Minutes 01-17-23 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, January 17, 2023, at 6:00 P.M.
Present:
Vice Mayor Angela Cruz Daniel Dugger City Manager
Commissioner Woodrow L. Hay Mike Cirullo, City Attorney
Commissioner Thomas Turkin Maylee De Jesus, City Clerk
Commissioner Aimee Kelley
Absent:
Mayor Ty Penserga
1. Agenda Items
A. Call to Order— Vice Mayor Cruz
Vice Mayor Cruz called the meeting to order at 6:02 P.M. She read a letter by Mayor
Penserga into the record in regards to his absence today.
Roll Call
City Clerk Maylee De Jesus called the roll. A quorum was present.
Invocation by Pastor Chuck Brannon, Gateway Community Church
Invocation was given by Pastor Chuck Brannon.
Pledge of Allegiance to the Flag led by Commissioner Woodrow Hay
Commissioner Hay led the Pledge of Allegiance to the Flag.
Agenda Approval:
1. Additions, Deletions, Corrections
Commissioner Kelley added item 11B, a discussion regarding adding extra Police Officers
to the budget, for next fiscal year.
Motion
Commissioner Turkin moved to approve the agenda, as amended. Commissioner Hay
seconded the motion. The motion passed unanimously.
2. Other
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Boynton Beach, FL January 17, 2023
A. Informational items by the Members of the City Commission.
Commissioner Kelley had no disclosures or informational items.
Commissioner Turkin had no disclosures or informational items.
Commissioner Hay thanked the City for the Martin Luther King Jr. Celebration, and
said that he hopes there is more attendance next year. He stated that he had no
disclosures.
Vice Mayor Cruz said that the City will be receiving over $1 million dollars, from
Federal appropriations, to replace the radio communication tower. She thanked
Congresswoman Lois Frankel for her help with securing these funds.
3. Announcements, Community and Special Events And Presentations
A. Introduce the new Human Resources and Risk Management Director, Tennille
DeCoste.
Daniel Dugger, City Manager, introduced Tennille DeCoste and gave a history of her
background.
Ms. DeCoste stated that she is excited to be at Boynton Beach, and she is making changes
to help with cost savings.
City Manager Dugger stated that he would like to add item 5D, travel plans for
Commissioners, to the agenda.
B. Announcement: Oceanfront Bark - Boynton Beach's Dog "Paw-ty" on the Beach
- will be on Saturday, January 21, 2023, from 9:00 AM to 12:00 PM at
Oceanfront Park located at 6415 N. Ocean Blvd. This is the third of four
scheduled events being held the third Saturday of each month thru February.
This is a free event for all well behaved, licensed dogs and their owners. Dogs
will be allowed off leash in a designated fenced area. Parking is free during
Oceanfront Bark for all beach patrons from 9:00 AM to 12:00 PM.
Vice Mayor Cruz announced Oceanfront Bark, Boynton Beach's Dog "Paw-ty" on the
Beach.
C. Announcement: The Immortal Four Chaplains Memorial Service being hosted
by the Boynton Beach Veterans Task Force and the City of Boynton Beach on
Sunday, January 29, 2023. The Service will be held at the First Presbyterian
Church of Boynton Beach located at 235 SW 6th Avenue, starting at 2:00 PM
and is open to the public.
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Vice Mayor Cruz announced The Immortal Four Chaplains Memorial Service.
D. Announcement: Homestead Exemption Outreach will be at City Hall on
Thursday, January 26 and Thursday, February 23 from 9 AM - 10 AM. Filing
assistance will be provided by the Palm Beach County Property Appraiser's
Office.
Vice Mayor Cruz announced the Homestead Exemption Outreach. She asked where this
will be located.
Laura Lansburgh, Public Information Director, responded that they will be in the Community
Room, and no appointment is necessary.
Commissioner Kelley asked who residents can contact in regards to documents needed, if
they do not have internet access.
Ms. Lansburgh stated that there are flyers in the back with information on them, and they
can contact the Property Appraiser's Office director, or they can contact her.
E. Announcement by Glenn Weiss, Public Arts Manager: The 2023 Kinetic Biennial
Event received a National Endowment for the Arts Grant.
Glenn Weiss, Public Arts Manager, announced that the 2023 Kinetic Biennial Event
received a National Endowment for the Arts Grant, which is the primary funder of arts
organizations. He stated that Boynton Beach was awarded $20K towards the Kinetic Event
and other future events, and they also received $15K from South Arts to support the Unity
Project, and they were recommended for a $25K from the State of Florida Cultural Affairs
Grant. He explained the location of the artwork that will be spread out along Ocean Avenue.
He showed a slideshow of pictures of artwork that will be coming to the event.
Commissioner Hay asked if we will have any of these art pieces after the event.
Mr.Weiss responded that all of the artwork will be around until next November, unless there
is a serious hurricane.
F. Present a Certificate of Achievement from Mayor Ty Penserga to Mivadia
Joseph for successfully earning a high school diploma from Smart Horizons
through the Library's Career Online High School Program.
Jeannie Taylor, Assistant Library Director, presented a Certificate of Achievement to
Mivadia Joseph, for successfully earning a High School Diploma from Smart Horizons
through the Library's Career Online High School Program. She stated that Ms. Joseph's
plans are to go to college and become a nurse.
Ms. Joseph thanked everyone for the opportunity and said that it was difficult to do, as a
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single mother. She stated that she worked hard to take care of her kids and worked at night
to accomplish this degree, and she is proud of herself.
Maylee De Jesus, City Clerk, stated that she would like to acknowledge Vice Mayor Cruz
and Commissioner Kelley on receiving their certificate of completion from the Florida
League of Cities Institute of Municipal Elected Officials Conference in October.
4. Public Audience
Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of
the Chair, this 3-minute allowance may need to be adjusted depending on the level
of business coming before the City Commission)
City Clerk De Jesus read into the record a letter by Danny Ferrell.
Victor Norfus thanked everyone for coming out to the MLK event, and said that he tried to
direct it towards the children in the City. He asked that the City start planning the MLK
Parade when they do the Christmas Parade. He stated that Boynton Cemetery, around
the tree, is unkept and he would like it to be cleaned up. He asked the City to bring back
the Heritage Celebration, where everyone can celebrate their heritages.
Susan Oyer thanked Commissioner Turkin for being a judge in her neighborhood
Christmas and Holiday Decorations Contest. She mentioned the white roof project and
gave the history on it, and asked that we move forward on this.
Clovis Moody stated that she has seen the difference that public art has made to the City,
and she appreciates the support of the Commissioners and staff that make the City
beautiful. She invited everyone to come out to the 2023 Kinetic Event.
Cindy Falco DiCorrado responded to the remarks by Danny Ferrell and said that she has
2 lesbian sisters and she loves them, and they rejected her because of her . She stated
that it in about her religion and breaking laws regarding government and LGBTQ. She
requested that the Commissioners be criminally charged, if they
Tory Aura stated that the MLK Event was nice and they were all having fun. He stated that
Bernard Wright was in a bad accident, and that they found the car, but not the person. He
asked if it was a cop, or something like that, and is this why they have not said who it is.
He asked that they get answers about who hit him.
Jim Czizik stated that there was a typo in the heading, and the Immortal Four Chaplains
Memorial Service is on January 26, not February. He spoke about the monuments for the
Tuskegee Airmen and the African Americans in the Military.
Christina Pierre asked for an update in regards to who hit Mr. Wright. She stated that she
came to a Commission Meeting a few months ago to ask for speed humps, and said that
they have not been installed anything yet, after it was being monitored for a little while.
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Commissioner Hay asked that Ms. Pierre go speak to Gary Dunmyer.
Mr. Weiss stated that he forgot to give recognition to Susan Oyer for the idea of the sailfish
artwork.
Ernest Mignoli stated that both buildings in the complex where he lives have serious
problems, and that the Commissioners stated that they cannot do an ordinance in regards
to this, and that it was finally passed and he did not get any credit. He complained about
the City not doing anything to help his Code Enforcement complaints.
Virtual Comment: 1 hand
Ace Tilton Radcliff stated that she is very proud of everything that the Art Board has done.
She said that she hopes everyone can attend the Kinetic Event. She said that she is proud
every time she drives over the LGBTQ+ flag.
5. Administrative
A. Approve the request of Commissioner Woodrow Hay to distribute $1 ,000.00 of
his Community Support Funds to Boynton Strong.
Motion
Commissioner Turkin moved to approve Commissioner Hay's Community Support Funds
to Boynton Strong in the amount of $1,000.00. Commissioner Hay seconded the motion.
The motion passed unanimously.
B. Approve the request of Commissioner Woodrow Hay to distribute $1,000.00 of
his Community Support Funds to Heart of Boynton Community Association.
Motion
Commissioner Turkin moved to approve Commissioner Hay's Community Support Funds
to Heart of Boynton Community Association in the amount of $1 ,000.00. Commissioner
Hay seconded the motion. The motion passed unanimously.
C. Announce vacant positions on City Advisory Boards.
Vice Mayor Cruz announced the vacant positions on the City Advisory Boards.
Commissioner Turkin stated that William Cwynar put in an application for the
Planning and Development Board.
City Clerk De Jesus stated that the application did not make the cutoff time to be on
this agenda, but it will be on the next one.
5D- Upcoming Conferences for Commissioners
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City Manager Dugger announced that Commissioner Turkin requested to go to the
National League of Cities Congressional Cities Conference from March 26-28, 2023,
which is in Washington DC and is budgeted. He stated that PBC Legislative Days will
be on March 7-8, 2023, in Tallahassee, which is a Commission Meeting and it will
need to be rescheduled. He said that he would need the names of which
Commissioners would like to attend PBC Legislative Days, and that they should
contact Kendra if they would like to go.
Attorney Cirullo stated that the March 7°' meeting would need to be moved tonight,
due to proper notices.
There was discussion regarding changing the meeting in March. There was
consensus to add this discussion to the next Commission Meeting.
Kathryn Rossmell, Attorney with Lewis, Longman & Walker, P.A., stated that they can
have a discussion at the next Commission Meeting, which is February 7, 2023.
6. Consent Agenda
A. Approve and authorize the use of Federal Forfeiture Trust Funds to
purchase equipment and services from Axon Enterprises, Inc. for five (5)
Unmanned Aerial Vehicles (UAV) in the amount of$48,712.00 via the Axon
Enterprises Contract PD23-015 (Resolution R22-168) and a sole source
equipment purchase from American Locker in the amount of $15,570.00.
Total use of Treasury Funds to authorize is $64,282.00.
B. Proposed Resolution No. R23-009- Approve and authorize the Mayor to
sign the ARPA Subrecipient Agreement for the Wounded Veterans Relief
Fund to provide housing support for homeless Veterans and Veterans on
the verge of homelessness for a total amount of $50,000.
C. Proposed Resolution No. R23-010- Approve and authorize the Mayor to
sign the lease agreement between the City of Boynton Beach and the
Boynton Beach Community Redevelopment Agency for the space located
at 511 East Ocean Avenue.
D. Accept the written report to the Commission for purchases over $10,000
for the month of December 2022.
E. Approve minutes from the January 3, 2023 City Commission Meetings.
Commissioner Turkin pulled item 6B.
Commissioner Kelley pulled item 6A.
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Motion:
Commissioner Turkin moved to approve the consent agenda, as amended.
Commissioner Hay seconded the motion. The motion passed unanimously.
6A- Approve and authorize the use of Federal Forfeiture Trust Funds to
purchase equipment and services from Axon Enterprises, Inc. for five (5)
Unmanned Aerial Vehicles (UAV) in the amount of $48,712.00 via the Axon
Enterprises Contract PD23-015 (Resolution R22-168) and a sole source
equipment purchase from American Locker in the amount of$15,570.00. Total
use of Treasury Funds to authorize is $64,282.00.
Commissioner Kelley asked what the purpose of this is and how will it benefit the residents
and Police Department.
John Bonafair, Police Major, explained the drone program, which allows them to do more
with the manpower they currently have, such as searching for children or elderly that get
lost. He said that this will also allow them to map a traffic homicide crime scene in 15
minutes, instead of 4 hours.
Commissioner Hay asked if this program will communicate with traffic lights.
Major Bonafair stated that there are laws that are clear in regards to traffic enforcement,
but this will allow them to monitor the traffic and change traffic patterns, in the event of an
emergency. He said that they utilize the PBSO and Delray Drone Programs currently.
There was discussion regarding what the drones would be used for; warrants that would
need to be requested for certain searches; and Police Officer trainings.
Motion:
Commissioner Hay moved to approve the agreement. Commissioner Turkin seconded
the motion. The motion passed unanimously.
6B- Proposed Resolution No. R23-009- Approve and authorize the Mayor to
sign the ARPA Subrecipient Agreement for the Wounded Veterans Relief Fund
to provide housing support for homeless Veterans and Veterans on the verge
of homelessness for a total amount of $50,000.
John Durgan, Economic Development Director, stated that they have been working
with Mr. Durkey at the Wounded Veterans Relief Fund to finalize their scope of work
for the ARPA Agreement.
Michael Durkee, Executive Director of the Wounded Veterans Relief Fund (spoke
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virtually), thanked the Commission for supporting the Veterans. He said that they will
use the money to help with rental assistance and getting Veterans off of the streets.
Commissioner Turkin thanked Staff for getting this program together.
Motion:
Commissioner Turkin moved to approve Resolution No. R23-009. Commissioner Kelley
seconded the motion. The motion passed unanimously.
7. Consent Bids and Purchases over $100,000
A. 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 January 17, 2023 - "Request for Extensions and/or
Piggybacks."
B. Approve an Amendment to Purchase Order No. 210344 with Globaltech
Inc. in the amount of$18,496.00 to provide additional engineering services
and special inspection service for Fluoride Storage and Feed
Improvements project at the East Water Treatment Plant, for a total
Purchase Order amount of $160,158.50.
C. Proposed Resolution No. R23-011- Award of Bid No. PWE23-004 for "Re-
Bid Ezell Hester Jr. Park Improvement - PH 1A" and authorize the City
Manager to sign a Construction Contract and issue a Purchase Order to
the lowest responsive and responsible bidder, LTG Sports Turf One, LLC.,
of Boynton Beach, Florida, in the amount of $3,685,000.00 plus a 10%
contingency amount of $368,500.00, for a total estimated amount of
$4,053,500.00.
D. Approve the purchase of three (3) replacement vehicles that were
approved in the FY22-23 budget for an estimated amount of$4,225,247.88
by utilizing the following contract: Sourcewell contract #113021-SUT. The
contract satisfies the City's Procurement requirements.
Motion:
Commissioner Hay moved to approve the Consent Bids and Purchases over $100,000.
Commissioner Turkin seconded the motion. The motion passed unanimously.
8. Public Hearing
6 p.m. or as soon thereafter as the agenda permits.
The City Commission will conduct these public hearings in its dual capacity as
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Local Planning Agency and City Commission.
9. City Manager's Report- None
10. Unfinished Business- None
11. New Business
A. Discussion for an ordinance regarding tints for paraphernalia shops,
requested by Commissioner Turkin.
Commissioner Turkin asked about an ordinance to require tint for storefronts that are
paraphernalia shops. He stated that it is right in the downtown area, where families
are at, and this does not look good in that area.
Attorney Cirullo stated that they will have to look at this ordinance.
City Manager Dugger stated that adult novelty shops have tinted windows, so there
might be a possibility of this.
Attorney Cirullo stated that he will get back to the Commission on this.
Commissioner Kelley asked that staff look at what other municipalities do, and if it
will jeopardize their business if it is tinted.
There was discussion regarding looking into what other municipalities do.
11 B- Additional Police Officer allocations for FY 2023-2024.
Commissioner Kelley stated that after the PBSO Proposal, they learned that the PD
is understaffed, and they would like to see if they can allocate funds for the number
of Officers that they are down, before we get to the Budget Workshops.
City Manager Dugger stated that they added 21 Firefighters for this fiscal year, but
they did not allocate for additional Police Officers.
Joseph DeGiulio, Police Chief, stated that they are requested 6 Officers and a
Supervisor last budget year, and that they are looking at needing more Officers with
an increase in population.
There was discussion regarding the following: having different units in the different
zones, such as the CRA area; Police Officers overlapping duties; the budgetary
impact for next year; budgeting for health insurance to be lowered to help the cost to
the families for all staff, which can offset costs to hire more officers; and public safety,
which is their number one priority in the City.
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Commissioner Kelley stated that she would like to be proactive and think ahead,
instead of playing catch up.
Vice Mayor Cruz asked if we hire people pre-academy.
City Manager Dugger responded yes, they have put Officers through the academy.
He asked if they would like to add 6 additional Police Officers for the next budget
year.
There was consensus to add 6 additional Police Officers to the budget for next fiscal
year.
Commissioner Turkin thanked the Police Department for thinking outside of the box
to recruit people.
Chief DeGiulio stated that it is all hands-on deck, and everyone has a part in this.
12. Legal
A. Proposed Resolution No. R23-012 - Approve and authorize the Mayor to
sign an Agreement for the Exchange of Real Property between the City
and Boynton Beach Town Center Apartments, LLC.
Attorney Cirullo stated that this is part of what is needed to move forward with the
Town Center Project. He said that there is due diligence that needs to be done.
Ms. Rossmell stated that this helps keep the project moving forward. She explained
the process with this agreement and timeline. She noted that the copy before them
does not have the legal description, but she read it into the record.
Public Comment: None.
Virtual Comment: None.
Manny Mcllroy, GIS Analyst, stated that Mark Lynn, representing the other entity is
on the line if there were questions that needed to be asked.
Motion:
Commissioner Turkin moved to approve Resolution No. R23-012. Commissioner Hay
seconded the motion. The motion passed unanimously.
13. Future Agenda Items
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A. Continue discussion on adding a new sister city based on
recommendations from Boynton Sister Cities. - February 7, 2023
B. Continued discussion regarding a potential park in Leisureville and
creating a Restrictive Covenant on this parcel, requested by Vice Mayor
Cruz. - February 21, 2023.
C. Discussion regarding American Rescue Plan Funds, requested by Mayor
Penserga - February 2023
D. Consider revised local rules for approval. -TBD
E. Discussion regarding installing a coral reef at Oceanfront Park, requested
by Commissioner Turkin - TBD
F. Review Advisory Board Ordinance, requested by Commissioner Kelley. -
TBD
G. Discussion regarding future cemetery lots in Boynton Beach, requested by
Commissioner Hay-TBD
H. Approval of Variance (ZNCV 23-002) of Part Ill, Chapter 4, Article II,
Section 4.B.3.c — Urban Landscape Buffer (Type 2), to grant a variance of
seven (7) feet from the required twelve (12) foot buffer, to allow for a five
(5) foot wide landscape buffer, and the elimination of the requirement to
provide a six (6) foot tall masonry wall.- Tabled until February 21 , 2023
14. Adjournment
Commissioner Hay asked to add to future agenda, a discussion regarding penalties
for destruction of political signs.
Attorney Cirullo stated that there are already tools that they can use, and he can get
with the Police Chief to figure out what is already happening.
Vice Mayor Cruz stated that she would like to add to future agenda, a discussion
regarding regulating medical marijuana shops near schools.
Commissioner Turkin stated that he thinks the City of West Palm Beach has a
moratorium on them.
Attorney Cirullo stated that he will look into it, but it has to be regulated the same as
pharmacies. He said that he will research it.
Vice Mayor Cruz stated that she would like to add as a future agenda item, an update
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on AirBnB's, and not being allowed to rent to sexual predators.
Adam Temple, Assistant City Manager, stated that Mr. Rumpf is working on a draft
regarding short-term rentals that will be included in this.
Motion
Commissioner Turkin moved to adjourn the meeting. Commissioner Hay seconded the
motion. The motion passed unanimously.
There being no further business to discuss, the meeting was adjourned at 7:39 P.M.
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