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Minutes 09-05-23 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, September 5, 2023, at 6:00 P.M. Present: Mayor Ty Penserga Daniel Dugger City Manager Vice Mayor Thomas Turkin (Left at 7:45 P.M.) David Tolces, Interim City Attorney Commissioner Woodrow L. Hay Maylee De Jesus, City Clerk Commissioner Angela Cruz Commissioner Aimee Kelley 1. Agenda Items A. Call to Order- Mayor Ty Penserga Mayor Penserga called the meeting to order at 6:00 P.M. Roll Call City Clerk Maylee De Jesus called the roll. A quorum was present. Invocation by Pastor Bryce Hutson, Christ Fellowship Church. Invocation was given by Pastor Bryce Hutson, Christ Fellowship Church. 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 2. Adoption Vice Mayor Turkin requested to move up item 3D after 2C. He requested to table item 10A. Mayor Penserga recommended he table the item when they get to that section. He spoke about item 10B regarding an additional applicant and recommended that it should be postponed. Mayor Penserga requested to move item 3D before Announcements. Commissioner Kelley requested September 14 as a date certain for Future Agenda item 13G. Mayor Penserga requested to move up items 2E & 2F following item 2A. There was Meeting Minutes City Commission Meeting Boynton Beach, FL September 5, 2023 consensus. Motion: Commissioner Cruz moved to approve the agenda, as amended. Vice Mayor Turkin seconded the motion. The motion passed unanimously. 2. Other Informational items by the Members of the City Commission. Commissioner Kelley disclosed that she spoke to Bradley Miller and Bonnie Miskel. She also received resident emails regarding items 8C and 8D. Commissioner Hay disclosed that he spoke to Bonnie Miskel. Vice Mayor Turkin disclosed that he spoke to the candidates for the Attorney position, and to Bradley Miller regarding item 8A. Commissioner Cruz disclosed that she spoke to residents, Bonnie Miskel, and Bradley Miller, regarding items 8C and 8D. She said that she also had the opportunity to interview all the candidates for the Attorney position. Mayor Penserga disclosed that he spoke to Bradley Miller regarding item 8A. A. Proposed Resolution No. R23-106- Adopt the proposed millage rate for the General Fund for Fiscal Year 2023-2024. Proposed Resolution No. R23-107- Adopt the Tentative Budget for the General Fund and all other funds for Fiscal Year 2023-2024. Mara Frederiksen, Director of Financial Services, spoke about the following: purpose of the millage and budget hearing; state truth in millage (TRIM); adjustment post budget workshop- general fund revenue highlights; adjustment post budget workshop- general fund highlights- expenditures; adjustment post budget workshop- other fund highlights; all funds- funding sources=$283.8M; all funds- expenditures+$283.8M; appropriation summary; millage rate impact on residential property; millage rate impact on commercial property; and questions. Mayor Penserga opened the public comments. David Katz spoke about the extra $36K to each Commissioner, located on page 43. He 2 Meeting Minutes City Commission Meeting Boynton Beach, FL September 5, 2023 said that if you want a raise, you should get it along the side of the employees. He mentioned that the raise should be that they do a great job and get re-elected. Jackie Long asked why the tax bill always comes back higher than the $25 that was told the amount will go up. She spoke about the cemetery being open only certain days during the week. She asked how we have money to support an audit office. She said she does not agree with the extra fees that are going up. David Murker spoke about being against the increases to the Commissioners. He said that the Commission lacks the respect of the people, to ask for these increases. Cindy Falco DiCorrado spoke about the sales tax for her household. She asked why we keep raising taxes. She mentioned the fire assessment, school board taxes, and state taxes. She said that they are watching everything the Commissioners are doing. Mack McCray said that he is against the pay raise for the Commissioners. He mentioned the $6M budget loss, the fire assessment, the cemetery proposal, and the property at the scrubs being used as a cemetery. Susan Oyer spoke about the excessive budget increase. She is against the 125% pay raise, against the CRA Trip, and spoke about not using ARPA funds for the schools. She said that they need to put money into the infrastructure, electric calls, solar panels, ticketing people in ED parking spaces, fix the cemetery problem, no to a having a City Attorney as an employee, and does not have a problem with the fire assessment. Gary Fishman spoke about the budget and said that the Commissioners do work hard, and mentioned that if they work more hours, then they should get more money. He said that there are good people on the dais. Ernest Mignoli said that the taxes are going through the roof, and that the City and the HOA are working together to not help the residents. He stated that the budget needs transparency. He mentioned that there are so many people without food in the City. He said that the budget is tied to politics and development Robert Tobano spoke about the graveyard, and how much it costs for each yard, and about maintenance of the cemetery. Steven Grant joined virtually, and said that he would like to look at the expense report. He mentioned the $50K for the State of the City and said that he looks forward to that. He spoke about the Pirate Fest and sponsorship. 3 Meeting Minutes City Commission Meeting Boynton Beach, FL September 5, 2023 Mayor Penserga closed the public comments. Commissioner Cruz spoke about one of the administrative positions to support the Finance Department, to help with grants. City Manager Dugger stated that the employee is going to have split duties with the grants and CBDG. Vice Mayor Turkin asked to have the allowances explained. City Manager Dugger said that it was two-fold: there was a survey done on a lot of cities and there was a mix between allowances and whether or not Commissions had the authority to provide pay raises. He spoke about referendums and ordinances and noted that the last pay raise was in 2005. He conferred with Legal and stated that Florida State Statute 166.021 provides a condition with the power and authority to provide pay raises. He spoke about the process with the pay raises, and the history of the past pay raises that were approved by Commissioners. Interim City Attorney Tolces spoke about the salary increase by ordinance history. He mentioned the items that require a referendum. Vice Mayor Turkin reiterated that there has not been a merit increase since 2005. He said that in 2003, Commission increased their pay. He spoke about being okay with certain things and not about other things. He asked for clarification on the bridge and funding sources. City Manager Dugger spoke about the ARPA funds being separate from the CIP. Vice Mayor Turkin asked for a separate discussion regarding the settlement funds from Town Square. Commissioner Hay said that he does not have a problem with the millage rate and fire assessment, but he does not agree with the budget increase. He mentioned that he would do this job for nothing and supports everything in the budget, with the exception of the increase to their budget. He commented that their increases should be subtle. He said that he will not accept the increase. He mentioned wanting to do the best thing for himself and the City. Commissioner Kelley said that she agrees with Commissioner Hay. She commended City 4 Meeting Minutes City Commission Meeting Boynton Beach, FL September 5, 2023 Manager Dugger for doing his research, but said that this is a significant jump. She asked about the itemizations that are outside of their control, such as memberships. She asked for an explanation of the Community Support Funds. City Manager Dugger spoke about the memberships that each position has to be a part of, and the purposes of the associations. He mentioned the different areas that the trainings can take place. He spoke about the Community Support Funds. Commissioner Kelley said that she will not support the high increase but will support something subtle and modest. Commissioner Cruz said that whether it is her or someone else in her seat, someone should be here at City Hall. She stated that a reasonable change would be positive, but she would not support all of the allowances. She said that the people who are responsible for running the City should be here while City Hall is open. Mayor Penserga does not support the proposal, as presented. He said that the role of Mayor is heavier than expected, and that it is important for accountability. He supports a moderate increase but believes that they need to be present when things are happening. He spoke about more accountability from Elected Officials. He asked about the budget, regarding the increase with Fire Station 5. Mario Guzman, Director of Public Works, spoke about the increase and what it was for. He explained that this is to make sure the AC is working for Fire Station 5 and replacing the generator. Mayor Penserga asked about the digital sign at Fire Station 3. Mr. Guzman stated that they are waiting for the branding to be finalized so that they can be uniform around the City. Commissioner Kelley stated that she spoke to Deputy City Manager Mack regarding this and budgeting it before the branding happened, so that it does not get delayed. Mayor Penserga said that he agrees, and asked staff to get it in this budget if they can. Commissioner Hay said that he agrees about the horrible sign, and asked if we are waiting on grant funding, like we are for the roads. Mr. Guzman explained why they are waiting on the branding. 5 Meeting Minutes City Commission Meeting Boynton Beach, FL September 5, 2023 Mayor Penserga asked about the Veterans Park cameras listed as blank. Deputy City Manager Mack stated that it could be planned out for a future year. Commissioner Cruz asked if the chiller could be more cost effective. Deputy City Manager Mack stated that there are three different chillers and said that this specific chiller was placed there in 2009. He said it was a planned project. Mr. Guzman said that they are being proactive and replacing it before the chiller breaks down completely, which will be more expensive. Deputy City Manager Mack spoke about going out to bid for this, to get the best pricing. Mr. Guzman said that this is for the air conditioning and backup generator. Commissioner Cruz asked about having regular air conditioning instead of a chiller. Mr. Guzman explained the difference and why the chiller is necessary. Vice Mayor Turkin spoke about Oyer Park and the Dredge Channel, and asked if that is happening this fiscal year. Deputy City Manager Mack said that it is a County project that we are giving them money for, and they are working on that. Vice Mayor Turkin spoke about the fishing pier being replaced and being happy to see the funds there. He asked for the timeline. Mr. Guzman said that it will begin this year. Vice Mayor Turkin spoke about the annual party for all of the Advisory Board Members. Assistant City Manager Matos said that she has been working with the events department and spoke about "Boynton Gives Back" and said that there is a budget for that event. Commissioner Cruz spoke about the Senior Advisory Board getting funding to use. City Manager Dugger asked Interim City Attorney Tolces if there is authority to add funds 6 Meeting Minutes City Commission Meeting Boynton Beach, FL September 5, 2023 to the Senior Advisory Board. Assistant City Manager Matos said that Advisory Boards do not have the authority to spend City money, but they can budget through the Recreation Department and through the Senior Center. Commissioner Cruz spoke about benches at the Veterans Park and asked for regular benches to be added. City Manager Dugger asked for a follow up email from Commissioner Cruz to get quotes about that. He spoke about pay allowances being mixed and needing clarification in order to make the amendments. Mayor Penserga said that he would like to have all three increases out. Commissioner Hay said he supports a 6% increase instead of what was proposed. City Manager Dugger said a percentage would have to be in the form of an ordinance. He explained the percentage by keeping the office stipend. Commissioner Hay said that he wants all three off. Commissioner Kelley said that she does not agree to the three allowances, and they can further discuss the potential for an ordinance for any salary increases. Ms. Frederickson asked for clarification because they are saying three, but there are four to consider. Commissioner Cruz said that she would like to have the health portion stay on the budget, and that it has been 20 years since there has been an increase. Commissioner Kelley said that she is not eligible because she does not get the City health insurance through the City, so she is neutral on that. Commissioner Hay agreed with Commissioner Kelley. Vice Mayor Turkin said that he thinks that everyone should have access to healthcare. Commissioner Kelley said that she never said that she does not support it, only that she will not be using those funds, but she supports other people who need it. 7 Meeting Minutes City Commission Meeting Boynton Beach, FL September 5, 2023 City Manager Dugger reiterated the consensus to say no to the three items, yes to the health. Interim City Attorney Tolces read the millage rate into the record. Motion: Commissioner Kelley moved to approve Resolution No. R23-106. Commissioner Hay seconded the motion. The motion passed unanimously. Commissioner Cruz reiterated that the millage rate is not increasing. Motion: Vice Mayor Turkin moved to approve Resolution No. R23-107, with amendments. Commissioner Cruz seconded the motion. The motion passed unanimously. E. Proposed Resolution No. R23-109- FY23-24 Fire Assessment Fee. Ms. Frederiksen said that they are maintaining the annual assessment at $120, there is no change. Commissioner Kelley asked for the explanation of the hardship application. Ms. Frederiksen spoke about the application, when they will be sent out, and when they are due. She mentioned the different reasons someone can apply. Mayor Penserga opened the public comments. Cindy Falco DiCorrado said that she never consented to the $120 fee. She stated that there are people that cannot pay the $120, and it is not fair that people who make more money to pay the same amount. She mentioned that it should be reassessed and be fair and dependent on the incomes. Vice Mayor Turkin left the dais at 7:45 P.M. Susan Oyer said that she agrees with this fee and that people should look at the history of why these were put into effect. She mentioned ways to work around this, with different amounts owed based on income. 8 Meeting Minutes City Commission Meeting Boynton Beach, FL September 5, 2023 Donald Turkin Jr. said that he is not against spending money on the Fire Department, but it should be through the millage, not a separate fire assessment. He said that it should be a little fairer. Mack McCray spoke about the fire assessment that should have been sunsetted. Jackie Long stated that she is against the raise for the fire assessment because there is already money being taken out of the budget for the fire station. She said that there should be some taxes taken off that they do not use. She spoke about not needing signs or cameras. Tracey Rostelini said that they should look more into the chiller because they are getting ripped off. Commissioner Cruz left the dais at 7:50 P.M. No virtual hands. Mayor closed public comments. Motion: Commissioner Kelley moved to approve Resolution No. R23-109. Commissioner Hay seconded the motion. The motion passed unanimously (3-0, Vice Mayor Turkin and Commissioner Cruz were absent from the dais). F. Proposed Resolution No. R23-110-Public Hearing for the FY 24 Annual Canal Maintenance Services Special Assessment. Angela Prymas, Utilities Department, spoke about the following: project area; aquatic management services; special assessment; and questions. Commissioner Hay asked what the increase was. Ms. Prymas said that there is no increase from last year. She spoke about the administrative fees for this assessment. Commissioner Hay asked about the breakdown of linear footage. 9 Meeting Minutes City Commission Meeting Boynton Beach, FL September 5, 2023 - Ms. Prymas spoke about how these are assessed and said that these are for specific area and will affect 101 properties. Ms. Poonam Kalkat, Utilities Director, spoke about the cost of doing the maintenance on the canals. Commissioner Cruz returned to the dais at 7:59 P.M. Commissioner Kelley commented that hopefully this will go away once the bridge is placed in that area. Ms. Kalkat said that if the bridge fixes the issue, then the assessment will go away. Commissioner Kelley asked if our expenses have increased for this or if we are breaking even. Ms. Prymas spoke about projecting for next year what they are spending now and said that they are about the same prices. Mayor Penserga opened the public comments. Sam Duke asked what exactly is being cleaned, and mentioned how dirty the canals are. He asked if it includes trimming of the trees and boats not being able to pass through. Gary Fishman said that the neighborhood appreciates the bridge being budgeted for this year. He spoke about the springs and ownership. Ernest Mignoli said that he lives on the intracoastal and sees a lot with the bridge and canals and said that he is not in favor of the assessment. He said the City should be responsible for it. There were no virtual hands. Motion: Commissioner Kelley moved to approve Resolution No. R23-110. Commissioner Hay seconded the motion. The motion passed unanimously (4-0, Vice Mayor Turkin was absent from the dais). B. Evergreen Compensation and Classification Study. 10 Meeting Minutes City Commission Meeting Boynton Beach, FL September 5, 2023 Tennille DeCoste, Director of Human Resources and Risk Management spoke about the background. Rob Williamson, Evergreen Consultant, spoke about the following: agenda; study process; compensation philosophy; compensation outlook; public sector wage and benefit growth; compensation review; market results; key study considerations; key recommendations; recommendation and costs; SEIU-white collar; SEIU- blue collar; and next steps. Mayor Penserga said that he believes this has already been budgeted for, and asked which option they would like. Commissioner Cruz said that the hybrid was suggested by staff, which is $376K, and said that she would be okay with that. Commissioner Hay said that he would support the hybrid plan and mentioned that he does not see a mass exodus from the City of Boynton Beach. He asked for further clarification. Mr. Williamson said that we have a heck of a team, and we have good things in place, but we are behind the market in all three key areas, which impacts the number of quality applicants. He mentioned that the employees are also looking to see what comes out of this study in making their employment decisions. He noted retention is competitive and difficult in the public sector. He said salaries need to be in a market-competitive position, especially in the region that Boynton Beach is in. Ms. DeCoste said that we had 120 vacancies prior to her coming here. She said they enriched their benefits, and this is the next step to become marketable to retain employees and attract new employees for hard to fill positions. She said they currently have 30 vacancies. City Manager Dugger said that we are a proactive organization, and he would like to retain his employees. He said retention is the cornerstone of an organization. Commissioner Hay asked where this would put us on the list if we went with hybrid. Mr. Williamson said that it would put us right in the middle. He recommended moving with the 60th or 70th percentile. 11 Meeting Minutes City Commission Meeting Boynton Beach, FL September 5, 2023 Commissioner Hay asked how often we need to analyze this. Mr. Williamson explained that it should be every 3-5 years. Commissioner Hay asked if the Vice Mayor is okay. Mayor Penserga said that he is going through a personal situation. Commissioner Kelley thanked Ms. DeCoste for bringing this up and said that we are really behind. She stated that she is comfortable with staffs recommendation. Mayor Penserga opened to public comments: Cindy Falco DiCorrado said that she is perplexed as to why we paid for an outside marketer, if we have HR on property. She mentioned having someone show up a half hour before closing and wasn't allowed in. Ernest Mignoli said that he does not agree with the plan, and that there should be different criteria used. He mentioned us copying cities that have a lot of problems. Jackie Long said that she agrees with Mr. Mignoli. She stated that the increase is huge and comes out of their money. There was consensus for the hybrid option. Motion: Commissioner Cruz moved to approve the Evergreen Compensation and Classification Study parity option. Commissioner Kelley seconded the motion. The motion passed unanimously. Assistant City Manager Matos said that a Compensation and Classification Study had not been done since 2005 and she applauds the HR Department and City Manager for taking on this project and making the City market-competitive. She stated that the option voted on tonight is not a cure-all but it is a move that gets them closer. She commented that she loves the City, community, and staff. Mr. Williamson noted that Evergreen Solutions is not owned by the Clinton Foundation. 3. Announcements, Community and Special Events And Presentations 12 Meeting Minutes City Commission Meeting Boynton Beach, FL September 5, 2023 C. Proclamation- Hunger Action Month. Mayor Penserga read the proclamation into the record. Commissioner Kelley spoke about volunteering at Feeding South Florida and said that she was going with her family on October 14th. She challenged the City staff to fill those volunteer slots. Mayor Penserga said that he will be there. Shelby, Feeding South Florida Community Engagement and Events Specialist, and thanked the Commission for being recognized. She spoke about the number of individuals they service and the different initiatives that they have. Commissioner Hay said that he used to serve every Thursday out of the Hester Center. He mentioned that it was moved and asked if we are doing the same number of people or less. Shelby said that they still do have distributions in different centers. She stated that the numbers are not as high as during Covid but there is still a huge need. 2. Other(con't) C. Proposed Resolution No. R23-111- Budget Stabilization. Mara Frederiksen, Director of Financial Services, spoke about the budget stabilization. She stated that this policy is implementing an additional 5% stabilization fund and upping that eventually to 25%. Mayor Penserga opened to public comment: There was none. Motion: Commissioner Hay moved to approve Resolution No. R23-111. Commissioner Cruz seconded the motion. The motion passed unanimously (4-0, Vice Mayor Turkin was absent from the dais). D. Proposed Resolution No. R23-108-Annual Comprehensive Fee Schedule Rate Changes. 13 Meeting Minutes City Commission Meeting Boynton Beach, FL September 5, 2023 Ms. Frederiksen spoke about following: rate changes to solid waste rates. Mayor Penserga asked if these are CPI increases. Ms. Frederiksen responded yes. Mayor Penserga opened to public comment: Susan Oyer said that some of the ARPA money should have been used to fix this problem. She stated that there should be solar panels that would help with being eco-friendly. She mentioned that we should look at the garbage people, because the garbage bins have been broken on her street. Cindy Falco DiCorrado said that she concurs with the $3 parking fee, and with the garbage truck pickup people, too. Debbie Mancha said that they will go elsewhere for parking. Ernest Mignoli said that utilities are very inefficient throughout the City. He stated that garbage is not picked up on the right days and garbage is being put in the wrong bins. There were no virtual hands. Commissioner Cruz said that she spoke about the parking increases being brought down to $2.50 from $3. Commissioner Hay supports it. Commissioner Kelley said that they spoke about reducing the parking for particular groups and asked for an explanation. Deputy City Manager Mack spoke about transitioning from a cash based system to electronic. He said that the rates will deter people from being there all day and taking up the parking. He stated that the senior rate is kept at $50 for the year. He mentioned that we are on the lower end of the rates in the County. Commissioner Kelley said that she would support $2.50, which would be $1 increase. Motion: 14 Meeting Minutes City Commission Meeting Boynton Beach, FL September 5, 2023 Commissioner Cruz moved to approve Resolution No. R23-108, as amended. Commissioner Hay seconded the motion. The motion passed unanimously. 3. Announcements, Community and Special Events And Presentations (con't) D. Presentation and Discussion- Artificial Reef. Mayor Penserga recommended a motion to table until the next Commission meeting. Motion: Commissioner Hay moved to table this presentation. Commissioner Kelley seconded the motion. The motion passed unanimously (4-0, Vice Mayor Turkin was absent from the dais). A. Announce Second Budget Hearing. Mayor Penserga announced the Second Budget Hearing. B. Announcement of the City of Boynton Beach 9/11 Memorial Ceremony. Mayor Penserga announced the event. 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) Mark Carageorge said that we have an excellent interim attorney and that we should make him our permanent attorney. Laura Radcliff spoke about Boynton Beach not being great anymore. She said that there have been harassments to people who serve on the boards. She stated that she is disappointed that they did not put a stop to it at the Commission Meeting. She spoke about the issue with the art that was approved at the Art Advisory Board Meeting and comments made during the meetings. Victor Norfus enlightened everyone in regard to the unity project for 2024. He spoke about the different events that will happen in 2024. He spoke about art being about perspective. 15 Meeting Minutes City Commission Meeting Boynton Beach, FL September 5, 2023 JB South spoke about the art commission a few weeks ago. He spoke about the statue that was approved. He spoke about religion of the beast. He said that a lot of people that work for the City have evil in them. He said that the statue is a demon. Ace Tilton Radcliff spoke about being publicly harassed because of her Advisory Board vote. She said that she was not backed up by the Commissioners, and nobody should be afraid to speak up. She spoke about freedom of speech, censorship, and bullying. She asked for diversity to be allowed in arts. Debbie Macha said that she is giving them a 30-day notice for a petition against the art piece. She mentioned that other people are saying that it is demonic, and that the way it was commissioned was wrong. Susan Oyer spoke about the following: historic planner not being in the budget; historic art pieces around the City; her neighbor's house caught fire last week and the bulk pickup has not been there; putting more EV chargers in the City; palm trees on Quantum; and she thanked Wes for the recycle bins in her neighborhood park. Aileen Green hatcher spoke about the downtown Post Office and said that she would like to know where the new downtown office will be at. Dave Radcliff spoke about living in Boynton Beach and raising his family here. He said that he is disappointed in the Commissioners and the Community members for the way they acted. He spoke about what he does not approved of, and Ms. Tilton Radcliff being bullied. Sam Velazquez said that he would urge voting against the motion that Commissioner Cruz made at the last meeting. He said that voting should not be a requirement. Eric Pardi said that he does not have a problem that it is art, but that the message that this art piece is demonic. He spoke about the art being an attack on religion, men, women, and society. He said that children are committing suicide because of this art piece. Cindy Falco DiCorrado stated that it is ok for Ms. Radcliff to attack someone. Commissioner Kelley reminded Ms. DiCorrado not to address an individual person in the audience. Cindy Falco DiCorrado displayed a poster board about proposed taxes. Mayor Penserga said the public comments need to be about the City. Jackie Long stated that they do not want to be a smart city or a 15-minute city. She said 16 Meeting Minutes City Commission Meeting Boynton Beach, FL September 5, 2023 that they do not need people controlling us. She spoke about someone commenting on the people who are against the statue, and said that the art work is repulsive. She said that PBS should not be allowed in the City. Ernest Mignoli spoke about not being able to speak about anything that they want to. He said that he does not appreciate the decorum in the City. He said that we have not done anything yet about the intracoastal and the waste. Virtual hands: 1 Anna Oceanera spoke about the art issue that has been going on. She said that a 60-day appeal process is excessive. She spoke about the public audience section not being allowed to be used to attack people. She spoke against harassment. Mayor Penserga closed public comment. Mayor Penserga requested a recess at 9:28 P.M. There was consensus. Mayor Penserga reconvened the meeting at 9:43 P.M. 5. Administrative 6. Consent Agenda A. Reduce the allowance for uncollectible utility accounts. B. Proposed Resolution No. R23-112- Grant Agreement for the Marketing and Digital Connectivity Small Business Grant Program for DT Clinical Boynton, PLLC. C. Schoolhouse Children's Museum Third Quarter Report FY22-23. D. Proposed Resolution No. R23-113- FY 2023/2024 State Aid to Libraries Grant Agreement. E. Proposed Resolution No. R23-114- Resilient Florida Planning Grant Program 2023 Application Cycle. F. ARPA funding to be utilized for the purchase of a new Fire Rescue Boat. G. Legal Invoices June/July 2023. H. Commission Meeting Minutes. Motion: 17 Meeting Minutes City Commission Meeting Boynton Beach, FL September 5, 2023 Commissioner Cruz moved to approve the consent agenda. Commissioner Kelley seconded the motion. The motion passed unanimously. 7. Consent Bids and Purchases over $100,000 A. Proposed Resolution No. R23-007 - Bank of America - Piggybacking the City of Orlando. B. Datrium Equipment and Software Replacement - Police Department. C. Proposed Resolution No. R23-115- Flock Group Inc. - ALPR Technology and Acoustic Gunshot Detection Acquisition. D. Proposed Resolution No. R23-116- Beach Equipment Rental Concession for Boynton Beach Oceanfront Park. E. Bid Extensions and Piggy-Back Over $100,000. F. Proposed Resolution No. R23-117- Aetna Medical, Vision and Dental Contract. G. Proposed Resolution No. R23-118-Amendment FY 2022-23 Solid Waste Fund 431. H. Vehicle Purchases - September 2023. Motion: Commissioner Cruz moved to approve Consent Bids and Purchases over $100,000. Commissioner Hay seconded the motion. In a roll call vote, 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. Bay Walk Major Site Plan Modification and Master Plan Modification (MSPM 23-004 & MPMD 23-003). B. Bay Walk Variance (ZNCV 23-003). 18 Meeting Minutes City Commission Meeting Boynton Beach, FL September 5, 2023 Interim City Attorney Tolces swore in anyone who will be offering testimony for 8A or 8B. He confirmed that disclosures made by Commission Members occurred at the beginning of the meeting. Mayor Penserga said that 8A and 8B will be heard together. Bonnie Miskel, on behalf of the applicant, spoke about the following regarding Bay Walk IPUD: project location; proposed site plan; master plan/plat parcels; proposed site plan; landscape plan; landscape plan- enlarged; project frontage and green wall; pedestrian zone- variance; proposed elevations- Building Type A; proposed elevations- Building Type B; rendering entry/Green Wall; rendering; and recap; and questions. Jae Eun Kim, City Planner, said that staff is here for any questions that they may have. Commissioner Cruz asked if this is a for sale product. Ms. Miskel responded yes. Commissioner Cruz asked what was previously approved. Ms. Miskel said that it was apartments and there were 40. Now there will be 25 townhomes that will be purchased. Commissioner Hay said that he is happy to see this project. He asked about the 2-foot variance. Ms. Miskel reiterated the variance they are requesting. She spoke about parking and said that there are 56 parking spaces total. Commissioner Kelley said that she is happy to see this development and asked how many charging stations there will be. Ms. Miskel said that the garages will be EV ready. Phillipe Regara, member of the developer team, stated that there are 4 EV charging spaces, but every unit will be EV ready. Commissioner Kelley asked about the conditional approval. 19 Meeting Minutes City Commission Meeting Boynton Beach, FL September 5, 2023 Ms. Miskel spoke about condition#15 and asked for flexibility. She said that she requested privacy fences along the property line, all the way to the buffer. She spoke about maintaining the entire property. Amanda Radigan, Planning & Zoning Director, spoke about what has been recommended and allowed in the past. There was discussion regarding the buffer and the variance request. Mayor Penserga opened to public comment: Ernest Mignoli was sworn in. He said that this is to increase the sales value of these units. There were no virtual hands. Ms. Radigan stated that if there are pools being constructed, the fence that is required must be on that property. She spoke about the fencing requirements. Ms. Miskel spoke about doing what is best for the community. Motion includes all conditions, as proposed. Motion: Commissioner Hay moved to approve Bay Walk Major Site Plan Modification and Master Plan Modification (MSPM 23-004 & MPMD 23-003). Commissioner Kelley seconded the motion. The motion passed unanimously (4-0, Vice Mayor Turkin was absent from the dais). Motion: Commissioner Hay moved to approve Bay Walk Variance (ZNCV 23-003). Commissioner Kelley seconded the motion. The motion passed unanimously (4-0, Vice Mayor Turkin was absent from the dais). C. Proposed Ordinance No. 23-016- Second Reading - Amending Chapter 27, "Advisory Boards and Committees." Motion: Commissioner Cruz moved to Table Ordinance No. 23-016 until the September 14, 2023, Meeting. Commissioner Hay seconded the motion. The motion passed unanimously (4- 0, Vice Mayor Turkin was absent from the dais). 20 Meeting Minutes City Commission Meeting Boynton Beach, FL September 5, 2023 D. Proposed Ordinance No. 23-017- Second Reading - Amending Chapter 27, "Advisory Boards and Committees", Public Art Fee. Motion: Commissioner Cruz moved to Table Ordinance No. 23-017 until the September 14, 2023, Meeting. Commissioner Hay seconded the motion. The motion passed unanimously (4-0, Vice Mayor Turkin was absent from the dais). 9. City Manager's Report— No items 10. Unfinished Business A. Discuss Town Square Investigation Scope of Work. Motion: Commissioner Kelley moved to Table this discussion until the September 14, 2023, Meeting. Commissioner Cruz seconded the motion. The motion passed unanimously (4-0, Vice Mayor Turkin was absent from the dais). B. In-House City Attorney Rankings Ms. DeCoste spoke about the following: options; update; candidates; and Commission Directives. Mayor Penserga said that this applicant does not have city attorney experience, and he is not in favor of allowing him. Commissioner Hay agrees with Mayor Penserga and said that he would like to have a full Board before we make this decision. He said he would like to table this. Motion: Commissioner Hay moved to table this discussion until the September 14, 2023, Meeting. Commissioner Cruz seconded the motion. The motion passed unanimously (4-0, Vice Mayor Turkin was absent from the dais). 11. New Business — No items. 12. Legal 21 Meeting Minutes City Commission Meeting Boynton Beach, FL September 5, 2023 A. Proposed Ordinance No. 23-018-First Reading — Wireless Communication Facility Annual Registration (CDRV 23-007). Interim City Attorney Tolces read the title into the record. Jae Eun Kim, City Planner, spoke about the following: Summary of changes; and overview of the amendment. Commissioner Kelley thanked staff for these amendments. She asked how many unused facilites do we have. Ms. Kim said that they do not currently have a clear record or database. Commissioner Kelley asked if the City will be on the hook if it is abandoned. Ms. Kim spoke about the process if that happens. Commissioner Hay asked for more info regarding the WCF and if there are violations. Ms. Kim spoke about the communication towers and said that they have been properly equipped for safety and hazard concerns. She said that does not mean that they currently comply with the current code. She confirmed that there will be a registration fee for the annual application that will be presented at the next Commission Meeting, for consideration. Motion: Commissioner Cruz moved to approve Ordinance No. 23-018. Commissioner Hay seconded the motion. In a roll call vote, the motion passed unanimously (4-0, Vice Mayor Turkin was absent from the dais). B. Proposed Ordinance No. 23-019- First Reading -8 Year General Employee Pension Plan. Interim City Attorney Tolces read the title into the record. City Manager Dugger stated that this will put our general employees in line with CBA employees. He said that this is a time sensitive item, and if this is not passed, we will lose some great individuals. He spoke about the cost savings. 22 Meeting Minutes City Commission Meeting Boynton Beach, FL September 5, 2023 Deputy City Manager Mack said that it will show a $2.5M pension fund savings. City Manager Dugger spoke about our pension being healthy and robust. Commissioner Cruz spoke about lines 107-110. City Manager Dugger said that we are never going to have a market that will be up, and he spoke about the funding. He said that the City would lose money if we did a market rate percentage. Commissioner Kelley spoke about this staying budget neutral and the participants contributing 3% in years 6-8. She mentioned that the City is investing in their employees. Commissioner Hay said that he is comfortable with the way it is written. Motion: Commissioner Hay moved to approve Ordinance No. 23-019. Commissioner Cruz seconded the motion. In a roll call vote, the motion passed unanimously (4-0, Vice Mayor Turkin was absent from the dais). C. Proposed Ordinance No. 23-020- First Reading - Boynton Beach Amendments to the 7th Edition (2020) of the Florida Building Code. Interim City Attorney Tolces read the title into the record. John Kuntzman, Building Official, spoke about the following: BBA to FBC 101.6; BBA to FBC 102.2; BBA to FBC 104.10.1 ; BBA to FBC 105.2; BBA to FBC 105.2 continued; and BBA to FBC 110.10.1. Commissioner Hay requested a list to be put together in layman's terms on what permits are needed for. Mr. Kuntzman said that he tells people to contact the building department if they ever have questions. Commissioner Kelley asked if this affects visibility rules, regarding the sheds. Mr. Kuntzman spoke about the different permits needed and when a building permit is required. He spoke about educating the citizens. 23 Meeting Minutes City Commission Meeting Boynton Beach, FL September 5, 2023 Commissioner Kelley asked about building recertification. Mr. Kuntzman spoke about the state requirement being 30 years and the City being 25 years. There was discussion regarding the recertification process. Motion: Commissioner Hay moved to approve Ordinance No. 23-020. Commissioner Cruz seconded the motion. In a roll call vote, the motion passed unanimously (4-0, Vice Mayor Turkin was absent from the dais). 13. Future Agenda Items A. Adoption of Local Rules of Procedure and Quasi-Judicial Rules pertaining to all official meetings of the City Commission of Boynton Beach, requested by Mayor Penserga. - October 3, 2023. Adopt the proposed Local Rules of Procedure. B. Discussion on best practices in regards to regulating tints for paraphernalia shops. - October 3, 2023. Discussion requested by Vice Mayor Turkin. C. Report regarding sewer spill into intracoastal waterway. - October 17, 2023 Report regarding sewer leak in the Intracoastal Waterways. Requested by Mayor Penserga. D. Discussion regarding regulations to support local businesses.- November 7, 2023 Discussion requested by Commissioner Cruz. E. Discussion regarding annexation options and procedures. — December 5, 2023 Requested by Commissioner Hay. F. Discussion regarding existing regional programs and best practices to combat homelessness in the City. - March 19, 2024. Discussion requested by Commissioner Hay. G. Advisory Board Annual Reappointments and Appointments. - Tabled from April 4, 2023.- Pending approval of Advisory Board Ordinance- September 14, 2023. H. Discussion regarding the Art Assessment Fee. - TBD 14. Adjournment 24 Meeting Minutes City Commission Meeting Boynton Beach, FL September 5, 2023 Motion: Commissioner Hay moved to adjourn the meeting. Commissioner Cruz seconded the motion. The motion passed unanimously (4-0, Vice Mayor Turkin was absent from the dais). There being no further business to discuss, the meeting was adjourned at 11:17 P.M. CITY OF BOYNTON BEACH ATT T: Maylee De, esus, MM City Clerk ���pt�i i0: t03 0. 2' HJV- 25 Heart of Boynton Unity Project 2024 HOB Unity in the Community 100th Centennial Celebration The Unity Project is an innovative art collaboration with the community: the city's local government; and artists to highlight and bring awareness to the 100 years since the passage of ordinance 37 mandating residential segregation in the City of Boynton Beach. Through the creative arts and community dialogue, the Unity Project engages the residents of the Heart of Boynton district 2.Express their overlooked history with art to enhance the community unity bonding and to celebrate with the entire City. The Heart of Boynton meets every Wednesday night from 6-8pm at Carolyn Simms Center. The Unity Project's artistic expression projects will be broadly facilitated through physical enhancements of public art, murals and historic markers for important people, places and events since the 1924 passage of residential segregation. Many expressions of African American experiences in Boynton depicting the complex history of racial disparities. The legal establishment Ordinances of racial segregation in neighborhoods is also an example. This Unity project places the community of Boynton Beach in a position to educate the community, state and nation about our shared collective past and united future. The multiple public-facing events will take place all year and located at historical sites impacted by Ordinance 37 like: the vacant lot where St. Paul AME church once stood and other locations within the area forced to relocate. The Unity Project is a hands-on and participatory event that will engage the community in places already frequented and accessed in the city community. The events and activities will take place during times when the community can attend and participate more easily. Activities will be geared towards all ages and abilities and dialogues will be presented by community leaders and th translation and sign language interpreters available during the dialogues. The Unity Project would like to include St. John. St. Paul and St Cuthbert as the main participants who existed prior to 1925. We also welcome any other community groups, churches, groups, private, governmental and/or individual artists and performers, sculptures, and many more. Contact: Br. Victor D. Norfus Phone: 61-601-0790 Date:09/03/2023 September 5, 2023 My name is Laura Ratcliff. My family and I have been residents of Boynton Beach for over three decades. When we came to Florida, we had the fortune to be able to choose to live wherever we wanted to - and we chose Boynton Beach. We chose Boynton for its small time feel and the belief that it would be a wonderful place to raise children. Sadly, much of the political upheaval of the last several years has made that no longer a truth. Unfortunately, there are citizens who come to commission meetings who spread bold-faced lies and encourage harassment of the good people of Boynton who volunteer their services and time to make the City a better place to live. Unfortunately, there are also Commissioners who are more than willing to turn a blind eye to this attempt at harassment and intimidation - specifically Commissioners Cruz and Turkin. It is shameful. This has been especially true in regards to the Arts Board and the proposed artwork for the PBS property on Congress, Patti Warashina's sculpture Harmony. In these public comments, there has been an undercurrent of racism, intolerance and complete lack of respect for Arts Board members, not to mention the public harassment of some members due to these comments. That City Commissioners did not bang a gavel when racist and disparaging remarks were made to halt them was an utter failure on their part. Additionally, the fact that Commissioner Turkin has threatened to remove certain board members if they vote to approve Harmony harkens back to a fascist and authoritarian past that destroyed world order and caused WWII. While some people may think that statement is hyperbolic, German fascism and totalitarianism began with censorship of the arts. In Nazi Germany, among the first things to be censored was art; thousands of . pieces which were designated as "degenerate" by the Nazis and thus helped incubate a "permissible" atmosphere of hatred among the ruling class and regular German citizens. Nazis wanted to "purify" German culture, much the way many commentators at these meetings in the past few weeks only want a certain type of art or by certain artists. This is unacceptable. Boynton Beach is an extremely racially diverse city. Any art in public places should be for the inclusion, enjoyment and education of all residents, not just the people who happen to scream the loudest at meetings in order to intimidate and harass people who may disagree with them. To the city commission, I say this: you MUST do better. To Vice Mayor Turkin and Commissioner Cruz, I say you do not have the right to selectively pick and choose who you represent. You must represent ALL of your constituents. You took an oath when you took office, and from what I can see, you are not upholding it. Thank you. From: David Ratcliff dratc1767@gmail.com Subject: Art Board Meeting on Harmony Piece Date: September 5,2023 at 5:52 PM To: PensergaT@bbfl.us, KelleyA@bbfl.us, HayW@bbfl.us Cc: David Ratcliff dratd767@gmail.com Good evening city commissioners and members, My name is Dave Ratcliff. I have lived in Boynton since 1992. I have raised my family here with my wife of 28 years, had the birth of our youngest (now 26) at Bethesda, had family all go to schools and colleges in Florida and have been a member of this community since it was much smaller and had cow pastures. My background is as a retired, 28 year Air Force Lt. Colonel and Gulf war combat veteran currently employed with American Airlines for 32 years as a pilot and International Captain. I am also Ace's father. To say that I'm disappointed in this commission, some of the members and some the community is being kind. I come first to support freedom of speech and expression through art. I also support our businesses and their freedoms to operate and make choices without government interference. I support the voices of those marginalized, disabled and those who have each their own opinions. That's what I fought for but and my friends died for but-to a point. I do not support people in positions of power showing favoritism and threatening to flex their authority because others may not agree with them. That is not representing all your constancy. As you hopefully are aware, the the divineness of a particular group here requiring police intervention and later outside openly threatening and yelling slurs is unacceptable in society and community. My Doctor son-in-law was harassed and threatened last meeting. Ace been bullied by inaccurately written articles and stalking behavior on social media. The commissioners and Board need to speak up and not tolerate poor behavior. You are representatives and leaders. f8S PPS NPR and many others do not see the imaginings of satanic occult or some kind of gender neutral pedophilia in the Harmony piece of art. Nor do I. It's art. i chose it, let it broaden the community. I do question what kind of persons look for and see those sick imaginings in a statue though. You have a volunteer art board which prioritizes Florida artists and has served the community for long before some political leanings of the current representatives. There have been several recommendations I will attached below, to further make the Boynton the safe, nice and community place we all would like to live in. Recommendations: 1. The Art Board already prioritizes local and Florida artists for projects funded by Boynton Beach. Maintain the option to consider national and international artists who can also contribute to the elevation of Boynton Beach. 2. Public art helps drive development, property values, and tourism, if the process is efficient. While appeal power makes sense,a 60-day timeframe is excessive and specifically hurts businesses and delays the Art Board without improving community responsiveness. 3. Veto power makes sense, but only within the framework of defined criteria to avoid unreasonable rencnrchin Pnr evamnle Vire Mavnr.Tnrlrin hac railed F rirmnnv nniitiral art(it icn'tl whirh would therefore make it off limits for government censorship. Defining causes for action with objective,measurable thresholds is necessary. 4. Enforce a truly open public comment process, including upholding guidelines of basic civility and decorum during public meetings. Stop facilitating bullying and harassment. By taking no action, you are actively suppressing the diverse voices that you are charged with representing. Sincerely, Dave David Ratcliff 717 Shore Drive Boynton Beach, FL 33435 561-596-4692 dratcl767@gmail.com September 5, 2023 Dear City Commissioners, As a resident of Boynton Beach for over 25 years, I respectfully urge you to reconsider your stance on not only the creation of Harmony but also on the removal of Ace Tilton Ratcliff's role on the City Art board. I am a firm believer in that art is supposed to evoke feeling (positively or negatively) and create healthy, constructive conversation which is exactly what Harmony achieves for the folk of Boynton Beach. My belief is that it is of vital importance that representation matters, no matter the percentage of persons, and to see a part of the Asian culture and community represented is a wonderful thing. I also feel that Harmony is a delightful change from the otherwise consistent ocean/fish theme our city seems very comfortable to go with time and time again. 1. I believe the art board already supports local Floridian artists and that maintaining the option to have national and international artists create work for our community is a valuable way to continue to build up and elevate our beloved town. 2. Although I understand the want for appeal power(within reason) I do believe that a 60 day appeal process is excessive and would delay the art board and community involvement. 3. Veto power makes sense if those powers are within a reasonable set of standard operating procedures. Otherwise there could be concerns of unreasonable censorship which makes me question the validity of the democratic system we have set in place. 4. The public audience section should absolutely not be defined by bullies or persons who believe harassment, name calling, threats of violence and more are reasonable actions. The point of this is to be able to have professionalism and decorum during these sessions which it is your job, commissioner, to enforce. By staying silent you are allowing the bylaws of democracy allegedly set in place to be broken and creating an unsafe environment to be able to speak. I urge you to please consider ALL of your constituents that you represent within our community, not just those who believe harassment, bullying and violence are the main resource and option for communication. People in your community should not have to fear for their safety when venturing outside of their homes because they happen to have varying political beliefs. Our beautiful once small town is growing and changing, Commissioner. That is inevitable. It is our job as both political representatives and residents alike to help facilitate a healthy and sustainable development of the future for our community. The community you took an oath to represent fairly and equally. Harmony is a beautiful opportunity to do exactly that. Thank you for your time and consideration. Please do not hesitate to contact me with any questions. Warm regards, Annabelle Ochinero September 5, 2023 Dear City Commissioners, My name is Derek Calhoon. I am a Boynton Beach resident and homeowner. I work as an emergency veterinarian in the city, providing life-saving care and end-of-life services for all types of pets in my community. Due to this work, I will be unable to attend tomorrow's City Commission meeting, so I would like to share my thoughts via email about amendments coming up for vote. First, I want to share my experience attending the Art Board meeting on August 10 regarding the Harmony art installation. There was a group of people holding up signs and speaking in opposition to Harmony, most of whom also spoke at the subsequent City Commission meeting. During her brief participation in the meeting, Commissioner Cruz shook hands with this group, winked at them, and said, "You're welcome"to them after reading her prepared statement in opposition to Harmony. I understood this to mean that Commissioner Cruz's comments were meant to express her support for the views of this group. I spoke during the public comment period in support of Harmony, expressing that since the piece is funded by a private company, the Art Board was beholden to a narrowly prescribed set of criteria upon which to approve, disapprove, or approve with conditions, the art piece. This criteria exists specifically to prevent government censorship of protected speech. When I returned to my seat after speaking, a man from that group asked me what my address was and behaved so aggressively that a police officer intervened to caution him. As I walked to my car leaving the meeting, a driver from that group turned his vehicle toward me and yelled, "Fuck you,you piece of shit, get the fuck out of our town!" I encountered a group of people at the exit of the building who said they'd been physically threatened and experienced racist remarks from the same folks, so they were grouping together to feel safer getting to the parking lot. These experiences made me feel afraid not only to participate in these meetings, but to physically be out in public in my city. Vice-Mayor Turkin was the only other City Commissioner to participate in the meeting, and, as with Commissioner Cruz, only for part of it. As a member of Mr. Turkin's constituency, I was shocked and disappointed to hear him threaten the Art Board members with removal if they approved Harmony. He failed as my representative when he then expressed to the City Commission that he attended the Art Board meeting and said nobody supported the approval of Harmony. As with Commissioner Cruz, he has uplifted and supported the voices of violent bullies. 1 This is unacceptable. This has not been a conversation of reasonable discourse with respect on both sides. It has been a scary episode that makes people who are interested in art and diversity and people in marginalized communities feel unsafe speaking up because we have literally been told that we are not welcome here. This includes egregious breaches of decorum during the public comment period, where an Art Board member was misgendered, accused of connections to pedophilia, accused of murdering dogs and suggested they would likely then murder humans, without any intervention from the City Commission. The silence from the Commissioners during this repeated behavior created an unambiguous precedent of approval for such remarks. I write you with a knot in my stomach and a feeling of unsafety in my community. Please consider who you represent and how you're impacting them with the proposed amendments, including the following: 1. The Art Board already prioritizes local and Florida artists for projects funded by Boynton Beach. Do not support the voices who are literally saying"Fuck you, you piece of shit, 2. Public art helps drive development, property values, and tourism, if the process is efficient. While appeal power makes sense, a 60-day timeframe is excessive and specifically hurts businesses and delays the Art Board without improving community responsiveness. 3. Veto power makes sense, but only within the framework of defined criteria to avoid unreasonable censorship. For example, Vice Mayor Turkin has called Harmony political art(it isn't), which would therefore make it off limits for government censorship. Defining causes for action with objective, measurable thresholds is necessary. 4. Enforce a truly open public comment process, including upholding guidelines of basic civility and decorum during public meetings. Stop facilitating bullying and harassment. By taking no action, you are actively suppressing the diverse voices that you are charged with representing. Thank you for your time and attention, please reach me with any questions you may have. Kind Regards, Derek Calhoon I he/him/they/them 510-258-8866 2 September 5, 2023 Dear Mayor Penserga, My name is Ace Tilton Ratcliff. I am a member of the Art Advisory Board. I have lived in Boynton Beach for the majority of my life. I returned in 2019 with my partner in order to buy a house, open an in-home veterinary practice, work as an artist and writer, and live closer to my family, who have been here for more than 30 years. I am a Dreyfoos graduate and an alumnus of UCF. I won't assume you've heard of me. But if any of the stories about me have reached your desk, I hope you take them with a grain of salt. The videos included in those stories take my words out of context and are inaccurate as to what I actually communicated. If you'd like a detailed breakdown of what has transpired thus far, I'm happy to provide it. I will leave my phone number at my signature. I believe in equity, equality, fairness, and justice for all—the great promise of the American dream, one that we are still trying today to achieve. I'd like to address some of the proposed amendments that will be up for public discussion tomorrow, as well as some of the issues around Patti Warashina's proposed sculpture with PBS. I know that tomorrow is the second reading of the amendments to the Advisory Boards and Committees chapter. I don't expect you to have done a deep dive on them, but public art programs benefit the community in a multitude of ways, and have done so since the Public Works Administration as part of the New Deal in 1933. Economically, public art increases property values, creates an environment more conducive to business development, and draws in tourists. It helps brand a city,boosting creative industries and even contributing as a catalyst for economic revival (see: Wynwood). A 2017 study conducted by Americans for Arts provided a quantifiable impact of arts and culture, finding that the industry generated $4.68 billion of economic activity in Florida, supporting over 130,000 full-time jobs and generating $3.5 billion in resident household income. It also delivers$492.3 million in local and state government revenue. That same website shows local studies for cities and towns nearby; it would behoove us to include Boynton Beach and get hard numbers on how public arts benefit us, because they already do, even if we don't yet have the numbers. Socially, public art engages audiences, creating spaces within which people can identify themselves. It connects to the past, present, and future of a place, contributing to civic pride and often fostering an appreciation of cultural heritage. It enlivens cities, bringing people together and promoting engagement and interaction. It can represent marginalized communities and open discussions about past and present inequity while encouraging conversations about future equality. It can also promote positive emotions. improving mental and physical health, 1 alleviating loneliness and isolation. Public art literally makes us slow down in order to better take it all in. Boynton Beach has taken a great step in creating an Arts Board made up of local individuals with varying levels of expertise in the arts to help create a beautified city that is more than just the sum of its parts. As you know,we meet monthly, with agendas available to the public in advance. Unfortunately,we rarely see commissioners at our meetings(with the exception of Vice Mayor Turkin's furious rant last month, threatening our removal from the board if we didn't vote the way he preferred on Patti Warashina's sculpture,Harmony. We also had Commissioner Cruz show up briefly that same day—but only long enough to say her piece and immediately disappear. Much of the information she demanded at the following commission meeting had been answered by PBS' presentation and the board discussion, had she deigned to stay.)If commissioners are unwilling to prioritize attendance at these meetings, I would encourage that the city put more effort into having those meetings recorded and subsequently posted online for accessibility. I hope that you will help us accomplish that goal. Since the Commission does not attend meetings or review minutes, they failed to realize that the Art Board already places a priority on Floridian artists, with a strong emphasis on uplifting local artists, especially when spending taxpayer or grant funds. Of course that's what we want to do and how we want to spend our money. We recently even compiled and voted on a list of local artists for regular reference and use during projects. The Art Board has also discussed the idea of coming up with a statement for the art that defines Boynton Beach, but as a queer person with multiple marginalized identities, I am concerned about what it means to define art within someone else's narrow and rigid framework. After all, until June of 1967, miscegenation was still the law of the land. That is within our parents' lifetimes. The Respect for Marriage Act didn't pass until December 2022. How does one plan to define"family friendly" art, I wonder, if their idea of"family" doesn't include queer people or people of color? I hope that given your own marginalized identities, you are aware of the fine line of that balancing act as we move forward. Per the proposed amendments, insisting that developers limit themselves to artists only from Florida is not only counterintuitive to encouraging development in Boynton, but forces us into insularity. It also removes the ability to elevate Boynton by bringing in renowned and(in the case of Patti Warashina)internationally recognized artists—the exact kind of artists and work that will encourage tourism and economic expenditure. I am hopeful you will suggest an adjustment of the language to promote local and Floridian artists without removing the ability to include voices outside of Florida. We are an amazingly diverse city. That exact kind of diversity is so important to the American dream, and giving Boynton Beachers the ability to experience art from outside our state only expands our horizons. 2 Additionally, per the amendments, a 60-day appeal by the board will only serve to slow down local development and undermine the purpose of a board purportedly composed of experts. Again, if the commission chooses to be involved, 30 days should be plenty of time to appeal work presented by the Art Board. I hope that you will move to bring that time period down. Appeal powers as well as veto powers make sense, but should require explicit definitions moving forward. Without specifically defined criteria and an objective measurement of the will of the people(i.e., statistically significant, neutral, and scientifically rigorous surveys), an overarching veto merely creates the opportunity for tyrannical censorship, such as we have seen attempted with Harmony. Just like city commission meetings, we have an open public audience that is very rarely used by the public—which we wish were not the case. We all volunteer our time to be involved in city government, and we would love to see more city participation. However,that participation (either at the Art Board or City Commission meetings)should not be defined by bullies. Freedom of speech is a basic tenant of existing as an American. There is no such thing as freedom from consequences if that speech is hateful, bigoted, or unkind. I have spent the last month of my life being publicly harassed as a result of my civic participation. I have had multiple"ails" written about me that have ID sgendered me and attempted to use me as a target for riled up, angry people. Just last week, I was cornered and screamed at in the Home Depot parking lot and called obscenities. I have been told that I am satanic and attempting to silence other board members. My removal has been demanded from the board. I have had photos taken of my body and posted on social media so that people can try to connect my tattoos with the occult and pedophilia. I have been accused of murdering dogs, and had to listen while the entire commission and everyone in attendance was told that I would move on to murdering people next. Unfortunately, not one of the commissioners interrupted that broach in decorum, reprimanded the personal attacks, or removed the speakers from public comment. It took two weeks for me to even hear back from the city after I tried to put my concern on record about the harassment. As a volunteer, I have no HR department with which I can file a complaint. I am also not the only person involved with the discussion around Harmony who has dealt with harassment,though it has been most targeted towards me. I have also listened as audience members speaking at the Art Board meeting told me they were threatened with bodily harm and racist statements, expressing such fear that they felt they needed to be escorted to the parking lot. The allowance of this behavior creates a cooling effect, where people with"opposing" viewpoints to the loudest voices are genuinely afraid to be involved in local government because 3 of the intentional tenor being created by those who oppose art and ideas that they deem inappropriate. Mayor, the freedom to create and experience works of art is essential to our democracy. Institutions like democracy or representational government do not protect themselves. They fall one after another unless each is defended from the beginning. The role of artists is to create new perspectives through their artworks. Controversy in art sparks public discourse and challenges societal norms and beliefs. It is also normal for art to not be 100%popular with every single person. The individual has the right to accept or reject art for themselves personally,but they do not have the right to suppress or censor such artwork or artists with whom they do not agree. All censorship is contrary to democratic principles. I strongly encourage you to stand up for what is right tomorrow during the city commission meeting by suggesting changes to these amendments. I also hope that you will vote to allow PBS to move forward with the creation of Harmony at their new development site. And, finally, I hope that you will vote for me to be allowed to continue to serve on the Arts Board for my second term once the proposed amendments have been voted on and board appointments are no longer in flux. Please do not allow the bullies to target and change the way the city creates and encourages art any more than they already have. Please continue to use your power and platform to allow for a diversity of ideas and viewpoints and an Art Board that performs its tasks to the best of its ability as a group of selected experts in the field. Thank you for your time and again, my phone is always on for conversation. Warmlyp,ce,TcAptt ,' '1' !i Ace Tilton Ratcliff I they/them St4v Weird, Be Kind Twitter I Jnstagram 561-376-3640 Access is a human right for all, regardless of disability status. To facilitate open communication, I am happy to: 4 limit e-mail to specific times of day; use subject line keywords; use(or not use)bold, italics, or other styles for legibility; use specific quoting patterns(above,below, point by point); reformat for screen readers, or anything else you may find helpful. 5 September 5, 2023 Dear Vice Mayor Turkin, My name is Ace Tilton Ratcliff. You know who I am; you and I have had an open dialogue over the time you've been in office. Despite our differences in politics, I have found you to be a responsive and communicative member of the Commission when I have reached out to you with my needs as a constituent. As you know, I am a member of the Art Advisory Board. You likely don't know that I've lived in Boynton Beach for the majority of my life. I come from a military family—my father is a retired USAF lt. colonel and flew jets in Desert Storm. After he was injured ejecting from his jet, he decided to fly commercially, and we moved to South Florida because Miami is a hub for American Airlines. We have been here ever since, for more than 30 years. After a decade away from South Florida, I returned in 2019 with my partner in order to buy a house; open an in-home veterinary practice focused on end of life care for pets; work as an artist and writer; and live closer to my family. I am a Dreyfoos graduate and an alumnus of UCF. I operate a small Little Free Pantry and Little Free Library out of my front yard that many of my neighbors depend upon. Like you, I try to do what I can to give back to the city where my family and I have spent so much time. I know, by this point, that the inflammatory and untrue stories about me have reached your desk. I also know by your response that you have not taken them with a grain of salt. You have called for my removal from the Art Board, both before and after the Harmony vote. You have demanded an investigation into my behavior by the city attorney. You have failed to staunch the harassment I have repeatedly received at the hands of your supporters. You have not, however, reached out to me to have a calm, reasonable conversation or get my side of the story. I find myself disappointed that I haven't heard from you yet, despite our open lines of communication, but perhaps I shouldn't be surprised, since you seem to tacitly agree with the way I've been treated since the August Art Board meeting. I have spent the last month of my life being publicly harassed as a result of my civic participation. I have had multiple"articles"written about me that have misgendered me and attempted to use me as a target for riled up, angry people. Just last week, I was cornered and screamed at in the Woolbright Home Depot parking lot and called obscenities. (And yes, I have video.)I have been told that I am satanic and attempting to silence other board members. Vice Mayor Turkin, does it even make sense that someone who looks like me would attempt to silence white women from speaking? Would that not be counterintuitive to my own privileges, since my appearance is that of a white woman? Does it not make more sense that the videos included in 1 those stories take my words out of context and are inaccurate as to what I actually communicated? My removal has been demanded from the board by commissioners and members of the public, despite the fact that I have served honorably through one term, showing up despite multiple, invasive surgeries as a result of my rare degenerative condition. I have had strangers take photos of my body, posting them on social media so that their audience can try to connect my tattoos with the occult and pedophilia. I have been accused of murdering dogs, and had to listen while the entire commission and everyone in attendance was told that I would move on to murdering people next. Unfortunately, not one of the commissioners interrupted that broach in decorum, reprimanded the personal attacks, or removed the speakers from public comment. It took two weeks for me to even hear back from the city after I tried to put my concern on record about the harassment. As a volunteer, I have no HR department with which I can file a complaint. I am also not the only person involved with the discussion around Harmony who has dealt with harassment,though it has been most targeted towards me. I have also listened as audience members speaking at the Art Board meeting told me they were threatened with bodily harm and racist statements, expressing such fear that they felt they needed to be escorted to the parking lot. Vice Mayor Turkin, I believe in equity, equality, fairness, and justice for all—the great promise of the American dream, one that we are still trying today to achieve. I like to think that you believe in the same,but your behavior to this point has not reflected that. You have allowed a small number of your constituents to push lies about LGBTOIA+ people being groomers and pedophiles, inaccurately connecting the Harmony sculpture with ideas about gender that are completely unrelated. You have allowed them to take an innocent sculpture and twist it into bizarre claims about sexuality, despite clear demonstrations by PBS that the sculpture is completely acceptable for children. You have also taken their side in expressing fury over Patti Warashina's prior sculptures, which have nothing to do with the art proposed at PBS but have plenty to do with her First Amendment rights—the exact same rights you are supposed to protect as a proud Navy reservist. I don't think I'm going to change your mind, Vice Mayor Turkin. I do think it's important to remind you that you have an obligation to all of your constituents, not just the loudest, cruelest ones. In the last Commission meeting, you repeatedly said that no one you represented wanted Harmony placed. Guess what? I'm still one of your constituents. So is my partner. You are obligated to represent us, even if you disagree with us. That is a responsibility I also take seriously as a member of the Arts Board, which is why I voted to approve the sculpture after my 2 research led me to the overwhelming conclusion that the vast majority of Boynton Beachers have no issues with it. The allowance of the harassing behavior I have received creates a cooling effect, where people with"opposing" viewpoints to the loudest voices are genuinely afraid to be involved in local government because of the intentional terror being created by those who oppose art and ideas that they deem inappropriate. I know that tomorrow is the second reading of the amendments to the Advisory Boards and Committees chapter. I'd like to address some of the proposed amendments that will be up for public discussion tomorrow. I don't expect you to have done a deep dive on them since you repeatedly stated that you aren't an"art guy," but public art programs benefit the community in a multitude of ways, and have done so since the Public Works Administration as part of the New Deal in 1933. Economically, public art increases property values, creates an environment more conducive to business development, and draws in tourists. It helps brand a city,boosting creative industries and even contributing as a catalyst for economic revival (see: Wynwood). A 2017 study conducted by Americans for Arts provided a quantifiable impact of arts and culture, finding that the industry generated $4.68 billion of economic activity in Florida, supporting over 130,000 full-time jobs and generating $3.5 billion in resident household income. It also delivers$492.3 million in local and state government revenue. That same website shows local studies for cities and towns nearby; it would behoove us to include Boynton Beach and aet hard numbers on how public arts benefit us,because they already do, even if we don't yet have the numbers. Socially, public art engages audiences, creating spaces within which people can identify themselves. It connects to the past, present, and future of a place, contributing to civic pride and often fostering an appreciation of cultural heritage. It enlivens cities,bringing people together and promoting engagement and interaction. It can represent marginalized communities and open discussions about past and present inequity while encouraging conversations about future equality. It can also promote positive emotions, improving mental and physical health, alleviating loneliness and isolation. Public art literally makes us slow down in order to better take it all in. Boynton Beach has taken a great step in creating an Arts Board made up of local individuals with varying levels of expertise in the arts to help create a beautified city that is more than just the sum of its parts. As you know, we meet monthly, with agendas available to the public in advance. Unfortunately, we rarely see commissioners at our meetings, with the exception of your furious rant last month,threatening our removal from the board if we didn't vote the way you wanted us to on Harmony. You didn't bother to respect us enough as a Board to stay for the 3 whole meeting. We also had Commissioner Cruz show up briefly that same day—but only long enough to say her piece and immediately disappear. Much of the information you both demanded at the following commission meeting had been answered by PBS' presentation and the board discussion, had either of you deigned to stay. If commissioners are unwilling to prioritize attendance at these meetings, I would encourage that the city put more effort into having those meetings recorded and subsequently posted online for accessibility. I hope that you will help us accomplish that goal. Since the Commission does not attend meetings or review minutes,they failed to realize that the Art Board already places a priority on Floridian artists, with a strong emphasis on uplifting local artists, especially when spending taxpayer or grant funds. Of course that's what we want to do and how we want to spend our money. We are those artists when we don't serve on the board. We recently even compiled and voted on a list of local artists for regular reference and use during projects. Again,you might have known that if you spent any time interested in what the Board does beyond Harmony. The Art Board has also discussed the idea of coming up with a statement for the art that defines Boynton Beach,but as a queer person with multiple marginalized identities, I am concerned about what it means to define art within someone else's narrow and rigid framework. After all, until June of 1967, miscegenation was still the law of the land. That is within our parents' lifetimes. The Respect for Marriage Act didn't pass until December 2022. How does one plan to define"family friendly" art, I wonder, if their idea of"family" doesn't include queer people or people of color? I hope that you are aware of the fine line of that balancing act as we move forward. Per the proposed amendments, insisting that developers limit themselves to artists only from Florida is not only counterintuitive to encouraging development in Boynton,but forces us into insularity. It also removes the ability to elevate Boynton by bringing in renowned and(in the case of Patti Warashina)internationally recognized artists—the exact kind of artists and work that will encourage tourism and economic expenditure. I am hopeful you will suggest an adjustment of the language to promote local and Floridian artists without removing the ability to include voices outside of Florida. We are an amazingly diverse city. That exact kind of diversity is so important to the American dream, and giving Boynton Beachers the ability to experience art from outside our state only expands our horizons. Additionally, per the amendments, a 60-day appeal by the board will only serve to slow down local development and undermine the purpose of a board purportedly composed of experts. Again, if the commission chooses to be involved, 30 days should be plenty of time to appeal work presented by the Art Board. I hope that you will move to bring that time period down. 4 Appeal powers as well as veto powers make sense, but should require explicit definitions moving forward. Without specifically defined criteria and an objective measurement of the will of the people(i.e., statistically significant, neutral, and scientifically rigorous surveys), an overarching veto merely creates the opportunity for tyrannical censorship, such as we have seen attempted with Harmony. Creating specificity in how the city public is involved with choosing art will also serve to create quantifiable numbers that illustrate the ways in which art improves Boynton Beach, as aforementioned. Just like city commission meetings, we have an open public audience that is very rarely used by the public—which we wish were not the case. We all volunteer our time to be involved in city government, and we would love to see more city participation. However, that participation (either at the Art Board or City Commission meetings) should not be defined by bullies. Freedom of speech is a basic tenet of existing as an American. There is no such thing as freedom from consequences if that speech is hateful, bigoted, or unkind. Vice Mayor, the freedom to create and experience works of art is essential to our democracy. Institutions like democracy or representational government do not protect themselves. They fall one after another unless each is defended from the beginning. You know this, or you would not have volunteered to be part of our military. The role of artists is to create new perspectives through their artworks. Controversy in art sparks public discourse and challenges societal norms and beliefs. It is also normal for art to not be 100%popular with every single person. (I know not everyone loves the sculpture Calvalcade placed at 500 Ocean!)The individual has the right to accept or reject art for themselves personally, but they do not have the right to suppress or censor such artwork or artists with whom they do not agree. All censorship is contrary to democratic principles which you purport to hold dear enough to give your life for. I strongly encourage you to stand up for what is right tomorrow during the city commission meeting by suggesting changes to these amendments. I also hope that you will vote to allow PBS to move forward with the creation of Harmony at their new development site. And, finally, I hope that you will vote for me to be allowed to continue to serve on the Arts Board for my second term once the proposed amendments have been voted on and board appointments are no longer in flux. Again, I am happy to talk with you about what was said and communicated at the last Art Board meeting. I am only a phone call away. I know we both live in the same district, since you are my representative. Please continue to use your power and platform to allow for a diversity of ideas and viewpoints and an Art Board that performs its tasks to the best of its ability as a group of selected experts in the field. 5 Thank you for your time. W Y, +'i, ./14- Ace i ton Ratcliff they/the Stay Weird, Be Kind Twitter f Instagram 561-376-3640 Access is a human right for all, regardless of disability status. To facilitate open communication, I am happy to: limit e-mail to specific times of day; use subject line keywords; use(or not use)bold, italics, or other styles for legibility; use specific quoting patterns(above, below, point by point); reformat for screen readers, or anything else you may find helpful. 6 September 5, 2023 Dear Commissioner Cruz, My name is Ace Tilton Ratcliff. I am a member of the Art Advisory Board. I have lived in Boynton Beach for the majority of my life. I am a Dreyfoos graduate and an alumnus of UCF. After a decade away from South Florida, I returned in 2019 with my partner in order to buy a house; open an in-home veterinary practice focused on end of life care for pets; work as an artist and writer; and live closer to my family, who have been here for more than 30 years. I operate a small Little Free Pantry and Little Free Library out of my front yard that many of my neighbors depend upon. I won't assume you've heard of me. But if any of the stories about me have reached your desk, I hope you take them with a grain of salt. The videos included in those stories take my words out of context and are inaccurate as to what I actually communicated. If you'd like a detailed breakdown of what has transpired thus far, I'm happy to provide it. I will leave my phone number at my signature. Commissioner Cruz, I believe in equity, equality, fairness, and justice for all—the great promise of the American dream, one that we are still trying today to achieve. I like to think that you believe in the same,but your behavior to this point has not reflected that. You have allowed a small number of your constituents to push lies about LGBTQIA+ people being groomers and pedophiles, inaccurately connecting the Harmony sculpture with ideas about gender that are completely unrelated. You have allowed them to take an innocent sculpture and twist it into bizarre claims about sexuality, despite clear demonstrations by PBS that the sculpture is completely acceptable for children. You have also taken their side in expressing fury over Patti Warashina's prior sculptures, which have nothing to do with the art proposed at PBS but have plenty to do with her First Amendment rights. I don't think I'm going to change your mind, Commissioner Cruz. I do think it's important to let you know that I have spent the last month of my life being publicly harassed as a result of my civic participation. I have had multiple"articles" written about me that have misgendered me and attempted to use me as a target for riled up, angry people. Just last week, I was cornered and screamed at in the Woolbright Home Depot parking lot and called obscenities. (And yes, I have video.)I have been told that I am satanic and attempting to silence other board members. My removal has been demanded from the board by commissioners and members of the public, despite the fact that I have served honorably through one term, showing up during multiple invasive joint surgeries as a result of my rare degenerative condition. 1 I have had strangers take photos of my body, posting them on social media so that their audience can try to connect my tattoos with the occult and pedophilia. I have been accused of murdering dogs, and had to listen while the entire commission and everyone in attendance was told that I would move on to murdering people next. Unfortunately, not one of the commissioners interrupted that broach in decorum, reprimanded the personal attacks, or removed the speakers from public comment. It took two weeks for me to even hear back from the city after I tried to put my concern on record about the harassment. As a volunteer, I have no HR department with which I can file a complaint. I am also not the only person involved with the discussion around Harmony who has dealt with harassment,though it has been most targeted towards me. I have also listened as audience members speaking at the Art Board meeting told me they were threatened with bodily harm and racist statements, expressing such fear that they felt they needed to be escorted to the parking lot. The allowance of the harassing behavior I have received creates a cooling effect, where people with"opposing" viewpoints to the loudest voices are genuinely afraid to be involved in local government because of the intentional terror being created by those who oppose art and ideas that they deem inappropriate. I know that tomorrow is the second reading of the amendments to the Advisory Boards and Committees chapter. I'd like to address some of the proposed amendments that will be up for public discussion tomorrow. I don't expect you to have done a deep dive on them, but public art programs benefit the community in a multitude of ways, and have done so since the Public Works Administration as part of the New Deal in 1933. Economically, public art increases property values, creates an environment more conducive to business development, and draws in tourists. It helps brand a city,boosting creative industries and even contributing as a catalyst for economic revival (see: Wynwood). A 2017 study conducted by Americans for Arts provided a quantifiable impact of arts and culture, finding that the industry generated$4.68 billion of economic activity in Florida, supporting over 130,000 full-time jobs and generating $3.5 billion in resident household income. It also delivers $492.3 million in local and state government revenue. That same website shows local studies for cities and towns nearby; it would behoove us to include Boynton Beach and uet hard numbers on how public arts benefit us, because they already do, even if we don't yet have the numbers. Socially, public art engages audiences, creating spaces within which people can identify themselves. It connects to the past, present, and future of a place, contributing to civic pride and often fostering an appreciation of cultural heritage. It enlivens cities, bringing people together and promoting engagement and interaction. It can represent marginalized communities and open discussions about past and present inequity while encouraging conversations about future 2 equality. It can also promote positive emotions, improving mental and physical health, alleviating loneliness and isolation. Public art literally makes us slow down in order to better take it all in. Boynton Beach has taken a great step in creating an Arts Board made up of local individuals with varying levels of expertise in the arts to help create a beautified city that is more than just the sum of its parts. As you know,we meet monthly, with agendas available to the public in advance. Unfortunately,we rarely see commissioners at our meetings, with the exception of Vice Mayor Turkin's furious rant last month, threatening our removal from the board if we didn't vote the way he wanted us to on Harmony. He didn't bother to respect us enough as a Board to stay for the whole meeting. You also showed up briefly that same day—but only long enough to say your piece and immediately disappear. Much of the information you both demanded at the following commission meeting had been answered by PBS' presentation and the board discussion,had either of you deigned to stay. If commissioners are unwilling to prioritize attendance at these meetings, I would encourage that the city put more effort into having those meetings recorded and subsequently posted online for accessibility. I hope that you will help us accomplish that goal. Since the Commission does not attend meetings or review minutes, they failed to realize that the Art Board already places a priority on Floridian artists, with a strong emphasis on uplifting local artists, especially when spending taxpayer or grant funds. Of course that's what we want to do and how we want to spend our money. We are those artists when we don't serve on the board. We recently even compiled and voted on a list of local artists for regular reference and use during projects. Again, you might have known that if you spent any time interested in what the Board does beyond Harmony. The Art Board has also discussed the idea of coming up with a statement for the art that defines Boynton Beach before you condescendingly gave it to us as"homework," but as a queer person with multiple marginalized identities, I am concerned about what it means to define art within someone else's narrow and rigid framework. After all, until June of 1967, miscegenation was still the law of the land. That is within our parents' lifetimes. The Respect for Marriage Act didn't pass until December 2022. How does one plan to define"family friendly" art, I wonder, if their idea of"family" doesn't include queer people or people of color? I hope that you are aware of the fine line of that balancing act moving forward. Per the proposed amendments, insisting that developers limit themselves to artists only from Florida is not only counterintuitive to encouraging development in Boynton, but forces us into insularity. It also removes the ability to elevate Boynton by bringing in renowned and(in the case of Patti Warashina)internationally recognized artists—the exact kind of artists and work that will encourage tourism and economic expenditure. I am hopeful you will suggest an 3 adjustment of the language to promote local and Floridian artists without removing the ability to include voices outside of Florida. We are an amazingly diverse city. That exact kind of diversity is so important to the American dream, and giving Boynton Beachers the ability to experience art from outside our state only expands our horizons. Additionally, per the amendments, a 60-day appeal by the board will only serve to slow down local development and undermine the purpose of a board intentionally composed of experts. Again, if the commission chooses to be involved in ways they have failed to do so to this point, 30 days should be plenty of time to appeal work presented by the Art Board. I hope that you will move to bring that time period down. Appeal powers as well as veto powers make sense, but should require explicit definitions moving forward. Without specifically defined criteria and an objective measurement of the will of the people(i.e., statistically significant, neutral, and scientifically rigorous surveys), an overarching veto merely creates the opportunity for tyrannical censorship, such as we have seen attempted with Harmony. Creating specificity in how the city public is involved with choosing art will also serve to create quantifiable numbers that illustrate the ways in which art improves Boynton Beach, as aforementioned. Just like city commission meetings, we have an open public audience that is very rarely used by the public—which we wish were not the case. We all volunteer our time to be involved in city government, and we would love to see more city participation. However, that participation (either at the Art Board or City Commission meetings) should not be defined by bullies. Freedom of speech is a basic tenet of existing as an American. There is no such thing as freedom from consequences if that speech is hateful, bigoted, or unkind. Vice Mayor, the freedom to create and experience works of art is essential to our democracy. Institutions like democracy or representational government do not protect themselves. They fall one after another unless each is defended from the beginning. The role of artists is to create new perspectives through their artworks. Controversy in art sparks public discourse and challenges societal norms and beliefs. It is also normal for art to not be 100%popular with every single person. (I know not everyone loves the sculpture Cavalcade placed at 500 Ocean!)The individual has the right to accept or reject art for themselves personally, but they do not have the right to suppress or censor such artwork or artists with whom they do not agree. All censorship is contrary to democratic principles which you claim to hold dear enough to serve on city government to uphold. I strongly encourage you to stand up for what is right tomorrow during the city commission meeting by suggesting changes to these amendments. I also hope that you will vote to allow PBS 4 to move forward with the creation of Harmony at their new development site. And, finally, I hope that you will vote for me to be allowed to continue to serve on the Arts Board for my second term once the proposed amendments have been voted on and board appointments are no longer in flux. Again, I am happy to talk with you about what was said and communicated at the last Art Board meeting. Please use your power and platform to allow for a diversity of ideas and viewpoints and an Art Board that reasonably performs its tasks to the best of its ability as a group of selected experts in the field. Thank you for your time. Warml , ifo / (�l Y Ace Tilton Ratcliff I they/them`I� Stay Weird, Be Kind Twitter I Instagram 561-376-3640 Access is a human right for all, regardless of disability status. To facilitate open communication, I am happy to: limit e-mail to specific times of day; use subject line keywords; use(or not use)bold, italics, or other styles for legibility; use specific quoting patterns(above, below, point by point); reformat for screen readers, or anything else you may find helpful. 5 September 5, 2023 Dear Commissioner Hay, My name is Ace Tilton Ratcliff. I am a member of the Art Advisory Board. I have lived in Boynton Beach for much of my life(though not quite as long as you have!)I returned to Boynton Beach in 2019 with my partner in order to buy a house, open an in-home veterinary practice, work as an artist and writer, and live closer to my family, who have been here for more than 30 years. Like you, I am a Dreyfoos graduate. I am also an alumnus of UCF. I operate a small Little Free Pantry and Little Free Library out of my front yard, and like you, I try to do what I can to give back to the city where my family and I have spent so much time. I know that you also served as the Executive Secretary for the Jean Cobbs Sickle Cell Center; I am also disabled and spend much of my time focused on activism and education about my rare disease, Ehlers-Danlos Syndrome. I won't assume you've heard of me. But if any of the stories about me have reached your desk, I hope you take them with a grain of salt. The videos included in those stories take my words out of context and are inaccurate as to what I actually communicated. If you'd like a detailed breakdown of what has transpired thus far, I'm happy toprovide it. I will leave my phone number at my signature. I believe in equity, equality, fairness, and justice for all—the great promise of the American dream, one that we are still fighting today to achieve. I know that tomorrow is the second reading of the amendments to the Advisory Boards and Committees chapter. I don't expect you to have done a deep dive on this, but public art programs benefit the community in a multitude of ways, and have done so since the Public Works Administration as part of the New Deal in 1933. Economically, public art increases property values, creates an environment more conducive to business development, and draws in tourists. It helps brand a city, boosting creative industries and even contributing as a catalyst for economic revival (see: Wynwood in Miami). A 2017 study conducted by Americans for Arts provided a quantifiable impact of arts and culture, finding that the industry generated $4.68 billion of economic activity in Florida, supporting over 130,000 full-time jobs and generating $3.5 billion in resident household income. It also delivers $492.3 million in local and state government revenue. That same website shows local studies for cities and towns nearby; it would behoove us to include Boynton Beach and aet hard numbers on how public arts benefit us,because they already do, even if we don't yet have the numbers. Socially, public art engages audiences, creating spaces within which people can identify themselves. It connects to the past, present, and future of a place, contributing to civic pride and often fostering an appreciation of cultural heritage. It enlivens cities, bringing people together and promoting engagement and interaction. It can represent marginalized communities and open discussions about past and present inequity while encouraging conversations about future equality. It can also promote positive emotions, improving mental and physical health, alleviating loneliness and isolation. Public art literally makes us slow down in order to better take it all in. Boynton Beach has taken a great step in creating an Arts Board made up of local individuals with varying levels of expertise in the arts to help create a beautified city that is more than just the sum of its parts. As you know, we meet monthly, with agendas available to the public in advance. Unfortunately, we never see commissioners at our meetings(with the rare exception of Vice Mayor Turkin's furious rant last month, threatening our removal from the board if we didn't vote the way he preferred on Patti Warashina's sculpture,Harmony. We also had Commissioner Cruz show up briefly that same day—but only long enough to say her piece and immediately disappear. Much of the information she demanded at the following commission meeting had been answered by PBS' presentation and the board discussion, had she deigned to stay. )If commissioners are unwilling or unable to prioritize attendance at these meetings, I would encourage that the city put more effort into having those meetings recorded and subsequently posted online, like the city commission meetings. I know that you are all trying to balance raising your families, working full-time, and serving on the city board already. I hope that you will help us accomplish the goal of making these meetings easier to access. Also, since the commission does not attend Art Board meetings or review minutes, they did not realize that the Art Board already places a priority on Floridian artists, with a strong emphasis on uplifting local artists, especially when spending taxpayer or grant funds. Of course that's what we want to do and how we want to spend our money. We recently even compiled and voted on a list of local artists for regular reference and use during projects. The Art Board has also discussed the idea of coming up with a statement for the art that defines Boynton Beach, but as a queer person with multiple marginalized identities, I am concerned about what it means to define art within someone else's narrow framework. After all, until June of 1967, miscegenation was still the law of the land. That is within your lifetime. The Respect for Marriage Act didn't pass until December, 2022. How does one plan to define"family friendly" art, I wonder, if their idea of"family" doesn't include queer people or people of color? Many of my own marginalized identities are invisible in a way that grants me significant privilege. I suspect you are extremely aware of the fine line of that balancing act as we move forward. Per the proposed amendments, insisting that developers limit themselves to artists only from Florida is not only counterintuitive to encouraging development in Boynton, but forces us into insularity. It also removes the ability to elevate Boynton by bringing in renowned and(in the case of Patti Warashina)internationally recognized artists—the exact kind of artists and work that will encourage tourism and economic expenditure. I am hopeful that you suggest an adjustment of the language to promote local and Floridian artists without removing the ability to include voices outside of Florida. We are an amazingly diverse city. That exact kind of diversity is so important to the American dream, and giving Boynton Beachers the ability to experience art from outside our state only expands our horizons. Additionally, per the amendments, a 60-day appeal by the board will only serve to slow down local development and undermine the purpose of a board purportedly composed of experts. Again, if the commission chooses to be involved, 30 days should be plenty of time to appeal work presented by the Art Board. I hope that you will move to bring that time period down. Appeal powers as well as veto powers make sense, but should require explicit definitions moving forward. Without specifically defined criteria and an objective measurement of the will of the people(i.e., statistically significant, neutral, and scientifically rigorous surveys), an overarching veto merely creates the opportunity for tyrannical censorship, such as we have seen attempted with Harmony. Just like city commission meetings, we have an open public audience that is very rarely used by the public—which we wish were not the case. We all volunteer our time to be involved in city government, and we would love to see more city participation. However, that participation (either at the Art Board or City Commission meetings) should not be defined by bullies. Freedom of speech is a basic tenant of existing as an American. There is no such thing as freedom from consequences if that speech is hateful, bigoted, or unkind. I have spent the last month of my life being publicly harassed as a result of my civic participation. I have had multiple"articles"written about me that have misgendered me and attempted to use me as a target for riled up, angry people. Just last week, I was cornered and screamed at in the Home Depot parking lot and called obscenities. I have been told that I am satanic and attempting to silence other board members. My removal has been demanded from the board. I have had photos taken of my body and posted on social media so that people can try to connect my tattoos with the occult and pedophilia. I have been accused of murdering dogs, and had to listen while the entire commission and everyone in attendance was told that I would move on to murdering people next. Unfortunately, not one of the commissioners interrupted that broach in decorum, reprimanded the personal attacks, or removed the speakers from public comment. It took two weeks for me to even hear back from the city after I tried to put my concern on record about the harassment. As a volunteer, I have no HR department with which I can file a complaint. I am also not the only person involved with the discussion around Harmony who has dealt with harassment, though it has been most targeted towards me. I have also listened as audience members speaking at the Art Board meeting told me they were threatened with bodily harm and racist statements, expressing such fear that they felt they needed to be escorted to the parking lot in order to avoid being alone. The allowance of this behavior creates a cooling effect, where people with"opposing" viewpoints to the loudest voices are literally afraid to be involved in local government because of the intentional terror being created by those who oppose art and ideas that they deem inappropriate. Commissioner, the freedom to create and experience works of art is essential to our democracy. Institutions like democracy or representational government do not protect themselves. They fall one after another unless each is defended from the beginning. The role of artists is to create new perspectives through their artworks. Controversy in art sparks public discourse and challenges societal norms and beliefs. The individual has the right to accept or reject art for themselves personally, but they do not have the right to suppress or censor such artwork or artists with whom they do not agree. All censorship is contrary to democratic principles. I strongly encourage you to stand up for what is right tomorrow during the city commission meeting by suggesting changes to these amendments. I also hope that you will vote to allow PBS to move forward with the creation of Harmony at their new development. And, finally, I hope that you will vote for me to be allowed to continue to serve on the Arts Board for my second term once the proposed amendments have been voted on and board appointments are no longer in flux. Thank you for your time and again, my phone is always on for conversation. Warmly, Pcl (_Uko .l� �-p�� , ! .1' I,: e Tilton Ratcliff I they/th• Stay Weird. Be Kind Twitter I Instagram 561-376-3640 Access is a human right for all, regardless of disability status. To facilitate open communication, I am happy to: limit a-mail to specific times of day; use subject line keywords; use(or not use)bold, italics, or other styles for legibility; use specific quoting patterns(above, below, point by point); reformat for screen readers, or anything else you may find helpful. r � September 5, 2023 Dear Commissioner Kelley, My name is Ace Tilton Ratcliff. I am a member of the Art Advisory Board. Like you, I have lived in Boynton Beach for much of my life. Like you, I come from a military family—my father is retired USAF and flew jets in Desert Storm. I returned to Boynton Beach in 2019 with my partner in order to buy a house, open an in-home veterinary practice, work as an artist and writer, and live closer to my family, who have been here for more than 30 years. Like you, I am a Dreyfoos graduate. I am also an alumnus of UCF. I won't assume you've heard of me. But if any of the stories about me have reached your desk, I hope you take them with a grain of salt. The videos included in those stories take my words out of context and are inaccurate as to what I actually communicated. If you'd like a detailed breakdown of what has transpired thus far, I'm happy to provide it. I will leave my phone number at my signature. I believe in equity, equality, fairness, and justice for all—the great promise of the American dream, one that we are still trying today to achieve. If your family is anything like mine, you have spent your life talking about how a successful American democracy requires sacrifice, commitment, and involvement. I know that tomorrow is the second reading of the amendments to the Advisory Boards and Committees chapter. I don't expect you to have done a deep dive on this, but I suspect you already know that public art programs benefit the community in a multitude of ways, and have done so since the Public Works Administration as part of the New Deal in 1933. As a Dreyfoos graduate, I know you have firsthand the experience of how deeply art can impact life. Economically, public art increases property values, creates an environment more conducive to business development, and draws in tourists. It helps brand a city,boosting creative industries and even contributing as a catalyst for economic revival (see: Wynwood). A 2017 study conducted by Americans for Arts provided a quantifiable impact of arts and culture, finding that the industry generated $4.68 billion of economic activity in Florida, supporting over 130,000 full-time jobs and generating $3.5 billion in resident household income. It also delivers $492.3 million in local and state government revenue. That same website shows local studies for cities and towns nearby; it would behoove us to include Boynton Beach and get hard numbers on how public arts benefit us, because they already do, even if we don't yet have the numbers. Socially, public art engages audiences, creating spaces within which people can identify themselves. It connects to the past, present, and future of a place, contributing to civic pride and often fostering an appreciation of cultural heritage. It enlivens cities, bringing people together and promoting engagement and interaction. It can represent marginalized communities and open discussions about past and present inequity while encouraging conversations about future equality. It can also promote positive emotions,improving mental and physical health, alleviating loneliness and isolation. Public art literally makes us slow down in order to better take it all in. Boynton Beach has taken a great step in creating an Arts Board made up of local individuals with varying levels of expertise in the arts to help create a beautified city that is more than just the sum of its parts. As you know, we meet monthly, with agendas available to the public in advance. Unfortunately, we never see commissioners at our meetings(with the rare exception of Vice Mayor Turkin's furious rant last month, threatening our removal from the board if we didn't vote the way he preferred on Patti Warashina's sculpture,Harmony. We also had Commissioner Cruz show up briefly that same day—but only long enough to say her piece and immediately disappear. Much of the information she demanded at the following commission meeting had been answered by PBS' presentation and the board discussion, had she deigned to stay. ) If commissioners are unwilling or unable to prioritize attendance at these meetings, I would encourage that the city put more effort into having those meetings recorded and subsequently posted online, like the city commission meetings. I know that you are all trying to balance raising your families, working full-time, and serving on the city board already. I hope that you will help us accomplish the goal of making these meetings easier to access. Also, since the commission does not attend Art Board meetings or review minutes, they did not realize that the Art Board already places a priority on Floridian artists, with a strong emphasis on uplifting local artists, especially when spending taxpayer or grant funds. Of course that's what we want to do and how we want to spend our money. We recently even compiled and voted on a list of local artists for regular reference and use during projects. The Art Board has also discussed the idea of coming up with a statement for the art that defines Boynton Beach, but as a queer person with multiple marginalized identities, I am concerned about what it means to define art within someone else's narrow framework. After all, until June of 1967, miscegenation was still the law of the land. That is within our parents' lifetimes. The Respect for Marriage Act didn't pass until December 2022. How does one plan to define"family friendly" art, I wonder, if their idea of"family" doesn't include queer people or people of color? Growing up, Dreyfoos was a safe space for many marginalized identities in ways that"normal" high schools often weren't. Again, I know you spoke out against limiting us to"coastal" artwork (all fish and nothing but the fish!)in the future, so I suspect you are aware of the fine line of that balancing act as we move forward. Per the proposed amendments, insisting that developers limit themselves to artists only from Florida is not only counterintuitive to encouraging development in Boynton, but forces us into insularity. It also removes the ability to elevate Boynton by bringing in renowned and(in the case of Patti Warashina)internationally recognized artists—the exact kind of artists and work that will encourage tourism and economic expenditure. I am hopeful that you suggest an adjustment of the language to promote local and Floridian artists without removing the ability to include voices outside of Florida. We are an amazingly diverse city. That exact kind of diversity is so important to the American dream, and giving Boynton Beachers the ability to experience art from outside our state only expands our horizons. Additionally, per the amendments, a 60-day appeal by the board will only serve to slow down local development and undermine the purpose of a board purportedly composed of experts. Again, if the commission chooses to be involved, 30 days should be plenty of time to appeal work presented by the Art Board. I hope that you will move to bring that time period down. Appeal powers as well as veto powers make sense, but should require explicit definitions moving forward. Without specifically defined criteria and an objective measurement of the will of the people(i.e., statistically significant, neutral, and scientifically rigorous surveys), an overarching veto merely creates the opportunity for tyrannical censorship, such as we have seen attempted with Harmony. Just like city commission meetings,we have an open public audience that is very rarely used by the public—which we wish were not the case. We all volunteer our time to be involved in city government, and we would love to see more city participation. However, that participation (either at the Art Board or City Commission meetings) should not be defined by bullies. Freedom of speech is a basic tenant of existing as an American. There is no such thing as freedom from consequences if that speech is hateful, bigoted, or unkind. I have spent the last month of my life being publicly harassed as a result of my civic participation. I have had multiple"articles"written about me that have misgendered me and attempted to use me as a target for riled up, angry people. Just last week, I was cornered and screamed at in the Home Depot parking lot and called obscenities. I have been told that I am satanic and attempting to silence other board members. My removal has been demanded from the board. I have had photos taken of my body and posted on social media so that people can try to connect my tattoos with the occult and pedophilia. I have been accused of murdering dogs, and had to listen while the entire commission and everyone in attendance was told that I would move on to murdering people next. Unfortunately, not one of the commissioners interrupted that broach in decorum, reprimanded the personal attacks, or removed the speakers from public comment. It took two weeks for me to even hear back from the city after I tried to put my concern on record about the harassment. As a volunteer, I have no HR department with which I can file a complaint. I am also not the only person involved with the discussion around Harmony who has dealt with harassment,though it has been most targeted towards me. I have also listened as audience members speaking at the Art Board meeting told me they were threatened with bodily harm and racist statements, expressing such fear that they felt they needed to be escorted to the parking lot in order to avoid being alone. The allowance of this behavior creates a cooling effect, where people with"opposing" viewpoints to the loudest voices are literally afraid to be involved in local government because of the intentional terror being created by those who oppose art and ideas that they deem inappropriate. Commissioner,the freedom to create and experience works of art is essential to our democracy. Institutions like democracy or representational government do not protect themselves. They fall one after another unless each is defended from the beginning. The role of artists is to create new perspectives through their artworks. Controversy in art sparks public discourse and challenges societal norms and beliefs. The individual has the right to accept or reject art for themselves personally, but they do not have the right to suppress or censor such artwork or artists with whom they do not agree. All censorship is contrary to democratic principles. I strongly encourage you to stand up for what is right tomorrow during the city commission meeting by suggesting changes to these amendments. I also hope that you will vote to allow PBS to move forward with the creation of Harmony at their new development. And, finally, I hope that you will vote for me to be allowed to continue to serve on the Arts Board for my second term once the proposed amendments have been voted on and board appointments are no longer in flux. Thank you for your time and again, my phone is always on for conversation. W X , !. Ac o Ratc i 1 th /t em 1 Stay Weird. Be Kind Twitter Instagram 561-376-3640 Access is a human right for all, regardless of disability status. To facilitate open communication, I am happy to: limit e-mail to specific times of day; use subject line keywords; use(or not use)bold, italics, or other styles for legibility; use specific quoting patterns(above, below, point by point); reformat for screen readers, or anything else you may find helpful. De Jesus, Maylee From: Mcllroy, Manny Sent: Tuesday, September 5, 2023 10:41 PM To: De Jesus, Maylee Subject: Third statement for artist I've been given another statement for another artist to be put into the record.This is from Kim Taylor. "My name is Kim Taylor, I'm a local artist and art educator, and I came out to show support for an artist whose work I admire and and I'm thrilled to see the proposed public work for PBS. I know the Art Board prioritizes local and Florida artists, something that appeals to me as a Florida artist. But having the opportunity to invite art from other parts of the country and or the world, more broadly draws attention to the city of Boynton Beach and this region of SE Florida.The 60-day appeal process is excessive, meaning two full months can pass to delay the progression of the art's development. Regarding the veto power,the criteria should be clearly defined to prevent censorship.An open public comment process should strictly enforce civility to protect against bullying and harassment.Thank you." Take care, Manny Manny Mcllroy GIS Analyst Innovation Technology Solutions Mailing Address: P.O. Box 310 I Boynton Beach, Florida 33425 Physical Address: 100 E. Ocean Ave. I Boynton Beach, Florida 33435 t. 561-742-6077 McllroyM@bbfl.us I ® boynton-beach.org/ lig COW o og Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. 1 De Jesus, Maylee From: Mcllroy, Manny Sent: Tuesday, September 5, 2023 10:13 PM To: De Jesus, Maylee Subject: Statement given by online participate. Statement given in Go To Webinar by Peggie Lowenberg: Dear MayorT-this is a critical hour to stand for democracy, freedom,justice, and protection of culture-I am a professional artist in this county and stand among dozens of others here. The proposed sculpture designed by a master artist, Ms. Patti Warashina, needs to be lauded and supported by the local community. It is joyous,fun, lovely, child-like, celebratory, and innovative.I am sure you can ask a panel of over 100 top professional curators, auspicious academic art historians, and museum directors across the state and country and they would concur.There is nothing harmful in this playful figure!!!! Please do not force us to organize unnecessarily,the professional art organizations and the above listed professionals to engage in this travesty of accusations, bigotry, and lack of aesthetic knowledge, I trust you will find the strength and wisdom to do the right thing! I pray protection over you at this moment of courage and unity. Go high when others go low! We are rooting for you. Letting others know about the zoom meeting tonight. For the arts and life in all their messy splendor, Peggie (Batia) Lowenberg Boca Raton, FL P.S. I am a Christian, a Jewish Christian and I do not agree with the fear-based perceptions that those opposed to this lovely sculpture are claiming. If anything,this sculpture is very'pro-kid', most probably and if you asked a large group, i bet they would love it! I have taught 7-18 year-olds art at the Boys &Girls Club. Q:The above is for the Mayor and All City Commissioners.Thanks for your service! 1 Manny Mcllroy GIS Analyst Innovation Technology Solutions Mailing Address: P.O. Box 310 I Boynton Beach, Florida 33425 Physical Address: 100 E. Ocean Ave. I Boynton Beach, Florida 33435 561-742-6077 McllroyM@bbfl.us I ® boynton-beach.org/ a © � d o _ o Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. 2 De Jesus, Maylee From: Mcllroy, Manny Sent: Tuesday, September 5, 2023 10:23 PM To: De Jesus, Maylee Subject: Second statement given in Go To Webinar Hey Maylee, This is another statement that was sent to me through Go To Webinar. It was sent by Jocelyn Chemel: "My name is Jocelyn Chemel I am an artist and art teacher in Delray. I know that there are four amendments that is being asked to be changed. One being that the artist should be from Florida. i would like to say that art has always been controversial for the people of the day. Sometimes the people of the day are not ready to accept the artists vision because the artist is ahead of their time. Michelangelo and da Vinci were controversial in their time, And today they are considered the greatest artists of all time. Controversy in art is good It is not something to run away from. We need to be challenged to open our minds. Wareshinas sculpture asks us to see the universal theme of music bringing us together in a playful way. Her"figure"may be misconstrued by some and controversial as were Leornado's nudes in his day. They exist today in Europe and people have been able to enjoy these figures without feeling like they are demonic. This controversy shows the limitation of the viewer not the artist.Artists are our society's important way of challenging us to be critical thinkers, curious and of expansively intelligent. So limiting art to be from Floridian artistis will not serve the greater good." Take care, Manny Manny Mcllroy GIS Analyst Innovation Technology Solutions Mailing Address: P.O. Box 310 I Boynton Beach, Florida 33425 Physical Address: 100 E.Ocean Ave. I Boynton Beach, Florida 33435 561-742-6077 0 McllroyM@bbfl.us I ® boynton-beach.org/ oEpE I o _ oE Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure.