Minutes 10-06-20Minutes of the City Commission Meeting Held Online via the GoToWebinar Platform Boynton Beach, Florida On Tuesday, October 6, 2020, at 5:30 p.m. Present: Steven B. Grant, Mayor Lori LaVerriere, City Manager Ty Penserga, Vice Mayor James Cherof, City Attorney Justin Katz, Commissioner Crystal Gibson, City Clerk Woodrow L. Hay, Commissioner Christina Romelus, Commissioner 1. Openings A. Call to Order - Mayor Steven B. Grant Mayor Grant called the meeting to order at 5:34 p.m. John McNally, ITS Director, explained how the online meeting would proceed and how the public could participate Invocation by Pastor Randy Patterson of Seacrest Presbyterian Church Commissioner Hay gave the invocation. Pledge of Allegiance to the Flag led by Commissioner Christina L. Romelus Commissioner Romelus led the Pledge of Allegiance to the Flag. Roll Call City Clerk Gibson called the roll. A quorum was present. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Grant explained the City Manager requested adding Transportation to Early Voting to New Business as Item 11A. Commissioner Hay requested adding City Attorney James Cherof comments about the City’s victory regarding the City’s Chronic Nuisance Ordinance as Item 2B. Mayor Grant thought it should be heard as Item 12C under legal as it pertained to the Circuit Court’s ruling against the Homing Inn. There were no objections. Commissioner Romelus asked Chief Gregory to speak about the transparency webpage he created under Announcements and to add the next City
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Commission meeting having a discussion about the EPS Ordinance. Mayor Grant requested the police report be move to under City Managers Report. There was agreement to do so. Vice Mayor Penserga requested information about the ordinance. Commissioner Romelus explained Ms. Harvey would send it out to discuss. She received a request to ask that City facilities not use Styrofoam items. Mayor Grant thought it was already passed. 2. Adoption Motion Commissioner Hay moved to approve the agenda as amended. Commissioner Romelus seconded the motion. The motion unanimously passed. 2. Other A. Informational items by Members of the City Commission Vice Mayor Penserga disclosed he spoke to both parties involved with the Nickels property. Commissioner Romelus spoke with Bradley Miller and received emails from others also about the Nickels property. Commissioner Hay spoke with Centennial about the Nickels property. Commissioner Katz received calls from Bradley Miller and Centennial about the Nickels property with Mr. Miller representing Pulte Group. Mayor Grant advised some people sent him text messages during the meeting to get his attention as he may have missed something. He gave out the proper number. He disclosed he attended a Business Development Bureau seminar and digital inclusion from the Palm Foundation. He attended a Transportation Planning Agency of Palm Beach County meeting where he moved for the agency to have discussion with the County to be better informed about the County’s neighbors to the South are doing regarding transit stations. Miami Dade is trying to approve five different stations, he wants to know where Boynton Beach stands between Boca and West Palm Beach and how Boynton Beach can benefit, from the different discussions. He attended the Florida League of Cities and discussed downtown development with the D’Almeida’s, Harvey Oyer, John Markey and Mark Hefferin and Davis Camalier. All were open to new ideas, but not necessarily collaborating with one another. He thought if the City wants to add a commercial aspect to it, the City and CRA will have to subsidize it to ensure it is reasonable to develop. He wished all a Happy Rosh Hashanah. He attended the Literacy Coalition announcing they have a new Read for the Record, and determine how to get the most people involved. He read the Nickel Boys book. He attended a Dune Restoration with regional
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conservation to expand the biodiversity of the flora along the dunes. He planted dune plants. He spoke with Community Partners about the Navigator program with the $75K investment the City is moving forward with regarding the Wi-Fi extenders, and wanted to ensure the community can educate the community how to properly use technology, and wanted meaningful discussion with health care how to use telemedicine. He noted Yom Kippur was September 28th and he had a conversation about Ocean One and their new development. He spoke with Bonnie Miskel and Lewis Swezy earlier in the day. 3. Announcements, Community and Special Events And Presentations A. Proclaim October 15, 2020 as White Cane Safety Day in recognition of the growing independence and self-sufficiency of individuals who are blind in America and also, to gain recognition of the white cane as the symbol of that independence and that self-reliance. Ted Goodenough, Assistant ADA Coordinator will accept the Proclamation from Mayor Steven B. Grant. Mayor Grant read the proclamation declaring October 15, 2020, as White Cane Safety Day. Present to accept the proclamation was Debby Majors, Grant and ADA Coordinator. Ms. Majors thanked the City on behalf of Lighthouse and others for observing White Cane Safety Day and Guide Dogs. B. Proclaim the Week of October 19 to 25, 2020, as Florida City Government Week. Vice Mayor Penserga will accept the proclamation. Mayor Grant read the proclamation declaring he week of October 19 to 25, 2020 as Florida City Government Week. Present to accept the proclamation was Vice Mayor Penserga who expressed Boynton Beach was leading the way. He was excited about the City’s Municipal App as the City was reaching out to residents in ways others are not. He was looking forward to the internship program and expressed working in government was a wonderful career. C. Proclaim the month of October 2020 as Domestic Violence Awareness Month. Jennifer Rey with Aid to Victims of Domestic Abuse, Inc. (AVDA) will accept the proclamation. Mayor Grant read the proclamation declaring the Month of October 2020 as Domestic Violence Awareness Month. Present to accept the proclamation was Jennifer Ray with Aid to Victims of Domestic Abuse, Inc. (AVDA.) Ms. Rey thanked the City Commission and was grateful for the City’s support. She noted during the stay at home order, hotline calls dropped dramatically. Individuals were not able to find a way to get away safely. She explained AVDA launched their secure text enabled hotline 561-265-2900 that can be used by victims of domestic violence that may not be able to call via telephone.
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D. Proclaim the week of October 18-24, 2020 as Poverty Awareness Week in the City of Boynton Beach. Kemberly Bush, CEO of Pathways to Prosperity, Inc. will accept the proclamation. Mayor Grant read the proclamation declaring October 18-24, 2020, as Poverty Awareness Week. Present to accept the proclamation was present to accept the award. She was excited and proud the City and Pathways was celebrating 10 years of partnership. She invited the City Commission to participate as they have distributed flyers and information and assisted many families to self-sufficiency, who are homeowners. Mayor Grant advised he wanted to work with Pathways to Prosperity to help end the digital divide so all can access the internet and obtain resources. E. Proclaim October 7, 2020 as Energy Efficiency Day in the City of Boynton Beach. Rebecca Harvey, Sustainability Coordinator, will accept the proclamation. Mayor Grant read the proclamation declaring October 7, 2020, as Energy Efficiency Day in the City of Boynton Beach. Ms. Harvey was present to accept the proclamation and thanked the City Commission. It was her fourth year participating in National Energy Efficiency Day. The City has demonstrated its commitment to energy efficiency for the new City Hall and the Police Station by achieving Green Building Certification for the efficient use of resources and reductions of environmental impacts. Residents and businesses can also take advantage Energy Edge Rebate Program and receive up to $1,500 for energy efficient appliances, solar and electric vehicles. To-date, $106K has been rebated. F. Announce the launch of the City of Boynton Beach official mobile application the "MYBB" app. Andrew Mack, Public Works Director, had a brief PowerPoint presentation introducing the City’s municipal app called My BB, that would connect Boynton Beach residents to the City. The free app gives citizens 24-hour access to non-emergency services within the City. Mr. Mack reviewed the timeline associated with development of the app, which commenced in August 2019. It was added to the website in July, and downloaded in October. It is available on Apple Play Store and Google Play. He reviewed the features the app provided and a brief tutorial was viewed. With the MyCivic Services App, someone can report an issue in the field and it is added to the system in real time. This is also embedded on the City’s website under services to important issues, it brings up a similar page. He also reviewed the My Reports page on the app, which provides a listing of what the person reported and the status. Push notifications can also be received through the app as well. The apps can be used for boil water notices, garbage pickup schedule changes and road closures. Mr. Mack thanked all of the City staff for their expertise in developing the app. Vice Mayor Penserga asked if he could attach a picture of a cracked sidewalk or pothole with a GPS location with the app and learned he could. He asked what information the
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City collects from the user and learned only name, phone and contact information. The user can also use the app anonymously. He asked if the app would track the location of the user when not making a report and learned it would not, only when uploading information to report an issue. Commissioners Hay and Romelus were pleased with the app and found it easy to use. Commissioner Romelus also had comments and suggestions she would contact Mr. Mack about later. Eleanor Krusell, Director Public Communications and Marketing, advised Mr. Mack will host a live Facebook interview about MyCivic App on Friday at 10 a.m. G. Announce grand opening of playground areas in Town Square on October 17th. Ms. Krusell announced on Saturday October 17th the City will open the Town Square playground to Funfare. At 9 a.m. the City will welcome its first playground players to the Town Square Public Park west of the Cultural Center and behind the Schoolhouse Children’s Museum. Ice cream will be available as well as chalk art. The event is scheduled for 9 a.m. to 11 a.m., but all children and families can stay and play at the playgrounds for the remainder of the day. The playgrounds will be open seven days a week from sunrise to sunset. Ms. Krusell encouraged all to follow the City on Facebook, Twitter and Instagram for further details and use the new hashtag, “Boynton Beach is my Playground.” Hand sanitizer will be available. H. Hear monthly update from JKM Developers and E2L Solutions on Town Square project Lori LaVerriere explained Mark Hefferin will make a presentation and Mr. John Markey sent a letter with his update. Mr. Hefferin reviewed an aerial photograph and announced the main areas are now paved and open for business. There is parking behind the museum. Police staff moved in to the new headquarters on June 12th. The public artwork was installed and it is beautiful at night. Staff moved into the Cultural Center on July 2nd and they are cleaning up a few items. The Fire Station move-in date was June 2nd and the District Energy Chiller move-in date was January 31, 2020. The City Hall move-in date was July 7th and the Library moved in a few weeks later. An aerial of the amphitheater was viewed. They will be testing the system over next few weeks. Centennial Park will have sod on October 12 th. The time capsule will be delivered and the City could decide what they want to put in the capsule. A plaque will be placed on top of it when it is buried. Ms. Krusell and staff were working on what the capsule will contain. There were meetings held this week about the Synesthesia artwork scheduled for installation on October 16 th. He noted the piece lights up at night and plays music. The Children’s playground will be open October 17 th. The five to twelve-year old playground was finished and will be fenced to for the safety of the children in that area. The asphalt parking north of the playground was just installed last
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week. They put in gates last week. The hotel site will be overflow parking and will be landscaped. It will add an attractive component. They met with the City to discuss the current post office and its connectivity. With the hotel design, photos were taken with drones that shows the proposed hotel pool deck and bar area overlooking the Kapok and playground. They are working on the design for the parking and overall design. Mayor Grant thought it was very exciting. He had thought the Old High School was able to be saved and refurbished. He stated that the Schoolhouse Children’s Museum’s nonprofit agency is also called “Cultural Center”. He thought the consensus of the City Commission was that the former Old High School should be called the “Boynton Beach Civic Center” instead until it is given a proper name. There were no objections. A letter from JKM Developers was viewed. Ms. LaVerriere noted staff is not actively negotiating with the developer. There was one exploratory courtesy meeting with a developer interested in partnering with JKM regarding the North parcel. Staff met once with John Markey. Commissioner Katz wanted clarification about efforts by JKM to reach out to commissioners to engage in individual negotiations and circumvent the motion. The motion that was passed was to explain how to proceed as the current contract states by JKM or to acknowledge an inability to adhere to the contract and wind down the relationship. If it is not in the existing contract and if is not about how JKM attempts to comply with the contract, there should be no conversation. Attorney Cherof agreed. Commissioner Katz asked why the letter was submitted if they cannot question JKM representatives that they believe they can move forward. Ms. LaVerriere advised after the last meeting, she emailed Mr. Hefferin and Mr. Markey about the upcoming monthly update. At that time Mr. Markey indicated he would have a representative available and since then submitted an update in writing. Commissioner Katz was disappointed no one showed up. Mayor Grant said Resolution 18-48 does require them to give a monthly update, but it does not state it could not be via letter or in person. There was not much more to say as the City Commission only gave two options. Attorney Cherof noted they had an add-on item regarding 12C in regard to the Chronic Nuisance Ordinance, and requested it be heard now. There were no objections. Deputy City Attorney Shana Bridgeman who handled the matter with staff would make a report to the City Commission. Attorney Bridgeman explained Homing Inn was the first property cited as a chronic nuisance. What staff did previously was they did a mail out to the businesses in the area to give them notice they were looking to partner with them when there are nuisances or chronic nuisances at the property and to work collaboratively rather than penalize them. Homing Inn was the first property cited. Staff had multiple meetings with the property owner and their counsel to explain what was occurring, such as bad lighting, which accommodated people congregating and drugs, and they recommended various improvements such as lighting and cameras to record license
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plates to make the property less of a nuisance. The property owner failed to make the changes. The property owner then entered into a written agreement to promise to make the repairs in a certain amount of time. There were several delays and ultimately the matter went to the Code Magistrate. The Magistrate had three separate hearings and issued an order declaring the property a chronic nuisance. The Defendant filed an Appeal and today the 15th Circuit Court ruling in favor of the City as to the legality of the property. The ordinance and the way the City implements the ordinance are lawful as there are other properties that are also nuisance properties. 4. Public Audience Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of the Chair, this three-minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Roger Saberson, 2740 SW 23rd Cranbrook Drive, sent an email to the Mayor and City Commission about the Country Trail PUD final plat. Mayor Grant advised the item will be moved from the Consent Agenda and he could speak then. Susan Oyer, 140 SE 27th Way, read the attached letter (see Attachment “B”) into the record pertaining to Climate Change and the Nickels Boulevard property. She requested the City rescind Resolution 20-087 as there is protected wildlife on the property. Commissioner Romelus noted there were members of the public coming up to the podium not wearing masks. Mayor Grant explained the attendees were six-feet apart. Commissioner Romelus pointed out the distance was not the issue. They were all speaking into the microphone. Tom Warnke, 2780 Worchester Road, explained the forest is 14 acres located 2.3 miles from City Hall and there has been little or no discussion of public land. He advised the property meets all of the definitions of a forest, which he thought was priceless. He explained due to COVID, many citizens were unaware of the City’s plan to sell the forest. He requested time to show the value of public lands and why it should not be sold for housing. He advised the forest is close to the Boynton Mall, that will have hundreds of residences built. It is a one-minute bike ride from the mall on the Boynton Canal on a road that has twelve homes. Some of the property could be a shaded dog park. The Palm Beach County Environmental Resources Management Division advised the forest needs to have a comprehensive site inspection and the County is interested in preserving the property. After speaking with agency personnel, he learned Pulte Homes has a poor record of protecting preserve land. The value of the forest was estimated at $100K per acre per year. He thought the forest could be a destination for students as the Pine Jog Environmental Preserve has 25K students visit every year. Limited parking can be addressed by mobile app and generate income. The forest is a valuable carbon sink that offers climate change mitigation. The Floridan Aquifer is under the forest and filtered water recharge areas are valuable. He asserted this was the City’s last opportunity to
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preserve the forest. He requested the City Commission move to rescind the resolution and not sell the property or delay the sale until the City Commission could assess the value of the forest. Laura Milligan, 3621 Harlowe Avenue, explained Palm Beach County dedicated the property for public purposes. Recently the land was referred to a future park site, and she objected to housing being built on the property. She noted there are very few wildlife areas left in Boynton Beach and many animals were seen in the woods. State law protects wildlife such as gopher tortoises, which have to be relocated. Trees are important as they add shade and cool the atmosphere. She submitted a petition (see Attachment “C”) to save the woods and honor the deed restriction on the property requiring the property to be used for a public purpose and protect wildlife. Nicole Spikes, 9430 Nickels Boulevard, lives across the street from the property and has seen much of the wildlife. She agreed the property should be preserved. Her community was a small community and building 93 homes, with only one way in and one way out, will result in the roads being unsafe to walk or for children to ride their bikes. She reiterated she has seen the tortoises and bald eagles. Michael (last name inaudible,) 9317 Longmeadow Circle, spoke in support of preserving the land and advised his property abuts Nickels Road. He understood the property was conveyed for a public use, that the land was not for sale and a letter of intent was submitted. He was also aware the City had a 2018 Proclamation for Gophers Tortoises and the subject property is a habitat for them and other wildlife. He urged the City Commission to conduct an analysis. Motion Commissioner Romelus made a motion to move the item up on the agenda. Commissioner Hay seconded the motion but did not want doing so to become a precedent. Mayor Grant suggested moving it from section 6 to before section 7. Darryl Sanders, 2001 NW 2nd Street, asked if there were plans to elevate the stage at Sara Sims and if so, and if prior to June 19, 2021, if it could be delayed until after July due to the Juneteenth event, COVID permitting. He did not want the construction of the stage to interfere with Juneteenth Week. Ms. LaVerriere stated she will get back to Mr. Sanders. Commissioner Hay suggested scheduling it to not interfere. Construction could be delayed to after the event. Preston Smith, 220 SE 2nd Avenue, asked why residents at Town Square are subjected to hearing the church bells and asked why the bells were exempt from the Noise Ordinance. He thought it was free advertising for the church and the bells play church music and jingles. He did not think the City would allow Muslim mosque calls to prayer over a loudspeaker five times a day. He cited a Pew Study indicating two thirds of Americans agree religion was losing its influence on American life, and the number of
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Americans not identifying with religions outgrows all other religious categories. He doubted anyone was relying on church bells to keep track of time. He asked the City Commission to bar the bells or issue a moratorium until a resident survey is conducted. He offered if the Commission thinks the bells should continue based on tradition, there comes a time when outdated traditions need to change. Mayor Grant explained the City has not experienced the train horns at night that are much louder than church bells. Community Standards would check to ensure the decibel levels are within the guidelines. Ramona Young, 101 S. Federal Highway, noted the City recognized Domestic Violence, but thought may have forgotten to recognize it is also Breast Cancer Awareness Month. She announced many have died, struggled and survived breast cancer and thought the City should recognize October is a Pink Month. As to the public speaking into a microphone for Public Audience, droplets can travel more than six feet. She suggested the Commission reconsider people speaking into the microphone without a mask. Mayor Grant pointed out he was wearing a pink tie in honor of Breast Cancer and will work with an organization recognizing breast cancer at the next meeting. As to speaking without a mask, droplets can carry 10 feet. Mayor Grant commented they will ensure the podium is sanitized before and after each speaker. Tory Orr wanted to speak about the stage for the Juneteenth event; he asked if there was a time limit when Wi-Fi would come to Sara Sims Park. John McNally confirmed it was active. Free Wi-Fi was on nine different light poles in the park. Mr. Orr if the public can go to the Carolyn Sims Center to fill out job applications and use the computers when it opens. He noted they have nowhere to go besides the Library for jobs. Ms. LaVerriere will get Mr. Orr the information. 5. Administrative A. Approve the request of Mayor Grant to distribute $250.00 of his Community Support Funds to Pathways to Prosperity. Motion Commissioner Hay moved to approve. Vice Mayor Penserga seconded the motion. The motion unanimously passed. Commissioner Hay wanted to match the contribution. Motion Commissioner Hay so moved. Vice Mayor Penserga seconded the motion. The motion unanimously passed. B. Approve the request of Mayor Grant to distribute $200.00 of his Community Support Funds to Connect to Greatness, Inc.
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Motion Vice Mayor Penserga moved to approve. Commissioner Hay seconded the motion. The motion unanimously passed. C. Appoint eligible members of the community to serve in vacant positions on City advisory boards. There were no applicants. D. Authorize City Commissioners to attend the Florida League of Cities Legislative Conference, including travel and hotel stay, at the Embassy Suites Orlando-Lake Buena Vista South, Kissimmee, FL, on November 12-13, 2020. The Conference will be in-person with an option to participate in meetings remotely. Motion Vice Mayor Penserga so moved. Commissioner Hay seconded the motion. Commissioner Hay wanted to attend the conference virtually and learned he could. Mayor Grant suggested he make arrangements with the City Manager. The motion unanimously passed. 6. Consent Agenda Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. Approve an increase to the estimated expenditure with General GMC to $60,000 due to the increased repairs needed this fiscal year. B. Proposed Resolution No. R20-111 - Adopt the 2020 Flood Mitigation Plan (FMP) Update document that will allow the City residents to continue to be eligible for the current discount on flood insurance premiums. C. Approve the one-year extension for RFPs/Bids and/ or piggybacks for the procurement of services and/or commodities as described in the written report for October 06, 2020 - "Request for Extensions and/or Piggybacks." D. Approve the utilization of the State of Florida Agreement No. 44000000-NASPO-19-ACS for Copiers and Managed Print Services for use by State agencies and other entities located in the State of Florida.
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E. Approve the Country Trail PUD record plat, subject to final signatures by the City Engineer. Mayor Grant pulled this item. Public audience: Roger Saberson, 2740 SW 23rd Cranbrook Drive, advised he has lived at this location for the past 30 years. His property was built in accordance to the Code in 1984 and was permitted by the City. His home abuts the Country Trail PUD property and he expressed his and his neighbors’ homes should be protected in future actions by the City. He advised the development proposal greatly increases flooding on his and his neighbor’s property. He does not want stormwater inside his house. The new homes to be constructed will be constructed on lots that are two feet higher than his property. The project is landlocked and has no drainage outlet resulting in standing water on the site that has to percolate down, or is pushed onto neighboring properties. He noted the City’s pamphlet’s in the water bill speaks about flooding and then he is notified about the proposal to build homes on lots two feet higher. The berm on his property is supposed to slope down towards his property. At the bottom of the berm is a 12-inch deep swale. He asked if the swale was designed to retain flood water from a 100-year storm and was told it was it was not. Mr. Saberson noted if the site imports runoff, the requirement was the swale was to capture the runoff and prevent it from flowing off site. He announced if not correct, the water would run straight to his living room. Mr. Saberson explained the City Engineer also indicated a discharge into his subdivision would add one inch of water to Silver Lake. Another condition was if the proposed site imports runoff in a predevelopment condition, it is required to accommodate the swale in a post developed site and this condition was not compliant. There is some discharge from Silver Lake that goes onto property which has occurred for 30 years, and there is a prescriptive right to continue to do so. The developer should be required to accommodate it in accordance with City required conditions. The developer said the Water Management District permit says they are supposed to retain water on their site. Mayor Grant clarified that was why the City Engineer is overseeing the issue. Mayor Grant advised the issue with the plat is not the overflow, stormwater or retention as it is part of the conditions of approval. They are determining what they already approved, regarding the site plan, which they are required to do, because if they don’t move forward with the permitted use they gave them, the City would be liable. Mr. Saberson thought, in connection with this approval, the City was approving the final plat. Mayor Grant responded they were not approving a final plat because it was subject to the City Engineers study. If the City Engineer determines the plat is not valid, the developer does not get a permit. Mayor Grant asked, if the City Engineer approved a study and approved the permit and it ends up being wrong, if the City was liable. Attorney Cherof responded the City would not be liable if the City Engineer acknowledges that and signs a document that it is platted in accordance with the development orders. Mayor Grant asked regarding
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the engineering study the City Engineer approves that states the 100-year flood is correct, but if flooding is over, if the City still liable and learned they were not. Chapter 2 of Land Development Regulations, specified the City will have no liability. Mr. Saberson asked if the City Commission approved this item saying the City is approving the final plat, and the City Engineer goes back through further study and finds they should have required more for drainage, can he go back and ask the developer to modify the drainage plan or require the property to be replatted and if the City be liable. City Attorney Cherof explained the plat before the Commission is appropriate and is consistent with the development orders. The City Engineer’s signature is required in practice by law and in accordance with Chapter 2 of the Land Development Regulations and the City will have no liability once the City Engineer signs the document. Mr. Sabersen was concerned the City Engineer would not believe he could add additional requirements and therefore must sign it. Mayor Grant reiterated it was at the discretion of the City Engineer. Mr. Saberson requested the City Commission deny the item or postpone it so the City Engineer could exercise discretion and possibly add additional requirements. Annmarie Lonergan explained they had a couple of City Commission meetings pertaining to this development and platting. It is on public record, the engineer who designed the plat, the site plan, the elevation and design, drainage, storm drainage, percolation of site, landscaping and photometrics stated that this design is not engineered and designed for a 100-year flood plain. They also stated the flooding that came off their site, was not the issue. Their site is lower than hers. Ms. Lonergan had a certified survey of her site at 23 Cranbrook Drive, but did not have a survey of the proposed site. Ms. Lonergan contended the City is ignoring that and is pushing its plan forward. She commented the City has stated it could look at the drainage later as they were just addressing the zoning now, that they were only incorporating the property, they were not responsible, they are not engineers, and the staff indicated it was okay. Ms. Lonergan explained staff has an obligation to uphold the Florida Building Code. She asserted officials should be arrested and sent to jail if they do not, and that has happened in many cities in South Florida, because actions taken by city officials caused harm to life, welfare and property, and they are liable. In public forums and public documents, the engineer of record said the project is not designed to current Code. The mitigation of rainwater and storm drainage is public record. None of their water flooded onto her site. There are surveys and certified and licensed individuals that have studied this. She contended the City Commission has chosen time and again to push the item forward with no comments by staff, the engineers who designed it, or public comments that it does not meet Code. It does not meet the published City requirements that are higher than the minimal Code. She has a survey mark at the end of her driveway from a surveyor that the City hired and she cannot tell if it reads NGVD or NAVD. No one on the City Commission understands the terms, is an engineer or is eligible to vote on the matter. She insisted the City Commission is liable. She suggested the best course of action is to push this off to another City Commission meeting and let city staff review. She sent this issue to the State, County, SFWM, LWDD, the Health Department and every other entity she could think of to take a look at it. She would go further and question why the City Commission is disregarding all of the licensed professionals. Years ago, the County only required cities
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to design to a 20-year rain. Ms. Lonergan explained the engineer can go to jail under the City Commission’s tutelage. Ms. Lonergan asked why the City Commission would vote on it if they state they were not qualified to vote on it. Mayor Grant explained the City Commission stated when it first heard the item, it was set for a 25-year flood and not a 100-year flood, and the site plan was changed to reflect a 100-year flood. Condition 14 of the Development Order stated “prior to permitting submit a rectified site plan depicting the changes from the April 2, 2019, City Commission meeting including the expression of the drainage area to wrap the NE corner of the parcel enhancement of the area with additional landscaping including shade and flowering trees.” Prior to permitting, which is not at this stage right now as it is just a recorded plat, they will have to prove that the current design meets the 100-year flood requirements. If not, the developer runs the risk of having to replat because the City will not permit the current site plan unless it meets the Code. Mr. Groff agreed and advised the City has not received the plans, which includes all of the conditions spoken about by the residents. There is nothing to review yet because the permit has not been applied for. If there are changes applied for, the plan has to go back through the process. The conditions are there and they will be met, prior to a permit being issued. Mayor Grant noted residents want to have access to the conditions as soon as possible and if the information can be relayed to the residents. Mr. Groff explained they are all public record and the City has some contact information from some of the residents who have contacted the City. Mr. Groff explained the City Engineer has met with some of the residents and advised the residents would be alerted when the permit is applied for. Mayor Grant advised he received a Public Comment from Louis Rodriguez, 2659 SW 23 rd Cranbrook Drive, about Country Trail. The property was previously considered by the City Commission several times. The property was sold to another developer and plans are being pursued regarding building/demolition, eliminating a pond and regrading the property. Mr. Rodriguez commented dense construction is not typical to the surrounding community and sites that drain onto certain properties on Cranbrook Drive may be affected under major rain events that are common in South Florida. He was not contacted about the impact to his property. He wanted to know more about his rights if there are drainage implications to his property and pool and wanted to know about the fence surrounding the development. There was agreement to add Mr. Rodriguez to the list of residents that to receive conditions imposed by the City Engineer. Mayor Grant read comments from Joe Pike, an engineer, advising that Mr. Pike never stated the project does not meet Code. It met all drainage codes, even at the 25-year event, including the City’s Codes; however, he noted that the development order says to comply with the elevated 100-year criteria as requested by the City Engineer. Motion Commissioner Katz moved to approve. Commissioner Hay seconded the motion. The motion unanimously passed.
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I. Approve minutes from the City Commission meetings on September 8 and September 15, 2020. Motion Commissioner Katz moved to approve the remainder of the Consent Agenda. Commissioner Hay seconded the motion. The motion unanimously passed. 12.B. Discussion and direction by City Commission regarding the Letter of Intent from Mallorca Isles, LLC., regarding the Nickels Blvd property. (Tabled from the September 15, 2020 Commission meeting.) (This item was heard out of order.) Motion Commissioner Hay moved to remove 12.B from the Table. Commissioner Katz seconded the motion. The motion unanimously passed. Mayor Grant again opened public comment. Michael Corcoran, 9317 Longmeadow Circle, explained his parents moved to Boynton Beach. He visited and in 1980 he bought a house. He likes the woods behind his home and the two gopher turtles that come onto his property. He opined there was enough blacktop in the City and the City should maintain the woods. There are endangered species and 57% of relocated gopher tortoises die. He wanted the property to remain as forestland. Elizabeth Roque, Centennial Management, thanked the City Commission for the opportunity to speak to the item. They made a $3.185M offer for the property and had attached a site plan so they can see what they are planning. They would have 39 single-family homes and 52 townhomes, a three-quarter acre preserve area, a recreation area and a lake. The property west of the Nickels property is approximately 10 acres owned by the Palm Beach County Housing Authority which is all wooded. She commented Centennial already has a relationship with Boynton Beach. They are a company that produces and they try to keep the community in mind. Centennial is not only about building affordable housing, as they are getting ready to build 248 townhomes in Homestead and getting ready to build 20 half-acre homes. They like the environment. If they have to take trees down, they would take as few trees as possible and replace the trees. Their requirements to close on the property are much less stringent than Pulte Homes. They could build market rate or workforce housing for teachers and police officers. She reaffirmed how important Boynton Beach is to Centennial. Andres Macksay, Pulte Homes, had a very brief PowerPoint presentation, which he reviewed. Pulte Homes is interested in the property for investments and are also looking at several other opportunities within the city and with the CRA. They want to make a big
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investment in the property. They will purchase the property and fund the construction so they do not rely on tax credits. They have been negotiating with the City. There are deed restrictions on a portion of the property and not all. Consent is needed by Palm Beach County and the Westside Baptist Church. Pulte Homes spoke with both parties and feel they have cleared the way to have a portion or all of the restrictions removed. There is substantial utility work to be done. Water and sewer would be provided by Boynton Beach, but the developer is responsible for installing the water and sewer main extensions to the mall site. They had a purchase and development agreement that was negotiated and approved. They have done their due diligence and they would work with the neighbors to come up with a plan that works that preserves the vegetation and native habitat. Pulte had sent over an amendment to the purchase and development agreement, increasing the purchase price to $2.775M. They will commit to 20% of the homes sold at workforce housing rates, but without the deed restriction so they can receive appreciation. When the contract is signed, they will wire $15K with no contingencies to start the work. He requested the City Commission approve the amendment, and wanted the opportunity to build the project. Commissioner Romelus was glad to see Pulte come back with a higher offer and for the 20% of the units as workforce housing. If all of this was put in writing with the approval of the City Attorney she would make a motion. After that, she would like to direct staff to implement a policy regarding Letters of Intent so they will not have situations like this occur again. Commissioner Hay asked when the last time the property was appraised and thought if it was not appraised, one would be needed before moving forward with this item. It was learned the appraisal was done in 2014, which was old and in need of updating. Vice Mayor Penserga agreed they need a policy in terms of letters of interest. He agreed with Commissioner Hay about the appraisal. He wanted to see the best deal for the residents as possible and would have liked to have seen a proposal from Pulte that exceeded the competition. He was trying to obtain the best revenues. He wanted to ensure, as a condition of approval, the animals would be preserved. He agreed the City owns the property, but the City cannot decide what is built until it goes through the County’s process. He thought there was a creative way to move forward and sought to ensure the funds the project brings in is put back into the environment. He noted the City talked for years about having Quantum Eco Park, one of the largest preserves they have in the City. Quantum Park could become a reality fairly soon. They could make a significant contribution to the park and protect the southern preserve. He wants a better deal, a current appraisal of the property, and the City to take actions that are environmentally positive.
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Mayor Grant agreed. Technically, they are trying to preserve land to preserve other land and he did not think it was a fair exchange. They do not own all the property. The Palm Beach County Housing Authority owns the 10-acre property to the west and they are putting in an application to HUD to dispose. They need to check to see if it is part of the property. The City does not have to sell all 14 acres. They could keep seven acres as a preserve that has not been touched by humans. Mayor Grant did not sign the contract so they are not bound and a Letter of Intent is not the best vehicle to use. Attorney Cherof explained a motion to rescind the resolution of approval would clear the way to consider all other options to deal with the property. Commissioner Romelus commented regardless of the appraisal, the value proposed by both parties was potentially above the appraised value. She did not believe the City was being shortchanged. Vice Mayor Penserga understood it was a legal requirement to have a current appraisal. Attorney Cherof explained the Code says “no such sale shall be conducted or consummated until such time as the subject property has been appraised.” There is a window of opportunity. Vice Mayor Penserga asked how old is too old of an appraisal. City Attorney Cherof noted the Code says it must be an appraiser designated by the City Commission. The 2014 appraisal was not designated by the Commission. Vice Mayor Penserga noted an appraisal does not take that long. Motion Vice Mayor Penserga moved to rescind the approval to obtain a current appraisal and evaluate if the deal in front of them was appropriate. Commissioner Romelus offered an alternate motion to table the item, let the appraisal occur and discuss it at the second meeting in October. Motion Vice Mayor Penserga amended his motion to table the item to obtain an appraisal. Commissioner Hay seconded the motion. City Attorney Cherof commented most of the property conveyed to the City by the county was done a long time ago. Commissioner Hay thought the property would have to be annexed if it was to be part of the City. Attorney Cherof explained it would only be subject to annexation when the property is contiguous to the City. Ms. LaVerriere asked if the City Commission has to designate the appraiser and learned they did. The appraiser the City normally uses is Anderson and Carr and they have a proposal from them. Motion
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Vice Mayor Penserga amended his motion to select the appraiser used by the City. Commissioner Hay seconded the motion. Laura Milligan, 3621 Harlowe Avenue, was aware Pulte has built many homes and there are a lot of other properties that could be considered. The property does have endangered species. She requested the City Commission not rubber stamp the project. The Palm Beach County Housing Authority could also build on the property and the entire forest will be gone. Her children and grandchildren will never have the forest again. She thought the City was building too much and was concerned about climate warming. Attorney Cherof requested clarification the City Commission wants to ensure the appraisal is in hand in advance of the next City Commission meeting. They need a few days before distribution to review the matter. Normally when tabling to the next meeting there is sufficient time to get the appraisal. Mr. Groff explained Anderson and Carr estimated they would need two to three weeks. He thought hearing the matter in November was fine. As soon as the City gets the appraisal, it will be sent to the City Commission and the two parties. Vote The motion unanimously passed. 7. Consent Bids And Purchases Over $100,000 A. Approve the issuance of a purchase order to Advanced Roofing utilizing the City of Sunrise Bid No. 19-17-12-HR in the amount of $224,030.00 to furnish and install a new roofing system for Public Works Administration Building which includes the Warehouse and Fleet Heavy Duty Shop. The City of Sunrise bid satisfies the City's procurement requirements. B. Approve an increase to estimated annual expenditure to Waste Management from $310,000 to $385,000 for the disposal of construction related debris and recycling. C. Proposed Resolution No. R20-112 - Award RFP No. 013-2210-20/RW for thirteen (13) Cardiac Monitors for at a unit price of $37,305.40 totaling $484,970.72, with the option to purchase accessories at a 27% discount off of list pricing and a five (5) year maintenance agreement totaling $88,549.50 to extend beyond the first year warranty, for a contract amount of $573,520.22 and authorize the City Manager to enter into a contract with ZOLL Medical, subject to final negotiation of the terms in the agreement and options.
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D. Approve the one-year extension for RFPs/Bids and/ or piggybacks for the procurement of services and/or commodities as described in the written report for October 06, 2020 - "Request for Extensions and/or Piggybacks Over $100,000." E. Proposed Resolution No. R20-113 - Approve Piggy-Back the Miami-Dade County, Department of Solid Waste Management and Rehrig Pacific Company Agreement with OMNIA, a Purchasing Alliance for Participating Public Agencies for the purchase of Injection Molded Mobile Refuse Containers for an estimated annual amount of $192,000 and authorize the City Manager to sign a piggy-back Agreement. F. Approve the bid award (ITB-RM-20-68) issued by the Town of Davie as Lead Agency for Southeast Agency Florida Governmental Purchasing Cooperative Group for Fertilizer. The City of Boynton Beach was a participating agency in this bid solicitation. Motion Commissioner Katz moved to approve. Commissioner Hay seconded the motion. The motion unanimously passed. 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. 20-031 - Second Reading - Approve Catanzaro Residential Future Land Use Map Amendment from Local Retail Commercial (LRC) to Medium Density Residential (MEDR). City Attorney Cherof read proposed Ordinance No. 20-031 by title only on second reading. Motion Commissioner Katz moved to approve. Commissioner Hay seconded the motion. There were no public comments received. Vote City Clerk Gibson called the roll. The motion passed 5-0.
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Proposed Ordinance No. 20-032 - Second Reading - Approve Catanzaro Residential Rezoning from C-2 Neighborhood Commercial to R-3 Multi-Family Residential. City Attorney Cherof read proposed Ordinance No. 20-032 by title only on second reading. Motion Commissioner Katz moved to approve. Vice Mayor Penserga seconded the motion. There were no public comments. Vote City Clerk Gibson called the roll. The motion was 5-0. B. Proposed Ordinance 20-030 - Second Reading - Adoption of ordinance allowing for virtual city commission meetings by communication media technology. (Tabled from the August 4, 2020 Commission meeting.) Motion Commissioner Hay moved to remove from the table. Vice Mayor Penserga seconded the motion. The motion unanimously passed. City Attorney Cherof read proposed Ordinance No. 20-030 by title only on second reading. There was no public comment. He explained this ordinance was started before the emergency ordinance was enacted last week. All of the conditions of this ordinance will remain and conform to the second ordinance. If adopted, he recommended the City Commission first make a motion to amend it as in the agenda back up document and then approve. Motion Commissioner Hay moved to amend and approve. Commissioner Katz seconded the motion. Vote City Clerk Gibson called the roll. The motion passed 5-0. C. Proposed Ordinance No. 20-034 - First Reading - Approve Legacy at Boynton Beach (REZN 20-001) rezoning subject property from CBD (Central Business District) to MU-C (Mixed-Use Core) with a master plan for 274 multi-family residential units and 12,422 square feet of retail, located at the northeast corner
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of SE 2nd Avenue and Federal Highway. Applicant: Evan Vlaeminck of GCI Acquisitions LLC. (The applicant is requesting to table this item to the October 20, 2020 Commission meeting.) Motion Commissioner Hay moved to table as requested. Commissioner Katz seconded the motion. The motion unanimously passed. Mayor Grant requested to speak with the applicant to see if they could obtain more commercial space. D. Proposed Ordinance No. 20-035 - First Reading - Approve Legacy at Boynton Beach (ABAN 20-009) abandoning a portion of the improved 45 foot wide right-of-way of SE 1st Avenue running east from Federal Highway for a distance of approximately 175 feet. Applicant: Evan Vlaeminck of GCI Acquisitions LLC. (The applicant is requesting to table this item to the October 20, 2020 Commission meeting.) E. Approval of Legacy at Boynton Beach (NW SP 20-003) new site plan application for a mixed-use development consisting of an eight (8)-story building with 274 dwelling units, 12,422 square feet of commercial space, and associated recreational amenities and parking on a 2.76 acre site. Applicant: Evan Vlaeminck, GCI Acquisitions LLC. (The applicant is requesting to table this item to the October 20, 2020 Commission meeting.) 9. City Manager’s Report A. Update on Regulations and Available funds for Plant Memorial Fund Ms. Frederiksen explained the Plant Memorial Fund has $7,233. The Memorial Fund was established in 2000 with a $1,500 donation. It is currently funded on donations by residents. The last sizeable donation was in 2015 for $16,770. The funds must be spent on tree or plant beautification within City limits and all standard procurement rights must be followed when using the fund. Mayor Grant thought some of these funds may have been used as part of Tree City USA to plant trees. Mayor Grant announced he lost his cat and later his dog and wanted to donate. He asked if the City Commission could create a policy as to which park the tree can be planted and set an amount per tree. He suggested $50 or $100 per tree. Mayor Grant explained he did not want people to donate $1 to plant a tree. He wanted a minimum amount and allow the donor to specify which park or median they would like the tree planted. Vice Mayor Penserga thought people would be more likely to donate if they had a say where it would be planted. He noted if someone donated for a tree to be placed in a median, it may not work because there would only be one tree in a median. They would have to wait until funds accrued for an actual project. Mayor Grant agreed and explained he hoped Parks and Recreation could
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say where trees were needed immediately or how much money was needed to fulfill a project. Commissioner Hay supported the idea and thought a $25 donation was fine. If they want to designate the placement, then they should donate more. Volume wise, they would get more funds. Ms. LaVerriere explained they had received a donation and they planted a tree. They will work closely with donors. Mayor Grant explained the City determines where they can plant the trees. If someone made a $25 donation, they can get a certificate. Historically for any amount donated they would work out an appropriate plant. Anyone interested in donating to the fund should contact Matt Doyle, City Landscape Architect. Vice Mayor Penserga noted PBS TV uses a similar fundraising style. B. City Staff to provide the Commission with an update on the status of the Art in Public Places Program including the Kinetic Art Exhibit, the recruitment for Public Arts Manager and the mural installation at Fire Station 1. Kathryn Matos, Assistant City Manager, explained the City has made great progress on the kinetic event and Valerie Zucker and Nicole Lewis of Zucker Lewis Media Group has done an excellent job. They moved the event from February to March 6th and 7th. Nicole Lewis explained they have almost all of the art pads filled and were waiting for a few remaining artists to respond. They are moving on to secure artists for the indoor exhibit and have already received proposals for food, beverage and entertainment for the weekend. They sent out a press release a few weeks ago and the first initial social media post for a Call to Artists. The call was posted on social media as well. Mayor Grant asked, regarding vendors and food trucks, if they contacted the CRA for a list of local vendors. Ms. Lewis explained the Arts Commission was working on it and they already had a list of all the local restaurants in the area. Ms. Matos explained a verbal offer was extended for the Art in Public Places Manager, but the individual backed out. The position was reposted on the City’s website. She gave a shout out to Nicole Blanks, Public Art Assistant, for doing an outstanding job helping the City continue art installations at City Hall, on campus and at the Police Station. The mural for Fire Station No. 1 received 14 responses. After the second round of letters, she received one response indicating the individual did not want to be included in the mural. The mural will remain as originally depicted with the one person who did not want to be included removed. Motion Vice Mayor Penserga moved to approve. Commissioner Katz seconded the motion. The motion unanimously passed. Ms. Matos announced they will have a socially distanced unveiling event and invitations were forthcoming.
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C. City staff to request City Commission to schedule a workshop to discuss revisions to workforce housing ordinance. Ms. LaVerriere explained Mr. Groff was working on this item, and she suggested they hold a workshop in November or early December. Mr. Groff agreed and advised they had a team working on it as there are a lot of ideas. Staff needed input and also found other items in the current ordinance that may help produce the needed housing stock that fit the guidelines. He asked for some type of consensus if the City Commission would like them to bring ideas back quickly. Martin, Sarasota and other counties encourage smaller and less expensive housing units in that range, that count as half a unit in density. Another item was in certain neighborhoods, if the homeowner wanted to build a secondary accessory structure that fits on the lot, they can do so. Mayor Grant was in support of both items. He noted accessory dwelling units, similar to a mini office room would add value to the City. They need to differentiate between a dwelling unit and a shed and somewhere in between. Mr. Groff noted the unit would have to be compatible. Vice Mayor Penserga supported a workshop. There was consensus to move forward on these two items on an expedited basis versus the workforce housing workshop. Commissioner Romelus asked, while rewriting the ordinance, if it put the Commission in a position where applicants could miss out. Mr. Groff explained the developments that provide this type of housing have a longer term. If there was something the City is working on, staff could let the applicants know. It could be built in as a condition of approval when the site plan is approved. City Attorney Cherof explained an applicant is bound by the provisions of the Code that are in place at the time they file their application. The applicant may cooperate that would conform to what the City is evolving to the Code, but correspondingly, the applicant may assert they are only bound by the provisions of the Code in place when they made application. He thought time was of the essence in reaching the amendments the City Commission will want to adopt. Mr. Groff explained it is a priority, but it is contingent on the guidance received at the workshop and from staff. Mayor Grant asked if the workshop could be held virtually and learned it could. The ordinance and emergency ordinance allows the City Commission to meet virtually until December 31st and then thereafter, only by City Commission vote. The workshop would be an interactive workshop. There was agreement to meet the evening of November 12th. Police Transparency on the website: Ms. LaVerriere explained Chief Gregory and Stephanie Slater did a great job putting all of their policies, documents and training regarding police officers on an accessible, easy to read website. Commissioner Romelus thanked Chief Gregory, Ms. Slater and the rest of the department for working to maintain transparency at this time. Chief Gregory gave special kudos to Ms. Slater. Chief Gregory noted they were able to reclassify an existing position October 1 st. They had three Assistant Chief positions. One Assistant Chief retired and the position was vacant. He reviewed the organization and he created a Deputy Police Chief position from
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the Assistant Chief position. He announced he selected Assistant Chief Vanessa Snow to be interim Deputy Chief. He announced Deputy Chief Snow was the Commander of the Support Services Bureau, overseeing investigative divisions and high liability functions of the department. In her 23-year career, she worked on the municipal, county and federal levels. She received her undergraduate degree from the University of Florida and her Juris Doctorate from Nova Southeastern University. She was an FBI Intelligence Analyst and specialized in Domestic Terrorism and Sovereign Citizen Activity. She remains proficient in this knowledge and prior to COVID, spent time travelling around the country instructing and teaching Police Departments about these issues The Commission congratulated her. Interim Deputy Police Chief Snow was present. She thanked Chief Gregory, welcomed the new Deputy Fire Chief and looked forward to working with him. Chief Ray Carter introduced Deputy Chief of Operations Hugh Bruder, which is in the Emergency Response Division of the Department. He has over 35 years of fire rescue service including his time in the Air Force. He spent 27 years with Miami Dade and 10 of those years overseeing divisions and battalions. He brings additional value to the Department with significant input and time as he is a well credentialed and expert in the field of Mental Health for first responders and military personnel. He has worked closely in treating first responders and military personnel with PTSD, severe depression and substance abuse. Mr. Bruder thanked Chief Carter for the introduction. He explained he has spent 40 years living a life of service. He was excited to be here and was happy to be with the City. He wanted to help improve the department and become a model department for other municipalities to follow, especially in the field of mental health training. 10. Unfinished Business - None 11. New Business A. Transportation to the Polls Ms. LaVerriere asked Legal if it would be allowable to use Recreation buses to help residents get to the polls for early voting and learned it was. Transportation would be provided Monday through Friday. The City has a contract with Mae Volen and they spoke with them and they can help. Residents can use the bus if they need special accommodations or transportation to the polls. Mae Volen would provide the transportation twice a day on Mondays, Wednesdays and Fridays and would serve as a call center to arrange a ride. The City would provide transportation on Tuesdays and Thursdays. Ms. LaVerriere will provide further details on October 20 th. Motion
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Vice Mayor Penserga moved to approve a contract with Mae Volen and Recreation and Parks to provide early voting transportation to residents within City limits of Boynton Beach for pick up and drop off at the Ezell Hester early voting site. Commissioner Katz seconded the motion. The motion unanimously passed. 12. Legal A. Proposed Resolution No. R20-093 - Approve and authorize the Mayor to sign documents releasing and creating project easements. (Tabled from the September 15, 2020 Commission meeting.) Attorney Cherof advised this item should remain on the table. It will return with the Commission’s next significant discussion about the Town Square and agreements and disagreements with JKM. B. Discussion and direction by City Commission regarding the Letter of Intent from Mallorca Isles, LLC., regarding the Nickels Blvd property. (Tabled from the September 15, 2020 Commission meeting.) (This item was heard earlier in the meeting.) 13. Future Agenda Items Commissioner Romelus wanted to add an item prohibiting Styrofoam in City buildings. Mayor Grant thought the City had other regulations about other types of plastics. Ms. LaVerriere explained this item would be brought back. A. At the request of Mayor Grant, Human Resources will present information regarding the City's internship program. - October 20, 2020 B. Update on the Town Square Naming Rights Campaign - October 20, 2020. C. Announce the unveiling of the newly established "Tim Howard Excellence in Public Service Award" - October 20, 2020 D. Discuss and consider the development of a public policy relating to the location of monuments on City property - November 4, 2020 E. Discuss the naming of the amphitheater and open space at the new City Hall campus. November 17, 2020 F. Mayor Grant has requested a discussion regarding downtown and future development. - TBD
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G. Vice Mayor Penserga requested a discussion regarding a City Mural Program – TBD 14. Adjournment Motion There being no further business to discuss, Commissioner Romelus moved to adjourn. Commissioner Katz seconded the motion. The motion unanimously passed. The meeting was adjourned at 9:21 p.m.
CITY OF BOYNTON BEACH
___________________________ Mayor - Steven B. Grant __________________________ Vice Mayor – Ty Penserga ___________________________ Commissioner – Justin Katz ___________________________ Commissioner – Woodrow L. Hay ___________________________ Commissioner – Christina Romelus ATTEST:
_______________________________ Crystal Gibson, MMC City Clerk ________________________________ Catherine Cherry Minutes Specialist
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Please be advised that Florida has a broad public records law and all correspondence to me via email
may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore,
your e-mail communication and your e-mail address may be subject to public disclosure.
From:Tom Warnke <trwarnke@hotmail.com>
Sent:Wednesday,October 07, 2020 6:26 PM
To:Grant,Steven<GrantS bbfl.us>; Penserga,Ty<Penser aT@bbfl.us>; Katz,Justin<KatzJr@bbfl.us>;
Hay, Woodrow L.<BAyW@bbfl.us>; Romelus, Christina <Rom lusC@bbfl.us>
Subject: Comments on Nickels Forest property
October 6,2020
Mayor Steven B. Grant
Vice Mayor Ty Penserga
Commissioner Justin Katz
Commissioner Woodrow L. Hay
Commissioner Christina Romelus
City of Boynton Beach
100 E. Ocean Ave.
Boynton Beach, FL 33435
Dear Mayor and Commissioners:
City of Boynton Beach has been a leader in sustainability for many years and has achieved
regional and international recognition as a member of the Southeast Florida Regional Climate
Change Compact and the Global Covenant of Mayors for Climate& Energy. Earlier this year,
City Commission unanimously approved the updated 2020 Climate Action Plan with aggressive,
science-based targets of reducing our community-wide greenhouse gas emissions 50%by 2035
and achieving net zero emissions by 2050. Last month, Commission again unanimously adopted
the goal of planting 45,000 trees over 15 years to increase our tree canopy coverage from 16%to
20%.
As residents and dedicated members of the City's Sustainability Advisory Team, we are
extremely proud of our city's legacy and ongoing commitment to protect the natural world and
address climate change head-on. We write to you today to ask you to please honor this
commitment by rescinding Resolution 20-087 and not sell the Nickels Blvd. property. This
public land, although just outside City limits, is owned by the citizens of Boynton Beach and is
the only remaining forested land anywhere near Boynton Beach that has not been preserved.
The Nickels property is a functional and rare natural area, deserving of protection. Hundreds of
trees flourish there, including more than 100 mature Florida slash pines, home to our resident
bald eagles and a variety of other wildlife. Neighbors report numerous sightings of gopher
tortoises, owls, foxes, and swallow-tail kites.
The rationales for developing the property and thereby doing environmental harm are twofold:
Attachment "B"
1. The citizens of Boynton Beach will benefit from a one-time infusion of cash into the City
coffers.
2. At some point, intervening properties could be annexed by the City and if the Nickels
property is contiguous to the City boundaries, it too could be annexed and increase the
tax base.
We,the Sustainability Advisory Team, counter these arguments:
1. This relatively minor, one-time cash infusion is a band-aid. Forests, on the other hand,
provide habitats for animals, offer watershed protection,prevent soil erosion, and
mitigate climate change.
2. Gross increases in taxes from new households rarely translate into adequate net new
taxes. Extra density results in lower quality of life for current taxpayers. Examples of this
are crowding at the beach and delays entering and exiting I-95. The City of Boynton
Beach has added tens of thousands of residents in the last decade, yet these net tax
revenues have not lowered the millage rate.Nor has the City added/protected green space
during this time period. Studies show that cities with lots of green space have higher
property values which equals higher tax revenues!
Thank you for considering our request.
Sincerely,
Members of the City of Boynton Beach Sustainability Advisory Team:
Michael Fitzpatrick
Lisa Hanley
Alexandra Lolavar,Ph.D.
Ron Lovell
Gillian Luongo
John P. MacFadyen
Danielle McKeon
Susan Oyer
Tom Warnke
SAVE OUR WOODS
Palm Beach County dedicated the use of the Nickels property(the woods to the west side of Nickels Blvd.) for
public purposes when the property was conveyed to the City of Boynton Beach.The land has been referred to as a
future park site. We hereby petition the City of Boynton Beach to honor the deed restriction for the property to be
used for public purposes as a future park and protect our wildlife.
Name Address Phone Number Signature
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Attachment "C"
SAVE OUR WOODS
Palm Beach County dedicated the use of the Nickels property(the woods to the west side of Nickels,-Blvd.) for
public purposes when the property was conveyed to the City of Boynton Beach. The land has been referred to as a
future park site. We hereby petition the City of Boynton Beach to honor the deed restriction for the property to be
used for public purposes as a future park and protect our wildlife.
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SAVE OUR WOODS
Palm Beach County dedicated the use of the Nickels property(the woods to the west side of Nickels Blvd.)for
public purposes when the property was conveyed to the City of Boynton Beach. The land has been referred to as a
future park site. We hereby petition the City of Boynton Beach to honor the deed restriction for the property to be
used for public purposes as a future park and protect our wildlife.
Name Address Phone Number Signature
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i ub[icpurePa(m Beach County dedicated the use of the Nickels PrOPertY(the woods to theWhenthePropertywasconveyedtothe west side of NickelsffuitaBlvd.)for4*gte.We hereb City Of Boynton Beach.The land has been referred to as aYPetitiontheMYOfBoyntonBeachtohonorusedforPubhcpurposesasafutureParkandprotectthedeedrestrictionforthePropertytobeOurWildlife.
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