Minutes 11-07-23 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, November 7, 2023, at 6:00 P.M.
Present:
Mayor Ty Penserga Daniel Dugger, City Manager
Vice Mayor Thomas Turkin Shawna Lamb, City Attorney
Commissioner Angela Cruz Maylee De Jesus, City Clerk
Commissioner Woodrow L. Hay
Commissioner Aimee Kelley
1. Agenda Items
A. Call to Order - Mayor Ty Penserga
Mayor Penserga called the meeting to order at 6:00 P.M.
Roll Call
City Clerk Maylee De Jesus called the roll. A quorum was present.
Invocation by Pastor Jeff Kelly, First Baptist Church of Boynton.
Invocation was given by Pastor Kelly.
Pledge of Allegiance to the Flag led by Vice Mayor Turkin.
The Pledge of Allegiance was led by Vice Mayor Turkin.
Agenda Approval:
1. Additions, Deletions, Corrections
Vice Mayor Turkin requested to have a staff update regarding concerns with payroll. He
said that he would like to hear from Jackie Smith regarding federal grant funding. He
asked to add a discussion regarding RFP for the central parcel next to the schoolhouse
to Future Agenda.
Mayor Penserga noted that the payroll concerns are an administrative matter that should
be privately dealt with. He encouraged Vice Mayor Turkin speak with the City Manager.
City Manager Dugger stated that he will address that privately with Vice Mayor Turkin.
Vice Mayor Turkin stated that he wants to make sure the City employees know that he
has their backs.
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Mayor Penserga stated that they might not be prepared for a presentation regarding the
grants.
City Manager Dugger said that Jackie Smith is here to be recognized. He noted that the
grant is not ready, but it will be on the next agenda.
Vice Mayor Turkin asked for an update about their appropriation request submitted to the
State.
Mayor Penserga requested that they receive an update on appropriation tonight, and the
Public Safety grant for next meeting.
There was discussion regarding the Grant items in#6. There was consensus to add those
items.
Mayor Penserga asked staff if there are concerns about hearing about the central parcel
in a few meetings.
City Manager Dugger said that they will be prepared for a presentation.
Commissioner Hay mentioned that he does not like all these additions to the agenda.
Mayor Penserga stated that under future agenda, there are local rules and procedures,
and that will be discussed then.
There was consensus to add this to the agenda.
Commissioner Cruz requested to allocate $500 of her Community Support Funds to the
Alzheimer's Association and $500 to Eat Better/Live Better.
There was consensus to add this to the agenda.
City Attorney Lamb asked to remove item 11c until she has sufficient time to research it.
2. Adoption
Motion:
Vice Mayor Turkin moved to approve the agenda, as amended. Commissioner Hay
seconded the motion. The motion passed unanimously.
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2. Other
A. Informational items by the Members of the City Commission.
Commissioner Cruz said that she received an email and text from Bradley Miller regarding
8C.
Vice Mayor Turkin said that he received an email and text from Bradley Miller regarding
8C and 8D and he also spoke to residents. He said that he attended Pirate Fest which
was amazing. He said that the dog park was a great success, and he thanked staff.
Commissioner Hay said that he has no disclosures. He stated that he attended the Florida
Redevelopment Conference, and it was a tremendous success. He spoke about the MLK
development on the cover of the pamphlet that was distributed, which won the presidential
award from the State of Florida. He added that he went to Boca Raton and Delray Beach
Chamber of Commerce Gala. He said that he attended First Friday, Pirate Fest, South
Tech Honor Student Event, and the Wounded Veterans Gala. He mentioned that he also
went to the PBC Commissioners' Meeting, where they honored the Omega Si Fi Fraternity
for repairing homes in Boynton Beach. He commented that we have a lot of good things
happening.
Commissioner Kelley disclosed that she spoke to Bradley Miller regarding 8C and to Brian
Casey regarding 8B. She recognized the Events and Marketing Team for their hard work
for Pirate Fest, and noted that it was a great success. She mentioned that the CRA Staff
was out there too, marketing, and working for our businesses. She mentioned the opening
of the dog park, which was amazing.
Mayor Penserga disclosed that he spoke to Bradley Miller regarding 8C and 8D. He said
that we are implementing a new process for the Public Hearing section regarding ex-parte
communications.
3. Announcements, Community and Special Events and Presentations
A. Announcement of Oceanfront Bark.
Mayor Penserga announced the event. He said that it will be the first of four scheduled
events.
B. Announcement of the City of Boynton Beach Veterans Day Ceremony.
Mayor Penserga announced the event.
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C. Proclamation- Veterans and Military Families Appreciation Month.
Vice Mayor Turkin read the proclamation into the record. He presented the proclamation
to Nicholas Cannon, and to anyone that served in the Military or have family that has been
lost during their Military service.
Mr. Cannon spoke about Veterans Day and thanked the Commission for all of their
support. He said that Vice Mayor Turkin is not only a leader in the community, but the
country as well. He said that he received news about a service member that was killed,
and the community stepped up to help his family pay off their house and take care of
them. He said that the fight at home is as important as the fight overseas. He thanked all
Veterans.
D. historic Resources Preservation Board (HRPB) Annual Report
Barbara Ready, HRPB Chair, spoke about the following regarding the Historic Resources
Preservation Board: showed a short video regarding the history of Boynton Beach Historic
Preservation Board; introduction of Board Members; how we got here and who we are;
register of historic places; map of local register buildings and features; did you know...;
truck gardens, groves & dairy were main industries; master plan & goals; the way we
were; Boynton Beach- Historic Boynton Parks & People; the road to the future includes
the past; and questions.
Mayor Penserga thanked her for the presentation and to the Board Members.
Commissioner Kelley said that she grew up in a Historic Home, and history in the City is
important. She stated that it is important to hear about their wants and needs. She asked
about Andrew's House, and if it has not already been deemed historic.
Ms. Ready said that they do not have to wait for a homeowner request to have their home
designated, because they have the authority to do so. She spoke about moving or leaving
the home where it is currently at.
Commissioner Kelley said that this is the oldest house in the City and would like to
preserve it.
Commissioner Hay said that he appreciates the work that they have done. He asked what
they would like in a Historic Preservation Board Member.
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Ms. Ready spoke about the person that used to be in the position and the grants that he
would find for them.
Commissioner Hay said that he would encourage Ms. Ready to reach out to residents
that have been here for a long time.
Vice Mayor Turkin thanked the Board for their presentation. He said that it is bittersweet
to see the large marina out there.
Commissioner Cruz thanked her for the presentation.
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)
Susan Oyer said yes to electric car chargers, and no to the person in the blue vehicle that
should not be parked there. She said no to full time Commissioners, a strong Mayor, and
taking away term limits.
Mack McCray said that he owns three properties here in Boynton, but that he is sad about
the taxes he pays. He said that he has two people who lost their loved ones, and there is
no place to lay their loved ones in the City. He spoke about other possible locations for
cemetery spaces.
Victor Norfus spoke about a ship that was on the news and addressing Native Americans,
the Unity Project, and cemeteries in Boynton Beach,
Cindy Falco De Corrado stated that there is no park in Forest Park, which she has been
asking about since day one. She asked when other people will get a special time at the
beach. She spoke about a roof caving in in the City. She mentioned that the Pirate Fest
was short, and said that her friends were sad about it.
Harry Woodworth spoke about moving targets with the agenda changes. He mentioned the
City budget not being posted on the website, like it should be. He commented about going
to the strategic planning sessions and said that the consultant is doing a wonderful job. He
spoke about capital spending.
Brenda Williams stated that the house that is abandoned next to her house is overgrown.
She said that the cemetery should be worked on. She asked why are we talking about
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changing the Commissioners from part-time to full-time, and she is against removing the
term limits.
Evangeline Ward stated that she is a native resident of Boynton Beach, and that she loves
children. She said that her priority is the safety of the children by the schools. She stated
that they need sidewalks for people to be able to walk safely. She mentioned that she would
like other Commissioners to come to the events in other districts that are not their districts.
Katie Miller gave kudos to the Boynton Beach Police Department for coming out and
addressing the street issues she came to talk about at the last meeting.
Lillian Mayeaux asked if there is a display about 8B, and if they will be addressing the
parking. She asked about the wall that is being added as well.
Christie Ward stated that Boynton Beach consists of 4 Districts, but District 2 seems to be
the red headed step child. She said that we are all a part of Boynton, and that it would be
great to see the Mayor and Vice Mayor at the meetings that the constituents have. She said
that we have to come together as a unit, so they are aware of the issues in the City. She
spoke about the Commissioners wanting to go to a full-time position and said that she is
against it.
David Murker spoke about the Commissioners going from part-time to full-time.
John Danes spoke about the Commissioners going from part-time to full-time. He said that
the constituents will not allow that to happen.
Sandra Watson said that she is the Chair of the Senior Advisory Board and that she found
out that they are doing something next week at the Carolyn Sims Center, but they have a
Senior Center for those events. She stated that the seniors are going to Delray Beach,
because there are no incentives to come here.
Mayor Penserga stated he is devastated that hear that she feels defeated and that he will
speak to the staff about this.
Anatha Gabriel spoke about peacemakers and blessed people. She said that she has been
escorted from the hall two times due to side effects of her medication. She said do not
underestimate psychotic people like her. She recited the Lord's Prayer.
Mayor Penserga said that he would like her to get the assistance that she needs.
Barbara Ready spoke about the email that she sent to the Commissioners, regarding Phil
Terrano trying to sue her. She spoke about the issues with Phil Terrano and the Angels
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Field.
Kenneth Jones asked if they hear what the people are saying. He stated that there will
come a point when people will get tired of them. He said that they need spiritual help.
Steven Grant stated that when he was the Mayor, he always thought it was a good idea to
have Advisory Boards. He spoke about Commissioners being compensated for their time
and effort. He thanked the Commissioners and City Manager for the new signs in the City.
He said that his cat passed away, and he provided funding to the Director of Finance for
the memorial tree fund. He asked for Community Support Funds to support pets that have
crossed the rainbow bridge.
Fire Chief Bruder announced that they are sponsoring a food drive on November 11th at
the Walmart on Old Boynton Beach Blvd.
There were no virtual comments.
5. Administrative
A. Advisory Board Appointments.
Mayor Penserga mentioned the current board openings on the different Advisory Boards.
Motion:
Mayor Penserga moved to appoint Steven Grant to the Employees' Pension Plan Board
of Trustees. Vice Mayor Turkin seconded the motion. The motion passed unanimously.
B. Community Support Funds
Motion:
Vice Mayor Turkin moved to approve $500 Community Support Funds Request
allocated to VFW Post 5335 from Vice Mayor Turkin. Commissioner Kelley seconded
the motion. The motion passed unanimously.
Motion:
Vice Mayor Turkin moved to approve $500 Community Support Funds Request
allocated to Growing Strong Ministries from Vice Mayor Turkin. Commissioner Kelley
seconded the motion. The motion passed unanimously.
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Motion:
Commissioner Cruz moved to approve $500 Community Support Funds Request
allocated to Alzheimer's Association from Commissioner Cruz. Commissioner Hay
seconded the motion. The motion passed unanimously.
Motion:
Commissioner Cruz moved to approve $500 Community Support Funds Request
allocated to Eat Better / Live Better from Commissioner Cruz. Commissioner Kelley
seconded the motion. The motion passed unanimously.
6. Consent Agenda
Commissioner Cruz requested to pull 6A, 6E, 6F, and 6G.
Vice Mayor Turkin requested to pull 6D.
A. Proposed Resolution No. R23-158- Approve the City Attorney Department
FY 23/24 Budget Amendment and the addition of the positions of Deputy
City Attorney and Senior legal Assistant.
B. Proposed Resolution No. R23-159- FY 2022-2023 year-end Budget
Amendment for Revenues and Expenditures.
C. Proposed Resolution No. R23-160- FY2023-24 Capital Budget
Amendment for prior year available CIP budgets.
D. Proposed Resolution No. R23-161- Interlocal Agreement between the City
of Boynton Beach and the Boynton Beach Community Redevelopment
Agency for funding Construction and Professional Services.
E. Proposed Resolution No. R23-162- FDLE FY23/24 Identity Theft and
Fraud Grant Program.
F. Proposed Resolution No. R23-163- Acceptance of the Florida Department
of Transportation (FDOT) Speed and Aggressive Driving Grant.
G. Proposed Resolution No. R23-164- Acceptance of the Florida Department
of Transportation (FDOT) Occupant Protection Grant in the amount of
$25,000.
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H. Bid Extensions and Piggy-Back Under $100,000.
I. Legal Invoices September/October 2023.
J. Commission Meeting Minutes.
Motion:
Commissioner Cruz moved to approve the remainders of the consent agenda.
Commissioner Hay seconded the motion. The motion passed unanimously.
6A. Proposed Resolution No. R23-158- Approve the City Attorney Department
FY 23/24 Budget Amendment and the addition of the positions of Deputy City
Attorney and Senior legal Assistant.
Commissioner Cruz asked what the legal expenses have been.
City Dugger said that there have been $134K in legal expenses just last month, based
off of the hourly rate. He said that with the request, we can hire another Attorney.
Commissioner Cruz spoke about being fiscally responsible. She mentioned rates for
Attorneys in different cities. She said that she would like to remove the item for the
vehicle purchase for the one Ford Explorer, because it is not necessary, but she is in
favor of the rest of it.
City Attorney Lamb said that would be acceptable, but she thinks a vehicle allowance
would still be appropriate. She mentioned that there are other positions in her office
that have allowances, and that she would like to discuss the vehicle option in the
future.
Cruz Commissioner stated that she is okay with the stipend. She moved to the equal
stipend of $6K a year.
Vice Mayor Turkin asked what would happen to the vehicle if the person moves on.
City Attorney Lamb stated that they usually become part of the fleet.
Vice Mayor Turkin asked if it makes more sense to allow the purchase because it can
be used long term.
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Mario Guzman stated that it would be a City asset, that can be repurposed, and a
stipend would not come back to the City.
Mayor Penserga asked if there is a financial benefit from one over the other, and what
is the standard procedure.
Tennille DeCoste, Director of Human Resources, stated that there are different tiers
that positions would fall into, which allow for either a vehicle or a stipend.
Mayor Penserga said that this is an upper-level executive position and other similar
positions have both options.
Mara Frederiksen, Director of Financial Services, spoke about the analysis regarding
take-home vehicles and said that it averages about $18K a year instead of a $6K a
year stipend.
Vice Mayor Turkin asked if there is an existing vehicle that we can use so that we
do not have to purchase new ones.
Mr. Guzman said they are trying to replace most assets within the fleet.
Vice Mayor Turkin said he is okay with the stipend.
Commissioner Kelley asked about the City Attorney vehicle maintenance.
Motion:
Commissioner Cruz moved to approve City Attorney Department FY23/24 Budget
Amendment and the addition of the positions of Deputy City Attorney and Senior
Legal Assistant. Cruz moved to approve, with the strike out of the vehicle purchase
for the Deputy and replace it with a $500 a month vehicle stipend. Commissioner Hay
seconded the motion. The motion passed unanimously.
Commissioner Kelley said that the City Attorney needs support in order to make this
transition successful, and she is in favor of making these changes. She mentioned
that she will make sure she supports this department, in order for them to succeed.
Commissioner Cruz said that she did speak to the City Attorney about this, and that
it was fine with her.
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Commissioner Hay said that he plans to work and support the City Attorney. He asked
how many more people would be optimum for her department.
City Attorney Lamb said that there is no legal tracking of how many items comes
through the Legal Department. She spoke about legal tracking that they are starting,
to see how that grows, and justify the potential need of additional staff. She said that
she is hoping to be able to do it with two Attorneys and two legal staff members.
Mayor Penserga stated that she is implementing processes so that they can make a
data-driven decision. He asked about the timeframe.
City Attorney Lamb spoke about the legal tracking that they will do and said that it
might be appropriate in a year to look at it.
Commissioner Hay asked for her to look at what other cities spend.
City Attorney Lamb spoke about other cities that have in-house Attorneys.
Ms. DeCoste spoke about positions in different tiers that is for succession planning.
Motion:
Vice Mayor Turkin moved to approve City Attorney Department FY23/24 Budget
Amendment and the addition of the positions of Deputy City Attorney and Senior
Legal Assistant, as amended. Commissioner Hay seconded the motion. The motion
passed unanimously.
6D. Proposed Resolution No. R23-161- Interlocal Agreement between the City
of Boynton Beach and the Boynton Beach Community Redevelopment
Agency for funding Construction and Professional Services.
Vice Mayor Turkin said that he wanted to give accolades to the City and CRA Staff.
Motion:
Vice Mayor Turkin moved to approve and authorize the Mayor to sign an Interlocal
Agreement between the City of Boynton Beach and the Boynton Beach Community
Redevelopment Agency for funding Construction and Professional Services.
Commissioner Kelley seconded the motion. The motion passed unanimously.
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6E. Proposed Resolution No. R23-162- FDLE FY23/24 Identity Theft and
Fraud Grant Program.
Chief DeGiulio spoke about the different grants that these resolutions are for.
Commissioner Cruz thanked Jacklyn Smith for all of the work she has done. She
spoke about issues that these grants will be able to help with.
Chief DeGiulio spoke about Sophia and Jacklyn doing a great job regarding getting
grants for the Police Department.
Jacklyn Smith spoke about the process for the grants, and which grants are coming
up.
Chief DeGiulio said that in years past, they were not able to receive it. He spoke
about other grants they have gotten and will go after. He stated that he appreciates
the Commission support.
Vice Mayor Turkin thanked staff and said that they put their money where their mouth
is and are being proactive in the community.
Motion:
Commissioner Cruz moved to approve Resolution No. R23-162. Commissioner
Kelley seconded the motion. The motion passed unanimously.
6F. Proposed Resolution No. R23-163- Acceptance of the Florida Department
of Transportation (FDOT) Speed and Aggressive Driving Grant.
Motion:
Commissioner Kelley moved to approve Resolution No. R23-163. Commissioner Hay
seconded the motion. The motion passed unanimously.
6G. Proposed Resolution No. R23-164- Acceptance of the Florida Department
of Transportation (FDOT) Occupant Protection Grant in the amount of
$25,000.
Motion:
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Commissioner Cruz moved to approve Resolution No. R23-164. Commissioner
Kelley seconded the motion. The motion passed unanimously.
7. Consent Bids and Purchases over $100,000
Mayor Penserga requested to pull Item 7C.
A. Increase the estimated annual expenditure of bid # 029-1412-19/MFD for
the Annual Supply of Original Equipment Manufacturer (OEM) Service and
Parts for Medium/Large and Heavy-Duty Vehicles and Equipment.
B. East Coast Mulch- Annual Expenditure.
C. Annual Expenditure Increase to Gehring Group as the City's Insurance
Broker.
D. Amendment No. 1 for Purchase Order 220936 (Task Order UT-3D-06)with
Baxter & Woodman, Inc. for additional engineering services to support
construction of the Dimick Road and Potter Road Utility stormwater and
water infrastructure Improvements.
E. Quicklime purchase for East Water Treatment Plant
F. Proposed Resolution No. R23-166- Approve CIP budget amendment and
Task order UT-2E-06 with Alexis Knight Architects, Inc., for design and
construction management of the Arts and Cultural Center Auditorium.
G. Bid Extensions and Piggy-Back Over $100,000.
Motion:
Commissioner Cruz moved to approve the remainder of Consent Bids and Purchases
over $100,000, as amended. Commissioner Hay seconded the motion. The motion
passed unanimously.
7C. Annual Expenditure Increase to Gehring Group as the City's Insurance
Broker.
Ms. DeCoste spoke about the history of going with PGIT. She said that nothing has
changed with the Gehring Group.
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Morgan Chaloupka, Division Director of Risk Management, said that the change is
that it goes through the broker, and this will be a more accurate number that we pay
for policies.
Motion:
Commissioner Cruz moved to approve 7C. Commissioner Kelley seconded the
motion. The motion passed unanimously.
8. Public Hearing
6 p.m. or as soon thereafter as the agenda permits. The City Commission will
conduct these public hearings in its dual capacity as Local Planning Agency and
City Commission.
City Clerk De Jesus swore in those individuals intending to speak.
A. Proposed Resolution No. R23-165- Public Hearing to adopt a resolution of
intent to use the uniform method of collecting non-ad valorem special
assessment for canal maintenance for FY 2024-25.
City Attorney Lamb introduced the item.
Angela Prymas spoke about the following: Project area; special assessment; and
questions.
Vice Mayor Turkin said that it is necessary and he is looking forward to a permanent
resolution to the issue.
Mayor Penserga opened to public comment:
Susan Oyer said she is all for this. She stated that the neighborhood brings a lot of
tax revenue into the City, and she asked for the Commission to support the item.
Lillian Mayhew asked what this does, if it is an ad valorem tax that will be added to
everyone.
There were no virtual comments.
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Motion:
Vice Mayor Turkin moved to approve Item 8A. Commissioner Hay seconded the
motion. The motion passed unanimously.
B. Athletic Angels - Field #1 Major Site Plan Modification (MSPM-
2023.10.63102)
City Clerk De Jesus introduced the item.
Mayor Penserga described the process of the item.
Brian Casey, Athletic Angels, spoke about making this project special for the City. He
spoke about the following: outfields; and netting for the backstops.
Luis Bescome stated that staff does not have anything to add, and they reviewed legal
requirements, and they recommend approval with conditions included with the item.
Vice Mayor Turkin requested about cost and timeline. He asked if there is anything we
can do from the staff side.
Mr. Casey said that they are in the $2M range and said that it could be between 90 and
120 days.
Vice Mayor Turkin asked staff to speak.
Deputy City Manager Mack spoke about when they met with Highpoint 2A, and their
requests.
There was discussion regarding this field and the following phases.
Commissioner Cruz asked for clarity on the netting.
Mr. Casey spoke about the specific on the netting.
Commissioner Hay thanked them and said that he is looking forward to the project. He
asked about additional parking.
Commissioner Kelley said that she is glad to see this business in Boynton. She asked
what is in place now at the fields.
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Mr. Casey said that there is currently only an 8 to 10 foot net.
Commissioner Kelley asked for more clarity on the timeframe.
Mr. Casey said that they submitted permits ahead of time, and it is all depending on what
happens at this meeting, so that they can expedite this.
Commissioner Kelley said that she wants to make sure that the City is assisting as much
as they can, so that the schedule is disrupted as little as possible.
Mayor Penserga opened to public comment.
Lillian Mayhem said that what they are doing for the kids is great. She stated that there is
still no answer about the parking, and there is a lot of traffic ir their community when there
are games.
Susan Oyer asked who gets to use this, how much money is the City getting, how are
these people paying for this, how will they make this profitable. She spoke about traffic.
She said that this is cemetery land, and they should say no to this.
Barbara Ready spoke about the netting that is currently in place, and she said that she
does not see netting in the pictures. She pointed out deficiencies in the contract with Phil
Toronto. She said that she has concerns about the use of the fields.
There were no virtual comments
Mayor Penserga closed public comment.
Amanda Radigan said that this is phase one of two phases, and a lot of items they are
looking for, such as parking, is in phase two.
Mr. Casey said that the netting in the picture does not depict the other nettings that will
be installed.
Commissioner Kelley asked the City Manager to get with Highpoint and the Police
Department in regard to traffic and safety.
City Manager Dugger said that there is an Officer that will address it and they will come
up with a plan.
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Commissioner Hay asked if there is any possibility of putting a light that is active during
games.
Deputy City Manager Mack stated that this is phase one, and as a part of the master plan,
they are proposing a traffic light. He said that there are engineering obstacles that they
are working through. He mentioned that he met with Highpoint, and they are looking to
pilot a road closure on game nights. He said that they have cut through traffic during the
day as well.
Commissioner Hay asked what makes this a major modification.
Deputy City Manager Mack explained the modification requirements for changes.
Ms. Radigan further explained the changes that make it a requirement to come forward
for a major modification.
Vice Mayor Turkin thanked Deputy City Manager Mack for working on this and going out
to the community and working with them.
Motion:
Commissioner Cruz moved to approve Item 8B. Vice Mayor Turkin seconded the motion.
The motion passed unanimously.
C. Guttersmith - Major Site Plan Modification (MSPM 23-001).
City Clerk De Jesus introduced the item.
Bradley Miller spoke about the following: location- request for site plan and variance;
existing site conditions; request; site plan- project summary, SF Breakdown; site
features; landscape plan; landscape palette; south and east elevation; west and north
elevation; variance request; variance- existing conditions; and staff recommends
approval of the site plan and variance.
Craig Pinder, Senior Planner, stated that the applicant did address everything.
Mr. Miller said that staff if in support of both.
Commissioner Cruz said that it was great to hear a local business is expanding.
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Mr. Miller said that it is a prefab building that the client purchased.
Commissioner Kelley asked about lighting and said that she would like him to keep
residents in mind.
Mr. Miller said that the code already takes that into account. He stated that when the
business closes, they will shut off the lights.
Mr. Pinder said that it was reviewed, and staff recommends approval.
Mayor Penserga opened public comment.
Susan Oyer thanked Mr. Miller and asked if the warm white lighting will be used
instead of cool white lighting. She thanked Mr. Miller about the butterfly field and
suggested a different type of tree and bushes for a part of the property instead of
what is being proposed.
There were no virtual comments.
Mayor Penserga closed public comment.
Motion:
Commissioner Cruz moved to approve Item 8C. Vice Mayor Turkin seconded the
motion. The motion passed unanimously.
D. Guttersmith Zoning Code Variance (ZNCV 23-001).
City Clerk De Jesus introduced the item.
Motion:
Commissioner Kelley moved to approve Item 8D. Commissioner Hay seconded the
motion. The motion passed unanimously.
9. City Manager's Report
A. Update by City Manager on Future Agenda Items.
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City Manager Dugger went through the future agenda items and gave an update on
each item.
Item A- tentatively scheduled for December 5, but it is in review with the City
Attorney's Office
Item B- extensive data analysis.
Item C- report is not completed just yet.
Item D- working with a consultant on this.
Item E- going to departmentalized CIP projects and give quarterly updates.
Item F- finance department will be reaching out to Commissioner Cruz about this.
Item G- already started this with funds through RJ Ramirez.
Item H- looking for a date certain on this.
Mayor Penserga said that it depends on when staff is ready.
Deputy City Manager Mack said that we need consensus on the dais.
Commissioner Cruz said that adding context to the conversation would help Vice Mayor
Turkin suggested different types of fees.
Item I- said that they need a date certain for this.
City Manager Dugger said that they are going into the appropriations.
Commissioner Cruz said that for Item D, it was mentioned that they will get a consultant,
and she asked for a discussion before they get a consultant.
City Manager Dugger asked if they want this to come back as a discussion item instead
of a presentation.
Deputy City Manager Mack said that the Utilities Department was already working on this,
so they will bring the presentation forward.
Chris Roschek, Deputy Director of Utilities, said that they have not finalized anything with
a consultant, so they can do this as a discussion or regular item.
City Manager Dugger spoke about appropriations, and items that are being discussed at
Legislation.
Mayor Penserga asked about the process of how the items were selected.
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City Manager Dugger said that there are specific perimeters that have to be met, in order
for a project to be on this list. He stated that these are staff selected that come forward to
be approved.
Commissioner Kelley said that the NLC President spoke about the infrastructure hub
website that is all Federal Infrastructure Grants. She mentioned that we max out on
opportunities Federally too.
City Manager Dugger said that as a City, we are at the max of our bandwidth for CIP
projects and money is sent back if it is not spent. He said that they need to be prudent
and make sure they can complete the projects. He spoke about DOT Grants.
Mayor Penserga spoke about the DOT Grants.
10. Unfinished Business
A. Discussion regarding an Infrastructure and Public Safety Bond Referendum
for upcoming March 19, 2024 Election.
Kacy Young, Director of Recreation and Parks, spoke about the following regarding the
Infrastructure and Public Safety Bond discussion as follows: background; infrastructure
improvement projects; and infrastructure bond proposal.
Assistant Police Chief Zeller spoke about the Public Safety bond projects for the Police
Department.
Chief Bruder spoke about the Public Safety Bond Projects for the Fire Department.
Mr. Young spoke about the separate referendum questions and discussion topics.
Commissioner Kelley asked if there is an opt out for residents who are in need, like some
of the assessments we have.
Ms. Frederiksen explained the exemptions.
Commissioner Kelley spoke about her concerns with a bond, and how we spend this
money.
Commissioner Hay said that he shares the same concerns, and that it is hard to get a
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bond passed. He asked if they have looked at prioritizing the wish list. He commented "let
the people decide," and pushing off some projects.
Mr. Young explained that this is not the full and prioritized list.
City Manager Dugger spoke about the Town Square Litigation Project. He said that they
are trying to put the power in the hands of the people. He spoke about the penny surtax
going away soon, and not having anything to supplement this. He mentioned that losing
this would severely cut CIP Projects.
Deputy City Manager Mack said that infrastructure is already being cut, because we
cannot afford some projects.
There was discussion regarding supporting staffs recommendations.
Commissioner Hay said that he supported staff recommendation for both topics.
Mayor Penserga asked Commissioner Kelley about what concerns need to be addressed.
Commissioner Kelley said that she is just putting her concerns on the record, that if this
moves forward it will last 30 years. She said that she is a resident too and does not want
to hear at year 15 that the City has used all the bond money.
Mayor Penserga said that they are on the same wave length and he has similar concerns.
He asked staff what happens if the projects change.
City Manager Dugger said that the City Commission will be the checks and balances of
the funds. He explained that they will hold the approval authority over what money is
spent on projects. He said that they are CIP necessities and should benefit the City for
years to come.
Commissioner Kelley asked if they have an option to implement a sales tax, or additional
tax for tourism, to assist them.
Ms. Frederiksen said that the City does collect sales tax revenue from the State. She
stated that there is an option to add an additional tax. She said they need to look at the
funding source and see if it matches the length of the assets. She mentioned that they
would build a master plan and it would go to referendum and would need to be approved
by the City Commission, as part of the budget process annually.
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Commissioner Kelley asked if they considered an additional tax.
Ms. Frederiksen said that they can discuss it, but it is an indeterminate amount of money.
Vice Mayor Turkin said that the Master Plan should have come first before this was
proposed on the ballot. He stated that there are other ways including annexation, impact
fees, etc. He said there are a lot of "what ifs" to move this forward and he does not know
if he can commit to this at this moment.
There was discussion regarding: the next steps and what the process would be; capturing
a tourism aspect; long range plan; cost of doing this in March 2024; legally binding the
use of these funds for specific projects; shorter term bonds versus longer term bonds;
timeline for ballot language; bond exemptions; marketing certain projects for support;
SOE deadline; how did we get here, requesting a vote from the residents; when was the
last bond that the City did; inventory of what we have and need; will not include water and
sewer; and having a town hall for residents.
Mayor Penserga said that there is no clear consensus that we are moving forward.
Commissioner Kelley asked what the next steps are, what are we doing, and different
funding options.
Mayor Penserga said that he will connect with staff so that they all have their questions
answered. He said that he would like to have a workshop before the deadline.
11. New Business
A. Administrative Appeal: Woolbright Place PUD The Cove
City Attorney Lamb said that Item 11A is time sensitive, and Item 12A would need to be
readvertised.
Consensus was reached to proceed with 11A and table the remainder.
City Attorney Lamb introduced the item.
Mayor Penserga said that he has not had any ex-parte communication, has not received
written communication, has not conducted an investigation, has not made a site visit, and
has not received expert opinions. He requested that these disclosures and all written
communications be made a part of the record.
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Commissioner Cruz said that she has not had any ex-parte communication, has not
received written communication, has not conducted an investigation, has not made a site
visit, and has not received expert opinions. She requested that these disclosures and all
written communications be made a part of the record.
Vice Mayor Turkin said that he has not had any ex-parte communication, has not received
written communication, has not conducted an investigation, has not made a site visit, and
has not received expert opinions. He requested that these disclosures and all written
communications be made a part of the record.
Commissioner Hay said that he has not had any ex-parte communication, has not
received written communication, has not conducted an investigation, has not made a site
visit, and has not received expert opinions. He requested that these disclosures and all
written communications be made a part of the record.
Commissioner Kelley said that she has not had any ex-parte communication, has not
received written communication, has not conducted an investigation, has not made a site
visit, and has not received expert opinions. She requested that these disclosures and all
written communications be made a part of the record..
City Clerk De Jesus swore in those intending to speak.
Mr. Ian Demelo, representing the appellant, requested to submit two items [on file] into
the record. He said they are all public documents.
Attorney David Tolces objected to the introduction of any additional documents not
previously made part of the agenda. He noted that staff requested documents be
submitted to the Friday prior to the meeting.
Mr. Demelo requested that the Commission overturn the staffs determination of
prohibition of short-term rentals. He explained the appeal. He read the ordinance that was
applied in July of this year. He asked that they reverse their ordinance.
Attorney Tolces spoke about the documents that were submitted. He said that he will
continue his objection because the documents were not sent in by the deadline. He said
that they waived any rights to appeal this. He explained why staff was correct in their
interpretation.
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Mr. Demelo said that determination was submitted in August of 2023. He read the
definition of dwelling unit in the PUD and settlement agreements, and said that the
definition of residential zoning district includes PUD. He reiterated that they are residential
dwelling units. He asked for his client to be allowed to go through the process to apply for
a short-term rental license and comply with all regulations that were passed in July.
Commissioner Kelley asked what a "small number of units" is.
Ms. Radigan spoke about conversations with the property owner about transitioning this
property into short-term rentals. She explained the history.
Mr. Demelo said that there are between 40-50 units that they would like to use for short-
term rentals.
Attorney Tolces said that they can come back with the request.
Mr. Demelo said that there is no restriction in the code for the number of short-term rentals
permitted.
Attorney Tolces read the settlement agreement into the record regarding 2 and 3-story
condominiums.
There was discussion regarding the following: the uses in the PUD; having issues with
short-term vacation rentals; taxing short-term rentals; the issues were not raised when
their appeal was submitted on September 1; and chronic nuisance abatement properties.
Vice Mayor Turkin said that he is going with staff recommendation
Commissioner Kelley asked what takes precedence, as far as our code.
Attorney Tolces responded that in this instance, he recommended the PUD ordinance
would take precedence.
Mr. Demelo stated that the PUD does not have a definition of dwelling unit.
Commissioner Kelley spoke about the agreement with Tradewinds.
Commissioner Cruz agreed with Commissioner Kelley.
Motion:
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Vice Mayor Turkin moved to uphold staff recommendation. Commissioner Hay seconded
the motion. The motion passed unanimously.
B. Presentation regarding fleet management, due to the concerns with the
auto strike, and the possible reduction in products.
Motion:
Commissioner Cruz moved to table Item 11B until the next meeting. Commissioner Hay
seconded the motion. The motion passed unanimously.
12. Legal
A. Proposed Ordinance No. 23-022-First Reading- Police Impact Fee Ordinance.
Motion:
Commissioner Kelley moved to table Item 12A until the next meeting. Vice Mayor Turkin
seconded the motion. The motion passed unanimously.
13. Future Agenda Items
A. Ordinance. Adoption of Local Rules of Procedure and Quasi-Judicial Rules
pertaining to all official meetings of the City Commission of Boynton Beach. -
December 5, 2023
B. Discussion regarding annexation options and procedures. —December 5, 2023
C. Presentation of after action report for the force main break near Lift Station No.
356 at East Boynton Beach Boulevard. - December 19, 2023
D. Presentation by Utilities Department on project to review existing utility
infrastructure, development of risk matrix, and prioritization of repairs and/or
replacement projects - December 19, 2023
E. Provide update on grant funded projects in the Capital Improvement Plan -
December 19, 2023
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City Commission Meeting
Boynton Beach, FL November 7, 2023
F. Discussion regarding regulations to support local businesses.- January 16,
2024
G. Discussion regarding existing regional programs and best practices to combat
homelessness in the City. - March 19, 2024
H. Discussion regarding the Art Assessment Fee being allocated to infrastructure
instead of public art. — TBD
I. Discussion regarding combining City properties together to create senior
affordable housing . - TBD
14. Adjournment
There being no further busine3s to discuss, the meeting was adjourned at 11:21 P.M.
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