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Minutes 01-05-21 Minutes of the City Commission Meeting Held Online Via the GoToWebinar Platform and In-Person at the City Hall Commission Chambers 100 E. Ocean Avenue, Boynton Beach, Florida On Tuesday, January 5, 2021, 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 Tammy Stanzione, Deputy City Clerk Woodrow L. Hay, Commissioner Christina L. Romelus, Commissioner 1. Openings A. Call to Order - Mayor Steven B. Grant Mayor Grant called the meeting to order at 5:31 p.m. Alan Karjalainen, Web Design Coordinator ITS, explained how the online meeting would proceed and how the public could participate. Invocation The Invocation was given by Vice Mayor Ty Penserga. Pledge of Allegiance Vice Mayor Ty Penserga led the Pledge of Allegiance to the Flag. Roll Call Deputy City Clerk Tammy Stanzione called the roll. A quorum was present. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Grant added an announcement of new employees under the City Manager's Report. He added that there are events going on in the City, including the Crowns and Swords exhibition, the food distribution and a reading log challenge at the library. 2. Adoption Motion Meeting Minutes City Commission Boynton Beach, Florida January 5, 2021 Commissioner Hay moved to approve as amended. Commissioner Katz seconded the motion. The motion unanimously passed. 1. Other A. Informational items by Members of the City Commission Commissioner Katz wished everyone a Happy New Year. Commissioner Hay also wished everyone a Happy New Year. Commissioner Romelus disclosed that she spoke with Steve Scaggs, owner of Two Georges Restaurant and spoke with Jim Knight and Bonnie Miskel regarding the project that is on the agenda tonight. Commissioner Romelus also announced that she attended the DBC (Downtown Boynton Coalition) meeting headed by Kim Kelly. Vice Mayor Penserga disclosed that he spoke with Bonnie Miskel, Steve Scaggs, Jim Knight and attended the second half of the DBC meeting. He said his prayers are with those who were affected, the victims and the families of the recent gun violence in the City during the holiday season. Gun violence has no place in our City or any city for that matter. Mayor Grant announced on December 16th he attended the Mayors Call led by Mayor Scott Singer of Boca Raton, December 17th attended the Transportation Planning Agency meeting, also the utility luncheon and Pio Pio virtual ribbon cutting. On December 18th, he spoke with Clinton Forbes, Director of Palm Tran about how to better utilize the funding for the Palm Tran connection. December 19th, he attended an MMA fight at Museum 66 spoke with the promoter there and showed him around the new downtown. Attended a meeting with Hatzalah, a non-profit for emergency service organization. On December 31st, played golf with John Markey and Jeff Johnson of JKM Developers. On January 4th, he attended the Downtown Business Coalition for a Better Brighter Boynton Beach. Spoke with Steve Scaggs, Jim Knight, Betty Dingam, and Bonnie Miskel regarding the Legacy project. 2. Announcements, Community and Special Events and Presentations A. Proclaim January 12, 2021 as Haitian Earthquake Memorial Day. Jane Marcel accepted the proclamation. Ms. Marcel shared her experience of the earthquake and thanked the Commission and the City for their support. Commissioner Romelus thanked the Mayor and the Commission for their continuous support of Haiti. JJ, a survivor of the earthquake, came to America shortly after the Meeting Minutes City Commission Boynton Beach, Florida January 5, 2021 earthquake. JJ has just graduated from Florida State University. She is just one of the millions of examples of the Haitian community and the Hattian people and their acts of bravery and strength. Commissioner Romelus requested a proclamation for next January 1st for Haitian Independence Day. Commissioner Hay commented that he is honored to be part of this and supports it whole heartedly. He also noted that January 1st is Emancipation Proclamation Day. B. Proclaim Monday, January 18, 2021 as Martin Luther King Jr. Day. Alexandria Wilson, on behalf of MLK Committee, thanked Mayor Grant and the City Commission for recognizing Dr. Martin Luther King and asked that everyone on January 18th go out and spread love and unity throughout Boynton Beach. C. Announcement by Eleanor Krusell, Public Communications and Marketing Director, regarding the 2021 Reverend Dr. Martin Luther King, Jr. Celebration. Eleanor Krusell, Public Communications and Marketing Director, commented that although we cannot celebrate Reverend Dr. Martin Luther King, Jr day as we originally planned on a large-scale event at Sara Sims Park this year, the MLK Committee came up with four initiatives for 2021. The first is to expand its community award. In the past, we have given awards in the categories of business, individuals, and non-profit. This year the committee has decided to add two categories: Educator of the Year and Youth of the Year. These will be announced on Facebook on MLK Day on January 18th and in addition we will highlight those who were nominated as well. The second initiative that they determined would be an educational program that will be provided through our City library. In addition, history showcase will be displayed in our library. We will be distributing complimentary children's books about MLK through our local vendor Pyramid Bookstore. The Committee will also work with the local schools to encourage educational components within their current curriculum. Lastly, we will be increasing our marketing efforts and a new initiative this year includes two 1-95 billboards and four digital marquees. Also, mark your calendars six months in advance for the I Have a Dream Unity Event at Sara Sims Park on Saturday August 28th and the MLK Committee and subcommittee will be planning this event after MLK Day. D. Announce Feeding South Florida Food Distribution Drive-Thru Events at the Ezell Hester Center, 1901 N. Seacrest Blvd., in January on the 7th, 14th, and 21st, 2021 starting at 8am. There will be approximately 500 food vouchers available on a 1st come, 1st served while food supplies last at each event. Volunteer opportunities are available. Anyone interested in volunteering must register at www.volunteer.feedingsouthflorida.org Mayor Grant noted that in addition, we are going to have a new event on Thursday called Crowns and Swords at our new City Hall. It will showcase of some of the new activities at the Arts and Cultural Center, including chess and fencing. The library has started our Meeting Minutes City Commission Boynton Beach, Florida January 5, 2021 adult reading challenge to read ten books between now and the end of March. Anyone who would like to participate can pick up the program at the library. 3. Public Audience Individual Speakers Will Be Limited To 3 Minute Presentations(at the discretion of the Chair,this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) !mon Karim, 214 NE 3rd Street, the founder of ABPAC (American Bangladesh Public Affairs Committee), commented that ABPAC took the initiative to decorate Sara Sims Park and looks forward to doing it again at a greater scale in the future. Invited the City, Mayor and the Commission to join them at the third annual International Mother Language Day. International Mother Language day is held on every February 21st. It is a day to recognize all those who have fought to protect and keep their mother language. In 2000, NESCO made it official that no country has the right to discriminate against someone that speaks a different language. Would like to have the monument short Menorah placed at the park a week before and up to the week after. Awards will be handed out to language art teachers at the event on February 21st Vice Mayor Penserga asked Mr. Karim to describe the statue to the Commission and inquired if it is temporary and mobile. Mr. Karim responded it is an international statue that has been designed and implemented in Bangladesh. The statue is made out of wood and will be fastened to the ground to prevent it from moving. He explained it is a temporary statue that he will place and remove. The statue will be located to the left side of the amphitheater for those who want to come and reflect. Mayor Grant stated that he has no objections of the statue being displayed for the two weeks provided that there is insurance. Mr. Karim responded insurance is in place and the City is listed as an additional insured and has already been given to Ms. Mary regarding the event. City Manager Lori LaVerriere asked for staff to have the opportunity to review the insurance for liability and safety purposes in terms of storm related issues or stability. This will be considered as part of the application for the special event. Commissioner Katz inquired if there is an open topic that City staff is going to get back to the Commission regarding monuments or structures at public facilities. Mayor Grant responded yes, yet this is temporary so this is not going to be permanent, similar to a Christmas Tree; it is only there for two weeks. Commissioner Katz inquired if the City has any existing policies that describes or allows for individuals or individual parties to erect temporary structures on government property. Mayor Grant told Commissioner Katz that he is welcomed to object. Commissioner Katz replied that he is not objecting, he is just asking if there are any existing rules and if not, it should be part of the discussion of temporary and permanent structures. Temporary or otherwise if there are no rules then Meeting Minutes City Commission Boynton Beach, Florida January 5, 2021 that means that anyone can do anything they want. He asked if it would be bias to accept or reject any one request on a case-by-case basis. Commissioner Hay stated that he does not have any objections either. His understanding is that the policy is with Legal who will bring back a report on their findings to the Commission and at that time there will be a discussion on what is and is not allowed. Commissioner Katz stated he is not against this. There should be a policy in place just to avoid what happened in Boca Raton a couple of years ago where an anarchist type symbol was placed on public property to prove that the rules should exist. Kim Kelly, owner of Hurricane Alley and Coordinator of the Downtown Business Coalition (DBC), commented that she remembers the earthquake in Haiti. She has eight employees that are from Haiti and still have family there. She thanked Commissioner Romelus for bringing this forward with a proclamation. She then gave an update on the progress of the DBC. The DBC would like to put together an event in the next few months that will have tastings of the local restaurants. Would like to have support of the CRA and the City to promote downtown Boynton Beach. Asked that the City keeps the lights up at Dewey Park year-round. She expressed thanks for all the support they have been getting. She said we do not have a chamber of commerce or a downtown authority, so we are trying to step in help out. Mayor Grant inquired about extending the light contract until Easter. City Manager LaVerriere commented that the contract is through the CRA and she will check with Mike Simon. Mayor Grant informed Ms. Kelly that Ocean Avenue is a City owned street and it should be no problem to shut it down for their event. Commissioner Romelus commented that she would like to correct the record. Technically we still have a chamber that merged with the Boca Chamber so that is still a partnership that is present and active. Members of the business community can still participate there. Margaret Newton thanked the City and the Marketing Department for the beautiful Kwanzaa display. Sandra Harvey stated she was excited about the great things that are going on in the City of Boynton Beach; however, she is concerned about the recent violence that needs to addressed as it effects the entire City. She asked that a meet and greet with the police department be put together. Mayor Grant thanked Ms. Harvey for her input and concern. He said we have a neighborhood officer program and hopefully the CRA will be able to enhance police effort. Vice Mayor Penserga commented that gun violence is something that troubles him; mass shootings are always in the back of his mind. He would also like to state that gun violence comes from many places, obviously some can be domestic. He is hearing that lot of the individuals are coming in from other cities and meeting up in Boynton is one of the biggest Meeting Minutes City Commission Boynton Beach, Florida January 5, 2021 problems. Would like to know if the City is working with other police departments and what kind of progress is being made. If we inherit other cities' problems, it is not helping anybody. He is aware that there was an unpermitted event that took place during the holidays. He would like to see more clamping down on these large scaled events that are not permitted. He expressed that he feels this may have prevented some of the people coming to Boynton. Vanessa Belmonte said she is moving to Boynton Beach on January 13th and is very excited about joining the community. Would like to see more greenspace in downtown Boynton instead of another condominium. She is joining the DBC and would like to see an extension on the zoning decision for the Legacy project. Dr. Stephanie Hadden-Adeyemo, 2181 SW 15th Avenue, condo N102, said the City has a lot of concrete and she would also like to see more greenspace and wants to build communities and not concrete jungles. Commissioner Katz clarified that the item that is on the agenda later is privately owned property and it is a private developer with land coming to the City. He said he wanted to make sure everyone was clear on the fact that it is private property. Bernard Wright, President of the Community Review Board, CEO of Bernard Wright Ministries, Realtalk Radio, Robert E. Wells Foundation, commented that the City should have been prepared for the event that took place at Sara Sims Park; it happens every Christmas and New Year's Eve. We do need to come around the table: The Mayor, the Chief of Police, financial advisors, David Scott, everyone else, to curb gun violence. Inside our community there are things we can do for preventive measures. Control the gun violence in District 2. Michael LaBonte, 214 NE 3rd Street, introduced his local security camera business. 4. Administrative A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. Commissioner Katz nominated Ms. Wilkinson for a voting student member on Education and Youth advisory. Seconded by Vice Mayor Penserga. The motion unanimously passed. Mayor Grant tabled his appointment of a member to the library to the January 19th meeting. Commissioner Romelus moved to approve. Commissioner Hay seconded the motion. The motion unanimously passed. Mayor Grant nominated Victor Gaud for the Recreation and Parks Board. Commissioner Katz seconded the motion. The motion unanimously passed. Meeting Minutes City Commission Boynton Beach, Florida January 5, 2021 Commissioner Katz, tabled his appointment to the Recreation and Parks Board until the next meeting. Mayor Grant asked to remove from the table his nomination to appoint Sarah Brown to the Library Board. Commissioner Katz seconded the motion. The motion unanimously passed. Mayor Grant nominated Sarah Brown to the Library Board. Commissioner Romelus second the nomination. The motion unanimously passed. Commissioner Katz nominated Joel Barsky to the Recreation and Parks Board. Commissioner Hay seconded. The motion unanimously passed. Vice Mayor Penserga, asked staff to advertise open positions on the advisory boards. Would like to see a greater pool of applicants. Commissioner Hay was under the impression this was already being done. Asked the City Manager to comment on this. City Manager LaVerriere responded that the vacancies and openings on the boards are listed in the monthly newsletter. We also use every platform available to put this information out to the public. B. Approve the request of Mayor Grant to distribute $200.00 of his Community Support Funds to the Boynton Beach Garden Club. Motion Vice Mayor Penserga moved to approve. Commissioner Katz seconded the motion. The motion unanimously passed. C. Authorize City Commissioners to attend the National League of Cities Congressional City Conference from March 7-10, 2021. The Conference will be online. Mayor Grant, Vice Mayor Penserga, Commissioner Romelus and Commissioner Katz said they will not be attending the Conference. Commissioner Hay inquired about the fee of the conference. Mayor Grant responded that there is an early bird fee of ninety-nine dollars until January 15th; after that the fee will be hundred and forty dollars. Commissioner Hay also declined going. Meeting Minutes City Commission Boynton Beach, Florida January 5, 2021 The City Manager explained that if anyone on the Commission changes their mind, they can be registered later. 5. 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 oft* accompanying material to become a part of the Public Record and subject to staff comments. A. Legal Expenses— November 2020- Information at the request of the City Commission. No action required. B. Proposed Resolution No. R21-001 - Assess the cost of nuisance abatement on properties within the City of Boynton Beach. C. Approve reduction of performance bond #PB12270900120 from current amount of $1,823,110.39 to $673,500.00 for the completion of the paving, grading and drainage improvements in association with the Riverwalk Project. (Mayor Grant pulled this item) Colin Groff, Assistant City Manager, explained that all the site work covered by this portion of the bond has been completed. Once the work is complete, the bonds are released. Motion Commissioner Katz moved to approve. Commissioner Hay seconded the motion. The motion unanimously passed. D. Proposed Resolution No. R21-004-Authorize the City Manager to sign a Vendor Services Agreement for the solution provider services and software maintenance/support of Laserfiche, the City's enterprise content management system, with Information Consultants, Inc. of Miami, Florida for an initial (1) year period with (4) one-year renewal periods. E. Proposed Resolution No. R21-005-Amend the FY 2020-21 budget, which will adjust budgeted appropriations and revenue sources and provide spending authority for the General Fund (001) for the Central Square Agreement entered into on Agenda Item 12.15.20 Resolution R20-138. F. Approve minutes from the City Commission meeting on December 1, 2020. Motion Commissioner Katz moved to approve the remainder of the Consent Agenda. Commissioner Romelus seconded the motion. The motion unanimously passed. Meeting Minutes City Commission Boynton Beach, Florida January 5, 2021 6. Consent Bids and Purchases Over$100,000 A. Approve the purchase of eighteen (18) replacement vehicles as approved in the fiscal year 20-21 budget for an estimated amount of $2,085,475.00 by utilizing the following contracts: Florida Sheriffs Association, FSA20-VEL 28.0, FSA20-VEH 18, and FSA20-EQU 18. The Florida Sheriffs Association contracts meet the City's procurement requirements. Proposed Resolution No. R21-006 - Approve and authorize the City Manager to sign a piggyback agreement with Alan Jay for one (1) Chevy Silverado extended cab 4X4 for Utilities in the amount of$31,239.00, two (2) Chevy Silverado Crew Cab 4X4's for Utilities in the amount of $63,984.00, and one (1) Ford Transit Van for Police in the amount of $24,616.00. These units utilize the FSA20-VEL 28.0 contract. Proposed Resolution No. R21-007 - Approve and authorize the City Manager to sign a piggyback agreement with Duval Ford for two (2) Ford F-250 pickups for Utilities in the amount of$64,523.00, two(2) Ford F-350 dump trucks for Utilities in the amount of $93,887.00, two (2) Ford F-550 mechanic trucks for Utilities in the amount of $244,493.00, two (2) Ford F-350 4X4 service body trucks for Utilities in the amount of $93,171.00, one (1) Ford Transit van for Utilities in the amount of $48,207.00, and one (1) Ford Escape for Utilities in the amount of $28,742.00. These units utilize the FSA20-VEL28.0 and FSA20-VEH 18.0 contract. Proposed Resolution No. R21-008 - Approve and authorize the City Manager to sign a piggyback agreement with General GMC for two (2) Autocar Automated Side Loader Garbage trucks for the Solid Waste in the amount of$620,398.00. These units utilize the FSA20-VEH 18.0 contract. Proposed Resolution No. R21-009 - Approve and authorize the City Manager to sign a piggyback agreement with Palm Truck for one (1 ) Peterbilt Automated Side Loader Garbage truck for Solid Waste in the amount of$281,498.00. This unit utilizes the FSA20-VEh 18.0 contract. Proposed Resolution No. R21-010 - Approve and authorize the City Manager to sign a piggyback agreement with Southern Sewer for one (1) Peterbilt with Vaccon Sewer Vac system for Utilities in the amount of $490,617.00. This unit utilizes the FSA20-EQU 18.0 contract. Meeting Minutes City Commission Boynton Beach, Florida January 5, 2021 B. Proposed Resolution No. R21-011 -Approve a contract with Foster Marine Contractors for the Force Main Isolation Valves project, Bid No. ITB 040- 2821-20/TP in the amount of $898,775.00 plus a 10% contingency of $89,877.50 if needed for staff approval of change orders for unforeseen conditions for a total expenditure of $988,652.50. C. Proposed Resolution No. R21-012-Approvea contract with Southern Underground Industries, Inc. for the 24-inch Raw Water Main Extension - Little League Park to East Water Treatment Plant project, Bid No. ITB 039-2821-20/TP in the amount of$690,929.06 plus a 10% contingency of $69,092.91, if needed, for staff approval of change orders for unforeseen conditions, for a total expenditure of $760,021.97. D. Approve the one-year extension for RFPs/Bids and/or piggy-backs for the procurement of services and/or commodities over$100,000 as described in the written report for January 05, 2021- "Request for Extensions and/or Piggybacks." Motion Commissioner Hay moved to approve. Commissioner Katz seconded the motion. The motion unanimously passed. 7. 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. 20-034- 1st 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: Bonnie Miskel, Dunay, Miskel& Backman, LLP. (Tabled from the October 6, 2020 Commission meeting.) B. Proposed Ordinance No. 20-035- 1st 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: Bonnie Miskel, Dunay, Miskel& Backman, LLP. (Tabled from the October 6,2020 Commission meeting.) C. Approval of Legacy at Boynton Beach (NWSP 20-003) new site plan application for a mixed-use development consisting of an eight (8)-story Meeting Minutes City Commission Boynton Beach, Florida January 5, 2021 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: Bonnie Miskel of Dunay, Miskel & Backman LLP. (Tabled from the October 6, 2020 Commission meeting.) Mayor Grant asked that Items 7A,7B and 7C be heard as one item. Motion Mayor Grant asked for a motion to remove from table. Commissioner Hay made a motion to remove from the table. Commissioner Katz seconded the motion. The motion unanimously passed. Attorney Cherof read Ordinances No. 20-034 and 20-035 into record, by title only on first reading. Bonnie Miskel, Esq., of Dunay, Miskel & Backman LLP, gave a presentation on Legacy at Boynton Beach. Mayor Grant thanked her for the presentation. Inquired about an additional curbside pickup spot along Federal Highway where the retail locations are. Ms. Miskel asked Mark Rickards to respond to the Mayor's inquiry. Mark Rickards stated that he was sworn in. He said he does not see a problem with adding another curbside pickup spot. The 10-minute spot was not part of the parking count. Commissioner Hay inquired about the where the surface parking spaces are located. Ms. Miskel responded that the parking is split between SE 2nd Avenue and Federal Highway. Per the Mayor's request, we will be creating the additional spot on Federal as well. Vice Mayor Penserga expressed concern with parking. How will the people know where to park and be able to access the retail shops? Ms. Miskel responded that they want to make the parking convenient not only to the shops but also access to the public. There are seventy-five spots immediately behind all of the retail; there is no island like there is with Casa Costa. Additionally, there is on-street parking on Federal Highway. Also, there is convenient parking for the residents on the ground level as well as all levels of the residential area. Mayor Grant opened to public comment. Tony Mauro, land owner a block north of the project, said hat Planning and Zoning voted six to one against the project. Closing Southeast 1st would devast the building and the properties. Ocean Avenue floods every time there is heavy rainfall and the only way to get around is through SE 1st Avenue. The masterplan does not state taking a road from Meeting Minutes City Commission Boynton Beach, Florida January 5, 2021 other citizens in your City. To reference the masterplan to support what they are doing is unacceptable. How is this going forward with a six to one vote against the project from the Planning and Zoning Board? Mayor Grant responded that there was no issue getting to SE 1st Avenue from 618 East Ocean Avenue. He said he understands his concerns that abandoning this entrance and exit will diminish traffic to his businesses and it will make it more difficult for the residents of Coastal Tower. However, the reasonableness of that difficulty is not necessarily a great concern of their quality of life, because we are not adding hours to travel time. The closing of Southeast 1st Avenue will help traffic in the future with getting a light on Ocean Avenue and 6th Street. Commissioner Katz said he agreed with the Mayor; the closure of the street is not of serious concern to the citizens or residents that use the adjacent 6th and 2nd Avenue or Ocean Avenue as a way to get out. Vice Mayor Penserga commented there are legitimate traffic issues caused by having that side street open. FDOT wants SE 1st Avenue closed and it should have been closed ages ago. Attorney Cherof reminded the Commission that we are in the midst of a Quasi-Judicial Hearing and the burden is on the applicant to establish all the facts to support passage of these items. The applicant has made their presentation and now other interested parties are in the process of testifying. The testimony and permit the applicant to offer additional testimony and then at that point if appropriate ask City staff if they have additional facts or opinions to offer. He explained that the Commission was ahead of the game with debating back and forth with the current speaker. Jim Knight, 740 Havana Drive, Boca Raton, said he has owned property in Boynton Beach for seventeen years. He has been involved with other development at the south end of town where the Walmart is. There was a lot of opposition back then saying it was going to destroy the neighborhood. It actually spurred development. It is time for a positive project in this location. Jason Evans, with Attorney Evans Law, said he represents the Mauro family of 618 E Ocean Avenue and Robert Reed of 630 E Ocean Avenue. He explained they were retained because both parties oppose Ordinance 20-035 as well as the site plan. They don't oppose the development in this area, they oppose the abandonment of SE 1st Avenue. This road is a major artery for access in and out. Attorney Evans read into record the recommendation paragraph on page 405 from the agenda packet and said he finds this to be incorrect. The Planning and Zoning Board voted six to one against the project. He asked why it was not given any weight and still everyone moves forward. We have not heard confident and substantial evidence as to why the abandonment is necessary. Let's figure out a better solution and not go to ligation to figure this out. Do the right thing and not rush this through. Christina Reed, 630 E. Ocean Avenue, said she has taken the oath. She said she uses SE 1st Avenue many times a day. One of her business's selling points is the longevity of Meeting Minutes City Commission Boynton Beach, Florida January 5, 2021 location as well as the ease of access of parking and entering. Robert Nebb, 640 E Ocean Avenue, said if you were living in one of the elder communities just east of this property and had to wait an extra three minutes for an ambulance, you would not be taking the slight delay so lightly. It is wrong on so many levels to abandon SE 1st Avenue. Steve Scaggs, owner of Two Georges Restaurant, said he believes as a business owner in the City that this will be a very good for the local businesses. By increasing the density, we can fill up the vacant commercial stores. We need the people who can walk to the stores and to the restaurants in the area. Really believes this will be a benefit for everyone in the area. Susan Oyer, 140 SE 23 Way, was sworn in by Attorney Cherof. She commented that there is a reason why the Planning and Development Board voted six to one against it. Architectural style is not a coastal looking building. The eight-story building is not compatible to the area. There are single family homes and two-story apartment buildings on the south side. The damage to the homes that will be caused by pounding of the foundation every day for at least six months. The damage the construction of the new building will do to existing property is unbelievable. Let's put in office buildings, let's put in jobs let's not put in 274 apartments with all the water usage that our septic cannot handle. Kim Kelly, owner of Hurricane Alley and coordinator of the DBC Said we want development, but smart development. By closing one street, you will be causing a lot of chaos. There are ten to fifteen trucks a day delivering to her restaurant and to Ocean Market. She said there were three accidents at Federal and Ocean over the weekend and this is only going to get worse, it's not going to get better. We really need to come together and think of a comprehensive plan that will work for the developers and the community. The architecture of the building does not mesh and you are going to have a mixed matched looking downtown. It wouldn't hurt to get together with the DBC, some other people and the developers come together to come up with a better plan. Khalil George, Marina Village, said he does not see how this project will bring healing to current business owners and the community. Please consider an alternative. Bernard Wright, 713 NW 2nd, President, Robert E. Wells Foundation Street, commented that SE 1st Avenue should not be removed. The City should be concerned about their citizens and not about the development. Please listen to the people. Mayor Grant closed Public Comment. Commissioner Hay asked has the developer explored alternatives to keeping SE 1st Avenue open. What would be the negative impact on the project? Ms. Miskel responded the partial closure was something they were asked to do. It was evaluated by the DOT who was not in favor of SE 1st Avenue open. Technical experts have evaluated the amount of traffic was insignificant. SE 6th could potentially be a full Meeting Minutes City Commission Boynton Beach, Florida January 5, 2021 intersection, with the closure of SE 1st Avenue. That option causes a better reality; the nominal amount of traffic that is on SE 1st Avenue today would be moved to SE 6th Street to the intersection which would better support the option for a full intersection and a traffic light making conditions safer. Currently SE 1st Avenue is only a right in and a right out it is not a full opening which makes use of SE 1st Avenue limited. There seems to be a lot of confusion about drainage and somehow the closure of SE 1st Avenue resulting in greater drainage problems. Actually, we are part of the solution as it relates to drainage. The biggest problem today is the older subdivisions that haven't had redevelopment are based on old standards or no standards and did not retain the water and forced it into the rights-of-way or on to other people's property. We are going to improve the drainage conditions for two reasons: 1. Because of the new development, we will be held to more restrictive rules and regulations and go through a stricter application process with the water management district and the City. 2. We are going to be rescinding water that was being dumped on SE 1st Avenue because that area will be part of our project. Commissioner Hay inquired have other alternatives been explored to closing SE 1st Avenue. Keeping the street open and building a connection over that avenue. Ms. Miskel explained she couldn't tell if it ever has been explored; it has not been explored since her participation. You would lose significant amount of your first floor commercial. You would also lose parking. It would constrain your parking structure which the building is wrapped, so you would have problems with that. Commissioner Hay commented that it boils down to dollars and cents. He asked Ms. Miskel if they have taken a look at other options other than closing up that street. Ms. Miskel explained that Mark Rickards has been involved in the project longer and may be aware of those conversations. She reiterated that DOT was not in favor of SE 1st Avenue staying open. So, it wasn't just dollars and cents, it was also a technical agency saying that it is not ideal from the perspective of roadway management. She said she would let Mr. Rickards speak to Commissioner Hay's question about whether they looked at a redesign option. Mark Rickards said there is a two-part answer to the question. One is something that should really be elaborated on by Adam Kerr or Josh Horning. Adam Kerr is a traffic engineer and Josh Horning is a civil engineer of record. The design on SE 1st Avenue allows for a 3-point turnaround for fire trucks, for trash trucks and a wb-40 truck. Wb-40 just means how long the trailer is and that we have accommodated that in SE 1st expanded driveway. There is also a loading zone on SE 1st such that all of those kinds of trucks can make a 3-point turnaround. If you design a tunnel for lack of a better word, such that a wb-67 truck which is the largest semi-18 wheeler design could somehow go through SE 1st and if they did, the tunnel opening would have to be very large both for site triangle purposes when they turn out and it is a right out only onto Federal so that when they turn out they have a safe site triangle looking at the traffic going northbound on Federal. Also, just making the truck turn, that is a huge truck trailer that makes a very wide radius when they turn. So, for that reason together with our feedback from DOT and Meeting Minutes City Commission Boynton Beach, Florida January 5, 2021 from their perspective, less driveways in proximity to the intersection is a better thing and that is why we went forward with this design. Mayor Grant explained if there are no further questions from the Commission to the applicant, the applicant can respond to the comments made earlier. Ms. Miskel said there was a comment made about there is no confident evidence and she thinks that the person making that representation just does not understand the process. The City goes through a very detailed analysis and review. Technical data is filed, traffic statements, site plans, other plans that are required to demonstrate that we meet the requirements of the code. You go to staff level meetings where you meet with all the different disciplines. They include traffic, utilities, police and fire, drainage is analyzed, your engineering department is involved and conditions come out of their review. There are many technical experts that touch these plans and files and they scrutinized them for consistency. At the end of the process, your staff concluded that we meet the requirements of the law that our plans are compliant and the conditions that your staff believe are necessary to enforce your rules are adopted and incorporated in the packages, and we agree with all of them. At the end of the day, each report provides your technical experts recommendation on whether we meet the requirements of the law and it is in that report and that they concluded that we did on all three of our applications. Ms. Miskel then addressed Ms. Oyer's concerns. She said that she knows Ms. Oyer works hard to make the city great as do all of the people who are sitting on the dais and the staff members that review these applications. While Ms. Oyer may not like the architecture, the vision was established in 2016 allowing that piece of property to go up to 150 feet. She said they were not anywhere near there, are compliant with the requirements of the code, that is what has to be proven and the reports that have been provided and the application analysis supports the conclusions in those reports. She said they are part of the drainage solution. The properties that exist to the east, north and south were not designed to meet the standards that the governments, both the City and the water management district, require of development today. By redeveloping this site, we are going to make it better just for that reason, but if part of the road is abandoned, we have to absorb the water that would be crossing that road. It would be coming on to us and we would have to come up with a solution to handle it. So sometimes in some instances the new development bears the burden of the old because the old did not address and plan properly because 50 years ago they didn't have any rules. We are also contributing in that regard too. The City's technical experts have looked at this under a microscope and they have concluded in every regard that our application is compliant and we meet the requirements of the law. There is a problem out on SE 1st Avenue today and I will not disagree with the neighbors in that regard but it is their parking of cars, not trucks. The standards 50 years ago did not require the parking demands that exist today. Now we do not have a parking problem, they do and they are parking on SE 1St Avenue. There is no way if you look at those pictures that a large semi could even get through SE 1St Avenue to get to Federal Highway because of the cars that are parked on the roadway not even swale but on the roadway. We are adding spaces that we do not restrict. There Meeting Minutes City Commission Boynton Beach, Florida January 5, 2021 will be on-street parking on both sides of SE 2nd and on Federal Highway that anyone can use. We are going to be part of that solution too. You know we cannot fix all the problems but we are coming to the table with a lot of solutions. If this project is not approved, those solutions go away. If I have not responded correctly, please feel free to ask further questions. Mayor Grant requested an enhanced bus stop. He said he believes there is currently a bus stop in front of the pantry and asked if this is part of the current site plan. Mr. Rickards recalled there being a bus stop and said they are certainly amenable to having an enhanced bus stop. He recalls reaching out to Palm Tram about whether they thought that location was the right location or whether further north from where it was would be better. Mayor Grant made a condition that the developer provides an enhanced bus stop location that includes a shelter unless there is an overhang at that current spot. He asked the City Attorney if the City was allowed to put a condition on approval that any developer speaks to the CRA so that a TIF agreement can be created so that any of the current businesses that may be pushed out can be included in a project that is reasonable. Attorney Cherof replied that the real answer is "no." The City can request that they speak with the CRA, but cannot make it a condition of approval. Mayor Grant inquired in regards to the bus stop and the curbside parking space, if he can make that a condition of approval. Attorney Cherof replied those can be made a condition of approval with the support of the Commission. Commissioner Romelus said she supports the condition of approval with adding the enhanced bus stop. She then asked the applicant what is the percentage of affordable housing. Ms. Miskel responded that she is referring to them as attainable; that is the intent that they are entry level and they are smaller units. It is approximately 10% and we have a very large number of one bedroom that are over the 750 number. They are 875 square feet and the market now for that type of unit probably would qualify as well. That is not to say that there will not technically be more attainable, but the ones that are absolutely under the 750 mark that would be considered attainable in accordance with the City's ordinance, a total of twenty units. Commissioner Romelus asked for clarification on the City's ordinance and if this application or this applicant is using the ordinance and how they qualify. Colin Groff, Assistant City Manager, explained there are two portions of the ordinance. One is what we call right the affordable and workforce housing ordinance where you can gain additional density and height which this project did not need the height; they were not asking for it. The other part of the ordinance is building the smaller units within the price range that fits the attainable housing and that is the area that this particular project is applying for. So, they have to meet those requirements those percentages of units that are smaller than the 750 square feet which then meets the attainable housing. He said it Meeting Minutes City Commission Boynton Beach, Florida January 5, 2021 is sort of confusing and this is one of the things that staff is actually bringing back to the Commission. He said there will be a conversation on that in which staff will be making some recommendations on some changes because it is a fairly confusing ordinance right now. Basically, there are two parts of it. If they want the additional height, they have to provide a certain percentage. They do need the additional height so they are providing the small units at the affordable range to meet the requirements of the code. Commissioner Romelus asked Mr. Groff what is the percentage of the units that they have to make that to in order to receive the benefits of the ordinance. Mr. Groff responded that is a one-to-one, so if they needed an additional 20 units to make their project work, they have to provide 20 units of attainable housing. If they needed 30, they would need to provide 30 units of attainable housing. Commissioner Romelus inquired about the road that is being closed, 1st, if it will allow for enhancements to be done, a light to be added and drainage to corrected on 6th. Mr. Groff answered that it would and added that DOT is in the planning stages and the City is participating with DOT to plan an intersection improvement at Ocean and 6th. It is a long answer to why staff is recommending closing a portion of SE 1St and it is actually the same reasoning that we closed SE 1st on the other side of Federal when Ocean 500 was built and why we recommended closing NE 1St on Ocean One and the same reason we are going to recommend closing NE 1st on the northwest block. All the reasonings are because these intersections are within 200 feet of a major intersection which is Ocean and Federal and then the north ones are within 200 feet of a major intersection of Boynton and Federal. The applicant is proposing drainage improvements on SE 2nd Avenue on their property. Staff also added a condition to the project that the applicant will also improve a sewer line that is on SE 6th Street. The size is correct, but it is an older line and we want to upgrade. The City will participate in this because it is off-site and it is not required for the project, but we want it done since we are working in there. Vice Mayor Penserga stated that his questions have been answered, which were about FDOT. The question that was brought up earlier was were there competent reasons to close SE 1St Avenue and if FDOT says it should be closed and our traffic data and we can clearly see it is not large enough for all these trucks. The applicant is making contributions to improve SE 2nd and the intersection we spoke earlier at 6th and the sewage. He explained that he received what he was looking for: legitimate data by professionals that suggest that for safety concerns that should not have been open in the first place. Safety is obviously what we are looking for. He asked if the comments about sewage could be addressed because the comments questioned the validity or the accuracy of the staff report. Mr. Groff replied that the sewer system has plenty of capacity for this project and all the other projects planned in this area. Utility is planned for these projects for many years that have built the infrastructure. Some of the piping systems that are in place are older systems and when projects are built, we like to try to replace those because it is easier to replace it when a project is being built than waiting until it is finished, because they are already constructing in the area. This project will contribute to taking some of the water Meeting Minutes City Commission Boynton Beach, Florida January 5, 2021 off that intersection. The flooding at the Marina Village intersection is generally caused by the High King Tide. It is going to be difficult to completely solve without raising the road. We are looking at that as part of the intersection improvement. Yet you have existing businesses that you cannot flood. So, until those businesses are all redeveloped over time, we will be able to make additional improvements. The King Tides are something we are struggling with like every other coastal city and it has nothing to do with development. Commissioner Romelus asked, as a follow up to Ms. Oyer's concern with the foundation, if Mr. Groff could elaborate on the concerns. Mr. Groff replied that there are two issues. One is when we review the permit plans, we do look at how they are going impact the businesses around them. We generally add conditions to the permits when we think there is going to be an issue. They have to put vibration monitors out and they have to monitor that vibration. Most contractors do that anyways because they understand these types of claims. Now going to the question about the claims, the claims are between two private property owners so the city is not one of the claimants on those. If private property believes another private property damages, it is a private issue and what generally happens is that one private party goes to the other private party and they deal with the issue. What the City does is try to ask the contractors and requires the contractors to put out the vibration monitors where necessary so it really helps both parties determine if whether or not there was something that would have exceeded the allowable vibration while they are compacting soils. It also depends on the type of construction that they are going to do, whether they are doing vibratory compaction, are they putting it on piles or depending on how they are going to do it. He explained that all of that is reviewed in the permitting stage and it has to meet all the Florida building codes, national building codes and it has to be signed and sealed by a professional structural engineer. Commissioner Katz stated that there are residents for and against this. There are businesses that are for and against this. He said he is in support of this project with some shaping around the edges that still needs to be done. It is important to know that the City does have a planning review board that the did not support this project as presented, but that board consists of a handful residents who were appointed by the five members of the Commission versus the City Commission which are elected in public elections by thousands of voters. He clarified that one of the initial speakers against the project said that independent experts had not supported this project. That is contrary to all the facts that every expert has said that the traffic pattern would be improved by this project. The only group that did not support this was a handful of appointed residents. I respect their opinion, but the advisory board serves at the will of the Commission and ultimately it is our responsibility take their recommendations and do with them as we please. This elected body is a group of residents who live in the City of Boynton Beach who have been put in our position to make these decisions by thousands of other residents. He explained that we take the expert advice of our staff, the input of our residents, which can be conflicted as stated and that we are making decisions that each of us believes are the true best interests of the City of Boynton Beach. Mayor Grant said he feels that the experts provided sufficient evidence of what is needed Meeting Minutes City Commission Boynton Beach, Florida January 5, 2021 for the abandonment for the rezoning. Motion Commissioner Katz moved to approve Ordinance No. 20-034 on first reading. Commissioner Romelus seconded the motion. The motion unanimously passed. Deputy City Clerk Stanzione called the roll. The vote was 5-0. Commissioner Hay moved to approve Ordinance No. 20-035 on first reading. Commissioner Romelus seconded the motion. The motion unanimously passed. Deputy City Clerk Stanzione called the roll. The vote was 5-0. Vice Mayor Penserga made a motion to table the site plan (Item 7C) to the next meeting. Commissioner Katz seconded the motion. The motion unanimously passed. 8. City Manager's Report Mayor Grant commented that he believes we have new people working for the City of Boynton Beach. City Manager LaVerriere responded that there are and she was delighted to introduce a few folks. She noted that everyone may hear a different voice clerking for the meeting tonight and that is Deputy City Clerk Tammy Stanzione who was promoted and appointed to the Deputy City Clerk position recently. She has been with the City for about 12 years now. She congratulated Tammy who she said is getting thrown right into the fire as City Clerk Crystal Gibson is going to be having her baby very soon. Ms. Stanzione will get to hold the fort down for a few months. City Manager LaVerriere announced that Glenn Weiss is the City's new Public Art Manager. Mr. Weiss comes from Jacksonville and their public art program. He has over 30 years of experience working with cities, counties and museums. He started with the City last week. She asked him to say a couple of words. Glenn Weiss, Public Art Manager, thanked the City Manager. He commented that he is really pleased to be here, this a terrific City with an amazing staff in terms of their friendliness and willingness to welcome him in and he really appreciates that. He said he looks forward helping the City move forward with their Public Art Program. Commissioner Romelus noted that she was in Jacksonville over the holidays and she would have paid more attention to the art work but from what she did see and pay attention to, it was very nice driving through downtown. She said she is looking forward to what Mr. Weiss will contribute here in Boynton Beach and thanked him. Meeting Minutes City Commission Boynton Beach, Florida January 5, 2021 City Manager LaVerriere welcomed the new Fire Chief Jim Stables to the team. She said that he comes to the City from Tennessee where he served for the last 3 years as the Chief but has served over 30 years in fire services in Florida. He jumped right into the profession right after high school to become a firefighter and has a lengthy bio that she would not read, but would be happy to share with anyone, any of the bios of the new team members. Jim Stables, Fire Chief and Director, Fire & EMS Services, thanked City Manager LaVerriere. He commented that it has been a whirlwind for the first few days he has been here and he is really excited to get down to work. He said "thank you" for selecting him, that this is a great community and he looks forward to getting busy. City Manager LaVerriere thanked Ray Carter for serving the City for so many years as Assistant Chief and our Fire Chief. She said he helped the City out in a difficult time. Mr. Carter stated it was truly his pleasure to come back and assist. It was a difficult situation and he had days that he thought he had lost my mind when he agreed to do this. There were also many, many days that reassured him that the staff here is supportive and willing to work hard to get through the tough times and every step of the way he was supported by City Hall, the firefighters, and by other department directors in the work they had to do. He said he is happy to be retiring again, truly will not be far and will keep in touch. He thanked everyone for their support. 9. Unfinished Business— None 10. New Business— None 11. Legal A. Approval of request for a private attorney-client session of the City Commission to discuss pending litigation in the following case: CITY OF BOYNTON BEACH, a Florida municipal corporation, Plaintiff, vs. JKM BTS CAPITAL, LLC., Defendant — Palm Beach County Circuit Court Case Number: 50- 2020CA012780-XXXX-MB Attorney Cherof stated that the Florida Statute requires him to request closed door sessions with the Commission publicly, which he is doing tonight. Requesting that closed-door session in the City of Boynton Beach vs. JKM BTS Capital, LLC case. He explained that earlier in the day, he provided the Commission with the defendant's answer and we do have things to talk about. Meeting Minutes City Commission Boynton Beach, Florida January 5, 2021 He said that they can probably conclude their discussion within an hour. There was a Commission consensus to have the attorney-client session at 4:30 p.m. on January 19, 2021 . 12. Future Agenda Items A. Hear a presentation by David Scott, Director of Economic Development and Strategy, on the City's Tourism Strategic Plan. - January 19, 2021 B. Staff will present a Legislative Priority List for the Commission's consideration and adoption - January 19, 2021 C. Per the request of SFWMD, staff will prepare a year round irrigation ordinance for the Commission's consideration which comports the District's Mandatory Year-Round Landscape Irrigation Conservation Measures Rule - January19, 2021 D. A presentation of the City of Boynton Beach Operations Performance Management Dashboard. - January 19, 2021 E. Attainable Housing Discussion - January 19, 2021 F. Mayor Grant requested information on the water quality of canal systems within the City. - February2021 G. ILA for transfer of the Boynton Beach Women's Club from the CRA to the City - February 2021 H. ILA for Sara Sims Park Pavilion Improvements - February2021 I. Vice Mayor Penserga requested a discussion regarding a City Mural Program - March 2021 J. Staff will present the City's 15-year Roadway C I P plan and demonstrate the software and data collected to implement this plan. - March 2021 K. Present option for management of canal assessment program - March 2021 L. Discussion on funding for expanding Wi-Fi to City parks. - TBD M. Discussion of LOI process for sale of city land - TBD Mayor Grant said he spoke with Lucia from Vice Mayor Weinroth's office and she stated that there are five thousand doses in Palm Beach County for a population of one and a half million. She mentioned to him about having a letter from either himself, the City Commission or City Manager to Dr. Alonzo to get us a little bit ahead or just know where we stand in the regards to the department of health's decision on the distribution of the vaccine. So, we can create roll out for fifty-five and assisted living facilities for the vaccine. Meeting Minutes City Commission Boynton Beach, Florida January 5, 2021 Vice Mayor Penserga stated that he could not agree more. He disclosed that he spoke with County Mayor Dave Kerner about this issue and also spoke to Bob Weinroth. He said he spoke to them both informally about this and was just waiting for more answers. Alan Karjalainen, Web Design Coordinator, stated as a reminder, a recorded version of this session would be posted to the City of Boynton Beach's YouTube channel. Links to that channel are available on the City of Boynton Beach's website, at www.BoyntonBeach.Orq. This concludes tonight's meeting. 13. Adjournment There being no further business, the meeting adjourned at 9:16 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 C��Yr/yyl-Q �� Tammy Stan 'one Deputy City lerk