Minutes 01-19-21 Minutes of the City Commission Meeting
Held Online Via the GoToWebinar Platform and
In-Person at the City Hall Commission Chambers
100 E. Ocean Avenue Boynton Beach, Florida
On Tuesday, January 19, 2021, at 4:30 P.M.
Present:
Mayor Steven B. Grant Lori LaVerriere, City Manager
Vice Mayor Ty Penserga James Cherof, City Attorney
Commissioner Justin Katz (arrived at 6:03) Crystal Gibson, City Clerk
Commissioner Woodrow L. Hay
Commissioner Christina L. Romelus
1. Openings
Call to Order— Vice Mayor Penserga
Vice Mayor Penserga called the meeting to order at 4:31 p.m.
Roll Call
City Clerk Gibson called the roll. A quorum was present for the closed-door session.
Attorney Cherof announced those attending the closed-door session included the City
Commissioners, City Manager, City Attorney, and a court reporter. The session was
anticipated to last about 60 minutes. Attorney Cherof noted should a Commissioner who was
not currently present arrive during the close-door session, it will be reflected when the meeting
reconvened.
Closed- door session held on Tuesday, January 19, 2021, at 4:30 p.m. for a private
attorney client session to discuss pending litigation case of:
CITY OF BOYNTON BEACH, a Florida municipal corporation, Plaintiff, vs.
JKM BTS CAPITAL, LLC., Defendant — Palm Beach County Circuit Court
Case Number: 50- 2020CA012780-XXXX-MB
The meeting recessed at 4:34 p.m.
A. Call to Order— Mayor Steven B. Grant
Mayor Grant called the meeting to order at 5:50 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 Amalie Ash of First Presbyterian Church.
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Boynton Beach, Florida January 19, 2021
Pledge of Allegiance
Commissioner Hay 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 requested an addition to Item 12 Legal a new item regarding a closed-door
session and that Items 9 A., B. and C. be heard before Public Audience.
Vice Mayor Penserga requested an addition to Future Agenda Items, and would like for the
Commission to consider a day of service where the City contributes to Feeding South Florida.
The Community Kitchen has been under construction and is looking for volunteers to package
food.
Mayor Grant requested an item to be added to Future Agenda to discuss community policing.
2. Adoption
Motion
Commissioner Hay moved to approve as amended. Vice Mayor Penserga seconded the
motion. The motion unanimously passed.
2. Other
A. Informational items by Members of the City Commission
Vice Mayor Penserga, disclosed the he spoke with Mr. Skaggs and Mr. Knight regarding
Legacy, also spoke Mr. Rogatinsky regarding the sale of 1102 and 1110 North Federal
Highway.
Mayor Grant disclosed that he had seen the event that took place at the Nation's Capital on
January 6th On January 7th, he attended the City's Park and Recreation's Department Crowns
and Swords Event at the amphitheater. On January 13th, attended the awards for the MLK
recipients. On January 14th, had Lunch on the Hill held at the Cherry Hill Minimarket kitchen.
That evening he attended the Cultural Council Virtual Muse Awards. He spoke with the
Schaffers regarding Item 8.D. Thursday morning, Publix will offer more vaccine appointments.
Commissioner Katz had no disclosures and welcomed Ms. Whitfield and Dr. Robinson of the
Palm Beach County School Board.
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3. Announcements, Community and Special Events and Presentations
A. Erica Whitfield, PBC School Board Member, will present a State of
Education Report.
Erica Whitfield and Dr. Debra Robinson gave a presentation on the State of Education in
Boynton Beach.
Mayor Grant inquired about the health of students and any physical education or after school
activities.
Ms. Whitfield responded there is not much open right now, they do have some programs and
sports available, and had football in the past. They are limited quite a bit.
Dr. Debra Robinson responded as a physician, she is very concerned about the ongoing threat
of this pandemic and understood the impact that this virtual education has had on the children.
Ms. Whitfield was very impressed with the schools, teachers, and bus drivers and the fact that
they bring many people together every day without having big outbreaks. People are taking
this very seriously. We are so close and we just have to hang in there as much as we can.
Hopefully we will be back to normal next year, if possible or whenever it's possible.
Mayor Grant, inquired about the old South Tech Campus, which is in the City limits of Boynton
Beach.
Ms. Whitefield responded it is a bus compound right now. She believes they are looking to
move South Area intensive to the Old South Tech Campus. The property in Lake Worth was
decrepit and falling down.
Vice Mayor Penserga, thanked both of the speakers for the information. He is also a public-
school teacher and sees many of the things mentioned on a daily basis. One thing that really
impacted him is there are students who are acclimated to online learning and those who have
just continued to slide, and we all know who is being impacted. It tends to be the
underprivileged Black and Brown minority students of lower socio-economic levels. He asked
what the plan for them was moving forward and if there any programs to supplement or to
catch students up or give them another opportunity to retake exams. When he calls on these
students in class and they unmute themselves, I am hearing babies crying, I am hearing
construction, some of them are not at home, they are at McDonalds or wherever they may be
and I just try to imagine myself if I were in their shoes, how difficult it is to even pay attention.
I do not know how they do it because of all the distractions around them. Board Member
Robinson, you mentioned earlier that you're open to partnering with others, count me in. I
want to be part of the solution on this. I do not want those kids to be forgotten. What can we
do for them? Is there a plan moving forward? I know there is no semester exams, I am not
sure if that is for all schools. That is one less opportunity for them to improve their grade. They
only have their quarter grades for example. What can we do moving forward?
Dr. Robinson commented she really believes that there has to be partners in a community
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group. There has to be small group instruction in the community. She has grandchildren in
the system and knows that her grandson is easily distracted when he is in the classroom where
a teacher can walk by. We are going to have to make up for this the only way, which is old
fashion eyeball-to-eyeball, person-to person contact, where you engage that student even if
the only reason is because they want to gain your approval that they will work hard. Please
know the children will rise to the occasion. I do not think it is going to be large group instruction,
I do not think it is really going to be school based. You probably know as well as I do that
because of the high stakes of accountability, everybody is not focused on the needs of each
and every child. It is a community effort. I am hoping that we move into our strategic planning
process that we embrace forming partnerships with people who will sit with these children, real
community-based support.
Ms. Whitefield agreed that what Dr. Robinson is saying about community-based support is so
important that it was one of the reasons she wanted to come and speak to you. She thanked
the Vice Mayor for his work in our schools. She has seen him in action recently and it was
exciting for me to be able to be there. The school district tried to put together some plans for
remediation and support and extra help. It really is going to be about time the students that
haven't participated in the schools come back. We have to protect them the best we possibly
can during this pandemic. I think it is very difficult for some of these kids to participate virtually.
For the ones that are not able to be up to the standards I explained earlier, I do think it is very
important that we encourage them to go back to their schools. We are going to have to have
tutoring after school, it is probably going to be extended. Anything we can do to really engage
them in their education. There has been a loss of this time of the importance of education, so
as a community we have to really speak to our students and our children and let them know
how important it is that they really do well in school and participate in school and get parents
to realize the importance of them being a part of their education. Things I would like to see
most of all is support for schools even more than we have had in the past. There is really
going to be long lasting impacts from this pandemic on what our students learn, how well they
do, and how well our community does. Again, you bring up some very good points. I am very
hopeful with this new administration coming, that they will all get the additional funds that we
need to be able to recover from this in education. This is not possible without additional support
from the national level.
Vice Mayor Penserga thanked them both and asked if there were good models for community
involvement supplementing education.
Ms. Whitefield responded noting Roots and Wings and the work they are doing recognizing
teachers in Delray, Boca and Boynton and also, the work they are doing to support creative
tutoring programs and after school settings. I know that it is something that principals really
enjoy at those schools and are glad to have. I think as far as a model for tackling community
support and bringing in additional dollars and additional support for our kids, I think that one is
just a wonderful program and it's one I think we should find a way to model throughout our
communities.
Dr. Robinson responded years ago, before I was on the school board, I actually ran an after-
school program. I would get off work practicing medicine and go to this after school program
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for middle school kids. I hired young people from the teacher's academy at Palm Beach Lakes
to teach under the supervision of a certified teacher. With homework assistance and guidance.
But the hook was that it started with boys. They wanted to play sports so we tied it to
basketball. They had to get all their work done to go to basketball practice. Then on Saturdays
they competed in the West Palm Beach recreational league. It was kind of this sequence. You
definitely not playing if you're not attending to your schoolwork. We had the support there. And
those relationships developed between not only the high school students, the teacher's
academy students and middle school students, but also with teachers who kind of supervised
them. Those relationships have lasted for two decades. That is the model I walk through, it
works very well. The important thing was about the relationships between the community
members and the young people. Because they wanted to please and impress the high school
students and the teachers in that program.
Commissioner Hay thanked Ms. Whitefield and Dr. Robinson for coming here to Boynton we
are certainly trying to partner with you. Dr. Robinson, have you looked into or had any success
in bringing some of the educators out of retirement and utilizing churches to help in this
partnership in the community that you talked about?
Dr. Robinson replied I am working for a particular initiative in your geographic area with some
folks that you know to do just that. I will tell you this about teachers that have retired. Just like
with anyone, you have got to have the right ones. What we cannot do well, we have a balancing
act in terms of teaching third grade the way you taught third grade 15 years ago versus third
grade now. Some people can bring that old school knowledge and wisdom to the table in this
new school atmosphere but some do not adapt as easily. It's all about the right person. If you
have them, yes, let us get them.
Commissioner Romelus commented I will chime in to say thank you to the school board
members, for showing up today and for all the work you have been doing as a mom with two
boys who are back in person now, but very limited. I used to have them in aftercare and all
that, but now I pick them straight up from after school. All the work you're doing is so important.
These numbers are very scary. Whatever I can do to help with that. I definitely get both sides
especially with what Dr. Robinson mentioned being African-American, being Black. This
pandemic is something on a different level for all of us. My husband and I had to make the
decision to bring the kids back. It was a very difficult decision to make. It's not easy I know for
others, whatever I can do to assist in that, to help fix those numbers and help engage our
families to really stop this slide that is happening, because these numbers are pretty scary.
Anything that I can do to help, please let me know.
Ms. Whitefield thanked Commission Romelus.
Commissioner Katz thanked them both for coming as well and looked forward to seeing them
tomorrow night at the school board meeting.
Ms. Whitefield responded thank you, Commissioner Katz. We are looking forward to seeing
you, too.
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B. Proclaim Sunday, February 7, 2021 as Robert E. Wells Day. Minister
Bernard Wright will accept the proclamation.
Minister Bernard Wright accepted the proclamation and stated when we acknowledge African-
American Black history, we acknowledge and promote humanity and there is no doubt about
it. This is not about the skin color except we have to address systemic racism in our country.
I do not want to talk about Robert E. Wells and our history, which is so very important, because
I am with Dr. Robinson and with brother we need to infuse Black education into our system.
Sitting on the student accounts at Poinciana, my boy was Student of the Month, he is doing
well and I understand why. What is the problem about our children being behind even before
virtual. I understand some things, the way our system is designed and the wording and the
way we speak has a great factor in it and with parents being with children, engaging
themselves. Eighty-six percent of our children are raised by single mothers, 90% on death row
raised by single mothers. It's so important to promote fatherhood. I want to say children are
having a problem in this state of uncertainty in this pandemic. Being a bishop, member of the
gospel, knowing bible prophecy, we are in a way with this, children are behind. I know this. I
am keeping up with this. I did not have a father. I raised my child from the bottle every two
hours to now 10 years old. He is a great athlete. He is good by the grace of God. I understand
Dr. Robinson because my neighbor is ringing my doorbell every 30 minutes, he couldn't stay
focused, so had to go back to school. I am a community advocate that is willing to partner with
Palm Beach County School Board and whatever I may be able to do with my time and however
we may be able to reach the community to tutor these children. I had to hire a tutor from New
York, a gifted tutor, brought my boy up. He was way behind. I tell you, he has not asked me
or my wife one thing this whole year. I can't do anything but thank God. That is staying focused
because of the environment we have to engage ourselves. He requested Dr. Robinson get in
touch with him I am President of the Community Review Board. I sit on the Historic Resource
Preservation Board. I am here for people, for what we need right now. I want to thank all of
you all who made this possible. This is the seventh year of Robert E. Wells and acknowledging
our history, which is so very much important. He requested if anybody in Boynton Beach has
anyone in their family who has contributed to the growth and development of this City, they
get in touch with him or anyone from the Historic Resource Preservation Board and let us get
this documented, because this is what it is all about. I want to stay relevant to what Dr.
Robinson is talking about, what we can do for these children. I am here. Call on me if you need
me. Thank you, Mayor, thank you Commissioners. God bless you all and thank you for this
redevelopment we have got it going on in Boynton. We are going to continue to keep it moving.
I am here for you.
C. Announcement by Jacoby Waters, Committee Chair of the Reverend Dr.
Martin Luther King, Jr. Community Awards, regarding the 2021 award
recipients.
Mr. Waters was not present to make the announcement.
City Manager's Report
A. City Lobbyist, Mat Forrest of Ballard Partners, will present the key issues/bills
facing the City during the 2021 Legislative Session. City Commission to
discuss and approve Legislative Priorities for the 2021 Legislative Session in
Tallahassee.
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Mat Forrest gave an update on the 2021 Legislative Session.
Mayor Grant, thanked Mr. Forrest.
Vice Mayor Penserga commented he spoke with Mr. Forrest a few weeks ago. He asked if
the $2 billion budget hole caused by COVID would result in the City'sr appropriations request
not being funded and if there was something positive they can look forward to or if there any
bills that could positively impact us in any way?
Mr. Forrest replied legislation just now getting filed. I was looking at two different components,
legislation regarding actual policies and or any changes in statute that could impact you or the
appropriations process, the budget. Those are the two main things. From a budgetary
standpoint without a doubt, it's going to be a bleak year. I will work as hard as I can with all
the members that represent you to try to bring home projects and money. At the same time
know we are going in with the $2 billion deficit and know there will be cutting areas. When it
comes to legislation, it could be a positive year in terms of giving you more for example, I have
heard governments would like more discretion how they have virtual meetings during the early
stage of the pandemic, and the pandemic, there is executive order that allowed you more
virtual discretion. That might be something they put in perpetuity rather than just the
emergency order.
Mayor Grant stated my questions are more for the environment noting they had a discussion
last year in regards to 14 acres that the City had and whether to sell it or not. I think one of the
major concerns I have in Florida is still the septic systems. Do you know of any legislation that
is trying to help transfer septic systems close to the ocean or canals into a sewer system, and
if anything like that was moving forward? Also, the City had its old dump next to the Links of
Boynton Beach. I do not know if we are still having to monitor that area, but I want to know if
your firm could help us with the Department of Environmental Protection of Florida or the
Environmental Protection Agency to make sure we do everything we have to so that we can
stop monitoring it and start using that land for other things.
Mr. Forrest replied on both of those topics regarding septic and sewer conversion, obviously
it is not a problem or issue unique to Boynton Beach. It definitely impacts multiple areas of
the state. I had heard positive possible programs addressing that statewide at least in strategic
locations and he agreed to put that on my list for you guys and keep my ears open to see if
there is any possibility to assist the City with that. With regard to engaging with other agencies,
we are more than happy to engage at any level of state government to help any issue you may
have. Obviously, an issue like that is rather complex so we would definitely love to be part of
a team and talk with the appropriate staff and also probably your attorneys to figure out exactly
what mitigation procedures you have or steps you could take or exactly what the status is. We
could definitely weigh in at the DEP on your behalf with the right assistance as well.
Commissioner Hay inquired about Covid-19 and Red-Light Traffic cameras. He was curious
as to what's the general feel or if he even heard of any discussion about the red-light cameras?
Mr. Forrest it has been an issue for the City. I would say it is very hard to give any diagnosis
or generality of what the Legislature is thinking especially this early with a new legislature.
There have been bills every session for at least the last three or four years that I can recall to
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repeal the red-light camera legislation. That bill has been again filed in the House. I have not
seen it in the Senate yet. In the last few years it has not moved. I do not know about the
incoming leadership, but it is on my list and issues to address with the town and monitor and
weigh in on.
Mayor Grant stated that he wanted to recognize the winners of the Reverend Dr. Martin Luther
king, Jr., Community awards. Community Leader of the Year is Tory Orr, Community Business
is Pyramid Books. Community Educator of the Year is Rita Simmons. Community Non-profit
of the Year is Boynton Beach Coalition of Clergy. Community Youth of the Year is Jeremiah
Young.
B. Presentation of the City of Boynton Beach Operations Performance
Management Dashboard.
Lori LaVerriere, City Manager, thanked Mayor Grant and explained this is something you have
heard staff talk about and we have talked with the commission over the past year or two of
being able to utilize metrics in data to help us make the best decisions we possibly to. I have
sat down with staff and actually started taking a really close look at some of the dashboards
they have been using for years, and we are looking at ways to use them better. I just thought
this is something I need to be bring to the Commission for you to see on a regular basis. I was
so impressed, I want to share with you some of the initiatives we have going on and what goes
behind recommendations and information that we bring forward to you to decide. It isn't just
something on the fly. It's really based on good evidence and data. One of my goals has been
for years, and we have been able to get there in finance. Mr. Scott, Director of Economic
Development and Strategy, will do a brief presentation. Ms. Frederiksen, Director of Financial
Services, is going to unveil to you a transparency software for our finances. Our public can go
on our website easily and navigate through our finances and take a deeper dive into our budget
book and be able to, again, navigate the information. I think it is a much more user-friendly
format. We are going to unveil this to you tonight and go live with it very shortly. We are very
excited. Then we have an expansion of an existing software that can just do amazing things.
I think Mr. Mack or Mr. Dunmyer will be presenting that this evening.
David Scott, Director of Economic Development and Strategy, gave presentation on the City
of Boynton Beach Operations Performance Management Dashboard.
Mara Frederiksen Director of Finance, unveiled a transparency software for finance.
Gary Dunmyer, City Engineer gave a demonstration on the expansion of an existing
software.
Mayor Grant was pleased that we are moving forward with this and having all this information
open to the public. For me, one of my first thoughts, maybe because we had some school
board members here, is that the access to the youth having to do a school project about the
roads or financing, it is just giving all that information of the government available to the public
I think is a very vital aspect for our society. If anyone is wondering what is going on, we have
the ability to say we have always had this information out to the public. I am pleased to see
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that. This way we as the Commission know that what we are doing is the right course of action
when we do the annual budget.
Vice Mayor Penserga thanked everybody involved and their respective teams. He agreed with
everything that the Mayor has said. As many of you know, I am a data geek so I am very
excited to go through the data. I haven't had a chance to do that just yet, but I will reserve my
questions after I have had a chance to play around and take my dive in. But this is the right
direction, really excited for this. Thank you again.
Mr. Scott thanked John McNally, ITS Director, and his team. They have done a yeoman's job,
not just tonight but with the modeling of ESRI and have been an integral part of this project..
Mayor Grant inquired what ESRI was.
Yury Konnikov replied originally, they called it that name and it was Environmental Sciences
Research Institute and that is the company that makes the platform that our software is on
and contextualizes this data.
Commissioner Hay inquired will there be an app on your cell phone you can roll out on? Is
that your goal? That we can add an app on our phone like the current one we have with
reporting problems in the city?
Mr. Scott replied staff can certainly look at that. Right now, we are linking it to our website.
A. Presentation by David Scott, Director of Economic Development and
Strategy, on the City's Tourism Strategic Plan.
David Scott, Director of Economic Development Strategy, Sergio Piedra, and Don Kolodz
from Discover the Palm Beaches gave presentation on the City's Tourism Strategic Plan.
Mayor Grant thanked them all for that great presentation. I am very excited that we have this
tourism plan to help economic development within our City. One of the things is the
recommendation in regards to the branding, and the wood signs that the City has on
Woolbright Road and Boynton Beach Boulevard when coming into the City. Anybody coming
to the City of Boynton Beach should not see a weathered wood sign. That we should really
focus in on the new stuff that we have going on. I am unaware of that roller coaster that is an
existing amenity. But if you let me know, that would be wonderful. I got a little confused with
some of the things in the low priorities and the high priorities. The Art in Public Places program
is one of our existing amenities that people come to see the sculptures. My main goal is that
we need to find that low-hanging fruit in this type of market that would give us the biggest bang
for the buck and I think it is kind of doing that physical aspect of when people are coming in,
showing them that Boynton Beach is more of a new city compared to the old.
Mr. Scott had conversation with the director of the Art Advisory Board about place making
and experience centers. I will be making a presentation to the Art Advisory Board in the near
future to connect part two tourism and destination.
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Vice Mayor Penserga thanked everybody who presented and agreed with them, those signs
are one of the very first things people see when they drive into our City. We want that to reflect
a modern City, not a weathered City to use the word that you used. Regarding the
presentation, I think overall, we are in the right direction. Yes, we are in a Covid year so go
after those low hanging fruits and then we will accelerate from there. In the presentation, you
included a variety of drivers for tourism and there were very broad drivers. He asked if Boynton
Beach had specific drivers of tourism. If so, when people come, what are they coming for,
because part of our plan is, if we know what is working today, then we can build around that
to amplify what's already working. He asked if the City had any specific data on those drivers.
Mr. Scott commented we would like to be able to confirm those, but the part of the task force
was to identify the drivers which we do have. When I think of drivers, Vice Mayor, I think of
some of our activities such as our Marina. There are a lot of fishing expeditions generated
here. There is a great fishing market when I say fishing market, meaning as a tourist
destination. When you think of drivers, we have identified those as key drivers that bring
people here. We highlight the Marina as a destination and build off the excitement and the
amenities of what the Marina has to offer. We work with the CRA to promote the Marina and
all of the recreational activities that occur in and around it. That is just one example. As we
market the mall, once they go through their transformation, they become a specific destination
and driver. You have heard the Brewery District is great and if we support that and highlight
that, that becomes a driver that builds a whole economy. The Mayor mentioned art. Art
enhances the area, so you do have events around art specifically. As far as our uniqueness,
we have destinations within the City. And one of the last two areas besides the Downtown and
marketing downtown as an experience, is the Heart of Boynton, which I call my Cultural
District, my Black Cultural District. As we grow that, that becomes a destination. The last one
I always pick is our hospital. Baptist Bethesda with medical tourism, in and around that
hospital, is a destination in itself. We focus on those key areas and build those as drivers that
bring people here. Medical tourism is a big industry and if we market it correctly, then Baptist
Bethesda becomes a destination and you come to Boynton because of the services you get
at Baptist Bethesda hospital. I always say if they get a Wolfgang Puck at the hospital, you do
not have to be sick to visit the hospital. So that is been my approach to marketing and branding
the uniqueness of Boynton. It's not just one industry. It is these destinations and the experience
that you get. I want you to wake up in Delray and say I feel like going to the Brewery District
today, or I feel like going down to Boynton's Downtown because it's hip and happening and
everything is happening there. If I go to Hurricane Alley, I am not just there to eat. I am also
there to experience all the other things that are going on in and around Downtown and make
it a day trip into the City of Boynton Beach.
Commissioner Hay agreed. I was looking at your visitation by cities chart. Knowing that
Boynton is the third largest municipality in Palm Beach County, I just happened to glance at
Delray and Boynton. Delray has the city visited 1°/0 higher than Boynton, but yet when it comes
to city stays overnight, we have a couple of percent more, which helped me to think that maybe
justifies the hotel concept of building in Boynton because that tells me that we are really just
beginning compared to other cities who are much further down the road. This, to me, with what
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you call the stops, the Marina, the Mall, the HOB, hospital, etc., we are talking about branding
Boynton Beach. We have a lot to offer here in Boynton. He commended Mr. Scott on the
Tourism Strategic Plan. I think you definitely are headed in the right direction. And I think that
helps us as the City Commission to make the right decision in the direction in comparison to
others with this type of information. So again, I want to commend you. And when you get ready
to brand the City, keep in mind the things that we do have the Gulfstream come the closest to
the continental united states in Boynton Beach than any city in our country. We are a mile and
a half from the ocean, 1-95. I mean you just go right down the line. I would like to talk to you
when you get further into your branding and just give my thoughts to the committee. Thank
you again for a job well done.
Mr. Scott thanked Commissioner Hay. This Commission has shown great leadership and will
continue to do so as we approach it with thoughtfulness and intentionality. That is what's
different than some of our other sister cities. It happened and they respond. We are creating
it. You, as a Commission, and our public have created the destination that they would like to
see in our City. And we have an opportunity to make sure that what we create is diverse and
inclusive because we want everyone to see themselves in the future of Boynton Beach. The
strategies, the destination, the amenities, the experience centers have to be intentionally
curated so that everyone sees themselves in the City, race, creed, color, gender. We are doing
it with purpose.
Commissioner Romelus noted she was a member of the Tourist Development Council (TDC)
Board, and thanked the individuals from Discover the Palm Beaches who are here to really
who also support our staff in producing this. I think this is revolutionary in how we continue to
do business here in Boynton Beach, focused on the tourism industry. We had a pretty intense
meeting last week at the TDC Board where we discussed the future of tourism, especially with
everything in mind that is happened with Covid. I think this will put us definitely ahead of the
curve by the fact that we have now set the precedent in our plan in terms of tourism. This is
great I am glad that we are just so ahead of the game and that we are doing the right thing. I
am definitely proud of my colleagues and our city staff as well for putting in the work necessary
to make this happen. Thank you for everyone involved.
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)
No one came forward.
5. Administrative
A. Appoint eligible members of the community to serve in vacant positions on
City advisory boards
Motion
Mayor Grant stated I have an appointment of moving Martin Klauber from an alternate to a
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regular. I would like to make that nomination. Vice Mayor Penserga seconded the motion.
The motion unanimously passed.
6. Consent Agenda
Matters in this section of the Agenda are proposed and recommended by the City Manager
for"Consent Agenda"approval of the action indicated in each item,with all of the
accompanying material to become a part of the Public Record and subject to staff
comments
A. Proposed Resolution No. R21-013 - Approve utilizing City of Punta Gorda
Agreement
R2017112/SVC-TI RES/17/18 with Boulevard Tire Center for the purchase
of Recap/Retread Tires for an estimated annual expenditure of $70,000. The
City of Punta Gorda's process satisfies the City's competitive bid
requirements.
B. Proposed Resolution No. R21-014-Authorize the City Manager and Police
Chief to sign all documents associated with the acceptance and grant
agreement for the Florida Department of Transportation (FDOT) Occupant
Protection grant subject to the approval of the City Attorney.
C. Authorize the Finance Department to reduce the Allowance for Uncollectable
Accounts and the Accounts Receivable Accounts by $763,923.35. This
amount reflects unpaid ALS transport billings that have been in collections for
twelve (12) months or longer.
D. Proposed Resolution No. R21-015 - Adopt the Program for Public Information
(PPI) 2020 Update document, which will allow the City residents and business to
continue to be eligible for a discount on flood insurance premiums.
E. Approve the Five Year Plan specifically FY 2021-2022 CIP budget to show
availability for a potential grant of $600,000 with a 50/50 match of $600,000
for the Quantum Eco Park project.
F. Accept the written report to the Commission for purchases over$10,000 for
the month of December 2020.
G. Proposed Resolution No. R21-016- Approve and Authorize City Manager to
sign Agreement No. 012-2811-21/RW with Shannon Chemical Corporation
for the purchase of Polyphosphate Corrosion Inhibitor, with an estimated
annual expenditure of $40,000.00.
H. Proposed Resolution No. R21-017- Approve the rankings as recommended by
the Selection Committee and Authorize the City Manager to sign contracts
with four (4) primary contractors and three (3) alternate contractors: Homrich
Corp., Anzco Inc., RPM General Contractors, Inc., I.Q. Constructions, Inc.,
E & F Florida Enterprises dba Creative Contracting Group, CH Global
Construction LLC, and Waypoint Construction Group; in order to establish a
pre-qualified list of contractors in accordance with Request for Qualification
(RFQ) No. 028-2511-20/RW "Pre- Qualification of Contractors for Minor
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Construction Services" and Authorize the City Manager to award individual
projects not to exceed $250,000.
I. Proposed Resolution No. R21-018- Approve and authorize the City
Manager to sign an Agreement utilizing the State of Florida Alternate
Contract #43211500-WSCA-15-ACS for the purchase of an Exagid
EX32000E encrypted backup storage appliance from Transource Services
Corp in the amount of $49,545.34. The City is allowed to purchase from
State of Florida Contracts.
J. Approve minutes from the City Commission meeting on December 15, 2020.
Motion
Mayor Grant asked for a motion to approve. Commissioner Hay so moved. Vice Mayor
Penserga seconded the motion. The motion unanimously passed.
7. Consent Bids and Purchases Over$100,000
A. Approve Task Order# SW-04-2021 with Johnson-Davis, Inc. in accordance
with RFQ 028-2821- 19/MFD, Pre-Qualification of Contractors for Utility
Construction Services awarded by commission on August 6, 2019. The
Scope of Work is for the SE 1st Street 8 inch Sanitary Sewer and Manhole
Repair Project in the sum of $261,785.00 plus a 10% contingency of
$26,785.00; if needed for unforeseen conditions for a total expenditure of
$287,963.50. for the project on SE 1st St. based on unit costs provided by
Johnson-Davis, Inc. in their respective bid.
B. Proposed Resolution No. R21-019- Approve and Authorize City Manager to
sign Agreement with IXOM Watercare, Inc. for the purchase of MIEX Doc
Resin with an estimated annual expenditure of $330,585.
Motion
Mayor Grant requested a motion to approve. Commissioner Romelus so moved.
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.
A. Proposed Ordinance No. 20-034 - Second 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: Bonnie Miskel,
Dunay, Miskel & Backman, LLP.
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B. Proposed Ordinance No. 20-035 - Second 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: Bonnie Miskel, Dunay, Miskel &
Backman, LLP.
Attorney Cherof read Proposed Ordinance No. 20-034 and 20-035 by title only on Second
Reading.
Bonnie Miskel, Esq., of Dunay, Miskel & Backman, LLP., commented they made a full
presentation at your last meeting and presented all three items then. I am joined this evening
by our Traffic Engineer Adam Kerr, our Planner Mark Rickards and myself and we are happy
to answer any questions. There was a great deal of discussion and conversations and
comments. We will refrain from extending your evening and speak if you need us to respond
to questions.
Attorney Cherof administered an oath to all those wishing to testify.
Mayor Grant, asked the Commission if there were any questions or concern in regard to the
applicant's presentation from two weeks ago.
Vice Mayor Penserga commented earlier this evening I made my disclosures. I want to
disclose that I did speak to Ms. Miskel about this project.
Mayor Grant opened for public input.
Jason Evans an attorney representing the adjacent land owners of the project spoke here on
January 5th and we vehemently opposed the project for the reasons that we stated which I
will restate again today for the record. I also want to make sure that everyone knows that a
court reporter is transcribing today's session. The objections that I had stated before were that
the adjacent land owners were being ignored. I did not understand why the Commission had
voted 5-0. The problem that I had was that there was incompetent and non-substantial
evidence as to why proposed Ordinance number 20-034 should be approved. The basis for
my objection is the fact that Planning and Zoning Advisory Board had voted against this
proposal 6-1. That was ignored. Then we looked at the staff recommendation that was dated
September 15th from Amanda B. Radigan, Principal Planner. It was a Development
Department Planning and Zoning Division Memorandum number PZ20-023. The
recommendation there said staff had determined that the requested abandonment would not
adversely affect traffic. That was not the case as the Mayor had mentioned in the January 5th
session, that it would impact traffic and maybe impact the local stores, maybe negligibly, but
it would impact it. So that recommendation seems to be not true, that portion of it at least.
When we go into the part that says that City functions based on the remaining street network
in the immediate vicinity would not adversely impact other adjacent property owners in the
recommendation, that too was false. You heard objections from various adjacent land owners
who said that the issues were related to ambulances, medical staff that would have to reroute
if there was an abandonment to 1st Avenue. There were issues with regard to flooding on
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Ocean Avenue and how that would stack up on Ocean Avenue because there wouldn't be an
outlet on 1st Avenue. They were saying there would be an issue as the 1st Avenue may have
served as loading to commercial and other public purposes. That this was land that was meant
to be an artery to help the flow of traffic. Nothing was discussed, nothing was negotiated.
Maybe taking this down to a one-way street or anything like that. It was just an absolute
abandonment. The next part of the recommendation says based on the above analysis, staff
has determined that the subject right-of-way segment located within the confines of the
proposed development of Legacy no longer serves a public purpose. This is without analysis.
Within the confines of the proposed development. You are saying if someone owns a piece of
property on the south side of East Ocean Avenue and north side, they can abandon the street
as a right-of-way because it's in the confines of a proposed development? I find that hard to
believe. And that any other retention in that street no longer serves a public purpose, other
than retention of necessary utility easements. I just described to you before all of the public
purpose of that street and how it does serve a public purpose with regard to medical,
ambulances, serving the stores that face East Ocean Avenue from the south. As we go on
through all this, they were ignored. And this was on January 5th. I took this matter very
seriously, I emailed the City Attorney, Mr. Cherof January 6th. I wrote, Mr. James Cherof, I
hope this email finds you well. Just wanted to follow up from the Commission meeting last
night. Last night there was mention of a Department of Transportation report that suggested
the closure of Southeast Avenue. Do you have a copy of that report you might be able to send
to me because when we were here, the Mayor said there was reason to believe that the
Department of Transportation said that it was a good idea to close off Southeast 1St Avenue. I
haven't seen anything. Mr. Cherof responded I do not have a copy of any Department of
Transportation report regarding the closure of Southeast 1st Avenue. I have a copy of that
email. I would like to see if the Commission would like to see a copy of it for themselves.
Mayor Grant responded that he would not like to see email. If you want to do a public records
request, you would need to go contact the clerk.
Mr. Evans replied I understand contacting the clerk, but I had also contacted the City Attorney.
With contacting the clerk, I knew I would be timed out if I asked for this request. There were
other emails. There was an email from Mr. Mauro, one of the existing land owners who wrote
Mayor Grant on January 11th, could you please send a copy of all studies completed for the
Legacy Project? We have not been able to get a copy from other sources. This was not
responded to. The adjacent land owners and the other lady who spoke here from the Planning
and Zoning Advisory Board, she feels ignored. Voting this project down 6-1 and then still going
forward 5-0, hearing from the adjacent land owners, understanding that the recommendations
may not have been thoroughly vetted or at least at minimum unverified, is extremely
concerning, grounds for appeal, grounds for petition for cert. And this is a taking and this is
something that's not going to be taken lightly if the Commission decides that they want to go
forward 5-0, the adjacent land owners have rights and they will pursue them vigorously. I hope
you'll reconsider.
Mayor Grant thanked Mr. Evans and asked if anyone else wanted to comment at this public
hearing.
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Jim Knight, 740 Havana Drive, Boca Raton, stated I have the pictures that I mentioned at the
last meeting. The street is being used as a parking lot. I would like to submit these for the
record.
Robert Nebb, 640 East Ocean Avenue. I am the adjacent land owner that the attorney
eloquently spoke about. I want to add one more thing, if you look at the map submitted by
what was originally the realtor who is no longer there, it's just the land owners on the back lot
looking to package these parcels to try to sell them to a developer, on the map they show a
picture including my land. It has nothing to do with them. I think they included that because
they are trying to falsely attain more density than they could possibly get because the density
obviously is based on the footprint below. I think you might want to look at that before you
approve anything. You might want to actually review their entire package because I think they
are falsely stating how much footprint they have under their building.
No else coming forward, Mayor Grant closed public comment.
Mayor Grant stated the applicant has the opportunity to respond.
Ms. Miskel thanked the Mayor and the Commission and responded to Mr. Evans' comments
because they are not reflective of Florida law today. First of all, competent evidence are all of
the experts that work for the City, the City Engineer, fire reviewer, your very capable and
professional planning and zoning staff that are comprised of AIPP qualified land planners of
many years and are experts in and of themselves. Inclusive of a number of other reviewers
that performed functions for utilities, roadways, etc. All of that information that is comprised
and contained in your report is competent evidence. This report is laden full of expert testimony
and competent evidence. On that basis alone, you can rely, should you choose to, as you did
at the last meeting. In addition to that, we have a qualified and very experienced land planner,
Mr. Mark Rickards who put this application together and did so in conformance and compliance
with all of your codes and regulations. Additionally, the traffic component to this report was
prepared by a licensed traffic engineer, Mr. Adam Kerr who is present this evening and can
talk about his meetings and discussions with the Florida Department of Transportation that
does support the road closure, there is no doubt about that. Mr. Kerr on the phone and on the
line virtually if you have any questions of him. But he performed all of that analysis in Palm
Beach County through the PPS system signed off on it, that too is competent evidence. To
state that none of this is unverified, all of this is verified. We are required to complete the
applications in compliance with your Code. And it is very extensively verified by all of the
experts within the City and experts outside the City, inclusive of the Department of
Transportation. We have submitted competent evidence for you to rely on and to base your
determination on. The information in the application was supported, analyzed, reviewed and
also in your report you will note on each of the items was recommended for approval. I won't
go into that further, but our competent witnesses, our expert witnesses and by the way, I am
a zoning lawyer of approximately 30 years. I have testified at quasi-judicial proceedings and I
am prepared to respond as an expert in zoning law. On the basis of Florida law, we have met
our burden. I am comfortable with it and as was staff and the City in presenting this to you with
a recommendation of approval. Again, we are here to answer any questions. As I mentioned,
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Mr. Kerr is on the line as well if you have any traffic questions.
Mayor Grant inquired about eminent domain. We are abandoning a road that is not abutting
any of the other property owners. Is that consideration of an eminent domain action?
Ms. Miskel responded I have never seen an eminent domain case on the basis of the facts
presented to you. I will tell you that the abutting owners of the portion of the roadway that is
being abandoned fall to my client. The applicant has consented to by virtual of submitting the
application and they are the abutting owners. If a roadway is a dedicated roadway, the
underlying fee lies within the ownership of the abutting owners. It is a dedication that is
provided in accordance with your Code in order to abandon that dedication, we have to go
through the process that we have. We have demonstrated what we need to obtain approval
of this request. Your engineering department has confirmed that. In addition to our meetings
with D.O.T., I believe your Assistant City Manager, Mr. Groff, had meetings with D.O.T. to
confirm what was being applied for was not something that was needed by them or in
accordance with their rules. And they signed off on the basis that they found it acceptable and
in accordance with their rules.
Mayor Grant commented the interesting thing is that we are not abandoning SE 1st Avenue.
We are just abandoning 175 feet of Southeast 1st Avenue. There will be access onto Southeast
1st Avenue from 6th Street, is that correct?
Ms. Miskel responded that is correct. For the record, we have actually improved conditions of
the portion of Southeast 1st Avenue that continues to remain roadway by providing better
sidewalk conditions as well as we have expanded the area where we are able to have some
off-street or adjacent to the existing right-of-way loading areas. We have actually improved the
conditions that are out there as Mr. Knight provided you in pictorial view. The road today is
being used for parking, not as a means of public ingress and egress necessarily. There is
obviously public ingress and egress, but there is significant parking issue going on out there
that is unrelated to our client's property.
Mayor Grant thanked Ms. Miskel. Does the Commission have any other questions for the
applicant? If not, may I have a motion to approve the proposed ordinance 20-034?
Motion
Commissioner Romelus moved to approve Ordinance No. 20-034 on Second Reading.
Commissioner Hay seconded the motion.
Vote
City Clerk Gibson called the roll. The vote was 5-0.
Motion
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Commissioner Hay moved to approve Ordinance No. 20-035 on Second Reading. Vice Mayor
Penserga seconded the motion.
Mayor Grant commented I believe I used the word difficult. I believe that was negligibly difficult
because of the fact that Ocean Avenue and Southeast 2nd Avenue are still going to have
access from Federal Highway. The comment from our staff saying that it does not adversely
affect, which means prevents successor development is very accurate. I believe the adjacent
property owners will receive higher property values because of this development and further
improvements to the area around them. He requested aroll call.
Vote
City Clerk Gibson called the roll. The vote was 5-0.
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: Bonnie Miskel of Dunay, Miskel & Backman LLP. (Tabled at
January 5th meeting).
Mayor Grant commented that for Item 8C, we asked for an additional loading or space along
Federal Highway. He asked if that part of the applicant's proposal as a condition of
approval?
Assistant City Manager Mr. Groff responded there are two conditions. The staff is
recommending adding additional loading on Federal Highway. We'd like to add a condition
that the right-of-way abandonment will not be recorded until the building permit is ready to be
issued.
Motion
Mayor Grant asked for a motion to amend the conditions of approval. Commissioner Romelus
so moved. Commissioner Hay seconded. The motion unanimously passed.
D. 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.)
Motion
Mayor Grant asked for a motion to remove from the table. Commissioner Hay made a motion
to remove from the table. Commissioner Romelus seconded the motion. The motion
unanimously passed.
Attorney Cherof read Proposed Ordinance No. 20-043 by title only on Second Reading.
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Mayor Grant recalled asking this to be tabled as I received an email from one of our residents
regarding the flooding in Chapel Hill area. I spoke with the applicant and they state that they
have gotten civil engineering reports that proposed plan is going to be better for water
management in the future. That is why I will be in favor of voting for this abandonment.
Mayor Grant opened public comment.
No one coming forward, Mayor Grant closed public comment.
Motion
Mayor Grant asked for a motion to approve. Commissioner Hay made a motion to approve.
Commissioner Katz seconded the motion.
Vote
City Clerk Gibson called the roll. The vote was 5-0.
9. City Manager's Report
A. City Lobbyist, Mat Forrest of Ballard Partners, will present the key
issues/bills facing the City during the 2021 Legislative Session. City
Commission to discuss and approve Legislative Priorities for the 2021
Legislative Session in Tallahassee.
B. A presentation of the City of Boynton Beach Operations Performance
Management Dashboard.
C. Presentation by David Scott, Director of Economic Development and
Strategy, on the City's Tourism Strategic Plan.
City Manger's Report 9 A, B and C were heard prior to public audience.
10. Unfinished Business - None
11. New Business
A. Ratify the CRA's approval of the sale of 1102 and 1110 N. Federal Hwy. to
Boynton Beach Office Condo.
Motion
Mayor Grant asked for a motion to approve. Commissioner Hay made a motion to approve.
Commissioner Romelus seconded the motion. The motion unanimously passed.
Mayor Granted commented that the property was purchased at the appraised value. It is
important for the CRA to make those decisions that we are not selling property for under its
value unless it's for workforce housing, affordable housing or needs of economic development.
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B. Discussion regarding attainable housing in the City of Boynton Beach.
Amanda Radigan, Principle Planner, and Collin Groff, Assistant City Manager, gave a
presentation on attainable housing.
Mayor Grant commented attainable housing is something that we need to look forward to. It is
something that the City staff would be able to point people to the CRA to help assist them if
they can't afford a certain workforce or affordable housing model. Hopefully the CRA will say
we can help with TIF funding to make it profitable. I mean that's the big thing here. You can't
put affordable housing or workforce housing parking requirements in a parking garage
because it is $20,000 to $25,000 a space and that's too much to add in addition to the cost of
the residential unit. Does the Commission agree with that? That we need to have staff have a
closer relationship with the CRA in helping financing some of these more workforce and
affordable housing projects.
Mr. Groff responded you're absolutely right. We work very closely with the CRA staff when
developers come in to work with the CRA staff to find ways to creatively fund, especially
affordable housing. We have a couple of things that we are working together on, including the
lots that were owned by the Housing Authority and things like that. We are constantly working
together to look for ways to bring the cost of the housing down for citizens.
Vice Mayor Penserga commented the one thing that I am certain about is changing that metric
to the Boynton Beach numbers. I am not fully prepared to provide comments on possible
incentive programs. I have been meaning to speak with Ms. Radigan and it is on my list of
things to do and he would like to revisit this.
Commissioner Hay stated I believe they were saying that in Boynton Beach, the household is
spending more than 30% of their income for housing and 64%for a renter. I would like to come
back to this and give it a little more thought. It would be an obvious route to take with attainable
housing. Is that sort of the direction here, Mr. Groff? That it is a great deal for Boynton based
on statistics?
Mr. Groff responded it was. This is a big deal for Boynton if we want to grow our workforce
and grow our wealth. We do need to grow our housing stock. There are many ideas out there.
If it is the Commission's desire to hold a workshop, we are willing to do that. We brought
forward tonight a couple of ideas that we can pretty quickly change and put into place that we
think will help. It's not the end. It's barely scratching the surface of the beginning. We do know
that what we have right now is not working, our immediate recommendations are to try to fix
what is not working which is changing it to the Boynton Beach income levels and making some
changes in the actual numbers that developers have to use to take advantage of it, that we
think will incentivize them to use it after talking with and meeting with them. That's the quick
hits. We have made a couple of other quick hits. The long-term discussion, there are a lot of
ideas out there and we really need to get feedback on what those are. That really is a workshop
setting where we can kind of just sit and talk about the ideas and really get the feedback and
hear from everyone.
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Commissioner Romelus commented I hear the sentiment of my colleagues and I understand
it is late. This has been something that's been kind of on the docket for quite a while. Being
that staff is proposing these are changes that can go into effect immediately, as we have
noticed there has been a lot of interest in development and redevelopment within the City.
These changes as staff has proposed would only help incentivize affordable, attainable
housing, I am not opposed to putting that into the works. We can continue to discuss and
continue to further elaborate at a later time based on what the Vice Mayor and Commissioner
Hay are saying. If this is something that just requires a quick vote that we can at least change
the language to start to allow for any future applicants to be able to take advantage of this,
would be in favor of that, because, again, my thing is it pains me when I see a new
development comes through because we did not have an ordinance or whatever in place that
are grandfathered into whatever we had previously. There is nothing we can do, no recourse,
opportunity lost for creating more affordable housing, especially within the downtown area. I
would be in favor of moving this forward tonight. Then anything else or any other addition that
my colleagues would like to make to improve this document, then, of course, we can do that
at a later time. Thank you.
Mayor Grant inquired about needing an ordinance and that there will be two readings to
make any changes permanent.
Mr. Groff responded absolutely. This is just about getting some direction tonight. Like I said,
the quick hits, we can bring those back in ordinances and everyone will have time to digest it
and we'll meet individually on those changes. We do want to continue to dialogue. There are
other ideas out there we need to work on, but we need feedback to know which ideas you like
and which ideas you don't like. It is a continuing process. It's taking care of some problems we
know we have now and then moving forward is going out there and finding every idea that's
out there, figuring out which ones work for Boynton Beach and trying and seeing if we can do
it. It is a big problem. We need to solve it. We need to not stop until we fix it.
Ms. LaVerriere stated as we bring back the draft ordinances for your consideration, we will
bring back a list of what Mr. Groff is referring to as ideas and other considerations and kind of
break this down a little bit so it is more manageable as a discussion. We are going to be talking
at least over the next probably two or three meetings. It may take a meeting or so to put this
together, but I see us having a few discussions about it. We'll continue as we drill down through
it.
Vice Mayor Penserga clarified his position that he is in favor of the current proposed revision
that staff has provided. I was thinking more about when it comes to ideas that offer alternative
forms of housing. I know that can be very controversial, accessory units was a massive issue
in Lake Worth. Those were the kind of ideas I was thinking about to have a longer
conversation. Container homes. We need to learn more about them and other forms of housing
to cater to the lower end brackets, the 37% Ms. Radigan brought up. If you want to just push
forward with the current proposals, then we'll get the ordinance back, happy to support that.
It's those novel forms of housing that caught my attention.
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Mayor Grant directed staff to bring back the ordinance under first reading that way if there are
any changes that need to be made, they can be made between first and second reading
instead of reviewing again and then deciding to go to ordinance.
Mr. Groff thanked the Commission for the direction. We will meet individually with any
Commissioner who would like discuss their ideas and bring them back to the whole
Commission.
Commissioner Katz commented I do agree some of the topics, the only one I would want to
have a further discussion on is the accessory dwelling because as Vice Mayor Penserga
pointed out Lake Worth had some serious concerns. I don't want to see an ordinance with
multiple ideas and we would be forced to vote on an ordinance all at once. I want to make
sure we look at this piecemeal before we get to a vote on a whole package so we can build a
consensus on the specifics. Hopefully, the final package is amenable to everybody.
12. Legal
A. Proposed Ordinance No. 21-001 - First Reading-Approving request for
abandonment(ABAN 21-003) of a 12' wide water and sewer easement in conflict
with scheduled cafeteria expansion plans at Citrus Cove Elementary School,
located at 8400 Lawrence Road.
Proposed Ordinance No. 21-002- First Reading-Approving request for
abandonment(ABAN 21-004) of a 10' wide water easement in conflict with
scheduled cafeteria expansion plans at Citrus Cove Elementary School, located
at 8400 Lawrence Road.
Attorney Cherof read Proposed Ordinance No. 21-001 by title only on First Reading.
Motion
Commissioner Hay made a motion to approve. Vice Mayor Penserga seconded the motion.
Vote
City Clerk Gibson called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 21-002 by title only on First Reading.
Motion
Commissioner Hay made a motion to approve. Commissioner Katz seconded the motion.
Vote
City Clerk Gibson called the roll. The vote was 5-0.
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13. Future Agenda Items
A. City staff to provide an executive summary of discussion on November 17,
2020 regarding an ordinance regulating the use of polystyrene for the City
Commission to discuss. - February 2, 2021
B. Stomiwater improvement project priority list- February 2, 2021
C. Consideration of Purchase & Sale Agreement for transfer of the Boynton
Beach Women's Club from the CRA to the City. ILA was approved by the CRA
Board on January 12, 2021. - February 2, 2021
D. Consider ordinance for year round irrigation that has been requested by
South Florida Water Management District. - February 16,2021
E. Award of Task Order for Design Services for Gulfstream Blvd. Improvements-
February 16,2021
F. Amendment to ILA with Delray Beach for Gulfstream Blvd. Improvements-
February 16,2021
G. ILA for Sara Sims Park Pavilion Improvements- March 16, 2021
H. Mayor Grant requested information on the water quality of canal systems
within the City. - March 2021
I. Vice Mayor Penserga requested a discussion regarding a City Mural
Program - March 2021
J. Staff will present the City's 15-year Roadway CIP plan and demonstrate the
software and data collected to implement this plan. - March 2021
K. Present option for management of canal assessment program - March 2021
L. Discussion on funding for expanding Wi-Fi to City parks. - TBD
M. Discussion of LOI process for sale of city land — TBD
Mayor Grant added the following items to Future Agenda: Feeding South Florida presentation
for a Day of Service for the City, a discussion on community policing, and n update on the
voluntary sustainability payment.
Attorney Cherof requested pursuant to statute for a closed-door session on the Brandon
Brescia, Plaintiff versus City of Boynton Beach, Palm Beach County Circuit Court, he would
need about 45 minutes of your collective time. A closed-door session will be held at 4:45 p.m.
prior to the City Commission meeting on February 2nd.
Yury Konnikov, ITS Support Manager, stated as a reminder, a recorded version of this
session would be posted to the City of Boynton Beach's YouTube channel. Links to that
channel are available on the City of Boynton Beach's website, at
www.BoyntonBeach.Org. This concludes tonight's meeting.
14. Adjournment
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Meeting Minutes
City Commission
Boynton Beach, Florida January 19, 2021
There being no further business, Mayor Grant adjourned the meeting at 9:15 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
CZ'( -
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Tammy Stan Ione
Deputy City Clerk
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