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Minutes 10-20-20Minutes of the City Commission Meeting Held Online via the GoToWebinar Platform Boynton Beach, Florida On Tuesday, October 20, 2020, at 5:30 p.m. PRESENT: Steven B. Grant, Mayor Ty Penserga, Vice Mayor Woodrow Hay, Commissioner Christina Romelus, Commissioner ABSENT: Justin Katz, Commissioner Openings A. Call to Order - Mayor Steven B. Grant Mayor Grant Called the Meeting to order at 5:31 p.m. Lori LaVerriere, City Manager James Cherof, City Attorney Crystal Gibson, City Clerk John McNally, ITS Director, read a statement explaining how the meeting would proceed and how the public could participate. Invocation by Pastor Duane Roberts of Calvary Chapel Pastor Roberts gave the invocation. Pledge of Allegiance to the Flag led by Mayor Steven B. Grant Mayor Grant led the Pledge of Allegiance to the Flag Roll Call City Clerk Gibson called the roll. A quorum was present. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Grant added a Proclamation for Breast Cancer Awareness to the agenda as Item 3.F. Meeting Minutes City Commission Boynton Beach, Florida October 20, 2020 Item 9.B., Charlotte Pelton and Associates, was moved up to Announcements. 2. Adoption Motion Commissioner Hay moved to approve the agenda as amended. Vice Mayor Penserga seconded the motion. The motion unanimously passed. 2. Other A. Informational items by Members of the City Commission Commissioners Hay, Romelus and Vice Mayor Penserga had no disclosures. Mayor Grant attended the SE Florida Regional Climate Change Compact and the Policing Forum at the Arts Garage, with both the Boynton and Delray Beach Police Chiefs present discussing Neighborhood Policing. He attended the Transportation Planning Agency meeting and had a discussion with Ocean Hudson. He attended a Remembrance Ceremony for Corey Jones at the Art Garage and attended the City's Ribbon Cutting Ceremony for the City's new Downtown Playground. He went to Betty Thomas Park with Community Greening and planted 45 trees along the walkway to create a shaded path, and visited the Nickels Boulevard forest on Harlowe Avenue. He announced the Read for the Record event on October 29tH 3. Announcements, Community and Special Events and Presentations A. Proclaim November 1, 2020 as "Extra Mile Day". Eleanor Krusell, Public Communications and Marketing Director, will accept the proclamation. Mayor Grant read the above proclamation. Eleanor Krusell, Public Communications and Marketing Director, thanked the City Commission for the Proclamation and accepted it on behalf of her team members, Laura Lansburgh, Chelsea Sanabia and other employees who worked hard to keep the City informed and safe during COVID. B. To honor the memory of Assistant City Manager Tim Howard who passed away on October 14, 2019, the Tim Howard Excellence in Public Service Award has been created to recognize employees who exemplify comparable characteristics, including adherence to the highest ethical standards and work integrity. This award is dedicated in Mr. Howard's memory, acknowledging his contribution to not only the City of Boynton Beach, but to the field of local government and public service. Mayor Grant announced the Award. Lori LaVerriere, City Manager, explained October 14th marked one year since Mr. Howard's passing. She thanked Mayor Grant for his idea Meeting Minutes City Commission Boynton Beach, Florida October 20, 2020 of how to honor him. She announced if it was not for Mr. Howard, the Town Square would not have come to fruition. It was decided he City would create a special Public Service Award and plaque that will be unveiled next Friday at 4 PM at the Incubator Space. The perpetual plaque was designed to acknowledge employees nominated with exceptionally high standards of excellence, integrity and ethics. There will be a rigorous vetting process. The first year it will be awarded to Mr. Howard posthumously. Staff will finalize the standards and then roll them out to employees on the New Year. C. Early Voting for the November 3, 2020 General Election is from Monday, October 19, 2020 through Sunday, November 1, 2020. The Early Voting hours are from 7:00 a.m. until 7:00 p.m. daily at the Ezell Hester Community Center located at 1901 North Seacrest Boulevard. The City is working in partnership with the Mae Volen Center to provide free transportation for our residents to the Hester Center. A listing of Early Voting locations throughout Palm Beach County is available at the following website: https://www.pbcelections.org/Voters/Early-Voting. Mayor Grant announced the above. The phone number to call to arrange transportation to the polls is (561) 395-8920 x 231. Ms. LaVerriere asked all to spread the word. It is a free ride, to and from the Hester Center for the two weeks of early voting. The service is on the City's social media and electronic billboard on 1-95, Facebook and via newsletter. Vice Mayor Penserga asked if they could use the City's app to push the service and learned it was already pushed out. Commissioner Hay asked if the transportation would extend to November 3, and learned it would not. There are 26 polling stations and it would be too difficult to coordinate it with the polling locations. Mayor Grant urged all to vote. The Supervisor of Elections has mail in ballot van that is going around for voters to drop off their completed mail in ballots. It was noted the Feeding South Florida food distributions would not take place at the Hester Center for the next two weeks, but there will be a large Feeding South Florida event at the mall on October 24tH D. Announce the Solid Waste Division will be having Tire Amnesty Week for City Residents the week of November 2-6, 2020. David Monestime, Solid Waste Manager, announced the semi-annual Tire Amnesty event, explaining that up to eight car tires can be placed curbside for pickup with or without the rims, but they must be separate and apart from the regular trash pick-up . If anyone misses Amnesty Week, they can call Solid Waste at 742-6200 and they will assist. The Last amnesty week the City collected 3.6 tons of tires. E. Presentation by Mayor Steven B. Grant concerning recommended enhancements for the Woolbright Road — 1-95 interchange improvement project. Mayor Grant explained the City requested flashing beacons from the Florida Department of Transportation (FDOT) to be placed at crosswalks to notify motorists to stop for pedestrians and cyclists. A widening of Woolbright Road at the SW 8th Street interchange was proposed as well as a second left -turn lane. The FDOT proposed having a five-foot 41 Meeting Minutes City Commission Boynton Beach, Florida October 20, 2020 bike lane on a 40 -mph road, which Mayor Grant felt created a high likelihood of injury and he suggested moving the bike path onto the sidewalk to create a protected place for cyclists. They are reviewing signs so that cyclists will know that pedestrians have the right of way and must yield to them. He advised the FDOT is also looking to expand the overpass on Woolbright Road, taking out additional mature landscaping on the greenspace. Mayor Grant recommended that the required funding under Florida Statute be spent on this interchange. Since Boynton Beach is not a high traffic area for national or international travel, the State was planning on providing excess landscaping in Boca, Jupiter, West Palm Beach and Stuart. Boynton Beach is in District 4, which stretches from Ft. Lauderdale to Ft. Pierce, and FDOT can spend funds anywhere in that area. Mayor Grant was able to arrange for over $100k of landscaping required for the project be installed at this intersection. Revisions for the draft resolution was reviewed. Mayor Grant wanted to ensure the City was safe for anyone getting around the City and was looking forward to discussions to have arterial roads become bike paths. Vice Mayor Penserga asked about the process, which Mayor Grant reviewed. He announced the resolution passed unanimously and FDOT and the City will work on the project in the future. F. Breast Cancer Awareness Proclamation. Mayor Grant read the proclamation in honor of Breast Cancer Awareness. No one was present to accept the proclamation. 9. B. Charlotte Pelton of Charlotte Pelton & Associates will provide an update on the City's Naming Rights Campaign for the Town Square Project. Charlotte Pelton had a PowerPoint presentation which she reviewed. She explained they were contracted in March 2019 to help fundraise and facilitate philanthropic gifts for the public element of the Town Square project. The components were the Schoolhouse Children's Museum, the Boynton Beach Public Library, the Boynton Beach Cultural Center, specific public spaces within City Hall, the Amphitheater, the Innovation Centre, the Family Adventure Park and the Boynton Beach History Trail to highlight Boynton Beach history in the Town Square. They work with leaders of various entities and provide funding above and beyond what the City can provide. Most of 2019 focused on developing campaign materials and they worked with the Mayor, Commissioners and City staff to identify potential donors and they will continue to identify additional donors. Io- date, there were seven gifts totaling $274,250 and there are three additional pledges. They resumed socially distanced tours to showcase the building. Ms. Pelton advised they have beautiful comprehensive materials each Commissioner will receive and they will continue with their donor research. They have started an internal campaign to reach out to the Town Square contractors and were seeking gifts from each Il Meeting Minutes City Commission Boynton Beach, Florida October 20, 2020 of them. They will be approaching large city vendors including bankers and financial institutions, whom several seem interested. They have recruited a strong leadership committee to advocate for the project. A more detailed report was included the package. Commissioner Romelus requested a quarterly check-in and have a goal tracker. Ms. Pelton agreed and explained they are not making donor information public at this time, but they would welcome any gift made by the Commissioners to the campaign. It would send a beautiful signal of support to the community. Mayor Grant asked what the minimum gift was. Ms. Pelton suggested a meaningful gift was subjective to the donor and would be different for each person. It could be $100 a year for five years or $10K a year for five years. There are also naming opportunities starting at $2,500 and they accept multi-year pledges. There will be donor recognition of all gifts on the website. 4. Public Audience Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of the Chair, this three-minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Mayor Grant announced the Legacy Project remained on the table at the request of the applicant and the Nickels Boulevard will remain on the table until November 4th. Tom Warnke, 2780 Worchester Road, explained his family moved to Boynton Beach in 1956. He supported the New Business Item regarding prohibiting EPS foam on City property and noted other municipalities were taking similar actions. He supported finding a way to save the 15 -acre Nickels forest property and commented everyone wants to know why the City Commission wants to sell it. He asked the City Commission if: • Part of their decision-making process was in consideration of what value the forest has to the City if it could be saved? • What if a private citizen offered to match the best offer, which he believed to be about $3M, if a private citizen offered to match the best offer and pay cash for the forest to make it a preserve, how would City Commission react to that offer? • Does the City Commission have other reasoning, other than income for the City? Is there another reason that has not been expressed by any Commissioner that he heard? • If an offer were to be made to purchase the property to preserve the forest, would the City Commission approve that offer instead of an offer that would result in the construction of residences? • Is there an incentive for the City to have additional residential units constructed? This type of transparency is a good thing and may help justify the Commission's reasonings. Mr. Warnke spoke to the County and their response was the forest was certainly worth keeping as a preserve or passive park. The political will and monetary considerations are 5 Meeting Minutes City Commission Boynton Beach, Florida October 20, 2020 the answer to whether it will happen. Palm Beach County may be interested in purchasing the property from the City to preserve it as a forest preserve or passive park, but unless the City Commission instructs the City Manager to look into this option, they may never know. Mr. Warnke announced he will conduct private tours of the forest. Mike Corcoran, 9317 Longmeadow Circle, explained they had a meeting on the corner of Nickels Road and Old Boynton Beach Boulevard. There were about 50 participants there to record their endeavors to publicize that Nickels Boulevard is something worth saving. He had a video on his phone showing the tour, which was viewed. He advised they are serious about trying to preserve the property as a forest area. Susan Oyer, 140 SE 27th Way, announced she enjoyed planting trees at Betty Thomas Park. She thanked Mayor Grant for attending and was surprised Commissioner Romelus was not present as the park is near her home. She thanked Mayor Grant for the Climate Change Compact and for the $100K for landscaping on Woolbright Road. She liked that Mayor Grant attended two tree and global warming events and that the City Commission voted to create a Sustainability Committee and Green Building Codes, helping to make the City a leader in the County and State. She liked the Go Green and Energy Edge Rebate program, that they are banning styrofoam in parks and to plant 3K trees a year . She did not understand how they can justify raising trees and slaughtering animals to destroy a nature reserve the community has enjoyed for 59 years. She urged the City Commission to make the forest a nature preserve. Annie Saunders, 9365 Longmeadow Circle, lives close to the forest. She understood Mayor Grant pledged to protect the environment when he ran for office and she has read the bios of the Commissioners. She respected the forest and spoke to the Florida Wildlife Commission Gopher Tortoise Manager today and there are only a third of the tortoises left and they are protected. She is a former environmental science teacher and she understands the importance of the eco system. The City of Boynton Beach should keep the original county designation of a preserve and change it to a conservation protected area. When relocating tortoises, they go to an established conservation area. The land is more than a forest: it is a tree canopy. They have more negative additions to population density, traffic congestion, noise pollution, property tax increases and she did not want any more crowds in the canals. Her home backs up to the canal that abuts the forest. The Florida Fish and Wildlife Management Plan is specific. There are federally protected species that like the burrows where the gopher tortoises lay their eggs. She thought the Commission should not move forward and they need an educational preserve conservation area that children will love. Butch Buoni, 450 Horizon East #304, Boynton Beach commented the Boynton Coalition for Responsible Development advised they opposed Agenda Item 8, regarding proposed Ordinances 20-34 and 35 and the proposed site plan for Legacy. The City Commission cannot approve on first reading the proposed ordinances and site plan. He thought the timing of the City Commission's review of the project is not acceptable. Many residents are not in town or aware of the project and some cannot attend the meeting due to the Meeting Minutes City Commission Boynton Beach, Florida October 20, 2020 pandemic or are not technologically able to attend the meeting virtually. He commented there is no demonstrated need for 98 dwelling units per acre density and pointed out the Planning and Development Board denied the development. He thought closure of SE 1 St Avenue only benefits the development, not the surrounding area. The closure will interrupt the grid system and traffic flow to the entire area. Ocean Avenue and Federal Highway, with the closure SE 1St, is a critical intersection to maintain the flow of traffic in the city and the residents in Sterling Village. He thought allowing the developer to purchase additional density under the guise of workforce housing was a slippery slope and that it was unsustainable for responsible growth. He noted their concerns regarding Riverwalk were ignored and they deserve a voice. Louanne Moore, 133 Buffet Key, Boynton Beach, said that last July, she requested to see the wireless telecom facilities that the City was permitting. It was only after a facility for a small cell was built at Checkers that she discovered there were nine small cells currently being permitted as electrical permits for facilities to be placed in rights-of-way by their homes and on the streets in close proximity to her. On review of the permits, it was learned the antennas were high powered antennas to accommodate G technology. Ms. Moore announced the antennas are overpowered, too close to the ground and they are required to have reviews and mitigations under federal law which did not occur. She went to eight of nine sites for a needs test and found there is totally adequate service for the provider, so there was no need for the public health and safety problems to be permitted near their homes and near them on the street. The facility at Checkers is not in service and it needed to be removed as an unnecessary public health and safety problem and Ms. Moore asserted it was never properly permitted in the right of way to begin with. It has become the belief that antennas are exempt from review for compliance with anything less than all applicable laws. She contended the word exempt is not in Florida Statute 337.401. The Florida Public Service Commission and Federal Communications Commission only regulate the prices of the wireless facilities. She urged the City Commission to review its Ordinances for telecommunication systems and establish home rule to ensure facilities are safe and necessary. She asked to meet with the City more than once and she hoped they would find time to respond to the request. Thomas Moscalo the owner of the Boynton Beach Dive Center, commented he knows progress is important, but he speaks as a small business owner. He was told the property he uses for his business was sold and he investigated other areas to rent, but there were only two places. One was at 416 E Boynton Beach Boulevard and the other was the former CRA office on Federal Highway. The former CRA office location was $7,700 a month rent and the other was $2,700 a month, but could not accommodate their needs. He advised other small business owners on 1 st Avenue and the area by the plaza near Frankie's, will need some place to go if these new projects develop. Small businesses are part of the growth of Boynton Beach. He requested the Commission do something for small business owners. When large developers come in, the prices for rents therein are exorbitant. There was no place for small businesses to go. 7 Meeting Minutes City Commission Boynton Beach, Florida October 20, 2020 Drew Martin, on behalf of the Sierra Club, was concerned the development of the Nickels property would damage the City's efforts to stop climate change. The property has important species on it and he wanted the City to preserve the property. He thought cities who support climate change should respect trees and there are numerous trees on the property that need protection. Existing mature trees are the type of trees they need to preserve. He did not think the City needed to sell the property. He asked they not go forward with the sale of the property. Elizabeth Rogue, Centennial Management, received confirmation the Nickels property item was tabled to November 4th Robert Nebb, 640 E Ocean Avenue. was against abandonment of SE 1St Avenue. Tractor trailers make deliveries to the shopping center and it is the rear entry to everyone else on the south side of Ocean Avenue which often floods. SE 1 st Avenue was the only access to Ocean Avenue when Ocean Avenue floods out. He opposed abandonment and advised they must keep the street open. 5. Administrative A. Appoint eligible members of the community to serve in vacant positions on City advisory Boards Motion Mayor Grant nominated Tory Orr to be on Parks and Recreation Board. Commissioner Hay seconded the motion. The motion unanimously passed. 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. Approve purchase of Extreme Networks network switch maintenance from STEPcg of Covington, KY in the amount of $40,281.96, utilizing the State of Florida Alternate Contract Source Number 43220000-NASPO-19-ACS. The State of Florida Alternate Contract complies with the City of Boynton Beach's competitive bid requirements. B. Proposed Resolution No. R20-114 - Approve and authorize the Mayor to sign the First Amendment to the Coronavirus Relief Fund (CRF) Agreement (Resolution Number R20-076) between The City of Boynton Beach (Subrecipient) and The Florida Housing Finance Corporation ("Florida Housing"). �'3 Meeting Minutes City Commission Boynton Beach, Florida October 20, 2020 C. Approve the Sara Sims Park record plat, subject to final signatures by the City Engineer. D. Accept the written report to the Commission for purchases over $10,000 for the months of August and September 2020. E. Proposed Resolution No. R20-115 - Authorize the Mayor to execute the Florida Inland Navigation District project agreement for the replacement of boat ramp and docks at Harvey E. Oyer, Jr. Park. F. Proposed Resolution No. R20-116 - Authorize the City Manager to sign all documents associated with the acceptance and grant agreement for the Victims of Crime Act grant subject to the approval of the City Attorney. G. 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 October 20, 2020 "Request for Extensions and/or Piggybacks." H. Approve donation of $3,206.66 from the State Forfeiture Funds to Scholar Career Coaching, Inc. I. Approve donation of $4,000 from the State Forfeiture Funds to Gulf Stream Council - Boy Scouts of America. Approve donation of $3,206.66 from the State Forfeiture Funds to Connect to Greatness, Inc. K. Approve donation of $3,206.66 from the State Forfeiture Funds to Bill Tome Foundation for Kids & Families. L. Approve minutes from the City Commission meetings on September 22 and September 30, 2020. Motion Commissioner Romelus moved to approve the Consent Agenda. Vice Mayor Penserga seconded the motion. The motion unanimously passed. 7. Consent Bids and Purchases Over $100,000 A. 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 October 20, 2020 "Request for Extensions and/or Piggybacks." 01 Meeting Minutes City Commission Boynton Beach, Florida October 20, 2020 B. Approve award of the "Co -Operative Bid to Furnish, Deliver and Discharge of Bulk Quicklime"; Bid No. 20-21 B by the Southeast Florida Governmental Purchasing to Lhoist North America of Alabama, LLC as the lowest, responsive and responsible bidder meeting all specifications. The estimated annual expenditure is $550,000.00. This product will be ordered on an "As Needed" basis. C. Approve Task Order SCADA-03-2021 with McKim & Creed in the sum of $297,118.00 for assistance with Remote Site Programmable Logic Controllers (PLC) upgrades in accordance with RFQ No. 038-2821-19/TP for Supervisory Control and Data (SCADA) System Programming, Preventive Maintenance and Repair Services as approved by Commission January 21, 2020. D. Approve the purchase of additional licenses, training, and development services from Transcendent Corporation for the expansion of the City's asset management system to incorporate all remaining existing facilities, golf course and parks. The cost of additional licenses and training for phase 3B is $48,350. With the total estimated annual expenditure of $135,000 between Public Works and Utilities. Motion Vice Mayor Penserga moved to approve. Commissioner Romelus seconded the motion. The motion unanimously passed. 8. Public Hearing 6 p.m. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Proposed Ordinance No. 20-034 - First Reading - Approve Legacy at Boynton Beach (REZN 20-001) rezoning subject property from CBD (Central Business District) to MU -C (Mixed -Use Core) with a master plan for 274 multi -family residential units and 12,422 square feet of retail, located at the northeast corner of SE 2nd Avenue and Federal Highway. Applicant: Evan Vlaeminck of GCI Acquisitions LLC. (Tabled from the October 6, 2020 Commission meeting.) B. Proposed Ordinance No. 20-035 - First Reading - Approve Legacy at Boynton Beach (ABAN 20-009) abandoning a portion of the improved 45 foot wide right-of-way of SE 1 st Avenue running east from Federal Highway for a distance of approximately 175 feet. Applicant: Evan Vlaeminck of GCI 10 Meeting Minutes City Commission Boynton Beach, Florida October 20, 2020 Acquisitions LLC. (Tabled from the October 6, 2020 Commission meeting.) C. Approval of Legacy at Boynton Beach (NW SP 20-003) new site plan application for a mixed-use development consisting of an eight (8) -story building with 274 dwelling units, 12,422 square feet of commercial space, and associated recreational amenities and parking on a 2.76 acre site. Applicant: Evan Vlaeminck, GCI Acquisitions LLC. (Tabled from the October 6, 2020 Commission meeting.) Mayor Grant announced earlier that at the request of the applicant, these three agenda items regarding Legacy at Boynton Beach will remain on the table until the November 4, 2020 Commission meeting. 9. City Manager's Report A. At the request of Mayor Grant, Human Resources will make a brief presentation on the City's internship programs. Julie Oldbury, Human Resource Director, gave a brief overview of the City's Internship Program and reviewed a PowerPoint presentation. She announced the City has several programs for college students and all students, comprised of Partnership programs, Apprenticeships and Training Programs. A future Summer Program was deferred due to COVID. Ms. Oldbury explained the purpose of the programs are to show there are many opportunities for employment in public service. Undergraduates and graduates may also be required to complete an internship in their field of study and the City's program meets those requirements. Through internships, students to get workforce experience in government in a real-world work environment. The City also has partnerships with other agencies to provide summer programs for students with challenges in their homes to help them gain workforce experience while earning a weekly stipend. The ITS Department has a partnership with South Tech Academy for students with special needs and abilities which allows them to shadow ITS personnel in the City as well as in the Police Department and the Library. Many departments have trainee programs and career paths which offer full-time employment, with little to no previous experience and on the job training. Ms. Oldbury advised these positions are posted on the website when they are available. The Summer Program, which could accommodate 15 individuals, will be available in the summer of 2022. Anyone interested in these positions should apply through the City's website, email the Human Resources and the Risk Management Department at HR@ bbfl.us, or call them at (561)742-6275. Vice Mayor Penserga asked if Human Resources reaches out to the high school and learned staff contacts high schools and others to obtain participants and they could customize an internship program as college is not always a career path for everyone and there are opportunities for a career without a college degree. They are 11 Meeting Minutes City Commission Boynton Beach, Florida October 20, 2020 highlighting the different opportunities they have on Facebook that working for the City is a fantastic opportunity. This week is Local Government Week and the City will have a variety of employees appear on Facebook Live. Commissioner Hay asked if they are using the MyBB app to publicize the information and learned there is a link on Join our Team that will take viewers directly to the HR page. She will also add additional information about it on the app. B. Charlotte Pelton of Charlotte Pelton & Associates will provide an update on the City's Naming Rights Campaign for the Town Square Project. This item was previously addressed. 10. Unfinished Business - None 11. New Business A. Commissioner Romelus requested this item be placed on the agenda for the Commission's consideration of a future ordinance prohibiting the use of EPS foam in city facilities. Commissioner Romelus and Rebecca Harvey, Sustainability Coordinator, discussed this item. A request was made by some organizations for this item. Colin Groff, Assistant City Manager, explained if the City Commission is willing to go forward, staff can bring back an Ordinance that would have several options for prohibiting these products on city property using their contracts. Mayor Grant favored having an Ordinance and advised EPS stands for Expanded Poly Styrene which is what items like TVs are packed in so they are not damaged in transit. He thought it may be difficult for procurement, because they would not know how the product is packed, but this type of plastic damages the environment. He thought whatever they can do to incentivise businesses to stop using it was worth the effort. It takes a very long time for this product to break down. There was consensus to move forward with the ordinance. A draft ordinance will be brought back. 12. Legal A. Proposed Ordinance 20-036 - First Reading - Approve the revised and updated City ordinances to regulate the Fire Department. This is a revision of the local fire prevention ordinances as is required by Florida State Statute when a new edition of the Florida Fire Prevention Code has been adopted. Approval of this revision by the Board will allow our fire prevention ordinances to be consistent with the latest version of the Fire Prevention Code and comply with State Statutes. Attorney Cherof read Proposed Ordinance 20-036 by title only on first reading. Motion 12 Meeting Minutes City Commission Boynton Beach, Florida October 20, 2020 Commissioner Hay moved to approve. Vice Mayor Penserga seconded the motion. Mayor Grant opened public comments. No one came forward. Mayor Grant was concerned about permitting. He wanted to ensure anyone attempting to get a new permit understands there are new fire safety rules. Vote City Clerk Gibson called the roll. The vote was 4-0. B. Proposed Resolution No. R20-117 - Approve and authorize the Mayor to sign a Lease Agreement with the Boynton Beach Community Redevelopment Agency for 209 N. Seacrest Blvd. Motion Vice Mayor Penserga moved to approve. Commissioner Romelus seconded the motion to approve. There were no comments on this item. The motion unanimously passed. C. Proposed Ordinance 20-037 - First Reading - Approve amending the LAND DEVELOPMENT REGULATIONS, revising Chapter 3. Zoning, Article III. Zoning Districts and Overlays, Section 8.E. Downtown Transit -Oriented Development District (DTODD) Overlay, to add a density provision in support of workforce housing in MU -2, MU -3, MU -4 and MU -C zoning districts. Attorney Cherof read Proposed Ordinance 20-036 by title only on first reading. Motion Commissioner Hay moved to approve. Commissioner Romelus seconded the motion. Susan Oyer, 140 SE 27th Way, supported showing the public the presentation so they could be aware the City will stack more people into tall buildings without providing appropriate parking. She contacted the Planning Department and they indicated parking would be on the low end. She noted the building may provide appropriate rental prices, but questioned how they would enforce low workforce housing rents if it was not part of the ordinance. She thought there should be mandatory price maximums and that parking be addressed. There will be singles, couples and small family rentals that will have vehicles. She thought workforce housing was great for small micro units, but they would not be charged lower rents and that more time should be spent on the ordinance. 13 Meeting Minutes City Commission Boynton Beach, Florida October 20, 2020 Amanda Radigan, Principal Planner, reviewed the ordinance which changed the way density is calculated in the Downtown Transit Oriented District (DTOD) only and would allow units smaller than 750 square feet to be counted as half a unit. The units are restricted to one bedrooms or efficiencies. They have to be in Transit Oriented Development and they are limited to the Mixed -Use 2, 3, 4 and Core Districts, which is their highest levels of land uses. Martin, Sarasota and Broward Counties have similar standards. The provision would allow for a greater housing supply and it naturally motivates more affordable units in a building. With more small units compared to larger units, the result is a greater percentage of affordability, but they are not capped by strict workforce housing income guidelines. It would result in a higher population density and it supported implementation of the CRA plan. Ms. Radigan reviewed the two density caps. When counting half units, they are limited to the underlying zoning district cap. If a zoning district allows 80 units, when counting half units, they are still capped at 80, if counting one to one, they are limited by the land use cap. No matter what, they would never go above the designated density in the Comprehensive Plan. A map of the areas that would allow the units was viewed. She advised this amendment is one in a series of changes that staff is working on. Accessory dwelling units will be presented in the future. Mayor Grant noted parking was not in the presentation, but learned the parking was unchanged. Mayor Grant queried if there are four units of 500 square feet and a three- bedroom, two -bath unit comprised of 2,000 square feet and learned the amendment allowed the density at the same sized location, so that the developer was incentivized to have smaller units than larger units. The amendment is more meant for, and not so much for Millennials, but for Generation X's and future generations. The plan is to build our City for the future and it will be different than it was 15 years ago before Marina Village and Casa Costa was constructed. They are here and the City has to build the downtown. The amphitheater will have concerts; the Historic High School Civic Center will have plays. They City needs people and he was concerned about economic development. The City needs to have residents and jobs as well. He hoped they could address how to address parking for mixed use and have an overlap to achieve the density for people coming and going into the City. Commissioner Romelus noted this was just one change they were making. A workshop will be held in November. Changes regarding accessory dwelling units was forthcoming and they will go through ideas. The workshop will be held on November 12th at 5 p.m. in a webinar format. Vote City Clerk Gibson called the roll. The vote was 4-0. D. Discussion and direction by City Commission regarding the Letter of Intent from Mallorca Isles, LLC., regarding the Nickels Blvd property. (The City Attorney recommends this item remains on the table until the November 4, 2020 Commission meeting.) 14 Meeting Minutes City Commission Boynton Beach, Florida October 20, 2020 13. Future Agenda Items Mayor Grant learned of previous attempts to annex the area between Nickels Road and Javert. He thought the City Commission should get a better understanding because this property is not in the City and there are no plans to annex it. If they do annex the property, it would make sense to preserve it. He would like information on prior annexation attempts for discussion. With this property annexed, they can annex more property. He thought if selling the land was for a financial reason, they could negotiate and get additional revenue for the City, and it be in perpetuity, which would be a better deal for the City than a one-time sale of the property. He requested consensus this would be on the November 4t" agenda before the Mallorca Isles item. Commissioner Romelus noted the City cannot annex property that is not contiguous to City limits. Mayor Grant agreed, and commented Mr. Groff had mentioned there was a prior annexation attempt involving this property for water service and it was very close. He thought it would make sense to annex the property between Javert and Nickels and keep the land as a nature preserve. Ms. LaVerriere explained they worked with the County a year and a half ago to annex the land from the mall to the Nickels property and all the residential properties. The residents favored annexation, and the vote was very close, but it was not enough and the annexation was not passed. By annexing the property, it would make the parkland contiguous. Staff will bring those details to the meeting. Vice Mayor Penserga supported receiving more information. He thought if the City would annex the property, they should maintain it, and the city was not making enough investment to its current parks and current preserves. Mayor Grant announced the next meeting is Wednesday November 4t" due to Election. Day. He also noted Daylight Savings Time is November 1 st and all should set their clocks back one hour. A. Discuss and consider the development of a public policy relating to the location of monuments on City property - November 4, 2020 B. Hear monthly update from E2L Solutions and JKM Developers, Inc. regarding the Town Square Project. - November 4, 2020. C. ILA between the City and CRA for conveyance of property located at 1102 N. Federal Hwy. - November 4, 2020. D. Discuss the naming of the amphitheater and open space at the new City Hall campus. November 17, 2020 E. Vice Mayor Penserga requested a discussion regarding a City Mural Program -TBD 15 Meeting Minutes City Commission Boynton Beach, Florida October 20, 2020 F. Proposed Resolution No. R20-093 - Approve and authorize the Mayor to sign documents releasing and creating project easements. (Tabled from the 9/15/2020 Commission meeting.) - TBD 14. Adjournment Motion Commissioner Hay moved to adjourn. Commissioner Romelus seconded the motion. The motion unanimously passed. The meeting was adjourned at 7:16 p.m. Mr. McNally explained how to access the video of the meeting. CITY OF BOYNTON BEACH Mayor - Steven B. Grant Vice Mayor — Ty Penserga Commissioner — Justin Katz Commissioner —Woodrow L. Hay Commissioner — Christina Romelus ATTEST: Crystal Gibson, MMC City Clerk Catherine Cherry Minutes Specialist October 20, 2020 City Commission Meeting Minutes Attachment "A" Public Comment — October 20, 2020 Commission Meeting Agenda Item No(s). Name Comments E-mail and/or Physical Address Phone No. Date/Time Received Method Received 1. 8.13. (Proposed Robert "I am very much against abandonment of that street. That street (inaudible) tractor trailers make deliveries to the 640 E. Ocean Ave. None 10/20/2020; Voicemail Ordinance Nebb shopping center. It is also the rear entry to everybody else who is on the south side of Ocean Avenue, which often floods in the Ocean provided. 11:58am No. 20-035 re: and is the only access to the properties on Ocean Avenue when Ocean Avenue floods out; it's on a regular basis. So I'm Plaza SE 1st Ave.) against the abandonment of the street. I love their project, but they must keep that street open. Thank you."