Loading...
Minutes 05-17-22 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, May 17, 2022, at 5:30 P.M. Present: Mayor Ty Penserga James Stables, Interim City Manager Vice Mayor Angela Cruz Michael Cirullo, Deputy City Attorney Commissioner Woodrow L. Hay Crystal Gibson, City Clerk Commissioner Thomas Turkin (virtually) Commissioner Aimee Kelley 1. Openings A. Call to Order - Mayor Ty Penserga Mayor Penserga called the meeting to order at 5:35 pm. Roll Call City Clerk Crystal Gibson called the roll. A quorum was present. Invocation by Rev. Randy Patterson, Seacrest Presbyterian Church The Invocation was given by Rev. Randy Patterson, Seacrest Presbyterian Church. Pledge of Allegiance to the Flag led by Commissioner Woodrow Hay Commissioner Hay led the Pledge of Allegiance to the Flag. Agenda Approval: 1.Additions, Deletions, Corrections Commissioner Hay added item 3K, Status on the SJ investigation. Mayor Penserga inquired if this would be an announcement or a discussion. Commissioner Hay replied that it he would like an update and status on the investigation. Mayor Penserga added item 3L, Acknowledgement of the City Clerk. 2.Adoption Motion Meeting Minutes City Commission Boynton Beach, FL May 17, 2022 Commissioner Hay moved to approve the agenda as amended. Vice Mayor Cruz seconded the motion. The motion passed unanimously. 2. Other A. Informational items by the Members of the City Commission. Commissioner Turkin stated that he had no disclosures. He thanked the staff for making it possible for him to join virtually. Commissioner Kelley stated that she had no disclosures. She mentioned that she attended the Remembering and Healing event, on Sunday, at City Hall. Mayor Penserga stated that he attended the Roots and Wings Above and Beyond Teacher Celebration on Saturday. He mentioned that he attended the Boynton Beach Mental Health Committee's Remembrance and Healing event, on Sunday. He thanked staff and the organizers, Mrs. Klein and Commissioner Hay. Vice Mayor Cruz stated that she had no disclosures. Commissioner Hay stated that he had no disclosures. He mentioned that he did attend Feeding South Florida on Thursday, where food was distributed to nearly 800 families. He also said that he attended the Remembering and Healing event. He mentioned that this was an opportunity to come out and let our citizens know that you are not in it alone, that we are in this together and we will get through this. 3. Announcements, Community and Special Events and Presentations A. Announce the virtual Hurricane Preparedness Info. Session being held on Thursday, May 19 from 12:00-1:00 p.m. Mayor Penserga announced the event and inquired if it would be available on the City website. Jim Stables, Interim City Manager replied that it should be. B. Announce the Memorial Day Veterans Ceremony on Sunday, May 29th, starting at 2:00pm at the Boynton Beach Memorial Park Cemetery located at 1611 S. Seacrest Blvd. Mayor Penserga announced the event. C. Announcement by Interim City Manager Jim Stables recognizing the Boynton Beach City Library for being awarded the 2022 Florida Library Association 2 Meeting Minutes City Commission Boynton Beach, FL May 17, 2022 Library of the Year. Interim City Manager Stables introduced Craig Clark, Library Director. Craig Clark, Library Director, thanked the Commission for the opportunity to speak on this wonderful award the Library received. She said that they are just doing their job, yet it is nice to know that our profession has recognized our creativity, their innovated programming, and that their leadership and service to the community is up to par. He thanked his staff, and said that this is their award, and that everyone at the Library deserves this. He stated that that without the Friends of the Library they would not be able to do a lot of the things they do without their support and fundraising. He also thanked the Library Board and the City for their continued support. D. Proclaim May 15-21, 2022 as Water Reuse Week for the City of Boynton Beach. Sherry McCorkle from South Florida Water Management District will accept the proclamation. Commissioner Hay presented the proclamation. Assistant City Manager Andrew Mack accepted the proclamation on behalf of Sherry McCorkle. Andrew Mack, Assistant City Manager Public Services, stated that it was a pleasure to accept the proclamation on behalf regional wastewater plant and all of the utility workers and promoting reuse in the City and State. E. Proclaim May 18, 2022 as Haitian Flag Day and proclaim the month of May 2022 as Haitian Heritage Month. Samuel Pierre of Palm Beach Haitian Heroes, Inc. will accept the proclamation. Mayor Penserga presented the proclamation to Samuel Pierre of Palm Beach Haitian Heroes. Samuel Pierre, Palm Beach Haitian Heroes Inc., thanked the City for the proclamation. He said that there is a large celebration in Haiti on Flag Day, and that it is significant to have the Haitian Flag raised in a foreign land. He mentioned that he brought his son with him tonight to be part of this recognition. Ms. Gina recited a poem that she wrote in honor of Haitian Flag Day. F. Proclaim the month of May as Asian Pacific American Heritage Month. Mayor Penserga presented the proclamation to Takeata King Pang, Women's Foundation of Florida. Takeata King Pang, Women's Foundation of Florida, thanked the City for recognizing 3 Meeting Minutes City Commission Boynton Beach, FL May 17, 2022 Asian Pacific American Heritage Month. She stated that as an Asian American who grew up in Palm Beach County, it is impactful to be recognized. She thanked the City and the Mayor, who is one of the few Asian American elected leaders that we have in Florida, for recognizing the month. She stated that they appreciate him running for office and serving and serving as an Asian American leader. G. Proclaim Friday, June 3, 2022 as National Gun Violence Awareness Day. Wynna Dunmyer, of Moms Demand Action for Gun Sense in America will accept the proclamation. Mayor Penserga presented the proclamation to Wynna Dunmyer of Moms Demand Action for Gun Sense in America accepted the proclamation. Wynna Dunmyer, of Moms Demand Action for Gun Sense in America, thanked the City of Boynton Beach for the proclamation. She said that Moms Demand Action is an organization of people throughout the United States trying to end gun violence, and she joined a few days after the Parkland Shooting 4 years ago. She mentioned that when she joined the statistic for gun violence was 92 Americans a day, it is now up to 110 Americans a day. She stated that they wear orange because it is bright and it was Hadiya Pendleton's favorite color, and they wear orange during her birthday. She mentioned that National Gun Violence awareness Day is on June 3rd and the whole weekend there will be events throughout the County, where they will uplift the voices of gun violence survivors. She said that they are turning into a nation of gun violence survivors. She mentioned that there is a wonderful website, City Grip, that will give anyone information on how to help make a change. Casandra (last name was not given), the Aunt of Matthew Murphy Jr who was killed in Boynton Beach on Christmas Day 2020, grew up in Boynton. She said that she has seen a lot of gun violence over the years, not just her nephew, but a classmate Timmy Clemons, who was killed in Cherry Hill many moons ago. She mentioned that today marks the 4 years since her cousin was killed in a home invasion. She said that she is a survivor, and that domestic violence and gun violence go hand in hand. She stated that she does not come back to Boynton because it reminds her of too much death. She mentioned that she also works with Mothers Against Murders. She thanked Ms. Dunmyer for her continuous support, and the opportunity for her tell her story. H. Proclaim May 21-27, 2022 as National Safe Boating Week. Flotilla Commander Shari Forman will accept the proclamation. Commissioner Kelley presented the proclamation to Irwin Fried, of the US Coastguard. Irwin Fried, Flotilla Staff Officer for Public Affairs, thanked the City for its continued support. He stated that they have been blessed with a number of delightful boating days and a very large coastline. 4 Meeting Minutes City Commission Boynton Beach, FL May 17, 2022 I. Proclamations requested by Commissioner Cruz to recognize the 10th Annual Hispanic/Latino Studies Summer Institute and the FL Association of Latino Administrators and Superintendents (FL-ALAS) State Conference. Vice Mayor Angela Cruz will accept the proclamations. Commissioner Cruz presented the proclamation to Johan Tocre Johan Tocre, Army Veteran and a Neuroscience Major, said that he is honored to have been selected to accept this proclamation, and that it is important to recognize Association of Latino Administrators. He stated that in 2019 he was deployed to the Middle East, his knowledge in Neuroscience allowed him to design, develop and execute an efficient mental health program overseas, which is now the standard for all service members to attend. He said that with the goal of minimizing the reactions to operational stressors, he plans to bring this program to the City of Boynton Beach. J. The City's external auditing firm Marcum, LLP has completed the City's Comprehensive Annual Financial Report, Compliance Reports and Management Letter for the Fiscal Year ended September 30, 2021. Attached to this agenda are the final financial statements and reports. Mara Frederiksen, Director of Financial Services, with her tonight is Moises Ariza and Scott Montgomery, external auditors with Marcum LLP, and Corrine Elliot, Deputy Finance Director. She mentioned that they are here tonight to present the City's 2021 Financial Statement. Moises Ariza, Marcum LLP, reviewed certain sections of the 2021 Comprehensive Annual Financial Report. K. Status of the "SJ" Stanley Davis, Ill Investigation Commissioner Hay stated he has not heard anything on the investigation lately and would like an update. He said that he wants to make sure that this is not swept under the rug. Vanessa Snow, Interim Police Chief, provided a high-level overview of the investigation. She stated that the investigation remains ongoing, and witnesses are continuing to be interviewed. She mentioned that at this time this is all the information she is able to provide. Commissioner Hay inquired about a completion timeline. Interim Chief Snow replied that statutorily the Police Department has 180 days from the initiation of the investigation. She said that they are within the 180 days and they intend to conclude before the 180 days are up. 5 Meeting Minutes City Commission Boynton Beach, FL May 17, 2022 Commissioner Hay asked if they can safely say that it will be completed before September. Interim Chief Snow replied that is the goal. L. Acknowledgement of the City Clerk. Mayor Penserga noted that this would be the last meeting City Clerk Gibson will attend. He thanked her for the work she had done. He said that she has been nothing but professional. He commented that she has been fair, straightforward, and by the book, and that is what we need in a public servant. Crystal Gibson, City Clerk, stated that she appreciates everyone for the acknowledgment. She said that it has been a pleasure to serve the City, and that it is bittersweet because this is an excellent place to serve the public. She commented that she has enjoyed working with the City. She said that she is changing careers to be a homemaker, a.k.a. Administrator of Family and Home Affairs, to her husband and two toddlers. She stated that she looks forward to not leaving the area and possibly returning to public service one day after they are all good to go. Vice Mayor Cruz stated she thinks Ms. Gibson is phenomenal and she appreciates her. She thanked her for her service in Boynton Beach. Commissioner Hay commented that Ms. Gibson is very knowledgeable about City affairs. He stated that he knows that she will be successful in whatever she does, especially the route she is taking now. Kathryn Matos, Assistant City Manager, stated that it has been an honor and a joy to work with Ms. Gibson. She said that she has enjoyed getting to know her as human being and an employee. She stated that we are going to miss her, and that her dedication to service has been excellent. She mentioned that the incoming City Clerk has big shoes to fill. She said that she is happy that Ms. Gibson is making the right decisions for herself. 4. Public Audience Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of the Chair, this 3-minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Barbara Rubenstein, Musical Director of the Boynton Beach Gold Coast Band stated that with her today is the President of their Board of Directors. She thanked the Board for having them there today to announce their upcoming free concert on Friday, May 20th, at 7:00 p.m. at the Centennial Park amphitheater. She said that they were there just a few 6 Meeting Minutes City Commission Boynton Beach, FL May 17, 2022 months ago to receive the proclamation from the City in recognition of our 45th Anniversary season. She said that it is only appropriate that the Gold Coast band, which doctor James Puffin founded and presented its first concert in the spring of 1877 outside, will be concluding this milestone anniversary season with an outdoor concert. She stated that they are thrilled to continue the founders' vision of inspiring musicians and entertaining audiences. She commented that they are grateful to the Recreation and Parks Department, under the leadership of Casey Young and Mayor Penserga, and the City of Boynton Beach, for sponsoring this event and allowing us to perform in the new amphitheater. She stated that they are presenting this concert as a gift to the community in appreciation for its continued support. She mentioned that the concert's theme is Music Making America and will feature popular and patriotic favorites that everyone will recognize and love. She stated that there will be music by George Gershwin, Irving Berlin, the award-winning John Williams, music from the Big Band Era, Disney Classics, and Marches by John Philip Sousa. She commented that they will also be featuring Mayor Penserga as narrator on one of the songs, and we are thrilled about that. She encouraged everyone to bring their blankets, lawn chairs, maybe a picnic dinner, and come out and enjoy a wonderful evening of music by the Boynton Beach Gold Coast Band. Steve Maki, 501 NW 7th Street, Delray, stated that his two young sons go to Saint Joseph's Episcopal School here in East Boynton. He said that the school has been there for 65 years, and they have coexisted on the property there with the Church, in peace and harmony. He said that three weeks ago, the Church sent our school a Letter of Lease Non-renewal, so tonight they have all the parents and some teachers who want to share their stories on how and why that school is essential to themselves and the community. He said that the Church has not given them any reasons for why they are doing this. He said that their biggest fear is that the Church will throw the school out and then possibly bring in a developer to do some easy redevelopment project, put in million-dollar houses, and put our families out there looking for new schools. He stated that the Board are the leaders of this City, and they must understand how critical this school is to the community. He mentioned that they feel it is essential that you guys hear the history of this school, and if there ever is some opportunistic developer who wants to come through the City and take advantage of this situation, they have to go through the Commission. He said that they have to request a change of use from a school/ church into whatever they choose, so they will have to come through the Commission. He stated that use is a part of the future land use and the comprehensive use plan, so they asked that the Board support them. He mentioned that it is a wonderful community, and they are going to hear some stories tonight. James Young, he is a Boynton resident for 36 years now. He asked if he had any rights in this City, because he is a black man. He asked about his civil rights, because he went to the ER to report an accident he was in last night. He said that they failed to write exactly what he told them happened. He spoke about the pain that the was having, but they failed to give him the proper information. He stated that he left there and went to JFK, and that he waited forever to be admitted. He said that he got tired and went home, and woke up 7 Meeting Minutes City Commission Boynton Beach, FL May 17, 2022 today in the same condition, so he went to his primary doctor. He mentioned that his doctor is black doctor of Haitian descent, and while he was there, the nurse told him that he needs to get out of there. He asked what rights does he have. He is a black man, and that his dad fought in the Vietnam War. He said that his dad is a disabled Veteran. He said that he has his house from the VA, in Boynton Beach, Florida. He asked what is the problem here, and can he get some help. He mentioned that he was in a hit-and-run accident, and that he has a tag number, VIN, and a Florida registration, all from Florida. He said that he cannot get information on the person that was driving the vehicle so that he can press charges on this person. He said that if that were him, he would have been arrested and prosecuted, and they would have found him because his tag number goes back to him. He said that he called the news, the Governor, and everybody knows what's going on. John (last name was not given) stated that he is the father of a boy who goes to Saint Joseph's Episcopal School. He said that they are there as parents to say the things they should be saying, to explain what Episcopal Church management should be explaining, and doing the things they should be doing, which is protecting kids. He mentioned that it is ridiculous that they are even there to do the things the Church should be doing. He said that they were dismissed and told that they may not have a school in four months, with two weeks left in the school year. He said that there are no school options with the influx of people moving to the area the past couple of years, after a pandemic. He stated that he is lying to his son daily when he asks what will happen next year. He said that he is hoping that they get the support of the City Commission to protect one of your crown jewels, 65 years of learning since 1958. He asked that the Commission send a message that they cannot dismiss us as if we are a hot dog stand that can moved. Courtlandt McQuire, 506 Whispering Pines, stated that he is here on behalf of the parents and families of Saint Joe's School. He said that the consideration of the Sheriff's office to take over the Police duties for the City. He stated that believes that as the third-largest in the County, that decision should be brought to a referendum and let the Community vote on it, and that it should not be in the hands of the City Commission and City Manager. He stated that he has three nieces and nephews that attend Saint Joseph's School, and it is a beautiful school. He said that as a Planning and Development Board Member, he did have communications with a City Planner about this issue. He said that they were able to talk about this issue because no one has come forward for rezoning or inquiries on what they can do with the property being sold. He stated that he does not believe that anything is happening at the City level, and he encourages the City Commissioners to inquire with the City Planners to encourage them to remain transparent. Greg Murray, 916 SW 37th Court, stated that he is not a big proponent of asking for things. He said that he has two little boys who have grown up going to Saint Joseph's and have become good human beings due to the teachings and the wonderful people at the school. He stated that the Church has lost money over the last few years. He said that it is evident that we are a harmonious unit and we are stronger together. He stated that 8 I Meeting Minutes City Commission Boynton Beach, FL May 17, 2022 there are loss of funds because evidence pointing toward that has not reached the Commission level yet. He asked that when this does come before the Commission, and they can render a ruling or opinion, to please find it in their hearts to side with the families. He said that having a school that builds tiny little lives into mature, productive ones is better than 15 one-million-dollar plots for someone to live in one day. He stated that can be done in a lot of places, there is still land out there, and we do not need to succumb to development. He commented that we need to keep the school there that produces wonderful lives. Horace Waller stated that he was in a hit-and-run accident between Commercial and Oakland Park. He said that he put his name on a Police Report because he was in the backseat of a truck. He mentioned that he does a lot of community work, picking up papers and beer cans. He said that the next day he was at 227 13th, about 9:30 p.m., sitting on a curb, and four Boynton Beach Police Officers pulled up on him, and they asked him what his date of birth was. He stated that he replied and the Officer acted like he did not hear him. He explained that the Officer continued to ask him, so he stood up to make sure that everybody in the crowd would hear when he told his date of birth. and then they got physical with him and threw him in the Police car. He said that he fractured his thumb, and told him that he is going to get a citation. He said that he agreed to sign it, because he was told that if he refuses to sign, they have probable cause to take him to jail, so he agreed to sign and they still drove him off. He said that he was wondering if they were going to kill him, and once they ran his name, he was cleared. He said that he explained to them that he was just in a car accident, and they held him in a Police car for like two hours, and they made him walk home, and that he does not think that is fair. He said as Mayor, you should not want anybody in your City to be scared, and he is fearful for his life. He stated that he will follow proper procedures to get to the bottom of this, and that he feels like it was a hit put out on him. Esther Jerry, a citizen of Boynton Beach, stated that she stands with the Davis and Thompson Family trying to get justice for SJ. She said that they are calling for the firing of Officer Mark Sohn, and that she has been at the meetings since SJ's demise. She mentioned that they have had to wait almost five months, and Officer Mark Sohn is not fired. She said that they have been reaching out to the City officials to fire this Officer, because he has murdered three black men in our Community, and that they are sick and tired of it. She stated that if this were anyone of the Commission's children, she was sure this Officer would be arrested and fired by now. She mentioned that the day after Christmas, her grandkids were making rest in peace posters, and they could not enjoy their toys. She stated that five months later, and still no justice, and that if SJ looked like them, this Officer would have been fired. She questioned how this Officer could kill three people and then tell them that they have to wait 180 days for an investigation. She asked if their lives mean anything to the Board, and when is this going to be over so they can live their life. She said that this young man did not have to die, and that he died at the hands of a prejudiced officer, and they demand that he be arrested and fired. 9 Meeting Minutes City Commission Boynton Beach, FL May 17, 2022 . Holly Scott, the owner of Rusty's Caribe Cuisine food truck, stated that she is seeking assistance from the City to operate freely without the harassment of zoning. She said that she was told that there was no parking permit for food truck vendors, and that she was on private property on Federal and Ocean, and she was harassed by zoning staff that they needed to go and they needed a permit. She mentioned that the property owner was unaware that she now needed a permit to be there. She said that she is also registered as a vendor for events, however, she is rarely selected for any of the City events, and that she attended the last event for the first time. Peter Torocsik, Food and Beverage Contract in the City of Boynton Beach and Palm Beach County, stated that the City should not pay the Attorney. He said that they should wait until the court decides on this case. He said to fire the City Attorney because they called him a liar, and they lied to him and to the City. He stated that the court was never told what happened, or if there was a background check on the other vendors. Mike McConville, a father and a resident of District Ill, stated that he is here tonight to talk i about Saint Joseph's School. He said that they are preemptively there because of the I situation between the Church and the School and the underhanded way it is being handled. He stated that they expect the worst, and we suspect that something will show up on your desk, and there will be a request for a change of use. He said that unfortunately, the school has been kicked off the property, and there are legal lawsuits that will work their way through. He mentioned that it is a religious organization, and they are known for playing the long game. He said that Lang Lowery is working on behalf of the Church's special projects, and that the special project at this point is the land development of acres of prime real estate. He asked each Commissioner not to except any donated money from Lang Lowery, because we know how they operate. He said that it is not the first time the Episcopal Church has taken property from the Episcopal Community for an alternate purpose. He stated that they should think about the impacts of any future change of use, and that any modification will dramatically impact the services that need to be provided by the City. He mentioned that there is an enormous emotional group of people logic dictates that this will come before the Board. Matthew Chiodo, is an 11-year-old, fifth-grade student at Saint Joseph's Episcopal School, stated that his brother recently graduated from eighth grade. He loves Saint Joe's because it has been his home away from home for his entire life. He said that as a result, he has improved in academics, social skills, athletics, and more. He commented that this school has helped him step out of his comfort zone, encouraging him to take leading roles in plays, make beautiful art pieces and play new sports, and that the teachers there are the best, and that they make us feel safe and learning fun. He said that in addition, he loves bonding with the first graders through the reading buddies program. He asked the Board to please help us not to see the doors of this remarkable place close. Stafford (last name was not given) mentioned that he has two daughters, 19 and 15, and he had to suffer through what Epstein did here in Palm Beach County. He stated that the 10 Meeting Minutes City Commission Boynton Beach, FL May 17, 2022 Mayor needed to read the Constitution. He said that they are talking about protecting our families and about freedom of speech without shame, blame, and guilt. He stated that inflation is going through the roof, and they are handing out proclamations and awards to everybody, patting themselves on the back while we are suffering. He said that the prior Mayor is out here staring at his phone like a TikTok 20-year-old, while we are dealing with this stuff. He asked that they please stop the pandering, that it is not working. He said that we are not fighting with the black people, the Hispanic people, and the Haitian people, that the Board is making them fight with each other. He stated that the Board needs to listen to what they are talking about, and that this is not a game. He said that Biden is blowing us up while the Board keeps handing out awards to each other. Andrea Barnette, a resident of Boynton Beach for 14 years, stated that Lang Lowery is an outsider to this Community, that he is part of the Episcopal Dioceses of Atlanta, Georgia, and that he has helped churches figure out what to do with their real estate. She said that he recently met with Father Marty from Saint Joseph's Episcopal Church to discuss the future of our school. She mentioned that Lang Lowery stated in a news article, "Faith is not about God. It is also Faith in a place. The building becomes part of the Faith. What happens is that they give more money to the walls. Why would you worship walls? Why not find a cheaper place to worship and use the property for income?" She said that unfortunately, his strategy is to kick out a school, not a church, and that as parents, our job is to provide the best learning environment for our children. She stated that the temptation of greed in the current real estate market is a possibility, and that their moral and political obligation is to eliminate internal or external parties enticed in developing land. She mentioned that Saint Joseph's Episcopal School is one of the top private schools in Boynton Beach, and it would be devastating to the Community if it closes. She said that as parents, they will stop at nothing to demonstrate their strength to save this thriving school, and that they will support the Board, but will the Board support them. Chris Ciasulli, 3850 South Lake Drive, thanked Commissioner Turkin, the Vice Mayor, and the City Manager for taking their time and meeting with them as a group. He said that in this environment, you would not think it would come to this, that his wife is a teacher, and his daughter is in sixth grade at the School and she wants to graduate from there, since she has been there since she was one and does not know anything else. He stated that there is a lot of history with the Church and the School, and we have to preserve that. He said that the Board will hear from the Church how they attempted mediation with the families, but there was no mediation, because it was more of an ultimatum offer. He said that they were told that they will give the families one more year if they signed, and then they are out next year. He said to please not to believe that was real. He said that we need the City to remember that Saint Joe's is an extraordinary place, and the Church told them this past the deadlines for these children to find places to go to. Cathy Nevad stated that her mother was a founding member of the School in 1958. She mentioned that she graduated from there and she has been a teacher there since 1988, and that this school is her legacy. She said that she is not going anywhere, and for the 11 Meeting Minutes City Commission Boynton Beach, FL May 17, 2022 Board to please help them any way they can. Edwin Ross, President of Sierra Foundation, mentioned that it they are a non-profit organization that works in your Community with at-risk kids and helping students in school, working with single parents, and helping the seniors rebuild their homes. He said that they are one of the organizations that works in this City, and he is asking that the City be more transparent when receiving funds from the Government, that there are millions and sometimes even billions of dollars that seem to go to specific organizations, and the rest of us do not hear about it. He said that there are items that should be posted on the website, and they should be published in the newspaper so that everybody has the opportunity to make their proposals and try to receive some of these funds, especially an organization that is working. He stated that the more prominent organizations that deal with the City get the funds, then they partner with them to do the work. He said that they make it look good on paper, take pictures and get all the funding. He asked that the when the City receives funds from the Government, that they be more transparent so we can all have a part. Donald Turkin, Jr., mentioned that he has lived in Florida since 1976, which is over 44 years. He said that they are building too many high-rises, and that the City of Boynton voted long ago to keep a 44-foot limit. He stated that he keeps seeing the City vote around that, against the voters. He commented that our Police Department should be contracted out to the Sheriff's Department. He said that he is the gentleman that runs the freedom of speech events, and he was shot with a BB gun. He stated that he has it on video, and he reported it to the Police, and that the Police told him that they have it on video too. He said that they have the tag number, and that they told him it is a brand-new BMW out of Boca Raton, but it has been over a month now, and he was attacked. He said that if the Boynton Beach Police Department is not going to do anything, maybe we should go to the Sheriff's Department. He asked what are they going to do to keep the City safe, and that this is not the first time this has happened. He mentioned that last year he had a female drive-by four times throwing things at them, and a spray can just missed him. Mack McCray wished Ms. Gibson the best. He said that he has served under three City Clerks, and she was a breath of fresh air. He stated that some years ago, the community lost Saint Mark Catholic School for whatever reason, and tonight, we have been hearing from the citizens here in Boynton about Saint Joseph's Episcopal School. He said that when people read, the things that draw people to Boynton one of those things are the schools, and they will go elsewhere when they look under private schools and have no schools to choose from. Eric McCabe, 714 Whispering Pines Road, said that he has three children who have been through Saint Joseph's School, and they are not for profit school. He stated that they have a strong lineage, and at the end of the day the only thing they have is each other. He said that when something does come across your desk please consider the families and the Community. 12 Meeting Minutes City Commission Boynton Beach, FL May 17, 2022 Cindy Falco-Di Corrado stated that the spiritual atmosphere in Boynton Beach, as you know, we have a statue over there that is a 6-6-6, which is documentation of the mark of the beast for Boynton Beach. She mentioned that we also have on our road an LGBTQ sign, which is again segregation, it is racist against anybody who is not. She stated that these are things we paid for $14,000 plus to maintain the insignia, which is a spirit that is being put over Boynton Beach. She said that we have a school they are trying to shut down, which is a spiritual school, and she went to the prayer event, and only a handful of people came out to pray. She said that we genuinely care about Boynton Beach, and that when she hears about the separation of certain groups, they do not create that divide, that unfortunately it comes from the dais. She stated that no one can help whether they are Hispanic or not, and that they should not be ostracized because they are not. She said that if every one of the Commissioners abide by their oaths, and abide by the Constitution, we would never have division because they would understand that we are the people. She mentioned that they are limited in what you can do as leaders, and the residents gave them that authority. She said that people are pleading for their school, and as leaders, you are to go and support and stand with them, that is your duty as a sworn- in public servant. She commented that for the people who are being attacked by Police Officers and they have done no harm, that if they knew the Constitution, the Police Officer would know they cannot go up to anybody and harass them because it is unconstitutional. Mayor Penserga stepped away from the dais at 7:25 p.m. Brandon Brown, 706 Whispering Pines, said that she supports having the PBSO come in, but that the reason he is here tonight is for the school. He stated that his daughter attends School there, and his son will be attending soon. He said that he has toured other schools in the area, and that he cannot think of better use than a school. He said that we do not need more housing, it would be a colossal waste. He mentioned that we are a family community, and we need to have good schools, because we plan on being here for a long time. He said that these people are thinking about what will happen to their kids, and we have been given no answers as to why. He stated that you have to think about what you want this Community to look like, if we want a thriving school for our children. He commented that we need to think about the impact on the Community. Mayor Penserga returned to the dais at 7:28 p.m. Jeremiah Marek, 695 Chapel Hill Boulevard, stated that he has a nine-year-old son who attends Saint Joseph's, but before that, he bounced around to a few different schools. He said that when he got to this School, he had speech and reading delays, but now his son has blossomed into an A student, he is successful, happy, he is a leader, and is destined to do great things. He said that is what we want in a community, and that this community is built around the School, and if the School is impacted or moved, it will be a significant loss to this Community and the children. He said that this school has become one of the most desired private schools or Christian schools in the area, and there is no logic behind 13 Meeting Minutes City Commission Boynton Beach, FL May 17, 2022 this move besides greed. He said that when this comes to the Board, please take a heartfelt look at it and understand that putting up more housing or any development in the Community will not help the children who do not have other options right now because of the influx of people coming down here. He said that schools are filled to capacity, and there are waitlists for public and private schools, which are not in our community. He said that if we want a strong community, we have to start with education and educating children at a young age, so to get rid of a school with the great teachers and faculty and the people running the School, Boynton is going to pay for it. Madison Dakato stated that she attends Saint Joseph's Episcopal School and does not want to see it shut down. She said that she has seen a lot of students graduate and have happy lives, and does not know why they want to cancel her school, but it is not the right thing to do. She said that the Commission needs to think about the families, and that their school is so amazing, and they have the best teachers. Andrew Speeder stated that our children are the future, and children will always be the future when the time comes for the Commission to render a judgment on the zoning use of Saint Joseph's Episcopal School, and if they stand with the children. He said that they need to stand for the future and do the right thing. Carlton Ethelene commented that the school means everything to him, and he does not want the school to end. He said that the school and the Church belong together. Catlin Ciasulli, 3850 South Lake Drive, she has attended Saint Joseph's Episcopal School since she was one, and that she wants to graduate from the school. She said that her parents have asked her where she would like to go to school, and she told them she is not leaving, this is her school. She mentioned that she has learned so much at the school, and this school is her family, and all of her friends attend the school. Jacob Oyer stated that he is in fifth grade, and that he has been at the school so many years, it is his home away from home. He said that everyone there are his brothers and sisters, and he loves this school. Bryce Graham, Second Vice President of NASA, Florida Chapter, quoted Dr. Martin Luther King, "I have decided to stick with love because hate is too great a burden." He said that we see all across America and in Boynton Beach is the spirit of hate, on all levels. He said that there is hate when you have little kids crying out for their school to stay in their community, with no other options because our nation is in a crisis. Florida is in a crisis with people moving here from all across the Country. He stated that hate is when you have a Police Department full of terrorists and monsters. He commented that his mentor Doctor Dick Gregory said, "That America would watch a life, tolerate at life being taken away more than they would tolerate anything else." He said that he has come month after month demanding that you fire Officer Mark Sohn in the death of Stanley Dale Davis, Ill, a life that did not have to be taken but was taken at the hands of a prejudiced 14 Meeting Minutes City Commission Boynton Beach, FL May 17, 2022 Officer, yet, you allow him to still be on the force. He asked when will enough be enough. He said that we cannot be civil and act as if things are all right, and that we cannot act without haste and act as if things are all right. He stated that we will soon know who the people are in Boynton Beach when they rise. Christi Ward, life time resident of Boynton Beach, said that what she is hearing tonight is heartbreaking, and that it is like there is no other option. She stated that there is an option for us to self-examine ourselves, to say, what do we want that could be greater and better for the community. She mentioned that she recalled seeing a picture online of people sitting around a table, and they had very long spoons, and they could not feed themselves. She said that when you looked in these rooms, you saw one where the people were fed and one where they were starved, that they starved because they were trying to feed themselves with the long spoon, but when they took their spoon and fed one another, they were fed. She said that we can come together and make something great, that we are putting profit over people, and we are no longer looking at people as people, but the thing is, our children are our future. She asked how are we able to pass a mantle if we are constantly self-serving. She said that she does not like that these children are getting before the Board, and you can tell how intelligent they are and how they articulate, instead of just being a home inside playing video games. She said that we have to come together, and there has to be transparency, that we have to step up to be successful. She stated that we need to come together because the community is all of us, and that being a servant is not self-serving; it is serving others. Charday Hunter, SJs aunt, read the Florida Statue for reckless driving. She said that any person who drives any vehicle in a willful or in disregard for the safety of persons or property is guilty of reckless driving, and that someone fleeing a law enforcement officer in a motor vehicle is also reckless driving. She stated that Officer Mark Sohn stated his reason for pursuing SJ was that he was driving recklessly, and that SJ did not drive any vehicle in a willful or wanton disregard, nor was he fleeing law enforcement as he pulled to the gas station. She mentioned that SJ could not have been fleeing any officer, or else that would have meant that he was already being pursued before entering the gas station and being chased down unlawfully. She said that they have watched SJ pull into a gas station and driving in a very calm manner concerning the safety of others as pedestrians observed on the footage within feet of him, and there was no trailing of the officer behind him, so he was not fleeing. She commented that they also witnessed Mark's Police car watching him, preying on him on camera, and we have yet to see any footage of what Mark in the media portrayed as driving recklessly that initiated this pursuit. She said that she finds it baffling that this Officer was even being able to pursue anyone, after he caused the death of five-year-old Jaden. She said that for him to say that her nephew was reckless driving, her nephew has never killed anybody, and has not caused anybody's death or caused an accident riding his dirt bike. She stated that we all know that that Officer Mark is responsible for deaths, because he was using a vehicle in a high- speed chase in neighborhoods. She said that as of December 26th, 2021, her nephew, after Jaden's death, he should have never been able to be put in a vehicle as an Officer, 15 Meeting Minutes City Commission Boynton Beach, FL May 17, 2022 that he should have been fired from that point on, or if he had to be on the force, he should have been made a mall cop or something on foot. She said that he should have never been given another vehicle, or her nephew would have been here to this day. Jackson Doyle stated that he has been at Saint Joseph's his entire life, and that he has made friends and has improved stage performance. He said that he used to have a lot of stage fright. He mentioned that we really need to save our school, that it is important to all of them. Shannon Thompson, Stanley Dale Davis I II's mother, stated that the case is winding down to the conclusion. She said that moving forward, she will be presenting the policies and breaking them down. She mentioned that Mark not only broke the pursuit policy, he broke several policies. She said that she will be coming forth every time in the meeting and enlightening and educating the Board, so internal affairs would be able to conclude their investigation the proper way this time. She re-iterated that the policy is defined as the decision to initiate pursuit must be based on the pursuing Officer's conclusion that the immediate danger to the Officer and the public created by the pursuit is less than the immediate or potential danger to the public should the suspect remain at large. She said that the pursuit must be conducted in a non-reckless manner, emphasizing the safety of the public, human rights, and property of others. She stated that it is fair to conclude Mark Sohn felt the potential danger to the public, was by far more sufficient should the suspect remain at large, and that the suspect, who happens to be a 13-year-old honor roll scholar who had never been suspended from school and was leaving a gas station simply getting gas, was a potential danger to the public. She said that the policy also states that vehicular pursuits will be initiated only if the Officer reasonably believes the person fleeing has committed a forcible felony, which he paid five dollars for gas and feared leaving before actually pumping the gas, which is not listed under the forcible felonies that will have warranted a pursuit. She commented that any person must be conducted in accordance with the directive, and only those Officers who have received instructional training and the high-speed pursuit policy will engage in a vehicular pursuit. She said that after two prior deaths, there is no way Mark even exemplifies as a person who received instructional training in high-speed pursuits, and that he should have never even been allowed to participate in a high-speed pursuit. Bernard Wright, CEO of Bernard Wright Ministry, former candidate for Commissioner and anticipated candidate for District II in March, said that he is sure that the Commissioners are going to do the right thing. He stated that his name was inappropriately placed in an arrest document, which has caused a wildfire, calling me a snitch. He said that everyone in their system, the sheriff's system, and every sheriff from Clark County, from Boston down to Dade County, knows he has never snitched on a person. He thanked God for Chief Snow exonerating him, and said that he is alive today trying to sell it, coming out of the streets; your first-ever returning to citizen to run for an elected office stand-up. He commented that he is going to pray to see change for the better for the people. He said that he is out of District II, and he does not know what district they are from, but it does 16 Meeting Minutes City Commission Boynton Beach, FL May 17, 2022 not matter, they are from Boynton, and it is all about what is right. He mentioned that they are elected to do what is right and what is right for the people and not for themselves. He said that there is so much corruption going on in this City. He said that what he sees more need is primarily fixing this City, but that the Sheriff cannot fix it, and the Governor cannot fix it, that nobody can fix it but the community. He stated that we will stand as being a parent of our child, the Police Department, and we will make sure the Community Review Board, of which he is the President, and that it is time to recognize him as President and Latosha Clemens as Vice President. He mentioned that we will review every one of them on the force whose name comes up than any aggression or excessive force, and if that file is not where it is supposed to be, we ask that they be released, and that we are going to fix our department. Wesley Schuler, 618 NW 2nd Street, said that he is puzzled that children have to come here an tell them where they stand with these developers. He stated that he deals with developers because of his business, and developers are aggressive and whatever they want they are going to get. He said that the Board needs to make a statement on paper that you will stop whatever development that is going to go in, and that at the end of the day the school needs to stand on their own feet. He said that they are not able to and they are asking the City for help, and that it should not have to come to this point. He commented that these children are telling you that you need to do the right thing. Ernest Mignoli, 710 NE 7th Street, stated that the District II Commissioner never comes to help us. He commented that Commissioner Hay should resign, not just for the SJ case, but for the way he handle the District, and Mayor because of the way he handled District IV, and then the things that he allowed to happen for four years. He mentioned that the Mayor filed an application to run for Mayor in the name of Ty Penserga, and his name is Emir Tyrone Penserga. He said that the Mayor filed a false document, and he was sworn in by a State Attorney, and he should be recalled. He stated that the Mayor did not tell the people that he is up in Riviera Beach teaching eight to ten hours a day, and then he took over the Manager's Office. He said that the Mayor then put these evil things all over the City like he are proud of them, and that we have a no-good fireman as the City Manager now, who does nothing. He mentioned that this law firm should be fired, but they are still here, and that they are being paid millions of dollars, and that they are so corrupt, and that everything is out of Fort Lauderdale. He said that they are destroying the City. He commented that there is a Fake lawyer, fake City Manager, fake Commissioner, and a know-nothing Vice Mayor, that the Board is a disgrace. He asked what you are doing with the tie case, that he has so much information, it is fraud. Steven Grant, PO Box 424, former Mayor of Boynton Beach, thanked the Commission for being public servants on behalf of the residents in Boynton Beach. He said that the previous speaker never responded to his emails, so do not feel bad. He stated that all of the comments he was making, he never heard from the Palm Beach Post, the Sun- Sentinel, or any other news organizations making comments at the meetings. He commented that he does not know what kind of press credentials he has trying to create 17 Meeting Minutes City Commission Boynton Beach, FL May 17, 2022 his own news. He mentioned that he has fond memories of Saint Joseph's Episcopal School, and that they have entrepreneurship for the fifth graders, and it was great seeing the students run their businesses. He said that he will be at the American Rescue Plan Act funds meeting tomorrow, and that their decision is where the money goes. He said that it is not necessarily a staff decision, that the Board can choose a wonderful investment for the City. He stated that in the past, we have just covered up or tried to remove the system without really getting to the cause. He commented that he thinks the budget hearing should be advertised to allow people to speak during public comment to say what they would like to do differently through the budget, because that is the one recourse we have. He asked how do we allocate City's funds to the best use for the future. He mentioned that it has been an exciting six weeks, seven weeks, not being the Mayor, he said that he is getting back into his law practice, and his campaign for US Senate with no party affiliation. He said that he appreciates the Commission's dedication to this City, and they are making a difference for the better. He thanked the Board. Former Commissioner Christina Romelus thanked the Commission for recognizing Haitian Flag Day in Haitian Heritage Month here in May, as a Haitian American woman born in Haiti and immigrated here to this country. She said that her culture and background are of great pride to her and her fellow Haitian nationals, and that this time of year they celebrate greatly. She thanked the City staff for raising the flag tomorrow in honor of that. She said that she will miss City Clerk Gibson, that she filled in some big shoes taking over for our previous Clerk Judy Pyle, and she has done a tremendous job and has always been the epitome of excellence and grace. She congratulated her and her family. She stated that she knows Crystal has beautiful babies at home, and she will be spending lots of time taking care of those babies, and she wishes her the best with whatever comes next. She thanked the Commission for the work that they continue to do, and she knows it is not easy to sit for numerous hours and listen to comments, especially those that are negative or derogatory, especially when you feel that you are making decisions for the betterment of the City. Gregory Hartmann,1083 25th Place, stated that City Clerk Gibson would be missed. He said that she was a great asset to the City and a great person, that he got to know her over the last year and wants to wish her well in her future endeavors. He mentioned that he is a small business owner who does video and marketing, and he knows what it is like to attract small businesses. He stated that many of his peers are in the smaller startup industry. He commented that he believes in the mission statement of the CRA, and he would like to help further, as a civil servant, helping our City. He said that he believes there is an appointment tonight, and he is throwing his name in the hat. He said that he is doing as much as he can to serve the community currently, and he thinks this would be a significant step to help bring a positive impact. He commented that he believes he will be a vital asset to the City on the CRA Advisory Board, and he would appreciate the opportunity. Kurt Denninghoff stated that he works for a company called inspector.com, that they are 18 Meeting Minutes City Commission Boynton Beach, FL May 17, 2022 a company that provides a virtual inspection under the new building Statute, 553791 . He said that in light of all the people moving to Florida and all the new construction, they are working with many different Commissions and Building Departments across the State to provide private inspections. He stated that he would love to meet with the City about how we can better work together, and that it is better for businesses, small businesses, and the constituents who can use our service. He asked how he would like to know the best way to go about that. Sheila Gaines, 2500 Gateway Boulevard, commented that in the first year of the Covid- 19 pandemic, the global prevalence of invitee and depression increased by 25%. She said that in 2019 just before the Covid-19 pandemic, 19.86% of adults experienced a mental illness, equivalent to nearly 50 million Americans. Suicidal ideation has continued to increase among adults in the US, and that over half of adults with mental illness do not receive treatment, which totals over 27 million adults in the US who will go untreated. She said that over 60% of the youth with major depression do not receive any mental health treatment, and both adults and youth in the US continue to lack adequate insurance. She said that rates of substance abuse use are increasing for youth and adults, and that even before the Covid-19 pandemic, over 2.5 million people in the US had severe depression, and the youth are at greater risk. She said that she trained counselors' centers along the Healthier Boynton and they have created a therapeutic healing space, and a mental health care space for the community of Boynton Beach. She mentioned that they facilitate casual conversations with the primary therapist at Sara Sims Park every Thursday from 5:30 p.m. to 6:30 p.m., and that all are welcome to join, and that mental health does matter. She stated that she empathizes with the children and their school, and she hopes that the Commission hears their cries. She said that she empathizes with the young man with the situation with the Police Officer, and she hopes the Commission reaches out to him. She commented that we are here to help heal our communities. Vanessa Belmonte, 100 NE 6th Street, stated that she supports the height restrictions and an advocate for no more high-risers. She commented that she demands transparency when the City takes donations from developers, and that every candidate on that Board right now, except for Commissioner Turkin, has received donations from developers. She said that we all know that there is a plan to develop the land that Saint Joseph Episcopal School is on, and she encourages everyone to keep coming to the meetings because it will be on the docket soon. She mentioned that Downtown Delray is thriving without tall buildings, and we do not need high-rises to be thriving, that we need to be focusing on our current infrastructure it can no longer handle the continued density. Commissioner Turkin stated that one of the reasons he ran for this office was to make sure that the people who live in the City are heard, first and foremost, over any other special interests' organization, developer, or any outside group. He said that his heart goes out to all the parents that spoke earlier today, he cannot imagine what they are going 19 Meeting Minutes City Commission Boynton Beach, FL May 17, 2022 . through, since he is not a parent. He stated that what he can tell everyone is that he will hold his promise of making sure that the children and families are looked into first before anybody else. He commented that he would like to hear from his colleagues within reason, he thinks they share that same vision that we are here for the people. He said that we are here for the families, and for the children. Mayor Penserga agreed with Commissioner Turkin. He mentioned that seeing how this is affecting the children and their families is heartbreaking. He said that as an educator, he wants this school to stay as much as possible, and he supports them, and that the last thing the City needs is to lose another great school. He stated that he spoke with many of the parents, and he has spoken with the area superintendent Dr. Peter LaCata, who told him about the situation and asked him what can be done. He commented that Dr. LaCata stated we could assemble a team to meet and work with the families to make sure they find a school. He said that he has spoken with the school principal, who has asked him to hold off until all efforts have been exhausted. He mentioned that he wants the families to know that the School District, in partnership with the City, is here to assist in what way we can. He said that to his knowledge, there is no item brought before us, so this may be premature. Deputy City Attorney Cirullo reminded the Commission that this matter is in litigation and would not want the Commission to comment on any case that is in litigation. He said that to his knowledge and the knowledge of the City Administration, there are no applications pending. Mayor Penserga thanked the families who came to the meeting. He said that he wants them to know that they have been heard and we empathize with you. Commissioner Hay agreed with Mayor Penserga. He said that they are for the kids and trying to keep the school open, and just like other cases that are going on, we must be careful on what we say here because of the litigation. He stated that he is willing to work with the School Board to make this happen. He mentioned that he would like more information from legal about this, he is all for keeping the school open. Commissioner Kelley stated that as a parent, she cannot imagine being in that place, where you are given a last-minute announcement that you have to figure out what to do with your kids. She said that in a time when everything is full and chaotic, this school should be the place where kids find safety, comfort and stability. She mentioned that she hopes that this can get resolved for the benefit of the children, and she supports her colleagues and to do what is in our ability. Mayor Penserga recessed the meeting at 8:20 p.m. The meeting was reconvened at 8:30 p.m. 5. Administrative 20 Meeting Minutes City Commission Boynton Beach, FL May 17, 2022 A. Ms. Barbara Ready is term limited as a Board Member on the Historic Resources Preservation Board and has requested that the City Commission consider her re-appointment. Mike Cirullo, Deputy City Attorney, stated that Ms. Ready is asking to be reappointed. The City code provides an expectation that allows the Commission to extend the term limit. Commissioner Hay stated that he supports extending the term, Ms. Ready has a passion for the Historic Resources Preservation Board. He stated that there are three openings on the Board. If we were to reappoint Ms. Ready we would not be impeding anyone from joining the Board. Mayor Penserga agreed with Commissioner Hay. Motion Commissioner Hay moved to reappoint Barbara Ready as a regular member to the Historic Resources Preservation Board. Vice Mayor Cruz seconded the motion. The motion passed unanimously. Commissioner Kelley stated that she supports the decision. She has spoken with Ms. Ready on a couple of occasions. She commented that Ms. Ready is someone who knows everything you could want to know about the history of the City and she is an asset to our City and the Board. B. Annual appointment and reappointment of eligible members of the community to serve in vacant positions on City Advisory Boards. Motion Commissioner Hay moved to nominate Joe Josemond as a regular board member to the Building Board of Adjustments and Appeals. Vice Mayor Cruz seconded the motion. The motion passed unanimously. Motion Commissioner Hay moved to nominate Pernell Davis as a regular board member to the Community Redevelopment Agency Advisory Board. Vice Mayor Cruz seconded the motion. The motion passed unanimously. Motion 21 Meeting Minutes City Commission Boynton Beach, FL May 17, 2022 Commissioner Hay moved to nominate Rhonda Sexton as a regular board member to the Historic Resources Board. Vice Mayor Cruz seconded the motion. The motion passed unanimously. Motion Vice Mayor Cruz moved to nominate Thomas Ramiccio as an alternate board member to the Planning and Development Board. Commissioner Turkin seconded the motion. The motion passed unanimously. Motion Commissioner Hay moved to nominate Suzanne du Pont as a regular board member to the Recreation and Parks Board. Commissioner Turkin seconded the motion. There was no vote. Vice Mayor Cruz inquired about current board member Ms. Pierce-Roe who is seeking reappointment for a second term. She asked if the Commission wanted to support the current board member. Commissioner Hay asked if there was a second position to the board as he was having technical difficulties with his computer screen. Mayor Penserga stated that there is only one appointment on the list. Commissioner Hay stated he thought there were two appointments and he would like to reappoint Elizabeth Pierce-Roe. Motion Commissioner Hay moved to reappoint Elizabeth Pierce-Roe as a regular member to the Recreation and Parks Board. Vice Mayor Cruz 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 accompanying material to become a part of the Public Record and subject to staff comments A. Proposed Resolution No. R22-064- Authorize the Mayor to sign a land use agreement between the City of Boynton Beach and Journey Church for the 4th of July event on Monday, July 4, 2022. 22 Meeting Minutes City Commission Boynton Beach, FL May 17, 2022 Proposed Resolution No. R22-065 - Authorize the Mayor to sign a land use agreement between the City of Boynton Beach and 3301 Quantum Owner LLC for the 4th of July event on Monday, July 4, 2022. Proposed Resolution No. R22-066 - Authorize the Mayor to sign a land use agreement between the City of Boynton Beach and BB1 Development LLC for the 4th of July event on Monday, July 4, 2022. B. Proposed Resolution No. R22-067 - Accept EMS grant funds from Palm Beach County for fiscal year 2021-2022 and authorize the Interim City Manager to sign the Grant Agreement. C. Proposed Resolution No. R22-068 - Authorize the Interim City Manager to sign a Grant Agreement for the Marketing and Digital Connectivity Small Business Grant Program funding in the amount of $2,500 for Brothers Catering Services LLC located at 411 S Federal Highway, Boynton Beach, FL 33435. D. Proposed Resolution No. R22-069 -Authorize the Interim City Manager to sign a Grant Agreement for the Marketing and Digital Connectivity Small Business Grant Program funding in the amount of $2,322.01 for J & I Optical, LLC located at 1034 Gateway Blvd. Suite 106, Boynton Beach, FL 33426 E. Proposed Resolution No. R22-070 - Authorize the Interim City Manager to sign an interlocal agreement between the Palm Beach County Sheriff and the City of Boynton Beach, Florida, pertaining to the Operation Stonegarden Grant Program subject to the approval of the City Attorney. F. Legal Expenses - April 2022 - Information at the request of the City Commission. No action required. G. Approve minutes from the April 26, 2022 City Commission special meeting, May 3, 2022 City Commission meeting and May 7, 2022 City Commission workshop meeting. Motion Commissioner Kelley moved to approve Consent Agenda. Vice Mayor Cruz seconded the motion. The motion passed unanimously. 7. Consent Bids And Purchases Over $100,000 23 Meeting Minutes City Commission Boynton Beach, FL May 17, 2022 A. Proposed Resolution No. R22-071 - Approve a Progressive Design-Build Phase 1 agreement with PCL Construction, Inc. for the Lift Station 317 Major Upgrade project in the amount of $490,740.00 and authorize the Interim City Manager to sign the agreement. B. Approve a task order with Johnson-Davis, Inc. for the West Water Treatment Plant Diesel Tank Piping project in the amount of $106,500.00. Motion Commissioner Hay moved to approve Consent Bids and Purchases over $100,000. Vice Mayor Cruz 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. Deputy City Attorney Cirullo, swore in those who intended on speaking or giving testimony on this application and stated how the hearing would proceed. A. Approve request for Major Site Plan Modification (MSPM 22-003) to the Publix Distribution Center to allow for the construction of a ±571,558 square foot warehouse building expansion and associated site improvements on a 63.79 acre site, located at 5500 Park Ridge Boulevard, in the PID (Planned Industrial Development) zoning district. Applicant: Randolph Barber, Publix Super Markets, Inc. Jamie Crowley, Gunster Law Firm on behalf of Publix Supermarkets, Jason Bamberger, Publix Supermarkets Director of Warehousing, and Josh Lockhart, Senior Facilities Engineer for Publix Supermarkets, gave a presentation on the Major Site Plan Modification request. Mr. Crowley explained why they are requesting to expand an existing facility constructed in 1989. They have been meeting with staff and working hard without requesting any deviations or waivers from the Code. They have worked hard to take a nonconforming site and improve it aesthetically and functionally. Pedestrian amenities and other amenities for employees are being provided; this is a secure facility with trucks coming in and out. It is not a typical Non-Residential Commercial Center where people are coming in and out all the time; it is a manned security Distribution Center. They worked with staff and went through the process to meet the intent of the Code in terms of the design and layout for employees. 24 Meeting Minutes City Commission Boynton Beach, FL May 17, 2022 Mr. Bamberger provided a brief history of Publix stores and Distribution Centers. Their goal is to provide premier customer service to each customer and the communities. This expansion will allow them to service South Florida communities with necessities during national disasters. It is an avenue to have inventory locally to be able to distribute. Currently, items are housed or transported from Lakeland, Florida. After the Boynton store orders the products, it takes 12 hours for the order to process in the warehouse, then it is loaded, shipped, and relayed to Boynton Beach. The entire process is about three days. This project would allow a turnaround time of one day from the time the product was out of stock to the time it was back on the shelf. They are asking for an expansion of 571,000 square feet, which will give them more of an ability to effectively serve stores in the South Florida market and room to grow. They do not build warehouses for five years; they build them for 30+ years. This will bring 300 positions and jobs to this community. This project will allow them to strengthen their supply chains as mentioned, but with reduced transportation from Lakeland, Florida to Boynton Beach, which is less fuel consumption, reduced traffic, creating jobs, and a quicker turnaround for customers. Mr. Lockhart showed an aerial with their open field to the east of the warehouse. Employees park to the south, and there is trailer staging on the west side. Another aerial showed excerpts from the Site Plan, showing the orientation of the new warehouse where docks will be lined up and their new entrance off of High Ridge Road where there will be manned security for entry. They are going to reorient some of the trailer staging on the west side for more efficient flow, and employee parking will be expanded to the east with about 100 parking spaces, which is currently an open field. The landscaping plan shows the proposed plantings. Open space is provided on the west side; there is stormwater, foundation, landscaping, significant tree plantings for a staggered type buffering effect coming off both roads. The plan also illustrates their buffer on the north side with heavier plantings in that area. The berm on the southeast side of the property, existing plantings. and the elevation of the berm from the road were shown. The north side of the existing warehouse facing east shows the current buffer area to the north, which has dense, mature vegetation. Partial elevations were depicted to highlight more detailed spaces of the building. The receiving area is on the north side, the shipping area is on the south side, and the Return Center expansion is on the west side. Elevations show a lot of design elements. Commissioner Turkin inquired about marketing the 300 jobs just in Boynton Beach. Mr. Bamberger replied the marketing will happen in Boynton Beach. We currently have a site here; it will be just different department name. He said we will do local marketing in addition to community programs and have a town acquisition team that will come into the community centers and discuss the jobs that are available to the public. Commissioner Turkin asked what is the median salary and hourly rate of the jobs. What kind of jobs are they? 25 Meeting Minutes City Commission Boynton Beach, FL May 17, 2022 Mr. Bamberger responded that the jobs would be forklift operations, order picking, inventory positions, systems positions and maybe a few spotter driver jobs. Commissioner Turkin noted that this plan modification would mitigate some of the supply chain issues. Mr. Bamberger commented that this particular expansion would be what we call our low- velocity product group: your batteries, your health and beauty care items. In addition, there are some food products. He said we only have one of these types of the warehouse within the state of Florida. The expansion would enable us to have a second or a backup. Having two is better than having one in case of any supply chain opportunities in the future. A second warehouse would allow us to have more products on hand and potentially have more available to the public. Commissioner Hay asked if the 300 jobs were actual new jobs or are they bringing in existing employees. Mr. Bamberger replied that the 300 jobs will be new jobs. Our culture is promoting from within. Other associates would have an opportunity to come to Boynton. However, the likelihood of that is slim to none, based on there will not be any type of program or packages for them to do so. The bulk of the associate count would be from Boynton Beach. Commissioner Kelley inquired about trailer traffic. Are we going to see an increase in trucks, a decrease, or will it stay the same? Mr. Lockhart stated that there will be more deliveries made to the facility. There would be a slight increase in the outbound traffic. The reduction in transportation would be from Lakeland to Boynton Beach. Assistant City Manager Mack noted that there is a current project that the County is doing on the Gateway bridge that will increase the capacity of the dual left lanes that comes onto High Ridge. This will help decrease traffic on the overpass. Knowing that this project is coming, the second lane should mitigate any concerns about increased truck traffic. Commissioner Hay inquired if there was a timeline for the construction on Gateway. Assistant City Manager Mack responded that the project is currently under construction. The County has removed the previous contractor and has a new contract that they have been working on the last several months. He reported that we are hoping that the construction will be completed shortly. Vice Mayor Cruz commented that she is happy to see 300 jobs being created in Boynton 26 Meeting Minutes City Commission Boynton Beach, FL May 17, 2022 Beach. She is also happy with the potential faster turnaround for deliveries to other localities. She asked when was the expected completion date of the project. Mr. Lockhart stated that they would like to start the project as soon as it is approved. Mr. Bamberger stated that they are waiting on the City's approval; they estimated completion will be late third quarter early fourth quarter next year. Mayor Penserga inquired about the possible use of solar panels in the future. Mr. Lockhart replied at this time they do not have plans for solar panels. It is a white membrane roof so it does provide a lot of reflectivity. He said they do not utilize any kind of solar on their facilities currently. The panels tend to cause roof leaks. Mayor Penserga inquired about compliance with code. Amanda Radigan, Director of Planning and Zoning, replied that the project as proposed does meet current code along with the recommendations for the conditions of approval. Mayor Penserga asked if any of the conditions of approval are unrealistic or cannot be completed within a reasonable amount of time. Ms. Radigan replied that the only concern is condition number 18 that will depend on Commission approval. They are working with the City Attorney's Office to create a landscape buffer easement. This will come before the Commission under the Consent Agenda in the future. Commissioner Hay inquired how will the east entrance impact the existing buildings. Mr. Lockhart responded that they believe the east entrance will not have a negative impact on the existing buildings. Commissioner Hay asked if they have spoken to the existing neighbors. Mr. Lockhart stated that they have notified everyone in the surrounding area and have over compensated on the stacking as the trucks come in. They made sure that there would be no overflow of trucks in the right-of-way by having triple stack lanes coming in. Mike Fitzpatrick, 175 SW 2nd Street, inquired if the warehouse workers were able to purchase Publix stock. Doubling the warehouse would be doubling the amount of traffic. The traffic should not be a consideration. Publix was in that location before anyone else. They adhere to the original purpose of Quantum Park as industrial. He stated that solar panels are an excellent idea and the City should look at carbon neutral items. He also noted that several hundred yards to the north there is a bald eagle's nest in the area. 27 Meeting Minutes City Commission Boynton Beach, FL May 17, 2022 Cindy Falco-Di Corrado, inquired if deliveries are scheduled for one or two in the morning. She thinks that getting 300 Boynton Beach residents working is awesome. Barbara Ready, asked if an art feature is going to be included or are they going to pay the fee. Mr. Mignoli stated that anyone that lives within quarter mile of the warehouse, their air quality is going to be destroyed. He said to watch the toll that this warehouse is going to have on traffic and pollution: problem after problem. He claimed if one thinks a 600,000 square foot warehouse with diesel trucks is not going to have major impact on air quality, there is something wrong. Ms. Ward stated that it is a great idea, not just for the jobs. Publix is a household name. Her brother's first job was with Publix. She worked for FedEx and saw that the trucks did not significantly impact the traffic. The warehouse will bring jobs to Boynton Beach. She said this is a good thing and encouraged everyone to move forward on the positive. Commissioner Turkin asked if this project was approved by the Planning and Development Board. Mr. Crowley replied that they were at the Planning and Development Board Meeting last month and received a unanimous approval. He asked about responding to public comments at this time. Mayor Penserga stated that this is the perfect time to address public comments. Mr. Crowley commented concerning traffic concerns. He explained that they have submitted traffic documents, and one of the conditions of approval is a traffic statement from their Traffic Engineer that was satisfactory to City staff. Because this is a DRI approval, the County has to issue a letter stating that there is capacity on the roadway to support the project. Everything that has been built since 1989 was built with the understanding that this would be built to max compacity. He explained that they have done an environmental survey, and will do whatever they need to do. The solar panels are not being done now, but they have taken significant steps to make a large warehouse fit the City's sustainability ordinance. He noted that Publix's recycling program is unbelievable; this facility will recycle the plastic bags so they do not end up in a landfill. They will be paying the public art fee and not installing public art because this is a secure private facility. Vice Mayor Cruz inquired about the hours of operation for the expanded facility. Mr. Bamberger stated it will be a 24/7 operation. The first shift will start at 4:00 a.m., five days a week and the second shift will be at 4:00 p.m. 28 Meeting Minutes City Commission Boynton Beach, FL May 17, 2022 Mayor Penserga stated that it would be great if solar panels could be part of future plans. He hopes that Publix will work with the City's Marketing Dept. to promote the jobs locally so that City residents can be first in line for the jobs. He stated that he is also a fan of Pub Subs. Mr. Bamberger noted that 12 EV stations will be installed. Commissioner Kelley said she feels that staff and Publix have worked hard to make this project the best that it can be for the City and thanked them for working so hard. Motion Vice Mayor Cruz moved to approve the request for a Major Site Plan Modification with all staff conditions. Commissioner Kelley seconded the motion. The motion passed unanimously. B. Approve request for Master Plan Modification (MPMD 22-001) for Shalimar at Boynton Beach to establish project density and intensity, maximum building heights, land use distribution, and vehicle pedestrian circulation design. Applicant: Rene Gutierrez, TM Residential LLC. Approve request for New Major Site Plan (NWSP 22-001 ) for Shalimar at Boynton Beach to allow the construction of a mixed-use development consisting of 250 residential units, two (2) 2,150 square foot retail buildings, a 9,850 square foot clubhouse, and associated site improvements. Applicant: Rene Gutierrez, TM Residential LLC. (Tabled from the April 19, 2022 City Commission Meeting.) Mayor Penserga stated that staff has received a letter of request to continue to table this item until June 21 , 2022. Motion Commissioner Hay moved to further table the item to the June 21 , 2022 City Commission Meeting. Vice Mayor Cruz seconded the motion. The motion passed unanimously. 9. City Manager's Report — None 10. Unfinished Business — None 11. New Business A. Commission discussion regarding potential height limitations, 29 Meeting Minutes City Commission Boynton Beach, FL May 17, 2022 requested by Commissioner Turkin. Commissioner Turkin stated that when he was campaigning, he heard a lot about what happened at Riverwalk and how there was an exception made for height. He knows that there are a lot of issues with this in terms of planning with the CRA plan. His concern is that we are so focused on building up, not on what we have now and our infrastructure. From our strategic workshop, we collectively decided that we would focus away from high density. Someone said earlier that we do not need to be a high city or a tall city to be successful. He said if you look to the south of us, Delray has made leaps and bounds over the last ten years. They are not a tall city, maybe 35 feet, 40 feet. He is not 100% sure. Jupiter is 50 feet. He does not think that focusing on density is the solution. He is representing his constituents, and he would like to see what staff can provide and what we can do to set a height limitation. Ms. Radigan gave a presentation on the history of height limitations in the City. Commissioner Turkin inquired what happened before the year 2000. Ms. Radigan replied that before the year 2000, the height limitation was a hundred feet and that was concentrated in the Downtown area and was associated with the Zoning District CBD which is currently being phased out and replaced with Mixed-Use. Deputy City Attorney Cirullo noted that when you talk about changing regulations, the legal issues you look at will impact existing legal uses and possibly create nonconforming uses. If it is a nonconforming use, it means they can stay, it is legal. Yet if something were to happen, it would have to be rebuilt to the new code. If a project has been approved, you typically would not be changing approved projects. Impact on projects under review if it is in the pipeline and came in on a specific set of rules, it is very hard and rare that you can change those rules mid-stream on folks if they are in the system. Finally, you look at the Publix shopping center, which is not in for redevelopment, but does it impact the current development rights. Regardless of the current use, it could be affected. If you were to change something there, could they come and stay within timeframes? He said, "Hey, you took something from me. It took some development rights from me." He explained that those are all things we look at when we change these codes. Those are general things we would look at when we work with staff to make changes in the zoning code or comprehensive plan. Commissioner Turkin inquired what research was performed to obtain this information and if other municipalities were looked at as he requested. Deputy City Attorney Cirullo responded that he did look at Delray's code and he plans to work with staff to do a survey on the other municipalities. Commissioner Turkin stated that he requested that staff reach out to other municipalities, 30 Meeting Minutes City Commission Boynton Beach, FL May 17, 2022 and he does not see anything in the presentation that covers that. Ms. Radigan commented that they are happy to bring back additional information from other municipalities. This presentation was to just to review how we currently and historically handled height in the City. Commissioner Turkin reiterated that the information that he had asked for was not provided. He expressed concern that they were seeing a one-sided presentation. He said they did not see anything about what other municipalities did. Mayor Penserga stated that he supports Commissioner Turkin and he would like to see information from other cities. He explained that this is his first time seeing the presentation and he did not see it attached to the agenda. He said he did not have time to review the material so it is difficult for him to have an intelligent conversation about it. He thanked staff for their time, but added that he would like to see an update when it is available. Ms. Radigan asked for clarification on the type of information the Commission would like to see. She explained it is hard to talk about just height and asked if the Commission would like to see density, planning methodology and height of other cities. Commissioner Turkin replied yes, he would like to see all of that for surrounding cities, not New York City. Vice Mayor Cruz stated that the legal part of the presentation had a few bullet points. She did not see any case law or any research. She would like to see relevant statutes and regulations on density and height. She asked what authority does a municipality have on height regulations. Commissioner Hay stated that he would like Legal to expand on the impact of both negative and positive on height regulations. Commissioner Turkin noted that other municipalities have done this so it is not a matter of if we can do this; it is a matter of how to do it. He said we need to figure out how we can get this done. He commented that he understands property rights and approved projects. We do not want to take that away from anybody or projects in the pipeline. He explained that he is frustrated and does not want to hear that it cannot be done. He said he does not want to get run around. Commissioner Hay stated that his point is that we are not going to be Delray, West Palm or Boca. He wants to look at what the City can be. Mayor Penserga commented that, in addition, he would like to see the pros and cons of this issue. This way, we know the different directions we can take and what each of those 31 Meeting Minutes City Commission Boynton Beach, FL May 17, 2022 directions can mean for the City. Commissioner Kelley thanked Commissioner Turkin for bringing this up. Density and height are something that we look at on a case-by-case basis. But, when you look at how it affects the entire City and the view of the City, it is essential to look. She stated this is new information that she is seeing and that she agrees with the Mayor that this information was helpful, but we need more. Ms. Radigan thanked the Commissioners for the clarity and direction. Commissioner Kelley suggested a workshop because of the amount of information that will be brought forward. This way it can be focused on. This would be ideal for a workshop and not during a Commission Meeting. Mayor Penserga stated that he would support a workshop. This issue can be complex so it would warrant a workshop. In order for the Commission to have a meaningful conversation, we really need to do background research. He asked council if public comment can be heard without a motion. Deputy City Attorney Cirullo replied that it is the Commission's prerogative and that they can hear from the public if they want. Ms. Ward inquired if the workshop would be at a time and place when more people are able to attend and provide feedback. She said we need to look at all the perspectives. We need all hands-on deck; it cannot be one person's perspective. Ms. Ready stated that as a citizen, she had attended every charrette, every opportunity for public input, every workshop, everything from EDA down to the downtown Masterplan Steering Committee to the CRAs Citizen Input Committee. It is laughable that it was called public input. Those were presentations. We were not given an opportunity to provide public input. We packed chambers fighting Riverwalk. There was not an empty seat in the house fighting Riverwalk. The public was screaming, we do not want this, and it was done anyway. So, she is happy that the public is being heard. She will be at the workshop. Ms. Falco-Di Corrado commented that she attended many of the workshops before Covid, and she thought that this issue was settled at that time. There were multiple workshops. You need the people's input because we live here. She was disappointed with the building that was put in where Winn Dixie was. It was not done to form. They were supposed to leave the archways open. There was going to be a restaurant on the back patio. Benches were going to be installed so the residents of Boynton could sit and enjoy the boats that pass by. That is how it was presented to us. That is not what happened. She added that she is skeptical: we spend our time, we invest our ideas and agree on these things, which does not occur. 32 Meeting Minutes City Commission Boynton Beach, FL May 17, 2022 Mike Fitzpatrick, 175 SW 2nd Street, said he agreed with Ms. Ready and he thinks that the problem was the quality of the City Commissioners who were setting the tone, not the staff. Staff is not the bad people here. They were following their marching orders. He said if you are a different Commission who wants this kind of citizen input, it will happen and staff will go along with that. They will do what the Commission instructs them to do. He added that he hopes this works out and he is optimistic. Ace Tilton-Ratcliff, PO Box 696, stated that this is a big issue and deserves a workshop setting. This should not be done at 10:00 p.m. They/them respect the hard work that Commissioner Turkin does for his constituents. The way you spoke to the woman who gave the presentation tonight was insulting. You interrupted her multiple times. It sounds like you were not clear on the information you asked for from her, and then you punished her for not providing information that you did not ask for. That was really out of line. It is not right to beat up on the people who work for the City as they are doing their jobs. Courtlandt McQuire stated that he thinks that this is the best way to deal with this issue. He respects Planning and Development. They have a most challenging job within the City, aside from the City Manager and Mayor. We do not want to become Boca or Fort Lauderdale. We do not want to be Delray. We want to be somewhere in between. He said he thinks a workshop is an excellent idea and should be done. If you look at Riverwalk, it is a misguided project. He cannot believe that the density and weight of that parcel were approved. It is significantly going to affect sewage, electricity, and traffic. It is ridiculous. Technically it is not the downtown corridor. He listened to the previous presentation and was slightly confused about what is downtown, and he is on the Planning and Development. He thinks the direction of Boynton is not Boca. It is not Delray. It is Boynton. He wants to commend Commissioner Turkin for bringing it to the table and Mayor Penserga for going for it. High rises are a tricky proposition. Yes, they bring in tax revenue, but they bring in problems. It is a balance. Mr. Hartmann stated that he is in favor of the height limit. He thinks having smaller buildings is suitable for our City's character. When we think about the history of our City, we think of the character. No one thinks of a high rise. He believes it would be wise for the City to adopt the height limit. He thinks a workshop is needed. Time is of the essence. Our City is rapidly changing. There will be a skyline when you are waiting on the bridge at 95 on Boynton Beach or Woolbright, and it looks like you are in Miami. He said he does not think anyone wants to see that. Having a reasonable height limit in place would help keep the character of our City and keep residents happy. It would also bring tourists in because people want to see unique areas. They do not want to see buildings that could be anywhere from here to Jacksonville. They want to see buildings that are within character, and he thinks having that height limit would be a significant step. Ms. Belmonte thanked Commissioner Turkin and the rest of the Commission for moving forward with more research. Some of the items that should be addressed and brought up in the workshop and future presentations should be flooding and sewage, pedestrian, 33 Meeting Minutes City Commission Boynton Beach, FL May 17, 2022 accessibility, squalls, environmental impact, parks, and traffic. So, that is what we want to see in that presentation, and we want to see information, data, and the pros and cons. She thinks that there's so much more that can be elaborated on with the impact of our City. She is happy to hear everyone who has come up and talked about the impacts of Riverwalk and beyond. Florida is known for its coastline and for its beautiful oceans. We are pimping out our town. We are pimping out our beautiful land and our coastlines. She requested that the public be invited to attend the workshop and add public comments to the workshop because a lot of the CRA meetings, the public cannot comment. The Commission should have a new mindset when involving the public more in these decisions. Mayor Penserga stated that the Commission agrees that we need more information before we can proceed. There was discussion for possible workshop. He asked if that is something they want to set right now. David Katz commented that as a former Commissioner and a former member of the Planning and Development Board for seven years, five as chair, he thinks he has more insight than some folks who have spoken. Riverwalk would be called in development the highest and best use for that property. The issue was that they were given a height exception. On an ongoing basis, previous Commissions have given projects height exceptions. If you have a 45-foot height limit and provide a height exception because of an elevator shaft or hiding air conditioning units, you allow another 10 feet. Maybe what needs to be baked into an ordinance is that if you want to hide those features, then maybe you need to build three stores and not allow for height exceptions, which is the real issue here. Rather than attempt to deep dive into possibly changing existing zoning that might send the City into various litigations. But the way to look at this height exception is not to grant them anymore. Riverwalk was not supposed to be ten stories. If it had kept its original height, they might not have done the project. They came to the Commission at the time and said, well, if you do not give us the height exception, we cannot build. The Commission thought we were going to lose this project. We are going to lose the tax dollars. So, the Commission has to stand fast on not granting height exceptions but not going back on the zoning that exists because that will cause litigation. Mayor Penserga inquired when would this information be ready to have a workshop. Ms. Radigan responded that she would like five to six weeks to prepare because there is so much information to be gathered. Commissioner Turkin asked what was the date from when he originally proposed this to now. Ms. Radigan stated she believes it has been four weeks. Commissioner Turkin inquired if this could be done in four weeks. 34 Meeting Minutes City Commission Boynton Beach, FL May 17, 2022 Ms. Radigan responded with all the information that is needed she would be more comfortable with five to six rather than four weeks and be missing some of the information. Mayor Penserga commented that his recommendation would be if members of the Commission have more specific questions to meet with Ms. Radigan one on one. This way staff will be aware of the questions and be properly prepared. There was a consensus to have the workshop on Saturday, June 25, 2022 starting at 10:00 a.m. Motion Vice Mayor Cruz moved to have a Special Commission Workshop starting at 10:00 a.m. on June 251h. Commissioner Hay seconded the motion. The motion passed unanimously. B. Commission discussion regarding acreage of open space required based on population, requested by Commissioner Turkin. Commissioner Turkin stated that it is his understanding that there is an ordinance that requires a certain amount of green space per thousand people. He wants an idea of what those requirements are. Ms. Radigan stated that she has done some preliminary research on neighboring municipalities that will be brought forward in a more formal fashion at a later date. Currently the acreage required per one thousand residents is within the Recreation and Open Space element of the City's Comprehensive Plan. It requires 2.5 acres of developed park land per one thousand residents. This calculation excludes undeveloped parks. There are other requirements she could share now and that has to do with open space and usable open space requirements. These are requirements of the developer, very different from level of service, which is a standard of service for the City to provide to its residents. Commissioner Turkin asked what is the definition of a developed park. Ms. Radigan replied it is currently within the calculation, City parks. L.O.S (level of service) is all about your methodology. She explained that the comprehensive plan can set what you include and exclude from this methodology. Currently, what is being calculated is City-owned developed parks. For example, Caloosa Park, which is owned by the County and is not included in our L.O.S. standard, and that park is approximately 64 acres. Commissioner Turkin inquired about the municipalities green space regulations. Ms. Radigan responded that it is about the methodology. In previous conversations, we 35 Meeting Minutes City Commission Boynton Beach, FL May 17, 2022 talked about Delray and Boca. Delray, in its current comprehensive plan, does not have a L.O.S. There are standards that they will be reviewing innovative options for a different standard to measure the quality of park space versus just a number of acreages. Boca does have a L.O.S. of 10 acres. However, their methodology includes golf courses, conservation land, and water bodies, possibly. It is a very different method for getting to that 10 acres versus ours, which has a very strict definition. Commissioner Turkin asked for clarification on Boca's acreage. Ms. Radigan replied that Boca's acreage includes developed and undeveloped parks, conservation land and golf courses, all of which are excluded from the City's level of service standard. She stated that she can bring back a comparison of Boynton's acreage and perform the methodology in Boynton similar to how Boca does it. She will run numbers for conservation land, water land, the golf course and undeveloped parks. The comparison will be more apples to apples for the L.O.S. Vice Mayor Cruz inquired about paying a fee in lieu of having the green space. A developer can choose either one. Ms. Radigan replied that it is a different set of regulations. That is part of our park impact fee. The useable open space requirement or development requirements are housing or zoning regulations. They have to pay their fair share of the impact of their development on our City. That can be done in a few ways: One is a park impact fee, a cash contribution to our Rec. and Parks Fund. There is also a land dedication of equal value to your park impact fee, and I believe that there are one or two other options that she can bring before the Commission. Mayor Penserga asked if the Eco Park was part of the calculation. Ms. Radigan responded that it was part of the calculation. Mr. Fitzpatrick commented that initially, it was 6 acres per thousand. It was originally set up that way because many cow pastures were being developed. Then, it went to three acres, so when you had a cow pasture developed, you had enough land with 40 or 50 acres to easily set aside six acres per thousand residents. Leisureville was set up that way. The reason it went to three or two and a half acres was Motorola, and that was 49 acres, a former cow pasture. The City Commission wanted to turn it into a mixed-use. There are not any parks where Vice Mayor Cruz is because Mayor Gerald Broening wanted to maximize the profit for the developer. The way to do that was to drop to six acres per thousand to three acres. Then suddenly, you doubled the acreage you had to count, and there was plenty of room already on the books at three acres per thousand. You did not have to add any more parks in Renaissance Commons. He suggested talking to Mike Rump for more information because he was the point person to make the change. A point was made what are we going to do from now on, if you will require six or three 36 Meeting Minutes City Commission Boynton Beach, FL May 17, 2022 acres for this new residence, and you are giving out stuff for 40 units per acre; how that can be done. If you had a thousand people, that would be about 10 acres, and six or thee would be green. That is valuable land. He said that over the weekend, he read snippets of about ten comprehensive plans, and one stated that the green space did not have to be on-site. It had to be a 10-minute walk at three miles per hour, basically half a mile. So, if you had high-valued land and needed green space in that area for the half-mile, they could find cheaper land and buy up the appropriate acreage to accommodate the residents they are adding to the City. Ms. Belmonte inquired if the new condos were included the current acreage. Mr. Katz commented that since the 1990s, he has asked that the Meadows, which are dedicated parklands, be developed into a passive park. There is a similar-sized piece of land on the other side of the tree line in Nautica, which is the same thing. He said he tried to reach out to Mayor Penserga when he was the Commissioner for District IV, and he never returned his telephone calls. Based on the criteria, this acreage is not included in the calculation. He added that he thinks it is about time to have this acreage in the calculation. He said we are not asking for basketball courts; we are asking for it to be a passive park with benches and shade trees so that people can walk the paths. He said he hopes that they can budget $125,000 for these parks at the next Budget Meeting. C. Commission discussion regarding changing the start time for City Commission meetings to 6:00 p.m., requested by Commissioner Turkin. Commissioner Turkin stated that he does not mind that the meeting starts at 5:30 p.m. He is solely trying to help our constituents and do the best for everybody. He would like to hear from the rest of the Commission. Commissioner Hay commented that he does not have a problem with the 6:00 p.m. The meetings used to start at 6:30 p.m. to go to 6:00 p.m. is a happy medium. He did ask if the agenda could be restructured, it is long. Maybe we can do things differently. Vice Mayor Cruz also stated that she does not have an issue with 6:00 p.m., but her concern is staff because they work hard and starting a half hour later means ending a half hour later. Commissioner Kelley commented that she can go with what works for the majority. She enjoys seeing the public come to the meetings. She is fine with making it later. It would help the working people who attend the meetings. Mayor Penserga agreed with Commissioner Hay and said it is a happy medium. He does not think it is good government to be making decisions at 10, 11, 12, 1 or 2 in the morning. That is not the way to do business. It is not good for the public. The intention is to start later to allow for more public to participate. The natural tendency is that as we start later 37 Meeting Minutes City Commission Boynton Beach, FL May 17, 2022 we do business later and that is prohibitive for the members of the public to participate. Because it is so late and they have to work. Six is a happy medium and he could not support anything later than that. In support of the 6:00 p.m. he wants to continue the conversation on how to make the meeting more efficient. Ms. Ward agreed with the six o'clock start time. The meetings do go to long. She suggested a cut off time. People get tired. Stopping the meetings at 9:30 p.m. would be good. Commissioner Hay suggested having the Interim City Manager look at the agenda and streamline the agenda. Interim City Manager Stables stated that he has had this conversation with staff. We are working on some of those things. What we do not want to do is a drastic change quickly. There may be some incremental course corrections, there may be limitations of presentations and proclamations. There is a lot of time spent there. The other is limiting business so that you are not dealing with five major projects in a public hearing setting. We will come back with recommendations on how we conduct the meeting and consider a time certain to end. So, the meeting would be built around that. The only long part is public comment time and we do not want to suppress that. Vice Mayor Cruz noted that announcements ad proclamations are done between 5:30 a.m. 6:00 p.m. So, if we move the meeting to 6:00 then the meeting really start at potentially at 6:30 p.m. There was a consensus from the Commission for the Interim City Manger to streamline the agenda. Interim City Manager Stables asked the Commission to make the time change date specific whether we start on June 7th or June 21st that will help the process. Commissioner Turkin stated June 7th gives us a couple of weeks. Deputy City Attorney Cirullo stated that as long as the June 7th meeting start time has not been posted, then it is fine to change the time for the June 7th meeting. Crystal Gibson, City Clerk, commented that she does not believe that there is notice about the June 7th meeting. She also stated that the last time the meeting time was changed, the CRA meetings were included. She asked if the Commission wanted to change that start time as well. Deputy City Attorney Cirullo stated that they should do that as the CRA Board. Commissioner Hay inquired about notifying the public about the time change and asked 38 Meeting Minutes City Commission Boynton Beach, FL May 17, 2022 if there is a lead way that is needed. Deputy City Attorney Cirullo replied no we have an extra Tuesday in May that gives us three weeks to implement the change. Working with staff to get the information out there we should have enough time before June 7th Assistant City Manager Matos stated it will be pushed out through social media well in advance of the meeting. Motion Commissioner Turkin moved to approve the change to the Commission Meetings start time from 5:30 p.m. to 6:00 p.m. starting with the June 7th meeting. Vice Mayor Cruz seconded the motion. The motion passed unanimously. D. Commission discussion regarding adding a dog park in District III, requested by Commissioner Turkin. Kacy Young, Recreation and Parks Director, read a list of parks in District III that included Betty Thomas Park, The Boynton Beach Memorial Park, Centennial Park Amphitheater, Dewy Park, Ed Harming Arbor Park, Forest Hills Park, Girl Scout Park, Hibiscus Park, Jaycee Park, Kapok Park, Little League Park, Mangrove Park, and Pence Park. Commissioner Turkin inquired if there was a possibility of converting or adding a fenced area to allow for a dog park in District III. He asked what can we look at, and what are our options. Mr. Young commented that we have dog-friendly parks in District III. They are Dewy Park and Jayce Park. You can bring a dog into the park, but it has to remain on a leash. Mayor Penserga asked what would it take to convert from a dog-friendly park to an official dog park. He inquired if there would be fencing and a water station. Mr. Young replied that Joseph Crowder Park is a dog park. It is fenced in there are some amenities there that cater to dogs. Yes, it would take research and making sure we design it correctly, the fencing to keep the dogs enclosed in the area. Mayor Penserga stated that he would be interested in seeing what staff can put together to convert one of the existing parks in District III from dog friendly to an actual dog park. From his experience at the Joe Crowder Dog Park, there is a large dog section and a small dog section and play features. However, he does not know how much that would cost, and he would like to see ballpark numbers. 39 Meeting Minutes City Commission Boynton Beach, FL May 17, 2022 Assistant City Manager Matos recommended including this change in the Parks Master Plan initiative that is ten months from completion. She suggested talking to the consultant about a preliminary analysis of where a dog park would be more feasible on the front end. She would like to be part of the initiative, which is looking at the parks comprehensively across the City and our level of service. She explained they will want to look at it holistically if the Commission allow the time to do that. Commissioner Turkin commented that would be ten months and we could potentially look into this. He said that Mayor Penserga made an excellent point: when converting a dog- friendly park to a dog park, it is essential to have that separation between the small dogs in the large dogs, the play features and water. He asked if it is possible to look into this and then roll that into the master plan as we go. Assistant City Manager Matos replied absolutely. She does not want Commissioner Turkin to feel like we are trying to stall on this. She wants to look at the parks comprehensively together, but we can certainly look at evaluating that component of it earlier on in the Parks Mater Plan. Andrew Mack, Assistant City Manager Public Services, stated that he wanted to go through some of the lessons learned at Joseph Crowder Park. He said he knows initially, they started with just two areas, one small and one big dog. They found that the grass is used a lot and gets torn up. The dogs are enjoying themselves, which is what we want. So, there are some things there that we had to build an additional side to rotate these sections to allow the grass to come back and grow. He said if you are not doing that, we would need to look at different options. Maybe some synthetic turf is not environmentally friendly, but those are things that we would need to evaluate. So, we are keeping our maintenance costs down because a dog park is pretty costly to maintain. Especially when you know how large Lake Ida is where you have enough room to run around and do the things they want to do, these are all the things that we will need to review. He explained he does think it is a great idea to establish another dog park in the City, especially downtown. He believes it is a great idea to use the Master Plan process to evaluate to give us some targeted locations that we can look at strategically. He said his staff can do some pretty schematic drawings. He said they could look at maybe opening up some other parks to be dog-friendly. They may not give you the off-leash you are looking for, but it gives you another opportunity to walk the dog. E. Proposed Resolution No. R22-072 - Approve the Employment Agreement for Interim City Manager with James Stables and authorize the Mayor to sign the Employment Agreement. Deputy City Attorney Cirullo gave a brief overview of the agreement. Commissioner Turkin asked Chief Stables if he was content with the agreement. 40 Meeting Minutes City Commission Boynton Beach, FL May 17, 2022 Chief Stables responded yes. Commissioner Turkin inquired if he feels that the agreement is fair. Chief Stables replied yes. Motion Commissioner Hay moved to approve Proposed Resolution No. R22-072. Commissioner Kelley seconded the motion. The motion passed unanimously. 12. Legal A. Proposed Ordinance No. 22-013 - First Reading - Approve amendments to the Land Development Regulations, Chapter 3, Article III. Zoning Districts and Overlay Zones; Chapter 3, Article IV, Section 5. Nonconforming Uses; and Chapter 4, Article IX, Section 6. Historic Preservation Requirements to promote, incentivize and facilitate the preservation of historically - designated properties in the City. Deputy City Attorney Cirullo read Proposed Ordinance No. 22-013 into the record. Mike Rumpf, Deputy Director of Development, gave a presentation on Historic Preservation Requirements. He also noted that there was a glitch entering the documents into Novus, track changes disappeared. He reviewed those changes. Motion A motion was made and seconded to approve Ordinance No. 22-013 on first reading. Vote City Clerk Gibson roll called the vote. The vote was 5-0. 13. Future Agenda Items A. Discuss process for a permanent City Manager - June 7, 2022 14. Adjournment Motion Commissioner Hay moved to adjourn the meeting. Commissioner Turkin seconded the motion. The motion passed unanimously. The meeting ended at 11:07 p.m. 41 Meeting Minutes City Commission Boynton Beach, FL May 17, 2022 ATTEST: a ,40) Maylee 'e -sus, MMC City CI k .;?;40`(N ToN`‘, p RPOR,gl••. %i A. i G° e % % SEAL S ;INCORPORATED; i '•. 1920 . .. . t I ., • • . FLORIO= 42