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Minutes 03-05-24 Minutes of the City Commission Meeting Held Online and In-Person at the City Hall Commission Chambers 100 East Ocean Avenue, Boynton Beach, Florida On Tuesday, March 5, 2024, at 6:00 P.M. Present: Vice Mayor Thomas Turkin Dan Dugger, City Manager Commissioner Angela Cruz Shawna Lamb, City Attorney Commissioner Woodrow L. Hay Tammy Stanzione, Deputy City Clerk Commissioner Aimee Kelley 1. Openings A. Call to Order- Mayor Ty Penserga Mayor Penserga called the meeting to order at 6:04 P.M. Roll Call. City Attorney Shawna Lamb, called the roll. A quorum was present. Invocation by Commissioner Woodrow Hay. Invocation was given by Commissioner Hay. The Pledge of Allegiance to the Flag led by Commissioner Woodrow Hay. The Pledge of Allegiance was led by Commissioner Hay. Agenda Approval: 1. Additions, Deletions, Corrections Kathryn Matos, Assistant City Manager, explained that there were two items to be added to the Consent Agenda, Resolutions R24-50 and R24-051, which were artist agreements. There were no objections from the City Commission to add these items to the agenda. Dan Dugger, City Manager, requested that Item #9B be heard before public comment. There were no objections from the City Commission. Commissioner Kelley requested an addition to Future Agenda Items, a discussion on quarterly reports regarding administrative projects. There was a consensus that a discussion was not needed and to add the item to the agenda. City Commission Meeting Boynton Beach, FL March 5, 2024 2. Adoption Motion: Commissioner Cruz moved to approve the agenda as amended. Commissioner Hay seconded the motion. The motion passed unanimously. 2. Other A. Information Items by members of the City Commission. City Commissioners to disclose any informational items to the public. Commissioner Cruz had nothing to disclose. Commissioner Hay pointed out the successful burning of the Ordinances 37, 47, and 136. He thanked the Fire Department, Police Department, and all participants for being a part of the event. He noted they made national news and are a model City. Commissioner Kelley recognized the events staff for the combination First Friday and St. Patrick's Day event. She agreed with Commissioner Hay on the burning event and the nice turnout. Vice Mayor Turkin thanked staff for the community forums at Marina Village, Sterling Village, and Forest Park. Mayor Penserga echoed the sentiments about the ordinance burning. 3. Announcements Community and Special Events and Presentations A. Recognition of Sponsors and Partners for Magic Wheels and Special Deals and Barrier Free 5K. The City of Boynton Beach Recreation & Parks Department hosted the annual Joe DiMaggio Children's Health Specialty Center Magic Wheels & Special Deals event. At this time, the City of Boynton Beach would like to acknowledge Joe DiMaggio Children's Health Specialty Center for its donation, as the event's title sponsor, Chariots on Ice, and Littlewolf Carpentry for their construction of this year's Magic Wheels and the Greater Boynton Beach Foundation and the Broward, Palm Beaches & St. Lucie Realtors group for hosting the Barrier Free 5K that supports Congress Avenue Barrier Free Park. Mayor Penserga acknowledged the Joe DiMaggio Children's Health Specialty Center for its donation, as the event's title sponsor, Chariots on Ice, and Littlewolf Carpentry for their construction of this year's Magic Wheels. He thanked the Greater Boynton Beach Foundation, and the Broward, Palm Beaches & St. Lucie Realtors group for hosting the Barrier Free 5K that supports Congress Avenue Barrier Free Park. Stephanie Soplop, Recreation Facility Coordinator, thanked the community partners and 2 City Commission Meeting Boynton Beach, FL March 5, 2024 sponsors. She presented plaques to representatives from Chariots on Ice and Littlewolf Carpentry, and displayed a picture of the Magic Wheels. Valerie Mathew spoke about the space shuttle design and recipient of the Magic Wheels. B. Proclamation- Let's Move Palm Beach County Month. Mayor Penserga will read the proclamation into the record. The proclamation will be accepted by Cassy Romelus, Director of Operations of Digital Vibez, Inc. Mayor Penserga read the proclamation into the record. Cassy Romelus, Director of Operations of Digital Vibez, Inc., accepted the proclamation and spoke about the organization's mission. Commissioner Cruz requested a proclamation on Women's Month for the first meeting in April. 98. Fiscal Year 23-24 Capital Improvement Plan Update. Presentation by the by the Public Works Department, Grants Department, and Utilities Department to provide an update on projects in this year's Capital Improvement Plan. Mario Guzman, Director of Public Works, provided a CIP update and road paving initiatives. He noted they would be providing the updated quarterly. He acknowledged the city's Project Managers and thanked Chief Bruder. He presented the following: Agenda; 303 Fund (Surtax) — Source of Funding; 303 Fund (Surtax) Line Accounts; 302 Fund (Capital Improvements); 302 Fund Source; 302 Fund Projects; Selection Criteria; Scoring Scale; Project Sheet (Example); Recreation and Parks Project; Road Enhancements; Selection Dynamics; Linear Lane Fee A Roads; Completed Projects; Boynton Beach Boulevard Extension; and Current Projects. Commissioner Cruz asked about paving for Cherry Hill. Mr. Guzman clarified that paving for Cherry Hill begins Monday and should be completed by April. Commissioner Cruz asked about Golfview Harbor. Mr. Guzman explained that project has more behind the scenes engineering work for drainage, and Utilities has additional projects occurring in the neighborhood. He added that they are working with Finance to go out to bid within the next two funds because it utilized ARPA funding. Vice Mayor Turkin left the dais at 6:53 P.M. returned at 6:55 P.M. City Manager Dugger left the dais at 6:56 P.M. returned at 6:59 P.M. 3 City Commission Meeting Boynton Beach, FL March 5, 2024 Commissioner Cruz requested monthly updates of Golfview Harbor Project. Vice Mayor Turkin said that the map is a bit misleading because only one road in Chapel Hill was completed this month. Mr. Guzman continued the presentation and reviewed the following: Road Enhancement Recap; Road Enhancement Budget; and Estimated $365K for FY 2025 — Additional Funds. City Manager Dugger stated that there were two additional presentations. There was consensus to limit the presentations to 10 minutes each. Mirna Crompton, Grants Manager, presented on the following: CIP Projects Funding; CIP Grants Total: $28,268,446; Hester Center LISC-NFL Grant; Grants in Process—Awarded; Submitted Applications for CIP Projects; and Upcoming CIP Project Applications: $2,075,990. Commissioner Hay asked about emerging contaminants and drinking water. Poonam Kalkat, Utilities Director, explained that the grant is for planning and design, for emerging contaminants like PFAS based on the standards set by the EPA. Dr. Kalkat presented on the following: FY 23-23 Capital Improvement Program; Water Supply and Treatment Projects; East Water Treatment Plant-Structural Repairs and Variable Frequency Drive (VFD) Replacement; Neighborhood Projects — Include Water, Wastewater & Stormwater Infrastructure; Lakeside Gardens Improvements; Coquina Cove Drainage Improvements; Wastewater Collection System Improvement Projects; Lift Station 410 and 414 Force Main Extension; Stormwater and Drainage Improvement Projects; and Studies and Master Planning. Commissioner Kelley left the dais at 7:25 P.M. and returned at 7:30 P.M. Commissioner Hay asked about working with Doug Levine. Ms. Kalkat explained that they work with him when there are impacts. 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). Susan Oyer thanked Mr. Guzman for the beautification efforts. She noted that the streetlights on NW 11th Avenue are an odd shade of blue and purple. She wondered if the code was changed back, because she said that those lights cause cancer. She asked what was happening with the trees on Woolbright Road, because her group 4 City Commission Meeting Boynton Beach, FL March 5, 2024 donated many of the trees and they should be relocated closer to the canal. Harry Woodworth commented on the Sterling Village Meeting, and suggested that they have more meetings like that, and tie it to strategic planning. He stated that looks and aesthetics matter in successful cities and Boynton Beach needs to be cleaned up. Donald Arca said that he read the report on the firing of the former Human Resources Director. He asked that the members on the dais, who were still supporting the person for their campaign in Delray Beach, to withdraw their support. He noted that one member already has. Navi Gabeer spoke about the situation on South Circle Drive and accidents on the street. He said that the residents have been widening their driveways themselves but they have received notices that the pavers are against the building codes. He noted that the street is narrow and asked for a resolution. Jackie Mond reminded the City Commission that all government employees need to complete Form 6 and make it available to the public. She stated that they do not want a Mayorship and want the City Commissioner to be their voice. She noted that the 5-G towers need to be reduced, the rainbow flag, the 666 benches, and the black lives matter fist all removed. She asked for the Public Works Director to show where all the money is going. She agreed with Ms. Oyer about the blue lights. She stated that she is against the big statute being installed on Congress Avenue. Cindy Falco DiCorrado stated that she was disturbed by the meeting that occurs once a month at the Colony hotel and sexual activity that occurs. She noted that Sunshine Law violations could be occurring. She said that it appears the City of Boynton Beach is supporting a candidate that was fired from the City, and that a member of the dais was photographed with Victory Funding and LGBTQ people running for office. She said that it is not about skills anymore and only about sexual preference. Eric Pardy said that the rainbow flag painted on the street is confusing to children. He spoke about shooting by trans people. He stated that there are only two genders at birth. He does not support it being forced down their throats and is causing children to be confused. He also noted that all lives matter. Tennille DeCoste said that she is not criminally charged with anything. She stated that she sent each member of the City Commission an email advising them of the loopholes of the investigation. She noted that she has two decades of being a Human Resources Director with no issues. She said that City Manager Dugger stated that the City Attorney will not stop until she is gone. She suggested that the City Manager lied and this is a bias situation. She stated that she stands on her ethics and her perfect record for two decades. She said that the wrong City Manager and City Attorney are sitting on the dais. Clarence Freedman said that he has lived with racism his whole life, which is the worst disease. He noted that he came in front of the City Commission twice before and both 5 City Commission Meeting Boynton Beach, FL March 5, 2024 were for serious issues. He recommended that they need to deal with people who think they are untouchable and do anything they want to do to people of color. He said that they need to look in the mirror and stop this nonsense. Mayor Penserga asked for a member of the audience to be removed. John Dames said that he wants to discuss several items concerning Ms. DeCoste. He asked that if it was true, then why was Ms. DeCoste was not arrested for using a credit card without authorization. He said that the City offered her $100K to remain quiet. He stated that they fired the people that Ms. DeCoste hired too. Wesley Schuyler stated that the Mayor needs to do his own investigation, and that this issue is dividing the City. He asked why they fired all these people because of one bad apple. He noted that the person hired to do the investigation is in cahoots with the City Attorney. He recommended that the Mayor set the standard for the City. He stated that the City Manager released false information, and asked for him to be suspended without pay. Pastor Ray Whitely noted that there is a lot of he said, she said, information. He advocated for an unbiased investigation. He stated that this is a deliberate attempt to assassinate Ms. DeCoste's character and it is not right. Bryce Graham stated that he needs to keep coming back to Boynton Beach. He said that vows have been made to certain people, and candidates and the promises are being broken. He noted that attacking a black woman based off political ploys is unacceptable and something is wrong in Boynton Beach. He stated that people have a voice and power, and asked that the City to right their wrongs, or a try movement will come to Boynton Beach. He mentioned that he has been in contact with DOJ to investigate the City of Boynton Beach. Ernest Mignoli said that he lives in a criminal place and has been falsely arrested and jailed. He noted that the Police threaten him and banged on his door. He explained that they are using the Police force to inflict violence on people. There were no virtual comments. Mayor Penserga closed public comment. 5. Administrative None 6. Consent Agenda A. Proposed Resolution No. R24-040- Approve the one-year extension for RFPs/RFQs/Bids and/or piggy-backs for the procurement services and/or 6 City Commission Meeting Boynton Beach, FL March 5, 2024 commodities under $100,000 as described in the written report for March 5, 2024 - " Request for Extensions and/or Piggy-Backs." Staff recommends approval of Proposed Resolution No. R24-040. B. Proposed Resolution No. R24-041- Approve and authorize the Mayor to sign the Interlocal Agreement (ILA) between the CRA and the City of Boynton Beach regarding Circuit Transit, Inc., for the BBCRA Pilot Ride Share Program. Staff recommends approval of Proposed Resolution No. R24-041. C. Proposed Resolution No. R24-042- Approve and authorize the City Manager to sign an Agreement with Elite Medical Specialists, LLC, of Jupiter, Florida, for Medical Director for Fire Rescue Services. Staff recommends approval of Proposed Resolution No. R24-042. D. Proposed Resolution No. R24-043- Approve the Memorandum of Understanding (MOU) between the City of Boynton Beach and SEIU Florida Public Services Union, CTW, CLC White Collar Unit regarding adding the language for the new group insurance retroactively effective October 1 , 2023. Proposed Resolution No. R24- 044- Approve the Memorandum of Understanding (MOU) between the City of Boynton Beach and SEIU Florida Public Services Union, CTW, CLC Blue Collar Unit regarding adding the language for the new group insurance retroactively effective October 1, 2023. Staff recommends approval of Proposed Resolution No. R24-043 and Resolution No. R24-044. E. Proposed Resolution No. R24-045- Approve and authorize the City Manager to sign a Memorandum of Understanding (MOU) as an addendum to the White Collar SEIU Collective Bargaining Agreement, between the City of Boynton Beach and SEIU Florida Public Services Union, CTW, CLC White Collar Unit regarding wages and classifications for the Communication Dispatch Division of the Police Department. Staff recommends approval of Proposed Resolution No. R24-045. F. Proposed Resolution No. R24-046- Authorize the City Manager to approve the grant application, accept the grant, and execute all documents associated with the grant, subject to the approval of the City Attorney, for the Assistance to Firefighters Grant (AFG). Staff recommends approval of Proposed Resolution No. R24-046. 7 City Commission Meeting Boynton Beach, FL March 5, 2024 G. Proposed Resolution No. R24-047- Approve a change order/increase for PO 220577 - Duval Ford for $48,303.00 for a total amount of $73,046.95 plus a 22% contingency for vehicle increases, should this vehicle no longer be available and a newer model be delivered. Staff recommends approval of Proposed Resolution No. R24-047. H. Commission Meeting Minutes. Approve minutes from the February 6, 2024 and February 20, 2024 Commission Meetings. I. Proposed Resolution No. R24-050- Mural Artist Agreement with Eduardo Mendieta for Unity Project. J. Proposed Resolution No. R24-051- Mural Artist Agreement with Craig McInnis for Unity Project Commissioner Hay pulled Item #6B. Motion: Commissioner Kelley moved to approve the remainder of the consent agenda. Commissioner Cruz seconded the motion. The motion passed unanimously. 6B. Proposed Resolution No. R24-041- Approve and authorize the Mayor to sign the Interlocal Agreement (ILA) between the CRA and the City of Boynton Beach regarding Circuit Transit, Inc., for the BBCRA Pilot Ride Share Program. Staff recommends approval of Proposed Resolution No. R24-041. Adam Temple, Assistant City Manager, said that this a CRA item, and that the CRA Board approved the contract with Circuit, to provide all electric on-demand transportation services within the CRA boundary. He reviewed the routes and financial contribution. Commissioner Hay asked about the area outside the CRA District. Mr. Temple replied that they budgeted $60K. Commissioner Hay asked if tips will be collected. Mr. Temple stated he could not answer that specific question. Commissioner Hay inquired about the start date of the program. Andrew Mack, Deputy City Manager, stated that this is a CRA project and the City 8 City Commission Meeting Boynton Beach, FL March 5, 2024 Commission's participation is financial at this point. He said that the charging stations should be installed in March or April and the program begins in May. He added that they advertise on the vehicles as well, which will help to offset costs. Commissioner Hay asked if there are plans to go outside the CRA District. Mr. Mack replied that they are piloting the program, in order to determine the benefits, before looking into expanding out west. He added that they anticipate bringing forth something with the budget, in order to expand out to the Tri-Rail. Motion: Commissioner Hay moved to approve Resolution No. R24-041 . Commissioner Kelley seconded the motion. The motion passed 4-0, Commissioner Cruz stepped away from the dais and did not vote. 7. Consent Bids and Purchases over $100,000 A. Proposed Resolution No. R24-048-Approve the Piggyback of Town of Jupiter Island/South Martin Regional Utility Contract for Continuing Well Maintenance and Rehabilitation Services and authorize the City Manager to sign the piggyback agreement between the City and Centerline Drilling, Inc. Staff recommends approval of Proposed Resolution No. R24-048. B. Proposed Resolution No. R24-049- Approve utilizing Lake County, Florida, RFP No. 23-524 and authorize the City Manager to sign an agreement with Tristar Claims Management Services, Inc., of Long Beach, California, for Third-Party Administration Services with an estimated annual cost of $1,200,000. Staff recommends approval of Proposed Resolution No. R24-049. Motion: Vice Mayor Turkin moved to approve the Consent Bids and Purchases over $100,000. Commissioner Hay seconded the motion. The motion passed unanimously. 8. Public Hearing 6 P.M. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Proposed Ordinance No. 24-006- Second Reading and public hearing - An Ordinance of The City of Boynton Beach, Florida, repealing Ordinances 9 City Commission Meeting Boynton Beach, FL March 5, 2024 O#37; O#47, and O#136 and any amendments thereafter, which established and revised segregation in the City of Boynton Beach; providing for conflicts; severability; and an effective date. Staff recommends approval of Proposed Ordinance No. 24-006 on Second Reading. Tammy Stanzione, Deputy City Clerk, read Ordinance No. 24-006 into the record. City Attorney Lamb confirmed that there have been no changes. Commissioner Cruz returned to the dais at 8:15 P.M. Mayor Penserga opened to public comment. No one came forth to speak. He closed public comment. Motion: Commissioner Kelley moved to approve Proposed Ordinance No. 24-006. Vice Mayor Turkin seconded the motion. The motion passed unanimously. 9. City Manager's Report A. Discuss postponing or cancelling the March 19, 2024 Commission Meeting. Due to the March 19th Primary Election, staff would like for the Commission to consider postponing or cancelling the March 19th Commission Meeting. Vice Mayor Turkin requested that a discussion on Legislative break during the summer be added to the next agenda. Motion: Vice Mayor Turkin moved to cancel the March 19, 2024, meeting and to combine those items into the April 2, 2024, meeting. Commissioner Hay seconded the motion. The motion passed unanimously. B. Fiscal Year 23-24 Capital Improvement Plan Update. Presentation by the by the Public Works Department, Grants Department, and Utilities Department to provide an update on projects in this year's Capital Improvement Plan. Item # 9B was heard before Public Audience. 10. Unfinished Business None 10 City Commission Meeting Boynton Beach, FL March 5, 2024 11. New Business None 12. Legal None 13. Future Agenda Items A. Discussion regarding regulations to support local businesses. — April 2, 2024 Discussion requested by Commissioner Cruz. B. Discussion regarding existing regional programs and best practices to combat homelessness in the City. - April 2, 2024 Discussion requested by Commissioner Hay. C. Adoption of the 2023-2028 Strategic Plan for the City of Boynton Beach - TBD Staff recommends approval of the 2023-2028 Strategic Plan. D. Discussion regarding the Art Assessment Fee being allocated to infrastructure instead of public art. - TBD Requested by Vice Mayor Turkin. E. Discussion regarding combining City properties together to create senior affordable housing. - TBD Requested by Mayor Penserga. F. Discussion regarding youth student attendance, at National League of Cities Conference, sponsored by the City. - TBD Requested by Commission Hay. G. Discussion regarding a waiver process and criteria for workforce housing projects. - TBD Requested by Vice Mayor Turkin. H. Discussion regarding infrastructure, specifically paving in the City. - TBD Requested by Vice Mayor Turkin and Commissioner Cruz. I. Discussion regarding Town Square project- planned hotel site. - TBD Requested by Vice Mayor Turkin. 14. Adjournment Motion: Vice Mayor Turkin moved to adjourn the meeting. Commissioner Kelley seconded the motion. The motion passed unanimously. 11 City Commission Meeting Boynton Beach, FL March 5, 2024 There being no further business to discuss, the meeting was adjourned at 8:23 P.M. CITY OF BOYNTON BEACH ATTEST: _ I :-; C61 Tammy L anzione, C Deputy City Clerk - " . NTON 6,1%, �QpRATE ..... . . � % csit SS E : I s•`"192 :A• s .• ,,� .'No It FLOO - 12