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Minutes 02-06-24 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, February 6, 2024, at 6:00 P.M. Present: Mayor Ty Penserga Andrew Mack, Deputy City Manager Vice Mayor Thomas Turkin Shawna Lamb,City Attorney Commissioner Angela Cruz Maylee De Jesus, City Clerk, City Clerk Commissioner Woodrow L. Hay 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 Bob Bender, Christ Fellowship Church. Invocation was given by Pastor Bob Bender. Pledge of Allegiance to the Flag led by Mayor Ty Penserga The Pledge of Allegiance was led by Mayor Penserga. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Shawna Lamb, City Attorney, stated that item #7D had a Scrivener's error, striking out "with a" from the resolution. Vice Mayor Turkin stated that he wanted to move up item #9A to after item #30. He requested to add a discussion to future agenda regarding infrastructure,specifically road paving- projects. He noted that he wanted to look at a budget amendment to find funds to look at infrastructure, particularly regarding Seacrest Estates and Chapel Hill. He also requested to add a discussion to the Future Agenda on the planned hotel site on Ocean Avenue. Meeting Minutes City Commission Meeting Boynton Beach, FL February 6, 2024 There was consensus to add the items to the future agenda. Vice Mayor Turkin thanked all the parents that came out tonight and apologized for the situation. Daniel Dugger, City Manager, clarified if there was a specific amount requested. Vice Mayor Turkin said that they need a scope of work for Seacrest Estates and other neighborhoods in the City. He stated that many of the roads are dilapidated. City Manager Dugger stated that they can add it as a discussion, because there might be more roads needing help. Adam Temple, Assistant City Manager, confirmed that staff did request feedback regarding the Town Square project, and that they will present their finding in the second meeting in March. Commissioner Kelley mentioned that she was looking for a discussion regarding our CIP Projects and what is on there and what should be on there. She agreed that Vice Mayor Turkin's request should be a part of this discussion and wanted to add the CIP Projects as a Future Agenda item. Commissioner Hay stated that he would like for us to look at the CIP projects before we lock in on any projects. Commissioner Cruz echoed the sentiments regarding infrastructure, including both paving and utility. Mayor Penserga said that Legal Counsel requested to add a legal update before public audience. He stated that there was a request to limit the first public audience to 30 minutes and creating a second public comment after the legal portion. Vice Mayor Turkin said that he would not like to limit the 3-minute time and would not like to postpone public comment. Attorney Lamb stated that with the City business on the agenda,they do not want to run the risk of running out of time. She said that there is an option to limit time to a minute or a minute and a half so that they can fit more people in public audience,and that it is not an inappropriate ask. Commissioner Kelley passed on weighing in on the discussion. Commissioner Hay said that the parents have come out to speak and they should be allowed to speak. He stated that the Board has the option to vote to move the rest of the 2 Meeting Minutes City Commission Meeting Boynton Beach, FL February 6, 2024 comments to the end of the meeting, and we should not be choosing this at this time. Mayor Penserga stated that they will keep it as is. Motion: Commissioner Kelley moved to approve the agenda, as amended. Commissioner Hay seconded the motion. The motion passed unanimously. 2. Other A. Informational items by the Members of the City Commission. Vice Mayor Turkin stated that he attended First Friday, and it was a big hit, and attended a ribbon cutting for Sushi Bang Bang and it was great. Commissioner Hay summarized the meetings and events that he attended over the last month. He said that he also attended the Historical Society 5th Boynton Beach Florida Highwayman Art Show. He noted that this month is considered Black History Month, and he shared information and history regarding the Florida Highwayman Group, which was comprised of 26 black men. Commissioner Kelley acknowledged that the Schoolhouse had a very successful Family Fun Day, and she thanked staff. 3. Announcements, Community and Special Events and Presentations A. State of Education Report by District 7 School Board Member Edwin Ferguson. Edwin Ferguson, District 7 School Board Member, spoke about the following regarding the State of the Schools: today's agendas; Flickrs/star Kindergarten readiness; how to helpyourchildget ready for kindergarten; English Language Arts(ELA); how to helpyour child do better in reading and writing; mathematics; geometry; algebra; how to help your child do better in math; science; biology; how to help your child do better in science; US History; civics; how to help your child do better in social studies; how you can help; metal detectors update; paper- 24/7 tutoring; voice notes- web/mobile; FDOE New Worlds Reading Initiative; and graduation requirements. Mayor Penserga thanked Mr. Ferguson and said that he appreciates him pointing out Poinciana Elementary. Commissioner Cruz thanked him for his presentation. Vice Turkin said that he appreciates Mr. Ferguson. 3 Meeting Minutes City Commission Meeting Boynton Beach, FL February 6, 2024 Commissioner Hay asked if we are doing anything to enhance Poinciana with the planetarium, because it is unique. Mr. Ferguson asked if he would liketo make it available for other people to be able to visit it. Commissioner Hay replied yes. He asked about the letter grades for the schools. Mr. Ferguson said that he is open to getting feedback from the Commission on next year's presentation. Commissioner Hay asked if he has noticed an increase in the time for kids to get into school due to the new metal detectors at the high schools. Mr. Ferguson acknowledged that the first week was rough, but after that, there has not been any delays. Commissioner Kelley thanked Mr. Ferguson for his presentation. She asked what they are doing to bridge the gap with the percentages in the different schools. She mentioned that science has been a deficit in the schools. She said it is important to send this type of information home. Mr. Ferguson stated that there is a new test being administered, and they are teaching the teachers to make sure they can help the students with these tests, so they can get back to an A-rated school. B. Announcementof the Joe Di Maggio Children's Health Specialty Center"Magic Wheels" & Special Deals Event. Mayor Penserga announced the event. C. Announcement of the 12th Annual Barrier Free 5K. Mayor Penserga announced the event. D. Announcement of Oceanfront Bark Event. Mayor Penserga announced the event. 4. Public Audience Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of 4 Meeting Minutes City Commission Meeting Boynton Beach, FL February 6, 2024 the Chair, this 3-minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Attorney Lamb provided an update prior to public audience. Attorney Lamb reviewed the Boynton Beach Little League litigation,including timeline and background of Athletic Angels. She noted, currently, Athletic Angels is undergoing a project to renovate Field 1 , and that the ongoing construction work adheres to local and State regulations. She noted that, upon completion,Athletic Angels will maintain, repair, and operate the field at its sole cost. She added that teams from the sen iorleague division of Boynton Beach Little league will have access to Field 1, as outlined in the agreement. She confirmed that Athletic Angels will not have exclusive usage rights for Field 5. She clarified that Prime Time Sports Group has a distinct and unrelated agreement with the City to develop a training facility at the park. She stated that Prime Time Sports Group and Athletic Angels are not affiliates,partners, or associates in anyway. She spoke about what Athletic Angels has planned for the community. She spoke about the timeline regarding the renovations to Field 1. Mayor Penserga opened public audience. Susan Oyer reminded everyone that Bloomin' in Boynton is this weekend and invited everyone to attend. She said that she understands the issue about destroying the mangroves,and she has put in a request to the Clerk. She stated that she has praised a few employees in Planning and Zoning,and Jay. She mentioned that this is embarrassing to the City, regarding the Little League issue. She asked them to support the Little League and get rid of the contracts. Dorothy High land stated that they are having a problem with people going to theirpool, and cars speeding by, in Village Royale. She is requesting stop signs and walkways to be put in before there is a fatality. Michelle Campson spoke about her kids playing at the fields forthe past 16 years and said that they had no notice aboutthe fields,and they were not given options where they were going to play. She spoke aboutthe options that were given to them that day and said that is not working forthem. She mentioned that beautifying the park can be accomplished on off season. John Ready spoke about volunteering at the fields, maintenance costs,and the history of the ballfield. He said that they should be included in the meetings with the City. He stated that they asked for a date of when the closings would happen and did not get notice. Cindy Falco De Corrado stated that she voted against the agreement for the Little League improvements. She mentioned that there are a lot of people who are coming from other countries,and they are infiltrating into her City. She suggested that there is danger in our streets, and we are not being watched here in the City. She stated that it is very dark in a 5 Meeting Minutes City Commission Meeting Boynton Beach, FL February 6, 2024 lot of areas in the City, and the City is not taking care of issues that she has brought up. Tony Setcar spoke about both of his kids being involved in the Little League. He said that the City is taking away a whole season's worth of games. He mentioned the history of the baseball fields and the agreement with the Angels. He continued to speak aboutthe fields. Ryan Masutta spoke about sharing a common goal, butthere are concerns on how things are being done. He mentioned that the 30-year lease that we are giving to this for-profit organization. He spoke about the Little League winning a U.S. Championship and the City not appreciating it. He said that there are a lot of parents and coaches that are stepping up and volunteering to make this league successful. Andrea Sorto spoke about baseball being a huge part of her life, and the education that East Boynton Beach Little League has taughtto the kids.She said thatbaseball is not black and white,and that what Attorney Lamb read was not true. She asked forthem to have the opportunity to grow. She mentioned that she could not get ahold of anyone when she contacted to get information. Beth Sanzone stated that she would like to talk about two warehouses that are going up behind her house. She spoke about her concerns and asked to get more information. Jean Ferguson statedthatthereare hundreds,ifnotthousands,of kidsthatthiswill impact. He spoke about what the fields mean to everyone. He said that the City has not been in communication with the Little League Board. He asked if this is really best for the City's kids. He invited the officials out to see the kid's disappointment on the 9th. Jared Ryan stated that this is his 5th year volunteering with the league. He said thatthis is not right,andwhathasbeen going on with thethird party is not okay. He spokeaboutwhen permits were given, hundreds of kids were signed up, and that if they were notified,they would have made it work out. He commented that this whole thing stinks. He mentioned that the Little League Championship should mean more to the City. Tierra Rogers stated thatshe moved here from Kentucky andthatthe Little League helped her kids get settled into the City, and that these people are all family.She mentioned that the person that they are working with is a despicable human being,and that this is all for profit. She said that the City is putting a dollar amount on the safety of the kids. Jessica Ferguson spoke about communication with East Boynton Beach Little League and said that she still has not received information about when they are going to start renovations.She mentioned getting use of anotherfield on Jan uary29th.She said that she is here to stand for the Little League. She spoke about communication with the City about the site plans. Jacqueline Slide spoke about herseniornotbeing able toplay at East Boynton Beach Lithe League because of the renovations.She spoke about the City not caring aboutwhatthey 6 Meeting Minutes City Commission Meeting Boynton Beach, FL February 6, 2024 are going through. She asked why the field cannot be done after the season. Erik Fraga spoke about the community being fantastic, and that most little leagues are going under. He mentioned that their league is growing every year, and what the City is doing is hurtful. He asked that they consider everything they are hearing tonight. Barbara Ready spoke about not allowing East Boynton Beach Little League to be a part of this plan.She said that if due diligence had been done,theywould not be heretonight She spoke about what the league needs,and them being taken for granted. She commented that it is not too late to make changes. Ohrista Silverman spoke about the risk that this poses, if she has to be in three places at once. She said that she has to pick and choose where she has to go, because she can only be in one place. Harry Woodworth said that he wants to be proud of where he lives, and he is very embarrassed of the City right now. He spoke about the strategic planning that the City Officials had not too long ago,and that they should followup on that. He said thatthey are up there to serve the City, and they need to refocus. Adam Limb spoke about having two kids on the league and his involvement in leagues. He said that they have a little treasure here in East Boynton Beach Little League. He talked about his background in the Military, and about project management. He asked to have action taken, as leaders of the community. Coach Ed Novac spoke about his history with the League. He said that hisfamily has to try to find a field that will work for them. He asked that the City do the right thing so that they can continue to build a legacy. Andre Wasco, Michael Ferguson, Dylan Fraga asked for the City to let them play at the fields. They spoke about growing up in these fields and asked the City to do better. Maria Lucre spoke aboutwhythe fields mean so much to them,and herfamily involvement in the fields.She mentioned the structure that baseball gives to the kids, and thatthis is the kid's safe space. She asked for the City to give them their fields back. Kevin Cox spoke about helping to prepare the field for games. He echoed the concerns of the league team. Virtual comments-there were 2 people that could not be heard. Mayor Penserga closed public audience. Vice Mayor Turkin said there have been previous proposals to expand the cemetery to dissolve the Little League fields. He said he wants to stop that rumor because it will never happen. He asked where they are at with the Primetime Sports agreement and action 7 Meeting Minutes City Commission Meeting Boynton Beach, FL February 6, 2024 taken by the City. Commissioner Cruz said that they need to speak to the City Manager and Attorney Lamb before speaking aboutth is and address concerns and find solutions.She thanked everyone for showing up and acknowledged the sensitive nature of the topic. Motion: Vice Mayor Turkin moved to amend the agenda to speak about this issue.The motion died to lack of second. Commissioner Hay stated his heart goes out to parents and he wants to move forward correctly. 5. Administrative A. Advisory Board Appointments. The Commission recessed at 8:30 P.M. The Commission reconvened at 8:38 P.M. Mayor Pen serga listed the open Board positions. Motion: Commissioner Hay nominated Matthew McMullumfor the regular seat on the Recreation and Parks Board. Commissioner Kelley seconded the motion. The motion passed unanimously. Motion: Commissioner Kelley nominated Thomas Devlin for the alternate seat on the Recreation and Parks Board. Commissioner Hay seconded the motion. The motion passed unanimously. B. Community Support Funds Vice Mayor Turkin stated that this is for Travel league. Motion: Vice Mayor Turkin moved to approve the Community Support Funds request from Vice Mayor Turkin.Commissioner Hay seconded the motion.The motion passed unanimously. 6. Consent Agenda 8 Meeting Minutes City Commission Meeting Boynton Beach, FL February 6, 2024 Motion: A. Proposed Resolution No. R24-020- Amend the FY 2023-24 budget to adjust budgeted appropriations and revenue sources and provide spending authority for the General Government Capital Improvement Funds (302 & 303), the Utility Capital Improvement Funds (403& 404), the Golf Capital Improvement Fund (412), the Fleet Fund (501), and various funds for previous years' Purchase Orders. B. Proposed Resolution No. R24-021- Approve and authorize the Mayor to sign the First Amendmentto the Interlocal agreement between The City of Boynton Beach and the Boynton Beach Community Redevelopment Agency, for the improvements to the Historic Woman's Club of Boynton Beach. C. Proposed Resolution No. R24-022- Approve the use of Fire Department fleet funding for the purchase of a new fire rescue boat in the amount of $404,833.64, utilizing the GSA (U.S. General Services Administration) contract 47QSWA18D009G, in lieu of using the previously approved funding for the fire boat from ARPAfunds.Proposed Resolution No.R24-023-Approve request of the Fire Department for remaining ARPA funds to be utilized towards the purchase of one of the two fire rescue trucks that are slated to be purchased in the current fiscal year. D. Proposed Resolution No. R24-024- Approve and authorize the City Manager to sign a Utility Work by Highway Contractor Agreement with FDOT, a Three- Party Escrow Agreement, and any required assurances,for the adjustment of Utilities' sanitary sewer manholes and valve boxes along SR 804/Boynton Beach Boulevard from North Congress Avenue to NW 8th Street with an initial estimate of $11,088. E. Proposed Resolution No. R24-025- Approve and authorize the City Manager to sign a Hold Harmless Agreement between the City of Boynton Beach (the "Indemnitee")and Verizon VZB (the "Indemnifier")to install fiber optic cable, conduit,and handholeswith in Boynton Beach Utilities'20-footeasementalong North Congress Avenue. F. Proposed Resolution No. R24-026- Approve and authorize the City Manager to sign an easement document between the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (the "Grantor") and the City of Boynton Beach (the "Grantee") for existing on- site utilities at WXEL, located at 3401 South Congress Avenue. G. Commission Meeting Minutes. 9 Meeting Minutes City Commission Meeting Boynton Beach, FL February 6, 2024 Commissioner Cruz moved to approve the Consent Agenda. Commissioner Kelley seconded the motion. The motion passed unanimously. 7. Consent Bids and Purchases over$100,000 A. Proposed Resolution No. R24-027-Approve the piggyback utilizing the Martin County Contract No. RFB2023-3527 and a Purchase Order for Sodium Hydroxide (Caustic) for Chemicals for Water & Wastewater Treatment at the Water Treatment Plant. B. Proposed Resolution No. R24-028- Approve the one-year extension for RFPs/RFQs/Bids and/or piggy-backs for the procurement of services and/or commodities over $100,000 as described in the written report for February 6, 2024 - "Request for Extensions and/or Piggy-backs." C. Proposed Resolution No. R24-029-Award Bid No. UTL24-002 for Re- Bid No. UTL24-002 Lime Sludge Removal, Hauling, and Disposal services and authorize the City Manager to sign a Contract and issue a purchase order to the lowest responsive and responsive bidder, Devland Site Paving and Utilities, Inc., for the amount of $199,800. D. Proposed Resolution No. R24-030- Authorize the City Manager to sign a two (2) year agreement with Iron Container, LLC,of Miami, FL, as the result of Bid No. PWSW24-010 for Metal Containers and Roll-Offs, with a not exceeding $150,000 per year. E. Proposed Resolution No. R24-031- Approve utilizing the City of Plantation, Florida, Bid No. 072-22, and Authorize the City Manager to sign an agreement with Pavement Technology, Inc. of Westlake, Ohio, for Asphalt Rejuvenation Services with an estimated annual cost of $150,000. Mayor Penserga noted the scrivener's error in 7D. Motion: Commissioner Cruz moved to approve the Consent Bids and Purchases over$100,000. 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. 24-001- Second Reading-An ordinance of the City 10 Meeting Minutes City Commission Meeting Boynton Beach, FL February 6, 2024 of Boynton Beach, Florida, amending Ordinance 02-013 to rezone a parcel of land described herein and commonly referred to as the Pulte Cottage District from single and two-family residential (r-2) to Infill Planned Unit Development (IPUD); providing for conflicts, severability, and an effective date. B. Approve request for a Variance (ZCVL-2023.06.4139)from Part III, Chapter4, Article XIII, Section 2 Required Sustainable Development Standards (Table 2- 1) Electric Charging Stations requirement for the Pulte Cottage District, generally located between NE 5th Ave and NE 4th Ave, and between Seacrest Blvd and NE 1st St. Applicant: Aimee Carlson, Pulte Group. C. Approve request for New Master Plan and New Site Plan (NMP, NWSP- 2023.06.4139) for the Pulte Cottage District for 19 single-family units and 22 town home units, property generally located between NE 5th Ave and NE 4th Ave, and between Seacrest Blvd and NE 1st St. Applicant: Aimee Carlson, Pulte Group. Mayor Penserga asked for ex-parte communication on items 8A-C, which would be heard together but voted on separately. Commissioner Kelley said regarding Items 8A-C that she has had any ex-parte communication with Matthew Barnes at WGI and Aimee Carlson from Pulte,has received written communication,has not conducted an investigation, has not made a site visit, and has not received expert opinions. She requested that these disclosures and all written communications be made a part of the record. Commissioner Hay said regarding Items 8A-C that he has not had any ex-parte communication,has received written communication,has not conducted an investigation, has not made a site visit, and has not received expert opinions. He requested that these disclosures and all written communications be made a part of the record. Mayor Pen serga said regarding Items 8A-C that he has had any ex-parte communication with Andrew Maxi, Aimee Carlson, Matthew Barnes, has received written communication, has not conducted an investigation, has not made a site visit,and has not received expert opinions. He requested that these disclosures and all written communications be made a part of the record. Vice Mayor Turkin said regarding Items 8A-C that he has had ex-parte communication from Andrew Maxi, has received written communication, has not conducted an investigation, has not made a site visit, and has not received expert opinions. He requested that these disclosures and all written communications be made a part of the record. Commissioner Cruz said regarding Items 8A-C that she has had any ex-parte 11 Meeting Minutes City Commission Meeting Boynton Beach, FL February 6, 2024 communication with representatives from Pulte and WGI has received written communication, has not conducted an investigation, has not made a site visit, and has received expert opinions. She requested that these disclosures and all written communications be made a part of the record. City Clerk De Jesus swore in anyone intending to speak. She read the titles of Ordinance No. 23-031, Variance (ZCVL-2023.06.4139), and New Master Plan and New Site Plan (NMP, NWSP- 2023.06.4139), into the record. Andrew Meyer, Senior Planner, spoke about the changes that were made as follows: requests; modification- conditions of approval; staff recommends approval; and questions. Vice Mayor Turkin said that he is good to go, since staff clarified the amendments. Commissioner Kelley stated that she would like to hear from the applicant regarding the changes. Matthew Barnes stated that they are in agreement with the changes. Public Comments: Mayor Penserga opened public comments on 8A. Susan Oyer said that she is the one land owner that abuts this property, and nobody has reached out to her. She said that she is concerned regarding the lights that are being put up,whether they will be warm white lights. She mentioned not having a chance to look at the site plans but that this is a cottage district, but they are putting in houses. She mentioned not having random people coming through their property and that there are lots of trees. Barbara Ready stated that she attended the Pulte Community input meeting, and she expressed her concerns about the feel of the houses. She asked that the properties look a little better so that they look like they belong in the Historic District. She mentioned an HOA law that was just passed and said that they cannot regulate what people can store in their garages. No virtual comments. Mayor Penserga closed public comments. Motion: Commissioner Cruz moved to approve Proposed Ordinance No. 24-001 on Second 12 Meeting Minutes City Commission Meeting Boynton Beach, FL February 6, 2024 Reading. Vice Mayor Turkin seconded the motion. The motion passed unanimously. Mayor Penserga opened public comments on 8B and 8C. Susan Oyer stated that she has no problem with the variance as long as chargers are allowed to be put into the garages. She said that she would like to have her concerns addressed that she previously spoke about. She suggested a butterfly garden in the area they have with nothing on it. There were No virtual comments. Mayor Penserga closed public comment. Motion: Commissioner Kelley moved to approve Variance (ZCVL-2023.06.4139). Commissioner Hay seconded the motion. The motion passed unanimously. Motion: CommissionerHay moved to discuss New Master Plan and New Site Plan (NMP, NWSP- 2023.06.4139). Commissioner Hay seconded the motion. Commissioner Kelley asked if there was a response back from the applicant regarding the concerns that the public had. Matthew Barnes stated that everything has been addressed. He spoke about the items that the public spoke about. He said that the architecture is what was approved by the CRA previously. Commissioner Kelley said that there was a mention about warm lights. Mr. Barnes stated that the CRA approved the lights. Mr. Temple stated that if the modification of the approvals can be included in the motion. Motion: Vice Mayor Turkin moved to approve the New Master Plan and New Site Plan (NMP, NWSP-2023.06.4139), with modifications 3 and 5 as proposed. Commissioner Kelley seconded the motion. The motion passed unanimously. D. Approve request for a New Major Site Plan (NWSP-2023.07.23617) application for 3800 S. Congress Avenue to construct two (2) industrial 13 Meeting Minutes City Commission Meeting Boynton Beach, FL February 6, 2024 warehouse buildings totaling approximately 457,026 square feet and associated site improvements on a 30.72-acre site located at 3800 S. Congress Avenue, in the M-1 (Light Industrial)zoning district. City Clerk De Jesus read New Major Site Plan (NWSP-2023.07.23617) into the record. Commissioner Cruz said regarding Items 8D that she has had any ex- parte communication with Bonnie Miskel, has not received written communication, has not conducted an investigation, has not made a site visit, and has not received expert opinions. She requested that these disclosures and all written communications be made a part of the record. Vice Mayor Turkin said regarding Items 8D that he has had any ex-parte communication with Bonnie Miskel, has received written communication, has not conducted an investigation, has not made a site visit, and has not received expert opinions. He requested that these disclosures and all written communications be made a part of the record. Mayor Penserga said regarding Items 8D that he has had any ex-parte communication with Bonnie Miskel, has not received written communication, has not conducted an investigation, has not made a site visit, and has not received expert opinions. He requested that these disclosures and all written communications be made a part of the record. Commissioner Hay said regarding Items 8D that he has not had any ex- parte communication, has not received written communication, has not conducted an investigation, has not made a site visit, and has not received expert opinions. He requested that these disclosures and all written communications be made a part of the record. Commissioner Kelley said regarding Items 8D that she has had any ex-parte communication with Bonnie Miskel and representatives from Foundry Commercial, has not received written communication, has not conducted an investigation, has not made a site visit, and has not received expert opin ions.She requested that these disclosures and all written communications be made a part of the record. Bonnie Miskel spoke about the redevelopment as follows: property location; application request; proposed site plan; proposed elevations- building 1, West and North; propose elevations-building 1, East and South; proposed elevations-building 2, east and south; proposed elevations- building 2, west and north; proposed rendering- building 2 east facade; building 2 southeastentry; staff recommendation of approval with conditions;and questions. Craig Pinder, Senior Planner, stated that they are supportive of the approval once the 14 Meeting Minutes City Commission Meeting Boynton Beach, FL February 6, 2024 applicant meets all conditions. Commissioner Cruz asked if they have had meetings with nearby neighborhoods, that she be invited to a meeting, so that they can address the concerns. Bonnie Miskel stated that she is happy to have a meeting. Commissioner Cruz asked about hours of operation. David Blunt, Foundry Commercial, stated that it would be dependent on the tenants, but they do not know exactly. Commissioner Cruz said there are residential neighborhoods on both sides of the property and that she would like reasonable hours. Mr. Blunt said that they would be reasonable and would comply with regulations of the City. CommissionerKelley said that she agrees with CommissionerCruz and stated from what this looks like, they are way closer to the neighborhood than what is proposed on the plan. Ms. Bonnie said that they are building a setback more than three times that is required, and there is heavy landscaping between the two. She stated that they will meet with the property, and they were noticed about the project. Mr. Pinder said that during the site plan, they asked for additional trees, and that they said yes. Vice Mayor Turkin asked about the number of spaces for the tenants. Ms. Miskel stated they have 462 spaces today and that they meet parking requirements. Vice Mayor Turkin asked if semi-trucks can get in. Ms. Miskel confirmed that they meet minimum requirements. Commissioner Cruz said that she is in support of this project and that she would like to meet with them and the community. Mayor Penserga opened the floor to publiccomment, no one came forth. He closed public comments. Motion: 15 Meeting Minutes City Commission Meeting Boynton Beach, FL February 6, 2024 Commissioner Cruz moved to approve the New Major Site Plan (NWSP-2023.07.23617) Commissioner Kelley seconded the motion. The motion passed unanimously. 9. City Manager's Report This item was heard earlier in the meeting, following 3D. A. Presentation by the Community Standards Department. Candice Stone, Community Standards Director, spoke about the following regarding community standards: department mission statement, department core services; performance metrics FY 22-23; current initiatives; chronic nuisance program; Federal Highway beautification; Seacrest Blvd. beautification; monthly street clean ups; solid waste focus; increasing property maintenance standards; community outreach; identify and regulate short-tern rental properties; future initiatives;new software implementations; SagesGov Code; host compliance powered by Granicus; Hera Property Registry; Home of the Month; objective; and questions. Commissioner Kelley thanked Ms. Stone. Commissioner Hay thanked Ms. Stone for her presentation and the response from Community Standards. Mayor Penserga thanked her for the Community Clean ups. Vice Mayor Turkin thanked herfor her leadership and Community Standards for all they do. He said that he loves the Home of the Month idea. He added that the amount of garbage collected over the years is astronomical. Commissioner Cruz thanked the department. 10. Unfinished Business — None 11. New Business — None 12. Legal A. Proposed Ordinance No. 24-002- First Reading-An Ordinance of the City of Boynton Beach, Florida repealing Sections 2-5, 2-6, and 2-7 of the City Code of Ordinances; creating a new Article in Chapter 2, Administration, Article 6, entitled "City Attorney;" providing for codification, severability, conflicts; and providing for an effective date. (Tabled from January 16, 2024). 16 Meeting Minutes City Commission Meeting Boynton Beach, FL February 6, 2024 City Clerk De Jesus read Proposed Ordinance No. 24-002 into the record. Motion: Commissioner Kelley moved to remove the item from the table. Commissioner Cruz seconded the motion. The motion passed unanimously. City Attorney Lamb stated that this codifies the responsibility of the Attorney Office, and allows for settlements up to $50K, and does provide the Commission ability to provide special counsel. Vice Mayor Turkin clarified the settlement requirements. Motion: Vice Mayor Turkin moved to approve Proposed Ordinance No. 24-002. Commissioner Hay seconded the motion. The motion passed unanimously. B. Proposed Ordinance No. 24-003- First Reading -An Ordinance of the City of Boynton Beach, Florida, amending Chapter 2. "Administration," Article IV, entitled "Purchasing & Consultants," Section 2-56(c) is hereby amended to amend the process to dispose of City -owned real property; providing for conflicts, severability, codification; and an effective date. City Clerk De Jesus read Proposed Ordinance No. 24-003 into the record. Motion: Commissioner Hay moved to approve Proposed Ordinance No. 24-003. Commissioner Cruz seconded the motion. The motion passed unanimously. C. Proposed Ordinance No. 24-004- First Reading-An Ordinance of the City of Boynton Beach, Florida, amending Chapter 2.5, "Alarm Systems," to clarify Fire Department fees for responding to excessive false alarms; providing for repeal of laws in conflict, severability, codification and an effective date. City Clerk De JesUs read Proposed Ordinance No. 24-004 into the record. Commissioner Kelley asked about the change. City Attorney Lamb stated that it was not clear relating to the Fire Department allowing to impose fines for excessive fire alarms, and this codifies it. 17 Meeting Minutes City Commission Meeting Boynton Beach, FL February 6, 2024 Motion: Commissioner Cruz moved to approve Proposed Ordinance No. 24-004. Commissioner Hay seconded the motion. The motion passed unanimously. D. Proposed Ordinance No. 24-005- First Reading-An Ordinance of the City of Boynton Beach, Florida, amending Chapter 9, "Fire Protection and Prevention," Section 9-1, "Boynton Beach Fire Code; Fire Codes Adopted," to update the City Code as required by Florida Statute when a new edition of the Florida Fire Prevention Code has been adopted; providing for repeal of laws in conflict, severability, codification, and an effective date. City Clerk De Jesus read Proposed Ordinance No. 24-005 into the record. City Attorney Lamb explained that the changes are what the State Legislature adopts every few years, and they will not have to come back to approve this again ,as it applies to future amendments. Commissioner Kelley stated that she understands the reason to make it smoother but would like to know how they will know about the updates. City Attorney Lamb said that the City Clerk will get a copy of the updates. Motion: Commissioner Cruz moved to approve Proposed Ordinance No. 24-005. Vice Mayor Turkin seconded the motion. The motion passed unanimously. 13. Future Agenda Items A. Ordinances 37, 47, and 136, relating to segregation. - February 20, 2024 B. Presentation by Utilities Department on project to review existing utility infrastructure, development of risk matrix, and prioritization of repairs and/or replacement projects - February 20, 2023 C. Provide update on grant funded projects in the Capital Improvement Plan - March 5, 2024 D. Discussion regarding regulations to support local businesses.- March 5, 2024 E. Discussion regarding existing regional programs and best practices to combat homelessness in the City. - March 19, 2024 F. Discussion regarding the Art Assessment Fee being allocated to infrastructure 18 Meeting Minutes City Commission Meeting Boynton Beach, FL February 6, 2024 instead of public art. — TBD G. Discussion regarding combining City properties together to create senior affordable housing . — TBD H. Discussion regarding youth student attendance, at National League of Cities Conference, sponsored by the City.- TBD I. Discussion regarding a waiver process and criteria for workforce housing projects. - TBD 14. Adjournment Commissioner Kelley stated that she would like to make sure that the items will be on the future agenda items. Mr. Dugger said that we will add the request to 13C, in addition to Commissioner Cruz's requ est. Mayor Penserga asked to have the expectation cleared up. Mr. Dugger said that we will add a discussion item regarding paving. Commissioner Hay asked staff about an update on annexation. Mr. Dugger said that they will have to speak to staff because the studies are probably a few months away. Mayor Penserga said that he has several things to discuss but will speak to the manager. 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 9:32 P.M. CITY OF BOYNTON BEACH F 80YN7 j" ATT T: I 8.6G) -'7/e•• 1,% % 14% : � C.31 C� i ;