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Minutes 03-09-23Minutes of the City Commission Meeting Held Online Via the GoToWebinar Platform and In -Person at the City Hall Commission Chambers 100 East Ocean Avenue, Boynton Beach, Florida On Thursday, March 9, 2023, at 6:00 P.M. Present: Mayor Ty Penserga Vice Mayor Angela Cruz Commissioner Woodrow L. Hay Commissioner Thomas Turkin Commissioner Aimee Kelley 1. Agenda Items A. Call to Order - Mayor Ty Penserga Daniel Dugger City Manager Mike Cirullo, City Attorney Maylee De Jesus, City Clerk Mayor Penserga called the meeting to order at 6:02 P.M. Roll Call City Clerk Maylee De Jesus called the roll. A quorum was present. Invocation by Commissioner Woodrow Hay Invocation was given by Commissioner Hay. Pledge of Allegiance to the Flag led by Vice Mayor Angela Cruz Vice Mayor Cruz led the Pledge of Allegiance to the Flag. Agenda Approval: 1.Additions, Deletions, Corrections Vice Mayor Cruz requested to pull Item 713 from Consent Agenda and move to after Announcements. Motion: Commissioner Turkin moved to approve the agenda, as amended. Commissioner Hay seconded the motion. The motion passed unanimously. 2. Other A. Informational items by the Members of the City Commission. Commissioner Hay had no disclosures. He stated that he attended the Readers Meeting Minutes City Commission Meeting Boynton Beach, FL March 9, 2023 Coalition and encouraged everyone to read to the kids. Vice Mayor Cruz had no disclosures. She mentioned that she also attended the Readers Luncheon. She asked about a video that is on the internet about someone on an advisory board having leadership in the Meadows Protective Covenant and asked about the role of the advisory board. Deputy City Manager Mack stated that it is the purview of the City Commission, and the advisory boards did not have anything to do with it. Commissioner Turkin disclosed that he followed up with an applicant from the Pierce. He said that he attended Dr. Seuss Day at a school and that it was rewarding. He stated that he attended PBC Days with the City Manager, and he thanked the Commission for doing a great job and noted that we are going to get a lot of support from the County. He spoke about different legislations getting traction in Tallahassee. Commissioner Kelley had no disclosures. She thanked the Mayor for spearheading the City Hall Social and said that it was very successful. She stated that she attended the FDOT session on Woolbright Road and the information is available online. City Manager Dugger stated that one of our firefighters, Adam Turey, is in the ICU and asked for thoughts and prayers for him. Mayor Penserga disclosed that he spoke to the Pierce applicants and Bonnie Miskel. He said that the City Hall Social was an experiment and over 100 people attended, and he was happy that it was an excellent start. He acknowledged County Commissioner Marcy Woodward. He recognized staff member Saleica Brown and said that Diane Rivers, who was helped by Ms. Brown, was here to say a few words. Diane Rivers stated that she has been a resident for 10 years. She said that Saleica helped her while their home was being built and kept checking on them. She mentioned that they finally have their CO and can move into their home. Michael Rivers stated that he appreciates Ms. Brown's help and that he loves everyone. They presented Ms. Brown with a plaque. 3. Announcements, Community and Special Events And Presentations A. Proclaim the month of March as Women's History Month. The Proclamation will be accepted by Ashley Cacicedo from the League of Women Voters of Palm Beach County. F Meeting Minutes City Commission Meeting Boynton Beach, FL March 9, 2023 Mayor Penserga read the proclamation into the record. Kathi Gundlach, President of League of Women Voters of Palm Beach County, thanked the Commission and encouraged everyone to go out and vote. B. Proclaim the month of March as Irish American History Month. The proclamation will be accepted by Al Fox of the Ancient Order of Hibernians. Mayor Penserga read the proclamation by title. Al Fox thanked the Commissioners for the proclamation. He spoke about St. Patrick's Day and different contributions by Irish people to the country. C. Announce the 9th Annual Rally for the Cure Tennis Tournament will be held on Saturday, March 11th from 9 A.M. - 12 P.M. at the Boynton Beach Tennis Center located at Congress Avenue Barrier Free Park (3111 S. Congress Avenue). To register, visit the Recreation & Parks Department website www.wemakelifefun.com or call the Boynton Beach Tennis Center at 561-742- 6575. Mayor Penserga announced the 9th Annual Rally for the Cure Tennis Tournament. D. Announce the Vince Wilfork Speaking Engagement at the Ezell Hester Jr. Community Center (1901 N. Seacrest Blvd.) at 6:30 P.M. on Wednesday, March 15, 2023. He will be speaking on his journey of making it to the NFL to inspire youth and young adults to reach for their dreams. The event is free and open to the public. Mayor Penserga announced the Vince Wilfork Speaking Engagement. E. Gary Dunmyer, City Engineer, to provide status report on the EcoPark project. Mr. Dunmyer spoke about the EcoPark as follows: Proposed Improvements; Proposed asphalt multiuse trail, natural sand path; 2.20 NW Parking Area Layout; proposed improvements continued; split rail fence; EcoPark Schedule; and questions. Mayor Penserga asked about the purpose of the parking lot. Mr. Dunmyer stated that it is to access the park from Minor Road and take traffic off of another road. Mayor Penserga stated that he is uncomfortable with this parking lot, because the FOP Lodge is right next door. He asked if they reached out to them to see if they could use their parking lot with a shared use agreement. 3 Meeting Minutes City Commission Meeting Boynton Beach, FL March 9, 2023 Mr. Dunmyer stated that he would reach out to them. He said that there is a wetland on the east side, and they are trying to open the west side, but he will try to make it work. Mayor Penserga asked about the financing and what phases will be covered. Mr. Dunmyer stated that Phase 1 will be completely covered by the funding that is available. He noted that Phase 2 and Phase 3 are not yet budgeted and will be approximately $650K. Mayor Penserga asked about fencing. Mr. Dunmyer spoke about the fencing around the area, which is intended to keep motorized vehicles where they should be. Commissioner Hay agreed with the Mayor regarding the parking lot and asked about the timeline. Mr. Dunmyer said that they should finish by September and said that they must relocate gopher tortoises and replace them when construction is complete. He said that they requested public input, and they gave the public what they requested. Vice Mayor Cruz stated that she would like to have that area protected, and she asked about being able to have kayaks on the water or anything like that. Mr. Dunmyer stated that there might be a willingness for them to open this up, but the public wanted this to be a passive park. There was discussion about setting up a kayak ramp as part of the plan. Mayor Penserga asked for a breakdown of how the money will be spent. Commissioner Turkin stated that we do need to think about the tortoises, and that it is a fast timeline. Commissioner Kelley stated that she remembers a conversation about Lake Worth Drainage District allowing the kayak ramp or not. She asked if there was a conversation with Lake Worth. Mr. Dunmyer stated no, but that he is sure we can come to terms with them. Commissioner Kelley stated that her concern is that the FOP Lodge rents out their lodge, so their use changes from day to day. She said that she does not want to have a fight with the FOP users and access issues off Minor Road. She said that there was discussion regarding fishing access and docks, and asked where that is at. 4 Meeting Minutes City Commission Meeting Boynton Beach, FL March 9, 2023 Mr. Dunmyer stated that it was one of the items that was most rejected from residents, so it was removed. Commissioner Kelley asked about Phase 2 and what are we doing regarding grants. Mr. Dunmyer stated that having fully developed plans help secure grants and they are in an advantageous spot. Vice Mayor Cruz stated that she would like to recommend that we connect with the Lake Worth Drainage System, because it was helpful for the whole City. A. 713: Proposed Resolution No. R23-031- Approve and authorize the City Manager to sign an End User License Agreement including Addendum and procure from Mark43, Inc. their hosted SaaS Services for Computer Aided Dispatch (CAD) and Records Management System (RMS) as described in their proposal, for a cost of $2,051,217.99. Chief Joseph DeGiulio stated that this is crucial to their operations, and this is their records management system. He said that the County RMS drives their CAD System. He spoke about the benefits and said that it will make the Officers' lives a lot easier, which will benefit the residents as well. Denny Fischer, Eastern Region Sales Director of Mark43, thanked the Commission and Staff for trusting them with this process. Mayor Penserga stated that he will support this and asked why it is needed. Chief DeGiulio stated that what they currently have is not the right fit for them, so this will help. Commissioner Kelley asked if we have an existing contract with the current provider. Chief DeGiulio explained the month-to-month contract that they are on until they transition. Commissioner Turkin stated that he is all for anything that is going to help residents. He said that he asked about this at PBC Days, and he did not receive negative feedback regarding it. Mayor Penserga stated that he is disappointed they spent so much money and that the previous system was still not fully functional. Vice Mayor Cruz said that she is all for it. 5 Meeting Minutes City Commission Meeting Boynton Beach, FL March 9, 2023 Commissioner Hay said that he is voting for this as well. City Manager Dugger stated that he was able to attend the demonstration for this and he is looking forward to it. He noted that there is also a mobile application. Motion: Vice Mayor Cruz moved to approve Resolution R23-031. Commissioner Kelley seconded the motion. The motion passed unanimously. E, ;M 7 ftw,R:ICaiT•% 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) Karen Ho spoke about a unit that she owns and stated that her condo was stolen from her. She explained all the things she has done to try to get her property back. She said that she has reported this to the County Commissioners, and she is grateful to the Boynton Beach Police Department. She said that she just needs help from them to state that her property was stolen. Susan Oyer invited everyone to an event that she is having with Sister Cities and the City of Boynton Beach on Friday, March 24 from 6 P.M to 9 P.M., and explained all the activities they will be doing. Evangeline Ward spoke about speed zone enforcements and stated that at Poinciana Elementary there are not adequate cross walks, speed bumps, or sidewalks. She said that people are speeding through there and asked when we will have more safety. Nicolas Giacalone stated that he has applied for the Education and Youth Advisory Board and spoke about being excited to hopefully be appointed. Roger Fornay spoke about an extension in the City of West Palm Beach and said that it would be great for Boynton Beach to have a satellite location here for the University of Florida. He explained that he believes in higher education. Ernest Mignoli showed insects to the Commission and audience and said that the City is not doing anything about it. He stated that there are all kinds of venomous animals at the oceanfront park. He mentioned that he filed a complaint about the lifeguard at the Ocean Ridge Police Department. Virtual Speakers: None. 5. Administrative rp Meeting Minutes City Commission Meeting Boynton Beach, FL March 9, 2023 A. Appoint eligible members of the community to serve in vacant positions on City Advisory Boards. Mayor Penserga read the available positions on Advisory Boards. Vice Mayor Cruz moved to appoint Nicolas Giacalone to the Alternate position on the Education and Youth Advisory Board. Commissioner Hay seconded the motion. The motion passed unanimously. Motion: Vice Mayor Cruz moved to appoint Sgt. Rachel Moccia to the City Resident position on the Police Officers Retirement Trust Fund Board. Commissioner Hay seconded the motion. The motion passed unanimously. B. Approve Commissioner Kelley's request for Community Support funds to the following: $500 to the Bill Tome Foundation, $500 to Boynton Beach Bulldogs, $500 to Connect 2 Greatness, and $1000 to Pearls of Palm Beach Florida, Inc. Commissioner Kelley stated that her theme for her community funds is mentorship. She explained some programs that she has been a part of that offers mentors. She spoke about the Pearls of Palm Beach program. Dr. Cassondra Corbin -Thad dies, President of Connect 2 Greatness, thanked Commissioner Kelley for spending time with them last week, and talking to one of the kids there for a while. She invited the Commission to come and visit the "sons." Regina Horne, Founder of Pearls of Palm Beach Florida, spoke about her organization and thanked the Commission for this opportunity. Earl Heinz stated that he volunteers with Connect 2 Greatness and encouraged everyone to come out and visit. Andre Thaddies stated that it has been 7 years and said that they are up to 72 boys, and he thanked the City for their support. Motion: Commissioner Kelley moved to approve Community Support Funds. Commissioner Hay seconded the motion. The motion passed unanimously. F Meeting Minutes City Commission Meeting Boynton Beach, FL 6. Consent Agenda March 9, 2023 A. A. Proposed Resolution No. R23-025- Approve and authorize the Mayor to sign a Signature Authority Delegation and appoint Daniel Dugger, City Manager, as Certifying Officer vis-a-vis State of Florida Department of Economic Opportunity Boynton Beach Fire Rescue Station No. 2 - Hardening Grant. B. Proposed Resolution No. R23-026- Approve and Authorize the Mayor to sign a lease agreement between the Boynton Beach Faith Based Community Development Corporation and The City of Boynton Beach for the property located at 2191 North Seacrest Boulevard. C. Proposed Resolution No. R23-027- Approve and authorize the City Manager to sign a five (5) year agreement with Gelin Benefits Group, LLC. for Benefit Consulting Services, with a not to exceed $90,040.70 per year. These services are not subject to the competitive solicitation requirements per Florida Statute 287.057. D. Proposed Resolution No. R23-028- Approve and authorize the City Manager to sign quote utilizing the Minnesota WSCA-NASPO Master Agreement Contract MNWNC-124 through the Participating Addendum State of Florida Alternate Contract # 43211500-WSCA-15-ACS for the purchase of semi -rugged laptops from GovDirect in the amount of $61,983.00. The State of Minnesota's procurement process satisfies the City's competitive bid requirements. E. Proposed Resolution No. R23-029- Approve transmittal of the City of Boynton Beach State Housing Initiative Partnership (SHIP) Program Annual Report for FY2019-2020, and authorize the Mayor to sign the corresponding Local Housing Certification. F. Proposed Resolution No. R23-030- Approve and authorize the Mayor to execute all closing documents in connection with the sale of the parcel of land SE 21st Avenue to Nicholas Malinosky, as previously approved by the City Commission on November 14, 2022. G. Legal Expenses - January 2023. Information requested by the City Commission. No action required at this time. H. Approve minutes from the February 15, 2023 Special City Commission Meeting, and February 21, 2023 City Commission Meeting. Mayor Penserga requested to pull Item 6C. :, Meeting Minutes City Commission Meeting Boynton Beach, FL March 9, 2023 Motion: Vice Mayor Cruz moved to approve the consent agenda, as amended. Commissioner Hay seconded the motion. The motion passed unanimously. 6C Proposed Resolution No. R23-027- Approve and authorize the City Manager to sign a five (5) year agreement with Gelin Benefits Group, LLC. for Benefit Consulting Services, with a not to exceed $90,040.70 per year. These services are not subject to the competitive solicitation requirements per Florida Statute 287.057. Tennille DeCoste stated that they have been with the Ghering Group for a long time, and they are recommending going with the Gelin Group, which will help the City save money for both the City and employees. She spoke about the following: Recommendation; Scope; and Self -funding Medical and Dental Insurance. Mike Gelin gave a history of his benefits group and mentioned other entities that he works with. He spoke about the following: the City being self -Insured; achieve savings with health and dental; using the clinic more; and high deductible health plan. Mayor Penserga commented on the amount of shameful spending that has been going on for way too long. Ms. DeCoste stated that they have lost $2.7M in 3 years. Mayor Penserga asked how this has persisted so long. Ms. DeCoste stated that she is not sure why, but the prior management did not have the best interest of the employee in their minds. She gave explanations of what is wrong with the health insurance plan. There was discussion regarding this issue being prolonged for so long; meeting with Gehring Group quarterly; having performance measures; no performance measures with the Gehring Group; and the Wellness Center. Commissioner Hay said that this is shocking and asked how it works in other cities. Ms. DeCoste explained what a few other cities are doing, and the incentives that other cities offer. She spoke about changing to fully insured and the benefits that it will give us. Commissioner Hay asked what the next steps are. Ms. DeCoste explained the next phases. p Meeting Minutes City Commission Meeting Boynton Beach, FL March 9, 2023 Vice Mayor Cruz thanked Ms. DeCoste for coming in and doing so much work immediately to help the City and employees. Commissioner Turkin asked how long she has been here and said thanked Staff for their work. He stated that he is curious to know what other bad contracts they have in the City, and challenged Staff to find other places we can save. Ms. DeCoste stated that she has been here almost 90 days. Commissioner Kelley thanked Ms. DeCoste stated that when she tried to use the insurance, she had to go to Florida Kid Care because it was not affordable. She mentioned that the employees should have the options. She asked if there will still be an HSA intact. Ms. DeCoste said yes, with the high deductible plan. Commissioner Kelley asked what the estimate of the difference will be for a family plan. Ms. DeCoste said it will need to be priced out, but she will provide an update to the Commission. There was discussion regarding using the Wellness Center more. City Manager Dugger thanked Ms. DeCoste and Mr. Gelin for their work. He spoke about when this high deductible plan went into effect and the issues that it caused for employees. He stated that with exit interviews they hear multiple times that the insurance is an issue. He asked how many wellness dollars we are getting. Ms. DeCoste said that they were only getting $5OK and she asked for more, so they got $2OK more, but they should be much higher than that. City Manager Dugger stated that he wants employees to be happy to come to work, and he explained different things that the City is doing to help employees. Mayor Penserga asked if Ms. DeCoste asked the Gehring Group why we have this plan. Ms. DeCoste stated that the Gehring Group blamed the previous administration. Commissioner Hay moved to approve Resolution R23-027. Vice Mayor Cruz seconded the motion. The motion passed unanimously. 10 Meeting Minutes City Commission Meeting Boynton Beach, FL March 9, 2023 7. Consent Bids and Purchases over $100,000 A. Approval to issue a Purchase Order for the rental of a 1.000 Kilowatt (KW) emergency backup generator and cables at the East Water Treatment Plant (EWTP) from Pantropic Power Cat for a monthly cost of $11,056.80 and service cost of $2,095.00 twice a year for a total annual cost of$136,871.60. Utilizing the Sourcewell NJPA Contract #062320 - CAT, previously approved by Commission on February 15, 2022. B. Proposed Resolution No. R23-031- Approve and authorize the City Manager to sign an End User License Agreement including Addendum and procure from Mark43, Inc. their hosted SaaS Services for Computer Aided Dispatch (CAD) and Records Management System (RMS) as described in their proposal, for a cost of $2,051,217.99. Motion: Commissioner Kelley moved to approve the Consent Bids and Purchases over $100,000, as amended. Commissioner Hay seconded the motion. The motion passed unanimously. 8. Public Hearing 6 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. 23-005- Second Reading - Approve The Pierce request for Rezoning (REZN 22-001) from Central Business District (CBD) to Mixed -Use Core (MU -C), property generally located at the intersection of East Ocean Avenue and North Federal Highway. Applicant: Jeffery Burns, Affiliated Development. Mayor Penserga stated that all six items will be addressed together and voted separately. City Attorney Cirullo stated that this is a quasi-judicial hearing and explained the different parts of The Pierce. He stated that an interested party will be given the opportunity to speak. He read both Ordinances into the record. He stated that the testimony records are all part of the record. He swore in anyone that might speak on this item. Jeff Burns, CEO of Affiliated, spoke about the following regarding The Pierce: map of the City; location map; and executive summary. Meeting Minutes City Commission Meeting Boynton Beach, FL March 9, 2023 Elliot Young, with Rinka, spoke about the following; project video -The Pierce Animation; site plan; landscape buffer variance; applications; rezoning from central business district to mix use core; master plan and major site plan; new master plan and new major site plan; abandonments; four community design appeals, north garage elevation; south garage elevation; east garage elevation; west garage elevation; four community design appeals; height exception for the parking garage; and aerial view of area. Mr. Burns spoke about workforce housing and affordability issues and art in public space. Ms. Amanda Radigan, spoke about: revised conditions of approval; comment #9; rejected comments; and comment #4. Aaron Williams, with Greenspoon Marder LLP, submitted documents into the record. He spoke about the bridge over NE 1 st Avenue. Joaquin Vargas, of Traf Tec Engineering, spoke about a detailed traffic study that is usually involved with road abandonment. There was cross examination from Mr. Williams to Mr. Vargas regarding a possible hotel; traffic study; proposed abandonment and Kimley-Horne traffic study and concerns. City Attorney Cirullo said that they do have the right to ask staff questions. There was cross examination between Mr. Williams and Ms. Radigan regarding the staff report and public safety. Mr. Williams stated that the traffic will increase dramatically, and there are documents that says Affiliated is looking to make a 125 -room hotel on his client's property. He spoke about harming his client economically. He said that safety is not part of this staff report and there has been no traffic study done. City Attorney Cirullo asked each speaker to indicate whether they have been sworn in. Public Comments: Valerie Pleasington, with Ace Hardware, stated that she was sworn in. She requested that the Commission delay the abandonment because they still have not come to an agreement with Affiliated. She spoke about the issues with the abandonment of the Alleyway. She said that their meeting with Affiliated is in a couple of weeks, which is after possible approval of this. 12 Meeting Minutes City Commission Meeting Boynton Beach, FL March 9, 2023 Barbara Ready stated that she was sworn in. She asked who did their due diligence and asked Ace Hardware about concerns with them. She spoke about the Bert Harris Act. She suggested tabling Item 813, because there are things that need to be worked out. Virtual Comments: None. Ms. Radigan stated that these applications are submitted concurrently, and explained who reviews the projects, and the process that it goes through. She said that this does meet the review criteria. Mr. Dunmyer said an independent Engineer reviewed the traffic study and all questions raised by the consultant were passed on to the client and were addressed. Commissioner Hay stated that Ms. Radigan spoke about the different departments that are involved, and asked if this the normal way that we approach plans. There was discussion regarding the process that studies go through; Affiliated meeting with Ace Hardware Store; and abandonment of the alleyway. Ms. Radigan stated that the Commission can add a revision, as the condition, provide a cross -access agreement. Vice Mayor Cruz stated that she has concerns with the abandonments, and asked City Attorney Cirullo if there is a lawsuit, would any of the obligations be stalled. There was discussion about if there is a lawsuit regarding the abandonments; a theoretical takings case; stalling the project; protecting the City from liability; Ace Hardware and changing the language of the condition to have an access agreement; options that were prepared by affiliated; and rebuttal by Affiliated to what Mr. Williams stated. City Attorney Cirullo stated that it would be appropriate to allow response by the interested party. Mayor Penserga stated that he is comfortable with the amended condition of approval to have the cross -access agreement with Ace Hardware. There was consensus by the Commission on this change of language for the condition of approval. Vice Mayor Cruz stated that her concern is that the City is protected legally. Mr. Weiner further spoke about the concerns of the interested party. He stated that 13 Meeting Minutes City Commission Meeting Boynton Beach, FL March 9, 2023 there were many testimonies from different parties, and that the Commission has done their due diligence. He read Section 3 into the record. He spoke about all conditions being met by Affiliated, and the City and Commission doing their due diligence. Commissioner Kelley asked what was determined as far as the usage of 1St Avenue. Mr. Dunmyer spoke about the traffic study but said that the recommendation was included in the plan. Commissioner Turkin stated that this project would increase the value of land around the property. Mr. Weiner stated that the case law clearly speaks about affecting access in a much greater fashion that is being affected tonight. He said that he does not believe they would have traction under the Bert Harris Act. He mentioned that the Commission is not proceeding recklessly. Commissioner Turkin stated that this project has been going on for over 2 years and there has been no concern until now, at the last minute, and it is not appreciated. Commissioner Hay asked why now, since this has been going on for years, and mentioned that he does not appreciate receiving documents at the last minute. Mr. Burns stated that the condition of approval would be to enter into a cross - access agreement, which is what Ace Hardware wanted. He said that since the last meeting they wanted to offer up something that was doable. He said there should be no reason to not pass this. Ms. Radigan stated that if something happens and they are at an impasse, the conditions require coming back to the Commission. Mr. Williams stated that they just learned about this, and initially the project had a bridge. He mentioned that it is a major project, and they should hear from other interested parties. Mr. Vargas stated that he reviewed the report by Kimley-Horne and explained what he saw, which was a safety concern, not off the top of his head. He further explained the maps that were passed out. Mr. Williams spoke about analysis from Police and Fire that he stated is not included. 14 Meeting Minutes City Commission Meeting Boynton Beach, FL March 9, 2023 Mr. Burns stated that this is strategy, which is why this is coming up now. He said that the property owner has his contact information and has not contacted him at all. He stated that this is an absentee landlord that hired an attorney to come in and throw stuff against the wall. He said that they have done everything they have been asked to do for the project. Commissioner Kelley commented that for the ingresses and egresses, there will be public parking going there, so there is no access being cut off, but two of the ingresses go into the parking garage. She stated that the proposed plans from 2021 show that the "bridge" is a pedestrian passage, and there is no mention that the road stays. Vice Mayor Cruz asked if we would be fine legally. City Attorney Cirullo stated that he cannot guarantee that we will be fine, but he believes all access is not deprived from this property. Mayor Penserga stated that there was consensus for changing the condition to include a cross -access agreement. Motion: Commissioner Hay moved to approve Ordinance No. 23-005 at Second Reading. Commissioner Kelley seconded the motion. In a roll call vote, the motion passed unanimously. B. Proposed Ordinance No. 23-006- Second Reading - Approve request for Abandonment of the 225 foot long segment of the 20 -foot wide right-of- way located within the northern section of the proposed The Pierce development approximately 175 feet south of the East Boynton Beach Boulevard centerline (a.k.a. "North Alley") (ABAN 22-001), the 225 -foot long segment of the 40 -foot wide NE 1st Avenue right-of-way (ABAN 22- 002), and the 335.02 -foot long segment of the 20 -foot wide right-of-way located within the southern section of the proposed The Pierce development, approximately 150 feet north of the East Ocean Avenue centerline (a.k.a "South Alley") (ABAN 22-003). Applicant: Jeffery Burns, Affiliated Development. Ms. Radigan stated that Items B & D have several amended conditions of approval. Motion: Commissioner Turkin moved to approve Ordinance No. 23-006 at Second Reading with a change in the condition to requiring a cross -access agreement between Ace Hardware and the applicant. Commissioner Hay seconded the motion. In a roll call vote, 15 Meeting Minutes City Commission Meeting Boynton Beach, FL the motion passed unanimously. March 9, 2023 C. Approval of Variance (ZNCV 23-002) of Part III, Chapter 4, Article II, Section 4.B.3.c — Urban Landscape Buffer (Type 2), to grant a variance of seven (7) feet from the required twelve (12) foot buffer, to allow for a five (5) foot wide landscape buffer, and the elimination of the requirement to provide a six (6) foot tall masonry wall. Motion: Commissioner Hay moved to approve Variance (ZNCV 23-002). Commissioner Kelley seconded the motion. The motion passed unanimously. D. Approve request for a New Master Plan (MPMD 22-005) and New Major Site Plan (NWSP 22-004) for The Pierce mixed-use development to allow the construction of an eight (8) -story building with 300 dwelling units, 17,089 square feet of commercial space, associated recreational amenities, and parking on a 3.04 acre site, located generally at the intersection of East Ocean Avenue and North Federal Highway. Applicant: Jeffery Burns, Affiliated Development. Motion: Vice Mayor Cruz moved to approve New Master Plan (MPMD 22-005) and New Major Site Plan (NWSP 22-004), with amendments as presented. Commissioner Hay seconded the motion. The motion passed unanimously. E. Approve request for four (4) Community Design Appeals (CDPA 22-002, 23-006, 23-007, & 23-008) of Chapter 4, Article III, Section 6.F.2.c, Freestanding Parking Garages, which prohibits freestanding parking garages from having frontage on any arterial or collector roadway, to allow for alternative design solutions for the freestanding parking garage as proposed, for The Pierce mixed-use project in the MU -C (Mixed -Use Core) zoning district. Applicant/Agent: Jeffery Burns, Affiliated Development. Commissioner Kelley moved to approve four (4) Community Design Appeals (CDPA 22-002, 23-006, 23-007, & 23-008). Commissioner Hay seconded the motion. The motion passed unanimously. F. Approve request for Height Exception (HTEX 23-001) to allow the freestanding parking garage egress staircase of The Pierce mixed-use project to be constructed at 77 feet 11 inches, 2 feet 11 inches above the 16 Meeting Minutes City Commission Meeting Boynton Beach, FL Motion: March 9, 2023 maximum allowable height of 75 feet in the MU -C (Mixed -Use Core) zoning district. Applicant/Agent: Jeffery Burns, Affiliated Development. Vice Mayor Cruz moved to approve Height Exception (HTEX 23-001). Commissioner Hay seconded the motion. Vice Mayor Cruz asked if the balconies would be vertical pickets versus the mesh look. Mr. Burns agreed. The motion passed unanimously. 9. City Manager's Report- None 10. Unfinished Business -None 11. New Business -None 12. Legal A. Proposed Ordinance No. 23-007- First Reading- General Employees Pension - Board Secretary Duties & Long-term Disability Determinations. City Attorney Cirullo read the Ordinance by title. He explained what this changes regarding the Employee Pension Board. Motion: Commissioner Turkin moved to approve Ordinance No. 23-007 at First Reading. Commissioner Hay seconded the motion. In a roll call vote, the motion passed unanimously. 13. Future Agenda Items A. Consider revised local rules for approval. - March 21, 2023 B. Continue discussion on adding a new sister city, requested by Commissioner Turkin - March 2023 C. Discussion regarding American Rescue Plan Funds, requested by Mayor Penserga - TBD 17 Meeting Minutes City Commission Meeting Boynton Beach, FL March 9, 2023 D. Discussion regarding installing a coral reef at Oceanfront Park, requested by Commissioner Turkin - TBD E. Review Advisory Board Ordinance, requested by Commissioner Kelley. - TBD F. Discussion regarding future cemetery lots in Boynton Beach, requested by Commissioner Hay- TBD G. Discussion for Ordinance regarding tints for paraphernalia shops, requested by Commissioner Turkin — TBD H. Look into lowering or waiving arts impact fees for small businesses, requested by Commissioner Turkin- TBD I. Discussion regarding changing minimum requirements for traffic studies, requested by Commissioner Turkin- TBD J. Update regarding speedbumps throughout the City, requested by Commissioner Turkin-TBD K. Discussion regarding bringing more jobs to the City at former ToysRUs site, requested by Commissioner Turkin.- TBD Motion: Commissioner Turkin moved to adjourn the meeting. Commissioner Kelley seconded the motion. The motion passed unanimously. There being no further business to discuss, the meeting was adjourned at 10:00 P.M. CITY OF BOYNTON BEACH ATT ST: Lr0 � ir Mayle= i- Jesus, 'i C City Cr-rk CITY of� . 1,4 i •2 r co*:;. I,� • O � O c" •0 18