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Minutes 09-20-24 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, August 20, 2024, at 6:00 P.M. Present: Vice Mayor Aimee Kelley Daniel Dugger, City Manager Commissioner Angela Cruz Shawna Lamb, City Attorney Commissioner Woodrow L. Hay Maylee De Jesus, City Clerk Commissioner Thomas Turkin 1. Agenda Items A. Call to Order—Mayor Ty Penserga Vice Mayor Kelley 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 Reverend Amalie Ash, First Presbyterian Church. Invocation was given by Reverend Amalie Ash. Pledge of Allegiance to the Flag led by Vice Mayor Aimee Kelley The Pledge of Allegiance was led by Vice Mayor Kelley. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Turkin requested to move 10C to after 3C and allow Public Comment. He also requested to move item 6D prior to 4. There were no objections. Motion: Commissioner Turkin moved to allow for Public Comment for item 3D. Commissioner Hay seconded the motion. The motion passed unanimously. Vice Mayor Kelley explained which items have get Public Comment. Commissioner Cruz asked to move item 10A before item 3C and to allow for Public Comment. Commissioner Turkin disagreed. City Commission Meeting Minutes Boynton Beach, FL August 20, 2024 Vice Mayor Kelley stated that she does not support Public Comment for a first reading because it sets a precedent. Commissioner Turkin and Commissioner Hay agreed. Commissioner Cruz said that it was interesting that different items are being treated differently. 2. Adoption Motion: Commissioner Cruz moved to approve item 10A before item 3C and to allow for Public Comment. The motion died to lack of second. Motion: Commissioner Turkin moved to approve the agenda, as amended. Commissioner Hay seconded the motion. The motion passed unanimously. 2. Other A. Informational items by the Members of the City Commission. Commissioner Cruz disclosed that she had calls with residents. Commissioner Hay stated that he had no disclosures. He announced the Black Business Pop up Event that the City is going on have Friday, August 30, at the Arts and Culture Center. City Manager Dugger thanked Sheila Tyson for doing an amazing Black Business Pop Up Event last year and said that she took it on this year. Commissioner Turkin stated that he had a lot of conversations regarding the boat ramp, and he is glad to see people in attendance. He said that he would like to address some allegations that are happening regarding the Little League. Commissioner Hay said that he would prefer a full City Commission to discuss an item of that nature. Commissioner Turkin stated that he would like an update under the City Manager Report. City Manager Dugger noted that there was good progress made. Motion: City Commission Meeting Minutes Boynton Beach, FL August 20, 2024 Commissioner Turkin moved to amend the agenda to add an update on East Boynton Little League to 9C. Commissioner Hay seconded the motion. The motion passed unanimously. Vice Mayor Kelley said that she has received emails regarding to the Harvey Oyer Boat Ramp, and she does not agree with selling of any of our City parks. City Manager Dugger stated that there were charter businesses affected during Covid and would like to know if someone was affected, so that they can get information out to those business owners. 3. Announcements, Community and Special Events and Presentations A. Proclamation- Recognizing Lambda Alpha Alpha Chapter and Sigma Delta Delta Chapter of Omega Psi Phi Fraternity, Inc. for Outstanding Work on the Curb Appeal Project. Vice Commissioner Kelley read the proclamation into the record. Commissioner Hay stated that this is an outstanding organization, and they have done an amazing job painting 22 homes here in Boynton Beach, and they are now working on them being a part of the Adopt-A-Street. Tony Robinson thanked the City of Boynton Beach, and said that they are committed to this community, and they enjoy being a part of the community. Keyon McDavis Sr. thanked the City Commission for the proclamation and noted that the mentorship program they have on the FAU campus has translated to the students. B. Announcement - "Ambitious Archie, Building a Legacy Through Acts of the Heart" book has been written and released by local Boynton Beach residents Tevin Ali & Tania Shindo-Henderson. This new book was recently released on August 2, 2024 and is available on Amazon and in local bookstores. Vice Mayor Kelley stated that there is a book by a resident, and that a few copies were donated to the library. Tevin Ali, author, announced the book and summarized it. He stated that he hosted a book launch, and it has been well received within the community. He noted that it was also #1 on Amazon. He thanked the City Commission for their support. C. Presentation by Alannah Irwin, Sustainability & Resiliency Administrator regarding the Living Shoreline project. Alannah Irwin, Sustainability and Resiliency Administrator, spoke about the following regarding living shorelines: objectives; what are living shorelines; living shorelines City Commission Meeting Minutes Boynton Beach, FL August 20, 2024 support resilient communities; benefits; potential funding opportunities; future plans; proposed location- Jaycee Park; proposed location-intracoastal park; proposed location- mangrove park; and questions. Commissioner Turkin thanked her for the presentation. He said that this is important, and we need to preserve our gateway. He mentioned that he wanted to preserve Boynton Beach's ecosystem but also partner with municipalities and the County. Commissioner Hay asked if there are any endangered or protected species in the area. Ms. Irwin replied yes and noted that they are doing an analysis and are trying to protect endangered species. Commissioner Cruz thanked her for her presentation. Vice Mayor Kelley thanked Ms. Irwin and said that it is important to take a look at ways to expand our living shorelines. 10C. Discussion regarding the preservation of Harvey Oyer Park, located at 2010 N. Federal Highway, Boynton Beach, FL 33435, through a restricted covenant. Item 10C was moved up on the agenda. Stacey Weinger, Deputy City Attorney, explained that the backup reflects discussions that have occurred to date. She stated that it is proposed to restrict the use to be used a public park for municipal purposes, in perpetuity, providing for perpetual access to the waterfront and boat ramps, and permitting compatible ancillary uses. She said that it would also prohibit residential use of the property in perpetuity. She emphasized that it is a discussion only. Commissioner Turkin said that since 2020 there has been an attack on the boating and fishing community, and that the previous administration restricted access to only certain hours and increased the annual fees from $50 to $200, which is too high. He spoke about the grant funds received and protection of the board ramp. He said that City Manager Dugger and Attorney Lamb are working to protect the boat ramp, so that there was no opportunity to sell it to a developer or use in a way that they would not want. He said that they are here today to determine what they want to see there forever. He stressed the importance of community input. Commissioner Turkin asked if lodging should be added to the residential definition. Attorney Weinger said that it could be added. Commissioner Turkin said that it was important to include lodging, so there is never a hotel. He stated that they should incorporate 100% City Commission consensus needed to change anything in the future. City Commission Meeting Minutes Boynton Beach, FL August 20, 2024 Commissioner Hay said that it was never an intent to develop Harvey Oyer Park. He agreed with Commissioner Turkin's comments, and is interested in hearing public input and wants to protect the park. Commissioner Cruz asked about compatible uses and whether restaurants and retail could be included in the future. Attorney Weinger explained the restrictive convenance and future uses. She clarified that any future proposed uses would come back before the City Commission for consideration. Vice Mayor Kelley said that Harvey Oyer Park is important to her family as they have used it for years. She said that it is important to preserve the park and boat ramp in perpetuity, she liked the idea of concessions, and she also wants so hear from residents. Vice Mayor Kelley opened public comment. David Merker said that the issue is an important and emotional issue, and that it represents the future of Boynton Beach for children and grandchildren. Mack McCray said that he was a previous Commissioner, and that the park has been there for years, and that this park is a jewel in the City. He suggested that they already messed up the little league field and asked for this not to be messed up. Susan Oyer stated that if they put a restaurant in, they will have to put a grease trap. She said that the place in the front is originally set for a tackle shop and could have the food. She suggested that they remove the Commissioners from the decision making, and that this should be a voter referendum change. She suggested locations where restaurants can go and have a program there for the fishes that are caught. She asked for them not to prohibit uses. Danny Barrow spoke about organizations that he is involved in, and the research that he has been done out of that park. He thanked the Commission for having this discussion, that can lead to a yes vote for a restricted covenant. He clarified the name of the park and said that there is revenue that can be made here. He mentioned the City of Okeechobee and their ice machine. Barbara Ready stated that they are here for the same reason that the Little League are here, which is because they changed the land development regulations. She stated that this is the only thing that will protect the parks. Clay Bren stated that he has been using this boat ramp since he was a kid. He mentioned that he does not agree with a restaurant, and noted that it is always packed. He said that when they come to vote, and if someone is against it, he hopes City Commission Meeting Minutes Boynton Beach, FL August 20, 2024 that they are voted out. He commented that they are doing a great job, and this should never be brought up again. There were no virtual comments. Vice Mayor Kelley closed public comment. She reopened public comment. Betty Roe stated that her home is basically the park, and that she has not heard anyone talk about the fishing gear. She said that she does not understand why this is being passed up and why the playground was taken out there. She mentioned a restaurant that was there, which was demolished. Cindy Falco De Corrado asked if it is free to the public to take out a boat from there. Nathanial Sorenson stated that he heard that this was going to be gone, and if so, the other ramps would be inundated. He stated that it is important to have options to get to the ocean. Norm Kahn stated that he goes out there with his family, and it would be a terrible thing to not be able to continue doing that. He asked if they could add dredging it to the agreement. Chip Sheehan stated that he bought his home where he did because of this boat ramp. He mentioned the events that happen here, and anyone that wants to sell it or get rid of it is not okay. Bill Richeter stated that it is important for the Commission to listen to the residents. He also spoke about dredging. Vice Mayor Kelley closed public comment. She asked if there is a way that they could require changes to go to a referendum or does it have to stay how it is. Attorney Lamb mentioned that it is a city-owned park, and it usually resides with the Commission. She noted that it is not appropriate to make it a referendum, but they could make it a vote of five. Commissioner Turkin stated that he agrees with the dredging and would like to see where they are at with it. He asked if the Attorney could delete the word "restaurant" and have a tackle shop with food inside/concession. Attorney Weinger stated that they could do that. Adam Temple, Assistant City Manager, mentioned the restrictions and what would have to be done. Vice Mayor Kelley spoke about it being able to be done. City Commission Meeting Minutes Boynton Beach, FL August 20, 2024 Commissioner Turkin suggested adding no lodging and making this strict. He thanked the community for coming out and supporting the City. He mentioned that the City Manager and City Attorney caught this, and he has been attacked recently, and they have been serving the community. He thanked the Board and staff for their dedication to the community. He also asked if they could identify what is going on with the dredging. Commissioner Hay stated that he does not want to see hotels, motels, stores, etc. He said that we could easily come up with a 5-0 vote to support something the citizens want. He agreed that this should go to referendum. Commissioner Cruz stated that the people have spoken as to what they would like to see there, and she would support the parameters. Vice Mayor Kelley agrees with the consensus of the board. She mentioned that she understands for the request of the referendum but agrees with legal counsel. Attorney Weinger asked for clarification. Commissioner Turkin suggested marine industry related retail. Attorney Lamb stated that she will do her research on the retail and further information regarding the referendum. Commissioner Turkin stated that they should do both, a unanimous vote from the City Commission and a referendum. 6D. Proposed Resolution No. R24-183- Approving an Interlocal Agreement between the City of Boynton Beach and the Village of Golf for the Provision of Fire Rescue and Emergency Medical Services. The term of this Agreement shall be for a period of ten years commencing October 1, 2024 and ending September 30, 2034. Chief Hugh Bruder stated that they are excited to have these relationships with other municipalities. Ms. Christine Thrower-Skinner, Village of Golf Manager, stated that she appreciates the relationship that they have with Boynton Beach, and she is proud of their little community. She gave kudos to the firefights and emphasized that she is grateful for their partnership. Commissioner Cruz thanked Chief Bruder for working on this. Motion: City Commission Meeting Minutes Boynton Beach, FL August 20, 2024 Commissioner Cruz moved to approve Proposed Resolution No. R24-183. Commissioner Hay seconded the motion. Vice Mayor Kelley opened public comment. No one came forth to speak. Vice Mayor Kelley closed public comment. The motion passed unanimously. 4. Public Audience Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission. 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). Coach Danny Mendoza at Boynton Beach High School thanked the City Commission and staff for their support. He mentioned that football can change the community and change lives. He noted they will focus on integrity, accountability, and high character. Susan Oyer asked why the lights in Poinciana have not been changed out. She said that those lights have been proven to cause cancer. She inquired why the Sara Sims Orchard has not been replanted and maintained. She mentioned needing a brochure for new residents with the rules of the City. She asked for the referendum to get rid of the covenant. Mike Wood spoke about the pioneer boat ramp and stated that it has been 6 months now with the temporary barricades and would like to see if they can use half the ramp until the work has been done. He asked for clarification on when the work will start. David Canton stated that he is here regarding the Pioneer Boat Ramp and asked for clarification on what is going on with it. Tony Sancaro said that he is happy to have the renewed partnership after today's conversation with the City Manager. He mentioned turf that they cannot use at Woolbright. He spoke about not having access to a field right now, because it is locked up. He said that he was told that Field 1 cannot be used unless you are with Barowitz. He noted that this is what happens when things are privatized. Cindy Falco Di Corrado spoke about an assessment fee that she received in her mail. She said that when she does not want to pay for this. She mentioned that she was accosted here in the Commission Chambers, and nobody has been reprimanded, and that she is appalled. She asked what we have for the women in the City, because everything is sports related and geared towards men. She also asked about when she they will get a park in Forest Park. City Commission Meeting Minutes Boynton Beach, FL August 20, 2024 Mack McCray stated that this is the second meeting that someone mentioned the City Manager working 80 hours and it is illegal, whether they are getting paid or not. Gregory Hartmann mentioned a space in Gulf View property, and another property by the hospital, and said that they would make great additions to the park system for the City. He mentioned annexation for the area out west and said that they would benefit from being a part of the City. Jessica Ferguson stated that today was a good move in the right direction for partnership with the Little League. She spoke about the concerns that were brought up, and asked about an item on the agenda, regarding proposal 10A and would like to have more information about it. Karen Reinhart spoke about the wire mesh in the community that produce radio frequencies and are harmful to people. She spoke about signs being put up in the neighborhood already, but nothing has been tested yet against hurricanes or anything, and that they bring down the property value of their homes. She said that the community standards are selective in her neighborhood. John Ready thanked the City for the progress they have made for the Little League. He mentioned that they need to recognize the Little League for the accomplishments. He said that he looks forward to working with the City. Melissa Hagens stated that she is here about a pole that has been placed in front of her house. She said that she concerned about it, and that it looks bad and is concerned with it falling on her property. She mentioned that she needs another dead-end sign. David Merker asked about Proposed Ordinance for 24-012, and wanted clarification, and asked if there will be a vote on it tonight or not. Valerie Pleasanton stated that she is appalled about the recent suggestions by Code Enforcement, such as her overgrown lawn within a week. She discussed citations that were issued to her mom. Commissioner Hay stated that he has heard several times about the blue lights and would like to know more information about it. He mentioned that he has heard that it affects African Americans. Mack mentioned that most of the lights are by FPL and if they fail, they turn purple. He confirmed that he will do research. Commissioner Turkin asked about what can and cannot be done on the swales. City Commission Meeting Minutes Boynton Beach, FL August 20, 2024 Vice Mayor Kelley suggested that Commissioner Turkin speak to Mr. Temple on code restrictions. Attorney Lamb stated that there is a proposed ordinance on the topic coming up soon, but if the City Commission would like to discuss what they would like to see, then it can be prepared for a future meeting. 5. Administrative A. Ratify Art Advisory Board Chair and Vice-Chair Motion: Commissioner Turkin moved to ratify Gregory Hartmann as Chair and Hector Velazquez as Vice Chair of the Art Advisory Board. Commissioner Hay seconded the motion. The motion passed unanimously. B. Community Support Funds. Motion: Commissioner Turkin moved to approve $1,000 to the Boynton Beach High School Football Team, from Vice Mayor Kelley's Community Support Funds. Commissioner Hay seconded the motion. The motion passed unanimously. Motion: Commissioner Hay moved to approve $1,000 to the Boynton Beach High School Football Team, from Commissioner Turkin's Community Support Funds. Commissioner Cruz seconded the motion. The motion passed unanimously. Motion: Commissioner Cruz moved to approve $1,000 to the Boynton Beach High School Football Team, from Commissioner Hay's Community Support Funds. Commissioner Turkin seconded the motion. The motion passed unanimously. 6. Consent Agenda A. Proposed Resolution No. R24-178- Approving the Event Sponsorship Agreement between the City of Boynton Beach and The ALS Association, Inc. for the 2024 Walk to Defeat ALS Boynton on September 28, 2024 at Centennial Park and Amphitheater. B. Proposed Resolution No. R24-179-Approving and authorizing the assessment and recording of nuisance abatement liens against properties in the public City Commission Meeting Minutes Boynton Beach, FL August 20, 2024 records of Palm Beach County. C. Proposed Resolution No. R24-181- Approving a Literacy AmeriCorps Palm Beach County Cooperative Agreement for 2024 - 2025. D. Proposed Resolution No. R24-183- Approving an Interlocal Agreement between the City of Boynton Beach and the Village of Golf for the Provision of Fire Rescue and Emergency Medical Services. The term of this Agreement shall be for a period of ten years commencing October 1, 2024 and ending September 30, 2034. Item 6D was heard earlier in the meeting. E. Commission Meeting Minutes. Motion: Commissioner Cruz moved to approve the remainder of consent agenda. Commissioner Hay seconded the motion. The motion passed unanimously. 7. Consent Bids and Purchases over $100,000 A. Proposed Resolution No. R24-180- Approve an increase to the annual expenditure of the State of Florida Agreement #94131608-16-P with PRIDE Enterprises in the amount of $35,000, increasing the estimated annual expenditure from $80,000 to $115,000 for the purchase of recap/retread tires. B. Proposed Resolution No. R24-182-Approve Change Order No. 4 to Purchase Order No. 230742 with B&B Underground Construction for the construction of project Bid No. UTL22-036 Dimick Road and Potter Road Utility Stormwater and Water Infrastructure Improvements Project increasing the base contract amount from $3,003,845.89 to $3,017,635.89 and increasing the contingency by $23,034.36 from $100,000 to $123,034.46 for a total contract amount not to exceed $3,140,670.35, and approving a Utility Capital Improvement Fund (403) budget transfer in the amount of$23,034.46. C. Proposed Resolution No. R24-184- Approve an increase of the annual expenditure from an amount not to exceed $1,200,000 to an amount not to exceed $1,500,000 for the Integrated Supply Agreement for Integrated Business Solutions Services with Genuine Parts Company. D. Proposed Resolution No. R24-185- Approve a Piggyback Agreement with Motorola Solutions to replace handheld radios, upgrade existing dispatch radio consoles, and purchase two additional dispatch radio consoles in an amount not to exceed $2,406,374.71, which will be paid utilizing a $1 ,065,185 technology credit with the remaining balance of$1,341 ,189.71 City Commission Meeting Minutes Boynton Beach, FL August 20, 2024 paid utilizing budgeted dollars. E. Proposed Resolution No. R24-186- Award Invitation to Bid No. CS24-037 for the Lake Boynton Estates Road Resurfacing and Pedestrian Crossing project to Atlantic Southern Paving and Sealcoating, LLC, and approve a Construction Contract with Atlantic Southern Paving and Sealcoating, LLC, for $1,316,712.95, plus a 10% contingency of $131 ,671 .30, for a total amount of$1,448,384.25. Proposed Resolution No. R24-187- Approving a Capital Appropriation Amendment for Budget Year 2023-2024 for the Lake Boynton Estates Road Resurfacing and Pedestrian Crossing project. F. Proposed Resolution No. R24-188- Approve the Second Amendment to the Progressive Design Build Agreement with Globaltech, Inc. in the amount of $7,032,108 for the East Water Treatment Plant Generator Replacement Project-Phase 2B to proceed with the final step of construction in a two-step construction format and approve a Utility Capital Improvement Fund 403 budget transfer based on the Guaranteed Maximum Price negotiated for the construction phase of the Progressive Design Build project. Commissioner Turkin pulled items 7B, 7D, 7E, and 7F. Motion: Commissioner Hay moved to approve the remainder of Consent Bids and Purchases over $100,000. Commissioner Turkin seconded the motion. The motion passed unanimously. 7B. Proposed Resolution No. R24-182- Approve Change Order No. 4 to Purchase Order No. 230742 with B&B Underground Construction for the construction of project Bid No. UTL22-036 Dimick Road and Potter Road Utility Stormwater and Water Infrastructure Improvements Project increasing the base contract amount from $3,003,845.89 to $3,017,635.89 and increasing the contingency by $23,034.36 from $100,000 to $123,034.46 for a total contract amount not to exceed $3,140,670.35, and approving a Utility Capital Improvement Fund (403) budget transfer in the amount of$23,034.46. Commissioner Turkin asked for a brief overview. Dr. Poonam Kalkat, Utilities Director, introduced herself. Keith Webber, Assistant Utilities Director, spoke about this item, and said that it was a mathematical error for $23K, and there were discrepancies with Procurement. He spoke about using the 10% contingency and what else was replaced while the project was happening. Commissioner Turkin clarified the adjustment and about the $23K amendment, and the approval process. City Commission Meeting Minutes Boynton Beach, FL August 20, 2024 Attorney Lamb spoke about the contract process. Commissioner Turkin reiterated that it is important to understand how strict it is to have changes made to things that they approve. Vice Mayor Kelley thanked them. Motion: Commissioner Turkin moved to approve Proposed Resolution No. R24-182. Commissioner Hay seconded the motion. The motion passed unanimously. 7D. Proposed Resolution No. R24-185- Approve a Piggyback Agreement with Motorola Solutions to replace handheld radios, upgrade existing dispatch radio consoles, and purchase two additional dispatch radio consoles in an amount not to exceed $2,406,374.71, which will be paid utilizing a $1,065,185 technology credit with the remaining balance of $1,341,189.71 paid utilizing budgeted dollars. Assistant Chief Jack Dale spoke about the radios and their end of life. He mentioned that they chose a less expensive option out of what they had, and the benefits of the technology. Commissioner Hay said that he wanted to hear about the technology. Assistant Chief Dale spoke about the problems that they have had before and said that they will have better transmission in buildings with thicker walls. Commissioner Turkin asked how old the current radios are. Assistant Chief Dale said that they are approximately 8 years old. Commissioner Turkin mentioned the technology credit and the budgeted amounts that they have. Assistant Chief Dale explained the technology credit that they got from Motorola. Commissioner Turkin asked if the City Manager or anyone can issue the technology credit. Attorney Lamb spoke about the procurement code and what is allowed for the manager to sign off on and what comes before the Commission. Commissioner Turkin clarified the process of budgeting and coming back to the Commission for final approval. He thanked the Police for all they do and utilizing the City Commission Meeting Minutes Boynton Beach, FL August 20, 2024 technology credit. Vice Mayor Kelley asked about the two additional radio consoles. Assistant Chief Dale said that they were in need of them, but will be reimbursed by the County. Motion: Commissioner Turkin moved to approve Proposed Resolution No. R24-185. Commissioner Hay seconded the motion. The motion passed unanimously. 7E. Proposed Resolution No. R24-186- Award Invitation to Bid No. CS24- 037 for the Lake Boynton Estates Road Resurfacing and Pedestrian Crossing project to Atlantic Southern Paving and Sealcoating, LLC, and approve a Construction Contract with Atlantic Southern Paving and Sealcoating, LLC, for $1 ,316,712.95, plus a 10% contingency of $131 ,671 .30, for a total amount of $1 ,448,384.25. Proposed Resolution No. R24-187- Approving a Capital Appropriation Amendment for Budget Year 2023-2024 for the Lake Boynton Estates Road Resurfacing and Pedestrian Crossing project. Carl Frumenti, Division Director Construction Services, stated that they would like to take the opportunity to make the swales all consistent throughout the City. He said that they would like to create the sidewalk network complete. He spoke about the following: project overview; project justification; project objectives and scope of work; project duration; and questions. Commissioner Turkin thanked them for what they do and said that they have been doing a lot of road paving projects. He asked about the 10% contingency. Mr. Frumenti explained what the contingency can cover and said that it is there as a safety net. Commissioner Turkin asked about the 10% contingency and if Public Works could pass that. Attorney Lamb explained that they would have to come back for approval from Commission for anything over what is approved. She spoke about the process for the agreement and what would come back to the Commission. Commissioner Cruz stated that she wanted to give kudos in regard to the projects that have been completed, and asked for park signs to make sure the park stays passive, and so that cars do not park there. Motion: City Commission Meeting Minutes Boynton Beach, FL August 20, 2024 Commissioner Turkin moved to approve Proposed Resolution No. R24-186. Commissioner Hay seconded the motion. The motion passed unanimously. 7F. Proposed Resolution No. R24-188- Approve the Second Amendment to the Progressive Design Build Agreement with Globaltech, Inc. in the amount of $7,032,108 for the East Water Treatment Plant Generator Replacement Project-Phase 2B to proceed with the final step of construction in a two-step construction format and approve a Utility Capital Improvement Fund 403 budget transfer based on the Guaranteed Maximum Price negotiated for the construction phase of the Progressive Design Build project. Dr. Poonam Kalkat, Utilities Director, stated that they did this project as a progressive design build. She said that they inherited this project, and decided that they needed to make some changes for some of the piping, for the generators to be in the right place. She spoke about the process that they did, to procure the generators at a lower cost. She mentioned the different phases and what is being completed in those phases. Commissioner Turkin asked if the $7M is the price of the whole project, and if there was a slight increase that is back for an approval. Dr. Kalkat responded yes, and she explained the process for the phases. Mr. Webber spoke about the generator cost and the money that they saved by purchasing them themselves. He stated that this includes the 10% contingency in the guaranteed maximum price. He spoke about the structural upgrades that were needed, and using the funds that are encumbered now. Dr. Kalkat Poonam spoke about the grant that has helped. Commissioner Turkin clarified coming back to the Commission for approval of additional costs to the City, and what would happen if this was not approved. Attorney Lamb spoke about grants and the timeframes that are typically given with them. Motion: Commissioner Turkin moved to approve Proposed Resolution No. R24-188. Commissioner Cruz seconded the motion. The motion passed unanimously. 8. Public Hearing 6 p.m. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. City Commission Meeting Minutes Boynton Beach, FL August 20, 2024 City Clerk De Jesus swore in those intending to speak. Commissioner Cruz said regarding Items 8A-B 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 Hay said regarding Items 8A-B 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 Turkin said regarding Items 8A-B 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-B 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. A. Proposed Ordinance No. 24-014- 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 a portion of an approximately .60 acre parcel of real property located at 500 northeast 21st avenue, Boynton Beach, Florida, by changing the future land use classification from medium density residential (MEDR) to local retail commercial (LRC); 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. 24-015- Second Reading- An Ordinance of the City Commission of the City of Boynton Beach, Florida, amending Ordinance No. 02-013 to rezone an approximately .60 acre parcel of real property located at 500 northeast 21st Avenue, Boynton Beach, Florida, from multi-family residential (R3) to neighborhood commercial (C2); declaring the proposed amendment to be consistent with the comprehensive plan of the City; providing for severability, conflicts, and providing for an effective date. Attorney Lamb said that there have been no changes. Commissioner Turkin disclosed that he also spoke with Jim Cizsik. City Commission Meeting Minutes Boynton Beach, FL August 20, 2024 City Clerk De Jesus read the Ordinance into the record. Vice Mayor Kelley opened public comment. No one came forth. She closed public comment. Motion: Commissioner Turkin moved to approve Ordinance No 24-014, on Second Reading. Commissioner Hay seconded the motion. In a roll call vote, the motion passed unanimously. Motion: Commissioner Turkin moved to approve Ordinance No 24-015, on Second Reading. Commissioner Hay seconded the motion. In a roll call vote, the motion passed unanimously. B. Proposed Ordinance No. 24-016- Second Reading- An Ordinance of the City Commission of the City of Boynton Beach, Florida, approving the abandonment of portions of an existing utility easement associated with the Shoppes at Boynton Beach Development Project, located at 2202 N. Congress Avenue; providing an effective date; and for all other purposes. City Clerk De Jesus read the Ordinance into the record. Motion: Commissioner Turkin moved to approve Ordinance No 24-016, on Second Reading. Commissioner Hay seconded the motion. In a roll call vote, the motion passed unanimously. Vice Mayor Kelley opened public comment. No one came forth. Vice Mayor Kelley closed public comment. 9. City Manager's Report- None A. Receive update on the status of future agenda items. Commissioner Cruz stated that there was a note passed and asked for it to be part of the public record. Attorney Lamb stated that the City Manager and the City Attorney are not subject to Sunshine Law and that they are not subject to public disclosures. She said the note had nothing to do with City business. City Commission Meeting Minutes Boynton Beach, FL August 20, 2024 City Manager Dugger stated that during the agenda reviews, they went over the agenda items, and if there are any questions on a particular item, they can go over it. Vice Mayor Kelley stated that there were dates on some of the next items. City Manager Dugger stated that Mr. Mack came up with the format, at the direction of the City Commission. He spoke about the items that were requested and will be on the next meeting. Commissioner Turkin spoke about paving in the City and asked about ARPA. City Manager Dugger mentioned that there were some issues with following the ARPA guidelines. He mentioned the personnel that has been working on preserving the ARPA funds. He spoke about the $5.2M that will not have to be paid back and spoke about revenue loss. He reviewed the projects that were not approved by ARPA funds and could not be used towards the projects. Commissioner Turkin thanked Candace Walls for her help. Commissioner Hay clarified that there are no ARPA funds that have to be returned. City Manager Dugger said yes. Commissioner Kelley said that she is fine with her items where staff has put them. Commissioner Cruz stated that she is fine with the changes. B. Budget Status Report for FY2023 - 2024 thru June 2024 (unaudited). Mr. Peter Kajokis, Finance Director, updated the status of the budget. He said that we have collected about 83% of the ad valorem taxes for this year. He spoke about the fund revenues that is paid with the taxes; updated the fund expenditures; utility revenues; and questions. C. East Boynton Little League Update City Manager Dugger said that a productive meeting was held today regarding the East Boynton Little League. He noted a lot of misinformation was cleared up. He read the text message sent by Jessica Ferguson. He stated that a new sports provider agreement will be contingent on the litigation being dropped. Commissioner Turkin asked if there was any solicitation of an indoor facility or privatization of the fields. City Commission Meeting Minutes Boynton Beach, FL August 20, 2024 City Manager Dugger replied no. Commissioner Turkin asked why the previous contract was terminated. Attorney Lamb said that it was for breach of contract. Commissioner Turkin asked for clarification about coming back to the City Commission for approvals. City Manager Dugger spoke about recognizing the kids for their accomplishments, and the upgrades that have been done. Commissioner Turkin mentioned that communication is key, and that they all need to work on being better at it, to prevent rumors. Vice Mayor Kelley encouraged using social media to get the right information out to the residents. 10. Regular Agenda A. Proposed Ordinance No. 24-012- First Reading- An Ordinance of the City of Boynton Beach, Florida, amending Part II, Chapter 2, "Administration," Article II, "City Manager," Section 2-30 "Powers and Duties Generally," by creating a new subsection "K," authorizing the City Manager to execute certain contracts on behalf of the City; providing for codification, severability, conflicts, and an effective date. City Clerk De Jesus read the Ordinance into the record. Attorney Weinger stated that they are seeking clarification on what can and cannot be signed by the City Manager. She spoke about the gaps that they have seen and mentioned what they are trying to fix. She mentioned reaching out to the department directors about issues that they have had in the past, and what could be done to make it better. She clarified what this ordinance can and cannot do. She explained what was suggested, as to what the City Manager could sign off on. Commission Turkin asked about a time limit to it and impact if it was not signed on time. Attorney Lamb spoke about the parking agreement process. Commissioner Turkin clarified if it could be bypassed. Attorney Weinger stated that the right of contract lies with the City Commission. City Commission Meeting Minutes Boynton Beach, FL August 20, 2024 Commissioner Turkin asked if there has been a situation where we have almost been liable to litigation because something has not been signed. Attorney Lamb mentioned what happens more frequently with the agreements. Commissioner Turkin asked for an explanation of what is being proposed in layman's terms. Attorney Lamb spoke about the disconnect from prior years. She noted that they asked staff to identify types of administrative items that are time sensitive that need to be executed. She stated that they are trying to make it clear what should stay administrative and what should come to the City Commission. Commissioner Turkin stated that looking at this, it is an operational inefficiency. He said that he does not care who signs the documents, he just does not want the residents to suffer. He said that he is in agreement with any of the Commissioners or the manager signing it. He spoke about the residents not caring who signs on an agreement to allow them to park somewhere for an event. Commissioner Hay mentioned that he does not like to have these types of discussions when there is not a full City Commission. He said that he is uncomfortable with this, and that this is causing too much unnecessary dust and smoke. He asked why we are doing this and rushing it. He suggested more discussion. Commissioner Cruz stated that they should have a discussion at another time. She asked about line 59, procurement contracts, within the limit of the scope of the City Manager. She gave a theoretical example with the Little League, and it is under the threshold of procurement. Attorney Weinger spoke about the procurement process and what would be allowed. She said the intent of this is to establish clear rules and framework. This is only intended things for the City to allow the City to do things. There was discussion regarding hypotheticals for what would be allowed for the City Manager to sign off on; checks and balances; clear policy direction; and charter rights. Commissioner Cruz stated that she was doing research in regard to attorney general opinions, about changing the charter. She said that anything in the charter is supposed to be changed by referendum. She explained that she would not like to move forward with this because it contradicts the changes to the charter. She read Section 10 of the charter for the record. City Manager Dugger said that he has enough to sign on a daily basis, and this is something that was brought up while he was away. He said that they are looking for a City Commission Meeting Minutes Boynton Beach, FL August 20, 2024 single point of contingency, an alternative, if the Mayor cannot sign off on something. He stated that they can make it the Vice Mayor, and there will be more discussion at second reading. Vice Mayor Kelley stated that this is one of the things that she has expected, and that this is more of a clarification of what has been happening in the past. She said that this is why they brought a City Attorney in-house, to find these discrepancies, and fix it. She stated that this is not a charter amendment, this is simply an ordinance. She noted that the Charters' Section 10 primarily concerns deeds, bonds, and situations where the City is a party, and that specific section outlines that the Mayor has to sign those documents. She stated that although she appreciates the City Manager suggesting he forego signing, the City Commission is only here part-time, and she wants to make sure that they are being good stewards for the community. She emphasized that she does not like to see the City be less efficient. She stated that most of these do not have monetary involvement, and she does not want to touch anything that has to do with HR documents. Attorney Lamb clarified that this was not brought about because the Mayor was not here or available to sign things. She said that this is basic day to day items that need to be done and have no expenditures or would create a liability for the City. She mentioned that they do not know who the future Mayor might be, and it might be harder to sign off on documents. She commented that we need clear lines on who can do what. Commissioner Turkin asked for clarification if what is necessary for us to go to referendum. Attorney Weinger stated their opinion, as the Attorneys, including Article 10, is that they do not see this as a charter conflict, or anything that has to go to referendum. Commissioner Cruz read Section 10 of the charter. She said that it is relevant in this conversation. Attorney Lamb spoke about their legal opinion, and said she does not believe this violates the charter. She mentioned that reading that section as a blanket, there would be many ordinances that would come back and need to be repealed. There was further discussion regarding what the charter allows and does not allow. Attorney Lamb recommended tabling the item. She said that she could have someone come into the workshop that specializes in this and to further discuss. She stated that the workshop would be open to the public but there would be no public comment. Motion: Commissioner Turkin moved to table Ordinance No. 24-012 on First Reading. City Commission Meeting Minutes Boynton Beach, FL August 20, 2024 Commissioner Hay seconded the motion. In a roll call vote, the motion passed unanimously. B. Proposed Ordinance No. 24-017- First Reading- An Ordinance of the City Commission for the City of Boynton Beach, Florida, amending the City of Boynton Beach's Code of Ordinances; Chapter 15 "Offenses- Miscellaneous*," Article IX "Community Appearance and Maintenance," Section 15-120 "Minimum Standards for Appearance and Maintenance of Public Property and Private Property;" providing for conflicts, severability, codification; and providing for an effective date. City Clerk De Jesus read the Ordinance into the record. Motion: Commissioner Turkin moved to table Ordinance No 24-017 on First Reading. Commissioner Hay seconded the motion. The motion passed unanimously. C. Discussion regarding the preservation of Harvey Oyer Park, located at 2010 N. Federal Highway, Boynton Beach, FL 33435, through a restricted covenant. Item 10C was heard after item 3C. D. Commission discussion and presentation by Poonam Kalkat on proposed utility rates and tier revisions for FY 24/25 Discussion ensued about tabling the item. Dr. Kalkat stated there have been no changes since the July 2024 presentation. Motion: Commissioner Cruz moved to table this discussion. Commissioner Hay seconded the motion. The motion passed unanimously. 11. Future Agenda Items A. Discussion and review of draft cleanliness plan.- September 3, 2024 Requested by Mayor Penserga B. Discussion regarding formalized Tree Planting Program.- September 3, 2024 Requested by Mayor Penserga. C. Discussion regarding youth student attendance, at National League of Cities Conference, sponsored by the City.- September 3, 2024 Requested by Commission Hay. City Commission Meeting Minutes Boynton Beach, FL August 20, 2024 D. Discussion regarding infrastructure, specifically paving in the City. - September 3, 2024 Requested by Commissioner Turkin and Commissioner Cruz. E. Update on funds from the settlement with Town Square. - September 3, 2024 Requested by Mayor Penserga. F. Update on ARPA Funds. - September 3, 2024 Requested by Mayor Penserga. G. Discussion regarding adding a Sister City from Ireland. - October 1, 2024 Requested by Vice Mayor Kelley. H. Update on upgrades to water treatment plants to meet future drinking water regulations.- October 15, 2024 Requested by Mayor Penserga. I. Discussion regarding additional digital signs. - December 3, 2024 Requested by Commissioner Hay. J. Discussion regarding Procurement Policies and Procedures, including local business preference. - December 3, 2024 Requested by Mayor Penserga and Commissioner Cruz. K. Discussion regarding City entry way signage. - January 21, 2025 Requested by Mayor Penserga. L. Discussion regarding combining City properties together to create senior affordable housing . - Pending meeting with Mayor Penserga Requested by Mayor Penserga. M. Discussion regarding Rapid Re-housing Program.- Pending meeting with Mayor Penserga Requested by Mayor Penserga. N. Discussion regarding Amendments to the Code of Ordinances regarding flooding in the community.- Pending meeting with Commissioner Cruz Requested by Commissioner Cruz. O. Discussion regarding Hazard Pay for Community Standards.- Pending meeting with Commissioner Cruz Requested by Commissioner Cruz. P. Discussion regarding requirements for Advisory Board Appointments.- Pending meeting with Vice Mayor Kelley Requested by Vice Mayor Kelley. Q. Discussion regarding Artificial Turf Ordinance.- Pending meeting with Commissioner Turkin Requested by Commissioner Turkin. City Commission Meeting Minutes Boynton Beach, FL August 20, 2024 12. Adjournment Motion: Commissioner Turkin 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 9:54 P.M. CITY OF BOYNTON BEACH ATTE: ;- gOYNTc�‘,� .. .. GO11"RATF•..*Feo • SEAL . v : INCORPORATED: 5 Maylee 'be Jrus, MPA, M C ',/ ;. 1920 .: 1�%% FLORID /