Minutes 08-01-23 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, August 1, 2023, at 6:00 P.M.
Present:
Mayor Ty Penserga Andrew Mack, Deputy City Manager
Vice Mayor Angela Cruz David Tolces, Interim City Attorney
Commissioner Woodrow L. Hay Maylee De Jesus, City Clerk
Commissioner Thomas Turkin
Commissioner Aimee Kelley
1. Agenda Items
A. Call to Order - Mayor Ty Penserga
Mayor Penserga called the meeting to order at 6:01 P.M.
Roll Call
City Clerk Maylee De Jesus called the roll. Vice Mayor Turkin joined virtually. A quorum
was present.
Invocation by Pastor Amalie Ash, First Presbyterian.
Invocation was given by Pastor Ash.
Pledge of Allegiance to the Flag led by Vice Mayor Turkin.
Vice Mayor Turkin led the Pledge of Allegiance to the Flag.
Agenda Approval:
1 . Additions, Deletions, Corrections
Vice Mayor Turkin asked for an update from staff regarding the Town Square
Investigation.
David Tolces, Interim City Attorney, stated that they are reviewing the documents and
coming up with a scope of work for the Commission, and will seek direction from
Commission.
Mayor Penserga asked that the City Manager provide a report on the intracoastal sewer
spillage, including what was the cause of the leak, when and how it was detected, what
did staff do, and what steps are being taken so it does not happen again. He added for
future discussion: creating a new charter office- office of the city auditor; creating a
citywide cleanliness and beautification program; consider outsourcing a firm for strategic
marketing and branding of Boynton Beach.
Meeting Minutes
City Commission Meeting
Boynton Beach, FL August 1, 2023
Andrew Mack, Deputy City Manager, asked for timeframe on the discussions.
Mayor Penserga said that he wants them on the next agenda for discussion.
2. Adoption
Motion:
Commissioner Kelley moved to approve the agenda as amended. Commissioner Cruz
seconded the motion. The motion passed unanimously.
2. Other
A. Informational items by the Members of the City Commission.
Commissioner Kelley stated that she had no disclosures.
Commissioner Hay stated that he had no disclosures. He said that the night market was
"off the chain" and had never seen so many people attending an event. He encouraged
the audience to attend the events.
Vice Mayor Turkin stated that he had no disclosures, and that he attended the Boynton
Strong Event, which was great.
Commissioner Cruz stated that she had no disclosures, and that she also attended the
Night Market and it was an amazing event.
Mayor Penserga stated that he has no disclosures. He mentioned that he attended the
school supply drive with Boynton Strong. He thanked Commissioner Hay for welcoming
him to St. Johns, and said that he wants to attend different places of worship and events,
in the City.
3. Announcements, Community and Special Events and Presentations
A. Career Online High School Graduates - Certificate of Achievement.
Craig Clark, Library Director, introduced the Alejandra Garcia and Rozana Jeune, and
said that they graduated with their high school diploma through their program.
Mayor Penserga and the Commission presented the ladies with a certificate.
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Boynton Beach, FL August 1, 2023
Alejandra Garcia stated that she is grateful for this opportunity. She spoke about her
background, and being a young mom. She thanked her mom for pushing her to get this
diploma.
Rozanna Jeune spoke about her background, and her accomplishments with her
education, because she did not think that she would be here. She stated that her family
encouraged her to not give up. She thanked the Commission for allowing this ceremony.
3B- New City Employee
Poonam Kalkat, Director of Utilities, introduced the Sustainability and Resiliency
Administrator Alannah Irwin.
Ms. Irwin spoke about her education and professional background. She said that she is
looking forward to working for the City.
Mayor Penserga welcomed her to the City.
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).
Harry Woodworth stated that the Night Market was awesome. He commented on wanting
the report for the sewer issue, and asked for a root cause analysis. He spoke about a
Citywide cleanup, and a tree that blocks the sidewalk off of Ocean Avenue. He said that
he sent a letter to the Commission thanking the staff for their response on what he wrote
to them about.
James Young thanked the City for the way they are coming together, and doing events,
and collaborating with the community. He spoke about his non-profit organization, and
needing funding from the City to help him get this off the ground, and the benefits of his
organization.
Cindy Falco de Corrado spoke about the 125% increase to the Commission, and not
allowing this go to Charter. She stated that they should have term limits to two years. She
said that the functions that they attend are not their jobs. She mentioned that she would
like the art changed outside, and a park at Forest Park. She said that they do not want a
strong Mayor form of government.
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Jackie (no last name given) asked if the Commission are laundering money. She said
that the military is watching everything that they do. She spoke about the satanic benches,
and faces of the devil artwork outside of City Hall. She said that they need to stop with
the raises that they are trying to give themselves.
Anita Gabriel spoke about needing help, physically and mentally.
There were no online comments.
5. Administrative
6. Consent Agenda
A. Proposed Resolution No. R23-095- Hampshire Gardens Condo
Construction and Access Easement.
B. Legal Invoices June 2023.
C. Purchases over $10,000 for June 2023.
Motion:
Commissioner Hay moved to approve the consent agenda. Commissioner Cruz
seconded the motion. The motion passed unanimously.
7. Consent Bids and Purchases over $100,000
A. Vehicles to Purchase- Solid Waste Side Loaders
B. Proposed Resolution R23-096- A & Associates Annual Blanket Purchase
Order & Piggyback Agreement.
C. Bid Extensions and Piggy-Backs Over $100,000
D. Proposed Resolution No. R23-097- Replacement of heating ventilating and
air conditioning (HVAC) systems at the Women's Club.
Commissioner Kelley pulled item #7D.
Commissioner Cruz pulled item #7A.
Motion:
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Boynton Beach, FL August 1, 2023
Commissioner Kelley moved to approve the Consent Bids and Purchases over
$100,000, as amended. Commissioner Hay seconded the motion. The motion
passed unanimously.
7A. Vehicles to Purchase- Solid Waste Side Loaders
Mario Guzman, Director of Public Works, stated that this is to purchase two side loaders,
and spoke about being able to get loaders a year earlier than originally anticipated.
Commissioner Cruz thanked staff for being proactive.
Motion:
Commissioner Cruz moved to approve the Vehicles to purchase. Commissioner Hay
seconded the motion. The motion passed unanimously.
7D. Proposed Resolution No. R23-097- Replacement of heating ventilating and
air conditioning (HVAC) systems at the Women's Club.
Mr. Guzman stated that this is to replace the AC unit at the Woman's Club, and that their
goal is to have this ready for rental by October 1st.
Commissioner Kelley said that pulled this because she wanted to know when it will be
back up and running, and mentioned that it is a great rental facility.
Motion:
Commissioner Kelley moved to approve Resolution No. R23-097. Commissioner Hay
seconded the motion. The motion passed unanimously.
8. Public Hearing
6 p.m. or as soon thereafter as the agenda permits.
The City Commission will conduct these public hearings in its dual capacity as
Local Planning Agency and City Commission.
A. Proposed Ordinance No. 23-014- Second Reading- Environmental
Protection Standards Land Development Regulation Amendment (CDRV
23-005).
Interim Attorney Tolces read the ordinance by title into the record.
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Jae Eun Kim, Principal Planner, said that there are no changes from first to second
reading. She spoke about the following regarding Landscape permit environmental
protection standard: summary of changes; landscape permit; update and clean up Part
III, Chapter 4, Article I; mitigations- replacement requirements; caliper replacement;
canopy replacement; and payment in-lieu of replacement.
Mayor Penserga opened to public comment:
Cindy Falco de Corrado asked for clarity, whether they are removing different palm trees
and if they are placing trees. She asked where the trees are at, that will be removed.
There was one hand raised for virtual comments.
Mark Myer said that he looked at the documents and spoke about the verbiage regarding
the trust fund. He asked if there are relocation requirements for trees.
Commissioner Cruz asked for clarification regarding the payment in-lieu of requirement.
Interim Attorney Tolces stated that he reads the language the same way that
Commissioner Cruz interpreted it.
Amanda Radigan, Director of Planning and Zoning, spoke about payment in-lieu of and
when it is required.
Commissioner Cruz asked if we can incorporate the same types of trees in the areas that
they are replacing trees.
Ms. Radigan said that is their intention.
Commissioner Hay asked for clarification on businesses participating in this.
Ms. Kim spoke about the funding source.
Ms. Radigan said that the funds are not to remove trees, they are to plant trees. She
spoke about the requirements to replace the trees.
Ms. Kim spoke about the funding and what it can be used for.
Ms. Radigan spoke about a variance during a landscape planning request.
Commissioner Kelley asked why we would not address relocating a tree.
Ms. Radigan spoke about the difficulty to relocate a tree successfully.
Ms. Kim further spoke about relocating trees, and preserving trees.
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Motion
Vice Mayor Turkin moved to approve Ordinance No. 23-014. Commissioner Hay
seconded the motion. In a roll call vote, the motion passed unanimously.
9. City Manager's Report- None
10. Unfinished Business
A. Update on in-house City Attorney and direction from Commission.
Tennille DeCoste, Director of Human Resources and Risk Management, spoke about the
history of this item. She mentioned how many candidates qualified and asked how the
Commission would like to move forward.
Commissioner Cruz said that she reviewed the applications, and that there were two she
thought would be qualified. She stated that it is important to select the right people in the
position. She mentioned that she would like to move forward with the two she liked, and
continue to allow the window open for another 30 days.
Vice Mayor Turkin said that he would like to pick the top candidates, and start the
interviewing process. He said that he has his top 3, and he is not opposed to leaving the
30-day window open.
Commissioner Hay said that he would like to move ahead with 3 candidates and start
interviewing, and that he is open to leaving the 30-day window open, but he is ready to
move ahead with the three.
Commissioner Kelley stated that she has not been able to narrow her decision down. She
spoke about what she is looking for. She said that she would like to start the interview
process, and that she would defer to Ms. DeCoste regarding leaving the window open.
Ms. DeCoste spoke about reopening the window after interviewing candidates. She
suggested that we move forward with interviewing.
Commissioner Hay asked if Interim Attorney Tolces' firm is willing to stay with us as
interim.
Interim Attorney Tolces responded yes.
Mayor Penserga said that he would like to open this for another 30 days, and then wait
to interview after that timeframe.
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Boynton Beach, FL August 1, 2023
Commissioner Hay asked if we decided on how many candidates we want to narrow down
to.
Mayor Penserga said that he thinks 3 is a safe number.
There was consensus about ranking the top 5 and interviewing the top 3.
There was discussion about the process, and approving the ranking list.
Commissioner Hay said that he thinks we should move ahead with the 13 that have
applied, and we should do the ranking at the next meeting.
Mayor Penserga said that he would like to see the application process open for an extra
30 days.
Vice Mayor Turkin suggested opening it up for 2 weeks, and start interviewing candidates,
but leave the door open for new candidates.
Commissioner Hay asked Legal if there is a violation to open up the application period for
another 30 days.
Commissioner Kelley asked for the procedure to be clarified.
There was discussion regarding the process and their next steps.
11. New Business
A. Proposed Resolution No. R23-098- Community Development Block Grant
FY 2023 Annual Action Plan.
Mara Frederiksen, Director of Finance, spoke about the following: CDBG- FY2023 Annual
Action Plan; public services activities recommended for funding; housing activity
recommended for funding; other activities recommended for funding; and summary of
CDBG Funding uses
Commissioner Kelley asked if we will have spent what we need to spend by the deadline.
Ms. Frederiksen responded yes.
Commissioner Hay said that he would like to do more research.
Vice Mayor Turkin asked if this could be used for seniors.
Ms. Frederiksen said yes.
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Boynton Beach, FL August 1, 2023
Vice Mayor Turkin spoke about a clubhouse being burned down and not knowing if they
can count on their insurance, and asked if this could help. He said that he is not ready to
move forward.
RJ Ramirez, Community Improvement Manager, spoke what the funds can be used for,
and about the deadline of August 16.
Vice Mayor Turkin asked if they can wait until the next Commission Meeting on August
15th.
Mr. Ramirez spoke about the process and said that he is available to answer questions
anytime.
Commissioner Cruz spoke about the process; the amount of money available for the
different programs; and how much has been given back to the community already.
Ms. Frederiksen spoke about the funding that they have provided and how many
applicants they have been able to help.
Mr. Ramirez further spoke about the funding that has been given out.
Commissioner Cruz spoke about rules and regulations, and asked for a short presentation
to show the process to apply to the program.
Ms. Frederiksen spoke about not having the 15-year mortgage and seeing more
participation because of that.
Mr. Ramirez spoke about the leftover funds that they had, and how the program is being
ran.
Commissioner Kelley asked why are we not managing more of the funds, and why we
are outsourcing it.
Mr. Ramirez said that he does not have the staffing for it.
Commissioner Kelley stated that she would like to see us manage the funds more. she
asked what our involvement is with the application process.
Mr. Ramirez spoke about our involvement in choosing applicants. He said that there are
checks and balances all the way through. He talked about needing more staff to be able
to do this all in-house.
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Commissioner Cruz asked about funding a position for this department. Mr. Ramirez
spoke about amendments that can be made.
Motion:
Vice Mayor Turkin moved to table Resolution No. R23-098, until August 15, 2023.
Commissioner Hay seconded the motion. The motion passed unanimously.
12. Legal
A. Proposed Resolution No. R23-084- Declaration of Surplus Property.
Candace Walls, Assistant to the City Manager, spoke about the Background.
Mayor Penserga asked if they moved forward, if this is the final sale.
Interim Attorney Tolces spoke about coming back with a contract to the Commission.
Commissioner Hay said that this is a win-win.
There were no public comments.
Motion:
Commissioner Cruz moved to approve Resolution No. R23-084. Commissioner Hay
seconded the motion. The motion passed unanimously.
B. Proposed Resolution No. R23-099- Landscape Permit application
corresponding to Ordinance No. 23-014.
Ms. Kim spoke about the proposed application that would go with Ordinance 23-014.
Commissioner Kelley asked who decides about relocation of a tree.
Ms. Kim named the people who are able to give their opinion.
There were no public comments.
Motion:
Commissioner Cruz moved to approve Resolution No. R23-099. Commissioner Hay
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seconded the motion. The motion passed unanimously.
13. Future Agenda Items
A. Consider revised local rules for approval. - August 15, 2023
B. Discussion regarding minimum level of service standards for roadways. —
Mobility Workshop scheduled for August 29, 2023
C. Discussion on best practices in regards to regulating tints for paraphernalia
shops. - October 2, 2023
D. Discussion regarding regulations to support local businesses.- November 7,
2023
E. Discussion regarding annexation options and procedures. — December 5,
2023
F. Discussion regarding existing regional programs and best practices to
combat homelessness in the City. - March 19, 2024
G. Advisory Board Annual Reappointments and Appointments. - Tabled from
April 4, 2023.- Pending approval of Advisory Board Ordinance
14. Adjournment
Commissioner Cruz thanked staff for their work.
Vice Mayor Turkin gave a shout out to staff for being prompt on concerns. He asked staff
about concerns with the permitting issue with American Classic Molding, and said that he
would like to be updated.
Commissioner Hay thanked staff.
Commissioner Kelley asked about the Harvey Oyer Charter Boat issue.
Deputy City Manager Mack said that will come back on August 15th.
Motion
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Meeting Minutes
City Commission Meeting
Boynton Beach, FL August 1, 2023
Commissioner Cruz moved to adjourn the meeting. Commissioner Kelley seconded the
motion. The motion passed unanimously.
There being no further business to discuss, the meeting was adjourned at 8:17 P.M.
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