Minutes 10-15-24 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, October 15, 2024, at 6:00 P.M.
Present:
Mayor Ty Penserga Daniel Dugger, City Manager
Vice Mayor Thomas Turkin-via online/arrived at 7:03 PM Shawna Lamb, City Attorney
Commissioner Angela Cruz Maylee De Jesus, City Clerk
Commissioner Woodrow L. Hay
Commissioner Aimee Kelley
1. Agenda Items
A. Call to Order —Mayor Ty Penserga
Mayor Penserga called the meeting to order at 6:01 P.M.
Roll Call
City Clerk Maylee De Jesus called the roll. A quorum was present.
Invocation by Pastor Jeff Kelly, First Baptist Boynton.
Invocation was given by Pastor Kelly.
Pledge of Allegiance to the Flag led by Vice Mayor Aimee Kelley.
The Pledge was let by Vice Mayor Kelley.
Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
Motion:
Vice Mayor Kelley 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 Cruz stated that she has received emails from multiple companies
regarding item #10B.
Vice Mayor Kelley said that she has received multiple emails regarding item #10B as well.
Commissioner Turkin stated that in regards to item #10B, he spoke to Neil from Red
Speed and Joseph from Verra.
Commissioner Hay stated that he received an email in regards to item #10B. He said that
he was
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happy to attend the First Friday event for Hispanic Heritage Month. He apologized to the
public and to the staff for his actions at the last Commission Meeting, and said that it was
not very becoming of who he is. He spoke about the rumors that have been going around
the City, and what his position is on simple majority versus super majority. He mentioned
that it about 34 out of the 39 municipalities in Palm Beach County have a simple majority
vote on their charter, and he would like to take a look at this long term.
Mayor Penserga stated that misinformation is insidious
3. Announcements, Community and Special Events and Presentations
A. Announcement of Fall Festival
Mayor Penserga announced this event.
B. Announcement of the 2024 Boynton Beach Pirate Fest
Mayor Penserga announced this 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).
David Merker said that he respects Commissioner Hay because he served on the Board
with him, and that they should bring forward the simple majority option.
Susan Oyer thanked staff members Patrick Hart and Nicole Johnson that helped her last
week. She reminded everyone about Seacrest Estates Halloween Contest and said that
she needs a judge, and asked if anyone on the dais would like to be a judge. She spoke
about the tree pruning issue in her neighborhood, and not having any electricity because
one house does not cut their trees and it always causes an issue with electricity.
Cindy Falco De Corrado spoke about the simple majority vote versus the super majority
vote, and mentioned that she is not for this change. She spoke about her Police Report
being wrong, and about the incident that happened in the Commission Chambers when
she was removed.
David Katz spoke about the 4-1 Super Majority being put in place 29 years ago, and
mentioned the history of this issue.
Melissa Hankins spoke about needing the swales redone on her street. She mentioned
that on September 11, it rained for one hour and she could not leave her house because
it was flooded. She commented about kids in danger walking to school.
Karen Reinhart stated that she wanted to speak about what she heard regarding changing
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Boynton Beach, FL October 15, 2024
this to a sanctuary City. She mentioned the poles that have been put all over the City,
and said that nobody asked for it and wants to know what they were about. She stated
that residents should not cut trees when there are storms coming. She spoke about the
back side of the 195 wall being super dirty and needing to be cleaned.
Steve Huckerman suggested putting useful information in the water bills, such as about
who voted for what, for transparency.
There were no online comments.
5. Administrative
A. Advisory Board Appointments.
Motion:
Commissioner Turkin moved to approve Beverlee Coccoli as a Regular member of
the Library Board. Commissioner Hay seconded the motion. The motion passed
unanimously.
Motion:
Commissioner Cruz moved to approve Desirae Patterson as a Regular member of
the Municipal Firefighters Pension Trust Fund. Commissioner Hay seconded the
motion. The motion passed unanimously.
B. Community Support Funds
Motion:
Commissioner Turkin moved to approve community support funds for CSF Growing
Strong Ministries. Vice Mayor Kelley seconded the motion. The motion passed
unanimously.
6. Consent Agenda
A. Proposed Resolution No. R24-238- Accept the Grant award for the
Resilient Florida Program Implementation Grant for $536,952 with the
Florida Department of Environmental Protection for the City of Boynton
Beach Park Shoreline Resilience Project, approve Grant Agreement No.
25SRP19, and authorizing the Mayor to execute any documents necessary
to implement this Resolution, subject to the approval of the City Attorney's
Office.
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B. Proposed Resolution No. R24-239- Approve the auction of the
vehicles/equipment submitted by the Fleet Maintenance Division for
disposal by using the online auctioneer JJ Kane Auctioneers.
C. Proposed Resolution No. R24-241- Authorizing the Mayor to sign the
Florida Department of Environmental Protection (FDEP) consent order for
resolution of enforcement action, OGC No. 23-1330.
D. Proposed Resolution No. R24-242- Approving and authorizing the
assessment and recording of nuisance abatement liens against properties
in the public records of Palm Beach County.
E. Proposed Resolution No. R24-243- Approve the award of City of Boynton
Beach Main Roadway Sidewalk Pressure Cleaning Project to ET Pressure
Cleaning by waiving the procurement policy to promote local businesses
in the amount of $70,224 plus a 10% contingency amount of $7,022.40 for
a total estimated amount of $77,246.40.
F. Proposed Resolution No. R24-244- Approving and authorizing the Mayor
to sign a land use agreement between the City of Boynton Beach and 209
E. Ocean Investors, LLC, for the 2024 Pirate Fest event on Saturday,
October 26, 2024 and Sunday, October 27, 2024.
G. Proposed Resolution No. R24-245- Approving and authorizing the Mayor
to sign a land use agreement between the City of Boynton Beach and BB
North, LLC, for the 2024 Pirate Fest event on Saturday, October 26, 2024,
and Sunday, October 27, 2024.
H. Proposed Resolution No. R24-246- Approving and authorizing the Mayor
to sign a land use agreement between the City of Boynton Beach and BB1
Development, LLC for the 2024 Pirate Fest event on Saturday, October 26,
2024 and Sunday, October 27, 2024.
I. Proposed Resolution No. R24-247- Approve the Palm Beach County
consent form for the rezoning of Cypress Creek PUD (Planned Unit
Development).
J. Proposed Resolution No. R24-248- Approve the Release of Claim and
Indemnification Agreement for $85,000 in connection with claim no. FMIT
VA2023111341/ Tristar claim no. 21855649 for a Motor Vehicle Accident
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that occurred on or about May 23, 2021 .
K. Proposed Resolution No. R24-249- Approving the purchase of first
responder high-performance resuscitation workforce training,
Neuroprotective CPR training, from Med Alliance Group, Inc., a sole
source, in an amount not to exceed $54,600.
L. Proposed Resolution No. R24-250- Approving a Memorandum of
Understanding between SCORE of Palm Beach County and the City of
Boynton Beach.
M. Proposed Resolution No. R24-251- Approve the adoption of amended
"Exhibit A" to the Interlocal Agreement between the City of Boynton Beach
and the Boynton Beach CRA for funding construction and professional
services.
N. Proposed Resolution No. R24-252- Approve a drainage Easement
Agreement for 735 Shore Drive, Boynton Beach, Florida, with Rick A.
Sheffield, for the construction of a 10-foot Utility Easement for a new 24-
inch outfall as part of the Coquina Cove neighborhood improvement
project. Proposed Resolution No. R24-253- Approve a drainage Easement
Agreement for 801 Shore Drive, Boynton Beach, Florida, with Jared Collin
and Taylor Collin, for the construction of a 10-foot Utility Easement for a
new 24-inch outfall as part of the Coquina Cove neighborhood
improvement project
O. Proposed Resolution No. R24-254- Approve the purchase AWC A-102-
Plus Antiscalant for the West Water Treatment Plant in the amount of
$67,100 from American Water Chemicals, Inc. as the sole source supplier.
P. Proposed Resolution No. R24-255- Accepting the Grant award for the
General Program Support Grant for $36,878.11 with the Knight
Foundation, and execute all future documents associated with the grant,
subject to the approval of the City Attorney.
Q. Proposed Resolution No. R24-256- Approve the subordination of Utility
easement interests for parcel 800.7 for the Florida Department of
Transportation (FDOT), Woolbright Rd. and 1-95 Interchange
improvements project.
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R. Commission Meeting Minutes.
Motion:
Commissioner Hay moved to approve the consent agenda. Vice Mayor Kelley
seconded the motion. The motion passed unanimously.
7. Consent Bids and Purchases over $100,000
A. Proposed Resolution No. R24-257- Approve a Piggyback Agreement with
Pantropic Power, Inc., for Equipment Rental with Related Services to
maintain an emergency backup generator for the East Water Treatment
Plant in an amount not to exceed $136,871 .60. Utilizing the Sourcewell
NJPA Contract # 062320-CAT.
B. Proposed Resolution No. R24-258- Approve a piggyback agreement with
Herc Rentals, Inc., for the rental of portable generators, light towers, and
various related rental equipment for the Special Events Division, in an
amount not to exceed $150,000, utilizing State of Florida Contract #518-
410-19-ACS.
C. Proposed Resolution No. R24-259- Award Bid #UTL24-041 for
"Diesel/Propane Generator and Bypass Pump Maintenance and Repair
Service" to Zabatt Engine Services, Inc. The expected annual expenditure
amount for Public Works Department is $30,000 and for the Utilities
Department is $130,000 for a total estimated expenditure of $190,000.
D. Proposed Resolution No. R24-260- Approve the purchase of AWC A-782
Polyphosphate Corrosion-Inhibitor for Water Treatment Plants in the
amount of $107,136 from American Water Chemicals, Inc. as the sole
source supplier.
E. Proposed Resolution No. R24-261- Approve a piggyback agreement with
BFAV, LLC, d/b/a All on Stage Productions, for the rental of sound, stage,
and lighting services, in an amount not to exceed $150,000 per year,
utilizing City of Delray Beach RFP 2024-021 .
F. Proposed Resolution No. R24-262- Approve a piggyback agreement and
expenditure with Extreme Networks, Inc., for the purchase of network
equipment, network switch maintenance, and licensing in an amount not
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to exceed $200,000 a year, utilizing the State of Florida Alternate Contract
Source Number 43220000-NASPO-19-ACS.
Motion:
Commissioner Hay moved to approve the Consent Bids and Purchases over $100,000.
Vice Mayor 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.
A. Proposed Ordinance No. 24-017- Second Reading- An Ordinance of the City
Commission of the City of Boynton Beach, Florida, amending the City of
Boynton Beach's Code of Ordinances; Chapter 15 "Offenses- Miscellaneous*,"
Article IX "Community Appearance and Maintenance," Section 15-120
"Minimum Standards for Appearance and Maintenance of Public Property and
Private Property;" providing for conflicts, severability, codification; and providing
for an effective date.
City Clerk De Jesus read the title into the record.
Motion
Vice Mayor Kelley moved to remove from the table Ordinance No 24-017, on Second
Reading. Commissioner Hay seconded the motion. The motion passed unanimously.
Candice Stone, Community Standards Director, gave a brief overview and spoke
about the changes that were made. She mentioned directional pruning, and not being
able to secure funding.
Vice Mayor Kelley mentioned not wanting to start this without a roll out plan
Ms. Stone commented that they could table this and review it before going back to
second reading again. She spoke about the help that FPL could provide to residents.
Vice Mayor Kelley asked the Attorney what they recommend for a roll out date, or
passing this with a disclaimer with a waiting period. She said that she foresees this
being a giant disaster.
Attorney Lamb stated that they can table this and work a roll out plan into the
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Ordinance, or they can change it now and implement them before they are signed off
on.
There was discussion regarding possible changes into the ordinance.
Vice Mayor Kelley asked to have this tabled to the next meeting.
Motion
Vice Mayor Kelley moved to table Ordinance No 24-017, on Second Reading, until
November 4, 2024. Commissioner Cruz seconded the motion. The motion passed
unanimously.
B. Proposed Ordinance No. 24-020- Second Reading, An Ordinance of the City
Commission of the City of Boynton Beach, Florida, amending Article II of
Chapter 18 of the Boynton Beach Code of Ordinances entitled Employees'
Pension Plan amending Section 18-145 City of Boynton Beach Investment
Policy for General Employees' Pension Fund; providing for codification;
providing for severability of provisions; repealing all ordinances in conflict
herewith and providing for an effective date.
Attorney Lamb mentioned speaking to Bonnie Jensen in regards to the changes for this
ordinance that needs to happen. She asked to have this tabled until the changes are
reviewed.
Motion
Commissioner Hay moved to table Ordinance No 24-020, on Second Reading, until
November 4, 2024. Commissioner Cruz seconded the motion. The motion passed
unanimously.
C. Proposed Ordinance No. 24-021- Second Reading, An Ordinance of the City
Commission of the City of Boynton Beach, Florida, amending Part III, Chapter
4, "Site Development Standards," Article X, "Flood Prevention Requirements,"
Section 1.0 "Administration," Section 1.D, "Applicability," and Section 5.E
"Building and Structures"; providing for codification, severability, conflicts, and
providing for an effective date.
John Kuntzman, Building Director, stated that the state contacted them about changes
that needed to happen for this ordinance regarding Flood Prevention.
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Attorney Lamb stated that there was a change and spoke about it.
Mayor Penserga opened this item to public comment.
Susan Oyer asked if this is a more positive ordinance change.
Melissa Hagans stated that it floods at her house, and asked what they planned on doing
in her area, because they are widening Gateway Bridge.
Mayor Penserga closed public comments.
Commissioner Turkin arrived at 7:03 P.M. in person.
Mr. Kuntzman spoke about our flood ratings and flood hazard areas.
Vice Mayor Kelley asked if this is to update the FEMA corrections needed for our outdated
ordinance.
Mr. Kuntzman said that the State is requiring this change, so that it is in compliance with
the State of Florida's laws.
Motion
Commissioner Hay moved to approve Ordinance No 24-021, on Second Reading.
Commissioner Cruz seconded the motion. In a roll call vote, the motion passed
unanimously.
9. City Manager's Report- None
10. Regular Agenda
A. Proposed Ordinance No. 24-022- First Reading, An Ordinance of the City of
Boynton Beach, Florida, Amending the Boynton Beach Administrative
Amendments to the 8th Edition (2023) of the Florida Building Code.
Mr. Kuntzman spoke about the following regarding the building recertification program:
Purpose; overview of the program; reason for update; statistics; and questions.
Commissioner Hay asked if there is a timeline on compliance and if there are transitional
provisions for the reports.
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Mr. Kuntzman stated that they were given 180 days to provide the phase I report, and
spoke about the reporting dates for the other phases. He mentioned the consequences
of not complying.
Commissioner Hay asked about ADA requirements.
John responded that the only thing required is the recertification of the building structure.
Adam Temple, Assistant City Manager, stated that the only changes being proposed is
to strike electrical engineer and allow all engineers to be able to provide the reports.
Vice Mayor Kelley stated that she is glad this is passing because some of the buildings
on the west side of the City has some of the bigger issues. She asked about the difference
of the reports that has not been responded to.
Mr. Kuntzman spoke about their process if a property owner has not responded and what
they could do about it.
Vice Mayor Kelley said that she wanted to point out that we are being proactive as to what
the State requires.
Motion
Vice Mayor Kelley moved to approve Ordinance No 24-022, on First Reading.
Commissioner Hay seconded the motion. In a roll call vote, the motion passed
unanimously.
B. Proposed Resolution No. R24-263-Award and approve a Piggyback Agreement
with American Traffic Solutions, Inc., DBA Verra Mobility, utilizing the City of
Tampa contract RFP #611122923, for services related to Speed Detection
Camera Systems for School Zones subject to the final approval of the piggyback
agreement from the City Attorney's Office.
Chief DeGiulio spoke about the companies that participated in the bids. He reviewed the
comparative study between the bids.
Mayor Penserga asked which are his top 3 business terms that are important when
choosing a vendor.
Chief DeGiulio stated having an established business is important, and the familiarity with
the vendor. He said that sometimes loyalty gets undervalued.
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Mayor Penserga asked about the assessment of the fee, if they are per citation.
Chief DeGiulio said that is correct.
Mayor Penserga asked about the additional fees.
Chief DeGiulio spoke about the additional fees.
Commissioner Cruz asked about the first two violations and how much they are.
Chief DeGiulio explained the fees and what portion the vendors get.
Commissioner Cruz spoke about who owns the data that is collected.
Chief DeGiulio stated that the City of Doral owns the data.
Commissioner Cruz said that she was reading about FOIA's and paying for Public
Records Requests.
Chief DeGiulio stated that if it is related to the event, we address it, if itis related to the
system, they will handle it.
Commissioner Cruz mentioned ownership of the equipment, and cost of removal.
Andrew Rozwadowski stated that we are stuck with the terms in the original RFP.
Commissioner Cruz spoke about the requirements for mediation and sharing the cost if
there is mediation required. She asked how many cities are up and running right now with
these cameras.
Chief DeGiulio said that the 3 from Doral and Davie are not up and running just yet. He
mentioned that there are a lot of cities going live with this program soon.
Commissioner Hay asked if the cameras are not working, is there a guarantee that they
will be fixed in a specific time period.
Chief DeGiulio said that the vendor is responsible for it, and will get it done as soon as
possible.
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Commissioner Turkin asked if this is a 5-year contract, and if the $6 is until the last year,
and what the option to renew is.
Chief DeGiulio explained the renewals.
Motion
Vice Mayor Kelley moved to approve Resolution No. R24-263. Commissioner Hay
seconded the motion. The motion passed unanimously.
11. Future Agenda Items
A. Update on future upgrade plan for water treatment plants to meet future drinking
water regulations.- November 4, 2024
Requested by Mayor Penserga.
B. Discussion regarding Rapid Re-housing Program.- November 4, 2024
Requested by Mayor Penserga.
C. Discussion regarding additional digital signs. - November 4, 2024 Requested
by Commissioner Hay.
D. Discussion regarding City entry way signage. - November 4, 2024 Requested
by Mayor Penserga.
E. Discussion regarding Procurement Policies and Procedures, including local
business preference. - December 3, 2024
Requested by Mayor Penserga and Commissioner Cruz.
F. Discussion regarding combining City properties together to create senior
affordable housing . - Pending meeting with Mayor Penserga
Requested by Mayor Penserga.
G. Discussion regarding Amendments to the Code of Ordinances regarding
flooding in the community.- Pending meeting with Commissioner Cruz
Requested by Commissioner Cruz.
H. Discussion regarding Hazard Pay for Community Standards.- Pending meeting
with Commissioner Cruz
Requested by Commissioner Cruz.
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I. Discussion regarding requirements for Advisory Board Appointments.- Pending
meeting with Vice Mayor Kelley
Requested by Vice Mayor Kelley.
12. Adjournment
Motion
Vice Mayor Kelley 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 7:36 P.M.
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