The City of
Boynton Beach
City Commission Agenda
Tuesday, October 1, 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
City Commission Meeting
6:00 PM
*Mission*
To create a sustainable community by providing exceptional municipal services, in a financially responsible manner.
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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 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 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 Pastor Nate Santos, Living Waters Church. 

 

Pledge of Allegiance to the Flag led by Commissioner Thomas Turkin.

 

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- Hispanic Heritage Month.

 

Read and present the proclamation naming September 15, 2024 to October 15, 2024 as Hispanic Heritage Month to the following: Juan Pagan, President of the Florida Hispanic American Chamber of Commerce; Laura Hanley and Virginia Savietto from the Latino Leadership Alliance Government Relations Committee; and City Clerk Maylee De Jesus, incoming President for the Florida Chapter of the Local Government Hispanic Network.

B. Proclamation- Animal Welfare Month.

 

Read and present the proclamation to Megan Weinberger, from Rescue Life, naming October 2024 as Animal Welfare Month. 

C. Announcement of the Senior Health Fair

 

The Semi-Annual Senior Health Fair will be held on Tuesday, October 15th from 10 A.M. to 12 P.M. at the Ezell Hester Jr. Community Center located at 1901 N. Seacrest Blvd.

 

This event is free to the public providing health resources and services from healthcare providers for Seniors and their caregivers along with free health screenings, fitness demonstrations, and door prizes.

 

For more information contact the Boynton Beach Senior Center at 561-742-6570. 

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. Advisory Board Appointments.

 

City Commission to reappoint and appoint eligible members of the community to serve in vacant positions on City Advisory Boards.

B.

Discussion regarding adding a Sister City from Ireland.

 

Requested by Vice Mayor Kelley. Jeanne Heavilin, from Sister Cities, will be in attendance to answer any questions. 

6.

Consent Agenda

 

A. Proposed Resolution No. R24-216- Approving the conditional settlement and release in the amount of $100,000 for the resolution of Kathryn Matos v. City of Boynton Beach, EEOC Charge No. 510-2024 and related claims. (Tabled from September 23rd, 2024)

 

Staff recommends approval of proposed Resolution No. R24-216.

B. Proposed Resolution No. R24-225- Approving an agreement with Palm Beach County for the EMS Grant in an amount not to exceed $17,852.50 to reimburse the City for its purchase of 18 Handtvey Pediatric Bags with training, medication, and equipment guides.

 

Staff recommends approval of Proposed Resolution No. R24-225.

C. Proposed Resolution No. R24-226- Approve the Interlocal Agreement between Palm Beach County and the City of Boynton Beach for the Staffing of Emergency Shelters by Emergency Medical Services Staff.

 

Staff recommends approval of Proposed Resolution No. R24-226.

D. Proposed Resolution No. R24-227- Approve the First Amendment to the Subrecipient Agreement, granting a three-month extension to the Agreement with Boynton Beach Faith Based Community Development Corporation Inc., for the Community Development Block Grant - Limited Rehabilitation Program as previously approved by Resolution No. R23-124.

 

Staff recommends approval of Proposed Resolution No. R24-227.

E. Proposed Resolution No. R24-228- Approve the Limited Term Extension Amendment to the Agreement between the City of Boynton Beach and Clean Space, Inc., f/k/a Kelly Janitorial Systems, Inc., for janitorial services for City municipal buildings and facilities.

 

Staff recommends approval of Proposed Resolution No. R24-228.

F. Proposed Resolution No. R24-229- Approve the renewal of General and Excess Liability coverage with Evanston Insurance Company for leased property at Mangrove Park.

 

Staff recommends approval of Proposed Resolution No. R24-229.

G. Proposed Resolution No. R24-230- Approving and authorizing the Mayor to sign an Owner affidavit form for building renovations at 124 E. Woolbright Road.

 

Staff recommends approval of Proposed Resolution No. R24-230.

H. Proposed Resolution No. R24-231- Approving a First Amendment to the temporary parking easement with Time Equities for the City's use of the gravel lot west of the North Parcel.

 

Staff recommends approval of Proposed Resolution No. R24-231.

7.

Consent Bids and Purchases over $100,000

 

A. Proposed Resolution No. R24-232- 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 with an annual expenditure not to exceed $100,000.

 

Staff recommends approval of Proposed Resolution No. R24-232.

B. Proposed Resolution No. R24-233- Approve the purchase of parts and equipment with The Peterbilt Store as a Sole Source vendor for original equipment manufacturer for Peterbilt. Provides service, parts and warranty of Peterbilt trucks, with an annual expenditure not to exceed $100,000.

 

Staff recommends approval of Proposed Resolution No. R24-233.

C. Proposed Resolution No. R24-234- Approve the purchase of parts and equipment with Sunbelt Hydraulic & Equipment as a Sole Source vendor for original equipment manufacturer for Heil Refuse Bodies equipment. Provides service, parts, and warranty of Heil Refuse Bodies, with a not to exceed annual expenditure of $100,000.

 

Staff recommends approval of Proposed Resolution No. R24-234.

D. Proposed Resolution No. R24-235- Award Bid #UTL24-060 for "Repairs and Emergency Services for Water Distribution, Wastewater Collection, and Stormwater Utility Systems" to Madsen/Barr Corp. as the primary vendor and Hinterland Group, Inc. as the secondary vendor. The expected expenditure amount for the term of this agreement is $3,000,000.

 

Staff recommends approval of Proposed Resolution No. R24-235.

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. 24-018- Second Reading - An Ordinance of the City Commission of the City of Boynton Beach, Florida; Amending Chapter 18, Article IV, Pensions for Firefighters, Section 18-185 "Normal Retirement Date," of the City Code to Permit Normal Retirement at Twenty Years of Service by Removing the Second Tier Adopted in 2019; providing for inclusion in the code; providing for severability; providing for a repealer; and providing for an effective date.

 

Staff recommends approval of Proposed Ordinance No. 24-018, on second reading.

9.

City Manager’s Report

 

10.

Regular Business

 

A. Conduct annual performance evaluation for Daniel Dugger, City Manager.

 

Pursuant to the City Manager's appointment agreement, the City Commission will provide the City Manager with a performance evaluation no less than annually.  This will be Mr. Dugger's second performance evaluation and his current base salary is $215,250.

B. Discussion regarding an ordinance regulating the sale of recreational marijuana in the City of Boynton Beach.

 

Discussion item requested by City Attorney.

C. Proposed Ordinance No. 24-020- First Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, amending Article II of Chapter 18 of the Boynton Beach Code of Ordinances entitled Employees' Pension Plan amending Section 18-145 City of Boynton Beach Investment Policy for General Employees' Pension Fund; providing for codification; providing for severability of provisions; repealing all ordinances in conflict herewith and providing for an effective date.

 

Staff recommends approval of Proposed Ordinance No. 24-020, at first reading.

D. Proposed Ordinance No. 24-021- First Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, amending Part III, Chapter 4, "Site Development Standards," Article X, "Flood Prevention Requirements," Section 1.C "Administration," Section 1.D, "Applicability," and Section 5.E "Building and Structures"; providing for codification, severability, conflicts, and providing for an effective date.

 

Staff recommends approval of Proposed Ordinance No. 24-021, on first reading.

E. Proposed Resolution No. R24-236- Approving and authorizing the Mayor to sign a Restrictive Covenant for Harvey E. Oyer Jr. Park.

 

Staff recommends approval of Proposed Resolution No. R24-236.

F. Proposed Resolution No. R24-237- Approve the disposition of land by the Boynton Beach Community Redevelopment Agency to Maple Tree Investments, LLC for the property located at 401 E. Boynton Beach Blvd., 407 E. Boynton Beach Blvd., and 411 E. Boynton Beach Blvd., for a purchase price less than fair market value.

 

Staff recommends approval of Proposed Resolution No. R24-237.

11.

Future Agenda Items

 

A.

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

 

Requested by Mayor Penserga.

B.

Discussion regarding Artificial Turf Ordinance.- October 15, 2024

 

Requested by Commissioner Turkin.

C.

Discussion regarding Rapid Re-housing Program.- October 15, 2024

 

Requested by Mayor Penserga.

D.

Discussion regarding additional digital signs. - November 4, 2024

 

Requested by Commissioner Hay.

E.

Discussion regarding City entry way signage. - November 4, 2024

 

Requested by Mayor Penserga.

F.

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

 

Requested by Mayor Penserga and Commissioner Cruz.

G.

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

 

Requested by Mayor Penserga.

H.

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

 

Requested by Commissioner Cruz.

I.

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

 

Requested by Commissioner Cruz.

J.

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

 

Requested by Vice Mayor Kelley.

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.