| | | | | | | | | The City of
Boynton Beach | |
City Commission Agenda Wednesday, November 7, 2018, 6:30 PM
Intracoastal Park Clubhouse 2240 N. Federal Highway Regular City Commission Meeting
| Boynton Beach City Commission | Mayor Steven B. Grant (At Large) Vice Mayor Christina L. Romelus (District Ill) Commissioner Justin Katz (District I) Commissioner Mack McCray (District II) VACANT (District IV)
Lori LaVerriere, City Manager James Cherof, City Attorney Judith A. Pyle, City Clerk
| *MISSION* To create a sustainable community by providing exceptional
municipal services, in a financially responsible manner.
www.boynton-beach.org
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| | | | | | | | | WELCOME
Thank you for attending the City Commission Meeting
GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT
CITY OF BOYNTON BEACH COMMISSION MEETINGS | THE AGENDA:
There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action.
- Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group.
- Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda.
- Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote.
SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described.
City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue. Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission - Time Limit - Three (3) Minutes Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, presentations and first reading of Ordinances - Time Limit - Three (3) minutes
ADDRESSING THE COMMISSION:
When addressing the Commission, please step up to either podium and state, for the record, your name and address.
DECORUM:
Any person who disputes the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over-ruled by the majority vote of the Commission members present.
Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session.
City Commission meetings are held in the Intracoastal Park Clubhouse, 2240 N. Federal Highway, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day).
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| | | | | | | | | 3. | ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS | | | |
| | | | | | | | | | A. | Commission to declare the vacancy of Commission District IV seat. | | | | | | | | | | | | | | B. | Proclaim November 15, 2018 as America Recycles Day. | | | | | | | | | | | | | | C. | Proclaim November 10-18, 2018 as National Hunger and Homeless Awareness Week. | | | | | | | | | | | | | | D. | Announcement by Mary DeGraffenreidt, Events and Programs Manager, regarding the 48th Annual Holiday Parade and Grand Marshal entry form upcoming deadlines. | | | | | | | | | | | | | | E. | Announce that Palm Beach County Property Appraisers office will be manning a table at the Senior Center to provide Boynton Beach residents with information on how to file for Homestead Exemption from 1:30pm - 2:30pm on the following dates:
Tuesday, November 13, 2018; and
Tuesday, December 11, 2018 | | | | | | | | | | | | | | F. | City Hall will be closed on Veterans Day, Monday, November 12, 2018. | | | | | | | | | | | | | | G. | City Hall will be closed for the Thanksgiving holiday on Thursday, November 22 and Friday, November 23, 2018. | | | | | | | | | | | | | | H. | Announcement by Eleanor Krusell, Public Communications and Marketing Director, regarding this year's theme of the City's Annual Calendar. | | | | | | | | | | | | | | I. | Announcement by Eleanor Krusell, Public Communications and Marketing Director, regarding the City Hall Demo Watch Party. | | | | | | | | | | | | | | J. | Announce the annual reappointment of those advisory board seats with terms expiring in December 2018. The following boards will have openings:
- Arts Commission,
- Building Board of Adjustments and Appeals,
- Citizens Oversight Committee
- Community Redevelopment Agency Advisory Board
- Education and Youth Advisory Board,
- Golf Course Advisory Committee
- Historic Resources Preservation Board
- Firefighters' Pension Trust Fund Board,
- Police Officer' Retirement Trust Fund
- Library Board,
- Planning and Development Board,
- Recreation and Parks Board and
- Senior Advisory Board.
Information on the boards and applications are available online. Applications can also be taken at the City Clerk's office in City Hall or sent to cityclerk@bbfl.us. All applicants must be registered voters in Palm Beach County.
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| | | | | | | | | | 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) | | | |
| | | | | | | | | | Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments | | | |
| | | | | | | | | | A. | PROPOSED RESOLUTION NO. R18-156 - Approve and authorize the City Manager to sign a land use agreement between the City of Boynton Beach and Ocean One, LLC for the 48th Annual Holiday Parade to be held December 1, 2018. | | | | | | | | | | | | | | B. | PROPOSED RESOLUTION NO. R18-157 - Authorize the City to apply for the 2018 Assistance to Firefighters Grant (AFG) for a total cost of $529,282 of which the grant would be $481,166 and the City would match $48,116. | | | | | | | | | | | | | | C. | PROPOSED RESOLUTION NO R18-158 - Approve Task Order No. UT-2C-01 to CDM Smith in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category C awarded by Commission on August 7, 2018 for work in connection with Hydraulic Evaluation of Downtown Stormwater System not to exceed $62,040. | | | | | | | | | | | | | | D. | PROPOSED RESOLUTION NO. R18-159 - Authorize the City Manager to sign a Piggyback Agreement with Caterpillar, Inc. and a Purchase Order for rental of a 1.000 Kilowatt (KW) emergency backup generator and cables at the East Water Treatment Plant (EWTP) from Pantropic Power Cat in Miami, FL for a monthly cost of $7,866, or an annual cost of $94,392. | | | | | | | | | | | | | | E. | PROPOSED RESOLUTION NO. R18-160 - Amend the FY 2017-2018 budget, which will adjust budgeted appropriations and revenue sources and provide spending authority for Department or Fund Operating and Capital Budget.
| | | | | | | | | | | | | | F. | PROPOSED RESOLUTION NO. R18-161 - Approve the City of Boynton Beach becoming a member of the American Flood Coalition. | | | | | | | | | | | | | | G. | PROPOSED RESOLUTION NO. R18-162 - Approve First Addenda to Agreements to add Scrutinized Companies language to all agreements entered into or renewed on or after July 1, 2018. | | | | | | | | | | | | | | H. | PROPOSED RESOLUTION NO. R18-163 - Approve and authorize the City Manager (or designee) to apply for the State permit necessary to temporarily close Federal Highway on Saturday, December 1, for the 48th Annual Holiday Parade. | | | | | | | | | | | | | | I. | Approve the purchase of the Diesel Exhaust Capture System, “Plymovent” for Fire Station No. 3, for an estimated amount of $49,995.00 from Safe Air Corporation of Sarasota, FL as a sole source vendor.
| | | | | | | | | | | | | | J. | Approve purchase of four (4) Gear Dryers from Ram'd Air Gear Dryer, Ltd of Brandon, Manitoba, Canada for an estimated amount of $35,799.29 as a sole source vendor. | | | | | | | | | | | | | | K. | Approve utilization of the first extension of the City of Tamarac Two Year Agreement R-2016-99 (Bid No. 16-25B) for "Lime Sludge Removal, Hauling and Disposal" with WestWind Contracting, Inc. of Pembroke Park, FL for the removal of lime sludge at the East Water Treatment Plant for an estimated annual expenditure of $95,000. The Finance Department has reviewed and determined that The City of Tamarac procurement process satisfies the City's competitive bid requirements. | | | | | | | | | | | | | | L. | Approve purchasing from Classic Controls of Lakeland, FL for Yokagawa Instrument Products for an estimated annual amount of $40,000 as a sole source vendor. Classic Controls is the authorized dealer for this equipment in the State of Florida. | | | | | | | | | | | | | | M. | Approve utilizing the State of Florida contract no. 41120000-15-ACS with Fisher Scientific Company, LLC for the purchase of consumable laboratory supplies for the Utilities Department, for a not-to-exceed amount of $45,000. The City of Boynton Beach's (City) purchasing policies allows for the utilization of State of Florida contracts.
| | | | | | | | | | | | | | N. | Approve release of two (2) performance bonds provided by First Genesis Lawn Service, Inc., one in the amount of $40,325.00, and the other in the amount of $111,230.00, for landscape maintenance in the City over the last five years. | | | | | | | | | | | | | | O. | Accept the written report to the Commission for purchases over $10,000 for the month of September 2018.
| | | | | | | | | | | | | | P. | Approve the purchase of replacement vehicles as approved in the fiscal year 2018-2019 budget in the estimated amount of $394,142 by utilizing the following contracts: Florida Sheriff's Association Contract #FSA18-VEL26.0 and FSA18-VEH16.0 for nine (9) replacement vehicles. The Florida Sheriff's Association Contracts satisfies the City's competitive bid requirements.
| | | | | | | | | | | | | | Q. | Approve the minutes from City Commission meetings held on October 2, October 17 and October 31, 2018. | | | | | | | | | | | |
| | | | | | | | | 7. | BIDS AND PURCHASES OVER $100,000 - None | | | |
| | | | | | | | | | 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS
The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. | | | |
| | | | | | | | | | A. | PROPOSED ORDINANCE NO. 18-028 - SECOND READING - Approve the Cottage District Alley Abandonment (ABAN 18-001) allowing abandonment of the unimproved 15-foot wide alley running east / west from Seacrest Boulevard to NE 1st Street, between NE 4th Avenue and NE 5th Avenue. Applicant: Michael Simon, CRA Executive Director.
| | | | | | | | | | | | | | B. | PROPOSED ORDINANCE NO. 18-029 - SECOND READING - Approve 1320 S. Federal Highway Future Land Use Map Amendment (LUAR 18-003) from Office Commercial (OC) to Mixed Use Low (MXL). Applicant: Exsorro One, Inc.
PROPOSED ORDINANCE NO. 18-030 - SECOND READING - Approve 1320 S. Federal Highway Rezoning (LUAR 18-003) from C-1, Office Professional to MU-1, Mixed Use 1. Applicant: Exsorro One, Inc. | | | | | | | | | | | | | | C. | Approve 1320 S. Federal Hwy. Office Building Major Site Plan Modification (MSPM 18-009) to construct a 10,898 square foot structure and associated site improvements. Applicant: Exsorro One, Inc. (Item should be heard but tabled to November 7th so that final action is taken concurrent with final action taken on the corresponding ordinances) | | | | | | | | | | | | | | D. | Approve 1320 S. Federal Hwy. Office Building Height Exception (HTEX 18-001) to construct an office building in a MU-1 (Mixed Use 1) zoning district with architectural features up to 54’-10” in height, 9’-10” above the maximum allowable height. Applicant: Exsorro One, Inc. (Item should be heard but tabled to November 7th so that final action is taken concurrent with final action taken on the corresponding ordinances) | | | | | | | | | | | | | | E. | Approve McDonald's Restaurant Conditional Use and Major Site Plan Modification (COUS 18-006 / MSPM 18-008) consisting of the construction of a 4,490 square foot fast food restaurant and associated site improvements at 1701 S. Congress Avenue in the C-3 (Community Commercial) zoning district. Applicant: Edward Ploski, Corporate Property Services, Inc. (Applicant requests that item be tabled to November 7, 2018)
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| | | | | | | | | 9. | CITY MANAGER’S REPORT - None | | | |
| | | | | | | | | 10. | UNFINISHED BUSINESS - None | | | |
| | | | | | | | | | A. | PROPOSED ORDINANCE NO. 18-032 - FIRST READING - Approval of Ordinance amending Chapter 4, Animals and Fowl, by adding a new section 4-39 adopting new regulations regarding the retail sale of dogs and cats. | | | | | | | | | | | | | | B. | PROPOSED ORDINANCE NO. 18-033 - FIRST READING - Amending Part II. “Code Of Ordinances,” Chapter 15, “Offences-Miscellaneous,” Article I, “In General,” Sections 15-8.1 Through 15-8.8; Creating Section 15-8.9 Entitled “Measurement Of Noise”.
| | | | | | | | | | | | | | C. | Pursuant to Section 286.011(8), Florida Statutes, I am requesting a private attorney-client session of the City Commission to discuss pending litigation in the following case:
SECURED HOLDINGS INC, Plaintiff, vs. QUANTUM OVERLAY DEPENDENT DISTRICT, EUGENE GERLICA and CITY OF BOYNTON BEACH, Defendants – Palm Beach County Circuit Court Case No. 502016CA005668XXXXMB
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| | | | | | | | | | A. | Commission wants to discuss public safety as it relates to the Town Square Redevelopment - TBD | | | | | | | | | | | | | | B. | Staff to bring information concerning the following land parcels for the Commission to review - TBD
Nichols Property
Rolling Green
Girl Scout Park | | | | | | | | | | | | | | C. | The City Commission has cancelled the Commission Meeting that would normally be held on Tuesday, January 1, 2019. | | | | | | | | | | | | | | D. | Mayor Grant requested discussion on the future of the Kapok trees scheduled to be taken down for Town Square project - TBD | | | | | | | | | | | | | | E. | Discuss a prohibition for appointed and Elected Officials in the City of Boynton Beach from serving as paid lobbyist subsequent to their time on their board or the Commission - TBD
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| | | | | | | | | | NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105)
THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CITY CLERK'S OFFICE, (561) 742-6060 OR (TTY) 1-800-955-8771, AT LEAST 48 HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST.
ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CITY'S WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE CITY'S WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK.
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