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Minutes 05-20-25 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, May 20, 2025, at 6:00 P.M. Present: Mayor Rebecca Shelton Daniel Dugger, City Manager Vice Mayor Woodrow L. Hay Shawna Lamb, City Attorney Commissioner Angela Cruz Maylee De Jesus, City Clerk Commissioner Thomas Turkin Commissioner Aimee Kelley 1. Agenda Items A. Call to Order Mayor Shelton called the meeting to order at 6:00 P.M. Roll Call City Clerk Maylee De Jesus called the roll. Invocation given by Pastor Hutson, Christ Fellowship Church. The invocation was given by Pastor Huston. Pledge of Allegiance to the Flag led by Vice Mayor Woodrow Hay The Pledge of Allegiance was led by Vice Mayor Hay. B. Closed Attorney-Client Shade Meeting In Accordance with Section 286.011(8), Florida Statutes. Attorney Lamb announced the Closed Attorney-Client Shade meeting. C. Agenda Approval: 1 . Additions, Deletions, Corrections Commissioner Cruz requested to moved up Item 3B to before the Shade Meeting. Deputy City Manager Mack stated that Item 7B would be tabled until the June 3, 2025 meeting. Mayor Shelton added a discussion to the June 3, 2025, meeting regarding dogs on leashes. City Commission Meeting Boynton Beach, FL May 20, 2025 2. Adoption Motion: Commissioner Turkin moved to approve the agenda, as amended. Commissioner Kelley seconded the motion. The motion passed unanimously. 3B. Presentation by Sherri Claude, Recreation Administrator and Education & Youth Advisory Board Liaison, of the "Bob Borovy Student Citizen of the Year" award. Sherri Claude, Recreation Administrator, introduced the item. She thanked the judges that reviewed the applications. She presented the Bob Borovy Student Citizen of the Year Award to Megan Wilkinson, highlighting the winner's background. The City Commission recessed for the Shade Meeting at approximately 6:10 PM. The City Commission returned from the Shade Meeting at approximately 6:40 PM. 2. Other A. Informational items by the Members of the City Commission. There were no informational items by the City Commission. 3. Announcements, Community and Special Events and Presentations A. Legislative Update by Senator Lori Berman and Representative Joe Casello. Item 3A was heard immediately following Public Audience. B. Presentation by Sherri Claude, Recreation Administrator and Education & Youth Advisory Board Liaison, of the "Bob Borovy Student Citizen of the Year" award. Item 38 was heard immediately following 1 C. C. Announcement by Joe Matthews, Division Director of Solid Waste-Tire Amnesty Week June 2nd - 6th, 2025. Mr. Matthews announced Tire Amnesty Week. 2 City Commission Meeting Boynton Beach, FL May 20, 2025 D. Announcement by Events Division Manager Gabrielle Favitta regarding the Flag Planting ceremony and the Memorial Day Veterans ceremony. Mrs. Favitta announced the Flag Planting Ceremony and the Memorial Day Veterans Ceremony. 4. Public Audience Susan Oyer stated that she was here to complain about Code Enforcement, and about the Mayor pictures in the Commission Chambers. She spoke about getting code enforcement violations recently. She mentioned an Airbnb in her community having huge parties. Cassandra and Andre Patties, from Connect to Greatness, invited the Commission to their annual graduation on June 14th at the Women's Club. Robert Swift, President of the Chapel Hill, spoke about the dog friendly leash rules for the City that is confusing. He mentioned an issue in their own neighborhood that they are dealing with, and exceptions that the City should have. Paul Davidson spoke about the dog leash issue was well and mentioned a sign that is up at a park that is a conflicting statement. He said that there should be something consistent established. There were no online comments. Commissioner Turkin stated that there was proper notice about the meeting, and that there were conflicting signs, which was a failure on the City. He stated that if there are any changes, it will be done by this body. 3A. Legislative Update by Senator Lori Berman and Representative Joe Casello. Senator Berman stated that the Legislature failed to pass a balanced budget and will reconvene before July 1. She noted disagreements over proposed tax breaks and stressed the importance of a sustainable tax policy. She called this one of the best sessions in 15 years and highlighted several successful bills. Representative Casello stated that over 2,000 bills were filed and only 254 passed. He noted that one bill they worked on took three years to pass. He highlighted the successful passage of the waste reduction recycling plan. 3 City Commission Meeting Boynton Beach, FL May 20, 2025 Senator Berman discussed efforts to prevent commercialization of state parks, noting that a bill passed to prohibit such action. She also mentioned a bill proposing later high school start times, which did not pass. Representative Casello addressed legislation concerning CRAs, noting that the bill proposing their sunset ultimately died. He expressed his understanding of the value CRAs bring and stated his intent to continue monitoring the issue. Senator Berman emphasized her strong support for Home Rule and voiced concern over state preemptions. She cited the fluoride preemption bill as one that passed and reaffirmed the need to protect local governance authority. Representative Casello discussed Legislation banning Presidential Libraries, due to lack of municipal oversight, concerns about Live Local Act projects like the one next to Las Mangoes, and a proposal to rename the "Gulf of Mexico." He also addressed funding for city projects, noting money is in the House budget, though final decisions are not theirs. Senator Berman criticized new permit timeline rules, a restrictive citizen petition bill, and a proposed constitutional amendment that could affect local services. She emphasized the importance of Home Rule and opposed recent preemptions. 5. Administrative A. Ratify Selection of Chair and Vice Chair for the Community Redevelopment Advisory Board. Motion: Vice Mayor Hay moved to approve the selection of Alexandria Lopresto as Chair and Thomas Ramiccio as Vice Chair for the Community Redevelopment Advisory Board. Commissioner Turkin seconded the motion. The motion passed unanimously. B. Proposed Resolution No. R25-105- Appoint a City Commission representative and alternate to the Transportation Planning Agency (Formerly known as the MPO, Metropolitan Planning Organization). Motion: Commissioner Turkin moved to untable Proposed Resolution No. R25-105. Commissioner Kelley seconded the motion. The motion passed unanimously. Commissioner Turkin noted that he may take on the role himself next year when he has more availability. 4 City Commission Meeting Boynton Beach, FL May 20, 2025 Commissioner Hay added that anyone is welcome to attend. Motion: Commissioner Turkin moved to approve Proposed Resolution No. R25-105, with Commissioner Kelley as the Representative and Commissioner Cruz as the Alternate. Vice Mayor Hay seconded the motion. The motion passed unanimously. C. Community Support Funds. Motion: Commissioner Kelley moved to approve Community Support Funds requests from Commissioner Kelley, Commissioner Turkin, and Commissioner Cruz. Commissioner Turkin seconded the motion. The motion passed unanimously. D. Advisory Board Appointments. Motion: Commissioner Turkin moved to untable the Senior Advisory Board Appointment. Commissioner Cruz seconded the motion. The motion passed unanimously. Commissioner Cruz stated that she will not be moving forward with a nomination. Motion: Commissioner Turkin moved to approve Monique Bodden as the Regular Member of the Senior Advisory Board. Vice Mayor Hay seconded the motion. The motion passed unanimously. 6. Consent Agenda A. Accept report of purchases over $10,000 up to $50,000 from August 2024 to May 2025; staff will publish these reports on the City's website moving forward. B. Proposed Resolution No. R25-125- Approving and authorizing the Mayor to sign a land use agreement between the City of Boynton Beach and 3301 Quantum Owner, LLC for the 2025 Boynton Beach July 4th event on Friday, July 4, 2025. 5 City Commission Meeting Boynton Beach, FL May 20, 2025 C. Proposed Resolution No. R25-126-Approve the issuance of a Purchase Order to Tiresoles of Broward, Inc., d/b/a Elpex Tire, an authorized vendor of The Goodyear Tire and Rubber Company, for the purchase of recap/retread tires for the City's Fleet for five years with an annual expenditure of $90,000. D. Proposed Resolution No. R25-127- Approve the release of performance bond No. SU 40079, for the completion of construction work and required public improvements in association with Casa Del Mar-Dimick Road Improvements, in the amount of $186,256.40. E. Proposed Resolution No. R25-128-Approving Modification No. 1 to the Hazard Mitigation Grant Program Contract No. H0712 between the City and the Florida Division of Emergency Management to reinstate and extend the term until December 31, 2025, and increase the Federal Funding by $632,972.75 for a total funding of $1 ,433,724.75. F. Proposed Resolution No. R25-129- To ratify a change order to purchase order No. 251240 with RMJ Contractors, Inc. for the Intracoastal Park Clubhouse, Pavilion, and Bathroom Exterior Painting Project - RP2518, for a new not-to- exceed amount of$57,200, due to unforeseen building conditions. G. Proposed Resolution No. R25-130- Approving a consent agreement with Crown Castle (Old Sprint Spectrum) for the modification of equipment at the wireless communication facility located at 222 NE 9th Ave. H. Proposed Resolution No. R25-131- Authorizing the Mayor or City Manager to sign documentation related to the SHIP Program Local Housing Assistance Plan (LHAP). I. Proposed Resolution No. R25-116- Approving an Expenditure and Revenue Mid-Year Budget Amendment for Fiscal Year 2024-2025 Adjusting the General Fund, Building Fund, Risk Management Fund, and for All Other Purposes. J. Commission Meeting Minutes. K. Approve budget transfer within the Utility 403 accounts for the East Water Treatment Plant Generator replacement project. Money was inadvertently not encumbered and rolled over, necessitating the budget transfer. Motion: Commissioner Kelley moved to approve the consent agenda. Vice Mayor Hay seconded the motion. The motion passed unanimously. 6 City Commission Meeting Boynton Beach, FL May 20, 2025 7. Consent Bids and Purchases over $100,000 A. Approve the renewal and annual expenditure for the one-year extension for RFPs/Bids and/or piggybacks for the procurement of services and/or commodities over $100,000 as described in Exhibit A for May 20, 2025 - "Request for Extensions and/or Piggybacks." B. Proposed Resolution No. R25-132- Approve the lease buyout of thirty (30) 2021 RXV Elite Golf Cars in the net amount of $37,754.40; and purchase ninety (90) new carts for $220,073.15 utilizing the National OMNIA Partners Cooperative Contract No. R210201 and issue a purchase order to EZGO Division of Textron, Inc. (Tabled until June 3, 2025) C. Proposed Resolution No. R25-133- Approving a Third Amendment to the Master Services Purchase Agreement with AXON Enterprise Incorporated to modify the existing purchase agreement in order to procure equipment and services needed for the Police Department in an amount of $8,756,637.51 over a 120-month term/10 years. D. Proposed Resolution No. R25-134- Award Invitation to Bid (ITB) No. PWE25-026B Boynton Beach Oyer Park Fire Boat Lift Project, also known as Boating Safety Program PH II, to Seaside Marine Contractors and approve an Agreement with Seaside Marine Contractors in an amount of $178,017.50, plus a 10% contingency of $17,801 .75 for a total not to exceed $195,819.25. E. Proposed Resolution No. R25-136- Approving a Shared-Site Service Agreement with CareATC Inc., for professional health administration to employees, spouses, dependents, and retirees through its shared-site network health centers. Motion: Commissioner Turkin moved to approve table Proposed Resolution No. R25-132. Vice Mayor Hay seconded the motion. The motion passed unanimously. Motion: Commissioner Turkin moved to approve the Consent Bids and Purchases over $100,000, as amended. Vice Mayor Hay seconded the motion. The motion passed unanimously. 7 City Commission Meeting Boynton Beach, FL May 20, 2025 8. Public Hearing A. Proposed Ordinance No. 25-003- Second Reading, An Ordinance of the City Commission of the City Of Boynton Beach, Florida, Amending Part III 'Land Development Regulations," Chapter 1 "General Administration," Article II "Definitions;" amending Chapter 2 "Land Development Process," Article II "Planning and Zoning Division Services," Section 5 "Permit Applications;" amending Chapter 3 "Zoning," Article V "Supplemental Regulations," Section 3 "Common Building Appurtenances, Freestanding Structures and Site Amenities, Excluding Walls and Fences;" amending Chapter 4 "Site Development Standards," Article VIII "Utility Infrastructure Design Standards," Section 3 "Standards;" Establishing Regulations for artificial turf; providing for codification; providing for severability; providing for conflicts; and providing for an effective date. Motion: Commissioner Turkin moved to untable Proposed Ordinance No. 25-003. Vice Mayor Hay seconded the motion. The motion passed unanimously. City Clerk De Jesus read the ordinance title into the record. Jae Eun Kim, Principal Planner, stated that there were no changes since the last meeting and summarized the ordinance revisions. Mayor Shelton opened public comment. Susan Oyer thanked the City Commission and emphasized the importance of sustainability. She expressed interest in expanding the ordinance and suggested enforcement against past violators. Mayor Shelton closed public comment. Commissioner Turkin referenced pending legislation on artificial turf. Attorney Lamb explained that the State may override local turf rules for small properties, but since State guidelines could take up to a year, the City will regulate now and adjust later if needed. Commissioner Hay asked whether turf is recyclable. Ms. Kim responded that it is not, noting it typically ends up in landfills, though some facilities may burn it. She also mentioned existing requirements. 8 City Commission Meeting Boynton Beach, FL May 20, 2025 Motion: Commissioner Turkin moved to approve Ordinance No. 25-003 on Second Reading. Vice Mayor Hay seconded the motion. In a roll call vote, the motion passed unanimously. Assistant City Manager Temple added that they will work with properties that have had enforcement issues. B. Proposed Ordinance No. 25-004- Second Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, amending the art in public places and public beautification regulations of the code of ordinances; repealing part II "Code of Ordinances," Chapter 2 "Administration," Article XI "Arts Commission," and Article XII "Art in Public Places Program;" repealing Chapter 27 "Advisory Boards and Committees," Article II "Boynton Beach Art Advisory Board," Section 27-21 "Intent," Section 27-22 "Definitions," Section 27-25 "Establishment of Public Art Fee," Section 27-26 "Public Art Fund," and Section 27-27 "Art in Public Places Guidelines;" amending Chapter 27 "Advisory Boards and Committees," Article II "Boynton Beach Art Advisory Board," Section 27-24 "Purpose and Duties;" amending Part III "Land Development Regulations," Chapter 1 "General Administration," Article II "Definitions," and Article V "Housing Initiatives," Section 1 "State Housing Initiatives Partnership Act;" amending Part III "Land Development Regulations," Chapter 2 "Land Development Process," Article VI "Impact and Selected Fees," Section 5 "Art in Public Places;" amending Chapter 4 "Site Development Standards," Article XIV "Murals;" establishing regulations to regulate and provide standards of the art in public places program and public beautification; providing for codification; providing for severability; providing for conflicts; and providing for an effective date. Motion: Commissioner Turkin moved to untable Proposed Ordinance No. 25-004. Commissioner Kelley seconded the motion. The motion passed unanimously. City Clerk De Jesus read the ordinance title into the record. Amanda Radigan, Planning and Development Director, stated that the only change was on the last slide regarding a possible clarification and said that she was seeking direction from the Commission. Commissioner Turkin asked for clarification. 9 City Commission Meeting Boynton Beach, FL May 20, 2025 Ms. Radigan said that the ordinance is unchanged, but the slide shows possible language to exclude code-required items from public art fund use. Commissioner Turkin supported allowing commercial signage, noting that it could reduce budget costs. Ms. Radigan explained the proposed changes, excluding these items to be able to be used with art funds. Commissioner Cruz noted that some decisions are financial and asked about credits. Ms. Radigan clarified that there are none. Commissioner Cruz suggested including architectural excellence. Ms. Radigan said that it is not part of the public art program and could be complex. Commissioner Turkin appreciated the idea but felt that it did not belong in this ordinance. Commissioner Cruz requested a future agenda discussion on architectural excellence. Mayor Shelton asked about the percentage and pay-in-lieu option. Ms. Radigan explained that one of the changes includes a 10% discount on the fee if a developer chooses the pay-in-lieu option instead of providing public art, and the fee remains 1c1/0 of construction value. Vice Mayor Hay asked if there was a cap. Ms. Radigan replied that it is 1%, capped at $1 million. Assistant City Manager Temple added that the minimum threshold was increased from $250,000 to $500,000 a year or two ago to assist small business owners making interior renovations. Mayor Shelton opened public comment. Susan Oyer, a longtime Art Advisory Board member, expressed concern about the Commission approving artwork instead of the Art Board. She emphasized the importance of enforcing unique art. Mayor Shelton closed public comment. 10 City Commission Meeting Boynton Beach, FL May 20, 2025 Motion: Commissioner Kelley moved to approve Ordinance No. 25-004 on Second Reading. Commissioner Cruz seconded the motion. In a roll call vote, the motion passed unanimously. Commissioner Kelley noted consensus for including the exclusions presented. Motion: Commissioner Kelley moved to approve Ordinance No. 25-004 on Second Reading, as amended. Commissioner Cruz seconded the motion. In a roll call vote, the motion passed unanimously. C. Proposed Ordinance No. 25-005- Second Reading, An Ordinance of the City of Boynton Beach Florida, repealing and replacing Part II, Chapter 18, Article II, Division 5, Section 18-145 "City of Boynton Beach Investment Policy for General Employees' Pension Fund," to enable the Pension Plan Trustees to adopt and modify a City of Boynton Beach Investment Policy for the General Employees' Pension Fund; providing for codification; providing for severability of provisions; repealing all Ordinances and Resolutions in conflict herewith and providing for an effective date. City Clerk De Jesus read the ordinance title into the record. Attorney Lamb mentioned that this is a general requirement to make it easier to make investment decisions, and there have been no changes since first reading. Mayor Shelton opened public comment. There was none. Mayor Shelton closed public comment. Motion: Commissioner Cruz moved to approve Ordinance No. 25-005 on Second Reading. Commissioner Turkin seconded the motion. In a roll call vote, the motion passed unanimously. D. Proposed Ordinance No. 25-007- Second Reading, An Ordinance of the City of Boynton Beach, Florida, repealing Article XIII, Section 15-134 through 15- 11 City Commission Meeting Boynton Beach, FL May 20, 2025 137 of Chapter 15 and any amendments thereafter which established and revised the prohibition of conversion therapy on minors in the City of Boynton Beach; providing for conflicts; severability; and an effective date. City Clerk De Jesus read the ordinance title into the record. Attorney Lamb explained that this needed to be repealed because it contradicted the State law. Mayor Shelton opened public comment. There was none. Mayor Shelton closed public comment. Motion: Commissioner Cruz moved to approve Ordinance No. 25-007 on Second Reading. Vice Mayor Hay seconded the motion. In a roll call vote, the motion passed unanimously. E. Proposed Ordinance No. 25-008- Second Reading, An Ordinance of the City of Boynton Beach, Florida, Repealing Chapter 2, Article I, Section 2-19 of the City Code of Ordinances entitled "Drug Free Work Place;" Renaming Chapter 2, Article X to be entitled "Employee Handbook," Renaming and Amending Section 2-151 entitled "Personnel Policy Manual Adopted by Reference" to rename the section "Employee Handbook and Drug Free Workplace Adopted by Reference;" Providing for Conflicts, Severability, Codification, and an Effective Date. City Clerk De Jesus read the ordinance title into the record. Attorney Lamb stated that there have been no changes. Mayor Shelton opened public comment. There was none. Mayor Shelton closed public comment. Motion: Commissioner Cruz moved to approve Ordinance No. 25-008 on Second Reading. Vice Mayor Hay seconded the motion. In a roll call vote, the motion passed 4-0. Commissioner 12 City Commission Meeting Boynton Beach, FL May 20, 2025 Kelley was not present on the dais for the vote. F. Proposed Ordinance No. 25-009- First Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, Amending Part III "Land Development Regulations," Chapter 2 "Land Development Process," Article VI "Impact and Selected Fees" for the removal of Palm Beach County Park Impact Fees from Land Development Regulations. City Clerk De Jesus read the ordinance title into the record. Gabe Sevigny, Principal Planner, spoke about the following: overview; research; result; and questions. Mayor Shelton opened public comment. Susan Oyer asked if the fees were just sitting in an account before sending to the County. She said that this might be a way for the City to make money. She stated that this should have been making interest. Ms. Radigan explained the process that they are going through, paying the County monthly. She further explained that the interest that they are making for money collected for the City. Mayor Shelton closed public comment. Motion: Vice Mayor Hay moved to approve Ordinance No. 25-009 on Second Reading. Commissioner Cruz seconded the motion. In a roll call vote, the motion passed unanimously. G. Public Hearing and Approval of Proposed Resolution No. R25-135- Declaring the City-owned properties PCN #00-43-45-19-04-008-0200 (0.8149 Ac.), PCN# 00-43-45-19-04-006-0260 (5.7071 Ac.), PCN # 00-43-45-19-00-000- 3010 (1.6572 Ac.), and PCN #00-43-45-19-03-006-0080 (6.8470 Ac.), totaling 15.03 Acres, as surplus and directing the method of disposition. Mayor Shelton read the resolution title into the record. Gail Mootz, Real Estate and Special Projects Manager, spoke about the request from staff regarding City owned properties and further explained the process. Mayor Shelton opened public comment. 13 City Commission Meeting Boynton Beach, FL May 20, 2025 Susan Oyer stated that this is a public forest that we fought to stay a forest, and she cannot believe we are getting rid of this area. She mentioned that this is filled with all kinds of animals. She said that this was deeded to stay public land. Mayor Shelton closed public comment. Commissioner Turkin asked if there was a deed restriction for public purpose on the property parcel and whether it was zoned for apartments. Deputy City Manager Mack confirmed that there is a deed restriction on Parcel 1 only and clarified that the restriction does not apply to the other parcels. Vice Mayor Kelley noted that while the City owns some of the property, it has no control over it since it lies outside City limits. Commissioner Cruz shared that she spoke with the applicant and requested inclusion of as much green space as possible. Deputy City Manager Mack asked for clarification on the disposition process, specifically whether the Commission intended to negotiate with the party that submitted the Letter of Intent, issue a Request for Proposals (RFP), or take another route. Motion: Commissioner Turkin moved to approve Resolution No. R25-135, with staff recommendations added. Commissioner Cruz seconded the motion. The motion passed unanimously. 9. City Manager's Report- None A. Amphitheater Update. Deputy City Manager Mack provided an update on the amphitheater, noting a shift from artificial turf to sod. He stated that the project should be complete by the first week of July and they will revisit options next year. 10. Regular Agenda A. City Attorney update and discussion requested by Commissioner Turkin regarding campaign filing fees, sign bonds, and petitions. Motion: 14 City Commission Meeting Boynton Beach, FL May 20, 2025 Commissioner Kelley moved to untable this discussion. Vice Mayor Hay seconded the motion. The motion passed unanimously. Assistant City Attorney Ian Gregorchik presented the following: campaign filing fees and sign bond fee, including comparisons with other counties; sign regulations; and account requirements. Commissioner Turkin raised concerns about sign placement on residential properties. Attorney Lamb stated that language can be crafted to address this and asked for direction on petition thresholds. The Commission discussed petition numbers, with 50 for Commissioners and 100 for the Mayor suggested. Commissioner Cruz felt 3% was too high. The Commission discussed filing and assessment fees, reaching consensus on a 2% City fee, 1% state fee, and a $500 sign bond fee with a 10-day period before the penalties take place. Civil penalties and enforcement were debated. Commissioner Cruz and others expressed concern about signs being moved maliciously. Attorney Lamb noted that small yard signs could be exempted, and clarified the civil penalty. There was additional discussion on auditing and enforcement logistics. 11. Future Agenda Items A. Proposed Ordinance No. 25-006- First Reading, An Ordinance of the City Commission of the City Of Boynton Beach, Florida, Amending Part II, Chapter 27, Article I, Section 27-2 "Board or Committee Member Selection; Organization; Qualifications; Term," establishing limited authority to waive certain appointment requirements; providing for codification; providing for severability; providing for conflicts; and providing for an effective date. This item was tabled at the May 6, 2025 City Commission Meeting.- July 15, 2025 B. Discussion regarding Citywide Master Plan to light up the City.- TBD Requested by Commissioner Turkin. 15 City Commission Meeting Boynton Beach, FL May 20, 2025 C. Discussion regarding creating a beautification board. - TBD Requested by Commissioner Turkin. D. Discussion on utility lift station upgrades and odor control - TBD Requested by Vice Mayor Hay. E. Discussion regarding fluoride in the water. - Pending proposed State Legislation, Senate Bill 700. Requested by Vice Mayor Hay. F. Discussion regarding requirements for Advisory Board Appointments.- Pending meeting with Commissioner Kelley. Requested by Commissioner Kelley. G. Discussion regarding the City's Comprehensive Plan.- Kickoff meeting pending the award of the RFP. Requested by Commissioner Cruz. H. Discussion in regards to an additional area that might be available as a future cemetery.- Pending meeting with City Real Estate Manager. Requested by Vice Mayor Hay. I. Discussion regarding combining City properties together to create senior affordable housing.- Pending Joint Meeting with the CRA. Requested by Vice Mayor Hay. J. Discussion regarding Amendments to the Code of Ordinances regarding flooding in the community.- Pending meeting with Commissioner Cruz. Requested by Commissioner Cruz. K. Discussion on Animal Control position in Police Department.- Scheduled to be heard with Budget Workshop. Requested by Commissioner Kelley. L. Discussion regarding City website- TBD. Requested by Mayor Shelton. 14. Adjournment Motion: Commissioner Cruz moved to Adjourn. Commissioner Turkin seconded the motion. The motion passed unanimously. With no further business to discuss, the meeting was adjourned at 9:17 P.M. 16 City Commission Meeting Boynton Beach, FL May 20, 2025 CIT ` BOYNTON BEACH ATTEST: II Ivka -- Maylee D- esus, MPA MC 4 City CI:r ---"'";57!\%/;-‘,01`‘‘ �' �.•GpRPO • ��%,+ AL _ , INCORppRATED: X41 . 19:00k ••.• ,.� r �`��`�O .r.� 17 'yam[, J THE BERMAN BRIEFING The Official Publication of Senate District 26 SENATOR BERMAN ' S r,400„:„......... 2025 LEGISLATIVE • SESSION RECAP \ . # r, S '� _ \ TABLE OF CONTENTS Senator Berman's Legislative ,-2 Accomplishments . • The Good 3-4 E__:-. {o .� - • The Bad 5-6 \,, :` ` ( The Ugly 7 Preemption Issues 8 - � �~ ` / Stopped Bills HOPE Florida Scandal �0 • � � Florida's Budget 11 OFFICE CONTACT ��� � A,\ :// 2300 High RSuite 161 BERMAN oah, 426 / - (561) 292-6014idgeRd BBermanynton B.Lori@flecsenateFL33.gov Page 1 SENATOR BERMAN 'S LEGISLATIVE ACCOMPLISHMENTS - SPONSORED BILLS For a complete list of Senator Berman's bills that were filed but not passed, visit https://www.flsenate.gov/Senators/S26 4. ,�.. PASSED: SB 158, Coverage for Diagnostic and -2` Supplemental Breast Examinations This bill prohibits the state group insurance program from imposing any cost-sharing liability for diagnostic breast examinations and supplemental breast examinations in any contract or plan for state employee health benefits that provides coverage for diagnostic breast examinations or supplemental breast examinations. 'l' ;; PASSED:; SB 200, Comprehensive Waste Reduction and vteRecycling Plan This bill directs the Department of Environmental Protection (DEP) to develop a comprehensive waste reduction and recycling plan by July 1, 2026, and convene a technical assistance group within the DEP to help develop the plan. The bill provides minimum criteria for the plan and directs the DEP to provide a report to the President of the Senate and the Speaker of the House of Representatives upon its completion. -111 vin7 F{ - (t } 4.K 1414000011rA Ili' 11.11 V 1 it # ► .. A : lit. ` i — i i • Page 2 lith 4 301 F ` PASSED: SB 356, Holocaust Remembrance Day SB 356 establishes Holocaust Remembrance Day. Specifically,the bill requires the Governor to annually proclaim January 27th as "Holocaust Remembrance Day."The bill permits the day to be suitably observed in public schools,the Capitol, and elsewhere as designated by the Governor. It also allows for instruction to be delivered on the designated day on the harmful impacts of the Holocaust and anti-Semitism as well as the positive impacts of the Jewish community on humanity. PASSED: SB 262, Trusts SB262 clarifies and changes provisions of the Florida Trust Code. These changes are recommended by the Real Property, Probate, and Trust Law Section of the Florida Bar to increase consistency in Code practice. � . PASSED: SB316 Limited Liability Companies uirl A Series Limited Liability Company is a type of business entity that is similar to a traditional Limited Liability Company. Currently, series LLCs cannot be formed under Florida law,and series LLCs formed under the laws of other states cannot be regulated by Florida law.The bill would provide for the creation of series LLCs in Florida and provide rules governing the operation of foreign series LLCs that transact business in Florida. • Page 3 THE GOOD _. .4 . - f 0 PASSED: CS/SB 524: Newborn Screenings PASSED: HB 209 - State Park Protection SB 524 adds Duchenne muscular dystrophy (DMD) to Florida's newborn screening program, marking an A win for conservation and public access, HB 209 was filed in response to Governor DeSantis's important step toward early diagnosis and treatment of this life-threatening genetic disorder. proposal to build pickleball courts, lodging, and commercial facilities in state parks. The bill requires Beginning January 1, 2027, and subject to public hearings and tightens land use standards to legislative funding, the Department of Health will ensure that future developments align with be required to screen all newborns for DMD at the environmental and recreational goals. It prevents appropriate age. The change aligns Florida with anything from governor's plan from being pushed federal screening recommendations and through without a proper hearing and outright bans underscores the state's commitment to improving some ideas such as pickleball courts. Advocates outcomes for children with rare diseases. called it a needed course correction to preserve Florida's natural spaces. 4 PASSED: SB 112: Children with to Developmental Disabilities SB 734: Actions for Recovery of Damages for Wrongful Death The bill expands services and funding A major victory for families and justice advocates, opportunities for children with autism HB 6017 repeals the decades-old "Free Kill" law, spectrum disorder (ASD or autism) and which barred adult children from suing for other developmental disabilities. This medical malpractice if their deceased parent had bill appropriates $755,904 in grant no spouse or minor child. This bill restores equal legal rights to grieving families and passed after support for children with autism. The years of advocacy. Hospitals and insurers University of Florida Center for Autism opposed it, but public pressure proved decisive. and Neurodevelopment will also be This bill took decades to pass. required to fund special summer PASSED: 846/HB 915- Advertisements for programs for these children. Representation Services(Notario/Notary Fraud); Senate Bill 846 aims to address notary public fraud and unauthorized legal practices in immigration matters. 104 . . Ito ,, c - . , These measures aim to protect individuals seeking l immigration assistance from fraudulent practices and _ • , ensure that only qualified professionals provide such services. Page 4 THE GOOD PASSED: CS/CS/CS/HB 289: Boating Safety ` , HB289 , also known as "Lucy's Law," strengthens PASSED: HB 1445 - Reforming the boating safety regulations in Florida. It enhances Executive Branch penalties for leaving the scene of a boating accident, reckless or careless vessel operation, and This bill enacts sweeping reforms to how senior boating under the influence—especially when officials in the executive branch are selected and serious injury, death, or harm to an unborn child how they can act. It makes new requirements for occurs. The bill requires mandatory boater safety members of boards, commissions, and licensing education and fines for repeat or serious violators, authorities, mandating them to be U.S. citizens and allows for the suspension of driver licenses tied and Florida residents. The bill bans unelected state to boating offenses. It also expands the definition officers and employees from soliciting political of vessel homicide to include unborn children and contributions or participating in campaign increases regulatory clarity around livery vessel activities while performing official duties rentals. PASSED: SB 296: Middle School and High School Start Times PASSED: CS/CS/SB 168: Mental Health SB 296 requires Florida middle schools to start no earlier than 8:00 a.m. and high schools no earlier SB 168, the Tristin Murphy Act, establishes a than 8:30 a.m. by the 2026 school year to improve statewide framework for mental health diversion student health and academic performance. School programs, allowing individuals with mental illness districts and charter schools must submit a report to be diverted from jail and into treatment. detailing their plans and any challenges or seek an Named after Tristin Murphy, a young father who exemption. This is a reversal of a law which allowed died by suicide in a Florida prison after not for later school start times. receiving proper mental health care, the bill PASSED HB 1103: Services for Individuals responds to growing concerns about how the with Developmental Disabilities justice system handles people in crisis. It creates HB 1103 focuses on improving services for Floridians with model processes for both misdemeanor and developmental disabilities and their families. The bill felony diversion, encourages counties to apply for increases transparency by requiring the state to share implementation grants, and gives state attorneys more up-to-date information about available services discretion to dismiss charges after successful and the waitlist for support. It also creates a statewide treatment. The bill also expands veterans council made up of families and self-advocates to help treatment courts, mandates evaluations for shape policy and advocate for better care. The bill certain inmates, and establishes a statewide expands a pilot program that gives individuals more flexibility and support in choosing services that meet their behavioral health data repository. SB 168 passed unique needs. Overall,this legislation is aimed at making with bipartisan support and marks a critical step Florida's system more responsive, more family-centered, toward breaking the cycle of incarceration for and easier to navigate. This is aimed at getting more Floridians with mental illness. individuals off the ibudget waitlist, making it easier for them to acess the care they need. Page 5 THE BAD PASSED: HB 651: Department of Agriculture and Consumer Services HB 651, the "Florida Farm Bill," includes a deeply troubling provision that bans the addition of fluoride to public water systems statewide. This ban goes against more than 80 years of public health consensus supporting community water fluoridation as a safe, effective, and affordable method to prevent tooth decay. Despite no credible evidence of harm from fluoride at the levels currently used in Florida, typically well below 1.5 mg/L, the Legislature accepted a flawed interpretation of a controversial NIH review of foreign studies to justify this sweeping measure. Major health institutions, including the CDC, the American Dental Association, and the World Health Organization, continue to strongly endorse water fluoridation as one of the top public health achievements of the 20th century. Unfortunately, despite my amendment efforts to preserve the fluoride provisions, the bill passed and will have far-reaching implications for over 100 municipalities that currently fluoridate their water. The provision does nothing to benefit Florida's farmers or agriculture industry, making its inclusion in an agriculture package all the more confounding. This is a blatant overreach by state government into local control, one that undermines public health, disregards science, and ultimately jeopardizes the well-being of children and families across the state. ll1 t , Page 6 - _ . • . _lop. . I . 4:000000111111111 , in :, it‘. ' . lir s, L�1 j 11 0 PASSED: HB 575: The Designation PASSED: SB 118: Regulation of of the Gulf of Mexico Presidential Libraries HB 575 absurdly renames the Gulf of Mexico as the "Gulf of America across SB 118 strips local governments of any regulatory authority over presidential Florida statutes and legal documents. This purely symbolic and politically libraries, preempting all control to the motivated change has no practical state and deferring oversight to the benefit and only serves to stir partisan federal government. This bill raises culture wars. The bill wastes state serious concerns for Palm Beach County, where former President resources and disrespects scientific, Donald Trump could potentially geographic, and international standards choose to locate his presidential that have identified the Gulf of Mexico library. By banning counties and cities by its historic name for centuries. With from enacting ordinances or speculation that former President Donald protections related to such a project, Trump could one day place his the legislation could tie the hands of presidential library in Palm Beach County, local officials and residents who may the prospect of this unnecessary have legitimate concerns about rebranding only adds to local concerns zoning, traffic, security, or political about political spectacle overtaking disruption. serious policy. Page 7 . THE UGLY CD These bills have serious constitutional concerns and will probably be challenged in court, leading to tax payer funded attorneys fees and have potential to be overruled by the courts. PASSED: HB 1205: Amendments to the 04. State Constitution elPASSED:CS/CS/SB 492: Mitigation Banks HB 1205 drastically changes Florida's citizen initiative process by imposing a complex web SB 492 is a troubling bill that undermines of new rules, restrictions, and penalties that Florida's environmental safeguards by make it significantly harder for voters to overhauling how the state's mitigation banking propose constitutional amendments. The bill system functions. Mitigation banks are prohibits anyone from collecting more than 25 designated areas of land that are restored or petitions without registering as a circulator, preserved to compensate for environmental bans non-Florida residents and non-citizens damage caused by development elsewhere. from participating, and requires petition They are intended to ensure that when sponsors to meet strict reporting and wetlands are disturbed, an equivalent or submission deadlines or face disbandment. It greater ecological benefit is created in return. also mandates that every circulator complete This bill allows mitigation credits to be sold and state-run training, allows citizens to challenge used far from the impacted area and permits circulator eligibility in court, and imposes steep the release of credits before there is proof that fines, including up to $50,000, for violations restoration efforts have actually worked. It also like failing to submit forms in a timely manner reduces oversight and prioritizes speed and or using prefilled petitions. Sponsors may also convenience for developers over science and be held financially liable for circulator environmental protection. SB 492 shifts the misconduct, regardless of intent or knowledge. purpose of mitigation from preserving While the legislation is framed as a response to ecosystem health to serving industry interests, alleged fraud, the sweeping provisions go far putting Florida's wetlands and natural beyond addressing bad actors. Instead, HB resources at serious risk. By forcing state 1205 creates high barriers for grassroots campaigns, disproportionately benefiting well- agencies to approve expanded credit sales and allowing developers to buy credits far funded interests that can navigate the outside the areas they are impacting, the bill complex compliance system. The bill undermines a constitutional right reserved to takes away the discretion of experts charged the people by erecting procedural hurdles that with protecting Florida's wetlands and chill civic participation and suppress the waterways. initiative process itself. . Page 8 PREEMPTION ISSUES0 CS/SB 1080: Local Government Land Regulation 114 isignificantlyi e elo SB 1080 is a sweeping land-use bill that curtails local control over development v p and planning decisions. It imposes rigid deadlines on counties and municipalities for processing development applications, with strict refund penalties for missed timelines, even in complex or contested cases. It narrows the local authority to request information from developers, caps the number of times a locality can ask for clarification, and defines "substantive changes" so narrowly that it restricts meaningful oversight. Additionally, it limits how school districts can collect alternative impact fees and imposes high voting thresholds and phase-in requirements on all local impact fee increases, making it harder for fast-growing communities to fund necessary infrastructure. The bill disproportionately favors developers and undermines home rule by boxing out local governments from the decision-making process in their own communities. It weakens the ability of cities and counties to negotiate or adapt development to local needs, while shifting power to the state and creating a one-size-fits-all permitting regime. SB 1080 passed both chambers and is expected to become law, representing a major step backward for responsible, locally informed growth management in Florida. PASSED: HB 913 Condominium and Cooperative Associations A strong bipartisan bill that builds on post-Surfside reforms, HB 913 allows condominium associations to meet new financial reserve mandates by using a secured line of credit, provided it meets state-defined risk and repayment standards. It preserves safety obligations while offering flexibility to communities struggling with large lump-sum assessments. HB 913 includes concerning state preemption provisions that override local government authority to adopt additional building safety rules for condominiums. By locking local governments into state minimum standards, the bill takes away the ability of cities and counties to respond to unique local risks, especially in coastal communities like Palm Beach County where older buildings face increased threats from hurricanes, flooding, and saltwater corrosion. This one- size-fits-all approach limits the tools local officials have to keep residents safe. • Page 9 , STOPPED! STOP \ / These bad bills were stopped during the legislative process meaning they did not become law! / \ STOP OP STOPPED: HB 759: Minimum Age for / \ STOPPED: CS/CS/SB 676: Minimum Wage \ / Firearm Purchase or Transfer \ / Requirements HB 759 would have rolled back one of the few bipartisan gun safety reforms passed after the This bill would have allowed employers to 2018 Parkland shooting by lowering the minimum sidestep minimum wage laws by letting young age to purchase firearms in Florida from 21 to 18. workers "opt out" of their right to fair pay, essentially normalizing exploitation under the STOPPED: SB 1288: Parental Rights guise of opportunity. STOP SB 1288 would have made it harder for students to access critical health and wellness support by /---\ STOPPED: SB1284, Civil Liability for the requiring parental consent for the use of STOP Wrongful Death of an Unborn Child biofeedback devices, mental health screenings, \__/ and treatment for sexually transmitted infections. This bill would have created a new cause of action for the wrongful death of an "unborn STOPPED: HB 1225: Employment child," opening the door to extreme personhood STOP laws in Florida. HB 1225 is a pro-child labor bill that guts protections STOPPED: HB 1539: Materials for young workers, allowing teenagers to work longer STOP Harmful to Minors hours on school nights and during the school week. It puts kids at risk by prioritizing business interests over HB 1539 expands Florida's already extreme book their education, safety, and well-being. banning policies by broadening what materials can be challenged and how quickly they must be STOP STOPPED:SB 100: Display of Flags by removed from schools Governmental Entities SB 100 would have banned cities, schools, and other government entities from flying flags representing political, racial, or LGBTQ+ viewpoints, framing it as a requirement for "neutrality." Thankfully, the bill died in the legislative process and did not become law. Page 11 LET'S TALK ABOUT HOPE FLORIDA °C? Hope Florida, an initiative launched by First Lady Casey DeSantis in 2021, aims to assist Floridians in achieving self-sufficiency by connecting them with community resources. The program utilizes "Hope Navigators" to guide individuals through available services, including those offered by faith-based organizations. However, the program has come under scrutiny due to a $10 million donation from Centene Corporation, Florida's largest Medicaid managed-care operator. This donation was part of a $67 million settlement with the state's Agency for Health Care Administration (AHCA) over allegations that Centene overcharged the state's Medicaid program for prescription drugs. Lawmakers questioned why $10 million of this settlement was directed to the Hope Florida Foundation, a nonprofit supporting the initiative, instead of returning the full amount to the state. Further concerns arose when it was revealed that the foundation disbursed two $5 million grants to nonprofit organizations that subsequently contributed to political groups opposing the 2024 ballot measure to legalize recreational marijuana. This sequence of events led to allegations that public funds were indirectly used for political campaigning, prompting a legislative investigation. The House Health Care Budget Subcommittee, led by Rep. Alex Andrade, initiated an inquiry into the matter. However, the investigation faced obstacles when key witnesses, including the foundation's attorney and leaders of the recipient nonprofits, declined to testify. Consequently, the subcommittee concluded its investigation without compelling testimony or issuing subpoenas. Governor Ron DeSantis dismissed the investigation as a "hoax" and defended the program's effectiveness in reducing dependency on government assistance. Despite the controversy, the Hope Florida Foundation has not filed required tax documents, raising further questions about transparency and oversight. I am deeply disappointed that the Legislature failed to complete its investigation into the Hope Florida program. With millions of taxpayer dollars funneled through private foundations and faith-based networks, Floridians deserve full transparency on where that money went and how it was used. Public funds must always be accounted for, especially when there are serious concerns about political influence, lack of oversight, and blurred lines between government and religious organizations. This matter should not be dismissed or ignored by any of us. Page 10 , A NOTE ABOUT THE CURRENT STATE OF FLORIDA'S 441 BUDGET As the 2025 Regular Legislative Session ended on May 2, one major item remained unfinished: the state budget. Despite months of negotiations, the Florida Legislature failed to pass a constitutionally required balanced budget before the scheduled end of session. The holdup came largely from unresolved differences between House and Senate leadership over tax cuts and spending priorities. The House had proposed a $115 billion budget, while the Senate put forward a $117.4 billion version, notably lower than last year's budget and the $115.6 billion plan submitted by Governor DeSantis. After intense behind-the- scenes discussions, lawmakers reached a tentative framework for a final budget expected to include approximately $2.8 billion in tax relief. In light of the impasse, the Legislature will reconvene upon the call of the Senate president to complete the budget process. Currently, we do not have a scheduled date to begin thsis process. The new budget must be finalized before Florida's fiscal year starts on July 1. I remain committed to ensuring that the final budget reflects the needs and priorities of Palm Beach County residents and safeguards critical investments in education, healthcare, infrastructure, and local initiatives. ,,,r1:-;.;_s A • j \ • I � S ;x