Minutes 05-06-25 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, May 6, 2025, at 6:00 M.
Present:
Rebecca Shelton, Mayor Dan Duggar, City Manager
Woodrow L Hay, Vice Mayor Maylee De Jesus, City Clerk
Angela Cruz, Commissioner Shawna Lamb, City Attorney
Aimee Kelley, Commissioner
Absent:
Thomas Turkin, Commissioner
1) Openings
1.A) Call to Order - Mayor Rebecca Shelton
Mayor Shelton called the meeting to order at 6:00 P.M.
Maylee De Jesus, City Clerk, called the roll. A quorum was present.
Invocation given by Pastor Roberts, Calvary Chapel Boynton Beach.
The invocation was given by Pastor Roberts, Calvary Chapel.
Pledge of Allegiance to the Flag led by Mayor Rebecca Shelton.
Commissioner Kelley led the members in reciting the Pledge of Allegiance to the Flag.
City Manager Dugger mentioned that since Commissioner Turkin was absent, he would
like table the following items 5A, 5C, 8A and 8B on second reading, and item 10F. He
mentioned that item 7E was added.
Commissioner Hay asked if we could table them all at once.
City Attorney Lamb said yes.
Agenda Approval:
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City Commission
Boynton Beach, Florida May 6, 2025
1. Additions, Deletions, Corrections
2. Adoption
Motion:
Commissioner Cruz moved to table items 5A, Commissioner Turkin's appointments
on item 5C, 8A & 8B on second reading, and item 1OF to the next meeting.
Commissioner Hay seconded the motion. The motion passed unanimously.
2) Other
2.A) Information Items by members of the City Commission.
Commissioner Cruz stated that she participated in the Hispanic/American Chamber
of Commerce Women's Forum.
Vice Mayor Hay stated that he attended the First Friday event, and that he visited
the ICHS College on Congress Avenue and mentioned that it is a great facility. He
encouraged everyone to visit.
Mayor Shelton commended staff for the Taste of Boynton event.
Commissioner Kelley also commended staff for their work on the Taste of Boynton.
She said that some of them attended the Travis Hunter Draft Party, and that his
family was super excited to see how he does in Jacksonville.
3) Announcements, Community and Special Events and Presentations
3.A) Proclamation- Mental Health Awareness and Trauma Informed Care
Month.
Vice Mayor Hay read the Proclamation into the record.
Gerda Klein thanked the Commission for the Proclamation, and introduced Kenya
Madison, who is working with her to spread the word on Get Your Green On.
Ms. Madison thanked the Commission for the opportunity, and mentioned the Teen
Proclamation and explained the teens that have been involved with creating a youth
proclamation and mental health awareness. She mentioned the Get your Green On bus
that is traveling around the County as it carries resources.
3.B) Proclamation- National Police Week and Peace Officers Memorial Day_
Mayor Shelton read the Proclamation into the record.
Chief DeGiulio thanked the Commissioners for the Proclamation and the staff for all they
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do.
3.C) Presentation by S. Lizabeth Martin of the Palm Beach County Commission
on Ethics.
Ms. Martin spoke about what the PBC Commission on Ethics does and who they are and
encouraged anyone to call.
4) Public Audience
Allen Bornstein spoke about the Tennis Courts and thanked staff for working with him on
this.
Mack McCray stated that he has a concern, coming off of 1-95, the event signs on 2x4's
are not painted, and they are an eyesore. He stated that there is a lot of construction
going on and nails should be kept where they are supposed to be.
Ramona Young stated that Ray Whitely sent an email in regards to the website access
to listen to the meetings online. She stated that Mayor Shelton stated that she was going
to speak to someone in regards to making this more user friendly.
David Katz spoke about the Human Rights Ordinance that failed over 30 years ago when
he was on the Commission. He spoke about the painted intersection that is about
inclusion, and asked to have it removed and replaced with the City Logo.
Kathy (no last name given) stated that she is learning how this City works, and she
apologized for speaking too soon at another meeting because she did not realize there
were different areas of ownership. She congratulated the Mayor for picking up and
moving forward with running the City. She asked to know what the process is with
development and what is permissible. She mentioned the events that she has attended
and the staff that she has spoken to, who were all friendly and professional.
Barbara Ready brought up a few concerns that she has about some items on the
Consent Agenda and stated that she is concerned with transparency. She spoke about
the Public Art Master Plan that is in the Consent Agenda, and there will be no time to
speak on it. She also spoke about the Comprehensive Plan and said that she is
concerned with the company that is being hired for this, and mentioned that she hopes
that this is not the way that the City is going.
Online Comments:
Susan Oyer stated that she sent an email to all of the Commissioners and that she is
against the Arts Ordinance. She mentioned not needing to take power away from the
Boards.
Mayor Shelton closed Public Audience.
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5) Administrative
5.A) Proposed Resolution No. R25-105- Appoint a City Commission
representative and alternate to the Transportation Planning Agency
(Formerly known as the MPO, Metropolitan Planning Organization).
This item was tabled at the beginning of the meeting.
5.B) Community Support Funds.
Motion:
Commissioner Kelley moved to approve Community Support Fund for Aid to Victims of
Domestic Abuse, in the amount of$1000, requested by Mayor Shelton. Vice Mayor Hay
seconded the motion. The motion passed unanimously.
5.C) Advisory Board Appointments.
Motion:
Mayor Shelton moved to approve Dwight Torres as an Alternate to the Building Board
of Adjustment and Appeals. Commissioner Kelley seconded the motion. The motion
passed unanimously.
6) Consent Agenda
6.A) Proposed Resolution No. R25-106- Grant authority to the Mayor or City
Manager to sign Minor Development Applications, Major Development
Applications, Building Permit Applications and associated forms.
6.13) Proposed Resolution No. R25-107- Approve Task Order No. GESUT- 2G-
02-25 with GHD Services, Inc., to conduct a living shoreline assessment
in an amount not to exceed $59,945.
6.C) Proposed Resolution No. R25-108- Awarding Request for Proposal No.
PD25-015 for Towing and Storage Services to Kauffs of Palm Beach, Inc.,
and Becks Towing and Recovery, Inc., and approving agreements with
both Contractors.
6.D) Proposed Resolution No. R25-109- Approving and authorizing the
assessment and recording of nuisance abatement liens against properties
in the public records of Palm Beach County.
6.E) Proposed Resolution No. R25-110-Approve the temporary lane closures
in the right lane of State Road 5 (Federal Highway) from NE 15th Avenue
to Gateway Boulevard and approximately 400 feet of the left lane heading
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Southbound from Gateway Boulevard on State Road 5 (Federal Highway)
on Friday, July 4, 2025 for the annual 4th of July event, and authorize the
City Manager, or designee, to apply for the State permit for the temporary
road closure.
6.F) Proposed Resolution No. R25-111- Authorizing the City's application for
the Florida Department of Law Enforcement (FDLE) FY24-25 Drone
Replacement Grant Program, and ratifying the Drone Replacement
Program Financial Assistance Agreement between the City and FDLE.
6.G) Proposed Resolution No. R25-112- Approve the purchase of additional
services for General Financial and Rate Consulting from Ryper Water
Analytics, as a professional service, acquired by Purchase Order, in an
aggregate amount not to exceed $70,000.
6.H) Proposed Resolution No. R25-113- Ratifying the Conflict of Interest
Waiver relating to Lewis, Longman & Walker, P.A., representing the South
Central Regional Wastewater Treatment Board as General Counsel.
6.1) Proposed Resolution No. R25-114- Approving the Conditional Settlement
and Release of Claim in the matter of Joshua Bernstein v. City of Boynton
Beach, totaling $150,000.
6.J) Proposed Resolution No. R25-115- Approve the final ranking for RFP No.
PLDEV25-012R Public Art Master Plan Review (Consultant) as
recommended by the evaluation committee and allow negotiations to
begin with the top-ranked proposer Machinic, LLC, Future Forms, and if
negotiations fail to culminate into an agreement with the top-ranked
proposer, enable staff to terminate negotiations and allow negotiations to
begin with the 2nd-ranked proposer Designing Local, LLC.
6.K) Proposed Resolution No. R25-117- Ratifying the City's application for the
Office of the Attorney General, Bureau of Advocacy and Grants
Management- FY 25-26 Victims of Crime Act (VOCA) Grant Program, and
if awarded, authorize the City to accept the Grant and authorizing the City
Manager to sign all documents associated with the Grant subject to the
approval of the City Attorney.
6.L) Commission Meeting Minutes.
Motion:
Vice Mayor Hay moved to approve 6) Consent Agenda. Commissioner Kelley seconded
the motion. The motion passed unanimously.
7) Consent Bids and Purchases over $100,000
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7.A) Proposed Resolution No. R25-119- Approving a sole source agreement
with CROM Coatings and Restorations, a division of CROM, LLC, for
Drinking Water Storage Tank Inspections and Repairs services on an as-
needed basis in an annual amount not to exceed $350,000 annually.
7.6) Proposed Resolution No. R25-120- Award Invitation to Bid No. PWE25-
022B for the Boynton Beach Fire Station #5 EOG Re-Roofing,
Waterproofing & Painting Project to Best Roofing Services LLC, and
approve the Agreement with Best Roofing Services LLC in an amount of
$408,451.58, plus a 10% contingency of $40,845.15 for a total not to
exceed $449,296.58. Proposed Resolution No. R25-121- Approve a
budget amendment amending GIP 303 Fund, increasing the budget from
$375,000 to $449,297, utilizing $72,297 of the fund balance.
7.C) Proposed Resolution No. R25-122- Approving Amendment No. 1 (with
100% principal forgiveness) to the State of Florida Department of
Environmental Protection Drinking Water State Revolving Fund Planning
and Design Loan Agreement DW501300 to develop the Water Treatment
plant(s) planning and design project(s) intended to address drinking water
compliance with proposed regulations related to emerging contaminants,
to increase the loan amount by $232,821 and provide a one-year
extension through August 15, 2027.
7.D) Proposed Resolution No. R25-123- Award Request for Proposals No.
PLDEV25-011 R for Comprehensive Plan Review Professional Services to
Chen Moore and Associates, Inc., and approve an Agreement between
Chen Moore and Associates, Inc., and the City in the amount of$148,000.
7.E) Proposed Resolution No. R25-124 Approve a Piggyback Agreement with
RISK MANAGEMENT ASSOCIATES, INC. A/K/A BROWN &
BROWN PUBLIC SECTOR through the Town of Jupiter RFP HR001-
2023 for Property and Casualty Insurance.
Commissioner Kelley pulled item 7E, which was just added, and asked for more
information.
Motion:
Commissioner Kelley moved to approve Consent Bids and Purchases over
$100,000, as amended. Commissioner Cruz seconded the motion. The motion passed
unanimously.
7E. Proposed Resolution No. R25-124 Approve a Piggyback Agreement with
RISK MANAGEMENT ASSOCIATES, INC. A/K/A BROWN & BROWN
PUBLIC SECTOR through the Town of Jupiter RFP HR001- 2023 for
Property and Casualty Insurance.
Commissioner Kelley pulled item 7E, which was just added, and asked for more
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information.
Attorney Lamb spoke about terminating the prior broker, and adding a broker for a
period of time, for Risk Management.
Commissioner Kelley asked for clarification on the timeframe.
Attorney Lamb stated that they have one, two-year extension available.
Motion:
Commissioner Cruz moved to approve Proposed Resolution No. R25-124.
Commissioner Kelley 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.
Item 8 was previously tabled.
8.A) Proposed Ordinance No. 25-003- Second Reading, An Ordinance of the
City Commission of the City Of Boynton Beach, Florida, Amending Part III
'Land Development Regulations," Chapter 1 "General Administration,"
Article II "Definitions;" amending Chapter 2 "Land Development Process,"
Article II "Planning and Zoning Division Services," Section 5 "Permit
Applications;" amending Chapter 3 "Zoning," Article V "Supplemental
Regulations," Section 3 "Common Building Appurtenances, Freestanding
Structures and Site Amenities, Excluding Walls and Fences;" amending
Chapter 4 "Site Development Standards," Article VIII "Utility Infrastructure
Design Standards," Section 3 "Standards;" Establishing Regulations for
artificial turf; providing for codification; providing for severability; providing
for conflicts; and providing for an effective date.
This item was tabled at the beginning of the meeting.
8.B) Proposed Ordinance No. 25-004- Second Reading, An Ordinance of the
City Commission of the City of Boynton Beach, Florida, amending the art
in public places and public beautification regulations of the code of
ordinances; repealing part II "Code of Ordinances," Chapter 2
"Administration," Article XI "Arts Commission," and Article XII "Art in Public
Places Program;" repealing Chapter 27 "Advisory Boards and
Committees," Article II "Boynton Beach Art Advisory Board," Section 27-
21 "Intent," Section 27-22 "Definitions," Section 27-25 "Establishment of
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Public Art Fee," Section 27-26 "Public Art Fund," and Section 27-27 "Art
in Public Places Guidelines;" amending Chapter 27 "Advisory Boards and
Committees," Article II "Boynton Beach Art Advisory Board," Section 27-
24 "Purpose and Duties;" amending Part III "Land Development
Regulations," Chapter 1 "General Administration." Article II "Definitions,"
and Article V "Housing Initiatives," Section 1 "State Housing Initiatives
Partnership Act;" amending Part III "Land Development Regulations,"
Chapter 2 "Land Development Process," Article VI "Impact and Selected
Fees," Section 5 "Art in Public Places:" amending Chapter 4 "Site
Development Standards," Article XIV "Murals;" establishing regulations to
regulate and provide standards of the art in public places program and
public beautification; providing for codification; providing for severability;
providing for conflicts; and providing for an effective date.
This item was tabled at the beginning of the meeting.
9) City Manager's Report
None.
10) Regular Agenda
10.A) Proposed Ordinance No. 25-005- First Reading, An Ordinance of the City
of Boynton Beach Florida, repealing and replacing Part II, Chapter 18,
Article 11, Division 5, Section 18-145 "City of Boynton Beach Investment
Policy for General Employees' Pension Fund," to enable the Pension Plan
Trustees to adopt and modify a City of Boynton Beach Investment Policy
for the General Employees' Pension Fund; providing for codification;_
providing for severability of provisions; repealing all Ordinances and
Resolutions in conflict herewith and providing for an effective date.
City Clerk DeJesus read Proposed Ordinance No. 25-005 by title only on First Reading.
Attorney Lamb stated that there was a provision in the current ordinance restricting the
way that the investors could invest, and with this ordinance would alleviate that. She said
that the investments would be governed by the Pension Board Trustees.
Motion
Vice Mayor Hay moved to approve Proposed Ordinance No. 25-007, on First Reading.
Commissioner Kelley seconded the motion. In a roll call vote, the motion passed
unanimously.
10.B) Proposed Ordinance No. 25-006- First Reading, An Ordinance of the City
Commission of the City Of Boynton Beach, Florida, Amending Part II,
Chapter 27, Article I, Section 27-2 "Board or Committee Member
Selection; Organization; Qualifications; Term," establishing limited
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authority to waive certain appointment requirements; providing for
codification; providing for severability; providing for conflicts; and providing
for an effective date.
City Clerk DeJesus read Proposed Ordinance No. 25-006 by title.
Attorney Lamb stated that this is at the direction of Commissioner Kelley, to waive
qualifications of terms of the advisory board members.
Commissioner Kelley stated that Commissioner Turkin also was a proponent of this.
Attorney Lamb said that second reading is May 20th
Commissioner Cruz asked if they can they add preference for people who have been
serving on the boards, to continue to serve.
Commissioner Kelley said that this is to allow the current member extension to stay
on the board another term.
Attorney Lamb explained a few situations that could be possible.
Motion
Commissioner Cruz motioned to add a line to provide preference for members that are
termed out, to be extended.
Attorney Lamb said that there has to be consensus. She asked if the Commission would
like to have her draft additional language.
Commissioner Kelley said that she is confused as to what additional language needs
to be added.
Vice Mayor Hay said that he would like to have this to be more specific.
Commissioner Lamb stated that there are several types of waivers that are listed, and
she explained them.
Vice Mayor Hay asked for clarification for someone who has reached their limit.
Attorney Lamb said that the individual needs to request that extension. She mentioned
what language would be appropriate to add in different sections of the ordinance.
Commissioner Kelley mentioned that there should be a purpose, because if we offer
waivers, why have term limits. She said that we need to have more conversations about
this.
Attorney Lamb stated that because there are additional questions, it is best to table it.
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Motion:
Commissioner Kelley moved to table 10.B. Vice Mayor Hay seconded the motion. The
motion passed unanimously.
10.C) Proposed Ordinance No. 25-007- First Reading, An Ordinance of the City
of Boynton Beach, Florida, repealing Article XIII, Section 15-134 through
15-137 of Chapter 15 and any amendments thereafter which established
and revised the prohibition of conversion therapy on minors in the City of
Boynton Beach; providing for conflicts; severability; and an effective date.
City Clerk DeJesus read Proposed Ordinance N. 25-007 by title.
Attorney Lamb mentioned that the 11th Circuit Court indicated that this violates First
Amendment Rights, and is unconstitutional, so at this time, this is not something we can
have an ordinance on, so the City is seeking to repeal it.
Motion:
Commissioner Cruz moved to approve Proposed Ordinance No. 25-007, on First
Reading. Vice Mayor Hay seconded the motion. In a roll call vote, the motion passed
unanimously.
10.D) Proposed Ordinance No. 25-008- First Reading, An Ordinance of the City
of Boynton Beach, Florida, Repealing Chapter 2, Article I, Section 2-19 of
the City Code of Ordinances entitled "Drug Free Work Place;" Renaming
Chapter 2, Article X to be entitled "Employee Handbook," Renaming and
Amending Section 2-151 entitled "Personnel Policy Manual Adopted by
Reference" to rename the section "Employee Handbook and Drug Free
Workplace Adopted by Reference;" Providing for Conflicts, Severability,
Codification, and an Effective Date.
City Clerk DeJesus read Proposed Ordinance 25-008 by title.
Attorney Lamb stated that this is to change the reference in the Code to "Employee
Handbook," so it's just a clean up. She said that we are repealing the drug free
workplace because it is incorrect, and it will be in the policy instead of in an ordinance.
Motion:
Commissioner Kelley moved to approve Proposed Ordinance No. 25-008, on First
Reading. Vice Mayor Hay seconded the motion. In a roll call vote, the motion passed
unanimously.
10.E) Capital Improvement Plan quarterly project update.
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Rick Hoffer, Assistant Director of Public Works, spoke about the Public Works CIP
Quarterly Update and noted the following completed projects: Mission Hill Bridge =
repair project; Lake Boynton Estates-paving; Jaycee Park -Fishing Pier Repairs;
Intracoastal Park - restroom epoxy floor project, the Meadows split rail fencing, fencing
and access gate; Jaycee Park Playground removal project; Denson Pool - heaters;
Quantum Boulevard; roundabout pavement project; Cultural Center Auditorium, which
will be completed by the end of the year; the SE 1st Street upgrades; Pioneer Park- Boat
Ramp will start construction in August 2025; Oyer Park; Fire Department- Boat Dock and
Lift and the bid was awarded; Fire Station #2 (hardening) will begin construction in
August 2025; SE 36th Avenue (Gulfstream Blvd.) Road Rehab is anticipated to start
construction in January 2026; The Sara Sims Cemetery- Expansion and traffic circulation
improvements is expected to start construction in June 2025 and completed by
November 2025; Mangrove Park should be finished in February 2026; the Harvey Oyer
Jr. Park Pier Replacement and other upgrades is in concept design and should be
completed this month; Pence Park Reconstruction should commence construction this
month; the Notice to Proceed for Centennial Park Turf project should proceed this month;
the Oyer Park Marine Complex for Fire and Police construction should start January
2026; Jaycee Park New Play Structure design start should be this month; Lawrence
Road Beautification has an anticipated design start is June 2025; San Castle is delayed
about a month; and a new Fire Station #3 and the RFQ should be in August 2025.
Commissioner Cruz stated that regarding Golfview Harbour paving, she did not see it as
part of this presentation.
Kevin Ramsey, Public Works Director, stated that he remembers telling them that it will
start by October 1st, and he explained their timeline.
Commissioner Cruz stated that they were told between April it was going to start and
that it would be finished by June. She asked for clarification on dates.
Dan Dugger, City Manager, stated that he would like dates for paving to be sent to the
Commissioners.
Vice Mayor Hay asked if there has been a study on chips on the playground instead of
the rubber, in terms of injury.
Mr. Hoffer said that he is not aware of a study, but will look into it.
Vice Mayor Hay spoke about the park in Palmetto and asked if it is on the plan.
Mr. Hoffer spoke about the improvements.
Andrew Mack, Deputy City Manager, stated that they previously added lights to that park,
but that there has been a tremendous clean up at that park and stated that this is a park
that he would like to have a discussion about, if they want to keep this here or move it or
do something else with it.
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Vice Mayor Hay said that this location attracts misbehavior.
There was consensus from the board that it attracts misbehavior.
Mr. Dugger stated that the park is in the CRA District, so they could speak to the CRA
about it, and spoke about different strategies for funding.
Commissioner Kelley stated that there was an update a few meetings ago about the
paving plans and asked about Meadows and if they are planning on paving.
Mr. Ramseys spoke about their goal to pave every street in the Meadows by October
1st.
Commissioner Kelley asked about future plans after the paving plans are completed and
wanted to delay some projects because if the County will provide funding, they will be
completed later.
Mr. Ramsey said that they would wait to see what would happen with funding from the
County or State.
Vice Mayor Hay spoke about turf in the amphitheater, and asked if this will take a
beating because of all of the events.
Mr. Ramsey stated that it would and that this area will shut down the amphitheater until
July 7th.
Mayor Shelton stated that there were some complaints about people on
wheelchairs not being able to maneuver on the grass and access the vendor stands.
Mr. Ramsey said that this will fix it.
Commissioner Kelley asked what they are putting in, in the meantime.
Mr. Ramsey spoke about what they are adding to the amphitheater area.
10.E) City Attorney update and discussion requested by Commissioner Turkin
regarding campaign filing fees, sign bonds, and petitions.
This item was tabled at the beginning of the meeting.
10.F) City Attorney request for Shade Meetings.
Attorney Lamb stated that the first one she is requesting is in regards to the E2L, and
the second one is in regards to Mark Sohn vs the City. She explained what the options
could be.
Vice Mayor Hay asked if these would be about 30 minutes or more.
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Attorney Lamb stated that she is not primary counsel, and she suggested 45 minutes
each.
There was agreement to address the Mark Sohn session on May 13th, and the E2L on
the 20th.
11) Future Agenda Items
11.A) Discussion regarding Citywide Master Plan to light up the City.- TBD
11.B) Discussion regarding creating a beautification board. - TBD
11.C) Discussion on utility lift station upgrades and odor control - TBD
11.D) Discussion regarding fluoride in the water.- Pending proposed State
Legislation, Senate Bill 700.
11.E) Discussion regarding requirements for Advisory Board Appointments.-
Pending meeting with Commissioner Kelley
11.F) Discussion regarding the City's Comprehensive Plan. - Kickoff meeting
pending the award of the RFP.
11.G) Discussion in regards to an additional area that might be available as a
future cemetery.- Pending meeting with City Real Estate Manager.
11.H) Discussion regarding combining City properties together to create senior
affordable housing.- Pending Joint Meeting with the CRA.
11.1) Discussion regarding Amendments to the Code of Ordinances regarding
flooding in the community.- Pending meeting with Commissioner Cruz
11.J) Discussion on Animal Control position in Police Department.- Scheduled
to be heard with Budget Workshop.
Mayor Shelton stated that she would like to add items to the future: update to the website,
and move up the Animal Control position.
Attorney Lamb spoke about the Animal Control position, and said that she would like to
wait until after the legislative break, as it would require ordinance changes.
Mr. Dugger stated that this is going to be in the budget books, and those will be out the
second week of June.
Commissioner Kelley stated that they received an email with regard to the online platform
and suggested coming up with tutorials for people who are logging in online to attend the
meetings. She mentioned having staff available if someone needs help signing in.
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12) Adjournment
Mayor Shelton stated that she would like for the Commissioners to please respond to
their constituents, because she is getting a lot of complaints about that.
Motion:
Vice Mayor Hay moved to adjourn. Commissioner Kelley seconded the motion. The
motion passed unanimously.
The meeting was adjourned at 7:31 P.M.
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