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Minutes 09-08-21Minutes 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 Wednesday, September 8, 2021, at 5:30 P.M. Present: Mayor Steven B. Grant Vice Mayor Woodrow L. Hay Commissioner Justin Katz Commissioner Christina L. Romelus Commissioner Ty Penserga 1. Openings A. Call to Order - Mayor Steven B. Grant Mayor Grant called the meeting to order at 5:30 p.m. Roll Call Lori LaVerriere, City Manager James Cherof, City Attorney Crystal Gibson, City Clerk City Clerk Crystal Gibson called the roll. A quorum was present. Invocation by Pastor Duane Roberts, Calvary Chapel The Invocation was given by Pastor Duane Roberts of Calvary Chapel. Pledge of Allegiance to the Flag led by Vice Mayor Hay Vice Mayor Hay led the Pledge of Allegiance to the Flag. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption City Attorney Jim Cherof requested that Item 2D be heard before Item 213. Mayor Grant requested that Item 12B be heard before Consent Agenda. Lori LaVerriere, City Manager requested that Affordable Housing Advisory Committee (AHAC) applicant be added to Item 5A. Motion Vice Mayor Hay moved to approve as amended. Commissioner Penserga seconded the motion. The motion passed unanimously. 2. Other A. Informational items by the Members of the City Commission. Meeting Minutes City Commission Boynton Beach, FL September 8, 2021 Commissioner Katz disclosed that he did receive a number of telephone calls, he has been unable to return those telephone calls. Commissioner Romelus disclosed that she did receive a several of telephone calls, she has been unable to return those telephone calls. Commissioner Penserga disclosed that he had a conversation with Michael Wiener regarding Item 12B. Vice Mayor Hay disclosed that on August 21St he did attend the Bulldogs game. On August 26th he participated with Feeding South Florida. On August 27th, he attended the Student Art Showcase. On August 28th, he attended the MLK I Have a Dream event. He stated the attendance was not what he expected. He wished those of the Jewish faith a happy Rosh Hashanah. Mayor Grant disclosed that on August 19th, he attended Congress Middle School supply give away. He also attended Boynton Beach Veterans Task Force meeting. On August 21St, he attended the Bulldogs game. On August 24th, he spoke with John Markey and Jeff Johnson of JKM. On August 27th, he met with representatives of United Way. That evening he attended the Student Showcase. On August 28th, he attended the March on event in West Palm Beach. He also attended Boynton Beach's I Have a Dream event. He thanked all the non -profits that were at the event. On September 8th, he attended a Memorial Tree event for Jason White at the Tom Kaiser Veterans Memorial Park. He spoke with Michael Wiener regarding Item 12B. Vice Mayor Hay requested an American Flag be placed at the Hester Center. Mayor Grant stated he spoke with Mr. Tom Kaiser and he would like to buy a new flag pole for the Veterans Memorial Park and move the existing flag pole to the Hester Center. Item D. was heard out of sequence at the request of the City Attorney Cherof. Lori LaVerriere, City Manager stated that the Mara Frederiksen, Director of Financial Services will give a presentation on the budget and millage rate so that the public understands the process. This is the first of two budget public hearing meetings. Mara Frederiksen, Director of Financial Services, gave a presentation on the budget and millage rate. The second budget public hearing meeting will be on September 21, 2021. Mayor Grant noted that the water utilities are the largest revenue source for the City. He inquired if City staff has spoken with the City Lobbyist about the annexation through legislative intent for the area located between Old Boynton Road and Gateway Boulevard so the City can incorporate the 14 acres of wooded land. City Manager LaVerriere responded that staff has a meeting scheduled with Matt Forest within the next week or two. Meeting Minutes City Commission Boynton Beach, FL September 8, 2021 Ellen Jones, Art Advisory Board, inquired about the decrease in the revenue for Art in Public Places. Ms. Frederiksen responded that the last year's revenue was due to the acquisition of Town Square and the purchase of several art pieces. Mayor Grant inquired about how the City receives funding for Art in Public places. City Manager LaVerriere replied that it is 1% of the construction value of a permit over $250,000. 70% of the 1% goes to into art and 30% of the 1% goes to administration of the Public Art program. The revenue fluctuates based on the projects that are coming into the City each year. Last year the City acquired approximately a half million dollars in Public Art for Town Square. Ernest Mignoli, 710 NE 7t" Street, inquired about a tax increase on a $400,000 home and million -dollar business, instead of a $35,000 business and a $55,000 home. Ms. Frederiksen replied that for a million -dollar business the monthly tax increase would be $33.36 per month based on an average net increase of 5.2% Mayor Grant asked Mr. Magnoli if his inquiry was based homesteaded or non -homesteaded residential property. Mr. Mignoli stated he does not understand the difference. Mayor Grant stated that homesteaded residential is limited to 3% max non -homesteaded residential is restricted to a 10% max increase per year in property assessments. The four numbers in the presentation for residential properties $50,000, $150,000, $250,00 and $500,000 are examples. Mr. Mignoli asked if there are $50,000 homes in the City. Mayor Grant replied yes, the properties have been homesteaded for years. Attorney Cherof read proposed Resolution No. R21-104 into record. He noted that section two of the resolution provides a proposed millage rate for the 2021-2022 fiscal year shall be 7.8900 for the general fund. He also noted that in Section Four the proposed millage rate is 3.323 above the computed roll back rate of 7.6362% and at the second and final public hearing on the budget will be September 21, 2021 at 5:30 p.m. in Commission Chambers. Motion Vice Mayor Hay moved to approve proposed Resolution No. R21-104. Commissioner Penserga seconded the motion. The motion passed unanimously. 3 Meeting Minutes City Commission Boynton Beach, FL September 8, 2021 Attorney Cherof read proposed Resolution No. R21-105 into record. He noted that in Section 23 of the Resolution, it provides the second and final public hearing will be September 21, 2021 at 5:30 p.m. in Commission Chambers. Motion Vice Mayor Hay moved to approve proposed Resolution No. R21-105. Commissioner Romelus seconded the motion. The motion passed unanimously. B. Conduct a Public Hearing to adopt the Final Special Assessment Resolution for the FY 2021-2022to fund the costs of annual canal aquatic maintenance services for the Lake Eden Four Canalsand Lake Shore Haven Canal. City Attorney Cherof read proposed Resolution No. R21-118 into record. Chris Roschek, Engineering Division Manager, gave a presentation on the aquatic maintenance program. Mayor Grant stated that he met with Sean Patton, owner of Stocking Savvy, who is using native species to help with canal cleaning. Sean Patton, owner of Stocking Savvy, stated that a several different native plants and fish that can be used to restore polluted canals and the environment. However, when working with Hydrilla one of the best options is to implement Grass Carp as part of any proposal. The pro of using Grass Carp is that they eat the roots, tubers, and the leaves of Hydrilla and there are no chemicals that can target all of these areas. Using Grass Carp would have less of an impact on water quality overtime. Other native plants and fish can be used alongside the Grass Carp. Mayor Grant thanked Mr. Patton for the information and he will forward it to the engineering staff. Mayor Grant read a comment from Mr. Jim Hendricks into record. "1'm Jim Hendricks and my wife Michelle and 1 own the property at 821 SW 33d Place in Boynton Beach. 1'd like to share my first-hand experience in dealing withthe canal maintenance for the last 5 years and dispel what 1 consider to be erroneous information. Historically the canals have been treated for aquatic growth, for a long time by the city. However, treatment was abruptly stopped by the city in 2016 due to a conflict over the interpretation of how it should be paid for. For the past 5 yearsspraying has been done through private efforts on some canals organized by neighbors. The question still is not whether waterways need to be sprayed but how to organize and pay for these efforts. That has been resolved and the plan 4 Meeting Minutes City Commission Boynton Beach, FL September 8, 2021 wasapproved by a majority vote of homeowners in January 2019. None of this constitutes, as has been alleged by one neighbor in a letter to property owners, as "government overreach". In fact, to me it is a prime example of government cooperation and response to the wishes of its citizens as directed, again, by the majority vote of the -105 property owners on the affected canals. A second allegation from that letter is that it is a 'political push to destroy fish breeding grounds". 1 can speak to the "politics" by acknowledging how supportive our District Commissioner Romelus and the Assistant City Managers as well as the Utility Department have been in responding and providing a detailed and open process for everyone involved. Regarding "fish breeding grounds" it's my understanding that ongoing analyses have shown the canals to be as healthy as ever with strong fish populations throughout. Just watching the large numbers of fishermen that troll our lakes andmy own personal experience attest to the fact that our waterways are destinationfishing spots and help our economy in multiple ways. They can't do that when thecanals are clogged. A third point in his letter regards cost. My own experience with the spraying contractor has shown them to be responsive and thorough as well as price sensitive. The city will of course subject the contract to the full bidding process as required. The last point in the letter addresses inequities in who pays for this. For the waterfront properties on the main canal, it is my understanding that this is an issue for the county and Lake Worth Drainage District to resolve. For BoyntonBeach property owners, we have only the method outlined in this assessmentavailable to fix the problems. The intent has been to keep the canals safe for residents through elimination ofthe transient aquatic growth that had often completely matted the canals, made them health hazards and completely unnavigable for water enthusiasts. The associated issues of storm mitigation, property value enhancement, andcontinuity of care through a single effort are also all favorable for the propertyowners. 1 greatly hope this is approved and we can move forward with a jointly successful effort. " Motion Commissioner Romelus moved to approve proposed Resolution No. R21-118. Commissioner Katz seconded the motion. The motion passed unanimously. C. Conduct a Public Hearing to adopt the Final Assessment Resolution for the FY 2021-2022 FireAssessment. City Attorney Cherof read proposed Resolution No. R21-103 into record. Gary L. Fishman, 3504 Diane Drive, stated that the City can be reimbursed for the maintenance of the canals. According to the Florida Fish and Wildlife Commission and the State of Florida we do not own the water nor the rights of the water in the canals. The State owns the water and is responsible to make them navigable waterways and passable by boaters and fisherman free of weeds and debris. Fishing and boating licenses and our taxes 5 Meeting Minutes City Commission Boynton Beach, FL September 8, 2021 pay for the maintenance. Lake Ida and Lake Eden are treated by the County and are reimbursed by Florida Fish and Wild Life Commission and the State. Residents cannot be reimbursed. He hopes the City will investigate this. Karl Cassone, on behalf of Raymond Cralle property owner 942 SW 33rd Place, stated he spoke with Tom Reinert, Southern Regional Director for the Florida Fish and Wildlife Commission. It is Mr. Reinert's position that the canals are privately owned and that it is the responsibility of the City to maintain the canals at the cost of the residents. Mr. Cralle is concerned about the use of pesticides. Mayor Grant stated that the City did receive a majority vote from the residents to maintain the canals. Commissioner Romelus stated that this has taken over six years to complete. The City has spoken with the County and was in negotiation with the County for over two years to have the County do the work. If there is an opportunity for the City to be reimbursed it will be looked into. City Attorney Cherof commented that the City did have the County's commitment to provide the service and collection on behalf of the City from the property owners. At the last minute the County did a complete reversal and said they would not do it. Motion Commissioner Romelus moved to approve proposed Resolution No. R21-103. Commissioner Katz seconded the motion. The motion passed unanimously. D. Conduct First Public Budget Hearing for FY 2021/2022 Proposed Millage and Tentative AnnualOperating Budget. Proposed Resolution No. R21-104- Adopt the proposed millage rate for the General Fund forFiscal Year 2021-2022. Proposed Resolution No. R21-105- Adopt the Tentative Budget for the General Fund and allother funds for Fiscal Year 2021-2022. Item was heard earlier in the meeting. 3. Announcements, Community and Special Events and Presentations A. Proposed Resolution No. R21-106 - Recognizing September 13-17, 2021 as Florida Civics Week and encouraging all City residents to honor civic engagement by participating in educational activities and community service. 0 Meeting Minutes City Commission Boynton Beach, FL September 8, 2021 Mayor Grant read proposed Resolution No. R21-106 into record. W,1511=11 Vice Mayor Hay moved to approve proposed Resolution No. R21-106. Commissioner Katz seconded the motion. The motion passed unanimously. B. Proclaim the week of September 17-23, 2021 as Constitution Week. Marjorie Ferrer of the Daughters of the American Revolution will accept the proclamation. Marjorie Ferrer, Daughters of the American Revolution accepted the proclamation. The celebration of the Constitution was started by the Daughters of the American Revolution (DAR). The celebration of the Constitution was signed into law on August 2, 1955 by President Dwight Eisenhower. For more than a century the DAR have dedicated themselves to historical preservation, promotion of education and encouragement of patriotic endeavor. The DAR is a nonpolitical organization of women with over one million daughters worldwide. Membership is granted to those whose lineage has been proven to a patriot who fought or added in the American Revolution. In July 2026 the United Sates will mark its 250th anniversary. There are six DAR Chapters in Palm Beach County. Mayor Grant inquired how does DAR help educate the public on the amendments to the constitution. Ms. Ferrer responded that DAR works with individual communities, DAR has speakers and committees that are well educated on certain topics. Commissioner Romelus asked in what ways is the DAR inclusive. How are other communities included who do not feel they are a part of DAR and make them feel patriots in the United States. Ms. Ferrer replied that they patriotic baseball cars from the DAR are black and brown women patriots. The genealogy and the history between all of the patriots is enormous. Commissioner Romelus asked for clarification on how the lineage can be traced back to the Revolution. Ms. Ferrer stated it is very hard. Birth, marriage a death certificates have to be created for everyone. For a lot of the minorities of the American Revolution it is very hard. There are people in the DAR that are focusing on getting the documents from where they were born. Commissioner Romelus inquired what would happen if a girl wanted to become DAR and her lineage was not traceable. Marilyn Mills, Genealogist Daughters of the American Revolution, replied that the DAR is Meeting Minutes City Commission Boynton Beach, FL September 8, 2021 starting to use DNA to trace lineage not just a paper trail. Commissioner Romelus stated that it is very difficult for the black and brown community to trace a paper trail back to their lineage. Ms. Mills responded that DNA does not get burnt or destroyed in fires like the paper. They are waiting approval to start using DNA to trace the lineage. Commissioner Romelus stated she looks forward seeing the results once DNA is being used. Especially when it comes to the communities that were targeted throughout history. Ms. Mills stated that records are being traced back through the churches as well. C. Proclaim the month of September as Hunger Action Month. Sari Vatske, Executive Vice President of Feeding South Florida, will accept the Proclamation. Sari Vatske, Executive Vice President of Feeding South Florida accepted the proclamation. Feeding South Florida has provided over five million pounds of food to the City. Feeding South Florida does more than just provide food, they provide education, transportation and talking about the issues that cause food insecurity. Mayor Grant inquired about their culinary school. Ms. Vatske stated that the four people have graduated from the first cohort and have been placed in jobs. The second cohort will be graduating in a couple of weeks. Vice Mayor Hay stated that he appreciates the work that South Feed South Florida has done. D. Proclaim the month of September 2021 as National Library Card Sign -Up Month. Madison Kjosa, Library Marketing & Outreach Manager, will accept the proclamation on behalf of the Boynton Beach City Library. Madison Kjosa, Library Marketing & Outreach Manager, accepted the proclamation. Marley Dias, author of 1000 Black Girl Books, is joining the American Library Association and libraries nationwide in promoting the power of a library card. Mayor Grant inquired if the Wi-Fi hot spots are still available. Ms. Kjosa replied that the Library has several Wi-Fi hot spots that residents can check out of the Library. The Library also has laptops and computers that free to use by anyone who has a library card. If you need help with your resume the Library has a representative from Career Source every Tuesday 9 to 4 offering free assistance. Meeting Minutes City Commission Boynton Beach, FL September 8, 2021 E. Announcement by Kacy Young, Recreation & Parks Director for the 9/11 Remembrance Memorial Ceremony being held at Centennial Park Amphitheater on Saturday, September 11th, at 10:00 am. Kacy Young, Recreation & Parks Director, announced the 9/11 Remembrance Memorial Ceremony being held at Centennial Park Amphitheater on Saturday, September 11t",at 10:00 am. After the event all Veterans are invited to Mission Barbeque for lunch. Mayor Grant commented that there will also be a moment of silence event at the Tom Kaiser Veteran Memorial Park from 8:30 to 9:30 a.m. Mayor Grant inquired if a pen pal program can be created to write to the Delta Demons. City Manager LaVerriere stated that staff is working on that and some ideas for Thanksgiving and the Holidays for the soldiers who do not have the opportunity to go home for the Holidays. F. The Second Public Budget Hearing to adopt the FY 2021/22 Budget will be held during the CityCommission Meeting on Tuesday, September 21, 2021 at 5:30 p.m. in the City Commission Chambers. Mayor Grant announced that the Second Public Budget Hearing to adopt the FY 2021/22 Budget will be held during the CityCommission Meeting on Tuesday, September 21, 2021 at 5:30 p.m. in the City Commission Chambers. Mayor Grant commented that during the July budget workshop he requested equal raises for the general employees based on their department. Equal raises would create a more of team aspect for the departments because the department will be getting the same raise for a years' worth of work. He asked if the Commission would like to pursue this further. Commissioner Katz stated that the salaries are based on their skill levels and experience. If he worked for the City for twenty years and he is making $30 an hour, he should get more then the person who has worked for one year and is making $10 an hour. The percent raise is an equal raise and that the salary differences are based on variables that make people's labor worth more or less. Mayor Grant stated absolutely. He spoke with City Manager LaVerriere and requested using the Human Resources Department as an example to see what the numbers look like. He does understand that if you do have the education and have worked at your job a long time and you are at the top you feel that you should get the most raise that is an opinion. His opinion is that they are all on the same team and should get a similar raise. Vice Mayor Hay stated that he cannot support this. It is the American system; it's been that 9 Meeting Minutes City Commission Boynton Beach, FL September 8, 2021 way since day one and it works. A person just starting with the City should not get the same amount of raise of a person who has been here for twenty years and has the credentials and the responsibilities. He understands what Mayor Grant is trying to get at. He is not sure that is the solution. The American system rewards those who are doing the betterjob with the most responsibilities and education. It is a motivation factor for that person to go and do what they need to do to move to the next level to get that higher raise. Commissioner Romelus commented that this is deviating into an ideology conversation rather than a strictly numbers conversation. She would like to hear more about what Mayor Grant is proposing. She wants to wait for the numbers to continue this conversation. Vice Mayor Hay stated that this may not be the solution but it can be explored. Commission Katz agreed that is an ideology. The ideology of whether you support it or not would be rooted in the numbers. He knows from experience that there are consequences that would lead to negative outcomes. In the school district the lowest paid teachers' salaries with the least amount of experienced increased by 15% whereas the teachers with tenure and experience only received a 1.5% raise. He knows where this going to lead and he will not support it. Mayor Grant stated that the City just did that, by raising the minimum wage to $15 an hour. City Manager LaVerriere stated that there were approximately 60 employees making less than $15 an hour. This adjustment was less the $100,000 impact on the budget. Julie Oldbury, Director of Human Resources and Risk Management, stated the lowest paid employee was $8 an hour. City Manager LaVerriere inquired if that employee was part-time or full-time. Ms. Oldbury replied that the $8 an hour was a part-time salary and the full-time salary was $13.05 an hour. Mayor Grant requested that the numbers be emailed to the Commission and if there any questions to reach out to Ms. Oldbury. 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 comingbefore the City Commission) David Katz, 67 Midwood Lane, stated that it is apparent that the Commissioner from District IV is running for Mayor in the upcoming March 2022 City election. Because of this, he will 10 Meeting Minutes City Commission Boynton Beach, FL September 8, 2021 have to resign from his current seat to run for Mayor. If he resigns when he is legally required to, it will not leave adequate time for anyone who would like to file for the District IV seat. The four remaining members of the Commission will appoint a replacement to serve out the remainder of the term that will be more than a year. Three of the four Commissioners will be term limited in March of 2022. They should not be able to choose the replacement. The voters in District IV should choose a replacement. The way to remedy this is for the current District IV Commissioner to resign tomorrow to allow for enough time for those who are interested in seeking the District IV seat to file to run. If he does not it will be extremely obvious that a behind the scenes deal has been made on who the replacement will be. The voters of District IV deserve nothing less than an election in the March of 2022, not an appointed Commissioner. If the current District IV Commissioner chooses not to resign tomorrow it will be transparent that he is part of the deal to allow the term limited members of the Commission to usurp the rights of the voters of District IV. That should be reason enough for the voters of the City to reject his desire to be Mayor. If that happens and I will bet anyone who hears this a $1,000 that no matter what the situation their choice will be Aimee Kelley. Commissioner Katz asked if a commissioner resigns effective on election day when the law requires them too, the elected board would choose a replacement correct? City Attorney Cherof replied that if the subsequently elected board is in power at that particular time, that is correct. Commissioner Katz commented that the three term -limited members of the Commission will not be on the board at such time that an appointment would take place which will be after election day so what was stated is literally impossible. City Attorney Cherof stated that the City Commission at the time of the vacancy has to declare the vacancy. After that, they have the authority to appoint somebody to fill that vacancy for the remainder of the term. Mayor Grant inquired what happens if the vacancy is not filled. City Attorney Cherof stated that if the sitting Commission cannot agree on filling the vacancy then there would be an election. When this occurred in the past, the Supervisor of Elections would not provide an election date. Commissioner Katz inquired about what does the Charter say regarding the cutoff date; is it halfway through a term that would trigger a special election or an appointment? City Attorney Cherof remarked rather than put me on the spot because you want an exact answer and since this is just public audience I will provide a memo to the Commission outlining what the procedure is, if and when there is a vacancy. Right now, it is speculative. There has been no announcement of a resignation. Meeting Minutes City Commission Boynton Beach, FL September 8, 2021 Commissioner Katz stated he definitely would appreciate that since some grand accusations of collusion involving four members of this elected body were just lodged facelessly and belligerently. Bishop Bernard Wright, CEO of Bernard Wright ministries current candidate for Mayor, he commends Feeding South Florida, they have done a great thing through this pandemic. He thanked Vice Mayor Hay for being there on Thursdays. We also have been feeding man throughout this pandemic. Boynton Strong and Bernard Ministries now have a kitchen at the Cherry Hill Mini -market. If you will join us and support us we have been feeding at least 50 a day throughout the past year. We would appreciate any financial contribution or any volunteers that we can get. He also invited the Commission to join them at the gun violence march. He also suggested that someone from the Commission reaches out to the families who are suffering from the gun violence. Commissioner Romelus thanked Bishop Wright for helping the families who have been affected by the recent string of violence. Philip Terrano, 4789 Dolphin Drive, Lake Worth, he was a resident of Boynton Beach for many years prior to moving to Lake Worth. He has had the honor and the privilege of being a coach at the East Boynton Beach Little League fields. He also served on the board of directors for not only the district but as well as the East Boynton Beach Little League during an impeccable time of 2002 when Boynton Beach was put on the map by our youngsters in youth sports winning the World Series. For many years his ambitions and goals were always to give back to youth sports. He has since become a sports agent in professional sports for the baseball industry. East Boynton Beach Little League has had its up and downs with registration but he feels like the community right now has really come together in the last year. We have had a lot of success over the years at East Boynton Beach Little League and he feels like the community is becoming more supportive. His proposal right now is to fully fund an indoor facility out of East Boynton Beach Little League and it would entail building an indoor facility behind field two which faces Woolbright Road. Hopefully getting the City to stand behind this proposal and donate the land that is there as well as be a partner with our organization. Devin Travis happens to be a very good friend of his. Devin Travis is a former player for the Toronto Blue Jays, Detroit Tigers and is now retired. He has nothing but love for this community and is willing to come out again and give back to the youth of East Boynton Beach Little League, by helping with this project. Again, this project would be fully funded by my organization Primetime Sports Group if you have any questions he would be happy to answer them, thank you. Mayor Grant thanked Mr. Terrano for the information. He suggested that Mr. Terrano makes a presentation to the Parks and Recreation Board of a true proposal that way the Board can give the City Commission a recommendation. Mr. Terrano stated that he has met with Kacy Young, Recreation and Parks, and Franky Lazo, Parks Superintendent, on several occasions. 12 Meeting Minutes City Commission Boynton Beach, FL September 8, 2021 Commissioner Penserga stated that he is intrigued with this proposal and he does look forward to seeing something more complete. He asked that staff reaches out to Mr. Terrano so he is aware of what is needed to make that proposal. Ernest Mignoli, 710 NE 7t" Street he moved here permanently and bought property in October of 2020. There are children that live in his building it is a 28 -condo building. There residents who ignore all the fire codes and regulations of using propane grills and gasoline for their boats. He called the fire marshal to come out and they sent someone and somehow, they removed the propane He spoke with the fire marshal the next day and was informed that the propane tank is not supposed to be within 25 feet of the building. Mr. Mignoli stated that the association and their contractors were installing pilings in the Intercoastal, which you need federal, state, and county permits. The contractors showed up in unmarked trucks, unmarked workers and they jumped over our fences damaging the fences and worked all day in the intercoastal pulling and installing pilings. Since nobody says anything he makes the phone calls. It is mind-boggling and it is continuing. He does not like being in this situation. Every time he gets involved with the police or with the City he receives threatening emails from his neighbors and the board files police reports against him. Look what happened at 624 in Surfside. That should serve as one of the greatest motivations to clean up everything. Making sure residents are not doing things that are not supposed and to make sure the officials are doing what they are supposed to do. He feels that he does not get help from the police and fire departments. If there is no actual crime that is happening the police are not going to report it. It is speechless what they are doing wrong. They will not talk to me about anything. I can ask for inspection report, can I get a financial report, can I get an engineering report the answer is always no. How can they get away with it? Mayor Grant inquired if Mr. Mignoli has filed his complaints with the State of Florida. Mr. Mignoli responded he just got over cancer. He will try to get his complaints filed. Mayor Grant stated that he appreciates Mr. Mignoli coming to the meeting an putting his concerns on record. It is something that the City can keep an eye on. However, there is only so much that the City can do. Mr. Mignoli may need to report this to the county and to the state as well. Mr. Mignoli stated that he does not agree with the Mayor. 6. Administrative A. Appointment of eligible members of the community to serve in vacant positions on City advisoryboards. Commissioner Penserga inquired what is the responsibility of the Affordable Housing Advisory Committee (AHAC). RJ Ramirez, Community Improvement Manager, explained that AHAC is part of the SHIP 13 Meeting Minutes City Commission Boynton Beach, FL September 8, 2021 Program. The SHIP Program is funds that are allocated from the state of Florida to counties and municipalities. AHAC use to meet when the City received $360,000 or more. With the change in legislature last year now the Committee has to meet on a regular basis. The Committee is composed of 11 members who will review incentives that come from the State Housing Finance Corporation from the state of Florida. With the purpose of providing or revising the laws and regulations that are in place within the City to be able to help the way for affordable housing in the community. The Committee will meet at least three times during the year to review these 11 incentives and prepare a report that he goes back to the state and also presented to the Commission in March. Commissioner Penserga thank Mr. Ramirez for the information and inquired about the HUD language was there any further details on any criteria for these volunteers to be a member of the AHAC besides the categories that are listed on the appointments document. Mr. Ramirez stated that members that participate on the AHAC can be from anywhere in South Florida. The do not have be a resident of Boynton Beach. They need to have experience in the category that they are representing. For instance, a person that will represent as an advocate for low income person will have to have some sort of experience working with people that are low income persons. Mayor Grant stated that there was a walk on applicant for the AHAC. Motion Commissioner Romelus nominated Sari Vatske as the advocate to low income persons to the AHAC. Commissioner Penserga seconded the motion. The motion passed unanimously. Motion Commissioner Penserga nominated Dr. Stephanie Hayden-Adeyemo as the representative of essential services personnel to the AHAC. Commissioner Katz seconded the motion. The motion passed unanimously. Motion Commissioner Katz nominated Kevin Fischer as the citizen serving on the local planning agency to the AHAC. Commissioner Penserga seconded the motion. The motion passed unanimously. Commissioner Romelus inquired about her term on the AHAC does it expire once she is out of office. Mr. Ramirez responded since the position has to be filled by an elected official her term on the board will be terminated once she is no longer an elected official. Commissioner Romelus asked if the Committee will be meeting on a quarterly basis. 14 Meeting Minutes City Commission Boynton Beach, FL September 8, 2021 Mr. Ramirez replied that it will take at least three meetings and he is hoping that once there are at least eight members of the committee, which is the minimum required by Florida statue, is to get those meetings going as soon as possible and to have those incentives by November the latest, a report is due on December 31St. Commissioner Romelus inquired how many more vacancies need to be filled. Mr. Ramirez responded that there are six vacancies left and that two more need to be filled to meet the minimum requirement of eight members to have the first meeting. Commissioner Romelus asked what is the quorum minimum. Mr. Ramirez replied he believes six. He will check on that and let Commissioner Romelus know. Motion Commissioner Katz nominated Frando Patterson as a regular member to the Recreation and Parks Board. Commissioner Romelus seconded the motion. The motion passed unanimously. Item 12 B heard out of sequence Proposed Resolution No. R21-117 - Approve requested modification to Development Order related to Riverwalk Plaza Project File MSMP 16-002 and subsequent amendments thereto. Michael Weiner, on behalf of the applicant, stated that the work began as far back as 2016 for the approval of the Riverwalk residential project. The project was part of a mixed-use project owned through various entities. One of the unique features of the project was the use of the City's progressive ordinance on mixed-use parking that allowed the project to be configured without fields and fields of asphalt. The ordinance had a fail-safe method that if parking was congested an additional parking facility would be built above the retail shops. Approvals were given, documents were recorded everything went into effect. Then of course came the time for the construction of the 10 -story building that you see going up now the residential portion of the building and a construction loan was obviously necessary. In order to obtain that loan and we discussed it at previous meetings it was important to the construction lender that it takes security only in the residential property because it did not want to deal with the commercial property and its tenants. That also was approved. However, the construction lenders come back and they do not want the direct borrower that is the owner of the residential property to be liable for the construction of a parking garage which is not on their land it is on the commercial land. To make their displeasure known with this they have continued to talk to us about construction draws they have cut back on the amount they are 15 Meeting Minutes City Commission Boynton Beach, FL September 8, 2021 looking to fund a contingent liability. That has made the swift completion of the project very difficult. The solution is to make another entity responsible for the parking garage and it can only be an entity that is not the residential project itself. If the direct borrower is liable that is what makes the bank complain. He felt that the City would be comfortable if you could release the residential owner but you would have a bigger entity, an entity that had more assets as the guarantor of building that parking garage over the commercial property if and when it was necessary. That guarantee could be made by the parent company. The parent company owns both the residential property and the commercial property it's the entity that is the top but for the bank's purposes as long as they do not have to see the residential property as the first company liable for the parking garage they are happy. They do not care who builds the parking garage they just cannot have this contingent liability under their mortgage on property that they do not own. He thinks the City will have a better guarantee than you ever had before. You are going to have a company which has more assets than the company it is replacing and which will promise to build this particular garage if and when it might be needed. Shaul Rikman, Isram Riverwalk, LLC, stated that by doing this the City is will be getting a better guarantor than current one and at the same time resolve the issue with the lender. The entity that he is proposing has 10 times the net worth of the entity that you have today. We are not walking away from anything it is a question of technicalities. Mayor Grant asked if Isram Riverwalk, LLC is the current entity on the construction loan. Mr. Rikman replied that Isram Residential, LLC is the entity on the construction loan. Commissioner Penserga asked for clarification on the bank's concern and what has changed to make it an issue. Mr. Weiner replied that getting a construction loan for tower was a difficult proposition. We found somebody who would give us a construction loan but in doing so they said to us we are construction lenders all we want to do is build a tower we want to build that residential property. If we foreclose we do not want to get subordinations from your tenants we do not want to have responsibilities. This is what lenders do each and every time they underwrite a law they cannot help it. We went through the doomsday scenarios and they checked every box and they were happy but they said we do not want to deal with your tenants. The land was separated in March and the bank was happy at that point. There are a lot of documents in the record he cannot say that they keyed in on this and maybe we should go back and wag our finger at the bank and say you knew about this. Why are you giving us a headache now? Why are you embarrassing us by having us come back here again? That getting a construction loan for tower was a difficult proposition. We found somebody who would give us a construction loan but in doing so they said to us we are construction lenders all we want to do is build a tower we want to build that residential property. If we foreclose we do not want to get subordinations from your tenants we do not want to have responsibilities. This is what lenders do each and every time they underwrite a law they cannot help it. Their doomsday that's it that's what we have to do. We went through the doomsday scenarios and they checked every box and they were happy but they said we do not want to deal with your tenants. The land was separated 16 Meeting Minutes City Commission Boynton Beach, FL September 8, 2021 in March and the bank was happy at that point. There are a lot of documents in the record he cannot say that they keyed in on this and maybe we should go back and wag our finger at the bank and say you knew about this. Why are you giving us a headache now? Why are you embarrassing us by making us go back to the City again? They have done it by saying well look you know you are going to get construction draws but we have this contingent liability out there and we have it on some land that is not ours. We are worried about this and we are a regulated institution, bad things will happen to us if we do not do something about this. Maybe we are not going to give you a construction loan or we are going to hold back a significant portion of it just in case this happens. The whole conversation is sort of silly because it cannot happen unless the tower is built but logic does not work with bank regulators. They said no you go back and talk to the City about this. We said we are not going back to the City about this because we made a promise. Mr. Rikman said I have a company that not only owns all of Riverwalk not only owns the other company but owns other assets if that company guarantees it he knows that he is giving a good a promise if not a better promise and then the bank does not have to do anything with respect to setting things aside or looking at a contingent liability that is not on their property. Mayor Grant stated that basically the bank is withholding money that you are paying interest on, that is an incentive for the lender. In addition, they are also withholding the construction draws which you are paying interest on. There are incentives for the lender to do this and they found a way. This is why we are here now where it is a contingency that only applies until after the building is built so it does not affect anything that has to do with construction loan but they said it does and because they have the money. Motion Commissioner Romelus moved to approve Resolution No. R21-117. Commissioner Penserga seconded the motion. The motion passed unanimously. Commissioner Romelus inquired about the ribbon cutting. Mr. Rikman replied the middle of October the first floor will be poured and then 12 to 18 -months to complete. B. Consider rescheduling the November 16, 2021 City Commission Meeting to Monday, November15, 2021 due to the Commission attending the National League of Cities City Summit. Motion Commissioner Katz moved to approve. Commissioner Penserga seconded the motion. The motion passed unanimously. 6. Consent Agenda 17 Meeting Minutes City Commission Boynton Beach, FL September 8, 2021 Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. Legal Expenses - July 2021 - information at the request of the City Commission. No action required. B. Proposed Resolution No. 21-107 - Approve and authorize the Mayor to sign an Assignment, Assumption and Consent to the Ground Lease between the City of Boynton Beach and FH Quantum, LLC to allow for the assignment of the lease to 3301 Quantum Owner, LLC, a Delawarelimited liability company, the new building owner. Mayor Grant pulled item Mayor Grant stated that he did not know that there was a minor site plan modification that would take away part of the pond to put in parking. He was upset because staff did not notify the Commission of the minor site plan modification. There was a lot of environmental damage done, that he was not aware of. He reviewed the language regarding the assignment and it says that we are to assign it however, there is no clause that says we have to assign it. City Attorney Cherof stated that is correct. Usually in assignment provisions it would have a clause that says that a request can be made and the approval should not be unreasonable withheld. This particular provision is more stringent than that and the City can withhold approval for any reason. Mayor Grant reiterated that he is not happy about the environment damage that was done. We can require a payment for the assignment. City Attorney Cherof commented that there is no provision in the agreement with respect to payment for assignment therefore it is an open issue. Commission Penserga stated that he does not understand the fundamentals of this request. Why is this even happening and why is this happening now? City Attorney Cherof suggested that Andrew Mack, Assistant City Manager give the background on the project. Andrew Mack, Assistant City Manager, stated that in 2019 the City received a request working through the business development board to relocate a business into the City. As part of that incentive and development process the City worked with the current owners to have their parking expanded in order to make that facility work this new business that bringing $65,000 18 Meeting Minutes City Commission Boynton Beach, FL September 8, 2021 jobs into the City. The City decided to work with them to provide additional parking. They needed it to facilitate the center that was coming in which was NYU Langone Health. During that process staff brought back two items to the Commission one was to transfer a portion of a track which is the one the Mayor was talking about which is a small portion of the water management track that is adjacent to the parcel and that was done to help construct some on- site parking adjacent to their property. All the environmental permitting everything that was done for that was done with in accordance. They also d they did the parking on the City side as well. They expanded the storm water drainage to compensate for what they took away on the side that is next to the building that is there now. The owners reached out to me they have an interested buyer that would like to acquire their property but in order for it to keep the tenants and the property they need to assign their interest in the parking agreements that we have with the current owner. that brings us to today where the applicant or the assignee is the developer asking us to assign it to their new buyer in order to facilitate a transaction on this particular parcel. Commissioner Penserga asked who is the new buyer. Joshua Schrager, FH Quantum, stated that FH Quantum acquired the building in 2017 when it was empty. The City occupied space in the building for about what two years. Then we brought NYU in and they wanted to take the whole building. Their request was that they needed 700 parking spaces the existing parking field was 400 parking spaces. We needed a net increase of 300. Talking to the existing Assistant City Manager at the time suggested an idea to relocate some of the storm water and that was in the footprint of the vegetation that the mayor has some objections to but that was that was actually the Assistant City Manager's idea. We basically were provided with an idea we turned to Kimley Horn who we understood was the preferred engineer of the City. They said okay we can do this and we did it. There were additional vegetation requirements that were required of us to put back in into place. He is a little perplexed by the objections. Mayor Grant stated that the Commission was showed the property north of the Quantum Boulevard. Mr. Schrager commented that there were two resolutions. Mayor Grant remarked that the Commission was told one thing. He did not see that it was the two tracks of land, he was always under the impression it was just the property to the north. It was staff's idea to move this water management area and make it a little bit smaller without finding another place for that water management. Mr. Schrager stated that he does not believe that is correct. There was new water management on Miner Road that was excavated to mitigate for the loss of the storm water area which is where the parking lot was extended. Mayor Grant inquired if that was part of Lake Webster. 19 Meeting Minutes City Commission Boynton Beach, FL September 8, 2021 City Manager LaVerriere replied yes there was one transaction that the staff first did which was the water management track that the Commission approved. The area is not an affect storm water area but a collector of trash and problems. It was not meant to be a filtration area. It was deemed that we could get better storm water by mitigating the pond along Miner Road to allow for storm water storage and to replace what was removed. Everything was done per permit, it was approved by the Commission. The second transaction was parking lot plan with McGillacuddy allowing for additional parking. City Attorney Cherof stated that the City Manager is correct. This did not come before the Commission as one unified series of events this was spaced out. The first item that the City Manager referred to was approved by the Commission in September 17th. The second item was presented to the Commission on October 15th. There were two separate presentations. Mayor Grant stated that when the property was re -mitigated there is a section where no plants or landscaping was surrounding that pottery of water. City Manager LaVerriere commented that no additional trees were planted. Mayor Grant remarked that he is requesting money from the sale to be put into the sustainability fund to help new plants around the area that was dug up. Mr. Schrager stated that we would be open to that. The owner of the building FH Quantum has a lease obligation with New York University that obligation requires us to provide 700 parking spaces. The owner of the building must be the own the lassoer of the spaces which are in the Eco Park that affords the current building owner the right to use those parking spaces during business hours Monday through Friday nine to five. What we are asking for is to transfer the building that you would assign the lease with us to the lease of the new building owner so that they can fulfill their obligations to NYU and their employees. The buyer is a company called Apex they are a real estate investor based out of Philadelphia. What is the contribution that the City is asking for? Mayor Grant replied that the number that he had in mind was $10,000. Mr. Schrager stated that he can speak on behalf of the owners and they would agree with that. Commissioner Romelus suggested that from this a policy should be developed and put in place. City Manager LaVerriere asked if the area is controlled by South Florida Water Management District. Assistant City Manager Mack responded that the City did the permitting through the South Florida Water Management District. They would have commented if any mitigation required and would have been part of the permits. 20 Meeting Minutes City Commission Boynton Beach, FL September 8, 2021 Commissioner Penserga inquired if there have been trees planted along the expanded area to block any of the light pollution. Assistant City Manager Mack stated he believes that part of the project they had to install shrubs to block light pollution. Commissioner Penserga stated that he does support the Mayor's request as well as Commissioner Romelus' request for a policy. City Manager LaVerriere asked if the money should be directed to that area only. Mayor Grant replied that majority of the money is designated for that area, he does not believe all the money would be used. Commissioner Katz commented that all the money should be spent in that area. If the dollar amount is to high then the City should not be asking for $10,000. Mayor Grant inquired if FH Quantum is fine with the money being spent within the City. Mr. Schrager responded that they are fine with anything that the City does with the money. Mayor Grant agreed with Commissioner Katz the money will be spent within that area. Motion Commissioner Romelus moved to approve as amended. Commissioner Katz seconded the motion. The motion passed unanimously. City Manager LaVerriere inquired if NYU is occupying the whole building now. Mr. Schrager responded that NYU is 75% of the building. ACG has a lease until May of 2022. Once ACG is gone they will complete the reaming quadrant and NYU will take over at that time. Commissioner Penserga inquired if the aerators have been replaced. Assistant City Manager Mack replied that they were repaired under warrantee and they are in the process of being reinstalled. C. Accept third quarter report on operations of the Schoolhouse Children's Museum and Learning Center for FY20/21. D. Approve an $18,000 increase to CK's Lockshop for specialized Medco keys, locks, and hardwareas a sole source vendor from $34,000 to $52,000. 21 Meeting Minutes City Commission Boynton Beach, FL September 8, 2021 E. Proposed Resolution No. R21-108 - Amend the FY 2020-21 budget, which will adjust budgeted appropriations and revenue sources and provide spending authority for the Fleet Fund (501) forapproved FY 2020-2021 Fleet purchases. F. Approve a $19,000 increase to RDK Truck Sales for original equipment manufacturer approved service and repair on GS product vehicles and equipment as a sole source vendor from $30,000to $49,000. G. Proposed Resolution No. R21-109 - Approve and Authorize the Mayor to sign Subrecipient Agreements for the Community Development Block Grant - Corona Virus Cares Act. Allocations 1 & 3; as adopted in resolution R21- 092, for the FY 2019 CDBG Consolidated/One Year Action Plan Amendment. H. 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 September 8, 2021 - "Request for Extensions and/or Piggybacks." Proposed Resolution No. R21-110 -Approve minor changes to an agreement with The Florida International University Board of Trustees on behalf of its Metropolitan Center for the purpose of Economic Development Plan services. J. Approve minutes from the Special City Commission meeting on August 10, 2021 and regularCity Commission meeting on August 17, 2021. W,1511=11 Vice Mayor Hay moved to approve the remainder of the Consent Agenda. Commissioner Penserga seconded the motion. The motion passed unanimously. 7. Consent Bids and Purchases Over $100,000 A. Proposed Resolution No. R21-111 - Approve and authorize the City Manager to sign a letter of Agreement (LOA) with the Agency for Health Care Administration (ANCA) for the State Fiscal Year 21-22 Public Emergency Medical Transportation - Managed Care Option Program. B. Award task order F-16-2021 Utilities Equipment Canopies, based off Bid No. 018-2511-18/IT for Minor Construction Services, and authorize the City Manager to issue a Purchase Order to RPM Contractors, Inc. as the 22 Meeting Minutes City Commission Boynton Beach, FL September 8, 2021 lowest responsive, responsible bidder in the not to exceed amount of $186,380.00. C. Approve the one-year extension for RFPs/Bids and/ or piggybacks for the procurement of services and/or commodities as described in the written report for September 8, 2021 - "Requestfor Extensions and/or Piggybacks Over $100,000." D. Proposed Resolution No. R21-112 - Authorize the City Manager to sign an Agreement utilizing the City of Bradenton, Florida RFQ #18-07 with Nue Urban Concepts LLC. for professional services for the implementation of a Complete Streets Mobility Plan with an estimated expenditurenot to exceed $125,125. The City of Bradenton's procurement process satisfies the City's competitive bid requirements. Motion Commissioner Katz moved to approve Consent Bids and Purchase of $100,000. Commissioner Romelus seconded the motion. The motion passed unanimously. 8. Public Hearing 6 p.m. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local PlanningAgency and City Commission. 9. City Manager's Report A. Update the City Commission on the Boynton Beach American Rescue Plan Act (ABPA) Community Engagement Plan by John Durgan, Economic Development Manager. John Durgan, Economic Development Manager, gave a presentation on the update of the American Rescue Plan Act. Mayor Grant suggested reaching out the schools and having them add this to their newsletters. Vice Mayor Hay asked the Mr. Durgan to contact Pastor Dames. Mayor Grant stated that he Jessica T. White via GoToWebinar inquired how to receive the American Rescue Plane Act (ARPA) newsletter. City Manager LaVerriere suggested that Ms. White emails the ARPA page. 23 Meeting Minutes City Commission Boynton Beach, FL September 8, 2021 Mr. Durgan stated that the email address for ARPA is arr)a bbfl.us. City Manager LaVerriere commented that the City has a listing of the non -profits through Business Tax Receipts and the Marketing Department. Mayor Grant inquired if the email addresses are captured through Business Tax Receipts. Saleica Brown, Development Service Manager, stated that the Business Tax Receipt application is done electronically therefor email addresses are captured for all of the businesses in the City. Mayor Grant inquired if people can opt in or out for receiving the City newsletter. Ms. Brown replied that they cannot opt out the will automatically receive a newsletter. Mayor Grant clarified that it is an automatic opt in and the business would have to unsubscribe. Ms. Brown replied that is correct. Mayor Grant commented that Jessica T. White commented via GoToWebinar and she would like to provide sexual abuse prevention course through ARPA Programing. Mr. Durgan stated that Economic Development will be tracking the request and suggestions that will be provided to the Commission at a later date. B. Update on Election Polling Places for the March 2022 election. Crystal Gibson, City Clerk, gave an update on Election Polling Places for the March 2022 election. The Commission requested that staff look into moving polling locations that are currently in schools to other locations throughout the City. There are seven schools that are assigned in the City that make up nearly 30 percent of the City's total registered voters. Per the Florida statute schools, libraries, municipal parks and facilities they do not have the option to decline to let the City use their facilities. However, if the City was trying to move those precincts to other locations like a privately -owned facilities, churches, or neighborhood clubhouse they have the ability to opt out and often do. There are concerns that these places may not allow the use of their facilities if they are assigned to have more precincts than they are used to having. The schools are accustomed to being polling locations used by the supervisor of Elections for all the County elections and have procedures already in place for separation and safety of voters and students. They are not mingled at all she thinks a concern was about Covid. The Supervisor of Elections Office's (SOE) office is prepared to be at the Commission meeting on October 5t" to talk about that in more detail if the commission would like. Given that there will be an increase in the amount of the election if we were to move those polling locations to an estimate of about $25,000. Historically moving locations in 24 Meeting Minutes City Commission Boynton Beach, FL September 8, 2021 consolidating precincts may have a decrease in voter participation among those that are affected. Staff does not recommend changing the polling locations from those that are already assigned by the County Supervisor of Elections. Commissioner Katz, commented that he knows that the School District does not have any objections to their facilities being used. He feels that there will be a grant chance of confusion with people going to the wrong locations. He is comfortable leaving the precincts as they are. Mayor Grant stated that there are some schools that have a very high percentage of voters. He noted that St. John Baptist Church has only six voters. City Clerk Gibson stated that St. John Baptist Church has multiple precincts; one of the precincts has over 2,300 voters. Mayor Grant asked if Boynton Beach High School was still a polling location. City Clerk Gibson responded yes, precincts 3172 and 3176. Mayor Grant stated he would still like to move the polling locations with smaller number of voters. Commissioner Penserga inquired what was the purpose of doing this. Mayor Grant replied it is the same purpose as before. So that the City is not interrupting the school day. Vice Mayor Hay inquired if the Mayor has received complaints from the schools. Mayor Grant responded that he is not going to say that they complained, he heard that it was not the best day for the school. Commission Penserga stated that he would like something directly from the schools. If the City was receiving complaints from the School Administration that would place greater weight on his decision. For now, he cannot support this, he does not want to reduce voter participation. Mayor Grant stated that he does not put voter turnout at a high level. The fact that more people are using mail in ballots, the argument that it is going to deter voter turnout does not have much weight. This is only for the City election; originally the City was relying on the SOE voter registration cards there is no additional cost. City Clerk Gibson stated that just the postage for the voter registration cards would be over $16,000. Mayor Grant inquired if the $16,000 was just for this election and that the City would have to 25 Meeting Minutes City Commission Boynton Beach, FL September 8, 2021 pay it again for the next election. City Clerk Gibson stated that is correct. The SOE is going to continue using the school polling locations, even if the City does not. There would be a cost every City election to keep this change. Commissioner Romelus commented she wished they knew that before going down this path. She did not realize that the voting locations would only change for the City election and that all county voting location will remain the same. Commissioner Katz noted that the municipal elections cycle in a nonpresidential primary year is the only election day that the schools do not shut down for students. The August Primary and the November General election students do not go to school on those days to limit the amount of traffic. Commissioner Romelus commented that what Commissioner Katz just noted helps her let this go. Vice Mayor Hay asked should we get input from the SOE on this issue. Mayor Grant stated he is going end this conversation because there is a majority not to make any changes. Vice Mayor Hay stated he would like the historical data. Mayor Grant asked that City Clerk Gibson provide the historical data for the 2020 General election on how many people voted in person versus mail in ballot. City Clerk Gibson stated that in the 2020 election 1,700 people voted early, and 15,000 mail in ballots. Mayor Grant clarified that he was asking for the General election numbers. Commissioner Romelus suggested that the City Clerk email the information to the Commission, she feels there is no reason to have this discussion on the agenda again. C. Development Department staff will provide a brief update to the City Commission on communityoutreach initiatives for Building Division services. Saleica Brown, Development Service Manager, gave a brief update on community outreach initiatives for the Building Division Services. Mayor Grant thank Ms. Brown for all of her hard work. He inquired how is the home-based business being handled since the legislative change. 26 Meeting Minutes City Commission Boynton Beach, FL September 8, 2021 Ms. Brown replied that the home-based business affidavit has already been updated to be business friendly. She did a comparison to the Village of Wellington they are also allowing the additional person. The home-based business is two people in a house and one person that does not reside at the home. Adam Temple, Development Director, stated that the Development Department will have a series of land development regulation updates that will be presented to the Commission in the future. One of them being home-based business we are targeting the end of this year when we have the sign code. City Manager LaVerriere stated that the legislative changes have affected the department, staff will be providing a list of those changes to the Commission. Mayor Grant inquired when will the ordinance be signed. Mr. Temple stated that the ordinance has been added to the next agenda as a future agenda item we are targeting for a November date. Commissioner Penserga inquired if the new system tracks how long the application is in the system. Mr. Temple replied that phase one was launched at the end of May and phase two will be launched the end of September. Part of phase two has an advanced metrics and reporting structure that we will have access to and next month he will be reporting the metrics to the Commission. D. Authorize the use of ARPA funds (up to $60,000) to partner with Pathways to Prosperity and the Center for Health Promotions, LLC to hold a vaccination event at the Ezell Hester Center on Saturday, September 18, 2021 in conjunction with the Boynton Beach Bulldogs Football event. City Manager LaVerriere stated that she had received a telephone call from Kemberly Bush with Pathways to Prosperity (P2P) to discuss partnering vaccination events. P2P has a partnership with the Center for Health Promotions which is an initiative to educate the black communities and have them feeling safe on receiving the vaccination. She has met with police, fire, recreation and parks, Dr. Reynolds and Ms. Bush and they are discussing having the event on Saturday September 18t", in the Hester gym which will provide space for everyone. The event would entail utilizing ARPA funding to provide $100 gift cards to those that get vaccinated. The second vaccine event would be on October 15t". P2P will be providing staffing to assist with the registration. If this approved tonight we have post cards regarding the event and will be distributed throughout the community. Kemberly Bush, Pathways to Prosperity (P2P), stated that Dr. Reynolds and his team have 27 Meeting Minutes City Commission Boynton Beach, FL September 8, 2021 been very successful in Miami. This is an opportunity for the whole Community. She believes that the $100 gift cards will encourage those who are on the fence about being vaccinated to be vaccinated. Incentives for the vaccine are happening all over the Country to produce larger turn out. She is very excited for the event. Mayor Grant stated that he does not want people getting extra dosages of the vaccine to get the gift card. He inquired how will the City keep this from happening. Ms. Bush replied that they asked the same question and were informed that there is a tracking system of those who have already been vaccinated. Mayor Grant inquired if tracking was done by social security number. Mr. Durgan replied that the Fire Department tracks the information by date of birth, first and last name. Social Security number is never asked for. Mayor Grant asked why is this not being done throughout the City. City Manager LaVerriere responded that this the first incentive vaccination event. Ms. Bush stated that Dr. Reynolds is will be available as many times as the City wants him to be. Mayor Grant commented that there should be an event in all Districts in central locations. Vice Mayor Hay remarked that he is excited about the event and that the City has to do what it has to get people vaccinated. Commissioner Penserga commented that this is an excellent idea. The idea of having an African American doctor be the face of the campaign, the Community will be able relate better. Motion Commissioner Romelus moved to approve the use of ARPA funds (up to $60,000) to partner with Pathways to Prosperity and theCenter for Health Promotions, LLC to hold a vaccination event. Commissioner Penserga seconded the motion. The motion passed unanimously. 10. Unfinished Business — None A. Proposed Resolution No. R21-113 - Approve and authorize the Mayor to sign an Interlocal Agreement with the CRA for 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. 28 Meeting Minutes City Commission Boynton Beach, FL September 8, 2021 Motion Commissioner Katz moved approve Resolution No. R21-113. Commissioner Romelus seconded the motion. The motion passed unanimously. B. Proposed Resolution No. R21-114 - Approve and authorize a second addendum to the Franchise Agreement with FLSC, LLC., for a textile recycling program and designate an allocation and use of funds policy for this contract. Mayor Grant suggested tabling the item because the vendor was not present to answer any questions. He also inquired about the termination date of the agreement. Ms. Frederiksen, stated that the agreement expired in the beginning of August and FLSC has been on a month to month agreement since then. Motion Commissioner Katz moved to table Proposed Resolution No. R21-114. Commissioner Romelus seconded the motion. The motion passed unanimously. 11. New Business A. Proposed Resolution No. R21-115 - Review, Select, Award and Authorize the City Manager to sign an agreement, subject to City Attorney approval, with the awarded University for the purpose of updating the geographic boundaries of City Commission Voting Districts in the City of Boynton Beach. W,1511=11 Commissioner Romello's moved to approve Florida Atlantic University (FAU) as the authorized awardee. Vice Mayor Hay seconded the motion. The motion passed unanimously. Mayor Grant inquired if the redistricting will affect the March 2022 municipal election. City Attorney Cherof replied he believes the answer is no he will confirm that. Mayor Grant stated that is based on the qualifying period not when the City is redistricted. Vice Mayor Hay requested the district boundaries be more of straight line rather than zigzagged. City Manager LaVerriere commented that there will be options. FAU will be meeting the Commission to discuss options. 29 Meeting Minutes City Commission Boynton Beach, FL September 8, 2021 B. Proposed Resolution No. R21-116 - Approve the consolidation of the Planning and Zoning applications and incorporating a Developer's Agreement requirement. City Attorney Cherof noted that the agreement provides two options to the one is to establish the development agreement criteria as a policy and there is a resolution that would do that in the backup to expedite that part of it. It also provides the option of the Commission establishing that criteria by ordinance. Not to say you could not do both, you could move forward with adopting a policy tonight and you could later return to etch it in stone by ordinance. Adam Temple, Development Director, stated that the planning staff is has consolidated their 20 plus applications into three applications major minor and relief applications. Under the major application there is a paragraph indicating the developer's agreement option. Mayor Grant clarified that the major applications would come before the Commission whereas the minor application and relief application would not. Mr. Temple stated that staff simplified all of the applications for the benefit of the customer. Commissioner Penserga stated that he is happy to see that the applications have consolidated to only three applications. He would like to discuss part two of the City Attorney's memo. There are great things that the Commission could talk about. One of the ideas he would like to discuss is that the City hires outside counsel who specializes in complex and unique real estate transactions. Another good practice that we should probably have is when we make development agreements we should talk about what conditions can terminate our options to repurchase we want to make sure those conditions are stringent and reasonable. City Attorney Cherof agreed there are two parts being decided. Section two of the resolution part one is that the City commission accepts staff's recommendation regarding consolidation of the planning and zoning applications and establish minimum requirements for development agreements. He suggested that a period be place after applications and delete establish minimum requirements for development agreements. Then conclude the next sentence the basic provisions to be included in the development agreement are set forth in my memorandum copy which is attached to this resolution which shall be returned to the commission in the form of an ordinance for discussion and adoption. We are moving part of it forward tonight which is the staff's recommendation regarding the consolidation of the application forms and then return and go into the details that the Commissioner has discussed in the form of an ordinance. Which gives you two opportunities to discuss that. Mayor Grant stated that he would like a presentation on the new application and what has changed. Motion 30 Meeting Minutes City Commission Boynton Beach, FL September 8, 2021 Commissioner Katz moved to approve Resolution No. R21-116. Commissioner Romelus seconded the motion. The motion passed unanimously. 12. Legal A. Pursuant to Section 286.011(8), Florida Statutes, the City Attorney is requesting a private attorney-client session of the City Commission to discuss pending litigation in the following case: RONALD RYAN, Plaintiff, vs. CITY OF BOYNTON BEACH, FLORIDA, a local municipality, Defendant — Palm Beach County Circuit Court Case Number: 502016CA007514-XXXX-MB Attorney Cherof requested pursuant to statute for a closed -door session on the Ronald Ryan, Plaintiff versus City of Boynton Beach, Palm Beach County Circuit Court, he would need about 45 minutes. A closed -door session will be held at 4:30 p.m. prior to the City Commission meeting on September 21. B. Proposed Resolution No. R21-117 - Approve requested modification to Development Order related to Riverwalk Plaza Project File MSMP 16-002 and subsequent amendments thereto. Item was pulled and heard earlier. 13. Future Agenda Items A. Staff will prepare options for the Commission's consideration for handling Letter's of Intent on City owned properties - September 21, 2021 B. Staff report to the City Commission on use of ARPA funds for premium pay. - September 21, 2021. C. Discuss holding a Commission workshop in November 2021 to update the City Commission on public input and identified needs, and establish priorities for use of the ARPA funds. - September21, 2021 D. PBC Supervisor of Elections Wendy Link to provide information on polling place safety precautions due to COVID-19 and the ballot format for the March 2022 election. - October 5, 2021 E. The PBC School District and the Education Foundation of PBC will provide an update to the CityCommission on the Digital Inclusion Program - October 5, 2021. 31 Meeting Minutes City Commission Boynton Beach, FL September 8, 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 H. Discuss process and estimated costs for a Recreation and Parks Bond Referendum Question inAugust 2022 — TBD I. Discuss letter of intent from Alan Sperling, LLC to purchase Leisureville parcel - TBD 14. Adjournment There being no further business, Mayor Grant adjourned the meeting at 9:58 p.m. CITY OF B• TON B ACH ‘ i // I ', ayor - Steven B. Grant .,V,,,d,,,4(4i Vice Mayor—Woodrow L. Hay A **# Co --inner •:AO at .a OIA rti IP" - Commission?'— hristi a L. Romelus 1-. i Co y,�;;�:, -r y Penserga ATTEST:La der - 4.7%,-,-4_, / 1 C •stal Gibson, MMC, City Clerk i A l rii.rilA•/ 1 1 iii ' __di Tammy Stanzi'ne, Deputy ity lerk 32