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Minutes 04-20-21 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, April 20, 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. Roll Call Deputy City Clerk Tammy Stanzione called the roll. A quorum was present. John McNally, ITS Director explained how the online meeting would proceed and how the public could participate. Invocation by Pastor Roberts of Calvary Chapel Pastor Roberts of Calvary Chapel gave the Invocation. Pledge of Allegiance to the Flag Commissioner Hay led the Pledge of Allegiance to the Flag. B. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Grant received a request to move Item 12D to be heard before Item 4A Public Audience. Mayor Grant requested to add an item to New Business 11B: Discussion on Feeding South Florida and providing a letter of support. This discussion will also take place before Item 4A Public Audience. Vice Mayor Penserga requested to add an item to New Business: Discussion on the possible creation of a Pride Crosswalk in the center of Town Square. Commissioner Katz commented that the discussion of the possible creation of a Pride Crosswalk in the center of Town Square should be added to Future Agenda. Meeting Minutes City Commission Boynton Beach, FL April 20, 2021 Vice Mayor Penserga clarified that he is only seeking consensus from the Commission. Commissioner Katz explained that he has had an issue for years with anyone trying to walk an item onto the agenda. Vice Mayor Penserga responded let's make sure the item is added to Future Agenda. 2. Adoption Motion Vice Mayor Penserga moved to approve the agenda as amended. Commissioner Hay seconded the motion. The motion passed unanimously. 2. Other A. Informational items by Members of the City Commission Commissioner Katz disclosed that he spoke with Michael Weiner on the Riverwalk item on the agenda. He also spoke to interested parties of 115. Commissioner Hay disclosed that he spoke with Michael Weiner on the Riverwalk item. He also spoke with Sean Whiteman of the Riverwalk Project. Commissioner Romelus disclosed that she spoke with Michael Weiner on the Riverwalk item. She will be talking to individuals regarding the 115 property. She also spoke with Feeding South Florida regarding the letter of support that will be discussed. Vice Mayor Penserga disclosed that he spoke with Michael Weiner on the Riverwalk item. He also spoke with Sari Vatske of Feeding South Florida. Mayor Grant disclosed that on April 8th, he attended an informational session for the Sexual Exploitation Abuse at the Child Protection Agency. He spoke with Michael Weiner. He attended the Quantum Park Overlay District meeting. April 13th, he attended the ICLEI World Conference in Malmo, Sweden. On April 15th, he attended the Transportation Planning Agency meeting and spoke with the cities north and south of the City regarding a bike share program. On April 16th, he attended Boca Raton's first responders' luncheon. On April 17th, he attended Earth Day and thanked Ms. Harvey for all her hard work. On April 19th, he spoke to Paco Velez of Feeding South Florida. Commissioner Romelus commented that she saw that the Chauvin verdict came in and she was grateful he was found guilty on all accounts. Justice has been served and this should send a message to all. Commissioner Hay commented he supports Commissioner Romelus. The City is blessed not to have experienced that level of bias. 2 Meeting Minutes City Commission Boynton Beach, FL April 20, 2021 Mayor Grant thanked Commissioner Romelus for the information. He was not aware that a verdict had come in. He commented that we cannot change the past, but we can change the future. 3. Announcements, Community and Special Events and Presentations A. Presentation on Town Square from E2L Real Estate Solutions, LLC. Presentation on Town Square was given by Mark Hefferin of E2L Real Estate Solutions, LLC. Mark Hefferin, E2L Real Estate Solutions, LLC., commented there was a slide missing. The slide depicted several partnerships that made the construction of Town Square such a success. Mayor Grant thanked Mr. Hefferin for the great work he did. Mayor Grant commented that interest rates on the bonds have gone down since 2018. He asked if there is anyway for the City to save money regarding the interest rate the bonds were issued at. Mr. Hefferin replied that he will certainly look into that. There is usually a time limit on how soon the bond can be reissued. He said he will have an answer in a day or two and will let the Mayor know. Commissioner Hay thanked Mr. Hefferin and staff for a job well done. B. Update on the Naming Rights Campaign from Charlotte Pelton & Associates. Charlotte Pelton, of Pelton and Associates, gave an update on the Naming Rights Campaign. Suzanne Ross, Board of Directors, Schoolhouse Children's Museum, thanked Mark and Kelley Hefferin for their dedication and hard work. Commissioner Romelus inquired about how will the City recognize those who donated furniture to the City. Ms. Pelton responded that there are several levels of donor recognitions. There will be recognition for every donation made no matter the size. Lori LaVerriere, City Manager, thanked Mark and Kelley Hefferin for doing what they said they would do without a hitch. Ms. LaVerriere also thanked Ms. Ross for her patience and for keeping the Schoolhouse Children's Museum viable during construction. C. Listen to presentation of the City's 2020 Comprehensive Annual 3 Meeting Minutes City Commission Boynton Beach, FL April 20, 2021 Financial Report by Scott Porter, Partner of Caler, Donten, Levine, Cohen, Porter & Veil. Scott Porter, Partner of Caler, Donten, Levine, Cohen, Porter and Veil, gave a presentation on the City's 2020 Comprehensive Annual Financial Report. D. Announcement by the Development Department regarding the implementation of a new electronic permitting solution called SagesGov that will "Go Live" to the public in May 2021. Adam Temple, Director of Development, gave a presentation on the implementation of SagesGov in the Development Department. Mayor Grant congratulated Mr. Temple on his promotion. He then inquired about what type of career path should high school and college students look into. Mr. Temple responded it varies on the job. There are planners and construction professionals in the Development Department. He listed trade schools, on-the-job training and obtaining licenses and certifications as options. Commissioner Hay inquired about the user friendliness of SagesGov. Mr. Temple replied that the program is extremely user friendly and anyone who has gone through a permitting process to date will see an immediate improvement It is very easy to follow. Staff is developing how-to videos that will be on the website that will help guide customers on how to set up accounts and move through the process. E. Announcement by Recreation & Parks Director Kacy Young regarding the Free Pet Vaccine Clinic for Dogs and Cats in partnership with the Justin Bartlett Animal Hospital at the Ezell Hester Center on Saturday April 24, from 9am-3pm. Mayor Grant informed the public that the Free Pet Vaccine Clinic for Dogs and Cats has been cancelled for Saturday, April 24th. A new date is to be determined. F. Proclaim Friday, April 30, 2021 as Arbor Day. Rebecca Harvey, Sustainability Coordinator will accept the proclamation. Mayor Grant proclaimed the 30th day of April as Arbor Day. Rebecca Harvey, Sustainability Coordinator, accepted the proclamation. The City is increasing its commitment to urban forestry with completion of the first tree canopy assessment in 2020 and the goal to expand tree canopies by 20% by 2035, which is 3K trees per year. Trees are being marked for Earth Month and Arbor Day. With the "Dress to a T" initiative, trees along Ocean Avenue and at Hester Center are dressed in beautiful fabric. The community is invited to take pictures and post on social media #gogreenboynton and will be entered in a prize drawing to green restaurants. For more information go to www.gogreenboynton.com. 4 Meeting Minutes City Commission Boynton Beach, FL April 20, 2021 G. Proclamation recognizing May 1, 2021 as Global Love Day. Mayor Grant proclaimed the 1st day of May as Global Love Day. H. Proclaim the Month of April as Autism Awareness and Inclusion Month, recognizing Love Serving Autism's contributions to the City of Boynton Beach. Lisa Pugliese-LaCroix, Love Serving Autism Founder, will accept the proclamation. Mayor Grant proclaimed the month of April as Autism Awareness and Inclusion Month. Lisa Pugliese-LaCroix, founder of Love Serving Autism, accepted the proclamation. Ms. Pugliese-LaCroix thanked the City of Boynton Beach for the proclamation. She was excited about the reopening of their tennis program on May 2nd at Barrier Free Park. Johnathan Doring, Special Olympian tennis player from Boynton Beach, requested that the City light up the water tower blue for Autism Awareness Month. Mayor Grant responded that he will have the water tower, the high school and City Hall all blue for Autism Awareness Month. I. Proclaim the month of April as Celebrate Diversity Month. Vice Mayor Penserga will accept the proclamation. Mayor Grant proclaimed the month of April as Celebrate Diversity Month. Vice Mayor Penserga accepted the proclamation. Commissioner Romelus commented that she requested the proclamation and asked that the proclamation be given to Vice Mayor Penserga. She noted that he is the only Asian American elected official in Palm Beach County. Vice Mayor Penserga thanked Commissioner Romelus for the recognition. Item 12 D below was discussed out of order. D. Proposed Resolution R21-042 - Approve and authorize City Attorney to finalize Covenant in Lieu of Unity of Title documents per Isram Riverwalk LLC request and for the City Manager and/or Mayor to sign. Motion Commissioner Hay moved to approve. Commissioner Romelus seconded the motion. The motion passed unanimously. Commissioner Hay inquired about the separation of the property. Michael Weiner, on behalf of Isram Riverwalk, LLC., replied that property is being 5 Meeting Minutes City Commission Boynton Beach, FL April 20, 2021 separated because there are several leases on the one side of the property. The bank who is lending the money for construction wants to be used for what is constructed. The bank does not want to be involved in leases or other property they have to underwrite. Item 11 B was discussed out of order. Mayor Grant requested a discussion on a letter of support for Feeding South Florida's petition against the Department of Agriculture Consumer Services. Sari Vatske, Feeding South Florida, announced that Feeding South Florida's culinary training program will officially begin on Monday with James Beard nominated Chef Lindsey Autry. Ten students will be trained during a ten-week curriculum, to help place them in the workforce. She introduced their CEO, Paco Velez and explained they are asking the City for a letter of support to petition the Department of Agriculture Consumer Services. Unfortunately, the contract, emergency food assistance program as part of the U.S.D.A, is one of their 15 federal nutrition programs that was up for bid for the first time in 10 years. Feeding South Florida has been the contract holder in Palm Beach, Broward and throughout the years on and off in Miami-Dade and Monroe counties. For more than 10 years, Feeding South Florida has been the contract holder. Each year we continued to increase our output of food. During 2020 Feeding South Florida distributed 176 million pounds of food, making them the second largest food bank in the United States behind Houston. Of those 176 million pounds that Feeding South Florida distributed, 50 million of those pounds came from the contract. Only 4 million pounds was allocated to us in a base allocation. Unfortunately, throughout this bid process, the contract was taken from Feeding South Florida on what is a very blatant and obvious arbitrary and hap-hazard scoring system. We were marked down for things blatantly included in the application. Preference was not given for things the application states would be given for and a whole host of other things. Also, the Department of Agriculture claims this is not protest able or reviewable position, which is not a position we agree with. Feeding South Florida has submitted a formal protest to the Department of Agriculture. The main result of all of this is that this is a grave decision for South Florida families. Feeding South Florida has held about 17% of the contract for the state and we drew down 37% of the state's commodities that went out into the community in the previous calendar year. The organization that won the bid has 13% of the state's contract and drew down 13.4%. Since it is a capacity issue at a time when families need us most, we feel we have a moral imperative to fight this on behalf of the 1 million families we serve. Mayor Grant stated that on behalf of the City Commission, the City will put together a letter of support on how great a job Feeding South Florida has done the past year during Covid. Before March of 2020 ended, the City and Feeding South Florida started food distributions at Ezell Hester Center. When the City realized the food distribution was too large for Ezell Hester Center, the location was moved to the Boynton Beach Mall parking lot. The other applicant has a location in Homestead, which is far from Palm Beach County. The City wants to make sure the people who scored this did it objectively and based upon Feeding South Florida's complaints and their application, there are 6 Meeting Minutes City Commission Boynton Beach, FL April 20, 2021 discrepancies. Mayor Grant asked for a motion to compile a letter of support requesting the Department of Agriculture to review at the scoring rubrics and to allocate points to Feeding South Florida where it is deserved. Motion Vice Mayor Penserga moved to approve a written letter of support from the City. Commissioner Romelus seconded the motion. The motion passed unanimously. Commissioner Katz asked to amend the agenda to immediately place Vice Mayor Penserga's request of discussion on a Pride Crosswalk. Mayor Grant responded that the item can be added to the agenda as 11C. Motion Commissioner Romelus moved to approve the agenda as amended. Commissioner Hay seconded the motion. The motion passed unanimously. 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, was upset that he did not receive his Community Support Funds from Commissioner Hay and Commissioner Romelus. Mr. Sanders also inquired about the lack of giving from the other Commissioners. Tory Orr, Boynton Beach, thanked the City Manager for the donation to fund the Juneteenth event. Mr. Orr requested that Police Chief Gregory resign immediately. Mr. Orr was upset that the police shut down the celebration of his brother's life. Mayor Grant commented that the City needs to help inform the people of the rules and regulations at the City parks. He thanked Mr. Orr for letting them know of his experience and said the City is going to work to make sure everyone's experience is better because of what he said today. Lori LaVerriere, City Manager, commented that $5,000 that Mr. Sanders mentioned earlier is not budgeted. The City has funds in the special event budget that was not utilized for the Holiday Parade. With the Commission's direction, the City will work with Mr. Sanders and utilize up to $5,000 for the Juneteenth event. Mr. Sanders needs to understand that the City has procurement rules on how that money is spent. The $400 is not the limit or the end. This was for coloring books. This is the only request that has come in. 7 Meeting Minutes City Commission Boynton Beach, FL April 20, 2021 Commissioner Hay inquired if there was a D.J. at Mr. Orr's event and did Mr. Orr have a permit. Mayor Grant stated that was a telephone conversation with Mr. Orr and the Parks Director not to bring his grill. Mr. Orr was also provided with information not to have any alcohol or amplified music or D.J. equipment. Mr. Orr did not understand the information provided or he chose not to acknowledge the information. When the police arrived, he was upset because it was not just when he started, it was after an hour or so of being there. He was not asked to turn the music off, he was asked to shut down the gathering. Commissioner Hay stated that rules and regulations of the City Parks needs to be in writing. That way there is no confusion and the City does not have conversations like this one again. Vice Mayor Penserga inquired if this has been an on-going issue at the parks. What makes this event different? City Manager LaVerriere stated that there are signs posted at all of the City Parks. The signs do cite the ordinance. This is not an issue for the City. There were clear conversations with Mr. Orr about what he could and could not do. If there had been a special event application, everything would have been in writing. This was simple communication via telephone on two occasions which is what the City normally does when people inquire whether or not they need a special event permit. The City is looking at posting simpler signs that express what is prohibited at each pavilion. Mayor Grant stated that the signs would be placed at Sara Sims first to see if that works. If the signs work there, the City will add them to all the parks. Commissioner Hay stated that whatever the City does in one park needs to be done in all parks, not just in Sara Sims Park. Mayor Grant clarified his comment that the City will post the signs to see if they work or if they need to be different. The City Manager will coordinate with Commissioner Hay on what the signs should look like. Commissioner Hay commented that this is a priority. He knows that he will be getting telephone calls from people questioning what can and cannot be done at the parks. Commissioner Katz requested a copy of the ordinance on amplified sound. He believes that maybe the ordinance needs to be reviewed and rewritten for it to be clear on what is amplified sound. Mayor Grant remarked that the Parks and Recreation Ordinances are outdated and need to be updated to today's standards. 8 Meeting Minutes City Commission Boynton Beach, FL April 20, 2021 Ace Tilton-Ratcliff, 142 SW 1 3th Avenue, requested that the crosswalk flag include trans flag colors. 5. Administrative A. Appointment of eligible members of the community to serve in vacant positions on City advisoryboards. Mayor Grant read the vacancies. Motion Commissioner Hay moved to nominate Ace Tilton Ratcliff to a regular member of the Arts Advisory Board. Commissioner Katz seconded the motion. The motion passed unanimously. B. Discussion of revisions to Advisory Board Ordinance Commissioner Katz suggested changing the language that allows the boards to select their chair and vice chair. Commissioner Hay agreed with Commissioner Katz that the Commission should not be involved with appointing the chair and vice chair to the boards. We have enough of a challenge trying to appoint people to the boards. Mayor Grant concurred with Commissioners Katz and Hay. There was a consensus that boards will have the ability to appoint their own chair and vice chair. Vice Mayor Penserga pointed out that there were additional changes made to the Ordinance. Attorney Cherof recommended that the chair and vice chair for the Planning and Development Board, Library Board and the Art Advisory Board be appointed by the City Commission. Vice Mayor Penserga agreed with Attorney Cherof that the City Commission should appoint the chair and vice chair to Planning and Development Board, Library Board and the Art Advisory Board. Commissioner Romelus suggested that the Planning and Development Board, Library Board and the Art Advisory Board appoint the chair and vice chair, then go to City Commission for ratification. 9 Meeting Minutes City Commission Boynton Beach, FL April 20, 2021 Mayor Grant suggested that the City Commission has the ability to remove a chair or vice chair from a board, allowing the boards to make appoints of chair or vice chair without having to bring before the City Commission for ratification. Vice Mayor Penserga agreed with Commissioner Romelus. He feels that Commissioner Romelus' suggestion is proactive instead of reactive. Commissioner Romelus agreed with the language that Mayor Grant suggested. The Commission should have the authority to remove a chair or vice chair. Mayor Grant clarified that the City Commission should have the authority to remove any member from a board not just the chair or vice chair. City Manager LaVerriere inquired when removing a member from chair or vice chair are they removed from the board completely or are they just being demoted to a regular member? Mayor Grant responded that the chair or vice chair, if demoted, would remain on the board as a regular member. There was a consensus that boards will have the ability to appoint their own chair and vice chair with a ratification from the Commission. The Commission will have the ability to remove any member from the board with a majority vote. Commissioner Romelus stated the other topic she would like to discuss is that the City has been trying to be more seamless and more streamlined how business is conducted in the City. The hearings before the Planning and Development Board is a dress rehearsal for companies or developers before coming to the Commission. The City needs to look at simplifying the development sequence of businesses coming to the City. This way the company or developer does not feel like they had to jump through hoops to get a final decision from the Commission. Mayor Grant disagreed with Commissioner Romelus. He said he feels that the Planning and Development Board does a great job. That extra step that the developers have to go through is important so that the citizens can voice their opinion and be heard. C. In accordance with Ordinance 20-016 Sec. 27-2 Selection of Chair and Vice Chair, the chairperson and vice-chairperson for each board shall be selected by majority vote of the CityCommission. Neither the Chair nor the Vice Chair have fixed terms. The Chair and Vice Chair shall be annually reappointed. The duties of the Chair shall be to preside at all board meetings. The Vice Chair shall perform the duties of the Chair in the Chair's absence. 10 Meeting Minutes City Commission Boynton Beach, FL April 20, 2021 Attorney Cherof suggested that the chair and vice chair be appointed at the next meeting of each board, with the understanding that the appointments are subject to ratification by the City Commission. Tabling the Item tonight will give the boards the opportunity to make their appointments and bring to the Commission for ratification. City Manager LaVerriere clarified that the appointments will not be one agenda item. The boards meet throughout the month. As the appointments are made, they will be on the following City Commission Agenda for ratification. Motion Commissioner Romelus moved to table item 5C. Vice Mayor Penserga seconded the motion. The motion passed unanimously. 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 March 16, 2021 . B. Approve revisions to the Fiscal Year 2020-2021 approved Utility Capital Improvement Plan. C. Accept surtax capital project status and CIP amendment report (Fund 303) for the 2nd Quarter of fiscal year 2020-2021 (January through March 2021). D. Accept staffs report/presentation of construction and engineering contracts over $500,000over the past five (5) years. Mayor Grant pulled Item 6D Mayor Grant thanked staff for the presentation and inquired if community involvement could be part of the scoring rubrics for awarding of contracts. Attorney Cherof stated that the City would have to be careful on how specific the language is so that everyone is playing on an equal playing field and that there could be points awarded for community involvement. Vice Mayor Penserga requested clarification on community involvement. Mayor Grant replied that the discretion of what community involvement is will be left to the vendor to decide. Vice Mayor Penserga commented that community involvement could be as simple as 11 Meeting Minutes City Commission Boynton Beach, FL April 20, 2021 volunteering at the schools. Mayor Grant responded that the community involvement does not need to be in the City, it could be anywhere. Motion Vice Mayor Penserga moved to approve the acceptance of staffs report and presentation. Commissioner Hay seconded the motion. The motion passed unanimously. E. Accept the written report to the Commission for purchases over $10,000 for the month of March2021 . F. Approve the one-year extension for RFPs/Bids and/ or piggy-backs for the procurement of services and/or commodities as described in the written report for April 20, 2021- "Request forExtensions and/or Piggybacks." G. Proposed Resolution No. R21-039 - Approve the piggy-back of the City of Boca Raton Banking Services RFP No. 2013-030 and authorize the City Manager to sign the new Agreement between the City and Bank of America; the Umbrella Agreement and the Acceptance of Treasury Services. Commissioner Hay pulled Item 6G Commissioner Hay inquired about why the City is signing an agreement with the Bank of America. Mara Frederiksen, Director of Financial Services, responded that the purpose of this agreement was to utilize the rates that are being offered through the City of Boca Raton banking services agreement. It gives the City rates lasting through 2022 which will allow the City time to put out their own RFP for banking services. Motion Commissioner Hay moved to approve. Vice Mayor Penserga seconded the motion. The motion passed unanimously. H. Proposed Resolution R21-040 - Authorize the City Manager to execute a one-year agreement with The WAG Group as primary vendor and a one-year agreement with Nationwide Interpreter Resource as a secondary vendor for American Sign Language Interpreting Services. Not to exceed amount of $25,000.00. I. Proposed Resolution No. R21-041 - Assess the cost of nuisance abatement on properties within the City of Boynton Beach. 12 Meeting Minutes City Commission Boynton Beach, FL April 20, 2021 Motion Commissioner Hay moved to approve the remainder of Consent Agenda. Vice Mayor Penserga seconded the motion. The motion passed unanimously. 7. Consent Bids and Purchases Over$100,000 A. Approve the one-year extension for RFPs/Bids and/ or piggy-backs for the procurement of services and/or commodities as described in the written report for April 20, 2021 - "Request forExtensions and/or Piggybacks." B. Approve piggyback of City of Sunrise bid #19-17-12-HR; Roof Repairs for the replacement of a portion of the Utilities Administration Building roof by Advanced Roofing, Inc. and authorize staffto issue a purchase order in the amount of $182,582.00 with the same terms, conditions, specifications and unit pricing. The City of Sunrise bid satisfies the City's procurement requirements. Motion Commissioner Katz moved to approve Consent Bids and Purchases Over $100,000. Commissioner Hay seconded the motion. The motion passed unanimously. 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. 21-014- First Reading -Approve amendment to the Future Land Use Map (LUAR 21-003) for the Knuth Road property from Local Retail Commercial (LRC) to Mixed Use Low (MXL). City-initiated. Proposed Ordinance No. 21-015- First Reading -Approve Rezoning (LUAR 21-003) of the Knuth Road property from PCD, Planned Commercial Development to SMU, Suburban Mixed Use. City-initiated. Attorney Cherof read proposed Ordinance Nos. 21-014 and No. 21-015 into the record by title only, on First Reading. Colby Barden, representing the property owners of Knuth Road, on behalf of the law firm of Serago Lipshi, inquired if the City had received a letter from the law firm of Ciklin Lubitz. Mayor Grant and Vice Mayor Penserga stated that they had not received a letter from the law firm of Ciklin Lubitz. 13 Meeting Minutes City Commission Boynton Beach, FL April 20, 2021 Mr. Barden stated that Ciklin Lubitz represents the Quail Ridge community. The community wants to be sure that the owners or future owners are aware of the SMU three times the setback rule. Mr. Barden inquired if he could highlight some of the main points of the letter. Mayor Grant responded that the letter is not part of public record, therefore he may speak on anything in the property owner's favor. The City will not hear anything against the letter at this time. Mr. Barden stated that his client's property is located within in the City of Boynton Beach and they have been tax payers a long time. Mayor Grant inquired if Mr. Barden knew how much the owners paid in property tax. Mr. Barden replied that he is not privy to that information. Mayor Grant stated that the property owners pay under$1,000 for multiple acres that they own. Mr. Barden commented that Quail Ridge is outside City limits, therefore falls under the jurisdiction of Palm Beach County and questioned if they have any legal standing in this matter. The code that Ciklin Lubitz cited under Section 4 of the City's Code titled: Height Setback Envelope. Ciklin Lubitz stated that in their letter the minimum building setbacks shall be based on building height. The height setback envelope is applicable to where the SMU development is. adjacent to a developed single-family residential zoning district. This minimum setback shall be three times the building height for any multi-family or non- residential structure. The setback should be measured from the common boundary of the SMU and the single-family residential zoning district or the midpoint of any intervening right away. Mr. Barden continued commenting that the property that is adjacent to his client's property is not zoned for single family residential use, it is zoned for agricultural residence. Its future land use is zoned for LR3 and is not zoned for single family residence. The homes to the west of the parcel are not single-family residential homes they are clearly multi-residential homes. Mayor Grant interrupted Mr. Barden to state that the City is not approving any site plans, therefore none of this is applicable to the rezoning of the property. William Langley, Chief Operating Office of the Community of Quail Ridge, stated that yesterday at 4:28 p.m. Attorney Jason Mankoff of Ciklin Lubitz forwarded an email to the City Clerk with a copy to Ed Breese and Attorney Cherof and is not sure why it was not received and available to be read into record tonight. The counsel for the owner is correct, the fact that when we came to the first meeting, a month and a half ago, and it was pulled by the City Council because they did not understand at that time what the Zoning and Planning staff was trying to do. At that meeting, it was read into record that the three 14 Meeting Minutes City Commission Boynton Beach, FL April 20, 2021 times the setback should apply. Also, the Planning and Zoning staff went to great lengths to cite in their report to the Commission that any future development would have to be done with consideration of the neighbors of Quail Ridge. We asked at that meeting and we are asking again by way of this letter that you enforce the three times the setback. It is correct Quail Ridge is zoned as agriculture residential, but Quail Ridge is a community of 946. We would like for the letter to be read into the record. Commissioner Katz clarified that the Commission is not approving site plans, therefor discussion of setbacks is premature. Mr. Langley stated that Quail Ridge received a PowerPoint prepared by the owners of the property that showed the old use plan. Under the commercial regulations it showed the setback to 75 feet and the new plan showed three rows of town homes with the setback still at 75 feet. We are simply asking you to enforce what the City rules are regarding a single-family residential that is the three times the setback. The new property owners will have the ability to go much higher than the old property owners. The height of the building we believe that is the spirit of is suggested by you planning staff when the included paying specific attention to the neighbors of Quail Ridge. Commissioner Katz replied at the appropriate meeting were a site plan is submitted this particular point would be relevant to that site plan. Mr. Langley commented when the saw that the setback was not changed that prompted the letter from Quail Ridge. Attorney Cherof emphasized that the two items on the agenda are on an amendment to future land use map and a rezoning it has nothing to do with a site plan. Also, there is no need to read a letter into the record if the letter is submitted to the clerk or to somebody in chambers to make it part of the record. Mr. Langley stated the letter was sent to the City yesterday. Attorney Cherof responded that he did not receive the letter and believes that the City Clerk did not receive the email either. The City will be happy to have a copy of the letter included in the record. As Mayor Grant pointed out, this matter is coming back again for consideration at the next Commission meeting. Motion Commissioner Hay moved to approve Ordinance No. 21-014. Vice Mayor Penserga seconded the motion. Vote Deputy City Clerk Stanzione called the roll. The vote was 5-0. 15 Meeting Minutes City Commission Boynton Beach, FL April 20, 2021 Motion Commissioner Hay moved to approve Ordinance No. 21-015. Vice Mayor Penserga seconded the motion. Ed Breeze, Planning and Zoning Administrator, clarified that the item will actually not be back at the next City Commission meeting. If the Ordinances are approved, they will be forwarded to the Department of Economic Opportunity. It could take anywhere from 30 to 45 days to review and give the City a recommendation. Vote Deputy City Clerk Stanzione called the roll. The vote was 5-0. B. 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. (Tabled to May 4, 2021) Mayor Grant stated that staff has requested that this item be removed completely from the agenda. There will be a workshop at a later date regarding this Ordinance. Motion Commissioner Hay moved to remove Item 8B from the table. Commissioner Katz seconded the motion. The motion passed unanimously. Commissioner Hay moved to have Item 8B removed from the agenda. Vice Mayor Penserga seconded the motion. The motion passed unanimously. 9. City Manager's Report A. Discussion of the 2021 4th of July Event. Eleanor Krusell, Public Communications and Marketing Director, stated that the CDC recommends to have the events but for attendees to remain six feet apart and encourage mask wearing. Ms. Krusell presented to the Commission a PowerPoint presentation on the three suggestions from staff were to have the 4th of July event. City Manager LaVerriere commented that she had received an email from the Town Manager of Ocean Ridge that stated that the Town Manager is sure that Commission will not be in favor of placing an exception for such a large event and opening up their special event process. The special event process is suspended due to Covid under their 16 Meeting Minutes City Commission Boynton Beach, FL April 20, 2021 emergency order. If the City Commission wants to go this route, the City would have to ask to be put on their May 3�1 agenda. Due to time constraints, City Manager LaVerriere recommended ruling out this option. Mayor Grant stated he is in favor of having the event at the Intracoastal Park Clubhouse. Commissioner Hay commented that he is also in favor having the event at the Intrarcoastal Park Clubhouse. Also, agreed with City Manager LaVerriere that Oceanfront Park should be ruled out. Vice Mayor Penserga agrees with having the event at the Intracoastal Park Clubhouse. There was a consensus to have the 4th of July event at the Intracoastal Park Clubhouse. B. Discuss options for a Voluntary Sustainability Payment Program for City residents and Utilitiescustomers. Mayor Grant was excited to discuss options for a Voluntary Sustainability Payment Program. It is a voluntary ability for the City to raise funds for sustainability. Rebeca Harvey, Sustainability Coordinator, gave a presentation on the Voluntary Sustainability Payment Program. Mayor Grant thanked Ms. Harvey for the presentation and inquired will there be transparency on the amount of money that is donated and what the funds will be spent on. Ms. Harvey responded absolutely and we would need a policy regarding transparency and documenting the allowed uses for the funding and the amount collected. It would be similar to the revenue collected through the green building fee on construction permits. Mayor Grant inquired would the cashiers be able to accept the funds if someone wanted to donate that way. Ms. Harvey replied that she would have to meet with utility staff to assess what staff time would be involved with collecting the funds. Mayor Grant thanked staff for all the considerations and suggested that if a donation is made by check, it has to be separate from the utility payment so there is not confusion. Vice Mayor Penserga inquired why the cost of the stand-alone button would be between $3,000 to $5,000. Interim Assistant City Manager Mack replied that there will be setup costs with the web design and to setup virtual accounts to collect the money. This is an estimate at this time and it will be refined as the City moves further along in the process. 17 Meeting Minutes City Commission Boynton Beach, FL April 20, 2021 Vice Mayor Penserga commented that it does not make sense to charge the residents for their donation. The City should not be penalizing the residents for donating. City Manager LaVerriere suggested that a statement should be made that if they are using a credit card, the service fee applies and it will be reduced off of their donation amount. Mayor Grant read the public comment from Mr. Mark Cassini, Co-Director and Co- Founder of Community Greening. Motion Vice Mayor Penserga moved to approve the staff recommendation. Commissioner Hay seconded the motion. The motion passed unanimously. 10. Unfinished Business A. JKM Developers, LLC has provided the attached monthly update for the City Commission. Mayor Grant inquired will a closed-door session be needed either in May or June before the trial date. Attorney Cherof replied yes, the closed-door can be done in conjunction with either the next City Commission Meeting or the CRA Meeting. There was a consensus to have the closed-door session before the May 4th Commission Meeting at 4:15 p.m. 11. New Business A. Mayor Grant and Commissioner Hay requested a discussion regarding adding names to the monument at Heritage Park. City Manager LaVerriere commented that staff was unsuccessful in finding anything in Laserfiche. With absence of any guidance, it would be up to the Commission on the selection of names to be added to the monument. Commissioner Hay stated that monument was dedicated in 1993 and spoke with Dr. Martha Meaks Wright who stated that the MLK Committee, when it existed, was part of this yet it really came from the Heart of Boynton (H.O.B.) Committee. Anyone could make a recommendation and state their rationale for recommending the individual. The H.O.B. Committee collected the recommendations, reviewed them and selected two names each year to go on the monument. The names to be added to the monument were announced at the banquet on Sunday night. 18 Meeting Minutes City Commission Boynton Beach, FL April 20, 2021 Mayor Grant suggested former Commissioner Mack McCray's name be added to the monument, for all his hard work he has put into the City during his terms as Commissioner. Mayor Grant stated that will speak with Willy Aikens of the H.O.B. Committee to bring to the Committee for approval, then have the H.O.B. Committee announce their decision at a City Commission meeting. Commissioner Hay agreed with Mayor Grant's recommendation. Commissioner Hay also volunteered to speak with Willy Aikens. B. Mayor Grant requested a discussion on a letter of support for Feeding South Florida. C. Vice Mayor Penserga requested a discussion on adding a Pride flag on Ocean Avenue. Vice Mayor Penserga commented that this proposal is actually part of a much greater initiative throughout the county that was brought forward by the Palm Beach County Human Rights Council. The City of West Palm Beach unanimously approved the crosswalk and it was recently completed. The City of Delray Beach will be creating their own. Vice Mayor Penserga requested to use the modern progress version of the Pride Flag where more colors are incorporated in recognition of that community. Brown and lavender have been added to be more inclusive and to acknowledge the racial diversity as well within the LGBTQ Community. The Crosswalk would be a perfect symbol to have in Town Square. It would send a great message to everybody that says no matter your background you are welcomed in the City. Vice Mayor Penserga would like to have the community involved in painting the sidewalk with the assistance of professionals. He is seeking support from the Commission to give direction to the City staff to create a Pride Crosswalk. Mayor Grant thanked Vice Mayor Penserga for having this discussion and is in favor having a Pride Crosswalk. Mayor Grant would like this request to be brought to the Art Advisory Board and weigh in on the idea and have Planning and Zoning to determine the best location for the Crosswalk. Mayor Grant suggested having the enhanced colors painted on Seacrest instead of white crosswalks. Vice Mayor Penserga stated that he did attend an Art Advisory Board meeting and hinted at the idea of a Pride Crosswalk here in the City. City Manager LaVerriere remarked that Seacrest is a County road and they have traffic standards that we would have to get approval from the County. Mayor Grant suggested Ocean Avenue and to look into what the Transportation Improvement Plan is for Ocean Avenue. He does not want to spend the money for the crosswalk if it is only going to be there for two or three years. 19 Meeting Minutes City Commission Boynton Beach, FL April 20, 2021 Commissioner Hay commented that the City needs to be careful on what is being done because of inclusion and not rush into this. He feels that others will follow and what is done for one needs to be done for all. Mayor Grant agreed with Commissioner Hay. The City should take time to assure it is done right the first time. However, June is Pride month and with the City Manager's approval, we are going to buy chalk and color the interior of a current crosswalk in rainbow colors. I do not know how long it will last, it is only a temporary measure. Vice Mayor Penserga disagreed with Mayor Grant and stated that chalk is insulting. He understood Commissioner Hay's concerns. Should it be an issue down the road, it is paint and it is not going to last forever. Many cities have already done this and there has been no problems. Commissioner Romelus stated that she supports the Pride Crosswalk. Mayor Grant clarified his suggestion on using chalk. The City does not have a planned activity for Pride month. It was a quick thought to do something in June for Pride month. Commissioner Romelus agreed that this should be done to celebrate Pride month. City Manager LaVerriere suggested letting the Art Advisory Board take the lead to plan and organize the event. Have the crosswalk done by professionals and have a community celebration around the painting of the crosswalk. Vice Mayor Penserga stated that having a large event is not the priority, making the Pride Crosswalk happen is the priority. 12. Legal A. Proposed Ordinance No. 21-011 - Second Reading - Approve Ordinance Amending Chapter 23 entitled "TAXATION, ASSESSMENTS AND FEES" to create a new Article VI, entitled"CANAL MAINTENANCE SERVICES SPECIAL ASSESSMENT" Attorney Cherof read proposed Ordinance No. 21-011 into the record by title only, on Second Reading. Motion Commissioner Romelus moved to approve Ordinance No. 21-011. Vice Mayor Penserga seconded the motion. Vote 20 Meeting Minutes City Commission Boynton Beach, FL April 20, 2021 Deputy City Clerk Stanzione called the roll. The vote was 5-0. B. Proposed Ordinance No. 21-12 - Second Reading - Approve ordinance amending Chapter 15,"Offenses-Miscellaneous" of the Code of Ordinances, by creating a new article XIV, entitled "Polystyrene Foam Waste Reduction Ordinance." Attorney Cherof read proposed Ordinance No. 21-012 into the record by title only, on Second Reading. Motion Commissioner Hay moved to approve Ordinance No. 21-012. Commissioner Katz seconded the motion. Vote Deputy City Clerk Stanzione called the roll. The vote was 5-0. C. Proposed Ordinance No. 21-013 - Second Reading - Approve proposed amendments to Ordinance No.01-66, Chapter 2, Section 2-56 "Purchasing agent, selection, duties; competitive bidding" and Section 2- 56.1 "Exceptions to competitive bidding amending purchasing threshold language. Attorney Cherof read proposed Ordinance No. 21-013 into the record by title only, on Second Reading. Motion Commissioner Hay moved to approve Ordinance No. 21-013. Commissioner Katz seconded the motion. Vote Deputy City Clerk Stanzione called the roll. The vote was 5-0. D. Proposed Resolution R21-042 - Approve and authorize City Attorney to finalize Covenant in Lieu of Unity of Title documents per Isram Riverwalk LLC request and for the City Manager and/or Mayor to sign. This item was considered earlier in the meeting. 21 Meeting Minutes City Commission Boynton Beach, FL April 20, 2021 13. Future Agenda Items A. Legislative Update from State Senator Lori Berman and State Representative Joe Casello - May4, 2021 B. ILA for Sara Sims Park Pavilion Improvements - May 18, 2021 C. Present results of the multi-jurisdictional Climate Change Vulnerability Assessment— May 2021 D. Vice Mayor Penserga has requested the Commission explore ideas for new EconomicDevelopment incentive programs - May 2021 E. Vice Mayor Penserga requested a discussion regarding a City Mural Program - May 2021 F. Hear presentation from City staff on Neighborhood Traffic Calming Program - May 2021 G. Discussion on funding for expanding Wi-Fi to City parks. - May 2021 H. Approval of Lease Agreements for City Hall Innovation Space and Cafes Operators - May 2021 I. Ordinance regarding automatic reversion back to previous zoning if a property is rezoned forplanned development and then is not developed. - June 2021 J. Monuments on City Property - June 2021 K. Mayor Grant requested information on the water quality of canal systems within the City. - June2021 Mayor Grant requested that staff talks to the cities to the North and South regarding a bike share program. He does not want this added as a Future Agenda Item. There was a consensus not to add Mayor Grant's request to Future Agenda Items. John McNally, ITS Director, 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.Boynton-Beach.Orq. This concludes tonight's meeting. 14. Adjournment There being no further business, Mayor Grant adjourned at 9:30 p.m. 22 Meeting Minutes City Commission Boynton Beach, FL April 20, 2021 CITY OF :OY, TON BE: CH %1/ � 1 ayor- Steven B. Grant Vice 4irr a ga C //m, Co rr' Justin Katz Commissioner—Wo•%row L. Hay Commis� 7— Chn i.tina Romelus ATTEST: C stal Gibson, MMC City Clerk / • /�� %►�� ammy Stanzio►e Deputy City Clerk 23