The City of
Boynton Beach
City Commission Agenda
Tuesday, February 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)
Thomas Turkin, Vice Mayor (District III)
Angela Cruz, Commissioner (District I)
Woodrow L Hay, Commissioner (District II)
Aimee Kelley, Commissioner (District IV)
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.
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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 Rev. Amalie Ash, First Presbyterian Boynton

 

Pledge of Allegiance to the Flag led by Commissioner Angela Cruz.

 

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- 211 Awareness Month.

 

Mayor Penserga will read the proclamation into the record. The proclamation will be accepted by Patrice Schroeder, M.A. Human Behavior Community Relations Specialist, of 211 Palm Beach.

B. Proclamation- Robert E. Wells Day.

 

Mayor Penserga will read the proclamation into the record. The proclamation will be accepted by Kendra Wright.

C. Presentation of potential methodology for Utility Infrastructure assessment review, risk matrix development and prioritization for repairs and replacement projects.

 

Presentation by Utilities Department.

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 Selection of Chair and Vice Chair for the Senior Advisory Board.

 

Ratify the selection of Sandra Watson as Senior Advisory Board Chair and James Czizik as Senior Advisory Board Vice Chair. The Senior Advisory Board voted during the January 8, 2024, board meeting to appoint the positions.

B. Ratify Selection of Chair and Vice Chair for the Community Redevelopment Advisory Board.

 

Ratify the selection of Naomi Cobb as Community Redevelopment Advisory Board Chair and Courtlandt McQuire as Community Redevelopment Advisory Board Vice Chair. The Community Redevelopment Advisory Board voted during their January 4, 2024, board meeting to appoint the positions (see Attachment I).

C. Advisory Board Appointments.

 

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

6.

Consent Agenda

 

A. Proposed Resolution No. R24-032- Approve the City's Local Housing Assistance Plan (LHAP) for Fiscal Years 2024-2025, 2025-2026, and 2026-2027 and authorize the Mayor to sign the LHAP Certification.

 

Staff recommends approval of Proposed Resolution No. R24-032.

B. Proposed Resolution No. R24-033- Approve and authorize the City Manager to sign the grant application, accept the grant, and execute all documents associated with the grant subject to the approval of the City Attorney for the Florida Boating Improvement Program Grant (FBIP) for the Phase Two - Construction of the boat ramps and dock at Pioneer Canal Park, and authorize the Project Manager from Construction Services - Public Works Department to serve as the project manager on behalf of the City.

 

Staff recommends approval of Proposed Resolution No. R24-033.

C. Proposed Resolution No. R24-034- Approve and authorize the City Manager to sign the Landscape "Maintenance of Memorandum of Agreement" (MMOA) between the City of Boynton Beach and the State of Florida Department of Transportation for Broadstone project's irrigation, landscape, and hardscape items located within the FDOT right-of-way along South Federal Hwy.

 

Staff recommends approval of Proposed Resolution No. R24-034.

D. Proposed Resolution No. R24-035- Approve and authorize the City Attorney to submit a voting ballot to accept the Bankruptcy Plan and to appoint the Chairperson as special proxy to vote in favor of the Scheme at the relevant Scheme Meeting and any adjournment thereof in the matter of Endo International, PLC, et al., which will enable the City to participate in the Public Opioid Trust.

 

Staff recommends approval of Proposed Resolution No. R24-035.

E. Proposed Resolution No. R24-036- Approve and authorize the Mayor to sign the Agreement to Terminate the Economic Development Planning Interlocal Agreement between the CRA and the City for Partial Funding of Economic Development Plan Performed by Florida International University.

 

Staff recommends approval of Proposed Resolution No. R24-036.

F. Budget Status Report for FY2023 thru September 2023 (unaudited).

 

Accept the Fiscal Year 2022-2023 Budget Status Report of the General Fund and the Utilities Fund for the twelve-month period ended September 30, 2023, unaudited.

G. Approval of purchases for over $10,000 for November and December 2023.

 

Accept the written report to the Commission for purchases over $10,000 for the months of November and December 2023.

7.

Consent Bids and Purchases over $100,000

 

A. Proposed Resolution No. R24-037- Authorize the City Manager to sign a 60-month agreement for the purchase of MAN (Metropolitan Area Network) connectivity services between City buildings and Internet connectivity services from Comcast Cable Communications Management, LLC for $5,764.10 a month plus taxes and fees and approve the yearly spending to Comcast Business Communications, LLC in the amount of $186,300 for the 60-months of this agreement.

 

Staff recommends approval of Proposed Resolution No. R24-037.

B. Proposed Resolution No. R24-038- Approve utilizing the City of Gainesville, Florida, Contract - RFP No. MOBX-230063-DN and authorize the City Manager to sign an agreement with NUE Urban Concepts, LLC of Palm Beach Gardens, Florida, for Consulting Services related to the development of a Mobility Plan with an estimated annual cost of $144,000. Proposed Resolution No. R24-039- Approve the Planning & Zoning Department FY 23/24 Budget Amendment for the addition of unrealized revenue totaling $30,000.

 

Staff recommends approval of Proposed Resolution No. R24-038, and Resolution No. R24-039.

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. 24-002- Second Reading- An Ordinance of the City of Boynton Beach, Florida repealing Sections 2-5, 2-6, and 2-7 of the City Code of Ordinances; creating a new Article in Chapter 2, Administration, Article 6, entitled "City Attorney;" providing for codification, severability, conflicts; and providing for an effective date.

 

Staff recommends approval of Proposed Ordinance No. 24-002, on Second Reading.

B. Proposed Ordinance No. 24-003- Second Reading - An Ordinance of the City of Boynton Beach, Florida, amending Chapter 2. "Administration," Article IV, entitled "Purchasing & Consultants," Section 2-56(c) is hereby amended to amend the process to dispose of City -owned real property; providing for conflicts, severability, codification; and an effective date.

 

Staff recommends approval of Proposed Ordinance No. 24-003, on Second Reading.

C. Proposed Ordinance No. 24-004- Second Reading- An Ordinance of the City of Boynton Beach, Florida, amending Chapter 2.5, "Alarm Systems," to clarify Fire Department fees for responding to excessive false alarms; providing for repeal of laws in conflict, severability, codification and an effective date.

 

Staff recommends approval of Proposed Ordinance No. 24-004, on Second Reading.

D. Proposed Ordinance No. 24-005- Second Reading- An Ordinance of the City of Boynton Beach, Florida, amending Chapter 9, "Fire Protection and Prevention," Section 9-1, "Boynton Beach Fire Code; Fire Codes Adopted," to update the City Code as required by Florida Statute when a new edition of the Florida Fire Prevention Code has been adopted; providing for repeal of laws in conflict, severability, codification and an effective date.

 

Staff recommends approval of Proposed Ordinance No. 24-005, on Second Reading.

9.

City Manager’s Report

 

A. Finance Department Presentation

 

Presentation

10.

Unfinished Business

 

11.

New Business

 

12.

Legal

 

A. Proposed Ordinance No. 24-006- First Reading- An ordinance of the City of Boynton Beach repealing Ordinances O#37, O#47, and O#136 related to segregation.

 

Staff recommends approval of Proposed Ordinance No. 24-006 on First Reading.

13.

Future Agenda Items

 

A.

Provide update on grant funded projects in the Capital Improvement Plan, and list of CIP Projects - March 5, 2024

 

Requested by Commissioner Cruz and Commissioner Kelley. 

B.

Adoption of the 2023-2028 Strategic Plan for the City of Boynton Beach - March 5, 2024

 

-

C.

Discussion regarding regulations to support local businesses.- March 19, 2024

 

Discussion requested by Commissioner Cruz.

D.

Discussion regarding existing regional programs and best practices to combat homelessness in the City. - March 19, 2024

 

Discussion requested by Commissioner Hay. 

E.

Discussion regarding the Art Assessment Fee being allocated to infrastructure instead of public art. - TBD

 

Requested by Vice Mayor Turkin.

F.

Discussion regarding combining City properties together to create senior affordable housing . - TBD

 

Requested by Mayor Penserga.

G.

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

 

Requested by Commission Hay.

H.

Discussion regarding a waiver process and criteria for workforce housing projects. - TBD

 

Requested by Vice Mayor Turkin.

I.

Discussion regarding infrastructure, specifically paving in the City. - TBD

 

Requested by Vice Mayor Turkin and Commissioner Cruz.

J.

Discussion regarding Town Square project- planned hotel site. - TBD

 

Requested by Vice Mayor Turkin. 

14.

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.