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Minutes 12-07-21 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, December 7, 2021, at 5:30 P.M. Present: Mayor Steven B. Grant Lori LaVerriere, City Manager Vice Mayor Woodrow L. Hay James Cherof, City Attorney Commissioner Justin Katz Tammy Stanzione, Deputy City Clerk Commissioner Christina L. Romelus Commissioner Ty Penserga 1. Openings A. Call to Order - Mayor Steven B. Grant Mayor Grant called the meeting to order at 5:39 p.m. Roll Call Deputy City Clerk Tammy Stanzione called the roll. A quorum was present. Invocation by Pastor Rodney Wilkinson, Gospel Fellowship The Invocation was given by Pastor Rodney Wilkinson, Gospel Fellowship. Pledge of Allegiance to the Flag led by Commissioner Katz Commissioner Katz led the Pledge of Allegiance to the Flag. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Grant added Item 3D to the agenda. 2. Adoption Motion Commissioner Penserga moved to approve the agenda as amended. Commissioner Katz seconded the motion. The motion passed unanimously. 2. Other A. Informational items by the Members of the City Commission. Commissioner Penserga attended the Holiday Parade and thanked staff for their hard work, Meeting Minutes City Commission Boynton Beach, FL December 7, 2021 including the Christmas Tree Lighting event. He appreciates the commitment to all the series of outdoor events including the First Friday. Vice Mayor Hay enjoyed the Holiday Parade and Tree Lighting. He also attended the Veteran's Memorial Recognition Service. He continues to assist with Feeding South Florida on Thursday mornings. He wished everyone a Merry Christmas, Happy Kwanzaa, Happy Hanukkah, and Feliz Navidad! Commissioner Romelus reiterated Commissioner Penserga's comments to staff. She had a wonderful experience and since it was her last experience as a Commissioner of District III it was bittersweet and memorable. As they went down Federal Highway, she noted how much the landscape of Boynton Beach has changed over the years and she gave a heartfelt thank you to the City employees and residents. She noted that some residents from 500 Ocean were upset about the parade and their inability to access their building, and she hopes staff was able to resolve that or provide some resolution. Ms. LaVerriere indicated that the Police Department reached out to those residents. Commissioner Romelus thanked the Police Officers and Firefighters for keeping the event fun and safe for everyone in attendance. Mayor Grant attended the Transportation Disadvantaged Local Coordinating Board on November 17th On November 18th, he attended a special meeting for the Transportation Planning Agency to discuss an Interim Executive Director and hiring an agency to look for a new Executive Director. He attended a meeting with the Boynton Beach Veteran's Task Force and gave a tour of the new City Hall to the Mayor of Les Cayes, Haiti. On November 20th, he attended the Boynton Beach Art District's Art Walk. On November 22nd, he attended the General Employee's Public Pension meeting, and the Boynton Beach Historical Society's event. On November 29th, he did a tour of the Police Department and the Real-Time Crime Center. On November 30th, he attended a meeting with Boynton Beach's Sister City Rauma, Finland for economic change with the Boca Chamber of Commerce. On December 1st, he attended a Mothers Against Drunk Driving event held at City Hall. On December 2nd, he attended a meeting with Neuro Behavioral Hospital who bought the Watershed building in Quantum Park. On December 3rd, he attended the Tree Lighting and thought it was a great event. He attended some of the art displays and noted that they need to make sure there are lights so people can see. On December 6th, he attended a meeting with the Transportation Planning Agency to discuss a Transportation Surtax. On December 7th, he was a key speaker for the Pearl Harbor Remembrance 80th anniversary and the 77th anniversary of the Battle of the Bulge. That afternoon, along with the Commission, he attended a special meeting for the American Rescue Plan Act Funds. He is leaving a little early this evening, he was awarded the Global Statesman by the United States Global Leadership Coalition. He will be speaking with Madeline Albright, a couple of Admirals, Generals, and Mayors from around the country to discuss Sustainability and Resiliency. 3. Announcements, Community and Special Events and Presentations 2 Meeting Minutes City Commission Boynton Beach, FL December 7, 2021 A. Lori LaVerriere, City Manager, will introduce our new Director of Utilities, Poonam Kalkat. Lori LaVerriere, City Manager, introduced Poonam Kalkat, new Director of Utilities. She came from West Palm Beach where she served Utilities since 2008, most recently as their Director of over 300 employees and over a $112 million budget. Most impressively, Ms. Kalkat has a Master's in Science, Physiology, and Biophysics, and her Ph.D. in Biochemistry and Molecular Biology. Ms. Kalkat thanked everyone and appreciates the opportunity. B. Hear report on Florida Atlantic University Entrepreneur's Open House by Jessica Beaver, Associate Director, Florida Atlantic University Tech Runway. Jessica Beaver, Associate Director, Florida Atlantic University Tech Runway, thanked the Commission for allowing her to provide an update on the progress and they are looking forward to a great 2022. C. Announcement of the 50th Annual Holiday Parade Awards by Gabrielle Favitta, Events Manager. Eleanor Krusell, Director, Marketing & Events, announced that this year's 50th Parade had 60 entries and a total of 1,843 participants, making it the largest City Holiday Parade to date. She thanked the City Departments every one of them played a role in the success of this event. She also thanked City employees who volunteered on their own time. Ms. Krusell announced category winners of the 50th Holiday Parade and thanked the Judges. Starting Wednesday, December 8th, the community will be able to vote for their favorite parade entry via the Facebook album online, by calling 561-742-6017 or emailing Marketing@BBFL.us. The contest will run through Monday, December 20th, until noon. Votes will be tallied and announced on December 20th. The winning entry will be notified and awarded a People's Choice trophy by the Mayor. D. Proclamation for Connect to Greatness, Inc Cassandra and Andres Thaddies accepted the Proclamation and thanked the Mayor, Commissioners, and City Manager. 4. Public Audience Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of the Mayor, this three-minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 3 Meeting Minutes City Commission Boynton Beach, FL December 7, 2021 Annette Gray, GBDC Entrepreneurship Institute, 1500 Great Way Boulevard, invited the Mayor, Commission, and citizens to the GBDC Holiday Carnival. For the Holiday Carnival, they will have Homeless Outreach from 2:00 p.m. to 6:00 p.m. The components are the same; they will receive a shower, be able to do laundry, get a haircut, there is a clothing drive, music, a hot meal, and a Christmas present. Later in the afternoon, they are going to give Christmas presents to nominated and registered youth ages 12 to 18. They will end the evening with a drive-in movie, and everyone is invited as long as parking is available. The event will be at the Ascension Lutheran Church at 2929 South Seacrest Boulevard. Because they are dealing with the homeless population, bus tickets were purchased, so people can get to the event and back to their respective places; Bus Stop #6343, Route 47, will drop them right in front of the church. If anyone knows of a family who has teenagers who could use an extra gift, please reach out to their website, www.gbdcei.orq. Commissioner Penserga questioned if Ms. Gray has a sponsor for the mobile shower and laundry. Ms. Gray replied she would like one. Imon Karim, 214 NE 3rd Street, commented that this will be their fourth year celebrating February 21st as International Mother Language Day. He invited the Mayor and Commissioners to attend. This year will be a blockbuster event Mayors and Commissioners from Greenacres, Riviera Beach, Belle Glade, Pahokee, and South Bay, are attending the International Mother Language Day celebration. He asked if the Marketing Department could help market this to the community. The celebration will take place on February 20, 2022, at Sara Sims Park. There will be music, bounce houses for the kids, and food. He also inquired if a decision could be made during the next meeting regarding his monument. Commissioner Penserga suggested that Mr. Karim send his request in writing to the City Commission. Ernest Mignoli, 710 NE 7th Street, stated that he is getting involved in City politics for many reasons. Perhaps there will be more receptive people in March when the Commission starts fresh. He thinks the outright discrimination over the choice of holiday decorations should be investigated. He believes they should be accountable for taking away holiday decorations from certain people and not others for no reason. Since November he has been trying to donate a $1,500 nativity scene to the City and the Commission refuses to talk to him or accept the donation. The Supreme Court has ruled that Menorahs, Kwanzaa, nativity scenes, and trees are decorations, not religious statements by a City or municipality; but this City chooses certain ones and placed a fish at the top of the Christmas tree. There being no further comments from the public Mayor Grant closed Public Audience. 5. Administrative A. Approve the request of Mayor Steven B. Grant to distribute $200 of his 4 Meeting Minutes City Commission Boynton Beach, FL December 7, 2021 Community Support Funds to the Boynton Beach Historical Society. A motion was duly made and seconded, to approve $200 of Mayor Grant's Community Support Funds to the Boynton Beach Historical Society. The motion passed unanimously. Randall Gill, President of the Historical Society, appreciates everything the Mayor and Commissioners are doing. The Holiday Parade was one of the best the City ever had. The Historical Society is happy to present educational programs and special events and they appreciate the City's support in attending different events. They are working with the Boynton Women's Club to have the Third Annual Hall of Fame Harvest Show held at the new Cultural Center on January 15, 2022. B. Appointment of eligible members of the community to serve in vacant positions on City advisory boards. Motion Commissioner Penserga nominated Gregory Hartmann as a member to the Art Advisory Board. Commissioner Romelus seconded the motion. The motion passed unanimously. Motion Commissioner Romelus nominated Tiffany Crump as a member to the Historic Resources Preservation Board. Commissioner Penserga seconded the motion. The motion passed unanimously. Motion Vice Mayor Hay nominated Geoffrey Campbell as an alternate member to the Recreational and Parks Board. Commissioner Romelus seconded the motion. The motion passed unanimously. Motion Commissioner Romelus nominated Dan Winter, Sr. as an alternate member to the Recreational and Parks Board. Commissioner Penserga seconded the motion. The motion passed unanimously. Mayor Grant moved Items 9.A and 10.A before the Consent Agenda with approval from the Commission. Motion Commissioner Penserga moved to approve the agenda as amended. Commissioner Romelus second the motion. The motion passed unanimously. 5 Meeting Minutes City Commission Boynton Beach, FL December 7,2021 Item 9.A was heard out of sequence at the request of the Mayor. Mat Forest, Ballard Partners, representing the City of Boynton Beach, provided a quick Legislative update. Six Pre-Session Committee weeks have wrapped up, but a Legislation can continue to get filed as they move towards the January 11, 2022 Session. Dates are important and it is important to count how many days there are to get things done. As of this date, there are 34 days until the start of the Session, which begins in January 2022 and ends on March 11, 2022; there are only 94 days until that date, and they will not go back again until the November 2022 elections. As they go into the Session, they are currently sitting at about 1,026 Bills that have been filed for consideration and they are not done yet. Many other Bills will be filed between now and when the Session starts, the deadline to file is January 11, 2022. The poor life expectancy of a little Bill is about 8% to 12% and very few make it across the line in the exact same form they are filed. The amendatory process is key to what they do in Tallahassee. He will provide a report in the next week or so. He has worked extensively with staff for the last few months and five Appropriation Requests have been filed for the City, which they are pushing in Tallahassee this year. This is not a handout or a charity case, this is what compelling projects there are in the City of Boynton Beach they think other people in the State of Florida should be contributing their tax dollars to. It is important to put together projects they think have compelling State interests and it is an extensive process to get the application filled out and takes a lot of staff time. With staff's assistance, five requests have been filed: • $669,000 for a Public Safety Mobile Command Center • $500,000 for Chapel Hill neighborhood drainage improvements • $1.1 million for utilities, water quality laboratory • $1.7 million for City of Boynton Beach radio tower repairs and re-installment • $750,000 for regional crime prevention strategy Two Bills he wanted to put on the radar are SB620 and HB569. • In the Senate that Bill is called Local Government and the House has a much more appropriately named title; it is called HB569 Business Damages Caused by Local Governments. It is a Bill that proposed a cause of action for any landowner or business owner within the City that has been in business for at least three years. If the City passes an ordinance or Charter Amendment, any action the City takes that reduces their income by at least 15%, the business has a cause of action to take the City to court and the City could be held responsible for the damages and in addition, attorney fees that go along with it. It is a broad Bill. Things such as changing hours of operation could be seen as detrimental to a business. The Bill has had one meeting so far in the Senate where it passed on party line votes, 7 to 4, and it was heavily debated. Many opponents pointed out ways this could blow up and go the wrong direction, but Chamber of Commerce, associated industries, and other business groups pointed out examples where Local Governments have passed ordinances that put businesses were in the office one day and out the next day. This will continue to be heavily debated throughout the Session this year. He thinks there will be changes and Amendments. 6 Meeting Minutes City Commission Boynton Beach, FL December 7, 2021 They will be working with staff to make sure your delegation knows exactly how something like this could impact the City of Boynton Beach and they will stay involved in this throughout the entire Session. • The next Bill is similar. The proponents of the Bill have pushed it to hopefully alleviate the need for State Government to at least hear all the Pre-exemption Bills every Session. SB280 and HB403 both relate to local ordinances. The goal of this Legislation is to put into place at the Local Government level the same requirements the State has at the Agency level. The State Agencies go through the rule-making process before they can pass a rule that will be binding whether it is Department of Regulation or DOT and make a compelling reason these rules should be in place and most importantly, do an Economic Impact Study on the rules they are proposing. This Bill proposes to do it at the Local level before Local Governments can pass ordinances or City Charters, and things that will amend their code, they need to do a Business Impact Statement in addition to a few other things, so they move forward along with the ordinance. The Bill is specific on what must be in the Impact Statement, but it also gives the court things to look at when ruling on whether a business has been violated because of this. The Bill says it establishes a series of factors to consider when determining an ordinance is arbitrary or unreasonable including but not limited to the extent to which the ordinance protects the health, welfare, safety, and quality of life of residents, the impact of the ordinance on personal rights and privileges, the total economic impact of the ordinance, and the Business Impact Statement, exactly what the City prepared. He thinks this Bill will continue to move throughout the Session and will get fine-tuned so cities can live within the means of it and at the same time, maybe this is the solution to avoid every year more pre-emption Legislation in Tallahassee by putting a process for which locals pass their ordinances. The other two are short-term rentals and more Legislation regarding sober homes. Commissioner Katz inquired if there is a Bill that increases sovereign immunity on cities. Mr. Forest replied there is not only for cities, but also State Agencies; he thought it raised it to $300,000 and builds in a cost-of-living adjustment every year from that. Commissioner Katz inquired about the legislative annexation of the septic tanks west of the City limits. Mr. Forest stated he has discussed this with the City Manager and there is no Legislation specific to that topic. There are tools in the toolbox when it comes to annexation, especially when it comes to enclaves. As of now, there is no Legislation pending or filed in Tallahassee that he has seen that would change the current tools for annexation. Commissioner Penserga asked when submitting an appropriation request is it possible to specify who the sponsor is. 7 Meeting Minutes City Commission Boynton Beach, FL December 7, 2021 Mr. Forest advised you can ask who the sponsor is, but you cannot specify. The City's requests have all been sponsored by Representative Casello, who is usually the person who represents that area. Because of the vacancy that will be open in District 88, Representative Casello agreed to file all requests for us. Normally multiple people file certain things, but because there will be a gap this year, his name was put on all the requests. City Manager LaVerriere asked the Commission for a consensus to approve the Legislative Priorities List in the backup. This gives them the authority to respond to requests when they receive emails and communications from the League saying, "Contact your House Representative today". Motion Commissioner Katz moved to approve. Commissioner Romelus second the motion. The motion passed unanimously. Item 10.A was heard out of sequence at the request of the Mayor. Mayor Grant requested an increase to Community Support Funds from $2,000 to $4,000 with $10,000 of that money coming from Textile Recycling revenues. Commissioner Romelus commented that if the balance were there, she would like to increase the amount to an uneven $5,000. Motion Commissioner Penserga moved to approve an increase in Community Support funds to $4,000 for each Commissioner, with the additional funding coming from Textile Recycling revenues. Commissioner Romelus seconded the motion. Motion passed 4-1 with Commissioner Katz rescinding. Commissioner Katz advised he was voting against this; he has developed a fundamental concern relative to stories from other Cities and this is by no means anything close to the stories about funds allocated to elected officials. He is not a supporter of a budgetary process that allows the Commission to bring something forward. Mara Frederiksen, Director of Financial Services, noted that this will be brought back to the Commission through a Budget Amendment to remove those funds from the Textile Recycling revenues. Ms. LaVerriere indicated this is the additional funding will be available as long as the Textile contract is in effect. 6. Consent Agenda 8 Meeting Minutes City Commission Boynton Beach, FL December 7, 2021 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 the accompanying material to become a part of the Public Record and subject to staff comments. A. Proposed Resolution No. R21-167 —Authorize the Mayor to sign the agreement between the City and the State of Florida Department of Library & Information Services for the ARPA (American Rescue Plan Act) Grant in the amount of $93,084 for FY 2021-2022. B. Proposed Resolution No. R21-168 —Approve and authorize the City Manager to enter into an agreement with Digitech Computer LLC, for EMS billing services via a piggyback agreement with City of Pompano Beach. C. Approve the purchase of one (1) replacement pump for the Utility Department from MWI Corporation for the Inlet Cove Neighborhood Association (INCA) storm water pump station for a total price of$66,500. MWI Pumps Corporation is a sole source vendor for this particular pump. D. Proposed Resolution No. R21-169 —Authorize the Mayor to sign an Amendment to Interlocal Agreement between the City and CRA to extend the end date of the agreement for the funding of the Tree Canopy Coverage Project. E. Authorize utilizing State of Florida Alternate Contract 43211500-WSCA-15- ACS for the renewal of Datrium ControlShift SaaS system from Transource Services Corp in the amount of $24,300for one year. F. Proposed Resolution No. R21-170 -Authorize the City Manager to sign a grant application to the Florida Department of Environmental Protection for the Statewide Flooding and Sea Level Rise Resilience Plan funding for Master Lift Station 317 Major Upgrade with a 50% City cost share of $1 ,500,000. G. Legal Expenses - October 2021 - Information at the request of the City Commission. No action required. H. Approve the purchase of semi-rugged laptops from GovDirect in the amount of $62,075.00 utilizingthe Minnesota WSCA-NASPO Master Agreement Contract MNWNC-124 through the Participating Addendum State of Florida Alternate Contract # 43211500-WSCA-15-ACS. I. Proposed Resolution No. R21-171 - Authorize the City Manager to sign a First Amendment to Towing Franchise Agreement for a one (1) year renewal of the contract with Beck's Towing & Recovery, Inc. for Towing & Storage Services. J. Proposed Resolution No. R21-172 -Approve and authorize the City Manager to 9 Meeting Minutes City Commission Boynton Beach, FL December 7, 2021 sign a FirstAmendment to the Grant Agreement between the City of Boynton Beach and Florida Atlantic University Board of Trustees for FAU Tech Runway Business Incubator Programming. K. Approve minutes from the November 16, 2021 City Commission meeting. Motion Commissioner Romelus moved to approve Consent Agenda. Commissioner Katz seconded the motion. The motion passed unanimously. 7. Consent Bids and Purchases Over $100,000 A. Approve the purchase of forty-six (46) sets of firefighting bunker gear at a discount price of $129,812.00 via the Lake County Contract 17-0606B. The Lake County Contract meets the City'scompetitive bid requirements. B. Approve Task Order UT-3D-06 with Baxter & Woodman, Inc. in the amount of $171,869.00 forengineering, permitting, bidding and construction services for Dimick and Potter Road Utility Stormwater and Water Improvements in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category D awarded by City Commission on August 7, 2018, renewed on August 3, 2021 . C. Proposed Resolution No. R21-173 - Approve and authorize the City Manager to sign a Master Service Agreement between The City of Boynton Beach and Gridics, LLC to purchase and provide zoning software and services in an estimated amount of $74,000.00 for the first year and an annual service subscription of $54,000.00 for the following two years. D. Approve the purchase of twenty-two (22) replacement vehicles that were approved in the FY21-22budget for an estimated amount of $859,345 by utilizing the following contracts: Florida SheriffsAssociation, FSA20- VEL28.0, FSA20-VEH18.0, and Sourcewell contract #120716-NAF. Motion Vice Mayor Hay moved to approve Consent Bids and Purchases of$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 Planning Agency and City Commission. 10 Meeting Minutes City Commission Boynton Beach, FL December 7, 2021 A. Proposed Ordinance No. 21-027 Second Reading — CLM Apartments (ABAN 21-004)- Approve request for the abandonment of a 119-foot-long segment of the 57-foot-wide SE 1St Avenue right-of-way, extending from the FEC Railroad right-of- way to SE 3rd Street. Applicant: Lawrence Mastropieri, CLM Capital LLC. City Attorney Cherof read proposed Ordinance No. 21-027 into the record by title only, on Second Reading. Commissioner Romelus moved to approve Ordinance No 21-027 on Second Reading. Commissioner Penserga seconded the motion. Vote Deputy City Clerk Stanzione called the roll. The vote was 4-0. B. Proposed Ordinance No. 21-028 - Second Reading - Approve request for Future Land Use Map amendment from Medium Density Residential (MEDR) to High Density Residential (HDR) for CLM Apartments, a property located at 2107 SE 3rd St. Applicant: Lawrence Mastropieri, CLM Capital LLC. City Attorney Cherof read proposed Ordinance No. 21-028 into the record by title only, on Second Reading. Commissioner Penserga moved to approve Ordinance No 21-028 on Second Reading., Commissioner Romelus seconded the motion. Vote Deputy City Clerk Stanzione called the roll. The vote was 4-0. C. Proposed Ordinance No. 21-029 - Second Reading - Approve request for Rezoning from R-3,Multi-Family 11 du/ac to IPUD, Infill Planned Unit Development for CLM Apartments, a property located at 2107 SE 3rd St. Applicant: Lawrence Mastropieri, CLM Capital LLC. City Attorney Cherof read proposed Ordinance No. 21-029 into the record by title only, on Second Reading. Commissioner Romelus moved to approve Ordinance No 21-029 on Second Reading. Commissioner Katz seconded the motion. Vote Deputy City Clerk Stanzione called the roll. The vote was 4-0. 11 Meeting Minutes City Commission Boynton Beach, FL December 7, 2021 D. Approve Major Site Plan Modification for CM Apartments to allow the addition of a four (4) unit apartment building, associated parking and related site improvements, on a 0.86-acre parcel, located at the northwest corner of SE 20th Court and SE 3rd Street, and east of the FEC Railroad, in the IPUD (Infill Planned Unit Development) zoning district. Application: Lawrence Mastropieri, CLM Capital LLC (Item tabled from the November 16, 20221 meeting) Commissioner Penserga moved to remove Item 8D from the table. Vice Mayor Hay seconded the motion. Vote Deputy City Clerk Stanzione called the roll. The vote was 4-0. Mayor Grant wanted to make sure an electric charging station was included as part of the requirements. Commissioner Penserga concurred with Mayor Grant. Bradley Miller, Urban Design Studio, on behalf of the applicant, indicated that was an acceptable condition and he thought it was part of the code, which they must accommodate. Commissioner Katz commented that there are three buildings total, two existing and one new. He questioned if the commitment was for a single charging station or one at each building. Mr. Miller stated this was discussed with staff. He did not think it was specified as to whether the spaces are reserved for electric charging stations and if there are no electric cars being used, it takes three parking spaces away. He would say there would be two electric charging stations because one station serves two spaces. Mayor Grant opened the discussion for public comments. Mayor Grant left the dais at 6:55 p.m. Vice Mayor Hay took the gavel to reside in the Mayor's absence. Mr. Mignoli opined that when people who live 400 to 500 feet away are sent notifications, they do not attend because they do not want to be subjected to the way people like him are disrespected. The City Manager, City Attorney, and Commissioners will not talk to anyone. Commissioners are supposed to discuss conflicts, but they are never addressed. Everything will change once the Mayor, two Commissioners, the City law firm, and hopefully the City Manager leave. Mr. Miller noted that he recently closed his office as a step towards retirement and he could 12 Meeting Minutes City Commission Boynton Beach, FL December 7, 2021 not be prouder than to be a business owner in the City of Boynton Beach, especially when this Commission and the one prior have turned this City around. There being no further discussion, Vice Mayor Hay closed the public comment. Motion Commissioner Penserga moved to approve Item 8D. Commissioner Katz seconded the motion. Motion passed unanimously. E. Proposed Ordinance 21-030 - Second Reading - Approve Ordinance amending Chapter 2."Administration", Article IV, entitled "Purchasing & Consultants", Section 2-56(c) is herebydeleted in its entirety and replaced with a new Section 2-56(c) to amend the process todispose of City-owned real property. City Attorney Cherof read proposed Ordinance No. 21-030 into the record by title only, on Second Reading. He reviewed the amendments made after First Reading. On Page 2, Line 77, the threshold amount changed from $500,000 to $100,000 and following that same pattern on Line 80 and 81. This would require a motion to adopt Ordinance 21-030 as amended. Vice Mayor Hay opened discussion to the public. Mr. Mignoli found it odd that the only 350 residents out of 80,000 responded to questionnaires and flyers. Every time he attends these meetings, he hears deals being made. The City is being turned into a high-rise dive. There being no further discussion, Vice Mayor Hay closed public comment. Commissioner Katz moved to approve Ordinance No 21-030 as amended. Commissioner Penserga seconded the motion. Vote Deputy City Clerk Stanzione called the roll. The vote was 4-0. Vice Mayor Hay noted that during Public Hearing the public may speak on the item before the Commission. All other topics should be discussed during Public Audience. City Attorney Cherof confirmed that all comments with respect to any agenda item should be directed to the subject matter of the agenda item. It would be appropriate and authorized by the Mayor to interrupt the speaker when they are not speaking to the issue before the Commission. F. Proposed Resolution No. R21-175 -Adopt the City's intent to use the uniform method for the levy and collection of a non-ad valorem special assessment 13 Meeting Minutes City Commission Boynton Beach, FL December 7, 2021 for canal aquatic maintenance services for the Lake Eden Four Canals and Lake Shore Haven Canal. Commissioner Katz thanked Commissioner Romelus and staff for working on this for approximately five years to get to this point. The residents who live in these areas have a low- cost solution to the vegetation overgrowth that occurs in their canals. City Attorney Cherof reminded everyone they already implemented the process of Assessment and collection. This Resolution converts it from the City having to send out bills and collecting to it appearing on next year's tax bill, so it is automatically collected along with Ad Valorum taxes. Commissioner Romelus mentioned feedback received from residents and noted that it seems all, but one was in favor of this, so she is in favor of moving this Resolution forward. She thanked the Commission, City staff, and Attorneys for their support. Vice Mayor Hay opened discussion to the public. Mr. Mignoli asked if this was about the overgrowth in the canals coming in from the County and other places. City Attorney Cherof clarified it was regarding the creation of the Special Assessment to be collected on the annual tax bill to pay for canal aquatic maintenance services for Lake Eden and the four canals in the Lakeshore Haven canal area. Mr. Mignoli asked if this was the one where someone who lives in the area and is getting assessed asked if this pollution was coming from a certain lake outside of the County, into the County, and into Boynton, and then the Commission voted on approving a cleanup for Boynton canal based on Assessment against the Boynton residents. Commissioner Katz emphasized residents who live on the canal unanimously, minus one resident, voted for this. The Commission is approving it as a course of business, but every resident effected but one asked for this and voted for this. Mr. Mignoli questioned if that means the one is categorically wrong. He thought that person made a good point. If the Mayor said after the vote, "Wait a minute, maybe you are right, maybe the Assessment should not go against you, maybe next year we will go after the County who caused the pollution, but for right now, we forgot to ask you up before the vote". One person objected, the only one who came here. To say everyone wanted it and agreed to it; people on the canal want more taxes and want to pay to clean up Lake Worth and other County pollution coming in. He asked where those people are. Commissioner Katz reiterated that by virtue of minus one-resident vote, they voted in a democracy to approve. 14 Meeting Minutes City Commission Boynton Beach, FL December 7, 2021 Due to no further discussion, Vice Mayor Hay closed the public comment. Motion Commissioner Penserga moved to approve Resolution No. R21-175. Commissioner Romelus seconded the motion. The motion passed unanimously. 9. City Manager's Report A. City Lobbyist, Mat Forest of Ballard Partners, will present the key issues/bills facing the City during the 2022 Legislative Session. City Commission to discuss and approve Legislative priorities for the 2022 Legislative Session in Tallahassee. Item was heard earlier in the meeting. 10. Unfinished Business A. Authorize the Commission to establish a policy for use of the Textile Recycling revenues for Community Support Funds. Item was heard earlier in the meeting. 11. New Business A. Conduct Annual Performance Evaluation for our City Manager. Vice Mayor Hay asked the Commission if they wanted to hear this in the absence of the Mayor. Commissioner Romelus note that it would be moved to January. Commissioner Penserga preferred the Mayor be present; this is an annual event. Vice Mayor Hay asked for a consensus of the Commission. Commissioner Katz stated they each had an opportunity to submit written evaluations. Vice Mayor Hay felt the same and that the Commission should move forward. Julie Oldbury, Director of Human Resources and Risk Management, advised they are having the annual evaluation of the City Manager, Lori LaVerriere. Commissioner Penserga indicated he declined to submit an evaluation, but that is not a reflection of her duties or performance, it reflects the fact, as he has complained previously in the past, that he does not believe the form they have been using is a good metric of an evaluation system. He does not think this is a good rating system and they need to produce a new system. Until such time that they come up with a new system, he will not be using it. 15 Meeting Minutes City Commission Boynton Beach, FL December 7, 2021 Commissioner Romelus does not use the evaluation form because she does not have time. She always tends to make her comments publicly in favor of using the form. Over the last six years having worked with Ms. LaVerriere and understanding the caliber of what our City Manager brings to the table she believes is astounding. She has had the privilege to know her, not only in this capacity as the City Manager, but on a professional and personal capacity as well. Her dedication towards being ethical and standing for what is right, and delivering and executing when necessary, even when no one is looking. She thinks they are privileged to have Ms. LaVerriere as their City Manager. Her testament of her leadership in the City is clear and obvious. All in all, Commissioner Romelus wanted to give her a 5.5 out of 5 because she deserves it. When they get to the discussion about salary, she will make additional remarks. Ms. LaVerriere is a tremendous City Manager, and she has appreciated the years she has had to work with her and hopes they continue to work together even when she is not in office for the betterment of Boynton Beach and for residents across Palm Beach County. Commissioner Katz agreed. For those who have been here for the past six years, they have had had the good fortune to have one City Manager. Many Cities have had an annual turnover and there is a cost associated with failed or poor leadership. The continuity, which is a biproduct of the quality of leadership is demonstrably beneficial to this City. Issues come up in any leadership position and if the issue is not the direct fault of the leader, the leader is judged by how they respond to the issue. There have been issues over the years and he has been satisfied with the responses to those issues because a leader cannot be judged by every employee's action, but they can be judged by how they respond to those actions when they have gone off course. We have a strong leadership team as evidenced by the continued improvement by virtue of people defecting from other municipalities to come to Boynton Beach and bring their talents and advanced degrees to make their Utilities, Development Department, or Management team better. He is proud of Ms. LaVerriere's leadership and friendship, and he looks forward continuing to watch her work with the next Commission to build on the progress of the past six years. Vice Mayor Hay concurred with the comments made. He has worked with Ms. LaVerriere since 2007 and was very instrumental in getting her involved full-time; he watched her grow over the years. She shows great leadership and does not back away from tough decisions. She delegates authority and is not one to look over your shoulder, she gives you a job and expects you to do it. He has noticed growth in community relationship; people have received her well. The community has accepted her, and he is proud to have her as their City Manager. Ms. LaVerriere is a great person outside the City, she is good-hearted and is not afraid to make tough decisions. With that kind of leadership, they cannot do anything but go to the top. Commissioner Romelus commented that based on the pandemic and the diversity they had to face and proposed giving Ms. LaVerriere a 5% raise based on the list of other municipalities that were in comparison. They have done their work in terms of bringing her into alignment based on their City population size compared to other Cities in the County. She thinks a 5% raise would be merited. 16 Meeting Minutes City Commission Boynton Beach, FL December 7, 2021 Motion by Commissioner Romelus, and seconded, to give Ms. LaVerriere a 5% raise. Commissioner Penserga was uncomfortable with the 5%, not because he does not think good things were done, they were, but when he looks at the chart, other organizations have twice the number of employees to manage. He thinks 5% is too much and he did not think this was a suitable time for raises at the highest levels. He was not going to support 5%. Vice Mayor Hay agreed with the 5% but since it is a pandemic area, he thinks 4% would be more in line of what he would want to support, based on the fact they need the kind of leadership she has provided. Commissioner Penserga reiterated his point. When looking at the data provided, the City most comparable to them in terms of size in full-time employees is Delray Beach. Our City Manager is at $239,000 and theirs is at $230,000. For us to compare higher to Boca and West Palm, their organization is 800 employees; it is twice as large at 1,600 to 1,700. He thinks the comparable City is Delray Beach, not Boca or West Palm. Commissioner Romelus indicated her comments were in terms of saying that they are in proper alignment; they are third in terms of her salary behind West Palm and Boca and she would never consider putting her alignment with Delray because Delray has had yearly, if not more often, turnover; that should not be commensurate with her salary. She is fine with doing 4% if that is what the Commission wants to go with. Commissioner Katz stated he would agree with the 4%. Delray is comparable currently, but he thinks the difference in the raise is indicative of the experience in the organization. Motion Commissioner Romelus moved to approve a 4% salary increase for the City Manager. Vice Mayor Hay seconded the motion. Motion passed 3-1 with Commissioner Penserga rescinding. Ms. LaVerriere thanked the Commission. For people to be successful, they must be empowered and given the opportunity, support, resources, tools, and everything they need to be successful, and you must want them to be successful. She has served almost nine years as City Manager and another year and a half as the Interim City Manager and they have always been able to be successful because they have had an elected body that wants them to be successful. Without that she could not do what she is doing. Her job is to provide the tools and support for employees to be successful. Commissioner Romelus acknowledged Andrew Mack and their new Assistant City Manager, Kathryn Matos. She feels they have built a much better culture in the City of Boynton Beach than what she initially found when she first started as a Commissioner. She not only wanted to praise Ms. LaVerriere, but those who work with her. 12. Legal 17 Meeting Minutes City Commission Boynton Beach, FL December 7, 2021 A. Proposed Ordinance No. 21-031 - First Reading - Approving amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 4, Article IV. Sign Standards, that updates the City's Sign Standards intended, in part, to increase allowable sign types; add flexibility to, and further incentivize the use of sign programs in multi-tenant and planned developments; add provisions forshared signage to increase awareness of secluded industrial businesses; decrease minimum sign setback requirements; and establish rules for "human" signs. City Attorney Cherof read proposed Ordinance No. 21-031 into the record by title only, on First Reading. Mike Rumpf, Planning and Zoning Administrator, explained that staff updated the Land Development Regulations (LDR) in its entirety. Due to the scope of that project, there was not enough time devoted to the Sign code itself, it is very technical. The initiative was to focus on what additional tools they need to benefit the covered businesses, but an opportunity to investigate the code against various complaints and issues they have received during the application processes, including the permit process. Currently, with businesses and what is happening in the retail industry struggling through the pandemic, there is a slightly different perspective upon review. He has reviewed recommendations from the National Sign Association and looked at various sign codes of other Cities that have instituted these provisions and there were some common characteristics. Although they might have the same standard, they all have the same categories. The sign must be a conforming sign with the exception of a sign that may not meet the setback; it is not allowed on a sign that is too high or too large and is not designed like a monument sign. There is a provision to speed up sign reviews for new businesses that come into town. Removing differentiating murals and signage is reviewed under the program. Exempting municipal signs from the general provisions, exempting historic and art plaques that are reviewed and processed under different regulations and are not business signage, and expanding prohibited site elements. There is cross reference to the overlay zones, to help recognize recommendations that have come down from the Community Redevelopment Plan or the Downtown Districts. Illuminated signs in residential areas and urban signs were mentioned. Commissioner Penserga noted that a church in his district has requested to install an illuminated sign. He inquired about a solution to having the sign installed. Mr. Rumpf advised it requires the exemption for non-residential uses, which are on the perimeter of the residential area, not right within, then there is less impact. It requires the institutional or non-residential use to be on the arterial or collected roadway. Being on the perimeter, there is less chance of impacting single-family. Commissioner Penserga questioned if the sign can be placed perpendicular, not facing the houses. 18 Meeting Minutes City Commission Boynton Beach, FL December 7, 2021 Mr. Rumpf stated most businesses want the sign visible from both directions. If the sign faces away from the area, it is less visible until someone gets closer. In this case, it would make sense since the church is not tucked away in a residential area. Commissioner Katz stated that he did not have any specific questions on the First Reading. He appreciated that this is built for flexibility and accommodation. Staff seems to have considered everything he could conceive. He might have some questions during Second Reading. Commissioner Romelus did not have any questions if this allows for the community to move forward, and residents and business communities are able to show what they need to show consumers and people who they are and what they do. She is in support of this. Vice Mayor Hay inquired if anything was being done with the flag signs. He has received questions from new businesses about increasing the length. Mr. Rumpf stated there are no proposed changes with the feather banners, but there has been a question of the flag regulations. Sometimes businesses incorporate a flag for advertising purposes and sometimes it is under the radar. Another chapter of the Zoning Regulations address those types of flags, the number of poles, and sizes. Mayor Grant returned to the dais at 7:48 p.m. Mayor Grant apologized for missing part of the presentation. He inquired if corner locations have the ability for two signs. Mr. Rumpf advised that could be a larger mixed use residential and commercial project, which would fall under the eligibility of having a sign program. They could propose how it works and justify it for visibility reasons. Mayor Grant inquired how could a business change that if it was ten years ago. He also inquired about human signs. Mr. Rumpf stated they would submit it as a minor Site Plan Modification request. Regarding human signs, he stated that is one of the biggest regulatory additions to this versus other increasing flexibility and provisions. This one falls under a structured regulation regarding signage, and they believe they have walked a good line with compliance and in the benefit of promoting safety. This is something field staff should have a closer look at for compliance with visibility issues and distractions. It needs to be on the property where the business is promoted, no waiving of objects, no usage of instruments to raise something higher, preventing distractions to passing motorists or pedestrians. Mayor Grant questioned if the sign is only allowed on their property and not on the arterial road. 19 Meeting Minutes City Commission Boynton Beach, FL December 7, 2021 Mr. Rumpf advised the sign needs to be affiliated with the business. They could be near the sidewalk if it is not blocking the sidewalk, or it could be off private property in the right-of-way if it complies with other requirements. Mayor Grant inquired if this allowed for a sign to be on the corner of Federal Highway and Ocean Avenue. He also inquired if a human sign would need to be permitted. Mr. Rumpf stated there is not a permit process for human signs, it needs to comply. There are regulations if they need to act on something that is a distraction and not in compliance, so they have something to fall back on. Mayor Grant questioned if that is the only sign that does not require a permit. Mr. Rumpf replied no, a permit is not required for a political or real estate sign, or things that meet certain size standards. Mayor Grant opened discussion to public comments. Mr. Mignoli commented that everything discussed is going to impact everything he does, as he lives in the middle of signville. He questioned if there is any public input regarding this presentation. He questioned why certain statements are made with signs and others are not. The Commission is creating high density high-rises and destroying the City and now they want to put signs everywhere. He asked where these approvals come from and calls this public discrimination. There are many lifestyles living in Boynton Beach, and he questioned why there can be a rainbow and not a nativity scene. He is going to find out how the intersection was painted and how the 700-foot sign was approved on Federal and Ocean. Commissioner Romelus mentioned the new Legislation passed by State Legislature regarding not preventing any homebased businesses from having any differentiation from other businesses. She questioned how that accounts into the sign conversation and if homes were going to be able to display signs in their communities. Commissioner Katz moved to approve Ordinance No 21-031 on First Reading. Vice Mayor Hay seconded the motion. Vote Deputy City Clerk Stanzione called the roll. The vote was 5-0. B. Proposed Ordinance No. 21-032 - First Reading - Approving amendments to the LAND DEVELOPMENT REGULATIONS, revising Chapter 1, Article II. Definitions, Chapter 3, Article IV, Section 1 . Operational Performance Standards, and Chapter 3, Article IV, Section 3.D. Use Matrix and Notes as necessary to show compliance with and implement new State laws applicable to Home-based Businesses. City initiated. 20 Meeting Minutes City Commission Boynton Beach, FL December 7, 2021 City Attorney Cherof read proposed Ordinance No. 21-032 into the record by title only, on First Reading. Mike Rumpf, Planning and Zoning Administrator, advised that Commissioner Romelus' question is answered in this section in response to the House and Senate Bill 403 that went into effect on July 1, 2021. This is contrary to conventional zoning regulations in most Cities and it has significant pre-exemption of their regulation of homebased businesses. One thing it does not do is pre-empt local sign regulations. Where there are sign regulations, provisions, or additions for homebased businesses, those could remain in effect. Commissioner Romelus questioned if they will start seeing random business signs in neighborhoods. Mr. Rumpf stated that currently a home occupation, which they allow, can have a two-square- foot sign in front of their home. It has other requirements to abide by, to keep peace in the neighborhood, and not to be known and recognized as a business operating in a residential neighborhood. He recommends sign provisions be removed because they can take away the signs on a home occupation, now being changed to homebased business. If the State allows them to regulate or prohibit signage on their preference on a homebased business, they can do so. He reiterated that currently a two-square-foot sign is allowed, but the way this is drafted, it would not be allowed. Most of the changes to their home occupation regulations, now being called homebased businesses, are mostly to show compliance with new State laws. Many of the changes are harmless, but they are forced to do changes in wording, descriptions, and title. Staff proposed to make the changes to show they are compliant. There are three bullets he wants to focus on, which staff is trying to place some quantifiable standards on that the State is giving them as a general requirement in terms of regulating them. They say the business must operate in compliance with the neighborhood and not change the character of the neighborhood. He questioned how staff writes regulations, so the Community Standards staff knows how to hold them to that. They proposed a modification to a standard they currently have, which is that not more than 20% of a home can be used for a homebased business; that is increasing significantly to 50% and is something he has worked on with the City Attorney's office because they are working closely with staff on this project. They initially started out with 25% and Legal was sensitive to the States' pre-emption and to save something as strict as that and not something at 50% may cross the line what the State wants to give them to play with. What does it mean when the Statute says the home continues to operate as a single-family residence or a residential use? If staff entered a house because of a complaint from a neighbor saying it is impacting the neighborhood, how does staff say something is in violation of State Statutes and regulations. Staff thought one way to write that was if any portion of the home, which is typically required to function as a home, whether living area, minimum size of bedrooms per person, use of life and safety standards that are code requirements. If any of those areas are operated as part of the business and preventing them from being used, that would be a violation. That is an addition that was added. Commissioner Romelus questioned if that would require having to go into the residence and 21 Meeting Minutes City Commission Boynton Beach, FL December 7, 2021 if residents must give access into their home. Mr. Rumpf replied it would. They are not sure about access to their home; it might be a legal question in terms of boundaries that Community Standards staff has in a proactive nature. One requirement of State law is that the home from the outside must not obviously be functioning as a commercial business, so what happens inside is not covered by this. Another area where the State Statute allows them to be more stringent is a vehicle must be parked in dedicated parking spaces. Currently, that is not prohibited, a vehicle could be parked in the swale, they only require the swale not be degraded to a point where it does not properly drain as intended to do. The wording is clear that vehicles must park on driveways. Commissioner Romelus questioned if that contradicts another ordinance the Commission previously created about allowing parking on side streets in Forest Park to help mitigate speeding through the neighborhood. She asked how that correlates to what he is saying. Mr. Rumpf stated it is allowed to allow vehicles in the street, but it may be an enforcement issue. If there becomes an issue and the business appears to be outgrowing the property, that may be something they could hold them to. If there is not a business nuisance, it would be a judgement call as to what regulation to use. Commissioner Romelus mentioned her only drawback is whenever it gets into Community Standards having that grey area based on their judgement and she feels that is when problems arise. Mr. Rumpf commented that it could be looked at as if only two sets of standards comply; a City standard that may allow or restrict vehicle parking on the street, and this standard, which says commercial vehicles or business-related vehicles shall park not on the sidewalk or street, but in dedicated parking spaces for that private property. The percentage of the home was indicated and how the home could not have space utilized for the business that would pre- empt its use as part of the home and emphasized the need for the capacity of the driveway. Most of the changes are incorporating verbiage and requirements of language from State Statutes. Mayor Grant questioned what happens if someone wants to put a billboard in their backyard and if that counts as a homebased business if their backyard overlooks 1-95 or Federal Highway. Mr. Rumpf stated that homebased business regulations were not written to allow any signage. Billboards would be regulated under the sign code, and they are not allowed unless it is in compliance. Mayor Grant commented that all billboards must follow the sign code. Mr. Rumpf replied that was correct. 22 Meeting Minutes City Commission Boynton Beach, FL December 7, 2021 Mayor Grant questioned if raising chickens and selling their eggs is considered a homebased business. Mr. Rumpf replied if it were a business being conducted out of the home it would follow the guidelines of not being visible and appearing as part of the property. There are other regulations in the Code of Ordinances regarding farm animals. Mayor Grant noted that the ordinance states that no chickens are allowed as part of a residential community; however, it does allow them on farms. Mr. Rumpf noted that the City no longer has agricultural zoning. There may be some properties used for tax purposes recognized by the County, but not technically as an agricultural use pursuant to agricultural zoning. Mayor Grant clarified that no one can have a farm in their backyard because there are no agricultural regulations. Mr. Rumpf believed that there are additional State laws, which allow personal agricultural residential and personal gardens. Commissioner Romelus questioned if the percentage being used for the homebased business is still in effect. Mr. Rumpf stated that the percentage has gone from 20% to 50%. City Attorney Cherof, advised it follows the language in the Statute that says it can be a secondary use. Commissioner Romelus requested clarification about how they would be able to see or verify if someone is over utilizing the capacity of their home and if there is any reason they would be entering a person's home. Adam Temple, Development Director, indicated that staff follows the Fourth Amendment, and should they approach a residential property and request access, residents can refuse them access. They do have other remedies, such as Administrative warrants, so they can seek consultation with Legal to see if there is probable cause, but essentially, they could be refused access. Mayor Grant questioned what happens if someone gets a permit to put a shed in their backyard and uses it for business purposes. Mr. Rumpf replied a shed is a structure and must comply with regulations whether it be Zoning or Building or both. Mayor Grant questioned how they could enforce requirements if the shed were not being used 23 Meeting Minutes City Commission Boynton Beach, FL December 7, 2021 in the capacity allowed. He asked what would happen if they wanted to put a restroom in the shed. Mr. Rumpf stated that if it is not permitted, they would be cited. If it were permitted to be a structure with a restroom, they would have to see what they are doing with it and if it crosses the line in terms of the property being used as a single-family structure. Mayor Grant noted that it would be difficult to enforce. Community Standards cannot take the word of the neighbors, they must monitor the property to build a violation case. Mr. Rumpf indicated that the full extent of this could be a nightmare. There are many different scenarios that would be difficult to anticipate and regulate up front. Mayor Grant questioned if there is anything in the ordinance regarding affidavits. In order to file a complaint, one must put their name on the complaint, so your neighbor would know who complained. Mr. Temple noted that there is a new State law that requires a person's name and address if they are filing a complaint that is non-life safety or health safety in nature. There are no more anonymous complaints. Mr. Rumpf commented that it will pit neighbor against neighbor; they will be dealing with those types of disputes. There is currently an affidavit of a business operator for homebased businesses. It states the rules that apply, and it is signed to assure that they understand it. Mayor Grant inquired if it is discovered that a corporation uses a home residence as their principal place of business could be used as evidence to send them a letter saying they need to get a Business Tax Receipt. Mr. Rumpf advised that is the line he is saying, perhaps they should require them to go through a process. As they implement this and make sure the process is aligned with State requirements, they will revise their affidavit or modify the approval process. Staff is unclear in reacting to this Bill. If it is obvious to staff and Inspectors that there is a business visible from the exterior, it can be investigated. Mayor Grant stated that there needs to be a video so someone can put in their name and address and file a complaint for Community Standards to review, but if someone has an issue and they are unable to resolve it on their own they cannot just say they have a problem. It is almost to the point where someone could call 911 anonymously, but they are not able to cite these types of violations anonymously. Mayor Grant opened discussion for public comments. Mr. Mignoli commented that everything he is hearing is so far from what is going on in this City. When someone does not have a Building Tax Certificate in this City, you cannot even 24 Meeting Minutes City Commission Boynton Beach, FL December 7, 2021 rent your apartment if you own it. His building has 20 units rented and no Business Certificates and the Building Department says they cannot go in, it is against their Fourth Amendment Rights. Mayor Grant questioned if Mr. Mignoli filed a complaint against all 20 neighbors. Mr. Mignoli replied that he did, and the Building Department will not investigate anything. They are building illegal marinas, closing off private property, and all they say is Fourth Amendment Rights. Mayor Grant questioned if Mr. Mignoli lives in an Association. Mr. Mignoli replied yes, and noted they are the biggest violators. He commented that what is going on with the sign and business thing is out of control. He begged the Mayor not to pass this. Mayor Grant questioned how this applies to Associations and if Associations are allowed to completely be immune from homebased businesses if they choose with their Board of Directors. Mr. Rumpf advised that the State Statute does not supersede or pre-empt properties under HOA rule. Mayor Grant commented that this is not something they are happy about, but something they are doing to protect them from lawsuits because of the ability of the Florida Statute that pre- empted the City and County from having their own home rule regarding homebased businesses. Vice Mayor Katz moved to approve Ordinance No 21-032 on First Reading. Vice Mayor Hay seconded the motion. Vote Deputy City Clerk Stanzione called the roll. The vote was 5-0. C. Proposed Resolution No. R21-174 - Approve and authorize the Mayor to sign all Opioid Litigation Settlement Documents. Motion Commissioner Katz motioned to approve Proposed Resolution No. R21-174. Vice Mayor Hay seconded the motion. The motion passed unanimously. Mayor Grant commended Lori LaVerriere, City Manager, for doing a great job. They appreciate all she has accomplished in the past six years and wish her the best of luck in the 25 Meeting Minutes City Commission Boynton Beach, FL December 7, 2021 future. 13. Future Agenda Items A. School Board Member Erica Whitfield to present report on the state of education to the City Commission. - January 4, 2022 B. Mayor Grant has requested a discussion regarding naming the urban orchard at Sara Sims Parkfor Latosha Clemons - January 4, 2022 C. Discuss process and estimated costs for a Recreation & Parks Bond Referendum Question -January 18, 2022 D. FIU Presentation of Racial and Social Equity Community Needs Assessment Findings - January18, 2022 E. City of Boynton Beach FY20/21 Strategic Plan Update and 5-Year FY 2022- 2027 Strategic Plan Framework - January 18, 2022 F. Climate Action Plan Annual Update - January 18, 2022 G. Tessy LaCroix, Grants Manager to present FY 2020/2021 Grants Report to the City Commission -January 18, 2022. H. Mayor Grant has requested a discussion on creating a Citizens Review Committee for Police Department - January 18, 2022 I. Building Department staff will present an update on the implementation of the new SagesGovsoftware for permitting and inspections - January 18, 2022 J. Award Contract for Public Lands Tree Inventory, RFQ No. UTL22-006 - January 18, 2022 K. Proposed amendments to the Land Development Regulations for Accessory Dwelling Unitprovisions - February 15, 2022 L. Discuss disposition of vacant 3.62 acre parcel adjacent to Leisurevillle and west of SW 8thAvenue -TBD M. Proposed Ordinance No. 21-025. First Reading. Approve Development Agreement Ordinance. (Tabled from the September 21, 2021 City Commission Meeting.) - TBD 26 Meeting Minutes City Commission Boynton Beach, FL December 7, 2021 N. Mayor Grant has requested a discussion on JKM lawsuit—TBD 0. Discuss Building Safety Inspection Program - (Pending outcome of 2022 legislative session) 14. Adjournment There being no further business Mayor Grant adjourned the meeting at 8:37 p.m. C �Y �,- ''tom r. f/�N B ACH ayor- Steven B. Grant 10,4 Vice Mayor—Woodrow -ay /"--->2r `WIT issioner— Justin Katz Commissioner— Christina L. Romelus 1. Co.. - y Penserga ATTEST: C stal Gibson, MMC City Clerk 1' yaK(2_ Tammy Stan, one f` • . Deputy City lerk 27