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Minutes 11-14-22 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, November 14, 2022, at 6:00 P.M. Present: Vice Mayor Angela Cruz Daniel Dugger City Manager Commissioner Woodrow L. Hay Mike Cirullo, City Attorney Commissioner Thomas Turkin Maylee De Jesus, City Clerk Commissioner Aimee Kelley 1. Agenda Items A. Call to Order— Vice Mayor Angela Cruz Vice Mayor Cruz called the meeting to order at 6:04 P.M. Roll Call City Clerk Maylee De Jesus called the roll. A quorum was present. Invocation by Pastor Amalie Ash, First Presbyterian Church Invocation was given by Pastor Ash. Pledge of Allegiance to the Flag led by Commissioner Aimee Kelley Commissioner Kelley led the Pledge of Allegiance to the Flag. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Hay asked to pull 6D, and mentioned that he attended the Reggae Fest this past weekend. Commissioner Turkin asked to move 10A to after Public Audience, and pulled item 7A. He stated that he attended the Veterans Build, the Veterans Day Event, and Reggae Fest. Commissioner Kelley asked that the Advisory Board list stay on the agenda, so that they can see the vacancies. Vice Mayor Cruz announced the holiday activities coming up in Boynton Beach. Michael Cirullo, City Attorney, stated that he has a correction for item 12B. He said that it is supposed to say "Complete Streets" Project not "Extension" Project. He added item 12C to the agenda, for a request to have a shade session regarding the JKM litigation. Meeting Minutes City Commission Meeting Boynton Beach, FL November 14, 2022 Motion: Commissioner Turkin moved to approve the agenda as amended. Commissioner Hay seconded the motion. The motion passed unanimously. 2. Other A. Informational items by the Members of the City Commission. 3. Announcements, Community and Special Events And Presentations A. City Manager Daniel Dugger will announce the reinstitution of the Police Athletic League (PAL) program. Daniel Dugger, City Manager, announced the reinstitution of the Police Athletic League Program into the record. He stated that you have to have credibility to have respect, and he mentioned promising to reactivate this, which is what is now happening. He introduced Reserve Officer Bill Tome. Mr. Tome stated that he is happy that he was entrusted to come back, and they promise to give a good program and to help the kids in the community. He said that they take the kids on trips to different areas of the country, and most of them have never even been on a plane. Commissioner Hay said that it is good to have Mr. Tome back, and he is looking forward to working with the team, and this is good news for the community. B. Proclamation recognizing December 1, 2022 as World AIDS Day. Keturah Joseph, Faith Based CDC, will accept the Proclamation. Vice Mayor Cruz read the proclamation into the record. Gloria Goolsby, Director at the Boynton Beach Faith Based CDC, stated that they were awarded a grant from the Health and Humanity services, due to outreach in the community for minorities, and they service over 200 women in the community. She stated that Midway Healthcare services is new to Boynton Beach, and they provide assistance with testing for HIV/AIDS. Vice Mayor Cruz presented the proclamation to Ms. Goolsby. Commissioner Hay thanked Ms. Joseph and Ms. Goolsby for the work that they are doing. C. Recognize Deputy City Clerk Tammy Stanzione achieving the Certified 2 Meeting Minutes City Commission Meeting Boynton Beach, FL November 14, 2022 Municipal Clerk Designation. Renee Basel, Town Clerk for the Town of Gulf Stream, read into the record a recognition on behalf of the Florida Association of City Clerks and Palm Beach County Municipal Clerks Association. She congratulated Ms. Stanzione and read the history of the education and professional development needed in order to receive this designation. Maylee De Jesus, City Clerk, presented Ms. Stanzione with her Certified Municipal Clerk Plaque and Pin. Kathryn Matos, Assistant City Manager, congratulated Ms. Stanzione and stated that she is happy to have another Clerk onboard with a designation, and that she recently received her Bachelor's Degree as well. Commissioner Hay congratulated Ms. Stanzione and said that she is top notch. Vice Mayor Cruz congratulated Ms. Stanzione and said that every instance that she has worked with her has been very professional and positive. City Clerk De Jesus congratulated Ms. Stanzione and said that she is looking forward to supporting her in getting her MMC Designation, and she thanked Ms. Stanzione for being her right-hand woman. 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) Harry Woodworth stated that the City did an outstanding job with communication during Hurricane Nicole. He said that we should have had more notice on the date change of the meeting. He mentioned that agenda item 61 is millions of dollars and should not be on the Consent Agenda. Susan Oyer, asked how there is money for Reggae Fest and not Pirate Fest. He commented that it was wrong to move this meeting. She mentioned that Officer Rick Ross passed away during Covid, and he was not memorialized. She spoke about the item that has two million dollars of overtime in the Consent Agenda. She said that she will start advocating for the White Roof Project again. Nancy Steward, owner of Festival Manage Group, thanked staff for their support with the Reggae Fest, and said that they look forward to coming back next year. Gloria Goolsby spoke about supportive housing that the Boynton Beach CDC has, and explained what they do. She commented on being able to help a lot of residents with 3 Meeting Minutes City Commission Meeting Boynton Beach, FL November 14, 2022 housing. Angel (no last name given), with Midway Specialty Care, spoke about HIV, and said that they take all insurances and they help people who are positive to get treatment. She said that everyone should get tested on December 1 Sc Ernest Mignoli, spoke about moving to Boynton Beach, and said that he was physically attacked by someone that works for the City. He stated that they did not communicate about the meeting change. Steven Grant spoke about the signs in the City when entering Boynton Beach, and the historical markers, that are decades old and stated that it should be in next year's budget to have them replaced. He stated that under Future Discussion they have the American Rescue Plan Act, and that they should have a bike sharing program, because a lot of people use bikes as main transportation in Boynton Beach. He spoke about golf carts, and communication in the City. Virtual Hands- None. Commissioner Turkin mentioned that Reggae Fest was a private event, and they rented out the venue from the City. He stated that all 5 of them are attending the National League of Cities Conference, so tomorrow is a travel day and there would be no quorum. He mentioned that there should be a memorial for Rick Ross. Mr. Dugger spoke about Mr. Ross and said that he had a big reach in the City and he passed away from Covid in 2020. He said that Mr. Ross definitely needs to have his legacy lives on. 10A- Discussion on changing Sister Cities, requested by Commissioner Turkin. Jeanne Heavilin, President of Boynton Beach Sister Cities, stated that she is the President of the Boynton Beach Sister Cities. She spoke about the history of Sister Cities, and visiting a few of the cities that Boynton Beach supports. She gave some facts regarding the international organization. Commissioner Turkin stated that the question is what is the process to switch a sister city. Ms. Heavilin stated that sister cities are usually not dropped and spoke about adding a new sister city under the program and what the process is. There was discussion about someone taking a leadership role and a chair that will take on the new City; removing sister cities; and exploring a different sister city. Commissioner Turkin stated that he would like to dissolve the sister city with China, and he would take on the leadership role with a new city. 4 Meeting Minutes City Commission Meeting Boynton Beach, FL November 14, 2022 Steven Grant, former Mayor, stated that he attended the Sister Cities Conference and they are still meeting with Chinese counterparts, and that he would be happy to help draft a letter with the sister city and have a conversation instead of dropping them. He said that he agrees on expanding their reach to other parts of the world. Commissioner Turkin stated that the recommendation would be to move Qufu, China to a dormant state. Commissioner Kelley spoke about the prior connection with Qufu, and said that she is not opposed to making this a dormant city, and taking on another city. Commissioner Hay stated that we are promoting peace around the world and we should be adding more rather than removing or changing one. He said that he would support the idea of touching base with them, through our legal department. He commented that we should not politicize this, because we may not like the leader, but the people are good. He stated that we should explore the opportunities before cutting it off. Ms. Heavilin stated that they do receive artwork from students in Qufu, China. There was discussion regarding having making Qufu, China a dormant city, and looking into other potential cities. Attorney Cirullo commented on the next steps. Motion: Commissioner Turkin moved to send a letter to place Qufu China into a dormant status and explore new cities. Commissioner Hay seconded the motion. Commissioner Hay asked if we can explore other cities first and then place Qufu in a dormant status. There was further discussion regarding clarification on placing a city into a dormant status. The motion passed unanimously. Mr. Dugger asked if we want to explore new cities. There was discussion regarding the process to choose new cities, and the Commissioners agreed to work with Boynton Beach Sister Cities to figure out what cities can be requested. 5. Administrative 6. Consent Agenda 5 Meeting Minutes City Commission Meeting Boynton Beach, FL November 14, 2022 A. Proposed Resolution No. R22-162 - Authorize the City Manager and Police Chief to sign all documents associated with the grant agreement to accept the Florida Department of Transportation (FDOT) Speed and Aggressive Driving grant subject to the approval of the City Attorney. B. Proposed Resolution No. R22-163 -Authorize the City Manager and Police Chief to sign all documents associated with the grant agreement to accept the Florida Department of Transportation (FDOT) Occupant Protection Grant subject to the approval of the City Attorney. C. Proposed Resolution No. R22-164 - Approve and authorize the Mayor to sign a traffic enforcement agreement with Boynton Village Community Development District. D. The Police Department is seeking approval to re-allocate the gun buy back gift cards to the Shop with a Cop Program. E. Proposed Resolution No. R22-165 - Approve and authorize the Mayor to sign a land use agreement between the City of Boynton Beach and BB1 Development LLC for the 51st Annual Holiday Parade on Saturday, December 3, 2022. F. Proposed Resolution No. R22-166 - Approve and authorize the Mayor to sign the Second Amendment to the Homeless Resource Center Interlocal Agreement with Palm Beach County. G. Proposed Resolution No. R22-167 - Approve and authorize the Mayor to sign a Purchase and Sale agreement between the City of Boynton Beach and Nicholas Malinosky for a vacant parcel located at SE 21st Avenue. H. Approve the Vehicles/Equipment submitted by Public Works/Fleet Maintenance for disposal possibly using various means such as JJ Kane on-line auction and GovDeals.com. I. Proposed Resolution No. R22-171- Amend the FY2021-22 budget, which will adjust budgeted appropriations and revenue sources and provide spending authority for various Departments or Fund Operating and Capital Budgets. J. Legal Expenses - September 2022 - Information at the request of the City Commission. No action required. K. Approve minutes from the November 1 , 2022 City Commission Meeting. 6 Meeting Minutes City Commission Meeting Boynton Beach, FL November 14, 2022 Commissioner Hay pulled items 6D and 61. Motion: Commissioner Kelley moved to approve the consent agenda as amended. Commissioner Hay seconded the motion. The motion passed unanimously. 6D- The Police Department is seeking approval to re-allocate the Gun Buy Back Program gift cards to the Shop with a Cop Program. Commissioner Hay stated that this is a great program, and commented on the kid that he worked with last year during the program, and how he bought for his siblings instead of for himself. Joseph DeGiulio, Police Chief, stated that the cops have more fun with this than the kids. He stated that they are trying to have more Shop with a Cop opportunities, such as in the beginning of the school year, and increase the amount of kids that are supported. He said that reallocating these gift cards will allow them to help more kids. Commissioner Hay spoke about how great this program is and he thanked the Chief. Commissioner Turkin stated that he loves this program and would love to be involved. He agreed on expanding the program to the beginning of the school year. Commissioner Kelley stated that she has been personally involved and all of the kids always want to buy for their families. She said that she loves the idea of Shop with a Cop at the beginning of the school year, for school supplies. Chief DeGiulio Dec 6th at the Walmart on Old Boynton, 7th at Target, and 8th at the Walmart on South Federal Highway. Vice Mayor Cruz said that this is a great program and she allocated some of her community funds towards this. Motion: Commissioner Hay moved to approve 6D. Commissioner Turkin seconded the motion. The motion passed unanimously. 6I-Proposed Resolution No. R22-171- Amend the FY2021-22 budget, which will adjust budgeted appropriations and revenue sources and provide spending authority for various Departments or Fund Operating and Capital Budgets. Mara Frederiksen. Director of Financial Services, explained the year end budget, and the increase in expenses. She stated that although the expenditures increased, so did the 7 Meeting Minutes City Commission Meeting Boynton Beach, FL November 14, 2022 revenues. Motion: Commissioner Turkin moved to approve Resolution No. R22-171. Commissioner Hay seconded the motion. The motion passed unanimously. 7. Consent Bids and Purchases over $100,000 A. Proposed Resolution No. R22-168- Approve and authorize the City Manager to sign the Master Services and Purchasing Agreement and Addendum for the sole source purchase of equipment and services for Axon Enterprises, Inc in the amount of $2,975,499.49 over a 60-month contract term. B. Proposed Resolution No. R22-169- Approve and authorize the Mayor to sign the Subrecipient Grant Agreement No. H0861 with the Florida Division of Emergency Management Agency (FDEM) Hazard Mitigation Grant Program (HMGP) in the amount of $246,832.50 for the City's Watershed Management Plan. C. Approve sole source purchase of a new Lime Slaker System for $187,750 from Integrity Municipal Systems, Inc.to replace Lime Slaker#3 at the East Water Treatment Plant. D. Approve Task Order No. UT-A-03 with Carollo Engineers in the sum of $377,326.00 for Structural, Filtration and Disinfection Improvements at the East Water Treatment Plant. E. Approve Amendment No. 1 to Purchase Order No. 210605 with Carollo Engineers in the amount of $137,022.60 for professional engineering services required for the Rehabilitation of the Oceanfront Park Wastewater Treatment Plant (Beach Plant). Commissioner Turkin pulled item 7A. Commissioner Hay pulled item 7D. Motion: Commissioner Kelley moved to approve the Consent Bids and Purchases over $100,000, as amended. Commissioner Hay seconded the motion. The motion passed unanimously. 7A- Proposed Resolution No. R22-168-Approve and authorize the City Manager 8 Meeting Minutes City Commission Meeting Boynton Beach, FL November 14, 2022 to sign the Master Services and Purchasing Agreement and Addendum for the sole source purchase of equipment and services for Axon Enterprises, Inc in the amount of $2,975,499.49 over a 60-month contract term. Chief DeGiulio explained that the dash cameras that will be added to the Police vehicles, and he further explained what the other equipment is included. He said that all of these will make work more efficient for everyone. Commissioner Hay asked if all of the Officers have dash and body cameras. Chief DeGiulio responded that once this is approved, they will. There was discussion regarding the following: when the cameras turn on; if there are any penalties if the cameras are not activated when they are supposed to be; maintenance on the cameras; backup if a camera does not work; and unlimited storage. Motion: Commissioner Turkin moved to approve Resolution No. R22-168. Commissioner Hay seconded the motion. The motion passed unanimously. 7D- Approve Task Order No. UT-A-03 with Carollo Engineers in the sum of $377,326.00 for Structural, Filtration and Disinfection Improvements at the East Water Treatment Plant. Commissioner Hay asked for an explanation of the advantages with this. Poonam Kalkat, Director of Utilities, stated that it is not required, but they are going above and beyond to make sure that the water they have for the residents is great. She explained what this program is about. Commissioner Kelley asked if this will prevent the City from having potential viruses in the water. Dr. Kalkat spoke about this treatment helping to prevent viruses in drinking water and that they are meeting all requirements and this allows them to go beyond the requirements. Motion: Commissioner Hay moved to approve Resolution No. R22-168. Commissioner Turkin 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 9 I Meeting Minutes City Commission Meeting Boynton Beach, FL November 14, 2022 Local Planning Agency and City Commission. A. Proposed Ordinance No. 22-018 - Second Reading - Approve modifications (CDRV 22-005) amending the Part III LAND DEVELOPMENT REGULATIONS, Chapter 1 , Article II. Use Definitions, Chapter 3. Zoning, and Chapter 4, Article III. Exterior Building and Site Standards (CDRV 22-005), to include requirements for commercial frontage. First reading took place on October 18, 2022. Attorney Cirullo read the ordinance into the record. Amanda Radigan, Director of Planning and Zoning, said that there have been no changes since first reading. Vice Mayor Cruz opened the floor to Public Comments. Susan Oyer stated that there were poor visuals and she does not like the way it was thrown together. She said that this is a good time to have a Citizen's Advisory Board. She asked them to table this and have better examples. There were no virtual comments. Motion Commissioner Turkin moved to approve Ordinance No. 22-018. Commissioner Hay seconded the motion. Vice Mayor Cruz stated that this was created for mixed use properties to stay mixed use. In a roll call vote, the motion passed unanimously. B. Proposed Ordinance No. 22-022 - Second Reading - Approve modifications (CDRV 22-006) to Part III. LAND DEVELOPMENT REGULATIONS amending Chapter 2 Land Development Process, Article II Planning and Zoning Division Services, Section 1 .F to allow for an expiration of abandoned applications and Section 7.G to establish a process for Zoning Interpretations and; Chapter 3. Zoning, Article II General Provisions Section 11 to create an exemption for City-owned telecommunication towers used for essential services and; Article III. Zoning Districts and Overlay Zones, Section 2.B revising the parameters for permitted Administrative Adjustments; Article IV. Use Regulations, Section D, Footnote 23 to revise the regulations for industrial uses on arterial and collector roadways; Chapter 4. Site Development Standards, Article V. Minimum Off-Street Parking Requirements, Section 3.G to include a sustainable parking ratio for select industrial uses. First reading 10 Meeting Minutes City Commission Meeting Boynton Beach, FL November 14, 2022 took place on October 18, 2022. Attorney Cirullo read the ordinance into the record. Ms. Radigan said that there have been no changes since first reading. Vice Mayor Cruz opened the floor to Public Comments. Susan Oyer objected to this and said that there is not enough citizen input. There were no virtual comments. Motion Commissioner Turkin moved to approve Ordinance No. 22-022. Commissioner Hay seconded the motion. In a roll call vote, the motion passed unanimously. 9. City Manager's Report- None 10. Unfinished Business A. Discussion on changing Sister Cities, requested by Commissioner Turkin. This item was discussed after Public Audience. 11. New Business- None 12. Legal- None A. Proposed Ordinance No. 22-025 - First Reading - Approve an amendment to the Boynton Beach Administrative Building Code by creating Section 110.11 .1 - 110.11 .16 of the 7th Edition (2020) of the Florida Building Code to create, implement and enforce a Building Milestone Inspection program. Attorney Cirullo read the ordinance into the record. Adam Temple, Assistant City Manager, spoke about the Building milestone inspection program as follows: purpose; regulatory comparison- Senate Bill 4D- Amendments, and proposed Building Milestone Program; geographical location of affected buildings; exceptions; recertification procedure; recertification procedure for affected structures; and management team. Commissioner Kelley asked that if this is enacted, how long do owners have to have their buildings inspected. 11 Meeting Minutes City Commission Meeting Boynton Beach, FL November 14, 2022 John Kuntzman Chief Building Official responded that the notice will go out, and they will have a full year to have the inspection, then 6 months to provide the first phase 1 inspection, they will have another 30 days for phase 2. Commissioner Kelley asked how many buildings will need to immediately have this done. Mr. Kuntzman stated that most of the buildings were built in the 70's and 80's, so there will be a lot of them. Commissioner Kelley asked about impact on staff, and what plan they have in place to be able to follow up on these. Mr. Kuntzman explained the process for notification and communication. Commissioner Kelley stated that if there are issues with staff, that they communicate that with the Commissioners. Mr. Temple stated that this is a revenue fund, so if there are additional personnel needed, then they will come back to the Commission for a request. Commissioner Turkin stated that this is important and the more stringent approach is good. Commissioner Hay stated that the buildings on the east side of 195 take more of a beating from hurricanes, and asked if there are issues with having funds to repair something, what will happen. Mr. Temple spoke about penalties, and about the state bills that will help in regards to funding. Commissioner Hay asked if there are new requirements that the old buildings need to comply with. Mr. Temple stated that everything being built right now has to be built under the current Florida Building Code. He explained that this will not require the older buildings to bring their buildings up to the current standards. There was discussion regarding buildings on the ocean, and buildings that were built under different codes. Vice Mayor Cruz thanked Staff for being proactive and stricter. Motion 12 Meeting Minutes City Commission Meeting Boynton Beach, FL November 14, 2022 Commissioner Turkin moved to approve Ordinance No. 22-025, on first reading. Commissioner Hay seconded the motion. In a roll call vote, the motion passed unanimously. B. Proposed Resolution No. R22-170 - Authorize the Mayor to sign a First Amendment to the Interlocal Agreement with Boynton Beach Community Redevelopment Agency to provide an additional $500,000 in funding for the construction of the Boynton Beach Boulevard Complete Streets Project. With the Amendment, the CRA will now fund up to $1 .5 Million. The Adopted FY 2022/2023 budget for the 302 Fund will be amended from $4,921 ,527 to $5,315,527. Attorney Cirullo stated that there was a correction to the name of the project in the heading, that it should say "Complete Streets" not "Extension." Vice Mayor Cruz read the resolution into the record. Commissioner Kelley asked for clarification that this is being added due to potential cost, but it is not official. Mr. Guzman stated that it was in the contingency fund in June 2020 and they anticipate the cost to be higher. Motion Commissioner Hay moved to approve Resolution No. R22-170. Commissioner Turkin seconded the motion. The motion passed unanimously. 12C- Request for a Closed-Door Session regarding the JKM Case. Attorney Cirullo requested a closed-door session regarding JKM and read the title into the record and who will be there. Commissioner Kelley asked about the status of the E2L closed-door session. Attorney Cirullo responded that they are working on rescheduling that. 13. Future Agenda Items A. Report by Poonam Kalkat, Director of Utilities and Mario Guzman, Director of Public Works on the status of infrastructure within the City. - December 6th, 2022 B. Continued discussion regarding a potential park in Leisureville and creating a Restrictive Covenant on this parcel, requested by Vice Mayor 13 Meeting Minutes City Commission Meeting Boynton Beach, FL November 14, 2022 Cruz. - January 2023. C. Legal options for preserving the future park site in the Meadows subdivision as green space, requested by Commissioner Kelley. — TBD D. Discussion regarding the potential research into a coral reef at oceanfront park to attract tourism and help repair damage caused by humans to the environment, requested by Commissioner Turkin- TBD E. Proposed Ordinance No. 22-024 - First Reading - Approve modifications + F. to reduce building heights in MU-C and MU-4 Zoning Districts (CDRV 22- 004) amending Chapter 3. Art Ill. Sec 1 . E Table 3-4. Mixed Use Urban Building and Site Regulations. (Tabled from October 18, 2022 Meeting - TBD) G. Discussion regarding American Rescue Plan Funds, requested by Mayor Penserga -TBD H. Discussion regarding $50,000 in American Rescue Plan Funds to go to the Wounded Veterans Fund, requested by Commissioner Turkin -TBD 14. Adjournment Motion Commissioner Hay moved to adjourn the meeting. Commissioner Kelley seconded the motion. The motion passed unanimously. There being no further business to discuss, the meeting was adjourned at 8:15 P.M. 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