The meeting today is Monday, September 23rd, 2024. The time is now 6.02 PM and this meeting is called to order. Before we proceed with the roll cause, we want to remind everybody of a rules of civility and decorum. Public comments must be addressed to the board as a whole, through the chair, and not interrupt any other speakers. Personal tax insults are strictly prohibited. Demonstrations are structured behaviors are strictly prohibited. You will be provided warning and should you violate these rules, you may be asked to leave these chambers. Let's proceed now to a roll call, mainly if you could begin. Mayor Pensorga. Here. Vice Mayor Kelly. Here, Commissioner Cruz. Here, Commissioner Hay. Here. Commissioner Turkin. Present. Mayor, you have a quorum. Thank you so much. here, Commissioner Haye. Commissioner Turkin. Present. Mary Yavacorm. Thank you so much. Our invocation for this evening will be led by Pastor Bryce Hudson from Christ's Fellowship Church, followed by the Pledge of Allegiance of the Flag led by Commissioner Woodrow Haye. Let's all stand for the invocation and Pledge of Allegiance. Thank you, let's bow our heads. Well, Father, we come before you grateful for a day that you have brought life. Father, tonight we ask that you would just be with this council, that their words, their desires, Father, their decisions would be of you. And Father, as we celebrate some great milestones of those in this community, we are grateful for the life, for the longevity, for the history that you have brought to this place to Boiton Beach, Father. We, in this season, especially ask that you would bring peace and civility, Father, that you would help us to see your creation above our own desires and so fathers. We move forward with this meeting. We just pray that you would be honored by the words and the actions of those who are in this space, Father, no matter their desires, no matter their heart, no matter their convictions, that they would desire to put you above all else. Father, thank you for times like this. You're holding awesome name, we pray. Amen. A pledge allegiance to the flag of the United States of America. And to the Republic, which it stands, one nation under God, indivisible with liberty and justice for all. Pastor Bryce, thank you, Commissioner Hay, thank you, both of you. Let's move on now to the agenda approval, additions, deletions and corrections to the agenda. I have no requests for this evening, but let's go around the days. Let's begin with Commissioner Turkin, if you have any requests. No? Commissioner Hay, any requests for addition solutions or corrections? No. Vice mayor. No, thank you, mayor. All right, thank you, and commission agrees. No, mayor. All right, with that, I have a motion to approve the agenda as presented. We have a motion from Commissioner Tarkin and a second from Commissioner Hay. All those in favor of the motion? I apologize. I do have a request for this meeting to add community support funds and I'll already work with the state clerk to make that happen. Excellent. So which area is that administrative? We'll make that five B. So the request here is fiveB, Community Support Funds, requested by Commissioner Cruz. Thank you. All right, let's start, Commissioner Terkin, do you want to proceed with the motion? Yes. All right, and the motion will approve with the amendment for the committee's vote. All right, excellent. All right, we've got our second from Commissioner Hay. All those in favor of the motion to amend the agenda as discussed say aye. Aye. When opposed motion passes unanimously the agenda is approved. Now we're going to move on to a informational items with members of the city commission and let's begin on my right this time. Commissioner Cruz informational items. We'll do this close years later right. For public hearing items we we can do the, I'm sorry, council. What was that? At the time of it. There's only one that needs and we'll do that at the time of the item. Perfect. Only one thing, I do want to say for disclosures that I did speak to the nonprofits and entities with regard to the community support funds. Okay. All right, thank you so much. Vice Mayor, any informational items? Thank you, Mayor. I just wanted to disclose that I have spoken with Neil Schiller and a representative from Red Speed with regard to Tennessee. And that's my disclosure, thank you. All right, thank you. Commissioner Hay. No disclosure, but I do want to thank the City of One Beach for their proclamation to St. John Missionary about this church for their 116th church anniversary this past Sunday. So thank you very much. All right, Commissioner Tracking for disclosures, we're gonna get to informational items correct. This is the okay perfect. So for disclosures. We're going to get to informational items. Correct. This is the final item. Okay. Perfect. So for disclosures, I did speak with Neil Schiller and I did receive a correspondence from Red Speed. I received an email correspondence from Stephen Abrams, I believe he represents another vendor, ultimate, and then Hassan de Baha, who represents, let's see here, Genoptic, received email communications with all those individuals. And then I just wanted to thank city staff, city attorney, W City Attorney, W City Attorney, Barbara Chelsea for joining me this afternoon to wish. Suci Simon a huge congratulations for winning the number one Suci restaurant, not just in Palm Beach County but the whole treasure coast and that is a huge accomplishment. This is a local Boyton Beach business you know that works day in and day out, that restaurant. And, you know, there was a vote. And went late into the night. They won 58% of the vote. So I just want to give them a huge round of applause and kudos. And thank you guys for coming out. Thanks. All right. Thank you so much everyone. We're going to move on to announcements, community and special events and presentations. The very first item 3A is a proclamation for the 76th anniversary of Boynton Beach, co-honus. I'm going to read this proclamation and present this at Thomas Ramicchio commemorating September 2024 as a 76th anniversary of Boenbeach, Kiwanis. The proclamation reads as follows, whereas Kiwanis is a global organization of volunteers dedicated to improving the world one child and one community at a time. The Kiwanis motto is serving the children of the world and whereas the Bo Boyn Beach Kiwanis has been serving the needs of underprivileged children since 1948, the Boyn Beach Kiwanis is proud of its current service projects. Two, reading Oasis at our elementary schools, point C.N. Elementary and rolling green elementary. Here, children can take a book, read it, and take it home forever. Boyn's and Kiwan's partners with Scholastic Book so that it is at no cost to the children. And whereas Boynton-Kawane's is proud of our service projects with the city of Boynt Beach. In 2020 and 2021, Kiwanis funded swimming lessons for the children at the Denton Pool. Drowning is the number one preventable cause of death for children five and under. We financially support shop with the cops, and assistance serving hot dogs and the packaging of the toys. Each month, we pack and sort donated food with cross ministries to be distributed to food pantries throughout our community. And whereas Kiwanis has leadership developments slash service programs in every level of our school system, in our elementary school, we have K kids. This is the beginning of teaching our youth about community service. In middle school, we have K kids. This is the beginning of teaching our youth about community service. In middle school, we have Builders Club, in high school, we have Key Club, which in Florida is the largest student-led service club in the world. In Florida, we have 22,000 high schoolers serving our communities, and whereas, Boynton-Kawana meets every Tuesday at Cracker Barrel, and now therefore, I type in Serga Mayor the City of Boyne Beach, Florida, to hereby commemorate an honor September 2024 as the 76th anniversary of Boyne to the Beach, Kiwanis. So I'd like to ask Mr. Amitio to accept the proclamation and say a few words about the work that your organization is doing. Let's give them a round of applause. Thank you mayor. Thank you mayor commissioners. Thank you so much for recognizing the point in Beach co-ownesis 76th anniversary. I just would like to recognize a couple of our members who are here today, Mark Tolhurst, the past president is here, Mark, if you put your hand up, Joe Warren, 38 year member. Both of these guys, Joe and Mark, are the two liaisons, two key clubs. One is at Boehm in high school, and the other one is at Canyon High School. So there are two representatives for there. I handled the two elementary schools. I handled Rowling Green in Poincyana. And one of the things that we found during COVID, that we were helping with books and helping with all the, you know, the most common things that Kiwanis clubs do for schools to help them. But one of the things that Kiwanis clubs do for schools to help them. But one of the things that the principal came to us and said, Tom, one of the things we have a problem with is we have this little pantry because sometimes the girls or boys come to school and they may not have the appropriate underwear or socks. So if Kiwanis could help fund and we can keep these items kind of on the QT and then when appropriate we could have those items to distribute. So we're doing that as well with Poincyana and with Roland Green Elementary as well. So there's a lot of needs that are here in the community. You know our work with packing the food. If there's anything we can do to help with anything that has to do with children, underserved children, we want to step in and help. We help with immunizations, we partner with the Palm Beach County Health Department. So school-aged children can get the proper immunizations before they go to school. So we have a shot by two program that we do in partnership with the health department. So if you're interested in Kiwanis, we would love to invite you to come to the cracker barrel each Tuesday, and I thank you again for recognizing Kiwanis for their 76 years of service to the city of Bloing Beach. Thank you so much to all of you. Thank you. Thank you so much to all of you. Thank you. Thank you. Thank you. Before we move on to the next announcement, I just want to take a moment of personal privilege and acknowledge the 80th birthday of one of my colleagues, Commissioner Hay. I want to wish you a happy belated birthday. Was this Friday? Happy birthday. And I also heard that coming up very soon is your 59th wedding anniversary with his wife, Melderick. So congratulations and to many more years. It only took me 80 years to look this good. Thank you. Thank you. Happy birthday. Our next announcement is by the Boynton Women's Club Board Members, Christy Heinz. I apologize if I mispronounced your last name. I think it's Christy Heinz. And Barbara Erlichman of the 100th birthday celebration of the Addison Miser designed historic women's club. Good evening and welcome. Good evening, Mayor, Vice Mayor and commissioners. I'm actually a second vice president, Deborah Tucker, because Christie was not able to attend, so I'm here in her place. The Boyton Women's Club has been serving the community for more than 114 years. It served as a city's first public library and the members provided library services until 1961. The Boynton Women's Club members have played a significant role in the social and cultural development of Boynton Beach since 1908. Granting scholarships to Boynt an area high school students who were entering college or trade school, as well as the Marie Shepherd mature woman scholarship for students who are re-entering the workforce. Application deadlines are November 1st, if anybody knows anyone. We also support local organizations such as Head Start, Girl Scouts, and Forgotten Soldiers, plus local charities such as Shop with a Cop, and other charities as requested. We continue to be a vital thriving club and welcome new members. We continue to meet in our beloved clubhouse and thank its owner, the city of Boing Beach, for maintaining it in good working order. Thank you so much. Thank you. I'm sorry, I also brought brochures, and I will leave them with Kelly so she can distribute them later. Good evening, commissioners and mayor. My name is Barbara Erlichman and I am the third Vice President Communications of the Boynton Women's Club. On behalf of the members of the Boynton Women's Club, I thank the City of Boynton Beach for its ownership and continued stewardship of the historic Women's Club of Boynton Beach, formerly known as the Boynton Women's Club. The historic women's club is the only Meisner-designed building in Palm Beach County that's open to the public. Since its opening in 1925, the club houses served as a meeting place for many community organizations and churches. And next March the 22nd, the Boyntons Women's Club is hosting a birthday bash to celebrate the building's 100th birthday. In the afternoon, the public will be invited to tour the building and see examples of Meisner's design genius. There will be representatives from local organisations, experts who will talk about the city's history, as well as local artists. At six o'clock, we're inviting the mayor and commissioners to introduce themselves to members of the community. Then from seven o'clock to nine thirty, we go into party mode. The clubhouse will be transformed into a speak easy, and for $20, guess we'll have the chance to party like it's 1935. There are foods and drinks of the 1920s and people's condense the night away to jazz music of the era. For the past 100 years, the historic women's club has been and continues to be a beloved site for weddings, baby showers, wakes, reunions and all sorts of garrals. It is an invaluable asset to the community. We ask the mayor and the commissioners for their support for this much-deserved celebration. Thank you. Thank you. Thank you so much, Barbara, and to Dubra, and to the entire board. Thank you. Thank you. All right, we're gonna move on to the next portion of the agenda, which is public audience. This is for anything on consent, or anything not on the agenda. All speakers have three minutes per person and same rules applies as always. This is not a Q&A but we are taking notes. Mayor, my apologies, I forgot to add an item. There was, as everyone knows, there's a possibility of legalized for recreational marijuana coming and we wanted to add a discussion item as far as whether or not later on in the future, whether in a commission would like to allow dispensaries or not. And I think the city attorney can speak to the legality of that. As long as we make a decision prior to that passage, we will be able to be grandfathered in. Okay, so I guess the immediate question I have is what is the time sensitivity? Is it something that we can put on a future agenda item for a follow-up meeting? For clarification, if we regulate not the medicinal use but whether we want to regulate the ability to sell recreationally within the city. If we pass an ordinance prior to going into effect, assuming it passes in November. So I'm anticipating it will actually go January 1. Okay. Then in order to get the state preemption for already having a law on the books, we'd have to get it on the books before January 1. So I'm going to need direction if that's something the city is interested in to get that done prior to a possible law going into effect. Is this a conversation that other cities are having as well? Yes, I'm actually I went to a luncheon with other women municipal lawyers in the county and it was one of the issues we came up. So I know Coconut Creek just did it. Wellington has one. So it is something that everyone is scrambling to get done. So I just wanted to bring your attention that if it's something we're going to do, we need to do it now. All right, so it sounds like we still have a window. So I would recommend that we put that in a future agenda item to be discussed next meeting. I'd like to add it to October 1, if that's possible. That's OK with me. And then direction, and that'll give me time to draft an ordinance and get the two readings in. All right. OK. All right. Thank you. No objection to a future meeting discussion. OK. Thank you. So, again, public audience, you know the drill. Let me switch to the timer, give me one moment. Stay your name for the record and begin you're ready. Sure. Hi, everybody. David Merker. I'm sorry those women left because they missed the part of their history. What I mean by that is the 19th Amendment, which gave women the right to vote. In Congress who has passed June 4th, 1919 and for women it was August 26th, 1920. What they represent is the direction that this country hopefully will keep going forward. It's called equality for all. And I think that's something that should be announced every year. These dates and what it represents for all the people in this country. Thank you. And next speaker, stay your name for the record and begin when you're ready. Susan Oyer, BoiTon Beach. First of all, I want to say thank you to our wonderful utilities department who've been very helpful to me in the last week. And Patrick Hart, as well, who's been incredibly helpful. I have two things to talk about. First of all, it appears Florida Public Utilities is coming into my neighborhood at the moment, trying to put in new gas lines, which very, very few people use gas anymore, especially after the fire across the street from me about a year ago. I want to know exactly how many people are actually using gas and why they aren't just coming and ripping out these gas pipes because we don't want them. They're dangerous, especially the rotting ones in our backyards that can blow up and we do not want them. Almost no one uses gas. What do we have to do to get rid of these pipes until Florida Public Utilities know? AT&T ripped up our backyards about two years ago. Now, FPU wants to come in and rip up our yards and we're already slated next year to have FPU come in and underground our wires. How many more times do our yards have to be ripped up? This is wrong and just say no, especially if little to no people are actually using these gas in their houses. My bigger issue tonight and I want to say thank you to commissioners Turk and crews who've listened to this. Surprise, I have septic tanks in my yard. Turns out my neighborhood does. So there's hundreds of houses with two septic tanks in them, one for the washing machine out in the garage and one for the house. Most of the houses, if not all of them, got transferred over to city pipes at some point in the 60s. My house was built in 57, but apparently not all the ones for the washing machine's got switched over, including mine. I am now facing an almost $12,000 bill if I'm lucky it's $12,000. And I want to know what grants or what is available to me because I pay a whole lot of taxes. And this was not something that's on my surveys. Apparently the city has no records of anything before 84 to 86 in talking to multiple department people. And I think you now have hundreds of homes in Forest Park, see across the states, Bowers Park, and the North in the town that all have septic. And need to be switched over. That is a huge infrastructure cost coming year direction. And how are you going to help the residents? And I'm not looking forward to a $12,000 bill and I don't think it's correct, especially if it was not on the surveys. Because the city does not have any records from anything before 84 to 86. So I was not aware when I bought my house, no one apparently prior to that was aware, except their original owners from the 50s, early 60s. So please let me know how I can get some assistance, financial assistance in this. Because I think I'm more than given enough money back to this city. It's time to send some back my direction, and be thinking about how you're going to approach this several thousand homes potentially that have this problem in this city. Thank you. Thank you. Next public comment speaker. Cindy Falcadie-Carrado. I called a couple of weeks ago in regards to this back alleyway which runs from Seacrest, past where I live off of Northwestern Avenue. Behind there's grasses about five, six feet high. I have had to complain about it every time it needs to get done. It's not my job to make sure that the city does their job by keeping that alleyway clean. I do want to also address another situation. Not calling anybody out particularly, but on the workmanship that's been done in the seat of a mayor. It has been the most appalling, abusive situation ever with a mayor that we have sitting in the seat today. I'm letting it be known that it has been brutal. I have never come to meetings and been so dishonored, disrespected, beat up and abused, especially by this police officer that's right here today. It's unfathom for me to see this officer right here that gives me PTSD, I guess that's what they call it, when all of you witnessed him attacking me three times. And I don't understand why this man is still sitting in this room right here today. It's wrong. And again, you will be hearing the court, you will be getting the paperwork. And I want you to know it's not forgotten. And the abuses in the three months that I had to go to the therapy for my arm, that he hurt and twisted up my back. And for everything that was done, this is unbelievable, that we have a system here with people who are supposed to represent people. And you come to a meeting and you get attacked. It is wrong on every level. When you're here to do a job to protect the people, not abuse them, Mr. Mayor, you are the worst mayor we ever had, thank you. All right, next public comment speakers, or anyone else in the chambers? Now's a time to approach the podium. All right, seeing no Anyone else in the chambers? Now is a time to approach the podium. All right, seeing no one else in the chambers, we're going to go to those online. Let me take a look and I see no one waiting online with that public audience is now closed. We're going to move on to section five of the agenda administrative. Let me open up the list. So under administrative, we have several advisory board appointments or reappointments and where is that? All right, under the Affordable Housing Advisory Committee there is one applicant, London Nelson seeking a second term as the citizen engage as real estate professional and affordable housing. That role goes to vice mayor Kelly if you would like to make it. Yes. It's in engage as real-state professional and affordable housing that category is. But you're in the next selection. It skips you and goes to me. The way it was raised. There's no applicant for the first category. I'm happy to make a nomination. No, it's fine. I just, just, just. The way it's written, it suggests that it's yours. Okay, then I will nominate London Nelson to serve their second term as a citizen engaged as real estate professional. All right, any opposition, any objections to that? Congratulations, Linda Nelson. You have been appointed. To the advisory art board, the advisory board, there are no applicants building board of adjustments and appeals, there's no applicants, likewise with youth and education advisory board. The employees pension plan board of trustees, historic resources and preservation board. However, now we get to the library board and there are several many applicants. And the first one here is my nomination. And this is replaced George Feldman, whose second term has expired. I'd like to nominate Christine Lang to the position. Any objections to my nomination? All right, before we proceed, we have another vacant position here with Vice Mayor Kim. I'm sorry, Mayor. The clerk has indicated that, typically there's a second with regard to those nominations, and in the last two, there wasn't an actual second to the nomination, so if we could just redo those. Yeah, we can do that. We'll make a formal. Let's make a formal motion. Let's do that. The very first one vice mayor for London to approve. Okay, all right. It was her motion, but it's all good. Is that all right with you? Yeah. Okay. All right. All those in favor of appointing London Nelson as our citizen engages are real estate professional and affordable housing say I. Hi. Hi. All right, motion passed unanimously. We're going to go back to the library board. My nomination was Christine Lang. This is for the regular position on the library advisory board. Is there a second? Second. All right, we have a second from Commissioner Turkin. All those in favor of the motion for Christine Lang say aye. Aye. All right, motion passed unanimously. Vice Mayor Yurtun. Thank you. I move to appoint Veronica and a Pete, sorry if I pronounce that wrong, to the regular position for the education or the library board. All right. Is there a second to this? Was that you, Commissioner Cruz? All right, all those in favor of the nomination of Veronica NAPE to the Library Advisory Board say aye. Aye. Aye. Motion passes unanimously. Okay. The next one for an alternate role goes to Commissioner Cruz. Motion appoint Donna Mitchell. Donna miss. Was that a second from Commissioner Turkin? All those in favor of appointing Donna Mitchell to the the committee for the committee. I would like to thank the committee. I would like to thank the committee. I would like to thank the committee. I would like to thank the committee. I would like to thank the committee. I would like to thank the All right. We have a motion in a second for Verna Henry. All those in favor of the nominations say aye. Aye. Motion passes unanimously. There are no applicants for the recreation and parks board and the senior advisory board. This nomination goes to you, Commissioner Hay for the regular position. It is currently vacant and there is one applicant Rebecca Shelton. Rebecca Shelton, a nomination. Second. All right, we have a motion from Commissioner Haynes, second. From Commissioner Turkin, all those in favor of the motion to appoint Rebecca Shelton to the Senior Advisory Board say aye. Aye. All right, motion passes unanimously. That completes item 5A. We did add item 5B which is Commissioner Cruz's request for community support fund disbursements. Pretty clear, because the list. Do I have to read it? Okay. Okay. Um, it wasn't the purpose. It was for the little league. Yeah. Okay. Okay. Um, $700 for the little league, $11 U travel team, $700 for the little league, $12 U travel team, which adds up to $1400 for the little league, 12 U travel team, which adds up to $1,400 total for little league, $1,200 to the balanced women nonprofit, $500 to the caring neighbors nonprofit, $500 to the American Legion post 164, and $400 to the Heart of Boyd Association. All right, was that all of it? Okay, all right. That's my motion. Sounds good. Is there a second to her request? Back it. We have a second from Vice-Marikelli. All those in favor of approving the aforementioned items say aye. Aye. Anyone opposed? Motion passes unanimously. Thank you. We're going to move on to consent agenda. Are there any items under consent that my colleagues would like to pull? Yes. Go ahead, Commissioner Hay. I like to pull item E. Is this the renewal of insurance policies? Yes, I see. I'm sorry. I'm sorry. 421. The facility is. The facility sorry. I'm sorry. 4, 2, 10. The facility use. No. No. It's the facility use agreement. It's the facility use agreement. Right. So in my copy, it's the facility use agreement for entities are, okay, that one. That's the one. All right, so that's the commissioner, hey? Also, K. Resolution R24216. Okay. That's it. All right. Any other requests from my colleagues? All right. Hearing no other requests. We have a motion to approve the remainder of consent agenda. We have a motion from commission or token a second from vice mayor. Kelly, all those in favor of approving the remainder of consent agenda say aye. Aye. Anyone opposed? Motion passes unanimously. We're now going to proceed to the pulled items in the order. Item 6E proposed resolution number R24-210 approving a template facility use agreement for entities desiring to use city spaces for meetings, programs, and or events. Who would like to introduce this item? That's gonna be, May I? What I'm looking for is in layman's term, you don't have to go into a lot of detail, but I wanna make sure that the audience and the public understand this and how to use it and what it means and what's been opened up to them. So that's what I'm coming from. So just make it clear. Good evening Mayor, Vice Mayor, Commissioner Kelly Arms, the Division Director of Arts and Culture. The facility agreement is regards to those entities that desire to use our facility typically like free of charge such as the women's boy and club who uses historic women's center for their meetings. That's the agreement. It is at no cost to them. So that's what the facility agreement is for. So it's just a template. Okay. At no cost. At no cost. We do have some that do pay like the young singers. They do rent our facility and they pay $7,000 throughout the entire year. But we do have others that are at no cost. Like the Garden Club for women. So. I just been getting a lot of questions about that. That's why I want you to sort of say a few words about it. Absolutely. And all of our agreements go through the city attorney. And it's just a template. And again, we do get some funding, depending upon the organization, but there are others who cannot afford. And so we're working with them. OK. Thank you. OK. Thank you. All right. Thank you, Kelly. Okay, thank you. Okay, thank you. All right. You can. Any other questions on this item? Or comments? Motion to approve or 242. Second. All right. I'm not sure we made the second first. Commissioner Cruz. May the second, all those in favor of the motion to approve item 6E say aye. Aye. Anyone object? Motion passes unanimously. That brings us to item 6K, proposed resolution number R24-216, approving the conditional settlement and release in the amount of $100,000. For the resolution of Catherine Matos, the City of Boyne Beach, EEOC charge number 510 2024 and related claims. Okay, I'll give you a few questions about this particular one. It sort of greaves me that we'll be in sued left and right here. This particular one, I don't recall when we voted on this amount. Normally my experience has been that we have a closed-hole session. And we have, I haven't seen any proof that these charges are real. How do we come up with this $100,000? And when we've had no closed-door session on determining that amount. So where did that amount come from? And I just need some answers here. Sure, no problem. There was Ms. Matos made an EEOC charge based upon things that were said about her by our former HR manager and the disclosure of private health information which is protected. She alleged an ADA violation. We have been, we are not in active litigation. She's made an EEOC charge. So active litigation is defined as when she files a complaint in circuit court. EEOC is just thinking a right to sue, so we would not be entitled to have a closed-door session. And we got in the OIG results. We have not. But. How can we just come up with an amount to just, are we,outher sure that she won't just go away. My understanding of this, we pay $100,000 and then what? Well, she's signed. She's come back. Correct. But she still sue us. No, she cannot sue us because what you're also approving is a complete and total release of all potential future claims, this current claim against all city officials in their official capacity current informer and she is releasing of all possible claims coming forward in the future. I understand all that but what I hear and what I see that we've come up with an amount of $100,000 to figure which I had no say so in okay I don't because I don't remember having that that conversation with anybody here no sir this is wondering why not No, sir. This is the- No, one are in. This is the up. One not $2,000, one not $50,000. So a litigation evaluation was done between because Ms. Matto's was an employee here that I had to work with in order to remove any appearance of impropriety. Again, we ask an outside lawyer to represent us with regard to responding to the EEOC charge. There was an evaluation of what these claims typically cost and given what she is alleging the damages are. And based upon past possible wages, future wages, and reputational damages. This was an amount that is far below what she requested that we felt was fair and favorable, and also taking into consideration what it would cost us to continue to litigate this if she was able to move forward in circuit court. So it is based on that. And this is your opportunity to approve or reject the settlement. I'm gonna reject it because simply because I didn't have input to it. I should have had a say so in it, just like you explained it just then. We could have talked about this in a close little session so I knew what was going on. But just to be hit with this with no proof of, from OIG, I cannot support this. All right, thank you, Commissioner Hay. Anybody else went away in on this matter before I do? Yeah, so I got a couple questions. So this complaint and just chime in if I'm wrong. So this complaint was brought forward because there was a HIPAA violation. We're not, we're not subject to HIPAA. Okay. HIPPA, but you had an HR manager who allegedly had private health information about a health condition of an employee and disclosed that to the media. That is a problem. And- Subjects us to liability. Is this in reference to the email that was almost read out loud? And also it was for it. Sent out to multiple individuals of this dies. That is correct. Yeah, so I think that was, you know, you should never talk about. I mean, that the reason we're here, I understand your frustration. I would have liked a conversation before. I think this is going to turn into a very large lawsuit if the things are true. And what we've noticed before is, you know, facts hear say, there's been a lot of hearsay thrown around. And there's three investigations launched based on sheer hearsay, right? Where the facts are, if there is a medical condition and that was disclosed to the media and under other individuals, that is a hypavirollation, right? It's a charging EOC. This individual could probably get a lot more. And I think, I don't know. I don't want to cost the city more than what we need. And if there was an outside council that recommended and did an analysis, and this is where we're at, that's great, I think, in the future that should be something discussed. Whether it's in a shade meeting or not, I understand that the law is different for that. But I think one-on-one, before this gets brought to us, I think that's important. And so understand the art of negotiating, I get that. I understand. And you know at the end of the day, I know it's staff's executive responsibility to make sure that we mitigate any litigation and mitigate any costs unnecessary costs to the city. Sure. I apologize for that commissioners. I'll take personal responsibility for not setting up private meetings with you. Sure. I apologize for that commissioners. I'll take personal responsibility for not setting up private meetings with you. I promise to ensure you that will not happen again. That's all well and good, but he mentioned the word if these allegations are true. We don't know that yet. Okay. And I'm sure I cannot see how unless there's some scale that you go by if it's this level of Event you you pay this amount and that amount know something doesn't fit here to me and I need more time I need more To talk about this thing because where do we go from here? I mean how many others do we have in the hopper with this type of stuff? Going forth we need to talk about these things, we need to discuss them. Now if you don't want to have a closed session find some other means. But I knew nothing about this until I read it here and that's unacceptable to me. And this was on the workshop too. When it came up, I asked for private meetings because of the ongoing claim. I can't sit here and tell you all of the details involved. No, I'm sure. And all of the claims for damages, all I can tell you is they are pretty extreme. Yeah, and so if they are true, then I think we're looking at something greater than, I mean, I'm indifferent, and me the way. I just, my responsibility up here is to make sure that I'm fiduciary, fiscally responsible with taxpayer dollars. And the claim I'm assuming that was made was, from what I understand, pretty egregious. And if that indeed, you know, this would be damaging individual's reputation and that could prevent them from working. From working, I mean. If we can take this kind of conversation in the table, if we could. Because unfortunately, we're throwing a lot of opinions out there and I think that we're not serving the best interest of the city by providing opinions per se and I think it's probably better to have those individual discussions with the city attorney. My only concern is the time sensitivity of this that. I'll just go ahead and take a table. I'll just go ahead and take a table. I'll just go ahead and take a table. I'll just go ahead and take a table. I'll just go ahead and take a table. I'll just go ahead and take a table. I'll just go ahead and take a table. I'll just go ahead and take a table. I'll just go ahead and take a table. I do have a question for council and I'll just pose it now but we'll have that discussion in detail later. In my time in my role in the city, I know we've had previous EEOC claims and we've had closed door sessions to discuss the settlement amount or whether or not we need to move forward. I know that's those conversations we had. I was in those rooms with the chief Latasha clements at that time. So I just want to understand what the nuance is. Was that in litigation? There's a difference between the EEOC charge. You can have an EEOC charge and a complaint. If there is only an EEOC charge, that is not active litigation, which the sunshine logs does not allow for a closed door session. Okay. All right. Thank you. My position remains the same. Are there any further comments from my colleagues? We have a motion before us to table this item. To can we be more specific with the date? It has to go by October 1 or the whole thing blows up and they are going to file suit. And I can tell you our litigation fees will well in advance of $100,000. All right October 1 is good for me. All right you continue with the second from Commissioner Hay. Yes. All right all those in favor of the motion to table this item to the October 1st meeting. Say aye. Aye. Aye. All those who pose? No. All right. Motion passes, unit 4 to 1 with Vice Mayor Calli dissenting. All right. We're going to move on to the next portion of the agenda which is consent bids and purchases over $100,000. Are there any items under this section that my colleagues would like to pull? Take a look at it. Take a moment. Look at it. Any request? Take a look at it take a moment look at it and a request if There's none may have a motion to prove the remainder of consent bids and purchase like it We have was that a comment a commissioner? You have a second. All right I heard the motion from commissioner Haynes second from commissioner Turkin all those in favor of approving consent bids and Purchases over 100k in its totality say aye aye Motion passes unanimously. We're not moving on to public hearing. Public hearing, the very first item here is 8A. This is proposed resolution number R24-221. This is adopting the final milligrate for the general fund for fiscal year 2425. There's another resolution related to it. Proposed resolution number 24-222. Adopt the final budget for the general fund and all other funds for fiscal year 2425. Are there any questions or comments from my colleagues to staff? All right, so it is a public hearing. So if you would like to speak on this item, now is the time to approach the podium So we have two resolutions before us comments are restricted to just these two items again This is adopting the final millage rate and the final budget for the general fund and all other funds for fiscal year 24 25 let me switch to the timer begin when you're ready Hi, Susan or'air, Boi-Ton Beach. Once again, I'm gonna say this is an excessively large budget. When you look at the total, we are over $300 million. That is a quarter, a third of a billion dollars. And this is about five years after it was a quarter of a billion dollars. So you've gone up approximately $100 million in five, six years. And I want to know why I really think the idea to have a line item veto is worth exploring, starting with a zero budget is worth exploring. And now I'm noting that there's no money in there for septic tank removal and helping people put their whatever septic tank problems onto city lines, which you guys really need to be looking at that because my house is probably one of the first and it's certainly not going to be the last. But I would invite you to look closer at this and find ways to cut this because I think you need to be prepared for any disasters, any emergencies. And do you really have that money sitting around and I don't think you do. And I think going up $100 million in five to six years is an outrageous increase in budget. Thank you. All right. Thank you. Next speaker. I can curve what Susan said and taxes are illegal. I'm just tired of being raped for the monies that are spent so foolishly. There's a budget that you had even prior and we're still getting assessments on things which is a tax. One is it going to stop. One, where's taxation without representation? It's just getting out of control. And I think that you guys really even represent it as of we the people up there. You need to think about that. I mean, people are paying over $6,000 just in taxes alone for their houses, then with the insurance going up. And now with all these rates, I mean, the government is we the people. It's our money. It's our money. I don't know if you realize that when they say money here get money from it. You're getting it from us and we're tired of paying these exuberant prices. Please do better. Thank you. All right. Anybody else in the audience pertaining to these two resolutions? Now's the time to approach the podium. Seeing no one else, let's go look online. I see no one online with that public comments on this item is now closed. Are there any questions for my colleagues comments? Let's begin with a motion to prove the very first resolution. This is our 24-day- two-two. Mayor, I'm sorry. Just for I just would like to read make sure we read the entire item in full. Let's do that. Maybe you want to do that? Yes, please. Resolution. Okay. Just the intro is that we want. It's proposed resolution R24-221, adopt the final millage rate for the general fund for fiscal year 2024 2025. You can go on that, but then I'll read the next motion to approve. All right, I already read that, but that's fine. I just want to make sure. Okay, sounds good. We have a motion from Vice Mayor and a second from Commissioner Cruz. All those in favor of approving this resolution are 24-221 say aye. Aye. Anyone opposed? Motion passes unanimously. Let's do that. OK. We're going to move on to proposed resolution number R24-222. Again, this is adopt the final budget for the general fund and all other funds for fiscal year 2024 and 2025. We have a motion on that. Motion approved. We have a motion from Commissioner Hay and a second from Commissioner Turkin. All those in favor of the motion to approve the aforementioned resolution say aye. Aye. Aye. Anyone opposed? Motion passes unanimously. That concludes item 8A. We're moving on to item 8B. Proposed resolution number R24-224. This is to ratify resolution number R24-192, adopted on September 3rd, 2024, for the fire assessment fee of $145 for fiscal year 2024-2025. Were there any further details that should be read into the record? Which one make sure we covered this one? Because there's two of them. Was that sufficient? I just wanna to make sure we covered this one. Because there's two of them. Was that sufficient? I just want to make sure. That's good. Thank you. All right, anything from my colleagues? Questions for staff? Nope. So if you'd like to speak specifically on this item, now's the time to approach the podium. I'm going to go to the committee. I would like to know really for this fire assessment, how many actual fires do they put out a year for this assessment of extra funds that's, you know, they have a budget. It seems like it's more medical than it is fire and there needs to be something to be worked out with that. So that we're not being billed for fires and for all this equipment for fires. When we really don't have that many fires we have more medical use of the fire department than fires. And as when I get the numbers and when I get it directly I will address it again to let you know how many actual fires we have in this community in a year for us to be assessed each homeowner $145 more dollars than what they already get, which should have been sunshineed out. And unfortunately it stays in and then it gets added $25 more, which is again highway robbery. It's attacks. We the people shouldn't be paying it. Again, I think with all the toys that the fire department have, they need to cut back on that and their million dollar exercise room they have over here, a state of the art. I don't know if you've seen it. You need to start paying attention to where these dollars go and how they're being spent and go actually physically look at what they're buying and what they're saying they need stuff for that they don't need. Thank you. Thank you, Thank you. Next speaker. Susan Oyer-Bointing Beach. I'll once again and go on the record saying I think if the money is at the issue there is an exemption form that can be filled out. But I'm all for this. I mean, I don't like paying extra taxes either. You know, please again, give me some money back for my septic tank problem. But you know, I do see that there's value in this. Seconds, as Commissioner Hayes said, seconds matter, and it matters that we're able to get our fire and our paramedics and our rescue people. Where they need to be, when they need to be there to deal with whatever emergency we have. So while I too do not like paying extra taxes, this is definitely something that I can see the benefit in the result, and I think it's valid and worthy. Whereas, you know, the budget just kind of flies around in our face, and we don't see where that actually goes. This is something we actually see, and we can touch it and feel it, whether we're looking at the fire people, or we're looking at the vehicles or you know the boats because yes we all know that we live right next to the ocean in the intercoastal and there's a lot of there's a lot of accidents that happen and so this this equipment does get put to use and yes I do have elderly relatives who've had to call 911 and be taken out in ambulance is several times in the last couple years so it I actually am all for this and I encourage you to support this. Thank you. Thank you. Is there anyone else in the chambers who would like to speak specifically on this item? Seeing no one else and I see no one else online. Public comment on this item is now closed. Last chance for my colleagues to ask any questions or comments. Seeing none, may have a motion to approve proposed resolution number R24-224. Second. Oh, second for discussion. Go ahead, sure. So as previously stated at the last commission meeting where we discussed this item, I'm not going to be in support of this, but in addition to that, I do have a lot of seniors that are living on fixed incomes and they need help to be able to apply to this exemption. I did send an email to staff you know with regard to fulfilling the request that I made last time at the previous commission meeting. There's an idea of potentially having a meeting city wide, but in addition to that, that's completely fine. It's a good idea. But in addition to that, I do want to request, you know, for me to be able to go with the staff member to Leisureville. It's a community that has a high population of a 55 plus community and many residents are living on fixed income. Some of them don't even drive anymore. It just depends on a situation and I think it's in the best interest of the community as well as my duty as our commissioner to be able to have a staff member or more than one really because we have about let's say 2000 or so seniors. If we were to do a citywide meeting, we know that there's not that many rooms that can fit, 2000 people and the likelihood that they're gonna be able drive out is a lot of logistics. So at least for the seniors, for everyone else, I think it's a good idea to have a citywide meeting, however, for our seniors, I think that's a good idea to have a citywide meeting, however, for our seniors. I think that I would definitely like to request to have a specific meeting for them and to have at least a couple of staff members that know the logistics and the details of the application. And I would also like to request to have the link to the application email to me. Or really to all the commissioners so they can disseminate that to their districts. That's my request. All right, thank you, Commissioner Turkin. You had a comment? Yep, thank you, Mayor. Yeah, last year I think I brought this up about the fire assessment exemption. I think we need to take a look at loosening that up for our senior residents and for working class individuals. I had a neighbor that up for our senior residents and for working class individuals. I had a neighbor that applied for it and she wasn't eligible, right? And they're on paycheck to paycheck, right? And so I think that's something this commission needs to look at. I don't want to go too much in depth and roadblock what we're doing now. But there's a lot of people that could benefit this, especially our senior community. And so I wanna make sure that, maybe we have a discussion item on that at a future agenda and really talk about this. So that way next year, we're prepared, and we can balance the budget and consideration of these exemptions and then dissipate it in exemptions. Thanks. Can you just send me an email commissioner and cruise? An outline exactly what you're thinking in a time frame. And we can move forward with that. I have no objections to that. I just know there's probably more than just leisureville that we have to ask. We'd have to look at as far as like making sure we, for sure. And I think really what the idea behind this is, is given a simplistic explanation of what the seniors have to do, and maybe have some staff members walk through and kind of train the trainer, and do a force multiplier in some of these 55 plus communities, so they can be helped to get through the process. That was good, thank you. Yes, Commissioner. I can understand what has been said and I concur with it. However, on the circumstances, I will support the 145 now, but as been stated, we look at our senior citizen because to be quite honest, we are some of the very ones that want the service almost immediately. And so for us to be able to get that service, I think it's a greater plus than the few dollars that we're talking. However, we do need to discuss it, we do need to maybe allow opt-in out on the different circumstances and conditions. So I'm open for discussion in the future. But for right now, I support the resolution. All right, thank you so much everybody. It looks like we're ready to move forward. Let me just reread the item into the record to make sure everyone is super clear. This is proposed resolution number R24-224, which ratifies resolution number R24-19 to adopt it as September 3rd, 2024, for the fire assessment fee of $145 for fiscal year 2425. May leech when it confirmed the motion was made by. I may- Commissioner Hay and the second was made by Vice Mayor Kelly. All right, all those in favor of the motion say aye. Aye. Aye. Who poses? Is it roll call or? Nope, this is a regular resolution. If anyone object. Are there a assessment? Yes. OK, I'm going to say no. All right, so we have an objection from Commissioner Cruz and Commissioner Turkin. So the item passes 3 to 2 with Commissioner Cruz and Commissioner Tarkin dissenting. All right. Thank you. We're going to move on to the next item. This is item C proposed ordinance number 24-012. It's a second reading. City clerk, if you could read the introduction into the record. Proposed ordinance number 24-012, second reading and ordinance of the city commission of the city of white and beach, Florida. I'm ending part two, chapter two, administration, article two. City manager section 2-30, powers and duties generally. By creating a new subsection K, authorizing the city manager's execute, all employment related contracts on behalf of the city, provided for codifications, availability, complex, and the infective date. All right, thank you. Anything for staff? From my colleagues on this? Otherwise, I'll turn to public comment. Okay, public comment specifically on this item. If you'd like to speak specifically on this item, now is the time to approach the podium. This is again authorizing the city manager to execute employment-related contracts on behalf of the city All right, begin when you're ready Good evening mayor commissioners for the record Tom Ramicchio 4065 Travitable of art in historic, no one so I've Listened to the conversation over the last couple months on this issue and I have a couple comments first on the a couple months on this issue and I have a couple comments first. On the given the authority to the city manager to sign is, shouldn't be an issue because the city commission does have the authority to grant that limited authority to your city manager. However, I would caution you on using the word all city contracts. As you know, you contract the city attorney and the city manager and you may want to leave those contractual employment agreements to come directly to you instead of them now going to the city manager. So I would caution you on using the word all and recommend that you be more specific on that recommendation. And then in general, in listening to the back and forth, it is clear that my interest is preserving the mayor's authority in the board governance structure. When you look at the four forms of government that we have in the state of Florida with the commission manager, the strong and weak forms of government as well. We're using the most popular, 70% of all of the communities in the state of Florida use the commission or the council manager form of government. And you'll notice that they're equal on the listing in state statue and in your city charter and they're equal on the same line what a hyphenated because you share in the administrative side the city manager is responsible for and it's clear with that limited authority granted to him in state law and in your city charter. And then you have the authority that's granted to the mayor. So I like to have the protection. For example, if say you debate a contract for an employment of a union contract, and you agree to a 3.5% increase for that contract. When the contract, the contract is not going to be here the night that you typically approve it. It will come back to you once the language is crafted and there in lies the city manager then brings that to you with the city attorney. So you would want the second set of eyes being either the mayor or the council side. It's board governance. It's not a power grab by one or the other. It's really just a balance of the structure that you have somebody else in a second set of eyes looking at that contract when it comes back to you. But remember, in the preamble of state law, in the Florida Constitution, and in your own city charter, the preamble states that all of the power of the city government is granted to the city commission. And then there you make the two appointments. Thank you. Thank you. Next speaker. Cindy Falcadee-Karada, I did want to make it clear that we are not a strong mayoral government here. And in my understanding as the title of mayor, your vote is as a commissioners vote. You don't have a hierarchy here. There's no hierarchy. I do want to understand what the city manager's position is because to my understanding, if he's supposed to manage the city, how is he to do that with his hands tied? Now I do believe in, you know, again, you having an input in that because you do represent the people, but how is a city manager? I mean, I'm thinking, what is a city manager? If he can't do his job and he's not allowed to do that, but yet he's gonna be held accountable because he's a city manager, what do we have a city manager for? And what are we paying for? Well, because he's supposed to have a position to have certain authorities to do certain things. Now, I always believe things in two, you know, so if the city manager and maybe a commissioner make yourself available when he needs something done, he, his job is to manage this city. And it feels like you guys have cut him off that he can't even function. It's just not right, Period, end of story. And we are not a strong mayorship. And we will never be a strong mayorship for that gentleman who just came up here, who's running for mayor. We're not going to give that to you either. Thank you. Oh, oh, oh. So, all right, is there anyone else in the audience who would like to speak on this item? I'm looking for a motion to approve this item. I'm seeing no one else and I see no one online with that public comments on this item is now closed. May the motion to approve proposed ordinance number 24-012. I'm looking for a motion to approve this item. Was that a smooth move? Yeah. Is there a second to approving this item? So folks, I do want to encourage you to all support this this modifies There's not a second the motion fails Let me just finish my comments. We know how this operates. Let me just clarify to my colleagues This item has been amended it says here for employment related contracts Which he already does have the authority this which is codified by ordinance. I thought we were on the same page on this, but again. Isn't that the direction that we got last commission meeting? Precisely, to modify it and only allow this particular item that is an understanding from our last commission meeting. So motion to approve. So we have a motion here. Is there a second on this item last call for a second? All right hearing no second this motion dies for lack of second. Okay. All right, so we're gonna continue to the next item. This is item 8D proposed ordinance number 24-012 another second reading ordinance. Let me turn to the city clerk for the official reading. Proposed ordinance number 24 dash zero one seven second reading and ordinance of the city commission of the city of Boiton Beach Florida. Amending the city of Boiton Beach as code of ordinances chapter 15 offenses miscellaneous article nine community appearance and maintenance. Section 15 dash 120 minimum standards for appearance and maintenance of 15-120 minimum standards for appearance and maintenance of public property and private property providing for complex severability codification and providing for an effect of date. All right, thank you. Mr. Good evening, Mayor, vice mayor commissioners. I don't know if you want a presentation. It's the same one. I did make the change to the grass that nine inches. That's the only update that was made. Oh, there's a fire alarm for a second. It is an amber alert. All right. Well, Estonia, if you could please continue. If you guys want to see the presentation again, or the change was the went from six inches to nine inches in the right. Was it the only change to it? Yes. Okay. With that, are there any requests for my colleagues to go through it again? I don't need to go through the presentation again. All right. Thank you so much. All right, thank you so much. All right, so let's turn out a public audience on the side of public comment. If you would like to speak specifically for ordinance number 24-017, now is the time to approach the podium. Susan Oyer, Boiton Beach, Florida. You guys are getting me a lot tonight. I'm going to say that I take issue with the whole car port issue in code. I mean I'm still hearing from people around bointin that are irritated that they are being picked upon for their carport problem. And I know what code is, but I will say the average person can't afford to switch their carport to a garage, which of course we know would drastically increase the value of their home because a garage is worth more than a bedroom at this point in Boynton Beach. But picking on people for having a box or having shelving in their car port is wrong. I mean, isn't that part of what the place is for is for storage. And you're citing people for having shelving in their car port. You're citing people for having a box sitting in their car port. It's their car port, they can do what they want. I get it if the stuff is spilling out of the car port and it's going on the side, it's going in the driveway. Then I could see where that would be worth citing people over, but letting, let people have their car ports and do what they want to with them. You, they aren't going after people who make them into separate rooms with chairs and tables. They're not doing that. They're not going after people who are using them for gymnasiums and putting exercise equipment in, but they're going after you for having a box and for having shelving. That's out of control. So I would say, please make sure you're looking at that when you're putting forth this final version that you know you acknowledge the fact that a very large percentage of people in point and beach havoc are port and and this needs to properly address that and um thank you. All right thank you. Next speaker Cindy Falco de Carrotto I want to say public part of me private property is private property. They have the promoters of what they purchase property from the front yard to the backyard and the side to side that is private property. Nobody has the right to say anything on private property. It's not a HOA. We live in a free country, supposedly, and we know that's not true, but we're still working on that. Okay? And so let's respect people's boundaries. Let's respect the private property owner. And on this note, as I just said to you, the alleyway which is owned by the city of Boyton Beach is a disgrace. Who charges who for that? And what does that get rectified? We're talking about beautification. It's disgusting. There could be people stealing and putting stuff in the high grass. There's six seven foot high tall grass behind our alleyway in the one next door. And I call twice. And I've called and left my name. I told them where it's at. No one's gotten back with me. No one's moat it. No one's even looked at it, it could become rats, problems, raccoons, who knows what could happen. And so who gives the city code enforcement, which is public property, which should be taken care of. And as I stated before, I shouldn't have to make the phone calls. It should be on a regular system that's such every two weeks they come out and they mow these alleyways. The beast of the burden shouldn't be on me. And again, leave people's private property private. We don't live in a HOA, thank you. All right, thank you, last call, seeing no one else approaching the podium. And seeing no one online, public comments on this item is now closed. May have a motion to approve this proposed resolution number 24-017. Before you make the motion. Go ahead, if you have more comments. I guess I'm supposed to. Okay. you make the motion. Go ahead, if you have more comments. I do have a hot for what has been said by the public on this particular item. I have a situation right across from my house where the person has a boat and he had it parked on the side out of the way he was on the side, but he had some stuff in the car port. But he was made to bring that boat and put it in the driveway. OK? And now, to me, it's a terrible appearance of having that boat. In the drive bridge, like I did, it was much better where it was. Not out of sight, but it was neat like them inside the wall. But all of a sudden now, we, the city, made him drag it out into his circular driveway. And every time I back out of pull in and look over there I see this boat and it's ugly and I'm just wondering what what what are we doing the other piece of that is number two is that and I'm talking here okay is that we don't we're not consistent across the board. Okay. I don't want to get into personality thing here, but I notice from the calls that I've gotten and the visits that I've made to owners' properties that there's a consistent and consistent on what we're doing because this thing we're here is garage look like hell and over here it's really neat but they still get a violation and it doesn't add up. So I think we need to look hard at what we're doing here and be consistent across the board and get some clarity because I certainly, as a neighbor, I want that guy that lived across for me, put that boat back way ahead. So I don't know where to go from here with this. I think we need some old views and talks on this, unless Adam or you can help me out here. So. Well, just so I can clarify, the boat, the recreation of vehicles, that's a completely different ordinance, is not part of this one. And then the... Just asking me one question. That boat has been there. He takes it out here and there. For over 20 years and it's never been a problem. Why is it a problem now? Sometimes you get a new code officer and they see things differently and sometimes, you know, old code officers don't see the same exact violations or maybe they're looking at some of the divots like you said consistency. So it's something I'm trying to work with in the department and with a half my staff being new, which is why we're probably having a lot of people come up here is because we're starting to site trying to site more consistently all the ordinances and all the codes not just selective ones. So sometimes it might be feeling that way right now. But like the stuff in the garage and not the garage, but in the car ports that has always been in the ordinance, all I'm doing is clarifying that. So that's, and again, we have to be consistent, like you said. Now, growing back to the car port, are we saying that the only thing that's allowed in the car port is a car? Yes. Not a table, not a chair, not a piece of furniture. We're saying that the only thing that's allowed in the car port is a car Yes, not a table not a chair not a piece of furniture Yes carport is for a car again We don't go as hard as every little thing if there's like a small storage thing in there, you know small Small crate, you know, we don't really go for those It's more like said the big mess ones that you know that we don't really go for those. It's more like said, the big mess ones that, you know, that have a ton of asa storage. But if you take that away from the code completely, then we can't enforce anything inside of a carport. And then you're left with exactly that, a large pile of trash inside carports. So it's not good to remove it from a code, but ensure I have to ensure my staff is enforcing it equally. I still have a problem with the enforcement piece of it. And I need to talk right now. I can't support this right now. Commissioner Tricken? No, I agree. I think, you know, what it's called, it's called selective enforcement. You know, we see that all the time. And, you know, with the, with the car port, there's a lot of car ports that have been converted in additional bedrooms that I know don't have permits. Right? And they're not getting nixed from code. maybe not all the time, maybe sometimes, but I think as far as the carport thing goes, there should be a percentage of the carport where I have a carport. I keep my truck in it. So I can say I keep my truck in it, but I also keep a shelf in there. Am I wrong or am I right? So because I'm technically on the phone in the code, but I don't have a large house, and I utilize that space. So I think there needs to be a happy median for maybe looking at a percentage of that car port to be used and then that mitigates the problem of trash. You know, because we definitely don't want bundles and bundles of trash in our car ports. But yeah, I definitely agree with Commissioner Hay on this one and respect the car port. You know, maybe need to take a look at this thing again and revisit. But for the trees, the trimming of the trees, this came up because there's a lot of issues in Chapel Hill, a lot of families in there. And the neighbors are concerned about those trees whacking the panel lines and creating a dangerous situation for the kids. Can I just, so the 10 foot from the canopy? Can I get some clarity on that? Or I think it says 10 foot from the tree. Right, so the canopy has to be 10 feet from the power lines itself. Over it. Under. Under it. We're talking about ones overhead power lines, so the tree has to be 10 feet under. So you're supposed to plant the right tree to begin with in order for you to meet that. But like we said right now, we're bringing that into a city who's never had that ordinance. So you're going to have lots of people that's violating the ordinance. But that's the only way to start and we would have to educate and get homeowners to understand that these trees are actually endangering themselves but yeah so they would have to be under and FPNL has a rule of also 15 feet away the other direction. From the trees. They have a power lines in forest park that dip down almost to the fence line. So I mean I see it everywhere. So at that point I, I'm not going to touch that power line. And now there's that neighbor, you know, and so, I mean, we all know how hard it is to get FPL out. I mean, it took him three weeks, just to change the lights on my street. And so. Well, the only way to out it in ordinance is to put stipulations in there. Can we change the amount, the length? That goes by the standards of the, I can remove the verbiage from there, but there's still standards that it's 10 feet away, is safety, is the 10 feet away. Yeah, because like my intention is to make sure that obviously we're all holding ourselves accountable to make sure an accident doesn't happen, right? I think everyone here can agree we don't want accidents to happen, we want to do what we can to promote safety in the community, but at the same time, I don't want residents to get nicked. And, you know, I mean, heck, I'm thinking, I need to- So we can remove the 10. I think I need to go trim some trees right now. We can remove the 10. I can remove that verbiage, but it's still, if there's a tree, if a resident has a tree touching the power lines, or it's so close, then they're in almost the same exact situation. They have to probably remove the tree, or hire a landscaper to trim the tree. That agree with right I think if it's touching you know maybe a foot or two I get it but 10 feet I mean that's a good bit I mean you're gonna have a lot of people getting rid of their trees or we can revert but also feel like newly kind of to trees ensure that you know they are follow the guidelines or newly planted trees so then how do you take the newly planted versus you know when we get us to the arborist., I was gonna say we need an arborist to make that determination on a code officer, right? I mean, to make a, I guess a legal observation of that, you know. Yeah, I would like to remove the 10 foot portion and I think encroaching would be, I think, more of the concern. That's my opinion, obviously. it's up to the board. Thank you, Commissioner Truggan. Let's turn to Vice Mayor Kelly who's been waiting patiently. Thank you. Commissioner Truggan, my only concern and not to have debate necessarily back and forth, but my only concern with that is then we're now then opening up who's going to patrol that and who's going to decide what's too close, what's not too close, I think that we have to have a number my concern with this is that I mean my understanding is this would go into effect Immediately and I my issue comes with residents who immediately become in violation of this new ordinance and What is what is then our notice period? What is going to be our grace period? Because what I don't want to see is that this goes into effect and then we have residents coming to us because I know it's going to happen. We're going to have residents and I'm going to say, I've had these trees for 20 years and I've never had an issue. You create this ordinance and now I have to have, it cut down by a tree trimmer and it's gonna cost me thousands of dollars depending on the trees and how many and what you're talking about, but to clean out a whole area that's because it's encroaching on power lines, we then run into an issue where now we're creating a financial burden to residents and I understand we need to do this. I understand the purpose of it. I mean, a long Congress avenue, I talk to staff about it today, a long Congress avenue. Trees are literally growing around the power lines. So we know it's necessary. But my fear is that we just immediately start this and now we're in a mess because now we're we're gonna be on the side of having to You know to having code beyond the side of causing you know financial issues and burdens to the residents So what is our what's your rollout plan? you know to the residents. So what is your rollout plan for this to be rolled out so that we are not creating that burden? Because we know, I mean, we're talking about this for a reason because there's an issue. Right, correct. There's going to have to be an education period and there's going to have to be a period where we go door and hang, give door hangers, give notes out, put it on Facebook, put it on Instagram, educate the public on what's to come and not we won't be able to cite, we won't cite for it. Just like we did with kind of the short term rentals, give that grace period allow people to save up money to term the trees where they know that it's touching a power line or they have outages. You know and they also they still can call if you know about FPNL it takes a long time to get out there or they can hire their own tree trimmer but it's gonna have to be an education period and it could be six months it could be a year if that's what it takes to get the word out because there are a lot of overgrown, overgrown, will be considered with this update. But it is necessary. I agree it's necessary. That's my concern though, is that now we're then putting this burden on residents. You know, we're sitting here talking about budget and taxes and all that. And now we're creating an ordinance that for, you know, some residents, I won't say many, but some residents, it's going to create a financial burden to them. So I want to know, and maybe even before this passes so that we know what the plan is, but I want to know what the plan is moving forward. How are we going to implement this? What is the period going to be? And what are options for residents who can't afford to have, you know, what's the city going to do to assist the residents in making sure that they can get to the point of compliance? Because what I don't want to run into is we just continue to code them and violate them and violate them and violate them and now they have a huge violation bill and the trees are still not trimmed and we're just thinking you're going well that's the law and so it's on you so that's my those are my thoughts on that I would rather see this get tabled and have a plan in place before we put this into place. And then we can address the carport issue. Maybe that ordinance needs to come back before us so we can look at it and really evaluate what it needs to be. So and I, you know, thank you Candace for making sure that you're, I know you have new staff, I know you're working hard to get them trained. But just like the other, my colleagues, you know, it is about consistency and making sure that we're being consistent. And, you know, we don't know, though, if one neighbor was given a violation and the other one wasn't, because the one just goes out and pressure-wash to the driveway and they pay the fine or whatever it is. So we also have to be mindful that there may be people that are getting called violations that are just not vocal about it too. Maybe lean. All right. Right. So. Thank you, Vice Mayor. I did see that the City of Managers hand was up, City of Manager. I think we got consistent or a consensus that we need to go back and take a look at some of the things and maybe table this item, like Commissioner Kelly suggested with some of the information commissioner, hey commissioner Turk and it brought up so if you, if Commissioner Cruz and you were okay with that mayor will just have no objection. We'll look at the, we'll look at the item and then we'll bring it back and get some further input from you guys. Okay. Thank you. All right, thank you. Miss Stone, Jevvonnie, last words, or that was, that was it? Okay. last words or that was it. Do you want to table it to the 15th of October 15th? You made the motion commissioner. Yeah. Bring us back what we ask. Good. Okay. All right. The motion is the table to the 15th meeting. Yes. October 15th. And is that a second from Commissioner Hay? All right. All those in favor of table in this item to the October 15th meeting say aye. Aye. Anyone opposed? Motion passes unanimously. This item has been tabled. We're going to move on to the next item here. This is proposed ordinance number 24-019. It's a second reading. Maley, if you could read it into the record. Proposed ordinance number 24-019. Second reading, an ordinance of the City Commission of the City of Bump Boit and Beach, Florida. I'm ending part two of the co-ordinates of chapter 26 water sewer and city utilities to provide that all water, sewer and city utility fees, rates and charges shall be set by the city commission by resolution and authorizing the annual CPI adjustment providing for complex, availability, codification and effective date. All right, thank you, Maley. Let me turn out to my colleagues if they have any questions for staff on this item. Now is the time to make it known. Seeing no one raising their hands, let me turn now to public audience on this item. If you have specific comments regarding this particular ordinance, now is the time to approach the podium. Let me switch the timer. Alka de Carrotta, I would just like to have more clarification. Is this what we are being assessed for as well on our utilities under the assessment, we are being assessed for what for utilities also? Is this part of that? I'm trying to comprehend what this portion is about. I thought utility fees and things like that were usage. I didn't think it was up to you guys to make up a number. I thought you know our water and everything else is on a meter and so we get charged for what we use. So in my midst understanding this it doesn't make sense to me and I would like some more clarification. Thank you. Thank you. Is there anyone else who would like to approach the podium? Last call. All right. I see one more person coming up. Sorry. Don't put some interesting things on one agenda. Susan Oyer, Boynton Beach. So like Cindy, is this a cost of living adjustment? 3% that's being added to our water and sewage fees every year. On top of all the fees we already pay. I mean, I use very, very little water. I'm one person and I'm eco-crazy. Don't even have grass in the yard. And I still have to pay like $72, $75 a month. And I use half of what everyone else uses. And now you want to raise it another 3% because I didn't complain about raising it a couple bucks this year. You'll recall I said, have one less Starbucks and let's pay for this and Commissioner Cruz argue against me, but that's okay. But if you're trying to do a 3% cost of living adjustment every single year, raising this 3% every year, then I think we've really moved into an area where you're wrong. So please stop and think about this. It really needs to be usage. And we really should be encouraging less usage, not going crazy here, charging the heck out of everyone. Thank you. Thank you. Next speaker? Say your name for the record. That's the hey against, because I'm not understanding any of all of this increase, increase, increase. I'm hoping y'all don't keep passing all these ordinance so whatever y'all call them, because it may not look to be a little quarter, a dime here for you guys, maybe because of what y'all make, but according to what I make, everything, every little thing from the utilities, it was lights, it was water, you know, everything, it keeps going up and those nickels and dimes, that it hurts me. It might not hurt anybody else, but it hurts me. So I'm not on a budget, and my heart goes out to the senior citizens because I work for gold, them. I do work for senior citizens, and I know I don't make a lot. And the type of work I do, I can't listen what I do just because of what I make. I heard about the budget. I hear this big number, and I would like to know what you guys are going to do with all this money. I'm hoping that it's going to help me, the citizens of Boynton Beach. I'm hoping that it's going to help all of us. So sitting here, I mean, you're talking so fast, I'm trying to understand some of it, because I don't understand all of it. I'm glad I have some representatives that knows what y'all are talking about. And I'm listening to them also. Some things I agree with them with and some things, you know, I don't. I mean, the 145 is neither here nor there. I mean, I'm glad with senior citizens do want you to get to them, but they should, because they're old, and you know, maybe they can't get around, but I still don't see why the senior citizens. I think we should cut it off when it comes to senior citizens, myself, because filling out papers, when you get all, you don't want to do all that, and try to, at least I don't, if I live to see the age, I don't want to have to sign something saying why I qualify for this. Making an age limit or something. When these people start working and living on a budget, you can't keep going up, going up. You know, I can take a love of the flag because I'm still working, but when I get older, I don't want this cost to keep going up. I would like to have my soda and chips, because see, I might can't afford a caviar, but taking a little soda as a chips, I don't mind, you know? And I think if I work, I've been on my job for 30 years, if I work for these pennies all these years, I deserve sodas and chips. Thank you. Anyone else would like to approach the podium? Seeing no one else, and I see no one else online, public comments in this item is now closed. If there's any other questions or comments for my colleagues, let's entertain a motion to approve this item. Yeah, the only comment regarding this, and I made the comment also during the agenda review, but it's where I think it removes a one level of accountability to change this to be a resolution versus an ordinance because it could be put on the consent agenda and then we're not letting the public know, hey, there could be or there's going to be a three and a half increase every year, unless you know unless the commission strikes it down. And in order for the commission to strike it down, it would need to be pulled from consent. Unless maybe we require that there'll be placed in a different place in the agenda. I'm sorry, I just need clarification for myself and the clerk. I thought we were on item E, which is relating to the fire fighter pension? No. I'm sorry. You're right. I have the old. Okay. I was. Thank you. Sorry, I have my old agenda. Thank you for the clarification. No, and reference to what you said, Commissioner Cruz. If you guys want to find another spot to put it on the agenda, staff is open to do that. Whatever the body would like at the same time. I know we pulled the one item tonight and we obviously chose a table it. But whatever. I'm sorry, this is an ordinance. It has to go here. So all we're doing is passing the ordinance and in the future it only allows a resolution for the rate changes instead of an ordinance. But that can be put on. And those yes that can be that can be placed on public hearing cracked. I thought you're referring to this particular item. So I was referring to in the future as it increases by 3.5% unless the commission at that point whoever's here strikes it down. So you want to have that put on public hearing as opposed to consent. And require public notice I think it was kind of well we're getting that right? Yes I 100% have to require the public notice because what it looks like the optics of it right is oh they're just going to be able to say yes and then there's a 3.5 increase and to require the public notice. Because what it looks like, the optics of it, right, is, oh, they're just gonna be able to say yes, and then there's a three and a half increase, and we didn't know, right? 90% of residents are busy, they work, you know, they have families, they don't, and at the time do their due diligence. So I think vote for representation to do that due diligence, and so I think requiring that public notice into this, I could support. Just for clarification, the only reason that 3.5% is here is because we've had such wild swings in our inflation for the last two or three years. And it's not an automatic that prices are going to go up 3.5%. It's just like our fire contracts that we just renegotiated. Every single contract the city has. Unfortunately it didn't have it in the past, but you have to account for present and future values of money and every year your dollar gets less and less value. Every single year, so if inflation runs to 9%, and we have essentially your dollars worth that much less. And that cost gets passed on to the city because we have private vendors that we actually have to do business with to provide water sewer stormwater services to the city. So that's essentially what this is a can. I can tell you right now if inflation isn't going up 3.5% is no one's intention on this dius to raise those prices at that point. Right, I think the conversation is what this is doing is eliminating the two public hearings as an ordinance and so what could happen say in the future beyond this commission is you could have a commission that could just vote yes in a consent agenda item and we don't want to do that. We want completely supportive of that. Good evening Mayor. Commissioner's Vice Mayor. Sorry. I didn't mean to interrupt. I just wanted to point one thing. I'm just going to point one thing. I'm going to point one thing. I'm going to point one thing. I'm going to point one thing. I'm going to point one thing. I'm going to of that. Good evening, Mayor. Commissioner's Vice Mayor, sorry. I didn't mean to interrupt. Just wanted to point one thing out that we are required to do public notification for any increases and we have to show that clearly what the increases. So that's a requirement. And this is just to make sure that we don't have to change the ordinance for every single fee that might need changing in a couple of years or not changing whether it's up or down. So that's why we are saying that bring it out. So actually you are able to see it more clearly in a resolution because we will pull out all the, every year you will see all the fee. When it's in the ordinance of fees and the ordinance you don't see them every year. You don't know what the fee is. So this is actually going to show it to you. But any changes or any increases or decreases or whatever we're doing with the utility fee and rates, we have to bring, we have to send public notification to all utility customers. Is that like a 30-day notification? Yes, it is. Thank you. Sorry. So I would allow for up to a 3.5% increase but it's not necessarily going to be 3.5 depending on every year what the cost is to the city and the city is going to work tirelessly to make sure that that number stays as low as possible. Correct. And it's still the commission's decision. We'll just bring it based on what's needed. Bunk stops here. All right. Is there anything else for my colleagues? All right. If there is anyone who'd like to make a motion. Motion to approve ordinance number 24-019. And is there a second The second is the second. The second is the second. The second is the second. The second is the second. The second is the second. The second is the second. The second is the second. The second is the second. The second is the second. The second is the second. The second is the second. The second Kelly. Yes. Mayor Pensarga. Yes. In a roll call vote the motion passed unanimously. Thank you. We're going to move on to item 8F. There are two related items to 8F and Councillor Chlitch want to confirm with you is that all right if we have one public comment for these two highly related items, or would you prefer them to be separate? No. public comment but we do need to swear and witnesses and any exparte disclosures need to be made at this time with regard to this specific item. I mean you got to read the little chat in your book. Yeah, absolutely. Please begin. Anyone that is here to speak on item 8F please stand up and raise your right hand. Do you swear from that the evidence you are about to give will be the truth the whole truth and nothing but the truth. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. the . . . . . . . . . . . . . . go ahead and read the item. Okay, so it's proposed resolution number R24-221. Adopt the final mill- oh, I'm so sorry. Hold on a second. Let me go down to the room. The development order. Approved development order requests for a major site plan modification application for the Hazel Hester Junior community park to construct a 17,500 square foot Aeronazium over the existing basketball court. Mayor Vice Mayor Commissioner Kevin Ramsey, Public Works Director, and to my right is Hall Feminti, Director of the vision director of Public Construction Services Public Works. Okay, so we'll come. Wait, we need to do disclosures, please. Who has the sheet? Could somebody begin? This matter I have not had x-part communications with anybody, I have not received any written communications regarding this matter, I have not conducted investigation, I have not made a site visit, I have not received expert opinions regarding this request that these disclosures and all written communications be made part of the record. I have not had any expert communication. I have not received any written communication. I have not made a site visit. I have not received expert opinion except staff or request that an investigation. I have not made a site visit. I have not received expert opinions outside of the city's staff. I request that these disclosures and all written communications be made part of the record vice mayor. Thank you, mayor. As to this matter, I have not had to ex-partake communications. I have not received written communications. I have not conducted an investigation. I have not made a site visit. I have not received expert opinions. I request that these disclosures and all written communications be made part of the record. Thank you. As to the matter, I have not had expert communications. I have not received written communications. I have not conducted an investigation. I have not made a site visit. I have not received expert opinions other than staff. I request that these disclosures and all written communications be made part of the record. Thank you. Staff, if you'd like to begin. Sure. Okay, so good evening, Mayor, Vice Mayor and Commission. We'd like to come before you this evening to request approval for a major site plan modification and for what? Well, basically it's for an Aeronasium. It's part of the Hester Sports Complex. Everybody in the stream should be familiar by now with what we're doing over there. Constructing a premier sports facility for the city of Boing Beach. So what is an Aeronasium? An Aeronasium is an open air structure, a clear spanish structure that's going to cover the two basketball courts that are there. Basically it's approximately a 17,500 square foot. It includes lights, solar lighting. It's slightly going a little crazy there. So the benefit, so basically what's going to happen is it's going to provide year-round comfort for them for the people that are using the facility It'll be a large area for low maintenance. It's a durable structure. It's ideal for sports facilities and community gatherings Could we go back to the previous slide please? I wasn't quite finished there Okay finish there. You didn't mean my clickers. OK. And basically, the option it also has an option to add solar panels in the future to a manager of course. OK. Basically, the site improvements for this project will involve resurfacing the basketball courts. We will construct a new clear span structure. And we resurface the existing basketball courts. We will replace the signage on the building, basically on the exterior of the building, with the park name. And there'll be additional sight lighting up under the facility as well with circular high I'm sorry. I'm having some difficulty seeing the seeing the graphics there But basically the project scope involves constructing the the estimated costs are 1.7 million dollars Grand funding is to be determined it's actually a CBDG grant and the project timeline anticipated to start up in October of 24 and completion June of 25. And in conclusion, basically we'd like to put this facility to use for the public. Part of this for a second. I'll just be in the focus and. Okay, I got. Okay, so the new air and asian will actually be a nice. Of facility provide year round gathering place will be ideal for sports events and community gatherings. That's all. Thank you. Any questions? Thank you to both of you. Vice Mayor Kelly. See your hands up. And then thank you, Mayor. Let's go vice mayor. Is it urgent? We'll go to vice mayor first and we'll go to say no, I just wanted to say I know this project. Mayor was your idea. It's a long time coming. And I understand you probably wanted to done a couple of months ago, but I just wanted to obviously say that we worked pretty diligently to make sure it was done. And I know I just wanted to make sure that you understood that we did push through and try to get this accomplished. So. Thank you, I appreciate that. And on that note, I just want to remind everybody the original reason for this was for solar panels. I had seen the calculations that were done and the return on investment was significant. I would have essentially paid itself in a few years and technology gets better every year. And I know there were some issues with putting it on the roof and so they said, could we have an alternate location? And so that came up with the Aernasia. Right? Great job. All right. Thank you. Nice. Vice Mayor. Thank you. My question actually, mayor is kind of along those lines. I know I asked staff, what is our plan moving forward with adding solar or you know finding a solar vendor to add that because what I don't want to happen is we put this up and then we forget about the solar and it doesn't happen and so I really want to know what our plan is because, like the mayor said, that was kind of the point of this, was to find a place where we could incorporate solar. And solar is very popular. And I think that, I think, usually if we're smart about it and we're find a partnership with someone, we could probably get a done sooner than we think, but what is the plan moving forward with adding solar to this facility? Okay, the design of this was to, we took the solar panels that were to go onto the Hester Center, and we used that way to engineer this structure. Okay, with ESO Hester being developed phase 1A, almost finished in phase 2, the thought process was now we have a roof that can triple the size that we're going to put in the Hester, right? So we have more solar panels. So that in turn could actually run all the power of the entire parking lot. And I'll set some of the power of the fields. So moving forward, first step, let's get this there nasium up, so we have the structure there. Part of the design has the power that has the capabilities of expanding from new into phase two. So at that point, we're still modifying that design of the whole site, phase one B, and even the area where it's at right now. So step one is to get this, yes, so there still much, very much in the crosshairs to do this project. As it develops and expands, it's going to be incorporated inside that design of the parking lot and everything else that's there at the sports lighting and what not we have. Okay. That's an idea. So you think once we get going, you'll have a better idea of what the plan is for solar. Okay. Thank you. Thank you. Any other questions from my colleagues? Staff? Kevin Ramsey. Okay. Carl Fremanty. She asked for it. I mean, I said it was before. Thank you so much. Thank you. With that, we'll turn to public comment on these two related items. This is item 8F. Let me switch to the timer. This is Cindy Galgady Carrado. How just a thought on the solar panels? How does it hold up in the hurricanes? What kind of damages are going to call? What is the density? Are we creating more problems because you know we do live in a hurricane area? And was that thought about when putting this project together? Thank you. Thank you. Anyone else on these items? Seeing no one in the chambers and seeing no one online? Public comments on these items are now closed. With that, I'll entertain a motion. There's two separate items here. So the first one would be to approve the development order request for major site plan modification, application for the Zellhacer Junior Community Park. That's the first one. We have a motion from Commissioner Cruz and a second from Commissioner Haye. All those in favor of the motion to approve say aye. Aye. Aye. Anyone opposed? Motion passes unanimously. The second related item here is the approved the development order for major site plan modification for the Zellhastra Junior Community Park to construct a 15,000 square foot aeronautism over the existing basketball court made the motion to approve. Motion to approve. Motion to approve. We have a motion here from Vice Mayor Kelly, a second from Commissioner A. All those in favor of the motion say aye. Aye. Anyone opposed? Motion passes unanimously. Now we've concluded item 8f. We are now moving on to section 9. City manager's report, City manager, please begin. Thank you, Mayor. This is in reference to an update for our future agenda items. What I really wanted to highlight is items H, I, J, and K. Unless the commission has a specific ask or request, I can have that particular staff member come up. And we can actually entertain any sort of questions from the body as a whole. I guess do you guys want to go over any of your specific items that already have a date certain that are going to go forward for discussion? As for me, I know you said items H, I, J and K. Correct. The way it's written, it sounds like they're one-on-one meetings. I'm going to stick with that. That's fine with me. To have one-on-one meeting to have those discussions in detail. Right. But if there's anything else you guys would like to discuss yeah absolutely for me item I Did have a discussion this week with staff And that's with assistant city manager Adam Temple Adam Do you want to go in any detail as far as I was a can we did it get a date certain that we get enough information? Basically we we had a meeting and what we going to try to do is have a meeting with with community stakeholders to give to get feedback as to what they want to see and then we can work on the actual ordinances and then go from there but yes after I see there's a note from 9.9. We did have a meeting this week was at 20. 21. It was on Friday. On Friday. So we just wanted to get that update. I believe there's an amendment to the flood ordinance that's supposed to be coming on October 1. Should I hold that pending? No. Okay. No, we're going to maybe have that printed out and then talk about it during that community stakeholder meeting. And before I'll have her one now. No, I think we can move forward with that on the commission side and then we're looking more like the. Development and engineering side for our local residents. I just want to make sure I didn't bring something forward twice. Thank you. Thank you for looking out. Were there any other questions or comments on any of these items? Anything that could help with the city manager? I like this format. It's good. It's all deputy city manager Andrew Mack. His idea, his format. Thanks Andrew. Mayor. Yes. On my item on K, I spoke to Andrew and you and I will connect with Melee to discuss what she's going to review how the advisory board ordinance changed and if there's anything that we need to circle back on that needs some clarification then we're going to discuss it so it doesn't have a date certain yet. Thank you. Question. If I wanted to have a discussion on establishing and actually like construction, constructing the passive park at leisure bill, do I need to add that to a future agenda? Or is that administrative under the $200,000 threshold? It depends on the amount of money, obviously it's new construction, and we would have to obviously do it in a value way. We potentially it could be administrative, but we would need to have a one-on-one meeting with you and see what the costs are gonna be. So we can use our architect, I'm pretty sure Anderson, most likely handle a mockup or something. Okay, yeah, I would appreciate that. Maybe staff can reach out to me with that. I don't think it'll cost much money at all. I think it's gonna be just trying to keep the landscaping and keeping everything passive. And then I would have a meeting with my constituents to see what they wanna see, but I don't think it'll cost a lot of money. Okay, just let me know anything else, my colleagues, going once, going twice. All right, thank you so much everybody. We're going to keep going forward. Now we're Section 10, regular agenda. The first item under Section 10 is proposed resolution number R24-223, ratification of the fiscal year 2425 CRA budget. So, if anybody had any public comments or resolution, it would have happened during regular audience. So, you can just make a vote on it. Okay. Were there any comments from my colleagues or anything else? Otherwise, I'll just entertain a motion to approve. Motion came from Commissioner Turkin. Second came from Commissioner Hay. All those in favor are ratifying that fiscal year 24, 24, 24, 24, Otherwise, I'll retain a motion to approve. Motion came from Commissioner Turkin. Second came from Commissioner Hay. All those in favor are ratifying that fiscal year 2425, CRA budgets say aye. Aye. Aye. Aye. Anyone opposed? Motion passes unanimously. OK. Item 10b, discussion and review of draft cleanliness plan. This was an item that I had requested. Thank you so much, staff, for your work on this. Mayor. and item that I had requested. Thank you so much staff for your work on this. Mayor, Vice Mayor, Kevin Ramsey, Public Works Director. Annelie Holmes, Deputy Director of Public Works. This evening we'll be providing an update on the Clean City Action Plan. There are other departments that will also be joining us here. I'll be providing the update on the public works portion. Under public works we have the items that fall on the public works are streets and beautification division, the sidewalk pressure, washing, adopter road program, street sweeping, right of way appearance, coordination, and the bus stop condition assessment. The first item streets and beautification division will be responsible for contract management for street sweeping, right of way landscape maintenance, repair and maintenance of city wide sidewalks and streets, public, soil, tree trimming, and maintaining tree canopy. This will be a new division that's going to be combined with the already existing street division. Street Division. October 6th we'll be recruiting for a division director for the beautification department with four employees. The second item is the sidewalk pressure washing. An invitation to bid was published on August 27 to solicit bids to pressure wash all sidewalks on the major corridors, biennially. And these major corridors are Congress Avenue, Secrece Boulevard, Federal Highway, Lawrence Road from Haipaloxo south to gateway Gateway Boulevard point beach Boulevard and Woolbright road a meeting with the local vendors was held on August 28th, 2024 at 3 p.m By Kevin where he provided them with information on the areas that we'll be concentrating on and give them more information about the project. The vendors were provided with the location of the sidewalks, square footage, and we did an inventory of the sidewalks, the north and south roads. There's 924,528 square feet and the east and west roads there is 479,952 square feet. The third item is an item that was presented before the Adopter Road Program. So the Adopter Road Program was created and presented to the Commission on July 16, 2024. We are currently working with IT on getting the application and payment process for the website automated. We are trying to work out a few kinks. Next, we will be uploading the web page that provides a link for the application and payment. We're trying to see if we can automate this process as much as possible. We're also coordinating with the marketing department to promote this program. We have a meeting with marketing this week and we are hoping to launch to go live October 1st, 2024. Hopefully we'll be able to work out everything with the website. If not, we will be able to accept applications via email. So we'll still be live. Just a reminder, the initial fee is $250 and that $250 includes the first year. And one sign will, and the price of one sign, which will be waived. There will be a fee of $100 for each additional year and there will be a charge of $100 for each additional sign. Our next item is street sweeping. This city spends $160,000 and $36 annually on street sweeping. Street sweepers remove an average of 12,332 pounds of debris each month, which equates to 147,984 pounds or 73.99 tons annually. As we have established routes and 130 miles are swept on a weekly basis. So we looked into possible options to expand services and tried to delve into what that would look like. And we thought alternating routes would be a good idea. The first week of the month, we'd perform normal routes and the next slide has a picture of the routes. The second week of the month we'd perform 130 miles of only neighborhood sweeping. The third week of the month we'd perform normal routes as attached again the next slide and the fourth week of the month we'd perform 130 miles of only neighborhood sweeping. And that's a copy of the routes. I know it's not easy to see. Our next item is a right of way appearance coordination. The street's and beautification division will inspect sidewalks. We already do. We inspect the street signage, ADA transition of sidewalks along FDOT and PBC roads. Following each inspection, we'll submit a report detailing the findings and these will be submitted to both FDOT and Palm Beach County to request repairs being made to the areas noted in the report. And the last item for public works is the bus stop condition assessment. Palm Trin is currently conducting a bus stop condition assessment. The project is ongoing, they weren't able to provide us with a date of completion, but what they did provide us with some information, which is that on August 30th, they had an item that went before their Board of County Commissioners to approve contracts to allow construction to begin on prioritized bus stops. There are 10 bus stops in Boynton Beach that were on that list. Nine, actually were for new bus stops and one was to replace the bus stop. I have a list here and they're pretty much on federal highway. The replacement will be on federal highway at Boynton Beach Boulevard. And the new ones will be on federal at 2-1 Minor Road, one on Gateway Boulevard, two at North, no, sorry, one at Northeast 15th place, the other at Northeast 15th Avenue, one at federal and boulevard, federal and boulevard, then we have two on military at Boyton Beach Boulevard. Next we will have community standards provided an update on their items and after everyone presents then we'll take whatever questions you might have. Vice Mayor go ahead. I know that I'm wondering if I can ask a quick sweet been question since we're before we transition to something else if that's okay with my colleagues. I noticed when I was looking at the map you don't necessarily need to go back to the map but and minor road it's a county road but it's horrible. And so if we're talking about beautification, and we're talking about, you know, we talked at nauseam about sidewalks and how we can maintain and take care of the sidewalks on county roads. But what can we do on Minor Road as far as street sweeping when it's, I mean, it's technically not our road, but it's, I mean, that's one of our thoroughfares into the city and it looks like garbage. So what can we do if we're talking about beautification? I mean, I, you know what, in one year I talk about it in a county road, we need to protect ourselves, but at the same time, what can we do? Because it's not on our map for street sweeping, it's not something we've ever done, but it's really It's in a bad way, and so I just wonder what we can do and maybe And putting this and putting this together the more I got into it with Palm Beach County and FDOT and R roads which are our roads are minimal but it seems like we're sweeping their roads and but there are roads through our city right so my road we'll add that to it as well. I contacted them to see what their schedule street sweeping is because they have drainage as well in these roads you know and that's what it's really about is MPDS so I'll wait for the answer back to see their schedule that's why we thought we'd split up instead of just always doing those roads. I mean, there's certain neighborhoods that all neighborhoods, actually all of our neighborhoods that wind up to be 124 miles. So maybe one week we do what we have, the next time we'll do the neighborhoods, parking lots, and minor road. Maybe hit the same route twice a month instead of like we're doing it now every week of the month, you know. So we'll do that. Yeah, I just want to add that to the list of, you know, areas to address and concerns because that is a concern. And since you talked about that really quick, Andrew, super quick. Gateway Boulevard, when it flooded when we had the rain storm a week ago, was that due to gutters being full or was that due? Because there was other areas that we were vulnerable of our that weren't flooded, but right there at the high school it was several inches of water and that's an F dot road and so but our residents drive on that road. I had to practically drive on the wrong side of the road to get around this 10 inch puddle of water. Part of that was due to the amount of water that was being stored in the canals. Lake Worth just didn't have a chance to pump it down. So the water level in the canals were very close to the levels of the inlet. So the pipes, so that's why you saw a surcharge on to the roads. We'll make sure that obviously this, we've had a lot of rain over the last month and a half. I think it's just one of those things where like where it just couldn't pump it down quick enough. Okay, yeah, I just wanted to make sure if it's a gutter issue and gateways not being cleaned. And so that's causing because where that is, it's the water runs downward. I just want to make sure that that's addressed to. Engineering will be, and utility engineering is going to look at that. There's something that we're going to look at, see if there's something that we can do to keep it from surcharge in the future, like some type of valve or some kind of apparatus that we get with there. Okay, perfect. Thank you. Continue. Thank you. Sorry. Good evening again. Let me just move it wrongly. So, my update is, as you can see, I've brought forward tonight the ordinance trying to update for chapter 15, section 15-120. And then we have some other sections of ordinances that we wanna update as well in the future. Maybe not right now, but right now, the chapter 115, section 115, 120 is the only update I have currently. So then now it's engineering. One, two. Good evening, Amanda Radigan, So the now it's engineering. Good evening, Amanda Radigan, Planning and Development Director. There are two programs or initiatives that are coming out of this department. I'm feeding into this plan. The first one is a collaboration between our engineering division and our public art division. And it is a traffic control box wrap program. We currently do not have one, but staff has already started conversations with both FDOT and the county to start pulling permits and getting the documents ordered to push this through. And our arts staff is getting together a call to artists to start selecting art that can be used as wraps. This is just a cool example of one. Here's another one that is actually very similar to the next graphic that you'll see on the next program. The second program is our vacant storefront program. This did launch a couple of months ago in August. We have allocated $25,000 into this program. We have had two installations and we have one that is in production right now. This is essentially an effort to beautify vacant storefronts. So we're not looking into empty dead spaces. So we have had, we have done two and they're both right here on ocean. So here's a before and after of what it looks like. And this is another one that we did also on ocean. This has been really successful so far. We're getting lots of inquiries so the more we do it the more many hopefully we'll be able to allocate to it. Hi, good evening. Danny Michelle public, Public Affairs Director. So I'm in the process of putting together kind of a big picture look at city signage. So we can show the commission what signage we already have in place, identify areas where we can either improve the signs or create new signage. We'll identify the types of signs and this would be welcome signs to Bointen Beach, Bointen Beach locator signs, digital informational signs, as well as signs that cross over into public art somewhat. We'll coordinate with planning and zoning in the public art division, as well as considering our own branding guidelines and creating a plan to ensure continuity and that there is no redundancy or unnecessarily expense and that whatever you choose will be something that the city will have for years to come and be proud of. GIS analyst Jennifer Morango and IT is creating a really wonderful interactive map. So you all can get a good look at both existing signs and future locations for possible signage. And the goal is to give you all information that you need about signage in the city and an easy to see format so that you can eventually give direction about the extent you want new signage or where you want signage left as is improved or built. And this is on the agenda for November 5th. I'm sorry. Thank you. All right. I'm sorry. These are examples of signs in nearby city that do show that continuity of branding and appearance so you can see kind of what we're looking for and what we'll be presenting to you. I just want to point out a couple of things number one, when we're doing these art around the city, whether it's the boxes, I just want to make sure that there is some coherent theme to these designs. So it doesn't become like a hodgepodge of different things, but rather there's some sort of theme that goes along with a particular area. You wanna have a consistent message. When it comes to beautification, again, you're on the right track. What I would like to see happen is we have some standards that we put in in in in in in in in in in in in in in in in in in in in in in in in in in in language. What is it that we're trying to aim for right because it sounds like we're doing good things here and there but. What is the ultimate vision for a beautification so those are the standards that I'm looking for. I don't know what that exactly will look like but I just want to just repeat that something in writing that's set standards. Okay, so we're going to work towards those things, not just individual projects. So maybe it could be, for example, that as part of our beautification plan, that all medians that's physically able to do it will have canopy trees, just as an example, whatever that standard may be, but I just wanted to just reiterate those two points. So thank you everybody. Did you, anybody else on the day, so have any questions or comments for staff? I do have one question. Go ahead, Commissioner Haye. On the sidewalk cleaning, I believe you named some streets that were targeted, was 10th Avenue new one of those m. R. K. No, it was not. I would like to see m. R. K. from the I and a five Barton cemetery all the way to federal. Be a long stole that are cleaning the sidewalks you would add that that street will do that with the Nell staff. We'll do that. We'll do that within our staff. Correct. We'll do that. We'll do that probably within our staff. The bids already came out and went out and came back in. So we'll go ahead and do that within our staff. And this sidewalk's actually we just did road projects. So they're fairly new, but we'll go from Barton all the way out to the federal highway. Okay, not problem. Thank you. Okay. All right, thank you. If there's nothing else from my colleagues, I will continue with the agenda. We're going to move on to the very last item for tonight's meeting. 10C, discussion regarding RFP for speed detection camera system for school zones. Discuss and review updates related to the procurement of speed detection camera systems for school zones. Also discuss an alternative option of a contract management, contract amendment with with ATS, to include a speed detection camera system for school zones and extend the existing contract. Good evening, Chief. Good evening. Chief Joe the Giulio. I'm here for you guys to answer any questions regarding the school zone speed cameras. Could you give us an overview of where we're at today? Currently we are at a point where the RFP bus were all rejected. So we're back at square one. Where we were back in April and they are you seeking a direction for us to reap at this item? Or two options are to go out and do another RFP. Now we'll roughly put the project probably back to April by the time we go through the RFP process and usually the 120 days for us to get the program up and running. As you all know the goal here was to get the program up and running before the school year. We're ready six weeks into the school year. So by the time we do an RFP, pick a vendor, and get the program up and running, we're looking at March, April, into the school year. We missed a whole year. The other option is we can look for viable contracts that are currently out there that we can piggyback, that meets the best interests of the city. Best case scenario is that we'll put the program up and running roughly around the end of December beginning of January. So we can either rebid, modify or amend existing contract with ATS or the third option being that we can piggyback. Correct. All right, so make sure we frame it properly. Just out of curiosity, why were the previous ones rejected? As far as the RFP? Yeah. Was there something that happened or was it just the normal course of the evaluation? I can speak to that. Okay. Yeah, as a part of the evaluation, when they did the scoring, there was a tie and the software, there were some issues with the software that created the tie. So when it went out and then they dug deeper into it to look at the actual numbers, we actually saw a flipping of who was first and second. So this happened after we got a bid protest and we looked into the numbers deeper and then we actually saw that they were actually switched first and second place. So we felt like it was the C's business interest to reject all bids at this point because either scenario we probably get a bid protest and end up challenging in court. So we went ahead and rejected it, hence why we're here tonight to see you know we have another opportunity at this point what the commission would like to see us do and that's basically right. All right so city manager. Staff's recommendation on this mayor is a cleaner process would either do a piggyback or open up an additional contract with the city's vendors who already do the red light cameras. So that's what we're looking at and every single week we delay with the infrastructure put in place. We're sacrificing public safety dollars that could be coming back to the city to the tune of close to $250,000 a week. That's the projections that we've had. Wouldn't it also be cost effective to pick back? Yes, sir. I think that's a good question. I think that's a good question. I think that's a good question. I think that's a good question. I think that's a good question. I think that's a good question. I think that's a good question. I think that's a good question. I think that's a good question. I think that's a good question. I think that's a good question. I think that's from the commission. For the future, I want to maybe have an internal conversation with staff and figure out how come we had that issue with RFP but maybe other municipalities didn't have that same issue. So it looks like there's something that we could have maybe done differently with our internal process. Just a thought for the future. And but yet I would be in favor of what Commissioner Hay stated. You know, although I prefer an RFP and we did do an RFP for the sake of time and also for the safety of the kids and making sure that we do things proactively and on time. I would prefer to go with a route that is competitive, loop-cured and that would need to be a piggyback as a plan B. All right, anything else from my colleagues, Commissioner Turkin? Yep, so reviewing the documentation and requests that the agenda workshop and the vendor fees compared to what the city would or wouldn't get. I think it's the very mobility which I think is what the police department is recommending and staff recommending to get this up and running. The infrastructure is there I believe. I mean there's a little bit addition to infrastructure to get this up and running. The infrastructure is there, I believe. Maybe there's a little bit addition to infrastructure. But getting this up and running for the kids is my priority. And in addition to doing what's best for the residents, and that's being physically responsible with any contract. So I agree with Commissioner Hay. I'm OK to do that piggyback with Vera, so that's my position. I don't think we discussed a company piggyback. I think we discussed the idea in general. I just want to make sure it's unclear on that. But wasn't it recommended that Vera be the piggyback because we already utilized them? I mean, from a practical standpoint, that would make more sense, right? So there's a better price with a different vendor. Let's do it. I'm just thinking, you know, in the most common sense of execution, right, to get in this done, if the concern is we want to get this up and ready for the school year, we already are working with a company that knows our police department, that knows our city. Why would we not go with them? Unless there's a better price elsewhere. Just to clarify terminology, there's an RFP, there's the piggyback, and then we have what with fear it would be a contract amendment to their existing contract. So I don't remember how many vendors have RFPs, our piggyback will contract, do you think chief maybe one, two or three? I believe there's three that could be more, but yeah, I can tell you that we've looked at all those piggybacks and fiscally and other vendors. The RP we've looked at the numbers. We already know what the numbers are. We already know what they're giving us. So I think what you're hearing from staff is that they're recommending the contract amendment with Vera. That's what you're hearing here. Not go out with new RP or piggyback with a different vendor. We're asking that you move forward with a contract amendment to Vera mobility. Right. That's that's that's what is because if you look at the data, that's what makes the most sense. In from a practical standpoint, the she was that accurate? As far as what? As far as what? As far as what Commissioner Turkman and say. As far as staff recommends. So this three options just over the revenue basis. As far as the revenue basis, the contract amendment would be the best interest of the city. So in that document that was emailed to all of us, it says at the very bottom of the page that the city and the police department is recommending the contract amendment with Vera as being the most viable option in respect to implementation and then ensuring that those revenues are going to the city and that the vendor fees aren't being increased. And so my position, you know, is if that's what my police department, my staff is recommending as the most financially suit and responsible for the taxpayers and even more so important for implementation to get this thing on its way, that's where I stand. And that's, yeah, that's my responsibility. So that's where I'm at. I'm okay with Vera, you know. I'm not a big fan of the red light cameras, right? But you know, I understand and this is a complete different conversation. You know, this is this is important. Vice Mayor. Thank you, Mayor. Yeah, I mean this you we entertained the RFP option and I didn't like it then and now here we are. We went through this process and we don't have these, we're still having this discussion. So, you know, my position is that similar to Commissioner Turk and is that, you know, we have an established relationship with a company that we've had for a long time. That has worked with the city. We have implemented software. It works with our system. It's all integrated. My fear with bringing in or I mean it's reality with bringing in any new system and any new company is that then we have an issue where we're getting new software, we're getting new training for staff, we're incurring costs that are completely unnecessary in implementing a program that can be up and running fairly quickly. So, you know, so those are, my understanding is that, you know, we have flock already. Vera is using flock, correct? It's all, it's a plug. It's all, we're all compatible. It all works. And so, I don't see an issue or the need to seek another company when we have a company that is up and running. My understanding, though, Chief, correct me if I'm wrong, I know that we're talking about a contract amendment, but they also are doing, they have a contract with Davy for their red light and their school cameras. So technically, I guess we want to muddy it up a little bit. It's technically a piggyback on that new contract as a vote because we're actually following the Davy contract or that's what they're utilizing, correct? Davy is utilizing verimobility for both red light cameras and school zone. Right, so we're technically, we technically would be going to them or through them under a piggyback that they have it is technically a piggyback contract. It's probably a better question towards procurement as opposed to to to me but there are options whether it's a piggyback whether it's an amendment or or like I, which I don't necessarily support, it was going through the RFP process again. Right. No, I agree with that. I think that we have wasted enough time doing this RFP song and dance. So I'm done with that. So my position is I am comfortable going with beer because I feel like they have been a solid company. We've worked with them for a very long time. They have implemented our red light cameras without any issue. And I feel like that would be a smoother transition than trying to bring in another company at this time. So that's my position. Commissioner. And after you finish Commissioner, I do see that there are applicants here. There's no major objections. I'd like to hear them out as well. Just wanted to make a quick comment. As we did discuss this before, and the reason why I asked for an RFP is because I wanted to make sure that we did a the correct competitive procurement process. I would never be against competitive procurement. Ideally, an RFP would have worked out in a regular way where there wouldn't have been a tie. So again, I think that that was more of an internal process issue, not the RFP process in itself, because many municipalities have had RFP processes, and they have had different outcomes. So I just want to put it out there. And so I don't believe it's ever a waste of time to do competitive bidding. However, because we already did it, now we've crossed the line and now we're on the other side. I wanted to add disclosures because I thought we're going to do it during this time frame so just for the record. There's no, this is just a discussion item. We're not voting. So there's no need for disclosures, public hearing or anything like that. We're not voting. No, it's just a discussion item to get a consensus on how to move forward. But isn't that voting like agreeing to a consensus? No, we're just a consensus, not a vote. Okay. Yes. So it's okay if I don't because I did receive a bunch of emails I wanted to like okay. You don't have to. You're good. Was that it? Okay. I'd like to hear from some of the applicants are just there in the room. So you don't have to speak, but if you want to, I saw somebody already stood up. Yeah. Any? Any? Any very brief. I'm going to. Yeah, please keep it a minute. Can I have a minute? Can I have a minute? Can I have a minute? So a timer do we've consistent and fair? Mayor can I ask a question? Yes, go ahead. How many applicants do we have in the room? So how many three? So we just need a representative from each group, right? We don't need everybody yet. All right, I think just to be fair, we should give everybody like a reasonable amount of time. It's not the same as public common three minutes, but it should be enough time for each applicant to provide their two cents of, you know, their proposals. Thank you. Since we're doing one representative per vendor, I'm going to let my client speak. Okay. So thank you. Let's give it a brief. Okay. Thank you, Mayor Vice Mayor, Commission Manager. I will be brief. Appreciate your time as the hours late, especially. I'm with Red Speed. We have the majority of customers in the country and in the state, where all others combined. We respect all our competition. There's no way to sparaging. We actually are flocks, preferred vendor of choice, if you call them and ask them. There's been four RFPs in the state. We've won three, handedly, and then one was the Vera's customer who already had red light. But as far as some of the issues, we understand them all. We have been selected just in the short time the law has been in place. For seven, I believe Vera, red light customers, to go with our best of breed, school zone speed customer, and operate programs. Well, the most recent RFP in the state is plantation, which was designed to be piggybacked. And there's been six jurisdictions piggyback already off that. And I do believe, I don't know your procurement code, I'm not an attorney. But I recall this contract wasn't bid the first time, the red light. So there's a lot of machination on the contracting mechanism, I think, compared to an RFP or a piggyback off a competitively bit RFP. Because actually the Davy was not, the speed was not competitively bit either, it was added on. So you kind of get into the mother parent of the piggybacking concept. So I will be brief, Maris, you asked, but we think we offer a lot of technology that others don't. The market has spoken of that as we've been selected the majority of the times. And we'd love the opportunity to make a presentation to you, or your staff, or appreciate your consideration this evening. All right, thank you. Next applicant. Can he state his name for the record? Oh, sir. If you could come back to the podium and state your name for the record? Sir, if you could come back to the podium and state your name for the record. Again, apologies. Greg Parks read speed for the record. Thank you. Thank you. Mayor, if I may, Adam Temple is the city of Mender. So I just confer with staff. I just want the commission to know that we did not invite vendors to hear so there may be vendors that that apply that are not here to make their presentations at council as well. Okay. Thank you for letting us know. Thank you, Mayor commissioners. Stephen Abrams representing Altamant, which you'll hear from in a second. But make no mistake, I mean, a comparative process did take place. Altamant was rank number one, and in the email that I sent you, the selection committee was unanimous and enthusiastic about their choice for Altavant based on effectiveness, efficiency, a number of other factors. Going in the direction, you're going to have some problems. First of all, as I pointed out in the legal memo that we sent you, I don't know that you can extend an existing contract for services that were not contemplated in the original contract. Second, just as a policy perspective which you've discussed, the commissioners looked at the option to amend the contract back in May and determined that for good reason, as a new program unique, nature of the new program that they prefer the RFP. You did do the RFP, and we all agree that repeating it would take too long. You do have an option in your procurement code when you don't come to agreement with a vendor. To then enter into a negotiation with another firm, I would submit that ultimate would be that firm as the number one unanimous choice of your selection committee. There are also issues with the Davy contract as we're pointed out. And I'm going to call up Jason Norton from Alta Menes, their senior vice president, to expand further on that. Good evening. Just to think about if you go off the Davey contract and if you read the fine print, some of the stuff in there is that number one, the RFP pricing was 10% higher than ours. But if you look at the Navy contract and you read the words inside there, there are contractual dictations that would require the price to go up. If the police doesn't review or approve 90% of the events that sent to them, if you don't go to collections, if you don't install a registration hold, they have the right to increase their pricing. There's also aspects in there about them keeping the metadata from their program. That's also, they get to keep the metadata from their ALPR program. I don't think you, I don't think the police, I don't think your citizens want to vendor owning that information. So there are caveats in those contracts that you need to read before you jump. If you're looking for speed to get your program operating, verisign that contract on January 4, 2024 and they still do not have a program. You're 10 months in. In addition, if you want to terminate the contract under the Davy program, it's $37,000 per camera. That's a lot of money left, and there's no soda and chips left after that. Thank you, sir. Thank you. Last call, otherwise we'll move on. Oh, one more, and that's it. And, Maley, did they state their name for the record? Okay. All right. Gary Goble with a VRM ability. I'm not a vice president, I'm a county executive. I'm passing through, thought it stopped the meeting to listen to what you're talking about. Sometimes it's best not to say anything at all. We've been your vendor for quite some time now. I think we would love to continue to be your vendor and service you as we have in the past. Thank you. All right, thank you. All right, questions from my colleagues or comments? I have a quick question. I heard something in the previous speaker. They talked about contract termination clauses on how it would cost $37,000. Do we have information on all the potential applicants on how much it would cost for cancellation? What we would have to do is, again, we're looking at piggybacking. So, until we have, if not piggybacking, the contract amendment. So, we have to look at that in detail and stay see being the contract review specialist would go through those, make sure it has the proper legal terms. And then if there are any of those items as our office does, we provide you a memo which indicates, hey, these are kind of the red flags and you can choose to, sometimes it's a business decision with regard to whether you accept risk in certain contracts or you don't. So until we know kind of the direction that staff wants to go, we won't make that legal review and we won't be able to really advise them until they come up with business terms and what they're looking for. Yeah, just wanna make sure that whoever we end up choosing ultimately is not. There is an opportunity for the pricing to be increased on the city for whoever it is. Yeah, and those are just terms that we we have to look at once we get a little further down into the nitty gritty. And here at the stage right now, again, we have not, I believe, made any decisions without direction of the commission with regard to which way to go. And to be, Council to be clear, if we're going to go through the piggyback process, you will inform us of those terms after your analysis. Is that correct? Yes, you would absolutely have to approve any contract in any business terms that may not be on its face, might have pause, and then it's up to the commission to determine whether they're willing to take that risk in that contract. And last question if I may. Are we saying that there are two potential piggyback opportunities? And then I heard earlier, I want to make sure I heard correctly. Is it true that the Davy contract was not competitively procured or is that incorrect? Yeah. Unfortunately, I don't know any of those details. That's really a procurement question. And, you know, my office doesn't get involved until we're further down in the process because that, that, all of those things come from procurement. Right. My concern is that, again, we're moving forward with a consensus which is a decision, we should have those answers before we make a decision. So if we're looking at potentially piggybacking, if there is such a thing as a piggyback from Davy, then we should know if that contract was competitively procured because that was kind of the purpose why I wanted to have an RFP in the first place. Well I think what staff is looking at right now is not necessarily a piggyback but a contract amendment which is not a piggyback. In turn negotiations. So I get even staceyanger, deputy city attorney. So again, before you, I think there's a couple options and within those options, there's additional options. So I think one, I think we're looking for a little bit of direction of do you want to go back out for another RFP, or do you want staff to explore the other options that are available to this city? I think that's the broader distance. Right. to this city. I think that's the broader district. That's what we're looking for tonight. At which point if we if the direction is we want to go back out to RFP we go back out to RFP. If the direction is please explore other options and bring those back to us with an analysis of the method of procurement, the pricing components, high-level term overviews that I do for you in my disclosure memos, that's how we can proceed. So I think that's more of the decision we're looking at right now. Stacy, thank you for that clarification. I'm just going to make it, make it known I support the recommendation of having staff do further analysis and come back to us with those terms. More analysis can be a bad thing. And I want to make sure it's vetted through not just procurement and finance, but also through legal. That is my preference. Just to be clear. Go ahead, commission. And then go around. Would that metadata be public information? Or would just come back to us? What you're going to tell us about? About what each contract offers? Yeah, I think that at this point, if the direction of the board is to evaluate what contract options exist, whether it is through an amendment to our contract and the potential to do that versus what piggyback options exist, then a summary of all of those options should come back to the board collectively for review and further direction and discussion. Mm-hmm. Sounds good. Commissioner, Chair, can you had your hand up. Go ahead, Commissioner. Thank you, Mayor. Yeah, like I think we just want to look at other options and negotiate, right? That's the key here. We all want to implement when we can and get the best deal for the city. I'm not going to listen to anything or unless I see it in a contract. This stuff with Davie and the metadata, that's great, it may be true, but I cannot make a decision or even entertain that opinion of something without looking at it and seeing a contract. So I'd like to look at options, you know, and if it's negotiating with Vera, considering all these concerns I've heard, let's do that, you know, or maybe it's negotiating with Vera, considering all these concerns I've heard, let's do that. You know, or maybe there's different options, so that's run that. I just want to echo the sentiments of the mayor and the body. What staff is looking forward to tonight is just the removal of the RFP process so we can go forward and actually get you guys the information and the analysis that you're all looking for. And I think that's the primary consensus that we're looking at doing and moving forward. So, yeah. Like you have it. Thank you. But I want to ask for a few specific things. All right, let's just final comments. Yep. So one thing, like one of the questions that I want to ask in your analysis is was this competitively procured because that's one of the top important things for me. The second question I want to ask is what happens to the data? Is it our police department that's maintaining that data? Is it an outside company? I wasn't aware of that. I'm not an expert in that field, but that concern that was brought to our attention, I think as Commissioner Haystated is relevant and it's important to the residents of the city. And then what makes them different? Like if we have five, six vendors that all want the contract, what makes you different? Why should we give it to you? That's it, and then we'll come back to it. All right, sounds good. It sounds like we have consensus here on bringing back more analysis to the commission. Thank you so much, everybody. And thank you to the Chief and deputy city attorney for your input. With that, if there's no final comments, may have a motion to adjourn. Motion to adjourn. We have a motion to second. All those in favour of adjourning say aye. Aye. All right. This meeting is adjourned. Thank you so much everybody. That was a quick one.