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Minutes 08-21-18MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD ON TUESDAY, AUGUST 21, 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 5:00 pm Roll Call City Clerk Pyle, called the role, there was a quorum. Lori LaVerriere, City Manager James Cherof, City Attorney Judith A. Pyle, City Clerk A private-attorney/client closed -door session will be held on August 21 st, 2018 commencing at 5 pm to discuss pending litigation in the case of SECURED HOLDINGS INC, Plaintiff, vs. QUANTUM OVERLAY DEPENDENT DISTRICT, EUGENE GERLICA and CITY OF BOYNTON BEACH, Defendants — Palm Beach County Circuit Court Case No. 502016CA005668XXXXMB Attorney Cherof advised the Attorney/Client Closed Door Session would last about an hour. Meeting recessed at 5:02 P.M. for the Attorney/Client Closed Door Session. A. Call to Order - Mayor Steven B. Grant Mayor Grant called the regular meeting to order at 6:30 p.m. Invocation Former Mayor Woodrow Hay gave the invocation. Pledge of Allegiance to the Flag led by Vice Mayor Romelus Roll Call City Clerk Pyle called the roll. A quorum was present. Agenda Approval: Meeting Minutes City Commission Boynton Beach, Florida 1. Additions, Deletions, Corrections None 2. Adoption Motion August 21, 2018 Commissioner Katz moved to approve the agenda. Commissioner McCray seconded the motion. Vote The motion unanimously passed. 2. OTHER A. Informational items by Members of the City Commission Commissioner Katz indicated he had nothing to disclose. Commissioner McCray indicated he had nothing to disclose. Thanked the City Manager and Eleanor Krusell for the tour of the temporary City Hall. Vice Mayor Romelus had nothing to disclose. Commissioner Casello had nothing to disclose. He acknowledged his wife, Josephine and his daughter, Trinity in the audience. Mayor Grant stated on August 8th he met with Steve Abrams from District 4 of the County Commission. August 9th attended Feeding South Florida in Boynton Beach. Met with Todd Jones, CEO of Publix Supermarkets. the Publix Charities were giving $5M to alleviate hunger throughout the Country and gave $150,000 to the local Feeding South Florida. Attended the YMCA Steam program for their summer camp. August 11th assisted the Church of Jesus Christ of Latter Day Saints raising the headstones at Boynton Memorial Park. Attended the Bridges Back to School Bash at St. John Missionary Baptist Church and celebrated the 126th anniversary of St. Paul AME Church. August 12th attended the American Muslim Alliance. August 13th met with Police Chief Gregory. Shared he received an email stating some individuals are not coming back to Boynton Beach, because the police are making sure people are doing the speed limits. August 14th attended the Crosspointe Elementary Mission 500, where a local charity gave backpacks to the students, attended the V.J Day of Remembrance and went with Congresswoman Lois Frankel to the Cultural Council. Indicated Ms. Frankel would represent Boynton Beach for the next two years. August 15th attended the Steering Committee for the Transportation Planning Agency. Mayor Grant thanked the Commission regarding Meeting Minutes City Commission Boynton Beach, Florida August 21, 2018 approving the funds for the Transportation Planning Agency. August 16th attended Palm Beach Rehabilitation Center on Congress and SW 6th in Lake Worth. Stated the agency provides services for handicap individuals in need. Attended the Florida League of City Legislative Policy Committee for Land Use and Economic Development. August 18th attended the Florida League of City business delegation. August 19th had lunch with the State Attorney. Commissioner McCray noted he received a thank you from Ms. Queen Ester McClendon for the recognition of her 102nd birthday. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Proclaim August 31, 2018 as National Overdose Awareness Day. Mayor Grant proclaimed August 31, 2018 as National Overdose Awareness Day and read the proclamation into the record. Sharon Burns Carter, Southeast Florida Recovery Advocates, Ian Mautner Foundation, thanked the Commission for their support. Linda Mautner, Ian Mautner Foundation, thanked the Commission for their continued support. Noted she appreciated the community support and prayer. Mayor Grant noted he received notification regarding Quiet Coffee hour, at 412 East Ocean Cafe. Hoover the Basset Hound will be in attendance. Hoover howls whenever the train goes by. B. Announcement by Andrew Mack, Director of Public Works and Engineering, regarding moving dates and temporary locations of City Hall, Police Station, and Library due to the Town Square Project. Colin Groff, Assistant City Manager, provided a history and rendering of the new City Hall Complex. Provided some historical pictures regarding the old City Hall. Provided a brief history of the City of Boynton Beach and their decision to build a new City hall back in 1957. The complex cost was $154,000. Mr. Groff showed some historical pictures of the City Hall in 1960's, 1970's and 1980's. The City was moving to several different locations. Mr. Groff stated the Library, was now open and working and located at 115 North Federal Highway. Customer Services was now located at 209 North Searcrest Blvd; Development and Permitting will be closing August 31 st and will reopen September 4th at Quantum Park, 3301 Quantum Boulevard. Mr. Groff noted the next three weeks all of City Hall was moving out of the building. Commissioner McCray stated he was in Elementary School in 1960 when all of this was going on, he did not vote for it at that time. Meeting Minutes City Commission Boynton Beach, Florida August 21, 2018 C. Announce early voting for the August 28th Primary Election being held from Monday, August 131h through Sunday, August 26th at the Boynton Beach Civic Center. The polls are open from 10 a.m. to 6 p.m. each day. Mayor Grant announced there was early voting for the Primary Election on August 28, 2018. Early voting would be at the Boynton Beach Civic Center from 10 a.m. to 6 p.m. each day, August 13-26, 2018. D. Announced September Commission Meeting: Thursday, September 6, 2018, Regular Commission meeting and First Public Hearing on the FY 18/19 Budget; Special Commission meeting on Tuesday, September 11, 2018 at 6:00pm prior to the CRA meeting to consider a Final Fire Assessment Rate Resolution; and Thursday, September 20, 2018, Regular Commission meeting to include Final Millage Adoption and Final Public Hearing on the FY 18/19 budget. All to be held at Intracoastal Park Clubhouse Mayor Grant announced the 1 st September Commission meeting and the hearing for the Fiscal Year 2018/2019 budget and millage rate on September 6, 2018. The Special Commission meeting and Final Fire Assessment Rate Resolution is schedule for September 11, 2018. The final adoption of the millage rate and 2018/209 budget is scheduled for September 20, 2018. Informed the audience the City needed to move the meeting to Thursday because the City needed to comply with the School District and the County's hearing dates. Reminded the residents all future meetings will be held at Intracoastal Park. E. Recognize the significant military accomplishments of Master Sergeant Tanitra Lee, A life-long resident of the City of Boynton Beach. Announce early voting for the August 28th Primary Election being held from Monday, August 13th through Sunday, August 26th at the Boynton Beach Civic Center. The polls are open from 10 a.m. to 6 p.m. each day. Mayor Grant recognized the in significant military accomplishments of Master Sergeant Tanitra Lee, and read her accomplishments into the record. Family members accepted the citation in recognition of Master Sergeant Tanitra Lee's accomplishments. Her mother read a letter from Master Sergeant Tanitra Lee, thanking the City of Boynton Beach for the recognition. 4 Meeting Minutes City Commission Boynton Beach, Florida 4. PUBLIC AUDIENCE August 21, 2018 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) Susan Oyer, 140 SE 47 Way, provided the following short clips to the Commission. Indicated there was extreme weather all over the United States. asked what can be done. the expert told us the deadline. We can try to mitigate the problem; everyone needs to plant more trees. As a City the City needs to plant the right type of trees. She suggested to be the change you want to see in the world. Brenda Lee Williams, 337 NE 24 Ave, thanked the City Manager for the appointment of the Police Chief and welcomed him to the City of Boynton Beach. Indicated her neighbor to the west; the house has been abandoned. Stated someone boarded up the house, the fence was down. She indicated this was her official report, she believed the address was 341. Kelvin Homer 2505 Lake Drive North, thanked Boynton Cares which hosted the August cleanup at Intracoastal Park. Wanted to thank Boynton Pizza, LaBrasa, Deep Ocean Reef Bar and Grill for their gift cards, Searcrest Recovery and the other volunteers who came out to help. The next cleanup will be piggybacked with "Keep Palm Beach Beautiful" for the International cleanup day on September 15, 2018 at 9 am. Wanted to thank Eleanor Krusell for keeping Boynton Cares in the spotlight. Mr. Homer said if removing plastics from the environment was not your thing, how about the SWAT team, hostage negotiation. The Boynton Beach Police Department used his house for a drill. These men and women place their life on the line for all the people. He mentioned in a prior Commission meeting, the Department may want to look at the message "I want you to know me, before you need me". Thanked the Police Department again. Barbara Bernadine 9873 Lawrence Road, thanked the Commissioners and Mayor for all the work that they do for the City. Wished Commissioner Casello and his family all the best. Thanked the new Police Chief and all those serving under him. She mentors young men and women in the community. Commissioner McCray wanted to thank the Police Chief regarding the assault weapon which was found. Also, there was a pothole at the Senior Center. 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: Meeting Minutes City Commission Boynton Beach, Florida Arts Commission: 2 Alts Building Board of Adjustments & Appeals: 1 Reg and 2 Alts Planning & Development Bd: 1 Alt Recreation and Parks Bd: 1 Reg Senior Advisory Bd: 1 Alt Mayor Grant read the open positions. Motion 21, 2018 Commissioner McCray moved to nominate Boni Butch Buoni to the Planning & Development Board (Alt). Commissioner Casello seconded the motion. Vote The motion unanimously passed 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. Commissioner McCray requested to pull item A. Mayor Grant requested to pull item B A. PROPOSED RESOLUTION NO. R18-115 - Delegate authority to South Central Regional Wastewater Treatment and Disposal Board (SCRW TB) to place bonds in the amount of $15,500,000 to fund the five-year capital improvement plan required to upgrade the facility and add 6.0 MGD of permitted treatment capacity. Commissioner McCray wanted staff to clarify the Resolution. Inquired as to who was spending the money and what was the money being spent on. Collin Groff, Assistant City Manager, stated this resolution was authorizing the South Central Regional Wastewater Treatment and Disposal Board (SCRW TB) to enter into a contract to receive a bond. Informed the audience the Sewer Plant was jointly owned by the City of Boynton Beach and the City of Delray. Explained the board members represent each City. The current sewer plant was 40 years old and in need of repairs. The City was authorizing the board into a contract for a bond in the amount of 15.5M. Stated the bank indicated the interlocal agreement was not clear. Mr. Groff stated the bond will not affect the utility rate the City pays the board for treating the sewer. M Meeting Minutes City Commission Boynton Beach, Florida August 21, 2018 Commissioner McCray wanted this clarified to the citizens of Boynton Beach, that this was a joint effort between the City of Delray and the City of Boynton Beach. Mayor Grant asked for a motion. Motion Commissioner McCray moved to approve. Vice Mayor Romelus seconded the motion. Vote The motion unanimously passed B. PROPOSED RESOLUTION NO. R18-116 - Approve Release of Unity of Title for BTS South as part of the Town Square project. Mayor Grant met with John K. Markey regarding the unity of title. Thanked Mr. Markey for his help in resolving the issue with the unity of title. Motion Vice Mayor Romelus moved to approve with the correction of the spelling of Mayor Grant's name. Commissioner McCray seconded the motion. Vote The motion unanimously passed C. Accept the Fiscal Year 2017-2018 Budget Status Report of the General Fund and the Utilities Fund for the nine (9) month period ended June 30, 2018. D. Accept the written report to the Commission for purchases over $10,000 for the month of July 2018. Mayor Grant thanked the Public Works staff for all the work which was done. E. Legal Expenses - June 2018 - information at the request of the City Commission. No action required. F. Approve the minutes from City Commission meeting held on August 7, 2018 Mayor Grant asked for a motion. Meeting Minutes City Commission Boynton Beach, Florida Motion August 21, 2018 Commissioner McCray moved to approve the Consent Agenda as amended. Vice Mayor Romelus seconded the motion. Vote The motion unanimously passed. 7. BIDS AND PURCHASES OVER $100,000 A. Approve the purchase of Water Meters and Equipment with Sensus Metering Systems as a Sole Source vendor for the maintenance and replacement of water equipment for the City's Utility Metering System. The City is currently using Sensus's Flex Net System. Items will be ordered on an "as needed" basis for the estimated annual expenditure of $175,000. Mayor Grant read the item into the record by title only. Motion Commissioner McCray moved to approve. Vice Mayor Romelus seconded the motion. Vote The motion unanimously passed. B. Approve the purchase of 5 Mobile Diesel Generators from TAW Power Systems, Inc. of Pompano Beach, FL, a Kohler Generator Systems Distributor for the sum of $315,978,48, utilizing pricing of the national Sourcewell Contract #120617 -KOH. Sourcewell procurement process satisfies the City's competitive bid requirements. Mayor Grant read the item into the record by title only. Motion Vice Mayor Romelus move to approve. Commissioner McCray seconded the motion with discussion. Commissioner McCray asked if the generators were being secured. Joe Paterniti Interim Utility Director, responded the generators are being secured at the East and West Water Plant sites. Indicated these are mobile generators. Meeting Minutes City Commission Boynton Beach, Florida August 21, 2018 Commissioner Casello inquired if this brings the City up to a full complement of portable generators. Mr. Paterniti responded the City has generators in the event of emergencies. The City has some dry prime pumps at the Master Station which take care of the Master Pumping stations. These mobile generators handle any other power outage. 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. Approved JR Watersports Expansion (COUS 18-003 / MSPM 18-005) request for Conditional Use and Major Site Plan Modification for the expansion of the abutting business, including refurbishing of an existing 2,413 square foot building and associated site improvements on 711 N. Federal Highway, in the C-4 (General Commercial) zoning district. Applicant: Michael Wood. Mayor Grant read into the record. Attorney Cherof stated this was a quasi-judicial proceeding, swore in all those who wished to testify. Janna Wood, Owner of JL Watersport, indicated this was their current business location for over eight years. Showed the inside of the current boat dealership and pro shop. Informed the Commission JL Watersport currently sells approximately 40 boats per year. They offer customization, sell boat parts and miscellaneous items. Ms. Wood provided a picture of the current AmeriGas property which will be transformed into a beautiful landscape boat dealership and ship to shore store. Renovations will comply with the current Code. The site plan includes decorative walkways, stone picnic tables, new fencing and landscaping of the area as well as the parking lot. Mayor Grant inquired if this would include the sidewalk on SE 6t" Avenue as part of the site plan. A representative for JL Water Sport responded yes, the sidewalk will terminate near the crossing gate. Commissioner Casello inquired as to the time estimated to have this project completed. Representative for JL Watersport indicated the bids are already in. JL. Watersports was waiting to receive the last approval. Indicated they should be in permitting within a month, and should be complete before December. 9 Meeting Minutes City Commission Boynton Beach, Florida August 21, 2018 Commissioner Casello noted this property was contentious in the bidding, the property was awarded by the CRA to JL Watersport. He was happy to see this project moving forward. Believed this would be an asset on Al A. Commissioner McCray thanked JL Water Sports for stepping up to the plate. Mayor Grant called for a motion. Motion Commissioner McCray moved to approve. Commissioner Casello seconded the motion. Vote The motion unanimously passed. 9. CITY MANAGER'S REPORT A. Discuss procedure for Commission members to place matters on a City Commission agenda. Mayor Grant stated the Commission discussed procedures at the August 7, 2018 Commission meeting. Mayor Grant requested staff outline a process where agenda items may be placed on the City Commission agenda. Although a written policy does not exist, past practices has been established. If a Commissioner desires to bring an item before the City Commission for discussion or consideration, said Commissioner should raise the matter at a City Commission meeting and request the topic be placed on the next agenda or on the Future Agenda. Typically, if there was a consensus by the Commission to place the matter before the Commission at a future date, to insure the item was placed on Future Agenda. Mayor Grant asked if the Commission wanted to place those items at the beginning of the meeting, during agenda approval or when the Commission was discussing future agenda items. Indicated the Commission has done both. Commissioner Katz stated he believed this should be done at the end of the meeting. There should be a distinction if the Commission wanted it on the next agenda. Mayor Grant indicated the Commission has agreed to whatever was on the Future Agenda item would go under New Business whenever it was being heard for the first time. There should be a majority to hear the item, but not a majority to move forward. It was important the Commission have the ability to freely speak about ideas in the Sunshine. Once the Commission knows a Commissioner wants to speak about an item, they cannot speak about the item, unless it was in the Sunshine. Which may be voted on in the 10 Meeting Minutes City Commission Boynton Beach, Florida August 21, 2018 foreseeable future. He would like to place it before the future agenda items, for the upcoming meetings. There was a majority. 10. UNFINISHED BUSINESS A. Discussion concerning providing an opportunity for the public to bring dogs to Oceanfront Park for a "special" day at the beach at which dogs will be allowed off leash and have access to the water. This proposal will provide staff an opportunity to determine the best way to safely allow dogs on the beach at Oceanfront Park and determine if it is an activity that should be expanded. Mayor Grant said City staff has come up with a proposal to do a pilot program. Wally Majors, Recreation and Parks Director, indicated the City was proposing a pilot event, to allow staff to experience what it would be involved with implementing this type of event. The City was dealing with County and private property. Staff was recommending creating an area on the northern half of the park, which would be approximately 450 square feet. This would give individuals with dogs use of this area from 9 am to noon. It will take approximately two hours to install temporary fencing which would be required to maintain the boundary to prevent the dogs from entering private property and disturbing patrons. Staff will take the fencing down to the high tide water line, that seems to be the most attractive item, to allow the dogs to go into the water. There will be two part-time park rangers to monitor the area, to ensure the dogs remain within the area, ensure people are behaving or taking care of their dogs. Mr. Majors indicated there was the added challenge of not disturbing the turtle nests. Mr. Majors stated again the times for the program would be from 9 am -12 pm and then this would allow for park maintenance workers to dispose of the waste. Commissioner McCray asked about the turtle nesting season and requested additional information regarding hiring two part-time Park Rangers. Mr. Majors responded these positions have been approved for the upcoming fiscal year. The part-time Park Rangers would begin in October. Commissioner McCray stated the City did not expect to begin this program until after October. Mr. Majors noted the City needed to have some conversations with Palm Beach County Environmental Resource Management Department regarding the turtle nesting season. Commissioner McCray asked at this point were there no dates available. Mr. Mayors responded October or November. He responded they should have the Park Rangers trained and ready to begin by the mid October. Commissioner McCray asked if this must come back to the Commission for a date, place, time, plus the part-time park rangers must be trained. How long was the pilot program 11 Meeting Minutes City Commission Boynton Beach, Florida August 21, 2018 expected to last? Mr. Majors indicated the intent was to do it once, to see the challenges. Staff will come before the Commission to make a report. Staff chose this option because it will give the City the best opportunity to do this in the appropriate and safe manner. Commissioner McCray stated if the Commission approves this item, staff should get advertisement out to make sure the residents utilize this program. Commissioner Casello asked about the temporary fencing. Asked if City have some of this fencing in a different department which may be utilized. Mr. Majors indicated he did not know it the City had enough temporary fencing. He did not know if the temporary fencing could be shared with other functions. Mr. Mayors stated if they did not need to spend the money they would not. Commissioner Casello asked if there was some signage regarding the rules and regulations regarding the dogs on the beach. Mr. Majors indicated he was being conservative when it came to the signage. He did not want to invest extensive amounts of funds into the pilot program. He indicated he would work with staff to make sure they have informational signage. Commissioner Casello asked if the City staff could make it mandatory the people walking their dog bring their own waste bags. Most of the people attending this function are responsible dog owners. Asked if the City could provide some doggy bags; along with the signage and getting the fence up, this could be a successful event. Mr. Majors indicated they have plenty of doggy bags, as well as shovels. The sand environment was difficult Commissioner Casello asked about the pop up tents. Mr. Majors indicated the problem with the pop up tents was any breeze over 10 miles per hour the tents would blow away. Ms. LaVerriere indicated staff could reach out to the local businesses such as Petco and Pet Supermarket to see if they were willing to partner with the City and possibly participate in some activity. Mayor Grant asked if this was for dogs which are leashed. Mr. Major responded this would be very awkward to walk a dog on a leash dog on the sandy beach. Mayor Grant asked if Mr. Majors could come up with an idea for leashed dogs. Mayor Grant noted anything below the high tide water mark was public domain. Whether there was a timed event at which people could walk their dogs on the beach in the low tide area. It would be easier than on the dry sand area. Mr. Major stated they looked at different areas for different size dogs, but in this area it would be a challenge. Indicated the City was looking into options. Mayor Grant related when he was in Jacksonville the hours were from 9-4 pm for leashed dogs. Commissioner McCray asked what would be the City's liability if the dogs were to attack anyone. Commissioner Katz indicated this would be the same liability as with any other park which allows dogs on leashes. Commissioner McCray stated the parks which the dogs are allowed the dogs are on leashes. 12 Meeting Minutes City Commission Boynton Beach, Florida August 21, 2018 Vice Mayor Romelus asked how long would the special day last. Mr. Major responded it would be from 9 am -noon on a Saturday morning. Vice Mayor Romelus indicated staff would be responsible for cleaning the area after the event. Mr. Majors responded he was recommending three Park Maintenance workers. After the erection of the fence their primary responsibly was to keep the area clean and do a visual scan after the event. Vice Mayor Romelus stated, for the record, she was against this in the beginning and she believed this was a waste of time and City resources. Recently the City decommissioned the City afterschool program due to staffing. The City was now hiring staff to pick up dog waste. Mayor Grant stated his proposal for a second day for leashed dogs, if this was something the Commission was willing to consider. Commissioner Casello responded if this turned out to be a disaster let's just play it by ear. Commissioner Katz noted he was excited about the special event. Indicated there are some valid concerns with those who object to having dogs on the beach. There are many people who would love to have the opportunity to have free hours to test the City capabilities. This was a small amount of time, only three hours out of the year. He welcomed the opportunity of trying new ideas. Mr. Majors indicated he would be contacting the County regarding the turtle nesting. Mayor Grant asked when was the nesting season for the turtles. Mr. Majors indicated the nesting season was from May 1 through October 31 st . Ms. LaVerriere stated the City may be looking at November as a start date. Commissioner McCray noted he was not in favor of dogs on the beach, but he would not stand in the way to have the dogs on the beach. Mr. Majors indicated staff would make sure this was promoted. There was no further discussion. 11. NEW BUSINESS A. PROPOSED RESOLUTION NO. R18-117 - Authorize the Mayor to sign an Interlocal Agreement with Town of Hypoluxo for the City to continue to provide Fire -Rescue services to the Town for the period of October 1, 2018 thru September 30, 2025. Mayor Grant read the Proposed Resolution R18-117 into the record by title only. 13 Meeting Minutes City Commission Boynton Beach, Florida Motion st 21, 2018 Vice Mayor Romelus moved to approve with discussion. Commissioner McCray seconded the motion with discussion. Commissioner McCray asked how much revenue would the City receive from Hypoluxo from October 1, 2018 thru September 30, 2025. Lori LaVerriere responded next year was $436,000 then it was a 4% escalator per year. Indicated the Town of Hypoluxo requested an extension clause for an additional 7 years, after the first 7 years expires. Vote The motion unanimously passed. 12. LEGAL Mayor Grant indicated staff has recommended to keep tabled items 12-A thru 12-D. A. PROPOSED ORDINANCE NO. 18-019 - FIRST READING - City Commission to consider amending Part II, Chapter 2, Article I of the Code of Ordinances to create a new subsection prohibiting board member lobbying. (TABLED - STAFF RECOMMENDS ITEM REMAIN TABLED) B. PROPOSED ORDINANCE NO. 18-020 - FIRST READING - PUBLIC HEARING Approve amendments to the regulations governing the methodology used for approving the Utility rates governing water, wastewater (Chapter 26- 9), reuse water (Chapter 26-508), and the stormwater assessment fee (Chapter 26-403); allowing rates to be set annually by resolution of the Commission. (TABLED TO SEPTEMBER 6, 2018 DUE TO ADVERTISEMENT ISSUES) C. PROPOSED ORDINANCE NO. 18-016 - SECOND READING - Approve Amateur Radio & TV Antennas (CDRV18-001) amending Chapter 3. Article V. Section 12 of the Land Development Regulations to update terminology, restrict the number of towers allowed, establish height limits and setbacks, while maintaining consistency with preemption regulations by the Federal Communications Commission (FCC). City -initiated. (TABLED - STAFF RECOMMENDS ITEM REMAIN TABLED) D. PROPOSED ORDINANCE NO. 18-017 - SECOND READING - Approve Wireless Communication Facilities (CDRV 18-001) amending Chapter 3. Article V. Section 13 of the Land Development Regulations to implement regulations consistent with State legislation known as the Advanced Wireless 14 Meeting Minutes City Commission Boynton Beach, Florida st 21, 2018 Infrastructure Deployment Act that regulates W CF within public rights-of-way. City -initiated. (TABLED -- STAFF RECOMMENDS ITEM REMAIN TABLED) E. PROPOSED ORDINANCE NO. 18-021 — FIRST READING - An ordinance amending Chapter 10, section 10-30 of the City Code approving a rate increase in residential single family and multi -family garbage rates for fiscal year 2018- 19, 2019-20 and 2020-21 Attorney Cherof read Proposed Ordinance No. 18-021 on first reading, by title only, into the record. Andrew Mack, Director of Public Works, indicated since 2015 the Solid Waste Division has seen significant increases in personnel and benefit costs, waste disposal fees, vehicle service, vehicle replacement costs, post closure activity of the City land fill. Staff was requesting a multi-year increase to the residential solid waste rate. The purpose was to cover the following: the addition of two new drivers, two heavy equipment operators, purchase of solid waste vehicles, switching from a seven-year replacement cycle to a four-year replacement cycle, replacing aging carts, dumpsters and roll off containers, pay for expenditure of closing the City landfill, increase in solid waste disposal fees, and replenish the Solid waste fund. The current rate was $16 for residential and $12.25 for multi -family. They are proposing a $1 rate increase next fiscal year and an increase of .50 the next two fiscal years. Staff researched other cities that have Solid Waste operations; The City of Boca, Lake Worth, and West palm Beach. The proposed rate increase would insure the Solid Waste fund collects revenue to cover its fixed expenses and fund capital expenditures and to replenish the fund reserve. Commissioner McCray inquired when was the last time an increase was initiated. Mr. Mack responded in 2013. Commissioner McCray stated the citizens in District 2 are not satisfied with the services received. He was in favor of the increase. Mr. Mack stated the Commission approved the Routeware which will help with the tracking and improve services for the residents. Vice Mayor Romelus inquired if this would this take care of the issues of missed garbage days. Mr. Mack explained because of trucks being out of commission, staff used a rear load truck to pick up trash. Mr. Mack indicated with the addition of the two additional drivers and cycle change for the equipment, this should take care of the issue of missed garbage pickup. 15 Meeting Minutes City Commission Boynton Beach, Florida August 21, 2018 Vice Mayor Romelus asked for an itemization of equipment and additional staff members. Mr. Mack responded the City purchased 8 additional trucks, 1 automated side loader, 2 commercial trucks, 2 commercial jet trash loaders for the vegetation, 1 Evo for the smaller street, 1 roll off truck, with two heavy equipment operators. Ms. LaVerriere noted the Utility department was in the process of cross training the drivers on all of the fleet as well as being licensed. Mr. Mack replied one of the issues the City had was drivers were not qualified to drive different type of vehicles. As stated by the City Manager, the drivers are being crossed trained with a career path being implemented. Commissioner McCray asked if the supervisory positions know how to drive those vehicles. Mr. Mack said he hoped that people which are in supervisory positions would have a CDL. Indicated staff was working on a template to be completed if trash was not picked up. A notification would go out on the internet as well as inform the Commissioners. Commissioner McCray stated the notifications should be sent to each Commissioner when there was a problem, such as when the trash was not picked up. Commissioner Casello noted when the trucks place the containers back down, the lids do not close. Asked if there was an ordinance or law which state the lids must be closed. Mr. Mack responded there is not an ordinance or health condition which state the lids must be closed. The City will be ordering new containers with predrilled holes, so that water would not collect in the bottom of the container. Commissioner Casello stated the older truck were ok the new trucks have this problem. Mr. Mack indicated this was not a health concern, staff needs to be more careful. Commissioner McCray stated staff would leave the container in the road and on the container side. Mayor Grant requested clarification regarding the four-year life cycle. Was the plan to get salvage value. Asked why was the City going from 7 to 4 -year cycle? Asked if this was to recycle the trucks? Mr. Mack stated some of the trucks will be retained as backup. Explained these trucks are high maintenance trucks and the cycle was because of the maintenance. Motion Commissioner McCray moved to approve. Commissioner Casello seconded the motion Clerk Pyle call the roll. Vote 5-0. s Meeting Minutes City Commission Boynton Beach, Florida August 21, 2018 Commissioner Casello stated at the last Commission meeting there was a discussion on diesel exhaust filtration system in some firefighter gear dryers. The Commission voted and it was approved. He assumed that all stations had this filtration system. He stated this would be the first system installed. Ms. LaVerriere interjected that all stations have exhaust filtration systems, but not this newest style. Commissioner Casello indicated he would like to speak about the diesel exhaust filtration systems for the fire stations. He continued, 68% of service firefighters get cancer. Diesel fumes was a known cause of certain types of cancers. He would like to have that discussion of placing one exhaust filtration system per year over the next five years to possibly expediting the installation in a timelier basis. Mayor Grant asked if the Commission was in agreement to place this for discussion for New Business, when more information and funding could be discussed. Commissioner Casello asked what type of exhaust systems does the City fire stations have now? Deputy Fire Chief Clemons replied the City has a vehicle exhaust system in each fire station. The City currently has uprights/wall mounted systems, this was a hoseless system. Indicated research has shown that those particular exhaust systems do not effectively remove the cancer causing agents out of the station. The City was converting to the new Plymovent system, which was a direct source connect to the apparatus which would effectively remove all cancer causing agents from the stations. Commissioner Casello stated this was nothing more than a big fan. Noted they had this back in his day. Deputy Fire Chief Clemons explained Plymovent eliminates diesel exhaust from the fire stations and is a new product, which most fire stations are going in this direction. Commissioner Casello stated Delray and Boca Raton are 100% installed. Indicated he would like to have this discussion. Mayor Grant indicated he had two items. He spoke to the Sustainability Coordinator on plastic straws and styrofoam. There were some residents speaking about a straw ban. The Commission needed to appoint someone to District 4, he would like to do this while Commissioner Casello was still available. Indicated at the November 8 meeting, Commissioner Casello and Mayor Grant would not be present. He feels it would be good to have someone in place or someone who wants to apply available. Commissioner McCray asked counsel if there was a majority. Attorney Cherof stated that was correct. Commissioner McCray said he does not want to do anything in haste. This can be discussed at a later date. 17 Meeting Minutes City Commission Boynton Beach, Florida August 21, 2018 Commissioner Katz asked if the Commission starts the process, does the selection of a replacement need to happen following the vacancy being created or can it be decided prior to the vacancy. Attorney Cherof stated the way in which the Code and Charter was worded was the vacancy creates the process. It was not the process which creates the vacancy. The Commission can talk about the procedures, how it will be done and announce it will be done; but, until there was a true vacancy, there was not a positon to fill. Mayor Grant asked about the letter of resignation which was filed by Commissioner Casello. Attorney Cherof indicated this was not effective. Commissioner Casello stated it was effective midnight, November 6th. Ms. LaVerriere asked if staff was to bring back options of what can be done on this item. Mayor Grant indicated in the affirmative. Mayor Grant thanked everyone for their attendance and stated it has been 61 years in the City Chambers and this was the last meeting being held until the new Town Square was completed. Invited all to come forward for a picture. 13. FUTURE AGENDA ITEMS A. Commission wants to discuss public safety as it relates to the Town Square Redevelopment — TBD B. Staff to bring information concerning the following land parcels for the Commission to review —TBD Nichols Property Rolling Green Girl Scout Park C. 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 14. ADJOURNMENT Motion 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 7:57 p.m. %3 Meeting Minutes City Commission Boynton Beach, Florida August 21, 2018 CIT O NT BEACH Mayor - Steven B. Grant ayor Xkristina Romelus ner — Justin `Commissioner -:-flack McCray A z e6�L C4missioner - Joe Casello ATTEST Judit A. Pyle, CMC City Jerk ueenester Nieves Deputy City Clerk