Minutes 09-21-21Minutes 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, September 21, 2021, at 4:30 P.M.
Present:
Mayor Steven B. Grant
Vice Mayor Woodrow L. Hay
Commissioner Justin Katz
Commissioner Christina L. Romelus
Commissioner Ty Penserga
1. Openings
A. Call to Order — Mayor Steven B. Grant
Mayor Grant called the meeting to order at 4:30 p.m.
B. Roll Call
City Clerk Gibson called the roll. A quorum was present.
Lori LaVerriere, City Manager
James Cherof, City Attorney
Crystal Gibson, City Clerk
Closed -door session on Tuesday, September 21, 2021, beginning at 4:30 p.m., for
a private attorney-client session to discuss pending litigation in the following case:
RONALD RYAN, Plaintiff, vs. CITY OF BOYNTON BEACH, FLORIDA,
a local municipality, Defendant — Palm Beach County Circuit Court
Case Number: 502016CA007514-XXX-MB
Jim Cherof, City Attorney, announced those attending the closed -door session included
the City Commissioners, City Manager Lori LaVerriere, City Attorney James Cherof,
Assistant City Attorney Gal Betesh, and a court reporter. The session was anticipated to
last about 45 minutes. Upon return, the regular City Commission meeting shall begin.
The meeting recessed at 4:32 p.m.
Mayor Grant reconvened the meeting at 5:30 p.m.
Invocation by Pastor Randy Patterson, Seacrest Presbyterian Church
The Invocation was given by Pastor Randy Patterson of Seacrest Presbyterian
Church.
Pledge of Allegiance to the Flag led by Commissioner Katz.
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Agenda Approval:
Additions, Deletions, Corrections
Mayor Grant received an addition from Commissioner Penserga, which will be listed
under Agenda Item 5C. Since the National League of Cities Conference in Salt Lake City
was cancelled and is now a virtual conference, there will be discussion with the City
Manager to reschedule the November 15, 2021 City Commission meeting back to
Tuesday as Agenda Item 9B.
2. Adoption
Motion
Motion duly made and seconded to approve the agenda as amended. The motion passed
unanimously.
2. Other
A. Informational items by the Members of the City Commission.
Vice Mayor Hay disclosed that he had an opportunity to work with Feeding South Florida
on September 9, 2021. The 9-11 celebration was held at the Towne Square
Amphitheater. Thursday, September 16, 2021, was Yom Kippur, and his wife's birthday.
He had the pleasure of teaching a class called "The Day of Atonement", and yesterday
was his birthday.
Commissioner Romelus suggested everyone check out an informational documentary
called "Treading Point" on Netflix.
Mayor Grant disclosed that he attended the Literacy Coalition of Boynton Beach; kick-off
week is October 28, 2021. After speaking with Mr. Longwood, it was determined there is
more of a need for Affordable Housing in Boynton Beach. He also met with the American
Academy and provided a tour of the City. It was the 20th Anniversary Remembrance of 9-
11 and he received a request from Human Rights Media to talk about his speech on 9-11
where he went into the history of Afghanistan as well. On September 12, 2021, he went
to Kendall for Mexican Independence Day, and on September 15, 2021, the Downtown
Business Coalition had a meeting at the Mayor's Office at which time different upcoming
events were discussed. He encouraged small business owners to get involved and if they
can contact David Scott for more information. September 16, 2021 was Yom Kippur.
Today he was at the Palm Beach State College Campus to welcome the new Co -Host,
Van Williams. He would like to partner with them for other platforms if there is space, so
they can get more programs from Palm Beach State College in Boynton Beach.
B. Conduct Second Public Budget Hearing for FY 2021/2022 Final Millage and
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Tentative Annual Operating Budget.
Mayor Grant opened Public Comments to see if there were any questions.
James Cherof, City Attorney, read the following Proposed Resolutions:
Proposed Resolution No. R21-119 — Adopt the FINAL millage rate for the
General Fund for Fiscal Year 2021-2022.
Proposed Resolution No. R21-120 —Adopt the FINAL Budget for the General
Fund and all other funds for Fiscal Year 2021-2022.
Gary Fishman, 3504 Diane Drive, Boynton Beach, Florida, commented on the canal and
culvert issue and thought the culvert issue should be part of the Budget at some point
between the streets of Diane Drive and Southlake Drive in Boynton Beach. It appears
that the City and County could assist the State and Florida, Fish, and Wildlife to take the
required responsibility. He noted that this could be paid by the State, but they need help.
Previously, there was reference to the fact that the County was somehow involved in
trying to get this resolved, but when he spoke to the County, they did not know anything
about this. He would like to get the names Commissioner Romelus referred to the City
Attorney, who stated there were communications with the County. They want to find a
way to work with the County because they are a part of the system to drain Lake Ida.
City Attorney Cherof indicated that the canal is a separate Budget item. They listened to
Mr. Fishman's comments at the last meeting and have begun the process of reaching out
to both the State and County to see if funds are available. If available, they could be used
as a substitute or reimbursement for any assessments collected.
City Manager LaVerriere commented that she told Mr. Fishman that the City Attorney
worked with the County Attorney's Office to set up a special assessment. She stated she
would email him a list of names.
City Attorney Cherof mentioned if anyone would like documents at the end of the year,
Public Record Requests are available through the City Clerk's Office and through the
website.
Bernard Wright, current candidate for Mayor, 713 NW 2nd Street, Boynton Beach,
questioned if there was any money in the Budget for speed bumps in various areas of
District 2, especially on NW 4t" Street and NW 2nd Street. He stated there are no
sidewalks on NW 4t" Street near the school and he would appreciate if this could be
placed on the Budget, so it could be done as soon as possible.
Mayor Grant questioned if there was money in the Budget for traffic calming measures.
City Manager LaVerriere replied yes, but she did not know the number. With the new
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Drive Safe Program, she guessed it was around $40,000 or $50,000 for the calming tool.
She questioned if those areas have been reported.
Mr. Wright advised that he reported the areas in the past, but not recently. He also
mentioned marketing and commented that some type of electronic system is needed to
inform people of things, not just in District 2. His platform is talking about change for
people and bringing in the community. He suggested putting that in the Budget.
Mayor Grant thought that was an aspect the marketing budget needs to build social media
influences. The City has their own influencers in Boynton Beach and this is the 21St
Century marketing because not everyone reads the newspaper anymore. Regarding Mr.
Wright's question, he would be happy to give to businesses who are licensed in the City.
They want to make sure the City's message is being promoted and this is not limited to
District 2 events, they need to make sure they are reaching out to all Boynton influencers
to get everyone to their events.
Mr. Andres,106 NE 7t" Avenue, Boynton Beach, commented that Mr. Wright mentioned
everything they were looking for. They are an entity of Boynton Beach and are always
passing out literature; their company would like to be compensated by the City. They are
going to be on Beachwalk on September 25, 2021.
Mayor Grant questioned what Mr. Andres was trying to start up.
Mr. Andres stated they are trying to start a Jazz Peace Festival where people bring chairs
out between 6:00 p.m. to 10:00 p.m.
City Manager LaVerriere thanked Mr. Andres and noted they have had a lot of one-on-
one talks. She appreciated his work and diligence in advocating for the community.
Vice Mayor Hay told the gentlemen to keep up their good work. He was glad to see the
community, City Boynton Strong, and other organizations working together. He extended
a challenge for them to call him more often because sometimes he gets misdirection on
what is going to happen and when he shows up there is nothing there.
Ernest Mignoli, 710 NE 7t" Street, Boynton Beach, commented that after listening to a
few meetings, a lot of people are talking about crime and a City that seems to have safety
services in certain areas but not in other areas. He questioned where there was
something in the Budget for the public, the 80,000 people who live here, to be part of
some type of City Oversight Board, so they could come together and discuss what is
being done and conditions within the City. He expressed concern that there was not
enough Budget because when trying to reach Fire, Police, or the City; there is email and
no one responds. He thinks something should be funded in the Budget to the public could
have some revenue and work with the City in a way to express their concerns and reports
things the see. He suggested the Mayor and Commissioners get together and allow a
Citizen Board or Committee, so the public has a change to look at the data and get some
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help. He has done a lot of research and it has cost him a fortune; he did not think he
should be putting out money and would rather give it to charitable things, but he was
trying to help Boynton. He hoped he could be made aware there is an interest and that
there could be some money in the Budget to fund a Citizen Board or Committee.
Commissioner Katz stated there are about a dozen resident advisory boards and there
are public elections every two to three years where any resident can decide to avail
themselves in public office and sit on the dais, which is a Citizen Committee. There are
many opportunities, and he tells anyone who wants to get involved to consider the
advisory boards, but he has not heard anyone interested in getting involved. In addition,
he believed they were starting up the Citizen Patrol Academy this winter. They are taking
several Police Interceptors off the street, and he questioned if the Citizen Patrol vehicles
were upgraded as well.
Assistant City Manager Mack stated those are pre -funded, so a few are scheduled to be
replaced. He believed pre -funding was for light vehicles, but they are getting away from
big cars and looking at the possibility of electric vehicles as well.
Richard Petty, 217 North Seacrest Boulevard, Boynton Beach, mentioned funding and
questioned if there was a line item for digital inclusion. Young people have limited access
to the intereet and mobile devices, and he wanted to know if there is or could be a line
item in the Budget for inclusion.
Mayor Grant indicated this was something he would like the City to help support. He
believed there was conversation regarding that in their future agenda item on October 5,
2021, at which time the Palm Beach County School District and Education Foundation for
Palm Beach County will update the City Commission on their digital inclusion program.
As for seniors, there will be a discussion tonight regarding a Franchise Agreement with
FLSC, whereas they are hoping to provide the City with funds for non-profit. Recently,
the City has given $1,800 to Roots and Wings, so there may be a request to the City for
certain one-time events of the funds. He knows there are American Rescue Plan Funds,
and it is possible they could do that or there may be another funding road with FLSC. If
they are looking for funding, he noted the Commission would need to know the plan and
how it would be spent. He encouraged Mr. Petty to attend the October 5, 2021 meeting.
Mayor Grant questioned if the Commission wanted to hear the presentation one more
time and if there was no further discussion he asked for a motion.
Motion
Motion duly made and seconded to adopt Resolution R21-119 and that the millage rate
would be 7.8900 for Fiscal Year 2021/2022. The motion passed unanimously.
Motion duly made and seconded to adopt Resolution R21-120, which is the General
Budget for the General Fund for Fiscal Year 2021/2022. The motion passed unanimously.
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Commissioner Katz mentioned ARPA Funds and questioned if that was in an ARPA Fund
category, so the current Commission could decide to spend within the next six months.
City Manager LaVerriere stated it would be kept separate. There will be a Workshop on
November 9, 2021, to discuss upcoming projects.
Mayor Grant was aware of certain projects in this agenda as well. He stated that many
Cities, Counties, and States have done raffles and he was glad to see they were able to
give out $15,000 in gift cards to people who still have not gotten their vaccines. They
want to make sure the perception is that the vaccine is more beneficial than harmful.
A Commissioner Penserga requested staff see how well other Cities are doing and how
it is turning out.
City Manager LaVerriere thought it was a little early for statistics following up after the
initial initiatives. There is a $500 raffle for people to get their second round of shots. About
148 gift cards were given out, but the numbers are showing a little more for the vaccine.
They are going to reconcile with Community Health.
Commissioner Romelus would prefer something that would venture on the idea that there
would be five $1,000 gift cards given out; she was not comfortable with one $10,000 card.
Mayor Grant said $100,000; there are approximately 80,000 residents.
Commissioner Romelus stated she would rather use $100,000 for building Affordable
Housing or something else; she would not be okay giving $100,000 because they want
people to get vaccinated. She was alright with doing small increments, perhaps $500 or
$1,000, which would accomplish the same thing, that is to create positive funds so people
would encourage others.
Mayor Grant understood and stated it was not just for people who have not got their
vaccines, it is for people who have gotten their vaccines.
City Manager LaVerriere commented that ideas of that data for the Workshop are needed
as to what other Cities are doing, so there can be discussion about prioritizing where the
Commission wants to head with some of the projects. She indicated that the conversation
on Saturday was interesting in talking with different individuals as to why they came in
and what $100 means to them.
Vice Mayor Hay agreed with everything said, but he acknowledged Eleanor, who was
there from early morning through the whole day on Saturday with staff.
City Manager LaVerriere commented that she would like to give kudos to people not just
by name and not just to Eleanor and her staff, which would include Dora and Chelsea,
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the Finance Director and Deputy Director were not letting those gift cards get in anyone
else's hands and they were there ten hours on Saturday to make sure the gift cards were
distributed. There was quite a bit of staff, Recreation, Police, and others.
3. Announcements, Community and Special Events and Presentations
A. Announcement by Laura Lansburgh, Assistant Director of Marketing &
Events, of the winner of the Guess the Census promotion.
Laura Lansburgh, Assistant Director of Marketing & Events, announced the winner of
the City's Guess the Consensus promotion. To increase awareness and response rates
in the 2020 Census last fall, the City created a Guess Census promotion. Community
members were invited to submit a guess as to what the City of Boynton Beaches
population would be as determined by the 2020 Census; 125 entries were submitted.
As of September 15, 2021, the new City of Boynton Beach population is 80,308. The
winning guess was 80,342, just 38 away from the actual population. Mr. McClain
Thompson was present to accept his prizes. Congratulations were offered.
McClain Thompson expressed thanks to everyone.
Ms. Lansburgh commented that Mayor Grant was also close, guessing 80,307.
Ms. Lansburgh announced a monthly Concert Series, which will be held in Centennial
Park and Amphitheater on the first Friday at 5:00 p.m. The first series is scheduled for
Friday, October 1, 2021, at 5:00 p.m. and Audio Tramp, a four -piece classic rock band
based in South Florida will perform. Local food and beverage food and truck trucks will
be available for patrons. The event is free of charge and will end at 8:00 p.m. Public
parking is available on the street and parking lots. Everyone is encouraged to bring
chairs and blankets.
Commissioner Romelus questioned if food trucks would be there and if the different food
truck vendors are being publicized.
Ms. Lansburgh stated food trucks would be there; so far two have been booked and
there may be more. Food truck vendors are being publicized and they will change each
Concert Series.
B. Proclaim the month of September as Deaf Awareness Month. Proclamation
will be accepted by Lance Fischer, President of South Florida Deaf Senior
Citizens, Inc.
Mayor Grant read the Proclamation into the record.
Stephanie Soplop, ADA Coordinator, thanked everyone.
Janice Pickron, ITS Department, thanked the Mayor and Commission and stated that
the ITS team has made her feel quite welcome and equal. Tools needed are provided
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as well as interpreters, assisted technology devices, different apps, and everything
available to break down barriers she faces every day. She also thanked Debbie Major
and Beth Wagmeister, who came together to make this happen for her.
Myrna Aiello, Vice President of South Florida Deaf Senior Citizens (SFDSC) accepted
the Proclamation. She was impressed at how many people and friends were present.
She is also involved with the Support Team. She thanked everyone for this Proclamation
and for the continuous commitment for the deaf community in Florida. She shared a
little history about their new Foundation. They have several goals and want to work
together and collaborate as a team, working with local County and State Governments
to utilize services and to improve the quality of life for the deaf senior citizens. She
mentioned another body they sit at, which is the CRA, where they also need to be
inclusive. She noted that interpretation services were recently added in their Budget.
Mayor Grant thanked Ms. Wagmeister for introducing him. It is always exciting to see
them on social media because this is when they have an opportunity to be more a part
of the community. He was glad they were moving in the right direction for the
inclusiveness because they want to make sure everyone is involved in their government
because government is involved with everyone.
C. Proclaim September 21St as World Alzheimer's Day. Proclamation will be
accepted by Keith Gibson, Director of Programs for Alzheimer's Association
Southeast Florida Chapter.
Mayor Grant read the Proclamation into the record.
Keith Gibson accepted the Proclamation and thanked the City of Boynton Beach.
Lori LaVerriere, City Manager, announced a theme for Walk to End Alzheimer's, which
will be in October. An email was sent to the Mayor and Commission about that event.
D. Proclaim September 15 — October 15, 2021 as Hispanic Heritage Month.
Patricia Trejo, Administrative Planner for Hispanic/Latino Studies, Palm
Beach Schools, will accept the proclamation.
Mayor Grant read the Proclamation into the record.
It was noted that Ms. Trejo was unable to attend.
E. Announce the City of Boynton Beach's upcoming tree planting events on
September 25 & 26, 2021 in partnership with Community Greening.
Rebecca Harvey, Sustainability Coordinator, indicated that the City has contracted with
Community Greening, a local urban forestry non-profit, to coordinate tree planting events
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in parks and public lands throughout the City. The City's goal was adopted by the
Commission in September 2020 to increase tree canopies across the City and to realize
the many benefits trees provide for the community including shade, energy savings,
urban heat reduction, walkable neighborhoods, increased property values, and the
reduction of air pollution and harmful global warming pollution. She announced two
upcoming tree planting events the City and community are hosting this weekend. On
Saturday, September 25, 2021, from 9:00 a.m. to 11:30 a.m., they will be planting trees
at Derickson Park and Heritage Park. Volunteers will meet at 9:00 a.m. at Derickson
Park on NW 9t" Court. On Sunday, September 26, 2021, from 9:00 a.m. to 11:30 a.m.
they will be planting along the SE 4t" Street median and volunteers will meet at Pence
Park, 600 SE 4t" Street. She acknowledged the Boynton Beach CRA and mentioned
the cost of trees and materials for planting within the CRA area. Residents can find
details to register and volunteer on the City's Event Calendar at Boynton.Beach.org.
Waneya Bryant, Director of Public Works, was introduced. It was noted that he worked
for the City in 2014, left for a while, and has returned.
Ms. Bryant was happy to be back.
Mayor Grant stated he was going to request a tour because he would like to see Ms.
Bryant's perspective of what it was in 2014 to where they are now.
4. Public Audience
Individual Speakers Will Be Limited To 3 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)
Ralph Louis, with the HATT Foundation, 310 East Ocean Boulevard, Boynton Beach,
announced their Turkey give -way on November 20, 2021, and asked if they could host
their event at the City's amphitheater. In 2019, prior to the pandemic, they were able to
feed over 10,000 families.
Commissioner Penserga questioned Mr. Louis' background and why this is his passion.
Mr. Louis stated he was raised by a single mother who struggled, so he became very
passionate about this. He did not have an easy upbringing and understands those
children, so whenever it comes to community projects that either help feeding or having
role models, he tries to take part. If a few people can be role models, especially in the
minority, he wants to be one to show the children there is hope and some type of life
they can look forward to and that they do not have to follow bad things to be cool.
Vice Mayor Hay thanked Mr. Louis for everything he is doing. He wants to be more
involved and told him to contact the City. He would like to meet and talk one on one.
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Mayor Grant commented that he would put the amphitheater on his calendar for
November 20, 2021. The issue is that they do not want to give the amphitheater for free
because everyone will want it for free. In the past, they have matched certain funds,
and maybe that is something they can plan for in the future.
Ernest Mignoli, 710 NE 7t" Street, Boynton Beach, mentioned that the past few
meetings were recorded and were relative to after the June 24, 2021 collapse in Surfside
and with everything going on, he was told by this dais there was nothing this municipality
could do. He received a call from the Press, and they told him to contact Boca Raton
because they created a building inspection ordinance, which is very lengthy. He sent
the request to the Mayor and Commission, and no one responded, not even the City
Attorney. The ordinance is strict and was enacted immediately. No matter what he
reports about his building, he is told there is nothing they can do. He is trying to file
complaints against the City Attorney, the Mayor and Commission, forgoing on the record
saying there is nothing a municipality can do to help people after June 24, 2021, when
they are all petrified.
Mayor Grant indicated there are a lot of statements regarding buildings and children.
Boca Raton, out of the other 400 municipalities in Florida, enacted their own ordinance.
He questioned how many of the other 400 municipalities enacted ordinances. The
aspect is that their Building Department is working with the County, the League of Cities,
and other municipalities. Boca Raton took it upon themselves to create very restrictive
language regarding their buildings. There is one community on the ocean, St. Andrews
Club, and multi -family east of Federal Highway in flood zones; however, they are not in
the same position as Boca Raton, South Palm Beach, Delray Beach, and Highland
Beaches, so they are doing what they can. According to Mr. Mignoli, his building is four
stories, collapsing, and sinking into the ground, and there is a Board of Directors he has
not filed suit against for doing their jobs. There is a limit of what can be done according
to the Judicial proffer. If Mr. Mignoli felt the Board of Directions was not doing their job,
he has the option to go against them. As a City, they cannot go against the Board of
Directors. He believed their Building Department has gone out to the complex multiple
times and according to their law, he believes he was correct. He questioned if there was
anything more they could do regarding that project.
It was not believed there was anything more the Building Department could do at this
point. Palm Beach County has a long history of trying to do things in a systematic way
and the Building Officials here have that as well. The County is trying to do this in an
organized way instead of each municipality having different codes. Having a unified
system helps everyone stay on the same page.
City Manager LaVerriere commented that the directive is complete, and they will be
learning more tomorrow at the League of Cities. It is on a future agenda as a CDD
because they are waiting to hear where they are going with it and then it will be brought
forward to the Commission.
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Mayor Grant stated ever since they heard about the crash on June 24, 2021, they have
been working to make sure City structures are safe. He mentioned Condo Associations
and questioned if they have the authority to make repairs to buildings. He also
questioned if they could tell an Association their structure is unsafe and uninhabitable.
City Attorney Cherof replied that they do not. The Building Official has those powers
under Florida Law; however, those are not derived from the City Charter or Code, they
are independent. The City Commission and City Manager do not direct or limit the
Building Official for fulfilling statutory responsibilities. Currently, their Building Official
says the building is habitable.
Mayor Grant indicated that until there is other information, that is where they are at.
They are looking to make changes, so they can do something. They want to make sure
they are in step with all the other 38 municipalities in Palm Beach County. They
understand that Boca Raton wanted to be first in the State of Florida, and they can
change their ordinance if they wish, but we can be more restrictive than the County.
There were no other speakers.
5. Administrative
A. Appointment of eligible members of the community to serve in vacant
positions on City advisory boards.
A motion was moved and duly seconded to nominate Cynthia Alexis to the Art Advisory
Board. The motion passed unanimously.
A motion was moved by Mayor Grant to nominate Troy Joseph to the not-for-profit
provider of Affordable Housing, seconded by Commissioner Romelus. The motion
passed unanimously.
B. Approve the request of Commissioner Justin Katz to distribute $2,000 of his
Community Support Funds to the HATT Foundation.
A motion was moved and duly seconded to approve Commissioner Katz to distribute
$2,000 of his Community Support Funds to the HATT Foundation.
C. Approve the request of three allocations from Commissioner Ty Penserga to
distribute $2,000 of his Community Support Funds; $500 to Boynton Strong
Community Outreach, $500 to the Boynton Beach Bulldogs, and $1,000 to
Citrus Cove Elementary School for their Musical Theater Program.
A motion was moved and duly seconded to approve Commissioner Penserga to distribute
$2,000 of his Community Support Funds. The motion passed unanimously.
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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 the accompanying material to become a part of the Public Record and subject
to staff comments.
A. Approve the recommendation of the Evaluation Committee and authorize staff
to conduct negotiations with the first ranked firm, PCL Construction, Inc. of
Tampa, FL and establish contracts in accordance with the Request for
Qualifications (RFQ) No. 013-2821-21/TP for Lift Station 317 Major Upgrade
Progressive Design Build and Florida Statute 287.055, Consultants' Competitive
Negotiation Act (CCNA). At the completion of each phase of the negotiations,
the contracts will be brought back to the Commission for approval.
B. Proposed Resolution No. R21-121 - Authorize the Mayor to sign the
application and agreement for Library State Aid to Public Libraries Grant for FY
2021-2022.
C. Approve the updated Library Long Range Plan for FY2021-2026.
Mayor Grant commented that he was excited about the technology, their creative edge,
and what it is going to do to many generations using it. Regarding the replacement
desktop PC and laptop, he would like to see them donated as part of the additional
inclusion to the community.
D. Proposed Resolution No. R21-122 - Approve the expenditure of $58,780.75
and authorize the City Manager to sign the support service proposal with AVI-
SPL.
E. Proposed Resolution No. R21-123 - Authorize the City Manager to sign all
documents associated with the acceptance and subcontract agreement for the
Florida Department of Transportation (FDOT) Florida Bicycle Pedestrian
Focused Initiative: Communication and High Visibility Enforcement grant subject
to the approval of the City Attorney.
F. Approve the one-year extension for RFPs/Bids and/ or piggybacks for the
procurement of services and/or commodities under $100,000 as described in
the written report for September 17, 2021 - "Request for Extensions and/or
Piggybacks."
G. Accept the written report to the Commission for purchases over $10,000 for the
month of August 2021.
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Mayor Grant mentioned that K9 Officer Iro had lung cancer and had to be euthanized last
month, so a new K9 was purchased for the K9 Unit. He wants to know if the City is
planning to do any sort of Memorial Tree for K9 Officer Iro.
City Manager LaVerriere stated the Police Department had a program for him. They
shared a video of the service; it was a full service since a K9 is considered an Officer.
Deputy Chief Vanessa Snow stated they do not have a Public Memorial planned the
future. They posted the Memorial. The new K9 is currently in the training process, and
they look forward to introducing him.
H. Proposed Resolution No. R21-124 - Ratification by the City Commission of the
Boynton Beach Community Redevelopment Agency (CRA) annual budget for
fiscal year 2021-2022.
Proposed Resolution No. R21-125 - Ratify the Quantum Park Overlay
Dependent District annual budget for FY 2021-2022.
J. Proposed Resolution No. R21-126 -Approve and authorize the City Manager
to sign an Interlocal Agreement for an Emergency Medical Services (EMS)
Grant to Boynton Beach Fire Rescue in an amount not to exceed $20,279.74 to
reimburse the City for the purchase of 20 computer tablets.
K. Proposed Resolution No. R21-127 - Authorize the City Manager to sign a
Payment Processing Agreement with CSG Forte Payments, Inc. to serve as the
payment gateway for collecting on-line payments through SagesGov for
Development Department permitting services.
L. Proposed Resolution No. 21-128 - Approve transmittal of the City of Boynton
Beach State Housing Initiative Partnership (SHIP) Program Annual Report for
FY2018-2019 and authorize the Mayor to sign the corresponding Local Housing
Certification.
M. Proposed Resolution No. R21-129 - Approve the Memorandum of
Understanding (MOU) between the IAFF Local 1891 Boynton Beach Firefighters
and the City regarding Covid-19 policies and practices.
N. Proposed Resolution No. R21-130 - Approve the Memorandum of
Understanding (MOU) between the City and the PBA Police Officers and
Detectives and the Police Sergeants bargaining units regarding Covid-19
policies and practices.
O. Proposed Resolution No. R21-131 - Authorize the use of American Rescue
Plan Act of 2021 funds (ARPA) up to $75,000 and authorize the City Manager
to sign an agreement with Pathways to Prosperity to administer Palm Beach
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County's Application Process of Emergency Rental, Utility, and Relocation
Motion
A motion was moved and seconded by Commissioner Romelus, to approve the Consent
Agenda. The motion passed unanimously.
Commissioner Penserga requested reconsideration or discussion of Item 60. It says the
Resolution is to support a partnership with Pathways to Prosperity to administer
Emergency Rental, Utility, and Relocation system. He questioned a description of what
the City is doing for the residents.
Lori LaVerriere, City Manager, stated that in terms of getting rental assistance, they
reached out to the Talley System. The process and rules allow the government to get the
money out. The County has a good strong program going and they are talking about
doing something with the Talley System with the ARPA money. They said not to use our
money, that they have plenty of money out of the ARPA and other sources for their
program, but the help they need is getting it into the community. They reached out to a
variety of non -profits in the Country to get them into their system and they processed
applications for members in their community, so it is a closer touch. Pathways to
Prosperity has that relationship with the County and they want to add an individual, so
their ARPA funding would pay for one more position that Pathways to Prosperity would
hire to continue to processing applications for people in Boynton Beach.
John Durgan, Economic Development Manager, stated that Palm Beach County has five
local locations throughout the County and the only one located in Boynton Beach is
Pathways to Prosperity, which is helping residents administer their applications with
supporting documents. It is a difficult process if someone does not have internet access
or if someone is having a hard time locating the documents. Pathways to Prosperity is
providing a full-time position solely dedicated to helping residents apply for rental
assistance funding, which came from Palm Beach County Emergency Assistance Rental
Program, which is a program from the Federal Government. They have a lot of money to
give out, strictly for rental and utility assistance, and he has been working with Ms. Bush
to see what the options were, and the County came up with the best way for the City to
assist, which would be to provide the additional assistance. They are inundated with
questions from the time they arrive to the time they leave, so having that second position
would be an asset to get as much money out as possible. The last time they spoke to
the County, Boynton Beach was ranked #2 in the County with the number of applications
coming in from residents. They see the demand as rather large, and they are hoping with
new provisions they would be able to process the additional applications.
Mayor Grant questioned if equipment was needed on a mobile basis, having almost like
a mobile office to do scanning, upload documents, and to do a wi-fi hotspot rather than
families going to Pathways to Prosperity and not having all the documents. He noted
Pathways to Prosperity are going to homes and individuals directly on an as needed
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basis. Last time he spoke with one of the residents, it was stated that it was extremely
difficult for families to be a part of this County program because there are multiple things
and locations and if someone did not get one document needed, they had to go home,
find, it and do it all over again. He hoped that on days when person is not in the office
that they are working 40 hours a week helping people through the mobile site process,
since they are paying for a full-time position.
City Manager LaVerriere, indicated they were looking at trying to identify space at Art at
Carolyn Sims Center to have them go to the Pathway to Prosperity office. She brings her
mobile bus to Heffner on Wednesdays to process applications. She did not know that
going door to door into people's homes was the best way, but if someone did not have a
document it was alright for them to go home and bring it back; they will shuffle them
through the process.
Mayor Grant mentioned Health for Boynton Beach and noted that sometimes they travel
outside the house; it is an all -day event. They would like to see what the City needs to
make sure the person they are paying the salary for has resources and the ability to go
to people's homes because he did not want to see that the person is being paid and the
work needed was not getting done.
City Manager LaVerriere stated perhaps they could discuss an appointment system if
someone calls. There are liability issues.
Mayor Grant was alright with approving this now; however, he would like more information
from Pathways to Prosperity as to what they are doing working with the County, so if
anything else is unknown, they can help with local non -profits. If the mobile site is not
working, they may be able to find another non-profit to help with transportation and help
look for the documents.
David Scott, Director of Economic Development, stated advised they had conversations
with the County and their program is County -wide; they are first come, first serve. They
need to get into the community because community members were going out trying to
find a County location and were getting lost or did not have the right documentation. They
heard about the transportation issue and by planting this position immediately in the
community, they would not have far to go. Experts would be there who know what
documentation is required, so they would bring that together and make sure the right
documentation gets directly into the County system.
City Manager LaVerriere thought the point Mayor Grant was trying to make was that this
is one step in the right direction in terms of having someone who is more localized. There
still needs to be outreach because so many people do not know where to find documents.
She wants to understand the outreach efforts being implemented to make sure people
are aware of this program. She is waiting to hear outreach efforts to justify this expense
because they are being given this money with the express intention to give it to families
in need.
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Mr. Scott stated they had a full communication strategy, which is included in things like
the water bill, so upon approval, they would move forward with that outreach tactic. They
also use social media and the website. They plan to use different languages and will
enhance that communication as well.
City Manager LaVerriere emphasized that many community members and residents,
especially those from other cultures and backgrounds, do not read, so when putting an
insert into the water bill, they look at the bill and throw everything else out. There must
be people at their churches who speak their language who would be able to do outreach
to the Pastors, tell them about the program, and ask them to tell their parishioners about
it. There needs to be people who can reach radio stations and have a segment on the
airwhere people can dial a number. These residents are not going to be reached through
social media or by a mail insert in the water bill; it must be very basic; technology is not
going to work.
Mayor Grant questioned if this is a full year salary for someone and what happens if the
money runs out after six months.
Mr. Durgan stated in their agreement with Pathways to Prosperity, the end date for this
provision is when all the money from the County is allocated. He advised that the
Commission wants an update from Pathways to Prosperity, they want to see the person
hired, and they want to hear how they are going to reach out to all aspects of the
community.
Mr. Scott stated they are using the same process heard through the ARPA, which is
getting into the community through churches.
City Manager LaVerriere told them to use her as a resource when it comes to
communicating with communities. It is not that the community members and residents
do not want the information, sometimes literacy is an issue.
Kemberly Bush, Executive Director of Pathways to Prosperity, did not have answers to
all the questions asked, but in response to the support position in Boynton Beach,
Pathways to Prosperity has been in this community for 11 years and 90% of their clients
are Haitian Creole, so they do respect population as well as African Americans, and
getting them to come forward. As far as the ARPA Funds are concerned, they have been
successful at getting applications processed. As far as the language barrier, they figure
it out, they know how to communicate because they have figured it out over the years
and there is staff who speak Creole and Spanish. She did not have a vision of going into
someone's home, but they are able to tell people exactly what they need to bring so they
are able to get the applications processed. They are communicating with the landlords
to have them fill out their paperwork. By adding another individual, more applications
would be processed and more families in Boynton Beach would be serviced. As of Friday,
she believed they helped 39 families in Boynton Beach with rental support, and she was
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talking about months of support; these families have received between $10,000 and
$20,000 and more from the County. They welcome support from the City to be able to
market to more community members. They hired Boynton Strong, and they did door
hangers for the vaccines. This is not the only time they will come before the Commission
with a project. Perhaps people can help them go door to door with information and the
ARPA money can be used to do that.
City Manager LaVerriere wanted to have the confidence that what she was thinking, and
the barriers were already being thought of by their entity and organization.
Mayor Grant stated many individuals live in apartment complexes along Congress, so
that is something they need to work on.
Ms. Bush stated property managers are putting information out through their
communication system.
7. Consent Bids and Purchases Over $100,000
A. Proposed Resolution No. R21-132 - Approve the renewal of property,
casualty, and workers' compensation insurance coverage with Florida Municipal
Trust (FMIT) and authorize City Manager to sign all required documents for the
term of the policy: October 1, 2021 through September 30, 2022.
Vice Mayor Hay questioned how much the expected cost would be for Item 7A.
Julie Oldbury, Director of Human Resources and Risk Management, advised the cost
would be $1,030,067, which is about an 8.6% increase over last year.
B. Approve piggyback of Volusia County Contract # 18-B-43AK with Boundtree
Medical for the City's medical supplies on an as needed basis with an estimated
annual purchase of $130,000 and authorize the City Manager to sign an
agreement. The Volusia County procurement process satisfies the City's
competitive bid requirements.
C. Approve the one-year extension for RFPs/Bids and/ or piggybacks for the
procurement of services and/or commodities as described in the written report
for September 17, 2021 - "Request for Extensions and/or Piggybacks Over
$100,000."
D. Approve an additional expenditure of $19,000 with IXOM Water Care, Inc.
utilizing Palm Beach County's sole source contract SS150985 to purchase MIEX
resin bringing the not to exceed amount for this fiscal year up to $349,585.00.
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4T,1511=11
Motion moved and seconded by Vice Mayor Hay to approve all items under Consent
Bids and Purchases over $100,000. 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
A. Discuss a date and time to hold a City Commission Workshop to review the first
draft of the spending plan for the expenditure of ARPA funds.
City Manager LaVerriere did not think this was the perfect time; she wanted to make sure
they could get ample public input in a healthy debate from community members who may
want to offer suggestions on how to spend the ARPA funds. She did not think a Tuesday
at 3:0 p.m. timeframe was the best time. Perhaps the fourth Tuesday of the month at
6:00 p.m. or 6:30 p.m., so residents could participate.
Mayor Grant commented that most communities have Friday afternoons available. He
thought if they wanted to get the most participation, an opportunity to speak might be on
a Saturday or Sunday.
City Manager LaVerriere stated that she was considering most people would not want to
come and talk about this on a Friday.
City Manager LaVerriere indicated that as long as the time was close to 5:00 p.m., that
was what mattered most to her. She preferred the meeting not be held on a Friday or a
weekend; Monday through Thursday after 5:00 p.m. would be best. The intention of this
Workshop was to have a preliminary report on the outreach they would have
accomplished. It was not intended to be a public outreach session and that is why it was
scheduled prior to the CRA for an hour and a half to two hours. This is going to be one
of many discussions of how this money is going to be spent; they will not be talking about
earmarking or allocating the $6 million to any specific thing.
Commissioner Romelus questioned if City Manager LaVerriere was saying there would
be community input workshops that have already been done prior to this.
City Manager LaVerriere clarified that two or three are scheduled and then the non-profit
stakeholder workshop. They want to collate what they have to date, and then would
probably do something similar within the next six months.
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Commissioner Romelus commented that it would be more of a comprehensive report of
what has been gathered. She thought this was more of a public input.
City Manager LaVerriere stated they want direction from the standpoint of priorities where
they can start spending time drilling down in certain areas or with the thoughts they have.
Vice Mayor Hay questioned when public input meetings from the community are planned.
City Manager LaVerriere believed they would be done in many formats and many times.
David Scott, Director of Economic Development and Strategies, advised that the first
public meeting is scheduled for September 30, 2021, and he will send the other dates.
The dates were clarified as September 30, 2021 at 6:00 p.m. in the Commission
Chambers; the meeting will be a hybrid, so it will be in-person and virtual. The second
meeting will be Thursday, October 28, 2021 at Fire Station 3, and will be in-person only.
A non-profit will be scheduled, which will be more of a listening session, on October 21,
2021 at 6:00 p.m. in the Commission Chambers, which will be a hybrid meeting as well.
Mr. Scott indicated that input has been received from their public survey as well as from
emails, the website, Facebook, and social medial. Over 160 responses have been
received that are suggestions from the public, non -profits, and staff. All that was pulled
together under five different categories with ARPA, and they would like to present that to
the Commission to get their thoughts and ideas as to how they should put this framework
together and to get direction as to where to go. If there is specific direction from the
Commission, another Commission meeting could be scheduled that would codify any
specific projects to be identified. That would be an opportunity for additional public input
at that time.
Vice Mayor Hay questioned if those meetings would be an hour and a half to two hours.
He commented that he understood the meetings would be on September 30, 2021,
October 21, 2021, and October 28, 2021.
City Manager LaVerriere clarified that those meetings are for public input. Since the
National League of Cities has been changed to a virtual meeting, perhaps the
Commission could come in prior to the Commission meeting on September 16, 2021.
Mayor Grant advised that he would not like 3:30 p.m. to midnight. He suggested having
the meeting on Monday, September 15, 2021.
City Manager LaVerriere questioned if the Commission wanted to do a separate
Workshop.
Mayor Grant stated if a short meeting were scheduled for September 16, 2021, that might
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work best. He thought they could have the Workshop between 3:00 p.m. and 5:00 p.m.
and the City Commission meeting at 5:30 p.m.
Motion
A motion was moved by Commissioner Romelus to approve the Workshop for November
16, 2021, between 3:00 p.m. and 5:00 p.m., then the City Commission meeting at 5:30
p.m., seconded by Vice Mayor Hay. Motion passed unanimously.
B. Discussion regarding moving the November 15, 2021 meeting back to Tuesday,
November 16, 2021 due to the National League of Cities Conference being
changed to online only.
Motion
A motion was moved and seconded by Vice Mayor Hay to move the November 15, 2021
meeting to November 16, 2021. Motion passed unanimously.
10. Unfinished Business
Mayor Grant requested a motion to remove from the table.
Motion
A motion was moved and duly seconded to remove Item 1OA from the table. Motion
passed unanimously.
A. Proposed Resolution No. R21-114 - Approve and authorize a second
addendum to the Franchise Agreement with FLSC, LLC., for a textile recycling
program and designate an allocation and use of funds policy for this contract.
(Tabled from the September 8, 2021 City Commission Meeting.)
Mayor Grant recalled an RFP -Q was out for this type of Franchise Agreement. There
were some issues regarding the vendor making payments and they concluded with the
vendor for payments, but at a reduced rate. In addition, the contract is currently expired,
and he was not as happy as he was with the first RFP -Q that came out three years ago.
He would like to have a conversation with the vendor because there is a new
Sustainability Department, and he would like to see what could be done to help recycle
more in this community.
Mark Douglas with Florida Textile Recycling, (FLSC), stated they have had several
conversations with Mara and Adam as far as extending the program and putting out more
bins throughout the City. This past week they submitted five new applications and sent
out their salesperson, who visited several businesses within the City. They went over
additional locations, which have been submitted to Adam's office for approval and
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assuming those go well, they would like to put those out immediately. They are going to
expand the program. There were some challenges due to Covid and before that, with
getting locations approved. They would like to put more bins out and recycle more
merchandise in the City of Boynton Beach because that is the way they generate
additional revenue and can afford to pay the City additional fees.
Mayor Grant would like the City to have a partnership with Florida Textile Recycling, as
part of their Bill Green Initiative. He questioned how the Sustainability Department could
help advertise the recycling component. He also questioned what should be done with
old appliances that are not broken, or with electronics and other things that still have uses
for other people. He asked if their business was moving toward any other types of
recyclables or if they were sticking with only textiles.
Mr. Douglas indicated they mainly handle textiles; they are not equipped to handle
electronics and things like that because they do not have a way to dispose of those in the
proper way. It is not something they are able to handle, and they do not have the
personnel nor the avenues to dispose of that stuff.
Mayor Grant stated his concern was because there are other vendors who have that
capability. He did not know how the Commission felt about doing another three-year
agreement, but he would like to do a one-year agreement at the minimum to see if the
City could do an RFP -Q because he feels it is in their best interest to recycle as much of
the products rather than putting them out for bulk.
Mr. Douglas mentioned they have a contract with the Town of Davie, and they have a
contract with a separate vendor that does something with electronics. They have bulk
drop-offs for electronic items, shredding paper, and other things; those are all separate
vendors.
Mayor Grant thanked Mr. Douglas for the information. He thought another RFP -Q was
not necessary if they are all separate vendors and was alright with a three-year extension.
He requested that any available information be forwarded to him, so they could see if they
could piggyback and hopefully recycle more through the City.
Mr. Douglas stated he would reach out to the Town of Davie to get the name of the vendor
and any contact information, and from other Cities they partner with as well.
Commissioner Katz questioned the monthly agreement for bin rates and if that was
monthly or annually.
Mara Frederiksen, Finance Director, stated the original contract was in 2000 and the
rates were maintained, they just reduced the number of bins. The $175 x 12 is with the
cpi increase, so they are at $21.01 per bin.
Mayor Grant mentioned there were certain trucks for certain events. He mentioned the
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Pirate Fest is coming up and he would like to see if there was an ability to either recycle
or reuse old Halloween costumes. They are working with the CRA, but he would like them
to come to one of the Music Fests, etc., so people know what to do with their old clothes.
Mr. Douglas stated they would like to participate in City events and help promote them as
well to make them successful. If they can promote on any brochures or communications
from the City, they would make sure they have a truck and personnel there to accept
clothing.
Motion
A motion was moved and duly seconded to approve the extension of the Franchise
Agreement with Florida Textile Recycling for three years. Motion passed unanimously.
11. New Business
A. Proposed Resolution No. R21-133 -Authorizing the City to set rates, fees and
charges for Water, Wastewater, Stormwater, Reuse Water, and District Energy
Chilled Water for the upcoming Fiscal Year 2021-22.
Waneya Bryant, Manager of Utility Administration, provided a brief presentation and the
following was highlighted:
• Based on their analysis, they are recommending holding rate levels for water and
chilled water with a 2% increase in wastewater, 2 cents for a 1,000 -gallon rise
frequent use, and a 50 -cent increase in stormwater fees.
• The table shows the 2% increase in wastewater rates with monthly charges and
the cost for each 1,000 -gallons of metered water flow.
• The 50 -cent increase is shown for stormwater and 2 cents for a 1,000 -gallon
increase in reclaimed water rates.
• The impact of rate adjustments of a typical customer's bill. Changes to various
customer bills based on a proposed rate. A single-family home with water, sewer,
and stormwater will increase if they are inside the City limits by $1 per month. For
anyone outside the City that does not have stormwater, there will be an increase
by 51 cents on average.
• The water and wastewater rate comparison and how they stack up against 13 other
house water utility providers was shown. For someone using 10,000 gallons of
water is $104 per month while Boynton is projected at $77 per month.
Motion
A motion was moved by Vice Mayor Hay to approve rates, fees and charges for Water,
Wastewater, Stormwater, Reuse Water, and District Energy Chilled Water for the
upcoming Fiscal Year 2021-22, seconded by Commissioner Romelus. Motion passed
unanimously.
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B. Consider and approve authorizing use of American Rescue Plan Act (ARPA)
funds to provide a monetary incentive of $500.00 to each City employee who is
fully vaccinated on or by November 15, 2021, for an approximate cost of
$400,000.00. This incentive is subject to collective bargaining.
Mayor Grant questioned if this included part-time employees and Commissioners.
City Attorney Cherof stated Commissioners are not employees, so the scope would have
to be changed if desired.
Mayor Grant commented that if anyone wanted to allow the Mayor and Commissioners
to get the $500 was fine, if they wanted to give them $100, that was fine, or if they wanted
to say the City pays them enough to be there. Getting a vaccine is an individual medical
decision, so if no one wants to respond as to whether they have received a vaccine or
not is their choice.
Commissioner Penserga stated that he was not interested in the $500; it was his
understanding the intent was for employees.
Vice Mayor Hay thought Commissioners reserve the right to know since they are in close
contact. It is a personal thing, but they are putting the burden on employees to reveal,
and they should be no different even though they may not get paid.
Commissioner Katz had no problem saying he got the shot the first day it was available.
City Manager LaVerriere, advised this would apply to all employees from day one who
took the responsibility to get vaccinated. November 15, 2021 is the deadline to be fully
vaccinated and she will put a copy of the vaccine card on file with HR and Finance would
take it from there.
Mayor Grant was glad they were making the decision to make sure all employees have
the full incentive to get vaccinated.
Ernest Mignoli, 710 NE 7t" Street, Boynton Beach, stated that he could not hear anything
said while sitting in the back. He commented that they are talking about a half million
dollars and questioned who is getting the $500 and how many employees there are.
Mayor Grant stated there are roughly 800 employees and the maximum cost would be
$400,000.
Mr. Mignoli questioned if this is approved tonight, an employee has been vaccinated or is
getting vaccinated would get $500. He also questioned if 600 of the 800 employees
already vaccinated would get the $500.
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Mayor Grant replied if employees are vaccinated by the date in question. The cost for 600
employees already vaccinated would be $300,000. He stated no one would sign a
Collective Bargaining Agreement stating that people who took the incentive to already get
the vaccine were denied the financial incentive that people who have waited will receive.
Mr. Mignoli commented that many Firefighters and Police do not want the vaccine and do
not want to wear masks. It is believed this incentive is going to get all the Firefighters and
their Unions to line up and get a vaccine when they have already been exposing the public
for over a year. He questioned if the taxpayers were paying the $500.
Mayor Grant stated the Federal Government provided Covid Relief Funds and this is an
acceptable use as defined by the Federal Government and Congress; whether people
get the vaccine or not is their prerogative, they are incentivizing people to get it.
Mr. Mignoli questioned if this Federal money is allotted for employees only or if it could
be for anyone in Boynton Beach.
Mayor Grant said he was trying to have a $100,000 raffle for everyone who has already
gotten the vaccine; however, they need two other Commissioners to agree to that. He
feels everyone in the City of Boynton Beach should be entitled to some funds for getting
a vaccine.
Mr. Mignoli, as a taxpayer, would say that the $400,000 should not go to any employees
in the City, they already have a good job. He suggested giving the money to the 17% of
Boynton Beach, which is almost 18,000 people, who live under poverty level.
Commissioner Katz stated there was a program this past weekend.
Motion
A motion was moved and duly seconded to approve the use of American Rescue Plan
Act (ARPA) funds to provide a monetary incentive of $500 to each City employee who is
fully vaccinated on or by November 15, 2021, for an approximate cost of $400,000.
Motion passed unanimously.
C. Discussion on amending the disposition process for Real Property owned by the
City.
Andrew Mack, Assistant City Manager of Public Services, stated that the City Attorney
and he came up with two options. Option 1 edits were not part of the backup
unfortunately, so handouts were distributed. Option 1 would change existing language to
add verbiage that would require the City to declare the property surplus and then move
forward with a request proposal, notifying the public that there is surplus property they
are seeking to sell.
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The second option, which is more detailed, along the same lines of declaring the property
a surplus and then there are options on how to deal with the property. The following
options were highlighted:
• Specific language helps declare when a property is surplus.
• A public hearing would be required and how they dispose of it as well.
• When appraisals would be required.
• The method of disposal. This would give an option, if they had a Letter of Intent
or an offer on the property, to advise them to negotiate it with a particular vendor
or buyer or tell them to do sealed bids.
• There would be an option to transfer to governmental agencies or the potential to
do a land swap.
• How proceeds from the transfer would be handled.
Mr. Mack indicated that the intent was to make sure when they get a property that they
are bringing it to the public so there is a fair way to bid, and they are making decisions as
they bring all the items back.
Mayor Grant was excited they were planning something because there is some vacant
land. He did not think creating language that was not necessarily part of the Developer
Agreement was making them developer friendly and questioned if the language was able
to be changed to a Developer's Agreement.
City Attorney Cherof stated there was an item on the agenda about Developer
Agreements, which was intended to cover the disposition of all or any City -owned real
estate.
Mayor Grant stated this is 11 C and then there is 12A.
Mr. Mack advised they were looking for direction to determine if the Commission wanted
a simple edit, which was adding it to the process and when there is an offer it goes straight
to an RFP or if they wanted a more ala cart style of ordinance. Both require them to bring
the ordinance back to the Commission.
Commissioner Penserga commented that to be clear, this would not make it final today.
He was more in favor of "Option 2" with more details and more of a clear process. This
conversation started because of prior events, and he questioned how that might change
with this kind of language in place. He also questioned if a case study could be done.
Mr. Mack mentioned the last example, which was the area off Nichols Boulevard. They
received an LOI or an offer, which was brought back to the Commission, which was
authorized to move forward with the Purchase and Sale Agreement. As part of that
process, they brought it back to the Commission to execute the agreement and during
that process, at the last minute, an offer was received from someone else. By using
"Option 2" or "Option 1", he thought either one would accomplish the same thing, "Option
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2" would give more options how to deal with it.
Mayor Grant said this would basically say there would be no land surplus to the City
unless it is declared. It was questioned if the City currently has any land that is declared
surplus.
City Attorney Cherof clarified it would be until the City Commission declares it.
Mayor Grant stated they have not declared any land surplus, but in the past they did.
Previously, four parcels were declared surplus for the purpose of soliciting equipment and
they brought it back to dispose of. They want to make sure there are no surplus plans
and then anyone else who would like the plan would have to declare surplus before any
kind of ala cart options move forward.
Mr. Mack believed that was the intent when this was written; when they get something,
they want to dispose of, first it must be declared surplus, and then they can move through
the process, whether it is through negotiations or a land swap. He noted the smaller
version is a little tighter and the second version gives more flexibility, but it will provide a
well-defined process as a part of that disposition. If they could get a consensus for
"Option 2", he will work City Attorney Cherof and they will bring back an ordinance.
Commissioner Penserga mentioned Methods of Disposal, Section 5, and noted that it
was not clear to him at which point one is triggered over the other or if that was intentional.
It was noted that surplus today might not have been considered surplus a year ago.
Mr. Mack explained it was intended to be open because many times a piece of property
may not be thought about as surplus, but when someone drives by, they may see it and
start the process by contacting the City to see if they would be prepared to sell it. The
first section allows for a variety of methods to start the process as opposed to the City
Commission directly Administration to provide a survey of all City -owned property and
then going through them one by one to determine whether they are surplus or not. The
benefit of what they have had for some time has been the relative ease in which the City
could dispose of real property. That was triggered by the fact that before the rules were
changed, it was hard to do. Currently, it is relatively easy to sell property when comparing
their process to other municipalities and it could be said that has stimulated some of the
growth of the City, but no one has ever surveyed that.
Commissioner Romelus questioned if that helps alleviate or impede.
Mr. Mack thought it would help. If he were a potential buyer, he would want to know there
is a defined process, he would not want to invest money in creating drawings, sketches,
and due diligence, and then someone beats him by $500. The timeframes could be
tweaked to help make sure they are helping developers expedite.
Commissioner Romelus questioned if the due diligence has been done to see what the
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community thinks.
Mr. Mack stated they have not done due diligence; this is something that could be done
since it does not have to be brought back right away. They could speak to a few
developers and let them review it and once it is in the proper format it could be put out for
consumption.
Commissioner Romelus was in no rush; as a government they have so much red tape
bureaucracy that is inadvertently in place that prevents individuals and the public from
understanding what they do, how they do it, and why they do it, so it makes their job more
difficult. Currently, sales are relatively easy without implementation.
City Attorney Cherof indicated that he put it into two categories over time and the City
Commissioners decided they did not want to be developer friendly, which was well in the
past. Currently, the Commission has been somewhat developer friendly, so the rules are
somewhat easy to clear. We talking about developers here, there are other people who
buy properties who are not developers.
Commissioner Romelus would shop this around to make sure they are not creating any
inadvertent hurdles for their "developer friends" before taking a final option.
City Attorney Cherof mentioned that a discussion to argue might be why the City owns
real property they are not doing anything with and what the long-range goal is for dealing
with the property. He questioned if the property was a land bank for some future use or
to hold and drive up the value of property generally over time. He did not think there was
ever a real discussion during any Commission he has sat through that talked about why
they have real property and what they want to do with it.
Commissioner Romelus thought the intention of any property they have would be that it
ultimately be developed to provide taxable value for the City, whether it is in the form of
being developed or if it serves a function of park land that benefits developed areas
around it. The City is in the business of serving residents of the community.
Commissioner Penserga wanted to share that he was in support of "Option 2". Based on
his reading of "Option 2", he sees nothing that would impede development or
redevelopment. In general, having a process provides clarity and if anything, that should
support development and redevelopment. From his understanding, getting appraisals
and Letters of Intent are standard. He agreed with Commissioner Romelus about getting
input and shopping around. He wants to be careful that they do not let them dictate. this
is about protecting the City and the City's interests, so there is a clear process, but not
one that is overly in favor. They want to be open for business, but to create a fair and
reasonable process. He continued support for "Option 2" and he was open to getting
more improvements.
Mr. Mack thanked Commissioner Penserga for recognizing that "Option 2" is drastic in a
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neutral fashion.
Commissioner Penserga wanted to come back to City Attorney Cherof regarding the
question he asked earlier. He questioned if there were one or more interested parties if
they would all be negotiated during the Commission meeting, and he wanted to know the
cut off. They do not want to have a free for all where everyone is negotiating on the spot
with every detail.
There was a consensus by the Commission to go with "Option 2" and for staff to move
forward with writing the ordinance and public input could be given during the First and
Second Readings of the Ordinance.
Commissioner Romelus stated that as government officials, having different perspectives
to weigh in could potentially allow them to see blind spots they are not currently seeing.
She did not have a disagreement whether they move forward with the process, but she
always wants to try to think of things when they are creating different policies, that they
are not just doing it with their own government hats in place; they try to consider how it is
perceived.
Mayor Grant indicated that the aspect is for someone to move forward, a future City
Commission would have to declare land as surplus.
City Attorney Cherof commented that at some point of the process that is correct.
Mayor Grant questioned if the declaration is accepted before or after the Letter of Intent
is accepted.
City Attorney Cherof replied it would be before.
Mayor Grant advised that the key point was that a Letter of Intent is not needed to declare
land a surplus; however, they are not going to declare land a surplus because someone
wants it. They must explain in detail and if that is the case, a Letter of Intent can be
required.
Vice Mayor Hay questioned at what point a date is given after the Letter of Intent has
been accepted.
City Attorney Cherof explained that the Commission would want to make the
determination of surplus before accepting a Letter of Intent. A Letter of Intent might be
entertained, but the Commission would have to bind themselves in a future transaction
without making an evaluation of whether the land is surplus. He thought about adding
details about what comes to surplus property, but thinking back over the years, the City
Commission is in the best position to make that determination on a case-by-case basis,
taking into consideration the information they have and the kind of context they get from
constituents, the public, and whoever else is interested in the property. He thinks once
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the City Commission conducts a discussion as to whether a property is surplus or not, the
outcome would be correct. The Commission does not need the City Administration to tell
them something is surplus, they are able to make that determination, although they could
put that Administration would be important.
12. Legal
A. Proposed Ordinance No. 21-025. First Reading. Approve Development
Agreement Ordinance.
City Attorney Cherof read Ordinance No. 21-025.
Commissioner Penserga commented there are several blanks and he assumed they were
for discussion.
Mayor Grant questioned if the Commission wanted to go over each blank.
Commissioner Penserga referenced Page 6, Paragraph D, that is a blank on formatting
the number of the sections and that would be filled in as they go forward.
On Page 7 the first sentence is blank and that is the trigger for reversion after
Commencement of Construction. The expectation would be that would be a more limited
light of reversion, but it would still be triggered by something. The Commission does not
want someone making a significant investment in a property and finding out that it is
subject to reversion. The reason is because development is unlikely if someone was
going to have to take that kind of risk. He did not know the number and thought that might
be some additional input the Administration Development might want to weigh in on.
The bottom of Page 7, last paragraph, which is a payment the developer would agree to
make up front to the City for past and future damages arising from the developer's breach
of agreement. It may be a complete deterrent to development and if the number is too
high it might be a reasonable risk that a developer may take knowing it would be an easy
out from the project and simply to pay the money and move on.
Commissioner Penserga questioned if that number was something the Development
Department determine.
City Attorney Cherof replied yes and thought they need that input. They have much more
experience of communications with the development community; they get paid back from
developers directly and indirectly through the planners and other representatives. It is all
vetted in the process of someone exploring what they might want to develop, what it might
cost, and what a list of benefits would be.
Mayor Grant questioned what future development projects the City has. When he got on
the Board, Downtown was a big development project, and he does not necessarily know
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the City Surplus Funds or what types of projects they are trying to build with this
ordinance.
Commissioner Penserga stated it was not about trying to build anything. From his
standpoint, it is about putting in safeguards. There are going to be future developments,
that is inevitable, but the question is what the process is and what safeguards should be
put in place. One of the current issues is when a developer acquires land and sits on it
for a long period of time and continually asks for extensions. Safeguards could be put
into place, so they are never in that position. He questioned if 30 months is an acceptable
period for an extension or whether developers should apply when they are ready to build.
This is about getting ready to take in future projects.
Mayor Grant did not know the City's redevelopment picture Commissioner Penserga was
speaking of and he asked the Commissioner to explain.
Commissioner Penserga stated he did not know what would come up in the future.
Mayor Grant questioned if timeframes were put into place. The problem is the language
involved. He also questioned what Commencement of Construction means.
Mr. Mack indicated that a Commencement of Construction is usually done when the first
permit is on the project becomes vested, which is an actual permit for construction.
Mayor Grant commented that he would probably want that language and not
Commencement of Construction. He thought the Commission may want to have a
conversation to see what the best interest and future development is for the City. The
problem is this only applies to City land when they are working with the developer in a
public private partnership. He knows some language is open to interpretation, which
they do not want to see. He thought there should be more defining terms than
Commencement of Construction and things should be more date certain, so it is not open
to interpretation. He wants the Commission to understand exactly what they are doing
and would like the Building Department and Mr. Mack to make sure all the language is
certain, so it is not Commencement of Construction, it is first permit. He questioned what
happens if another pandemic or major hurricane hits and if they would be in the same
position.
Mr. Mack explained these are Developer Agreements and they will be brought to the
Commission on a case-by-case basis.
City Attorney Cherof stated those details would be negotiated terms in the agreement
itself.
Mayor Grant commented that agreements will be on a case-by-case basis.
City Attorney advised that details would be negotiated terms in the agreement itself. He
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suggested it might be more appropriate to Table this on First Reading. They would like
to talk to the City Manager and maybe get some additional input from the CRA
professional staff and their Legal Counsel. That would give Development staff some
additional time to look at some of the details.
Mayor Grant commented his big concern was making these statements and contract
terms on the benefit of the City and the CRA. Having this discussion now is very important
because the Purchase and Sale Agreement the CRA needs for their future products is
more imminent, so this is something they need to have as part of their negotiations as a
CRA body, not necessarily a City body. He would be in favor of Tabling this after a CRA
discussion.
City Attorney Cherof stated they would get the document out to the CRA tomorrow.
Mayor Grant believed November 30, 2021 was the date he was hearing, so if the City has
an ordinance in place or language they are currently drafting, it gives them an
understanding where they are negotiating from as a CRA Board.
W,1511=11
A motion was moved and duly seconded to Table the First Reading of the Ordinance until
there is a CRA discussion. Motion passed unanimously.
Discussion concerning equity regarding employee raises.
Mayor Grant mentioned General Employee raises and noted that he spoke with different
Department Directors and the City Manager about this. The way he saw it was that a lot
of the raise money was being given to top earners. If identified by Department, there
would be a big discrepancy with many of the entry level employees. He appreciated what
Julie in HR provided him, which showed that some employees increased their salary by
50% in less than five years. He was pleased to see the City is good at career growth and
keeping well trained employees. The spreadsheet he received basically shows that
everyone is considered on an hourly rate, so the minimum wage is $15 per hour and with
a 3% raise they get about 45 cents extra an hour versus someone making $60 per hour.
He was thinking about having a minimum increase per hour for the lowest income earners
of a dollar, so anyone who makes $15 per hour or $30 per hour, would get a dollar more.
This is something he would like to do because all the employees have been working
throughout the pandemic and he feels a 3% raise is not enough for entry level employees
who do a lot of the work dealing with customers, like the first initial response. He did not
know if this was already approved in the Budget, but it is something where the Tier system
is based on an hourly rate, so they could have a minimum increase of a dollar or perhaps
75 cents. There may be some compressions, but he did not feel that it would ever get to
that point. No one talked about this during the Budget discussion, and he questioned if
City Manager LaVerriere was bringing that back.
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City Manager LaVerriere advised they planned on bringing the discussion on premium
pay with the ARPA Funding to do exactly what Mayor Grant was talking about. The intent
of the Treasury is to allow these funds to be used as premium pay for low-income earners
who were potentially exposed as first responders. She stated there are a variety of cost
categories. A couple requests have been received from the Union.
Mayor Grant stated it would be from the ARPA Funds, not the Collected Bargaining.
City Attorney Cherof indicated there is a connection; the City cannot unilaterally provide
a change of wages or benefits to a City employee represented by a Bargaining Unit.
There must be a bargain to give that benefit, or a waiver must be obtained from the Union
to do so.
Mayor Grant commented that they would have that discussion later. As mentioned earlier
for the General Employees, they are the ones who have not received as much of a raise
as the Unionized employees have over the past five years, so an increase of 3% based
upon an hourly wage increase would get them the same amount increase on an hourly
basis.
Commissioner Penserga asked that someone help him understand the counts and why
some are dollars and some are numbers.
Julie Oldbury, Director of Human Resources and Risk Management, explained the
counts and dollars and how she arrived at the figures.
Mayor Grant clarified that what he proposed does not affect many of the General
Employees, it only affects part-time employees and the very low-income earners. He
questioned if that was something to look at, as it would be a minimum increase.
Commissioner Katz commented this could potentially cause people on salary to get a
dollar and less tenured employees would be paid more marginally.
Ms. Oldbury stated it could.
Mayor Grant stated that more tenured employees at a lower rate also have the benefit
that part-time employees have who have been there for a while. He would like to say the
City's minimum increase for salary is either 3% or 75 cents per hour, whichever is greater.
He understands his first request is not in-line because of the part-time employees and the
fact that they have several positions in different departments that would create disparities.
Commissioner Romelus asked for clarity about what Mayor Grant was proposing.
Mayor Grant indicated it may increase by 3% for everyone, but he thought it was negligible
on the total salary based upon part-time employees who are getting an extra 75 cents per
hour compared to 50 cents to 75 cents per hour. It is something they are trying to increase
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for the lowest end employees.
Ms. LaVerriere stated the lower paid are part of the Bargaining Agreement.
Commissioner Katz thought they should stick with the percent raises.
Mayor Grant mentioned the big thing he was asking was to see what it would be like to
have an increase in salary of 75 cents per hour for part-time and full-time employees.
Commissioner Romelus said she was with Mayor Grant 100% on creating this equity in
the employees and staff. She would, instead, perhaps put it on the HR and City
Leadership to bring back proposals of what other communities have done around this
topic of creating better equity within the community and they could explore and see what
could work. She was not sure throwing out numbers was the best way to go. She thought
they were setting a precedent for pay scale and equity for the future and if they are going
to do it, it must be done right.
Commissioner Katz thought the issue was the two different concepts; raises and salary
adjustments. If the goal was to identify lower earning employees and determine that they
want their base salary to be higher, which would not be relevant to raises, it would be an
adjustment in the salary assigned to the employee with a certain job title and a certain
number of years' experience. He was all for exploring salary adjustments for the lower
end of the scale. These are two separate issues, and his preference would be to move
forward with a budgeted raise and then ask staff if that was the desired mission to look at
the lowest earning employees across the spectrum of job titles and determine costs
associated within increases. He thought the applicant of the term and concept of equity
to try to say everyone deserves the same raise regardless of tenure, skill, or job title, was
a dangerous path to go because they do not deserve the same. He is in favor of raising
minimum salary levels for low-income positions. They can adjust low-income salaries
and maintain decent raises.
Vice Mayor Hay said he did not mind the discussion, but what he did not like was being
given a piece of paper at the dais that he has never seen before. This discussion is not
on the agenda, and he felt items should be put on the agenda giving everyone the
information so they can do their own research and talk to people. There are experts in
the HR Department. He felt uncomfortable not having the opportunity as everyone else
to do his own research. If they want to move forward on this, make it an agenda item, let
staff bring the concepts and ideas, and the Commission will look at it.
There was a consensus to ask staff to research other Cities that may have taken
measures regarding equity in employee raises and research the need for salary
adjustments. They will need to have a premium pay discussion at the next Commission
meeting.
13. Future Agenda Items
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City Commission
Boynton Beach, FL September 21, 2021
A. Staff will prepare options for the Commission's consideration for handling
Letters of Intent on City owned properties - October 5, 2021
B. PBC Supervisor of Elections Wendy Link to provide information on polling place
safety precautions due to COVID-19 and the ballot format for the March 2022
election. - October 5, 2021
C. The PBC School District and the Education Foundation of PBC will provide an
update to the City Commission on the Digital Inclusion Program - October 5,
2021.
D. Approval of task order for design, permitting and construction administration
services for Eco Park. - October 5, 2021
E. Head Start Purchase and Sale Agreement - October 19, 2021
F. Hazard Mitigation Grant Award for Potter and Dimmick Roads - October 19,
2021
G. Discuss process and estimated costs for a Recreation and Parks Bond
Referendum Question in August 2022 - November 2, 2021
H. Building Department staff will present an update on the implementation of the
new SagesGov software for permitting and inspections - November 15, 2021
I. National Flood Insurance Program Community Rating System Update -
November 15, 2021
J. Sign Code Amendments - November 15, 2021
K. Representatives from FIU will present the Diversity& Equity Assessment of City
Systems (Internal Assessment) - November 15, 2021
L. Mobility Plan & Technical Report - November 2021
M. City lobbyist Mat Forest to give a preview of the 2022 State Legislative Session
2022 and discuss the City's annual Legislative Agenda. - December 7, 2021
N. Discuss disposition of vacant 3.62-acre parcel adjacent to Leisurevillle and west
of SW 8th Avenue -TBD
O. Discussion regarding adjusting traffic signal timing for pedestrians during off-
peak hours. - TBD
P. Consultant Presentation of Housing Needs Assessment - TBD
Q. Discuss Building Safety Inspection Program — TBD
14. Adjournment
There being no further business Mayor Grant adjourned the meeting at 9:42 p.m.
CITY • / ON B , H
___Mayor - Steven B. Grant
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Meeting Minutes
City Commission
Boynton Beach, FL September 21, 2021
Vice Mayor-Woodrow L. Hay
Commissioner-, '��►-:tz
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Com "."77�tin : L. Romelus
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C. -Ty 'enserga
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Deputy City Clerk
35