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Minutes 02-15-22Minutes 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, February 15, 2022 at 5:30 P.M. Present: Mayor Steven B. Grant Vice Mayor Woodrow L. Hay Commissioner Ty Penserga Commissioner Justin Katz (arrived at 5:39 p.m.) Absent: Commissioner Christina L. Romelus 1. Openings A. Call to Order - Mayor Steven B. Grant Mayor Grant called the meeting to order at 5:31 P.M. Roll Call Lori LaVerriere, City Manager James Cherof, City Attorney Crystal Gibson, City Clerk City Clerk Crystal Gibson called the roll. A quorum was present. Invocation by Amalie Ash, First Presbyterian Church The Invocation was given by Amalie Ash, First Presbyterian Church. Pledge of Allegiance to the Flag led by Vice Mayor Woodrow L. Hay Vice Mayor Hay led the Pledge of Allegiance to the Flag. Agenda Approval - 1 . pproval: 1. Additions, Deletions, Corrections Lori LaVerriere, City Manager, noted the Community Meeting will now be held on March 3, 2022, from 6:00-8:00 p.m. in the sanctuary of St. John Missionary Baptist Church, 900 N. Seacrest Blvd., Boynton Beach, Florida. A facilitator will be present for the conversation. She stated they will be issuing revised public notices. Commissioner Penserga added a request to allocate $1,000 of his Community Support Funds to the Boynton Beach Little League. *Common terminology that may offend people is noted with asterisks. Meeting Minutes City Commission Boynton Beach, FL February 15, 2022 2. Adoption 4T,1511=11 Commissioner Penserga moved to approve the agenda as amended. Vice Mayor Hay seconded the motion. The motion passed unanimously. 2. Other A. Informational items by the Members of the City Commission. Commissioner Penserga disclosed that he attended the Community Meeting on Riviera Drive. He noted approximately fifty people turned out. He had a phone conversation with Bradley Miller. Vice Mayor Hay disclosed he met with Bradley Miller about the WXEL request. He attended the Palm Beach County Day in Tallahassee and attended the League of Cities Workshop. He also attended the Friday Flicks on February 4th, and the Barrier Free event. Mayor Grant presented the Community Award to the Christa McAuliffe Middle School on February 2nd. That evening, he attended a Mayor's Debate in Gulf View Harbor. On February 3rd, he attended Boynton Beach Community High School's Nonprofit Scholar Career Coaching. On the evening of February 3rd, he attended the Community Meeting at Snug Harbor. On February 4th, he met with Jeff Barnes of Affiliated Development and attended the Go Red Health Expo sponsored by the National Coalition of Black Women. On February 6th, he attended the Immortal Four Chaplains ceremony at the Tom Kaiser Memorial Park. On February 11th, he attended the Magic Wheels and Special Deals and ran the Barrier Free 5K. He spoke with Bradley Miller and received multiple emails about the 1320 S. Federal Highway project. 3. Announcements, Community, and Special Events and Presentations A. Announcement by Tess Lacroix, Grants Manager, regarding funding awarded ($16.5M) through the Department of Economic Opportunity's "Rebuild Florida Mitigation General Infrastructure" Program. Tess Lacroix, Grants Manager, noted Boynton Beach is one of eight (8) communities awarded to make drainage, utilities, and roadway improvements in the San Castle neighborhood in District 2. She introduced Gary Dunmyer, City Engineer, who provided background of the application. Mr. Dunmyer introduced Paola Mendoza, Associate Engineer in Public Works. Paola Mendoza, Associate Engineer, thanked her team and the partnership with Kimley- Horn. She reviewed the project's purpose which is to mitigate flooding, unsafe road 2 Meeting Minutes City Commission Boynton Beach, FL February 15, 2022 conditions, and aging water and sewer utilities. She discussed the value to the community. She reviewed the work to be completed, the project budget, and the area of benefit. She introduced Allison McGrath from Kimley-Horn, who noted how enthusiastic and dedicated the City staff were on this grant application. She thanked and congratulated the City. City Manager LaVerriere noted how competitive the grant process was and acknowledged how significant the funding is and the work completed by the team. Commissioner Penserga thanked Ms. Mendoza and the team. Vice Mayor congratulated them on a job well done. He said another area to look at for draining is NW 1St Court. Mayor Grant said the team was nominated for the Safe Streets Summit Complete Streets Community Award for the second year in a row. Commissioner Katz joined the meeting at 5:39 P.M. He disclosed he spoke to a number of residents regarding the S. Federal Highway project. He also spoke to Bradley Miller. B. Proclamation Public Art Manager Glenn Weiss to announce upcoming art exhibitions managed and sponsored by the Public Art Program and Art Advisory Board. Glenn Weiss, Public Art Manager, invited the Commission to the Black Creativity exhibition this Thursday, February 17th, at 6:30 P.M. at the Arts and Cultural Center. The exhibition features 22 Palm Beach County artists and poets. On March 5th, the 10th Annual Avenue of the Arts will open, featuring work by artists Luis Montoya and Leslie Ortiz from West Palm Beach. A series of banners will be featured on the Avenue of the Arts beginning on March 5th. He reviewed the Affordable Art Show that was held in December 2021 featuring 36 artists. He confirmed 14 artworks were sold. Vice Mayor Hay asked if any of the artists is the one featured at the amphitheater. Mayor Grant recommended better lighting in the future for the Affordable Art Show. Mr. Weiss did approach that artist, but she had no available work to include in the show, but she has been approved to do the art at the amphitheater. He said they are aiming for April to install the amphitheater artwork. C. Announcement by Kacy Young, Recreation & Parks Director, regarding Oceanfront Bark at Oceanfront Park on Saturday February 19, 2022, from 9am-12pm. Meeting Minutes City Commission Boynton Beach, FL February 15, 2022 Kacy Young, Recreation & Parks Director, announced that Oceanfront Bark at Oceanfront Park will be held on Saturday, February 19th, from 9 a.m. to 12 p.m. Parking will be free during the event. It is the last event due to Turtle Nesting Season beginning in March. More information is available at www.wemakelifefun.com. Mayor Grant asked about prioritizing access to the Oceanfront Beach for Boynton Beach residents. Mr. Young noted they sold the beach passes to residents and then non-residents on a first come, first served basis. He said they are looking into options including designated times for Boynton Beach residents to come to the beach. Mayor Grant said they should start planning now for the next budget cycle and new Commissioners. He recommended a shuttle service from City Hall. Commissioner Penserga asked if they track attendance at the events. Mr. Young replied yes. He said attendees sign in. He said it is not mandatory, but they have a high compliance rate because there is a raffle incentive. D. Announcement by Kacy Young, Recreation & Parks Director, regarding the Black History Month Celebration on February 26, from 12-6pm at Sara Sims Park. Mr. Young announced the Black History Month Celebration event on February 26th. The event will include educational lectures, an art exhibit, local vendors, dance and musical performances, food trucks, and activities for families and kids. E. Early Voting for the March 8, 2022, Special Election for the office of State Representative, District 88, and the Municipal Election will begin on Saturday, February 26, 2022 and will continue through Sunday, March 6, 2022. The Early Voting hours are from 10:00 a.m. until 7:00 p.m. daily at the Ezell Hester Community Center located at 1901 North Seacrest Boulevard. A listing of Early Voting locations throughout Palm Beach County is available at the following website: www.votepaImbeach.gov/Voters/Early-Voting. Please note that due to public feedback, the PBC Supervisor of Elections has extended Early Voting, moving the daily end time from 6:00 p.m. to 7:00 p.m. Mayor Grant announced the details of the Early Voting for the March 8, 2022, Special Election. F. Community Meeting will be held on March 3, 2022, from 6:00-8:00 p.m. in the sanctuary of St. John Missionary Baptist Church, 900 N. Seacrest Blvd., Boynton Beach, Florida. The community is invited to speak with City leaders rd Meeting Minutes City Commission Boynton Beach, FL February 15, 2022 about the December 26, 2021, crash that resulted in the death of a 13 -year- old boy. Ms. LaVerriere said they consider this a Community conversation. It will be an opportunity for the Community and staff to discuss the process and decision-making to the best of their ability. It is open to the public. They have invited the Florida Highway Patrol to attend. The Police Chief, City Manager, City Clerk, Legal Counsel, and other staff members will be in attendance. Revised notices will be issued. G. Proclamation recognizing the month of February as African American History Month. Mayor Grant read the proclamation, which was accepted by Emanuel Dupree Jackson Jr., founder of the EJS Project. He thanked the Commission and the City. He noted the upcoming Black Excellence event. H. Proclamation recognizing the 45th anniversary of the Boynton Beach Gold Coast Band. Patricia Truscello and Barbara Rubenstein will accept the proclamation. Mayor Grant read the proclamation, which was accepted by Patricia Truscello and Barbara Rubenstein. They thanked the City and the Recreation Department for the continued support. She invited the public to the Concert Celebration on February 21St at 3:00 P.M. Proclamation recognizing the week of February 21, 2022, to February 27, 2022 as "Eating Disorders Awareness Week" and the weekend of February 25, 2022 to February 27, 2022 as "Not One More Weekend." Ya'el Sarig with the National Alliance for Eating Disorders will be online to accept the proclamation. Mayor Grant read the proclamation, which was accepted virtually by Ya'el Sarig. She thanked the City. J. Proclaim February 21, 2022, as International Mother Language Day. Imon Karim, CEO/Founder of American Bangladesh Public Affairs Committee (ABPAC), will accept the proclamation. Mayor Grant read the proclamation. Imon Karim was not in attendance to accept the proclamation. 4. Public Audience Meeting Minutes City Commission Boynton Beach, FL February 15, 2022 Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of the Chair, this 3 -minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Mayor Grant asked the Commission to consider a second public audience opportunity for anyone needing more than three (3) minutes to be heard or allow them to speak for up to six (6) minutes during this allotted agenda time. Commissioner Katz recommended following the established rules. Mayor Grant confirmed they will maintain the three (3) minute time limit. Courtlandt McQuire, 506 Whispering Pines, started to address the Snug Harbor item. Mayor Grant reminded anyone who wishes to speak on the Snug Harbor item that there is another opportunity in the agenda to do so. Commissioner Penserga said to Mr. McQuire this time is for non -agenda items. Mr. McQuire continued said he would speak on other items. As Chair of the Arts Advisory Board, he expressed concern that art is being approved for the City by the Commission without passing through their Board. He has concerns about the Pride public memorial and believes it should be brought back to the Board for input. Debbie Rogers, 304 SW 8t" Place, asked for permission for their food truck to be on commercial property. She noted the truck has been parked at the same location for nine (9) months and the City tagged it a month ago to have it moved. Their application for operation was declined more than nine (9) months ago. She noted they paid $500 for a power box to be added to the site. She confirmed approval by the State and the Health Department has inspected and approved the truck. Mayor Grant asked to see the denial letter to clarify what they can do at each location. He said the next City Commission would need to change the ordinance to accommodate the truck size. He invited her to contact him directly in order to find a solution. City Attorney Cherof encouraged her to contact a staff member in the City Manager's office to discuss the item. Tory Orr, 106 NE 7t" Avenue, addressed Commissioner Katz. I stand with the Davis family. I'm going to keep coming up here every chance and bring what I know. These are bullies in this Commission. We hope the next group we get on March 8t", is better than the s**t we have up here. Bullying people. We know where you're at with the black community, but you want our vote. Three new Commissioners and one new Mayor. I'm just stating my fact. We respect you but you're not showing respect back. We deserve 31 Meeting Minutes City Commission Boynton Beach, FL February 15, 2022 answers in our community too. I'm going to bring everything. You're a bully. Katz, your a** is out of here. You're part of the KKK. You're racist. Commissioner Katz said you just used your three minutes to disrespect. Unidentified speaker asked for additional time. I looked at the video again for the seventh time. I understand how it works. What really puzzles me is an officer that had an opportunity to go to that young man and just talk to him. If it was his neighbor or nephew, he would have not chased him. In my experience, I've talked with several former police officers that worked in this City and it's amazing some of the stories they told me. One of them told me when he started as a rookie, in his training, he was told, everything east of 1-95, go at it hard. He personally apologized to me. Every white person on the police force ain't bad but some of them have demons. You know who I'm talking about Reverend Hay. I want to say this. You can give Mark Sohn this message. I hope he's listening. Mark Sohn, one of these days, Marsy's law won't protect. The President of the union won't protect you. That day is called judgment day. I believe that it's coming sooner than later. When that day does come, he better hope, that SJ's blood is not on his hands. If SJ's blood is on his hands, fire and brimstone is waiting on him. Bishop Bernard Wright, CEO of Bernard Wright Ministries and current candidate for Mayor. I stand up for SJ III. Justice and equality about SJ. Blood on all your hands. Latosha Clemons deserves to be on that building. Put her name up there. The template's been set. You could have done it but for you Mr. Hay. Not one female black fireman came up through the ranks. Georgia got a jewel. This is all systemic racism. How long you been here Lori? What have you done for District 2? Money has been spent everywhere but District 2. Thank God for my brother Ernest Mignoli. I'm not anti -gay. No one ever will sacrifice for another. We are going to get justice. We want to see Latosha Clemons on the fire station while she's living not when she's dead. Justice and equality for SJ. To God be the glory. Mayor Grant clarified using the terms police officer and firefighter, so they are no longer gendered. Attorney Jasmine Rand, said wants to address on behalf of her clients, the mother and father of Stanley Davis III. There are several pressing issues to bring to the attention of the City Commission, including the fact that the family has yet to receive any evidence at all from the three public records request that have been submitted, dating back to December. I had a meeting with the City Attorneys, and they promised me a written response to producing any of the documents. That is overdue by nine days now. I have followed up with an email and have not heard anything back from the City Attorneys. It is the City's duty to release certain public records. What's concerning is that the City Attorneys seemed ready to produce, told me that within 3-4 days they would send a written response, and I have to receive any communication since that date. The pattern of corruption in the Boynton Beach Police Department is troubling. I think it would be a 7 Meeting Minutes City Commission Boynton Beach, FL February 15, 2022 priority in this case to determine what happened to ensure the records that are able to be lawfully released to the family are released. We heard a lot a talk about whether or not there are cameras. If you're saying the officer did not have those cameras, why did he not have them? What is the remedy for that? What are the consequences for officers who fail to engage cameras? What are the consequences to the City to ensure the police vehicles properly installed and functioning? We demand transparency in the investigative process. We demand immediate release of records. To put you on notice, Attorney Benjamin Crump and myself are going to be requesting an investigation into the Police Department and engaging in conversation with both State and Federal authorities. This is not the first time this officer has killed somebody. This is the third time. He should have been fired long before this investigation happened. We have a real concern about the pattern and practice of racial discrimination and police brutality and failure of the City to hold these officers accountable, particularly the City Manager. These issues are concerned to the citizens of Boynton Beach who don't feel like they are being protected. Charday Hunter, 12300 NW 17th Street, Sunrise, is SJ's aunt and sister of Shannon Thompson. Yesterday was Valentine's Day and it just reminds me of another thing that SJ has to miss out on due to no fault of his own. One of the many firsts that SJ will not be able to participate. He won't be able to participate in prom, filling out college applications, dating, having babies. All the things that Mark Sohn and all his kids get to do. It's just layers and layers of trauma that he has caused us. Not just SJ's death but everything that comes on with it. Holidays. People failing to do theirjob. Lori, you should have done what was right in the first place, regardless of your reputation. That's how you sleep well at night. You should have fired him and everybody that thinks like him. When these citizens report they are being harassed, you take it seriously, because now look what has happened. Children have died. His legacy is children's death. Lori, you have blood on your hands. You all f****d up this time and there will be h**I to pay for SJ. SJ is not just any ordinary child. He was a king in this Community since he was 5 years old. He is everything to us. He was smart. He was involved in sports. You took that from us, from the Community. I don't know what it will take to arrest this officer, but that is what needs to happen. Just start there. Rolando Chang Barrero, 1021 Avon Road, West Palm Beach, has a business in the Boynton Beach Art District. I am aware there has been a new process established by the City for mural approval by the Arts Advisory Board. I cannot be on the Advisory Board because I do not reside in Boynton Beach. Are they prepared to do the art calls and reviews if we fall under the auspices under the new regulations? Or will there be a working relationship with the City? I had complete curatorial say in the murals as long as they abided by the City's decency laws and regulations. We host national, local, and student projects throughout the year. Kathryn Matos, Assistant City Manager, said the ordinance provides for the Arts District to have murals the way we've been doing it. The whole goal of the ordinance is to increase E'? Meeting Minutes City Commission Boynton Beach, FL February 15, 2022 the number of murals throughout the City. There is a carve out for the Arts District area and areas already designated. Reach out to Glenn Weiss directly to chat about it further. Dr. Stephanie Hayden-Adeyemo, 2181 SW 15th Avenue, N102, joined virtually. I wanted to piggyback on the Attorney for the family of Stanley Davis I11. 1 had three items I wanted to ask. If there are no cameras, per se, is there a policy put in place for stops with non- functioning devices on vehicles that are called in prior to the stop? In this situation, I am not hearing what we will do to ensure we will get some information released. Secondly, is there a way to get the record of the route before, during, and after the shift of the officer whose name is not being released? What is the duty position and post for that officer and the officer that came on before him and officer that came on after he left? What is his location during that day, four hours leading up to the incident and four hours after the incident? Third, since it seems there is a holdoff of data being released, how can the citizens of Boynton feel assured that the actual transparency and thoroughness of combing through records will actually be done? Mayor Grant read a statement from Shakira G. He read: We have been very patient with the City of Boynton Beach. What is the status of the investigation of the death of Stanley Dale Davis III? We are grieving but not giving up. We want accountability, transparency, and justice. SJ's life mattered! Ernest Mignoli, 710 NE 7th St. Unit 407, said he is living in a development next to a development that's filled with crime, child abuse, domestic violence, drugs, and police not willing to come in. They are all friends with the firemen and the police. If you go on the corner of Ocean and Federal, you see two political banners and they say endorsed by the first responders and the other says Florida Police and Florida Fireman. They are saying get us in and don't forget all the groups and cover up we got going. We'll take care of this investigation. It's known as reverse bias hate. They are bragging about power, money, and influence. The fear in this City if this becomes Mayor is frightful. Let me tell you what I've been doing with the Florida Police. I have been in a two-hour sworn interview with four of them. It's very problematic. Those Boynton Beach Police and Florida Police, they are partying together, getting busted for drugs, getting fired, and covering up for each other. This investigation is so corrupt that let's pray Benjamin's Crump's firm does exactly what he says. This City Manager and City Lawyer forget about it. If they are not investigated by the FBI over this stuff, we are all going to lose. Tell the Chief to come out from hiding in the back room. Bryce Graham, 2nd Vice -President for the National Action Network Central Florida Chapter. Say his name. SJ. Say his name. SJ. It has been seven weeks and yet this Community and this family has gone without answers. From an ongoing investigation. And all you want to say is a process. Don't tell us about no process. When it comes to a 13 -year old child's life who was chased, pursued, and filled by this officer. The process should be that this officer who has killed a 13 -year-old child and two others is fired. That officer is still collecting a paycheck off the back of this paycheck. He must go. These are 0J Meeting Minutes City Commission Boynton Beach, FL February 15, 2022 all demands, and we are saying no justice, no peace in Boynton Beach. We are coming with demands. Fire this officer. Forget the procedures and policies that protect this guy. Fire him. Release the evidence. I just landed back from Washington DC. I met with policy makers. Your officer has violated several policies. The chase policy. The racial policy. Fire this officer. Release what we need to know about this case to this family. It is ridiculous that we don't have an answer yet. I come to let you know you better get the train rolling or we are going to roll the train over all of you. Pernell Davis said he did speak to the Chief. We had a great conversation and the Internal Affairs Director. It was pretty constructive. I went back and looked at an old video of Officer Sohn pulling over Major Michael Johnson. In the video Officer Sohn for pulling over the Major for speeding. The Major comes back and pulls over Officer Sohn for breaking the same traffic laws. In the video Major Johnson says that he's going to have to let the Chief know he's been pulled over for speeding. The officers follow what policies they want to follow. Major Johnson was guilty to be in violation of policies set forth by the City, but nothing happened because Ms. Lori rejected the reprimand. Once again Lori you saved your guy. So now policies are broken, and we have no guarantee you are going to follow the rules. You just let everyone who break policies stay on the force and police our people? Why was he still on the force after breaking policy? He didn't even get reprimanded for what he did. Your officer had your other officer for breaking the law. So, in your memorandum that you sent out, they are going to do the investigation, the Chief will do the findings. What will you do then? Reject that one too? What is the point of having policies if no one has to follow them? At this point, I'm not caring about policy. People break policy on camera. Who paid for the investigation? We want to know what happens when people break policies in this City? What happens with a police officer breaks policy? What happens? Mr. Katz, you were vocal earlier? What happens? Commissioner Katz said I think everyone should follow policies and established law. If they are found to violate it, they would be held accountable. I cannot speak to what you are speaking to, which happened years ago. It is my understanding that if there are policies violated by any City employee it will result in accountability. Pernell Davis said you mentioned something about teachers. An article comes out and my nephew's name is spewed everywhere. We weren't afforded the same opportunity as the officer who is getting paid. Shouldn't we get it? How did Officer Sohn know about it. What is policy Lori? City Manager LaVerriere said you know we are trying to set up a time. We are waiting for Shannon so we can discuss that. I am working with the Chief to meet with Pernell and Stanley Davis. Lay off the theatrics because you do not have half the facts. This isn't the forum, and you know. As soon as we get Shannon together, we will get everyone together. The Chief if working with Stanley on that and you know that. 10 Meeting Minutes City Commission Boynton Beach, FL February 15, 2022 Shannon Thompson, Stanley Dale Davis III's mother, said there were a lot of things discussed last time. The City Attorney was vocal with statutes, policies, and regulations. You were very forthcoming last week but mute tonight. I want to remind you of your pursuit policy. We know he did not commit any of those. I want to remind you again your job descriptions for the police departments do state they are to know the basic first aid method and to stop the bleeding. I would like to know, on December 26, 2021, why did Mark or any of the other paramedics render first aid or why didn't Mark know what he was taught to stop the bleed? What is the policy of first responders getting there and declaring someone dead on the scene without actually touching the person? Officers are to accept responsibility for their own actions. Reverend, what I want to say to you, because you're supposed to be a man of God, is Jeremiah 4:31. 1 am that woman. I am that mother. I want you to know this is pain. I also want to state some statutes. Every person who has custody of public records should permit the record to be inspected and copied by any person desiring to do so at any reasonable time under reasonable conditions. Why are we hiding these records? Why aren't you releasing them? Lori, you stated the investigation was going to include all the facts. However, you did release that Stanley Dale Davis was riding reckless. We know that's a false narrative. Stanley was never on Boynton Beach Boulevard. How was the officer able to leave the scene of the crime? Why was the vehicle not part of the investigation? Why was he allowed to leave with the vehicle? Also, you keep stating he was driving reckless. Are we going to see any video footage to support this narrative? On December 26, 2021, when the Chief came over to myself and my sister and issued an apology, I have the audio recording of him stating that all the vehicles are equipped with dash cams and officers and have body cam. So now you're retracting the statement and say only K-9 units have dash cams. We will be replaying that evidence I have of him. Unidentified Speaker said she sees Mayor Grant twice a week at her job. Here we are at your job and you can't even remain indifferent. Everyone is rolling their eyes and throwing their heads back. If he was once a K-9 demoted, does that mean his vehicle was demoted as well. If that was the case, he has a dash cam in that vehicle. Was his vehicle demoted as well? Is there any way we can get any type of information about what is going on? They sit in the bar together. They get drunk together. They protect each other. This needs to be a Federal case. Lori, you have yet to take accountability for anything they did. You don't even slap them on the wrist. What are we going to do about this? Dash cams are very important. We need them now for incidents like this to never reoccur. This is what the officers are required to have. If we can start there, that would be great. No answers. Thank you. Ester Green said I have been coming to the meetings since SJ's demise. I stand with the Davis and Thompson family. I'm hurt because I felt this incident should have never happened. I'm here to say the City of Boynton Beah and Police Department is responsible for SJ's death. We're talking about a young man who had a bright future. Every time we come, I see a double standard and it is so unfair. I also watched the video about Michael Johnson was he was pulled over by Officer Sohn. Officer Sohn did his job but Lori, you 11 Meeting Minutes City Commission Boynton Beach, FL February 15, 2022 did not do yourjob. You had a chance to make a decision, but you did absolutely nothing. This cannot continue. Also, about the red-light cameras. I myself received a ticket from Boynton Beach Boulevard and Seacreast. I received a traffic ticket. You guys can check the red-light cameras, but no one would give us answers. Nobody would answer our questions. I see a double standard here. What's so hard about answering our questions? What did he report happened December 26th? We talk and we said last week, can we have a Q & A with the Chief of Police, with Lori, with the Mayor. No one gave us an answer about a Q & A. You break rules when it's convenient to you. This young man's life matters. It matters to us. We're sad. We're grieving. We're hurt. We take time out of our schedule to come here. Mayor Grant said earlier today we made the announcement about the meeting with the City Manager, the Police Chief, the City Attorney, and I will be there as well. It will be on February 22nd from 6:00 — 8:00 P.M. over at St. John Missionary Baptist Church. City Manager LaVerriere clarified that it will be held on March 3rd and is on the revised agenda. We will answer every question that we can answer. Mayor Grant asked City Attorney Cherof if there is a statute that can be provided in regard to public records in a criminal investigation. City Attorney Cherof noted Chapter 119 and said there is a long list of exemptions to those record released set forth in the same statute. He can provide the details. Carmen Morris, 333 NW 12th Avenue, is SJ's grandma. You all can't give me no answers about my baby? Everyone up here with the hushed mouth. If I had killed Mark Sohn, I would have been gone. No doubt about it. This man chased my grandbaby down. You all get to go home to your people. I don't understand none of this. That's crazy. Lori, you ain't looking at me. I'm talking mainly to you. You keep this killer on the streets, man. Where my baby out? No cameras. I got a DUI and you had dash cams, body cam, all of that. This man ran my grandbaby down and you all are going to tell me there's no video. Seven weeks my baby been gone. I mean, we want answers. I want answers to know why my grandbaby is in the grave. That's so crazy. Can't speak on this and can't speak on that. I'm hurt. My baby was just 13 years old, enjoying his Christmas gift. He was nowhere to be seen after he murdered my grandson. Boynton, exactly. You keep washing your hands like it's nothing. We need you're a** off the force too. All of that. Mercedes Morris is SJ's cousin. I'm just here to say it has been seven weeks and we have no answers. We have been peaceful. Starting Friday night, there will be no peace. We're crashing it. Everything the City has, we're crashing it. You're having a Black History Month Celebration. We're black. We're crashing it. We don't give a d**n. No more peace. He deserved justice and transparency and we haven't been getting nothing. We can't be peaceful and have no answers. How is it that Reverend Masters never seen or heard Stanley a day in his life, paid homage to Stanley. SJ's name needs to be somewhere in 12 Meeting Minutes City Commission Boynton Beach, FL February 15, 2022 Black History Month. His school is honoring him on the 28th for Black History. What is the City of Boynton doing for him beside ignoring the evidence? Mark isn't even an officer to me. I won't even speak his name. What is the City doing for Stanley? No more peace, man. I mean that from the bottom of my heart. I went to Walmart and and bought a big a** speaker. Lolonda Byrd -Davis, 832 8th Avenue, has a question. We spoke about the 22nd being the forum. When were you going to notify the family that it was changed? Mayor Grant said he found out today and reiterated the details. Ms. Byrd -Davis said it is inconvenient to family members. If certain people are not there, it's not fair. City Manager LaVerriere said we decided at 3:00 or 4:00 P.M. today that the church can facilitate and is available. I will have the Chief reach out to Mr. Davis and if that is a date that not all the family can attend, we'd be happy to move it. Herbert Thompson is the grandfather of SJ. I don't have much to say but I'm observing. What come to me is if the shoe was on the next foot, if this was a black officer and a white child, we all know what the outcome would be. I have a good relationship with my daughter. I called her two days ago and she was so upset and crying. As a father, I don't know what to tell her for comfort. It hurt. I see him every night. You all wouldn't know because it never happened to you. We get questions and no answers. This is one thing that is not going away. This isn't a sweep under the mat. This officer is a rotten apple. It's a rotten tree that produced the rotten apple. You all are a part of it too. Mark Waters said my question is what is going on this investigation. The family still doesn't have answers. What is the process? What's going on? I don't understand what is going on. Mayor Grant said the Florida Highway Patrol still has the matter under investigation. Until the investigation is over, there are rights provided to an officer under the Police Officer's Bill of Rights. The answers we can provide do not provide a full explanation of the investigation. Mr. Waters replied that it is inadequate. Do you understand where I'm coming from? That's why there is a lot of answer and people are upset. The child is gone. There is nothing to heal that spot that is taken. What you are saying is not enough. This is their child. That hurts. Maybe they need to come up with different rules for investigations. This family and this City is hurting from this. Every day. While this investigation has taken all this time. They want justice and they mean that. You just get tired of saying it. You just get angry. They need to bring more comfort to the family quicker. Is that understandable? 13 Meeting Minutes City Commission Boynton Beach, FL February 15, 2022 Is that asking for too much? Imagine if that was your child. That's not fair to them. That's not fair to his family. I know that family. We still praying for y'all. Laticia Thomas said that I'm praying for the family of SJ III. Why isn't the Chief there to answer questions? What are you doing for the future? Are you going to change anything? You've had about three or four meetings already. What have you done? We've been here three or four times, with the same people coming, we're still asking the same old questions. What have you done as of yet? Justice for SJ. Mayor Grant said the family has called me and spoke with them. I have stayed after the meeting to speak with them and answer their questions. Kayla Franklin is SJ's aunt. I wasn't even going to talk but I'm just so frustrated. I just want to know how would you feel? Officers and paramedics arrive to the scene and they see a child or a person laying in the middle of the road, no one went to check a pulse. We don't know if my nephew had a chance to fight for his life. No one went to check for a pulse. Nobody would let his uncles touch him. At what point, did they know he had passed? You don't know if his heart is beating. They didn't even check him. Everyone just automatically assumed he was dead. Can you imagine that? So here we are again. Still begging to see where we are in this grieving process. It hasn't gotten easier. We got to come here the first and third Tuesday. There are other things we could be doing. Saying the same things. Asking the same questions. We haven't gotten an answer to nothing. Even the simplest things. Who suggested the meeting be moved? City Manager LaVerriere said after conferring with the Chief and Stephanie we decided we should move the venue away from PD. We needed to know if the church was available and could facilitate us. Mayor Grant asked if the family would still like to have a meeting at the Police Department as originally planned. Ms. Franklin said this happened December 26 and SJ should have been on the agenda the first January meeting. This officer, who is at home, I'm sure he makes more than me. For this man has made well over $10,000-$15,000 over the past seven weeks doing nothing and that's ok to you all. Mr. Davis said Mr. Grant can you give Jasmine Rand three minutes to speak. Mayor Grant replied we already gave her three minutes to speak. Mr. Davis said she told him to say they received the 911 call and the audio from FHP so there is no excuse for why you aren't producing anything. FHP is not holding them back from producing records that are not privileged. I'm not getting up here about that. I felt like with time, it would get easier. His mom is getting stronger than me but now it's 14 Meeting Minutes City Commission Boynton Beach, FL February 15, 2022 weighing on her. This weekend, we went to help a family out. We go out there because we can feel the pain that mother and her family is going through. I received no help. I received nothing. If I'm the Mayor of this District, there's no way I don't reach out and see if the family needs anything. As the days go by, it's getting worse and worse. I have nightmares. I had a dream of standing over my son as he was being lowered in the ground. Once they lowered him that day, I knew I would never see him again. I play the videos back. I surprised him with a bedroom set. I constantly watch the videos over and over. That's hurting me more than anything. I'm understanding. We had a talk with the Chief so I kind of understand what is going on. It still gives me no closure. Mr. Katz his name shouldn't have been in that. Obviously, you could see my son is a great kid. His name shouldn't be tied up with that article at all. He would have told them don't fight. You all are just highlighting whatever you can to paint a picture of my son. You should be apologizing for the narrative of my son. Chief Gregory saw the video, but you have a sworn statement from your officer that he was on Boynton Beach Boulevard. Still, we haven't gotten an apology for that. That rocks me to my core. I can accept the investigation and the course in time but I cannot accept that you keep putting my son's name in stuff that doesn't fit him. Mr. Katz, you should have never spoken on that. Commissioner Katz said I want to apologize that I ever had to explain this to you. I have no words. To clarify, the School District of Palm Beach County made a statement in regards to your son. I refuted that because those issues predated anything recently. This side conversation means nothing compared to the serious issue you are facing. I just want to make clear I did not use your son's name. I felt sickened that they made it about your son. I just wanted to clarify that for you. Mr. Davis said what would help this family is an apology. That would be a start. You want to build this bridge. I want the world to know the type of child my son was. We need to hear that. That's the least you guys can do for him. Thank you. Renee Morris said I'm going to be nice tonight, but my feelings are hurt because people are telling me family no theatrics. If it was your child, you would be livid. Do not ever tell my family no theatrics. This is feelings. You took away a 13 -year-old student. This is tearing my family up. This is feelings. Two weeks ago, I asked the Mayor about red light cameras. One of my friends got a red-light ticket on Federal and Boynton Beach Boulevard. So, if there are not red-light cameras a mile down a road, why would she have gotten a ticket. Red-light cameras have been all in the news. We're not going anywhere until Mark Sohn is gone. We'll be here spending our money on bullcrap. West has to be beautiful. You're spending our taxpayer dollars out West. We're going to be here. You might be cursed out. You might get some threats, but we'll still be here. Nisha Burgess is the sister of Shannon. Where does it say that it says a person cannot come back and speak up a second time? But where does it say it in the packet? It does not say a person cannot get back up here and speak for a second time. As a medical personnel, knowing the EMT did not render services to SJ, that is sickening. As a nurse, 15 Meeting Minutes City Commission Boynton Beach, FL February 15, 2022 we're there until an EMT gets there. You have to render services. You just looked at him and called the death. That is very sickening. If you cannot see that, where is your heart. I am in the medical field because I choose to help people. A 13 -year-old. That is sickening. When my son falls, I'm there and I'm hoping the next person is there to ask him if he's ok. Knowing that baby was lying there, facedown, and know that no one had the audacity to render services to him. You don't rush over there to see if that baby is ok. I have a problem with that. Where is your heart? His blood is on all your hands until you do the necessary step and fire that officer. Look in the mirror. Take a look at yourselves. What if that was your child? I look at my son and my heart hurts. When I talked to my sister on the weekend, she was crying on the phone. I didn't know what to say to her. I see her pain every day. Has anything asked her or Stanley about their mental health? Do you know if their contemplating suicide? Do you know? Where is there help? They are pleading with you guys for answers. Since when has answering questions been so hard. I did not want to get up here but I'm glad I did. Where is your heart? Are you happy with the person you have become? I don't go home with any regrets because I know if a person coded, I was there to render services for them. We're pleading with you. We just want answers, transparency, accountability. It seems like no one is following policies and regulations. Are you happy with yourselves? Bishop Thomas Masters, International Ambassador World Conference of Mayors, is the former Mayor of the City of Riveria Beach. I want to commend Shannon and Stanley, a man and a woman of peace. They are people are peace and of love. They are leading. They are leaders in this Community. They are hurting. They are in pain. Yet they are asking for peace and justice. I have been in the struggle for freedom and justice for all my life. Michael Brown. Trayvon Martin. Corey Jones. Minnesota, George Floyd, I was there. There are three levels that you may want to look at. The first level is conformation. The next level is demonstration, and the next level is negotiation. I would suggest doing that as soon as you can. I am happy to hear the Police Chief sat down with two members of the family. The longer this goes on the longer it boils and boils. Without answers the Community is in the dark. I suggest to you to pray an ask God to lead and guide you now in order to sit down and brig about some resolutions and answers. That's all they are asking for and that's not much. Because of Shannon and Staley, we don't have a Ferguson here. We don't have a Minnesota here. We don't have the violence here. You have God-fearing parents. I commend them for that. I commend anyone that will continue to work through this and for peace. Mr. Mayor, if you invite the US Justice Department into this situation, they will help you. They have been very helpful to the Mayors, the elected officials, and the community. Invite them in and see how it works for you. Mayor Grant said I don't know if I can do that based on the City Charter, but the City Commission could request the City Manager do that. LaShonda Wright joined virtually. This whole situation is very disgusting and sad. To you, Steve, as the Mayor, I have watched you walk through the streets of Cherry Hill, you have been all up in the store on Cherry Hill. Your demeanor at the store and to look at 16 Meeting Minutes City Commission Boynton Beach, FL February 15, 2022 you now, it's like you're a whole different person. I know it's not your fault and there are different rules and regulations that you have to follow as a Mayor, but you can do more than you're doing. That's just my option. You got the clout when you take pictures to make yourself look good but when things like this happen, you as the Mayor, have room to say what needs to be done. You're not doing that. That's saddening. To Lori, you're disgusting. You are rude. You have no heart. I'm not going off what everyone else is saying. Every time someone asks a question, your comeback is very irate. You don't know how to speak to people. This is a family that is hurting. If the shoe is on the other foot, you would be upset. My suggestion to you is, you need to get some type of training or classes to educate you to deal with things like this as they come about. You need to know how to be a people person and be there for a family. You need to be professional at all times and the rate that you're showing tonight with the side comments, that was inappropriate. You are disgusting. You need to be off the panel. Not next week. You need to be out. The whole panel needs to have new members. When are you going to answer the family questions? This baby lost his life. I'm going to keep it simple. Give the family the answers they need. You're not giving them anything. Crystal Haden said good night to everybody. This is a comment. Ms. Lori, you explain to Pernell Davis stop with the theatrics. Was it theatrical when SJ saw the officer son the right-hand side of him? Was it theatrical to see SJ on the ground with p*ss coming out of him with a sheet over him for nearly five hours? Was it theatrical to give away Gatorade out there thinking someone was going to be calmed down? What is theatrical is your capacity and your position. Good night. Unidentified person brought a phone to the podium for someone to speak. Mayor Grant said this is not how it works. You cannot bring up a phone. I am going to ask our officer. Lori if you would like to assist me with this. I have never had someone to bring up a phone to speak in six years. You are not able to do that at tonight's meeting. If the Commission wants to overrule me and say it is allowed, I will allow it. Commissioner Penserga said you can speak as an individual since you have not done so but the person on the phone cannot do that. Disruption ensued in the Chamber. City Attorney Cherof said if Jasmine Rand would like to call him tomorrow, he will communicate anything she would like to say to the Commission. Cameron Simmons, 544 NW 10th Avenue, said why won't you let the Attorney speak? Let her speak. Can Stanley get an apology from you tonight? Is that too much to ask for? Mayor, you're the leader of Boynton Beach. Lori, can he apologize? Can we get an apology to the family? 17 Meeting Minutes City Commission Boynton Beach, FL February 15, 2022 Mayor Grant said if you already spoke during Public Audience that you don't disrupt the meeting anymore. I believe I have the authority. City Attorney Cherof said you do have authority to maintain order of the meeting. It requires a warning to the people who are disrupting the meeting, and then you can restore order by having that person removed after the warning. Skya Charles said I want to know what level we are able to speak because you are saying people are being disruptive when people are asking for an apology. Do you think it's necessary to apologize? Is a public apology in your alignment? I understand that is something you don't want to do because it is admitting the police was wrong. The police were wrong for pursuing him. A lot of us are heartbroken. His parents. I am heartbroken because I have a son too who was chased by the cops on a motorcycle. He dealt with it in a proper manner. I'm glad he didn't harm him even though the officer was upset. Just knowing that my child wasn't harmed that day by that officer, I know that an officer can be concerned for a child. I think the situation that occurred with SJ proves that not all officers have that respect for human life. It just proves to me that my child was saved my day. SJ wasn't saved. I'm choked up about it because it is a very emotional topic. I wish the community, the leadership, the administration would consider someone has to take accountability. There needs to be different ways to go about pursuing things. It's not like what the kid was doing required his death. There are all types of ways this could have been dealt with. If we don't get no accountability and transparency, then it's possible something like this would occur again. This is not the first time a kid was pursued. This is the first time in our Community it was a death that touched us. I feel like the people in authority are not taking accountability and that hurts. Ted Kazar said he's been waiting three hours to discuss Snug Harbor Drive and Riveria Drive. A lot of people had to leave so I'm suggesting we can postpone the Snug Harbor Drive to some other date. It would be beneficial to be able to speak our minds. It will obviously be a lot later tonight. What can be done about that? Mayor Grant said there is nothing they can do unless the Commission wants to put Public Audience after the City's business. Mr. Kazar said it would not be breaking the rules to postpone to a different date. Is it going to go on? Mayor Grant said it will go on. Disruption ensued in the Chamber with Mr. Graham and there was a request for him to be removed. Ms. Hunter said I want to speak on the flippant comments by Lori. I don't know what theatrics you are talking about. These are real raw emotions and people want answers. IN Meeting Minutes City Commission Boynton Beach, FL February 15, 2022 Do your job. If you had done your job in the first place, we wouldn't be here. When my sister is speaking, don't be looking through papers. We are grieving. We are upset. Mayor Grant closed the Public Audience. 5. Administrative A. Appointment of eligible members of the community to serve in vacant positions on City advisory boards. B. Approve the request of Commissioner Christina Romelus to distribute $500.00 of her Community Support Funds to the Boca Raton's Promise Organization to support the Boynton Beach Mental Health Committee. Motion Commissioner Penserga moved to approve. Vice Mayor Hay seconded the motion. The motion passed unanimously. C. Approve the request of Mayor Steven B. Grant to distribute $500.00 of his Community Support Funds to Young Men of Distinction, Inc. Motion Commissioner Penserga moved to approve. Vice Mayor Hay seconded the motion. The motion passed unanimously. Jacoby Waters thanked the Commission and described the work of Young Men of Distinction, Inc. D. Approve the request of Mayor Steven B. Grant to distribute $200.00 of his Community Support Funds to Congress Middle School. 4T,1511=11 Commissioner Penserga moved to approve. Vice Mayor Hay seconded the motion. The motion passed unanimously. E. Approve the request of Mayor Steven B. Grant to distribute $500.00 of his Community Support Funds to Emanuel Jackson Sr. (EJS) Project, Inc. Motion Vice Mayor Hay moved to approve. Commissioner Penserga seconded the motion. The motion passed unanimously. 19 Meeting Minutes City Commission Boynton Beach, FL February 15, 2022 Item F was added to the agenda. F. Approve the request of Commissioner Ty Penserga to distribute $1,000.00 of his Community Support Funds to the Boynton Beach Little League. Motion Vice Mayor Hay moved to approve. Commissioner Katz seconded the motion. The motion passed unanimously. Mayor Grant commented that he would also like to distribute $200 of his Community Support Funds to the Boynton Beach Little League and asked for a motion. Motion Commissioner Penserga moved to approve. Vice Mayor Hay 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 accompanying material to become a part of the Public Record and subject to staff comments. A. Approve Task Order GIS-EPW-06-22 with Florida Technical Consultants, LLC, in the amount of $44,800 in accordance with RFQ No. 007-2821-20/TP, for Geographic Information Services (GIS) for re-evaluation of the City-wide Pavement Condition Assessment, awarded by the City Commission on July 7, 2020. B. Proposed Resolution No. R22-028 - Approve the Memorandum of Understanding (MOU) between the Palm Beach County PBA Police Officers and Detectives and the City regarding Covid-19 policies and practices. Proposed Resolution No. R22-029 - Approve the Memorandum of Understanding (MOU) between the Palm Beach County PBA Police Sergeants and the City regarding Covid-19 policies and practices. C. 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 20 Meeting Minutes City Commission Boynton Beach, FL February 15, 2022 the written report for February 15, 2022 - "Request for Extensions and/or Piggybacks." D. Approve the authorization of staff to issue a purchase order in the amount of $45,240.00 for the annual estimated expenditure for janitorial services with Clean Space based utilizing COBB Bid No. 010-2511-19/IT for Utility Administration Building, East Water Treatment Plant, West Water Treatment, and District Energy Plant. E. Proposed Resolution No. R22-033 - Approve and authorize the City Manager to sign a Notice to Proceed pursuant to the Professional Services Agreement between the City of Boynton Beach and American Traffic Solutions, Inc., d/b/a Verra Mobility ("Verra") for the expansion of the Red Light Traffic Enforcement system. Vice Mayor Hay and Commissioner Penserga both requested to pull item 6E for discussion. Vice Mayor Hay asked for a general overview of the cameras that will be added to the City. Chief Gregory reviewed the history and purpose of the Red -Light Camera (RLC) Program since its implementation in the City in 2011. He noted the program is self- funded by the revenue it generates. He outlined the six intersections that are covered by the RLCs. Mayor Grant asked about camera placement on S. Federal Highway. Vice Mayor Hay inquired how they determine the number of cameras to place in a location. Chief Gregory said based on number of accidents or traffic crashes. Commissioner Penserga asked about the data of N. Congress Ave. and W. Gateway Blvd. and whether it is indicating a decrease in traffic volume. Chief Gregory replied yes. He noted that the data is supplied entirely by the vendor. Commissioner Penserga said it is confusing that the traffic volume is down, but the notice of violations has almost doubled. He stated they would want to see a decrease of violations if the RLC program is supposed to be a deterrent. 21 Meeting Minutes City Commission Boynton Beach, FL February 15, 2022 Chief Gregory shared the low statistic of repeat offenders. He reviewed the traffic growth in 2019 and 2021. He stated Verra Mobility has completed their study and recommended three (3) additional intersections for RLCs. Commissioner Katz asked for clarification on the estimated daily average numbers. Chief Gregory said those are how many tickets are issued after they exempt all the statutory requirements. He reviewed the crashes in 2019, 2020, and 2021 in the three (3) proposed intersections. Mayor Grant asked about fatalities in these intersections. Chief Gregory responded that he can provide that data following the meeting Mayor Grant stated that he is in favor of moving forward with the additional intersections. Motion Vice Mayor Hay moved to approve the Item. Commissioner Katz seconded the motion. The motion passed 3-1 (Nay -Commissioner Penserga). F. Approve Task Order UT -313-03 with AECOM in the amount of $52,812.00 for professional engineering services for the Raw Water Transmission Main Repair and Replacement Alternatives Analysis in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category B awarded by City Commission on August 7, 2018, renewed on August 3, 2021. G. Approve minutes from the February 1, 2022 City Commission meeting. Motion Commissioner Penserga moved to approve the remaining Consent Agenda. Vice Mayor Hay seconded the motion. The motion passed unanimously. 7. Consent Bids And Purchases Over $100,000 A. Add scope to Task Order UT -1E-03 with Alexis Knight Architects, in the amount of $55,753 in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category E awarded by City Commission on August 7, 2018 to add the design of a replacement force main to the Mangrove Park and the Boynton Beach Boulevard Extension Project. 22 Meeting Minutes City Commission Boynton Beach, FL February 15, 2022 B. Approve and authorize acquisition of commodities from IXOM Watercare, Inc. for the purchase of MIEX Doc Resin with an estimated annual expenditure of $330,585. C. Approve the purchase of these two (2) replacement vehicles that were approved in the FY21-22 budget for an estimated amount of $230,750.00 by utilizing the Florida Sheriffs Association Contract No. FSA20-EQU18.0. D. Approve the one-year extension for RFPs/Bids and/ or piggy -backs for the procurement of services and/or commodities over $100,000 as described in the written report for February 15, 2022 - "Request for Extensions and/or Piggybacks." E. Approve additional scope in Task Order ASPS -93-031721 with Atlantic Southern Paving & Sealcoating, Inc., in the amount of $62,938 in accordance with Bid No. 010-2512-18/IT to replace damaged asphalt paths, concrete sidewalks and curbing on High Ridge Road. The amended task order amount will be $296,856.65. F. Authorize the City Manager to issue a Purchase Order in the amount of $163,751 to Gentile, Glas, Holloway, O' Mahoney & Associates, Inc. for professional services for a Parks & Recreation System Master Plan. These services will be performed in accordance with the City of Boynton Beach General Consulting Services Agreement RFQ No. 046-2410-17/TP executed August 20, 2018. Proposed Resolution R22-030 - Budget amendment to increase Park Impact Fee Fund by $175,000 to bring appropriated expenditures from $66,067 to $241,067. Motion In a unanimous voice vote, the Commission moved to approve the Consent Bids And Purchases Over $100,000. 8. Public Hearing A. Proposed Ordinance No. 22-006 - First Reading - Approving amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 1, Article II. Use Definitions, Chapter 3. Zoning, and Chapter 4, Article V. Minimum Off -Street Parking Requirements that address Medical Care or Testing (In-patient), Beverage Manufacturing, Micro -Brewery, Brewpub, Taproom Brewery, and Take Out Restaurant uses. Staff initiated. City Attorney Cherof read Proposed Ordinance 22-006 on First Reading by title only. 23 Meeting Minutes City Commission Boynton Beach, FL February 15, 2022 Mike Rumpf, Director of Development, reviewed the summary of changes. He focused on the background and proposed amendments for brewery, micro -brewery, brewpup, and tap -rooms. Mayor Grant asked about brewpup and the ability to take home six-packs. Mr. Rumpf said he'll have to return with that answer but does not believe that would be considered distribution. Mayor Grant asked how many gallons are in a barrel. Mr. Rumpf 1,500 barrels converts to 46,500 gallons. Commissioner Katz asked if they reached out the two breweries for their opinions. Mr. Rumpf replied yes. He said they have been brainstorming ideas for food service for the two existing breweries. Discussion ensued about breweries, special events, and prepared food. Ernest Mignoli, 710 NE 7t" St., Unit 407, spoke in opposition to the ordinance. Motion Vice Mayor Hay moved to approve Proposed Ordinance 22-006. Commissioner Katz seconded the motion. The motion passed unanimously. Vote City Clerk Gibson called the roll. The vote was 4-0. B. Proposed Ordinance No. 22-007 - First Reading - Approving WXEL request for Future Land Use Map Amendment from Recreation (R) to Office Commercial (OC), property located at 3401 South Congress Avenue. Applicant: Gene H. Talley, South Florida PBS Inc. City Attorney Cherof read both Proposed Ordinances 22-007 and 22-008 on First Reading by title only. Bradley Miller, from Urban Design Studios, is the applicant's representative. He presented on WXEL's land use amendment and rezoning request. Mayor Grant asked if there is a site plan. Mr. Miller said there is not. He noted it is land use and zoning and the expansion falls 24 Meeting Minutes City Commission Boynton Beach, FL February 15, 2022 below the thresholds for Commission approval. Motion Commissioner Katz moved to approve Ordinance 22-007. Vice Mayor Hay seconded the motion. The motion passed unanimously. Vote City Clerk Gibson called the roll. The vote was 4-0. Proposed Ordinance No. 22-008 - First Reading - Approving WXEL request for Rezoning from Recreation (REC) to Office Professional (C-1), property located at 3401 South Congress Avenue. Applicant: Gene H. Talley, South Florida PBS Inc. Mayor Grant asked if there is a site plan. Mr. Commissioner Penserga asked about the increase of services. Mr. Miller replied there will be an event space and a domed theater. PBS Executives described the immersive igloo. Ernest Mignoli, 710 NE 7t" St., Unit 407, spoke in support of the ordinance. Motion Commissioner Katz moved to approve Ordinance 22-008. Vice Mayor Hay seconded the motion. In a roll call vote, the motion passed unanimously (4-0). C. Approve request for New Major Site Plan (NWSP 22-002) for the 1320 S. Federal Highway project to allow construction of a 10,898 square foot commercial structure and associated site improvements, on a 0.51 -acre parcel, located at the northeast corner of S. Federal Highway and Riviera Drive, in the Mixed Use 1 (MU -1) zoning district. Application Ty Eriks, MH Jackson Holdings, LLC. Approve request for Master Plan Modification (MPMD 22-004) for 1320 S. Federal Highway to amend the previously approved master plan to be consistent with the proposed revisions to the concurrent New Major Site Plan Application, located at the northeast corner of S. Federal Highway and Riviera Drive, in the Mixed Use 1 (MU -1) zoning district. Applicant: Ty Eriks, MH Jackson Holdings, LLC. 25 Meeting Minutes City Commission Boynton Beach, FL February 15, 2022 Mr. Miller presented the property history, the site plan and elevations, the height exception, landscaping plans, and aerials. Commissioner Katz stated that a resident expressed concern to him via email about approval of the height exception. Mr. Miller shared the neighborhood outreach, discussion, and their concerns. He reviewed driveway access and on -street parking and confirmed the applicant added conditions. Mayor Grant asked staff about the rooftop square footage and parking requirements. Mr. Rumpf said it is open air, so it is not included. Vice Mayor Hay asked about site development and construction vehicles. Mr. Miller stated the on-site contractor would be responsible for enforcing. Commissioner Penserga asked Mr. Miller if he spoke to Ms. Snyder about on-site parking. Mr. Miller said they have conversed about parking. Shirley Casa, 650 Snug Harbor Drive, is not opposed to the building height, or gathering area. She expressed concern about parking and Snug Harbor's ability to gate. She is not in support of parking the South side of Riviera Drive. Carey Snyder, 630 Riviera Drive, is not opposed to the building but opposed to some of the nuances involved. She shared the neighborhood concerns. She noted the neighbors would like the access to be as far from the West as possible. They would like to have all impacts of the building. Residents want the request for parallel parking eliminated and contained on site. She reviewed their list of businesses to be restricted in the future. They are not in support of the height exception. They would like the parking and sidewalk eliminated on the South side of Riviera Drive. She requested to submit three (3) documents to the public record. Mayor Grant stated that once they vote on the site plan, they would include the conditions of approval by the applicant. Discussion ensued about vehicle turnaround and parking spaces. Candy Killian, 642 Riviera Drive, expressed concern that the updated presentation was not provided in the packet or on the City's website. Mayor Grant replied that the presentation is the finalized document and part of the public record. 26 Meeting Minutes City Commission Boynton Beach, FL February 15, 2022 Ms. Killian reviewed the issues with the parallel parking. She asked the Commission to table the items. Mayor Grant read a comment from Zane Skinner. He is opposed to the street parking. Andrew Mack, Assistant City Manager Public Services, noted they would erect signage about no overnight parking. They would ticket and tow vehicles if necessary. Gennaro Lobosco, 650 Snug Harbor Drive, is the President of Snug Harbor Gardens Condominium Inc. He is not in favor of parking on the South side. He stated it prevents Snug Harbor from becoming a gated community. Commissioner Penserga asked when Snug Harbor was built. Mr. Lobosco said 1975. Commissioner Penserga said it has been there for fifty years and has never been gated before. Mr. Lobosco stated things have changed and it is easier to sell a property in a gated community. He said the entire property is already gated except for the entrance. Ms. LaVerriere addressed the resident's concern about the backup not matching. She noted anything presented in the public hearing becomes part of the public record. Ted Kozan, 624 Snug Harbor Drive, wants to make two points. The residents are against the on -street parking, and they are against the height exception. Mary Killian, 642 Riviera Drive, said she grew up on Riviera Drive. She spoke in opposition to the parking on Riviera Drive. Mayor Grant read a comment by Aly Skinner, 635 Riviera Drive. She is opposed to the on -street parking on Riviera Drive. Rick Seamore, 631 Riviera Drive, said the consideration should be given to reduce a floor of the building to eliminate the on -street parking. He offered the applicant consider parking next door at Colonial Center. Kim Beaumont is a CPA at Colonial Center. She expressed concerns about the parking. She said there is no extra parking available at the Colonial Center. Vice Mayor Hay asked the minimum number of spaces needed and suggested looking at a variance. Mr. Miller said the number of required spaces is forty-four. 27 Meeting Minutes City Commission Boynton Beach, FL February 15, 2022 Vice Mayor Hay asked staff about a variance on spaces. Mr. Rumpf said they would rather evaluate a potential code amendment rather than looking at a relief option. Discussion ensued about parking and the code. Tom Ward, 650 Riviera Drive, said he is a new resident. He said he thought the parking issues were being addressed by moving the trees. He asked for a vote to not be taken tonight. He asked for time to get their own experts and legal counsel prior to the vote. He noted the No Parking signs on the street are not adhered to. Susan Oyer, 140 SE 27th Way, said they need to resolve the parking issue for the residents. She asked the Commission to table the item. She also stated she was a write- in candidate for Mayor. Crystal Gibson, City Clerk, clarified that there are no write-in candidates for the March 8, 2022, election. Courtlandt McQuire, 506 Whispering Pines, said he attended the community event where the residents expressed their concerns. He said they should reduce the square footage to reduce the parking spaces. Thomas Turkin, 132 SW 2nd Avenue, said this should be tabled for the next Commission to decide. Kathleen Henderson, 654 Riviera Drive, stated she's lived there since 2010. She spoke in opposition to the building size and the parking. Ray Henderson, 654 Riviera Drive, said they should not have parking on the street. Ernest Mignoli, 710 NE 7th St. Unit 407, said his condominiums relate to this project. He said this is an older building with structural problems. He said he spent time at the property for six (6) days and observed a lot of violations in surrounding properties. He said it should go to the new Commission. He spoke on the traffic on S. Federal Highway. Ms. Snyder asked for clarification about street parking and the code. Mayor Grant closed public comments. He asked Mr. Miler if they are willing to remove the one parking space on the South side and to work with the Building Department and Zoning to reduce parking as needed. Meeting Minutes City Commission Boynton Beach, FL February 15, 2022 Mr. Miller said they are willing to remove the one parking space. He stated the on -street parking complies with the City code. He addressed the recommendation to shift the landscaping. He stated he only heard about gated access for Snug Harbor on Friday. He addressed other concerns and does not agree with tabling the item. He asked for approval. Commissioner Penserga commended the residents and Mr. Miller for compromising on many of the issues. He wants a resolution on the parking issue. He recommended tabling the items for two weeks. Motion Commissioner Penserga moved to table NWSP 22-002 and MPMD 22-004 until the March 1, 2022, Commission meeting. Vice Mayor Hay seconded the motion. In voice vote, the motion failed (2-2). Ayes — Commissioner Penserga, Vice Mayor Hay Nays — Commissioner Katz, Mayor Grant Discussion ensued about the project. Motion Commissioner Katz moved to reconsider tabling Item 8C. Vice Mayor Hay seconded the motion. The motion passed unanimously. Motion Commissioner Katz moved to table items 8C and 8D until the March 1, 2022, Commission meeting. Vice Mayor Hay seconded the motion. The motion passed unanimously. D. Approve request for a Height Exception (HTEX 22-001) for 1320 S. Federal Highway to allow tower elements and architectural features to be constructed at 54'-10" in height, 9'-10" above the maximum allowable height of 45 feet in the MU -1 (Mixed Use -1) zoning district. Applicant: TY Eriks MJ Jackson Holdings, LLC. Item 8D is tabled until the March 1, 2022, Commission meeting. E. Proposed Ordinance 22-004 - Second Reading - Approve Mural Ordinance creating a mural standards section in the City's Land Use Regulations. City Attorney Cherof read Proposed Ordinance 22-004 on Second Reading by title only. 29 Meeting Minutes City Commission Boynton Beach, FL February 15, 2022 Mr. Weiss noted the section about the Arts District is in the guidelines section and not in the art murals section. He said the murals will be considered later in the resolutions. Ernest Mignoli, 710 NE 7t" St., Unit 407, asked for a summary of the ordinance. Mayor Grant asked Mr. Mignoli to stay on topic. Mr. McQuire supports the ordinance. Motion Commissioner Katz moved to approve Proposed Ordinance 22-004. Vice Mayor Hay seconded the motion. The motion passed unanimously. Vote City Clerk Gibson called the roll. The vote was 4-0. F. Proposed Ordinance 22-005 - Second Reading - Approve Ordinance Amending Chapter 26 entitled "Water, Sewers and City Utilities," by Amending Article I, entitled "In General," to create §26-6, entitled "Conditions for Utility Service; Penalties," establishing requirements for utility service, penalties for non-compliance, and appeals; amending Article "IV" entitled "Sewers," §26-57, entitled "Connections Required," to amend the time period to connect to sewer; providing for severability, conflicts, codification, and an effective date. City Attorney Cherof read Proposed Ordinance 22-005 on Second Reading by title only. Motion Vice Mayor Hay moved to approve Proposed Ordinance 22-005. Commissioner Katz Seconded the motion. The motion passed unanimously. Vote City Clerk Gibson called the roll. The vote was 4-0. 9. City Manager's Report A. Approve date change from March 1, 2022 City Commission meeting to a Special City Commission Meeting on March 9, 2022, from 3:00 p.m. to 5:00 p.m., to accept staff ranking of applications to the Notice of Funding Opportunities (NOFOs) for use of the City's American Rescue Plan Act (ARPA) funds, and to award funds based upon application eligibility and proposed programming. gut Meeting Minutes City Commission Boynton Beach, FL February 15, 2022 Mayor Grant expressed concern that this is after the election. He asked Commissioner Penserga when he submitted his resignation. City Attorney Cherof said the Florida Constitution requires the Commissioner to hold their seat until a replacement is appointed. Commissioner Penserga said an attorney crafted the language and complies with what the law says, which is Election Day. City Clerk Gibson said the resignation she received from Commissioner Penserga does not include a date. It states that the resignation is effective the earlier of the two dates provided in Section 99.012(3)(d) of the Florida Statutes. Discussion ensued about certifying the election results. Commissioner Penserga said he will comply with whatever the law states. Mayor Grant expressed concern that he heard from some veterans groups that they should not apply. John Durgan, Economic Development Manager, said they did not tell anyone not to apply. Carisse LeJeune, ARPA Project Manager, said that is not true. Motion Vice Mayor Hay moved to approve Item 9A. Commissioner Penserga seconded the motion. In a voice vote, the motion passed unanimously. B. Review enclosed memorandum summarizing staff research and discuss process for potential parks bond. Mayor Grant requested a referendum on the next General Election for the parks and recreation bond. Assistant City Manager Matos, reviewed the research conducted and potential next steps. Mayor Grant asked about the Director of Equity and Inclusion. City Manager LaVerriere said they have engaged a search firm but candidate selection is likely 4-5 months from now. 31 Meeting Minutes City Commission Boynton Beach, FL February 15, 2022 Mayor Grant recommended hiring that position before engaging the Trust for Public Land. 10. Unfinished Business A. Proposed Resolution R22-031 - Approve the Boynton Beach Mural Guidelines for Art in Public Places. Motion Vice Mayor Hay moved to approve Proposed Resolution R22-031. Commissioner Penserga seconded the motion. The motion passed unanimously. Mr. Weiss said the guidelines were last passed in 2006 and have not been amended since that time. He reviewed the mural initiatives. B. Continue discussion about creation of a Citizen's Engagement Committee for the Police Department. Mayor Grant said he spoke with Ray Whitely this morning about the item. Mr. Whitely asked to continue the conversation and requested that it be task force. Chief Gregory reviewed the presentation on the Community Engagement Committee. He outlined the different models of civilian oversight. In Florida, the Investigation -Focus model is restricted and does generally apply. He reviewed the key elements of ordinances in Florida. Discussion ensued about the roles and responsibilities of citizens on the committee. Commissioner Katz asked if these committees are involved in active investigations or whether they are reviewing conclusions. Chief Gregory replied that some municipalities does allow the input of the panels during the investigation but that is not the case in Florida. Mayor Grant recommended further discussion about the City's youth and the Police Department. Chief Gregory agreed with the recommended and suggested a different committee for that initiative. Chief Gregory reviewed the Board/Committee size and appointment standards. 32 Meeting Minutes City Commission Boynton Beach, FL February 15, 2022 Mayor Grant suggested considering a business owner who operates in the City but does not necessarily reside in the City. He recommended having alternate positions is important as well. Chief Gregory reviewed the member qualifications and member restrictions. He clarified the final bullet point about having no complaints on police officer in a period of time. Mayor Grant recommended a year. Chief Gregory recommended a two-year time period from a complaint resolution. No additional comments from the Commission so Mayor Grant prevailed with his recommendation of one year. Consensus was reached the board should be comprised of seven (7) from the elected officials, one (1) student and one (1) student alternate, and then two (2) additional alternates. The five (5) appointed from the Commission can be from any area, not specific to their Districts. Chief Gregory reviewed the meeting organization and frequency. Mayor Grant prefers video recording but not live streamed. The video would be published following the meeting. He recommended quarterly meeting. Commissioner Katz asked about scheduling a special meeting or workshop. City Attorney Cherof said boards cannot establish special meetings, only the Commission can schedule them. Chief Gregory reviewed the deliverables. Mayor Grant suggested the minutes should be delivered quarterly and any fact-finding or recommendations should be included in the minutes. He recommended a semi-annual report in January. Consensus was reached to move to calendar years for crime statistic reporting. 11. New Business A. Proposed Resolution No. R22-032 - Adopt the 2021 Affordable Housing Advisory Committee Housing Incentives Report. The committee will meet annually and review the SHIP incentives. Mayor Grant had a concern about the recommendation about the sliding scale permit fee reduction on affordable housing projects. 33 Meeting Minutes City Commission Boynton Beach, FL February 15, 2022 Discussion ensued about the recommendations and affordable housing. Mayor Grant said he would wait on two of the recommendations. He needs more information on the sliding scale permit fee reduction and the mandatory inclusion of affordable housing on a project consisting of ten or more units. Mr. Mignoli said housing development in the City is politically charged. He suggested renovating dilapidated houses for affordable housing. He spoke in opposition to high rises. Motion Vice Mayor Hay moved to approve Proposed Resolution R22-032, as amended, with two items to come back to the City Commission at a future date. Commissioner Penserga seconded the motion. The motion passed unanimously. 12. Legal A. Proposed Ordinance No. 22-009 - First Reading - Approving amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 2, Article II, Section 2. Standard Applications to revise review criteria for future land use map amendments and rezonings. City Attorney Cherof read Proposed Ordinance 22-009 on First Reading by title only. Mr. Rumpf said it is a cleanup of the ordinance. Motion Vice Mayor Hay moved to approve Proposed Ordinance 22-009. Commissioner Penserga seconded the motion. The motion passed unanimously. Vote City Clerk Gibson called the roll. The vote was 4-0. B. Proposed Ordinance No. 22-010 - First Reading - An ordinance of the City of Boynton Beach, Florida, amending Article III, of Chapter 18 of the Boynton Beach Code of Ordinances, entitled "Municipal Police Officers' Retirement Trust Fund;" amending Section 18-169, requirements for retirement benefit amounts, providing for conflict, providing for severability; and, providing for an effective date hereof. Meeting Minutes City Commission Boynton Beach, FL February 15, 2022 City Attorney Cherof read Proposed Ordinance 22-010 on First Reading by title only. Motion Commissioner Katz moved to approve Proposed Ordinance 22-010. Vice Mayor Hay seconded the motion. In a roll call vote, the motion passed unanimously. Vote City Clerk Gibson called the roll. The vote was 4-0. C. Mayor Grant requested a public update from the City Attorney on the JKM lawsuit. Mayor Grant requested to move Item 12C to Announcements at the March 1, 2022 meeting. Consensus was reached to move the item. Mayor Grant would like to pursue the recommendation from Reverend Masters to reach out to a Federal Agency for assistance with what is going on in the City. Commissioner Katz does not support the recommendation. Vice Mayor Hay does not support the recommendation. 13. Future Agenda Items A. Building Department staff will present an update on the implementation of the new SagesGov software for permitting and inspections - March 1, 2022 B. Request approval for ARPA Partnership Agreements with FAU Tech Runway and local Elementary Schools. - March 1, 2022 C. Award Recommendation from Historic Resources Preservation Board and Commission discussion on options for recognizing Latosha Clemons. - March 1, 2022 D. Presentation of redistricting alternatives by Florida Atlantic University (FAU) and establishment of boundaries for inclusion in Ordinance. March 1, 2022. E. Staff to provide research for discussion requested by Commissioner Penserga regarding dash cams on police vehicles. - March 1, 2022 F. School Board Member Erica Whitfield to present the 2021-2022 School Year State of Education Report to the City Commission. - March 15, 2022 Meeting Minutes City Commission Boynton Beach, FL February 15, 2022 G. Discuss disposition of vacant 3.62 acre parcel adjacent to Leisurevillle and west of SW 8th Avenue -TBD H. Proposed Ordinance No. 21-025 First Reading. Approve Development Agreement Ordinance. (Tabled from the September 21, 2021 City Commission Meeting.) — TBD I. Discuss Building Safety Inspection Program - (Pending outcome of 2022 legislative session) Discuss the next steps for implementation of City Ordinance No. 21-012 prohibiting the use and distribution of polystyrene foam ("Styrofoam") food ware, unencapsulated polystyrene foam products, balloons, and confetti on City property. - TBD 14. Adjournment There being no further business to discuss, the meeting was adjourned at 1:13 A.M. CITY OF BOYNTON BEACH Mayor - Steven B. Grant Vice Mayor — Ty Penserga Commissioner —Justin Katz Commissioner —Woodrow L. Hay Commissioner — Christina Romelus we Meeting Minutes City Commission Boynton Beach, FL February 15, 2022 ATTEST: Crystal Gibson, MMC City Clerk Tammy L. Stanzione Deputy City Clerk 37 . ece,,`A,e61 by le,�'I;Ilerat • 1320 S. Federal Voluntary Applicant Conditions February 15, 2022 - Updated 1. Use of the building is limited only to Medica/Dental Office and Business Professional Office. 2. Operating business hours for all uses within the building are limited to 8:00 am to 7:00 pm., Monday to Saturday, closed on Sundays. 3. Access and use of the roof top is to be controlled by the property owner and only used by employees of the tenants of the building during business hours and for service of mechanical equipment or structure. 4. Upon full occupancy of the building, the owner and tenants will be responsible to instruct employees to park in the on-street spaces for less frequent activity on the street and to allow more spaces on site for patrons and customers. 5. Prior to issuance of a certificate of occupancy, the property owner shall be responsible for the permitting and relocation or installation of one sign for Colonial Center. 6. Prior to issuance of certificate of occupancy, the property owner shall be responsible for the permitting and installation of one sign at the entrance to the single-family community to identify the community and have verbiage to deter additional traffic. 7. During site development, the property will be fenced to deter access and regularly maintain litter and debris. 8. During site development, construction vehicles are to be instructed to turn around on the subject property.