Minutes 12-15-20 Minutes of the City Commission Meeting
Held Online Via the GoToWebinar Platform
Boynton Beach, Florida
On Tuesday, December 15, 2020, at 5:30 P.M.
Present:
Steven B. Grant, Mayor Lori LaVerriere, City Manager
Ty Penserga, Vice Mayor James Cherof, City Attorney
Woodrow L. Hay, Commissioner Crystal Gibson, City Clerk
Christina Romelus, Commissioner
Absent:
Justin Katz, Commissioner
1. Openings
A. Call to Order
Mayor Grant called the meeting to order at 5:30 p.m.
Yury Konnikov, ITS Support Manager, explained how the online meeting would
proceed and how the public could participate.
Invocation
The Invocation was given by Pastor Chuck Brannon of Gateway Community Church.
Pledge of Allegiance
Mayor Grant led the Pledge of Allegiance to the Flag.
Roll Call
City Clerk Gibson called the roll. Commissioner Katz was absent. A quorum was present.
Agenda Approval:
1 . Additions, Deletions, Corrections
Vice Mayor Penserga requested to add under New Business, a discussion on the amicus
brief being put forward by Miami on the ban of gay conversion therapy.
Mayor Grant requested to add two announcements under New Business: 1. Food
distribution this Thursday and 2. Mobile Covid testing within the City.
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Boynton Beach, FL December 15, 2020
City Manager Lori LaVerriere, requested to add an item under New Business:
Commission to authorize the City Manager to sign a release regarding an environmental
study for the Palm County Housing Authority parcels that are to be disposed of. There were
no objections.
2. Adoption
Motion
Mayor Grant 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
Mayor Grant announced that on December 3rd, he participated in a video for fund raising
to help fund the educational aspect of the new downtown. December 4th, he attended a
roundtable with Congresswoman Louis Frankel regarding vaccine distribution. That
evening he attended the firefighters' Holiday drive thru. December 7th, he attended a Pearl
Harbor event at the Tom Kaiser Memorial Park. December 9th, he attended the Public
Works luncheon. December 15th, he traveled with the Chevy DTV Foundation to go to
Community Partners. Community Partners' mission is to end the Wi-Fi divide with senior
citizens.
3. Announcements, Community and Special Events and Presentations
A. Christine Thrower, District IV Director of the Florida City and County
Management Association (FCCMA) will present a Certificate of
Recognition to the City of Boynton Beach celebrating the 60th
anniversary of the City's recognition as a Council-Manager form of
government by the International City Management Association (ICMA).
Ms. Thrower is also the Village Manager for the Village of Golf.
Ms. Thrower-Skinner presented the Certificate of Recognition to City of Boynton
Beach for 60 years of Council-Manager form of government. Ms. Thrower-Skinner
congratulated Lori LaVerriere on being the Manager of such a wonderful city.
Mayor Grant inquired about the Village of Golf's project on Woolbright and Military
and when will it be discussed. Ms. Thrower-Skinner responded that he is referring to
the proposed site for an Amazon micro distribution center. She stated that Amazon
has not come back to the Village of Golf after the request of public engagement with
the surrounding communities. Ms. Thrower-Skinner is expecting to hear back from
them in the near future; she doesn't have an exact date. Mayor Grant thanked her for
the information.
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Mayor Grant recognized the former Mayor of Briny Breezes was present and thanked
the surrounding cities for their support.
B. Announcement by Kacy Young, Recreation & Parks Department
Director, regarding the Oceanfront Bark special event at Oceanfront Park
on Saturday, December 19th from 9am to Noon.
Kacy Young, Director of Recreation & Parks, announced Oceanfront Bark will take place
on Saturday, December 19th from 9 a.m. to 12 p.m. at Oceanfront Park. Oceanfront Bark
is a dog friendly event that allows properly licensed, well behaved dogs, and owners at the
City beach in a designated area. This is the second of four scheduled events. The
remaining dates are January 16th and February 20th. For more information visit the website
wemakelifefun.com or call 561-742-6243.
C. Joe Paterniti, Utility Director, will make the announcement that the City of
Boynton Beach Water Utility will be temporarily changing its water
treatment disinfection process to free chlorination beginning January 12,
2021 through February 1, 2021.
Joe Paterniti, Utility Director, announced changes in the disinfection process to utilize
free chlorine for the distribution system starting January 12, 2021 through February 1,
2021, twenty-one days. This process happens annually and the customers may smell
chlorine odor in their water. Mr. Paterniti recommended to alleviate the odor to leave
the water in an open container on the counter or in the refrigerator for a few minutes.
Recommendations were made for customers who have special equipment such as
dialysis or tropical fish aquariums, businesses who have holding tanks for shellfish to
contact water professionals on how to remove residual chlorine from the water.
Notification of this process was sent out with the utility bills, letters were sent to
businesses in the City and a public notice will be published in the newspaper. Anyone
with questions, please call our Water Quality division at 561-742-6964.
Vice Mayor Penserga asked if there was a particular reason why the City is doing this
now. Mr. Paterniti responded that the City is mirroring Palm Beach County. The
County is starting their process on the 11th so the City will be starting on the 12tH
Commissioner Hay asked Mr. Paterniti to recommend an amount of time to relieve the
odor in water. Mr. Paterniti recommended placing water in an open container and
allow it to sit on the countertop or in the refrigerator for a few minutes.
D. Announce Boynton's Finance Department earned an award from the
Government Finance Officer's Association (GFOA) for Excellence in
Financial Reporting for their 2019 Comprehensive Annual Financial
Report.
Mara Frederiksen, Director of Financial Services, announced the City of Boynton Beach
has received a certificate of achievement for excellence in financial reporting from the
Government Finance Officer's Association for a second consecutive year for the City's
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2019 Financial Statement. This award is one of the highest recognitions a city can receive
in form of government accounting and financial reporting. It signifies the City's and
Management's commitment to adherence to best practices, timeliness and commitment to
excellence. Over four thousand municipalities apply for this recognition annually. Three
hundred and eighty-two municipalities in the state of Florida were awarded this
achievement for 2019. In 2019, the City implemented a new investment policy and
diversified investments creating interest earned just over $2 million dollars. The City
maintained a good bond rating of AA3. The City grew the general fund balance from $16
million to $17 million and grew the utility fund reserve from $44 million to $46 million dollars.
Mayor Grant and Commissioner Hay thanked Ms. Fredericksen and her team.
E. Announce plans for MLK Event in January 2021
Eleanor Krusell, Public Communications and Marketing Director, presented an
update on the first meeting regarding the 2021 Reverend Dr. Martin Luther King, Jr.
celebration. The committee meeting was held on Thursday, December 10th
Suggestions and discussion centered around the focus areas of history and education.
Ideas included reading books related to MLK, sharing a list of library books relating to
MLK, posting photos of history relating to MLK and hosting a youth essay contest
through our local schools. A committee member suggested that August 18th be
considered for an I Have a Dream Unity event at Sara Simms Park where children can
read their essays, poems and participate in other activities. The staff will develop a
brief survey and the committee will vote on the top three choices. Ms. Krusell
encouraged anyone who is interested in serving on the committee email
marketing@bbfl.us. There will be six more meetings before the event and they
welcome the community involvement. Mayor Grant asked will the MLK committee be
recognizing any local businesses, persons or associations. It was done last year and
he would like to keep this as a tradition. Ms. Krusell noted his suggestion and she will
add it to Thursday night's agenda.
F. Announcement by Eleanor Krusell, Public Communications and Marketing
Director, regarding Light-Up Downtown Boynton.
Eleanor Krusell, Public Communications and Marketing Director, gave a recap of the
event on December 1st. Light-Up Downtown Boynton began December 1st with the
activation of 43,000 LED lights, 400 C-9 bulbs and 100 lights spheres. The lights were
placed on four of the City's oldest trees in the downtown area and on 18 light poles.
Up lighting has been scheduled to celebrate the three holidays in December.
Currently the up lighting is blue and white for Hanukkah, red and green will occur
next for Christmas and then black, red and green for Kwanzaa. In addition, a
Menorah and Kenora lighted displays were placed in front of the Culture Center. The
Juniper tree will be decorated with old photos to celebrate the City's centennial. Snap
and share promotion was launched; snap a photo in front of one of the lit trees or
displays, tag the City on your Facebook, Twitter or Instagram pages
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#downtownboynton. Four lucky participants will be selected and receive a $25-dollar
gift certificate for a restaurant in Downtown Boynton.
Season Greetings post card debuted on December 7, 2020, and was distributed in front of
City Hall during lunch. The post card depicts Boynton Beach amenities and included a
new website discoverboynton.com to assist with our tourism effort. 1,350 cards have been
distributed and the public is more than welcome to stop by City Hall and pick up a post
card at our Information Desk in the lobby to send to a family member or friend.
City Manager LaVerriere, suggested that Ms. Krusell talk about the Postmaster. Ms.
Krusell explained that the indicia has to be applied for a year in advance and the
Postmaster has to approve the design. The Postmaster stamps the 100-year old indicia
on location by hand. We received hundreds of requests from around the world asking that
we send them a letter or a postcard with the 100-year indicia.
Vice Mayor Penserga thanked Ms. Krusell and her entire team for the work they do. He
asked if the up-lighting lights were around the City Hall building. Ms. Krusell responded
that the up lighting is around City Hall, the Children's Museum and the Culture Center as
well as up lighting under the trees.
Mayor Grant announced that Feeding South Florida will be doing a food distribution at the
Ezell Hester Center December 17th from 8 a.m. to 11 a.m. and on Saturday, December
19th, Christ Fellowship will be doing their last mega distribution from 8 a.m. to 11 a.m.
City Manager LaVerriere announced that the Mobile Covid testing unit will be at the Senior
Center on December 21st from 9 a.m. to 4 p.m. and December 28th from 9 a.m. to 4 p.m.
at the Ezell Hester Center. Identification is required, no appointment is necessary and it is
not a drive through event. You will walk up, fill out paperwork and then be tested. It is
anticipated that the City will be doing this throughout January and February as long as the
mobile unit is available.
4. Public Audience
Individual Speakers Will Be Limited To 3 Minute Presentations(at the discretion of the Chair,
this 3 minute allowance may need to be adjusted depending on the level of business coming
before the City Commission)
Kim Kelly, 529 East. Ocean Avenue, commented on Light Up Downtown. She would like
for the City to keep the lights up on a year-round basis. Downtown Business Coalition
(DBC) numbers are growing and people are joining every day. Ms. Kelley would like to
discuss Tim Collins, the owner of Fish Depot Bar and Grill and the Fish Depot Fish Market
where he employees over 30 people combined. His current location is not in good shape
and the renovations would be astronomical. Mr. Collins submitted a proposal for the
property at 1101 &1102 Federal Hwy. property. The proposal of the property was awarded
to a broadcasting company and survey company. Ms. Kelley asked the Commission to
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relook at the project.
Susan Oyer, 140 SE 27th Way, thanked Mayor Grant for judging the holiday house
decorating contest. Thanked Ms. Krusell for Light Up Downtown and her dedicated work
to make sure the lights are on and working properly. Ms. Oyer also noted, that she believes
that the Artist doesn't want the artwork lit up and that Ms. Krusell should look into it before
doing so.
Tim Collins, owner of Fish Depot, asked the Commission to revisit the decision made by
the CRA last week for property at 1101 and 1102 Federal Highway.
Jack Weir, Housing Leadership Council of Palm Beach County, encouraged workforce
housing to be integrated into the downtown development.
5. Administrative
A. Appoint eligible members of the community to serve in vacant positions on
City advisory boards.
Mayor Grant noted that the appointment to the Education and Youth Advisory Board was
to be made by Commissioner Katz and he was absent. He asked who would be next to
make the appointment. City Clerk Gibson responded it would be Commissioner Hay.
Motion
Commissioner Hay motioned to table the appointment. Vice Mayor Penserga second the
motion. The motion unanimously passed.
B. Approve the request of Mayor Grant to distribute $200.00 of his
Community Support Funds to Freedom Shores Elementary.
Motion
Vice Mayor Penserga motioned to approve. Commissioner Hay seconded the motion. The
motion unanimously passed.
Mayor Grant explained that he received a letter from a student at Freedom Shores
Elementary School asking for the City to save the iguanas and pythons and return them
to their native countries such as South America and East Asia. The Mayor explained to
the student the difference between native and invasive species. That Florida Wildlife
Conservation and Commission is not in favor saving these types of animals. Freedom
Shores Elementary will be planting native plants to help support native wildlife in the City
of Boynton Beach. The hope is to implement this through other schools throughout the
City.
Michael Sabatino from Freedom Shores Elementary School discussed the plan of
developing a garden at the school. Mr. Sabatino thanked Mayor Grant for his support.
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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. Proposed Resolution No. R20-135-Approve award and authorize the City
Manager to sign the Contract for Landscape Maintenance Services for Lots
&Alleyways, in response to Bid No.:034-2730-20/RW to the low responsive
& responsible bidder L.V. Superior Landscaping, Inc.
The total contract price includes the annual bid amount of$56,160.00 plus
an allowance for potential additional services of $5,000 annually for an
estimated annual amount of $61,160 for a period of three (3) years, with
an option to renew for two (2) one-year terms for a total $305,800.00
estimated amount over the total potential term of the contract, shall be the
total amount of payment to Vendor for services provided under this contract
for the entire term of the contract.
Mayor Grant pulled this item.
Mayor Grant wanted to make sure the vendor does not runover the trash with the
equipment and is being picked up head of time and disposed of properly.
Mayor Grant requested that at the next Business Over Coffee, we have someone from
procurement to review how to become a City vendor.
Motion
Commissioner Hay moved to approve. Vice May Penserga seconded the motion. The
motion unanimously passed.
Commissioner Romelus clarified that the Mayor only made a statement and did not make
any changes to the item. Mayor Grant responded that is correct.
Mayor Grant requested that there be a presentation on how to become a City vendor.
Vice Mayor Penserga, agreed with the mayor that a presentation needs to be done.
B. Proposed Resolution No. R20-136- Approve and authorize City Manager
to sign Agreement between United Behavioral Health ("Optum") to provide
Employee Assistance Program (EAP) services at the rate of $15.00 per
employee, per year (estimated annualized cost of $12,750) from January 1,
2021 through December 31, 2021, with one additional one year renewal option.
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C. Proposed Resolution No. R20-137- Authorize the City Manager to sign
Omnia Maintenance Agreement with Thyssen-Krupp Elevator Corporation
of Kennesaw, GA for annual elevator inspections and service/repairs in
various City facilities utilizing the National Intergovernmental Purchasing
Alliance contract R150801 for an estimated monthly amount of $1,930.25.
National Intergovernmental Purchasing Alliance procurement process
satisfies the City's competitive bid requirements.
D. Proposed Resolution No. R20-138- Approve award and authorize the
City Manager to sign contract 005-1410-21/RW with Central Square for a
total amount of$50,040.00 in accordance with Quote Number Q-07140 for
Consulting & Project Management Services.
Mayor Grant pulled this item.
Mayor Grant, explained that the technology of this product allows the City to better serve
the citizens of the City.
Motion
Commissioner Romelus motioned to approve. Vice Mayor Penserga seconded the
motion. The motion unanimously passed.
E. Accept the Fiscal Year 2019-2020 Budget Status Report of the
General Fund and the Utilities Fund for the twelve (12) month period
ended September 30, 2020, unaudited.
F. Approve Task Order R13-063-13 with Jacobs Engineering for
professional hydrogeological services in support of the permitting of the
Class 1 Injection Well at the West Water Treatment Plant (WWTP).
Commission approved the extension of solicitation 023-2821-18/IT with
Jacobs Engineering on September 15, 2020 for an additional year
through September 9, 2021. The total cost is $44,098.00 plus $10,000 for
the permit fee.
G. Proposed Resolution No. R20-139- Approve and authorize the Mayor to
sign the Certificate Regarding Substantial Completion and Final
Acceptance for Fire Station #1 constructed as part of the Town Square
Project.
H. Proposed Resolution No. R20-140- Approve and authorize the Mayor to
sign the Certificate Regarding Substantial Completion and Final
Acceptance for City Hall/Library projects and the Notice of Completion
for the City Hall/Library projects constructed as part of the Town Square
Project.
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Proposed Resolution No. R20-141- Approve and authorize the Mayor to
sign the Certificate Regarding Substantial Completion and Final
Acceptance for the Police Station and the Notice of Completion for the
Police Station constructed as part of the Town Square Project.
Colin Groff, Assistant City Manager, stated that the presentation was not complete, it will
be completed in January and went on to say that these are the documents that state the
City has accepted or is occupying the buildings and that the City needs the certifications
for our funding partner.
Motion
Vice Mayor Penserga motioned to approve. Commissioner Romelus seconded the
motion. The motion unanimously passed.
I. Proposed Resolution No. R20-142 - Amend the FY 2019-2020
budget, which will adjust budgeted appropriations and revenue sources
and provide spending authority for Department or Fund Operating and
Capital Budget.
J. Accept the written report to the Commission for purchases over
$10,000 for the month of November, 2020.
K. Approve minutes from the City Commission meeting on November 17,
2020.
Motion
Vice Mayor Penserga motioned to approve remaining items. Commissioner Romelus
seconded the motion. The motion unanimously passed.
7. Consent Bids And Purchases Over$100,000
A. Proposed Resolution No. R20-143-Approve award and authorize the City
Manager to sign the contract for Landscape Maintenance Services for
Park Sites, excluding Kapok, Joseph Crowder, & Town Square Parks, in
response to Bid No.:031-2730-20/RW to the low responsive & responsible
bidder Blue Marlin Investments, Inc. dba Cayco Landscaping in the
amount of $122,661 plus an annual allowance for potential additional
services of $5,000 for an estimated amount of $127,661 annually.
The total contract price includes the annual bid amount of $122,661.00
plus an allowance for potential additional services of $5,000 annually for
an estimated annual amount of $127,661 for a period of three (3) years,
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with an option to renew for two (2) one-year terms for a total
$638,305.00 estimated amount over the total potential term of the
contract.
B. Proposed Resolution No. R20-144-Approve Award and authorize the City
Manager to sign the Contract for Landscape Maintenance Services for
Facility Sites, in response to Bid No.:032- 2730-20/RW to the low
responsive & responsible bidder Blue Marlin Investments, Inc. dba Cayco
Landscaping in the amount of$143,944 for Basic Maintenance only, plus
an allowance for potential additional services of $5,000 for an estimated
amount of $148,944 annually. The total contract price includes the annual
bid amount of $143,944.00 plus an allowance for potential additional
services of $5,000 annually for an estimated annual amount of
$148,944.00 for a period of three (3) years, with an option to renew for
two (2) one-year terms for a total $744,720.00 estimated amount over the
total potential term of the agreement, shall be the total amount of payment
to Vendor for services provided under this contract for the entire term of
the contract.
C. Proposed Resolution No. R20-145-Approve the award and authorize the
City Manager to sign the Contract for Landscape Maintenance Services
for MEDIANS AND RIGHT-OF- WAYS/ROWs, in response to Bid
No.:033-2730-20/RW to the low responsive & responsible bidder Batallan
Enterprises, Inc. dba Property Works. The total contract price includes
the annual bid amount of $403,147.92 plus an allowance for potential
additional services of $5,000 annually for an estimated annual amount of
$408,147.92 for a period of three (3) years, with an option to renew for
two (2) one-year terms for a total $2,040,739.60 estimated amount over
the total potential term of the contract, shall be the total amount of
payment to Vendor for services provided under this contract for the entire
term of the contract.
Motion
Commissioner Hay motioned to approve Items A-C on Consent Agenda Bids and
Purchases over $100,000. Vice Mayor Penserga seconded the motion. The motion
unanimously passed.
D. Proposed Resolution No. R20-146-Approve and authorize the Mayor to sign
an extension of a consultant agreement with Florida Caribbean
Architecture, Inc. (FCA) in the amount of $101,250 for project
management and professional architectural services for the new Public
Works Facility to be located at the City's Rolling Green complex at 515
NW 14th Court, and the renovation and improvements to the existing
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building and site for the new Utility Water Quality Laboratory project to
be located at the former Fire Rescue Station # 2 site at 2201 S. Congress
Ave., Boynton Beach, Florida.
Mayor Grant pulled this item.
Mayor Grant, noted that he was excited about the upgrade of the public works facility at
the Rolling Green site. There is discussion with the South Florida Water Management
District to create a paved road into the site, without going through the residential
neighborhood. Mayor Grant also noted that the property located at 2201 S. Congress
Avenue would be a good spot for a commercial business. However, the City does need a
new utility water quality laboratory.
Motion
Vice Mayor Penserga motioned 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. 20-043 - Second Reading- Request for
abandonment of a portion of the SW 6th Street right-of-way consisting of a
portion of the unimproved swale abutting the east lot line of the subject property
located at 704 SW 25th Avenue(ABAN 20-010). (Tabled from the December 1,
2020 City Commission Meeting. The applicant is requesting the item to be
tabled to the January 19, 2021 City Commission Meeting.)
Motion
Commissioner Hay motioned to table the item. Vice Mayor Penserga seconded the
motion. The motion unanimously passed.
9. City Manager's Report
A. Police Chief Gregory will give a presentation on traffic safety and issues
surrounding driving off road vehicles on public streets.
Chief Gregory gave a presentation on traffic safety and issues surrounding
driving off road vehicles on public streets.
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Mayor Grant asked Chief Gregory, is the attempt to flee from an officer a
misdemeanor or a felony? Chief Gregory responded that it could be a felony or a
misdemeanor depending on the circumstances. Pursuit is limited to violent
felons. Mayor Grant suggested that we help educate the riders. Chief Gregory
also suggested educating the people who are selling the ATVs and dirt bikes.
Sellers should also supply the state laws of owning and riding an ATV or a dirt
bike. Mayor Grant asked if the dirt bikes have serial numbers or registry so that
we know who owns the dirt bike in case one is stolen. Chief Gregory responded
they do have serial numbers yet unless they register bikes, we are not going to
know who they belong to.
Commissioner Hay, asked if the recent fatal crash was due to hot-dogging down
the road. Chief stated the recent fatality was because an ATV and dirt bike collided
into each other. Commissioner Hay also wanted to know if additional fines are
added to the original fine of being pulled over. Chief Gregory stated that it is a
state statute violation and depending on the circumstances it maybe a warning,
such as the rider being close to home and show remorse for riding on the streets,
someone popping wheelies down Congress at 2 a.m. that maybe a different
circumstance. Commissioner Hay asked if other cities are having these
challenges with ATVs and dirt bikes and Chief Gregory stated yes. These large
riding groups are bouncing from city to city. They will congregate to the cities with
the least resistance. Commissioner Hay asked if speed bumps are a deterrent.
Chief responded no, the riders will actually use the larger speeds to launch the
bikes into the air.
Vice Mayor Penserga asked, are these planned events? If so is there a way to
increase police presence on those known dates, as it might keep them from
coming to Boynton? Chief Gregory responded we have been doing that when we
know of a planned event well in advance. We have been able to work with the mall
when events are planned. Most events are impromptu pop up bike riding activity.
We have found a couple on social media after the fact. Where they have planned
to ride through all the cities and while they are in each one to do some sort of antic.
Vice Mayor inquired are LTRs helpful? Chief Gregory responded since they do
not have license plates it is not particularly helpful, yet what is helpful is the camera
footage. Using our body cameras and video surveillance cameras around the City
to record the operators while they are doing their antics or putting on their shows.
We try to get identifiable images of the riders as well as the vehicle and after the
fact conducting an investigation trying to figure who the person is through social
media or methods. Then issue them a citation.
Commissioner Hay asked if there is a noise ordinance we can enforce. The police
can be called yet by the time the police arrive the riders are gone. Chief Gregory
responded that once we get more cameras up around the City, we will have more
coverage and will be able to respond faster to where the riders came from. Again,
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a lot of the riders are locals and we can spot their bikes in their driveways or yards,
we can use the images to match up the bike with the picture from that night and
issue citations.
Susan Oyer, commented on ATVing and dirt bike riding within the Seacrest Scrub.
The riders are damaging the scrub, scaring the animals and disturbing the tortoise
that are protected. Is there something more that the police can do when they are
in Seacrest Scrub? It seems this would be a way to add additional charges.
Chief Gregory responded if they are on City land and/or on private property, that
is trespassing. Certainly, notifying us we can respond out there and they are
refusing to leave property then they certainly can be charged with trespassing,
which is a criminal charge versus the traffic civil infraction. Ms. Oyer stated that
when she has called the police department in the past, whoever answers doesn't
take this seriously. Is that something that the police department needs to be
looking at? Chief Gregory responded if they are on City property and/or private
property where someone wants to press charges we will respond to that and will
cite them if they refuse to leave the property. If they are harming the wildlife and/or
the turtles, that can be a separate environmental crime and there can be enhanced
penalties for that. There are all kinds of extra environmental laws protecting certain
types of turtles and wildlife that come with additional penalties. Ms. Oyer suggested
placing cameras in that area.
Commissioner Hay inquired about the trails around Sara Simms and that go
through Barton Cemetery. Is it a violation for the ATVs to ride the small trail?
Commissioner Hay said he has received complaints that people have almost been
hit by the ATVs that ride that trail. Chief Gregory responded yes it would be a
violation. The walking area is actually divided between the City and the Water
Management District property who prohibits the riding and he will check to see if
they have a trespassing affidavit in place with the Water Management District to
make sure it is enforced on their property as well.
Ramona Young, 101 S Federal Highway, said she believed she heard Chief
Gregory say that the ATVs are not licensed or have license plates and that they
are not illegal. Ms. Young suggested supervised events rather than condemn them
and make them criminals.
Mayor Grant thanked Ms. Young for her comments and explained that the problem
is that these vehicles do not require a driver's license or insurance to buy and the
issue with these vehicles is that they are not meant for the road at all, ATVs
specifically. Trying to find a place for them to ride in the City, the only possible
place is our Eco Park. A problem with these vehicles is that they don't enhance
the environment. It may be something the City wants to consider. However, it
would still be illegal for these vehicles to go over on the roads. A trailer is still
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needed to get to their destination. There is no place in the City that allows ATVs
and dirt bikes. As the Chief mentioned it is not a criminal offense but it is a violation.
As the City Commission do we want to make this a criminal offense so that the
people know that is not allowed in the City. Do we want to request that from the
State legislature or do we want to continue what we are doing in trying to educate
people of the state uses and times for this which is not in the City of Boynton
Beach? There are not too many options available for what is allowed. We are not
trying to tell people that they can't do this ever, we are just saying in order to do
this you can't do it here. For example, it would be like someone hitting a golf ball
and not knowing where the ball is going it's not illegal to do that but there are
certain things that can happen. This year we saw multiple incidents where bad
things have happened because people weren't following the rules. Should we look
into having our Recreation and Parks department find a place in Palm Beach
County for people to go ATVing and set up a City event around that? It is a
possibility. The Mayor asked Ms. Young, if she was interested in learning of the
City's Parks and Recreation department finding acceptable ways to ride dirt bikes
and ATVs outside of the City limits. Ms. Young responded yes. The Mayor agreed
with that and it will be put on the future agenda to see what can be done to give
people opportunity to use ATVs and dirt bikes in Palm Beach County.
Chief Gregory, responded to clarify for the record that a driver's license is required for the
dirt bike. A dirt bike without all the accessories like headlights, taillights, brake lights, turn
signals, side mirrors, as well as the ATV are illegal from a traffic citation perspective to
operate on the roadway. You can only move the them around via a trailer. They are not
criminal violations, they are traffic citations, like running a red light or a stop sign. Unless
they are caught on city property or private property then it will be a trespassing violation if
they refuse to leave which would be criminal. If they are pulled over far from their
residence, they would have to have the bike or ATV towed to where it was going to next
because they certainly could not continue to drive it. Mayor Grant asked, because this is
a traffic infraction it's not a crime so forfeiture does not apply? Chief Gregory responded
yes.
Alexandria Wilson, 240 NW 2nd Ct, thanked Chief Gregory for his very educational
presentation. Asked the city to look into opening a facility for ATVs and dirt bikes because
the people are not stopping no matter how many laws are created for these bikes. Ms.
Wilson feels something has to be done because it is not safe. Mayor Grant thanked Ms.
Wilson and suggested again that the Recreation and Parks department look into an
existing facility as the City does not have the property needed to create such a facility that
is not environmentally protected. Ms. Young agreed with the Mayor, yet she expressed
concern that there are three cities involved with this issue. She said this is disturbing
people's normal lives. Ms. Young asked the Mayor if he is willing to discuss this issue with
Delray and the City of Palm Beach asking if they have any locations where they can house
this type of facility. Mayor Grant said he thinks that is a wonderful idea and it would be a
great aspect for tourism and believes in the discussion to elevate the problem of illegally
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having recreation vehicles on our roads. Vice Mayor Penserga commented this topic is
prime for the League of Cities and there needs to be coordination on this. Vice Mayor
Penserga offered to bring topic forward to the League of Cities.
B. Discuss recommendations provided by the Recreation & Parks Advisory
Board for naming city facilities in the Town Square Project in downtown
Boynton Beach.
Kacy Young, Recreation and Parks Director, thanked the Commission for the opportunity
to provide an update from the Recreation and Parks Advisory Board meeting held on
December 7th. During this meeting, the naming of City facilities in Town Square was
discussed. Ordinance 06-078 provides guidelines for naming any City facility. This
ordinance requires recommended names to be discussed during a public meeting and
reviewed by a five-person panel. The Recreation and Parks Advisory Board was selected
as the panel. During the December 7th meeting, names for the following sites the open
space park area by the new amphitheater, the open space west of the High School Building
where the historic kapok tree sits and the renovated Old High School building were
discussed. The following was recommended: Centennial Park for the open space by the
amphitheater, Kapok Park for the open space playground, Boynton Beach Arts and Culture
Center for the renovated historic high school which will now be utilized for arts and cultural
programs. The Advisory Board agreed that all names were appropriate in describing all
three facilities with no additional names to provide to the Commission tonight. There is an
active naming rights campaign underway. Should the City receive funds for any of the
facilities included in the campaign, the City will rename the facility accordingly. Mayor Grant
stated that Boynton Beach Arts and Culture Center is a long name for a building and asked
if a nickname has been considered. Mr. Young responded not at this time.
Motion
Vice Mayor Penserga motioned to approve. Commissioner Romelus seconded the motion
with a request for discussion.
Commissioner Romelus said she feels that a new name or a shorter name can be
entertained for the Boynton Beach Arts and Culture Center facility.
Mayor Grant pointed out the issue is that the Schoolhouse Children's Museum is the
Boynton Beach Culture Center, Inc. is their non-profit entity so the City cannot use that
name. The Recreation and Parks Board suggested the Arts and Culture Center because
of pottery and other types of art that is available. There will also be a gallery in the lobby
area. The Mayor suggested calling it the "A and C" as a nickname. City Manager
LaVerriere stated she often hears the staff default to the Culture Center as a shorter name.
The Arts and Cultural Center is a common name amongst many facilities. Mayor Grant
commented because it has been called the old high school for such a long time, there is
going to be multiple names for the building, unless someone spends money to have their
name put on it. Julie Mondello, Parks and Recreation Board Chair, explained that the
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Board had discussed all three names and they approved all three names. Boynton Beach
Arts and Culture Center is definitely a long name. Ms. Mondello suggested the use BBACC
in parentheses after the name, which is still a lot of letters or even ACC. Ms. Mondello
hopes for sponsorship to name the old high school. Mayor Grant thanked Ms. Mondello for
her comments. Commissioner Hay commented that he doesn't have a problem with the
name and asked why does this have to be decided on tonight. Will the discussion be open
up to other suggestions? Mayor Grant commented to his knowledge, the Parks and
Recreation Board did have the open to the public discussion available and they are making
the recommendation to the Commission as this. The reason why is it imperative to be
moving forward is because marketing material is being created. The Funfare Magazine
needs the title of the building where all the activities are happening.
Susan Oyer stated that she was not aware of this and if she was, she would have gone to
the Parks and Recreation Board meeting. She thought civic center was the perfect name
and personally thinks that if we are not going to call it the historic high school, then let's
call it the civic center which is an appropriate name for what it is and it is nice and short.
Mayor Grant commented that the temporary name was the civic center on which the
Commission did agree, however, that the Commission can still agree on it and would need
an amended motion.
Motion
Mayor Grant motioned to accept the recommendation as stated by the Parks and
Recreation Board. The motion unanimously passed.
10. Unfinished Business - None
11. New Business
A. JKM Developers have provided their monthly update to the City
Commission on the Town Square Project. See attached.
Mayor Grant stated that he received information from a third-party developer regarding
the central parcel, to have negotiations with JKM Developers. Mayor Grant believes
the current motion and directive of the staff is that we are not to negotiate with JKM
Developers in regards to anything but the completion of the contract as stated or a
dismantling of the contract. This prevents a third-party developer from working with
JKM Developers and having them sell the property to someone else to help expedite
any sort of parking garage. Attorney Cherof explained the recommendation is that
the Commission defer any action with respect to the project until such time as JKM
files its response of pleading to the judgement lawsuit that we filed and their response
is due on or before December 31st. Perhaps the first or second meeting in January
the Commission will be in position to discuss further or even have a closed-door
session to discuss litigation and the options. Vice Mayor Penserga supports the
recommendation on waiting a few months to get some clarity first before we begin on
this route. Commission Hay agreed. Mayor Grant disagreed because the longer we
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wait the longer the garage is not being moved forward. Commissioner Hay stated that
this has been a project or event that has been off track for a long time. Wants to be
sure as we move along that we are moving in the right direction. Based on the
recommendation of the City Attorney a few more weeks to address this in January
would be adequate. He feels that moving right now would just complicate things.
Mayor Grant agreed with Commissioner Hay. Mayor Grant asked Attorney Cherof if
it was ok for the rest of the Commission to see the letter. Attorney Cherof responded
yes.
B. Amicus brief
Vice Mayor Penserga said he wanted to inform the Commission of what the State views
happening in regards to the ban on gay conversion therapy.
Mayor Grant commented that the City of Boynton Beach does have an ordinance on the
ban on gay conversion therapy. He is in favor of moving forward and to support the amicus
brief. Vice Mayor Penserga said he understands that we have that ban. Palm Beach
County has the ban; about a panel of three judges from the Eleventh Circuit have shot the
ban down. The City of Miami has since filed for hearing not for just the three judges but for
all twelve judges of the Eleventh Circuit. The request is for this Commission to please join
into the amicus brief to show the support that we are not in favor of gay conversion therapy
in the City. He said it is something that has been denounced by the American Psychiatric
Association, it does not work, it is a form of torture and it is contributing to the rise in suicide
rates.
Motion
Vice Mayor Penserga moved to direct the City Attorney to join in the amicus brief along
with the City of Miami and in support of Palm Beach County and the City of Boca Raton.
The motion unanimously passed.
Mayor Grant said he was happy to support the end of gay conversion therapy in the City.
Commissioner Romelus asked the City Attorney to explain what an amicus brief is and
what type of obligations are placed on the City. Attorney Cherof explained that an amicus
brief is like a friend of the court. There really is no significant work that would be involved
in doing this because there are other lead attorneys that are going to handle all the work.
The City is joining in a group that supports the position that is reflected by the City's
ordinance banning conversion therapy. Commissioner Romelus thanked Attorney Cherof
for his explanation.
C. Authorize City Manager to sign documents necessary to sign off on the
environmental study for the housing authority.
Motion
Commissioner Hay motioned to approve. Vice Mayor Penserga seconded the motion with
explanation.
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Vice Mayor Penserga asked the City Manager why this was required. City Manager
LaVerriere explained that we have been working with the Palm Beach County Housing
Authority for probably a year to encourage them and assist in any way to have them move,
dispose of, sell or develop the thirty-five plus vacant parcels they own in the City. It would
be beautiful for infill and new housing. The Housing Authority is now at the point where
they have to apply to HUD to dispose of the parcels via auction or however. As part of the
process, the Housing Authority was required to have an environmental study on each
parcel which has been done and has been submitted. Because the parcels are within the
City, we should be the ones signing off on the environmental. We simply need to go ahead
and sign off on that so they can move forward with the application. She said she was
excited that they are including the Gateway and Seacrest parcel in this disposition. Once
the application is submitted and the City knows every single parcel, we are going to bidding
on those properties to allow the City to place affordable and workforce housing on those
parcels. She explained this is tremendous progress and she does not want to hold it up.
Attorney Cherof added that ordinarily they would not bring an item to the Commission with
so little information and such short notice to add to the agenda, but time is of the essence
on this particular matter and there is a deadline the Housing Authority has to return all
appropriate paperwork. He explained that he reviewed the HUD regulations that are set
forth in the code of federal regulations it does appear that the City Manager would have
had the authority to sign off on the documents had there not been a Commission meeting
tonight, but with HUD you never what they turn up at the last minute in respect deficiency
and formalities that we follow. Having the Commission bless the City Manager's signature
on the documents is a safe bet. There is no potential exposure to the City, there's no cost
to the City, the process that the City Manager has laid out is simply to expedite that. Vice
Mayor Penserga thanked both the City Manager and the City Attorney.
Vote
There was no further discussion. The motion unanimously passed.
City Manager LaVerriere wanted to share that the Housing Authority, the Boynton Beach
CRA and the City will be meeting on a monthly basis starting in the New Year. One of the
Housing Authority's priorities is that whatever proceeds they get from the sale of these
properties they want to reinvest into the City for affordable housing. Mayor Grant requested
an electronic copy of the application, so that the City knows what was filed and when it was
filed with HUD. Commissioner Hay requested a copy of the property list.
12. Legal
A. Proposed Resolution No. R20-147 - Extending Ordinance 20-030 to
continue provisions for public meetings by use of Communications Media
Technology during the COVID-19 public health emergency.
Attorney Cherof explained that the City has an ordinance that allows them to meet
virtually through December 31st. The ordinance contains provision that allows the City
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Boynton Beach, FL December 15, 2020
to extend by resolution. He said there has been a lot of controversy regarding the
state of public health in the State of Florida and specifically in Palm Beach County.
This resolution will extend the virtually meeting deadline to March 31, 2021,hich is a
projection of when a significant number of people will have had the Covid-19 vaccine.
Of course, the City Commission controls the ability to at some point either in January
or February shorten or extend that extended deadline. Mayor Grant stated that he
thinks that March 31st is an appropriate timeline.
Motion
Commissioner Hay moved to approve Proposed Resolution No. R20-147. Commissioner
Romelus seconded the motion. The motion unanimously passed.
Vice Mayor Penserga suggested that because there were so few people in the room with
the Mayor, moving forward to meet in Chambers.
Attorney Cherof reminded the Commission that within the body of the original ordinance, it
does permit some hybrid combination of virtual and physical meetings.
Mayor Grant explained he was able to use the chambers for the General Employees'
Pension meeting and the technology was not completed and that he would like to wait until
all technology is up and running.
13. Future Agenda Items
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. - TBD
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. - TBD
C. Approval of Legacy at Boynton Beach (NWSP 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. - TBD
D. Staff to present a summary as requested by the Commission regarding a
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Boynton Beach, FL December 15, 2020
potential polystyrene ordinance. - January 5, 2021
E. Hear a presentation by David Scott, Director of Economic Development and
Strategy, on the City's Tourism Strategic Plan. January 19, 2021
F. Staff will present a Legislative Priority List for the Commission's
consideration and adoption - January 19, 2021
G. Per the request of SFWMD staff will prepare a year-round irrigation
ordinance for the Commission's consideration which comports the
District's Mandatory Year-Round Landscape Irrigation Conservation
Measures Rule - January19, 2021
H. A presentation of the City of Boynton Beach Operations Performance
Management Dashboard. - January 19, 2021
I. Resolution will be presented for consideration to award bid for
construction of two isolation valves into existing 36" force main on
Congress Avenue. - January 2021
J. Resolution will be presented for consideration to award bid for
construction of a new water main from East Welifield to East Water
Treatment Plant. January 2021
K. Mayor Grant requested information on the water quality of canal systems
within the City. - February 2021
L. ILA for Women's Club transfer to the City - February 2021
M. ILA for Sara Sims Park Pavilion Improvements - February2021
N. Vice Mayor Penserga requested a discussion regarding a City Mural
Program — March 2021
0. Staff will present the City's 15-year Roadway CIP plan and demonstrate
the software and data collected to implement this plan. - March 2021
P. Present option for management of canal assessment program - March,
2021
Q. Discussion on funding for expanding Wi-Fi to City parks. - TBD
R. Discussion of LOI process for sale of city land — TBD
Mayor Grant requested that ATV and dirt bike outing through Parks and Recreation be
added to Future Agenda, possibly in March.
Vice Mayor Penserga said he supports this. From a personal standpoint, he does not think
these groups are going to do that. These are social events they want to do it at night and
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on long stretches of road. He said it is worth exploring, yet is pessimistic about how
effective it will be.
City Manager LaVerriere clarified that the staff will reach out to Palm Beach County Parks
and Recreation and talk to them about any known facilities or public land that may be
allowing them or considering. Other than that, you are talking private property. We can
certainly find out from the county if there are sites out there or possible in the planning
throughout the county.
Mayor Grant talked about his experience riding ATVs and that certain trails were laid out
for this. The residents have requested to find a legal way to use recreational vehicles. We
are going to find a solution to a problem we are having where people are violating the laws.
Commissioner Hay commented we are fooling ourselves. They are not going to just
volunteer to go to other locations to ride. Mayor Grant said he feels that this is the proper
way to go about it. If this does not work, we could go to state legislature to change the law.
Vice Mayor Penserga brought up a concern that several business owners went through
the CRA grant program. There seems to be a disconnect between when the business is
done with the CRA and directed to the City and they do not know where to go or what
needs to be done within the City. Vice Mayor Penserga suggested that maybe there can
be a CRA and City liaison to help them through the process. He requested to streamline
the process.
Mayor Grant suggested a checklist for what has to be done moving from the CRA to the
City to completing the application.
Commissioner Romelus, commented that she doesn't believe that it is not getting done,
and need to give some credit to staff. She feels that there is not a document that you can
follow on what you need to do. Electronic access is another median to use to streamline
the process.
Mayor Grant wished everyone Happy Holidays.
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Boynton Beach, FL December 15, 2020
14. Adjournment
There being no further business to discuss, the meeting was adjourned at 8:06 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
1- 3
Qr9! C
Tammy L. Stan lone
Deputy City Clerk
22