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Minutes 09-05-23 Minutes of the City Commission Meeting Held Online Via the GoToWebinar Platform and In-Person at the City Hall Commission Chambers 100 East Ocean Avenue, Boynton Beach, Florida On Tuesday, September 5, 2023, at 6:00 P.M. Present: Mayor Ty Penserga Daniel Dugger City Manager Vice Mayor Thomas Turkin (Left at 7:45 P.M.) David Tolces, Interim City Attorney Commissioner Woodrow L. Hay Maylee De Jesus, City Clerk Commissioner Angela Cruz Commissioner Aimee Kelley 1. Agenda Items A. Call to Order- Mayor Ty Penserga Mayor Penserga called the meeting to order at 6:00 P.M. Roll Call City Clerk Maylee De Jesus called the roll. A quorum was present. Invocation by Pastor Bryce Hutson, Christ Fellowship Church. Invocation was given by Pastor Bryce Hutson, Christ Fellowship Church. Pledge of Allegiance to the Flag led by Commissioner Woodrow Hay Commissioner Hay led the Pledge of Allegiance to the Flag. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Vice Mayor Turkin requested to move up item 3D after 2C. He requested to table item 10A. Mayor Penserga recommended he table the item when they get to that section. He spoke about item 10B regarding an additional applicant and recommended that it should be postponed. Mayor Penserga requested to move item 3D before Announcements. Commissioner Kelley requested September 14 as a date certain for Future Agenda item 13G. Mayor Penserga requested to move up items 2E & 2F following item 2A. There was Meeting Minutes City Commission Meeting Boynton Beach, FL September 5, 2023 consensus. Motion: Commissioner Cruz moved to approve the agenda, as amended. Vice Mayor Turkin seconded the motion. The motion passed unanimously. 2. Other Informational items by the Members of the City Commission. Commissioner Kelley disclosed that she spoke to Bradley Miller and Bonnie Miskel. She also received resident emails regarding items 8C and 8D. Commissioner Hay disclosed that he spoke to Bonnie Miskel. Vice Mayor Turkin disclosed that he spoke to the candidates for the Attorney position, and to Bradley Miller regarding item 8A. Commissioner Cruz disclosed that she spoke to residents, Bonnie Miskel, and Bradley Miller, regarding items 8C and 8D. She said that she also had the opportunity to interview all the candidates for the Attorney position. Mayor Penserga disclosed that he spoke to Bradley Miller regarding item 8A. A. Proposed Resolution No. R23-106- Adopt the proposed millage rate for the General Fund for Fiscal Year 2023-2024. Proposed Resolution No. R23-107- Adopt the Tentative Budget for the General Fund and all other funds for Fiscal Year 2023-2024. Mara Frederiksen, Director of Financial Services, spoke about the following: purpose of the millage and budget hearing; state truth in millage (TRIM); adjustment post budget workshop- general fund revenue highlights; adjustment post budget workshop- general fund highlights- expenditures; adjustment post budget workshop- other fund highlights; all funds- funding sources=$283.8M; all funds- expenditures+$283.8M; appropriation summary; millage rate impact on residential property; millage rate impact on commercial property; and questions. Mayor Penserga opened the public comments. David Katz spoke about the extra $36K to each Commissioner, located on page 43. He 2 Meeting Minutes City Commission Meeting Boynton Beach, FL September 5, 2023 said that if you want a raise, you should get it along the side of the employees. He mentioned that the raise should be that they do a great job and get re-elected. Jackie Long asked why the tax bill always comes back higher than the $25 that was told the amount will go up. She spoke about the cemetery being open only certain days during the week. She asked how we have money to support an audit office. She said she does not agree with the extra fees that are going up. David Murker spoke about being against the increases to the Commissioners. He said that the Commission lacks the respect of the people, to ask for these increases. Cindy Falco DiCorrado spoke about the sales tax for her household. She asked why we keep raising taxes. She mentioned the fire assessment, school board taxes, and state taxes. She said that they are watching everything the Commissioners are doing. Mack McCray said that he is against the pay raise for the Commissioners. He mentioned the $6M budget loss, the fire assessment, the cemetery proposal, and the property at the scrubs being used as a cemetery. Susan Oyer spoke about the excessive budget increase. She is against the 125% pay raise, against the CRA Trip, and spoke about not using ARPA funds for the schools. She said that they need to put money into the infrastructure, electric calls, solar panels, ticketing people in ED parking spaces, fix the cemetery problem, no to a having a City Attorney as an employee, and does not have a problem with the fire assessment. Gary Fishman spoke about the budget and said that the Commissioners do work hard, and mentioned that if they work more hours, then they should get more money. He said that there are good people on the dais. Ernest Mignoli said that the taxes are going through the roof, and that the City and the HOA are working together to not help the residents. He stated that the budget needs transparency. He mentioned that there are so many people without food in the City. He said that the budget is tied to politics and development Robert Tobano spoke about the graveyard, and how much it costs for each yard, and about maintenance of the cemetery. Steven Grant joined virtually, and said that he would like to look at the expense report. He mentioned the $50K for the State of the City and said that he looks forward to that. He spoke about the Pirate Fest and sponsorship. 3 Meeting Minutes City Commission Meeting Boynton Beach, FL September 5, 2023 Mayor Penserga closed the public comments. Commissioner Cruz spoke about one of the administrative positions to support the Finance Department, to help with grants. City Manager Dugger stated that the employee is going to have split duties with the grants and CBDG. Vice Mayor Turkin asked to have the allowances explained. City Manager Dugger said that it was two-fold: there was a survey done on a lot of cities and there was a mix between allowances and whether or not Commissions had the authority to provide pay raises. He spoke about referendums and ordinances and noted that the last pay raise was in 2005. He conferred with Legal and stated that Florida State Statute 166.021 provides a condition with the power and authority to provide pay raises. He spoke about the process with the pay raises, and the history of the past pay raises that were approved by Commissioners. Interim City Attorney Tolces spoke about the salary increase by ordinance history. He mentioned the items that require a referendum. Vice Mayor Turkin reiterated that there has not been a merit increase since 2005. He said that in 2003, Commission increased their pay. He spoke about being okay with certain things and not about other things. He asked for clarification on the bridge and funding sources. City Manager Dugger spoke about the ARPA funds being separate from the CIP. Vice Mayor Turkin asked for a separate discussion regarding the settlement funds from Town Square. Commissioner Hay said that he does not have a problem with the millage rate and fire assessment, but he does not agree with the budget increase. He mentioned that he would do this job for nothing and supports everything in the budget, with the exception of the increase to their budget. He commented that their increases should be subtle. He said that he will not accept the increase. He mentioned wanting to do the best thing for himself and the City. Commissioner Kelley said that she agrees with Commissioner Hay. She commended City 4 Meeting Minutes City Commission Meeting Boynton Beach, FL September 5, 2023 Manager Dugger for doing his research, but said that this is a significant jump. She asked about the itemizations that are outside of their control, such as memberships. She asked for an explanation of the Community Support Funds. City Manager Dugger spoke about the memberships that each position has to be a part of, and the purposes of the associations. He mentioned the different areas that the trainings can take place. He spoke about the Community Support Funds. Commissioner Kelley said that she will not support the high increase but will support something subtle and modest. Commissioner Cruz said that whether it is her or someone else in her seat, someone should be here at City Hall. She stated that a reasonable change would be positive, but she would not support all of the allowances. She said that the people who are responsible for running the City should be here while City Hall is open. Mayor Penserga does not support the proposal, as presented. He said that the role of Mayor is heavier than expected, and that it is important for accountability. He supports a moderate increase but believes that they need to be present when things are happening. He spoke about more accountability from Elected Officials. He asked about the budget, regarding the increase with Fire Station 5. Mario Guzman, Director of Public Works, spoke about the increase and what it was for. He explained that this is to make sure the AC is working for Fire Station 5 and replacing the generator. Mayor Penserga asked about the digital sign at Fire Station 3. Mr. Guzman stated that they are waiting for the branding to be finalized so that they can be uniform around the City. Commissioner Kelley stated that she spoke to Deputy City Manager Mack regarding this and budgeting it before the branding happened, so that it does not get delayed. Mayor Penserga said that he agrees, and asked staff to get it in this budget if they can. Commissioner Hay said that he agrees about the horrible sign, and asked if we are waiting on grant funding, like we are for the roads. Mr. Guzman explained why they are waiting on the branding. 5 Meeting Minutes City Commission Meeting Boynton Beach, FL September 5, 2023 Mayor Penserga asked about the Veterans Park cameras listed as blank. Deputy City Manager Mack stated that it could be planned out for a future year. Commissioner Cruz asked if the chiller could be more cost effective. Deputy City Manager Mack stated that there are three different chillers and said that this specific chiller was placed there in 2009. He said it was a planned project. Mr. Guzman said that they are being proactive and replacing it before the chiller breaks down completely, which will be more expensive. Deputy City Manager Mack spoke about going out to bid for this, to get the best pricing. Mr. Guzman said that this is for the air conditioning and backup generator. Commissioner Cruz asked about having regular air conditioning instead of a chiller. Mr. Guzman explained the difference and why the chiller is necessary. Vice Mayor Turkin spoke about Oyer Park and the Dredge Channel, and asked if that is happening this fiscal year. Deputy City Manager Mack said that it is a County project that we are giving them money for, and they are working on that. Vice Mayor Turkin spoke about the fishing pier being replaced and being happy to see the funds there. He asked for the timeline. Mr. Guzman said that it will begin this year. Vice Mayor Turkin spoke about the annual party for all of the Advisory Board Members. Assistant City Manager Matos said that she has been working with the events department and spoke about "Boynton Gives Back" and said that there is a budget for that event. Commissioner Cruz spoke about the Senior Advisory Board getting funding to use. City Manager Dugger asked Interim City Attorney Tolces if there is authority to add funds 6 Meeting Minutes City Commission Meeting Boynton Beach, FL September 5, 2023 to the Senior Advisory Board. Assistant City Manager Matos said that Advisory Boards do not have the authority to spend City money, but they can budget through the Recreation Department and through the Senior Center. Commissioner Cruz spoke about benches at the Veterans Park and asked for regular benches to be added. City Manager Dugger asked for a follow up email from Commissioner Cruz to get quotes about that. He spoke about pay allowances being mixed and needing clarification in order to make the amendments. Mayor Penserga said that he would like to have all three increases out. Commissioner Hay said he supports a 6% increase instead of what was proposed. City Manager Dugger said a percentage would have to be in the form of an ordinance. He explained the percentage by keeping the office stipend. Commissioner Hay said that he wants all three off. Commissioner Kelley said that she does not agree to the three allowances, and they can further discuss the potential for an ordinance for any salary increases. Ms. Frederickson asked for clarification because they are saying three, but there are four to consider. Commissioner Cruz said that she would like to have the health portion stay on the budget, and that it has been 20 years since there has been an increase. Commissioner Kelley said that she is not eligible because she does not get the City health insurance through the City, so she is neutral on that. Commissioner Hay agreed with Commissioner Kelley. Vice Mayor Turkin said that he thinks that everyone should have access to healthcare. Commissioner Kelley said that she never said that she does not support it, only that she will not be using those funds, but she supports other people who need it. 7 Meeting Minutes City Commission Meeting Boynton Beach, FL September 5, 2023 City Manager Dugger reiterated the consensus to say no to the three items, yes to the health. Interim City Attorney Tolces read the millage rate into the record. Motion: Commissioner Kelley moved to approve Resolution No. R23-106. Commissioner Hay seconded the motion. The motion passed unanimously. Commissioner Cruz reiterated that the millage rate is not increasing. Motion: Vice Mayor Turkin moved to approve Resolution No. R23-107, with amendments. Commissioner Cruz seconded the motion. The motion passed unanimously. E. Proposed Resolution No. R23-109- FY23-24 Fire Assessment Fee. Ms. Frederiksen said that they are maintaining the annual assessment at $120, there is no change. Commissioner Kelley asked for the explanation of the hardship application. Ms. Frederiksen spoke about the application, when they will be sent out, and when they are due. She mentioned the different reasons someone can apply. Mayor Penserga opened the public comments. Cindy Falco DiCorrado said that she never consented to the $120 fee. She stated that there are people that cannot pay the $120, and it is not fair that people who make more money to pay the same amount. She mentioned that it should be reassessed and be fair and dependent on the incomes. Vice Mayor Turkin left the dais at 7:45 P.M. Susan Oyer said that she agrees with this fee and that people should look at the history of why these were put into effect. She mentioned ways to work around this, with different amounts owed based on income. 8 Meeting Minutes City Commission Meeting Boynton Beach, FL September 5, 2023 Donald Turkin Jr. said that he is not against spending money on the Fire Department, but it should be through the millage, not a separate fire assessment. He said that it should be a little fairer. Mack McCray spoke about the fire assessment that should have been sunsetted. Jackie Long stated that she is against the raise for the fire assessment because there is already money being taken out of the budget for the fire station. She said that there should be some taxes taken off that they do not use. She spoke about not needing signs or cameras. Tracey Rostelini said that they should look more into the chiller because they are getting ripped off. Commissioner Cruz left the dais at 7:50 P.M. No virtual hands. Mayor closed public comments. Motion: Commissioner Kelley moved to approve Resolution No. R23-109. Commissioner Hay seconded the motion. The motion passed unanimously (3-0, Vice Mayor Turkin and Commissioner Cruz were absent from the dais). F. Proposed Resolution No. R23-110-Public Hearing for the FY 24 Annual Canal Maintenance Services Special Assessment. Angela Prymas, Utilities Department, spoke about the following: project area; aquatic management services; special assessment; and questions. Commissioner Hay asked what the increase was. Ms. Prymas said that there is no increase from last year. She spoke about the administrative fees for this assessment. Commissioner Hay asked about the breakdown of linear footage. 9 Meeting Minutes City Commission Meeting Boynton Beach, FL September 5, 2023 - Ms. Prymas spoke about how these are assessed and said that these are for specific area and will affect 101 properties. Ms. Poonam Kalkat, Utilities Director, spoke about the cost of doing the maintenance on the canals. Commissioner Cruz returned to the dais at 7:59 P.M. Commissioner Kelley commented that hopefully this will go away once the bridge is placed in that area. Ms. Kalkat said that if the bridge fixes the issue, then the assessment will go away. Commissioner Kelley asked if our expenses have increased for this or if we are breaking even. Ms. Prymas spoke about projecting for next year what they are spending now and said that they are about the same prices. Mayor Penserga opened the public comments. Sam Duke asked what exactly is being cleaned, and mentioned how dirty the canals are. He asked if it includes trimming of the trees and boats not being able to pass through. Gary Fishman said that the neighborhood appreciates the bridge being budgeted for this year. He spoke about the springs and ownership. Ernest Mignoli said that he lives on the intracoastal and sees a lot with the bridge and canals and said that he is not in favor of the assessment. He said the City should be responsible for it. There were no virtual hands. Motion: Commissioner Kelley moved to approve Resolution No. R23-110. Commissioner Hay seconded the motion. The motion passed unanimously (4-0, Vice Mayor Turkin was absent from the dais). B. Evergreen Compensation and Classification Study. 10 Meeting Minutes City Commission Meeting Boynton Beach, FL September 5, 2023 Tennille DeCoste, Director of Human Resources and Risk Management spoke about the background. Rob Williamson, Evergreen Consultant, spoke about the following: agenda; study process; compensation philosophy; compensation outlook; public sector wage and benefit growth; compensation review; market results; key study considerations; key recommendations; recommendation and costs; SEIU-white collar; SEIU- blue collar; and next steps. Mayor Penserga said that he believes this has already been budgeted for, and asked which option they would like. Commissioner Cruz said that the hybrid was suggested by staff, which is $376K, and said that she would be okay with that. Commissioner Hay said that he would support the hybrid plan and mentioned that he does not see a mass exodus from the City of Boynton Beach. He asked for further clarification. Mr. Williamson said that we have a heck of a team, and we have good things in place, but we are behind the market in all three key areas, which impacts the number of quality applicants. He mentioned that the employees are also looking to see what comes out of this study in making their employment decisions. He noted retention is competitive and difficult in the public sector. He said salaries need to be in a market-competitive position, especially in the region that Boynton Beach is in. Ms. DeCoste said that we had 120 vacancies prior to her coming here. She said they enriched their benefits, and this is the next step to become marketable to retain employees and attract new employees for hard to fill positions. She said they currently have 30 vacancies. City Manager Dugger said that we are a proactive organization, and he would like to retain his employees. He said retention is the cornerstone of an organization. Commissioner Hay asked where this would put us on the list if we went with hybrid. Mr. Williamson said that it would put us right in the middle. He recommended moving with the 60th or 70th percentile. 11 Meeting Minutes City Commission Meeting Boynton Beach, FL September 5, 2023 Commissioner Hay asked how often we need to analyze this. Mr. Williamson explained that it should be every 3-5 years. Commissioner Hay asked if the Vice Mayor is okay. Mayor Penserga said that he is going through a personal situation. Commissioner Kelley thanked Ms. DeCoste for bringing this up and said that we are really behind. She stated that she is comfortable with staffs recommendation. Mayor Penserga opened to public comments: Cindy Falco DiCorrado said that she is perplexed as to why we paid for an outside marketer, if we have HR on property. She mentioned having someone show up a half hour before closing and wasn't allowed in. Ernest Mignoli said that he does not agree with the plan, and that there should be different criteria used. He mentioned us copying cities that have a lot of problems. Jackie Long said that she agrees with Mr. Mignoli. She stated that the increase is huge and comes out of their money. There was consensus for the hybrid option. Motion: Commissioner Cruz moved to approve the Evergreen Compensation and Classification Study parity option. Commissioner Kelley seconded the motion. The motion passed unanimously. Assistant City Manager Matos said that a Compensation and Classification Study had not been done since 2005 and she applauds the HR Department and City Manager for taking on this project and making the City market-competitive. She stated that the option voted on tonight is not a cure-all but it is a move that gets them closer. She commented that she loves the City, community, and staff. Mr. Williamson noted that Evergreen Solutions is not owned by the Clinton Foundation. 3. Announcements, Community and Special Events And Presentations 12 Meeting Minutes City Commission Meeting Boynton Beach, FL September 5, 2023 C. Proclamation- Hunger Action Month. Mayor Penserga read the proclamation into the record. Commissioner Kelley spoke about volunteering at Feeding South Florida and said that she was going with her family on October 14th. She challenged the City staff to fill those volunteer slots. Mayor Penserga said that he will be there. Shelby, Feeding South Florida Community Engagement and Events Specialist, and thanked the Commission for being recognized. She spoke about the number of individuals they service and the different initiatives that they have. Commissioner Hay said that he used to serve every Thursday out of the Hester Center. He mentioned that it was moved and asked if we are doing the same number of people or less. Shelby said that they still do have distributions in different centers. She stated that the numbers are not as high as during Covid but there is still a huge need. 2. Other(con't) C. Proposed Resolution No. R23-111- Budget Stabilization. Mara Frederiksen, Director of Financial Services, spoke about the budget stabilization. She stated that this policy is implementing an additional 5% stabilization fund and upping that eventually to 25%. Mayor Penserga opened to public comment: There was none. Motion: Commissioner Hay moved to approve Resolution No. R23-111. Commissioner Cruz seconded the motion. The motion passed unanimously (4-0, Vice Mayor Turkin was absent from the dais). D. Proposed Resolution No. R23-108-Annual Comprehensive Fee Schedule Rate Changes. 13 Meeting Minutes City Commission Meeting Boynton Beach, FL September 5, 2023 Ms. Frederiksen spoke about following: rate changes to solid waste rates. Mayor Penserga asked if these are CPI increases. Ms. Frederiksen responded yes. Mayor Penserga opened to public comment: Susan Oyer said that some of the ARPA money should have been used to fix this problem. She stated that there should be solar panels that would help with being eco-friendly. She mentioned that we should look at the garbage people, because the garbage bins have been broken on her street. Cindy Falco DiCorrado said that she concurs with the $3 parking fee, and with the garbage truck pickup people, too. Debbie Mancha said that they will go elsewhere for parking. Ernest Mignoli said that utilities are very inefficient throughout the City. He stated that garbage is not picked up on the right days and garbage is being put in the wrong bins. There were no virtual hands. Commissioner Cruz said that she spoke about the parking increases being brought down to $2.50 from $3. Commissioner Hay supports it. Commissioner Kelley said that they spoke about reducing the parking for particular groups and asked for an explanation. Deputy City Manager Mack spoke about transitioning from a cash based system to electronic. He said that the rates will deter people from being there all day and taking up the parking. He stated that the senior rate is kept at $50 for the year. He mentioned that we are on the lower end of the rates in the County. Commissioner Kelley said that she would support $2.50, which would be $1 increase. Motion: 14 Meeting Minutes City Commission Meeting Boynton Beach, FL September 5, 2023 Commissioner Cruz moved to approve Resolution No. R23-108, as amended. Commissioner Hay seconded the motion. The motion passed unanimously. 3. Announcements, Community and Special Events And Presentations (con't) D. Presentation and Discussion- Artificial Reef. Mayor Penserga recommended a motion to table until the next Commission meeting. Motion: Commissioner Hay moved to table this presentation. Commissioner Kelley seconded the motion. The motion passed unanimously (4-0, Vice Mayor Turkin was absent from the dais). A. Announce Second Budget Hearing. Mayor Penserga announced the Second Budget Hearing. B. Announcement of the City of Boynton Beach 9/11 Memorial Ceremony. Mayor Penserga announced the event. 4. Public Audience Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of the Chair, this 3-minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Mark Carageorge said that we have an excellent interim attorney and that we should make him our permanent attorney. Laura Radcliff spoke about Boynton Beach not being great anymore. She said that there have been harassments to people who serve on the boards. She stated that she is disappointed that they did not put a stop to it at the Commission Meeting. She spoke about the issue with the art that was approved at the Art Advisory Board Meeting and comments made during the meetings. Victor Norfus enlightened everyone in regard to the unity project for 2024. He spoke about the different events that will happen in 2024. He spoke about art being about perspective. 15 Meeting Minutes City Commission Meeting Boynton Beach, FL September 5, 2023 JB South spoke about the art commission a few weeks ago. He spoke about the statue that was approved. He spoke about religion of the beast. He said that a lot of people that work for the City have evil in them. He said that the statue is a demon. Ace Tilton Radcliff spoke about being publicly harassed because of her Advisory Board vote. She said that she was not backed up by the Commissioners, and nobody should be afraid to speak up. She spoke about freedom of speech, censorship, and bullying. She asked for diversity to be allowed in arts. Debbie Macha said that she is giving them a 30-day notice for a petition against the art piece. She mentioned that other people are saying that it is demonic, and that the way it was commissioned was wrong. Susan Oyer spoke about the following: historic planner not being in the budget; historic art pieces around the City; her neighbor's house caught fire last week and the bulk pickup has not been there; putting more EV chargers in the City; palm trees on Quantum; and she thanked Wes for the recycle bins in her neighborhood park. Aileen Green hatcher spoke about the downtown Post Office and said that she would like to know where the new downtown office will be at. Dave Radcliff spoke about living in Boynton Beach and raising his family here. He said that he is disappointed in the Commissioners and the Community members for the way they acted. He spoke about what he does not approved of, and Ms. Tilton Radcliff being bullied. Sam Velazquez said that he would urge voting against the motion that Commissioner Cruz made at the last meeting. He said that voting should not be a requirement. Eric Pardi said that he does not have a problem that it is art, but that the message that this art piece is demonic. He spoke about the art being an attack on religion, men, women, and society. He said that children are committing suicide because of this art piece. Cindy Falco DiCorrado stated that it is ok for Ms. Radcliff to attack someone. Commissioner Kelley reminded Ms. DiCorrado not to address an individual person in the audience. Cindy Falco DiCorrado displayed a poster board about proposed taxes. Mayor Penserga said the public comments need to be about the City. Jackie Long stated that they do not want to be a smart city or a 15-minute city. She said 16 Meeting Minutes City Commission Meeting Boynton Beach, FL September 5, 2023 that they do not need people controlling us. She spoke about someone commenting on the people who are against the statue, and said that the art work is repulsive. She said that PBS should not be allowed in the City. Ernest Mignoli spoke about not being able to speak about anything that they want to. He said that he does not appreciate the decorum in the City. He said that we have not done anything yet about the intracoastal and the waste. Virtual hands: 1 Anna Oceanera spoke about the art issue that has been going on. She said that a 60-day appeal process is excessive. She spoke about the public audience section not being allowed to be used to attack people. She spoke against harassment. Mayor Penserga closed public comment. Mayor Penserga requested a recess at 9:28 P.M. There was consensus. Mayor Penserga reconvened the meeting at 9:43 P.M. 5. Administrative 6. Consent Agenda A. Reduce the allowance for uncollectible utility accounts. B. Proposed Resolution No. R23-112- Grant Agreement for the Marketing and Digital Connectivity Small Business Grant Program for DT Clinical Boynton, PLLC. C. Schoolhouse Children's Museum Third Quarter Report FY22-23. D. Proposed Resolution No. R23-113- FY 2023/2024 State Aid to Libraries Grant Agreement. E. Proposed Resolution No. R23-114- Resilient Florida Planning Grant Program 2023 Application Cycle. F. ARPA funding to be utilized for the purchase of a new Fire Rescue Boat. G. Legal Invoices June/July 2023. H. Commission Meeting Minutes. Motion: 17 Meeting Minutes City Commission Meeting Boynton Beach, FL September 5, 2023 Commissioner Cruz moved to approve the consent agenda. Commissioner Kelley seconded the motion. The motion passed unanimously. 7. Consent Bids and Purchases over $100,000 A. Proposed Resolution No. R23-007 - Bank of America - Piggybacking the City of Orlando. B. Datrium Equipment and Software Replacement - Police Department. C. Proposed Resolution No. R23-115- Flock Group Inc. - ALPR Technology and Acoustic Gunshot Detection Acquisition. D. Proposed Resolution No. R23-116- Beach Equipment Rental Concession for Boynton Beach Oceanfront Park. E. Bid Extensions and Piggy-Back Over $100,000. F. Proposed Resolution No. R23-117- Aetna Medical, Vision and Dental Contract. G. Proposed Resolution No. R23-118-Amendment FY 2022-23 Solid Waste Fund 431. H. Vehicle Purchases - September 2023. Motion: Commissioner Cruz moved to approve Consent Bids and Purchases over $100,000. Commissioner Hay seconded the motion. In a roll call vote, the motion passed unanimously. 8. Public Hearing 6 p.m. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Bay Walk Major Site Plan Modification and Master Plan Modification (MSPM 23-004 & MPMD 23-003). B. Bay Walk Variance (ZNCV 23-003). 18 Meeting Minutes City Commission Meeting Boynton Beach, FL September 5, 2023 Interim City Attorney Tolces swore in anyone who will be offering testimony for 8A or 8B. He confirmed that disclosures made by Commission Members occurred at the beginning of the meeting. Mayor Penserga said that 8A and 8B will be heard together. Bonnie Miskel, on behalf of the applicant, spoke about the following regarding Bay Walk IPUD: project location; proposed site plan; master plan/plat parcels; proposed site plan; landscape plan; landscape plan- enlarged; project frontage and green wall; pedestrian zone- variance; proposed elevations- Building Type A; proposed elevations- Building Type B; rendering entry/Green Wall; rendering; and recap; and questions. Jae Eun Kim, City Planner, said that staff is here for any questions that they may have. Commissioner Cruz asked if this is a for sale product. Ms. Miskel responded yes. Commissioner Cruz asked what was previously approved. Ms. Miskel said that it was apartments and there were 40. Now there will be 25 townhomes that will be purchased. Commissioner Hay said that he is happy to see this project. He asked about the 2-foot variance. Ms. Miskel reiterated the variance they are requesting. She spoke about parking and said that there are 56 parking spaces total. Commissioner Kelley said that she is happy to see this development and asked how many charging stations there will be. Ms. Miskel said that the garages will be EV ready. Phillipe Regara, member of the developer team, stated that there are 4 EV charging spaces, but every unit will be EV ready. Commissioner Kelley asked about the conditional approval. 19 Meeting Minutes City Commission Meeting Boynton Beach, FL September 5, 2023 Ms. Miskel spoke about condition#15 and asked for flexibility. She said that she requested privacy fences along the property line, all the way to the buffer. She spoke about maintaining the entire property. Amanda Radigan, Planning & Zoning Director, spoke about what has been recommended and allowed in the past. There was discussion regarding the buffer and the variance request. Mayor Penserga opened to public comment: Ernest Mignoli was sworn in. He said that this is to increase the sales value of these units. There were no virtual hands. Ms. Radigan stated that if there are pools being constructed, the fence that is required must be on that property. She spoke about the fencing requirements. Ms. Miskel spoke about doing what is best for the community. Motion includes all conditions, as proposed. Motion: Commissioner Hay moved to approve Bay Walk Major Site Plan Modification and Master Plan Modification (MSPM 23-004 & MPMD 23-003). Commissioner Kelley seconded the motion. The motion passed unanimously (4-0, Vice Mayor Turkin was absent from the dais). Motion: Commissioner Hay moved to approve Bay Walk Variance (ZNCV 23-003). Commissioner Kelley seconded the motion. The motion passed unanimously (4-0, Vice Mayor Turkin was absent from the dais). C. Proposed Ordinance No. 23-016- Second Reading - Amending Chapter 27, "Advisory Boards and Committees." Motion: Commissioner Cruz moved to Table Ordinance No. 23-016 until the September 14, 2023, Meeting. Commissioner Hay seconded the motion. The motion passed unanimously (4- 0, Vice Mayor Turkin was absent from the dais). 20 Meeting Minutes City Commission Meeting Boynton Beach, FL September 5, 2023 D. Proposed Ordinance No. 23-017- Second Reading - Amending Chapter 27, "Advisory Boards and Committees", Public Art Fee. Motion: Commissioner Cruz moved to Table Ordinance No. 23-017 until the September 14, 2023, Meeting. Commissioner Hay seconded the motion. The motion passed unanimously (4-0, Vice Mayor Turkin was absent from the dais). 9. City Manager's Report— No items 10. Unfinished Business A. Discuss Town Square Investigation Scope of Work. Motion: Commissioner Kelley moved to Table this discussion until the September 14, 2023, Meeting. Commissioner Cruz seconded the motion. The motion passed unanimously (4-0, Vice Mayor Turkin was absent from the dais). B. In-House City Attorney Rankings Ms. DeCoste spoke about the following: options; update; candidates; and Commission Directives. Mayor Penserga said that this applicant does not have city attorney experience, and he is not in favor of allowing him. Commissioner Hay agrees with Mayor Penserga and said that he would like to have a full Board before we make this decision. He said he would like to table this. Motion: Commissioner Hay moved to table this discussion until the September 14, 2023, Meeting. Commissioner Cruz seconded the motion. The motion passed unanimously (4-0, Vice Mayor Turkin was absent from the dais). 11. New Business — No items. 12. Legal 21 Meeting Minutes City Commission Meeting Boynton Beach, FL September 5, 2023 A. Proposed Ordinance No. 23-018-First Reading — Wireless Communication Facility Annual Registration (CDRV 23-007). Interim City Attorney Tolces read the title into the record. Jae Eun Kim, City Planner, spoke about the following: Summary of changes; and overview of the amendment. Commissioner Kelley thanked staff for these amendments. She asked how many unused facilites do we have. Ms. Kim said that they do not currently have a clear record or database. Commissioner Kelley asked if the City will be on the hook if it is abandoned. Ms. Kim spoke about the process if that happens. Commissioner Hay asked for more info regarding the WCF and if there are violations. Ms. Kim spoke about the communication towers and said that they have been properly equipped for safety and hazard concerns. She said that does not mean that they currently comply with the current code. She confirmed that there will be a registration fee for the annual application that will be presented at the next Commission Meeting, for consideration. Motion: Commissioner Cruz moved to approve Ordinance No. 23-018. Commissioner Hay seconded the motion. In a roll call vote, the motion passed unanimously (4-0, Vice Mayor Turkin was absent from the dais). B. Proposed Ordinance No. 23-019- First Reading -8 Year General Employee Pension Plan. Interim City Attorney Tolces read the title into the record. City Manager Dugger stated that this will put our general employees in line with CBA employees. He said that this is a time sensitive item, and if this is not passed, we will lose some great individuals. He spoke about the cost savings. 22 Meeting Minutes City Commission Meeting Boynton Beach, FL September 5, 2023 Deputy City Manager Mack said that it will show a $2.5M pension fund savings. City Manager Dugger spoke about our pension being healthy and robust. Commissioner Cruz spoke about lines 107-110. City Manager Dugger said that we are never going to have a market that will be up, and he spoke about the funding. He said that the City would lose money if we did a market rate percentage. Commissioner Kelley spoke about this staying budget neutral and the participants contributing 3% in years 6-8. She mentioned that the City is investing in their employees. Commissioner Hay said that he is comfortable with the way it is written. Motion: Commissioner Hay moved to approve Ordinance No. 23-019. Commissioner Cruz seconded the motion. In a roll call vote, the motion passed unanimously (4-0, Vice Mayor Turkin was absent from the dais). C. Proposed Ordinance No. 23-020- First Reading - Boynton Beach Amendments to the 7th Edition (2020) of the Florida Building Code. Interim City Attorney Tolces read the title into the record. John Kuntzman, Building Official, spoke about the following: BBA to FBC 101.6; BBA to FBC 102.2; BBA to FBC 104.10.1 ; BBA to FBC 105.2; BBA to FBC 105.2 continued; and BBA to FBC 110.10.1. Commissioner Hay requested a list to be put together in layman's terms on what permits are needed for. Mr. Kuntzman said that he tells people to contact the building department if they ever have questions. Commissioner Kelley asked if this affects visibility rules, regarding the sheds. Mr. Kuntzman spoke about the different permits needed and when a building permit is required. He spoke about educating the citizens. 23 Meeting Minutes City Commission Meeting Boynton Beach, FL September 5, 2023 Commissioner Kelley asked about building recertification. Mr. Kuntzman spoke about the state requirement being 30 years and the City being 25 years. There was discussion regarding the recertification process. Motion: Commissioner Hay moved to approve Ordinance No. 23-020. Commissioner Cruz seconded the motion. In a roll call vote, the motion passed unanimously (4-0, Vice Mayor Turkin was absent from the dais). 13. Future Agenda Items A. Adoption of Local Rules of Procedure and Quasi-Judicial Rules pertaining to all official meetings of the City Commission of Boynton Beach, requested by Mayor Penserga. - October 3, 2023. Adopt the proposed Local Rules of Procedure. B. Discussion on best practices in regards to regulating tints for paraphernalia shops. - October 3, 2023. Discussion requested by Vice Mayor Turkin. C. Report regarding sewer spill into intracoastal waterway. - October 17, 2023 Report regarding sewer leak in the Intracoastal Waterways. Requested by Mayor Penserga. D. Discussion regarding regulations to support local businesses.- November 7, 2023 Discussion requested by Commissioner Cruz. E. Discussion regarding annexation options and procedures. — December 5, 2023 Requested by Commissioner Hay. F. Discussion regarding existing regional programs and best practices to combat homelessness in the City. - March 19, 2024. Discussion requested by Commissioner Hay. G. Advisory Board Annual Reappointments and Appointments. - Tabled from April 4, 2023.- Pending approval of Advisory Board Ordinance- September 14, 2023. H. Discussion regarding the Art Assessment Fee. - TBD 14. Adjournment 24 Meeting Minutes City Commission Meeting Boynton Beach, FL September 5, 2023 Motion: Commissioner Hay moved to adjourn the meeting. Commissioner Cruz seconded the motion. The motion passed unanimously (4-0, Vice Mayor Turkin was absent from the dais). There being no further business to discuss, the meeting was adjourned at 11:17 P.M. CITY OF BOYNTON BEACH ATT T: Maylee De, esus, MM City Clerk ���pt�i i0: t03 0. 2' HJV- 25