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Minutes 10-10-23 Minutes of the Community Redevelopment Agency Board Meeting Held on Tuesday, October 10, 2023 at 6:00 PM City Hall Chambers, 100 E. Ocean Avenue and GoToWebinar Online Meeting Present: Chair Ty Penserga Thuy Shutt, Executive Director Vice Chair Thomas Turkin Tim Tack, Assistant Director Board Member Angela Cruz Kathryn Rossmell, Board Counsel Board Member Woodrow Hay Tammy Stanzione, Deputy City Clerk Board Member Aimee Kelley 1. Call to Order Chair Penserga called the meeting to order at 6:05 P.M. 2. Invocation The Invocation was given by Board Member Hay. 3. Pledge of Allegiance Vice Chair Turkin led the Pledge of Allegiance to the Flag. 4. Roll Call Ms. Tammy Stanzione, Deputy City Clerk, called the roll. A quorum was present. 5. Agenda Approval A. Additions, Deletions, Corrections to the Agenda Chair Penserga requested to pull item 15E and Board Member Cruz requested to pull item 15A. Chair Penserga requested to add a discussion on the possibility of transferring City owned property to the CRA and using it for senior affordable housing to Future Agenda. Board Member Kelley requested to add Item 14E to New Business a discussion on staffing concerns. Thuy Shutt, CRA Executive Director, requested that the quarterly report for the Pierce project be added to the November agenda. B. Adoption of Agenda Motion: Board Member Hay moved to approve the agenda, as amended. Board Member Cruz seconded the motion. The motion passed unanimously. Meeting Minutes CRA Board Meeting Boynton Beach, FL October 10, 2023 6. Legal Ms. Rossmell had no legal updates. 7. Informational Items and Disclosures by Board Members and CRA Staff: A. Disclosure of Conflicts, Contacts, and Relationships for Items Presented to the CRA Board on Agenda Board Member Kelley and Vice Chair Turkin had no disclosures. Chair Penserga and Board Members Cruz and Hay thanked the CRA staff for doing a fantastic job on the First Friday at Five event. 8. Announcements and Awards A. 2023 IEDC Award Announcement Ms. Thuy provided an overview of the 2023 IEDC Award. The CRA received the Gold Award for their efforts in the Heart of Boynton mixed-used project. She thanked the Board for the support on the project. Board Member Hay recognized Ms. Bonnie Nicklien for her participation at the IEDC conference. Board Member Cruz said the Boynton Beach presentation was well received. B. Boynton Beach Pirate Fest Announcement Ms. Mercedes Coppin, Business Development Promotions Manager, announced the return of the Boynton Beach Pirate Fest. The event will take place on October 28th and 29th, in downtown Boynton Beach. The event will be held from 10:00 am to 5:00 pm. The CRA will activate the 300 block between Third Avenue and the railroad tracks to specifically promote businesses located within the downtown corridor, as well as within the City. There will be a variety of complimentary activities as well as entertainment. For additional information go to www.bbpiratefest.com. 9. Public Comments The public comment section of the meeting is for public comment on items on the consent agenda or items that are not on the agenda. For items on the agenda, the public will be given an opportunity to comment at the time each item is considered. Each speaker will be given a total of three (3) minutes to comment; however, the Board retains the right to reduce the number of minutes prior to the start of public comment. Persons making public comment may not assign or donate their public comment time to another individual to allow that other individual additional time to comment; however, any persons requiring assistance will be accommodated as required by the Americans with Disabilities Act. Prior to addressing the Board, please go to the podium or unmute your device when prompted, and state your name and address for the record. Meeting Minutes CRA Board Meeting Boynton Beach, FL October 10, 2023 Chair Penserga opened public comments. Mark Karageorge, Boynton Beach, congratulated Board Member Hay and his wife on their anniversary. He stated that the marina operates effectively, and it averages $100K profit annually. He said the marina is a jewel and the Dockmaster is a blessing. He said if the Dockmaster gives a recommendation, follow it. The Marina operates on sound business principles. No virtual comments. Chair Penserga closed public comments. 10. Consent Agenda A. CRA Financial Report Period Ending September 30, 2023 B. Approval of the Joint Meeting of the CRA Board and City Commission Meeting Minutes for September 12, 2023 C. Approval of the CRA Board Meeting Minutes for September 12, 2023 D. Discussion and Consideration of the First Amendment to the Boynton Harbor Marina Management Agreement with Waypoint Marine, Inc. E. Approval of the Commercial Rent Reimbursement Grant Program in the Amount of $24,000 to Squeeze and Drip Boynton Beach LLC d/b/a The Seed located in Ocean Palm Plaza at 1600 N. Federal Highway, Units 14-15 F. Approval of the Commercial Property Improvement Grant Program in the Amount of $50,000 to Nate & Maddie LLC d/b/a ROK Prime Korean BBQ located in Sunshine Square at 1729 S. Federal Highway G. Approval of the Commercial Rent Reimbursement Grant Program in the Amount of $24,000 to Nate & Maddie LLC d/b/a ROK Prime Korean BBQ located in Sunshine Square at 1729 S. Federal Highway H. Approval of the Commercial Rent Reimbursement Grant Program in the Amount of $21,000 to Trilogy Fitness & MMA LLC located in Ocean Palm Plaza at 1550 N. Federal Highway, Units 4-10 Motion: Vice Chair Turkin moved to approve the Consent Agenda. Board Member Hay seconded the motion. The motion passed unanimously. 11. Pulled Consent Agenda Items None. 12. CRA Advisory Board A. Pending Assignments Meeting Minutes CRA Board Meeting Boynton Beach, FL October 10, 2023 B. Reports on Pending Assignments There were no items discussed. 13. Old Business A. Continued Discussion and Consideration of Piggy-Backing onto the City of Hollywood Contract with Circuit Transit Inc. for the BBCRA Pilot Ride Share Program. Thuy Shut, CRA Executive Director, stated that this a continued discussion of a potential pilot program for rideshare. She said that at the last meeting the Board approved the staff to piggyback the contract with Circuit Transit, Inc. She said they have met with the Deputy City Manager and Planning and Zoning staff, and it was recommended by both City and CRA staff that we look into an on-demand verses a fixed route. She stated that the on-demand route would allow a user to use the app to schedule a ride anywhere in the CRA District, a fixed route would be that they would stop certain stops. She said that without knowing the demand of rideshare at this time, it makes more sense for an on-demand option and not have vehicles waiting at stops that no one is using. They hope to continue the pilot program for six months in order to gather data. She said Circuit Transit, Inc. will provide monthly data. She noted that there will be fixed routes for City events. She reviewed the four recommendations for Board consent consideration. She confirmed that Jason Bagley, representative from Circuit Transit, Inc. was available online. Chair Penserga asked about funding. Ms. Shutt explained the if full funding is not approved, it may reduce the number of vehicles or hours of service. She added that they could offset fees through fees or advertising. She said Circuit does not like to have a user wait for more than 10 minutes for a ride. Board Member Cruz said she is in favor of on-demand. She said starting at 7:00 AM is too early and ending at 6:00 PM is too early as well. She asked for clarification on number of hours serviced and cost. She said she used Circuit in West Palm Beach, and it seems effective. She also asked what happens if they exceed the number of calls regarding their budget. She noted a small fee would help offset the cost and help reduce cancellations. Chair Penserga said that staff needs direction to proceed and not specific numbers at this point. Vice Chair Turkin said it is a great concept and thanked staff. He agreed that the hours need to be more flexible. He is in favor to focus more on local advertisement versus national. He said a small fee is palatable and cheaper that parking. He would like to stay true to the concept of waiting 10 minutes or less for a ride. He is in favor of the on-demand and supports gathering data for six months to adjust as needed. Board Member Hay supports the on-demand option and a small fee. He stated he does not have a problem with the proposed operating hours until they have more data. He asked about the vehicles. Ms. Shutt replied that it will be a mixture of vehicles and they would want more information from Mr. Bagley on what other cities are doing. She reviewed the vehicle types and number of passengers for each. She said longer trips may vehicle the vans. Meeting Minutes CRA Board Meeting Boynton Beach, FL October 10, 2023 Board Member Hay said they do not have the downtown area right now so he would like to support conservatively. He asked how quickly they could add another vehicle in the future. Mr. Bagley said additional vehicles can be added under a month due to their fleet size. Board Member Hay said he would like to focus on local advertising first. Board Member Kelley said she struggles with moving forward without a full presentation from Circuit. She said she still has many questions, and the program is not fully vetted or understood. She wants more information on hours, fees, and advertising. Chair Penserga agreed with Board Member Kelley and said there is still information they have yet to see. He said he would prefer to have an in-person presentation. Mr. Bagley said he would be happy to do a presentation. He addressed the concerns about the early morning hours and said going later into the evening may be better. He noted they can stagger the hours and vehicles and test different options to better understand demand. He said they can also survey the riders. He explained they can set up discounts and noted the highest fare they see in their communities is $2.00 in Hollywood. He described incentive programs they have done with local restaurants. Chair Penserga asked to continue the conversation with Mr. Bagley in-person due to technical difficulties. He asked to table the item and reschedule with Mr. Bagley in-person. Motion: Vice Chair Turkin moved to table item 13A until the November 13, 2023, meeting. Board Member Hay seconded the motion. The motion passed unanimously. Ms. Shutt confirmed Mr. Bagley will be invited to provide an in-person presentation. Board Member Cruz agreed that Board Member Kelley's concerns are valid. B. Discussion and Consideration of the Second Amendment to the Interlocal Agreement between the Boynton Beach CRA and the City of Boynton Beach for the Funding of the Boynton Beach Boulevard Complete Street Project. Timothy Tack, CRA Assistant Director, introduced the item. He said it is the second amendment to the interlocal agreement. He stated the additional funding request is due to increased construction costs and increased scope. The funding request is from $1.5M to $2.75M. He confirmed it will be a reimbursement to the City from the CRA. Board Member Hay asked about the increase. Ms. Shutt provided additional background on the project and funding. She said they do not know the final until the bids are back. She confirmed the overall project has escalated from $2.9M to approximately$6M and described the benefits of the signature project. She confirmed the CRA has reimbursed the City $1.1M for the design process. Meeting Minutes CRA Board Meeting Boynton Beach, FL October 10, 2023 Vice Chair Turkin said he does not want to hinder the project and wants to keep business as usual and move forward. Board Member Cruz asked if this was the TPA grant and whether they could be reimbursed more. Ms. Shutt said no because they are paying for the other 2/3 of the costs. Chair Penserga said if the costs go up, they need to pay their share. Board Member Kelley asked about the traffic light. Ms. Shutt said they have 100% design plans and the traffic light just east of 3rd is located in the bid. Board Member Kelley expressed safety concerns about a pedestrian only traffic light on a busy road. She said there may be a major incident. Mr. Tack said they can find out more information on the traffic signal. Board Member Kelley reiterated her safety concerns and the risk for parents and children in that area. Chair Penserga supported Board Member Kelley's concerns. Mr. Tack stressed that they are receiving bids in two weeks and their ability to change, or withdrawal that aspect, will be difficult. He said they can explore the actuation process with FDOT. Vice Chair Turkin echoed Board Member Kelley's concerns. He described a similar traffic light of concern on Woolbright and Federal Highway. Board Member Cruz asked staff to provide the latest versions of documents in the future. Chair Penserga asked about options for actuation. Mr. Tack said that FDOT heavily analyzed the traffic light position and location. Chair Penserga said the goal is to ensure it is safer for children crossing. Mr. Tack said they will run it is a blinking caution until it is up and running. Board Member Cruz asked if it would be possible to ask a traffic light on 2nd Street. Mr. Tack said the analysis is very lengthy and CRA staff had to push hard for it. He said they could ask if it is warranted with data to support. He said it would be difficult to incorporate a change order with this current project. Chair Penserga asked about the timeline. Ms. Shutt said this is just for the CRA to reimburse the City. Chair Penserga opened public comments. Ernest Mignoli, 710 NE 7th Street, Boynton Beach, said he spends a lot of time on Boynton Beach Boulevard. He asked them not to vote for the item. He said the plans they put up are expired. He said the federal government has a big problem with traffic calming. He said it is frightening in that area. No virtual comments. Chair Penserga closed public comments. Motion: Meeting Minutes CRA Board Meeting Boynton Beach, FL October 10, 2023 Board Member Hay moved to approve the Second Amendment to the Interlocal Agreement between the City and CRA to fund the design and construction related costs not to exceed $2.75 Million for the Boynton Beach Boulevard Complete Street Project and authorize the Board Chair to execute the document subject to final review by CRA and City legal counsels. Vice Chair Turkin seconded the motion. The motion passed unanimously. 14. New Business A. Discussion and Consideration of Options for Slip Number One at the Boynton Harbor Marina. Thuy Shut, CRA Executive Director, introduced the item and provided background information. She said they own 19 slips and 18 have been leased. She noted that attachment 3 includes three years of transient slip rentals but does not account for requests turned away. She said the slip is the most visible but has certain constraints. Brian Smith, Dockmaster, described Slip Number One but noted the Sea Mist uses the area to turn their vessel around. He said a boat could be no larger than 40'. Mr. Smith reviewed the options including transient stays and a long-term rental for an existing lease. He said placing a boat full-time would generate more revue but there are challenges. He also noted the slip is a good staging area for any future seawall repairs. Board Member Kelley agreed a transient slip rental makes the most sense due to the constraints. Board Member Hay supports the Dockmaster's recommendation of transient slip rental. Vice Chair Turkin likes the transient rental option. He said it is the fairest option. He asked what the average length of transient boats they do get. Mr. Smith said it depends on the time of year but there is demand from the smaller vessels. Vice Chair Turkin said creating two additional transient slips would be ideal in the future as they look towards the future seawall project. Board Member Cruz and Chair Penserga also support Mr. Smith's recommendation. B. Discussion and Consideration of a Resolution Authorizing CRA Executive Director Execute Agreements for Temporary Use of CRA-Owned Properties for City Events. Thuy Shut, CRA Executive Director, introduced the item and provided background. She said any use of CRA-Owned Properties currently requires a Temporary Use Agreement. She said the report contains a resolution and Temporary Use Agreement for consideration. She noted both would then go to the City Commission on October 17, 2023. Board Member Hay asked about the notice. Ms. Shutt said for future events, it would be 10 days prior to the event date. Board Member Hay parking is a challenge. Chair Penserga opened public comments. Ernest Mignoli, 710 NE 7th Street, Boynton Beach, said he lives in the middle of many of the public events. He requested more strict rules for public events. He said the parking needs to be accommodated and alcohol needs to be better controlled. Meeting Minutes CRA Board Meeting Boynton Beach, FL October 10, 2023 No virtual comments. Chair Penserga closed public comments. Motion: Board Member Cruz moved to approve both the attached Resolution of the Boynton Beach Community Redevelopment Agency Approving and Authorizing the Executive Director to Enter into Temporary Use Agreements in Her Administrative Capacity, Approving the Form of Such Agreements, and Providing an Effective Date and resolution and the Form Agreement for Use of Property. Board Member Hay seconded the motion. The motion passed unanimously. C. Discussion and Consideration of Purchase of the Property Located at 137 NE 3rd Avenue. Thuy Shut, CRA Executive Director, introduced the item and provided background. She referenced the location map. She said the price is $335,000. She noted it is adjacent to a property the CRA already owns. She said they did not have time to get an appraisal. She stated it could be used for affordable housing. Board Member Cruz said it is important to have affordable housing properties but expressed concern about not having an appraisal. Vice Chair Turkin said he is not comfortable making an offer on a property without an appraisal. He suggested it is priced too high. He liked the location and would be open to getting an appraisal done. Board Member Hay stated the location is strategic but would rather have an appraisal before making a final decision. He said he does not like to go 20% over appraisal. Board Member Kelley agreed that an appraisal is needed before they move forward. Chair Penserga asked how long the appraisal would take. Ms. Shutt said there is no urgency, but they wanted to bring it to the Board's attention. She said they will order an appraisal. Vice Chair Turkin asked if the owner approached the CRA before it went on MLS. Ms. Shutt said no but often owners do approach the CRA first. Chair Penserga clarified the direction is for staff to do an appraisal on the property. Ms. Shutt said the appraisal will take 4-5 weeks. Vice Chair Turkin asked why it would take that long. Ms. Shutt said they typically get three quotes and then they would enter into an agreement. Chair Penserga asked about an advanced bid process in the future. Ms. Shutt said they are reviewing that option. Chair Penserga likes that option so they can be more efficient and competitive in the market. Meeting Minutes CRA Board Meeting Boynton Beach, FL October 10, 2023 D. Discussion and Consideration of Transfer of City Owned Property at 1101 N. Federal Highway to CRA. Thuy Shut, CRA Executive Director, introduced the item and provided background. She said the City recently acquired the property and there is opportunity for the CRA to seek grant funding for curb and debris removal. She stated the deadline to submit the application to Solid Waste Authority is October 18, 2023. She noted one eligibility requirement for the grant is that the CRA owns the property, which is the basis for the request. She added that it is too small a lot for development but could be a good location for an entrance feature. She said the grant would also provide an opportunity to install lighting. Board Member Kelley asked if the City is willing. Ms. Shutt said she wrote a letter to Deputy City Manager Mack and the City concurs. She stated, with approval, it would go to City Commission on October 17, 2023. Board Member Hay said the building on this parcel has been on his demolition list for a while, and he is glad it is gone. He would like to see complementary entrance features and agreed that signage would serve a good purpose on the northwest corner. He said they need to continue to beautify that area. Vice Chair Turkin asked about the specific City response. Ms. Shutt said the City agrees with the transfer. She said the City does not have the bandwidth to focus on this area for beatification purposes. Board Member Cruz agrees with Board Member Hay. Chair Penserga opened public comments. Ernest Mignoli, 710 NE 7th Street, Boynton Beach, said he hopes there is widespread notice and widespread public participation. No virtual comments. Chair Penserga closed public comments. Motion: Board Member Hay moved to approve the transfer of the property located at 1101 N. Federal Highway from the City of Boynton Beach to the CRA. Vice Chair Turkin seconded the motion. The motion passed unanimously. E. Discussion on the lack of communication between CRA staff and City Staff. Board Member Kelley said she continues to have concerns between City and CRA staff, particularly around City events. She said they represent all residents and communication is key. She recently became aware of communication issues between the City staff and CRA staff regarding downtown development. She is worried that lack of communication will impede progress and the City will miss opportunities. She said the CRA leadership may not be the right fit at this time. Meeting Minutes CRA Board Meeting Boynton Beach, FL October 10, 2023 Board Member Hay said he is concerned that Board Member Kelley has those concerns. He said he does not know enough about the specifics that Board Member Kelley is referring to in order to make a comment or a recommendation. He is not aware of the issues and would need additional information. Vice Chair Turkin shared similar concerns about downtown development. He said the ball was dropped with Pirate Fest. He agreed with Board Member Kelley that it may be time for new leadership. He said his trust was previously violated and he wants to be able to trust the CRA staff. Ms. Rossmell advised that this is not a published agenda item and would need good cause to continue the discussion. Chair Penserga said that he has heard about the concerns to warrant there is good cause to continue the discussion. Board Member Cruz said she is concerned to hear about this. She said communication is a two- way street. She said Ms. Shutt has years of experience managing CRAs and this CRA as a Deputy. She is shocked to hear what is happening right now. She noted the CRA, and not the City, is the entity that has applied for grant for Boynton Beach Boulevard. She wants to have someone in the position who has experience. She stated that Ms. Shutt has demonstrated that she supports the residents and taxpayer dollars. She reiterated that she is shocked and disappointed that they are having this conversation right now. She strongly opposes a change of CRA leadership. Board Member Hay asked where this conversation is coming from and said they do not need disruption at high levels. He said they need to be upfront, and he is not aware of the problems. He said they have a great Board and have done a lot of great things together. He said they do not need to handle these types of issues in a public arena. Board Member Kelley said her concerns are not made up. She spoke with Planning and Development about downtown projects, and they have expressed communication issues with the Executive Director and City staff. She does not take her concerns lightly and has had discussions with the Executive Director privately. Board Member Cruz said she has never heard any of Board Member Kelley's concerns. She said they need to hold two entities responsible for lack of communication. She said they need more information to validate the claims being made. She said they also need to give people an opportunity to improve. She agreed with the Pirate Fest situation regarding the communication but noted there was an Interim City Manager during that time as well. She said she does not appreciate someone's job being threatened. Vice Chair Turkin said there is a lot of good work that has been done but wants to ensure there is continuity. Chair Penserga said if a motion is made to terminate the Executive Director, he requests that it be done without cause. Meeting Minutes CRA Board Meeting Boynton Beach, FL October 10, 2023 Board Member Hay said this is sudden and surprising. He said Ms. Shutt has had a tremendous track record and it is mind boggling they are discussing termination. He stated she has a lot of experience, and he will not be a part of this. He said they need more time to discuss, and something is missing. He spoke about the respect Ms. Shutt receives from other cities. He asked for more clarification. Board Member Cruz said they do not want special interests like developers to run the CRA. She said they want to have someone in the Executive Director position that is for the people and protecting tax dollars. She cautioned the Board members to be careful who they take advice from. She asked for clarification about the rules. Ms. Rossmell stated she pulled the Executive Director's contract and termination may be accomplished unilaterally by the Board at any duly noticed public meeting. She said a termination must be stated if it is with or without cause. She added that without cause would entitle Ms. Shutt to severance pay of between 3-20 weeks from the effective date of termination. Board Member Cruz asked how many votes would be needed tonight to terminate Ms. Shutt. Ms. Rossmell confirmed it would be three votes. Board Member Hay said they just gave Ms. Shutt an increase in salary. He asked where she fell off the track in the last few months. Board Member Cruz said if they move in the direction of termination, they will kill the morale of the CRA. She said they could have added the item to a future agenda in order to determine whether emails were sent to City staff regarding Blarney Bash. She encouraged the Board to consider their reputations when making this decision. Vice Chair Turkin stated that the public should look at campaign donations if they are going to discuss special interests. He said there is only one person who has not taken donations from developers and or special interests and that is him. He noted, for the record, this is not about special interests. Chair Penserga said if there is no motion, then the discussion is over. Board Member Hay said that no one is perfect, and it is difficult to be Executive Director. He said they will destroy the trust and they need to be careful moving forward. He asked if someone did something to the level that would make them lose their job. Board Member Kelley said she discussed her concerns privately and this is not coming lightly. She stated she has heard over and over again about Ms. Shutt not willing to work together. She said they need to look at the big picture and moving forward. She said her observations have come from conversations with City staff. Motion: Board Member Kelley moved to terminate the Executive Director without cause. Vice Chair Turkin seconded the motion. Meeting Minutes CRA Board Meeting Boynton Beach, FL October 10, 2023 Ms. Shutt said this is a surprise for her and she is pained that there is a split decision. She said she has tried to set up joint meetings with City senior staff, including a monthly meeting with Planning and Development staff. She said she is happy to serve the whole Board as long as she has their confidence. She said she has ample emails to back up her efforts to coordinate meetings. She said they have the best staff, and she does this for a community. She does not want them to divide themselves. She asked for the opportunity to learn more about her shortcomings. She said they should act with their heart and professionalism and asked them to consider the work she has done. Board Member Cruz said if Ms. Shutt loses her job there needs to be accountability on both sides of the communication spectrum. She said they cannot pick one person and put all the blame on them. Board Member Hay wants a copy of whatever information is being passed around, including names of who says what. He said there is no information presented to justify the motion. He is questioning the process. He stated this is not what he signed up for. Chair Penserga requested a five-minute recess to confer with Counsel. Chair Penserga opened public comments. Mark Karageorge, Boynton Beach, said he remembers when Ms. Shutt was hired because she was one of the best people in the state. He said she made things happen and partners with the right people. He stated she is a proven professional and this is repugnant. He said they could have gone to a closed-door session to air out the issues. He noted they recently evaluated Ms. Shutt and gave her the highest marks. He spoke about previous challenging relationships between the CRA and City. He said they need to keep Ms. Shutt. Renee Rosario, 3448 Quantum Lakes Drive, Boynton Beach, said there has been more done in the eastern portion of Boynton Beach then in her entire lifetime. She said that happens due to leadership. She said she is desperately asking them to reconsider their decisions. Ernest Mignoli, 710 NE 7th Street, Boynton Beach, said he expects the vote to go on an agreed with the evidence that is out there. He said there are tremendous facts out there with developers, City officials, and communication. He said the former City Manager was terminated in a similar way. He said everything heard in the back room should be heard by the public. Mildred Hay, Boynton Beach, said she has never witnessed a meeting like this. She said the Board Members did not have much experience when they started in their positions. She stated that Ms. Shutt has tremendous experience. She said the City is vulnerable due to lack of experience. She spoke about past CRA Executive Directors who were also in-house staff members. She said that City Council members do not need to have any experience. She noted the City Manager has no experience. She said they do not know enough to make these decisions about someone's life. She stated the CRA is complicated. Christine Roberts, Boynton Beach, joined virtually. She said they have the best CRA Executive Director that the City has ever had, and this seems like a witch hunt. She said there may be a violation of Sunshine Law here since three Board Members seems to have known about the item. She said they should look at the City's top management if they are going to fire Ms. Shutt. Meeting Minutes CRA Board Meeting Boynton Beach, FL October 10, 2023 Chair Penserga closed public comments. Ms. Rossmell said the motion needs to provide the termination effective date. Chair Penserga stated October 10, 2023, at 12:00 A.M. would be appropriate. Board Member Kelley and Vice Chair Turkin accepted the amendments to the motion. The motion passed 3-2 with Board Member Hay and Board Member Cruz dissenting. Board Member Cruz left the dais. Ms. Rossmell said the Board will need to set severance and provide direction on who will service in the interim Executive Director capacity. Chair Penserga recommended the full 20 weeks of severance pay. Motion: Vice Chair Turkin moved to approve 20 weeks of severance pay. Board Member Kelley seconded the motion. The motion passed 3-1 with Board Member Hay dissenting. Board Member Cruz was not present for the vote. Motion: Vice Chair Turkin moved to appoint Timothy Tack as the Interim Executive Director. Board Member Kelley seconded the motion. Ms. Rossmell noted that Mr. Tack would need to accept the appointment. She noted that the Board could proceed with the rest of the agenda if Mr. Tack needs some time to consider. Chair Penserga agreed to proceed with the rest of the agenda. Ms. Shutt asked Mr. Tack to accept the appointment, noting she hired him for a reason. Ms. Rossmell recommended another five-minute recess. The Board agreed. The Board reconvened. Ms. Rossmell stated that Mr. Tack requested to keep his title as Assistant Director and be named Acting CRA Director until the Board names a permanent replacement. Motion: Vice Chair Turkin moved to designate Timothy Tack as the Acting CRA Director and retaining his position as Assistant Director. Board Member Kelley seconded the motion. Chair Penserga opened public comment. Ernest Mignoli, 710 NE 7th Street, Boynton Beach, agreed with Mr. Tack's request. Meeting Minutes CRA Board Meeting Boynton Beach, FL October 10, 2023 Mildred Hay, Boynton Beach, said Ms. Shutt is a woman of high honor and she is courageous. She said she appreciates her service and help. She stated she did all she could. She thanked the CRA staff and said Ms. Shutt brought peace to their work. She blessed her and thanked her for staying tonight to see it through. No virtual comments. Chair Penserga closed public comment. The motion passed 3-1 with Board Member Hay dissenting. Board Member Cruz was not present for the vote. 15. CRA Projects in Progress A. Boynton Beach Art Walk Recap B. Social Media Outreach Program 3rd and 4th Quarterly Report (April 2023 -September 2023) C. Social Media & Print Marketing Update D. CRA Economic & Business Development Grant Program Update E. MLK Jr. Boulevard Corridor Mixed Use Project (d/b/a Heart of Boynton Village Apartments) update Motion: Vice Chair Turkin moved to table additional items 15A and 15E. Board Member Kelley seconded the motion. The motion passed 3-1 with Board Member Hay dissenting. Board Member Cruz was not present for the vote 16. Future Agenda Items A. Discussion and Consideration of a Second Revised Interlocal Agreement and the Purchase and Sale Agreement with the City of Boynton Beach for the Historic Woman's Club of Boynton Beach located at 1010 S. Federal Highway - November B. Discussion and Consideration of an Interlocal Agreement (ILA) with City of Boynton Beach regarding Ride Sharing Program - November C. Discussion and Consideration of a Contract regarding Ride Sharing Program - November Meeting Minutes CRA Board Meeting Boynton Beach, FL October 10, 2023 17. Adjournment Board Member Turkin moved to adjourn. Board Member Kelley seconded the motion. The motion passed unanimously. There being no further business to discuss, the meeting was adjourned at 9:27 P.M. Tammy Stan one, CMC Deputy Cit Clerk