Loading...
Minutes 06-01-21 Minutes of the City Commission Meeting Held Online Via the GoToWebinar Platform and In-Person at the City Hall Commission Chambers 100 East Ocean Avenue, Boynton Beach, Florida On Tuesday, June 1, 2021, at 5:30 P.M. Present: Mayor Steven B. Grant Assistant City Manager Andrew Mack Vice Mayor Woodrow L. Hay Jim Cherof, City Attorney Commissioner Justin Katz Shana Bridgeman, Assistant City Attorney Commissioner Christina L. Romelus Crystal Gibson, City Clerk Commissioner Ty Penserga 1. Openings John McNally, ITS Director, explained how the online meeting would proceed and how the public could participate. A. Call to Order - Mayor Steven B. Grant Mayor Grant called the meeting to order at 5:30 p.m. B. Roll Call City Clerk Gibson called the roll. A quorum was present. Invocation by Pastor Duane Roberts of Calvary Chapel The Invocation was given by Pastor Roberts of Calvary Chapel. Pledge of Allegiance to the Flag led by Mayor Grant Mayor Grant led the Pledge of Allegiance to the Flag. Swearing in of Vice Mayor Woodrow L. Hay Crystal Gibson, City Clerk, swore in Vice Mayor Woodrow L. Hay. Mayor Grant congratulated Vice Mayor Hay on his appointment. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Commissioner Penserga requested that Item 11A be moved to a future Commission Meeting. The Downtown Boynton Beach Business District (DBBD) will be having a Meeting Minutes City Commission Boynton Beach, FL June 1, 2021 meeting on June 10th to discuss this topic, Commissioner Penserga would like to attend the DBBD meeting first and bring some of their suggestions and input to the City Commission. Motion Commissioner Romelus moved to approve the agenda as amended. Commissioner Penserga seconded the motion. The motion passed unanimously. 2. Other A. Informational items by the Members of the City Commission. Commissioner Katz commented he had no disclosures. Commissioner Romelus also commented she had no disclosures. Commissioner Penserga disclosed that he had spoken with Bradley Miller, Jack Weir and his Associate and Mark and Kelly Hefferin of E2L. Mayor Grant disclosed that on May 19th, he attended the YMCA Inspirational Breakfast. On May 20th, he attended the Transportation Planning Agency and successfully had the new interchange on Boynton Beach Boulevard removed from the Transportation Improvement plan. He felt that this interchange would not be safe for pedestrians and bicyclists. That afternoon, he attended South Tech Academy for the Greater Boynton Beach Sister Cities Organization. There are several students from South Tech Academy who will be entered into the Seventeenth Annual Sister Cities International Young Artist and Authors competition. He met with Brian Fitzpatrick, a property owner in Boynton Beach. On May 24th, he attended the General Employees' Pension meeting and learned that the Employee Pension is fully funded. That afternoon, he attended a meeting with Solar Co-op. That evening, he had a meeting with a Healthier Boynton Beach, Dr. Alonzo and the CEO of Genesis Healthcare and discussed post Covid and what can be done for the community. On May 26th, he attended the League of Cities. He also attended the Transportation Disadvantaged Local Coordinating Board. On May 27th, he met with Nancy Stewart of the Festival Management Group and gave her a tour of the City and discussed bringing future events to the City. On May 28th, he and his daughter attended the flag placement at the cemetery for Memorial Day. On May 29th he went to the Community Greening event at Jaycee Park, where they planted 85 trees. This Saturday, June 5th, there will be another planting event at Barton Memorial Park starting at 9 a.m. At 11 a.m., the Boynton Beach Garden Club will be handing out free plants. The free pet vaccination event with Justin Bartlett Animal Care gave 155 free vaccinations. On May 30th, he attended the Memorial Day Service. On May 31st, he attended the Forgotten Soldier Outreach Service. On June 1st, he had a meeting with Faith in Florida. He also spoke with Jack Weir. 2 Meeting Minutes City Commission Boynton Beach, FL June 1, 2021 Vice Mayor Hay disclosed that on May 30th, he attended the Memorial Day Celebration. He encouraged everyone to watch the documentary on the massacre in Tulsa Oklahoma in 1921. Greenwood has a slogan that is very fitting. "Without heritage, there could be no history. Without history there would be no hope." 3. Announcements, Community and Special Events and Presentations A. Mat Forrest of Ballard Partners to provide a post session legislative update. Mat Forrest of Ballard Partners provided a post session legislative update. The legislative session concluded on April 30th. Then there was a special session on gaming and that concluded two weeks ago on May 19th. The budget has not been sent to the Governor yet, which includes items for the City. There were 3,140 bills that were filed for consideration. Of that, 275 passed. That is only 8.7% that made it to the Governor. The Vacation Rental Bill failed to pass again. The City did receive $75K dollars for pedestrian crosswalk improvements. Bill HB35 that passed will give the City options on how they advertise their legal notices. Millions of dollars have been put into Workforce Housing. If the City is still looking for funds for affordable housing, there is still millions of dollars to be used. The Impact Fee bill changed limiting the Impact Fees to only 25% over a two-year period. Home Based Businesses bill changed the way the City can regulate home based businesses. The next session will start in January. The committee will start meeting in September, with the first meeting being September 20th Commissioner Penserga inquired about the projects that are being appropriated and how can the City be more successful in getting projects funded. Mr. Forrest responded that the State looks at projects to fund that will go beyond the budget cycle as opposed to programing money where it is spent once and it is done. Also look at what are the state-wide impacts of City projects and not just what can be done for Boynton Beach. Also remember that if the project is not a priority for the City, it is not a priority for Tallahassee. Mayor Grant inquired about the combating public disorder bill and the voting right bill. What does this mean for the City in the upcoming election and upcoming budget? If there is a current lawsuit against these bills how does it affect the City? Mr. Forrest replied that he never gives legal advice and suggested that he speak with Legal counsel and staff to look into each bill to see how it impacts City ordinances. In regards to the election bill, Mr. Forrest suggested that the City educate themselves on the new procedures. The changes made have an effect on the vote-by-mail process and not the way an election is ran. Mayor Grant stated that the City has an election next March and he wants to make sure the voters have enough time to receive their mail-in ballot and respond. 3 Meeting Minutes City Commission Boynton Beach, FL June 1, 2021 Mr. Forrest stated there may be a need for cities to re-educate their citizens on the mail- in ballot process. The election law is being challenged, but do not wait for the results to start the education process. Commissioner Romelus asked that staff reach out to the other representatives of the City and ask them if they would like to come and give a legislative update as well. Mayor Grant agreed with Commissioner Romelus. B. Announce that Pathways to Prosperity, Inc./BRIDGES at Boynton Beach will host their Annual back-to-school supply drive and giveaway on Saturday, July 31St at the Ezell Hester Center. Kemberly Bush and Andre Thaddies will provide details about the event. Kemberly Bush, Pathways to Prosperity Inc./Bridges, stated that their goal is to expand their reach to more children in the City. Andre Thaddies, Outreach Coordinator, Pathways to Prosperity Inc./Bridges thanked the City Manager and staff for their hard work. The event will take place on July 31St from 11 a.m. to 2 p.m. at the Ezell Hester Center. Keep in mind that in 17 months, schooling will be completely brick and mortar. The students of Boynton Beach are the priority. Donation boxes will be placed in various locations of the City, including City Hall, the Library, the Police Department, the Fire Station on High Ridge, the Ezell Hester Center, Carolyn Sims Center as well as the School House Museum. The event on July 31st will be drive-through. The back packs will be packed with school items and school uniforms. Mayor Grant inquired if Mr. Thaddies had contacts within the business community. Mr. Thaddies replied that he has started the process of reaching out to local businesses. An email has been sent about save-the-date. Businesses have replied inquiring about what they can do to be involved. Ms. Bush stated that there is a large need for shoes. Vice Mayor Hay commented that Pathways to Prosperity is doing an outstanding job in the City. He also inquired about their new location. Ms. Bush responded the new location is 639 E. Ocean Avenue, Suite 101. Pathways to Prosperity, is very excited about the new location and the work they will be doing with the City. Commissioner Romelus asked for an email address. Ms. Bush responded it is office(a�p2ppbc.orq. C. The Florida Division of Blind Services nominated the City of Boynton 4 Meeting Minutes City Commission Boynton Beach, FL June 1, 2021 Beach as an Exemplary Employer in Palm Beach County. The City will be recognized at the Florida Rehabilitation Council for the Blind's quarterly meeting on Thursday, May 27. Debbie Majors, Grants and ADA Coordinator, and Ted Goodenough, ADA Coordinator Assistant, announced that the City will be recognized at the Florida Rehabilitation Council for the Blind as Exemplary Employer in Palm Beach County. This recognition reflects the City's commitment to the Americans with Disabilities Act. It is an honor that the City is receiving the recognition. The City is the only city in Florida to receive this recognition. Mr. Goodenough started working for the City in 2019 through a work experience program through the Florida Division of Blind Services. It was a 12- week program and he had just graduated from the Lighthouse for the Blind of the Palm Beaches. Since Mr. Goodenough has been with the City, the City has experienced "Tuesday's with Ted", an email that educated employees throughout the pandemic. Mr. Goodenough also works with the inclusion work business program to help educate and support City businesses. Mr. Goodenough also works with the student intern program at South Tech Academy. Ted Goodenough, ADA Coordinator Assistant, stated that it really is not about him, it is about the City. It is about the inclusive City of Boynton Beach that gives him a purpose every day. He has meaning in his life because he gets to come to work. The City allows him to teach people about the Americans with Disabilities Act and inclusion. He is proud of what the City does and brags about it all the time. D. Presentation of the 22nd annual "Bob Borovy Student Citizen of the Year" award by members of the Education & Youth Advisory Board. Dr. Valerie Valcourt, Education and Youth Advisory Board Member, stated that the Bob Borovy Student Citizen of the Year was created in 2000 to recognize a graduating high school senior who demonstrated the spirit of volunteerism and giving to the community. High school seniors write an essay on what they have learned from volunteer community service and provide three letters of recommendation. The winner must be of good moral character, performed significant volunteer work and made positive contributions to the community. The award is funded through donations made to the Education and Youth Advisory Board and the winner is selected by a panel of judges including last year's winner. Since induction of the award, the City of Boynton Beach has distributed $28,250 dollars in awards to 48 high school seniors. This year's recipient of the 22nd Annual "Bob Borovy Student Citizen of the Year" who will receive $1K dollars and have her name placed on a permanent plaque is Bencheta Beauziuex. Ms. Beauziuex graduated near the top of her class from the Ivy Program at Atlantic Community High School and performed over 250 hours of community service. Described by one of her teachers as the most committed and portentous student he has ever taught, Ms. Beauziuex was a member of the medical academy throughout high school and is a certified Emergency Medical Responder. Ms. Beauziuex's community service includes mentoring with the Adventure Club, tutoring younger children, and she participated in My Generation Program which brings teens and seniors together and visiting rotations to hospice. Ms. Beauziuex learned that we cannot control what happens in people's lives, all we can do is help them deal with it. Ms. Beauziuex will attend Florida International 5 Meeting Minutes . City Commission Boynton Beach, FL June 1, 2021 University majoring in Biological Sciences and plans to become a Pathologist. Congratulations. Bencheta Beauziuex thanked the City for giving her the opportunity to be the Bob Borovy Student Citizen of the Year. Commissioner Romelus inquired about the donations not being tax deductible and if there was a way to change that. The change would allow the recipient to receive more award money. E. Announcement by Boynton Beach City Library's Marketing and Outreach Manager Madison Kjosa regarding Weather and Hurricane Preparedness with the National Weather Service virtual program in partnership with the National Weather Service from the Miami/South Florida Forecast Officeon June 8, 2021 at 6:00pm. Madison Kjosa, Boynton Beach City Library's Marketing and Outreach Manager, announced Weather and Hurricane Preparedness with the National Weather Service virtual program on June 8th at 6 p.m. Go to boyntonlibrary.org to register for the event. Mayor Grant inquired if the event will be recorded. Ms. Kjosa responded yes, the recording will be uploaded to the Library's YouTube channel, as well as the City's YouTube Channel. F. Announcement by Boynton Beach City Library's Marketing and Outreach Manager Madison Kjosa regarding Boynton Beach City Library's Summer Reading Program and its Kick Off Partyon June 5, 2021 from 10 a.m. -1 p.m. Ms. Kjosa announced the City Library's Summer Reading Program Better Together Kick Off Party on June 5, 2021 from 10 a.m. to 1 p.m. outside at Centennial Park next to City Hall. Children (5-12 years) and teens (13-17 years) can register for the Summer Reading program, play fun lawn games, make crafts, and receive a free Kona Ice treat. Everyone who registers for the Summer Reading program and tracks the books they read from June 5 - August 5 can win prizes. Participants can stop by the Youth Services Library, located on the first floor of City Hall at 100 E. Ocean Ave., starting June 5th at 9 am through August 4th at 7 pm to sign up and pick up a book log. For more information, visit boyntonlibrary.org. G. Announcement by Eleanor Krusell, Communications and Marketing Director, regarding the ribbon cutting for the pride intersection on NE 1st Street and Ocean Avenue on June 7 at 5:30 p.m. Eleanor Krusell, Marketing and Events Director, announced on June 7th, the City of Boynton Beach will be celebrating Pride Month with the ribbon cutting for the Pride 6 Meeting Minutes City Commission Boynton Beach, FL June 1, 2021 intersection on NE 1st Street and Ocean Avenue on June 7th at 5:30 p.m. For more information, visit Boynton-beach.org\pride. H. Announcement of D-Day/Midway Remembrance and Flag Day being hosted by Boynton Beach Veterans Task Force in June.and Flag Day being hosted by Boynton Beach Veterans Task Force in June. Kacy Young, Recreation and Parks Director, announced the D-Day/Midway Remembrance and Flag Day being hosted by Boynton Beach Veterans Task Force in June. There will be two events at the Tom Kaiser U.S.N. Boynton Beach Veterans Memorial Park. The first event will be on June 6th at 2 p.m. for D-Day/Midway Remembrance. The second event will be on June 13th at noon for Flag Day. I. FY 2021/2022 budget workshops are scheduled to be held July 12-14, 2021 in the Police StationCommunity Room, 2100 High Ridge Road: Monday July 12, 2021: 5:30 p.m. Tuesday, July 13, 2021: 10:00 a.m. Wednesday, July 14, 2021: 2:00 p.m. (If needed) The Commission adopts a Preliminary Fire Assessment Rate Resolution and a Tentative Millage Rate Resolution at these workshops. Mayor Grant read the dates and times for the FY 2021/2022 budget workshops. J. Proclaim Friday, June 4, 2021 as National Gun Violence Awareness Day. Wynna Dunmyerof Moms Demand Action for Gun Sense in America will accept the proclamation. Mayor Grant proclaimed June 4th as National Gun Violence Awareness Day. Wynna Dunmyer, a volunteer for Moms Demand Action for Gun Sense, accepted the proclamation. Ms. Dunmyer is grateful for the City recognizing National Gun Violence Awareness Day for a third year. Unfortunately, there are lives being taken every day. Last Christmas, Maxeem Murphey Jr. was killed in Boynton Beach. These are the people we need to remember every day. Over 40K Americans are killed every year from gun violence, two thirds of that number being suicides. There are plenty of tools that can be used to prevent gun violence. Secrets.org will provide non-legislative solutions to gun violence. There are so many things we can do, we just need the courage to do them. K. Proclaim the week of June 5, 2021 as National Garden Week. Co- Presidents Toni Cvetko and Lorie Wolff and members of the Boynton Beach Garden Club will be present to accept the proclamation. Mayor Grant proclaimed the week of June 5, 2021 as National Garden Week. 7 Meeting Minutes City Commission Boynton Beach, FL June 1, 2021 Members of the Boynton Beach Garden Club accepted the proclamation. Mayor Grant commented that on June 5th from 10 a.m. to 1 p.m. the Club will be handing out free plants at the City Garden located on the corner of NW 6th Avenue and Seacrest. Commissioner Romelus thanked the Club for doing such a wonderful job at the City's Earth Day event. 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). George Feldman, 9778 Nickels Boulevard, a resident since 1996. Mr. Feldman is currently on the Library Board. Mr. Feldman requested that the City look into adding signage for the Library. He has heard from citizens that they have a hard time locating the Library. Mayor Grant commented that the elevator buttons are now clearly marked that the Library is on the second floor. He also stated that the City has greeters on the first floor as you enter the building to point people in the right direction. Vice Mayor Hay thanked Mr. Feldman for bringing this issue to the Commission's attention and informed Mr. Feldman that Assistant City Manager Mack is already working on this issue. Andrew Mack, Assistant City Manager, responded that the City is working on a wayfinding package and it should be available in a month or two. He will provide Craig Clark, the Library Director, with an update to pass on to the Board. Sandra Raffaelli, Founder and CEO of aZul For Better Living, an organization empowering adult with disabilities by using fashion, art and design. Ms. Raffaelli thanked the City for a successful clothing drive. The amount of clothing donated was remarkable. This Saturday, June 5th, the clothes will be distributed to the designers to be used in their new designs. Chiara Simone Flores, Flores Design, also thanked the City for the wonderful donation. Jackie Carrigan, 2620 NE 3rd Court, thanked Vice Mayor Hay for coming to her complex and addressing the public safety problem they were having. Vice Mayor Hay and Mr. Gary Dunmyer provided the complex with educational information. The information provided, helped people make educated decisions on the public safety 8 Meeting Minutes City Commission Boynton Beach, FL June 1, 2021 problem within the complex. Ms. Carrigan also stated that she has heard that people are having a hard time finding the Library. Victor Gaud, 253 Lake Monterey Circle, Library Board member, also requested additional Library signage. 5. Administrative A. Appointment of eligible members of the community to serve in vacant positions on City advisoryboards. Mayor Grant read the vacancies. Motion Commissioner Katz nominated Charles Kanter as a regular member to the Recreation and Parks Board. Commissioner Penserga 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 - April 2021 - Information at the request of the City Commission. No action required. B. Proposed Resolution No. R21-051 -Authorize the Mayor to sign a land use agreement between the City of Boynton Beach and FH Quantum LLC for the 4th of July event to be held Sunday, July 4, 2021 . C. Proposed Resolution No. R21-052 -Authorize the Mayor to sign a land use agreement betweenthe City of Boynton Beach and Journey Church for the 4th of July event to be held Sunday, July4, 2021 . D. Approve minutes from the City Commission meeting on May 18, 2021 . Motion Commissioner Katz moved to approve Consent Agenda. Commissioner Romelus seconded the motion. The motion passed unanimously. 7. Consent Bids and Purchases Over $100,000 9 Meeting Minutes City Commission Boynton Beach, FL June 1, 2021 A. Proposed Resolution No. R21-053 - Approve and authorize the City Manager to sign all required documents for the purchase of 135 TASER 7 "Smart Tasers" from Axon Enterprise, Inc. of Scottsdale, AZ; and enter into a five (5) year purchase plan with Axon Enterprise, Inc. with yearly payments; $108,250.00 for the first year, and $103,500.00 each year thereafter for a total of $522,250.00 over the five (5) year period. Motion Commissioner Katz moved to approve Consent Bids and Purchases of $100,000. Commissioner Penserga 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. 21-016 Second Reading - Approve amendments to Advisory Board Ordinance amending Chapter 27, "Advisory Boards and Committees", Section 27-2 providing for selection of the Chair and Vice- Chair; and amending Section 27-22 "Definitions" to correct a scrivener's error. Assistant City Attorney Bridgeman read proposed Ordinance No. 21-016 into the record by title only, on Second Reading. Motion Vice Mayor Hay moved to approve Ordinance No. 21-016. Commissioner Penserga seconded the motion. Vote City Clerk Gibson called the roll. The vote was 5-0. 9. City Manager's Report A. At the request of Commissioner Penserga, enclosed is a memorandum outlining rental procedures for City Facilities including Facility Rentals, Pavilion Rentals, Athletic Field Rentals, and Special Event Permits. Kacy Young, Recreation and Parks Director, reviewed the rates and fees for the City Facility Rentals. Mayor Grant inquired if the City has any regulations on preventing people from bringing their own grill to City parks. He also stated that the language in the City's Ordinances 10 Meeting Minutes City Commission Boynton Beach, FL June 1, 2021 needs to be updated. In addition, the "no amplified music" language needs to be changed in the City ordinances. Commissioner Katz requested that legal provide the legal definition of amplified music. Vice Mayor Hay stated the level of the sound needs to be consider as well. Attorney Cherof, commented that the City does have an ordinance on noise and sound control and that the Mayor is correct that the ordinance is a more property oriented or street oriented and what is audible at a certain distance. The Attorney's office will work with staff and provide language that addresses sound intrusion in public areas with appropriate definitions for the Commission's review. Mayor Grant asked if legal is updating the recreation and parks ordinances. Attorney Cherof replied that legal will do a comprehensive review of the recreation and parks ordinances. 10. Unfinished Business A. Monthly update on the Town Square project by JKM Developers Mayor Grant commented that he had spoken with Ms. Jane Smith with the Coastal Star and she stated that the attachment for this item was missing. John McNally, ITS Director, stated that he does have a PowerPoint presentation for this item. Assistant City Manager Mack, commented that the City did receive an email late in the afternoon with an update. Unfortunately, it could not be published with the agenda and suggested that this item be tabled to the next City Commission meeting. Commissioner Romelus inquired about the time the update was received by the City. Assistant City Manager Mack, stated that the presentation was not from Mr. John Markey. The letter of update did go to the Commission. The letter could not be published with this agenda and that is why he requested the item to be tabled. Commissioner Romelus asked who requested this item to be delayed. Assistant City Manager Mack replied that he requested the item to be delayed so the update can be published with the next agenda. Vice Mayor Hay commented that he can read the updated emails that were received by the Commission. 11 Meeting Minutes City Commission Boynton Beach, FL June 1, 2021 Mayor Grant stated that he will read the update: "Mr. Jack Weir called this morning and advise that he received a phone call from Mr. John Markey this morning and he was no longer interested in selling the property. I conferred with Attorney Cherof and advised Mr. Jack Weir not to attend the City Commission meeting tonight. The City has not received any information related to this matter, if you do please forward to me and Jim thank you." That was the email from the City Manager sent at 10:40a.m. this morning. Commissioner Romelus inquired if the City has a deadline on when a report or an update has to be sent to the City. Assistant City Manager Mack replied that there is no deadline on when a report or an update needs to be provided to the City. Motion Commissioner Romelus moved to table this item to the June 15th Commission meeting. Vice Mayor Hay seconded the motion. The motion passed unanimously. 11. New Business A. Commissioner Penserga requested information regarding economic development incentive programs offered by other cities throughout the County. David Scott will present some examplesof programs provided by West Palm Beach, Delray Beach, Palm Beach Gardens and others. Commissioner Penserga requested that this item be tabled to the next City Commission meeting. 12. Legal A. Proposed Resolution No. R21-054 - Approve the City's participation in the Memorandum of Understanding which establishes the allocation of settlement funds arising from the statewide Opioid Litigation. Mayor Grant stated that he received a letter from the Florida Attorney General stating that this is creating a class action lawsuit and by participating in the Memorandum of Understanding, the City will be included in the lawsuit. Commissioner Romelus inquired about why the City of Delray Beach is receiving more allocations than the City. Assistant City Attorney Bridgeman responded that the breakdown of allocation for each city has three different possibilities. 12 Meeting Minutes City Commission Boynton Beach, FL June 1, 2021 Attorney Cherof stated that the City's allocation was $59,767 dollars and Delray's allocation was $68,610 dollars. Commissioner Romelus clarified that she wanted to know what was the calculation used to figure out the amount of the allocations. Is the calculation based on population? Assistant City Attorney Bridgeman replied that the Attorney's office can look into that further and get back to her. Mayor Grant stated that he believes that Delray had representation and that Boynton Beach is not accurately receiving the money that the City has spent on treating Opioid overdoses. Commissioner Romelus stated if that is the case she is not going to fight it. Assistant City Attorney Bridgeman stated that page four of the attachment gives the calculation breakdown. Mayor Grant commented that if the City filed a lawsuit previously the City would have received a larger allocation. Mayor Grant inquired if the City does not accept the Memorandum of Understanding, can the City file a separate lawsuit. Attorney Cherof replied that the Memorandum of Understanding is the sole opportunity for the City to receive funds. Motion Commissioner Romelus moved to approve. Commissioner Penserga seconded the motion. The motion passed unanimously. Attorney Cherof stated that the Memorandum of Understanding may come back to the Commission if there are any significant changes made. Mayor Grant requested a clarification on the calculations and the cost of the City's response to the opioid epidemic. Assistant City Attorney Bridgeman state that she knows that the Police and Fire Department have been tracking the City's response to opioid overdoses for other purposes so it will be possible to get data on those costs. B. Approval of request for a private attorney-client session of the City Commission to discuss pending litigation in the following case: Patrick McFadden, Plaintiff vs. City of Boynton Beach, and Mark Sohn, Defendants — United States District Court, Southern District of Florida, Case Number: 9:20-cv-81237-RS 13 Meeting Minutes City Commission Boynton Beach, FL June 1, 2021 Assistant City Attorney Bridgeman, stated that Pursuant to Section 286.011(8), Florida Statutes, the City Attorney is requesting a private attorney-client session of the City Commission to discuss pending litigation in the following case: Patrick McFadden, Plaintiff vs. City of Boynton Beach, and Mark Sohn, Defendants — United States District Court, Southern District of Florida, Case Number: 9:20-cv- 81237-RS. In attendance will be the City Attorney James Cherof, Assistant City Attorney Gal Betesh, City Manager Lori LaVerriere, a Court Reporter, the Mayor and City Commission. Approximately 45 minutes will be needed. The mediation for this case is June 18th requesting the closed-door session take place prior to the City Commission meeting on June 15th There was a consensus of the Commission to have a closed-door session on June 15th at 4:15 p.m. C. Proposed Ordinance 21-018 First Reading - Approve amending Chapter 2, Section 2-1.2 "Vice Mayor Appointment" providing for annual appointment or reappointment of new Vice-Mayor for a one-year term. Assistant City Attorney Bridgeman read proposed Ordinance No. 21-018 into the record by title only, on First Reading. Motion Commissioner Romelus moved to approve with discussion. Vice Mayor Hay seconded the motion. Commissioner Romelus stated that she wants to make sure that the language in this Ordinance reflects that it is possible for a vice mayor to serve two consecutive terms if the board were to reappoint that Commissioner. Assistant City Attorney Bridgeman commented that the current language of the Ordinance states: "Any member of the City Commission who has not previously served as Vice-Mayor during his or her current term of office may be selected to serve as Vice- Mayor." Commissioner Romelus stated that she would like for that language to be adjusted. Attorney Cherof commented that if there is a consensus of the Commission on changing the language, the Ordinance will be returned with additional strikethrough language that deals with that issue. Vice Mayor Hay inquired what is the definition of a term. Attorney Cherof responded that a term is three years. Vice Mayor Hay questioned will this allow the person to be Vice Mayor for their entire 14 Meeting Minutes City Commission Boynton Beach, FL June 1, 2021 term. Commissioner Romelus replied no. Vice Mayor Hay stated he likes that the Vice Mayor serves for one year and then goes to the next Commissioner. It is only fair and believes it is problematic when Vice Mayors are allowed to serve multiple terms. Commissioner Romelus thanked Vice Mayor Hay and commented that the initial issue was that the Commission was not re-appointing a Vice Mayor every year, especially on off election years, so that problem is now being resolved with this Ordinance. The proposal that she is making is simply that in a year where there are four new Commissioners on the dais, you may need a Vice Mayor that has past experience and can be reappointed within their three-year term. Mayor Grant stated hypothetically in 2023, you have commissioner one serves as the Vice Mayor, and then in 2024 commissioner one is re-elected to Vice Mayor, is that currently allowed for to serve twice in their current one term of three years? Attorney Cherof replied that under the current terminology, a member of the Commission can serve as the Vice Mayor once during their first three-year term and once as Vice Mayor in their second three-year term. But they cannot serve as Vice Mayor twice in their first term or twice in their second term. Mayor Grant stated that giving everyone the opportunity to be Vice Mayor is important. It is a learning experience and it is part of being a Commissioner. Commissioner Penserga stated that he supports the proposal made by Commissioner Romelus. Commissioner Katz agreed with Vice Mayor Hay that multiple years can be problematic. Commissioner Romelus stated that she drops her proposal. Vote City Clerk Gibson called the roll. The vote was 5-0. 13. Future Agenda Items A. Staff to provide an update on the COVID-19 Vaccine Distribution - June 15, 2021 B. Hear presentation from City staff on Neighborhood Traffic Calming Program - June 15, 2021 C. First reading of ordinance relating to monuments on City property - June 15, 15 Meeting Minutes City Commission Boynton Beach, FL June 1, 2021 2021 D. Discussion regarding proposal from Surfing Florida Museum - June 15, 2021 E. Discussion on options and alternatives for public meeting record archives. - June 15, 2021 F. Staff to present Resolution adding reversionary language to Planning and Zoning applications. - July 6, 2021 G. Mayor Grant requested information on the water quality of canal systems within the City. Staff is requesting SFWMD to present this information - July 6, 2021 H. Staff to provide an update on the American Rescue Plan - July 6, 2021 I. Update from staff on Head Start lease options - July 6, 2021 J. Approval of Lease Agreements for City Hall Innovation Space and Cafes Operators - July 20,2021 K. Commissioner Penserga requested a discussion regarding a City Mural Program - July 2021 L. Discussion on funding for expanding Wi-Fi to City parks. - Will be presented during BudgetWorkshop Commissioner Romelus requested information on how to make the Bob Borovy donations tax deductible. She also requested an audit on the roll out of the e- permitting system. She suggested a comparison of permits from years past to the permits that are in the e-permitting program to see if there has been an improvement in the City's permitting services. Assistant City Manager Mack commented that the e-permitting was rolled out on May 26th and has been a success so far. He will have staff put together information to bring back to the Commission. Commissioner Penserga requested an update on the City-wide Wi-Fi. Mayor Grant pointed out that update will be discussed at the Budget Workshops, unless Commissioner Penserga would like the information before July. Commissioner Penserga commented that the Budget Workshops are fine for the update on the City-wide Wi-Fi. Mayor Grant commented that he would like for the Commission to think about ways to preserve the Nickels Boulevard parcel for greenspace for the City. He also asked the 16 Meeting Minutes City Commission Boynton Beach, FL June 1, 2021 Commission to think about how the City can raise money for the tree canopies? Commissioner Katz requested that staff reach out to the organizer of the Garlic Fest to see if they are looking for a permanent home for their event. Mayor Grant commented that he met with Nancy Stewart, the event organizer, last week and gave Ms. Stewart a tour of the City's facilities. Ms. Stewart stated that they are definitely interested in planning events in the City. Commissioner Romelus agreed with Commissioner Katz to have staff reach out to the Garlic Fest event organizer. Her concern is the parking. She also has events in mind that she feels would be phenomenal. The Griot Festival in West Boca brings people in from all over the country to celebrate Hattian Culture. The festival did not happen last year because of Covid. She does know that they are looking for a venue to hold their event. John McNally, 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.Boynton-Beach.Org. This concludes tonight's meeting. 14. Adjournment There being no further business, Mayor Grant adjourned at 7:37 p.m. ATTEST: r tal Gibson, C City Clerk 17