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Minutes 04-18-23Minutes 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 Tuesday, April 18, 2023, at 6:00 P.M. Present: Mayor Ty Penserga Vice Mayor Thomas Turkin Commissioner Angela Cruz Commissioner Woodrow L. Hay 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 6:01 P.M. Roll Call City Clerk Maylee De Jesus called the roll. A quorum was present. Invocation by Pastor Chuck Brannon, Gateway Community Church. Invocation was given by Pastor Brannon. Pledge of Allegiance to the Flag led by Commissioner Aimee Kelley. Commissioner Kelley led the Pledge of Allegiance to the Flag. Agenda Approval: Additions, Deletions, Corrections Mayor Penserga requested to move Item 3H and Item 3F before Item 3A. He noted that he will make additional announcements after Item 3E. He requested to add one item under Future Agenda, regarding a downtown parking master plan. Consensus was reached to add the topic to Future Agenda. Commissioner Kelley requested to move Item 12B up before Item 5A. Vice Mayor Turkin and Mayor Penserga concurred. Motion: Commissioner Kelley moved to approve the agenda, as amended. Commissioner Hay seconded the motion. The motion passed unanimously. eL 1 Meeting Minutes City Commission Meeting Boynton Beach, FL April 18, 2023 2. Other A. Informational items by the Members of the City Commission. Commissioner Cruz disclosed that she spoke to Bonnie Miskel. Vice Mayor Turkin disclosed that he received many emails from Marina Village, regarding Items 8A and 8B, and he also spoke to residents. He congratulated Boynton Beach PAL for their championship win. City Manager Dugger stated that they were able to send the kids to Brooklyn, NY and they won the whole tournament. He said that they will be recognized at the first City Commission meeting in May. Commissioner Hay disclosed that he spoke to Bonnie Miskel and residents about the project (Items 8A and 8B). Commissioner Kelley disclosed that she received emails from residents regarding Items 8A and 8B. Mayor Penserga disclosed that he received emails from residents and spoke to Bonnie Miskel. He recognized the Officers of the Year who received awards at the Chamber luncheon. He also recognized the Utilities Department for helping the City of Fort Lauderdale with the flooding issues that they experienced. He spoke about Kaleem Esteem and RJ Ramirez for the work that they do for the City. 3. Announcements, Community and Special Events And Presentations 3H. Presentation of the City's Comprehensive Annual Financial Report, Compliance Reports and Management Letter for the Fiscal Year ended September 30, 2022. Ms. Mara Fredrickson, Director of Finance Services, introduced auditors from Marcum Accountant & Advisors. Mr. Moe Ariza highlighted the Financial Report. He spoke about the following: independent auditor's report; government auditing opinion is clean; management discussion analysis; financial highlights; federal single audit; ARPA fund was selected for testing to make sure it is being used properly and has been accepted with a passing grade; communication letter with accounting changes; GFOA deadline being March 31 instead of July; and questions. Commissioner Kelley thanked the Finance Department for their work. Commissioner Hay thanked the Finance Dept for a clean audit. 4 747 Meeting Minutes City Commission Meeting Boynton Beach, FL April 18, 2023 Vice Mayor Turkin and Commissioner Cruz also thanked the Finance Department. 3F. Legislative update and overview of Senate Bill 102 by the City's lobbyist, Mathew Forrest, virtually. Mr. Matt Forrest joined online and stated that this is day 43 of the 60 -day Legislative Session, and this will wrap up on May 5t". He stated that a lot of priority bills have been expedited and signed already. He spoke about the 25 bills that passed and were signed by the Governor already, including House Bill 1, House Bill 45, and Senate Bill 102. He said that the appropriation is going very well for the City, and he spoke about funding for the City, Fire Rescue, and Harbor Marina Seawall. He gave an update on Senate Bill 102 as follows: history of the Senate Bill; $252 million for the SHIP Program and $259 million for SAIL Program; $1.5 billion in doc stamps over 10 years for new rental units; $100 million in Florida Hometown Heroes Program; creates new property tax incentives; allows municipalities property tax exemptions for very low income; and preemptions in the bill - local governments zoning requirement changes passed and is effective July 1, 2023. Commissioner Cruz stated that we should have a discussion with our Attorney about the zoning requirements and suggested that we include this in the housing workshop that staff is working on. City Attorney Cirullo stated that he is working on a memo and acknowledged that there are a lot of qualifications. He said that they will provide the CRA Attorney with the memo so that it can take effect there as well. Vice Mayor thanked Mr. Forrest for what he does and for the update. Commissioner Kelley thanked Mr. Forrest for the summary and said that she is looking forward to getting the memo from staff and working with them on this. Mayor Penserga thanked Mr. Forrest and said that he cares about the details of how this will be implemented. He said that it has good intentions, but it takes away rights from local authority. A. Announce the 2023 Earth Day Celebration on April 22nd from 10:00 AM to 1:00 PM at Centennial Park located at 120 E. Ocean Avenue. Mayor Penserga announced this event. B. Announce the Senior Health Fair on Tuesday, April 25th, from 9:00 A.M. to 11:00 A.M. at the Ezell Hester Jr. Community Center located at 1901 N. Seacrest Blvd. Mayor Penserga announced this event. 748 Meeting Minutes City Commission Meeting Boynton Beach, FL April 18, 2023 C. Announce Mother's Day Luncheon on Saturday April 29th at 11:00 AM at Intracoastal Park Clubhouse located at 2240 N. Federal Highway. Mayor Penserga announced this event. D. Announce that Hurricane Season begins June 1st and the Solid Waste Division is urging residents to do their part by conducting tree trimming early in preparation for the 2023 Hurricane Season. Mayor Penserga announced this event. Mayor Penserga added an announcement about the fishing tournament and chili cookoff to be held on April 22 at Harvey Oyer Park from 12:00 PM — 7:00 PM. He said that the next City Hall Social is April 27 at 5:30 PM. He added that this is a free City Hall event and is sponsored by iTHINK Financial. E. Mayor Penserga to propose the Workforce Readiness Program in partnership with Palm Beach State College. Mayor Penserga announced the event. He said that this is a pilot program with Palm Beach State College (PBSC) to fill the education and skills gap of those that are unemployed, underemployed, or seeking a career change. He explained that the idea is to take train individuals to meet the City's specific employment needs. He mentioned how people can sign up for the program. He said that PBSC will be available at the next City Hall Social to provide additional details and information. He commented that they hope to begin the first cohort this summer. F. Legislative update and overview of Senate Bill 102 by the City's lobbyist, Mathew Forrest. The item was previously heard. G. Presentation update on the Red Light Camera Program requested by the City Commission. Chief Joseph DeGiulio gave a presentation on the Red Light Camera Program as follows: Red Light Camera Program background; current RLC locations; current RLC locations (continued); traffic volume; RLC intersection crash data; data overview; data overview charts; crashes at RLC intersections; recidivism percentage rate of violators; what is the violation process; and what are the RLC funds used for. Commissioner Kelley stated that she had a constituent reach out to her and explained how she got a ticket and said that the was timing was off with the red light camera and the resident called in the complaint and the timing was adjusted. She commented that it is nice 4 749 Meeting Minutes City Commission Meeting Boynton Beach, FL April 18, 2023 to hear about these programs. Commissioner Hay stated that he is happy to hear that the cameras are changing habits, because he is guilty of this. He asked about the amount of income generated. Chief DeGiulio said that he can get that information for the Commission. Commissioner Hay asked about the intersection on Congress Avenue and Boynton Beach Boulevard is one of the worst and asked how we can improve it. Chief DeGiulio said that he thinks it is due to the blinking yellow light and said that they deploy their resources to try to help the situation. Commissioner Hay asked about the license plate readers, and how they have helped to solve crime, and asked why we are the only ones that have the red-light cameras, out of 39 municipalities. Chief DeGiulio spoke about the ordinances that were passed in 2016 and being a problem with the State and said that ours was okay. Commissioner Hay said that one life saved is worth keeping this program. He asked for clarification on some instances where you would not be issued a ticket. Chief DeGiulio explained the process and how someone would not receive a ticket. Vice Mayor Turkin said that we are the only City in the County that has this, and that he thinks there are other ways to generate revenue for this. He asked how people can be helped if they can't afford a ticket, which is $158. Chief DeGiulio mentioned that there are payment plans, or you can see the Magistrate to work out other arrangements. Vice Mayor Turkin asked if there can be a notice given instead of a ticket. Chief DeGiulio said that he would have to work that out with the vendor. City Attorney Cirullo said that they can talk to the vendor to see if there is a way for a warning to be programmed in their database. Commissioner Cruz asked how the Magistrate is chosen and who determines the amount of the fee. Chief DeGiulio said that the fee is determined by the vendor. City Attorney Cirullo said that he would have to look to see how the magistrate was 5 750 Meeting Minutes City Commission Meeting Boynton Beach, FL April 18, 2023 determined and he will get back with the Commission on that. He said that there is a formula for the fee and some of it is set by Florida Statute. Mayor Penserga asked about the penalty differences for a RLC violation vs a regular traffic violation. Chief DeGiulio explained the fine and points deducted between the two. H. Presentation of the City's Comprehensive Annual Financial Report, Compliance Reports and Management Letter for the Fiscal Year ended September 30, 2022. This item was previously heard. I. Presentation update on the Boynton Beach Internship Program. Ms. Tennille DeCoste, Director of Human Resources & Risk Management, spoke about the Internship Program as follows: background; orientation- March 29, 2023; and departments involved. Commissioner Cruz asked what kind of positions the high school kids are doing. Ms. DeCoste explained which departments they are in. Vice Mayor Turkin said that he would like to see this open and available to college-age Veterans as well. Commissioner Hay said that this was well organized, well structured, and a job well done. Commissioner Kelley said that this is very exciting and provides a great opportunity for the kids. She stated that she would like to see them come to a Commission Meeting and to the City Social. Mayor Penserga asked how many of the college interns are considering careers directly with the City. Ms. DeCoste said that the students chose which departments they want to work at and where they want to end up at. J. Presentation update on the ARPA Small Business Grant Program. Mr. John Durgan, Director of Economic Development, spoke about the ARPA Small Business Grand update as follows: ARPA Small Business Overview; grant timeline and grant results; and questions. He thanked the Commission for this program and explained some of the things that businesses are using the grants for. 751 Meeting Minutes City Commission Meeting Boynton Beach, FL April 18, 2023 Commissioner Kelley said that she is happy to see businesses outside of the CRA get grants. She asked what they do to get the word out to people who might need help. Mr. Durgan said that word of mouth was the best way to get the word out about this program, and he explained the social media push that they are doing. He stated that every business can use marketing help and they have money towards that and would like to help people. Commissioner Hay said that he received a question about an old list that used to exist and asked if that list is gone. He stated that it was a list about programs that are prioritized to receive funding. Mr. Durgan said that this is a different type of business, but confirmed that list no longer exists. Vice Mayor Turkin thanked Mr. Durgan and Marketing for getting the word out on this. Commissioner Cruz asked Mr. Durgan if he is still by himself in the department. Mr. Durgan responded yes. Commissioner Cruz thanked him for all the work that he does alone and going above and beyond. She said that the City is heading in the right direction. Mr. Durgan said that the Building Department was very helpful with this. Mayor Penserga asked what was the most common reason for rejection. Mr. Durgan said that a lot were not in business prior to the pandemic, and there were a large number of businesses that were unresponsive after he requested additional documents. 4. Public Audience Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of the Chair, this 3 -minute allowance may need to be adjusted depending on the level of business coming before the City Commission). Harry Woodworth thanked the Ocean One representatives for the zoom call, and he asked why that call did not happen a year ago. He said that the City used to have a list of the Community organization contact list, and that it should go out again. He stated that they would like developers to come to the community before coming to the Commission. Cindy Falco DiCorrado stated that she put in a Public Records Request about specs for a dove and cross flag on the road. She spoke about the permits not being able to be 752 Meeting Minutes City Commission Meeting Boynton Beach, FL April 18, 2023 submitted before Hurricane Season. She spoke about the red-light camera and excuses that there are for people who are getting into accidents. She asked why Police are policing people instead of crime. Virtual comment: None. 5. Administrative 12B. Review Advisory Board Ordinance, requested by Commissioner Kelley. The item was moved up by Commissioner Kelley. Commissioner Kelley stated that she met with Assistant City Manager Kathryn Matos and that there are inconsistencies that are in the ordinance. She said that she does not want to have a long conversation, but would like their support on recommendations on how to improve the charter and the applications. She mentioned other practices by different entities. She spoke about some boards requiring career specialties, and some of the boards do not have people on them with those requirements. She commented that staff needs guidance from the Commission. She mentioned that she would like to have some limitations as well. Mayor Penserga stated that there are areas that need cleanup. Commissioner Kelley said that staff is suggesting a redline draft to us. Motion: Commissioner Kelley motioned to direct staff to come back with a redline ordinance. Commissioner Hay seconded the motion. Vice Mayor Turkin said that he does not want to push back the appointments for today. Commissioner Cruz asked about the process to make a change to the charter. City Attorney Cirullo said that this would be an ordinance change, not a charter change. Commissioner Cruz said that she would like to give the opportunities for residents to apply and said that she would like to have more marketing on this. Assistant City Manager Matos mentioned the marketing efforts that they are doing. Commissioner Cruz said that she is a homeowner, but has never received the newsletter until she became a Commissioner. City Manager Dugger said that they went through and some of the appointments will be 753 Meeting Minutes City Commission Meeting Boynton Beach, FL April 18, 2023 freed up because someone cannot serve on two boards. Commissioner Hay said that he does not want to hold up the list. He stated that he does not want to make it too cumbersome for someone to apply, because the Commission has the ability to not approve them at their level. The motion passed unanimously. A. Annual reappointments and appointments of eligible members of the community to serve in vacant positions on City Advisory Boards- Tabled from April 4, 2023. Motion: Vice Mayor Turkin moved to remove the item from the table. Commissioner Hay seconded the motion. The motion failed 3-2, with Commissioner Kelley, Commissioner Cruz, and Mayor Penserga dissenting. Commissioner Kelley said that she does not want to take this off the table because we need to look at the applicants, the applications, and to do our due diligence. She stated that there are inconsistencies and no connection with the applications, so she is not comfortable moving forward with this. Commissioner Hay asked whose responsibility it will be decide on applicants for a particular board. Mayor Penserga said that they will make recommendations, and there are some quasi- judicial boards have legal requirements. City Attorney Cirullo said that there might be some boards that have a list of requirements, and the Commission will ultimately decide what the requirements are. He explained the process. Commissioner Hay asked how it is different from what we are doing now. He said the Commission currently receives a list and he assumed they were qualified already. Assistant City Manager Matos explained that there are different languages for qualifications, and part of the recommendations is to make the language as uniform as possible. City Attorney Cirullo gave an example of requirements for the Planning and Zoning Board and Historic Resources Preservation Boards. Commissioner Hay said that he does not want to responsibility of seeing if people are qualified, and he would like to see that it went through staff first. 7 754 Meeting Minutes City Commission Meeting Boynton Beach, FL April 18, 2023 City Attorney Cirullo said that it could be a more thorough application process, which will be part of the discussion when they come back with the ordinance. Mayor Penserga asked if this item was not removed from the table, would the same individuals continue to operate. City Attorney Cirullo said yes, the current members will continue in their seat. Vice Mayor Turkin said that it is important to have good qualifications, but some of the boards are not able to meet due to no quorum. Commissioner Cruz said that they have a lot of new communities where new residents are not interconnected, and we should reach out to their management office with these opportunities. 6. Consent Agenda A. Proposed Resolution No. R23-046- Approve and authorize the City Manager to sign a Grant Agreement for the Marketing and Digital Connectivity Small Business Grant Program funding in the amount of $2,500 for Holistic Executive Suites LLC. B. Proposed Resolution No. R23-047- Approve and authorize the City Manager to sign a commercial lease agreement with Palm Beach County to establish a Community Services Department satellite office to directly assist the residents of Boynton Beach. C. Proposed Resolution No. R23-048- Approve and authorize the City Manager to sign a hurricane commissary contract between The City of Boynton Beach and Catering Solutions, LLC to provide food for City employees working in the aftermath of a hurricane. Expenditures not to exceed $50,000. D. Proposed Resolution No. R23-049- Assess the cost of nuisance abatement on properties within the City of Boynton Beach. E. Proposed Resolution No. R23-050- Approve and authorize the City Manager to sign Amendment No. 1 to Grant Agreement No. T2110 between the Florida Department of Environmental Protection (FDEP) and the City of Boynton Beach. F. Approve Task Order UT -3E-06 with West Architecture + Design, LLC., in the amount of $56,063 in accordance with RFQ No. 046-2821-17/TP, General Consulting Services, Scope Category E, awarded by City 10 755 Meeting Minutes City Commission Meeting Boynton Beach, FL April 18, 2023 Commission on August 22nd, 2018 to provide professional architectural services, for the design of the building hardening for Fire Station #2. G. Proposed Resolution No. R23-051— Authorize the City Manager to sign a Utility Work by Highway Contractor Agreement with FDOT for the adjustment of Utilities' sanitary sewer manholes and valve boxes on Boynton Beach Boulevard with an initial estimate of $57,064.00. H. Accept the written report to the Commission for purchases over $10,000 for the month of March 2023. I. Approve minutes from the March 21, 2023, and April 4, 2023 City Commission Meetings. Commissioner Kelley pulled Item 6B for discussion. Motion: Vice Mayor Turkin moved to approve the remainder of the consent agenda. Commissioner Kelley seconded the motion. The motion passed unanimously. 6B. Proposed Resolution No. R23-047- Approve and authorize the City Manager to sign a commercial lease agreement with Palm Beach County to establish a Community Services Department satellite office to directly assist the residents of Boynton Beach. Mr. Durgan stated that he will be the point person for this initiative, if the lease agreement is passed. He said that Palm Beach County (PBC) would be on site to help residents with the application processes for documents that are needed for this program. Mildred (no last name provided), PBC Employment Counselor, joined virtually. She explained that they assist with a lot of things like paying bills, and sometimes they need locations to be able to help residents. She said that they have a training program, and they just need another location to assist with the process. Commissioner Cruz said that the Board of County Commissioners allocated money to assist residents that are struggling, and that she thinks it is great to have a location here in the City Hall, to be able to help residents. Vice Mayor Turkin thanked Commissioner Kelley for bringing this up to the City. Commissioner Kelley thanked Mildred. She said that the City is limited with what they can help residents with, and that the County has unlimited resources, and it would be nice to have someone locally here to help. 756 Meeting Minutes City Commission Meeting Boynton Beach, FL April 18, 2023 Mayor Penserga said that there are a lot of people in the community that need help, and this will help even more with resources. Motion: Vice Mayor Turkin moved to approve the item. Commissioner Kelley seconded the motion. The motion passed unanimously. 7. Consent Bids and Purchases over $100,000 A. Approve Amendment No. 1 to Task Order UT -3E-04 with West Architecture + Design, LLC in the amount of $47,100 for the Water Quality Laboratory Improvements project at the West Water Treatment Plant for a total Purchase Order amount of $165,140.00 and not to exceed $200,000 per the City of Boynton Beach General Consulting Services Contract 046- 2821-17/TP. B. Approve the purchase of eight (8) replacement vehicles that were approved in the FY22-23 budget for an estimated amount of $786,112 by utilizing the City of Tallahassee Contract 5179-2023, Florida Sheriffs Contract FSA22-VEH20.0, and Bradford County Sheriff's Contract 22-27- 1.0. Motion: Vice Mayor Turkin moved to approve the Consent Bids and Purchases over $100,000. Commissioner Kelley 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. Approve request for Major Master Plan Modification (MPMD 23-002) and Major Site Plan Modification (MSPM 23-003) to the Ocean One project to allow the construction of a mixed-use development consisting of an eight (8) -story building with 371 dwelling units, 25,588 square feet of commercial space, associated recreational amenities, and parking, on a 3.71 -acre site, located east of North Federal Highway between East Boynton Beach Boulevard and East Ocean Avenue, in the MU -C (Mixed -Use Core) zoning district. Applicant: Brian Bartczak, BB1 Development LLC. Mayor Penserga commented on the process. 12 757 Meeting Minutes City Commission Meeting Boynton Beach, FL April 18, 2023 City Attorney Cirullo read both titles into the record. He swore in everyone who wanted to give testimony into the record. Mayor Penserga asked if both Items 8A and 8B are being addressed together. City Attorney Cirullo said yes because everything is interrelated. Vice Mayor Turkin said that he would like to table this item because of the Park Master Plan. He said that he would like to be able to do his due diligence and get more community input before they move forward. Motion: Vice Mayor Turkin moved to table this item. Commissioner Kelley seconded the motion. Commissioner Hay asked what they are voting on tonight with Items 8A and 8B. City Attorney Cirullo said that they are voting on the final site plan modification applications. Commissioner Hay asked the applicant what kind of impact this has on their timeline. Commissioner Kelley said that she would like to hear the presentation, but her issue is that she understands that there are meetings that are being put in place, but it has not happened yet. She said that she would like to see the presentation but is not comfortable voting on this before the applicant can meet with the residents. Commissioner Hay said they discussed this item for over 3 hours at the CRA meeting. He asked the applicant if the meeting has happened with the community, since then. Ms. Bonnie Miskel confirmed that she has been sworn in, and noted that she is representing the applicant. She spoke about providing ideas with the community to help them with their needs. She said that they have a Community Meeting scheduled for May 15t,and they had a meeting with another few neighbors already. She said that they are available to meet with the community, but that those meetings do not have anything to do with the application process, which meets requirements. She said that this would hurt her client financially because this has been stalled over 8 months. She asked to present, to show that they meet the requirements of the law and not whether they need to contribute to a property that is deficient in parking spots. She said that this is not a park and should not be a part of the Park Master Plan. Mayor Penserga clarified that he said Parking Master Plan earlier in the meeting. Vice Mayor Turkin said that nobody has reached out to him, and he would like to 13 758 Meeting Minutes City Commission Meeting Boynton Beach, FL April 18, 2023 collaborate with the applicant. Ms. Miskel said that he made his position clear at the last meeting that he is not supporting this project. She is asking for the same treatment that Affiliated went through. She said that they should consider their requirements, not deficiencies of other properties. Mayor Penserga said that he is in favor of hearing the presentation today and hearing out the residents too. Commissioner Hay said that when a developer meets the requirements, we open ourselves up to more closed -door sessions. He asked if this is heard tonight, does this lock them in to voting tonight. City Attorney Cirullo said that when they approve an application, they are approving up or down what is before them. He explained the process for amendments, if necessary. He said that tonight, they would be voting on what is before them. Commissioner Hay asked Ms. Miskel if this were to be voted on in their favor, would they be open to the idea of modifying later down the road. Ms. Miskel explained some of the possible ideas that they have and if it would require code changes or not. She said that at this point they need to get their site plan approved so that they do not have a financial burden. She said that in 2017, with the prior applicant, nobody ever mentioned parking. She spoke about what the prior project was given. Mayor Penserga said that he would like to hear the presentation and residents. He called for votes on the motion given. The motion failed 3-2, with Commissioner Hay, Commissioner Cruz, and Mayor Penserga dissenting. Ms. Miskel spoke about Ocean One as follows: property location; approved master plan; approved elevations east and north; approved elevations west and south; application requests: major master plan modification and major site plan modification; proposed master plan/site plan; and rendered site plan. Mr. Garret Bildfort, Architect, spoke about the following: typical floor plan; proposed elevations; and proposed elevations continued. Ms. Miskel spoke about the following: application requests- community design appeals; community design appeal garage wrapped with habitable space; community design appeal: build to line, N. Federal Highway; proposed architectural rendering: view from west/N. Federal Highway; community design appeal build -to -line, Ocean Avenue; proposed architectural rendering: south elevation view from ocean avenue; 14 759 Meeting Minutes City Commission Meeting Boynton Beach, FL April 18, 2023 proposed public plaza along ocean avenue; community design appeal: build -to -line, E. Boynton Beach Blvd. & NE 6t" Court; building massing; and staff recommendation of approval. She mentioned that they meet all the requirements of the code. She said that her client is willing to be a part of the solution. She stated that they are ready to go. She commented that there is nothing in the code that will allow the Commission to deny or postpone the application. Mr. Andrew Meyer, Senior Planner, spoke about the following: request; location and background; projects within vicinity; proposed site plan; proposed landscape plan; proposed elevations; community design appeal; wrapped parking structure; build -to - line; staff recommendation; and questions. Public Comment: Rick Dunsten stated that they are not asking to have the applicant solve their problem. He spoke about the parking spaces and mentioned that they just want this done right. Linda Cross stated that she is the past chair of the CRAAB, and she handed out three recommendations that were made by the Board in 2017. She spoke about the requirements and what was requested of them with the first developer. She said that this is not a Marina Village parking problem, it is a City problem. Eileen Brugelary, spoke about the present and the future. She mentioned that public parking areas are full every day during season. She explained the parking issues in the surrounding properties. Annette Sitesler stated that she is looking for a more community -minded appeal. She said that parking needs to be a priority and not an afterthought. She said that it is within the power of the Commission to think about the future. Dr. Alina Newman said that they will not welcome additional density. She stated that there are more accidents each day, and she that sometimes it is impossible for them to get to their own homes because of traffic. Alan Newman spoke about the impact of this project. He spoke about public parking being difficult, especially on the weekends. He said that this neighborhood cannot handle additional density. He spoke about the parking at the beach and inlet. Ivonne Scavron spoke about the AC compressors on the roof. She said that she would like for those to be disguised. She commented on the parking plan and asked for additional parking. She asked about additional transportation from the City, such as a trolley. She said that they had to wait 30 minutes for first responders to show up, when they called 911, due to traffic. 15 760 Meeting Minutes City Commission Meeting Boynton Beach, FL April 18, 2023 Hope Cloud spoke about safety issues, which she said are linked to inadequate parking spaces. She talked about people being let out on the passenger side and darting across the street. She asked for this development to not be approved without more parking. Mark Meyer was sworn in. He stated that he is with Inca and they had a meeting with the Hyperion Group and they spoke about parking and other aspects of this project. He spoke about brown fill requirements, drainage issues, and asked for a phase 2 condition. Vanessa Balmonte spoke about Ms. Miskel ignoring the issues that have been around for 20 years. She spoke about downtown parking issues, drainage, and traffic. She asked the Commission to put a hold on the project and have a community meeting. Barbara Hamilton spoke about an emergency vehicle that could not get through the traffic. She said that the Boynton Beach marina area has little to no access to public transportation. She asked that we have adequate parking, not just what meets code. Brendon Smith stated that there were some problems with urban planning, but parking was not part of it. He said that the presentation that was compelling but there was a take it or leave it attitude, which was unnecessary. He said that this particular site plan does not have adequate parking. Cheryl Rifkin stated that she applauds the developer for some of their things in the site plan. She said that they want to not look to the code, but to future proof of quality of life. She mentioned that they do not have the public transportation in the area, and there are no playgrounds or schools in the area. She spoke about financing falling through. Virtual comments: Two Jason Moro stated that he is for this modification plan and that he supports more mixed affordable housing developments. Tony Moro said that he sees this as a fantastic opportunity, and we should not take it lightly that we could lose it. He said that he understands the parking problem, and that this is an issue whether this project is built or not. He spoke about the positive aspects of the project, such as more jobs. Amanda Radigan, Director of Planning and Zoning, addressed a few public comment concerns: schools plan accordingly when new developments happen; AC units are required to be integrated into the architecture; and parking perceived from code- 128 spaces that are accessible to the public. 761 Meeting Minutes City Commission Meeting Boynton Beach, FL April 18, 2023 Ms. Miskel spoke about the number of spaces that are open to commercial and not restricted, which are 171 spaces. She stated that Marina Village paid for extra parking. She reiterated that the code does not have a requirement that they provide other public parking. She said that there are good incentives for providing parking through TIFF but said that this cannot be rejected because of public parking. She spoke about parking being everyone's problem, not just her problem. She said that her client would donate the money for a master parking study. She stated that they are fully incasing the AC unit, so that they are looking at decorative architecture. She said that they are committed to working with their neighbors and the City. Commissioner Kelley commented that she is aware of the parking issues and mentioned that they have been talking about more mobility downtown. She said that this is a priority for the Commission. She mentioned that the residents like to be involved, and communication is a problem. She asked about the shared parking component and impact on the commercial usage. Ms. Radigan stated that they spoke to the applicant about this and mentioned that there is a gate that will separate the private parking spaces. She mentioned the different options that were discussed with the applicant and said that operational strategies are not a part of the application, but it can be added. Ms. Miskel spoke about it being easier to have restrictions when these are rental properties, and they have no problem with that condition. Commissioner Kelley asked if there a plan in place for the commercial spaces. Ms. Miskel spoke about the problem with restricting the public parking. She said that there is plenty of padding for the parking above their requirements. Mr. Jordan Taylor, Hyperion, stated that they reached out to the public and they are committed to continuing communication with them. He said that they are prepared to work with the community for more parking, but on their site, they have more than enough spaces for their site plan. Commissioner Hay commended the applicants and staff for working together to resolve the parking issues. He said that they need to look at their code so they can better address this in the future. He mentioned the master parking plan study and their willingness to help pay for it. He said that they should look at getting a trolley again in the downtown area. He commented that he is satisfied with what has been presented and that they have met the requirements. He commented that we have the right Board and Staff to be able to work with the impact of more development down the road. Commissioner Cruz mentioned flood zones and king tides, and asked what the City can do to prevent the king tide. 17 762 Meeting Minutes City Commission Meeting Boynton Beach, FL April 18, 2023 Deputy City Manager Mack stated that the king tides go over the seawalls. He said that this will be an effort with the City and FDOT. Commissioner Cruz asked if there is anything they can do to mitigate the issue, and that maybe they can start building higher. Deputy City Manager Mack said a typical strategy when building homes in a flood plain is to raise the first floor. Commissioner Cruz asked what we can do to be proactive instead of reactive. Ms. Radigan spoke about flood plain regulations and the building codes. There was discussion regarding the following: flooding in the downtown area, especially during king tides; and local City flood regulations, which are more stringent than the State. Commissioner Cruz asked for consensus to bring this back to a future agenda item regarding flooding. Ms. Radigan stated that she would invite the building official to make a presentation regarding the issue. There was discussion regarding the following: a master plan for transportation; mobility plan that is in place and adopted about a year ago; mobility study; balconies with transparency that are nicer than the renderings, such as glass; conditions to get back with staff to make the balcony more transparent; fagade renderings with the balconies facing Federal; and clarification on what the Commission is being asked to approve today. City Attorney Cirullo stated that they are reviewing the information and record of what was presented to them to determine if the application meets criteria/code. He said if they determine a deficiency of code, they would not approve it. Commissioner Cruz asked for clarification on parking spaces. Ms. Radigan clarified that the applicant is providing 171 public parking spaces instead of the required 128 spaces. Vice Mayor Turkin asked for this to be continued because he would like to have an incentive created to have more parking included. He said that he does like a lot of things from the project, but he hears a lot of complaints from constituents in his district. He said that he does not want to kill this project, but he is asking for the Commission to address the community concerns and continue negotiations. He said 18 763 Meeting Minutes City Commission Meeting Boynton Beach, FL April 18, 2023 that he is not going to vote for this because he wants to continue the conversation. Mr. Taylor stated that they can commit to having the meetings, but he cannot push off site plan approval further. Ms. Miskel stated that it takes months to start working on submitting permits. She said that they probably can have more conversation to work with staff to expedite something to help with the parking problem. Vice Mayor Turkin said that he will not support this now, but he might in the future. Mayor Penserga stated that this need for parking has been brought to the forefront, and that this is a regional concern, and we need more parking in the area. He said that he has already put forward suggestions on mobility to help resolve the issues that are not limited to one building, with a master parking plan. He mentioned that the City should be thinking about a public parking garage. He said that he cannot violate peoples' property rights, but based on all the facts, the applicants have met code. Ms. Radigan summarized additional conditions of approval: identify and commit to operational strategies to minimize residential overflow parking; voluntary $30K contribution to put towards a master parking plan within 60 days of development order approval; and continue discussion with City to potentially include public parking. Commissioner Hay stated that he agrees with a public parking lot. Motion: Commissioner Hay moved to approve the item with three additional conditions. Commissioner Cruz seconded the motion. Motion passed (4-1) with Vice Mayor Turkin dissenting. B. Approve requests for two (2) Community Design Appeals (CDPA 22-005 & 23-009) of Part III, Chapter 4, Article III, Section 6.F.2.d., which requires habitable floor area to wrap all upper -levels of the parking structure where the structure has frontage along a public right-of-way, to allow for alternative design solutions for the fagades of the parking garage as proposed and four (4) Community Design Appeals (CDPA 23-001, 23-002, 23-003, & 23-004) for Part III, Chapter 3, Article III, Section 5.C.1, Table 3- 22, Footnote 7, which requires that buildings be placed at a distance from the property line no greater than to accommodate for the pedestrian zone, to allow for a stepback provided at the ground floor. Motion: Commissioner Hay moved to approve the item. Commissioner Kelley seconded the 19 764 Meeting Minutes City Commission Meeting Boynton Beach, FL April 18, 2023 motion. Motion passed (4-1), with Vice Mayor Turkin dissenting. 9. City Manager's Report- None 10. Unfinished Business A. Continue discussion and selection of a Sister City in Ukraine. Motion: Vice Mayor Turkin moved to postpone the item. Commissioner Hay seconded the motion. Motion passes unanimously. Motion: Vice Mayor Turkin motioned to recess for 5 minutes. Commissioner Kelley seconded the motion. Motion passes unanimously. Mayor Penserga reconvened the meeting at 10:48 P.M. 11. New Business- None 12. Legal A. Proposed Ordinance No. 23-008- First Reading. Amending Chapter 2, "Administration" Article X, "Personnel Policy Manual" of the Code of Ordinances to update the Employee Handbook (fka Personnel Policy Manual) of the City of Boynton Beach. City Attorney Cirullo read the title of the Ordinance into the record. Ms. DeCoste spoke about the Personnel Policy Manual background and changes. Commissioner Kelley said that the parental leave benefit is very important and should have happened long ago. Motion: Vice Mayor Turkin motioned to approve the item. Commissioner Kelley seconded the motion. Motion passed unanimously. Commissioner Kelley mentioned ARPA Funds going to the schools, and how Mr. Durgan helped with the initiative. She said that Imagine Chancellor has not received the grant, and they were supposed to, so she said that staff needs direction on this. Mayor Penserga asked if all the application documents are ready to go. 20 765 Meeting Minutes City Commission Meeting Boynton Beach, FL April 18, 2023 Commissioner Kelley said yes. Assistant City Manager Matos said that the dollar amount is $9-10K. There is consensus to add the item to the next Commission agenda and receive an update from staff. B. Review Advisory Board Ordinance, requested by Commissioner Kelley. 13. Future Agenda Items A. Discussion regarding installing a coral reef at Oceanfront Park, requested by Vice Mayor Turkin -May 2, 2023 B. Consider revised local rules for approval. - TBD C. Discussion regarding American Rescue Plan Funds, requested by Mayor Penserga - TBD D. Discussion regarding future cemetery lots in Boynton Beach, requested by Commissioner Hay- TBD E. Discussion for Ordinance regarding tints for paraphernalia shops, requested by Vice Mayor Turkin - TBD F. Look into lowering or waiving arts impact fees for small businesses, requested by Vice Mayor Turkin- TBD G. Discussion regarding changing minimum requirements for traffic studies, requested by Vice Mayor Turkin- TBD H. Update regarding speedbumps throughout the City, requested by Vice Mayor Turkin-TBD I. Discussion regarding bringing more jobs to the City at former ToysRUs site, requested by Vice Mayor Turkin.- TBD J. Discussion regarding Ordinance for minimum sized units, requested by Commissioner Cruz -TBD K. Discussion regarding Ordinance for giving preference to local businesses for contracts, requested by Commissioner Cruz -TBD L. Discussion regarding housing for the homeless in the City, requested by Commissioner Hay -TBD 21 766 Meeting Minutes City Commission Meeting Boynton Beach, FL April 18, 2023 Motion: Vice Mayor Turkin moved to adjourn the meeting. Commissioner Hay seconded the motion. The motion passed unanimously. There being no further business to discuss, the meeting was adjourned at 10:55 P.M. CITY OF BOYNTON BEACH ATTEST: Maylee De Jesus, MMC City Clerk 22 767