Loading...
Minutes 10-19-21 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, October 19, 2021, at 5:30 P.M. Present: Mayor Steven B. Grant Lori LaVerriere, City Manager Vice Mayor Woodrow L. Hay James Cherof, City Attorney (Online) Commissioner Christina L. Romelus Shana Bridgeman, Assistant City Attorney Commissioner Ty Penserga Crystal Gibson, City Clerk Absent: Commissioner Justin Katz 1. Openings A. Call to Order - Mayor Steven B. Grant Mayor Grant called the meeting to order at 5:30 p.m. Roll Call City Clerk Crystal Gibson called the roll. A quorum was present. Invocation by Pastor Bender of Christ Fellowship Church The Invocation was given by Pastor Bender, Christ Fellowship Church. Pledge of Allegiance to the Flag led by Commissioner Penserga Commissioner Penserga led the Pledge of Allegiance to the Flag. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Lori LaVerriere, City Manager, explained revisions that were made to the initially published agenda. Motion Commissioner Penserga moved to approve. Vice Mayor Hay seconded the motion. The motion passed unanimously. Meeting Minutes City Commission Boynton Beach, FL October 19, 2021 2. Other A. Informational items by the Members of the City Commission. Commissioner Romelus stated that she had no disclosures. Commissioner Penserga stated that he had no disclosures. Vice Mayor Hay stated that he had no disclosures. Mayor Grant disclosed that on October 7th, he attended the National Day for the Republic of China. On October 8th, he spoke with a representative from JKM Development. On October 13th, he met with the Police Benevolent Association regarding the Citizens Review Board. On October 14th, he attended the Somerset Academy's opening of their new football field. On October 15th, he visited the new exhibit at the Children's Schoolhouse Museum. On October 16th, he attended the Fall Festival. On October 19th he attended the County Commission meeting where they announced that effective immediately, the Emergency Declaration for Covid-19 has ended. He also attended the South County Intentive at the old South Tech Academy. 3. Announcements, Community and Special Events and Presentations A. Proclaim November 1 , 2021 as Extra Mile Day. Mr. Karjalainen's daughter and sister accepted the proclamation. B. Proclaim October 15, 2021 as White Cane Safety Day in recognition of the growing independence and self-sufficiency of blind people in America and to recognize the white cane asthe symbol of that independence and self-reliance. Ted Goodenough, ADA Coordinator Assistant, accepted the proclamation. Mr. Goodenough explained the importance of the White Cane. The law states that a person with a White Cane or a guide dog gets the right-of-way when crossing the street. C. Proclaim the month of October as National Disabilities Employment Awareness Month. The proclamation will be accepted by Dr. Elsa DeGoias, Manager of Programs for CareerSource Palm Beach County. Dr. Elsa DeGojas, Manager of Programs for CareerSource Palm Beach County, accepted the proclamation. Dr. DeGojas thanked the City for partnering with 2 Meeting Minutes City Commission Boynton Beach, FL October 19, 2021 CareerSource. D. Proclaim October 23, 2021 as the First Presbyterian Church of Boynton Beach Garden dedication. Rev. Amalie Ash, of First Presbyterian Church will accept the proclamation. Rev. Amalie Ash, First Presbyterian Church, accepted the proclamation. Rev. Ash stated that the Church is committed to the City's sustainability, greening of the City, and the urban tree canopy committee. All are welcome to visit the garden. E. Proclaim the Week of October 18 to 24, 2021 as Florida City Government Week. Commissioner Ty Penserga will accept the proclamation. Commissioner Penserga accepted the proclamation. Commissioner Penserga feels that staff should be accepting the proclamation. This is Government Week, and there are so many people behind the scenes working to make things happen. We need to acknowledge and appreciate all of the City employees. Working in the government is not just running for office. You can impact your city and communities by being part of the City or County staff. He thanked staff for everything they have done. F. Announce that the Solid Waste Division will be having Tire Amnesty Week for City Residents the first week of November from November 1 - November 5, 2021 . Mario Guzman, Director of Public Works, announced Tire Amnesty Week. Up to eight tires, with or without rims will be picked up on vegetation day. Mayor Grant stated that he would like to see Public Works picking up old appliances and electronics to help facilitate the proper disposal of these items. G. Announcement of Public Meetings for the American Rescue Plan Act and Florida International University Community Needs Assessment by David Scott, Director of Economic Development and Strategy. David Scott, Director of Economic Development and Strategy, announced the public meetings for the American Rescue Plan Act (ARPA) and the Florida International University (FIU) Community Needs Assessment. The next ARPA meeting will be on October 28th, 6 p.m. at Firehouse 3. The meeting will not be virtual. The second ARPA meeting will focus on non-profits. It will be held on November 1st, at 6 p.m. at City Hall in the Commission Chambers and virtually via GoToWebinar. The FIU Community Needs Assessment will be on November 3rd, at 6 p.m. at City Hall in the Commission Chambers and virtually via GoToWebinar. Vice Mayor Hay stated that he supports the ARPA. He would like the public to know that 3 Meeting Minutes City Commission Boynton Beach, FL October 19, 2021 no idea is a bad idea. The City wants public input. This is the Community's opportunity to let the City know what the City needs. Not every idea is going to be accepted. There are stipulations set by the Government, that the City must follow. Commissioner Penserga asked Mr. Scott to give more specifics on what they are looking for at these meetings. Mr. Scott stated that for ARPA, the City has received funding to support programs related to Covid issues. The City has received $6.8 million out of the $13 million. The City would like public input on how that funding should be spent within the rules and regulations of the Treasury. The rules and regulations will be explained in detail at the meeting, or you can access that information on the ARPA page on the City website. The FIU Community Assessment addresses the equity gap around racial and social equity. FIU focused on five areas: education, public safety, housing, economic development, and public health. FIU has held several stakeholder meetings which included community professional and different agencies that serve the community. FIU is now finalizing its recommendations on how to close the gap based on the data it found. African Americans are lagging in economic prosperity within the City. Vice Mayor Hay asked that Mr. Scott or Ms. LeJeune review what the City cannot use the funds for. Carisse LeJeune, ARPA Consultant to the City of Boynton Beach, stated that there are very specific items that cannot be done. Most of those items address the City. The funds cannot be used to pay any debt. The funds cannot be used to supplement ad valorem tax revenues. Rather than looking at what the funds cannot be used for, it is important to find out what it can be used for. One of the focuses of the City is the disproportionally impacted communities of the City due to Covid. She encouraged everyone to attend the public input meetings. The meetings will cover in more detail what can be done with the funding. City Manager LaVerriere stated the information is on the City website. The information is broken down so that it is easy to understand. The funding can be used for recovering from Covid and activities that will help people from mental wellness to education catch up. There is great flexibility in what can be done. Ms. LeJeune stated as a rule of thumb the funds can be used only to address issues created by Covid. It has to be a direct consequence of the impact of Covid. Mayor Grant inquired about the ARPA survey on the website and will that close. Mr. Scott responded that the intent is to keep the survey open and continue to collect information until the Commission workshop. Mayor Grant suggested that the results from the survey be added to the ARPA page of the City website. 4 Meeting Minutes City Commission Boynton Beach, FL October 19, 2021 Mr. Scott replied that he and Mr. Durgan are gathering the information from the survey and will be posting it on the website. Mayor Grant asked if FIU is doing a survey as well. Mr. Scott responded that FIU will be doing a survey as well. Commissioner Penserga asked Ms. LeJeune who is the arbiter of the gray areas and what is the process? Ms. LeJeune replied that there are several different ways to make sure that we are bringing forward projects and programs that meet the requirements of the Treasury. The Treasury has provided FAQs that answer a lot of questions. We can contact the Treasury with specific questions. The National League of Cities has a pipeline to the Treasury. We have been going to them to get questions answered. There is also the E3 Bloomberg Group that is also helping the City get questions answered by the Treasury. A final decision that the Treasury deems is not a fundable project, they will let the City know. There may be a situation where the City would have to reimburse the Treasury if the City does something that is not part of the acceptable programs and projects. Mr. Scott pointed out that auditing is done regularly. The City wants to be careful about what is put forward and what the funding is spent on. Commissioner Penserga inquired if the Treasury is doing the auditing. City Manager LaVerriere replied the quarterly report is submitted to the Treasury. Once they have reviewed the report, if they have concerns or questions, they come back to the City. The City has only so much time to respond. She believes that the Treasury will make its decision within 90 days. H. Announcement of Project Impact Job Fair Results by John Durgan, Economic Development Manager. John Durgan, Economic Development Manager, provided an update on the Job Fair held on October 14th, at the Arts and Cultural Center. Over 205 job seekers participated in the event. 21 employers and five educational partners were also in attendance. Mr. Durgan thanked Dr. DeGoias and the entire CareerSource team for their hard work and effort in making the Job Fair a success. Since there were employers who could not make the event, we are considering holding job fairs on a quarterly basis. Dr. DeGoias commented that the turnout was amazing. Her team has reached out to the 205 job seekers for their feedback. The job seeker was asked if they needed help getting a job or if they needed help in another area such as education. They make sure that job seeker reaches their ultimate goal. She is looking forward to doing another job fair. The 5 Meeting Minutes City Commission Boynton Beach, FL October 19, 2021 feedback from the employers has been extremely positive. A diverse and inclusive community was present. Vice Mayor Hay commended staff and the community for getting the word out to help CareerSource in what they do. Tory Orr thanked the City for recognizing his work. Boynton Strong and Mr. Bernard Wright are going to continue doing their work within the Community. Commissioner Penserga thanked everyone for partnering with the City. He asked that CareerSource send the Commission a brief report on the comments made by the job seekers, to help make the next job fair better. Dr. DeGoias stated that the Spanish and Creole translators were a great help. Creole- speaking job seekers were offered jobs on the spot. They were so excited that there was someone there to help them to translate and communicate. 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 comingbefore the City Commission) David Katz, 67 Midwood Lane, commented that Florida Statute Chapter 99.012 outlines the timeline of resignation. If Commissioner Penserga is going to run for Mayor, he is legally required to resign ten days before the first day of filing for the March 2022 City election. Mr. Katz reviewed three scenarios of Commissioner Penserga's resignation. Scenario one, Commissioner Penserga resigns when legally required to, ten days before the first day of filing or earlier. If he does, there will be a District IV election in March of 2022. Therefore, no voter suppression. Scenario two, Commissioner Penserga resigns ten days before the first day of filing and makes the effective date after the last day of filing, which allows the Commission to have enough time to appoint a replacement Commissioner. Therefore, no election in District IV is voter suppression. Scenario three, Commissioner Penserga resigns ten days before the first day of filing and makes the effective date the day before the election, which will allow the new Commission to appoint the replacement Commissioner. Therefore, no election in District IV is voter suppression. The voters of District IV should choose their Commissioner, not the majority of the current Commission or the new Commission. The members of this Commission should urge Commissioner Penserga to do the right thing. Susan Oyer, 140 SE 27th Way, announced that her charity selected the City of Boynton Beach to be one of their tree project partners. The project is called A Walk in The Forest. They will be donating trees to five different groups around the world. Once again, she is asking for holiday street lighting. She feels that each major intersection should have unique lighting. She remembers as a child holiday lighting at all of the major intersections 6 Meeting Minutes City Commission Boynton Beach, FL October 19, 2021 in Boynton Beach. She inquired where are the former Mayors pictures and why are they not in the Chambers. Tory Orr, 106 Northeast 7th Avenue, stated he enjoyed the job fair. He asked if the next job fair can be held at the Carolyn Sims Center. Mayor Grant responded that the benefit of having the job fair at the Arts and Culture Center was the size of the event. The other facilities are not large enough to hold over 20 employers. Bishop Bernard Wright, CEO of Bernard Wright Ministries, 713 Northwest 2nd Street, inquired about speed bumps in District II. He requested a meeting regarding marketing funds for promoting City events. Mayor Grant responded that Bishop Wright would need to speak to the City Engineer for an update on the speed bumps. Regarding funding, he provided $50 out of his pocket to encourage Mr. Orr to help promote City events. At the last City Commission meeting, he stated that the City needs to start using influencers to promote City events. However, that is his position, not necessarily the position of the City Commission. Bishop Wright stated that he heard what Mayor Grant said about partnering. Yet the City has not gone any further than that. Mayor Grant commented that the City Commission will need to direct staff to include influencers in the marketing budget. Ernest Mignoli, 710 Northeast 7th Street, commented that he does not see the City Attorney. Mayor Grant pointed out that Shana Bridgeman the Assistant City Attorney was present. Mr. Mignoli inquired if Mr. Cherof was still the City Attorney. Mayor Grant responded that the City does not have a specific City Attorney; he is not employed by the City of Boynton Beach. He has his own law practice. Mr. Mignoli stated that he spent thousands of hours studying the building collapsing in Surfside. The more he finds out about it, the more powerful it is. He commented that 710 Northeast Street has similar problems. He said the City and the County will not help him at all. 5. Administrative A. Approve the request of Mayor Steven B. Grant to distribute $200.00 of his Community SupportFunds to Connect to Greatness, Inc. 7 Meeting Minutes City Commission Boynton Beach, FL October 19, 2021 Motion Commissioner Romelus moved to approve. Commissioner Penserga seconded the motion. The motion unanimously passed. Andre Thaddies commented that last month marked the fifth anniversary of Connect to Greatness, Inc. within the City of Boynton. The support they have received from the City has been a pleasure. We are currently in four different schools helping 28 young men and their mothers. Those numbers will continue to grow. They look forward to continuing work and partnerships with the City. Mayor Grant thanked Mr. Thaddies for all he and Connect to Greatness have done for the City. He is pleased to continue his support of Connect to Greatness. B. Approve the request of Mayor Steven B. Grant to distribute $200.00 of his Community SupportFunds to the HATT Foundation. Commissioner Romelus asked Mayor Grant to elaborate on what the HATT Foundation is and share awareness. Mayor Grant responded that the funding will go towards the HATT 2021 Sponsor-A-Child Program, which gives at-risk children a chance to participate in the HATT Symphony Orchestra. HATT Provides at-risk children an opportunity to learn musical instruments, be part of a grand and positive experience and have a better future. Motion Commissioner Romelus moved to approve. Commissioner Penserga seconded the motion. The motion unanimously passed. C. Approve the request of Mayor Steven B. Grant to distribute $200.00 of his Community SupportFunds to Pathways to Prosperity. Motion Commissioner Romelus moved to approve. Vice Mayor Hay seconded the motion. The motion unanimously passed. Mr. Petty, Pathways to Prosperity, thanked Mayor Grant for his contribution. He explained that Pathways to Prosperity is a wonderful organization that provides three programs: 1. Bridges of Boynton Beach provides parental support to help their children grow up healthy, safe, and strong. 2. Circles of Palm Beach County focuses on poverty and creates pathways to economic stability. 3. Healthier Boynton Beach focuses on 8 Meeting Minutes City Commission Boynton Beach, FL October 19, 2021 improving the lives of family caregivers in the City. The month of November is National Caregivers Month. They will be hosting a luncheon at Benvenuto for the City's caregivers. Mayor Grant's contribution will help support that event. Commissioner Romelus suggested that Mr. Petty ask the City for a proclamation for Caregivers Month. D. Approve the request of Mayor Steven B. Grant to distribute $200.00 of his Community SupportFunds to Greater Boynton Beach Sister Cities. Motion Vice Mayor Hay moved to approve. Commissioner Penserga seconded the motion. The motion unanimously passed. E. Approve the request of Mayor Steven B. Grant to distribute $200.00 of his Community Support Funds to Freedom Shores Elementary Motion Commissioner Romelus moved to approve. Vice Mayor Hay seconded the motion. The motion unanimously passed. F. Appointment of eligible members of the community to serve in vacant positions on City advisory boards. Motion Vice Mayor Hay nominated Cheryl Banks as the Banking/Mortgage industry member to the Affordable Housing Advisory Committee (AHAC). Commissioner Penserga seconded the motion. The motion passed unanimously. Motion Commissioner Penserga nominated Ronnie Hoggins as the For-profit provider of affordable housing member to the AHAC. Commissioner Penserga seconded the motion. The motion passed unanimously. 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 accompanyingmaterial to become a part of the Public Record and subject to staff 9 Meeting Minutes City Commission Boynton Beach, FL October 19, 2021 comments A. Proposed Resolution No. R21-137 - Assess the cost of nuisance abatement on properties within the City of Boynton Beach. Mayor Grant requested an update on the lawsuit pertaining to 301 West Boynton Beach Boulevard. Commissioner Penserga disclosed that Dr. Jeanne and Ka Hock Go have passed away. B. Approve donation of $3,245.96 from the State Forfeiture Funds to Visual Adjectives. C. Approve donation of $3,881 .76 from the State Forfeiture Funds to the Global Business Development Center - Entrepreneurship Institute (GBDCEI). D. Approve donation of $3,957.06 from the State Forfeiture Funds to Connect to Greatness, Inc. E. Approve donation of $4,000 from the State Forfeiture Funds to Gulf Stream Council - Boy Scouts of America. F. Approve donation of $3,915.23 from the State Forfeiture Funds to Scholar Career Coaching, Inc. G. Approve the piggyback of ITB No. 2021-113 Resolution 82-2021 issued by the City of Stuart forthe supply and delivery of Anhydrous Ammonia at the unit price of $.79 per pound ($4.108 pergallon) to Tanner Industries, Inc. for an estimated annual expenditure of $50,000. The City of Stuart complies with government bid requirements and is equal to and/or exceeds the City of Boynton Beach procurement requirements. H. Proposed Resolution No. R21-138- Approve and authorize the Mayor to sign modification twoto Hazard Mitigation Grant Program (HMGP) contract (No. H0054) with the Division of Emergency Management for the Lakeside Gardens Drainage Improvements, Phase I in the amount of $2,834 for management cost. I. Proposed Resolution No. R21-139 - Approve and authorize Mayor to sign the Hazard Mitigation Grant Program contract (No. H0712) with the Florida Division of Emergency Management for the Lakeside Gardens Drainage Improvements, Phase II in the amount of $800,752.00 for projectconstruction with a Period of Performance starting on execution through December 31 , 2023. 10 Meeting Minutes City Commission Boynton Beach, FL October 19, 2021 J. Approve purchase of Extreme Networks network switch maintenance from STEPcg of Covington,KY in the amount of $41 ,728.45, utilizing the State of Florida Alternate Contract Source Number43220000- NASPO-19-ACS, previously approved by Commission on 10/20/2020. The State of Florida Alternate Contract complies with the City of Boynton Beach's competitive bid requirements. K. Approve the one-year extension for RFPs/Bids and/ or piggy-backs for the procurement of services and/or commodities under $100,000 as described in the written report for October 19,2021 - "Request for Extensions and/or Piggybacks." Mayor Grant requested an update on Penn Credit Corporation. L. Proposed Resolution No. R21-140 - Approve a $10,000 increase to the agreement with The Wag Group needed for sign language interpreting services due to the increased frequency of public meetings and community events. M. Approve the piggyback of RFP 2017-71500-01 issued by Library of Virginia, on behalf of Mid Atlantic Library Alliance, Inc. (MALiA) to Ingram Library Services, LLC. for an estimated annualexpenditure of $50,000. The City of Boynton Beach is a member of MALiA. This RFP meets thecompetitive bid requirements for the City of Boynton Beach. N. Accept the written report to the Commission for purchases over $10,000 for the month of September 2021 . Mayor Grant inquired about subitems three, five and eight. He asked if the old equipment from Barrier Free Park is salvageable to be used at another location. He stated that Barton Memorial Park can use playground equipment. 0. Proposed Resolution No. R21-141 - Approve and authorize the City Manager to sign the First Amendment to The First Restated Interlocal Agreement R2016-1581 between the City of Boynton Beach (City) and Palm Beach County (County) utilizing the County's microwave system to transport radio signals from the City's tower to the County's Master Site. P. Proposed Resolution No. R21-142 - Authorize the Mayor to sign all documents associated withthe acceptance and grant agreement for the Victims of Crime Act grant subject to the approval of the City Attorney. Q. Approve minutes from the October 5, 2021 and October 12, 2021 City Commission meetings. 11 Meeting Minutes City Commission Boynton Beach, FL October 19, 2021 Motion Commissioner Penserga moved to approve the Consent Agenda. Commissioner Romelus seconded the motion. The motion passed unanimously. 7. Consent Agenda A. Approve the piggyback of Bid No. 12525-312, Resolution No. 21-0674 issued by the City of FortLauderdale as the Lead Agency for the NIGP Southeast Florida Governmental Purchasing Cooperative Group for the supply and delivery of Sodium Hypochlorite (CO-OP) by Allied Universal Corporation for an estimated annual expenditure of $300,000.00. The City of Fort Lauderdale complies with government bid requirements equal to and/or exceeds the City of Boynton Beach requirements. B. 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 October 19, 2021 - "Request forExtensions and/or Piggybacks Over $100,000." C. Proposed Resolution No. 21-143 - Authorize Mayor to sign an agreement with Florida-Caribbean Architecture of Boynton Beach, FL for Project Management Services, in the amount of $192,000. Mayor Grant requested a quarterly update on the project. Motion Vice Mayor Hay moved to approve the Consent Bids and Purchases of $100,000. Commissioner Romelus 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 PlanningAgency and City Commission. 9. City Manager's Report A. Request to reschedule the November 16, 2021 ARPA Commission Workshop to December 7,2021 . 12 Meeting Minutes City Commission Boynton Beach, FL October 19, 2021 City Manager LaVerriere stated that they have received the study from FIU and would like more time to review the study and build it into the framework of the workshop. The workshop will be from 3:30 p.m. to 5:00 p.m. on December 7th Mayor Grant stated that it would be acceptable. He requested an updated review of the ARPA meetings on November 16th Motion Mayor Grant moved to reschedule the November 16, 2021, ARPA Commission Workshop to December 7, 2021, at 3:30 p.m. Vice Mayor Hay seconded the motion. The motion passed unanimously. 10. Unfinished Business A. Monthly update from JKM Developers on the Town Square Project attached. Mayor Grant stated that JKM is moving forward with an application for a site plan amendment. He inquired if a pre-application meeting has been scheduled. Andrew Mack, Assistant City Manager, stated that staff has a been in contact with their planner Josh Nichols and there is a meeting tentatively scheduled for Friday. Mayor Grant requested continuous updates on the application process. He also requested the total amount spent on legal fees. 11. New Business - None 12. Legal A. Proposed Ordinance No. 21-026 - Amending the Land Development Regulations, Chapter 1, Article II. Definitions, and Chapter 4, Article X. Flood Prevention Requirements to maintain compliance with FEMA requirements and to maximize the City's National Flood Insurance Program's Community Rating System (CRS) class rating. Assistant City Attorney Shawna Bridgeman read Ordinance No. 21-026 by title only on first reading. Adam Temple, Director of Development Services, stated that The National Flood Insurance Program Act utilizes the Community Rating System (CRS) as a voluntary incentive program to recognize and encourage community floodplain management practices that exceed minimum requirements for CRS communities. Flood insurance rates are discounted for properties located within a municipality resulting from their 13 Meeting Minutes City Commission Boynton Beach, FL October 19, 2021 enforcement of floodplain management regulations. To maintain consistency with the new requirements of FEMA, staff is proposing and recommends a few minor updates to the City's floodplain management regulations. Through coordination of the State Floodplain Office, we are adopting a new definition of accessory structures that is different from current zoning regulations. We are removing provisions for and prohibiting the placement of manufactured homes within the special flood hazard areas. It is important to note that there are no manufactured homes within the Special Flood Hazard Area in the City. Staff recommends removing that provision from the ordinance. Staff is also doing some housekeeping items on a few definitions for floodways and editing the definition for market value. It is important to note that should the Commission decide not to move forward with these recommendations, it would jeopardize the City's CRS score and would increase the flood insurance rates for properties within the City. Staff has been working on these proposed amendments in coordination with the State office. The Planning and Development Board heard these amendments at their September 28th Board meeting. Motion Vice Mayor Hay moved to approve. Commissioner Romelus seconded the motion. Mr. Mignoli stated that he lives in a building that is 44 years old. Most of it is in a flood zone. After he made his purchase, he discovered that there were violations on the property. At closing, a city has to give transfer, title approval. The Board Association has to say, as far as they know, there are no major problems. The seller has to sign a document that they know of no underlying foundation problems that are severe so that you can close. After he closed on the condo, he discovers that there are all kinds of violations with no seawall. Illegal marinas have had problems with the board for 20 years. When he tries to deal with the City or section for commissioner on this board, he sends in pictures, he talks about floods and flood insurance, how it is affecting the building, how we are getting nowhere with the City. He cannot get any City Officials to come out, take pictures. When he renewed his insurance with State Farm, they inquired if the City has done anything with the flood insurance compliance. He said no the City has not done anything. What does that mean? Well, it means your flood insurance on your condo instead of being $800 a year is $1,900 a year. He asked if there is anything he can do about that. They said no, it is all up to your City and your Commissioners. He must have sent 400 e-mails to the Mayor and the Commission. He then inquired again if James Cherof was the City Attorney and that the City told him they cannot do an ordinance to get recertification yet Boca Raton did. He asked how this Commission can keep saying things in public that are not factual and that the Mayor told him earlier that Mr. Cherof is not the City lawyer. Mayor Grant responded that we never said Mr. Cherof is not the City lawyer. We said Mr. Cherof is not here; the Assistant City Attorney is here. Mr. Mignoli stated that Mr. Cherof is not here and he has not been here for several meetings. He said the Mayor stated Mr. Cherof is not the City lawyer. 14 Meeting Minutes City Commission Boynton Beach, FL October 19, 2021 Mayor Grant responded that is correct, the City does not have a lawyer. The City has retained a law firm. However, Mr. Cherof is the City's attorney as of record. Mr. Mignoli pointed out that the plaque on the front of the building states James Cherof, City Lawyer. Mayor Grant stated that he believes that Ms. Bridgeman is a partner for the firm. He asked Mr. Mignoli if he was familiar with how law firms work, that other lawyers may step in. Mr. Mignoli stated he is starting to learn. He asked if Mr. Cherof is the primary lawyer involved with all these lawsuits and flood issues, why is Mr. Cherof never here? Mayor Grant commented that Mr. Cherof has been with the City for 30 years. Mr. Mignoli stated that he is talking about in the last months since there have been severe problems after the building collapse. All of a sudden Mr. Cherof only responds by e-mail. Now there is an alternate. What good does that do? Mayor Grant commented that if the City Commission decides to get a new City Attorney, they can. We have hired the law firm of Goren Cherof to be our City Attorney. They have stated that James Cherof from their law firm is going to be our City Attorney. They did not say that Mr. Cherof cannot provide an alternate from his law firm to be the City Attorney when he is unavailable. Mr. Mignoli claimed that he has been to the last 15 meetings. Mr. Cherof has not been present. Is Mr. Cherof on leave? City Attorney Cherof asserted that he will answer the question. He is in attendance virtually tonight, and was in attendance virtually at the last meeting. He has been to the meetings with a few exceptions when he does take a vacation or he has an illness, in which case Deputy City Attorney Shana Bridgeman attends the meetings for him. He stated that he is in attendance and he has been since the inception of the meeting, as he is always when he cannot be physically present. Mr. Mignoli e-mails him daily as the City Attorney. Mr. Mignoli does know that he does exist not just virtually, but in the real world as well. Mayor Grant asked that the City Attorney please state his name for the record. City Attorney Cherof replied this is James Cherof and he is attending the meeting virtually. Mr. Mignoli commented that we are trying to get relief for our City. We are dealing with the same engineers and lawyers right in the middle of the problem. We have issues with flooding. Mr. Cherof has not solved anything and has been here for 30 years. When can we get a new lawyer? 15 Meeting Minutes City Commission Boynton Beach, FL October 19, 2021 Mayor Grant noted that he stated earlier, he can present it to the City Commission. The City Commission can choose a new law firm, keep the same firm or they can hire an attorney. Mr. Mignoli stated that he is tired of standing in six inches of saltwater at his house. Who knows what the saltwater is doing to the foundation? Vote City Clerk Gibson called the roll. The vote was 4-0. Commissioner Penserga inquired if staff has visited this site. Is there a problem? Mr. Temple stated multiple people have been on the site. He said that the City's Building Official has been on the site and he has personally been on the site. Commissioner Romelus inquired about their findings. Mr. Temple remarked that he will let the Building Official discuss his findings. Mayor Grant asked if staff is working with the County regarding their ordinance on condominiums? Mr. Temple replied that John Kuntzman, the City's Building Official, is on the technical subcommittee for this effort. He believes there was an item at the Board of County Commissioners meeting today to move forward with their countywide program. He stated that he mentioned this to the Commission a few months ago. Staff will be bringing it forward for the Commission's consideration. Vice Mayor Hay inquired if there is a timeline for this ordinance. Mr. Temple stated that it depends on what took place at the Board of County Commission meeting today and what happened at the meetings between Mr. Kuntzman and the County Building Officials. He could not imagine it being much longer than a month or two before first-reading is before the Commission. John Kuntzman, Building Official, commented that he is part of the building recertification process with the Palm Beach County League of Cities and all the building officials in Palm Beach County. Some municipalities have moved forward with their building recertification program. Palm Beach County believes our draft is head and shoulders above what Dade and Broward County have in place right now. We feel that our document that is going before the Board of County Commissioners tonight will be successful. The ordinance will have to be submitted to the Building Commission. Staff will make necessary changes and the present it to the City Commission. It is going to be a couple of months. 16 Meeting Minutes City Commission Boynton Beach, FL October 19, 2021 Mayor Grant asked if the ordinance would go before the Planning and Zoning Board. Mr. Kuntzman stated that he does not believe that it would go before the Planning and Zoning Board. Mayor Grant commented that the City is monitoring the situation. The Building Officials have not found anything that rises to a level of hazardous. Mr. Kuntzman noted that he has been at the site with Mr. Mignoli. He has explained to Mr. Mignoli that there are things that he can do, and there are things that he cannot do. He cannot force somebody to provide him with a building recertification. He has nothing to lean on, but what he can do is he can cite the items that he does see. There were some vertical cracks in the walls on two corners. There were a few balconies that look like they can use some repair. There are some cracks and there is a little bit of rust coming out of those cracks. He required the condo association to provide him with a structural analysis by a threshold engineer. He received a letter from the threshold inspector. The inspector did say that several balconies need repairs but nothing is an imminent danger. The vertical cracks have been determined that it was only stucco damage. They can be repaired by virtually anybody. He has been in communication with the HOA and they have told him that a threshold engineer was going out there to do a survey on the balconies because they do want to repair them. They are moving forward with that. That is why the threshold engineers were out there today taking notes, taking pictures, and coming up with a game plan to repair them. Mayor Grant inquired if it was ultimately the responsibility of the HOA. Mr. Kuntzman stated yes. B. Consideration of Plaintiff's settlement offer to the City and action to accept, reject, or makecounter-offer in the case of: LATOSHA CLEMONS, Plaintiff, vs. CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation, Defendant— Palm Beach County Circuit Court Case Number: 50 2021 CA004638XXXXMB AE City Attorney Cherof, stated that the city is involved in this litigation. We have received a demand for judgment for $80,000. The item on tonight's Commission agenda is for your consideration, whether accept that offer, reject that offer, or make a counter-offer if you prefer. Or alternatively to do nothing at this particular point and the litigation would continue. In the last several days, we have communicated with the plaintiff's attorney. The demand for a judgment is in this case only regarding the depiction of the plaintiff in a mural and the modification of that image, which gave rise to her claim for defamation. Ms. Clemons does have one additional potential claim against the City arising from an EEOC complaint of discrimination. We were told that Ms. Clemons will settle both cases for a 17 Meeting Minutes City Commission Boynton Beach, FL October 19, 2021 total of$100,000. If the City Commission wants to discuss a total settlement and a release that we would receive back to make certain there is no other pending litigation, that would cost the City Commission $100,000 per the current demand. He would ask that any motion if there is a motion tonight, be specific with respect to the dollar amount that we are authorized to settle the case for. Mayor Grant inquired if City Attorney Cherof received this offer in writing from the Plaintiff's attorney. Attorney Cherof replied yes, via email. Mayor Grant commented that Latosha Clemons is a native of Boynton Beach. The removal of her image from the mural hurts the most. Ms. Clemons started her career with the City in the Parks and Recreation Department, moving to the Fire Department and going from entry-level to the Deputy Fire Chief. The Commission should accept the offer of$100,000 so we can move forward. In addition, he does not think putting back the mural is enough. We have created a new urban orchard. He would like to rename that urban orchard after Ms. Clemons because of her dedication and contribution to the City of Boynton Beach. Vice Mayor Hay stated that he agrees with the Mayor. Ms. Clemons grew up with his daughter. He thinks we all have learned a lesson through this endeavor. He would hope and pray that the City does not go back to facial recognition again. God forbid they commit a crime. We would not want to have that image of that person. He would like to see a memorial to recognize the contributions of our first black female Deputy Fire Chief. He thinks this has been a misfortune. Unfortunately, it is something that happened. He is proud of how the City has handled it so far. The City removed the mural immediately. The person in charge was fired. We have adjusted. He supports this wholeheartedly so that the City and Ms. Clemons can move forward. Commissioner Penserga commented that what happened to Chief Clemons was wrong. It was disgusting. Chief Clemons did not deserve any of it. What happened is an offense not just to her but to the whole community. We all know this to be true. He is looking forward to her being made whole and for all of us to move forward. He stated to Chief Clemons that he was sorry that this happened to her. He wants her to move forward. This is one chapter. It does not need to be the only chapter. He thanked her for everything she has done for the City. Commissioner Romelus stated that Chief Clemons is not just another former employee in the City, she is a friend. Chief Clemons is somebody that she considers a mentor that she looks up to. Ms. Clemons has set a precedent for what it looks like to be a black woman in this country. She is doing tremendously well because she has already landed amazingly well in her new role as the Fire Chief of Forest Park, Georgia. Commissioner Romelus does not think any amount of money can make the situation right or make Chief Clemons whole. We live in a Capitalistic society; the best way we can say we are sorry 18 Meeting Minutes City Commission Boynton Beach, FL October 19, 2021 is by giving these funds, but so much more should be said. Although this agenda item focuses on Chief Clemons, Chief Clemons was not the only person hurt in this situation. Former Fire Chief Glen Joseph and several other people were affected by these decisions made by people who were inconsiderate of the feelings and the long-term impact on these individuals. Not just by erasing their face but erasing their history, their impact, and their legacy. There is a lot to learn from this situation. It is not just that "let's not put faces on walls or murals again." As a community and as a society, we need to be aware of our cultural differences and biases. That is really what this is about. As a black woman who has been underestimated, underappreciated, and put in boxes that she did not belong, she understands full-heartedly the situation that Chief Clemons had to endure. She addressed Ms. Clemons and said that as a black woman speaking to another black woman, she stands on the shoulders of giants. This situation does not define her or any other black woman. Let this be a message to those who think it is okay to erase the history and the legacy that black women and black people have in this country. This will not stand. We will not allow for our hard work and our blood, sweat, and tears that we pour out every single day to make this country a community, we will not be erased. Motion Commissioner Romelus moved to accept the settlement of $100,000. Vice Mayor Hay seconded the motion. The motion passed unanimously. City Attorney Cherof stated he wants to be sure that it is clear that this settlement covers all claims pending or threatened. 13. Future Agenda Items A. Draft Ordinance for Disposition of City-owned Property. - November 2, 2021 B. Complete Streets Mobility Plan & Technical Report - November 2, 2021 C. 2022 Elections Services Agreement with the PBC Supervisor of Elections - November 2, 2021 D. Discuss process and estimated costs for a Recreation and Parks Bond Referendum Question in August 2022 - November 2, 2021 E. Building Department staff will present an update on the implementation of the new SagesGovsoftware for permitting and inspections - November 16, 2021 F. National Flood Insurance Program Community Rating System Update - November 16, 2021 G. Representatives from FIU will present the Diversity & Equity 19 Meeting Minutes City Commission Boynton Beach, FL October 19, 2021 Assessment of City Systems (InternalAssessment) - November 16, 2021 H. Sign Code Amendments - December 7, 2021 I. City lobbyist Mat Forest to give a preview of the 2022 State Legislative Session 2022 and discussthe City's annual Legislative Agenda. - December 7, 2021 J. Consultant Presentation of Housing Needs Assessment - December 7, 2021 K. Representatives of FIU will present the Racial and Social Equity Community Needs AssessmentFindings - January 18, 2022 L. City of Boynton Beach FY20/21 Strategic Plan Update and 5-Year FY 2022-2027 Strategic Plan Framework - January 18, 2022 M. Discuss disposition of vacant 3.62 acre parcel adjacent to Leisurevillle and west of SW 8th Avenue -TBD N. Discussion regarding adjusting traffic signal timing for pedestrians during off-peak hours. — TBD 0. Discuss Building Safety Inspection Program — TBD P. Proposed Ordinance No. 21-025. First Reading. Approve Development Agreement Ordinance. (Tabled from the September 21, 2021 City Commission Meeting.) - TBD A motion unanimously passed to add a Future Agenda Item for a discussion regarding asking Latosha Clemons if she would consider being honored via the Urban Orchard. 14. Adjournment There being no further business, Mayor Grant adjourned the meeting at 7:50 p.m. CITY OF BOYNTON BEACH Mayor - Steven B. Grant Vice Mayor— Woodrow L. Hay 20 Meeting Minutes City Commission Boynton Beach, FL October 19, 2021 Commissioner— Justin Katz Commissioner— Christina L. Romelus Commissioner—Ty Penserga ATTEST: C , tal Gibson, MMC, City Clerk .*1 Tammy Stanzi%ne, •e•uty Cit Clerk 21