Regular City Commission Meeting (2025-02-04)

City of Deerfield Beach Page 1 Printed on 2/18/2025 Meeting Minutes City Commission Tuesday, February 4, 2025 7:00 PM Commission Chambers CALL TO ORDER AND ROLL CALL The meeting was called to order on the above date by Mayor Bill Ganz at 7:00 p.m., in the City Commission Chambers, City Hall, Deerfield Beach. Present: Commissioner Michael Hudak Commissioner Bernie Parness Commissioner Ben Preston Vice Mayor Todd Drosky Mayor Bill Ganz Also Present: City Manager Rodney Brimlow City Attorney Anthony Soroka City Clerk Heather Montemayor MOMENT OF SILENCE AND PLEDGE OF ALLEGIANCE There was a moment of silence, followed by the Pledge of Allegiance. APPROVAL OF CITY COMMISSION MINUTES Regular City Commission Meeting Minutes - December 17, 2024 & January 14, 2025 Special City Commission Meeting Minutes - January 2 & 21, 2025 MOTION was made by Commissioner Parness, seconded by Commissioner Preston to approve the meeting minutes as submitted. Voice Vote: Yeas: 5 - Commissioner Hudak, Commissioner Parness, Commissioner Preston, Vice Mayor Drosky, and Mayor Ganz Nays: 0 ACKNOWLEDGEMENT OF CITY BOARD MINUTES Education Advisory Board Meeting Minutes - November 18, 2024 Hillsboro Inlet District Meeting Minutes - November 18, 2024 Code Compliance Meeting Minutes - December 3, 2024 Community Appearance Board Meeting Minutes - December 11, 2024 & January 8, 2025 MOTION was made by Commissioner Parness, seconded by Commissioner Preston, to acknowledge the board minutes. Voice Vote: Yeas: 5 - Commissioner Hudak, Commissioner Parness, Commissioner Preston, Vice Mayor Drosky, and Mayor Ganz Nays: 0

Regular City Commission Meeting Minutes February 4, 2025 City of Deerfield Beach Page 2 Printed on 2/18/2025 APPROVAL OF CITY COMMISSION AGENDA February 4, 2025 MOTION was made by Commissioner Preston, seconded by Commissioner Parness, to approve the agenda as submitted. Voice Vote: Yeas: 5 - Commissioner Hudak, Commissioner Parness, Commissioner Preston, Vice Mayor Drosky, and Mayor Ganz Nays: 0 AWARDS & RECOGNITION 1. Certificate of Recognition presented to Alexa Simeone for the facilitation of the Teen Center's Sea Lab Project. Mayor Ganz presented a certificate to Ms. Simeone in recognition of her facilitation in the Sea Lab Project. Ms. Simone provided a brief overview of the project. Thereafter, she thanked the Commission for the recognition and introduced some of her students. 2. Certificate of Recognition presented by Captain Hofstein to BSO Law Enforcement staff. Captain Hofstein recognized various law enforcement staff for their ongoing efforts with keeping the community safe. PUBLIC COMMENT Denise Santoro, 161 SW 5th Court, Deerfield Beach, provided a brief overview of America Blessed Children, which is a non-profit organization that began in Hemingway, South Carolina. Michael Lubin, 16 Little Harbor Way, Deerfield Beach, clarified that the Education Advisory Board will take place tomorrow evening at 5:30 p.m. Thereafter, he encouraged all to attend. Dan Herz, 330 SE 19th Avenue, Deerfield Beach, stated that a mayoral candidate forum will take place one week from today at 5:30 p.m. at the Natura Clubhouse. Thereafter, he briefly commented on the March 11th election, as well as events that have transpired over the last few weeks. Philip Bradley, 4330 NW 12th Avenue, Deerfield Beach, commented on the Senior Essential Resource Expo event that took place at the Johnny Tigner Center. Daniel Shanetzky, 34 Keswick B, Deerfield Beach, stated that he has been working with Freebee to ensure the program is being properly advertised to the District 3 residents. Thereafter, he spoke in support of the program. Karen Shelly, 190 Durham D, Deerfield Beach, asked for an update on the Chamber of Commerce. CONSENT - BOARD APPOINTMENTS 3. Resolution 2025/010 - A Resolution of the City Commission of the City of Deerfield Beach, Florida, reappointing Sharon Haynes to the Board of Trustees of the Municipal Firefighters' Pension Trust Fund; and providing for an effective date. CONSENT - AGREEMENTS & EXPENDITURE REQUESTS 4. Resolution 2025/ - A Resolution of the City Commission of the City of Deerfield Beach, Florida, approving the special event permit application submitted by Excel Production, LLC, for a Valentine's Day bash to be held at the Johnny L. Tigner Community Center on February 14, 2025, from 5:00 pm to 9:00 pm; approving ticket sales by Excel Production, LLC for the event; and providing for an effective date.

Regular City Commission Meeting Minutes February 4, 2025 City of Deerfield Beach Page 3 Printed on 2/18/2025 CONSENT - AGREEMENTS & EXPENDITURE REQUESTS - CONTINUED 5. Resolution 2025/011 - A Resolution of the City Commission of the City of Deerfield Beach, Florida, approving the Special Event Permit Application submitted by Wyndham Deerfield Beach Resort to host six special events per year during the months of November through April for the next three years on Wyndam's property inclusive of its private beach area; permitting up to six special events per year and waiving the 90-day requirement between each special event; and providing for an effective date. Rodney Brimlow, City Manager, requested that Item 4 be tabled. Mayor Ganz opened the public hearing on items 3 & 5. Dan Herz, 330 SE 19th Avenue, Deerfield Beach, spoke in support of appointing Ms. Haynes. Further, he asked if the Wyndham owns the land directly behind or to the east of their hotel. Daniel Shanetzky, 34 Keswick B, Deerfield Beach, spoke in support of Item 5. Mayor Ganz closed the public hearing. MOTION was made by Commissioner Hudak, seconded by Commissioner Parness, to approve Item 3 & 5. Roll Call: Yeas: 5 - Commissioner Hudak, Commissioner Parness, Commissioner Preston, Vice Mayor Drosky, and Mayor Ganz Nays: 0 MOTION was made by Commissioner Preston, seconded by Commissioner Hudak, to table Item 4. Voice Vote: Yeas: 5 - Commissioner Hudak, Commissioner Parness, Commissioner Preston, Vice Mayor Drosky, and Mayor Ganz Nays: 0 DEPARTMENTAL BUSINESS 6. Presentation regarding the 2024 Vision Zero Report. Eric Power, Director of Planning & Development Services/Interim Director of Environmental Services, highlighted a brief PowerPoint presentation. The Vision Zero Master and Action Plan was adopted on January 23, 2024. Each year the City must evaluate the prior years’ progress and identify upcoming goals. He stated that BSO provides an annual report of fatalities and serious injuries, which is then uploaded into an interactive map by city staff. Thereafter, he outlined the recent accomplishments, which includes almost $4 million in grant funding, new vision zero webpage and dashboard, nominated twice for the Broward County Complete Streets Champion Award, etc. Furthermore, Mr. Power outlined the various action items, which are listed in the Action Plan. Lastly, Mr. Power said the 2025 issues ad concerns consist of DOT improvements to Hillsboro Boulevard and Dixie Highway, categorization of the high injury network with marching context classifications and DOT approved solutions, and public awareness. Commissioner Parness left the meeting temporarily at 7:46 p.m. and retuned at 7:50 p.m. Commissioner Hudak expressed concerns with the NE 3rd Avenue Project, as the improvements helped with safety, but the project left the area atheistically displeasing. Mr. Power said $3 million in grant funding was received because of the improvements to 3rd Avenue, but unfortunately, they were not received in time to make those improvements permanent; nonetheless, other grant monies will be allocated to the project.

Regular City Commission Meeting Minutes February 4, 2025 City of Deerfield Beach Page 4 Printed on 2/18/2025 DEPARTMENTAL BUSINESS - CONTINUED 7. Resolution 2025/012 - A Resolution of the City Commission of the City of Deerfield Beach, Florida, approving a change order with Emerald Construction Corporation d/b/a Neucor Construction in an amount not to exceed $215,333.76 due to unforeseen subsurface conditions for the SE 8th Avenue Stormwater Capital Improvement Project; extending the substantial and final completion dates for the project; providing for execution, implementation, and an effective date. (Funds from Account #462-300-360-3800-000-53800-506530 - CIP Infrastructure/Stormwater Improvements) The Resolution was read by title only. Eric Power, Director of Planning & Development Services/Interim Director of Environmental Services, highlighted a brief PowerPoint presentation. He explained that the unforeseen circumstances are due to sewer laterals for homes being within the work area, which conflict with the proposed 36-inch drain. Thereafter, a photograph of the pipes were displayed. Furthermore, because of this conflict, ongoing work will continue on SE 4th Street, SE 5th Court, and SE 7th Avenue; nonetheless, the proposed solution consists of increasing the depth of excavation and change the proposed pipe to 24-inches. Mr. Power explained that the City will now be responsible for executing asphalt restoration at each phase of completion; therefore, a credit will be given to the City for asphalt. If approved, the revised project cost will be a little more than $3.2 million, with a final completion date of October 13, 2025. He stated that a future consideration for landscape improvements from the Tree Preservation Trust Fund will occur later this year. Lastly, the City has dedicated a field employee, Ronnie Williams, to the project. Commissioner Hudak spoke in support of Mr. Williams, and thanked him for everything he’s done. Thereafter, he expressed concerns with how vendors are being selected and hopes that the new criteria being implemented will help, as these unforeseen circumstances adversely affect the entire community. In response to Commissioner Hudak’s question, Mr. Power replied that there are different measures and means, i.e. spot digging, soft digging, etc., in which the City determines where underground pipes are located. In response to Commissioner Parness’ question, Josef Farbiarz, City Engineer, replied that the drainage improvements on NW 45th Street and Crystal Lake will be completed within a year. In response to Mayor Ganz’s questions, city staff replied that the sewer laterals are not galvanized, but clay. Mayor Ganz expressed concerns with the clay piping, as it is old and not the most durable. Josh Niemann, Assistant Director of Environmental Services, stated that staff, on an annual basis, is lining all city sewer pipes, which will help with these type projects in the future. Mayor Ganz opened the public hearing. Dan Herz, 330 SE 19th Avenue, Deerfield Beach, asked for clarification on the amount of change orders for this project. Thereafter, he briefly commented on the vendor selection process. Mayor Ganz closed the public hearing. Mr. Farbiarz stated that there were only two major change orders, whereby, the rest were minor or consisted of credits. Mayor Ganz stated that although there were 31 change orders, only 12 have been approved, which were mainly minor. Vice Mayor Drosky said change orders are not uncommon with construction projects. Further, he was also concerned when this issue was first brought to his attention, but after speaking to staff, he understands why the circumstances were unforeseen. Lastly, he spoke in support of Mr. Williams overseeing the project.

Regular City Commission Meeting Minutes February 4, 2025 City of Deerfield Beach Page 5 Printed on 2/18/2025 DEPARTMENTAL BUSINESS - CONTINUED MOTION was made by Commissioner Hudak, seconded by Commissioner Parness, to approve Item 7, adopted Resolution 2025/012. Roll Call: Yeas: 5 - Commissioner Hudak, Commissioner Parness, Commissioner Preston, Vice Mayor Drosky, and Mayor Ganz Nays: 0 COMMENTS BY ADMINISTRATION & LEGAL CITY ATTORNEY Executive Session - Anthony Soroka, City Attorney, requested an executive session in the arbitration matter regarding the Board of Trustees of the City of Deerfield Beach Municipal Police Officers’ Retirement Fund and the City of Deerfield Beach. CITY MANAGER - None. CITY COMMISSION BUSINESS 8. Resolution 2025/013 - A Resolution of the City Commission of the City of Deerfield Beach, Florida, approving and authorizing execution of an Employment Agreement with Rodney Brimlow for service as City Manager; approving Mr. Brimlow's service as City Manager; providing for execution and providing for an effective date. The Resolution was read by title only. Anthony Soroka, City Attorney, briefly outlined the proposed contract. In response to Mayor Ganz’s questions, Mr. Soroka replied that Burgess Hanson’s original contract was entered into in 2010, and did provide for 9 months of severance; however, the following year the legislature enacted a law that went into effect July 1, 2011 that capped severances for governmental entities at 20 weeks. Further, he said David Santucci had 20 weeks. Commissioner Hudak spoke in support of the proposed contract, and stated that he would like to discuss salary after public input. Commissioner Preston stated that a probationary clause was mentioned at the last meeting, which he disagreed with, as the City Manager position is at will, and can be removed by a majority vote of the Commission. In response to Commissioner Preston’s comment, Mr. Soroka provided a brief overview of the process of removing the City Manager, which is outlined in the City Charter. Commissioner Parness spoke in support of the proposed contract. Mayor Ganz opened the public hearing. Dan Herz, 330 SE 19th Avenue, Deerfield Beach, briefly commented on the proposed contract and stated that the salary should be based on the current status of the various ongoing projects within the City. Karen Shelly, 190 Durham D, Deerfield Beach, stated that although she believes the selection should have been done after the March 11th election, she was extremely impressed by Mr. Brimlow’s interview and looks forward to working with him. Daniel Shanetzky, 34 Keswick B, Deerfield Beach, spoke in support of the proposed contract. Mayor Ganz closed the public hearing.

Regular City Commission Meeting Minutes February 4, 2025 City of Deerfield Beach Page 6 Printed on 2/18/2025 CITY COMMISSION BUSINESS - CONTINUED Commissioner Hudak briefly commented on the salaries of neighboring city managers, as well as the salary of the previous city manager. Furthermore, the pay rate charts are a little skewed due to the tenure of some of the City Managers; nonetheless, he recommended a salary of $230,000. Mayor Ganz said the requested salary of $249,000 would still put the Deerfield Beach City Manager in the lower percentile. Thereafter, he briefly outlined the salaries of neighboring city managers. He reiterated that the requested salary by Mr. Brimlow is reasonable, and agreed that Commissioner Hudak’s recommendation is also reasonable. Commissioner Preston agreed that the requested salary is on the lower end, and also spoke in support of Commissioner Hudak’s recommendation. Furthermore, he said the Commission must also take the Deputy City Manager’s salary into consideration, as their must be some separation; therefore, he recommended $240,000. Vice Mayor Drosky agreed that the charts are skewed; nonetheless, he is amendable to any of the recommended salaries, and agreed with Commissioner Preston that there must be a separation from the Deputy City Manager. Mayor Ganz suggested meeting in the middle at $235,000. Commissioner Parness spoke in support of $249,000. Motion was made by Commissioner Hudak to approve the employment agreement with a starting salary of $235,000. Prior to a second, Commissioner Preston stated that $235,000 is too low, and recommended $240,000. MOTION was made by Commissioner Hudak, seconded by Vice Mayor Drosky, to approve the employment agreement with a starting salary of $235,000. Roll Call: Yeas: 3 - Commissioner Hudak, Vice Mayor Drosky, and Mayor Ganz Nays: 2 - Commissioner Parness & Commissioner Preston COMMENTS BY MAYOR & CITY COMMISSION COMMISSIONER HUDAK DISTRICT 1 City Manager - Commissioner Hudak congratulated Mr. Brimlow, and stated that he looks forward to working with him. Events - Commissioner Hudak said Pioneer Days will take place on February 15th and 16th. Thereafter, he briefly commented on Student Government Day, which was an outstanding event. COMMISSIONER PRESTON DISTRICT 2 Events - Commissioner Preston agreed that Student Government Day was an outstanding event. Thereafter, he thanked city staff for their efforts. Further, he said the Black Heritage Banquet will occur at the DoubleTree on February 22nd at 5:30 p.m. He urged those interested in attending to contact parks & recreation. Lastly, he said various events are occurring at the Tigner Center. COMMISSIONER PARNESS DISTRICT 3 Monarch Hill - Commissioner Parness said the County Commission will make their final vote at the end of the month. Thereafter, he urged everyone to continue fighting.

Regular City Commission Meeting Minutes February 4, 2025 City of Deerfield Beach Page 7 Printed on 2/18/2025 VICE MAYOR DROSKY DISTRICT 4 Monarch Hill - Vice Mayor Drosky said if the City continues to battle hard, this is a fight we can win. He stated there are still county commissioners who are undecided; therefore, he urged all to reach out to the County Commission, as they are the ones who will be making the decision. Thereafter, he provided a brief overview of the history of the dump and why this expansion is concerning. Further, he expressed disappointment that the decision to expand the dump is even being considered, as the Solid Waste Authority has not yet released the Master Plan. Lastly, he urged everyone to continue fighting. Happy Valentine’s Day - Vice Mayor Drosky wished everyone a Happy Valentine’s Day. MAYOR GANZ Monarch Hill - Mayor Ganz thanked Mayor Mike Ryan, Sunrise, who wrote a letter to the County. Further, he said this expansion is concerning to the community’s health; therefore, he urged everyone to reach out to the County Commissioners. Thereafter, he provided a brief overview of Waste Management’s plan. Lastly, he thanked everyone for attending the last meeting, and urged everyone to attend the next meeting. MLK Event - Mayor Ganz thanked city staff for an amazing event. S-Curve Businesses - Mayor Ganz said the front spaces on the S-Curve have been metered by the landlord, which is concerning, as it will hurt those businesses. ADJOURNMENT There was no additional business to discuss. MOTION was made by Commissioner Preston, seconded by Commissioner Parness, to adjourn the meeting at 9:16 p.m. Voice Vote: Yeas: 5 - Commissioner Hudak, Commissioner Parness, Commissioner Preston, Vice Mayor Drosky, and Mayor Ganz Nays: 0 CITY OF DEERFIELD BEACH _____________________________ BILL GANZ, MAYOR _________________________________ Heather Montemayor, CMC, City Clerk