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Minutes 11-02-21Minutes 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, November 2, 2021, at 5:30 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 Lori LaVerriere, City Manager James Cherof, City Attorney Crystal Gibson, City Clerk Mayor Grant called the meeting to order at 5:40 p.m. The meeting was delayed due to technical issues. Roll Call City Clerk Crystal Gibson called the roll. A quorum was present. Invocation by Pastor Chuck Brannon, Gateway Community Church The Invocation was given by Pastor Brannon, Gateway Community Church. Pledge of Allegiance to the Flag led by Mayor Grant Mayor Grant led the Pledge of Allegiance to the Flag. Agenda Approval: 1. Additions, Deletions, Corrections Vice Mayor Hay added Agenda Item 9B, an update on the Sara Sims Amphitheater under the City Manager's Report. Commissioner Katz added under Future Agenda Items, a discussion regarding the end date for the hybrid model of meetings given the declining severity of COVID, to be added to the next City Commission meeting. 2. Adoption 4T,1511=11 Vice Mayor Hay moved to approve the agenda as amended. Commissioner Katz seconded the motion. The motion passed unanimously. Meeting Minutes City Commission Boynton Beach, FL November 2, 2021 2. Other A. Informational items by the Members of the City Commission. Commissioner Katz stated that he had no disclosures. Commissioner Romelus disclosed that she attended the Piratefest. She thanked everyone that participated in making the event a success. She met with Brian Fitzpatrick regarding his property. Commissioner Penserga stated that he had no disclosures. Vice Mayor Hay stated he had no disclosures. He attended the Piratefest on Saturday and Sunday. He did note that November is American Indian Heritage Month. Mayor Grant disclosed that on October 21St, he attended the Palm Beach County Transportation Planning Agency's meeting. That afternoon, he attended the Boynton Beach Veterans Task Force meeting. On October 23rd, he attended the Boca Rockabilly Gala. On October 25th he met with Sara Barton of Ethic Events and Michael Oiner. He also attended the ribbon cutting at the Schoolhouse Children's Museum, celebrating 20 years. That evening he attended the Wastewater Treatment Board meeting. On October 26th and 27th, he attended the Florida Public Transportation Association and the Commission for Transportation Disadvantage Conference in Daytona Beach where he was nominated for the Elected Official of the Year for the State of Florida. On October 28th he participated in Read for the Record and attended the Palm Tran Service Board meeting. In the evening, he attended the Ribbon Cutting for Shaking Changes. On October 30th, he attended the Piratefest. Mayor Grant requested a timeline on the County's 561 Plan. 3. Announcements, Community and Special Events and Presentations A. Announcement by Gabrielle Favitta, Events Manager, regarding the First Friday @ 5 concert on November 5, 2021. Gabrielle Favitta, Events Manager, announced the First Friday @ 5 Concert on November 5, 2021. The Shane Duncan will perform they are a Southern Rock and Country band based out of South Florida. There will be line dancing class, children art activities and yard games for all ages. This is a family friendly free event that ends at 8 p.m. Mayor Grant inquired about the 3rd and 4th floor balconies and if they can be reserved. Ms. Favitta stated Ms. Krusell may know how to reserve the 3rd and 4th floor balconies. Meeting Minutes City Commission Boynton Beach, FL November 2, 2021 Commissioner Romelus asked about movie night. Ms. Favitta responded that movie night is the third Friday of every month. The next movie night will be on November 19th at 5 p.m. Harry Potter and the Sorcerer's Stone will be shown. Food trucks will be at the event. There will be children activities and attendees are encouraged to wear Harry Potter garb and join the costume contest. Commissioner Romelus inquired why the movie was starting at 5 p.m. when people are just getting out of work. Maybe the event can be started at 6 p.m. instead of 5 p.m. Eleanor Krusell, Director, Marketing and Events, commented that the event starts at 5 p.m. so that people who are downtown stay downtown and have opportunity to eat before the movie starts. There are activities for children and adults during the first hour. B. Announcement by Crystal Spears, Community Outreach Director for Habitat of Humanity of South Palm Beach County, regarding the Veterans Build Event on November 5, 2021. Crystal Spears, Outreach Director for Habitat of Humanity of South Palm Beach County, announced the Veterans Build Event on November 5, 2021. On November 5th, ten homes in the City will be painted and landscaped. Gayla Hill and Patrick Hart of the Community Standards Division have been wonderful to work with, identifying the homes that need repair. There are approximately forty City employees that will be participating in the event. She invited all veterans who are employed with the City to a luncheon on November 5th, at the Carolyn Sims Center. C. Veterans Day Ceremony Announcement by Kacy Young, Recreation & Parks Department Director, is scheduled for Thursday, November 11, 2021 at Tom Kaiser, USN, Boynton Beach Veterans Memorial Park starting at 12:00 p.m. Kacy Young, Director of Recreation and Parks, announced the Veterans Day Ceremony will be on November 11, 2021 at Tom Kaiser, USN, Boynton Beach Veterans Memorial Park starting at 10 a.m. The event will honor veterans of all branches of the Armed Forces. Also during the event, there will be special recognition to honor the 100th year anniversary of the Tomb of the Unknown Solider. For more information on the event, contact the Recreation and Parks Department at 561-742-6650 or visit the City's website at www.Boynton-beach.org. Mayor Grant inquired about the different start times of the event. Mr. Young replied that the event was scheduled for Noon. Unfortunately, due to unforeseen circumstances, the event was rescheduled to 10 a.m. Mayor Grant stated he would like to have a City representative at the Veteran Task Force meetings. He asked Ms. Krusell to update the newsletter with the correct time. D. Citation recognizing Dr. Dwight Reynolds and Centers for Health Promotion, LLC for their partnership in the vaccination events hosted Meeting Minutes City Commission Boynton Beach, FL November 2, 2021 by the City on September 18 and October 16, 2021. Dr. Reynolds accepted the citation. He thanked the City Commission and the City Manager for the citation. He stated he does not seek recognition, he just does his job as a doctor. By having open conversations with people regarding the vaccination, he has been able to convert a large number of people to be vaccinated. He is happy to come back to Boynton and do another vaccination event. Mayor Grant stated that there are still gift cards available so there needs to be another vaccine event. He does not believe the gift cards can be given to people under the age of 18. Lori LaVerriere, City Manager, stated that gift cards were given to children and their families. Vice Mayor Hay complimented Dr. Reynolds on a job well done. E. Citation recognizing Pathways to Prosperity for their partnership in the vaccination events hosted by the City on September 18 and October 16, 2021. Kemberly Bush, Executive Director of Pathways to Prosperity, accepted the citation. She thanked the City, Dr. Reynolds, his strike team, her staff at Pathways to Prosperity and volunteer nurse Janine Town. It was a wonderful event to come together on behalf of the community. F. Proclamation recognizing the month of November as Family Court Awareness Month. Lisa Browne-Banic of Families Against Court Travesties (FACTS) and Tina Swithin of One Mom's Battle will accept the proclamation. Lisa Browne-Banic, Families Against Court Travesties (FACTS), accepted the proclamation. She stated that FACTS is a coalition of family court victims and activists created in 2003. FACTS is concerned that the court systems are harming the children by treating them as property. FACTS is seeking awareness and change in the family court system. Over 100 children this year have been murdered by a parent after the court rejected the other parent's plea for protection. FACTS has been instrumental in removing judges from the bench. Mayor Grant commented that not all judges understand what it means to be a family court judge. He believes there needs to be additional education for family court judges. G. Proclaim the month of November as National Family Caregivers Month. Ricky Petty, Project Director for Healthier Boynton Beach, will accept the proclamation. Ricky Petty, Project Director for Healthier Boynton Beach, accepted the proclamation. Meeting Minutes City Commission Boynton Beach, FL November 2, 2021 He thanked the City for recognizing November as National Family Caregivers Month. Mr. Petty encouraged all to thank a caregiver. On November 9t" I Healthier Boynton Beach will be hosting a luncheon for caregivers at Benvenuto's. For more information, please contact him at 561-635-8785 or by email at ricky(a-)htpdc.org. Mayor Grant requested that Item 9A, "Announce the 2021 recipient of the Tim Howard Excellence in Public Service Award", be heard before Public Audience. Motion Commissioner Romelus moved to approve the agenda as amended. Vice Mayor Hay seconded the motion. The motion passed unanimously. Mayor Grant announced that Gail Mootz is the 2021 recipient of the Tim Howard Excellence in Public Service Award. City Manager LaVerriere stated that in addition to receiving this award, Ms. Mootz's name will be placed on a plaque in the lobby of City Hall. Ms. Mootz will also be receiving a check for $1,000 from the City's donation account that is provided by Christ Fellowship Church. She stated that Mr. Howard had tremendous respect for Ms. Mootz. Gail Mootz, Project Supervisor, thanked everyone for the award. Mayor Grant was pleased that the City was able to honor her this year after all of the hard work she put into moving City Hall twice in one year. 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, stated that Commissioner Penserga is no better than the state governments of Texas, Georgia, and Florida. They have passed laws that suppress voting. He said that Commissioner Penserga did not have the decency to provide an actual effective date in his resignation and that his ambiguous letter of resignation shows how narcissistic he is. He claimed that because of him and him alone, District IV will not have an election in March of 2022. He asked Commissioner Penserga what gives him the sole right to decide how the residents of District IV will have a Commissioner chosen. He exclaimed that the Commissioner was selfish and his self- serving decision is shameful. He said that his desire to stay in office to the very end shows how he wants to influence matters that may affect special interests, developers, and organizations that may help with his campaign. He stated that the Commissioner tries to come across like he is all that and a bag of chips and that he pontificates to sound like he cares. He said he is the puddle at the end of the light. He added that 5 Meeting Minutes City Commission Boynton Beach, FL November 2, 2021 maybe the Commissioner can explain why he decided to prevent an election in District IV. On March 8, 2022, voters of District I and District III will vote for a new Mayor and new Commissioners to represent them. He stated that because of Commissioner Penserga's egregious decision, the voters in District IV will only be able to vote for Mayor. Commissioner Katz stated that he wishes Commissioner Penserga the best in his election and he looks forward to voting for him. He said that Commissioner Penserga is a great elected official who was elected twice by the voters in your District. Mayor Grant stated he sees why Commissioner Penserga won both elections. Vice Mayor Hay stated that what Commissioner Penserga is doing is not outside of the law. Commissioner Romelus said that she agreed with all of the Commission's sentiments. Sheldon Fishkin, 1819 Sunglow Street, commented that he was informed that the customer is responsible for paying their utility bill even if they did not receive one. He feels that the City should not be holding the resident responsible for not paying their bill and charging them a late fee. The policy should be changed for the elderly who have a difficult time understanding these things. City Manager LaVerriere confirmed Mr. Fishkin's address and stated that she would look into the issue. Ramona Young, 101 S. Federal Highway, stated that Chief Clemons deserves more than just the settlement. Chief Clemons deserves a written apology from the City. Ms. Young attended the last meeting virtually. She said she had raised her hand to comment on the subject and was not recognized. Mayor Grant admitted that it was his fault for not seeing her hand raised. Whitewashing the mural of Chief Clemons hurts her heart. How the City treated Chief Clemons after working for the City for 20 years is despicable. She is outraged, angry, and hurt. Mayor Grant stated that he did make a private apology to Chief Clemons. The City Manager issued an apology in June of 2020. He appreciated Ms. Young's comments, and she is correct the City does need to do more for Chief Clemons. Ernest Mignoli, 710 NE 7th Street, stated that the public should know the details regarding racism and drug use in Boynton. Racism and bias in a city like this; the City is involved in so many cases, yet they do not talk about it. He asked the Mayor and the City Attorney for their state license numbers to file a complaint against them. He claimed that neither of them provided that information. He claimed that the Mayor was involved with his neighbors who left a threatening letter on his door. He claimed that the Police Department refused to take the letter. Meeting Minutes City Commission Boynton Beach, FL November 2, 2021 Pastor Rae Whitely, 239 NE 12th Avenue, stated that he would like to go on record speaking on behalf of the Coalition of Clergy. Latosha Clemons is a hero in Boynton Beach. He agreed with Ms. Young it was painful for everyone to be a part of that. The City needs to do something to honor the first black woman firefighter in Boynton Beach. How can the community be part of the memorialization of Chief Clemons? Mayor Grant stated that there will be a discussion on the consideration of naming the Urban Orchard after Chief Clemons. The Commission will do what they can to make things right. Pastor Whitely inquired how will the ideas on memorializing Chief Clemons from the community be collected. Mayor Grant responded that the City is open to all options. Ideas from the community are welcome during public audience or by email to the Commission. 6. Administrative A. Appointment of eligible members of the community to serve in vacant positions on City advisoryboards. Motion Commissioner Romelus nominated Hector Velazquez as a regular member to the Art Advisory Board. Commissioner Penserga seconded the motion. The motion passed unanimously. Motion Commissioner Penserga nominated Sean Conklin as a regular member to the Recreation and Parks Advisory Board. Commissioner Romelus 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 comments A. Legal Expenses - September 2021 - Information at the request of the City Commission. No action required B. Proposed Resolution No. R21-144 - Authorize the City Manager and Police Chief to sign all documents associated with the acceptance and grant 7 Meeting Minutes City Commission Boynton Beach, FL November 2, 2021 agreement for the Florida Department of Transportation (FDOT) Speed and Aggressive Driving grant subject to the approval of the CityAttorney. C. Proposed Resolution No. R21-145 - Authorize the City Manager and Police Chief to sign all documents associated with the acceptance and grant agreement for the Florida Department of Transportation (FDOT) Impaired Driving grant subject to the approval of the City Attorney. D. Proposed Resolution No. R21-146 - Authorize the City Manager and Police Chief to sign all documents associated with the acceptance and grant agreement for the Florida Department of Transportation (FDOT) Motorcycle Safety grant subject to the approval of the City Attorney. Mayor Grant and Vice Mayor Hay pulled Items 8, C, and D. Vice Mayor Hay inquired about the significance of each of the FDOT Grants Mayor Grant asked that Chief Gregory address all three at once and the Commission will vote on each one individually. Michael Gregory, Police Chief, stated that these are annual grants and we are honored to have opportunity to win these grants again. These grants will supplement traffic enforcement within the City limits. The FDOT Speed and Aggressive Driving grant will allow the Police Department to target locations known for speed and aggressive driving. FDOT Impaired Driving grant will allow the Police Department to target locations known for DUls. The FDOT Motorcycle Safety grant is new to the City. The grant will allow the Police Department to target locations known for motorcycle accidents or complaints of motorcycle traffic violations. Mayor Grant inquired about vehicles that do not have proper lighting. Does the grant allow the Police Department to enforce that violation? Chief Gregory replied that they all do indirectly although each grant is designed to target these particular problems. Once we are in the area, we can do education enforcement for any violation that the Officer observes. W,1511=11 Vice Mayor Hay moved to approve Proposed Resolution No. R21-144. Commissioner Penserga seconded the motion. The motion passed unanimously. Motion Commissioner Penserga moved to approve Proposed Resolution No. R21-145. Vice Mayor Hay seconded the motion. The motion passed unanimously. Motion Meeting Minutes City Commission Boynton Beach, FL November 2, 2021 Vice Mayor Hay moved to approve Proposed Resolution No. R21-146. Commissioner Romelus seconded the motion. The motion passed unanimously. E. Proposed Resolution No. R21-147 - Approve piggy -backing the GSA Contract Number GS- 07F-173GA for the purchase of ethernet cable installation services from Broadcast Systems, Inc., of Pompano Beach, FL in the amount not to exceed $50,000.00 and authorize the City Managerto sign the Piggy -back Contract with Broadcast Systems, Inc. F. Proposed Resolution No. R21-148 - Approve and authorize the City Manager (or designee) to apply for the State permit necessary to temporarily close Federal Highway on Saturday, December 4th, for the 50th Annual Holiday Parade. Vice Mayor Hay pulled the item Vice Mayor Hay asked for an update on the preparation for the City's 50th Annual Holiday Parade. Ms. Krusell commented that the 50th Annual Holiday Parade is scheduled for Saturday December 4th starting at 4 p.m. The application to participate in the parade is available on www.boynton-beach.org/parade. The community is asked to help select a Grand Marshall for the parade. The individual can be someone who lives or works within City limits and who has helped out or assisted a fellow resident during the pandemic. For a complete list of holiday events in Boynton Beach, go to www.HolidaysInBoynton.com. We encourage our partners to submit free public marketing events for consideration and a placement on the City website. Vice Mayor Grant inquired if there has been good participation from the high schools. Ms. Krusell replied that they reached out to the high schools prior to making a decision to have the parade and the feedback was positive. Motion Commissioner Romelus moved to approve Proposed Resolution No. R21-148. Vice Mayor Hay seconded the motion. The motion passed unanimously. G. Approve minutes from the October 19, 2021 City Commission meeting. Motion Commissioner Romelus moved to approve the remainder of Consent Agenda. Vice Mayor Hay seconded the motion. The motion passed unanimously. 7. Consent Agenda Bids and Purchases of $100,000 Meeting Minutes City Commission Boynton Beach, FL November 2, 2021 A. Approve the purchase of these thirty-eight (38) replacement vehicles as approved in the FY21-22 budget for an estimated amount of $2,496,474 by utilizing the following contracts: Florida Sheriffs Association, FSA20- VEL28.0, FSA20-VEH18.0, Sourcewell contract #031121-TTC, and Sourcewell contract #060920 -NAF. The Florida Sherriffs and Sourcewell contracts complies withthe City of Boynton Beach procurement requirements. Mayor Grant pulled the item. Mayor Grant stated that he is happy that the City is using fuel efficient vehicles. He hopes that the City is on the waiting list for the electric trucks that will be released soon. Motion Commissioner Katz moved to approve Item 7A. Vice Mayor Hay seconded the motion. The motion passed unanimously. B. Proposed Resolution No. R21-149 - Approve the ranking as recommended by the Evaluation Committee and Authorize the City Manager to sign an agreement with Ferreira Construction Company, Inc. of Hobe Sound, FL as a result of RFP No. 090-2511-21 for Harvey E. Oyer, Jr. Park Marina Boat Ramp Improvement Project (Re -Bid) in the amount of $1,155,856.00. Vice Mayor Hay pulled the item. Vice Mayor Hay inquired when the boat ramps will be closed. Kevin Ramsey, Senior Project Manager, responded that the boat ramps will be closed for two months. He does not have the hard dates yet. He is thinking mid-January through early March of 2022. Vice Mayor Hay asked if the other two boat ramps will be assessable during construction. Mr. Ramsey stated that the boat ramp will be completely shut down, which will give the City opportunities to do other things around the park. Mayor Grant inquired if the boat permits are being issued at the same price. Kathryn Matos, Assistant City Manager, stated that the City is prorating the permits for the year, which will be minus two months for the closure. Motion Commissioner Katz moved to approve the remainder of Consent Bids and Purchases over 10 Meeting Minutes City Commission Boynton Beach, FL November 2, 2021 $100,000. Vice Mayor Hay 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. Announce the 2021 recipient of the Tim Howard Excellence in Public Service Award. Item was heard before Public Audience. B. An update on the Sara Sims amphitheater. Mr. Ramsey stated that construction on the amphitheater started on August 30tH Currently there is no construction happing at the amphitheater. He explained that they are waiting for the railings and shutters to be delivered. Once they are delivered and installed, the completion date will be December 15tH Vice Mayor Hay inquired about the height between the slab of concrete on the bottom to the top of the stage. Mr. Ramsey stated that height is 30 inches. He said they originally wanted to do 36 inches, but to meet ADA requirements a lot more space would be needed. Vice Mayor Hay asked how many outlets are on the platform. Mr. Ramsey replied there are five boxes with 10 outlets. The boxes can hold 20 amps each. Mayor Grant inquired about the total number of amps that will be available. Mr. Ramsey stated it is 100 amps worth of service. Vice Mayor Hay commented that anyone who wants to use the amphitheater would have to go through the City. 10. Unfinished Business 11. New Business Meeting Minutes City Commission Boynton Beach, FL November 2, 2021 A. Proposed Resolution No. R21-150 - Adopt the Boynton Beach Complete Streets Mobility Planand Mobility Fee Technical Report. Amanda Radigan, Principal Planner and Jonathan Paul, Nue Urban Concepts, gave a presentation on Boynton Beach Complete Streets Mobility Plan and Mobility Fee Technical Report. Commissioner Romelus asked what does LRTP stand for. Jonathan Paul, Nue Urban Concepts, responded that LRTP stands for Long Range Transportation Plan that is prepared by the Palm Beach County Transportation Planning Agency. It projects out into the future what the community's roadway needs are, what the bicycle needs are, sidewalk needs and also transit needs within the community. There is a lot of community input that goes into that plan. Commissioner Penserga inquired about the justification to collect $30 million from the City and only bring $1 million back into the City. Mr. Paul responded that it was in 2016 when our report was done on a restaurant in downtown West Palm Beach and its assessment on mobility and road impact fees. He thinks the restaurant was going to be assessed $154,000 for basically just remodeling the interior of an existing building. After that, the Downtown Development Authority in West Palm Beach took a pretty broad look into how the County is collecting its money and how it is spending its money. There were some big disparities. Delray Beach and Boynton Beach are number 1 and 2 within the community where a large portion of the money was being collected by the County and spent in the western suburbs. Communities started to question why is that? Also, a lot of communities especially east of Interstate 95 throughout the County, there are only a handful of road capacity projects that are needed, and to the extent they are needed, they are largely state roads, not County roads or city roads. Palm Beach Gardens and the City of West Palm Beach started in 2016, developing a Mobility Plan and mobility fee, primarily to address the County's collection of money, the lack of road projects in the city, but a significant need for multimodal projects. Boynton Beach in 2018, started the process to look at it and as we looked further and further into the details, that is when the stark reality came out about how much money the City is missing out on and how little of it has been invested back in this community. There are several communities in Palm Beach County that are going through this right now. The County is not necessarily going away lightly. They have sued Palm Beach Gardens. It is something a lot of cities are questioning and struggling with. There are communities that are looking at Boynton Beach and looking at Palm Beach Gardens and West Palm to move forward and to come up with a different way. Ms. Radigan added that the County has zones called benefits zones. Money collected within the City can be spent anywhere within the benefits zone. Boynton Beach's benefit zone does stretch from the east coast to the other side of the County. The County's benefit zones include much more than just the City of Boynton Beach. 12 Meeting Minutes City Commission Boynton Beach, FL November 2, 2021 Commissioner Penserga inquired who determines the benefit zones and how can they be changed. Mr. Paul replied that when the County first started doing fees in the late 1970s early 80s, there were 41 zones in Palm Beach County. In 2011, they reduced the zones to 14. Then in 2005, they reduced the zones down to five. Therefore, the zones continued to get bigger and bigger, allowing them greater flexibility to spend money within that zone. The City zone goes all the way out to the urbanized area of Western Palm Beach County. It is a large zone. The funds can be spent anywhere in there. Questioning the updated zones will be a challenge. The City can avoid this challenge by adopting a mobility plan and a mobility fee to keep money local. Commissioner Penserga asked if the mobility fee is an addition to or a replacement of the road impact fee. Mr. Paul stated that it is intended to replace the County's roadway impact fee. Commissioner Penserga inquired what authority does the City have to do that. Mr. Paul replied that Florida Statute provides local governments the opportunity to adopt an alternative mobility funding system. Such as a mobility fee, you have to have a mobility plan to do that. In essence, Palm Beach County is challenging Palm Beach Gardens whether or not the statute does or does not permit that. That is a challenge and an issue that goes before the courts. Hopefully, there is some resolution. Commissioner Penserga inquired about the current status of the West Palm Beach Downtown Authority and the challenge of the lawsuit with Palm Beach Gardens. Mr. Paul responded that West Palm Beach Downtown Authority is waiting for the outcome of the lawsuit with Palm Beach Gardens. Commissioner Katz noted that Mr. Paul stated that Boynton and Delray are the two worst in terms of the disparity of payments versus return. The City did get $1 million back on $30 million, that is 3%. What does the average municipality get back? Are they getting back 10, 20, 40 versus the City's 3%? Mr. Paul stated that it varies. Palm Beach Gardens got back what it put in. Jupiter received more back than what they put in. It does depend on which area of the community. Boca and West Palm both received 35% back of what they put in. Delray contributed $23 million and their return was approximately $2 million. The return has not been uniformed within Palm Beach County. Commissioner Katz inquired about the funds the County receives. Are they used purely for County roadway improvements or are there instances where these funds are used to 13 Meeting Minutes City Commission Boynton Beach, FL November 2, 2021 offset the costs of development and developers' costs? If a developer had to adjust a County roadway west of the City, would this be an enticement or subsidy from the County? Mr. Paul responded not directly. The County does charge a uniform road impact fee throughout the whole County. What that uniform rate says is traveling downtown Delray or downtown Boynton is the same as out in the suburban part of the community. Part of the back and forth is the County using monies collected from the cities to keep the fee lower in the western portion of the County, or that has the greatest roadway needs. Commissioner Katz commented that it is painful enough to just simply look at the ratio under return, but then to know that it might be used to offset costs of private enterprises that are seeking profit through development of no benefit to the City. That is just salting the wound that it might be being used as a subsidy of some sort indirectly or directly. Mayor Grant commented that he knows that the City has the worst return on impact fees. Are there other cities that are worse than Boynton Beach? Mr. Paul stated that there are a lot of communities throughout Florida that have this issue. He has yet to see a municipality as this is extreme. Boynton Beach is an extreme example. It would not be extreme statewide, it certainly is extreme in Palm Beach County. Mayor Grant inquired about the successful cities in the State of Florida. Has a city won the lawsuit against a county, allowing the city to have mobility fees? Mr. Paul stated that except for Palm Beach County most counties have come to an agreement with their municipalities in terms of either revenue, cost-sharing, or funding of county improvements as part of the city's plan. Palm Beach County has taken a different approach and moved forward with the suit. Commissioner Romelus inquired about the potential developments that are coming to the City. Is there any way that the City can cease having to pay out those impact fees with the understanding of the injustice that has been committed against the City for the last few years? Mr. Paul stated that he would have to talk further with the City's counsel. He does not want to get into the details, yet there are venues available that would have to be discussed with legal counsel. Commissioner Penserga asked is the County is willing to develop alternatives? Mr. Paul replied that the County stated no. The City Manager has reached out to see if there are some options available. City Manager LaVerriere commented that the City and the County will be discussing 14 Meeting Minutes City Commission Boynton Beach, FL November 2, 2021 compromise or perhaps alternatives. Commissioner Penserga stated it is his understanding that for the City to move forward, there will be a lawsuit. Mr. Paul remarked not necessarily. Commissioner Penserga questioned if a private developer can specify how the funds are spent. Mr. Paul replied that in general, if the developer made a compacity improvement occurred on a County facility, the developer could request credit from the County. Commissioner Penserga inquired how would that work? Mr. Paul stated the improvements would have to be identified in a plan such as the Capital Improvement Program or a long-range transportation plan. Except for High Ridge and Minor, there are not a lot of projects identified for road capacity. A private developer can always request a credit. It has been done in the past. It would have to be the decision of the County to whether or not to grant credit. Commissioner Penserga inquired if the road improvements are required to be adjacent to the project. Mr. Paul replied the issue is when you have media adjacent to the project, they consider that a slight impact, not external capacity. They will not give site -related improvements. If it benefited the community and provided capacity beyond the developer's project, the developer certainly can request credit. Commissioner Penserga stated that he is looking for a solution or an alternative. Could the City make a requirement of the developers to request that the County makes certain road improvements within the City? Mr. Paul commented you can also ask the development community where is the money being spent. Then the developers themselves could mount the challenge to the County. Commissioner Katz asked what is the county's legal objection to Gardens, West Palm, and potentially ours? If there is a statutory parallel route to take, what is their argument that the parallel route being exercised by Gardens or West Palm or us is not permissible under state law? Mr. Paul replied that the County Charter gives them the right to establish level of service standards on County roads and to collect County road impact fees throughout the County. They are stating their charter authority charter gives them the right to do so. 15 Meeting Minutes City Commission Boynton Beach, FL November 2, 2021 Commissioner Katz questioned if someone prevailed in this effort in Palm Beach County and the argument from the challenging party is our Charter says this. It is essentially a ruling in a city's favor. Your Charter is inconsistent with State law, which supersedes the County Charter. City Attorney Cherof stated that there is a recent pleading in the Garden's lawsuit that would be very informative for the Commission to read, which sets forth the County's position regarding the authority or the power of their Charter over what is being proposed by the cities that are engaged in litigation. Mayor Grant commented that the City can still move forward with the mobility fee. It is just that the City cannot touch their impact fee. The City cannot state that the money that is collected for impact fees. One of the things the City can do, as a developer of the Town Square project is to ask them to prove the nexus. City Attorney Cherof stated that is part of it. Their position is that they are going to collect their fee. If the City wants to collect a mobility fee that is just going to be a supplemental fee. If you think of the end result of that the developers here will be paying two sets of fees if the County is right about the balance of power issue. Commissioner Katz noted that it would be a similar situation to how we pay for Fire and Police, where residents of our City remit taxes to the County that pay for PBSO and County Fire while simultaneously footing the bill. The City would be forced to double tax if that was the route to take. City Attorney Cherof stated another example would be that the residents in Boynton pay to the School Board fees that are spent to build schools in other parts of the County as well. Vice Mayor Hay commented that would be like double dipping. Is this the best practice? Mayor Grant noted that the County is a chartered County and has different rates versus a non -chartered County according to Florida Statutes. That is an aspect of Florida Constitutional Law that the Commission really should not be getting too much into at this meeting. However, if the Commission is so inclined, that the City look into filing a lawsuit against the County preemptively asking them to prove the nexus. The hundreds of thousands of dollars that the City spent in order to build chambers and other buildings. The City would have to have them prove the nexus that the money our impact fees that are paid to them actually benefits us as the developer. City Attorney Cherof commented that these issues being raised are issues that the City administration and consultants to the City have been exploring for quite some time. There are a lot of options available. The item tonight is not to make decisions regarding what type of litigation to engage in, or to threaten, but to move the Complete Streets Mobility Plan a step forward to position it for adoption by ordinance. Sometime in the near future, 16 Meeting Minutes City Commission Boynton Beach, FL November 2, 2021 we will have the benefit, or the outcome of the Gardens' case at that particular time. And that will certainly influence the kinds of choices the Commission would make to decide what to do about trying to get a better deal for the City. As the City Manager has pointed out, she will be engaged in that same process with the County Administrator. Commissioner Penserga asked when will the Gardens be going to trial? City Attorney Cherof replied that they are at trial now. Mr. Paul stated that he believes trial ends on Friday. He does not know when the judge will provide a ruling. City Attorney Cherof stated that the outcome of that trial which was on an injunction issued in the case may not be dispositive to all of the issues that could be reached and in other litigations. It may answer some of the questions; it may not answer all of them. Mayor Grant commented that the Gardens' stopped remitting payments to the County. The legal question is Palm Beach Gardens allowed to stop paying the County based upon their mobility ordinance, not whether their mobility ordinance is valid. Commissioner Romelus inquired what would happen if the City stopped paying the fee to the County? Mr. Paul stated if the City moves forward with an ordinance, upon the effective date of adoption, the City can stop paying the impact fee. Commissioner Romelus asked for clarification on blue improvements. What exactly is going to take place? Will pesticides be used? Ms. Radigan replied the improvements will be adding additional crossings to the blue ways and recreational launches. It is not clearing out the greenery. Commissioner Romelus stated that she would like to see Jaycee Park added to the list. Commissioner Romelus asked what roads make up the demarcation line? Mr. Paul replied that the line consists of Congress Avenue to the west including the mall. The area that jogs out from that straight line is Congress Avenue and then north of Boynton Beach Boulevard, it follows one of the canals. Mayor Grant asked does that mean the City cannot do mobility and infrastructure on the westside? Mr. Paul replied that the mobility fee assessment area is where mobility fees are assessed on new development at the building permit stage. Mobility Fee Benefit District is where the money can be spent. That is the issue currently with the County. Their district spreads all the way out to the very western extent of the urbanized area of the County. What we 17 Meeting Minutes City Commission Boynton Beach, FL November 2, 2021 propose is that the City would be included in the Benefit District. Folks that are in the City do not necessarily stop right at City limits or stop at the mobility fee assessment area. There is travel outside of that. We are providing the City's flexibility to spend money outside of the assessment area. One thing we are doing, as part of the ordinance, is requiring that they have to make a written finding of why that is being spent outside the assessment boundaries, to provide a check and balance. To the extent that there is a mobility benefit provided, it could be spent outside those limits. We do want to require analysis and documentation that says why you can do so. The intent is the assessment area would be the primary area where the fees are spent. There may be an instance outside of that area within the City that you would want to spend funds. Khurshid Mohyuddin, Principal Planner for Palm Beach County, stated that he is defending the County. The County has submitted a written letter objecting to any attempt by the City to recede the County's road impact fee. The County strongly believes that such an attempt would be illegal. A municipality cannot unilaterally refuse these laws pursuant to the County Charter. The County wants it to be clear that it is not opposed to the City's mobility plan and fee, only if it is implemented in addition to the County's impact fee and traffic performance standard ordinance. Mr. Mignoli complained that he could not hear the discussion. He said he feels waiting an hour to allow the audience to ask questions is too long and he believes the Commission should not be voting on this matter. Commissioner Romelus inquired about the timeline. Ms. Radigan stated that the timeline has not been finalized. Staff is prepared to start the adoption of the ordinance in January or February, then final approval and adoption in March. Commissioner Romelus remarked this is much more than how the County has done the City an injustice. How does the County explain our bottom line to our residents and the disservice done to them, to the developers who have contributed millions of dollars to their coffers? How does the County explain the lack of expended funds within City limits? How do we plan for the future and make sure that we accommodate the growth that we cannot stifle? What the Commission does now will affect residents 20 years from now. She believes that this is the right direction to take. Ms. Young recalled the road improvements that were made to Federal Highway. She does not understand why those improvements were not made along Boynton Beach Boulevard. Mayor Grant replied that Boynton Beach Boulevard is a State road and is part of FDOT improvement plan over the next five years. Vice Mayor Hay inquired if a building is expanded, can the City get the funds that are 18 Meeting Minutes City Commission Boynton Beach, FL November 2, 2021 designated for the particular benefit zone? Ms. Radigan responded that when the County collects the impact fees, by right they can spend their money according to their rules anywhere in the benefit zone. Vice Mayor Hay asked if impact fee credit has ever been used within Palm Beach County? Ms. Radigan replied that impact fee credit is for the developer to petition that his improvements be credited towards his impact fee. Commissioner Romelus stepped away from the dais at 8:30 p.m. Ms. Radigan gave a brief history on the process that developed the Complete Streets Mobility Planand Mobility Fee. Commissioner Penserga inquired if anyone from the business community has taken a position on this. City Manager LaVerriere stated she believes that the Economic Council of Palm Beach County supports the Gardens. Ms. Radigan commented that chambers has written letters of support for the mobility fee implementation for Palm Beach Gardens. The PPA has also written a letter of support for some of the initiatives. City Manager LaVerriere commented that staff will be presenting this to the Chamber as well as the Government Affairs Committee. Commissioner Katz thanked Ms. Radigan and Mr. Paul for the abundance of information that they provided. Motion Commissioner Katz moved to approve Proposed Resolution No. R21-150. Vice Mayor Hay seconded the motion. The motion passed unanimously. 12. Legal A. This item is an update on the status of the City's participation in the opioid litigation settlement. City Attorney Cherof stated that one of the steps to complete this process is to register the City to participate in the process. The Mayor did sign on behalf of the City and there will be additional updates. The next update will be available for the next meeting or the first meeting in December. There is approximately $26 billion at task on a national basis. 19 Meeting Minutes City Commission Boynton Beach, FL November 2, 2021 Those funds will be divided amongst the states that participate. Mayor Grant inquired if the City filed a lawsuit. City Attorney Cherof stated the City did not file an independent action. The class action suit is where the money is being provided. Commissioner Romelus returned to the dais at 8:37 p.m. Motion Commissioner Katz moved to approve. Vice Mayor Hay seconded the motion. The motion passed unanimously. 13. Future Agenda Items A. Climate Action Plan Annual Update. - November 16, 2021 B. National Flood Insurance Program Community Rating System Update - November 16, 2021 C. Discuss process and estimated costs for a Recreation and Parks Bond Referendum Question inAugust 2022 - November 16, 2021 D. Draft Ordinance for Disposition of City -owned Property. - November 16, 2021 E. Representatives from FIU will present the Diversity & Equity Assessment of City Systems (Internal Assessment) - November 16, 2021 F. Sign Code Amendments - December 7, 2021 G. 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 H. Consultant Presentation of Housing Needs Assessment - December 7, 2021 School Board Member Erica Whitfield to present report on the state of education to the CityCommission. -January 4, 2022 J. FIU Presentation of Racial and Social Equity Community Needs Assessment Findings - January18, 2022 K. City of Boynton Beach FY20/21 Strategic Plan Update and 5 -Year FY 20 Meeting Minutes City Commission Boynton Beach, FL November 2, 2021 2022-2027 Strategic Plan Framework - January 18, 2022 L. Building Department staff will present an update on the implementation of the new SagesGov software for permitting and inspections - January 2022 M. Discuss disposition of vacant 3.62 acre parcel adjacent to Leisurevillle and west of SW 8thAvenue -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 Q. Proposed Ordinance No. 21-026 - Second Reading. 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. - TBD R. Mayor Grant has requested a discussion regarding asking Latosha Clemons if she would considerhaving an Urban Orchard named after her. - TBD Mayor Grant requested that approval for travel to Palm Beach County Days be added to the next agenda. City Manager LaVerriere stated that five registrations will be completed for the Commission. Mayor Grant stated that according to Florida Statute, in any action challenging an impact fee of the government's failure to provide required dollar -for -dollar credits for the payment of impact fees as provided, the government has the burden of proof proving by a preponderance of the evidence, which is more than 51 %, that the imposition or amount of the fee or credit meets the requirements of the state legal precedent. And this section, the Court may not use a different standard for the benefit of the government. So this is something that the City as a developer, within the past few years, he believes, can challenge the nexus where the City does not necessarily have to worry about the County suing for an injunction because they have to prove that they are allowed to collect an impact fee for the widening of our roads where it will be difficult for them to have that rational nexus based upon the numbers that we got of the amount of money collected and the amount of money spent. He stated that he would like to put this on future agenda to discuss the estimated cost of filing the lawsuit. 21 Meeting Minutes City Commission Boynton Beach, FL November 2, 2021 City Manager LaVerriere suggested putting the discussion on the next agenda. Mayor Grant stated that he would like to have a consensus from the Commission. He noted that he received a couple of thumbs up and a nod. City Manager LaVerriere stated it would be on a future agenda, date to be determined. Mayor Grant commented it could be the next meeting or the meeting in December to bring back the information of the filing of a lawsuit and the last item to be added to future agenda is a discussion on hybrid meetings and an end date. 14. Adjournment There being no further business, Mayor Grant adjourned the meeting at 8:41 p.m. ATTEST: Cr stat Gibson, MMC City Clerk 22