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Minutes 11-17-20Minutes of the City Commission Meeting Held Online Via the GoToWebinar Platform Boynton Beach, Florida On Tuesday, November 17, 2020, at 5:30 P.M. Present: Steven B. Grant, Mayor Lori LaVerriere, City Manager Ty Penserga, Vice Mayor James Cherof, City Attorney Justin Katz, Commissioner (Arrived 6:47 p.m.) Crystal Gibson, City Clerk Woodrow L. Hay, Commissioner Christina Romelus, Commissioner Openings A. Call to Order - Mayor Steven B. Grant Mayor Grant called the meeting to order at 5:31 p.m. Yury Konnikov, ITS Support Manager, explained how the meeting would proceed and how the public could participate in the meeting. Invocation by Father Dan Fink of St. Mark's Catholic Church Father Fink gave the invocation. Pledge of Allegiance to the Flag led by Commissioner Woodrow L. Hay Comissioner Hay 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 announced there was a request to remove the Legacy items, 8 A, B, and C. They will be on a future agenda. There were no objections. 2. Adoption Meeting Minutes City Commission Boynton Beach, FL November 17, 2020 2 Motion Commissioner Romelus moved to approve the amended agenda. Commissioner Hay seconded the motion. The motion unanimously passed. 2. Other A. Informational items by Members of the City Commission Vice Mayor Penserga and Commissioners Hay and Romelus had no disclosures. Mayor Grant announced on November 5th, he attended the Boynton Beach Veterans Taskforce and at the meeting there was a motion to add a 20-foot flag pole next to the sign, Tom Kaiser USN Veterans Memorial Park. He will bring it to the Recreation and Parks Board. Mr. Kaiser would cover any costs. On November 6th, Mayor Grant went to Gulfstream Park to deliver the Oath of Service for AmeriCorps volunteers in Palm Beach County. He was informed 40% of their volunteers serve in Boynton Beach. If students or residents need help with reading, homework or education, they can receive help at the Library. Later that day, he went to the NW 11th ground breaking for two homes constructed by Habitat for Humanity. He announced the CRA finally obtained all the property on the street and with the new homes, was looking good as a Model Block. On the 10th, he attended a Caregivers Lunch from Healthier Boynton Beach and gave a shout out to Rick Petty and P2P for ensuring seniors get their needed care. On the 11th, he attended a Veterans Day event and he thanked all those who attended. He was looking forward to Pearl Harbor Day and thought perhaps they could use the amphitheater. Saturday was Diwali and he wished Baps Temple a happy Diwali. Earlier in the day he was in West Palm Beach for the inauguration for Maria Marino and Maria Sachs and re-inauguration of Mack Bernard and Dave Kerner. He was looking forward to great relationships with them. 3. Announcements, Community And Special Events And Presentations A. Announcement by Eleanor Krusell, Public Communications and Marketing Director, regarding “Light-Up Downtown Boynton,” an installation of holiday lights along Ocean Avenue. Ms. Krusell announced the 50th Annual Holiday Parade was cancelled due to COVID. The City will light up downtown Boynton by decorating the Kapok tree, the two Banyan trees and the Town Square. The CRA will light up the Kapok tree in Dewey Park. Both entities will work with the CRA to promote downtown businesses. They hope to further develop the Light Up the Downtown campaign so in the future, Ocean Avenue will be lit from Seacrest to the bridge. They will provide the Commission the dates and times they will flick the switch and will notify the public of it then. Commissioner Hay asked if anything would be done from I-95 to Federal Highway; it did not have to be lights, could be flags. Ms. Krusell, responded not this budget year. The Meeting Minutes City Commission Boynton Beach, FL November 17, 2020 3 City allocated $25 for the parade. She could reconsider it in a future year’s budget. It was hoped the Kapok Tree, when lit, would be visible from Boynton Beach Boulevard, Seacrest Boulevard and Ocean Avenue. B. The new art mural for Fire Station #1 will be unveiled at 4 pm on Thursday, November 19, 2020. The public is welcome. CDC guidelines will be followed. Mayor Grant announced the event. The City will hold the event on 1st Street and have chairs in the street. NE 1st Street and 1st Avenue will be closed and the public should enter from Boynton Beach Boulevard and make a right into the employee parking lot. If overflow parking is needed, attendees can use the Schoolhouse Children's Museum parking lot. Police officers will be present and homeowners were notified that access will be limited for an hour, similar to the way the City handled the fire extinguisher give away at the Fire Station. C. Proclaim November 28, 2020, as Small Business Saturday. Mayor Grant read the Proclamation declaring November 28th as Small Business Saturday. John Durgan, Economic Development Specialist, accepted the proclamation. Mr. Durgan explained for every dollar spent, 67 cents stays in the local community. Of the 67 cents, 44 cents go to the small business owner for wages and benefits and the rest is reinvested in local business. It creates 50 cents in economic development. American Express said in 2019, shoppers spent $19.6 billion on Small Business Saturday. Small businesses add diversity in products and services, and access to local experts about services best in our community. They provide a unique identity and it preserves local character. The City started a social media campaign. An economic development strategy homepage with a link for testimonials on small business will be on the City’s Facebook and website with a list of small business that highlight services and products they provided. A strategy is to connect businesses to resources that provide value, one of which is to provide free workshops on different business topics to get direct input on workshop topics. They created a survey with 5,200 business recipients for input on what topics are most important to them. They have been coordinating with CRA staff on their small business initiatives. He thanked Communications and Marketing for helping to get the message out. He encouraged all to support local businesses. Mayor Grant asked if there was anything for small business to work with the Sustainability Coordinator to Go Green. Mr. Durgan explained they will make a second push for the Green Business program and the Green Building program. Vice Mayor Penserga noted a passport type of setup where the patrons can get a map or list of small businesses they can explore to encourage people to visit and discover something new. Mr. Durgan explained they were working with GIS and they were trying to go electronically and virtually. It is a GIS interactive map highlighting small businesses accessible via cell phone and they were working on one. He thought having days focusing on certain businesses may be good. Meeting Minutes City Commission Boynton Beach, FL November 17, 2020 4 4. Public Audience Individual Speakers Will Be Limited to three Minute Presentations (at the discretion of the Chair, this three-minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Tory Orr, 407 NE 10th Avenue, Apartment 101, asked why every year, they light up Ocean Avenue. He asked about MLK Jr. Boulevard. It is not the only downtown they have. He did not think it cost $25K to light up Ocean Avenue. He noted they have restaurants opening up and he wanted lights in Cherry Hill. He explained this was our Boynton Beach; our library and police department. Mayor Grant thought the City should not spend all of the light budget on Ocean Avenue. It is City money and it does not have to be in the CRA District. It could be on Gateway. He noted the Carolyn Sims Center and lots of locations do not have lights. When he was first elected Mayor, he put up solar power lights and those were the only lights in the area in the last five years. He hoped the Commission would revisit that item. As for tours of the Police Department, parts of it are offline from public view and they want the Police Department finalized before giving out tours. Mayor Grant explained the Chief would have to indicate when that would occur. He hoped those in the Citizens on Patrol program and student citizens would be given a tour as well. Bernard Wright, 713 NE 7th Street, President, Robert E. Wells Foundation, commented they always had lights on MLK Jr. Boulevard. He questioned why it was not lit even from FPL for years and it is dark there and the City is always talking about crime. They have a new establishment on Cherry Hill and a yellow sign for nuisance ordinance as the occupants were supposed to vacate in September and there is new ownership. They could cooperate with the Police Department. He spoke to Commissioner Hay. They are trying to restore what once was solidarity in District II. It was far too long they have been disenfranchised, and there is a pandemic of racism and COVID the City will have to face. They have new projects and have to have a percentage of equity to get in there. If they cannot meet the requirements, they should make a program. Ocean Breeze East is moving those out of there to bring the public in. He announced there is a feeling of discord being sewn. The George Floyd is still alive. He is a candidate for Mayor. He wants to see a change for the better for the people. Mayor Grant explained FL Statute Chapter 812.173 which goes over convenience business security which requires security cameras. Susan Oyer, 140 SE 27th Way, commented in reference to Small Business Saturday, that American Express offers double points when going to small businesses. Card holders just have to sign up. She inquired what was occurring with the Christmas Tree and Hanukkah Lights. She wanted all to know November 29th is the First Anniversary of Farindola becoming a Sister City with Boynton Beach. They are having a Zoom celebration and all of the officials from the city are invited. They only need to reach out to Jeanne Heavilin or go to the website and email them. She noted Farindola has products that can be purchased as gifts and there are plenty of opportunities to get unique things. She noted the Mayor of Farindola had COVID and Italy is on its second lock down and Meeting Minutes City Commission Boynton Beach, FL November 17, 2020 5 that the Abruzzo digital magazine featured an article on Farindola. If anyone was interested in any of Farindola’s products, they should contact her and she will order. She asked if the Commission received her donation towards the establishment of Quantum Eco Park and wanted to know about the Christmas Tree and Hanukkah lights. She would hate to see the City lose them while expanding lights in other areas. Mayor Grant requested Item 3A again, and if it included holiday lights, the exact location and if it could be expanded to other parts of the City. There was agreement to discuss the item at the end of public audience. No one else came forward and Public Audience was closed. Mayor Grant requested Ms. Krusell explain if there will be holiday or just winter lights. Ms. Krusell responded, based on what has been bid and quoted, there were lights in the Kapok tree in Kapok Park by the older playground, the two Banyan Trees heading east on Ocean Avenue on the right by the amphitheater and the light poles which have electric plugs in them at the bottom, which were basically in front of the buildings of which there were 18. Mayor Grant asked if there will be any religious lights this year. The budget allocated from the parade was $25k. The three components used nearly all of the funds. There was about $1,000 left over they set aside if they needed any electric. Ms. LaVerriere explained the City was not holding its traditional events like the tree this year due to COVID. There will be a cheerful event with white lights. It is more of a winter look. Staff swapped the budget to do something else to make it look nice. Mayor Grant was unhappy with the decision. He thought it sent the wrong signal and wanted lots of different colored lights. He thought they could reach out to churches and temples after Thanksgiving and would like to see a menorah and the religious lights they normally had with different colors. He thought they need lights north of Boynton Beach Boulevard and along MLK Jr. Boulevard, at Sara Sims, the Carolyn Sims Center, the Ezell Hester Community Center and Gateway Boulevard. Ms. LaVerriere commented they did so years ago, but it was a budget issue. Mayor Grant suggested taking the money from the Kapok and Banyan trees and the poles as well. Vice Mayor Penserga said he generally agreed, but asked if the money was already spent. Ms. Krusell explained the purchase order was signed and quoted out and the vendor was selected. They are on a strict timeline to even get the lights up. The CRA added additional funds for Dewey Park. They had the Hanukkah Menorah and other activities they cannot do now due to COVID, but they did agree to light up the park. Vice Mayor Penserga agreed with the Mayor in future years to light up other areas of the City to create ambience. He asked what kind of cost was involved. Ms. LaVerriere responded it was a long time ago. When the recession hit, it stopped. They had lights on Seacrest. MLK Jr., the Sims Center, in front of City Hall and all the holiday lighting was cut. They have slowly been coming back to the holiday tree. The CRA paid for the tree in the past and the City paid for the parade, but the CRA shifted out of the event genre and it shifted to the City. If they want to expand, they can get prices, but it is a matter of funding. He asked if there was a Menorah or something to locate by the Kapok tree for next year. Ms. Meeting Minutes City Commission Boynton Beach, FL November 17, 2020 6 Krusell will ask the vendor for the cost of those items. Staff talked about days of celebration including Kwanzaa and Hanukkah. The City buildings have up-lighting at the Cultural Center, the Schoolhouse Children's Museum and City Hall which can be lit on those days. Vice Mayor Penserga requested to see the estimates as he could gather enough neighborhoods or HOAs to contribute. Ms. Krusell advised the product supply right now is very low because a lot of people have already installed. Mayor Grant requested Ms. Krusell check the costs of other light colors. Ms. Krusell explained they have ordered the white lights. She noted green light will not show as well as red and blue lights. They installed white lights based on the response of the lights placed in Dewey Park and the public gave overwhelming feedback they liked the white lights. 5. Administrative A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. Motion Vice Mayor Penserga moved to appoint Victor Gaud to the Library Board. Commissioner Romelus seconded the motion. The motion unanimously passed. 6. Consent Agenda Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. Approve the renewal of Datrium ControlShift SaaS system from BlueAlly in the amount of $17,999.10. B. Proposed Resolution No. R20-123 - Approve and authorize the Mayor to sign updated interlocal agreement between the City of Boynton Beach and the Solid Waste Authority of Palm Beach County (SWA) which includes the required language as mandated in CS/House Bill 73 regarding reduction in contamination of residential recycling collection and processing. C. Accept fourth quarter report on operations of the Schoolhouse Children's Museum and Learning Center for FY19/20. D. Proposed Resolution No. R20-124 - Authorize the City Manager and Police Chief to sign all documents associated with the acceptance and grant agreement for the Florida Department of Transportation (FDOT) Speed and Aggressive Driving grant subject to the approval of the City Attorney. Meeting Minutes City Commission Boynton Beach, FL November 17, 2020 7 E. Proposed Resolution No. R20-125 - Accept a permanent drainage easement to receive discharge from the Industrial Way drainage system and authorize the recording of the easement with a lump sum payment of $12,500.00 to Boynton Beach Distribution Center Master Association for acquisition of the easement. F. Accept the written report to the Commission for purchases over $10,000 for the month of October 2020. G. Approve minutes from the City Commission meeting on October 20, 2020. Motion Vice Mayor Penserga moved to approve the consent agenda. Commissioner Romelus seconded the motion. The motion unanimously passed. 7. Consent Bids and Purchases Over $100,000 A. Proposed Resolution No. R20-126 - Authorize the City Manager to sign a piggyback agreement with ETR L.L.C. for one (1) International/ETR medium fire rescue in the amount of $410,998.00. This unit utilizes the Florida Sheriffs FSA20-VEF 14.01 contract. The Florida Sheriffs contract satisfies the City's procurement requirements. Proposed Resolution No. R20-127 - Authorize the City Manager to sign a piggyback agreement with Ten-8 for one (1) skeeter fire brush truck in the amount of $254,747.93. The unit utilizes the FSA20-VEF 14.02 contract. The Florida Sheriffs contract satisfies the City's procurement requirements. Proposed Resolution No. R20-128 - Authorize the City Manager to sign a piggyback agreement with Sutphen for one (1) custom pumper fire apparatus in the amount of $724,100.00. This unit utilizes the Sourcewell contract #022818- SUT. The Sourcewell contract satisfies the City's procurement requirements. B. Approve an increase to the estimated annual expenditure with Routeware Inc to $160,000 due to additional equipment and repair/replacement of existing equipment. C. Authorize the City to issue a purchase order to pay the third-year payment to Software House International in the amount of $190,403.28 for the City’s Microsoft Enterprise Agreement utilizing the State of Florida Contract number 43230000-15-02. D. Approve the one-year extension for RFPs/Bids and/ or piggy-backs for the procurement of services and/or commodities over $100,000 as described in the Meeting Minutes City Commission Boynton Beach, FL November 17, 2020 8 written report for November 17, 2020- "Request for Extensions and/or Piggybacks." Motion Vice Mayor Penserga moved to approve the consent agenda for bids and purchases over $100,000. Commissioner Romelus seconded the motion. The motion unanimously passed. 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. 20-034 - First Reading - Approve Legacy at Boynton Beach (REZN 20-001) rezoning subject property from CBD (Central Business District) to MU-C (Mixed-Use Core) with a master plan for 274 multi- family residential units and 12,422 square feet of retail, located at the northeast corner of SE 2nd Avenue and Federal Highway. Applicant: Evan Vlaeminck of GCI Acquisitions LLC. (Tabled from the October 6, 2020 Commission Meeting.) B. Proposed Ordinance No. 20-035 - First Reading - Approve Legacy at Boynton Beach (ABAN 20-009) abandoning a portion of the improved 45-foot wide right-of-way of SE 1st Avenue running east from Federal Highway for a distance of approximately 175 feet. Applicant: Evan Vlaeminck of GCI Acquisitions LLC. (Tabled from the October 6, 2020 Commission meeting.) C. Approval of Legacy at Boynton Beach (NW SP 20-003) new site plan application for a mixed-use development consisting of an eight (8)-story building with 274 dwelling units, 12,422 square feet of commercial space, and associated recreational amenities and parking on a 2.76-acre site. Applicant: Evan Vlaeminck, GCI Acquisitions LLC. (Tabled from the October 6, 2020, Commission meeting.) D. Proposed Ordinance No. 20-038 - Second Reading - Approve Wells Landing North Future Land Use Map Amendment from Local Retail Commercial (LRC) and Medium Density Residential (MEDR) to Mixed Use Low (MXL). Applicant: Elizabeth Roque/ Wells Landing Apartments LLC Jim Cherof, City Attorney, read proposed Ordinance 20-038 by title only on second reading. Motion Meeting Minutes City Commission Boynton Beach, FL November 17, 2020 9 Commissioner Romelus moved to approve. Vice Mayor Penserga seconded the motion. Brian Herbert, Architect of Record for the project, was present. No presentation was needed. Mayor Grant opened public hearing. No one came forward. Vote City Clerk Gibson called the roll. The vote was 4-0. Proposed Ordinance No. 20-039 - First Reading - Approve Wells Landing North Rezoning from C-2, Neighborhood Commercial and R-2, Single-and Two- Family Residential to MU-1, Mixed-Use 1, with a master plan for 24 multi-family units and 8,530 square feet of commercial. Applicant: Elizabeth Roque/ Wells Landing Apartments LLC Attorney Cherof read proposed Ordinance 20-039 by title only on first reading. Motion Vice Mayor Penserga to approve. Commissioner Romelus seconded the motion. Mayor Grant opened the floor for public comment. No one came forward. Vote City Clerk Gibson called the roll. The vote was 4-0. E. Approve Wells Landing North (NW SP 20-004) for a mixed-use development consisting of a three (3)-story building with 24 affordable housing dwelling units, 8,530 square feet of commercial space, associated parking and related site improvements on a 1.23-acre site. Applicant: Elizabeth Roque, Wells Landing Apartments LLC. (Tabled from the November 4, 2020, Commission meeting. This item remained on the table.) F. Proposed Ordinance No. 20-040 - Second Reading - Request for abandonment of a portion of the unimproved 30-foot wide right-of-way of NE 1st Street running north and south from NE 11th Avenue south approximately 150 feet (ABAN 21-002.) Attorney Cherof read Proposed Ordinance 20-040 by title only on second reading. Motion Meeting Minutes City Commission Boynton Beach, FL November 17, 2020 10 Commissioner Romelus moved to approve. Commissioner Hay seconded the motion. Mayor Grant opened Public Comment. No one came forward. Vote City Clerk Gibson called the roll. The vote was 4-0. Out of an abundance of caution Attorney Cherof requested to re-read the title again. Motion Vice Mayor Penserga moved to approve. Commissioner Hay seconded the motion. Vote City Clerk Gibson called the roll. The vote was 4-0. Proposed Ordinance No. 20-041 - Second Reading - Request for abandonment of a portion of an unimproved five (5) foot wide alley running east to west from Seacrest Boulevard east to approximately 436.5 feet (ABAN 21- 001). Attorney Cherof read Proposed Ordinance 20-041 by title only on second reading. Motion Commissioner Katz moved to approve. Commissioner Hay seconded the motion. Mayor Grant opened Public Comment. No one came forward. Vote City Clerk Gibson called the roll. The vote was 4-0. G. Approve Wells Landing South (NW SP 20-005) New Site Plan for a multi- family residential development consisting of two (2), four-story buildings with a total of 100 affordable housing dwelling units, associated parking and related site improvements on a 2.69-acre site. Applicant: Elizabeth Roque, Wells Landing Apartments LLC (Tabled from the November 4, 2020, Commission meeting.) Motion Meeting Minutes City Commission Boynton Beach, FL November 17, 2020 11 Commissioner Hay moved to remove from the table. Vice Mayor Penserga seconded the motion. Brian Herbert, Gallo Herbert Architects, 1311 Newport Center Drive, Deerfield Beach, explained a presentation was given at the last City Commission meeting of Wells Landing on MLK Jr. Boulevard. He reviewed a presentation showing the site plan and building elevation. There will be 100 units in total with parking to the rear or the building. Site amenities such as a plaza area along MLK Jr. Boulevard to help increase a pedestrian- friendly atmosphere. Elements such as bike racks, seating areas were included. There was a question about a site wall. Mr. Herbert explained it will have green amenities. They are required to have a minimum of 20 points for green amenities and they achieved 21 points. Said amenities included energy and water saving including bike racks Electric Vehicle Charging stations and butterfly attracting plant materials. Extensive landscaping would be planted where they can and wide buffers. The Pedestrian plaza will have large shade trees keeping with the landscaping along MLK Jr. Boulevard in tree planters. Images of the southern and northern parcel were viewed as was the civil engineering schematics All issues were resolved. Conceptual elevations were viewed with porch elements at the bottom to create a better pedestrian-friendly atmosphere and give the building a more human scale. The architecture was Floribbean-styled with nice colors and metal roofs. The buildings will be concrete masonry units with metal roofs, hurricane impact glass and all-star energy rated appliances. The artist’s rendition was viewed. A few comments from the Planning Board were received which they agreed to and all conditions of approval were agreed to. They are using Wells Landing as a working name and there will be discussions of names in the future. Mayor Grant asked if they are required to have public art and learned they were not, but they will include something. They are thinking the art may be appropriate in the north parcel. Colin Groff, Assistant City Manager, explained there may be an exemption for affordable housing. Mr. Herbert explained they thought they had to include art and were willing to do so. Ocean Breeze East was exempt from participating in the Art in Public Places project. Mr. Roque explained they were exempt, but they are excited to participate in it. Motion Vice Mayor Penserga moved to approve. Commissioner Hay seconded the motion. The motion unanimously passed. H. Proposed Ordinance No. 20-042 - Second Reading - Approve the Boynton Beach Administrative Code Amendments to the 7th Edition (2020) of the Florida Building Code. Attorney Cherof read Proposed Ordinance 20-042 by title only on second reading. Motion Meeting Minutes City Commission Boynton Beach, FL November 17, 2020 12 Vice Mayor Penserga moved to approve. Commissioner Hay seconded the motion. Mayor Grant opened Public Comment. No one came forward. Vote City Clerk Gibson called the roll. The vote was 4-0. I. Proposed Ordinance No. 20-043 - First Reading - Request for abandonment of a portion of the SW 6th Street right-of-way consisting of a portion of the unimproved swale abutting the east lot line of the subject property located at 704 SW 25th Avenue (ABAN 20-010). Attorney Cherof read Proposed Ordinance 20-043 by title only on first reading. Mayor Grant opened Public Comment. No one came forward. Motion Commissioner Hay moved to approve. Vice Mayor Penserga seconded the motion. Mayor Grant was aware there were flooding in some areas and asked if this area was impacted. Mr. Groff responded not at this location, it was further north. Mayor Grant asked if this is at the request of an adjacent property owner and learned it was. Mayor Grant asked if they were paying anything towards the cost and the cost of additional land. Mr. Groff responded they were not. Mayor Grant noted in the past they were required to make a payment. Mr. Groff explained this is an area of roadway and the right-of-way was greater than 50 feet. The lot adjacent to it made it difficult to build on. The City was squaring off the right-of-way, the lot to match surrounding properties. Motion Commissioner Hay moved to approve. Commissioner Romelus seconded the motion. Vote City Clerk Gibson called the roll. The vote was 4-0. Commissioner Katz arrived at the meeting at 6:47 p.m. and announced he had no disclosures. He advised a school board meeting went longer than anticipated. Mayor Grant asked if Commissioner Katz could vote on the previous items. Attorney Cherof explained the Commission would need a motion to reconsider items for him to vote otherwise the ordinance is passed based on the people present when the roll Meeting Minutes City Commission Boynton Beach, FL November 17, 2020 13 call was done. Commissioner Katz was fine with the votes taken in his absence. Mayor Grant asked for a roll call. Vote City Clerk Gibson called the roll. The vote was 5-0. 9. City Manager’s Report A. Discuss potential ordinance prohibiting the use of polystyrene foam products in City facilities and on City property. Ms. LaVerriere announced the Sustainability Coordinator Rebecca Harvey had a short presentation. Commissioner Romelus had requested the City look into this item. Ms. Harvey explained staff was to present options for the Commission to review. She advised plastic is addressed in the City’s 2020 Climate Action Plan under Green Office Practices and in Community-wide Strategies. These practices have co-benefits including economic development, eco-system protection and public health. From the public input they received for the Climate Action Plan, waste reduction and recycling was rated very important. The aim of the Plan is to reduce greenhouse gas emissions. Polystyrene is a petroleum product. The two main forms of consumer products made from polystyrene which are expanded polystyrene (Styrofoam) and a hard, rigid plastic with the number six on it. The concerns stem from how easily the product is littered. It is lightweight and it winds up in storm drains and eventually in beaches and the ocean. It is not biodegradable or recyclable. The potential economic impacts on the community are numerous. It could decrease eco-tourism, rising cost of storm drain maintenance, unsightly, inequitable distribution of pollution, degradation of wetland systems and others. There are state laws about what local government can and cannot do to regulate. Florida Statute 500.90 preempts regulation of these products but does not limit the authority of local governments to restrict its use by individuals, government vendors, temporary vendors or entities with a contractual relationship with a local government on public property. She spoke about plastic bags and pointed out there is a voluntary Green Business Recognition program, which will start up again. In regulating polystyrene, there were three decisions: to whom the regulations apply, which materials to include, and how to enforce the ordinance. Ms. Harvey explained 17 Florida cities and counties prohibit the use. Some cities prohibit the public from bringing the products onto city or county parks, beaches and in some cases into marinas and docks. Some municipalities included the prohibitions in rental agreements for park users and/or signage. Several cities regulate the product outside the public right-of-way were grandfathered in because they had ordinances in effect when the provision was enacted by the State. Ms. Harvey listed examples of polystyrene products. Orlando and Orange counties passed internal policies. She noted Hollywood banned intentional balloon Meeting Minutes City Commission Boynton Beach, FL November 17, 2020 14 releases. Exemptions included pre-packaged foods, ADA exemptions, plastic straws, bans on polystyrene foam only, and free samples or food distribution drives. The third decision to be made was penalties and enforcement. Ms. Harvey explained education was important. An education campaign should be in effect for at least six months before enforcing any ordinances. Enforcement with vendors could be enforced via contract. She noted, several cities include fines in their ordinances. If they are applied, best practices should include a financial hardship waiver and there is generally increasing fines beginning with a warning. Some municipalities do not have fines; rather, the emphasis is more to educate than penalize. Ms. Harvey reviewed alternatives to polystyrene foam. She advised lessons learned were that residents, in general, are supportive. They are not reporting seeing problems with compliance, but businesses, when they see demand from their customer, see the benefits. Education is important and some combine it with procurement policies. Cities can include other single use plastics and consider a minimum part six plastic for facility rentals, work with stake holders and provide positive publicity to vendors. Commissioner Romelus thanked Ms. Harvey for the presentation. She wanted to hear the Commission’s thoughts and staff’s analysis of cost. Vice Mayor Penserga appreciated the initiative. His questions were not how to move forward with it, but how far can they go with it and meaningfully enforce. He favored control in parks and beaches. He thought in addition to education and it should be taken seriously and the City’s policies or ordinances need to have teeth. Mr. Groff talked in- house with staff how to enforce it, and how far they want to go with it on city property. He asked if citizens rent a pavilion in a park and they don’t adhere if the Commission wants to fine them. He thought it would take time. They are pushing education more. There are incentives and options. The Commission has to determine how far they want to go and staff will bring back options. Vice Mayor Penserga asked how repeat offenders would be handled. Mr. Groff thought enforcement is difficult. Ms. Harvey pointed out a large majority of cities have a fine in their ordinance. Vice Mayor Penserga favored enforcing the regulations at public facilities, beaches and parks. Commissioner Hay asked, if someone is caught up front while renting a facility, if they can be banned from rentals for a period of time. It was thought education is the way to go right now and not big fines. When fines are appropriate, the Commission can readdress it then. Commissioner Katz supports the ordinance. He was not a proponent of policing people on City beaches and parks. He favored policies that are realistic, but not overbearing on residents. Mayor Grant agreed with Commissioner Katz. His ideas pertained to people using pavilions or parks with special event permits. Mr. Groff commented the City could review deposits and give incentive discounts and if caught violating they could be charged extra. Mayor Grant thought they should require a sustainability deposit. If using the Meeting Minutes City Commission Boynton Beach, FL November 17, 2020 15 products, the sustainability deposit will not be refunded and will be used for environmental causes. He suggested charging an additional $10 sustainability deposit. If the user does not use the product, they could give them $15 back because they want to incentivize people to be more environmentally friendly. He wanted a sustainability deposit and to proceed on the honesty of their residents. He agreed having provisions in future contracts was fine, but they should not change current vendor contracts. He likened the situation to electric cars. He also did not want to allow confetti at parks as it is impossible to pick up confetti in the grass. As to the beach and Harvey Oyer Boat Ramp/Park, they may want to move forward with a fine or warning because there are people on staff that are able to issue fines. A park ranger and others on staff can issue a citation from the City. He thought they should give a year of warnings at beaches and boat ramps, so all would know you cannot use Styrofoam on the premises. He thought fines should be equivalent to a parking fine. He thought the City could buy in bulk so when vendors want to work and they get a permit, they can buy from the City and include it in the event reservation. Commissioner Romelus thought the City would not penalize and hunt people down for having Styrofoam, and they cannot enforce it in commercial locations, only within city specific locations. She wanted to direct staff to develop something long-term that will change behaviors. She wanted signage posted giving ideas that over time, they will not allow certain types of plastic in public parks and they will be fined if caught. As they have technology and improved cameras in parks and public areas, they can be mindful there is video surveillance and the City would know if they are adhering to the requirements. Ms. LaVerriere will bring something back with what was stated and they can review each option over a period of time, starting with the educational campaign. Ms. LaVerriere thought they had enough to prepare a draft ordinance. Mayor Grant requested bringing it back at the next meeting and could give a timeline for each item. Commissioner Romelus hoped signage from Public Works would be educational as to where to place trash. Mayor Grant opened public comment. Ramona Young, 101 South Federal Highway, thought what was said was marvelous. The marketing Ms. LaVerriere spoke about and with education, would also be for businesses. Businesses cannot be forced, but if they are on board and they are not selling as much of this plastic, then Boynton becomes the City that will be totally clean from litter. Education was important and to have businesses voluntarily buy in. She thought the answer was to make someone not want to use the product. She thought it takes a long time, but all of the comments were right on point. She also spoke with the City Commission about trash cans in Miami that were artful that made people want to use the trash cans. They were beautiful now. Mayor Grant agreed there are not enough trash cans in District Two. In Disney, there is a trash can every 30 to 50 feet. Ms. Young suggested if trash cans can be implemented at schools or community service for artists, the receptacles become personalized and people take pride in them. Meeting Minutes City Commission Boynton Beach, FL November 17, 2020 16 Caitlyn Futchenata supported a fee after there was educational outreach for residents and businesses. Susan Oyer, 140 SE 27th Way, commented one of the very first art projects was to decorate some of the dumpsters and some are still around. She thought the painted dumpsters was a long-established tradition. She thanked the City Commission for considering the ban on EPS. 10. Unfinished Business - None 11. New Business A. Proposed Resolution No. R20-129 - Approve and ratify the Collective Bargaining Agreement between the SEIU Florida Public Services Union, CTW, CLC Blue Collar Unit and the City. Mayor Grant presented the item. Motion Commissioner Romelus moved to approve. Commissioner Katz seconded the motion. Mayor Grant noted 98.5% of the Blue Collar Union workers approved the contract. Vote The motion unanimously passed. Proposed Resolution No. R20-130 - Approve and ratify the Collective Bargaining Agreement between the SEIU Florida Public Services Union, CTW, CLC White Collar Unit and the City. Mayor Grant presented the item. Motion Commissioner Hay moved to approve. Commissioner Katz seconded the motion for discussion. Commissioner Katz had requested information from the City Manager regarding raising the increase from 2.5% and what the financial impact would be to raise it to 3%. It was his desire to reject the item, send it back to City staff and tell the Union that 3% was the Board’s direction. These people are working in the field throughout COVID. He wanted to assist employees and the working class and the financial impact was minimal to bring Meeting Minutes City Commission Boynton Beach, FL November 17, 2020 17 it up to 3%. He intended to vote it down unless it was sent back and agreed to the bargaining unit to use 3%. Mayor Grant thought the Commission could have addressed this together and noted 100% of the White Collar Union workers approved the contract and the Blue Collar contract was already approved by the City Commission. He stated the Commission would have to reconsider the Blue Collar contract. Commissioner Katz announced that was his request. His intent was not to approve this contract and he wanted to reconsider his other vote. Motion Commissioner Katz moved, with the notation for staff to go back and state that 3% is on the table for SEIU to accept the White Collar and reject R20-130. Attorney Cherof explained the motion was out of order. When a CBA reaches the City Commission, it is a yes or a no vote. It cannot be a conditional vote because the bargaining occurs at the City Manager to Union level, and not at the City Commission level. If the majority votes no, the contract is not ratified and the City and the Union go back to the bargaining table. Motion Commissioner Katz moved to reject. Mayor Grant noted the motion needed to be in the affirmative. Commissioner Romelus seconded the motion. She noted there is already a motion on the table that she moved and he seconded and then it went to discussion. Vice Mayor Penserga requested clarification, the motion is to approve as-is and then make a separate motion to reconsider. Mayor Grant noted they passed 20-129 approving 2.5% to Blue Collar workers. They are moving forward with same for White Collar workers. Commissioner Katz has indicated he would like to reconsider his prior vote and vote against the 2.5%. The City Commission does not have the ability to bargain or speak with the City Manager as a Board before the final bargaining has taken place. The City Commission was removed from the discussion and the White Collar workers approved the contract 100% and Blue Collars approved it 98.5% Commissioner Katz feels the Union workers deserve more. The City is in a difficult position in the economy and country. Attorney Cherof explained the motion was to approve the CBA agreement. A yes vote would do so and a no vote would do the opposite. If a majority votes no, the contract is not ratified and it returns to the City and Union to continue negotiations. The City and Union could take a signal from what the Commission does if it goes back to them and the Meeting Minutes City Commission Boynton Beach, FL November 17, 2020 18 Union would not object to a 3% increase. At the moment the issue is only a yes or no vote. Commissioner Romelus was not opposed with an increase, but felt it may be less next year due to what comes in with COVID. Mayor Grant felt the City can table the item and reconsider Resolution 20-129 and City Staff can explain the contracts. He did not know if it was 2.5% this year, or next year. He did not have an overview but the bargaining agreement is for three years. Ms. LaVerriere explained the information is in the backup. Moving into the current fiscal year they would retro to October 1 moving to September 30 of next year. They funded 2% in the budget across the board. Through bargaining they went to 2.5%, which was not budgeted and they would have to reach into reserves and anything over 2.5% will also come from reserves. Julie Oldbury, Director of Human Resources and Risk Management, explained some items in the agreement. The term of the agreement is for three years. They have reopeners in the contract for wages each year and they also have a reopener if certain conditions occur regarding insurance such as if the City changed plans or not offer the same type of plan or increase deductible. In addition to the 2.5% increase, they provided union members the ability to convert additional leave time into their HSA and provided additional opportunities to receive training and out of class pay and they made some non- monetary changes to the discipline article and call-in time provisions. Commissioner Hay agreed with both Commissioners Katz and Romelus. He supported approving the contract as-is. Commissioner Katz explained if the increase is passed, the total cost increase for moving from 2.5% to 3% was $54K. Ms. Oldbury agreed. The funds would come from the Reserve account and the budget would have to be amended. Vote The motion to approve passed 3-2 (Commissioner Katz and Vice Mayor Penserga dissenting.) Motion Commissioner Katz moved to reconsider Resolution R20-129. Vice Mayor Penserga seconded the motion. The motion failed 2-3 (Mayor Grant and Commissioners Romelus and Hay dissenting.) Mayor Grant wished all a safe and healthy Thanksgiving. He wished all well and good tidings for the season. Meeting Minutes City Commission Boynton Beach, FL November 17, 2020 19 12. Legal - None 13. Future Agenda Items A. City Manager's Annual Performance Review - December 1, 2020 B. ILA for Women's Club transfer to the City - December 2020 C. Mayor Grant requested information on the water quality of canal systems within the City. - January 2021 D. Vice Mayor Penserga requested a discussion regarding a City Mural Program - TBD E. Discussion on funding for expanding Wi-Fi to City parks. - TBD F. ILA for Sara Sims Park Pavilion Improvements - TBD G. Discussion of LOI process for sale of city land - TBD 14. Adjournment There being no further business to discuss, the meeting was adjourned at 7:51 p.m. Mr. Konnikov explained how the public could access the audio and video recording. CITY OF BOYNTON BEACH ___________________________ Mayor - Steven B. Grant ___________________________ Vice Mayor – Ty Penserga ___________________________ Commissioner – Justin Katz ___________________________ Commissioner – Woodrow L. Hay ___________________________ Commissioner – Christina Romelus Meeting Minutes City Commission Boynton Beach, FL November 17, 2020 20 ATTEST: _______________________________ Crystal Gibson, MMC City Clerk ________________________________ Catherine Cherry Minutes Specialist