Minutes 02-20-24 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, February 20, 2024, 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 Reverend Amalie Ash, First Presbyterian Boynton.
Invocation was given by Reverend Ash.
Pledge of Allegiance to the Flag led by Commissioner Angela Cruz.
The Pledge of Allegiance was led by Commissioner Cruz.
Agenda Approval:
1. Additions, Deletions, Corrections
Mayor Penserga stated that staff requested to move up item #9A to after public audience.
He requested that item #12A be moved up to right after item #30, and that the Robert E
Wells Proclamation will be pushed to item #3C.
2. Adoption
Motion:
Commissioner Cruz moved to approve the agenda as amended. Commissioner Kelley
seconded the motion. The motion passed unanimously.
2. Other
A. Informational items by the Members of the City Commission.
City Commission Meeting
Boynton Beach, FL February 20, 2024
3. Announcements, Community and Special Events and Presentations
A. Proclamation- 211 Awareness Month.
Mayor Penserga read the proclamation into the record.
Sharon L'Herrou, President of 211 Awareness, spoke about the organization and said
that it is important that the residents know about the different things that the organization
helps out with. She stated that they also answer phone calls for the National Suicide
Prevention Hotline.
B. Proclamation- Robert E. Wells Day.
This item was heard after item #3C.
C. Presentation of potential methodology for Utility Infrastructure assessment
review, risk matrix development and prioritization for repairs and replacement
projects.
Dr. Poonam Kalkat, Utilities Director, spoke about the Underground Infrastructure Risk
Assessment as follows:recap information regarding customers served inside and outside
of Boynton Beach boundaries; distribution system; sewer collection system; pumping
stations; collection system; pumping stations; stormwater; challenges;data review and
analysis; developing Risk Matrix; next steps; and questions.
Mayor Penserga said that this broughta great deal of confidence that she has a specific
plan and that they can prioritize their resources. He asked what the timeline is to get a
consultant.
Dr. Kalkat said she is hoping 6 months, but it depends on the RFP process.
Commissioner Kelley thanked her for getting this ball rolling.
Commissioner Hay said that he is pleased to hear that there is a plan, and he asked to
compare our situation versus the situation in Riviera Beach.
Dr. Kalkat spoke about the issue that Riviera Beach is going through and the rules that
need to be followed. She said that any time there is an issue with wells, they take it out
of service right away. She gave examples on why they would close a well. She said that
her staff knows to let her know right away if anything ever does not look right.
Mayor Penserga said that he would like to see the water quality report.
Dr. Kalkat said that it comes out in June,and is for a full year, but that she can send out
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the report to the Commission whenever they would like.
Vice Mayor Turkin thanked her for her presentation.
Commissioner Cruz thanked her and her team for this presentation that she requested in
November.
3B. Proclamation- Robert E. Wells Day.
Mayor Penserga read the proclamation into the record.
Kendra Wright received the proclamation. She stated that her late husband, Bishop
Bernard Wright, worked hard that this is not forgotten and she wanted to continue this
for him.
12k Proposed Ordinance No. 24-006- First Reading- An ordinance of the City
of Boynton Beach repealing Ordinances O#37, O#47, and O#136 related to
segregation.
Kathryn Matos, Assistant City Manager, introduced Ordinance No.24-006. She said that
these were already obsolete but we are making it official and taking it off the Code for the
City. She spoke about the events for the Unity Project that will be funded by a grant. She
mentioned that there are a lot of exciting events coming up.
Gabriella Favitta, Director of Events, spoke about the series of events that will highlight
the Unity Project. She mentioned the commemoration of the project. She invited everyone
to come join them on the march, this Saturday, February 24, 2024. She further spoke
about the events in the coming months.
Mayor Penserga thanked all of the staff and community members that have been a part
of this. He read the entire ordinance into the title.
Commissioner Hay stated that this is way overdue, and that you are witnessing history
right now,and Boynton Beach can be a model for other Cities that still has this information
in their code. He said that of these 3 Ordinances, 37 and 47 separated the City, creating
a white and negro section of the City. He further spoke about the ordinance that were
repealed. He invited everyone to come out to help burn these ordinances and have lunch
with the community. He mentioned that we will continue to search the archives that might
need to be repealed.
Mayor Penserga said that this is first reading and we do not normally allow public
comment, but asked if the Commission would like to allow it.
Commissioner Hay asked to have it now.
Motion:
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Vice Mayor Turkin moved to approve allow public comment. Commissioner Hay
seconded the motion. The motion passed unanimously.
Public Comment:
Victor Norfus spoke about the Unity project starting a few years ago, and he talked about
the history of the beginning of this project. He said that Bernard Wright helped to get the
grant from the Mellon Foundation. He spoke about segregation and taking of lands, and
about the Heart of Boynton.
Cindy Falco De Corrado stated that she is not sure how that was ever passed in
Congress. She spoke about God creating us all equal,and the Commissioners back then
should be punishedforpassing this. She said that they need to stop separating black and
white because that causes separation. She commented that God is love, and she is upset
that this was even on the books. She spoke aboutliving nearthe Heart of Boynton Beach,
and being a part of that organization.
Tory Orr spoke aboutthe ordinances being on the book for 100 years, and that there were
a lot of black Commissioners and Mayors and he cannot believe that he has not heard
about this on the record still. He said that he is running for Mayor.
Bryce Graham spoke about having this on the book for 100 years, and how far Boynton
Beach has come. He said that this gives this community hope, but we are still facing
challenges across the country. He commented on the changes to the history that is
happening everywhere,such as books on black history being removed from libraries and
schools. He spoke about banning together as a human race.
Ernest Mignoli said that he listens to the City talking about equality but that when you
walk out the door, you do not get that. He stated that enriched development for
millionaires is what is driving the community. He spoke about public participation at
meetings and 211 calls.
Jean Ferguson stated that the Robert Wells Proclamation is directly connected with the
baseball team. He spoke about taking away the properties to give to businesses. He said
that he loves the Unity Project items, and asked for due diligence.
John Dames credited the Commission for addressing these Ordinances. He spoke about
challenging the demonic spirits that still circle the City.
Mayor Penserga closed public comment.
Motion:
Commissioner Hay moved to approve Proposed Ordinance No. 24-006 on First Reading.
Vice Mayor Turkin seconded the motion. The motion passed unanimously.
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4. Public Audience
Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of
the Chair, this 3-minute allowance may need to be adjusted depending on the level
of business coming before the City Commission).
Harry Woodworth spoke about the March 5th Agenda regarding the strategic plan. He
said that we need to have a plan and move forward with the opportunities that we have.
He thanked the staff that put forward the preventative maintenance on the water/sewer
lines.
India Sysco spoke about loving Boynton Beach, except for the crime in the City. She
mentioned that when she hears gunshots and not police sirens, that is a problem. She
spoke about the Police Officers not being able to do anything with kids on motorcycles
and ATVs, and that she wants for cops to not be afraid to do their jobs.
Susan Oyer spoke about the destruction of the Mangroves being stopped. She said that
they have created an Advisory Board problem because off all of the knowledge that is
leaving the Boards. She stated that we are losing institutional knowledge with employees
too. She asked that they please stop screwing around with the Little League Fields. She
stated that we need to address the beautification issue in the City.
Cindy Falco De Corrado spoke about the City looking like a slum. She mentioned that
there are 8 streetlights that do not work on Boynton Beach Blvd, and it is too dark. She
talked about a beautification plan that was put together many years ago, about getting rid
of the 666 benches, and the things that separate the City. She asked for a park for the
older people in the differentdistricts. She spoke about 211, and said that you have to wait
for them to call them back.
James Lee Bell stated that he is a concerned resident,and ever since FDR we have gone
downhill.
Victor Norfus commented about the baseball fields being sold to an entity, but we also
need a cemetery. He mentioned the very little care that is being done to District 2. He
spoke about being on a community board that was removed, and term limits that may or
may not have people to replace them.
Mark Karageorge spoke about the positives going on in the City, including education on
Black History Month, and he encouraged people to come and learn about the history at
the library.
John Ready spoke about the Little League Park, and his concerns regarding the fields
that are not being worked on. He is formally requesting a meeting with different entities
involved in this situation, so that they can find a compromise.
Tony Sancarthanked the Commission for repealing the ordinances. He said that the little
league is also separating the City, and he spoke about issues that he came across on the
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agreement. He further spoke aboutthe problems with the little league,and promises that
were given to them by the current board, but is not on the contract.
Melan Heany spoke about the little league team and her son playing on the field. She
mentioned that her son has nowhere to play now because of the agreement. She
commented that his team will never be a "home team" because of this.
Garrett Mackey spoke about his son, Theo, being sent to the East Boynton Beach Little
League team because of being the best team. He said that it is not what the field is made
of, it is the community that makes it what it is.
Jean Ferguson spoke about Shawna Lamb selling the organization to the Little League
team. He said that the team gives back to the community and does not understand how
that organization gets the fields for$1 a year.
Phil Toronto spoke about being involved with this league for years. He said that when he
set this up, it was to keep the little league team here and not be taken over from the
cemetery. He said that his kids were told two weeks ago that he could not play in a
tournament because of what his father is doing in the community.
Landon (inaudible last name)spoke about being a senior player with nowhere to play. He
asked that the Commission reconsider the agreement with Barowitz. He asked that the
blue and gold of the Little League be included, not Barowitz's colors.
Jessica Ferguson thanked the Commission for passing the Ordinances.She spoke about
being able to go back to the table and amend the field contract, and that they should be
included. She spoke about the trespassing order that was issued and feeling displaced.
Tiera Rogers said that they were heard at the last meeting. She spoke about the league
being respected, and mentioned that they want to maintain the sense of community.
Barbara Ready spoke about community participation, and due diligence not being done
with the little league field. She commented on the Advisory Boards losing members. She
asked to have the Commission asked the community about their inputbefore going to the
architect.
Adam Limb spoke about the East Boynton Beach Little League Team, and he thanked
the Commission for taking steps to make things right. He mentioned having key
stakeholder input for the Little League fields. He said that they have spoken about
maintaining the park.
Paul Bergen spoke about the ordinances that were repealed, and asked if the choices
they made regarding the fields will have a lasting effect on the community like the
ordinances that were repealed.
Ernest Mignoli spoke about texting during meetings, and people leaving the room. He
said that there has not been a time in recent history where lots of people are leaving the
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City or being charged for something.
Mayor Penserga closed public audience.
9A. Finance Department Presentation.
Mara Frederiksen, Finance Director, spoke about the following regarding Financial
Services as follows: organizational chart; mission and services; team members
(accounting division); highlights and core responsibilities; structure of city finances;
collecting revenues; investing cash monitoring debt; disbursing expenditures;cash and
investment balances; team members (budget division); why budget? and the budget
process; budget division facts and accomplishments; image of transparency page; team
members (procurement); purchasing division and core responsibilities;2023 solicitations;
purchase orders issued and total purchasing amounts;team members (payroll division)
and core responsibilities;Team members (Grant Division); mission and services-grants,
grants mission and core responsibilities; highlights FY24 and upcoming applications;
team members (community improvement division); community improvement division
mission statement and division services to the community;team members (materials and
distribution); services provided to city departments; warehouse inventory commodities;
contracts managed by our department; inventory and special order figures; and finance
picture.
Commissioner Cruz thanked Ms. Frederiksen for her presentation.
Commissioner Hay encouraged Ms. Frederiksen to continue keeping us out of trouble.
Commissioner Kelley said she will have questions, but will get with staff.
City Manager Dugger said that they bumped heads when he first started, but now they
work cohesively and he thanked the Finance staff. He asked for a picture with the
department and the Commissioners.
5. Administrative
A. Ratify Selection of Chair and Vice Chair for the Senior Advisory Board.
Motion:
Vice Mayor Turkin moved to approve Ratify the selection of Sandra Watson as Senior
Advisory Board Chair and James Czizik as Senior Advisory Board Vice Chair.
Commissioner Hay seconded the motion. The motion passed unanimously.
B. Ratify Selection of Chair and Vice Chair for the Community Redevelopment
Advisory Board.
Motion:
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Commissioner Kelley moved to approve Ratify the selection of Naomi Cobb as
Community Redevelopment Advisory Board Chair and Courtlandt McQuire as
Community RedevelopmentAdvisoryBoard Vice Chair. Commissioner Hay seconded the
motion. The motion passed unanimously.
C. Advisory Board Appointments.
Motion:
Commissioner Hay moved to appoint Ricardo Camacho as a regular member of the
Education and Youth Advisory Board. Commissioner Cruz seconded the motion. The
motion passed unanimously.
Motion:
Commissioner Kelley moved to appointJulie Carter as a regular member of the Education
and Youth Advisory Board. CommissionerCruz seconded the motion.The motion passed
unanimously.
6. Consent Agenda
A. Proposed Resolution No. R24-032- Approve the City's Local Housing
Assistance Plan (LHAP) for Fiscal Years 2024-2025, 2025-2026, and
2026-2027 and authorize the Mayor to sign the LHAP Certification.
B. Proposed Resolution No. R24-033- Approve and authorize the City
Manager to sign the grant application, accept the grant, and execute all
documents associated with the grant subject to the approval of the City
Attorney for the Florida Boating Improvement Program Grant (FBIP) for the
Phase Two - Construction of the boat ramps and dock at Pioneer Canal
Park, and authorize the Project Manager from Construction Services -
Public Works Department to serve as the project manager on behalf of the
City.
C. Proposed Resolution No. R24-034- Approve and authorize the City
Manager to sign the Landscape "Maintenance of Memorandum of
Agreement" (MMOA) between the City of Boynton Beach and the State of
Florida Department of Transportation for Broadstone project's irrigation,
landscape, and hardscape items located within the FDOT right-of-way
along South Federal Hwy.
D. Proposed Resolution No. R24-035- Approve and authorize the City
Attorney to submit a voting ballot to accept the Bankruptcy Plan and to
appoint the Chairperson as special proxy to vote in favor of the Scheme at
the relevant Scheme Meeting and any adjournment thereof in the matter
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of Endo International, PLC, et al., which will enable the City to participate
in the Public Opioid Trust.
E. Proposed Resolution No. R24-036- Approve and authorize the Mayor to
sign the Agreement to Terminate the Economic Development Planning
Interlocal Agreement between the CRA and the City for Partial Funding of
Economic Development Plan Performed by Florida International
University.
F. Budget Status Report for FY2023 thru September 2023 (unaudited).
G. Approval of purchases for over $10,000 for November and December
2023.
Commissioner Hay pulled item #6A, for discussion.
Motion:
Commissioner Cruz moved to approve the consent agenda, as amended.
Commissioner Kelley seconded the motion. The motion passed unanimously.
6A. Proposed Resolution No. R24-032- Approve the City's Local Housing
Assistance Plan (LHAP) for Fiscal Years 2024-2025, 2025-2026, and
2026-2027 and authorize the Mayor to sign the LHAP Certification.
RJ Ramirez, Community Improvement Manager, spoke about the following regarding
the SHIP Program and LHAP: 2024-2026 LHAP housing strategies- purchase
assistance with or without rehabilitation,and owner-occupied rehabilitation;emergency
repair- limited rehabilitation and Disaster assistance; rapid re-housing;and 2024-2026
LHAP Housing delivery goals chart.
Commissioner Hay asked how many people are in the rapid housing program.
Mr. Ramirez spoke aboutwhatwas given to the organ izationsthat help with this initiative.
He mentioned the program income and the process for it.
Commissioner Hay asked if the homeless clients come to us or do we seek them out.
Mr. Ramirez stated that they are referred to Vita Nova, and some have been directly
helped because of high priorities. He mentioned Dr. Greene coming to a future meeting,
to speak about the help that the County is doing with homeless, including this funding.
He spoke about grants that he can use to be able to assist everyone that needs help.
Motion:
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Commissioner Hay moved to approve the Resolution No.R24-032.Commissioner Cruz
seconded the motion. The motion passed unanimously.
7. Consent Bids and Purchases over$100,000
A. Proposed Resolution No. R24-037- Authorize the City Manager to sign a
60-month agreement for the purchase of MAN (Metropolitan Area Network)
connectivity services between City buildings and Internet connectivity
services from Comcast Cable Communications Management, LLC for
$5,764.10 a month plus taxes and fees and approve the yearly spending
to Comcast Business Communications, LLC in the amount of $186,300 for
the 60-months of this agreement.
B. Proposed Resolution No. R24-038- Approve utilizing the City of
Gainesville, Florida, Contract - RFP No. MOBX-230063-DN and authorize
the City Manager to sign an agreement with NUE Urban Concepts, LLC of
Palm Beach Gardens, Florida, for Consulting Services related to the
development of a Mobility Plan with an estimated annual cost of $144,000.
Proposed Resolution No. R24-039- Approve the Planning & Zoning
Department FY 23/24 Budget Amendment for the addition of unrealized
revenue totaling $30,000.
Motion:
Vice Mayor Turkin moved to approve the Consent Bids and Purchases over $100,000.
Commissioner Cruz seconded the motion. The motion passed unanimously.
8. Public Hearing
6 p.m. or as soon thereafter as the agenda permits.
The City Commission will conduct these public hearings in its dual capacity as
Local Planning Agency and City Commission.
A. Proposed Ordinance No. 24-002- Second Reading- An Ordinance of the
City of Boynton Beach, Florida repealing Sections 2-5, 2-6, and 2-7 of the
City Code of Ordinances; creating a new Article in Chapter 2,
Administration, Article 6, entitled "City Attorney;" providing for codification,
severability, conflicts; and providing for an effective date.
Motion
Commissioner Cruz moved to approve Ordinance No. 24-002. Commissioner Hay
seconded the motion. In a roll call vote, the motion passed unanimously.
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B. Proposed Ordinance No. 24-003- Second Reading -An Ordinance of the
City of Boynton Beach, Florida, amending Chapter 2. "Administration ,"
Article IV, entitled "Purchasing & Consultants," Section 2-56(c) is hereby
amended to amend the process to dispose of City -owned real property;
providing for conflicts, severability, codification; and an effective date.
Motion
Vice Mayor Turkin moved to approve Ordinance No. 24-003. Commissioner Cruz
seconded the motion. In a roll call vote, the motion passed unanimously.
C. Proposed Ordinance No. 24-004- Second Reading- An Ordinance of the
City of Boynton Beach, Florida, amending Chapter 2.5, "Alarm Systems,"
to clarify Fire Department fees for responding to excessive false alarms;
providing for repeal of laws in conflict, severability, codification and an
effective date.
Shawna Lamb,City Attorney, stated that there was an article saying that fire alarm fees
were being raised, which is false.
Motion
Commissioner Kelley moved to approve Ordinance No. 24-004. Commissioner Hay
seconded the motion. In a roll call vote, the motion passed unanimously.
D. Proposed Ordinance No. 24-005- Second Reading- An Ordinance of the
City of Boynton Beach, Florida, amending Chapter 9, "Fire Protection and
Prevention," Section 9-1, "Boynton Beach Fire Code; Fire Codes Adopted,"
to update the City Code as required by Florida Statute when a new edition
of the Florida Fire Prevention Code has been adopted; providing for repeal
of laws in conflict, severability, codification and an effective date.
Motion
Commissioner Cruz moved to approve Ordinance No. 24-005. Vice Mayor Turkin
seconded the motion. In a roll call vote, the motion passed unanimously.
9. City Manager's Report- None
A. Finance Department Presentation.
This item was discussed after Public Audience.
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10. Unfinished Business
11. New Business
12. Legal
A. Proposed Ordinance No. 24-006- First Reading- An ordinance of the City
of Boynton Beach repealing Ordinances O#37, O#47, and O#136 related
to segregation.
This item was discussed after 3C.
13. Future Agenda Items
A. Provide update on grant funded projects in the Capital Improvement Plan,and
list of CIP Projects - March 5, 2024
B. Adoption of the 2023-2028 Strategic Plan for the City of Boynton Beach -March
5, 2024
C. Discussion regarding regulations to support local businesses.-March 19, 2024
D. Discussion regarding existing regional programs and best practices to combat
homelessness in the City. - March 19, 2024
E. 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
H. Discussion regarding youth student attendance, at National League of Cities
Conference, sponsored by the City.-TBD
I. Discussion regarding a waiver process and criteria for workforce housing
projects. -TBD
J. Discussion regarding infrastructure, specifically paving in the City- TBD
K. Discussion regarding Town Square project- planned hotel site. - TBD
14. Adjournment
Motion
Commissioner Cruz moved to adjourn the meeting. Commissioner Hay seconded the
motion. The motion passed unanimously.
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There being no further business to discuss, the meeting was adjourned at 8:45 P.M.
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