Minutes 12-19-23 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, December 19, 2023, at 6:00 P.M.
Present:
Mayor Ty Penserga Andrew Mack, Deputy 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
Vice Mayor Turkin 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 Boynton Baptist.
Invocation was given by Pastor Jeff Kelly.
Pledge of Allegiance to the Flag led by Commissioner Woodrow Hay.
The Pledge of Allegiance was led by Commissioner Hay.
Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
Mayor Penserga requested to add retaliation claim to the agenda under New Business.
There was consensus to add the item.
Motion:
Commissioner Kelley moved to approve the agenda, as amended. Commissioner Hay
seconded the motion. The motion passed unanimously.
2. Other
Meeting Minutes
City Commission Meeting
Boynton Beach, FL December 19, 2023
A. Informational items by the Members of the City Commission.
Commissioner Kelley spoke about the Holiday Dinner Baskets that were delivered to the
schools for needy children. She noted that we were able to fill 200 baskets, up from 85
baskets the previous year. She thanked City staff, particularly City Clerk De Jesus for her
support.
3. Announcements, Community and Special Events and Presentations
A. Library Advisory Board Presentation
Craig Clark, Director of Arts and Culture, asked Jeannie Taylor, Library Director, to
present.
Ms. Taylor invited George Feldman, Chair of the Library Board, to introduce the Board.
Mr. Feldman introduced the Library Board Members that were present. He thanked Mr.
Black for his past year. He spoke about being honored with the Florida Library
Association's 2023 Library of the Year.
Marsha Levine, Library Board Member, reviewed their accomplishments as follows:
Career Online High School Program; Collection Development Policy; Library Bill of
Rights; Summer Reading Program; Adult Reading Club; Public Technology Trainer; ARP
Grant; and Banned Book Discussion.
Thomas Devlin, Board Member, spoke about the following: Civil Air Patrol Programming
& Exhibition; Puddle Jumpers of Palm Beach County; and suggested that some of the
staff become aerospace educators and receive programming kits.
Ms. Levine described the economic development initiatives and said that we are lucky to
have the Creative Edge Studio, because it is really exciting. She stated that small
businesses will be able to use the area that they have set aside for people to be able to
record podcasts and other things in this area.
Mr. Feldman emphasized that the Library is no longer boring.
Mayor Penserga stated that it is far from boring, and he takes people on tours at the
Library. He thanked the Board and staff.
Commissioner Kelley thanked the Board for their presentation. She asked what they are
looking forward to in the next year.
Ms. Levine replied that she would have to work with Staff to see what they are looking
forward to doing next year.
2
Meeting Minutes
City Commission Meeting
Boynton Beach, FL December 19, 2023
Mr. Devlin commented that they would like to promote the projects that they already have,
so they can reach more people in the public.
Commissioner Kelley said that it is important to reach out to the public, to let them know
that we have a lot going on in our library.
Margaret Newton, Board Member, noted that there is a suggestion to teach teens how to
build a business and manage money. She said that it is through the children that the word
about the library gets out.
Commissioner Hay agreed that there have been a lot of improvements, and that he really
would like to see more of the studio. He said that the Board is doing an outstanding job.
Commissioner Cruz thanked the Board for the work they do.
B. Announce system-wide free chlorination of the water distribution system.
Mayor Penserga announced that the City will be conducting a system-wide free
chlorination of the water distribution system from January 4 — January 24, 2024.
C. #BoyntonGivesBack
A video was played regarding Boynton Gives Back.
Kathryn Matos, Assistant City Manager, stated that she is proud of this effort. She spoke
about branding the City and showing all of what we do within the City to give back to the
Community. She stated that she has been working with the HR Department for a
streamlined volunteer program. She thanked the Marketing and Events team for getting
the word out.
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)
Mack McCray recognized the former Mayor, Mr. Jerry Taylor, since he is in the audience.
He suggested that when Commissioners speak about donations, they want it quantified.
He spoke about the cemetery and thanked Andrew Mack for keeping his word. He
offered his help with the cemeteries and suggested that Mr. Mack have a meeting with
the funeral homes to talk to them about the fix.
Sandra Watson stated that she is here to represent the Girl Scout Troop 24514, and they
3
Meeting Minutes
City Commission Meeting
Boynton Beach, FL December 19, 2023
have a little gift for the Commission.
Danielle Young offered to help with the Boynton Gives Back Initiative through marketing
efforts. She said they are one of the largest and most diverse Girl Scout Troops.
Evangeline Ward mentioned that she is a native Boynton resident. She thanked the
Commission for the temporary solution to the cemetery issue, but said that they would
like a more permanent solution. She spoke about not having cemetery spaces left.
Cindy Falco de Corrado thanked Commissioner Cruz for donating turkeys to the
Thanksgiving Drive that she was a part of. She spoke about the water quality, and that
the water meters do not work, and have not worked for years. She thanked the
Commissioners that have been diligent with catching criminals in the City.
Susan Oyer suggested that we need to tackle the excess cars in the neighborhoods. She
said that we should vote on what Boynton Beach residents should call themselves. She
mentioned that we need a palm tree band in the City. She said that we are back to having
a Chamber of Commerce, and mentioned wanting the old pictures of her dad from when
they originally created the chamber. She commented that her neighbor was able to have
a black roof, that should not be allowed.
Barbara Ready stated that she has books for the Commissioners regarding Bernard
Thomas. She mentioned that the Historic Resource Board purchased the books for the
Commission. She said that the Historical Society will be having an event on January 20th.
Monica Gabrielle stated that she has a lot of medication problems and needs help.
Ernest Mignoli stated that what we bought and what we got are very different. He said
that this is not a good forum to talk about problems. He commented that there should be
a citizen oversight committee. He mentioned the drug issue, and human trafficking in the
City, and not getting any help from anyone in the City.
There were no virtual comments.
Mayor Penserga closed public audience.
5. Administrative
A. Advisory Board Appointments.
Motion:
Mayor Penserga nominated Leisha Roundtree as a regular member of the CRA Advisory
Board. Vice Mayor Turkin seconded the motion. The motion passed unanimously.
Motion:
4
Meeting Minutes
City Commission Meeting
Boynton Beach, FL December 19, 2023
Commissioner Hay nominated Gabrielle Gurrieri as a regular member of the Library
Board. Commissioner Kelley seconded the motion. The motion passed unanimously.
Motion:
Vice Mayor Turkin nominated Stephanie Colaianni as a regular member of the Education
and Youth Advisory Board. Commissioner Kelley seconded the motion. The motion
passed unanimously.
Motion:
Mayor Penserga nominated Mary Jane Pacineas as a regular member of the Senior
Advisory Board. Vice Mayor Turkin seconded the motion. The motion passed
unanimously.
6. Consent Agenda
Commissioner Cruz requested to pull Item 6D.
Vice Mayor Turkin requested to pull item 6C.
Motion:
Vice Mayor Turkin moved to approve the Consent Agenda, as amended. Commissioner
Cruz seconded the motion. The motion passed unanimously.
A. Proposed Resolution No. R23-182- A Resolution of The City of Boynton
Beach, Florida, adopting the 2023 Affordable Housing Advisory Committee
Housing Incentives Report; and providing an effective date.
B. Proposed Resolution No. R23-183- A Resolution of the City of Boynton Beach,
Florida, approving an increase to the estimated expenditure with Routeware,
Inc., to $75,000 for the remainder of the contract; and providing an effective
date.
C. Proposed Resolution No. R23-184- A Resolution of the City of Boynton Beach,
Florida, approving and authorizing the City Manager to sign a developer's
agreement with Isram Riverwalk, LLC for shared costs for the construction of
force main improvements for Riverwalk Plaza located at 630 East Woolbright
Road; and providing an effective date.
Andrew Mack, Deputy City Manager, introduced the item. He stated that there was
confusion out in the community that we are paying them, however, it is Riverwalk who is
paying us back for their portion of the project. He spoke about the verbal commitment that
they would provide an easement for a portion the mangroves, for the City to enjoy.
5
Meeting Minutes
City Commission Meeting
Boynton Beach, FL December 19, 2023
Mayor Penserga asked if there any activity in the mangrove area.
Adam Temple, Assistant City Manager, stated that staff was sent out a few weeks ago
when they were notified that activity was taking place out there. He said that the Army
Corps of Engineers gave them permission, and the DEP is also making sure whatever
work is being done is in accordance with their approvals.
Mayor Penserga asked to have this discussed under New Business.
There was consensus to amend the agenda to add the discussion regarding the
mangroves.
Motion:
Vice Mayor Turkin moved to amend the agenda with the mangrove discussion item.
Commissioner Cruz seconded the motion. The motion passed unanimously.
Motion:
Commissioner Hay moved to approve Proposed Resolution No. R23-184. Angela Cruz
seconded the motion. The motion passed unanimously.
D. Proposed Resolution No. R23-185-A Resolution of the City of Boynton Beach,
Florida, approving and authorizing the Mayor to sign a Florida Department of
Environmental Protection Drinking Water State Revolving Fund (DWSRF)
Loan Agreement application (with 100% principal forgiveness) to develop the
water treatment plant(s) planning and design project(s) intended to address
drinking water compliance with proposed regulations related to emerging
contaminants, in the amount of$5,167,179, execute all documents associated
with the loan, accept the loan, and execute the loan agreement subject to
approval by the City Attorney; providing for conflicts, severability, and providing
an effective date.
Dr. Poonam Kalkat, Utilities Director, spoke about the following: Florida DEP State
Revolving Fund Program; Water Treatment Plants — WTPs; Emerging Contaminants
funding under the Bipartisan Infrastructure Law (BIL); Request for inclusion initial
application; Request for inclusion or RFI priority listed; Next steps- funding process; The
Planning and Design Project; and questions.
Commissioner Cruz thanked staff for working on this and securing this funding from the
State.
Commissioner Kelley thanked staff for being proactive.
Motion:
6
Meeting Minutes
City Commission Meeting
Boynton Beach, FL December 19, 2023
Commissioner Cruz moved to approve proposed Resolution No. R23-185. Commissioner
Hay seconded the motion. The motion passed unanimously.
E. Proposed Resolution No. R23-186-A Resolution of the City of Boynton Beach,
Florida, approving change order for task order UT-3E-07 for $57,970.00 for
West Architecture + Design, LLC to complete design for the renovations of the
Utilities Department Administration North Maintenance building to
accommodate staff relocation, including updating the restroom to ADA
standards, office space, its upgrades for connectivity, and conference room at
124 East Woolbright Road; and providing an effective date.
7. Consent Bids and Purchases over$100,000
A. Proposed Resolution No. R23-187-A Resolution of the City Of Boynton Beach,
Florida, approving Change Order No. 2 for Purchase Order 230742 With B&B
Underground Construction in the amount of $207,649.96 for additional
construction work increasing the contract amount to $3,003,845.89 and the
contingency in the amount of $84,615.50 in accordance with Bid No. Ut122-
036 for Dimick Road and Potter Road utility stormwater and water
infrastructure improvements project awarded by the City Commission on
October 18, 2022; and providing an effective date.
B. Proposed Resolution No. R23-188-A Resolution of the City Of Boynton Beach,
Florida, approving Amendment No. 1 to PO 211392 (Task Order UT-3B-02)
with Aecom in the amount of $258,799.32 for additional engineering services
to support the Coquina Cove stormwater, water main and sanitary sewer
improvements project increasing the contract to $441,999.32 In accordance
with RFQ No. 046-2821-17/TP, General Consulting Services contract, scope
Category B awarded by City Commission on August 20, 2018, and renewed
through February 2024; and providing an effective date.
C. Proposed Resolution No. R23-189-A Resolution of the City of Boynton Beach,
Florida, approving and authorizing the City Manager to sign a First Amendment
to Master Services Purchase Agreement with AXON Enterprise, Inc., in the
amount of $156,207.48 over a 5-year contract term for the purchase of the
Axon Virtual Reality (VR) Training System.
D. Bid Extensions and Piggy-Back Over $100,000.
Motion:
Commissioner Cruz moved to approve the Consent Bids and Purchases over $100,000.
Vice Mayor Turkin seconded the motion. The motion passed unanimously.
7
Meeting Minutes
City Commission Meeting
Boynton Beach, FL December 19, 2023
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. 23-022- Second Reading- An Ordinance of the City
Commission of the City of Boynton Beach, Florida, amending the Land
Development Regulations ("LDRS") Chapter 2, Land Development Process;
Article VI "Impact And Selected Fees" to amend Section 2 to adopt a
Comprehensive Impact Fee Schedule for Police facilities; adopting an impact
fee study for Police facilities; amending Section 9 to create an impact fee
schedule for Police facilities; providing for codification; providing for
severability; providing for conflicts; and providing for an effective date
City Attorney City Lamb read the Ordinance No. 23-022 into the record.
Mayor Penserga opened the floor to public comments. He closed public comments, since
there were none in person or virtually.
Motion:
Vice Mayor Turkin moved to approve Proposed Ordinance No. 23-022 on Second
Reading. Commissioner Hay seconded the motion. The motion passed unanimously.
B. Proposed Ordinance No. 23-023- Second Reading- An Ordinance of the City
Commission of the City of Boynton Beach, Florida, approving the Boynton
Beach Administrative Amendments to the 8th Edition (2023) of the Florida
Building Code; providing for conflicts, severability, codification, and an
effective date.
City Attorney City Lamb read the Ordinance No. 23-023 into the record.
Mayor Penserga opened the floor to public comments. He closed public comments, since
there were none in person or virtually.
Motion:
Commissioner Cruz moved to approve Proposed Ordinance No. 23-023 on Second
Reading. Vice Mayor Turkin seconded the motion. The motion passed unanimously.
C. Proposed Ordinance No. 23-024- Second Reading- An Ordinance of The City
of Boynton Beach, Florida, amending the Land Development Regulations
Chapter 1, Article II. Definitions, Chapter 3, Article IV, Section 3.D. Use Matrix
and Notes, and Chapter 4, Article V. Minimum Off-Street Parking
8
Meeting Minutes
City Commission Meeting
Boynton Beach, FL December 19, 2023
Requirements, to modify and add definitions, use regulations, and parking for
commercial kitchen uses, food processing/manufacturing, ghost kitchens, and
banquet halls; providing for conflicts, severability, codification, and an effective
date.
City Attorney City Lamb read the Ordinance No. 23-024 into the record.
Commissioner Kelley asked if this affects any of the existing breweries.
Andrew Meyer, Senior Planner, stated that it does not affect any breweries. He explained
what the separate regulations are.
Mayor Penserga opened the floor to public comments. He closed public comments, since
there were none in person or virtually.
Motion:
Commissioner Cruz muved to approve Proposed Ordinance No. 23-024 on Second
Reading. Commissioner Hay seconded the motion. The motion passed unanimously.
D. Proposed Ordinance No. 23-025- Second Reading- An Ordinance of The City
of Boynton Beach, Florida amending the Land Development Regulations,
Chapter 4, Article V, Section 3. Special Reductions in Required Off-Street
Parking, to add "Multi-Tenant Building" to warehouse, wholesale, and
distribution; providing for conflicts, severability, codification and an effective
date.
City Attorney City Lamb read the Ordinance No. 23-025 into the record.
Mayor Penserga opened the floor to public comments.
Susan Oyer stated that we need more handicap parking and electric car chargers. She
said that the City of Okeechobee has high speed chargers, and that we need those same
ones. She spoke about charging people who leave their vehicles in the charger all day.
Mayor Penserga closed public comment.
Motion:
Commissioner Cruz moved to approve Proposed Ordinance No. 23-025 on Second
Reading. Vice Mayor Turkin seconded the motion. The motion passed unanimously.
9. City Manager's Report- None
10. Unfinished Business — None
9
Meeting Minutes
City Commission Meeting
Boynton Beach, FL December 19, 2023
11. New Business
A. Executive report for force main break near lift station No. 356 at East Boynton
Beach Boulevard.
Dr. Poonam Kalkat, Utilities Director, introduced the item. She spoke about the following
regarding the sewer spill after action update as follows: spill incident and location; force
main inside the stormwater conflict box structure; summary of actions taken; system
evaluation and recommendations; conclusions; and questions.
Mayor Penserga stated that he is pleased to hear that they have identified all other conflict
boxes that they need to be proactive about. He asked how the City responded regarding
informing the residents.
Ms. Kalkat replied that they reached out to the management staff of the buildings in the
area. She spoke about the outreach that was done by her and staff to all different social
media channels. She stated they can always improve on communication to residents and
the community.
Mayor Penserga said that communication was brought up to him numerous times and
mentioned that he looks forward to us improving. He asked about the means of detection,
to see how we can improve our response time.
Ms. Kalkat responded that most of the time they have a drop in pressure to see that
something is wrong. She said that in this instance, there was no drop in pressure and the
system kept flowing. She mentioned that the wastewater plant had a drop in pressure,
but it was not clear why. She said that there are very few things that could indicate this
issue ahead of time, since it was not visible.
Mayor Penserga said that it is concerning that they were not able to detect this issue,
being that we are a coastal City.
Ms. Kalkat conveyed again that they were not able to figure out why there was a drop in
flow at the wastewater treatment plant.
Commissioner Kelley asked if the conflict box contributed to the inability to detect the
issue.
Ms. Kalkat stated that the area that the box was at, it did contribute to them not being able
to see something and have a faster response. She confirmed that they checked the pipes
over the years, and it looked fine on either side of the box.
Commissioner Hay appreciated how the staff handled the issue and that they acted
immediately. He recommended educating the community on what to look for and who to
10
Meeting Minutes
City Commission Meeting
Boynton Beach, FL December 19, 2023
contact. He said that the more eyes they have, the better chance they have to catch it
before it is a real problem. He suggested distributing a list of what to look for.
Dr. Kalkat replied that is an excellent idea. She said that they could implement the
suggestion right away.
Mayor Penserga likes the idea of informing the public but does not want to community to
be alarmed.
B. Presentation regarding fleet management, due to the concerns with the auto
strike, and the possible reduction in products.
Mario Guzman, Director of Public Works, spoke about the fleet management as follows:
Agenda; Current UAW status — Insights and Impacts; Initiatives; Inventory Order
Acquisition; Stock Order Acquisition; NAPA -- Asset Works Implementation; Fleet
Replacement Overview; and Questions.
Commissioner Kelley asked about the impact of cost of parts by having NAPA.
Mr. Guzman stated that in some instances the parts are cheaper, and they are maxing
out on opportunity because of cost of contracts and invoices, etc.
Commissioner Hay thanked Mr. Guzman for keeping them informed.
C. Discussion on Retaliation Complaint.
Mayor Penserga stated that there have been complaints received, and he summarized
those positions named in the complaint. He said that when an employee makes a
complaint, it usually goes to HR and the City Manager, but it has been elevated to the
Commission because those people are involved. He asked if they would like the summary
or to read the letter.
Vice Mayor Turkin stated that he would like to see the complaint before opening up a
discussion, especially if it involves executive level management. He said that he does not
feel like it is appropriate if it is discussed now.
Mayor Penserga commented that the goal is to act responsibly.
Commissioner Kelley said that she would also like to see the letter before discussions.
Commissioner Hay stated that there have been similar situations before, but this has gone
above head people, so he would like to give the Mayor the authorization to look into this
and bring the information back to them.
11
Meeting Minutes
City Commission Meeting
Boynton Beach, FL December 19, 2023
Mayor Penserga said that they should look for a 3rd party investigator to look at the facts
and bring it back to them.
Vice Mayor Turkin reiterated that they all need to look at the complaint before they can
move forward. He said that he would not like to act immediately without knowing more
about it.
Mayor Penserga said that his intention was to give them the options and come back.
Vice Mayor Turkin said that he does not want to decide until this is looked at individually
and open us up to possible lawsuits.
Commissioner Cruz stated that she would like to see the complaint to be able to know
how to address it. She said that when investigations happen and management is involved,
we might have to have further discussion on what needs to be done.
Mayor Penserga spoke about shade sessions and asked about the instances that they
could have them.
Attorney Lamb stated that she is not aware of the complaint and said that if she is
involved, she cannot give her opinion. She said they can talk to the Deputy City Attorney,
or the City Commission can hire outside counsel. She explained options for a course of
action.
Commissioner Cruz asked if we would have to get another attorney involved.
Attorney Lamb said that without knowing what the complaint is, she does not know what
the next steps should be. She noted that the Deputy City Attorney Stacey Weinger could
give advice about outside counsel or shade sessions.
Commissioner Kelley reiterated that she would like to see the complaint first, but noted
that she would like to learn what their options are.
Commissioner Hay said that they have the authority to make decisions, but that he would
like to know what was stated from the complainant before they could make any decisions.
Mayor Penserga stated that there is consensus to have this addressed privately first and
then come back to the Commission.
Attorney Lamb recommended that they can hire outside counsel first and then they would
determine whether this complaint warrants an investigation.
Commissioner Hay asked if they should be speaking to outside counsel directly as
individuals.
12
Meeting Minutes
City Commission Meeting
Boynton Beach, FL December 19, 2023
Attorney Lamb explained that the City Commission is the Board and represented by
counsel. She said unless directed otherwise, each Board member is permitted to speak
to outside counsel.
Commissioner Hay recommended that they each talk to outside counsel.
Vice Mayor Turkin reiterated that they need to see the complaint to see what they are
working with.
Commissioner Cruz asked what the process would be next.
Attorney Lamb said that to get a copy of the complaint. She noted that the Deputy City
Attorney can propose several outside counsel options, and then they can speak to
counsel once selected.
There was discussion regarding the next steps that could be taken. There was consensus
to send the information to the City Clerk to send out to the Commissioners and then
reconvene for a Special Meeting.
C. Discussion on Mangroves.
Mayor Penserga said that there were conversations a few years back regarding
transferring ownership of the mangroves to the City, so that the City can take care of
them.
Mr. Mack stated that there was some discussion regarding doing this, but no action took
place so far. He said that he reached out to Ishram and that he said that they are still
considering this.
Mayor Penserga expressed concern that there was no follow up, but he is happy to hear
that they are still interested in doing this.
Commissioner Kelley said that she needs clarity.
Commissioner Hay asked who is maintaining them now.
Mr. Mack explained that they are under private ownership and that they are maintaining
them. He mentioned different options that could be possible.
Vice Mayor Turkin said that it is important to get this in writing.
Commissioner Cruz agrees that staff should communicate with the owner.
There was consensus to have public comment.
13
Meeting Minutes
City Commission Meeting
Boynton Beach, FL December 19, 2023
Mayor Penserga opened public comment.
Susan Oyer indicated that on March 21 , 2017, the owner verbally said that he would do
this, at a Commission Meeting, so they do have proof. She noted that, potentially, there
could be ghost orchids there. She mentioned having the mangroves examined because
they are protected by law. She said that this should be ours and we should be doing the
boardwalk too.
There were no virtual comments.
Mayor Penserga closed public comment.
12. Legal
A. Proposed Resolution R23-190- A Resolution of the City of Boynton Beach,
Florida, approving and authorizing The Re-assignment of the Town Square
Investigation to Pamala H. Ryan, Esquire, of Ottinot Ryan Law, and providing
an effective date.
Attorney Lamb read Proposed Resolution R23-190 into the record.
Attorney Lamb stated that there was a conflict of interest with the previous outside
attorney, so she is recommending this outside investigator.
Commissioner Cruz said that her position is to see if a few options can be brought forward
to continue the investigation.
Vice Mayor Turkin declared that the tax payers deserve to know what happened with this,
so the investigation should be continued. He asked for an explanation regarding the
conflict of interest.
Attorney Lamb explained what a conflict of interest could be and why she is
recommending a different attorney. She explained why she is recommending Pam Ryan
of Ryan Law. She mentioned that she can provide several other attorneys if they would
like to do that.
Vice Mayor Turkin reiterated that because of the previous relationships with attorneys,
that is why there is a conflict. He said that he is okay with either going with Ms. Ryan or
receiving a list of additional attorneys.
Mayor Penserga said that he has no intention on stopping the investigation. He
acknowledged that he is open to options.
Commissioner Hay agreed on continuing the investigation and said that he would like to
go with a list of potential firms.
14
Meeting Minutes
City Commission Meeting
Boynton Beach, FL December 19, 2023
Commissioner Kelley mentioned that she looked into Ms. Ryan and said that she is board
certified and is a specialist in her field. She added that she struggles that the Board would
like to choose one firm over the other based off resumes. She stated that the City Attorney
gave her professional recommendation and she would like to go with that
recommendation.
Mayor Penserga said that if this Board decides to go with options, he is okay with that.
Vice Mayor Turkin said that he would like to listen to Ms. Ryan and decide.
Pamala Ryan provided her history and said that she has 25 years in municipal law. She
spoke about what her firm has done over the 25 years, and why they would like to
continue the investigation. She mentioned her certification that Commissioner Kelley
spoke about.
Commissioner Hay said that he changed his position and is ready to move forward with
this firm.
Commissioner Cruz thanked Ms. Ryan for speaking about her history. She mentioned
that she does have a first amendment right to freedom of speech, and it does not mean
that she is against the investigation.
Mayor Penserga opened to public comment. There were none.
Motion:
Vice Mayor Turkin moved to approve Proposed Resolution No. R23-190. Commissioner
Hay seconded the motion. The motion passed unanimously.
13. Future Agenda Items
A. Discussion regarding regulations to support local businesses.- January 16,
2024
B. Presentation by staff and discussion regarding annexation options and
procedures.- January 16, 2024
C. Presentation by Utilities Department on project to review existing utility
infrastructure, development of risk matrix, and prioritization of repairs and/or
replacement projects - February 6, 2023
D. Provide update on grant funded projects in the Capital Improvement Plan -
February 6, 2024
15
Meeting Minutes
City Commission Meeting
Boynton Beach, FL December 19, 2023
E. Discussion regarding existing regional programs and best practices to combat
homelessness in the City. - March 19, 2024
F. Discussion regarding the Art Assessment Fee being allocated to infrastructure
instead of public art. — TBD
G. Discussion regarding combining City properties together to create senior
affordable housing . - TBD
14. Adjournment
Mayor Penserga stated that he would like to figure out a date for the Special Meeting.
There was consensus to give the City Clerk a few dates.
Motion:
Commissioner Kelley moved to adjourn the meeting. Commissioner Hay seconded the
motion. The motion passed unanimously.
There being no further business to discuss, the meeting was adjourned at 9:02 P.M.
CITY OF BOYNTON BEACH
ATTEST:
pl
Maylee D� esus, M C
City CI r
A of BDy/1/T`►
(l' 1
od
• c0R :a
1 19�0 R9TFt••••Z
1i
16