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Minutes 07-02-19MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD ON TUESDAY, JULY 2, 2019, AT 6:30 P.M. AT THE INTRACOASTAL PARK CLUBHOUSE 2240 N. FEDERAL HIGHWAY, BOYNTON BEACH, FLORIDA PRESENT: Steven B. Grant, Mayor Justin Katz, Vice Mayor Mack McCray, Commissioner Christina Romelus, Commissioner Ty Penserga, Commissioner Q OPENINGS Call to Order - Mayor Steven B. Grant Lori LaVerriere, City Manager Jim Cherof, City Attorney Queenester Nieves, Deputy City Clerk Mayor Grant called the meeting to order at 6:32 p.m. Invocation The Invocation was given by Pastor Ash of First Presbyterian Church. Pledge of Allegiance to the Flag led by Vice Mayor Katz The Commission recited the Pledge of Allegiance to the Flag. Roll Call Deputy City Clerk Nieves called the roll. A quorum was present. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Penserga requested an update on the IT defenses in light of recent cyberattacks different municipalities have experienced as New Business 11.A. Vice Mayor Katz requested a Future Agenda item regarding an update on the Quantum Park Overlay District and learned a report would be made at the next meeting under Legal items. Meeting Minutes City Commission Meeting Boynton Beach, Florida July. 2, 201.9 Commissioner Romelus requested an update by the Police Chief about the new No Texting while Driving Law. It was agreed it would be heard as New Business 11.B. Mayor Grant requested an item regarding tuition approval for Commissioner Romelus to attend Palm Beach County Leadership Engage Program. There was consensus it would be heard as New Business 11.C. 2. Adoption Motion Commissioner McCray moved to approve as amended. Commissioner Penserga seconded the motion that unanimously passed. 2. OTHER A. Informational items by Members of the City Commission Vice Mayor Katz had no disclosures and wished all a Happy Independence Day. Commissioner McCray had no disclosures and wished all a Happy Independence Day. Commissioner Romelus wished all a happy belated Father's Day and early 4th of July. She was happy Haiti would compete against Mexico as it was the first time Haiti made it to the Gold Cup. There will be a watch party at the RC Caribbean restaurant on Congress Avenue next to Chuckie Cheese and all were invited to attend. Commissioner Penserga volunteered with Future 6 two weeks ago for free ocean -based activities for special needs youths and all had a great time. He thanked Future 6, Wally Majors, Recreation and Parks Director, and Debbie Majors, City ADA and Grants Coordinator, for organizing the event. This past weekend, he demonstrated the hydro - flight for the City's 4th of July celebration. On a personal note, he was working on a project as part of his thesis to uncover the reasons why Alzheimer's drugs have been failing, and his work has been published in Frontiers in Neuroscience Journal. Mayor Grant attended the following between June 1 gth and June 27th: a Coalition of West Boynton Residential Associations meeting; a US Department of Economic Development Administration meeting with David Scott, Director of Economic Development and Strategy for the City regarding repaving US 1; the Stonewall Ball held by Compass; the Milagros Center to learn about their non-profit inside an affordable housing community; a Palm Beach County League of Cities meeting; and a Palm Tran Service Board meeting. 3. ANNOUNCEMENTS, COMMUNITY PRESENTATIONS 2 AND SPECIAL EVENTS AND Meeting Minutes City Commission Meeting Boynton Beach, Florida A. Announce the Budget Workshops for 2019/20 proposed budget: Budget Workshops at Intracoastal Park Clubhouse; Monday, July 15, 2019 @ 5:00 P.M. Tuesday, July 16, 2019 @ 10:00 A.M. Wednesday, July 17, 2019 @ 2:00 P.M. (If needed) Mayor Grant announced the budget workshops. July 2, 2019 B. Announce the Summer Youth Institute Internship Program with Boynton Beach Utilities, Pathway to Frosperity, Genesis Community Health and All Girls United, Inc. Sponsored by Healthier Boynton Beach. Joe Paternefti, Utility Director, announced the Utilities Department is pleased to be part of this program and advised Tremaine Johnson, Field Operations Manager, runs the program. Tremaine Johnson thanked the City Commission for the opportunity to be part of the program. The Utilities Department partnered with the above organizations and had 10 participants this year. For the past three years, he was the lead in the Utilities portion of the program. The Department opened up all five aspects of field operations to the participants who range in age between 15 and 18. He thought the youth should be commended how they conducted themselves. It was a great opportunity for them and an honor for Utilities to use this program as a recruiting opportunity for future employment. Commissioner McCray requested Mr. Johnson convey the City Commission commends the youth. Ricky Petty, Project Director, Healthier Boynton Beach, commented it was their pleasure to have the partnership with the City and other organizations. Healthier Boynton Beach is a health initiative funded through the Palm Health Foundation to assist caregiving citizens. The organization raises awareness to make sure family caregivers self -identify. The program provides resources and services and wants to ensure they promote health and wellness throughout the community as it relates to family caregivers. They have been offering different activities to advance their mission and have provided $33K to the communities by supporting nine different programs to help family caregivers move forward. Brianica McLaurin, Founder of All Girls United, explained the organization is a non-profit mentorship program for girls aged 12 to 18. This year, they had the opportunity to spearhead the Summary Youth Institute program. It is a program which works with businesses in Boynton Beach, and on two Saturdays, participants had the opportunity to attend workshops to learn about caregiving and what it means to start their own business as well as how to be an employee. Participants learn how to draft a resume and build relationships. 3 Meeting Minutes City Commission Meeting Boynton Beach, Florida July 2, 2019 Dakota Groh has been working with the City for the past four weeks. He commented the program opened opportunities for him. He wants to work for the City after high school. It will help him in the future and he thanked the City for the program. Mayor Grant asked how the information was disseminated to the public. Mr. Petty explained they had information about the program on social media and left hard copies around the community. Funding is limited and there are only have 15 positions available. They hope to get some type of funding subsidies in the future to provide more opportunities for City youth. C. Announce additional event components the City of Boynton Beach's 4th of July event by Eleanor Krusell, Public Communications & Marketing Director. Eleanor Krusell, Public Communications and Marketing Director, announced the City would celebrate the 4th of July at Intracoastal Park. New activities added to the event included a performance by a talented nine-year old, blind guitarist named Miles, who will be on the small stage and will be performing on the 4th. WPTV had previously aired an expose on Miles and the TV station will be present at the festivities to do a follow-up story on his debut. The City reached out to Tom Kaiser, who is integrally involved with Veterans organizations, about the event, and he advised many of the veterans are older and the fireworks may affect their memories. He requested the City thank the veterans from the main stages and the City ordered veteran lapel pins for each veteran who attends. To receive one, they should go to the information booth. She hoped all who attended the event would thank a veteran. In response to an article that aired on WPEC, the Forgotten Soldiers Outreach in Lake Worth was desperate for letters from children to send to soldiers. The Outreach creates care packages. WPEC is also sending a photographer showing the City of Boynton Beach stepped up to the plate to fill a need. Palm Beach Rocks, painted 15 rocks, which will be hidden at Intracoastal Park. Anyone finding the rocks could keep them as a memento and a table under the pavilion was available for youth to paint their own rocks. Parking was limited. Ms. Krusell encouraged all to take the air-conditioned, ADA compliant buses to the event leaving from City Hall and Journey Church beginning at 5:30 p.m. Ride share is also available at Boat Club Park. She asked all to visit the City's website and follow them on social media. She noted fou, buses would run continuously with the last bus leaving at about 10:30 p.m. D. Proclaim July as Recreation and Parks Month. Mayor Grant read the Proclamation recognizing July as Recreation and Parks Month. Present to accept the Proclamation was Wally Majors, Recreation and Parks Director. Mr. Majors noted FunFare Magazine featured pictures from last year's July 4th event. Commissioner Romelus thanked Mr. Majors, Ms. DeGraffenreidt and other Parks and Public Works personnel for their help beginning the Annual Meet Your Neighbor 4 Meeting Minutes City Commission Meeting Boynton Beach, Florida Picnic/BBQ at Seacrest Estates event. July 2, 2019 Mayor Grant and Police Chief Gregory attended the E. Present Certificate of Completion to Commissioner Christina Romelus for completing the Advanced Institute for Elected Municipal Officials Mayor Grant presented Commissioner Romelus with a Certificate of Completion for the Advanced Institute for Elected Municipal Officials. Commissioner McCray was also a member and he thanked Commissioner Romelus for attending. He thought all Commissioners should attend the Institute. Commissioner Romelus indicated she is an educator and feels educating herself helps her to better serve the citizens. She thanked the City Commission for allowing her to attend different sessions and learn new and innovative way to improve the lives of the citizens of Boynton Beach. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS W ILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) David Katz, 67 Midwood Lane, hoped Consent Agenda Item D would be pulled Charles Kanter, 2905 South Greenleaf Circle, noted the City has term limits and commented Charter revisions would be forthcoming. He would like to see more flexibility to allow someone to run for mayor after two terms as a Commissioner and vice versa. He hoped it would be added to the agenda. He favored open elections where individuals vote for every district. He expressed the districts are esoteric to the people which live there. There was a lot of work done throughout in District IV and then he learned half the District was realigned and some areas placed into District I. They lost the Renaissance area. There were parts of District IV, such as High Ridge Road and the Charter School that wound up in District II. As a Poll worker, they learned no one showed up because residents east of 95 in District II were not aware High Ridge Road existed. On a different matter, he noted Miner Road ends at High Ridge Road and a traffic circle would be the best way to address the junction as opposed to a traffic light. Rae Whitely, 223 12th Avenije, announced he would like to offer his help with the sound system. He spoke to people outside of Boynton Beach about how unique the City is and how the Districts are set up. Not many cities have the opportunities the City has. District II residents vote for the representatives of District II, which is a luxury. Another discussion occurred about having the opportunity to further the progress made at the dais. He congratulated the Commissioners. He asked how progress would continue. Residents 5 Meeting Minutes City Commission Meeting Boynton Beach, FloridaJuly 2, 2019 ...1111.1.11,11,111,111.1. 1.1­11 are concerned that in three years, progress will slow and other individuals will come in with different ideas and the City will not continue the progress that is currently occurring. He requested the City Commission consider allowing Commissioners to run for Mayor immediately after their terms are completed and vice versa. If the residents do not like the job a commissioner is do`ng, they would be voted out, and they currently do not have that opportunity. He thought the City was doing a great job. He shares the excitement with what is occurring and wanted the item to be voted on or discussed. Allan Hendricks, 122 SE 4th Avenue, agreed with the prior comments and was pleased with the current Commission. He would like to see the City move from the two -term and exit policy to two terms in each position of Commissioner and Mayor. He did not think it was healthy to term people out when there is a continuum of progress and would like it to go to a referendum. Susan Oyer, 140 SE 27th Way, congratulated Samir Ahmed, Boynton Beach Community High School student, who was the recipient of the Palm Beach County Property Appraiser's Office $1,500 scholarship. Mr. Ahmed plans to attend Embry Riddle University. She suggested converting the CRA Office to a Tourist Information Office when the new City Hall opens and the CRA moves its office there, as the City does not have a Tourist Office. It could also promote Boynton's Sister Cities and sell their products. Farindola exports organic olive oil, honey and a unique pecorino cheese that is made only by women. Regarding term limits, Ms. Oyer was distressed people were endorsing a dictatorship over a democracy. She likes all on the Board, but felt terms should not be non-stop and ending term limits was the wrong thing to do. She suggested looking for new candidates to replace the individuals leaving. The only way to get new ideas is to have new people and there is a reason for term limits. Herb Suss 1711 Woodfern Lane, was opposed term limits. He believes in a free choice of people electing whom they want. All can run and the City needs to continue its progress. One Commissioner should be Mayor. Mr. Suss also spoke to Commissioner Penserga about Alzheimer's and would like to take Commissioner Penserga to his Alzheimer's treatment center to meet the Head of the Department. He thought what was happening on the southern border was terrible and on July 4th, a dictator will have tanks and a military parade to start his campaign. Dr. Stephanie Hayden-Adeyemo, 2181 SW 15th Avenue, Condo 102, was alarmed. She thought it was great all applauds the City Commission for them doing a fabulous job. She immigrated to the U.S. legally in 1980 for opportunities. Boynton Beach is unique. If the City is for and by the people, they should not limit individual's opportunities for choices and she supported upholding the current ordinance requiring terms limits. No one would dictate to anyone that because the Commission is young that they have better ideas than others. She felt it pits ageism against experience. Mr. Taylor had served for a long time, but young and fresh does mean anything. She pointed out individuals could be young and naive and make unwise decisions. I: Meeting Minutes City Commission Meeting Boynton Beach, Florida July 2, 2019 No one else coming forward, Public Comment was closed. Vice Mayor Katz commented, since so many individuals came forward to speak on the same topic, it may not have been a coincidence. Single member districts ensured people from an area were able to elect someone from their area. As to term limits, he advised one would not find a single poll in the last 20 years, where the outcome was to remove term limits. There has been a trend in the country mostly perpetuated by the fact that Congress does not have terms limits, which allows politicians to become career politicians. He did not think eliminating term limits would be beneficial. A big problem in the country is career politicians and six years is a long time to serve. Commissioner Romelus agreed with Vice Mayor Katz and supported each District having someone to represent their residents. She commented Boynton Beach used to have city- wide elections decades ago and there was a reason for the change. She expressed Mr. Kanter's comments emphasized there was some confusion about how the voting district lines were delineated, which could be addressed after the Census. She requested bringing back information on how other nearby cities operate their Commission and thought they should have a discussion about the City's Charter. Mayor Grant requested and received confirmation the item would be a future agenda item to discuss the City Charter regarding elected officials. Commissioner Romelus commented research would also be provided. She thought there could be vertical mobility, which would allow elected officials to serve in different capacities in the City. Vice Mayor Katz requested Commissioner Romelus have a vote. Motion Commissioner Romelus was fine with the motion. Commissioner Penserga seconded the motion for discussion. Mayor Grant agreed a discussion was needed. He had previously mentioned the issue of Commissioner expenses and he sees many cities raising rates for elected officials. He thought paying individuals was away to get qualified people to run. Vote The vote was 3-2 (Vice Mayor Katz and Commissioner McCray dissenting.) Mayor Grant commented the item would be a Future Agenda item to discuss the City's Charter regarding elected officials compared to other municipalities. Commissioner McCray stated on the record he favors term limits. 7 Meeting Minutes City Commission Meeting Boynton Beach, FloridaJuly 2, 2019 .... ......... 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. Mayor Grant read the vacancies. Motion Mayor Grant moved Cory Voce from an alternate to a regular position on the Education and Youth Advisory Board. Commissioner McCray seconded the motion that unanimously passed. Vice Mayor Katz tabled his nomination for an alternate on the same Board. Commissioner McCray tabled his nomination for an alternate on the same Board. 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments Mayor Grant pulled item A and noted there was a request to pull Item D. A. PROPOSED RESOLUTION NO. R19-069 - Authorize the City Manager to enter into a three (3) year agreement with The Gehring Group for Insurance Broker Services. The estimated total three (3) cost of $210,000. B. Approve the recommendation of the Evaluation Committee and authorize staff to conduct negotiations with the first ranked firm Garvey Companies, Inc. of Winter Garden, FL and establish contracts in accordance with the Request for Qualifications (RFQ) No. 013-2821- 19/TP for Reclaimed Water Distribution System Progressive Design Build and per Florida Statute 287.055, Consultants' Competitive Negotiation Act (CCNA). At the completion of each phase of the negotiations, the Contracts will be brought back to the Commission for approval. C. Approve disposal of vehicles/equipment submitted by the Fleet Division and declare sixteen (16) vehicles/equipment as surplus and approve the disposition of these items via auction using various means, such as JJ Kane live auction, JJ Kane on-line auction and GovDeals.com 0 Meeting Minutes City Commission Meeting Boynton Beach, Florida ..................................................................................................................................... July 2, 2019 D. Approve utilizing Town of Palm Beach Invitation to Bid #2018-12 with Custom Tree Care for an estimated annual expenditure of $65,000 for tree trimming and pruning services. The Town of Palm Beach's procurement process satisfies the City's competitive bid process. E. Accept the Fiscal Year 2018-2019 Budget Status Report of the General Fund and the Utilities Fund for the seven (7) month period ended April 30, 2019. F. 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 July 2, 2019- "Request for Extensions and/or Piggybacks." G. Approve the minutes from City Commission meeting held on June 18, 2019. Motion Commissioner McCray moved to approve the Consent Agenda less the items pulled. TY seconded the motion that unanimously passed. A. PROPOSED RESOLUTION NO. R19-069 - Authorize the City Manager to enter into a three (3) year agreement with The Gehring Group for Insurance Broker Services. The estimated total three (3) cost of $210,000. Mayor Grant looked at the score sheet regarding the three respondents. The second ranked respondent was six points behind and $27,500 less. He did not see a big difference except the price for the second ranked applicant was significantly lower. He wanted to nominate the second ranked respondent to be awarded the contract. Tim Howard, Assistant City Manager, explained the process. The ranking came from the Selection Committee and the Commission can re -rank the respondents and award whichever vendor they wish. Commissioner McCray did not want to re -rank the respondent. He understood the Mayor was looking to save funds, but the City was familiar with the firm and they have the experience. He was not opposed to paying for experience. Motion Mayor Grant passed the gavel and moved to re -rank the rulings. Commissioner Romelus wanted to hear from the Committee and asked if the six points really mattered. 1'7 Meeting Minutes City Commission Meeting Boynton Beach, Florida July 2, 2019 Mr. Howard explained the Selection Committee reviewed the responses and scored them. There are six points difference out of four categories. The second lowest ranked got higher scores for pricing because their pricing was lower. Gehring scored higher in a couple of the categories. The vendors are all responsive. The Commission's recommendation was based on the summary scores. It is up to the City Commission if they want to take the recommendation or not. There was a maximum of 25 points assessed for cost. Mayor Grant commented one respondent was $27,000 cheaper a year for three years and it was like getting the third year free. Mr. Howard offered to review the rankings and categories where the reviewers scored Gehring higher based on experience. Part of it was because Gehring worked for the City and understand the City's operation. The incumbent will score higher in those areas. Mayor Grant felt Gehring was using complacency to charge more than the other competitors. He noted one scorer said the difference was only worth two points and another scorer thought it was worth a difference of nine points. Motion Mayor Grant passed the gavel to have the rankings as Risk Management Associates ranked 1, Gehring Group 2, and Gallagher as 3. Commissioner Romelus commented the Mayor did not have to pass the gavel and so moved. Mayor Grant seconded the motion. Vice Chair Katz commented if the points related to the annual fee are removed, and the three criteria are reviewed, the gap between the two was 20 points. Risk Management lost by 20 and when factoring in a low -ball price, the spread went from 20 to 6. A good portion is due to the low price. It is not necessarily it was because they were equal in terms of competence. He explained he supports ways to find a cheaper version of what is wanted, but the reason why the spread was six at the end was due to the price and not because they were competitive in quality. It means by using the same rubric, an inferior company that low balls will appear to have the same tabulation and he thought that was what was occurring. The Gehring Group ranked one point away from perfect regarding the non -price component because they are the incumbent and they know the City's system. Mayor Grant advised he was an insurance agent 14 years ago, and they have the same access to the same plans and insurance is costly to the City. Vice Mayor Katz asked if the incumbent company has an inherent advantage and if the City should put a term limit on the company and allow a new company to have an opportunity. Mayor Grant responded not on term limits, but if the incumbent knew the system and how to play the system, it was the Commission's job to pick a vendor. He thought based on the price point, and the respondents being all responsive and responsible bidders, trying a new company would be in the City's best interest. Commissioner Romelus thought the only big difference was under the Broker Access to Lines of Insurance Tab. She questioned what allowed all three members of the Committee to rank Gehring as a 30 as opposed to the other responders. Mr. Howard 10 Meeting Minutes City Commission Meeting Boynton Beach, Florida July 2, 2019 explained with governmental insurance coverage, not all brokers can access all the different pools. The Gehring Group, based on their submitted proposal, had access to pools the others may not have mentioned or put in their proposal or some other line. The Committee reviewed the proposals based on what the company submitted. The pricing is the major difference. Mr. Howard agreed when there is a disparity in price; it upside downs the scoring. Commissioner Romelus commented the only thing that changed was the fee. Mr. Howard explained the Committee felt Gehring had a better score in the categories that were not price related. If they did not issue an RFP, the City would issue a straight bid and award the contract to the low bidder. There are always questions about awarding to the low bidder and the quality of the low bid. The RFP process includes that factor, but it is not the overriding element. Commissioner Romelus thought they were just as qualified and did not see much of a difference. Mr. Howard commented the other three categories totaled 70 points and there was a 20 point difference. A decision had to be made if there was a large enough spread to give a comfort level that a higher price was worth the award and the Committee thought it was. Commissioner Penserga asked if it would put the City at an operational disadvantage and change the quality of getting things done if the second ranked company was chosen. Mr. Howard answered not on paper, but they have no experience with the second ranked firm. The City changes vendors for various reasons throughout the year. It would not change deadlines or timelines, but the City would not know what the work relationship is. It could be just as good or not and the City takes that risk each time an award is made. Commissioner Penserga asked what would occur if the result was not good and if it could be easily repaired. Mr. Howard explained if entering into an agreement and the firm fails to perform, there is a termination clause in the agreement. It is a 30 -day notice. The City would likely move through the first year and if service is not good, the expectation is the termination would go smoothly. James Cherof, City Attorney, commented this form of contract has an easier out clause for the City so there is less likelihood of a challenge on the termination. Mr. Howard pointed out; if the contract terminates the City must restart the process and issue another RFP and then pay more. Mr. Howard has been with the City for 10 years and has terminated two contracts. Vice Mayor Katz pointed out if excluding points based on cost, the first company received 209 points, the second place company received 189, and the third place company received 184. The second and third ranked firms are almost indistinguishable and the recommended firm was almost 10 percent lower. He thought overruling the rankings of the team based on cost opened the door to future situations. He could not support a firm that ranked 10% less purely based on a lowballed cost. 11 Meeting Minutes City Commission Meeting Boynton Beach, Florida July 2, 2019 Mayor Grant repeated the motion as re -ranking the respondents. Vice Mayor Katz explained the City could not re -rank the applicants but could recommend the second ranked respondent. Commissioner Romelus commented that was her motion. Vote The motion passed 3-2 (Vice Mayor Katz and Commissioner McCray dissenting.) D. Approve utilizing Town of Palm Beach Invitation to Bid #2018-12 with Custom Tree Care for an estimated annual expenditure of $65,000 for tree trimming and pruning services. The Town of Palm Beach's procurement process satisfies the City's competitive bid process. David Katz, 27 Midwood Lane, offered, in regard to a prior conversation about term limits, if the Commission wanted a lesson about the history of term limits in the City and single - member Districts, he would discuss it as he had knowledge. Mr. Katz reviewed the meeting backup regarding the agenda item and asked why the City was using a company from Kansas. He spoke to staff about the item and learned a former Public Works employee dropped the ball in November to put out a bid for local companies. An email dated January 3, 2019 in the meeting backup, from Adriana Greco-Arencibia to Greg Gavels, the Topeka Kansas company, asked if he had any crews in Palm Beach County and the back-up materials did not contain a response. She indicated if so, the City would like to piggyback on the contract so a purchase order could be issued for the tree trimming. Mr. Katz learned the company was in Pompano Beach. He questioned why the City would use a company outside the City when the City has many the tree trimming companies. He understood because staff dropped the ball, the City would have to use a piggyback contract from the Town of Palm Beach, but Mr. Katz hoped the City would formulate a bid to be used later. He pointed out the City is always after developers for Community Benefit Agreements to hire locally. The company has contracts in Broward County and part of the backup for the item shows the opportunity to renew for four additional one-year periods, which he thought would be criminal. He favored issuing a bid to local companies and hoped the City would direct staff to ensure this never happened again as many companies in the City are involved. Commissioner McCray asked if the City had trouble with the company the City used last year or the year before. Andrew Mack, Public Works Director, did not recall having problems with tree trimming companies. There were issues with the landscaping company and the item was rebid. He clarified this item was to maintain trees in advance of a hurricane. He explained the City hired a Project Manager/Landscape Architect, who did not review the bid. Commissioner McCray asked if the City Commission had to approve the item tonight and learned they did. Commissioner McCray asked why the City did not use local companies. Mr. Mack explained the procurement policy requires, when the City intends to spend over $25,000, to issue a formal bid or use a piggyback. Staff considered the amount of time it 12 Meeting Minutes City Commission Meeting Boynton Beach, Florida July 2,2019 would take to develop a bid. If this item is approved, it would only be valid until the remainder of the fiscal year. Mr. Mack asked if the City could break the new bid contract into categories such as medians, parks, city grounds, so there could be local participation and learned they would. Motion Commissioner McCray moved to approve, Commissioner Romelus seconded the motion. Commissioner Penserga asked why the department decided to piggyback with the Town of Palm Beach and not another town that was closer to home. Mr. Mack explained staff reaches out to vendors they know are local and other vendors if they have contracts with other municipalities. Another option to use is to search Procurement's databases. The City has piggybacked contracts with the Town of Palm Beach before. Vice Mayor Katz noted the options to extend the contract are at the City's discretion. Mr. Mack clarified those options were only for the Town of Palm Beach, not the City. In three months when the fiscal year ends, this request could come back as a Request for Proposal, which can be broken down. Mr. Mack agreed staff would issue a formal bid early on in the fiscal year. With piggyback bids there is always the risk the originating city may not renew the contract so it may not be available. Vote The motion unanimously passed. 7. CONSENT BIDS AND PURCHASES OVER $100,000 - None 8. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. PROPOSED ORDINANCE NO.19-018 - SECOND READING - Approve proposed code language implementing CRA Plan -Group 4 (CDRV 19-003) - Amending the LAND DEVELOPMENT REGULATIONS: (1) Chapter 1. General Administration, Article II. Definitions, Article III. Relationship to Comprehensive Plan, and Article IV. Redevelopment Plans; and (2) Chapter 3. Zoning, Article III. Zoning Districts and Overlay Zones, to continue implementation of revisions related to modification of the future land use categories and to other recommendations of the Community Redevelopment Plan, including creation of the Cultural District and Boynton Beach Boulevard Overlays and Chapter 4 site development standards, correcting references to overlays. Applicant: City -initiated. 13 Meeting Minutes City Commission Meeting Boynton Beach, Florida July 2, 2019 City Attorney Cherof read Proposed Ordinance No. 19-018 by title only on second reading. Motion Commissioner McCray moved to approve. Vice Mayor Katz seconded the motion. Mayor Grant opened the floor to the public. No one came forward. Vote Deputy City Clerk Nieves called the roll. The vote was 5-0 B. PROPOSED ORDINANCE NO. 19-019 - SECOND READING - Approve amendments to the Land Development Regulations, Chapter 4, Site Development Standards, creating a new *Article II entitled "Fertilizer Use Regulations" to create regulations requiring proper application of fertilizer to protect water bodies. Applicant: City -initiated. City Attorney Cherof read Proposed Ordinance No. 19-019 by title only on second reading. Motion Vice Mayor Katz moved to approve. Commissioner McCray seconded the motion. Mayor Grant opened the floor to the public. Herb Suss explained he had an experience with chemicals. He wanted the City to be cognizant to what is happening to the water system. Vice Mayor Katz explained the Ordinance is to further restrict and control existing chemicals resulting in better protections for the environment. Vote Deputy City Clerk Nieves called the roll. The vote was 5-0. 9. CITY MANAGER'S REPORT - None 10. UNFINISHED BUSINESS - None 11. NEW BUSINESS — None A. IT Cybersecurity Update r[I Meeting Minutes City Commission Meeting Boynton Beach, Florida July 2, 2019 John McNally, Director of ITS, gave a brief update about cybersecurity, noting Key Biscayne, Riviera Beach, and Stuart were all attacked by Malware. He clarified what the City has done does not guarantee the City would not be subjected to cyber -attacks; it only lowers the City's risk. He gave a brief update on what the City has implemented, including firewalls and state -of -the art protections, software, employee education and best practices. He also discussed the data network, patches, and enhanced data storage. He advised there are two separate entities which audit the City and staff applies the recommendations. Commissioner Romelus asked if there was insurance and was informed the City has cybersecurity insurance coverage. B. New Texting and Driving Law Michael Gregory, Police Chief, explained texting, driving and distracted driving. The but there are some nuances, which he read there has been lot of attention regarding new Statute became effective July 1, 2019, as follows: "Florida motorists can be stopped and sited for texting and driving. The first violation for drivers is a non-moving offence with no points assessed on a driver's record. The second violation is a moving violation with three points assessed to the driver's record." In most circumstances, Florida Highway Patrol and a number of agencies will be issuing warnings almost into the end of the calendar year. Agencies will also be holding information campaigns on social media, flyers and other means to get the word out about the upcoming changes. Effective October 1, 2019, wireless communication devices could only be used in a hands free manner when driving in designated school crossings, school zones or active work zone areas such as occurs on 95 or the Turnpike. Drivers will be issued warnings to the end cf the year and commencing January 1St, the law will be fully enforced. Drivers will be citied for using wireless communication devices in a handheld manner in work or school zones. Mayor Grant asked if he could hold his phone to his ear. Chief Gregory responded it is safer not too. It should behands free. Motorists can use speakerphones or devices using the vehicle computer system. Mayor Grant repeated his question. Chief Gregory replied technically, it is probably not an offense. The law is written that motorists would have to type in characters and numbers, but the spirit of the law is the motorist is hands free and has both hands on the wheel so as not to be distracted. Commissioner Penserga liked the spirit of the law, but was concerned it may be used for profiling. Chief Gregory responded there was discussion. The profiling element has to do with whom the officer is pulling over and the rational to do so. Commissioner Penserga asked how the officer would know if someone were texting and learned the Statute specifies typing in characters, numbers and engaging the keyboard or screen with fingers thereby manipulating the device. 15 Meeting Minutes City Commission Meeting Boynton Beach, Florida July 2, 2019 Commissioner McCray asked how the law is enforced with the Police Department and employees. Chief Gregory commented police and fire department employees and other groups are exempt when used during the course of official duties. The law considers today's vehicles are computer based and have digital screens for air conditioning, radio or navigational systems. The law takes into account the driver may be touching a screen to navigate or turn down the radio. That would not be a violation. If there is a cell phone and the driver is typing continuously, it would be reasonable suspicion for an officer to pull a driver over. Vice Mayor Katz commented the law was watered down to the point the law cannot be enforced. He read: "A law enforcement officer who stops a motor vehicle for a violation of paragraph A, must inform the motor vehicle operator of his or her right to decline a search of his or her wireless communication device and may not access the communication device without a warrant, confiscate the wireless communication device while awaiting issuance of a warrant, or obtain consent from the motor vehicle operator to search his or her communication through cohesion or improper methods." There is language that requires the officer to tell the driver they do not have to show him the phone, which is the only evidence they have. The law allows individuals to type on their phone in motion for GPS purposes. He thought the future of the law is to do what other states have done which means motorists are not allowed to touch their phone for any reason when driving. Vice Mayor Katz thought the law was a good effort, but is nearly impossible to enforce. Chief Gregory commented the driver could still be cited and motorists should not challenge the Officer or get into a debate over the reason for the traffic stop. Commissioner Romelus asked what the City was doing in addition to bias training, to ensure motorist are not targeting individuals improperly. Chief Gregory explained the Legislature included language requiring Officers to receive training and to report and document the race and ethnicity of who the citations were issued to and report the statistics to the Department of Highway, Safety and Motor Vehicles. Officers are required, as part of their certification, to be retrained regularly regarding ethical behavior and that profiling is unethical, illegal and not supported in Boynton Beach. Commissioner Romelus requested the Commission receive a copy of the report sent to the Department of Highway and Motor Vehicles on an annual basis. Susan Oyer, 140 SE 27th Way, asked about the status for drivers to use their cellphone for navigational purposes, noting Bluetooth was common. Chief Gregory responded navigation and GPS was exempt. Commissioner Romelus asked if a motorist could use their phone at red lights or stop signs as the vehicle was not in motion and learned drivers could. 11 C. Approve tuition of $2,000 for Commissioner Romelus to attend the Palm Beach County Leadership Engage Program 16 Meeting Minutes City Commission Meeting Boynton Beach, Florida July 2, 2019 Mayor Grant read the item and acknowledged it was a walk-on item. Mayor Grant noted Commissioner Romelus has been accepted into the program which cost $2,300. Commissioner Romelus personally paid the application fee of $100 and was awarded a $300 scholarship. He read the item for the benefit of the public. Mayor Grant congratulated both Commissioner Romelus and City Manager LaVerriere on their selection and noted he had attended a few of the Palm Beach County events they held with CareerSource and other non -profits and felt it was a worthwhile investment. He requested Commissioner Romelus and the City Manager give a report. Commissioner McCray asked how much was remaining in the account and learned there was $8,800. Commissioner McCray would support the request, but felt some may take advantage because the same person is spending all the funds. Ms. LaVerriere explained she spoke with Mayor Grant about her application to the leadership program, which she wanted to attend for years. It is a highly competitive program and this year the organization received the most applications to -date. She encouraged all of the members to apply and she was unaware that two individuals from the same entity could be selected. Motion Commissioner McCray moved to approve Commissioner Romelus attending Palm Beach County Leadership Engage Program. Commissioner Penserga seconded the motion that unanimously passed. 12. LEGAL A. PROPOSED ORDINANCE NO. 19-020 - FIRST READING - Approve proposed amendments to Part II, Code of Ordinances, Chapter 10, Article II, Refuse, Garbage and Trash, Section 10-30, Rates and charges for City service; allowing rates to be set by resolution of the Commission. Attorney Cherof read proposed Ordinance No. 19-020 by title only on first reading. Motion Commissioner Penserga moved to approve. Commissioner Romelus seconded the motion. Commissioner McCray asked what the rates were and what the Ordinance would accomplish. Mr. Mack explained the Ordinance removes rates from the Code of Ordinances and the Commission will set them via Resolution. There is no change in the rate associated with the Ordinance. Staff will present the Resolution with the rate changes at the second reading and noted there will be no rate changes for residential service, but commercial rates will change. 17 Meeting Minutes City Commission Meeting Boynton Beach, Florida July 2, 2019 Mayor Grant asked if a rate hike had been previously approved and learned one had. The City had approved an increase for the following two fiscal years. It included a residential increase that was previously approved and a commercial increase. Changes could be made when the Resolutions are presented. Vote Deputy City Clerk Nieves called the roll. The vote was 5-0. B. PROPOSED ORDINANCE NO. 19-021 - FIRST READING - Approving the partial abandonment an 11 ft. by 30 ft. portion of an existing utility easement along Woolbright Road as part of the Wawa project located at Woolbright Road and Congress Avenue. This area will be dedicated as public right of way by Palm Beach County, and the City utilities will be located within the public right of way. Attorney Cherof read proposed Ordinance No. 19-021 by title only on first reading. Mr. Suss asked where the easement was and learned it is on Woolbright Road. Motion Commissioner Penserga moved to approve motion. Vote Commissioner McCray seconded the Deputy City Clerk Nieves called the roll. The vote was 5-0. B. PROPOSED RESOLUTION NO. R19-070 - Approving Reasonable Accommodation Policy Mayor Grant reviewed this policy was approved by the Department of Housing and Urban Development. Motion Vice Mayor Katz moved to approve. Commissioner Penserga seconded the motion. Commissioner McCray asked for a hard copy of the policy. Ms. LaVerriere agreed to forward. Vote The motion unanimously passed. C. PROPOSED RESOLUTION NO. R19-071 -Approving Non -Discrimination Policy Meeting Minutes City Commission Meeting Boynton Beach, Florida Motion July 2, 2019 Vice Mayor Katz moved to approve. Commissioner Penserga seconded the motion. Commissioner McCray requested a copy of the Resolution. Vote The motion unanimously passed. 13. FUTURE AGENDA ITEMS A. Department to give brief presentation of their operations Development - July 2019 Library - September 2019 B. Staff to review Development Department's plan review processes to identify efficiencies and technologies to assist with timely review of plans/projects -Also discuss expedited permitting ordinance. July 16, 2019 C. Vice Mayor Katz has requested to discuss future Dogs on the Beach Events - July 16, 2019 D. Dorothy Jacks, PBC Property Appraiser to address the Commission - August 6, 2019 E. Staff to present updated Social Media Policy - August 20, 2019 F. The Mayor has requested a discussion of possible changes to Seacrest Corridor zoning and land use - TBD 14. ADJOURNMENT Mayor Grant looked forward to seeing all at the 4th of July events. Motion There being no further business to discuss, Commissioner Romelus moved to adjourn. Commissioner Penserga seconded the motion that unanimously passed. The meeting was adjourned at 8:34 p.m. (Continued on next page) 19 Meeting Minutes City Commission Meeting Boynton Beach, Florida ATTEST ueenester Nieves Deputy City Clerk 6;w'Uz)L I 0,6ALti Catherine Cherry Minutes Specialist July 2, 2019 CITYQF,QOYNTON BEACH Mayor - Steve B. Grant Vicea i Katz �, 20 — Christina Romelus • C� aii'r� - • . Item Coversheet Page 1 of 1 ig ADMINISTRATIVE CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: REQUESTED ACTION BY COMMISSION: Approve tuition of $2000 for Commissioner Romelus to attend the PBC Leadership Engage Program. EXPLANATION OF REQUEST: Commissioner Romelus has been accepted into the Palm Beach County Leadership Engage program. The program tuition is $2300. Commissioner Romelus personally paid the application fee of $100 and was also awarded a scholarship of $300 from the Leadership PBC organization. Each class is made up of 50-55 motivated, informed and diverse professionals who are selected for their leadership and service within Palm Beach County and beyond. Participants meet for one full-day each month, from September to May, and travel as a group on a bus to all parts of the county as they explore program topics such as agriculture, public safety, and healthcare. Participants gain a deeper understanding of their own leadership styles. They also understand the ways in which they can be effective contributors to making significant improvements in our area. In addition, they build lasting professional relationships that result in innovative and collaborative problem solving. At the end of the year, many graduates consider the Leadership Engage Program to be a life changing experience —professionally and personally. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: The Commission has $8,000 remaining in business meetings account 001-1110-511-40-12. ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: https://boyntonbeach.novusagenda.com/AgendaWeb/CoverSheet.aspx?ItemID=6332 7/2/2019