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Minutes 06-15-21 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 15, 2021, at 4:15 P.M. Present: Mayor Steven B. Grant Lori LaVerriere, City Manager Vice Mayor Woodrow L. Hay James Cherof, City Attorney Commissioner Justin Katz Shana Bridgeman, Assistant City Attorney Commissioner Christina L. Romelus Crystal Gibson, City Clerk Commissioner Ty Penserga (arrived during closed door session) 1. Openings A. Call to Order - Mayor Steven B. Grant Roll Call City Clerk Gibson called the roll. A quorum was present for the closed-door session. Closed-door session held on Tuesday, June 15, 2021, at 4:15 p.m. fora private attorney- client session to discuss pending litigation case of: 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 Assistant City Attorney Bridgeman announced those attending the closed-door session included the City Commissioners, City Manager Lori LaVerriere, City Attorney James Cherof, Assistant City Attorney Gal Betesh, and a court reporter. The session was anticipated to last about 45 minutes. Attorney Bridgeman noted should a Commissioner who was not currently present arrive during the close-door session, it will be reflected when the meeting reconvened. The meeting recessed at 4:18 p.m. Mayor Grant reconvened the meeting at 5:31 p.m. with all Commission Members present. Invocation by Rev. Laurie Durgan, Unity of Delray The Invocation was given by Rev. Laurie Durgan of Unity of Delray. Pledge of Allegiance to the Flag Vice Mayor Hay led the Pledge of Allegiance to the Flag. Meeting Minutes City Commission Boynton Beach, FL June 15, 2021 Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Motion Commissioner Penserga moved to approve the agenda. Vice Mayor Hay seconded the motion. The motion passed unanimously. 2. Other A. Informational items by the Members of the City Commission. Commissioner Katz had no disclosures. Commissioner Romelus had no disclosures. Commissioner Penserga disclosed that he spoke with Kelly Smallridge of the Business Development Board (BDB) and Harvey Oyer. Vice Mayor Hay disclosed that on June 12th he participated in feeding South Florida and met with the Coalition of Clergy. Mayor Grant disclosed that on June 3rd, he attended a meeting with the Taipei Economic and Cultural Office in Coral Gables welcoming the new Director General. On June 5th, he met with Community Greening regarding the tree planting in Barton Park and he also met with the Boynton Beach Garden Club. On June 7th he attended the ribbon cutting of the Pride Flag and that evening he attended the Downtown Business Coalition meeting on the Sea Mist III. On June 8th, he met with the Transportation Planning Agency (TPA) and City staff regarding the Boynton Beach Boulevard and 1-95 interchange transportation improvement project. On June 12th, he attended the Community Redevelopment Agency's Rock the Block. On June 13th, he met with the National Commander of Korean War Veterans and also met with the local Boy Scouts. On June 14th, he attended the Waste Water Treatment Board meeting. He also attended a meeting with representatives from Faith in Florida, and St. John's Missionary Baptist Church. He also attended the BDB meeting where the topic was what to do with office space. Later on in the evening, he met with the Free Masons. He also met with Congresswoman Lois Frankel. 3. Announcements, Community and Special Events and Presentations A. State Representative Omani Hardy to provide an update on the 2021 Florida Legislative Session. Omani Hardy, State Representative, provided an update on the 2021 Florida Legislative 2 Meeting Minutes City Commission Boynton Beach, FL June 15, 2021 Session. He stated this was his first legislative session. This legislative session was challenging for everyone involved. The State of Florida was open except for the Capital. This was a very important session with dealing with Covid and the economic fallout from Covid. Affordable housing was cut by 50%. This year's legislation passed a $101.5 billion- dollar budget. Included in the budget was $100 million dollars for the cleanup of the Piney Point phosphate plant. More than $750 million dollars was allocated for the maintenance and construction projects for schools, colleges, and universities. A bonus of$100 million dollars for teachers, police, firefighters and paramedics. $56 million dollars to upgrade the states DEO system and $500 million dollars to combat sea level rise. HB 1 Combating public disorder, pushed by Governor DeSantis following the 2020 protest over the murder of George Floyd, the bill criminalizes free speech and public assembly, creates new crimes and enhanced penalties for existing crimes committed in furtherance of a riot and encourages counter-protests by the far-right. SB 90 Elections greatly restricts vote-by- mail practices, places burden on the Supervisor of Elections office and discourages voter participation. SB 1028 Education, recently signed by Governor DeSantis on June 1, 2021 expands charter schools, expands the definition for high performing charter schools sponsored by FCS or SUS. Most notably is the "Fairness in Women's Sports Act" which bans transgender girls, from elementary to post-secondary schools, from participating in female sports. District 88 secured $1 million-dollars in appropriations for the community. The Heart of Boynton Beach unfortunately did not make it into the appropriation. HB 1531 Local Law Enforcement Agencies designates criminal justice standards and training commission as public safety standards, training and accreditation commission. Requires cities and counties to create public safety departments and limits when law enforcement may initiate traffic stops. HB 1609 Criminal Justice did not pass. Mayor Grant inquired what will the State Representative be doing next. Representative Hardy responded to Google him to see that he is running for another office. Vice Mayor Hay inquired if the house bills that failed will be resubmitted. Representative Hardy replied absolutely, he does not believe in giving up before you start. The bills will be refiled and they will be better. B. Report from Chief Stables on the COVID-19 vaccine distribution at the Ezell Hester CommunityCenter. Jim Stables, Fire Chief, reported on the COVID-19 vaccine distribution at the Hester Center. The program ran for eight weeks and over 6,000 vaccinations were administered to the residents of Boynton Beach. The first four weeks was the first round of vaccinations and the next four weeks was the second round of the vaccinations. During cycle one, there was a 65% decrease in vaccinations. News about the Johnson and Johnson shot causing health issues slowed down the process. City Manager LaVerriere stated that staff dropped what they were doing to get the 3 Meeting Minutes City Commission Boynton Beach, FL June 15, 2021 distribution site at the Ezell Hester Center up and running. She truly appreciated the sacrifice that was made by staff. A special thank you to John Durgan and Chelsea Sanabia who made personal appointments for over 100 residents that did not have access to a computer or needed help with setting up appointments. Without their assistance, these residents may have not been vaccinated. Also, a special thank you to Julie Oldbury, HR Director, who turned a current software program used for scheduling physicals for firefighters into a system that scheduled vaccination appointments for the community. Everybody pulled together and made a difference in the community. Moving forward, the City is not stopping the vaccination effort. The City continues to partner with the County mobile units. The City is planning on having the mobile unit at future events. Vice Mayor Grant inquired were numbers available on how the City compares to surrounding cities in the percentage of vaccines to have been distributed. City Manager LaVerriere responded that she will get those numbers for him. C. Citation recognizing Mrs. Sue Jones, RN for her volunteerism in assisting the City with theCOVID-19 vaccine distribution efforts at the Ezell Hester Community Center. City Manager LaVerriere stated she met Mrs. Jones sitting in the 15-minute waiting area. Mrs. Jones was walking around and talking with people on how they were feeling and what they should do with the vaccination cards. Mrs. Jones brought calm and peace to the room. Mrs. Jones is an amazing volunteer. Sue Jones, RN, accepted the Citation and quoted Oprah Winfrey "Don't worry about being successful but work toward being significant and the success will naturally follow." This past year has been trying for people in many ways and many people have stepped up to help those in need. Mrs. Jones is a member of the Palm Beach County Black Nurses Association and volunteers with them. She works with Dr. T. Leroy Medical Society, Unified Palm Beach County, The Black Legislative Caucus, the Boynton Beach Coalition of Clergy and others. This group came together to help those in a time of need. She thanked the City of Boynton and Fire-Rescue for the work they are doing in the Community. She then thanked her husband, family and friends for their support. City Manager LaVerriere thanked Assistant Chief Prince and the Fire-Rescue medics for all their work as well. D. Proclamation recognizing June 19, 2021 as Juneteenth Day, a celebration of freedom. DarrylSanders, Jr. of ChevyDTV Foundation, Inc. will accept the proclamation. Mayor Grant proclaimed June 19, 2021 as Juneteenth Day. Darryl Sanders, Jr., of ChevyDTV Foundation accepted the proclamation. Mr. Sanders read the history of Juneteenth Day. ChevyDTV and Boynton Strong invited the Commission and City staff to attend the Juneteenth event on June 12th. Mr. Sanders asked the City to sponsor and fund the entertainment budget of $1,300 dollars for the Juneteenth event. 4 Meeting Minutes City Commission Boynton Beach, FL June 15, 2021 E. Announcement of the City of Boynton Beach's 4th of July - Red, White & Blue with a WaterfrontView Event, by Eleanor Krusell, Marketing & Events Director. Eleanor Krusell, Public Communications and Marketing Director, announced the Red, White & Blue with a Waterfront View Event. The event will take place at the Intracoastal Park on Sunday, July 4th, from 6:30 p.m. to 9:30 p.m. There will be live music, food trucks and a hydro flight show. This event will be one of the largest Zambelli Fireworks display in Palm Beach County. Dress to impress in your favorite 4th of July outfit. The Mayor and City Manager will select their favorite attendee to appear on stage for a photo op. Attendees are encouraged to bring chairs and blankets. Onsite parking is limited. There will be a free shuttle service to parking lots located at 114 and 222 N. Federal Highway, 3301 Quantum Boulevard and 715 S. Federal Highway. To learn more about this event, go to boynton-beach.org/July4. City Manager LaVerriere announced that Debbie Majors, Grants and ADA Coordinator, will be retiring after 33 years of service. She thanked Mrs. Majors for her dedication and hard work and said the City would not be a leader in accessibility for a government entity without her. Mrs. Majors has made a difference in the City of Boynton Beach. Debbie Majors, Grants and ADA Coordinator, thanked the City and said it has been an honor working here. F. Announce the FY 2021/2022 budget workshops to be located at the Police Station CommunityRoom, 2100 High Ridge Road at the following dates and times: 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 Resolution and Tentative Millage Rate Resolution at these workshops. Mayor Grant read the dates and times for the FY 2021/2022 budget workshops. G. Presentation by Paola Mendoza, Associate Engineer, Public Works Engineering Division, on anew initiative that addresses speeding through neighborhoods, "Drive Safe Boynton". Paola Mendoza, Associate Engineer, Public Works Engineering Division gave a presentation on "Drive Safe Boynton". Commissioner Penserga thanked Ms. Mendoza and Mr. Dunmyer for their work. This is a very important topic for the residents in his District. In his District there is a reoccurring problem of drag racing. He asked if there are plans to address this type of situation. 5 Meeting Minutes City Commission Boynton Beach, FL June 15, 2021 Gary Dunmyer, Interim Public Works Director, explained this program is designed for neighborhood roads and the problem the Commissioner was referring to is along Lawrence Road. This is a larger issue and he will work with Sgt. Hawkins to come up with an initiative. Mayor Grant stated that Palm Beach County controls all the traffic lights in the County. He requested for a Future Agenda item a resolution from the Commission requesting that Palm Beach County traffic allows for prioritization of pedestrians outside of rush hour. Commissioner Katz requested a presentation before the resolution to educate the Commission on prioritization of pedestrians outside of rush hour. Vice Mayor Hay agreed with Commissioner Katz that a presentation with more information would be helpful. Mayor Grant stated not having people jaywalking on Boynton Beach Boulevard and pedestrian safety is a priority. Mayor Grant directed staff to come back with more information and to have someone from Palm Beach Traffic speak at a Commission Meeting. Commissioner Katz requested to have information on other cities who have already done this and have they been successful. Commissioner Romelus thanked Ms. Mendoza and said this is exciting news. She asked that the City look into the traffic flow on SE 2nd where Betty Thomas Park is located. Drivers cut through these streets with no regards to safety of the people who live there. Commissioner Katz requested to add to the list of communities that are not gate restricted, Leisureville which has been a cut through community for a long time and Renaissance Commons Boulevard, the section that runs behind Target. Mr. Dunmyer commented that Renaissance Commons Boulevard is a private road. Vice Mayor Hay asked that Village Royale is not forgotten in this process; they also have the same problem. H. Update on recordings of public meetings. Crystal Gibson, City Clerk, gave an update on the recordings of public meetings, especially advisory boards. In the past the recordings were available upon request. The recordings are now assessible by the public through a link on the City's Advisory Board Webpage. 4. Public Audience 6 Meeting Minutes City Commission Boynton Beach, FL June 15, 2021 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 comingbefore the City Commission) Susan Oyer, 140 SE 27th Way, thanked Mr. Dunmyer for addressing the street drag racing problem. She has been complaining for years about what is going on in Seacrest Estates and not to leave SE 2nd Street out of this program. Ms. Oyer suggested that the City starts fining the non-electric cars that are parked in the electric car charging lot. She also stated it is time to get rid of the fanning palm trees; they are not trees, they are grass. Tory Orr, 106 NE 7th Avenue, on behalf of ChevyDTV and Boynton Strong, invited all to attend the Juneteenth event on Saturday, June 19th. Mr. Orr also commented on the City sponsoring the $1,300 for the entertainment at the event. City Manager LaVerriere stated that the City will fund the$1,300 dollars for the Juneteenth event. !mon Kareem, 214 NE 3rd Street, stated he is very excited to hear about what the City has decided to do with monuments. His good friend is with him tonight to talk about why it is important to have something that honors the people of Boynton Beach and throughout the Nation that have fallen. Santiago Vasquez, 213 NE 3rd Avenue, an army veteran who served in Operation Desert Shield, Desert Storm and in Guantanamo Bay, Cuba. He is also a retired Broward County Sheriff Sergeant. He is currently the President and COO for Global Accountability Core. Places like Washington, D.C., and other cities to remind of the past that we have here in our American history. Statues of past leaders, even some that come with controversy still stand before us, before you and me. This is the American history that we all have to accept. American history that whatever happened in the past, we can control our outcome and denials and errors to protect our future and the mistakes of our past. He is proud of his country in which five generations before me, myself, my brother, and now my son serves our country looking forward to America's success without regrets. People are killed in wars, act of terrorism, act of domestic violence and worldwide pandemics. My condolences go out to all those families that lost someone early. This happens. That is something that our government and our people and our future must change to better serve not only this generation but many more that are still to come. We mourn by going to cemeteries, going to churches, a temple, synagogue or even a mosque to reflect on those who are taken from us early. Some people do not like to go to places like that. Some do not have a special place. Boynton Beach leads the way for caring for its community, its businesses and everyday people that travel in and out of the City. As a traveling man, he communicates with hundreds of your business owners and residents, and he can say they are all in agreement they love this City. Thousands of people have passed defending countries, beliefs and their own family. 5. Administrative 7 Meeting Minutes City Commission Boynton Beach, FL June 15, 2021 A. Ratify the selection of Trevor Rosecrans as the Chair and Butch Buoni as Vice Chair of the Planning & Development Board. Motion Commissioner Hay moved to approve. Commissioner Penserga seconded the motion. The motion passed unanimously. B. Ratify the selection of Dr. Valerie Valcourt as the Chair and Lori Wilkinson as the Vice Chair ofthe Education & Youth Advisory Board. Motion Commissioner Katz moved to approve. Commissioner Romelus seconded the motion. The motion passed unanimously. C. Ratify the selection of Golene Gordon as Board Chair and Angela Cruz as Vice Chair of the CRA Advisory Board. Motion Commissioner Romelus moved to approve. Commissioner Hay seconded the motion. The motion passed unanimously. D. Discuss Art Advisory Board Request to conduct workshop meeting. Glenn Weiss, Public Art Manager, stated that the Art Advisory Board has wanted an open workshop to talk about the future of the public art program and Art in Public Places program and make recommendations back to the Commission. Mayor Grant inquired if this was different from their regular scheduled meeting? Mr. Weiss replied yes, it is. The Board would like to have a longer session and have it on a Saturday at place where the public can attend also. Mayor Grant asked if the Board has a specific place they are looking to have this meeting? Mr. Weiss responded that the Board was waiting on approval from the Commission before choosing a place to hold the workshop. Mayor Grant stated that he is in favor of this. The Public Art Committee does a lot for the City, determining what is okay and what is not okay. We want to make sure they have control of what is acceptable in our City. He said he thinks that it is a good idea to give them the opportunity. 8 Meeting Minutes City Commission Boynton Beach, FL June 15, 2021 Commissioner Penserga inquired about the what topics will be discussed at the workshop. Mr. Weiss replied that they requested to have an open-ended discussion. The subjects that have been discussed previously have to do with changes to the mural ordinance but also what kind of programs the City should have. What should be the extent of the Kinetic Exhibition, what kind of work should we be purchasing for the City, and where should they be placed in the City. Attorney Cherof clarified that this topic is on the agenda because when the request first came through in terms of it being an open-ended workshop, it was his opinion that does not give the public enough information about the scope of items that are to be discussed. That is an important element of an agenda. Mr. Weiss did provide a list of items after the agenda was sent for publishing to indicate more specifically what kinds of issues the Art Board would like to discuss in that workshop. He thinks it would be important to build an agenda around that list. Mr. Weiss responded that generally within that list as per the ordinance today for the Art in Public Places program is that the Board has the opportunity to recommend to the Commission a master plan, master planning issues and locations for art within the City. Attorney Cherof asked to go through the list so the Commission knows precisely what those items are. The discussion would be regarding temporary exhibits such as the Kinetic Biennial, special projects such as the lifeguard stations. Projects related to racial and social equity. Themes and locations of murals, that is an item on the agenda later for discussion in more detail, promotion and community engagement in public art. Mr. Weiss added collaboration with city agencies, park, public works, sustainability, economic and the CRA, all of which touch upon essentially at this particular point an unspecified list of projects for those agencies which are really the departments of the City with the exception of the CRA. It is a broad list, some of it specific, some of it general, such as the ones that jump out at him as particularly general in nature would be social and racial equity themes and location of murals. He said he thinks the mural issue, Mr. Weiss will be presenting an item later on the agenda. He thinks the agenda for the workshop is needed. Vice Mayor Hay stated that he likes the idea of the workshop. He asked for clarity on whether the Board is an Advisory Board to the Arts Board. Mr. Weiss responded the Board is an Advisory Board to the City. Vice Mayor Hay stated he would prefer to see the Art department talk about workshops, be the one to put these workshops on, not the Advisory Board. The way he sees it, the Advisory Board makes recommendations to the art department and then they make those recommendations to the City Commission. He did not see this as necessary, but adding another layer. He commented that if you are going to start talking about location of exhibits and murals and special projects, that is not the Advisory Board's job to put workshops on 9 Meeting Minutes City Commission Boynton Beach, FL June 15, 2021 to discuss those things, that is the art department's responsibility. Mayor Grant commented that the problem with having our Arts Commission is they cannot discuss with each other what our arts committee can do. That is why they are asking for this workshop that is within the limits of the Sunshine Law. Mayor Grant pointed out that Commissioner Romelus was having an issue with her microphone. Commissioner Romelus stated that if Board is willing to take the initiative to do the background work and the due diligence to do research around our Community to find things that are representative and reflective of our residents and put that in a way that is clear and defined and creates a plan to move forward and really showcases what our Community has to offer in the way of art, she sees nothing wrong with that. If anything, she commends them for that. As long as we are within our bounds of staying clear of what the law dictates that we are supposed to do in terms of properly noticing the public, making sure there is an agenda. Mostly following that agenda and making sure that the conversations are relevant to that and give the public ample notice to participate in the workshop, let them go forward. Mayor Grant stated that he agreed with Attorney Cherof, we need to have a specified agenda for the public. Looking at our ordinances, powers and duties of the committee, they are allowed to make amendments to the Art in Public Places program. They are tasked with adopting a public arts master plan to identify locations for public artworks and establishing a priority order. He feels if they want to update the master plan, they should make those recommendations to the City Commission regarding that update, and that the Board recommends expenditures for Art in Public Places programs. If they would like to say how the City should try to focus our expenditures in certain aspects including kinetic or different types of sculptures, that is important. Based upon my understanding, he would like the Art Commission to come back to us with an agenda to ratify to allow them to have their workshop. It is not an open-ended workshop, it is based upon the agenda that they agreed to have. He understands Mr. Weiss' time is valuable as well, so make sure it is not using too much of your time and it does not become a weekly event. Mr. Weiss explained that he has managed a great deal of workshops about public art both for the City of West Palm and the City of Delray Beach and other South Florida cities. The City has a very good Art Board in terms of their thinking and dialogue and discussion. He commented that he thinks not only that, but with other people who will join that workshop, you will see some good results making the program more meaningful to the Commission and to the City. The Art Advisory Board will create a recommended agenda to bring back to the Commission. Commissioner Katz inquired why these items cannot be added as discussion items to the Art Board agenda. 10 Meeting Minutes City Commission Boynton Beach, FL June 15, 2021 Mayor Grant responded because they have other items they have to discuss. The Board wants it on the weekend to get more of the public involved. Commissioner Katz stated that he shared some of the sentiment of Vice Mayor Hay. As stated in the agenda item, conducting workshops by advisory boards is unusual. He said he worries that opening that door means that every advisory board could decide to schedule workshops at their whim, once we allow this. He said he has no problem with the members of the Art Board being at noticed meetings to talk to each other in the Sunshine, but would feel more comfortable with staff having a Public Arts meeting, noticed in accordance with rules of Sunshine. The open-ended part scares him. Even if an agenda is put together, he still would not want the board deliberating over topics outside their purview that were never verified by the City Commission. He said he feels more comfortable with staff running this type of workshop because they would stay 100% within the bounds of the agenda. Members on the Art Board might have ideas that are not on the agenda, stray from the agenda and no way to moderate or stop a discussion that is off track. He is not opposed to people putting in extra effort to have a meeting and thinks that is great. He wants to make sure that by approving this, the City Commission is not ceding authority or creating new authority for an advisory board that could be interpreted as a precedent for all advisory boards to conduct meetings on broad ranging topics. Commissioner Penserga commended the Art Advisory Board. When people want to be proactive and want to do more things, that is a good problem. He thought the real difference was that the advisory board agenda is set by staff. They are not set by actual advisory board members. The meeting may be run by the Chair but they are generally regulated by an agenda set by staff. The conversation we should be having is this the kind of advisory board we want. Right now, advisory boards take lead from staff and staff takes lead from the Commission. There is the idea that they are on their own "going rogue," coming up with ideas and proposals and action steps, that are not something that staff asks for or the City Commission asks for. How do we want our advisory boards to work, which of the two? There is a compromise. If the topic is something that this Commission has supported, whether it is racial equity or topics about mural programs, that seems to be quote, unquote, "blessed by the Commission already." We also want to make it clear what the process would be for advisory board members to add agenda items that may be off the beaten path. Those situations, He would recommend that advisory board members come to a Commission meeting and present their ideas to the Commission directly. He does wish more boards would come speak during the meeting and give updates, and then from there decide if that is a direction that Commission wants to give to staff. Mayor Grant stated that we have a 3-2 vote or consensus to not have the public workshop. If any of the board members want to talk about an item, that they would come to the City Commission meeting so that the Commission can direct staff to put it on their agenda. Is that what the Commission is looking to do? 11 Meeting Minutes City Commission Boynton Beach, FL June 15, 2021 Commissioner Katz responded he thought so. The way it is described reminds me of the CRA Advisory Board where we set the agenda by virtue of their actions by agenda and staff, we can add items to their agenda. As the Mayor said, if someone comes in and says I am an Art Board member and want to discuss this topic we can say yes add that to the agenda. Or as Commissioner Penserga said if it is a topic we do not want to explore, we could say no and it would not get on the agenda. Treating it more like the way items get on the CRA Advisory Board agenda would make me more comfortable. He said if an advisory board is going to talk about stuff and it is a topic he does not support, he would want an opportunity to say he did not want that board to stray in that direction and the majority rule would dictate. Vice Mayor Hay inquired if Mr. Weiss has considered being on the Arts Commission Board rather than on the Advisory Board. Mayor Grant remarked they are the same thing. Vice Mayor Hay commented that Mr. Weiss stated that he worked at Palm Beach County Arts Commission. Mr. Weiss responded prior to coming to Boynton Beach, he was a consultant in Public Art in Florida. He has managed a lot of workshops and programs to develop public art programs throughout the state. He said he felt that as the City's staff person he was comfortable with controlling and focusing the discussion and making it valuable to the Commission and to the City. Mayor Grant commented that it is similar to what he said earlier. If any of the board members want to talk about an item, they would come to the City Commission meeting so that we can direct staff to put the item on their agenda. Commissioner Penserga reiterated again if it is a topic that the Commission has already given blessing to, then absolutely they should have a workshop on that topic. They are trying to be helpful and it is in service of the direction the Commission has given. For example, later today, if we support the exploration of a mural arts program and they are requesting for a workshop on the very same topic that we are supporting that is in service to us. He said he sees no issue with that. Mayor Grant noted that there is difficulty in understanding what the board can and cannot have a workshop on. Commissioner Penserga stated that we will have to make that clear. If it is in service to us, he is in favor. Mayor Grant replied absolutely. Hopefully we can get an agenda and we can have the Arts Commission have a workshop. 12 Meeting Minutes City Commission Boynton Beach, FL June 15, 2021 Commissioner Katz stated that this is a question for one of the attorneys. Would this workshop have the authority to take votes, or would discussion be the only permissible activity at this workshop? Attorney Cherof responded that the open-ended workshop made it sound as though there would be no outcome. For any advisory board, the goal of the meeting is to provide a recommendation or advice to the City Commission. There has to be a conclusion to that. It certainly is called a workshop but there is nothing that prohibits a workshop that is open to the public and has the appropriate notice and report of the meeting, concluding with consensus by members of a particular board to give their advice to the Commission. That is in the art of structuring the agenda, so there could be discussion on what to take action on and then a list of what the items are that the Commission wants to receive advice on. Commissioner Katz replied thank you for the clarification. He said he does not have a problem with voting to give a recommendation. He just wants to make sure the Art Board has the authority in its normal capacity to literally vote to take action on items within their purview and wants to make sure any voter consensus is established at a potential workshop would be a recommendation that would be the majority. Commissioner Romelus inquired if the actions the board is allowed take entails approval or denial of pieces of artwork coming in from a development or something like that around the City. Attorney Cherof responded yes that seems to be what the agendas entailed in the past. Commissioner Romelus stated therefore their actions would not or could not potentially allow them to do anything else other than that. She said she did not know what was the miscommunication in this question. She felt like it was superficial and clear that the board simply wants to gather and discuss what our arts program could look like moving forward. She commented that she thinks we are making a mountain out of a molehill here and her colleagues should step back a little bit and not be so stringent on this. She remarked that this is an important discussion for a board that really has the ability to structure what the City's downtown and other parts of our City aesthetically and visually looks like. It is important to have these open discussions. Mr. Weiss with his experience and what he has done, he clearly has the ability to lead these discussions and allow for them to be productive and lead to something appropriate. She would hope this discussion leads to allowing for this board to have this workshop. This leading to the Arts Commission recommending something to the Commission that we can then go through and explore and say we accept or we deny. That would be the goal of this workshop. Attorney Cherof commented that the purpose of bringing the matter to the Commission was not to suggest that workshop meetings of a board are not legal. They certainly are legal. He explained that his concern was the way it started was an open-ended workshop. Just imagine if the City Commission agenda was published in the same manner: "The City Commission will be discussing a number of issues on June 15, 2021." That would 13 Meeting Minutes City Commission Boynton Beach, FL June 15, 2021 hardly provide the public with the opportunity to decide whether they want to come and participate and provide their input on that. The reason he wanted to read the list Mr. Weiss provided, is that list in and of itself would be sufficient to establish the structure for conducting the meeting, which Mr. Weiss would moderate using that agenda and with the assistance of the Chair, of course, but also give the public the opportunity to know what is going to be discussed without having to come over and find out. That eliminates the opportunity for anybody to argue later on that ideas and concepts and recommendations to the Commission were developed in secret. Commissioner Romelus agreed, as long as the City is within purviews of the law in the terms of Sunshine and noticing the public, as long as we are doing that, we should allow the board to be able to, again, take this initiative to hopefully bring us back something that is productive and that will paint an image or paint a picture, no pun intended, of what the future of our arts program can look like. City Manager LaVerriere requested that the Commission keeps in mind staff time and the cost. The City Clerk will have to be there. It is potentially several hours on a weekend. We have to maintain recording. We have to do minutes. We have to support that meeting like all of our other advisory boards. We have limited staff in the Clerk's Office. Moving forward if this becomes popular to be mindful of that impact on City staff. Commissioner Romelus stated if that is one of the concerns in terms of trying to have staff come in on the weekend and do all that, perhaps we dictate that the workshop happens on a weekday perhaps after hours. That way staff members can just stay a couple of hours after the workday and help conduct the workshop. Mayor Grant stated it goes back to the agenda, the Commission will approve or not approve. He asked for a consensus from the Commission to allow the Art Advisory Board to propose an agenda and bring back to the Commission for approval. Does this open it up to all the advisory boards to come back with us for a special agenda? The answer is, yes, it does. However, it is something that the Commission understands that this is taxpayer money being used to have these meetings for their volunteer time. It is something we have to weigh the cost versus benefits. Art has the benefits of economic aspects for our City. This is important to the City's future. Motion Mayor Grant asked for a motion to allow the Art Advisory Board to propose a workshop agenda. Vice Mayor Hay moved to approve. Commissioner Romelus seconded the motion. The motion passed unanimously. E. Appointment of eligible members of the community to serve in vacant positions on City advisory boards. Motion 14 Meeting Minutes City Commission Boynton Beach, FL June 15, 2021 Mayor Grant moved to appoint Kellie Drum as a regular member to the Art Advisory Board. Vice Mayor Hay seconded the motion. The motion passed unanimously. Vice Mayor Hay moved to appoint Dr. Stephanie Hayden-Adeyemo as a regular member to the Education and Youth Advisory Board. Commissioner Penserga seconded the motion. F. Discuss and approve Commission attendance at the Florida League of Cities Annual Conferencein Orlando, FL from August 12-14, 2021 . Motion Commissioner Romelus moved to approve. Commissioner Katz seconded the motion. The motion passed unanimously. City Manager LaVerriere requested that the Commissioners who intended on going to please contact her office as soon as possible so reservations can be made. 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. Proposed Resolution No. R21-055 - Approve the purchase of an annual service agreement, and authorize the City Manager to sign the service agreement with Trane U.S., Inc. for preventativemaintenance of the Trane Chillers at the District Energy System for a total expenditure of $37,904.00. B. Proposed Resolution No. R21- 056 - Approving the release of Declaration of Unity of Title for Knuckles, LLC properties, located at the NW corner of South Federal Highway and SE 23rd Avenue. C. Authorize utilizing the NASPO Valuepoint Agreement 43220000- NASPO-19-ACS under MasterAgreement AR3230 for the purchase of network equipment and NCPA 01-97 for services for network equipment configuration services from StepCG in the amount of $43,405.61. D. Proposed Resolution No. R21-057 -Authorize the City Manager to sign a Federal Financial Assistance Subrecipient Agreement with the Florida Department of Agriculture and Consumer Services (FDACS) for the 2020 Managing Community Forests Grant Program for a reimbursement amount of up to $25,000. 15 Meeting Minutes City Commission Boynton Beach, FL June 15, 2021 E. Proposed Resolution No. R21-058 -Approve Interlocal Agreement between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency (CRA) for various streetscape/lighting Improvement projects within the CRA District. F. Proposed Resolution No. R21-059 - As a part of the approval of the interlocal agreement between the City and the CRA for various Streetscape/Lighting Improvements within the CRA District, it is necessary to amend the Fiscal Year 2020-2021 Capital Improvement Fund (302) budget, which will adjust budgeted appropriations and revenue sources. G. Approve revisions to the Fiscal Year 2020-2021 approved Capital Improvement projects for the303 Fund (Surtax Dollars). H. Proposed Resolution No. R21-060 - Authorize the Mayor to sign a land use agreement betweenthe City of Boynton Beach and Ocean One for the 4th of July event to be held Sunday, July 4, 2021 . I. Proposed Resolution No. R21-061 - Approve and Authorize the City Manager to sign the two (2) year agreement and letter of authorization with JJ Kane for the disposal of vehicles/equipment submitted by Fleet Maintenance Division and declare thirty-eight (38) vehicles/equipment as surplus and approve disposition of these items via auction using various means such as JJ Kaneon-line auction and GovDeals.com. J. Accept the written report to the Commission for purchases over $10,000 for the month of May2021 . K. Approve the disposition of land by the Boynton Beach Community Redevelopment Agency to Habitat for Humanity of South Palm Beach County for the property located at 545 NW 11th Avenue. L. Approve minutes from the City Commission meeting on June 1, 2021. Motion Commissioner Katz moved to approve. Vice Mayor Hay seconded the motion. The motion passed unanimously. 7. Consent Bids and Purchases Over $100,000 — None 8. Public Hearing 6 p.m. or as soon thereafter as the agenda permits. The City Commission 16 Meeting Minutes City Commission Boynton Beach, FL June 15, 2021 will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Proposed Ordinance No. 21-014 - Second Reading - Approve amendment to the Future Land Use Map (LUAR 21-003) for the Knuth Road property from Local Retail Commercial (LRC) to Mixed Use Low(MXL). City-initiated. Proposed Ordinance No. 21-015- Second Reading - Approve Rezoning (LUAR 21-003) of the Knuth Road property from PCD, Planned Commercial Development to SMU, Suburban Mixed Use. City-initiated. Assistant City Attorney Bridgeman read Proposed Ordinance No. 21-014 and No. 21-015 by title only on Second Reading. Assistant City Attorney Bridgeman administered an oath to all those wishing to testify. Attorney Jason Mankoff, Ciklin Lubitz on behalf of Quail Ridge Country Club, stated that he submitted an email to each Commissioner and the City Clerk on June 9th He said that there was a prior letter that was also attached to that letter that was not at the first reading. Hopefully the Commission has received both letters and had a chance to review them. He said he wanted to make sure they are on the record. Their concern has continuously been with regard to the height setback envelope which is a requirement in the City's SMU zoning district, which is going to be the proposed zoning district if a successful vote is here tonight. And the height setback envelope requires a minimum setback three times the building height for multifamily or nonresidential zoning districts. At the prior meeting, it was first turned down and came back for a re-vote. At one of the prior meetings, the staff put on the record that the setback requirement envelope will be applied to this property which is being rezoned as part of the future land use amendment. Additionally, in the email he sent, there is an email from March 2nd from the City. It states the City Attorney and he agrees that the setback regulation we discussed would be applicable to the Quail Ridge Country Club property as well. With context because it may not be abundantly clear. The property that we are talking about is not in Boynton Beach. It would never have SMU zoning. It is this property. And they are saying that would be applicable to the Quail Ridge property. Meaning that Quail Ridge would have the protection that is being provided by this SMU. That is clearly what that email is stating. Why is this important today? He did listen to the last meeting a couple of times. He knows the Commission discussed this would be a site plan issue and handled later. It is important today because it is part of your requirements for a rezoning and land use change, compatibility is one of the requirements. For our position, without the implementation and putting this height setback envelope into the record, being sure that is going to be applied and we are not opposing the rezoning and land use change. We want to make sure all understand, including the property owner, the City any future City Commission, any future City Attorney, Clerks and the buyers of the property they need to understand. We are hoping you will state on the record as the email says and staff has stated that SMU height 17 Meeting Minutes City Commission Boynton Beach, FL June 15, 2021 setback regulation will be applied to this property rezone and if that is made, the height capability can be made as well. We certainly appreciate the help that City staff has given us throughout the time. He said he would be happy to answer any questions the Commission may have. Thank you. Commissioner Katz inquired is this something recommended by legal or something that would be hashed out by virtue of a future site plan submitted at a future date and purview of that board at that time based on our ordinances and our codes? Assistant Attorney Bridgeman requested clarification about the statement, "hashed out later," as it is on the agenda now. Commissioner Katz clarified the request being made with regards to the height or the setback. The ratio, the height to setback ratio. Assistant Attorney Bridgeman replied that would be with the site plan. Commissioner Katz stated he understands the position of Quail Ridge - they do not want a building built close to their property line. This is a site plan that does not exist at this time. He understands that Quail Ridge wants to lock in assurances on the front end. Is there any reason to do this other than it is being requested by a neighboring municipality? City Attorney Cherof replied that there is no reason. Mr. Mankoff has already read into the record the point staff and myself have opined to in the past. It is not necessary to deal with this tonight. It is a site plan issue to be taken up in the future. The record of tonight's proceeding can be read back to the Commission in the future. Mayor Grant inquired could future Commissions decide to change land development regulations to allow less of a setback or increase height for this location? City Attorney Cherof replied yes. Those regulations that are expressed in the City's Code of Ordinances are not etched in stone. Mayor Grant commented that whatever is done today with our current land development regulations do apply, however those are subject to change according to future Commissions. The aspect of what he heard with the BDB is that whether we have appetite or any future commission has appetite to expand suburban mixed use to include two different zonings of more than 65 feet or not. As of right now, you are pretty much in the clear that it is a 75 feet setback. He asked is that setback from the property line or any adjacent property improvements? Attorney Mankoff stated that it is a triple setback, not necessarily 75 feet. We certainly understand that the regulations could change. He said he appreciates the question and Attorney Cherof, stating again on the record that his current interpretation of the code as it stands today the setback requirement would be applicable to the property. And right 18 Meeting Minutes City Commission Boynton Beach, FL June 15, 2021 now, that is the interpretation of the City Attorney and we understand the codes are flexible. Thank you, Attorney Cherof. Motion Commissioner Katz moved to approve Ordinance No. 21-014. Commissioner Romelus seconded the motion. Vote City Clerk Gibson called the roll. The vote was 5-0. Motion Commissioner Katz moved to approve Ordinance 21-015. Vice Mayor Hay seconded the motion. Vote City Clerk Gibson called the roll. The vote was 5-0. B. Proposed Ordinance 21-018 Second 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 by title only on Second Reading. Motion Vice Mayor Hay moved to approve Ordinance No. 21-018. Commissioner Katz seconded the motion. Vote City Clerk Gibson called the roll. The vote was 5-0. C. Proposed Ordinance No. 21-019 - First Reading - Rescinding previous abandonment of a portion of an unimproved five (5) foot wide alley running east to west from Seacrest Boulevard approximately 436.5 feet (ABAN 21-001), and approve abandonment of an approximately 76-foot-long section of the five (5) foot wide alley along the south side of Lot 1, Meeks Addition to Boynton Plat. Assistant City Attorney Bridgeman read Proposed Ordinance No. 21-019 by title only on First Reading. 19 Meeting Minutes City Commission Boynton Beach, FL June 15, 2021 Mayor Grant inquired about the agreement with the property owner to rescind the abandonment and does the City have that in writing. Ed Breese, Planning and Zoning Administrator, responded the City does not have it in writing. Development met with the developer of Wells Landing and they agreed to this. This is the quickest way for them to move forward with their project. At some point in time the City will come back and ask for the remainder of the abandonment of the alley. Mayor Grant stated that he wanted to make sure the City is not subjecting itself to any kind of lawsuit. Mr. Breese stated that the conditions of approval in the original abandonment indicated that the property owners would need to sign the easement consent and that has not occurred and the City is taking this action over that. Motion Commissioner Katz moved to approve Ordinance No. 21-019 on first reading. Vice Mayor Hay seconded the motion. Vote City Clerk Gibson called the roll. The vote was 5-0. 9. City Manager's Report A. Presentation on the Climate Change Vulnerability Assessment for the City of Boynton Beach, conducted in collaboration with the Coastal Resilience Partnership of Southeast Palm Beach County. Rebeca Harvey, gave a presentation on the Climate Change Vulnerability Assessment for the City. Mayor Grant thanked Ms. Harvey for the presentation. Tom Warnke, 2780 Worcester Road, Lake Worth stated that this assessment is very important and wished Ms. Harvey had more time to go into the details. Mr. Warnke suggested that the City should think about installing a flood gate at the Boynton Inlet to prevent flooding, it would save the City money in the long run. 10. Unfinished Business Monthly update on the Town Square project by JKM Developers. (Tabled from the June 1, 2021 City Commission Meeting.) See attached letter/update dated June 1, 2021. 20 Meeting Minutes City Commission Boynton Beach, FL June 15, 2021 Motion Vice Mayor Hay moved to remove this item from the table. Commissioner Penserga seconded the motion. The motion passed unanimously. Mayor Grant inquired about the mediation date. City Manager LaVerriere, responded the mediation date is June 23rd Mayor Grant inquired if the Commission talked with the City Attorney regarding their own thoughts. City Manager LaVerriere replied that Vice Mayor Hay still needs to meet with the City Attorney. Commissioner Katz, commented that he does not want to have a conversation about this. He just wanted to point out that in the monthly update, one of the paragraphs states "pending litigation affects any project construction financing."That statement led him to believe that even the south parcel, currently has zero funding. They do not have a financing partner. Over the last couple of months, it has been common knowledge that JKM was attempting a partnership deal with a third party to sell off other parcels under the premise that they still wanted to move forward and complete the other parcel. This makes him believe that even that premise was impossible. Now that the plan to sell off the central and north parcels appears to have fallen apart. The entity working with JKM is no longer involved with JKM. There is no project. JKM has no money, no capability as far as he can see. In this latest update, pinning that lack of financing on pending litigation is a fantasy of excuse. Any financial package from a lender could have provisions that say pending the outcome of these litigation matters. Yes, you will receive financing or no you will not. He cannot walk away from this without pointing out that it is an admission for no financing at this time. That the excuse is being tied up by protecting the City's interest and exercising the City's rights on behalf of the taxpayers that the City is at fault. The second point is to amend the site plan. He said if you cannot do anything you have committed to, he does not want to negotiate with a hostage taker. That land is being held hostage under the premise that it is to be amended and changed. Do the ethical and moral thing. Move forward or admit you cannot do it. But do not come back to the City and ask to renegotiate a failed project while holding the land that was previously possessed by the City hostage so you can develop the next version of this. If there is going to be changes to the central and to the north parcel and JKM is able to proceed with the south parcel, that should be for this Commission to unilaterally decide. He continued that he knows that is not so at this moment. The possession of the land is with JKM and he does not understand how you can bring to the table a broken contract and try to renegotiate it unilaterally. All of this blows his mind. He stated he felt like this has not been highlighted to the public and he did not want to negotiate with a property hostage taker. 21 Meeting Minutes City Commission Boynton Beach, FL June 15, 2021 Mayor Grant stated that he does not believe the City has filed a lawsuit for a breech contract. He appreciates how Commissioner Katz perceives this aspect; however, he perceives it differently. He stated if we can get a better project that we could not have gotten three years ago, that is something the Commission should look for rather than saying you did not do what you said you were going to do and you failed to notify the City. Does not stop the City from working with the private property owner for a better project. Commissioner Penserga commented that he is glad to know he is not the only one that has their mind blown. He said he has extreme concern and displeasure of everything he has seen. As he goes through the Town Square project, he is unraveling more questions and cannot understand how the City has come to this position. This was a joint public- private partnership. On the public side, the City and the CRA and private developers. The success of Town Square that people are seeing are our municipal buildings: police, fire, water plant and City Hall. How did we come to losing all of this land in the first place? Before us is this proposal from Mr. John Markey. Prior to this, there was another one from Mr. Jack Weir. Why are we talking about moving forward without simply asking what in the world happened to get the City here in the first place? The situation is that developers do not always do as they say. My focus has been where are the protections? How did the City easily give away $2 million in cash and all of this land bought for $10 dollars? The City does not own any of it and that is now being held hostage. The City is now talking about what to do next. He said that he asks his colleagues before we take any step forward, let us have an internal review, an investigation. A reflection as to what exactly happened. One of the key questions is where is the reverter clause? Why is there not one? This was a joint City and CRA project. If the CRA is working with the City, at some point must have said you know these are really good practices to have. We should protect ourselves and the interest of the public taxpayers. He added that he was not going to support any major step forward until the Commission has that conversation first. He said let's learn from our mistakes and find out what happened. He did not want to vote or take a direction that might very well bring us to the same or similar situation whether on this project or some other project. He said he just wants to learn what happened. Mayor Grant replied we would have to speak to our attorney for that question. He asked Commission Penserga if he wanted to have it as a public meeting or speak to him independently. Commissioner Penserga responded that we need to have this as a public conversation, all of us asking these questions. We need to learn from it. That is the intent. Mayor Grant said he did review a lot of the contracts. He asked Commissioner Penserga if he reviewed the resolution because he believes Exhibit D has the repurchase for the City to get back the land. Commissioner Penserga stated for $100 dollars he looked through the contracts and would not be making these comments if he did not do his homework. The contracts were approved in March of 2018. Later that year in December, that was the options agreement 22 Meeting Minutes City Commission Boynton Beach, FL June 15, 2021 which is not the same thing as a reverter. That was terminated in December of 2018. He asked the Commission if they were informed about a reverter clause and if it was a conscious decision not to have one. He asked who made that decision and if the Commission was presented information to justify terminating the options agreement. He added that he has seen the signatures and we cannot buy it back. Let's learn from our mistakes. Mayor Grant inquired if the City Attorney had an answer to the question why was there no revert clause. City Attorney Cherof responded that is a complex question that he is prepared to answer, but did not think this is the right forum to do that. He said he had several conversations regarding this issue. If Commissioner Penserga has questions about them, he would be more than happy to spend more than 15 minutes going through that set of documents with him and the entire transaction. To reach the conclusion there should be different format is a complex issue. Every document this City is bound by came before the City Commission for approval. He explained he was referring to the development agreements and all the component parts of the development agreement. Embedded in those documents was the authority for the Mayor to sign other documents to facilitate the project as it moved forward. He said he was more than happy to talk to the Commission collectively about that. If you want to set a workshop to have that discussion. Plan on spending three hours with me to do that. It is not a simple transaction that can be discussed on the fly at a Commission meeting when it is not on the agenda. Mayor Grant commented he appreciated that answer and that is something we will discuss on future agenda. City Manager LaVerriere stated that she would like to respond to Commissioner Penserga's remarks on this issue. There was no action taken on this project in terms of agreements or modifications to any documents without the Commission being fully aware of it, voting on it and being informed. Just want to make that clear for the public. Nothing happening in the back room. This is an extremely complex transaction with probably over 40 agreements and documents that had to be executed. Whether the Commission recalls or even completely understands that in one second how everything came together, she cannot even say she could verbalize it again because it is so complex. But the City broke it down piece by piece over a year. Multiple attorneys, multiple meetings. We will sit down and go over it and it will take hours; happy to do that. She said she does not think the City made a mistake. Could we look back and do things maybe a little differently here and there? This is a P-3 transaction. It is not a standard let's do an RFP on this, the City is going to make an agreement with you, build that building, have a nice day. This is very different much more complex and more risks. We had those discussions with the Commission about additional risks as well. Staff will spend all the time that is needed with the Commission to go through this, refresh memories and help Commissioner Penserga understand because he was not on the Commission then. Any time you need, we are more than happy to do that. 23 Meeting Minutes City Commission Boynton Beach, FL June 15, 2021 Vice Mayor Hay stated he was not on the dais at that time. He does recall sitting in the audience and he never heard anything about a reverter clause. Going forward, the fact that this will become before the Commission with other projects, maybe the City Attorney can give us a reader's digest version we can operate on. He said he believes in staff and knows that staff would not intentionally misdirect the Commission. It is up to us as Commissioners to understand this better. It is obvious at this stage that the Commission does not understand enough about how and when to use a reverter clause. If the City Attorney cannot do this in less than four hours, maybe it can be done in two workshops. We need to have a conversation so the Commission as the governing body and the leaders of this City make the right decision so we do not end up here again. It is in order to have that workshop. Mayor Grant stated that he agrees with everybody. We are trying to see what mistakes were made. The main thing we have is we requested a private developer to build a parking garage. If the City ended up funding the parking garage, we would not have to worry about this. 11. New Business A. Commissioner Penserga requested information regarding economic development incentive programs offered by other cities throughout the County. David Scott and John Durgan will present the findings from a survey of regional redevelopment and business incentive programs. (Tabled from the June 1, 2021 City Commission Meeting.) Vice Mayor Hay moved to remove the item from the table. Commissioner Penserga seconded the motion. The motion passed unanimously. John Durgan, Economic Development Manager, gave a presentation on the findings from a survey of regional development and business incentive programs. Mayor Grant thanked Mr. Durgan for the very detailed presentation. He said one of the things he mentioned to Mr. Scott, is that the Commission likes pictures too, do not forget about those. We like those tall buildings. Examples of what other cities are doing. Especially if you are talking about the streetscape. Give us an example of what they did. That speaks thousands of words. He explained that the other thing being part of the economic legislative policy committee, he is trying to find ways the state can help the City with our economic development. The county has their BDB where they receive most of their funding from the state. We do not get any of that trickle down mostly unless there is a big commercial space. He asked how do we get that built? Or ways to do that on a small scale like we have with our build out grants? We are not asking the state for the money first but for reimbursement for the economic development to help grow those businesses. Commissioner Penserga stated that the intention for this item was for the Commission to 24 Meeting Minutes City Commission Boynton Beach, FL June 15, 2021 explore the different possibilities and gauge how much the Commission is willing to support this. The City has great residential communities but lacks in having an industry. The City wants to attract companies that bring high paying jobs. When the Commission discussed housing, he was concerned about how low the median income was. What are we doing to attract companies? Now, that was an awesome presentation. He said, Mr. Scott, I know you have been working really hard behind the scenes. You mention that expedited development review process, numerous cities have that now. The City needs to gain a competitive edge as the City competes to bring in opportunities. These companies are coming in to Palm Beach County and going to Boca and West Palm. The City is coming from behind, and the median income is very low. We do not have any major industries. The City has Bethesda, Waste Management and the school district. We need more. The City is coming from so far behind that we need to be aggressive to catch up. The City is turning into a giant bedroom community. He wants to bring jobs closer, not just housing. Would the Commission like to proceed? Mayor Grant stated that the issue is the land. The City does not have the land and the City cannot tell property owners what to do. He said he had spoken with delegates from JKM and they are willing to use northern parcel for this. However, the City would have to help incentivize them. He does not know where that goes in your previous comments. He does not know where the CRA is with their land and other properties that have our core business development. He is in favor of doing whatever my role as Mayor or Board Chair of the CRA to help incentivize businesses, more than residential. He feels the City has the residential, the City is missing that commercial aspect. He is in favor of helping any property owner seeking assistance for commercial for the incentivize. In addition, he met with Palm Beach State regarding their apprenticeship program and shared that information with the City and CRA staff so that as part of any incentives that the City is getting a community passage agreement that the City is not only having a career fair that we can have a career education so that before we have the career fair, we can make sure that residents have the requisite training to get those jobs because the last time we had the career for Town Square, the City did not have a good ratio of people hired out of people applying. Commissioner Hay commented that he would like to see the City move forward in accomplishing those goals. In his research and talking with people, they are looking for office space. The City may need to take a closer look at going up. The City just does not have the land. If the City plans to go that route, the City has to explore different methodologies of achieving that. Like going up and that has always been an uphill battle with many people. It is certainly worth talking about. Maybe there are some other ideas out there the City has not explored. Commissioner Romelus stated that she is definitely on board with all this. Honestly, the City has been doing their part and putting out the best possible resources for our small businesses community to continue to thrive here. Anything else we can add to augment that is definitely invited. The City is already on the right path and needs to keep going. 25 Meeting Minutes City Commission Boynton Beach, FL June 15, 2021 B. Discussion regarding intended use for Historic Woman's Club of Boynton Beach. City Manager LaVerriere commented that she wanted to provide the Commission with an update on the item and have a discussion on the Florida Surfing Museum utilizing space in the Women's Club. She has discussed with the Commission about what we want to see in terms of programming and revenues. Staff met with Mr. Warnke and got a good grasp on what their needs are and what staff has agreed to. Staff needs to start talking to experts in the event planning industry. How does the Women's Club fair and what does the City need to do to enhance the attractiveness? Does the kitchen have the facilities to have a certain event with a certain capacity? Also, how will it affect our programming with sharing the space with a non-profit. Staff is gathering that information now. Staff has had five or six tours and discussions with vendors to give the City details on what the market can stand and the types of events we can do there. The Cultural Center is more of a recreation facility that will have revenue producing events. The City sees the first floor as community programming for recreation and the upstairs can be rented to hold nice events. Historic Women's Club is different, it is on the national register and just an absolutely phenomenal building. The City wants to maximize that. She said she did not want to limit the ideas to just what our staff recommends. Staff is planning on bringing to the Commission on July 20th an overall assessment of what the possibilities are. Mayor Grant inquired about the parking. City Manager LaVerriere responded that the valet is not an issue. Utilizing our parking lot across the street has not been a detriment. Mayor Grant stated that his aspect is that he knows what that building cost. He knows how much money the CRA put into it as well. He feels like there has to be that aspect that if people want to use it for a yoga studio and gatherings like the historical society, the women's club that used to meet there can use it on a reasonable basis. My whole goal regarding the Florida Surfing Museum is that it is attraction and something that can be done quickly. The kitchen needs to be updated, the City has at least a three-year window of upgrades with the CRA's funding that we would hopefully try to offer those three years to five years to the Florida Surfing Museum. Museums are one of those things that during the pandemic brought a lot of people out of their houses in a safe place. He will ask Mr. Warnke how did he fare this past year? Was the Museum closed? Was he able to still operate and function and not go into the red? He feels that the City should move forward with the Florida Surfing Museum. He does believe that they have the letter of intent. Does the City follow the CRA process, that if the City receives a letter of intent the City does not have to do an RFP if it is publicly noticed? Assistant City Attorney Bridgeman replied she does not think it would be the same process. City Manager LaVerriere stated that is one of the things staff is going to look at and bring 26 Meeting Minutes City Commission Boynton Beach, FL June 15, 2021 back to the Commission. Do we want to contract out the operations of facility for people that can market it more directly into the industries we want to attract? We have to have that discussion as a group what are your visions and desires for the building? What is it going to cost to run it? Number one remark so far is this is the best kept secret in Palm Beach County by several event planners which tells us we need to get the word out better. Commission Katz remarked that he supports what staff is recommending, bring back a broader, professional look at what space could be, because he thinks the City Manager summed it up, whenever we referred to it, it defaults to a wedding or some other common event because we just do not know the scope of what type of events can take place and what that venue can be availed for. He stated he does not support any sort of agreement with anybody that would monopolize the space. He remembers a couple years back, there was a theater group that revealed by use of space means to monopolize it for the year and during the wintertime that is obviously the most populated time down here. The City got turned off from the idea of monopolizing the space for one entity because it would deprive the public a chance to use the space or other interested parties from renting it or utilizing it as the Mayor said, whether it is yoga, the Historic Society or the Women's Club. He is open minded to a professional analysis of what potential of the building is. You mentioned three-or five-year deal, if you could elaborate on what you mean by that. If it means the Surf Museum would be in the building 12 months a year for three to five years, that to him is kind of going in a direction he would not want to go with, it is monopolizing the space. Vice Mayor Hay stated that he is anticipating the City Manager's report, because right now he does not see the value with the water surfing museum there. He does not know how much square footage they would be looking for. That needs to be known. Whether they want to be on the first floor and second floor. He does not want someone monopolizing the building. The City did spend a lot of money revamping the building and modernizing it. Having surfboards all over the place is not a vision that is profitable for the City. When do you plan on bringing back your next report? City Manager LaVerriere responded July 20th Staff is reaching out to one more person. Mr. Warnke gave staff names of people to speak with, who staff is reaching out to now. Vice Mayor Hay commented that he will reserve his comments for the second meeting in July. He does have some concerns. Mayor Grant stated that the City has another national historic registered building, and The Children's School House Museum. The City let that be monopolized as a museum. He does not believe that the Florida Surfing Museum wanted to monopolize the space. They do want to hold events. To have a daily function for the building is something he feels is very important because the City wants to make sure the building is used, rather than just on the weekends or three days a week if the City is lucky versus trying to get it seven days a week. 27 Meeting Minutes City Commission Boynton Beach, FL June 15, 2021 Vice Mayor Hay stated that the Children Museum is not financially sustaining itself. The City is still having to put money into. At some point we need to take a look and not bog ourselves down with another nonprofit. That is why he wants to wait until the City Manager's report comes back to give him the options. The Children's Museum is not self- sustaining when it comes to financing itself. At what point do we cut it off? At some point we have to say the City cannot go further than this. There has to be another route. There has to another option. Mayor Grant commented that he understands the monetary concern. It is the educational aspect for our youth. It is the business aspect of attracting people to our City who have a surfing background. The story of surfing in Palm Beach County is one to be told. It involves the court and judicial system where they were discriminated against. Since he has visited the Florida Surfing Museum, he has a different opinion, perception. Vice Mayor Hay stated that it is cost benefit analysis is where he is coming from right now. He understands what Mayor Grant is saying and he agrees with him. Mayor Grant remarked that he does not have much time left but he would never say to get rid of that Children's School House Museum. City Manager LaVerriere stated that the Children's School House Museum just received a $100,000-dollar grant. There was a competition with Spady Cultural Heritage Museum and the City's Children's School House Museum received the grant, that is amazing. Commissioner Katz stated that he supports bringing the surf museum to the City and trying to find space and utilizing it. There is a unique experience that could be offered. It would be an attraction and it could bring people in and foster events that could be unique. He wants to make sure any sort of potential agreement for that space would ensure that it could be utilized completely by other entities whether it was local clubs like the Mayor mentioned or events or conferences, whatever else we find out could go in there. He is not opposed to the surf museum occupying space for a period of time. He would not want them to be in there, or anybody for that matter, and impact the ability for other entities to use it as they saw fit and not have it encumbered by other things that are there for another purpose. Just like the theater group, he would have loved if they stuck around maybe a month here, a month there, certain days here, certain days there. They wanted the entire winter. This is a deal where the surf museum needs the space on a weekly basis all year where that would impede potential rental opportunities or utilization from other groups, there is bound to be a compromise in there. He wants to make sure we do not restrict the space so much it becomes only the surf museum. When the City purchased the building and restored the building, he had the idea of it being an event space. Vice Mayor Hay commented that he agrees with what is being said, yet he still has his doubts. If it is so great, the Florida Surfing Museum, why are they trying to leave where they are? He would think the city would be trying to keep them if they are that great. You do not have to answer that now but include those kinds of things in your report when it is 28 Meeting Minutes City Commission Boynton Beach, FL June 15, 2021 brought back. He would just like to have what is the rational and what is going on here. Mr. Warnke stated that he did a PowerPoint presentation for the Recreation and Parks Advisory Board, which cleared up a lot of what the Commission has been asking. The plan that Museum visualizes is to not encumber any special events in the Women's Club building. Our Museum setup can fill the whole upstairs and convertible to be moved out completely to the corner of the room or possibly a small storage room so that room could be an empty canvas for somebody that has a wedding, for instance, that is not compatible with the tropical, Hawaiian feel. On the other hand, the wedding planners that the City Manager's Office may be speaking to could easily say we are going to be able to book more weddings in that building because it is a Hawaiian tropical feel, especially the receptions. The upstairs should be a convertible space and we are prepared to do that. We have display walls on wheels that are museum quality that can be moved easily. Our surfboards are on vertical stands. You pick up the board, the stand goes with it. They are not attached to the walls. Even the storyboard panels we have are on two hooks, easy to move. Our plan from the beginning has been to accommodate all weddings, all other special events and even provide a big number of special events that we produced over the years. We want to work with the City. If we have a small area downstairs for a permanent museum and the upstairs is convertible, we have also got the foyers and stairways with big empty walls. We hope to produce with a cultural council grant storyboard panels about the building, the Women's Club as a club, about the Historical Society and Boynton Beach the gateway to the gulf stream. That is the type of concept that we have. If you look at the PowerPoint that he did, that will be great. He will also have one on July 20th if you would like me to review it and make it more concise. C. Presentation from Public Art Manager, Glenn Weiss, on proposed direction for a new Mural Program. Glenn Weiss, Public Art Manager, gave a presentation on proposed direction for a new Mural Program. Vice Mayor Hay stated that he has seen what murals can do for a city. For a while Gainesville was covered in graffiti. Gainesville placed murals on the walls and buildings and it made such a difference. He is all for this program, it is part of the branding for our City. It will make us unique in a different way. He looks forward to it. He is happy to say that the murals that the City has up have not been vandalized in any way, so there is something to be said there. Thank you. Mayor Grant remarked that he would also be in favor of having a mural ordinance so that the City can continue this. Commissioner Penserga commented that Mr. Weiss did a great job, he covered all the bases and why murals are powerful. Vice mayor Hay, the reason why they are not getting vandalized is because that is the community taking ownership. The beautiful thing about murals it is something a community can be part of. H has great appreciation for the kinetic 29 Meeting Minutes City Commission Boynton Beach, FL June 15, 2021 art program that the City has here. The attractive component is this community participation that drives pride for your community and ownership. The people that you look up to, your heroes are on that mural that is the selling point. People are going to love where they live even more. Vice Mayor Hay state that the mural that is on the basketball court on MLK Boulevard was done by one of our young youth at the time. He did an outstanding job. Commissioner Katz stated he is not an artist. He does not have particular views about art, although a lot of people do, especially artists. He has developed a philosophy a couple of years ago that public art is not just art in public spaces, it is art for the public. Sometimes he sees public art lose its way where people think public art is so we can turn everyone into an art aficionado and people frown upon the cliché public art. But what you talked about taking pictures in front of public art, having public arts that demands people to come and look at it and interact with it, that to me is of great value. He does not want art in public spaces, he wants art that the public will appreciate and come to the City to take these unique pictures like people have been doing outside of City Hall for the past couple of months. He likes everything Mr. Weiss has presented. He has been an advocate for years of public art that caters to the people in the community. They want to enjoy the art without being told they have to appreciate it. Mr. Weiss stated he definitely understands 100% what Commissioner Katz is saying. Commissioner Penserga clarified that the direction the Commission is giving is for staff to bring forward an ordinance. Mayor Grant replied yes. City Manage LaVerriere inquired what the first step was going to be, work on the ordinance or potential language for the LDR. Mr. Weiss responded that is a complicated a question. City Manager LaVerriere commented she will get with staff and figure out what needs to be done. Mr. Weiss suggested that the LDR language be done the same time as the ordinance 12. Legal A. Proposed Resolution No. R21-062 -Authorize the Mayor to sign an Easement Agreement with Palm Beach County Board of County Commissioners to allow construction access and staging in designated area at Oceanfront Park for Ocean Ridge Shore Protection Projects and the South Lake Worth Inlet Maintenance Dredging Projects. 30 Meeting Minutes City Commission Boynton Beach, FL June 15, 2021 Andy Studt, Palm Beach County Department of Environmental Resources, stated that he manages the county's coastal resources program. He has worked successfully with staff onshore protection projects and dredging of the Oyer Park boat channel a number of years past. This agreement formalizes access to performance services. Mayor Grant inquired if this will affect sea turtles? Mr. Studt replied in a positive way. That is one of the great benefits for the shore protection to protect us from storms, which we know we are going to get. Not a matter of if but when. This will provide an environmental habitat for sea turtles, nesting shore birds. Provides recreational space for visitors alike and facilitates dredging of the boat channel at Oyer Park for boater access. Vice Mayor Hay moved to approve Resolution No. R21-062. Commissioner Romelus seconded the motion. The motion passed unanimously. B. Proposed Ordinance No. 21-020 - First Reading - Approval of Ordinance creating Monument Policy for the City. Assistant City Attorney Bridgeman read Proposed Ordinance No. 21-020 by title only on First Reading. Mayor Grant inquired how does the combating public disorder bill that was passed on July 1st affect this Ordinance. He believes there is something that says you cannot take down a monument. Assistant Attorney Bridgeman responded yes, if the City were to decide something is a monument, the new legislation would apply. Mayor Grant inquired does the City have the ability to remove monuments if they so choose? Assistant Attorney Bridgeman replied yes. If the City follows the established process for approving, removing, et cetera. A lot of the genesis of the of the new legislation regarding existing monuments. That is where there would be more bureaucracy, with regard to anything new that comes up, that would be different because the City is putting a monument in place and the City would have the ability to remove the monument. Commissioner Penserga stated that he has many questions about the specifics of this, perhaps he should wait until others have asked their questions. Mayor Grant responded that Commission will let him go first. Commissioner Penserga commented let's begin with line 227. It says here monument 31 Meeting Minutes City Commission Boynton Beach, FL June 15, 2021 proposal has been through community outreach conducted by a group or person suggesting that to the City. It is vague what that process is. Somebody making a proposal could say, look, here is my survey and we are supposed to go with that. So that is just a little too weak. That needs to be clarified. Further down, section e, line 237, it talks about, well, this proposal, even if we agree to it, may have some backlash from the community. The community says I do not want it here if through the public outreach process the City Manager finds a proposed monument is a source of dissension or discord with the City, the City Manager will seek further direction from the rules committee. He was not sure who the rules committee is that would be arbiter of community dissension. He would like to start with community outreach. That is great, the City should have community outreach. What are the details of that and how will that work? Right now, it is entirely controlled by the person making a proposal. On the flip side we do not want to overwhelm staff with more work but we need community outreach to be reliable. Mayor Grant clarified that Commissioner Penserga wants a clear definition for what community outreach means. Commissioner Penserga replied yes and who should be performing that it is part of my questions. Mayor Grant asked Commissioner Penserga how would you define community outreach. Commissioner Penserga responded that Commission knows what community outreach is. What is the process. Does somebody need to do a survey, have a meeting? What does that mean actually? It is vague. Mayor Grant commented that in order qualify for an election 25 petitions are required. This is where the City has the ability to not just have someone reach out to 25 members of the community but to state publicly, their intention for the monument. Basically, put it on record at Commission Meeting. After 30 days the City tallies all of the information. That way we can verify community outreach that there has been public record of a statement for the monument and that we are privy of how the community feels about the monument and the City can go from there. Commissioner Penserga stated that line 98 says the City shall not place monuments on City property which have the purpose of promoting, favoring or inhibiting any religion. The portion that caught my attention was the second half, or which would appear to a reasonable person. He is not sure what the is a legal definition of reasonable person is. Who defines a reasonable person to make a claim it promotes a religion and therefore it cannot be had. Mayor Grant inquired does that mean the City is not allowed to put up a Christmas tree because it is temporary. Assistant City Attorney Bridgeman replied that there is a distinction between holiday 32 Meeting Minutes City Commission Boynton Beach, FL June 15, 2021 decorations which are temporary and permanent monuments. City Attorney Cherof stated that the Supreme Court of the United States has determined that the Christmas tree is a secular object and not a religious object. Mayor Grant stated that is good to know. He does agree there is a lot of religious symbolism out there. It is kind of saying no crosses, no stars of David, no religious items as part of the City's monument program, that it is strictly based upon other meanings. Not to say we cannot put a monument to a religious person for the activities and contributions to the community. However, religious symbols are not to be included. Commissioner Penserga inquired what does it mean to be a reasonable person? What is the definition of that? Assistant City Attorney Bridgeman responded that is a legal standard of reasonableness. There is not a list of things we would include in the ordinance, but if someone were to make a claim. Mayor Grant stated say the symbol was a triangle. A reasonable person says, no, there is no religion associated with the triangle. However, a reasonable person would associate the "T" for cross or six-sided star is with a religion. Assistant City Attorney Bridgeman commented using the triangle as an example, if someone were to say, that triangle is promoting religion, to my knowledge there is no religion that is connected to a triangle, so that would be an unreasonable connection of the triangle to a religion. Commissioner Penserga inquired can reasonable person be substituted with common knowledge; would that be the same thing? Assistant City Attorney Bridgeman replied no, it is not the same thing. Mayor Grant commented we are all reasonable people on the dais, right? Assistant City Attorney Bridgeman clarified that the language is saying someone cannot show up and say I think that is religious, you need to take it down. City Manager LaVerriere inquired does the City want to further define language of what that outreach looks like? Do you have to have 50% of the community or surveys? Mayor Grant commented it would be a public notice similar to what the City does for construction, where you have it publicized at a meeting. He thinks it is probably the best way that any sort of project the City does that requires public notice, community outreach would be defined as that. 33 Meeting Minutes City Commission Boynton Beach, FL June 15, 2021 City Manager LaVerriere explained it would include mailing a letter to each home. Mayor Grant added using the current radius that is stated in the City Ordinance. City Attorney Cherof replied that this Ordinance is before the Commission for the first time not having been reviewed as a preliminary discussion stage. Some of the provisions and clauses are provisions that he wrote based upon reviewing several dozen monument ordinances from around the country, including ones that have now resulted in problematic situations. The tearing down of monuments, you can go back and look at what did the ordinance look like that gave rise to that in the first place. His point is, he thought he was trying to make it in the introduction to the ordinance itself was to remind the Commission that societal standards and points of view change over time. But with respect to more specific terms, like community input or something of that nature. He has to look to the Commission to determine what the scope of that review would be like and how that would be conducted. He viewed it as an administrative function. The administration would decide how broad a group of people or organizations would be contacted for their input based on the particular subject matter of the monument at hand. He knows this sounds ridiculous but obviously not all monuments are created equally. You have a small 1 by 2- foot monument in one place. You could have a 40-foot monument in another place. He would think community review and outreach would be different in those two circumstances. But he looks to the Commission to help us to figure out what that definition looks like. Vice Mayor Hay stated that he has some questions. On line 53 it says societal appropriateness evolves and changes over time. A monument deemed appropriate when approved may be inappropriate at some time in the future. When the City Commission finds a monument or any part thereof is inappropriate, the monument should be removed or the inappropriate portion thereof modified. Should the City have a time constraint? If we put up a monument and let's say a new Commission or we decide ourselves to take it down the next month, there is no time limit there. Mayor Grant responded that the issue is if it is a City funded thing, it is well within our preview. However, if it is a privately funded monument, then there may be caveats with the funding aspect of it. Vice Mayor Hay stated that we as a city should not be funding putting up a monument unless it is initiated by the City. If another entity is putting this monument up and they come to the City Commission, they ought to have the funding to construct that monument as well as a plan of maintaining the monument and not let that be another burden on the City. The ordinance states a monument administrator. The Commission will have to talk about that. It would be the administrator's job to do the legwork, and then bring it to the City Manager and finally brought to the Commission for ruling on it. He thought that is what that is intended to be? City Attorney Cherof replied that is correct. The administrator would be somebody that 34 Meeting Minutes City Commission Boynton Beach, FL June 15, 2021 works at the administrative level of the City, appointed by the City Manager or hired for that particular purpose when funded by the City Commission. With respect to the maintenance issue, Vice Mayor, that is addressed in the sections that begin around line 260, that whenever there is the proposal for a monument, there should be a commitment to and the identification of variable funding sources for it. There is some language in there regarding recognizing that monuments have to be maintained over a period of time including line 275 the fact that you may require a maintenance agreement to be entered into so that the City does not have to absorb the cost of it as well. Back to one of your original comments about a monument that goes up tomorrow, how long does it have to stay up there before the Commission can change its mind and take it down. If you have a monument that is dedicated to some historic figure from the City's past and you do a monument to that person. Research reveals next week that person was engaged in any kind of inappropriate conduct or advanced inappropriate ideas by today's standards, you would not want to keep that monument up any longer than it takes the Commission to vote on taking it down. We do not know about everybody's history when we choose to honor them with monuments or statues of that particular nature. That is what that introductory language is intended to reflect upon the issues regarding monuments over the last three or four years around the country, referring to civil war heroes, quote, unquote. Vice Mayor Hay stated that line 18 talks about opposed monument that has been rejected may be resubmitted for a period of three years. Is that the norm around the country? City Attorney Cherof replied he would not say it is the norm. He did find time standards for renewal. Some were longer than that and some were shorter. Line 185, the three years was a number he plugged in for discussion purposes. Vice Mayor Hay inquired should there be anything in in the ordinance about the monument withstanding a hurricane. Commissioner Penserga replied that lines 207 and 208, states monument must be made of durable materials, must withstand the elements, minimum of 50 years. Vice Mayor Hay commented line 58 says that monuments should not displace the intended function. When he looks at the recreation of social parks and we want to put something totally unrelated to the overall intent of the building of that park that is for softball, baseball, volleyball, picnics, those kinds of things. City Attorney Cherof replied that is exactly right. That is what is intended at line 258. Your example is good. Baseball. A park with three or four baseball areas or soccer fields on them to decide to displace one of those fields or part of a field making it unusable with a monument would be inconsistent with the original intent of previous City Commissioners to designate an area park area or to have it dedicated by a developer for that matter. Vice Mayor Hay stated that on line 304 it talks about the property owners adjacent to the location of the proposed memorial plaque has been consulted on the placement of the 35 Meeting Minutes City Commission Boynton Beach, FL June 15, 2021 memorial. Is that within a certain footage from the location in question, like 300 feet? City Attorney stated that it might be benefited by putting a distance requirement or it could be sight line issue as well. You could have an adjacent property owner in a residential structure, seven, eight stories high that look out over a particular plaque or monument. It could vary from circumstance to circumstance. Vice Mayor Hay you are on the right path there. He thinks the City would benefit from site or distance criteria related to it. We could work on better language there. Commissioner Katz stated that he has a couple of questions and some thoughts. First, because all of this is wildly subjective, there is no correct or incorrect way to proceed. As He thinks the City Attorney pointed out, these ordinances are impossible to craft in a way that they work out perfectly because people will find ways to work with existing language to still put things out there or try to put things out there that may cause controversy or offend this group or that group. He does not want to vote on this tonight because each of us have raised a number of questions, or at least those who have spoken, that he has not thought about or he has his own set of questions. Since there literally could be 100 lines in this that we change individually based on all of our own input and experience, he does not want to feel compelled that this is on the agenda. It is the first reading, we must adopt this. It is supremely subjective no matter what we do there is going to be unintended consequences where people try to put things in places that get rejected. A couple other things that came up. He does agree with Vice Mayor Hay that the idea that people would present monuments to us absent of funding and for the City to consider funding. He just does not want to fund things that people egregiously would not want to pay for. He has concern about the duration of these monuments. He envisioned the monuments being temporary, whether a month, six months or a year. He does not know how comfortable he is with the idea that the City over time will be erecting and accumulating monument after monument. There is no duration or no automatic duration that would require review every year or every six months. If it is approved the monument is up until the board would take it down. Assistant City Attorney Bridgeman asked if the suggestion was possibly a periodic review by staff. Commissioner Katz responded yes, he does not want permanent monuments, he wants this to be an attraction and rotate the monuments and the Commission could under this scenario keep reauthorizing it. He does not like the idea that an applicant is able to erect a monument where they want and now that spot is theirs forever. That might lead to an accumulation how many monuments do we put up. He likes the idea of Public art it specifically defines spaces for specific amounts of time based on the showing length, whatever is determined by the Art Board. It allows for change and allows for the public to weigh and if they do not like the art it is gone in a year because the art display ended its time frame. The other question he had, is there anything in the Ordinance that defines an applicant as a resident of the City? 36 Meeting Minutes City Commission Boynton Beach, FL June 15, 2021 City Attorney Cherof responded that is not in there. Commissioner Katz stated that if you do not live in the City of Boynton beach, you should not be allowed to propose a monument. He does not like the idea that like literally somebody from Texas or New Jersey could come down here for vacation for a month and propose a monument. to the Mayor's point in referencing qualifying for the ballot in reference to what Commissioner Penserga said about what is community outreach or what metrics might define that you have done checked your boxes. He does think there needs to be qualifications for who applies and again whether that is resident and lived in the City for a year. He thinks that juxtaposition begs the question that maybe the criteria for qualifying to run for office is often extremely low in any given City, the 25 signatures, so if we are requiring signatures of residents in the City, he does not know how easily that could be verified if it was registered voters in the City. Then he does not want to discriminate if you are not registered to vote and you are a resident and you do not get to sign off and support this. He definitely does not want to vote on it tonight to initiate the second reading. He is not 100% sold on the concept at all because there is so many variables and so many subjective aspects to it. He pointed out that the entire genesis of this Ordinance was one group came to the Commission and wanted to put up a monument or structure. He does not know if the potential negative consequences of opening up free speech by way of monument across the City in public parks is worth it. In the five years he has been a Commissioner, he has never heard a single resident say we need more monuments. There is a provision that says it should not detract from the nature of the space and should not inhibit the use of the space. So, for instance, we have the dog park in Renaissance Commons area that is dedicated to Officer Crowder. What if somebody wants to put something up there that is critical of law enforcement? He does not know if opening this can of worms is going to produce more benefit or more cost. And that cost is not monetary exactly. You see around the country the division on every topic, everything is political. He worries this opens a can of worms. It requires more thought. It will never be perfect. He does not want to rush into it. Once you do it, you never know what is going to come out of the woodwork. Mayor Grant commented he was born in D.C. there are a lot of monuments there that are on government property. He does agree with Commissioner Katz that he does not think the Commission should vote on this because there is too much of the language we are changing and he does believe the Commission is not going to get the red line copy. He requested a tabling of the Ordinance to the second meeting in July. For the red line copy of all the comments we have made. The Commission did mention the line numbers that should help staff make those changes. Mayor Grant inquired if Commissioner Romelus would like to comment. Commissioner Romelus responded no, she has been listening to everybody's comments. It is clear it is not ready for the Commission to really look at it tonight. Let's hear from the public as well in terms of what they want to see. 37 Meeting Minutes City Commission Boynton Beach, FL June 15, 2021 City Attorney Cherof requested that if the Commissioners have comments or thoughts about the document, to send an email to the Attorney's Office. This is before you for the first time. It reflects my drafting based upon my research but not your individual and collective point of view. Motion Commissioner Penserga moved to table Ordinance No. 21-020 to the July 20th Commission Meeting. Vice Mayor Hay seconded the motion. The motion passed unanimously. C. Proposed Ordinance No. 21-022 - First Reading - Amend the Land Development Regulations, Chapter 3, Article IV, Zoning, Section 3.D. Table 3-28, Foot note #103 regarding Landscape Debris Stockpiling use, to add a minimum distance separation standard and amend certain existing operational requirements and standards to avoid hazards, nuisances, and other impactson residential land uses. City initiated. Assistant City Attorney Bridgeman read Proposed Ordinance No. 21-022 by title only on First Reading. Mike Rumpf, gave a summary on the amendments to Land Development Regulations, Chapter 3, Article IV, Zoning Section 3.D. Table 3-28. Mayor Grant inquired it the property owner would still have the use. Mr. Rumpf replied yes, these new zoning regulations that are introduced into the code subsequent to a business being approved normally do not apply to that business. All subsequent businesses come into approval. So as long as this use maintains standing, these new regulations do not apply. There is a clause which does give the city the ability to revoke or not allow for renewal of business licenses based upon violation records. It is not as specific as this wording is. That is another reason we are keeping such a log and looking at what additional time it is taking and opportunity cost to be constantly visiting this use because of non-violation even health hazard or fire hazard of it versus what else they can be doing. Might be something that can come into play if the violations continue. Mayor Grant inquired would continual violations be under chronic nuisance abatement ordinance or does it not fall under that? Mr. Rumpf replied the latter, that type of violation would not fall under this ordinance. Commissioner Katz inquired that existing businesses operating in this manner do not have to comply with the new changes. But persistent violations would allow the City to revoke their ability to operate and if we chose to reissue that ability the business is subject to the new rules. 38 Meeting Minutes City Commission Boynton Beach, FL June 15, 2021 Mr. Rumpf responded he believed so. Commissioner Katz moved to approve Ordinance No. 21-022. Commissioner Romelus seconded the motion. Vote City Clerk Gibson called the roll. The vote was 5-0. D. Approval of request for a private attorney-client session of the City Commission to discuss pending litigation in the following case: RONALD RYAN, Plaintiff, vs. CITY OF BOYNTON BEACH, FLORIDA, a local municipality,Defendant — Palm Beach County Circuit Court Case Number: 502016CA007514-XXXX-MB Assistant City Attorney Bridgeman stated that the Florida Statute requires her to request closed sessions with the Commission publicly, which she is doing tonight. There was a Commission consensus to have the attorney client session on July 6th at 4:30. 13. Future Agenda Items A. Staff to present Resolution adding reversionary language to Planning and Zoning applications. - July 6, 2021 B. 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 C. Staff to provide an update on the American Rescue Plan - July 6, 2021 D. Update from staff on Head Start lease options - July 6, 2021 E. State Representative Emily Slosberg to provide an update on the 2021 Florida LegislativeSession. - July 20, 2021 F. Approval of Lease Agreements for City Hall Innovation Space and Cafes Operators - July 20,2021 G. Discussion on funding for expanding Wi-Fi to City parks. - Will be presented during BudgetWorkshops Mayor Grant requested the Commission to direct staff to come back to us with other municipalities general obligation and revenue bonds may have issued for parks and recreation and/or parking. 39 Meeting Minutes City Commission Boynton Beach, FL June 15, 2021 Commissioner Katz inquired would this be voter approved? Mayor Grant replied yes. This is informational and he would like to have a discussion on the March 2022 election. He feels that the City does not need to have the same precincts the county supervisor of elections has. If we have three or four per district, he thinks it is more important to have the early voting space to allow for the mail in ballot drop off within the city limits. Commissioner Katz inquired that this would reduce the number of polling places within the City. Mayor Grant responded yes and to have early voting location for the weekend before. Commissioner Katz commented that he does not know if he wants to do that. Mayor Grant inquired do you want to have the 26. Commissioner Katz stated he would not be supportive of a scenario that reduced the polling sites. Mayor Grant clarified that he is not saying the City is reducing the precincts. Certain precincts could be grouped together instead of having 26 precincts and 20 polling locations to have it closer to 12 polling locations where you have three bigger precincts that are in government buildings rather than all the different schools and churches and non-profit organizations. It is more of a City election at City facilities rather than trying to spend all the funding to make sure we have the same the same locations as the County. We receive a lot less ballots. Commissioner Romelus commented she would be cautious as well especially given that 2022 is going to be a major election year as well. She knows that the Commission is talking about the municipal March election. But if the City is minimizing locations and ramping back up for the election later on in the year in August. Going from 12 back to 20. You are going to confuse voters if the precincts are available at this election but not available at that election, it can get confusing. Mayor Grant stated that the City had no problem having the meeting in community room for the July budget hearing. He would like to see the proposal to see how much the City would save to have it at a certain number of locations at City facilities per district versus having it the same as the county. Commissioner Penserga inquired what is the problem. Mayor Grant responded that he would like to have early voting locations so residents have a place to drop off mail in ballots. They would go to West Palm Beach or Delray to drop 40 Meeting Minutes City Commission Boynton Beach, FL June 15, 2021 them off. In order to save those funds, there are precincts that have only 20 to 30 voters are we going to have a polling location up versus trying to group them together. Commissioner Romelus asked the Mayor to clarify if what he was saying is we do early voting and we only use certain locations for a two-week period and on election day, we have all of the regular precincts open. She said she was all for that. If the Mayor was saying on election day the City is changing precincts, that is where she would draw the line. She asked him if that was what he was saying. Mayor Grant replied that is exactly what he was saying. Because of the cost and the actual voter turnout, he would want to have early voting locations, period. That is the one thing he would like to have and the City will have to fund all the additional costs. Commissioner Romelus stated what he was proposing sounds like increasing access rather than decreasing it. If that is the case, she would support it. Commissioner Penserga commented it is too late in the evening. If there is a proposal, let's bring it back and discuss it. Vice Mayor Hay stated that there is nothing wrong with the way it is. It worked before. He made a motion to adjourn. Commissioner Katz seconded the motion. Commissioner Romelus requested to have this discussion added to future agenda. 14. Adjournment There being no further business, the meeting adjourned at 10:24 p.m. ATTEST: 414& Crytal Gibson, C City Clerk 41