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Minutes 03-02-21 Minutes of the City Commission Meeting Held Online Via the GoToWebinar Platform and In-Person at the City Hall Commission Chambers 100 East Ocean Avenue, Boynton Beach, Florida On Tuesday, March 2, 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 5:32 p.m. Deputy City Clerk Tammy Stanzione called the roll. A quorum was present. John McNally, ITS Director explained how the online meeting would proceed and how the public could participate. Invocation Pastor Paterson of Seacrest Presbyterian Church gave the Invocation. Pledge of Allegiance to the Flag Mayor Grant led the Pledge of Allegiance to the Flag. B. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Motion Commissioner Hay moved to approve the agenda. Vice Mayor Penserga seconded the motion. The motion passed unanimously. 2. Other A. Informational items by Members of the City Commission 1 Meeting Minutes City Commission Boynton Beach, FL March 2, 2021 Commissioner Hay disclosed that he attended a luncheon hosted by Zeta Phi Beta Sorority. On March 2nd he attended the unveiling of the Healing Heart Sculpture at City Hall. Commissioner Romelus wished everyone a Happy Women's History Month. Invited all to participate in the Let's Move Palm Beach County. The City has its own team, be sure to register and log activity minutes. The City hopes to take the crown this year, so far, the City of Delray Beach has the lead. The City does not want to give the City of Delray Beach bragging rights. Mayor Grant disclosed that on February 18th he attended the Transportation Planning Agency's meeting for Palm Beach County. Complete Street construction that will start in 2024 now includes 3rd Street and Ocean Avenue. On February 19th he attended a Southeast Florida Transportation Council meeting and discussed with Miami Dade, Broward and Palm Beach Counties a commuter rail from Miami to Jupiter. On February 22nd he attended the South Florida Water Management District's Water Quality Goals Conference. Also, on February 22nd Mayor Grant attended the Employee's Pension Board Meeting. That evening he attended the Boynton Beach Historical Society meeting. On February 24th he attended the Transportation Disadvantaged Local Coordinating Board meeting. On March 2nd he attended Palm Tran's grand opening of their new headquarters in Delray Beach. Also, on March 2nd he attended the unveiling of the Healing Heart Sculpture at City Hall. 3. Announcements, Community and Special Events and Presentations A. Public Arts Manager to make announcement regarding the 2021 Biennial Kinetic Art Exhibit on March 6-7, 2021. Glenn Weiss, Public Arts Manager, announced the Biennial Kinetic Art Exhibit on March 6th and 7th. This is the first event to take place in the new Town Square. The event includes twenty outdoor sculptures and indoor artworks by eleven different artists. There will be seven food trucks and the Valerie Tyson Band will be playing on both Saturday and Sunday in the amphitheater. Commissioner Romelus inquired would there be hand sanitizer stations and masks available to the public. Mr. Weiss stated that there will be ten additional hand sanitizers placed outside and cloth masks will be available to everyone. B. Recreation & Parks Director to make announcement recognizing the Magic Wheels & Special Deals event sponsor, Joe DiMaggio Children's Health Specialty Center and all the volunteers from Chariots of Love that participated in building this year's "Magic Wheels" for 2 year old Zoe and her family. Kacy Young, Director of Recreation and Parks, thanked everyone who 2 Meeting Minutes City Commission Boynton Beach, FL March 2, 2021 contributed to this year's Magic Wheels & Special Deals event that was held on Saturday, February 13th at Barrier Free Park. Without the City's amazing partners this event would not be possible. Mr. Young stated that for the second year, Joe DiMaggio Children's Health Specialty Center agreed to be our presenting sponsor. Their generous donation of five thousand dollars made it possible to enhance the event with a Mobi-mat for ADA accessibility and LED screens to encourage social distancing. Dawn Quaranta, Vice President of Reginal Operations, Joe DiMaggio Children's Health Specialty Center, stated that participating in this event ties into their mission at Joe DiMaggio Children's Health Specialty Center and will continue to provide support as much as they can in the future. Mr. Young also thanked the Broward Palm Beach and St. Lucie Realtor's Association for their continued support. Their commitment is greatly appreciated. Karen Johnson, President of Broward Palm Beach and St. Lucie Realtors Association, thanked the City on behalf the Association. The Association is grateful for their partnership with the City. Ms. Johnson reviewed real estate sales for 2019. Valarie Mathew, President and Founder of Chariots of Love, stated it was an honor to be selected for a second year and now a third year to find a candidate and create a fantasy of their dreams and bring it to life. Mr. Young presented plaques to the volunteers to express the City's appreciation for building Zoe's Magic Wheelchair. C. Proclaim March 10, 2021 as National Women & Girls HIV Awareness Day. Mayor Grant proclaimed March 10, 2021 , as National Women & Girls HIV Awareness Day. D. Proclaim support for the statement from Mayors United Against Antisemitism, an initiative of theAmerican Jewish Committee and the U.S. Conference of Mayors and authorize the Mayor to electronically sign the statement on behalf of the City. Mayor Grant thanked Commissioner Romelus for bringing this proclamation to the City. Commissioner Romelus commented that the Haitian and Jewish Community have always been alias. During World War II, Haiti welcomed the Jews who were fleeing the Holocaust to come and live in Haiti. E. Proclaim the Month of March as Florida Bicycle Month. Mayor Grant proclaimed the month of March as Florida Bicycle Month. 3 Meeting Minutes City Commission Boynton Beach, FL March 2, 2021 Anitra Jones, Zoe's grandmother, thanked all who were involved in making this possible. Ms. Jones explained how Zoe's face lights up when she sees her Magic Wheelchair and she cannot wait to sit in her wheelchair. Chariots of Love and the City will never know how much this has meant to her. 4. Public Audience Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Amy Smith, works for the owners of 1315 North Federal Highway, stated that she had sent the Commission an email regarding the parking issues at 1315 North Federal Highway. Inquired if the City can help with the lack of parking for this building. The employees who cannot park in the parking lot are forced to park on the street in limited two-hour parking spots. Mayor Grant inquired if staff could look into extending the parking hours for the parking lots in front of 1315 North Federal Highway. Lori LaVerriere, City Manager, commented that the roadwork was a FDOT project. Yet the City will look into what can be done to help alleviate the parking situation. Jeannie Heavilin, President of Sister Cities, announced the Seventeenth Annual Sister Cities International Young Artist and Authors competition. This year's theme is United in Hope. United in Hope can be expressed through art, poetry, essays and music. Any student thirteen to eighteen years old who lives in Boynton Beach or attends school within Boynton Beach can participate. Ms. Heavilin also announced that there will be a virtual get together with the City's Sister City Farindola, Italy on March 21st at one o'clock. For additional information go to the website bovntonsistercities.orq. 5. Administrative A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. Mayor Grant read the vacancies. Motion Commissioner Katz nominated Ms. Ellen Jones as an alternate member to the Arts Advisory Board. Commissioner Romelus seconded the motion. The motion passed unanimously. 4 Meeting Minutes City Commission Boynton Beach, FL March 2, 2021 Motion Commissioner Romelus nominated Ms. Naomi Cobb as a regular member to the Community Redevelopment Agency Advisory Board. Vice Mayor Penserga seconded the motion. The motion passed unanimously. Motion Commissioner Katz nominated Ms. Cathy McDeavitt as a regular member to the Employee Pension Board. Commissioner Romelus seconded the motion. The motion passed unanimously. 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. Legal Expenses - January 2021 - Information at the request of the City Commission. No action required. B. Proposed Resolution No. R21-027 - Authorize the City Manager to sign the quote for the purchase of a FARO Scanner system in accordance with the terms & conditions set forth in Quotation No. 20376878 from FARO Technologies for $84,999.64. The pricing and terms & conditions of this quote are per GSA MAS (General Services Administration's Multiple Award Schedule (Program Contract) GS-07F- 197GA). C. Approve the purchase of (2) Baroness fairway mowers from DavcoTurf Corp, for the amount of $82,246 for the Golf Course as a sole source provider. D. Approve minutes from the City Commission meeting on February 2, 2021. E. Approve the one-year extension for RFPs/Bids and/ or piggy-backs for the procurement of services and/or commodities under $100,000 as described in the written report for March 2, 2021 - "Request for Extensions and/or Piggybacks." Commissioner Romelus pulled Item 6E. Commissioner Romelus inquired about Zambelli Fireworks, what exactly is the expense for and what does the City have planned for the July 4th. 5 Meeting Minutes City Commission Boynton Beach, FL March 2, 2021 City Manager LaVerriere commented that she has spoken with the Eleanor Krusell, Public Communications and Marketing Director, and they are working on a recommendation for the Fourth of July event to bring to the Commission. The City does not want to cancel the event for a second year in a row. Eleanor Krusell, Public Communications and Marketing Director, explained that the contract in question was an extension of the original contract. The original contract contained a clause that stated the City can renew the contract for one year. Commissioner Romules inquired about the funds that were allocated to the last Fourth of July event that was cancelled. Ms. Krusell responded that the funds were used for smaller events around the Fourth of July and that there was remaining funds to be used. Motion Commissioner Romelus moved to approve. Commissioner Katz seconded the motion. The motion passed unanimously. Motion Commissioner Katz moved to approve remaining items on the Consent Agenda. Commissioner Romelus seconded the motion. The motion passed unanimously. 7. Consent Bids and Purchases Over$100,000 A. 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 March 2, 2021 - "Request for Extensions and/or Piggybacks." B. Approve the purchase of one (1) replacement bus that was approved in the FY20-21 budget for an estimated amount of$111,982 by utilizing the following contract: Florida Department of Education bus contract. The FDOE contract satisfies the City's procurement requirements. C. Approve an increase to the annual expenditure for additional services associated with the Landscape Maintenance Services contract for Medians and Right-of-Ways, Bid No. 033-2730-20/RW performed by Batallan Enterprises, Inc. dba Property Works in the amount of $100,000 annually for the duration of the contract. Mayor Grant pulled item 7C. Mayor Grant inquired what is the City doing to make sure that the irrigation is working 6 Meeting Minutes City Commission Boynton Beach, FL March 2, 2021 properly in the medians and rights-of-way. Andrew Mack, Interim Assistant City Manager, replied that the City's contractor is responsible for maintaining the irrigation. The City does have a project manager that works on the project daily. The City has a lot of irrigation that needs to be repaired, especially along Federal Highway. The additional funding in this request is to cover damage that is caused by car accidents. There have been a few accidents that have taken down trees and destroyed the landscaping. This funding will cover the removal and replacement of damaged landscaping. Motion Commissioner Hay moved to approve. Vice Mayor Penserga seconded the motion. The motion passed unanimously. Motion Commissioner Hay moved to approve remaining items on the Consent Bids and Purchases Over $100,000. Commissioner Romelus seconded the motion. The motion passed unanimously. 8. Public Hearing 6 p.m. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local PlanningAgency and City Commission. A. Proposed Ordinance No. 21-005 - First Reading -Approve amendment to the Future Land Use Map (LUAR 21-002) from Medium Density Residential (MEDR) to Low Density Residential (LDR) for Lawrence Road / 71st Avenue South. City-initiated. Proposed Ordinance No. 21-006 - First Reading - Approve Rezoning (LUAR 21-002) from PUD, Planned Unit Development to R-1A, Single-Family Residential for Lawrence Road / 71st Avenue South. City-initiated. Attorney Cherof read Proposed Ordinances No. 21-005 and No. 21-006 by title only on First Reading. Mayor Grant inquired why this was being City-initiated. Ed Breese, Planning and Zoning Administrator, responded that the original project for the six properties along 71st Avenue South were annexed and approved for a land use rezoning and a site plan for 90 townhomes in 2006. The project never came to fruition and expired. The City now has individual property owners who may what to build an 7 Meeting Minutes City Commission Boynton Beach, FL March 2, 2021 addition on to their house or an owner of a vacant lot may want to develop that lot or an owner of a larger lot may want to subdivide and build more than a single-family home. Staff is trying to facilitate their ability to do so. Mayor Grant commented the City normally lets the developers do this. He did not support not knowing what is going to happen to these individual properties. once the zoning is changed to single-family residential. Mr. Breese replied the simplest way to explain this is that it has been fifteen years since the original proposed development. Since then there has not been any interest from other developers. The six properties are individually owned and the owners want to be able to build or sell the property without the property still being tied to a Planned Unit Development zoning. Motion Commissioner Katz moved to approve Ordinance 21-005. Commissioner Hay seconded the motion. Vote Deputy City Clerk Stanzione called the roll. The vote was 5-0. Motion Vice Mayor Penserga moved to approve Ordinance 21-006. Commissioner Katz seconded the motion. Vote Deputy City Clerk Stanzione called the roll. The vote was 5-0. B. Proposed Ordinance No. 21-007- First Reading - Approve amendment to the Future Land Use Map (LUAR 21-003) for the Knuth Road property from Local Retail Commercial (LRC) to Mixed Use Low (MXL). City-initiated. Proposed Ordinance No. 21-008 - First Reading - Approve Rezoning (LUAR 21-003) the Knuth Road property from PCD, Planned Commercial Development to SMU, Suburban Mixed Use. City-initiated. Attorney Cherof read Proposed Ordinances No. 21-007 and 21-008 by title only on First Reading. Mr. Breese explained that the City is initiating the rezoning of the land use to help facilitate the ultimate development of the 12.52 acres parcel on Knuth Road. Interested parties located around the parcel would like a residential development of the site, opposing the hundred and twenty thousand square foot strip center. 8 Meeting Minutes City Commission Boynton Beach, FL March 2, 2021 Mayor Grant, inquired if the City changes the zoning to Suburban Mixed Use it would allow a developer to build a six-story apartment complex next to the golf course. Mr. Breese responded that the developer would be allowed up to 55 feet in height. However, since the golf course is zoned as single family residential in the County, there is a required setback three times the height of the building. Mayor Grant stated that he would like to see a site plan associated with this rezoning. That way it does not give the property owner free reign to design what is not in the best interest of the community. Vice Mayor Penserga agreed with Mayor Grant. A large apartment building would not fit in with the surrounding single-family homes. Commissioner Romulus inquired why staff felt that this change needs to be made. Mr. Breese responded that staff was tasked with potential development projects throughout the City by putting a land use and zoning on the properties that would make them ready for development. Recent developments within the City indicates that the most appropriate type of zoning for this property would be Suburban Mixed Use. Mayor Grant commented that he noticed an agriculture zoning on the property. Mayor Grant asked if this was the last farm in Boynton Beach. Mr. Breese replied that the agriculture zoning that the Mayor inquired about was done through the County, not the City and that this property is the last farm in Boynton Beach. Mayor Grant opened the discussion to public audience. Attorney Jason Mankoff, 515 N. Flagler Drive, West Palm Beach, commented that he was representing Quail Ridge Country Club. The Club is interested in the property and has a few ideas what to do with the property. Mr. Mankoff was pleased that the Commission had the same concerns as the residents at Quail Ridge Country Club. It does seem premature at this point to be rezoning the property without knowing what is going to be developed there. Commissioner Katz inquired about the ideas that Quail Ridge Country Club has for the property and if they have spoken with the owners of the parcel. Commissioner Katz also inquired if the Club is planning on purchasing this property. William Langley, 11976 N Lake Drive, Boynton Beach, responded that the Club has spoken with the property owners. The current pricing is not attractive enough for the Club to be an interested purchaser. They will continue to have dialogue with the owner and would look forward to working with the City. Motion There were no motions made for Proposed Ordinances 21-007 and 21-008. 9 Meeting Minutes City Commission Boynton Beach, FL March 2, 2021 C. Proposed Ordinance No. 21-009 - First Reading - Approve amendment to the Future Land Use Map (LUAR 21-001) for Ocean Palm Plaza (formerly known as Yachtsman's Plaza) located at 1550 & 1600 N. Federal Highway from Special High Density Residential (SHDR) to Local Retail Commercial (LRC). City-initiated. Proposed Ordinance No. 21-010 - First Reading -Approve Rezoning (LUAR 21-001) OceanPalm Plaza (fka Yachtsman's Plaza) located at 1550 & 1600 N. Federal Highway from IPUD, Infill Planned Unit Development to C-3, Community Commercial. City-initiated. Attorney Cherof read Proposed Ordinances No. 21-009 and No. 21-010 by title only on First Reading. Mr. Breeze explained that this would be a reversion of the land use and zoning for Ocean Palm Plaza, fka Yachtsman's Plaza. Currently the property is zoned for Special High Density Residential and the proposed classification is Local Retail Commercial. The master plan for this site is no longer valid. Mayor Grant inquired if the businesses that are currently located in the plaza will they be conforming. Mr. Breeze responded that the shopping center is legally conforming. All the uses have been approved and are under the C-3 concept. Mark Meyer, 633 Ocean Inlet Drive, Boynton Beach, asked that the item be tabled because his community only received notice of this project last week. Commissioner Hay inquired about the late arrival of the notice of the project to the community. Mr. Breeze replied that the mail notification and the sign postings on the property were done in accordance to City ordinances. The shopping center owner was notified with a 30-day advanced notice and again with a 10-day notice. The 30-day had a return receipt that the City has received back. Commissioner Katz commented that he agrees with moving forward with the ordinances. The rezoning sets in place what the property was originally zoned for years ago. Motion Vice Mayor Penserga moved to approve Ordinance 21-009. Commissioner Hay seconded the motion. Vote 10 Meeting Minutes City Commission Boynton Beach, FL March 2, 2021 Deputy City Clerk Stanzione called the roll. The vote was 5-0. Motion Commissioner Romelus moved to approve Ordinance 21-010. Commissioner Katz seconded the motion. Vote Deputy City Clerk Stanzione called the roll. The vote was 5-0. 9. City Manager's Report - None 10. Unfinished Business — None 11. New Business —None 12. Legal A. Proposed Ordinance No. 21-004 - First Reading - On December 1, 2020 City staff received correspondence from the South Florida Water Management District ("the District") requesting that the City implement a Year-Round Irrigation Ordinance. (Tabled on February 16, 2021, staff has requested the District to present to the City Commission and is therefore requesting this item be tabled again until March 16, 2021) B. 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 Jim 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 said that they can probably conclude their discussion within an hour. There was a Commission consensus to have the attorney-client session at 4:15 p.m. on April 6, 2021 . 13. Future Agenda Items A. Charlotte Pelton & Associates to provide an update on the naming rights campaign - March 16,2021 11 Meeting Minutes City Commission Boynton Beach, FL March 2, 2021 B. Commissioner Katz requested a staff report on Police Department vacancies/staffing levels for lastfive years - March 16, 2021 C. Staff to provide report and summary of work for Utility Engineering Projects over $500,000 - March 16, 2021. D. E2L Solutions will present their final closeout report for the Boynton Beach Town Square Project— E. Police Chief Gregory will give presentation addressing public safety during large gatherings. - March 16, 2021 F. Annual appointment of board members to City advisory boards and selection of Chairs and ViceChairs as outlined in Ordinance 20-016 adopted on June 2, 2020. - March 16, 2021 G. ILA for Sara Sims Park Pavilion Improvements - April 20, 2021 H. Voluntary Sustainability Payment on Water Bills - April 2021 I. Staff report on history/process to add names to the Heritage Park monument - April 2021 J. Present results of the multi jurisdictional Climate Change Vulnerability Assessment— April 2021 K. Vice Mayor Penserga has requested the Commission explore ideas for new Economic Development incentive programs - April 2021 L. Consider ordinance and hear presentation on education campaign regarding the prohibition of polystyrene on City Property. - April 2021 M. Vice Mayor Penserga requested a discussion regarding a City Mural Program - May 2021 N. Present option for management of canal assessment program - May 2021 O. Hear presentation from City staff on Neighborhood Traffic Calming Program - May 2021 P. Discussion on funding for expanding Wi-Fi to City parks. - May 2021 Q. Monuments on City Property - June 2021 R. Discussion of LOI process for sale of City land — TBD 12 Meeting Minutes City Commission Boynton Beach, FL March 2, 2021 Commissioner Katz requested that staff bring forward an ordinance on automatic reversion. City Manager LaVerriere commented that staff is already working on the ordinance for automatic reversion and will come before the Commission in April. Mayor Grant stated that he received an email from United States Department of Housing and Urban Development stating that the City will receive five hundred and seventy-three thousand dollars from Community Development Block Grant. However, there are four programs that the City did not receive any money from. In addition, there is over $2.8 million available in Section 108 Borrowing Authority. John McNally, ITS Director, 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.Boynton-Beach.Orq. 13 Meeting Minutes City Commission Boynton Beach, FL March 2, 2021 14. Adjournment There being no further business, Mayor Grant adjourned the meeting at 7:43 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 )/w/ V ,c2 -fy.ex,.0 Tammy Stan '•ne Deputy City lerk 14