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Minutes 09-21-21Minutes 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 Tuesday, September 21, 2021, at 4:30 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 4:30 p.m. B. Roll Call City Clerk Gibson called the roll. A quorum was present. Lori LaVerriere, City Manager James Cherof, City Attorney Crystal Gibson, City Clerk Closed -door session on Tuesday, September 21, 2021, beginning at 4:30 p.m., for a private attorney-client session 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-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. Upon return, the regular City Commission meeting shall begin. The meeting recessed at 4:32 p.m. Mayor Grant reconvened the meeting at 5:30 p.m. Invocation by Pastor Randy Patterson, Seacrest Presbyterian Church The Invocation was given by Pastor Randy Patterson of Seacrest Presbyterian Church. Pledge of Allegiance to the Flag led by Commissioner Katz. Meeting Minutes City Commission Boynton Beach, FL September 21, 2021 Agenda Approval: Additions, Deletions, Corrections Mayor Grant received an addition from Commissioner Penserga, which will be listed under Agenda Item 5C. Since the National League of Cities Conference in Salt Lake City was cancelled and is now a virtual conference, there will be discussion with the City Manager to reschedule the November 15, 2021 City Commission meeting back to Tuesday as Agenda Item 9B. 2. Adoption Motion Motion duly made and seconded to approve the agenda as amended. The motion passed unanimously. 2. Other A. Informational items by the Members of the City Commission. Vice Mayor Hay disclosed that he had an opportunity to work with Feeding South Florida on September 9, 2021. The 9-11 celebration was held at the Towne Square Amphitheater. Thursday, September 16, 2021, was Yom Kippur, and his wife's birthday. He had the pleasure of teaching a class called "The Day of Atonement", and yesterday was his birthday. Commissioner Romelus suggested everyone check out an informational documentary called "Treading Point" on Netflix. Mayor Grant disclosed that he attended the Literacy Coalition of Boynton Beach; kick-off week is October 28, 2021. After speaking with Mr. Longwood, it was determined there is more of a need for Affordable Housing in Boynton Beach. He also met with the American Academy and provided a tour of the City. It was the 20th Anniversary Remembrance of 9- 11 and he received a request from Human Rights Media to talk about his speech on 9-11 where he went into the history of Afghanistan as well. On September 12, 2021, he went to Kendall for Mexican Independence Day, and on September 15, 2021, the Downtown Business Coalition had a meeting at the Mayor's Office at which time different upcoming events were discussed. He encouraged small business owners to get involved and if they can contact David Scott for more information. September 16, 2021 was Yom Kippur. Today he was at the Palm Beach State College Campus to welcome the new Co -Host, Van Williams. He would like to partner with them for other platforms if there is space, so they can get more programs from Palm Beach State College in Boynton Beach. B. Conduct Second Public Budget Hearing for FY 2021/2022 Final Millage and Meeting Minutes City Commission Boynton Beach, FL September 21, 2021 Tentative Annual Operating Budget. Mayor Grant opened Public Comments to see if there were any questions. James Cherof, City Attorney, read the following Proposed Resolutions: Proposed Resolution No. R21-119 — Adopt the FINAL millage rate for the General Fund for Fiscal Year 2021-2022. Proposed Resolution No. R21-120 —Adopt the FINAL Budget for the General Fund and all other funds for Fiscal Year 2021-2022. Gary Fishman, 3504 Diane Drive, Boynton Beach, Florida, commented on the canal and culvert issue and thought the culvert issue should be part of the Budget at some point between the streets of Diane Drive and Southlake Drive in Boynton Beach. It appears that the City and County could assist the State and Florida, Fish, and Wildlife to take the required responsibility. He noted that this could be paid by the State, but they need help. Previously, there was reference to the fact that the County was somehow involved in trying to get this resolved, but when he spoke to the County, they did not know anything about this. He would like to get the names Commissioner Romelus referred to the City Attorney, who stated there were communications with the County. They want to find a way to work with the County because they are a part of the system to drain Lake Ida. City Attorney Cherof indicated that the canal is a separate Budget item. They listened to Mr. Fishman's comments at the last meeting and have begun the process of reaching out to both the State and County to see if funds are available. If available, they could be used as a substitute or reimbursement for any assessments collected. City Manager LaVerriere commented that she told Mr. Fishman that the City Attorney worked with the County Attorney's Office to set up a special assessment. She stated she would email him a list of names. City Attorney Cherof mentioned if anyone would like documents at the end of the year, Public Record Requests are available through the City Clerk's Office and through the website. Bernard Wright, current candidate for Mayor, 713 NW 2nd Street, Boynton Beach, questioned if there was any money in the Budget for speed bumps in various areas of District 2, especially on NW 4t" Street and NW 2nd Street. He stated there are no sidewalks on NW 4t" Street near the school and he would appreciate if this could be placed on the Budget, so it could be done as soon as possible. Mayor Grant questioned if there was money in the Budget for traffic calming measures. City Manager LaVerriere replied yes, but she did not know the number. With the new Meeting Minutes City Commission Boynton Beach, FL September 21, 2021 Drive Safe Program, she guessed it was around $40,000 or $50,000 for the calming tool. She questioned if those areas have been reported. Mr. Wright advised that he reported the areas in the past, but not recently. He also mentioned marketing and commented that some type of electronic system is needed to inform people of things, not just in District 2. His platform is talking about change for people and bringing in the community. He suggested putting that in the Budget. Mayor Grant thought that was an aspect the marketing budget needs to build social media influences. The City has their own influencers in Boynton Beach and this is the 21St Century marketing because not everyone reads the newspaper anymore. Regarding Mr. Wright's question, he would be happy to give to businesses who are licensed in the City. They want to make sure the City's message is being promoted and this is not limited to District 2 events, they need to make sure they are reaching out to all Boynton influencers to get everyone to their events. Mr. Andres,106 NE 7t" Avenue, Boynton Beach, commented that Mr. Wright mentioned everything they were looking for. They are an entity of Boynton Beach and are always passing out literature; their company would like to be compensated by the City. They are going to be on Beachwalk on September 25, 2021. Mayor Grant questioned what Mr. Andres was trying to start up. Mr. Andres stated they are trying to start a Jazz Peace Festival where people bring chairs out between 6:00 p.m. to 10:00 p.m. City Manager LaVerriere thanked Mr. Andres and noted they have had a lot of one-on- one talks. She appreciated his work and diligence in advocating for the community. Vice Mayor Hay told the gentlemen to keep up their good work. He was glad to see the community, City Boynton Strong, and other organizations working together. He extended a challenge for them to call him more often because sometimes he gets misdirection on what is going to happen and when he shows up there is nothing there. Ernest Mignoli, 710 NE 7t" Street, Boynton Beach, commented that after listening to a few meetings, a lot of people are talking about crime and a City that seems to have safety services in certain areas but not in other areas. He questioned where there was something in the Budget for the public, the 80,000 people who live here, to be part of some type of City Oversight Board, so they could come together and discuss what is being done and conditions within the City. He expressed concern that there was not enough Budget because when trying to reach Fire, Police, or the City; there is email and no one responds. He thinks something should be funded in the Budget to the public could have some revenue and work with the City in a way to express their concerns and reports things the see. He suggested the Mayor and Commissioners get together and allow a Citizen Board or Committee, so the public has a change to look at the data and get some 4 Meeting Minutes City Commission Boynton Beach, FL September 21, 2021 help. He has done a lot of research and it has cost him a fortune; he did not think he should be putting out money and would rather give it to charitable things, but he was trying to help Boynton. He hoped he could be made aware there is an interest and that there could be some money in the Budget to fund a Citizen Board or Committee. Commissioner Katz stated there are about a dozen resident advisory boards and there are public elections every two to three years where any resident can decide to avail themselves in public office and sit on the dais, which is a Citizen Committee. There are many opportunities, and he tells anyone who wants to get involved to consider the advisory boards, but he has not heard anyone interested in getting involved. In addition, he believed they were starting up the Citizen Patrol Academy this winter. They are taking several Police Interceptors off the street, and he questioned if the Citizen Patrol vehicles were upgraded as well. Assistant City Manager Mack stated those are pre -funded, so a few are scheduled to be replaced. He believed pre -funding was for light vehicles, but they are getting away from big cars and looking at the possibility of electric vehicles as well. Richard Petty, 217 North Seacrest Boulevard, Boynton Beach, mentioned funding and questioned if there was a line item for digital inclusion. Young people have limited access to the intereet and mobile devices, and he wanted to know if there is or could be a line item in the Budget for inclusion. Mayor Grant indicated this was something he would like the City to help support. He believed there was conversation regarding that in their future agenda item on October 5, 2021, at which time the Palm Beach County School District and Education Foundation for Palm Beach County will update the City Commission on their digital inclusion program. As for seniors, there will be a discussion tonight regarding a Franchise Agreement with FLSC, whereas they are hoping to provide the City with funds for non-profit. Recently, the City has given $1,800 to Roots and Wings, so there may be a request to the City for certain one-time events of the funds. He knows there are American Rescue Plan Funds, and it is possible they could do that or there may be another funding road with FLSC. If they are looking for funding, he noted the Commission would need to know the plan and how it would be spent. He encouraged Mr. Petty to attend the October 5, 2021 meeting. Mayor Grant questioned if the Commission wanted to hear the presentation one more time and if there was no further discussion he asked for a motion. Motion Motion duly made and seconded to adopt Resolution R21-119 and that the millage rate would be 7.8900 for Fiscal Year 2021/2022. The motion passed unanimously. Motion duly made and seconded to adopt Resolution R21-120, which is the General Budget for the General Fund for Fiscal Year 2021/2022. The motion passed unanimously. 5 Meeting Minutes City Commission Boynton Beach, FL September 21, 2021 Commissioner Katz mentioned ARPA Funds and questioned if that was in an ARPA Fund category, so the current Commission could decide to spend within the next six months. City Manager LaVerriere stated it would be kept separate. There will be a Workshop on November 9, 2021, to discuss upcoming projects. Mayor Grant was aware of certain projects in this agenda as well. He stated that many Cities, Counties, and States have done raffles and he was glad to see they were able to give out $15,000 in gift cards to people who still have not gotten their vaccines. They want to make sure the perception is that the vaccine is more beneficial than harmful. A Commissioner Penserga requested staff see how well other Cities are doing and how it is turning out. City Manager LaVerriere thought it was a little early for statistics following up after the initial initiatives. There is a $500 raffle for people to get their second round of shots. About 148 gift cards were given out, but the numbers are showing a little more for the vaccine. They are going to reconcile with Community Health. Commissioner Romelus would prefer something that would venture on the idea that there would be five $1,000 gift cards given out; she was not comfortable with one $10,000 card. Mayor Grant said $100,000; there are approximately 80,000 residents. Commissioner Romelus stated she would rather use $100,000 for building Affordable Housing or something else; she would not be okay giving $100,000 because they want people to get vaccinated. She was alright with doing small increments, perhaps $500 or $1,000, which would accomplish the same thing, that is to create positive funds so people would encourage others. Mayor Grant understood and stated it was not just for people who have not got their vaccines, it is for people who have gotten their vaccines. City Manager LaVerriere commented that ideas of that data for the Workshop are needed as to what other Cities are doing, so there can be discussion about prioritizing where the Commission wants to head with some of the projects. She indicated that the conversation on Saturday was interesting in talking with different individuals as to why they came in and what $100 means to them. Vice Mayor Hay agreed with everything said, but he acknowledged Eleanor, who was there from early morning through the whole day on Saturday with staff. City Manager LaVerriere commented that she would like to give kudos to people not just by name and not just to Eleanor and her staff, which would include Dora and Chelsea, Meeting Minutes City Commission Boynton Beach, FL September 21, 2021 the Finance Director and Deputy Director were not letting those gift cards get in anyone else's hands and they were there ten hours on Saturday to make sure the gift cards were distributed. There was quite a bit of staff, Recreation, Police, and others. 3. Announcements, Community and Special Events and Presentations A. Announcement by Laura Lansburgh, Assistant Director of Marketing & Events, of the winner of the Guess the Census promotion. Laura Lansburgh, Assistant Director of Marketing & Events, announced the winner of the City's Guess the Consensus promotion. To increase awareness and response rates in the 2020 Census last fall, the City created a Guess Census promotion. Community members were invited to submit a guess as to what the City of Boynton Beaches population would be as determined by the 2020 Census; 125 entries were submitted. As of September 15, 2021, the new City of Boynton Beach population is 80,308. The winning guess was 80,342, just 38 away from the actual population. Mr. McClain Thompson was present to accept his prizes. Congratulations were offered. McClain Thompson expressed thanks to everyone. Ms. Lansburgh commented that Mayor Grant was also close, guessing 80,307. Ms. Lansburgh announced a monthly Concert Series, which will be held in Centennial Park and Amphitheater on the first Friday at 5:00 p.m. The first series is scheduled for Friday, October 1, 2021, at 5:00 p.m. and Audio Tramp, a four -piece classic rock band based in South Florida will perform. Local food and beverage food and truck trucks will be available for patrons. The event is free of charge and will end at 8:00 p.m. Public parking is available on the street and parking lots. Everyone is encouraged to bring chairs and blankets. Commissioner Romelus questioned if food trucks would be there and if the different food truck vendors are being publicized. Ms. Lansburgh stated food trucks would be there; so far two have been booked and there may be more. Food truck vendors are being publicized and they will change each Concert Series. B. Proclaim the month of September as Deaf Awareness Month. Proclamation will be accepted by Lance Fischer, President of South Florida Deaf Senior Citizens, Inc. Mayor Grant read the Proclamation into the record. Stephanie Soplop, ADA Coordinator, thanked everyone. Janice Pickron, ITS Department, thanked the Mayor and Commission and stated that the ITS team has made her feel quite welcome and equal. Tools needed are provided Meeting Minutes City Commission Boynton Beach, FL September 21, 2021 as well as interpreters, assisted technology devices, different apps, and everything available to break down barriers she faces every day. She also thanked Debbie Major and Beth Wagmeister, who came together to make this happen for her. Myrna Aiello, Vice President of South Florida Deaf Senior Citizens (SFDSC) accepted the Proclamation. She was impressed at how many people and friends were present. She is also involved with the Support Team. She thanked everyone for this Proclamation and for the continuous commitment for the deaf community in Florida. She shared a little history about their new Foundation. They have several goals and want to work together and collaborate as a team, working with local County and State Governments to utilize services and to improve the quality of life for the deaf senior citizens. She mentioned another body they sit at, which is the CRA, where they also need to be inclusive. She noted that interpretation services were recently added in their Budget. Mayor Grant thanked Ms. Wagmeister for introducing him. It is always exciting to see them on social media because this is when they have an opportunity to be more a part of the community. He was glad they were moving in the right direction for the inclusiveness because they want to make sure everyone is involved in their government because government is involved with everyone. C. Proclaim September 21St as World Alzheimer's Day. Proclamation will be accepted by Keith Gibson, Director of Programs for Alzheimer's Association Southeast Florida Chapter. Mayor Grant read the Proclamation into the record. Keith Gibson accepted the Proclamation and thanked the City of Boynton Beach. Lori LaVerriere, City Manager, announced a theme for Walk to End Alzheimer's, which will be in October. An email was sent to the Mayor and Commission about that event. D. Proclaim September 15 — October 15, 2021 as Hispanic Heritage Month. Patricia Trejo, Administrative Planner for Hispanic/Latino Studies, Palm Beach Schools, will accept the proclamation. Mayor Grant read the Proclamation into the record. It was noted that Ms. Trejo was unable to attend. E. Announce the City of Boynton Beach's upcoming tree planting events on September 25 & 26, 2021 in partnership with Community Greening. Rebecca Harvey, Sustainability Coordinator, indicated that the City has contracted with Community Greening, a local urban forestry non-profit, to coordinate tree planting events Meeting Minutes City Commission Boynton Beach, FL September 21, 2021 in parks and public lands throughout the City. The City's goal was adopted by the Commission in September 2020 to increase tree canopies across the City and to realize the many benefits trees provide for the community including shade, energy savings, urban heat reduction, walkable neighborhoods, increased property values, and the reduction of air pollution and harmful global warming pollution. She announced two upcoming tree planting events the City and community are hosting this weekend. On Saturday, September 25, 2021, from 9:00 a.m. to 11:30 a.m., they will be planting trees at Derickson Park and Heritage Park. Volunteers will meet at 9:00 a.m. at Derickson Park on NW 9t" Court. On Sunday, September 26, 2021, from 9:00 a.m. to 11:30 a.m. they will be planting along the SE 4t" Street median and volunteers will meet at Pence Park, 600 SE 4t" Street. She acknowledged the Boynton Beach CRA and mentioned the cost of trees and materials for planting within the CRA area. Residents can find details to register and volunteer on the City's Event Calendar at Boynton.Beach.org. Waneya Bryant, Director of Public Works, was introduced. It was noted that he worked for the City in 2014, left for a while, and has returned. Ms. Bryant was happy to be back. Mayor Grant stated he was going to request a tour because he would like to see Ms. Bryant's perspective of what it was in 2014 to where they are now. 4. Public Audience Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of the Chair,this three-minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Ralph Louis, with the HATT Foundation, 310 East Ocean Boulevard, Boynton Beach, announced their Turkey give -way on November 20, 2021, and asked if they could host their event at the City's amphitheater. In 2019, prior to the pandemic, they were able to feed over 10,000 families. Commissioner Penserga questioned Mr. Louis' background and why this is his passion. Mr. Louis stated he was raised by a single mother who struggled, so he became very passionate about this. He did not have an easy upbringing and understands those children, so whenever it comes to community projects that either help feeding or having role models, he tries to take part. If a few people can be role models, especially in the minority, he wants to be one to show the children there is hope and some type of life they can look forward to and that they do not have to follow bad things to be cool. Vice Mayor Hay thanked Mr. Louis for everything he is doing. He wants to be more involved and told him to contact the City. He would like to meet and talk one on one. 9 Meeting Minutes City Commission Boynton Beach, FL September 21, 2021 Mayor Grant commented that he would put the amphitheater on his calendar for November 20, 2021. The issue is that they do not want to give the amphitheater for free because everyone will want it for free. In the past, they have matched certain funds, and maybe that is something they can plan for in the future. Ernest Mignoli, 710 NE 7t" Street, Boynton Beach, mentioned that the past few meetings were recorded and were relative to after the June 24, 2021 collapse in Surfside and with everything going on, he was told by this dais there was nothing this municipality could do. He received a call from the Press, and they told him to contact Boca Raton because they created a building inspection ordinance, which is very lengthy. He sent the request to the Mayor and Commission, and no one responded, not even the City Attorney. The ordinance is strict and was enacted immediately. No matter what he reports about his building, he is told there is nothing they can do. He is trying to file complaints against the City Attorney, the Mayor and Commission, forgoing on the record saying there is nothing a municipality can do to help people after June 24, 2021, when they are all petrified. Mayor Grant indicated there are a lot of statements regarding buildings and children. Boca Raton, out of the other 400 municipalities in Florida, enacted their own ordinance. He questioned how many of the other 400 municipalities enacted ordinances. The aspect is that their Building Department is working with the County, the League of Cities, and other municipalities. Boca Raton took it upon themselves to create very restrictive language regarding their buildings. There is one community on the ocean, St. Andrews Club, and multi -family east of Federal Highway in flood zones; however, they are not in the same position as Boca Raton, South Palm Beach, Delray Beach, and Highland Beaches, so they are doing what they can. According to Mr. Mignoli, his building is four stories, collapsing, and sinking into the ground, and there is a Board of Directors he has not filed suit against for doing their jobs. There is a limit of what can be done according to the Judicial proffer. If Mr. Mignoli felt the Board of Directions was not doing their job, he has the option to go against them. As a City, they cannot go against the Board of Directors. He believed their Building Department has gone out to the complex multiple times and according to their law, he believes he was correct. He questioned if there was anything more they could do regarding that project. It was not believed there was anything more the Building Department could do at this point. Palm Beach County has a long history of trying to do things in a systematic way and the Building Officials here have that as well. The County is trying to do this in an organized way instead of each municipality having different codes. Having a unified system helps everyone stay on the same page. City Manager LaVerriere commented that the directive is complete, and they will be learning more tomorrow at the League of Cities. It is on a future agenda as a CDD because they are waiting to hear where they are going with it and then it will be brought forward to the Commission. 10 Meeting Minutes City Commission Boynton Beach, FL September 21, 2021 Mayor Grant stated ever since they heard about the crash on June 24, 2021, they have been working to make sure City structures are safe. He mentioned Condo Associations and questioned if they have the authority to make repairs to buildings. He also questioned if they could tell an Association their structure is unsafe and uninhabitable. City Attorney Cherof replied that they do not. The Building Official has those powers under Florida Law; however, those are not derived from the City Charter or Code, they are independent. The City Commission and City Manager do not direct or limit the Building Official for fulfilling statutory responsibilities. Currently, their Building Official says the building is habitable. Mayor Grant indicated that until there is other information, that is where they are at. They are looking to make changes, so they can do something. They want to make sure they are in step with all the other 38 municipalities in Palm Beach County. They understand that Boca Raton wanted to be first in the State of Florida, and they can change their ordinance if they wish, but we can be more restrictive than the County. There were no other speakers. 5. Administrative A. Appointment of eligible members of the community to serve in vacant positions on City advisory boards. A motion was moved and duly seconded to nominate Cynthia Alexis to the Art Advisory Board. The motion passed unanimously. A motion was moved by Mayor Grant to nominate Troy Joseph to the not-for-profit provider of Affordable Housing, seconded by Commissioner Romelus. The motion passed unanimously. B. Approve the request of Commissioner Justin Katz to distribute $2,000 of his Community Support Funds to the HATT Foundation. A motion was moved and duly seconded to approve Commissioner Katz to distribute $2,000 of his Community Support Funds to the HATT Foundation. C. Approve the request of three allocations from Commissioner Ty Penserga to distribute $2,000 of his Community Support Funds; $500 to Boynton Strong Community Outreach, $500 to the Boynton Beach Bulldogs, and $1,000 to Citrus Cove Elementary School for their Musical Theater Program. A motion was moved and duly seconded to approve Commissioner Penserga to distribute $2,000 of his Community Support Funds. The motion passed unanimously. Meeting Minutes City Commission Boynton Beach, FL September 21, 2021 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 the accompanying material to become a part of the Public Record and subject to staff comments. A. Approve the recommendation of the Evaluation Committee and authorize staff to conduct negotiations with the first ranked firm, PCL Construction, Inc. of Tampa, FL and establish contracts in accordance with the Request for Qualifications (RFQ) No. 013-2821-21/TP for Lift Station 317 Major Upgrade Progressive Design Build and Florida Statute 287.055, Consultants' Competitive Negotiation Act (CCNA). At the completion of each phase of the negotiations, the contracts will be brought back to the Commission for approval. B. Proposed Resolution No. R21-121 - Authorize the Mayor to sign the application and agreement for Library State Aid to Public Libraries Grant for FY 2021-2022. C. Approve the updated Library Long Range Plan for FY2021-2026. Mayor Grant commented that he was excited about the technology, their creative edge, and what it is going to do to many generations using it. Regarding the replacement desktop PC and laptop, he would like to see them donated as part of the additional inclusion to the community. D. Proposed Resolution No. R21-122 - Approve the expenditure of $58,780.75 and authorize the City Manager to sign the support service proposal with AVI- SPL. E. Proposed Resolution No. R21-123 - Authorize the City Manager to sign all documents associated with the acceptance and subcontract agreement for the Florida Department of Transportation (FDOT) Florida Bicycle Pedestrian Focused Initiative: Communication and High Visibility Enforcement grant subject to the approval of the City Attorney. F. Approve the one-year extension for RFPs/Bids and/ or piggybacks for the procurement of services and/or commodities under $100,000 as described in the written report for September 17, 2021 - "Request for Extensions and/or Piggybacks." G. Accept the written report to the Commission for purchases over $10,000 for the month of August 2021. 12 Meeting Minutes City Commission Boynton Beach, FL September 21, 2021 Mayor Grant mentioned that K9 Officer Iro had lung cancer and had to be euthanized last month, so a new K9 was purchased for the K9 Unit. He wants to know if the City is planning to do any sort of Memorial Tree for K9 Officer Iro. City Manager LaVerriere stated the Police Department had a program for him. They shared a video of the service; it was a full service since a K9 is considered an Officer. Deputy Chief Vanessa Snow stated they do not have a Public Memorial planned the future. They posted the Memorial. The new K9 is currently in the training process, and they look forward to introducing him. H. Proposed Resolution No. R21-124 - Ratification by the City Commission of the Boynton Beach Community Redevelopment Agency (CRA) annual budget for fiscal year 2021-2022. Proposed Resolution No. R21-125 - Ratify the Quantum Park Overlay Dependent District annual budget for FY 2021-2022. J. Proposed Resolution No. R21-126 -Approve and authorize the City Manager to sign an Interlocal Agreement for an Emergency Medical Services (EMS) Grant to Boynton Beach Fire Rescue in an amount not to exceed $20,279.74 to reimburse the City for the purchase of 20 computer tablets. K. Proposed Resolution No. R21-127 - Authorize the City Manager to sign a Payment Processing Agreement with CSG Forte Payments, Inc. to serve as the payment gateway for collecting on-line payments through SagesGov for Development Department permitting services. L. Proposed Resolution No. 21-128 - Approve transmittal of the City of Boynton Beach State Housing Initiative Partnership (SHIP) Program Annual Report for FY2018-2019 and authorize the Mayor to sign the corresponding Local Housing Certification. M. Proposed Resolution No. R21-129 - Approve the Memorandum of Understanding (MOU) between the IAFF Local 1891 Boynton Beach Firefighters and the City regarding Covid-19 policies and practices. N. Proposed Resolution No. R21-130 - Approve the Memorandum of Understanding (MOU) between the City and the PBA Police Officers and Detectives and the Police Sergeants bargaining units regarding Covid-19 policies and practices. O. Proposed Resolution No. R21-131 - Authorize the use of American Rescue Plan Act of 2021 funds (ARPA) up to $75,000 and authorize the City Manager to sign an agreement with Pathways to Prosperity to administer Palm Beach 13 Meeting Minutes City Commission Boynton Beach, FL September 21, 2021 County's Application Process of Emergency Rental, Utility, and Relocation Motion A motion was moved and seconded by Commissioner Romelus, to approve the Consent Agenda. The motion passed unanimously. Commissioner Penserga requested reconsideration or discussion of Item 60. It says the Resolution is to support a partnership with Pathways to Prosperity to administer Emergency Rental, Utility, and Relocation system. He questioned a description of what the City is doing for the residents. Lori LaVerriere, City Manager, stated that in terms of getting rental assistance, they reached out to the Talley System. The process and rules allow the government to get the money out. The County has a good strong program going and they are talking about doing something with the Talley System with the ARPA money. They said not to use our money, that they have plenty of money out of the ARPA and other sources for their program, but the help they need is getting it into the community. They reached out to a variety of non -profits in the Country to get them into their system and they processed applications for members in their community, so it is a closer touch. Pathways to Prosperity has that relationship with the County and they want to add an individual, so their ARPA funding would pay for one more position that Pathways to Prosperity would hire to continue to processing applications for people in Boynton Beach. John Durgan, Economic Development Manager, stated that Palm Beach County has five local locations throughout the County and the only one located in Boynton Beach is Pathways to Prosperity, which is helping residents administer their applications with supporting documents. It is a difficult process if someone does not have internet access or if someone is having a hard time locating the documents. Pathways to Prosperity is providing a full-time position solely dedicated to helping residents apply for rental assistance funding, which came from Palm Beach County Emergency Assistance Rental Program, which is a program from the Federal Government. They have a lot of money to give out, strictly for rental and utility assistance, and he has been working with Ms. Bush to see what the options were, and the County came up with the best way for the City to assist, which would be to provide the additional assistance. They are inundated with questions from the time they arrive to the time they leave, so having that second position would be an asset to get as much money out as possible. The last time they spoke to the County, Boynton Beach was ranked #2 in the County with the number of applications coming in from residents. They see the demand as rather large, and they are hoping with new provisions they would be able to process the additional applications. Mayor Grant questioned if equipment was needed on a mobile basis, having almost like a mobile office to do scanning, upload documents, and to do a wi-fi hotspot rather than families going to Pathways to Prosperity and not having all the documents. He noted Pathways to Prosperity are going to homes and individuals directly on an as needed 14 Meeting Minutes City Commission Boynton Beach, FL September 21, 2021 basis. Last time he spoke with one of the residents, it was stated that it was extremely difficult for families to be a part of this County program because there are multiple things and locations and if someone did not get one document needed, they had to go home, find, it and do it all over again. He hoped that on days when person is not in the office that they are working 40 hours a week helping people through the mobile site process, since they are paying for a full-time position. City Manager LaVerriere, indicated they were looking at trying to identify space at Art at Carolyn Sims Center to have them go to the Pathway to Prosperity office. She brings her mobile bus to Heffner on Wednesdays to process applications. She did not know that going door to door into people's homes was the best way, but if someone did not have a document it was alright for them to go home and bring it back; they will shuffle them through the process. Mayor Grant mentioned Health for Boynton Beach and noted that sometimes they travel outside the house; it is an all -day event. They would like to see what the City needs to make sure the person they are paying the salary for has resources and the ability to go to people's homes because he did not want to see that the person is being paid and the work needed was not getting done. City Manager LaVerriere stated perhaps they could discuss an appointment system if someone calls. There are liability issues. Mayor Grant was alright with approving this now; however, he would like more information from Pathways to Prosperity as to what they are doing working with the County, so if anything else is unknown, they can help with local non -profits. If the mobile site is not working, they may be able to find another non-profit to help with transportation and help look for the documents. David Scott, Director of Economic Development, stated advised they had conversations with the County and their program is County -wide; they are first come, first serve. They need to get into the community because community members were going out trying to find a County location and were getting lost or did not have the right documentation. They heard about the transportation issue and by planting this position immediately in the community, they would not have far to go. Experts would be there who know what documentation is required, so they would bring that together and make sure the right documentation gets directly into the County system. City Manager LaVerriere thought the point Mayor Grant was trying to make was that this is one step in the right direction in terms of having someone who is more localized. There still needs to be outreach because so many people do not know where to find documents. She wants to understand the outreach efforts being implemented to make sure people are aware of this program. She is waiting to hear outreach efforts to justify this expense because they are being given this money with the express intention to give it to families in need. 15 Meeting Minutes City Commission Boynton Beach, FL September 21, 2021 Mr. Scott stated they had a full communication strategy, which is included in things like the water bill, so upon approval, they would move forward with that outreach tactic. They also use social media and the website. They plan to use different languages and will enhance that communication as well. City Manager LaVerriere emphasized that many community members and residents, especially those from other cultures and backgrounds, do not read, so when putting an insert into the water bill, they look at the bill and throw everything else out. There must be people at their churches who speak their language who would be able to do outreach to the Pastors, tell them about the program, and ask them to tell their parishioners about it. There needs to be people who can reach radio stations and have a segment on the airwhere people can dial a number. These residents are not going to be reached through social media or by a mail insert in the water bill; it must be very basic; technology is not going to work. Mayor Grant questioned if this is a full year salary for someone and what happens if the money runs out after six months. Mr. Durgan stated in their agreement with Pathways to Prosperity, the end date for this provision is when all the money from the County is allocated. He advised that the Commission wants an update from Pathways to Prosperity, they want to see the person hired, and they want to hear how they are going to reach out to all aspects of the community. Mr. Scott stated they are using the same process heard through the ARPA, which is getting into the community through churches. City Manager LaVerriere told them to use her as a resource when it comes to communicating with communities. It is not that the community members and residents do not want the information, sometimes literacy is an issue. Kemberly Bush, Executive Director of Pathways to Prosperity, did not have answers to all the questions asked, but in response to the support position in Boynton Beach, Pathways to Prosperity has been in this community for 11 years and 90% of their clients are Haitian Creole, so they do respect population as well as African Americans, and getting them to come forward. As far as the ARPA Funds are concerned, they have been successful at getting applications processed. As far as the language barrier, they figure it out, they know how to communicate because they have figured it out over the years and there is staff who speak Creole and Spanish. She did not have a vision of going into someone's home, but they are able to tell people exactly what they need to bring so they are able to get the applications processed. They are communicating with the landlords to have them fill out their paperwork. By adding another individual, more applications would be processed and more families in Boynton Beach would be serviced. As of Friday, she believed they helped 39 families in Boynton Beach with rental support, and she was 16 Meeting Minutes City Commission Boynton Beach, FL September 21, 2021 talking about months of support; these families have received between $10,000 and $20,000 and more from the County. They welcome support from the City to be able to market to more community members. They hired Boynton Strong, and they did door hangers for the vaccines. This is not the only time they will come before the Commission with a project. Perhaps people can help them go door to door with information and the ARPA money can be used to do that. City Manager LaVerriere wanted to have the confidence that what she was thinking, and the barriers were already being thought of by their entity and organization. Mayor Grant stated many individuals live in apartment complexes along Congress, so that is something they need to work on. Ms. Bush stated property managers are putting information out through their communication system. 7. Consent Bids and Purchases Over $100,000 A. Proposed Resolution No. R21-132 - Approve the renewal of property, casualty, and workers' compensation insurance coverage with Florida Municipal Trust (FMIT) and authorize City Manager to sign all required documents for the term of the policy: October 1, 2021 through September 30, 2022. Vice Mayor Hay questioned how much the expected cost would be for Item 7A. Julie Oldbury, Director of Human Resources and Risk Management, advised the cost would be $1,030,067, which is about an 8.6% increase over last year. B. Approve piggyback of Volusia County Contract # 18-B-43AK with Boundtree Medical for the City's medical supplies on an as needed basis with an estimated annual purchase of $130,000 and authorize the City Manager to sign an agreement. The Volusia County procurement process satisfies the City's competitive bid requirements. 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 17, 2021 - "Request for Extensions and/or Piggybacks Over $100,000." D. Approve an additional expenditure of $19,000 with IXOM Water Care, Inc. utilizing Palm Beach County's sole source contract SS150985 to purchase MIEX resin bringing the not to exceed amount for this fiscal year up to $349,585.00. 17 Meeting Minutes City Commission Boynton Beach, FL September 21, 2021 4T,1511=11 Motion moved and seconded by Vice Mayor Hay to approve all items under Consent Bids and Purchases over $100,000. The motion passed unanimously. 8. Public Hearing — None. 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. 9. City Manager's Report A. Discuss a date and time to hold a City Commission Workshop to review the first draft of the spending plan for the expenditure of ARPA funds. City Manager LaVerriere did not think this was the perfect time; she wanted to make sure they could get ample public input in a healthy debate from community members who may want to offer suggestions on how to spend the ARPA funds. She did not think a Tuesday at 3:0 p.m. timeframe was the best time. Perhaps the fourth Tuesday of the month at 6:00 p.m. or 6:30 p.m., so residents could participate. Mayor Grant commented that most communities have Friday afternoons available. He thought if they wanted to get the most participation, an opportunity to speak might be on a Saturday or Sunday. City Manager LaVerriere stated that she was considering most people would not want to come and talk about this on a Friday. City Manager LaVerriere indicated that as long as the time was close to 5:00 p.m., that was what mattered most to her. She preferred the meeting not be held on a Friday or a weekend; Monday through Thursday after 5:00 p.m. would be best. The intention of this Workshop was to have a preliminary report on the outreach they would have accomplished. It was not intended to be a public outreach session and that is why it was scheduled prior to the CRA for an hour and a half to two hours. This is going to be one of many discussions of how this money is going to be spent; they will not be talking about earmarking or allocating the $6 million to any specific thing. Commissioner Romelus questioned if City Manager LaVerriere was saying there would be community input workshops that have already been done prior to this. City Manager LaVerriere clarified that two or three are scheduled and then the non-profit stakeholder workshop. They want to collate what they have to date, and then would probably do something similar within the next six months. 18 Meeting Minutes City Commission Boynton Beach, FL September 21, 2021 Commissioner Romelus commented that it would be more of a comprehensive report of what has been gathered. She thought this was more of a public input. City Manager LaVerriere stated they want direction from the standpoint of priorities where they can start spending time drilling down in certain areas or with the thoughts they have. Vice Mayor Hay questioned when public input meetings from the community are planned. City Manager LaVerriere believed they would be done in many formats and many times. David Scott, Director of Economic Development and Strategies, advised that the first public meeting is scheduled for September 30, 2021, and he will send the other dates. The dates were clarified as September 30, 2021 at 6:00 p.m. in the Commission Chambers; the meeting will be a hybrid, so it will be in-person and virtual. The second meeting will be Thursday, October 28, 2021 at Fire Station 3, and will be in-person only. A non-profit will be scheduled, which will be more of a listening session, on October 21, 2021 at 6:00 p.m. in the Commission Chambers, which will be a hybrid meeting as well. Mr. Scott indicated that input has been received from their public survey as well as from emails, the website, Facebook, and social medial. Over 160 responses have been received that are suggestions from the public, non -profits, and staff. All that was pulled together under five different categories with ARPA, and they would like to present that to the Commission to get their thoughts and ideas as to how they should put this framework together and to get direction as to where to go. If there is specific direction from the Commission, another Commission meeting could be scheduled that would codify any specific projects to be identified. That would be an opportunity for additional public input at that time. Vice Mayor Hay questioned if those meetings would be an hour and a half to two hours. He commented that he understood the meetings would be on September 30, 2021, October 21, 2021, and October 28, 2021. City Manager LaVerriere clarified that those meetings are for public input. Since the National League of Cities has been changed to a virtual meeting, perhaps the Commission could come in prior to the Commission meeting on September 16, 2021. Mayor Grant advised that he would not like 3:30 p.m. to midnight. He suggested having the meeting on Monday, September 15, 2021. City Manager LaVerriere questioned if the Commission wanted to do a separate Workshop. Mayor Grant stated if a short meeting were scheduled for September 16, 2021, that might 19 Meeting Minutes City Commission Boynton Beach, FL September 21, 2021 work best. He thought they could have the Workshop between 3:00 p.m. and 5:00 p.m. and the City Commission meeting at 5:30 p.m. Motion A motion was moved by Commissioner Romelus to approve the Workshop for November 16, 2021, between 3:00 p.m. and 5:00 p.m., then the City Commission meeting at 5:30 p.m., seconded by Vice Mayor Hay. Motion passed unanimously. B. Discussion regarding moving the November 15, 2021 meeting back to Tuesday, November 16, 2021 due to the National League of Cities Conference being changed to online only. Motion A motion was moved and seconded by Vice Mayor Hay to move the November 15, 2021 meeting to November 16, 2021. Motion passed unanimously. 10. Unfinished Business Mayor Grant requested a motion to remove from the table. Motion A motion was moved and duly seconded to remove Item 1OA from the table. Motion passed unanimously. A. 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. (Tabled from the September 8, 2021 City Commission Meeting.) Mayor Grant recalled an RFP -Q was out for this type of Franchise Agreement. There were some issues regarding the vendor making payments and they concluded with the vendor for payments, but at a reduced rate. In addition, the contract is currently expired, and he was not as happy as he was with the first RFP -Q that came out three years ago. He would like to have a conversation with the vendor because there is a new Sustainability Department, and he would like to see what could be done to help recycle more in this community. Mark Douglas with Florida Textile Recycling, (FLSC), stated they have had several conversations with Mara and Adam as far as extending the program and putting out more bins throughout the City. This past week they submitted five new applications and sent out their salesperson, who visited several businesses within the City. They went over additional locations, which have been submitted to Adam's office for approval and 20 Meeting Minutes City Commission Boynton Beach, FL September 21, 2021 assuming those go well, they would like to put those out immediately. They are going to expand the program. There were some challenges due to Covid and before that, with getting locations approved. They would like to put more bins out and recycle more merchandise in the City of Boynton Beach because that is the way they generate additional revenue and can afford to pay the City additional fees. Mayor Grant would like the City to have a partnership with Florida Textile Recycling, as part of their Bill Green Initiative. He questioned how the Sustainability Department could help advertise the recycling component. He also questioned what should be done with old appliances that are not broken, or with electronics and other things that still have uses for other people. He asked if their business was moving toward any other types of recyclables or if they were sticking with only textiles. Mr. Douglas indicated they mainly handle textiles; they are not equipped to handle electronics and things like that because they do not have a way to dispose of those in the proper way. It is not something they are able to handle, and they do not have the personnel nor the avenues to dispose of that stuff. Mayor Grant stated his concern was because there are other vendors who have that capability. He did not know how the Commission felt about doing another three-year agreement, but he would like to do a one-year agreement at the minimum to see if the City could do an RFP -Q because he feels it is in their best interest to recycle as much of the products rather than putting them out for bulk. Mr. Douglas mentioned they have a contract with the Town of Davie, and they have a contract with a separate vendor that does something with electronics. They have bulk drop-offs for electronic items, shredding paper, and other things; those are all separate vendors. Mayor Grant thanked Mr. Douglas for the information. He thought another RFP -Q was not necessary if they are all separate vendors and was alright with a three-year extension. He requested that any available information be forwarded to him, so they could see if they could piggyback and hopefully recycle more through the City. Mr. Douglas stated he would reach out to the Town of Davie to get the name of the vendor and any contact information, and from other Cities they partner with as well. Commissioner Katz questioned the monthly agreement for bin rates and if that was monthly or annually. Mara Frederiksen, Finance Director, stated the original contract was in 2000 and the rates were maintained, they just reduced the number of bins. The $175 x 12 is with the cpi increase, so they are at $21.01 per bin. Mayor Grant mentioned there were certain trucks for certain events. He mentioned the 21 Meeting Minutes City Commission Boynton Beach, FL September 21, 2021 Pirate Fest is coming up and he would like to see if there was an ability to either recycle or reuse old Halloween costumes. They are working with the CRA, but he would like them to come to one of the Music Fests, etc., so people know what to do with their old clothes. Mr. Douglas stated they would like to participate in City events and help promote them as well to make them successful. If they can promote on any brochures or communications from the City, they would make sure they have a truck and personnel there to accept clothing. Motion A motion was moved and duly seconded to approve the extension of the Franchise Agreement with Florida Textile Recycling for three years. Motion passed unanimously. 11. New Business A. Proposed Resolution No. R21-133 -Authorizing the City to set rates, fees and charges for Water, Wastewater, Stormwater, Reuse Water, and District Energy Chilled Water for the upcoming Fiscal Year 2021-22. Waneya Bryant, Manager of Utility Administration, provided a brief presentation and the following was highlighted: • Based on their analysis, they are recommending holding rate levels for water and chilled water with a 2% increase in wastewater, 2 cents for a 1,000 -gallon rise frequent use, and a 50 -cent increase in stormwater fees. • The table shows the 2% increase in wastewater rates with monthly charges and the cost for each 1,000 -gallons of metered water flow. • The 50 -cent increase is shown for stormwater and 2 cents for a 1,000 -gallon increase in reclaimed water rates. • The impact of rate adjustments of a typical customer's bill. Changes to various customer bills based on a proposed rate. A single-family home with water, sewer, and stormwater will increase if they are inside the City limits by $1 per month. For anyone outside the City that does not have stormwater, there will be an increase by 51 cents on average. • The water and wastewater rate comparison and how they stack up against 13 other house water utility providers was shown. For someone using 10,000 gallons of water is $104 per month while Boynton is projected at $77 per month. Motion A motion was moved by Vice Mayor Hay to approve rates, fees and charges for Water, Wastewater, Stormwater, Reuse Water, and District Energy Chilled Water for the upcoming Fiscal Year 2021-22, seconded by Commissioner Romelus. Motion passed unanimously. 22 Meeting Minutes City Commission Boynton Beach, FL September 21, 2021 B. Consider and approve authorizing use of American Rescue Plan Act (ARPA) funds to provide a monetary incentive of $500.00 to each City employee who is fully vaccinated on or by November 15, 2021, for an approximate cost of $400,000.00. This incentive is subject to collective bargaining. Mayor Grant questioned if this included part-time employees and Commissioners. City Attorney Cherof stated Commissioners are not employees, so the scope would have to be changed if desired. Mayor Grant commented that if anyone wanted to allow the Mayor and Commissioners to get the $500 was fine, if they wanted to give them $100, that was fine, or if they wanted to say the City pays them enough to be there. Getting a vaccine is an individual medical decision, so if no one wants to respond as to whether they have received a vaccine or not is their choice. Commissioner Penserga stated that he was not interested in the $500; it was his understanding the intent was for employees. Vice Mayor Hay thought Commissioners reserve the right to know since they are in close contact. It is a personal thing, but they are putting the burden on employees to reveal, and they should be no different even though they may not get paid. Commissioner Katz had no problem saying he got the shot the first day it was available. City Manager LaVerriere, advised this would apply to all employees from day one who took the responsibility to get vaccinated. November 15, 2021 is the deadline to be fully vaccinated and she will put a copy of the vaccine card on file with HR and Finance would take it from there. Mayor Grant was glad they were making the decision to make sure all employees have the full incentive to get vaccinated. Ernest Mignoli, 710 NE 7t" Street, Boynton Beach, stated that he could not hear anything said while sitting in the back. He commented that they are talking about a half million dollars and questioned who is getting the $500 and how many employees there are. Mayor Grant stated there are roughly 800 employees and the maximum cost would be $400,000. Mr. Mignoli questioned if this is approved tonight, an employee has been vaccinated or is getting vaccinated would get $500. He also questioned if 600 of the 800 employees already vaccinated would get the $500. 23 Meeting Minutes City Commission Boynton Beach, FL September 21, 2021 Mayor Grant replied if employees are vaccinated by the date in question. The cost for 600 employees already vaccinated would be $300,000. He stated no one would sign a Collective Bargaining Agreement stating that people who took the incentive to already get the vaccine were denied the financial incentive that people who have waited will receive. Mr. Mignoli commented that many Firefighters and Police do not want the vaccine and do not want to wear masks. It is believed this incentive is going to get all the Firefighters and their Unions to line up and get a vaccine when they have already been exposing the public for over a year. He questioned if the taxpayers were paying the $500. Mayor Grant stated the Federal Government provided Covid Relief Funds and this is an acceptable use as defined by the Federal Government and Congress; whether people get the vaccine or not is their prerogative, they are incentivizing people to get it. Mr. Mignoli questioned if this Federal money is allotted for employees only or if it could be for anyone in Boynton Beach. Mayor Grant said he was trying to have a $100,000 raffle for everyone who has already gotten the vaccine; however, they need two other Commissioners to agree to that. He feels everyone in the City of Boynton Beach should be entitled to some funds for getting a vaccine. Mr. Mignoli, as a taxpayer, would say that the $400,000 should not go to any employees in the City, they already have a good job. He suggested giving the money to the 17% of Boynton Beach, which is almost 18,000 people, who live under poverty level. Commissioner Katz stated there was a program this past weekend. Motion A motion was moved and duly seconded to approve the use of American Rescue Plan Act (ARPA) funds to provide a monetary incentive of $500 to each City employee who is fully vaccinated on or by November 15, 2021, for an approximate cost of $400,000. Motion passed unanimously. C. Discussion on amending the disposition process for Real Property owned by the City. Andrew Mack, Assistant City Manager of Public Services, stated that the City Attorney and he came up with two options. Option 1 edits were not part of the backup unfortunately, so handouts were distributed. Option 1 would change existing language to add verbiage that would require the City to declare the property surplus and then move forward with a request proposal, notifying the public that there is surplus property they are seeking to sell. 24 Meeting Minutes City Commission Boynton Beach, FL September 21, 2021 The second option, which is more detailed, along the same lines of declaring the property a surplus and then there are options on how to deal with the property. The following options were highlighted: • Specific language helps declare when a property is surplus. • A public hearing would be required and how they dispose of it as well. • When appraisals would be required. • The method of disposal. This would give an option, if they had a Letter of Intent or an offer on the property, to advise them to negotiate it with a particular vendor or buyer or tell them to do sealed bids. • There would be an option to transfer to governmental agencies or the potential to do a land swap. • How proceeds from the transfer would be handled. Mr. Mack indicated that the intent was to make sure when they get a property that they are bringing it to the public so there is a fair way to bid, and they are making decisions as they bring all the items back. Mayor Grant was excited they were planning something because there is some vacant land. He did not think creating language that was not necessarily part of the Developer Agreement was making them developer friendly and questioned if the language was able to be changed to a Developer's Agreement. City Attorney Cherof stated there was an item on the agenda about Developer Agreements, which was intended to cover the disposition of all or any City -owned real estate. Mayor Grant stated this is 11 C and then there is 12A. Mr. Mack advised they were looking for direction to determine if the Commission wanted a simple edit, which was adding it to the process and when there is an offer it goes straight to an RFP or if they wanted a more ala cart style of ordinance. Both require them to bring the ordinance back to the Commission. Commissioner Penserga commented that to be clear, this would not make it final today. He was more in favor of "Option 2" with more details and more of a clear process. This conversation started because of prior events, and he questioned how that might change with this kind of language in place. He also questioned if a case study could be done. Mr. Mack mentioned the last example, which was the area off Nichols Boulevard. They received an LOI or an offer, which was brought back to the Commission, which was authorized to move forward with the Purchase and Sale Agreement. As part of that process, they brought it back to the Commission to execute the agreement and during that process, at the last minute, an offer was received from someone else. By using "Option 2" or "Option 1", he thought either one would accomplish the same thing, "Option 25 Meeting Minutes City Commission Boynton Beach, FL September 21, 2021 2" would give more options how to deal with it. Mayor Grant said this would basically say there would be no land surplus to the City unless it is declared. It was questioned if the City currently has any land that is declared surplus. City Attorney Cherof clarified it would be until the City Commission declares it. Mayor Grant stated they have not declared any land surplus, but in the past they did. Previously, four parcels were declared surplus for the purpose of soliciting equipment and they brought it back to dispose of. They want to make sure there are no surplus plans and then anyone else who would like the plan would have to declare surplus before any kind of ala cart options move forward. Mr. Mack believed that was the intent when this was written; when they get something, they want to dispose of, first it must be declared surplus, and then they can move through the process, whether it is through negotiations or a land swap. He noted the smaller version is a little tighter and the second version gives more flexibility, but it will provide a well-defined process as a part of that disposition. If they could get a consensus for "Option 2", he will work City Attorney Cherof and they will bring back an ordinance. Commissioner Penserga mentioned Methods of Disposal, Section 5, and noted that it was not clear to him at which point one is triggered over the other or if that was intentional. It was noted that surplus today might not have been considered surplus a year ago. Mr. Mack explained it was intended to be open because many times a piece of property may not be thought about as surplus, but when someone drives by, they may see it and start the process by contacting the City to see if they would be prepared to sell it. The first section allows for a variety of methods to start the process as opposed to the City Commission directly Administration to provide a survey of all City -owned property and then going through them one by one to determine whether they are surplus or not. The benefit of what they have had for some time has been the relative ease in which the City could dispose of real property. That was triggered by the fact that before the rules were changed, it was hard to do. Currently, it is relatively easy to sell property when comparing their process to other municipalities and it could be said that has stimulated some of the growth of the City, but no one has ever surveyed that. Commissioner Romelus questioned if that helps alleviate or impede. Mr. Mack thought it would help. If he were a potential buyer, he would want to know there is a defined process, he would not want to invest money in creating drawings, sketches, and due diligence, and then someone beats him by $500. The timeframes could be tweaked to help make sure they are helping developers expedite. Commissioner Romelus questioned if the due diligence has been done to see what the 26 Meeting Minutes City Commission Boynton Beach, FL September 21, 2021 community thinks. Mr. Mack stated they have not done due diligence; this is something that could be done since it does not have to be brought back right away. They could speak to a few developers and let them review it and once it is in the proper format it could be put out for consumption. Commissioner Romelus was in no rush; as a government they have so much red tape bureaucracy that is inadvertently in place that prevents individuals and the public from understanding what they do, how they do it, and why they do it, so it makes their job more difficult. Currently, sales are relatively easy without implementation. City Attorney Cherof indicated that he put it into two categories over time and the City Commissioners decided they did not want to be developer friendly, which was well in the past. Currently, the Commission has been somewhat developer friendly, so the rules are somewhat easy to clear. We talking about developers here, there are other people who buy properties who are not developers. Commissioner Romelus would shop this around to make sure they are not creating any inadvertent hurdles for their "developer friends" before taking a final option. City Attorney Cherof mentioned that a discussion to argue might be why the City owns real property they are not doing anything with and what the long-range goal is for dealing with the property. He questioned if the property was a land bank for some future use or to hold and drive up the value of property generally over time. He did not think there was ever a real discussion during any Commission he has sat through that talked about why they have real property and what they want to do with it. Commissioner Romelus thought the intention of any property they have would be that it ultimately be developed to provide taxable value for the City, whether it is in the form of being developed or if it serves a function of park land that benefits developed areas around it. The City is in the business of serving residents of the community. Commissioner Penserga wanted to share that he was in support of "Option 2". Based on his reading of "Option 2", he sees nothing that would impede development or redevelopment. In general, having a process provides clarity and if anything, that should support development and redevelopment. From his understanding, getting appraisals and Letters of Intent are standard. He agreed with Commissioner Romelus about getting input and shopping around. He wants to be careful that they do not let them dictate. this is about protecting the City and the City's interests, so there is a clear process, but not one that is overly in favor. They want to be open for business, but to create a fair and reasonable process. He continued support for "Option 2" and he was open to getting more improvements. Mr. Mack thanked Commissioner Penserga for recognizing that "Option 2" is drastic in a 27 Meeting Minutes City Commission Boynton Beach, FL September 21, 2021 neutral fashion. Commissioner Penserga wanted to come back to City Attorney Cherof regarding the question he asked earlier. He questioned if there were one or more interested parties if they would all be negotiated during the Commission meeting, and he wanted to know the cut off. They do not want to have a free for all where everyone is negotiating on the spot with every detail. There was a consensus by the Commission to go with "Option 2" and for staff to move forward with writing the ordinance and public input could be given during the First and Second Readings of the Ordinance. Commissioner Romelus stated that as government officials, having different perspectives to weigh in could potentially allow them to see blind spots they are not currently seeing. She did not have a disagreement whether they move forward with the process, but she always wants to try to think of things when they are creating different policies, that they are not just doing it with their own government hats in place; they try to consider how it is perceived. Mayor Grant indicated that the aspect is for someone to move forward, a future City Commission would have to declare land as surplus. City Attorney Cherof commented that at some point of the process that is correct. Mayor Grant questioned if the declaration is accepted before or after the Letter of Intent is accepted. City Attorney Cherof replied it would be before. Mayor Grant advised that the key point was that a Letter of Intent is not needed to declare land a surplus; however, they are not going to declare land a surplus because someone wants it. They must explain in detail and if that is the case, a Letter of Intent can be required. Vice Mayor Hay questioned at what point a date is given after the Letter of Intent has been accepted. City Attorney Cherof explained that the Commission would want to make the determination of surplus before accepting a Letter of Intent. A Letter of Intent might be entertained, but the Commission would have to bind themselves in a future transaction without making an evaluation of whether the land is surplus. He thought about adding details about what comes to surplus property, but thinking back over the years, the City Commission is in the best position to make that determination on a case-by-case basis, taking into consideration the information they have and the kind of context they get from constituents, the public, and whoever else is interested in the property. He thinks once 28 Meeting Minutes City Commission Boynton Beach, FL September 21, 2021 the City Commission conducts a discussion as to whether a property is surplus or not, the outcome would be correct. The Commission does not need the City Administration to tell them something is surplus, they are able to make that determination, although they could put that Administration would be important. 12. Legal A. Proposed Ordinance No. 21-025. First Reading. Approve Development Agreement Ordinance. City Attorney Cherof read Ordinance No. 21-025. Commissioner Penserga commented there are several blanks and he assumed they were for discussion. Mayor Grant questioned if the Commission wanted to go over each blank. Commissioner Penserga referenced Page 6, Paragraph D, that is a blank on formatting the number of the sections and that would be filled in as they go forward. On Page 7 the first sentence is blank and that is the trigger for reversion after Commencement of Construction. The expectation would be that would be a more limited light of reversion, but it would still be triggered by something. The Commission does not want someone making a significant investment in a property and finding out that it is subject to reversion. The reason is because development is unlikely if someone was going to have to take that kind of risk. He did not know the number and thought that might be some additional input the Administration Development might want to weigh in on. The bottom of Page 7, last paragraph, which is a payment the developer would agree to make up front to the City for past and future damages arising from the developer's breach of agreement. It may be a complete deterrent to development and if the number is too high it might be a reasonable risk that a developer may take knowing it would be an easy out from the project and simply to pay the money and move on. Commissioner Penserga questioned if that number was something the Development Department determine. City Attorney Cherof replied yes and thought they need that input. They have much more experience of communications with the development community; they get paid back from developers directly and indirectly through the planners and other representatives. It is all vetted in the process of someone exploring what they might want to develop, what it might cost, and what a list of benefits would be. Mayor Grant questioned what future development projects the City has. When he got on the Board, Downtown was a big development project, and he does not necessarily know 29 Meeting Minutes City Commission Boynton Beach, FL September 21, 2021 the City Surplus Funds or what types of projects they are trying to build with this ordinance. Commissioner Penserga stated it was not about trying to build anything. From his standpoint, it is about putting in safeguards. There are going to be future developments, that is inevitable, but the question is what the process is and what safeguards should be put in place. One of the current issues is when a developer acquires land and sits on it for a long period of time and continually asks for extensions. Safeguards could be put into place, so they are never in that position. He questioned if 30 months is an acceptable period for an extension or whether developers should apply when they are ready to build. This is about getting ready to take in future projects. Mayor Grant did not know the City's redevelopment picture Commissioner Penserga was speaking of and he asked the Commissioner to explain. Commissioner Penserga stated he did not know what would come up in the future. Mayor Grant questioned if timeframes were put into place. The problem is the language involved. He also questioned what Commencement of Construction means. Mr. Mack indicated that a Commencement of Construction is usually done when the first permit is on the project becomes vested, which is an actual permit for construction. Mayor Grant commented that he would probably want that language and not Commencement of Construction. He thought the Commission may want to have a conversation to see what the best interest and future development is for the City. The problem is this only applies to City land when they are working with the developer in a public private partnership. He knows some language is open to interpretation, which they do not want to see. He thought there should be more defining terms than Commencement of Construction and things should be more date certain, so it is not open to interpretation. He wants the Commission to understand exactly what they are doing and would like the Building Department and Mr. Mack to make sure all the language is certain, so it is not Commencement of Construction, it is first permit. He questioned what happens if another pandemic or major hurricane hits and if they would be in the same position. Mr. Mack explained these are Developer Agreements and they will be brought to the Commission on a case-by-case basis. City Attorney Cherof stated those details would be negotiated terms in the agreement itself. Mayor Grant commented that agreements will be on a case-by-case basis. City Attorney advised that details would be negotiated terms in the agreement itself. He .cWi Meeting Minutes City Commission Boynton Beach, FL September 21, 2021 suggested it might be more appropriate to Table this on First Reading. They would like to talk to the City Manager and maybe get some additional input from the CRA professional staff and their Legal Counsel. That would give Development staff some additional time to look at some of the details. Mayor Grant commented his big concern was making these statements and contract terms on the benefit of the City and the CRA. Having this discussion now is very important because the Purchase and Sale Agreement the CRA needs for their future products is more imminent, so this is something they need to have as part of their negotiations as a CRA body, not necessarily a City body. He would be in favor of Tabling this after a CRA discussion. City Attorney Cherof stated they would get the document out to the CRA tomorrow. Mayor Grant believed November 30, 2021 was the date he was hearing, so if the City has an ordinance in place or language they are currently drafting, it gives them an understanding where they are negotiating from as a CRA Board. W,1511=11 A motion was moved and duly seconded to Table the First Reading of the Ordinance until there is a CRA discussion. Motion passed unanimously. Discussion concerning equity regarding employee raises. Mayor Grant mentioned General Employee raises and noted that he spoke with different Department Directors and the City Manager about this. The way he saw it was that a lot of the raise money was being given to top earners. If identified by Department, there would be a big discrepancy with many of the entry level employees. He appreciated what Julie in HR provided him, which showed that some employees increased their salary by 50% in less than five years. He was pleased to see the City is good at career growth and keeping well trained employees. The spreadsheet he received basically shows that everyone is considered on an hourly rate, so the minimum wage is $15 per hour and with a 3% raise they get about 45 cents extra an hour versus someone making $60 per hour. He was thinking about having a minimum increase per hour for the lowest income earners of a dollar, so anyone who makes $15 per hour or $30 per hour, would get a dollar more. This is something he would like to do because all the employees have been working throughout the pandemic and he feels a 3% raise is not enough for entry level employees who do a lot of the work dealing with customers, like the first initial response. He did not know if this was already approved in the Budget, but it is something where the Tier system is based on an hourly rate, so they could have a minimum increase of a dollar or perhaps 75 cents. There may be some compressions, but he did not feel that it would ever get to that point. No one talked about this during the Budget discussion, and he questioned if City Manager LaVerriere was bringing that back. 31 Meeting Minutes City Commission Boynton Beach, FL September 21, 2021 City Manager LaVerriere advised they planned on bringing the discussion on premium pay with the ARPA Funding to do exactly what Mayor Grant was talking about. The intent of the Treasury is to allow these funds to be used as premium pay for low-income earners who were potentially exposed as first responders. She stated there are a variety of cost categories. A couple requests have been received from the Union. Mayor Grant stated it would be from the ARPA Funds, not the Collected Bargaining. City Attorney Cherof indicated there is a connection; the City cannot unilaterally provide a change of wages or benefits to a City employee represented by a Bargaining Unit. There must be a bargain to give that benefit, or a waiver must be obtained from the Union to do so. Mayor Grant commented that they would have that discussion later. As mentioned earlier for the General Employees, they are the ones who have not received as much of a raise as the Unionized employees have over the past five years, so an increase of 3% based upon an hourly wage increase would get them the same amount increase on an hourly basis. Commissioner Penserga asked that someone help him understand the counts and why some are dollars and some are numbers. Julie Oldbury, Director of Human Resources and Risk Management, explained the counts and dollars and how she arrived at the figures. Mayor Grant clarified that what he proposed does not affect many of the General Employees, it only affects part-time employees and the very low-income earners. He questioned if that was something to look at, as it would be a minimum increase. Commissioner Katz commented this could potentially cause people on salary to get a dollar and less tenured employees would be paid more marginally. Ms. Oldbury stated it could. Mayor Grant stated that more tenured employees at a lower rate also have the benefit that part-time employees have who have been there for a while. He would like to say the City's minimum increase for salary is either 3% or 75 cents per hour, whichever is greater. He understands his first request is not in-line because of the part-time employees and the fact that they have several positions in different departments that would create disparities. Commissioner Romelus asked for clarity about what Mayor Grant was proposing. Mayor Grant indicated it may increase by 3% for everyone, but he thought it was negligible on the total salary based upon part-time employees who are getting an extra 75 cents per hour compared to 50 cents to 75 cents per hour. It is something they are trying to increase 32 Meeting Minutes City Commission Boynton Beach, FL September 21, 2021 for the lowest end employees. Ms. LaVerriere stated the lower paid are part of the Bargaining Agreement. Commissioner Katz thought they should stick with the percent raises. Mayor Grant mentioned the big thing he was asking was to see what it would be like to have an increase in salary of 75 cents per hour for part-time and full-time employees. Commissioner Romelus said she was with Mayor Grant 100% on creating this equity in the employees and staff. She would, instead, perhaps put it on the HR and City Leadership to bring back proposals of what other communities have done around this topic of creating better equity within the community and they could explore and see what could work. She was not sure throwing out numbers was the best way to go. She thought they were setting a precedent for pay scale and equity for the future and if they are going to do it, it must be done right. Commissioner Katz thought the issue was the two different concepts; raises and salary adjustments. If the goal was to identify lower earning employees and determine that they want their base salary to be higher, which would not be relevant to raises, it would be an adjustment in the salary assigned to the employee with a certain job title and a certain number of years' experience. He was all for exploring salary adjustments for the lower end of the scale. These are two separate issues, and his preference would be to move forward with a budgeted raise and then ask staff if that was the desired mission to look at the lowest earning employees across the spectrum of job titles and determine costs associated within increases. He thought the applicant of the term and concept of equity to try to say everyone deserves the same raise regardless of tenure, skill, or job title, was a dangerous path to go because they do not deserve the same. He is in favor of raising minimum salary levels for low-income positions. They can adjust low-income salaries and maintain decent raises. Vice Mayor Hay said he did not mind the discussion, but what he did not like was being given a piece of paper at the dais that he has never seen before. This discussion is not on the agenda, and he felt items should be put on the agenda giving everyone the information so they can do their own research and talk to people. There are experts in the HR Department. He felt uncomfortable not having the opportunity as everyone else to do his own research. If they want to move forward on this, make it an agenda item, let staff bring the concepts and ideas, and the Commission will look at it. There was a consensus to ask staff to research other Cities that may have taken measures regarding equity in employee raises and research the need for salary adjustments. They will need to have a premium pay discussion at the next Commission meeting. 13. Future Agenda Items 33 Meeting Minutes City Commission Boynton Beach, FL September 21, 2021 A. Staff will prepare options for the Commission's consideration for handling Letters of Intent on City owned properties - October 5, 2021 B. 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 C. The PBC School District and the Education Foundation of PBC will provide an update to the City Commission on the Digital Inclusion Program - October 5, 2021. D. Approval of task order for design, permitting and construction administration services for Eco Park. - October 5, 2021 E. Head Start Purchase and Sale Agreement - October 19, 2021 F. Hazard Mitigation Grant Award for Potter and Dimmick Roads - October 19, 2021 G. Discuss process and estimated costs for a Recreation and Parks Bond Referendum Question in August 2022 - November 2, 2021 H. Building Department staff will present an update on the implementation of the new SagesGov software for permitting and inspections - November 15, 2021 I. National Flood Insurance Program Community Rating System Update - November 15, 2021 J. Sign Code Amendments - November 15, 2021 K. Representatives from FIU will present the Diversity& Equity Assessment of City Systems (Internal Assessment) - November 15, 2021 L. Mobility Plan & Technical Report - November 2021 M. City lobbyist Mat Forest to give a preview of the 2022 State Legislative Session 2022 and discuss the City's annual Legislative Agenda. - December 7, 2021 N. Discuss disposition of vacant 3.62-acre parcel adjacent to Leisurevillle and west of SW 8th Avenue -TBD O. Discussion regarding adjusting traffic signal timing for pedestrians during off- peak hours. - TBD P. Consultant Presentation of Housing Needs Assessment - TBD Q. Discuss Building Safety Inspection Program — TBD 14. Adjournment There being no further business Mayor Grant adjourned the meeting at 9:42 p.m. CITY • / ON B , H ___Mayor - Steven B. Grant 34 Meeting Minutes City Commission Boynton Beach, FL September 21, 2021 Vice Mayor-Woodrow L. Hay Commissioner-, '��►-:tz �i%tea Com "."77�tin : L. Romelus f1 /". / C. -Ty 'enserga ATTEST: ir 4 121b5, Cry.tal Gibson, MMC Ci Clerk AIM 41 iVI./ ammy Stan. one Deputy City Clerk 35