##VIDEO ID:KsyAxLOsaKM## >> MAYOR: GOOD EVENING, EVERYBODY. TODAY IS TUESDAY OCTOBER 15th, 2024. THE TIME IS NOW 6:01 P.M. I CALL THIS BOYNTON BEACH CITY COMMISSION MEETING TO ORDER. GOOD EVENING AND WELCOME TO ALL OF YOU IN-PERSON AND ONLINE. BEFORE WE BEGIN, I WANT TO REMIND EVERYBODY OF OUR RULES OF CIVILITY AND DECORUM. SPEAKERS MUST FIRST BE ADDRESSED BY THE CHAIR AND NOT INTERRUPT ANY OTHER SPEAKER. PUBLIC COMMENTS MUST BE ADDRESSED TO THE BOARD AS A WHOLE THROUGH THE CHAIR. PERSONAL ATTACKS, INSULTS, DISRUPTIVE BEHAVIORS OF STRICTLY PROHIBITED. SHOULD YOU VIOLATE THESE RULES, YOU MAY BE ASKED TO LEAVE THESE CHAMBERS. LET'S PROCEED NOW TO THE ROLL CALL. LET ME TURN TO THE CITY CLERK. IF YOU COULD PLEASE BEGIN, MAYLEE. >> MAYOR PENSERGA. >> MAYOR: HERE. >> VICE MAYOR KELLEY. >> HERE. >> COMMISSIONER CRUZ. >> HERE. >> COMMISSIONER HAY. >> HERE. >> COMMISSIONER TURKIN. >> I'M HERE ONLINE. >> MAYOR UP A QUORUM. >> MAYOR: THANK YOU SO MUCH. WE'RE GOING TO MOVE TO INVOCATION AND PLEDGE OF ALLEGIANCE. THE INVOCATION WILL BE LED BY PASTOR JEFF KELLY OF FIRST BAPTIST BOYNTON FOLLOWED BY THE PLEDGE OF ALLEGIANCE TO THE FLAG LED BY VICE MAYOR KELLEY. LET'S ALL STAND FOR THE INVOCATION AND PLEDGE OF ALLEGIANCE. PASTOR. >> JOIN ME IN PRAYER. ALMIGHTY GOD AND CREATOR, WE COME TO YOU AND WE THANK YOU FOR THE MANY ABUNDANT BLESSINGS THAT YOU GIVE TO US. WE THANK YOU FOR THIS CITY, O GOD, AND FOR THIS COMMUNITY THAT IS REPRESENTED HERE. WE THANK YOU FOR THE GOVERNMENT YOU HAVE GIVEN US HERE TO GUIDE OUR CITY AND OUR COMMUNITY. FATHER, SCRIPTURES TEACH THAT YOU HAVE PROVIDED CIVIL AUTHORITIES TO PROMOTE PEACE, HONOR AND JUSTICE. WE PRAY THAT TODAY YOU WOULD USE THIS ESTABLISHED COUNCIL TO DO THESE THINGS. WE PRAY FOR OUR MAYOR AND FOR THE VARIOUS LEVELS OF THE CITY OFFICIALS. AND IN PARTICULAR, FOR THIS ASSEMBLED COUNCIL. WE ASK THAT YOU WOULD GIVE THEM FAVOR. WE ASK THAT YOU WOULD GIVE WISDOM TO GOVERN. THAT YOU WOULD GIVE A SENSE OF THE WELFARE AND THE TRUE NEEDS OF THE COMMUNITY, A HEART FOR JUSTICE AND RIGHTNESS. WE PRAY THAT YOU WOULD GIVE THEM THE ABILITY TO WORK WELL AND IN HARMONY WITH ONE ANOTHER AND THAT YOU WOULD GIVE FAVOR ON THEIR LIVES AS THEY SERVE IN THESE CAPACITIES. FATHER, WE PRAY THAT THE AGENDA THAT IS BEFORE US THIS EVENING WOULD BE USED TO BENEFIT THOSE WHO LIVE AND WORK AROUND THIS CITY OF BOYNTON BEACH WHICH WE CALL HOME. WE THANK YOU FOR YOUR KINDNESS TO US AND WE PRAY THESE THINGS IN THE NAME OF JESUS CHRIST, AMEN. >> Group: I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS ONE NATION UNDER GOD INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL. >> MAYOR: THANK YOU SO MUCH, EVERYBODY. THANK YOU, PASTOR KELLY FROM FIRST BAPTIST BOYNTON. WE MOVE ON TO AGENDA APPROVAL, ADDITIONS, DELETIONS, CORRECTIONS TO THE AGENDA. I WILL BEGIN ON MY RIGHT AND GO AROUND THE DAIS. BEGINNING WITH COMMISSIONER CRUZ. >> I HAVE NO AMENDMENTS, MAYOR. >> MAYOR: VICE MAYOR KELLEY. >> NO, MAYOR, I DO NOT. THANK YOU. >> MAYOR: THANK YOU. COMMISSIONER HAY, THEN WE'LL GO TO COMMISSIONER TURKIN WHO IS ONLINE. >> NO, I DO NOT HAVE ANY. >> MAYOR: THANK YOU. AND COMMISSIONER TURKIN. >> NO, NO, MAYOR. THANK YOU. >> MAYOR: WITH THAT, MAY I HAVE A MOTION TO APPROVE THE AGENDA AS PRESENTED. >> MOTION TO APPROVE. >> SECOND. >> MAYOR: MOTION FROM VICE MAYOR AND SECOND FROM COMMISSIONER HAY. ALL THOSE IN FAVOR OF APPROVING THE AGENDA AS PRESENTED SAY AYE. [AYES] ANYONE OPPOSED? MOTION PASSES UNANIMOUSLY AND THE AGENDA IS ADOPTED. WE'RE NOW GOING TO TURN TO INFORMATIONAL ITEMS BY MEMBERS OF THE CITY COMMISSION. COMMISSIONER HAY, YOU HAD REQUESTED TO GO LAST. SO WE'LL BEGIN AGAIN ON MY RIGHT WITH COMMISSIONER CRUZ. AND WE'LL GO AROUND THE DAIS. >> I RECEIVED MULTIPLE EMAILS. I HAVE TO GO BACK TO THE ITEM. ITEM 10B, I HAVE RECEIVED EMAILS FROM MULTIPLE COMPANIES WITH REGARD TO THAT ITEM. THAT'S ALL. NO FURTHER DISCLOSURES. >> MAYOR: ALL RIGHT, THANK YOU. VICE MAYOR. >> THANK YOU, MAYOR. I HAVE ALSO RECEIVED EMAILS BUT I HAVE ALSO SPOKEN WITH REPRESENTATIVES FROM VERRA AND REPRESENTATIVES FROM RED SPEED ON 10B. AND THAT'S ALL I HAVE FOR MY DISCLOSURES, THANK YOU. >> MAYOR: THANK YOU. I'LL RESERVE MY DISCLOSURES WHEN WE GET TO THAT ITEM. LET'S GO TO COMMISSIONER TURKIN ONLINE. >> YEAH. JUST THOSE DISCLOSURES FOR 10 BRAVO, 10B. >> MAYOR: ALL RIGHT. >> I SPOKE TO NEIL SHILLER FROM RED SPEED AND THEN JOSEPH SALZBURG I BELIEVE WITH VERRA AND RECEIVED EMAILS FROM REPRESENTATIVES OF RED SPEED AS WELL. >> MAYOR: ALL RIGHT. THANK YOU. NOW, WE'RE GOING TO TURN TO COMMISSIONER HAY FOR INFORMATIONAL ITEMS. >> AND I TOO RECEIVED EMAILS FROM THE COMPANY THAT WAS JUST MENTIONED. I COME TO THIS POINT THAT I NEED TO SAY A FEW WORDS. BY THE WAY, I WAS VERY HAPPY TO ATTEND THE FIRST FRIDAY ACTIVITIES ALONG WITH ANGELA CRUZ WHO GAVE OUT MANY HISPANIC ACHIEVEMENT AWARDS. AND THERE WAS A GREAT CELEBRATION ON LAST WEEK. SO THANK YOU FOR THAT. FIRST OF ALL, I'D LIKE TO APOLOGIZE TO THE PUBLIC AND TO THE STAFF FOR MY ACTIONS ON LASN MEETING. IT WAS NOT VERY BECOMING OF WHO I AM. FOR THOSE OF YOU WHO MAY NOT KNOW, I GOT A LITTLE HEATED AT OUR LAST COMMISSION MEETING. WHEN I BROUGHT UP THE IDEA OF THE DISCUSSION ABOUT STRONG MAJORITY VOTE VERSUS A SIMPLE MAJORITY VOTE. YOU WOULD THINK THAT I HAD STARTED WORLD WAR III. SOME WOULD SAY I WAS TRYING TO MAKE BOYNTON BEACH A SANCTUARY CITY. I DON'T KNOW WHERE IN THE WORLD THAT CAME FROM. AND MANY OF YOU THOUGHT I WAS GOING AFTER DAN DUGGER AND SHAWNA LAMB, THE CITY ATTORNEY AND THE CITY MANAGER DAN. BUT I WAS NOT. AND I AM NOT. I'M NOT GOING AFTER DAN AND SHAWNA. IF I WANTED TO DO THAT, I CERTAINLY WOULD NOT HAVE WAITED TWO YEARS TO GET STARTED. MY POSITION HAS BEEN AND ALWAYS HAS BEEN FOR YEARS AND YEARS THAT THERE'S NO POSITION IN THE CITY THAT SHOULD REQUIRE A STRONG MAJORITY VOTE. WE VOTE ON MILLIONS OF DOLLARS, MULTI-MILLION DOLLAR CONTRACTS. AND I THINK THOSE ARE VERY IMPORTANT. SO I DON'T -- I JUST DON'T THINK THAT A POSITION IS AS IMPORTANT AS THAT. SO I JUST WANTED TO HAVE AN OPEN DISCUSSION, WHICH I STATED SEVERAL TIMES ABOUT THE PROS AND CONS OF THE TWO STRUCTURES OF GOVERNMENT. I WANTED TO GET OURSELVES EDUCATED ABOUT THIS SUBJECT. AND ONCE WE GOT EDUCATED ABOUT THE SUBJECT, TO LET THE PUBLIC DECIDE WHICH FORM OF GOVERNMENT THEY WANTED THROUGH VOTING ON A REFERENDUM IF IT GOT TO THAT. THERE ARE 39 MUNICIPALITIES HERE IN PALM BEACH COUNTY. THERE MUST BE A REASON WHY ABOUT 34 OUT OF THAT 39 HAVE A SIMPLE MAJORITY. WE HERE IN BOYNTON BEACH ARE AN AUTONOMOUS BODY, WHICH MEANS WE MAKE THE RULES AND WE OBEY THE RULES. I JUST WANTED TO MAKE SURE WE HAVE THE BEST STRUCTURE THAT FITS BOYNTON BEACH. WE ON THIS COMMISSION ARE FOREVER LOOKING AT WHAT OTHER CITIES ARE DOING ON A SPECIFIC ISSUE. WHAT'S WRONG WITH BEING EDUCATED ON WHAT OTHER CITIES ARE DOING ON THIS PARTICULAR ITEM AND TO ASK WHY DO THEY HAVE THAT STRUCTURE OF GOVERNMENT? THAT'S WHERE I WANTED TO GO. BOYNTON BEACH HAS NOT ALWAYS HAD A FORM OF GOVERNMENT THAT WE HAVE NOW. THERE WAS A TIME THAT WE HAD A SIMPLE MAJORITY VOTE. AND I WON'T GO INTO THE DETAILS OF THAT. BUT JUST KNOW THAT WHAT I'M LOOKING FOR IS NOT TO BRING IN PERSONALITIES. LET'S TAKE NAMES OUT OF THIS. I MEAN IT IN A NICE WAY, BUT JUST FORGET ABOUT DAN, FORGET ABOUT SHAWNA. LOOKING IN THE FUTURE OF WHAT WOULD BE GOOD FOR THIS CITY BECAUSE THEY ARE NOT ALWAYS GOING TO BE SITTING IN THOSE SEATS NOR ANY OF THE COMMISSIONERS UP HERE. BUT AT THE END OF THE DAY, WHAT WORKS FOR ONE CITY MAY NOT WORK FOR ANOTHER. BUT IT IS WORTH OUR WHILE TO LOOK AT WHY THE MAJORITY OF CITIES OUT OF THE 39, 34 HAS A SIMPLE MAJORITY. AND SO I JUST SAY TO MYSELF AS I'VE BEEN SAYING ALL ALONG, WHY IS THAT? LET'S JUST STUDY IT, GET EDUCATED. GET INFORMED. WE MAY DO NOTHING WITH IT OR WE MAY PUT IT ON THE REFERENDUM AND LET YOU DECIDE. THIS COMMISSION WILL NOT MAKE THIS DECISION BECAUSE IT'S TOO IMPORTANT. SO YOU, THE PUBLIC, CAN HELP TO STABILIZE THIS OSCILLATION BASED ON WHO IS IN OFFICE. BUT THE TIMING OF THIS WHOLE SCENARIO ON MY PART WAS NOT A GOOD ONE. I'M NOT SURE THERE IS A GOOD TIMING TO DISCUSS SUCH A HEATED TOPIC. BECAUSE IT SEEMS LIKE EVERYBODY RAN OFF IN ALL DIRECTIONS AND IT WAS NOT MY INTENT AT ALL TO CAUSE CONFUSION OR DISRUPTION WITHIN THE CITY OF BOYNTON. I WANTED TO LOOK AT THIS LONG-TERM. BASED ON PAST. SO HOWEVER, YOU KNOW, MY OLD FOLKS -- I GUESS I'M OLD NOW, TOO. BUT THE OLD FOLKS HAD A SAYING THAT A HIT DOG WILL HOLLER. NOW, I DIDN'T -- AS A CHILD, I DIDN'T KNOW WHAT THAT MEANT BUT NOW I DO UPSET IT A LITTLE BIT BETTER. SO I WANT TO THANK YOU FOR LISTENING TO MY COMMENTS. I PRAY THAT YOU WILL RECEIVE THEM IN THE MANNER THAT I HOPE TO HAVE DELIVERED THEM. I'M SORRY THIS COMMISSION CHOSE NOT TO DISCUSS THIS ANY FURTHER. BUT WE WILL MOVE ON FROM HERE. AND JUST BE ASSURED THAT WHENEVER I SAY ANYTHING AND SPEAK -- AND I TOLD YOU ALL THE SAME THING OVER AND OVER AGAIN. I HAVE THE BEST INTEREST OF BOYNTON BEACH IN MIND. AND IF IT CAME DOWN TO CHOOSING BETWEEN YOU AND BOYNTON BEACH, I THINK YOU WOULD ANSWER THAT QUESTION. IT WOULD BE BOYNTON BEACH. THANK YOU VERY MUCH FOR LISTENING. THANK YOU, MAYOR. [APPLAUSE] >> MAYOR: THANK YOU SO MUCH, COMMISSIONER. ON THAT NOTE, I WILL NOTE THAT MISINFORMATION IS INCREDIBLE ANY INSIDIOUS AND I HAVE HEARD SIMILAR RUMORS. I JUST WANT TO CLEAR FOR THE RECORD THAT STATE LAW PREVENTS ANY CITY FROM BECOMING A SANCTUARY CITY. THAT'S NOT EVEN POSSIBLE. ALL RIGHT. LET'S MOVE ON TO THE NEXT PORTION OF THE AGENDA, ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS. THERE'S TWO ANNOUNCEMENTS UNDER THIS SECTION. THE CITY'S ANNUAL FALL FESTIVAL SATURDAY OCTOBER 19th FROM 3:00 P.M. TO 6:00 P.M. IS AT THE CENTENNIAL PARK LOCATED AT 120 EAST OCEAN AVENUE IN DOWNTOWN BOYNTON BEACH. THIS YEAR'S EVENTS INCLUDES A KIDS ZONE, PUMPKIN GIVEAWAYS, FOOD TRUCKS, MUSIC, PETTING ZOO AND MORE. COMMUNITY GREENING WILL BE ON SITE HOSTING A FREE TREE GIVEAWAY FOR ATTENDEES WHILE SUPPLIES LAST. PLUS ENJOY THE HISPANIC HERITAGE ART EXHIBITION AND FREE DANCE CLASSES INCLUDING SAMBA AT THE ARTS & CULTURAL CENTER. FOR MORE INFORMATION, LOG ON TO THE RECREATION AND PARKS DEPARTMENT'S WEBSITE AT WEMAKELIFEFUN.COM. THAT'S WEMAKELIFEFUN.COM. WHOEVER CHOSE THAT, THANK YOU SO MUCH. THAT WAS A REALLY GOOD IDEA. THE NEXT ANNOUNCEMENT IS ABOUT OUR PIRATE FEST. BIGGER THAN EVER, THIS FREE FAMILY-FRIENDLY EVENT WILL FEATURE MULTIPLE ENTERTAINMENT STAGES, LIVE CANNON PERFORMANCES, A MERMAID GROTTO, AN ENCHANTED MARKET, TREASURE HUNTS AND A WIDE ARRAY OF FOOD AND MORE. THIS EVENT WILL KICK OFF WITH A CANNON FIRING FRONTALLY AT 12:00 P.M. ON SATURDAY 10/26 AND SUNDAY ATTENDEES WILL ENJOY NON-STOP ENTERTAINMENT. THE FAMOUS MERMAID JULES WILL PROVIDE MAKEOVERS. TINY PIRATES CAN DIG FOR TREASURES IN THE LIL SCALLYWAG. DID I JUST SAY THAT? I DID. LIL SCALLYWAG ZONE AND ENJOY BOUNCE HOUSES, FACE PAINTING AND MORE. THE FIELD OF DANGER -- THE FIELD OF DANGER WILL FEATURE JAW-DROPPING STUNTS AND DEATH-DEFYING FEATS. IMMERSE YOURSELF IN AN ADVENTURE AT THE PIRATE ENCAMPMENT WHICH INCLUDE AXE THROWING, SWORD FIGHTING AND A HAUNTED TRAIL AFTER DARK ON SATURDAY NIGHT. THE ENCHANTED MARKET WILL SHOWCASE TREASURES FROM LOCAL VENDORS AND YOU CAN FEAST LIKE A HYDRATE WITH VARIOUS FOOD AND BEVERAGE VENDORS. VIEW THE FULL EVENT SCHEDULE, SHUTTLE LOCATIONS, DETAILS AND UPDATES AT BBPIRATEFEST.COM. AGAIN, THAT'S BBPIRATEFEST.COM. THAT'S THE TWO ANNOUNCEMENTS. WE WILL TURN NOW TO PUBLIC AUDIENCE. AS ALWAYS, EACH PERSON HAS THREE MINUTES. SO LET'S BEGIN. LET ME SWITCH THE TIMER. SAME RULES AS ALWAYS. GIVE ME ONE MOMENT TO GET THIS GOING. WE'VE GOT TWO PODIUMS. AND AFTER WE HAVE CONCLUDED WITH THOSE IN THE CHAMBERS, WE'LL GO TO THOSE ONLINE. STATE YOUR NAME FOR THE RECORD, SIR, AND YOU MAY BEGIN WHEN YOU ARE READY. >> THANK YOU. I'M DAVID MERKER, FORMER CITY COMMISSIONER. COMMISSIONER HAY, HAIM ON YOU. >> MAYOR: SIR, SIR, ADDRESS ME. SIR, ADDRESS ME. YOU WILL NOT ATTACK ANY MEMBER OF THIS BOARD. >> I WILL NOT ATTACK IF YOU'LL LET ME FINISH. IT'S AN OPENING STATEMENT. >> MAYOR: ADDRESS ME. >> IT'S NOT NEGATIVE. >> MAYOR: ADDRESS ME, SIR. >> OKAY. I SAID SHAME ON YOU BECAUSE I RESPECT TREMENDOUSLY COMMISSIONER HAY. I HAD THE PRIVILEGE OF SERVING WITH HIM, LISTENING TO HIM AND LEARNING FROM HIM. COMMISSIONER HAY HAS AN OPEN MIND. AND THE IDEA THAT HE SAID -- I BELIEVE YOU SAID 34 OTHER CITIES HAVE A DIFFERENT VOTE COUNT ON ISSUES IS CURIOSITY. IT'S SOMETHING THAT WE, THE CITY OF BOYNTON BEACH, SHOULD CONSIDER. IT'S NOT A CLOSED DOOR. WHEN A GOVERNMENT BECOMES CLOSED DOOR, MINDS CLOSE, WE ARE IN TROUBLE. SO I WANT TO RECOMMEND AND THANK YOU FOR YOUR OPEN MIND AND BRINGING FORTH THE IDEA. AND THE REST OF THE COMMISSION SHOULD THINK TWICE, TOO, AND UNDERSTAND WHY OTHER CITIES HAVE THIS VOTE COUNT THAT WE DON'T HAVE. >> MAYOR: ALL RIGHT, THANK YOU. NEXT SPEAKER, STATE YOUR NAME FOR THE RECORD AND BEGIN WHEN YOU ARE READY. >> SUSAN OYER, BOYNTON BEACH. I WANT TO SAY THANK YOU TO PATRICK HART AND NICOLE. I DON'T KNOW HER LAST NAME. WHO WERE BOTH VERY HELPFUL TO ME WHEN I WAS IN CITY HALL LAST WEEK. SO I'VE GOT TO SAY THIS IS TWO TIMES IN A ROW I'VE BEEN UP HERE SAYING NICE THINGS ABOUT YOUR STAFF, DAN. SO, YOU KNOW, I LOVE PATRICK. HE'S MY FAVORITE PERSON. NO, I'M WRONG. HE'S NUMBER THREE BECAUSE WE'VE GOT INFO THE FISH, WE'VE GOT JAY WHO MOVED UP HALF A STEP SO HE'S NOW A HALF STEP BELOW THE FISH AND THEN WE'LL PUT PATRICK RIGHT IN AFTER HIM. SO THERE YOU GO. I WANTED TO COMMENT AND REMIND EVERYONE THAT THE SEACREST ESTATES NEIGHBORHOOD IS HAVING THEIR ANNUAL HALLOWEEN DECORATING CONTEST THAT I ORGANIZE AND SPONSOR. THIS IS THE 12th YEAR. I'M LOOKING FOR A JUDGE IF ANY OF YOU ON THE DAIS ARE BORED THE WEEKEND BEFORE HALLOWEEN AND YOU WANT TO COME DO SOME JUDGING, I'M GUESSING THIS YEAR BECAUSE OF THE HURRICANES WE'RE NOT HAVING A TON OF HOUSES TO CHOOSE FROM. SO IT WOULD BE A QUICK ADVENTURE. IF YOU ARE INTERESTED, PLEASE REACH OUT TO ME BECAUSE I COULD USE A JUDGE. DAN WAS NICE ENOUGH TO DO IT LAST YEAR. AND I KNOW COMMISSIONER TURKIN HAS DONE IT A COUPLE OF TIMES NOW. BUT I'M LOOKING TO SHAKE IT UP AND DO SOMEBODY NEW. AND I WANT TO JUST KIND OF THROW THIS OUT BECAUSE I THINK THIS IS COMING UP LATER, BUT I'M NOT 100% SURE BECAUSE I DIDN'T -- I ACTUALLY DON'T SPEND MY TIME LOOKING AT THESE AGENDA AHEAD OF TIME. I'M THE ONE WHO LOOKS AT THEM WHEN I WALK IN HERE UNLESS SOMEBODY IS CALLING ME TO TELL ME SOMETHING CRAZY IS GOING TO HAPPEN AND THEN WE ALL KNOW ABOUT IT. BUT THE TREE PRUNING ISSUE, ONCE AGAIN DURING THIS HURRICANE, THE POWER WENT OUT ON MY BLOCK BECAUSE I HAVE ONE NEIGHBOR AT 149 SOUTHEAST 28th COURT WHO CHOOSES NOT TO PRUNE THEIR TREES. AND ONCE AGAIN, WE WERE WITHOUT POWER. AND THANK YOU, FP&L, THEY GOT IT ON TWO HOURS AHEAD OF THEIR PROJECTED SCHEDULE TIME. BUT THAT HOUSE CHOOSES TO NEVER PRUNE THEIR TREES AND EVERY TIME WE HAVE ANY KIND OF STORM, THE POWER GOES OUT BECAUSE OF THAT ONE HOUSE. SO I AM HOPING THAT YOU GUYS DO SOMETHING ABOUT THIS TREE PRUNING AND PUT SOME TEETH IN IT SO THAT THIS HOUSE WILL STOP THE NONSENSE BECAUSE, YOU KNOW, IN MY CASE -- AND I DID CALL THEM OUT ON FACEBOOK. I HAVE A SICK PET WHO TAKES VERY EXPENSIVE MEDS. AND THEY HAVE TO BE REFRIGERATED. AND IF SOMETHING HAPPENS AND I HAVE NO POWER AND THOSE MEDS GO BAD, I CAN'T JUST GO BUY MORE MEDS. THESE MEDS TAKE THREE TO FOUR WEEKS TO COME IN FROM AN OUT-OF-STATE DISTRIBUTOR. PLUS THEY ARE REALLY CRAZY EXPENSIVE. AND I DON'T LIKE THAT I HAVE TO WORRY ABOUT THIS BECAUSE THIS IDIOT WON'T CLIMB UP THE LADDER AND TRIM THEIR TREE OR HIRE SOMEONE. IF I CAN CLIMB UP THE TREE AND TRIM MY TREES, THEN THEY CAN TOO OR THEY CAN HIRE SOMEONE. SO PLEASE PUT SOME TEETH IN THAT TREE ORDINANCE. THANK YOU. >> MAYOR: ALL RIGHT. THANK YOU. NEXT PERSON. >> CINDY FALCO DiCORRADO. I'M GLAD THAT YOU ALL CAME TO THE CONCLUSION ON THURSDAY NIGHT THAT YOU WEREN'T GOING TO VOTE ON HAVING A SIMPLE MAJORITY VOTE. I FIND IT VERY -- I KNOW THAT YOU HID BEHIND THAT BECAUSE WHAT HAPPENS IS THIS HAS ALREADY BEEN A SET PRECEDENCE FROM THE BEGINNING SINCE YOU WERE ON COMMISSIONERS. IF YOU WANT TO THINK ABOUT SOMETHING, DO THIS BEFORE WE GO MIDTERM AND YOUR TERMS ARE UP BEFORE YOU DECIDE TO DO A SIMPLE MAJORITY VOTE. SO I KNOW YOU SAID YOU'RE SORRY FOR THAT, BUT IT WAS PUT ON THE TABLE. THERE WAS A BIG ARGUMENT AT THURSDAY NIGHT AT ONE OF THE MEETINGS AND IT WAS REALLY SAD TO SEE, ONLY BECAUSE YOU WANTED TO DO SOMETHING BEHIND THE BACK OF THE PEOPLE WHEN YOU ORIGINALLY STATED YOU WERE GOING TO DO IT TONIGHT. THAT BRINGS ME TO MY POINT I AM NOT IN FAVOR OF CHANGING FROM A SUPER MAJORITY VOTE TO SIMPLE MAJORITY VOTE BECAUSE THIS IS BEEN ON THE AGENDA AND OFF THE AGENDA AND ON THE AGENDA AND OFF THE AGENDA AND ON THE AGENDA AND OFF THE AGENDA. I WANTED TO MAKE IT KNOWN LIKE THE INCIDENT REPORT WRITTEN UP ON MARCH 6th THAT WAS FALSIFIED IN REGARDS TO MY CASE WHEN I WAS ABUSED RIGHT HERE IN THIS CITY HALL MEETING HERE. IT WAS SAID IT WAS CORRECTED. AND I STILL HAVE YET TO RECEIVE IT. IT'S STILL IN THE PROCESS. SO I DON'T HAVE THE CORRECTED COPY OF THE REPORT. AND I WOULD APPRECIATE IT IF YOU DON'T P. DIDDY OUR CITY. AS ALL OF YOU KNOW, ON THE DAIS UP THERE, EACH AND EVERY ONE OF YOU ARE WITNESSES TO THE ABUSE THAT TOOK PLACE BY SERGEANT GENE. TWO OFFICERS FALSIFIED THE INCIDENT REPORT. NOW, THESE ARE SUPPOSED TO BE POLICE OFFICERS WHO SWORE AN OATH TO BE HONEST. THIS IS UNDER PENALTY OF PERJURY THAT THE OFFICERS SIGNED THEIR NAME TO A DOCKET THAT WAS A LIE. AND I'M GOING TO READ WHAT WAS SAID BECAUSE YOU WERE SITTING HERE THAT NIGHT SO THAT YOU CAN SEE THAT I AM NOT TELLING LIES. I'M SPEAKING THE TRUTH. SO SERGEANT JEAN ADVISED THAT WHILE CINDY FALCO DiCORRADO WAS SPEAKING DURING HER ALLOTTED THREE MINUTES INTERVAL SHE BECAME IRATE AND WENT OVER HER ALLOTTED TIME. SERGEANT GENE STATED TO FALCO DiCORRADO SHE NEEDED TO RELINQUISH HER TIME. FALCO DiCORRADO BECAME EVEN MORE IRATE AND BELLIGERENT CAUSING THE MAYOR TO HAVE TO STOP THE COMMISSION MEETING TO ADDRESS THE ISSUE. AT WHICH TIME SERGEANT GENE ADVISED FALCO DiCORRADO THAT SHE WAS NO LONGER WELCOME AT THE COMMISSION MEETINGS. AS YOU ALL WELL KNOW, I WAS SITTING RIGHT OVER THERE. I WASN'T AT THE MIC. I HAD FINISHED EVEN EARLIER THAN MY ALLOTTED TIME. I WAS ATTACKED THREE TIMES BY OFFICER GENE. AND AS YOU KNOW, WE HAVE VIDEO AND PROOF OF THAT. SO AS I SAID, I WAS IN MY SEAT. I AM A VERY CONCERNED WOMAN WHO WANTS JUSTICE BECAUSE IF THAT HAPPENED TO ME IN A COUNTY COMMISSION MEETING WHERE THERE ARE CAMERAS EVERYWHERE, WHAT IS GOING ON ON THE STREETS? HOW MANY LIES AND DECEIT ARE BEING DONE ON THE REST OF THE AMERICAN PEOPLE? I REMIND YOU, DON'T P. DIDDY MY CITY. THANK YOU. [APPLAUSE] >> MAYOR: ALL RIGHT, THANK YOU. NEXT SPEAKER, BEGIN WHEN YOU ARE READY SIR. >> DAVID CASS BOYNTON BEACH. THE 4-1 SUPER MAJORITY WAS PUT IN PLACE 1995. NONE OF YOU UP HERE EXCEPT COMMISSIONER HAY WAS AROUND BUT HE WAS NOT INVOLVED THEN, NONE OF YOU. YOU NEED TO KNOW WHY IT HAPPENED. I'M NOT HERE TO SAY GOOD OR BAD WHY IT HAPPENED. I SERVED ON THE COMMISSION WITH TWO CITY MANAGERS. FIRST J. SCOTT MILLER WHO RELOCATED TO COLLEGE PARK, GEORGIA. AND THEN KERRY PARKER, YOU MAY KNOW WHO SHE IS. SHE DID SERVE ON THE SCHOOL BOARD. KERRY PARKER PUT FORTH A REORGANIZATION OF THE CITY BACK THEN. AND THE MAYOR AT THE TIME, ED HARMONY WAS VERY UPSET ABOUT IT, DOWNRIGHT TICKED OFF I WOULD SAY BECAUSE ONE OF THE PEOPLE WHO IS BEING REORGANIZED WAS A FELLOW NAMED BILL SULLIVAN WHO WAS THE H.R. MANAGER, VERY, VERY GOOD FRIENDS WITH ED HARMONY. AND AT THAT MEETING, ED HARMONNING SAID, IF I KNEW I HAD THREE VOTES, I WOULD FIRE YOU TONIGHT, TALKING ABOUT KERRY PARKER. I WASN'T HAPPY WITH THE REORGANIZATION MYSELF BUT I WAS NOT PREPARED TO VOTE TO FIRE THE CITY MANAGER OVER THAT. AND SO CONSEQUENTLY TO THAT, SUBSEQUENTLY TO THAT, THE NEXT COMMISSION DECIDED TO INSTITUTE THE 4-1 SUPER MAJORITY. THAT'S WHY IT'S IN PLACE. THAT'S WHY WE HAD CURT BREZNER MANY YEARS AND LORI LaVERRIERE FOR MANY YEARS. THAT'S WHY WE HAVEN'T HAD LARGE TURNOVER OF CITY MANAGERS SINCE WE HAVE BEEN HERE. BECAUSE YOU NEED TO TAKE THE BLOODY POLITICS OUT OF THE PROCESS OF HIRING AND FIRING THE CITY MANAGER. [APPLAUSE] I UNDERSTAND THAT ANY ONE TIME HAVING SERVED ON THE COMMISSION, THE CITY MANAGER CAN TICK OFF THREE COMMISSIONERS, FOR WHATEVER REASON. BUT YOU CAN'T LET THAT COME INTO YOUR BRAINS AND THINK ABOUT WANTING TO FIRE THE CITY MANAGER NO MATTER WHO THEY ARE. AGAIN, YOU NEED TO KNOW THE HISTORY OF WHY IT CAME ABOUT AND WHY IT'S BEEN SUCCESSFUL. THAT'S ALL I'VE GOT TO SAY. THANK YOU. [APPLAUSE] >> MAYOR: THANK YOU. NEXT SPEAKER TO THE OTHER PODIUM. COME ON UP, STATE YOUR NAME FOR THE RECORD AND BEGIN WHEN YOU ARE READY. >> MELISSA HAGINS. IN 2001 I ASKED TO SEE IF I COULD GET PROPER DRAINAGE WHERE I LIVED AT. THEY SAID THEY WERE NOT GOING TO PUT ANY DRAINAGE, THEY WOULD DIG SWALES. WE NEED THE SWALES REDUG. I GUESS I HAVE TO COME UP HERE AND TELL SOMEONE. I DON'T KNOW THE LITTLE MAN IN THE CAR THAT RIDE AROUND, I DON'T KNOW IF HE REPORTS BACK. I KNOW HE STICKER PEOPLE CARS IF THEY DON'T HAVE THE RIGHT TAG. BUT THEY DON'T GET BACK AND SAY, WELL, HEY, THIS LADY OVER HERE, WE NEED SWALES DUG OUT BECAUSE SHE'S GOING TO HAVE A FLOODING ISSUE. SEPTEMBER THE 11th, I THINK Y'ALL HAD A MEETING. IT RAINED FOR ONE HOUR. I COULDN'T GET OUT OF MY HOUSE. THE WATER WAS ALL THE WAY UP PAST MY TREE. SO THEY ARE GOING TO WIDEN GATEWAY BRIDGE. IS THAT GOING TO BRING MORE DEBRIS AND MAKE ME MORE OF A -- HAVE A FLOODING ISSUE IN MY AREA? I MEAN 2001 I ASKED FOR SOME DRAINAGE AND ON GATEWAY BRIDGE, I NOTICED THE DRAINAGE, IT LOOKED LIKE FLOWER POTS. THERE'S TREES GROWING OUT OF THOSE THINGS. SO THEY DON'T GET THE PROPER I GUESS DRAINAGE THERE. SO I'M HOPING THAT SOMEBODY CAN HELP ME ON MY END BECAUSE COMING UP HERE, I DON'T FEEL LIKE IT'S MY JOB TO KEEP COMING UP HERE STATING PROBLEMS WHEN I GUESS I ASSUME Y'ALL HAVE PEOPLE GOING AROUND LOOKING AT AND SEEING WHAT WE NEED DONE IN OUR NEIGHBORHOODS. ANOTHER THING IS I WAS -- I LISTENED TO A COMMENT ON ONE OF THE CITIZENS MADE BEFORE. AND IT'S ABOUT -- I NOTICED THEY CAME UP HERE ABOUT THE SCHOOL KIDS, CHANGING THE HOURS. NOW, THESE ARE ELEMENTARY KIDS. TELL ME WHY DO THEY HAVE TO WALK TO SCHOOL WITHIN TWO MILES BUT A CITY WORKER CAN LIVE A HALF A BLOCK DOWN THE ROAD AND HAVE CITY TRUCKS PARKED IN THEIR YARDS. IT DOESN'T MAKE SENSE. THESE LITTLE KIDS HAVE TO WALK MORE THAN -- AS LONG AS IT'S LESS THAN 2 MILES ACROSS SEACREST WHICH IS 95, YOU KNOW, ACROSS THAT DANGEROUS HIGHWAY, I SEE LITTLE KIDS ALL THE TIME. AND I'M AFRAID FOR THEM. THEY DON'T HAVE AN ADULT WITH THEM AND THEY ARE WALKING ALONG THE STREET. I MEAN THEY CAN'T GET TRANSPORTATION. WHY AREN'T THEY BUSED? I MEAN LESS THAN TWO MILES. WHAT KID WANT TO WALK TO SCHOOL ALMOST TWO MILES AND THEN, YOU KNOW, GET THERE AND ACTUALLY HAVE SOME -- NOT TIRED. BUT YOU HAVE CITY WORKERS WITH CARS LESS THAN A BLOCK OR TWO BLOCKS -- I HAVE SEEN IT. I'M LIKE WHY DO THEY HAVE THOSE CARS PARKED IN THERE LIKE THEY ARE THEIR OWN PERSONAL CAR. I DON'T KNOW IS IT ACCESSORIES, BUT IT DOESN'T MAKE SENSE. MAKE THINGS MAKE SENSE. THESE KIDS, IF THEY HAVE TO WALK, THE CITY WORKER -- I DON'T KNOW IF THESE ARE LIKE FOR EMERGENCY PURPOSES OR WHAT. I DON'T KNOW WHAT KIND OF EMERGENCY THEY HAVE TO GO TO. I KNOW THE POLICE MAYBE OR THE FIRE PEOPLE OR WHATEVER. BUT CITY WORKERS, I REALLY DON'T KNOW. I DON'T WANT TO KNOCK WHAT I DON'T KNOW ABOUT. BUT THEY REALLY NEED TO LOOK INTO THESE KIDS. >> MAYOR: ALL RIGHT, THANK YOU. [APPLAUSE] MA'AM, BEFORE YOU LEAVE, I JUST WANT TO ENCOURAGE YOU, MAYBE PERHAPS KEVIN -- WOULD YOU MIND REACHING OUT AND GETTING HER CONTACT INFORMATION TO FOLLOW UP ON THE FLOODING? THANK YOU SO MUCH. NEXT SPEAKER, BEGIN WHEN YOU ARE READY. >> KAREN RINEHART. I AM HERE TO TALK AGAIN -- >> MAYOR: COULD YOU MOVE CLOSER TO THE MIC PLEASE? >> I AM CALLING TO SPEAK ABOUT -- I WAS TOLD ALSO THAT YOU GUYS WERE GOING TO CHANGE THIS TO A SANCTUARY CITY. AND I WAS VERY CONCERNED ABOUT IT AND LISTEN TO WHAT I HAVE TO SAY. YOU GUYS CAME OUT AND PUT ALL THESE POLES IN OUR NEIGHBORHOOD. NOT ONE OF YOUS KNOCKED ON ANYBODY'S DOOR IN OUR NEIGHBORHOOD AND ASKED US ABOUT THESE POLES. I CAME UP HERE AND I TALKED ABOUT THESE SO-CALLED INTERNET, FREE INTERNET POLES. THAT'S NOT WHAT THEY ARE. NOBODY WAS EVER TOLD ABOUT IT. YOU GUYS JUST DID IT. SO THAT'S WHAT I EVEN WALKED MY NEIGHBORHOOD TODAY. AND BEGGED PEOPLE TO COME TO THIS MEETING BECAUSE I WAS HERE WHEN THIS WAS A SANCTUARY CITY. AND IT WAS NO GOOD. AND I WANT TO SAY ANOTHER THING. THIS IS FOR EVERYBODY THAT LIVES IN BOYNTON THAT OU OWNS A HOME. WHEN THERE IS A HURRICANE COMING, DO NOT CUT YOUR TREES AND PUT THEM OUT ON THE STREET. THIS HAPPENS EVERY HURRICANE. AND IT'S NOT FAIR TO THE PEOPLE THAT LIVE THERE AND FOR THE CITY WORKERS BECAUSE I BEGGED AND I SPOKE TO TURKIN, THOMAS TURKIN THIS PAST HURRICANE BECAUSE SOMEONE CUT A WHOLE MANGO TREE DOWN THE STREET AND HE HAD THE PEOPLE COME. WHY CAN'T PEOPLE UNDERSTAND THAT IT'S YOUR HOME, IT'S YOUR PROPERTY, IT'S THE SAME THING OF CUTTING YOUR TREES. CUT YOUR TREES, YEAH, BUT DON'T DO IT WHEN A HURRICANE IS COMING. AND I LIVE DOWN BY THE 95 WALL. IT IS DISGUSTING BACK THERE. THERE IS GARBAGE ALL THE TIME. THERE'S GRAFFITI. LIKE WHY DOESN'T THE CITY DO SOMETHING ABOUT THAT? YOU KNOW, I HAVE LIVED HERE FOR MANY YEARS AND IT'S BEEN THE SAME WAY YEAR AFTER YEAR. AND, YOU KNOW, THIS THING ABOUT THESE POLES, SOMEBODY BETTER, YOU KNOW, COME CLEAN AND TELL US AS, YOU KNOW, HOMEOWNERS WHAT THEY ARE DOING IN OUR PROPERTIES, ON OUR PROPERTIES, IN OUR NEIGHBORHOOD. I THINK WE HAVE A RIGHT TO KNOW. I WATCHED THEM POLES DURING THIS PAST STORM THAT WASN'T EVEN A BAD STORM. AND I WATCHED THEM GO LIKE THIS. THEY ARE NOT SAFE. AND YOU GUYS JUST STUCK THEM IN THERE. YOU GUYS MADE THE PERMITS TO HAVE THEM PUT THEM ALL IN OUR NEIGHBORHOOD. NOW, YOU GUYS KNOW, LET US KNOW. WHY HIDE IT FROM US? IT'S NOT FAIR TO US AS THE PEOPLE. WE LIVE HERE. WE HAVE TO DEAL WITH THESE POLES WHENEVER THEY ARE CAUSING CANCER OR WHATEVER THEY DO. BUT WE SHOULD HAVE AN EXPLANATION TO WHAT THEY ARE. AND I HAVE ASKED ABOUT THIS IN ANOTHER MEETING. AND NOBODY SAYS ANYTHING, NOBODE AGENDA OR ANYTHING. [TONE] IT'S ABOUT TIME YOU ANSWER SOME QUESTIONS. >> MAYOR: ALL RIGHT. THANK YOU. [APPLAUSE] NEXT SPEAKER, STATE YOUR NAME FOR THE RECORD AND BEGIN WHEN YOU ARE READY. >> YEAH, GOOD EVENING. STEVE MUCKERMAN. A COUPLE OF COMMENTS AND SUGGESTIONS IF I MAY. SO I THINK IT'S REAL IMPORTANT THAT EVERYONE HERE IS WELL-INFORMED ABOUT WHAT GOES ON, WHO VOTES FOR WHAT AND WHY. AND I THINK IT WOULD BE A GOOD THING IF WE CAN KIND OF BE TRANSPARENT ABOUT THAT. ONE THING I WOULD SUGGEST IS WE GET THE WATER BILLS EVERY MONTH AND YOU GUYS PUT IN FLYERS LIKE CHRISTMAS PARADES AND HALLOWEEN PARTY AND WHAT NOT. I THINK IT WOULD BE GOOD IF MAYBE EVERY QUARTER IN THAT FLYER PUT IN THERE WHO VOTED FOR WHAT. LIKE ON KEY ISSUES, LIKE A FEW MONTHS AGO THAT BIG SEVEN-STORY APARTMENT COMPLEX YOU VOTED ON, ONE COMMISSIONER VOTED AGAINST IT, THE OTHERS ALL VOTED FOR IT. IT WOULD BE GOOD TO KNOW WHEN PEOPLE VOTE THAT THEY KNOW HOW WELL THEY ARE BEING REPRESENTED. I THINK IT WOULD BE A VERY GOOD THING. I KNOW YOU GUYS HAVE THIS OUT ON TVLAND. I'VE NEVER HAD IT QUESTIONED ON TVLAND AND HOW MANY PEOPLE WATCH THAT. I THINK IT'S GOD TO BE TRANSPARENT AND VERY HELPFUL IF YOU COULD MAYBE IN A QUARTERLY WATER BILL SAY HERE IS OUR COMMISSIONERS, HERE'S LIKE FIVE BIG ISSUES THAT CAME UP AND HERE'S WHO VOTED FOR IT, HERE'S WHO VOTED AGAINST IT. AND I THINK THAT WOULD BE A GOOD WAY TO BE VERY TRANSPARENT. SO THANK YOU VERY MUCH. >> MAYOR: THANK YOU. [APPLAUSE] ALL RIGHT. ANYONE ELSE IN THE CHAMBERS BEFORE WE GO TO THOSE ONLINE? ALL RIGHT, SEEING NO ONE ELSE IN THE ROOM, LET'S GO CHECK ONLINE. AND I SEE NO ONE ONLINE. WITH THAT, PUBLIC AUDIENCE IS NOW CLOSED. WE'RE GOING TO MOVE ON TO THE NEXT PORTION OF THE AGENDA WHICH IS THE ADMINISTRATIVE PORTION. ADMINISTRATIVE 5A, ADVISORY BOARD APPOINTMENTS. LET ME PULL UP THE LIST. SO LOOKING AT THE LIST, WE HAVE SEVERAL OPENINGS AND MANY ADVISORY BOARDS. LET'S JUST GO DOWN TO THE ONES WHERE WE DO HAVE APPLICANTS. THE FIRST ONE HERE IS THE LIBRARY BOARD, THERE ARE SEVERAL I CAN'T FOR THE LIBRARY BOARD. COMMISSIONER TURKIN, THIS NOMINATION GOES TO YOU. THERE IS A REGULAR MEMBER SEAT. LET'S BEGIN WITH YOU, COMMISSIONER TURKIN, IF YOU WOULD LIKE TO MAKE A NOMINATION. >> MAYOR, DO YOU MIND READING THE APPLICANT FOR ME? I DON'T WANT TO PULL IT BACK UP. >> MAYOR: SO THE NAMES ARE FOR THE LIBRARY BOARD, BEVERLY COCOALEY, I APOLOGIZE IN ADVANCE ADVANCE. AARON DAVIS, JANE McGILL, LORRAINE FARMER AND HARISH MUTT HAD AND JOANNE HAMPER, BILL LEE, MELISSA OWEN AND ELIZABETH WATTS. WOULD YOU LIKE ME TO RUN THROUGH THE NAMES AGAIN, COMMISSIONER? >> NOPE, THAT'S OKAY. WE'LL GO WITH BEVERLY. >> MAYOR: WITH BEVERLY. >> OH, THAT'S GOOD. THANK YOU. >> MAYOR: YES. IS THERE A SECOND TO THAT NOMINATION? >> SECOND. >> MAYOR: WE HAVE A SECOND BY COMMISSIONER HAY. ALL THOSE IN FAVOR OF POINTING BEVERLY COCOLEY TO THE LIBRARY BOARD SAY AYE. [AYES] THAT PASSES UNANIMOUSLY. THE NEXT ITEM IS THE MUNICIPAL FIREFIGHTERS PENSION TRUST FUND BOARD. WE HAVE ONE APPLICANT, DESIREE PATTERSON. COMMISSIONER CRUZ, THIS NOMINATION GOES TO YOU FOR THE REGULAR SEAT FOR A FOUR-YEAR TERM. WOULD YOU LIKE TO MAKE A NOMINATION? >> YES, MAYOR. I WILL NOMINATE DESIREE PATTERSON. >> SECOND. >> MAYOR: I DON'T KNOW WHO WAS FIRST. COMMISSIONER HAY PERHAPS WAS THE SECOND. ALL THOSE IN FAVOR OF APPOINTING DESIREE PATTERSON TO THE MUNICIPAL FIREFIGHTERS TRUST FUND BOARD SAY AYE. [AYES] ANYONE OPPOSED? MOTION PASSES UNANIMOUSLY. ALL RIGHT. MOVING ON AND I BELIEVE -- LET ME JUST DOUBLE-CHECK. THAT MIGHT BE IT. AND IT IS. ALL RIGHT. THAT CONCLUDES 5A. WE'RE GOING TO MOVE ON TO 5B, COMMUNITY SUPPORT FUNDS. TODAY WE HAVE A REQUEST FROM COMMISSIONER TURKIN. LET ME OPEN THAT UP. ALL RIGHT. SO THIS IS FOR GROWING STRONG MINISTRIES. COMMISSIONER TURKIN, THIS WAS YOUR REQUEST. IS THERE A SECOND TO HIS REQUEST? >> SECOND. >> MAYOR: VICE MAYOR WAS THE SECOND. ALL THOSE IN FAVOR OF APPROVING THIS ITEM, SAY AYE. [AYES] ANYONE OPPOSED? MOTION PASSES UNANIMOUSLY. ALL RIGHT. WE'RE NOW GOING TO MOVE ON TO CONSENT AGENDA. LET ME TAKE A MOMENT AND ASK MY COLLEAGUES, IS THERE ANYTHING UNDER CONSENT THAT YOU WOULD LIKE TO PULL. UNDER CONSENT. NO? IF THERE'S NOTHING, MAY I HAVE A MOTION TO APPROVE THE ENTIRETY OF CONSENT. >> MOVE TO APPROVE. >> SECOND. >> MAYOR: MOTION FROM COMMISSIONER HAY AND SECOND BY VICE MAYOR KELLEY TO APPROVE THE ENTIRETY OF THE CONSENT AGENDA. ALL THOSE IN FAVOR, SAY AYE. [AYES] ANYONE OPPOSED? MOTION PASSES UNANIMOUSLY. NOW WE MOVE ON TO SECTION 7 WHICH IS CONSENT BIDS AND PURCHASES OVER 100,000. ARE THERE ANY REQUESTS FROM MY COLLEAGUES? ANYONE WISH TO PULL AN ITEM? IF NOT, I'LL ENTERTAIN A MOTION TO APPROVE. >> MOTION TO APPROVE. >> MAYOR: MOTION TO APPROVE FROM COMMISSIONER HAY. IS THERE A SECOND? >> SECOND. >> MAYOR: SECOND FROM VICE MAYOR KELLEY. ALL THOSE IN FAVOR OF APPROVING BIDS AND PURCHASES OVER $100,000, SAY AYE. [AYES] MOTION PASSES UNANIMOUSLY. WE WILL TURN TO THE PUBLIC HEARING PORTION OF THE MEETING. WE WILL TURN TO THE CITY CLERK TO INITIATIVE THE PROCESS. >> PROPOSED ORDINANCE NUMBER 24-017, SECOND READING, AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING THE CITY OF BOYNTON BEACH'S CODE OF ORDINANCES CHAPTER 15, OFFENSES, MISCELLANEOUS, ARTICLE 9, 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 EFFECTIVE DATE. >> MAYOR: THANK YOU SO MUCH, CITY CLERK. LET ME TURN NOW TO MS. STONE. IF YOU COULD GIVE US A BRIEF OVERVIEW OF THE ITEM. >> GOOD EVENING, COMMISSION, MAYOR, VICE MAYOR, AUDIENCE. I'M HERE FOR THE SECOND READING, SO THE CHANGES THAT WERE MADE WERE CONCERNING THE TREE TRIMMING. LET ME JUST GET MY PART. SO WE CHANGED THE VERBIAGE TO SAY NEWLY PLANTED TREES SHALL BE MAINTAINED SO THAT THE MATURE CANOPY IS A MINIMUM OF 10 FEET AWAY FROM THE OVERHEAD UTILITY LINES. SO THIS IS JUST A GUIDELINE AND A STANDARD SET FOR RESIDENTS TO KNOW WHERE THEY SHOULD REALLY PLANT THE TREE AND TO KEEP THAT AWARENESS WHEN THEY PLANT IT. NOT THAT WE'RE GOING TO GO OUT THERE AND LOOK AT EVERY TREE AND SAY THAT ONE IS NEW, THIS ONE IS NOT NEW. IT'S JUST A STANDARD TO GO BY, FOR THE RESIDENTS TO GO BY WHEN PLANTING. AND THEN WE ADDED THAT TREES DIRECTLY UNDER AND GROWING INTO THE FACILITY OR UTILITY SPACE SHALL BE REMOVED OR PRUNED USING DIRECTIONAL PRUNING METHODS WHEN POSSIBLE. SO THERE IS FP&L WILL COME OUT IF YOU PUT A REQUEST IN, THE RESIDENT PUTS A REQUEST IN, FP&L WILL COME OUT AND THEY WILL ASSESS THE TREE AND LET YOU KNOW WHETHER IT WILL NEED TO BE REMOVED. SOMETIMES THEY REMOVE IT AND SOMETIMES THEY DO DIRECTIONAL PRUNING WHERE THEY WON'T HAVE TO REMOVE THE TREE. THERE'S ALSO LICENSED LANDSCAPERS WHO DO THE SAME IF THE RESIDENTS HIRE THEM. THAT WAY IT'S NOT NECESSARILY SAYING THAT THE TREE IS GROWING IN, THEY WILL HAVE TO REMOVE IT. IT COULD BE DIRECTIONALLY PRUNED. YOU SEE THAT A LOT AROUND THE STREETS. GOOD EXAMPLES ARE TREES YOU CAN SEE DIRECTIONAL PRUNING WHICH CAN BE DONE IN THE BACK YARDS AS WELL. THEN THE TREES SHALL BE PRUNED IN ACCORDANCE WITH THE STANDARD SET FORTH IN THE AMERICAN NATIONAL STANDARDS INITIATIVE WHICH IS STANDARDS SET BY A COMPANY AND MOST CITIES, A LOT OF CITIES WILL USE THOSE STANDARDS AND THE RESIDENTS CAN USE THAT AS A GUIDELINE HOW TO PRUNE THE TREES. THEN AS VICE MAYOR KELLEY REQUESTED, I DID DRAFT A PLAN OF ACTION WHICH INCLUDES GETTING THE INFORMATION OUT THERE. IT INCLUDES OBJECTIVE, TIMELINE, COMMUNICATION, WORKING WITH FP&L AS WELL. LIKE I SAID, THEY WILL COME OUT IF YOU PUT A REQUEST IN. HOW LONG IT TAKES, I WON'T KNOW. ALONG WITH A DRAFT OF A -- WHERE IS THAT? A LETTER TO THE RESIDENTS THAT STATE WHAT THE NEW ORDINANCE IS AND GIVES THEM OPTIONS, WHAT THEY CAN DO AND WHERE THEY CAN GIVE SOME RESOURCES. I HAVEN'T BEEN ABLE TO SECURE ANY FUNDING. I AM SEARCHING THROUGH DIFFERENT DEPARTMENTS AND I HAVE SOME MORE RESEARCH TO DO FOR FUNDING TO SEE IF THAT IS A POSSIBILITY. I AM MEETING WITH ALANNAH NEXT WEEK OR THE END OF THIS WEEK TO SEE IF MAYBE THROUGH ONE OF HER FUNDINGS THAT'S GOING TO BE PROPOSED NEXT YEAR WE CAN INCLUDE THAT. BUT FOR NOW, I HAVEN'T REALLY SECURED A FUNDING. BUT, YOU KNOW, WE'LL AGAIN WORK WITH THE RESIDENTS ON COMPLIANCE AS LONG AS IT'S NOT SPARKING HEALTH AND SAFETY IN THAT MANNER, THEN, YOU KNOW, WE CAN OBVIOUSLY GIVE TIME FOR THEM TO COMPLY AND, YOU KNOW, CURE THE PRUNING. >> MAYOR: ALL RIGHT. THANK YOU, CANDACE. LET'S GO TO VICE MAYOR. >> THANK YOU. THANK YOU, CANDACE. THOSE DRAFTS THAT YOU HAVE, CAN YOU -- I WAS REALLY HOPING BEFORE SECOND READING THAT WE WERE GOING TO HAVE AN OPPORTUNITY TO LOOK AT THEM BECAUSE, YOU KNOW, AS MY CONCERN WAS AT THE MEETING, WAS WITHOUT KNOWING HOW THIS WAS GOING TO ROLL OUT AND HOW THAT WAS GOING TO AFFECT THE RESIDENTS, IT'S REALLY HARD FOR ME TO PUT AN ORDINANCE IN PLACE THAT'S GOING TO REQUIRE STRICT COMPLIANCE WHEN THE WAY THAT WE'RE GOING TO ROLL THAT OUT IS NOT CLEAR. NOT ONLY TO US, BUT ALSO TO THE RESIDENTS. SO I'M GLAD THAT WE HAVE A DRAFT PLAN IN PLACE. BUT I'M JUST HESITANT TO CHANGE THIS WITHOUT REALLY VETTING HOW THIS IS GOING TO ROLL OUT. SO I DON'T KNOW IF SO THAT'S MY CONCERN. AND THAT WAS MY CONCERN AT THE LAST MEETING AS WELL. AND I DON'T KNOW IF STAFF HAS A SOLUTION TO THAT BECAUSE WE DON'T REALLY KNOW EXACTLY HOW THAT'S GOING TO ROLL OUT WITH CONVERSATIONS WITH FP&L OR WITH STAFF. AND, YOU KNOW, THE FINANCIAL BURDEN, THE POTENTIAL FINANCIAL BURDEN TO THE RESIDENTS IS A CONCERN. SO I'M GLAD THAT WE HAVE A DRAFT BUT I AM CONCERNED WITHOUT HAVING THAT KIND OF FINALIZED AND VETTED AND AGREED TO, THAT WE ARE PUTTING THIS ORDINANCE IN PLACE. >> WELL, I CALL IT A DRAFT. I MEAN I CAN READ IT OR IF YOU WANT, YES, TABLE THIS AND WE CAN SEND IT TO HAVE YOU GUYS REVIEW. >> EXCUSE ME, I DID WANT TO MENTION THIS WAS TABLED FROM LAST MEETING. >> RIGHT. >> SO IF WE'RE GOING TO CONSIDER IT NOW, WE SHOULD MOVE TO UNTABLE THE ITEM. IF NOT, WE CAN -- >> IT DOESN'T SHOW THAT IT WAS TABLED. I THOUGHT WE JUST HAD MADE CHANGES. >> NO, IT DOES HERE. YEAH, IT DOES HERE. >> MAYOR: 8A? >> IN THE MINUTES FROM THE LAST MEETING. >> MAYOR: I SEE. >> THAT IT WAS TABLED. >> MAYOR: SO LET'S ENTERTAIN A MOTION TO REMOVE FROM THE TABLE FIRST SINCE WE ARE DISCUSSING IT ALREADY. >> MOTION. >> MAYOR: WE HAVE A MOTION AND SECOND TO REMOVE THIS ITEM FROM THE TABLE SO WE CAN DISCUSS IT. ALL THIS IN FAVOR OF THE MOTION TO REMOVE FROM THE TABLE SAY AYE. [AYES] ANYONE OPPOSED? MOTION PASSES UNANIMOUSLY. THANK YOU SO MUCH. IT WAS NOT WRITTEN ON THE AGENDA OR AT LEAST NOT IN MY COPY. THANK YOU FOR THAT. THANK YOU FOR LETTING US KNOW. CANDACE, KEEP GOING. WHAT WERE YOU SAYING? >> I WAS JUST SAYING IF YOU GUYS WANTED TO EITHER I CAN SEND THE DRAFT I HAVE OR I CAN READ IT WHAT I HAVE HERE. AND IF YOU GUYS ARE OKAY WITH THAT, THEN IT COULD BE A FINAL DRAFT -- I MEAN IT COULD BE A FINAL, YOU KNOW, IMPLEMENTATION. >> SO WHAT -- I GUESS WHAT EXACTLY -- WHAT CHANGES TO THE ORDINANCE ARE DIRECTLY RELATED OR ARE AFFECTED -- WOULD DIRECTLY AFFECT THE RESIDENTS AS FAR AS THIS TREE TRIMMING ISSUE? >> IT WOULD JUST -- IF THERE'S A TREE THAT'S ALREADY -- THAT IS GROWN INTO THE POWER LINES, THEN RESIDENTS ARE GOING -- OBVIOUSLY, THEY ARE GOING TO HAVE IN VIOLATION RIGHT AWAY. THAT'S WITH ANY ORDINANCE OR ANY NEW ORDINANCE, YOU WILL HAVE PEOPLE IN VIOLATION. THAT'S WHY WE ARE GOING TO GIVE THAT GRACE PERIOD AND PUT COMMUNICATION OUT THERE TO ALLOW THEM TO, YOU KNOW, TRIM IT ON THEIR OWN AND HIRE SOMEONE IF THEY NEED OR PUT THE TICKET IN TO FP&L AND HAVE THEM COME OUT AND DO IT AND GIVE TIME. EVEN IF, LET'S SAY, IT'S A -- LET'S SAY THEY DO GET CITED BECAUSE WE ARE OUT THERE AND WE ARE DOING -- WE LOOK AT EVERYTHING AS A WHOLE. THAT'S ONE OF THE ITEMS THAT WE SEE, THAT THE TREES ARE IN THE POWER LINES. THEN AS LONG AS IT'S NOT SPARKING OR CAUSING A HEALTH AND SAFETY ISSUE, THEN WE CAN GIVE THEM VERBAL WARNING, GIVE THEM COURTESY NOTICE AND GIVE THEM THAT TIME TO COMPLY. THEY PUT IN A TICKET WITH FP&L, THEY'LL GET THAT NUMBER BACK, A REFERENCE NUMBER THEY CAN GIVE US AND WE CAN GIVE MORE TIME TO SEE WHEN FP&L IS GOING TO GO OUT THERE. AND, YOU KNOW, ADDRESS IT IF THEY ARE GOING TO. >> THANK YOU. SHAWNA, IS THERE -- I KNOW IT'S NOT CUSTOMARY ON AN ORDINANCE. BUT IN THIS SITUATION WHERE IT DIRECTLY AFFECTS RESIDENTS, WHAT DOES LEGAL RECOMMEND AS FAR AS -- DO WE DO SOME SORT OF A ROLLOUT DATE? OR DO WE PASS IT WITH THE DISCLAIMER AND THE KNOWLEDGE THAT THERE IS THIS WAITING PERIOD? BECAUSE WHAT I DON'T WANT TO HAPPEN IS THAT THIS PASSES AND THEN ALL THESE DRAFTS THAT WE'RE PROPOSING AND HOW WE'RE GOING TO HANDLE THIS DON'T EVER GET FINALIZED OR THEY DON'T GET ROLLED OUT PROPERLY. AND THEN HERE WE ARE OUT CODE VIOLATING RESIDENTS. AND I FORESEE THAT BEING A GIANT DISASTER. SO I WANT TO MAKE SURE THAT IT IS VERY CLEAR THAT THAT'S NOT WHAT'S GOING TO HAPPEN. >> SURE. WHAT WE CAN DO, I WOULD TABLE IE MORE WEEK. WE CAN WORK IT INTO THE ORDINANCE, EITHER THAT SPECIFIC PROVISION WILL HAVE A SPECIFIC EFFECTIVE DATE OR CANDACE AND I CAN WORK WITH PERHAPS THE ENTIRE ORDINANCE. NORMALLY IT'S EFFECTIVE IMMEDIATELY UPON PASSAGE, BUT WE COULD CERTAINLY CHANGE THAT OR WE COULD DO A MOTION TO CHANGE THAT NOW. AND THEN I JUST HAVE TO REWRITE THE ORDINANCE TO REFLECT WHATEVER THE BOARD WANTS NOW. WE CAN DO IT ONE OF TWO WAYS. YOU CAN TELL ME WHAT YOU WANT IT TO BE AND THEN I CAN IMPLEMENT THOSE CHANGES AND YOU CAN PASS IT TONIGHT SUBJECT TO THOSE CHANGES. OR WE CAN TABLE IT AGAIN. WE CAN SEE THE CHANGES, HOW IT'S WRITTEN AND THEN VOTE ON IT. WHATEVER THE COMMISSION DEEMS BEST. >> YEAH. I MEAN SO THEN MY SECOND CONCERH THAT IF THAT'S THE CONSENSUS OF THE BOARD. BUT THEN I ALSO DON'T WANT TO LOSE FORWARD MOTION EITHER ON THIS. ALSO THEN DON'T WANT -- BECAUSE THE EFFECTIVE DATE IF WE DECIDED TO PUSH THE EFFECTIVE DATE DATE OFF, THEN NOTHING WOULD HAPPEN ON THE ORDINANCE UNTIL IT WAS EFFECTIVE AND THEN WE'RE THEN GOING OUT AND CODING AND WE'RE RUNNING INTO THE SAME ISSUE WHERE WE ARE BACKLOGGING RESIDENTS WITH CODE VIOLATIONS ON A TREE ISSUE. I JUST WANT TO MAKE SURE IT'S CLEAR THAT WE HAVE TO BE PROACTIVE ON THIS, AND THAT WHETHER OR NOT THIS IS EFFECTIVE UPON VOTING ON IT TONIGHT OR WHETHER IT'S EFFECTIVE IN SIX MONTHS, WE CAN'T WAIT UNTIL SIX MONTHS TO THEN START THE PROCESS OF HOW WE'RE GOING TO NOTIFY RESIDENTS. IF WE KNOW THERE'S ISSUES NOW, WE SHOULD BE BEING PROACTIVE ABOUT THAT IN WHATEVER WAY WE COULD. >> YOU COULD POTENTIALLY WRITE INTO IT THAT FOR THIS PARTICULAR CODE VIOLATION, THAT UPON THE THIRD NOTICE OF VIOLATION, THAT'S WHEN THE FINES WILL BEGIN TO ACCRUE. >> SO I ALREADY HAVE THAT IN THIS DRAFT. LIKE I SAID, IF YOU WANT, I CAN READ THROUGH IT SO THAT WAY YOU KNOW THE IDEA. I CAN GIVE IT TO YOU TO READ IF THAT'S WHAT YOU WANT. >> I DON'T WANT TO HOLD UP THE WHOLE MEETING ON THIS ONE LITTLE THING, BUT THAT'S FINE. THOSE ARE MY CONCERNS. I'M GLAD TO SEE -- LIKE I SAID, I HAVEN'T SEEN THE DRAFT SO I'M GLAD TO SEE THAT WE ARE CONSIDERING THOSE THINGS. SO I GUESS I'LL JUST HEAR WHAT THE REST OF MY COLLEAGUES THINK. BUT IT'S TOUGH FOR ME TO PUT SOMETHING INTO LAW THAT'S DIRECTLY GOING TO AFFECT THE RESIDENTS WITHOUT EXACTLY KNOWING HOW WE'RE GOING TO ROLL IT OUT AND HOW WE'RE GOING TO BE PROACTIVE FOR THE RESIDENTS. >> MAYOR: THANK YOU, VICE MAYOR. AND I SUPPORT YOUR SENTIMENTS. I THINK IF WE WAIT ONE MORE MEETING, IT'S NOT THE END OF THE WORLD BUT WE WANT TO GET THIS RIGHT BECAUSE WE DON'T WANT TO ADVERSELY AFFECT RESIDENTS WITHOUT A COMPLETE PLAN IN PLACE. I'M RIGHT THERE WITH YOU. WAS THAT YOUR LEANING AS WELL? TO MAYBE WAIT UNTIL THE NEXT MEETING? LET'S HEAR FROM OUR COLLEAGUES AS WELL. COMMISSIONER CRUZ AND COMMISSIONER HAY. >> I'LL SUPPORT THE VICE MAYOR AS WELL. THAT'S A GREAT POINT. >> MAYOR: COMMISSIONER HAY. >> I DO AGREE WITH THE VICE MAYOR. >> MAYOR: ANY THOUGHTS, COMMISSIONER TURKIN. >> GOOD TO GO. I AGREE. >> MAYOR: ALL RIGHT. >> MOTION TO RETABLE ITEM 8A. >> SECOND. >> CAN I ASK ONE QUESTION? >> MAYOR: YES. WHAT TIME FRAME DO YOU BELIEVE WE SHOULD GIVE AFTER THE EFFECTIVE DATE? BECAUSE RIGHT NOW I'M SETTING -- I HAVE HERE 90 DAYS. I WANT TO GET AN IDEA SO I CAN MAYBE REWRITE THAT PORTION. >> WELL, LET'S SEE WHAT YOU HAVE. MY OPINION IS LET'S SEE WHAT YOU HAVE STARTED AND SEE WHAT YOU ARE PROPOSING. >> MAYOR: COMMISSIONER TURKIN, IF YOU COULD PLEASE MUTE YOURSELF, WE'RE HEARING A LOT OF BACKGROUND NOISES. THANK YOU SO MUCH. GO AHEAD, VICE MAYOR. >> BASED ON YOUR KNOWLEDGE AND BASED ON CODE AND HOW YOU HANDLE CODE, YOU KNOW, CODE, LET'S SEE WHAT YOU PROPOSE AND WHAT LEGAL SAYS. AND THEN GO FROM THERE. THAT'S MY POSITION. >> PERFECT. >> MAYOR: ALL RIGHT. THANK YOU. WE HAVE A MOTION TO TABLE. WE HAVE A SECOND. ALL THOSE IN FAVOR OF TABLING ITEM 8A TO THE NEXT MEETING, A AYE. [AYES] ANYONE OPPOSED? MOTION PASSES UNANIMOUSLY. THIS ITEM IS NOW TABLED. LET'S PROCEED TO ITEM 8B. >> THANK YOU. ITEM 8B, CITY CLERK. >> PROPOSED ORDINANCE NUMBER 24-020, ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA OF THE BOYNTON BEACH CODE OF ORDINANCES AND ENTITLED 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 OF ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR EFFECTIVE DATE. LET . >> MAYOR: LET ME TURN TO COUNSEL. OUR COUNSEL INFORMED ME OF A RECENT UPDATE. >> YES. I HAD A TELEPHONE CONVERSATION WITH BONNIE JENSEN, THE ATTORNEY FOR ALL OF OUR PENSION PLANS. ACTUALLY, SHE'S KIND OF THE GURU. SHE MADE SOME ADDITIONAL RECOMMENDATIONS TO THIS. AND I DON'T WANT YOU GUYS TO TAKE MY WORD FOR IT. UNFORTUNATELY BECAUSE SHE HAD ANOTHER COMMITMENT TODAY, SHE WAS UNABLE TO EMAIL THE BOARD WITH REGARD TO LANGUAGE CHANGES BETWEEN FIRST AND SECOND READING. SO I BELIEVE IT'S SOMETHING THE BOARD PROBABLY SHOULD CONSIDER WITH REGARD TO HER RECOMMENDATIONS. SO THAT WE GET THIS RIGHT AND NOT HAVE TO DO IT AGAIN, IF THE BOARD AGREES, I'D LIKE TO GO AHEAD AND SUGGEST WE TABLE THIS UNTIL WE GET THOSE RECOMMENDATIONS FROM YOUR COUNSEL WHO IS ON THE PENSION BOARD. >> MAYOR: THANK YOU, COUNSEL. I HAVE NOT HAD AN OPPORTUNITY. I JUST HEARD ABOUT IT A FEW MINUTES AGO SO I HAVEN'T HAD OPPORTUNITY TO SPEAK WITH MS. JENSEN. I DO AGREE WITH YOUR RECOMMENDATION TO TABLE THIS ITEM FOR THOSE REASONS. >> MOTION TO TABLE. >> SECOND. >> MAYOR: ALL RIGHT. WE HAVE A MOTION FROM COMMISSIONER HAY, SECOND FROM COMMISSIONER CRUZ TO TABLE THIS ITEM TO NEXT MEETING. COUNSEL, I BELIEVE THAT'S SUFFICIENT, NEXT MEETING? >> YES, NOVEMBER 4th. >> MAYOR: ALL THOSE IN FAVOR TO TABLE 8B, SAY AYE. [AYES] ANYONE OPPOSED? MOTION PASSES UNANIMOUSLY TO THE NEXT MEETING. WE'RE MOVING ON TO ITEM 8C, CITY CLERK. >> PROPOSED ORDINANCE NUMBER 24-021, SECOND 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, SENSE 1. D APPLICABILITY AND SECTION 5. E BUILDING AND STRUCTURES PROVIDING FOR CODIFICATION, SEVERABILITY, DIVISION AND PROVIDING FOR EFFECTIVE DATE. >> MAYOR: ALL RIGHT, THANK YOU. JOHN, YOU WANT TO GIVE US A BRIEF OVERVIEW? >> GOOD EVENING, MAYOR. >> MAYOR: GOOD EVENING. >> VICE MAYOR, COMMISSION AND CITY MANAGER. THE STATE CONTACTED US A COUPLE OF WEEKS AGO ABOUT FURTHER CORRECTIONS THAT NEED TO BE DONE. WHEN WE WERE AUDITED IN 2017, THE STATE REVIEWED OUR FLOOD ORDINANCE FOR COMPLIANCE. AND WE WERE CONTACTED A COUPLE OF WEEKS AGO THAT THE MAINTENANCE OVERSIGHTS IN REVIEWING OUR FLOOD ORDINANCE. AND THEY ASKED ON THE SECOND READING THAT WE MAKE A COUPLE OF CHANGES TO REFERENCE AN ITEM, ACTUALLY THREE ITEMS. AND THE OTHER CORRECTIONS NEED TO BE DONE ON A LATER DATE. THEY ARE AFFECTING DIFFERENT FACTORS AND DEFINITIONS. I AM CURRENTLY WORKING ON GOING BY THE RECOMMENDATIONS FROM THE CORRECTION OF 2017. AND WE WILL BE SEEING EACH OTHER AGAIN PROBABLY NOVEMBER, DECEMBER TO COMPLETE THE FLOODPLAIN ORDINANCE FOR THE STATE OF FLORIDA. >> MAYOR: ALL RIGHT, THANK YOU. ANY QUESTIONS? VICE MAYOR. >> JOHN, THE CHANGES WE DISCUSSED AT THE LAST MEETING AND ARE IN THIS ARE CORRECT AND THESE ARE CHANGES THAT NEED TO BE MADE. >> YES. >> NOW TO COMPLY WITH THE FEMA CHANGES AS OF -- >> YES, THIS CHAPTER. >> PERFECT. >> WOULD BE FULLY CORRECTED. >> OKAY. >> DIFFERENT CHAPTERS THAT AFFECT THE FLOODWAY WHICH WE DON'T HAVE AND THAT AFFECTS THE DEFINITIONS AND SOME OTHER AREAS IN DIFFERENT CHAPTERS. >> OKAY, PERFECT. >> THERE ARE NO CHANGES FROM THE FIRST READING? >> NEGATIVE. >> NO, I'M SORRY. THERE WAS A CHANGE. >> ACTUALLY, THERE IS, YES. >> SECTION 4 OF THE ORDINANCE. AND I HAVE THAT UP. I DON'T KNOW IF YOU DO. BUT THE STATE NOTICED THAT THERE WERE TWO INCORRECT REFERENCES. WE HAD A REFERENCE TO A SECTION 2C AND A SECTION 2B. AND THOSE SECTIONS ACTUALLY CHANGED TO 4B-2 AND 4B-3 AND LOWER DOWN 4B-1. WE HAD TO UPDATE THOSE SECTION CHANGES. THAT WAS IT. THAT'S THE ONLY CHANGE FROM FIRST TO SECOND. >> PERFECT. >> MOTION TO APPROVE. >> MAYOR: NOT QUITE JUST YET. >> YOU HAVE -- >> MAYOR: WE HAVE TO DO PUBLIC COMMENT. THIS IS SECOND READING. AGAIN, THIS IS AGENDA ITEM 8C, IF YOU WOULD LIKE TO SPEAK SPECIFICALLY ON THIS ITEM, NOW IS THE TIME TO APPROACH THE PODIUM. AGAIN, SPECIFICALLY ON ITEM 8C. AFTER THOSE IN-PERSON HAVE SPOKEN, WE'LL GO TO THOSE ONLINE. SAME RULES AS BEFORE. >> HI, SUSAN OYER, BOYNTON BEACH. NOT HAVING READ THROUGH ALL THIS, PLEASE ENLIGHTEN ME. ARE WE LOOKING TO DO SOMETHING POSITIVE LIKE HAVING MORE GRAVEL AND MORE GRIT AND GRAVEL SYSTEMS AND MORE PERMEABLE PAVEMENT? IS THAT INCLUDED IN THIS? OR NOT? >> NO. >> SO WHAT KIND OF STUFF IS INCLUDED IN THIS FOR EVERY PERSON IN THE ROOM? >> MAYOR: JOHN, I WOULD ASK YOU TO REFRAIN AND MAYBE RESPOND AFTER EVERYONE HAS SPOKEN AS A MATTER OF PRACTICE. >> THANK YOU, NO, SORRY ABOUT THAT. I THINK FOR EVERYONE IN THE ROOM, IT WOULD BE NICE IF WE HAVE A COUPLE OF LITTLE DETAILS. AND I'M GOING TO THROW OUT ONCE AGAIN I THINK WE ALWAYS NEED TO BE ENCOURAGING PERMEABLE PAVEMENT WHICH HELPS SOLVE OUR PROBLEM AND GRIT AND GRAVEL SYSTEMS AND HAVING MORE GRAVEL AS AN OPTION IN PEOPLE'S YARD BECAUSE MY YARD STOPPED FLOODING THE MOMENT I SWITCHED OVER TO GRIT AND GRAVEL. MY NEIGHBORS YARDS ALL FLOOD BECAUSE GRASS RETAINS, GRAVEL DOES NOT. THANK YOU. >> MAYOR: THANK YOU. ALL RIGHT. NEXT PERSON. AGAIN, WE ARE ON 8C ON THE AGENDA. ALL RIGHT. BEGIN WHEN YOU ARE READY. >> I GUESS THIS IS ABOUT STILL THE FLOODING. >> MAYOR: STATE YOUR NAME FOR THE RECORD. >> MELISSA HAGINS. MY AREA, IT FLOODS AT MY HOUSE ALSO. THEY DUG SWALES SOME YEARS AGO. I ASKED THEM WHY DIDN'T THINK PUT IN APPROPRIATE DRAINAGE SYSTEM. NOW WITH THIS HURRICANE THAT JUST LEFT, I LITERALLY -- BECAUSE MY NEIGHBORS DIDN'T CUT THEIR YARD, THEIR SWALES. AND THEY WAS LIKE KNEE HIGH. I MOWED FROM MY LAST NEIGHBOR TO LIKE THE LAST HOUSE ON THE OPPOSITE SIDE TO MAYBE TWO HOUSES DOWN, JUST SO THE WATER WOULD RUN OFF IN THERE BECAUSE IT HAVE BUILT BACK UP. SO I WOULD LIKE TO KNOW, YOU KNOW, WHAT DO THEY PLAN ON DOING IN MY AREA BECAUSE THEY ARE WIDENING GATEWAY BRIDGE. IS THAT GOING TO BRING MORE WATER INTO MY HOUSE? BECAUSE LITERALLY I HAD TO PUT TOWELS ONE YEAR, YOU KNOW, TRYING TO KEEP THE WATER FROM COMING IN. SO I HOPEFULLY -- THEY REALLY LOOK AT THE AREAS THAT'S UNDER GATEWAY BRIDGE BECAUSE, YOU KNOW, THAT'S WHERE THEY ARE DOING THE WORK AT. SO I'M HOPING THAT YOU LOOK AT GATEWAY BRIDGE WHERE THEY ARE PLANNING TO EXPAND OR WHAT ARE THEY PLANNING TO DO ABOUT THE DRAINAGE IN THAT AREA. SO IT WON'T -- SO YOU WON'T FLOOD IN THAT AREA. >> MAYOR: ALL RIGHT, THANK YOU. ANYONE ELSE IN THE ROOM? SEEING NO ONE ELSE, AND I SEE NO ONE ONLINE, PUBLIC COMMENTS ON THIS ITEM IS NOW CLOSED. ARE THERE ANY FOLLOW-UP QUESTIONS OR COMMENTS FROM MY COLLEAGUES FOR MR. COUNTSMAN WHILE HE'S HERE? I DON'T KNOW, DID YOU HAVE ANYTHING ON YOUR END AS WELL? >> UNFORTUNATELY, OUR FLOOD ORDINANCE DOES NOT ADDRESS NON-SPECIAL FLOOD HAZARD AREAS. OUR FLOOD ORDINANCE IS FOR OUR CRS RATING. WE ARE A 5 AND LOOKING TO BE A 4. AND OUR FLOOD ORDINANCE, LIKE I SAID, IS FOR SPECIAL FLOOD HAZARD AREAS, NOT NON-SPECIAL FLOOD HAZARD AREAS. ALTHOUGH WITH OUR HIGH SCORES IN THE CRS, IT ALSO GIVES DISCOUNTS FOR FLOOD INSURANCE IN NON-SPECIAL FLOOD HAZARD AREAS OF 10%. >> MAYOR: ALL RIGHT, THANK YOU SO MUCH. IF THERE'S NOTHING ELSE FROM MY COLLEAGUES, COMMISSIONER HAY, DID YOU WANT TO MAKE THAT MOTION AGAIN? >> SORRY, JUST ONE. JOHN, SO THIS ORDINANCE, THOUGH, STRICTLY IS TO UPDATE AN ORDINANCE THAT HAS ALREADY BEEN IN PLACE AND THIS STRICTLY IS REGARDING FEMA CORRECTIONINGS THAT THEY ARE MAKING TO OUR ORDINANCE BECAUSE IT IS OUTDATED. >> THE STATE IS PROVIDING US INFORMATION TO CORRECT OUR FLOOD ORDINANCE SO IT'S IN COMPLIANCE WITH THE STATE OF FLORIDA. AND IN COMPLIANCE WITH THE STATE OF FLORIDA, IT'S IN COMPLIANCE WITH FEMA AND THAT GIVES US THE ABILITY TO STAY IN THE CRS PROGRAM. >> RIGHT. BUT WHAT WE'RE DOING RIGHT NOW IS MAKING MINOR CHANGES SO THAT IT REFLECTS CORRECTLY STATE LAW AND THE FEMA FLOOD PROVISIONS, CORRECT? THANK YOU. >> MAYOR: LAST CALL, ANYTHING ELSE? >> NO. >> MAYOR: MAY I HAVE A MOTION TO APPROVE? >> MOTION TO APPROVE. >> SECOND. >> MAYOR: WE HAVE A MOTION FROM COMMISSIONER HAY, SECOND FROM VICE MAYOR. CITY CLERK, PLEASE BEGIN THE ROLL CALL. >> COMMISSIONER HAY. >> AYE. >> COMMISSIONER TURKIN. >> YES. >> COMMISSIONER CRUZ. >> YES. >> VICE MAYOR KELLEY. >> YES. >> MAYOR PENSERGA. >> MAYOR: YES. >> IN A ROLL CALL VOTE THE MOTION PASSED UNANIMOUSLY. >> MAYOR: THANK YOU SO MUCH. WE'RE MOVING ON TO 10A, PROPOSED ORDINANCE NUMBER 24-022, GO AHEAD, CITY CLERK. >> PROPOSED ORDINANCE NUMBER 24-022, FIRST READING, AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING THE BOYNTON BEACH ADMINISTRATIVE AMENDMENTS TO THE 8th EDITION 2023 OF THE FLORIDA BUILDING CODE. >> MAYOR: OKAY. MR. KUNSMAN, YOU'RE BACK. >> EVERYBODY GETS THE EMERGENCY  -- CITYMANAGER REPORT. OKAY. WE ARE GOING TO MAKE SOME MINOR CHANGES WITH THIS. IT WAS BROUGHT TO MY ATTENTION THAT THERE WAS IN THIS RECERTIFICATION -- BRIEFLY A GO OVER THE RECERTIFICATION PROGRAM. THE PURPOSE OF THAT WAS TO MAINTAIN THE STRUCTURAL INTEGRITY OF THE BUILDINGS THROUGH SERVICE LIFE AND TO ENSURE THAT BUILDINGS STRUCTURAL AND ELECTRICAL SERVICE SYSTEMS DO NOT POSE A THREAT TO THE PUBLIC HEALTH, SAFETY OR WELFARE. THE BUILDINGS AFFECTED BY THIS ARE THREE STORIES AND HIGHER CONDOMINIUMS AND COOPERATIVES. THE CITY OF BOYNTON BEACH IS A LITTLE MORE RESTRICTIVE THAN THE STATE AND WE HAVE ADDED THRESHOLD BUILDINGS. AND WE HAVE ALSO ADDED THE RECERTIFICATION OF THE ELECTRICAL SYSTEMS FOR THESE BUILDINGS. OKAY. MIAMI-DADE, BROWARD, BOCA ARE THE ONLY CITIES THAT I KNOW THAT INCLUDE THRESHOLD BUILDINGS AND THE ELECTRICAL RECERTIFICATION OF THESE BUILDINGS. SO MIAMI HAS BEEN DOING IT FOR THE LONGEST AND I HAVE USED MIAMI AS A BLUEPRINT TO CREATE OUR PROGRAM. SO THE OVERVIEW OF THE PROGRAM -- ALL RIGHT. THE OVERVIEW OF THE PROGRAM, THE MILESTONE INSPECTIONS MUST BE PERFORMED BY A CERTIFIED ARCHITECT. WE ARE A LITTLE MORE RESTRICTIVE IN THAT ASPECT AS WELL BECAUSE THE STATE WAS ACTUALLY ONE MILE FOR THE 25 YEARS AND THEN 30 YEARS FOR ONE MILE WEST OF THAT. THE CITY OF BOYNTON BEACH IS NOT THAT WIDE. MILE AND A HALF, SO INSTEAD OF TRYING TO FIND OUT ONE ROAD OR LANDMARK TO SEPARATE THAT, WE JUST MADE THE ENTIRE CITY 25 YEARS. THE BUILDING OWNERS ALREADY NOTIFIED ONE YEAR BEFORE THE DEADLINE BY CERTIFIED MAIL. WE ALSO HAND DELIVER A NOTICE FOR ALL THE BUILDING OWNERS, PHASE 1 INSPECTION, THE ARCHITECT OR ENGINEER WILL PERFORM A VISUAL INSPECTION AND PROVIDE A QUANTITATIVE ASSESSMENT OF THE ELECTRICAL OF THE BUILDING. IF THE PHASE 1 IS GOOD, THEN IT WILL PROVIDE US A PHASE 1 LETTER. AND WE WILL ISSUE A RECERTIFICATION CERTIFICATE FOR THAT BUILDING. IF A PHASE 2 IS REQUIRED, THEN THE INSPECTOR MAY INVOLVE -- THE INSPECTION MAY INVOLVE SOME DESTRUCTIVE OR NON-DESTRUCTIVE TESTING AT THE INSPECTOR'S DISCRETION AND A REPORT SHOULD BE RESUBMITTED TO US WITHIN 180 DAYS OF THE PHASE 1 REPORT. AND THEN SHORTLY AFTER THAT, A REPAIR AND FINISHING DATE IS REQUIRED. ALL RIGHT. AND LIKE I SAID, AFTER THE PHASE 1 IS DONE, THEN THE CERTIFICATE WILL BE ISSUED. OKAY. THE REASONS FOR THIS UPDATE. WE ARE STRIKING THIS SPECIALIZING IN STRUCTURAL DESIGN AND SPECIALIZING IN ELECTRICAL DESIGN. IT WAS BROUGHT TO MY ATTENTION THAT THE SPECIALIZING IN ELECTRICAL AND STRUCTURAL DESIGN IS A SPECIAL CERTIFICATION AND THOSE ENGINEERS, ELECTRICAL AND STRUCTURAL ENGINEERS ARE HARDER TO FIND AND THEY ARE A LOT MORE EXPENSIVE. SO I THOUGHT IT WOULD BE PRUDENT TO STRIKE THAT SO AN ARCHITECT OR A STRUCTURAL ENGINEER WOULD BE ABLE TO PROVIDE US THOSE INSPECTIONS. THIS WILL HELP NOT ONLY THE TIMELINE BUT CHEAPER FOR THE RESIDENTS ACROSS THE BOARD. AND SOME STATISTICS, THE CITY OF BOYNTON BEACH HAS NOTIFIED 109 PROPERTY OWNERS. WE HAVE HAD 75 INSPECTION REPORTS SUBMITTED. 53 ARE PHASE 1. AND 22 ARE PHASE 2. WHICH MEANS THAT THERE IS SOME CONCRETE RESTORATION THAT'S REQUIRED OR SOME ELECTRICAL WORK THAT NEEDS TO BE FINISHED. AND WE HAVE ALSO ISSUED 29 RECERTIFICATION CERTIFICATES. >> MAYOR: ALL RIGHT. THANK YOU. ANY QUESTIONS FOR MR. KUNTZMAN? >> IS THERE A TIMELINE ON COMPLIANCE WITH THE 8th EDITION? ARE THERE ANY TRANSITIONAL PROVISIONS FOR ONGOING PROJECTS? >> YOU MEAN WHEN THEY ARE PERMITTING THE CONCRETE RESTORATION OR THE TIMELINE FOR SUBMITTING THE REPORTS? >> COMPLIANCE. >> FOR THE REPORTS, OKAY. SO THEY ARE GIVEN -- WHEN WE ISSUE THE NOTIFICATION FOR RECERTIFICATION, THEY HAVE 180 DAYS TO PROVIDE US THAT PHASE 1 OR PHASE 2 REPORT. IF A PHASE 2 IS REQUIRED, THEY ARE GIVEN ANOTHER 180 DAYS TO PROVIDE THE PHASE 2 REPORT AFTER THE PHASE 1 HAS BEEN PROVIDED TO US, OKAY. AND THEN AT THAT TIME, THEY ARE GOING TO PROVIDE US A REPAIR SCHEDULE. THEN THERE ARE OPTIONS OF GETTING EXTENSIONS. WE CAN PROVIDE EXTENSIONS IF REQUIRED. BUT WE'RE NOT GOING TO PROVIDE -- THE EXTENSIONS -- THERE IS A FEE FOR THOSE TO DETER THE UNLIMITED NUMBER OF EXTENSIONS THAT SOMEBODY WANTS. IF SOMEBODY DOES NOT PROVIDE US THOSE REPORTS, THEN WE WILL GIVE THEM A WARNING. AND THEN WE WILL TAKE THEM TO THE SPECIAL MAGISTRATE TO PROVIDE THE REPORTS. >> ARE THERE ANY A.D.A. REQUIREMENTS IN THIS PARTICULAR EDITION THAT HAS BEEN MODIFIED OR ASKED FOR? >> THE ONLY THING THAT IS REQUIRED IS THE RECERTIFICATION OF THE BUILDING, THE STRUCTURE OR THE ELECTRICAL, THE ELECTRICAL SYSTEM. THE ACCESSIBILITY TO THE BUILDING IS NOT INCLUDED. THEY SHOULD ALREADY BE IN PLACE. IF IT'S NOT IN PLACE, IT'S REALLY GRANDFATHERED IN TO WHEN THE BUILDING WAS CONSTRUCTED. OKAY. I DON'T REALLY WANT TO GET INTO THE A.D.A., BUT SOMEBODY CAN REQUEST REASONABLE ACCOMMODATIONS TO THE HOA OR THE PROPERTY OWNER. AND THEY'D BE OBLIGATED TO ADDRESS THOSE. >> THANK YOU, JOHN. >> GOOD EVENING, COMMISSIONER HAY, MAYOR, IF I MAY. ALTHOUGH OUR LOCAL BUILDING CODE IS A RATHER LARGE DOCUMENT, PROBABLY SOME 50RBG 60 PAGES, THE ACTUAL ONLY CHANGES THAT THE BUILDING DEPARTMENT IS PROPOSING IS TO STRIKE ELECTRICAL ENGINEER OR STRUCTURAL ENGINEER AND ALLOW ARCHITECTS OR ANY PROFESSIONALLY LICENSED ENGINEER TO BE ABLE TO PROVIDE THESE REPORTS TO MAKE IT A LITTLE EASIER FOR THE RESIDENTS AND LESS COSTLY. >> NEXT ITEM. >> MAYOR: VICE MAYOR. >> THANK YOU, MAYOR. THANK YOU, JOHN. I'M KIND OF GLAD THAT THIS AMENDMENT CAME UP BECAUSE I'VE BEEN -- SINCE WE PASSED THIS, BEEN KIND OF ANXIOUS TO GET AN UPDATE BECAUSE I KNOW THAT IN PARTICULAR SURPRISINGLY SOME OF THE BUILDINGS ON THE WEST SIDE OF THE CITY THAT YOU WOULDN'T THINK HAD ISSUES, TURNED OUT TO BE SOME OF OUR BIGGER ISSUES. AND SO I'M GLAD TO SEE THIS -- TO KIND OF SEE THIS UPDATE AS FAR AS WHERE THE PROPERTIES ARE IN COMPLYING AS FAR AS OUR REPORTS. I DID NOTICE THERE WAS A NUMBER DIFFERENCE. ARE THERE -- YOU SEND OUT 109 REPORTS BUT WE HAVE ONLY RECEIVED RESPONSES BACK FROM 79. WHAT ARE WE DOING ABOUT THAT -- THOSE THAT HAVEN'T RESPONDED? >> THE ONES THAT HAVEN'T RESPONDED, OUR STAFF, WE CONTACT THE PROPERTY OWNERS. AFTER FOUR MONTHS TO REMIND THEM THAT THIS NEEDS TO BE DONE. AND WE HAVE ALSO HAD A COUPLE OF THEM REQUEST EXTENSIONS. AND SOME OF THE PROBLEMS IS FINANCIAL BECAUSE FOR SO LONG THEY JUST HAVEN'T BEEN KEEPING UP WITH THEIR BUILDINGS. AND I'M GLAD YOU BROUGHT UP THE BUILDINGS TO THE WEST BECAUSE THE VILLAGE ON THE GREEN, ROYAL VILLAGE ON THE GREEN, THOSE ARE NEAR 95 AND THEY ARE NOT REALLY CLOSE TO THE INTRACOASTAL. AND A LOT OF THOSE BUILDINGS ARE GETTING PHASE 2. SO THERE ARE STRUCTURAL REPAIRS AND ELECTRICAL REPAIRS THAT ARE REQUIRED ON THOSE BUILDINGS. >> WELL, WE ALSO SAW IT ON CONGRESS AVENUE WHICH IS SURPRISING AS WELL. SO I JUST WANTED TO POINT THAT OUT, THAT WE ARE BEING PROACTIVE AND A LITTLE BIT MORE ADVANCED THAN WHAT THE STATE REQUIRES. AND I THINK THAT IT HAS HELPED OUR RESIDENTS. IT HAS ALSO HELPED THE PROPERTY OWNERS TO JUST KEEP -- YOU KNOW, KIND OF GIVE THEM A HEADS UP AS TO WHAT'S COMING UP. THERE ARE SOME ISSUES IN THE CITY AS FAR AS BUILDING COMPLIANCE. SO I'M GLAD THAT WE'RE BEING PROACTIVE ABOUT THIS, SO I'M KIND OF GLAD THAT WE GOT A LITTLE UPDATE WITH THIS SMALL AMENDMENT BECAUSE IT'S SOMETHING THAT I KNOW ADAM AND I HAVE TALKED MANY TIMES ABOUT, ESPECIALLY IN MY DISTRICT WITH SOME CONCERNS WITH SOME BUILDINGS THAT YOU WOULDN'T HAVE THOUGHT WERE A CONCERN. SO THANK YOU. >> I CAN PROVIDE THE COMMISSION WITH UPDATES EVERY SIX MONTHS IF YOU WISH. WE CAN PROVIDE THAT TO ADAM TEMPLE AND HE CAN PROVIDE THAT TO THE COMMISSION. >> PERFECT, THANK YOU. >> MAYOR: THANK YOU. >> THANK YOU, MAYOR. >> MAYOR: ABSOLUTELY. ANYTHING ELSE FOR MR. KUNTZMAN WHILE HE'S HERE? WITH THAT, THIS IS ONLY FIRST READING SO THERE'S NO PUBLIC COMMENT JUST YET. BUT I'LL ENTERTAIN SPAIN TO APPROVE. >> MOTION TO APPROVE. >> MAYOR: VICE MAYOR, SECOND FROM COMMISSIONER HAY. MAYLEE, IF YOU COULD PLEASE BEGIN THE ROLL CALL. >> COMMISSIONER HAY. >> YES. >> COMMISSIONER TURKIN. >> YES. >> COMMISSIONER CRUZ. >> YES. >> VICE MAYOR KELLEY. >> YES. >> MAYOR PENSERGA. >> MAYOR: YES. >> IN A ROLL CALL VOTE, THE MOTION PASSES UNANIMOUS. >> MAYOR: THANK YOU SO MUCH. WE ARE MOVING ON TO THE LAST ITEM ON THE AGENDA WHICH IS 10B, PROPOSED RESOLUTION NUMBER R24-263, AWARD AND APPROVE A PIGGYBACK AGREEMENT WITH AMERICAN TRAFFIC SOLUTIONS, INC. DOING BUSINESS AS VERRA MOBILITY UTILIZING THE CITY OF TAMPA CONTRACT RFP 61112293 FOR SERVICES RELATED TO SPEED DETECTION CAMERA SYSTEMS FOR SCHOOL ZONES SUBJECT TO THE FIRST APPROVAL OF THE PIGGYBACK AGREEMENT FROM THE CITY ATTORNEY'S OFFICE. CHIEF, PLEASE INTRODUCE THE ITEM. >> GOOD EVENING, CHIEF DeGIULIO. THANK YOU, COMMISSIONERS, MAYOR, VICE MAYOR. WE DID A QUICK ANALYSIS ON THE VENDORS THAT PARTICIPATED IN THE RFP. WE WANTED TO MAKE SURE THAT THE VENDORS THAT WE WERE CONSIDERING HAD VIABLE CONTRACTS IN THE STATE OF FLORIDA THAT WERE COMPETITIVELY BID SO WE CAN GO INTO A PIGGYBACK AGREEMENT WITH THEM. THIS NEXT SLIDE IS A COMPARISON BETWEEN, LIKE I MENTIONED, THE FIVE VENDORS THAT PARTICIPATED IN THE RFP. AND WE DID LOCATE FOUR FIVE OF THE VENDORS, WE DID LOCATE A CONTRACT WITHIN THE STATE OF FLORIDA THAT PROCUREMENT AS WELL AS LEGAL STATED THAT THE CONTRACTS WERE VIABLE AND LEGALLY SUFFICIENT TO PIGGYBACK OFF OF. MY EYESIGHT IS GOING SO I HAVE TO LOOK AT THAT SCREEN. [LAUGHTER] PERFECT. JUST A QUICK RUN-DOWN, AS YOU SEE, THERE'S TWO VERRA MOBILITIES, ONE VERRA MOBILITY IS THE CITY OF TAMPA CONTRACT THAT CAN BE PIGGYBACKED OFF OF. WE ALSO HAVE NEXT TO THAT IS JUST A -- THERE'S AN AMENDED PROPOSAL FROM THE VENDOR AS IT RELATES TO THE FEES. SO AS YOU CAN SEE, IN THE FEE TO THE VENDOR IN THE TAMPA CONTRACT, IT'S $19.20, ROUGHLY 32%. IN THE AMENDED PROPOSAL FROM THE VENDOR, IT'S AFTER THE TWO VIOLATIONS PER CAMERA, IT'S $6 A CITATION. I ALSO DID SOME PROJECTIONS ON POSSIBLE REVENUES TO THE VENDOR AS WELL AS THE CITY, BUT PLEASE -- IT'S A BALLPARK NUMBER JUST TO KIND OF GIVE YOU AN IDEA. IT'S JUST A PROJECTION BASED OFF OF SOME OF THE NUMBERS WE GOT EARLIER ON IN THE SPEED SURVEY. WE ALSO HAVE BLUE LINE SOLUTIONS. AS YOU SEE, IT'S THE RFP OVER THE CITY OF WAKULLA. THEY ARE AT $24 A CITATION TO THE VENDOR. WE HAVE ULTIMATE. INITIALLY ULTIMATE WASN'T IN THE INITIAL EVALUATION. BUT THANKS TO BAKER COUNTY, THEY WERE ABLE TO PROVIDE US THEIR RFP THAT THEY WERE ABLE TO GET A COMPETITIVELY BIDDED CONTRACT FOR US AND ALSO APPRECIATE THEM PROVIDING ALL THIS INFORMATION TO US LAST-MINUTE. THIS IS A LITTLE BIT DIFFERENT. IT'S MORE OF A HYBRID TYPE OF PLAN. IT'S $34.99 PER CAMERA PER MONTH. WE HAVE TWO CAMERAS PER LOCATION. WE HAVE 18 CAMERAS ALL TOGETHER. AND THE LAST ONE IS RED SPEED. WE UTILIZED THE CITY OF PLANTATION TO DO THE ANALYSIS. AS YOU SEE, IT'S $21 FOR THE VENDOR. SOME OF THE THINGS THAT CAME UP IN THE LAST MEETING, I WANTED TO ADDRESS IT ON THE NEXT SLIDE, SOME OF THE COMMENTS AND QUESTIONS AND CONCERNS. I KNOW VICE MAYOR KELLEY, YOU ASKED ABOUT THE VENDORS WHO ALSO HAD A RED LIGHT CAMERA PROGRAM. ALL THE VENDORS HAVE RED LIGHT CAMERA PROGRAMS. WE ALSO -- AS FAR AS DATA OWNERSHIP, I KNOW THAT WAS A CONCERN ABOUT THE METADATA. SO WE WENT INTO THAT AS WELL. AS YOU SEE IN THE LAST SLIDE, ON THE LAST COLUMN, WE TALK ABOUT THE ACTUAL DATA AND WHO OWNS IT. MOST OF THE VENDORS OWN THE DATA WITH THE EXCEPTION OF ULTIMATE AND I MIGHT BE -- I'M NOT SURE ABOUT THE BLUE LINE. BUT FOR THE MOST PART, IT GOES BACK AND FORTH. BUT MOST PART, IT'S THE DETAILS OF THE CONTRACTS, ALL VERY SIMILAR. I MEAN EACH VENDOR HAS ITS DIFFERENT NUANCES HERE OR THERE. BUT AT THE END OF THE DAY, THEY ARE PROVIDING BASICALLY THE SAME SERVICE. IT'S PROVIDING, YOU KNOW, SPEED ZONE SCHOOL ENFORCEMENT. AND THAT'S KIND OF WHAT THEY ARE USING. THE TECHNOLOGY RANGES FROM LIDAR, TIME AND DISTANCE AND SOME USE RADAR WHICH IS SOUND WAVES. NEXT SLIDE ACTUALLY I CONTROL THE SLIDE. THIS IS OUR ANALYSIS BETWEEN SOME OF THE THINGS THAT CAME UP. WE TALKED ABOUT WHETHER WE HAVE INTEGRATION BECAUSE INTEGRATION IS BIG, CONVERGENCE IS BIG. ANY TIME WE CAN REDUCE KEYSTROKES FOR OUR EMPLOYEES, IT'S ALWAYS A POSITIVE. NOT LOGGING ON TO MULTIPLE DIFFERENT SYSTEMS. ALL THE VENDORS DO HAVE INTEGRATION WITH THE CURRENT LRPs WE USE WHICH IS FLOCK. WHETHER THEY ARE UTILIZING FLOCK PRODUCTS LIKE ULTIMATE OR COMPATIBLE PRODUCTS, THEY ARE ALL INTEGRATING THE LRPs. THEY ALL HAVE ON DEMAND LIVE VIEW CAMERAS THAT WE CAN SEE INSIDE OUR REALTIME CRIME CENTER. AS FAR AS THE BACK END SOFTWARE, THE BACK END SYSTEM, WE CURRENTLY USE VERRA MOBILITY FOR OUR RED LIGHT CAMERA. SO THEREFORE, WE ALREADY HAVE THE BACK OFFICE SYSTEM IN PLACE ALREADY. THE OTHER COMPANIES, WE DO NOT HAVE IT. LIKE I MENTIONED AT THE WORKSHOP, IT'S A PLUS, OF COURSE, TO HAVE THE SYSTEM ALREADY IN PLACE. BUT, OF COURSE, IT'S NOT A DEAL BREAKER. WE LEARNED MULTIPLE SYSTEMS DIFFERENT TIMES. BUT HAVING THAT CONVERGENCE AND THAT CONTINUITY ALREADY IN PLACE IS CERTAINLY A BENEFIT. ANOTHER QUESTION THAT CAME UP LAST TIME WAS CANCELING OUT OF CONVENIENCE. SOME OF THE CONTRACTS ADDRESSED IT. AS YOU SEE THROUGH YOUR SLIDE, VERRA MOBILITY, THERE IS WITHIN THE FIRST YEAR A CHARGE BUT AFTER THAT THERE ISN'T. BLUE LINE, IT'S NOT MENTIONED. ULTIMATE, THEY DON'T. AS WELL AS RED SPEED. I'M SORRY, RED SPEED THEY DO JUST IN THE FIRST YEAR. AS FAR AS UNIFORM TRAFFIC CITATIONS, WHEN CITATIONS OR NOTICES OF VIOLATIONS DO NOT GET ADDRESSED THROUGH THE NORMAL PAYING THE FINE, IT TURNS INTO A UTC, UNIFORM TRAFFIC CITATION. ALL THE COMPANIES FOR THE MOST PART ARE CHARGING ADDITIONALS FOR THE UTC WITH THE EXCEPTION OF ULTIMATE. AND LIKE I MENTIONED, THE LIVE ON VIEW DEMAND CAMERAS ALL OFFER THAT. LIKE I SAID, THEY ALL OFFER UPSET THE SAME PRODUCT IS WHAT IT'S COME DOWN TO WHAT'S THE BEST FOR THE CITY, WHAT'S IN OUR BEST INTEREST. LIKE I MENTIONED TO YOU IN THE WORKSHOP, MY RECOMMENDATION IS VERRA MOBILITY FOR THE SIMPLE FACT THAT WE HAVE HAD AN EXISTING RELATIONSHIP FOR 13 YEARS WITH THE RED LIGHT CAMERA. FROM A CONTINUITY OPERATIONS PERSPECTIVE, IT'S THERE. AS FAR AS THE RED LIGHT CAMERA, WE HAVE THE BACK OFFICE SOFTWARE IN PLACE SO THAT ONCE AGAIN BECOMES SEAMLESS AS WE MOVE TO THE SCHOOL ZONE CAMERA. ALSO WHEN IT COMES DOWN TO THE REVENUES THAT GO TOWARDS THE VENDOR, LESS OF THE REVENUE FEES ARE GOING TO THE VENDOR AND GOING BACK INTO OUR COMMUNITY. THAT'S MY RECOMMENDATION. IF I HAD TO MAKE A SECOND RECOMMENDATION, AS MY SECONDARY -- BECAUSE I KNOW I WANT TO GIVE YOU GUYS SOME OPTIONS. MY SECOND OPTION WOULD BE ULTIMATE. >> MAYOR: THANK YOU FOR THE PRESENTATION, CHIEF. I HAVE A COUPLE OF QUESTIONS. COULD YOU NARROW DOWN FOR US -- AND BECAUSE THIS IS A -- I'M SO GLAD YOU DID ALL THE WORK AND THE ANALYSIS. WHICH WOULD YOU SAY ARE YOUR TOP THREE BUSINESS TERMS THAT ARE REALLY IMPORTANT TO THE DEPARTMENT? >> THE TOP THREE? >> MAYOR: GIVE ME SOME NUMBER, HOWEVER YOU FEEL COMFORTABLE. WHAT I'M LOOKING FOR, IN YOUR ASSESSMENT OF THIS, THERE'S LOTS OF FINE DETAILS ON THESE TABLES. BUT WHAT CARRIED THE MOST WEIGHT FOR YOU? WHAT ARE THE MAJOR FACTORS? >> WELL, THE MAJOR FACTORS IS HAVING ESTABLISHED BUSINESS AND WORKING RELATIONSHIP. I THINK LOYALTY SOMETIMES GETS UNDERRATED, BUT I THINK IT'S REALLY IMPORTANT, ESPECIALLY WHEN YOU'RE ENTERING A CONTRACT FOR FIVE YEARS. WE WANT TO KNOW WHO WE'RE ENTERING A CONTRACT WITH. I THINK THAT'S IMPORTANT. AND ALSO HAVING THAT FAMILIARITY WITH THE ACTUAL VENDOR IS IMPORTANT AS WELL. AND THOSE ARE THE ELEMENTS THAT I TOOK INTO. WE HAVE HAD THE EXISTING RELATIONSHIP. WE KIND OF KNOW -- WE RODE THE UPS AND DOWNS OF THE REVENUE STORM WITH VERRA MOBILITY. AND LOYALTY SOMETIMES GETS UNDERPLAYED AND TO ME IT DOESN'T. THAT CARRIES THE MOST WEIGHT. >> MAYOR: IN YOUR ASSESSMENT THE FEES, COULD WE SCROLL BACK ONE SLIDE? THOSE NUMBERS ARE PER CITATION, DO I UNDERSTAND THAT CORRECTLY? >> YES, SIR. >> MAYOR: I DID SEE SOME MINOR FEES ABOUT TERMINATION AND ALL OF THAT. ARE THERE ANY OTHER FEES TO BE CONSIDERED AND DID YOU ALREADY CALCULATE THAT? >> THE UNIFORM TRAFFIC CITATION DOES BRING IN ADDITIONAL FEES BECAUSE I BELIEVE -- AND DON'T QUOTE ME HERE. I BELIEVE THERE'S AN ADDITIONAL LIKE $6.40 CHARGE FOR A UTC, UNIFORM TRAFFIC CITATION. I DID INCLUDE IT IN THE ANALYSIS BUT IT'S NOT INCLUDED IN THE NUMBERS. >> MAYOR: OKAY. THANK YOU. LET'S PASS IT ON TO MY COLLEAGUES SO THEY HAVE AN OPPORTUNITY AS WELL. I DON'T KNOW WHO WANTS TO GO FIRST, BUT IF YOU HAVE ANY QUESTIONS FOR THE CHIEF, NOW WOULD BE THE TIME. >> THANK YOU, CHIEF, FOR YOUR PRESENTATION. I WAS LOOKING AT THE TERMS. I HAVE A QUESTION FOR THE VERRA CONTRACT WHERE IT IS $6. HOW MUCH ARE THE FIRST TWO VIOLATIONS? >> THEY GET THE FIRST TWO AT $60 APIECE. IN OUR SITUATION, IT WOULD BE 18 CAMERAS. SO IT'S EACH DAY. >> WITH REGARD TO -- SO IT'S ALWAYS $6 FROM THE FIRST VIOLATION. >> NO, THE FIRST TWO VIOLATIONS, VERRA MOBILITY, THE VENDOR WILL GET THE FULL $60. >> OKAY. AND THEN YOU MADE A GOOD POINT ABOUT THE DATA. THANK YOU FOR BRINGING THAT UP. AS IT WAS MENTIONED AT THE LAST MEETING, LOOKING AT THE -- I'M LOOKING AT THE GREEN ONES BUT BLUE LINE SAYS THAT THE VENDOR OWNS ALL THE INFORMATION. RED SPEED STATES THAT THE CITY OWNS ALL DOCUMENTS AND DATA AND THEN VERRA, THE VENDOR OWNS ALL THE DATA. IS IT POSSIBLE TO ALLOW THE CITY TO OWN THE DATA FOR VERRA PER SE? >> I DON'T WANT TO SPEAK FOR THE VENDOR, OF COURSE. BUT THEY HAVE A FEW OTHER CONTRACTS OUT THERE LIKE DORAL. IN THE DORAL CONTRACT, THE CITY OF DORAL OU OWNS THE ZAUT. THE LITTLE NOTE ON THE BOTTOM IS ONCE WE TERMINATE THE CONTRACT WITH THE VENDOR, WE DO GET THAT DATA BACK. ^. >> IF THERE ARE ANY LIKE -- BECAUSE I WAS READING HERE ABOUT FOIA REQUESTS OR PUBLIC RECORDS REQUESTS, WOULD THEY PROVIDE THAT TO US? AND THEN WE HAVE TO PAY A FEE FOR THAT? LIKE FOR EVERY SINGLE REQUEST? >> GENERALLY WHEN IT COMES TO A PUBLIC RECORDS REQUEST, I'M GOING TO USE THE RED LIGHT CAMERA AS AN EXAMPLE. IF IT IS RELATED TO THE EVENTS, YOU KNOW, WE ARE SUPPLYING THAT. IF IT'S RELATED TO THE SYSTEM ITSELF, THE VENDOR SUPPLIES IT. AND I BELIEVE IN MOST OF THE CONTRACTS, THEY ADDRESS IT ONE WAY OR THE OTHER. THAT IS ON THE OTHER SLIDE. I'M SORRY, I PASSED OVER IT. BUT FOR THE MOST PART, MOST VENDOR WILL HAVE THE SAME TYPE OF STRUCTURE. IF IT'S RELATED TO THE SYSTEM, THEY WILL HANDLE THE PUBLIC RECORDS REQUEST. IF IT'S RELATED TO CONVENIENCE, THEN IT'S ON US TO PROVIDE IT. >> SO WE WOULD STILL HAVE THE DATA PER SE. WE JUST WOULDN'T MAINTAIN IT. >> CORRECT. >> THANK YOU. SO COMPARING EQUIPMENT, IT LOOKS LIKE ALL THREE VENDORS THAT ARE IN GREEN, BLUE LINE, RED SPEED AS WELL AS VERRA, THEY OWN THE EQUIPMENT. FOR RED SPEED, IT LOOKS LIKE THEY WOULD REMOVE ALL EQUIPMENT AS LONG AS IT'S IN ORIGINAL AND THEN FOR VERA IT LOOKS LIKE  THE OWNER OWNS THE EQUIPMENT. THE VENDOR CAN CHARGE ACTUAL  COST OF REMOVAL PLUS AN  ADDITIONAL 20 PERCENT OF THE FEE AND RETURN THE PROPERTY. I SEE THAT'S THE ONLY VENDOR  THAT'S CHARGING US A 20% FEE TO  REMOVE THE EQUIPMENT. IS THAT SOMETHING WE COULD  NEGOTIATE AND SAY WE DON'T WANT  US TO CHARGE THE 10% FEE  >> LET ME DEFER TO ANDREW FROM  PROCUREMENT. WHEN IT COMES TO THE NEGOTIATION OF THE TERM. >> ANDY YOUR PURCHASING DIVISION DIRECTOR. BASICALLY WE ARE SET WITH THE  TERMS THAT ARE IN THE ORIGINAL  R RFP. YOU KNOW, IN REGARDS TO US  NEGOTIATING US PAST THAT WE'RE  KIND OF SET WITH THOSE TERMS. AND OKAY. THANK YOU. AND THEN FOR DISPUTE RESOLUTION, THE TWO VENDORS THAT ARE BLUE  LINE AS WELL AS RED SPEED THEY  DON'T HAVE REQUIREMENTS THEN FOR VERA THERE'S AN AGREEMENT IT  REQUIRES FOR URIS TO AGREE TO  MEDIATION TO SHARE FEES AND  EXPENSES FOR A MEDIATOR IN CASE  OF ANY DISPUTES. SO I'M JUST SAYING I THINK IT'S  GOOD IT HAS THAT FEE. BUT I'M SEEING A LOT OF  ADDITIONAL FEES AS WELL AS THE  ABILITY OF THEM HAVING THE DATA  US HAVING THE DATA. I WOULD LOVE THE OPPORTUNITY TO  SEE IF WE COULD HAVE OWNERSHIP  OF THE DATA. AND BE THEN THE LAST QUESTION  HOW MANY CITIES ARE CURRENTLY DO WE KNOW ARE CURRENTLY UP AND  RUNNING WITH THE SPEED ZONES  CAMERAS AT ALL. >> I DON'T KNOW SPECIFICALLY. I CAN TELL YOU THAT THE THREE  FROM VERO WHICH IS TAMPA, DRALLE AND DAVY ARE NOT LIVE YET. I DOONEY THAT EUSTIS THROUGH  ULTIMATE IS LIVE. AND THERE MAY FROM MY RESEARCH  THOSE ARE -- THAT WAS THE ONLY  ONE THAT IS LIVE. THERE ARE A LOT OF THE CITIES  AND MUNICIPALITIES AND COUNTIES  THAT ARE GOING LIVE WITH THESE  PROGRAMS. >> THANK YOU. >> Mary: ANY OTHER QUESTION. >> JUST TO COMMISSIONER CRUZ. I DO HAVE -- YOU MAY HAVE  ALREADY TOUCHED BASE ON THIS. IF ONE OF THE CRAM ROZ ARE DOWN  IS THERE ANY KIND OF GENTLEMEN'S HANDSHAKE AGREEMENT AS TO WHEN  THOSE CAMERAS MAY GET BACK IN  OPERATION FROM A TIME  PERSP PERSPECTIVE? SO AGAIN, THAT'S THE VENDOR'S  RESPONSIBILITY BECAUSE IT  PERTAINS THE EQUIPMENT, CORRECT. >> I'M SORRY I DIDN'T CATCH THE  FIRST PART OF YOUR QUESTION. >> IF THERE'S A CAMERA THAT'S  NOT FUNCTIONING, IT'S NOT  WORKING, IS THERE SOME TYPE OF  LIKE A GUARANTEE IT WILL BE BACK UP IN A PROCSCRIBED TIME PERIOD. ARE WE THERE AT THEIR DISPOSAL. WHAT'S THE TRACK RECORD. >> VENDOR IS RESPONSIBLE FOR ANY TYPE OF MANGES OR REPAIRS IT'S  THEIR EQUIPMENT. IT WOULD BE IN EVERYBODY'S BEST  INTEREST TO HAVE THE CAMERAS  WORKING. AT LEAST THE TERMS I'VE READ  WITH THE RED LIGHT CAMERA  OBVIOUSLY THE SOONER THE BETTER. THERE'S A VESTED INTEREST. >> Mayor: I'M SORRY, WHOEVER  THAT IS BEEPING. CHIEF, PLEASE CONTINUE. >> THAT WAS IT. >> Mayor: ANYTHING ELSE FOR THE  CHIEF? OR ANDREW  >> COMMISSIONER TURKIN  >> THANK YOU, MAYOR. >> CHIEF, FOR THE AMENDED  PROPOSAL FOR THOSE 5-YEAR  CONTRACT IS THAT CORRECT. >> THAT'S CORRECT. FOR THOSE FIVE YEARS THE $6 FEE  TO THE VENDOR IS EVERY YEAR. >> WHAT'S THE OPTION TO RENEW  >> THE OPTION TO RENEW RIGHT  HERE. IT'S TWO CONSECUTIVE ONE YEAR EXTENSIONS. >> ALL RIGHT. I MEAN, A LOT OF MY COMMENTS  WERE ANSWERED AT THE WORKSHOP. I JUST WANTED TO TIGHTEN UP THAT CONTRACT SO THAT TO WE'RE NOT  DOING $6 TO THE VENDOR. >> Mayor: I'LL TURN TO PUBLIC  COMMENT ON THIS ITEM. THERE'S NO PUBLIC COMMENT ON  ITEM. FIRST READING. >> Mayor: I WAS JUST INFORMED BY THERE'S NO PUBLIC COMMENT. THERE ISN'T A PUBLIC HEARING. >> THE ONLINE THING IS NOT  WORKING. WHEN YOU SAID PUBLIC COMMENTS  ALL MY NEIGHBORS SAID THEY COULD NOT COMPHECHBLT  >> Mayor: LET'S HAVE I.T. TAKE A LOOK AT THAT. >> MOTION TO APPROVE. >> SECOND. >> Mayor: WE HAVE A MOTION FROM  VICE MAYOR KELLY, AND A SECOND  FROM COMMISSIONER HEY. ALL THOSE IN FAVOR OF APPROVING  10B SAY AYE. ANYONE OPPOSED. MOTION PASSES UNANIMOUSLY. THANK YOU SO MUCH EVERYBODY AND  ANDREW. IF THERE'S ANYTHING ELSE FROM MY COLLEAGUES MOTION TO ADJOURN. HAVE A GOOD NIGHT EVERYBODY. THANK YOU SO MUCH.