The City of
Boynton Beach
City Commission Agenda
Tuesday, August 20, 2024, 6:00 PM
Boynton Beach, FL Logo
 
City Hall Commission Chambers
100 E. Ocean Avenue
Boynton Beach City Commission
Ty Penserga, Mayor (At Large)
Aimee Kelley, Vice Mayor (District IV)
Angela Cruz, Commissioner (District I)
Woodrow L Hay, Commissioner (District II)
Thomas Turkin, Commissioner (District III)
Daniel Dugger, City Manager
Shawna Lamb, City Attorney
Maylee De Jesus, City Clerk
*Mission*
To create a sustainable community by providing exceptional municipal services, in a financially responsible manner.
Text America's Gateway
Facebook logo
Twitter logo
 

www.boynton-beach.org

 

 

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 disrupts 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:


You may watch the meeting via the Live-To-Air 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:


Welcome to Live-To-Air, the City of Boynton Beach's remote contribution platform that allows you to participate in our meetings from anywhere in the world.


To watch the live broadcast, visit the official City of Boynton Beach website.
(https://www.boynton-beach.org) or YouTube channel (https://www.youtube.com/@cityofboynton).


*Presenters, Consultants, and Subject Matter Experts (SME) may join at any time with prior approval.


If you are following the agenda and want to speak specifically during the agenda item labeled “Public comments”, you are permitted to start the connectivity process during the item that precedes public comments to ensure that all contributors are in que, screened and ready when that segment of the agenda is presented, o
r please wait until your topic of concern is being discussed before requesting to join the meeting for public comment. 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 Maylee De Jesús, City Clerk at cityclerk@bbfl.us or (561) 742-6061.


1.

Openings

 

A.

Call to Order - Mayor Ty Penserga

 

Roll Call.

 

Invocation by Reverend Amalie Ash, First Presbyterian Church. 

 

Pledge of Allegiance to the Flag led by Vice Mayor Kelley.

 

Agenda Approval:

     1. Additions, Deletions, Corrections

     2. Adoption

2.

Other

 

A.

Information Items by members of the City Commission.

 

City Commissioners to disclose any informational items to the public. 

3.

Announcements, Community and Special Events And Presentations

 

A. Proclamation- Recognizing Lambda Alpha Alpha Chapter and Sigma Delta Delta Chapter of Omega Psi Phi Fraternity, Inc. for Outstanding Work on the Curb Appeal Project.

 

Mayor Penserga will read the proclamation into the record. The proclamation will be accepted by Jeffery Jones, Esquire Chairperson of the 45th & 50th Year Celebration Committee.

B. Announcement - "Ambitious Archie, Building a Legacy Through Acts of the Heart" book has been written and released by local Boynton Beach residents Tevin Ali & Tania Shindo-Henderson. This new book was recently released on August 2, 2024 and is available on Amazon and in local bookstores.

 

Commissioner Cruz requested this announcement to share with residents. 

C. Presentation by Alannah Irwin, Sustainability & Resiliency Administrator regarding the Living Shoreline project.

 

Requested by Commissioner Turkin.

4.

Public Audience

 

Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission. Speakers will be limited to 3-minute presentations (at the discretion of the Chair, this 3-minute allowance may need to be adjusted depending on the level of business coming before the City Commission).

5.

Administrative

 

A. Ratify Art Advisory Board Chair and Vice-Chair

 

Ratify the selection of the Art Advisory Board Chair and Vice-Chair

B. Community Support Funds.

 

Approve Community Support Funds request from Commissioner Hay

6.

Consent Agenda

 

A. Proposed Resolution No. R24-178- Approving the Event Sponsorship Agreement between the City of Boynton Beach and The ALS Association, Inc. for the 2024 Walk to Defeat ALS Boynton on September 28, 2024 at Centennial Park and Amphitheater.

 

Staff recommends approval of Proposed Resolution No. R24-178.

B. Proposed Resolution No. R24-179- Approving and authorizing the assessment and recording of nuisance abatement liens against properties in the public records of Palm Beach County.

 

Staff recommends approval of Proposed Resolution No. R24-179.

C. Proposed Resolution No. R24-181- Approving a Literacy AmeriCorps Palm Beach County Cooperative Agreement for 2024 - 2025.

 

Staff recommends approval of Proposed Resolution No. R24-181. 

D. Proposed Resolution No. R24-183- Approving an Interlocal Agreement between the City of Boynton Beach and the Village of Golf for the Provision of Fire Rescue and Emergency Medical Services. The term of this Agreement shall be for a period of ten (10) years commencing October 1, 2024 and ending September 30, 2034.

 

Staff recommends approval of Proposed Resolution No. R24-183.

E. Commission Meeting Minutes.

 

Approve minutes from the July 8, 10, and 11, 2024 City Commission Budget Workshop Meetings. 

7.

Consent Bids and Purchases over $100,000

 

A. Proposed Resolution No. R24-180- Approve an increase to the annual expenditure of the State of Florida Agreement #94131608-16-P with PRIDE Enterprises in the amount of $35,000, increasing the estimated annual expenditure from $80,000 to $115,000 for the purchase of recap/retread tires.

 

Staff recommends approval of Proposed Resolution No. R24-180. 

B. Proposed Resolution No. R24-182- Approve Change Order No. 4 to Purchase Order No. 230742 with B&B Underground Construction for the construction of project Bid No. UTL22-036 Dimick Road and Potter Road Utility Stormwater and Water Infrastructure Improvements Project increasing the base contract amount from $3,003,845.89 to $3,017,635.89 and increasing the contingency by $23,034.36 from $100,000 to $123,034.46 for a total contract amount not to exceed $3,140,670.35, and approving a Utility Capital Improvement Fund (403) budget transfer in the amount of $23,034.46.

 

Staff recommends approval of Proposed Resolution No. R24-182.

C. Proposed Resolution No. R24-184- Approve an increase of the annual expenditure from an amount not to exceed $1,200,000 to an amount not to exceed $1,500,000 for the Integrated Supply Agreement for Integrated Business Solutions Services with Genuine Parts Company.

 

Staff recommends approval of Proposed Resolution No. R24-184.

D. Proposed Resolution No. R24-185- Approve a Piggyback Agreement with Motorola Solutions to replace handheld radios, upgrade existing dispatch radio consoles, and purchase two additional dispatch radio consoles in an amount not to exceed $2,406,374.71, which will be paid utilizing a $1,065,185 technology credit with the remaining balance of $1,341,189.71 paid utilizing budgeted dollars.

 

Staff recommends approval of Proposed Resolution No. R24-185.

E. Proposed Resolution No. R24-186- Award Invitation to Bid No. CS24-037 for the Lake Boynton Estates Road Resurfacing and Pedestrian Crossing project to Atlantic Southern Paving and Sealcoating, LLC, and approve a Construction Contract with Atlantic Southern Paving and Sealcoating, LLC, for $1,316,712.95, plus a 10% contingency of $131,671.30, for a total amount of $1,448,384.25. Proposed Resolution No. R24-187- Approving a Capital Appropriation Amendment for Budget Year 2023-2024 for the Lake Boynton Estates Road Resurfacing and Pedestrian Crossing project.

 

Staff recommends approval of Proposed Resolution No. R24-186 and Proposed Resolution No. R24-187.

F. Proposed Resolution No. R24-188- Approve the Second Amendment to the Progressive Design Build Agreement with Globaltech, Inc. in the amount of $7,032,108 for the East Water Treatment Plant Generator Replacement Project- Phase 2B to proceed with the final step of construction in a two-step construction format and approve a Utility Capital Improvement Fund 403 budget transfer based on the Guaranteed Maximum Price negotiated for the construction phase of the Progressive Design Build project.

 

Staff recommends approval of Proposed Resolution No. R24-188.

 

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. 24-014- Second Reading- An Ordinance of the City Commission of the City of Boynton Beach, Florida, amending Ordinance No. 89-38 by amending the future land use map of the City of Boynton Beach, Florida, for a portion of an approximately .60 acre parcel of real property located at 500 northeast 21st avenue, Boynton Beach, Florida, by changing the future land use classification from medium density residential (MEDR) to local retail commercial (LRC); declaring the proposed amendment to the future land use map to be consistent with all other elements of the comprehensive plan of the City; providing for severability, conflicts, and providing for an effective date. Proposed Ordinance No. 24-015- Second Reading- An Ordinance of the City Commission of the City of Boynton Beach, Florida, amending Ordinance No. 02-013 to rezone an approximately .60 acre parcel of real property located at 500 northeast 21st Avenue, Boynton Beach, Florida, from multi-family residential (R3) to neighborhood commercial (C2); declaring the proposed amendment to be consistent with the comprehensive plan of the City; providing for severability, conflicts, and providing for an effective date.

 

Staff recommends approval of Proposed Ordinance No. 24-014 and Ordinance No. 24-015, on Second Reading.

B. Proposed Ordinance No. 24-016- Second Reading- An Ordinance of the City Commission of the City of Boynton Beach, Florida, approving the abandonment of portions of an existing utility easement associated with the Shoppes at Boynton Beach Development Project, located at 2202 N. Congress Avenue; providing an effective date; and for all other purposes.

 

Staff recommends approval of Proposed Ordinance No. 24-016, on second reading.

9.

City Manager’s Report

 

A. Receive update on the status of future agenda items.

 

In order to provide the City Commission and public up to date information with respect to future agenda items, staff have initiated a tracking sheet for all future agenda items.    Attached is the updated tracking sheet as of August 13th, 2024.

B. Budget Status Report for FY2023 - 2024 thru June 2024 (unaudited).

 

Accept the Fiscal Year 2023-2024 Budget Status Report of the General Fund and the Utilities Fund for the nine (9) month period ending June 30, 2024, respectively.

10.

Regular Agenda

 

A. Proposed Ordinance No. 24-012- First Reading- An Ordinance of the City of Boynton Beach, Florida, amending Part II, Chapter 2, "Administration," Article II, "City Manager," Section 2-30 "Powers and Duties Generally," by creating a new subsection "K," authorizing the City Manager to execute certain contracts on behalf of the City; providing for codification, severability, conflicts, and an effective date.

 

Staff recommends approval of Proposed Ordinance No. 24-012, on first reading.

B. Proposed Ordinance No. 24-017- First Reading- An Ordinance of the City Commission for the City of Boynton Beach, Florida, amending the City of Boynton Beach's Code of Ordinances; Chapter 15 "Offenses- Miscellaneous*," Article IX "Community Appearance and Maintenance," Section 15-120 "Minimum Standards for Appearance and Maintenance of Public Property and Private Property;" providing for conflicts, severability, codification; and providing for an effective date.

 

Staff recommends approval of Proposed Ordinance No. 24-017, on first reading.

C. Discussion regarding the preservation of Harvey Oyer Park, located at 2010 N. Federal Highway, Boynton Beach, FL 33435, through a restricted covenant.

 

Discussion requested by Commissioner Turkin. 

D. Commission discussion and presentation by Poonam Kalkat on proposed utility rates and tier revisions for FY 24/25

 

As requested by Commissioner Cruz.

11.

Future Agenda Items

 

A.

Discussion and review of draft cleanliness plan.- September 3, 2024

 

Requested by Mayor Penserga

B.

Discussion regarding formalized Tree Planting Program.- September 3, 2024

 

Requested by Mayor Penserga.

C.

Discussion regarding youth student attendance, at National League of Cities Conference, sponsored by the City.- September 3, 2024

 

Requested by Commission Hay.

D.

Discussion regarding infrastructure, specifically paving in the City. - September 3, 2024

 

Requested by Commissioner Turkin and Commissioner Cruz.

E.

Update on funds from the settlement with Town Square. - September 3, 2024

 

Requested by Mayor Penserga.

F.

Update on ARPA Funds. - September 3, 2024

 

Requested by Mayor Penserga.

G.

Discussion regarding adding a Sister City from Ireland. - October 1, 2024

 

Requested by Vice Mayor Kelley.

H.

Update on upgrades to water treatment plants to meet future drinking water regulations.- October 15, 2024

 

Requested by Mayor Penserga.

I.

Discussion regarding additional digital signs. - December 3, 2024

 

Requested by Commissioner Hay.

J.

Discussion regarding Procurement Policies and Procedures, including local business preference. - December 3, 2024

 

Requested by Mayor Penserga and Commissioner Cruz.

K.

Discussion regarding City entry way signage. - January 21, 2025

 

Requested by Mayor Penserga.

L.

Discussion regarding combining City properties together to create senior affordable housing . - Pending meeting with Mayor Penserga

 

Requested by Mayor Penserga.

M.

Discussion regarding Rapid Re-housing Program.- Pending meeting with Mayor Penserga

 

Requested by Mayor Penserga.

N.

Discussion regarding Amendments to the Code of Ordinances regarding flooding in the community.- Pending meeting with Commissioner Cruz

 

Requested by Commissioner Cruz.

O.

Discussion regarding Hazard Pay for Community Standards.- Pending meeting with Commissioner Cruz

 

Requested by Commissioner Cruz.

P.

Discussion regarding requirements for Advisory Board Appointments.- Pending meeting with Vice Mayor Kelley

 

Requested by Vice Mayor Kelley.

Q.

Discussion regarding Artificial Turf Ordinance.- Pending meeting with Commissioner Turkin

 

Requested by Commissioner Turkin.

12.

Adjournment

 

 

Notice


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 afford 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.