Agenda 05-03-22The City of
Boynton Beach
City Commission Agenda
Tuesday, May 3, 2022, 5:30 PM
GoToWebinar Online Meeting and City Hall Commission Chambers, 100
E. Ocean Avenue
Boynton Beach City Commission
Mayor Ty Penserga (At Large)
Vice Mayor Angela Cruz (District 1)
Commissioner Woodrow L. Hay (District 11)
Commissioner Thomas Turkin (District 111)
Commissioner Aimee Kelley (District IV)
James Stables, Interim City Manager
James Cherof, City Attorney
Crystal Gibson, City Clerk
*Mission*
To create a sustainable community by providing exceptional
municipal services, in a financially responsible manner.
www. boynton-beach.org
Page 1 of 106
Welcome
Thank you for attending the City Commission Meeting
General Rules & Procedures for Public Participation at
City of Boynton Beach Commission Meetings
The Agenda:
There is an official agenda for every meeting of the City Commissioners, which determines the order
of business conducted at the meeting. The City Commission will not take action upon any matter,
proposal, or item of business, which is not listed upon the official agenda, unless a majority of the
Commission has first consented to the presentation for consideration and action.
. Consent Agenda Items: These are items which the Commission does not need to discuss individually
and which are voted on as a group.
. Regular Agenda Items: These are items which the Commission will discuss individually in the order
listed on the agenda.
. Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by
either a regular voice vote with "Ayes & Nays" or by a roll call vote.
Speaking at Commission Meetings:
The public is encouraged to offer comment to the Commission at their meetings during Public Hearings,
Public Audience, and on any regular agenda item, as hereinafter described.
City Commission meetings are business meetings and, as such, the Commission retains the right to impose
time limits on the discussion on an issue.
Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public
Hearings."
Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction
of the Commission - Time Limit - Three (3) Minutes.
Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a
motion has been made and properly seconded, with the exception of Consent Agenda Items that have not
been pulled for separate vote, reports, and presentations. - Time Limit - Three (3) Minutes.
Addressing the Commission: When addressing the Commission, please step up to either podium and state
your name for the record.
Decorum: Any person who disputes the meeting while addressing the Commission may be ordered by the
presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue
comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An
order by the presiding officer issued to control the decorum of the meeting is binding, unless over -ruled by the
majority vote of the Commission members present.
Please turn off all cellular phones in the City Commission Chambers while the City Commission Meeting is in
session.
The City of Boynton Beach encourages interested parties to attend and participate in public meetings either
in-person or via communications media technology online. To view and/or participate in the City Commission
meeting online you have the following options:
1. Watch the meeting online, but not participate:
Page 2 of 106
You may watch the meeting via the GoToWebinar platform. Visit the City's website at www.boynton-beach.org
to access the up-to-date link to the meeting.
2. Watch the meeting online and provide public comment during the meeting:
To request to speak during the meeting, you can electronically "raise your hand" or type a question using the
GoToWebinar platform. The meeting moderator will announce when it is your turn to speak or have your
question addressed. Please note that time limits will be enforced so comments must be limited to no more than
3 minutes.
For additional information or for special assistance prior to the meeting, please contact Crystal Gibson, City
Clerk, at cityclerk@bbfl.us or (561) 742-6061.
Page 3 of 106
1. Openings
A. Call to Order - Mayor Ty Penserga
Roll Call
Invocation by Pastor Amalie Ash, First Presbyterian Church
Pledge of Allegiance to the Flag led by Mayor Ty Penserga
Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
2. Other
A. Informational items by the Members of the City Commission.
3. Announcements, Community And Special Events And Presentations
A. City lobbyist Mat Forest to provide the City Commission and the public with an update on the state
Legislative Session.
B. Proclaim the month of May 2022 as Mental Health Awareness and Trauma Informed Care Month.
Proclamation to be received by Gerda Klein from the Boynton Beach Mental Health Committee.
C. Proclaim the month of May 2022 as National Historic Preservation Month. Proclamation to be
received by Barbara Ready, Chair of the Historic Resources Preservation Board.
D. Announcement by John Durgan, Economic Development Manager, regarding Turn the Tables
Career and Internship Expo on May 11, 2022.
4. Public Audience
Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of the Chair,
this 3 minute allowance may need to be adjusted depending on the level of business coming
before the City Commission)
5. Administrative
A. Consideration of a Special City Commission Meeting to accept staff ranking of applications to the
Notice of Funding Opportunities (NOFOs) for use of the City's American Rescue Plan Act
(ARPA) funds and to award funds based upon application eligibility and proposed
programming. (Tabled from the March 15, 2022 City Commission Meeting.)
B. Appoint a City of Boynton Beach Elected Official to the local Affordable Housing Advisory
Committee (AHAC) pursuant to Florida Statute 420.9076 - State Housing Initiatives Partnership
Program.
C. Appoint eligible members of the community to serve in vacant positions on City advisory boards.
6. Consent Agenda
Matters in this section of the Agenda are proposed and recommended by the City Manager for
"Consent Agenda" approval of the action indicated in each item, with all of the accompanying
material to become a part of the Public Record and subject to staff comments
A. Accept the written report to the Commission for purchases over $10,000 for the month of March
2022.
Page 4 of 106
B. Proposed Resolution No. R22-062- Approve and authorize the City Manager to sign a
hurricane commissary contract between The City of Boynton Beach and Catering Solutions, LLC
to provide food for City employees working in the aftermath of a hurricane. Expenditures not to
exceed $50,000.
C. Approve the purchase of parts and equipment with South Florida Emergency Vehicles as a Sole
Source vendor for maintenance and repair of Sutphen Fire trucks and ambulances. The estimated
annual expenditure is $75,000.
D. Proposed Resolution R22-063 - Approve Application and Resolution for Assistance 2022, Under
The Florida Inland Navigation District Waterways Assistance Grant Program.
E. Approve minutes from the April 19, 2022 City Commission meeting.
7. Bids And Purchases Over $100.000 - None
8. Public Hearina
6 p.m. or as soon thereafter as the agenda permits.
The City Commission will conduct these public hearings in its dual capacity as Local Planning
Agency and City Commission.
A. Proposed Ordinance 22-012 - Second Reading - Approval of Ordinance amending the
Commission voting district boundaries.
This is done in accordance with requirements outlined in the City Charter. Redistricting takes
place every 10 years, each time after the US Census is completed.
(Continued from the April 19, 2022 City Commission Meeting.)
9. City Manager's Report - None
10. Unfinished Business - None
11. New Business - None
12. Legal
A. Approval of request from the City Attorney for private attorney-client session of the City
Commission pursuant to Section 286.011(8), Florida Statutes, to discuss pending litigation in the
following case:
CITY OF BOYNTON BEACH, a Florida municipal corporation, Plaintiff, vs. JKM
BTS CAPITAL, LLC., Defendant — Palm Beach County Circuit Court Case
Number: 50-2020C A012780-XXXX- M B
13. Future Agenda Items
A. The City's external auditors will present the Fiscal Year 2021 financial statements. - May 17, 2022
B. Commission discussion of potential height limitations at the request of Commissioner Turkin. - May
17, 2022
C. Commission discussion on adding a dog park in District III at the request of Commissioner
Turkin. - May 17, 2022
D. Commission discussion on changing the start time for City Commission meetings to 6:00 p.m. at
the request of Commissioner Turkin - May 17, 2022
14. Adjournment
Notice
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If a person decides to appeal to any decision made by the City Commission with respect to any matter considered at this meeting, He/She will
need a record of the proceedings and, for such purpose. He/ She may need to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105)
The city shall furnish appropriate auxiliary aids and services where necessary to atlord an individual with a disability an equal opportunity to
participate in and enjoy the benefits of a service, program, or activity conducted by the city. Please contact the City Clerk's office, (561) 742-
6060 or (TTY) 1-800-955-8771, at least 48 hours prior to the program or activity in order for the city to reasonably accommodate your request.
Additional agenda items may be added subsequent to the publication of the agenda on the city's web site. Information regarding items added
to the agenda after it is published on the city's web site can be obtained from the office of the City Clerk.
Page 6 of 106
City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 5/3/2022
Requested Action by Commission:
Call to Order - Mayor Ty Penserga
Roll Call
nvocation by Pastor Amalie Ash, First Presbyterian Church
Pledge of Allegiance to the Flag led by Mayor Ty Penserga
Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
Explanation of Request:
How will this affect city programs or services?
Fiscal Impact:
Alternatives:
Strategic Plan:
Strategic Plan Application:
Climate Action Application:
Is this a grant?
Grant Amount:
Attachments:
1.A.
Opening Items
5/3/2022
Page 7 of 106
Requested Action by Commission: Informational items by the Members of the City Commission.
Explanation of Request:
How will this affect city programs or services?
Fiscal Impact:
Alternatives:
Strategic Plan:
Strategic Plan Application:
Climate Action Application:
Is this a grant?
Grant Amount:
Attachments:
2.A.
Other
5/3/2022
Page 8 of 106
3.A.
Announcements, Community and Special Events and Presentations
5/3/2022
City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 5/3/2022
Requested Action by Commission: City lobbyist Mat Forest to provide the City Commission and the public
with an update on the state Legislative Session.
Explanation of Request:
How will this affect city programs or services?
Fiscal Impact:
Alternatives:
Strategic Plan:
Strategic Plan Application:
Climate Action Application:
Is this a grant?
Grant Amount:
Attachments:
Page 9 of 106
3.B.
Requested Action by Commission: Proclaim the month of May 2022 as Mental Health Awareness and
Trauma Informed Care Month. Proclamation to be received by Gerda Klein from the Boynton Beach Mental
Health Committee.
Explanation of Request:
Promoting mental health and wellness leads to higher overall productivity, better educational outcomes, lower
crime rates, stronger economies, lower health care costs, improved family life, improved quality of life and
increased lifespan. The City of Boynton Beach, recognizes the work of the Boynton Beach Mental
Health Committee impacting awareness and education, access to services and acceptance of the
importance of mental health and well-being to a person's overall success and supports the
implementation of trauma informed approaches throughout the systems of care.
How will this affect city programs or services?
Fiscal Impact:
Alternatives:
Strategic Plan:
Strategic Plan Application:
Climate Action Application:
Is this a grant?
Grant Amount:
Attachments:
Type
D C: iroclarr"natioirn
Description
f=1ro(.-,1arnatJon Mental II IleaUh Avva:nirnn:erness and
tiraurrna-n IInforirrna=d Care Month
Page 10 of 106
Proclamation
WHEREAS, mental health is essential to everyone's overall health and well-being, and everyone experiences times
of stress and struggles in their lives, and one in four adults and one in five youth ages 13-1S experiences serious
mental illness. 60 percent of adults and 50 percent of youth do not receive the treatment necessary for their mental
health needs due to limited or no knowledge of the need, barriers to care, or fear and shame, and;
WHEREAS, research recognizes that adverse childhood experiences (ACEs), which include, but are not limited
to physical, emotional and sexual abuse, physical and emotional neglect, household dysfunction, untreated mental
illness, or incarceration of a household member, domestic violence, micro -aggressions and separation or divorce
involving household members, are traumatic experiences that can have a profound effect on a child's developing
brain and body and can result in poor physical and mental health during childhood and adulthood, and;
WHEREAS, we acknowledge the impact of racial trauma on our community, which refers to the stressful effects
and emotional pain of one's direct and generational experience with racism and discrimination, and its negative
impact on physical, mental and socioemotional health across their lifespan, and:
WHEREAS, the importance of attending to mental health has become even more pronounced in the last 2 years
clue to COVID-19 and the resulting economic crises. Isolation, sickness, grief, job loss, food instability, and loss of
routines have increased the need for mental health services. The need to protect people from COVID-19 has made
it more challenging for people to access mental health services, and harder for providers to deliver this care, and;
WHEREAS, promoting mental health and wellness leads to higher overall productivity, better educational
outcomes, lower crime rates, stronger economies, lower health care costs, improved family life, improved duality of
life and increased lifespan, and
WHEREAS, the City of Boynton Beach, recognizes the work of the Boynton Beach Mental Health Committee
impacting awareness and education, access to services and acceptance of the importance of mental health and well-
being to a person's overall success and supports the implementation of trauma informed approaches throughout
the systems of care.
NOW THEREFORE, I, Ty Penserga, Mayor of the City of Boynton Beach, Florida, do hereby proclaim the month
of May of Two Thousand Twenty -Two as:
MENTAL HEALTH AWARENESS AND TRAUMA INFORMED CARE MONTH
IN WITNESS WHEREOF, I have hereunto set my hand and cause the Seal of the City of Boynton Beach, Florida,
to be affixed at Boynton Beach Florida, the 3rd day of May Two Thousand Twenty -Two.
Ty Penserga, Mayor
ATTEST:
Crystal Gibson, MMC City Clerk
3.C.
Requested Action by Commission:
Proclaim the month of May 2022 as National Historic Preservation Month. Proclamation to be received by
Barbara Ready, Chair of the Historic Resources Preservation Board.
Explanation of Request:
Each year in May, local preservation groups, state historical societies, and business and civic organization
across the country celebrate Preservation Month.
Preservation Month began as national Preservation Week in 1973, through endorsement of a resolution by
President Richard Nixon into law on May 5th. At the third annual award ceremony luncheon of the National
Trust for Historic Preservation, First Lady Patricia Nixon read the following Presidential proclamation:
"As the pace of changes accelerates in the world around us, Americans more than ever need a lively
awareness of our roots and origins in the past on which to base our sense of identity in the present and
our directions for the future."
The City's Historic Resources Preservation Board recently completed the task of establishing a marker (e.g.
plaque) program to properly label historic sites listed on the City's Historic Registry, and has began working
on a strategic work program to guide the ensure the proactive implementation of the City's Preservation
Program through establishment of goals, initiatives, schedules and identification of resources.
The draft work plan priorities involve staffing or alternative resources, updating and maintaining the Historic
Site Survey, consideration for the identification of historic districts, program promotion and education,
fundraising and budget allocation, and a paint -up, fix -up program for the maintenance of historic properties.
As for other current activities, there is one evaluation for historic designation underway for a 1924 single-
family home designed in a Mission architectural style. Also, staff is currently drafting amendments to the
City's preservation and Zoning Regulations intended to provide preservation incentives. Said draft
amendments are scheduled for Commission consideration in late May or June.
How will this affect city programs or services? N/A
Fiscal Impact: N/A
Alternatives: N/A
Strategic Plan:
Strategic Plan Application: N/A
Climate Action Application: N/A
Page 12 of 106
Is this a grant?
Grant Amount:
Attachments:
Type
D Piroclairnation
Description
Flim(.-larnation INatioirnal li Illisbirlic Flireseirvation
Molntl,�
Page 13 of 106
J)roelambtion
WHEREAS, historic preservation is an effective tool for promoting sustainable development, revitalizing
neighborhoods, fostering local pride, promoting tourism, and maintaining community character;
WHEREAS, it is important to acknowledge and celebrate the benefit of history, architecture, and archeology to
our lives and the contributions made by dedicated individuals in helping to preserve the tangible aspects of the
heritage that has shaped the City;
WHEREAS, historic preservation can be the center of community discussion; uniting residents behind an
important cause,-
WHEREAS,
ause;WHEREAS, the City of Boynton Beach conducted its first comprehensive survey of historic properties in 1996,
thereby laying the groundwork for recording historic properties with the State of Florida's Division of Historical
Resources data base, and ultimately establishing the Historic Preservation Program in 2011.
WHEREAS, with the establishment of a complete Historic Preservation Program the City of Boynton Beach in
2012 achieved Certified Local Government (CLG) status in accordance with requirements of the State of Florida's
Division of Historical Resources, Bureau of Historic Preservation; and
WHEREAS, the City of Boynton Beach continues to demonstrate its commitment to preservation, in part, with
the establishment and maintenance of a local registry of historic sites, establishment of heritage trails in the
downtown area as well as along Martin King Jr. Boulevard, and integration of historic elements into the Town
Square Redevelopment Project including the 1913 Boynton School and recently rehabilitated 1927 Boynton High
School.
NOW THEREFORE, I, Ty Penserga, Mayor of the City of Boynton Beach, Florida, do hereby proclaim the month
of May Two Thousand and Twenty -Two as:
National Historic Preservation Month
And call upon the people of Boynton Beach to join their fellow citizens across the United States in recognizing this
special observance and being aware of the historic assets within our Nation, and particularly our community.
IN WITNESS WHEREOF, I have hereunto set my hand and cause the Seal of the City of Boynton Beach, Florida,
to be affixed at Boynton Beach Florida, the 3rd day of May Two Thousand and Twenty -Two.
Ty Penserga, Mayor
ATTEST:
Crystal Gibson, City Clerk
3.D.
Announcements, Community and Special Events and Presentations
5/3/2022
City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 5/3/2022
Requested Action by Commission: Announcement by John Durgan, Economic Development Manager,
regarding Turn the Tables Career and Internship Expo on May 11, 2022.
Explanation of Request: The City has partnered with Path to College and CareerSource Palm Beach
County to host the Turn the Tables Career and Internship Expo on May 11th from 2:30pn�5:30pm at the Arts
and Cultural Center. The goal of this event is to connect high school students to both paid and unpaid
internships as well as other paid positions that provide opportunities for career growth.
How will this affect city programs or services? Staff will help market and coordinate the event.
Fiscal Impact: Support services are provided by the Marketing and Events Department and Recreation and
Parks.
Alternatives:
Strategic Plan: Building Wealth in the Community
Strategic Plan Application:
Climate Action Application:
Is this a grant?
Grant Amount:
Attachments:
Page 15 of 106
5.A.
Administrative
5/3/2022
Requested Action by Commission:
Consideration of a Special City Commission Meeting to accept staff ranking of applications to the Notice of
Funding Opportunities (NOFOs) for use of the City's American Rescue Plan Act (ARPA) funds and to award
funds based upon application eligibility and proposed programming. (Tabled from the March 15, 2022 City
Commission Meeting.)
Explanation of Request: The Special City Commission Meeting, scheduled for March 9, 2022, from 3:00
PM to 5:00 PM to accept staff ranking of applications to the Notice of Funding Opportunities
(NOFOs) for use of the City's American Rescue Plan Act (ARPA) funds and to award funds based
upon application eligibility and proposed programming was canceled due to lack of a quorum.
How will this affect city programs or services?
N/A
Fiscal Impact:
The City received $6,823,952.00 on May 19, 2021 and will receive the second distribution of $6,823,952.00
on May 19, 2022 for a cumulative total of $13,647,904.00.
Alternatives: Not schedule the Special Commission Meeting
Strategic Plan: Building Wealth in the Community
Strategic Plan Application: In 2020, the City of Boynton Beach partnered with FI U in undertaking the
Boynton Beach Equity Initiative. The initiative provides the analytical framework and recommended
action/policy items in five interconnected equity pillars - Economic Development, Education, Housing,
Criminal Justice and Safety, and Public Health. In conjunction, the internal city assessment examining
internal city practices ensures that the City has the structures and capacity to effectively implement policies
towards racial and social justice. In addition to the Housing and Economic Development strategies that are
currently in development, the City has established the foundation for the advancement of community-based
programs that will direct resources and efforts towards addressing the most pressing community challenges.
Based on the detailed analysis of conditions in the city and with the goal of ensuring that Boynton Beach
remains a city where all residents can prosper, in alignment with the city's strategic plan, the city is inviting
community partners to request funding for programs that will address community challenges.
Climate Action Application:
Is this a grant?
Page 16 of 106
Grant Amount:
Attachments:
Page 17 of 106
5.B.
Administrative
5/3/2022
City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 5/3/2022
Requested Action by Commission:
Appoint a City of Boynton Beach Elected Official to the local Affordable Housing Advisory Committee
(AHAC) pursuant to Florida Statute 420.9076 - State Housing Initiatives Partnership Program.
Explanation of Request:
The City of Boynton Beach receives an allocation of funds through the State Housing Initiatives Partnership
(SHI P) Program. Pursuant to Florida Statute 420.9072 which created the AHAC, effective October 1, 2020,
the local governing board of municipalities participating in the SHIP Program shall appoint one locally elected
official to its local AHAC. The locally elected official that is appointed to the local AHAC must attend biannual
regional workshops convened and administered under the Affordable Housing Catalyst Program as provided
in s. 420.531(2). In addition, the AHAC meets at least 3 times annually to review affordable housing incentives
set by the SHIP program in the following areas:
(a) The processing of approvals of development orders or permits for affordable housing projects is expedited
to a greater degree than other projects, as provided in s. 163.3177(6)(f)3.
(b) All allowable fee waivers provided for the development or construction of affordable housing.
(c) The allowance of flexibility in densities for affordable housing.
(d) The reservation of infrastructure capacity for housing for very -low-income persons, low-income persons,
and moderate -income persons.
(e) Affordable accessory residential units.
(f) The reduction of parking and setback requirements for affordable housing.
(g) The allowance of flexible lot configurations, including zero -lot -line configurations for affordable housing.
(h) The modification of street requirements for affordable housing.
(i) The establishment of a process by which a local government considers, before adoption, policies,
procedures, ordinances, regulations, or plan provisions that increase the cost of housing.
(j) The preparation of a printed inventory of locally owned public lands suitable for affordable housing.
(k) The support of development near transportation hubs and major employment centers and mixed-use
developments.
Currently, former City Commissioner Christina Romelus is serving as the representative and City
Commissioner Woodrow Hay is the alternate representative to this Committee.
How will this affect city programs or services?
If the locally elected official or a locally elected designee fails to attend three consecutive regional workshops,
Page 18 of 106
the corporation may withhold funds pending the person's attendance at the next regularly scheduled biannual
meeting.
F iscal I mpact:
Failure to appoint an elected official could affect the City's ability to receive SHI P funds.
Alternatives: None recommended
Strategic Plan: Building Wealth in the Community
Strategic Plan Application:
The State Housing Initiatives Partnership Program is created for the purpose of providing funds to counties
and eligible municipalities as an incentive for the creation of local housing partnerships, to expand production
of and preserve affordable housing, to further the housing element of the local government comprehensive
plan specific to affordable housing, and to increase housing -related employment.
Climate Action Application:
Is this a grant? Yes
Grant Amount: 518,869
Attachments:
Page 19 of 106
5.C.
Administrative
5/3/2022
Requested Action by Commission:
Appoint eligible members of the community to serve in vacant positions on City advisory boards.
Explanation of Request:
The attached list contains term openings and vacancies on the various advisory boards with the
designated Commission members having responsibility for the appointment to fill each term opening
and vacancy. At this time, there are no new applicants.
How will this affect city programs or services?
Appointments are necessary to keep city advisory boards full and operating as effectively as possible.
Fiscal Impact:
Alternatives:
Allow vacancies to remain unfilled
Strategic Plan: Building Wealth in the Community
Strategic Plan Application:
Climate Action Application:
Is this a grant?
Grant Amount:
Attachments:
Type Description
Attaclhiment AIpIpoiirtniieiiits and Applicants fell,. 05... 3...2022
Page 20 of 106
Appointments and Applicants for May 3, 2022
Building Board of Adjustments and Appeals
II Hay Reg 2 yr term to 3/24
III Turkin Alt 1 yr term to 3/23
IV Kelley Alt 1 yr term to 3/23
Applicants: None
Education and Youth Advisory Board
III Turkin Alternate 1 yr term to 3/23
IV Kelley Student 1 yr term to 3/23
Mayor Penserga Student 1 yr term to 3/23
Applicants: None
Historic Resources Preservation Board
II Hay
Reg
2 yr term to 3/24
III Turkin
Reg
2 yr term to 3/24
IV Kelley
Reg
2 yr term to 3/24
Mayor Penserga
Alt
1 yr term to 3/23
Applicants: None
Library Board
IV Kelley Reg 2 yr term to 3/24
Mayor Penserga Alt 1 yr term to 3/23
1 Cruz Alt 1 yr term to 3/23
Applicants: None
Planning & Development Board
I Cruz Alt 1 yr term to 3/23
Applicants: None
Recreation and Parks Board
II Hay Reg 1 yr term to 3/24
Applicants: None
Senior Advisory Board
I Cruz Reg 2 yr term to 3/24
II Hay Alt 1 yr term to 3/23
Page 21 of 106
Appointments and Applicants for May 3, 2022
III Turkin Alt 1 yr term to 3/23
Applicants: None
Page 22 of 106
6.A.
Consent Agenda
5/3/2022
Requested Action by Commission:
Accept the written report to the Commission for purchases over $10,000 for the month of March 2022.
Explanation of Request:
Per Ordinance No.01-66, Chapter 2, Section 2-56.1 Exceptions to competitive bidding, Paragraph b, which states:
Further, the City Manager, or in the City Manager's absence, the Acting City Manager is authorized to execute a
purchase order on behalf of the City for such purchases under the $35,000 bid threshold for personal property,
commodities, and services, or $100,000 for construction. The City Manager shall file a written report with the City
Commission at the second Commission meeting of each month listing the purchase orders approved by the City
Manager, or Acting City Manager. All backup documentation is available upon request. Below is a list of the purchases
for March 2022:
Purchase Order #
Vendor
Amount
221091
ER TECH SYSTEMS GROUP, INC dba BROADCAST SYSTEMS
$13,809.34
221092
STEP CG, LLC
$11,223.79
221108
DAVCO ELECTRICAL CONTRACTORS
$20,466.00
221109
GRAYBAR ELECTRIC COMPANY, INC
$29,999.98
221110
FERGUSON UNDERGROUND, INC
$14,852.20
221111
PACE ANALYTICAL SERVICES, INC
$17,472.00
221114
BLUEALLY TECHNOLOGY SOLUTIONS
$15,992.21
221131
DAVCO ELECTRICAL CONTRACTORS
$70,498.00
221140
KRONOS, INCORPORATED
$15,550.20
221153
STRYKER MEDICAL
$13,579.60
221154
FERGUSON UNDERGROUND, INC
$11,520.00
221155
CLEAN HARBORS ENVIRONMENTAL SERVICES
$39,420.04
221156
ARROYO PROCESS EQUIPMENT, INC
$34,995.00
221182
ALAN JAY CHEVROLET
$31,065.00
221189
TOIL, LLC
$19,400.00
221194
SHIBUMI COUNSULTING SERVICES, LLC
$25,000.00
221222
FERGUSON UNDERGROUND, INC
$31,218.00
221242
FORTILINE WATERWORKS
$13,945.00
221243
KI MLEY HORN & ASSOCIATES, INC
$34,715.00
How will this affect city programs or services? Ordinance No.01-66, Chapter 2, Section 2-56.1 assists
departments in timely procurement of commodities, services, and personal property. Administrative controls are in
place with the development of a special processing form titled "Request for Purchases over $10,000" and each
purchase request is reviewed and approved by the Department Director, Finance Department, and City Manager.
Fiscal Impact: This Ordinance provides the impact of reducing paperwork by streamlining processes within the
Thio oll—.o+- ;-+--i f-, +h.,o., - —ho— —4 .. ^ +h,-.
Page 23 of 106
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overhead of processing for approval, and allow for making more timely purchases.
Alternatives:
Strategic Plan:
Strategic Plan Application:
Climate Action Application:
Is this a grant?
Grant Amount:
Attachments:
Type
AttacIlniryieiret
Description
Mairchn ; 022... IF�'Urcha. es: Over $110,()0()
Page 24 of 106
CITY OF BOYNTON BEACH
0 APPROVED REQUESTS FOR PURCHASES OVER $10,000
FOR MARCH 2022
1. Vendor: ER TECH SYSTEMS GROUP, INC dba BROADCAST SYSTEMS Purchase Amount: $13,809.34
Requesting Department: ITS
Contact Person: CHARLES STEVENS, Jr.
Date: 3/2/2022
Brief Description of Purchase:
The Boynton Beach Woman's Club is in the process of being remodeled.
During this remodel the technology in the building will be improved. This
purchase requisition is to have Broadcast Systems install CAT6 network cables for the wireless access points and data jacks that will be installed in the
building.
Source for Purchase: Piggyback: GSA Contract - GS-07F-173GA
Fund Source: 302-4145-580.62-01 RP2203
2. Vendor: STEP CG, LLC
Purchase Amount: $11,223.79
Requesting Department: ITS
Contact Person: CHARLES STEVENS, Jr.
Date: 3/2/2022
Brief Description of Purchase:
The Boynton Beach Woman's Club is in the process of being remodeled.
During this remodel the technology in the building will be improved. This
purchase requisition is to purchase networking infrastructure and professional
services from STEPcg. This will provide secure, reliable, and efficient wired
and wireless communications to City network and Internet.
Source for Purchase: Piggyback: 43220000-NASPO- 1 9 -ACS
Fund Source: 302-4145-580.62-01 RP2203
NCPA # 01-97
3. Vendor: DAVCO ELECTRICAL CONTRACTORS
Purchase Amount: $20,466.00
Requesting Department: PUBLIC WORKS -FACILITIES
Contact Person: GAIL MOOTZ
Date: 3/4/2022
Brief Description of Purchase:
Remove and replace thirty-seven existing light fixtures with decorative LED
lights including new arms along Ocean Avenue from 1st to Federal Highway
Source for Purchase: 3 Quotes
Fund Source: 302-4905-580.63-07 TR2110
4. Vendor: GRAYBAR ELECTRIC COMPANY, INC
Purchase Amount: $29,999.98
Requesting Department: PUBLIC WORKS -FACILITIES
Contact Person: GAIL MOOTZ
Date: 3/4/2022
Brief Description of Purchase:
Materials and hardware for the installation of decorative LED lights along
Ocean Avenue from 1st to Federal Highway
Source for Purchase: Piggyback: City of Kansas Contract EV2370
Fund Source: 302-4905-580.63-07 TR2110
5. Vendor: FERGUSON UNDERGROUND, INC
Purchase Amount: $14,852.20
Requesting Department: WAREHOUSE
Contact Person: JEN PACIELLO
Brief Description of Purchase:
Warehouse stock for backflows (parts) for areas where reclaimed water is used for irrigation.
Source for Purchase: 3 Quotes
Fund Source: 403-5000-533.65-02 WT2103
6. Vendor: PACE ANALYTICAL SERVICES, INC
Purchase Amount: $17,472.00
Requesting Department: UTILITIES
Contact Person: BRYAN HELLER
Date: 3/4/2022
Brief Description of Purchase:
Lab tests for Membrane pilot project. Supplemental laboratory testing to complement the testing services already performed for monitoring and compliance
purposes related to the treatment of water and wastewater.
Source for Purchase: Piggyback: City of West Palm Beach
Fund Source: 403-5000-533.65-02 WT2102
Contract Number: 20600
Page 25 of 106
7.
Vendor: BLUEALLY TECHNOLOGY SOLUTIONS
Purchase Amount: $15,992.21
Requesting Department: ITS
Contact Person: CHARLES STEVENS
Date: 3/7/2022
Brief Description of Purchase:
The City's firewall at Fire Station #5 requires a hardware/software agreement to maintain th latest firmware and malware signature updates. This purchase
of SonicWall Advanced Gateway Security Suite Bundle will provide coverage for one (1) year.
Source for Purchase: 3 Quotes
Fund Source: 001-1510-513.46-91
8.
Vendor: DAVCO ELECTRICAL CONTRACTORS
Purchase Amount: $70,498.00
Requesting Department: PUBLIC WORKS
Contact Person: GAIL MOOTZ
Date: 3/11/2022
Brief Description of Purchase:
Emergency Purchase - February 10, 2022 the transformer that supplies the field
lighting at East Boynton Little League Complex had a failure and
stopped working. Temporary power was supplied by generator power, which was not a viable repair as it required staff to fill, service, and turn on and off.
Source for Purchase: Emergency Purchase
Fund Source: 303-4220-580.62-01 RP1902
9.
Vendor: KRONOS, INCORPORATED
Purchase Amount: $15,550.20
Requesting Department: ITS
Contact Person: JOHN MCNALLY
Date: 3/14/2022
Brief Description of Purchase:
ITS is deploying the Kronos 'Workforce Ready" system to automate employees time and attenance. Part of that system requires the use of hardware-based
timeclocks, which are to be installed at several City facilities. The initial purchase
included 15 timclocks for our City buildings. As the project matured, we
would determine where additional clocks were needed, and those would be procured/installed. This request is for four (4) additional timclocks is what has
been determined to meet the needs of this project.
Source for Purchase:
Fund Source: 303-4101-580.64.15 IT2101
10.
Vendor: STRYKER MEDICAL
Purchase Amount: $13,579.60
Requesting Department: FIRE
Contact Person: CHIEF PRINCE
Date: 3/17/2022
Brief Description of Purchase:
Annual maintenance for equipment warranty: five (5) Power Cots, four (4) Power -LOAD, and six (6) Stair Chair. Includes parts, labor, travel, 1 annual
preventative inspection, unscheduled service, and battery replacement.
Source for Purchase: Manufacturer Warranty
Fund Source: 001-2210-522.49-17
11.
Vendor: FERGUSON UNDERGROUND, INC
Purchase Amount: $11,520.00
Requesting Department: WAREHOUSE
Contact Person:
Date: 3/17/2022 JEN PACIELLO
Brief Description of Purchase:
Green sewer lids for warehouse stock, used for cleanout access.
Source for Purchase: 3 Quotes
Fund Source: 403-5000-535.65-04 SWR064
12.
Vendor: CLEAN HARBORS ENVIRONMENTAL SERVICES
Purchase Amount: $39,420.04
Requesting Department: UTILITIES
Contact Person: TREMAINE JOHNSON
Date: 3/17/2022
Brief Description of Purchase:
Environmental clean up and disposal from the 24-inch Sanitary Force Main sewer overflow emergency on November 18, 2021.
Source for Purchase: Confirming Order
Fund Source: 403-5000-535.65-04 SW 1801
Page 2
Page 26 of 106
13.
Vendor: ARROYO PROCESS EQUIPMENT, INC
Purchase Amount:
$34,995.00
Requesting Department: UTILITIES
Contact Person:
BRYAN HELLER
Date: 3/17/2022
Brief Description of Purchase:
New transmission for N. Lime softening treatment unit at the east water treatment plant.
Source for Purchase: 3 Quotes
Fund Source:
403-5000-533.65-02 WT2103
14.
Vendor: ALAN JAY CHEVROLET
Purchase Amount:
$31,065.00
Requesting Department: PUBLIC WORKS - FLEET
Contact Person:
BILL DARTY
Date: 3/22/2022
Brief Description of Purchase:
Vehicle replacement for Community Improvement, replacing vehicle 7901. Purchasing a 2022 Ford Escape
Source for Purchase: Piggyback: Sourcewell Contract# 060920
Fund Source:
501-2516-519.64-33
15.
Vendor: TOIL, LLC
Purchase Amount:
$19,400.00
Requesting Department: POLICE
Contact Person:
STEVEN BURDELSKI
Date: 3/24/2022
Brief Description of Purchase:
Annual SWAT Training. The four (4) days of training consist of 8 - 10 hours days where each of the SWAT Team Operators will receive specific
individualized training and scenarios.
Source for Purchase: Sole Source
Fund Source:
001-2110-521.54-30
16.
Vendor: SHIBUMI COUNSULTING SERVICES, LLC
Purchase Amount:
$25,000.00
Requesting Department: ITS
Contact Person:
MICHAEL BENNETT
Date: 3/24/2022
Brief Description of Purchase:
Support services on the Central Square 'Naviline' system, in preparation for the retirement of our current Programmer Analyst. Includes monthly invoicing on
processes as they are completed at a $125/hour rate, not to exceed $25,000.
Source for Purchase: Sole Source
Fund Source:
001-1510-513.46-91
17.
Vendor: FERGUSON UNDERGROUND, INC
Purchase Amount:
$31,218.00
Requesting Department: WAREHOUSE
Contact Person:
JEN PACIELLO
Date: 3/30/2022
Brief Description of Purchase:
Warehouse stock: Autoflusher permanent unit warm climate and sampling station for field and stock.
Source for Purchase: 3 Quotes
Fund Source:
401-2810-536.52-31
18.
Vendor: FORTILINE WATERWORKS
Purchase Amount:
$13,945.00
Requesting Department: WAREHOUSE
Contact Person:
JEN PACIELLO
Date: 3/31/2022
Brief Description of Purchase:
Warehouse stock: Ductile Iron and Blue C900 pipe for fire hydrant installs and repairs.
Source for Purchase: 3 Quotes
Fund Source:
401-2810-536.52-31
19.
Vendor: KIMLEY HORN & ASSOCIATES, INC
Purchase Amount:
$34,715.00
Requesting Department: PUBLIC WORKS -ENGINEERING
Contact Person:
PAOLA MENDOZA
Date: 3/31/2022
Brief Description of Purchase:
Provide assistance with the Rebuilding American Infrastructure with Sustainability and
Equity (RAISE) planning
grant for High Ridge Transit Oriented
Development (TOD)
Source for Purchase: Contract # 046-2821-17
Fund Source:
001-1211-512.49-17
Page 3
Page 27 of 106
Consent Agenda
5/3/2022
Requested Action by Commission: Proposed Resolution No. R22-062 - Approve and authorize the City
Manager to sign a hurricane commissary contract between The City of Boynton Beach and Catering
Solutions, LLC to provide food for City employees working in the aftermath of a hurricane. Expenditures not
to exceed $50,000.
Explanation of Request:
Contract Period - May 1, 2022 thru December 31, 2022
The commissary provides food for employees working in the aftermath of a hurricane in the event that
restaurants and supermarkets are closed or without power. The last time these services were needed was
during the 2005 hurricane season.
The City sent out an Request for Quotes (RFQ) to establish pricing for the Hurricane Commissary. The
inquiry did not receive any responses. There were questions asked, an addendum was issued to address the
questions and the deadline was extended to allow additional time to submit a response.
The contract signed last year with Catering Solutions allows for an extension/ renewal for an additional year as
long as both parties agree on the terms.
It is recommended to renew the contract with Catering Solutions. They have provided updated pricing for the
additional year.
How will this affect city programs or services? The purpose of this contract is to secure a source to
provide food to employees in the event that they are called in to work in the aftermath of a hurricane.
Fiscal Impact:
Budgeted. Costs will be incurred based on number of meals provided and the price sheet attached.
Alternatives:
Strategic Plan:
Strategic Plan Application:
Climate Action Application:
Is this a grant?
Page 28 of 106
Grant Amount:
Attachments:
Type
D Resolution
D Contract
Description
FResolubloin appirmAing I kAirricane Commissary
Contract
Cointira(.�;t
Page 29 of 106
1 RESOLUTION NO. R22-
2
3
4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
5 APPROVING THE AWARD AND AUTHORIZING THE INTERIM CITY
6 MANAGER TO SIGN A HURRICANE COMMISSARY CONTRACT
7 BETWEEN THE CITY OF BOYNTON BEACH AND CATERING
8 SOLUTIONS LLC TO PROVIDE FOOD FOR CITY EMPLOYEES IN
9 THE EVENT OF A HURRICANE IN AN AMOUNT NOT TO EXCEED
10 $50,000.00; AND PROVIDING AN EFFECTIVE DATE.
11
12
13 WHEREAS, the City sent out an RFQ (Request for Quote) via Bids and Tenders to
14 establish pricing for the Hurricane Commissary which did not receive any responses; and
15 WHEREAS, the contract signed last year with Catering Solutions does allow for an
16 extension/renewal for this year as long as both parties agree on the terms; and
17 WHEREAS, it is recommended to renew the contract with Catering Solutions with
18 updated pricing; and
19 WHEREAS, the City Commission of the City of Boynton Beach, Florida deems it to be
20 in the best interests of the citizens and residents of the City of Boynton to approve the award and
21 authorize the Interim City Manager to sign a Hurricane Commissary Contract between The City
22 of Boynton Beach and Catering Solutions LLC to provide food for city employees in the event
23 of a hurricane in an amount not to exceed $50,000.00.
24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
25 CITY OF BOYNTON BEACH, FLORIDA, THAT:
26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
27 being true and correct and are hereby made a specific part of this Resolution upon adoption
28 hereof.
29 Section 2. The City Commission hereby approves the award and authorizes the
30 Interim City Manager to sign a Hurricane Commissary Contract between The City of Boynton
S:ACA\RESO\Agreements\Hurricane Commissary Contract With Catering Solutions (2022) - Reso.Docx
Page 30 of 106
31 Beach and Catering Solutions LLC to provide food for city employees in the event of a hurricane
32 in an amount not to exceed $50,000.00. A copy of the contract is attached hereto and
33 incorporated herein as Exhibit "A."
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Section 3. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this 3rd day of May, 2022.
CITY OF BOYNTON BEACH, FLORIDA
Mayor — Ty Penserga
Vice Mayor — Angela Cruz
Commissioner — Woodrow L. Hay
Commissioner — Thomas Turkin
Commissioner — Aimee Kelley
VOTE
ATTEST:
Crystal Gibson, MMC
City Clerk
(Corporate Seal)
S:ACA\RESO\Agreements\Hurricane Commissary Contract With Catering Solutions (2022) - Reso.Docx
YES NO
Page 31 of 106
FOOD CATERING SERVICES AGREEMENT
THIS FOOD CATERING SERVICES AGREEMENT ("Agreement"), made and entered
into this day of , 2022, by and between:
CITY OF BOYNTON BEACH, a Florida municipal corporation
of Florida, having the principal address of 100 East Ocean Ave,
Boynton Beach, Florida 33435 ("City"),
and
CATERING SOLUTIONS LLC, having the principal business
and corporate address of, 1714 S. Dixie Hwy, Lake Worth, FL.
33414. ("Vendor"). The Vendor and City may be collectively
referred to herein as the "Parties".
WITNESSETH:
WHEREAS, the City desires to enter into this Agreement with Vendor in order to insure
that City employees are provided with meals in the event a hurricane impacts the City of
Boynton Beach; and
WHEREAS, the City has determined that it can best provide services to its citizens and
residents following a hurricane if it can insure its employees that they can receive meals on a
daily basis; and
WHEREAS, the Vendor desires to provide meals to the City employees pursuant to the
terms of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
expressed, and of the faithful performance of all such covenants and agreements, the Parties
agree as follows:
1.0 Catering Services. The Vendor agrees to provide food catering services to City
employees, subject to the terms and conditions of this Agreement, following a hurricane
that impacts the City.
2.0 Term. The Term of this Agreement shall be from May 1, 2022 until December
31, 2022. The term of Agreement may be extended by written amendment or agreement
signed by both Parties.
3.0 Vendor's Obligations and Responsibilities.
3.1 Vendor shall provide the following services:
{00439733.1 306-9001821}
3. 1.1 Vendor shall provide meals to City employees pursuant to the
schedule and pricing contained in Exhibit "A", which is attached hereto
Page 32 of 106
and incorporated herein by reference.
3.1.2 Employees coming off the night shift will be able to eat lunch
during the breakfast sitting.
3.1.3 Vendor shall provide the City with telephone numbers for the
Vendor's representatives so that the City may communicate with the
Vendor prior to, during, and after the hurricane.
3.1.4 Vendor shall take all necessary steps to insure that a sufficient
quantity of meals are promptly made available to the City employees once
Vendor receives a request from the City to provide the meals pursuant to
this Agreement.
3.1.5 Vendor must provide sufficient food to serve once it receives the
request from the City.
4.0 City's Obligations and Responsibilities.
4.1 City of Boynton Beach shall have the following responsibilities and
obligations pursuant to this Agreement:
{00439733.1 306-90018211 2
4.1.1 To contact the vendor once a hurricane warning is issued, and the
City determines that the food catering services will be necessary.
4.1.2 Once an "all clear" is issued, it will be the responsibility of the
City to set up the tables and chairs in the area where the food
catering services will be provided.
4.1.3 To notify the vendor the number of meals that will be needed for
the first day. The City will continue to update the vendor on the
quantity of meals needed each day.
4.1.4 Pay the Vendor based on the number of meals ordered by the City.
4.1.5 Provide the Vendor with the telephone numbers for the City's
representatives and any alternate representatives.
4.1.6 Assign City employees to the designated location to provide
assistance for set-up and clean up of the area where the food
services will be provided.
4.1.7 If there is not power, the City will provide a backup 5550
generator.
Page 33 of 106
5.0. Indemnification. Vendor agrees to conduct its activities and the activities of its
agents, employees, and subcontractors, so as not to endanger any person, and to
indemnify and hold harmless the City, its officers, agents and employees from and
against all claims, suits, actions, damages, liabilities, expenditures or causes of action of
any kind arising out of or in any way connected to the activity or inactivity of Vendor, its
agents, employees, or subcontractors, and resulting or occurring from any negligent act,
omission or error of Vendor, its agents, employees, or subcontractors, resulting in or
relating to injuries to body, life, limb or property sustained as a result of activities
associated with this Agreement, or arising out of the use of said premises by Vendor, its
agents, employees, or subcontractors. City shall not be responsible for any property
damage or bodily injury sustained by Vendor, its employees, agents, or subcontractors for
any cause whatsoever, prior, during, or subsequent to the period of time during which this
Agreement is in effect.
6.0. Insurance. Please see Exhibit `B", attached hereto and by this reference made a
part hereof.
7.0. Compliance with Laws. Vendor shall comply with all laws of the United States,
and of the State of Florida, all ordinances of the City of Boynton Beach, all rules and
requirements of the Police, Fire Departments, or other municipal authorities of the City of
Boynton Beach, and any other applicable local laws, ordinances and regulations and will
obtain and pay for all necessary permits and licenses, and will not do, nor suffer to be
done, anything on said premises during the terms of this Agreement in violation of any
such laws, ordinances, rules or requirements, and if the attention of said Vendor is called
to any such violation on the part of the said Vendor, or any person employed by or
admitted to the said premises by said Vendor, such Vendor will immediately desist from
and correct the violation.
8.0. Non-discrimination. Vendor shall not discriminate in the delivery of services
under this Agreement against any person because of race, creed, color, religion, sexual
preference or national origin.
9.0. Non-exclusive Agreement. This Agreement is non-exclusive.
10.0. Independent Contractor. This Agreement shall not be construed as creating any
joint employment or employer-employee relationship between Vendor and City. Vendor
and City agree that Vendor is an independent contractor under this Agreement. Neither
Vendor nor any employee of the Vendor shall be entitled to any benefits accorded city
employees by virtue of the provision of services under this Agreement. The City shall
not be responsible for withholding or otherwise deducting federal income tax or social
security or for contributing to the state industrial insurance program.
11.0. Termination of Agreement.
11.1 City may terminate this agreement by providing written notice to Vendor, at
any time for any reason whatsoever, including convenience, discourteous actions or
behavior towards patrons, poor quality vending or consumables, failure to cooperate
{00439733.1 306-90018211 3
Page 34 of 106
with City staff, actions bringing discredit to the City, the Vendor being involved in an
illegal activity, or a breach of any provision of this Agreement.
11.2 The cancellation or termination of this Agreement shall not relieve Vendor
of any liabilities or obligations hereunder which shall have accrued prior to the
effective date of cancellation or termination.
12.0. Assignment of Agreement; Amendment. Vendor shall not assign, transfer, or
otherwise encumber this Agreement, or any part thereof, in any manner without the prior
written consent of the City endorsed hereon. It is further agreed that no modification,
amendment, or alteration in the terms and conditions contained herein shall be effective
unless contained in a written document executed with the same formality and of equal
dignity herewith.
13.0. Other Business. Vendor shall not undertake or participate in any business, exhibit
or activity on the Event site other than herein specified. The activities described herein
shall not be presented by any name or description other than that hereinabove designated,
nor shall Vendor use any name other than that stated in this Agreement in the
performance of its activities without the prior written consent of City.
14.0. Extent of Agreement. That all terms and conditions of this written Agreement
shall be binding upon the Parties, their heirs or representatives, and assigns, and cannot
be varied or waived by any oral representations or promise of any agent or other person
of the Parties hereto, unless the same be in writing and mutually signed by the duly
authorized agent or agents who execute this Agreement.
15.0. Waiver. Failure of the City to insist upon strict performance of any covenant or
condition or this Agreement, or to execute any right herein contained, shall not be
construed as a waiver or relinquishment for the failure of such covenant, condition, or
right, but the same shall remain in full force and effect.
16.0. Governing Law; Venue. This agreement shall be governed by the laws of the
State of Florida with venue for purposes of any litigation lying in Palm Beach County,
Florida.
17.0. Severability. If any provision of this Agreement or application thereof to any
person or situation shall to any extent, be held invalid or unenforceable, the remainder of
the Agreement, and the application of such provisions to persons or situations other than
those as to which it shall have been held invalid or unenforceable shall not be affected
thereby, and shall continue in full force and effect, and shall be enforced to the fullest
extent permitted by law.
18.0 Public Records. The City is public agency subject to Chapter 119, Florida
Statutes. The Vendor shall comply with Florida's Public Records Law. Specifically, the
Vendor shall:
{00439733.1 306-90018211 4
Page 35 of 106
18.1 Keep and maintain public records required by the CITY to perform the
service;
18.2 Upon request from the CITY's custodian of public records, provide the
CITY with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided in
chapter 119, Fla. Stat. or as otherwise provided by law;
18.3 Ensure that public records that are exempt or that are confidential and
exempt from public record disclosure requirements are not disclosed except as
authorized by law for the duration of the contract term and, following completion
of the contract, Vendor shall destroy all copies of such confidential and exempt
records remaining in its possession once the Vendor transfers the records in its
possession to the CITY; and
18.4 Upon completion of the contract, Vendor shall transfer to the CITY, at no
cost to the CITY, all public records in Vendor's possession All records stored
electronically by Vendor must be provided to the CITY, upon request from the
CITY's custodian of public records, in a format that is compatible with the
information technology systems of the CITY.
18.5 The failure of Vendor to comply with the provisions set forth in the
Agreement shall constitute a Default and Breach of the Agreement, for which, the
City may terminate the Agreement.
IF VENDOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
COMPANY'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THE AGREEMENT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT:
CRYSTAL GIBSON, CITY CLERK
PO BOX 310, BOYNTON BEACH, FLORIDA, 33425
561-742-6061
GIBSONC@BBFL.US
19.0 Scrutinized Companies. By execution of this Agreement, Vendor certifies that
Vendor is not participating in a boycott of Israel. Vendor further certifies that Vendor is
not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized
Companies with Activities in Sudan List, and not on the Scrutinized Companies with
Activities in the Iran Petroleum Energy Sector List, or has Vendor been engaged in
business operations in Syria. Subject to limited exceptions provided in state law, the City
will not contract for the provision of goods or services with any scrutinized company
referred to above. Submitting a false certification shall be deemed a material breach of
contract. The City shall provide notice, in writing, to Vendor of the City's determination
{00439733.1 306-90018211 5
Page 36 of 106
concerning the false certification. Vendor shall have five (5) days from receipt of notice
to refute the false certification allegation. If such false certification is discovered during
the active contract term, Vendor shall have ninety (90) days following receipt of the
notice to respond in writing and demonstrate that the determination of false certification
was made in error. If Vendor does not demonstrate that the City's determination of false
certification was made in error then the City shall have the right to terminate the contract
and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from
time to time.
20.0 E -Verify. Vendor certifies that it is aware of and complies with the requirements of
Section 448.095, Florida Statues, as may be amended from time to time and briefly
described herein below.
20.1 Definitions for this Section.
20.1.1 "Contractor" means a person or entity that has entered or is
attempting to enter into a contract with a public employer to provide
labor, supplies, or services to such employer in exchange for salary,
wages, or other remuneration. "Contractor" includes, but is not
limited to, a vendor or consultant.
20.1.2 "Subcontractor" means a person or entity that provides labor,
supplies, or services to or for a contractor or another subcontractor in
exchange for salary, wages, or other remuneration.
20.1.3 "E -Verify system" means an Internet -based system operated by the
United States Department of Homeland Security that allows
participating employers to electronically verify the employment
eligibility of newly hired employees.
20.2 Registration Requirement; Termination. Pursuant to Section 448.095, Florida
Statutes, effective January 1, 2021, Contractors, shall register with and use the E -
verify system in order to verify the work authorization status of all newly hired
employees. Contractor shall register for and utilize the U.S. Department of
Homeland Security's E -Verify System to verify the employment eligibility of -
20.2.1
£
{00439733.1 306-90018211 6
20.2.1 All persons employed by a Contractor to perform employment duties
within Florida during the term of the contract;
20.2.2 All persons (including subvendors/subconsultants/subcontractors)
assigned by Contractor to perform work pursuant to the contract with
the City of Boynton Beach. The Contractor acknowledges and agrees
that registration and use of the U.S. Department of Homeland
Security's E -Verify System during the term of the contract is a
condition of the contract with the City of Boynton Beach; and
Page 37 of 106
20.2.3 The Contractor shall comply with the provisions of Section 448.095,
Fla. Stat., "Employment Eligibility," as amended from time to time.
This includes, but is not limited to registration and utilization of the
E -Verify System to verify the work authorization status of all newly
hired employees. Contractor shall also require all subcontractors to
provide an affidavit attesting that the subcontractor does not employ,
contract with, or subcontract with, an unauthorized alien. The
Contractor shall maintain a copy of such affidavit for the duration of
the contract. Failure to comply will lead to termination of this
Contract, or if a subcontractor knowingly violates the statute, the
subcontract must be terminated immediately. Any challenge to
termination under this provision must be filed in the Circuit Court no
later than twenty (20) calendar days after the date of termination.
Termination of this Contract under this Section is not a breach of
contract and may not be considered as such. If this contract is
terminated for a violation of the statute by the Contractor, the
Contractor may not be awarded a public contract for a period of one
(1) year after the date of termination.
SIGNATURE PAGE FOLLOWS
{00439733.1 306-90018211 /
Page 38 of 106
IN WITNESS OF THE FOREGOING, the Parties have set their hands and seals the day
and year first above written.
ATTEST:
Crystal Gibson, City Clerk
Approved as to form:
M
Office of the City Attorney
CITY OF BOYNTON BEACH
C
City Manager
Signed, Sealed, and delivered CATERING SOLUTIONS, LLC
In the presence of (WITNESS):
ATTEST:
Secretary
{00439733.1 306-9001821♦ 8
By:
Print Name:
Title:
(CORPORATE SEAL)
Page 39 of 106
EXHIBIT "A"
1. Menu
• Please state your menu below. Please ensure the meals will be served as to not serve the same
meal in consecutive days. The number of people served varies from 30 to 250 per meal per day.
Continental Breakfast
Cold Lunch
Cold Dinner
Everything Included
Choice of One
Choice of One
Fresh Fruit
Trays of Assorted Sandwiches
Sandwich or Wrap w/Side &
Chips
Baked Muffins
Trays of Assorted Wraps
Grilled Chicken Caesar Salad
Mini -Bagels
Trays of Assorted Salad
Tuna, Egg, Chicken Salad
Danish
Hot Dos
Chef Salad
Boxed Breakfast
Boxed Lunch
Boxed Dinner
Choice of One
Choice of One
Choice of One
Ham, Egg, Cheese Croissant
Sandwich or Wrap w/Side &
Chips
pulled Pork Sandwich
Bacon, Egg, Cheese Bagel
Grilled Chicken Caesar Salad
Grilled Chicken Caesar Salad
Western Omelet Sandwich
Tuna, Egg, Chicken Salad
Mediterranean Salad
Greek Pasta Salad
Chef Salad
$2.95
Hot Breakfast
Hot Lunch
Hot Dinner
Choice of One
Choice of One
Choice of One
Danish, Muffin, Mini Bagels
Meatloaf, Gravy, Potato, Peas
Chicken Marsala w/ Pasta
Served With
Taco Bar, Rice, Corn Muffins
Chicken Francais w/Potato
Scrambled Eggs & Breakfast
Potatoes
Chicken Tetrazzini
Ham & Vegetable w/Sweet Potato
Bacon, Sausage, or Ham
Hot Dos
Pot Roast
Pulled Pork Sandwiches
Baked Ziti & Meatballs
2. Please state the pricing per meal.
• Breakfast
Hot
Cold
Boxed
$8.95
$7.95
$7.95
• Lunch
Hot
Cold
Boxed
$10.95
$9.95
$9.95
• Dinner
Hot
Cold
Boxed
$12.95
$11.95
$11.95
• Beverages
Bottled Water
Milk(8oz)
$2.00
$2.95
Sports Drink (169oz) Soda (12oz) Coffee Service
$3.75 $2.50 $550.00
3. Hours: Breakfast lam to 9am; Lunch 12pm to 2pm; Dinner 6pm to Bpm and then l Opm to 12am.
{00439733.] 306-90018211 9
Page 40 of 106
Exhibit B
INSURANCE
1. It shall be the responsibility of Vendor to maintain workers' compensation insurance,
property damage, liability insurance and vehicular liability insurance during the duration
of this contract.
2. The Vendor shall secure and maintain in force, throughout the duration of this contract,
comprehensive general and automobile liability insurance with a minimum coverage of
$1,000,000 per occurrence; $1,000,000 aggregate for general liability; $1,000,000 for
products completed operation aggregate; $1,000,000 personal and advertising injury; and,
professional liability insurance in the amount of $1,000,000 (all professional contract
services).
3. Said general liability policy shall name the City of Boynton Beach as an additional
insured and shall include a provision prohibiting cancellation of said policy except upon
thirty (30) days prior written notice to the City.
4. The Vendor shall secure and maintain in force throughout the duration of this contract
workers' compensation insurance to statutory limits, which are delineated at $1,000,000
for each accident, the disease policy limit, disease each employee respectively.
5. The Vendor shall furnish the City with a certificate of insurance after award has been
made prior to the start of any work for the City. Said insurance companies must be
authorized to do business in the State of Florida and the City will not accept any company
that has a rating less than B+ in accordance with A.M. Best's Key Rating Guide, latest
edition.
6. Reference Insurance Advisory Form (Attachment A) for additional types of insurance
and limits required. The City reserves the right to require additional types of insurance,
or to raise or lower the stated limits, based upon identified risk.
{00439733.1 306-9001821} 10
Page 41 of 106
Attachment A
City of Boynton Beach
Risk Management Department
I NUN! WICID N ".. DIVA 0111114'8 a[$] .1051
Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages
listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing
the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages
noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of `B+" or
higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided
upon selection of vendor) The following is a list of types of insurance required of contractors, lessees, etc., and the
limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require
additional types of insurance, or to raise or lower the stated limits, based upon identified risk.)
TYPE (Occurrence Based Only)
General Liability
Commercial General Liability
Owners & Contractor's Protective (OCP)
Asbestos Abatement
Lead Abatement
Broad Form Vendors
Premises Operations
Underground Explosion & Collapse
Products Completed Operations
Contractual
Independent Contractors
Fire Legal Liability
Professional Liability
Automobile Liability
Any Auto
All Owned Autos
Hired Autos
Non -Owned Autos
Excess Liability
Umbrella Form
Worker's Compensation Statutory Limits
Employer's Liability
Property:
Homeowners Revocable Permit
Builder's Risk
Installation Floater
Other - As Risk Identified to be determined
INSURANCEADVISORYFORM Revised 04/2021
{00439733.1 306-90018211 11
MINIMUM LIMITS REQUIRED
General Aggregate
$ 1,000,000.00
Products-Comp/Op Agg.
$ 1,000,000.00
Personal & Adv. Injury
$ 1,000,000.00
Each Occurrence
$ 1,000,000.00
Fire Damage (any one fire)
$ 50,000.00
Med. Expense (any one person)
$ 5,000.00
Aggregate - $1,000,000.00
Combined Single Limit $ 1,000,000.00
Each Occurrence to be determined
Aggregate to be determined
Each Accident $ 1,000,000.00
Disease, Policy Limit $ 1,000,000.00
Disease Each Employee $ 1,000,000.00
$ 300,000.00
Limits based on Project Cost
Limits based on Project Cost
Page 42 of 106
6.C.
Consent Agenda
5/3/2022
Requested Action by Commission: Approve the purchase of parts and equipment with South Florida
Emergency Vehicles as a Sole Source vendor for maintenance and repair of Sutphen Fire trucks and
ambulances. The estimated annual expenditure is $75,000.
Explanation of Request:
South Florida Emergency Vehicles is the sole provider of parts for Sutphen Fire trucks and ambulances. The
City currently has eight Sutphen (vehicle numbers 886,884,809,885,807,883,808 and 882).
The ability to acquire parts and administer repair in a timely manner for fire vehicles is imperative for public
safety. With the increase in expenditure, this will ensure maintenance of the Fire Rescue's fleet.
This request will be for the period of October 1, 2021 to September 30, 2022. If necessary, this will be a
yearly request which will be presented to Commission for approval.
How will this affect city programs or services? Ensure continuity of fire services by keeping the fleet in
good repair.
Fiscal Impact:
Funds are budgeted and available for account 501-5000-590-0985 for the estimated amount of $75,000.
FY 19/20 expenditures were $47,820.30
FY 20/21 expenditures were $28,852.35
FY 21/22 expenditures to date are $35,689.77
Alternatives: To not approve and utilize another vehicle manufacturer for trucks and ambulances.
Strategic Plan:
Strategic Plan Application:
Climate Action Application:
Is this a grant?
Grant Amount:
Attachments:
Page 43 of 106
Ty pe
Adderd,.jirn
Addemnd,.jirn
Description
Sole Source I elteir
EmarnpleIC: airls Oirdem-ed
Page 44 of 106
SUTPHEN"
FAMI����������SINCE 1890
January m 2022
City of BoyntonBeach
Financial Services Dept.
ROBox 31O
Boynton Beach, FL33425-U3lO
RE: Factory Authorized Parts and Service in Florida
Dear City of Boynton Beach,
This letter is to advise you that South Florida Emergency Vehicles is the only authorized
distribution source for providing authentic replacement parts and performing warranty work
onyour Sutphen Fire Trucks for the state ofFlorida.
Furthermore, South Florida Emergency Vehicles has the only factory trained technicians
qualified to carry out service repairs to ensure warranties remain intact.
If you have any questions or concerns, please let me know.
Best Regards,
Justin Howell
Senior Sales Territory Manager (Southeast territory)
Sutphen Corporation
I`(]Box 150 m Anulln, OH 43002-01.58
6450 fIiteroaan Road e Dublin, 0II43016-8711
Tel 8l4889 -l005 * Toll Free 800 048-5860 w Fax 8l4089-0074
ww/w.sotpliexx.commmSmitphen@mmtphmncorp.cwmm
Page 45 of 106
Examples of parts purchased for 886
423.00 RELIEF VALVE
788.93 KUSSMAUL 120V AIR COMPRESSOR
38.94 RAISE BUTTON
28.85 LOWER BUTTON
24.51 FUEL DOOR GASKET
200.00 SIREN BRAKE SOLENIOD
24.29 HYD FILTER
113.44 LADDER HYD FILTER
99.38 FILTER ELEMENT
182.64 PRESSURE GAUGES (2)
14.18 DECAL DANGER
124.40 MIV SWITCH KIT
119.81 YELLOW RELAESE HANDLE 809
110.10 HOOD LATCHES
694.00 AIR BAGS (2)
1982.75 REAR SPOT LIGHT FOR LADDER
170.00 CLUTCH KIT
65.25 SPANNER HOLDER
336.29 MOTOR
38.94 RAISE BUTTON
674.96 SEAT BELT ASSYMS (2)
14.00 NOZZLE ACTUATOR 0 RINGS
1852.04 INTAKE VALVE MOTOR
43.59 FUEL SENDING UNIT
36.08 LIFT SUPORTS
371.09 INTERCOM IC100
Page 46 of 106
�W
Consent Agenda
5/3/2022
Requested Action by Commission: Proposed Resolution R22-063 - Approve Application and Resolution
for Assistance 2022, Under The Florida Inland Navigation District Waterways Assistance Grant Program.
Explanation of Request: The City of Boynton Beach is requesting $50,000 in matching grant funds through
the Florida I nland Navigation District's Assistance to Waterways Grant for the design of a new dock with boat
lifts at the north end of Harvey Oyer Park for use by both the Fire Rescue and Police Departments. Matching
funds are budgeted through the City's Cl P funds.
How will this affect city programs or services?
The new dock and lifts will allow for safe, secure boat storage and reduced emergency response times on the
Intracoastal Waterway and the Boynton Beach Inlet, which has been identified as one of the most dangerous
ocean inlets in the State of Florida.
Fiscal Impact: This is a 50% matching grant, budgeted for in the City's Capital Improvement Program. The
design cost is $100,000 and the City's 50% cost share amount is $50,000.
Alternatives: Not apply for the matching grant.
Strategic Plan: High Performing Organization, Public Health and Safety , Environmental Sustainability
Strategic Plan Application:
The dock and boat lifts increases safety to residents and visitors in Boynton Beach and improves
the safety of crews responding to water related incidents.
This project has been coordinated with the City's Sustainability Office to ensure the use of environmentally
friendly materials in construction.
Climate Action Application: N/A
Is this a grant? Yes
Grant Amount: $50,000.00
Attachments:
Page 47 of 106
Ty pe
Resolution
C.",iraint Application
Othe,ir
Description
F::I linlaind INaviigaboin II..Iistir1ict Resoluboin
Giraint Application
Attoirinely Certification of I and Owneirs[lip
Page 48 of 106
F-11 a/-[+NR17114ZIMA
RESOLUTION FOR ASSISTANCE 2022
UNDER THE FLORIDA INLAND NAVIGATION DISTRICT
WATERWAYS ASSISTANCE PROGRAM
WHEREAS, THE City of Boynton Beach is interested in carrying out the
(Name of Agency)
following described project for the enjoyment of the citizenry of
and the State of Florida:
Boynton Beach
Project Title Boynton Beach Boating Safety Project - Phase 1
Total Estimated Cost S 100,000.00
Brief Description of Project:
The Boynton Beach Safety Project seeks to install a private dock and boat lifts
at Harvey Oyer Park to bolster their safety and marine rescue efforts.
AND, Florida Inland Navigation District financial assistance is required for the program
mentioned above,
NOW THEREFORE, be it resolved by the City of Boynton Beach
(Name of Agency)
that the project described above be authorized,
AND, be it further resolved that said City of Boynton Beach
(Name of Agency)
make application to the Florida Inland Navigation District in the amount of 50 % of the
actual cost of the project in behalf of said City of Boynton Beach
(Name (?f Agency)
AND, be it further resolved by the City of Boynton Beach
(Name of Agency)
that it certifies to the following:
That it will accept the terms and conditions set forth in FIND Rule 6613-2
F.A.C. and which will be a part of the Project Agreement for any assistance awarded under
the attached proposal.
2. That it is in complete accord with the attached proposal and that it will carry out
the Program in the manner described in the proposal and any plans and specifications attached
thereto unless prior approval for any change has been received from the District.
(1)
Form No. 90-21 (Effective date 12-17-90, Rev. 10-14-92)
Page 49 of 106
3. That it has the ability and intention to finance its share of the cost of the project
and that the project will be operated and maintained at the expense of said
City of Boynton Beach
(Name of Agency)
for public use.
4. That it will not discriminate against any person on the basis of race, color or
national origin in the use of any property or facility acquired or developed pursuant to this
proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of
1964, P. L. 88-352 (1964) and design and construct all facilities to comply fully with statutes
relating to accessibility by persons with disabilities as well as other federal, state and local
laws, rules and requirements.
5. That it will maintain adequate financial records on the proposed project to
substantiate claims for reimbursement.
6. That it will make available to FIND if requested, a post -audit of expenses
incurred on the project prior to, or in conjunction with, request for the final 10% of the
funding agreed to by FIND.
This is to certify that the foregoing is a true and correct copy of a resolution duly and
legally adopted by the City Commission
held on this
day of
(agency governing board)
20
at a legal meeting
Attest Signature
Title Title
(2)
Form No. 90-21 (Effective date 12-17-90, Rev. 10-14-92)
Page 50 of 106
ATTORNEYS CERTIFICATION OF TITLE 2022
(See Rule 66B-2.006(4) & 2.008(2) FAC)
OFFICE OF THE (City or County) ATTORNEY
(Address)
2022
TO WHOM IT MAY CONCERN:
I (Name) , am the Attorney for the (City or county) , Florida. I hereby
state that I have examined a copy of a (deed, lease, management agreement, etc.)
from to the (City or county) dated conveying
(type of interest, ie. Fee simple, easement, 30 year
lease, etc) in the following described property:
(Brief Legal Description of Property)
I have also examined a document showing that this property is listed on the tax
rolls as belonging to the (City or county) . Finally, I have also examined such
documents and records as necessary for this certification.
This property is what is now called "
(Name ofProperty as Referenced in the WAP application) "
I certify that the (City or county) does in fact (own, lease, etc.) this property
for years.
Very truly yours,
(Name)
(City or County) Attorney
FIND Form No. 94-26 (effective date 5-25-00)
Page 51 of 106
'J J 1 / � II ���� a
Navigation
District
4WT1 L'
WATERWAYS I S i1*14CE PROGRAM
APPLICATION PACKAGE
IIPart, 2. r rrt II'll
The fallowing attachment E-1 through E-8, in addition to
the requirements of items 10 through 13 of the
application checklist, constitute your formal application.
SUBMIT THE APPLICATION INFORMATION I
THE ORDER LISTED ON THE CHECKLIST.
�P),l
�� �cafivuns must t II��� ire life I,Che District by O30 on March 00, 0000.
�������� ����� kl �0 I��� ISI
�wMwm
Electronic copy ipdt} via email: Completed hardcopy visa Mail:
JTimmerman4aicw.org 011 FIND, 1314 Marcinski Rd.,
Jupiter, FL 33477
@� ISI" Ii tip r 1 ri° iii s be recelved by flh°iie deadlfiiie, ilio exce;)�IIiaijs.
Page 53 of 106
11
Attaclillnwlit AppLiIcaild "I'lps Sivee
(Mistakes Common to the application process and how to avoid them)
The new application is available by January each year, and District funding is available AFTER October I st
of each year. Applicants should plan their schedule to avoid commonly missed deadlines: Application due
- 28th of March; Property conirol/Technical sufficiency items - 116th of May, Permits -19th of September.
(Staff suggestion: Begin to secure property control and permits PRIOR to applying for funding.)
PF101)IIIwFtl Y CON"I"RV
Please have your attorney complete and sign the form in the application verifying applicant property
control. In the case of leases or management agreements, please forward a copy to the District well in
advance of the deadline to verify consistency with our program rules. (Staff suggestion: Resolve this
requirement outside the application "window".)
ii
�!4101IECT COS F'S 11111 IGH�131LI I V
Please note the eligible project costs in Rule Section 66B-2.008, F.A.C. If you are not sure about an item's
eligibility, ask] Note: Any ineligible cost, including in-house project management and administration, is also
not eligible for an applicant's match. Make sure you have delineated your required minimum cost -share on
the project cost estimate. (Staff suggestion: If you have questions about the eligibility of an item, work up a
mock cost -sheet and send it to our office well before the deadline.)
COST5IIJARE
Although the applicant must provide a minimum of 50% of the total project costs (25% for eligible public
navigation dredging), there is no specific requirement to split each item. (Staff suggestion: You may want to
organize project element in a certain manner for easier accounting.)
PREAGIWI111:11M iiI,:NT EXPERSES
Rule 66B-2.005(3), F.A.C. requires any activity in the submitted project cost estimate occurring PRIOR
to October I st to be considered as pre -agreement expenses. The Board's post philosophy has been to fund
only those projects that require District funding assistance to be completed. It is best to avoid
pre -agreement expenses it possible. Note, that pre -agreement expenses must be limited to 50% or less
of the total project costs, and they are eligible for only V2 of the original District funding. (Example.- A project
with a total cost of $200,000 is Board -approved for one-half construction PRIOR to October I st. In this case,
District funding will be limited as follows: Only 50% of the $ 100,000 project cost prior fa October 1st is eligible
as project expenses fi.e. $50,000). Then only Y2 of the eligible project expenses ($50,000) are eligible for
District funding assistance (i.e. $25,000).
SUIUCITTED KATERIM, �S & JUNE 14ZESENTA irIIIiaiq
The Board must review and evaluate every application and each year we receive about 90 applications
for consideration. The final product for the Commissioner's review is two 8-1/2" x 11" spiral -bound notebooks
containing the essential information for the application. NOTE: make sure your final submitted material is the
same material you will be presenting to the Board of our June meeting. This will avoid confusion and
strengthen your presentation. (Staff suggestion: Limit the submitted materials to the requested information,
in the required format and make sure it is consistent with your June presentation. Do not submit additional
material at the June presentation!)
Grant applications are being accepted by email or hardcopy. Grant applications may be submitted via
email as a pdf attachment (permits attached separately), Make sure to label your pdf attachment with the
applicant and project title. You will receive a confirmation email letting you know your application has
been received. Email your completed application to JZimmerman@cicw.org Or you may send hardcopy
applications to FIND, 1314 Marcinski Rd, Jupiter, EL 33477.
AlppHcatloiilu iinust be received by tires Dislirlict L)y 14:30, 1) rrw. oi-i Marcti 28, 2022.
Page 54 of 106
APPLICATION CHECKLIST
WATERWAY ASSISTANCE PROGRAM FY 2022
FlProject Title . ..... . ... . .... ... .... .... .... ................. _ ......... .. ... ....... . . . ............. . .........
Boynton Beach Boating Safety Program
..... ............... ..... ........... . .. ... . . ...... . .. . .. . . .......... .. .....
. ... . .......... - ------ . ..... . . . . ........ . ....... . . .
Boynton Beach
ll�he- City o
Applicant:
I � . . ........
This checklist and the other Items listed below In items 1 through 13 constitute your
application. The required Information shall be submitted In the order listed.
An electronic copy may be emailed to JZ[mmerman@aicw.org. Application must be
received by the deadline, no exceptions.
All information will be printed on 8'12"x11'" paper to be included In agenda books
bound by staff.
......... . . . . . . .
- -
YES
- -----------
NO
I District Commissioner Review (prior to March 4th)
e_eSK
(NOTE: For District Commissioner Initials ONLY!)
(District Commissioner must Initial the yes line on this
checklist for the application to be deemed complete)
2. Application Checklist - E-1 (Form No. 90-26, 2 pages)
0
(Form must be signed and dated)
3. Applicant Info/Project Summary- E-2 (Form No. 90-22, 1
0
page) (Form must be completed and signed)
4. Project Information - E-3 (Form No. 90-22a, 1 page)
0
5. Application and Evaluation Worksheet - E-4(+) (Form
U,
No.91-25) (One proper sub -attachment included, 7 pages)
Must answer questions 1 -10. No signatures required
6. Project Cost Estimate - E-5 (Form No. 90-25, 1 page)
0
(Must be on District form)
7, Project Timeline - E-6 (Form No. 96-10, 1 page) C09
8. Official Resolution Form - E-7 (Form No. 90-21, 2 pages)
(Resolution must be In District format and include
Items 1-6)
Page 55 of 106
AT Iw li.i li ° w E - f
APPLICATION CHECKLIST
WATERWAY ASSISTANCE PROGRAM FY 2022
project Titley J',Boynton Beach Boating Safety Project
Applicant` The City of Boynton Beach
This checklist and the other items listed below in items 1 through 13 constitute your
application. The required information shall be submitted in the order listed.
An electronic copy may be emailed to JZimmerman@alcw.org. Application must be
received by the deadline, no exceptions.
All information will be printed on 8'/2"x11" paper to be Included in agenda books
bound by staff.
7. Project Timeline - E-6 (Farm No. 96-10, 1 page) ('
8. Official Resolution Form- E-7 (Form No. 90-21, 2 pages) ,W
(Resolution must be in District format and include
Hems 1-6)
Page 56 of 106
YES
NO
1 W District Commissioner Review (prior to March 4th)
(NOTE: for Dlsfflrt CQMMIssioner initials ONLY11
(District Commissioner must Initial the yes line on this
checklist for the application to be deemed complete)
2. Application Checklist - E-1 (Farm No. 90-26,2 pages)
0
(Form must be signed and dated)
3. Applicant Info/Project Summary - E-2 (Form No. 90-22, 1
0
page)(Form must be completed and signed)
4. Project information - E-3 (Form No. 90-22a, 1 page)
("
5. Application and Evaluation Worksheet - E-4(+) (Form
0
No.91-25) (One,proper sub -attachment included. 7 pages)
Must answer questions 1-10. No signatures required
6. Project Cost Estimate - E-5 (Form No. 90-25, 1 page)
0
(Must be on District form)
7. Project Timeline - E-6 (Farm No. 96-10, 1 page) ('
8. Official Resolution Form- E-7 (Form No. 90-21, 2 pages) ,W
(Resolution must be in District format and include
Hems 1-6)
Page 56 of 106
AT`IACIiMEN'1' E-1 (Confilu wed)
APPLICATION CHECKLIST
WATERWAY ASSISTANCE PROGRAM FY 2022
YES NO
9. Attorney's Certification (Land Ownership) - E-8 00, 0
(Must be on or follow format of Form No. 94-26,
Legal descriptions NOT accepted In lieu of form)
10. County/City Location Map 0
11. Project Boundary Map 0
12. Clear & Detailed Site Development Plan Map so 0
13. Copies of all Required Permits: ACOE, DEP, WMD 0
(Required of development projects only)
The undersigned, as applicant, acknowledges that Items 1 through 12 above
constitutes a complete application and that this information is due in the District office
no later than 4:30 PM, March 28, 2022 By May 16, 2022 my application must be
deemed complete (except for permits) or it will be removed from any further
consideration by the District. I also acknowledge that the information in Item 13 is due
to the District no later than September 19, 2022. If the information in Item 13 is not submitted
to the District office by September 19, 2022, 1 am aware that My application will
be removed from any further funding consideration by the District.
v2-1 -t;
SIGNATURE PROJECT LIAISON DATE
112101re N101411M•. 1
� Date Received,
Local FIND Commissioner Review:
All Required Supporting Documents:
Applicant Eligibility: ..... ............... —__ . . ...... . .
Project Eligibility:
Compliance with Rule 6613-2 F.A.C.:
Eligibility of Project Cost:
Form No. 90-26 - New 9/2/92, Revised 07-30-02.
Page 57 of 106
LIAISQN
TITLE:
v2-1 -t;
SIGNATURE PROJECT LIAISON DATE
112101re N101411M•. 1
� Date Received,
Local FIND Commissioner Review:
All Required Supporting Documents:
Applicant Eligibility: ..... ............... —__ . . ...... . .
Project Eligibility:
Compliance with Rule 6613-2 F.A.C.:
Eligibility of Project Cost:
Form No. 90-26 - New 9/2/92, Revised 07-30-02.
Page 57 of 106
A"r"I'A04ME14T E-2
APPLICANT INFORMATION L PROJECT SUMMARY
WATERWAY ASSISTANCE PROGRAM FY 2022
I hereby c that the Information provided In this application Is true and accurate.
SIGNATURE:
DATE:
PROJECT NARRATIVE (Please summarize the project in space provided below in 2 paragraphs or less.)
The City of Boynton Beach is requesting funds to install a private dock and boat lifts to bolster its boating safety efforts.
The Fire Rescue Department identified increased risks on the city's Intracoastal Waterways and inlet and the existing
vulnerabilities to marine firefighting and water rescue operations. Currently, there is no dedicated fire rescue Vessel in
Palm Beach County North of Boca Raton. The location of the dock provides both Police and Fire Rescue with quick
access to the State and Federally funded Intracoastal waterways and the Boynton Inlet, one of the most dangerous
inlets in the state. Additionally, the lifts would protect the fire rescue and patrol boats from saltwater corrosion, keeping
the maintenance costs low and mitigate the risk of water damage caused by sea level rise.
lBoynton Beach Fire Rescue operates a trailered 17ft rigid hull inflatable vessel for fire suppression and water rescue
operations. In an emergency, fire rescue must drive the vessel to Oyer Park as it does not have a dedicated docking
space on the waterways. This funding request will help Fire Rescue significantly reduce its 20 -minute response time by
being able to launch directly from the dock, avoiding traffic and other operational delays. The Police Patrol boat is
currently on a leased boat lift on the marina and is not centrally accessible for emergency and routine calls for service.
With this funding, $36,000 in leasing costs can be eliminated with the patrol boat centrally located to reduce response
times and enhance operational readiness. This boating safety project will meet the needs of a steadily increasing
population, infrastructure and will enhance Boynton Beach Police and Boynton Beach Fire Rescue's capacity to assist
neighboring jurisdictions to foster and strengthen interoperability. The community will directly benefit from rapid
intervention as it reduces risks, promote the health and safety of all, and builds community resilience.
Form No. 90-22, Rule 668-2, (New 12/17/90, Rev.07-3 M2, 04-24-06)
Page 58 of 106
ATTACHMENT E-3
PROJECT
-
PROJECT INFORMATION
WATERWAY ASSISTANCE PROGRAM FY 2022
Applicant: The Cite of Boynton Beach
ProjectTotal 11 Iii
Source of Applicant's Matching Funds:
rroject Title: Boynton Beach Boating Safety Project
FIND Funding 50,000 % of Total Cost:
Requested: $
Chi" mm
1. Ownership of Project Site (check one): Own:Q Leased:() Other:
2. If leased or other, please describe lease or terms and conditions:
N/A
ME
3. Has the District previously provided assistance funding to this project or site? Yei& No: ❑ O
4. If yes, please list:
The District provided funding assistance for the Oyer Park site to renovate the boat ramps for public
access (Project #PB -BB -20-212). However, the current project was not incuded since the dock will not
be for public use.
S. What is the current level of public access in terms of the number of boat ramps, boat slips and
trailer parking spaces, linear feet of boardwalk (etc.)? (as applicable):
The site is highly accessible to the public with 4 boat ramps, 6 docks, 120 trailer parking spaces, and
approximately 730 In. ft. of boardwalk. The proposed project will exclusively be accessible by the Police
and Fire Departments for Public safety use.
6. How many additional ramps, slips, parking spaces or other access features will be added by this
project?
None. This project is for private use by the Police and Fire Departments.
7. Are fees charged for the use of this project? No() Yes 0 --
**If yes, please attach additional documentation of fees and how they compare with fees from
similar public & private facilities in the area.
Please list all Environmental Resource Permits required for this project:
AGENCY Yes / No / N/A Date Applied For Date Received
WMD Na �,.,-....
....... _....... _._....----- _w ... ...�.----- ..ror....,, mm.....
DEP Yes
ALOE Yes
Fonn No. 90-22a (New 10-14-92, Rev. 04-24-06, 4-15-07)
Page 59 of 106
ATTACI�IMEN I"' E-4
1 417-311
WATERWAY ASSISTANCE PROGRAM FY 2022
FPJM*Ri1*-JM
All applicants will complete questions I through 6, and then based on the type of
project, complete one and only one subsection (E -4A, B, C, D or E) for questions 7-10.
***Please keep your answers brief and do not change the pagination of Attachment E.4***
All other sub -attachments that are not applicable to an applicant's project should not be
included in the submitted application.
Project rifle: 1Boynton Beach Boating Safety Project
--- . . . .......... ......... ................... ........... .
Applicant: The City of Boynton Beach
1) PRIORITY LIST:
a) Denote the priority list category of this project from Attachment C in the application.
(The jeappelementlication m ) ay only be of one type based upon the rant cost of the
proct s.
13. Waterway boating safety programs & equipment.
b) Explain how the project fib this priority category.
The project fits this priority category as it provides a permanent location across one of the
most dangerous inlets in the state to assist with patrol, water rescue, firefighting
intervention and saving lives by reducing call response times. With the city's existing
inter -agency agreements and multi jurisdictional capabilities, emergencies and calls for
service can be provided to the entire county. Furthermore, the boat lifts eliminate future
maintenance costs due to salt water corrosion and repaint of the boating equipment.
(Tor reviewer only)
Max. Available Score for application
Question 1. Range ofScore (I to_ --points)
Page 60 of 106
......... .....
2) WATERWAY RELATIONSHIP:
a) Explain how the project relates to the ICW and the mission of the Navigation District.
This project directly supports FIND's mission and boating safety on the ICW by providing
the Departments with the effective tools and equipment to immediately respond to the
emergency needs of the Community. The project also allows for the safe ingress and
egress of the Police and Fire Departments' vessels during emergency operations.
b) What public access or navigational benefit to the ICW or adjoining waterway will
result from this project?
More lives and properties will be saved and protected as a result of this project. Fire
Rescue will reduce their response time by 8-10 minutes by having their boat on the water
and PD's marine unit will provide waterway boating safety patrols and respond to
emergencies more efficiently. The location gives direct access and rapid rescue
capabilities to Boynton Beach's dangerous inlet.
(For reviewer only)
(1-6poinls)
— . . ....... . . . . .........
3) PUBLIC USAGE & BENEFITS:
a) Describe how the project increases/improves boater/public access.
Estimate the amount of total public use.
Though this project does not provide public access to the docking facilities, the presence
of the Fire Rescue and Law Enforcement vessels will provide greater peace of mind to
the public. The city may experience an increase in boating activity while the community
benefits from a reduced number of incidents on the waterways.
b) Discuss the regional and local public benefits provided by the project.
Can residents from other counties of the District reasonably access and use the
project? Explain.
The City of Boynton Beach provides patrol, call responses, and water rescue services to
the community and neighboring municipalities. With the absence of a dedicated water
rescue response in Palm Beach County, the Public will benefit from an enhanced
response from the Police and Fire Rescue departments of the City.
c) Has the local Sponsor Implemented or plans to Implement any boating access, speed
zone, commercial access or other restrictive use of this site?
No restrictions are placed on commercial access of the Oyer Park site but the dock use
will be limited to Fire Rescue and Police Department vessels.
(For reviewer only)
(1-8 points)
Page 61 of 106
4) TIMELINESS:
a) Describe current status of the project and present a reasonable and effective
timeline for the completion of the project consistent with Attachment E-6.
The project is currently in the design and permitting phase. Construction is anticipated to
begin after October 1, 2022 once design and permitting have been completed for a period
of 12 months.
b) Briefly explain any unique aspects of this project that could influence the timeline.
There may be some mangroves needing to be mitigated, This would be a small obstacle
that could influence the project timeline.
(For reviewer only)
(1-3 points)
5) COSTS & EFFICIENCY:
a) List funding sources and the status and amount of the corresponding funding that will
be utilized to complete this project Including any cash match or matching grant funds.
This project will be funded with the Waterways Assistance grant program and the City of
Boynton Beach will allocate a part of the budget to complete this project.
b) Identify and describe any project costs that may be Increased because of the materials
utilized or specific site conditions.
Due to the volatile inflation rates, the costs of construction materials may increase.
C) Are there any fees associated with the use of this facility? If so, please list or attach fee sheet.
There are no fees associated with this specific project as it will be for private use.
d) If there are any fees, please explain where these fees go and what they are used for. In
addition, please provide a listing of the fees charged by similar facilttles, public and private, in
the project area.
N/A
(For reviewer only)
(1-6 points)
Page 62 of 106
6) PROJECT VIABILITY:
a) Why Is the project necessary and what need will it fill? Why are existing facirdles
Insufficient to meet demand?
Currently, there is no docking space for the Fire Department so the boat has to be towed
and placed on the water for every marine emergency. This process adds critical time to
the team's ability to immediately intervene and provide water rescue and marine
firefighting operations to the community. The Police department currently leases two boat
lifts and a docking space on the marina for an approximate cost of $36,000 per year. This
project is necessary as it allows the Police patrol boat to remain in a more centralized
location, eliminate the costs of renting a space, and permits the Fire Department to have
their vessel at the ready to respond to crises.
b) Clearly demonstrate how the project will confinve to be maintained and funded after funding Is
completed.
The project will be maintained with the funds allocated through the City budget annually,
c) Is this project referenced or Incorporated In an existing maritime management, public assess
or comp plan?
Boating safety is incorporated in maritime management and this project supports existing
efforts to make the navigable waterways safe and accessible to all.
(For reviewer only)
(1-7points)
•
FIND FORM NO. 91-25
Rule 66B-2.005 (Effective Date: 3-21-01, Revised 4-24-D6,1-27-14)
Page 63 of 106
AT'I'ACSII WENT 11w ,AA
EVALUATION WORKSHEET
DEVELOPMENT L CONSTRUCTION PROJECTS
. . . . ....... .............. . ............
WATERWAY ASSISTANCE PROGRAM FY 2022
THIS ATTACHMENT IS TO BE COMPLETED IF YOUR PROJECT IS A DEVELOE'ME 1Q,
...........
QQNS! MXNA6'EM "
RVQ PROJECT BUT IS N
�fl -C -R
2 -§gAQH
RENOQRI�HMENT PROJECT.
7) PERMITTING:
a) Have all required environmental permits been applied for? (USAGE, DEP and WMD)
If permits are NOT required, explain why not.
As the team works on the structural plans and construction details for this project,
environmental permits will be obtained in a timely manner to meet FIND'S timeline
requirement.
b) If the project Is a Phase I project, please provide a general cost estimate for the future
Phase 11 work.
N/A
c) Detail any significant Impediments that may have been Identified that would
potentially delay the timely Issuance of the required permits.
Ni significant impediments have been identified at this time,
(For reviewer only)
(14 points)
Page 64 of 106
8) PROJECT DESIGN:
a) Has the design work been completed?
If this is a Phase I project, has a preliminary design been developed?
Preliminary design has been developed with the design work to be developed in the
coming weeks.
b) Are there unique beneficial aspects to the proposed design that enhance public
usage or access, minimize environmental impacts, Improve water quality or
reduce costs?
The proposed design includes incorporating sustainable materials capable of lasting
several years, minimizing environmental disturbance and reducing costs.
(For reviewer only)
(1-2points)
a) Briefly explain the construction techniques and materials to be utilized for this project
Identify any unique construction materials that may significantly after the project costs.
If a Phase 1, elaborate on potential techniques.
Jet driven concrete piles will be installed to support a dock system. An aluminum deck
and rails will be installed atop the piles.
b) What Is the design life of the proposed materials compared to other available
Trateriats?
The aluminum deck and concrete piles being used for this project will last approximately
50 years as opposed to wood piles and a wooden deck which only last about 15 years.
-(For reviewer only)
(1-3points)
Page 65 of 106
10) ENVIRONMENTAL COMPONENTS:
a) How has the facility where the project is located demonstrated commitment to
environmental compliance, sustainability, and stewardship?
The City of Boynton Beach completed a climate change vulnerability assessment to
identify locations and structures risking tidal flooding due to sea level rise. Replacing the
existing dock with materials capable of sustaining storm surges and rainfall -induced
flooding strengthens the City's commitment to environmental compliance and
sustainability. Additionally, the City planted 108 new trees at the Oyer Park site to provide
shade and wildlife habitat, help mitigate flooding and enhance the site's resilience to
harsh climate conditions.
b) What considerations, if any, have been made for sea level rise impacts In the design
and Iffe span of this project?
The depth of the concrete piles and the height of the deck will be designed so that the
boat docks can still be operational even with seal level rise,
(For reviewer only)
(1-3points)
Note:
The total maximum score possible is dependent upon the project priority category but
cannot exceed 50 points unless the project qualifies as an emergency -related project.
The minimum score possible is 10 points. A score of 35 points or more is required to be
considered for funding.
Form No. 91-25A
Rule 668-2.005 (Effective Date: 3-21-41, revised 4-24-06, 1-27-14)
Page 66 of 106
A11aim ACF1K�1:!N`1` ��E� 4C
EVALUATION WORKSHEET
AIN E mm m
BOATING SAFETY PROJE
0—s
WATERWAY ASSISTANCE PROGRAM FY 2022
T[Hj5 ATTACHMENT IS TO BE COMPLE I TED IF YOUR PROJECT
IS A LAW
ENFORCEMENT R BOATING SAFETY PR0JECT
7) VIABILITY:
c) Describe how the project will address particular public health, safety, or welfare
Issues of the Navigation District's Waterways.
Over the last three years, BBPD/BBFD's Marine unit responded to 1038 calls for service
on the waterways. Statistics by the US Coast Guard reported 804 accidents in year 2020
with 72 fatalities and 514 persons injured. Fire Rescue continues to Provide water rescue
and firefighting services, expanding beyond the city limits and supporting the neighboring
regions and municipalities.
d) How does the project provide significant benefits or enhancements to the District's
Waterways?
The project significantly benefits the District's waterways as it provides immediate
response capability to the Fire and Police Departments not just to the the Boynton Beach
community but extending to all of the municipalities in Palm Beach County North of Boca
Raton. Patrols will be conducted more frequently and efficiently, and with reduced
response time by having the fireboat on the water, incidents and fatalities will be greatly
reduced, reducing property damage costs, environmental impact, and personal safety.
(For reviewer only)
(1-3 points}
Page 67 of 106
8) EXPERIENCE & QUALIFICA71ONS:
a) List the personnel tasked with the Implementation of this project, their qualifications,
previous training and experience.
BBFD's 5 ALS Fire Suppression units, 5 ALS Transport Rescue Units,Technical Rescue
unit, 2 shift -based Battalion Chiefs, Safety and Training Captain, and the fire prevention
and Life Safety Division. BBPD's Marine unit consisting of officers well-trained in
vessel/personal watercraft operation, maritime laws, and the local waterways.
b) Have the personnel participated In or received state marine low enforcement training?
Yes. The personnel completed in-service training.
(For reviewer only)
(1-2points)
9) DELIVERABLES:
a) Describe the anticipated, long-term measurable results of Implementing this project.
Long-term results of implementing this project include reduced number of incidents on
the Intracoastal Waterways due more efficient patrols and a significant reduction in
emergency response times by both Fire Rescue and Police.
b) What Is the range or area of coverage for this project? Please provide a map of the
coverage area.
The project will cover the entire Boynton Beach area as well as the surrounding
municipalities in Palm Beach County, (See attached Map)
c) Does the project fulfill a particular community need?
Yes. The project fulfill the boating safety needs of the community.
For reviewer only)
(1-4 points)
Page 68 of 106
10) EDUCATION:
a) What are the educational beneffts (If any) of this proposed project?
During Manatee season, the Police Department educates the boaters about manatees to
ensure the safety of this endangered species and help them survive.
b) How does the project or program provide effective public boating education
or expand boater safety?
The project expands boater safety as it allows easier access to patrol the waterways and
rapidly intervene during calls for service and emergencies.
(For reviewer only)
(1 -3 points)
Note:
The total maximum score possible is dependent upon the project priority category but
cannot exceed 50 points unless the project qualifies as an emergency -related project.
The minimum score possible is 10 points. A score of 35 points or more is required to be
considered for funding.
Form No. 91-25C
Rule 66B-2.005 (Effective Date: 3-21-01, revised 4-24-06, 1-27-14)
Page 69 of 106
PROJECT COST ESTIMATE
WATERWAY ASSISTANCE PROGRAM FY 2022
(See Rule Section 66B-2.005 & 2.008 for eligibility and funding ratios)
............... ................. . . . . .
Project Title: Boynton Beach Boating Safety Project
1-11,11�'ll",,,,,�'ll""I'll""�� . . . . ...... . . ........... . . ... . ..... . .... . ........ ............. -
Applicant: The City of Boynton Beach
.................. .......
Form No. 90-25 (New 10/14/92, Revised 04-24-06)
Page 70 of 106
ATTACHMENeu E-6
PROJECT TIMELINE
WATERWAY ASSISTANCE PROGRAM FY 2022
w......... ..................................................
Project Title: Boynton Beach Boating Safety Project
. . ........
Applicant: The City of Boynton Beach
The applicant is to present a detailed timeline on the accomplishment of the
components of the proposed project including, as applicable, completion
dates for: permitting, design, bidding, applicant approvals, initiation of
construction and completion of construction.
NOTE: All funded activities must begin AFTER October 1$t
(or be consistent with Rule 66B-2.005(3) - Pre -agreement expenses)
Lo= =1 I
October 31st, 2022 Engineering and Architectural
FIND Fonn 96-10 (effective date 04-15-07)
Page 71 of 106
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Page 72 of 106
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Page 73 of 106
Page 74 of 106
minim9 N
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City of Baynton Beach iira
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Page 75 of 106
6.E.
Consent Agenda
5/3/2022
Requested Action by Commission:
Approve minutes from the April 19, 2022 City Commission meeting.
Explanation of Request:
The City Commission met on April 19, 2022 and minutes were prepared from the notes taken at the
meeting. The Florida Statutes provide that minutes of all Commission meetings be prepared,
approved and maintained in the records of the City of Boynton Beach.
How will this affect city programs or services?
A record of the actions taken by the City Commission will be maintained as a permanent record.
Fiscal Impact:
Alternatives:
Approve, amend and approve, or do not approve the minutes.
Strategic Plan: Building Wealth in the Community
Strategic Plan Application:
Climate Action Application:
Is this a grant?
Grant Amount:
Attachments:
Type Description
Ui Butes Minutes 04 10 22
Page 76 of 106
Minutes of the City Commission Meeting
Held Online Via the GoToWebinar Platform and
In -Person at the City Hall Commission Chambers
100 East Ocean Avenue, Boynton Beach, Florida
On Tuesday, April 19, 2022 at 5:30 P.M.
Present:
Mayor Ty Penserga
Vice Mayor Angela Cruz
Commissioner Woodrow L. Hay
Commissioner Thomas Turkin
Commissioner Aimee Kelley (After sworn -in.)
1. Openings
A. Call to Order - Mayor Ty Penserga
Lori LaVerriere, City Manager
Mike Cirullo, Deputy City Attorney
Crystal Gibson, City Clerk
Mayor Penserga called the meeting to order at 5:37 pm.
Roll Call
City Clerk Crystal Gibson called the roll. A quorum was present.
Invocation by Rabbi Michael Simon, Temple Beth Kodesh
In Rabbi Simon's absence the Invocation was given by Pastor Duane Roberts of
Calvary Chapel.
Pledge of Allegiance to the Flag led by Commissioner Thomas Turkin
Commissioner Turkin led the Pledge of Allegiance to the Flag.
Agenda Approval:
Additions, Deletions, Corrections
Mayor Penserga moved agenda item 11 A to the May 17, 2022 meeting.
Commissioner Turkin asked that agenda item 8A be continued to the May 3rd meeting.
Moved New Business to after Other. Under New Business, he would like to discuss a 56 -
foot height moratorium east of 1-95, consideration of a dog park in District III and a
discussion on changing the Commission meetings to 6:00 p.m. on Tuesdays.
Mayor Penserga suggested adding Commissioner Turkin's items to Future Agenda. The
items require research and adding them to Future Agenda would give staff time to put the
items together.
Commissioner Hay stated that he would like time to speak to staff. He would need further
Page 77 of 106
Meeting Minutes
City Commission
Boynton Beach, FL April 19, 2022
information from staff in order to support Commissioner Turkin's items. He agrees with
Mayor Penserga that the items belong on Future Agenda.
Commissioner Turkin requested that staff and legal to provide a thorough report on a
height moratorium east of 1-95. He has to send email after email to finally get a response
from City Attorney Jim Cherof.
Lori LaVerriere, City Manager, commented that she always encourages the Commission
to go to her or Assistant City Managers Andrew Mack and Kathryn Matos, so they know
what the desires are of the Commission and the information they seek and so she can
get information to them promptly. She asked Commissioner Turkin to allow staff to bring
the information on the moratorium to him in a meeting or two.
Mayor Penserga noted that staff would add the following items to Future Agenda for the
May 17th meeting: a vote to establish a 56 ft. height moratorium east of 1-95, consideration
of a dog park in District III, and discussion regarding changing Commission meetings to
6:00 p.m. on Tuesdays.
Vice Mayor Cruz noted that two of the Districts on the cover of the agenda needed to be
corrected to reflect her as Commissioner of District I and Commissioner Hay as
Commissioner of District 11.
2. Adoption
Motion
Commissioner Hay moved to approve the agenda as amended. Vice Mayor Cruz
second the motion. The motion passed unanimously.
2. Other
A. Make appointment to fill vacancy in District IV.
Mayor Penserga explained that when he was elected Mayor it created an vacancy in
District IV. A notice was put out to the public regarding the vacancy in District IV and
instructions on how to apply to be appointed to that position. Five residents did submit
their application package for the position. He asked that each candidate step up to the
podium and introduce themselves.
David Katz, 67 Midwood Lane, inquired if the public would be able to have input on this
item.
Mike Cirullo, Deputy City Attorney, stated that opportunity to speak after the interviews
before the Commission discussion would be appropriate.
Dale Sugerman introduced himself to the Commission and the public and stated that he
seeks to fill the vacancy in District IV. He has lived in and around Boynton for 28 years.
In the late 1990's, he was the Assistant City Manager and the Interim City Manager. He
Page 78 of 106
Meeting Minutes
City Commission
Boynton Beach, FL April 19, 2022
knows the City well and understands the role that he could play as one of the five
policymakers as the City works through some difficult times ahead and builds on its
success. His interest in serving his to bring his insight and experience to the dais. He will
not run in March of 2023 for the District IV seat.
Vice Mayor Cruz asked Mr. Sugerman what are the three things that he would change in
the City budget.
Mr. Sugerman responded that he does not know if he would change anything at this point.
His role is not to set the City budget. That is the role of the City Manager in cooperation
of the Finance Department. Changing the budget would be a consensus of the
Commission and not a sole decision maker.
Commissioner Turkin asked Mr. Sugerman what are his thoughts on the rapid
development that has taken place over the last five years in Boynton Beach.
Mr. Sugerman replied that rapid development could be both good and bad. We like to
encourage growth as much as possible. Increase the tax base so that the burden of taxes
can spread effectively amongst many instead of few. The problem is rapid development.
You want to have well-controlled and well -thought-out development. The marketplace
drives development; the City Commission controls the development.
Commissioner Turkin inquired about Mr. Sugerman's view on rentals versus home
ownership in the current market.
Mr. Sugerman stated that the current market is out of control. He does not have a
solution, it is market driven. The City needs to find a balance between rentals and home
ownership. Unfortunately, when the market drives rental prices to be unaffordable it
makes it difficult in the community. He is not sure that there is a whole lot that the
Commission can do to control rent rates, like they do in large cities.
Commissioner Hay asked Mr. Sugerman what his position is on affordable housing.
Mr. Sugerman replied that Boynton Beach needs to have affordable housing. However,
new development would need to meet a threshold that includes affordable housing to
make that happen. He does not think that there is anything out there that is affordable
housing right now compared to 18 months ago. However, he supports well thought and
well-designed affordable housing being built in the City.
Christine Roberts introduced herself to the Commission and the public and stated that
her goal was to serve on the City Commission. She feels that she is qualified to serve the
City. She has worked for the City for 30 years. During her tenure, she worked in several
divisions, and for approximately 20 years, was the Assistant Public Works Director.
During her employment, she worked closely with City, County, and State departments,
including the Solid Waste Authority, County Health Department and the Department of
Page 79 of 106
Meeting Minutes
City Commission
Boynton Beach, FL April 19, 2022
Environmental Protection. She was recently asked what she would like to see changed
in the City. The first was to improve the infrastructure of City buildings and roadways.
Continue discussion and implementation regarding the decision on the mall. Find
incentives to bring more local businesses to the community. Her priority is to improve the
relationship between the community and the City. Recent events in the City have created
a lack of trust.
Commissioner Turkin asked Ms. Roberts to elaborate on the relationship between the
community and the City.
Ms. Roberts commented based on recent events in the City, she has seen the lack of
trust between the City and the community.
Commission Turkin asked what is the solution to fixing the relationship between the City
and the community.
Ms. Roberts stated that she does not know what the solution is. It would be something
that the Commission would have to discuss. There needs to be communication between
both parties to air their issues and come to a solution.
Commissioner Turkin asked Ms. Roberts what are her thoughts on the rapid development
that has taken place over the last five years in Boynton Beach.
Ms. Roberts commented that she would not call it rapid development. Over the last 10
years, she has seen more development then she did 20 years ago. We need to work
towards bringing businesses to the community. Continue to look for housing.
Commissioner Turkin inquired about Ms. Roberts' view on rentals versus home
ownership in the current market.
Ms. Roberts stated that she thinks they are both important in the community.
Vice Mayor Cruz asked Ms. Roberts what are the three things that she would change in
the City budget.
Ms. Roberts stated that she agrees with Mr. Sugerman that there would have to be budget
workshops and come together as a Commission with a consensus on what should and
should not be changed.
Commissioner Hay asked Ms. Roberts what is her position on affordable housing.
Ms. Roberts replied that affordable housing should be made available in every community
and in future development.
Thomas Ramiccio stated that he is excited about the opportunity to serve the City of
4
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Meeting Minutes
City Commission
Boynton Beach, FL April 19, 2022
Boynton Beach, as Commissioner of District IV. His extensive knowledge of municipal
government business and non-profit management makes him uniquely qualified to serve
on day one. It is an exciting time for Boynton Beach. We are witnessing a true
renaissance of Boynton's core. We have begun to rebuild downtown; the cornerstones of
redevelopment have been set. City Hall and the restoration of the historic high school is
complete. Our waterfront is vibrant and unique. The Heart of Boynton is the soul of
Boynton; old Florida charm in new Florida style. He would like the opportunity to join the
Commission and help accomplish the goals they see fit as a team. We need to end the
town square litigation, and build the much needed parking for our City employees and
visitors. To welcome the FAU Tech Runway, and the business incubator. These concepts
are ideal for today's competitive marketplace, and Boynton is poised to succeed. Looking
west towards annexation, one can boost our tax base and improve the services for the
western Boynton residents. Many tough decisions are to be made in the next 30 days: a
possible merger with Palm Beach County with the police department, pension reform,
JKM litigation, and the 2022 2023 budget, just to name a few. He is the only candidate
that has served as Commissioner, Vice Mayor and Mayor.
Commissioner Hay asked Mr. Ramiccio what his position is on affordable housing.
Mr. Ramiccio stated that affordable housing is needed in every community. He does not
think that Ocean Avenue is the place to put affordable housing. There are many other
areas on the periphery of downtown where affordable housing can be built. We need to
build to support the business community. He would like to see a pilot program developed
to work with City employees and Bethesda employees to meet their income so they can
afford to live in Boynton. If we do not start at home with programs of affordable that allow
them to live and work in this Community, it will be hard to attack others to come into the
Community.
Commissioner Hay asked Mr. Ramiccio where going west would the acceptable starting
point in the City be to build affordable housing.
Mr. Ramiccio replied affordable housing is needed everywhere. Each project will have
affordable housing.
Commissioner Hay inquired why is Ocean Avenue unacceptable.
Mr. Ramiccio replied there are only a couple of blocks to do something special to make
the center of Boynton Beach an attractive place to come. It should start with restaurants
and quality housing. If you focus too much on the affordability side, you will not get those
who have the income to support the restaurants and shops there.
Commissioner Turkin inquired about Mr. Ramiccio's view on rentals versus home
ownership in the current market.
Mr. Ramiccio commented that we want to be a community of single-family homes, yet
Page 81 of 106
Meeting Minutes
City Commission
Boynton Beach, FL April 19, 2022
you must have the balance of rentals. There is a huge portion of the community that can
only afford to rent.
Rick Maharajh introduced himself to the Commission and the audience. He believes that
he is the ideal candidate for this job, he brings a long track record of real-life experience
through small business enterprise all the way up to corporate enterprise entities. He has
been involved with the City extensively for many years. He is a 20 -year resident with a
12 -year local business and a past CRA Advisory Board member. He is the founder of the
Boynton Beach Business Professionals. He has managed budgets from forty to sixty
million dollars. He has represented and promoted Boynton Beach at CRA conferences.
He understands and adheres to the Sunshine Law and Palm Beach Code of Ethics.
Commissioner Turkin asked Mr. Maharajh what are his views are on rentals versus home
ownership.
Mr. Maharajh replied that is about balance. We want ownership; we do not want Boynton
Beach to turn into revolving door.
Commissioner Turkin asked Mr. Maharajh what are his thoughts regarding the
development in Boynton during the last five to ten years.
Mr. Maharajh responded that development is good, however when you cannot see the
waterways, it needs to be addressed. We are slowly losing that fishing vibe marina district.
We do not want Boynton Beach to end up like Mid -town Manhattan.
Vice Mayor Cruz asked Mr. Maharajh what three things would he change about the City
budget.
Mr. Maharajh responded there are a couple of things he would like to see: One, more
green space to ramp up environmental sustainability. Two, revitalize the mall. You need
someone with budget experience.
Commissioner Hay asked Mr. Maharajh what his position is on affordable housing.
Mr. Maharajh replied that we want affordable housing. It is about finding a medium. He
does have a plan on how to balance affordable housing. It comes with workshops and
engaging different organizations. The City is not the best at affordable housing. Bring in
people who are good at affordable housing and not reinvent the wheel.
Aimee Kelley introduced herself. She has lived in Boynton Beach for 17 years with her
husband and two children. She has a degree in Paralegal studies, and she has worked
in the legal field for 22 years. For the last five years, she has worked as a litigation
paralegal, where she advocated for people who were injured. Working as a paralegal,
she has learned that she has a deep desire to help others, which is why she is seeking
this seat. She wants to be an advocate for Boynton Beach residents. She previously
1.1
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Meeting Minutes
City Commission
Boynton Beach, FL April 19, 2022
served in this in 2018, where they focused on public safety, keeping taxes low, traffic,
responsible development, and keeping City services efficient and effective. Since her time
on the Commission, she has stayed connected by attending Commission and CRA
meetings regularly and maintaining her relationships with those at City Hall. Since 2019,
she has served on the Palm Beach County Advisory Commission on Women. She
considers herself a team player, someone who understands the importance of working
together. If appointed, she plans to be a Commissioner who listens to the community.
Commissioner Hay asked Ms. Kelley what her position is on affordable housing.
Ms. Kelley responded that affordable housing is necessary in all parts of the City. We
need to be responsible with affordable housing and not push out the residents who have
lived here for many years. We want an even playing field of everyone downtown. We
want workers downtown, retirees downtown and people who are generally going to live
work and play in the downtown area.
Vice Mayor Cruz asked Ms. Kelley what are the three things that she would change in the
City budget.
Ms. Kelley replied to continue to evaluate the budget and learn where to make cuts or
changes for an efficient City and also try to decrease the millage rate.
Commissioner Turkin asked Ms. Kelley what are her views are on rentals versus home
ownership.
Ms. Kelley stated that home ownership should always be encouraged. People should be
encouraged to move to Boynton and live in Boynton and raise their children in Boynton
and establish home ownership. At the same time, we need to be realistic that not
everyone wants to be a homeowner. Yet we want to encourage residents to build a
foundation here in Boynton Beach.
Commissioner Turkin asked Ms. Kelley what are her thoughts regarding the development
in Boynton during the last five to ten years.
Ms. Kelley responded that the City needs to continue to be responsible in growth. Too
much rapid growth could cause oversight. We have to keep in mind that with development
comes vehicles, people and roads become busy and congested.
Commissioner Turkin asked Ms. Kelley what did she learn as being a Commissioner and
what would she change from that experience.
Ms. Kelley stated that she was on the Commission for five months it was not enough time.
She felt that at the end of her term she was just getting comfortable and felt like she
belonged. There is nothing that she would have changed.
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Meeting Minutes
City Commission
Boynton Beach, FL April 19, 2022
Mayor Penserga commented what a stellar group of candidates; unique set backgrounds,
skills and assets. A few years ago, he went through the same process. He did not get
the seat and that was okay. He worked his way up and ran for office. Regardless of the
outcome tonight, he told the candidates to keep going, keep contributing and play a role
within the community. There is room for all of us and we all have something to contribute.
Mayor Penserga opened public comment.
Mr. Katz, stated the reason why we are here doing this is because Mr. Penserga did not
leave office in time to have an election in March for District IV. He thinks that there is one
candidate that they should not choose. With all respect, Ms. Kelley is a wife, a mother
and a daughter. During her time as a Commissioner she was part of the votes that help
put us in kerfuffle with the town square which the Mayor ranted about back in November
accusing staff of backroom deals, wanting an investigation. If you are going to stand by
what you feel, you should not appoint somebody who made votes that caused part of the
problem. If there is going to be a perceived change in culture of the Boynton Beach Police
department, it would also be wrong to appoint to the Commission the wife of a Boynton
Beach Police Captain.
Mike Fitzpatrick, 175 SW Second Street, stated that he was a firefighter paramedic for
22 years in the City. During that time, he was on the executive board for seven years. As
a character reference for Mr. Sugerman, he has worked under high pressure activity, his
word was good and he is trust worthy. He can also for vouch for Mr. Maharajh. When Mr.
Fitzpatrick served on the Commission, Mr. Maharajh was heavily involved with the
Chamber of Commerce.
Bernard Wright, CEO of Bernard Wright Ministries, stated that he has seen Mr. Maharajh
support what is needed in the City. Mr. Maharajh is interested in low income and senior
housing. Ms. Kelley, the wife of Captain Kelley, should not be considered because there
is a conflict of interest. He thanked Mr. Maharajh for his support of District II.
Ernest Mignoli, 710 NE 7t" Street, stated that he strongly believes that no one connected
to the Boynton Beach Police department should be anywhere near this Commission,
based on the lawsuits, allegations and complaints. Putting a Captain's wife on the
Commission is a disgrace. Anyone else would be good.
Tennille DeCoste, President of Palm Beach County Democratic Black Caucus, stated
what is important is to have a candidate who will listen to all the residents, not just one
area. So when you make this decision, look at the real candidate that has been in the
community and has not been sitting home and not making changes. The City must look
at the minorities in the City, your staff, and across the board. We are the ones who get
behind and get you elected because you are listening to the residents who have been
denied.
Sharday Hunter stated that Ms. Roberts is the only candidate that talked about the
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Meeting Minutes
City Commission
Boynton Beach, FL April 19, 2022
mistrust between the community and the City. We all knew who she was talking about.
There needs to be police reform and accountability especially for what happened to SJ.
We need more people in these seats who will make sure the dialect will continue.
Katie McLaughlin stated that she is a 25 -year resident of Boynton Beach. She gave a
very strong character reference to Ms. Kelley. She has known her for 10 years. She does
not know who will be a better fit for the job. As she clearly stated, she is a wife, she is a
mother, she has a full-time job and here she is giving herself and her time to better the
community.
Annette Grey, 1500 Gateway Boulevard, stated that she has worked directly and
indirectly with all the candidates. Please keep in consideration the following: You need
someone who understands public-private partnership. You also need someone who
understands and manage multiple stakeholders well. That includes internal stakeholders,
developers, small businesses, non -profits and anyone who is interested in living, working
and playing in the City of Boynton Beach. Diversity of thought is the best way to solve
problems. Therefore, picking the person who agrees with you or political promises is not
what is best for the entire City. What is best for the entire City is someone who can make
decisions for the entire City and future generations of the City.
Mayor Penserga thanked everyone for their input.
Vice Mayor Cruz thanked the applicants for taking their time coming in and speaking with
the Commission. In addition, there is something we need to think about for the future:
Attacking a woman solely based on her relationships. She does not hear complaints about
the male candidates being judged solely on who they married. It is disrespectful. Ms.
Kelley has the right to be married to whoever she is married to, and she should not be
attacked on that. However, she does encourage more women to put their names in the
hat and encourage more women to run for office. It is not easy for us. It takes a lot of
courage.
Commissioner Hay suggested that the motion be done by secret ballot.
Deputy City Attorney Cirullo stated that it has to be done in the Sunshine. People need
to understand what you are saying, what you are doing, and its rationale.
There cannot be any secrets on this.
Commissioner Turkin questioned the conflict of interest.
Deputy City Attorney Cirullo stated that there is no conflict. He does not know everything
about the candidates. Everybody brings their own experiences and background. From
what he is understanding, there is nothing that disqualifies any of the candidates.
Motion
Vice Mayor Cruz moved to appoint Aimee Kelley as the Commissioner for District IV until
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City Commission
Boynton Beach, FL April 19, 2022
March 2023. Commissioner Turkin seconded the motion. The motion passed 3-1 (Nay -
Commissioner Hay).
B. If selected, administer the Oath of Office to Commissioner of District IV.
The City Clerk administered the Oath of Office to Aimee Kelley.
Mayor Penserga recessed the meeting at 7:00 pm so that Commissioner Kelley could be
seated on the dais. The meeting reconvened at 7:10 pm.
C. Informational items by the Members of the City Commission.
Mayor Penserga disclosed that he spoke with Ms. Bonnie Miskel regarding Item 11A.
Commissioner Hay disclosed that he also spoke with Ms. Miskel regarding Item 11A.
On April 8th he attended the Schoolhouse Bash. On April 9th he attended the United
States Cost Guard band concert, it was phenomenal. On April 14th he participated in
Feed South Florida food distribution. Over 900 families received food.
3. Announcements, Community And Special Events And Presentations
A. Announcement by City Manager Lori LaVerriere recognizing the City of
Boynton Beach Utilities Department for winning 2nd place for the
Florida Section American Water Works Association (FSAWWA)
Region 6 Best Tasting Drinking Water.
Brian Heller, Water Quality and Treatment Manager, stated that this award reflects the
hard work and dedication that the staff provides 24 hours a day, seven days a week. The
Florida Section American Water Works Association Region 6 comprises Palm Beach
County and Broward County. On March 31 st, 17 utilities met with their best water samples
to compete for the best tasting drinking water in the district. The panel compared all
samples for quality, taste, smell, and appearance. The City of Boynton Beach placed
second and received the corresponding trophy for its excellence in drinking water.
B. Announce public input meeting to discuss design elements for Eco
Park scheduled for Wednesday, April 20, 2022 at 5:30 p.m. in the City
Commission Chambers. Attendees can also participate virtually by
registering for the meeting on the City's website.
Franky Lazo, Assistant Director of Recreation and Parks, announced the public input
meeting to discuss design elements for Eco Park will be held on Wednesday, April 20,
2022 at 5:30 p.m. in the City Commission Chambers. Attendees can also participate
virtually by registering for the meeting on the City's website.
C. Announcement by Sustainability Coordinator Rebecca Harvey
regarding the Earth Day Celebration and Tree Giveaway on Saturday,
10
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Meeting Minutes
City Commission
Boynton Beach, FL April 19, 2022
April 23, 2022.
Rebecca Harvey, Sustainability Coordinator, announced the Earth Day Celebration and
Tree Giveaway will be held on Saturday, April 23, 2022 from 10 a.m. to 1 p.m. at
Centennial Park, 120 East Ocean Avenue.
D. Proclaim Friday, April 29, 2022 as Arbor Day. Lori Wolff, Joan Grace
and Toni Cvetko of the Boynton Beach Garden Club and Rebecca
Harvey, Boynton Beach Sustainability Coordinator will accept the
Proclamation.
Mayor Penserga presented the proclamation to Lori Wolff, Joan Grace and Toni Cvetko
of the Boynton Beach Garden Club and Rebecca Harvey, Boynton Beach Sustainability
Coordinator.
E. Commissioner Hay requested a citation celebrating the life of Mrs.
Queen Esther McClendon.
Mayor Penserga and Commissioner Hay presented the citation. Dr. Michael McClendon
accepted it on behalf of the family and thanked the City for the citation.
4. Public Audience
Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of the Chair,
this 3 minute allowance may need to be adjusted depending on the level of business coming
before the City Commission)
5. Administrative
A. Ratify the selection of Dr. Valerie Valcourt as the Chair and Dr.
Stephanie Hayden-Adeyemo as the Vice Chair of the Education &
Youth Advisory Board.
Motion
Commission Kelley moved to ratify the selection of Dr. Valerie Valcourt as the Chair and
Dr. Stephanie Hayden-Adeyemo as the Vice Chair of the Education & Youth Advisory
Board. The motion failed, there was no second.
B. Ratify the selection of Julie Mondello as the Chair and Betty Pierce -Roe
as the Vice Chair of the Recreation & Parks Advisory Board.
Motion
Commissioner Hay moved to ratify the selection of Julie Mondello as the Chair and Betty
Pierce -Roe as the Vice Chair of the Recreation & Parks Advisory Board. Vice Mayor
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Meeting Minutes
City Commission
Boynton Beach, FL April 19, 2022
Cruz seconded the motion. The motion passed unanimously.
C. Ratify the selection of Kelli Drum as the Chair and Ace Tilton Ratcliff
as Vice -Chair of the Art Advisory Board.
Motion
Commissioner Hay moved to ratify the selection of Kelli Drum as the Chair and Ace
Tilton Ratcliff as Vice -Chair of the Art Advisory Board. The motion failed, there
was no second.
D. Annual appointment and reappointment of eligible members of the
community to serve in vacant positions on City advisory boards.
E. Proposed Resolution No. R22-047 - Appoint a City Commission
representative and alternate to the Countywide Intergovernmental
Coordination Program. (Tabled from the April 5, 2022 City Commission
Meeting.)
Motion
Commissioner Hay motioned to remove Proposed Resolution No. R22-047 from the table.
Vice Mayor Cruz second the motion. The motion passed unanimously.
F. Proposed Resolution No. R22-048 - Appoint a City Commission
representative and alternate to the Coalition of Boynton West Residents
Association (COBWRA). (Tabled from the April 5, 2022 City Commission
Meeting.)
Motion
Commissioner Hay motioned to remove Proposed Resolution No. R22-048 from the table.
Vice Mayor Cruz second the motion. The motion passed unanimously.
Commissioner Turkin nominated himself as the representative to the Coalition of Boynton
West Residents Association (COBWRA). Commissioner Penserga nominated himself as
the alternate representative to the Coalition of Boynton West Residents Association
(COBWRA).
Motion
G. Proposed Resolution No. R22-049 - Appoint a City Commission
representative and alternate to the Palm Beach County League of Cities.
(Tabled from the April 5, 2022 City Commission Meeting.)
12
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City Commission
Boynton Beach, FL April 19, 2022
Motion
Commissioner Hay motioned to remove Proposed Resolution No. R22-049 from the table.
Vice Mayor Cruz second the motion. The motion passed unanimously.
Commissioner Hay nominated himself as the representative to the Palm Beach County
League of Cities. Commissioner Turkin nominated himself as the alternate representative
to the Palm Beach County League of Cities.
H. Proposed Resolution No. R22-050 - Appoint a City Commission
representative and alternate to the Transportation Planning Agency
(Formerly known as the MPO, Metropolitan Planning Organization). (Tabled
from the April 5, 2022 City Commission Meeting.)
Motion
Commissioner Hay motioned to remove Proposed Resolution No. R22-050 from the table.
Vice Mayor Cruz second the motion. The motion passed unanimously.
Vice Mayor Cruz nominated herself as the representative to the Transportation Planning
Agency. Commissioner Hay nominated himself as the alternate representative to the
Transportation Planning Agency.
I. Staff is requesting to schedule an informational American Rescue Plan
Act (ARPA) and Spending Framework Workshop with the City
Commission on Tuesday, May 17, 2022 from 3-5 p.m.
The Commission discussed their schedules. By consensus, the workshop for
was scheduled for May 18, 2022 from 5:30-7:30 p.m.
J. Staff is requesting City Commission approval to remove the below item
from the agenda:
Consideration of a Special City Commission Meeting to accept staff ranking
of applications to the Notice of Funding Opportunities (NOFOs) for use of
the City's American Rescue Plan Act (ARPA) funds and to award funds
based upon application eligibility and proposed programming. (Tabled from
the March 15, 2022 City Commission Meeting.)
There was Commission discussion and consensus to keep this item listed on the
agenda.
K. FY 2022/2023 budget workshops are scheduled to be held July 11-13,
2022 in the Police Department Community Room, 2100 High Ridge
Road.
13
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Meeting Minutes
City Commission
Boynton Beach, FL April 19, 2022
Following last year's format and schedule we offer the following:
Monday, July 11, 2022: Beginning at 5:30pm
Tuesday, July 12, 2022: Beginning at 10:00 am
Wednesday, July 13, 2022: Beginning at 2:00 pm (if needed)
The City Commission will also consider and adopt a Preliminary Fire
Assessment Rate Resolution and a Tentative Millage Rate Resolution at
these Workshops.
There was a consensus to start the meetings on Monday, July 11, 2022 and on
Tuesday, July 12, 2022 at 10:00 a.m. and if needed to start the meeting on
Wednesday, July 13, 2022 at 5:30 p.m.
6. Consent Agenda
Matters in this section of the Agenda are proposed and recommended by the City Manager
for "Consent Agenda" approval of the action indicated in each item, with all of the
accompanying material to become a part of the Public Record and subject to staff comments
A. Approve the Piggy -back of the State of Florida Alternate Contract
#43211500-WSCA- 1 5 -ACS for the purchase of Dell workstations,
Monitors, and accessories from Dell Marketing LP of Round Rock, TX
in an amount not to exceed $64,786.49.
Commissioner Hay pulled item
Commissioner Hay inquired about what happens to the old computers and expressed
interest in providing them to those in need in our community. Assistant City Manager
Matos explained they are donated to Seeding Access. She said that she will speak with
them about the specifics of how they distribute the computers to determine if they meet
expectations about providing them to the community or if an alternative is needed.
Motion
Commissioner Hay moved to approve Item 6A. Vice Mayor Cruz seconded the motion.
The motion passed unanimously.
B. Proposed Resolution No. R22-059 - Approve and authorize the City
Manager to sign a Contract with the list of the top ranked qualifiers as
determined by the Evaluation Committee from the submissions
received in response to the "Request for Qualifications for Cured -In -
Place Pipe Lining (CIPP), RFQ No. UTL22-013, as pre -qualified
Contractors with the skills, experience and requisite products needed
14
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Meeting Minutes
City Commission
Boynton Beach, FL April 19, 2022
to successfully perform Cured -In -Place Pipe Lining.
C. Approve the purchase of one (1) replacement Thompson Pump that was
approved in the FY21-22 budget for an estimated amount of $60,035.00
by utilizing the following contract: Florida Sheriffs Association, FSA20-
EQU 18.0.
D. Approve the one-year extension for RFPs/Bids and/ or piggy -backs for
the procurement of services and/or commodities under $100,000 as
described in the written report for April 19, 2022 - "Request for
Extensions and/or Piggybacks."
E. Legal Expenses - February 2022 - information at the request of the City
Commission. No action required.
F. Approve minutes from the April 5, 2022 City Commission meeting.
Motion
Vice Mayor Cruz moved to approve the remainder of the Consent Agenda. Commissioner
Hay seconded the motion. The motion passed unanimously.
7. Consent Bids And Purchases Over $100,000
A. Approve the one-year extension for RFPs/Bids and/ or piggy -backs for
the procurement of services and/or commodities over $100,000 as
described in the written report for April 19, 2022 - "Request for
Extensions and/or Piggybacks."
B. Approve an increase to the GovermentJobs.com d/b/a NEOGOV for a
total amount not to exceed $110,000.00 for the City's HR Software
which supports the organization through the entire employee lifecycle,
automating applicant tracking, onboarding, training, performance, form
and policy management, and a Govern mentJobs.com subscription.
Motion
Commissioner Hay moved to approve Consent Bids and Purchases Over $100,000. Vice
Mayor Cruz seconded the motion. The motion passed unanimously.
8. Public Hearing 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.
15
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Meeting Minutes
City Commission
Boynton Beach, FL April 19, 2022
A. Proposed Ordinance 22-012 - Second Reading - Approval of Ordinance
amending the Commission voting district boundaries. This is done in
accordance with requirements outlined in the City Charter. Redistricting
takes place every 10 years, each time after the US Census is
completed.
9. City Manager's Report
A. The City Manager will provide a status update on the City
Commission's request for the City to solicit a proposal from the Palm
Beach County Sheriff's Office for a potential merger.
B. City staff to provide presentation on the Performance Management
Transparency portal on the City's website.
10. Unfinished Business - None
11. New Business
A. Approve request for Master Plan Modification (MPMD 22-001) for
Shalimar at Boynton Beach to establish project density and intensity,
maximum building heights, land use distribution, and vehicle pedestrian
circulation design. Applicant: Rene Gutierrez, TM Residential LLC.
Approve request for New Major Site Plan (NWSP 22-001) for Shalimar
at Boynton Beach to allow the construction of a mixed-use
development consisting of 250 residential units, two (2) 2,150 square
foot retail buildings, a 9,850 square foot clubhouse, and associated
site improvements. Applicant: Rene Gutierrez, TM Residential LLC.
B. Discussion regarding reviewing the City Manager's employment with the City of
Boynton Beach.
Motion
Mayor Penserga moved to terminate the City Manager, Lori LaVerriere, effectively
immediately. Commissioner Turkin second the motion. The motion passed 4-1,
Commissioner Hay rescinding.
12. Lecial
A. Proposed Resolution R22-060 - Approve the revised American Rescue
Plan Act (ABPA) Subrecipient Agreement between the City of Boynton
Beach and Wells Landing Apartments, LLC., in the amount of
$500,000.00 of ABPA funds for the affordable housing development's
increased construction costs due to the COVID-19 public health
T
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City Commission
Boynton Beach, FL April 19, 2022
emergency.
Motion
Commissioner Hay moved to approve proposed resolution R22-060. Vice Mayor hay
seconded the motion. The motion passed unanimously.
Proposed Resolution R22-061 - Approve and authorize the Mayor to
sign the Consent and Funding Agreement from the Lender, T.D. Bank, for
the Wells Landing Apartments, LLC. affordable housing project and all
documents necessary to effectuate this transaction.
Motion
Commissioner Hay moved to approve proposed resolution R22-061. Vice Mayor hay
seconded the motion. The motion passed unanimously.
13. Future Agenda Items — None
14. Adjournment
There being no further business to discuss, the meeting was adjourned at 10:20 P.M.
ATTEST:
17
CITY OF BOYNTON BEACH
Mayor — Ty Penserga
Vice Mayor — Angela Cruz
Commissioner — Woodrow L. Hay
Commissioner — Thomas Turkin
Commissioner — Aimee Kelley
Page 93 of 106
Meeting Minutes
City Commission
Boynton Beach, FL April 19, 2022
Crystal Gibson, MMC
City Clerk
Tammy L. Stanzione
Deputy City Clerk
18
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8.A.
Public Hearing
5/3/2022
City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 5/3/2022
Requested Action by Commission:
Proposed Ordinance 22-012 - Second Reading - Approval of Ordinance amending the Commission voting
district boundaries.
This is done in accordance with requirements outlined in the City Charter. Redistricting takes place every 10
years, each time after the US Census is completed.
(Continued from the April 19, 2022 City Commission Meeting.)
Explanation of Request:
At the City Commission meeting held on March 1, 2022, the City Commission considered options for
redistricting presented by Florida Atlantic University. Formal adoption of the ordinance with the legal
description of the new district boundaries is now necessary.
How will this affect city programs or services? None
Fiscal Impact: None
Alternatives: None. Once selected the legal descriptions need to be codified.
Strategic Plan:
Strategic Plan Application:
Climate Action Application:
Is this a grant?
Grant Amount:
Attachments:
Type
D 0rdliirnai ncna
D 1.....ocallli ll) II'Vlalra
Description
Oirdlinaric(-, alpproviing 2022 iredistricting
I. �ou.an"ndarlies
2022 District Mal
Page 95 of 106
I ORDINANCE NO. 22-
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 FLORIDA AMENDING CHAPTER 2. ADMINISTRATION.
5 ARTICLE III. ELECTIONS. SECTION 2-41. VOTING
6 DISTRICTS, OF THE CODE OF ORDINANCES,
7 ESTABLISHING REVISED REDISTRICTING
8 BOUNDARY MAPS; PROVIDING FOR CONFLICTS,
9 SEVERABILITY, CODIFICATION AND AN EFFECTIVE
10 DATE.
11
12 WHEREAS, pursuant to Article I, "In General", Section 3(g) of the Charter of the
13 City of Boynton Beach, the geographic boundaries for each of the four (4) voting districts of
14 the City Commission have been revised; and
15 WHEREAS, the City Commission deems the adoption of this Ordinance to be in the
16 best interests of the citizens and residents of the City of Boynton Beach, Florida;
17 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
18 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
19 Section 1. The foregoing whereas clauses are true and correct and are now ratified
20 and confirmed by the City Commission.
21 Section 2. Chapter 2. Administration, Article III, Section 2-41 is hereby amended
22 by deleting (1), (2), (3) and (4) in their entirety, and adding a revised (1), (2), (3) and (4) as
23 follows:
24 District 1
25 COMMENCING at the centerline intersection of Boynton Beach Boulevard and the
26 centerline of Interstate 95 (S.R. 9); thence run westerly along the centerline of Boynton Beach
27 Boulevard to the centerline intersection of SW 8th Street and the POINT OF BEGINNING;
28 thence run southerly along the centerline of SW 8th Street to the centerline intersection of
29 Woolbright road; thence run easterly along the centerline of Woolbright Road to the
30 centerline intersection of Interstate 95 (S.R. 9); thence run southerly along the centerline of
31 Interstate 95 (S.R. 9) to the city's southern corporate limits; thence run westerly along the
32 city's southern corporate limits to the city's western corporate limits; thence run northerly,
33 easterly and northerly alon the he city's western corporate limits to a point on the centerline of
34 Gateway Boulevard; thence run easterly along the centerline of Gateway Boulevard to the
35 centerline intersection of Congress Avenue; thence run southerly along the centerline of
36 Congress Avenue to the centerline intersection of Renaissance Drive; thence run easterly
37 along the centerline of the Renaissance Drive to the centerline intersection of the Lake Worth
38 Drainage District (LWDD) Equalization (E) 4 Canal; thence run southerly along the
39 centerline of the Lake Worth Drainage District (LWDD) Equalization (E) 4 Canal to the
S:ACA\Ordinances\Approving 2022 redistricting boundaries - Ordinance.docx Page 96 of 106
= I mm m
ii r i i i'Wl
4 District 2
5 COMMENCING at the centerfine intersection of BoyLiton Beach Boulevard and the
6 centerline of Interstate 95 (S.R. 9); thence run westerly along the centerline of rn Beach
7 Boulevard to the centerline intersection of Old Boyqton Road and the POINT OF
8 BEGINNING; thence run northerly, northwesterly and westerly along the centerfine of Old
9 Boy!2ton Road to the centerline of the Lake Worth Drainage District (LWDD) Equalization
10 (E) 4 Canal, thence run northerly along the centerline of the Lake Worth Drainage District
11 (LWDD) Equalization (E) 4 Canal to the centerfine intersection of Gatewu Boulevard;
12 thence run easterly, northeasterly and easterly to the centerline intersection of Interstate 95
13 (S.R. 9); thence run northerly along the centerfine of Interstate 95 (S.R. 9) to the ci!y's
14 northem colporate limits; thence run easterly, southerly and easterly along the city's northem
15 colporate limits to the centerfine intersection of the Intracoastal Waterwqy, thence run
16 southerly along the centerfine of the Intracoastal Waterway to the centerlm'e of the eastg Ul
17 extension of BoMton Beach Boulevard; thence westerly along the centerline of said easIgLly
18 extension and centerfine of Boynton Beach Boulevard to the POINT OF BEGINNING.
19
S:\CA\Ordinances\Approving 2022 redistricting boundaries - Ordinance.docx Page 97 of 106
2 of Interstate 95 (S.R. 9); thence southerly along the centerline intersection of Interstate 95
3 (S. R. 9} to the POINT OF BEGINNING.
4
5 Section 3. All laws and ordinances applying to the City of Boynton Beach in
6 conflict with any provisions of this ordinance are hereby repealed.
7 Section 4. Should any section or provision of this Ordinance or any portion
8 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not
9 affect the remainder of this Ordinance.
10 Section 5. Authority is hereby given to codify this Ordinance.
11 Section 6. This Ordinance shall become effective immediately.
12 FIRST READING this 5th day of April, 2022.
13 SECOND, FINAL READING AND PASSAGE this 19th day of April, 2022.
14
15 CITY OF BOYNTON BEACH, FLORIDA
16
17 YES NO
18 Mayor — Ty Penserga
19 Commissioner — Angela Cruz
20 Commissioner — Woodrow L. Hay
21 Commissioner — Thomas Turkin
22 Commissioner — District 4 - Vacant
23 VOTE
24 ATTEST:
25
26 Crystal Gibson, MMC
27 City Clerk
28
29
30
31 (Corporate Sea])
S:ACA\Ordinances\Approving 2022 redistricting boundaries - Ordinance.docx Page 98 of 106
12.A.
Legal
5/3/2022
Requested Action by Commission: Approval of request from the City Attorney for private attorney-client
session of the City Commission pursuant to Section 286.011(8), Florida Statutes, to discuss pending litigation
in the following case:
CITY OF BOYNTON BEACH, a Florida municipal corporation, Plaintiff, vs. JKM BTS
CAPITAL, LLC., Defendant — Palm Beach County Circuit Court Case Number: 50-
2020CA012780-XXXX-M B
Explanation of Request:
In attendance will be the City Attorney James Cherof, Assistant City Attorney Donald J. Doody, Assistant
City Attorney Gal Betesh, Assistant City Attorney Sean Swartz, Special Litigation Counsel Thomas Baird and
Joanne O'Connor, Interim City Manager Jim Stables, a Court Reporter, the Mayor and City Commission.
Some participants may attend telephonically or by communications media technology (CMT). Approximately
90 minutes will be needed.
This item was previously approved and is now coming back as a matter of procedure as the Commission
District Seat 4 vacancy has now been filled and for the Commission to approve changes to the list of
attendees and to confirm a time and date for the private attorney-client session.
How will this affect city programs or services? n/a
Fiscal Impact: The cost of a Court Reporter which is budgeted.
Alternatives: None.
Strategic Plan:
Strategic Plan Application:
Climate Action Application:
Is this a grant?
Grant Amount:
Attachments:
Page 100 of 106
Ty pe
Me -TIO
Description
Ulpdated IMeirno n (,,qu(.,,,,Alin g a closed door session
on JDill Illi6gaboin
Page 101 of 106
CITY OF BOYNTON BEACH
City Attorney's Office
MEMORANDUM
TO: Honorable Mayor and City Commission
Jim Stables, Interim City Manager
FROM: James A. Cherof, City Attorney
DATE: April 28, 2022
RE: Updated Request for Private Attorney -Client Session
Pursuant to Section 286.011(8), Florida Statutes, I am requesting a private attorney-client
session of the City Commission to discuss pending litigation in the following case:
CITY OF BOYNTON BEACH, a Florida municipal corporation, Plaintiff,
vs. JKM BTS CAPITAL, LLC., Defendant — Palm Beach County Circuit
Court Case Number: 50-2020CAO12780-XXXX-MB
In attendance will be the City Attorney James Cherof, Assistant City Attorney Donald J.
Doody, Assistant City Attorney Gal Betesh, Assistant City Attorney Sean Swartz, Special
Litigation Counsel Thomas Baird and Joanne O'Connor, Interim City Manager Jim
Stables, a Court Reporter, the Mayor and City Commission. Some participants may attend
telephonically or by communications media technology (CMT). We will need
approximately 90 minutes.
The time and date of this private attorney-client session will be set by the City Commission
at the May 3, 2022 City Commission meeting.
SXATOMWUpdated Request For Ex Session - (JKM) (05032022).Docx
Page 102 of 106
13.A.
Future Agenda Items
5/3/2022
Requested Action by Commission: The City's external auditors will present the Fiscal Year 2021 financial
statements. - May 17, 2022
Explanation of Request:
How will this affect city programs or services?
Fiscal Impact:
Alternatives:
Strategic Plan:
Strategic Plan Application:
Climate Action Application:
Is this a grant?
Grant Amount:
Attachments:
Page 103 of 106
13. B.
Future Agenda Items
5/3/2022
Requested Action by Commission: Commission discussion of potential height limitations at the request of
Commissioner Turkin. - May 17, 2022
Explanation of Request:
How will this affect city programs or services?
Fiscal Impact:
Alternatives:
Strategic Plan:
Strategic Plan Application:
Climate Action Application:
Is this a grant?
Grant Amount:
Attachments:
Page 104 of 106
13.C.
Future Agenda Items
5/3/2022
Requested Action by Commission: Commission discussion on adding a dog park in District I I I at the
request of Commissioner Turkin. - May 17, 2022
Explanation of Request:
How will this affect city programs or services?
Fiscal Impact:
Alternatives:
Strategic Plan:
Strategic Plan Application:
Climate Action Application:
Is this a grant?
Grant Amount:
Attachments:
Page 105 of 106
13. D.
Future Agenda Items
5/3/2022
Requested Action by Commission: Commission discussion on changing the start time for City
Commission meetings to 6:00 p.m. at the request of Commissioner Turkin - May 17, 2022
Explanation of Request:
How will this affect city programs or services?
Fiscal Impact:
Alternatives:
Strategic Plan:
Strategic Plan Application:
Climate Action Application:
Is this a grant?
Grant Amount:
Attachments:
Page 106 of 106