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Minutes 11-01-22 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, November 1, 2022, at 6:00 P.M. Present: Mayor Ty Penserga Daniel Dugger City Manager Vice Mayor Angela Cruz Mike Cirullo, City Attorney Commissioner Woodrow L. Hay Maylee De Jesus, City Clerk Commissioner Thomas Turkin Commissioner Aimee Kelley 1. Agenda Items A. Call to Order - Mayor Ty Penserga Mayor Penserga called the meeting to order at 6:03 P.M. Roll Call City Clerk Maylee De Jesus called the roll. A quorum was present. Invocation by Rabbi Michael Simmon, Tempe Beth Kodesh. Invocation was given by Rabbi Simmon. Pledge of Allegiance to the Flag led by Commissioner Aimee Kelley Commissioner Kelley led the Pledge of Allegiance to the Flag. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Penserga stated that there was a request to add 11C for a closed-door session meeting. City Attorney Cirullo read what the closed-door session is for. Mayor Penserga stated that following the National League of Cities Conference and infrastructure presentation, he would like to have a discussion on framework for the ARPA funds. Commissioner Turkin requested to move 3E before 3A. He also requested to add a discussion to authorize $50,000 to go to Wounded Veterans Relief Funds from the ARPA funding. Commissioner Hay would like to have the discussion but wants to be more familiar with funding requests. There was consensus for discussion. Motion: Vice Mayor Cruz moved to approve the agenda, as amended. Commissioner Kelley Meeting Minutes City Commission Meeting Boynton Beach, FL November 1, 2022 seconded the motion. The motion passed unanimously. 2. Other A. Informational items by the Members of the City Commission. Commissioner Kelley had no disclosures. She stated that she did complete a reading for the record at Citrus Cove on October 27. Commissioner Turkin disclosed that he spoke with Phil Terrano and Mike Barbis about 11C. Vice Mayor Cruz disclosed that she Cruz spoke to Phil Terrano about 11C. She mentioned that she also attended the Firefighter climb and said that it was a fantastic event. She gave a special shout out to Mrs. Hoffman, the fastest female in the competition. Commissioner Hay stated that he attended the Hindu new year celebration. He also attended the First Friday concert in the amphitheater. He said that he attended the Bulldogs homecoming and took a trip with staff to PBG for their sports conference. He shared that it opened their eyes on what could be done here. He announced that Souls to the Polls will be held on November 6 from 3-6pm to encourage voting, and the event will begin with a celebration march and includes food and activities. Mayor Penserga stated that he attended the same events as Commissioner Hay, and the Trunk or Treat event at Citrus Cove Elementary, which was great. He thanked staff for organizing their events. He disclosed that he spoke to Phil Terrano and Jessica Ferguson, and he also visited the sports complex about 11C. Commissioner Kelley disclosed that she also spoke to Phil Terrano about 11C. 3. Announcements, Community and Special Events And Presentations A. Human Resources will announce the employee recipient of the 2022 Tim Howard Excellence in Public Service Award. Mayor Penserga stated the 2022 Tim Howard Excellence in Public Service Award is the highest award in Boynton Beach. He read the history of the award. He announced that the nominations were overwhelmingly for this employee and read a few of the nominations from coworkers. He announced that the recipient is Jay Loperfito. Mr. Loperfito thanked everyone who voted for him. He said that it is an honor to be recognized, and he really enjoys helping people. Commissioner Hay stated that he is a bubble of joy, and he could not think of a better 2 Meeting Minutes City Commission Meeting Boynton Beach, FL November 1, 2022 person for this award. Vice Mayor Cruz stated that he has been a phenomenal person from the first time she has met him. Commissioner Turkin said that the City of Boynton Beach is lucky to have Jay. He stated that he treats everyone wonderfully. Commissioner Kelley congratulated him and said that he is a friend to strangers and thanked him for making the City his home both at work and at home. Mayor Penserga stated that he did not know that he broke up some fights. Commissioner Hay stated that for the annual Read for the Record, he had the distinct pleasure of reading to the 4th graders at Poinciana Elementary School. He said that it's a competition amongst cities. He commented that Poinciana has a planetarium and it is phenomenal. E. Proclamation honoring Veterans and Military Families during the month of November, requested by Commissioner Turkin. (Item 3E moved up to after 3A.) Commissioner Turkin read a poem about Veterans, and he read out the names of Veterans that are in the audience. He read the proclamation into the record. Jim Czick stated that he is here on behalf of Tom Kaiser. He said that Mr. Kaiser sends his regards. Jackson Campbell thanked the Commission for recognizing the Veteran community. B. Announce the Veterans Day Ceremony being held at Tom Kaiser, U.S.N. Boynton Beach Veterans Memorial Park located at 411 N. Federal Highway on Friday, November 11, 2022, starting at 11:00 A.M. The ceremony will honor and recognize all individuals that have served in the United States Armed Forces. Mayor Penserga read the announcement into the record. C. Announce that the City of Boynton Beach's Marketing & Events Department recently received seven industry awards. Mayor Penserga read the announcement into the record. D. Announcement of tree planting event on November 5, 2022 in partnership with Community Greening and the St. George's Society of Palm Beach. 3 Meeting Minutes City Commission Meeting Boynton Beach, FL November 1, 2022 Mayor Penserga read the announcement into the record. Susan Oyer, spoke about the history of the organization. She spoke about the tree initiative, and commented on where they have donated trees to and where they will be donating more trees to, both locally and internationally. She handed a check to the Commission, and stated where the trees will be planted that they are donating. She said that they are proud of helping to beautify Boynton Beach. Vice Mayor Cruz thanked Ms. Oyer and the organization for their donation and making a change. Commissioner Kelley asked if they need volunteers for this upcoming weekend. Ms. Oyer replied yes and noted that volunteering begins at 9am. E. Proclamation honoring Veterans and Military Families during the month of November, requested by Commissioner Turkin. Mayor Penserga read the proclamation into the record. F. Proclaim the month of November as National Family Caregivers Month. Ricky Petty, Project Director for Healthier Boynton Beach, will accept the proclamation. Mayor Penserga read the proclamation into the record. Ricky Petty accepted the proclamation and thanked everyone for the proclamation on behalf of the organization. Commissioner Hay stated that everyone knows about SJ and the proclamation that he spoke about at a previous meeting. He stated that legal has spoken to him about why they should not discuss this at this time. City Attorney Cirullo stated that there will be a lawsuit that will be filed against the City, so it is not advised to move forward with this proclamation at this time, until the conclusion of the litigation. Commissioner Turkin thanked Poonam and the Utilities team with what happened at Hyde Point this past weekend. 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 4 Meeting Minutes City Commission Meeting Boynton Beach, FL November 1, 2022 of business coming before the City Commission) Susan Oyer spoke about the Veterans in her family and what wars they fought, and what branches they were in. She thanked Commissioner Turkin for being a judge for the Halloween contest in her neighborhood. She pointed out that last week was the 77th Anniversary of the United Nations Assembly. Nicholas Cannon thanked the Commission for their Veterans Proclamation, and he spoke about the donation recommendation for the Veterans Relief Fund. Christina Pierre spoke about a situation that happened on Saturday October 19th when she was detained by the Boynton Beach Police Department. Bernard Wright stated that this situation with Ms. Pierre, who is his Campaign Manager, is the conduct that has to be weeded out of the Boynton Beach Police Department. He said that he is requesting a community meeting about the conduct of the Boynton Beach Officers. He spoke about the proclamation regarding the SJ Day issue and said that he does not understand why we cannot do it. He asked why they do not get responses when asking questions during public comment. Thomas Jerry Thebow spoke about a proposal for an iguana sanctuary that he would like to have so that people can learn about them. He said that he is the owner of the plantation. Victor Norfus spoke about creating Union Park downtown and said that racism is a double edge sword. He spoke about Happy Home Heights and the history of it. Bryce Graham spoke about the SJ case and wanted to address concerns regarding making changes in communities. He said that he has received numerous calls and messages from Police and Commissioners about him hating them and that it is not the case. He stated that he is willing to work with everyone who is willing to make a change in the community. Ernest Mignoli spoke about the SJ case and said that he is threatened to come to the Commission meeting. He said that there is a big problem with all of the departments in the City. Virtual Comments: Rosalyn Joseph stated that she is the co-founder of Holistic Wellness Suites, and recognized John Durgan for his help with their business and any staff that helped him. Shannon, SJ's mother, commended Commissioner Hay for acknowledging the SJ Proclamation that he was trying to do. She said that she has not been wanting to come in- person because she has been targeted and doesn't feel safe coming in. She stated that there is a big disconnect with her and the Commissioners, and that there are a lot of things going on behind the scenes and she is aware of all of it. Tom Ramiccio stated in June of 2020 was when they had a JKM issue and there is yet 5 Meeting Minutes City Commission Meeting Boynton Beach, FL November 1, 2022 another shade session being requested. He spoke about what can be conducted in the shade sessions, and spoke about the invoicing from the Attorneys. He spoke about the SJ case and not doing the proclamation. Paul Morescca stated that he sent an email a month ago in regard to the East Boynton Beach Little League. He spoke about the memorial wall in East Boynton. He asked for the memorial wall to not be disturbed. 5. Administrative A. Proposed Resolution No. R22-152 - Designate a Canvassing Board for the March 2023 Municipal Election. City Clerk De Jesus explained the resolution. Motion Commissioner Turkin moved to approve Resolution No. R22-152. Commissioner Hay seconded the motion. The motion passed unanimously. B. Consider changing the November 15, 2022 Commission Meeting to Monday, November 14, 2022 to accommodate the Commissioners who are traveling to the National League of Cities Conference on November 15, 2022. Motion Vice Mayor Cruz moved to approve changing the November 15, 2022 meeting to November 14, 2022. Commissioner Kelley seconded the motion. The motion passed unanimously. C. Appoint eligible members of the community to serve in vacant positions on City Advisory Boards. Mayor Penserga read the open positions. Motion Mayor Penserga moved to appoint Robert Taylor to the Firefighter's Pension Trust Board. Commissioner Kelley seconded the motion. The motion passed unanimously. 6. Consent Agenda D. Proposed Resolution No. R22-153 - Approve and authorize the City Manager (or designee) to apply for the State permit necessary to 6 Meeting Minutes City Commission Meeting Boynton Beach, FL November 1, 2022 temporarily close Federal Highway on Saturday, December 3, 2022, for the 51st Annual Holiday Parade. E. Proposed Resolution No. R22-154 - Approve and authorize the Mayor to sign a land use agreement between the City of Boynton Beach and Journey Church for the 51st Annual Holiday Parade on Saturday, December 3, 2022. F. Approve an increase to the CR Dunn blanket purchase order with an estimated annual expenditure of $100,000 for FY 21/22 blanket. G. Proposed Resolution No. R22-155 - Amend the FY 2022-23 budget, which will adjust budgeted appropriations and revenue sources and provide spending authority and to approve the purchase of E-Z-GO - Pace Shield Technology for the golf cart fleet, in the amount of$78,750.00 for The Links Golf Course as a single source provider which meets the City's requirements. H. Accept the written report to the Commission for purchases over $10,000 for the month of September 2022. I. Approve the one-year extension for RFPs/Bids and/ or piggybacks for the procurement of services and/or commodities as described in the written report for November 1 , 2022 - "Request for Extensions and/or Piggybacks Under $100,000." J. Approve minutes from the October 18, 2022 City Commission Meeting. Motion: Commissioner Kelley moved to approve the consent agenda. Commissioner Hay seconded the motion. The motion passed unanimously. 7. Consent Bids and Purchases over $100,000 A. Approve the one-year extension for RFPs/Bids and/ or piggy-backs for the procurement of services and/or commodities over $100,000 as described in the written report for October 18, 2022 - "Request for Extensions and/or Piggybacks." B. Approve the purchase of twenty-three (23) replacement vehicles that were approved in the FY22-23 budget for an estimated amount of$2,127,440.00 by utilizing the following contracts: FSA22-VEH2O.0, FSA22_VEL30.0 and Sourcewell contracts 2023 091521-NAF & 060920-NAF. The Sheriff and Sourcewell contracts satisfy the City's Procurement requirements. 7 Meeting Minutes City Commission Meeting Boynton Beach, FL November 1, 2022 C. Proposed Resolution No. R22-156 - Approve utilizing the City of Pembroke Pines Contract # RE-20-08 and Authorize the City Manager to sign an agreement with Blue Marlin Investments dba Cayco Landscaping for tree trimming services for parks, facilities and medians for the extent of the contract with an annual expenditure amount of $340,000. The City of Pembroke Pines procurement process satisfies the City's competitive bid requirements. D. Proposed Resolution No. R22-157 - Amend the FY 2022-23 Capital Improvement Fund (302) budget, for the 12% contingency increase approved at the September 22, 2022, commission meeting. This will adjust budgeted appropriations and revenue sources and approve an additional$8,122.19 increase for added scope to the Harvey E. Oyer, Jr. Park Marina Boat Ramp Improvement Project scope. Project not too exceed $1,302,690.99. E. Proposed Resolution No. R22-158 - Approve and authorize the City Manager to sign an Amendment to the Progressive Design Build Agreement with Globaltech, Inc. in the amount of$1 ,556,414.00 for the East Water Treatment Plant Generator Replacement - Phase 2A to proceed with final design and the first phase of construction in a two-step construction format. Commissioner Turkin pulled 7C for discussion. He asked if there was anything the City can do to display a "Boynton Catch of the Day" for people to take pictures with. Motion: Vice Mayor Cruz moved to approve the remainder of Consent Bids and Purchases over $100,000. Commissioner Kelley seconded the motion with the amendment. The motion passed unanimously. Deputy City Manager Andrew Mack said that it is a great idea, and he will make sure it happens. Commissioner Kelley stated that maybe they can incorporate signs about it at the cleaning stations. Motion: Commissioner Turkin moved to approve 7C. Vice Mayor Cruz seconded the motion. The motion passed unanimously. 8. Public Hearing 8 Meeting Minutes City Commission Meeting Boynton Beach, FL November 1, 2022 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. K. Proposed Ordinance No. 22-017 - Second Reading - An Ordinance of the City of Boynton Beach Florida amending Chapter 13 entitled "Licenses"; by creating Article V "Rental Dwelling Units", creating Division 1 entitled "Applicability and Definitions" providing for title, applicability and definitions; creating Division 2 entitled "Residential Notice" to provide notice requirements for termination of monthly residential tenancy without specific duration and rental payment increases; creating Division 3 entitled "Tenant's Bill of Rights and Notice of Late Fees" to provide for notice of tenant rights and late fees for residential tenancies; and creating Division 4 entitled "Enforcement"; providing for codification conflict, severability, and an effective date. First reading took place on October 18, 2022. City Attorney Cirullo read the ordinance into the record. Mayor Penserga said that he is glad that they are doing this because this is common sense. He said that everyone should be informed about their rights as tenants. Commissioner Hay stated that the is happy we are moving forward with this. Vice Mayor Cruz said that this is the right thing to do. Commissioner Turkin thanked the Mayor for bringing this forward. Public Comments: Ernest Mignoli stated that this City has been horrible with many building issues, and that other people are scared to say anything. He said that lots of things that happen in his building get ignored. Susan Oyer asked how these changes will be sent to all of the owners in the City of Boynton Beach. She said that putting it on the website is not enough. She mentioned that this City should look at what Toronto has done, and that we should stop building apartments and make them condos, so they are owner occupied. Deputy City Manager Mack stated that they will be informing all known residential properties that have business tax receipts via mail and within utilities bills. Motion Commissioner Kelley moved to approve Ordinance No. 22-017. Commissioner Hay seconded the motion. In a roll call vote, the motion passed unanimously. 9 Meeting Minutes City Commission Meeting Boynton Beach, FL November 1, 2022 L. Proposed Ordinance No. 22-019 - Second Reading - An ordinance of the City of Boynton Beach Florida amending Article II of Chapter 18 of the Boynton Beach Code of Ordinances entitled Employees' Pension Plan amending section 18-145 City of Boynton Beach Investment Policy for General Employees' Pension Fund; providing for codification conflict severability and an effective date. First reading took place on October 18, 2022. City Attorney Cirullo read the ordinance into the record. Public Comments: There were no public or virtual comments. Commissioner Turkin left the Chambers at 7:40 P.M. Motion Vice Mayor Cruz moved to approve Ordinance No. 22-019. Commissioner Hay seconded the motion. In a roll call vote, the motion passed 4-0, Commissioner Turkin was out of the room at the time. Commissioner Turkin returned at 7:42 P.M. M. Proposed Ordinance No. 22-020 - Second Reading - An Ordinance of the City of Boynton Beach Florida amending Article III of Chapter 18 of the Boynton Beach Code of Ordinances entitled Municipal Police Officers' Retirement Trust Fund amending Section 18-164 to provide for pension contributions by drop members; amending Section 18-175 deferred retirement option plan to provide for 8-year drop; providing for codification conflict, severability, and an effective date. First reading took place on October 18, 2022. City Attorney Cirullo read the ordinance into the record. Public Comments: Ernest Mignoli said that he goes to the Pension Meeting, and he is told he is the only public that comes to the meetings. He spoke about the majority of the budget being for the Police Officers. He asked who is testing applicants for the Fire Fighters positions. Motion 10 Meeting Minutes City Commission Meeting Boynton Beach, FL November 1, 2022 Vice Mayor Cruz moved to approve Ordinance No. 22-020. Commissioner Hay seconded the motion. In a roll call vote, the motion passed unanimously. N. Proposed Ordinance No. 22-021 - Second Reading - An Ordinance of the City of Boynton Beach Florida amending Section 18-300 Creation of Consolidated Deferred Retirement Option Plan to exclude Police Officers and Firefighters and to update for recent changes to the IRS Code; providing for codification conflict, severability, and an effective date. First reading took place on October 18, 2022. City Attorney Cirullo read the ordinance into the record. Public Comments: Ernest Mignoli stated that he cannot comment because he does not know what it is about. Motion Commissioner Turkin moved to approve Ordinance No. 22-021. Commissioner Hay seconded the motion. In a roll call vote, the motion passed unanimously. O. Proposed Ordinance No. 22-023 - Second Reading - An Ordinance of the City of Boynton Beach Florida amending Chapter 23, Taxation, Assessments and Fees, Article IV, Additional Homestead Exemption, Section 23-54 to increase the additional homestead exemption for low- income senior citizens from $25,000.00 to $50,000.00; and amending section 23-54 by creating a new Section 23-54(b)(3) to add an additional exemption for low-income long-term senior citizens. First reading took place on October 18, 2022. City Attorney Cirullo read the ordinance into the record. Mayor Penserga spoke about the income in order to be able to qualify for this. He thanked everyone for their support. Vice Mayor Cruz thanked the Mayor and Commission for supporting this. Commissioner Turkin thanked everyone for bringing this up and that a lot of people are looking forward to this. Commissioner Kelley thanked the Mayor for bringing this up and noted the residents she spoke to are excited. Commissioner Hay said that any time they can help, it is their obligation. 11 Meeting Minutes City Commission Meeting Boynton Beach, FL November 1, 2022 Vice Mayor Cruz thanked staff and the City Attorney for working on this. Public Comment: Susan Oyer asked what about the cost to the City and if it is permanent or if there is a sunset period. Ernest Mignoli said that he a senior and he is having a rough time in his condo. He said that the City will increase the taxes to make up for the loss. Mayor Penserga stated that the backup has the financial impact, which is not significant. He said that the City does not have control of property values and the City has they lowered the millage rate. Commissioner Turkin stated that they did not increase the Fire Tax assessment and staff is working on Impact Fees. Vice Mayor Cruz stated that when she got her tax bill it still had the previous millage rate and she asked when it will change. City Attorney Cirullo said the final tax bills will go out this month. Motion Commissioner Turkin moved to approve Ordinance No. 22-023. Commissioner Hay seconded the motion. In a roll call vote, the motion passed unanimously. 9. City Manager's Report- None 10. Unfinished Business P. Proposed Resolution No. R22-159 - Approve revision to Community Support Funds Policy to allow for equitable spending of the funds by the members of the City Commission. Mara Frederiksen, Director of Financial Services, stated that there are two different options for the use of the Community Support Funds Policy, and she explained the options. Public Comment: Ernest Mignoli stated that he has been trying to get public records for many people in the City and he gets charged thousands of dollars. He said that nobody will return his phone calls or emails. 12 Meeting Minutes City Commission Meeting Boynton Beach, FL November 1, 2022 Commissioner Turkin asked about follow-up for the nativity scene. Deputy City Manager Mack said that he does not have the answer yet. Mayor Penserga asked for direction to staff and said that he believes they are in general agreement to make this only for seats that are up for election. Ms. Frederiksen reiterated the two options. There was consensus for Option 1. Motion Commissioner Hay moved to approve Resolution No. R22-159, with Option 1. Commissioner Kelley seconded the motion. The motion passed unanimously. 11. New Business Q. Discussion on regulating Short-termNacation Rentals based on initial research provided by staff and provide direction relative to establishing local standards. Tabled from the August 16, 2022 Meeting. Former City Planner Michael Rumpf spoke about Short-termNacation Rentals (STRs) as follows: Overview; Current City Process; Legal Limits to Local Regulations; Observations/Comparisons; Final Notes and Considerations; and Questions/Discussion. Mayor Penserga stated that there are some good ideas in this and that are common sense. Commissioner Turkin stated that this is a great presentation. Vice Mayor Cruz spoke about the following concerns that she heard from residents: designating property managers or resident agent; provide screening to people staying in the house; number of cars being parked at AirBnBs; public nuisances at a home; and giving corrective measures. Mayor Penserga stated that we need to amend some of our policies. He asked if these companies check for sexual predators. Mr. Rumpf said no, but it is not uncommon to have that language in the resolutions. Mayor Penserga asked about party houses and if we are doing something for this. 13 Meeting Minutes City Commission Meeting Boynton Beach, FL November 1, 2022 Mr. Rumpf spoke about actions that AirBnB has taken against these actions. He commented on the suggestions by Vice Mayor Cruz. Mayor Penserga asked how parking is calculated and how can they enforce parking issues. Mr. Rumpf explained how it is calculated in the parking regulations, currently. He said that we can be more stringent. He spoke about what can be done legally. Commissioner Kelley stated that the regulations create a symmetry across the City, so people know what to expect with STRs. She stated that she would like to know what we can do as a city to address these issues. Commissioner Hay stated that he knows when people do not belong in the neighborhood and asked what challenges that they have come across. Mr. Rumpf stated that Wellington is the nearest city we can look at. He said that all cities have ways to penalize and they can look further into it. He said that there are prohibitions against some things that they can do. Vice Mayor Cruz stated that she has talked about being safe and we need to seek a policy that will be able to protect residents. She spoke about the trash issue that comes with rentals. Adam Temple recognized Mr. Rumpf for coming back after his retirement to work on this. R. Discussion on changing Sister Cities, requested by Commissioner Turkin. Commissioner Turkin stated that he loves the Sister City Program and given the military tension with China, the Sister City there should not be supported. He spoke about what is great with having a Sister City and that he is looking at supporting another city in a different area. Mayor Penserga stated that he is not aware of the process, but he understands that it goes through Boynton Beach Sister Cities. Commissioner Hay stated that he understands Commissioner Turkin, but he would like to understand this better before voting on this tonight. Susan Oyer stated that she is the Vice President of Sister Cities and she spoke about the history of supporting China. She said that the President of Sister Cities has asked for this to be tabled. She said that they try to find a city that has a similar background. She said that they are talking about merging with the City of Delray Beach. She said that they have been looking at other countries to support. 14 Meeting Minutes City Commission Meeting Boynton Beach, FL November 1, 2022 Commissioner Turkin stated that Idle, Israel is one that is allowed, and that dual Sister Cities are allowed as well. Ms. Oyer stated that the whole goal is to promote peace that there should be discussion with everyone on the Board. She stated that this is a separate organization and is not a City Board, but they want more involvement. Commissioner Turkin read the process from the Sister Cities website into the record. Commissioner Hay stated that this needs to be discussed and researched before making a decision. He stated that he would like to table this. Commissioner Turkin stated that they need to be a City to support what is right and condemn what is wrong. Commissioner Hay agreed and thanked Commissioner Turkin's dad for his service. Commissioner Kelley stated that they should always revisit their connections with the rest of the world. She said that she is open to reviewing this and working with Boynton Beach Sister Cities. Vice Mayor Cruz stated that she is respectful of the opinions of the Commissioners and will connect with Sister Cities to understand it more. Mayor Penserga stated that there is consensus to research this further, and have it as a future agend item. S. Proposed Resolution No. R22-160 - A Resolution of the City of Boynton Beach, Florida, Issuing a Motion to Proceed Pursuant to Resolution No. R15-020 and Approving and Authorizing the Mayor to Sign a Comprehensive Agreement for Ground Lease and Training Facility ("Comprehensive Agreement") with Primetime Sports Group, LLC to design, construct, operate, lease, maintain, and fund an indoor training facility to provide sports training specializing in baseball and completion of ancillary improvement projects listed in the Comprehensive Agreement at East Boynton Beach Little League Park. Mayor Penserga read the resolution into the record. Kacy Young, Recreation & Parks Director, spoke about the Little League Park Training Facility as follows: Project Introduction and History; Project Scope; Little League Park - Phase 1; Little League Park- Master Plan. He stated that Phil Terrano from Primetime Sports Group is here to answer questions. 15 Meeting Minutes City Commission Meeting Boynton Beach, FL November 1, 2022 There was discussion regarding the following: parking; ADA compliance; playground; hours of operations; the bathroom situation; moving the memorial wall; and the process about how the issues with a concession stand building will be addressed. Phil Terrano stated that the biggest concerns he can relate to because he has been around there since he was six years old. He thanked staff for allowing him to present and gave a history on this park for him. He had a slide show with pictures of baseball teams and working at the field. He said that the facility that he is proposing is for all sports, and for all kids in the community. He spoke about the safe play field for athletes in the miracle league. He said that his goal is to make this the new field of dreams. Commissioner Turkin stated that Mr. Terrano hit it home when he said that no kid gets left behind. He said that sports are important as a youth, and whatever we can do to invite more kids is important. There was further discussion regarding: scholarships; name of the nonprofit; what can be done with the nonprofit to bring in professional athletes; other sports that would be played on that field; challenges with parking; Little League Board opinion; maintenance for the facility; making sure staff is protected with provisions in the agreement; scoreboards throughout the fields; demoing the current city facilities in the park; renting the space for 30 years; how many people can fit in the building; similar projects in Deerfield Beach, Port St. Lucie, Michigan, and Colorado; a hotel being built in other facilities because of the business it brings to the community; making Boynton Beach a destination city; and who will maintain the facility. Mr. Terrano played a video from professional baseball players that are supporting this initiative. Public Comment: Susan Oyer stated that this is the right plan, but wrong location. She mentioned that when baseball is brought into a city, there is money lost, such as in Jupiter. She spoke about this property being for the cemetery. Thomas Thebow stated that he has a design that they might be interested in and will bring in income. He spoke about creating electricity to help save energy. Barbara Ready stated that she spent 10 years on the Little League Board and it is near and dear to her heart. She said that she has some concerns and wants to know the impact to the park, and said that we need to find a better place for this. She said that it is not additional parking, it's just newly paved parking. She commented on the 54-page document, the 50-year lease, and the Saturday hours. Randy Charnen stated that he has been working at this field for many years, and his 16 Meeting Minutes City Commission Meeting Boynton Beach, FL November 1, 2022 whole family has been raised at that field. He stated that this is a place for kids and we need that. Ernest Mignoli stated that they pack the Commission chambers with people that are "pro" agenda items, and then the other people who are against it are threatened. He said that he doubts that every kid from every area in Boynton Beach will be able to make it there and be treated equally. He said that he thinks this is a high profit organization. Jeff Aubrey stated that he met Phil Terrano when he was 8 years old and is now 43 years old. He said that everything needs work over there and Phil is willing to work on it. Virtual Comments: 4 John McVeigh stated that he was a Little League player and that when it comes to this project, it is guaranteed baseball in the City. He addressed the memorial wall and said that the idea of the memorial will still be honored and that it should not prevent anything from happening in the field. Jessie Debrowner stated that he grew up playing baseball here, he said that nobody wanted to play in Boynton and Phil is trying to make this a field where people want to be. He said that high profile athletes will bring in more kids. Jaqueline Sly stated that she used to play there and her kids do now too. She has a few concerns: who is funding this; she saw what can happen when it is not maintained; facility closes at 5pm and would not benefit kids because they are still at school. Jessica Ferguson stated that she has boys that play there and she is on the Board. She spoke about clarification that is needed regarding who is building it. She said that this is the wrong location for this and said that this should be tabled so that more people can attend and be involved. She said that there should be two fields, not just one. There was discussion regarding comments made, as follows: responsibility of Primetime Sports according to the agreement; working on this for the kids and the community; what the resolution is approving; if a site plan would have to come back- permitting and approval process; this being a minor site plan, under 10K square feet; language in the agreement regarding a larger facility; clause regarding having the final site plan be approved by the City Commission; and if there has been any submission of a plan from XLB. Vice Mayor Cruz stated that this is a big deal, and they need to make sure that they are doing the right thing for the community. 17 Meeting Minutes City Commission Meeting Boynton Beach, FL November 1, 2022 Mr. Terrano stated that there will always be naysayers and we should do this for the right reasons, and he is willing to work with the community. He stated that west Boynton Beach schedule their fields around 18 teams, not 8, like East Boynton Beach. Commissioner Hay stated that his position is that the good outweighs the bad. He said that there is a tremendous hunger for athletics in Boynton Beach. He spoke about the facility that he saw in PBG and other locations being a potential area for cemeteries. Motion Commissioner Hay moved to approve Resolution No. R22-160, with the amendment that the final site plan has to come back to the Commission for approval. Commissioner Turkin seconded the motion. The motion passed unanimously. Due to time, Commissioner Turkin stated he would like to table the item he requested to add Wounded Warriors and the ARPA funded. City Attorney Cirullo replied the item will be added to future agenda. 12. Legal A. Proposed Resolution No. R22-161 - Authorize the Mayor to sign an Easement Agreement with Boynton Wildlife, LLC. to allow access, evaluation, restoration and maintenance of the mangrove wetland area located at Intracoastal Park. Manager Mack, Deputy City Manager, stated they were approached by an organization to do this park. He explained the restoration project. Franky Lazo, Recreation & Parks Assistant Director, reiterated what was said and added that they have been working with legal to make sure everything lines up. He said that this would enhance the native trees and they will be working with many entities to make this work. Commissioner Kelley asked for staff to look at what has to be done to prevent garbage from accumulating on the mangroves. Mr. Lazo stated that this is the first of hopefully many projects to come. There was consensus that this is a great project. Public Comment: 18 Meeting Minutes City Commission Meeting Boynton Beach, FL November 1, 2022 Barbara Ready asked for clarification on what project this is offsetting, which was mentioned by Mr. Lazo. Thomas Thebow stated that this project could be benefitted by his Nora's Natural Stream System. Ernest Mignoli spoke about the way meetings are ran. He said that everything that is being approved is for out-of-towners. Motion Vice Mayor Cruz moved to approve Resolution No. R22-161. Commissioner Kelley seconded the motion. The motion passed unanimously. B. Proposed Resolution No. R22-162 - Approve the Tenant Bill of Rights City Attorney Cirullo read the resolution into the record. Public Comment: Ernest Mignoli stated that everyone has an issue with people at the City and is suing the City. Thomas Thebow stated that he is the owner of the plantation because Jesus gave it to everyone. He pointed out that the Police Department is great. Motion Commissioner Kelley moved to approve Resolution No. R22-162. Vice Mayor Cruz seconded the motion. The motion passed unanimously. 13. Future Agenda Items T. Report on the status of infrastructure within the City, requested by Mayor Penserga - November 15, 2022 U. Proposed Ordinance No. 22-018 - Second Reading - Approve modifications (CDRV 22-005) amending the Part III LAND DEVELOPMENT REGULATIONS, Chapter 1 , Article II. Use Definitions, Chapter 3. Zoning, and Chapter 4, Article III. Exterior Building and Site Standards (CDRV 22-005), to include requirements for commercial frontage. First reading took place on October 18, 2022.- December 6, 2022 V. Continued discussion regarding a potential park in Leisureville and creating a Restrictive Covenant on this parcel, requested by Vice Mayor 19 Meeting Minutes City Commission Meeting Boynton Beach, FL November 1, 2022 Cruz. - January 2023 W. Legal options for preserving the future park site in the Meadows subdivision as green space, requested by Commissioner Kelley. - TBD X. Discussion regarding the potential research into a coral reef at oceanfront park to attract tourism and help repair damage caused by humans to the environment, requested by Commissioner Turkin- TBD Y. Proposed Ordinance No. 22-022 - Second Reading - Approve modifications (CDRV 22-006) to Part III. LAND DEVELOPMENT REGULATIONS amending Chapter 2 Land Development Process, Article II Planning and Zoning Division Services, Section 1 .F to allow for an expiration of abandoned applications and Section 7.G to establish a process for Zoning Interpretations and; Chapter 3. Zoning, Article II General Provisions Section 11 to create an exemption for City-owned telecommunication towers used for essential services and; Article III. Zoning Districts and Overlay Zones, Section 2.B revising the parameters for permitted Administrative Adjustments; Article IV. Use Regulations, Section D, Footnote 23 to revise the regulations for industrial uses on arterial and collector roadways; Chapter 4. Site Development Standards, Article V. Minimum Off-Street Parking Requirements, Section 3.G to include a sustainable parking ratio for select industrial uses. First reading took place on October 18, 2022.-TBD Z. Proposed Ordinance No. 22-024 - First Reading - Approve modifications to reduce building heights in MU-C and MU-4 Zoning Districts (CDRV 22- 004) amending Chapter 3. Art III. Sec 1 .E Table 3-4. Mixed Use Urban Building and Site Regulations. (Tabled from October 18, 2022 Meeting - TBD) City Attorney Cirullo announced a request for closed door session regarding JKM. He asked for a shade meeting regarding E2L. He said that they will coordinate of a time for both. 14. Adjournment Motion Commissioner Turkin moved to adjourn the meeting. Commissioner Hay seconded the motion. The motion passed unanimously. There being no further business to discuss, the meeting was adjourned at 11:07 P.M. 20 Meeting Minutes City Commission Meeting Boynton Beach, FL November 1, 2022 CITY OF BOYNTON BEACH ATTE : JO Maylee '!e4-sus, MMC City Cle � �. S1TOly 6�_ ` .�QORAre••• t1 , o • • _; S no's 920 21 , . I