Loading...
Minutes 04-21-20 MINUTES OF THE CITY COMMISSION MEETING HELD ONLINE VIA THE GOTOWEBINAR PLATFORM BOYNTON BEACH, FLORIDA ON TUESDAY, APRIL 21, 2020, AT 5:30 P.M. Steven B. Grant, Mayor Lori LaVerriere, City Manager Ty Penserga, Vice Mayor James Cherof, City Attorney Justin Katz, Commissioner Crystal Gibson, City Clerk Woodrow L. Hay, Commissioner Christina Romelus, Commissioner 1. Openings A. Call to Order Mayor Grant called the meeting to order at 5:31 p.m. John McNally, Information Technology Director, provided information regarding how to participate in the live online meeting. Invocation Commissioner Hay provided the invocation. Pledge of Allegiance Commissioner Romelus led the Pledge of Allegiance to the Flag. Roll Call City Clerk Gibson called the roll. All members were present. B. Proposed Emergency Ordinance No. 20-009 - Approve Emergency Ordinance No. 20-009 renewing and extending Emergency Ordinance No. 20- 008 of the City of Boynton Beach, Florida, authorizing the City Manager to make provisions for electronic attendance by elected and appointed officials at city meetings during periods of a declared public health emergency; providing for public participation by telephonic or electronic means; providing for automatic delay of finality of official action pending public comments; and, providing an effective date. Attorney Cherof read the proposed Emergency Ordinance No. 20-009 by title only into the record, authorizing all City public meetings to be conducted by communication media technology authorizing the City Manager to issue emergency orders or directives or declarations that conform with federal state or County orders directives or declarations, providing for automatic delay of finality of City commission action pending post Commission meeting public comments and providing an effective date. Meeting Minutes City Commission Meeting Boynton Beach, Florida April 21, 2020 Motion Commissioner Hay moved to approve Proposed Emergency Ordinance No. 20-009. Commissioner Romelus seconded the motion, which unanimously passed. City Clerk Gibson called the roll. Vote 5-0 C. Accept the Official Election Results from the March 17, 2020 Municipal Election. City Clerk Crystal Gibson announced the official election results of the March 17, 2020 Municipal election: Commissioner Woodrow L. Hay was elected from District II and Commissioner Ty Penserga was elected from District IV. Motion Vice Mayor Katz moved to accept the official election results of the March 17, 2020 election. Commissioner Romelus seconded the motion, which unanimously passed Nomination of Vice Mayor Motion Commissioner Romelus nominated Commissioner Penserga as the Vice Mayor. Commissioner Hay seconded the motion, which unanimously passed. Swearing in of Vice Mayor City Clerk Gibson administered the oath to Commissioner Penserga as Vice Mayor for the City of Boynton Beach. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Grant requested to moved Item 3-A before item 1-D the convening of the CRA special meeting. 2. Adoption Commissioner Katz moved to approve the agenda as amended. Commissioner Hay seconded the motion. 2 Meeting Minutes City Commission Meeting Boynton Beach, Florida April 21, 2020 Vote The motion unanimously passed. Item 3-A (Being heard out of Sequence) Senator Lori Berman and Representative Joseph Casello will provide an update on the recent legislative sessions. Senator Lori Berman announced it was a tough time for all, but the legislature is working diligently, continuing to advocate for the City of Boynton Beach. Senator Berman provided an update on the legislature. There were no changes to the vacation rentals, there was a minor bill regarding growth plans and there was some discussion regarding towing companies accepting credit cards. Explained a bill, which would not limit the amount in ingredient in the sunscreen. She continued to note the budget was one of the best budgets in many years. Noted the teacher increase, Florida Forever Land, affordable housing was fully funded, 3% state employee raises. She indicated many of the items in the budget would be slashed in July. There was a bill, which passed for the blue/green algae, allow nurses and pharmacist to administer testing. Educational budget has been increased. Senator Berman stated she anticipate many reductions to the budget because of the Coronavirus. Senator Berman stated staff is working on unemployment insurance and children who are in the child abuse system. She mentioned about the testing sites in Palm Beach County and getting PPE for the medical facilities. Vice Mayor Penserga thanked Senator Berman for all the work being done in Tallahassee. He asked what happened to the insulin bill. Senator Berman responded the price of insulin has skyrocket and with everything happening with COVID-19, the Bill did not receive traction at this time. The bill was introduced by Senator Cruz. The Bill would have limited the amount charged to $100 per month. Senator Berman stated the Senate Democratic Caucus has written a letter to the President and Governor asking to expand Medicaid to include more people in the coverage. Commissioner Hay thanked Senator Berman for the report, indicated the nursing homes seem to be bearing the brunt of the COVID-19 disease. Senator Berman stated the governor released the name of the nursing homes, and her office has contacted the nursing homes and inquired if they need help. Most nursing homes have a rapid response team available. She stated this was a very big problem. Indicated the health care workers are viewed as heroes, but the nursing home personnel are not being viewed as such. These people are on the frontline and should be honored as well. 3 Meeting Minutes City Commission Meeting Boynton Beach, Florida April 21, 2020 Representative Joe Casello was unable to connect to the meeting. Mayor Grant thanked Senator Berman and indicated he appreciate all the advocacy on behalf of the City of Boynton Beach. D. Recess the City of Boynton Beach Commission Meeting for the CRA Board Special Meeting. Mayor Grant recessed the City of Boynton Beach City Commission meeting at 5:54pm. E. Reconvene the City Commission Meeting. Motion Commissioner Hay moved to reconvene the City Commission Meeting. Vice Mayor Penserga seconded the motion, which unanimously passed. The City Commission meeting reconvened at 7:00 pm. 2. Other A. Informational items by Members of the City Commission Commissioner Katz, Commissioner Hay, Commissioner Romelus and Vice Mayor Penserga disclosed each spoke with Bradley Miller of Bradley Property Management. Mayor Grant disclosed he also spoke with Bradley Miller, and announced he became a father. 3. Announcements, Community and Special Events and Presentations A. Senator Lori Berman and Representative Joseph Casello will provide an update on the recent legislative sessions. (Heard earlier in the meeting) B. Quarterly update by Laura Lansburgh, Marketing Manager, update on the City's Census Marketing Efforts over the past quarter. Laura Lansburgh, Marketing Manager, announced as of April 19, 2020 Boynton Beach Census returned rate is 48%, noted there is still time to be counted in the census. Indicated there are three ways to respond to the Census, Online, telephone and paper forms. Asking the Community leaders to assist the City with their outreach efforts. Ms. Lansburgh stated there are some frequently asked question, which can be found on the City of Boynton Beach website. Remember to count the children. Seasonal residents 4 Meeting Minutes City Commission Meeting Boynton Beach, Florida April 21, 2020 living here on April 1st are to be counted as well. She indicated because of the COVID- 19 many community events were cancelled. City staff is here to help with any questions regarding the Census. Please contact Marketing at 561-742-6010. Commissioner Romelus thanked Ms. Lansburgh for the Census update. 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) Susan Oyer, 140 E. 27th Way, reminded everyone that Earth Day was Wednesday. Don't forget to take the climate action pledge. Commissioner Hay stated there was a challenge to get unemployment forms. He announced the Boynton Beach Coalition of Clergy, working with Bishop Kenneth Jones, has unemployment forms available at Church of God in Christ on Northeast 7th Avenue and 1st Street. Amos, 8200 White Rock, asked when things would get back to normal. Mayor Grant stated everyone would like to have that answer. He stated there is no crystal ball. Mentioned at the CRA meeting, the Governor and neighboring counties to the south are planning to have a phased opening of our society to not overtax certain cities or counties. Lori LaVerriere, City Manager, informed everyone the paper unemployment forms are also available at the Library. The forms are available in three languages and are being replenished when needed. Seeing no other hands raised, Mayor Grant closed Public Audience. 5. Administrative A. Proposed Resolution No. R20-025 - Appoint a City Commission representative and alternate to the Countywide Intergovernmental Coordination Program. Motion Mayor Grant nominated Vice Mayor Penserga to serve as the City's representative and City Manager Lori LaVerriere as the alternate for the Countywide Intergovernmental Coordination Program. Commissioner Hay seconded the motion, which unanimously passed. 5 Meeting Minutes City Commission Meeting Boynton Beach, Florida April 21, 2020 B. Proposed Resolution No. R20-026 - Appoint a City Commission. representative and alternate to the Coalition of Boynton West Residents Association COBWRA. Mayor Grant nominated Commissioner Katz as the delegate and Commissioner Hay as the alternate to COBWRA. Commissioner Romelus seconded the motion, which unanimously passed. C. Proposed Resolution No. R20-027 - Appoint a City Commission representative and alternate to the Palm Beach County League of Cities. Motion Mayor Grant nominated Commissioner Romelus as the City's representative and Commissioner Hay as the alternate. Vice Mayor Penserga seconded the motion, which unanimously passed. D. Proposed Resolution No. R20-028 —Appoint a City Commission representative and alternate to the Transportation Planning Agency (Formally known as the MPO. Metropolitan Planning Organization) Mayor Grant stated he would like to continue in his role as the representative. Motion Mayor Grant nominated Commissioner Hay as the alternate for the Transportation Planning Agency. Commissioner Romelus seconded the motion, which unanimously passed. E. Appoint eligible members of the community to serve in vacant positions on City advisory boards. Mayor Grant announced openings and applicants for each Board. Motion Vice Mayor Penserga nominated Bernard Wright to the Historic Resources Preservation Board (Reg). Commissioner Romelus seconded the motion. Vote The motion unanimously passed. 6 Meeting Minutes City Commission Meeting Boynton Beach, Florida April 21, 2020 Motion Commissioner Romelus nominated Irma Trueheart to the Senior Advisory Board (Reg). Vice Mayor Penserga seconded the motion. Vote The motion unanimously passed. Motion Vice Mayor Penserga nominated Earl Harper to the Senior Advisory Board (Reg). Commissioner Hay seconded the motion. Vote The motion unanimously passed. 6. Consent Agenda Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments Vice Mayor Penserga pulled item G. A. Approve Task Order UT-2D-03 with Calvin Giordano and Associates, in the amount of $82,126.69 in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category D awarded by City Commission on August 7, 2018 to provide professional engineering design services for the drainage improvements and road rehabilitation of Industrial Way. B. Proposed Resolution No. R20-029 - Authorize the City Manager to sign the Disaster Relief Funding Agreement for Federal and State assistance for Hurricane Dorian between the City of Boynton Beach and State of Florida, Division of Emergency Management. C. Approve of top ranked qualifier as determined by the Evaluation Committee from the submissions received in response to the Request for Qualifications 008- 2821-20/TP. 7 Meeting Minutes City Commission Meeting Boynton Beach, Florida April 21, 2020 D. Approve the purchase of ten thousand (10,000) KN95 masks from Galls Inc. via an emergency purchase order authorized by the City Manager to equip our firefighters and police officers, along with other emergency personnel, for the COVID-19 pandemic. The purchase order totaled $50,000. The order is scheduled to ship 4-25-20. E. Proposed Resolution No. R20-030 - Authorize the City Manager to sign a State Grant Agreement with the Florida Department of Health (FDOH) for the purchase and installation of fluoride storage and feed equipment at the City's East Water Treatment facility for a reimbursement amount of up to $213,137.50. F. Legal expenses for March 2020 provided at the request of the City Commission. No action required. G. Accept surtax capital project status and CIP amendment report for the 2nd quarter of fiscal year 2019-20 (January through March 2020). Vice Mayor Penserga indicated he reviewed the list of projects and noticed changes to some of the status and he would like to have an update on Meadows Park. Andrew Mack, Director of Public Works and Engineering, stated he was excited about the Meadows project, continued to say the project has 30% drawings completed. Noted within the next 90 days staff should have a better idea of the final cost. Vice Mayor Penserga requested an update on the Boynton Lakes, the ADA playground equipment, and the sidewalk repair. Mr. Mack responded there is an overall site plan improvement project. These projects and being included in the total site plan. Motion Vice Mayor Penserga moved to approve. Commissioner Hay seconded the motion, which passed unanimously. Motion Commissioner Hay moved to approve the remainder of the Consent Agenda as amended. Vice Mayor Penserga seconded the motion, which unanimously passed. 7. 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 April 07, 2020 - "Request for Extensions and/or Piggybacks. 8 Meeting Minutes City Commission Meeting Boynton Beach, Florida April 21, 2020 B. Approve issuance of a purchase order to Beltmann Group, Inc. in the amount of $90,000.00 to provide relocation services for various departments from their current temporary locations back to their permanent location in Town Square, Police Department, and the Cultural Center in accordance with RFP No. 015-1210-18/IT, "Municipal Complex Relocation". C. Award task order F-19-2020 Fire Station #2 and #4 Kitchen Renovations, part of Bid No. 018-2511-18/IT for Minor Construction Services and authorize the issuance of a Purchase Order to Anzco, Inc. of Boca Raton, FL as the lowest responsive, responsible bidder in the total amount of$110,800. D. Proposed Resolution No. R20-031 - Approve an expenditure request as a result of RFP No. 021-2210-19/IT, installation of vehicle exhaust extraction systems with Rossman Enterprises DBA Clean Air Concepts, for Fire Station 1 at a cost of $59,041.00 and future station costs, including the installation and modifications at Fire Station 2, Fire Station 3, Fire Station 4, and Fire Station 5, for an estimated cost of$186,060.00, a 10% contingency fee of $18,606.00, not to exceed a cumulative total of$204,666.00. E. Approve Task Order UC-01-2020 with McKim & Creed in the sum of $221,392 in accordance with RFQ No. 038-2821-19/TP for Supervisory Control and Data (SCADA) System Programming, Preventive Maintenance and Repair Services as approved by Commission January 21, 2020. F. Approve the purchase of 210 RV55 Sierra Modems and Antennae from Express Radio, Inc through a piggyback of the Broward Sheriffs Office Contract 12-29077/JHJ for a total price of $183,960. The Broward Sheriffs Office Contract meets or exceeds the requirements of the City's procurement policy. G. Authorize the purchase of library furniture, shelving and signage through R. George Associates in the amount of$164,997.59. Motion Vice Mayor Penserga moved to approve the Consent Agenda for items over $100,000. Commissioner Hay seconded the motion, which 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. 9 Meeting Minutes City Commission Meeting Boynton Beach, Florida April 21, 2020 Mayor Grant noted items, A, B, C and D are continued to a future meeting. A. Proposed Ordinance No. 20-002 - Second Reading - Approving the Boynton Beach Mall Rezoning from C-3, Community Commercial, to SMU, Suburban Mixed Use. Applicant: Bonnie Miskel, Esq., of Dunay, Miskel and Bachman, LLP. (The applicant has requested to continue this agenda item to the May 19, 2020 Commission Meeting.) B. Approval of the Master Plan Modification (MPMD 19-004) for the Boynton Beach Mall allowing for the phased conversion to a mixed use or lifestyle center with the reconfiguration of retail space, and the addition of residential, hotel and office uses to the existing movie theater, fitness center and church uses. (The applicant has requested to continue this agenda item to the May 19, 2020 Commission Meeting.) C. Proposed Ordinance No. 20-005 - First Reading - Approve 7-Eleven 101 W. Woolbright Rd, amending Future Land Use Map from Low Density Residential (LDR) and Medium Density Residential (MDR) to Local Retail Commercial (LRC). (This agenda item has been continued to the May 5, 2020 Commission Meeting.) Proposed Ordinance No. 20-006 - First Reading - Approve 7-Eleven 101 W. Woolbright Rd Rezoning from R-1-A Single Family Residential District and R- 2 Single- and Two-Family Residential District to C-2 Neighborhood Commercial District (This agenda item has been continued to the May 5, 2020 Commission Meeting.) D. Approve request for Conditional Use and Major Site Plan Modification (COUS 20-002 / MSPM 20-002) for Southland Corp Tax Dept #1039 to allow redevelopment of an existing convenience store for a new 3,454 sq. ft. convenience store, gas pump islands consisting of six (6) pump stations under a 3,096 sq. ft. canopy, and related site amenities and improvements on a 1.05-acre parcel located at 101 W. Woolbright Road zoned C-3 (Community Commercial). Applicant: Shane Laakso, Creighton Development. (This agenda item has been continued to the May 5, 2020 Commission Meeting.) E. Proposed Ordinance No. 20-007- Second Reading - Establishing the Boynton Beach Community Redevelopment Agency (CRA) sunset date and extending the time certain for the completion of projects described in the Community Redevelopment Plan. Attorney Cherof read the proposed Ordinance No. 20-007 into the record by title only on second reading. 10 Meeting Minutes City Commission Meeting Boynton Beach, Florida April 21, 2020 Motion Commissioner Romelus moved to approve. Commissioner Hay seconded the motion. Clerk Gibson called the roll. Vote 5-0 9. City Manager's Report A. Approve the Boynton Beach COVID-19 Small Business Relief Grant Program and allocate $60,000 ($42,000 remaining in the Commercial Grant Program and $18,000 from Community Enrichment Funds) to provide direct financial relief, to small businesses located within the City of Boynton Beach. David Scott, Director of Economic Development, said the City of Boynton Beach recognizes that small businesses have suffered substantial economic loss due to the COVID-19 pandemic. In response, the City proposes the creation of the Boynton Beach COVID-19 Small Business Relief Grant Program in the amount of$60,000. Funds will provide 20 qualified businesses within the City with $3,000 each on a first-come-first serve-basis. The funds can be used for reimbursement of monthly rent/mortgage, payroll and utility expenses. The grant period is from April 1, 2020 until the Stay-at-home Order is lifted or the end of the fiscal year, whichever occurs first. If approved, funding for this program will come from two sources. The first is the $54,000 the City budgets each year to provide local Boynton Beach businesses with rent reimbursement and commercial interior build-out grants. Those funds are broken down into two rent reimbursement grants for a maximum of$12,000/grant and two commercial interior build-out grants for a maximum of$15,000/grant. A $12,000 rent reimbursement grant has already been dedicated for a local business in FY 19-20, making the remaining $42,000 (reallocated from Business Incubator Grant funding) available for the Boynton Beach COVID-19 Small Business Relief Grant Program. If reallocated, the $42,000 will no longer be available for originally budgeted purposes. An additional $18,000 will come from the Community Enrichment Fund, which is funded by Christ Fellowship on an annual basis and is intended to be used for community-based programs that increase the quality of life for the residents of Boynton Beach. Commissioner Katz wanted to protect the businesses outside the CRA district, since the CRA would be allocating funds for those in the CRA district. Mayor Grant asked if certain businesses could be excluded from the grant. 11 Meeting Minutes City Commission Meeting Boynton Beach, Florida April 21, 2020 Vice Mayor Penserga was in favor of converting this to a grant program. Commissioner Hay inquired about how this program would be marketed. Mr. Scott responded staff would make an announcement on Facebook Live at 1:30 pm; the funding could be available the first week in May. Motion Commissioner Romelus moved to approve, as amended, limiting CRA businesses from accessing City funds. Vice Mayor Penserga seconded the motion, which unanimously passed. Mayor Grant opened to Public Comment. Susan Oyer, 140 SE 27th Way, asked where this information could be found. Mr. Scott provided a telephone number of 742-6014 and a website address of www.WhyBoynton.com. He also provided a contact email address for John Durgan, durganj@bbfl.us. Mayor Grant closed Public Comment. Vote 5-0 10. Unfinished Business - None 11. New Business A. Short presentation and discussion by utility staff regarding Septic Tank Inspections. Joseph Paterniti, Utility Director, indicated septic tank systems are permitted by Palm Beach County. The Florida Department of Environmental Protection (FDEP) has delegated the permitting and monitoring of onsite septic systems to the Palm Beach County Department of Health (DOH). Florida Administrative Code (FAC) 64E-6 outlines the requirements for design, permitting, construction and monitoring septic systems. Mr. Paterniti provided a graphic design of a conventional septic system. Provided the Commission with a list of three residential homes with septic systems within the city limits which are still using a septic system. Mayor Grant noted he would like for this Commission to move forward with determining the cost and possibly having a payment system with any of the residents to put them on to wastewater. 12 Meeting Minutes City Commission Meeting Boynton Beach, Florida April 21, 2020 Colin Groff, Assistant City Manager, said they need to look at the system, to see how much is the cost. Mr. Paterniti stated FL statute allows municipalities who own and have a central system capable of serving a property, to require property owners with functioning onsite systems to connect to the central system within 365 days of notification of availability. Mayor Grant indicated he would like to move forward with the cost analysis for the three residents within the City limits to have the septic tanks removed. B. Discuss CBD oil and its impacts on the City's Drug-Free Workplace Policy as requested by Mayor Grant. Julie Oldbury, Director of Human Resources and Risk Management, provided information regarding CBD oil, THC testing and the various unions. Employees are responsible for what is put in their bodies. Mayor Grant inquired if the City has a zero tolerance policy. Ms. Oldbury stated the majority of CBD products are not regulated by the Food and Drug Administration (FDA); therefore, there is no guarantee of what is in (or not in)the product. Employees who use CBD products are using them at their own risk, because if the CBD product an employee uses turns out to contain more than the legally permissible amount of THC, an employee may have a positive drug test result and then be in violation of the City's Drug-Free Workplace Policy. One of the City's Medical Review Officers (MRO)that we use for our drug-testing program provided the following guidelines regarding three different types of CBD oil: 1. Full Spectrum CBD — Contains small amounts of THC and can trigger a positive drug test result if large amounts are used. 2. Broad Spectrum CBD — Contains all the benefits/chemicals of Full Spectrum CBD, but no THC. This will not trigger a positive drug test result. 3. Distilled CBD — Contains only CBD (no other chemicals) and does not contain THC. This will not trigger a positive drug test result. Attorney Cherof stated it does not apply to zero tolerance; this would be determined by the medical director as well as the Human Resources. The concept of zero tolerance is a term that's used often, but it does not really apply when an employee tests positive. There is always a follow-up procedure with the medical director in certain cases with the City's HR department and with legal to determine if the individual who tested positive may have tested positive for some reason unrelated to illegal drugs. There is a safety net for the employee that is initiated by inquiry, usually starting with the HR department. Ms. Oldbury indicated the City has a Drug-Free Workplace Policy, which has been negotiated with each Collective Bargaining Unit, with minor modifications to the random drug testing requirements. 13 Meeting Minutes City Commission Meeting Boynton Beach, Florida April 21, 2020 Vice Mayor Penserga stated, CBD is not addictive. He thanked the Attorney for clarification. Mayor Grant stated Boynton Beach is a drug free workplace. C. Proposed Resolution No. R20-032 - Authorize issuance of a not to exceed $43 million principal amount of Taxable Utility System Refunding Bond, Series 2020A in order to refund a portion of the City's Utility System Revenue Bonds, Series 2012 and not to exceed $11 million principal amount of Tax Exempt Utility System Refunding Bond, Series 2020B in order to refund all of the City's Utility System Revenue Bond, Series 2018. Mayor Grant read proposed Resolution No. R20-032 into the record. He requested an update from Finance. Mara Frederiksen, Director of Financial Services, replied with the new interest rates, the City's net percentage value saving would be about$1.5 million: $1.2M on 2012 and $6M on 2018. The 2012 Bonds have interest rates ranging from 3.625%- 5.000%. The 2020A Bond will have an initial taxable interest rate of 2.56% with the ability to convert to a tax- exempt interest rate of 2.09% no more than 90 days prior to November 1, 2021. It is structured in this manner due to tax law restrictions that prevent a tax-exempt refunding more than 90 days prior to the Series 2012 call date(November 1, 2021). The 2018 Bond has an interest rate of 3.60%. The 2020B Bond will have a tax-exempt interest rate of 2.16%. By completing both refunding, the City will pay the 2012 Bonds off two years early and the 2018 Bond off three years early and still reduce the annual debt service payments. Mayor Grant thanked Ms. Frederiksen for savings to the city and our taxpayer's money. Motion Vice Mayor Penserga moved to approve. Commissioner Hay seconded the motion, which unanimously passed. D. Discussion concerning adding gender neutral signage to available single occupancy restrooms within the City. Vice Mayor Penserga gave some prepared remarks. Noted it was safe to say that the City of Boynton Beach takes great pride in the work that our city staff has already done to make this city more inclusive, respectful and accommodating of all of our residents - whether referring to a very robust non-discrimination policy or with steps that were taken to achieve ADA compliance. The City has achieved excellence in that direction or leading the way in building a progressive and modern city and what he was proposing tonight. He believed this was a natural extension of that work. He was seeking the support of all 14 Meeting Minutes City Commission Meeting Boynton Beach, Florida April 21, 2020 of his fellow Commissioners to direct the City Manager to designate all city-owned single- occupancy bathrooms as gender neutral. Mayor Grant supported the gender neutral, single occupancy restrooms. He wanted to make sure there were no ramifications against the City and learned there was no recourse. Commissioner Hay asked about the cost to private businesses and locks. Vice Mayor Penserga clarified that the request tonight is specifically for city-owned single- occupancy bathrooms, not to impose on outside businesses. Vice Mayor Penserga was not aware of any single occupancy bathroom, which does not have locks. Commissioner Katz supported the gender neutral signage. Vice Mayor Penserga noted the significant impact in the lives of people particularly of the transgendered neighbors and co-workers. He believed this was important to add: transgender people are just like any of you and me except that they were assigned a gender at Birth that doesn't match who they really are now. Many have described it as kind of like being trapped in someone else's body. Vice Mayor Penserga continued to say if anyone could imagine the fear, the loneliness constant bullying throughout their lives and we all know what that can do to a person often vilified in the media harassed, being dragged out a bathroom. When all they really want like you and me, just to be left alone so they can do their business, literally. Commissioner Katz stated he was in full support of the gender neutral bathroom. He expressed in his time working in the school district to the best of his recollection all the single occupancy bathrooms were gender neutral. Commissioner Katz stated the bathrooms in our temporary buildings would not be included. Motion Vice Mayor Penserga moved to direct the City Manager to designate all city-owned single- occupancy bathrooms as gender-neutral using the signage shown as Exhibit A with the exception of bathrooms in the City of Boynton Beach temporary buildings. Commissioner Hay seconded the motion, which unanimously passed. Mayor Grant opened to Public Comment. April Radcliff, City Resident, thanked the City Commission for this item and said it will benefit all. It affects not only the transgender community but everyone. Attorney Cherof stated there may be an error in the numbering of item 11-C. Instructed the Clerk to check and revise if needed. Motion Vice Mayor Penserga moved to correct the error if needed. Commissioner Hay seconded the motion, which unanimously passed. 15 Meeting Minutes City Commission Meeting Boynton Beach, Florida April 21, 2020 12. Legal A. Discussion and authorization to terminate Franchise Agreement with FLSC, LLC., for textile recycling program. Attorney Cherof stated FLSC, LLC was in default of the franchise agreement. The City of Boynton Beach has not received any franchise fees. Colin Groff requested to table this discussion so the City could negotiate and work out an alternate agreement. Lori LaVerriere, City Manager, informed the Commission that the original agreement stated 50 containers at $100k a year. FLSC, LLC has placed less than 25 containers and FLSC, LLC would like to renegotiate the contract based on the lower number of containers. Mayor Grant asked Prorate; they tried to place some dumpsters. Ms. LaVerriere indicated if this item is tabled, staff could bring back some recommendations to the Commission. Motion Vice Mayor Penserga moved to table for 30 days to May 19, 2020. Commissioner Romelus seconded the motion, which unanimously passed. Commissioner Hay expressed concern regarding a hot spot for the Coronavirus in the 33435-zip code, which is mainly in District II. Stated there was many cases of the virus in this area and he would like to understand the reasoning. Mayor Grant explained there were many nursing homes as well as hospitals in the affected area. Ms. LaVerriere stated she would have some research and would report back to the Commission. 13. Future Agenda Items A. Mary Lou Bedford, Chief Executive Officer of the Central Palm Beach County Chamber of Commerce will present on member benefits. - May 5, 2020 B. Staff and the Town Square Development team (E2L Solutions and JKM Developers) will present an update to the Commission on the Town Square Project - May 5, 2020 C. The City Commission requested a presentation of the Town Square Opportunity Fair hiring efforts and results. - May 5, 2020. 16 Meeting Minutes City Commission Meeting Boynton Beach, Florida April 21, 2020 D. Consideration of an ILA between the City and CRA for CRA funding of the BB Blvd. Extension Project for $500K. - May 19, 2020. E. Provide update on potential sale of the Nichol's property to Pulte Homes - TBD F. Mayor Grant has requested a discussion on Lake Park's Accessory Dwelling Unit Ordinance — TBD. G. Request by Mayor Grant to discuss Wellington's home-based business regulations. -TBD. 14. Adjournment Motion There being no further business to discuss, Commissioner Katz moved to adjourn. Commissioner Hay seconded the motion. Vote The motion unanimously passed. The meeting adjourned at 8:15 p.m. (Continued on next page.) 17 Meeting Minutes City Commission Meeting Boynton Beach, Florida April 21 , 2020 CITY OF BOYNTON BEACH Mayor - Steven B. Grant lit_= Vice =1170114—'4� '-- •�.�•' 'over– Justin Katz Commission- ;y,/'.w L. Hay „minx* Commission- – Chri ina Romelus ATTEST: l C tal Gibson, MMC City Clerk Queenester Nieves, CMC Deputy City Clerk 18