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Minutes 01-03-23 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, January 3, 2023, 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 6:00 P.M. Roll Call City Clerk Maylee De Jesus called the roll. A quorum was present. Invocation by Pastor David Wiggins, St. John's Missionary Church Invocation was given by Pastor David Wiggins. Pledge of Allegiance to the Flag led by Vice Mayor Angela Cruz Vice Mayor Cruz led the Pledge of Allegiance to the Flag. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Penserga asked for Item 12A to be moved up to after 7A. Commissioner Kelley requested to add a review of advisory boards ordinance to future agenda. Commissioner Turkin asked to table Item 8A. He asked staff to look into an ordinance for a tent for paraphernalia shops; downtown policing unit; facial recognition camera compliance by all small businesses; and partner with the Castro family on a memorial, to honor his name. He congratulated the Fire Department on their promotions. Mayor Penserga asked to have the discussion at the next meeting regarding the tent paraphernalia shops. He asked Commissioner Turkin to clarify the request for a downtown police unit. Meeting Minutes City Commission Meeting Boynton Beach, FL January 3, 2023 Commissioner Turkin spoke about the concerns in the downtown area and wanting to have more Police presence. Mayor Penserga said that it may be a report from the Chief about the status of an action plan for the downtown. City Manager Dugger stated that they are working on getting something memorialized for Sgt. Dennis Castro. Vice Mayor Cruz asked to move Item 8A to after 12A, which was moved up to 7A. Commissioner Hay asked to add an update on additional cemetery land for the City of Boynton Beach to future agenda items. He stated that Bishop Bernard Wright was hit by a car last week, and he would like to call for a moment of silence for Bishop Wright. There was a moment of silence to honor Bishop Wright. Motion: Vice Mayor Cruz moved to approve the agenda, as amended. Commissioner Turkin seconded the motion. The motion passed unanimously. 2. Other A. Informational items by the Members of the City Commission. Commissioner Hay stated that he has no disclosures, and he wished everyone a Happy New Year. Vice Mayor Cruz wished everyone a Happy New Year. She disclosed that she spoke to Jeff Burns from Affiliated regarding item 8A. Commissioner Turkin stated that he spoke with Affiliated regarding item 8A. He asked for clarity on water being shut off at the 500 Ocean building. Commissioner Kelley disclosed speaking to Affiliated regarding item 8A. She spoke about the holiday gift baskets that were given out to children and their families in Boynton Beach. She thanked all of staff for their help, and the Council for giving money to it. Mayor Penserga read a letter from a resident in Nautica Sound regarding excellent service from Public Works employees, especially Andre Tookes. 3. Announcements, Community and Special Events And Presentations 2 Meeting Minutes City Commission Meeting Boynton Beach, FL January 3, 2023 A. Announcement of the 51st Annual Holiday Parade Awards by Gabrielle Favitta, Events Division Manager. Ms. Favitta stated that they received 55 award entries. She announced the 51st Annual Holiday Parade Awards. The award winners are: Boynton Beach Garden Club, Boynton Beach Community High School, Max M. Fisher Boys and Girls Club, Suncoast High School Marching Band, Royal Palm Beach High School Groove Marching Band, Faiths Place Center for Arts Education Inc. Band. The People's Choice Award goes to Christa McAuliffe High School. The Mayor's Choice Award winner is Congress Middle School. She also announced the January 16 MLK Day of Service and Celebration. B. Announce Chlorine Flushing Maintenance of Public Water Supply from January 5 - 25, 2023 to City of Boynton Beach Utilities Customers Mayor Penserga announced the Chlorine Flushing Maintenance of Public Water Supply from January 5 - 25, 2023. He read the notice into the record. 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) David Katz spoke about Joe Josemond, and stated that he went to the Supervisor of Elections to request information regarding Mr. Josemond's address changes. He stated that Mr. Josemond has never lived in any of the addresses that he has stated that he lives in. Mack McCray stated that we have a charter and one of the requirements is living within the district for a year. He read into the record a letter by Kathy Harris, regarding the address that Mr. Josemond stated that he lived at when he filed his Notice of Intent to Run. Danny Ferrell stated that he wanted to speak about the Senior Advisory Board. He said that they did 150 baskets for residents of the City and donated the leftovers to the Benvenutos, to give out food. He spoke about housing in the City, and said that first responders and teachers are not the highest paid, but are hard workers, and that one issue is meeting median income, in order to be eligible for workforce housing. He asked that the Commission work with Palm Beach County about getting proper workforce housing in the City, and to gear it towards the lower end of the pay scale. Susan Oyer stated that sister cities is running a program "Home is Where the Art is" and they are collecting artwork. She spoke about affordable housing and stated that we should build condos and townhomes and not apartments. She agreed with the prior speakers, that the candidates need to live in the district where they say that they live, and this person does not live there and should not be able to run for the district seat. 3 Meeting Minutes City Commission Meeting Boynton Beach, FL January 3, 2023 Bryce Graham stated that he has been coming to Boynton Beach to fight for justice for Stanley Davis III, and on the one-year anniversary, Bishop Bernard Wright was hit by a car. He stated that the Police Department has been working tirelessly to find the person that hit him. He mentioned that there should not be someone that is allowed to be on the ballot if he does not qualify. He wished everyone a Happy New Year. John Danes acknowledged the dais for the program that they allowed Bill Tome to be the Director at the Boynton Beach PAL Program. He spoke about his experience with Mr. Tome and working with him on the PAL Program. He said that he looks forward to working with the dais and the community. Cindy Falco DiCorrado spoke about the separation of church and state. She stated that the Commissioners are violating the law. She asked for the City to remove the LGBTQ+ flag within 30 days. Mara Conye spoke about the LGBTQ+ flag that is painted at the intersection, and the art piece with benches on the corner of Ocean Avenue and Seacrest Blvd. David Burr stated that he used to be a Boynton Beach City Commissioner and said that that idea of what is going on is disgusting because as long as nobody hurts anyone else, they should be created equally. Harry Woodworth thanked everyone that came out to the Inca Holiday Party, and that the City Manager reached out to them for a follow up meeting and he thanked staff. Vinnie Marino stated that the LGBTQ+flag is discrimination, and spoke about a removable flag statute, and said that it is a disgrace to have it near a school. She said that they expect to see the flag removed within 30 days. Ernest Mignoli stated that he wants everyone to contact him to help the City come back together. He stated that he has the most investigative experience than anyone else, but he can not get information as a "press" person. He stated that the Police presence scares people from coming to the meetings. Virtual Speakers: 1 hand was raised. Vanessa Del Monte stated that she wants to talk about the pedestrian walkway at 6th Street on Ocean Avenue, and that it is important to prioritize safety from people driving through there. She stated that there is a developer of a community that wants to be involved and help build the walkway. 5. Administrative A. Appoint eligible members of the community to serve in vacant positions on City Advisory Boards. 4 Meeting Minutes City Commission Meeting Boynton Beach, FL January 3, 2023 Commissioner Hay asked for verification regarding Joe Josemond. City Attorney Cirullo stated that the City Clerk is ministerial, and she does not investigate. He stated that there is a way to challenge the candidate. Commissioner Hay stated that verification of addresses question has come up to him. City Attorney Cirullo reiterated that there is a forum, and the City Clerk does not determine that. He stated that if someone wants to challenge the residency, they go through the court. Vice Mayor Cruz stated that the Supervisor of Elections (SOE) works together with the City Clerk. City Attorney Cirullo stated that the City Clerk is the Supervisor of our elections but the she does not investigate the information. City Manager Dugger stated that we do not have a precedence because this has not happened before. He said that he will work with Legal to verify the complaint. He said that he will speak with each Commissioner, and he will make sure that all laws are complied with. Commissioner Turkin stated that the qualification paperwork does not require something, like a City utility bill. He asked if they wanted to change the charter does it need a referendum. City Attorney Cirullo responded yes. Motion: Commissioner Turkin moved to appoint Laura Fasolo to the Regular position on the Employee's Pension Plan Board for 3 years. Commissioner Hay seconded the motion. The motion passed unanimously. Vice Mayor Cruz was absent for the vote. Motion: Commissioner Kelley moved to appoint Victor Norfus to the Alternate position on the Historic Preservation Board for one year. Commissioner Hay seconded the motion. The motion passed unanimously. Motion: Mayor Penserga moved to appoint Russell Faine to the City Resident position on the Police Officers' Retirement Trust Fund for 4 years. Commissioner Hay seconded the motion. The motion passed unanimously. Commissioner Turkin asked if someone must apply for a Board before being nominated. 5 Meeting Minutes City Commission Meeting Boynton Beach, FL January 3, 2023 Mayor Penserga stated the interested person should contact the City Clerk for the forms. 6. Consent Agenda A. Proposed Resolution No. R23-001- Approve Resolution of Support for the Florida Department of Transportation to include the design and construction of a pedestrian crossing of East Ocean Avenue at NE 6th Street in its East Ocean Avenue resurfacing project. The City would need to fund its portion of the design and construction. B. Proposed Resolution No. R23-002 - Approve and authorize the City Manager to sign Grant Agreement with the Florida Inland Navigation District and all subsequent amendments and documents for the Boynton Beach Fire and Police Dock and Lift Phase 1. C. Proposed Resolution No. R23-003- Approve and authorize the Mayor to sign a FEMA Building Resilient Infrastructure and Communities Grant (BRIC)grant application to the Florida Division of Emergency Management (FDEM) for the Heart of Boynton Infrastructure Retrofit and authorize the execution by appropriate City officials of all documents associated with the grant application. D. Proposed Resolution No. R23-004- Authorize the City Manager to sign all documents associated with the acceptance and grant agreement for the Victims of Crime Act grant subject to the approval of the City Attorney. E. Approve Task Order SCADA-12-2023 with McKim & Creed in the sum of $54,650.00 for assistance with Remote Site Programmable Logic Controllers (PLC) upgrades in accordance with RFQ No. 038-2821-19/TP for Supervisory Control and Data Acquisition (SCADA) System Programming, Preventive Maintenance and Repair Services as approved by Commission January 21, 2020. F. Approve Task Order 23-B-01 with Engenuity Group, Inc., in the amount of $83,024.00 in accordance with RFQ No. UTL22-014, Professional Surveying and Mapping Services, awarded by City Commission on June 21st, 2022 to provide professional surveying services, for the road and sidewalk rehabilitation on SW 8th Street and a portion of the neighborhood known as "Lake Boynton Estates". G. Proposed Resolution No. R23-005- Amend the FY 2022-23 budget, which will adjust budgeted appropriations and revenue sources and provide spending authority for the General Fund (001), Building Fund (130), Parks & Recreation Trust Fund (141), General Government Capital Improvement Funds (302 & 303), the Utility Capital Improvement Funds (403 & 404), the 6 Meeting Minutes City Commission Meeting Boynton Beach, FL January 3, 2023 Golf Capital Improvement Fund (412), and the Fleet Fund (501) for previous years Purchase Orders. H. Proposed Resolution No. R23-006- Adopt the 2022 Affordable Housing Advisory Committee Housing Incentives Review Report. I. Legal Expenses - November 2022 - Information at the request of the City Commission. No action required. J. Legal Expenses - October 2022 - Information at the request of the City Commission. No action required. K. Approve the one-year extension for RFPs/Bids and/ or piggy-backs for the procurement of services and/or commodities under $100,000 as described in the written report for December 20, 2022 - "Request for Extensions and/or Piggybacks." L. Accept the written report to the Commission for purchases over $10,000 for the month of November 2022. M. Approve minutes from the November 10, 2022, November 29, 2022, and December 15, 2022 Special City Commission Meetings for Closed Door Sessions, and the December 6, 2022 and December 20, 2022 City Commission Meetings. Commissioner Kelley pulled items 6C, 6D, and 6H. Motion: Commissioner Hay moved to approve the remainder of the consent agenda, as amended. Commissioner Kelley seconded the motion. The motion passed unanimously. 6C - Proposed Resolution No. R23-003- Approve and authorize the Mayor to sign a FEMA Building Resilient Infrastructure and Communities Grant (BRIC) grant application to the Florida Division of Emergency Management (FDEM) for the Heart of Boynton Infrastructure Retrofit and authorize the execution by appropriate City officials of all documents associated with the grant application. Poonam Kalkat stated that they heard from FEMA that they might not be able to fund this grant, but that the work should be done and they have a presentation regarding what can be done. She spoke about this as follows: FEMA Building Resilient Infrastructure and Communities (BRIC) Grant FY2022; MAP of the "Heart of Boynton Beach" area; Project Purpose; Proposed Mitigation Activity; Infrastructure Needs for Water Needs; Sanitary Sewer Needs, Storm Water Needs, and Roadway Needs; Budget; Phase I; Phase II; Building Resilient Infrastructure and Communities BRIC Grant FY 2022 Timelines; and Questions. 7 Meeting Minutes City Commission Meeting Boynton Beach, FL January 3, 2023 Commissioner Kelley thanked her for the presentation. Commission Hay asked if the northwest corner on Gateway is included in the design. Ms. Kalkat stated that she will take a look and said that they will do phased approaches to work that is needed in the City. Motion: Commissioner Turkin moved to approve Resolution No. R23-003. Commissioner Hay seconded the motion. The motion passed unanimously. 6D - Proposed Resolution No. R23-004- Authorize the City Manager to sign all documents associated with the acceptance and grant agreement for the Victims of Crime Act grant subject to the approval of the City Attorney. City Manager Dugger explained the Victim Advocate position and thanked staff that was able to get this grant, which has approximately $74,000 in funding. Commissioner Turkin asked how the Victim Advocate will be chosen. City Manager Dugger stated that it will be through the normal hiring process. Motion: Commissioner Kelley moved to approve Resolution No. R23-004. Commissioner Hay seconded the motion. The motion passed unanimously. 6H - Proposed Resolution No. R23-006- Adopt the 2022 Affordable Housing Advisory Committee Housing Incentives Review Report. RJ Ramirez, Community Improvement Manager, presented the State Housing Initiatives Partnership (SHIP Grant Program) as follows: The AHAC responsibilities; eleven housing incentives strategies; discussion of incentives; 2022 AHAC recommendation; and City staff comments/suggestions. Commissioner Kelley stated that she sits on this committee and one of the concerns is that there are staff recommendations that she wanted read on the record, such as permitting fee reduction. She wanted to get it on the record about why some things cannot be done, and the incentives that they are recommending. Vice Mayor Cruz asked how a resident can participate. Mr. Ramirez explained that the residents can contact him or go online and submit the application. He explained what documents are necessary for this program. 8 Meeting Minutes City Commission Meeting Boynton Beach, FL January 3, 2023 Commissioner Kelley asked how to direct staff to amend the report before being submitted. Mr. Ramirez stated that the comments will be sent with the revision to the Florida Finance Corporation and explained how they will be added in the SHIP Program. Motion: Commissioner Kelley moved to approve Resolution No. R23-006. Commissioner Hay seconded the motion. The motion passed unanimously. 7. Consent Bids and Purchases over $100,000 A. Approve the purchase of Water Meters and Equipment with Sensus USA as an awarded vendor for the maintenance and replacement of water equipment for the City's Utility Metering System. The City is currently using Sensus's Advance Metering Infrastructure (AMI). Items will be ordered on an "as needed" basis for the estimated annual expenditure of $950,000. Motion: Commissioner Hay moved to approve the Consent Bids and Purchases over $100,000. Commissioner Kelley seconded the motion. The motion passed unanimously. 12A- Proposed Resolution No. R23-008- Approve Settlement Agreement in the case of the City of Boynton Beach, a Florida municipal corporation, Plaintiff, vs. JKM BTS CAPITAL, LLC, Defendant - Palm Beach County Circuit Court Case Number: 50- 2020CA012780-XXXX-M B. City Attorney Cirullo read the process into the record, and explained who is present here today regarding this. He stated that they are not voting on any development applications, just the settlement agreement. Attorney Thomas Baird, Special Counsel from Jones Foster, stated that their law firm is the oldest in Palm Beach County and he gave a history of their background in this lawsuit. He spoke about the litigation process that they have gone through. He said that continuing with litigation will delay the project, and that they are on a trial docket for September, unless they have a settlement. He explained the settlement agreement that is proposed. He said that there are no obligations to the new developer, and they are not required to approve any new development plan. He stated that the hope is that they will receive a better development plan, and once that is approved, development will move forward. He commented that this is a magnificent project that would compliment our amazing City Hall. He stated that if we find that the settlement agreement is not acceptable, they are probably looking at another few years again to negotiate. Commissioner Hay asked at what point do they have to not deal with JKM. 9 Meeting Minutes City Commission Meeting Boynton Beach, FL January 3, 2023 Attorney Baird responded that they will not have to deal with JKM once they sign the settlement agreement, but it is contingent upon the sale of the property. Commissioner Turkin stated that it is a disgrace that we are sitting here dealing with this and that they had to take this issue on from the prior Commission. He said that he would like to have something move forward, and that he would like to partner with the new company to make sure that it works for the community. Commissioner Kelley stated that residents always ask why the City could not get their land back and asked if there was any discovery that they came across that would allow them to retain their land back. Attorney Baird stated that absence proving that there was fraud, it would be difficult to get that land back. He said that there was no claim to fraud in the discovery. Commissioner Kelley stated that they have worked very hard to make this move forward, and that the City needs to see this move forward. Vice Mayor Cruz stated that this is not the ideal situation, however, it could be a very lengthy process and it would be risky for the City if they did not approve the settlement agreement. She said that it is their duty to seek the best route to move forward. Kathleen Rosemell, part of the special counsel team, highlighted a few of the points previously spoken about. She commented about the settlement agreement being contingent on the development agreement. She said that JKM has been working on a contract with Time Equities for the sale of the property. She further explained the process regarding the settlement agreement. Harvey Oyer, of Shutt and Bowen, LLP, representing Time Equities, spoke about the history of Time Equities, and about some of their properties. He reiterated the process that could happen if they do not go through with the settlement agreement. He mentioned the Casa Mara project in the City of West Palm Beach and their victory with that property. Robert Singer, Time Equities, spoke about the company as follows: introduction of Chairman & CEO, and staff; Tenacity & Wisdom; TEI Development Case Studies; and he showed pictures of properties that they worked on. He thanked the staff for all of the work that they have done so far on this. Bradley Miller, Land Planner with Urban Design Studio, spoke about their relationship with Time Equities and stated that they will get a better project with this developer. Mayor Penserga explained the process that they will follow. Commissioner Hay stated that he feels comfortable moving forward with these companies. He said that the concern was financing, and he does not see that as a concern with this developer. He stated that he would love to see this completed in his 10 Meeting Minutes City Commission Meeting Boynton Beach, FL January 3, 2023 lifetime. Vice Mayor Cruz thanked the partners for coming and giving them hope for the future. She said that this gives her a lot of hope for a beautiful project. Commissioner Turkin stated that he is happy that there is no concern for funding. He is looking forward to the site plan approval and hopes for something great in those empty lots. Commissioner Kelley thanked them for coming and introducing themselves to the residents, to get peace of mind on this project. Public Comments: Tom Ramiccio welcomed Time Equities and stated that it is refreshing to have developers that can proceed with a project. He said that he is concerned with the way they adopted the settlement agreement, especially the shade meetings that happened. He spoke about the options agreement. Mark Karageorge stated that the past is history and we need to move forward. He urged them to agree to the settlement agreement because it is the best we can do. He stated that closed door sessions are necessary sometimes. Harry Woodworth stated that the concern is switching this to a development problem, not a legal problem. He stated that we should move forward with the settlement agreement. Virtual Comments: 1 hand Ramona Young stated that we should move forward, but we need to remain transparent. Motion: Commissioner Turkin moved to approve Resolution No. R23-008. Commissioner Hay seconded the motion. The motion passed unanimously. Commissioner Turkin asked that Time Equities go to the property owners that will be directly affected, since they live right there next to the property. 8. Public Hearing 6 p.m. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Approval of Variance (ZNCV 23-002) of Part Ill, Chapter 4, Article II, Section 4.B.3.c — Urban Landscape Buffer (Type 2), to grant a variance of seven (7) feet from the required twelve (12) foot buffer, to allow for a five 11 Meeting Minutes City Commission Meeting Boynton Beach, FL January 3, 2023 (5) foot wide landscape buffer, and the elimination of the requirement to provide a six (6) foot tall masonry wall. Commissioner Turkin stated that he wanted to table this item. Mayor Penserga asked if the Commission would like to hear the presentation or table the item. Vice Mayor Cruz stated that it would be a benefit to the City to look at the site plan, as we are looking at the variance. Mayor Penserga stated that there is consensus to move this item to the next meeting. Amanda Radigan, Planning and Zoning Director, stated that it is looking to go to the Planning and Development Board on January 24th then move forward at the City Commission meeting on February 21st Vice Mayor Cruz stated that it would be beneficial to discuss this item so that they have ideas and perspectives moving forward. City Attorney Cirullo stated that if they are not talking about the variance, and just about the process, they can move forward. Commissioner Turkin asked if time is a concern. There was discussion regarding the timeframe to get this variance and site plan to move forward. Vice Mayor Cruz stated that Affiliated is here, and it would be beneficial to have a discussion regarding this since they are already here. Jeff Burns, CEO of Affiliated, stated that he is excited about the Time Square Project. He stated that he understands why they would like to hear about the variance in totality with the site plan. He said that this does not affect their planning. Commissioner Turkin clarified that they do not mind waiting. Mr. Burns responded yes. Ms. Radigan clarified the process and timeline. Motion: Commissioner Turkin moved to continue the item to the February 21, 2023 City Commission Meeting. Commissioner Hay seconded the motion. The motion passed unanimously. 12 Meeting Minutes City Commission Meeting Boynton Beach, FL January 3, 2023 B. Proposed Ordinance No. 22-024- Second Reading - Approve the establishment of the Mixed-Use Downtown (MU-DT) zoning district (CDRV 22-004) amending Part II Land Development Regulations Chapter 3. Art III. Sec 1.E (Table 3-4). Mixed Use Urban Building and Site Regulations and Sec 5.C.1. Building and Site Regulations (Table 3-22). Ms. Radigan stated that there have been no changes between first and second reading. Commissioner Turkin stated that he will repeat his ask to lower the density from 70 to 60 units per acre. Motion: Commissioner Turkin moved to approve Ordinance No. 22-024 and lower the density from 70 to 60 units per acre. Commissioner Hay seconded the motion. Attorney Cirullo read the Ordinance by title. Public Comments: Susan Oyer stated that she is disappointed in this, and that none of the residents want this. She said that over 90% of the residents voted to not have it higher than 4 stories, but they are being ignored. Harry Woodworth stated that he has been up here to speak against the high density since 1984. He said that it is too dense, that they should listen to the people, and give the residents the space to live. Virtual Comments: 1 hand was raised. Gregory Hartman stated that Commissioner Turkin's recommendation is a good compromise. He said that with more people, there will be more traffic and it will only get worse. In a roll call vote, the motion passed unanimously. Commissioner Turkin stated that this is a win-win situation and a way to continue to have responsible development. He thanked City staff with working on this and with him. 9. City Manager's Report- None 10. Unfinished Business A. Approve updated eligibility requirements and total funding amount for the ARPA Small Business Assistance Grant Program. 13 Meeting Minutes City Commission Meeting Boynton Beach, FL January 3, 2023 John Durgan, Economic Development Manager, spoke about the ARPA Small Business Assistance Grant Program as follows: City Commission feedback; determining program funding / eligibility requirements; and tiered system options. Commissioner Turkin commended Mr. Durgan on his work. Mr. Durgan asked how much will be allocated towards this program, and said that the prior maximum was $350K, but he needs a final number. Mayor Penserga stated that he is comfortable with $350K and see what requests come in. Commissioner Hay asked where most of the businesses fall into, under the tiered system. Mr. Durgan stated that he does not have a number, but is happy to follow up with the Commission. Commissioner Turkin stated that he believes that they could help more people with Option 1. Mr. Durgan stated that most municipalities use Option 1 . Vice Mayor Cruz asked if the total loss is less than the minimum grant, would they get just what they lost. Mr. Durgan responded yes. Commissioner Kelley agreed with Option 1 . Mr. Durgan stated that if they do a round 1, he would come back with a report to the Commission. Commissioner Kelley asked what about the timeline, to start seeing results. Mr. Durgan explained that he can make the amendments by next week, and they can get everything advertised next week. He mentioned that he would like to do some marketing outreach for the program. There was discussion regarding the plan for outreach; document requirements; having a workshop to push this out; and having assistance to fill out the grant applications. Commissioner Hay asked if Mr. Durgan feels comfortable working on this as a one 14 Meeting Minutes City Commission Meeting Boynton Beach, FL January 3, 2023 man show. Mr. Durgan responded yes, and he said that they are in the process in hiring someone in a position to be able to help him. Mayor Penserga stated that they should have a formal introduction of the new HR Director at the next meeting. Public Comment: Susan Oyer commended Mr. Durgan on the outstanding job that he did with this. She stated that the marketing is her issue, and she is happy that it was addressed. She asked if there is an email group that can go out to people who apply for Business Tax Receipts (BTR's). Mr. Durgan stated that they do have an email list for BTR's, and they will be using that email blast. Jim Sizic stated that his frustration is that when this was first addressed, they mentioned the elimination of anyone that already received funding. He said that there should be some urgency of need. Mr. Durgan stated that there is preference on those who have not received any kind of funding. Mayor Penserga said that it does not exclude the people who have received funding, it just prioritizes companies that have not received any money. Mr. Durgan clarified prioritizing that there will be a first round, in 2 months with $350K and he will come back with a report. There was discussion regarding the cap on funding towards the project and limitations to the different rounds. There was consensus to get round one going and come back with a report. Motion: Commissioner Turkin moved to approve the updated eligibility requirements and total funding amount for the ARPA Small Business Assistance Grant Program, with Option 1 . Commissioner Kelley seconded the motion. The motion passed unanimously. 11. New Business-None 12. Legal 15 Meeting Minutes City Commission Meeting Boynton Beach, FL January 3, 2023 A. Proposed Resolution No. R23-008- Approve Settlement Agreement in the case of the City of Boynton Beach, a Florida municipal corporation, Plaintiff, vs. JKM BTS CAPITAL, LLC, Defendant - Palm Beach County Circuit Court Case Number: 50-2020CA012780-XXXX-MB This item was moved up and discussed after item 7A. B. B. Proposed Resolution No. R23-009-Approve and authorize the Mayor to sign the Declaration of Restrictive Covenant designating the future park site in the Meadows subdivision as green space. City Attorney Cirullo stated that this was put together at the direction of the Commissioners, with the help of staff. Commissioner Kelley thanked staff for working on this and said that it came about due to communication with residents. She said that this has been a green space for forever, and they would like it to stay that way. Mayor Penserga asked staff to have Community Green get trees out there. Vice Mayor Cruz commended Commissioner Kelley for taking this step and making it happen. Public Comment: There were none. Virtual Comment: There were none. Motion: Commissioner Kelley moved to approve Resolution No. R23-008. Commissioner Turkin seconded the motion. The motion passed unanimously. 13. Future Agenda Items A. Consider revised local rules for approval. - January 17, 2023 B. Continued discussion regarding a potential park in Leisureville and creating a Restrictive Covenant on this parcel, requested by Vice Mayor Cruz. - January 17, 2023. C. Continue discussion on adding a new sister city based on recommendations from Boynton Sister Cities. - February 7, 2023 D. Discussion regarding American Rescue Plan Funds, requested by Mayor Penserga - February 2023 16 Meeting Minutes City Commission Meeting Boynton Beach, FL January 3, 2023 E. Discussion regarding installing a coral reef at Oceanfront Park, requested by Commissioner Turkin — TBD 14. Adjournment Motion: Commissioner Hay moved to adjourn the meeting. Commissioner Kelley seconded the motion. The motion passed unanimously. There being no further business to discuss, the meeting was adjourned at 9:32 P.M. CITY OF BOYNTON BEACH ATT T: ta Mayle: Dc -sus,�T C � ...to PO•.•RqTti i � R . City Clerk f v E �•6) ►J A irvco I' R�RATED: i /I ':• 1920 • '1 F..ORIDP r • 17