Minutes 07-21-20 MINUTES OF THE CITY COMMISSION MEETING HELD
ONLINE VIA THE GOTOWEBINAR PLATFORM
BOYNTON BEACH, FLORIDA
ON TUESDAY, JULY 21, 2020, AT 5:30 P.M.
Steven B. Grant, Mayor Lori LaVerriere, City Manager
Ty Penserga, Vice Mayor James Cherof, City Attorney
Justin Katz, Commissioner Crystal Gibson, City Clerk
Woodrow L. Hay, Commissioner
Christina Romelus, Commissioner
1. Openings
A. Call to Order
Mayor Grant called the meeting to order at 5:30 p.m.
Invocation
Reverend Laurie Durgan Unity Church of Delray provided the invocation.
Pledge of Allegiance
Vice Mayor Ty Penserga led the Pledge of Allegiance to the Flag.
Roll Call
City Clerk Gibson called the roll. There was a quorum.
Alan Karjalainen, Web Design Coordinator, provided information regarding how to
participate in the live stream online meeting.
Agenda Approval:
1. Additions, Deletions, Corrections
Mayor Grant requested to add an announcement from Craig Clark, Library Director, as
item D to Announcements.
Vice Mayor Penserga requested to add Mobile COVID testing Site and Feeding South
Florida as Items E and F to Announcements.
Mayor Grant asked the Commission if they wanted to have a brief conversation regarding
the opening of the schools via the internet and what could be done to help the residents
of Boynton Beach.
Vice Mayor Penserga supported the idea of having an exploratory discussion.
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Boynton Beach, Florida July 21, 2020
Commissioner Katz supports adding to New Business. He indicated he did not know if
municipalities could become involved in the policies of the School Board.
Mayor Grant stated there was a consensus for a discussion.
2. Adoption
Motion
Commissioner Hay moved to approve the agenda as amended. Vice Mayor Penserga
seconded the motion, which unanimously passed.
2. Other
A. Informational items by Members of the City Commission
Commissioner Katz spoke with Andre Park regarding a discussion of a community
development district in District One and some issues revolving around the future.
Thanked staff for the awesome event at City Hall.
Commissioner Hay recognized two great leaders who passed away this month.
Requested a moment of silence. Noted Cordy Tindell Vivian was an American minister,
author, and close friend and lieutenant of Martin Luther King Jr. during the Civil Rights
Movement. Mr. Vivian resided in Atlanta, Georgia, and founded the C. T.
Vivian Leadership Institute. Commissioner Hay commented civil rights leader, U.S.
Congressman John Lewis, was known as the conscious of a Congress, very peaceful,
yet courageous man, and was on the front lines of the civil rights movement campaign to
end Jim Crow laws, received blows to his body and a fractured skull to prove it.
Congressman Lewis was a fearless stimulus in the Civil Rights Movement and the last
surviving speaker from the March on Washington for Jobs and Freedom in 1963. Noted
there are calls to rename the Edmund Pettus Bridge in Selma, Alabama after
Congressman John Lewis. Commissioner Hay explained Edmund Pettus was a
Confederate General and a Ku Klux Klan leader. The bridge became a focus of national
attention on March 7, 1965 when Alabama State Troopers beat demonstrators who were
marching for black voting rights, in what is known as Bloody Sunday.
Commissioner Romelus thanked Commissioner Hay for educating the Commission on
the history of these two great leaders who have gone on before us. In addition, thanked
staff for the tremendous celebration today at the new City Hall.
Vice Mayor Penserga echoed many of the responses. Gave a special thanks to everyone
involved in putting together the Centennial event. Acknowledged all the little things, which
made the event exceptional. This event was a memorable 100-year celebration of our
city and he was looking forward to the next 100 years.
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Mayor Grant noted on July 13th, he attended the City of Boynton Beach Tourism Board,
which is working with Discover the Palm Beaches and creating a Tourism Master plan on
behalf of the City of Boynton Beach. July 14th, he attended the Regional Issue Summit.
July 15th, he attended a Zoom meeting with other Mayors regarding how the State of
Israel is dealing with COVID-19. July 16th, he attended the Transportation Planning
Agency meeting. He was on radio with WBPR, attended the ribbon cutting through the
Delray Beach Chamber of Commerce for Dr. Delia Weiss who opened up a location on
South Seacrest. On July 17th, had a conversation with Carla Rodrick, who is the
government liaison for Comcast, in addition he heard from Ian Cotner from AT&T. On July
18th, attended the third, Connect to Greatness graduation. Expressed these young men
attended the weekly mentor/mentee classes, and it was amazing to see where they
started and where they are going. If the City has the availability to help those in need, he
feels that it should. Today July 21st, the City celebrated its 100th birthday and had the
ribbon cutting at City Hall. In addition, he received an email from the City Attorney and
read the quotes into the record. The first one is by John Lewis, "Freedom is not a state, it
is an act. It is not some enchanting garden perched high on a distant plateau, where we
can finally sit down and rest. Freedom is the continuous action we all must take, and each
generation must do its part to create an even more fair, more just society". A quote from
C.T. Vivienne, "Non-violence is the only honorable way of dealing with social change
because, if wrong, no one is hurt, but if we are right, more people will participate and
determine their own destinies than ever before". His personal favorite, a John Lewis quote
is, "If not us, then who? If not now, then when". Moreover, his philosophy is to figure out
what can be done now, because we do not necessarily know what will happen in the
future.
3. Announcements, Community and Special events and Presentations.
A. Proclaim July 21, 2020 as the "City of Boynton Beach Centennial
Day". Mayor Steven B. Grant will accept the proclamation on behalf of
the City of Boynton Beach.
Mayor Grant proclaimed July 21, 2020 as the "City of Boynton Beach Centennial Day"
and accepted the proclamation.
Abby Guido sang "Happy Birthday" to the City of Boynton Beach.
Eleanor Krusell, Marketing Director, said she appreciates everyone's support in
changing the events that occurred this year and to smaller events and celebrating our
centennial on a yearlong process rather than on one day. The Marketing Department has
created a video that would be uploaded to our Facebook page, which provides a history
of Boynton Beach. Indicated she appreciates all the support.
Mayor Grant asked if the funding, which was not used to celebrate the 100th anniversary,
could be used to celebrate the 101St anniversary.
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Ms. Krusell stated this was a discussion for the Commission.
B. Recognize and celebrate the City's commitment to work towards full
compliance with the Americans with Disabilities Act. Debbie Majors,
ADA Coordinator, Ted Goodenough, ADA Assistant, Stephanie Soplop,
Recreation & Assessment Specialist and Beth Wagmeister, Business
Inclusion Outreach Specialist will accept the proclamation.
Mayor Grant recognized and celebrated the City of Boynton Beach's commitment to work
towards full compliance with the Americans with Disabilities Act.
Debbie Majors, ADA Coordinator, explained that the ADA has expanded opportunities
for Americans with disabilities by reducing barriers and changing perceptions, as well
as increasing full participation in community life. This legislation established a clear and
comprehensive national mandate for the elimination of discrimination against individuals
with disabilities. The ADA has expanded opportunities for Americans with disabilities by
reducing barriers and changing perceptions, as well as increasing full participation in
community life. The City has undertaken a number of administrative actions to bring
programs, services and activities into compliance. In 2015, the City designated an ADA
Coordinator who is responsible for coordinating all compliance activities. A notice to the
public and employees on their rights and protections under the ADA and how the City
complies is posted on the city's website and throughout the city's government buildings.
The City has adopted and administers a grievance procedure for resolving ADA related
grievances and complaints by the public and employees. A Transition Plan of structural
modifications needed to remove barriers limiting access to programs, including
installation of curb-ramps on walkways and pedestrian ways was created and is updated
annually to reflect progress towards full compliance with the Americans with Disabilities
Act. An Inclusion Support Team (comprised of 18 organizations, representing individuals
with disabilities) was created to provide insight and feedback, and collaborate with City
departments to create inclusive opportunities throughout Boynton Beach. In addition, in
2020, the City began reaching out to businesses to provide resources and support for
inclusion and compliance with the ADA, through the Inclusion Works Business
Recognition Program.
Ms. Majors noted Barrier Free Park provides opportunities for children and adults of all
abilities to play side-by-side. Created an accessible kayak launch at Harvey Oyer
Park. The city has an accessible beach mat at Oceanfront Park. The Links golf course
has an accessible golf cart. There is a wheelchair lift at the John Denson pool, and our
Recreation Department is the only Recreation Department which has an IRP, an
Individual Recreational Plan. Ms. Majors explained what an IRP was to the Commission.
Representatives from the community are planning for the accessibility in the new Town
Square. In addition, with the assistance from the marketing and communications staff, the
city is launching a new Facebook page, called Inclusive Boynton Beach. She explained
this is where the city would connect and further educate and inform our community of all
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the wonderful things which the city is doing, how the city connects with the community of
individuals with disabilities, and how they are becoming part of our city.
Mayor Grant stated he visited the Palm Beach Habilitation Center and it opened his eyes.
C. Town Square Update.
Colin Groff, Assistant City Manager, stated the City of Boynton Beach celebrated its
100th anniversary at the new building. The building is operational. As you know, staff is
working. It is open to the public to conduct business.
The District Energy Facilities Plant is complete and operational. All new City buildings are
receiving chilled water and service is available to all private parcels. Noted at the budget
meeting, the Commission saw a reduction in the city's electric bill. Fire Station #1: the
station is occupied and operational. Final punch list items will be complete within two
weeks. Police station: the building is occupied and operational. The contractor continues
to work through substantial punch lists. The cultural center building is substantially
complete; staff will be occupying under a temporary certificate of occupancy. City Hall is
a large building, occupied under a temporary certificate of occupancy.
Mr. Groff stated all of the infrastructure is underground. They have paved roads except
S.E. 1st and S.E. 2nd Streets. Town Square parks do not have names. The Central Green
has all the underground storm water systems complete, final grading underway, final sod
and landscaping and the amphitheater is complete. Kids Adventure Park: all sidewalks
and landscaping is complete, all equipment has been received and is being installed, play
surface will be installed after all the equipment is installed. The project is scheduled for
completion in 45 days; the public art installation has started and is scheduled to be
complete in 60 days. The Amphitheater: the structure is complete, waiting on final stucco
and painting. The electrical and A/V is under construction. The completion date is about
45 days.
Indicated the City has provided all utilities and infrastructure for the private parcels.
Temporary parking provided by JKM Development is 95% complete and in use by the city
employees. The South Garage building permit is approved for issuance on September
2019.
Commissioner Romelus inquired about the status of the naming rights campaign.
Lorie LaVerriere, City Manager, indicated because of COVID it has been postponed.
The City stopped paying the consultants; she felt that it was not the right time for the
program. She noted they are ramping back up. Indicated there has been some
communication with Harvey Oyer and he is working on a potential lead for the Adventure
Park.
Commissioner Romelus inquired was there any progress made before the postponement
of the program. She understood there was a donation from the Friends of the Library,
which was substantial.
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Ms. LaVerriere stated she believes Mark Hefferin has been working with the contractors
and the subcontractor to participate. Staff would have the conversation again, even
though COVID has not gone away and people are still having a hard time. Staff will
modify and soften their approach. Noted she should have an update within a couple of
months.
Commissioner Hay inquired if there is still more artwork going in. Requested an update
as well as the progress for a new director. Ms. LaVerriere replied she received over 100
applications.
Colin Groff, Assistant City Manager, stated there are several pieces of artwork scheduled
to be installed. The art from the old City Hall building, is going to be reinstalled in the new
building. There are several new pieces, which would be placed in the lobby within the
next 60 days.
Mayor Grant inquired about the RFP for the vendor for the Café and the incubator space.
Colin Groff, Assistant City Manager, responded staff has been working with Davison
Young and Keith O'Donnell who are developing the RFP. His goal is to have something
on the market within 30-45 days. Noted several local restaurants are interested in the
space.
Mayor Grant asked about the District energy plant and the filtration system. He expressed
concerns if someone contracted COVID, the intake from the air condition unit would need
some type of high-end filter system to prevent the virus from getting through the air duct
system.
Mr. Groff responded the chilled water plant is a closed-circuit system. There is a high
level of filtration in the City's air system. The City's chilled water plant does not have a UV
or Ozone treatment for a virus. Noted when this building was designed, the thought of a
COVID virus was not addressed; there are procedures for pandemic in the emergency
plans. There is space to have an UV or Ozone treatment, but the city would need to look
at the cost and the need to invest in that system.
Mayor Grant requested a cost analysis for the UV or Ozone treatment system at the next
Commission meeting. In regard to the naming rights, is this information on the city's
website or with the consultants?
Eleanor Krusell stated it was on the website; it could be pulled to the forefront for all to
see.
Mark Hefferin, E2L Real Estate Solutions, spoke about the COVID virus and the impact
on the Town Square Program. There were two incidents: the building was shut down and
city hall cleaned from top to bottom. Town Square was a team effort. The amphitheater
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and the playgrounds are coming together quickly. Mr. Hefferin addressed the naming
rights. Indicated his company sent letters to over 50 companies. His staff was giving 2-3
tours per week before COVID. He understands the program needed to be shut down
because of the COVID ban. They have an underwriter for naming writes.
Mr. Hefferin provided an update on Parcel 1, which has a sale and purchase agreement.
Stated there were three issues being addressed: One is the turning lane, which comes
off of Boynton Beach Boulevard, the easement that comes in between Parcels 1 and 2,
which allows access into the garage in the north-east First Avenue, lastly, just making
sure that we have parking at the site. The city has been working on extensive agreements
for all the parcels as it relates to parking and having easements and agreements that
constitute payment programs for recover that parking costs. A Letter of Interest (LOI)was
signed over 18 months ago. They have interest from higher end brands such as the
Marriott and Hyatt.
As everyone is aware, the hospitality industry drastically lost revenue source. At this point
in the construction, all new technology can be integrated into the building. The City has a
signed agreement for temporary parking, but permanent parking structures are needed
so that some of the projects can move forward.
Vice Mayor Penserga mentioned development was dependent on the parking garage,
which has been delayed. Inquired what is happening with the parking garage. Why are
there are delays and what is needed to get it back on track?
Mr. Hefferin replied there has been conversation regarding structuring the agreement for
parking as far as paying for the parking garage. Parcel 1 is tied to the Northern garage.
The south garage was schedule to go first. He believed it becomes a sequential event.
There is temporary parking on the north side; the south garage needs building. There has
been conversation about a podium garage on Parcel 1.
Mayor Grant commented on the aerial drone shots, with the ocean in the
background, Marina Village, great picture. Noted these pictures really show the benefits
of the city of how close to the ocean. Mentioned he sat with Mr. Hefferin on the Tourism
Board and mentioned one thing in regard to possibly switching it with Parcel 1, and Parcel
3. Stated prior to COVID, it was a business-oriented downtown. He was hoping talks with
the hotel it could be more of family oriented, maybe a lot more suites. Because we have
the Children's School House Museum, Civic Center, and the playgrounds. He would like
to have a more of a family friendly hotel, rather than a business-oriented hotel. Mr.
Hefferin replied they have always planned a select hotel, because the idea would serve
both the cultural center and longer-term stay in Boynton. This is a corporate type of event.
E2L is flexible to accommodate what is best for the City of Boynton Beach.
John Markey, JKM Developers, congratulated the City of Boynton Beach on 100 years.
Provided an update on Town Square. Noted because of the COVID economy, the private
sector is having a difficult time. The hardest thing to overwrite is the parking. Explained
vertical parking is very expensive. If the rental rates, the income rates, or the sale rates
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do not cover the cost, the plan will not work to build a parking garage. They are very close
to the profit margin. He said he told the Commission from the beginning that they are
trying to push what the market wants as far as pricing and product. Indicated last August,
he spoke with city staff about accelerating both garages North and South by having the
city sign as a co-signer and co-guarantor of construction loans for both garages. Mr.
Markey indicated both he and the city staff sat down with Iberia, and Iberia was willing to
finance both garages at 100% loan to cost. The city decided that they did not want to co-
sign, there was too much of a risk. He informed the city that there would be some risk,
but there was no way that Iberia bank would release him from his personal guarantee.
He asked City Commissioners to instruct staff to open those negotiations again.
Explained this is a longshot, it is harder, because there are no construction lenders who
are lending money right now. Stated until the situation with COVID improves, banks are
not lending money. He requested the City Commission to provide funding through tax
increment financing (TIF). He asked if the Commissioners and the Mayor would instruct
staff and instruct Michael Simon to start conversations about TIF financing. Requested
help getting easements on these properties cleared up. Noted CFP has had those
easements since the contract was first signed. Explained he cannot legally access those
properties. The termination of these easement documents was given to the city six
months ago in January, and nothing has happened.
Commissioner Katz requested an assessment of when the city could anticipate
completion of the southern parcel, the residential, and the parking garage. In addition,
wanted a timeline on the northern parcel. Inquired if the agreed upon completion of May
2021 for the south end, and December of 2021 for the north end are valid timeframes.
Alternatively, asked if there any issue with what has been established thus far.
Mr. Markey stated those timelines are completely gone. It is impossible to meet those
timelines; he will live up to his commitment to finance the south garage and the south
building, he stated together this could be done. As soon as a construction lender or any
debt, loosen up. Stated he does not have a problem with the equity portion of$22 million.
Mr. Markey stated he needs someone to finance the debt. Right now, no one is going to
finance the debt.
Commissioner Katz stated he was under the impression that financing had been secured
to start construction in April of 2020. He could understand because of COVID there may
have been delays, but he understood the south parcel had financing.
Mr. Markey stated they were very close, and he worked with staff for several months.
Bridge Invest was willing to finance the North and South garage, if the city would pre buy
the garages. Mr. Markey noted there are pre buy arrangements, in the current contracts. It
was a matter of accelerating that clause.
Commissioner Katz commented in order to move this project forward, the CRA would
hypothetically have to invest millions in additional TIF funds, and the city would have to
become the risk bearer for the garage construction. Commissioner Katz noted it was
getting more difficult for him to see a pathway forward. It sounds like the P-3 partnership
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is not really showing a partnership if the City funds everything and bear the risk for
everything. The City has financed most of the project and provided land incentives. He
does not know if it is better to proceed by doubling down or to investigate whether the
path forward is feasible. Commissioner Katz stated he may need additional clarification
and a greater conversation, and the public should be involved. There have been some
circumspect answers coming from all sides, and he is not clear on what the timeframes
are, or what the expectations are anymore. He stated there were some concrete
deliverables and, now it is not. Taking COVID into consideration, he has some question
marks. He does not want to continue shoveling more money into this project from the
city's end. The city should take the reins back, if the city is already doing everything other
than constructing the building.
Commissioner Katz again stated he was looking for clarity, because if the path forward is
to double down on the investment and bear additional risk and spend additional millions
of dollars, which that is a great deviation from everything, planned and
expected. Commissioner Katz stated he feels uncomfortable with the lack of clarity,
timelines, funding, and the nature of the project.
Mr. Markey responded he takes exception to the assumption because the scenarios
offered, cost the city nothing. Indicated he is the one on the loan, paying interest and the
one underwriting this scenario. The city would be the co-guarantor. If the developer
receives TIF funding, the tax base would increase. TIF is a common way to get this type
of project done in communities across the country. Indicated he was not asking for
anything the city is spending. He is asking to share some of the wealth of the tax base he
creates to get this to happen. Again, this is not costing the city money.
Commissioner Katz expressed if the city becomes the co-guarantor of the debt, the city
is liable. With the TIF funding, the tax revenue generated from the projects the city has
already given land as well as put up millions in incentives to get this project going. He
agreed this would be new money because of the development and the increased taxable
value. Indicated he does not mean to belabor the issue, but if the city is going to have to
increase their stake in the project, then at what point does the city need to take back
control of the project? Commissioner Katz questioned Mr. Markey as to if he was in a
position to sign a legal document which states the property could not be flipped.
Mr. Markey responded he was willing to sign a document for Parcel 7. He does not think
a document needs to be signed for the other parcels. Indicated he would sign a written
agreement, stating he would not sell the property without the city's consent, but if it were
in the best interest of the city, and the best interest of his firm, he would sell. He would
commit to have mutual consent from the city. Indicated the incentives he received are not
enough to complete the project. The market has changed as well as the world. Noted
when Riverwalk was approved, there was conversation about their underwriting, because
it is not possible in this market to underwrite that type of construction. Mr. Markey
indicated he believes in this project. The other option is to wait on the market to come
back. He would finance Parcel 7 and the garage together and get that done. He stated
he could not provide a timeline.
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Mayor Grant inquired about the millions in upfront incentives. What exactly did the city
provide in incentives? Mr. Markey responded it was free land and some cash, but the
land today is not worth the appraised value. The land appraised at $29 million at door as
approved, it is not going to appraise for that now.
Mayor Grant understood the land. Asked how much money did the city give the private
developer. Mr. Markey responded $1.9M.
Lori LaVerriere, City Manager, stated there were other incentives such as utility work.
Mayor Grant asked if the utility work has been completed. Mr. Markey responded yes and
no. He is not going to disagree that the city fulfilled its commitment, but there is utility work
that remains.
Ms. LaVerriere stated the city does not put in natural gas. Noted what the city utilities
commitment was, has been installed, completely.
Mayor Grant expressed COVID has been with us about four months and inquired why is
the Commission hearing about this now. There was a request to have monthly updates
regarding Town Square. The Commission should have been told in April or May, not July.
Mr. Markey apologized for not making the Commission aware sooner.
Mayor Grant stated when this project started back in 2018, he was always aware that it
would take longer than expected. He expected it to be three years instead to two. This is
not the time to speak about TIF funding. The TIF funding needs to be discussed at a CRA
meeting. The aspect of the P-3 arrangement if the private developer defaults, the city
would own the parking garages, and therefore whoever is an owner of those residences
would then pay the city for those parking spaces.
Mr. Markey responded those issues were worked out, prior to COVID.
Mayor Grant stated it is understandable that the city with its assets and revenue is
definitely a larger partner. He understood that the city does not own the Library nor the
City Hall. A bond was issued to pay for the new City Hall and Library. The city is repaying
CFP. He is okay with the city being a cosigner. The city needs the parking garage. As for
TIF funding and the CRA, that is for another conversation. Mayor Grant stated as they
saw with 500 Ocean, the project received approval February 2018 and the city did not
receive any money until the 2019/2020 fiscal year. Noted there is still no one in those
commercial locations. He is aware that it is not cheap to issue TIF funding. He is in favor
of co-signing and clearing up some parking easements.
Commissioner Romelus expressed concerns about what is happening. There have been
monthly updates regarding the project. Indicated she is concerned that the Commission
is finding this out now. She asked if there is something going on that can actually be
resolved here or are we just delaying the inevitable. As stated, something even worse
may happen down the line. Requested candor and frankness, so the city knows which
way to go. Indicated this was problematic for her, because the city is celebrating our 100th
anniversary today and to hear this is disturbing. She stated she understood there were
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some delays. What are the reasons for the delay? Commissioner Romelus noted she
wants to hear a better answer than, "I take the blame." Stated she wanted honesty.
Mr. Markey stated he has not been out of the house in months. He is just getting up to
speed on how to use GoToMeetings. He stated he has never been invited to a
GoToMeeting until today. He made a commitment to keep the Commission up-to-date.
Commissioner Hay indicated he feels uncomfortable on what is being said.
Attorney Cherof clarified the item on the agenda is just a report. He will personally get
with each Commissioner to refresh and discuss the contractual obligations of the
transaction.
Vice Mayor Penserga stated he was uncomfortable with what he heard today and in
previous meetings. There has been one delay after another. There was an agreement
and incentives provided, deadlines missed on multiple occasions. He appreciates coming
with proposals, it was better to have some proposal to move forward than none. However,
to ask the city to double down and to commit to more risk at a time when the city finances
are place additional risk, he does not think the city could bear the additional risk. The
options provided will need to be a separate conversation at the CRA.
Lori LaVerriere, City Manager, stated she would reach out and set up individual meetings
with the Commission.
D. Library Update-Craig Clark Library Director.
Craig Clark, Library Director, announced the Boynton Beach City Library will open at
their new location in City Hall on Monday, July 27th at 9:00 AM. Provided the new Library
hours: Monday through Thursday, 9:00 AM to 7:00 PM, Friday and Saturday, 9:00 AM to
5:00 PM. Closed on Sunday. The library hours and services were reduced due to COVID-
19. Requested library customers limit their browsing time to 30 minutes and computer
appointment to one hour per day. Explained due to the pandemic, only a limited number
of users can be in the building at any given time to keep everyone safe. Announced
meeting rooms and study rooms will only be available once the pandemic is over.
Curbside and pickup service will be available by appointment by calling (561) 742-6390
beginning July 27th. A parent or legal guardian must accompany teens and children under
the age of 18.
Mayor Grant inquired about late fees and books that have not been returned. He would
like to receive another library update. In addition, he would like to have an update
regarding the RFID system versus the UPC.
Mr. Clark replied, the Library no longer charges late fees, all material has been extended
until August 3rd. Responded the RFID conversion has been completed. The library will
be introducing this new exciting technology to our customers as they come into the new
library. The library has new self-checkout machines and two 18-unit laptop kiosks.
Mayor Grant indicated he was concerned because the library is no longer charging late
fees and wanted an update on whether the library is losing books.
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Mr. Clark stated he would provide this information at the next library update.
E. Mobile Testing Site
Vice Mayor Penserga reminded everyone the Mobile COVID Testing Clinic will be at the
Boynton Beach Mall next to Sears tomorrow morning, from 9:00 am to 4:00 pm. This
mobile clinic is from the Healthcare District of Palm Beach County. It is free. This is the
nasal swab test. Noted this is not a drive through, people will need to park and walk up
to the mobile clinic. Monday, July 27th from 9:00 am to 4:00 pm. in the Senior Center. The
city had a recent event at the Hester Center; about 300 residents came and took
advantage of that opportunity. The east side is declared a red zone, meaning that there
is a high rate of positivity.
F. Feeding South Florida- Christ Fellowship
Vice Mayor Penserga announced a partnership with Feeding South Florida, having
another free food distribution drive this Saturday from 9:00 am to 11:00 am at Boynton
Beach Mall.
Commissioner Hay asked for clarification as to the number of people at the Hester Center.
Vice Mayor Penserga stated he believed it was more than 300 people which were tested.
Lori LaVerriere, City Manager, stated this was a mobile unit, which services all of Palm
Beach County. There are 60 testing sites in Palm Beach County. This mobile unit services
the entire county. Indicated availability is one of the issues, the county is the one with the
resources to set up the testing sites. The county is using the Cares Act money to provide
testing and assessment. Noted there is high demand for the unit to travel throughout the
county.
4. Public Audience
Individual Speakers Will Be Limited to 3 Minute Presentations (at the discretion of
the Chair, this 3-minute allowance may need to be adjusted depending on the level
of business coming before the City Commission)
Alan Karjalainen, Web Design Coordinator, provided an overview of how to participate
in the online meeting.
Susan Oyer, 140 SE 27th Way, wished the City of Boynton Beach a happy
Centennial. There was a card which she and her neighbors signed for the City
Commission. She hopes when this is over, the city can find some money in the budget
somewhere and have some kind of proper celebration because the residents are paying
for it.
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Mayor Grant closed public audience.
5. Administrative
A. Appoint eligible members of the community to serve in vacant
positions on City Advisory boards.
Mayor Grant announced openings for each Board.
Mayor Grant made a motion to appoint Robyn Lorenz to the Arts Commission as a
Regular member. Commissioner Hay seconded the motion, which unanimously passed.
6. Consent Agenda
Vice Mayor Penserga pulled item A
Matters in this section of the Agenda are proposed and recommended by the City
Manager for "Consent Agenda" approval of the action indicated in each item, with
all the accompanying material to become a part of the Public Record and subject
to staff comments
A. Accept surtax capital project status and CIP amendment report for the 3rd
quarter of fiscal year 2019-20 (April through June 2020).
Gary Dunmyer, City Engineer, informed the Commission, staff finished the asphalt
paths. As some of you may be aware. The asphalt path was spalling, in several places. It
was at a slope that exceeded ADA guidelines. Staff were able to get in there and remove
all the asphalt in late June, as of last week, the asphalt path is completely repaired. Work
is scheduled to be done on Thursday and the park should be completely finished on
Friday of this week. The only thing that would be outstanding maybe after Friday was
maybe some minor irrigation.
Vice Mayor Penserga inquired about the lighting upgrade. Mr. Dunmyer responded staff
would provide the engineering design. Then next year, do the capital project, which would
include, redoing the parking lot and improving the lighting. There was an opportunity to
take part of the engineering design and incorporate it into a project this year. There was
$70,000 set aside to do the asphalt repair. Noted next year, the lighting issue will be
addressed.
Motion
Vice Mayor Penserga moved to approve. Commissioner Romelus seconded the motion,
which passed unanimously.
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B. Proposed Resolution No. R20-068 - Accepting a construction and permanent
drainage easements for the installation of new drainage pipe system at 2601 N.
Lake Drive in the Lakeside Gardens Neighborhood and authorize the recording
of the easements with a lump sum cost payment of $12,500.00 for the permanent
easement and $10.00 for the temporary construction easement.
C. Legal expenses for June 2020 provided at the request of the City
Commission. No action required.
D. Approve minutes from the City Commission meeting on July 7, 2020.
Motion
Commissioner Katz moved to approve the agenda as amended. Commissioner Hay
seconded the motion, which passed unanimously.
7. Consent Bids and Purchases Over $100,000
A. Approve an increase to the estimated annual expenditure of Bid # 019-2821-
19/IT "Repairs and Emergency Services for Water Distribution, Wastewater
Collection and Storm Water Utility Systems" in the amount of $180,000,
increasing the estimated annual expenditure from $175,000 to $355,000 for
the remainder of fiscal year 19/20.
B. Award task order F-32-2020 Public Works Lobby and Security Upgrades, part
of Bid No. 018-2511-18/IT for Minor Construction Services, and authorize the
City Manager to issue a Purchase Order to Anzco, Inc of Boca Raton, FL as
the lowest responsive, responsible bidder in the total amount of$112,651.
Motion
Commissioner Katz moved to approve the Consent Agenda for items over $100,000.
Commissioner Hay seconded the motion, which passed unanimously.
8. Public Hearing
6 p.m. or as soon thereafter as the agenda permits.
The City Commission will conduct these public hearings in its dual capacity as
Local Planning Agency and City Commission.
A. Proposed Ordinance No. 20-028 - 1st Reading - Approve amendments to
Part II of the City Code of Ordinances, Chapter 14, Motor Vehicles and
Traffic, creating a new Section 14-14, Parking Meters, to add definitions,
standards, and fees to regulate parking meters in the City and striking
Chapter 16 Section 16-61 and 16-82 removing redundant language.
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Mayor Grant read proposed Ordinance No. 20-028 into the record by title only on 1st
reading.
Andrew Mack, Director of Public Works and Engineering, provided a presentation with
the overview of the ordinance changes. The new changes establish Section 14-14
Parking Meters, as well as striking existing Section 661. The launching of boat trailers for
a fee at Harvey E. Oyer, Jr. Park and striking existing Section 681, Rules and Regulations
and Parking for vehicles at Ocean Front Part, both these have redundant language. Also,
as part of this ordinance, the city is establishing definitions, locations of parking meter
zones and the authority to install meters. Also, setting parking time limits. Parking meter
permits, prohibited acts, issuance of parking ticket violations, liability for paying the
parking ticket violations, penalties for not paying target to get violations. Mr. Mack
Discussed timelines, November, staff, awarded a contract. Currently having weekly
meetings with the vendor. The project is projected go live as of October 1, 2020.
He provided an overview of how the system works. The city wanted a turnkey
solution. Initially, six kiosks to be installed at Oceanfront Park, and Harvey Oyer, Jr Park.
Park Mobile will add the city zones to their existing mobile app, which then make it
available throughout the country. Download that app and one will have availability to use
Park Mobile at those locations. Parking tickets will be done via city parking rangers. Park
Mobile will provide collection of unpaid parking tickets after 14 days as well as a 90-day
secondary collection effort. There is a customer portal, which allows enrolled motorists to
view their accounts, see current tickets status, contest eligible tickets, view tickets and
payment history, view original tickets and late notices and enroll in payment plans. The
motorists can receive emails with due date alerts, such as fee remainders, payment plan
due dates, secondary collection eligibility, and sanctions such as DMV holds.
Reviewed the parking rates and fees. Noted the daily parking rate right now is $10 per
day. We charge those rates from 8am to 4pm. Staff is proposing to go to a $1.50 per
hour rate, and the rates would start at 7 AM to 9 PM. Some people may not stay that long,
so they actually could pay less. Provided an example of paying an all-day ticket for $10.
A person could go for two hours and pay $3.
The City is retaining parking permits. Created a resident parking permit and a senior
parking permit. Increases the fees on the resident parking permit from $50 to $75
annually, and then added a new category of senior parking, which the city does not
currently have. The rate is $50.The nonresident rate remains the same, which is $200.
Boat ramp and launch: the city currently does not charge for parking or launching. The
new cost would be $10 per day, that includes Friday, Saturday, Sunday, changing to a
$1.50 per hour at the boat ramp with a maximum daily fee. It will be $10 during the
week. Then on Friday, Saturday and Sunday, the max rate would be $25.
Provided a rate comparison of some of our local neighboring municipalities' daily, weekly
and annual rates. The City of Lake Worth Beach is lower, but only offers 50 spaces. The
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daily rate proposed is $1.50 for weekdays and weekends, the parking permit is $75
annually, and senior-parking permit is $50. Annually, the boat ramp launch fees are $1.50
per hour with the max daily rate of $10 per weekday and $25 for the weekend.
Parking permits: staff is proposing an increase in fees. Senior parking is proposed at
$50 annually; Delray Beach is at $95. Lake Worth is $40. In addition, Boca Raton is $62.
Vice Mayor Penserga requested clarification. Is the request tonight just for the boat ramp
at Harvey Oyer Park as well as the Oceanfront Park? Mr. Mack responded correct.
Approve the ordinance to access the authority to install the meters and locations.
Vice Mayor Penserga, stated parking passes are still in existence. Mr. Mack explained
staff is moving away from parking permits at Oyer Park.
Mayor Grant stated he was not in favor of changing and increasing the rates for residents
this year. He does not understand why the residents are being asked to pay more while
the nonresidents' rates are remaining the same. Suggested a dollar during the week and
a $1 .50 during weekends and national holidays is what he proposes for the City
Commission. He inquired about the ability to pay with cash. Mr. Mack responded the
kiosk would accept cash and credit cards at the beach. The software would allow the
customer to see the availability of spaces.
Mr. Mack stated the ordinance was made available at city hall. Stated as part of Park
Mobile's package, they provide the city with a kickoff campaign implementation. The city
would also use Park Mobile social media platforms as well to educate the public as well.
Question Online:
Ace Tilton Ratcliff asked if there will be any parking option similar for seniors, with
disability placards?
Mayor Grant stated there is senior parking; the handicap parking is not free.
Ace Tilton asked if City Hall parking was free.
Mayor Grant responded yes, the parking at City Hall is free.
Ace Ratcliff asked if is it possible that you will have to pay to go to our new downtown in
the future?
Mayor Grant stated that it was possible, but it was unlikely based on the conversation
now.
Ace Tilton Ratcliff asked if there would be reduced fees for handicap parking.
Mayor Grant stated there would be a conversation at a later date.
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Michael Wilson inquired would there be digital signage at park entrances, advising status
of the lot.
Mayor Grant closed Public Comment.
Mayor Grant responded if there is any type of sign, it would be in accordance with Ocean
Ridge's sign ordinance. This would need to be discussed with Ocean Ridge before any
digital sign is placed. Mr. Mack stated a digital sign is not planned at this time.
Commissioner Hay asked when the meters would go online. Mr. Mack indicated it would
go live in September, but the fee rate structure would remain the same until the
infrastructures are in place and we are able to charge for parking. The ordinance would
be enforced after the second reading.
Vice Mayor Penserga stated he was not in favor of increasing the rates for the residents.
Make sure the system could accept meters and the passes.
Motion
Vice Mayor Penserga moved to approve. Seconded by Commissioner Katz, the motion
passed unanimously.
City Clerk Gibson called the roll. The vote was 5-0.
There was a consensus for no increase to the resident passes.
B. Proposed Ordinance No. 20-027 - Second Reading - Approving
amendments to the LAND DEVELOPMENT REGULATIONS (CDRV 20-003),
revising Chapter 3. Zoning, Article IV. Use Regulations, Section 3.D, Use
Matrix, note #34, updating the Home Occupation provisions, in part, to allow
one non-resident to assist with operating the home-based business.
Attorney Cherof read proposed Ordinance No. 20-027 on second reading into the record
by title.
Motion
Commissioner Romelus moved to approve. Seconded by Commissioner Hay, the motion
passed unanimously.
Opened to public comment.
Public Comment closed.
City Clerk Gibson called the roll. The vote was 5-0.
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9. City Manager's Report
A. Police Chief Michael Gregory will discuss the #8Can'tWait recommendations
put forth from the 501c3 organization — Campaign Zero. An update will be
provided on current use of force standards and the implementation of those
standards.
Police Chief Michael Gregory, noted there has been a great deal of conversation
regarding police use of force, particularly following the May 25th death of Mr. George Floyd
in the custody of the Minneapolis police, this conversation has been nationwide.
One of the outcomes of all this discussion has been the project referred to by the
campaign. Zero Group is to have recommendations for police departments to incorporate
into use of force policies. This has been referred to as 8Can't Wait.
Expressed 8Can'twait topics proposed by the campaign zero project. Specifically, the,
project looks to have these eight recommendations, incorporated in the police
department's use of force policy. The first being require de-escalation, banning of choke
holds and stranglehold. They are also frequently referred to as neck restraints. Duty to
Intervene, ban shooting at moving vehicles, require use of force continuum, exhaust all
alternatives before shooting, warning before shooting, comprehensive reporting,
clarification of policy language.
Police Chief Gregory indicated most departments have historically had a duty to
report. Indicated this is common that if there is misconduct, there is excessive use of
force. If there is unnecessary force, officers who witness that have a duty to report that to
their supervisor and/or internal affairs or some power to investigate it. However, the duty
to intervene and stop is a bit of a next step in the evolution of that process. The next talks
about banning shooting in moving vehicles. This was a very common one, most
department policies, some language that affect the next one, goes into the requirements
to use a full continuum, which basically explained with a price that the process, the
thought, says an officer must consider before going to the next level of force. When you
start with conversation, and then you get to a physical restraint and the next day, you get
to using some sort of an active restraint and then, it may involve going to some sort of a
less than lethal weapon. Then as a last resort getting to a lethal type of situation. The
department has a process which officers have to consider between going from one level
to the next.
The City policy does use the language referring to neck restraints, and that had been in
place since 1999. It does prohibit the use of neck restraints, or chokeholds unless it is a
use of lethal force situation. The duty to intervene is has been added, as mentioned, the
city has refreshed our policy, banning the shooting at moving vehicles. That had been in
policy here in Boynton Beach since 1985. The guidelines going back historically use of
force continuum, is a widely used strategy, and has been in place since 1999, requiring
exhausting all alternatives before shooting. That had been in place since 1999 and
requirements for warning. Before giving a warning before, or deadly force is used, had
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been in place in the city policy since 1990, and then the last one, requiring comprehensive
reporting, has been in place since 1985. Again, common language. In addition, to the
point, and using more of this language, which is more modern, you might say that people
are attuned now. The City of Boynton Beach has six items, codified in city policy, and we
needed to update it with the duty to intervene, as well as clarifying some of our language
to be a little more concise and explicit with relating directly to this.
Lastly, he is proud to show the Commission that the City of Boynton Beach has updated
its policy to include all eight recommendations
Commissioner Hay stated the 8 objectives are subjective. How do you measure the city
is practicing these objectives? What type of training does the officers have in de-
escalation?
Police Chief Gregory responded there is a number of ways this could be measured. When
the city receives a complaint, there will be an investigation by the internal affairs section,
or the division commanders. Chief Gregory explained officers are required to document
their use of force in their police report. The supervisor reviews those reports. In addition,
the City of Boynton Beach officers wear body cameras, so that can be played back and
review to see what has taken place. Chief Gregory stated there were several incidents
where people expressed concerns about an officer being rude, discourteous, or not de-
escalating. He has gone back and watched the video and found it to be the opposite
where the officer was often cordial. Noted this may not be the case all of the time. There
is a great benefit of the Body Worn Camera program. The cameras allow for the play back
and see what took place. In addition, he found on a number of occasions that what was
been told by a complainant happened is not always what happened.
Commissioner Hay asked if there was a policy against someone recording with a cell
phone. Chief Gregory responded, no, it is not, but gave a caveat to that, if you are a third
party, any not involved in that contact with the police, you can certainly stand by and use
your cell phone to record what is taking place. You are within your rights to do
so. However, if you are the subject of the officers' interaction, if you are the one receiving
the traffic ticket, if you are the one who is being addressed by the officer in some sort of
domestic violence or some sort of suspect of a crime, obviously, the officer has to take
control of the situation. If the suspect is trying to go into your pockets, their pocket, it is
an unsafe condition and the officer can restrict your motions, your movement at that point
in time, to ensure the safety of the officer. During that contact, if you are the subject but
any other innocent, bystander third party group could certainly record the incident, and
that is legal under the Constitution.
Commissioner Hay asked if there are any violations of the 8 recommendation. Chief
Gregory replied that is the key of rolling the recommendation into policy. These will be in
policy, and it would be if someone violates one of them. It would be a policy violation and
then that would be taken on the totality of circumstances how egregious the violation. As
an example, did they use excessive force and injure someone who went to the
hospital? Did the officer just did not give you enough time to de-escalate before they took
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you into custody for shoplifting? It depends on the circumstances. The result could be
anything from a warning to retraining to discipline.
Mayor Grant indicated he had a couple of questions regarding Internal Affairs. Spoke with
a couple of residents that have stated they are afraid to go to internal affairs, because
they believe there will be reprisals from the police. Asked for explanation of the actual
policy procedures. Chief Gregory noted this was not the first time he has heard this
complaint, not just in the City of Boynton Beach but in other cities as well. Expressed to
alleviate that concern from the community, one of the steps we took, after he got here
was to relocate internal affairs outside of the police station. People would feel less
concerned about potentially encountering the obstinately one complained on, in the lobby
of the police station. Complainants do not need to come in to make that complaint; this
can be done at our offsite internal affairs office, and on the website. They can send a
letter and via mail. They call our internal affairs office, speak to someone over the phone,
and relay the information. Noted there needs to be an actual complaint in some specificity
as to what their allegation of the misconduct is for us to investigate. A statement needs
to be made, regarding the misconduct allegation on the officer. The City of Boynton Beach
Police Department attempts to make it convenient, not intimidating for the public to come
forward and raise concerns.
Mayor Grant asked where the place is to find the number to report a complaint. Chief
Gregory provided the telephone number and website address.
Mayor Grant inquired about the upcoming school year and incidences of child neglect.
Chief Gregory stated there would be an investigation and send an officer out there to
initiate an investigation and probably would also be required to notify the Department of
Children and Family Services (DCF) so that they conduct an investigation for the well-
being of the child.
Mayor Grant asked about a high schooler who is 15 and has been left alone. Chief
Gregory stated generally speaking, the older the child, the more mature they are. But,
again, it is somewhat of a case by case situation. If the child has a disability, some mental
condition that prevents them from being able to take care of themselves sufficiently, those
could change the actual age that someone should be left alone. The Police department
would call in our partners with DCF to also do a child well-being investigation and a
decision may be made at the end of that investigation as to what was appropriate or not.
Mayor Grant asked about someone over the age of 18 in the house that was deemed to
have been watching the child but wasn't really doing their job, who's responsible at that
point. Chief Gregory stated it would the responsibility of the adult care taker.
Vice Mayor Penserga asked about the duty to intervene. Noted this is difficult because
this was a culture change. There was a massive power discrepancy, there was a senior
training officer and a rookie, how would how would you go about taking this from paper
policy to actual common culture to the department?
Chief Gregory stated, it will be a challenge and it will take time to sink in and change the
culture, but it is something that has to happen. There is that underlying theme that will
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this person who is my senior, what is going to do for my career. By implementing a policy
such as the Duty to Intervene, it takes that discretion away from the rookie employee. It
is a requirement of the department that they intervene, and they report, and that should
give some amount of cover. You might say to those new officers who do not feel like they
are comfortable speaking out necessarily well, it is not an option.
Vice Mayor Penserga commented that if he were a rookie officer and was in that situation,
part of his thinking would be that he would be afraid that there might be some retribution
towards him for standing up and doing something about it. Inquired if there some sort of
guarantee or protection for the person who is standing up to do the right thing.
Chief Gregory stated there is a policy.
Commissioner Romelus thanked the Chief.
Commissioner Katz stated he appreciated the presentation and the questions.
Mayor Grant asked if the City of Boynton Beach had any incidents of any rioting or looting.
Chief Gregory replied, no.
Mayor Grant thanked the Chief and the police department for their service in making sure
that all of the businesses and residents are safe.
Chief Gregory stated he would pass that on to the officers who are out there on the streets
and in the public regularly.
10. Unfinished Business
A. Proposed Resolution No. R20-060 - Approve the request from New
Cingular Wireless PCS, LLC (formerly Bellsouth Mobility Inc.), Lessee to
amend the lease agreement for the 150 foot telecommunications tower at 300
East Woolbright Road (City's Little League Field site).
This item, Item 6.A. from the July 7th meeting, was tabled. Staff has re-
negotiated the proposed lease amendment as directed by the City
Commission for in the interest of increasing public access to wireless
service within the immediate area of the tower. Only Sections "9.
Additional Rent" and "14. Consideration" were revised. The proposed
additional rent has remained unchanged; however, details were added
to show the association with public wireless access. Also, the
applicant has increased the total lump sum consideration by $5,000 to
fund the installation of public wireless infrastructure.
Mayor Grant read the proposed resolution by title only into the record. He also read the
bolded section.
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Motion
Commissioner Hay motioned to remove from the table. Seconded by Vice Mayor
Penserga, the motion passed unanimously.
Motion
Commissioner Hay moved to approve. Seconded by Vice Mayor Penserga, with
discussion. Motion passed unanimously.
Vice Mayor Penserga inquired on the topic of wireless infrastructure and asked if anyone
from the school board contacted anyone. Mentioned Erica Whitfield presented the School
District plan for public Wi-Fi to meet the demands of the students in Lake Worth. He
suspects maybe that will be forthcoming for Boynton. He asked if anyone had discussions
on this.
Mayor Grant stated he has not spoken to any of the Palm Beach County School
commissioners.
Vice Mayor Penserga stated given everything that has been happening. He suspects that
they will be pushing through with it. The City may have a good opportunity here to
collaborate with the School Board of Palm Beach County to make that happen
11. New Business
A. Upcoming Palm Beach County School Year.
Mayor Grant said he was concerned regarding to parents leaving children at home with
computer and internet without parental supervision. What happens when we start seeing
minors on the streets during working hours during the week? The questions have been
going on in his mind and he wants to be proactive about this. Indicated if the city could
find a solution to a problem before it happens. Noted the library has the free Wi-Fi and
free rentable Wi-Fi is not free rentable laptops. However, it is not enough for every child.
The aspect to subsidize or extremely discount wireless, or internet from Comcast, AT&T
is great. The city needs to get that information, so that we can share that with the residents
and parents so that everyone has access to the internet, because internet is at that point
where it is an essential utility, if you are going to school. We cannot allow our residents
and students to fall behind, especially a school year, if they do not have this valuable
resource. He was asking the Commission to brainstorm some ideas, and to reach out to
the Chambers of Commerce, or big box retailers, nonprofits to create a collaborative
partnership. City staff could reach out to residents that may be hesitant to ask for help.
Mayor Grant stated he would like to start a conversation and get ideas. The main idea
that he wanted to promote some type of pods, to assist our community. Noted learning
pods are meant to overcome the deficiencies of solitary online learning. Essentially, they
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are a small group of families combine their kids together in a group. They meet in person,
at one of the families' homes, where either a hired tutor or one of the kids' parents guides
the students. Instead of having school with hundreds of people, the group would be limited
to 5 or 6 other students instead of 600 students at school. Indicated it does not mean that
they are in the same class or school. It was the aspect of making sure the children
understand they have a routine. Indicated some people are fine with not leaving the
house and being productive, and some people are not. And that's kind of where, I think
it's a little bit harder for a child to understand the difference between work and play in
home, if they are all in the same location.
Commissioner Romelus stated she understands the concern. She expressed confusion
on what is being proposed, as a city what could be done in its capacity.
Mayor Grant stated the city has some facilities which may be available to provide some
type of child care. Mentioned the Carolyn Sims, the Civic Center and the Library. The
children are at home and nowhere to go. The City does not have an educational liaison.
Using our Parks and Recreation department? Can we create best practices for our
students? Because, at one time, we did not have the availability to reach out to them
during the school day. Now, we are going to have that availability through our parks and
recreation department. He does not have an idea of something that the city can do, this
is our opportunity to brainstorm and resources. He recalls seeing an email from the
Assistant City Manager Kathryn Matos regarding school supplies for Citrus Cove
Elementary. Asked how many other schools need help with school supplies. Inquired if
the city could help raise funds or donate funds to the school.
Commissioner Romelus stated in the past staff had dress down Friday and donated to
help organizations. Perhaps, that can be geared towards helping local schools and
money raised can go towards art supplies. She had a conversation with the City Manager
about getting staff to volunteer and help and being partially compensated. There are
many families in need of tutors for their children. Their children are struggling and falling
behind academically. Noted we all are in the same boat; everyone is trying to figure out
what to do and where to go. Expressed this is definitely an important conversation that
needs to be had. She wants to make sure that the city does not place undue burden on
our staff, as this is not necessarily in the city's realm to resolve.
Vice Mayor Penserga thanked the Mayor for introducing this item for the consideration of
the Commission. He would like to volunteer, to reach out to our school board members,
the school district to see what is the situation with their Public WiFi Project. The City could
do a better job in pushing out some programs offered. As an example, Comcast has
Internet Essentials. He understood many people do not know about it. This should be
pushed out in the City newsletter as well as on the website. Provide resources people
could take advantage of immediately. Vice Mayor Penserga mentioned that there was
something staff could do too, or be a part of, or easing the burden of childcare.
He has a concern if the city congregates kids and have an outbreak, this would be a
serious liability for the city. He does not think that is the City of Boynton Beach's place.
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The city should not place itself in that legal situation. He does think in terms of our city
employees, since we are one of the largest employers, and where it is possible, could be
more flexible with our city employees that have children. Maybe just being more cognizant
and be more flexible with shifts. However, what you are really bringing up is for the
residents. Again stated, being more flexible with our employees, particularly the essential
ones that really must show up to work, no matter what, as well as working with the school
district.
Commissioner Hay said he supports what has been said and thinks it is good to be
proactive. We just need to look into that a little bit more and build an understanding with
our employees and just because there are some counties that it is mandatory, and others
are not. He heard about a meeting where they are talking about trying to use the churches
as a possible site, two, and maybe try to call some teachers out of retirement to help.
Commissioner Katz indicated he was open to if someone can come up with some ideas
to assist parents and the community or third parties in the community to tackle some of
the negative consequences of child supervision and distance learning and how all that
works out for parents. He does not believe the city has a direct or formal role. Certainly,
could not support anything which created a new activity, or obligation for city employees
did that expose them to additional contacts. He needs to be consistent with his position,
with the school district, and the need for distance learning, minimized social interaction to
not spread the virus. He could not support anything that really created new interactions
for our employees. He said he appreciates the spirit of it and noted he has been neck
deep in all sorts of things, including this type of concern for employees and parents who
have children going back or not going back. Noted he was not against creative ideas but
does not have any ideas of what the city's direct role could truly be other than co-operating
or assisting the school district within our own municipality.
Mayor Grant stated the city has never had to deal with this type of situation. That is the
worst kind of problems,the ones you do not know that you need to know about. He noticed
some of the schools had banners advertising businesses, inquired about sponsoring the
school. He was unaware if the city could offer sponsorship or are they allowed to reach
out to the city partners to see if any businesses or associations and give a little to the
students in need. Most of the schools in Boynton Beach are Title One schools.
Commissioner Romelus provided some additional ideas. Mentioned doing kind of a
socially distant happy hour for families at our local parks. It helps to just kind of get out
and have a couple of other families and kids to interact. Requested a survey.
Vice Mayor Penserga inquired if the YMCA reached out to you either in any type of
discussion. He understands they do a lot of programming with kids.
Lori LaVerriere, City Manager, responded the city actively participated with the YMCA in
terms of their programming, coming into our facilities and back and forth and we would
work with them. The city offered on several occasions to our employees for childcare
opportunities and some summer camp opportunities. The employees connected with
them directly. Ms. LaVerriere wanted to respond to Commissioner Romelus regarding a
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City Commission Meeting
Boynton Beach, Florida July 21, 2020
survey. Noted a survey was done regarding teleworking/telecommuting standpoint and,
know, what our employees' experiences were while they were commuting. A program
has been developed to allow employees, where we can, to allow them to possibly flex
their schedules. I will say we have an outstanding culture with our Human Resources
Department, and for accommodating employees with all different kinds of needs, from a
single parent needing a later shift because of getting a kid to childcare, any of that type
of situation. The city is working on those opportunities where people can successfully
telework and help them. Especially with childcare issues. We have the federal
protections that are in place. There are laws to protect the employee and the Family
Medical Leave or childcare needs during this pandemic. We have several employees that
are that are utilizing that program. The city is confident that, as an employer, we do an
outstanding job of accommodating our employees, because we want them to be happy,
and be able to come into work and be effective.
Mayor Grant wanted a brief conversation at the next meeting to find partners on behalf
the residents here in Boynton Beach.
Vice Mayor Penserga asked to have the information placed on the city's website
regarding Comcast Essentials, which is the option for families who are struggling with the
cost of the internet.
Ms. LaVerriere indicated this would be in the next newsletter.
Mayor Grant indicated he will send the information for AT&T access, as well.
12. Legal
B. Readopt Resolution R20-066 and Resolution R20-067.
Attorney James Cherof noted both of these resolutions have been adopted at the
previous meeting. There was some question about whether or not all members of the
public had the opportunity to see the actual resolutions in the agenda backup. In an
abundance of caution, because these are key components of the annual budget process,
they are back on for the Commission's consideration. Pointed out he tweaked the
language regarding the September 8, 2020, at 5:30pm commission meetings, to clarify
that, if, at all possible, we will conduct the meetings, both in person, or through some
combination of communication media technology, perhaps both, but, of course, that's
contingent on the legal ability to do so. The rights of local government to continue with
virtual meetings is under review, but there are deadlines approaching with respect to that.
If these are adopted, I would point out that the resolution regarding the millage, I would
restate that the millage rate is 7.9 and the rollback rate is 7.4911. The public meeting on
both the millage resolution and on the fire, assessment will occur on September 8, 2020
at 5:30pm. In addition, as I noted, or through communication media technology or
both. There needs to be separate motions on each resolution.
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City Commission Meeting
Boynton Beach, Florida July 21, 2020
Mayor Grant read Resolution No. R20-066 (Proposed Millage Rate) and Resolution No.
R20-067 (Fire Assessment) were both adopted at the Special Meeting and Budget
Workshop on July 13, 2020.
Motion
Vice Mayor Penserga moved to approve Resolution No. R20-066. Commissioner Hay
seconded the motion which passed unanimously.
Motion
Vice Mayor Penserga moved to approve Resolution No. R20-067. Commissioner
Romelus seconded the motion, which passed unanimously.
13. Future Agenda Items
A. Provide update on potential sale of the Nichol's property to Pulte Homes
— August 4, 2020
B. Approval of the Master Plan Modification for the Boynton Beach Mall — TBD
C. Mayor Grant has requested a discussion on Lake Park's Accessory Dwelling
Unit Ordinance — TBD
Mayor Grant requested to remove items B and C from the Future Agenda. He said he
would like to have a presentation from the community specialist about homeownership.
14. Adjournment
Motion
There being no further business to discuss, Commissioner Hay moved to adjourn. The
motion was seconded by Vice Mayor Penserga, which unanimously passed. The meeting
adjourned at 9:00 p.m.
Allan Karjalainen, Web Design Coordinator, stated as a reminder, a recorded version of
this session would be posted to the City of Boynton Beach's YouTube channel. Links to
that channel are available on the City of Boynton Beach's website, at
www.BoyntonBeach.Orq. This concludes tonight's meeting.
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Meeting Minutes
City Commission Meeting
Boynton Beach, Florida July 21, 2020
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