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Minutes 01-07-20MINUTES OF THE CITY COMMISSION MEETING HELD IN THE INTRACOASTAL PARK CLUBHOUSE 2240 N. FEDERAL HIGHWAY, BOYNTON BEACH, FLORIDA ON TUESDAY, January 7, 2020, AT 5:30 P.M. PRESENT: Steven B. Grant, Mayor Justin Katz, Vice Mayor Mack McCray, Commissioner Christina L. Romelus, Commissioner Ty Penserga, Commissioner 1. OPENINGS A. Call to Order - Mayor Steven B. Grant Mayor Grant called the meeting to order at 5:30 p.m. Lori LaVerriere, City Manager James Cherof, City Attorney Crystal Gibson, City Clerk Invocation - Minister Bernard Wright of Bernard Wright Ministries. Pledge of Allegiance to the Flag led by Commissioner Mack McCray. Roll Call City Clerk Gibson called the roll. There was a quorum. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Grant requested to add two items to the announcements: the Census job fair and a speaker from Village Royale on the Green. Commissioner Romelus requested to remove item 5B. 2. Adoption Motion Commissioner McCray moved to approve the agenda as amended. Commissioner Penserga seconded the motion. Vote The motion unanimously passed. 2. OTHER A. Informational items by Members of the City Commission Meeting Minutes City Commission Boynton Beach, Florida January 7, 2020 Commissioner Penserga, Commissioner Romelus, Commissioner McCray thanked everyone for the sympathy cards, and Vice Mayor Katz had no disclosures. Wished everyone a happy new year. Mayor Grant noted on December 18th, he attended Coffee with a Cop held at Chick-fil-A restaurant. December 29th. he attended the Boynton Beach Mall for the 25th Hanukah lighting, with Chabad Boynton. January 2nd, he attended Business over Coffee in Boynton Beach. January 6th, he toured the new city hall. Thanked Colin Groff, Assistant City Manager for the tour. Wished everyone a Happy 2020, which is a year of vision to provide clarity, so we can focus on our action to reach our goals. Spoke with Christopher Nobel of the Washington Prime Group. 3. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS A. The City of Boynton Beach Water Utility will be temporarily changing its water treatment disinfection process to free chlorination beginning January 11th through January 31st. Mayor Grant announced the temporary water chlorination disinfection process. Michael Low, Deputy Utilities Director/Manager Technical Services, noted this is a routine annual re -chlorination period. He explained during this time residents and people may notice there is slight smell and discoloration to the water. This process is to clear the pipeline. The utility personnel would be working throughout the distribution system, and would be by flushing the fire hydrants to ensure the best water quality for the City of Boynton Beach. Commissioner McCray stated Channel 12 ran this article on the City of Boynton Beach in December 2019. Mr. Low replied this was a requirement of the Florida Statute to publish in the local newspaper. Indicated the news channel may have picked it up from the newspaper. Commissioner McCray asked if this notice would be published in the paper again. Mr. Low answered in the affirmative. Lori LaVerriere, City Manager, noted this was a requirement of the consumptive permit to operate the utility to do a super chlorination yearly. B. Proclaim January 12, 2020 as Haitian Earthquake Memorial Day. Jane Marcel will accept the proclamation. Mayor Grant proclaimed January 12, 2020 as Haitian Earthquake Memorial Day. Commissioner Romelus thanked the Mayor for the proclamation. Meeting Minutes City Commission Boynton Beach, Florida January 7, 2020 C. Announcement by Recreation & Parks Director Wally Majors about the 5th Annual Joe DiMaggio Children's Hospital Magic Wheels & Special Deals event and the 8th Annual Barrier Free 5k Run, Walk & Roll event. Wally Majors, Recreation & Parks Director, announced that on February 6th, the City of Boynton Beach would have the 5th Annual Magic Wheels and Special Deal event. Joe DiMaggio Children's Hospital will be the main sponsor of the event. This event features more than 28 local vendors and organizations, which support and provide services for individuals who have special needs. The highlight of the evening is the unveiling of the magic wheelchair. The City is excited about this event. On February 8th, Amir would be the honorary starter for the 8th annual Barrier Free 5K, Run, Walk, Roll event. D. Proclaim Monday, January 20, 2020 as Martin Luther King Jr. Day. Mayor Grant proclaimed Monday, January 20, 2020 as Martin Luther King Jr. Day. Commissioner McCray thanked the City for providing the proclamation. E. Announcement by Eleanor Krusell, Public Communications and Marketing Director, regarding the 2020 Martin Luther King Jr. Celebration. Eleanor Krusell, Public Communications and Marketing Director, provided an update on the celebration for the Martin Luther King Jr. Celebration. Monday January 20, 2020, from 12 noon until 4pm at Sara Sims Park, 209 NW 91h Avenue and encouraged everyone to bring the family. Noted they had their first meeting with 32 attendees. New this year there is a vendor row, such as healthier Boynton Beach and Feeding South Florida. Thanked the churches, which helped with the planning of this event. Thanked Christ Fellowship who is donating food to those in attendance; Calvary is providing a gospel group and dancers. Commissioner McCray thanked Ms. Krusell for reaching out to the community. This event is for the entire community. F. Present a Certificate of Achievement from Mayor Steven B. Grant to Anthonette Thompson, a recent Career Online High School (COHS) graduate that earned her high school diploma from the Library's online program. Mayor Grant presented Certificate of Achievement to Anthonette Thompson for achieving her high school diploma from the City of Boynton Beach Online Library program. Anthonette Thompson thanked the Boynton Beach Library staff, she is a mother of one, working, and she had to start over coming from Jamaica. She explained she was a teacher assistant of students with autism. This diploma will open doors for her, as she plans to continue her education to get a degree in childhood education. Wanted to encourage everyone to check out the library in Boynton Beach. Meeting Minutes City Commission Boynton Beach, Florida January 7, 2020 Commissioner McCray congratulated Ms. Thompson on her accomplishment. Commissioner Penserga asked details of the online high school diploma program. Jeannie Taylor, Library Assistant Director, informed the Commission the Boynton Beach City Library will award scholarships for Career Online High School to qualified learners looking to earn a high school diploma and advance their careers. Applicants who successfully complete an online self-assessment, a prerequisite course, and an in-person interview are considered for enrollment. Once enrolled, Career Online High School pairs each student with an academic coach. The student would come in to determine if the online program is something, which they can do. The student can get into the program with a Scholarship. Online help and tutoring is available. There is no cost for the program. Ms. Taylor reminded everyone January and February the library offers an adult reading club, must read 10 books and there is a reward of a free library bag. The library connects everyone to the world. G. General Election Proclamation for March 17, 2020 - presented by Mayor Steven B. Grant Mayor Grant proclaimed there is an election on March 17, 2020. Provided the polling locations. D. Census Job Fair. John Durgan, Economic Development Specialist, announced the City of Boynton Beach has collaborated with Pathways to Prosperity and Healthier Boynton Beach to host a Census job fair on Wednesday, January 8, 2020, from 12pm to 6pm at the Ezell Hester Center. The Census needs to hire 253 applicants in the City Boynton Beach. There will be some Census recruiters available. The payrate is up to $17.50 per hour. E. Presentation by Representative from the Village Royale on the Green Jackie Mistaragus, 2620 Village Royale on the Green, she was here to present two checks, one to the Fire Department and one to Police Department. Commissioner Romelus asked how many years has the Village Royale on the Green donated to the City Police and Fire Departments. Ms. Jackie indicated she has lived there 26 years and they were doing it prior to her coming. Meeting Minutes City Commission Boynton Beach, Florida January 7, 2020 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) Karen Ho, Boynton Beach resident, stated she was served a foreclosure from the City of Boynton Beach on December 23rd 2019. The liens on the property was about vegetation. The property belongs to the City of Boynton Beach. She stated her building does not have vegetation. She provided a map showing her property. She stated she proposed to sell the building for $140,000; she feels as though the City is trying the take her property. They have hired a professional civil engineer, now they have spent money; she does not understand why they have liens on the property when the city pulls up the ground and is not picking up behind themselves. She stated the properties involved were 1101, 1102, and 1103 North Federal Highway. The City of Boynton Beach is making up liens for the property. She requested the City to check into this. Mark Rickards, Kimley-Horn, 1615 South Congress, explained he was here on behalf of Josie's restaurant which has been a tenant in the River Walk Plaza since 1993. There has been ongoing construction going on since 2017. He explained what a restaurant needs is visibility and parking. There is very limited parking. The resubmittal plans need to address the parking concern, which protects Josie's restaurant during the redevelopment of the shopping plaza. He wants to bring this to the Commission's attention because he understands this would not come back to the Commission for approval. Mayor Grant stated he was at River Walk over the holiday weekend, he noticed people were parking along the fence. He was not aware what was in place now, he understands there was a contingency put into place, which the commission approved. The City needs to make sure there is access for the fire trucks to have access. He would like to have this brought back to the Commission. Commissioner Penserga stated he was at this location and noticed the construction equipment was taking up multiple parking spaces. He suggested reaching out to the property owner. Mayor Grant asked if it was in the purview of Community Standards regarding the construction equipment taking up the parking spaces. Colin Groff replied there is not a code that addresses the relocation of the construction equipment. The city needs to cite the businesses, not the property owner. Stated this was a private property matter. Mayor Grant stated the property owner states there are so many parking available to receive a certificate of occupancy, but they are using the parking for construction equipment. Mr. Groff stated during construction the property owner allowed to use the site for parking. The City is trying to check how many opened businesses are there, what Meeting Minutes City Commission Boynton Beach, Florida January 7, 2020 are those parking requirements based on the parking standard for that business. The challenges the City has they can only enforce what the parking standards are for that business. Lori LaVerriere stated staff would reach out to the property owner again to discuss the parking issue. Commissioner McCray stated they have a complaint; this was brought to the Commission. Something needs to be done about this situation. Commissioner Penserga noted even though this may be a private issue, there are still things that can be done and should be done. Stephanie Setticasi, owner of Josie's Ristorante, 1602 South Federal Highway, stated they have reached out to the property owner. Stated if they counted the spots, there are 228 spots. She asked how much was the employee count, and it was more than 228. They are taking out valuable parking space. The Construction debris and material is everywhere. Ms. Setticasi pointed out the material could be easily placed in another area, which would make the parking area safer for everyone. There is sand all over the parking lot, the lessees have asked the owners to repaint the lines, but they refused. This has been going on for two years. When the owners originally received the approval in 2017, they stated in their application the restaurant was vacant. She pointed out the restaurant has been there for 28 years. There are no lights and the parking lot is uneven. It is not high season and there are no parking spaces available. There is not enough parking in the new plan; they need some type of control. Susan Oyer, 140th SE 27th Way, asked about the historical planner position. She has sat on the Historical Preservation Board for years. The projects, which began years ago, are not being maintained. Seeing a lot about River Walk trash problem. Stated something needs to be done about the trash. Trash seems to be the number one issue for this city. Indicated when the Bank of America project was approved, the citizens were promised a park. It has been several years. The City needs to look into what happened to the park. No one has forgotten the Bank of America. She objects to the new start time. The Commission did not have any community input for the early start of the meeting. These meetings are for the public, not for City staff. Indicated too many people get off at 5pm. The parking is worse at 5:30pm at IPC. Elisa Torn, 1201 SW 27th Avenue, indicated she has children and she is concerned about the speeding problem on her street. She is sick of the people speeding down the street. There are school buses, which disregard the 25 mph speed limit. Something needs to be done about the speeding. Stated there is evidence about the speeding. Michael Peronard, 1135 SW 27th Avenue, stated the neighborhood was up and coming. They have the luxury of having Caloosa Regional Park. Indicated there is a 1000 feet stretch, there are no sidewalks in this area; he believed that a 25 mph speed limit is too 6 Meeting Minutes City Commission Boynton Beach, Florida January 7, 2020 fast. People go too fast for this neighborhood, maybe to lower the limit to a 15 mph speed limit. The neighborhood is alive. Kent McCillan, 1301 SW 27th Avenue, stated he is a business owner in Boynton Beach and has multiple properties in the area. He has reported the school buses were speeding. Noted there needs to have more stop signs. There have been many dogs, which have been hit by cars. Congress Avenue backs up at rush hour, so they use 27th Avenue. They need traffic -calming devices. He would like to see the traffic lowered. A neighbor was mowing his lawn and a car hit him. Laurie Fasolo, 1405 SW 25th Avenue, stated her street has a stop sign, but no one stops at the stop sign. There must be a calming device. Please direct her where she needs to go to get speed bumps. She spoke with an officer who stated most of the neighbors do not want calming devices. Rachel Hall, 1341 SW 27th Avenue, stated a truck hit her dog. She was standing in the grass when the truck hit her dog. Asked an officer to be placed in the pump area, please start to slow these people down. Give them a ticket or warning. The traffic was out of control. Dwane Musser, 1195 SW 27th Avenue, stated he has witnessed speeding on this street, they placed the signs, they flashed and they keep going. People do not listen. Someone will be killed, unless something is done. They placed signs in front of the house with data warning. Karen Musser, 1195 SW 27th Avenue, indicated they are afraid to go out in the front yard. The citizens have been told placing speed bumps would interfere with emergency vehicles. Something has to be done. Judith Persson, 1371 SW 27th Avenue, indicated she could attest to the bus drivers speeding down the road. It is too dangerous to walk down 27th Avenue; it is too dangerous to walk there. Please do something about the speeding. She was proud to live in Boynton Beach. Please have a patrol car if nothing else. Tory Orr, 407 NE 2 Avenue, stated last year for the Martin Luther King celebration they provided flyers in December. They are having a professional jazz musician. How much would this cost? There is only a 10,000 budget. There has been no violence for 48 weeks in a row, they have asked from Thanksgiving until now and still have not received any permits. The people in District 2 are being treated like animals. The CRA has continued to take from the community. He has heard this would be the last year the City would fund the Martin Luther King festival. This was not right. Vice Mayor Katz stated the permitting process at Sara Sims Park is the same as any other park in the City of Boynton Beach. Regarding the reduction in funding for the Martin Meeting Minutes City Commission Boynton Beach, Florida January 7, 2020 Luther King celebration, he has not heard anything relating to this item. He does not believe anyone on the dais would support taking funding away from this event. Lori LaVerriere City Manager stated the City began funding the Martin Luther King, Jr. event about two years ago. She increased funding from $5,000 to $10,000. When the Community could not fund the event, the City stepped in. Minister Bernard Wright, CEO Bernard Wright Ministers, 713 NW 2 t Street, objects to the Commission meeting change from 6:30 pm to 5:30 pm. It is not convenient to the citizens; there should have been some input from the residents. He would like for the ampheather taken under advisement, regarding the concrete. He put in his application for the CRA Advisory Board. He knows more about this district than most. He believed he was most suited for this position. He stated not to select someone who does not live in District 2. He wants someone to speak on this matter. He is currently a candidate for District 2 Commissioner. Vice Mayor Katz, responded that Minister Bernard Wright's name was on the applicant list for the open positon. Shirley Water, 1504 NE 2nd Court in Boynton Beach, said she has lived at this address about 40 years and the traffic is horrendous. If there were a disaster in the area, she would be unable to get out. There are two churches in the area and they have a horrible time getting in or out of service. Mayor Grant suggested contacting Palm Beach County regarding Seacrest Boulevard. Provided the telephone number and instructed her to ask for Mack Bernard, County Commissioner. Ms. Water stated there is a biker gang and something needs to be addressed. Asked how she could speak with the County Mayor. Mayor Grant replied the meetings are held the first and third Tuesday of the month. Commissioner Romelus provided a contact telephone number. Commissioner McCray stated he understands there is a biker gang and he has reported this to the Police Department. Sunny Garcia, 1631 SE V Lane, stated he was talking about people parking on 17th; he has spoken with Mayor Grant, Commissioner McCray and Andrew Mack. There are traffic signs that are not being enforced. He needs the City to do something about the parking. The City needs to enforce the sign ordinance on 17th street. Katie Miller, 1057 SW 28th Avenue, suggested placing signs with 25 mph speed limits. She does not like speed bumps. The new Community Standards, there used to be there needed to be a concrete slab poured for the boats. The boats are on the grass. There Meeting Minutes City Commission Boynton Beach, Florida January 7, 2020 are many cars without tags. There are work trucks with six cars parked there. She would like to see police in Golf View Harbor. Jimmy Webster, 2572 SW 11th Avenue, suggested having police officers in the area to write some tickets. He stated the city needs to bring back the traffic divisions. Put some officers on the road. Pointed out the city would make more money with police officers on the street than with the red-light cameras. Mayor Grant, seeing no one else coming forward, closed Public Comment. W_111MINRINOITAI 4 A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. Vice Mayor Katz indicated the situation before the Commission is that two candidates for an election has applied for an advisory board positon; they cannot serve on the CRA Advisory Board and the CRA board. How many more times can this be positon be tabled? He does not want to pick or choose anyone who is a candidate. City Clerk Gibson stated three times per Commissioner. Vice Mayor Katz stated he does not want to pick or choose to give someone something to tout in the election. Motion Vice Mayor Katz tabled his nomination. Commissioner Penserga seconded the motion. Vote The motion unanimously passed. Commissioner McCray asked how many vacancies are on the CRA Advisory Board. City Clerk Gibson replied one vacancy. Mayor Grant stated what if it was a different board, such as the Senior Advisory Board, would this be an issue. Mayor Grant asked if the Vice Mayor would like to request a policy change, a qualified candidate could not be on an advisory board. Vice Mayor Katz stated he was not requesting a policy change. B. Approve travel for Commissioner Romelus to speak at the Ruth's List Annual She's the Change Leadership Conference in Orlando, FI on March 28, 2020. This item removed from the agenda. Meeting Minutes City Commission Boynton Beach, Florida January 7, 2020 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. Authorize the piggybacking via purchase order of the Sourcewell Contract #022217-NWF with Verizon Connect NWF for an annual cost of $43,632.50 for vehicle tracking systems with a one off set up fee of $14,771.30. Sourcewell procurement process satisfies the City's competitive bid requirements. B. PROPOSED RESOLUTION NO. R20-001 - Approve piggybacking GSA Contract #GS-35F-114BA and the expenditure of $82,413.28 for the purchase of a Laboratory Information Management System from Accelerated Technology Laboratories (ATL). This software (Sample Master) is required to maintain the laboratory analysis data for the City of Boynton Beach Utilities. Authorize the City Manager to sign the Proposal and Addendum. C. PROPOSED RESOLUTION NO. R20-002 - Approve and authorize the City Manager to sign the Developer's Agreement with Mr. Robert Peterson of 815 Palmer Road for the construction of water and wastewater improvements within the right-of-way of Palmer Road. D. Approve - Phase II of Task Order UT -2E-02 with Alexis Knight Architects, in the amount of $77,745 in accordance with RFQ. No. 046-2821-17/TP, General Consulting Services Contract, Scope Category D awarded by Commission on August 7, 2018. Task order services for phase II include grant application submittal, final design, permitting services, and bid assistance for the additions and alterations to the existing marina facilities located in the Oyer Boat Park. E. PROPOSED RESOLUTION NO. R20-003 - Authorize the City Manager to sign agreements with the four (4) pre -qualified contractors: Johnson -Davis, Inc.; Centerline Utilities, Inc.; Giannetti Contracting Corporation; and Florida Design Drilling Corporation in accordance with Request for Qualifications (RFQ) No. 028- 2821-19/MFD "Pre -Qualification of Contractors for Minor Utility Construction Services". F. PROPOSED RESOLUTION NO. R20-004 - Amend the FY 2019-20 budget, which will adjust budgeted appropriations and revenue sources and provide spending authority for the General Fund (001), Traffic Fund (103), Capital Improvement Funds (302 & 303), the Utility Capital Improvement Funds (403 & 404), and the Fleet Fund (501) for previous years Purchase Orders, unspent project budgets and transfer for Town Square improvement. Meeting Minutes City Commission Boynton Beach, Florida January 7, 2020 G. Approve revisions to the Fiscal Year 2019-2020 approved surtax projects. H. 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 January 07, 2020 - "Request for Extensions and/or Piggybacks." I. Approve minutes from the City Commission meetings on December 3, 2019 and December 17, 2019. Motion Commissioner McCray moved to approve the consent agenda. Commissioner Romelus seconded the motion, which unanimously approved. 7. CONSENT BIDS AND PURCHASES OVER $100,000 A. Piggyback via Purchase Order Florida Sheriffs Association's Contracts FSA18-VEH 16.0, FSA19-VEH 17.0, and FSA19-VEH 27.0. Approve the purchase of replacement vehicles as authorized in the fiscal year 2019-20 budget in the estimated amount of $270,974 by utilizing the following contracts: These contracts satisfy the City's procurement requirements. Motion Commissioner McCray moved to approve. Commissioner Penserga seconded the motion, which unanimously passed. 8. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. PROPOSED ORDINANCE NO. 20-002 - FIRST READING - Approving the Boynton Beach Mall Rezoning from C-3, Community Commercial, to SMU, Suburban Mixed Use. Applicant: Bonnie Miskel, Esq., of Dunay, Miskel and Bachman, LLP. Attorney Cherof swore -in those wishing to testify. Attorney Cherof read proposed Ordinance No. 20-002 into the record by title only, on first reading. Bonnie Miskel, Esq., of Dunay, Miskel and Bachman, LLP on behalf of the applicant, said the Boynton Beach Mall (the Mall) encompasses approximately 108 acres and Meeting Minutes City Commission Boynton Beach, Florida January 7, 2020 currently has six owners. The City discussed what could be done with the Mall. They have been working for more than a year and they are requesting a change in zoning. The applicant is requesting approval to amend the Master Plan to allow a mix of uses. Ms. Miskel explained about 30% of the mall is vacant. She explained that online competition has led to the decline of the Mall. Through collaboration with the City, they were able to come up with a comprehensive plan, which the Commission approved. Ms. Miskel stated she was here to request a rezoning of the mall property, excluding the Pine Preserve. The Pine Preserve, a part of the Boynton Beach Mall LLC property located in the northwest area of the site, is not included in the rezoning. The preserve retained its Recreational (R) FLU category, and thus will retain its recreational (REC) zoning. It is, however, a part of the Master Plan for the Mall, submitted concurrently with the rezoning application. Ms. Miskel said the request is to rezone the property from the C-3, Community Commercial zoning district to the Suburban Mixed Use (SMU) zoning district, which is consistent with the existing MXL future land use and the Master Plan approval for the property, would allow mixed uses. Ms. Miskel indicated City staff acknowledged in the future land use map amendment staff report that the proposed SMU zoning district is the "sole zoning district corresponding to the proposed MXL future land use category and applicable to the areas west of Interstate 95, Suburban Mixed Use. Including Multi- family Residential: Maximum of 1,420 Units, hotel: Maximum of 400 Rooms. Shopping Center: +/- 628,627 Square Feet. Church (Existing): +/- 122,733 Square Feet. Fitness Center (Existing):+/- 19,883 Square Feet. High Turnover Restaurant: +/- 32,600 Square Feet. Fast Food Restaurant: +/- 10,000 Square Feet. General Office: +/- 65,000 Square Feet. Medical Office: +/- 65,000 Square Feet. Theater (Existing) +/- 80,000 Square Feet with 3,650 seats. Event Space. Open Space: +/- 23.27 Acres. Ms. Miskel stated on April 16, 2019 the City Commission approved Ordinance No. 019- 004 amending the mall property future land use designation from the DRI, Development of Regional Impact, Future Land Use designation to the MXL Future Land Use designation to provide the framework required to allow for a vibrant mixed-use redevelopment of the property. The redevelopment of the mall property identified as item 18 in the City's Strategic Plan 2019-2020. The Mall property currently consists of approximately 1,285,700 gross square feet of buildings (1,154,439 square feet of gross leasable area) including the following uses and their approximate square footages: Retail / Commercial: 1,034,745 square feet, Church: 122,733 square feet, Theater: 80,000 square feet, Auto Repair: 20,761 square feet, Fitness Center: 19,883 square feet, Restaurant outparcel: 7,600 square feet. Ms. Miskel stated her client wanted to reduce the existing Mall building square footage dedicated to Retail / Commercial use from 1,034,745 square feet to 482,750 square feet, in conjunction with the construction of separate, new mixed-use buildings with Retail / Commercial use on the first floor and Residential units above. The combination of existing and new Retail / Commercial space on-site would not exceed 628,627 square feet. Add a maximum of 1,420 residential units to the site along the north end, the southwest side, and internally as part of the new mixed-use buildings. This number of residential units Meeting Minutes City Commission Boynton Beach, Florida January 7, 2020 equates to approximately 12.9 dwelling units per acre. Add a maximum of 400 hotel rooms. Add a maximum of 65,000 square feet of medical office. Add a maximum of 65,000 square feet of general office. Add 35,000 square feet of new restaurant space. Add a dedicated space for a Fire Station. Retain the Christ Fellowship Church, Fitness Center, Theater, and Roadhouse Grill Restaurant. Add 291,000 square feet (6.7 acres) of new open space, dispersed throughout the central portion of the site, to the existing 320,000 square feet (7.3 acres) of existing Pine Preserve. When added to the lakes and green areas around the lakes, the total open space proposed to be 23.27 acres, or approximately 20% of the site. There is a minimum of three access on Congress Avenue. The old Boynton connection would be modified. On the southwest corner of the property on the southwest corner of the site, they are dedicating a fire department to the city. Pointed out this is a phased project. Ms. Miskel stated there are five owners, Washington Prime Group (Boynton Beach Mall LLC), Macy's Florida Stores, Istar Florida 2015 Cinemas and Christ Fellowship Church. Commissioner McCray asked has the city looked into money for the fire station, such as employees, to operate the fire station. Ms. Lori LaVerriere indicated this is a reservation of property for potential need. The city would do a feasibility study. Ms. Miskel stated this is a phased project; although the developers are planning for a full buildout, it would be over for a period of years. The first phase would be the north end of the site. The first phase would consist of freestanding residential buildings. The second phase is the existing buildings and some integrated mixed use. Phase four -should include a hotel. Phase 4 should include residential potential some mixed use, and phase five would have some mixed uses. Ms. Miskel showed a proposed plant palette with the building foundation planting, screening planting, plant layering and streetscape parking planting. Commissioner Penserga indicated there were several areas, which brought him some concern. Many of his constituents were concerned about the overabundance of residential units in the city. Commissioner Penserga asked if the developer was confident those units could be filled. If more residential units are added. What in this plan would mitigate the additional traffic? Ms. Miskel replied the market is fickle, indicated the numbers shown are maximum. The reason for the phase, there is an expectation that there would be some absorption, which would occur over the years. This project is a long-term plan from phase one to phase five. Most of those phases are mixed. She believes the developer has submitted a plan, which would grow with the market. The speed of the plan would be related to the market. She stated no one would develop based on the market position. The City of Boca Raton added 2500 residential units. They did so by having some significant data supporting that traffic would decrease. They did another traffic study and found there was a decrease. The pattern is now diverse. This was a very successful case study; Ms. Miskel stated they believe the same concept would work in the Boynton Beach area. Meeting Minutes City Commission Boynton Beach, Florida January 7, 2020 Commissioner Penserga said he has studied what has been happening with other malls. Many are converting into many forms of an experiential center. People want to do things that are fun. Asked if this plan has any public places. Ms. Miskel stated they have created an area, which would accommodate public spaces. She believes what is being presented would grow with the market and grow with the community. Vice Mayor Katz expressed his gratitude to staff, property owners and the developer. This was a well thought-out plan. This was the largest impervious property in the city. His concern about traffic is the primary concern. Indicated this was a piece of private property owned by six individuals. The City has no legal right; the City needs to facilitate the redevelopment of the project. Pointed out this was not Town Square. He believed that it is counterintuitive with the traffic issue. It is true that it would increase to a decaying mall. There would be an increase in traffic. There is a need to support this mix. The residential does not generate as many trips as commercial. This is a broken mall, trying to survive on a model, which fell apart in the 1990s; the Commission needs to approve the redevelopment. The Commission talked about 130,000 feet of office space. They are approving a rezoning. He wants to make sure the public understands they are not approving a site plan. Vice Mayor Katz stated other than Renaissance Commons and the Cortina, the Mall is the biggest project that would happen on this side of the city. The property owners want this to be successful. He looks forward to the dialog, which would take place. Commissioner McCray indicated he was concerned with the lighting and cameras. Cameras deter crime. They are going to have more bodies to watch. Inquired about a police substation. Ms. Miskel stated the owners are sensitive of having lighting. They currently have REA agreements in place to serve the parking. Those agreements would be modified for purpose for pedestrian areas, maintenance of the new landscaping, which would be installed. Part of that would include lighting. The owners do not want potential litigation. Staff has done an incredible job. Whenever there is a conversion, there is a lot of space. Commissioner McCray inquired about water and sewer. Colin Groff replied staff has been working with the developer; they have looked at the capacity they are placing this in the utility. Staff has discussed the chilled facilities. They have looked at the density of the current master plan. The current utility could support the utility. There are some easements coming to the Commission. Commissioner Romelus likes the master plan and is excited about the site plan. She asked about affordable housing/workforce housing. Ms. Miskel replied the developer expects to have a mix; there would be a variety of properties and values of housing. Meeting Minutes City Commission Boynton Beach, Florida January 7, 2020 Mayor Grant stated he was very excited about the redevelopment to the mall. Understood there were some Conditions of Approval, and if the rezoning and the Master Plan, there are items, which would not come before the Commission, such as a traffic study, parking study, and the master sign program. Asked staff for clarification of the conditional of approval. Ed Breese, Planning and Zoning Administrator, responded all of the phases of the project would come back to the Commission, and would have traffic related studies. Pointed out the Master Plan has a traffic study. As each component is developed, it would also have a traffic study stating they are remaining within the limitations of the Master Plan traffic plan. Mayor Grant inquired if staff or the Commission would approve the master sign plan. Mr. Breese replied this would depend on the applicant. If the applicant brings the master sign plan in as part of one of the site plan, yes. If they choose to do it after the site plan has been approved, then typically it would be a staff review. Mayor Grant asked if this was something, the Commission could request. Mr. Breese replied the Commission could request the applicant include with their plans. Ms. Miskel noted this issue has been discussed. The developer's plan for the principle ingress and egress is to have the Commission review with the signage. Ms. Miskel stated she does not have any issues to present the signage with the first site plan. Ms. Miskel stated this would not include the internal signage, just project signage. Mayor Grant noted they have a couple of bus transfer stations at the Boynton Beach Mall; he wants to make sure this area could still be used as a transportation hub. Indicated people would take buses and mass transit. This is something that is needed for the future. When they began the commercial part of this project, he would like to see some of the benches. The point of the mall was for entertainment. This would be something for after business hours as well, they are creating dual spaces. Mayor Grant indicated he was of the understanding the owners and Palm Beach County is collaborating regarding the marina. Mayor Grant stated this should be a destination place not just a place for shopping. Motion Commissioner Romelus moved to approve. Commissioner Penserga seconded the motion. Mayor Grant opened for public input. Seeing no one, the public comment closed. Clerk Gibson called the roll. The Vote was 5-0. Meeting Minutes City Commission Boynton Beach, Florida January 7, 2020 B. Approval of the Master Plan Modification (MPMD 19-004) for the Boynton Beach Mall allowing for the phased conversion to a mixed use or life style center with the reconfiguration of retail space, and the addition of residential, hotel and office uses to the existing movie theater, fitness center and church uses. Motion Vice Mayor Katz motioned to table. Commissioner Romelus seconded the motion, which unanimously passed. C. PROPOSED ORDINANCE NO. 20-001 - SECOND READING - Approve revisions to the Workforce Housing Program (CDRV 19-008) - Amending the LAND DEVELOPMENT REGULATIONS, Chapter 1. General Administration, Article II. Definitions, and Article V. Housing Initiatives, Section 2. Workforce Housing Program. Applicant: City -initiated. Attorney James Cherof read proposed Ordinance No. 020-001 in to the record on second reading, by title only. Motion Commissioner McCray moved to approve. Commissioner Romelus seconded the motion. Mayor Grant inquired if there have been any changes since the last presentation. Michael Rumpf, Development Director, replied there are no changes. Mayor Grant requested clarification. Asked if no one from the Mall or Downton Boynton Beach wanted to use the workforce housing. Mr. Rumpf replied this would be up to the developers. He hoped to get more dollars in the community. Mayor Grant stated no one has ever used the workforce -housing ordinance. He feels that the in lieu of price was high. He wanted to ask the Commission if they would be in agreement to lower the in lieu fee, they should keep the rate as before. Asked the Commission if they would be in favor of lowering the rate. Commissioner Romelus stated she was not in favor of lowering the in lieu; she is ok after speaking with staff. As previously stated, they do not see any changes, it does not hurt the city, this is voluntary, and she would like to see how this works out. Mayor Grant stated the City of Boynton Beach does not get the rent as in the City of Delray Beach, City of Boca Raton, and West Palm Beach. Inquired if the City of Boynton Beach had 25% lower in lieu of rates than other counties. Meeting Minutes City Commission Boynton Beach, Florida January 7, 2020 Mr. Rumpf stated the City of Delray is $160,000, Jupiter is $200,000, and Palm Beach County is $100,000 for single family, $100,000 for townhomes, and $75,000 for multifamily units. Mayor Grant asked if this was for renting or sales. Mr. Rumpf replied rental. Mr. Rumpf stated for the past 6-12 months they have met with developers. In speaking with the developers, they were interested in increase of density and height. They do not know what would go on in the real estate market. The best incentive was the increase of the in lieu of fee. Vote Clerk Gibson called the roll. The Vote was 5-0. 9. CITY MANAGER'S REPORT A. Commissioner Penserga has requested a discussion to possibly create a task force for public outreach for Opportunity Zones in Boynton Beach. Commissioner Penserga asked what is being done about the opportunity zone. He attended a meeting at the League of Cities and one of the courses was on opportunity zones. David Scott, Economic Development Director, explained the opportunity zones of section 138. The Tax Cuts and Jobs Act of 2017 sets forth a process for the designation of Opportunity Zones and the establishment of tax incentives for investors in Opportunity Funds. The provision is designed to spur investment in low-income communities. Mr. Scott explained opportunity zones are designated by the Governor. The provision allows for 25% of the state's low-income census tracts to be qualified. He clarified the definition of "low-income community" as used by the new markets tax credit program. In response, City staff has acted to promote the existence of its two Opportunity Zones. In addition to its current outreach efforts, staff is seeking direction on the creation of an external Task Force to act as a source of information and expertise from a broader range of stakeholders. Mr. Scott explained the opportunity funds' investments and the designation by the governor. The temporary tax deferral for capital gains reinvested in designated opportunity zones. The investment in opportunity zones are made through opportunity funds. The US Department of the Treasury, the opportunity funds are required to hold at least 90% of their assets in qualified opportunity zone businesses/property, must certify the opportunity fuds. Mr. Scott provided a chart with how the deferral and not tax deferral. There are two zones in Boynton Beach. The best practices are to identify, convene and then create an opportunity. Meeting Minutes City Commission Boynton Beach, Florida January 7, 2020 Commissioner McCray asked how many investors has approached the city regarding investing in the opportunity zones. Mr. Scott replied there are three. Mr. Scott identified viable existing or new projects investment opportunities to market to qualified opportunity funds. Mr. Scott indicated the City of Boynton Beach creates opportunities to incentivize the opportunity investment. The city facilitates the opportunity projects an assist with all City processes. They align other tech based economic development tools to foster high impact startups. The city has some cost share in efforts around blight removal or brownfield remediation, reform zoning codes and ordinances to increase density or further affordability. Commissioner McCray asked about the brownfield remediation. He knows that the City of Boynton Beach had a brownfield. Does the City still have a brownfield? Ms. LaVerriere noted the city mitigated the brownfield, this was the old lumberyard, now seaborne cove. Through that designation, federal grants received to improve the property. Mr. Scott stated those types of strategies help pave the way for investment in those areas. Indicated Michael Rumpf presented certain zoning codes and strategy and increasing density and further making property more affordable within the city, they are fast tracking the opportunity zone development and well as other properties. Contribute to city -owned vacant property and bring partners together to facilitate an investment opportunity. The next is to convene community and business leaders to develop strategic plans for zones that couple public project priorities with the private investment projects. They propose a task force where community groups, Palm Beach County Business Development Board, Boynton Beach Community Redevelopment Agency, Chambers of Commerce, Boynton Faith Based CDC, Habitat for Humanity, developers, investors, real estate professionals, and tax attorneys. They would act as a sounding board to inform the City opportunity zone strategy and provide feedback to opportunity zone recommendations. They would also help identify the community's needs. Vice Mayor Katz asked how many opportunity zones are in Palm Beach County. Mayor Grant stated they are 13 opportunity zones in Palm Beach County. Vice Mayor Katz stated he supports anything that would help encourage investment into opportunity zones in our city. He believes if the City created a task force and bring people in from other cities, more knowledge would be gained. If you have significant financial capital to increase the profit for extended period, this would be mutually beneficial for all communities involved. Mr. Scott stated staff has reached out to other cities. Commissioner Penserga stated the intent of the opportunity zone was to bring opportunities into distressed communities, which otherwise would not receive these funds. He would be in favor of bringing more talent to this task force. He stated with any 18 Meeting Minutes City Commission Boynton Beach, Florida January 7, 2020 redevelopment into distressed areas, there is the potential of gentrification. As they discussed whom maybe on this task force, he wants to make it a condition of his request members of the community would be on this task force. He was in favor of bringing in as much talent and expertise to the task force. Mayor Grant agreed to create a task force to work with Palm Beach County. His concern with individuals was there was a possibility to get off task. He stated he wanted to receive input from organizations, not necessarily the individuals. Community McCray stated he was in favor for members of the community to be involved with the task force. These members have more at stake. When nonprofit organizations are involved, they are looking at what benefits their organization. Indicated this would not be a board, but an ad hoc committee. Anyone who wants to serve can serve. There was consensus to have an ad hoc committee that includes members of the community. 10. UNFINISHED BUSINESS A. Continue discussion of the City Manager's compensation in connection with her performance evaluation, which was conducted at the December 3, 2019 Commission Meeting. Julie Oldbury, Director of Human Resources and Risk Management, provided information and a recommendation of a starting point from the minimum. A salary survey was requested from local municipalities. Commissioner McCray thanked Ms. Oldbury for the survey. He does not agree with increasing the city manager's salary by $40,000- $45,000. This city is plagued with the fire assessment and they cannot afford it. The red-light camera should not have been brought back in, he stated he voted to bring back the red light cameras. The employees of this city received a 3-5% increase. If the Commission increased the city manager's salary 40,000 to 45,000, this would hurt the morale of the employees. He owns property in the city, which is vacant, and he is required to pay $69.00 per month for a vacant property. The median income is $45,000. Noted the life expectancy of a city manager is 6 years. If the city manager was not happy with the City, she could have applied to the City of Delray Beach. Noted there are two assistant city managers, which began this year. The Commission needs focus on what is happening in this city. District 2 is one of the poorest sections in this community. They are plagued with things they cannot afford. Commissioner McCray asked how many department heads are in the City of Boynton Beach. Lori LaVerriere, City Manager, stated there were 13. Commissioner McCray inquired as to the starting salary for police officers. Ms. Oldbury replied the starting salary is $56,000 for police officers. Commissioner McCray stated this increase could hire an additional police officer to patrol District 2. He was willing to remain with the same realm as the general employees. Meeting Minutes City Commission Boynton Beach, Florida January 7, 2020 Vice Mayor Katz noted he had the good fortune to serve on the Commission as a leader as well as serving as the President and CEO of the Teacher's Union Associations of Palm Beach County. He stated these types of discussions happen all the time. It is difficult to compare the employees versus leadership. Pointed out costs are associated with great leadership. He knows as someone who came without experience. He shudders to think if there were many different managements. Commissioner Penserga inquired how many female city managers are there in Palm Beach County. Ms. LaVerriere stated there is one. Commissioner Penserga was in favor of the increase. Mayor Grant stated Belle Glade was able to afford $235,000 for their city manager. Inquired of the increase from last year to this year. Ms. Oldbury replied it was 5%, the dollar amount of $9,000. Mayor Grant stated the Commission maxed out her retirement benefit as well. Inquired of that amount. Ms. Oldbury replied the commission brought it out to the maximum range. Which was $18,500. Mayor Grant indicated the City Manager mentioned she would also be willing to accept money into the HSA. He would like to ask for $40,000. Mayor Grant requested $225,000 that is a 12.5% increase, plus $5000 in the HSA account. Commissioner Romelus inquired as to how much the city Manager receives in the HSA account. Ms. LaVerriere replied the City provides $1,000 for each employee per year in the HSA account. Commissioner Romelus asked if all other employees were getting $1,000 in their HSA account. Ms. Oldbury stated if approved, the city contributes $5000 for Ms. LaVerriere. Mayor Grant stated this would allow the city manager to get tax deferred for this amount. Commissioner Romelus indicated she wanted to know why the amount of $5000. Was this the maximum amount allowed by the Internal Revenue Services? Ms. LaVerriere stated the maximum allowable is about $8,000. Commissioner Romelus stated the city manager is a beacon across the state. It is also a matter of a balancing act. It is a financial feasibility issue. The city's budget and income is not comparable to the other cities. Having additional information would have been helpful on the survey. She was in agreement with $225,000 and no increase to the HSA account. 20 Meeting Minutes City Commission Boynton Beach, Florida January 7, 2020 Vice Mayor Katz said there are people looking at $235,000. Motion Vice Mayor Katz moved to approve the increase to $235,000, with no changes to the HSA account. Commissioner Penserga seconded the motion. Vote 3-2 (Commissioner Romelus and Commissioner McCray dissenting) Commissioner McCray stated those that sit on the dais whose constituents are in an affluent neighborhood passed this motion. Districts 2 and 3 are the poverty sections of Boynton Beach. He said he was not satisfied. 11. NEW BUSINESS -None 12. LEGAL -None 13. FUTURE AGENDA ITEMS A. Discuss Fine Free Program for City Library - January 21, 2020. B. The Mayor requested data on Recreation and Parks programs and attendance. Staff will provide report - January 21, 2020 C. Staff to bring forward maintenance contract with private partners for Joe Crowder Dog Park - January 21, 2020. D. Discuss Local Septic Tank Inspection Program - February 18, 2020 E. Discuss purchase and sale agreement for Nichols property - February 18, 2020. F. Mayor Grant would like to invite the Central Palm Beach Chamber to a future Commission meeting to discuss their membership benefits - March 3, 2020 G. Consider Vision Zero Resolution — TBD Meeting Minutes City Commission Boynton Beach, Florida January 7, 2020 14. ADJOURNMENT Motion There being no further business to discuss, Commissioner McCray moved to adjourn. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. The meeting adjourned at 8:28pm. ATTEST: W- ®-WL� tal Gibson, MMC Clerk Queenester Nieves Deputy City Clerk 22 CITY OF BOYNTON BEAC 4/4/2019 Ir"-- ;,DOROTHYJACKS V ',::,:r«_A,, Book 30338 Papa 940 ` Sale Date DEC -201 8 , 9174 CHIANTI CT t� Mailing t Acldw�s BOYNTON BEACH FL 33472 2459 Use Type 1 100 - STORES - Total ` 2460 Square Feet Sales Information Sales Date Price DCC -2018 10 AUC 2012 40000 JUN -2012 10 ,MAR -2012 60100 AUG -2004 10 4 u 1 23. �'t" A' Appraisals Tax Year 2018 Improvement Value 52,638 land Value $92,283 Total Market Value 594,921 All values are as of January 1 st each year 7-7 Assessed/Taxable values :. Tax Year 2018 A ;ess�>6 '-{lm, 594.921 Ex�'r,wwn Amount SO '- Ta,:abl( value 594,921 Taxes Tax Year 2018 Ad Valorem 51,999 x Non Ad Valorem 51,149; Total tax S3,148 PAPA Maps (L-xh.,hl't t-eatNed hvr,,-x Karen H -o I),+ )191 clow (�1nw� �sSllr"� /►1�, https://maps.co.paim-beach.fl. us/cwgis/papa. html?qvalue=08434521320080010 1 /1 t -gad (L-xh.,hl't t-eatNed hvr,,-x Karen H -o I),+ )191 clow (�1nw� �sSllr"� /►1�, https://maps.co.paim-beach.fl. us/cwgis/papa. html?qvalue=08434521320080010 1 /1