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Minutes 12-01-20 Minutes of the City Commission Meeting Held Online Via the GoToWebinar Platform Boynton Beach, Florida On Tuesday, December 1, 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 Openings A. Call to Order- Mayor Steven B. Grant Mayor Grant called the meeting at 5:33 p.m. John McNally, ITS Director, reviewed how the meeting would proceed and how the public could participate. Invocation by Rabbi Dr. Solomon Rothstein, Police Chaplain Rabbi Dr. Solomon Rothstein gave the invocation. Pledge of Allegiance to the Flag led by Commissioner Christina 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 wanted to make an announcement regarding the MLK Committee as Item 3.C. 2. Adoption Motion Commissioner Katz moved to approve as amended. Commissioner Romelus seconded the motion. The motion unanimously passed. Meeting Minutes City Commission Boynton Beach, Florida December 1, 2020 2. Other A. Informational items by Members of the City Commission Commissioner Katz spoke with Davis Camalier regarding his property on Federal Highway and Boynton Beach Boulevard. He met with Bill Morris and his representatives regarding CRA owned property on the west side of Federal Highway and Boynton Beach Boulevard. He announced he will attend the Lighting Ceremony after the meeting. Commissioner Hay had no disclosures, but advised he would attend the Lighting on Ocean Avenue. Commissioner Romelus had no disclosures and hoped all had a Happy Thanksgiving. Vice Mayor Penserga had no disclosures. Mayor Grant disclosed he attended the National League of Cities Virtual Conference November 18th to the 21St. He noted President-Elect Biden was there and he committed to working with cities. He attended environmental seminars and hoped to have a presentation at the next meeting and he attended the Fire Station No. 1 Mural unveiling. On the 23rd, he attended the General Employees' Pension meeting, noted the expected rate of return for the pension was 6.9%, which was under the City's guaranteed rate of 7% for the DROP, which will affect next year's budget. He noted the City will have to make up the difference. On the 24th, he went to the Delray Beach Chamber of Commerce Legislative Luncheon and met with new State Representative Omani Hardy and Mike Caruso, Kelly Skidmore, Rick Roth and State Senator Tina Polsky. He noted some Representatives already have agendas still open. He hoped to speak about it at the next meeting of the first meeting in January, but there are different ways for the Legislature to write bills in favor of cities. He hoped all had a safe Thanksgiving and all would shop locally. He cautioned residents may have opened their bubble to others, so he requested all be mindful of one another during the Holiday Season. Today was the coldest day since March and people may be starting to get sick and they need to be safe and healthy. He attended a Zoom meeting celebrating the one-year anniversary of Boynton's Sister City in Farindola, Italy and attended a dune restoration event. He worked with the Institute for Regional Conservation to plant over 200 plants in the dunes to restore biodiversity. In six months to a year, the plantings will grow above the sea oats. 3. Announcements, Community and Special Events and Presentations A. Announce Pearl Harbor Remembrance Day Ceremony being held at Tom Kaiser, USN, Boynton Beach Veterans Memorial Park on Monday, December 7th, at 12:00 PM. CDC guidelines will be followed. Mayor Grant announced the event. 2 Meeting Minutes City Commission Boynton Beach, Florida December 1, 2020 B. Announce the lighting of Downtown Boynton on Tuesday, December 1, 2020 immediately after the City Commission meeting in front of City Hall. Mayor Grant announced the event. He thought the CRA was holding something at Dewey Park subsequent to the lighting in front of City Hall. C. MLK Task Force Mayor Grant requested Ms. Krusell contact the prior MLK Task Force to decide what they want to do for the event next month, whether it is a CDC socially distanced gathering or a drive through. He hoped they would find partners for the community event. 4. Public Audience Individual Speakers Will Be Limited toThree-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) Chris Nordstrom, 1059 Grove Park Circle, wanted to assist the Mayor this month with some of his initiatives such as the digital divide in the City, environmental beautification, economic development and creating a career pathway. He provided his contact information. Alexandria Wilson, 2040 NW 2nd Court, noted the death of an ATV driver last week. A few years ago, she asked the City what they would do to make it safe for ATV drivers and was told they would do something with Delray Beach. She asked if they would build a facility and requested an update. Mayor Grant was saddened to hear about the death of the ATV driver as he did not hear about it. He advised the City Commission will request information from the Police Chief at the next meeting, including dirt bikes, the current rules and how to enforce them. No one else coming forward, Public Audience was closed. 5. Administrative A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. Mayor Grant announced the openings. There were no applicants. 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 3 Meeting Minutes City Commission Boynton Beach, Florida December 1, 2020 all of the accompanying material to become a part of the Public Record and subject to staff comments A. Legal Expenses - October, 2020 - Information at the request of the City Commission. No action required. B. Proposed Resolution No. R20-131 - Authorize the Mayor to sign all documents associated with the acceptance and grant agreement for the Edward Byrne Memorial Justice Assistance Grant (JAG) subject to the approval of the City Attorney. C. Proposed Resolution No. R20-132 - Releasing the Declaration of Unity of Title for Habitat for Humanity of South Palm Beach County (a.k.a. HFH) to allow establishment of individual parcels and property control numbers for each of the two duplex units and satisfy lending requirements. Applicant: Jeffrey Fengler, Habitat for Humanity of S. Palm Beach County. D. Proposed Resolution No. R20-133 - Approving the Declaration of Unity of Control for the property constructed with a duplex by Habitat for Humanity of South Palm Beach County (a.k.a. HFH), as required to satisfy lending requirements. Applicant: Jeffrey Fengler, Habitat for Humanity of S. Palm Beach County. E. Approve the one-year extension for RFPs/Bids and/ or piggy-backs for the procurement of services and/or commodities as described in the written report for December 1, 2020- "Request for Extensions and/or Piggybacks." F. Proposed Resolution No. R20-134 - Authorize the Mayor to sign an Interlocal Agreement between the City and CRA for the funding of the Tree Canopy Coverage Project. Mayor Grant pulled item F and commented he spoke with Rebecca Harvey, Sustainability Coordinator, to find out what was occurring. Ms. Harvey explained the Interlocal Agreement is that the CRA approved the agreement and allocated $60,650 for tree canopies in the CRA area. This follows up on the Resolution passed on September 1st to adopt tree canopy goals to increase the canopies, which entails planting 3,000 trees. They plan to split the funding half to the Public Works Department to plant in the medians, along streets and targeted areas in the CRA District, and the other half to the Sustainability Office to plant in open spaces in parks and creating and planting smaller trees than the Code requires on medians and streets. They can plant 300 to 400 trees with the funds and the Public Works Department will plant larger trees on streets with about 80 to 100 trees. The Departments will pay to plant the trees because the CRA can only cover the cost of the trees. The Sustainability Office will procure the vendors to plant the trees, organize the events and request reimbursement from the CRA when finished. Mayor Grant noted they are using some funds to buy mature trees for medians. Certain 4 Meeting Minutes City Commission Boynton Beach, Florida December 1, 2020 parks can have a lot more trees because they will be saplings. Mayor Grant asked if they could have a fruit forest and requested feedback from the City Commission. Commissioner Romelus asked if the trees would be accessible to the public and learned they would. Commissioners Romelus and Hay supported the fruit forest. The City Commission will provide direction to create a fruit forest in parks. Ms. Harvey clarified the trees in the various parks will still be 15-gallon trees which are nine or 10 feet. The hope is that there would be a mixture of mature and non-mature trees for the canopies. Motion Commissioner Hay moved to approve. Commissioner Katz seconded the motion. The motion unanimously passed. G. Approve minutes from the City Commission meeting on November 4, 2020 Motion Commissioner Hay moved to approve the remainder of the Consent Agenda. Commissioner Katz seconded the motion. The motion unanimously passed. 7. Consent Bids and Purchases Over $100,000 A. Approve the purchase of twenty-five (25) replacement vehicles as approved in the fiscal year 20/21 fleet replacement budget in the estimated amount of $762,708 by utilizing the following contract: Florida Sheriffs Association, FSA20- VEL 28.0. The Florida Sheriffs Association contract satisfies the City's procurement requirements. Commissioner Romelus inquired about the vehicles that were being replaced and prior options. In the past, the City had given a vehicle to South Tech. Lori LaVerriere, City Manager, explained they are selling the vehicles at auction. They could reach out to South Tech. She believed the program was halted and she offered to inquire every year before auction about the programs. Mayor Grant thought they should extend an offer to high schools with automotive programs as well and pointed out South Tech also teaches Marine. He requested if the City had any equipment to help advance local school and non-profit programs, that they do so. Commissioner Romelus thanked the City Commission for the vehicle donation, noting it was Giving Tuesday. Motion Commissioner Katz moved to approve. Commissioner Hay seconded the motion. The motion unanimously passed. 5 Meeting Minutes City Commission Boynton Beach, Florida December 1, 2020 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. 20-039 - Second Reading - Approve Wells Landing North Rezoning from C-2, Neighborhood Commercial and R-2, Single-and Two-Family Residential to MU-1, Mixed-Use 1, with a master plan for 24 multi-family units and 8,530 square feet of commercial. Applicant: Elizabeth Roque/Wells Landing Apartments LLC Attorney Cherof read proposed Ordinance No. 20-039 by title only on second reading. Motion Commissioner Katz moved to approve. Vice Mayor Penserga seconded the motion. There were no comments received. Vote City Clerk Gibson called the roll. The vote was 5-0. B. Approve Wells Landing North (NW SP 20-004) for a mixed-use development consisting of a three (3)-story building with 24 affordable housing dwelling units, 8,530 square feet of commercial space, associated parking and related site improvements on a 1.23-acre site. Applicant: Elizabeth Roque, Wells Landing Apartments LLC. (Tabled from the November 4, 2020 Commission meeting.) Mayor Grant presented the above item. Motion Commissioner Katz moved to approve. Commissioner Hay seconded the motion. Mayor Grant noted the minutes referenced someone asking if Centennial Management LLC would have job and career fairs. Brian Herbert and Elizabeth Roque of Centennial Management were not in attendance. Mayor Grant believed they would, but would get confirmation at the next meeting. Vote The motion unanimously passed. 6 Meeting Minutes City Commission Boynton Beach, Florida December 1, 2020 B. Proposed Ordinance No. 20-043 - Second Reading - Request for abandonment of a portion of the SW 6th Street right-of-way consisting of a portion of the unimproved swale abutting the east lot line of the subject property located at 704 SW 25th Avenue (ABAN 20-010). Attorney Cherof read proposed Ordinance No. 20-043 by title only on second reading. Motion Commissioner Katz moved to approve. Commissioner Hay seconded the motion. Mayor Grant received an email from a nearby resident attaching pictures of flooding and also received several comments from residents on Chapel Hill that the flooding was getting worse. He was not willing to move forward on this item because they cannot allow construction if they are not retaining the water on their property. He thought the Commission needed to ensure the swale area holds the water and until Engineering can make sure it would not be an issue he would not vote. Motion Commissioner Katz withdrew his motion and moved to table. He requested the other Commissioners receive a copy of the email the Mayor received. Mayor Grant agreed to share it with the City Manager and Assistant City Manager Colin Groff. Commissioner Romelus seconded the motion. Commissioner Romelus explained she was working in the background with Ms. LaVerriere and Mr. Groff regarding Chapel Hill, Lake Boynton Estates and other communities facing major water issues during rain events. She wanted to work with the City Commission and staff to create a long-term plan to improve these communities. Commissioner Hay requested they include NW 1St Street in the study. Motion Commissioner Katz moved to approve. Commissioner Hay seconded the motion. The motion unanimously passed. Mayor Grant noted flooding in the northeast area, north of Miner Road. He thought this was indicative of how climate change affects Florida with King tides, excess building and not enough trees and if the City was trying to be a sustainable city, they needed to be more cognizant of environmental aspects when they lose green space or trees. 9. City Manager's Report - None 10. Unfinished Business - None 7 Meeting Minutes City Commission Boynton Beach, Florida December 1, 2020 11. New Business A. Review and action on Annual Performance Evaluation for the City Manager. Julie Oldbury, Director of Human Resources and Risk Management, explained that each year the City Commission has the ability to review the performance of the City Manager. She sent out evaluation forms, which were returned and included in the back-up. Mayor Grant thought experiencing a pandemic was not possible, but acknowledged one had occurred. Citizens must realize the realities of infectious disease and they have to plan. He announced the City Manager followed the Palm Beach County guidelines. Mayor Grant advised he had suggested instituting a curfew because they did not need to declare a state of emergency, but they had to create urgency due to the disconnect on the federal, state and county levels regarding masks and the lack of consistent direction. He thought it was difficult when the City Commission did not have the best information to move forward and there were a lot of missed opportunities to move forward with the City's Centennial year events. He thought it was tough to give someone wonderful remarks when wonderful things did not happen and commented the Commissioners have their own level of participation as elected officials. He wanted to be a more hands-on Mayor getting involved with the schools, non-profits, the businesses and answering the residents. Then they received information that City staff and the departments should direct everything to the City Manager or her office, which he thought was the correct procedure, as the Commission does not need to give department heads two different directions to move towards. He thought there was not enough information about how the City Manager interacts with all the City departments, which he listed. He suggested the City Commission develop a unified level of reporting from the City Manager to the different departments so they will know what is occurring and what will occur. Mayor Grant noted the City has a meeting on the Strategic Plan once a year and he requested receiving quarterly or biannual reports with these departments. He also thought the City Commission needed to do a better job with the budget. Eleanor Krusell, Public Communications and Marketing Director, showed him an old newsletter before Funfare Magazine was created when the City would provide news stories, activities and businesses, which he thought the Commission may want to revisit in the future. They used to have a videographer before social media. He inquired if that was something they would want to consider funding to give the best content they can. He thought the City Commission needed to do more than having once-a-year meetings on strategic planning to show how they are sailing the ship. After discussing the matter with the City Manager, she was fine with the General Employees receiving raises above 2%, but he thought they should have a discussion how they get the reporting from all the different departments on a regular basis to see how many permits are in the queue and how many have been issued and how the employees are being proactive. 8 Meeting Minutes City Commission Boynton Beach, Florida December 1, 2020 Commissioner Katz commented the City Manager does a fine job, but he was not a big fan of these evaluations. In general, he thought the City has a high-quality City Manager and there were some unprecedented events, which the City navigated resulting in the City being relatively untouched. He saw newspaper reports from other County municipalities that had to trim deeper, which the City really did not have to do. There were other man-made issues that occurred during the year, and seeing the pandemic in general and crisis management, he learned a lot. He thought the City Manager moved swiftly and aptly and he appreciated her efforts. He supported Mayor Grant's comments about a discussion of some sort of unified reporting, although he had no complaints, but thought it was a good idea. Commissioner Hay agreed with the comments. He thought he has seen it on both sides and he appreciated a balanced budget and the way Ms. LaVerriere handles crisis. She has a passion for the City and she handles matters professionally. A discussion or workshop would be beneficial about the issues Mayor Grant referenced. He talked with other City Managers about issues they have, and Boynton Beach does not have those issues, which he attributed to the City's approach for problem solving. They are the third largest municipality in the County, but when looking at the issues that arise, it is low and it is from good management. He agreed with the comments with the discussion in the future. Vice Mayor Penserga spoke to Ms. LaVerriere and had their evaluation conference. He praised her where well deserved and what they did with the pandemic was well executed. He discussed with her where to get testing sites and he could not be happier with the City Manager and other managers on staff. He wanted to talk more about the reporting issues. They do provide a standard City Manager's report which was sporadic. He wanted to discuss a unified reporting system, which was a long-term goal of his. His biggest concern is today, the City has Ms. LaVerriere who is excellent as a city manager, but they will not have her forever and down the road, they may have staff that gives a somewhat acceptable level of performance. He wanted as much information as possible to help give them oversight to avoid problems before they start. If they do not know what is occurring, they cannot gauge the situation. In the future, he supported more information to have better oversight to catch things early. Commissioner Romelus explained she and Ms. LaVerriere got to know one another over the years. This past year, she recognized Ms. LaVerriere was a strong well-rounded leader, and in the midst of the storm, Ms. LaVerriere stepped up and asked for help when needed. All are imperfect human beings and she admitted when they needed help and how to implement a plan to improve situations. She supported succession plans and commented good operations stem from leaders at the top. She commended Ms. LaVerriere for the work she did this year and she thanked Ms. LaVerriere and City staff for all they do. The City is at a pinnacle of development in terms of a clean budget and growth and has set a vision where it wanted to go. There is always room for improvement and they know where they can improve based on feedback from the City Commission and the public. 9 Meeting Minutes City Commission Boynton Beach, Florida December 1, 2020 Ms. LaVerriere explained the reason why the City is successful is because of the team, staff and continuous, honest feedback. She announced her feelings would not be hurt if someone was unhappy with something that has happened. She encouraged all to keep the communication open because her job and passion is to do the best job she could for the City. She could not be prouder this year of the City's response to the pandemic and what it has done to the City in terms of reflection and the norms. The City's staff and team has been incredible in its ability to react, respond, change, improvise, rethink processes and continue services. They are fantastic and they are aware of areas that need to be improved. There will be a dashboard created, hopefully within a year, to enable the Commission to have all the data and reporting at their fingertips, which they are currently working on collecting and collating the information. The team holds each other up and supports one another. She loves her job and seeing the City transform. She urged all to keep the communication open. She is there to serve and they have a dedicated team of professionals. Motion Commissioner Hay moved to renew the contract with a 2% raise. Vice Mayor Penserga seconded the motion. The motion unanimously passed. 12. Legal - None 13. Future Agenda Items A. Discuss attainable housing options for future development in Boynton Beach. - December 15, 2020 B. ILA for Women's Club transfer to the City - December 15, 2020 C. Staff to provide Executive Summary of discussion on polystyrene foam waste reduction options that were discussed during at the November 17, 2020 City Commission meeting. - December 15, 2020 D. Recommendations from the Recreation & Parks Advisory Board for the naming of City facilities in the downtown/town square area will be presented to the City Commission for approval - December 15, 2020 E. Mayor Grant requested information on the water quality of canal systems within the City. - January 2021 F. ILA for Sara Sims Park Pavilion Improvements - February 2021 G. Vice Mayor Penserga requested a discussion regarding a City Mural Program - TBD 10 Meeting Minutes City Commission Boynton Beach, Florida December 1, 2020 H. Discussion on funding for expanding Wi-Fi to City parks. - TBD I. Discussion of LOI process for sale of city land - TBD J. 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 of SE 2nd Avenue and Federal Highway. Applicant: Evan Vlaeminck of GCI Acquisitions LLC. - TBD K. 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. - TBD L. 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. - TBD 14. Adjournment Mayor Grant wanted the Commission to have a discussion of ATVs and what the City is doing for them and for recreational activities. Commissioner Katz requested a report from the Police Department. He did not support fostering ATVs in the City as all-terrain vehicles and thought off-road vehicles should not be used on roads. He thought the safest thing the City could do is to encourage safe and legal use only on appropriate terrain. Mayor Grant advised they would hear from the Police Chief. Ms. LaVerriere reminded all the Lighting will take place at the Kapok Tree at 7:00 p.m. Mr. McNally explained how the public could access the meeting. There being no further business to discuss, Mayor Grant adjourned the meeting at 6:37 p.m. 11 Meeting Minutes City Commission Boynton Beach, Florida December 1, 2020 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 (1a4LiA-iM.L(ii)A1 -•( - Catherine Cherry Minutes Specialist 12