Loading...
Minutes 04-16-24 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, April 16, 2024, at 6:00 P.M. Present: Mayor Ty Penserga Daniel Dugger, City Manager Vice Mayor Aimee Kelley Shawna Lamb, City Attorney Commissioner Angela Cruz Maylee De Jesus, City Clerk Commissioner Woodrow L. Hay Commissioner Thomas Turkin- ABSENT 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. The Invocation was given by Pastor Bryce Hutson. Pledge of Allegiance to the Flag led by Mayor Penserga. Mayor Penserga led the Pledge of Allegiance. Agenda Approval: 1 . Additions, Deletions, Corrections Commissioner Hay added the Mental Health Awareness Proclamation to the agenda. Mayor Penserga added a Legislative Break discuss under New Business. He requested to remove the Beautification Plan from Future Agenda and add it to the next meeting. He asked to add a discussion regarding sidewalk clean up to the next meeting as well. He requested to add the following discussion topics to Future Agenda items: chemicals in the water, and procurement policies and procedures. Commissioner Cruz stated that there is a presentation today regarding local preferences, and that the legal team is updating the entire procurement process. City Manager Dugger confirmed that they have been working on the procurement process in Finance. City Commission Meeting Minutes Boynton Beach, FL April 16, 2024 Commissioner Cruz said that she would like to table the local business presentation and have a discussion at a later time. She stated that once we look at the procurement process, she wants to have adequate time to review the large documents. City Attorney Lamb stated that their goal is to codify just the procurement code. Mayor Penserga added a request for the safety and security report to be sent to the Commission. He also requested an update on the settlement funds on Town Square and ARPA funding. City Manager Dugger suggested combining the funding topics with Item 13F since they are related. City Manager Dugger asked if these two items can be combined into #13F. Mayor Penserga said that he wants a more in-depth overview of the funding. Commissioner Kelley asked for the deadline for ARPA funds. Ms. Frederiksen stated that they have to be allocated by December 2024 and used by December 2026. Commissioner Hay stated that the homelessness mandate topic is on the agenda for May 7'h and he wants to make sure that the new law is followed. City Manager Dugger said that we have until October 2024 until the mandate takes place. Vice Mayor Kelley asked if a workshop date has been set yet for the strategic plan. City Manager Dugger stated that he understood that they wanted to have public input, make any changes and come back to the dais with changes. Commissioner Cruz requested an update for the Golfview Harbor paving to be sent to her. City Manager Dugger stated that he will send an email update. 2. Adoption Motion: Vice Mayor Kelley moved to approve the agenda, as amended. Commissioner Cruz seconded the motion. The motion passed unanimously. 2 City Commission Meeting Minutes Boynton Beach, FL April 16, 2024 2. Other A. Informational items by the Members of the City Commission. Commissioner Cruz said that they attended the volunteer banquet and thanked staff and said it was beautiful. Commissioner Hay said that the went to the homeless banquet and it was a success and well attended. Mayor Penserga recognized a City Employee, Melanie Gayahpersad, for all that she does in events. City Manager Dugger stated that Melanie has helped out with a lot of things, and she definitely is not a 9-5 employee. 3. Announcements, Community and Special Events and Presentations A. Announcement- Senior Health Fair. Mayor Penserga announced the Senior Health Fair. B. Announcement- Mother's Day luncheon. Mayor Penserga announced the Mother's Day luncheon. C. Announcement- the Adaptive Pickleball Clinic Mayor Penserga announced the Adaptive Pickleball Clinic. D. Proclamation- Child Abuse Prevention Month. Mayor Penserga read the proclamation into the record. Ms. Kemberly Bush, CEO for Pathways to Prosperity, Inc., and Hallie Balbuena, Site Director for Bridges at Boynton Beach, accepted the proclamation. Ms. Bush stated that they are honored to accept this proclamation. She spoke about the schools that they are partnering with to bring attention to the problem with Child Abuse. A short video was shown. ADDED- Proclamation- Mental Health Awareness Month. Commissioner Hay read the proclamation into the record. 3 City Commission Meeting Minutes Boynton Beach, FL April 16, 2024 Gerda Klein, Boynton Beach Mental Health Committee, accepted the proclamation and thanked them for their continued support. She read a history on "Get your Green on Day," which is on May 16. She spoke about a few other events that they will be having in May, and training opportunities. E. Legislative Update by Senator Lori Berman and Representative Joe Casello. Senator Lori Berman spoke about the following: the Legislation was successful in passing a balanced budget; 3 projects for Boynton Beach passed so far; Live Healthy bill; preemption to take away home rule; vacation rental properties; homeless bill- April 29th workshop at 9 AM at PBSC the PBC Homeless Task Force; and the renaming of State Road A1A to Jimmy Buffet Highway. She added that she is happy to represent the City. Commissioner Cruz said that it is important for the residents to hear the updates from Legislation and noted that we have no control over some things. Vice Mayor Kelley agreed with Commissioner Cruz and said that she appreciates Senator Berman for fighting for the cities, especially for Home Rule. Senator Berman said that each municipality is unique, and we lose sight of that when we start doing preemption. Commissioner Hay thanked her for coming. He asked if other cities are pushing back on the homeless bill, and if there is support anywhere. Senator Berman said that there is support in Palm Beach County, which is why that meeting is scheduled. She mentioned that Broward County has expressed concern. She mentioned that the League of Cities is going to have to take charge with this issue. She said arresting people experiencing homelessness is not the way to address this issue. Mayor Penserga thanked Senator Berman for her hard work. He asked about the rationale behind preemption of workers. Senator Berman said that their argument should be the same for every builder, so that they do not have to know what the individual rule is for each municipality. She stated that it was disturbing to see that this legislation passed. 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 4 City Commission Meeting Minutes Boynton Beach, FL April 16, 2024 of business coming before the City Commission) Susan Oyer said that one EV charger out front is broken. She spoke about the Arts Program, and its history with kinetic art. She stated that there is a downward spiral for the Arts Program, and it needs to stop. She mentioned that she repeatedly advocated for the hiring of a Public Arts Director, and that there needs to be more support for kinetic art. Eric Pardy spoke about the Black Lives Matter flag as an organization that burns down cities and attacks Police Officers, and brainwashes the kids in schools. He said that the flag if offensive, and he cannot believe that there is still racism in today's day in age. David Merker spoke about mental health being personal. He said that we need to come together to make sure we have our health. He suggested that they need to constantly promote mental health. Cindy Falco De Corrado spoke about the LGBTQ flag on the road and promoting pedophiles. Harry Woodworth spoke about the strategic plan and getting it on the agenda before the budget. Janet Thompson asked why the City is trying to annex West Boynton and why is the water going out west, because now the water quality is bad. She said that the Mayor is running for County Commissioner, where the water is supposed to go out to. She said that they serve the public and they need to remember that. Mayor Penserga stated that is no one online and closed public comments. 5. Administrative A. Proposed Resolution No. R24-078- Establishing an auditor selection committee, appointing the members, and designating a member of the City Commission to serve as the Committee Chair as required by section 218.391, Florida Statutes. Ms. Frederiksen spoke about the Florida Statute that has been updated, and noted that this would establish a committee. Mayor Penserga asked about the commitment level. Ms. Frederiksen spoke about the RFP going out in June or July, and what they would be doing. She said it would take 1-2 meetings. Motion: Mayor Penserga nominated himself to the auditor selection committee and approve 5 City Commission Meeting Minutes Boynton Beach, FL April 16, 2024 Resolution No. R24-078. Commissioner Hay seconded the motion. The motion passed 3-0, Commissioner Cruz was absent from the dais during voting. B. Community Support Funds. Motion: Commissioner Cruz moved to approve the Community Support Funds from Commissioner Cruz, as requested. Vice Mayor Kelley seconded the motion. The motion passed unanimously. 6. Consent Agenda A. Proposed Resolution No. R24-079- Declaring a .012-acre portion of the property located at 3501 N. Congress Avenue surplus and approving and authorizing the Mayor to sign a Warranty Deed conveying the right-of-way corner clip for intersection improvements at Congress Avenue and Miner Road within the City of Boynton Beach from the City to Palm Beach County. B. Proposed Resolution No. R24-080- Approving an agreement with Plotbox, Inc., for cemetery mapping and record keeping software in an amount not to exceed $76,512. C. Proposed Resolution No. R24-081- Approve and authorize the City Manager to sign the Easement Agreement between 51 Hypoluxo, LLC, ("Grantor") and the City of Boynton Beach ("Grantee") for construction, operational repair, maintenance, and future replacement of a sanitary sewer lift station and underground wastewater infrastructure. D. Proposed Resolution No. R24-082- Approving Releases of Claim and Indemnification Agreements totaling $200,000 in the matter of Devon Schulte, Staci Schulte, and Devon Schulte, as Father and Natural Guardian of T.S., a minor v. City of Boynton Beach, filed in the Fifteenth Judicial Circuit, in and for Palm Beach County, Florida, Case No. 50-2023-CA-003474-XXXX-MB. E. Proposed Resolution No. R24-083- Approving a Partial Release of Mortgage for 104 East Gateway Boulevard, Boynton Beach, Florida 33435. F. Approve renewal report for one-year extension for RFPs/RFQs/Bids and/or Piggyback for the procurement services and/or commodities under $100,000 as described in the written report for April 16, 2024 - " Request for Extensions and/or Piggybacks." Motion: 6 City Commission Meeting Minutes Boynton Beach, FL April 16, 2024 Commissioner Hay moved to approve the consent agenda. Commissioner Cruz seconded the motion. The motion passed unanimously. 7. Consent Bids and Purchases over $100,000 A. Proposed Resolution No. R24-084- Approving a change order to purchase order #240517 with Governmentjobs.com, Inc., increasing the total purchase order to an amount not to exceed $172,000, for a human resources software subscription. B. Proposed Resolution No. R24-085- Approve and Authorize the City Manager to execute a First Amendment and Consent to Assignment of Town Square / City Facilities Maintenance Services Agreement in order to remove HVAC maintenance and Electrical Systems Maintenance from the agreement and assign the current Agreement with ABM Building Solutions, LLC, to AMB Industry Groups, LLC, in accordance with Article 15 of the Agreement. Commissioner Cruz requested to pull Item 7A. Motion: Commissioner Cruz moved to approve the Consent Bids and Purchases over $100,000, as amended. Vice Mayor Kelley seconded the motion. The motion passed unanimously. 7A. Proposed Resolution No. R24-084- Approving a change order to purchase order#240517 with Governmentjobs.com, Inc., increasing the total purchase order to an amount not to exceed $172,000, for a human resources software subscription. Ms. Lynn Nazario, Human Resources Director, spoke about what they currently use for an HR System and how this module would help out in the City. She said that we are adding to the bill that they pay to NeoGov. Commissioner Cruz said that this will add a lot of training and other items. She said that she just wanted to congratulate staff. Motion: Commissioner Cruz moved to approve Resolution No. R24-084. Commissioner Hay seconded the motion. The motion passed 3-0. Vice Mayor Kelley was absent from the dais during voting. 8. Public Hearing 7 City Commission Meeting Minutes Boynton Beach, FL April 16, 2024 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. City Clerk De Jesus sworn in those intending to speak on Items 8A-8E. Commissioner Hay said regarding Items 8A-D that he has not had any ex-parte communication, has not received written communication, has not conducted an investigation, has not made a site visit, and has not received expert opinions. He requested that these disclosures and all written communications be made a part of the record. Mayor Penserga said regarding Items 8A-C that he has not had any ex-parte communication, has not received written communication, has not conducted an investigation, has not made a site visit, and has not received expert opinions. He requested that these disclosures and all written communications be made a part of the record. Vice Mayor Kelley said regarding Items 8A-D that she has not had any ex-parte communication, has not received written communication, has not conducted an investigation, has not made a site visit, and has not received expert opinions. She requested that these disclosures and all written communications be made a part of the record. Commissioner Cruz said regarding Items 8A-D that she has not had any ex-parte communication, has not received written communication, has not conducted an investigation, has not made a site visit, and has not received expert opinions. She requested that these disclosures and all written communications be made a part of the record. Clerk De Jesus read all item titles into the record. A. Proposed Ordinance No. 24-007- Second Reading - An Ordinance of the City Commission of the City of Boynton Beach, Florida, amending Ordinance No. 89-38 by amending the future land use map of the City of Boynton Beach, Florida, for an approximately .587 acre parcel of real property located at 2508 North Federal Highway, Boynton Beach, Florida, by changing the future land use classification from local retail commercial (LRC)to high density residential (HDR); declaring the proposed amendment to the future land use map to be consistent with all other elements of the comprehensive plan of the City; providing for severability, conflicts, and providing for an effective date. Proposed Ordinance No. 24-008- Second Reading - An Ordinance of the City 8 City Commission Meeting Minutes Boynton Beach, FL April 16, 2024 Commission of the City of Boynton Beach, Florida, amending Ordinance No. 02-013 to rezone an approximately .587 acre parcel of real property located at 2508 North Federal Highway, Boynton Beach, Florida, from community commercial (C-3) to infill planned unit development (IPUD); declaring the proposed amendment to be consistent with the comprehensive plan of the City; providing for severability, conflicts, and providing for an effective date. Craig Pinder, Senior Planner, provided a quick overview of the items. Mayor Penserga opened to Public Comment, there was none. Motion: Commissioner Cruz moved to approve Ordinance No. 24-007, on Second Reading. Vice Mayor Kelley seconded the motion. In a roll call vote, the motion passed unanimously. Motion: Commissioner Hay moved to approve Ordinance No. 24-008, on Second Reading. Commissioner Cruz seconded the motion. In a roll call vote, the motion passed unanimously. B. Approve Development Order for a Community Design Appeal (CDPA 2024.02.16905)for Potter Townhomes of Part III, Chapter 4, Article III, Section 3.H. "Downspouts," requiring external downspouts to be enclosed within the building structure. Motion: Commissioner Hay moved to approve CDPA 2024.02.16905. Commissioner Cruz seconded the motion. The motion passed unanimously. C. Approve Development Order for Variance 2024.02.16905 for Part III, Chapter 4, Article II, Section 4.B.3.c- Urban Landscape Buffer (Type 2), to grant a variance of seven (7) feet from the required twelve (12) foot buffer, to allow for a five (5) foot wide landscape buffer and the elimination of the requirement to provide a six (6) foot high masonry wall for the Potter Townhomes project. Motion: Vice Mayor Kelley moved to approve Variance 2024.02.16905. Commissioner Cruz seconded the motion. The motion passed unanimously. 9 City Commission Meeting Minutes Boynton Beach, FL April 16, 2024 D. Approve Development Order for New Master Plan and New Site Plan (NMP, NWSP-2023.06.12894) for Potter Townhomes to construct 8 townhome units, amenities, and associated site improvements on a 0.587-acre site, located at 2508 N Federal Highway. Motion: Commissioner Hay moved to approve NMP, NWSP- 2023.06.12894. Vice Mayor Kelley seconded the motion. The motion passed unanimously. E. Proposed Ordinance No. 24-011- First Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, amending Chapter 3, "Zoning," Article III. "Zoning Districts and Overlay Zones," Section 8(c)(7)(c) "Fenestration Requirements" of the land development regulations, providing for conflicts, severability, codification, and an effective date. Commissioner Cruz said regarding Items 8E that she has not had any ex-parte communication, has not received written communication, has not conducted an investigation, has not made a site visit, and has not received expert opinions. She requested that these disclosures and all written communications be made a part of the record. Vice Mayor Kelley said regarding Items 8E that she has not had any ex-parte communication, has not received written communication, has not conducted an investigation, has not made a site visit, and has not received expert opinions. She requested that these disclosures and all written communications be made a part of the record. Mayor Penserga said regarding Items 8E that he has not had any ex-parte communication, has not received written communication, has not conducted an investigation, has not made a site visit, and has not received expert opinions. He requested that these disclosures and all written communications be made a part of the record. Commissioner Hay said regarding Items 8E that he has not had any ex-parte communication, has not received written communication, has not conducted an investigation, has not made a site visit, and has not received expert opinions. He requested that these disclosures and all written communications be made a part of the record. City Clerk De Jesus read the item into the record. Ms. Amanda Radigan, Planning Department, spoke about the following: summary of 10 City Commission Meeting Minutes Boynton Beach, FL April 16, 2024 amendments; Cultural District Overlay; Amended Requirements; diagram of buildings; and conclusion. Commissioner Kelley asked if this is just a cleanup in downtown. Ms. Radigan said yes. Mayor Penserga opened public comment. Susan Oyer stated that there was a story in the news this week about birds dying because of glazing on windows during migration. She asked for this to be postponed so that they can do more research on this. Mayor Penserga noted that this is first reading, so it will come back. Motion: Vice Mayor Kelley moved to approve Ordinance No 24-011, on First Reading. Commissioner Hay seconded the motion. In a roll call vote, the motion passed unanimously. 9. City Manager's Report- None 10. Unfinished Business A. Consideration of proposed Unity Project Murals. Craig Clark, Director of Arts and Culture, spoke about the history regarding the Unity Project Mural Artist Final Proposal. Kelley Armstead, Arts and Cultural Manager, spoke about the following: Unity Mural Project walls; Art Advisory Board- requested changes; Craig McInnis updated mural; Eduardo Mendieta Mural; and community comments. She stated that staff recommends approval. Mr. Clark stated that there were 12 Unity Project meetings and a few in regard to the murals. Commissioner Hay stated that he likes the idea of having the ordinances buried in the picture. He said that he is glad to see us at this point, so that we can move forward. Vice Mayor Kelley commented that she thinks that the artwork placement is great. She thanked the artists for being flexible and embracing the City. 11 City Commission Meeting Minutes Boynton Beach, FL April 16, 2024 Commissioner Cruz thanked staff for working on this, and she wanted to ask that the hands of the middle child not be bigger than the other kids, because that was the feedback from the community. City Manager Dugger stated that there was a lot of work provided by the staff and he appreciates all the hard work. Mayor Penserga opened public comment. There was none. Commissioner Hay commended Commissioner Cruz's observation of the hand size of in the middle child and to make sure that it is the same size. City Attorney Lamb suggested a comment from the artist. Eduardo Mendieta, artist, explained why the child's hand looks like that and said that he will try to adjust it without it looking weird. Commissioner Cruz asked the artist to share the reference photograph with Commissioner Hay. Motion: Commissioner Hay moved to approve the proposed Unity Project Murals, with a condition of approval to adjust the size of the hands of the middle child. Commissioner Cruz seconded the motion. The motion passed unanimously. 11. New Business A. Discuss options for the Central Parcel of the Town Square Master Plan. Ms. Radigan spoke about the following regarding the Town Square Central Parcel; phase 4 central parcel map; town square central parcel Boynton Town Square development site; request for proposal (RFP) process; development options; option 1- sell the property; apartment land sale comparable; hotel land sale comparable; option 2- land (ground) lease; option 3- own, build, operate; option 4- hybrid; pros and cons; and town square central parcel. She mentioned that waiting is also an option. Mayor Penserga thanked her for the presentation, and said that this item is just informational, and we are not making any decisions. Commissioner Cruz commented that the timeline relative to the Town Square construction is important. She mentioned that there were desires to have a hotel downtown and that she would like to have it in this spot. She said that we should focus on maintaining the land and proposed a protective covenant as hotel only, so that it can 12 City Commission Meeting Minutes Boynton Beach, FL April 16, 2024 only be a hotel in the future. She stated that this is more of a long-term goal. Ms. Radigan stated that they can do a market study regarding having a hotel there now. She said that since the City is a landowner within the master plan, they can make a stipulation on what can happen in that space. Commissioner Cruz said that maintaining this as a City property will provide a good opportunity to incentivize a developer to build a hotel. Vice Mayor Kelley stated that they do not know the key factors because we do not have answers to the things that may influence decision-making. She said that as much as she wants to embrace the vision of a hotel, we do not know what the future will require for us. She commented that we should continue to move forward with the other components, and it will guide what we do with this parcel. Commissioner Hay stated that parking is still a challenge, we have been talking about a hotel, and he is not sure about us being landlords. He said that he likes the idea of continuous revenue source and a hybrid approach. B. Local Business Preference Overview Presentation Ms. Kristeena Pinto, Purchasing, spoke about the following: Local Preference; 2024- business within the city limits; and options for improvement and challenges. Commissioner Cruz said that we have a great starting point, and we should continue to work towards additional opportunities for local businesses. She wants to keep this on Future Agenda Item so that they can make it part of the procurement policy. C. Proposed Ordinance No. 24-009- First Reading, An Ordinance of the City of Boynton Beach, Florida Amending Part II, Chapter 18, Article IV, "Pensions for Firefighters" of the City Code of Ordinances; by Amending Sections 18-180.2 and 18-194 to create a 2.8% COLA for Firefighters who complete eight years of drop participation to be funded with a 6% employee pick-up contribution during drop participation; amending section 18-180.2 to delay the 2% cola for disability retirees until five years following the date that would have been the disability retiree's normal retirement date; and amending Section 18-182 to lower the service-connected disability payment from 66 2/3% to 60% for disability retirement after the effective date; providing for severability. City Clerk De Jesus read the item into the record. Georgio Salame, Local 1899 President, provided a brief overview of the changes. He gave a history lesson on the Chapter and stated that they were able to receive revenue from the state in regard to access tax. He further explained that the plan is 100% funded 13 City Commission Meeting Minutes Boynton Beach, FL April 16, 2024 between the state tax money and the employees. He spoke about the disability that will lower the liability on the City. Vice Mayor Kelley asked for clarification about the funds. Mr. Salame explained the change request and the increase in benefits. Vice Mayor Kelley asked if the $175 is not in excess. Mr. Salame said that in 2021 they were at a loss, but they have been putting money in reserves, so there has been no cost from the City. He stated that the actuary noted that they are expecting an increase each year. Vice Mayor Kelley spoke about her concern. Mr. Salame said that they are trying to be fiscally responsible so that they can continue to fund this. Commissioner Cruz said that her questions were answered. Mayor Penserga opened public comment, there was none. Motion: Commissioner Cruz moved to approve Ordinance No 24-009, on First Reading. Vice Mayor Kelley seconded the motion. In a roll call vote, the motion passed unanimously. D. Proposed Ordinance No. 24-010- First Reading- An Ordinance of the City of Boynton Beach, Florida, amending Part II, Chapter 14, by creating Section 14.6 of the Code of Ordinances declaring purpose and intent, authorizing placement and installation of a school zone speed detection system, providing for implementation of general law by the City Manager and designation of local hearing officer; making findings regarding relevant traffic data and evidence warranting additional enforcement procedures and designating school zone speed detection system locations, which constitute a heightened safety risk; providing for conflicts, severability, codification, and an effective date. City Clerk De Jesus read the item into the record. Chief DeGiulio provided an overview on the House Bill 657, which allows the Police to add cameras in school zones. He said that we have 9 school zones and that it would be 2 times a day, and this will help clear our resources. Commissioner Hay asked what the violation fines might be. 14 City Commission Meeting Minutes Boynton Beach, FL April 16, 2024 Chief DeGiulio said that the notice of violation would be $100, and he broke down where the funds would be going. Commissioner Hay asked what would happen if some violators were our own employees. Chief DeGiulio said that the operator of the vehicle is responsible for the violation, unless it is an emergency vehicle and it is justified. Mayor Penserga asked if the hours of operation would be during school hours. Chief DeGiulio said yes, and the cameras will always be recording because it is a live view camera, but it will not do any enforcement. Vice Mayor Kelley said that there are a lot of violations during school zones, and any way that we can protect children and other people is great. She asked if there are points against the driver. Chief DeGiulio said that there are no points assessed. Vice Mayor Kelley asked if there are any municipalities with the cameras in place. Chief DeGiulio said that there are currently no cities operating them, but a few passed the ordinance to have them installed. Vice Mayor Kelley asked what the process would be, what the timeline is. Chief DeGiulio said that the next step would be a selection of the vendor. Commissioner Cruz applauded the Police for implementing this. She spoke about line 131 and asked for clarification. City Attorney Lamb explained the two different parts. Chief DeGiulio said that it does not have to be a sworn Police Officer. City Attorney Lamb Shawna explained what line 131-133 means, regarding procurement of different vendors for different parts of this. Commissioner Cruz asked if this could be seen as circumventing the RFP process. City Attorney Lamb responded no and reviewed the different parts of the program that could require different vendors. 15 City Commission Meeting Minutes Boynton Beach, FL April 16, 2024 Commissioner Cruz stated that because this is a new program, she would like to make sure that the City uses an appropriate and competitive process to procure the new services, following the parameters of best in price, best services for the City, as well as experience. She asked for support to strike out line 131, to allow for an RFP process. She stated that the language in this appears to be that administration is one thing and procurement is another. City Attorney Lamb stressed that they cannot subvert state law, and this allows them to get multiple vendors, and the Commission would still need to approve any final agreement. She spoke about lines 134 and 135, which require RFPs. She mentioned that it might be best to open up an RFP with regard to all of the vendors at one time. She spoke about the software being the same as the one used for Red Light Cameras. Commissioner Cruz reiterated her concerns. She asked to amend lines 131-135. Mayor Penserga asked if her attempt is to make sure that there is an RFP process. Commissioner Cruz said yes and explained why, referencing the City of Plantation. She stated that she would like a fair and transparent RFP process. Mayor Penserga asked if the language in the document allows for an RFP process. City Attorney Lamb stated that it allows for the City to competitively procure this, whether the City does it or piggybacks on another entity. She said that she will follow what the Commission would like, but she would caution limiting this. Commissioner Cruz said that this does not satisfy her concern, she reiterated that it leaves the ambiguity which is the whole purpose of her concern. She stated that when we are looking at a new program, we are starting from scratch, and not being specific of requesting an RFP would be concerning for her. Mayor Penserga asked if the clarified amendment would prohibit other methods of procurement. City Attorney Lamb said that she is hearing that this "must" be an RFP. Commissioner Cruz said correct, that we should provide for an opportunity for anyone to be able to bid on this, and she further explained entering into an agreement with multiple vendors. Mayor Penserga said that he will second the motion Commissioner Cruz wants to make. Vice Mayor Kelley said that she is hesitating because this is a law that we are putting in place, and if we put this condition, not only are we incurring a cost to do the RFP, but we 16 City Commission Meeting Minutes Boynton Beach, FL April 16, 2024 are setting ourselves up for failure. She stated that we have tried to minimize staff time to make the City more efficient, and we are doing ourselves a disservice by requiring going to RFP every time. She mentioned that she does not support the change. Mayor Penserga asked if we were to have an RFP, would that preclude our current vendor from applying. City Attorney Lamb responded no. She stated that a piggyback would have gone through an RFP process. Commissioner Cruz reiterated that as we are discussing this, we are creating a new program in response to a Florida law that just passed, and this has never been done before. She further explained her concern, that new services need to be fairly and competitively procured through the RFP process. Commissioner Hay stated that he does not see this being a huge new project and it is something that does fall within our red-light camera company. He said that when there are too many people doing similar tasks, there will be finger pointing. He mentioned that it is worth avoiding any additional costs to the City, and that he does not support her requested change at the point. Commissioner Cruz asked to delete lines 131-134, and that when it is a new program, that it goes through the RFP process. She reiterated her thoughts and position further to Commissioner Hay. Motion: Commissioner Cruz moved to amend the ordinance to delete lines 131-134, and that any new programs that are being implemented that it is opened up to a fair and competitive RFP process. Mayor Penserga seconded the motion. The motion failed, 2-2, with Vice Mayor Kelley and Commissioner Hay dissenting. Motion: Vice Mayor Kelley moved to approve Ordinance No 24-010, on First Reading, as presented. Commissioner Hay seconded the motion. In a roll call vote, the motion passed 3-1, with Commissioner Cruz dissenting. Mayor Penserga thanked everyone for being professional. E. Discussion regarding Legislative Break This item was added. 17 City Commission Meeting Minutes Boynton Beach, FL April 16, 2024 Mayor Penserga said that he will not be present for the first three weeks of June due to attendance at a leadership program. Vice Mayor Kelley said that the main focus was on July, but noted that she will not be here for the first two meetings in June, so there might only be 3 people. Mayor Penserga recommended cancelling the first meeting in June. Mayor Penserga opened public comment, there was none. Motion: Vice Mayor Kelley moved to cancel the June 4th City Commission Meeting. Commissioner Cruz seconded the motion. The motion passed unanimously. 12. Legal - None 13. Future Agenda Items A. Discussion regarding existing regional programs and best practices to combat homelessness in the City. - May 7, 2024 B. Discussion regarding the Art Assessment Fee being allocated to infrastructure instead of public art. - TBD C. Discussion regarding combining City properties together to create senior affordable housing . - TBD D. Discussion regarding youth student attendance, at National League of Cities Conference, sponsored by the City.- TBD E. Discussion regarding a waiver process and criteria for workforce housing projects. -TBD F. Discussion regarding infrastructure, specifically paving in the City. - TBD G. Proposed Resolution No. R24-056- Adoption of the 2023-2028 Strategic Plan for the City of Boynton Beach. H. Discussion regarding Restrictive Covenant for Harvey Oyer Park — TBD I. Overview and discussion regarding beautification plan. - TBD 18 City Commission Meeting Minutes Boynton Beach, FL April 16, 2024 14. Adjournment Mayor Penserga said that he cannot say no to the Leadership program, and our budget allows for conferences, but it might take up most of their budget. He asked the other Commissioners to consider whether they may need to access the funding. City Manager Dugger said they could find the funding to support Mayor Penserga's opportunity. Commissioner Cruz supports the request. Motion: Vice Mayor Kelley moved to adjourn the meeting. Commissioner Hay seconded the motion. The motion passed unanimously. There being no further business to discuss, the meeting was adjourned at 8:51 P.M. CITY OF BOYNTON BEACH ATT' T: , � r ita Maylec D: esus, MPA MMC . c�: SEAL ;= i City CI-ri :INCORPORATED: i :•• 1920 .. • •••...... '`‘F(ORIOP 1 19