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Minutes 08-04-20 MINUTES OF THE CITY COMMISSION MEETING HELD ONLINE VIA THE GOTOWEBINAR PLATFORM BOYNTON BEACH, FLORIDA ON TUESDAY, AUGUST 4, 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. Alan Karjalainen, Web Design Coordinator, provided information regarding how to participate in the live stream online meeting. Invocation Commissioner Hay provided the invocation. Pledge of Allegiance Commissioner Justin Katz led the Pledge of Allegiance. Roll Call City Clerk Gibson called the roll. There was a quorum. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Motion Commissioner Romelus moved to approve the agenda as stated. Vice Mayor Penserga seconded the motion, which unanimously passed. 2. Other A. Informational items by Members of the City Commission Commissioner Katz spoke with John Markey from JKM. Meeting Minutes City Commission Meeting Boynton Beach, Florida August 4, 2020 Commissioner Hay had a wonderful breakfast at City Hall with staff. Commissioner Romelus had no disclosures. Commended the Parks and Recreation staff, for collaborating with Loggerhead Marine Center to provide a great program for some young students. Vice Mayor Penserga had nothing to disclose. Mayor Grant noted on July 24 attended the Business Development Bureau Town Hall. Spoke with Dr. Fennoy of Palm Beach County School District, regarding what the city could do to help the children transition back to online school. The Education Foundation will be working with Katherine Matos, Assistant City Manager to make sure the students of Boynton Beach have supplies. July 25th attended the Boynton Strong Event. July 27th, attended the South Central Regional Wastewater Treatment Board meeting. July 28th attended Town Square meeting with the Executive team for the City of Boynton Beach as well at the National League of Cities Early Childhood Municipal Policy Seminar. July 29th attended the Transportation and Disadvantage Local Coordinating Board. Announced August 7th there will be a backpack Grab and Go at Densen Pool. He also had a conversation with John Markey and Jeff Johnson of JKM. 3. Announcements, Community and Special events and Presentations. A. Proclaim the month of August 2020 as Water Professionals Month. Phil Donovan, State Publicity Chair for the FL Water & Pollution Control Operators Association, will accept the proclamation. Mayor Grant proclaimed the month of August as Water Professionals Month. Phil Donovan, State Publicity Chair for the FL Water & Pollution Control Operators Association, will accept the proclamation Phil Donovan, State Publicity Chair for the Florida Water and Pollution Control Operator Association. Thanked the Mayor and City Commission for taking time to speak with the water professionals. They will display the proclamation. B. Early Voting for the August 18, 2020 Primary Election will begin on Monday, August 3, 2020 and will continue through Sunday, August 16, 2020. The Early Voting hours are from 10:00 a.m. until 7:00 p.m. daily at the Ezell Hester Community Center located at 1901 North Seacrest Boulevard. A listing of Early Voting locations throughout Palm Beach County is available at the following website: htt•s://www.•bcelections.or•/Voters/Earl -Votin•. Mayor Grant announced early voting in cooperation with the Palm Beach County Supervisor of Election. The Ezell Hester Community Center will be an Early Voting location. This location is available to all citizens within Palm Beach County. 2 Meeting Minutes City Commission Meeting Boynton Beach, Florida August 4, 2020 C. On Friday, August 7, from 9am to 4pm, a Health Care District of Palm Beach County mobile bus is coming to the Ezell Hester Center in Boynton Beach to provide free COVID-19 tests for county residents. No appointment is needed. ID and facial coverings are required. If there are questions, please call 561-642-1000 Mayor Grant Health Care District of Palm Beach County mobile bus is coming to the Ezell Hester Center in Boynton Beach to provide free COVID-19 tests for county residents. No appointment needed. ID and facial coverings are required. D. Due to the Presidential Preference Primary, the August 18th City Commission Meeting has been moved to Wednesday, August 19th at 5:30 p.m. Mayor Grant announced due to the Presidential Preference Primary the August 18 City Commission Meeting has been moved to Wednesday, August 19 at 5:30 pm. E. Regular Commission Meeting on Tuesday, September 1st, 2020 at 5:30pm (Location TBD) Tuesday, September 8th at 5:30pm — First Public Budget Hearing to adopt the Proposed Budget and to adopt the Final Fire Assessment Rate Resolution (Location TBD) Regular Commission Meeting on Tuesday, September 15, 2020 at 5:30pm (Location TBD) Tuesday, September 22 at 5:30pm - Second Public Budget Hearing to adopt the Final Millage Rate and Final Budget (Location TBD) Mayor Grant announced the Regular Commission Meeting on Tuesday, September 1, 2020 at 5:30pm Tuesday, September 8 at 5:30pm — First Public Budget Hearing to adopt the Proposed Budget and to adopt the Final Fire Assessment Rate Resolution (Location TBD) Regular Commission Meeting on Tuesday, September 15, 2020 at 5:30pm (Location TBD) Tuesday, September 22 at 5:30pm - Second Public Budget Hearing to adopt the Final Millage Rate and Final Budget (Location TBD) Mayor Grant stated there would be four commission meetings in September. Lori LaVerriere, City Manager replied yes. Noted the TRIM schedule did not work in the City favor this month and required to have both of the hearing off the regular schedule. 3 Meeting Minutes City Commission Meeting Boynton Beach, Florida August 4, 2020 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) Allan Karjalainen, Web Design Coordinator, provided an overview of how to participate. Joan Nelson 170 SE 26 Avenue wants to be more involved with the community. The roads are falling apart; the gravel is like little rocks. There has been problem with garbage pickup. There are people who go through the trashcans. Many city workers cars going through her area. There are several neighbors having commercial businesses on their property. There is a neighbor renting out his garage and the tenants are using the side of the garage as a bathroom. She has called the police regarding parking on the sidewalk and along the street. Stated there was a lack of respect in the community. She has called the police and they do not want to give tickets for the garbage, parking on the street or next to the fire hydrant. She cannot enjoy a peaceful existence. Mayor Grant thanked Ms. Nelson for coming forward. Stated they are moving forward with the Community Standards department. If a business is not wearing a mask as required. Ms. Nelson understand there is no law with respect to a small family getting together. Inquired if there are any laws, which prohibit 75 or more people getting together in a confined space. Mayor Grant stated the city is going through the parking ordinance; the city is trying to add metered parking. How does the city enforce parking standards in the neighborhood? If you have an unregistered or vehicle, it cannot be parked on the grass. Ms. Nelson stated she has a swale, and understand she is responsible for the upkeep of the swale. Indicated very large trucks and cars Park in the swale. Mayor Grant responded the law allow the resident to place blocks in the swales. Susan Oyer 140 SE 27 way, thanked Andrew Mack, Adam Temple, and Jaime Lynn who quickly took care of a problem she was having. Asked the commission to look at the ordinance regarding trees. Ralph Lewis 1054 Gateway Blvd, speaking on behalf of the Hat Foundation. Provided turkey for 10,000 families. Requested a donation to the Hat Foundation, they were able to feed six families of five people each for the $200 donation made by Mayor Grant. Mayor Grant stated he was willing to help again, and provide some community support funds. 4 Meeting Minutes City Commission Meeting Boynton Beach, Florida August 4, 2020 Annette Gray 1500 Gateway Blvd suite 220, provided an update on CBDC Entrepreneurship Institute, this summer because of the economic grant, the students were able to take some classes at Ivy League colleges. Joined as a consultant with FAU. Reached out to Boynton Beach, regarding to CBDG grants that are available. Yvonne Savon 3050 North Federal Highway apartment 1405, speaking on behalf of Casa Costa, there is an issue on the original site plans. There are 395 units, 77 of those units are transit units. Those 77 units classified as hotel/condo. The homes in Casa Costa does not have any type of room service. There needs to be some type of rezoning. Mayor Grant suggested reviewing the association documents. The association documents may need some amendments. Ms. Savon responded the board is in the process of amending the association bylaws. The association attorney suggested requesting the city for a zoning change. Mayor Grant responded this is a question for the City attorney, he does not think rezoning is not the answer. Questions: President of Tuscany inquired about SE 23 and Federal Highway. Who is paying for the underground Infrastructure that has been going on for several months? Is Taco Bell still going in that location? What are the plans for the property? The property is an eyesore. Mayor Grant replied Colin Groff; Assistant City Manager informed him that the City of Boynton Beach is paying for the utility work. Taco Bell has some delays due to some design changes. The utility work is almost complete and the rest of the work should be proceed shortly. Public Audience closed. 5. Administrative A. Appoint eligible members of the community to serve in vacant positons on City Advisory boards. Mayor Grant announced openings for each Board. Commissioner Katz nominated Jeremiah Young to the Education and Youth Advisory Board (STU NV). Commissioner Romelus seconded the motion, which unanimously passed. 6. Consent Agenda 5 Meeting Minutes City Commission Meeting Boynton Beach, Florida August 4, 2020 Vice Mayor Penserga pulled item 6-G Mayor Grant pulled item 6-F 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. R20-069 - Authorize the Mayor to sign the tri-party interlocal agreement between the City of Boca Raton, the City of Delray Beach and the City of Boynton Beach for the purpose of operating a Biology Processing Laboratory (BPL) to pre-process DNA samples obtained by Boynton Beach Police Department pursuant to criminal investigations. B. Proposed Resolution No. R20-072 - Authorize the City Manager to sign a new three year agreement with Environmental Systems Research Institute (Esri) for a Small Government Enterprise License Agreement through with a total cost of $157,500 to continue the use of the Esri's ArcGIS geographic information system software platform. C. Proposed Resolution No. R20-073 - Approve and authorize the City Manager to sign the Statement of Work Summary from ERMProtect (Enterprise Risk Management) to purchase and implement Qualys advanced threat detection and patch management software to monitor, detect, remediate and prevent cybersecurity events on our City computer assets. D. Approve an increase to the estimated annual expenditure of the US Communities Contract# R-TC-17006 with Amazon Business in the amount of $25,000, increasing the estimated annual expenditure from $40,000 to $65,000. E. Accept the Fiscal Year 2019-2020 Budget Status Report of the General Fund and the Utilities Fund for the nine (9) month period ended June 30, 2020, Unaudited. F. Proposed Resolution No. R20-074 - Approve and authorize the City Manager to sign an agreement with the first ranked firm, ABM Building Solutions, LLC for Town Square / City Facilities Maintenance Services., subject to final approval by the City Attorney, in accordance with the Request for Qualifications (RFQ) No. 009-2511-20/RW. Mayor Grant requested a presentation. Colin Groff, Assistant City Attorney introduced Chad Armstrong, ADM. 6 Meeting Minutes City Commission Meeting Boynton Beach, Florida August 4, 2020 Chad Armstrong, ADM Building Solutions, proud to serve the city of Boynton Beach, with potential job opportunities, recruitment and hiring. The company respects and has appreciation for differences of everyone. Commitment to equal employment opportunity an affirmative action. ADM has a high number of veterans; the company share in the success our clients. The company has an excellent training program and opportunities to use those skills. There are more than 400 resources available, onboarding and new hire training and tools, skill and department specific leadership development. Safety training daily moment for safety online and classroom training program, site inspections, OSHA compliant safety program, Local safety subject matter experts and regional safety directors. Mr. Armstrong stated he was excited to become a part of team Boynton. There are some opportunities such as landscape, Janitorial, Lawn maintenance. We promote growing from within. Mayor Grant stated this was very important to provide a workshop; this is a worldwide company, looking forward to working with him. Vice Mayor Penserga asked about the number of jobs available. Mr. Armstrong stated they are in the process of working with staff to clarify and finalize some of the specific scope and Statement of Work. Noted he has been looking at a couple of places to have a job fair. Commissioner Romulus wanted to make sure that were are giving back to the local efforts and economy. Motion Vice Mayor Penserga moved to approve. Seconded by Commission Hay, which unanimously passed. G. Proposed Resolution No. R20-075 - Authorize the City Manager to sign the Disaster Relief Funding Agreement for Federal and State assistance for DR-4486 COVID-19 between the City of Boynton Beach and State of Florida, Division of Emergency Management. H. Proposed Resolution No. R20-076 - Approve and authorize the Mayor to sign a CORONAVIRUS RELIEF FUND (CRF) SUBRECIPIENT FUNDING AGREEMENT between The CITY OF BOYNTON BEACH ("Subrecipient"), a local government that meets the State Housing Initiatives Partnership ("SHIP") Program eligibility requirements, and the FLORIDA HOUSING FINANCE CORPORATION ("Florida Housing"), a public body corporate and politic duly created and existing under the laws of the State of Florida, to govern the expenditure of the CRF funds as indicated in the accompanying agreement and subsequently disbursed CRF funds by Florida Housing. 7 Meeting Minutes City Commission Meeting Boynton Beach, Florida August 4, 2020 Mayor Grant read the proposed resolution no. R20-076 by title into the record. Vice Mayor Penserga requested clarification on what this means to the city residents, and how to use these funds. Expressed housing is obviously a very big problem, as it relates to evictions and the moratorium delayed. There is uncertainty in the community. Lori LaVerriere City Manager stated there is a $263,000 in Cares Act funding that will allow the city to augment the existing programs to go toward affordable housing. Mike Rumpf, Development Director Staff created criteria for allocations. There is an agreement between the city of Boynton Beach and SHIP and the State of Florida program, for distribution of funds. Vice Mayor Penserga asked about the income requirement, what does this mean and 120% of the AMI Lashea Brooks, Interim Community Improvement Manager, explained AMI is an abbreviation for'area median income,'this is a statistic by the U.S. Department of Housing and Urban Development (HUD) for purposes of determining the eligibility of applicants for certain federal housing programs. In the United States as a whole, the AMI for a household of four is around $60,000 per year. In Palm Beach County, the AMI is $73,800. here are several applications, working with rental assistant as well as emergency housing, they will be about to assist with emergency repairs, applicants which are evicted can assist them with security deposit, this is including in the monthly rent and the association fee, final program is the homeownership program, they will sent they over to the homeowner prevention program. The city currently administers program with mortgage assistance, rental assistant, homeowner's insurance policy payment, association fee payment, home repairs. Vice Mayor Penserga asked if people are on the edge of eviction. Inquired if these funds would be allowed to pay back rents. Ms. Brooks stated the program designed to pay rents in advance. Vice Mayor Penserga inquired if someone received funding from another source, would the city also provided funding. Ms. Brooks responded the city does not duplicate funding or services. Vice Mayor Penserga asked about the timelines. When would this program begin? Ms. Brookes indicated as soon as the agreement is signed and sent back to Florida Housing it can began, indicated she has four files awaiting the agreement signature. Ms. Brooks provided a telephone number as well as an email address: 561-742-6066 Brooksl a@bbfl.us. Motion 8 Meeting Minutes City Commission Meeting Boynton Beach, Florida August 4, 2020 Vice Mayor Penserga moved to approve. Commissioner Romelus seconded the motion, which passed unanimously. I. Approve minutes from the City Commission meeting on July 21, 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. Approve the extension for RFPs/Bids and/or piggybacks for the procurement of services and/or commodities as described in the written report for August 4, 2020 - "Request for Extensions and/or Piggybacks Over $100,000." B. Approve an increase to the estimated annual expenditure of Omnia Partners City of Tuscon Contract # 192163 with Grainger Inc. in the amount of $50,000, increasing the estimated annual expenditure from $70,000 to $120,000. C. Approve an increase to the estimated annual expenditure for Water Meters and Equipment with Sensus USA in the amount of$200,000, increasing the estimated annual expenditure from $400,000 to $600,000. D. Proposed Resolution No. R20- 077 - Approve a contract with Globaltech, Inc. for the installation of new emergency power generators of the East Water Treatment Plant (EWTP) and authorize the City Manager to sign the contract. The phase 1 budget for development of the GMP is $142,051.00 Globaltech, Inc. was selected through Request For Qualifications (RFQ) #066-2821- 19/TP and approved by Commission at their June 2nd 2020 meeting. E. Proposed Resolution No. R20-071 - Authorize the City Manager to sign a new five-year contract with CentralSquare Technologies, LLC. with a total cost of$1,169,498.04 to continue the use of the Naviline enterprise resource planning software and maintaining CentralSquare Technologies, LLC. as our applications services provider. Motion Commissioner Katz moved to approve the Consent Agenda for items over $100,000. Commissioner Hay seconded the motion, which passed unanimously. 8. Public Hearing 9 Meeting Minutes City Commission Meeting Boynton Beach, Florida August 4, 2020 6 p.m. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Proposed Ordinance No. 20-028 - Second Reading - Approve amendments to Part II of the City Code of Ordinances, Chapter 14, Motor Vehicles and Traffic, creating a new Section 14-14, Parking Meters, to add definitions, standards, and fees to regulate parking meters in the City and striking Chapter 16 Section 16-61 and 16-82 removing redundant language. Attorney Cherof read proposed ordinance no. 20-028 into the record by title on second reading. Mayor Grant suggested an annual pass for the boat ramp of $350. Stated the city has Commercial Fishermen. Attorney Cherof stated the fee could be worked into the fee schedule. Commissioner Katz asked if there would be a different amount for residents versus non- residents. Mayor Grant indicated since Palm Beach County help fund the boat ramp improvements; this could not be limited to just Boynton Beach residents. Commissioner Hay asked if the $350 was in line with other cities. Mayor Grant stated he does not have those numbers. This could be done one yearly. This would be a pilot program. Commissioner Katz asked how this would affect the revenue, relative to operations. Colin Groff Assistant City Manager explained the fees are not listed in the ordinance itself, the fees are listed in the resolution. The city has not looked at that, but think it would be a difficult one to calculate. Because we do not have exact count. Mayor Grant asked if anyone applied for the annual pass for the boat ramp. Andrew Mack, Director of Public Works, indicated there is an annual boat pass for the Oyer park, he is not sure if this would affect the revenue. Mayor Grant stated if you are a Commercial Fisherman, and if you fish all day all week, before you could have paid 50 per month. Now the cost is $350. 10 Meeting Minutes City Commission Meeting Boynton Beach, Florida August 4, 2020 Vice Mayor Penserga supports the annual pass. He requested comparison with other municipalities and other boat ramps. Attorney Cherof stated the fee schedule is in the resolution. Mr. Mack stated they do not need to name it in the ordinance, and they will make the adjustment in the fee schedule Motion Commissioner Hay moved to approve. Seconded by Vice Mayor Penserga, the motion passed unanimously. Opened to public comment. Susan Oyer 140 SE 127th way, inquired if this fee was for boaters. Mr. Mack stated this would be for every space at Oyer Park. The spaces will have meters. Ms. Oyer inquired if families are going to play in the park would they need to pay. Noted her taxes has already paid for the park. She was in agreement with the boaters paying the extra fee. This is wrong for families to have to pay for parking. The boaters are using the facilities; residents are being forced to pay for parking. This is wrong; it is not as if the park is overwhelmed with people. Mayor Grant inquired if the city would charge the Coast Guard for parking, when they have a meeting. Lori LaVerriere City Manager stated the Coast Guard should be exempt from paying a fee. The Coast Guard provide a free service to the city. Commissioner Hay stated most of the parking spaces are long. Inquire how many regular parking spaces are regular. Mayor Grant replied someone is saying 10 spaces. Commissioner Hay agreed with Ms. Oyer. She has a valid point. It seem a little unfair, to charge the boaters the same as families to use the playground. Mayor Grant stated this would be under the fee structure, trailer versus vehicle. Mr. Mack stated at Oyer Park would be an hourly rate. Mayor Grant asked if they are encouraging people to park at intercostal and walk over. 11 Meeting Minutes City Commission Meeting Boynton Beach, Florida August 4, 2020 Vice Mayor Penserga inquired about the current rate. Mr. Mack replied currently there is a flat rate for parking. Ramona Young 101 South Federal Highway stated it was too much to ask residents to pay for parking at Oyer Park. Public Comment closed. City Clerk Gibson called the roll. The vote was 5-0. B. Proposed Ordinance 20-029 - First Reading Approve request for Abandonment of a portion of a ten (10) foot wide Utility Easement (ABAN 20- 008) located at 2735 SW 23rd Cranbrook Drive, Cranbrook Lake Estates PUD. Applicant: David LaMaster Attorney Cherof read proposed ordinance no. 20-029 on first reading. Motion Commissioner Hay moved to approve. Vice Mayor Penserga seconded the motion passed unanimously. Opened to public comment. Public Comment closed. City Clerk Gibson called the roll. The vote was 5-0. 9. City Manager's Report A. Discussion and direction by City Commission regarding the reinstallation of the mural at Fire Station #1. Katherine Matos, Assistant City Manager, provided a brief update of the reinstallation of the mural at Fire Station 1. Indicated at the June Arts Commission board meeting, it was discussed and decided to put the originally approved mural up. It was also decided the prudent thing to do would be to have a written consent from the people depicted in the murals. Letters were sent out to those people who were identifiable. As of today, staff received 13 responses, 12 of them are positive. The goal is to do right by the community, right, by the art world, right by the artist, and staff wanted to have a discussion with you all on how to move forward. It is staff recommendation to move forward with Re-installing, the mural, as it was originally designed. 12 Meeting Minutes City Commission Meeting Boynton Beach, Florida August 4, 2020 Mayor Grant asked how many no replies received. Ms. Matos stated there was one person requesting not be shown. There were about 20 letters not responding. Mayor Grant asked about the 20 not responding, are we using their likeness without permission. Attorney Cherof stated this was the purpose for sending out the request for consent letters. Whether there is risk associated with identifying, from a legal point of view, they have asked for consent, people have chosen corresponded. Vice Mayor Penserga inquired when the letters were sent out. Also, did everyone receive a copy of the artwork, and was a deadline given when responses were due. Ms. Matos responded there was no deadline given. Provided a return envelope. Vice Mayor Penserga asked what to do, if the city is about to reinstall and a letter is received stating the person, no longer wants to have their picture on the mural. Mayor Grant stated an option was not given for a non-consent. Staff needs to resend the letter with a change in language. Commissioner Romelus stated there should be an end date. Commissioner Hay stated they are in no hurry; he wants this done correctly. Give the person proper time to respond. Mayor Grant asked if 30 days enough to respond. There was a consensus. Lori LaVerriere stated they would work with legal before it is sent out. There was consensus the Commission will review prior to letters being sent out. 10. Unfinished Business A. Continuation of Commission review of Town Square private development status. Lori LaVerriere, City Manager wanted to revisit Mr. Markey request. Mr. Markey requested the following of the City Commission: 1. Instruct city staff to open negotiations with him to pursue bank financing and have the City sign as a co- guarantor. 2. Instruct staff and Michael Simon, the CRA Director, to start a conversation about how TIFF financing provided to fund improvements. Encourage the City Attorney to work with Mr. Markey's attorney in "cleaning up" easements on the existing parcels. 13 Meeting Minutes City Commission Meeting Boynton Beach, Florida August 4, 2020 Attorney Cherof stated the easement request protects Mr. Markey interest. Noted Mr. Markey interest comprise two parking lots. Newly paved parking lots on Boynton Beach Boulevard, and east of the Children's Museum. Mr. Markey requested the City of Boynton Beach enter into an agreement that contained a number of provisions in exchange for him allowing us to use that property as temporary parking for City Hall and all the other facilities. Attorney Cherof concerns was make sure this space was not for storage of equipment other than vehicles. Confirmed in writing to Mr. Markey's attorney the agreement as well as the format. Mr. Markey need to obtain consent of the lender, which has an interest in the property. The City was informed Friday, consent of the Lender has been received. Therefore, the documents are signature ready. Since he is granting the easement to the city, Staff requested that he provide his signature, to those documents first. Attorney understanding as of today, Mr. Markey's attorney has advised Attorney Cherof paralegal that he will obtain the signature. Attorney Cherof noted the only action that is required on those temporary parking easement is the commission to authorize the Mayor by motion to sign the agreement when the signed agreement received from Mr. Markey. Note the easements will be released in sequence. Colin Groff stated there are easements for utilities along the property lines that are necessary to finalize the project. There are four easement; there are two for the city and two for JKM Mayor Grant stated at a previous meeting; if the city were going to cosign anything, the land would be given back to the city. The city is not going to be held liable for the loan, and not own the land. Commissioner Katz asked staff for their recommendation. If the city is guaranteeing the loan which would finance the project, is there any benefit continuing the relationship if the party cannot fulfill their legal obligation. Inquired if there is a benefit and some continuity. Alternatively, is it better to bifurcate the garages, because they are on a completely different plot, as well as time schedule? If the city were going to back a loan for a garage, he would oppose anything other than the south garage. Requested guidance from staff. Should the city continue with this partnership, which is not producing or would it be better to end the partnership with JKM? Lori LaVerriere requested for clarification about giving the land back. Inquired if the Mayor was speaking about only the parcel, the portion of land on which the garage will sit or the entirety of the parcel, including the residential development piece. Mayor Grant replied it would be all. If the developer defaults, the city would have collateral. Ms. LaVerriere inquired how would that effects the developers financing. This would be a restructuring of the contract. Asked if this was for the north and south. 14 Meeting Minutes City Commission Meeting Boynton Beach, Florida August 4, 2020 Mayor Grant stated the first request was not in the original contract. This would be a renegotiation. Vice Mayor Penserga, stated there needs to be a renegotiation. Commissioner Hay stated he does not feel comfortable with Mr. Markey. Vice Mayor Penserga inquired when the last time there was a meeting with Mr. Markey. Ms. LaVerriere stated before COVID. Ms. LaVerriere stated from a co guarantor standpoint to consider renegotiation of the contract and conveying the land back to the city. Asked about the TIFF funds. Mayor Grant replied this was be for the CRA board to discuss. Commissioner Katz stated he wanted to weigh in on the TIFF funding now. There was limited opportunity to discuss this funding. Based on the financials he has seen from city staff and how much money has already been invested in this partner to developed properties, just leads him to believe that, he would not, under any circumstance support another penny from the CRA because literally millions have been poured in the infrastructure. The city gave the land. Plan B is to support failure, to be able to deliver on a contract is not give more money to the party that failed to deliver and I cannot support that for any reason. Commissioner Hay stated there were a list of requirements that needed to be satisfied. The developer needs to do what has been agreed. He was not ready to spend additional funds on this developer. Mayor Grant stated any TIFF dollars would be after the completion of the project. This is money, which comes after the certificate of occupancy. The city hopefully would have workforce housing, subsidized housing on the property and create affordable housing. Reaching out to the community, more parking spacing, there should be more parking spaces. If they were not offering anything more, then he would agree with Commissioner Katz and Commissioner Hay. Commissioner Hay stated this is why the commissioner has directed the City Manager and the Assistant City Manager to renegotiate with JKM. Mayor Grant stated the city and the CRA are two different entities. Commissioner Katz stated it was his understanding relative to any proposal for affordable housing on this property, for tiff funding, if the party, in question defaults and is incapable of performin,g and the contract is broken; this site would automatically be subject to the affordable housing ordinance?Which would mandate affordable housing by whoever took 15 Meeting Minutes City Commission Meeting Boynton Beach, Florida August 4, 2020 over the project. Whereas the current project was codified prior to the ordinance. Inquired will it be mandatory that any other parties, who take over and develop this property, build affordable housing, if a similar residential structure moved forward? Attorney Cherof replied the answer was yes. Mayor Grant asked if the work-housing ordinance is mandatory. Attorney Cherof stated the ordinance as drafted would apply to someone new coming in. It does not apply to JKM, because they came in before the ordinance was in place Mayor Grant stated it is Voluntary workforce housing versus mandatory workforce housing. Unless someone wants to have workforce housing the City are not going to require it. It is not a mandatory work force housing ordinance. Even though it would apply, if they ask for additional height or density. Commissioner Katz stated except for the fact that the city under this scenario would own the land and could mandate anyone who took on the project to adhere to that component of the ordinance. Attorney Cherof stated that is correct. Commissioner Katz stated his point is, he is not inclined to pay somebody for anything the city could get free under the alternative scenario. Commissioner Romelus expressed the easiest thing to accomplish is to get those easements. This is a good faith effort, to show there is a partnership, and to get those easements signed. She would make sure there is a discussion to figure out what is going to happen. JKM made a promise that has not been delivered. There is a timeline, in her opinion; she does not see good faith effort. The city needs to move forward, if that means getting another partner she was in agreement with that as well. Commissioner Hay asked about a reverter clause. Attorney Cherof stated there is an option agreement, with JKM him obtaining financing on the property. Commissioner Katz requested all future meeting between city staff and JKM would have minutes taken. He would like to know what was said in any future meeting. There was a consensus. Attorney Cherof requested clarifications, there are written agreements, which require JKM and Mr. Markey to fulfill certain responsibilities to build the project out. The commission is directing the City Manager, City Attorney and Colin Groff to return to the table to 16 Meeting Minutes City Commission Meeting Boynton Beach, Florida August 4, 2020 renegotiation. The first step would be for JKM to review the documents and come back with a proposal, which clarifies how the documents are modified, if they intend to go forward with the entire project. If they intend not to move forward with the entire project, whatever he drafts as a proposal should be contained in the document. Attorney Cherof stated it would not serve any purpose to go to the table without a proposal. Attorney Cherof stated he was in agreement with Commissioner Romelus regarding the easements. The first step should be to take care of the issue with the easements. Expressed Mr. Markey's attorney his client was prepared to sign off on the easements. Once this is done, the team can consult with the commission. There was consensus. Vice Mayor Pensega asked for a timeline to get this done. Attorney Cherof stated the best people to establish the timeline is the commission. Noted he would work with Lori LaVerriere City Manager, and Colin Groff Assistant City Manager to work with JKM. Commissioner Katz requested to bring the information to the first meeting in September. If one party has indicated, they are having struggles and maybe incapable fulfilling the contract. It should be their responsibility to dig a way out of this. The City did not create this issue. There was consensus for the first meeting in September. 11. New Business- None 12. Legal A. Proposed Resolution No. R20-078 - Approve the Parking Division fee schedule associated with the installation of automated parking technology which includes parking rates, permits, valet, violations, and penalties Mayor Grant read the proposed resolution no. R20-078 Andrew Mack Public Works and Solid Works Director provided a recap of the discussion of ordinance 20-078. Informed the commission there were 330 boat permits issued for Oyer Park boat ramp. Mr. Mack provided a comparison of other municipalities. Boca Raton charges $60 for Palm Beach County Residents. There is a charge for non- residents of$480. Lake Worth Beach charge $50 for Florida Resident and $150 for commercial and non-Florida residents. There was a consensus at a previous Commission meeting, to adjust the proposed residents parking pass. The pass would remain at $50. Similarity the senior parking permit, and in the future would include veterans, and disabled persons. 17 Meeting Minutes City Commission Meeting Boynton Beach, Florida August 4, 2020 This fiscal year amended revenue for daily parking rates is $300,000, and parking permits is $170,000. Proposed for next fiscal year, $680,000 for daily parking, $50,000 for parking citations. Commission directed Mr. Mack to see the impact if the rates were lowered. Mr. Mack stated it would be about a 21% reduction in the daily parking fees, which equates to about $142,000. The resolution could be amended to include the boat-parking permit. He will get this corrected before publishing. Informed the commission the City of Lake Worth Beach has a commercial permit rate of $150. He believes this was a fair amount. Commissioner Hay asked how many spaces are at the City of Lake Worth Beach. Mr. Mack stated he does not have that number. Colin Groff, Assistant City Manager stated there are two questions regarding the ordinance. The passes for boat parking. This would be easy to add into the resolution. The other thing you may want to consider right now, Commercial Fishermen during the weekday. Mr. Groff stated if the city added a pass, staff recommends having the pass for the weekday only. The weekend is extremely busy. Commercial Fishermen are usually during the weekday. The 10 parking spaces in Oyer Park would be labeled for cars only, and would be free. Indicated on the weekend there would be a charge for the spaces. If parked in a boat space there would be a fee. Mayor Grant stated in addition, staff would work with the local Coast Guard auxiliary to give an exemption to their members as well. Motion Commissioner Romelus moved to approve Resolution R20-078 as amended for 10 free parking spaces for vehicles without trailers. Commissioner Hay seconded the motion, which passed unanimously. Motion Commissioner Romelus move to approve a Boat parking pass of $350 annually, in addition, staff would work with the local Coast Guard auxiliary to give an exemption. Seconded by Commissioner Hay, motion which passed unanimously B. Proposed Resolution No. R20-079 - Authorize the City Commission to increase the amount collected for fees that are charged to the City by the Palm Beach County Clerk of Courts when a civil citation issued. Mayor Grant read proposed resolution no R20-079 by title only into the record. Attorney Cherof there is money waiting for the city to ask for it. 18 Meeting Minutes City Commission Meeting Boynton Beach, Florida August 4, 2020 Motion Commissioner Romelus moved to approve Resolution R20-079. Commissioner Hay seconded the motion, which passed unanimously C. Proposed Ordinance 20-030 - First Reading - Adoption of ordinance allowing for virtual city commission meetings by communication media technology. Attorney Cherof read proposed ordinance 20-030 on first reading into the record by title only. Attorney Cherof noted the clock is running on how much longer the city permitted under the Governor's emergency orders to conduct virtual meetings. The last emergency order that the Governor issued created quite a conflict for local government. The order stated the city could have the September budget hearings by use of technology to conduct those meetings, but did not extend the drop-dead date for regular city commission meetings, which would be August 31. The city expect the Governor's Office to fix that inconsistency between now and September 1 meeting. The Governor's office has not been communicating with local government very much about the implications of these emergency ordinances. This is the methodology of decision in the hands of the City Commission, under the city's home rule Powers, Declaration of Emergency authorization of virtual meetings, in September for regular city commission meetings, if necessary. If the fix is addressed by the Governor before a second reading of this ordinance. The city would not need a second reading. This was an opportunity to make sure that the city was not cut off for the September 1, meeting to conduct its regular City Commission meetings virtually. Motion Commissioner Romelus moved to approve Ordinance 20-030. Commissioner Hay seconded the motion. Opened to public comment Closed to public comment City Clerk Gibson called the role; the vote was 5-0 Mayor Grant requested to add some internship programs. Presentation a presentation on internships, to see how it can be expanded at City Hall Library and Civic center. To work with the city staff and do a career fair. Give an opportunity for the young adults in the community. 19 Meeting Minutes City Commission Meeting Boynton Beach, Florida August 4, 2020 Commissioner Romelus agreed. Commissioner Katz asked if the request to have city staff to conduct interviews of random students Mayor Grant replied, he was asking the marketing department to interview staff to educate the community to explain how they advanced their career with the city of Boynton Beach. It is like a career day, they see professional coming in. Vice Mayor Penserga stated he agreed. Commissioner Romelus stated the marketing department inundated with work. Suggested working with a nonprofit to conduct the interviews and videos. Commissioner Hay stated they have career days in schools. Commissioner Katz stated there are still career days through the school system. Mayor Grant stated they would not go to school this semester. This is not only for students and young adults, but for businesses as well. Commissioner Katz get consideration, ask the city manager to identify who would be the most appropriate person interviewed. Mayor Grant with Facebook live, Chief Carter, they have the equipment, we could reach out to other nonprofits. Vice Mayor Penserga, Municipal Wi-Fi. He has discovered that this is actually part of the school district plan to build some infrastructure. He would like to invite Erica Whitfield or some other staff person from their technology division to provide a presentation. Commissioner Romelus informed the commission she had a conversation with the Education Foundation in regards to the conversation we had last Commission meeting, in terms of what can we as a municipality do to help our school district and our local schools within our municipality boundaries. The Education Foundation wants to partnership with the City of Boynton Beach. 13. Future Agenda Items A. Mayor Grant requested staff present information about our CDBG/SHIP housing assistance programs - August 19, 2020. 20 Meeting Minutes City Commission Meeting Boynton Beach, Florida August 4, 2020 B. Provide update on potential sale of the Nichol's property to Pulte Homes — August 19, 2020 14. Adjournment Motion There being no further business to discuss, Commissioner Katz moved to adjourn. The motion was seconded by Commissioner Hay, which unanimously passed. The meeting adjourned at 9:00 p.m. Allan Karijalian, Web Design Coordinator 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.Orq. This concludes tonight's meeting. • : NACH • -yor - Steven -. Grant • Vic:-1. 01garir*11611 likk 1 -4. Corn - — Justin Katz Commissioner—Woos/ L. Hay Commissione / Chris Ina Romelus ATTEST: C stat Gibson, MMC City Clerk 21 Meeting Minutes City Commission Meeting Boynton Beach, Florida August 4, 2020 Queenester Nieves, CMC Deputy City Clerk 22