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Minutes 11-04-20Minutes of the Boynton Beach City Commission Special Meeting Held Online Via the GoToWebinar Platform Boynton Beach, Florida On Wednesday, November 4, 2020, at 5:30 P.M. Present: Steven B. Grant, Mayor Lori LaVerriere, City Manager Ty Penserga, Vice Mayor James Cherof, City Attorney Justin Katz, Commissioner Crystal Gibson, City Clerk Woodrow L. Hay, Commissioner Christina Romelus, Commissioner (arrived at 5:48pm) Openings A. Call to Order - Mayor Steven B. Grant Mayor Grant called the meeting to order at 5:30 p.m. John McNally, Director, ITS, explained how the meeting would proceed and how the public could participate. Invocation by Apostle Tommy Brown of New Disciples Worship Center Apostle Tommy Brown gave the Invocation. Pledge of Allegiance to the Flag led by Vice Mayor Ty Penserga Vice Mayor Penserga 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 moved Item 3.I., update regarding the Town Square Project, regarding JKM Development to Legal as Item 12. E. and moved 12 C, Discussion and direction by City Commission regarding the Letter of Intent from Mallorca Isles, LLC., regarding the Nickels Boulevard property to before the Consent Agenda. Items 8. A, B, and C, should remain on the table. Meeting Minutes City Commission Boynton Beach, Florida November 4, 2020 2 2. Adoption Motion Commissioner Katz moved to approve. Commissioner Hay seconded the motion. The motion unanimously passed. 2. Other A. Informational items by Members of the City Commission Commissioners Katz and Hay had no disclosures. Vice Mayor Penserga disclosed he spoke to both parties involved with the Mallorca Isles item. Mayor Grant attended the Florida League of Cities Advisory Committee on the 23 rd and that afternoon attended the Tim Howard Excellence in Public Service Award. He was pleased Mr. Howard was honored for his service. He attended a Palm Tran Connection Disadvantaged Local Coordinating Board meeting on the 28th. On the 29th, he attended Read for the Record at Freedom Shores Elementary and attended a virtual Metropolitan Planning Organization Advisory Council on behalf of the Palm Beach County Transportation Planning Agency. He played golf with John Markey and Jeff Johnson of JKM Developers to support Habitat for Humanity, and he was able to speak with their Executive Director, Randy Nobles, Troy McClellan of the Boca Chamber and Jason Hagensick of the YMCA. That morning Habitat partnered with Lowes and the Boynton Beach Police Department to paint and install a new roof on Mr. Barton’s home. Mr. Barton is 98 years old and a WWII Veteran who is still driving his Cadillac. This morning Mayor Grant was a panelist for Congress Middle School for the new assistant principal and they have a new fundraising campaign, a step it up kit that he will be contributing to. 3. Announcements, Community and Special Events And Presentations A. Proclaim the month of November as National Family Caregivers Month. Ricky Petty, Project Director for Healthier Boynton Beach, will accept the proclamation. Mayor Grant read the Proclamation declaring the month of November as National Family Caregivers Month. Mr. Petty was honored and pleased to accept the award. He advised caregiving is an amazing and challenging job. Their mission is to assist caregivers and provide resources and services for caregivers and each year, they provide an event in appreciation of caregivers. This year’s event will be held virtually on November 10 th from 11 a.m. to 1 p.m. on Facebook Live. He hoped all would join in. He will send a link to post on the City’s website. It will be a drive through pick-up event at St. John Missionary Baptist Church. Caregivers can pick up a gift bag if they register for the event. B. Proclaim November 16 - 22, 2020 as “Entrepreneurship Week” for the City of Boynton Beach. David Scott, Director of Economic Development and Strategy, will accept the proclamation. Meeting Minutes City Commission Boynton Beach, Florida November 4, 2020 3 Mayor Grant read the Proclamation declaring November 16th to 22nd as Entrepreneurship Week. Mr. Scott accepted the award and thanked all for the Proclamation. He announced 80% of businesses have 10 or less employees and Boynton is a City of small businesses. The Proclamation acknowledges the start-ups and entrepreneurs that make Boynton Beach their home. Each week global entrepreneurship inspires thousands of events, activities and competitions in over 180 countries. Last year, they partnered with Palm Beach County and West Palm Beach to implement a seven-day showcase. This year’s event was cancelled due to COVID, but a large event was planned for next year. Hosting this type of activity has a positive impact on aspiring entrepreneurs, moving them along the spectrum from an idea to beginning a start-up. This year’s workshops focused on start-ups and entrepreneurs. A partnership with the City, the CRA and the Library helps cultivate an entrepreneurial ecosystem. He announced the Business over Coffee meetings are the first Thursday of every month at 8 a.m. The meetings were previously held at Fire Station No. 5, but are now held virtually and ten to 15 businesses attend. Businesses who participate love the networking opportunities. (Commissioner Romelus arrived at 5:48 p.m. She advised she had no disclosures.) C. A Veterans Day Ceremony will be held on Wednesday, November 11, 2020, at 11:00 a.m. at the Tom Kaiser, USN, Boynton Beach Veterans Memorial Park. This event is produced in partnership with the Boynton Beach Veterans Task Force. CDC guidelines will be followed. Mayor Grant announced the above event. D. Announcement by Diane Valentini from Recreation and Parks about the Oceanfront Bark special event held at Oceanfront Park beach. The event is scheduled for Saturday November 21, 2020, from 9 am - 12 noon. Diane Valentini, Recreation Manager, announced the Oceanfront Bark event They welcome all well-behaved dogs to party on Oceanfront Park Beach on November 21st from 9 a.m. to noon. It is an opportunity for dogs to be allowed off leash in a designated fenced area on the beach. Dogs must have appropriate licensing and there will be free parking that day. This event was held last year and was very popular. This year, they are bringing in some vendors providing information about their business, which are all pet related. The event will be held the third Saturday of every month. The next events will be held December 19th, January 16th, and February 20th. Anyone with further questions should call (561) 742-6243. E. Announce the Solid Waste Division will be having Tire Amnesty Week for City Residents from November 2nd through November 6th, 2020. Meeting Minutes City Commission Boynton Beach, Florida November 4, 2020 4 Mayor Grant announced the details about Tire Amnesty Week. F. Reminder: City offices & the Library are closed on Wednesday, November 11, 2020 in observance of Veterans Day. Mayor Grant announced City closings due to Veterans Day. G. The PBC Health Care District Mobile Covid-19 testing unit will be coming back to Boynton Beach on the following dates: Friday, November 6, 2020 at the Boynton Beach Mall Monday, November 9, 2020 at the Ezell Hester Center Monday, November 16, 2020 at the Senior Center The unit will be open from 9 a.m. to 4.p.m. An informational flyer is attached. Mayor Grant announced the events. H. The City Commission will have a workshop meeting at 5:00 p.m. on Thursday, November 12th to discuss the City's affordable and workforce housing programs/ordinance. Mayor Grant announced the virtual workshop. He commented in order to provide affordable workforce housing, there are certain subsidies to be provided to the developers otherwise they are unable to build the structures. I. Update on the Town Square Project from E2L Solutions and JKM Developers, Inc Mark Hefferin, E2L, reviewed a PowerPoint presentation and gave a progress report of movement made over the last month. An aerial photo of the Town Square showed the landscaped areas including the grass was completed. The amphitheater is finished and a sound test was conducted last Thursday. Landscaping on 1st Street was completed and the Kapok Tree was doing well. E2L received the time capsule and will deliver it to the City next week along with a bronze plaque representing the Centennial time frame to be opened in future generations. The artwork, Synerthesia was installed. The children’s playground dedication took place and over 200 butterflies were released. The temporary north parking lot by the Schoolhouse Children’s Museum (SCM) is active. They spoke with Suzanne Ross, Executive Director SCM and Diane Valentini, Recreation Manager, and attendance was increasing. The Old High School is open and has lots of activity. They landscaped the Seacrest and Boynton Beach Boulevard corner, which is set up for overflow parking. Using a drone, a hotel view from the hotel pool deck area looking to the Old High School was viewed without the north garage obstruction. They are still talking about parking options and continue to like the original design, but adjustments Meeting Minutes City Commission Boynton Beach, Florida November 4, 2020 5 were being made. Commissioner Katz commented there had been discussion about the Old High School and the back of the building, but it was not the back. He asked if there were accent pieces or City banners to improve the façade and make the building more aesthetically pleasing. Colin Groff, Assistant City Manager, responded there is more construction planned north of the building so one would not see the back of the building. When building on the north parcel takes place, they will try to dress it up temporarily. Vice Mayor Penserga asked about the status of a hotel. Mr. Hefferin explained they have a Memorandum of Understanding signed with a hotel group, but they are considering a different brand. The market is impacted by the pandemic and the beach communities were rebounding better. There is a lot of interest in the parcel, but parking is the number one challenge for them. This was always Phase IV of the Town Square planned and they are trying to move it up to an earlier phase, but they need to address parking to get in and out of that parcel as well as traffic and rights-of-way issues. Mayor Grant asked when E2L will take ownership of the land. Mr. Hefferin responded they have an option to turn in to update the original Purchase and Sales agreement. They could take rights to it now, but they did not want to start construction without knowing they have alternatives regarding parking. They will not take title until they had a permit and knew that the project would move forward before actually making the purchase. 4. Public Audience Individual Speakers Will Be Limited to Three-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) Susan Oyer, 140 SE 27th Way, asked Mr. Hefferin if the time capsule was waterproof and learned it was. Ms. Oyer thanked the Police Department. A young girl in her neighborhood disappeared and the Police were amazing going door-to-door. The girl was found safe. Ms. Oyer suggested using the back of the Old High School to project movies for the community. When she was in England, they projected historic pictures on buildings in the wintertime and she thought something similar could be done here. Ms. Krusell had informed her they had done something like that in the past. Luanne Moore, 133 Buffet Key, spoke about a public safety issue resulting from permitting high powered antennas in close proximity to the public and the denial of responsibility by Assistant City Manager Groff. She was contacted last week by a person claiming to represent the applicant for these permits and she asked them why they were constructing and operating antennas close to the public in violation of federal law. He told her it was because compliance with federal law is not a requirement for these construction permits. She emphasized they were low and mid-band, high-powered broadcasts into residential homes and bodies. She advised the Governor’s office said the permitting falls under Home Rule and she asserted the City was causing these public safety problems by its denial and failure to keep up with federal law. She commented Meeting Minutes City Commission Boynton Beach, Florida November 4, 2020 6 federal law can supersede state and local laws. The City Ordinances in Florida and elsewhere can and do exceed federal compliance in rights-of-way and other laws pertaining to wireless communication infrastructure and the City has the definition and regulations in their Code or Ordinances. In addition to the rights-of-way rules they are in Part IIL LDR, Chapter 3 Zoning, Article 5 Supplemental Regulations, Section 13 for wireless communications facilities. She explained WCX means any manned or unmanned location that transmits or receives radio frequency signals or other wireless communication usually consists of an antenna or proof of antenna, transmission cables and equipment cabinets and they include antenna support structures. Under general provisions for the purpose of antennas is to promote the health safety and welfare of the general public. She wanted the permits denied and revoked and an application screening process put in place for all telecommunication facilities. Mayor Grant requested they get the information from staff about the City’s current LDR so they can make an informed decision. Tory Orr, 407 NE 17th Avenue, asked about Wells Landing and if the management company would offer jobs to the community. Mayor Grant explained the item would be discussed later. Mr. McNally noted a question submitted by the public from Courtlandt McQuire who asked if the parking garage was put on hold indefinitely. Mayor Grant explained the permit for the parking garage was ready, but there are still revisions to the residences and a permit for them was not yet ready. 5. Administrative A. Approve the request of Commissioner Hay to distribute $250.00 of his Community Support Funds to Pathways to Prosperity. Motion Vice Mayor Penserga moved to approve. Commissioner Hay seconded the motion. The motion unanimously passed. B. Approve the request of Mayor Grant to distribute $250.00 of his Community Support Funds to the Chevy DTV Foundation. Motion Vice Mayor Penserga moved to approve. Commissioner Hay seconded the motion. The motion unanimously passed. Darryl Sanders, 2001 NW 6th Street, Chevy DTV Foundation, thanked Mayor Grant for his donation. He explained this was just the first step with partnering with the Education Meeting Minutes City Commission Boynton Beach, Florida November 4, 2020 7 Foundation to teach the community how to use computers, partner with Healthier Boynton and help with Telemedicine. C. Approve the request of Mayor Grant to distribute $500.00 of his Community Support Funds to Boynton Strong Community Outreach and Training, Inc. Motion Commissioner Hay moved to approve. Vice Mayor Penserga seconded the motion. The motion unanimously passed. Irwin Cineus thanked Mayor Grant and the Commission. They have been doing this since 2017 and are continuing to grow. Their main mission is outreach to help communities and families access resources. They try to identify issues in each community and bring solutions. They hold toy and food drives. They have held flea markets, and have been partnering with City officials and act as liaisons for the community. They help with job fairs and try to help with resources. They received a grant with Healthier Boynton Beach and have been holding training for 20 community members on how to perform CPR and Stop the Bleed. They also picked up 500 pounds of garbage. They will do anything to bring opportunities to the community. D. Appoint eligible members of the community to serve in vacant positions on City advisory boards. Motion Vice Mayor Penserga nominated Frando Patterson as an alternate on the Education and Youth Advisory Board. Commissioner Romelus seconded the motion. The motion unanimously passed. Mayor Grant announced the other Board vacancies. C. Discussion and direction by City Commission regarding the Letter of Intent from Mallorca Isles, LLC., regarding the Nickels Blvd property. (Tabled from the September 15, 2020 Commission meeting.) Motion Commissioner Hay moved to remove the item from the table. Commissioner Katz seconded the motion. The motion unanimously passed. Mayor Grant explained he received a lot of emails about the item. He reviewed the appraisal and contemplated why he was elected and felt he was elected to help improve the City. Originally the property would help the City because the area is an unincorporated part of Palm Beach County. He looked at the water utility map and those Meeting Minutes City Commission Boynton Beach, Florida November 4, 2020 8 properties would most likely come into the City He walked the property, and it has not been touched by humans. The forest is between the canals and they should preserve it. They can plant more trees in the City, but they cannot build homes there and then plant those trees. He announced he would not support selling the property. The appraisal did not take into account property south of the park in Delray and Boca and he thought the City should speak to other cities and try and find partners within the county and State to try to switch the homes with septic systems to a sewer system. Septic systems cause excess nutrients and fecal matter to enter the canals and Intracoastal. He did not think it was right they are using the waterways and property within City limits to dispose of their fecal matter. Mr. Groff explained the first appraisal was done in 2014 and the City has asked for an update. The entire parcel was originally appraised for $2.8M. The new appraisal is for $3.8M based on the best use based on the Future Land Use Map and zoning the County has on the property. It is also based on the property being ready to be developed. Vice Mayor Penserga understood the prior Commission had initiated a process where they list and publicly announce surplus properties and thought this was one of them. It is City-owned, but it is controlled by the County and whether the property is sold or not, the City has no legal say in what can be done. Now there are two parties interested in purchasing the property. He had explained if they are going to pursue the property, they should get the best value for the land and they need to set the facts straight. There is a political motivation behind all of this that was intentionally made to stir the pot. They are voting to sell or not sell surplus property. He thought they could add a condition that the animals be saved and relocated, and a portion of the proceeds of a sale be reinvested back into the environment, specifically for the Quantum Eco-Park. The idea that this property was the last forest was not true. The City has 60 acres that has been promised to be developed as an eco-park which would put the park on the map and make the City unique. The residents waited too long and they have an opportunity to invest and turn it into reality. He thought the Commission could make an investment in the 60-acre eco park. He requested those conditions be added. Mayor Grant asked Mr. Groff what the shaded areas on the unincorporated water utility map were and learned the shaded areas were the areas that have water and sewer utility service agreements. The service agreements have power of attorney language where the property owners have agreed to voluntarily annex into the City when the City chooses to do so. Mayor Grant thought it was important to obtain the property between Nickels and Javert for water service and start the process of annexation because the funds they will obtain for the City was needed. He understood Vice Mayor Penserga’s concerns, but if they sell the property to a home builder, they will build homes and not keep the property. He could not see cutting down one tree to plant another. There was not enough information from staff because they did not say $2.1M was an awful offer. The only thing they can gain by waiting is more money for this property if this or a future Commission decides to sell it, but the City could get a lot more value by holding on to it and working Meeting Minutes City Commission Boynton Beach, Florida November 4, 2020 9 with their neighbors. They will expand the City limits and have increased property values. He wanted to work with the City’s neighbors in the unincorporated areas. Commissioner Katz requested clarification when the property was transferred from the County to the City as a public use. He asked about the language used and about a percentage of property was conveyed to be preserved versus the entire property. Mr. Groff replied that based on their research and appraisal, there is .8 acres on the bottom corner that was deed restricted for a park. Most of the property was conveyed to the City by the County for the public good or for a public purpose. It does not say dedicated for any other use. Commissioner Hay agreed with Vice Mayor Penserga. He did not see annexing the property and he favored selling the property. It was surplus and the proceeds could work wonders in Quantum Park. He thought annexation would be a challenge. He supported selling it and moving on. Vice Mayor Penserga reiterated his reasons for opposing annexation. The dilemma is as good as it sounds and the optics might be a political gold mine. There are several undeveloped, unmaintained acres of properties in the City. Quantum Park has no lights and no gates. There were four dead bodies found there and the Fire Department has been called for brushfires from arsonists. He thought why absorb more when the City does not have the funds to maintain it. He did not support annexing additional property. Commissioner Hay pointed out annexation could only occur with property that was contiguous. Mayor Grant explained the Westside Baptist Church property was contiguous and could be annexed, but the area between Javert and Nickels would create a pocket, and unless they want to become part of the City, they could not be annexed. He had hoped to give them the opportunity. There would be 230 residences that were mostly single-family homes. If the homes paid $1,000 a year, in 10 years or more they will have achieved the value of the property. It would also be in perpetuity and then they could annex Cypress Creek and increase the City’s property value. Currently, Boynton Beach has the highest density in Palm Beach County at 4,600 people per square mile compared to Delray with 4,300. Delray’s property values were also higher than Boynton’s. The City does not have oceanfront property to help fund city services. Mayor Grant understood the comments, but thought taking the money and running was something to do in the short term and in the long term, they should try to expand the City and city services so they will have a long-term benefit for current and future residents. In 2017, the City attempted to connect them to City water and they were not interested. He thinks the residents thought there was no way the City would sell the property, If they realized the City would sell, unless they agreed to connect to water service so they could annex the property, it would make a difference. If the residents prefer septic, they are unlikely to sell their home and if the system fails, it cost of $20K to fix. There are environmental regulations in place that would hopefully encourage the residents to connect to the City’s sewer system. Meeting Minutes City Commission Boynton Beach, Florida November 4, 2020 10 Commissioner Hay explained the last time he spoke with residents, they did not want to annex. Mayor Grant wanted to expand the City’s footprint. He thought there should not be septic properties because the canal system does not look good when there is too much rain. The water table rises and they have to protect the environment. He further pointed out the appraisal depicts the land value per building, but not the value to the City and world how much carbon is there. He thought there was thousands of tons of carbon in the forest. If they sell to a developer, they are releasing carbon into the atmosphere. Mayor Grant opened Public Comment. The following citizens spoke individually and collectively against the City selling the Nickels Property based on public uses, climate action, lack of green space and traffic concerns:  Drew Martin, Sierra Club  Mike Fitzpatrick, 175 SW 2nd Street  Laura Milligan, 3621 Harlow Avenue. (Ms. Milligan presented a petition with 750 Signatures in support of preserving the forest)  Kathleen Gates, 9693 El Clair Ranch Road  Michael Zwierzyna, 9341 Longmeadow Circle  John Tierney, 3626 Ivanhoe Avenue  Kathryn Monaco, 9335 Longmeadow Circle  Charles Kanter, 2905 S Greenleaf Circle (He clarified when he heard the proceeds of the sale would be used for Quantum Eco Park, he supported the matter. He supports preserving these trees and announced he was neutral)  Desmond Gallant, 3590 Quentin Avenue  Ann Saunders, 9365 Longmeadow Circle  Louis (inaudible last name) at 9335 Longmeadow Circle  Gigi Grein, 9305 and 9311 Longmeadow Circle  Maryland Hammet, 102 SW 7th Street  Mike Corcoran, 9317 Longmeadow Circle  Tom Warnke, 2780 Worchester Road  Fernando Rocha, 2301 S Congress Avenue, # 1713  Susan Oyer, 140 SE 27th Way Mayor Grant commented they should try to find the best offer, which was to annex the area between Nickels and Javert, to get them off of septic systems. The EPA website said the soil can treat some pathogens, viruses and bacteria, but not medicines, cleaners and other harmful chemicals and septic systems did not work when the water levels are on the same levels as the septic system. Commissioner Romelus did not agree with the Mayor to solicit residents to switch from septic to sewer and did not agree it would be because the City Commission choose to save the forest. She believes until it is inconvenient enough, people would not switch from septic to sewer. She thought either way, it was a potential lose-lose situation. She noted there is an $3.8M appraisal that is above the two offers on the table and she would not Meeting Minutes City Commission Boynton Beach, Florida November 4, 2020 11 accept either offer. She would direct staff to end all negotiation and walk away. The residents in the area are unwilling to annex so there is no real win. The situation arose due to an unsolicited Letter of Interest. She was interested in seeing affordable housing constructed, but was not really sold on the proposals. She thought leave it alone and direct staff to have conversations with residents in the area and start making the transition from septic to sewer moving forward in an environmentally-friendly direction. Commissioner Hay was pleased so many showed up to speak on the property. He visited the site and spoke to people and there did not seem to be much interest in annexation. He is an advocate of green space and would like to preserve the forest. He walked it for a short time but thought the homeowners had to agree to keep it clean as it looked unkempt. It was 14 acres total, and he saw nice homes in the area. His earlier comments were made because he did not think there was much interest, but sees differently and he changed his mind. He agreed with Commissioner Romelus to make a transition to sewer and preserving the land. They can find funds for Quantum Park at another time. There are not many forests left in the City and there is room for improvement. Vice Mayor Penserga explained if people reviewed the recording, he took that line of reasoning based on a vote that the Commission previously had. His common sense told him to find a way to find a positive outcome, so he pushed for an investment at Quantum Eco Park as there have been bodies found there, trash and fires. He has heard a majority of the Commissioners change direction. He will always keep trying to present ideas to obtain benefits for the City. He is genuinely concerned about the properties the City currently has. They first have to take care of what they have and should not be reliant on external agents. Commissioner Katz did not have a strong position on this one way or the other, but he commended Vice Mayor Penserga for acknowledging the City has passive parks that were neglected. He noted some of the same people saying at every Commission meeting what to spend money on and then opposed an opportunity to obtain the funds to do so. There is a cost analysis to develop anything. He asked people to keep an open mind. You can’t get 100% of what you want when conflicting things are wanted. Attorney Cherof explained how to proceed. The item is about the Mallorca Letter of Interest and bundled into it is the Pulte contract which is on hold and is unsigned. If the Commission wants to clear the Board so all options are off the table, they need to reject the Letter of Interest from Mallorca and rescind Resolution No. R20-087 for the Purchase and Sale contract. Motion Vice Chair Penserga moved to reject the Letter of Interest from Mallorca Isles. Commissioner Hay seconded the motion. The motion unanimously passed. Motion Meeting Minutes City Commission Boynton Beach, Florida November 4, 2020 12 Commissioner Katz moved to reconsider and rescind Resolution No. R20-087. Commissioner Hay seconded the motion. The motion unanimously passed. Staff will move forward to treat the deposit as a transaction that is no longer pending. Mayor Grant will discuss any future options regarding this property on a future agenda. Commissioner Romelus asked how this situation occurred. Attorney Cherof explained the original transaction with Pulte regarding the deposit Pulte gave started in November 2019. They offered to purchase the property with terms and it had provisions for making deposits while they were making inspections and conducting due diligence. There were two deposits made and they offered the deposits with the idea it was a credit against the purchase price when the Purchase and Sale agreement was approved of and closed. The City will revisit the right of the City to either hold the deposit or return them. The methodology of the transaction from the inception was accepting a Letter of Interest to the property. The City would likely revisit the process in which City property is disposed of and staff will bring back ideas. Ms. LaVerriere explained when the Letter of Interest and was conveyed to the City Commission, at no time did staff negotiate anything until the City Commission directed them to do so. It was a very transparent process. Commissioner Romelus requested a Future Agenda Item to develop a more cohesive policy how to move forward with situations like this and in that policy, they look at Letters of Interest that give certain timelines. Commissioner Katz commented at this time, he did not intend to explore or support annexation of residential homes near the Nickels property. 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 an increase to Purchase Order PO # 201223 for $53,500.00 issued to EnviroWaste Services Group, Inc for emergency cleaning of Master Pumping Station #317 wet well. With the proposed increase the new purchase order will be $83,000.00. B. Proposed Resolution No. R20-118 - Authorize the Mayor to sign an agreement between the City of Boynton Beach and the Hypoluxo Harbor Club Homeowners Association (Hypoluxo Harbor) providing for the collection and treatment of bulk sewer from their internal wastewater systems. Meeting Minutes City Commission Boynton Beach, Florida November 4, 2020 13 C. Proposed Resolution No. R20-119 - Authorize the Mayor to sign an Asset Purchase Agreement between the City of Boynton Beach (City) and Half Moon Bay Master Association, Inc. (Half Moon Bay) for the acquisition of the Half Moon Bay private Lift Station, and approve the associated costs to purchase the systems and install the necessary control panels and equipment. The purchase agreement also authorizes two associated utility easements required within Half Moon Bay. D. Legal Expenses - September 2020 - Information at the request of the City Commission. No action required. E. Approve minutes from the City Commission meeting on October 6, 2020. Motion Commissioner Katz moved to approve. Commissioner Hay seconded the motion. The motion unanimously passed. 7. Consent Bids and Purchases Over $100,000 A. Approve a purchase from Integrity Municipal Systems, Inc. for $177,800 to furnish, install and start-up services of a new Lime Slaker System at the East Water Treatment Plant as a sole source. B. Approve and authorize the issuance of a purchase order to Gentile Glas Holloway O’Mahoney, in the amount of $128,859.39 in accordance with RFQ No. 046-2821-17/TP, general consulting services contract, scope category E awarded by City Commission on August 7, 2018 for the design, permitting, and construction administration of the site improvements at Ezell Hester Park. C. Proposed Resolution No. R20-120 - Approve utilizing City of Lake Worth Beach, Florida Bid No. 20-108 with Shrieve Chemical Company to provide 93% Sulfuric Acid on an “as needed” basis, in an estimated annual amount not to exceed $204,264 and authorize the City Manager to sign an Agreement with Shrieve Chemical Company. The City of Lake Worth Beach procurement process satisfied the City's competitive bid requirements. D. Approve an increase to the estimated two-year expenditure with Kelly Janitorial to $625,000 due to the additional COVID-19 response costs needed this fiscal year. Motion Meeting Minutes City Commission Boynton Beach, Florida November 4, 2020 14 Commissioner Katz moved to approve. Commissioner Hay 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. Mayor Grant announced the first three items will remain on the table. 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 1st Avenue running east from Federal Highway for a distance of approximately 175 feet. Applicant: Evan Vlaeminck of GCI 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.) D. Proposed Ordinance No. 20-036 - Second 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 No. 20-036 by title only on Second Reading. Motion Meeting Minutes City Commission Boynton Beach, Florida November 4, 2020 15 Commissioner Katz moved to approve Ordinance No. 20-036. Commissioner Romelus seconded the motion. Vote City Clerk Gibson called the roll. The vote was 5-0. E. Proposed Ordinance No. 20-037 - Second 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 No. 20-037 by title only on Second Reading. There was no public comment received. Motion Commissioner Hay moved to approve Ordinance No. 20-037. Commissioner Katz seconded the motion. Vote City Clerk Gibson called the roll. The vote was 5-0. F. Proposed Ordinance No. 20-038 - First Reading - Approve Wells Landing North Future Land Use Map Amendment from Local Retail Commercial (LRC) and Medium Density Residential (MEDR) to Mixed Use Low (MXL). Applicant: Elizabeth Roque/Wells Landing Apartments LLC Mayor Grant read proposed Ordinance No. 20-038 by title only on First Reading. Proposed Ordinance No. 20-039 - First Reading - Approve Wells Landing North Rezoning from C-2, Neighborhood Commercial and R-2, Single-and Two-Family Residential to MU-1, Mixed-Use 1, with a master plan for 24 multi-family units and 8,530 square feet of commercial. Applicant: Elizabeth Roque/Wells Landing Apartments LLC Mayor Grant read Proposed Ordinance No. 20-039 by title only on First Reading. Brian Herbert, 1311 Newport Center Drive, Deerfield Beach, the architect of record was present. He explained the only proposed request to the north parcel of the Wells Landing project was a land use land amendment and a new site plan and a rezoning within the land use plan amendment. He reviewed a presentation. The zoning would change to MU Meeting Minutes City Commission Boynton Beach, Florida November 4, 2020 16 -1 at 20 dwelling units (DUs) per acre. To do so, they needed to change the land use. The current land use was a combination of Local Retail Commercial and medium density residential. The proposed land use would be Mixed-Use Low with 20 DUs per acre. The second request was a 30-foot roadway abandonment which is a portion of property that was not used. The next portion was a five-foot easement abandonment behind the property. The third request was a new site plan for a three-story 24 dwelling unit affordable housing mixed-use project with about 8K square feet of mixed-use commercial on the first floor. The building would front MLK Jr. Boulevard creating a plaza atmosphere with a breezeway and courtyard element between the buildings. Parking would be towards the rear of the development with ingress and egress on MLK Jr. Boulevard and a driveway onto N. 11th Avenue. There will be a buffer consisting of decorative concrete wall. There are conditions of approval which they agree with. An image of the site amenities was viewed. He reviewed the sustainability standards and they have exceeded them. Mayor Grant asked about electric vehicle charging stations and learned they were included. Other sustainable amenities included butterfly attracting plants, bike racks, energy efficient lighting and Heating Ventilation Air Conditioning systems, higher than normal insulation and water efficient features on the building. The landscaping was reviewed and they worked with staff on the north parcel and the Complete Street program to tie into MLK Jr. Boulevard with shade trees and typical planting along the perimeter of the property and the parking. They agreed to additional landscaping on the east and west ends of the building. An image of the building’s elevation was viewed which was Floribbean and Caribbean influenced. There will be a plaza, pedestrian atmosphere with shade trees and a courtyard. He reviewed the additional conditions of approval they agreed with. Ms. LaVerriere explained these amenities were items requested by staff after the Planning and Development meeting including the new State Fire Code which requires bi-directional amplifiers that will allow Fire and Police not have gaps in the communication systems inside the building if they are responding to an emergency. The Police Department wanted to work with the developer to have access to their security cameras and License Plate Readers once the project is constructed. The developer would maintain the cameras. Mayor Grant asked how wide the sidewalks would be on north side of MLK Jr. Boulevard and learned there is an eight-foot sidewalk from the backside of the parallel parking spaces to the tree planters and 25 feet between the back of the parallel parking to the outermost portion of the building creating 25 feet worth of sidewalk and plaza area. The building will have hurricane impact windows. Mayor Grant asked for a motion to approve Ordinance No. 20-038. Motion Commissioner Hay moved to approve. Commissioner Katz seconded the motion for discussion. He noted former Commissioner McCray explained the community wanted a different project name. Commissioner Hay noted the community requested the project Meeting Minutes City Commission Boynton Beach, Florida November 4, 2020 17 be named the Heart of Boynton Village. Mr. Herbert explained this arose at the Planning and Development Board meeting and the developer was amenable to making a name change. Susan Oyer, 140 SE 27th Way, suggested the project be named after the Continental Club, a former club on MLK Jr. Boulevard that used to host several famous musicians. She thought it was a good way to honor the community’s history. Mayor Grant explained it was not their decision and he deferred to Commissioner Hay. A decision did not have to be made today. The applicant had agreed to wait on a formal name for the development. Vote City Clerk Gibson called the roll. The vote was 5-0. G. Approve Wells Landing North (NWSP 20-004) for a mixed-use development consisting of a three (3) story building with 24 Affordable housing dwelling units, 8530 square feet of commercial space, associated parking and related site improvements on a 1.23-acre site. Applicant: Elizabeth Roque, Wells Landing Apartments LLC Motion Commissioner Katz moved to table item 8.G. to the next meeting. Commissioner Hay seconded the motion. The motion unanimously passed. H. Proposed Ordinance No. 20-040 - First Reading - Request for abandonment of a portion of the unimproved 30-foot wide right-of-way of NE 1st Street running north and south from NE 11th Avenue south approximately 150 feet (ABAN 21-002) Attorney Cherof read proposed Ordinance No. 20-040 by title only on first reading. A presentation on this Ordinance was made earlier in the meeting. Mayor Grant asked for a motion to approve Ordinance No. 20-040. Motion Commissioner Hay so moved. Vice Mayor Penserga seconded the motion. Vote City Clerk Gibson called the roll. The vote was 5-0. Meeting Minutes City Commission Boynton Beach, Florida November 4, 2020 18 Proposed Ordinance No. 20-041 - First Reading - Request for abandonment of a portion of an unimproved five (5) foot wide alley running east to west from Seacrest Boulevard east to approximately 436.5 feet (ABAN 21-001). Attorney Cherof read proposed Ordinance No. 20-041 by title only on First Reading. Mayor Grant asked for a motion to approve Ordinance No. 20-041. Motion Commissioner Hay moved to approve Ordinance No. 20-041. Commissioner Romelus seconded the motion. Vote City Clerk Gibson called the roll. The vote was 5-0. I. Approve Wells Landing South (NW SP 20-005) New Site Plan for a multi-family residential development consisting of two (2), four-story buildings with a total of 100 affordable housing dwelling units, associated parking and related site improvements on a 2.69-acre site. Applicant: Elizabeth Roque, Wells Landing Apartments LLC Mr. Herbert reviewed the Site Plan has 100 units. One building runs parallel to MLK Jr. Boulevard with a pedestrian plaza in front of the property. They created small porch type elements. Parking is towards the rear of the building as well as the trash enclosure. The second building is on the west side of the property. The north portion has office and common areas to create a more active element. Adjacent residential properties are screened with a decorative concrete wall. Site amenities included efficient cooling 16 Seer air conditioners, efficient water heating systems, a cool roof system, lighter building colors, energy efficiency lighting and appliances in units and common areas, and reclaimed irrigation water. The insulation was increased from R19 to R30. The tree canopy increased by 10% and there are two EVC stations over the required minimum. The landscape plan was viewed. Additional landscaping will be added in the lower right-hand corner of the parcel and perhaps create a slash pine area. The civil engineering plan was reviewed. All the buildings would be covered within the radii of the fire hydrants. The building elevation was viewed. Mayor Grant liked that they had two four-story buildings, as they will have elevators which provided greater access for more people. The three-story building will have an elevator as well. Mayor Grant asked for a motion to table item 8.I to the next meeting. Motion Meeting Minutes City Commission Boynton Beach, Florida November 4, 2020 19 Commissioner Hay moved to table. The motion was duly seconded and unanimously passed. 9. City Manager’s Report A. Discuss naming City facilities in the Town Square Project in downtown Boynton Beach. Ms. LaVerriere explained the City has reached a point where they can begin to name some of the facilities in the Town Square. The City has a naming ordinance which provides a procedure. They are looking to name the area near the Kapok tree on the west side of the Old High School, the amphitheater, and the Old High School. They recommend Centennial Park for the open green space because it was built in the City’s Centennial Year. The Kapok tree is historic and stunning and the City recommends it be called Kapok Park and the Old High School be renamed the Boynton Beach Arts and Cultural Center. The Commission can initiate and have a five-member committee review the suggestions, hold a public meeting for input and bring back recommendations. The Recreation and Parks Board has handled naming requests in the past. They would take the suggestions and consider them at a public meeting and provide a recommendation to the Commission. The City was developing a marketing brochure for the Old High School as they are looking to rent it, particularly the upper floor. Commissioner Hay asked how much would it cost if he wanted to name the park Woodrow Hay Park or if it was an option the Commission would allow, The Ordinance also addresses remuneration if they want to sponsor the Arts and Cultural Center and they have a naming rights campaign. If donations are received to name a facility, it will come before the City Commission. Charlotte Pelton Associates helped determine what donation levels would be appropriate. If a donation is made, the matter would come before the City Commission to potentially alter the name again. Mayor Grant asked if a public survey was conducted and learned not yet. They are trying to have people attend the Recreation and Parks Board. If staff or the Commissioners receive suggestions, they too should be sent to the Recreation and Parks Board. Mayor Grant asked for a motion to send the naming rights to the Park and Recreation Board for naming rights and he wanted to limit the amount of suggestions the Board could provide to the City Commission to three suggestions per facility. Commissioner Katz added as a condition that the City Commission is not bound to taking any of those three suggestions. Mayor Grant agreed. Motion Commissioner Katz so moved. Commissioner Hay seconded the motion. The motion unanimously passed. The next Recreation and Parks Board meeting is the 23 rd. Meeting Minutes City Commission Boynton Beach, Florida November 4, 2020 20 10. Unfinished Business - None 11. New Business A. Proposed Resolution No. R20-121 - Approve the recovery of credit card/debit card surcharges (convenience fee) commencing December 1, 2020. Ms. LaVerriere explained the City is paying about $150K in transaction fees for credit card payments. Staff thought it was appropriate that the customer using the credit card to make payment absorb their transaction fee. There were no public comments received. Motion Commission Katz moved to approve. Commissioner Hay seconded the motion. The motion unanimously passed. It was noted customers using Visa/Mastercard Credit/Debit Cards or any card with the Visa/Mastercard logo are charged. Customers paying using an E-check, check, or cash are not charged. B. Discuss and consider the development of a policy relating to the location of monuments on City property. Ms. LaVerriere explained staff had discussions with Legal and the Executive Team and the City does not have a policy on monuments in parks or on the side of the road. Some other cities do. The State and County have standards for that, and the City may want to develop a policy. If there is a request to install a monument, there is no criteria to review it. Staff can conduct further research to bring back to the Board. Some cities are discussing tearing down monuments. The City should have criteria to determine how to make that decision. Mayor Grant thought it may be similar to a letter of intent. Ms. LaVerriere explained staff needs guidelines. Mayor Grant suggested having it go through the Historic Resource Preservation Board and then to the City. Commissioner Katz explained it is one thing if a monument universally could not be considered questionable or open the door for people to request one under freedom of speech or equal treatment principles. He did not have an issue with monuments specific to the history of Boynton Beach or the City. But he was concerned someone may want to install something that could be deemed objectionable. There are military monuments. He was concerned if the City lets any group do this in a public park, and the community around the park objects, there would be problems. It should have a finite scope and be dedicated to the history of Boynton Beach. The last monument Mayor Grant was aware of was the 911 monument. He requested information on how the City Commission decided to put the piece of girder there. They reviewed what other cities have done. Mayor Grant thought it may not be Meeting Minutes City Commission Boynton Beach, Florida November 4, 2020 21 only Boynton Beach. It could be for the United States. It should be something that makes the world a better place. Attorney Cherof thought it would be helpful to gather ordinances from around the country that reveals the complexity of review and the balancing of interest that a review and approval would encompass. 12. Legal A. Proposed Resolution No. R20-093 - Approve and authorize the Mayor to sign documents releasing and creating project easements. (Tabled from the September 1, 2020 Commission meeting.) Motion Commissioner Hay moved to remove from the table. Vice Mayor Penserga seconded the motion. Attorney Cherof explained in conjunction with the development of the Town Square, there were several easements granted for temporary construction areas and parking. As the project developed, the concern about releasing easements and approving new ones is no longer an issue for the City. They held them to ensure they did not give away anything they needed for the contractors to work or to park on under the terms of the Development Agreement. They are clear to move forward with the release of the old easements and adoption of new ones. Motion Commissioner Hay moved to approve. Commissioner Katz seconded the motion. The motion unanimously passed. B. Proposed Resolution No. R20-122 - Approve and authorize the Mayor to sign a Quit Claim Deed transferring the City of Boynton Beach property located at 1102 N. Federal Highway, Boynton Beach, FL to the Boynton Beach Community Redevelopment Agency (CRA). Motion Commissioner Katz moved to approve. Commissioner Hay seconded the motion. Any liens that would have been in favor of the City merge into the deed they will acquire on the successful outcome of the foreclosure case. The CRA will receive them from the City free and clear. The motion unanimously passed. C. Discussion and direction by City Commission regarding the Letter of Intent from Mallorca Isles, LLC., regarding the Nickels Blvd property. (Tabled from the September 15, 2020 Commission meeting.) Meeting Minutes City Commission Boynton Beach, Florida November 4, 2020 22 This item was addressed earlier in the meeting. D. Proposed Ordinance No. 20-042 - First Reading - Approve the Boynton Beach Administrative Code Amendments to the 7th Edition (2020) of the Florida Building Code. Motion Commissioner Katz moved to approve. Commissioner Hay seconded the motion. There were no public comments received. Vote City Clerk Gibson called the roll. The vote was 5-0. Ms. LaVerriere will give Mayor Grant an executive summary of what has changed. E Update from JKM Developers Attorney Cherof explained JKM Developers presented a letter that provides no definitive deadline for dealing with the issue of the construction of the two parking garages. He noted the language in the latter: The expectation or hope to be able to finance construction is followed a disclaimer, which may just be wishful thinking. This item dates back to in December when Mr. Groff sent a letter to begin the 18 and 24-month clock running for the construction and delivery of the two garages. A few meetings ago, Commissioner Katz asked about the timelines, which were out the window. Shortly after, the City pressed to get something in writing. The City received a letter from JKM’s attorney indicating that four of the 11 conditions the City needed to implement to start the clock running had not been satisfied. Attorney Cherof explained it will not be resolved by further discussion, an exchange of letters or wishful thinking. He requested the City Commission give him approval to initiate proceedings to get that important element of the agreement resolved. There is an interest the City holds arising from the language and obligations of the developer that are contingent on those interpretations and there are legal vehicles to do so. Mayor Grant agreed with Attorney Cherof’s request. Mayor Grant gave his rational for supporting Attorney Cherof’s request. Mayor Grant wanted a deadline to pull the building permit. They learned with the Magnuson House that the reverter clause allows them to retain the property if the project does not move forward. He wanted to do it at time of permit rather than completion. Commissioner Katz asked if the City Commission can approve Attorney Cherof to engage in both actions as he sees fit regarding summary judgement whether the timeline should have started and to give Attorney Cherof the authority to pursue legal action in anticipation of breach of contract when appropriate. He expressed JKM did nothing, had no financing and they did not believe they had to start the project or was capable of doing so. Attorney Cherof explained he needs a simple authorization to initiate the appropriate litigation to Meeting Minutes City Commission Boynton Beach, Florida November 4, 2020 23 resolve the matter. There is plenty of opportunity to make the relief they are seeking more detailed as they move forward. Any solutions would return to the City Commission for approval. Motion Commissioner Katz moved to authorize Attorney Cherof to initiate litigation. Vice Mayor Penserga seconded the motion. Mayor Grant asked how much it cost to file a Declaratory Judgement and learned it may cost $10K or 15K to start. They had prevailing party attorney fees included. Mayor Grant asked if they pay to file a Declaratory Judgement and are wrong, they would likely pay for JKM’s attorney’s fees. Mayor Grant requested reviewing the documents. Attorney Cherof explained when the complaint is prepared he will meet with each Commissioner before filing. If there are any issues, they would come back to the City Commission before filing. Vote Commissioner Katz amended his motion to include said language. Vice Mayor Penserga agreed to the amendment. The motion unanimously passed. Mayor Grant noted JKM made a request to negotiate with a workforce housing developer. Attorney Cherof recommended holding off on taking action at this point. 13. Future Agenda Items A. Vice Mayor Penserga requested a discussion regarding a City Mural Program -TBD B. Proposed ordinance prohibiting the use of EPS foam in City facilities – TBD Mayor Grant added No Shave November as a Future Agenda Item and advised he would be participating. He thanked all who voted in the November election. He had a meeting with the Chevy DTV Foundation and the Marketing Department about Juneteenth and MLK Day. He hoped they could have the MLK Committee on a future agenda so they could move forward. He wanted a meeting similar to last year or an announcement. As soon as they get a date for the MLK Committee’s first meeting he wanted to be made aware of it. Mayor Grant wanted to add a discussion about the LDR’s and high-powered antennas. Commissioner Katz commented with respect to a speaker and their individual views about viruses and radio waves, he did not think the City Commission needed to discuss or perpetuate the idea that antennas cause medical problems that scientifically are not real. He did not want to perpetuate the idea they are changing their regulations based on invalid scientific and medical conspiracy theories. Mayor Grant noted they did extend Meeting Minutes City Commission Boynton Beach, Florida November 4, 2020 24 antennas at Little League Ball Parks and where they can go in the City. He wanted to know where residential and commercial antennas were. He noted 5G was coming in. Two or three years ago, when the State preempted them from allowing 5G towers, he wanted to get a better understanding of what the City’s LDRs say regarding 5G and high-powered antennas versus residential antennas. He would be happy to have that discussion with staff if the City Commission did not want to hear the matter. Ms. LaVerriere will put together a staff report for the Commission. Mayor Grant wanted to add a discussion of annexation and expanding water services. He opposed septic systems. Septic Systems over 40 years being in great working condition made no sense to him, especially with canal high rises. He wanted to know if there was any information they could get from the LWDD and SFWMD about the nutrient and bacterial levels in the canals throughout the City. Vice Mayor Penserga supported more information. It is not an annexation report, it was more of a quality of the City’s canal system working with other agencies. A report will be made in January. A college student sent a report indicating some nutrient and Ibuprofen levels in Boynton Beach are much higher than other areas, which he believes is due to septic systems as they do not remove medications that go through the human body. Medication in water is a problem. It was noted there is a medication drop off box. Staff will bring back further information. Mayor Grant thanked the City Commission for preserving the forest. Commissioner Katz suggested adding staff looking at the cost of Wi-Fi for the Joseph Crowder Dog Park area as it is in other parks and there are about a thousand residential units close to that park. The Wi-Fi would further enhance the park and park activities. Mayor Grant wanted to expand the park and get the cost of Wi-Fi for all the parks. The CRA has the funding. One aspect is to develop the operation and then the maintenance. He wanted to know the cost to place it there and the operator has the monthly fee and maintenance of the equipment. Ms. LaVerriere explained staff was already reviewing the matter. They would like to look at the entire park system and have a plan. It is not only installation but maintenance as well. It would have to be funded by or be a capital project. Staff will make a report. Vice Mayor Penserga asked for continued support to fund the Quantum Eco Park as it will be a jewel in the City. It will be a city-wide ecological educational and experiential park that will set the City apart from others. It could be part of their legacy. Mayor Grant agreed. He asked if they want to find a partner or issue a Request for Proposal. He asked if they wanted to make the park a wildlife sanctuary or other type of animal place where people would come with animals. Mayor Grant was amenable with partnering with someone to get it built and save animals at the same time. Commissioner Katz agreed with Vice Chair Penserga. The City wrestled for control of that park and they need to prioritize funding. He supported whatever mechanism that could be used between the District and the City to launch the park. The initiative would last beyond their terms and he supported Vice Chair Penserga’s views. Commissioners Hay and Romelus agreed. Meeting Minutes City Commission Boynton Beach, Florida November 4, 2020 25 John McNally explained how the public could access the video and audio of this meeting. 14. Adjournment There being no further business to discuss, Mayor Grant adjourned the meeting at 9:23 p.m. 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 November 4, 2020 City Commission Meeting Minutes Attachment “A” Public Comments – November 4, 2020 Commission Meeting Agenda Item No(s). Name Comments E-mail and/or Physical Address Phone No. Date/Time Received Method Received 1. 12.C. (Letter of Intent from Mallorca Isles regarding the Nickels Blvd. Property) Amber Prinkey “Hello, I am writing to ask that the forested area at Nickels Blvd in Boynton Beach remain untouched as countless acres in our area are taken over by builders. This leaves fewer and fewer habitats for our native wildife which are a vital part of our planet. When we remove forests from our feathered, furry, and scaled friends we risk damaging the fragile ecosystem involving food chains which keep humans healthy as well. Foxes and owls catch rats that can carry diseases to humans, raccoons are part of nature's clean up crew as they scavenge for whatever dead and decaying plant and animal matter they can find, and gopher tortoises are a keystone species, helping other animals who seek refuge in their burrows. Please help keep our vibrant wildlife community safe by leaving this site alone. Thank you, Amber Prinkey Boynton Beach resident” amber0rose@yahoo.com None provided. 11/2/2020; 1:15pm E-mail 2. 12.C. (Letter of Intent from Mallorca Isles regarding the Nickels Blvd. Property) BJ Saul “Subject: Please read at the meeting: OPPOSE THE SALE OF 14.7 ACRES FORESTED LAND INTENDED FOR PUBLIC USE TO DEVELOPERS IN BOYNTON BEACH Dear City Manager, I admittedly oppose building home on this protected area. Our ecosystem is an indispensable and valued part of human and animal survival. This area is a natural environmental ecosystem and once destroyed is gone. It is not coming back. I will impact on not only our survival today but in the future for our children and every generation. Many of the animals and plants living in this area are native to Florida and don’t have anywhere else to live and survive. Once the area is mowed down for homes for the sake of big business and financial profit it is forever gone. The plants and animals are gone and on their way toward extinction. There is no excuse for this. Save our forests, save our planet, save our future. The proposed development of 100 new homes would translate to the destruction of approximately 1000 mature trees and the loss of habitat for wildlife and native flora. Currently Florida gray foxes, threatened gopher tortoises, raccoons and many species of birds, including Great-horned owls, are commonly seen on the property. Forested areas with mature trees are the anchors for plant and wildlife biodiversity and provide important carbon sequestration to combat the affects of climate change. Each mature tree absorbs 48 lbs of carbon a year, enough for 4 people to breath fresh air. STOP this destruction!!! Sincerely, BJ Saul Parent and grandparent of kids who enjoy the outdoors and learn from their environment.” bjfsaul@comcast.net None provided. 11/2/2020; 2:44pm E-mail November 4, 2020 City Commission Meeting Minutes Attachment “A” 3. 12.C. (Letter of Intent from Mallorca Isles regarding the Nickels Blvd. Property) Roberta Wesley “To the Mayor and those attending the meeting 11-4-20 Along with residents of this Boynton Beach community I would like to vote for the almost 15 acres of public land to NOT be sold to developers, it has been set aside for the public use and for the community to enjoy. Please consider with sincerity what the neighborhood would like to see happen here. I would also like to say that the plans to plant 1500 or more trees in BB in the near future will be appreciated by all. Thank you, Roberta Wesley” wesley6698@icloud.com None provided. 11/2/2020; 3:55pm E-mail 4. 12.C. (Letter of Intent from Mallorca Isles regarding the Nickels Blvd. Property) Elwood Bracey “Subject: Preserve our forests by rejecting the proposed development. Elwood D. Bracey Former Pres. Audubon Everglades Society, WPB, FL.” edb643@gmail.com None provided. 11/2/2020; 4:07pm E-mail 5. 12.C. (Letter of Intent from Mallorca Isles regarding the Nickels Blvd. Property) Paul Davis “Dear Ms. LaVerriere, I would like to provide comment on Item 12C at the upcoming commission meeting. I urge the city to reconsider selling the Nickels Boulevard property since it is one of the few remaining natural habitats left in the area. I understand the desire to sell the property to meet the city's financial needs but hope the commissioners would consider the local health and environmental benefits of keeping mature forest intact. This is particularly true in view of the other wonderful environmental and sustainability initiatives you have launched in the city. It would seem there are other options that could be considered such as offering the property to Palm Beach County to manage similar to the other natural areas in the city. Thank you for your time, Paul Davis” pwdavis9@gmail.com None provided. 11/2/2020; 4:50pm E-mail 6. 12.C. (Letter of Intent from Mallorca Isles regarding the Nickels Blvd. Property) Faye Kravitz “As a home owner in Boynton Beach, I am imploring you not to sell the 14.7 acres of forested land intended for public use. This land should be preserved as is and not be sold for real estate development. Please do not allow this to happen! Faye M. Kravitz” fkravitz18@gmail.com None provided. 11/3/2020; 1:37pm E-mail 7. 12.C. (Letter of Intent from Mallorca Isles regarding the Nickels Blvd. Property) Lisa Hanley “Mayor Grant and City Commissioners, Agenda Item 12 C There exists an alternative to selling the so-called Nickels property and that is to keep it as an preserve for the citizens of Boynton Beach, as it has been for over 40 years. Please do more than provide lip service to this statement, taken off the City website: "Natural outdoor spaces are essential to a community's health and well-being. Green places give us many benefits including recreation, education, social interaction, therapeutic and spiritual renewal, and more. As Boynton Beach grows and develops, we continue to lisa.hanley@juno.com 175 SW 2nd St Boynton Beach, FL 33435 None provided. 11/3/2020; 3:23pm E-mail November 4, 2020 City Commission Meeting Minutes Attachment “A” conserve open spaces and "green" the places where we live and work. We hope you enjoy exploring our City's natural treasures." Lisa Hanley 175 SW 2nd St Boynton Beach, FL 33435” 8. 12.C. (Letter of Intent from Mallorca Isles regarding the Nickels Blvd. Property) Marc Kramer “Dear City Manager, I’m writing on behalf of preserving the 14.7 forested acres that were bestowed upon Boynton Beach for public use. Please do not sell it off to developers. The property harbors mature trees, wildlife, and is a small oasis of life in an ever-crowded urbanized South Florida. We need to preserve the last green space we have, especially those containing mature woods. Additional development significantly impacts wildlife, water drainage, storm mitigation, and contributes to urban sprawl. Please save this green space for our children and do not sell it off to developers. Sincerely, Marc Kramer, DVM” exoticdvm@mac.com None provided. 11/3/2020; 3:29pm E-mail 9. 12.C. (Letter of Intent from Mallorca Isles regarding the Nickels Blvd. Property) Pamela and Robert Lee “Hello Boynton Beach Commission, My husband and I bought our home on 3592 Ivanhoe Avenue in February 2018. We loved the neighborhood because we like it quiet and we love not having an HOA. We also love well water and being in control of our own land. We bought this house for our retirement home under the assumption that the neighborhood would remain as it was in February 2018. We lived in Boynton Beach in Island Reach Apartments when we moved to Florida in 1996. We bought a house in Delray Beach in 1998 to raise our kids. We decided to down-size and move back to Boynton Beach because we found our forever home on Ivanhoe Avenue. Please share our comments with the City Council members at the meeting on November 4, 2020 since we cannot be there physically. Best regards, Pamela and Robert Lee 561-901-5288” rpl1506@gmail.com 561-901-5288 11/3/2020; 3:18pm and 3:29pm Voicemail and E-mail 10. 12.C. (Letter of Intent from Mallorca Isles regarding the Nickels Blvd. Property) Drew Martin “Dear City Manager, I am strongly opposed to the plan to sell the property that currently has native forest on it near the Boynton Beach Mall. I am representing the Loxahatchee Group of the Sierra Club. dmandch@aol.com 561-533-6814 11/3/2020; 5:13pm E-mail November 4, 2020 City Commission Meeting Minutes Attachment “A” May I speak in person if I wear a mask at the commission meeting. I will not see email tomorrow. Can you call me and let me know. Regards, Drew Martin 561-533-6814” 11. 12.C. (Letter of Intent from Mallorca Isles regarding the Nickels Blvd. Property) Helen and Dean Jordan “Hello, I am sending this is regards to saving or last patch of forest in this area. I have been living here on Ruskin Ave for 25 years and have watched as all the property around us has been built up and it is sad that the county and City has let this happen. There are Gopher Tortoise that I have been watching since I have been living here and this would be awful to kill all the Turtles and other animals that live in that little patch of woods. they will have no where else to move to. There is little Red foxes, Gopher Tortoise, racoons, Owls and other wild life that live there and that bit of land was giving to the county to be a preserve and they really had no right to trade it to Boynton. We went through this a few years ago so we are aware of the agreement. Also back in this are can't handle the traffic building all those homes will create. It takes long enough now to get out on to Old Boynton off of Nickel Blvd. I think there is enough apartments and homes built and being built in Boynton that are sitting empty that there is no need to build a bunch of homes on the last bit of forest in this area. I also know they are planning on building more homes at the Mall area. This area is a county pocket and we want to say under the county. We don't Want the City of Boynton's high taxes and rules and the cost of changing us over to city water and sewer You sent out the form last year for this and we all refused. so how dare you try to bargain with us to save the forest just to pad your pockets. When election time comes I think people should band together to get rid of the Mayor Grant Since he only seems to have his best interest at heart. Thank you, Helen and Dean Jordan.” bahamabrat@aol.com None provided. 11/4/2020; 10:29am E-mail 12. 12.C. (Letter of Intent from Mallorca Isles regarding the Nickels Blvd. Property) Kristi Fox “Please oppose the sale of 14.7 forested acres that was previously given to Boynton Beach by Palm Beach County in 1961 for public use. The proposed development of 100 new homes would translate to the destruction of approximately 1000 mature trees and the loss of habitat for wildlife and native flora. Currently Florida gray foxes, threatened gopher Kristi_Fox@yahoo.com None provided. 11/4/2020; 11:25am E-mail November 4, 2020 City Commission Meeting Minutes Attachment “A” tortoises, raccoons and many species of birds, including Great-horned owls, are commonly seen on the property. Forested areas with mature trees are the anchors for plant and wildlife biodiversity and provide important carbon sequestration to combat the affects of climate change. All additional development in Boynton Beach significantly impacts wildlife, water drainage, storm mitigation and contributes to the problem of urban sprawl in what little open green space remains in the city. Thank you for your consideration. Sincerely, Kristi Fox” 13. Not on the agenda. Michael Fitzpatrick “Subject: Legal 12 B. R20-087” The City Commission should rescind R20-087 because 1) if they must sell it, Pulte's bid leaves $1.5 million on the table. 2) But they should not sell it because the land was given for a public purpose. Building houses is not a public purpose. The City Commission should set up a citizen committee to develop a recommendation to manage the orphan lands around the City. And fire Colin Grof. He said he was going to retire 18 months ago. Why is he still here trying to pave over the City?” fitzpatrickm1971@gmail.com None provided. 11/4/2020; 11:59am E-mail