Minutes 12-17-24 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, December 17, 2024, at 6:00 P.M.
Present:
Mayor Ty Penserga Daniel Dugger, City Manager
Commissioner Angela Cruz Shawna Lamb, City Attorney
Commissioner Woodrow L. Hay Maylee De Jesus, City Clerk
Commissioner Thomas Turkin
1. Agenda Items
A. Call to Order— Mayor Ty Penserga
Mayor Penserga 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 Bryce Hutson, Christ Fellowship Church
Invocation was given by Pastor Hutson.
Pledge of Allegiance to the Flag led by Commissioner Thomas Turkin
The Pledge of Allegiance was led by Commissioner Turkin.
Mayor Penserga requested to move item 3A up to be heard before the shade meeting.
There was consensus to move item #3A up.
3A. Education Update by District 7 School Board Member Edwin Ferguson.
Mr. Ferguson presented as follows: access this presentation- QR code; today's agenda;
an introduction; how to help your child get ready for kindergarten; English language arts
(ELA); mathematics; science; level 1 violation suspensions; and questions?
Mayor Penserga stated that Boynton Beach is making a comeback, but noted that there
is still a lot of work to do. He asked what programs or initiatives are working well and what
is effective in reducing absenteeism.
Mr. Ferguson responded that he is not sure what will help reduce absenteeism, but
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Boynton Beach, FL December 17, 2024
believes that, as adults, we should encourage kids to attend school when we see them
outside during school hours. He mentioned that literacy programs are working and that,
to help students achieve higher levels of reading proficiency, they are in a position of
strength. He added that greater gains are being seen in reading proficiency.
Mayor Penserga referenced reading challenges with his students.
Commissioner Cruz thanked Mr. Ferguson for his presentation.
A. Call to Order— Mayor Ty Penserga Closed Attorney-Client Shade Meeting- In
accordance with section 286.011(8), Florida Statutes, the City of Boynton
Beach Commission will hold a Closed Attorney-Client Shade Meeting to
discuss settlement of Boynton Beach Little League d/b/a East Boynton Beach
Little League v. City of Boynton Beach, Case No. 502024CA000517XXXAMB.
Shade meeting pursuant to section 286.011(8), Florida Statutes, to discuss
strategy relating to litigation expenditures and settlement in connection with
Case No. 502024CA000517XXXAMB.
City Attorney Lamb read the notice of the closed-door session into the record.
The City Commission recessed for the closed-door session at 6:17 P.M., and reconvened
the meeting at 7:17 P.M.
Agenda Approval:
1. Additions, Deletions, Corrections
City Attorney Lamb added Item 6H to approve an agreement with Little League.
Commissioner Turkin requested the addition of several future agenda items, including
discussions on rates for recreational facilities, pickleball and tennis courts, and
consideration of rate exceptions for seniors. He also added the Chapel Hill Drainage
Project/Gulfview Harbor to future agenda items, asking staff to explore funding sources
for these roads.
Commissioner Cruz mentioned that she was also planning to address rate increases and
requested that they be discussed during the meeting.
City Attorney Lamb clarified that final action on the matter would need prior
advertisement, but a discussion could proceed.
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Commissioner Cruz noted that rate increases were scheduled for January 7th, and there
was a consensus to discuss the topic during the meeting.
Mayor Penserga directed staff to prepare a presentation on the topic and bring it back for
discussion.
City Manager Dugger inquired whether funding for each project should be addressed
separately.
Commissioner Turkin emphasized the importance of not delaying the CIP Project.
City Manager Dugger confirmed that it would be incorporated into the presentation.
Commissioner Cruz suggested making changes during the budget season and
highlighted the need for equitable spending across districts. She expressed openness to
further discussion on the matter.
Mayor Penserga requested a brief update on the road paving project, and City Manager
Dugger confirmed that the utility project would also be brought back for review.
Commissioner Hay requested a future agenda item to discuss lift stations.
Commissioner Cruz requested to add $500 from Community Support Funds to Pathways
to Prosperity, and suggested a moderate amendment to the comprehensive plan, noting
the possibility of some district-specific projects being infeasible.
2. Adoption
Motion:
Commissioner Cruz moved to approve the agenda, as amended. Commissioner Turkin
seconded the motion. The motion passed unanimously.
2. Other
A. Informational items by the Members of the City Commission
Commissioner Turkin acknowledged the Events Team for their efforts in organizing the
drone show and holiday tree lighting event. He also recognized the Police Department for
ensuring safety during these events. He mentioned that on South Road, a vessel has
been dumping residential waste, causing code violations, and emphasized the
importance of communication with residents in the area, as the issue has persisted since
the summer.
Commissioner Hay echoed Commissioner Turkin's comments on the events and shared
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that he had a wonderful experience at Kabuki's grand opening. He described the drone
show as an exceptional display.
Commissioner Cruz disclosed that for item 10A, she had spoken with the applicants, and
for the Little League agreements, she had discussions with Little League representatives.
She expressed her gratitude to staff for their work during the events.
City Manager Dugger shared that Boynton resident Travis Hunter had won the Heisman
Trophy.
Assistant City Manager Temple addressed the vessel issue, stating that he became
aware of it last week and acknowledged the numerous allegations and concerns. He
assured that he would follow up on the matter.
3. Announcements, Community and Special Events and Presentations
A. Education Update by District 7 School Board Member Edwin Ferguson.
This presentation was heard earlier in the meeting.
B. Announcement- Oceanfront Bark.
Mayor Penserga announced the event.
C. Announcement- System-wide free chlorination flush of the water distribution
system.
Mayor Penserga announced the event.
4. Public Comments on Consent Agenda Items
Public Comments on Consent Agenda Items: Any citizen may be heard concerning
any matter on the Consent Agenda. 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).
Tom Warren raised concerns about the 1,800-page agenda backup, noted that the Eco
Park fence remains open, and addressed conditions at Oceanfront Park. He emphasized
that the Andrews House is in excellent condition following renovations a few years ago
and commended the Historical Society's representation, noting seven media articles on
the topic.
Mike Fitzpatrick thanked the City for discussing and considering the relocation of the
Andrews House. He highlighted the committee formed to raise funds for the move.
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Charles Hunt spoke on behalf of Rolling Greens residents, expressing concerns that they
feel targeted and different. He requested that the City reverse liens imposed on their
homes in the past two years, sharing his own experience with a code enforcement lien.
Jessica Ferguson expressed appreciation for the discussion on the Little League
Agreement and shared that they are pleased with the outcomes.
Flo Russell advocated for keeping pickleball rates unchanged, citing challenges faced by
senior players. She warned that increased costs could drive residents to play elsewhere.
Cindy Falco De Corrado voiced concerns about fluoride in the water, citing health risks.
She also referenced a shooting in Boynton Beach that occurred earlier in the day.
Courtlandt McQuire thanked the City for organizing spectacular events and highlighted
the many events he attended over the past month.
Karen [no last name provided] opposed chlorination in the water and urged the City to
stop what she described as poisoning residents. She also called for the removal of poles
once new legislation is enacted.
Virtual Comments:
Luanne Moore discussed the remanded legal status of the federal communications
ordinance and requested updates to the City's ordinance.
Mayor Penserga closed public comments.
5. Administrative
A. Community Support Funds.
Motion:
Commissioner Cruz moved to approve the Community Support Funds request from
Commissioner Cruz. Commissioner Turkin seconded the motion. The motion passed
unanimously.
Motion:
Commissioner Hay moved to approve the Community Support Fund request from
Commissioner Turkin. Commissioner Cruz seconded the motion. The motion passed
unanimously.
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B. 2025 City Commission Calendar of Meetings.
City Manager Dugger noted that the meeting schedule will be adjusted.
City Clerk De Jesus reviewed upcoming meetings.
Mayor Penserga mentioned that the January 7, 2025, meeting falls early and is typically
canceled.
There was consensus to retain the meeting as scheduled.
Commissioner Turkin was not present on the dais at 8:01 P.M.
6. Consent Agenda
A. Proposed Resolution No. R24-315- Approving the application for the Center
for Heat Resilient Communities Grant offered by the National Integrated Heat
Health Information System Center for the amount of $10,000, authorize the
Mayor to accept the grant, and execute all future documents associated with
the grant, subject to the approval of the City Attorney.
B. Proposed Resolution No. R24-316- Approving the application for the Center
for Collaborative Heat Monitoring Grant offered by the National Integrated
Heat Health Information System Center for the amount of $10,000,
authorize the Mayor to accept the grant, and execute all future documents
associated with the grant, subject to the approval of the City Attorney.
C. Proposed Resolution No. R24-317- Approve the Limited Term Extension
Amendment to the Agreement between the City of Boynton Beach and Martin
Fence Co. for New Fencing, Repairs, and Gate Operators, and approve the
Limited Term Extension Amendment to the Agreement between the City of
Boynton Beach and Alpha Fence for New Fencing, Repairs, and Gate
Operators.
D. Proposed Resolution No. R24-318- Approving a limited term extension to the
current agreement for Beck's Towing & Recovery, Inc. for towing, recovery,
& storage services.
E. Proposed Resolution No. R24-319- Approve the application for the
Assistance to Firefighters Grant (AFG) offered by the Department of
Homeland Security (DHS) and the Federal Emergency Management Agency
(FEMA) for the amount of $204,676.99, authorize the Mayor to accept the
grant, and execute all future documents associated with the grant, subject to
the approval of the City Attorney.
F. Proposed Resolution No. R24-320- Accepting the grant for the Department
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of Justice, Office of Community Oriented Policing FY 24 Safer Outcomes:
Enhancing De-Escalation and Crisis Response Training for Law
Enforcement, authoring the Mayor to execute the grant agreement and all
other documents necessary to effectuate the intent of this Resolution that do
not increase the City's financial obligations, subject to the approval of the City
Attorney.
G. Proposed Resolution No. R24-327- Approve first amendment to the
agreements with Pathways to Prosperity and the Wounded Veterans Relief
Fund to comply with the ARPA funds' December 31, 2024, obligation deadline
and authorizing the Mayor to execute all related documents, subject to the
approval of the City Attorney.
Commissioner Turkin returned to the dais at 8:02 P.M.
Motion:
Commissioner Hay moved to approve the consent agenda. Commissioner Cruz
seconded the motion. The motion passed unanimously.
7. Consent Bids and Purchases over $100,000
A. Proposed Resolution No. R24-321- Award Invitation to Bid No. WH24- 077
for Annual Supply of Original Equipment Manufacturer (OEM) Services and
Parts for Medium/Large and Heavy Duty Vehicles and Equipment to
Innovative Equipment 2, LLC d/b/a Case Power& Equipment of Florida, SBL
Freightliner, LLC, KVP Enterprises, Inc. d/b/a Expert Diesel, Nacarato Trucks
General Partnership, Nacarato Volvo Trucks and The Petestore of South
Florida and approve a 5-year contract with the awarded vendors with an
annual expenditure not to exceed $700,000 for each vendor.
B. Proposed Resolution No. R24-322- Awarding Request for Proposal No.
FIN25-001 R for Financial Auditing Services to CBIZ CPAS P.C., and
approving an Agreement between the City and CBIZ CPAS P.C. for financial
auditing services for a period of five (5) years for fiscal years ending on
September 30, 2024, September 30, 2025, September 30, 2026,
September 30, 2027, and September 30, 2028, respectively, for an annual
amount not to exceed $130,000 for year one (1), $132,000 for year two (2),
$134,000 for year (3), $136,000 for year four (4), and $138,000 for year
five (5) for an aggregate fee of $670,000.
C. Proposed Resolution No. R24-323- Award Invitation to Bid No. UTL 24- 011
for Oceanfront Park Wastewater Treatment Plant (Beach Plant) Upgrades to
Close Construction Services, LLC, and approve the Agreement between the
City and Close Construction Services, LLC in the amount of$907,000 with an
additional 10% contingency in the amount of $90,700 for staff-authorized
change orders to address unforeseen conditions, bringing the total not-to-
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exceed purchase order amount to $997,700. Additionally, approve a budget
transfer to allocate sufficient funding for this project.
D. Proposed Resolution No. R24-324-Approve Task Order No. GESUT- 1C-02-
25 with CDM Smith, Inc. for Risk Assessment and Prioritization for Repair
and Replacement Projects for Water Distribution, Sewer Collection, and
Stormwater in the amount of$231,700.
E. Proposed Resolution No. R24-325- Approve a Piggyback agreement
between the City of Boynton Beach and SHI International Corp. to piggyback
Sourcewell contract 121923-SHI in an amount not to exceed $600,000 per
year to procure technology hardware and software including core Microsoft
products.
F. Proposed Resolution No. R24-326- Approve the piggyback agreement with
W.W. Grainger utilizing the City of Tucson Contract # 240078-01 with Omnia
Partners for the purchase of hardware, electrical, and safety supplies for an
estimated Citywide annual expenditure not to exceed $120,000 per year.
Omnia Partners procurement process satisfies the City's competitive
solicitation requirements. Contract term: January 1, 2025, through December
31, 2027, with two (2) additional one (1) year renewals.
G. Approve the one-year extension for RFPs/Bids and/ or piggy-backs for the
procurement of services and/or commodities over $100,000 as described in
the written report for December 17, 2024 - "Request for Extensions and/or
Piggybacks."
H. Proposed Resolution No. R24-328- Approving a contract agreement with
VTECH.IO for the purchase of computer equipment for the Police Department
and the city in an amount not to exceed $550,000 utilizing contract 43210000-
23-NASPO-ACS.
Motion:
Commissioner Cruz moved to approve the remainder of Consent Bids and Purchases
over $100,000. Commissioner Hay seconded the motion. The motion passed
unanimously.
8. Public Hearing
A. Proposed Ordinance No. 24-024- First Reading, an Ordinance of the City
Commission of the City of Boynton Beach, Florida, amending Ordinance No.
89-38 by amending the future land use map of the City of Boynton Beach,
Florida, for an approximately 2.97-acre parcel of real property generally
located north of the C. Stanley Weaver Canal on the west side of North
Seacrest Boulevard, Boynton Beach, Florida, by changing the future land use
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classification from Low Density Residential (LDR) and Recreational (R) to
Local Retail Commercial (LRC); declaring the proposed amendment to the
future land use map to be consistent with all other elements of the
comprehensive plan of the City; providing for severability, conflicts, and
providing for an effective date. Proposed Ordinance No. 24-025- First Reading,
an Ordinance of the City Commission of the City of Boynton Beach, Florida,
amending Ordinance No. 02-013 to rezone an approximately 2.97 acre parcel
of real property generally located north of the C. Stanley Weaver Canal on the
west side of north Seacrest Boulevard, Boynton Beach, Florida, from Single
Family Residential (R-1-A) to Planned Commercial Development (PCD);
declaring the proposed amendment to be consistent with the comprehensive
plan of the City; providing for severability, conflicts, and providing for an
effective date.
City Clerk De Jesus read the ordinance into the record and swore in those intending to
speak.
Commissioner Cruz said regarding Items 8A-C that she has had ex-parte communication,
has not received written communication, has not conducted an investigation, has not
made a site visit, and has received expert opinions. She requested that these disclosures
and all written communications be made a part of the record.
Mayor Penserga said regarding Items 8A-C that he has had ex-parte communication, has
not received written communication, has not conducted an investigation, has not made a
site visit, and has 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-C that he has had ex-parte communication,
has received written communication, has not conducted an investigation, has made a site
visit, and has received expert opinions. He requested that these disclosures and all
written communications be made a part of the record.
Vice Mayor Turkin said regarding Items 8A-C that he has had ex-parte communication,
has not received written communication, has not conducted an investigation, has made
a site visit, and has received expert opinions. He requested that these disclosures and all
written communications be made a part of the record.
Bonnie Miskel reviewed the following: property location; existing conditions; application
request; proposed master plan; conceptual renderings- view from northeast; conceptual
renderings-view from southeast; conceptual renderings- view from northwest; conceptual
renderings- view from southwest; conceptual renderings- view from view from central
court; Compliance with future land use map amendment, rezoning and master plan
standards; compliance with variance criteria; and staff recommendation of approval.
Luis Benscome, Principal Planner, stated that they worked closely with the applicants and
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had no significant additions.
Mayor Penserga opened public comment.
Pastor Baxter Banks expressed support for the project, highlighting the community
meeting and history of the property.
Courtlandt McQuire described the project as a valuable addition to the community.
Mayor Penserga closed public comment.
Mayor Penserga noted that workforce and affordable housing on church property is
commendable and aligns with community goals.
Commissioner Cruz mentioned conversations with the applicant and staff, emphasizing
discussions on height limitations, zoning compatibility, and infrastructure concerns.
Ms. Miskel confirmed compatibility with single-family neighborhoods and community
meeting outcomes, noting a design consistent with community preferences.
Amanda Radigan, Planning and Development, addressed regulatory compliance and
intensity concerns.
Commissioner Cruz asked about bedroom mixes, greenspace, and the linear walkway's
public access.
Ms. Miskel reported 46.5% open space and stated that public access could be ensured
through an easement.
Jonathan Carlic, applicant, expressed willingness to provide access.
Commissioner Cruz also inquired about traffic studies.
Adam Kerr, Kimley-Horn traffic engineer, confirmed were conducted and reviewed.
Commissioner Cruz requested a copy of the traffic studies, and discussed electric vehicle
stations, parking requirements, and setbacks.
Ms. Miskel assured compliance with live local parking codes and green initiatives.
Commissioner Hay commended the applicants, emphasizing the importance of 100%
affordable housing. He confirmed deed restrictions would remain intact with ownership
changes. Commissioner Hay asked about accessibility between canals.
Ms. Miskel noted that it would depend on City walkway extensions, and project timelines.
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Mr. Garlic estimating completion in 14+ months.
Commissioner Hay also addressed parking concerns.
Ms. Miskel explaining tandem spaces for larger units.
Commissioner Turkin praised the project's design and workforce housing focus while
raising concerns about density.
Mr. Kerr noted a traffic level of"B."
Commissioner Turkin stated that he appreciates the team's efforts and collaboration with
the community.
Motion:
Commissioner Hay moved to approve proposed Ordinance No. 24-024. Commissioner
Turkin seconded the motion. In a roll call vote, the motion passed unanimously.
Motion:
Commissioner Hay moved to approve proposed Ordinance No. 24-025. Commissioner
Turkin seconded the motion. In a roll call vote, the motion passed unanimously.
B. Approval of Development Order for Variance (ZNCV-2024.06.52374) for the
Seacrest Sound Apartments project.
Motion:
Commissioner Turkin moved to table item 8B. Commissioner Hay seconded the motion.
The motion passed unanimously.
C. Approval of the Development Order for the new Master Plan (NMP-
2024.06.52374) for the Seacrest Sound Apartment project.
Motion:
Commissioner Turkin moved to table item 8C. Commissioner Hay seconded the motion.
The motion passed unanimously.
9. City Manager's Report- None
10. Regular Agenda
A. Proposed Ordinance No. 24-026- First Reading, An Ordinance of the City
Commission of the City of Boynton Beach, Florida, correcting a scrivener's
error in the legal description contained in Ordinance 23-021 approving the
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abandonment of the thirty foot (30') wide unimproved right-of-way established
on the Palm Beach Farms Co. Plat No. 8, as recorded in Plat Book 5, Page 73
of the public records of Palm Beach County; authorizing the Mayor to execute
an amended disclaimer, which shall be recorded with this ordinance in the
public records of Palm Beach County, Florida; providing an effective date; and
for all other purposes.
City Clerk De Jesus read the title into the record.
Motion:
Commissioner Hay moved to approve Proposed Ordinance No. 24-026, on First Reading.
Commissioner Turkin seconded the motion. In a roll call vote, the motion passed
unanimously.
B. Discussion on leaving the Banyan Tree at Dewey Park lit up year-round.
Commissioner Turkin noted that the issue was discussed during the agenda review.
Commissioner Hay inquired about the cost impact of keeping the tree lit year-round.
Mayor Penserga suggested exploring alternative options due to recurring issues with
Christmas lights.
Commissioner Hay further asked about the possibility of using solar lights.
C. Discussion regarding the tennis court improvements and maintenance at
Boynton Beach Tennis and Pickle Ball Center.
Craig Clark, Director of Recreational and Cultural Services, discussed recent staffing
changes.
Fabien Desrouleaux, Assistant Director of Recreational and Cultural Services, reviewed
the following: facility specifics; facility staffing; facility maintenance; facility court
openings- November 279 court reservations; pictures of the property; before and after
pictures; the future of the Boynton Beach Tennis and Pickleball Center; and facility hours
of operations.
Commissioner Cruz noted that the need for continued improvements, and requested data
comparing pickleball and tennis court usage.
Mr. Desrouleaux reported that pickleball courts are highly used, while the hard courts see
less traffic.
Commissioner Cruz suggested that transforming more courts into pickleball courts.
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Mr. Clark noting that pricing for such transitions could be obtained. He mentioned that a
proposal for a company to manage the tennis courts was received, but noted that there
are concerns about a 10-year contract not benefiting the City. He indicated that he is
willing to receive Commission direction and go out to bid.
Mayor Penserga requested that proposals be shared with the City Commission for review.
Commissioner Cruz highlighted that the current $70K maintenance deficit exists and
expressed support for exploring an RFP for comparison.
Commissioner Hay also requested that proposals with pros and cons be provided for
evaluation.
Commissioner Turkin suggested that extending weekend hours to 4 or 5 PM and
supported exploring vendor options for the best deal.
Commissioner Cruz emphasized that evaluating proficiency through an RFP would be
beneficial.
City Manager Dugger inquired about the duration of the deficit.
Mr. Desrouleaux stating that it has persisted for years due to high maintenance costs
from a prior company.
Mr. Desrouleaux highlighted that potential profitability could come from in-house
maintenance and rental revenue.
Mr. Clark discussed that received proposals, and further discussions included those
revenues, proposals, court renovations, grants for covering renovation costs, and a
September 2025 grant application deadline were important. He suggested individual
meetings, to review details and explore options for moving forward.
11. Future Agenda Items
A. Discussion and update on the potential relocation of Historic Andrew's House
- January 7, 2025
B. Presentation and status update on the Beautification Division in the Public
Works Department by Kevin Ramsey, Director of Public Works - January 7,
2025
C. Project update on Eco Park - January 7, 2025
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D. Draft review of Procurement Policies and Procedures, including local
business preference. - February 18, 2025
E. Discussion regarding Rapid Re-housing Program - Pending meeting with
Mayor Penserga
F. Discussion regarding combining City properties together to create senior
affordable housing . - Pending meeting with Mayor Penserga
G. Discussion regarding Amendments to the Code of Ordinances regarding
flooding in the community.- Pending meeting with Commissioner Cruz
H. Discussion regarding Hazard Pay for Community Standards.- Pending
meeting with Commissioner Cruz
I. Discussion regarding requirements for Advisory Board Appointments.-
Pending meeting with Vice Mayor Kelley
J. Discussion regarding how to attract more affordable housing within the City.-
TBD
K. Discussion regarding Citywide Master Plan to light up the City.- TBD
12. Adjournment
Motion:
Commissioner Turkin moved to adjourn the meeting. Commissioner Cruz seconded the
motion. The motion passed unanimously.
There being no further business to discuss, the meeting was adjourned at 9:20 P.M.
CITY OF BOYNTON BEACH
ATT . :
& t 011, _____
Maylee De Je us, MPA, !Y.IMC
City Clerk /
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