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Minutes 05-18-21 Minutes of the City Commission Meeting Held Online Via the GoToWebinar Platform and In-Person at the City Hall Commission Chambers 100 East Ocean Avenue, Boynton Beach, Florida On Tuesday, May 18, 2021, at 5:30 P.M. Present: Mayor Steven B. Grant Lori LaVerriere, City Manager Vice Mayor Ty Penserga James Cherof, City Attorney Commissioner Justin Katz Crystal Gibson, City Clerk Commissioner Woodrow L. Hay Absent: Commissioner Christina L. Romelus 1. Openings A. Call to Order - Mayor Steven B. Grant Mayor Grant called the meeting to order at 5:34 p.m. B. Roll Call City Clerk Gibson called the roll. A quorum was present. Alan Karjalainen, Web Design Coordinator, explained how the online meeting would proceed and how the public could participate. Invocation by Pastor Chuck Brannon of Gateway Community Church. The Invocation was given by Pastor Brannon. Pledge of Allegiance to the Flag led by Mayor Grant Mayor Grant led the Pledge of Allegiance to the Flag. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Item 3G added. Mayor Grant requested to add the announcement of a Memorial Day event under Announcements Community and special Events and Presentations. Meeting Minutes City Commission Boynton Beach, FL May 18, 2021 Motion Vice Mayor Penserga moved to approve the agenda as amended. Commissioner Hay seconded the motion. The motion passed unanimously. 2. Other A. Informational items by Members of the City Commission. Commissioner Katz disclosed that he met with Jack Weir of Eastwind Development and Bradley Miller. Commissioner Hay disclosed that he met with Bradley Miller. Vice Mayor Penserga disclosed that he met with Bradley Miller and Jack Weir of Eastwind Development. He also spoke with the Home Owners Association (HOA) and surrounding breweries of Quantum Overlay Development District (QPODD). Mayor Grant disclosed that on May 6th, he attended an informational session at the new Ocean Breeze affordable housing development. On May 8th, he attended the John Lewis National Day of Action and thanked the police department for doing an excellent job with the votercade that started in Boynton Beach and ended in Lantana. On May 13th, he attended the Boynton Beach Veterans Task Force meeting. On May 14th, he attended a transit workshop held by the Transpiration Planning Agency. On May 16th, he attended the South Florida Fair for the Mayor's Day Parade. He spoke with Jack Weir of Eastwind Development in regards to the Eastwind proposal. 3. Announcements, Community and Special Events and Presentations A. Proclaim May 22-28, 2021 as National Safe Boating Week. Flotilla Commander, Shari Forman will accept the proclamation. Mayor Grant proclaimed the May 22-28, 2021 as National Safe Boating Week. Flotilla Commander, Shari Forman, was not in attendance. B. Proclaim the month of May as Asian Pacific American Heritage Month. Mayor Grant proclaimed the Month of May as Asian Pacific American Heritage Month. Takeata Pang, former President of the Chinese Association of Science, Education and Culture of South Florida, accepted the proclamation. The association is the largest Chinese community in South Florida covering from Jupiter to Key West. Ms. Tang thanked the City and the Commission for the proclamation. Winnie Tang, President of the Florida Asian Services and Vice President of Asian American Federation of Florida, thanked Vice Mayor Penserga and the Commission for 2 Meeting Minutes City Commission Boynton Beach, FL May 18, 2021 recognizing and supporting the contributions of Asians in this Country. Qingchuan Yoa, President of the Chinese Association of Science, Education and Culture of South Florida, was also in attendance and thanked the Commission and the City for recognizing May as Asian Pacific American Heritage Month. C. Announcement by Gary Dunmyer, Interim Director of Public Works & Engineering, regarding Tire Amnesty Week for City Residents from May 31, 2021 - June 4, 2021. Gary Dunmyer, Interim Director of Public Works and Engineering, announced Tire Amnesty Week will be May 31, 2021 to June 4, 2021. Residents can place up to eight tires on their curb and the tires will be picked up. Mr. Dunmyer did caution the residents to place the tires at least three feet away from anything that can be damaged. For further information, please contact Solid Waste/Public Works at 561-742-6200, 7:30 a.m. to 4:30 p.m., Monday through Friday. D. Announcement by Gary Dunmyer, Interim Director of Public Works & Engineering, regarding tree trimming in preparation for the approaching Hurricane Season. Mr. Dunmyer, gave directions on tree trimming during the hurricane season. Tree trimmings up to three cubic feet can be placed on the curb. Please do not mix the vegetation with construction debris or household items. For further information, please contact Solid Waste/Public Works at 561-742-6200, 7:30 a.m. to 4:30 p.m., Monday through Friday. Commissioner Hay inquired about trimming close to electrical wires. Should the residents call the City? Mr. Dunmyer responded that the citizens can call the number that was provided, yet in most cases FPL would have to be contacted to do the trimming. Vice Mayor Penserga inquired about proper disposal of mattresses. Mr. Dunmyer stated that if the mattresses are placed on the curb on bulk day, the City will pick them up. E. Announce the (Virtual) Hurricane Preparedness Information Session on Thursday, May 20, at 12 noon. Laura Lansburgh, Marketing Manager, will provide event details and how the public can register to attend. Laura Lansburgh, Marketing Manager, provided event details on the (Virtual) Hurricane Preparedness Information Session that will be held on Thursday, May 20th at noon. Topics that will be discussed are shelters, generator safety, home and property preparation tips and ADA services. Questions could be submitted in advance by emailing marketinq a(�bbfl.us. The Library will be offering a weather and hurricane 3 Meeting Minutes City Commission Boynton Beach, FL May 18, 2021 preparedness webinar in conjunction with the National Weather Services of Miami. The webinar will take place on Tuesday, June 8th from 6 p.m. to 7 p.m. Topics will include weather preparedness and hurricane awareness. Both programs will be recorded and will be available on the City's YouTube page. In addition, the City will be participating in the Boynton Beach Mall Annual In-Person Hurricane Expo on Saturday, May 22nd, from noon to 3 p.m. For more information, call 561-742-6010 or visit prepareboynton.com. F. Announcement by Recreation & Parks Director Kacy Young regarding the Free Pet Vaccine Clinic for Dogs and Cats in partnership with the Justin Bartlett Animal Rescue Hospital at the Ezell Hester Center on Saturday May 29th, from 9 am-3 pm. Kacy Young, Recreation and Parks Director, announced the Free Pet Vaccine Clinic for Dogs and Cats in partnership with the Justin Bartlett Animal Rescue Hospital at the Ezell Hester Center on Saturday, May 29th, from 9 a.m.- 3 p.m. For more information, contact Justin Bartlett Animal Rescue Hospital at 561-795-9990. G. Announcement by Recreation & Parks Director Kacy Young regarding the Boynton Beach Veterans Task Force hosting a Memorial Day Ceremony on Sunday May 30th at Boynton Beach Memorial Park (1611 S. Seacrest Blvd.) Starting at 2 pm. Mr. Young announced the Memorial Day Ceremony on Sunday, May 30th at Boynton Beach Memorial Park (1611 S. Seacrest Blvd.) starting at 2 p.m. Mayor Grant inquired what month is National Water Safety Month. Mr. Young responded that National Water Safety Month is the month of May. Mr. Young noted that the City did proclaim May as National Water Safety Month at the May 4th City Commission Meeting. 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) Tom Warnke, 2780 Worcester Road, Lake Worth Beach, provided an update, at the Mayor's request, on Surfing Florida Museum. The Museum has been working for over a year on implementing a proposal that was submitted by the Recreation and Parks Department to locate the Museum in the Women's Historic Club. In March, the City obtained ownership from the CRA and on March 11th, Mr. Warnke submitted a detailed proposal to the Recreation and Parks Department. On April 26th, the Recreation and Parks Advisory Board meeting included a discussion on this subject. The Recreation and Parks Advisory Board enthusiastically recommended that the item be brought to the City Manager for consideration. At the May 4th City Commission meeting, the City 4 Meeting Minutes City Commission Boynton Beach, FL May 18, 2021 Manager placed the item on the June 1st agenda. Mayor Grant inquired if this topic was going to be on the agenda for the June 1st City Commission meeting. Lori LaVerriere, City Manager, responded that staff is looking at the proposal and there will be discussion at the June 1st City Commission meeting. 5. Administrative A. Appointment of eligible members of the community to serve in vacant positions on City advisory boards. Mayor Grant read the vacancies. Motion Commissioner Hay nominated Darryl Sanders as a regular member to the Employee Pension Board. Vice Mayor Penserga seconded the motion. The motion passed unanimously. B. City Commission to discuss and select Vice Mayor to serve until March 2022 municipal election. Motion Commissioner Katz moved to nominate Commissioner Hay as Vice Mayor. Vice Mayor Penserga seconded the motion. The motion passed unanimously. C. Consider the protest filed by Poseidon Dredge & Marine, Inc. for Invitation to Bid 002-2511-21 - Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project. Jim Cherof, City Attorney, gave a legal overview of the protest. Attorney Cherof stated that if a participant in the request for proposal is displeased with the outcome, they have the opportunity to challenge on technical grounds in front of the City Commission. The City Commission has the authority to dispose of the bid protest. The Commission has three options: 1. Maintain the current award with Anzco, Inc. as it stands based on the April 6, 2021 Commission decision. 2. Reject all bids and re-advertise the Boat Ramp Improvement Project. 3. Uphold the protest, reject the Award to Anzco, Inc., and award to the secondary responsive bidder, Poseidon Dredge & Marine Inc. Tim Taylor, Poseidon Dredge & Marine Inc., gave a presentation on the bid protest for the Harvey Oyer Jr. Park Boat Ramp Improvement Project. 5 Meeting Minutes City Commission Boynton Beach, FL May 18, 2021 Mayor Grant inquired about the qualifications and wanted to know if there is a special license from the Department of Professional Regulations to be a general contractor. Mr. Taylor responded when working on the water, there are environmental permits that need to be pulled. Javier Quevedo is the Qualifier for Poseidon. John Zach, President of Anzco, stated that since 2014, Anzco has completed 42 projects for the City of Boynton Beach, including another Harvey Oyer Park project. Mr. Zach commented that he is very familiar with working with the City. Mr. Zach made it known that on the Poseidon's bid it stated that the suppliers are to be determined. This would make the bid invalid. Even though directed by the City that the supplier to be used will be Golden Marine, Anzco listed them as a supplier. Mayor Grant inquired if Anzco has done marine dredging work. Mr. Zach responded that Anzco has done bridge work. Mayor Grant inquired about where the bridge work was done. Mr. Zach responded that Anzco raised bridges in Ocean Ridge and completed work on the Camino Real bridge. Commissioner Penserga questioned why Anzco did not list any marine projects on the bid. Mr. Zach stated Anzco did marine work on older projects in 2013, 2014 and 2015. Commissioner Penserga clarified that the reason for these projects not being listed is due to the time frame. Mr. Zach stated that the bid request asked for projects that have been completed in the last three years. Commissioner Penserga questioned why Anzco listed the City as a reference when the bid clearly states not to list the City as a reference. Mr. Zach commented that he missed that in the bid. Mr. Zach continued to say that the online bid process is complicated and time consuming. Vice Mayor Hay inquired if Mr. Zach was able to give other references besides the City, who would it be. Mr. Zach responded that he would list Palm Beach County, City of Boca Raton and the City of Coral Springs. Commissioner Katz asked the City Attorney to clarify if listing the City as a reference is 6 Meeting Minutes City Commission Boynton Beach, FL May 18, 2021 itself disqualifying for the entire bid. Attorney Cherof responded it was not a disqualifying component of the bid. Commissioner Katz asked what would it be characterized as. Attorney Cherof stated that it could be something that the Commission can waive at the time of the award of the bid. It does happen from time to time. The Commission has waived formalities of bids and invitation to bid in the past. Commissioner Katz questioned if it is the recommendation of staff and the City Attorney to proceed with the awarded bidder. Attorney Cherof stated the Finance Director concluded that the protest could not be sustained and was moved on to the City Attorney's Office for review. It was recommended that the protest be rejected. Mayor Grant stated that he was in favor of rejecting all bids and re-advertise or to uphold the protest based on the evidence that was provided. Anzco failed to give three references and failed to give three government contracts for marine work in the last three years. Vice Mayor Hay believes that Anzco is a responsible and responsive bidder despite not providing the information that was requested in the bid. Commissioner Penserga inquired since Anzco did not list previous marina projects, how was staff able to evaluate Anzco's previous marine projects. Andrew Mack, Assistant City Manager, stated that there is a two-step process. Procurement staff determines whether the bid is qualified or unqualified. Then the Public Works staff reviewed the qualifications of the subcontracted work. Commissioner Penserga reiterated his concerns that there were no previous marine projects listed in the bid. How was staff able to evaluate previous marine work? Commissioner Katz clarified that although the projects that are listed are not marine projects, there may have been marine work done by the subcontractors. Assistant City Manager Mack replied that is correct. He said Mr. Zach mentioned, that a lot of this project is done as concrete. There is the actual slab and a floating dock that goes with it. So, Anzco is doing self-performing concrete work, which is typically what the City evaluated through those other projects, such as bridge work, or any type of rework and the work Anzco has done for the City. The specific marine work that is required through the contract specified the exact contractor to be Golden Marine. Mr. Zach stated that Anzco has used Boatlift Syntax. Anzco also used Tetra the subcontractor for the Coral relocation in Boynton Beach. Tetra pulled the permits 7 Meeting Minutes City Commission Boynton Beach, FL May 18, 2021 including the environmental permits. Anzco does perform their own concrete or onsite work. But Anzco hires subcontractors that are experienced with putting in the marine equipment and doing marine work. Juan Quevedo, Qualifier for Poseidon Dredge & Marine Inc, pointed out that this is a boat ramp, not a concrete slab. This is not a typical concrete rebar. There is a Coffer Dam that is involved. There is dewatering. He stated that he did not believe his subcontractors have boat ramp experience as quoted. Mayor Grant inquired if Poseidon Dredge & Marine Inc. would use a subcontractor for the environmental coral relocation. Mr. Quevedo responded yes, Poseidon Dredge & Marine Inc. would use Tetra Tech. Commissioner Katz stated that the awarded bidder pointed out that Poseidon Dredge & Marine Inc. listed subcontractors to be determined. Mr. Quevedo commented that the bid directed them to use Golden Marine Manufacturing exclusively. There was no reason to elicit a vendor when you are told who you are going to use. Mayor Grant stated that he looked at the Poseidon Dredge & Marine Inc. website and they specialize in seawalls, boatlifts, stretching docks, tug and barge support, where Anzco is more of a general contractor and not a specialized as Poseidon Dredge & Marine Inc. Mayor Grant wants to be sure that the City is hiring the right contractor. Commissioner Katz said he appreciated everyone being there to discuss this protest. Everything he has heard leads him to go with the awarded bidder. Commissioner Katz inquired that with the review done by staff, the subcontractors of the awarded bidder are capable of doing the work. Assistant City Manager Mack responded yes, based on the qualifications of the general contractor and subcontractors that are listed in the bid, he is comfortable that Anzco can perform. Motion Vice Mayor Hay moved to maintain the current award to Anzco. Commissioner Katz seconded the motion. Motion failed with a vote of 2-2 (Nay - Mayor Grant and Commissioner Penserga). Mayor Grant inquired if the Commission would have to make a motion to uphold the protest. Attorney Cherof replied alternatively there would be a motion to reject bids and re- advertise. 8 Meeting Minutes City Commission Boynton Beach, FL May 18, 2021 Commissioner Katz inquired if the Commission rejects all bids and re-advertises the bid there is no legal action that can be taken. Vendors would have to resubmit their bids and reengage in the process. Attorney Cherof responded there is always a chance of legal action. You cannot control what people will file in court to perpetuate their point of view. Mayor Grant inquired when does the grant expire. Assistant City Manager Mack responded that the grant will expire in September 2022. Vice Mayor Hay remarked that it seems to be unfair now that vendors know how the each responded to the bid. Attorney Cherof stated that It may cost more money when we go out to bid; it is not unusual for that to occur. The positive aspect of rejecting the bids and going back out is with respect to the integrity of the procurement process. The City is demonstrating to the public that, in the event of a protest, which is permitted under City procedures, and essentially everywhere that if somebody makes a case, issues are raised, the Commission has the right to reject all bids. He reiterated that the Commission did not have to award the contract. They may have found that in having listened to all, there are some inconsistencies in the way that it was processed, the City is starting over and he would expect that if it returns to the Commission that all of those inconsistencies will be resolved. Vice Mayor Hay inquired if the three bidders can resubmit the bids with different figures, if they wanted to. Mayor Grant stated the Commission has two options: 1. Reject all bids and re-advertise Boat Ramp Improvement Project. 2. Uphold the protest, reject the award to Anzco, Inc., and award to the secondary responsive bidder Poseidon Dredge & Marine Inc. Assistant City Manager Mack requested clarification on there is no room for awarding past the lowest bid. Mara Frederiksen, Finance Director, stated that the City did give that as an option. If the City rejects this one as being non-responsive, the City cannot go to the second one. Commissioner Katz inquired if all bids are to be rejected how quickly can this be reissued as an RFP and the process to select a bidder. Assistant City Manager Mack responded that it could be done in 30 to 45 days, with advertising and opening the bids. 9 Meeting Minutes City Commission Boynton Beach, FL May 18, 2021 Commissioner Katz clarified that if the action taken today is to reject all bids and re-issue, the RFP we would definitively have time. Commissioner Penserga stated he supports the protest. The current applicant Anzco did not complete the ITB correctly. Not citing all of your refences is a bad indicator. If the subcontractor is what really matters here maybe an ITB should be done for subcontractors. He said that when a project is this important, he would like to have someone who is a specialist in doing this type of project and it might be worth the additional expense. He is willing to put the cost a little bit higher because the expertise and experience the protester brings and does not believe that anything significant would come out of re-advertising the ITB. Assistant City Manager Mack inquired if the qualifier for Poseidon used to be a qualifier for Palm Beach Marine that has done business with the City. Mr. Quevedo responded that is correct. Assistant City Manager Mack commented that Mr. Quevedo was the qualifier for the company that did the Oceanfront Park project. What was the outcome of that park? Mr. Quevedo responded that he does not recall the outcome. There were different qualifiers on the project, Mr. Quevedo does not believe he was the qualifier for that part of the project. Assistant City Manager Mack stated the reason he is asking is that Palm Beach Marine did a project for the City at Oceanfront Park and went bankrupt through the City during the project. Commissioner Penserga remarked why wait until the end. Assistant City Manager Mack responded that he wanted to make sure that the Commission had all the facts. Commissioner Penserga remarked that he is no longer comfortable putting forward the motion of being in favor of the protester. He would like more time to evaluate the situation. Commissioner Katz stated that the fairest way to proceed is to reject all bids. Motion Commissioner Katz moved to reject all bids. Vice Mayor Hay seconded the motion. The motion passed unanimously. Vice Mayor Hay inquired about the timeframe again. 10 Meeting Minutes City Commission Boynton Beach, FL May 18, 2021 Assistant City Manager Mack responded that it could be done in 30 to 45 days, with advertising and opening the bids. 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. Authorize utilizing the NASPO Valuepoint Agreement 43220000-NASPO- 19-ACS under Master Agreement AR3189 and AR3230 for the purchase of equipment and NCPA 01-97 for services for network equipment replacement from StepCG in the amount of $49,301.51. B. Authorize utilizing State Law Enforcement Trust Fund (LETF) monies in the amount of $15,000.00 for the purchase of gift cards and other weapon safety products to incentivize and encourage firearm owners to safely. Mayor Grant pulled this item for discussion. Police Chief Gregory talked about the gun buyback program. If there are residents that no longer want a gun, they can come to the Police Department to turn in the gun and receive a gift card. There is also an education component of the program as well. Mayor Grant thanked Chief Gregory for starting this program with the City. Vice Mayor Hay inquired about safety devices for guns. Chief Gregory responded that a safety device is a trigger lock that can be utilized to prevent a gun from being fired. Commissioner Penserga stated that safe gun storage is a major issue. Many incidents have occurred due to improper storage. Will the City be doing anything to address this? Chief Gregory replied that the Police Department can look into providing information on safe storage. Right now, the City is only doing gun locks. The Police Department will provide a list of retailers where gun storage boxes can be purchased. Motion Vice Mayor Hay moved to approve. Commissioner Penserga seconded the motion. The motion passed unanimously. C. Proposed Resolution No. R21-044 - Approve award and authorize the City Manager to sign a Hurricane Commissary Contract between The City of Boynton Beach and Catering Solutions LLC to provide food for city 11 Meeting Minutes City Commission Boynton Beach, FL May 18, 2021 employees in the event of a hurricane not to exceed $34,999.00. D. Proposed Resolution No. R21-045 - Approve the temporary road closure of the lanes in the 2000 Block of State Road 5 (Federal Hwy) - 700 feet of the right lane heading Northbound and 400 feet of the left lane heading Southbound on Sunday, July 4, 2021 for the annual 4th of July event, and authorize the City Manager, or designee, to apply for the State permit for the temporary road closure. E. Approve a change order to purchase order #210290 with Globaltech, Inc. in the amount of $28,374.00 to perform a disinfection by-products study at the East Water Treatment Plant. Upon approval of the change order, the revised total purchase order amount will be $59,874. Vice Mayor Hay pulled this item for discussion. Vice Mayor Hay inquired about the cost and was concerned that there was an issue with the East Water Treatment Plant. Joe Paterniti, Utility Director, stated that the change order is for the study of new application point of the disinfection. This will provide a higher level of safety in disinfection of the finished water. Motion Vice Mayor Hay moved to approve. Commissioner Katz seconded the motion. The motion passed unanimously. F. Approve an award to Atlantic Southern Paving and Sealcoating, LLC in the amount of $75,288.80 for the purpose of installing temporary traffic calming measures (speed humps/signage) in the Forest Park Neighborhood. G. Approve the one-year extension for RFPs/Bids and/ or piggy-backs for the procurement of services and/or commodities as described in the written report for May 18, 2021 - "Request for Extensions and/or Piggybacks." H. Accept the written report to the Commission for purchases over $10,000 for the month of April 2021. I. Proposed Resolution No. R21-046 - Approve interlocal agreement between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency for improvements to the Sara Sims Park amphitheater. Vice Mayor Hay pulled this item for discussion. Vice Mayor Hay inquired about the timeline of the amphitheater improvements. Mr. Dunmyer stated that this project is in the process of being permitted. The project will 12 Meeting Minutes City Commission Boynton Beach, FL May 18, 2021 start on July 6th and it will take about 120 days. Mayor Grant commented that the MLK I Have a Dream event is scheduled to take place in August at Sara Sims. Is the City planning on moving the location? Eleanor Krusell, Marketing and Communications Director, was not aware of the timeframe of the Sara Sims amphitheater improvements and said she will get back to the Commission with a new location of the event. Motion Vice Mayor Hay moved to approve. Commissioner Katz seconded the motion. The motion passed unanimously. J. Proposed Resolution No. R21-047 - Approve interlocal agreement between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency for the design costs for construction improvements to the Historic Women's Club of Boynton Beach. K. Proposed Resolution No. R21-048 - As part of the approval of the two (2) interlocal agreements between the City and the CRA for improvements at Sara Sims Amphitheater and design costs for improvements at the Historic Women's Club of Boynton Beach, it is necessary to amend the Fiscal Year 2020-2021 Capital Improvement Fund (302) budget, which will adjust budgeted appropriations and revenue sources. L. Approve utilizing the Palm Beach County contract, Bid No. 19-024/MB for Sulfuric Acid 93% - Purchase and Delivery with Sulphuric Acid Trading Company, Inc (SATCO) with the same terms, conditions, specifications and pricing. The anticipated annual expenditure for the purchase of sulfuric acid is $90,000. M. Approve minutes from the City Commission meetings on April 20, 2021 and May 4, 2021. Motion Commissioner Penserga moved to approve the rest of the Consent Agenda. Vice Mayor Hay seconded the motion. The motion passed unanimously. 7. Consent Bids and Purchases Over $100,000 A. Proposed Resolution No. R21-049 - Approve and authorize the City Manager to sign a First Amendment to the Interlocal Agreement between the City of Boynton Beach and Florida International University for the Racial and Social Equity Comprehensive Community Needs Assessment and detailed Policy Recommendations. 13 Meeting Minutes City Commission Boynton Beach, FL May 18, 2021 Commissioner Penserga pulled this item. Commissioner Penserga requested an update on the assessment. David Scott, Director of Economic Development and Strategy, gave an overview of the amendment. Initially, the City contributed $20K dollars towards the project with the remaining $105k to be achieved through grant applications. This will allow the City to proceed with the project and continue the work and close the financing gap with City funds. Of the $105k dollars, $60k dollars will be reimbursed back to the City. Originally, the City had anticipated for this project to be complete within six months. Because of the grant process, the City is asking for an extension to the end of this year. Dr. Maria Ilcheva, Assistant Director of Planning and Operations, FIU, gave a presentation on the progress and timeline of a Racial and Social Equity Comprehensive Community Needs Assessment. Mr. Scott stated that the intention is to have those policy recommendations available before the budget workshop meetings. Mayor Grant inquired if the policy recommendations are for next year's budget. Mr. Scott responded that is correct the policy recommendations come out at the beginning of 2022 and will inform the budget process for the following year. Motion Commissioner Penserga moved to approve. Commissioner Katz seconded the motion. The motion passed unanimously. B. Proposed Resolution No. R21-050 - Authorize the City Manager to sign the annual service agreement with Motorola, Inc. in the amount of $142,863.64 for the continued maintenance and repair of the City's radio telecommunications system as a single source vendor. C. Approve the issuance of a purchase order to Homrich Corporation utilizing the City of Boynton Beach Pre-Qualification of Contractors Minor Construction Services Bid No. 028-2511- 20/RW for $150,000.00 to enhance the existing Sara Sims Amphitheater. D. Approve the one-year extension for RFPs/Bids and/ or piggy-backs for the procurement of services and/or commodities as described in the written report for May 18, 2021 - "Request for Extensions and/or Piggybacks Over $100,000." E. Approve Phase II of task order UT-3E-01 with West Architecture and Design, LLC, in the amount of $124,040.00 in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category E to perform the final design and permitting for the reconstruction of Pence Park. 14 Meeting Minutes City Commission Boynton Beach, FL May 18, 2021 Vice Mayor Hay pulled this item. Vice Mayor Hay inquired about what is being reconstructed in Pence Park. Assistant City Manager Mack responded that this is one of the oldest parks in the City and the City has not done much to it. Instead of repairing things, the City looked at what it would take to rehab the entire park. The City did a preliminary design with West Construction. City Manager LaVerriere stated it is important for the Commission to understand that the City is going to complete the design work. At this point in time, the City does not have the funding in the Capital Program to construct the improvements. The approach was to get the design completed and to be ready to construct as potential grants come in. Assistant City Manager Mack commented that this will also give the City the advantage of phasing in the work and break it up into parts that are economically feasible for the City. Mr. Dunmyer stated the way Pence Park is designed, the City can do the work in phases. The City has eliminated the road that was along the railroad tracks increasing the parking. The increased parking will formalize the parking at the park. A walking path around the park will be added as well as restrooms. Commissioner Penserga inquired about the total cost of the park. Mr. Dunmyer responded that the cost will be roughly $2.9M dollars. Mayor Grant was concerned about placing a walking path next to the railroad tracks with no fence. This would need to be reviewed for crime prevention through environmental design. He requested additional information on who Mr. Pence was. He stated that he was looking forward to the design review, however the City needs to be sure that this is what the community wants. Mr. Dunmyer commented that he has met with the residents in the area and has received community input and feedback about the park. The drawing we are looking at is just the preliminary drawing that we used to start a conversation. As we develop the construction drawings the City will take all this into account. City Manager LaVerriere inquired if Brightline was supposed to be installing fencing along the corridor. Assistant City Manager Mack responded that there were discussions at one time that Brightline was going to fence the whole corridor. City Manager LaVerriere suggested reaching out to Brightline regarding the fencing. Mayor Grant commented that he is okay with using aggressive plants instead of fencing. Using aggressive plants would be less maintenance for the City. 15 Meeting Minutes City Commission Boynton Beach, FL May 18, 2021 Motion Vice Mayor Hay moved to approve. Commissioner Penserga seconded the motion. The motion passed unanimously. Motion Commissioner Penserga moved to approve the rest of the Consent Agenda for Bids and Purchases Over$100,000. Commissioner Katz seconded the motion. The motion passed unanimously. 8. Public Hearing - None 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. 9. City Manager's Report - None 10. Unfinished Business - None 11. New Business A. Commission to discuss and approve FY 2021/2022 Budget Workshop dates and times. City Manager LaVerriere commented July 12th ,13th, and 14th are the dates that have been set aside for the Budget Workshops. The start time for these meetings will stager to allow the public to attend. The first meeting on Monday July 12th will start at 5 p.m., the second meeting on Tuesday July 13th will start at 10 a.m. and if needed Wednesday July 13th starting at 2 p.m. Mayor Grant requested that Monday's meeting start at 5:30 p.m. to allow people to leave work and get there for the start of the meeting. There was a Commission consensus for the following dates and times: Monday July 12th at 5:30 p.m., Tuesday July 13th at 10 a.m. and if needed, Wednesday July 13th at 2 p.m. 12. Legal A. Proposed Ordinance No. 21-016 First Reading - Approve amendments to Advisory Board Ordinance amending Chapter 27, "Advisory Boards and Committees", Section 27-2 providing for selection of the Chair and Vice- Chair; and amending Section 27-22 "Definitions" to correct a scrivener's error. 16 Meeting Minutes City Commission Boynton Beach, FL May 18, 2021 Attorney Cherof read proposed Ordinance No. 21-016 into the record by title only, on First Reading. Motion Vice Mayor Hay moved to approve. Commissioner Katz seconded the motion. Michael Simon, Community Redevelopment Agency, inquired about how will this affect the boards that may have or may not have appointed Chair or Vice-Chair. Attorney Cherof replied until the Ordinance passes on second reading, the Commission still has the authority to appoint the Chair and Vice-Chair. The Commission tabled those appointments until the Ordinance passes on second reading. Under the new language of the Ordinance the boards would select the Chair and Vice-Chair and then the Commission would ratify those appointments. Clerk Gibson called the roll. The vote was 4-0. B. Proposed Ordinance No. 21-017 First Reading - Approve ordinance dissolving the Quantum Park Overlay Dependent District ("District") pursuant to Section 189.07(1), Florida Statutes, and expressing intent that the City of Boynton Beach will not assume any expenses of the District. Attorney Cherof read proposed Ordinance No. 21-017 into the record by title only, on First Reading. Commissioner Penserga stated that he has spoken to residents and HOA leaders of the Parkside Community and local businesses, particularly the breweries. The consensus was it is time for this Quantum Park Overlay Development District (QPODD) to be shut down. This district has existed for way too long, and since its assets and its maintenance has now been transferred over to the City, there is no reason to continue an extra layer of government which no one attends to, to continue paying for the secretary and a website and all of the things that QPODD does. Mayor Grant asked Commissioner Penserga if he wants to dissolve QPODD before tax rolls go out for this fiscal year. Commissioner Penserga responded yes. Mayor Grant stated he is not in favor of moving forward with that option. The City has reduced the assessment by half. In addition, when the City took over QPODD Management, there is additional costs that the City was unable to recover through FEMA because of Hurricane Irma. The breweries and the residential areas make up a third of the component of the QPODD. There is multiple rentals, multiple industrial properties 17 Meeting Minutes City Commission Boynton Beach, FL May 18, 2021 and Publix distribution, which makes up a big chunk of that. Making sure that Eco Park that QPODD has been wanting is contributing to this new park for the operation and maintenance of it. The City has determined that it is not in this year's budget to move forward with it because of the upkeep of that park is over 40 acres. That is why I'm in favor of keeping the assessment that QPODD Management has decided on. Commissioner Katz commented that at the recent QPODD Board meeting, there was a similar conversation and he agrees with Mayor Grant yet he understands Commissioner Penserga's position. It has been a weirdly satisfying and unique aspect of this job for the past five years to pursue solutions to what were gross problems with the management of QPODD, and the individuals who had been in charge of it for number of years. For the past five years, myself and the Mayor have dug into the issues with QPODD. The City called for a state investigation by the IG to help look into and pursue the violations of law and ethics that occurred. During past five years, the City has disposed of the bad actors and dramatically reduced the taxes. As the Mayor pointed out by the City acting as the board of the Quantum Park the assessment will no longer exist in one year's time. He added that he does sympathize with homeowners and the small business owners who are impacted by this tax, but by the virtue of their limited footprint in terms of acreage, the City has reduced the assessment dramatically, whereas Publix and other large entities are the ones who share the burden of the tax. Commissioner Penserga stated that he knows how important Joe Crowder Dog Park is to Commissioner Katz. Is that park exclusively funded by the residents in the surrounding area or is that park funded by everyone who enjoys the park? Commissioner Katz responded that the Joe Crowder Dog Park is funded by the Master Association. Commissioner Penserga admitted using Joe Crowder Dog Park was a bad example. He inquired if a park is to be enjoyed by everybody, why would we only assess the people who live there it makes no sense? The other solution is that the City is going to be receiving almost $15M dollars from the American Rescue plan and the City can use that for projects that are not currently in the budget. The City can use the American Rescue Plan to support Pence Park and use it for Quantum Eco Park. This way the City does not have to continue to assess these residents. Commissioner Katz stated that he understands the position. At the recent QPODD meeting, it was noted that the City will still have the opportunity in late July or early August to further reduce or eliminate the tax, if the City does receive funding for the Park. At this point in time he would vote against it unless there was a 100% guarantee that the City would be receiving funding for the Park. Commissioner Penserga commented that the City should not continue paying for an attorney, for staff, for a website and other miscellaneous things. What happens if the City does not get the funding? Do we extend the assessment for another five years? What if 18 Meeting Minutes City Commission Boynton Beach, FL May 18, 2021 the park plans change? Does the City just keep extending the assessment? At what point will this be shut down? There are too many variables and we do not even have to go down this road at all because of the American Rescue Plan. We do have funds coming to make substantial investments and we can take the tax burden off the residents. Mayor Grant responded that the City can dissolve it at the first meeting in January in 2022. That was always the plan that the final assessment would be in 2021. In addition, there is only a finite number of funds. If the money is coming from somewhere else, that means the City is not going to have the money to do other things at this point. Commissioner Penserga mentioned economic activity, parks normally do not add much economic activity unless the City is planning on putting in some sort of revenue generator there. The current passive park is not supposed to be revenue generating. Commissioner Penserga disagreed with the Mayor and stated that parks are a revenue generator, they attract people to the area and they improve property values. People are going to want to come here, especially if the City has a high-quality park. Mayor Grant inquired if this Ordinance is denied, when can it be brought back to the Commission? Commissioner Katz stated that he will commit to the current plan with understanding that there is a grant available in conjunction with the final tax revenue year. The City is in striking distance of an achievable amount that the City can cover. To the concern about extending the district beyond this current year, that is not the intention. The grant the Commission is talking about the City will know something during the course of the next year. Assistant City Manager Mack responded that the City has already applied for the grant. The award will be in October and we will know then if the City got the grant for $400k. Commissioner Katz stated that if the City does get the grant that is great. It gets the City closer to the funding of the startup costs for the park. If the City does get the grant, he is in favor of dissolving the district at that time. Mayor Grant noted that the City is not receiving the full American Rescue Plan of $15M this year. The City will receive half this year and the remaining half next year. Mayor Grant agreed with Commissioner Penserga that the American Rescue Plan could be used to fund the park. Commissioner Penserga stated he will move to approve even though he is not going to get the votes. This is an unnecessary and useless layer of government which no one attends to. The assets and the maintenance have already been transferred to the City so the residents are paying twice. Motion 19 Meeting Minutes City Commission Boynton Beach, FL May 18, 2021 Commissioner Penserga moved to approve. Vice Mayor Hay seconded the motion. Vote Clerk Gibson called the roll. The vote was 2 to 2 and the motion failed (Nay - Mayor Grant and Commissioner Katz). 13. Future Agenda Items A. First Reading of Ordinance regarding Monuments on City Property - June 1, 2021 B. Post-Session Legislative Debriefing from the City Lobbyist, Mat Forrest of Ballard Partners - June 1, 2021 C. Vice Mayor Penserga requested information regarding the rental procedures for city facilities. - June 1, 2021 D. Hear presentation from City staff on Neighborhood Traffic Calming Program - June 15, 2021 E. Approval of Lease Agreements for City Hall Innovation Space and Cafes Operators - June 15, 2021 F. Staff to provide an update on the COVID-19 Vaccine Distribution - June 15, 2021 G. Vice Mayor Penserga has requested the Commission explore ideas for new Economic Development incentive programs - June 2021 H. Discussion on options and alternatives for public meeting record archives. - June 15, 2021 I. Vice Mayor Penserga requested a discussion regarding a City Mural Program - June 2021 J. Staff to present Resolution adding reversionary language to Planning and Zoning applications. - July 6, 2021 K. Mayor Grant requested information on the water quality of canal systems within the City. Staff is requesting SFWMD to present this information - July 6, 2021 L. Staff to provide an update on the American Rescue Plan - July 6, 2021 20 Meeting Minutes City Commission Boynton Beach, FL May 18, 2021 M. Update from staff on Head Start lease options - July 20, 2021 N. Discussion on funding for expanding Wi-Fi to City parks. - Will be presented during Budget Workshops Mayor Grant requested more information on the Senior Center. City Manager LaVerriere requested clarification on what type of information regarding the Senior Center. Mayor Grant replied he received an email asking when the Senior Center would be opened. City Manager LaVerriere responded that the City is ready to open the Senior Center. Mayor Grant requested to have masks to be available at the City Commission Meetings. He also requested a feasibility study update on moving forward with arena and an update from Washington Prime. Mayor Grant asked the Commission if they wanted to spend the money on the feasibility study. Commissioner Penserga stated that he is open to hearing the update. City Manager LaVerriere stated that she would provide the cost estimate that was provided by the County and Washington Prime before Covid hit. Mayor Grant requested an update from Washington Prime and if they are still a willing partner. City Manager LaVerriere suggested to invite Washington Prime to a Commission meeting to provide an update. Mayor Grant stated that the property was rezoned in 2019 for mixed-use. If there is something he can do to move forward with the redevelopment of that parcel he would like to do it. Especially if the City has American Care Rescue Plan Funds to help out. City Manager LaVerriere stated that the original $14.9M was an estimate given by the Treasury. The actual calculation based on CDBG, the City will be receiving $13.6M. City Manager LaVerriere inquired about removing the City Mural Program from Future Agenda Items. The program has been shifted over to the Art Advisory Board. Commissioner Penserga responded that he is still interested in having a discussion on the City Mural Program. Vice Mayor Hay asked about the lighting at Oceanfront Park. 21 Meeting Minutes City Commission Boynton Beach, FL May 18, 2021 City Manager LaVerriere stated that you cannot have the lights on at night because of the sea turtles nesting. Assistant City Manager Mack commented that the City is repairing some of the lights at the Park. Vice Mayor Hay commented that it is too dark and he is concerned about the safety of the citizens. Is there something the City can do? Assistant City Manager Mack stated that boardwalk lighting had been installed in the past. The ocean environment is harsh on the infrastructure at the Park. Therefore, the City did not replace the boardwalk lighting. The City can look into an alternative. The City will need permission from the Department of Environmental Protection (D.E.P.) as there are strict guidelines that need to be followed. City Manager LaVerriere questioned why the Park was opened after dark. The City may want to review the Park hours. Assistant City Manager Mack stated that he would take a ride out there at night and see what is going on. Alan Karjalainen, stated as a reminder, a recorded version of this session would be posted to the City of Boynton Beach's YouTube channel. Links to that channel are available on the City of Boynton Beach's website at: www.Boynton-Beach.Org. This concludes tonight's meeting. 14. Adjournment There being no further business, Mayor Grant adjourned at 8:25 p.m. ATTEST: C ,,'tal Gibson, MMC City Clerk 22