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Minutes 08-17-21 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, August 17, 2021, at 4:00 P.M. Present: Mayor Steven B. Grant Lori LaVerriere, City Manager Vice Mayor Woodrow L. Hay James Cherof, City Attorney Commissioner Justin Katz Crystal Gibson, City Clerk Commissioner Christina L. Romelus 1. Openings A. Call to Order — Mayor Steven B. Grant Mayor Grant called the meeting to order at 4:00 p.m. B. Roll Call City Clerk Gibson called the roll. A quorum was present. Closed-door session on Tuesday, August 17, 2021, beginning at 4:00 p.m., for a private attorney-client session to discuss pending litigation case of: CITY OF BOYNTON BEACH, a Florida municipal corporation, Plaintiff, vs. JKM BTS CAPITAL, LLC., Defendant— Palm Beach County Circuit Court Case Number: 50-20200A012780-);XXX-MB Jim Cherof, City Attorney, 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 4:02 p.m. Mayor Grant reconvened the meeting at 5:57 p.m. Invocation by Pastor Amalie Ash, First Presbyterian Church The Invocation was given by Pastor Amalie Ash of First Presbyterian Church. Pledge of Allegiance to the Flag led by Mayor Grant Mayor Grant led the Pledge of Allegiance to the Flag. Meeting Minutes City Commission Boynton Beach, FL August 17, 2021 Agenda Approval: 1. Additions, Deletions, Corrections Proclamation for Women's Equality Day was added to the agenda as Item 3E. Lori LaVerriere, City Manager, requested to have Item 6E removed from the agenda. A correction was made: Item 6J was moved to Item 7D. 2. Adoption Motion Commissioner Katz moved to approve the agenda as amended. Commissioner Romelus seconded the motion. The motion passed unanimously. 2. Other A. Informational items by the Members of the City Commission. Commissioner Katz disclosed that he spoke to the representative from the firm that wants to purchase the property that the City owns next to Leisureville. Commissioner Romelus disclosed that she attended the Florida League of Cities Annual Conference in Orlando. It was a great opportunity to continue to learn and benefit from information to bring back to the City. In addition, she thanked the City, the City Manager, the Mayor and the Fire and Police Departments for their support for the individuals that were affected by the 7.2 earthquake in Haiti. Unfortunately, her family was affected as well. Three individuals from her family passed away and she is still waiting to hear from others. Fire Station 1 is a drop off location for medical supplies and a temporary shelter. Commissioner Penserga disclosed he attended the Florida League of Cities Annual Conference in Orlando. He also sends his condolences to Commissioner Romelus' family and to our Haitian neighbors and friends. Vice Mayor Hay disclosed that he attended the Florida League of Cities Annual Conference in Orlando. He stated that his church has already reached out to send supplies and goods in those in need in Haiti. Mayor Grant disclosed that on August 4th, he attended the YMCA student showcase and spoke with the teachers from Congress Middle School. He also attended the Police Department's one-year anniversary of the police station barbeque. On August 10th, he attended Michael Simon's, Director of Boynton Beach CRA, Celebration of Service. Mr. Simon was with the CRA for 13 years. He attended the Florida League of Cities Annual Conference in Orlando and spoke with vendors there. He spoke with Blue Duck regarding 2 Meeting Minutes City Commission Boynton Beach, FL August 17, 2021 a bike sharing program. On August 13th, he attended the opening session of Florida League of Cities Annual Conference and the Understanding and Fostering Racial Equity. On August 14th, he attended the VJ Day (Victory of Japan) at the Tom Kaiser USN Veterans Memorial Park. 3. Announcements, Community and Special Events and Presentations A. Proposed Resolution No. R21-100- Reaffirming the City of Boynton Beach's support ofCompany D, 2nd Battalion, 327th Infantry Regiment of the 101st Airborne Division Air Assault, a.k.a. "DELTA DEMONS". 1SGT Dustin Bell will attend our meeting virtually so we may introduce him and his unit to the CityCommission and formally welcome them back to Boynton Beach! 1SGT Dustin Bell, gave a brief history on the DELTA DEMONS. He stated that he will be in Boynton Beach for the September 11th weekend with the Color Guard. He looks forward to rekindling their relationship with the City. Mayor Grant stated that the City is here for the DELTA DEMONS and he looks forward to seeing 1SGT Bell in two weeks. 1SGT Bell commented let him know what he can bring with him in two weekends to help out with the Haiti mission. He will try to bring medical supplies and shelter items. Motion Commissioner Romelus moved to approve Proposed Resolution No. R21-100. Commissioner Penserga seconded the motion. The motion passed unanimously. B. Recognition of Jeff and Chris Hardin with Straticon Construction for the adaptive reuse and renovation of the Boynton Beach Arts & Cultural Center. City Manager LaVerriere, presented Jeff and Chris Hardin of Straticon with a thank you gift from the City for going above and beyond while renovating the Old High School. Jeff Hardin thanked the City for the gift. To be part of renovating the Old High School really means a lot and will be part of the Straticon legacy. Commissioner Romelus stated that renovating the Old High School was the unifying issue that brought the Commission together. The building is phenomenal. Straticon took a building that was trash and made it into the jewel it is today. City Manager LaVerriere commented that the building has won two awards already for the historic preservation effort. 3 Meeting Minutes City Commission Boynton Beach, FL August 17, 2021 Vice Mayor Hay stated job well done and back in 2007 he was the deciding vote to renovate the Old High School. They made the dream a reality and he thanked them. Mayor Hay commented that he remembers being at the old City Hall and the vote was three to two in favor of tearing down the building. One of the reasons he ran for Mayor was preserving the old high school. C. The City Commission Meeting originally scheduled for Tuesday, September 7, 2021 will be held on Wednesday, September 8, 2021 at 5:30 p.m. Budget Hearings to adopt the FY 2021/22 Budget Hearings will be held during the City Commission Meetings on Wednesday, September 8, 2021 at 5:30 p.m. and Tuesday, September21, 2021 at 5:30 p.m. in the City Commission Chambers. Mayor Grant announced the Budget Hearing dates and times. D. Announcement by Chelsea Sanabia, Marketing & Events Coordinator, regarding the 2021 "I Havea Dream" event. Chelsea Sanabia, Marketing and Events Coordinator, announced the "I Have a Dream" event. The event will be held on Saturday August 28th from 12 p.m. to 4 p.m. at Centennial Park and Amphitheater in Downtown Boynton. Student art work will be displayed for two weeks at the Arts and Cultural Center. The opening reception will be on Friday, August 27 from 5:30 p.m. to 6:30 p.m. The event will also include music and performances, children's activities, food vendors, Johnson and Johnson Covid 19 vaccines. This is a free community event. Parking is available in Town Square at the parking lot east of the Schoolhouse Children's Museum. In addition, free transportation will be available from Sara Sims Park. Dozens of volunteers are needed. Please visit www.Boynton-beach.orq/dream for more information. E. Proclaim August as Women's Equality Day. Angela Cruz, of the Women's League of Voters will be accepting the proclamation. Angela Cruz accepted the proclamation on behalf of the Women's League of Voters. She thanked the City for recognizing the 101 years of women's right to vote. She gave special recognition to Commissioner Romelus, the City Manager and the City Clerk for their service. 4. Public Audience Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of the Chair,this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Ernest Mignoli, 710 NE 7th Street, stated he is concerned with the 40-year recertification of building safety. The recertification of building safety is needed in Boynton Beach. He 4 Meeting Minutes City Commission Boynton Beach, FL August 17, 2021 currently lives in a building that is 42 years old and is located on the Intracoastal. The building constantly floods, and there are issues with the roof and walls. He requested that the City help with the building where he lives. There are 28 units and they need some help. City Manager LaVerriere stated that Mr. Temple, Director of Development, has spoken with the HOA, and the building has been cited. The City's Building Official has requested a structural report. Mr. Temple told her that the there is no imminent danger, but there are things that need to addressed and fixed. She asked Mr. Mignoli if he was aware that the City has looked at the building and that the Association has been in touch with the City's building official. Mr. Mignoli replied yes, the City did put up notices and the Association has torn them down. The Association is refusing to let the residents know what the citations were for. City Manager LaVerriere stated that City citations are public records and the City can share that information with him as it certainly is not private or confidential. She asked that Mr. Mignoli contact her tomorrow and she will get that information for him. 5. Administrative A. Approve the request of Vice Mayor Hay to distribute $1 ,450.00 of his Community Support Funds to the Boynton Beach Bulldogs football team. Mayor Grant requested a copy of the game schedule. City Manager LaVerriere stated Mr. Young should have the schedule available for him. They are playing the biggest game of the season this week. Vice Mayor Hay stated that the Bulldogs will be playing Delray Beach; he believes either Thursday or Saturday. City Manager LaVerriere commented that she will get the schedule out to the Commission first thing in the morning. Commissioner Penserga inquired if the vaccination bus will be on site during the game. City Manager LaVerriere replied that it will be at the "I Have a Dream" Event, she will reach out to them in the morning, yet she has a feeling it is too short notice for something that is in high demand. Motion Commissioner Katz moved to approve Vice Mayor Hay's request. Commissioner Romelus seconded the motion. The motion passed unanimously. 5 Meeting Minutes City Commission Boynton Beach, FL August 17, 2021 B. Appointment of eligible members of the community to serve in vacant positions on City advisory boards. Motion Vice Mayor Hay nominated London Nelson as a member to the Affordable Housing Advisory Committee. Commissioner Penserga seconded the motion. The motion passed unanimously. Commissioner Romelus inquired if the positions on the board need to be filled before activating. City Manager LaVerriere stated the board will be activated once there are enough members for a quorum. Commissioner Romelus requested a list of the positions that are available for the Affordable Housing Advisory Committee. Mara Frederiksen, Director of Finance, stated that staff is reaching out to previous members of the board that was in effect in 2011. Marketing is also working on a campaign. 6. Consent Agenda Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. Approve the one-year extension for RFPs/Bids and/or piggy-backs for the procurement of services and/or commodities under $100,000 as described in the written report for August 17, 2021 - "Request for Extensions and/or Piggybacks." B. Accept the written report to the Commission for purchases over $10,000 for the month of July2021 . C. Proposed Resolution No. R21-101 - Approve and authorize City Manager to sign an agreement with Track Star International, Inc. for the purchase of Track Star AVLS Shared Hosted Services and GPS Devices for the Police Department via sole source purchase in the amount of $43,045. D. Proposed Resolution No. R21-102 -Approve and authorize the City Manager to sign a Master Services Purchase Agreement with AXON Enterprise, Inc., for the purchase of equipment and services for the Axon Interview 6 Meeting Minutes City Commission Boynton Beach, FL August 17, 2021 software system in the amount of $70,851.39 which will be broken down into two phases. Phase 1 : $32,731 .00 Phase 2: $38,120.39 E. Proposed Resolution No. R21-103 -Approve and authorize the City Manager to sign an Interlocal Agreement for an EMS Grant to Boynton Beach Fire Rescue in an amount not to exceed $20,279.74 to reimburse the City for its purchase of Twenty-six (26) Microsoft Surface Tablets. Item was removed from the agenda. F. Authorize the Finance Department to reduce the allowance for uncollectible accounts and the account receivable accounts for Utility and Residential Solid Waste by $92,545.58. This amount consists of unpaid utility and solid waste billings, miscellaneous charges (late fees, penalties, service adjustments), taxes and other adjustments, that have been in collections from FY 17/18 and FY 18/19. Vice Mayor Hay pulled item. G. Authorize the Finance Department to reduce the allowance for uncollectible accounts and theaccount receivable accounts for Solid Waste Roll-offs and Commercial accounts by $44,687.03.The amount includes unpaid roll-off, special pickups, and compactors that have been in collectionsfrom FY 15/16 and FY 16/17. Vice Mayor Hay pulled item Vice Mayor Hay stated that he pulled these items to have them explained so that the general public understands what is happening and that the dollars are not totally lost. Ms. Frederiksen, commented that both of these items are write-offs of accounts that are already sitting in uncollectable balances. There is no effect on the financial statement. If the residents or users of these write-offs come back to the City and use these services they would have to pay the outstanding debt. She would like to commend staff for working diligently on reducing the write-off amounts. Vice Mayor Hay stated that the success of this program is phenomenal. City Manager LaVerriere commented the new process has been in place for a couple of years and has really help the City and the residents. Commissioner Romelus inquired if the City helped those who suffered financial difficulties during the pandemic. Ms. Frederiksen stated the City has, there are different options for them during that time period. Customer Relations worked with customers in setting up payment plans. Shut offs were discontinued for a certain amount of time. City Manager LaVerriere commented if the City could not help a resident, they were 7 Meeting Minutes City Commission Boynton Beach, FL August 17, 2021 directed to the County. The City will be able to continue to help with ARPA money. Motion Vice Mayor Hay moved to approve Items 6F and 6G. Commissioner Penserga seconded the motion. The motion passed unanimously. H. Approve Award of Bid No. 089-2821-21 for "Discrete Analyzer and Maintenance" to SealAnalytical Inc. as the lowest responsive and responsible bidder in the amount of $35,760.00. I. Approve Amendment No. 1 to Task Order UT-2A-02 with Jacobs (formerly CH2M Hill Engineers) in the amount of $44,676 in accordance with RFQ No. 047-2821-17/TP, General Consulting Services Contract, Scope Category A awarded by City Commission on September 7, 2018 foradditional tasks associated with Pilot Testing and Improvements to Pre-Treatment and NF Membrane Skids at the West Water Treatment Plant. J. Approve a change to Task Order UT-1E-03 with Gentile Glas Holloway O'Mahoney and Associates, Inc. in the amount of $144,374.50 in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category E awarded by City Commission on August 7, 2018 to design a pedestrian crossing of Federal Highway from the Senior Center to the Historic Woman's Club of Boynton Beach (HWCBB) and to design the Senior Center parking lot. Item was moved to Consent Bids and purchases over$100,000 as item 7D. K. Approve Task Order UT-2E-05 with Alexis Knight Architects in the amount of $58,423 in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category E awarded by City Commission on August 7, 2018 to prepare design drawings for landscaping, roadway, and lighting improvements on West Ocean Avenue from NW 3rd Street to S. Seacrest Boulevard. L. Approve minutes from the City Commission Budget Workshop on July 13, 2021 and the City Commission meeting on August 3, 2021 . Motion Commissioner Penserga moved to approve the remainder of the Consent Agenda. Vice Mayor Hay seconded the motion. The motion passed unanimously. 7. Consent Bids And Purchases Over $100,000 A. Approve award of Annual Supply of Pipe Fittings and Accessories Bid # 8 Meeting Minutes City Commission Boynton Beach, FL August 17, 2021 084-1412-21 to all three (3) of the following companies; Core and Main, Ferguson Enterprises and Fortiline Inc. with an estimated annual expenditure of $220,000. B. Approve utilizing City of Boca Raton, Florida Bid No. 2021-014 with Waterfield Florida Staffing,LLC d/b/a Staffing Connection for School Crossing Guard Service, and issuing a Purchase Order for an estimated annual cost of $368,064. The City of Boca Raton's procurement processsatisfied the City's competitive bid requirements. Commissioner Penserga pulled item. Commissioner Penserga asked where the crossing guards are located. Michael Gregory, Police Chief, stated the Police Department works with the School Board regarding the locations. There is a requirement that there is a crosswalk and a traffic light for the guards to work with safely. It has been determined in the past just to set up at any location. The last location was set up at Rolling Green Elementary School. The Police Department coordinates closely with the school district and the school principal once the school district does their part the Police Department requests additional funding. Commissioner Penserga stated that residents have told him that there are no crosswalks and the kids are crossing the street. As he receives these concerns from the parents, he will forward them to Chief Gregory. Vice Mayor Hay stated that he is concerned that the City may run out of funds to pay for the crossing guards because the school board dictates where the guards are needed. He feels that the City should have some input since they pay the bill. Chief Gregory stated that since the Police Department has been funding the crossing guards there has been little increase in the pricing. City Manager LaVerriere stated that the City has the final say on where to place a guard. Commissioner Penserga asked if the contract allows the flexibility of hiring the additional crossing guards if needed. Chief Gregory stated that they can increase the number of crossing guards as long as it does not exceed the purchase order. If it does, it will be brought back to the Commission for approval to increase the purchase order. Mayor Grant asked if the City has student counts, so that the City does not have a crossing guards with no students crossing the street. Chief Gregory replied that the Police Department monitors the crossing locations at random and does site inspections. The Police Department does not have the numbers for the expected number of students who cross a certain street. 9 Meeting Minutes City Commission Boynton Beach, FL August 17, 2021 Mayor Grant requested a map of the crossing guards' locations. Motion Commissioner Penserga moved to approve the Item 7B. Vice Mayor Hay seconded the motion. The motion passed unanimously. C. Approve utilizing the Palm Beach County, FL Term Contract# 21044 with Sulphuric Acid Trading Company, Inc, (SATCO) of Tampa FL for the purchase of sulfuric acid for a total estimated expenditure of $325,000.00. The Palm Beach County contract satisfies the City's purchasing requirements. D. Approve a change to Task Order UT-1E-03 with Gentile Glas Holloway O'Mahoney and Associates, Inc. in the amount of $144,374.50 in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category E awarded by City Commission on August 7, 2018 to design a pedestrian crossing of Federal Highway from the Senior Center to the Historic Woman's Club of Boynton Beach (HWCBB) and to design the Senior Center parking lot. Mayor Grant pulled this item. Mayor Grant inquired if the number of parking spaces is 83. Gary Dunmyer, Interim Director of Engineering, stated that the total that he has is 79. Currently there are 19 parking spaces in front of the Woman's Club. Mayor Grant asked if the FDOT has given the City written approval. Mr. Dunmyer replied that the consultants did a drawing that the FDOT would approve. They did receive the approval, it is not in writing. Mayor Grant stated his concern is that the City spends all this money and then FDOT changes their mind. He suggested that FDOT be informed that this project has been approved and that the City is moving forward. What are the safety features that are going to be installed at the crossing? Mr. Dunmyer stated that there will be beacons that are pedestrian activated and stop traffic and then the pedestrians can cross. Mayor Grant inquired if the lights will be flashing or solid red. Mr. Dunmyer stated that it will be a solid red light. Motion Vice Mayor Hay moved to approve Item 7D. Commissioner Penserga seconded the 10 Meeting Minutes City Commission Boynton Beach, FL August 17, 2021 motion. The motion passed unanimously. 8. Public Hearing 6 p.m. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Proposed Ordinance No. 21-024 - Second Reading. Amending the City's candidate qualifying dates to be from Noon on the second Tuesday in November to Noon on the fourth Tuesday in November. City Attorney Cherof read Proposed Ordinance No. 21-024 by title only on Second Reading. Motion Commissioner Romelus moved to approve Ordinance No. 21-024 on Second Reading. Vice Mayor Hay seconded the motion. Mayor Grant inquired if the City Clerk will be providing an updated list of polling locations. City Clerk Gibson stated that she will be supplying the Commission with the polling locations for their approval. Commissioner Katz inquired will the City be able to maintain the number of locations with the changes. Mayor Grant suggested looking at the turnout numbers for the 2020 municipal election prior to moving voting locations. City Clerk Gibson stated the Supervisor of Elections (SOE) is available to come speak before the Commission to explain the precautionary procedures they have in place due to Covid. Mayor Grant requested the SOE be at a City event with practice ballots so residents learn how to fill out a ballot. City Clerk Gibson stated that she is arranging for the SOE for the October 5th Commission Meeting. She will ask the SOE to bring information regarding practice ballots and how to fill them out. Vote City Clerk Gibson called the roll. The vote was 5-0. 11 Meeting Minutes City Commission Boynton Beach, FL August 17, 2021 9. City Manager's Report A. Consider use of ARPA funds (up to $500,000) for participation in a public auction of 35 Cherry Hill lots owned by the Palm Beach County Housing Authority. Further, consider adoption of an ILA with the BBCRA to provide this funding to assist with the acquisition of said properties. City Manager LaVerriere stated that the City has been working with the Housing Authority to move forward with disposing the vacant lots in Cherry Hill. The Housing Authority has received approval from HUD (Housing and Urban Development) to dispose of the land. The disposal method chosen was to place the land up for auction. The CRA and the City will be participating in the auction. The CRA had an appraisal done on the land. It is worth approximately $900,000. The CRA has already designated $500,000 of their budget towards the purchase of the land. The City would like to utilize some of the ARPA funds to purchase as many of the vacant lots as possible. Commissioner Katz stated that he supports the use of ARPA funds to purchase the vacant lots. Thuy Shutt, Interim Executive Director CRA, stated that she has been in contact with the Housing Authority on a regular basis and received some clarification on their package. She is still waiting for some of the final requirements for registration. The CRA has requested a special meeting for the Interlocal Agreement (ILA). This is a good opportunity for the CRA and the City to move forward and develop the vacant lots. Vice Mayor Hay commented that he supports the ILA and the development of the vacant lots. City Manager LaVerriere commented that the auction is on September 14th and the CRA is requesting a special meeting 15 minutes prior to the City Commission Meeting on September 8th to approve the ILA. Mayor Grant inquired when the auction would end. Ms. Shutt replied that it will start on September 14th at 10 a.m. and end on September 15th at 10 a.m. Mayor Grant requested information on the bidding process. It is his understanding that within the 24-hour period they can be out bid. Ms. Shutt stated she asked about the maximum amount of? time for each lot. The representative from Fisher Auction did indicate that there is a five-minute increment for each lot. Mayor Grant asked for clarification on the five-minute increments. Ms. Shutt replied that when the bidding starts, lot one will have five-minutes, then they 12 Meeting Minutes City Commission Boynton Beach, FL August 17, 2021 will start bidding on lot two for five-minutes. There will be five-minute increments for each lot. Vice Mayor Hay asked who will be conducting the auction. City Manager LaVerriere responded that the Housing Authority has hired an auctioneer company Lamar Fisher that will be conducting the online auction. Commissioner Romelus thanked Candace Walls, Executive Assistant, for her hard work and participation to make this happen. She also thanked those who work behind the scenes. Motion Vice Mayor moved to approve the use of $500,000 of ARPA funds to purchase the vacant lots in the Cherry Hill area. Commissioner Penserga seconded the motion. The motion passed unanimously. B. Discuss activation of the Historic Woman's Club of Boynton Beach. Kathryn Matos, Assistant City Manager, stated that CRA transferred the Woman's Club over to the City earlier this year. The City has spent several months working on a construction plan that will start October 1st for the next three fiscal years. The construction plan for the first year includes installing Wi-Fi, security improvements, replacing the restrooms and the elevator. Then in the following two years, construction of crosswalks and the HVAC replacement will occur. The building is open and is being rented regularly without a marketing plan in place. Staff has worked with a consultant the last couple of months to do an analysis of the building and they also brought in event planning vendors, caterers and event rental companies as a focus group to provide feedback on the building - what would enhance it and what would make it useful. The feedback on the building was incredible. It is the best kept secret and they are excited about using the building. Based on the consultant's recommendations, staff recommends that the building be used primarily for event rentals and occasional City programming. The ideas are endless from weddings to business meetings. The estimated cost of keeping the building open, not including personnel to staff the building, is $70,000 a year. A conservative estimate for revenue would be approximately $120,000 a year. In Fiscal Year 2022-2023 they will be hiring a consultant to assist with business development and marketing of the space. Currently, the City is receiving calls all the time and the building is booked without doing business development and marketing of the space. Mayor Grant inquired if staff reached out to tourism or museum vendors as well as the Discover the Palm Beaches for their input on what the building could be used for. Ms. Matos stated no. Mayor Grant asked if the consultant reached out to any museums or museum operators 13 Meeting Minutes City Commission Boynton Beach, FL August 17, 2021 to determine if this could work. Ms. Matos stated no. Mayor Grant commented that staff only looked at one aspect of this facility and he disagreed with the way staff took this. This is the only public Addison Mizner building and he wants it to be open to the public. The Historical Society stated that this building should be used: it is not meant just for weekends it is meant for everyday use. Ms. Matos stated it is not just for weddings but that is one of many ideas. It would be used for City programming. So, there would be City orchestrated events that would be open to the public. The idea that on the weekends it would be revenue generating to maintain it as a community asset and available to the community as well. Mayor Grant stated the cost is still less then the Children's Museum. He would like to hear from the Surfing Museum and if they are still interested in the space and what they would propose. Ms. Matos commented that staff is working with the Surfing Museum and have a couple locations and staff is waiting to see what happens with the LOIs (Letters of Interest) that have been submitted on couple different locations. The City is doing what they can to help the Surfing Museum find a location in the City. The feedback from most of the vendors was that sharing the space would take away value of an event venue. Mayor Grant maintained that he would like to hear from the Surfing Museum. They have attended several meetings and they have unanimous approval from the Parks and Recreation Board to use the building. Tom Warnke, 2780 Worcester Road, Executive Director of the Surfing Florida Museum, commented that based on the information provided by City staff, it is clear that they believe the Woman's Club building will make money for the City if the building is left as is after the improvements. Although this is a disappointment to the Board of Trustees, they are hopeful that this dream can still come true somewhere in Boynton Beach. He thanked the City and the CRA for the support that they are able to provide. Mayor Grant questioned if they did not want the space anymore. Mr. Warnke stated he is not saying that. City staff and he have had a couple of meetings. At those meetings, it was obvious that if the city rents out the building for events three or four times a week, especially weddings and if they want to have a rehearsal dinner on Friday evening, if we have a big display upstairs, especially, that would have to be moved back and forth too many times, it would not be feasible. So, he is convinced of that. The activation survey that was done, they asked the event planners whether our exhibit downstairs in the east room would be a detriment to leasing the building for weddings and so forth, so, that was the question that was asked. Whether or not we could still have a 14 Meeting Minutes City Commission Boynton Beach, FL August 17, 2021 presence in the building and not interfere with events would be a question. But, in the survey that was conducted, it was not asked whether or not the Surfing Museum would be an enhancement to bring in events that would not necessarily be interested in a blank slate. So, he is not here to protest the staff recommendation. He is here to hope that they can provide, or that the City can help provide a location, permanent location, for the museum. Also, if the Woman's Club is utilized for weddings and special events over the next couple of years and it does not work out, like has already happened in the past, then we are going to be standing by, hopefully, to still relocate in the City. They want to be a good neighbor and not protest the results of what has already happened. City Manager LaVerriere stated for clarification that she is looking at the survey and it asked "how do you feel about an on-site themed attraction in the east room would effect rental." When people want to rent the building, they want the entire building. The City has worked with Mr. Warnke and have identified other locations for the Surfing Museum. The Museum's concept and collection is impressive the City wants to help them find a home here. Vice Mayor Hay stated he supports the City Manager. The City needs to maintain these buildings and we have a revenue on the conservative side of$120,000 and it cost$70,000 to maintain and it makes sense. The City does need to find another place for the Surfing Museum. Mayor Grant feels that if the question was how do you feel about a beach theme attraction the response would have been different. City Manager LaVerriere commented that she believes that was part of the conversation and the response was "we want a vanilla shell where they can create anything they want". There will be a Halloween wedding there in October. Mayor Grant stated these are people who make money buy selling decor. There is a bias. He asked if the City is paying for the ice machine, microwave, food warmers and the ovens? City Manager LaVerriere commented that the City will have to, the $250,000 that was allocated from the CRA for the three years will be spent on the larger projects. Mayor Grant inquired how long will the site not be usable because of the elevator. City Manager LaVerriere responded that the construction on the elevator and the bathrooms start in April. The building will be shut down for about six months. Mayor Grant stated that he is in favor of the Surfing Museum so people can come here and learn about Boynton Beach. The City does have other catering halls. He would like a motion from the Commission on his request. 15 Meeting Minutes City Commission Boynton Beach, FL August 17, 2021 Commissioner Romelus stated that she agrees with the Mayor the Surfing Museum would add to the City. She feels that there are other locations in the City were the Surfing Museum would work. If she was a getting at the Woman's Club she would not want to see surf boards, she would want to see beautiful décors. A blank shell would make it easier for anyone having an event there. The highest and best use for the Woman's Club would be to allow individual events create what they want for decor and then return it to the way they found it. Motion Commissioner Romelus moved to approve using the Historical Woman's Club as an event space as presented by staff. Vice Mayor Hay seconded the motion. Motion passed 4-1 (Mayor Grant dissenting.) 10. Unfinished Business A. Monthly update on the Town Square Project by JKM Developers attached. Mayor Grant asked if staff has received a revised site plan. City Attorney Cherof stated that it is his understanding that it is a major modification and it will be brought to the Commission once processed. B. Receive update and status of funding efforts by Lutheran Services of Florida (Head Start) to relocate from the existing location at 909 NE 3rd Street and discuss terms for purchase and saleagreement and new lease agreement. Andrew Mack, Assistant City Manager-Public Services, stated this item is a continuation from the July 6th meeting. Staff has continued discussion with Lutheran Services regarding the Head Start location. Staff and representatives from Lutheran Services are here to answer any questions the Commission might have. Commissioner Katz commented that the Commission should direct staff to assist with the relocation of Head Start. Vice Mayor Hay stated that he is in favor in moving ahead with assisting Lutheran Services. Mayor Grant inquired if Lutheran Services has received written confirmation from HUD regarding the modular units. Julian Serrano, Executive Director of Head Start at Lutheran Services Florida, replied that they have not received information regarding the modular units, they did receive information on funding for the program. 16 Meeting Minutes City Commission Boynton Beach, FL August 17, 2021 Mayor Grant asked if services still can be provided at the current location. Mr. Serrano replied that proposal was submitted last year and they have received of an award of$950,000 for this purpose. Mayor Grant inquired it the money was for the programming or for the modular units. Mr. Serrano responded the funding is for the modular units, we do have the money to provide services. They are also requested from the federal government that $458,000 from this year to carry over to use for the modular units. They have received permission to use $96,000 for land. Mayor Grant stated that he has spoken with HUD representatives out of Atlanta and Jacksonville, and doing some math, even if we sold the property for $1 M. If daycare is at $10,000 a year, that would only provide 100 families with daycare for one year, which is not necessarily a good service. The fact that the Lutheran Services of Florida is able to provide pre-daycare for multiple years, decades, and hopefully perpetuity is what he is very excited about. Although he was sad to hear that it is only meant for people under the poverty line and that people who are above the poverty limit are not allowed to go to Head Start. He asked if that was correct? Mr. Serrano replied that it is not completely correct, it is a percentage. Mayor Grant stated that the federal government does not want to mix incomes, which he does not think is correct, if you have space to teach kids, you should be able to teach them, regardless of their parents' income. Commissioner Romelus commented that she is happy that the City has partnered with Head Start. She is excited that they are able to accept the land that the City is going to convey to them for their new location. C. Discussion only of draft Ordinance No. 21-020 - Discussion of Ordinance creating Monument Policy for the City. (Tabled from the June 15, 2021 City Commission Meeting) Motion Vice Mayor Hay moved to remove Ordinance No. 21-020 from the table for discussion only. Commissioner Katz seconded the motion. City Attorney Cherof explained that this is back before the Commission not as an ordinance for first reading, but as a draft of the ordinance that the Commission saw back in June. He feels that there is more information needed from the Commission regarding goals and objectives. The Commission should be mindful of societal goals and objectives 17 Meeting Minutes City Commission Boynton Beach, FL August 17, 2021 and that points of view change over time. Commissioner Katz stated he has come to the position that he does not want to support any version of this for a couple of reasons. Some of it stems from our conversation last time. He fears that whoever would be deciding what monuments were permissible would open a can of worms. The Commission received an e-mail, from someone who wanted the City to celebrate a white history month and a heterosexual love month. He is sure they have their motives. His belief is that it is some weird attempt to call that equality, an equal treatment under the law, but he worries that logic under a set of rules that would not allow the Commission to say maybe you have an alternative motive and would allow monuments of conflicting or otherwise offensive views to be put in our parks. Allowing people to turn our public spaces into parks for these people, or this group. This has stemmed from one resident requesting a monument and it snowballed into a monument policy discussion. During the five years he has been a Commissioner he has not had a single resident ask about monument policies. He has spoken with some of the residents and they are concerned this would make public spaces co-op by different groups for different purposes. It takes away from the nature of a public space. Mayor Grant stated that he was recently in Washington, DC. The aspect of the monuments there gives you reverence and pride to be an American looking at Ulysses S Grant in front of the Capitol building, the Washington Monument. The Jefferson Memorial, the Lincoln Memorial, those are things that add culture and history to ourselves, as a country. He is not going to rule out the ability for the City to honor and to remember the cultural aspect of Boynton Beach. It is our former high school athlete, Lamar Jackson, winning the Heisman Trophy, winning the MVP, Jessica Ramsay, going to the Olympics and making it to the Finals in Shotput. There are the aspects of the history of Boynton Beach and the State of Florida that he feels something that we should move forward with. Based upon what Commissioner Katz is saying, is that he would not want to have the Veterans Park there because the monuments are there to honor the military. Commissioner Katz remarked that he definitely did not say that. Mayor Grant stated so you are ok with some monuments. Commissioner Katz commented that he thinks that this City Commission currently has the right to vote and erect monuments, dedicate parks, make crosswalks commemorating groups of individuals, we want to recognize. He does not support turning it over to a formal process whereby anyone could recommend anything. Mayor Grant clarified that Commissioner Katz is the position that if a resident wants a monument built to come to the Commission directly for approval and have staff go through the direction of the Commission. He is not saying no monuments you are saying no to this procedure. Commissioner Katz agreed and believes that is what the current policy is. 18 Meeting Minutes City Commission Boynton Beach, FL August 17, 2021 Mayor Grant asked if that is the current policy that the City Commission is able to approve an idea of a monument and have the City plan with the organization or individual. City Attorney Cherof replied that structure currently exists. Mayor Grant inquired if the Commission agreed with that policy. Vice Mayor Hay stated the policy is fine the way it is. Commissioner Penserga requested clarification on what was being agreed upon. Mayor Grant replied that the current policy is for individuals to propose an idea of a monument in a location and bring it to the Commission to move forward with the plan is something that is open to everyone and it should not be the formal policy that is outlined in Section Six the review process, where there is a monuments administrator that conducts the review. Before anything that the City does, the City Commission should be able to review it and have a public discussion on it before there is an application or any sort of planning by the City. It is open to the public to give us ideas of what they would like. Commissioner Penserga commented do we want to have monuments or statues, in general? What he is hearing is a confusing for him because part of what he is hearing is that, we do not need this policy that is been brave enough, because right now, anybody could come to us and make the proposal and let us be the deciding body. You are suggesting, there is no need for a separate policy. We have a system in place. Anybody can just come, make a presentation. We decide right here, amongst the five of us. Mayor Grant stated that the idea would be something that the Commission would approve and then the plan of the monument, the funding of the monument, and then the implementation or the three other aspects. The City Commission does not just necessarily approve an idea of a monument. There are all the other aspects of it being able to withstand a hurricane as all of our other sculptures. Commissioner Penserga stated that he wants to specify a couple of things. One, he likes the idea of having a written policy. We need to shape it in the way that we would like, but he wants to make sure that there is a clear process. If you do not like the process that is described there, then we can change it. There are some good things in this proposal, such as getting community feedback. The other point that he wanted to make more broadly is that we really need is to think big picture, the last time we discussed this he gave some very specific feedback, and we all went line by line. We should probably hear from what other cities are doing, because this situation has been figured out. We do not need to re-invent the wheel. There have been controversial situations, but, by and large, people have put together safeguards and best practices for them. He would like to ask staff to survey what major cities are doing and how they handle, their statues and 19 Meeting Minutes City Commission Boynton Beach, FL August 17, 2021 monuments policy. He asked City Attorney Cherof when you put together this draft did you take a look at what major cities were doing? City Attorney Cherof replied yes, that is what most of this language derives from. He said he probably read 30 or 40 different municipal policies, as well as some federal regulations regarding monument's procedures for doing it. What the Commission is reading is not something he thought of when he woke up in the middle of the night; he stayed up until the middle of the night. Commissioner Penserga stated it would be most helpful if we began with big picture questions. Do we need a separate policy, or do we not, maybe that is the first part of this conversation? Mayor Grant commented based upon what Commissioner Katz said in regards to not turning down ideas and allowing people to come to the public comments an audience and saying, this is the idea that he has: That is something we already have built-in into our meetings. This Commission, based upon our own rules, we require the consensus of the Commission to put items on the agenda that is the first step. If the Commission wants to have a more than a three-minute discussion on an item, there is a consensus of three or more. We can have that discussion and then move forward with the steps of planning funding and implementing that monument because maybe it is City initiated. Commissioner Penserga stated that he is very much in favor of what the City Attorney has put together. Yes, we need to tweak it and make all those changes. What he interpreted from reading the draft ordinance are protections in place. He thinks those are good things. We want to make sure that the monument' send a message of inclusion and its education, and it does not favor one religion or another. By having that kind of policy, it prevents those difficult situations that Commissioner Katz was concerned about. He thinks some version of this ordinance is a good thing, and it alleviates some of our worries. He supports having a draft ordinance. But if the Commission is comfortable with anybody just coming here, that is okay with him as well. Mayor Grant inquired if Commissioner Katz, agreed with the review process as he kind of have proposed with the language that is already there? Commissioner Katz replied that he sees merit on both sides. He thought that was what was interesting about this whole monument policy that it is 100% subjective. There might be best practices, or some examples of what has worked. There is no right and wrong way to do this. If you remember, when the individual came in to propose a monument that spawned all this, his initial position was wait a minute. We need to have some, some rules. That is what moved this forward. As he thought more about it, it is one individual who came in, and we can review their proposal based on its substance and decide what to do. If we create a formal process, he feels it will invite people to submit more and open the door to the controversy that he fears. His base position is, if someone wants us to consider something that they come in, they submit something, we deliberate over it as a 20 Meeting Minutes City Commission Boynton Beach, FL August 17, 2021 board, as we have in the past. He does not want to invite people to start claiming places in the City as their own. Because once we let we might deem no good causes in. It opens the door for that argument of how did you let this group do it but not this viewpoint? He thinks that the Commission has total control over it. If we make a policy, we are defining rules that people could exploit or abuse in the name of equality are what some people have proposed some ridiculous ideas under. We could always decide on a case-by-case basis, if we want to have community input. We have control over that, or a future Commission has control. What we decide in this policy will take control away from future Commissions. Commissioner Romelus stated she was definitely leaning towards Commissioner Penserga in terms of wanting to have something that is outlined, that is clear, and that people can follow. She thinks Commissioner Katz makes a very strong point and that the fact that we would outline it and spotlight, invites the opportunity for somebody to find a loophole. She thinks that is probably the part that the Commission wants to avoid. In essence, the only reason we went down, this whole rabbit hole was for somebody who brought forward an idea and we were to deliberate. In trying to decide, we were trying a blanket resolution, to the request that he made in terms of, okay, how do we address requests like this in the future. She thinks we may be trying to solve a problem that does not necessarily exist. Whereas, in the five, nearly six years that she has been a Commissioner that was the only time she ever had a request for a monument with the exception of course of, of the Veterans Park. She thinks it may be a little heavy handed to try to pass this ordinance with just one request that came before the Board. By passing this ordinance again, it opens the door and invites many others to propose many things that then can get lost. The point she is trying to make is we should just leave well enough alone. Commissioner Penserga commented he respects his colleagues and their point of view, but he just wanted to say that he respectfully disagree by having these guidelines. It talks about what kind of things people could submit, and how you would handle it, and who would pay for it, and what kind of materials, and what the review process is. He does not think that it is going to invite a flood of people coming in left and right. What these guidelines do, or what this proposed ordinance would do, is essentially create a filter, to prevent exactly the worry, that has been expressed here, without these filters, without these guidelines, without these parameters, anybody could come here and present anything, and it can be an entirely political decision, who's friends with whom, and who likes what. He thought that this process essentially pretty much guided that. It looked for specifications and made sure that the message was always inclusive and non- controversial. Yes, it is true that one individual did bring forward an idea for a monument. He does not think that is a negative for trying to be proactive and having a policy in place again, that filters and prevents those controversial situations. It is very clear here about what kinds of statues, monuments are possible. Should it become controversial then they must be changed. Mayor Grant inquired if there was a policy on naming producer. 21 Meeting Minutes City Commission Boynton Beach, FL August 17, 2021 City Manager LaVerriere responded that there is an ordinance for a naming rights procedure. The Commission has to consider the name then send it to an advisory board, typically the Recreations and Parks Board. The Board makes recommendations and brings it back to the Commission. Mayor Grant suggested having the monument ordinance be similar to the naming rights ordinance. Vice Mayor Hay commented what the City Attorney has put together covers as many cases as we can think of right now. It is possible that in the future the ordinance may need to be changed. Commissioner Romelus stated the problem right now is that we do not know what the future holds. She thinks that the Commission is over correcting for a problem that does not necessarily exist. Vice Mayor Hay stated that Commissioner Romelus is right. There is no wrong or right. The Commission needs to decide on what will fit overall. He is in favor of just leaving it alone. There was a consensus to have the naming rights ordinance reviewed so that the monument ordinance would be similar. City Attorney Cherof stated he will circulate the naming rights guidelines to the Commission. In the interim, the Commission should use bullet points between lines 86 and 94 when deciding to move an item forward to the Commission. Mildred Hay, 427 NW 5th Avenue, stated that she goes to public parks for relaxing, enjoyment and entertainment. She does not go to the parks to recognize anything. In fact, she goes to the park to get away from everything. Monuments do not belong in the parks. Everything does not have to be symbolized or recognized. A park is to recognize relaxation. Some things do not have to change, this is not broken. But it will be broken if the City starts putting monuments in the parks that have nothing to do with recreation. Mayor Grant inquired if there has been any progress in having Vice Mayor Hay's sister's name added to the plaque at Heritage Park. City Manager LaVerriere replied no and there is room on the plaque to do that. She will get with Assistant City Manager Mack to have that done. She believes there were two names to be added. Mayor Grant stated that he recommended former Vice Mayor and Commissioner Mack McCray be the second name to be added. 22 Meeting Minutes City Commission Boynton Beach, FL August 17, 2021 City Manager LaVerriere asked if the Commission voted on that. Mayor Grant replied he does not think they voted on it, staff never got back to the Commission. City Manager LaVerriere stated that it can be done and the Commission was informed of that. There is room for six to seven names on the existing plaque. 11. New Business A. Per Mayor Grant's request, staff has prepared some preliminary information for a discussion byCity Commission on timeline, Commission Workshop and issuing of a Parks and Recreation bond referendum for the March 2022 election. Mara Frederiksen, Director of Finance, explained the layout of the preliminary schedule. September 1st is only two weeks away and it does lay out your workshop on what parks would be including, what funding is needed and it would have to be marketed to have resident buy-in. December 1st is the deadline to have the referendum to the Supervisor of Elections. City Manager LaVerriere stated that it is a very aggressive schedule but it is possible. Commissioner Penserga stated this a good idea. What investments are being made and what is the vision. He is concerned that there is only one public input meeting. He would like to have multiple meetings so there is plenty of opportunity for the public to be heard. Vice Mayor Hay commented to have a bond referendum is a huge undertaking. The City has 29 parks already. He asked why does the City need another park? The City has to maintain those parks. He is not ready to expedite. Mayor Grant commented that this also has to do with the urban tree canopy. This is something the residents should vote on to have excess funding for Parks and Recreation. The 29 parks have not received the same amount of funding during the last few years. This would help move the Eco Park forward. There is the ability to remove vacant land in the City and add value to our residents. The main point is giving this to the residents and letting them vote on it. If the March timeline does not work, he is okay with November. This does not need to be rushed. However, he would like to start it for the residents to vote on. Vice Mayor Hay inquired who is asking for another park. Mayor Grant replied this would make all the parks better. It is not trying to add another park. There is a complete redesign of Pence Park that needs funding. Vice Mayor Hay asked if a cost analysis has been done. Mayor Grant responded that the City has the funding to maintain the park as is. The 23 Meeting Minutes City Commission Boynton Beach, FL August 17, 2021 City does not have the funding to do a complete redesign. Vice Mayor Hay stated he agrees to discussing this, but not now. Commissioner Katz commented that the timeline of this is a concern. The timeline is tight and the public input opportunity is reduced. He asked if this could be added to the August or November ballot, or if it had to be on the March municipal election. City Manager LaVerriere replied that she thinks the City would have to pay for a special election. Mayor Grant inquired about paying for the special election and if the City would have to pay $100,000. City Manager LaVerriere replied that if it is not a scheduled election that the Supervisor of Elections is running, the City would have to pay for a special election. Commissioner Romelus commented the Commission wants to add it to an existing election and not pay for a special election. Commissioner Katz stated he would like to extend the timeline and have it on the November election. More time would benefit the community. More exposure on this would not hurt. Commissioner Romelus stated the City definitely needs this to improve the parks. The only way to do this right is to get as much public input as possible and to educate the public on why they need to tax themselves to improve the parks. A good marketing campaign would be crucial. She suggested the August election so that it would not get lost on the November ballot. Mayor Grant stated that there are parks in the City that do not get the same amount of attention. These parks are still being maintained at the same cost even though they are not top tier parks. Commissioner Romelus requested from staff a list of improvements and wish list of what needs to be done and a dollar amount. This would help with the bonding as well. Mayor Grant stated that he would like the bond to be from $10M to $20M. Commissioner Penserga recommended that the City hold some public input workshops. He wants the public to be part of this from as early on as possible. The public may have ideas that the Commission and staff will not think of. Mayor Grant asked Ms. Frederiksen if the interest rates are as low as they can be. Ms. Frederiksen responded yes, they are decent. Mayor Grant stated that is the only issue with waiting is that interest rates can increase. 24 Meeting Minutes City Commission Boynton Beach, FL August 17, 2021 Commissioner Katz stated that the decision between August and November is a decision between making sure that it is prominent on the ballot as Commissioner Romulus said, where there is not going to be 30 constitutional amendments and pages of questions. If it is in August there is prominence on the ballot. The reason for considering November is the turnout is always at its highest Commissioner Romelus asked if the referendum needs to pass with two-thirds majority. Mayor Grant replied it needs to pass with 50% plus one. Commissioner Romelus commented that regardless of the turn out in either August or November, it is still 50%. To that point Commissioner Katz it would not matter what the turnout was as long as they vote is over 50%. Commissioner Katz stated he understands that, just that more people would be voting in November. Jay Glover, PFM Financial Advisors, commented that the Commission is on point with the discussions being had and he does not have any additional input. It is the Commission's discretion as to when to hold the referendum. Mr. Glover pointed out that it would be 90 to 180 days following the referendum it was approve before you are able to issue the bonds and to keep this in mind. City Manager LaVerriere stated that this is not something where staffs going to drive around and look at the parks and make a list. It is going to be hiring a consultant, she would recommend working with Recreation and Parks Board, doing potentially your public input, looking at your master plan. Cost estimating, it is probably an easy $100K contract with a consultant to get this information prepared. It is not something that staff can pull of in the next 30 days. Mayor Grant commented that February would be the time to hire a consultant for the pricing. They will have two to three months to provide pricing and the City will have two to three months to inform the public. City Manager LaVerriere stated that she will meet with the City Clerk backing up from August what the timeline would look like. Mayor Grant commented if it needs to go to November, it can. Or if we find the public does not want this extra tax, then the City can pull the plug before spending the money on a consultant. There was a consensus to move the referendum to August. 12. Legal — None 25 Meeting Minutes City Commission Boynton Beach, FL August 17, 2021 13. Future Agenda Items A. Select University to conduct Redistricting Study per Charter requirements after each Census - September 8, 2021. B. Approve and authorize an amendment to Franchise Agreement with FLSC, LLC., for the textile recycling program and designate a procedure for use of revenues generated from said contract. - September 8, 2021 C. Staff will present the Communication and Outreach plans for the ARPA funding - September 8,2021 D. The Building Department will present its Outreach Forum Series and Video Initiatives - September 8, 2021 E. Presentation by Boynton Beach Rugby, Inc. - September 21, 2021 F. Building Department staff will present an update on the implementation of the new SagesGov software for permitting and inspections - October, 2021 G. Discussion regarding adjusting traffic signal timing for pedestrians during off-peak hours. - TBD 14. Adjournment There being no further business Mayor Grant adjourned the meeting at 8:51 p.m. ATTEST: C tal Gibson, MMC City Clerk 26