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Minutes 07-07-20 MINUTES OF THE CITY COMMISSION MEETING HELD ONLINE VIA THE GOTOWEBINAR PLATFORM BOYNTON BEACH, FLORIDA ON TUESDAY, JULY 7, 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. Invocation Mayor Steven B. Grant provided the invocation. Pledge of Allegiance Mayor Steven B. Grant led the Pledge of Allegiance to the Flag. Roll Call City Clerk Gibson called the roll. There was a quorum. Crystal Gibson, City Clerk, provided information regarding how to participate in the live stream online meeting. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Grant requested to move items 9-A and 9-B after public audience. He added item 3-E regarding a mobile testing site in Boynton Beach at the Ezell Hester Center. 2. Adoption Motion Commissioner Romelus moved to approve the agenda as amended. Vice Mayor Penserga seconded the motion, which unanimously passed. Meeting Minutes City Commission Meeting Boynton Beach, Florida July 7, 2020 2. Other A. Informational items by Members of the City Commission Commissioner Katz, Commissioner Hay and Vice Mayor Penserga had nothing to disclose. Commissioner Romelus said she had nothing to disclose; wished everyone a belated July 4th. Excited to celebrate the City of Boynton Beach Centennial. Recognized Eleanor Krusell, Communications Director. Toured the newly constructed City Hall. Commended John McNally and Gail Mootz and the team responsible for the move. Noted that she understands this was a team effort to make the move happen. Mayor Grant noted on June 18th, he attended the Transportation Planning Agency meeting and also attended the Florida League of Cities Ethics Training. On June 19th, he celebrated Juneteenth with Boynton Strong. The event was well attended and the city was able provide hundreds of masks. June 21st, celebrated his first official Father's Day with four generations of fathers. June 29th, attended the Economic Development strategies team meeting and attended the tourism Master Planning. Thanked David Scott for his efforts to help with tourism in Boynton Beach. June 30th, attended a round table with Florida Trend. Noted the City of Boynton Beach should consider doing more for the technology industry and innovative areas. July 2nd, attended Business over Coffee and requested Saleica Brown, Manager of Customer Service, to speak at the next meeting. Attended Cookies with Cops, to show support. July 3rd, went to the Golf Course (Links); stated staff was keeping everyone safe, and every person receives a clean golf cart. July 4th, the police had the task of turning down requests to use fireworks. July 6th, announced Feeding South Florida chose Boynton Beach to open a commercial kitchen and culinary arts training center in partnership with the Community Caring Center. July 7th, he spoke with Matt Kott from Copperpoint Brewing Company; the state of Florida has not allowed the brewery industry to open. If they do not receive assistance, the Brewery may close. Made a request for a letter addressed to the Department of Business and Professional Regulation requesting reconsideration to open tap rooms. Indicated it was not just a bar, but was manufacturing. Requested prayers for Captain Jeff Powers and his family. Wishing a speedy recover to him and his daughter. Indicated many people have lost their lives in Boynton Beach. Stated with the budget, he would like to begin requesting funds for county and state roads, for the Complete Streets or the Vision Zero. 3. Announcements, Community and Special events and Presentations. A. Announce FY 20/21 Budget Workshops dates and times. Mayor Grant announced the fiscal year 20/21 Budget Workshops dates and times. Due to the increase in the COVID-19 cases, staff has recommended the workshops to be held via GoToWebinar: 2 Meeting Minutes City Commission Meeting Boynton Beach, Florida July 7, 2020 Monday July 13, 2020 at 5:00 p.m. Tuesday, July 14, 2020 at 10:00 a.m. If needed Wednesday, July 15, 2020 at 2:00 p.m. The Commission adopts a Preliminary Fire Assessment Resolution and Tentative Millage Rate Resolution at these workshops. Mayor Grant indicated he would like to have a space for the public to attend the meeting, with social distancing rules in place. Public comments could be made in person and online. Noted he would like to give ourselves a sense of normalcy. In addition, he would like to begin setting the example of how to have safe events. He would like to have it as a virtual meeting; however, he would like to open the Police Department Community Room. He explained this was 13,000 square feet of space, which could host between 50 to 100 people and have social distancing in place. There could be a virtual meeting as well as an in-person meeting. Noted some people are having issues with registering for the virtual meetings, calling in and using the GoToWebinar platform. Mayor Grant stated he would be at the Police station. If no one else comes, he would be there. If needed, the City Fire Department could distribute the medical masks received from Taiwan's Economic and Cultural office. There was discussion regarding the sound system and TV's. Mayor Grant stated the notice will be for a virtual meeting, but the city would also have an in-person meeting as well. Requested to work with the City Clerk so that all bases are covered. B. Proclaim the month of July 2020 a Parks & Recreation Month. Kacy Young, Recreation and Parks Assistant Director will accept the proclamation. Kacy Young, Assistant Director of Recreation and Parks, thanked the Commission for the proclamation. Due to the COVID-19, the entire recreation industry has had to be re- invented. The theme this year: "We are Parks and Recreation." They have discovered many different ways to interact with the public with the services provided by the Parks and Recreation. It is a great time to enjoy many of the popular activities that are organized by the Recreation and Parks Department. The U.S. House of Representatives has designated July as Parks and Recreation Month. By making this proclamation in Boynton Beach, all citizens will be encouraged to celebrate by participating in their choice of fun activities and enjoy the benefits derived from quality public recreation. Because of COVID-19, the Parks and Recreation department discovered new ways to connect with the community. The Parks department provide services, which are essential to our residents. Thanked every member of the Recreation and Parks Department along with other city departments, which have assisted in keeping our parks safe and accessible for our residents. 3 Meeting Minutes City Commission Meeting Boynton Beach, Florida July 7, 2020 C. Debbie Majors, Grants and ADA Coordinator, will give a brief presentation on the City's Inclusion Works Program. Debbie Majors, Grants and ADA Coordinator, provided a presentation regarding the ADA and grants received. Provided directions on how to become an inclusive business. She explained the purpose is the new economic development opportunity, support the local businesses, and provide education and resources, simple and flexible way for business to join the City of Boynton Beach in embracing a culture of inclusion. Explained how to become inclusive for businesses in three simple steps. Businesses would be recognized with a wall certificate and digital logo. The business will be on the City of Boynton Beach website and on the city's social media. In order to maintain recognition, the business must commit to additional inclusionary actions annually. This is the 20th anniversary of the Americans with Disabilities Act. We have the business inclusion support team and are raising awareness and educating the public about inclusion. Mayor Grant asked what could be done to offer more support to businesses. Ms. Majors stated this is a pilot program; they have received positive feedback from the community. Indicated if the residents and Commission frequent a business, refer them to the program. Provide names of businesses. Commissioner Romelus thanked the team. Hoped the small business owners would take advantage of this opportunity. Vice Mayor Penserga asked how a business would hear about this program. Ms. Majors explained that this information is on social media. To participate, there needs to be a Business Tax Receipt. Vice Mayor Penserga stated the exposure to programs for businesses should be seamless. D. Announcement of Quarterly update regarding the City's Census marketing efforts by Laura Lansburgh, Marketing Manager. Laura Lansburgh, Marketing Manager, provided an update on the 2020 US Census. The City has mailed 1,000 postcards, and the information is on the webpage. Many members of the staff have been trained and are wearing Census buttons. Participating in a municipal Census contest. Boynton Beach's response rate is at 56% return rate. Stated the county average was about 60%. The US Census Bureau has a website to look up response rates. Continued to post on social media. Stated every decade, the U.S. Census Bureau counts America's population and uses the data to distribute $675 billion of federal funding to states and communities each year. GuesstheCensus.com is inviting everyone to guess what is the population for the City of Boynton Beach. Noted Palm 4 Meeting Minutes City Commission Meeting Boynton Beach, Florida July 7, 2020 Beach County estimates that, for every individual counted in the 2020 Census, the City will receive $1,600 per person per year for city services over a ten-year period. Commissioner Hay asked if this was because of the number of workers in Boynton Beach. Ms. Lansburgh explained this was a separate issue. Vice Mayor Penserga wanted to know who was leading. Ms. Lansburgh indicated the Village of Wellington was in the forefront. Staff has identified some barriers. Post cards are in three different languages. The Census competition is a friendly competition, which the city is involved in and using best practices. Commissioner Romelus wanted a meeting with Ms. Lansburgh offline. Commissioner Hay asked what was the biggest challenge. He suggested Ms. Lansburgh needs to continue with the faith-based community, and the community leaders could help the city move forward. Ms. Lansburgh said she would send another direct mailing, which includes additional languages. There were some events planned in March, cancelled due to COVID. Will consider additional signage. She reiterated they trusted community leaders' involvement Mayor Grant asked if the apartment communities have been contacted. Ms. Lansburgh responded staff has begun calling the HOA's in Boynton Beach and had door hangers in other communities. Commissioner Romelus inquired if there was any comparison data from previous years to measure the ranking from prior years. Ms. Lansburgh replied this is a unique situation. This is the first year that online was acceptable. E. Mobile Testing Site at the Ezell Hester Center Lorie LaVerriere, City Manager, announced there would be a free COVID testing site available at the Ezell Hester Center. Indicated this is a free walk up testing at the mobile clinic. The unit travels across the county. Provided a list of acceptable IDs. This would be a nasal swab test. Indicated the mobile site is available on July 15th for one day from 9:00 am until 4:00 pm. Placing information on the city's marques and other signage. Vice Mayor Penserga said he wanted to get the word out to the residents. 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) 5 Meeting Minutes City Commission Meeting Boynton Beach, Florida July 7, 2020 John McNally, Information Technology Director, provided an overview of how to participate. Susan Oyer, 140 SE 27th Way, informed the Commission on June 25th, Alice "Nainie" Weems-Weaver, passed away. Five days later, her husband Curtis Weaver of 64 years, also passed away. She read the obituary into the record. Carline Paul, 601 South Seacrest Boulevard, made a comment about the Census; would like to help to provide airtime. Ramona Young, 101 South Federal Highway, stated no one brought up that residents have fears in completing the Census. Ace Tilton Ratcliff said he was curious about the number of disabled people involved in the ADA program. Major Grant noted the City is the only municipality in Palm Beach County, which is Autism friendly. Additional public comments, received before the Commission meeting, are attached to these meeting minutes as Attachment "A". Item 9-B (being heard out of order) A. A presentation of FY20-21 Strategic Plan initiatives by Trina Pulliam of Trainovations. Trina Pulliam of Trainovations, provided overview of the City of Boynton Beach Fiscal Year 20/21 strategic plan. Noted the purpose of the plan was to address current and future challenges, leverage strategic advantages and core competencies and consider strategic disadvantages. The strategy also sets the direction, communicates and demonstrates a commitment of the vision and values, sets a focus for customer and workforce engagement and creates an emphasis on action to achieve the mission. It provides emphasis on tracking initiatives and projects to ensure proper funding and appropriate measures that matter for success. This year there would be a much more robust report. Explained the Strategic Planning process, which engages community leaders through interviews and obtaining input from elected officials. Leverages the involvement of the private sector through public surveys. Establishes strategic blueprint for setting direction and creating the environment for local property through deployment of the direction set in the plan. The strategic plan helps the City of Boynton Beach fulfill its responsibilities to its citizens, businesses and visitors, along with its societal responsibilities. 6 Meeting Minutes City Commission Meeting Boynton Beach, Florida July 7, 2020 Provided some improvements to the strategic plan. They have shifted the prioritization implemented to an I/U designation to identify the combination of urgency and importance. Deployed Enviso software for tracking progress. Changed from 8 pillars to 3 pillars. Changed to 6 strategic initatives. Change from multiple software and files to one file source. In process strategic projects and their progress. CIP projects and their progress. New projects started either in the current fiscal year or slated to be started in the upcoming fiscal year. All projects are indexed with high level and sublevel task. All projects are linked and aligned to a strategic priority. Indicated the Vision and Mission statements for the City have not changed. Mayor Grant stated he does not like the Vision statement; it is longer than the mission statement. Requested to take out "Our vision is to be" and change to "A welcoming and progressive coastal community that celebrates culture, innovation, and business development." Asked if the Commission agreed. There was consensus. Ms. Pulliam responded the changes would be made. Ms. Pulliam continued to say there were three strategic Pillars. The first was Vibrant and Resilient Living. Which means to provide, sustain and enhance a smart and resourceful high quality of life while keeping citizens safe and intelligently responding to adverse conditions. The second strategic pillar was Connected and Engaged Community. She explained this means to encourage a share thriving community relationships among and between residents, businesses and visitors to thrive. Finally, she noted a Robust Local Economy. Which means to attract and retain a mix of new and existing businesses and jobs while fostering economic growth and development. Those three strategic pillars drive the 6 strategic goals of the city. The priorities for the city have been created both for funding and operational decisions for the upcoming fiscal year. The six priorities for the city used specifically to make funding and operational decisions for the upcoming fiscal year are 1. Culturally District Downtown, to create a city center as a cultural district for business and entertainment, 2. Building Wealth in the Community, which fosters long-term economic security for demographic by strengthening locally rooted and held businesses, 3. Transportation and Mobility to improve mobility for modes of transportation for all residents, workers and visitors. 4. High Performing Organization, which will maintain excellence, 5. Public Health and Safety and 6. Environmental Sustainability. Provided the new initiatives for fiscal year 2021, which are currently being proposed: Cultivate consciousness and develop a framework to address racial and social equity in the delivery of City services for the benefit of all communities within the City. Strengthen resource access to the City's underserved populations by maintaining a database of links that connect residents with resources, supporting relationships, and partnerships. 7 Meeting Minutes City Commission Meeting Boynton Beach, Florida July 7, 2020 Build an equitable economy that will grow family-wage jobs, advance opportunities for prosperity, collaborate with partners for an equitable city, and create vibrant neighborhoods and communities. Mayor Grant asked what is family wage jobs. David Scott, Director of Economic Development Strategy, explained this is a living wage. To make sure the wages received could support family and children on wages provided. Mayor Grant suggested instead of jobs have careers. The city wants to create industries not just temporary positions. Ms. Pulliam noted finally create responsive, accountable, and cost-effective government programs and services that lead to Performance Excellence. Indicated those four initiatives came out of a variety of conversations with staff and the elected officials. These initiatives should align with the direction that the city is going. Wanted to make a quick note that because these four initiatives are on the plate and are being considered starting in October, it does not mean that the city has never considered these initiatives. What it means is that now the city has direction to allocate resources towards these initiatives. Mayor Grant commented there are many projects are still in the works. There is a focused approach, instead of going from one project to another project. Ms. Pulliam noted that the strategic plan does not consider the regular operations of the city. The strategic plan is outside the regular operations of the city. The city will continue to operate all of the services programs that it operates on a regular basis, will continue those most effective and efficient manner. The strategic plan helps you get from here to the vision, looking at potentially a five-year or a ten-year plan. The four particular initiatives are not things that will be one and done. These are things to help the city continue with those under those strategies for years to come. Vice Mayor Penserga indicated he fully supports those initiatives. Requested clarification on Cultivate consciousness. David Scott, Director of Economic Development Strategy, explained it was intended to create an awareness as mentioned, also make sure that the city cultivates the culture within the city organization. As more than just awareness is actually changing culture, so that everything we do, we approach it with racial and social equity framework, to bring that into our thinking, our strategies and our approach as we provide services to residents. Commissioner Romelus said she supports the initiative. Indicated she would like to see tangible goals. Also, asked how the city is planning to implement these initiatives and these ideas. Ms. Pulliam stated the purpose of these initiative help set the direction. One these initiatives adopted by the Commission the staff will determine the action plan. 8 Meeting Minutes City Commission Meeting Boynton Beach, Florida July 7, 2020 Commissioner Hay stated the council has received too many complaints from the community; so far, it has not worked to his expectations. Mr. Scott explained these are the high-level initiatives. The next presentation is about developing, racial and social equity framework that would fit into the outcomes of the process, or what would provide the detail to that first initiative. Staff recognizes some populations in the city may need help and services, which the city may not provide. It is important to develop strategies that connect our community with those services, whether they are county services, or for private for-profit services. The third one is really looking at how the City strengthens the economic development strategies to ensure that all of our communities prosper from the economic activities within the city. Also setting the framework for how the city becomes more efficient and effective, providing services to the community, and removing any redundancies that may exist. Commissioner Hay said he is supportive is what is being presented, and he would like to see the details. Indicated when there are new developers coming in the city, the community should be getting a piece of the pie. He wants to see what is going to happen at the next level. Commissioner Katz stated he supports the document. Mayor Grant thanked the Commission for the support of the strategic plan five years ago. He stated this is to address the future needs of the community. This report has gone from a project-oriented initiative to the strategic plan. He understood that this goes to more of the City vision and mission statement, and will address the current issues and trying to address the future issues. He believes that the city is moving in the right direction, especially with the hardships now of this virus affecting the world. Mayor Grant noted as the leadership for the City, the Commission has provided the insight to the city staff so that the City of Boynton could still be the great place to live and work. Motion Commissioner Hay moved to approve. Seconded by Commissioner Romelus, which passed unanimously. Commissioner Romelus stated she agreed with the Mayor. Mentioned former Commissioner McCray who was a part of the group, which put the city to the next level. Mayor Grant mentioned other Commissioners over the years. Thanked staff, recognized, and honored all those who helped rebuild the City of Boynton Beach. 9-C Racial and Social Equity Framework (being heard out of sequence) 9 Meeting Minutes City Commission Meeting Boynton Beach, Florida July 7, 2020 David Scott, Director of Economic Development, noted the City of Boynton Beach seeks to cultivate consciousness and develop a framework to address racial and social equity in the delivery of city services for the benefit of all communities within the city. The City Commission requested a discussion of a Task Force to address racial and social equity in the City of Boynton Beach. This presentation provides the findings of staffs research in developing an approach to cultivating consciousness and creating a framework to address racial and social equity in the delivery of City services for the benefit of all communities within the City. Mr. Scott explained what racial power, racial privilege and racial prejudice meant. The city has focused on broadening that conversation, not just for not just talking about racial, but also, to talk about all the other subgroups that we have living and thriving within the City of Boynton Beach. Therefore, it could be the Latin American community. It could be the deaf community. As well as the city's LGBT community. Therefore, it really focuses on all of our communities and equity for residents. The city has identified six steps to racial equity: 1. Data collection, 2. Set outcomes, 3. Analyze data, 4. Establish priorities, 5. Evaluate, and 6. Report. Noted the stakeholders such as the elected officials, city officials, clergy, civil rights groups, millennials, activists, and families of people which are affected by racial and social inequities should be joined by businesses, educators and coaches, students, professional sports team or players, local celebrities, local media outlets and other community leaders who have the trust of the community. The change team and facilitators will develop strategies and activities to close the equity gap. Mr. Scott noted the journey was personal responsibility, cultural awareness and institutional alignment. Mayor Grant suggested teaching children career skills. Commissioner Romelus requested to have a racial gender-neutral conversation within our city departments. She stated training should be for all staff, not just the leadership. Lori LaVerriere stated the city has an amazing organization. It is incorporating diverse cultures. Vice Mayor Penserga asked if all could receive training for 25K and said he is interested in the long term. Motion Vice Mayor Penserga moved to approve. Seconded by Commissioner Romelus, which passed unanimously. 5. Administrative A. Appoint Voting Delegate for Florida League of Cities Annual Conference on August 14, 2020 10 Meeting Minutes City Commission Meeting Boynton Beach, Florida July 7, 2020 Vice Mayor Penserga stated the voting for the Florida League of Cities could now be done online. Motion Commissioner Romelus nominated Commissioner Hay as Delegate for the Florida League of Cities Annual Conference on August 14, 2020. Seconded by Commission Katz, the motion passed unanimously. B. Appoint eligible members of the community to serve in vacant positons on City Advisory boards. Mayor Grant announced openings for each Board. Vice Mayor Penserga nominated Julie Mondello to the Parks and Recreation Board (Reg). Commissioner Hay seconded the motion, which unanimously passed. Vice Mayor Penserga nominated Jacob Schwartz to the Parks and Recreation board (Alt). Commissioner Hay seconded the motion, which unanimously passed. 6. Consent Agenda Mayor Grant pulled items A, B, F, G, and I. Commissioner Romelus pulled item H. Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all the accompanying material to become a part of the Public Record and subject to staff comments A. Proposed Resolution No. R20-060 - Approve the request from New Cingular Wireless PCS, LLC (formerly Bellsouth Mobility Inc.), Lessee to amend the lease agreement for the 150 foot telecommunications tower at 300 East Woolbright Road (City's Little League Field site). Mayor Grant read the resolution into the record by title only. Noted the city property leased for a telecommunications tower to Bellsouth Mobility Inc. since February 1 , 1995, this is when the City Commission approved the original agreement. In June 2000, the City consented to a first lease amendment (R00-092) to facilitate the transfer of tower maintenance and management responsibility to Crown Castle International. August, 2007 the City consented to a second lease amendment (R07-093) extending the lease for an additional 15 years to the year 2035; allowing an option to lease 320 square feet more ground space for an additional rent of $15,168 per year; increasing the rent by 5% annually starting in 2020. Providing the City with a lump sum payment of $23,500 upon 11 Meeting Minutes City Commission Meeting Boynton Beach, Florida July 7, 2020 execution of the lease amendment. This third lease amendment proposes to extend the lease an additional 20 years to September 14, 2055; to include an option to lease 400 square feet of additional ground space with an annual rent increase of $7,200; and include the payment of a lump sum of $20,000 for consideration and execution of the proposed lease amendment. All other lease agreement provisions would remain, including the annual rent escalation of five (5) percent to begin September 2020. Staff recommends that this request be approved thereby allowing an extension of the lease agreement terms, and a new provision for an option to expand the ground lease area for additional equipment upgrades. Vice Mayor Penserga stated they would give them the money and the city would regulate it. Commissioner Hay wanted to know why the city was renegotiating the lease now. Mayor Grant indicated Cingular Wireless PCS, LLC wanted more ground space , which would provide an additional rent of$15,168 per year; increasing the rent by 5% annually starting in 2020. Motion Commissioner Hay made a motion to table the item. Seconded by Commissioner Romelus, which passed unanimously. B. Proposed Resolution No. R20-061 - Approve an update to the Building Division's Fee Schedule associated with development review activities in the Building Division. Mayor Grant read proposed Resolution No. R20-061 into the record regarding the Fee Schedule of the Department's Building Division,which has not been amended since 2015. Most of the building department fees designed to recover actual costs of processing permits and should be adjusted based on increased costs of this activity. Staff recommends delaying these types of fee amendments until a time when such rollout would not potentially affect the local economy while recovering from the impacts of the virus pandemic. The remaining fees recommended for adjustment are either required by other agencies or are proposed for new services being offered by the City that require cost recovery. The proposed amendments are summarized below and included in the accompanying exhibit. Adding documentation for users explaining how project valuation is calculated. Updating of agency titles and the fee required collected by the State for educational and building code review processes. Inserting a fee for solar energy systems based on the countywide sustainability and national Sol Smart initiatives. In part to add incentives for the installation of solar systems, this effort includes setting a maximum permit fee rate and standardized (county-wide) process for permit review with a maximum 3-day turn-a-round period. Adding a Private Provider Permit Fee discount per new Florida 12 Meeting Minutes City Commission Meeting Boynton Beach, Florida July 7, 2020 Statutes requirement, with the reduction depending on level of services conducted by a professional contracted by the owner or builder (i.e. applicant). Adding the new minimal Technology Fees to contribute to the costs of paying for an electronic computer platform used to deliver expeditious and convenient filing and plan review systems for applicants. Adding fees for additional requests for extending a Temporary Certificate of Occupancy or Temporary Certificate of Completion (beyond the first request, which is currently $200. This includes an extension after the third extension, which requires review/approval by the Building Board of Adjustment and Appeals. Adding fees to cover staff costs for converting hard copy (paper) permit applications to electronic format. The fee is intended to both incentivize the electronic filing of applications while maintaining paper-filing option for those applicants without the resources for electronic filing. Adding a fee corresponding with a new "express" plan review service, which is a service and fee associated with a requested "after hours" plan review service offered to the applicant. Motion Vice Mayor Penserga moved to approve. Seconded by Commissioner Katz, the motion passed unanimously. C. Motion to approve the vehicles/equipment submitted by Fleet Maintenance Division for disposal using various means such as JJ Kane on-line auction and GovDeals.com. D. Proposed Resolution No. R20-062 - Authorize the City Manager to sign an Agreement with Florida Technical Consultants, LLC. of Boynton Beach, FL as a result of RFQ No.007-2821-20/TP for Geographic Information Services (GIS) Engineering Services to be executed based on individual task orders in compliance with the City's purchasing policies and procedures. E. Accept the written report to the Commission for purchases over $10,000 for the month of May 2020. F. City Staff recommends approval of rent abatement for Ultimate Bakery & Pastry for operation of concessions at Turtle Café at Oceanfront Park for March, April and May 2020, during which time Turtle Café was not operational as Oceanfront Park closed due to COVID-19. Mayor Grant indicated he had the opportunity to speak with the owner, and stated it was not looking good for the café. He would like to include the abatement from March to July, because of the decrease of people, which could have come in. The owner requested the entire year. Discussion regarding rental abatements for March through July, and reduction of rent for August, September and October paid at 50%. 13 Meeting Minutes City Commission Meeting Boynton Beach, Florida July 7, 2020 Motion Commissioner Romelus moved to approve the abatement beginning March 2020 through July 2020, and 50% adjustment for August 2020 through October 2020. Seconded by Commissioner Hay, the motion passed unanimously. G. City Staff recommends approval of rent abatement for Ultimate Bakery & Pastry for operation of the concession at The Links at Boynton Beach Golf Course (The Links) for March and April, during which time The Links closed due to COVID-19. Mayor Grant indicated because of the closure of the Links the Ultimate Bakery & Pastry was requesting abatement for March and April due to COVID-19. Usually on July 4th the cost could be recouped, but because the Links was closed this was not available. Motion Commissioner Romelus moved to approve. Vice Mayor Penserga seconded the motion, which passed unanimously. Commissioner Romelus inquired if this was a multi-year contract. Mayor Grant understood the contract expires in 2021. Noted the time in which to receive a new RFP would mean the contract would have expired. H. Proposed Resolution No. R20-063 - Authorize the City Manager to sign an equipment purchase and one-year subscription agreement and addendum with Granicus for $16,302.00 for streaming and live voting services in the New City Hall Commission Chambers. Commissioner Romelus inquired what is included and if this included a voting option. Kathryn Matos, Assistant City Manager, stated the live voting services are available for an additional cost. The services Includes live video streaming of the meeting and create an archive on the city webpage page. Motion Vice Mayor Penserga moved to approve. Commissioner Hay seconded the motion, which passed unanimously. Commissioner Romelus inquired if the system would be available for the Commission to use by August 2020 city meeting. Kathryn Matos, Assistant City Manager, replied that is the goal. 14 Meeting Minutes City Commission Meeting Boynton Beach, Florida July 7, 2020 I. Approve the recommendation of the Evaluation Committee and authorize staff to conduct negotiations with the first ranked firm, ABM Industries, Inc. and establish a contract in accordance with the Request for Qualifications (RFQ) No. 009- 2511-20/RW for Town Square / City Facilities Maintenance Services. At the completion of the negotiations, the Contract will be brought back to the Commission for approval. J. Approve minutes from the City Commission meeting on June 16, 2020. Motion Commissioner Hay moved to approve the agenda as amended. Vice Mayor Penserga seconded the motion, which passed unanimously. 7. Bids and Purchases Over $100,000 A. Proposed Resolution No. R20-064 - Approve and authorize the City Manager to sign Amendment No. 3 to the Developer's Agreement with Knuckles, LLC in the amount of $18,935.18 for the construction of sanitary sewer and lift station wet well improvements for the Taco Bell project located at 2319 Federal Highway. Upon approval of Amendment No. 3, the revised project amount will be $188,897.18. B. Approve the one-year extension for RFPs/Bids and/or piggybacks for the procurement of services and/or commodities as described in the written report for July 7, 2020 - "Request for Extensions and/or Piggybacks Over $100,000." Motion Commissioner Hay moved to approve the Consent Agenda for items over $100,000. Vice Mayor Penserga seconded the motion, which passed unanimously. Mayor Grant requested a break 8:25 p.m. Meeting resumed at 8:32 p.m. 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 James Cherof read proposed Ordinances No. 20-017 through 20-023 into the record on second reading. Attorney Cherof indicated these ordinances must be voted on separately. 15 Meeting Minutes City Commission Meeting Boynton Beach, Florida July 7, 2020 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 second reading. Motion Commissioner Hay moved to approve proposed Ordinance No. 20-017 on second reading. Vice Mayor Penserga seconded the motion. City Clerk Gibson call the roll, vote 5-0. Proposed Ordinance No. 20-018 - Second 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 James Cherof read the proposed Ordinance No. 20-018 into the record on second reading. Motion Vice Mayor Penserga moved to approve proposed Ordinance No. 20-018 on second reading. Commissioner Hay seconded the motion. City Clerk Gibson call the roll, vote 5-0. Proposed Ordinance No. 20-019 - Second 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 James Cherof read the proposed Ordinance No. 20-019 into the record on second reading. Motion Vice Mayor Penserga moved to approve proposed Ordinance No. 20-019 on second reading. Commissioner Hay seconded the motion. 16 Meeting Minutes City Commission Meeting Boynton Beach, Florida July 7, 2020 City Clerk Gibson call the roll, vote 5-0. Proposed Ordinance No. 20-020 - Second 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 James Cherof read the proposed Ordinance No.20-020 into the record on second reading. Motion Commissioner Hay moved to approve proposed Ordinance No. 20-020 on second reading. Vice Mayor Penserga seconded the motion. City Clerk Gibson call the roll, vote 5-0. Proposed Ordinance No. 20-021 - Second 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 James Cherof read the proposed Ordinance No. 20-021 into the record on second reading. Mayor Grant indicated the last reading incorporated a conditional use to the proposed Ordinance No. 20-021. Motion Commissioner Hay moved to approve the proposed Ordinance No. 20-021 on second reading. Vice Mayor Penserga seconded the motion. City Clerk Gibson call the roll, vote 5-0. Proposed Ordinance No. 20-022 — Second 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. Attorney James Cherof read the proposed Ordinance No. 20-022 into the record on second reading. 17 Meeting Minutes City Commission Meeting Boynton Beach, Florida July 7, 2020 Motion Commissioner Hay moved to approve proposed Ordinance No. 20-022 on second reading. Vice Major Penserga seconded the motion City Clerk Gibson call the roll, vote 5-0. Proposed Ordinance No. 20-023 - Second 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 James Cherof read the proposed Ordinance No. 20-023 into the record on second reading. Motion Vice Mayor Penserga moved to approve proposed Ordinance No. 20-023 on second reading. Commissioner Katz seconded the motion. City Clerk Gibson call the roll, vote 5-0. B. Proposed Ordinance No. 20-024 - Second 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. Attorney James Cherof read the proposed Ordinance No. 20-024 into the record on second reading. Motion Commissioner Hay moved to approve proposed Ordinance No. 20-024 on second reading. Commissioner Romelus seconded the motion. Mayor Grant discussed parking at Oyer Park. Mayor Grant opened to public audience. Seeing none, public audience closed. City Clerk Gibson call the roll, vote 5-0. C. Proposed Ordinance No. 20- 025 - Second 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. 18 Meeting Minutes City Commission Meeting Boynton Beach, Florida July 7, 2020 Attorney Cherof read proposed Ordinance No. 20-025 into the record by title only on second reading. Motion Commissioner Hay moved to approve. Commissioner Romelus seconded the motion. Mayor Grant asked for a map of the easement. Colin Groff, Assistant City Manager, indicated staff tried to produce a map, but was unable before the start of the meeting. He explained the dedication of new easements for utilities on the site. These easements are no longer needed on the site; they are under new buildings. Mr. Groff stated this does not have anything to do with any easements on any adjacent property, that they are just strictly for the development. Mayor Grant opened to public comment. Susan Oyer 140 SE 27th Way, said she understands these are all the easements, and believes this is fine. The City was promised the mangrove park from this developer. Indicated to the best of her knowledge, the city was not in possession of these mangroves. Inquired when the city would get the mangroves. Asked about the city continuing to give the developer everything he requests, when he still has not made true on his promises. Mayor Grant noted the promise was not in writing. Ms. Oyer stated the residents and Commissioners voted to approve based on the developer's verbal promises. Commissioner Katz stated no one voted on the easements based on the mangroves. The votes were not based on land being contributed to the city. Colin Groff, Assistant City Manager, indicated the developer is speaking with the Army Corps of Engineers and has begun the process. This is a long, time-consuming process. The developer has been dealing with permitting for about a year and a half. Discussion regarding the mangroves ensued. Spoke about the upland mangrove portion behind the McDonalds, which were dry mangroves, the permitting and the promises made to the city by the developer. Ms. Oyer stated she has seen the plans and it has a building on the property. Public Comment was closed. 19 Meeting Minutes City Commission Meeting Boynton Beach, Florida July 7, 2020 City Clerk Gibson called the roll. The vote was 5-0. 9. City Manager's Report A. Financial Impact March through June from the COVID-19 pandemic emergency. Mara Frederiksen, Finance Director, indicated the current COVID-19 emergency expenses were $1,218,316M. Based on the emergency orders, most of these expenses may be reimbursed through FEMA. The City may not see the reimbursement until next year of$214,361.00 COVID supplies and $215,399.88 Payroll Expenses The estimated loss in revenues are approximately $1,218,316.80. BY FUND (March-June). General Fund ($738,343.52). Traffic Safety Fund ($12,351.17). Surtax Fund ($152,583.02). Recreation Fund ($216,030.12). Golf Course Fund ($99,008.97) BY DEPARTMENT (March-June). General Government ($44,554.33). Franchise Fees ($73,370.84). Golf Course ($99,008.97). Police ($12,351.17). Recreation ($316,579.72) State Revenue Sharing ($672,451.17). With regard to the State Revenue Sharing losses, the monthly distributions were reduced by 50% for May and June. The state intends to issue a true up calculation and the City will possibly see an uptick by the end of the fiscal year. Recreation losses are mostly due to beach parking fees, and programming. While the revenue losses in Recreation are significant, there are some off-setting savings such as personnel expenses for summer camp which will help offset some of the revenue loss. Golf Course losses were more significant in April and May but, since re-opening, there has been a significant increase in actual revenues over projected revenues. Ms. Frederiksen noted most of these expenses might be reimbursed through FEMA. Vice Mayor Penserga asked why not all. Ms. Frederiksen noted because of FEMA guidelines, they could possibly say the documentation is not correct. She stated she believed all would be reimbursed, but she could not say for 100%. Commissioner Romelus said the City is seeing increase in the number of COVID cases in 33435. What can the City do to mitigate? If the City needs to allocate more funding to open a testing center in the 33435 area, this should be a priority. Lori LaVerriere, City Manager, stated the city would use County resources such as mobile testing sites in Boynton Beach. Indicated handwashing and mask wearing could mitigate the cases. The city is working closely with the County and most of the Cares Act money went to county governments. The employees come to the city hall with mandatory face coverings. Indicated staff is trying to get the mobile unit in the city more often. The 20 Meeting Minutes City Commission Meeting Boynton Beach, Florida July 7, 2020 City must continue to educate the residents. Ms. LaVerriere stated with the Education Compliance Taskforce, the Police Chief informed her that municipalities have officers, along with the County staff and Sheriffs Office go and do compliance checks. This will be happening in Boynton Beach as well. B. A presentation of FY20-21 Strategic Plan initiatives by Trina Pulliam of Trainovations. (Heard earlier in the meeting.) C. A presentation of a Racial and Social Equity Framework by David Scott, Director of Economic Development and Strategy, City of Boynton Beach. (Heard earlier in the meeting.) 10. Old Business - None 11. New Business A. Approve reduction of a Performance Bond No SU40078 by the amount of $284,348.02 from $407,577.50 to $123,229.48 for the completion of the earthwork and the paving, grading, and drainage improvements in association with the Casa Del Mar project. Motion Vice Mayor Penserga moved to approve. Seconded by Commissioner Hay, the motion passed unanimously. B. Proposed Resolution No. R20-065 - Authorize the City Manager to procure from Motorola Solutions Company their PremierOne Cloud hosted Computer Aided Dispatch (CAD), Records Management System (RMS) and Mobile Reporting solutions as well as ancillary products and services, as described in their proposal, for a cost of $2,094,366.50. Mayor Grant read the proposed Resolution No. R20-065 into the record by title only. Chief Michael Gregory indicated he did not have a presentation but an overview. Indicated there were deficiencies and challenges in creating process workflows. The inability to segregate information needed and to access the information was not accessible by other staff. The current system was not able to accomplish that. The integrity of the reports was a large hurdle to accomplish as well as having auditing capabilities. Upgrading the product would afford a system, which was able to perform everything needed in the police department. Chief Gregory stated this system is critical to the safety of first responders and the public by tracking and providing critical information when it is most needed. In addition, the reliability an efficiency of public safety dispatch management is dependent on a properly 21 Meeting Minutes City Commission Meeting Boynton Beach, Florida July 7, 2020 functioning CAD/RMS and mobile solution. The CAD, RMS and Mobile Reporting software play a critical role in the efficient operation of the public safety mission. The CAD system collects the details of 911 and non-emergency calls to help the general public and public safety personnel. It tracks first responders' activities with timestamps and serves as the official record keeping system for the management of all calls and critical incidents. The RMS and Mobile Reporting software collects and serves as the repository for all information included in official police reports. These reports are maintained in accordance with state and federal Criminal Justice Information Security policies as well as with Florida Record Retention guidelines, which in some cases can be indefinite. As a result, Motorola Solutions made their Tier 1 CAD, RMS and Mobile Reporting product available to the agency via a discounted rate and credit for payments previously made. The purchase of this upgrade will also integrate with the software purchased for the management of the Real Time Crime Center. Chief Gregory stated the funds submitted to Motorola thus far into the project, been credited to the city account. Indicated what is before the commission is the remaining balance. It projected over a five-year period, our annual costs for the subscription service is approximately $370,000 per year, but to extrapolate over the five-year period of the subscription, it rolls up into a $2 million value. Commissioner Romelus inquired how far back do Police records go. Chief Gregory replied he does not know, but the current system in use now is approximately 10 years old. He believed there may be actual paper records which have been archived. Fortunately, the City is in a good position that they have computer systems of data that are out there to make the information a little bit more accessible. The next challenge is, once the city gets to the new system, is how to decommission those older systems and where the records would be stored. Motion Vice Mayor Penserga moved to approve. Seconded by Commissioner Hay, the motion passed unanimously. 12. Legal A. Quantum Park Overly Dependent District audit report. Attorney Cherof noted in late 2017 the city was involved in litigation between the Quantum Park Overlay District (QPOD) and the Property Owners Association at that time was under control of the successor developer appointees. Mr. Rick McDonald was the successor developer and the people associated with his development company. The city and Commission authorized the Mayor to write to the Auditor General, to request an audit of the QPOD to evaluate whether or not there was waste or mismanagement of funds related to the contracts, the use of space and other professional expenses, including 22 Meeting Minutes City Commission Meeting Boynton Beach, Florida July 7, 2020 attorney fees, the board had its own attorney at that time. It still does but a different attorney. Attorney Cherof stated the audit was kicked back with direction to send it to the Joint Legislative Auditing Committee. Explained the Joint Legislative Auditing Committee works as the gatekeeper for the Auditor General Request and audits. Noted sometime in 2019 the litigation with the Quantum Park Overlay District parties came to an end on this specific audit issue was not abandoned it was ignored and has not been pursued by the legislative committee. Attorney Cherof stated he had the opportunity to speak with Kathy Dubose and Debra White, who work the legislative Auditing Committee to work through the process of unfreezing the audit. He stated the process itself has changed. Indicated back in 2017 when the original requested initiated, the city commission had the authority to request the audit, the QPOD board must request an audit. Stated since the City Commission is on the QPOD board this was not an issue. The joint legislative auditing Committee does not met until January 2021 . If the committee were to get the request a green light and send the audit to the auditor general after a public hearing the auditor general would probably not conclude the audit being requested until the third or fourth quarter of 2022. Noted the cost would be somewhere in the neighborhood of $80,000 to $90,000 which would be the City of Boynton Beach's responsibility. Attorney Cherof stated he has discussed some options with the representatives of the Legislative Auditing Committee, working through different provisions of the statute. The, City or QPOD, could authorize an audit. This would mean going out for request qualifications, signing a contract and then having that audit defined and paid for by the City of QPOD. The cost would be less he believed. The litigation was long over, the wrongdoing, which was being explored in that litigation has been put aside by virtue of settlement with all interested parties who own property in that area. If the city were still interested in finding out to what degree there was waste, the misspending of public money and the outcome of that would be to evaluate rules and regulations, to make sure this would never happen, again, with respect to a special district, created by the city. Commissioner Katz inquired about the cost of obtaining an audit. Attorney Cherof replied his guess would be about $25,000. Ms. LaVerriere stated this would be her guess as well. Commissioner Katz inquired if it was determined that there were some wrongdoing; what would be the recourse, which could be taken. Attorney Cherof replied if it was determine that there were some wrongdoing to seek discovery and demand from those who were overpaid. There is a statute of limitation on certain types of claim. 23 Meeting Minutes City Commission Meeting Boynton Beach, Florida July 7, 2020 Commissioner Katz indicated it has been four years. Stated given the fact any recourse on behalf of the taxpayers and QPOD would require years of litigation, with unknown cost he could not move forward; his position was a handful of individual's misappropriated funds. He wanted to determine what went wrong and who the responsible party was and hold them accountable. Commissioner Katz stated he witnessed, read and heard discussions from members who ran the QPOD and people who oppose them and the efforts the city made to take over that district and fix all of the negative activity. Indicated it was clear that a handful of individuals absolutely violated their charge, the public trust, and misappropriated or misspent, hundreds of thousands of dollars, potentially, millions, over time. He feels people are going to get away with stealing money from the people. Mayor Grant stated the QPOD should have that discussion at their meeting. B. Proposed Ordinance No. 20-027 — First Reading - Approving amendments to the LAND DEVELOPMENT REGULATIONS (CDRV 20- 003), revising Chapter 3. Zoning, Article IV. Use Regulations, Section 3.D, Use Matrix, Note #34, updating the Home Occupation provisions, in part, to allow one non-resident to assist with operating the home-based business. Attorney James Cherof read proposed Ordinance No. 20-027 into the record by title only on first reading. Motion Vice Mayor Penserga moved to approve proposed Ordinance No. 20-027 on first reading. Commissioner Romelus seconded the motion. Mayor Grant opened to public comment. Susan Oyer indicated this is the first time she is seeing this ordinance. Requested an overview on what this item is about. Mayor Grant indicated he spoke with Paul Scofield, the Village of Wellington's City Manager regarding their home-based business ordinance. He compared the Village ordinance with the City ordinance. The City of Boynton Beach is very competitive with home-based business, except for the fact that the city does not allow a nonresident to help at the home-based business. Mayor Grant provided some examples. Public comment closed. Clerk Gibson called the roll. The vote was 5-0. Lori LaVerriere, City Manager, indicated the Commission meeting on July 21 is being held virtually. 24 Meeting Minutes City Commission Meeting Boynton Beach, Florida July 7, 2020 13. Future Agenda Items A. Provide update on potential sale of the Nichol's property to Pulte Homes - July 21, 2020 B. Presentation of updated Use of Force Policy by Police Chief Michael Gregory - July 21, 2020 C. Approval of the Master Plan Modification for the Boynton Beach Mall — TBD 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 Hay moved to adjourn. The motion was seconded by Commissioner Romelus, which unanimously passed. The meeting adjourned at 8:49 p.m. John McNally, Information Technology Director, stated as a reminder, a recorded version of this session would be posted to the City of Boynton Beach's YouTube channel. Links to that channel are available on the City of Boynton Beach's website, at www.BoyntonBeach.Org. This concludes tonight's meeting. CITY OF BOYNTON B ACH i Mayor - Steven B. Grant J •Ce .! a "For /0/ 71Ellissione — Justin Katz Commissioner — Woodrow L. Hay 25 Meeting Minutes City Commission Meeting Boynton Beach, Florida July 7, 2020 Commissio er — Christina Romelus ATTEST: (' � C tal Gibson, MMC City Clerk r ' Queenester Nieves, CMC Deputy City Clerk 26 July 7,2020 City Commission Meeting Minutes Attachment"A" Public Comment—July 7,2020 Commission Meeting Agenda Name Comments E-mail and/or Physical Phone No. Date/Time Method Item Address Received Received No(s). 1. Not On Barbara "I wanted to leave a message for the Mayor that I think it's imperative for everybody to wear face dubyni@bellsouth.net None 06/19/2020;12:06pm Phone The Dubyn masks so this way they could prevent the spreading of Coronavirus in Boynton Beach,and all over provided. Agenda Florida and all over the United States,and it would be respectful to everybody. I thank you very much Mr.Mayor. Thank you very much for all the work you have been doing. I greatly appreciate it. God bless you. Bye bye." 2. Not On Tom "Good Evening, My name is Tom Kaiser a WW2 Navy Veteran who had the Pleasure of building the wwiinavy@aol.com 561-523- 07/06/2020;4:07pm, Phone and The Kaiser Veterans Memorial Park on Federal Highway in our City. 3123 07/07/2020;10:23am, E-mail Agenda 07/07/2020;10:37am, The City Sign for the Park is almost sitting on the ground and looks like any other Monument in the 07/07/2020;10:46am Park.Its not a Monument it is the Name of the Park and needs to be raised on a base to at least 24 inches high, We can then start to dress that base up with a Hedge Row completely around the base to match the hedges at the back of the Park. We can then remove the bushes in the front and replace them with the same Hedges. A lot of money and 8 years went into the building of this beautiful Memorial to all who have served this Country and all who will do so in the future.The builder asked for no help up till now.The Park entryway is a bit of a mess right now and needs a little Love and attention.Please!!! The Sign comes with its own base of 5 or 6 inches. It needs a Cement base of 18 inches. The sign will be removed by Lake Worth Monument and replace it when the base is finished at no cost to the City. I will pay for the Cement if necessary. Tom Kaiser"