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Minutes 06-16-20 MINUTES OF THE CITY COMMISSION MEETING HELD ONLINE VIA THE GOTOWEBINAR PLATFORM BOYNTON BEACH, FLORIDA ON TUESDAY, JUNE 16, 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 5:30 p.m. John McNally, Information Technology Director, provided information regarding how to participate in the live online meeting. Invocation Mayor Grant provided the invocation. Pledge of Allegiance Commissioner Christina Romelus led the Pledge of Allegiance to the Flag. Roll Call City Clerk Gibson called the roll. There was a quorum. Agenda Approval: 1 . Additions, Deletions, Corrections Vice Mayor Penserga added an announcement as item 3-D regarding the Census competition among Large Municipalities. Lori LaVerriere, City Manager, requested adding an announcement regarding Firework Safety as item 3-E. 2. Adoption Motion Commissioner Hay moved to approve the agenda as amended. Vice Mayor Penserga seconded the motion, which unanimously passed. Meeting Minutes City Commission Meeting Boynton Beach, Florida June 16, 2020 2. OTHER A. Informational items by Members of the City Commission Commissioner Katz had nothing to disclose. Commissioner Hay said he nothing to disclose. Proud of how the City Manager and Chief of Police handled the issue with the mural at Fire Station 1. Chief Gregory is well loved and respected in the community. Commissioner Romelus said she agreed with Commissioner Hay's comment and agreed with the City Manager's decision and the actions taken involving the mural. Commissioner Romelus said she visited the new Police station and City Hall and was extremely happy seeing the buildings coming out of the ground. Indicated it was an amazing opportunity to see the tangible result of the hard work to get the building from concept to reality. Thanked Colin Groff, Assistant City Manager, and Chief Gregory for the tours. Vice Mayor Penserga echoed what was being said by the other Commissioners. Indicated the City of Boynton Beach is respected around the country and the state as to how they have dealt with the protests. He believed this was largely due to the fact that our Police Department and especially the Police Chief understands the community and makes sure he has fostered a relationship with the citizens. He gave a shout out to Gary Dunmyer, Andrew Mack, and Adam Temple, for being on top of citizens' concerns. Vice Mayor Penserga stated he was looking forward to the racial equity conversation. Mayor Grant said he toured Fire Station 1 on the Northeast side of the community, and the Police Department. On June 3rd, he attended a meeting with U.S. Representatives Hastings, Deteuch, and Frankel as well as the City of Boynton Beach Police Chief Gregory to provide ideas to Congress. He believes there has been a bill passed regarding police reform. On June 6th, Mayor Grant said the City celebrated D-Day and honored veterans. On June 9th, he toured the High School and City Hall. Noted he was extremely pleased with the indoor stage area, which the city could bring in talent and events. On June 10th, he had a conversation with Representative Lois Frankel regarding the hot zones for COVID-19. On June 11th, he attended the Arts Commission meeting. Spoke with local stations regarding the issues with the Boynton Beach Mural. On June 15th, he attended the tree canopy assessment held by the Green Infrastructure and the City Sustainability Coordinator Rebecca Harvey. On June 16th, Mayor Grant said he accepted 1,000 medical masks which were made in Taiwan, from the City partners at Taipei Economic and Cultural office in Miami. These masks are for the city's first responders and anyone who comes to the city meetings. He acknowledged email he received in support of Debby Coles-Dobay. He commented that because of Debby Coles-Dobay, the City has an internationally known art program. Things change, the City Manager has decided to move on in a different direction and the Commission supports the City Manager 2 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 16, 2020 in her decision. Thanked Wally Majors, Director of Parks and Recreation, for his many years of service to the City of Boynton Beach. Lori LaVerriere, City Manager, stated Wally Majors served the city for 34 years. Commissioner Romelus requested the City Manager to provide updates on COVID-19 especially in the 33435 hot zones. Ms. LaVerriere indicated she would be provided an update once or twice a week and include in the agenda under City Manager report. Commissioner Hay asked about opening up the Recreational Program. Mayor Grant indicated Palm Beach County has opened Recreational Leagues. Lori LaVerriere stated they are working with the Bulldogs, stated Kacy Young has been in contact with the Bulldogs. 3. Announcements, Community and Special events and Presentations. A. Wendy Sartory Link, Palm Beach County Supervisor of Elections, will give an update on upcoming elections. Wendy Sartory Link, Palm Beach County Supervisor of Elections (SOE), provided an update of what her office is doing for the upcoming elections, in terms of safety. Indicated there are three methods of voting, and changes being made in response to the pandemic. The SOE discussed voter registration, voting, vote-by-mail, and answered questions. Ms. Link explained the process to the Commission. Stated unlike other states in Florida, everyone can vote by mail. The vote-by-mail postage is prepaid this year. Stated all ballots are counted. They have added additional voting sites in Palm Beach County. Early voting is 14 days prior to the elections. The Supervisor of Elections is looking for replacement sites for voting and is finalizing voting sites. All poll workers will have masks and gloves and have their temperature taken prior to working. Indicated gloves and masks will be available to the public. Social distancing will be adhered to. Ms. Link stated Cyber Security is still a concern. The SOE is actively working with the FBI and Homeland Security. Ms. Link indicated they were looking for poll workers and the pay was between $190-320 per day. Mayor Grant received a couple of requests to open Ezell Hester Center for the day of voting. Noted this was an early voting site, not a regular voting location. Ms. Link stated if this was something the City of Boynton Beach would like to have; she was willing to work with the poll worker department to see if it could be accomplished. Mayor Grant requested additional information regarding positions available for poll workers, such as where can they send their resumes. 3 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 16, 2020 Ms. Link responded interested persons can go to www.pbcelections.org to apply to become a poll worker. They need to be a registered voter in Palm Beach County. Commissioner Hay requested if the SOE changed precinct locations, to provide this information to residents as soon as possible. He also, inquired about the deadline for location selection. Ms. Link stated this should be in place by early July. Commissioner Romelus asked if any locations were lost in Boynton Beach. Ms. Link stated she would need to get back to the Commission. Commissioner Romelus asked about interpreters. Ms. Link responded if more than 10% of the voters are self identified as and registered as Hispanic voters, the SOE will have a Hispanic poll worker. If for some reason that person calls in sick the morning of the election, the SOE has contracted with a language service. Ms. Link explained the express voter machine has English, Spanish and Creole, audio and written ability. Commissioner Romelus asked about accommodation for those that are deaf. Ms. Link stated the express vote machine accommodate voters who are deaf as well. B. Announce FY 20/21 Budget Workshops dates and times. Mayor Grant announced the fiscal year 20/21 Budget Workshops dates and times: Budget workshops are scheduled to be held July 13-15, 2020 in the Police Station Community Room, 2100 High Ridge Road: Monday July 13, 2020: 5:00 p.m. Tuesday, July 14, 2020: 10:00 a.m. If needed Wednesday, July 15, 2020: 2:00 p.m. The Commission adopts a Preliminary Fire Assessment Resolution and Tentative Millage Rate Resolution at these workshops. Commissioner Romelus asked about live streaming. Lori LaVerriere stated not at this time. Mayor Grant stated he would like to continue the virtual meeting along with the physical meeting. Commissioner Romelus stated she does not want to stop the live streaming. 4 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 16, 2020 C. Announcement of Limited Summer Camp 2020 Kacy Young, Assistant Director of Recreation and Parks, announced the Fab Five Days of Summer Camp program. Indicated as restrictions are being revised and the community returns to work, the State and County have begun re-opening. The City will offer a limited summer camp for 6 weeks at the Carolyn Sims Center. Registration will begin June 19. Noted there will be three sessions, Session 1 - June 29 — July 10, Session 2 - July 13 — 24, Session 3 - July 27 — August 7, 2020. Camp activities will be limited but will include indoor activities, pool time, outdoor field activities. As of today, playgrounds are still closed under State/County executive orders. Mayor Grant understood the city has limited spots in Boynton Beach. Noted he does not want to turn anyone away who needs camp for their children. He suggested partnering with other agencies. Requested the Parks and Recreation Department to help find alternatives for those not able to get into the summer camp. Vice Mayor Penserga asked what changes are being made to make sure that it is safe for the children. Mr. Young responded there will be limited parent access to the building, temperature checks for campers, hand sanitizing stations throughout the building, hand washing activities, staff will wear face covering, and recommend campers wear masks as well. All CDC recommendations would be adhered to. Commissioner Katz stated in reference to any third party operating out of a city facility, he would only be in agreement if the third party signs some type of legal document which would not hold the city liable for any adverse issues. Mayor Grant indicated it was not for the city facility, but for facilities within the city. Commissioner Hay asked what was the ratio of children to counselors. Mr. Young responded 2 counselors per 8 children, a total of 32 children. Commissioner Hay asked based on last year's numbers, what would be the anticipated loss? Mr. Young stated the amount of the campers would be 32; last year there was 72 campers. Commissioner Hay stated the camp is a first come, first served basis. Wally Majors, Parks and Recreation Director, stated preference will be given to those children previously registered. Noted residents will be given first opportunity. D. InterCity completion for the U.S. Census. 5 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 16, 2020 Vice Mayor Penserga indicated he was approached by Commissioner Amoroso of Lake Worth Beach and Commissioner Lambert of West Palm Beach and they were planning and organizing an InterCity competition to see which city receives more completed census information, particularly populations which are normally or historically undercounted. This is a friendly, fun competition, and is going to be based on the percent increase. Noted cities receive about $1,600 in federal funding per person. These funds go back into the schools, fire stations, all types of services. Mayor Grant requested an update on the Census. Vice Mayor Penserga expressed this is an opportunity to share best practices with other cities. Mayor Grant Introduced Interim Fire Chief Ray Carter. Interim Fire Chief Ray Carter made a public announcement regarding Firework safety. Noted because of the upcoming holiday of our nation's independence on July 4th, he wanted to encourage the general public not to use fireworks, but he understands given the fact that because of COVID-19 many people have been on lock down for the past two plus months and people would like to get out and celebrate the 4th of July. There were 9,100 related injuries to fireworks, of those one third of them were children under the age of 15. The fire department preference would be that no one uses fireworks. Noted no gun shooting in the air. Be considerate of the pets. Vice Mayor Penserga stated we all like to enjoy fireworks but it could be extremely traumatic to pets and our veterans. It is extremely traumatizing. Indicated he had numerus residents calling regarding the fireworks going off. 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 SE 27th Way, thanked Wally Majors for being a part of the City of Boynton Beach for so long. Inquired if Kacy Young would replace Mr. Majors as Recreation Director. Mayor Grant stated that was a decision for the City Manager, but the Commission is in support of Kacy Young. Ms. Oyer indicated she lost her third friend to COVID-19. She heard the County has been looking at making mask wearing mandatory. The Fight Club is back in her neighborhood, next to Betty Thomas Park. Hope this could be resolved soon. 6 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 16, 2020 Bertrand Herbert indicated he is an artist whose works can be seen around the world. He found the leadership an understanding of Debby Coles-Dobay to be professional, calm and charismatic. Her leadership has always been able to manage the most difficult situation. As an immigrant and military veteran, he was grateful for Debby's curiosity and conciliatory attitude towards all communities, which he has often witnessed her tolerance and innovative yet firm leadership. When learning that Ms. Coles-Dobay was laid off he was stunned and immediately attempted to understand. He requested a reconsideration. Sherly Merenta, 1510 Mediterranean Road East, spoke in support of reinstating Debby Coles-Dobay. She is an AIPP Board member, has known Ms. Coles-Dobay for many years. Indicated they have always worked on project which use art as a tool to communicate with the disenfranchised communities. Noted she and Ms. Coles have written grants for the Knight foundation as well as the Bloomberg grants. She was requesting a reconsideration. Debra McGraham said she was shocked at the termination of Debby Coles-Dobay; she requested a reconsideration. Ms. Coles-Dobay is an incredible advocate for the art, a leader and has always been remarkable. The association members benefit from the art and reviews showcasing public art through the state in a monthly online update, which she often contributed ideas for discussion and advise colleagues on the issues regarding public art problem. Please reconsider the termination of Debby Coles-Dobay. James Nell, Owner of Amanda James Gallery, said she was in support of Debby Coles- Dobay; wanted to go on record to thank Ms. Coles-Dobay for doing a phenomenal job brining arts to our community. Canine Paul, new resident of Boynton Beach, explained she had a meeting with Mr. Temple and Mr. Pierre, and they helped resolve her problem and were very professional. Erwin Senice, 223 NW 1 Avenue, noted Juneteenth is the oldest known celebration honoring the end of slavery in the United States. On June 19, 1865, Union General Gordon Granger led thousands of federal troops to Galveston, Texas to announce that the Civil War had ended, and slaves had been freed. Approximately 250,000 Texan slaves had no idea that their freedom had been secured by the government. Mr. Senice inquired as to the current update on the mural. The community was disappointed with what happened regarding the mural. Lori LaVerriere, City Manager, stated initially it was to be done in June. Ms. LaVerriere provided the process as to how the mural would be redone. Ann Miller said she was shocked at the termination of Debby Coles-Dobay. Please reconsider and rehire Ms. Coles-Dobay as she is a powerhouse for the City of Boynton Beach. 7 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 16, 2020 Rolando Chang Burrio, 1021 Avon Road, home address of the Florida Art Association. The Mural presented to the city is the one which is going back up, the players who changed it were given the opportunity to resign. Mayor Grant read a question into the record for Dana Donate (technical issues). Rolando Chang Burrio asked will the documents be made public regarding the termination of Debby Coles-Dobay. Stacy Raybuck said she opposes the termination of Debby Coles-Dobay, requested reconsideration. Barbara Lint said she opposes the termination of Debby Coles-Dobay. Dwayne Roberts spoke about the Racial Equity Task Force, wondering when the task force would come into effect. Mayor Grant stated a discussion about the Racial Equity Task Force will be held at the next Commission meeting as well as part of the budget workshop. Ricky Lighter, Port St. Lucie, publisher of the Ricky Report, worked closely with Debby Coles-Dobay. Supported Ms. Dobay and requested reconsideration. The publication covers visual art scene from Melbourne to Miami Florida. The publication enjoys a worldwide readership of art professional as well as art patrons and art lovers. Debby Coles-Dobay deserves better than this. Mayor Grant read the comments of Dana Donate into the record. She stated Debby Coles-Dobay was following the art process, she was not a decision maker. Commissioner Katz echoed some statements from fellow Commissioners. The City Manager under great duress acted with decisiveness. Stated this was a touchy subject. He understands what some people were trying to say, but in saying those things, they are confirming one of the biggest gripes of individuals in society or African Americans, that somehow this is not being taken seriously on a regular basis. Indicated it was said that right now with what is going on a harsher punishment is being doled out. He indicated he rejects the idea that is what happened should have been treated different if it would have happened 6 months or a year ago. The City Manager is exercising her powers, and took decisive action. Commissioner Romelus received the multiple comments regarding Debby Coles-Dobay, and the ultimate resignation of the Fire Chief. Commissioner Romelus stated she agreed with the City Manager and supported her decision. She understands many individuals are saying Debby Coles-Dobay was a scapegoat, but at the end of the day, Ms. Cole Dobay answers to the City Manager. The Fire Chief was not her boss. She may have felt pressured, but she had the option to speak with the City Manager before going forward 8 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 16, 2020 with removing people from the murals. One of the individuals in our community was a darling of the district who grew up in Boynton Beach. Her family lives here, she has a legacy in the city. The other being the first Black Fire Chief, the city loves both. She indicated she was offended, and our community is upset as what they see as a lost to their community. She understands that this is an emotional situation. The decision was made with merits and the action has been taken. She stands in support of the City Manager. Commissioner Hay said he concurs with Commissioner's Katz and Commissioner Romelus, although Ms. Coles-Dobay is a close friend and ally. Vice Mayor Penserga indicated he was in full support of the City Manager's decision. Comments from Donate stated Debby Coles-Dobay worked with the City for 14 years. Rolando Chang asked why the Fire Chief was allowed to resign and Debby Coles-Dobay was not given that opportunity. 5. Administrative A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. Mayor Grant announced openings for each Board. Commissioner Katz nominated Jerome Small to the Historic Resources Preservation Board. Commissioner Hay seconded the motion which 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 the accompanying material to become a part of the Public Record and subject to staff comments Mayor Grant pulled item A Commissioner Romelus pulled item B Commissioner Katz pulled item H Vice Mayor Penserga pulled item I A. Proposed Resolution No. R20-040 - Adopting a Complete Streets, helps intergrade our land uses and our transportation system to create an interactive community especially in the new downtowns area to be active, pedestrian activity increases support of local businesses street such Mobility Boynton 9 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 16, 2020 Beach Policy with the goal of enhancing the City of Boynton Beach's multi-modal transportation network. Mayor Grant stated he was pleased the Commission was moving forward with this item. Amanda Radigan, Principal Planner, indicated the policy titled the Complete Street and Mobility Policy Boynton Beach, stemmed from our strategic plan and there is a column dedicated to transportation and mobility. The City is looking to connect the community through safe accessible multimodal system to improve the quality of life in Boynton Beach. "Complete Streets" is a transportation philosophy that calls for streets to be constructed and operated in a way that allows safe, equitable and convenient access along and across streets for all users. Complete Streets are planned, designed, constructed, operated, and maintained to safely and comfortably accommodate people of all ages that ensures safety and convenience. The second is to create transportation system that includes a fully connected and multimodal system. and abilities, including pedestrians, cyclists, transit users, motorists, persons with disabilities, emergency responders, seniors, youth, families, as well as freight and service operators. Implementation of the Complete Streets transportation system is an important strategic initiative of the Boynton Beach Strategic Plan. This policy will encourage the use of non-motorized modes of transportation and contribute directly to the health, safety, economic vitality, environment, and quality of life in Boynton Beach. Through the implementation of this Complete Streets Policy, the City of Boynton Beach will consistently plan, design, construct, operate and maintain appropriate transportation facilities that are safe, reliable, efficient, convenient, connected, and that enable secure and comfortable access and mobility for users of all ages, abilities, income levels transportation modes. Ms. Radigan stated there are 6 goals: Safety and Convenience, Connected facilities. Increased walking biking and Public Transit, Economic Development. Vision Zero Equity and Data Driven Approach, and Community Health. The City of Boynton Beach could create a transportation system that is designed and operated in a way which ensures safety and convenience. The second is to create transportation system which includes a fully connected and multimodal system. The City is going to integrate the systems together to increase walking, bicycling as well as Public Transit. This system promotes economic development and contribute to a more livable community. Vision zero Equity and Data Driven Approach. Is about creating a system which use road safety as a social equity issue, and to the greatest extent possible, ensures equity is actively pursuing the elimination of access disparities. The City wants to make sure these roads are being prioritized and tying into neighborhoods that neither public transportation nor different mode options, aside from a vehicle. The Community Health is in the Community Action Plan. 10 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 16, 2020 Mayor Grant stated anything which can be done from Woolbright to Boynton Beach Boulevard to help the County see this needs to be a complete street. Commissioner Romelus request an update on Gulfstream. Vice Mayor Penserga inquired about equitable streets. Ms. Radigan responded this is about connecting certain communities. The city is building safe crosswalks which an elderly person will be able to cross within ample time. Indicated having more funding and where the city prioritizes is making sure that some of the distressed areas or some of the lower income areas has access to some of these amenities. Motion Vice Mayor Penserga moved to approve. Seconded by Commissioner Katz the motion passes unanimously. B. Proposed Resolution No. R20-054 - Authorize the City Manager to sign an Equipment Lease Purchase Agreement with Motorola Solutions, Inc. in the amount of $91,838.46 per year over five years to purchase Command Central Aware software for the Police Department's Real Time Crime Center. Police Chief Gregory stated this is for the maintenance portion of the contract. Noted many of the commission had the opportunity to tour the new Police station. Explained there will be a Real-time Crime Center, with television monitors to display security cameras being installed around the city. Such as the ones that Sarah Sims Park and other locations. Placing portable camera for special events like the Pirates Festival, Rock Plaza or any types of events. The city can deploy portable and temporary cameras. And receive feedback to a central place to be monitored and have oversight as well as it could be utilized for critical incidents. Critical incident such as an active shooter at a mall or t the school. The Command Central software allows law enforcement to connect many different computer software programs in existence now, and some that will be procured in the future to be able to see all in one piece of software. The software is designed to to identify the alerts which come out of the CAD system. This would allow the officers to know an incident has occurred, where the incident occurred and will automatically start to identify, cameras in a particular area near where the incident happened. Provided some examples of how the system could help the city. The software would notify the operator that a license plate reader is in that area. In the event there was a panic alarm activated, the button will alert our dispatch 911 center, and the command central, software, it will then automatically open up the cameras in that particular area of the building. The operator could see those camera records that 11 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 16, 2020 footage will be able to eventually take a snapshot of the area and push it out to the patrol cars who are still responding to the incident. Chief Gregory stated having a Crime center with the ability of not having to wait for an office to get on the scene, and then try to start figuring out what took place. The investigation can begin at the point the call received. Chief Gregory indicated this is a brief snapshot and condensed version, of the system software. Commissioner Romelus stated the cost of this item was reduced drastically. Chief Gregory stated there is a grant to help fund this system, which covers the initial payment for the system. Commissioner Hay was excited about this system, asked if any other municipalities have this system. Chief Gregory stated the City of Boca Raton and the Palm Beach Sheriffs Office. Motion Commissioner Katz moved to approve. Seconded by Commissioner Hay, the motion passed unanimously. C. Proposed Resolution No. R20-055 -Accept 10-foot Dedication from the Boynton Beach Community Redevelopment Agency to provide for a 50 ft Right-of-Way on NE 1st Street between NE 4th Ave and NE 5th Ave. D. Approve the request from Oceanside Beach Service, Inc. to reduce the lease payment for the month of March to $1,206.00 and waive lease payments for the months of April and May. E. Authorize the Mayor to sign all documents with the Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, associated with the grant acceptance and grant agreement in the amount of $111,931.00 subject to the approval of the City Attorney for the Coronavirus Emergency Supplemental investigation into potential misdeeds that took place within the Quantum Park Overlay Depend District in recent, amazing , natural amenity for the city residents and anyone who want to come to see it. Funding Program (CESF) for use by the Police Department. 12 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 16, 2020 F. Legal expenses for May 2020 provided at the request of the City Commission. No action required. G. Approve the one-year extension for RFPs/Bids and/ or piggy-backs for the procurement of services and/or commodities as described in the written report for June 16, 2020- "Request for Extensions and/or Piggybacks." H. Proposed Resolution No. R20-056 - Authorize the Mayor to sign FPL easement forms for parking lot lighting associated with the Eco Park project. Commissioner Katz indicated because of decisions which were made years ago, the city is in a position to facilitate the development of a passive park. An Eco park in excess of 50-60 acre in the city limits of Boynton Beach. This type of vision has come to fruition. This item is coming thought as a parking lot, but it is a parking lot lighting associated with the City Eco Park. Commissioner Katz requested answers from the legal department. The City sent out a request for an investigation to the Florida State Auditor Department to look into concerns relative to the Quantum Park Overly Dependent District, which had control over this land. Inquired if the city attorney has received any information in response to the correspondence. Attorney Cherof responded staff was able to track down some information. The item will come back to the Commission at a later date. Commissioner Katz wanted to make sure this item comes back to the Commission at a later date. He wanted to make sure that parties would be held liable from the Auditor General office. Mayor Grant inquired what can be done regarding the easement for FPL, and could FPL install some solar canopies, since this is an ECO Park. Hopefully the City could find funding, FPL now solar program or some other program. Motion Commissioner Katz moved to approve. Seconded by Commissioner Romelus and passed unanimously. I. Approve minutes from the City Commission meeting on June 2, 2020. Vice Mayor Penserga stated he understand minutes are a summary of the meeting, not a verbatim of what was said. In the minutes, it was written all lives matter, but what he stated was something to the effect of "black and brown lives matter" and that they too 13 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 16, 2020 deserve the same dignity, which is afforded to all other people. Noted unfortunately, and ironically, that was summarized in the minutes as misstating that all lives matter. Vice Mayor Penserga stated that it was ironic because that statement, all lives matter, for those that are not aware, is used specifically as a rebuttal to take away from the message of the Black Lives Movement. The idea of all lives matters, I think, is inspirational, and that is what we strive to do, but that is not what is seen on the ground. He wanted to re-iterate the fact that Black Lives Matter and saying that it does not mean that other people's lives do not matter. It does not mean that officers lives do not matter. It just means that Black Lives matter. Vice Mayor Penserga stated at this time, they are calling and asking for our help to make their lives more equitable. Motion Vice Mayor Penserga motion to amend the minutes, to state "Black and Brown lives matter." Commissioner Hay seconded the motion which unanimously passed. Motion Commission Hay moved to approve the agenda as amended. Commissioner Katz seconded the motion, which passed unanimously. 7. Bids and Purchases Over $100,000 A. Award task order UT-3D-04 with Baxter & Woodman, Inc. DBA Mathews Consulting, A Baxter & Woodman Company, in the amount of$84,875 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 consulting services to prepare and develop a Mobility Plan and Fee. B. Proposed Resolution No. R20-057 - approve and authorize the City Manager to sign an agreement and task order with McGovern McDonald Engineers for Integrated Financial and Engineering Utility Rate Model Upgrade for $358,707.00 and 3-years of as-needed Model Maintenance Services at $70,000/year for the remainder of the 3-year contract period. Total 3-year task order amount is $527,874.00. C. Approve the one-year extension for RFPs/Bids and/ or piggy-backs for the procurement of services and/or commodities as described in the written report for June 16, 2020 - "Request for Extensions and/or Piggybacks Over $100,000." 14 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 16, 2020 D. Proposed Resolution No. R20-058 - Approve piggybacking the US Communities Contract 15-JLP-023 between Trane and Harford County Public Schools, MD., and authorize the City Manager to sign a piggybacking agreement. Approve issuance of a purchase order for a 400 Ton (T) Trane Chiller at a cost of $154,960 and a purchase order for installation of the new unit and associated costs at a cost of $175,916 for a total value of $330,876. The US communities Contract 15-JLP-023 satisfies the City's competitive bid requirements. Motion Commissioner Hay moved to approve the Consent Agenda for items over $100,000. Commissioner Katz 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. Attorney Cherof read the proposed Ordinances No. 20-017 through 20-023 into the record on first reading. Attorney Cherof indicated these ordinances must be voted on separately. Amanda Radigan, Principal Planner, provided a presentation regarding the Code Review of these items. Indicated these items are being grouped together. Explained the first group of amendments were expanding locations for selected uses, specifically automobile rental and self-service storage, Professional and Technical Schools, we are adding into the PID district on industrial lot mark. The Automobile rental the city is adding MU-4 back into the zoning. Indicated site must be located at a major road or intersection. There must be a conditional use approval for the outdoor vehicle storage. The Self-Service storage being added to the C-4. there is a prohibition for sites fronting arterial roads, Profession and technical schools, would add in the PID to include Industrial lots marked I, SMU is already permitted in this area, the self-service storage would add C-4 the city would prohibit sites fronting arterial roads. The professional and technical school the city is adding PID to the industrial los. The objective meeting demand from a growing city population. automobile rental and we are expanding it to be permitted and as you move for districts. The objective of this amendment is to meet the demands for the growing city populations and some requests which have come through on these specific uses. Ms. Radgin continue with the Maximum Building Height in Single and Two-Family (R-2) Residential Zoning District: A discrepancy was noted within the maximum allowable building heights within residential zoning districts, in which all of the Single-Family districts allow a maximum height of 30 feet, while the Single and Two-Family (R-2) zoning district only allows a maximum height of 25. This inconsistency was a result of an oversight when the maximum allowable building height in Single-family districts was increased from 25 15 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 16, 2020 feet to 30 feet in the 1990s, and the Single and Two-Family (R-2) zoning district was overlooked. For consistency purposes in like zoning districts, staff views this amendment as a housekeeping matter, designed to permit a maximum building height of 30 feet across the single-family and duplex zoning districts. Swimming Pools Located Within Front and Corner Side Yard Setbacks: In an effort to provide flexibility for homeowners on corner lots, where building orientation of the house or other site improvements preclude the ability to construct a pool in the requisite rear or interior side yard, staff recommends a minimal code amendment to allow pools to be constructed. Automobile Rental, Self-Storage and Non-Conforming Lots within the front or corner side yard. To bolster the rationale for the proposed amendment to allow encroachments into these yards, currently an administrative adjustment may be granted to allow a house to be expanded to within 20 feet of the front or corner side yard property lines. Further, in 2018, the code was amended to allow covered front porches to encroach into the front setback by up to 10 feet, permitting a minimum setback of 15 feet from the front property line. As these other improvements have been construed to be non-impactful within the required setbacks, staffs proposal would allow in-ground swimming pools to be no closer than 15 feet from the front or side corner property lines. The pool would need to be visually screened with a minimum 4-foot tall opaque fence, wall or landscape buffer, which are currently allowed in any front or side yard setback. Screen enclosures and the like would not be permitted in these areas, to minimize the visual impact on the neighbors. Automobile Rental Locations: To address a recognized need to provide greater flexibility in the locational criteria for the siting of automobile rental businesses, and fulfill the needs of the City's growing population, staff proposes adding this use to additional zoning categories, creating a series of operational criteria (including the requirement that they be located on properties at major road intersections), and requiring Conditional Use approval of any outdoor vehicle storage on site. In-ground Storm Shelters: Staff has been requested to explore regulations for in-ground storm shelters. While some residents choose to fortify the exterior of their residence, and some have constructed safe rooms within the home, a contingent of residents throughout the country, especially in the mid and southwest prefer to utilize an in-ground storm shelter as their means of protection during a storm. With South Florida being prone to hurricane strikes, and the tornadoes spawned by them and other tropical systems, this type of shelter can provide another form of protection. Though not typical in Florida due to the high-water table, those who reside on higher ground could take advantage of these proposed regulations. Self-Service Storages Locations: In recognition of the increased demand for this use fueled by the City's growing population, staff proposes to expand the permitted locations of Self-Service Storage locations by adding this use to an additional zoning category. Currently, the use is permitted within the Industrial zoning district (M-1) and conditionally permitted within four (4) other zoning districts. This amendment permits Self-Service Storage within the City's C-4 General Commercial zoning district, except on locations that front an arterial road. Professional & Technical Schools Locations: This amendment would expand the permitted locations for Professional & Technical Schools within the PID (Planned Industrial District) to lots that have an Industrial (I) land use option within Quantum Park. 16 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 16, 2020 Nonconforming Lots Standards: indicated older residential areas of the City have several nonconforming lots that are currently unbuildable due to lot size and frontage requirements. In order to allow single-family residences to be built on these lots, staff proposes modified development standards including revisions to lot area, lot frontage, setbacks, and minimum livable area. This amendment furthers the City's goal of increasing the inventory of attainable housing. Mayor Grant requested clarification in the self-storage in the C-4 zoning district. Why is there a need to expand a self-storage unit in the city? Inquired if this a conditional use or a permitted use. Ed Breeze responded in the C-4 it would be a permitted use with a series of regulations associated with it. This would not be allowed on any major thoroughfares. Indicated there are limited uses in the C-4 zoning district which allows warehousing and various different manufacturing type of businesses. Mr. Breeze stated this type of business would not be allowed on the major thoroughfare. Mayor Grant stated his main issue with the self-storage units is that it does not allow for economic development within the City of Boynton Beach. His experience is such that in the C-3 Zoning District, a self-storage unit was trying to go into the Expo center, which is now a Restaurant depot. Because it was, a conditional use, not a permitted use the applicant would have had to jump through hoops in order to get a self-storage unit there. Acknowledged with the passage of time, they received a much better use. Mayor Grant stated originally almost had a camping world there, but our code didn't allow them to have their RV's, in the lot. He would still want the city Commission for any future administrations to have approval with a conditional use, because we do not necessarily know which a lot that they are taking up. The economic development of our city is vital where we are seeing now the prices of industrial skyrocketing and we do not really have much industrial space left in the city, where C-4. Mayor Grant wanted to make sure the City Commission must have final approval, for any self-storage units that are coming into the city and a C-4 zoning district. Requested the City Commission make a motion to amend the permitted use with restrictions to a conditional use with restrictions. Commissioner Romelus asked for clarification as to what would be conditional use. Mayor Grant responded that the self-storage Unit proposed Ordinance 20-021 . The staff, not, just to prove their current regulations and restrictions. but goes to the city commission for a conditional approval similar to when the commission approved in the past, the daycare. over in the gross restaurant, where, you know, it was a 3 to 2 vote, he feel that you both know that the commission had the opportunity to discuss the pros and cons of having a daycare and a shopping plaza versus a standalone building. Commissioner Romelus agreed. 17 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 16, 2020 Vice Mayor Penserga inquired about the non-conforming lots. Ms. Radigan stated these properties were in the Heart of Boynton. How many properties. Vice Mayor Penserga asked if it was a significant portion of the Heart of Boynton parcels? Ms. Radgin responded there are several lots. She explained anything which is smaller than 50 feet wide is technically right now. There are codes which allow for a do shotgun style home. There are lots of different topologies of homes that you build smaller loss, but the standard zoning districts don't permit those to be built. Over time these laws were subdivided and just became illegal parcels for building. Vice Mayor Penserga stated he wanted to have a sense of the impact of this, and it was mentioned, shotgun house. What is a shotgun house? Ms. Radigan explained Shotgun homes are were designed long and narrow. Although the city wants these lots to be buildable, staff included some safeguards to make sure the homes being built was quality housing. The minimum livable area is 750 square feet, which is about the size of a large, one-bedroom apartment. Mayor Grant inquired the size of the shipping container. Ms. Radigan responded 40 x 20 feet, (about 800 square feet) it would need to meet some architectural standards. Commissioner Hay indicated the minimum height would increase from 25 feet to 30 feet. Ms. Radigan responded yes. Commissioner Hay asked Ms. Radigan to elaborate on Hurricane shelters. Ms. Radigan responded in ground shelters are really geared for hurricane protection, and they are underground. It is easy for planning to permit. However, there are engineering constraints to actually getting them a built. Ms. Radigan explained anything which is above ground, if they have an entrance to come into the underground shelter, those would need to meet the, accessory, dwelling, accessory dwelling setbacks. Commissioner Hay concerned this was South Florida, noted there is water near the surface. Ms. Radigan agreed. Commissioner Hay inquired I there were any existing underground hurricane shelters. Ms. Radigan replied there are none. Reasoning they were not permitted in the city. Learned it would need to be on the highest point of the ridge where there is sufficient land. Commission Romulus inquired if the non-conforming lots, now allow for the building on those lot, using containers. Ms. Radigan respond If they look like a single-family home and met all the other building requirements. 18 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 16, 2020 VI\ ., r A. Proposed Ordinance No. 20-017 - First Reading - Approve amendments to the LAND DEVELOPMENT REGULATIONS (CDRV 20-002), revising Chapter 3. Zoning, Article III. Zoning Districts and Overlays, Sections 1 .B. and 2.E., to set a consistent maximum building height for all Single-Family, and Single and Two-Family residential zoning districts. Attorney Cherof read the proposed Ordinance No. 20-017 into the record on first reading. Motion Commissioner Romelus moved to approve proposed Ordinance No. 20-017 on first reading. Commission Katz seconded the motion with discussion. Opened to the Public: Susan Oyer, 140 SE 127 Way, suggested reading the Planning and Zoning board meeting. There is problem with parking, the car rental would take parking away from the public. Not to MU-4 and yes to the SMU zoning. Mayor Grant closed Public Comment. City Clerk Gibson call the roll, vote 5-0 Proposed Ordinance No. 20-018 - First Reading - Approve amendments to the LAND DEVELOPMENT REGULATIONS (CDRV 20-002), revising Chapter 3. Zoning, Article III. Zoning Districts and Overlays, Section 1 .B. and Sections 2.0 and 2.E., to modify development standards for selected non- conforming lots. Attorney Cherof read the proposed Ordinance No. 20-018 into the record on first reading. Motion Commissioner Hay moved to approve proposed Ordinance No. 20-018 on first reading. Vice Mayor Penserga seconded the motion. City Clerk Gibson call the roll, vote 5-0. Proposed Ordinance No. 20-019 - First Reading - Approve amendments to the LAND DEVELOPMENT REGULATIONS (CDRV 20-002), revising Chapter 3. Zoning, Article IV. Use Regulations, Section 3.D. Use Matrix, to revise the locational criteria and regulations for Automobile Rental. Attorney Cherof read the proposed Ordinance No. 20-019 into the record on first reading. 19 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 16, 2020 Motion Commissioner Hay moved to approve proposed Ordinance No. 20-019 on first reading. Commissioner Katz seconded the motion. City Clerk Gibson call the roll, vote 5-0. Proposed Ordinance No. 20-020 - First Reading - Approve amendments to the LAND DEVELOPMENT REGULATIONS (CDRV 20-002), revising Chapter 3. Zoning, Article IV. Use Regulations, Section 3.D. Use Matrix, to allow Professional & Technical Schools in Industrial (I) pods within Quantum Park. Attorney Cherof read the proposed Ordinance No.20-020 into the record on first reading. Motion Commissioner Hay moved to approve proposed Ordinance No. 20-020 on first reading. Vice Mayor Penserga seconded the motion. City Clerk Gibson call the roll, vote 5-0. Proposed Ordinance No. 20-021 - First Reading - Approve amendments to the LAND DEVELOPMENT REGULATIONS (CDRV 20-002), revising Chapter 3. Zoning, Article IV. Use Regulations, Section 3.D. Use Matrix, to allow Self-Service Storage in the C-4 zoning district. Attorney Cherof read the proposed Ordinance No. 20-021 into the record on first reading. Mayor Grant requested a motion to amend to include self storage unit in the C4 unit as a conditional use. Motion Vice Mayor Penserga moved to approve the amended proposed Ordinance No. 20-021 on first reading. Commission Hay seconded the motion. City Clerk Gibson call the roll, vote 5-0. Proposed Ordinance No. 20-022 - First Reading - Approve amendments to the LAND DEVELOPMENT REGULATIONS (CDRV 20-002), revising Chapter 3. Zoning, Article V. Supplemental Regulations, Section 3.D. Swimming Pools and Spas, amending locational criteria. 20 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 16, 2020 Attorney Cherof read the proposed Ordinance No. 20-022 into the record on first reading. Motion Commissioner Hay moved to approve proposed Ordinance no. 20-022 on first reading. Vice Mayor Penserga seconded the motion City Clerk Gibson call the roll, vote 5-0 Proposed Ordinance No. 20-023 - First Reading - Approve amendments to the LAND DEVELOPMENT REGULATIONS (CDRV 20-002), revising Chapter 3. Zoning, Article V. Supplemental Regulations, to add Section 3. AA, In-ground Storm Shelters. Attorney Cherof read the proposed Ordinance No. 20-023 into the record on first reading. Motion Commissioner Hay moved to approve proposed Ordinance No. 20-023 on first reading. Vice Mayor Penserga seconded the motion. City Clerk Gibson call the roll, vote 5-0 B. Proposed Ordinance No. 20-002 - Second Reading - Approving the Boynton Beach Mall Rezoning from C-3, Community Commercial, to SMU, Suburban Mixed Use. Applicant: City-initiated. (This agenda item was tabled from the January 21, 2020 Commission Meeting.) Attorney Cherof read proposed Ordinance No. 20-002 into the record by title only. Motion Commission Hay motion to remove from the table. Commission Katz seconded the motion which unanimously passed. Mayor Grant inquired if the City of Boynton Beach became the applicant for the second reading. Attorney Cherof indicated between the first and second reading that change was made. Mayor Grant inquired what burden does the city has to approve the rezoning. Attorney Cherof stated there is no burden. Noted It was the same as any item which comes before the commission for approval. 21 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 16, 2020 Motion Commissioner Katz moved to approve. Vice Mayor Penserga seconded the motion which unanimously passed. Mayor Grant opened to public comment. Seeing none, he closed public comment. City Clerk Gibson call the roll, vote 5-0 Mayor Grant thanked the commission and understand he believes it would be a difficult task getting all the owners together. Received a not from Cemimark that they had to lay off some of there workers. Commissioner Hay commented regarding the procedures on first and second reading of an ordinance. Attorney Cherof stated the citizens now have a voice to express concerns. Mayor Grant noted the citizens are given the ability to voice their concerns and the developer can answer questions and make changes between the first and second reading if warranted. 9. City Manager's Report A. Proposed Resolution No. R20-059 - Approve First Amendment to FY 2019- 2020 Action Plan and Second Amendment to Citizen Participation Plan to Implement CDBG CARES ACT Small Business Grant Program. Lori LaVerriere, City Manager, provided an update on the City of Boynton Beach small business grant program. David Scott, Director of Economic Development and Strategy, indicated on April 2, 2020, the U.S. Department of Housing and Urban Development informed the City of an award of$351,815 in supplemental Community Development Block Grant (CDBG) funding for grants to prevent, prepare, and respond to the coronavirus pandemic, (CDBG-CV grants) which were made available through the CARES Act. Under the City's Citizen Participation Plan, as amended, a substantial amendment is required for the City to quickly receive and administer these funds to meet the needs of the City's low- and moderate-income (LMI) households and individuals (80% or less of the Palm Beach County Area Median Income). The economic development office would work with Lashea Brooks community small grant, this would be a grant available for small business, this grant would provide grants of up to $10,000 to enable small businesses (25 or less employees) or micro- enterprises (five or less employees including owner) to invest and survive the coronavirus pandemic through the payment of payroll, commercial lease payments, COVID-19 safety requirements, and inventory. Businesses must be located in the City limits and cannot have received a Paycheck Protection Loan or other COVID-19 related assistance. The CRA district would be excluded. 22 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 16, 2020 Provided the requirements in order to receive the grant. Applications will be received on the first come first eligible system. As part of this amendment, the city has revised the Consolidated Plan's Citizen Participation Plan to include the 5-day comment period and virtual hearings from 15 days. This has been advertised. This will be made available on the city website and on social media. This is in addition to the allotment of the CBDG funding. The Businesses within the CRA district would be excluded. Wanted to make sue businesses located outside of the CRA district, privately held for profit, must be register on SUNBIZ.org., have a businesses license within the city limit of Boynton Beach. Provided a listing of all acceptable uses of the funds and required documents needed. This information will be made available online and in the city newsletter. Mayor Grant stated do we need to use for businesses only. Or can it be used to help residents. Mr. Scott stated it must be COVID related. Geared toward the response to COVID. Mayor Grant indicated it was similar to the contract signed by CareerSource. Mr. Scott indicated this would preclude businesses which may have already received funding from the PPE. as stated, any money which was already received, this is CARES ACT money, Mayor Grant inquired if the City could use some of the funding for public infrastructure. Lashea Brooks, Community Development Manager commented if it is a public facility and the city need to use it for an automatic door, the answer would be yes., Mayor Grant believed this was necessary for some of the city public facilities. Requested to appropriate some of the funding. Any amount above the *300,000 could be used to retrofit those building to stop the spread of COVID-19. Vice Mayor Penserga clarified this would be for automatic sliding door, so that the public would not need to touch the doors. Mayor Grant stated this would make the public safer by rehabilitating some of the city's older buildings, Lori LaVerriere, City Manager inquired if the funding would be $300,000 to the small businesses and $51 ,000 allocated to the City of Boynton Beach. Commissioner Hay asked what happens if the funds are not spent, would the funds be available for other uses. Mr. Scott replied these funds are earmarked for businesses, which were negatively impacted by COVID-19. 23 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 16, 2020 Mayor Grant asked if the County's funding of $60M has been spent. Mr. Scott stated this money was spent very quickly. Lashea Brooks, Acting Community Development Manager, explained the program was only opened for a few weeks and they received over 4000 applications. Commissioner Hay inquired when the money would be available. Mr. Scott responded the goal was to have the online portal available June 26, 2020. Annette Gray asked if the funds would be opened to nonprofits as well. She received the answer. Lashea Brooks, Acting Community Development Manager stated she would need additional information on what the city would use the funding. Mayor Grant provided a listing of items to be funded. Mr. Scott stated according to the criteria stated there is a cap of at 15%. Ms. Brooks stated this was within the allowable amount. Commissioner Hay asked about the CRA businesses if this was a HUD imposed requirement or a City of Boynton Beach requirement. Mr. Scott stated this was a recommendation from city staff. Motion Commissioner Hay amended motion to use $51,000 funding for a public facility for COVID related improvements. Vice Mayor Penserga seconded the motion, which passed unanimously. 10. Old Business - None 11. New Business-None 12. Legal A. Proposed Ordinance No. 20-024 - First Reading - Approve amending City Code of Ordinances Section 16-60, Article 2, Establishing hours of use at Harvey E. Oyer, Jr. Park to provide Community Standards with the ability to enforce parking regulations. Motion Commissioner Hay moved to approve proposed Ordinance no. 20-024 on first reading. Vice Mayor Penserga seconded the motion. 24 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 16, 2020 Mayor Grant opened to public comment, seeing no one coming forward, public comment was closed. Clerk Gibson called the roll, Vote 5-0 B. Proposed Ordinance No. 20- 025 - First Reading - Approving request for abandonment of easements associated with the Riverwalk Plaza redevelopment project, located at 1532 S. Federal Highway. Applicant: Soraya Conserve, Flynn Engineering Services, P.A. Attorney Cherof read the proposed Ordinance No. 20-025 into the record by title only. Motion Commissioner Katz moved to approve proposed Ordinance No. 20-025 on first reading with discussion. Commissioner Hay seconded the motion. Commissioner Katz question for City Staff, relative of Riverwalk which they promised the city. Requested an update to acquire the mangrove potion of the adjacent property. Mike Rumph stated there is currently an application with the Army Corps of Engineers, stated there is a portion of the property being preserved as well as a portion being developed. There is a portion between the lowlands and the upland areas that would be affected by the development of particular interest to the Corps. They do not want to sever the property from their single ownership before the property can be reviewed, they can review get to that process. Commissioner Katz clarified everything is proceeding as planned, indicated this was a time-consuming process with regards to mangrove mitigation and the court. Public Comments: Susan Oyer, 140 SE 27th Way, said she was completely opposed to doing anything, which would damage to the mangroves. She has seen some plans regarding the development, and they all destroy the mangroves. In speaking with hundreds of people, advise to be very careful in moving forward. There are a group of people who want to trade mangrove parks and develop. Clerk Gibson called the roll, vote 5-0 C. Proposed Emergency Ordinance No. 20-026 - Approve Emergency Ordinance renewing and extending Emergency Ordinance No. 20-009 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 25 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 16, 2020 r. 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 Ordinance No. 20-026 into the record by title only. The current emergency order is set to expire June 30, 2020, if this was not adopted the next meeting would be in person. Other municipalities have requested an extension from the Governor. Lori LaVerriere stated she has heard the governor is considering extending the emergency ordinance. Mayor Grant stated the commission would be approving an ordinance which may not be valid. Attorney Cherof stated this would need to be addressed in the 1st Commission meeting in July. Mayor Grant opened to public comment, seeing no one coming forward, public comment was closed. Motion Commission Katz moved to approve. Commissioner Romelus seconded the motion. Clerk Gibson called the roll vote 5-0 D. Discussion and authorization to terminate Franchise Agreement with FLSC, LLC for textile recycling program. Motion Commissioner Hay moved to remove from the table. Vice Mayor Penserga seconded the motion, which unanimously passed. Attorney Cherof noted at the June 2, 2020 City Commission meeting, a proposal was made by the franchisee to modify the Franchise Agreement. The attached addendum includes the details of the proposal. On June 12, 2020, the City received a check in the amount of $15,833.65, a copy of which is attached hereto. July 17, 2018 the City Commission authorized the City Manager to enter into a Franchise Agreement with FLSC, LLC, d/ b/ a Florida Textile Recycling Programs of Davie, Florida for a Textile Recycling Franchise, RFP No. 009- 1210- 18/ IT, for an initial three (3) year term. The Franchise Agreement was negotiated as a revenue generating Agreement whereby FLSC, LLC., was to pay to the City a fixed monthly fee of$2,000.00 per bin, or $100,000.00 annually, whichever was greater for the exclusive right to implement a Textile Recycling Program for City-wide Franchise Program. 26 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 16, 2020 Attorney Cherof stated he provided a marked-up agreement with the backup. Summarized FLSC, LLC original agreement states would pay $2000 per bin annually prorate on a monthly basis. FLSC changes made were consistent with their presentation. The changes of $2000 per location. Which would be a maximum of 15b ins per locations this would generate revenue for the city of$30,000 maximum as opposed to $100,000 as originally contemplated. Mayor Grant inquired if the vendor sent in a check. Attorney stated a check was received, and the agreement was they would continue to pay the arrearage until paid off, within 12 months. Mayor Grant asked if the agreement was terminated would this require the vendor to remove the bins within 30 days. Attorney Cherof stated this was correct. Mayor Grant stated the other alternative was to accept the changes to the agreement, the $2000 location instead of $2000 per bin and asked when the agreement expires. Attorney Cherof stated it was a 3-year agreement, and it will end within a year. Mayor Grant asked if the commission wanted to accept for one more year. The City could receive some money now and work on a better recycling program in the future. Commissioner Katz stated this has not lived up to the expectation. Indicated he was the biggest proponent of this pilot program. He believed this program has potential. Agreed to let it run its course. And then reset and make any needed adjustments. Mayor Grant asked if the commission could accept the handwritten amendment. Attorney Cherof stated the commission can accept and a clean version will be presented to the commission at the next meeting. Motion Commissioner Katz moved to approve with the changes presented to the commission. Vice Mayor Penserga seconded the motion which unanimously passed. Commissioner Katz come back to option regarding the investigation into Quantum Overlay District. Attorney Cherof would place this under legal at the next meeting. Motion Commissioner moved to approve the item being placed on the agenda for the next commission meeting, under Legal. Commissioner Hay seconded the motion, which passed unanimously. 27 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 16, 2020 Commissioner Romelus requested to add to future agenda to revisit the purpose of the Art Commission. Mayor Grant asked if we want to wait before or after the City Manager hires a new Arts Manager. Ms. LaVerriere noted staff is reviewing the job description and review the process. Something will be brought to the commission in the future. Commissioner Romelus indicated there was some concern regarding the kinetic festival. Asked what can be done. Ms. LaVerriere stated the city would need to pull together as a staff and get it done. Mayor Grant requested a presentation from Lashea Brooks, Acting Community Development Manager 13. Future Agenda Items A. Discussion regarding establishing a Racial Equity Task Force — July 7, 2020. B. Approve the Master Plan Modification for the Boynton Beach Mall- TBD C. Provide an Update on the Potential Sale of the Nichol's property to Pulte Homes- July 7, 2020. D. Mayor Grant has requested a discussion on Lake Park's Accessory Dwelling Unit Ordinance — TBD 14. Adjournment Motion There being no further business to discuss, Commissioner Katz moved to adjourn. The motion was seconded by Commissioner Romelus, which unanimously passed. The meeting was adjourned at 9:08 p.m. John McNally, I.T. Director, stated a recorded version of this session would be posted to the City of Boynton Beach's YouTube channel. He noted that links to that channel are available on the City of Boynton Beach website and this concludes the meeting. 28 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 16, 2020 CITY OF BO ► a N BEACH ilb fog' Mayor- Steven B. Ornt '':7- ----- Af Vice Mal y Penserga ea 1101,. MEry sioner tin Katz Commissioner— . ••how L. Hay '441111.11/ /WM MI Commission- — Chr tina Romelus ATTEST: C /al Gibson, MMC City Clerk eenester Nieves, CMC Deputy City Clerk 29 June 16,2020 City Commission Meeting Minutes Attachment"A" Public Comment—June 16.2020 Commission Meeting Agenda Name Comments E-mail and/or Physical Phone No. Date/Time Method Item Nols]. Address Received Received 1. Not On The Marcia "Thank you Mayor,Vice Mayor,City Manager and City Commissioners for this forum to make public comments.I marcialorilevine@gmail.com None 06/16/2020; E-mail Agenda Levine want to state that I am proud to sit as a volunteer Vice Chair on Boynton Beach's Public Art's Commission,it gives 625 Casa Loma Blvd. provided. 10:53am me so much pride.I love Boynton Beach.The termination of Debby Coles Dobay was unfortunate,while I do not Boynton Beach,FL 33435 have all the details,I understand that what was done was serious enough to warrant her dismissal in everyone;s hearts and minds.Her reputation as Public Arts Manager remains intact as you can see from all the letters you have been receiving speaking to her great work.Some have asked for the reconsideration of the decision. With that in mind,and seeing how much work there is still left to do,and how many projects she has on the table into 2021,what are the plans for either bringing her back,or bringing in a replacement.What is the timetable.Thank you." 2. Not On The Martin "After having been appointed to the Arts Commission in December 2019 it has been my pleasure to see Debby in martv.klauber@gmail.com None 06/16/2020; E-mail Agenda Klauber action before the Commission and the public.Her dedication,knowledge,and demeanor as a public servant of provided. 11:22am this City is so very evident.Her grasp of the public processes and her forward thinking about public art now and in the future makes her ideal for her position.Every reaction and explanation is both lucid and a reflection of her deep knowledge.She is in short a treasure for our City."