Minutes 11-19-24 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, November 19, 2024, at 6:00 P.M.
Present:
Mayor Ty Penserga 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— Mayor Ty Penserga
Mayor Penserga called the meeting to order at 6:04 P.M.
Roll Call
City Clerk Maylee De Jesus called the roll. A quorum was present.
Invocation by Reverand Amalie Ash, First Presbyterian Boynton
Invocation was given by Reverand Amalie Ash.
Pledge of Allegiance to the Flag led by Commissioner Angela Cruz.
The Pledge of Allegiance was led by Commissioner Cruz.
Agenda Approval:
1. Additions, Deletions, Corrections
Mayor Penserga requested to add an additional allocation of $500 to the City Holiday
Basket initiative.
2. Adoption
Motion:
Commissioner Cruz moved to approve the agenda, as amended. Commissioner Hay
seconded the motion. The motion passed unanimously.
2. Other
City Commission Meeting
Boynton Beach, FL November 19, 2024
A. Informational items by the Members of the City Commission
Commissioner Cruz noted her attendance at the National League of Cities (NLC)
Conference.
Commissioner Hay shared that he also attended the conference, emphasized its value,
and highlighted the celebration of the NLC's 100-year anniversary.
3. Announcements, Community and Special Events and Presentations
A. Proclamation -- Alzheimer's Awareness Month
Commissioner Cruz read the proclamation into the record.
David Lopez thanked the City of Boynton Beach for leading the way and supporting this
organization.
B. 1,000 Turkeys and Meal Items to Be Distributed.
Mayor Penserga announced the event.
C. Present Runner's up award to Water treatment and Water Quality team for
Best Tasting Water contest for South East Florida Region VI.
Dr. Poonam Kalkat expressed her pleasure in commending the team for their
achievement in the Annual Best Tasting Water Contest for Southeast Florida Region VI.
She introduced the team.
D. Recognize Utilities Pumping Operation team for volunteering to help in
Hurricane Milton Recovery.
Mayor Penserga gave this team kudos for helping out with the Hurricane Milton
recovery.
Dr. Kalkat recognized her Water Utilities team for their assistance with Hurricane Milton
recovery efforts.
E. Recognize Boynton Beach Police Department's Emergency Field Force
(E.F.F.) members for volunteering to help in Hurricane Milton Recovery.
Chief DiGuilio discussed the team's dual deployments to assist local Police in impacted
areas. He described the challenges faced during their deployment and introduced his
team.
2
City Commission Meeting
Boynton Beach, FL November 19, 2024
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).
David Merker spoke about the importance of obtaining proper healthcare each year,
sharing insights from both professional and personal perspectives.
Susan Oyer presented newspapers from August 11, 1966, to the Commissioners,
expressing her belief that they would appreciate the historical significance.
Linda Cross represented the Boynton Beach Tennis Center, highlighting urgent concerns
about the poor condition of the courts. She discussed the impact of court closures on
numerous teams and emphasized the potential of the center to be a gem for the City if
properly managed.
Lisa Gennotto raised complaints about the condition of roads in Golfview Harbor,
referencing issues she has faced with road paving efforts since purchasing a home in the
area.
Donna Burnette addressed issues at the Boynton Beach Tennis Center, which remains
closed. She requested action to reopen the facilities and noted the need for proper
management at the center.
Elizabeth Jerrel expressed frustration about the neglected condition of the Boynton Beach
Tennis Center. She emphasized the potential of the center to improve but called for more
attention and support to address ongoing issues.
Ellen Weedman discussed the closure of all courts at the Boynton Beach Tennis Center,
noting the long period of inactivity and the lack of adequate facilities. She remarked on
the missed opportunity for the center to be a premier tennis facility.
Steve Weedman, a member of multiple tennis teams, expressed disappointment in the
current condition of the Boynton Beach Tennis Center courts.
Charles Hunt shared his ongoing struggle with code enforcement issues as a homeowner.
He detailed receiving fines for storing items other than a car in his carport and noted that
the fines have been accumulating daily since January.
Commissioner Turkin arrived at 6:43 P.M.
3
City Commission Meeting
Boynton Beach, FL November 19, 2024
Cindy Falco De Corrado claimed that she had received all her information requested from
the Police and stated her intent to sue the City. She highlighted discrepancies in her
report.
There were no virtual comments.
Mayor Penserga closed public comments.
Commissioner Cruz highlighted the urgent need to improve the tennis courts and
proposed staff negotiate with a vendor, requesting this be added to a future agenda.
Mayor Penserga agreed on the importance of addressing the tennis court conditions and
requested an update at the next meeting.
Vice Mayor Kelley noted repeated complaints about the courts and requested a staff
update at the next meeting.
City Manager Dugger supported improvements, outlined costs, and stated that the CIP
would need to include the upgrades.
Commissioner Hay supported tennis court improvements, and raised concerns about a
resident being fined $75 daily while worse conditions exist nearby.
Candice Stone, Code Enforcement Officer, stated multiple properties in the area had
been cited, with some cases already addressed by the Special Magistrate.
Commissioner Turkin supported reviewing options for the courts and suggested
examining prior fines and liens related to the turf ordinance.
5. Administrative
A. Community Support Funds
Motion:
Commissioner Cruz moved to approve community support funds for Friends of the
Boynton Beach Library, for the Holiday Dinner Baskets. Commissioner Hay seconded the
motion. The motion passed unanimously.
Motion:
Vice Mayor Kelley moved to approve community support funds for Friends of the Boynton
Beach Library, for the Holiday Dinner Baskets. Commissioner Cruz seconded the motion.
The motion passed unanimously.
4
City Commission Meeting
Boynton Beach, FL November 19, 2024
Motion:
Commissioner Hay moved to approve community support funds for Young In Faith, LLC.
Vice Mayor Kelley seconded the motion. The motion passed unanimously.
Motion:
Vice Mayor Kelley moved to approve Pathways to Prosperity. Commissioner Cruz
seconded the motion. The motion passed unanimously.
Motion:
Commissioner Cruz moved to approve for PACE Center for girls, Palm Beach.
Commissioner seconded the motion. The motion passed unanimously.
B. Advisory Board Appointments.
Motion:
Commissioner Turkin moved to approve Cheryl Banks for the Affordable Housing
Advisory Committee. Commissioner Hay seconded the motion. The motion passed
unanimously
6. Consent Agenda
A. Proposed Resolution No. R24-276- Approve the Florida Green Finance
Authority Acknowledgement and Agreement form to confirm receipt of the
PACE Program Notice of Compliance and Addendum to the Second Amended
and Restated Interlocal Agreement.
B. Proposed Resolution No. R24-277-Approve and adopt the 2024 Revised Palm
Beach County Local Mitigation Strategy (LMS2024) as required as part of the
Disaster Mitigation Act of 2000, Title 44 of the Code of Federal Regulations
and Fla. State Statue 255.3655.
C. Proposed Resolution No. R24-278-Authorizing the Mayor to sign an Interlocal
Agreement between the City of Boynton Beach and the Town of Gulf Stream
to allow the Town to connect to the City's potable water system. The Town will
purchase potable water from the City for distribution and sale to its customers
within the Town service area.
D. Proposed Resolution No. R24-279- Accepting the Fiscal Year 2024- 2025
State Aid to Libraries Grant from the State of Florida, Department of State,
Division of Library and Information Services, and approve and authorize the
Mayor to sign the State Aid to Libraries Grant Agreement with the State of
Florida.
5
City Commission Meeting
Boynton Beach, FL November 19, 2024
E. Proposed Resolution No. R24-280- Approve the final ranking of the evaluation
committee and direct City staff to negotiate a contract with the highest ranked
firm, Jacobs Engineering Group, Inc., located in Fort Lauderdale, Florida for
Request for Qualification No. UTL24-031 for the East and West Water
Treatment Plant Upgrades and Treatment Options Evaluation, Planning and
Design for Emerging Contaminants Removal - Engineering Services.
F. Proposed Resolution No. R24-281- Approve Waiver of Right of First Refusal
for the property located at 21 Ridge Pointe Drive, Unit C, Boynton Beach, FL
33435, owned by Leroy A. Prescod and Denise D. Prescod.
G. Proposed Resolution No. R24-282- Accepting the Florida Department of
Transportation (FDOT) Speed and Aggressive Driving Grant authorizing
the Mayor and Police Chief to execute the grant agreement and any other
documents necessary to facilitate the intent of this resolution.
H. Proposed Resolution No. R24-283- Accepting the Florida Department of
Transportation (FDOT) Occupant Protection Grant in the amount of $25,000
and authorize the Mayor and Police Chief to execute the Subrecipient Grant
Agreement, and any other documents necessary to facilitate the intent of this
resolution.
I. Proposed Resolution No. R24-284- Approve the Utility Work Agreement
(UWA) between the Florida Department of Transportation (FDOT) and the City
of Boynton Beach for 1-95 Interchange and Boynton Beach Blvd.
improvements project.
J. Proposed Resolution No. R24-285- Approve and authorize the Mayor to sign
Art Agreements between the City of Boynton Beach and Visual Artists to
display artwork in the Cultural Center and/or as part of the International Kinetic
biennial art exhibition (indoor and outdoor).
K. Proposed Resolution No. R24-286- Approving an Agreement for Use of
Property between the City of Boynton Beach and BB1 Development, LLC for
parking for the 2024 Holiday Parade event on Saturday, December 7, 2024.
L. Proposed Resolution No. R24-287- Approving an Agreement for Use of
Property between the City of Boynton Beach and Journey Community Church,
Inc. for parking for the 2024 Holiday Parade event on Saturday, December 7,
2024.
M. Proposed Resolution No. R24-288- Approving an Agreement for Use of
Property between the City of Boynton Beach and 315 South Federal, LLC for
6
City Commission Meeting
Boynton Beach, FL November 19, 2024
parking for the 2024 Holiday Parade event on Saturday, December 7, 2024.
N. Proposed Resolution No. R24-289- Amending Resolution No. R24-191
adopting the Annual Comprehensive Fee Schedule Attachment to reflect the
Utility Department Rate Changes for Fiscal Year 2024-2025 that were
approved by the City Commission in the budget.
O. Proposed Resolution No. R24-290- Amend the adopted Comprehensive Fee
Schedule for Fiscal Year 2024-2025, as approved by Resolution No. R24-191,
by amending the Fee Schedule for Recreation & Parks Division.
P. Proposed Resolution No. R24-302- Approving a final plat titled "Cottage
District IPUD" for the Pulte Cottage District Project of property generally
located between NE 5th Avenue and NE 4th Avenue and between Seacrest
Boulevard and NE 1st Street, contingent upon the approval and execution of
the Plat by the Boynton Beach Community Redevelopment Agency.
Q. Proposed Resolution No. R24-303- Approve budget amendment for FY2023-
24, adjusting the budget appropriations and revenue sources and providing
spending authority for various Funds, Operating Departments, and Capital
Budgets.
R. Proposed Resolution No. R24-304- Approve Agreement for Purchase and
Sale of Real Property with The Trustees of First Presbyterian Church of
Boynton Beach, Florida, Inc. for the Purchase of Real Property located at 235
SW 6th Avenue, Boynton Beach, Florida 33435 for the creation of a future
neighborhood park.
Motion:
Commissioner Turkin moved to approve the consent agenda. Commissioner Hay
seconded the motion. The motion passed unanimously.
7. Consent Bids and Purchases over $100,000
A. Proposed Resolution No. R24-291- Approve contract award for RFQ No.
CW24-001 for General Engineering Consulting Services with Baxter &
Woodman, Inc., BEA Architects, Inc., Carollo Engineers, Inc., Caulfield &
Wheeler, Inc., CDM Smith, Inc., Chen Moore and Associates, Inc., Colliers
Engineering & Design, Inc., CPZ Architects, Inc., Craven Thompson &
Associates, Inc., EXP U.S Services, Inc., GHD Services, Inc., Hazen and
Sawyer P.C., Jacobs Engineering Group, Inc., Johnson, Mirmiran &
Thompson, Inc., Keith and Associates, Inc., Kimley-Horn and Associates, Inc.,
McKim & Creed, Inc., Miller, Legg & Associates, Inc., RADISE International,
L.C., South Florida Engineering and Consulting LLC, Tierra South Florida, Inc.,
7
City Commission Meeting
Boynton Beach, FL November 19, 2024
and West Architecture + Design, LLC, approve Agreements with each
awarded Vendor, and approving Task Order No. GES-1J-01-25 with Keith &
Associates, Inc., for an amount not to exceed $159,000 for the Mangrove Park
Boardwalk Removal Project and Task Order No. GES-1E-01-25 with CPZ
Architects, Inc., for an amount not to exceed $135,000 for the Lawrence Road
- Beautification Project subject to approval by the City Attorney's Office.
B. Proposed Resolution No. R24-292- Approve Amendment No. 1 to Task Order
UT-1A-02 with Carollo Engineering, Inc., in the amount of $240,827 for a new
total Task Order amount of $397,832 for professional engineering services
required for the design, project management, and construction support
services during construction to implement electrical and standby power
improvements to western wellfield, wells #4, #5, #7, and #8.
C. Proposed Resolution No. R24-293- Approve Amendment No.1 to Task Order
UT-1A-03 with Carollo Engineering, Inc. in the amount of $80,907 for a new
total contract amount of $458,233 for professional engineering services
required for the design and permitting of Structural, Filtration, and Disinfection
improvements at the East Water Treatment Plant.
D. Proposed Resolution No. R24-294- Award Invitation to Bid No. WH24- 078 for
the Annual Supply of Original Equipment Manufacturer (OEM) Services and
Parts for Small and Light Duty Vehicles and Equipment to Al Packer Inc. and
Mike Maroone Chevrolet, and approve Agreements with the Awarded Vendors
with an annual expenditure not to exceed $200,000.
E. Proposed Resolution No. R24-295- Approve the purchase of additional
license, maintenance, and support for Genesys Contact Solution from Global
Technology Solutions, Inc. for an amount not to exceed $200,000.
F. Proposed Resolution No. R24-296- Approve and ratify the purchase of
Benefits Software Subscription from Governmentjobs.com, Inc., and approve
increasing purchase order #240517 with Governmentjobs.com, Inc., to a new
total purchase order amount not to exceed $200,000, for a human resources
software subscription.
G. Proposed Resolution No. R24-297- Approve the purchase of twenty-two (22)
vehicles for replacement, which are scheduled in the FY2024/2025
replacement budget, by utilizing the Florida Sheriff's Association Contract
FSA24-VEL32.0, the Florida Sheriff's Association Contract FSA23-EQU21.0,
and the HGACBuy Contract AM10-23, for an estimated total amount of
$2,183,255, plus a contingency of twenty-two percent (22%) or $480,316.19
for vehicle increases, should these vehicles no longer be available and new
models be delivered, and authorize the Mayor to execute all documents
necessary to effectuate the purchases.
8
City Commission Meeting
Boynton Beach, FL November 19, 2024
H. Proposed Resolution No. R24-298- Approve the purchase of five (5) New
Mowers for The Links at Boynton Beach- Golf Course, from Davco Turf
Corporation, in the amount of $127,235 plus a contingency of twenty-two
percent (22%) of $22,991.70, and authorize the Mayor to execute all
documents necessary to effectuate the purchase.
I. Proposed Resolution R24-299- Approve an increase to purchase order No.
240248 for TK Elevator Corporation, in the amount of $91,500.21, for a new
total amount of $125,336.03 to process payment for past due invoices dated
from FY2024 and FY2023.
J. Proposed Resolution No. R24-300- Approve increases to the expenditure
amounts for water treatment plant chemical and services contracts for FY
2023-2024.
K. Proposed Resolution No. R24-301- Approve Task Order No. GESUT- 1C-01-
25 with Carollo Engineers, Inc. for Collection System Inventory, Mapping,
Evaluation and Document Capacity, Management, Operations, and
Maintenance Program (CMOM) in the amount of $497,765.
L. Approve the renewal and annual expenditure for the one-year extension for
RFPs/Bids and/or piggybacks for the procurement of services and/or
commodities over $100,000 as described in Exhibit A for November 19, 2024
- "Request for Extensions and/or Piggybacks."
Motion:
Commissioner Turkin moved to approve the Consent Bids and Purchases over$100,000.
Commissioner Hay 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. Proposed Ordinance No. 24-023- Second Reading, an Ordinance of the City
Commission of the City of Boynton Beach, Florida, amending Chapter 26
"water, sewers, and utilities," Article IV "sewers," Division 4, "industrial and
commercial waste," Subdivision D "use of public sewers," by creating Section
26-147.5 entitled "dental facilities that remove or replace amalgam fillings,"
providing for local implementation of the effluent limitations guidelines and
standards for dental category adopted by the State of Florida; providing for
conflicts, severability , codification, and an effective date. Proposed Ordinance
9
City Commission Meeting
Boynton Beach, FL November 19, 2024
No. 24-024- Second Reading, An Ordinance of the City Commission of the
City of Boynton Beach, Florida, amending the Code of Ordinances of the City
of Boynton Beach Chapter 26 "water, sewers, and utilities,"Article IV"sewers,"
Division 4 "industrial and commercial waste," subdivision a "general
provisions," Section 26-115, "abbreviations and definitions," to adopt
definitions for hazardous waste pharmaceuticals, healthcare facility ,
pharmaceutical, and reverse distributor, and to correct order; amending
Chapter 26 "water, sewers, and utilities," Article IV "sewers," Division 4
"industrial and commercial waste," subdivision D "use of public sewers,"
Section 26-142, "prohibited discharges to sewers," to add hazardous waste
pharmaceuticals to the list of substances prohibited from being introduced to
the City's treatment works; providing for conflicts, severability , codification,
and an effective date.
City Clerk De Jesus read the Ordinance title into the record.
Dr. Poonam Kalkat, Utilities Director, reported that there were no changes from the first
reading.
Mayor Penserga opened public comments. No one came forth to speak. He closed public
comments.
Motion:
Commissioner Turkin moved to approve Ordinance No 24-023, on second reading.
Commissioner Hay seconded the motion. In a roll call vote, the motion passed
unanimously.
Motion:
Vice Mayor Kelley moved to approve Ordinance No. 24-024, on second reading.
Commissioner Cruz seconded the motion. In a roll call vote, the motion passed
unanimously.
9. City Manager's Report- None
A. Receive update on the status of future agenda items.
City Manager Dugger provided updates on future agenda items.
Mayor Penserga expressed interest in addressing senior affordable housing and a
grocery store asked about establishing related policies.
Assistant City Manager Temple projected a significant increase in affordable housing
soon.
10
City Commission Meeting
Boynton Beach, FL November 19, 2024
Commissioner Cruz mentioned being busy but assured engagement soon regarding Item
D.
City Manager Dugger stated that the matter regarding Item E could be resolved quickly.
Vice Mayor Kelley, regarding Item F, that she will have an upcoming meeting with City
Clerk De Jesus and requested adding affordable housing to a future agenda to discuss
attracting more to the City.
Mayor Penserga inquired about enhancing the Ocean Avenue Bridge to highlight it
further.
Commissioner Turkin supported the idea and suggested surveying residents about pole
colors.
Deputy City Manager Mack stated that a project related to the bridge is in progress and
will be addressed at the next meeting.
Vice Mayor Kelley proposed reviewing the original pole colors before deciding.
10. Regular Agenda
A. Update on future upgrade plan for water treatment plants to meet future
drinking water regulations.
Dr. Kalkat discussed the impacts of future drinking water regulations on water treatment
facilities, including emerging contaminants and PFAS.
Vice Mayor Kelley asked how the City could proactively address this issue and phase out
PFAS.
Dr. Kalkat explained the following: existing regulations; potential legal actions against
contributors; and steps being taken, including the fire department's efforts to phase out
PFAS; PFAS prevalence; rule implementation timelines; steps to meet requirements; and
future plans.
Mayor Penserga thanked Dr. Kalkat for the presentation, emphasized the importance of
planning, and acknowledged her and Deputy City Manager Mack for showcasing the
water treatment facilities.
Dr. Kalkat invited the Commissioners for a tour.
11. Future Agenda Items
11
City Commission Meeting
Boynton Beach, FL November 19, 2024
A. Draft review of Procurement Policies and Procedures, including local business
preference. - February 18, 2025
B. Discussion regarding Rapid Re-housing Program - Pending meeting with
Mayor Penserga
C. Discussion regarding combining City properties together to create senior
affordable housing . - Pending meeting with Mayor Penserga
D. Discussion regarding Amendments to the Code of Ordinances regarding
flooding in the community.- Pending meeting with Commissioner Cruz
E. Discussion regarding Hazard Pay for Community Standards.- Pending
meeting with Commissioner Cruz
F. Discussion regarding requirements for Advisory Board Appointments.-
Pending meeting with Vice Mayor Kelley
12. Adjournment
Commissioner Turkin requested more information on residency requirements for the
City Charter, related to elections, and sought clarification on legal mechanisms for
verification.
City Attorney Lamb responded that other cities have more specific ordinances on this
matter and offered to provide examples.
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 7:34 P.M.
CITY OF BOYNTON BEACH
ATT :
Maylee me J= us, MPA, MMSG
City Cler
12