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Minutes 01-21-25 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, January 21, 2025, at 6:00 P.M. Present: Ty Penserga , Mayor Dan Dugger, City Manager Aimee Kelley, Vice Mayor Maylee De Jesus, City Clerk Angela Cruz, Commissioner Shawna Lamb, City Attorney Woodrow L Hay, Commissioner Thomas Turkin, Commissioner (Arrived 6:09 P.M.) 1) Openings !. A Call to Order - Mayor Ty Penserga Mayor Penserga called the meeting to order at 6:00 P.M. Roll Call Maylee De Jesus, City Clerk, called the roll. A quorum was present. Invocation The Invocation was given by Commissioner Woodrow Hay. Pledge of Allegiance to the Flag led by Mayor Ty Penserga. Agenda Approval 1 . Additions, Deletions, Corrections Commissioner Cruz requested to add a discussion of construction hours near residential areas to the February 18th meeting. Commissioner Hay stated that he would like to have a discussion about ethics and behavior on the dais, to the February 18'" meeting. Mayor Penserga stated that staff put together a draft Beautification Program, and he wanted to discuss later in the meeting, or at the next meeting, having a task force or some sort of Committee to present it to the public to provide input. He commented that he favored a Task Force, as it would be limited in scope, whereas an advisory board would be indefinite. Meeting Minutes City Commission Boynton Beach, Florida January 21, 2025 2. Adoption. Motion: , Vice Mayor Aimee Kelley moved to approve the agenda, as amended. Commissioner Hay seconded the motion. The motion passed unanimously. 2) Other A. Information Items by members of the City Commission. Commissioner Hay mentioned, in reference to behaviors on the dais, that it is only fair to let the members of this dais know why other members of the dais are not present. He stated that when someone is absent, there should be a notice as to why. He commended staff for yesterday's activities, despite of the weather. He spoke about celebrating and acknowledging Dr. Martin Luther King Jr., and his legacy and accomplishments. (Commissioner Turkin arrived at 6:09 P.M.) 3) Announcements, Community and Special Events And Presentations 3.A) Announcement- 2025 International Kinetic Art Experience. Mayor Penserga announced the event. 4) Public Audience David Merker spoke about super majority and simple majority regarding firing the City Manager and City Attorney. He suggested that this be brought up and voted on at the next meeting. He said that he was at the MLK Day event and he thanked Commissioner Hay for speaking there. Mark Karageorge thanked staff for the MLK Day event, and said that it could be better. He spoke about having a dinner, in the past, that would honor the citizens that continued that legacy. He mentioned that in the past they used to march on MLK Boulevard on MLK Day, and that we should bring that back. Cindy Falco-Di Corrado stated that there is a new President, Donald Trump. She spoke about Minor Attracted Persons (MAPS), and child abuse materials that has been found from a prior City Department Head. She said that the City needs to conduct better background checks for people being hired. She spoke about allegedly being attacked in a Commission Meeting, and the shootings in the City. Commissioner Turkin left the dais at 6:20 P.M. and returned at 6:26 P.M. 2 Meeting Minutes City Commission Boynton Beach, Florida January 21, 2025 Jim Cizick questioned why the Community Redevelopment Agenda Board no longer has citizen representation on it. Bob Taylor spoke about the proposed pickleball rate increases and stated that he is a pickleball instructor. He said that the venues we have in Boynton have gone a long way to cater to this sport, but that the predominant number of people who play are older and on fixed incomes. He mentioned that this is one of the only times that these older residents have socialization, and raising the rates would hinder them from continuing to join this sport. Mike Fitzpatrick stated that there were seven members of the CRA Board, and mentioned the names of the people who were dropped and why. He spoke about a former Public Utilities Director that was trying to save the Kids Kingdom. He asked how staff was doing on not bulldozing the Andrews House. Ren Stein spoke about his house being struck by bullets five times, and other incidents in the area regarding shootings. He asked what the City is doing to make the City safe, and mentioned that a bullet could travel far from where it is shot. He gave kudos to staff that contacted him after the last Commission Meeting. Susan Oyer spoke about the Andrews House and asked questions regarding it. She stated that she put in a Public Records Request regarding a report, that is supposed to be an email, that was mentioned regarding a fire report. She mentioned 12 shootings in 19 days in the City, she said that something has to be done. Charles Hunt spoke about Rolling Green and the liens that are being put on their properties, illegally. He mentioned having the same Code Officer coming to his house and on his property illegally. He said that the Manager does not care about the people, and asked to help save their homes. Barbara Ready stated that she came across a Linkedln profile, and that there were 23 Economic Development Hrants that were given out, and mentioned that maybe one of them would like to be for historic homes. She spoke about Ace Hardware being down $50K last year, because of the construction happening. She mentioned how Delray deals with moving a Historic Home, which could help with the Andrews House. Linda Willimaine spoke about the Parks and Recreation fee schedules and stated that she would like for the City to take it into consideration that there are residents on fixed incomes that will not be able to afford rate increases. She mentioned that it is important for Seniors to stay active. David Hayes stated that he does not want to be a complainer, but he would be willing to work with the City to help the City be better. He said that the world is full of immorality. He stated that he is concerned about not having a traffic light on 14th and Seacrest. 3 Meeting Minutes City Commission Boynton Beach, Florida January 21, 2025 Commissioner Turkin stated that he had the opportunity to go to the Delray Historical Society and that he was very impressed with the museum, and said that we have the opportunity to do something similar. Commissioner Hay stated that he does support having a hybrid CRA Board, with citizens involved. 5) Administrative 5.B) Community Support Funds. Commissioner Cruz mentioned that this is for Young In Faith for $2000. Motion: Commissioner Cruz moved to approve Community Support Fund request from Commissioner Cruz. Commissioner Hay seconded the 'motion. The motion passed unanimously. 5.A) Advisory Board Appointments. Motion: Mayor Penserga moved to approve Sol Bath, as the Citizen who is actively engaged as a for-profit provider of affordable housing to the Affordable Housing Advisory Board. Commissioner Hay seconded the motion. The motion passed unanimously. Motion: Mayor Penserga moved to approve Jordan Sperling, as a Regular Member of the Building Board of Adjustment and Appeals. Commissioner Turkin seconded the motion. The motion passed unanimously. 6) Consent Agenda 6.A) Proposed Resolution No. R25-017-Approve a Sub-Merchant Application & Agreement with Wonderware, Inc., d/b/a CORE Business Technologies, to accept electronic payments. 6.B) Proposed Resolution No. R25-018- Approve the auction of the vehicles/equipment submitted by the Fleet Maintenance Division for disposal by using the online auctioneer JJ Kane Auctioneers 6.C) Proposed Resolution No. R25-019- Approve calling for a General City Election to be held on Tuesday, March 11, 2025, for the purpose of 4 Meeting Minutes City Commission Boynton Beach, Florida January 21, 2025 electing one City Commissioner for District I, one City Commissioner for District III, and one Mayor, and calling for a general City Run-Off Election to be held on Tuesday, March 25, 2025, if necessary. Proposed Resolution No. R25-020- Approving the 2025 Municipal Election(s) Vote Processing Equipment Use and Elections Services Agreement between the City and Palm Beach County Supervisor of Elections Office. 6.D) Proposed Resolution No. R25-021- Designating a Canvassing Board for the March 2025 Municipal Election. 6.E) Proposed Resolution No. R25-022- Ratifying the Conflict of Interest Waiver relating to Weiss Serota, et al's representation of the City of Boca Raton in connection with MELISSA LAVAGLIO v. CITY OF BOCA RATON, CITY OF BOYNTON BEACH, ET AL., Case No. 9:24-CV- 81352, in the United States District for the Southern District of Florida and waive any claim of conflict arising from such representation. 6.F) Proposed Resolution No. R25-023- Authorize the City to apply for the Site Rehabilitation of Petroleum Contamination & Petroleum Cleanup Participation Program (PCPP) for the cleaning of petroleum contamination and rehabilitation at the Public Works Compound, and if awarded, accept and execute a grant agreement with the Florida Department of Environmental Protection, subject to the approval of the City Attorney. 6.G) Proposed Resolution No. R25-024- Ratifying a Right of Entry and Release Agreement for Training on Private Property with FED27, LLC. Motion: Commissioner Turkin moved to approve the Consent Agenda. Vice Mayor Kelley seconded the motion. The motion passed unanimously. 7) Consent Bids and Purchases over $100,000 7.A) Proposed Resolution No. R25-025- Approve an Amendment to the Construction Contract for ITB UTL24-019 East Water Treatment Plant High Service Pumps 5 & 6 Improvements Project with Florida Design Drilling, LLC, adding a 10% Contingency Funding in the amount of $45,862.50, for staff-authorized change orders to address unforeseen conditions, bringing the total not-to-exceed purchase order amount to $504,487.50 7.B) Proposed Resolution No. R25-026- Award Invitation to Bid (ITB) No. PWE24-024 for the Fire Station #5 Emergency Generator Replacement 5 Meeting Minutes City Commission Boynton Beach, Florida January 21, 2025 Project to J.T. Equipment Service Co. and approve an Agreement between the City and J.T. Equipment Service Co. for an amount of $744,307 plus a ten percent contingency of $74,430.70 that will be utilized for unforeseen conditions totaling $818,737.70 pending legal approval of the final contract. 7.C) Proposed Resolution No. R25-027- Awarding Request for Qualifications No. UTL24-031 for East and West Water Plant Upgrades and Treatment Options Evaluation, Planning, and Design for Emerging Contaminants Removal- Engineering Services to Jacobs Engineering Group Inc., and approving an Agreement between the City and Jacobs Engineering Group Inc. in the amount not to exceed $5,400,000. Proposed Resolution No. R25-028-Approving an amendment to the Utilities CIP Budget to use Utility Reserve funds for $5,400,000 until the City receives reimbursement from the State Revolving Funded (SRF) Loan for East and West Water Treatment Plant upgrades and treatment Operations Evaluation. Motion: Commissioner Hay moved to approve the Consent Bids and Purchases over $100,000. Vice Mayor Kelley 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. 9) City Manager's Report 10) Regular Agenda 10.A) Discussion regarding Recreation and Parks fees and approval of Proposed Resolution No. R25-029- Amending the current Recreation and Parks Division fee schedule, specifically the pickleball and pool admittance fees previously approved on November 19, 2024, Resolution No. R24-290. Fabien Desrouleaux, Assistant Director, Recreational and Cultural Services, spoke about the pickleball and pool fees as follows: philosophy and implementation; and the Tennis Center. Vice Mayor Kelley asked for clarification that the fee price covers unlimited visits for a year. Mr. Desrouleaux responded that it did and that this is an additional item for someone who plays often, and they will have all access inside and outside. 6 Meeting Minutes City Commission Boynton Beach, Florida January 21, 2025 Vice Mayor Kelley spoke about the fee being proposed. Mr. Desrouleaux stated that they did not change the fees that were originally being proposed. Vice Mayor Kelley reiterated all of the costs for the recreational fees. Mr. Desrouleaux spoke about the John Denson Pool increases, and questions. Commissioner Turkin thanked City Manager Dugger for meeting with residents at High Point, and Mr. Desrouleaux for following up with them. He reiterated that the fees are not changing, and there will be an additional annual pass option. He stated that the City Commission should talk about establishing more pickleball courts. He mentioned that the Commission had discussed the Oceanfront Park rate increases, in the past, and having different types of fees, including a "senior resident" rate. Commissioner Hay thanked Mr. Desrouleaux for keeping some of the fees the same for the pool, and mentioned that this will help those that do not have a lot of money in the City. Commissioner Cruz stated that she had conversations with residents last week, and thanked staff for the changes that they have made, and asked if there is a timeframe of when we can look into adding a "senior rate". Mr. Desrouleaux said that they will start looking into it across the board. Vice Mayor Kelley asked about the pool schedule and asked for clarification on the charges. Mr. Desrouleaux stated that they would not double charge for people that are there for two events. Mayor Penserga asked for consensus on adding a senior rate column. Vice Mayor Kelley said that its just the pickleball portion that would need it and she would support it. Mayor Penserga said that he would support a senior rate. Commissioner Turkin asked to have a senior rate looked at across the board. Attorney Lamb asked for resolution clarification. Commissioner Cruz spoke about the condition of the pickleball courts, and using short term fixes rather than long term fixes. 7 Meeting Minutes City Commission Boynton Beach, Florida January 21, 2025 Mr. Desrouleaux said that he can call her to discuss. Commissioner Cruz spoke about package deals and expirations dates. Mr. Desrouleaux stated that the fees run the same as the fiscal year, across the board. Motion: Commissioner Turkin moved to approve Proposed Resolution No. R25-029. Commissioner Hay seconded the motion. The motion passed unanimously. 10.B) Procurement Policy Update and Our Roadmap to Future Codification our City's New Procurement Code. Andrew Rozwadowski read their vision into the record. He spoke about revisions to the Purchasing Policy as follows: agenda; overview of current procurement policy; updated policy and next steps; re-writing the procurement code and policy; workshop and action plan; creative solution and input from our City Commission; City Solicitations; contact information; and questions. Mayor Penserga mentioned that there will be a change of Mayor in March, so he suggests that they do the workshop after the new Mayor is seated. Vice Mayor Kelley thanked Mr. Rozwadowski for his presentation and asked about registering as a vendor. She asked what are we doing to get the word out about becoming a vendor, so that we are prioritizing our residents to get registered. Mr. Rozwadowski spoke about his prior municipality posting it on their social media, and about what they are currently doing. He said that they can blast it out on social media, if that's the will of the Commission. Vice Mayor Kelley encouraged getting the word out on social media, so that we can get information out there, so they show that there's a local preference. 10.C) Year-end Red Light Camera Presentation. Chief DeGuilio spoke about the Red Light Camera Safety Camera (Red Light Camera) Program 2024 report as follows: current RLC locations; Current RLC locations (continued); RLC Intersection Crash Data; data overview; what is the violation process; what are the red light camera funds used for; investigative uses of RLC video; Boynton Beach resident violator rate; agencies with Red Light Cameras; and questions. Commissioner Hay asked if they could get feedback from the community. 8 Meeting Minutes City Commission Boynton Beach, Florida January 21, 2025 Chief DeGuilio said that they typically get negative comments from those receiving a citation, but that there is a process for any citation, if there is pushback. Commissioner Hay asked if there are any plans to expand or reduce the RLC Program. Chief DeGuilio stated that in 2022, there was a plan to add six more cameras, which is being worked on, but there are no plans to do more. He spoke about the contract expiration date in 2026. Commissioner Hay asked if there is a sunset or a plan for the future to add more cameras. Chief DeGuilio said that there is no plan to add more cameras at the moment. He spoke about the benefits of the cameras, and mentioned that they would have additional conversations to add or remove camera locations if there is a concern about them. He mentioned the company doing their own traffic analysis too. Commissioner Hay asked about maintenance. Chief DeGuilio said that the vendor is responsible for maintenance of the cameras, and they take care of it quickly. Vice Mayor Kelley stated that she is shocked at the volume of traffic coming through the City, and the reduction in crashes, which shows that this program is working. She said that she would like to know if the numbers really changed from the first five years as opposed to now. She asked how do they utilize these traffic numbers to figure out issues we're having on our City streets. Chief DeGuilio spoke about using the data to determine patrolling in certain areas. He mentioned that their goal is to reduce crashes and fatalities. 10.D) Quarterly CIP Update. Rick Hoffer, Assistant Director of Public Works, spoke about the Capital Improvements Plan (CIP) Quarterly Update as follows: CIP 10 FY 24/25 update- budget; Fund 301; Fund 302; Fund 303; funding by department; project updates- Chapel Hill Entrance; project updates- Golfview Harbor Streets Resurfacing; project updates- Hester Center concession stand; project updates-Neighborhood Road Resurfacing: Meadows, Golfview Harbor and Citrus Park Lane; project updates- Oceanfront Park concession building remodel; project updates- Denson pool heaters; project updates- Airnasium; project updates- Cultural Center Auditorium; project updates- Centennial Park Landscape replacement; project updates- SE 1st Street; project updates- Pioneer Park Boat Ramp; project updates- Fire Station #2 (hardening); project updates- Fire Department Boat Dock and Lift; project updates- SE 36th Avenue (Gulfstream Blvd.) road rehab; project updates- Sara Sims Cemetery expansion project; project updates- 9 Meeting Minutes City Commission Boynton Beach, Florida January 21, 2025 Pence Park Reconstruction; project updates- Mangrove Park Boardwalk Removal; project updates- Harvey Oyer Jr. Park Pier replacement; project updates- Lawrence Road Beautification; project updates- Jaycee Park Master Plan/New Play Structure; project updates- San Castle; project updates- Marine Complex; project updates- Fire Station 3- new Fire Station; and questions. Vice Mayor Kelley left the dais at 7:46 PM and returned at 7:51 PM. Commissioner Turkin thanked Mr. Hoffer for the presentation and asked him about the Gulfstream Project. He asked if the City of Delray Beach maintains the median on Gulfstream. Kevin Ramsey, Director, Public Works, stated that the City maintains it for now, but there will be a cost sharing with Delray when this project is done. Commissioner Turkin spoke about the Pioneer Park Boat Ramp being almost fully funded by a grant and mentioned that we should try to get grants for the Harvey Oyer ramps. He spoke about getting the Bocce Ball Courts and Jaycee Park shaded Andrew Mack, Deputy City Manager, stated that they can look into it for next fiscal year. Vice Mayor Kelley mentioned that Solar Shade might work for those courts, and that perhaps they could partner with FPL on this. She said that she loves this presentation and that it should be given regularly. She spoke about funding on the federal level for public safety and that we should throw our names in all of the hats for those grants. Mr. Hoffer commented that he plans to give quarterly reports. Commissioner Hay asked about the Hester Center, and that when it rains, there's nowhere for the water to go, and asked to have that area covered in the future. He spoke about Centennial Park and replacing the grass. Mr. Hoffer responded that the City is replacing the grass with artificial turf. Mr. Mack stated that it is a different style of turf that will be used in Centennial Park, that is meant for that application, and not an athletic use. Commissioner Hay asked about Sara Sims Cemetery Expansion and if there are additional lands beyond the expansion, perhaps across the street, that will be considered. Mr. Mack responded that the City will not go beyond this area for Sara Sims, but the City is looking at other areas for another cemetery. Commissioner Hay asked how the Police and Fire ramps at the Marina will impact the parking. 10 Meeting Minutes City Commission Boynton Beach, Florida January 21, 2025 Mr. Mack said that there will be some changes, but there will be additional parking spaces. Commissioner Turkin mentioned that the City is using turf, so residents should be able to use turf also. Mayor Penserga mentioned that he would like to have a Beautification Task Force where the residents can be involved and that he is not imagining an overly structured task force, but he is open to a variation of it. Vice Mayor Kelley asked for Legal to find out about perimeters and legal options. City Attorney Lamb stated that if the City wants to create an advisory board, it would need an ordinance. Mayor Penserga said that he would shy away from it being a long-term advisory board. Commissioner Cruz said that it should be long term and that she favored having an advisory board. Commissioner Turkin said that a board would be good, so there's structure, or monthly workshops and input that staff and residents can participate in. Commissioner Hay stated that he is not in favor of another board because we are having trouble filling the current boards. He said that he would be more in favor of a task force. Mayor Penserga mentioned having a hybrid approach, start off with a Task Force and if there is consistent interest, create a Board. There was consensus from the board on a hybrid approach. Mayor Penserga said that he would like this to start as soon as possible. City Attorney Lamb explained the process. City Manager Dugger stated that he would like to meet with the Commissioners individually. Commissioner Cruz said that she does not have further opinions. Mayor Penserga said that he does not either, he just wants this to get started. Vice Mayor Kelley said that this Task Force can promote our Adopt-a-Road Program and said that the more boots on the ground that we have, it's a positive. She mentioned 11 Meeting Minutes City Commission Boynton Beach, Florida January 21, 2025 looking at the plan and figuring out what are the quick and easy things that the task force can do to promote the beautification program. Mayor Penserga reiterated the process that they will have. He asked if it will return to the Commission as a Resolution. City Lamb responded that it should be formalized if its a task force. 11) Future Agenda Items 11.A) Discussion regarding Citywide Master Plan to light up the City.- TBD 11.6) Discussion on additional paving in fiscal year 24-25 —TBD 11.C) Discussion on utility lift station upgrades and odor control —TBD 11.D) Discussion regarding the City's Comprehensive Plan. —TBD 11.E) Discussion regarding how to attract more affordable housing within the City - TBD 11.F) Discussion regarding requirements for Advisory Board Appointments.- Pending meeting with Vice Mayor Kelley 11.G) Discussion regarding Hazard Pay for Community Standards.- Pending meeting with Commissioner Cruz 11.H) Discussion regarding Amendments to the Code of Ordinances regarding flooding in the community.- Pending meeting with Commissioner Cruz 11.1) Discussion regarding combining City properties together to create senior affordable housing - Pending meeting with Mayor Penserga 12) Adjournment Motion: Commissioner Angela Cruz moved to adjourn. Commissioner Hay seconded the motion. The motion passed unanimously. The meeting was adjourned at 8:18 P.M. ; BoyRT, ........ �\y•• X CITY OF BOYNTON BEACH 9 ,1 ; SW � ATTEST: • fs•�N�oR j, ' •••.•12 TFa.'r; : • �Rl pq•��__ titiA t• Maylee ibesus, M ', MPA, City Clerk 12