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Minutes 12-06-22 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, December 6, 2022, at 6:00 P.M. Present: Mayor Ty Penserga Daniel Dugger City Manager Vice Mayor Angela Cruz Mike Cirullo, City Attorney Commissioner Woodrow L. Hay Maylee De Jesus, City Clerk Commissioner Thomas Turkin Commissioner Aimee Kelley 1. Agenda Items A. Call to Order - Mayor Ty Penserga Mayor Penserga called the meeting to order at 6:02 P.M. Roll Call City Clerk Maylee De Jesus called the roll. A quorum was present. Invocation by Reverend Laurie Durgan, Minister at Unity Church of Delray Beach Invocation was given by Reverend Durgan. Pledge of Allegiance to the Flag led by Commissioner Woodrow Hay Commissioner Hay led the Pledge of Allegiance to the Flag. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Penserga received a request from Counsel to remove 5A. Commissioner Kelley stated that she would like to change future agenda item 13E to add a date. She asked that the covenant documents be ready for January 3, 2023 Meeting. 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. Meeting Minutes City Commission Meeting Boynton Beach, FL December 6, 2022 Commissioner Kelley had no disclosures. She stated that she spent the weekend enjoying the holiday festivities and said that it was exciting to see everyone coming together. Commissioner Turkin gave a shout out to staff and said that the events were awesome. Vice Mayor Cruz noted that the events were fantastic events and staff did a great job. She congratulated the two Officers that won Officer of the Month with the PBA. Commissioner Hay stated that the National League of Cities Conference in Kansas was outstanding and all of the Commissioners were there. They gained info on what other cities are doing. He said that he had the pleasure of participating with Shop with a Cop, and he was with a 9-year-old girl that bought gifts for her 9 siblings. He said that the Police Department was right on target with the kids, and they really enjoyed it. Mayor Penserga congratulated the events team for putting together the tree lighting and the parade. He thanked staff for these events and said that the Gold Coast Band was phenomenal. He acknowledged two City employees, and read an email from a resident regarding the two excellent employees: Jovaris Pearson and Jeffrey Shelton. He disclosed that he was recently selected as one of 25 Mayors to attend the Bloomberg program through Harvard University. 3. Announcements, Community and Special Events And Presentations A. Announcement regarding, Pearl Harbor Remembrance Day Ceremony being hosted by the Boynton Beach Veterans Task Force and the City of Boynton Beach Recreation & Parks Department. The ceremony is being held at Tom Kaiser U.S.N. Boynton Beach Veterans Memorial Park located at 411 N. Federal Highway on Wednesday, December 7th, starting at 11:00 AM. The event is free and open to the public. Mayor Penserga announced the Pearl Harbor Remembrance Day Ceremony. B. Announcement regarding, Oceanfront Bark Boynton Beach's Dog "Paw-ty" on the Beach. The event is being held on Saturday, December 17th, from 9:00 AM to 12:00 PM, at Oceanfront Park located at 6415 N. Ocean Blvd. This is the second of four scheduled events being held the third Saturday of each month thru February. This is a free event for all well behaved, licensed dogs and their owners. Dogs will be allowed off leash in a designated fenced area. Parking is free during Oceanfront Bark for all beach patrons from 9:00 AM to 12:00 PM. Mayor Penserga announced the Oceanfront Bark Boynton Beach's Dog "Paw-ty." 2 Meeting Minutes City Commission Meeting Boynton Beach, FL December 6, 2022 C. Announcement regarding, the Harvey E. Oyer Park Boat Ramp Ribbon Cutting Ceremony being held on Saturday December 17th, starting at 11:30 am. The ceremony is being held to recognize the completion of the boat ramp renovation project and re-opening of the boat ramp for the public. Parking Fees will be waived on December 17th from 8:00 AM to 5:00 PM. Mayor Penserga announced the Harvey E. Oyer Park Boat Ramp Ribbon Cutting Ceremony. D. Proclamation recognizing December 2022, as Impaired Driving Awareness Month. The proclamation will be accepted by Tracy Roloff, Executive Director of MADD, Carrie Gale, DUI Project Coordinator at PBC Victim Services, and DUI Officer Dennis Castro. Mayor Penserga read the proclamation into the record. Carrie Gale, DUI Project Coordinator at Palm Beach County Victim Services, spoke about impaired driving and their response times. She further spoke about different entities that are coming together to bring awareness to this problem. She thanked the Commission for recognizing this. 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) David Katz spoke about speaking to Joe Josemond wanting his support as a candidate, and that he has been giving false addresses when he filed for candidacy. He asked Mr. Josemond to remove himself from the race. Mayor Penserga asked if this crosses the line of attacking someone personally. Commissioner Hay stated that it was not a personal attack because it was just informational. Mayor Penserga stated that it is not just for this instance, it is for anything moving forward. Commissioner Turkin stated that he thought the personal attack was against people on the dais. He said that they have a right to speak their mind. Bernard Wright stated that he has been investigating Joe Josemond's addresses, and explained the different addresses which have been used. He said that Mr. Josemond has been removing his signs from residents houses and throwing them into his yard. He spoke 3 Meeting Minutes City Commission Meeting Boynton Beach. FL December 6, 2022 about the discrepancies with running for the election. Darrin Cunningham complimented the Police Officers for slowing down on Seacrest Avenue. He commented on being proactive on traffic. Joe Josemond stated he will be throwing a barbeque on NE 2nd Street. He said that there might be a language barrier with the person that lives at the address he lived at, and he invited Bishop Wright to dinner to speak about the situation. He mentioned that he is running for Commissioner in District 2, and he likes the fire and excitement that is happening right now. Commissioner Hay said, for clarity, that he is not coming after anyone and asked the speakers to address the Commission and not individuals. Cindy Falco Di Corrado spoke about the LBGTQ+ Flag on the street, and said that it needs to be removed, as well as the 666 seats on Ocean Avenue. She stated that it is not inclusive at all. She mentioned that running as a candidate, you cannot touch signs, and if anyone has been doing that, it is a crime, and the Police need to take action. She said that she would like to hear about Forest Park as well. Dr. Piotr Blass stated that we live in the best City in the world. He spoke about being at Starbucks and two Police Officers told him that he is trespassing, and he was charged, which was a defamation. Terry Oyer stated that he works every day and on the weekends, he likes to hang out when he is off, and that the night Officers are targeting people and harassing them. He said that they are walking up to people in the community and literally sticking their hands in their pockets. He commented that he should not live in fear in his community. He announced toy drives that their community is having. Sandra Watson stated that she is there as the chair of the Boynton Beach Senior Advisory Board. She said that they lost their co-chair in September when she passed away. She spoke about the Senior Advisory Board reports that the Commission is asking about. She announced different events that they have been working on and going to. She asked the City to do some kind of program where they can go to these events, within the City. Pernell Davis spoke about November 26, when a Police Officer pulled up and told them that they need to be gone and could not hang out. He said that it was demeaning and disrespectful. He stated that they plan on having a big day on January 1S' in honor of his nephew and he thanked the Congress Middle School for their commemoration event in honor of his nephew. Ernest Mignoli spoke about where he lives and that he is a credentialed press person. He asked why he comes here and is in fear. He said that they are all in fear of coming to the meetings. 4 Meeting Minutes City Commission Meeting Boynton Beach, FL December 6, 2022 Virtual Hands: 2 people; one did not answer. Shannon Thompson, Stanley Dale Davis' mother, thanked Congress Middle School for their commemoration and the bench that they had in his honor. She spoke about the pending lawsuit that the attorney spoke about and honoring a child, and said that it does not make sense why they cannot honor him because of it. She asked what the purpose is of people coming to the meeting if nothing gets addressed or followed up on. Mayor Penserga stated that his position is that he is not okay for these microphones to be used to attack anyone in the City, and that we need sensible guidelines for what is acceptable. Commissioner Turkin stated there has been some dialogue regarding an encroachment issue in Forest Park that needs to be resolved before moving forward with anything. Andrew Mack, Deputy City Manager, stated that they need to meet with the Church and he explained the next steps. Mayor Penserga asked for an update from staff. 5. Administrative A. Review and approve the proposed Commission Meeting Schedule for 2023. Mayor Penserga stated that these are sensible dates. Kathryn Matos, Assistant City Manager, provided an overview and what was considered. There was consensus from the Commission on the meeting schedule. B. Discuss use of Community Support Funds Commissioner Kelley discussed the Holiday Dinner Baskets and assisting families in the area. She stated that she would like to donate $500 to the food drive that will be given to the Friends of the Library to support this initiative. Mayor Penserga stated that he would like to allocate $500 of his funds to the Holiday Dinner Baskets. Commissioner Turkin stated that he would like to allocate $500 to Shop with a Cop. Mayor Penserga stated that he would like to allocate $500 to Shop with a Cop. Commissioner Turkin mentioned that the Shop with a Cop was on Good Morning 5 Meeting Minutes City Commission Meeting Boynton Beach. FL December 6, 2022 America. There was consensus on these items. Commissioner Hay said that he would like to allocate $500 to these two initiatives as well. 6. Consent Agenda A. Approve the one-year extension for RFPs/Bids and/ or piggy-backs for the procurement of services and/or commodities under $100,000 as described in the written report for December 6, 2022 - "Request for Extensions and/or Piggybacks." B. Accept the written report to the Commission for purchases over $10,000 for the month of October 2022. C. Proposed Resolution No. R22-172- Approve and authorize the City Manager to sign Community Development Block Grant Subrecipient Agreements, with Boynton Beach Faith-Based Community Development Corporation, Inc., to provide housing related activities. D. Proposed Resolution No. R22-173- Approve and Authorize the City Manager to sign the Subrecipient Grant Agreement, and subsequent amendments to the agreement for the San Castle Neighborhood Improvement Project funded by the Department of Economic Opportunity (DEO) in the amount of $16,500,000. E. Proposed Resolution No. R22-174- Approve the Building Division Fee schedule to establish new fees for the Building Recertification Inspection Program, eliminating electronic plans service fees and modifying private provider refund calculations. F. Proposed Resolution No. R22-175- Approve and authorize the Mayor to sign a Purchase and Sale agreement between the City of Boynton Beach and Howard Brown for a vacant parcel located at 319 NE 12th Avenue. G. Accept FY21/22 fourth quarter report on operations of the Schoolhouse Children's Museum. H. Proposed Resolution R22-176- Approve and authorize the City Manager to sign an amendment to the current agreement with Motorola Solutions Company to provide the City of Boynton Beach with a $1,303,256.50 Technology Credit for PremierOne cloud hosted/on-premise solution to the Computer Aided Dispatch (CAD), Records Management System (RMS) 6 Meeting Minutes City Commission Meeting Boynton Beach, FL December 6. 2022 and Mobile Reporting solutions as well as ancillary products and services. I. Proposed Resolution R22-177 Authorize the Mayor to sign the Subordination of Utility Easement Interests for Parcel 100.4 for the Florida Department of Transportation (FDOT) 1-95 and Boynton Beach Boulevard Interchange Improvements project. Proposed Resolution R22-178- Authorize the Mayor to sign the Subordination of Utility Easement Interests for Parcel 102.3 for the Florida Department of Transportation (FDOT) 1-95 and Boynton Beach Boulevard Interchange Improvements project. Proposed Resolution R22-179- Authorize the Mayor to sign the Subordination of Utility Easement Interests for Parcel 107.4 for the Florida Department of Transportation (FDOT) 1-95 and Boynton Beach Boulevard Interchange Improvements project. Proposed Resolution R22-180- Authorize the Mayor to sign the Subordination of Utility Easement Interests for Parcel 109.4 for the Florida Department of Transportation (FDOT) 1-95 and Boynton Beach Boulevard Interchange Improvements project. Proposed Resolution R22-181- Authorize the Mayor to sign the Subordination of Utility Easement Interests for Parcel 117.3 for the Florida Department of Transportation (FDOT) 1-95 and Boynton Beach Boulevard Interchange Improvements project. J. Approve minutes from the November 14, 2022 City Commission Meeting. Mayor Penserga pulled items 6D and 6H. Commissioner Kelley pulled item 6G. Motion: Vice Mayor Cruz moved to approve the consent agenda. Commissioner Hay seconded the motion. The motion passed unanimously. Item 6D - Proposed Resolution No. R22-173 - Approve and Authorize the City Manager to sign the Subrecipient Grant Agreement, and subsequent amendments to the agreement for the San Castle Neighborhood Improvement Project funded by the Department of Economic Opportunity (DEO) in the amount of $16,500,000. City Engineer Gary Dunmyer spoke about drainage, utilities and roadway improvements as follows: project overview; project purpose; showed flooding pictures and bad road 7 Meeting Minutes City Commission Meeting Boynton Beach. FL December 6, 2022 conditions; work to be completed; potable water system; sanitary sewer system; budget; area of benefit; median household income. Mayor Penserga thanked staff for getting the grant. Commissioner Hay stated that it is an excellent project, and he looks forward to more projects. He mentioned a sewage problem at a residency and thanked staff for resolving it in the same day. Deputy City Manager Mack spoke about the water backup that happened. Motion: Vice Mayor Cruz moved to approve Resolution No. R22-173. Commissioner Hay seconded the motion. The motion passed unanimously. Item 6G - Accept FY21/22 fourth quarter report on operations of the Schoolhouse Children's Museum. Commissioner Kelley asked for an update on attendance since Covid. Suzanne Ross, online, stated that their best year was 2017 and 2018. She said that last fiscal year was only about 13% past the mark of those years, and that with this year, there have been more people in since October. She commented that if they remain on track for this fiscal year, they could be about 10% ahead of their best year. She spoke about their capacity in the building and that they have reached capacity several times, and other challenges that they face. Commissioner Kelley thanked her for the report and said that she is encouraged to hear that attendance is up. Motion: Commissioner Kelley moved to accept FY21/22 fourth quarter report on operations of the Schoolhouse Children's Museum. Commissioner Hay seconded the motion. The motion passed unanimously. Item 6H - Proposed Resolution R22-176- Approve and authorize the City Manager to sign an amendment to the current agreement with Motorola Solutions Company to provide the City of Boynton Beach with a $1,303,256.50 Technology Credit for PremierOne cloud hosted/on-premise solution to the Computer Aided Dispatch (CAD), Records Management System (RMS) and Mobile Reporting solutions as well as ancillary products and services. Chief Joe DeGiulio spoke about the records management system and what they 8 Meeting Minutes City Commission Meeting Boynton Beach, FL December 6. 2022 previously had. He said that they looked at new systems and the credit that they received can be used towards a new system. Motion: Commissioner Hay moved to approve Resolution No. R22-176. Commissioner Turkin seconded the motion. The motion passed unanimously. 7. Consent Bids and Purchases over $100,000 A. Approve the one-year extension for RFPs/Bids and/ or piggy-backs for the procurement of services and/or commodities over $100,000 as described in the written report for December 6, 2022 - "Request for Extensions and/or Piggybacks." B. Proposed Resolution No. R22-182- Approve and authorize the City Manager to sign a piggyback Agreement for the purchase OT Cyber and Network Design Services from GrayMatter Systems, LLC of Warrendale, PA in the amount of $71,205 utilizing Collier County contract 17-7189 and Approve and authorize the City Manager to sign a piggy-back Agreement for the purchase of network equipment from GrayMatter Systems LLC of Warrendale, PA in the amount of $313,529.55 utilizing GSA schedule 47QSWA18D008F. The Collier County and GSA contracts comply with the City of Boynton Beach's competitive bid requirements. Motion: Commissioner Hay moved to approve the Consent Bids and Purchases over $100,000. Commissioner Kelley 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. A. Proposed Ordinance No. 22-025 - Second 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. City Attorney Cirullo read Ordinance No. 22-025 by title. Adam Temple, Assistant City Manager, gave an overview on the item. He said that 9 Meeting Minutes City Commission Meeting Boynton Beach. FL December 6. 2022 there have been no changes since first reading. He stated that this is a result of the tragedy that happened in Surfside, Florida. He explained the inspections that will be necessary with this ordinance. Mayor Penserga asked what happens if someone failed. Assistant City Manager Temple stated that they would go through an enforcement process and explained what would happen. Mayor Penserga asked about the impact on current buildings that have not met the 25 years but are unsafe. Assistant City Manager Temple explained that the program is for structures within the limited criteria. He stated that there is an unsafe structure process that allows the City to address concerns. Commissioner Hay asked if they would take into consideration the location of where the buildings are, due to the salt damage of properties closer to the water. There was further discussion regarding prioritization of which structures will need to be inspected. Public Comment: Darrin Cunningham stated that his concern is that it was not codes that failed, it was corruption. He asked what mechanisms we have in place to safeguard against corrupt builders. Susan Oyer said that it is not strict enough and it should be 10 and 20 years, and that we should be leaders in this. Virtual Speakers: None. Assistant City Manager Temple stated that the City has taken a leadership position, taking a more stringent requirement. He spoke about this not being complete at the State level, and that the Senate Bill does address the concerns regarding corruptions. Commissioner Kelley asked if they had a number of buildings that fall under the 25- year requirement. Assistant City Manager Temple stated that he did not have a breakdown with him, but they have identified all of the structures, and the State will be providing information to them as well. Commissioner Hay asked about best practice and if there is a specific number that 10 Meeting Minutes City Commission Meeting Boynton Beach, FL December 6, 2022 other cities have placed. Assistant City Manager Temple responded that 25 years seems to be a magic number and that the Senate Bill has a 30-year requirement for properties 3 miles from the coast, but theirs is 25 years Citywide. Motion: Commissioner Turkin moved to approve Ordinance No. 22-025. Commissioner Hay seconded the motion. In a roll call vote, the motion passed unanimously. Assistant City Manager Temple spoke about the next steps. 9. City Manager's Report- None 10. Unfinished Business A. Amend ARPA Small Business Assistance Grant Program guidelines and funding from $345,000 to $350,000. Mayor Penserga stated that most of these items were initiated by the prior Commission. He explained what the different ARPA Funds are for, and which items will need to come back to the Commission with an agreement. John Durgan, Economic Development Manager, explained about the history of this item, and what amendment they are requesting. He spoke about the ARPA Small Business Assistance Grant Program as follows: overview and funding amount; eligible uses- revenue loss mitigation, facilities, and business planning; eligibility requirements; additional program guidelines and anticipated launch; and questions. Mayor Penserga asked Mr. Durgan what criteria is considered for applicants. Mr. Durgan stated that what they mainly look for is a business that had a major loss of revenue during Covid. Mayor Penserga asked about oversight and if the businesses report back to him. Mr. Durgan stated that it will be in the agreement that they have to report what they use the funds for. Commissioner Hay stated that he would like to prioritize those that have not received funding from CRA, the City, or the County. Vice Mayor Cruz that she would like to prioritize those that have not received funding from anywhere else and focus on business in the entire City. 11 Meeting Minutes City Commission Meeting Boynton Beach, FL December 6. 2022 Commissioner Turkin agreed. Commissioner Kelley agreed with the Commission. She said that $10K is not a lot, and asked what is the average amount that is being requested. Mr. Durgan stated that there is already a set limit, so they do not know what the average is, but typically the loss is greater than $10K that is being reported. Commissioner Kelley stated that she does not want to limit it to $10K, if there is a greater need. She mentioned that the County is doing $25K and CRA is doing $10K. Mayor Penserga asked what number she would be comfortable with. Commissioner Kelley said that she is thinking $20K. Mayor Penserga said that he is comfortable with $20K and would add that they increase the total amount, and for staff to consider why the businesses were not able to get other funding. Vice Mayor Cruz agreed with the $20K, but said that they are decreasing the number of businesses that get the help. She spoke about possibly doing another pilot program if this is successful. She mentioned that sometimes the businesses did not have the staff or knowledge to fill out the grants, and it would be helpful to have staff that helps the businesses through the grants. Mr. Durgan explained that they are hiring one person right now and are looking to hire someone else. Commissioner Hay asked how many businesses were supported the last time they had this program. Mr. Durgan stated that there were no applications received the first time around, but he believes that there will be more than 30 businesses so he estimates that there will be about 40-50 applicants. There was discussion regarding the following: how many businesses will be helped; the types of businesses that are being helped; having a tier system similar to the CRA; tiering the businesses based off of loss revenue; going from $350K to $1.2 million in funds; this being a pilot program and getting it started; CRA Grant Program being extended to the City with these funds; and the difference between the CRA tier system and this one. Mr. Durgan said that the only difference is that the CRA is a commercial buildout, and the ARPA funds have to be Covid related costs. 12 Meeting Minutes City Commission Meeting Boynton Beach. FL December 6, 2022 Vice Mayor Cruz asked if Mr. Durgan could come to the next meeting with the tiers and the amount that will be given for each tier. Mr. Durgan responded that he can do that and bring that back. Mayor Penserga stated that there was consensus for the following: raise cap up to $20K, prioritize small business that did not get Covid funds; funds will be available to businesses throughout the City, not just CRA region; consider revenue loss for the tier system; and total amount being capped can be based off of what staff comes back with. B. Approve the use of ARPA funding in the amount of$848,500 to the School District of Palm Beach County on behalf of Boynton Beach's nine (9) public schools. The funding will be allocated accordingly and sub-recipient agreements which will be brought back to Commission for final approval: Freedom Shores Elementary Forest Park Elementary Poinciana STEM Elementary Galaxy E3 Elementary Crosspointe Elementary Rolling Green Elementary Citrus Cove Elementary Congress Middle Boynton Beach Community High Mayor Penserga stated that there were only a couple of schools that previously received funding from the City. He explained that the schools have made significant progress since Covid. He mentioned that $5k will not make a big difference, and he is requesting $100K to each of the schools, and that it would be a game changer for every school. Commissioner Turkin stated that this is great, and he is in support of it. Dr. Peter Licata, Regional Superintendent, stated that he is a Boynton Beach resident, and he manages and runs 61 schools. He said that the schools in Boynton Beach were part of the most disadvantaged groups, and they are on the cusp of doing something unique. He commented that the teachers are exhausted, and there are pieces that are missing. He said that they will sit down with the principals and make the decisions on what they will spend the money on, that will help the schools become higher graded schools. Vice Mayor Cruz stated that she met with the principal at Congress Middle School and Boynton Beach High School, and she explained the tours that she had. She said 13 Meeting Minutes City Commission Meeting Boynton Beach, FL December 6. 2022 that a lot of the things she saw in the schools will not attract people to Boynton Beach. She wants to make sure that Congress Middle School gets a new Piano. She spoke about the Boynton Beach High School needing shade in their courtyard. She asked for the Commission to be on the oversight committee. Mr. Licata explained that improving morale and culture is significant. He said they would treat the funds respectfully. Commissioner Hay stated that if we do not invest in our kids, what are we here for. He said that maybe they can encourage other cities to do the same thing and give funding to the schools in their City. He spoke about replacing some of the equipment at the different schools. Mr. Licata spoke about running some of the programs that they have in the different schools. He mentioned the new assessment programs that they will be going through. Commissioner Hay asked if there is common strain throughout the schools. Mr. Licata stated that math has been hit hard. Commissioner Kelley stated that this is a unique opportunity to support our kids, and she is excited to see what the schools come up with, and would love an update on what they use the funding for. Mr. Licata stated that they are 1 to 1 for each child with computers, and if a school does not have the funding for the computers, a kid might have to wait a few days for a computer, which would delay their learning. Commissioner Kelley spoke about improving the broadband for students and staying on top of that need for them. Mr. Licata stated that he can get the data and submit it to the Commission. There is consensus from the Commission to bring the agreements back. Motion: Commissioner Turkin moved to approve use of ARPA funding in the amount of $848,500 to the School District of Palm Beach County. Commissioner Kelley seconded the motion. The motion passed unanimously. C. Approve the use of ARPA funding in the amount of $350,000 to develop and implement the Boynton Beach Internship Program for high school and college students. 14 Meeting Minutes City Commission Meeting Boynton Beach, FL December 6, 2022 Kathryn Matos, Assistant City Manager, stated that this is a game changer, and this is an opportunity to put Boynton Beach on the map. She said that this would cover juniors and seniors in high school, college students, and recent graduates. She gave kudos to staff for their help in this program. Vice Mayor Cruz asked if it included recent graduates, and if it could be a year out. She asked what they could do as an intern. Danielle Goodrich, Deputy Director Human Resources and Risk Management, spoke about the different opportunities that they would have in every department. Commissioner Kelley stated that this is a great opportunity and spoke about kids not knowing what jobs are being done in the City. Commissioner Hay commented that this internship program is long overdue, and if he could be of help, he is happy to do so. Mayor Penserga requested that we prioritize Boynton Beach students. He stated that he found out about a staff member that went from cleaning to an administrative assistant. Commissioner Turkin requested that Veterans be prioritized too. Vice Mayor Cruz stated that she would like to include people that graduated in 2020 and forward because Covid did not allow a lot of people to have these opportunities. Public Comment: Cindy Falco Di Corrado stated that she is all for students, but there are many middle- aged people and seniors that are displaced as well. She asked where the money is coming from and if their taxes are going to go up. Virtual Speakers: none Motion: Commissioner Hay moved to approve the use of ARPA funding in the amount of$350,000 to develop and implement the Boynton Beach Internship Program for high school and college students and Veterans. Vice Mayor Cruz seconded the motion. The motion passed unanimously. Vice Mayor Cruz asked that the funding be clarified. Assistant City Manager Matos stated that the ARPA funds come from the Federal government. 15 Meeting Minutes City Commission Meeting Boynton Beach, FL December 6, 2022 D. Approve the use of American Rescue Plan Funds in the amount of$50,000 to go to the Wounded Veterans Relief Fund. A sub-recipient agreement will be brought back to Commission for final approval. Commissioner Turkin stated that he brought this up at the previous meeting. Mike Durkin, Executive Director Wounded Veterans Relief Fund, said that he is a combat Veteran and now he runs the Wounded Veterans Relief Fund. He explained what they help Veterans out with. He stated that they would like to help out with housing for Veterans. Mayor Penserga asked how they identify where the Veterans are. Mr. Durkin stated that they mostly come from the VA, and there are criteria to be able to help them. He said that these funds will be earmarked for Boynton Beach Veterans. Vice Mayor Cruz asked if they could support other Veterans in addition to the wounded ones. Mr. Durkin spoke about the criteria that the wounded Veterans have to meet. Mayor Penserga stated that he would like to prioritize Boynton Beach residents, but not limit it to them. He said that he would like to hear about the stories of where these funds are going to. Commissioner Turkin stated that this organization is great, and he told a story about a single mom that was homeless that now works with them and has a home. Motion: Commissioner Turkin moved to approve the use of American Rescue Plan Funds in the amount of $50,000 to go to the Wounded Veterans Relief Fund. Commissioner Hay seconded the motion. The motion passed unanimously. City Manager Dugger stated that the stories can be sent to him. 11. New Business A. Presentation by Mario Guzman, Director of Public Works and Poonam Kalkat, Director of Utilities on the status of infrastructure within the City. Mario Guzman, Director of Public Works, stated that he would like to have a workshop regarding this. He said that they have projects that are shelf ready, just waiting for funding. 16 Meeting Minutes City Commission Meeting Boynton Beach, FL December 6, 2022 Mayor Penserga stated that he asked for this presentation to see what the needs are, to them prioritize the projects, and see what funds they need. Mr. Guzman spoke about the Public Works & Utilities Infrastructure Update as follows: public works infrastructure analysis; paving needs; sidewalks; pedestrian connectivity; structures; facilities; and Public Works Compound. Mayor Penserga asked if there is any money set aside at all for the Public Works Compound. Mr. Guzman responded no, there is no funding for it, but this is needed. He continued his presentation as follows: additional facilities; parks needs; miscellaneous; recap & funding; and questions. Mayor Penserga said that he would like to see a priority list of the projects that are on the verge of happening and to consider all parts of the City. Commissioner Kelley stated that it nice to have a true idea of what the improvement needs are, so that they can plan accordingly. She said that he agrees with the Mayor on a priority list. She asked to know what is already being funded, and what are wants and needs. Commissioner Turkin said that a lot of this stuff is eye opening. He spoke about what other cities are using the ARPA funds for. He said that we need to figure out how to make more revenue and apply for more grants. Mr. Guzman stated that Tess has been doing a great job with helping to get grants. Vice Mayor Cruz thanked staff and said that this makes her think about how much money they do not have. She spoke about having a pier on the beach in the future. She said that there will be about $2 million dollars towards a communication tower that is needed, and we should secure that money, just in case we do not get the grant that was applied for. Commissioner Hay concurs with the Commission. He stated that he would like a real list to come back so that it can be prioritized. He asked on scale from 1-10 with 10 being the worst, how bad are the bridges. Mr. Guzman said that the bridges are safe but said they are at a 6. He stated that it would take a few years to actually get the repairs done. He said that this is them being proactive, and that the sidewalks are a priority. Commissioner Hay stated that many students have to walk on the street, and he wants everyone to be safe that are walking on the road. He asked how they determine 17 Meeting Minutes City Commission Meeting Boynton Beach. FL December 6, 2022 the priority. Mr. Guzman stated that sidewalks that have cracks are easy to fix, but many are nonexistent. He stated that they have more needs than wants. Poonam Kalkat, Utilities Director, stated that she wanted to bring a vastness of what they need. She spoke about the following: City boundary and service area map, and budget; and distribution system and reclaimed water system. Mayor Penserga asked if there is a map of where the oldest pipes are. Ms. Kalkat stated that we have GIS of where the pipes are, but they are working on making it better. She continued her presentation as follows: sewer collection system; lift stations; stormwater; east water treatment plant and west water treatment plant; water meters and district energy service chiller plant; monitoring tools; prioritization criteria for projects; projects completed 2015-2022; projects scheduled 2022-2027; and planned studies. Mayor Penserga asked for the priority list from Utilities as well. The Commission thanked staff for their presentation. Ms. Kalkat stated that they are looking at different funding sources. 12. Legal A. Proposed Ordinance No. 22-024- First Reading - Approve the establishment of the Mixed-Use Downtown (MU-DT) zoning district (CDRV 22-004) amending Part II Land Development Regulations Chapter 3. Art III. Sec 1.E (Table 3-4). Mixed Use Urban Building and Site Regulations and Sec 5.C.1. Building and Site Regulations (Table 3-22). City Attorney Cirullo read Ordinance No. 22-024 by title into the record. Amanda Radigan, Planner, stated that the ordinance has evolved since they first met. She spoke about the proposed amendment to urban mixed-use. Commissioner Turkin recommended going to 60 in density instead of 70. Commissioner Hay stated that he does not have a problem with the density at 70. Vice Mayor Cruz asked how much more density a builder can add in addition to what is decided today. 18 Meeting Minutes City Commission Meeting Boynton Beach, FL December 6, 2022 Ms. Radigan explained that it is 25% above density, but she mentioned that there is an overall buildable maximum. She commented on half units, which is a workforce strategy. Vice Mayor Cruz asked about affordable housing and requirements to builders. Ms. Radigan explained the different programs builders can opt into for affordable housing. Vice Mayor Cruz said that she would like to remove the "pay in lieu of" option. Mayor Penserga asked how they came up with 70 du/ac. There was discussion regarding the density of 70 du/ac; participation of workforce housing program; and payment in lieu of or additional density program. Commissioner Kelley stated that she is comfortable with 70 density. Vice Mayor Cruz supports a density of 60. Commissioner Hay supports a density of 70. Commissioner Kelley said that if it was due to infrastructure instead of a negotiation tool, she would be behind a density of 60. Ms. Radigan stated that every new property goes through a concurrency review and that there are impact fees that are built into the cost. Commissioner Turkin said that the majority of the new district, is in his district, and the residents do not like more density because of traffic. He stated that he sees a win-win with reducing density. He spoke about the issues with calls to service in different areas of the City. Vice Mayor Cruz asked about the affordable housing fee and how can we spend those funds. She said that she agrees with 60 density. Mayor Penserga stated that he did not ask about the implications of going with 60, and that 70 is a compromise between 60 and 80. He stated that he is going to support current staff recommendations. Commissioner Hay agrees with that logic, but he is not set on it. He said that he will go with staff recommendation. Motion: 19 Meeting Minutes City Commission Meeting Boynton Beach, FL December 6, 2022 Commissioner Turkin moved to approve Ordinance No. 22-024 on first reading with a density to be 60 units per acre. Vice Mayor Cruz seconded the motion, for discussion. Vice Mayor Cruz stated that she understood that whether it was 60 or 70, it would be within the same zoning district, and asked if it changes anything legally. City Attorney Cirullo said that they are establishing the rules now, so there is nothing illegal. Ayes — Commissioner Turkin, Vice Mayor Cruz Nays — Commissioner Kelley, Commissioner Hay, Mayor Penserga In a roll call vote, the motion failed. Motion: Commissioner Hay moved to approve Ordinance No. 22-024 on first reading as is. Commissioner Kelley seconded the motion. Ayes - Commissioner Kelley, Commissioner Hay, Mayor Penserga Nays — Commissioner Turkin, Vice Mayor Cruz In a roll call vote, the motion passed 3-2. Commissioner Turkin asked if when this gets to second reading, can it be amended. City Attorney Cirullo responded yes, it would not need to go back to first reading. Commissioner Hay said for everyone to enjoy their holidays. Commissioner Kelley asked to add an update on Ecopark to Future Agenda Items and updating the affordable housing ordinance. 13. Future Agenda Items A. Continued discussion regarding a potential park in Leisureville and creating a Restrictive Covenant on this parcel, requested by Vice Mayor Cruz. - January 2023 B. Discussion regarding American Rescue Plan Funds, requested by Mayor Penserga. - January 2023 C. Continue discussion on adding a new sister city based on recommendations from Boynton Sister Cities. - January 2023 20 Meeting Minutes City Commission Meeting Boynton Beach, FL December 6, 2022 D. Consider revised local rules for approval. - January 2023 E. Legal options for preserving the future park site in the Meadows subdivision as green space, requested by Commissioner Kelley. — TBD F. 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 14. Adjournment Motion: Commissioner Kelley moved to adjourn the meeting. Commissioner Hay seconded the motion. The motion passed unanimously. There being no further business to discuss, the meeting was adjourned at 10:45 P.M. CITY OF BOYNTON BEACH ...` ATTEST: . ooIWONB��� 7 .a, way S1.Y ( ( So:RNi TVlaylee me J-• "s, MMC : �N�004-Q :• �' City Cle k ate 19 1 ``% FLORA- 21