Minutes 06-18-24 Minutes of the City Commission Meeting
Held Online Via the GoToWebinar Platform and
In-Person at the City Hall Commission Chambers
100 East Ocean Avenue, Boynton Beach, Florida
On Tuesday, June 18, 2024, at 6:00 P.M.
Present:
Mayor Ty Penserga -ABSENT Daniel Dugger, City Manager
Vice Mayor Aimee Kelley Shawna Lamb, City Attorney
Commissioner Angela Cruz Maylee De Jesus, City Clerk
Commissioner Woodrow L. Hay
Commissioner Thomas Turkin
1. Agenda Items
A. Call to Order— Vice Mayor Aimee Kelley
Vice Mayor Kelley called the meeting to order at 6:00 P.M.
Roll Call
City Clerk Maylee De Jesus called the roll. A quorum was present.
Invocation by Pastor Bob Bender, Christ Fellowship Church
Invocation was given by Pastor Bob Bender.
Pledge of Allegiance to the Flag led by Commissioner Woodrow Hay.
The Pledge of Allegiance was led by Commissioner Hay.
Agenda Approval:
1. Additions, Deletions, Corrections
City Attorney Lamb added R24-138 to the consent agenda, as 6Q.
Commissioner Turkin spoke about the real time crime center, and said that it is not very
well manned, and he would like support to start funding a unit for this center. He asked
to have this come forward by the Police Chief, in the budget between the next two fiscal
years.
Vice Mayor Kelley asked to have this a part of the budget workshop.
Commissioner Hay said that he has no problem with that, as long as we have the proper
information.
Andrew Mack, Deputy City Manager, stated that he can speak to the Police Chief and
have that added.
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Boynton Beach, FL June 18, 2024
Commissioner Turkin asked where we are at with the strategic Plan.
Kathryn Matos, Assistant City Manager, stated that they are coordinating with consultant,
to schedule the meetings over the next few months.
Vice Mayor Kelley said that she had conversations with staff in regards to it too, and
asked for an update as far as when we can anticipate the meeting dates. She stated that
she had asked for an online option, for the public to be able to participate. She asked if
we can have a time certain date at the next commission meeting, so that it does not get
lost in the shuffle.
Mrs. Matos reviewed the dates that were proposed by the consultant, to talk to the
Commissioners individually, and when he would have a workshop. She said that the
strategic plan would be adopted in September.
Vice Mayor Kelley said that she is concerned with adopting the final plan after the
workshop, because it could change the budget.
Commissioner Cruz said that one of the most important things we can do is have realistic
goals for the budget, so they can come to the budget meeting with realistic goals.
2. Adoption
Motion:
Commissioner Turkin moved to approve the agenda, as amended. Commissioner Hay
seconded the motion. The motion passed unanimously.
2. Other
A. Informational items by the Members of the City Commission.
Commissioner Hay stated that he had no disclosures and that the Juneteenth event was
great and there was no rain. He mentioned that he appreciates the way the City arranged
the tents, for shade.
Commissioner Turkin stated that he attended the Juneteenth event, and that it was a
great event. He thanked staff for putting that event on. He thanked some of the Fire
Department staff for helping him help a woman that was stranded.
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Vice Mayor Kelley stated that she could not attend Juneteenth, because she was at the
Connect to Greatness graduation ceremony.
3. Announcements, Community and Special Events and Presentations
A. Announcement- System-wide free chlorination flush of the water distribution
system.
Vice Mayor Kelley read the announcement into the record.
Commissioner Hay asked if the chlorination process will impact the taste of the water.
Poonam Kalkat, Utilities Director, stated that there might be a little smell or taste in the
water during that time, but there are ways to help it dissipate quickly. She said that they
have informed all of the necessary places, such as hospitals, so that they can take the
necessary precautions. She mentioned that there will be no need for boiling the water.
B. Announcement- Swim with a Cop Pool Party.
Vice Mayor Kelley read the announcement into the record.
4. Public Audience
Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of
the Chair, this 3-minute allowance may need to be adjusted depending on the level
of business coming before the City Commission)
City Attorney Lamb stated that she would like to give an update in regards to an
arbitration hearing, and said that they have 90 days to make a decision, and
they are not there yet.
Harry Woodworth spoke about the strategic plan. He said that we should be
embarrassed for not having any plans in place yet.
Susan Oyer spoke about the lights by 1-95 and Gateway, and said that they are
now cycling red, and she asked Vice Mayor Kelley to speak to the MPO about
it. She said that we are selling a lot of stuff on our agenda, and writing it off,
including hurricane supplies. She commented on the Boynton Beach road
renovation disaster, and asked for it to be stopped.
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David Merker stated that his passion is togetherness through education. He
spoke about the Juneteenth event and said that everyone should get more
information in regards to it.
Cindy Falco de Corrado stated that she received a letter from the BBPD, and
read it into the record. She read the definition of conspiracy into the record.
Barbara Ready stated that on the consent agenda, we are having a garage sale
at the start of hurricane season. She spoke about the PBA Contract that is on
the consent agenda.
Eric Pardy spoke about "wokeism" that is dividing people in the country, and
about the DEI being dangerous to the country.
Mike Taylor (online) spoke about the attack against Cindy Falco de Corrado on
his YouTube channel. He said that he spoke to a bunch of our Police Officers
and said that they are ignorant to the laws. He asked the Attorney to look up the
law about panhandling.
Mike Neward (online) spoke about having issues with the City enforcing code
compliance, because he has called to complain about his neighbor, who has his
boat over the property line, into his property. He commented on the violations
on the property.
Vice Mayor Kelley asked for Temple to follow up with his concerns.
5. Administrative
A. Advisory Board Appointments.
Motion:
Vice Mayor Kelley moved to approve Kameren Maharaj as a Regular Member of the
Community Redevelopment Agency Board. Commissioner Turkin seconded the
motion. The motion passed unanimously.
Motion:
Vice Mayor Kelley moved to approve Allyson Copeland as an Alternate Member of
the Education and Youth Board. Commissioner Hay seconded the motion. The
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motion passed unanimously.
Motion:
Commissioner Turkin moved to approve Bruce Robertson as a Regular Member of
the Recreation and Parks Board. Commissioner Hay seconded the motion. The
motion passed unanimously.
B. Purchases for over $10,000 report for April 2024.
C. Proposed July Budget Workshop Dates
Vice Mayor Kelley stated that last year we had one all-day meeting, then one in the
evening. She said that she is not sure if we need an all-day one or not.
Commissioner Turkin stated that he had July 8th originally on his calendar. He said that
he is open to night meetings, but that he would like to move forward with the 8th, since
it has been on their calendar.
Commissioner Hay stated he has no problem with July 8, and that he would like to do
two evenings for the sake of the public with another evening, if needed.
Commissioner Cruz said that she would prefer a full day workshop like we have had
before. She mentioned that we have a CRA meeting on the 9th, and that it is hard to
work all day and have multiple night meetings in one week.
Vice Mayor Kelley asked if we could do a July 8 meeting, starting at midafternoon into
the evening, so that we are not here many nights out of the week. She said that she is
okay with the July 8th meeting all day.
There was Consensus to have the meetings on July 8th from 10 A.M.-6 P.M., July 10th
evening starting at 6 P.M.- 8 P.M., and 11th in the evening 6 P.M.-8 P.M., if needed.
Vice Mayor Kelley said that she would like to have public comment on both days.
6. Consent Agenda
A. Proposed Resolution No. R24-120- Approve the auction of the
vehicles/equipment submitted by the Fleet Maintenance Division for
disposal by using the online auctioneer JJ Kane Auctioneers.
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B. Proposed Resolution No. R24-137- Approve the disposal of
obsolete/expired items including hurricane and COVID related stock to be
disposed of via online auction or destruction.
C. Solid Waste Division Accounts Receivable Write Off Request.
D. Police Accounts Receivable Write Off Request FY 2018-2019.
E. Schoolhouse Children's Museum Second Quarter Report FY24-25.
F. Proposed Resolution No. R24-121- Approve and authorize the Mayor to
execute the First Amendment to the Lease Agreement between the most
reverend Gerald M. Barbarito, DD J.C.L., as Bishop of the Diocese of Palm
Beach County, his successors in office and assigns forever, a corporation
sole and the City of Boynton Beach, extending the current lease until
December 31, 2025, and authorizing the City Manager to execute a Task
Order for engineering and permitting services in an amount not to exceed
$100,000.
G. Proposed Resolution No. R24-122- Approve and authorize City Manager
to sign a 2-year agreement with Flock Group, Inc., for the Flock Safety Real
Time Crime Center Elite Package for the total amount of $60,000
($30,000/each year 1 and year 2).
H. Proposed Resolution No. R24-123- Approve the Piggyback Agreement
with Advanced Roofing, Inc utilizing the City of Sunrise Bid No. 19-17-12-
HR for a total not to exceed amount of $250,000.
I. Proposed Resolution No. R24-124- Amend the FY 2023-24 budget, adjust
budgeted appropriations and revenue sources and provide spending
authority for the General Government Fund (001) on Exhibit A and other
funds on Exhibit B (Capital Improvement Funds 302, Utility Funds 401 and
403, Golf Fund 411, etc.).
J. Proposed Resolution No. R24-125- Approve the reduction of the
Performance Bond No. 016237559, 9395633 to 5% of the original total cost
estimate ($9,516,087) of the performance bond, for the completion of
construction work and required public improvements in association with
Publix Distribution Center Expansion, from the current amount of
$10,467,695.70 (110% the total cost estimate) to $475,804.35.
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K. Proposed Resolution No. R24-126- Approve the reduction of the
Performance Bond No. L256241 to 5% of the original total cost estimate
($314,376.65) of the performance bond for the completion of construction
work and required public improvements in association with St. Andrews
Club, from current amount$345,814.32, 110% of the original cost estimate,
to $15,718.83.
L. Proposed Resolution No. R24-127- Approval of marketing agreement
between the City of Boynton Beach and Utility Service Partners Private
Label, Inc., to offer property owners the opportunity to purchase a service
plan and other similar products.
M. 3800 South Congress record plat.
N. Proposed Resolution No. R24-128- Approve Task Order SCADA-13-2024
with Star Controls in the sum of $55,625 for installation of the StaRTU
application within the Utility wellfields in accordance with RFQ No. 038-
2821-19/TP for Supervisory Control and Data Acquisition (SCADA)
System Programming, Preventive Maintenance and Repair Services as
approved by Commission on January 21 , 2020, and renewed in February
2024.
O. Proposed Resolution No. R24-129- Approve and authorize the City
Manager to sign an Amendment to the Officers & Detectives, Sergeants,
and Captains Collective Bargaining Agreements, between the City of
Boynton Beach and the Palm Beach County Police Benevolent Association
Inc. (PBA) regarding wages and pension for the Officers, Detectives,
Sergeants, and Captains of the Police Department.
P. Commission Meeting Minutes.
Commissioner Cruz pulled item 60.
Commissioner Turkin pulled item 6F.
Motion:
Commissioner Turkin moved to approve the consent agenda, as amended.
Commissioner Hay seconded the motion. The motion passed unanimously.
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6F. Proposed Resolution No. R24-121- Approve and authorize the Mayor
to execute the First Amendment to the Lease Agreement between the most
reverend Gerald M. Barbarito, DD J.C.L., as Bishop of the Diocese of Palm
Beach County, his successors in office and assigns forever, a corporation
sole and the City of Boynton Beach, extending the current lease until
December 31, 2025, and authorizing the City Manager to execute a Task
Order for engineering and permitting services in an amount not to exceed
$100,000.
City Attorney Lamb spoke about the lease agreement and the issues that they have
had with it, along with the resolution that is in this agreement.
Motion:
Commissioner Turkin moved to approve Resolution No. R24-121. Commissioner Hay
seconded the motion. The motion passed unanimously.
60. Proposed Resolution No. R24-129- Approve and authorize the City
Manager to sign an Amendment to the Officers & Detectives, Sergeants,
and Captains Collective Bargaining Agreements, between the City of
Boynton Beach and the Palm Beach County Police Benevolent Association
Inc. (PBA) regarding wages and pension for the Officers, Detectives,
Sergeants, and Captains of the Police Department.
Commissioner Cruz said that she pulled this for the residents to be aware.
Chief DeGiulio thanked the Commission for this opportunity. He spoke about the
trouble that they have to recruit and retain Police Officers, and that this will help with
those efforts. He mentioned that this will allow them to be competitive in this field,
and that their pension is something that nobody else in the county has.
Vice Mayor Kelley stated that she has seen the Police Department struggle with
retention, and that she has seen this current administration do more to help retain
our Officers, than in the past. She said that this is important for the residents to hear
about, because Public Safety is our priority. She asked if he could speak about the
effect on the budget.
Chief DeGiulio stated that we are able to use our salary savings of this current fiscal
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year, for this upcoming fiscal year.
Commissioner Hay said that they did save some money on the Flock Group, and
asked if he can interject some comments.
Chief DeGiulio spoke about the Flock Group agreement and the savings that they
will have yearly.
Vice Mayor Kelley asked for an explanation regarding the changes to the Flock
Group.
Assistant Chief Bonafair spoke about the operating system and what this change
would help with.
Commissioner Hay asked if other cities are using this now.
Assistant Chief Bonafair responded yes, Riviera Beach is having great success with
this.
Commissioner Hay asked if this puts us up higher above other cities.
Chief DeGiulio said that this will move us up to #2 in the County.
Commissioner Cruz said that we are taking a step in the right direction and she
supports this.
Commissioner Turkin stated that we are the 3rd largest municipality in the county,
and we are losing Officers, and there is no price tag on safety. He mentioned that
with this increase, the expectations to our Officers are also higher.
Motion:
Commissioner Turkin moved to approve Resolution No. R24-129. Commissioner Cruz
seconded the motion. The motion passed unanimously.
7. Consent Bids and Purchases over $100,000
A. Proposed Resolution No. R24-130- Approve a Piggyback Agreement with
Bound Tree Medical for the City's medical supplies on an as needed basis
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with an estimated annual purchase of $150,000. The County of Volusia
procurement process satisfies the City's competitive bid requirements.
B. Proposed Resolution No. R24-131- Approve utilizing the Region 4
Education Service Center (ESC) as the Principal Procurement Agency,
which partnered with OMNIA Partners, to establish a national cooperative
Contract No. R220701 and Authorize the City Manager to sign an
agreement with ADT Commercial, LLC, of Boca Raton, Florida, for Facility
Technology Integration & Security System Services for an estimated
annual cost of $150,000. The Region 4 Education Service Center's
procurement process satisfies the City's competitive bid requirements.
C. Proposed Resolution No. R24-132- Approve and authorize the City
Manager to sign an amendment to the Progressive Design Build Phase 1
Services with PCL Construction, Inc., for the Master Lift Station 317
Upgrade Project, to modify the scope of services, and increase the contract
price by $60,745.
D. Proposed Resolution No. R24-133- Approve and authorize the City
Manager to execute Supplement No. 2 to PO 220936 with Baxter &
Woodman, Inc., in the amount of $50,402 for additional engineering
services in support of the Lakeside Gardens Neighborhood Project, and
authorizing a limited term extension.
E. Proposed Resolution No. R24-134- Approve a piggyback agreement with
Bennett Fire Products Company, Inc., utilizing Lake County, FL, Contract
# 22-730B, and Authorize the City Manager to sign the Agreement with
Bennett Fire Products Company, Inc. for Fire Equipment, Supplies, and
Services for an annual amount not to exceed $160,000.
F. Proposed Resolution No. R24-135- Approve an annual expenditure
increase with SAM Surveying and Mapping, LLC, utilizing RFP No. CW23-
009, from an amount not to exceed $300,000 to an amount not to exceed
$375,000 per year.
G. Proposed Resolution No. R24-136- Award Bid No. EV24-034 for "Rental
Equipment for Various Events" and authorize the City Manager to sign an
Agreement with C4 Rents, Inc., of Loxahatchee Groves, Florida, with an
annual not to exceed amount of$200,000.
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Motion:
Commissioner Cruz moved to approve the Consent Bids and Purchases over$100,000.
Commissioner Turkin seconded the motion. The motion passed unanimously.
8. Public Hearing
6 p.m. or as soon thereafter as the agenda permits.
The City Commission will conduct these public hearings in its dual capacity as
Local Planning Agency and City Commission.
A. Development Order for the Conditional Use for Blueheart Adult Day Care
(COUS - 2024.05.44744).
City Clerk De Jesus swore in everyone that would be talking
Commissioner Cruz said regarding Items 8A that she has not had any ex-parte
communication, has not received written communication, has not conducted an
investigation, has not made a site visit, and has not received expert opinions. She
requested that these disclosures and all written communications be made a part of
the record.
Vice Mayor Turkin said regarding Items 8A that he has not had any ex- parte
communication, has not received written communication, has not conducted an
investigation, has not made a site visit, and has not received expert opinions. He
requested that these disclosures and all written communications be made a part of
the record.
Commissioner Hay said regarding Items 8A that he has not had any ex- parte
communication, has not received written communication, has not conducted an
investigation, has not made a site visit, and has not received expert opinions. He
requested that these disclosures and all written communications be made a part of
the record.
Vice Mayor Kelley said regarding Items 8A that she has not had any ex-parte
communication, has not received written communication, has not conducted an
investigation, has not made a site visit, and has not received expert opinions. She
requested that these disclosures and all written communications be made a part of
the record.
Oletha Blue stated that she is proposing an adult day care, which the City would be able
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to benefit from. She said that we have a lot of elderly residents that are home by
themselves during the day, and that this has been a long road for her. She mentioned
that there are a lot of residents asking if this is open already, and that there is a great
need for this. She spoke about what an adult daycare is as follows: Benefits of Adult Day
Care; physical activity; socialization and engagement; and Blue Heart hours of
operation.
Jae Eun Kim spoke about the request as follows: conditional use request; and
background and recommendation.
Commissioner Turkin stated that this is a unique concept and is a great need in the City.
Hay said that this is long overdue, and asked what the age range would be.
Ms. Blue responded that the ages would be
about 60+.
Hay asked about the location.
Ms. Blue stated that they strategically chose this location because it is in a building with
a geriatric doctor. and they will be in a suite.
Commissioner Cruz thanked Ms. Blue for doing this for the seniors and said that this is
very important.
Ms. Blue spoke about the cost savings and long-term care.
Vice Mayor Kelley mentioned that this is an asset to our City and it is in a great location.
She said that they could set up a table at events, to bring awareness to this organization.
She opened the floor to Public Comment.
Susan Oyer asked if it will be limited per the capacity.
Ms. Blue stated that they will be allowed up to 55 people, per the state code and the City
as well.
Motion:
Commissioner Cruz moved to approve the Development Order for the Conditional Use
for Blue heart Adult Day Care. Commissioner Turkin seconded the motion. The motion
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passed unanimously.
9. City Manager's Report- None
10. Unfinished Business
11. New Business
12. Legal
13. Future Agenda Items
A. Discussion regarding combining City properties together to create senior
affordable housing . - TBD
B. Discussion regarding the Art Assessment Fee being allocated to infrastructure
instead of public art. - TBD
C. Discussion regarding youth student attendance, at National League of
Cities Conference, sponsored by the City.- TBD
D. Discussion regarding a waiver process and criteria for workforce housing
projects. -TBD
E. Discussion regarding Restrictive Covenant for Harvey Oyer Park - TBD
F. Discussion regarding Procurement Policies and Procedures, including local
business preference. — TBD
G. Discussion to explain the chemicals that are added to the water.- TBD
H. Discussion regarding infrastructure, specifically paving in the City. - TBD
I. Update on ARPA Funds. - TBD
J. Update on funds from the settlement with Town Square.- TBD
K. Discussion regarding adding a Sister City from Ireland. - TBD
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L. Presentation regarding the Living Shoreline project.- TBD
M. Discussion regarding additional digital signs. - TBD
N. Update on Arts in Public Places Program.- TBD
O. Discussion regarding City entry way signage. - TBD
P. Discussion regarding Adopt-a-Road Program.- TBD
Q. Discussion regarding Rapid Re-housing Program.- TBD
R. Discussion regarding formalized Tree Planting Program.- TBD
S. Discussion regarding Amendments to the Code of Ordinances regarding
flooding in the community.- TBD
T. Discussion regarding Hazard Pay for Community Standards.- TBD
14. Adiournment
Commissioner Turkin stated that for the Parks and Recreation appointment, that
the residential part was marked no.
City Attorney Lamb stated that we will look into it.
Cruz stated that there is a certain level of expectations that these applications are
coming forward only if they are eligible.
Mrs. Matos stated that when this was discussed several months ago, the
Commission required that the Art Board be residents only, but other boards
could be outside residents.
Commissioner Turkin stated that maybe we can revisit this Advisory Board
Ordinance.
Vice Mayor Kelley asked for this to be looked at again.
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City Attorney Lamb said that you have to be an elector of PBC, and the
preference is residents of Boynton Beach, owners of a property, or business
owners.
Commissioner Hay asked if it is their call, to be able to choose.
City Attorney Lamb spoke about what we can change and cannot change
regarding Codes or Ordinances. She said that she could prepare any changes,
if requested.
Vice Mayor Kelley asked to have this discussion added to the future agenda
items.
City Attorney Lamb stated that there could be a potential problem if they allow
Mr. Katz to speak now.
Vice Mayor Kelley said that he will have a chance when they discuss this in the
future.
Motion
Commissioner Cruz moved to adjourn the meeting. Commissioner Turkin seconded the
motion. The motion passed unanimously.
There being no further business to discuss, the meeting was adjourned at 7:35 P.M.
CITY OF BOYNTON BEACH
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