Minutes 09-03-24 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, September 3, 2024, at 6:00 P.M.
Present:
Mayor Ty Penserga Daniel Dugger, City Manager
Vice Mayor Aimee Kelley Shawna Lamb, City Attorney
Commissioner Angela Cruz Maylee De Jesus, City Clerk
Commissioner Woodrow L. Hay
Commissioner Thomas Turkin
1. Agenda Items
A. Call to Order—Mayor Ty Penserga
Mayor Penserga called the meeting to order at 6:04 P.M.
Roll Call
City Clerk Maylee De Jesus called the roll. A quorum was present.
Invocation by Commissioner Woodrow Hay.
Invocation was given by Commissioner Hay.
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 requested to move agenda item 3 before agenda item 2.
Vice Mayor Kelley mentioned that agenda item 2A should be before the presentations.
Mayor Penserga acknowledged that item 2A would be heard before the presentations.
There were no objections.
2. Adoption
Motion:
Commissioner Turkin moved to approve the agenda, as amended. Commissioner Hay
City Commission Meeting
Boynton Beach, FL September 3, 2024
seconded the motion. The motion passed unanimously.
2. Other
A. Informational items by the Members of the City Commission.
Commissioner Cruz disclosed that she spoke with the Fire Chief and residents regarding
item 6J.
Commissioner Hay stated that he attended the Black Business Pop Up Event, which was
well attended, and he was pleased to see the turnout. He shared that he had the
opportunity to attend the Kamala Harris event that morning.
Commissioner Turkin mentioned that he attended the Black Business Pop Up Event and
noted it had a great turnout. He gave recognition to the events team for their efforts.
Commissioner Kelley thanked the Economic Development team for successfully kicking
off the small business summit.
Mayor Penserga echoed the sentiments expressed about the events.
3A. The City Commission is recognizing the East Boynton Beach Little
League 11 and Under team for winning the 2024 Florida State
Championship title. These talented players beat Keystone Little League 11
and Under Allstars 8-2 for the win. For all of their hard work, talent and
determination, they make the city proud.
Mayor Penserga recognized the Little League Team for winning the Florida State
Championship Title and read their names into the record.
Coach Mario Marchione thanked the Board for formally congratulating the team and
spoke about its history. He shared their goal to win the Little League Series next year and
highlighted the friendships formed and the hard work put into the team.
Commissioner Turkin commented that next year, the achievement will be for the World
Series.
3B. State of Education Report by District 4 School Board Member Erica
Whitfield.
Erica Whitfield stated that she wanted to provide an update on the State of Education in
Boynton Beach.
Mayor Penserga mentioned that the new Principal for Poinciana was also present.
Ms. Whitfield provided the following updates: named schools within Boynton Beach; the
City Commission Meeting
Boynton Beach, FL September 3, 2024
school district is back to being an A District, one of two in the State of Florida; school
grades in Boynton Beach; introduced new Principals in a few schools within Boynton
Beach; attendance in schools post-Covid; and the half penny sales tax that they added
as a referendum.
Mayor Penserga thanked Ms. Whitfield and expressed his happiness about the
improvement in school grades. He asked if there was anything the Board could do beyond
communication to help improve attendance.
Ms. Whitfield noted that some people became accustomed to missing school during Covid
and no longer viewed it as a big deal. She emphasized the importance of attendance and
suggested visiting schools and recognizing students for their attendance achievements.
Vice Mayor Kelley asked about the new proposed potential school schedules and inquired
if there was an update on the response.
Ms. Whitfield explained that the changes would not be implemented until 2026, and they
were hoping to approach Legislation to request flexibility or an exemption from the new
timeframe. She detailed the potential difficulties that the changes would bring, and
suggested signing a letter to support the school board.
Vice Mayor Kelley expressed surprise at how quickly the change passed and remarked
that it would be a logistical nightmare.
Ms. Whitfield noted that it has been about two years since the change was passed, and
she now opposes it due to her concerns.
Vice Mayor Kelley discussed the impact that the change would have on high school
students. She thanked Ms. Whitfield for her report and expressed agreement with
recognizing attendance.
Mayor Penserga mentioned that he had a meeting with the principals a while ago and
noted that there are many exciting things happening in the schools, which should be
shared with the community.
Ms. Whitfield mentioned that they have a new Communications Director and introduced
the new Principal for Poinciana.
Shannon Stockman, Poinciana Principal, thanked everyone for welcoming her into the
community and remarked that it is a fantastic place.
3C. Report on FEMA Flood Zones by Richard Radcliffe, Executive Director,
Palm Beach County League of Cities
Richard Radcliffe expressed his gratitude to the Board and provided an overview of the
upcoming FEMA changes for flood zones, effective December 20, 2024. He explained
City Commission Meeting
Boynton Beach, FL September 3, 2024
that these changes would extend the flood map further west into Boynton Beach. He
noted that he represents all 39 municipalities and emphasized the importance of media
communications to inform residents of Palm Beach County. He highlighted the obligation
to ensure that residents are aware of the changes.
Commissioner Cruz thanked him for his presentation and stressed the importance of this
information for the community. She requested that the City share the County's website,
to allow residents to check the updated map.
Mr. Radcliffe commended the County for their website and mentioned the upcoming
meeting. He noted the need for someone to attend and spoke about the "Elected People
under 40" recognition at the National League of Cities conference.
Vice Mayor Kelley asked if the meeting would be in person only.
Mr. Radcliffe confirmed that it would be held at the Police Station
3D. Proclamation- Hunger Action Month.
Vice Mayor Kelley read the proclamation into the record.
Amy Talbot, Feeding South Florida, thanked the Board for recognizing September as
Hunger Action Month. She spoke about Hunger Action Month and their Feeding South
Florida location.
3E. Proclamation- Hunger Action Month.
Mayor Penserga announced the meeting.
3F. Announcement of the City of Boynton Beach 9/11 Ceremony
Mayor Penserga announced the ceremony.
Item 28 was heard following item 3F.
B. Commission discussion and presentation by Poonam Kalkat on proposed
utility rates and tier revisions for FY 24-25. (Tabled from August 20, 2024)
Motion:
Commissioner Hay moved to remove the item from the table. Commissioner Cruz
seconded the motion. The motion passed unanimously.
Dr. Poonam Kalkat, Utilities Director, mentioned that the information requested previously
remained the same, with an additional tier structure suggested by Commissioner Cruz.
City Commission Meeting
Boynton Beach, FL September 3, 2024
Ryan Smith, Rate Consultant, explained that last year, when discussing rate changes,
they explored other ways to introduce cost-justified revisions. He reviewed the following:
purpose; recommendations; miscellaneous fees; and residential wastewater billing cap.
Dr. Kalkat noted that a new meter installation would trigger an increase.
Mr. Smith continued with residential wastewater billing cap; alternative water commodity
tiers; alternative water commodity tiers- commercial impact; revised tiers- residential
impact; residential bill comparison; and estimated annual revenue impact.
Dr. Kalkat compared the commodity tier structure to neighboring utilities and presented a
monthly water and wastewater bill comparison with neighboring utilities.
Mr. Smith also elaborated on the commodity tier comparison with neighboring utilities,
emphasizing that the proposed changes align closely with other utilities and support
reducing the tiers. He provided a monthly water and wastewater bill comparison, FY-2025
rate increases for neighboring utilities, and a residential bill comparison.
Dr. Kalkat highlighted their current focus on the City's needs and discussions with bond
consultants.
Dr. Kalkat stated that they are not requesting a rate increase.
Mr. Smith clarified that they are requesting an adjustment in the tiers.
Commissioner Cruz noted that for the last 100 years, Tier 1 in the City has been set at 0-
9K gallons, but the current proposal is to change it to 0-7K gallons. She requested to keep
Tier 1 the same and make adjustments to the higher tiers, and she explained her reason.
Dr. Kalkat reiterated that the change from 0-9K to 0-7K gallons would only be incremental
over the 7K gallons, not for the entire amount of gallons used.
Commissioner Cruz acknowledged the response but maintained her request to keep Tier
1 unchanged.
Mr. Smith provided data on flow frequency for residents using between 7K-9K gallons,
which stands at 4%. He explained the importance of maintaining consistent tiers and
referenced conservation structures in California, which are facing challenges, as a reason
for sticking to this structure.
Commissioner Cruz mentioned that Delray Beach's Tier 1 covers 0-12K gallons, and
reiterated her desire to keep Boynton Beach's Tier 1 unchanged and allow adjustments
to be made for the higher tiers.
Vice Mayor Kelley pointed out that last year, the City approved an annual rate adjustment
for the next few years and asked about the specific increase.
City Commission Meeting
Boynton Beach, FL September 3, 2024
Dr. Kalkat responded that they proposed a 10% increase in the first year and 5% in the
subsequent years.
Vice Mayor Kelley thanked them for exploring alternative ways to avoid annual rate
increases. She emphasized that residents deserve clean pipes and clean water, and
reiterated her support for the increase, noting that it affects only a small portion of
residents. She mentioned that the City would likely need to consider another increase
next year.
Mayor Penserga stated that there was nothing to vote on tonight and summarized the
concerns raised on both sides.
Dr. Kalkat mentioned that if irrigation is used wisely, residents could reduce their water
usage.
C. Proposed Resolution No. R24-189-Adopt the proposed millage rate for the
General Fund for Fiscal Year 2024-2025. Proposed Resolution No. R24-
190- Adopt the Tentative Budget for the General Fund and all other funds
for Fiscal Year 2024-2025.
Mayor Penserga asked if these two items required separate public comments.
City Attorney Lamb Attorney confirmed that public comment should be separate.
Anthony Davidson, Budget Manager, provided a presentation covering the following
topics: the purpose of the millage and budget hearing; state truth in millage (TRIM);
proposed tax levy vs rollback rate; adjustments post-budget workshop general fund
revenue highlights for both revenues and expenditures; all funds appropriation summary;
millage rate impact on residential and commercial properties; and responded to
questions.
Mayor Penserga opened public comments.
Cindy Falco De Corrado expressed her dissatisfaction with the changes in personnel and
the high salaries being paid to employees. She voiced her frustration, stating that
residents are tired of being robbed.
Mayor Penserga clarified that the millage rate is actually being reduced.
Tom Ramiccio reflected on the budget discussions over the past few months and
suggested that a different process be developed for next year. He spoke about the need
for earlier involvement in the process and expressed concern over a $12 million increase
in the budget. He requested that a zero-based budget approach be used for the following
year.
City Commission Meeting
Boynton Beach, FL September 3, 2024
There were no virtual comments.
Mayor Penserga closed public comments.
Commissioner Turkin stated that he would like to see a zero-based budget implemented.
Motion:
Vice Mayor Kelley moved to approve Resolution No. R24-189. Commissioner Cruz
seconded the motion. The motion passed unanimously.
Mayor Penserga opened public comments on Resolution No. R24-190.
Susan Oyer stated that there should be savings with half of the lights being out and
expressed her support for a zero-based budget. She mentioned that the overall budget
has seen a significant increase. She suggested that take-home cars should be limited to
Police personnel only. Additionally, she questioned where the personnel savings are,
considering that two employees are now managing multiple departments.
No virtual comments.
Mayor Penserga closed public comments.
Motion:
Vice Mayor Kelley moved to approve Resolution No. R24-190. Commissioner Hay
seconded the motion. The motion passed unanimously.
D. Proposed Resolution No. R24-191- Annual Comprehensive Fee Schedule
Rate Changes for Fiscal Year 2024-2025.
Anthony Davidson stated that only three departments are affected by the changes.
Annalie Holmes, Public Works Assistant Director, provided information on the following
topics: historical residential rates versus inflation for solid rates; a rate comparison for
residential services; and a roll-off container comparison.
Commissioner Hay asked what "Been There Dump That" refers to.
Ms. Holmes clarified that it is another company.
Adam Temple, Assistant City Manager, spoke about the departmental reorganization and
the proposals made by Amanda Radigan.
Vice Mayor Kelley inquired about the fees Mr. Temple was referencing.
Mr. Temple explained the proposed rate increases.
City Commission Meeting
Boynton Beach, FL September 3, 2024
Mayor Penserga opened public comments. No one came forth to speak. He closed public
comments.
Motion:
Commissioner Turkin moved to approve Resolution No. R24-191 . Commissioner Hay
seconded the motion. The motion passed unanimously.
E. Proposed Resolution No. R24-192- Adopting the final fire assessment fee
for fiscal year 2024-2025.
Chief Hugh Bruder stated that he had reviewed the presentation in July. He discussed
continued efforts to educate residents about the Fire Assessment and noted that the
information was available on the City's website, including the PowerPoint presentation.
Mayor Penserga requested a short recess at 8:14 P.M.
The City Commission reconvened at 8:22 P.M.
Chief Bruder presented on the following: the need for a Fire Assessment; projected capital
improvements using the proposed fire assessment increase; the proposed $25 increase;
Fire Assessment Fee comparison by municipality, municipal service taxable items; and
funding additional resources through mutual aid during training.
Commissioner Hay commented that West Palm Beach, the largest City in Palm Beach
County, has the lowest fire assessment rate.
Chief Bruder responded that West Palm Beach's millage rate is 9%.
Commissioner Cruz stated that after speaking with residents, there was confusion
regarding the proposed increase, with some believing it would be an additional $145 on
top of the current $120 assessment. She also mentioned that residents were asking what
previous Fire Assessment revenue had been used for.
Chief Bruder explained that the original concept behind the Fire Assessment was to
eventually sunset it, but he emphasized that it should be a permanent fee, as it cannot
simply go away. He provided details on what the current fee is used for, according to
statutory requirements, and mentioned that the additional$25 would cover future projects.
Commissioner Cruz sought to clarify the proposed $25 increase and suggested a smaller
$20 increase instead, given that there had not been an increase in many years.
Chief Bruder emphasized that they are asking for what is needed, not more.
Mayor Penserga asked a resident to leave due to interruptions.
City Attorney Lamb stated that the resident could be allowed back during the public
comment period if desired.
Mayor Penserga remarked that there had been multiple interruptions throughout the night,
City Commission Meeting
Boynton Beach, FL September 3, 2024
and order needed to be maintained.
Chief Bruder continued, stating that while there are projects that need to be completed,
they will have to be covered at some point. He said it was up to the Board to make a
decision.
Commissioner Turkin stated that he wanted to make his position clear. He mentioned that
he had heard from his constituents, who do not support the increase, and he would not
go against their wishes.
Mayor Penserga opened public comments.
David Merker expressed that it was common sense to vote in favor of the increase, as
the safety of the people was more important than a small amount of money.
Debbie Matchia mentioned that volunteer Firefighters often engage in fundraising to
purchase expensive equipment. She suggested asking for donations to cover the extra
funds being requested.
Christy Bellmont shared that she is on a fixed budget and supported the idea of
fundraising to meet the City's needs. She commented that residents do not have the same
wealth as those living in other parts of Palm Beach County.
Cindy Falco De Corrado discussed the Coast Guard's responsibility for water safety. She
added that she had only seen special fire vehicles during City events and expressed that
residents should not have to pay for what she referred to as "extra toys" for the Fire
Station.
Susan Oyer stated that she supports the proposal, but has some questions. She asked if
the Harvey Oyer building is where the internal affairs department is located or if it is
housed elsewhere. She pointed out that various buildings are being used for other
purposes, such as children's art classes, and inquired about the location of the Firefighter
equipment for water rescues. She also mentioned that a fire assessment waiver is
available for those unable to pay.
Schneider expressed concern that many people are unable to afford additional expenses
and urged the Board to be mindful of those struggling financially.
Trinetta echoed Mr. Schneider's concerns, noting that while the assessments may seem
small, every little bit adds up. She emphasized that many are still recovering from the
effects of COVID-19 and are doing their best to make ends meet.
There were no virtual comments.
Mayor Penserga closed public comments.
Vice Mayor Kelley reminded everyone that there is an exemption form available for those
who cannot pay the fee, and it is accessible on the City's website. She explained that the
exemption renews annually and can be reevaluated each year. She also mentioned that
Fire Station 3 is located in District 4, and its residents and firefighters deserve a new
City Commission Meeting
Boynton Beach, FL September 3, 2024
station instead of constant temporary fixes.
Commissioner Cruz shared that she is conflicted because many residents have
expressed opposition to the increase, but she also understands and supports the need
for a new Fire Station. She reiterated that she would support no more than a $20 increase
and suggested that staff should attend meetings to help residents apply for the waiver, if
possible.
Commissioner Hay highlighted that safety has always been a top priority and stressed
the importance of timely responses to fires, noting that every second counts. He stated
that reducing response times by even one minute is worth the $2 per month increase. He
added that many of his constituents believe the return on this investment is well worth it,
and he supports the $25 assessment due to its clear benefits.
Mayor Penserga stated that he will never compromise on safety. He reiterated that
exemption forms are available for those unable to pay. He expressed discomfort with the
fact that Firefighters are staying in a dilapidated firehouse and emphasized that ensuring
the City's fire services are up to standard is crucial, especially in emergencies.
Motion:
Commissioner Hay moved to approve Resolution No. R24-192. Vice Mayor Kelley
seconded the motion. The motion passed 3-2, with Commissioner Turkin and
Commissioner Cruz dissenting.
3. Announcements, Community and Special Events and Presentations
Item 3A was heard following item 2A.
A. The City Commission is recognizing the East Boynton Beach Little League
11 and Under team for winning the 2024 Florida State Championship title.
These talented players beat Keystone Little League 11 and Under Allstars
8-2 for the win. For all of their hard work, talent and determination, they
make the city proud.
B. State of Education Report by District 4 School Board Member Erica
Whitfield.
C. Report on FEMA Flood Zones by Richard Radcliffe, Executive Director,
Palm Beach County League of Cities
D. Proclamation- Hunger Action Month.
E. Proclamation- Hunger Action Month.
F. Announcement of the City of Boynton Beach 9/11 Ceremony
4. Public Audience
City Commission Meeting
Boynton Beach, FL September 3, 2024
Public Audience: Any citizen may be heard concerning any matter within the
scope of the jurisdiction of the Commission. 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).
Melissa Haggens spoke about the pole in front of her house and the fumes coming from
construction nearby. She expressed her desire to sit in front of her house without getting
sick. She also mentioned the need for Firefighters to be able to turn around on the street
without using her driveway. She requested a new dead-end sign at the beginning of the
street.
Commissioner Hay asked for her address, and Ms. Haggens provided 2240 NW 2nd
Street.
Christy Momont raised two concerns, the first being Police presence. She shared that she
travels from Lake Worth to Boynton every day and noted that drivers are going straight
from the turning lane on Congress. She has requested Police enforcement with radar
guns. She mentioned that her second concern was about the number of cars in the Forest
Park neighborhood, making it difficult to drive through. She suggested there should be
restrictions on how many vehicles are allowed per house.
Susan Oyer stated that she has previously brought up similar concerns. She
congratulated ELLBB. She mentioned state parks being considered for changes and
urged a referendum. She requested that the LDRs be reviewed to protect the parks. She
mentioned that Code Enforcement is targeting people with items in their carports and
suggested that there are numerous ways to conserve water.
Cindy Falco De Corrado spoke about a FOIA request she made regarding the cameras
inside the Chambers. She expressed concerns about the Fire Assessment, which she
considered a tax. She said that her assessment has increased to $200 and suggested an
external garbage pickup should be provided. She asked how much of the assessment
goes toward sewage and emphasized that property owners should have full control over
their property.
Gabriella Favitta announced that FPL would be providing breakfast after the 9/11
ceremony.
5. Administrative
A. Community Support Funds.
Mayor Penserga stated that there are requests from Vice Mayor Kelley, Commissioner
Turkin, and Commission Hay for Community Support Funds to various organizations.
City Commission Meeting
Boynton Beach, FL September 3, 2024
Motion:
Commissioner Turkin moved to approve all Community Support Fund requests.
Commissioner Hay seconded the motion. The motion passed unanimously.
B. Discussion regarding changing the date of the first Commission meeting in
November, due to the National Election.
City Manager Dugger stated that they can combine the meeting, cancel the meeting, or
change it.
Commissioner Turkin stated that the day before the election day was suggested.
There was discussion regarding the dates and consensus to move it to November 4th.
6. Consent Agenda
A. Proposed Resolution No. R24-193- Approve a 3-year, 36-month subscription
agreement with AT&T to add SIP Lines (Session Initiation Protocol Lines) to
the Police Department's Communication Center. The total amount for three
years is $25,777.80 ($8,592.60/year).
B. Proposed Resolution No. R24-194- Approve a Waiver of Deadline to the
Interlocal Agreement between the City of Boynton Beach and the Boynton
Beach Community Redevelopment Agency (CRA), for the CRA District
Streetscape/Lighting Improvements.
C. Proposed Resolution No. R24-195- Approve a First Amendment to the
Professional Services Agreement for Risk Management Information System
Software Services with Origami Risk LLC for a three-year renewal period, and
an annual expenditure not to exceed $95,410 per year and a total not to
exceed amount of$286,230.
D. Proposed Resolution No. R24-196- Approve a Third Amendment to the
Interlocal agreement between The City of Boynton Beach and the Boynton
Beach Community Redevelopment Agency for the improvements to the
Historic Woman's Club of Boynton Beach.
E. Proposed Resolution No. R24-197- Approving Modification No. 2 to Grant
Agreement No. H0861 between the Florida Division of Emergency
Management and the City of Boynton Beach extending the deadline six (6)
months for Watershed Master Planning activities due to new State of Florida
stormwater rule regulations.
F. Proposed Resolution No. R24-198- Interlocal Agreement between the Palm
City Commission Meeting
Boynton Beach, FL September 3, 2024
Beach County Sheriff and the City of Boynton Beach pertaining to the
Operation Stonegarden Grant Program.
G. Proposed Resolution No. R24-199- Approve an easement located within the
Hester Community Center site of 1901 N. Seacrest Blvd, Boynton Beach, FL
33435, at the request of Florida Power & Light Company.
H. Proposed Resolution No. R24-200-Approve an Amendment to the Community
Development Block Grant (CDBG) FY2020 to reprogram Planning and
Administration CDBG Coronavirus leftover funds to provide Emergency Rental
Assistance.
I. Proposed Resolution No. R24-201- Subcontract Agreement - Bicycle and
Pedestrian Focused Initiative with the Florida Department of Transportation
(FDOT) through a grant with the University of North Florida Training and
Services Institute, Inc., d/b/a Institute of Police Technology and Management
(IPTM).
J. Proposed Resolution No. R24-202- Approve the Collective Bargaining
Agreement with Boynton Beach Association of Fire Fighters Florida Local 1891
of the International Association of Fire Fighters, AFL-CIO, CLC effective
October 1, 2024 through September 30, 2027.
K. Proposed Resolution No. R24-203- Approving the terms and conditions of the
CLIO North American Terms of Service Agreement and the related Proposal
(collectively the "Agreement") between the City of Boynton Beach and Themis
Solutions, Inc. a/k/a CLIO to purchase and utilize the Contractor's products
and services for legal technology services.
L. Proposed Resolution No. R24-205- Adoption of the 2024-2029 Strategic Plan
for the City of Boynton Beach.
M. Commission Meeting Minutes.
Motion:
Commissioner Turkin moved to approve the consent agenda. Commissioner Hay
seconded the motion. The motion passed unanimously.
7. Consent Bids and Purchases over $100,000
A. Proposed Resolution No. R24-204- Approve the renewal of insurance policy
for property, liability, auto, and workers' compensation insurance coverage
with Preferred Governmental Insurance Trust (PGIT) for the policy term:
October 1, 2024, through September 30, 2025.
Motion:
City Commission Meeting
Boynton Beach, FL September 3, 2024
Vice Mayor Kelley moved to approve Consent Bids and Purchases over $100,000.
Commissioner Turkin seconded the motion. The motion passed unanimously.
8. Public Hearing - None
9. City Manager's Report- None
10. Regular Agenda
A. Proposed Ordinance No. 24-012- First Reading- An Ordinance of the City of
Boynton Beach, Florida, amending Part II, Chapter 2, "Administration," Article
II, "City Manager," Section 2-30 "Powers and Duties Generally," by creating a
new subsection "K," authorizing the City Manager to execute certain contracts
on behalf of the City; providing for codification, severability, conflicts, and an
effective date. (Tabled from August 20, 2024).
City Clerk De Jesus read the Ordinance into the record.
City Attorney Lamb mentioned that Ms. Ryan was present. She confirmed that there were
no changes.
Commissioner Turkin asked if this allows the Mayor or anyone else to bypass the bidding
process.
City Attorney Lamb clarified the procurement code, stating that no one can make changes
to City-owned property without City Commission approval. She further explained that
none of the items in question involve monetary funds and discussed the maximum
expenditure allowed without needing to go to the City Commission.
Commissioner Turkin then inquired about an emergency grant.
City Attorney Lamb mentioned that she was able to get the document signed. She
discussed the grant process and clarified that this policy determines what the Manager
can sign.
Commissioner Turkin emphasized the importance of operational efficiency, stating that
he does not mind who signs, as long as grant funding opportunities are not missed.
Mayor Penserga expressed support for e-signatures but noted that this was his first time
hearing about the emergency grant, and he had not been notified.
City Attorney Lamb stated that everything now goes through her office, streamlining the
process and improving efficiency.
City Commission Meeting
Boynton Beach, FL September 3, 2024
Mayor Penserga requested to be notified when documents requiring his signature come
through and reiterated that any renegotiated contracts must return to the City
Commission.
Commissioner Cruz mentioned that she had heard complaints about documents not
being signed but stressed that it is not fair to blame someone for not being present. She
suggested sending an email if something needs to be signed, and in the worst-case
scenario, the Vice Mayor could sign.
Commissioner Turkin reiterated the need to create a mechanism for signatures when
someone is unavailable, emphasizing that city business should not be halted and calling
for a balanced approach.
Mayor Penserga acknowledged that some documents are time-sensitive but pointed out
that others are not. He stated that agreements should be completed in advance, and
there should be clarification on who signs, but it should not be limited to when the Mayor
is unavailable.
City Attorney Lamb clarified that the discussion is not about time-sensitive documents but
rather establishing parameters on what the City Manager can and cannot sign.
Mayor Penserga agreed with the clarification.
Commissioner Hay stated that while they all signed documents, the current discussion is
unnecessary. He suggested that if the Mayor is unavailable, other members of the City
Commission should be able to sign.
Commissioner Cruz raised a concern about a biased comment made earlier. She asked
if an RFP under $50K for Harvey Oyer Park would fall within the City Manager's signing
authority. She emphasized that she was presenting facts, not opinions, and referenced
the importance of checks and balances.
Commissioner Turkin clarified that his comment was unrelated to hers.
Commissioner Hay added that if an item exceeds a monetary threshold, it must return to
the City Commission for approval.
City Attorney Lamb clarified that the procurement policy allows the City Manager to sign
off on amounts under a certain threshold.
Commissioner Hay mentioned the importance of checks and balances.
City Commission Meeting
Boynton Beach, FL September 3, 2024
Mayor Penserga commented that the only item under Human Resources is something
beyond their control.
Vice Mayor Kelley stated that there are items the City Commission do not need to review,
such as an Adopt-a-Road application. She suggested that if there are specific items they
do not want the City Manager to sign, they should highlight them. She explained that the
recommendations were for routine, everyday items that do not cost the City any money
and that the City Manager should have the authority to sign these.
Vice Mayor Kelley added that if the procurement process were to be questioned, it would
come back to the City Commission. If the procurement code needs amending, they could
address that, but these items are typical daily matters.
City Manager Dugger mentioned receiving legal advice from three separate Attorneys.
Mayor Penserga clarified his stance on his availability.
Commissioner Cruz reflected on the past 100 years and mentioned the advice of
Attorneys. She suggested that the Attorney General's opinion would be the most reliable
and that she could request one.
Commissioner Cruz expressed concerns about procurement and commented on
changing current practices.
Mayor Penserga stated that there was room for compromise.
City Attorney Lamb added that there would be separate ordinances, and certain items
would be struck from the list.
Motion:
Vice Mayor Kelley moved to approve Proposed Ordinance No. 24-012. Commissioner
Turkin seconded the motion. The motion failed 2-3, with Mayor Penserga, Commissioner
Hay and Commissioner Cruz dissenting.
Discussion continued regarding the changes they wanted to see.
Motion:
Commissioner Turkin moved to approve with striking 1-4, 6-9 and move it to a separate
ordinance and establish a pecking order for signature authority. Commissioner Hay
seconded the motion. The motion passed unanimously.
City Commission Meeting
Boynton Beach, FL September 3, 2024
B. Proposed Ordinance No. 24-017- First Reading- An Ordinance of the City
Commission for the City of Boynton Beach, Florida, amending the City of
Boynton Beach's Code of Ordinances; Chapter 15 "Offenses- Miscellaneous*,"
Article IX "Community Appearance and Maintenance," Section 15-120
"Minimum Standards for Appearance and Maintenance of Public Property and
Private Property;" providing for conflicts, severability, codification; and providing
for an effective date.
City Clerk De Jesus read the Ordinance into the record.
Candice Stone, Community Standards Director, presented the purpose of the ordinance
amendment and provided updates on key highlights.
Commissioner Hay asked about roofs.
Ms. Stone explained how they measure roof discoloration.
Commissioner Turkin spoke about the intent behind the ordinance and expressed
disagreement with the proposed changes to grass height, preferring to keep it as it
currently is. He agreed that measuring roof discoloration can be challenging.
Ms. Stone mentioned that many complaints they receive relate to abandoned properties,
and some of the concerns included in the ordinance stem from those complaints.
Commissioner Turkin reiterated his preference for maintaining the grass height limit at 8
inches.
City Attorney Lamb suggested a compromise, proposing that the grass height should not
exceed 6 inches within two weeks.
Commissioner Turkin agreed with this suggestion.
Commissioner Hay inquired about carport storage regulations.
Ms. Stone explained that they typically issue citations when people have excessive junk
in a carport and park their cars outside of it.
Motion:
Vice Mayor Kelley moved to approve Proposed Ordinance No. 24-017. Commissioner
Turkin seconded the motion. The motion passed unanimously.
C. Proposed Ordinance No. 24-018- First Reading - An Ordinance of the City
Commission of the City of Boynton Beach, Florida; Amending Chapter 18,
Article IV, Pensions for Firefighters, Section 18-185 "Normal Retirement Date,"
City Commission Meeting
Boynton Beach, FL September 3, 2024
of the City Code to Permit Normal Retirement at Twenty Years of Service by
Removing the Second Tier Adopted in 2019.
City Clerk De Jesus read the Ordinance into the record.
Chief Bruder discussed the importance of achieving revenue neutrality and reinstating
the 20-year retirement plan.
Commissioner Cruz expressed her appreciation for making the plan both revenue neutral
and fiscally responsible.
Commissioner Turkin disclosed that he had a conversation with Firefighter Georgio
Salame.
Motion:
Vice Mayor Kelley moved to approve Proposed Ordinance No. 24-018. Commissioner
Turkin seconded the motion. The motion passed unanimously.
D. Proposed Ordinance No. 24-019- First Reading -Amending Part II of the Code
of Ordinances, Chapter 26, "Water, Sewer, and City Utilities" to provide that all
water, sewer, and City Utility fees, rates, and charges shall be set by the City
Commission by resolution and authorizing an annual CPI adjustment,
providing for conflicts, severability , codification, and an effective date.
City Clerk De Jesus read the Ordinance into the record.
Dr. Kalkat introduced the ordinance and explained that they are proposing to change it
from an ordinance to a resolution, as it would be easier to make adjustments in the future.
She mentioned the annual CPI rate and the process of returning to the City Commission
for approval.
Mayor Penserga commented that there is no need to argue about rates increasing with
the CPI.
Commissioner Cruz clarified that the change involves approving the matter by Resolution
rather than Ordinance.
Motion:
Vice Mayor Kelley moved to approve Proposed Ordinance No. 24-019. Commissioner
Hay seconded the motion. The motion passed 4-1, with Commissioner Cruz dissenting.
E. Discussion regarding formalized Tree Planting Program.
City Commission Meeting
Boynton Beach, FL September 3, 2024
Alanna Irwin, Sustainability and Resiliency Administrator, provided updates on the following
topics: background of the tree program; adoption of the program; holding four annual tree
giveaways; planting trees in communities; and differences between the state assessment
and local efforts. She also mentioned partnering with other organizations and adopting a
more targeted approach.
Mayor Penserga inquired about the program's goals and the number of trees planted so
far. Ms. Irwin explained that the goal was 3,000 trees per year, and mentioned a goal of
3,600 since 2020, noting that they were currently below expectations in certain areas.
Mayor Penserga commented on the significant impact trees have on neighborhoods and
communities, emphasizing their many benefits. He thanked Ms. Irwin for her efforts.
Commissioner Cruz also thanked her and asked if there were any ideas for increasing
community involvement, to enhance the program's numbers.
Ms. Irwin responded that by explaining past initiatives and exploring what could be done in
the future to meet the goals.
F. Discussion regarding youth student attendance at a National League of Cities
Conference, sponsored by the City.
Candace Walls, Chief of Staff, discussed her efforts to connect with the National League of
Cities (NLC)to gather information for youth programs. She mentioned a robust program in
another City and highlighted the essay contest and activities for students. She estimated
that the cost per attendee would be approximately $1,700, including the need for
chaperones.
Commissioner Hay expressed that it has been a priority of his to see local youth
participating in the NLC conference alongside other municipalities. He emphasized that it
is an excellent opportunity for the City to invest in its youth and requested that the topic be
revisited.
Mayor Penserga voiced his support for the initiative.
Ms. Walls reiterated that the estimated cost per person is $1,700 and mentioned available
scholarship opportunities.
Vice Mayor Kelley shared that she spoke with a municipality that runs a similar program
and had the chance to interact with the students, noting the benefits of such programs.
Commissioner Cruz commended Commissioner Hay for his focus on youth and inquired
whether there should be an application process.
Commissioner Hay agreed, stating that a screening process would likely be necessary.
City Commission Meeting
Boynton Beach, FL September 3, 2024
Commissioner Cruz also suggested that the program be limited to local students.
G. Update on ARPA Funds.
Peter Kajokas, Financial Services, spoke about the ARPA funds as follows: state and local
fiscal recovery funds- ARPA; ARPA funds reporting deadline; ARPA fund update as of 2nd
quarter 2024; ARPA funds reconciliation as of 6/30/2024; and questions.
H. Update on funds from the settlement with Town Square.
Mr. Kajokas discussed the funds received from a settlement and explained where they had
been deposited.
Mayor Penserga asked if the funds had been spent or if they were still available.
City Attorney Lamb clarified that all the litigation funds had been fully spent. She mentioned
that they are still in the early stages of litigation, and additional fees would need to come
from her budget, which was not originally planned for. She recommended finding a more
economical option moving forward.
City Manager Dugger added that other funds had not yet been spent and were awaiting a
decision from the City Commission.
I. Discussion regarding infrastructure, specifically paving in the City.
Kevin Ramsey, Public Works Director, spoke about the following: planning tool-arcgis-15-
year road restoration platform; road resurfacing and neighborhood project priorities (no
utility conflicts); and road resurfacing and neighborhood project priorities (with utility
conflicts). He also addressed an email received from a resident.
Commissioner Hay asked if the proposed changes would negatively affect scheduling
south of MLK.
Deputy City Manager Mack explained that the current discussion was part of their "wish
list" and that the items in question were already scheduled to happen.
Commissioner Turkin thanked Mr. Mack for the update and suggested that ARPA
(American Rescue Plan Act) funds should be used for road paving.
City Manager Dugger discussed the use of revenue funds, emphasizing that they must be
spent within a certain timeframe. He also talked about maintaining a healthy fund balance
and identifying which funds could be used for specific projects.
Commissioner Hay requested clarification on the ARPA funds.
City Manager Dugger provided further explanation of the restrictions associated with ARPA
City Commission Meeting
Boynton Beach, FL September 3, 2024
funds and the process of identifying eligible revenue funds.
Commissioner Cruz shared that she had received numerous complaints from residents
who felt that not enough was being done. She specifically asked for information on what
was approved in 2023, particularly for Golfview Harbor.
Mr. Ramsey outlined what had been approved and the necessary changes that followed.
He noted that the utility project for Golfview Harbor is expected to take place in 2024-2025.
Commissioner Cruz reiterated that ARPA funds had been allocated to Golfview Harbor in
2023 and requested confirmation.
Mr. Ramsey confirmed that no funds remained.
Mr. Mack discussed the potential reallocation of ARPA funds.
Vice Mayor Kelley expressed agreement with Commissioner Cruz, stating that there was
no reason not to support the project again.
11. Future Agenda Items
A. Discussion and review of draft cleanliness plan.- September 23, 2024
B. Discussion regarding adding a Sister City from Ireland. - October 1, 2024
C. Update on upgrades to water treatment plants to meet future drinking water
regulations.- October 15, 2024
D. Discussion regarding Artificial Turf Ordinance.- October 15, 2024
E. Discussion regarding Procurement Policies and Procedures, including local
business preference. - December 3, 2024
F. Discussion regarding additional digital signs. - January 21, 2025
G. Discussion regarding City entry way signage. - January 21, 2025
H. Discussion regarding combining City properties together to create senior
affordable housing . - Pending meeting with Mayor Penserga
I. Discussion regarding Rapid Re-housing Program.- Pending meeting with Mayor
Penserga
J. Discussion regarding Amendments to the Code of Ordinances regarding flooding
in the community.- Pending meeting with Commissioner Cruz
K. Discussion regarding Hazard Pay for Community Standards.- Pending meeting
with Commissioner Cruz
L. Discussion regarding requirements for Advisory Board Appointments.- Pending
meeting with Vice Mayor Kelley
City Commission Meeting
Boynton Beach, FL September 3, 2024
12. Adjournment
Motion:
Commissioner Turkin moved to adjourn the meeting. Vice Mayor Kelley seconded the
motion. The motion passed unanimously.
There being no further business to discuss, the meeting was adjourned at 10:58 P.M.
CITY OF BOYNTON BEACH
ATT- .
, 1, , s I) ,..
Maylee me J- .0S, MPA, M
=�pY NTOA: %%1
i 0pGRPO0�tie 1%
11.-1 ' _'
U
f ;INCORPORATED•'
1920 1 s
it, •e........••
`‘‘ FLORID
P
‘
J.
A.
;3Tx Diff 3
R•^