Loading...
Minutes 10-16-18MINUTES OF THE CITY COMMISSION MEETING HELD ON AT THE INTRACOASTAL PARK CLUBHOUSE, 2240 N. FEDERAL HIGHWAY, BOYNTON BEACH, FLORIDA ON TUESDAY, OCTOBER 16, 2018, AT 6:30 PM PRESENT: Steven B. Grant, Mayor Christina Romelus, Vice Mayor Justin Katz, Commissioner Mack McCray, Commissioner Joe Casello, Commissioner 1. OPENINGS Lori LaVerriere, City Manager Shana Bridgeman, Assistant City Attorney Judith A. Pyle, City Clerk A. Call to Order - Mayor Steven B. Grant Mayor Grant called the meeting to order at 6:30 p.m. Invocation The invocation was given by Commissioner McCray. Pledge of Allegiance to the Flag led by Commissioner McCray The members recited the Pledge of Allegiance to the Flag. City Clerk Pyle called the roll. A quorum was present. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Motion Commissioner Casello moved to approve the agenda. Commissioner McCray seconded the motion that unanimously passed. 2. OTHER A. Informational items by Members of the City Commission Meeting Minutes City Commission Meeting Boynton Beach, Florida October 16, 2018 Commissioner Katz had no disclosures. Commissioner McCray attended the mandatory four-hour Ethics training and met with Attorney Bonnie Miskel and another individual earlier in the day. He attended an INCA meeting last night. A Florida Wildlife and Conservation Representative as well as the Sheriff were present and they told INCA residents the same thing the Boynton Marine Patrol told them. It was a shame no one believed the Marine Patrol. He appreciated the brochures from the Marine Patrol and he commended Police Chief Gregory. Vice Chair Romelus and Commissioner Casello had no disclosures. Mayor Grant announced on October 3rd, he attended the Palm Beach County Transportation Planning Agency Steering Committee meeting and that evening he was at Due South for On the Road for Climate Action. A presentation was made at Due South promoting the book 50 Myths About Climate Change and the science behind it debunked the myth that volcanos are causing global warming and other issues. On October 4th, he attended the Business Development Board Luncheon and the National Day of Taiwan. On October 6th, he attended a painting event for the American Stroke Association called Stroke for Stroke. On the 8th, he attended an elementary school summit which he will discuss as a future agenda item. On October 9th, he attended the Ethics Class and was at the International College of Health Sciences in Boynton Beach to help with the accreditation of their nursing program. On October 10th, he went to the Special Needs Advisory Council awards ceremony and announced there was a local winner. On October 15th, he attended a Principal Summit with Congress Middle School, and he attended INCA and the Historical Society and met with Attorney Bonnie Miskel and Corporate Property Services. B. Presentation of Plaque and Recognition of Joe Casello as Commissioner for District 4. Mayor Grant had a plaque of recognition for Commissioner Casello. Commissioner Casello commented he was humbled and honored to have had the privilege to serve for six years and he felt good he was leaving on a high note. He entered the election in 2013 for the right reasons. At that time, Boynton Beach had much going on and not all of it was good. When he ran, he was unknown. He was a former firefighter and the only individuals that he knew that might be on his side were firefighters' and he knocked on their doors. He finally got to the right people and was supported, winning his first election by three votes. He advised during the last six years, there was about half a billion dollars of new development in Boynton Beach, a new phoenix will rise from the former City Hall with a new Town Square. The population has increased and Commissioner Casello noted this year Boynton Beach had the highest percentage of new people moving in. He commented they must be doing something right on the dais that individuals choose to live, work and play in Boynton Beach. 2 Meeting Minutes City Commission Meeting Boynton Beach, Florida October 16, 2018 He has made some tough decisions on the dais. The votes may not have always been right, but they came from his heart. The first vote he ever took was the Old High School which had been in disrepair for 20 plus years. He made a statement it was just a bunch of two by four and nails and mortar and the pushback he received was tremendous. It was a part of Boynton's history. He is most proud that he listened to the people who the project was important too and they convinced him it had to stay and they did it. Now all can see what is occurring and there is now a new downtown. He looks forward to when Boynton Beach can be diversified without districts and have just one Boynton Beach where all citizens can enjoy the fruits of their successes. He thanked staff who made his job much easier. People are a phone call away and they go out of their way to provide the direction and information to make informed decisions. He thanked Colin Groff and City Manager, Lori LaVerriere. He noted they just left a contentious closed -door session, but they come out as one, which is the most important thing. He contended Commissioner McCray and he are dinosaurs on the dais. The new younger Commissioners are bright, progressive and are the future leaders. His seat will be filled and the newly elected Commissioner will be in a good place to work with his fellow colleagues on the dais. Commissioner Casello explained his wife was present and for six years, he would come home although he likes to get his way, one thing he learned was, it is not your solution to the problem that is the best; it is a partnership. He learned how to work within a group because if they do not work together, nothing will ever get done. He is leaving Boynton Beach in a better place. He will not be far and he knows where his roots are. He thanked all out there and former Mayor Jerry Taylor. He expressed his sincere thanks and advised he will be working very hard for Boynton Beach in Tallahassee. Lori LaVerriere presented him with a gift and he was given a plaque. He thanked all. Commissioner McCray commented the Commissioners all learn the road together. It was difficult and they did not always see eye to eye. But they all walked out as friends. Sometimes they think it is difficult or not worth it, but it is rewarding. He wished Commissioner Casello the best of luck in Tallahassee and he will see him there. Mayor Grant first met Commissioner Casello at the Financial Advisory Committee when he was running for office and Commissioner Casello was learning as much as he could about the position. He feels he did his absolute best to become a State Representative and now he will be representing Boynton Beach and 420 municipalities and unincorporated areas. He was looking forward to seeing him in Tallahassee Commissioner Katz commented Commissioner Casello has not only been a coworker, but also a valued friend and he looks forward to the continued relationship. Commissioner Katz met him at a diner on Gateway about five years ago when he ran for the School Board. Commissioner Casello had endorsed his opponent, but in that meeting, there was a lot to be said about honesty, truth and integrity. Commissioner Casello showed his 3 Meeting Minutes City Commission Meeting Boynton Beach, Florida October 16, 2018 character at their first sit down and his character has not changed. They are both from the northeast and they have working class families. They both like Wawa, they had similar view points, and it was convenient to have a strong ally. When they had disagreements on topics, it was not made personal. The City Commission has different viewpoints and it is a testament to him he stayed consistent. They were effective getting many things done in a wide range of activities. It will be a tough job to fill Commissioner Casello's shoes. It was a pleasure to work with him and he will work with him in his new capacity. He will stay in touch and work with him every day. He thanked Commissioner Casello. Vice Mayor Romelus commented Commissioner Casello should go forward and make Boynton Beach proud. 3. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS A. Proclaim the Month of October as Walk to End Alzheimer's Month. Shenetria Moore who is the West Palm Beach Walk to End Alzheimer's Co -Chair, will accept the proclamation from Mayor Grant. Mayor Grant read the proclamation designating the Month of October as Walk to End Alzheimer's Month. Present to accept the proclamation was Shenetria Moore. Ms. Moore thanked all for the opportunity to discuss the walk, as it was dear to her as she lost her grandmother to Alzheimers. It is the sixth largest disease killer in the U.S. One in three seniors will have Alzheimer's or some form of dementia and it kills more people than breast and prostate cancer combined. She requested support and announced the walk is Saturday. It is a fun walk, participants should wear purple tee shirts and support the fight. B. Proclaim the week of October 15-19, 2018 as Poverty Awareness Week in the City of Boynton Beach. Mr. Ontario "OX Johnson will be accepting the Proclamation. Mayor Grant read the proclamation designating October 15-19 as Poverty Awareness Week. Present to accept the proclamation was Mr. Ontario "OX Johnson. Mr. Johnson thanked all and advised the fallout early for poverty cost the country $500 billion yearly. He is the coordinator for Circles of Palm Beach County. They are building a community to end poverty. The program is an opportunity for people to become involved and share their experiences, wisdom, what they have learned and then put their hand in the pot to make a change. All are welcome to go to Pathways to Prosperity to visit a Circles class to see how they work providing tools and education to overcome poverty and provide outreach in the community. Commissioner McCray asked how many families had been helped since the program started and learned about 126 families were helped and the program is ongoing. They 11H Meeting Minutes City Commission Meeting Boynton Beach, Florida October 16, 2018 need involvement from the community aligning families with allies who have become an intentional friend and support system to the family. He advised it is a hand up. C. Announce that Palm Beach County Property Appraisers office will be manning a table at the Senior Center to provide Boynton Beach residents with information on how to file for Homestead Exemption from 1:30pm - 2:30pm on the following dates: Tuesday, November 13, 2018; and Tuesday, December 11, 2018 Mayor Grant read the announcement as noted above. D. Announce the change in the date for the regularly scheduled November 6th Commission meeting to Wednesday, November 7th at 6:30 PM. Mayor Grant announced the change. E. Announcement of the 7th Annual Boynton Beach Pirate Fest and Mermaid Splash. Lord Governor Hyde proclaimed the 7th Annual Boynton Beach Haunted Pirate Fest and Mermaid Splash hosted by the Boynton Beach Community Redevelopment Agency on Saturday, October 27th and Sunday, October 28th. Pirates will invade downtown Boynton Beach with swash-buckling adventures for the whole family. The free event has non-stop entertainment, music, stunts, shows, cannons, vendors, live mermaids, a treasure hunt and more. There will be food and drink including craft beer brewed from Due South, especially for the festival. He invited all to stop by to pick up pirate booty and encouraged all to dress to impress for the Royal Wedding of his daughter at 1:30 p.m. on Saturday at the most exciting Pirate Fest in South Florida. Further information could be obtained at the Boynton Beach PiratesFest.com. F. Announcement of 3CMA Award received for the City's 2018 Calendar. Eleanor Krusell, Communications and Marketing Director, explained this was the third year in a row the City received a silver Circle Second Place Award from the City/County Communications and Marketing Association in its Savvy Award Competition for its 2018 calendar. The entry was an extensive six-page entry that had to include the problem and opportunity statements, intended goals and outcomes, documentation of achievement, and budget and use of outside resources. The calendars were also judged for creativity, quality of content, design and production. Over 700 entries were received and judged. The City is proud to receive second place and next year the City will be first. Ms. Krusell explained ICMA is an association made up of government communication and marketing managers and it is a national award. 5 Meeting Minutes City Commission Meeting Boynton Beach, Florida October 16, 2018 G. Justin Katz, CTA President has requested to address the commission regarding the School District referendum. Commissioner Katz explained he is President of the Palm Beach County Classroom Teacher Association representing over 13,000 teachers and professionals that support teachers throughout Palm Beach County. He advised he wanted to provide information about a question on the ballot regarding serious issues that would be addressed if the referendum passes. The referendum, if passed, will give the School Board the ability to levy one mill of ad valorem taxes and dedicate the funds for operational needs of non - chartered district schools. The funds will be used to acquire school safety equipment, hire additional school safety police and mental health professionals, fund art, music, physical education and career and choice program teachers, improve teacher pay beginning July 1, 2019. The referendum will end on June 30, 2023, with oversight by an independent committee of citizens and experts. If approved, the initiative will fund over 650 existing positions. In 2010, due to the recession, the State Legislature cut public education funding by $1 billion and in addition to reduced property values and reduced local property taxes, the school district asked voters in 2010 to approve a quarter mill, to fund the positions. The tax must expire every four years. Voters passed the tax in 2010 and in 2014. The School District wants to continue to fund the 650 positions as student options, school security, mental health and teacher pay have become significant issues. In addition to funding the positions, there are increases for police officers and mental health personnel. Last year, the Legislature passed a law that mandated one officer per school and they set aside some funds, but not enough. The school spent $15 million for security, but only received $5 or $6 million from the State. Commissioner Katz noted an elementary school may have 600 or 700 students and a high school may have 3,500 students. One officer per school in an elementary school verses a high school would have different scenarios if an incident arose. If the referendum is passed, the District will hire 77 more police officers to supplement the one officer per school, which would result in two officers in every middle school, three in every high school, and allow the officers to move from school to school if there is a need to increase security. The goal is not to stop shooters, the idea is to prevent shootings from occurring which is a mental health issue. Guidance counselors have been monitoring graduations to ensure students graduate and they are not guidance counsellors any more in the traditional sense. Students need dedicated people in which to interact. As a teacher, he was not trained or prepared to differentiate between a child saying something weird as opposed to them having a potential issue. There would be 180 new positions and mental health professionals on every campus with other mobile mental health professionals to address potentially violent students. Another component of the referendum is teacher retention supplements. Funding for public education in the country has dropped. Florida stopped funding education as demands increased, although less money was provided. As a result, teacher pay was ranked in the low 40s, and a teacher could move to 40 other states and receive better pay. If competitive wages are not provided, there will be talent lost and high turnover. 0 Meeting Minutes City Commission Meeting Boynton Beach, Florida October 16, 2018 Palm Beach County, due to turnover, hires over 1,200 new teachers and every five years 50% of the teachers were hired within the last five years or less. College enrollment and educational programs are decreasing and people do not want to enter the teaching professions. Teachers, based on years of experience, would receive supplements of $1,000, $5,000 or $10,000 to their base pay contingent on their experience and allow them to reach the level they would have been at if the recession had not occurred. The package includes safety and mental health, curriculum options for students and ensuring the highest caliber teachers are retained. Each year, the School District has to mention what the tax rate and what the roll back rates would be, if implemented. Commissioner Katz explained the City Commission made that decision. The State Legislature controls the local required property tax for the school district and they have historically imposed the roll back rate. Each year the Legislature says property values have increased so the property taxes need to be lowered, which eliminates new revenues schools receive. From 2012 through 2019, the property tax rate for the school district is the lowest it has been. Schools do not see any increase in revenue, but they are subject to the whim of the Legislature, which last year designated 47 cents of unrestricted funds per student for each school district, which equated to about $100,000 to increase wages for Palm Beach County. He noted there are almost 27,000 full and part time employees. If they had not done this over the years and they had watched the property tax rate remain at the normal level, but capture the new revenues from increasing values, they would have had $180 million additional dollars to pay for everything that was being discussed. The School District could fund the enhancements themselves, if not for the roll back rate. The referendum is to pay the amount of taxes that property owners would have paid if the Legislature had not intervened and prevented the funds to be given to the School District. Commissioner Katz commented two years ago, a sales tax was implemented in Palm Beach County and half the revenues went to the school district, a quarter percent went to County government and the remaining funds were divided among the municipalities; however, those revenues could only be used for capital improvements, deferred maintenance and technology upgrades. Not one cent could be used for personnel. This referendum is exclusively for personnel needs. Commissioner Katz pointed out the tax existed 2010 and again 2014. In the past, the tax was for a quarter mill special tax resulting in a $25 tax for every $100,000 of assessed home value. In order to fund the additional needs, the School District was requesting the one full mill, which would be $100 per $100,000. When the State lottery was implemented, the funds would be used for education, but the Legislature used it only to cover existing costs, so it did not increase education funding for public schools. After covering the existing costs, they took the money and spent it elsewhere. He noted a good portion of the lottery money also goes to Bright Futures Scholarships. He supported the increase and commented public education is the source of all social and economic mobility. Without it, people would remain in poverty. He commented it is important the referendum passes and it was important to him as a teacher and as a City Commissioner. ►A Meeting Minutes City Commission Meeting Boynton Beach, Florida October 16, 2018 It was important for safety and they cannot continue the trend in the country with school shootings. They can address the problem locally by providing the funds and resources. The Referendum is the last item on the four-page ballot. He requested those in attendance support the item and answer the last question first and then start at the beginning of the ballot. Mayor Grant recognized Stephanie Soplop, Recreation Assessment Specialist, for winning the Employee of the Year for the Special Needs Advisory Coalition of Palm Beach County and read a letter about her and what she does. Ms. Soplop thanked Wally Majors, Recreation and Parks Director; Debbie Majors, Grants and ADA Coordinator; the City Commission; Mayor Grant; City Manager Lori LaVerriere; Mary DeGraffenreidt, Special Events Program Manager; and all her coworkers. She agreed with Commissioner Casello's previous comments that any solution is about a partnership and working together. Inclusion is important to her and she was honored to be working with the Leadership Team for their support and passion. Motion Commissioner McCray moved to approve the agenda with that addition of recognizing Ms. Soplop. Mayor Grant also added a statement about early voting beginning October 22nd at the Ezell Hester Center from 7 a.m. to 7 p.m. 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) Suzanne Ross, Executive Director, Schoolhouse Children's Museum, explained September at the Museum ended strong and welcomed over 415 more guests this September than last year. October also started strong. She explained there are many Halloween activities occurring. October 19th is Pumpkin Day, Wednesday October 24th is a Halloween themed Super Sensory Messy Play. Friday, October 26th is a not so scary Halloween Celebration at 10:30 a.m., and the Museum is participating in Pirate Fest with a booth in the children's area and will offer two interactive activities, promoting the Museum is open during construction and giving away free BOGO passes to the Children's Museum. A new exhibit has opened at the Museum: Boynton Builders Supply in honor of the construction taking place. Youth can build with child -sized foam concrete blocks, planks, bricks and pavers. Two new programs beginning this month are Music Together, an internationally recognized music program for children and the adults who love them, which was partially underwritten by the Cultural Council of Palm Beach County, and Tumble Tots which is a tumbling class for small children. She invited all to attend. 1.1 Meeting Minutes City Commission Meeting Boynton Beach, Florida October 16, 2018 Adam Turey, thanked Commissioner Casello for his friendship and commented when Commissioner Casello knocked on Fire Station doors to find support, the person he was looking for was him. He met with him and from the beginning knew he was something special. He was impressed with his work and work ethic. They do several extra activities, meetings and Commissioners do their best. He thanked Commissioner Casello on behalf of the Boynton Beach Fire Rescue Local 1891 for years of service and dedication. He wished him good luck in Tallahassee. Fred Angelo, 16428 75th Avenue North, Jupiter 33418, advised in Tallahassee Democrats sit in the back. They do not have microphones so Commissioner Casello should get used to yelling. Kevin Homer, 2505 Lake Drive North, wanted to discuss the last two Boynton Cares Cleanups. The first Cleanup occurred on International Cleanup Day and the group was one of 60 cleanup groups in the County participating in the large-scale event. Sponsors included the Solid Waste Authority, Papa Johns, Steve from Shell on Gateway and Federal Highway, Del sol Bakery, Deep Ocean Reef Bar and Grill, Bonefish Grill, Dominic's of Boynton Beach and the Driftwood. Restaurants gave gift cards from surrounding cities such as the Old Key Lime House in Lantana and Taverna Trela in Delray Beach. Mr. Homer announced over the past six cleanups, they have removed more than 1,000 pounds of harmful plastic from Intracoastal Park alone. He noted Intracoastal Park is unique. There is a freshwater lake, a playground, pavilions, but most importantly, the mangroves, which prevent erosion and filter water. They serve as a nesting ground for marine life, and they help prevent erosion. Mr. Homer commented east, past the signage Mr. Majors added on the Intracoastal Waterway and then the Boynton Beach Inlet, is the gateway to the ocean and the Gulfstream, which is the international highway bringing pollution to and from Boynton Beach. He noted these waters connect Boynton Beach to the rest of the world. In an attempt to recruit new volunteers that have been with them since the beginning, they will adopt their own Boynton Beach Park. He wants to help anyone adopt a park and he would like every park adopted by someone in the community. He pointed out the group uses zero financial resources from the City. He thanked the City Commission for their time and support, and Mayor Grant, who is a very hard working volunteer. He thanked Wally Majors and Wayne Carrels, Alex from Channel 5 News and Chelsea from the Palm Beach Post. He commented the media is very powerful. All are appreciative, especially the plants and animals, if they could speak. Herb Suss, 1711 Woodfern, commented this past weekend he was on the Southeast Honor Flight and he thanked the City, Fire and Police Departments who had their members on overhead bridges. He wished Commissioner Casello the best. Mr. Suss spoke about Alzheimer's and explained he volunteered to participate in a program to be treated for plaque they discovered on the brain. The program is called Ban 2401 which stops the plaque from accumulating. It does not cure Alzheimer's, but it can arrest its progression. He received a call to continue testing the Ban 2401 in another phase. He 9 Meeting Minutes City Commission Meeting Boynton Beach, Florida October 16, 2018 will be treated again for another two years and they will increase the dose. He has been tested and was proud to announce his plaque has been stopped. He announced there is a breakthrough. No one else coming forward, 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: Building Board of Adjustments & Appeals: 1 Reg and 2 Alts Education and Youth Advisory Bd: 2 Stu Historic Resource Preservation Bd: 1 Reg Mayor Grant read the openings. There were no applicants. 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 A. PROPOSED RESOLUTION NO. R18-148 -Approve the City of Boynton Beach State Housing Initiative Partnership (SHIP) Program Annual Report and Authorize the Mayor or his designee to sign the Certification to Accompany the report. B. PROPOSED RESOLUTION NO. R18-149 - Approve and authorize the signing of an Interlocal Agreement with the Palm Beach County Supervisor of Election for vote processing equipment use and election services. C. PROPOSED RESOLUTION NO. R18-150 - Authorize the City Manager to Authorize the City Manager to apply for and sign all documents with Florida Department of Transportation (FDOT) State Safety Office associated with the grant acceptance and grant agreement in the amount of $15,000, subject to the approval of the City Attorney for the Boynton Beach Occupant Protection & Child Passenger Safety Program apply for and sign all documents with Florida Department of Transportation (FDOT) State Safety Office associated with the grant acceptance and grant agreement in the amount of $15,000, subject to the approval of the City Attorney for the Boynton 10 Meeting Minutes City Commission Meeting Boynton Beach, Florida October 16, 2018 Beach Occupant Protection & Child Passenger Safety Program. D. PROPOSED RESOLUTION NO. R18-151 - Authorize the City Manager to sign all documents with Florida Department of Transportation (FDOT) State Safety Office associated with the grant acceptance and grant agreement in the amount of $22,000, subject to the approval of the City Attorney for the Boynton Beach Impaired Driving Enforcement Program. E. Approve the issuance of an annual blanket purchase order to Johnson Controls Fire Protection utilizing the Sourcewell a/k/a NJPA Contract #031517 -SGL with an estimated annual expenditure of $60,000 for alarm/sprinkler monitoring, inspections, and services/repairs. The procurement process satisfies the City's competitive bid requirements. F. Approve the bid for "ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES" # 040-1412-18/MFD to the following three (3) companies Ferguson Enterprises, Fortiline Inc. and Core & Main on a primary, secondary and third vendor basis to the lowest, most responsive, responsible bidders who met all specifications with an estimated annual expenditure of $85,000. G. Approve the purchase of one (1) replacement pavilion at Sara Sims Park utilizing the HGAC Buy Contract with the Huston -Galveston Area Council for $26,554.75. The Huston -Galveston Area Council's procurement process satisfies the City's competitive bid requirements. H. Accept the Fiscal Year 2017-2018 Budget Status Report of the General Fund and the Utilities Fund for the eleven (11) month period ended August 31, 2018. I. 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 October 16, 2018 - "Request for Extensions and/or Piggybacks." J. Legal Expenses - September 2018 - information at the request of the City Commission. No action required. K. Approve the minutes from City Commission meeting held on September 20, 2018. Motion Commissioner Casello moved to approve. Commissioner McCray seconded the motion that unanimously passed. 11 Meeting Minutes City Commission Meeting Boynton Beach, Florida October 16, 2018 7. BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION R18-152 - Approve utilizing City of Boca Raton, Florida Bid No. 2016-071 with Action Labor Management, LLC d/b/a Staffing Connection of West Palm Beach, Florida, for School Crossing Guard Service, in an estimated annual cost of $390,000 and authorize the City Manager to sign an Agreement with Action Labor Management. The City of Boca Raton's procurement process satisfied the City's competitive bid requirements. Mayor Grant read proposed Resolution R18-152. Motion Commissioner McCray moved to approve. Vice Mayor Romelus seconded the motion. Commissioner McCray commented many crossing guards approached him saying they are the lowest paid in the County. He asked if this would result in an increase in wages. Michael Gregory, Police Chief, responded it would increase their hourly rate. Currently they are paid $12.56 an hour with a three-hour minimum per post per day. With the piggyback contract, they will be paid $20.19 an hour, but only two hours per post per day, starting once the contract is signed. Vote The motion passed unanimously. B. Award Bid No.: 035-2510-18/IT, "Metal Containers and Roll Offs" to Iron Container of Miami, FL, as the lowest responsive and responsible bidder for an estimated annual expenditure of $150,000. The bid is for a two-year period beginning on date of award and can be renewed for three (3) additional one-year terms. This bid will be utilized on an "As Needed Basis". Mayor Grant presented the item as noted above. Motion Commissioner McCray moved to approve. Commissioner Casello seconded the motion. Commissioner McCray asked what is done with the old containers. Andrew Mack, Director of Public Works, responded typically, they repair the old containers, but when they can no longer be salvaged, they sell it for scrap metal to Riviera Beach and get money back. The revenue is placed in Sanitation Solid Waste Fund. Commissioner McCray asked how much was received for fiscal year 2018. Mr. Mack advised he will provide the figure. lift Meeting Minutes City Commission Meeting Boynton Beach, Florida Vote The motion unanimously passed. 8. PUBLIC HEARING October 16, 2018 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. PROPOSED ORDINANCE NO. 18-028 - FIRST READING - Approve the Cottage District Alley Abandonment (ABAN 18-001) allowing abandonment of the unimproved 15 -foot wide alley running east / west from Seacrest Boulevard to NE 1st Street, between NE 4th Avenue and NE 5th Avenue. Applicant: Michael Simon, CRA Executive Director. Shanna Bridgeman, Assistant City Attorney, read proposed Ordinance 18-028 by title only on first reading. Motion Vice Mayor Romelus moved to approve. Commissioner McCray seconded the motion. Mayor Grant pointed out the alleyway is in the Cottage District. Vote City Clerk Pyle called the roll. The motion passed 5-0. B. PROPOSED ORDINANCE NO. 18-027- SECOND READING - Approve Arden Park abandonment (ABAN 18-002) allowing the abandonment of the unimproved, 10.2 -foot wide alley running north / south from NE 9th Avenue, for a distance of approximately 148 feet, to the south end of Lot 2 of the Robert Wells' Subdivision, between NE 3rd Street and Railroad Avenue. Applicant: Michael Simon, CRA Executive Director. Shanna Bridgeman, Assistant City Attorney read proposed Ordinance 10-87 as noted above. Motion Vice Mayor Romelus moved to approve. Commissioner McCray seconded the motion. 13 Meeting Minutes City Commission Meeting Boynton Beach, Florida October 16, 2018 Vote City Clerk Pyle called the roll. The motion passed 5-0. B. PROPOSED ORDINANCE NO. 18-023 - THIRD READING - Approve Ordinance for NE 1St Avenue Abandonment (ABAN 18-003) abandoning a portion of the improved 45 foot wide right -of way running east / west from NE 1st Street, for a distance of approximately 447.09 feet, towards Seacrest Boulevard. Applicant: City of Boynton Beach. Assistant City Attorney Bridgeman read Proposed Ordinance No. 18-023 by title only on first reading. Motion Commissioner McCray moved to approve. Vice Mayor Romelus seconded the motion. Vote City Clerk Pyle called the roll. The motion passed 5-0. D. Approve McDonald's Restaurant Conditional Use and Major Site Plan Modification (COUS 18-006 / MSPM 18-008) consisting of the construction of a 4,490 square foot fast food restaurant and associated site improvements at 1701 S. Congress Avenue in the C-3 (Community Commercial) zoning district. Applicant: Edward Ploski, Corporate Property Services, Inc. (Applicant requests that item be tabled to November 7, 2018) Motion Vice Mayor Romelus moved to table to November 7, 2018. Commissioner McCray seconded the motion that unanimously passed. E. PROPOSED ORDINANCE NO. 18-029 - FIRST READING - Approve 1320 S. Federal Highway Future Land Use Map Amendment (LUAR 18-001) from Office Commercial (OC) to Mixed Use Low (MXL). Applicant: Exsorro One, Inc. PROPOSED ORDINANCE NO. 18-030 - FIRST READING - Approve 1320 S. Federal Highway Rezoning (LUAR 18-001) from C-1, Office Professional to MU -1, Mixed Use 1. Applicant: Exsorro One, Inc. Assistant City Attorney Bridgeman read Proposed Ordinances 18-029 and 18-030 by title only on first reading. 14 Meeting Minutes City Commission Meeting Boynton Beach, Florida October 16, 2018 Items E will be heard together. Attorney Bridgeman administered an oath to all those intending to testify. Bradley Miller, representing the applicant, first thanked Commissioner Casello for his work in the City, commenting there has been an improvement with him on the dais. It was a pleasure working with him. Commissioner Casello responded Mr. Miller has been a professional in his presentations and he made decisions easy on projects he brought forward. He appreciated his explaining what needs to be known. Mr. Miller advised the site is located on the northeast corner of Federal Highway and Riviera Drive, the site of the old IHOP. The property is cleared and undeveloped. The site abuts the Colonial Center to the north, and there are single-family homes along Riviera Drive to the east. The Snug Harbor Condominium community is to the south, and One Boynton, or the former Las Ventanas, is southwest and across the road is Dunkin Donuts. They were requesting a change to the land use and rezoning, which follows the CRA Redevelopment Plan, to designate the site as a Mixed Use (MU) Medium land use, but because of its size, they had to drop it to MU Low. It is still a mixed-use proposed use, consistent with the CRA plan. Visuals reflected the Future Land Use Map (FLUM) and the site, which is located within the Office Commercial (OC) designation. The CRA Master Redevelopment Plan calls for MU Medium and the developer is proposing MU Low. The existing zoning is C-1, a Commercial Designation also for office development and they proposed a MU 1 designation. Mr. Miller explained the change was due to the property already having an office development designation and they were proposing an office development with a mixed use with some retail. The CRA Redevelopment Plan includes an incentive to push buildings closer to the street, creating more pedestrian -friendly development along Federal Highway, and having hidden parking behind the buildings, which is what was proposed. The site plan showed a three-story building along Federal Highway, having just under 11,000 square feet, with 32 parking spaces on site and 13 on -street parking spaces on Riviera Drive, which was encouraged by staff. Mr. Miller advised there were questions about drainage at the Planning and Zoning meeting. Currently there is no drainage system at all. The project will include a drainage system under the parking lot directing the water to a catch basin and into an exfiltration trench. The permitting process is one of the more regulated components of development as three agencies review the drainage system. The requirement is the project would have no impact on adjacent properties. There will be 16 feet of pedestrian space in the front with 11 feet of it covered by the second and third floors. There will be covered canopy areas and they will resurface Riviera Drive and provide parallel spaces. Images of the elevation and the east elevation (back) side of the building were viewed. Retail was on the ground floor. The principal tenant for most of the building was a dermatologist. The lobby area on the ground floor will be an art museum featuring a collection owned by the doctor. Due to the design and the architecture with glass windows nearly on all side, pedestrians can see the art all the 15 Meeting Minutes City Commission Meeting Boynton Beach, Florida October 16, 2018 time from the sidewalk areas. The second and third floors are medical office space. There is also a rooftop terrace that can be used for meditation and/or yoga as part of medical office treatment. Mr. Miller noted the height exception, which was tabled, allows for mechanical equipment above the maximum height for elevator shafts and stairwells to get to the rooftop, which will be discussed more at the second reading. AW Architect put the drawings together and Mr. Miller thanked City staff for suggesting they submit a rendering of what the development looked like. He noted when the landscape fills in the space, it complements the building's design. A very brief video was viewed. Mr. Miller believes the project meets the CRA goals of having a mixed use. It retains an existing business and places a nice building on a parcel that was vacant. Vice Mayor Romelus liked the open stairwell concept as it pertained to safety and she thought it was a good element to have. Mayor Grant opened Public Comment. Linda Morton, 641 Riviera Drive, President of Colonial Center Condo Office Association, asked about the width of the street as the drawing showed parking on both sides. She noted the street is narrow and can barely accommodate two cars going down the street. She asked how far the road will encroach on Snug Harbor or the existing property to make the road available for four vehicles with the cars. She also asked about the height exception. She asked how often roof space would be used and if there will be parties or night time activities as sound travels along the water. She further asked if the entrance to the parking lot for the property is set up to allow a commercial vehicle to maneuver into the parking lot at Riviera Drive is a real tight turn for many commercial vehicles. If the vehicles cannot turn adequately, it would create traffic on Riviera Drive. No one else coming forward, Public Comment was closed. Mr. Miller explained there is pavement on Riviera Drive and a 50 -foot area outside the pavement that is considered the right-of-way. The proposed parking and the reconstruction of Riviera Drive will be in that 50 feet so there will be no encroachment on the project site. The road width is 22 or 24 feet, which is the minimum width and the parking spaces are on the outside of that. It meets all regulations for the required cross section. As for the rooftop, the project is a business and not intended for late night parties. The rooftop would be used for quiet time for the doctor's patients and employees during business hours. As for trucks and vehicles maneuvering for fire and emergency access, the vehicles can make it through which would also accommodate commercial vehicles. Mayor Grant requested a motion to approve Ordinance 18-029 Motion Vice Mayor Romelus moved to approve. Commissioner McCray seconded the motion. 16 Meeting Minutes City Commission Meeting Boynton Beach, Florida Vote City Clerk Pyle called the roll. The motion passed 5-0. Mayor Grant requested to approve Ordinance 18-030 Motion October 16, 2018 Vice Mayor Romelus moved to approve. Commissioner McCray seconded the motion. Vote City Clerk Pyle called the roll. The motion passed 5-0. Motion Vice Mayor Romelus moved to table the items to November 7th. Commissioner McCray seconded the motion that unanimously passed. F Approve 1320 S. Federal Hwy. Office Building Major Site Plan Modification (MSPM 18-009) to construct a 10,898 square foot structure and associated site improvements. Applicant: Exsorro One, Inc. (Item should be heard but tabled to November 7th so that final action is taken concurrent with final action taken on the corresponding ordinances) G. Approve 1320 S. Federal Hwy. Office Building Height Exception (HTEX 18-001) to construct an office building in a MU -1 (Mixed Use 1) zoning district with architectural features up to 54'-10" in height, 9'-10" above the maximum allowable height. Applicant: Exsorro One, Inc. (Item should be heard but tabled to November 7th so that final action is taken concurrent with final action taken on the corresponding ordinances) I. PROPOSED ORDINANCE NO. 18-024 - SECOND READING - Approve Good Stone townhomes annexation (ANNEX 18-001) Applicant: Good Stone, LLC. Attorney Bridgeman explained there were three Ordinances associated with this item. She read proposed Ordinance 18-024 by title only on second reading PROPOSED ORDINANCE NO. 18-025 - SECOND READING - Approve Good Stone Townhomes Future Land Use Map Amendment (LUAR 18-002) from Palm Beach County's Commercial High with a maximum density of 5 dwelling units/acre (CH/5) to Special High Density Residential (SHDR). Applicant: Good Stone, LLC. Attorney Bridgeman read proposed Ordinance 18-025 by title only on second reading. 17 Meeting Minutes City Commission Meeting Boynton Beach, Florida October 16, 2018 PROPOSED ORDINANCE NO. 18-026 - SECOND READING - Approve Good Stone Townhomes Rezoning (LUAR 18-002) from Palm Beach County's Commercial General (CG) to Infill Planned Unit Development (IPUD). Applicant: Good Stone, LLC. Attorney Bridgeman read proposed Ordinance 18-026 by title only on second reading. Mayor Grant requested a motion on Ordinance 18-024. Motion Vice Mayor Romelus moved to approve. Commissioner Casello seconded the motion. Mr. Miller commented the team was present and explained the project is a small parcel on Federal Highway consisting of a third of an acre. Waterside was to the north of the site, a single-family residential development was to the east, Tradewinds was to the south east, Seaborne Cove was to the west and Bayfront was on the west side of Federal Highway. They are requesting four items. One was annexation to bring the property into the City. It is currently in unincorporated Palm Beach County and when annexation occurs, the City applies a land use designation that is appropriate for the site. They are requesting a special high-density residential land use having 20 dwelling units per acre and IPUD zoning which was established to give small parcels flexibility. Visuals reflected areas around the subject site that are still in unincorporated Palm Beach County. The current designation is commercial high density and the current zoning in the County is General Commercial. (Vice Mayor Romelus left the dais at 8:06 p.m.) The site plan reflected four units for townhomes. Access would be off Chukker Road between Waterside and the subject site. There are about 12 homes to the east that the roadway serves and the driveway would enter the development. The end units have a single -car garage. The three-story units are a little over 2,800 square feet, having three bedrooms. The two internal units have a two -car garage, having just over 3,000 square feet and have the potential for four bedrooms. They planned the project to have five units although the density permitted up to six and settled on four units to accommodate residential and guest parking. There are a total of 12 parking spaces including the garages and six surface parking spaces that are related to the units themselves. The IPUD requires a minimum of 1,000 square feet of recreational area. The developer proposed over 1,400 square feet of recreational area with a boardwalk, open space, a trellis and bbq grill that backs up to the canal. The northeast part of property is drainage. Mr. Miller noted the site is undeveloped and there were discussions about drainage on Chukker Road, which has come to be known as Lake Chukker. The road is small and as people drive, the water seeks the lowest level. The development will address drainage. They will widen Chukker Road, which currently has 13 feet of pavement and will resurface iiR] Meeting Minutes City Commission Meeting Boynton Beach, Florida October 16, 2018 that area of Chukker Road along the property frontage to transition into the existing pavement and provide better access for a two-way road when approaching from Federal Highway. (Vice Mayor Romelus returned to the dais at 8:10 p.m.) The drainage problem will be resolved by making the improvements. Residents will be able to use the existing driveway, which enters Waterside and the project site. Residents spoke about trucks using the street and the improvements would provide the opportunity to turn around by making a three-point turn using both driveways that fit in the community. (Commissioner McCray left the dais at 8:13 p.m.) The three-story units are in a Mediterranean design to be compatible to the southern area on Federal Highway. Waterside, Seabourn Cove and Bay Front have similar architectural components. The floor plans and landscape plans were viewed and there was a request from the Planning and Development Board to include more plant material to attract butterflies, which was featured in the Palm Beach Post. (Commissioner McCray returned to the dais at 8:15.) Mr. Miller commented they would include more plants, but if they get too carried away with the butterflies attracting plans, they should remember butterflies come from caterpillars that eat plants, which warranted consideration during the permitting process. The developer was asking approval to annex the property into the City. There was discussion of ownership of Chukker Road. Mr. Miller and Colin Groff researched and learned the County owns the road, but years ago the road maintenance was conveyed to the property owners along the street. Mr. Groff had some ideas to entice property owners to annex into the City and assist with some of the maintenance program. Commissioner McCray inquired if the City provides police and fire services and learned they did not. The City only provides those services in a life threatening emergency through the City's interlocal agreement with the County. Commissioner McCray thought if annexed, it would behoove the City to annex the road. Mr. Groff agreed. Commissioner Katz asked about the disposition of the road, if residents agreed to be annexed, and if the City would take over the road. Mr. Groff responded they would work with residents if requested. They would see if there was a way to make sure the road meets standards for public safety. Currently, the road is not adequate for public safety vehicles, except in an emergency and they may incur damage driving down the streets. Commissioner McCray reiterated his thought it would be better for the City to annex the road. Lori LaVerriere, City Manager, explained they would still research how to do so and the City is very interested in doing so. It will be a future discussion. Commissioner McCray wanted to approve the application, but wanted to do so with the condition it be 19 Meeting Minutes City Commission Meeting Boynton Beach, Florida October 16, 2018 annexed in the City. Ms. LaVerriere was unsure it could be made a condition, but there was consensus those efforts would be made. Mayor Grant advised annexation of Chukker Road would be an item on a future agenda. Mayor Grant requested a motion to approve Ordinance 18-024. Motion Commissioner Casello moved to approve. Commissioner McCray seconded the motion. Vote City Clerk Pyle called the roll. The motion passed 5-0. Mayor Grant requested a motion to approve Ordinance 18-025. Motion Commissioner Casello moved to approve. Vice Mayor Romelus seconded the motion. Vote City Clerk Pyle called the roll. The motion passed 5-0 Mayor Grant requested a motion to approve Ordinance 18-026. Motion Commissioner Casello moved to approve. Vice Mayor Romelus seconded the motion. Vote City Clerk Pyle called the roll. The motion passed 5-0. Approve Good Stone Townhomes New Site Plan (NW SP 18-001) to allow construction of a multi -family residential project consisting of four (4), three- story townhomes totaling 12,180 square feet and related site improvements, located on the southeast corner of Federal Highway and Chukker Road. This request is in coordination with applications for Annexation, Future Land Use Amendment, and Rezoning. Applicant: Good Stone, LLC. Motion Vice Mayor Romelus moved to approve. Commissioner Casello seconded the motion that unanimously passed. 20 Meeting Minutes City Commission Meeting Boynton Beach, Florida 9. CITY MANAGER'S REPORT October 16, 2018 A. At the request of Commissioner Casello, discuss options for the future use of the Tennis Center. Commissioner Casello advised it came to his attention during the budget hearings that the Tennis Club is a losing about $100,000 a year. He wanted to do something similar to when the golf course was losing money and review the fee structure. He noted the Golf Course is an enterprise fund, meaning it pays for itself. He was not proposing to do away with the Tennis Club, only that it be self-sufficient. Mayor Grant commented the Tennis Center is next to Barrier Free Park, and the park does not pay for itself because it is a park and a recreational activity. The City is helping to defray the cost of maintaining the Tennis Center, and he thought it was wonderful. It is for local people playing so they can play in leagues and he noted Boynton Beach does not have a tennis stadium like Delray Beach. He wanted to discuss, as a future agenda item, his discussion with school principals as he thought the City should leverage the facility with students. He favored allowing staff to adjust the fees as needed with different rates for summer vs winter for daily use, but he was not in favor of doing much else. Commissioner Casello pointed out they are losing $100,000 a year, and he was only asking to review the fee structure to make the Center pay for itself. Currently it is a like a private club. He thought the City has some of the best courts noting it is a high tech court with a high maintenance cost to the City. Wally Majors, Recreation and Parks Director, explained the City has daily use fees and individuals have the option to purchase an annual permit that lets them use the courts without the daily fee. Last fiscal year, there were 77 annual permits sold to residents and 65 for non-residents. It is a public facility, and last fiscal year, over 3,200 players used the facility as part of daily use. Commissioner McCray did not mind looking at the fee structure, but did not want the fee to price out the facility and further asked if there was a way to reach out to citizens, advertising it is a public center. He asked how the City advertises the facility and learned it was through Funfare, press releases and social media to let them know the facility is there. Mr. Majors noted the popularity of the sport varies from year to year. If American tennis players are doing well, the popularity of the sport increases and so does the use of the facility. The courts have a hard true surface, which is common and ideal for tennis courts and that is why the Center is popular. It is high maintenance and it does require daily grooming. It is a softer surface and during the summer is more forgiving with the heat. Commissioner McCray asked when the City put the lights up and learned they were installed about four years ago. There was extensive damage after a hurricane and some of the lights were due to be replaced anyway so they were replaced sooner. The first 21 Meeting Minutes City Commission Meeting Boynton Beach, Florida October 16, 2018 phase of the facility was constructed in 1982 and the final phase was completed in the early 1990s. Commissioner McCray asked about the life expectancy of the lights and was advised they should last another 20 or 30 years, barring any hurricane damage. The courts have to be resurfaced a bank of four to eight courts every two to four years, which was standard. The cost of the lights was around $100,000. He liked Mayor Grant getting with school principals so students could use the courts. Commissioner Casello asked what funds came out of the capital improvements budget for improvements for the Tennis Center. Colin Groff, Assistant City Manager, did not think there were any improvements at the Tennis Center. Commissioner Casello asked if anyone approached the school about using the Sara Sims Park Tennis Courts. Mr. Majors explained it is challenging when dealing with schools regarding off campus activities. Most of the students would have to be bused to the tennis courts or come after school. Commissioner Casello reiterated the City is running a private club costing the City $100,000, plus the maintenance costs and wanted the fees restructured. Commissioner McCray asked if there were tennis courts at Sara Sims. Mr. Majors responded there was before the playground was installed 11 years ago, but they are no longer there. B. Commission discussion on Building Board of Adjustment and Appeals process and the City's Land Development Regulations as related to awnings. City Manager LaVerriere advised the City will make a brief presentation based on comments and requests the Commission received at the last Commission meeting. They will review the Ordinance related to the awnings and the process for the Building Board of Adjustment and Appeals (BBAA) applications. Mr. Groff explained they will discuss the time -frame and cost for the BBAA, and then they will discuss awnings and the land use regulations. He noted there are several sections in the Code that deal with the BBAA and pointed out this pertained to building code issues only. The Building Official reviews building plans and adheres to the Building Code. If the Official asks for something and denies the permit, the denial can be appealed by the contractor to the BBAA. The process is set up by State Statute and not by the City. Contractors can appeal the building official's interpretation of the Code, appeal to consider an alternative method, or if the Code is applicable to the process. In the last three years, there were two appeals. One appeal pertained to the City deeming a building as unsafe. The owner appealed, both arguments were heard, and the process went on. The other was a permit that expired and the owner wanted to continue using it, so he appealed to the Board for an extension. 22 Meeting Minutes City Commission Meeting Boynton Beach, Florida October 16, 2018 Commissioner McCray asked about the awning at 504 NW 12th Avenue, behind the Cherry Hill Mart. Shane Kittendorf, Building Official, explained the building is a two-story multi -family residential building. The owner went through the extension process, which was granted and was able to convert the home from an unsafe condition to a habitable home, passing all City and final inspections. It was noted the City was moving towards demolition, but the owner appealed to the BBAA. Commissioner Katz asked if this issue is not widespread throughout the business community or residences in the City. Mr. Groff explained the City's job is to help people do things they want on their property. In most cases, staff finds solutions in the Building Code. There are suggestions, but some design professionals can assert the Building Official is not using the right interpretation. In most instances, the City can reclassify about 70% of the building, which reduce building requirements and professionals in the industry can determine whether it is worthwhile to appeal or not. There was a complaint about the time it takes to process appeals and it was noted the applicant has up to 30 days to appeal after a permit is denied and the City has up to 30 days to schedule a meeting. Mr. Groff explained it can take 60 days, but if the applicant desires, it could be heard in two weeks. Staff can move much faster if the applicant works with them. The time it takes for staff to review will vary depending on complexity of the issue. It is up to the applicant how long the process takes. The cost to appeal is around $285 and if more complicated, can be up to $1,200. The City is not recovering its full cost, but is trying to recover partial cost, which is the direction staff received. Mr. Groff noted the City's fees are comparable to surrounding cities. The recommendation is the appeals process is good although it is not used very often because staff works with applicants to solve problems. Staff recommended maintaining the appeals fee even though the City does not recoup its costs because it is the right thing to do. One question raised was why the process was not posted and a suggestion was made to create a poster advertising the appeals process and for staff to inform contractors about the option and how to complete the process quickly. The process is decent and big issues do not arise very often. Commissioner McCray used to hear the Building Department was not friendly. He thought if there is a process in place, it should be used and the Building Department should be a little more friendly. Mr. Groff explained there will be improvements in the process. They will bring in contractors and developers to brainstorm how the process could be improved and already had some great meetings. Commissioner Casello asked if the applicant appealed to the Board, if the Board could agree with the applicant and learned they could. Commissioner Katz requested and received confirmation if a business owner appealed to the Board and was a member of the Board he/she would recuse him/herself. He noted the three-year snapshot of Board activity showed it is not a significant issue among the business community and staff engaging with the development community was a testament to staff as it would set a 23 Meeting Minutes City Commission Meeting Boynton Beach, Florida October 16, 2018 dangerous precedent to change codes and fees for one individual. As long as staff is proactive and working within the system, he thought all should remain the status quo. Vice Mayor Romelus agreed with Commissioner Katz and thought it was always beneficial to look to see what can be improved. Mayor Grant appreciated all the Building staff does. He asked what happens if it is something minor such as designs or colors and learned those follow a different process as colors are not in the Building Code. Mr. Groff explained the Land Development Regulations (LDRs) are flexible and designers have the flexibility to design what their owners want. The City Commission approved a few site plans with profiles and one profile had awnings, which come to the Board as part of the site plan. The City Commission approves all the new construction plans that meet the LDRs.. There are general design standards. If something occurs after the site plan is approved, staff can approve it administratively as long as it is compatible with the surrounding area. Awnings must be proportionate to the scale of the building. Colors of canopies should be compatible and all changes should be complimentary. There is a relief process called a Community Design Appeal, (CDA), which the City Commission also votes on and staff adheres with although it is rare a CDA would occur after a site plan is approved. Once a project is built and there is a standard set by the Board, staff can make administrative changes compatible with the standard. In this instance, this original site plan had no awnings. The first site plan set the model for the building. The second plan came in and needed to be compatible. Examples of different awnings were viewed and staff would like to keep the Code flexible. (Commissioner Case/lo left dais at 8:53 p.m.) Mr. Groff explained there are options. The City could keep the Code and they can tweak as needed; amend it to eliminate the Codes; or have a very rigid objective Code. Commissioner McCray commented what the City has will work. If someone has something different that does not meet the specifications, he asked if staff meets with the party without being hostile and discuss what they can offer. He did not support changing anything because of one complaint. Mayor Grant thought having the knowledge of how to appeal and how to do that after the fact was important, as well as working to have architectural expressions. (Commissioner Casello returned at 8:56 p.m.) Mayor Grant noted the mixed-use projects such as on 1320 S. Federal Highway and Riverwalk, the City were similarly -styled buildings and he did not want them all to be the same. He noted there is a Conrad Pickel building with stained glass, which may not be up to Code. He would like to see the Code be able to accommodate something unique. He asked if signs were included in the CDA process and learned they was covered by the 24 Meeting Minutes City Commission Meeting Boynton Beach, Florida October 16, 2018 Sign Ordinance. Mr. Groff thought there could be another appeal process within the Sign Ordinance and favored seeing the Sign Ordinance review expedited and not changing what was worked out regarding awnings. There were no other comments from the Commission. 10. UNFINISHED BUSINESS - None 11. NEW BUSINESS A. PROPOSED RESOLUTION NO. R18-152 - Approve and ratify the reopened and amended Articles: Wages, Insurance, and Pension of the Collective Bargaining Agreement between SEIU Florida Public Services Union, CTW, CLC - Blue Collar Unit and the City. Motion Commissioner Katz moved to approve. Commissioner McCray seconded the motion that unanimously passed. PROPOSED RESOLUTION NO. R18-153 - Approve and ratify the reopened and amended Articles: Wages, Insurance, and Pension of the Collective Bargaining Agreement between SEIU Florida Public Services Union, CTW, CLC - White Collar Unit and the City. Motion Commissioner Katz moved to approve. Commissioner McCray seconded the motion that unanimously passed. C. PROPOSED RESOLUTION NO. R18-154 -Authorize the City Manager to sign a State Grant Agreement with the Florida Department of Environmental Protection (FDEP) for an Alternative Reclaimed Water Supply Project for a reimbursement amount of up to $250,000. Motion Commissioner Katz moved to approve. Commissioner McCray seconded the motion that unanimously passed. 12. LEGAL A. PROPOSED RESOLUTION NO. R18-155 - Approve Agreement for Special Magistrate Services and Authorize the City Manager to sign an Agreement for 25 Meeting Minutes City Commission Meeting Boynton Beach, Florida Motion October 16, 2018 Special Magistrate Services with Carol Ellis, Esquire to be used on an alternate basis. Commissioner Katz moved to approve. Commissioner McCray seconded the motion that unanimously passed. B. PROPOSED ORDINANCE NO. 18-031 - 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 advocacy and lobbying. Commissioner Casello requested this item be tabled. He commented this item was discussed at the last meeting and the vote to advance it to first reading passed by a 3 to 2 vote. He thought with his seat being vacated possibly on the second reading, the Ordinance could have a split vote and die for lack of a majority vote. He thought it was an important Ordinance for the City and for transparency, and he supported it to be vetted by a full Commission. He requested the Commission table the item. Motion Commissioner McCray moved to table. Mayor Grant suggested since the Ordinance requires a second reading, they hold a special meeting with a full Board the last week in October as doing so would satisfy the ten-day requirement for a second reading. Mayor Grant noted there was a motion to table and asked if anyone seconded the motion. Commissioner Katz asked if the Commission passed the Ordinance on first reading, if they could schedule a special meeting for the second reading and learned they could. Commissioner McCray wanted to table the item because when they asked the City Attorney for information if other cities were enacting anything similar, Attorney Cherof did not provide it. Attorney Cherof only brought back what the Palm Beach County Commission on Ethics had. Commissioner McCray favored tabling the item until information what other County municipalities had on their books was provided. Commissioner Casello asked if the Commission voted on the Ordinance at this meeting, if the vote on second reading could be delayed until his seat was filled and learned it could. Commissioner Katz supported moving forward with the item and commented how other municipalities handled the issue would not affect his decision. Commissioner McCray U61 Meeting Minutes City Commission Meeting Boynton Beach, Florida October 16, 2018 commented some Commission members wanted the information as well and he supported tabling the item until it was received. Attorney Bridgeman advised there was a motion to table. Motion Commissioner Casello so moved. Commissioner McCray seconded the motion. Commissioner Casello withdrew his motion to table with the caveat with the second reading to take place when his seat was filled. It was explained the two options were to withdraw his motion to table or the Commission will vote on whether to table. Commissioner Casello wanted to bring the issue to vote and withdrew his motion to table. Vice Mayor Romelus queried if they vote on the Ordinance on first reading if there was a time limit on when a vote on second reading had to take place. Attorney Bridgeman explained the Commission could decide when second reading would take place. Staff would be given direction at this meeting when the second reading would occur. If the direction is the second reading would occur when there is a full board, the Commission should direct staff to do so and staff would place it on the agenda when there will be a full Board. The item is on the agenda because staff was directed to put it on the agenda for this meeting. Attorney Bridgeman read Proposed Ordinance 18-031 by title only. Commissioner Casello asked the second reading of the Ordinance be delayed until a full Commission was present. He was asked if he supported scheduling a special meeting before he would vacate his seat and Commissioner Casello responded he would. Vice Mayor Romelus wanted to confirm Commissioner Casello was requesting to reconvene the entire board forjust one item. Commissioner Katz responded if the majority wanted too. Mayor Grant commented after reviewing amendment 12 prohibiting any public official that is elected from lobbying for six years up to their leave date, it kind of moves forward with the City's different advisory boards as they are appointed officials and they have to adhere to the Sunshine Law. They are put in a position of public trust and to be able to lobby the Commission they are making a recommendation to, did not make sense to him because they could end up taking money. They can advocate for one week, and take money and lobby the second week, which he did not think was the right thing for the City. Commissioner Katz agreed it closed a loophole. He thought asking the average person if they believe someone should be able to, in an official capacity, advise a Board and then subsequently vote to make recommendations, only to then personally benefit through monetary payment to lobby for the same entity, was a loophole that right now does not 27 Meeting Minutes City Commission Meeting Boynton Beach, Florida October 16, 2018 already exist, but it provides a service and it treats residents to an additional layer of ethics and accountability. David Katz, 67 Midwood Lane, commented to Commissioner Romelus, if you take the time to have a special meeting on this one ordinance before Commissioner Casello leaves, it was a pretty obvious move what she was trying to do. Mr. Katz thought it was obvious what was occurring at the meeting as there wasn't a person in the room, staff member or member of the City Commission, that does not know why Mr. Casello wants the ordinance. He commented the act of weaponizing an audience against one person started in August 2017 over the Red Light Camera program, which he had on his calendar. The program had nothing to do with the Planning or Development Board he serves on as a volunteer. It is a matter of record on how vocal Mr. Casello was in his opposition to the Red Light Camera program and how insistent he was at the end of the meeting in demanding to have a future agenda item placed to address the issues similar to the ordinance before the Commission tonight. Mr. Casello has insisted the issue is not personal against Mr. Katz, but an attempt at transparency. Mr. Katz suggested pulling back the curtain and have a totallook. It is well known how emphatically and determined Mr. Casello worked to prevent a new Police Station from being built at the High Ridge site. He was quite indignant and persisted it all could be placed there instead and he knew of an interested party. He voted no on any and all motions concerning that site for the Police Station. Mr. Katz was unable to find anywhere that Mr. Casello disclosed he received thousands of dollars in campaign contributions from the entity and their representatives wanting to acquire the High Ridge site. Campaign reports reflect an approximate total of $9,000 over time. Mr. Katz did not think Mr. Casello was very transparent. Mr. Katz explained he was engaged by the architect to assist with the 211 E. Ocean project and Mr. Casello worked himself up to a conniption fit and questioned why he was not contacted and his position was mired in concrete. He noted it did not bother Mr. Casello that he never spoke with him about the High Ridge site and Mr. Katz noted he would not have spoken with him because Mr. Casello was in agreement with what he was attempting to accomplish. He thought there was hypocrisy. Mr. Katz wanted to address comments made on the record by Commissioner Katz at the August 7, 2018, Commission meeting. Mayor Grant commented the Commission was not going back to the history of the issue. They are more or less asking about the Ordinance and he asked if he wanted to make any comments about the Ordinance. Mr. Katz read page 20 of minutes as follows: "When this was brought up a year ago, the issue was only added to any lobbyist on an advisory board. In recent months, the issues which have been lobbied are directly related and voted on by the advisory board. While this isn't a Q & A discussion that the Commissioner would factually reference, what issue he is referring to now or after you are done speaking, I would appreciate it. If an item existed and I was the lobbyist and it came before the Board I serve on, I would have been a:3 Meeting Minutes City Commission Meeting Boynton Beach, Florida October 16, 2018 required to recuse myself and to file the proper disclosure with the City Clerk before the meeting in question. Commissioner Katz went on to say that as it is also reflected in the minutes, if the issue was the votes being taken or recommendation of some financial implication such as from the Planning and Development, and I wanted to word the selected mention of that particular board as opposed to other boards, you go on to say the key terms, which was the optics of something was voted on from an advisory board and recommendation was made to the Commission, and members of the advisory board get paid to lobby this Commission, it does not look well." Mr. Katz agreed with Commissioner Katz's statement, and it would be highly improperly done. He believes the Palm Beach County Ordinance addresses the issue and if it doesn't, I'm sure an ethics complaint would be a reasonable remedy and that would be adjudicated properly. He asked what is the fire to be put out. Mr. Katz asserted Mr. Casello was creating a false narrative about possible optics. The needed requirements are already in place because of the existing Palm Beach County Lobbying ordinance which has covered the City of Boynton Beach since 2010." Earlier tonight Commissioner Katz sat down to speak about and on behalf of the School Board Tax. He did this as the CTA President of Palm Beach County. He's spoken like me on behalf of students and teachers. There is nothing wrong with that. The teachers' union is his employer and it is his job to lobby on behalf of the Teachers' Union's concerns. Commissioner Katz's desire to seek support from the Boynton Commission either by coming forward or resolution is reasonable. Commissioner Katz inquired if he requested the Board take any action regarding that or did he make a presentation. Mr. Katz explained what does not look well "is that your relationship with members of this Commission might influence their views in a positive response towards your cause as well as your serving another term as CTA President. No matter the outcome, it is paid lobbying, you are doing the job you are paid to do. Statistics are a good judge of legislation. The Palm Beach County lobbying ordinance as written covers thousands of people over a wide stretch of involvement. It has served the City of Boynton Beach since 2010. The Ordinance before you covers a possible 75 to 100 citizen volunteers who serve on various advisory boards. There is only one person who has ever registered as a lobbyist as far back as Mr. Katz could locate unless there are unpublished records and that's me. So for all who want to say this is not personal towards me, I award you five pinocchios. I ask that a majority of this Commission vote against a needless layer of legislation and not get caught in the undertow of one Commissioner's year-long grudge against me. Thank you." Commissioner Casello thanked Mr. Katz for his service on the Planning and Development Board and thought he did a great job. He also thanked him for all his past support. Susan Oyer, 140 SE 27th Way, wanted to reminded the Commission she sees the point in this and understood why the Commission was pursuing this, but pointed out the Palm 29 Meeting Minutes City Commission Meeting Boynton Beach, Florida October 16, 2018 Beach County Board of Ethics does cover this and the subject Ordinance is another layer of redundancy. She thought there are a lot of Board members and this could cause issues. She inquired who would serve on Boards if they are too afraid to speak to a Commissioner or their Mayor about anything because they are afraid of stepping over a line, which was her concern from day one. She is not a paid lobbyist, nor does she want to be a paid lobbyist, but Commissioners should ensure board members feel comfortable speaking with Commissioners. She thought the Ordinance hindered free speech and commented she has recused herself from issues in the past and several advisory board members have had to step back. There is a practice in place that is used. The members follow the rules and feared excessive amounts of governmental interference. She thought it was a needless layer of bureaucracy as it was already covered by the County regulations. Commissioner Katz commented on his presentation about the tax and pointed out he explicitly went out of his way to not request the City Commission take a position on a resolution for the exact reason he supports the Ordinance, which it would be uncouth if he requested the Commission vote on something he was advocating for in another capacity. During the presentation he made, at no point did he ask anyone to take a position, a resolution be put forward and no vote was taken. He receives no money to make the presentation. He is a teacher that supports teachers and if he was not a teacher, he supports public education. He thought the bottom line was the false equivalent was absurd. Someone who gets paid to come to the Commission meeting to advocate for a position and then a vote is taken is different from an informational presentation. With regard to the comments Mr. Katz referenced from last year, they sound exactly as he presented them. In the past, and at the prior meeting, Commissioner Katz pointed out the issue is not about the person, it is about an unethical activity that is enabled by a loophole that the Ethics Board does not cover when someone can literally become a lobbyist a day after they vote and make a recommendation and then lobby the Commission. It was a matter of timing and semantics that the Ethics Board does not cover what this Ordinance would. It does not create redundancy, it completes a loophole that exists. Commissioner Katz did state last year in recalling the minutes Mr. Katz quoted that when you did become a lobbyist for the Red Light Camera company, that he had no problem with that because the Planning and Development Board does not vote on Red Light Cameras and he did not see a conflict. He has no problem with anyone being a registered lobbyist and advocating to this Commission if it is not germane to any of the activities on the advisory board that they serve. Subsequent to the Red Light Camera lobbying job, Mr. Katz did secure two jobs as a paid lobbyist for two different development parcels, which he did vote on and advocate for from the position of the Board and then subsequently became a paid lobbyist. Commissioner Katz thought it was a matter of public record. He agreed 100% with Mr. Katz' comments. If someone on the arts board lobbies for a piece of development, that is different from someone on the Arts Commission being paid by an artist to make a recommendation for that artist to get business in the City. He agreed with Mr. Katz comments about what he had previously said. Commissioner Katz commented a person cannot vote and We Meeting Minutes City Commission Meeting Boynton Beach, Florida October 16, 2018 recommend something to this Board and a day later become a registered lobbyist and get paid to push that position forward. It creates an optic situation that looks uncouth. The only reason why it is not already illegal is because of the timing. If he registered as a lobbyist prior to the vote on a Board, they would be in violation of the County Ethics Law. If registered after the vote, they are not in violation. Commissioner Katz restated what he said earlier, it is not personal. It is not about Mr. Katz, it is about an action before any law that has ever been created by the history of mankind. Someone had to do something to make people think that is not right and then the law was created. Laws and rules are not created if nobody has done something that they think violates a standard that should exist. Commissioner Katz agreed with a lot of what Mr. Katz said and Commissioner Katz supports the Ordinance. He was surprised Mr. Katz did not support the Ordinance and it seemed to be they were on the same page. Mr. Katz wanted to respond. Mayor Grant pointed out there would be a second reading and he would have another opportunity. Public comment was closed. Mayor Grant agreed there was an accusation and he could speak to the Commissioners afterward. Motion Commissioner McCray moved to open public comments. Vice Mayor Romelus seconded the motion. Commissioner Katz commented he would support it. Mr. Katz commented Commissioner Katz intimated he was hired by two subsequent companies after the Red Light Camera and those came before his Board and then he lobbied for them to the Commission. Commissioner Katz responded at some point in time, he voted or would have intended to vote on the properties, if Mr. Katz was referring to the High Ridge site, and it was Commissioner Katz's understanding he was a paid lobbyist with regard to the people in charge of trying to acquire that site. Mr. Katz responded that was correct, but it was before the vote of the Planning and Development Board and he supported the High Ridge Site going to the Police Department. Mr. Katz commented what Commissioner Katz said did not happen. The second issue was the Shovel Ready project. He pointed out the Shovel Ready project never came before the Planning and Development Board, that was where the Palm Beach Ordinance comes in and he would have to recuse himself. It never came before his Board where they or he voted on it and then come before the City Commission, but that was what Commissioner Katz said. Commissioner Katz commented that was what he believed. Mr. Katz commented that was not what happened. Commissioner Katz commented if he was incorrect, and Mr. Katz commented he was, Commissioner Katz suggested looking at the records. Commissioner Katz was pretty sure it came before the Board. Mr. Katz advised it did not. Commissioner Katz commented if he could prove otherwise, he recalled they voted to award that property and that Mr. Katz was on the Planning and Development Board for years. Mr. Katz commented there were votes to award the property, but nothing concerning the property came before the Planning and Development Board either as a member or, as the Chair 31 Meeting Minutes City Commission Meeting Boynton Beach, Florida October 16, 2018 ever, and if it had, he would have to recuse himself. He would not vote for it. Commissioner Katz thought this proved his point. Mr. Katz asked if Commissioner Katz could admit he was wrong saying what he said. Commissioner Katz responded he believed he was right until he sees evidence otherwise. Commissioner Katz conceded that if there is incorrect information he will correct it. Commissioner Katz felt Mr. Katz's position proves the need for the Ordinance as Mr. Katz had stated in the prior discussion, if he had to decide between the Board or being a lobbyist, he would choose one. He thought that was the ethical position to take. Commissioner Katz thought it was a matter of semantics and loopholes that allow people to advocate for something on a board and then vote on it later, or have voted on in the past and it leads to these situations. The Red Light Camera was not germane, but it is not proper for someone to advise this Commission, make votes and recommendations to the City Commission and then subsequently get paid, to then lobby and reinforce those positions. Commissioner Katz noted there was no way to avoid this being personal to Mr. Katz, but he simply feels it is a loophole that no one should be allowed to walk through. He did not understand how it could be opposed when it is clear it is a matter of timing. Commissioner Katz commented if he is incorrect, he will concede it at the point in time it is proven to him that he is incorrect. It is a loophole and an action that he did not believe should exist. Vice Mayor Romelus expressed accusations should be substantiated with proof. She thought if allegations were being insinuated, she had asked the question when the discussion first arose, were there instances that this had happened and she has yet to see that. She thought it was Commissioner Katz' responsibility to bring the facts before the Board, which perhaps could be done for second reading. Vice Chair Romelus agreed with Ms. Oyer, the Ordinance is redundant and not necessary, but what she wanted to ask, since it seemed there may be a slight majority in favor of supporting the Ordinance, is that they strike the term "advocate", because what the individuals who support the Ordinance are really pushing for is the paid portion of it: the lobbying portion. The Ordinance should not put people in fear of speak with their Commissioners or Mayor whether or not they come before the Board because they are either just concerned or they are a resident. Regardless of the role they have taken on as a Board volunteer, they should be able to advocate and speak to City Commission. If they are lobbying and getting paid for it, it is one thing, but to just talk to a Commissioner or elected official and advocate for something they support or oppose should not be against the law. That would be the only amendment she would make to the Ordinance if it has to pass. Commissioner McCray commented when they had the Commission on Ethics four-hour class last week, he noted two Commissioners and the Mayor attended and it is a redundancy as this is what the Commission on Ethics in Palm Beach County handles. If there is a grievance, this is where it is handled and the City has an agreement with the County. Mayor Grant asked if there was a motion to approve. K% Meeting Minutes City Commission Meeting Boynton Beach, Florida Motion October 16, 2018 Commissioner Casello moved to approve. Commissioner Katz seconded the motion. Vice Mayor Romelus asked the motion maker to amend the Ordinance to remove the "advocate". Mayor Grant explained she was talking about Section 2.15 D of the Ordinance -- A City Board may not advocate privately or publically. He asked if Vice Mayor Romelus wanted the language to be changed to A City Board may not lobby privately or publically. Vice Mayor Romelus responded it was because lobbying implies there is compensation for the action, and there is some type of payment being done in lieu of the stance one has taken, but advocating is different; it is expressing an opinion one way or another and it is okay. She thought it was a First Amendment Right to speak for or against, especially if there is no compensation. Vice Mayor Romelus did not think they should ban that in the Ordinance. There should be flexibility. Commissioner Casello asked when someone on a board advocates to the Commission if it had anything to do with the Sunshine Law. Attorney Bridgeman explained the Commission is a different Board and that is not a Sunshine Law issue. Commissioner Katz explained his intent is to not allow people who are paid to come before the Commission and they serve on an advisory board and asked if, based on the language of the Ordinance, does it need to be cleaned up. He understood, presently it is insinuated that someone cannot advocate for a position even if they are not being compensated. He understood the ordinance exclusively referred to anyone who received monetary or economic considerations. The Ordinance does not prohibit one from talking, only prohibits someone from being paid to then talk. Attorney Bridgeman explained she did not write the Ordinance, but understood the Ordinance was written at the direction of the Commission. She noted two sections. Section D, which Vice Mayor Romelus was referring to, is the section that discusses advocating. Subsection G is the section that prohibits lobbying. Subsection G is the one that refers to compensation and Subsection D refers to the simple advocating. Commissioner Katz commented as it was explained to him, he understood this was exclusively for individuals who were registered lobbyists and he had no objection to cleaning up the language because prohibiting paid lobbying by advisory board members was how it was described to him. If that language needed to be cleaned up he had no problem. He did not want to prohibit speaking on an issue, only being paid after someone voted or when they might take a vote that will impact the ultimate decision. Motion Vice Mayor Romelus moved to strike subsection D from the Ordinance. 33 Meeting Minutes City Commission Meeting Boynton Beach, Florida October 16, 2018 Attorney Bridgeman explained there is already a motion pending. She explained the motion maker would have to agree to amend their motion to either incorporate Vice Mayor Romelus' request or Commissioner Katz's request to modify the Ordinance at the Commission's direction between first and second reading. Commissioner Casello requested reading section D out loud. Attorney Bridgeman explained currently, paragraph D reads: "A city board member may not advocate privately or publically with a City staff member, member of City Administration, member of the City Commission or the Commission as a whole, a CRA staff member, a member of the Community Redevelopment Board or the CRA Board as a whole, for or against the interest of an individual, partnership, corporation or other business entity which has an application, request, or any other matter pending for review or approval with the City when the matter has come before the Board on which the Board member sites or it is reasonably foreseeable that the matter will come before the Board." Attorney Bridgeman clarified this said that board members cannot advocate on a matter. Lori LaVerriere commented it pertains to a member that is representing someone else, another interest versus someone having an opinion as an advisory board member that they want to come talk to the Commission about, they should be able to do this. Attorney Bridgeman commented this paragraph refers to a Board member cannot advocate about a matter that is on its own board. Commissioner Casello gave a scenario if a piece of art is coming in and a Board member wants an artist to install this art, could the Board member come to the Commission and say look. Attorney Bridgeman responded they could not. Commissioner Casello advised that was what they were trying to stop. Attorney Bridgeman agreed and pointed out that was what paragraph D indicates. Mayor Grant asked if the motion maker wanted to make the change. Commissioner Casello responded no. He wanted to keep D. Mayor Grant asked if there was a second to the motion. Commissioner Katz seconded the motion. Commissioner Katz repeated himself as it was explained to him, all of the provisions of this prohibits people from personal financial gain related to their lobbying or advocacy. He asked if this does or does not prohibit someone from just expressing an opinion with no financial attachment from an advisory Board. Attorney Bridgeman responded paragraph D does as it relates to the specific board the person is on. They could advocate for other matters. Attorney Bridgeman spoke about the Arts Commission. If they have something they want to talk about, regarding a zoning regulation, they can advocate about that, but they cannot advocate about a painting or an artist they want because they are sitting on that same Board. [« Meeting Minutes City Commission Meeting Boynton Beach, Florida October 16, 2018 Commissioner Katz requested the motion maker amend the motion. He thought if there is no financial compensation or formal agreement to advocate for financial gain, he has no problem. He reiterated it was explained to him, the language in here referred to compensation or advocating on behalf of another entity. Mayor Grant commented, regarding item D, this prohibits the person on the losing side of the recommendation from coming forward and stating their decision on their losing side. If something passes the P&D Board 4-3, this prohibits that person from coming to the Board and making that recommendation, what their reasoning is behind it, unless it is in the minutes. As for D, that is the situation the person on the losing side lost and there is no way they can have their opinion held to the City Commission. Mayor Grant understood the message they were trying to say a City member can still advocate privately or publically, but they cannot lobby. Once they have the vote, they cannot become a lobbyist and if they do, they would automatically forfeit their position regardless of whether it is on that item or any different item. Commissioner Katz wanted to be sure the provisions will all be related to compensation. He advised it was not his intent or belief at the time it was explained to him, that it would blanket cover people who were not being compensated. He understood if the Attorney was saying right now there is language that prohibits non -compensated advocacy that was not his intent. He favored prohibiting compensated advocacy by someone who is a lobbyist from them approaching the City Commission after voting or taking positions or having been in a position to take a position or influence the advisory board. Attorney Bridgeman explained paragraph D only said you cannot advocate for things about the board that you are on. You can advocate about things on any other subject, just not about the Board one is currently serving on. Commissioner Katz was not comfortable with that. Attorney Bridgeman asked Vice Mayor Romelus if she was clear on her answer and learned she was. Vice Mayor Romelus commented this comes to the point if someone is on the losing side of the P&D Board or another Board, maybe they had some very good arguments as to why they vote against something. As the Commission, they do not always have the time to go through all the minutes of every single Board of every single action that was taken, and she thought it would behoove the Board to keep the boundaries open, so if someone like Ms. Oyer or someone else would like to share why they favor or oppose something, there is nothing wrong with doing so, especially when there is no financial gain. She commented that was why she wanted the motion maker to make the amendment and strike D. Commissioner Katz supported that request. 35 Meeting Minutes City Commission Meeting Boynton Beach, Florida Motion October 16, 2018 Commissioner Casello commented as the maker of the motion he would strike D from that. As for a second to the amendment, Attorney Bridgeman noted all were in agreement. Vote City Clerk Pyle called the roll. The motion passed 3-2 (Vice Mayor Romelus and Commissioner McCray dissenting.) Commissioner Casello wanted to schedule a full Board or special meeting to address the item. The available dates were listed. Commissioner Katz, Commissioner Casello, and Mayor Grant were available on the 31St. The special meeting was set for 6 p.m. for the second reading of Ordinance 18-031. Vice Mayor Romelus and Commissioner McCray noted they would not be present. 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 B. The City Commission has cancelled the Commission Meeting that would normally be held on Tuesday, January 1, 2019. Mayor Grant wanted to place an Intramurals item on the next Future Agenda and speak with Board Member Katz about his $1,000 donation to help with after school programs because he was aware schools are looking for gear and equipment. He asked because the City does not have the aftercare program, there are still a lot of drivers and staff that are not being used right after school. He would like to see that is no longer being used for aftercare to be able to transport students to and from the Golf Course or the Tennis Center. He wanted to match Board Member Katz's $1,000 donation for those youth. Commissioner Katz commented it was intended for summer camp but he would amend the intended youth as long as it is used for youth. 36 Meeting Minutes A * * Am N M 110 NO There being no further business to discuss Vice Chair Romelus moved to adjourn. Mayor Grant announced the meeting was adjourned at 9:43 p.m. A� Z�r Judift!" A. Pyle, CMC P" City Clerk Catherine Cherry Minutes Specialist KH W, a yc yor Steven B. q�,ant Christina Romelus No Commissioner - Vacant DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: APPLICANT: APPLICANT'S ADDRESS Good Stone Townhomes (NWSP 18-001) Good Stone, LLC 1 Sunset Lane, Pompano Beach, FL 33062 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 16, 2018 APPROVAL SOUGHT: Request for approval of a New Site Plan for the construction of a multi -family development consisting four (4) three (3) -story townhomes, parking, and related site improvements. LOCATION OF PROPERTY: Southeast corner of South Federal Highway and Chukker Road DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby X GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terrns and conditions of this order. 7. Other: A DATED: /,� - 3" ;20/ City Clerk S:\Planning\SHARED\WP\PROJECTS\Good Stone Townhomes\NWSP\StaffReport\NWSP18-001_ DO.doc EXHIBIT C Conditions of Approval Project Name: Good Stone Townhomes File number: NWSP 18-001 Reference: 3rd review plans identified as a New Site Plan with an August 3, 2018 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT] ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: None. All previous comments addressed at DART meeting. 1. At time of permitting, provide an access easement over the portions of the sidewalk along Federal Highway and along Chukker Road that are built within the property. X FIRE Comments: None. All previous comments addressed at DART meeting. POLICE Comments: None. All previous comments addressed at DART meeting. BUILDING DIVISION Comments: None. All previous comments addressed at DART meeting. PARKS AND RECREATION Comments: 2. Park impact fees will be required at time of building permit. X PLANNING AND ZONING Comments: 3. Coordinate with Palm Tran to relocate the existing bus stop further south. X 4. At time of permitting, provide details of all proposed signage. X 5. At time of permitting, provide details of the proposed trellis. X 6. At time of permitting, update the photometric calculations to X Good Stone Townhomes (NWSP 18-001) Conditions of Approval Page 2 of 2 DEPARTMENTS INCLUDE REJECT] accurately reflect the revisions to the site plan. 7. Approval of this New Site Plan application is subject to the approval of the corresponding Annexation, Future Land Use Amendment, and Rezoning. X 8. The Good Stone Home Owners Association documentation shall restrict the use of garages to vehicular storage. X COMMUNITY REDEVELOPMENT AGENCY Comments: None. All previous comments addressed at DART meeting PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 9. Incorporate a minimum of one third of the ground cover plant species to be butterfly friendly plants. X 10. Improve the right-of-way of Chukker road along the Good Stone project to address any existing flooding issues. X CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Goodstone Town homes\NWSP\StaffReport\Exhibit C - NWSP 18-001 COA.doc I / Location Map S AV AV} I\ CIN of Boynton Beach V FLU: SHDR 3 Y m0 / r SD.tb. Zan: WATEIDE RB.10G. PCA 95 P.U.D. 4 O Ex: Residentdent ial 0 4y g // goo t l / / Y A WE UNE N^ mLUYNEiLaNED>l lv.e.,xaeR. Pc.9s)l /r l l sy � NB9'E1R'•6_E M20_tP.B106. P419S)_ _ _ _ _ � � T E.D.P. / ■ r CHUKKER ROAD (PRIMA TE ROAD. PAVED) / Ien 1 tr / x� / / •- — 01. a• M) Nt�.P. �;oxcRnEmEwuR — /l ! dd l i R.) MAYEL MVI -y T r W / O /id' y / /]Em 0• L / I / Palm Beach County FLU: MR -5 � ton: RM &: Residential S/F 0 Q I] MA.PnE e' Row EflltE 0.6T = ���/ �(V / I,a: # • • 1] �OUEBT I � � BURRING xALL LINES 1 (/ 1 r!� O glysyr / Jy yaW , a� •°1, 4 s t GE /Ve ; i �e• J�' Qp 1 X41 84 1 / /ay Townhomes w, _eb a¢s'�b� I ' / 4 Units 4A. � $ 3 -Story � / / 1\ , 9E16EGIc ]JA.v1•lU 2 see 32-42' 41.51' ]w E• xew iET1LE / dddo.zr. xwD"'. / / �n • 1 � ] •I ca-Ic uE�s xR�ACE � T�mx:.oao a / k DEDx 2,0' aME. BUItNEAO UNPLATTED CANAL g amtlr),x ] / 9o.0 _ nrb. / \ S89.18'46•V 95.97' / - fi ROW EENCE �J6•RCP WIEALL rx.Yn '� nwY•E �i / BMLNXO WNL LNES Y W 6' UNPLATTED LAND / � M1'/ / 0.x915], PG. J y16sr•y�RpeyR Y# ]�' ,^,l PE)PEN4 EAYYE]•T 2 5]OR'/ GB.i �SOEYEE OR MANAGE PIPE /J•e5 U lOw. }l rtlM�N �sPG66">) T.. 0.26" ( W66) IBA' WBI ylwl Intl m EC Dai• 5•rrewAm >utl �--x. uuE aE Tnrtt x»ms EsµATEs TRADE 'MNDS ESTATES FIRST ADDITION��• +anx Ie ux FIRST AOdnM (P.B.22 PG ) (P,B.22. Pau) lolt Pdm Beach County Palen Beach CountyFLU: CH/5 FLU: MR-5me, uc, ere D2.aT.sa ton: RS Zon:eac RSEz: Residential a Residential eN1�wYIY yW MYbey ex.s6. p ReFeR IM, NAEPbMr n PePAEe6 n W a• 1)OLYI MIPEI)r NWuR. s) FbNbEBlip an. emr.. PNHv nNe• rtl.�xvM 6eMi6M br!♦ aNe PbI•Ntl 6ereloPltYr6 e6.1 d el61ebR+1 n•W.61Y,Y6Y. N erwaY Is R6•elyR brio WDA. erl wE Iw ow �Isbr d yre 6r.eN16 Nr.eYutB PINPrE•a 6) a... n raRe6,weM a e66.6 Rn 6N ena a e6+xo. MILLER LAND PLANNING, INC o00— ONE, LLC IS.t— Pemprw Bern. R JJM2 cn N O L C LO r O LL U m -p m 'O^ V o m MASTER PLAN 1 of 1 PLANT LIST - TREES PLANT LIST - PALMS PLANT LIST - GROUNDCOVER - — ..m. "M— PLANT LIST - SHRUBS I— TfEE9 - HEIGHT � SPREAD INSTALLATION .INSPECTION DETAILS CODE COMPLIANCE good atone townhomes dove b dkar kld .rdMciir./pllrlpk planting plan roNct NORTH a�-2 °n v v 2 � COLOR AND MATERIAL LEGEND MARK rAivEBL OBBcwRON OOLORiBON I SMOOTH TEXTURE STUCCO. BURNISHED CLAY. EMERgR SN SCORED ONES: ­HT. HRAT PREMIUMPLUS PoOR WALLS 2 9MOOM TEMURE ETUCCO. —E— BROwN E—OR SATIN —TE TRIM. BANdNO. FASCN BEHR --us GMAGE DOORS. WT.—RB 3 ENTRYDOORBANDOARAOE AUTHEMIC BROWN. EMERIOR SATIN RESiSTAM?IN—TRIIES: R.NACT BEHR PREMIUM PLUS PNNTED --WORN AND DRIP EDGE. dL RUBBED BRONII COLOR PNMEO RNLIHGS ANO DRP EDGE BY MWIUFACTURER 6 TERRA COTTA COLOR EHTEOM ROOF TILE BE-- S' TLE ° POTIWUSTWIE9I m°icT eYLRBBE UURER COLOR RESISTAN T XARDWARE PNDLIGHT FUOURES. dL RUBBED BRdIg COLOR MANUFAC —B VARY. BYMANUFACTURER B PREFABRICATED MEOK— dL RUBBED BRO—COLOR BY MAN —TUBER _ r —no �/ WEST ELEVATION BLDG NO. 1 m 1/ SCALE: t/4"= 1'-0" ALEKH KMHNT AROwrt[oT�, 1ND. s1fWI W.wMHTu ROlIduPLUli ABWTECf GODDRTONE TOWHIOLEB —+. �r w �owT � 4•p•• ------.:1 w n1 SOUTH ELEVATION BLDG NO. 1—.rev L SCALE: 1/4"= V-0" WEST AND SOUTH ELEVATION BUE m I A-4 COLOR AND MATERIAL LEGEND YMK WIDYK DFSCIMPTIOI CODLKSIIILI 1 SMOOTH EST— DWAOFD WEAVE', EMERION SATIN. SCORED LINES: PANTED OR IST SHERWINWILLIAMS FLOOR WALLS t SFAWTHTEXTURESTUCCD BLUE IRIS: EXTERIOR PLANTED ON LD ANDSRD SHERWIN WILLIAMS FLOOI—LE S SMOOTH TENURE STUCCO. EXTRA WHITE: EXTERIOR SATIN. PAINTED ON COLUMNS. TRIM. HERWIN WILLMMS FASCIA GARAGE.00RS a ENTRY DOORS. POT INDUSTRIES: TERRACOTTA NOT. EXTERIOR SATR —TRESISTANT. PANTED SHERWIN WRLNMS 5 MELD WORK AHORAFTERS. SOFTWARE: EXTERIOR SATIN. EC Oi gS N FUNUNGS,TTERS. SHERWIN WILLLVAS S ROOF.YS. TION SHINGLE OWENSCORMNO TWHITE -"NUM NDUSTWES IMPACT 9 ANT IHARDW,URE AND LIGHT FUTURES, RUSTIC BLACK MANUFACTURES VARY �v J`IP1 LCYIf ewC1� Y.f V — Ko11II V EA T ELEVATION BLD N .l SCALE: 1M' = 1'-0' — suwM 2 NORTH ELEVATION BLDG NO. 1 SCALE: 1l4' = 1'-0' Nme 4LOIN KNpM 4wONIT[CTW, IND. S1ENP W.ONITM ROIIOAMI1531S AMMTECf CONCEPTUAL DESIGN EAST PND NORTH ELEVATION BUILDING I A-5 sarawMol �rntta000 r�m�r�rMaMwo� •ow '�uawaw ® NHId 3AS OlUMN616 Wd N sll ill N R lat -�1tl MSWJf316 �wwr w .ae.aa aior.rw crta.«marroiaa000 aae K .ua �.a — a,��,�,,,,�a�a�„O,�•„m� r-------------- LJ 1 ay ►� O q/ / : s'c Hw M► / l'qI / I I rq s; L s>/` HW sw, / O Y m s Zq r! an wr-.o oto C; a-, I a�a-.rm o�o«wi�ou 0000 s.a.a a uqI 0.0 — 0�• — 00l — l� — Zl-j ti n -A I NO 0'0 rt Q, rt RA S L'NW 0'0 I c4 r, `1 ti 0'0 I 4 I v I 0'0 rk AN Wrr, I 0l 07i a'ia IN I 0'OI oQ rq I' n I 0'0 4— sll ill N R lat -�1tl MSWJf316 �wwr w .ae.aa aior.rw crta.«marroiaa000 aae K .ua �.a a,��,�,,,,�a�a�„O,�•„m� LJ sw, w m s aoi an wr-.o oto i.w+s wa..i.n a�a-.rm o�o«wi�ou 0000 s.a.a EXHIBIT "A" PROPOSED ANNEXATION VY/LJ/LV 1 V LEGEND City boundary 0 15 30 60 90 120 Feet