Loading...
Minutes 02-02-21 Minutes of the City Commission Meeting Held Online Via the GoToWebinar Platform and In-Person at the City Hall Commission Chambers 100 E. Ocean Avenue, Boynton Beach, Florida On Tuesday, February 2, 2021, at 4:45 P.M. Present: Mayor Steven B Grant Lori LaVerriere, City Manager Vice Mayor Ty Penserga James Cherof, City Attorney Commissioner Justin Katz (arrived 5:45 p.m.) Tammy Stanzione, Deputy City Clerk Commissioner Woodrow L. Hay Commissioner Christina Romelus 1. Openings A. Call to Order - Mayor Steven B Grant Mayor Grant called the meeting to order at 4:45 p.m. Roll Call Deputy City Clerk Stanzione called the roll. A quorum was present for the closed-door session. Attorney Cherof announced those attending the closed-door session included the City Commissioners, City Manager, City Attorney, Assistant City Attorney, and a court reporter. The session was anticipated to last about 45 minutes. Attorney Cherof noted should a Commissioner who was not currently present arrive during the close-door session, it will be reflected when the meeting reconvened. Closed-door session held on Tuesday, February 2, 2021, at 4:45 p.m. for a private attorney-client session to discuss pending litigation case of: BRANDON BRESCIA, Plaintiff, vs. CITY OF BOYNTON BEACH, a Florida municipal corporation, Defendant — Palm Beach County Circuit Court Case Number: 50-2019CA009922- XXXX-MB- AE The meeting recessed at 4:47. Mayor Grant reconvened the meeting at 5:43 p.m. Invocation The Invocation was given by Minister Christy Ward of Missionary Baptist Church. Pledge of Allegiance to the Flag Meeting Minutes City Commission Boynton Beach, Florida February 2, 2021 Commissioner Hay led the Pledge of Allegiance to the Flag. John McNally, ITS Director, explained how the online meeting would proceed and how the public could participate. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Vice Mayor Penserga requested an addition to City Manager's Report to discuss POD sites for the Covid Vaccine. Motion Commissioner Romelus moved to approve as amended. Commissioner Katz seconded the motion. The motion passed unanimously. 2. Other A. Informational items by Members of the City Commission Commissioner Katz had no disclosures. Commissioner Romelus had no disclosures and wished everyone a happy Black History Month. Vice Mayor Penserga had no disclosures. Mayor Grant disclosed that he had seen the Presidential Inauguration on January 20th. On January 21st, he attended the Palm Beach County Transportation Planning Agency's meeting. He spoke with the FDOT Director regarding District Four. On January 28th, he attended Biking West Palm Beach with Upcycle to tour the city. On February 1st, he attended the Downtown Business Coalition for a Better and Brighter Boynton Beach meeting. He also thanked all the businesses that donated gift cards to Congress Middle School for their reading program. 3. Announcements, Community And Special Events And Presentations A. Proclaim February 11-17, 2021 as 2-1-1 Awareness Week. Mayor Grant proclaimed February 11-17 as 2-1-1 Awareness Week. B. Proclamation recognizing February as Black History Month. 2 Meeting Minutes City Commission Boynton Beach, Florida February 2, 2021 Mayor Grant proclaimed the month of February as Black History Month. Eleanor Krusell, Public Communications and Marketing Director, announced that the City will be celebrating Black History Month with activities and promotions. On February 12th, the City Archivist will discuss resources available to the community for researching Black History in Boynton Beach. On February 17th and 21st, a librarian will guide children and teens through Black History books available to youth. On February 26th at 11:30, Dr. Anderson, Professor of Psychology at Palm Beach State College, will present a program on the importance of therapists and counselors in processing trauma and caring for your brain in the context of Black History and struggle. The Library has many online recommendations for Black History Month. On February 1st, the City's main Facebook banner post was changed to reflect the beginning of Black History Month. Five black- owned businesses will be highlighted on the Facebook page. On the Parks and Recreation Facebook page, residents can explore the history of recreational facilities named after prominent Black residents. Mayor Grant thanked Ms. Krusell and commented that he is happy that the City recognized everyone that identifies with this month. Commissioner Romelus was pleased that the City was highlighting Black businesses and pioneers of Boynton Beach during Black History Month. Commissioner Hay agreed with Mayor Grant that all cultures should be recognized but not to lose sight that February has been selected to recognize those contributions that were made by the African-American Culture. Patrice Schroeder, Community Specialist for 2-1-1, came forward to accept the 2-1-1 Proclamation. She thanked the Mayor and the Commission for their continuous support. 2-1-1- is grateful to be here for the community that needs comfort, support and crisis support as well. There have been three waves of the a Covid pandemic: the first was the initial wave of the Pandemic, the second was the economic wave, and the third wave is the mental health wave of the Pandemic. She expressed all have been struggling as a community. 2-1-1 has so much to offer to those who are in need. Commissioner Romelus inquired about the three waves of the Pandemic and asked Ms. Schroeder to repeat them. Commissioner Romelus requested that the agenda be amended to add Community Support Fund request in the amount of one-thousand dollars to be given to 2-1-1. Motion Commissioner Romelus moved to approve as amended. Vice Mayor Penserga seconded the motion. The motion passed unanimously. 3 Meeting Minutes City Commission Boynton Beach, Florida February 2, 2021 C. Announcement by Kacy Young, Recreation & Parks Director in recognition of the Four Chaplains Remembrance Ceremony being hosted by the Boynton Beach Veteran's Council at Tom Kaiser, USN Boynton Beach Veterans Memorial Park on Wednesday February 3, 2021, at 12:00 PM. All CDC guidelines will be followed. Kacy Young, Recreation & Parks Director announced the Four Chaplains Remembrance Ceremony on Wednesday, February 3, 2021, at 12 p.m. at Tom Kaiser, USN Boynton Beach Veterans Memorial Park. Mr. Young also announced Joe DiMaggio Children's Specialty Health Center Magic Wheels and Special Deals event will be held on February 13, 2021, at 10 a.m. at Barrier Free Park. For more information on this event, visit Boynton-beach.org/magic. 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) Jackie Mataragas, 2620 1st Court, presented checks to the Police and Fire departments. She thanked the Commission for keeping the citizens apprised of the events in the City of Boynton Beach. Naomi Cobb, 1007 SE 3rd Street, announced that she has several issues with the adjoining property owned by Mignano Landscape and Tree Service. They start work before 8 a.m. and go past 6 p.m. There is a rodent issue. She has contacted the Police Department as well as Code Enforcement. Some issues have been rectified, unfortunately not all of them and she asked the Commission for any help they can provide. Commissioner Romelus requested to speak with staff regarding the issues on the Mignano property. This issue has been brought up in the past and Commissioner Romulus was under the impression that this was rectified. Mayor Grant suggested that Ms. Cobb take pictures and video of the issues and upload to the City's MyCivic App that way the City will have the evidence. Dr. Jonathan May, 2303 SW 21st Terrace, announced that he will be running for the District 1 Commissioner seat. Dr. May also suggested renaming one of the City streets or buildings to show solidarity supporting black lives. Mayor Grant agreed with Dr. May and suggested that he pick a City-owned street and the name change. Jake Hoffman, 306 East Ocean Avenue #108, inquired about C.A.R.E.S. Act funding for his business. He was unable to receive funding the first time because he was outside of 4 Meeting Minutes City Commission Boynton Beach, Florida February 2, 2021 the CRA limits. He questioned if the City will be offering such funding to the small businesses within the City. Mayor Grant believed that all of the City's funding had been distributed. Lori LaVerriere, City Manager, responded that there are programs out there that Mr. Hoffman might qualify for. Ms. LaVerriere suggested that Mr. Hoffman give her office a call in the morning, either she or Mr. Scott would be able to talk to him about what programs are available. Annette Gray, 1600 Gateway Boulevard, Suite 220, announced that on February 13th, a group of nonprofits in the area are sponsoring a Valentine's Day event for the homeless. Some of the services that will be available are haircuts, showers, laundry, a food truck and a pallet of clothing. Katherine Uden, South Florida Campaign Organizer for Oceana, thanked the Commission for the discussion and consideration for an ordinance banning the use of polystyrene within the City. As of 2015, companies have produced 400 million tons of plastic annually, it is expected to quadruple by 2050. Polystyrene foam is not only bad for the oceans, it is bad for human health. The United States is responsible for some of the highest plastic inputs into the ocean. By reducing plastics in Boynton Beach, the City is protecting the environment, Florida's coastal economy and the livelihood of its residents. While Oceana works on state and federal action, They encourage Boynton Beach to pass legislation to reduce plastics and polystyrene foam. Tom Warnke, 2780 Wooster Road, commended the Commission and the City of Boynton Beach for moving forward with Eco Park off of Quantum Boulevard. Mr. Warnke's father was part of the City Commission 35 years ago when the City approved the industrial park off of Quantum Boulevard. One of the requirements was for land to be set aside for a preserve. Mr. Warnke and his wife walked the trails and it is just beautiful. He thanked the Commission again for working on this. 5. Administrative A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. Motion Commissioner Katz nominated Christopher Simmons to the Firefighter Pension Board. Vice Mayor Penserga seconded the motion. The motion passed unanimously. Commissioner Hay reappointed Desirae Watler to the Firefighter Pension Board. Vice Mayor Penserga seconded the motion. The motion passed unanimously. B. Approve the request of Mayor Grant to distribute $200.00 of his Community 5 Meeting Minutes City Commission Boynton Beach, Florida February 2, 2021 Support Funds to POW-MIA-OREE Corp. Motion Commissioner Hay moved to approve. Vice Mayor Penserga seconded the motion. The motion passed unanimously. Mayor Granted stated that POW-MIA-OREE Corporation goes to the National Cemetery annually and they read the names of everyone who is buried in the National Cemetery to assure they are not forgotten for their sacrifices made for this country. C. Approve the request of Commissioner Romelus to distribute $1,000.00 of her Community Support Funds to 2-1-1. Motion Commissioner Hay moved to approve. Vice Mayor Penserga seconded the motion. The motion passed unanimously. Motion Commissioner Romelus made a motion for reconsideration of the agenda to allow for the additional agenda item under Administrative. Commissioner Hay seconded the motion. The motion passed unanimously. D. Approve the request of Commissioner Romelus to distribute $500.00 of her Community Support Funds to GBDC Love the Homeless event. Motion Commissioner Romelus moved to approve. Commissioner Hay seconded the motion. The motion passed unanimously. 6. Consent Agenda Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. Legal Expenses - December 2020 - Information at the request of the City Commission. No action required. B. Proposed Resolution No. R21-020 - Assess the cost of nuisance abatement on properties within the City of Boynton Beach. C. Approve amendments to the Fiscal Year 2020-2021 approved Capital 6 Meeting Minutes City Commission Boynton Beach, Florida February 2, 2021 Improvement projects for the 302 Fund (General). D. Approve minutes from the City Commission meeting on January 5, 2021. Motion Vice Mayor Penserga moved to approve. Commissioner Hay seconded the motion. The motion passed unanimously. 7. Consent Bids And Purchases Over $100,000 A. Approve Phase 1 of Task Order UT-1E-03 with Gentile Glas Holloway O'Mahoney, in the amount of $100,000.00 in accordance with RFQ No. 046- 2821-17/TP, General Consulting Services Contract, Scope Category E for the preliminary design for the improvements of Fire Station No. 3. B. Authorize the City Manager to sign the proposal for the purchase of 2 1250KW Diesel Generators and the associated electrical switchgear from TAW Power Systems, Inc. of Pompano Beach, FL, a Kohler Generator Systems Distributor, for the sum of$1,539,039 through the national Sourcewell Contract#120617-KOH. Sourcewell procurement process satisfies the City's competitive bid requirements. Motion Vice Mayor Penserga moved to approve. Commissioner Katz seconded the motion. The motion 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. 21-001 - Second Reading - Approving request for abandonment (ABAN 21-003) of a 12' wide water and sewer easement in conflict with scheduled cafeteria expansion plans at Citrus Cove Elementary School, located at 8400 Lawrence Road. Assistant City Attorney Bridgeman read Proposed Ordinance No. 21-001 by title only on Second Reading. Motion Commissioner Hay made a motion to approve. Commissioner Romelus seconded the motion. Vote 7 Meeting Minutes City Commission Boynton Beach, Florida February 2, 2021 Deputy City Clerk Stanzione called the roll. The vote was 5-0. Proposed Ordinance No. 21-002 - Second Reading - Approving request for abandonment (ABAN 21-004) of a 10' wide water easement in conflict with scheduled cafeteria expansion plans at Citrus Cove Elementary School, located at 8400 Lawrence Road. Assistant City Attorney Bridgeman read Proposed Ordinance No. 21-002 by title only on First Reading. Motion Commissioner Hay made a motion to approve. Vice Mayor Penserga seconded the motion. Vote Deputy City Clerk Stanzione called the roll. The vote was 5-0. 9. City Manager's Report A. Police Chief Gregory will give a presentation on community policing and how the police department responds to protests. City Manager LaVerriere stated that Chief Gregory was available. Assistant City Attorney Bridgeman would like to make a comment about public assembly and peaceful protest as it pertains to the law. Assistant City Attorney Bridgeman, commented that this is a general overview of the law. Freedom of Speech, the First Amendment grants people the right to any type of speech, whether or not the speech is kind, offensive or controversial. Each citizen has a Constitutional right to that speech. The content of free speech cannot be limited. Regarding the right to assemble, the Constitution provides that the people have a right to peaceably assemble, to instruct their representatives and to petition for redress of grievances. Areas such as a sidewalk would be a traditional form of public assembly, in which case a permit is not required to assemble on the sidewalk or have communications on the sidewalk regarding free speech. Basically, the First Amendment prohibits government from restraining or abridging freedom of assembly and freedom of speech. Mayor Grant commented in the Case Brandenburg versus Ohio, the Supreme Court said its government cannot punish inflammatory speech unless the speech is directed to inciting and producing imminent lawless actions. He asked if it was still true. Assistant City Attorney Bridgeman responded it was and what she gave was a very high- level overview of the law because anything beyond that would require a specific analysis of the facts that are occurring at the particular moment. Police Chief Gregory gave a presentation on community policing and how the Police 8 Meeting Minutes City Commission Boynton Beach, Florida February 2, 2021 Department responds to protests. Mayor Grant thanked the Chief and commented the reason for this discussion is to have the Commission talk about what is on their minds. Since the City has its own Police Department, the Commission can direct the City Manager to oversee what happens in the Police Department. The City decided a few years ago to keep the Police Department regardless of the cost and the Commission wants to make sure that the City is doing its best for the residents. Mayor Grant stated he is excited about the ongoing technological improvements and moving forward with economic development to help reduce the crime in City neighborhoods that is based upon needs. The legal aspects of protected free speech has a very high burden to convict someone violating free speech because there needs to be imminent lawless action. For people at a block party or on a bridge, there is no imminent lawless action, but without a police presence, imminent lawlessness can happen. Then it is too late, the police are not monitoring the situation and they arrive after the incident has happened. Mayor Grant would like the Commission to direct the City Manager to spend additional money for overtime to have additional officers on duty during major holidays. The City is aware that there is an ongoing protest on the Golf Road Bridge. There should be an officer there to ensure everyone's safety. Mayor Grant stated he drove by today and the protesters were not on the sidewalk and their cars were parked on the shoulder slowing down traffic. Commissioner Katz inquired if there was already a procedure in place for the police to monitor or be aware of such events and make sure they are not obstructing the right-of- way doing anything violent or if the request was us beefing up or ensuring a greater presence? Chief Gregory responded their protocol is that if they learn of one of these demonstrations, they send someone over to assess the size of it and the character of it to see if it is criminal in nature or civil. They then determine how many resources they need to assign. In regards to the bridge they have gone by it and kept an eye on it. Now that they have received more concerns about the roadway from the Commission, they have stationed an officer to be there and monitor the protest. That is part of current protocol. City Manager LaVerriere inquired about the Christmas day shooting, She recalls a conversation that they had extra patrols and people on overtime because of the holiday. Chief Gregory responded typically during the shopping period and into the holiday week, they increase officers from specialty units to supplement the need for more officers on duty. There were officers working on Christmas and when they learned of the growing size of the people at the park, they assigned an officer to monitor the gathering at the park that day. Commissioner Katz commented that fundamentally he does not disagree with more police when monitoring situations. He asked the Mayor if he potentially saw this as security and if it was something he was envisioning prior to the incident at the park? Mayor Grant replied it was. There was peace in the neighborhood when there was a police presence there. It was proactive community policing in case something goes wrong. The City wants to make sure that all the people in the park are protected. He noted the police were monitoring Sara Sims; however, the red and blue lights were not on and the police cruisers were not in the same positions needed for peace in the hood. 9 Meeting Minutes City Commission Boynton Beach, Florida February 2, 2021 He wanted community policing to say that police are here to make sure everyone is behaving. He noted it made a huge difference in the month of June when there was civil disobedience going on throughout the country, and the Police made sure everyone in the City was protected. They monitored everything and he wanted that same standard used to make sure they are protecting everybody like they did in June 2020. Commissioner Katz inquired if the request is to direct the allocation of more overtime hours or to just ask the City Manager to ask the Police Chief to have a more robust response to these events as they materialize? Mayor Grant commented it would be both and he would be willing to take $50K to $100K out of Reserves to make sure that our City is safe. Because of what has happened in the City in the past five years, he sought to change the course of the narrative. The City has already started to with the Real-Time Crime Center with the arrest of the suspects for the December 25th shooting. He wanted to make sure that everyone knows crime is not tolerated in the City. Commissioner Katz requested to have more time to talk to staff and the Police Chief before giving a formal directive, especially since there are financial implications. Mayor Grant was fine with Commissioner Katz's request. Last year the City signed a zero-vision resolution and he wanted to make sure Boynton Beach is a zero-vision city. He asked if the police chief was aware of any unnatural causes of death through crime or through vehicular travel in 2021? City Manager LaVerriere said she would confirm if there have been any unnatural deaths in the City for 2021. Vice Mayor Penserga inquired where the City draws the line between shutting down an event versus attendees' right to assemble and speech? Many of these events start off small and balloon to several hundred people. Trying to handle a situation when there are already 300 to 500 people present is a dangerous situation to manage. He asked at what point would the police step in at a growing unpermitted event? The City has a recurring problem with spontaneous events where friends message their friends and word gets to another city and more people show up. At that point it is a disastrous situation. He questioned if we do to prevent a neighborhood block party from becoming out of control, and do we shut down events? Chief Gregory noted the different scenarios and explained an event can be an organized or unorganized event. He reviewed scenarios pertaining to oversized private parties and public gatherings, permitted and unpermitted and when the Police would intervene. Vice Mayor Penserga commented what happened this past Christmas has happened before and felt that people are taking advantage of the fact that it is a public space and it can accommodate large numbers. Vice Mayor Penserga asked if Chief Gregory has any recommendations on what we could do to mitigate this happing at Sara Sims again? Chief Gregory responded that there are additional measures the City can take. The City upgraded Sara Sims. Once the park was redesigned, they implemented security 10 Meeting Minutes City Commission Boynton Beach, Florida February 2, 2021 measures including emergency call boxes and license plate readers. He said he plans to talk with the park ranger supervisor and his patrol staff and speak with the Commissioner in the future with more recommendations. City Manager LaVerriere commented there is such a fine line on when to intercede. Most of the people gathered in that park that day were having a wonderful time and everybody was peaceful until somebody decided to drive by and shoot at the crowd. She did not know if it is totally possible to prevent, but staff can review park hours going into the evening times. The Commission can decide whether or not to close the park altogether in the evenings. They are drastic measures, but she did not know what else could be done. Mayor Grant believed that the issue was that the police were aware of people drinking there. After hours of drinking is when we need to make sure that our residents are safe. It was unnerving to see the video of our Community Leader of the Year running for his life because of shots being fired. Part of the video did not show any police near that situation. He acknowledged at the drop of a dime an event can turn violent. He wanted the police to be proactive and have a police presence there so that people do not come through and randomly shoot our residents. He thought the City cannot wait for something to else to happen. Vice Mayor Penserga commented that whatever the City does, the message has to be that Sara Sims is not the place for violence. He asked about alcohol and learned it is not allowed in public parks. Commissioner Hay stated the focus is on Sara Sims, yet he did not want the City to lose sight that there are other parks. He thought that more light in Sara Sims would help. Driving by at night, the park is dark. He asked if the Police respond to an anonymous tip of suspicious activity in the park? Or is it just normal activity? Chief Gregory stated if you think someone is serving alcohol in the park or some other violation, they will come out and investigate. The challenge is when they see an officer pull up in a marked unit, the activity is going to shut down. If they have an unmarked unit available, they can be dispatched to observe the subjects before they realize they are being observed. The department is trying to integrate the Real Time Crime Center into this mix. Now when we get a compliant about Sara Sims Park, we have sufficient cameras that we can see and record the evidence of that activity, and send a patrol car in afterwards. There are different ways to address this, but it has to start with people reporting to us. We need to know about it to respond. Commissioner Hay inquired about Citizen on Patrol program. Chief Gregory commented that he is an advocate of the program. He likes when folks are interested in patrolling their neighborhoods. The program has been slow this year. A lot of seniors have not participated in the program because of Covid. He would like to 11 Meeting Minutes City Commission Boynton Beach, Florida February 2, 2021 see younger adults join the program and help police patrol their neighborhoods. Commissioner Katz commented that most of the City parks are open dawn until dusk. What are the hours of accessibility for Sara Sims Park? City Manager LaVerriere explained the City has a handful of parks that have lighted facilities for evening play. Typically, those parks are open until 9 or 10 in the evening. Commissioner Katz was concerned when a situation is brewing that violates City law and there are dozens and now hundreds of people showing up or they are drinking in the park. He thought the City should be enforcing the rules, but did not think that putting an additional six to eight officers in the park when there are 400 people there was going to help. He thought it should be up to the discretion of the police or the supervisor whether to send everybody home. In terms of the violent crimes and shootings, he thought no deterrent in the world was going to stop someone with a mentality like that. If there are more police there, he believed they would be stopped. He agreed the City should be proactive. If the Police think something can spiral out of control, they should err on the side of caution. Mayor Grant inquired about the assistance from the sheriff's department if we know that we have hundreds of people and do not have the manpower. Chief Gregory responded there are mutual aid agreements in place with our neighboring police departments including the sheriff's office to provide assistance if needed. Mayor Grant suggested that the City start planning for the next time there are hundreds of people in Sara Sims that are not causing any problems. He asked how to coordinate with neighboring law enforcement agencies so it is safe for people to be at the park. Chief Gregory replied the department already does so and will continue to do so, but cautioned, when people are lawfully socializing in the park in great numbers, the police cannot come in and run them off. It gives the Department and the City a black eye and they must be careful with how they address groups that are lawfully congregating. Commissioner Hay noted other cities, such as Delray, Pompano, West Palm and Rivera have similar situations and departments usually talk with one another about best practices and what they are doing to combat this situation. Commissioner Romelus commented they are talking about two separate problems and they are separate in how they should be addressed. They are discussing the issue on 23rd and the issue at Sara Sims Park and there are two different solutions to these two scenarios. Mayor Grant believed it was the same issue, it was just two different groups of people doing it and that the response should be similar. He wanted officers there to make sure the people that are using their First Amendment rights to use a public park or a public sidewalk are protected. 12 Meeting Minutes City Commission Boynton Beach, Florida February 2, 2021 Commissioner Romelus commented the Sara Sims Park event was individuals gathering for some type of block party or community event, whether it was permitted or not. That gathering escalated into something atrocious. The situation is that it is a public park and they are allowed to gather. They may have been doing activities that were illegal at the time, but they are allowed to gather there. The bridge situation is completely different because it is a group of people choosing to rally or assemble or protest. In the process of doing that, they are potentially harming themselves and others. The bridge is not a public park. It is not a gathering spot that they can have one or two officers to make sure that things are safe, nothing escalates, they are not blocking traffic and motorists are not in jeopardy of having somebody jumping in their way. That she would agree with. She did not think the Sara Sims Park situation would be resolved with having one or two officers there, although it may prevent it from escalating into what happened on Christmas, but she did not think the two situations should be handled the same way. Chief Gregory explained both scenarios were gatherings in public places. The Police Department responds with a patrol unit to assess the character of the gathering, whether they are being sociable, civil and whether there is criminal activity occurring. Based on no laws being broken, they will monitor and stay in the area. If there is criminal activity taking place, they will intervene and address it. Ace Ratcliffe, 142 Southwest 13th Avenue, agreed with what Commissioner Romelus was saying about two separate situations. She noted she did not hear anything from Chief Gregory about having a non-violent task force or training for police officers with regard to the Sara Sims or the gatherings at the parks because all of the offenses that we are talking about in that situation are non-violent. It seems like we need training for this specifically. Ace, Ace's husband and sibling, in October and November, were counter protesting against the people who were on Golf Road. She conveyed that the police were called out there on several occasions. Ace inquired what the Chief was doing, in terms of the police having bias, because in the situations there, the police were called out because the protesters were breaking traffic laws. They were jaywalking, publicly intoxicated and publicly drinking. There were multiple situations. They were threatening homeowners and damaging property. The police that were called out did absolutely nothing about that and did not even look or interact with them as counter protesters. They were very chummy with the other protesters, but did absolutely nothing. Ace advised this was something that they saw repeatedly while they were out there on a schedule. These protests were every Friday night. The counter-protesters and homeowners did not feel safe or taken care of. Some police officers driving by in their vehicles were expressing support for the Trump supporters, even though they are supposed to be neutral while they are in their vehicles. Ace advised there is plenty of video and evidence of the laws that were being broken and the way that they were attacked, but the situation was not something that was taken care of for them. Ace thought a lot of discussions need to occur and they are not necessarily what the Commission was discussing. 13 Meeting Minutes City Commission Boynton Beach, Florida February 2, 2021 Mayor Grant requested to bringing the item back in the beginning of March to allow the Commission to speak with the Chief to see if we can get some more information about what they can do to make the City of Boynton Beach as safe as possible. B. At the request of the commission, the Utility is pleased to present a summary of recent stormwater management improvements, current maintenance activities and planned work to address recent neighborhood flooding issues. Joe Paterniti, Utility Director gave a presentation on recent stormwater management improvements, current maintenance and planned work to address recent neighborhood flooding issues. Mayor Grant inquired if the work was completed on the Central Seacrest Corridor. Mr. Paterniti replied that the work is finally finished. Staff was working on the reconciliation change order on the project and working on the final payment to the contractor. Mayor Grant was happy the work was completed and thanked staff. He was aware the Sustainability Coordinator with the Utility Department was doing what she could to help with the stormwater. Commissioner Romelus inquired how will the City communicate this progress to residents and was informed once the work by the consultant is done, they will conduct public outreach to educate the public on the long-term plan. Mr. Paterniti advised they were currently in the development phase. Commissioner Romelus requested a visual report of the work currently being done. She believes it is important for residents to see that their concerns and their complaints are not going unnoticed. Commissioner Hay inquired about the grant money the north side of the City received for stormwater management and improvements. Mr. Paterniti commented the City received $850,000 for flood mitigation through FEMA. C. Discuss and provide direction for an ordinance prohibiting the use of polystyrene foam products in City facilities and on City property. Rebecca Harvey, Sustainability Coordinator, gave a brief presentation on the Ordinance prohibiting the use of polystyrene foam products in City facilities and on City property. Vice Mayor Penserga inquired about the three options that Ms. Harvey presented and if there was a deposit for cleanup after the use of one the City's facilities. Colin Groff, Assistant City Manager commented there are deposits that are required for cleanup after an event. The challenge has been inspecting the facilities after an event, but noted as the City develops its Park Ranger program, it will be easier to do. 14 Meeting Minutes City Commission Boynton Beach, Florida February 2, 2021 Mayor Grant agreed with Vice Mayor Penserga and that option one and two should be implemented first. Therefore, if someone does not want to sign the Keep Boynton Clean Pledge, they will be required to pay the sustainability deposit. This way we are not limiting someone's use of Styrofoam or polystyrene foam, however they are incentivizing people not to use it. Mayor Grant requested that plastic confetti and helium balloons be part of the Ordinance. Commissioner Romelus thanked Ms. Harvey for the presentation and suggested that Ms. Harvey contact Ms. Uden of Oceana who would be a good resource to ensure the City has covered everything. Commissioner Katz inquired what happens if someone signs the pledge and then we discover that they did use Styrofoam or prohibited substances. He asked what would occur if they dispute the observation and continuously asks for their deposit back. Mayor Grant replied that the City is not going to inspect everybody all the time. The inspections are random. Commission Hay supported the measure and thought the City needed to implement the program over time. Vice Mayor Penserga thanked Ms. Harvey for her work and asked what would be the number one thing that the Commission should pursue next? Ms. Harvey responded the reason they are banning polystyrene foam as the first low- hanging fruit is because it is so lightweight and blows away so easily. It is one of the most common forms of litter. Commissioner Romelus inquired if the City incorporated the provision into the City's businesses program. Ms. Harvey responded the City is starting to actively promote the Green Business Recognition program again after Covid. It is focused on no styrofoam, no plastic bags, and not giving out straws except upon request. Commissioner Romelus asked if this could be part of the Green Business initiative, but without penalties or adding any kind of fine, and instead use incentives where they would receive a perk for participating in this program? Ms. Harvey inquired if the Commission would like to include financial penalties in the Ordinance with the understanding that it will be educational only for a set period of time. Mayor Grant replied we have the deposit so we do not have to fine or charge them additional money. He supported the two options: The Keep Boynton Clean Pledge and the sustainability deposit. Commissioner Katz commented that the City is not at the stage where people who just show up with a cup that is not an approved cup be written a citation as if they committed a more serious infraction. 15 Meeting Minutes City Commission Boynton Beach, Florida February 2, 2021 Jamie Hamilton, 2401 PGA Boulevard, Chair of the Palm Beach County Chapter of the Surfriders Foundation, explained they have been working with Ms. Harvey on getting this ordinance passed. There has been a lot of points made that we agree with on pointing out the issues of plastic pollution and how it affects everyone globally. It is a serious issue whether it comes to giant pieces of plastic that are easy to pick up or the more invasive micro plastics that are the crucial issue here. Foam is not only light and blows away, it breaks into micro plastics a little faster, not as bad as the other plastics, but just faster than other plastics will turn into micro plastics. It is an urgent issue to tackle first. Also, we fully agree with having the educational period in the beginning. We have seen other cities have success with having the six months to a year period of just educating the public and businesses on why it is so important to follow this ordinance and why it is so important to move away from plastics and more importantly cut it off from its source. After that first year, we have seen many cities have huge success with actually having a fee implemented. Encouraging people to make that change in their behavior is the hardest thing to do. She explained they are a volunteer-based Chapter in Palm Beach County and we do have a lot of resources offer for you. She referenced their ocean friendly food ware guide and stated they would love to be a part of the education process with the City and help you any way that we can. Tom Warnke, Worcester Road, volunteer as stakeholder liaison for the Palm Beach County Chapter of Surf Rider Foundation, helped start the chapter here 22 years ago. He pointed out sustainability is becoming much more of a priority in Boynton Beach with the great work of Ms. Harvey and the Commission and they have learned over the years, erroneously, that polystyrene takes more than 100 years to break down. He announced the truth is that it never goes away. It gets smaller and most of it in the water sinks in the ocean. It gets small enough to be eaten by larval fish, the little tiny almost microscopic versions of fish and shrimp. Studies have shown they have all got plastic in their stomachs. It is so small it goes into their flesh. The fish gets eaten by a larger fish and straight into the food chain of humans. That is the danger. That is the compelling reason why Boynton Beach should regulate polystyrene on all City property. Mary Mertz commended Ms. Harvey on the wonderful job she did. She is a former resident of Boynton Beach speaking tonight because air and water have no boundaries nor does styrofoam. It quickly becomes airborne and gets everywhere. Plastics clog storm drains, exacerbate localized flooding, increase pathogen-born disease and increase property damage which results in higher insurance costs. Plastic waste requires constant cleanup and non-recycled plastics add to solid waste management loads, resulting in higher cost for governments and taxpayers. Micro-plastics threaten human health and safety, particularly in children. She commended the City for their foresight in addressing this issue. A survey conducted by FAU in April 2020 shows that 68% of Floridians are concerned about environmental health and access to clean water while only 28% said that state, county, and city governments were doing enough to address it. She commented consumers aren't driving the demand for polystyrene food packaging products, they are simply not being given a choice. Many cities, states, counties and entire 16 Meeting Minutes City Commission Boynton Beach, Florida February 2, 2021 nations have passed plastic reduction policies with incredibly successful results. Eco- friendly products have become more readily available, making it easier for business owners to switch to plastic-free alternatives and many socially responsible business owners, many in our coastal cities here in Palm Beach County, have already done so. We know that by reducing the proliferation of single-use plastics, we can reduce real threats to our health, property, economy, and future quality of life. South Florida is a tourist-based society, and these plastics threaten our tourism dependent jobs and economy, particularly our fishing and scuba industries. Catherine Uden, Oceana, addressed some of the concerns that were raised as far as banning things on City property and stated it becomes a little bit trickier with enforcement as opposed to a complete ban. As a mom, she worries that the next generations are going to wonder why they didn't do something sooner. She agreed there are entire nations that are banning these products and Florida is falling behind the mark. Florida should be the leader considering itis surrounded by water. Tourism and beaches, coral reefs and ocean life is important to the State. The plastic crisis is getting too great for voluntary actions alone, but even if enforcement is tricky, ordinances like this bring about education and awareness and it really does encourage people to change their habits and for businesses to change. She offered to conduct voluntary education in the City. The great thing about these ordinances in some of the cities where they have passed actually 27 cities are among municipalities have straw ordinances and 19 other municipalities have passed some sort of other plastics or foam ordinances. Every little bit that we can reduce is important. this will send a message to Tallahassee that our local governments care about this issue. Mayor Grant commented what happens if a City employee gets a polystyrene cup and then brings it into City Hall. Are we going to require all of the employees to make the pledge or put a sustainability deposit if they are bringing in outside food as well? Ms. Harvey responded they need an educational period to educate staff just as we are education everyone else. During that time, one the first things we will do is to develop an internal policy for our own gatherings and our own functions with staff and what happens even if, after all the education, someone violates the policy. D. Points of Distribution Sights Mayor Grant commented Vice Mayor Penserga, requested to have a letter drafted to the Department of Health in Tallahassee about working with non-profit organizations to help distribute the vaccine. The City has its own facilities to do that. He believed the City already wrote the letter to Palm Beach and the Health Department and it went to Tallahassee as well. He had no objections to writing a letter for any non-profit or association that wants to work with the City the issue that you have is that when you're dealing with certain associations, availability is limited to that association. We have a lot of residents that are 55 and older we want to make sure that it is open to all of our residents. 17 Meeting Minutes City Commission Boynton Beach, Florida February 2, 2021 Vice Mayor Penserga wanted to increase the City's chances of becoming a Point of Distribution for the vaccine. If working with a church is what does it, then he thought maybe the City should give it a try. He mentioned Christ Fellowship earlier, because of the City's previous history with them with the food distributions. He did not suggest that is the only partner he was interested in working with. He thought it was a really strong argument that they can do a food distribution in one day of 10,000 people at one point. Christ Fellowship in Port St. Lucie has their own vaccine distribution. If the City were to partner with a known entity that is also already doing a vaccine distribution in Port St. Lucie, it may increase the chance to become a Point of Distribution site. Mayor Grant inquired if the Vice Mayor Penserga would like to make a motion to have the City Manager send a letter with any non-profit organization, whether a church, synagogue, mosque or other type of charity to become a point of distribution site. City Manager LaVerriere inquired if we do partner with any non-profit to become a distribution site, who would administer the vaccinations? She asked if the City's fire department personnel would. She cautioned she would be careful to open it up to just any and all non-profits because they will be knocking the door down to ask for our support and we will not be able to do that. Vice Mayor Penserga responded that he is not opening this to any group, he specifically mentioned Christ Fellowship because of the prior experience and the fact that they are already doing this in Port St. Lucie. He spoke to Pastor Bob Bender and who told him about it. He is in the process of getting more information and he has already clearly indicated that he is open to joining a group letter. Mayor Grant suggested bringing this back at the next meeting to approve any sort of letter of intent from Christ Fellowship to partner with them. This way they will have an understanding what they are requesting of us rather than an open-ended partnership. We would need the all the information from Christ Fellowship for them to become a point of distribution site and what resource they would want from the City of Boynton Beach. Commissioner Hay was aware that St John's has been selected as a point of distribution. He also heard that the State is taking over everything as far as administering and that the St John people are not really involved, except for the use of the facility and its location. City Manager LaVerriere commented she reached out to County Administrator Baker but has not heard back. She understood that there is supposed to be a distribution on Friday and that the distribution should not be limited to just the church or any on specific community. It needs to be open to everybody. When she touches base with County Administrator Baker she will apprise the Commission so they can potentially be of assistance on Friday. Mayor Grant authorized the City Manager to do whatever the City can to have a point of 18 Meeting Minutes City Commission Boynton Beach, Florida February 2, 2021 distribution site in the City of Boynton Beach. At the next meeting, they will hear from Christ Fellowship and what they would request exactly. Then we will see what happens with St. Johns. The issue is that this a changing timeline with everything that is occurring and it is going to get even more complicated in the future if they do not have a plan of action now. Motion Vice Mayor Penserga moved to approve. Commissioner Katz seconded the motion. The motion passed unanimously. 10. Unfinished Business - None 11. New Business A. Proposed Resolution No. 21-021 - Approve and authorize the Mayor to sign the Interlocal Agreement and Purchase & Sale Agreement for the Historic Women's Club of Boynton Beach. Motion Commissioner Katz moved to approve. Commissioner Hay seconded the motion. The motion passed unanimously. B. Vice Mayor Penserga and representative from Feeding South Florida will discuss options for coordinating a day of service at their newly built facility in Boynton Beach. Vice Mayor Penserga commented the Feeding South Florida's community kitchen is completed and they are packaging food for City residents. He thought they could organize a commission event, something they could do as a group that would send a great message to the City. He asked if the Commission was being willing to do something together or separately? He requested Leslie Schwab, Feeding South Florida to tell them more about what they might be able to expect if they were to volunteer in your new community kitchen. Leslie Schwab, Feeding South Florida replied the community kitchen is now open. They have volunteer shifts Monday through Friday in the 8:30 in the morning and 1:30 in the afternoon. They are packaging food twice a day five days a week and they would love to have you come in and volunteer. City Manager LaVerriere, commented that she talked about having city employees volunteer for a couple of hours during the day. We will work toward that now that the community kitchen is open. 12. Legal A. Proposed Ordinance No. 20-003 - First Reading - Approve a revision to City 19 Meeting Minutes City Commission Boynton Beach, Florida February 2, 2021 Ordinances section 9-3 (c) to include Photovoltaic systems. Attorney Cherof read Proposed Ordinance No. 21-003 by title only on First Reading. Mayor Grant inquired if the Ordinance includes battery generation. Fire Chief Stables responded that the City is adopting the Fire Code as required in the Building Code. The last time the Code came forward to the Commission, a word was deleted from the Ordinance. This Ordinance is making that correction. Motion Commissioner Hay made a motion to approve. Commissioner Katz seconded the motion. Vote Deputy City Clerk Stanzione called the roll. The vote was 5-0. 13. Future Agenda Items A. Consider ordinance for year-round irrigation that has been requested by South Florida Water Management District. - February 16, 2021 B. Award of Task Order for Design Services for Gulfstream Blvd. Improvements - February 16, 2021 C. Amendment to ILA with Delray Beach for Gulfstream Blvd. Improvements- February 16, 2021 D. ILA for Sara Sims Park Pavilion Improvements - March 16, 2021 E. Charlotte Pelton & Associates to provide an update on the naming rights campaign - March 16, 2021 F. Mayor Grant requested information on the water quality of canal systems within the City. - March 2021 G. Vice Mayor Penserga requested a discussion regarding a City Mural Program - March 2021 H. Present option for management of canal assessment program - March 2021 I. Voluntary Sustainability Payment on Water Bills — April 2021 J. Discussion on funding for expanding Wi-Fi to City parks. - April 2021 K. Monuments of City Property - April 2021 L. Discussion of LOI process for sale of city land — TBD Commissioner Romelus requested adding to Future Agenda a discussion on CDBG 20 Meeting Minutes City Commission Boynton Beach, Florida February 2, 2021 funding to include CRA businesses. Mayor Grant also requested, for Future Agenda Items preparing a resolution for maintenance for State Road 5, 1-95 because they are doing some projects on Gateway and Boynton Beach Boulevard within the next few years and he wanted to make sure they will have reclaimed water to water those areas and political signs that are still up. He wanted to authorize Community Standards to let residents and business owners know it's been 30 days since the election. If the candidate is not currently running for office, that they cannot have political signs in their yards. John McNally, ITS Director, 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.Org. This concludes tonight's meeting. 14. Adjournment There being no further business, Mayor Grant adjourned at 9:15 p.m. CITY OF BOYNTON BEACH Mayor - Steven B. Grant Vice Mayor— Ty Penserga Commissioner— Justin Katz Commissioner—Woodrow L. Hay Commissioner— Christina Romelus ATTEST: Crystal Gibson, MMC City Clerk Tammy Stanzio e Deputy City CI-rk 21