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Minutes 07-18-23 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, July 18, 2023, at 6:00 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 Angela Cruz 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 Rabbi Simon, Temple Beth Kodesh Invocation was given by Pastor Rabbi Simon, Temple Beth Kodesh. Pastor Rabbi Simon thanked the Commission for the recent proclamation celebrating his 18th year at Temple Beth Kodesh. Pledge of Allegiance to the Flag led by Mayor Penserga Mayor Penserga led the Pledge of Allegiance to the Flag. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Commissioner Kelley recommended to move Public Comment towards the end of the meeting. There was no consensus from the other Commissioners to move Public Comment. Vice Mayor Turkin requested to add an agenda item to approve $500 of his Community Support Funds to support Boynton Strong and $1000 to support East Boynton Beach Little League. He stated that he would like to add to Harvey Oyer Boat Ramp to Future Agenda. Meeting Minutes City Commission Meeting Boynton Beach, FL July 18th, 2023 Motion: Commissioner Hay moved to approve the agenda, as amended. Commissioner Cruz seconded the motion. The motion passed unanimously. 2. Other A. Informational items by the Members of the City Commission. Commissioner Cruz stated that she had no disclosures. Vice Mayor Turkin disclosed that he spoke to Joey Plans from Airbnb, which will be discussed tonight. Commissioner Hay stated that he had no disclosures. He said that the 4th of July event was phenomenal. He commended the Police Department for their Cookout with a Cop event. He noted that he attended a community talk with citizens at Carolyn Sims and said that it was great. Commissioner Kelley stated that she spoke to Joey from Airbnb. She echoed Commissioner Hay on the events, and said that the Police Department knows how to put on a great BBQ. Mayor Penserga stated that he spoke to Neil Schumer regarding Item 7F. He said that the 4th of July was great, and gave kudos to the events staff. 3. Announcements, Community and Special Events And Presentations A. Recreation & Parks Advisory Board Annual Report Kacy Young, Recreation & Parks Director, introduced the Recreation and Parks Advisory Board Chair, Julie Mondello. Ms. Mondello spoke about the following: what we do; who we are; Pickleball; Park Master Plan; Fall Festival; Barrier free 5K; Little League Park; Hester Center updates; Harvey E. Oyer Jr. Park; and thank you. Mayor Penserga thanked the advisory board. Ms. Mondello introduced members of the board that were present. Commissioner Kelley thanked her for this report. She thanked the board for their commitment. 2 Meeting Minutes City Commission Meeting Boynton Beach, FL July 18th, 2023 Commissioner Hay echoed Commissioner Kelley's sentiments. Vice Mayor Turkin stated that they have a lot of fun on the Board. He said that there should be an email chain for events. Commissioner Cruz thanked the Board for the work they do. Mr. Young thanked the Commission for the Parks and Recreation Month proclamation. He encouraged everyone to visit a park and attend an event. He stated that they have an art exhibit opening starting at the end of the month and throughout August. 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) Mayor Penserga stated that we do take online comments after in person comments. He read the rules of decorum. Commissioner Hay mentioned Bishop Bernard Wright and attending his funeral service. He stated that his heart was in the right place and he was a servant of this community. He asked for a moment of silence for Bernard Wright. Gary Fishman spoke about the Commission being full time employees for the City, and their pay increase. He said that it is not fair to pay someone under what they are deserving of. Brian Ross thanked the Commission for the last budget meeting. He spoke about the $15K fine for Airbnb's being too high. Mack McCray stated that when he ran for office, he did it because he loves this City, not for a high increase in pay. He spoke about leading by example and cutting their budget. He said that they are not being transparent. Warren Sims spoke about St. Johns Missionary Baptist Church's food pantry, where food is distributed on Wednesdays. He announced the back-to-school bash, on Saturday August 5th, to distribute 300 backpacks. He asked for financial support from the Commission to help with the event. David Merker spoke about volunteer work based on income. He said that it is a disgrace that the Commissioners want to be in government because of income. David Knight spoke about illegal boat charters that are out of Harvey Oyer Park. 3 Meeting Minutes City Commission Meeting Boynton Beach, FL July 18th, 2023 Cindy Falco de Corrado spoke about running for Mayor and being a servant for the community. She said that she objects to the $36,000 for each Commissioner that is within the budget. She mentioned different line items in the budget. Chris Veragity said that he is a Charter Captain operating out of Harvey Oyer Boat Ramp. He spoke about other illegal boat charters out of the park, and not having BTRs through the City. Brenda Williams spoke about the house next door to her being abandoned and overgrown. She said that the property has a lien, but there is no follow up on the property. She stated that this is the third time she has come before the Commission. She mentioned not having anywhere else in the City to be buried, and she has not gotten follow up regarding that. She said that she agrees with the other speakers regarding the raises that the Commission is getting. Chip Sheehan spoke about the illegal boat charters out of the Harvey Oyer Park. He said that he would like for the City to help them. Jackie (no last name provided), spoke about the 666 benches, the Black Lives Matter painting, and the raises that the Commissioners are giving themselves. She said that she would not bring her family to Boynton Beach because of these items. William Cunningham stated that to get competent staff you must pay them. He is in support for the City Commission getting a raise. Barbara Ready spoke about the increase in the allowances. She said that the Commission sent the staff back to cut things from the budget, but they gave themselves a raise. Dr. Piotr Blass stated that this is the best City in the world. He gave kudos to the Parks and Recreation Department. He said that the library was #1 in the State of Florida. He spoke about the University of Boynton Beach. He addressed the salary issue and said that he is running for Mayor of the City and will donate his salary to the City. Elizabeth Pierce Row stated that she is on the Parks and Recreation Board. She said that she is upset because they volunteer, and they are not recognized like they used to be. Dr. Jeff Theater spoke about the sewage spill that happened in the Intracoastal. He asked for this fix to be done the right way. Virtual Hands: 3 Susan Oyer gave the Mayor condolences on the loss of his family member. She spoke about the raise that is in the budget in different line items. She said that if they are not ready to serve, they need to step down. She spoke about the Texas conference from the 4 Meeting Minutes City Commission Meeting Boynton Beach, FL July 18th, 2023 CRA that they will be attending. David Rosenthal expressed his support for Commission benefits. He spoke about having representation of all classes on the dais. Mike Cherocko spoke about how the Commission should get more money than what they are asking for. He spoke about the issue with the waste in the intracoastal. Mayor Penserga closed public comment. Vice Mayor Turkin mentioned that there was an individual who reached out to him to do a memorial piece at the Little League field for Coach Robert Kaine. Commissioner Hay said that he noticed a pattern, that he does not like, which is that a topic is printed on the agenda or discussed without his input. He said that the raise is a bit much, but increases have been voted on in the past. He stated that he had nothing to do with this increase proposal and he does not agree with it. He described how much they rely on City staff to do their job. He recommended incremental raises or in phases. He said that they need to go back to the drawing board and determine a fair amount. He noted that he will not vote for the budget with this in it. Mayor Penserga alerted the public that this is part of a process, and nothing is final. He said that they will have the conversation again in the budget hearings. Mr. Mack spoke about the public budget hearings. 5. Administrative A. Discuss changing September 19, 2023, City Commission Meeting Date. Mayor Penserga stated that there is a conflict because there is as conference for that week. Mara Frederiksen, Director of Financial Services, stated that there is a deadline because of the hearing timelines that they must adhere to. She said that they are requesting September 12th before the CRA Hearing, or September 14th, but they would need to reschedule the Arts Board. Ms. Matos stated that there is a calendar on the dais to show the schedules of the meetings. Commissioner Cruz stated that she would be okay with the 14th, with a full meeting and discussion. 5 Meeting Minutes City Commission Meeting Boynton Beach, FL July 18th, 2023 Vice Mayor Turkin said that he will go with the consensus. Commissioner Hay said that is okay with the 14th Commissioner Kelley said that she is okay with the 14th, instead of a short budget meeting. Mayor Penserga opened Public Comment. No one came forth to speak. No virtual speakers. He closed Public Comment. Motion: Vice Mayor Turkin moved to reschedule the September 19th City Commission meeting to September 14th at 6:00 P.M. Commissioner Cruz seconded the motion. The motion passed unanimously. B. Community Support Funds — Vice Mayor Turkin Vice Mayor Turkin stated that he participated at the Cookout with a Cop and Boynton Strong was awarded $500, so he wanted to match that. He said that he would like to give $1,000 to the Little League. He asked if the funds roll over. Ms. Frederiksen replied that they do not. Commissioner Hay stated that he would like to know how much they have left in their funds. There was consensus for Vice Mayor Turkin's request. Ms. Frederiksen provided the amounts that each Commissioner has left to spend. 6. Consent Agenda A. Proposed Resolution No. R23-085- Grant Agreement for the Marketing and Digital Connectivity Small Business Grant Program for ENEW Enterprises LLC/Newsome International Basketball Association. B. Proposed Resolution No. R23-086- Interlocal Agreement between the Palm Beach County Sheriff and the City of Boynton Beach pertaining to the Operation Stonegarden Grant Program. C. Proposed Resolution No. R23-087- Assignment Agreement to assigning the business name of Bi112Pay, LLC to Catalis Payments, LLC. 6 Meeting Minutes City Commission Meeting Boynton Beach, FL July 18th, 2023 D. Proposed Resolution No. R23-088- Watershed Management Plan subrecipient grant agreement time extension. E. Annual estimated expenditures for AT&T Mobile Communication Devices. F. Annual expenditures for Tower Site Lease Agreement with Crown Castle. G. Proposed Resolution No. R23-089- Amendment to the City's State Housing Initiatives Partnership (SHIP) Program, Local Housing Assistance Plan (LHAP), for the period 2021 thru 2024. H. Proposed Resolution No. R23-090- Amendment of Utilities Capital Improvement Fund 403. I. Vehicle Purchase FY22/23. J. Legal Invoices May 2023. K. Commission Meeting Minutes. Commissioner Cruz requested to pull Item 6G. Motion: Vice Mayor Turkin moved to approve the remainder of the consent agenda. Commissioner Kelley seconded the motion. The motion passed unanimously. 6G. Proposed Resolution No. R23-089- Amendment to the City's State Housing Initiatives Partnership (SHIP) Program, Local Housing Assistance Plan (CHAP), for the period 2021 thru 2024. Ms. Frederiksen spoke about the following: 2021-2024 LHAP New Strategies & Technical Revision; Emergency repairs- limited rehabilitation challenges and needs; rapid re-housing challenges and needs; fee waivers for affordable housing; purchase assistance program challenges and needs; and SHIP funds. Commissioner Cruz spoke about the housing crisis and supporting low-income individuals. She asked about the last paragraph, where they can get expedited permits for non-profit developers too. Adam Temple, Assistant City Manager, spoke about the process for the for-profit and said that they can do the same for the non-for profits. Commissioner Cruz asked if they could include townhomes as well, not just single-family homes, to provide more opportunity. Ms. Frederiksen said they can include that in there. Commissioner Kelley asked about the changes for the proposed plan. 7 Meeting Minutes City Commission Meeting Boynton Beach, FL July 18th, 2023 Ms. Frederiksen described about the changes that were made. Mayor Penserga asked if we could make the motion with the following amendments or does it need to come back. Commissioner Cruz reiterated her requests: allow non-for-profit to get the expedited permit reviews and to also allow townhomes to be included too. Mayor Penserga said that he can support those two requests. Ms. Frederiksen said a motion is fine. There was consensus from the Commission. Motion: Commissioner Cruz moved to approve item 6G. Commissioner Hay seconded the motion. The motion passed unanimously. 7. Consent Bids and Purchases over $100,000 A. Proposed Resolution No. R23-091- Geographic Information System (GIS) Services B. Amendment to Digitech Services. C. Approve a purchase order for the Quantum Park Stormwater Cured-In- Place Pipe Lining Project. D. Proposed Resolution No. R23-092- Approve Award of Bid No. UTL23- 026 for the 36-inch Raw Water Transmission Main Repair. E. Amendment to Task Order UT-3E-05, Purchase Order 230791 for West Architecture + Design, LLC for the Master Site and Phasing Plan of Little League Park. F. Medical, Dental and Vision RFP by the Gelin Group. Vice Mayor Turkin requested to pulled 7E. Mayor Penserga requested to pulled 7F. 8 Meeting Minutes City Commission Meeting Boynton Beach, FL July 18th, 2023 Motion: Commissioner Kelley moved to approve the remainder of Consent Bids and Purchases over $100,000, as amended. Commissioner Hay seconded the motion. The motion passed unanimously. 7E. ProAmendment to Task Order UT-3E-05, Purchase Order 230791 for West Architecture + Design, LLC for the Master Site and Phasing Plan of Little League Park. Mr. Young spoke about the following: project summary; development partners; next steps; Little League Park- 300 Woolbright Road; Little League Park- Master Plan; phase 1; and questions. Vice Mayor Turkin asked for clarification if this is our architect that we hired to come up with this conceptual plan. Mr. Young said yes. Deputy City Manager Mack stated that they are a City contracted vendor. Vice Mayor Turkin asked about the private investment. Deputy City Manager Mack explained that Athletic Angels are looking to do up to a $2.5M investment in field one. He spoke about some of the upgrades. Commissioner Hay asked about the timeline. Mr. Young spoke about the timeline and what the final project would look like. He said that it will be a two-phase project, and phase 1 might be completed by 2025. Motion: Vice Mayor Turkin moved to approve item 7E. Commissioner Hay seconded the motion. The motion passed unanimously. 7F. Medical, Dental and Vision RFP by the Gelin Group. Tennille DeCoste, Director of Human Resources and Risk Manager, spoke about the following: background; and employee survey. Mike Gelin, consultant with Gelin Benefits Group, spoke about the following: summary of results RFP for medical, dental & vision; fully insured to self-funding; and premium vs claims 2021-2022. 9 Meeting Minutes City Commission Meeting Boynton Beach, FL July 18th, 2023 Mayor Penserga asked if we could have been saving money. Mr. Gelin stated that they could have saved more and explained why. He continued his presentation as follows: fully insured to self-funding; initial offers from insurance companies; and best and final offer. Mayor Penserga asked if all three parties saw each other's numbers and plan types. Mr. Gelin said yes and spoke about the market benefits and perk- best and final offer; additional plan options; dental insurance; dental PPO; vision insurance; vision PPO; Aetna/CVS is the carrier of choice; and summary of RFP results and insurance costs. Ms. DeCoste stated that we have savings, and we are offering better options. She spoke about the different benefits that they enriched the plan with. She asked for their recommendation to negotiate with Aetna. Mayor Penserga said that we are saving the City millions of dollars. He spoke about having diabetes medication covered and thanked her for getting this covered. Commissioner Kelley stated that Ms. DeCoste hit the ground running when she first started, after years of mismanagement. She thanked Ms. DeCoste for all her work on this. She asked for an explanation on an FSA plan and the benefits that exist with it. Ms. DeCoste spoke about the Flexible Spending Account and the benefits of it. She stated that they will be educating all employees on these options. Commissioner Hay gave kudos to Ms. DeCoste and asked about specialists' fees. Mr. Gelin explained what the copays would be. Ms. DeCoste spoke about the deductibles for families and a single person. Vice Mayor Turkin asked about the prior deductibles and what they were. Ms. DeCoste said that for families it was $5,000. Vice Mayor Turkin spoke about this change being a reason for employees to want to remain working here. Commissioner Cruz said that this is excellent, and she is happy to see these changes. Ms. DeCoste stated that this was a team effort. 10 Meeting Minutes City Commission Meeting Boynton Beach. FL July 18th, 2023 Motion: Commissioner Cruz moved to approve item 7F. Vice Mayor Turkin 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. 23-007- Second Reading- General Employees' Pension - Board Secretary Duties & Long-term Disability Determinations. City Attorney Cirullo read the title into the record. Ms. DeCoste stated that this is second reading and nothing has changed since first reading. Mayor Penserga opened public comment. There was no public comment. Motion: Commissioner Hay moved to approve Ordinance No. 23-007. Commissioner Cruz seconded the motion. In a roll call vote, the motion passed unanimously. B. Proposed Ordinance No. 23-012 - Second Reading - Proposed regulations for Short-Term Rentals. City Attorney Cirullo read the title into the record. Michael Rumpf, Planner, summarized short-term rentals as follows: final notes and considerations; and following STR Workshop, staff. Commissioner Cruz stated that she is happy to see the changes that were done. Vice Mayor Turkin gave kudos to Development Services for what they do. He spoke about changing some of the language regarding responsibility of posting BTRs and tracking it. Amanda Radigan, Planning and Zoning Director, spoke about the previously talked about changes to the ordinance. Commissioner Hay stated that he is happy with the changes. 11 Meeting Minutes City Commission Meeting Boynton Beach, FL July 18th, 2023 Commissioner Kelley asked for an explanation about proposed changes. Mr. Rumpf said that nothing would really change but they are bringing attention to the issues that is going on. Mr. Temple spoke about the state statute that they are talking about. Commissioner Kelley spoke about education for the residents and being able to reach out to the City with whatever issues there are. Mayor Penserga opened to public comment. Alona Diamonds thanked the Commission for their hard work. She said that they rent out their home, and she runs everyone through a thorough background check. She spoke about some of her guests that have rented her home. She said that the penalty would hurt her family. Dan Mitchell spoke about tourism in Florida and the Airbnb he owns in Boynton Beach. Steve Orange spoke about a commercial business next to his house that rents for $1,900 a day. He said that his biggest issue is the trash that the house has. He stated that he would like Code Enforcement to go there weekly if there is consistent incompliance. Virtual Hands: 2 Adam Burgo stated that he does not think that as a host they want to pull one over on the City, and they like to show off the City. He said that when things are posted all over the house, it takes away from the home feel. He spoke about the burden of the cost to the local representative. Michael Shemarco said that this is long overdue. Commissioner Cruz spoke about Airbnb owners being able to purchase additional trash bins, and continuous enforcement. Vice Mayor Turkin thanked the public and hosts for their input. He spoke about the concern with the $15K fine. Mr. Temple stated that they looked back 4 years and have not had this fine issued. Vice Mayor Turkin spoke about enforcing these regulations. Mr. Temple stated that this has been discussed and said that they will look at their staffing levels for a possible extra position for this. 12 Meeting Minutes City Commission Meeting Boynton Beach, FL July 18th, 2023 Commissioner Kelley asked that Mr. Temple contact Ms. Diamond regarding the process. She spoke about owners protecting themselves against violations and being good partners with the owners. Vice Mayor Turkin asked Joey Planes if they will commit to work with the City to ensure this is being done responsibly. Mr. Planes responded yes and spoke about what they are working on to best integrate the City with their portal and host education. Motion: Vice Mayor Turkin moved to approve Ordinance No. 23-012, with the amendment to line 351 (remove words peer-to-peer platform entity). Commissioner Kelley seconded the motion. In a roll call vote, the motion passed unanimously. C. Proposed Ordinance No. 23-013- Second Reading- Park Impact Fee Ordinance. City Attorney Cirullo read the title into the record. He spoke about the background and the study that was done. Mr. Temple stated that there were no changes since 2nd reading and this takes effect 90 days after approval. City Attorney Cirullo stated it does require two-thirds vote. Vice Mayor Turkin spoke about the fees for developers. He said that he would support this. Commissioner Hay said that he would be happy to support this. Commissioner Kelley said that this is a long time coming and is happy to see this being done. Mayor Penserga opened to public comment. There was no public comment. Commissioner Cruz stated that during our first budget meeting she had concerns and realized that the park impact fees were not updated since 2012. Motion: 13 Meeting Minutes City Commission Meeting Boynton Beach, FL July 18th, 2023 Commissioner Cruz moved to approve Ordinance No. 23-013. Vice Mayor Turkin seconded the motion. In a roll call vote, the motion passed unanimously. 9. City Manager's Report A. Future agenda item review and discussion. Mr. Mack said that there have been Future Agenda items being carried forward and he said that he would like to have dates attached to the items or get additional information. He reviewed the following items on Future Agenda: A. Will come back when the ordinance is done. B. Vice Mayor Turkin stated that his initiative was to look into the City code and come back with options for some kind of tint for paraphernalia shops, so they are not advertised to kids and families. City Attorney Cirullo stated that the State is looking at changes in statute and stated that we consider business impact against local businesses. He said that it would be beneficial to consider this before October 1. Mr. Mack asked for consensus from the Commission to have staff spend time on this. Vice Mayor Turkin gave an example of what he wants to have limited exposure from the view of families. Mayor Penserga asked to have process separated from this item. He said that he supports research being done on this. Commissioner Kelley supports looking at what they can do. Commissioner Hay supports looking at research. Mr. Temple stated that he can bring something back in 60 days. Mr. Mack said that they will put a date certain to this. C. Mayor Penserga said that he has spoken to Kathryn Matos and she said that she can have this on the agenda in August. Mayor Penserga said that how things are handled for the agenda process should be on this. Ms. Matos spoke about her goal for this. 14 Meeting Minutes City Commission Meeting Boynton Beach, FL July 18th, 2023 Mr. Mack asked if August 15th is enough time. Ms. Matos responded yes. There was consensus to bring this item back on August 15th Mayor Penserga said that he will offer his point of view even if he does not agree. D. Vice Mayor Turkin stated that there is a private aspect to this, so this does not need much attention. E. Vice Mayor Turkin would like to keep this on Future Agenda but that there is a lot that goes into traffic studies. Mr. Mack stated they will remove 13D and keep 13E on Future Agnda. F. Commissioner Hay said that this is a problem in every city. He stated that he would like to see what other cities are doing to address this problem. He said he would like to see this come back around the first quarter of 2024. Mayor Penserga asked if this is homelessness in general or a more specific group. Commissioner Hay responded just in general, but middle age group would be good to work with. Commissioner Cruz stated that they briefly discussed the Ship Funds towards homelessness. Commissioner Hay said that it would be an equation for a solution, but he would like options. Mr. Mack reiterated what they will be looking for best practices and strategies. Mayor Penserga said that he would like to incorporate the homeless children in this discussion. Commissioner Kelley said that we should reach out to the Homeless Coalition of Palm Beach County. Commissioner Hay agreed. Mayor Penserga stated that he has been in contact with Delray Beach, and they have a great organization going on. 15 Meeting Minutes City Commission Meeting Boynton Beach, FL July 18th, 2023 Vice Mayor Turkin spoke about a vendor that helps with this. G. Commissioner Cruz stated that we are facing big issues where they pay taxes and HOA fees, but they cannot use tax money on anything in the community. She said that she wanted to use ARPA funding, but there are more important projects. She said that we can look into this in the future. She said that we can remove it from the list. H. Mr. Mack said that planning staff is looking at this but needs clarity on when they want to have this come back. Commissioner Hay said that this is very important and would like the research to continue being done on this. Vice Mayor Turkin spoke about this being in the County's comp plan for us to annex and said that he would like to see this move forward. Ms. Radigan stated that they can turn around different options quickly, 60-90 days for the first phase, and then plan for the next phase. Mr. Mack said that we will put a date certain for this. I. Mayor Penserga said that this can be removed from the list. Commissioner Cruz said that there was an item that disappeared from Future Agenda, and she would like to bring that back — support local businesses in regulations. Mr. Mack said that there is a current process for local businesses to be included. Commissioner Cruz said that she wants it heftier and asked to have this come back in November. 10. Unfinished Business - None 11. New Business A. Proposed Resolution No. R23-093- Lutheran Services of Florida (Head Start) Lease Extension. Mr. Mack spoke about the Head Start Building, tenant, and lease agreement. He said they terminated the previously lease and started the tenant, Lutheran Services, on the new lease. He mentioned that the CRA deeded the property to the City. He stated that the tenant has been progressing with their work, but the construction costs are outside of 16 Meeting Minutes City Commission Meeting Boynton Beach, FL July 18th, 2023 their funding. They are requesting a 12-month extension to look for additional funding or relocate their businesses. He said that they have not seen a site plan amendment yet. Mayor Penserga said that he supports a 12-month extension. Mayor Penserga opened to public comment. There was no public comment. Dr. Julian Serrano spoke about this project and how much they have spent on this building. He said that the proposal can take one month to one year. Motion: Commissioner Cruz moved to approve item 11A. Commissioner Hay seconded the motion. The motion passed unanimously. B. Interim City Attorney firm until in-house attorney is hired. Ms. DeCoste spoke about the history with the Interim City Attorney and said that there are no conflicts with this firm. Bret Schneider, Managing Director of the Boca Raton office of Weiss, Serota, and Helfman, introduced his firm and what cities they represent. David Tolces introduced himself and said that he would attend the Commission meetings and work with staff. Commissioner Kelley thanked Ms. DeCoste and said that she agrees. Commissioner Hay said that he looks forward to working with David again, and that he appreciated working with City Attorney Cirullo. Vice Mayor Turkin thanked City Attorney Cirullo and working with this firm at his agenda review. Commissioner Cruz thanked City Attorney Cirullo and agreed. Mayor Penserga opened to public comment. There was not public comment. Motion: Commissioner Kelley moved to approve item 11B. Vice Mayor Turkin seconded the motion. The motion passed unanimously. C. Commission discussion on Advisory Board Ordinance. 17 Meeting Minutes City Commission Meeting Boynton Beach, FL July 18th, 2023 Ms. Matos spoke about the following: objectives; standardized language; Board membership requirements; and public art- small business support. Ms. Radigan spoke about the following: development process options- public involvement options; Development process options- existing process, advisory board; challenges and/or criticisms of current process; options- public workshop; and optional processes. Vice Mayor Turkin said that a lot of good came out of this. He mentioned that the impact fee for small businesses is huge. He stated that public workshop is very important. He commented that he is in favor of this. He asked is there is a residency requirement for these boards. Ms. Matos spoke about the requirements and said that this is a draft. Vice Mayor Turkin stated that he would like to close in the residency requirements. Ms. Matos asked for clarification on residency requirements. Vice Mayor Turkin said that he is okay with residents and business owners because they are vested in the City. Commissioner Kelley thanked staff for working on this. She explained some of the cleanup that was needed. She spoke about the public workshop that is needed and said that it would benefit the Commission and Public. She said that this could be an hour before a Commission Meeting. Commissioner Cruz said that she agrees with the public input late in the process. She would like to support a public workshop and neighborhood meeting within a certain mile radius to be noticed. Ms. Radigan spoke about the notice, and what changes on top of the public workshop. Commissioner Cruz spoke about the time and dates being important too. She said that she likes the change for the public art fee. She spoke about 27-5B(1) regarding removal of board members. City Attorney Cirullo spoke about absences being able to happen automatically by the Clerk without City Commission, but this must be approved by City Commission. Vice Mayor Turkin stated that having both a public workshop and neighborhood meeting could delay the process. 18 Meeting Minutes City Commission Meeting Boynton Beach, FL July 18th, 2023 Ms. Radigan explained the difference between meeting structures. Vice Mayor Turkin suggested a "neighborhood workshop." Ms. Radigan spoke about the additional process change to LDRs. Mr. Mack stated that the code of ordinance has some clarifications that were proposed with the draft. Ms. Radigan spoke about the option of a public workshop is being in lieu of an advisory board. Ms. Matos said that this will come back for first reading in August and the LDRs would be 30-60 days after. Mayor Penserga opened to public comment. There were no public comments. D. Discussion regarding artificial reef. Mr. Mack said that they will bring back the research they conducted and discuss the project and costs. There was consensus to move forward with the item. E. Emergency Force Main Replacement - Lift Station 356 Poonam Kalkat, Utilities Director, said that they had a break in their main and caused a spill in the intercoastal. She said that they already repaired where the break was, but they want to get the pipe replaced as soon as possible. She said that they are requesting $2M. Commissioner Cruz thanked Dr. Kalkat's team for their swift action. Mayor Penserga said that he wants to make sure they catalogue their pipes, so they know their ages for prioritization. He also spoke about early detection strategies. Vice Mayor Turkin spoke about using some settlement funds in conjunction with grant money and have it earmarked for this project. He said that he does not want to kick this down the road. Mayor Penserga opened public comment. There was no public comment. Motion: 19 Meeting Minutes City Commission Meeting Boynton Beach, FL July 18th, 2023 Vice Mayor Turkin moved to approve item 11E. Commissioner Kelley seconded the motion. The motion passed unanimously. Commissioner Hay stated that there were talks about changing some old ordinances. Ms. Matos spoke about changing these segregation ordinances at the 100-year Anniversary, when they hopefully will get a grant that was applied for as well. 12. Legal A. Proposed Resolution No. R23-094- Short-Term Rental application corresponding to Ordinance No. 23-012. Commissioner Cruz said that she would like it clarified to add parenthesis regarding a reinspection fee. Vice Mayor Turkin spoke about the smoke detector fee. Ms. Radigan said that it would be clarified. Vice Mayor Turkin recommended reducing the renewal fee. Ms. Radigan said that the fees are adopted within the ordinance. Mayor Penserga opened to public comment. There was no public comment. Motion: Commissioner Cruz moved to approve item 12A. Commissioner Hay seconded the motion. The motion passed unanimously. B. Proposed Ordinance No. 23-014- First Reading- Environmental Protection Standards Land Development Regulation Amendment (CDRV 23-005). City Attorney Cirullo read the ordinance by title. Jae Eun Kim, Principal Planner, spoke about the following: summary of changes; landscape permit; update and cleaning up part Ill, chapter 4, article I; mitigations- replacement requirements; caliper replacement; canopy replacement; payment in lieu of replacement; and recommendation. Commissioner Hay asked how trees are measured. Ms. Kim said that some trees are not measurable and not replaceable. 20 Meeting Minutes City Commission Meeting Boynton Beach, FL July 18th, 2023 Commissioner Hay asked what someone can do if they want to remove a tree. Ms. Kim explained the concept of hazard trees. Commissioner Cruz asked about the tree trust fund. Ms. Kim explained the trust fund and policy to use the fund. Motion: Commissioner Cruz moved to approve Ordinance No. 23-014. Commissioner Kelley seconded the motion. In a roll call vote, the motion passed unanimously. C. Proposed Ordinance No. 23-015-First Reading- Comprehensive Plan EAR Update (2023) City Attorney Cirullo read the ordinance by title. Motion: Commissioner Hay moved to approve Ordinance No. 23-015. Vice Mayor Turkin seconded the motion. In a roll call vote, the motion passed unanimously. 13. Future Agenda Items A. Advisory Board Annual Reappointments and Appointments.- Tabled from April 4, 2023.-TBD B. Discussion for Ordinance regarding tints for paraphernalia shops.-TBD C. Consider revised local rules for approval.-TBD D. Discussion regarding bringing more jobs to the City at former ToysRUs- TBD E. Discussion regarding changing minimum requirements for traffic studies.- TBD F. Discussion regarding housing for the homeless in the City.-TBD G. Discussion regarding Grant Program for HOA's.- TBD H. Discussion regarding in-depth study on annexation. -TBD I. Discussion regarding Legislative break during the Summer months.- TBD 14. Adjournment Vice Mayor Turkin asked about the advisory board appreciation dinner. Mr. Mack stated that it will be added. 21 Meeting Minutes City Commission Meeting Boynton Beach, FL July 18th, 2023 Motion: Vice Mayor 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 11:06 P.M. CITY OF BOYNTON BEACH ATTEST: AMU"' ra- Maylee 'le J-.us, MMC �pYNT-04, City Clerk ; O�GORPoRgT�..crF,.1� SEALtm), INCORPORATED; f 1920 / / 111 •'. i, • . ``. FLC F ) 22