Minutes 09-17-19MINUTES OF THE CITY COMMISSION MEETING
HELD AT THE INTRACOASTAL PARK CLUBHOUSE
2240 N. FEDERAL HIGHWAY, BOYNTON BEACH, FLORIDA
ON TUESDAY SEPTEMBER 17, 2019 AT 6:30 P.M.
Steven B. Grant, Mayor
Justin Katz, Vice Mayor
Mack McCray, Commissioner
Christina Romelus, Commissioner
Ty Penserga, Commissioner
1. OPENINGS
A. Call to Order - Mayor Steven B. Grant
Mayor Grant called the meeting to order at 6:30p.m.
Lori LaVerriere, City Manager
James Cherof, City Attorney
Crystal Gibson, City Clerk
Invocation by Reverend Hernandez of St. Vincent Seminary
Pledge of Allegiance to the Flag led by Vice Mayor Justin Katz
Roll Call
City Clerk Gibson called the roll. A quorum was present.
Agenda Approval:
1. Additions, Deletions, Corrections
Mayor Grant requested to add an announcement regarding Feeding South Florida. Vice
Mayor Katz, requested a brief discussion about the delegate status for commissioners in
regards to associations, indicated this should be under Legal. Commission Romelus
asked if today was the last day to use the unused community support funds. Lori
LaVerriere, City Manager replied the money does not roll over to the next year.
Commissioner Romelus and Vice Mayor requested to walk on Community Support funds.
2. Adoption
Motion
Commissioner McCray moved to approve. Commissioner Penserga seconded the motion
that unanimously passed.
Meeting Minutes
City Commission
Boynton Beach, Florida September 17, 2019
2. OTHER
A. Conduct Second Public Budget Hearing for FY 2019/2020 Annual Budget.
PROPOSED RESOLUTION NO. R19-093 - Adopt the Final millage rate for the
General Fund for Fiscal Year 2019-2020.
Mayor Grant stated the millage rate for the City of Boynton Beach was 7.9.
Mayor Grant opened up for public comments. Seeing none, Public Audience closed.
Motion
Commissioner Penserga moved to approve. Commissioner McCray seconded the motion
that unanimously passed.
PROPOSED RESOLUTION NO. R19-094 - Adopt the Final Budget for the General
Fund and all other funds for Fiscal Year 2019-2020.
Mayor Grant requested the total for the General Fund and the total budget.
Mara Frederiksen, Director of Financial Services, replied the General Fund is
$96.358M, which is 42% of all Funds; the total budget for the City of Boynton Beach is
$226M.
Susan Oyer, 140 SE 27 Way, noted there was an unstable political climate. Indicated
gas prices will increase because of the attack on Saudi Arabia and wants to make sure
there was enough money in the reserve.
Motion
Vice Mayor Katz moved to approve. Commissioner Penserga seconded the motion that
unanimously passed.
Attorney Cherof noted this concludes the annual budget and millage adoption process,
which included two public budget hearings, the last meeting on September 5, 2019 and
September 17, 2019. Attorney Cherof re -announced the millage rate of 7.9%, the millage
of 4.75% above the rolled back rate of 7.5418 mils.
B. PROPOSED RESOLUTION NO. R19-095 - Ratification by City Commission of
the Boynton Beach Community Redevelopment Agency (CRA) annual budget for
fiscal year 2019-2020.
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Boynton Beach, Florida September 17, 2019
Motion
Vice Mayor Katz moved to approve. Commissioner McCray seconded the motion that
unanimously passed.
C. Informational items by Members of the City Commission
Vice Mayor Katz, Commissioner McCray, and Commissioner Penserga did not have any
disclosures.
Commissioner Romelus met with Jim Knight and representatives from certain areas in
District III. She announced, Walmart is offering a $30 gift card for returning used car
seats.
Mayor Grant noted on September 6th he spoke with some seniors from the Community
Caring Center at First Presbyterian Church, attended a ribbon cutting in the City of Delray
Beach regarding their new trolley system. He also attended a youth summit at St. Paul.
On September 8th. he attended a rally to end gun violence. September 9th, he attended a
pitch competition over at 1909 with Commissioner Penserga. September 10th, he attended
South Tech's Ground Breaking at their new location; he also attended an unveiling of
Josh's Benches at JC Park. He spoke with the Umbrella Company, which helps seniors
with daily tasks. In addition, he had a meeting with the Veterans of Foreign Wars in
regards to their upcoming renaming. September 11th, he spoke at Christ Fellowship for
the Firefighter Chiefs' 9/11 memorial. September 12th, he attended a Literacy Luncheon
with Lori LaVerriere, City Managerand he was excited about Read for the Record.
Attended a grand opening at Phairis Luxury Salon. September 13th, he attended the
National Anthem Day at Christa McAuliffe Middle School. September 15th, he went to see
The Peanut Butter Falcon, with Zack Gottsgen.
3. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND
PRESENTATIONS.
A. Announcement of recent state and national marketing and event awards.
Suzanne Neve, Chief Executive Officer of the Florida Festivals and Events
Association, will announce the state awards. Eleanor Krusell, Public
Communications and Marketing Director announce the National Awards.
Suzanne Neve, Chief Executive Officer of Florida Festivals and Events Association,
thanked for the opportunity to present the awards. These awards are the recognition of
the City and its residents. The City received 7 SUNsational Awards from the Florida
Festivals & Events Association (FFEA) for its Civic Center Demo Event (3), 4th of July
Independence Day 2018 (2) and Brightline Quiet Zones PR/Media Campaign (1). The
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Boynton Beach, Florida September 17, 2019
City of Boynton Beach also received the "Most Innovative" Award for its "Town Square -
Six Events in Six Days" events. She was proud to award the City of Boynton Beach the
awards. She congratulated the team for making this a success.
Lori LaVerriere, City Manager, stated this award, the special designation, they can apply,
for this award, this award voted on by all the peers in the industry, which is remarkable.
Eleanor Krusell, Public Communications and Marketing Director, noted in addition to the
award, they received from FFEA, she wanted to mention the City notified they received
three national awards from the City County Communication Marking Association. The City
received three national awards from the City -County Communications and Marketing
Association (3CMA), a national organization of over 1,000 members. Of the 704 entries
submitted and judged, the City received awards for its Calendar; Hoover is Happy Social
Media Campaign (Most Creative Activity with Least Dollar Spent) and Civic Center Demo
(Special Events - One Time Event). In 2018 the July, for the promotional item and
photography, the most innovative award, for its Town Square, voted on by its peers.
These pictures posted on the website. The City of Boynton Beach is unique and
innovative.
Commissioner Romelus noted that Eleanor personally is great. Congratulated what she
is doing for the City of Boynton Beach. Noted Hoover is a hound dog, when there were
trains, hoover the dog would howl every time. The City of Boynton Beach has been
designated a quiet zone. Commissioner McCray thanked Eleanor for her presents.
B. Announcement by Laura Lansburgh, Marketing Manager, about the City's Baby
Safety Expo
Laura Lansburgh, Marketing Manager. Stated one of the hardest count population was
children under the age of five, with September being baby safety month, the City is
conducting a Baby Safety Expo taking place on Monday, September 23, 2019 at the
Schoolhouse Children Museum, which would include; safety checks, kids print
identification cards. Participating in the expo would be Healthy Mothers Heathy Babies of
Palm Beach County, Florida Department of Highway Safety and Motor Vehicle, Inspire
Chiropractic, City of Boynton Beach Fire and Police Departments, Recreation
Department, and the Boynton Beach City Library. The expo will feature fun, game, and
more. This event created to serve three purposes; to market the 2020 census to the hard
to count population of children under five, provide a community service to the residents
informing them about safely related issues, hosting the expo at the School House
Children Museum would remind the community the museum is open to the public during
the construction. Postcard promotion were issues to local preschools and to Bethesda
Hospital as well a City Facilities, they targeted social media as well.
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materials with ease. Pay fines and fees with cash, credit or debit cards. Commissioner
Penserga asked was there enough material for an art exhibit. Mr. Clark replied there is
enough material for an exhibit, but the space was limited at the temporary facility.
Commissioner McCray asked if this would replace employees. Mr. Clark stated that with
the assistance of this technology, staff could possibly open the library on Friday.
Mr. Clark indicated he had written a grant to pay for the system. The automated material
handling return system will be located outside the building. Laptops anytime kiosks, for
adults and teens, they would be able to use for about 3 hours. These iPad and iPad Mini
devices will be purchased with grant funds. There is a renewed commitment to customer
service, transition from a passive to proactive customer relation; addition of kiosks allows
for roving staff. Eliminate the need for staff to be stationary behind the desk and there will
be a greeter station at the front entrance. Self -check out assistant stationed at kiosk to
guide customers. Adding one full-time librarian. Restored Friday hours and will be open
from 9:00 to 5:00 pm. He is excited for the library.
Commissioner Penserga asked if the library has been in touch with the space center. Mr.
Clark responded no.
Commissioner Romelus noted that Palm Beach library system has rewrote their policy to
do away with fines. Mr. Clark said the idea was to take away the barriers for people who
cannot afford to pay the fees. Indicated Boynton Beach has a very friendly collection
agency, which sends out letters to clients who owe money.
Commissioner McCray asked if they could return books from other libraries to Boynton's
library. Mr. Clark respondea yes, that our library would then return the books to the other
libraries.
4. PUBLIC AUDIENCE
INDIVIDUAL SPEAKERS W ILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the
discretion of the Chair, this 3 minute allowance may need to be adjusted depending
on the level of business coming before the City Commission)
Arlene Houston, National Organization for Women, and beginning in 1965 they now
have 1M members serving the community. Invited everyone out on Oct 19, 2019 from
11-12:30 the program was meant for awareness. In order to have a referendum on the
ballot they need 766,000 signatures.
Michelle Lemon noted she was here to present Commissioner Christina Romelus, the
Alice Paul award. This award given each year to honor an individual who embodies the
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Boynton Beach, Florida September 17, 2019
Commissioner McCray stated they need the Coalition of Clergy now; they need to be in
partnership with the City.
D. Mayor Steven B. Grant to proclaim September as Deaf Awareness Month in
the City of Boynton Beach. Beth Wagmeister, Deaf Advocate, to accept the
proclamation.
Mayor Grant proclaimed September as Deaf Awareness Month.
Beth Wagmeister, Deaf Advocate, thanked the Commission and Mayor for the
proclamation. The City of Boynton Beach has had 139 employee which has become deaf
aware. She again thanked the Commission for being able to do the work she loves, to
insure everyone feels safe and secure. Noted there are currently 60 families in Boynton
Beach which are deaf
June McMahon, President at Florida Association of the Deaf, Boynton Beach, Florida,
noted she is proud to live in the City of Boynton Beach. She stated as a former teacher
of the deaf, she appreciates the City involving the deaf community of Boynton Beach.
E. Feeding South Florida, Mobile Food Distribution, September 21, 2019
Mayor Grant announced there would be a mobile food distribution at City of Boynton
Beach, Hester Center in Boynton Beach, from 8-11:00 am.
F. Per the request of the City Commission, Craig Clark, Library Director, will
provide an update to the City Commission on our library services and
programs.
Craig Clark, Library Director, shared information about the library's innovative
technology and mission. The satisfaction survey with city services was second to none.
He explained KOHA, latest news from the library and a new integrated Library system,
ILS, launching September 23, 2019. New system for customers to search the library, new
mobile WiFi hot spots launching September with free unlimited internet access through
Sprint, 14 units available for customers to check out with a 21 -day lending period. A Local
History Archive is now online at Boynton Library.
Commissioner McCray inquired if this was free. Mr. Clark replied it was free to the City
residents, but the City of Boynton Beach pays about $4,000 per year. He encouraged
the movement of the library.
Mr. Clark indicated the Boynton Beach City Library is home to a collection of 81 special
manuscripts, 60 of oral history. A growing digital library and knowledge library. In addition,
the library offers SEFLIN one card. This is an arrangement with other libraries to use the
library for free. New RFID self -checkout system, with three kiosks to borrow library
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Boynton Beach, Florida September 17, 2019
C. Quarterly update !)y Laura Lansburgh, Marketing Manager, about the City's
Census Marketing Efforts over the past quarter.
Census Day is April 1, 2020. A City Team has been working diligently to create awareness
of the upcoming Census.
Laura Lansburgh, Marketing Manager, updated and informed the Commission and the
community about the City's Census outreach efforts over the past quarter. The City was
hosting a count committee for people involved in the community to inform the community
about the census, creating a Facebook Live on October 1, and created marketing material
which is used for outreach. The postcards are in all the communities. The cards are in
three different languages. The postcard drives everyone to the website, the website is
ADA friendly. Postcards distributed at preschools and Bethesda Hospital. 100 car decals
will be distributed at the Baby Safety Expo, which state "Don't Forget to Count Your Kids"
Library computer home screens has a census folder. Library bookmarks districted 50.
Funfare Magazine ad directs people to the website. Water quality report and City
envelopes included the census logo, more than 20,000 to date. Creating a complete count
committee, outreach to local businesses, Facebook Live, census booth at senior center
open house, booth at Haitians & Friends United Against Breast Cancer, presentation of
GIS Day at St. Joseph Church, 1-95 billboards, print projects, Funfare and the 2020
calendar.
Commissioner McCray asked what was the response for the 200 invitations sent out. Ms.
Lansburgh replied they have received five RSVPs and with the follow-up email blast going
out tomorrow, more will be attending. Ms. Lansburgh provided the names of those who
RSVP'd. Commissioner McCray asked why the low turnout. Ms. Lansburgh responded
staff are hopeful more people would attend. Lori LaVerriere, City Manager stated the
individuals, which RSVP, are representatives of large groups of people. Ms. Lansburgh
pointed out they are meeting individually as well as with the committee. Commissioner
McCray stated he understood the City Manager, although they reach a large number of
individuals, it seems like a very low number and seems like it is not good enthusiasm.
Commissioner Romelus asked if they have the numbers for the last census and requested
the response rate from last year.
Vice Mayor Katz inquired if any of the RSVPs were from the Coalition of Clergy. Ms.
Lansburgh stated not to her knowledge. Vice Mayor Katz stated the City Manager meets
with the Coalition of Clergy on a quarterly basis and believed they are the perfect conduit.
He asked if there was an email listing for the Coalition of Clergy, to have at least a
representative.
Ms. Krusell responded there was a master email listing and the Coalition of Clergy email
addresses were included in a list.
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spirit of equal rights activist Alice Paul, and to continue Alice Paul's mission of advancing
gender equality in America. She then presented the award to Commissioner Romelus.
Charles Kanter 2905 S. Greenleaf Circle came out to speak about the purposed
acceptance of Quantum Overlay District. He indicated all the people in the HOA are happy
and are pleased with the progress. There was a little bit of a problem with five streetlights
on Quantum Blvd. He wanted to make sure the charge for street lights would be
eliminated from their bill.
Gary Fishman 3504 Diane Drive indicated this is a time sensitive matter regarding the
five acres adjacent to Lake Ida. This is an unmaintained jungle; this land should not
belong to the City of Delray Beach. Mr. Fishman stated it was not legal for the City of
Delray Beach to acquire the property from Palm Beach County.
Susan Oyer, 140 SE 27 Way, provided information regarding the Constitution of the
United States.
Ralph Louis, 1054 Gateway Boulevard, representing the HATT Foundation, announced
the Annual Turkey Drive held on Nov 23, 2019. Every year the HATT Foundation provides
at-risk families and individuals in the community with turkeys for Thanksgiving. Help us
make a difference in our community and be involved. According to United Way of Palm
Beach County, "more than 210,000 Palm Beach County residents don't know where their
next meal will come from and 64,000 children do not have enough to eat. One in seven
senior citizens are food insecure." This survey is based on residents of Palm Beach
County, FL.
Commissioner McCray asked if the company was a registered non-profit. Mr. Louis
replied yes.
Mayor Grant indicated that staff would post the information on the City of Boynton Beach
website.
No one else coming forward, Public Audience was closed.
5. ADMINISTRATIVE
A. Appoint eligible members of the community to serve in vacant positions on
City advisory boards.
Mayor Grant read the vacant openings. There were no applicants.
6. CONSENT AGENDA
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City Commission
Boynton Beach, Florida September 17, 2019
Matters in this section of the Agenda are proposed and recommended by the City
Manager for "Consent Agenda" approval of the action indicated in each item, with
all of the accompanying material to become a part of the Public Record and subject
to staff comments
A. PROPOSED RESOLUTION NO. R19-096 - Authorize the Mayor to sign the
application and agreement for Library State Aid to Public Libraries Grant for
FY2019-2020.
B. PROPOSED RESOLUTION NO. R19-097 - Accept the transfer of all assets
from the Quanturr Park Overlay Development District for ownership by the
City.
C. PROPOSED RESOLUTION NO. R19-098 - Resolution ratifying the Quantum
Park Overlay Dependent District annual budget for FY 2019-2020.
D. PROPOSED RESOLUTION NO. R19-099 -Authorize the Mayor to sign
Second Lease Amendment for the temporary space located at 2045 High
Ridge Road - Temp Police Headquarters.
E. Approve the issuance of an annual blanket purchase order to South Florida
Emergency Vehicles for an estimated annual expenditure of $75,000. South
Florida Emergency Vehicles is the sole source authorized dealer and repair
center for Fire Engine and Ladder units.
F. Approve the one-year extension for RFPs/Bids and/ or piggy -backs for the
procurement of services and/or commodities as described in the written report
for September 17, 2019- "Request for Extensions and/or Piggybacks."
G. Approve Task Order UT -3C-03 with Globaltech, Inc. in the amount of $69,301.00 in
accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract,
Scope Category C awarded by City Commission on August 7, 2018 for the West
Water Treatment Plant Arc Flash Study project.
H. Accept the Fiscal Year 2018-2019 Budget Status Report of the General Fund
and the Utilities Fund for the ten (10) month period ended July 31, 2019.
I. Accept the written report to the Commission for purchases over $10,000 for the
month of August 2019.
J. Approve the Bid for "ANNUAL BID FOR THE PURCHASE OF CLEANING
CHEMICALS AND JANITORIAL SUPPLIES" Bid No. 043-1412-19/MFD to
the following eight (8) companies: 5 Star Enterprises, Clean All Products,
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City Commission
Boynton Beach, Florida September 17, 2019
CleanAll Supply, Imperial Dade, Medline Industries, Pride Enterprises,
Pyramid School Supplies and Unipak on an overall basis, to the lowest, most
responsive, responsible bidders who met all specifications. Items will be
ordered on an "AS NEEDED" basis for an estimated annual expenditure of
$40,000.
K. Approve the minutes from City Commission meeting on September 5, 2019.
Motion
Vice Mayor Katz moved to approve the Consent Agenda. Commissioner Penserga
seconded the motion, which unanimously passed.
7. CONSENT BIDS AND PURCHASES OVER $100,000
A. Authorize the purchase of equipment and security tags to upgrade the
Library's Inventory and Security systems to Radio-frequency Identification
(RFID) Technology and an Automated Materials Handling System from
Bibliotheca, LLC of Norcross, GA in the amount of $236,634.38 as a sole
source vendor purchase.
B. Approve modification to the Landscape Maintenance award and annual
expenditure; Bid #029-2730-18/IT from $1,080,896.18 to $1,339,994.54
through the extent of the bid term on September 30, 2020.
Commissioner Romelus asked for clarification.
Andrew Mack, Public Works Director, responded as previously discussed, this item
would modify the award. Mr. Mack indicated Duval Landscaping decided to end their
relationship with the City. Reallocations of funds to a different vendor as well as
requesting an additional $100,000 to use for additional services on an as -needed basis
throughout the year. Mr. Mack pointed out this was being done in anticipation for next
fiscal year. This includes the median, park sites, vacant lots, and right of ways.
Commissioner McCray requested an update regarding the median on NW 17th. Mr. Mack
replied the City is scheduled to replace some curbing, and working with the Engineering
Department. Commissioner McCray requested staff to contact Sonny Garcia regarding
the timeline.
Mayor Grant asked who owns the median for Gulfstream Boulevard between Seacrest
and Federal Highway. Mr. Mack replied they split between the cities; the actual dividing
line is on the Southside of the median, that side of the median is wholly owned by the City
of Boynton Beach. Mayor Grant inquired if the road needed repairs, and inquired if the
City need to collaborate with the City of Delray. Mr. Mack stated that staff has been
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Boynton Beach, Florida September 17, 2019
having conversations with the City of Delray regarding design and implementation. Delray
Beach maintained the north; if those medians need to be done, they must contact the City
of Delray Beach.
Commissioner McCray asked what was the reason for the increase. Mr. Mack responded
Duval Landscaping was the lowest bidder; when they pulled out of the contract, the next
lowest vendor was selected. Commissioner McCray asked if the City was replacing
shrubbery. Mr. Mack explained the additional $100,000 is for replacing landscaping
which was missing in the island and the parks, increase per line item; there were some
islands which were left out.
Commissioner McCray asked which islands are being worked on. Mr. Mack responded
from Seacrest (C-16 canal) to Boynton Beach Boulevard. There were some shrubbery
and trees damaged by traffic accidents. Commissioner McCray asked if insurance covers
any of the damage when there are vehicle accidents . Mr. Mack said when they can get
the insurance information, the City does try to pursue monetary damages.
Motion
Vice Mayor Katz moved to approve. Commissioner Penserga seconded the motion that
unanimously passed.
C. Approve Task Order UT -1 C-04 with Carollo Engineers in the amount of $189,508.00
in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract,
Scope Category B awarded by City Commission on August 7, 2018 for the Reclaimed
Water System Expansion Hydraulic Analysis project.
D. Approve a change order in the sum of $269,412 with Haskell for the District
Energy Plant to provide funding to install a 350 -ton "swing" chiller. This will
result in a revised contract total of $10,716,956 for the plant construction, and
a revised purchase order total of $8,765,996.
E. Approve the one-year extension for RFPs/Bids and/ or piggy -backs for the
procurement of services and/or commodities over $100,000 as described in the written
report for September 17, 2019- "Request for Extensions and/or Piggybacks."
I 0=0
Vice Mayor Katz moved to approve the remainder of the Consent Agenda. Commissioner
Penserga seconded the motion that unanimously passed.
8. PUBLIC HEARING
7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS
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The City Commission will conduct these public hearings in its dual capacity as
Local Planning Agency and City Commission.
A. PROPOSED ORDINANCE NO. 19-029 - FIRST READING - Approve request
for abandonment of a portion of the unimproved NE 3rd Street right-of-way,
north of NE 9th Avenue, in connection with:
Attorney Cherof read the proposed Ordinance No. 19-029 into the record by title only
on first reading.
Amanda Bassiely, Principal Planner, indicated there were several amendments covering
four different topic areas. The scope includes LDR clean up, this included the site plan
and the master plan process and requirements, and it includes the increase minimum
density to the TRD, and some corrections from the previous version of the LDR. The
second part of the update MLK overlay per CRA plan. The third part of the Use Matrix
revision Part 1, the last was update of the definitions.
Ms. Bassiely provided a chart with the overlay boundary of the MLK district, a map shown
with the overlay boundary. 1 he red includes the overall boundary. The boundary in gray,
which touches MLK for frontage or currently has a commercial zoning designation, the
other portions in red are only to be included if they are within the same project boundary
as one of the gray parcels.
One of these amendments was to revise the overlays to be consistent with the other
overlays, which they have seen previously. Which covers nine categories. What makes
an overly different from zoning district is that it is a defined area, this was not anything
which crosses any type of zoning districts. Conflict, if there are conflicts between the
overlay regulations and other zoning districts the overlay district prevails. Modified
building/site regulations, this is what changes the underlining zoning district. There are
two, which are the Pedestrian Zone, Scale and Height. Showed a pedestrian zone
composed three portion, street tree, sidewalk and active areas. The pedestrian zones are
used for commercial district, outdoor dining merchandise display. For pedestrian zones
area they could be used for front yards, porches, and front doors facing sidewalk. The
next thing which would be changed would be the height on MLK is 35ft; the overall height
is still within the zoning district, capping a portion facing MLK.
Mayor Grant asked if there were some parking requirements for MLK. Ms. Bassiely
responded currently a blanket 50% reduction is applied. This was done initially only for
commercial development, what was done in this revision was to clarify. The 50%
reduction was specific to the commercial component to mixed-use development, not
applicable to the residential component.
Ms. Bassiely explained the relief process.
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City Commission
Boynton Beach, Florida September 17, 2019
Motion
Commissioner Romelus moved to approve. Commissioner McCray seconded the motion
that unanimously passed.
City Clerk Gibson called the role.
Vote
5-0
PROPOSED RESOLUTION NO. R19-100 - Accepting the dedication of
property from the Community Redevelopment Agency (CRA) and
realignment, and extension of NE 3rd Street from NE 9th Avenue to Martin
Luther King, Jr. Boulevard (ABAN 19-001). (Resolution adoption will be upon
second reading of the Ordinance)
Mayor Grant read proposed Resolution No. R19-100 into the record by title only.
Motion
Commissioner McCray moved to approve. Commissioner Penserga seconded the motion
that unanimously passed.
B. Approve MLK Overlay and Use Matrix Revisions Part I (CDRV 19-006) -
Amending the LAND DEVELOPMENT REGULATIONS:
PROPOSED ORDINANCE NO. 19-030 - FIRST READING -Amending the
LAND DEVELOPMENT REGULATIONS: (1) Chapter 1. General
Administration, Article II. Definitions;
Attorney Cherof read Ordinance No. 19-030 into the record by title only on first reading.
Motion
Commissioner Penserga moved to approve. Commissioner McCray seconded the motion
that unanimously passed.
City Clerk Gibson called the role.
Vote
5-0
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PROPOSED ORDINANCE NO. 19-031 - FIRST READING - (2) Chapter 2.
Land Development Process, Article ll. Planning and Zoning Division Services;
Attorney Cherof read Ordinance No. 19-031 into the record by title only on first readingy.
Motion
Commissioner Penserga moved to approve. Commissioner McCray seconded the motion
that unanimously passed.
City Clerk Gibson called the role.
Vote
5-0
PROPOSED ORDINANCE NO. 19-032 - FIRST READING - (3) Chapter 3.
Zoning, Article III. Zoning Districts and Overlays, and Article IV. Use
Regulations; and
Attorney Cherof read Ordinance No. 19-032 into the record by title only on first reading.
Motion
Commissioner Penserga moved to approve. Commissioner McCray seconded the motion
that unanimously passed.
City Clerk Gibson called the role.
Vote
5-0
PROPOSED ORDINANCE NO. 19-033 - FIRST READING - (4) Chapter 4.
Site Development Standards, Article V. Minimum off -Street Parking
Requirements, to implement modifications to MLK Overlay, modifications to
rezoning -master plan application process, corrections pertaining to Mixed -
Use zoning districts and revisions to Use Matrix, Residential and Lodging
category. Applicant: City -initiated.
Attorney Cherof read Ordinance No. 19-033 into the record by title only on first reading.
Motion
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Commissioner Penserga moved to approve. Commissioner McCray seconded the motion
that unanimously passed.
City Clerk Gibson called the role.
Vote
OR
C. PROPOSED ORDINANCE NO.19-034 - FIRST READING -
Approving efficiency improvements to the Site Plan Review Process (CDRV
19-007) through amendments to the LAND DEVELOPMENT REGULATIONS
Chapter 2. Land Development Process, Article II. Planning and Zoning
Division Services, Section 2. F. Site Plan, Including Time Extension and
Modifications that begin implementing staff recommendations from the
internal review of the City's development review process. Applicant: City -
initiated.
Attorney Cherof read Ordinance No. 19-034 into the record by title only on first reading.
Amanda Bassiely, Principal Planner, Indicated the Code amendment was part of a larger
project. Staff was competing a Development Process Review in an effort to begin
streamlining all of the different areas of the department, including the policies and
procedures, transparency, branding, education and training component. This amendment
has to do with the policy and procedures. This has to do with site plans and the five
categories of the site plans, there are five different exemptions, any types of projects,
which does not need to go through this process. The second is new site plans, between
major and minor site plans. Major site plans are any plans, which require Commission
approval and recommendation of the Planning and Development Board. The Minor site
plans are approved through staff as an administrative approval. The exemption covers
single-family internal modifications, pools or amenity changes, minor structural additions,
any new structures which are not residential which are less than a 1000 square feet,
garages, and exterior structures of residential buildings, these types of projects do not go
through the site plan process.
The last set of new site plans for major and minor. The Major would include residential
projects, which include more than 10 units, for commercial or nonresidential would be
anything over 15,000 square feet. The other three are qualifiers; if the plan needs any
type of conditional use or any type of relief or any other application, which requires the
City Commission approval, would automatically bring before the Commission. Ms.
Bassiely provided some examples of some conditional use versus the administrative
process.
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City Commission
Boynton Beach, Florida September 17, 2019
Provided some additional qualifiers for site plan modifications, which would dictate which
approval process. Indicated for a major site plan would increase 20% of square footage.
If it were a certified green building, it would raise to 25% of the square footage, if the
building needs relief or any type of adverse effect to neighboring property and/or it does
not resemble the approved plan. All of those would place it in the major process.
Everything, which is left, would be in the minor plan modification.
Commissioner Penserga inquired of the adverse effects. Ms. Bassiely responded adverse
effect would be a qualifier that the Director of Planning and Development would be able
to use if a project is influencing or doing anything to the neighbors which the code does
not anticipated. Indicated these are just site plans, which have land use, and zoning in
place.
Commissioner McCray inquired if this would expedite the permitting process. Ms.
Bassiely said a portion that is being changed has to do with the planning process; this is
before it gets to permitting, and it would shorten the time that it takes to get their permit.
This was the first set of amendments. The building department is part of the meeting,
which they are going through ways to make the entire process earlier.
Commissioner McCray asked if other cities are doing this. Ms. Bassiely replied other
cities have some of these thresholds in place. Commissioner McCray asked why the City
was so far behind. Ms. Bassiely indicated she was here to make it better.
Mayor Grant stated any minor site plan or new construction would not need to come
before the commission. Ms. Bassiely replied if they meet those qualifies, and they have
the land use, zoning and do not need relief they would go through an administrative
approval.
Motion
Vice Mayor Katz moved to approve. Commissioner Romelus seconded the motion that
unanimously passed.
City Clerk Gibson called the role.
Vote
5-0
9. CITY MANAGER'S REPORT -None
10. UNFINISHED BUSINESS - None
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City Commission
Boynton Beach, Florida September 17, 2019
11. NEW BUSINESS
A. PROPOSED RESOLUTION NO. R19-101 - Authorize the Mayor to sign an
Interlocal Agreement between the City of Boynton Beach and Boynton Beach
Community Redevelopment Agency (CRA) to provide financial support to
the Wells Landing, LLC in association with their application for the 9% tax
credit for Low Income Housing Tax Credits and sign any related application
documents to confirm such support.
Mayor Grant read Resolution No. R19-101 into the record by title only.
Commissioner McCray st-ated this project was not named Wells Landing. The
Commission has not selected a name for this project. Major Grant stated they do not get
to select a name on the project. Mayor Grant pointed out he does not believe this could
be stated for the record. Commissioner McCray disagreed.
Vice Mayor Katz stated when the applicant submitted their proposal that was the name,
which the applicant intended to name the project, which was the name of their LLC, but it
was subsequently, expressed this was not the name the Commission would support.
Motion
Commissioner Romelus moved to approve. Vice Mayor Katz seconded the motion that
unanimously passed.
B. Delegate Responsibilities
Vice Mayor Katz requested clarification and provided his interpretation on an appointed
commissioner. He stated other elected officials should not engage in City related
businesses unless there has been a discussion at a commission meeting. This has
created some confusion with the committees. He said with respect to "stay in their lane"
and respect the Commissioner as the representative of the association or committee.
Commissioner McCray agreed that is why they appointed a specific Commissioner to
represent the Commission.
Mayor Grant said he was on the League of Cities and the Transportation Planning Agency
and would encourage all Commissioners to speak to the board. Regarding the meeting
in question, he noted he was speaking as the Mayor. He asked what he does as their
delegate.
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City Commission
Boynton Beach, Florida September 17, 2019
Vice Mayor Katz responded he attends the meeting and speaks to their respective
leaders, whether it was issues which they have or which they want to bring before the
commission or if the Commission wants him to convey to them as their delegate.
Commissioner McCray noted speaking as the mayor, there are some things, which should
not be spoken. The Mayor should get with the City Attorney prior to offering his opinion.
Being the Mayor does not give you leeway to say anything to the public. The Mayor is
governed by the rules and regulations of the commission. Mayor Grant agreed.
C. Unused Community Support Funds
Commissioner Romelus requested to donate $250.00 of her Community Support Funds
to Connect to Greatness.
Commissioner McCray asked for an explanation of what is Connect to Greatness.
Commissioner Romelus noted Connect to Greatness is a non-profit organization, which
targets African American boys to envision their reality and become change makers in the
world. They empower young men to support community accountability and responsibility.
Motion
Commissioner McCray moved to approve. Vice Mayor Katz seconded the motion that
unanimously passed.
Vice Mayor Katz requested to donate $500 of his Community Support Funds to the HATT
Foundation and the remainder of the support funds to Boynton Rugby Club, founded by
the residents of Boynton Beach. He noted the young people, both boys and girls, do not
pay a fee. He thought this was an awesome opportunity for the youth in the community.
Motion
Commissioner McCray moved to approve. Commissioner seconded the motion that
unanimously passed.
12. LEGAL
A. PROPOSED ORDINANCE NO. 19-035 - FIRST READING - Approve
Ordinance establishing regulations regarding the posting of underage drinking
signs.
Attorney Cherof read Ordinance No. 19-035 into the record by title only on first reading.
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City Commission
Boynton Beach, Florida September 17, 2019
Motion
Commissioner Romelus moved to approve. Commissioner McCray seconded the motion
with discussion.
Vice Mayor Katz indicated his personal preference was to convert this ordinance into
some type of resolution. This ordinance was a law and businesses need to follow it. He
stated he did not see if there were any specified consequences, or if this was an
unenforceable ordinance.
Attorney Cherof responded this was an enforceable ordinance. The provisions for
penalty are set forth in section three, on page four. This would be the same as any other
municipal ordinance violation, the potential for imprisonment in County jail for up to 60
days or a fine of up to $500 or both. What would occur in the event of a violation is the
individual would receive a notice to appear issued by the Police or the Code Enforcement
Department.
Vice Mayor Katz stated his concern was businesses was aware of the drinking age, and
they should know they should not transfer, or anyone under 21 to consume alcohol. The
Commission will create a law that will fine or imprison any establishment or business
which serves alcohol, the City will require hundreds of businesses to put up a sign, with
size 30 font and if they do not they will be fined. Community Standards or Code
Enforcement people spending time enforcing this ordinance, and the individual would be
fined; he believed a resolution reporting this idea. He has a difficult time, stacking an
ordinance on existing law, which is very well known, threating, fining, and imprisoning
restaurant or brewery owners; he believed standing with the issue is better than creating
a redundant law, which could lead to punitive measures. He does not support punishing
people for not placing government-mandated signage.
Attorney Cherof noted this could be accomplished without having to convert this to a
resolution, by making an amendment to delete section three, which is the penal aspect of
the ordinance. This would leave the reporting requirement, which was set forth in section
four. This would leave the reporting aspect to the law enforcement. This would accomplish
the posting and move the ordinance forward. Vice Mayor Katz stated if this would be the
expedient way to achieve a law is which is well intention but is redundant.
Commissioner Romelus requested clarification. The third subsection indicates the sale of
the dispensing alcohol, is it the word penalizing the businesses for not posting the sign,
or is it penalizing the person for selling alcohol to underage people.
Mayor Grant asked if section 3 was the State of Florida Statute penalty or was that the
City Code Compliance penalty.
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City Commission
Boynton Beach, Florida September 17, 2019
Attorney Cherof responded the violation is for the City ordinance penalty in a section of
the City of Boynton Beach Code of Ordinances, which deals with municipal ordinance
violations. Mayor Grant stated this was not in the Ordinance. Commissioner Romelus
requested clarification. Attorney Cherof replied once adopted, any ordinance, which
violates the terms and condition can be cited under another provision of the City code, as
an ordinance violation. This would be a cross-reference of the City Code.
Commissioner McCray asked if there was a law already in the State of Florida, which
dealt with underage drinking. Attorney Cherof stated yes. Commissioner McCray asked
why the City is moving forward with this Ordinance. Attorney Cherof indicated this was a
request by the members of the community, which came forth to request upping the level
of communication. Commissioner McCray stated Attorney Cherof indicated if there was
already a law, why have the City place more signage. This seems to be redundant. The
businesses are aware underage patrons cannot be sold alcohol. Commissioner McCray
stated this is redundant and he believes the City is making more work for staff.
Commissioner Romelus stated as a maker of the motion, she was happy to amend her
motion based on what the City Attorney has said. If section three is stating the City would
need to enforce, being the Police Department is stretched, she does not believe the City
should go look for businesses, which do not post the sign. She feels that it would be
helpful for those who are wilting to put those signs up. Commissioner Penserga noted he
was in favor of this amendment; he does not want to penalize businesses putting up a
sign for business for something, which should be done. He was in favor of the
amendment.
Motion
Commissioner Romelus moved to approve as amended. Commissioner Penserga
seconded the motion that unanimously passed.
City Clerk Gibson called the role.
Vote
4-1 (Commissioner McCray dissenting)
Attorney Cherof noted the Ordinance would return to the Commission with the
amendment on second hearing.
B. City Commission is requested to review the Lien Modification Order issued by
the Special Magistrate at the August 21, 2019 hearing for case # 11-2277.
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City Commission
Boynton Beach, Florida September 17, 2019
David Schmit, representing the property owner: The client was requesting further
reduction of the lien. The property was purchased in 2015 for $215,000 and the property
owner became aware of the lien when the home was placed for sale of $167,000. The
property owner was taking a loss on the sale. 8/21/19 - Special Magistrate lien reduction
hearing — Magistrate recommended to reduce the lien from $262,134.12 to $15,112.65
(includes the unpaid admin fee of ($634.12) - 94% reduction.
Commissioner McCray stated usually a title search done prior to a purchase, which would
alert the purchaser of liens on the property.
Adam Temple, Community Standards Director, said this began back in 2011; the
property recently came into compliance. The property owner received their property
owner permit in July 2019. The owner found the violation during a title search. He
believed they still owe the administrative costs. Commissioner McCray asked what was
the amount of the administrative cost. Mr. Temple stated the cost is $632.12. Mayor Grant
stated his feeling the City should be made whole. The business tax receipt is $50 per
year, plus the certificate of occupancy 50 per year times eight years.
Mayor Grant asked how much is the daily amount charged for not having the business
receipt. Mr. Temple stated 2600 days.
Commissioner McCray asked when the City had a business tax receipt. He indicated they
were occupational licenses; by State Statute, they changed the terminology. The City has
always had some type of license since the City began.
Commissioner McCray stated he heard what the Mayor said; as long as the City recoups
the administrative fee, he would be fine with this. The property owner should have had a
title search prior to purchasing the property.
Mr. Schmidt stated this information came up after the property owner purchased the
property. He noted back business tax receipts are paid.
Mayor Grant asked if he paid the extra tax receipts. Mr. Schmidt responded yes.
Mayor Grant stated that when a customer does not pay their tangible property tax there
is a 25% fee, with that a $100 for the eight years, he would like to round it up to $1,000
to reduce the lien.
Commissioner McCray stated the administrative cost should be $634.12.
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City Commission
Boynton Beach, Florida September 17, 2019
Motion
Commissioner McCray made a motion for a reduction to the administrative cost of
$634.12. Commissioner Penserga seconded the motion, which passed. (4-1)(Mayor
Grant dissenting)
C. PROPOSED ORDINANCE NO. 19-036 - FIRST READING - PUBLIC
HEARING - Approve the change in qualifying dates for candidates for the
March 17, 2020 municipal election.
Attorney Cherof read Ordinance No. 19-036 into the record by title only on first reading.
Mayor Grant asked when were the qualifying dates and deadlines.
Crystal Gibson, City Clerk stated the qualifying dates are from noon on November 26,
2019 to noon on December 10, 2019.
Mayor Grant stated the candidates must have the information in by noon December 10,
2019, all the requirements certified by the Supervisor of Election including the $25.00
Filing fee for the City.
Commissioner McCray asked if those who have already filed would be made aware of
the dates and deadlines. Ms. Gibson indicated the candidates would be made aware of
the date change.
Motion
Commissioner Penserga moved to approve. Vice Mayor Katz seconded the motion that
unanimously passed.
City Clerk Gibson called the role.
Vote
5-0
D. PROPOSED RESOLUTION NO. R19-102 - Authorize the Mayor sign a
purchase and sale agreement selling a portion of Tract I in Quantum Park
Overlay Development District to FH Quantum LLC, which own 3301 Quantum
Blvd subject to the conditions of use by FH Quantum LLC.
Mayor Grant read the proposed Resolution No. R19-102 into the record by title only.
Mayor Grant asked the conditions.
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City Commission
Boynton Beach, Florida September 17, 2019
Andrew Mack, Director of Public Works noted the Legal Department was reviewing the
contract.
Attorney Cherof stated the contract for purchase and sale has not been finalized. He
believed there was an outstanding issue regarding a time limitation, whereby if the
property owner fails to perform in two years, is what the City negotiated the remedy would
be reversionary interest to the City. This City guaranteed that this would not be just a
transfer, but followed by a definitive action within a set period. All other terms and
conditions which have been proposed have been negotiated and satisfied are contained
in the current draft for the contract for sale and purchase. Attorney Cherof stated because
there was one outstanding issue as of this evening. Perhaps Mr. Weiner will indicate
whether his client would consent. Attorney Cherof noted this approval is still subject to
review and as the City Attorney, neither the Mayor nor he will sign until the conditions
have been reviewed and satisfied.
Mayor Grant inquired as to the conditions.
Michael Weiner, representing FH Quantum LLC, stated if there were negotiations
between Mr. Dugee and FH Quantum, his client provided an email consenting to the
reversion. Stated the construction has two years for completion. This would resolve the
outstanding issue.
Attorney Cherof stated this was a no -cost transfer of property; this was a finger of the
lake/pond area at the Northeast corner, to be filled and converted to parking.
Mayor Grant inquired of the square footage of the parcel. Mr. Mack replied the property
was 1.84 acre.
Mayor Grant stated they are selling this so they can build a parking lot.
Commissioner McCray asked if this came to the commission before. Ms. LaVerriere
stated this was the first time. (Commissioner Romelus left the dais at 8.45 pm.)
Motion
Commissioner Penserga moved to approve. Commissioner McCray seconded the motion
that unanimously passed. (4-0 Commissioner Romelus not available to vote)
E. Report by City Attorney on City of Delray Beach — Lake Ida Park Addition
Annexation.
Attorney Cherof, City Attorney stated on July 16, 2019, City of Delray Beach
(hereinafter "Delray") filed its petition for voluntary annexation with Palm Beach County
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City Commission
Boynton Beach, Florida September 17, 2019
seeking to voluntary annex a 4.06 acre site from unincorporated Palm Beach County
adjacent to Lake Ida and directly South of the City of Boynton Beach municipal
boundary. The City Attorney's Office was requested to provide information on options the
City has related to Delray's annexation application. (Commissioner Romelus returned to
the dais at 8:49 pm.)
The Attorney provided four options for the Commission to consider:
1. Challenging the Voluntary Annexation. Chapter 171 and Palm Beach County Charter
have procedures for voluntary annexation. The City can challenge the annexation by filing
an appeal following the adoption of the annexation or aggressively advocate against the
adoption of the annexation during the public meeting before the Delray Commission
Inter -Office Memorandum Wayor and City Commission Re: City of Delray Beach — Lake
Ida Park Addition Annexation September 11, 2019, or Palm Beach County Commission.
For appeals, the City must, no later than 30 days following the passage of the annexation
ordinance, initiate and proceed through the conflict resolution procedures established in
Chapter 164, F.S. [which is the "Florida Governmental Conflict Resolution Act."]. If there
is a failure to resolve the conflict, no later than 30 days following the conclusion of the
procedures established in Chapter 164, F.S., the City may file a petition in the circuit court.
In any legal action instituted under Chapter 171, the prevailing party is entitled to
reasonable costs and attorney's fees.
2. Political Advocacy. City Administrative Officers or the City Elected Officials may
advocate the City's position on the annexation to the Palm Beach County Administrator
or County Commissioners. The City may also seek to initiate informal discussions with
Delray prior to adoption and implementation of the annexation to discuss and resolve
potential issues. The City may also seek to initiate formal negotiations discuss and
resolve potential problems by negotiating an agreement pursuant to the Florida Interlocal
Cooperation Act of 1969 (Section 163.01, F.S.) between Delray and the City prior to
adoption and implementation of the annexation.
3. Initiate a competing annexation. Chapter 171 sets for the procedures for when a
municipality wishes to annex contiguous, compact, unincorporated territory. The nature
of the process would be involuntary and as such has no corresponding procedures under
the Palm Beach County Charter. The process will require consent of Delray.
4. Do nothing. The deed granted to Delray upon the express condition that the properties
used as open green space or for passive park purposes, which may include accessory
structures and improvements, such as pedestrian pathways, gazebos, shade structures,
and temporary docking facilities. In the event the Delray allows the property to be
developed and/or use for any other purpose, title of the property shall revert to the County.
Delray has stated intention was to maintain both properties as open space/ passive
recreation as restricted in the deed. This intention aligns with the City's goal of open space
and that the properties remain low impact.
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City Commission
Boynton Beach, Florida September 17, 2019
Attorney Cherof stated he and the City Manager was looking for direction in how the
Commission wanted to proceed.
Mayor Grant stated the Commission heard from the Public the sale should not have gone
through. The City of Boynton Beach was not the judicial organization to determine
whether the sale was valid with the City of Delray. The City of Delray received four acres
of Lake Ida property for $100,000. The reason the City of Delray was moving forward with
the annexation was the constant code violations, received by Palm Beach County. If the
City of Delray owned the land they do not need to worry about noncompliance, they can
follow their own rule. He indicated he does not want the land to go to the City of Delray,
but the City would be subject to attorney fees. However, the City could advocate with the
City of Delray.
Commissioner McCray noted he was in favor of seeing what the City of Delray was going
to do with the property.
Mayor Grant requested if the Commission agreed, to allow the City Manager to speak
with the City of Delray Beach regarding the purpose of the property and see if there was
something that the City and the City of Delray could do together.
Kalra Lakhmichand, property owner, pointed out the property initially offered to the City
of Boynton Beach by Palm Beach County to be used as a park. At that time, the City of
Boynton Beach did not have any land excess. Mr. Lakhmichand stated ex Michael
Fitzpatrick convinced the City of Delray Beach to purchase the land, once purchased the
City of Delray Beach realized there was no land access. The deed changed a few times;
the City of Delray was informed they must keep the area cleaned. He stated they tried to
clean the area by boat, but the debris was still on the vacant land. When the Hurricane
came last year, the City of Delray received funds to clean the area but they have not
cleaned the vacant land.
Mayor Grant asked what can the City do to assist; if the City files a lawsuit and loses; the
City would be liable for attorney fees.
Mr. Lakhmichand suggested speaking with the City of Delray to postpone the annexation,
since the County is a willing seller and he is a willing buyer everyone would be happy with
this conclusion.
Commissioner Romelus wanted to clarify; there is a deed restriction on the property,
which states the space must be maintained as an open space. Mr. Lakhmichand
responded the County sold the rights to FDOT and to the Lake Worth Drainage District.
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Meeting Minutes
City Commission
Boynton Beach, Florida September 17, 2019
Commissioner Romelus asked the City Attorney if the land has a deed restriction
regarding open /green space and nothing else can be developed on the subject property,
regardless of the owner of the property.
Attorney Cherof stated the conditions of the conveyance states the property shall be used
as open green space or for passive park purposes, which may include accessory
structures and improvement such as pedestrian passageway, gazebos or shade
structures and a temporary docking facility.
Commissioner Romelus indicated as of now, under the current ownership, the vacant
land could only be used as a green/open space. If the event was to happen where the
City of Delray would give it back to the County or sell it to the City of Boynton Beach, is
there any way the deed restriction could be lifted. Attorney Cherof noted the County could
release the restrictions with the current owners, whether it be the City of Delray, Mr.
Lakhmichand or the City of Boynton Beach, this could be done through negotiations.
Commissioner Romelus stated the target audience would be with Palm Beach County or
the City of Delray Beach; the City of Boynton Beach has nothing to do with this vacant
piece of property.
Gary Fishman 3504 Diane Drive, said what the City of Delray Beach has done was stolen
the land from the City of Boynton Beach, they changed the wording on the deed regarding
five year access. He stated at this this time they have a County Commissioner, which see
the violation. The neighbors do not want a park, eventually there would be access. This
was supposed to be luxury homes with 90 feet frontage to Lake Ida.
Mayor Grant stated if Mr. Fishman wanted to file a lawsuit that was his option. The City
of Boynton Beach was not going to file a lawsuit nor was it going to file for an annexation.
The only thing the Commission would do was to request the City Manager to speak with
the City of Delray Beach to see if the Delray was willing to sell the property to the City of
Boynton Beach. He does not know if this Commission would move forward with
purchasing the land. Mayor Grant indicated the reason why the Commission changed the
zoning in Quantum Park was so that they did not want tax-exempt property.
Vice Mayor Katz noted there was a failed vote by Boynton Beach, No Access, illegal code
violations, and this property carries some financial burden. He wanted to see how this
plays out. This was a dispute between the County and the property owner.
Mr. Lakhmichand stated the City of Delray does not have a road on the property and no
means to get to the property. Vice Mayor Katz, stated Mr. Lakhmichand made a high bid,
which Palm Beach County discarded; he was not willing to get the City of Boynton Beach
involved in this litigation.
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City Commission
Boynton Beach, Florida September 17, 2019
Mr. Fishman stated there are several hundred people in Boynton Beach, which do not
want the park.
Susan Oyer, 140 SE 127 way, noted she could argue there are people who want an
additional park. She asked why the City was giving away land.
Vice Mayor Katz responded this was County land, which the City never owned.
Commissioner Romules noted she would entertain a conversation with the City of Delray
regarding the land. Commissioner McCray was not in favor of moving forward.
Commissioner Penserga agreed to contact the City of Delray Beach.
There was a consensus for the City Manager to contact the City of Delray.
Vice Mayor Katz requested to have an update regarding Town Square by staff at the first
Commission meeting of each month. He would like to hear of issues, whether good or
bad. He would like to have a standing agenda item each month. Mayor Grant requested
every other month. Commissioner McCray agreed it should be every month. The
Commission needed to be kept abreast of what is going in regards to Town Square.
There was a consensus for the Commission to receive updates regarding Town Square
every month, beginning October 1, 2019.
Commissioner Romelus asked about the Social Media process. Ms. LaVerriere noted it
should be on the next meeting October 1, 2019.
13. FUTURE AGENDA ITEMS
A. Quarterly Census updates by Laura Lansburgh, Marketing Manager:
December 17, 2019
March 17, 2020
B. Discuss use policy for all City Parks - October 1, 2019.
C. Amendment to DROP provisions in City's three pension plans (Ordinance) —
October 1, 2019.
D. Presentation of a Resolution from the Florida Association of City Clerks,
recognizing Judy Pyle's retirement- October 1, 2019.
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City Commission
Boynton Beach, Florida September 17, 2019
14. ADJOURNMENT
Motion
Vice Mayor Katz moved to adjourn; Commissioner McCray seconded the motion that
unanimously passed. The meeting adjourned at 9:16 p.m.
(Continued on next page)
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Meeting Minutes
City Commission
Boynton Beach, Florida September 17, 2019
CITY T EACH
ayor - Steven B. Grant
s
r
ommission�--r�llacic McCray
CommissioOr ' Christina Romelus
Comr — T e ga
ueenester Nieves
Deputy City Clerk
29