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Minutes 06-20-23 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, June 20, 2023, at 7:00 P.M. Present: Mayor Ty Penserga Daniel Dugger City Manager Vice Mayor Thomas Turkin Mike Cirullo, City Attorney Commissioner Woodrow L. Hay Maylee De Jesus, City Clerk Commissioner Cruz Commissioner Aimee Kelley 1. Agenda Items A. Call to Order - Mayor Ty Penserga Mayor Penserga called the meeting to order at 7:09 P.M. Roll Call City Clerk Maylee De Jesus called the roll. Vice Mayor Turkin joined virtually. A quorum was present. Invocation by Commissioner Hay Invocation was given by Commissioner Hay. Pledge of Allegiance to the Flag led by Commissioner Kelley Commissioner Kelley led the Pledge of Allegiance to the Flag. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Mayor Penserga stated that he wants to discuss having a legislative break in the future. He said that he received a resignation letter from the City Attorney, and he wants to discuss next steps. There was consensus to discuss both topics tonight. Vice Mayor Turkin asked for an update on the ordinance for the tent paraphernalia. City Manager Dugger said that he will speak to staff regarding this and will add a future date to this item. Meeting Minutes City Commission Meeting Boynton Beach, FL June 20, 2023 Deputy City Manager Mack stated that some of these future agenda items need consensus from the dais, for staff to move forward. Mayor Penserga asked for the Commission to go through the future agenda item list to give direction to staff, for the next meeting. Commissioner Kelley spoke about the parking master plan and the Commission getting an idea on public parking. She said that she would like to move that forward. Mayor Penserga recommended discussing the topic tonight and giving direction to staff. Commissioner Hay asked to add an item to future agenda, an in-depth study on annexation and feasibility of what areas would be potential candidates and the impact to the City. There was consensus to add to future agenda. Motion: Commissioner Cruz moved to approve the agenda, as amended. Commissioner Kelley seconded the motion. The motion passed unanimously. 2. Other A. Informational items by the Members of the City Commission. Commissioner Cruz stated that she spoke to Bonnie Miskel regarding Item 8A. Vice Mayor Turkin had no disclosures. Commissioner Hay had no disclosures. He said that he attended the Juneteenth celebrations and noted it was a good turnout and good entertainment, but that it was hot. He said that he judged the BBQ and they decided on the winner. He gave kudos to staff. Mayor Penserga stated that he agrees about the heat. Commissioner Kelley stated that she spoke to Bonnie Miskel regarding Item 8A. Mayor Penserga stated that he spoke to Bonnie Miskel regarding Item 8A. 3. Announcements, Community and Special Events And Presentations A. Announce Boynton Beach Police Athletic League is hosting a free basketball clinic Mayor Penserga announced this event. 2 Meeting Minutes City Commission Meeting Boynton Beach, FL June 20, 2023 B. Announce 4th of July Celebration 2023. Mayor Penserga announced this event. C. Announce system wide free chlorination of the water distribution system. Mayor Penserga announced this item. D. Announce Budget Workshops. Mayor Penserga announced the workshop dates. E. Presentation- City of Boynton Beach Semi-Annual Grant Report Tessy Lacroix, Grants Manager, provided an update on the FY22 & FY23 Grants as follows: grants team mission & activity; grant accomplishments fiscal year 2022 to present; grant impact; plan of action for unfunded projects; highlights of grant activities- community improvement; fire rescue; pending applications for capital improvement projects; future direction; and future direction continued- grant application process flow chart. Mayor Penserga asked how many people she works with. Ms. Lacroix stated that she works with basically every department. Commissioner Cruz asked about applying to the hazard mitigation fund. Ms. Lacroix responded with the funding that they have applied for and will apply for, for the hazard mitigation fund. Commissioner Hay asked if she writes all the grants. Ms. Lacroix responded that she does not write them all, but most of them. Commissioner Hay asked her to explain one of the grants. Ms. Lacroix spoke about equitable grants that she is working on. Commissioner Kelley said that she is excited about our success rate. She asked about the Parks and Recreation grants and projects. Ms. Lacroix spoke about how she works with the different departments, to be able to figure out what other grants she can apply for. Vice Mayor Turkin asked if she needs help in her department or more resources. 3 Meeting Minutes City Commission Meeting Boynton Beach, FL June 20, 2023 Ms. Lacroix responded yes, because the projects are becoming larger to manage and some of the grants are a long process. Vice Mayor Turkin said that he would be for getting her more help. 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) Louisa Castillo invited the Commission to a luncheon. She said that she sent an email with the information. Suzanne Ross, with the Schoolhouse Rock Museum, gave an update on the museum's activities. She said that the 2023 Schoolhouse Bash will be held on September 22. Gilbert Spielman said that parking has been a nightmare and there has been enforcement for parking on the street. He said that there were 22 cars booted in one evening. He spoke about speaking to Staff, and that the Boynton PD should not be in there, because it is private property. He said that they would like to make everyone happy and asked for help with public parking. Barbara Ready spoke about the indoor facility ruining the little league park. She asked if the process was followed for the restaurant at the golf course. She said that Mr. Phil Terrano called her son and threatened to sue her for speaking against him. There were no virtual comments. 5. Administrative 6. Consent Agenda A. Proposed Resolution No. R23-079- EMS Grant for Elk Lift Cushions. B. Proposed Resolution No. R23-080- Grant Agreement for the Marketing and Digital Connectivity Small Business Grant Program, for 5-Star Beauty DBA Beauty Spa. C. Request for increase to annual estimated expenditures on current bid contract, Backflow Prevention Device Inspection, Testing and Repair Services, Bid # 020-2821-19/EM with Line-Tec, Inc. D. Request for Purchases for over $10,000.00 for the month of May 2023. 4 Meeting Minutes City Commission Meeting Boynton Beach, FL June 20, 2023 E. Request Bid Extensions and Piggy-Backs Under $100,000. F. Commission Meeting Minutes. Motion: Commissioner Hay moved to approve the consent agenda. Commissioner Kelley seconded the motion. The motion passed unanimously. 7. Consent Bids and Purchases over $100,000 A. Task Order No. CRSUTL-02-2023 for Watershed Master Plan Motion: Commissioner Hay moved to approve the Consent Bids and Purchases over $100,000. Commissioner 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. A. Proposed Ordinance No. 23-011- Second Reading- Amendments to the Land Development Regulations for car washes and indoor training facilities. City Attorney Cirullo read the title into the record. Andrew Meyer, Senior Planner, spoke about the car wash and indoor athletic instruction/training facility as follows: summary of changes; car wash- what's changing; car wash- what's not changing; what would and would not meet proposed amendments; car wash- summary of proposed change-detail area parking requirements; indoor athletic instruction/training facilities- what's changing; other accessory uses within REC zoning districts; and questions. Commissioner Kelley asked for clarification about the requirements for coverings from the sun while cleaning vehicles. Mr. Meyer spoke about the modification that was made based off feedback from the last meeting. There was discussion regarding where the requirements will be, for the coverage to clean 5 Meeting Minutes City Commission Meeting Boynton Beach, FL June 20, 2023 the vehicles. Commissioner Kelley stated that she is comfortable with 250 or 300 square footage. Commissioner Cruz stated that she is in support of no more than 250 square footage. Vice Mayor Turkin said that he concurs with his colleagues and has no additional comments. Mayor Penserga said that he will support 250. Mayor Penserga opened public comment. Barbara Ready asked if they have given thought on what allowable functions will be permitted in these indoor athletic facilities. She said that she wants to make sure its licensed professionals. There were no virtual comments. Commissioner Kelley asked for clarification on the vacuum stations. Ms. Radigan clarified that full-service use covers two typologies. She said that it was removed from some types of services. There was discussion regarding what stations will require permanent coverings. Motion: Commissioner Cruz moved to approve Ordinance No. 23-011, with the change of 1 per 250 square footage. Commissioner Kelley seconded the motion. In a roll call vote, the motion passed unanimously. 9. City Manager's Report- None 10. Unfinished Business - None 11. New Business A. Future cemetery plots in Boynton Beach. Deputy City Manager Mack spoke about the following regarding cemetery lots: current status; map of the cemeteries we own; Martin Memorial Park Cemetery; options proposed layout for option 1 at Sara Simms; Barton Memorial Park Cemetery and Barton Park option; and Galaxy Park option. 6 Meeting Minutes City Commission Meeting Boynton Beach, FL June 20, 2023 Commissioner Hay stated that he likes the Galaxy Park option because of the size. He said that he wants to stay away from imminent domain. He stated that he does not like the option of extending Sara Simms. He said to go with Galaxy Park and expand in Barton and Sara Simms (without affecting the church). Commissioner Cruz asked if we own these properties. Deputy City Manager Mack explained what we own, and what option would allow us to do imminent domain, if needed. Commissioner Cruz said that it is good to be proactive and think about the future. She stated that she would like to have conversations with staff regarding this. Commissioner Kelley said that her position is that the future of cemeteries is ever changing, and if the City even wants to continue to be in the cemetery business. She is concerned about the true need to continue to grow the cemeteries and not have the land be used. Mayor Penserga stated that there are questions that need to be asked: why are we in the business of cemeteries; how many cities are in this business; pros and cons. He said that a good compromise might be the Barton area because it makes sense to expand outwards. He mentioned that we should explore the requirements for a cemetery, like roads for funeral processions. Commissioner Hay stated that he would like to explore all of the options. He spoke about the option of not being in this business. He said that he feels that the Galaxy Park route would give the City breathing room. He asked to see what other cities are doing with this issue. He said that we need to come up with a balance. City Manager Dugger asked for clarification about coming back with moving forward with Barton Park expansion, and then come back with Galaxy Park. Commissioner Hay asked for more information about mausoleums too. There was consensus to look at mausoleums. Commissioner Kelley asked staff about maintenance. There was discussion regarding costs and looking at other cities and what they do. B. Senate Bill 102 "Live Local Act" Overview & Impact Analysis Presentation Ms. Radigan provided an overview of the item. She noted that it becomes effective on July 1 , 2023. 7 Meeting Minutes City Commission Meeting Boynton Beach, FL June 20, 2023 RJ Ramirez, Community Improvement Manager, spoke about the Live Local Act as follows: funding. Mara Frederiksen, Finance Director, spoke about the following: tax incentive; tax incentive- nonprofit land used for affordable housing; and tax incentive missing middle property tax exemption. Ms. Radigan spoke about the following: preemptions- land use tools and role of local governments; preemptions- land use; impact analysis- eligible (preempted property); impact analysis- use; impact analysis- density; impact analysis- height 150 feet; impact analysis-height 100 feet; impact analysis- 75 feet; impact analysis- height maximums; state housing strategy; publicly owned lands; and technical assistance. City Attorney Cirullo spoke about the following: ambiguities/ interpretation; and options to interpret and apply act. Commissioner Hay asked for clarification on the one-mile radius regarding the impact analysis. Ms. Radigan explained the radius on the different height requirements. There was discussion regarding the state laws. Commissioner Kelley asked about the list of available properties, and how it affects vacant land that is zoned differently. Ms. Radigan explained the rules. Commissioner Kelley asked about tenants. City Attorney Cirullo spoke of a bill that was possibly passed by legislation. Vice Mayor Turkin asked if they still must meet the parking and setback requirements. Ms. Radigan said yes and provided examples. Ms. Radigan spoke about tying this in the mobility workshop. She explained what she has discussed with the consultant. Mayor Penserga asked what direction is needed. Ms. Radigan said that staff needs a date for a mobility workshop. Mayor Penserga asked to have this removed from future agenda item so staff can 8 Meeting Minutes City Commission Meeting Boynton Beach, FL June 20, 2023 proceed. Added: Discussion regarding resignation of City Attorney City Manager Dugger asked if the Commission would like to go with another firm or look at an in-house attorney. He spoke about what different cities have. He asked if the Commission wants HR to go out or have a firm go out to look. Ms. Tennille DeCoste, Human Resources Director, explained the steps to hire an in- house attorney. She spoke about option 2: solicit outside counsel through RFP process. She said that we need Commission directives. Commissioner Cruz stated that she would like an in-house counsel. She said that she would go with majority on hiring an interim group. Vice Mayor Turkin agreed with an in-house counsel. He agreed with the interim group. Commissioner Hay asked how this was initiated, because he had not heard about this. City Manager Dugger stated that there were concerns from staff brought to the Mayor about the firm, and this was the action taken. Commissioner Hay stated that he does not want anyone to speak for him without talking to him first. He said that he would like to have in-house counsel. He is okay with the interim firm. Mayor Penserga stated that he did not speak for the Commission, he just relayed the information, and this was decision that was made. Commissioner Hay said that the entire Commission should have been included on this type of decision. Commissioner Kelley stated that she understands the in-house attorneys, but she would like to be smart about this. She said that her concern is the ability to hire an in- house attorney, and having a backup attorney and staff, for coverage. She said that she is leaning more towards a firm. She asked about Ms. DeCoste's experience. Ms. DeCoste stated that this is a great City to work for, and she said that we always have the option to get a firm if we do not get a qualified attorney. She spoke about the team that would be needed and about outsourcing work. Commissioner Kelley stated that she will support what the majority wants. She said that she is fine with going with the interim firm. 9 Meeting Minutes City Commission Meeting Boynton Beach, FL June 20, 2023 Commissioner Hay thanked Ms. DeCoste for her explanation. Mayor Penserga stated that he will support option 1 and the interim counsel. Commissioner Hay thanked City Attorney Cirullo and said that he appreciates the work that the firm has done. Commissioner Kelley asked about the timeline. Ms. DeCoste stated that as the applications come in and they meet requirements, they will have packets for the Commission. Commissioner Cruz thanked City Attorney Cirullo. 12. Legal Mayor Penserga asked the Commission if they want to set aside time for a legislative break in the future. Commissioner Kelley stated that she is interested in what the other cities do. She said that she works around the City Commission meetings, and that she does not want to be stuck to just taking a break during a specific timeframe. Commissioner Hay stated that he has been juggling dates for vacations. He said that he is all for the legislative break, and that he would like to do the month of July. Vice Mayor Turkin asked if it would also affect their duties on other boards. He said that maybe they can combine meetings during the summertime, instead of taking a whole month off. Commissioner Cruz said that she is open to it because it helps staff take time off too. She stated that maybe taking second meetings off would be better. Mayor Penserga stated that we only have one meeting in July, since one was cancelled. He said that it gives Staff time to catch up with work. He commented that this would be for the future. A. Proposed Ordinance No. 23-013- First Reading- Park Impact Fee Ordinance. City Attorney Cirullo read the title into the record. He said that a lot of the study has been to update our rates and update the ordinance with existing standards. 10 Meeting Minutes City Commission Meeting Boynton Beach, FL June 20, 2023 Commissioner Hay said that he is good for now. Commissioner Kelley asked if we have a strike through version. City Attorney Cirullo said that he can have that put together and sent to them. Motion: Commissioner Cruz moved to approve Ordinance No. 23-013. Commissioner Hay seconded the motion. In a roll call vote, the motion passed unanimously. 13. Future Agenda Items A. Discuss and review Advisory Board Ordinance changes- first reading.- July 18, 2023 B. Advisory Board Annual Reappointments and Appointments.- Tabled from April 4, 2023.-TBD C. Discussion for Ordinance regarding tints for paraphernalia shops.-TBD D. Consider revised local rules for approval.-TBD E. Discussion regarding downtown parking master plan.-TBD F. Discussion regarding bringing more jobs to the City at former ToysRUS.- TBD G. Discussion regarding changing minimum requirements for traffic studies.- TBD H. Discussion regarding housing for the homeless in the City.-TBD I. Discussion regarding Grant Program for HOAs.- TBD Mayor Penserga said that 13E can be removed from future agenda. He stated that he would like to have the discussion regarding future agenda items for the next meeting. City Manager Dugger stated that they would like to conceptualize how we do future agenda items. Mayor Penserga said that it will be on the local rules ordinance as well. Commissioner Hay said that he wants the annexations added to the list. 11 Meeting Minutes City Commission Meeting Boynton Beach, FL June 20, 2023 Commissioner Kelley wished everyone a Happy 4th of July. Vice Mayor Turkin thanked City Attorney Cirullo for everything he has done. Commissioner Cruz thanked staff. Motion: Commissioner Kelley 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 10:09 P.M. CITY OF BOYNTON BEACH ATT TON ��. . I / 2 O.�O�QORAIF•.•y0 I Maylee ite -s , MC ;�: S�p'L ? City Cler i v:• coRP00(ot 1 1 20 ;' I •+1 •'•• 9 •• •�...•� 1 • �`�� FLORw ' 12