Loading...
Minutes 09-15-20 Minutes of the City Commission Meeting Held Online via the GoToWebinar Platform Boynton Beach, Florida On Tuesday, September 15, 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 Steven B. Grant Mayor Grant called the meeting to order at 5:32 p.m. John McNally, ITS Director, read a statement explaining how the meeting would proceed and how the public could participate. Invocation by Pastor Bob Bender of Christ Fellowship Church Pastor Bender gave the invocation. Pledge of Allegiance to the Flag led by Vice Mayor Ty Penserga Vice Mayor Penserga led the Pledge of Allegiance to the Flag. Roll Call City Clerk Gibson called the roll. A quorum was present. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Grant had $200 left from his Community Support Funds and he received a letter from 211. He would like to add an item 5B to give them the remainder of any of his community support funds. Vice Mayor Penserga wanted to revisit the Boat Ramp fee. Lori LaVerriere, City Manager, explained the Item 6A on Regular Consent, should be moved to 7A. Meeting Minutes City Commission Boynton Beach, Florida September 15, 2020 2 Mayor Grant wanted to add a discussion about the downtown and future development. He has been speaking with institutions of higher education, residents and developers and he would like to see if there was consensus about the site plans that they have approved and if the Commission would be willing to have higher education rather than 80% apartments and 20% office space. Commissioner Katz did not think they should be trying to build a college or university, and they had a vote at the last meeting to take one of two courses of action. He wanted to stay that course. Mayor Grant understood but commented he was referring to properties not just in the Town Square. It also included the D’Almeida, and Camalier properties, Mark Hefferin and Avison Young. The discussion was to discuss the possibility of expansion and the RFP including higher education. He said he spoke with Palm Beach State College and Keith O’Donnell of Avison Young, and wanted to get the Commission’s input, when they issue the RFP for maker space, to hopefully expand higher education in Boynton Beach. Commissioner Romelus thought it was outside of the scope. The RFP is for incubator space. Mayor Grant explained maker space is the same as incubator space. Mayor Grant explained they could discuss it at a future agenda. 2. Adoption Motion Vice Mayor Penserga moved to approve the amended agenda to allow the Community Support Fund distribution as item 5B and move Consent Agenda Item 6A to 7K and add a discussion of the boat fee to New Business. Commissioner Romelus seconded the motion. The motion unanimously passed. 2. Other A. Informational items by Members of the City Commission Commissioner Katz had no disclosures, but he did receive calls from residents regarding the boat ramp. Commissioner Romelus had no disclosures to make. She also received phone calls and emails about the boat ramp. Vice Mayor Penserga had no disclosures. Mayor Grant advised on September 3rd, that he spoke with Palm Beach State College requesting they tour the Old High School and City Hall, and Eric Kelley of the Quantum Foundation about moving forward with the Community Partners of Palm Beach County to have navigators help with technology/literacy in the community. On September 4th, he toured Ocean Breeze East. He noted Centennial Management has an item on the agenda. He spoke with Keith O’Donnell of Avison Young and discussed his vision of the maker space. He attended the Boynton Beach Police Department Flag Raising, and a Meeting Minutes City Commission Boynton Beach, Florida September 15, 2020 3 Boca Chamber event on September 10th. On September 11th, he attended Veterans Park for a 911 event and met with Tom Kaiser. The Fire Chief, Ray Carter, also attended. He met with Bill Morris and Bradley Miller, and with Fred Barch of Palm Beach County Adult Education. Lastly, he attended the Boynton Beach Tourism Task Force meeting. 3. Announcements, Community and Special Events and Presentations A. Quarterly update by Laura Lansburgh, Marketing Manager, about the City's Census Marketing Efforts over the past quarter. Laura Lansburgh, Marketing Manager, reminded all that September 30th was the final deadline to respond and be counted in the 2020 Census. She explained every 10 years, America counts its people and allocates funds according to the data. A slide show was viewed reflecting Boynton Beach’s response was 60.8% which was ahead of most neighboring cities. She clarified the number does not reflect census takers knocking on doors and the results of the Census won’t be known until 2021. The City is continuing to promote the Census in the City’s newsletter and on Facebook and the website is translatable in several languages. The City was still accepting entries for the Guess the Census contest. A news clip, created to incentivize residents, was viewed. Ms. Lansburgh reviewed the City’s activities regarding the Census included a press conference, safety measures, an I-95 billboard campaign and information on the City’s electronic and paper water bills. She advised the ongoing Census Competition between several municipalities shows Boynton Beach is currently in fifth place and she encouraged all residents to respond. There was brief discussion that political overtones may have dissuaded some residents from responding to the Census. B. Proclaim the week of September 17-23, 2020 as Constitution Week. Marjorie Ferrer of the Daughters of the American Revolution will accept the proclamation. Mayor Grant read the proclamation declaring the Week of September 17-23 as Constitution Week. Ms. Ferrer spoke and advised last year, they worked with the School District and created a website about the Constitution that was available to teachers and students. Because so many classes were not in session, they received permission from the School District to share the website and it was viewed by 18 different schools, and 1.2 million individuals. She thanked Mayor Grant for the Proclamation and announced 2026 will be the 250th Anniversary of America. C. Mayor Steven B. Grant to proclaim the month of September as Deaf Awareness Month. June McMahon, with Palm Beach County Association of the Deaf will accept the proclamation. Mayor Grant read the proclamation. June McMahon, Boynton Beach resident, thanked the Commission for their support and for providing interpreters at the meetings. Meeting Minutes City Commission Boynton Beach, Florida September 15, 2020 4 D. Mayor Steven B. Grant to recognize and present a certificate to the City's 1st Inclusion Works Business Partner, Joy Ford-Fradique and the Access Perfect Homes Team at Keller Williams Realty. Joy Ford-Fradique was proud to present the Access Perfect Homes program and recognized Beth Wagmeister, City ASL Interpreter. Ms. Wagmeister thanked Mayor Grant for establishing the program. As the inventory increases, they will have realtors ready to help meet that demand. Mayor Grant asked to reorder the agenda to hear the boat fees before the Consent Agenda. Motion Commissioner Romelus so moved. Vice Mayor Penserga seconded the motion. The motion unanimously passed. 4. Public Audience Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Susan Oyer, 140 SE 27th Way, thanked Dwight Saulter, the cemetery staff and Mr. Groff for addressing the cemetery issue she brought to their attention and complimented staff on the expeditious response once they realized where the damage was. Sven Mautner, 2838 SW 8th Street, thanked the Commission for keeping the annual boat ramp sticker available to boaters. It was reassuring to hear it was on the agenda for discussion. He thought with community input, a compromise could be reached. Luanne Moore, 133 Buffett Key, spoke about the wireless telecom facility the City was permitting and the high-powered antenna at 755 W. Boynton Beach Boulevard in close proximity to the public, without an active right-of-way permit and permitted under the City’s electrical permit. She referenced Chapter 25.1.2 Communication Facilities and Public Rights-of Way and an FCC rule of 1996. This section states in regulating its public right- of-way, the City shall be governed by all applicable federal and state laws. She highlighted Section 25.1.6 for Maintenance, the plan submittal include specifications for each communication facility and the City is entitled to such additional information that the City finds reasonably necessary regarding placement or maintenance of the communication facility that is subject to the permit application to review such permit application. The City may also promulgate additional reasonable rules and regulations regarding the placement or maintenance of such communication facilities in public rights- of-way consistent with this chapter and other applicable law.” She asked how the FCC and other federal regulations that protect the public were precluded from this review. Ms. Meeting Minutes City Commission Boynton Beach, Florida September 15, 2020 5 Moore contended the City has been sent the complaint and thought the lack of compliance with state and federal law and permitting and questionable building code compliance issues regarding the towers was creating huge liabilities and insurance issues for the City and to the public. She urged the city to address the issue and noted other cities across the state and country are addressing the problems and finding solutions. She urged the City to take action. Mayor Grant suggested she email the City Manager and set up a meeting to discuss the resources she found. Annette Gray, Founder and President of GBDC Entrepreneurial Institute, 1500 Gateway Boulevard, Suite 220, thanked all for the support. The team was excited to help with the Census and they were ready to go. She thanked Ms. Lansburgh and Ms. Krusell. She announced GBDC was also hosting an annual youth forum on youth, criminal and justice issues. It is a round table discussion with youth from all over the country. Participating social and criminal justice individuals will include the Chief of Police, Michael Gregory, Mayor Grant, the Consulate General of Jamaica, the Delray Beach Chief of Police and several participants from the Palm Beach County Sheriff’s Office and a juvenile court judge. An FBI Agent may also participate. She hoped the Mayor would attend the September 17th event from 6 p.m. to 8 p.m. on Zoom. Dr. Lois Smith explained this was her third week coming before the City Commission. She thanked the Commission for helping some residents in Boynton Beach; however, when she previously spoke to the Commission, she had indicated FPL had been contacted by city officials and Habitat for Humanity. Several others came out to see the overgrowth around the wires connecting to residential homes in her area. Nothing was done to correct the matter. She requested FPL honor the residents’ request as they are paying customers. Mayor Grant agreed to drive by and get the pole numbers. As for pole growth, he pointed out property owners also have responsibilities and he requested she send him the addresses in writing and the City will make the request. If there is overgrowth in the easement, the City will clear the overgrowth. Commissioner Hay requested a copy of the list as he was aware of other areas. Community Standards will be sent out to take a look. Dr. Smith advised she paid people to trim, but the remainder was FPL’s responsibility. Claudial (last name inaudible), speaking on behalf of her uncle at 170 NE 27th Court, explained he was having issues with stormwater that does not drain and the water came inside the house. When there is a heavy rain, there is standing water. Mayor Grant agreed to speak with Utilities and Commissioner Hay will follow up and review the stormwater plan to see what and when something could be done. No one else coming forward, Public Audience was closed. 5. Administrative A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. Meeting Minutes City Commission Boynton Beach, Florida September 15, 2020 6 Mayor Grant read the vacancies Motion Mayor Grant moved to appoint Rhonda Sexton as an alternate on the Historic Resources Preservation Board. Commissioner Romelus seconded the motion. The motion unanimously passed. Motion Mayor Grant nominated Lindsay Karten as a regular on the Library Board. Vice Mayor Penserga seconded the motion. The motion unanimously passed. B. Mayor Grant Community Fund 211 donation Mayor Grant explained when he receives calls during the pandemic, he refers them to 211 and he requested the remainder of his account go to 211. Motion Vice Mayor Penserga moved to approve. Commissioner Hay seconded the motion. The motion unanimously passed. Discussion of Boat Fees. Ms. LaVerriere advised Andrew Mack, Director Public Works, had a brief PowerPoint presentation. Mr. Mack explained Oyer Park operating costs were $104K, which he reviewed. Upcoming Capital Improvements at Oyer Park were anticipated to be $1.746M scheduled in the next two years, which included a Florida Inland Navigation District (FIND) Grant of $500K. He noted last year, the City renovated the Coast Guard building. This year, the City was renovating the ramp and dock. Mr. Mack reviewed the current and proposed daily parking rate which would be capped at $10 on weekdays and $25 on weekends, and the boat trailer parking rate. He noted since the City received prior grants for improvements at Oyer Park, the City cannot differentiate between residents or non- residents of the county or state while processing permit applications. Daily parking rates were compatible with other municipalities. The boat launch trailer parking rate was also reviewed. Mr. Mack explained the prior fees did not cover the costs to maintain the park. Mayor Grant noted there would be repair and replacements of the launch and asked how long the work would take and if boats would be able to use the launch during the replacement. Mr. Mack anticipated the project would be phased with some access throughout the duration. There may be periodic closures, but no long-term closures. Mr. Mack was asked if they could give a Florida and a non-Florida rate. Mr. Mack replied he would have to check with Debbie Majors, but thought so as Lake Worth did so. Mayor Meeting Minutes City Commission Boynton Beach, Florida September 15, 2020 7 Grant was glad the Commission approved a boat annual pass, but this was the first year of an increase in a very long time. Since they are doing the construction, he doesn’t want to overshoot the rate. He wondered if the City Commission would lower the rate to $200 or $250 annually because there will be times boaters will not be able to go out due to the ramp. Vice Mayor Penserga supported reducing the fees, as he felt a $50 to $350 was a massive jump and this year was not the best year to be raising fees. He proposed they maintain the $50 and increase it next year after public input. Commissioner Romelus agreed with the Vice Mayor Penserga, but did not support $50. The City was making significant upgrades with significant costs, but they cannot survive on $50. She believed the City should increase the rate and would be happy to hear public input. She supported a $200 annual fee. Commissioner Hay agreed. Vice Mayor Penserga disagreed. He noted the different comparison of fees and agreed they have different amenities, but in the long term, it was not sustainable. He thought the question was timing. The projects are not dependent on this increase. Mayor Grant was happy with the $200 annual fee. Ms. LaVerriere reminded the Commission the City budgeted revenues after the discussion of raising the fees. A reduction will impact the budget. Mayor Grant thought if there was consensus with the number, the City will have to determine if they had to pull funds from the Reserve Account. The Commission will have to readopt the resolution and bring a revised fee rate resolution at the next meeting to approve. Staff can bring the revised budget to the meeting on the 22nd of September. Commissioner Romelus expressed the other reason why the annual permit came as a topic of discussion was because they are adding automated parking meters, which was to help mitigate the cost. No further public comment was received. Motion Commissioner Romelus made a motion to change the annual fee to $200. Commissioner Hay seconded the motion for discussion. He asked what the income coming from the parking meters was. Commissioner Romelus thought they should ascertain what impact it has on the residents and believed there was a 92 cents per day charge. If there was a $350 fee, they should ask what the comparison was if it was just parking and no fee. Mr. Mack responded the current revenue this Fiscal Year (FY) was $320K for daily parking fees and $170K for parking permits. Next FY was $680K for daily parking fees and $170K for parking permits, because they did not propose a boat trailer parking fee. Mr. Groff, Assistant City Manager, explained those figures included the beach. The City anticipated, at Oyer Park only, if going to a $350 pass there would be a reduced number of passes. Pass holders would need to use the pass 25 to 30 times per year. The City based the Meeting Minutes City Commission Boynton Beach, Florida September 15, 2020 8 budget on 200 boat passes when the $350 fee was adopted. A $200 pass was about a $30K reduction. He did not anticipate a reduction on the daily parking. Ms. LaVerriere explained the boat ramp is a special amenity that is very costly and next year they will use surtax dollars and the grant for improvements. These are improvements that should have happened years ago, but the City did not have the $1.2M to make them. This should be a user rate funded amenity the same as the Tennis Center. People should pay as they use the boat ramp and not be put on the back of the entire community. Mayor Grant agreed and thought a $200 to $250 fee was somewhere in the middle. If they skew it at $350 they may not get enough parking passes, and they will have daily parking. If the parking permit is too low, they will not get enough daily fees. The Commission has to make a business decision. Mayor Grant thought $200 was fair. It was meant for the City’s residents. The $350 will remain for non-Florida residents if possible. Commissioner Romelus was fine with the amendment. Motion Commissioner Hay reaffirmed the amended motion, which was $350 for non-Florida residents and $200 for Florida residents. The motion passed 4-1 (Vice Mayor Penserga dissenting.) 6. Consent Agenda Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. Proposed Resolution No. 20-097 - Authorize the City Manager to sign a piggy back agreement with ETR, L.L.C., and approve the issuance of a purchase order for replacement Fire Rescue vehicle in the estimated amount of $358,438.00 by utilizing the following contract: Florida Sheriffs Association, FS20-VEF 14.02 (This item was moved to 7.K.) B. Authorize the Finance Department to reduce the Allowance for Uncollectible Account and the Accounts Receivable Accounts by $167,551.62 on 1,204 customers. The amount includes small balances less than $25.00. This amount consists of unpaid Utility and Solid Waste billings, miscellaneous charges (late fees, penalties, service adjustments), taxes and other adjustments, that have been in collections over one year prior to September, 2019, the occurrence of the last write-off, through November, 2017 final accounts with balances. The period is defined as November, 2017 through September, 2019. Commissioner Hay pulled this item and wanted staff to provide the rationale behind this item. Mr. Groff explained this was an accounting function to balance the books in the Meeting Minutes City Commission Boynton Beach, Florida September 15, 2020 9 City. These are accounts that have not been paid for a certain amount of time. It does not erase the debt of the customers, rather it only allows the City to balance the budget. The accounts go to collection and if a customer wants to obtain water service, they have to pay. The numbers have been flat for several years. When he came to the City seven years ago, the number was significantly higher. Mayor Grant asked if debts over five years old were liened. Mr. Groff explained they do lien properties based on the amount of debt. The City does not lien for $25 or $30 dollars. If it reaches 20% to 25% of the value of the property, the City liens the property. If the property is homesteaded and the house goes to sale, the City collects on the lien. Mayor Grant thought debts over five years was outside the statute of limitations. Mr. Groff agreed. Mayor Grant heard complaints from people, there are amounts owed on the property without a lien. They also have policies for that and how to reduce that amount and programs for forgiveness. Motion Commissioner Hay moved to approve. Vice Mayor Penserga seconded the motion. The motion unanimously passed. C. 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 September 15, 2020 - "Request for Extensions and/or Piggybacks." D. Review of legal invoices. No action required. E. Proposed Resolution No. R20-98 - Authorize the Mayor to sign the application and agreement for Library State Aid to Public Libraries Grant for FY2020-2021. F. Proposed Resolution No. R20-099 - Authorize the City Manager to sign a Letter of Agreement (LOA) with the Agency for Health Care Administration (AHCA) for the State Fiscal Year 20-21 PEMT MCO Program. G. Approve minutes from the City Commission meeting on September 1, 2020. Motion Commissioner Hay moved to approve the remainder of the Consent Agenda. Vice Mayor Penserga seconded the motion. The motion unanimously passed. 7. Consent Bids and Purchases over $100,000 A. Proposed Resolution No. R20-100 - Approve a phased Progressive Design- Build contract with Garney Companies, Inc. for the expansion of the existing Reclaimed Water Distribution System and authorize the City Manager to sign the contract. The Phase 1 lump sum cost for conducting field investigations and Meeting Minutes City Commission Boynton Beach, Florida September 15, 2020 10 design to develop a Guaranteed Maximum Price (GMP) for construction is $614,277.79. Garney Companies, Inc. was selected through Request for Qualifications (RFQ) #013-2821-19/TP and approved by the City Commission on July 2, 2019. B. Proposed Resolution No. R20-101 - Approve the Property, Casualty, and Workers' Compensation insurance coverage with Florida Municipal Insurance Trust (FMIT) and authorize City Manager to sign all required documents for the term of the policy: October 1, 2020 - September 30, 2021. C. Award Task Order F-2-2020 Town Square Maintenance Services as part of Contract No. 009- 2511-20/RW for Town Square/City Facilities Maintenance Services, and authorize the City Manager to issue a Purchase Order in the total amount of $556,951.00 per year. Mayor Grant pulled this item. Mr. Groff, explained Chad Armstrong, General Manager, for ABM South Florida was present and had previously given a high-level presentation of their approach. For the past several weeks, they worked with staff to finalize the scope of work and the services they would provide at city hall and maintaining facilities. They have received revision 10. Upon approval of the pricing structure put forth, they will hold a job fair September 24th or 25th to secure candidates for an October 1st start date. Mayor Grant was concerned for the future and commented ABM has a lot of entry level positions. His goal was to educate the public how to have a career path with ABM. He supported using those skill levels as entry level skills and providing information that ABM is a big company with openings in Palm Beach County and South Florida so citizens have an equitable idea about what it means to succeed with the company. Mr. Armstrong explained the company has a lot of vertical movement and employees can reposition in case they need to move. They have consolidated services. As a result, an employee from California had a parent in Florida that got ill and he transferred to Florida to be with them. There are a lot of opportunities for employees with the firm. Mayor Grant recommended he contact Laura Lansburgh, as a point person, who could help reach out to the community. Motion Commissioner Hay moved to approve. Commissioner Katz seconded the motion. The motion unanimously passed. D. Approve Task Order UT-2A-02 with CH2M Hill Engineers, Inc. (Jacobs) in the sum of $320,533.00 in accordance with RFQ No. 047-2821-17/TP, General Consulting Services Contract, Scope Category A awarded by Commission on September 7, 2018 for Pilot Testing and Improvements to Pre-Treatment and NF Membrane Skids at the West WTP. Meeting Minutes City Commission Boynton Beach, Florida September 15, 2020 11 E. Proposed Resolution No. R20-102 - Approve the negotiated cost for RFQ # 035-2413-19/MFD for SE 1st Street Sidewalk Improvements Design and Consulting Services and Authorize the City Manager to enter in an agreement with Kimley-Horn for the amount of $253,976.00 plus a 10% contingency of $25,397.60 for unforeseen conditions for a total estimated expenditure of $279,343.60. F. Proposed Resolution No. R20-103 - Award RFP No. 034-2410-19/EM and authorize the City Manager to enter into a contract with Sages Network Inc. for a contract amount of $571,300.00 over a period of five (5) years for Electronic Plan Review Submittal and Markup Management System with Mobile Inspection Software. G. Motion to approve an increase to purchase order #201166 to Beltmann Relocation Group, Inc. from $90,000.00 to $115,000 per the City RFP #015- 1210-18/IT H. Award task order GIS-UMT-02-20 with Florida Technical Consultants, LLC., in the amount of $291,870 as a result of RFQ No.007-2821-20/TP, Geographic Information Services (GIS) Engineering Services, awarded by City Commission July 7, 2020 to update the Utility Atlas. I. Award Task Order F-3-2020 Quantum Park District - ABM Landscape Maintenance as part of Contract No. 009-2511-20/RW for Town Square/City Facilities Maintenance Services, and authorize the City Manager to issue a Purchase Order to in the total amount not to exceed $213,000 per year. Mayor Grant pulled this item, then withdrew it after the discussion on Item C . J. Approve the piggyback of the agreement between the City of Plantation and Allied Universal Corporation for Sodium Hypochlorite and authorize the City Manager to sign an agreement letter with Allied Universal for the period of October 20, 2020 to October 20, 2021. K. Proposed Resolution No. 20-097 - Authorize the City Manager to sign a piggy back agreement with ETR, L.L.C., and approve the issuance of a purchase order for replacement Fire Rescue vehicle in the estimated amount of $358,438.00 by utilizing the following contract: Florida Sheriffs Association, FS20-VEF 14.02 (Moved from 6.A to 7.K.) Motion Commissioner Hay moved to approve the Consent Agenda for Bids and Purchases over $100K. Commissioner Romelus seconded the motion. The motion unanimously passed. Meeting Minutes City Commission Boynton Beach, Florida September 15, 2020 12 8. Public Hearing 6 p.m. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Proposed Ordinance No. 20-015 Second Reading - Approve amendments to the Comprehensive Plan Utilities Element to include an update to the 10-year Water Supply Facilities Work Plan. Jim Cherof, City Attorney, read Proposed Ordinance No. 20-015 by title only on second reading. Mr. Groff explained the department has to provide information on where and how they will have an adequate water supply in a 10-year cycle. The item was heard in January and February to ensure the City has adequate water capacity in the Comprehensive Plan. The State approved the plan and it now needs local adoption. Mayor Grant noted Lake Clark Shores has a small water area in the City off Lawrence south of Hypoluxo as a service area and they serve the area around Santaluces High School. Mr. Groff explained the City is working to supply them wholesale water and sewer services. They will form a partnership and will bring something back. Motion Commissioner Romelus moved to approve. Vice Mayor Penserga seconded the motion. Mayor Grant opened public comment. No one came forward. City Clerk Gibson called the roll. The motion passed 5-0. I. Approval of the Exotic Motorworks Conditional Use application (COUS 20 002) to allow an automobile diagnostics facility exclusively for luxury and/or high-performance vehicles at 816 SE 1st Street Attorney Cherof explained the matter is a quasi-judicial matter and those intending to speak must swear or affirm their testimony is true and correct to the best of their knowledge and must acknowledge they took the oath prior to speaking. Elizabeth Lopez, representing Exotic Motorworks, was present and advised she took the oath. Ms. Lopez conducted the presentation on behalf of Joel Lopez and indicated the main work is computer diagnostics. An image of the building was viewed. The residential side Meeting Minutes City Commission Boynton Beach, Florida September 15, 2020 13 of the building is family owned and operated and there are two family operated businesses there. None of the businesses have illuminated signs and there is a small space above the door where they will put a non-illuminated sign. The east entrance will have one parking space and two in the back. A photo of unit four, which will be used as an office, was viewed. It is large enough to accommodate a vehicle inside the building. The business operates on an appointment basis, so there will be only two to three vehicles at the building at a time including his space in the front, one in the building and there are two additional parking spaces in the back. The current tenant only uses the back space of the building for trash so Mr. Lopez will be the only one to use the back. The diagnostic computers are very expensive and need to be stored in a secure facility. Most services are provided offsite, but there will be rare occasions when vehicles are brought to the office. The cars are on the east side of the building, out of view and do not face the residential area. There are no chemicals or strong odors that will be used and the use will have a minimal impact on adjacent properties. As for safety and sanitation, the City services the building. An aerial view of the structure was viewed. The applicant requested approval of the request. Mayor Grant asked for the definition of luxury and high performance. Mr. Lopez explained he specializes in work on Bentleys, Ferraris, Rolls Royce, Lamborghinis, and Maseratis. Mayor Grant asked if the vehicles are towed to the location. Mr. Lopez explained he goes out to perform the services, but if anything comes in, it will be via a tow truck. Most of his business is for dealerships. He needs a physical address for office and equipment. Commissioner Romelus inquired about noise and learned Mr. Lopez does not conduct dyno testing. His work is comprised of electronic diagnostics and if working on a vehicle, the work would be done indoors, not outdoors. Commissioner Romelus supported adding a clause for noise litigation. Attorney Cherof explained the Condition of Approval would be they have to adhere to the City’s Noise Ordinance. Mr. Lopez had no objection to the additional condition. Motion Commissioner Romelus moved to approve. Commissioner Hay asked if there would be products or parts they have to store. Mr. Lopez explained there would not. He only needs his equipment and his tools. Commissioner Hay seconded the motion. The motion unanimously passed. J. Proposed Ordinance No. 20-031- First Reading - Approve Catanzaro Residential Future Land Use Map Amendment from Local Retail Commercial (LRC) to Medium Density Residential (MEDR). Attorney Cherof noted this and the next item are connected. Attorney Cherof read both Ordinances by title only on first reading. There would be separate motions on adoption. Meeting Minutes City Commission Boynton Beach, Florida September 15, 2020 14 Bradley Miller, Urban Design Studio, explained a few years ago this parcel was changed to have a commercial designation. The owner had a local business and he wanted to put his office there. Then he sold the business so he does not need the property. He has been marketing the property for a year as a business property and got no interest, but he did receive 50 calls from parties interested in developing the land as a residential property. Motion Commissioner Romelus moved to approve. Commissioner Hay seconded the motion. City Clerk Gibson called the roll. The motion passed 5-0. Proposed Ordinance No. 20-032- First Reading - Approve Catanzaro Residential Rezoning from C-2 Neighborhood Commercial to R-3 Multi-Family Residential. Motion Commissioner Hay moved to approve. Vice Mayor Penserga seconded the motion. City Clerk Gibson called the roll. The vote was 5-0. 9. City Manager’s Report A. Proposed Resolution No. R20-104 - Approve and authorize the City Manager to sign an Interlocal Agreement with Florida International University to prepare a Diversity and Equity Assessment of City Systems that will review the City’s internal systems, policies, and processes to establish the capacity to assess, implement, and monitor a social and racial equity strategy and foster a culture of diversity and inclusion. The assessment will produce a final report summarizing the key findings and provide detailed policy recommendations to address the needs, challenges and opportunities. Further, training will be provided in two phases for all city employees. Mayor Grant read both items. David Scott, Director of Economic Development and Strategy, explained representatives from Florida International University (FIU) were present. He introduced the two resolutions, stating the Commission is very supportive of diversity and inclusion and is concerned with racial and social equity. They put together a team to review internal and external structures. Best practices from throughout the country were reviewed attempting to determine what social and equity frameworks were like and learned most cities are individualized as their issues are all different. Boynton Beach was the same. It was important to recognize what Boynton Beach’s blind spots are and establish a baseline. The City Commission identified five focus areas which were health care, education, housing, public safety and economic opportunity as the external Meeting Minutes City Commission Boynton Beach, Florida September 15, 2020 15 issues and was very concerned about ensuring City staff received the training it needs to implement its program. Dr. Susannah Bruns Ali and Dr. Maria llcheva gave a presentation. Dr. Ilcheva explained they are an applied social research center to work on real world problems in a range of public policies. They are also a designated Census Information Center. They will conduct an internal assessment via analytics. Analytics will focus on the five focus areas with community engagement. Engagement will include outreach and dissemination of the information including consultation, collaboration and shared leadership. Community engagement is needed to build trust and policy recommend- dations. They will look at ethnic groups, senior, LGBTQA, religious and other marginalized communities, and will research and recognize these and review multiple intersecting factors and review barriers and opportunities for community development. They will use a targeted engagement strategy to ensure they provide sufficient context. There are different layers of community engagement and they will have an action plan for results of each goal. They will develop a report with key findings in each area and policy recommendations which can be used for policies needed to build a resilient community. The presentation was comprehensive. Mayor Grant thought the research was more of the external aspect of what they want for the City and he thanked her for the presentation. He asked if they would review previous community outreach and studies such as those conducted for the Town Square and Heart of Boynton. The community does not want more community outreach because they always find someone new to do the community outreach without them including the initial studies done in the past. Dr. Ilcheva responded they would review what the community has done. Without a baseline, they would not know where they have been or where they are going; they want to build on them to do better and add greater value. Mayor Grant was concerned with the enhanced community engagement. Some in the community do not know of the opportunities in the outside world and may have been isolated. He wanted to ensure enhanced community engagement includes opportunities in the future. It was explained the team starts with the analytics and presents hard data. Mr. Scott explained that was why the City reached out to a research institute to focus on evidence-based policies and strategies. Mayor Grant asked if they will help provide them with the costs associated and possible short, mid and long-term goals and learned they would. Vice Mayor Penserga asked what other cities or organizations they worked with and how they brought about policy changes. Dr. Ilcheva responded they worked with Miami Dade, Ft. Lauderdale for affordable housing needs assessment and policy need recommendations. They link the work they do to existing efforts and build on them. Mr. Scott was familiar with their work in the past. They are now reviewing what they did years ago comparing it to the present day. They are also working with the Palm Beach Housing Meeting Minutes City Commission Boynton Beach, Florida September 15, 2020 16 Leadership Council, which includes Boynton Beach, so they are already somewhat familiar. Commissioner Romelus asked what they would see at the end of the research and learned there will be multiple deliverables on the five focus areas. She asked if they would direct staff on tangible ways to implement the steps and learned they would. Mr. Scott explained the recommendations will become part of the strategic plan. The timeline, once funding was secured, would take six months, but they have to secure funding or grants for all of the work. They would ask the City Commission to help them with the funding. Commissioner Hay asked if there was a web page with their work and deliverables and was informed there was. Susan Oyer, 140 SE 27th Way, thought the idea was wonderful and asked why FIU was chosen over FAU when FAU is local university. She asked about the cost and if the money was budgeted. The cost was $125K in total, and she asked what other options were explored that cost less, noting there is a financial crisis. She did not think they should take any money out of the Reserves. She asked if there was a way to find different subgroups in the City so they could get involved as there was a brief discussion about the issue held at the Arts Commission. They are struggling to find more diverse artists that do not know about opportunities that exist and she questioned how will they get the information out about arts. Mayor Grant noted whatever university they use is part of Florida’s university system and spending the money was an investment when they are trying to expand the culture of the community. He thought it should be done as soon as possible. There have been decades of stagnation north of Boynton Beach Boulevard. Vice Mayor Penserga discussed this item with the City Manager and explained this is a pay as they go project, so it is not a one-time lump sum expense and they may not spend the entire amount. Mr. Scott explained this portion already has $20K designated from the Economic Development Budget. The remainder would be paid for by grants to close that gap. For the internal portion, the discussion will start and a budget will be developed as it moves forward. Ms. LaVerriere explained they have some money in the budget for the internal assessment. All is broken down by tasks and by phases, but it is pay as you go. There is no intention at this time to use Reserves. Motion Commissioner Hay so moved to move forward. Vice Mayor Penserga seconded the motion. Commissioner Romelus requested Debbie Majors, ADA and Grants Coordinator, try to secure funding. Meeting Minutes City Commission Boynton Beach, Florida September 15, 2020 17 The motion unanimously passed. B. Proposed Resolution No. R20-105 - Approve and authorize the City Manager to sign an Interlocal Agreement with Florida International University to prepare a Racial and Social Equity Comprehensive Community Needs Assessment to include three (3) phases: an analytical analysis of the City's demographics and established Focus Areas, local community engagement, and a final report summarizing the key findings under each policy area and provide detailed policy recommendations to address the needs, challenges and opportunities. Dr. Ali commended the City for its efforts to have a comprehensive plan to effectively address racial and social inequity. There is a broad set of policies on which they will evaluate the City, but without internal structures to implement changes, there is a risk of it falling by the wayside. There is a two-phased approach. First, they will look at the organization as a whole and conduct national benchmarking and develop recommendations and action plans as a City as a whole and then develop very strong training sessions for all City employees. They will have online pieces and bring together smaller groups. Each session will have 30 to 40 employees and 20 to 25 face-to-face sessions. The second phase will be department specific and training will be conducted the same way. They will create micro credentials creating incentives for employees and citizens. Very few places are taking a comprehensive approach and instead take the piecemeal approach, which has risk of not being implemented. Boynton Beach can be a model city. Mayor Grant felt there was a lack of education for city directors and employees. He took a 16-hour course to delve into the history of the country. He was concerned about the training aspect. It is not just training, it was how the country got to this point. He hoped diversity training was included and wanted the City and staff to know what to do, because they do not know what it is like to live in someone else’s shoes. Dr. Ali wanted to create a climate of understanding and sensitivity to others, and communicate better with coworkers. Ms. LaVerriere explained in the next year or two, they wanted to develop, through Human Resources, someone to focus on internal improvement and development in the City. Motion Commissioner Romelus moved to approve. Commissioner Hay seconded the motion. The motion unanimously passed. Kathryn Matos, Assistant City Manager, recognized and thanked Caryn LaVernia, Vice President of Engagement at FIU, noting she was behind the scenes at FIU who made all of the connections and made this initiative happen. Meeting Minutes City Commission Boynton Beach, Florida September 15, 2020 18 Annette Gray commented that part of diversity is a multicultural generational work force and as the millennials and Z generation will replace the boomer generation and workforce as consumers in the next 10 years. She thought it was difficult to get the folks out to participate that are not the usual suspects. She thought in this instance, they should make extreme efforts to reach out to the younger community. They cannot be players as usual with community participation. They are building future generations’ workforce culture and their voice is important. Mayor Grant agreed. 10. Unfinished Business - None 11. New Business A. Discuss Commission interest and authorize online participation in the National League of Cities City Summit on November 18-21, 2020. Mayor Grant requested this item be added as it was not the travel budget that was planned, but he would like to attend as he has done in the past. When they have more people attending, there is a discount. He hoped some staff could attend if possible. Last year he made a presentation and hopefully he could do the same. Vice Mayor Penserga and Commissioner Hay wanted to attend. There were no travel related expenses so no motion was needed. He noted five people needed to attend for a group discount. 12. Legal A. Proposed Resolution No. R20-093 - Approve and authorize the Mayor to sign documents releasing and creating project easements. (Tabled from the September 1, 2020 Commission meeting.) Attorney Cherof requested this item remain on the table until October 6th. B. Discussion and direction by City Commission regarding the Letter of Intent from Mallorca Isles, LLC., regarding the Nickels Blvd property. Michele Roque, Centennial Management, advised Elizabeth and Lewis Swezy were present. Ms. Roque explained they were under the impression the City is in a contract for this property they could get out. The contract was for $2.275M for the subject property and Centennial wants to offer $3.185M. Centennial would mimic what Pulte was doing, understanding there are deed restrictions and entitlements. They love Boynton Beach and want to give what the property is worth and want to beautify it. Mayor Grant explained the City does not like to back out of a contract, but one concern is any cost to the City. Centennial would also chip in $100K towards the buyer’s cost, which they would put in the contract. Mayor Grant explained sometimes the City likes to go to RFP, and that is why Letters of Intent are not always the best way to proceed. Meeting Minutes City Commission Boynton Beach, Florida September 15, 2020 19 Andrew Maxey, Pulte Homes, explained they have had a strong interest in the property and invested time and money into it. There are some challenges with the property requiring mitigation and a fair amount of utility servicing from Old Boynton Beach Boulevard. Pulte spent a lot of time quantifying the cost. The purchase price was negotiated a year ago. They do not intend to build workforce, deed-restricted homes, but it would be affordable when looking at the mean new home prices in Palm Beach County of around $350K. They would counter with reducing the number of units and adding in incentives for every unit approved above the threshold. They may be able to get higher density, but plan to have density be fairly low. Pulte has a high level of respect for the City and has been entertaining offers from the CRA. They were happy to be part of the community. Mayor Grant understood about the upside of 91 properties and commented if there was more property, there could be more units. The City is looking for workforce housing, which was lacking. For someone looking to purchase a home for $350K. the value of the homes does not affect the City. The discussion they had was they were looking for affordable or workforce housing. There are multiple opportunities to purchase a home for $300K or less and rehab it. Vice Mayor Penserga inquired if they should accept and if it was similar to the CRA’s Letter of Intent policy. Attorney Cherof explained Pulte started with a LOI and worked its way up to a purchase and sale agreement, which the City Commission approved a few meetings ago, but the contract was not signed. Since the contract was not signed, it was still an open issue. If they take up this LOI, other entities could also submit and begin a bidding war unless the City Commission determines what to do with the property and step away. The Pulte contract has many conditions. The property is not in the City and is regulated by county regulations. There are still some risks associated with any developer. It is up to the City Commission. The City has a good faith $10K deposit. Pulte worked with the City in good faith, and they got property the City was interested in selling and Pulte wanted to buy. Vice Mayor Penserga pointed out one LOI was a million dollars more which was substantial and they could do a lot. He was leaning toward Centennial’s offer. The City Commission can reject both offers and issue an RFP, but the City has no control over what or how many units will be built. It is a Palm Beach County decision. Everyone is looking for more subsidized housing in Palm Beach County. Mallorca showed interest in subsidized housing. He thought they could be better off with the money in hand, and end up with whatever the county decides, but Pulte is not interested in subsidized homes. Vice Mayor Penserga requested Centennial respond. Ms. Roque explained they did not have one or the other in the plan, but they were open for discussion to every idea. They offered more money because the land was worth more money. They wanted a contract similar to Pulte’s with sewer and utility services and get the deed restrictions and entitlements off. Right now, the only difference was the money. Meeting Minutes City Commission Boynton Beach, Florida September 15, 2020 20 Commissioner Romelus asked if they could dictate what kind of housing they want in exchange for the sale. Attorney Cherof explained the property is in Palm Beach County so they have very little control over what would be built there. He suggested the Board table the matter, let Pulte consider the comments made concerning the new LOI offered and get an update at the next City Commission meeting. Motion Commissioner Romelus so moved to table to the next meeting. Commissioner Hay seconded the motion. The motion unanimously passed. There was agreement to table the item to the October 6th meeting. Mayor Grant explained after speaking with Avison Young, the CRA Board approved over a thousand residential units between Ocean Avenue and Boynton Beach Boulevard and 50K to 100k feet of commercial space. He wanted to know if the City Commission would speak with owners to join those properties for a higher education use instead of a residential. He noted the City has created new places for people to work. He wanted to have a discussion about the future of Boynton Beach, post COVID, and what it means for the economy. Commissioner Katz asked if the plan included the Town Square and the property not coming out of the ground that JKM, intends to build. He asked if was the property east of the Town Square because he would consider property east of the Town Square. His concern was if incorporating anything in the Town Square it would be only if they were given back the property. He had concerns about investing in physical educational square footage, when the needs of higher education was unknown. Mayor Grant had thought about bifurcation of the Town Square. Commissioner Romelus did not think they could have this conversation if it competed with what was occurring with JKM. She would be happy to discuss items outside of the Town Square, but felt they have to wrap up what is occurring on the ground. Vice Mayor Penserga agreed with what was said as did Commissioner Hay. The conversation will be put on the October 20th agenda. Commissioner Katz had plans to go out of town in October and did not anticipate being present at the second City Commission meeting in October. He requested hearing the item on October 6th or in the beginning of November. Commissioner Katz supported the first meeting in November. There would also be a discussion of Big Box retailers expanding the zoning matrix for retailers over 15K square feet. 13. Future Agenda Items A. Mayor Grant requested a discussion regarding interviewing City staff about their positions and a City Career Fair - TBD B. Mayor Grant requested a discussion regarding funding of trees and a review of the city's Memorial Tree Fund policy - TBD Meeting Minutes City Commission Boynton Beach, Florida September 15, 2020 C. Vice Mayor Penserga requested a discussion regarding a City Mural Program - TBD D. Public Hearing for application submittal for Legacy at Boynton Beach Mixed Use Development— a new mixed use development in the downtown core - October 6, 2020 (as currently scheduled) E. At the request of Mayor Grant, Human Resources will present information regarding the City's internship program. - October 20, 2020 F. Mayor Grant has requested a discussion regarding the Workforce House Ordinance — October or November 2020 G. Update on the Town Square Naming Rights Campaign - October 20, 2020. H. City Staff to provide the Commission with an update on the status of the Art in Public Places Program including the Kinetic Art Exhibit, the recruitment process for Public Arts Manager and mural installation at Fire Station 1 - October 6, 2020 I. Hear monthly update from JKM Developers and E2L Solutions on Town Square project — October 6, 2020. 14. Adjournment There being no further business to discuss, Commissioner Katz moved to adjourn. Commissioner Hay seconded the motion. The motion unanimously passed. The meeting adjourned at 9 p.m. CITY OF BOYNTON BE; H Mayor - Steven B. Gran Vice Mayo` Pen - . : .2k\ CW ion- - Justin Katz 21 Meeting Minutes City Commission Boynton Beach, Florida September 15, 2020 Commissioner—W%••row L. Hay .00111�31 Comm s"— hristina Romelus ATTEST: AP- C 'stal Gibson, MMC City Clerk &E)L1 Catherine Cherry Minutes Specialist 22