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Minutes 09-01-20MINUTES OF THE CITY COMMISSION MEETING HELD ONLINE VIA THE GOTOWEBINAR PLATFORM BOYNTON BEACH, FLORIDA ON TUESDAY, SEPTEMBER 1, 2020, AT 5:30 P.M. Steven B. Grant, Mayor Ty Penserga, Vice Mayor Justin Katz, Commissioner Woodrow L. Hay, Commissioner Christina Romelus, Commissioner 1. Openings A. Call to Order - Mayor Steven B. Grant Mayor Grant called the meeting to order at 5:36 p.m. Lori LaVerriere, City Manager James Cherof, City Attorney Crystal Gibson, City Clerk John McNally, ITS Director, explained how the meeting would proceed and how the public could participate. Invocation by Reverend Lynn Jones of St. Joseph's Episcopal Church Reverend Jones clarified that she is with St. Joseph's Episcopal School. She then gave the invocation. Pledge of Allegiance to the Flag led by Commissioner Christina L. Romelus The members recited the Pledge of Allegiance to the Flag. Roll Call City Clerk Gibson called the roll. A quorum was present. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Grant received a Letter of Intent (LOI) from Centennial Management and Pulte Homes. He did not see it on Future Agenda Items and asked if the Commission wanted to discuss the Purchase and Sale agreement they signed with Pulte Homes regarding the Nichols Property under New Business. Commissioner Katz asked if the letter is to do something different than what they agreed to with a different party. Mayor Grant responded it was a purchase agreement with Pulte Homes, but they received the LOI because they did not sign over the property. There were clauses in the agreement to withdraw from it. Commissioner Katz wanted to speak with staff first regarding the legal Meeting Minutes City Commission Boynton Beach, Florida September 1, 2020 aspect of what was in the contract and requested it be added as a Future Agenda item. Mayor Grant commented the reason why it was brought up now was because any monies Pulte Homes spends would have to be reimbursed. James Cherof, City Attorney, did not recommend it be discussed this evening and thought it should be on an agenda for discussion. Mayor Grant added the item to the September 15th agenda as New Business. He requested a motion to amend the agenda to add the item as a Future Business Item, that there will be a discussion on the September 15, 2020 agenda. 2. Adoption Motion Commissioner Romelus so moved. Commissioner Katz seconded the motion. The motion unanimously passed. 2. Other A. Informational items by Members of the City Commission Commissioner Katz spoke to separately, Harvey and Susan Oyer regarding the downtown development and Attorney Bonnie Miskel regarding the Town Square and a portion of the JKM project. Commissioner Hay spoke with Bradley Miller and Bonnie Miskel regarding the Town Square and received an email from Susan Oyer. Commissioner Romelus spoke to Harvey Oyer regarding the property on Federal Highway. Vice Mayor Penserga received a voicemail from Attorney Bonnie Miskel, but there were no discussions. Mayor Grant spoke to the Transportation Agency of Palm Beach County, Executive Director Nick Yearn about a train station on the FEC tracks for the City and spoke with Todd Bonlarron, County Deputy Administrator about the same thing. He attended the City's General Employees' Pension meeting and Suits for Seniors "Cheers for Change" on August 26th. He wanted to speak about what the loss of Chadwick Boseman meant to our society and City residents. He was an example of some of history's greatest figures. Through his acting skills, he changed our culture for the better and he hoped they could honor him. He attended a farewell for Assistant Fire Chief Mike Besosa. Hugh Bruder is the new Deputy Chief. Commissioner Romelus requested, when there are new senior high-level employees, to have an introduction. Ms. LaVerriere agreed. She had not announced the position because she did not know his actual start date. It was noted he started on Monday. FA Meeting Minutes City Commission Boynton Beach, Florida September 1, 2020 3. Announcements, Community And Special Events And Presentations A. Proclaim the month of September as Hunger Action Month. Sari Vatske, Executive Vice President of Feeding South Florida, will accept the Proclamation. Mayor Grant read the proclamation announcing September as Hunger Action Month. Present to accept the proclamation was Sari Vatske, Executive Vice President, Feeding South Florida. She recalled last year, Feeding South Florida spoke with the City Commission. Over the past year, and with their relationship with the City, Feeding South Florida has distributed over 3.3 million pounds of food to Boynton Beach alone. Over 1.3 million pounds was from their weekly distributions together. She advised everyone has been incredible. They have served over 17K households. Feeding South Florida will return to their Thursday distributions again at the Ezell Hester Center starting September 17th and will continue their fourth Saturday of the month distributions in conjunction with Christ Fellowship Church, the City and the Boynton Beach Mall. Feeding South Florida appreciated the City's support for opening their new community kitchen. On July 12th, Mayor Grant and Vice Mayor Penserga visited the facility. The 5K square foot kitchen serves 10K meals a day and has plans to expand its meal delivery services to seniors and youth at schools. Hunger was in the spotlight from COVID, but over 700K people face hunger on a daily basis. They see an increased need and would appreciate help in September to help raise awareness about hunger. She thanked the City for lighting the water tower orange and putting their banner on the City's Facebook page. They have a toolkit on their website and a calendar of events. She thanked the City Commission and City Manager as they are grateful for the partnership. Mayor Grant noted Feeding South Florida merged with the Community Caring Center and asked if the culinary incubator was in the works now that the kitchen was operational. He learned all initial plans were still in progress, but were delayed. The next focus is a 16 - week culinary training program in mid-October with job placement and the incubator component will follow after they determine how to proceed with COVID. Mayor Grant announced Feeding South Florida has a pantry off of Park Ridge Road. If in need, call them ahead of time to say they would pick up food at the pantry. B. * Tuesday, September 8th at 5:30pm — First Public Budget Hearing to adopt the Proposed Budget and to adopt the Final Fire Assessment Rate Resolution (virtual access via GoTo Webinar; in person at City Hall Community Room, capacity is limited to 10 attendees) Mayor Grant announced the first public hearing to adopt the proposed budget. He advised the City could update their Facebook event to let the public know they can come to the community room. K, Meeting Minutes City Commission Boynton Beach, Florida September 1, 2020 Lori LaVerriere, City Manager, explained as a result of COVID, state revenues are impacted. Each year, the State provides an update on what they can expect to collect the following fiscal year. She advised the City will see a $1.2 million shortfall from October 1s' to September 30th. The sales tax was reduced by $900K and the shared revenue collected by the State was reduced by about $300K. The City had a balanced budget, which is now in the hole. Ms. LaVerriere made adjustments, which the Commission would review, and then possibly use some undesignated fund balances at the September 8th Budget Hearing. She noted West Palm Beach had a $10 million reduction and are looking at layoffs. Staff will closely monitor what they may be facing the following year when they discuss the budget next April. Mayor Grant reminded all if someone needs to go out, Boynton Beach business are doing what they can to keep all safe. Mayor Grant read the below announcements. * Regular Commission Meeting on Tuesday, September 15th, 2020 at 5:30pm (virtual access via GoToWebinar; in person at City Hall Community Room, capacity is limited to 10 attendees) * Tuesday, September 22 at 5:30pm - Second Public Budget Hearing to adopt the Final Millage Rate and Final Budget (virtual access via GoToWebinar; in person at City Hall Community Room, capacity is limited to 10 attendees) 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) Susan Oyer, 140 SE 27' Way, said she was at the Cemetery and noticed several monuments in disarray. She hoped it was because staff was removing pavement and filling it in. She commented about a dozen monuments were knocked over. She sent pictures of it to Vice Mayor Penserga and hoped the Cemetery would be returned to its normal shining glory condition soon. Staff does a fantastic job so this was out of the norm. She thanked the Police Department for arresting drug dealers and hoped they would arrest more. She suggested the police look at the duplexes by Betty Thomas Park, and start removing repeat offenders. She also commented the police need to enforce State and City rules regarding car charging stations. She hoped people would be ticketed who are parking in car charging stations that should not be and that it is similar to illegally parking in a handicapped space. Violators can be fined. She suggested giving out a warning first. Ken Stevens, Jr., advised he called the Mayor twice and left a voicemail with no answer or return call from him. He interpreted no response as a response from the Mayor, which C! Meeting Minutes City Commission Boynton Beach, Florida September 1, 2020 he believed showed the Black community in Boynton that he did not care about them when he pointed out a derogatory comment by Stephanie Slater, Police Public Information Officer, calling the 17 people who were arrested "garbage" in a social media post. He called for the firing of Ms. Slater, and noted this is not the first time Ms. Slater has responded questionably when referring to individuals from the Black community. He appreciated conversations he had with Chief Gregory, Commissioner Katz and Commissioner Romelus, trying to initiate change. He was on the phone with Chief Gregory for 42 minutes, and argued most of the time, but he appreciated the Chief taking action to implement new social media posting policies. He did not think condemning people who are presumed innocent was correct. He thought the Mayor could have reached out. Mr. Stevens quoted Minister Louis Farrakhan: "You don't have to condemn a dirty glass of water, just put a clean one next to it and when the people get thirsty, they'll know what glass to drink from." Mayor Grant explained he saw the comment and saw a perception. He commented there were a lot of drugs and guns that the police took off the street, which he considers garbage. He understood there were other comments, but he did not think there was anything hateful or racist. The perception is equity training needs to happen. He thought the Police Department does a great job of letting the public know about people getting arrested. There have been multiple drug busts, but no one was going after the buyers, they were going after the dealers. The City wants to send a message to people who want to buy drugs in the City, that they will be pursued also. It is a conversation that the City needs to have. Eighteen people who may be residents did something wrong and they need to help them get their life on the right track. They can use the state statute for community service to pay off monies owed to the state and work together with non -profits to help make a better Boynton Beach. Dr. Lois Smith, 122 NW 8th Avenue, explained FPL has not fulfilled a request from Habitat for Humanity, the Development Department or Code Compliance, which recommended FPL trim the overgrown trees over the wires connected to the homes in their area. During storms, it is a dangerous situation. She requested the City give an underserved community attention. There is also a light in the area which should be illuminating property in the area of the overgrown trees. She requested help regarding the overgrowth. Mayor Grant commented he will speak with the FPL government liaison. Darryl Sanders, Jr., 2001 NW 2nd Street, representing Chevy DTV Foundation explained they were having weekly meetings with Mayor Grant and they spoke to local businesses and the City. They are having meetings with the Mayor in Delray Beach and they got 150 prepacked bookbags from the Delray Beach Police Department, Fire Rescue, Recreation Department and neighborhood and community services. He asked why they did not receive anything from Boynton Beach for Boynton Beach students. He suggested they come up with a collaborative effort to assist families and students look out for local youth to ensure they do not become drug dealers. He thought more attention should be paid to youth in the City. 5 Meeting Minutes City Commission Boynton Beach, Florida 5. Administrative September 1, 2020 A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. Motion Commissioner Katz nominated Ace Tilton Ratcliff to the Arts Commission (Alt). Commissioner Hay seconded the motion. The motion unanimously passed. Motion Commissioner Hay nominated Dr. Valerie Valcourt to the Education and Youth Advisory Board (Reg). Vice Mayor Penserga seconded the motion. The motion unanimously passed. Motion Commissioner Romelus nominated Abby Murrell to the Education and Youth Advisory Board (Reg). Commissioner Katz seconded the motion. The motion unanimously passed. 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 and authorize the acceptance of a FEMA 2020 Assistance to Firefighters Grant to cover the cost of purchasing PPE and related supplies, including reimbursement, to prevent, prepare for, and respond to COVID-19. The total award under the Grant is $151,131.40 ($137,392.18 Federal Funds and $13,739.22 Boynton Beach Funds). Commissioner Hay pulled this item and asked how the funding is spent. Ray Carter, Interim Fire Chief, explained the grant is from FEMA. The funds are usually used for gear, but they designated it for COVID-19 Personnel Protective Equipment (PPE.) The Department applied and received an award letter, but the City Commission has to approve the acceptance. Any PPE purchases they made since January 2020 related to COVID-19 protection, such as sanitizing equipment, masks, gowns face shields and others of that nature can be reimbursed. To date, all but $13K would be reimbursed and the remainder of the $150K would be able to be spent to buy additional PPE up until next September for firefighters and first responders. L Meeting Minutes City Commission Boynton Beach, Motion Florida September 1, 2020 Commissioner Hay moved to approve. Vice Mayor Penserga seconded the motion. The motion unanimously passed. B. Authorize the City Manager to increase PO for Dynalink Communications to $40,000 a year for the remainder of the Dynalink contract. C. Approve the one-year extension for RFPs/Bids and/ or piggybacks for the procurement of services and/or commodities as described in the written report for September 1, 2020 - "Request for Extensions and/or Piggybacks." D. Approve the emergency purchase order that was issued for a total expenditure of $46,819.00 for fabrication and delivery of MIEX regeneration underdrain laterals and associated equipment for the East Water Treatment Plant. E. Accept the written report to the Commission for purchases over $10,000 for the month of July 2020. F. Proposed Resolution No. R20-089 - Approve the Notice of Completion for Fire Station #1 constructed as part of the Town Square Project. G. Proposed Resolution No. 20-090 - Approve and authorize the Mayor to sign Amendment to Town Square Redevelopment Phase II Service Agreement for additional consulting services to market and lease the Innovation and Cafe' space in City Hall and the Cafe' space in the Cultural Center. Mayor Grant pulled this item and advised he met with the City Manager and Economic Development Strategy Coordinator and this item will help with the RFP presentation they heard two weeks ago. He wanted to ensure they could speak with Avison Young regarding what each City Commissioner wants for the caf6 space and incubator. Avison Young is an international company and he wanted to ensure their reach is international with the funds they are paying. Mr. Groff spoke with them and they are willing to reach out to him. Motion Vice Mayor Penserga moved to approve. Commissioner Katz seconded the motion. The motion unanimously passed. H. Approve minutes from the City Commission meeting on August 19, 2020. 7 Meeting Minutes City Commission Boynton Beach, Florida Motion September 1, 2020 Commissioner Hay moved to approve the remainder of the Consent Agenda. Vice Mayor Penserga seconded the motion. The motion unanimously passed. 7. Consent Bids And Purchases Over $100,000 A. Authorize the purchase of equipment and services for a Hiperwall system from Broadcast Systems in the amount of $165,244.61 utilizing GSA contract GS-07F-173GA. B. Approve Task Order UT -3A-02 with Globaltech in the sum of $141,662.50 in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category A executed on August 22, 2018 for the Design of Fluoride Storage and Feed Improvements to the East Water Treatment Plant. Motion Commissioner Katz moved to approve the consent agenda for bids and purchases over $100,000. Commissioner Hay seconded the motion. The motion unanimously passed. 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. 9. City Manager's Report A. Approve contribution of $55,000 to the Education Foundation of Palm Beach County for the purchase of Wi-Fi extenders and related equipment to assist Palm Beach County and the School District in providing Wi-Fi access to Boynton Beach families/students. Staff recommends utilizing $55,000 from the Community Enrichment Fund account (Christ Fellowship Church donations), leaving a balance of $80,000 in the account. Ms. LaVerriere explained this was a follow up from the discussion at the last meeting. The City Commission was very concerned about trying to assist and help close the digital divide in the community. Ms. LaVerriere explained the City receives $25K each yearfrom Christ Fellowship Church and they want the funds to be used to make an impact. She spoke with the Finance Director and this was a good way to help students and challenge the community to a local match campaign. 0 Meeting Minutes City Commission Boynton Beach, Florida September 1, 2020 James Gavrilos, Executive Director of the Education Foundation of Palm Beach County, commented that he was impressed with the speed in which the City has responded to the need. He noted an image of two young children in California sitting in a parking lot at Taco Bell so they could access the internet. He advised digital inclusion has short and long-term realities. In the short term, there are 5,594 Palm Beach County students who reside in Boynton Beach city limits. Of them, 4,559 are on free or reduced lunches, which means they are living below the poverty level. Statistics show, families living below the poverty level do not have internet access. Friends at the Quantum Foundation have studied and found families with no internet, have lower graduation rates, earn less, learn less and have lower life expectancies. Of the 4,559 students receiving free or reduced lunches in Boynton, the Wi-Fi program would cover 2,400 of them. They hoped to cover 2,700 students. The other 1,800 could be served by the Wi-Fi Hot Spot and Internet Essentials programs. Companies have purchased Hot Spots, buses are being fitted with Hot Spots and the District is picking up the cost of Internet Essentials for the first six months to ensure students have access to get their studies done. Digital Inclusion gives Boynton Beach families the opportunity and a share of the American Dream. They want to purchase Wi-Fi Extender Boxes ranging from $35 to $75, and for about $135K, the City could provide Wi-Fi Extenders to the 2,700 families giving them access for the foreseeable future. If the City approves the grant, it was hoped City residents and businesses would match it. Mayor Grant hoped residents would recognize the importance of the internet and that homeowners' associations would chip in to make a difference, so all children will have internet. Ms. LaVerriere noted in addition to the $55K, the Utilities Department is required, via the consumptive use permit, to spend a certain amount for education/conservation and utility - related initiatives. The City had a difficult time spending the funds this year with school being closed. They have until the end of September to spend $20K which could be used for this purpose. There is a rational nexus for it, so it would be $75K from the City with the hope that $75K would be matched by the community. Commissioner Hay thought the initiative was exciting. He thought there could be challenges, and did not think the Wi-Fi Extenders could be dropped off at someone's house He asked if there would be people available to install the boxes and learned there would. The Quantum Foundation will have people on the ground to help train people how to install them and they will go into churches and meetings walking them through installation and maintenance issues. Motion Commissioner Katz moved to approve. Commissioner Hay seconded the motion. The City's marketing team will publicize the match campaign. Mr. Gavrilos will help as well. The motion unanimously passed. g7 Meeting Minutes City Commission Boynton Beach, Florida September 1, 2020 B. Provide an update on the private development progress for the Town Square project and discuss the letter provided to the City by JKM Developers on potential contract amendments. Ms. LaVerriere advised at the last meeting, they asked John Markey to provide a marked - up development agreement on his thoughts and ideas how to structure their arrangement. She received a memo last week, which she distributed to the City Commission and they met online to discuss the content of the memo. She was aware the City Commission wanted a marked -up agreement, but Mr. Markey was not quite there yet. Commissioner Katz thought when they have a specific item, it is imperative the Commission discuss it before any party presents anything. The Board made a request for a partner for the Town Square to outline their proposals about how they plan to complete the project according to the contract or what changes they want to see in the contract. The Commission does have that letter and he wanted to discuss it first. They have a contract. The City upheld its end and he was looking for the partners to uphold their end. He could not see doubling down and providing millions of dollars of taxpayer funding into a partnership that appeared to be floundering, at best. He thought there were two options, hear from JKM on if they can comply or they cannot. If they cannot fulfill the contract, he wanted to find an amicable resolution so they can move forward. Mayor Grant explained it is not current taxpayer funds. It is taxpayer funds for the project that is going to be built. The current contract does not allow for Scholarship Trust Funds or Workforce Housing. He felt, if they have an opportunity, they could renegotiate the contract because things have changed and he was in for a better deal if that is possible. If they spend more, they get a better project. Mr. Markey explained the parking garage was not supposed to be finished at the same time as City Hall. It was supposed to be done within 18 months of the Certificate of Occupancy for City Hall and it is in the public record and contained in the Master Plan. The project was to be done in phases. They proposed to use Tax Increment Funds (TIF), which was in the RFP, to finance the project and they had proposed to buy the land that the City was going to sell them for the apartment buildings. JKM would underwrite the project, including the garages with TIF funds and the income from JKM purchasing the land. JKM proposed a bond issuance from a newly created Community Development District, and the bonds would leverage the TIF. At that point E2L and CFP took over the underwriting and went about the bond preliminary offering. Later Mark Hefferin advised they could not underwrite the garages Mr. Markey advised they could underwrite the garages as a private developer if the land was left in the deal and the City would prepay their parking obligation. This was still a viable option; however, Mr. Markey advised there was a better solution. A decision was made to build the garages as a private sector. Mr. Markey referenced a spreadsheet showing a deficit column. He contested there was no such thing as a deficit column, as underwriting operates as capital in and equal capital expenditures out. The sources in equal the sources out. It had been suggested they thought they would receive more income and more of a tax base and they would make 10 Meeting Minutes City Commission Boynton Beach, Florida September 1, 2020 up for the deficit. Mr. Markey explained in underwriting, the developer names what the source of funds are. Mr. Markey said he assembled the best municipal and public funding lawyers, and the best Certified Public Accountants as his team. He reviewed a green column on the spreadsheet, and advised when his experts saw a red column, their jaws dropped. He asserted what was presented to them was irresponsible underwriting. He pointed out the tax columns reflected that what is available from this private sector, which is the 95% that goes to the CRA net, totals $3 million annually and the deficit increases from $725K to almost $1.5M, which was not underwritten. With the TIF that was available, they could have underwritten the garages all along. He was angry and felt he was duped as the $3M original bond could have underwritten both garages and it would have been finished before City Hall. He could not say whether the oversight was incompetence or calculated, but with bonds, there are a number of people that get paid when the bond is signed. He felt the City was duped. His proposal was to ask for a continuance. He proposed they go back to what he said from day one to leverage TIF and leverage future packs to get the project done as was contained in his memo. Commissioner Romelus expressed frustration and asked why they were just hearing about it now. The parking garage was supposed to be done by one party and then was transferred to another party. It has been several months and a product has not been delivered. She thought if it could not be done, the project should not have been taken on. Now they are hearing what the problem is and what needs to be done to fix it. She commented the situation was either garbage, or there is some truth to it and every one has been lying. Commissioner Romelus agreed with Commissioner Katz, they should either cut their losses or start all over. They had to ask for a conversation to renegotiate and then were hearing of problems behind the scenes. She did not see a reason to continue down the rabbit hole and advised they cannot work with someone who could not be honest from the get go. She favored starting over. Commissioner Katz did not feel comfortable with the accusations leveled against City staff and the references to being duped and did not believe them to be true. He noted staff was directed to complete the project according to the contract or negotiate with the City to find an amicable solution to sever the relationship. He did not think legally, it was advisable to continue the discussion. Commissioner Hay agreed. He hoped, as he did his research, that he would hear something that would be convincing and have a deliverable. Based on what he heard, he was not convinced, and to say go back to the beginning and talk TIF funds was not what he was looking for. He thought they needed to do what they could to save the dollar. It may cost the City more if they severed ties, but he did not feel comfortable kicking the can down the road. It would be an undeliverable at the City's expense. 11 Meeting Minutes City Commission Boynton Beach, Florida September 1, 2020 Vice Mayor Penserga felt weeks ago, there was a staff presentation as to how much money went into the project in the form of incentives and there was about $25M in various incentives between the three parcels. Almost $2M was direct cash to JKM and the working relationship was not working. He thought they should either fulfill the contract or sever ties. Mr. Markey explained there was no accusation about staff misbehaving. If staff had been aware of what he presented, they would have taken it in a different direction. He had to submit a Freedom of Information Act request to obtain 2,000 pages of documents three weeks ago, and had to sift through all of them so they could come and say what happened and why it was wrong, why it should go back to the way it was, and that TIF was always the anticipated answer. The TIF was only from the private sector, and it is for the project. He was not asking for help for him, he was asking for help for the project. Mayor Grant thought the taxpayer is "John." If the Board does not feel comfortable spending John's future money, it would not make sense, because that is what TIF is for. TIF is generated to pay back the developer for the project, and that is what they did for 500 Ocean, Seaborn Cove and Casa Costa. They requested commercial space for 500 Ocean locations and future commercial location grants. To remove slum and blight, the City and County agreed to spend future tax dollars in this area. The entire Town Square is being funded by TIF, and the City has not spent any monies on the bond: the CRA did. The Commission could create guidelines and deadlines and still get the original deal. He asked what was more important: the original deal, or a renegotiated one to get something better out of it. The City does not own the land. The $25M that the City put into the project, was put into the project regardless. The City is not building the garages, or the residences. He understands the City Commission's sentiments, but they have to decide if they want the original deal or the legal jargon of the 18 months from the Certificate of Occupancy. He noted the world has changed. To think that the Commission would know two years ago exactly what would happen and all would go as planned did not make sense to him. They can direct staff to see available options and deadlines of the 18 months, or say they want the original deal. Motion Commissioner Katz said he respected all's opinion. His position is and he would like to make a motion to direct staff to present one of two options to JKM to communicate and explain how they plan to complete the contract as stated and previously negotiated, or to acknowledge what was stated two meetings ago that these deadlines, future deadlines are not going to be met. It was already stated by JKM, so the motion is to acknowledge that they can and demonstrate how they plan to complete the project in accordance with the contract or acknowledge that they cannot and then start to negotiate with City staff and City legal how to unwind this partnership in a way that is respectful to all parties. Attorney Bonnie Miskel explained she has been retained by Mr. Markey and she read the contract. She explained Mr. Markey is currently in compliance with the contract. There 12 Meeting Minutes City Commission Boynton Beach, Florida September 1, 2020 may be a better option for the Commission to consider, and she understood Commissioner Katz's comments. She explained the third option is if there is a better option. What Mr. Markey learned is both he and the Commission were duped, and what they were presented by Mr. Hefferin was not clear and it was not presented to the Commission. As they reviewed the documents, it was clear what was presented was not the best deal for either of them and Mr. Markey stepped forward. She suggested letting JKM come back to the Board with what he proposed because it was better for the partner and the City. Commissioner Hay noted the project will last for a long time and thought another couple of weeks would not hurt. He supported seeing what the plan was and he was willing to wait to allow JKM an opportunity to put together what they want. Commissioner Romelus thought that was the purpose of this meeting. Commissioner Katz agreed. Mayor Grant explained the aspect today was the initial presentation. They had access to the documents three weeks ago and in order to create binding documents, they could not come up with a complete agreement to finalize. He asked if they wanted to have an end date to see what the solution is. Commissioner Hay did not want anyone to come back with another excuse, he wanted options they could both live with. Mr. Markey agreed he could and explained what they presented on the slide could be needed. His team needed more time. He knew items one through six could all be accomplished. Subsidizing the bond deficit needed to be accomplished and the other items were good things for the community. They tried to have a community benefit. He was not asking for funds for him, he was asking for the community. Commissioner Hay wanted time to discuss it with Legal, the City Manager and others and explore options. Commissioner Romelus seconded the motion. She would be happy to see something come back to them in two weeks from JKM. She wanted staff to move forward with looking at options and determine if they can or cannot fulfill the obligations of the contract that are currently in place. The contract can still be enforced if the parties feel they can do it and if not, the Commission needs to explore other options. Commissioner Katz said he has been living with this project for years. This meeting was supposed to be what was being requested for discussion at the next meeting. He asked why they were giving money to a developer for a Scholarship Trust Fund. The Commission could do that as it is their money. He asked why they were giving funds to a developer to create a Community Revitalization Trust. There was a conflation of things. He wanted delivery on the contract that was made and if not, the alternative is to wind it down. He had respect for JKM, Mr. Markey and their product and time. This was the meeting to present. The Commission made the decision a month ago. He did not see how the other items were connected to the project. With respect for a request for additional time, there was a motion on the floor and he wanted to steer the ship in the right direction. He felt promises were made that were not kept and anything said going forward was suspect. He wanted staff to adhere to the motion. 13 Meeting Minutes City Commission Boynton Beach, Florida September 1, 2020 Commissioner Hay requested confirmation if the motion passed, the doors were closed for any other possibilities a few weeks from now or if the door was still open with a possibility for a few weeks. Mayor Grant noted Commissioner Romelus added additional statements to Commissioner Katz's motion. Commissioner Romelus responded she did not make amendments. Commissioner Katz stated his motion stands as worded. Commissioner Katz repeated his motion to direct city staff to put the following two options to JKM: to abide by the contract and fulfill its obligations with the stipulated terms and explain how they will do that, of if they cannot fulfill the agreement, begin the negotiations on how to amicably unwind the relationship so they can move forward in a direction they all hoped for from the beginning. Mayor Grant asked Attorney Cherof what the first part of Commissioner Katz's motion meant and learned it was explain how the deal could be fulfilled as written and for the contract to be honored and if it cannot be, option two the disclosure that it cannot be and to negotiate a methodology to unbundle the contract and the relationship. Mayor Grant asked what happens if they say they can complete it, but do not and learned the remedy is the traditional remedy for breach of contract that is available to the City. This would take until the breach is identified and some period of time after that. It could be up until the deadline the break is identified. Mayor Grant explained if these are the only two options, they may not have a project by the end of their terms. Mayor Grant wanted a full presentation with the numbers. What they are reviewing was not part of the original contract. If it is part of the new contract, he thought it was a better deal. He reiterated it is not the Commission's money it is taxpayer money. If they make a decision that says they want the original project, he understood it was others' position, but it was not his. He wants to see if they could get additional things as part of the downtown. Workforce housing, rent -to -own down payment assistance, Community Revitalization Scholarship Trust Fund, are not something the City or the CRA could do. They can only give funds for a Community Benefits Agreement, but he did not believe it was within the City's purview because they do not have a Housing Authority. He agreed with Commissioner Hay to wait two more weeks to see what they can get. Commissioner Katz called the question. Commissioner Hay noted he had asked Mr. Markey about other options and was told that nothing would change from the presentation given at this meeting, to when they meet again in a few weeks. Mr. Markey had roughed out the changes and more time was needed to the make numbers exact. They have apportioned what they know the TIF is and how much would apply to each item in columns one through six. 14 Meeting Minutes City Commission Boynton Beach, Florida September 1, 2020 Vice Mayor Penserga was in agreement with Commissioners Romelus and Katz. He noted the project was $25M, they would get Million in cash and he thought it was outrageous to provide more incentives. Vote Mayor. Grant called the question on Commissioner Katz's motion. The motion passed 3- 2 (Mayor Grant and Commissioner Hay dissenting.) Mayor Grant explained they are directing staff to move forward with the original contract or means of unwinding the current contract. C. Proposed Resolution No. R20-091 - To adopt a tree planting goal of 3,000 trees per year to achieve 20% tree canopy coverage by 2035, based on recommendations of the attached Boynton Beach Urban Tree Canopy Assessment. Ms. LaVerriere announced the City had a tree giveaway and Rebecca Harvey, Sustainability Coordinator, had a slide presentation of the canopy assessment. Ms. Harvey announced the City is celebrating its Centennial and the City, with its Sustainability Partner, Community Greening, is hosting a free drive-through Centennial Fruit Tree Giveaway at Sara Sims Park. One hundred fruit trees will be given away on a first-come, first-served basis and additional information can be found on their website GoGreenBoynton. com. In March, the City adopted its 2020 Climate Action Plan. One strategy was to reduce greenhouse gas emissions by 50% by 2035 and to reach net zero emissions by 2050. One priority was urban forestry to maintain and enhance tree canopies. While tree canopies reduced greenhouse gas emissions, they have other benefits identified in the plan. With Community Greening they planted more than 700 trees this fiscal year. September 12th is another tree giveaway and on October 17th, they will have a tree planting event at Betty Thomas Park with grant funds from TD Bank. In October, they hired a non-profit Green Infrastructure Center for the City's Tree Canopy Assessment which uses a satellite assessment. More than 50% of the City's land area is covered by paved surfaces. A map of the hottest areas in the City was viewed. It was noted there is less tree canopy coverage in lower income areas and communities of color across the nation. Potential areas for planting areas were reviewed. Approving the Resolution would adopt the goal of increasing tree canopies to 20% by 2035 which is planting about 3K trees per year. It is a city-wide goal in the public and private sectors. Fifty percent of those costs would equal $190K. The first year, they did not raise those funds, but they did receive $20K from Green Building Sustainability, a $14K grant for Community Greening for plantings at Betty Thomas Park and on August 11 th, at the CRA meeting, Commissioner Romelus allocated $35K for trees in the CRA District, which is pending budget approval. Staff applied for an Arbor Day 15 Meeting Minutes City Commission Boynton Beach, Florida September 1, 2020 Foundation Grant and the City applied for a state grant, which provides for a three-year program to develop an open forestry management plan. Ms. Harvey reviewed the next steps and options for discussion having to do with Land Development Regulation changes for residential and new construction. They have been contemplating the City starting a tree nursery. There are options for raising funds for the tree program which includes increasing the green building fee from .50 cents to $1.50 per $1,000. The revenue fluctuates each year, but it could raise up to $100K. They could establish a developer's tree fund, which is to require developers to pay a fee in lieu of replacing trees on site, which could raise $100K. There could be a voluntary fee on the Utilities bills from the sustainability funds. She noted an article in Bloomberg referenced a few actions governments can take that fight climate change. Mayor Grant supported, similar to FPL's solar program, anyone who would like volunteer to make the City sustainable through a voluntary payment program, can do so starting at $5. He thought it was possible through the third -party provider to reach customers who are not necessarily residents of Boynton Beach, and can make sure those funds go to utility projects whether it is for more trees or sustainable energy. He favored this methodology rather than propose additional costs to developers because he did not want developers to think they could pay more fees rather than plant trees on site. Mayor Grant favored a voluntary fee. He thought if they do not spend it now, they would have to spend it later when it will not be as beneficial. Vice Mayor Penserga asked if other cities use these as models and learned for the tree requirements, Miramar, Miami Beach, Coral Springs, Winter Park and St. Petersburg all have retroactive provisions not just for new construction. There are examples of having trees in the rights of way and streets, which she was gathering information on. She did not know of any other city with a city nursery. Commissioner Hay asked how they determine where and how many trees to plant and learned the consultant creates a map. The goal of the 3K trees per year, being at 16% they were slightly lower than their neighbors, and due to development and hurricanes, trees have been reduced. Increasing and going back to 20% was reasonable, which is approximately 45K trees between now and 2035. The 45K trees would be planted in a third of the identified planting areas. Motion Commissioner Hay moved to approve the Resolution. Commissioner Katz seconded the motion. The motion unanimously passed. 10. Unfinished Business - None 11. New Business Meeting Minutes City Commission Boynton Beach, Florida September 1, 2020 A. Proposed Resolution No. R20-092 - Authorizing the City to set rates, fees and charges for Water, Wastewater Stormwater, Reuse Water and District Energy Chilled Water for the upcoming FY 20-21 Joe Paterniti, Utility Director, gave a presentation reflecting the Utility Budget is $52,225,066. He reviewed the revenue projections. The operating budget was $35M and staff was dedicating $8M for renewal and replacement. Intergovernmental transfers into the fund resulted in the total operating budget of $52M. The capital budget was proposed of $17,926,000. They adjust the operating budget from year-to-year using Consumer Price Indices (CPI). Staff reviews incremental changes based on the CPI for those funds and can make adjustments. The rate model they use can calculate projected costs and anticipate growth 30 years into the future so they can establish utility rates. They were holding water, wastewater and chilled water rates constant Staff proposed an increase to the reclaimed rate of 2%. This year's holding constant reclaimed rate is two cents and 50 percent increase in stormwater yields another $350K for the fund. A summary of the increases was viewed. The stormwater rate increased from $6.50 to $7 per equivalent dwelling unit and reclaimed water was increasing two cents per thousand gallons. The reclaimed rate is 26 cents for scheduled delivery. The 38 cents is for delivery on demand, but if they scheduled delivery, the customer is receiving a break. The district energy rates remained the same. A comparison of customer bills inside and outside the City were viewed. He noted it did not include the sanitation part of the bill. If the resolution is approved, the new rates will be effective October 1St. There was also a scheduled increase for sanitation. He noted the voluntary charge was something the Customer Relations Division could handle and collect in a separate account. He would work with finance and legal regarding the fund and when they could withdraw from the fund. Commissioner Hay noted the increases in stormwater and reuse water. It was explained the rates they collect for reclaimed water does not cover the cost, so staff was raising rates to better meet revenue requirements. Stormwater fees do not cover the cost of the stormwater system so they developed a plan and are subsidized as well. Mr. Groff explained three years ago, they presented a plan to get stormwater rates in line. Stormwater and reclaimed water have the fastest expenses. They need to get to the point it is subsidized, but subsidized a lot less than it currently is. Mayor Grant asked if the Commission would add a voluntary charge of $5 on the bill. Vice Mayor Penserga asked if the intention is to divert those voluntary funds to the tree fund and learned initially it would, as part of the water utility sustainability fund, but if revenue reaches a certain point, they could build solar canopies and other energy producing aspects because water uses $1.2 million in electric a year, which would increase as oil prices climb higher. It would be creating a greener Boynton Beach through the water utility. Vice Mayor Penserga supported the proposal. 17 Meeting Minutes City Commission Boynton Beach, Florida Motion September 1, 2020 Vice Mayor Penserga moved to approve the Resolution and add a $5 voluntary charge subject to Legal approval. Commissioner Hay seconded the motion. The motion unanimously passed. 12. Legal A. Proposed Resolution No. R20-093 - Approve and authorize the Mayor to sign documents releasing and creating project easements Attorney Cherof thought it would be prudent to table the item for one meeting in light of the earlier discussion on the Town Square. Motion Commissioner Katz moved to table to the next meeting. Vice Mayor Penserga seconded the motion. The motion unanimously passed. 13. Future Agenda Items A. Mayor Grant requested a discussion regarding interviewing City staff about their positions and a City Career Fair - TBD B. Mayor Grant requested a discussion regarding education in Boynton Beach — TBD Mayor Grant noted this was discussed regarding a donation to the Education Foundation. The item can be removed. He hoped to have discussions with School Board representatives. Motion Commissioner Katz so moved. Commissioner Hay seconded the motion. The motion unanimously passed. C. Mayor Grant requested a discussion regarding funding of trees and a review of the city's Memorial Tree Fund policy - TBD D. Mayor Grant requested to have a discussion regarding a Utilities sustainability program. — TBD this item could also be removed from the agenda E. Vice Mayor Penserga requested a discussion regarding a City Mural Program - TBD Meeting Minutes City Commission Boynton Beach, Florida September 1, 2020 F. Public Hearing for Conditional Use application (COUS 20-002) for Exotic Motorworks, to allow an automobile diagnostics facility exclusively for luxury and/or high-performance vehicles at 816 SE 1 st Street - September 15, 2020. G. Public Hearing - Catanzaro Residential Future Land Use Map Amendment from Local Retail Commercial (LRC) to Medium Density Residential (MEDR) and Rezoning from C-2 Neighborhood Commercial to R-3 Multi -Family Residential - September 15, 2020. H. Public Hearing for application submittal for Legacy at Boynton Beach Mixed Use Development — a new mixed use development in the downtown core - October 6, 2020 (as currently scheduled) I. At the request of Mayor Grant, Human Resources will present information regarding the City's internship program. - October 20, 2020 Mayor Grant wanted to look at the Workforce Housing Ordinance so there are flexible options for density or unit payments for very -low and low-income individuals. Commissioner Romelus agreed and had potential amendments. There was consensus to do so sometime in October and if staff needed additional time, it could be heard in November. Mayor Grant noted Public Comment was closed and asked if Ms. Oyer still had comments. Susan Oyer, 140 SE 27th Way, explained Public Comment was not turned on since the Public Hearing. She said it was a few meetings in a row and he adopted something without public input. Ms. Oyer thought the City had a nursery in the past in the City, so it was not true where there were trees available. She favored having a nursery. She pointed out a CRA survey shows beautification is the number one issue for businesses in the City and she thought the businesses and residents will endorse the concept. As to the water fee, she thought the Commission arbitrarily added a $5 fee towards the trees. She asked why not do what retailers do and round up to the next dollar or $5 increment, so people on the lower end of the income spectrum who could not afford $5 a month or $60 a year could still participate in a meaningful manner. 14. Adjournment Motion There being no further business to discuss, Commissioner Romelus moved to adjourn. Commissioner Hay seconded the motion. The motion unanimously passed. The meeting was adjourned at 8:18 p.m. 19 Meeting Minutes City Commission Boynton Beach, Florida September 1, 2020 CITY OF BOYNTON BEACH gi ayor- Steven B. Grant ........7111, Vice : 7'—r-- .erga OF C;re issioner— Justin Katz Commissioner— ••drow L. Hay Adril Commissi: -r— ristina Romelus ATTEST: C .tal Gibson, MMC City Clerk (khuh-Ukt &At Catherine Cherry Minutes Specialist 20