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Minutes 03-16-21 Minutes of the City Commission Meeting Held Online Via the GoToWebinar Platform and In-Person at the City Hall Commission Chambers 100 East Ocean Avenue, Boynton Beach, Florida On Tuesday, March 16, 2021, at 5:30 P.M. Present: Mayor Steven B. Grant Lori LaVerriere, City Manager Vice Mayor Ty Penserga James Cherof, City Attorney Commissioner Justin Katz Tammy Stanzione, Deputy City Clerk Commissioner Woodrow L. Hay Commissioner Christina L. Romelus 1. Openings A. Call to Order - Mayor Steven B. Grant Mayor Grant called the meeting to order at 5:32 p.m. Yury Konnikov, ITS Support Manager, explained how the online meeting would proceed and how the public could participate. Roll Call Deputy City Clerk Stanzione called the roll. A quorum was present. Invocation by Pastor Durgan of Unity Delray Beach Pastor Durgan was not in attendance. Reverend Rae Whitely gave the invocation in Pastor Durgan's absence. Pledge of Allegiance to the Flag led by Vice Mayor Penserga. Vice Mayor Penserga let the Pledge of Allegiance to the Flag. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Grant requested to add a discussion under New Business regarding the future land use of the Knuth property. Mayor Grant also requested to add as a discussion under New Business, the American Rescue Plan to decide on having a special budget workshop specifically for the American Rescue Plan on the fifth Tuesday of this month. Commissioner Katz stated that he does not agree with having discussion on the American Rescue Plan because staff has not received enough information to make any kind of decisions in the next three weeks. Also, not to ask people what they want to do before Meeting Minutes City Commission Boynton Beach, FL March 16, 2021 the City knows what is recommended and economically beneficial to the community. Commissioner Romelus stated that she agreed with Commissioner Katz. The City is going to get the money anyway and there is no need to rush the process of allocating the funds. Commissioner Romelus suggested a workshop before the April 20th Commission meeting. This will give staff time receive clear directions from the Federal Government. Mayor Grant clarified that he was asking to host a virtual workshop with the public to hear what they need, not to decide on what to do with the money. It could take time to hear from the public regarding their needs. Commissioner Hay agreed with Commissioner Romelus and Commissioner Katz. There is no need to rush this, because the City is going to get the money. Staff needs time to put this together and bring correct information to the Commission. Mayor Grant rescinded his request to add as a discussion under New Business, the American Rescue Plan. Vice Mayor Penserga inquired if staff knows when this information will be provided. Lori LaVerriere, City Manager commented that an internal workgroup has been created to read and review the numerous documents that the City is receiving on a daily basis about the American Rescue Plan. Also, the City received notification of an earmark program that will open up tremendous opportunities for the City to apply for a variety of projects. This is going to take time to allow the City to dig into the information that is being provided. The City will be attending at least three seminars and workshops on what the City can do with the money. Ms. LaVerriere suggested that staff report back to the Commission at the first meeting in April. Staff will have a better idea of the restrictions the City will be working under when the money is received and has until 2024 to spend the money. Therefore, there is time to think about what to do with the money and be thoughtful about it. 2. Adoption Motion Vice Mayor Penserga moved to approve as amended. Commissioner Hay seconded the motion. The motion passed unanimously. 2. Other A. Informational items by Members of the City Commission Commissioner Hay commented that he enjoyed the Kinetic Art Exhibit that took place on 2 Meeting Minutes City Commission Boynton Beach, FL March 16, 2021 March 6th and 7th. On Saturday, March 13th, Commissioner Hay hosted a Next Level Entrepreneur Workshop at City Hall. Vice Mayor Penserga disclosed that he spoke with Joy and Sherry, the owners of the Knuth property. Mayor Grant disclosed that on March 3rd, he attended the Suits for Seniors Golf and Give charity event. On March 4th, he attended the Mayor's Meeting with Congresswoman Lois Frankel. On March 8th, 9th and 10th, he attended the National League of Cities conference and spoke with Senator Scott, representative DeCosta Hastings as well as Congresswoman Lois Frankel. On March 10th, he met with the CDCs Further Outreach and presented to them a proclamation proclaiming March 1 0th as National Women & Girls HIV Awareness Day. On March 11th, he worked with the Chevy DTV foundation and their Screens for Success Campaign. At the event, five desktops and laptops were distributed to the community to help bridge the gap of the Digital Divide. On March 13th, he attended the Soup Kitchen's Free Pet Vaccine Event with Justin Bartlet. On March 16th, he spoke with Joy and Sherry the property owners of the Knuth property. 3. Announcements, Community and Special Events and Presentations A. Presentation from South Florida Water Management District on Year- Round Irrigation Ordinance. Robert Wanvestraut, South Florida Water Management District, gave a presentation on Year-Round Irrigation. Vice Mayor Penserga inquired how this information will be distributed to the community and when ode Enforcement would become involved. He asked how will this be executed. Andrew Mack, Interim Assistant City Manager, responded that this program will be rolled out the same way the mandatory service charge program was done. There will be a series of warnings over a month, two months, 90-day period, or whatever timeframe makes the most sense. Mayor Grant inquired about how many of the municipalities with the sixteen counties have the year-round irrigation ordinance in place. Mr. Wanvestraut responded that at this time, there are forty-one municipalities that have adopted an ordinance. Currently there are twenty-six municipalities working on an ordinance for year-round irrigation. Mayor Grant stated that he has a paper from the South Florida Water Management District titled Just the Facts and it does allow for a three-day a week watering option. Mr. Wanvestraut commented that the three-day a week watering option was put into place 3 Meeting Minutes City Commission Boynton Beach, FL March 16, 2021 because there was concern back in 2010 that some utilities were not going to be able to handle limiting the irrigation to only those days. Mayor Grant stated that he would like to start with a three-day a week watering option and slowly ease the community into the two-day a week watering regulation. Mr. Wanvestraut agreed with the Mayor with easing into this new regulation. Education will benefit reaching the goal of a two-day a week watering regulation. B. Proclamation recognizing April 2021 as Water Conservation Month for the City of Boynton Beach. Mayor Grant proclaimed the month of April as Water Conservation Month. Laura Corry, South Florida Water Management District, accepted the proclamation. The City has been a wonderful partner with the District for many years. The City has done a wonderful job promoting water conservation. C. Proclamation recognizing March 21 , 2021 , as World Down Syndrome Day in Boynton Beach. Anne Dichele, Executive Director for the Gold Coast Down Syndrome Organization in Boynton Beach, will accept the proclamation. Mayor Grant proclaimed the March 21, 2021, as World Down Syndrome Day in Boynton Beach. Anne Dichele, Executive Director for the Gold Coast Down Syndrome Organization, accepted the proclamation. Ms. Dichele thanked the City for the support of Gold Coast's efforts to build a more inclusive world. Mayor Grant commented on what great talent Zack Gottsagen has and the outstanding acting he did in the Peanut Butter Falcon movie. Ms. Dichele responded that Zack has been a member of Gold Coast organization since he was a kid and Gold Coast is so proud of him and helping develop his talent to be included in the school district. It was a big deal for him to attend Dreyfoos School of the Arts. Zack is just an example of what people can do with Down Syndrome. D. Proclamation recognizing March 2021 as Women's History Month. Commissioner Romelus proclaimed the month of March 2021 as Women's History Month. E. Announcement of Best Buddies Friendship Walk on April 24, 2021 , Citizens Adult Friendship Program, and High School to Jobs Transition Program. Maicie Ramirez, Community Engagement Manager, will make this announcement on behalf of thePalm Beach Chapter of Best Buddies 4 Meeting Minutes City Commission Boynton Beach, FL March 16, 2021 International. Maicie Ramirez, Community Engagement Manager of Best Buddies, announced the Best Buddies Friendship Walk on April 24, 2021 . Registration can be done at www.bestbuddiesfriendshipwalk.orq/palmbeach. For more information on the programs offered through Best Buddies you can contact Ms. Ramirez at MaicieRamirez@bestbuddies.orq. 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 comingbefore the City Commission) Darryl Sanders, 2001 NW 2nd Street, founder of the Chevy DTV Foundation, commented that the Screens for Success Program started in Boynton Beach. Screens for Success Program Increasing Digital Equity in Awareness (IDEA) gave away three laptops and two desktops to families. Mr. Sanders provided technical assistance to the recipients to get the computers up and running. Mr. Sanders inquired about the City helping Chevy DTV market this program. Mr. Sanders would like for the community to know about these computers and get everyone connected to the internet. Mr. Sanders also requested $250 of Community Support Funds be given to Chevy DTV by Commissioner Hay. Chevy DTV donated a virtual headset to the Library. Go to www.chevydtvfoundationinc.orq/screensforsuccess to donate or register for a used laptop or computer. Commissioner Hay commented that he will donate $300 from his Community Support Funds. Mr. Sanders thanked the marketing team for their help with organizing the Juneteenth Festival. Commissioner Romelus commented that she will donate $200 from her Community Support Funds. Sheila Gains, commented that there was a total of 205 participants for the Next Level Entrepreneur Workshop. She gave special thanks to the amazing team that made this event such a success. Joy Anderson, stated that she missed the last Commission meeting, yet attended the Planning and Development meeting the prior week where they discussed the rezoning for the Knuth Road property. The owners of the property are in support of the staff- initiated rezoning from a Local Retail Commercial to Mixed Use Low. The proposed use made by staff would be better for the community. Ms. Anderson requested that this issue be brought back to the Commission at the next meeting on April 6th to be approved. 5 Meeting Minutes City Commission Boynton Beach, FL March 16, 2021 5. Administrative A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. Commissioner Hay suggested tabling the item until the next meeting. Mayor Grant inquired about the term expirations listed in the agenda item. Deputy City Clerk Stanzione responded that people appointed to the boards today would finish this existing term and then start the two-year term on April first. Jim Cherof, City Attorney explained that you have a group of people whose term ends in 2022. There is some confusion with terms, the appointments and the reappointments. Mr. Cherof agreed with Commissioner Hay's suggestion to table the item to the next meeting. Motion Commissioner Hay moved to table item until the next meeting. Vice Mayor Penserga seconded the motion. Motion passed 4 to 1, (Mayor Grant dissenting.) Motion Vice Mayor Penserga move to amend the agenda to allow Commissioner Hay to allocate $300 of his Community Support Funds to Chevy DTV Foundation and Commissioner Romelus to allocate $200 of her Community Support Funds to Chevy DTV. Commissioner Katz seconded the motion. The motion passed unanimously. Motion Vice Mayor Penserga moved to approve Commissioner Hay's request to allocate three $300 from his Community Support Funds to Chevy DTV. Commissioner Romelus seconded the motion. The motion passed unanimously. Motion Commissioner Hay moved to approve Commissioner Romelus' request to allocate $200 from her Community Support Funds to Chevy DTV. Vice Mayor Penserga seconded the motion. The motion passed unanimously. Mayor Grant opened the floor to Tory Orr for public comment. Tory Orr, Ocean Breeze West, inquired about the $14.9 million that the City will be receiving from the American Rescue Plan. He would like for some of that money to go to 6 Meeting Minutes City Commission Boynton Beach, FL March 16, 2021 Boynton Strong, an outreach program committed to help with the growth and development of the City's youth. Mayor Grant, commented that the Commission will be discussing the American Rescue Plan at the next City Commission meeting. Mayor Grant asked Mr. Orr what he intends to do with the funds. Mr. Orr responded that the funds would be used to educate the youth that there is more to a career than just sports. Commissioner Romelus suggested that Mr. Orr send his proposal and request in writing to the Commission. Commissioner Hay gave Mr. Orr his contact information and looks forward to working together. 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 accompanyingmaterial to become a part of the Public Record and subject to staff comments A. Approve minutes from the City Commission meeting on February 16, 2021 . B. Accept the Fiscal Year 2020-2021 Budget Status Report of the General Fund and the Utilities Fund for the four (4) month period ended January 31, 2021 , unaudited. C. Accept the written report to the Commission for purchases over $10,000 for the month of February 2021 . D. Approve the one-year extension for RFPs/Bids and/ or piggy-backs for the procurement of services and/or commodities under $100,000 as described in the written report for March 16, 2021 - "Request for Extensions and/or Piggybacks." Motion Vice Mayor Penserga moved to approve the agenda. Commissioner Hay seconded the motion. The motion passed unanimously. 7. Consent Bids and Purchases Over$100,000 7 Meeting Minutes City Commission Boynton Beach, FL March 16, 2021 A. Proposed Resolution No. R21-028 - Approve an increase to the annual expenditure for additional services associated with the Landscape Maintenance Services contract for Park Sites, Bid No.:031-2730- 20/RW performed by Blue Marlin Investments, Inc. dba Cayco Landscaping in the amount of $25,000 annually for the duration of the contract. B. Proposed Resolution No. R21-029 - Approve an increase to the annual expenditure for additional services associated with the Landscape Maintenance Services contract for Facility Sites, Bid No.:032-2730- 20/RW performed by Blue Marlin Investments, Inc. dba Cayco Landscaping in the amount of $25,000 annually for the duration of the contract. Vice Mayor Penserga pulled items 7A and 7B. Vice Mayor Penserga inquired about the two contracts and the request of $25K for additional services over the next three years totaling $75K. Andrew Mack, Interim Assistant City Manager, responded that this request was part of the original approval in December. There was an oversight by staff and the City needs to increase it to $25K to cover the as needed cost every year. A tree dying or an irrigation break is not part of normal routine maintenance. The additional funds are only used if needed. Motion Vice Mayor Penserga moved to approve Resolution R21-028. Commissioner Hay seconded the motion. The motion passed unanimously. Motion Vice Mayor Penserga moved to approve Resolution R21-029. Commissioner Hay seconded the motion. The motion passed unanimously. C. Proposed Resolution No. R21-030 - Award Bid No. 003-2821-21/RW for Diesel/Propane Generator and By-Pass Pump Maintenance and Repair Service in an amount not to exceed $150,000 annually for the Utilities and Facilities Departments and authorize the City Manager to sign an agreement with Advance Generator Sales & Service, Inc. of Royal Palm Beach FL, asthe lowest responsive, responsible bidder. Motion Vice Mayor Penserga moved to approve Resolution R21-030. Commissioner Hay seconded the motion. The motion passed unanimously. 8. Public Hearing 8 Meeting Minutes City Commission Boynton Beach, FL March 16, 2021 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. Attorney Cherof administered an oath to all those wishing to speak on the following items. A. Proposed Ordinance No. 21-021 - First Reading - Approve revisions to the Workforce Housing Program (CDRV 21-001) - Amending the LAND DEVELOPMENT REGULATIONS, Chapter 1, General Administration, Article II, Definitions, and Article V, Housing Initiatives, Section 2, Workforce Housing Program. Attorney Cherof read Proposed Ordinance No. 21-021 by title only on First Reading. Amanda Radigan, Principal Planner, gave a presentation on the Workforce Housing Program. Mayor Grant inquired how this Program incentivizes the developers to build in the City. Is the City giving the developers money or is the City allowing more to be built, but it will cost the developers more than the cost of the building? Ms. Radigan responded that the fees have been lowered. If the developers go that route, the pay in-lieu of program would be the one most utilized of the three options. When building workforce housing with income restrictions, it is not just about the building. There are additional administration fees, financing issues and depreciation that happens. Therefore, a market rate developer would use the pay in lieu of option. Mayor Grant inquired if the Housing Authority is able to access funds that the City is not able to receive unless through the Community Development Block Grant (CDBG)? Ms. Radigan responded that she did not know if the Housing Authority has access to different funds. The City receives funds through the State Housing Initiatives Partnership (S.H.I.P) and from Housing and Urban Development (H.U.D.) The City has several programs such as single-family home rehab and down payment assistance for home owners. Mayor Grant inquired if order to get a 25% density bonus, the developers need to have 25% of the units dedicated for 30 years. Therefore, if the building has 100 units, 25 of the units need to be affordable. Ms. Radigan responded that units would be restricted to income levels. The affordable housing program would be used for projects that have tax credits or they are affordable housing developers. This program is not friendly towards a market rate developer looking for a density bonus. 9 Meeting Minutes City Commission Boynton Beach, FL March 16, 2021 Mayor Grant inquired about developers building half units. Ms. Radigan responded that the City does have an ordinance on half units, it is only applicable to Transit Oriented Districts (T.O.D.). A market rate developer or pay in lieu of the finances work better than either of the building programs. Mayor Grant commented that the City is not offering financial incentives for workforce affordable housing. Ms. Radigan responded that workforce affordable housing was not in the Ordinance. The programs in this Ordinance are pay in lieu of or building/construction. There is no subsidy involved within those programs. It is a bonus. Mayor Grant stated that this just does not make any sense to him. The City took away the mandatory workforce housing requirement based in 2007. These bonuses seem like they are going to cost more to implement. The financial reason that we are offering the developers an ability to build more if they receive less money did not make sense. The developer needs to be profitable. A developer is not going to lose money to build more. One of the things the Commission wanted to vote on is the payment in lieu of. The dollar amounts on the slide need to be halved approximately $41,500 for sale units or $18,300 for rental units. The cost of adding $82,000 for a mixed-use development per unit does not make sense. If a developer takes this offer, the City will get money to spend then they can adjust later. He did not believe that a developer will use the City's current program. He asked Ms. Radigan if she had information that there are developers waiting for this program to go through so that they can develop. Ms. Radigan responded that she has not spoken to a developer that has not asked how they can get more density. That is very valuable especially in the pay in lieu of program versus the building program. This does not have the same administrative long-term cost to it. It is a one-time fee that happens during construction. Regarding altering the fee, this fee is still drastically less than the county's fee and their program is mandatory, and the fee is a result of a comprehensive study that was done approximately ten years ago. There is a methodology that creates these fees based on a housing gap in funding. This does not mean that the City Commission can not alter the fee. Staff has not looked at an updated study yet, but that is why staff is reluctant to propose or recommend any changes to that fee. Instead of changing the fee, staff recommends lowering the percent of total units. Instead of the current program, 20% or 25% of total units, they lowered it to 10% and 15%. Therefore, the City is reducing the cost to participate. Mayor Grant commented what he found interesting was the study was done ten years ago. He believes that developers did not need to meet hurricane safety codes in their cost in new construction ten years ago. He supported reducing the fee by half. If a developer uses the fee, the City can adjust later. 10 Meeting Minutes City Commission Boynton Beach, FL March 16, 2021 Vice Mayor Penserga agreed with the Mayor. Vice Mayor Penserga had the same concerns about this program being optional and it seems that developers can easily ignore this if they wanted to. He asked how the fees were determined. He theorized I'm a developer and I want that 25% density bonus. Then I decide I do not want to build these units in my project and I will pay the fee. Will this amount actually lead to an offsetting of the discrepancy, the disparity of affordable units. Could we go ahead and build an affordable unit? Does that equate one-to-one? How do these numbers make sense? Mayor Grant stated that this current program is not equitable. He asked the Commission if the City should do it more on an equitable basis. For example, if the developer wants a 10% density bonus it will be this amount, if the developer wants 20% or 30% density bonus it will be this amount for 20% and this amount for 30%. The City has the ability to go that high and base it upon that sort of ability so that it is not just 25% or else. It is 10%, 20% or 30%. Vice Mayor Penserga inquired what kind of projects the Ordinance would apply to? Ms. Radigan responded that there is a methodology used to figure out these numbers. The methodology considers the cost of construction per unit, income of the area, the gap between the income and attainable housing rate and what is affordable and what the market rate is. If the Commission would like a more detailed explanation, she could provide them with one. The developers she spoke to have not complained about the fee. They have complained about dedication of units. They have complained about administrative costs, certifying income and the value of their project if they want to sell it with a dedicated deed. All of those complications around construction and the voluntary nature of this Ordinance leads to it not being used. Making the in lieu of program more appealing by lowering the amount and lowering the percent of the units they are paying for makes this a competitive program for the developers to participate in. Just about every developer had asked about this program. The developers are excited about this program and the half units. Vice Mayor Penserga inquired that the big picture is to create affordable and/or workforce housing because of the problems that were presented in Ms. Radigan's presentation. He asked if the City collecting these dollar values per sale or rental unit would solve the problem and create affordable and/or workforce housing? Ms. Radigan responded that this is a large problem that will take years to correct and additional policies to not only create mixed use affordable income but mixed income buildings and naturally occurring affordable housing. These are long-term goals. The pay in lieu of is the realist option to use to start making things better. With all of the programs available I have found three or four to be the most effective and all of them are usually run by the city, state, or federal governments. Instead of leaning on market rate developers, who it is not the business of creating affordable housing, this is creating funds for us, too. We will not be building one for one definitely. But those funds are not only for 11 Meeting Minutes City Commission Boynton Beach, FL March 16, 2021 the single unit housing. Those funds go to a slew of housing related issues: single-family and multi-family rehab as well as construction of single-family homes. Vice Mayor Penserga stated that his concern is that this is not one-to-one. One-to-one would suggest that the City is at least keeping up. So, this does not keep up with the disparity. If the Commission moves forward with this it is a step in the right direction. Commissioner Romelus inquired about how many market rate units have been built in the City in the past five years. Ms. Radigan believed that there have several hundred with current construction out west and several hundred more on the east side not constructed yet. Commissioner Romelus remarked there are hundreds in terms of market rate units. How many attainable and/or affordable have been approved by the City in the last five years? Ms. Radigan responded that the City had several projects. Most of the projects in the downtown area have been approved with extra density using the pay in lieu of program. They have not been constructed. Fees have not been collected yet. Commissioner Romelus noted that Ms. Radigan did not answer her question. She asked staff to follow up on her question, she would like to have accurate numbers. Looking at these fees, what is important is to note the Mayor's comment of lowering these fees. The $82,000 is for a for sale unit. She has not seen very many developers building for sale units in the City in a long time, nor did she see this happening in the future. It seems that the more financial savvy business is to do for rent units. Looking at the fee of the for rent units, she believed they are significantly undervalued at $36,000. She did not think the program would help incentivize developers to build attainable or affordable housing units within the downtown. This is why most of the developers have been more than willing to use the pay in lieu of fee. The ideal scenario would be that the developers would build their projects with these units within the developments. If that is the case the City is saying you do not have to build units within your development because it decreases the developers profit. Then the for rent fee should be higher. If the City is going to do anything it should be to raise the fees. She did not think it is enough of a benefit to the City and the residents. The City is responsible for how the tax dollars are used. Developers receive TIF incentives and density bonuses. The City is bending over backwards to allow developers to do what they need to do to make their profit and she thought asking for a measly $36,000 per unit was a shame. Commissioner Hay requested Ms. Radigan give an explanation on the differences between attainable, affordable and workforce housing. Ms. Radigan explained that attainable housing has to do with the percent of income that is attainable for anyone to spend on housing. For housing to be attainable, it should be within 30% of your income. The word attainable is applied to all income levels, not any 12 Meeting Minutes City Commission Boynton Beach, FL March 16, 2021 specific one. Affordable and workforce are based on income levels. The income level is divided into four different categories: very low, low, moderate and middle. Based on the median of Boynton Beach very low income is $16K to $32K. Low income is $32K to $42K. Moderate income is $42K to $64K. Middle income is $64K to $74K. Commissioner Katz commented that Ms. Radigan made an important point that the onetime buyout fee per unit is just a one-time fee. If a developer builds restricted income housing that can reduce revenue and profits for a developer for ten to twenty years or however long it is restricted, even if the cost seems high, if it is a one-time kind of buyout. Even if it saves a little bit of on the construction of the unit, it saves a good amount of money on the life of the unit in terms of future revenue and the ability to charge market rate. There is a limit to how far the government can massage the free market. The City is trying to get the free market to do something that they naturally would never do which is restrict the profitability of their product. There would be a desire to get a one-to-one trade- off. That is not an attainable free market solution, even with government intervention. If the developer is going to give the government the exact cost to make something, the developer might as well just make it themselves as opposed to buying out of it. I am in favor of moving forward with this now to see how it goes. The issue is there is a lot of ideas about how to address the housing crisis or shortage, however you want to word it in terms of affordability. If this was a mandatory program in West Palm, the developer has to build a certain percentage of affordable and workforce housing. If the developer does not, the fee has to be paid. Ms. Radigan replied Palm Beach County has the mandatory program. Commissioner Katz inquired about Palm Beach County having an ordinance that mandates a certain percentage of units built must be affordable and workforce housing. Ms. Radigan stated that the developer has to participate in their workforce program, but the developer does not need to build it within the project or within the unincorporated county limits. Commissioner Katz asked is the City is prohibited by state law to mandate that if the developer builds fifty or more units, the developer must build a certain percentage or pay the buyout. Ms. Radigan responded that the City is not prohibited from mandating this program. Commissioner Katz commented that the concerns that were raised by fellow Commissioners were if the buyout is so low that the developer will just buy out and contribute a fraction of the cost of the unit. If Palm Beach County is doing this, the City should draft a mandatory component if the goal is to get as much workforce and affordable housing as possible. This is one of those things if you do not make it mandatory, the developers are going to buy out and the more you lower the buy out the less the developers are going to build. 13 Meeting Minutes City Commission Boynton Beach, FL March 16, 2021 Commissioner Romelus indicated that she has always been of the opinion that she would like for this to be a mandatory program. When the City initially set this program up, the City wanted to be more cooperative and work with the developers. The City is in a different position at this point in time. Interest in Boynton has grown and developers are looking to build projects and units here. The City is in a better position to make more demands in the form of affordable units. If it is the will of the Commission and there is a majority, she would entertain having a conversation around making these changes more mandatory rather than an optional. Commissioner Katz agreed with Commissioner Romelus regarding the mandatory nature. The rising property values in Boynton Beach, developers return in investment and the interest in the community shows that there is more profit to be had therefor there can be more of a contribution required to achieve this initiative on behalf of the City. Developers do not like anything that takes a penny out of their profit and he did not believe developers could not get financing if they had to build 20 affordable units out of 200 The City has seen substantial development on the west side in particular and he supports the mandatory requirement. The community is profitable enough and the land is profitable enough to build as evidenced by all of the projects that should be coming out of the ground. He thought there is a lot of greed on behalf of some of the developers, particularly on the east side, that are unwilling to shave their profits by a tiny bit to do something good for the community. He reiterated he fully supports a mandatory component as long as the percentage or the percentage of units that have to be incorporated makes economic sense. Vice Mayor Penserga inquired a developer takes the density bonus is there still a net profit for the developer. Ms. Radigan responded yes, it is based on the total units. If the developer is permitted 100 units using the density bonus, the developer is now permitted 125 units. Ten percent of the 125 units must be paid for. Vice Mayor Penserga indicated that he agreed with both Commissioner Romelus and Commissioner Katz. Staff needs to explore a mandatory component. There is a lack of affordable and workforce units. He also agreed that $36K for a rental unit for pay in lieu of is a shame. He questioned how the numbers are calculated and requested staff come back and present the Commission with alternative numbers and the effects of those numbers. Commissioner Romelus responded to Vice Mayor Penserga's question regarding the net profitability for a developer. If a developer, by right is allowed to build 100 units, they will build those 100 units regardless. But if the City has a program to allow them to build 25 additional units in addition to the 100 already allowed, but of those 25 units 12 of the additional 25 have to be affordable, it would not in her opinion, remove any profitability from the developer's pocket. If anything, it makes it more profitable for them because they 14 Meeting Minutes City Commission Boynton Beach, FL March 16, 2021 are getting an additional 12 or 13 units that they wouldn't have gotten before. All the City is asking is to build 12 of these 25 units at an affordable rate for individuals who otherwise would not be able to afford the rents or the rates in the development. This is what our affordable housing or attainable housing program does currently. Ms. Radigan responded that in the pay in lieu of program, you were actually not providing any constructed affordable units. You are simply paying a fee for 12 or 13 of those units that would go in the City's housing fund. The developers get to use those units for market rate rentals or sales. The only change would be a permit cost of 13 times either 36K or 82K, depending on the product that they are building. Commissioner Romelus clarified that with this program they are getting 25 units at market rate, they just deduct the in lieu of rate off of the total amount they would have to pay. Ms. Radigan replied that the developer gets all 125 units at market rate. There is no deduction. It is a payment to the City in that amount. If you look at the pay in lieu of screen again, it says 10% of total units. The developer pays the City the thirteen times $36K. Commissioner Romelus commented the math shows the developer would pay the City approximately $500K for the pay in lieu of fees. Now instead of having 100 units as market rate units they would now develop 100 and 25 units at market rate. Ms. Radigan responded that Commissioner Romelus is correct. Commissioner Romelus commented there is nothing further to explain here. It is a great deal these developers have been receiving through this program. Although it was created to allow for more affordable housing to be built within the City, it is another loophole to allow for developers to get even more units at market rate pricing. She supported keeping this rate where it is and again and would further entertain possibly raising it. The City is not taking anything from net profit of any developer by asking for a little less, a little shy of$500K to contribute to affordable housing in the City when you are going to be creating market rate housing that will be here for decades and the developer will be making $500K hand over fist. She would approve this Ordinance revision as proposed tonight, but would give the directive and say in the motion if necessary, for staff to do the necessary work to bring back a mandatory revision to this policy they can look at, at a later time and approve it, if that is the will of the Commission. In order to keep this ball moving, keep this as is. She would like to not change the percentage, to decrease it. Now that she understands that, it did not make sense to her. She would keep the percentage as it is now. That would be the only change she would make to this proposed revision. Vice Mayor Penserga stated that this is the first reading of the Ordinance and he believes that it does not make sense to approve as is and that it would be better to wait for an updated version from staff, with the mandatory component that members of the Commission agree on and the different fee scenarios. 15 Meeting Minutes City Commission Boynton Beach, FL March 16, 2021 Mayor Grant was not happy with the way the Ordinance is proposed. It is a 25% all or nothing where we could do 10%, 20%, 30%, one-story, two-story, three-story units and make it more in line with the equitability, because the Commission is trying to have developers build here and build because this is voluntary. This is not necessarily required. From what the Commission is saying, they do not want to change the price. The developer wants a 10% density bonus, they are still stuck with the ability for the 25 units. The developer wanted more density bonus, we do not allow that, we would have to rezone a property to a higher density, because if I am mistaken, the zoning allows up to 150 units per acre. Ms. Radigan replied that the permissible units per acre is 100. Mixed use high or mixed core use zoning. The highest density in the zoning is actually 80. And this 25% increase will bring it to 100. Mayor Grant clarified to get to the mixed use high, they need to have the density bonus. Ms. Radigan stated that the zoning district allows for 80 units an acre. There is a gap between zoning or land use that allows for the bonuses. If participating in this program, the land use will allow up to 100 and not exceed that. Mayor Grant inquired that the maximum land use is 100 units per acre. There is no way for developer to get more than that. He asked if there is a developer in the mixed-use medium that needs to get more land use, they need to change it to mixed use high. Ms. Radigan replied the only way to get above your allowed density is to change your land use. Mayor Grant stated it is like mixed use high and we have that mixed use 4 district that is supposed to be the lower level than the mixed-use high. Ms. Radigan responded that there are two levels and mixed uses for land uses and each one has two zoning districts. Mixed use core allows 80 units an acre and mixed-use four allows 60 units an acre. Mayor Grant thought something was missing and asked what exactly the maximums that are currently here were as they were not included in the presentation. He asked about mixed uses and requested they have that table for the next reading for what is the mixed use suburban mixed use, mixed use 1, 2, 3, 4 and core and the land use associated with them. The Commission wants the densities that are allowed for developers. We are not getting developers more dense properties in the mixed-use medium land use. Vice Mayor Penserga suggested that Ms. Radigan provide sample calculations similar to what the Commissioner Romelus did. Ms. Radigan responded that she will include a couple examples of some of this math that 16 Meeting Minutes City Commission Boynton Beach, FL March 16, 2021 might help. Commissioner Romelus inquired if the City seen any developers express interest in this? She opined developers would always probably just want to get the maximum number of units allowed. She asked if there was anything like a tiered approach? Ms. Radigan stated that every single developer she has spoken to in her career wanted the maximum. The only time it comes below that is a physical restraint of the site that prohibits the maximum. Commissioner Hay suggested that Ms. Radigan look at what other cities are doing to see if they are doing anything similar to what the City is considering to get a feel for what others cities are doing. Commissioner Romelus requested Ms. Radigan to clarify what would be decreased as Ms. Radigan said there is a percentage they are decreasing, which she did not like Would like to know if that is a necessary change or if we can leave that alone. Ms. Radigan replied that the pay in lieu of program is tiered between 15%, 20% and 25% of the total units required for payments. It does significantly lower the fee in this version. She was unsure the way it is currently written was the best method. It does not have to be 10% and 15%. This scheme can be adopted with the base percentage being 15% of total units instead of 10%. If you are using both density and height, it could be 20% instead of the 15%. Commissioner Romelus was still unsure if she understands it correctly, but leans more towards just making it a standard 15% of all units Ms. Radigan replied that there are two options: developers are either paying 10% of total units if using only the density bonus, or they are paying 15% of total units if using both density and height. The Commission can recommend 15% or 20%. They can do 15% of total units if using density and 20% if using both density and height. There has not been immediate use of this program. There is also the option, if the Commission feels strongly about a mandatory program, to table this and bring back the version with what the Commission has requested, since the construction program probably will not be used between now and then since it has never been used. The pay in lieu program brings in more money than this version. Mayor Grant inquired if this would make it easier for developers to build higher density projects by lowering the cost for affordable or workforce housing. Ms. Radigan responded that this is for developers to participate in the program and pay the fee in order to fund the City's housing fund. Mayor Grant asked if this would reduce the cost according to our current workforce 17 Meeting Minutes City Commission Boynton Beach, FL March 16, 2021 housing ordinance? Ms. Radigan responded it did. Mayor Grant comment that if the Commission wants to make it easier for developers to build, then we would pass this as it currently states. If we want to maintain it, we would not pass it. He looked forward to having a mandatory program in the future. Commissioner Romelus inquired why this change was brought forward. Ms. Radigan responded that the reason for this Ordinance is to intensify participation in the program. At the last meeting, the Commission did not get clear direction for a mandatory program. The only other option was to increase more incentives within this program for people to participate. Once the participation has started, we can then look at raising fees and having a more robust program. Those are really the options. It is either mandatory or you create a program that people want to participate in. Commissioner Romelus inquired if the developers are participating, just not in the construction program. Ms. Radigan replied they are not participating in the construction program. The pay in lieu of had people coming in with approvals to participate, but none of those projects have made it through permitting. In reality, this program has not been used. Commissioner Romelus inquired have any developments have applied for this, but not done it? Ms. Radigan responded that Ocean One and The Villages at East Ocean did. The Town Square project was approved by the density bonus. There is interest up and down the Federal Highway corridor asking about it, but they have not approved them yet. Just about every major project the City has looked at, that is not up yet has wanted the density. Commissioner Romelus thought the projects referenced were not great examples of why this does not work and they should not base that logic off of why we need to make this ordinance easier or more attractive for developers to take advantage of. It seems like they are using it anyway and have other mitigating reasons for why they have not come out of the ground. She commented she would not be in favor of changing this Ordinance and would rather hold out and wait for more information in regards to the mandatory version of this. Mayor Grant inquired if she wanted to table it to get more information? Commissioner Romelus replied that she would not table this version and would rather vote against it or let it die. 18 Meeting Minutes City Commission Boynton Beach, FL March 16, 2021 Mayor Grant commented that If they vote against it, they cannot bring it up for eighteen months. He would rather not have a vote than to deny this. Commissioner Katz stated that he would be in favor of tabling it pending the delivery of the information and the variations that the Commission has discussed, or at least have consensus on. The goal here is to try to get this done right. There is a lot of direction that was given tonight or a lot of consensus that seems to have been established to better inform staff so they can come back with the information. Even if people come in for the max economically, it might be reasonable for a developer to say they only call 10% or 15% depending on the footprint of the property and if it raises a story or just adds units. Just so we can keep moving forward even if we tabled this so the existing ordinance can be brought back with some of the modifications that we described. Commissioner Hay inquired about the 18 months that was mentioned. Mayor Grant commented that he will discuss more of the 18 months on the Knuth property. Some of the Commission is okay with tabling it to make changes later. That is the easiest way. He is in favor of something more equitable and getting something built. He understands where Commissioner Romelus says she does not want to decrease the rates, but it is something we can change. At least I have another year to change it in case developers are over using it. He is in favor of having a more equitable scale of a 10%, 20% or 30% density bonus. The County can go up to 50% density. Motion Commissioner Romelus moved to table the item to May 4th. Vice Mayor Penserga seconded the motion. The motion passed unanimously. B. Proposed Ordinance No. 21-005- Second Reading - Approve amendment to the Future Land Use Map (LUAR 21-002) from Medium Density Residential (MEDR) to Low Density Residential (LDR) for Lawrence Road / 71st Avenue South. City-initiated. Attorney Cherof read Proposed Ordinance No. 21-005 by title only on Second Reading. Motion Commissioner Hay moved to approve. Vice Mayor Penserga seconded the motion. Vote Deputy City Clerk Stanzione called the roll. The vote was 5-0. Proposed Ordinance No. 21-006 - Second Reading - Approve Rezoning (LUAR 21-002) from PUD, Planned Unit Development to R-1A, Single- Family Residential for Lawrence Road / 71st Avenue South. City- 19 Meeting Minutes City Commission Boynton Beach, FL March 16, 2021 initiated. Attorney Cherof read Proposed Ordinance No. 21-006 by title only on Second Reading. Motion Vice Mayor Penserga moved to approve. Commissioner Hay seconded the motion. Vote Deputy City Clerk Stanzione called the roll. The vote was 5-0. C. Proposed Ordinance No. 21-009 - Second Reading - Approve amendment to the Future Land Use Map (LUAR 21-001) for Ocean Palm Plaza (formerly known as Yachtsman's Plaza) locatedat 1550 & 1600 N. Federal Highway from Special High Density Residential (SHDR) to Local Retail Commercial (LRC). City-initiated. Attorney Cherof read Proposed Ordinance No. 21-009 by title only on Second Reading. Motion Vice Mayor Penserga moved to approve. Commissioner Hay seconded the motion. Vote Deputy City Clerk Stanzione called the roll. The vote was 5-0. Proposed Ordinance No. 21-010 - Second Reading - Approve Rezoning (LUAR 21- 001) Ocean Palm Plaza (fka Yachtsman's Plaza) located at 1550 & 1600 N. Federal Highway from IPUD, Infill Planned Unit Development to C-3, Community Commercial. City- initiated. Attorney Cherof read Proposed Ordinance No. 21-010 by title only on Second Reading. Motion Commissioner Hay moved to approve. Vice Mayor Penserga seconded the motion. Vote Deputy City Clerk Stanzione called the roll. The vote was 5-0. 9. City Manager's Report - None A. Police Chief Gregory will give a follow-up presentation addressing 20 Meeting Minutes City Commission Boynton Beach, FL March 16, 2021 public safety during large gatherings and protests. Police Chief Gregory gave a follow-up presentation on public safety during large gatherings and protests. Mayor Grant commented that the no parking makes a huge difference when traveling on that road, not having the vehicles parked on the bridge. It made sure that none of the people protesting were in the road. He wanted to ensure that we have the ability to put those delineators up and that they will not affect emergency services to Bethesda. Chief Gregory replied that the police department will work with traffic engineering. He has not seen the final plan as to how they plan on spacing them out when they install them. We will certainly be cognizant of trying to leave some space. Just for a point of clarification, they were under the impression it was an emergency lane or safety zone as well. The County has informed us that it is not. It is not a safety zone and it is more of an emergency lane. It is an actual lane of traffic that is not intended for use at this time. Vice Mayor Penserga commented that the reason for having this conversation is because of the events that happened during Christmas and the burgeoning crowd and managing crowd size. He asked how this actually helps with crowd sizes and if the idea here is that the safety ambassadors would call in when the crowd is getting too big? Chief Gregory responded they would. Having their presence there would hopefully discourage those folks who may want to gather even in small crowds for illicit purposes. Before a crowd gets overly sized, having that extra on-scene, on-site and venue presence should discourage folks from bringing drugs, open containers of alcohol and the like, because it would not be allowed. While it is still just a small group, they would intervene if they got non-compliance and they would notify us. We would address it from that perspective while it was still small because there is a constant presence there on that Friday, Saturday and Sunday. Again, since it is a park and the park hours are until 10:00 P.M., when the lights go off, we cannot say there are 100 or 500 people and no more. It is not cut and dry with a limit. These are not planned events, but random impromptu gatherings that no one has been told about in advance. What happened on Christmas Day was not a planned event. There was no permit requested. There were no activities for folks that were procured and contracted for in the park. People just came to hang out on a holiday. There is nothing available to prevent people from hanging out in a public park on holidays. What the police department can do is better monitor them, create that visibility and that image of safety that someone is watching for inappropriate conduct, and that they will address it if it occurs. It will be an early warning system. That is what I am looking at these folks to be. When they start to see the character of the crowd changing, which after being there weekend after weekend after weekend, they will get accustomed to knowing what the average weekend looks like and what the average character of the folks that attend the event appear to be. Then they will be able to give us that early warning that this crowd is getting much bigger than normal so the police department can intervene if need be, before it gets to be 100 cars in the street and 1,000 people in the 21 Meeting Minutes City Commission Boynton Beach, FL March 16, 2021 park. Vice Mayor Penserga remarked that Chief Gregory phrased it well as an early warning system. He asked what kind of equipment these safety ambassadors are carrying, if they have body cameras and what are they able and not able to do. Chief Gregory responded that they will provide them with the park rules which will address normal statutory things like open containers and open alcohol, obviously, drugs, if there is gambling or something like that taking place. Again, ideally their constant presence there would discourage someone from going there in the first place and setting up camp. But in the event, someone was so bold, they would be authorized to go over and have a conversation with them to remind those folks what the rules are. They are not going to be enforcing any laws. They are not going to be making arrests. They should not necessarily have to go hands-on unless it is to save someone's life or protect someone who is in danger. They would report what they saw as inappropriate or a violation of our ordinances, laws or park rules to the police department. Then an officer would go there and address it because the folks were non-compliant with the ambassadors. Commissioner Hay inquired about the long hours the camera specialists have to sit and watch the cameras. Chief Gregory replied that the contract does spell out that they are allowed fifteen-minute breaks, they have a lunch break and they have rest room breaks that occur. They will not be there constantly. The alternative would be to bring in two of them and double that price and allow them to rotate in and out. Right now, at least to start off with, it will be okay to have one, and allow that person to take some breaks, allow them to rest their eyes and move around. But again, they kind of know what they sign up for with this type of a role. Mayor Grant inquired if the additional thirty thousand dollars was already budgeted. City Manager LaVerriere responded that it is not in the budget, but through vacancies in our salary accounts, they will be able to utilize some of that funding without any trouble to dedicate toward this. Mayor Grant stated if there is a need to take more money out of reserves for more park safety ambassadors or a second camera specialist, he would support it. He asked if businesses that are on the intersections have the ability to join the program, to help make a safer Boynton Beach? Chief Gregory responded that the police department is not up and running just yet. Staff has gone through the training on the software, referred to as the Command Central Aware program. It has a dedicated website that will allow businesses or residents to register so they can notify the police department on the website that they have a RING doorbell or some security camera at their business. If something happens in visibility they would be willing to share that information with us via thumb drive or DVD. It is a registry so we 22 Meeting Minutes City Commission Boynton Beach, FL March 16, 2021 know the camera is in the area and if something happens, our officers can look at the registry and speak to those property owners or business owners. The second element to that website has the ability of actually allowing the property or business owner to provide an IP addresses. If their system is compatible, the police department can tap right into it after an event occurs and see real-time what is going on at that location. Commissioner Hay inquired if Sara Sims will the only park that will have safety ambassadors and about the qualifications for an ambassador. Chief Gregory responded that at this time Sara Sims will be the only park implementing this program. There is a plan for a layered physical security at the other parks, such as Hester, Intracoastal Park, Harvey and others to implement cameras, blue light emergency call boxes or poles, as well as license plate readers just like at Sara Sims. This will be rolled out as part of the CIP program and CIP projects when we touch those parks for improvements. In regards to the staffing, these will not be full-time employees or even part-time employees of the City. These services are being provided directly under a contract that we have with a private business that provides PSC security services and security guards as well as the camera specialists. If anyone is interested in that type of work, they can check with PSC and see if they have vacancies or if they have any hiring that is going on. 10. Unfinished Business A. JKM Developers has provided their monthly update on the Town Square project. See attached. Commissioner Katz inquired about negotiations between the City and workforce housing noting there was never any direction or any negotiations regarding that. I know that was an idea that JKM had put forth. But there had never been any consensus on the Commission to engage in negotiations pursuant to workforce housing and TIF. City Manager LaVerriere responded that the Commission did not provide direction for staff to do that. They had two exploratory meetings as a professional courtesy with two different developers that were reached out to, she thought, by JKM. They had initial introductory meetings and basically said bring us something. Come up with some alternatives, which the Commission did ask for. and looked forward to receiving. That is the extent. We have had one meeting with each firm and staff left it at that. Commissioner Katz commented that he will not address all the attempts to characterize Covid or the litigation for reasons of the lack of financing, because the financing fell apart or did not exist years prior to Covid and years prior to the necessary litigation. The third item on their central parcel, there is a reference to redesigned plans and administrative amendments and he wanted to make sure that nothing relative to any redesign of any site plan would ever be approved on administrative amendment given the gravity of the situation involving Town Square and the failure to build these projects. He commented 23 Meeting Minutes City Commission Boynton Beach, FL March 16, 2021 any characterization as administrative amendments to site plans, would not occur and must come before the Commission. City Manager LaVerriere replied that the understanding was any changes that are made to that master plan would be of interest to the Commission and staff would bring that to you first. Attorney Cherof stated that we would expect to return anything that indicates a change in what was previously approved, including the timing of it, to the Commission for a review before approvals would be made. Mayor Grant inquired about the Commission's ability to approve or not approve minor site plan amendments. Attorney Cherof responded that these would go more to the issue of the development agreement and changes to those documents or the exhibits attached thereto. He would not want to break it down to major or minor amendments. If it has the effect of modifying what the Commission approved, the Commission will have to approve changes to it. Mayor Grant commented that sometimes after a site plan is approved, there are minor modifications made that do not come in front of the Commission. He asked if any modification to the site plan is changed to the purchase and sale agreement, we have the ability to approve or not approve them? Attorney Cherof responded it is going to be fact dependent and detail dependent. As the submittals for modification move forward and staff is reviewing them, it will also be reviewing them with the City Attorney's office. What is appropriate to move forward to you, we will move forward to you. If there is something insignificant, it may not come to you. We will take that on an issue-by-issue basis as the plans submitted are reviewed. Mayor Grant commented that there is no such thing as something insignificant, whether it is administrative, minor or major, so if there is something that is trying to be amended, he should let the Commission know about that as we are in the pending litigation. 11. New Business a. Discussion regarding Knuth Road to be put back on the agenda for April 6th Motion Commissioner Katz moved to bring back the item on April 6th. Commissioner Hay seconded the motion. The motion passed unanimously. 12. Legal 24 Meeting Minutes City Commission Boynton Beach, FL March 16, 2021 A. Proposed Resolution No. R21-031 -Approve a Fifth Amendment to the Professional Services Agreement between the City of Boynton Beach and American Traffic Solutions, Inc., d/b/a Verra Mobility ("Verra") for the Red-Light Traffic Enforcement system. Chief Gregory gave an overview of the Fifth Amendment to the Professional Services Agreement. Mayor Grant commented that he is in favor of this. As the City Commission, they can make sure that pedestrians, bicyclists, and people stopping at red-lights are safe. Commissioner Hay inquired about the cameras being high definition and what the $400 savings was. Chief Gregory responded that some cameras are and some are not. This agreement will allow the vendor to upgrade all of our cameras to be HD. The $400savings would be in the best interest of the City. The additional revenue will help the City fund the separate license plate reader system. Motion Commissioner Katz moved to approve Resolution R21-031. Commissioner Hay seconded the motion. The motion passed 4-1 (Commissioner Romelus dissenting.) B. Proposed Ordinance No. 21-004 - First Reading - Amend Chapter 26, Article III, retitling article to "Water Shortage Plan and Year-round Landscape Irrigation Conservation Measures" and adding a new Section 26-46, Year-round landscape irrigation conservation measures. (Tabled to March 16, 2021) Motion Commissioner Hay moved to have Ordinance No. 21-004 removed from the table. Vice Mayor Penserga seconded the motion. The motion passed unanimously. Attorney Cherof read Proposed Ordinance No. 21-004 by title only on First Reading. Joe Paterniti, Utility Director gave a brief presentation on Year-round irrigation. City Manager LaVerriere commented that the City may want to delay the effective date of the Ordinance and allow time for an education campaign that this Ordinance will be enforced. Mayor Grant inquired about the time period of a notice of violation. Mr. Paterniti responded that the Ordinance allows for one written warning and the next time you violate the Ordinance, there may be a fine. 25 Meeting Minutes City Commission Boynton Beach, FL March 16, 2021 Mayor Grant suggested that the residents receive two warnings. There should be more education not enforcement. He also suggested that the watering time be moved to 9 am to 4 pm. Commissioner Hay commented that the thirty days is not enough time to properly educate residents about the new Ordinance and suggested three months. Mayor Grant requested that the dog parks be exempt from this Ordinance. Motion Commissioner Romelus moved to amend as stated. Vice Mayor Penserga seconded the motion. Vote Deputy City Clerk Stanzione called the roll. The vote was 5-0. C. Proposed Resolution No. R21-032 - Extending Ordinance 20-030 to continue provisions for public meetings by use of Communications Media Technology during the COVID-19 public healthemergency. There was a consensus to extend the provisions for public meetings by use of Communications Media Technology during the COVID-19 public health emergency until June 30, 2021. Motion Vice Mayor Grant moved to approve Resolution R21-032. Commissioner Hay seconded the motion. The motion passed 4-1 (Mayor Grant dissenting.) 13. Future Agenda Items A. Presentation by Police Chief on Police Department Staffing as requested by Commissioner Katz -April 6, 2021 B. Update by Charlotte Pelton of Naming Rights Campaign for BBTS - April 6, 2021 C. Mayor Grant has requested a staff report on engineering and construction projects over $500,000. -April 6, 2021 D. Present option for management of canal assessment program - April 6, 2021 E. Voluntary Sustainability Payment on Water Bills - April 6, 2021 26 Meeting Minutes City Commission Boynton Beach, FL March 16, 2021 F. E2L Solutions to provide Town Square presentation to City Commission. - April 20, 2021 G. Presentation by the external auditors of the 2020 City's Comprehensive Annual Financial Report. -April 20, 2021. H. Appoint Chairs & Vice Chairs for City Advisory Boards per Ordinance 20- 016. - April 20, 2021 I. Staff report on history/process to add names to the Heritage Park monument - April 20, 2021 J. Present results of the multi-jurisdictional Climate Change Vulnerability Assessment — April 20,2021 K. Consider ordinance and hear presentation on education campaign regarding the prohibition of polystyrene on City Property. - April 20, 2021 L. Vice Mayor Penserga has requested the Commission explore ideas for new Economic Development incentive programs - May 2021 M. Ordinance regarding automatic reversion back to previous zoning if a property is rezoned for planned development and then is not developed. - May 2021 N. Vice Mayor Penserga requested a discussion regarding a City Mural Program - May 2021 0. Hear presentation from City staff on Neighborhood Traffic Calming Program - May 2021 P. Discussion on funding for expanding Wi-Fi to City parks. - May 2021 Q. ILA for Sara Sims Park Pavilion Improvements - June 2021 R. Monuments on City Property - June 2021 S. Mayor Grant requested information on the water quality of canal systems within the City. — June 2021 T. Discussion of LOI process for sale of City land - TBD 14. Adjournment 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.Orq. This concludes tonight's meeting. There being no further business, Mayor Grant adjourned the meeting at 9:55 p.m. 27 Meeting Minutes City Commission Boynton Beach, FL March 16, 2021 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 , �`ir ammy Stanzio Deputy City Clerk 28