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Minutes 08-06-19Minutes of the Regular City Commission Meeting Held on Tuesday, August 6, 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 1. Openings A. Call to Order - Mayor Steven B. Grant Lori LaVerriere, City Manager James Cherof, City Attorney Queenester Nieves, Deputy City Clerk Mayor Grant called the meeting to order at 6:31 p.m. Invocation - Pastor Alex Cericola, Healing for the Nation Pastor Cericola gave the invocation. Pledge of Allegiance to the Flag led by Commissioner McCray Roll Call Deputy City Clerk Nieves called the roll. All present. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Grant requested newly hired employees be introduced under 3 D. Commissioner McCray added a request for Community Support Funds before the Consent Agenda. Commissioner Penserga added a Palm Beach County Behavioral Health Coalition presentation by Alexa Lee and Chekuba Thukwuma to Announcements and Presentations. Commissioner Romelus requested removing Item 12 B, as the removal of term limits is not what was sought. She wanted to sit with the City Attorney for clarification on what the agenda item should be. Meeting Minutes City Commission Boynton Beach, Florida August 6, 2019 Mayor Grant confirmed anything related to it would need be reapproved to be put back on the agenda in the future. Vice Mayor Katz expressed concern a different version of the 2 Meeting Minutes City Commission Boynton Beach, Florida August 6, 2019 item to automatically come back. Commissioner Romelus repeated she wanted to sit down with the Attorney and she would like to bring it back up, but not in its current form. Attorney Cherof suggested moving the item to a Future Agenda Item. There was further brief discussion on the item. Commissioner Romelus was fine moving it to a Future Agenda Item. Vice Mayor Katz commented he received several emails about the item and he did not know anyone was present to speak to it. Commissioner McCray agreed. Mayor Grant commented he had a request to take it off the agenda and requested a motion and second for item 12 B. Motion Commissioner Romelus motioned to move the item to Future Agenda. The motion died for a lack of a second. . Commissioner McCray wanted a discussion about what occurred in Ohio and Texas and what protections City employees have when citizens threaten employees and elected officials. They should be treated like employees and human beings. He asked if there was something in place or someone to go to and if not, to put something in place. There was agreement to add a discussion about Active Shooters to New Business. Motion Commissioner McCray so moved. Vice Mayor Katz seconded the motion. The motion unanimously passed. 2. Adoption Motion Commissioner McCray moved to approve the Agenda as amended. Commissioner Penserga seconded the motion. The motion unanimously passed. 2. Other A. Informational items by Members of the City Commission Mayor Grant was unable to attend the last City Commission meeting and the Budget Hearings, but heard Vice Mayor Katz did great job running the meetings. When in Italy, he went to Farindola on the 8th and 10th of July. On July 25th, he attended the Electric Bus demonstration at Palm Tran headquarters. He attended a Palm Tran Service Board meeting and Painting with a Twist's Third Anniversary. He attended and commended the Fire Department's Explorers Open House. He spoke with the firefighter running the program and he is providing youth career education and training. On the 29th, Mayor Grant attended the Sister Cities meeting and was asked to judge the Carolina Ale House's Chicken Wing eating contest. The Ale House then advised him they had enough judges 3 Meeting Minutes City Commission Boynton Beach, Florida August 6, 2019 and asked if he wanted to participate in the contest, which he did and won. On August 1St, he attended a Police presentation made by Chief Gregory to provide service to Briny Breezes. The City did not get the contract, but believed the City was better off. He attended the Congress Middle School Jamboree and the St. John Missionary Baptist Church (SJMBC) for the Pathways to Prosperity (P2P) Back to School Bash, the mall for the opening of Boynton Beach Marketplace, and Metro PCS' Backpack Giveaway. Commissioner Penserga had no disclosures. Commissioner Romelus traveled to a Sister Cities Conference in Houston, Texas and was enlightened. She met officials from all over the U.S. and the world and there was discussions about trade, cultural, and policy exchanges. She spoke with Chief Gregory about safety and cameras in high crime areas and neighborhoods. George W. Bush was at the conference. He supports the Sister Cities program and initiatives where cities can interact with each other without federal or international channels. Her goal was to have an opportunity to highlight the relationships that are possible and take advantage of partnerships around the world. She wanted to continue the exchanges and show what Boynton Beach has to offer. She noted the 50th Anniversary of the Apollo 11 Lunar Landing. Commissioner McCray attended the opening session of the Florida East Coast Baptist Association Congress of Christian Education at the St. John Missionary Baptist Church. He praised Community Standards and Harry Woodworth from INCA about the car wash on Federal Highway that will be cleaned up. As of last night, there was a fence around the property. He praised the Boynton Beach Fire Department as at 5:30 a.m., his niece alerted him that the air conditioner was on fire. They got a chance to witness what the fire department does. He watched them on ladders above the flames and their lives were in danger. As a concerned citizen, he thanked them for keeping the citizens safe and evacuating nearby residents. The equipment requested by the Department was well worth it. Vice Mayor Katz attended a Quantum Park Property Owners Association meeting a week ago. 3. Announcements, Community and Special Events and Presentations A. Dorothy Jacks, PBC Property Appraiser to address the Commission Dorothy Jacks, Palm Beach County Property Appraiser, advised the City Manager requested she come and discuss trends in Palm Beach County and how property values impact Boynton Beach. Ms. Jacks explained Palm Beach County is growing, and is the third most valuable County in Florida and third in size. The County's market value is $276B. The taxable value is almost $2008. There was new construction county -wide of over $213. Each year, new construction is recalculated based on the prior year's construction. Overall, there was an increase of 5.7%. Boynton Beach's market value is 4 Meeting Minutes City Commission Boynton Beach, Florida August 6, 2019 $8.913. The taxable value is $6.213. New construction was $93M and there was a taxable increase of 7.44%, surpassing the County's average. The City's parcel count is 33K. Tangible accounts are business and personal property, which are taxable. Boynton has a number of registered businesses. Parcel count wise, Boynton Beach is the third largest City in the County, slightly ahead of Delray Beach and is in the top 10 cities, value -wise, in the County. Ms. Jack explained where value goes from market value to taxable value the City collects and noting the Save our Homes, Homestead Exemptions and non -homestead homes. The Property Appraiser now takes out exemptions, which are different than assessment reductions and the exemptions are then counted out. Homestead Exemptions are the biggest exemption. There is an additional homestead for low-income seniors for those that qualify. The Tangible Personal Property Exemption, exempts the first $25K of every business account. Other exemptions were very small. Ms. Jacks reviewed the demographic makeup of the City. In market values, residential is higher, but for taxable values, commercial property had the higher component. Ms. Jacks saw a steady increase in value of about 6% in the County, which was that way for the last three years. Apartment complexes are very popular and was where a lot of investment dollars are going. Twenty apartment complexes were added this year and 10 to 15 were anticipated to occur next year. Fast food restaurants had many renovations and last year the trend was improvements in gas stations and convenience stores. Downtown cores are hot. Hotels were experiencing the best business economy since the 1960's. Twenty hotels were added in the last two years, and there were industrial sector booms. Warehousing was doing well. The Property Appraiser's Office is changing their tax notice and the new notice will be mailed in the next few weeks. It is one sheet of paper with taxing authority information on one side and market value and all else taxpayers need to know about values, benefits, Save our Homes and Homesteads on the other. Mayor Grant thanked Ms. Jack's for coming. Vice Mayor Katz also thanked her attending and advised residents are interested in property tax information. B. Announce the following September 2019 meetings: Mayor Grant announced the following meetings: September 3rd Commission Meeting moved to Thursday, September 5th at 6:30 p.m. at Intracoastal Park Clubhouse to hold First Public Budget Workshop for FY 19/20 budget. Special Commission meeting on Tuesday, September 10, 2019 at 6:00 p.m. at Intracoastal Park Clubhouse to adopt Final Fire Assessment for FY 19/20. This meeting will be held immediately before the CRA meeting. 5 Meeting Minutes City Commission Boynton Beach, Florida August 6, 2019 Regular Commission Meeting on Tuesday, September 17, 2019 at 6:30 p.m. at the Intracoastal Park Clubhouse. C. Proclaim the month of August 2019 as Florida Water Professionals Month. (Commissioner Romelus left the dais at 7:03 p.m.) Mayor Grant read the proclamation acknowledging August as Florida Water Professionals Month. Present to accept the award was Joe Paterniti, Utilities Department. Mr. Paterniti accepted the proclamation on behalf of the 130 employees of the Department. (Commissioner Romelus returned to the dais at 7:05 p.m.) Mayor Grant thanked the Department as there was no flooding in the City with the amount of rain received recently. D. Introduction of New City Employees. Lori LaVerriere, City Manager, introduced Crystal Gibson, the new City Clerk and Adam Temple, Community Standards Director. Ms. Gibson handled Community Standards for Palm Beach Gardens and has prior experience as a City Clerk. She has a Master's Degree in Public Administration and is a Master Municipal Clerk. Ms. Gibson announced she was looking forward to working with everyone in the Clerk's Office. Boynton Beach is a beautiful city and is close to home. She looked forward to serving the City Commission. Commissioner McCray welcomed her. Ms. LaVerriere advised Adam Temple, the new Community Standards Director, comes from Doral Florida. He has a Master's Degree in Business Administration. He has been with Doral since it began as a city and he grew the Community Standards Division from the ground up. He has also served in the Navy. Mr. Temple thanked all for the opportunity to join the City. He was born in Boynton Beach, at Bethesda Hospital East and lived near Park Vista High School. He was excited to get to work in the City where he was born. Commissioner McCray noted Karen Proto is a new Community Standards Officer and she was doing a great job. Ms. LaVerriere thanked Deputy City Clerk Queenester Nieves for managing the Clerk's Office and Vestiguerne Pierre for managing Community Standards. E. PBC Behavioral Health Coalition. Alexa Lee, Palm Beach County Behavioral Health Coalition thanked the Commission for inviting them to speak on behalf of the Coalition. They just changed their name to encompass the services they offer. The organization started in the 80's to cover underage drinking and has expanded to all substance awareness. They were formerly known as Meeting Minutes City Commission Boynton Beach, Florida August 6, 2019 the Palm Beach County Substance Awareness Coalition. They currently address substance prevention, HIV education and prevention, and Mental Health First Aid Classes. They seek to break the stigma of mental health and substance abuse. They provide training education and advocacy in the community and have a stellar Teen Coalition in Action program. They use a strategic, evidence based and numbers -driven approach. Chekuba Thukwuma, Secretary for the Team Coalition in Action, works with the Palm Beach County Behavioral Health Coalition. Their goal is to help all understand the purpose of the Point of Purchase Ordinance is to ensure any establishment in Boynton Beach that sells alcohol, including convenience stores, bars, restaurants and hotel bars, has a sign that states the law regarding the sale of alcohol to minors. Alcohol is related to many causes of death including poisoning, drowning, suicide and homicide. The Coalition hosts compliance checks, which is when a member of the Coalition rides with the Police Department to locations that sell alcohol. The Coalition goes to the counter and ask to purchase alcohol. Often, the establishment sells it to them without requesting identification. This Ordinance will help them understand the severity of underage drinking and help make the community safer. The poster they have is the size of a standard sheet of paper with numbers to call to report people who sell alcohol to someone under 21 and it contains the penalties for breaking the law. Commissioner Penserga asked what other cities are adopting the Ordinance and about the success rate. Ms. Chukwuma explained the Ordinance was adopted by Greenacres, West Palm Beach, and unincorporated Palm Beach County. They receive calls to report people who have broken the law. The compliance has metric measures. It is relatively new for Boynton Beach. Mayor Grant queried if the Ordinance have a penalty if a business does not have the sign Ms. Lee explained the Ordinance is not penalty based and is geared for compliance with the law. It also builds a village. Palm Beach County has over 3,000 alcohol outlets and only about 4% are checked each year. If a compliance check was done, whatever laws that are in existence would apply. If a business is checked and passed, the Coalition sends them a letter. If they fail, they offer an online training. Mayor Grant thought, since Boynton Beach has breweries, everyone should be responsible when they drink. The Ordinance would not restrict selling alcohol. Mayor Grant wanted an Ordnance on a future agenda. Vice Mayor Katz requested the Ordinance be moved to the second meeting in September. Motion Commissioner Penserga moved to direct staff to bring forward an Ordinance as described by the speakers at the second meeting in September. Mayor Grant commented the Boynton Beach Mental Health Committee recently printed door hangers, so if anyone needed mental health awareness assistance, the information is there. There are also flyers next to the agenda. Attorney Cherof had a draft ordinance to work from. Commissioner McCray seconded the motion. The motion unanimously passed. 7 Meeting Minutes City Commission Boynton Beach, Florida 4. Public Audience August 6, 2019 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) Susan Ross, Schoolhouse Children's Museum, announced summer season is ending. The Town Square has affected memberships, birthday party bookings, and group visits. Access, parking due to construction and no outside play areas are the two major hurdles. In June and July, the Museum averaged 7% more general visits. It means the Museum, by paying close attention to expenses, was holding its own and was ending the third quarter in the black. The fourth quarter, with Ocean Avenue closed, is typically the slower season, although today they were very busy. Despite construction, the Museum drew 20,845 people to the Downtown since January and as always, they are ambassadors for the Downtown. She invited all to come play at the Museum. In response to a question, guests pay $5 admission per person. Dr. Stephanie Hayden-Adeyemo, 2181 SW 15th Avenue, Condo N102, Boynton Beach, Vice Chair of the Library Board was asked to inquire where the funds from the clothing donation bins go and inquired about the amphitheater at Sara Sims Park. She saw the post by the CRA talking about the Amphitheater that was recently placed on a low-level concrete slab and asked if it was the finished product. She went to the internet and found the stage was a certain distance from the floor and thought the park was being constructed on a layaway basis. Other parks have renovations. Ms. LaVerriere explained if the City received any funds from the clothing donations, they would go to the General Fund, and the City Commission can decide where to appropriate the funds. Dave Beasley, 190 South Blvd., Apt. B, wrote a letter to the Commission about the Building Department and its bad reputation. He thought Mike Rumpf and the Planning Department were great, but the Building Department was inconsistent. If he did submitted the same room addition 10 times, he would get 10 sets of comments when the Code does not change. He noted some plan reviewers are subbed out and if he has a question on a comment, the reviewer is not there to answer the question. Some of the comments are so miniscule, it is hard to find it. The intent of his letter was to improve the Building Department. The comments cited the Code. He does not encounter these issues in Delray, the County or in Greenacres. It is only in Boynton and Boynton has the worse reputation among the contractors he has worked with for 40 years. Harry Woodworth, 685 NE 15th Place, thanked Mr. Temple and Ms. Gibson and advised Mr. Temple and INCA will be friends. He like the new sound system in the Commission Chamber. He recognized Commissioner McCray for mentioning the issue with the car wash, but thought the heavy lifting was done by the City Manager and Community Standards. He announced the issue was getting better. Meeting Minutes City Commission Boynton Beach, Florida August 6, 2019 Tory Orr, 207 NE 1711 Avenue, Boynton Strong, appreciated the assistance from the City and its employees for helping them with their school supply drive for back to school. School supplies will be available the next day at the Carolyn Sims Center and the Ezell Hester Center. Commissioner McCray thanked Boynton Strong for their positive activities. Rae Whitely, 223 NE 12th Avenue, representing Healing Hands Ministry in Boynton Beach liked the City's outreach. He was aware the amphitheater was going to go to Sara Sims Park, but did not know it would look like it would. It was a good idea to recycle the amphitheater, but now it has to be reflective of Boynton Beach. Compared to Ocean Avenue, the amphitheater was a disservice to District II. He hoped all would do the right thing. Mayor Grant saw an amphitheater in Italy, and advised amphitheaters there look very different than what was on Ocean Avenue. He spoke with Mr. Groff and there are Americans with Disability Act requirements for the type of amphitheater dealing with square footage and seats available. An amphitheater in a neighborhood park is not meant to be the big amphitheater that was on Ocean Avenue. He advised there used to be parties at Sara Sims. The amphitheater there will still have the same amount of wattage and residents can still have family parties, but it is supposed to be a family park, not a festival center. The City Center Amphitheater can hold the amount of people that attend a concert, but it is not located next to residential homes. The City, CRA, and staff are doing their best to ensure all are pleased with the future outcome, but they do not want an amphitheater for large celebrations in a residential neighborhood. Mr. Whitely explained perception is reality and hoped all would do the right thing. Commissioner Romelus would like staff to inform the City Commission about the final vision. She understood the resident's concerns they are receiving a downsized version of the amphitheater. She wanted to know what plans they had for the future along with cost estimates of what could be done in regard to what residents were expecting. Commissioner McCray thought the City Commission needed to consider the use of the amphitheater on Ocean Avenue as it was not used that much. He requested staff report how many events took place at the amphitheater on Ocean. Commissioner McCray lives near Sara Sims Park and pointed out even without the amphitheater, residents had to put up with noise. He did not want his quality of life interfered with. Vice Mayor Katz praised staff and the City Manager as through cost savings in the project, thousands were allocated to move and place the amphitheater canopy in Sara Sims Park, which was not anticipated. The CRA staff appropriated an additional $40K to ensure it would look nice. It was the creativity of staff to install the addition and when the park opens, the community will be satisfied and have the ability to have small performances. Dr. Piotr Blass explained the City is in magnificent shape excluding, District II, which needs a lot of attention. He feels only law enforcement should have weapons in the City E Meeting Minutes City Commission Boynton Beach, Florida August 6, 2019 and noted the violence that occurred in EI Paso and Ohio. He is running for Mayor and advised the City is sitting on an enormous amount of energy in the Gulf Stream. Dania Beach tested and Lake Worth is attempting to put turbines at the bottom of the ocean to generate massive amounts of energy. Since he is considered one of the inventors of the World Wide Web, in three years, he is being considered for the Secretary General's position for the United Nations position as it will be available and as a dual citizen he is eligible to run. He has been making contacts. At home, the Mayors vision of a small quiet fishing town appealed to him more and more. As for the University of Boynton, he still does not have a building, but he has over 100 students. Minister Bernard Wright, 713 NW 2nd Street, President of Bernard Wright Ministries, noted before Vice Mayor Katz and Commissioner Romelus were elected, he had been advocating for a water park for years and was told they could not get one due to management and other issues, but the amphitheater was part of the discussion. He advocated for it for years and finally got the amphitheater and thought they could generate funds for concerts and things of that nature. He advised it is in the minutes and the Commission knew the community wanted an amphitheater. He did not want the City to use the ADA requirements to prevent them putting it there. He commented it was concrete and the park cost $1.7M. He loves the park and is running for the City Commission District II. He asserted Commissioner McCray knew about the amphitheater and felt the District was always being disenfranchised. He contended the amphitheater for the Town Square was white town and an amphitheater at Sara Sims Park was a historic area that would serve the neighborhood well. He felt it was racism and District II gets less not the best. An amphitheater was not a fancy pavilion. Minister Wright contended it is a great park, but they want to generate revenue in the community. They want a concert and individuals do not want to perform on the ground; they want a stage. He hoped the City Commission would do the right thing and give them the entire amphitheater and not half of it. 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. Motion Vice Mayor Katz nominated Joshua Van Lueten to the Recreation and Parks Advisory Board. The motion unanimously passed. B. Community Support Funds. Commissioner McCray offered a disclaimer advising this conference is being held at the St. John Missionary Baptist Church (SJMBC), where he is a member, but it has nothing its] Meeting Minutes City Commission Boynton Beach, Florida August 6, 2019 to do with the Church; it has to do with all of the youth in the community of the City. He was aware the National Night Out was cancelled and he thanked the youth present to let them know what they were doing in the City. He noted Ms. Levers was a graduate of Florida State. Lynne Leverette explained the Church always wanted outreach to engage students in programs that help and assist. She advised this was the first conference they reached outside the Palm Beach County area and they advertised in West Palm Beach, Lake Worth, Delray and B Lynton Beach to bring at -risk youth together. They had discussed leadership, financial empowerment, and social justice as they believe the YZ generation are the ones that speak out. The goal is to listen to concerns and from the youth conference, discuss what they are concerned about and build foundations and programs in the community to help students in the community and surrounding areas. The following youth spoke on behalf of the program: o Sarah Thurston o Tristen Ford o Tamarra Johnson Commissioner McCray commented this was presented to the City Manager who stated the City did not have funds for the program, but Discretionary Funds could be used. Commissioner McCray had $1,000 left to invest in the present and future of the City. He requested the Police and Fire Chiefs contact this group. Motion Commissioner McCray moved to approve the $1,000 donation. Commissioner Penserga seconded the motion. The motion unanimously passed. 6. Consent Agenda Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. Proposed Resolution No. R19-079 - Assess the cost of nuisance abatement on properties within the City of Boynton Beach. B. Proposed Resolution No. R19-080 - Approve and authorize the Mayor to sign the Lease Agreement between the City and Yachtsmans Properties to allow the Police Department's Neighborhood Officer Program and Crime Prevention to occupy Unit 12 of Ocean Palm Plaza, 1550 North Federal Highway for a fixed annual rent of $1 plus an estimated $578 per month operating expenses. 11 Meeting Minutes City Commission Boynton Beach, Florida August 6, 2019 C. Proposed Resolution No. R19-081 - Approve the ranking as recommended by the Selection Committee and authorize the City Manager to sign agreements with the four (4) top ranked proposers: Johnson -Davis, Inc.; Centerline Utilities, Inc.; Gianetti Contracting Corporation; and Florida Design Drilling Corporation in order to establish a pre -qualified list of vendors in accordance with Request for Qualifications (RFQ) No. 028-2821-19/MFD "Pre -Qualification of Contractors for Minor Utility Construction Services" for utility projects up to $300,000, individual projects not exceeding $75,000 will be awarded by the City Manager and projects exceeding $75,000 will be brought back to commission for award. D. Proposed Resolution No. R19- 082 - Adopt the City of Boynton Beach's Community Development Block Grant (CDBG) application for funding authorizing the City Manager's execution and the activities submitted in the City of Boynton Beach's One Year Action Plan for FY2019-2020. The anticipated Community Development Block Grant allocation is $529,565. E. Approve the early purchase of replacement vehicle as proposed in fiscal year 2019-20 budget in the estimated amount of $34,182.33 by utilizing the following contract: Florida Sheriff's Association Contract #FSA18-VEL26.0 for one (1) Police K-9 vehicle. F. Authorize the Finance Department to reduce the allowance of uncollectible accounts and the account receivable accounts by $238,018.39. This amount reflects unpaid roll off billings that have been in collections from FY06/07 to FY14/15. G. Approve the minutes from City Commission meeting held on July 16, 2019. Motion Vice Mayor Katz moved to approve. Mayor Grant pulled Item D. Commissioner Romelus seconded the motion. The motion unanimously passed. Mayor Grant noted this year, the City will receive $529K in federal funding, and that was one reason why it is so important for all to participate in the Census. He would like the Community Improvement Manager to look into childcare assistance. He noted there are a lot of different childcare services and preschool to ensure all have access. Commissioner McCray commented this is one of Octavia Sherrod, Community Improvement Manager's last meetings and he thanked her for her service. Octavia Sherrod, Community Improvement Manager, Mayor Grant also thanked her for her services. Ms. Sherrod explained it has been a pleasure to serve as not many people get to do what she has done for 30 years. Due to the City's Entitlement status, she has been able to help improve the quality of life for residents with Community Development `M Meeting Minutes City Commission Boynton Beach, Florida August 6, 2019 Block Grant (CDBG) funds. She has lived in the City for 27 years and started out as a contract employee. She has had the most amazing co-workers. When she deals with her peers in the state, no one has a finer Finance Department. She has grown fond with Mr. Howard, Assistant City Manager. Mike Rumpf has been her friend and her brother. She has worked for the best City Managers and Lori LaVerriere has been very supportive of the programs they implemented. This City Commission has been good too. She is excited and sad to leave. Thanks to the co-workers in her group, she was number one in the State of Florida for her March of Dimes fundraiser. She was grateful and thankful. 7. Consent Bids and Purchases over $100,000 A. 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 August 06, 2019- "Request for Extensions and/or Piggybacks." Motion Vice Mayor Katz moved to approve. Commissioner McCray seconded the motion. The motion unanimously passed. 8. Public Hearing 7 P.M. or as soon thereafter as the agenda permits the City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 9. City Manager's Report - None 10. Unfinished Business A. Commissioner Penserga is requesting the Commission reconsider the following action the Commission took on July 2, 2019: Award of Insurance Broker Services, RFP 017-1710-19/MFD. Motion Commissioner McCray moved to reconsider. Commissioner Penserga seconded the motion. The motion passed 4-1, (Commissioner Romelus dissenting.) Commissioner Penserga requested this item be reconsidered because the applicants were not informed their item was being discussed. Julie Oldbury, Human Resource Director, was not present and he thought the best policy is to ensure the Company was aware the item would be discussed and the process would be consistent. 13 Meeting Minutes City Commission Boynton Beach, Florida August 6, 2019 Commissioner Romelus understood reaching out to an applicant is a courtesy, but not a requirement. She suggested the City Commission discuss it as a policy matter. Mayor Grant asked about notice requirements. Attorney Cherof explained it is the responsibility of someone who wants to know what is on the agenda to look and see what is on the agenda. There is constructive knowledge that the agenda is posted on the website after 5 p.m. on Fridays preceding the City Commission meetings. Julie Oldbury, Human Resource Director, advised was on vacation and unaware the item was on the agenda. They have had staff turnover and normally they would have that communication as she prefers the parties be present. Commissioner Penserga noted the scoring tabulations and saw the others on the team scored about the same, but Ms. Oldbury showed the greatest amount of discrepancy. Ms. Oldbury explained all approach scoring differently because the selection panel members do not confer with one another. She tends to take a systematic approach and scores the first person with the highest of 30 points, second 25, third 20. Others may score their highest vendor 30, the second 29 and the third 28. She rated Gehring number one as did the Risk Manager and the Finance Director. The City has worked with Gehring who is the incumbent. They have provided excellent services regarding risk consulting. They were able to access markets that Gallagher, who was also a former consultant, was not able to in the past. The value of that is tremendous as they significantly reduced the City's insurance premiums. They were also able to secure a two-year rate guarantee, which is carrying through to September 30, 2020. She has no experience with the third vendor so she could not give any statement. Commissioner McCray learned the Gehring Group saved the City about $200K. Vice Mayor Katz agreed with Commissioner McCray as they both recommended the panels selection. Even though the final scores were negligible, the second highest scorer was inflated due to a lower cost rating. In terms of merit and the recommendations from the panel, there are many of technical items. He thought if the City Commission does not adhere to expert advice from qualified personnel, a slippery slope is created because cost was the only factor and merit is a secondary factor. He urged anyone who voted to oppose The Gehring Group to reconsider their vote. Elected officials are not experienced in insurance brokering and he trusted staff. There was agreement to hear short presentations. Brian Cottrell, Public Risk Insurance Advisors, and Kurt Gehring, CEO, Gehring Group and Rodney Lewis, Senior Benefit Consultant Gehring Group were present and made presentations. Commissioner McCray noted former Risk Manager Chuck Magazine always spoke highly of the Public Risk Insurance Advisors. 14 Meeting Minutes City Commission Boynton Beach, Florida Motion ust 6, 2019 Commissioner Penserga moved to award the bid to the Gehring Group, Vice Mayor Katz seconded the motion that passed, vote 3-2 (Mayor Grant and Commissioner Romelus dissenting.) 11. New Business A. Vice Mayor Katz has requested to discuss future Dogs on the Beach Events (Tabled to 816119) Motion Vice Mayor Katz moved to remove from the table. Commissioner Penserga seconded the motion. The motion unanimously passed. Vice Mayor Katz mentioned there was an event last December he was unable to attend. He supported the trial event and based on responses from staff and participants, people had positive views. He wanted people to have multiple opportunities to allow dogs on the beach. Mayor Grant agreed and suggested a minimum of two or three events on a Saturday morning between 9 and 12. Mayor Grant attended and commented it was a great. He thought it was to the City's benefit to allow dogs at the beach from time to time and although there are very vocal opponents, most people support dogs on the beaches. Commissioner Penserga supported two or three events. Wally Majors, Recreation and Parks Director was amenable to holding two or three events, but the challenge was turtle nesting season as they could not guarantee they could keep the dogs away from the nests. Commissioner Penserga suggested scheduling events away from the season and providing fencing to contain animals on one end of the beach. Mr. Majors agreed. They would apply the same parameters as was previously used. It was noted turtle season is March to the end of October. Mayor Grant pointed out Lake Ida Dog Park had sponsors. He asked if Parks and Recreation could find sponsors for the events such as veterinarians and dog groomers. Mr. Majors responded the bulk of the cost was for labor and he thought sponsors could be found. Motion Vice Mayor Katz moved to plan three dog events for next year. Commissioner Penserga seconded the motion. Commissioner McCray noted dogs swallowed salt water at the beach and threw up and he would vote no. The motion passed 3-2 (Commissioners McCray and Romelus dissenting.) 15 Meeting Minutes City Commission Boynton Beach, Florida August 6, 2019 Mayor Grant thanked Mr. Majors for the tractor burying the seaweed, but requested it be addressed earlier in the day. Mr. Majors agreed to contact the vendor to see if they could get the tractor there earlier. F. The Mayor would like to share some information he obtained on his trip to Farindola, Italy. He also requests the Commission's consideration of naming Farindola, Italy as a Sister City. Mayor Grant gave a brief presentation, advising Farindola is a two and a half hour car ride northeast of Rome. Italy created a new autostrata (highway) so the trip to Farindola was fairly easy to reach. It is surrounded by protected forests. He was with a local vendor who makes honey. Farindola is 500 meters above sea level so there are different flowers and the honey is unique. Farindola was founded in 1300/1400 as a Renaissance City. It is a city rich in history and they invite celebrity chefs to serve at their festivals. Farindola has their own water utility. They do not have to treat the water due the mountains and glacier melts. Farindola has an International Art Festival. The festival members select different artists from around the world to come to Farindola and share their experiences. It is a millennial city like Boynton Beach, having good electricity, water, internet and Amazon does delivers. He brought back a handmade painted tea set from Castillo. It made him want to show off more of Boynton Beach's artwork. Each teacup has its own scene and house, and a saucer and a plate. When the new City Hall is constructed, it could be displayed as well as the pagoda from Qu Fu, China and other artwork from Boynton Beach's Sister Cities. Mayor Grant spoke with the City Manager. It adds no additional cost to send a letter to Farindola requesting they be Boynton's Sister or Twin City. Motion Commissioner Romelus moved to approve Farindola, Italy as a Sister City. Commissioner Penserga seconded the motion. The motion unanimously passed. G. Active shooters. Michael Gregory, Police Chief, explained active shooters are one of the biggest and most dangerous threats for the Department. The Department has rigorous training programs, which includes defensive tactics, handgun training, firearms, tactical training and tactical procedures. It involves familiarization of equipment they need to carry and the purchase and renewal of equipment items such as tourniquets, quick clot, and ballistic vests. The Department monitors the life cycle of several items to replace as necessary. The Department first has to ensure first responders can respond with equipment and training. Training had occurred within the last three years, but now City Hall has moved and the City Manager requested the department review and conduct new training for staff in the new facilities. The Department will revisit the national FBI training and fight protocols. 16 Meeting Minutes City Commission Boynton Beach, Florida August 6, 2019 Commissioner McCray asked how employees or elected official should react when hostile citizens approach them and what was in place to protect them. Ms. LaVerriere explained from a customer service standpoint, employees are trained to de-escalate the situation as best as possible if citizens become irate. Employees are instructed if feeling threatened to call 911. In some instances, individuals have been removed and trespass warned. Mayor Grant saw cruisers in front of the movie theater and Home Depo. He inquired if the Department reached out to different plaza owners for extra security and learned it is part of strategic patrol initiatives. The Department reviews crime patterns and locations throughout the day. Commissioner Penserga asked if the City could handle an active shooter situation and if the Department has enough staff and equipment. Chief Gregory commented the Department has appropriate staff and there is always something else to review. Vice Mayor Katz thanked Commissioner McCray for bringing the item up and emphasized the importance of if you see something, say something. Employees should know if they interact with anyone who threatens them they should document it and report it. These situations should not be tolerated. Ms. LaVerriere noted if a resident calls irate and says scary things, they immediately call the Police. The City has caller identification and the Police usually pay the caller a visit Commissioner Romelus asked about the fastest way to get in touch with the Police and was told to call 911. The new facilities will have panic buttons. The Commission observed a moment of silence for the shooting victims in Ohio and Texas. 12. Legal A. City Commission is requested to review the Lien Modification Order issued by the Special Magistrate at the July 17, 2019 hearing for case # 13-1724. Simone DeSousa attended a hearing before the Code Special Magistrate. She requested to eliminate a lien on a property she purchased a year and a half ago. The lien was reduced, but was still substantial to her so she opted to present the case to the City Commission. The property was fire damaged and dilapidated with all kinds of transients using the premises. She renovated the property over a year ago and all was brand new, with many new amenities and all with permits. She spent over $160K on the property on NE 11th Avenue. Mayor Grant looked at the violation and noted the violation was because someone did not have a Business Tax Receipt (BTR.) Ms. DeSousa has a BTR. Ms. DeSousa paid all the fines except for the $200 a day fine. Ms. DeSousa responded the fines were from two owners before. Vestiguerne Pierre, Community Standards Supervisor, explained the applicant paid all of the City's costs. Commissioner McCray inquired if Ms. DeSousa had a title search 17 Meeting Minutes City Commission Boynton Beach, Florida August 6, 2019 conducted as it should have showed a lien. Ms. DeSousa thought the title company they closed with should have done conducted the search. Commissioner McCray moved to eliminate the fines. Commissioner Romelus seconded the motion and commended her for the work done. Mayor Grant noted she purchased the property and received a Warranty Deed which indicates the seller has the expense of the encumbrances. Attorney Cherof explained there would be recourse against a seller who sells a property with knowledge of the lien. Mayor Grant asked if the Commission could request the applicant assign the City the right to seek the funds. Attorney Cherof explained it would be of no effect to do so. Mayor Grant asked if the applicant would mind if the City could collect the monies owed. Officer Pierre explained there was a case history. The owner knew about the lien when she bought the property. Commissioner McCray reiterated it has been the City's practice, since the property is up to Code, to provide loan forgiveness. Vote The motion unanimously passed. The fine was reduced to zero. B. Provide information concerning elected officials terms of office to Commission. Commissioner Romelus explained no one was trying to remove term limits. The intent of the residents who appeared was to allow for transitions to occur where a Commissioner does not have to step down before running for a different office. The intent was to not remove term limits. The following individuals spoke in support of term limits: o David Combs, 334 SW 11th Avenue; o Harry Woodworth, 685 NE 15th Place; o Susan Oyer, 140 SE 27th Way; o Dr. Stephanie Hayden-Adeyemo, 2181 SW 15th Avenue, Condo N102; o Barbara Ready, 34001 Baez Bay- o David Katz, 67 Midwood Lane; and o Golene Gordon, 230 Lake Monterray Circle. Commissioner McCray favored term limits. When Commissioner Penserga replaced former Commissioner Casello, he informed him the change was a breath of fresh air. Mayor Grant agreed whatever laws that are in place regarding term limits should remain. The Charter Review Committee had made recommendations in the past, but term limits was not one of them. I FQ Meeting Minutes City Commission Boynton Beach, Florida August 6, 2019 Vice Mayor Katz understood both sides of the issue and felt term limits was a necessary rule to prevent bad apples in politics. There are consequences to change and the City runs staggered elections. It also means that his seat will terminate the same time as the Mayor's and he could transition easily, but not the other two seats. The City also cannot have all five elections on the same cycle, which would require extending the term of some of the commissioners. The Mayor wanted to ask about compensation for officials. Vice Mayor Katz liked the current system. Six years is a long time to get things done. He thought this commission accomplished more than any other commission and the President cannot change the constitution. He thought the City was moving in a good direction. Commissioner Penserga was opposed increasing the number of consecutive terms or the duration of terms one may hold now and in the future. He also opposed to putting it on the ballot. He did not want anyone playing musical chairs as it pertained to the on -year sit out rule. On paper, the term limits for each positions are the same and the duration is the same, effectively it will hold the seat and power for 12 years. He opposes any changes in the system at this time. C. Proposed Ordinance No. 19- 025 — First Reading - Approving amendments to the Land Development Regulations, Chapter 2. Article I, Section 4. Expedited Development Review Program, inserting additional eligible projects and benefits, and eliminating redundant verbiage and requirements. Attorney Cherof read Proposed Ordinance No. 19-025 by title only on First Reading. Mike Rumpf, Development Director, explained the Ordinance stared out to accommodate industry clusters. It was amended years later to include workforce housing, and then amended for projects classified as green and sustainable housing. Mr. Rumpf reviewed the changes and a time line. Communications and information technology was combined. Manufacturing/Fabrication and Processing category was added. Mixed use Development was added as a qualified project for projects both in and outside of the CRA District. There were some edits to remove redundancies. There were tools available to shorten a review process. Based on calendar days, dates hearings are held during the month, and holding special Planning and Development Board meetings, staff could shorten the review process by four to five weeks. Staff is not in total control of the process as the applicant needs to respond to comments and supply complete applications. Staff has condensed staff periods reducing reviews from three weeks to less than two weeks. For simple or complete projects, if staff can accept comments going through the site plan process with comments ending up in the permit process, staff can change from a double review to a single review. The calendar is planned out so if you conclude at that point, the review is completed. Staff reports are assembled and the project proceeds to the Planning and Development Board. Mr. Rumpf had skipped over pay for overtime plan review contingent on having reviewers or the private sector was also a possibility. Affidavit of compliance is new which staff was evaluating. Mayor Grant asked if the City requires insurance if an affidavit is signed and a mistake is made and learned the affidavit commits 19 Meeting Minutes City Commission Boynton Beach, Florida August 6, 2019 the developer to comply and they would have to reverse the error and correct it. Mr. Groff explained the contractor or developer would be smart to purchase insurance for errors and omissions, but the City does not require it. If they do not meet the Code, they will be red tagged. Mayor Grant asked if the City could encourage people to get insurance. Good developers will want to move forward. Mayor Grant suggested they discuss this at the second reading. Mr. Rumpf advised they contemplated these problems and the time line. Delayed submittal/early starts were also reviewed. Staff is nearing acquiring equipment to allow for electronic plan submittals. Mayor Grant asked about eligible uses, businesses and financial services non -retail, and learned non -retail business and financial services were banks and financial institutions; not general offices. The list was more geared to industry sectors. The Ordinance is specific to uses, but is vague as to the mechanics. There could be some interpretations about businesses. Mayor Grant asked about large buildings for commercial or industrial uses and expedited permitting process. Mr. Groff explained it would be a redevelopment project if it was five acres. If the project was less than five acres it currently would not apply. If there are several vacant properties, they could be joined together for a master plan. The process will encourage some properties to be joined together. Mayor Grant wanted, as it pertained to the Toys r US site, to reduce the size from five acres to four acres. Mr. Rumpf explained they have reviewed most components in the past, and they meet special demand when they have come along. Mr. Rumpf explained he met with staff and there are ideas. The City can have a more formalized process. Motion Commissioner McCray moved to approve motion. Deputy City Clerk Nieves call the roll. Vote The vote was 5-0. Commissioner Penserga seconded the D. Proposed Resolution No. R19-083 - Authorize Mayor to execute land swap agreement between the City of Boynton Beach and Sarah Williams; Authorize the Mayor to execute deed transfer from the City of Boynton Beach to Boynton Beach CRA. Motion Commissioner McCray moved to approve. Commissioner Penserga seconded the motion. All parties were in agreement and the parcels were the same size. The motion unanimously passed. 20 Meeting Minutes City Commission Boynton Beach, Florida August 6, 2019 E. Proposed Ordinance No. 19-022 — First Reading - Adopting amendments to the City's Land Developrr.ent Regulations, Chapter 2, Article II, Section 4.F pursuant to the Voluntary Compliance and Conciliation Agreement with the Department of Housing and Urban Development (HUD). Attorney Cherof read Proposed Ordinance No. 19-022, by title only on First Reading. A11=0 Commissioner Romelus moved to approve. Commissioner McCray seconded the motion. The motion unanimously passed. Deputy City Clerk Nieves called the roll. Vote The vote was 5-0 F. Proposed Ordinance No. 19-023 — First Reading - Approve proposed amendments to the City's Code of Ordinances, Chapter 2, Administration, Section 2-24 - Non -Discrimination Policy for consistency with the City's administrative Non - Discrimination Policy pursuant to Resolution No. R19-071, which Commission approved on July 2, 2019. Attorney Cherof read Proposed Ordinance No. 19-023 by title only on First Reading. Motion Commissioner McCray to approve. Commissioner Penserga seconded the motion. Deputy City Clerk Nieves called the roll. Vote The vote was 5-0. G. Proposed Ordinance No. 19-024 — First Reading - Adopting amendments to the City's Land Development Regulations, Chapter 3. Zoning, Article IV, Section 3.13.2 clarifying the ability for an accessory use to be conducted outside a building within abutting road and canal rights-of-way. Attorney Cherof read proposed Ordinance No. 19-024 b title only on First Reading. 21 Meeting Minutes City Commission Boynton Beach, Florida August 6, 2019 Motion Commissioner McCray moved to approve. Commissioner Penserga seconded the motion. Deputy City Clerk Nieves called the roll. Vote The vote was 5-0. H. Proposed Ordinance No. 19-026 - First Reading. Approval of Ordinance modifying the original powers and responsibilities of the Quantum Park Overlay Dependent District but reserving the District's authority to manage outstanding debt. Attorney Cherof read Proposed Ordinance No. 19-026 by title only on First Reading. Motion Commissioner Penserga moved to approve. Commissioner McCray seconded the motion. Attorney Cherof advised he will return a slightly changed version at the next meeting. There should be a clause that indicates transfers are to the City of Boynton Beach which is the outcome of dissolving the Board. He thought the City Commission should consider if the City Commission could substitute in for the Board Members because the only purpose left would be to administer the debt. The rest of the activities would be taken on by the City anyway, and it may be appropriate for the City Commission to serve in that dual role. Mr. Groff explained the Board voted to move the Ordinance to the City Commission. There are three steps: remove the maintenance responsibility, once the land is transferred to the City and the suggested language is needed. As the Board Chair, Mr. Groff explained the Board is recommending the Board sunset and the Board's attorney recommended sunset by September 30, 2020 as the latest date they could dissolve. The Board wants to dissolve the minute the debt is paid off which would be October or November 2019. As to any liabilities, the Board is recommending setting up a trust for the City to use to pay any liabilities. After the bond is paid, Mayor Grant suggested the City Commission dissolve the Board. Vice Mayor Katz agreed, but wanted the Board to contemplate transferring some of the start-up cost for the eco park or maintenance costs to the City's Parks and Recreation Department in the future because the City will not have $500K to develop the park. It was just a land transfer without a mean to pay for its start-up. 22 Meeting Minutes City Commission Boynton Beach, Florida August 6, 2019 Deputy City Clerk Nieves called the roll. Vote The vote was 5-0. 13. Future Agenda Items A. Staff to present updated Social Media Policy - August 20, 2019 B. Commission wants to discuss security as it relates to the Town Square Redevelopment — August 20, 2019 C. Department to give brief presentation of their operations Library - September 2019 D. Staff will present some options for use of our innovation space at the new city hall (1600 sf). August 20, 2019 14. Adjournment Motion Commissioner McCray moved to adjourn. Commissioner Penserga seconded the motion. The motion unanimously passed. The meeting was adjourned at 9:46 p.m. (Continued on next page) 23 Meeting Minutes City Commission Boynton Beach, Florida August 6, 2019 ton-BezEh r - Steven, B. Grant =-Justin- sion`ar - ack NWray Commissionir' Christina Romelus ATTEST n x VcKstal Gibson, ty C Clerk $OYN�O d ' Catherine Cherry Minutes Specialist 23