Minutes 12-03-24 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, December 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 Woodrow Hay
The Pledge of Allegiance was led by Commissioner Hay.
Agenda Approval:
1. Additions, Deletions, Corrections
Mayor Penserga requested a discussion on the Andrews House.
Commissioner Turkin proposed implementing a hard impact fee to fund historic
preservation projects, which received consensus for addition. He also requested an
update on the beautification committee or board and noted unallocated funds for a Senior
Advisory Board prom. He suggested adding Dewey Park tree lighting as a future agenda
item.
Commissioner Hay added Community Support Funds for $500 to Friends of the Family
for the Holiday Dinner Baskets program.
City Commission Meeting
Boynton Beach, FL December 3, 2024
Commissioner Cruz requested that the $10,000 allocated for the Senior Board is utilized
correctly.
2. Adoption
Motion:
Commissioner Turkin moved to approve the agenda, as amended. Commissioner Hay
seconded the motion. The motion passed unanimously.
2. Other
A. Informational items by the Members of the City Commission
Commissioner Cruz disclosed that she received multiple emails regarding the Andrews
House.
Commissioner Hay disclosed that he also received calls and emails about the Andrews
House.
Commissioner Turkin disclosed that he also received calls and emails about the Andrews
House.
Mayor Penserga disclosed that he also received calls and emails about the Andrews
House.
3. Announcements, Community and Special Events and Presentations
A. Proclamation for December 2024 as Impaired Driving Awareness Month.
Mayor Penserga read the proclamation into the record.
Keri Gayle, Palm Beach County Victim Services, spoke about the Impaired Driving
Awareness Month event that will be happening at the amphitheater.
Sgt. Munro spoke about the event and thanked the Mayor and Commission for allowing
them to have this each year.
B. Announcement- Vegetation Amnesty Week from December 9th to December
13th for residents.
Mayor Penserga announced this event.
C. Announcement- Pearl Harbor Remembrance Day Ceremony.
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Mayor Penserga announced the event.
4. Public Comments on Consent Agenda Items
Public Comments on Consent Agenda Items: Any citizen may be heard concerning
any matter on the Consent Agenda. 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).
David Katz congratulated Commissioner Cruz on running unopposed and spoke about
the upcoming elections and candidates.
David Merker also congratulated Commissioner Cruz and mentioned his candidacy in the
election.
Oletha Bloom thanked the City for approving the Adult Daycare and said that they just
celebrated its grand opening, highlighting the services provided.
Ginger Peterson, speaking on behalf of the group present, advocated for saving the
Andrews House, emphasizing its historic value and construction with Dade County Pine
wood.
Phil Toronto discussed finding a new venue for his project, allegations of corruption, and
his intention to sue the City.
Tom Warnke requested a resolution to save and move the Andrews House, emphasizing
its historical importance.
Mike Fitzpatrick shared historical information about the Build Playground.
Dominick Vargas called for an investigation into a DUI event incident, citing a breach of
trust.
Charles Hunt reiterated concerns about code violations and fines, alleging
disproportionate impact on Black Americans and seeking Commission assistance.
Cindy Falco De Corrado addressed FPL light outages, historical preservation, and
aesthetic concerns around Seacrest.
Steve Antoine emphasized preserving the City's history, including the Andrews House, to
inspire pride in local heritage.
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Susan Oyer urged saving and relocating the Andrews House, advocating for a Historic
Preservation Officer and a central historical destination.
Mark Karageorge supported moving and preserving the Andrews House.
Barbara Ready called for designating the Andrews House as a protected historical site
and requested Commission/CRA assistance.
Jim Ciszik thanked the Commission for Veteran support, inquired about after-hours
parking, and encouraged cooperative funding for senior activities.
Courtland McQuire wished everyone Happy Holidays, supported saving the Andrews
House, questioned project transparency, and addressed personal remarks from David
Katz.
Sandra Watson highlighted the Boynton Beach Women's Club's upcoming centennial and
the Senior Advisory Board's funding issues for planned events.
Victor Martell expressed support for preserving the Andrews House.
Randall Gill, former Boynton Beach Historical Society President, stressed the importance
of saving the Andrews House and honoring local historical figures like Dr. Weems.
Flynn Holland discussed the need for bulk amnesty and advocated for saving the
Andrews House and supporting small businesses.
Mary Law emphasized preserving the Andrews House and its historical significance.
Ann Remler, Boynton Beach Historic Society President, urged moving the Andrews
House to ensure its preservation.
Virtual Comments:
Luann More attempted to address comments from the November 19, 2024 City
Commission Meeting, but was experiencing audio issues.
Mayor Penserga closed public comments.
5. Administrative
A. Advisory Board Appointments.
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Motion:
Commissioner Turkin moved to approve Michael Corbett for the Affordable Housing
Advisory Committee. Commissioner Hay seconded the motion. The motion passed
unanimously.
Motion:
Commissioner Hay moved to approve Kerry Linton for the Affordable Housing Advisory
Committee. Vice Mayor Kelley seconded the motion. The motion passed unanimously.
Motion:
Mayor Penserga moved to approve Christopher Plummer as a Citizen who is actively
engaged as a not-for-profit provider of affordable housing, for the Affordable Housing
Advisory Committee. Vice Mayor Kelley seconded the motion. The motion passed
unanimously.
A. Community Support Funds
Motion:
Commissioner Hay moved to approve $500 from his Community Support funds for Dinner
Basket. Vice Mayor Kelley seconded the motion. The motion passed unanimously.
6. Consent Agenda
A. Proposed Resolution No. R24-305- Approve the Second Lease Extension
Agreement between the City of Boynton Beach and Boynton Beach
Community Redevelopment Agency, extending the current lease for twelve
(12)additional months for the use of property located at 511 E. Ocean Avenue,
Boynton Beach, FL 33435.
B. Proposed Resolution No. R24-306- Approve the renewal of insurance policy
for flood insurance coverage with Wright Flood for the policy with an effective
dates of December 9, 2024.
C. Proposed Resolution No. R24-307- Authorize the Mayor to complete the
America Is All In All-of-Society Letter sign on statement form to reaffirm
commitment to climate action and resilience.
D. Proposed Resolution No. R24-308- Approve Boynton Beach Fire Rescue to
donate vehicle number 8706, 2007 Wells Cargo Trailer valued at $3,000 to
Boynton Beach Fire Firefighters Benevolent Association.
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E. Proposed Resolution No. R24-309- Approve a change order/increase for PO
241274 - 2GHO, Inc., Landscape Architects, in the amount of $25,404 for a
new total amount of $60,214, due to Additional Professional Landscape
Architectural and Engineering Services for the Sara Sims Memorial Park
Expansion project.
F. Proposed Resolution No. R24-310- FY2024-25 Budget Amendment modifying
various Funds to address FY2023-24 Purchase Orders (Encumbrances).
G. 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. R24-311- Approve the purchase of vehicles and
equipment by utilizing the rates of the Florida Sheriff's Association Contract
FSA24-VEL32.0, the Florida Sheriff's Association Contract FSA23-EQU21.0,
the Florida Sheriff's Association Contract FSA23- VEH21.1, the Sourcewell
Contract 091521-NAF, the Sourcewell Contract 032824-NAF, the City of
Tallahassee Contract 5179-MY25, and the State Contract- 25100000-23-STC,
for an estimated total amount of $4,736,000, plus a contingency of twenty-two
percent (22%) $1,041,921 for increases should the vehicles and/or equipment
no longer be available and new models be delivered.
B. Proposed Resolution No. R24-312- Award of Invitation for Bid No. WH24-079
for the Annual Supply of Aftermarket Automotive Parts, Accessories, and
Supplies to the Parts House, Vehicle Maintenance Program, and Advance
Stores Company, Inc. with an annual expenditure not to exceed $200,000 for
each vendor per year.
C. Proposed Resolution No. R24-313- Authorize the purchase of Avigilon
Security Cameras for City Hall, Fire Stations 3, and Sara Sims Park camera
replacement projects, and increase the annual expenditure for the City's
piggyback agreement with Broadcast Systems, Inc. for Information
Technology Related Services utilized by Police and ITS, by increasing the
annual not to exceed amount to $750,000.
Motion:
Vice Mayor Kelley moved to approve the remainder of Consent Bids and Purchases over
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$100,000. Commissioner Hay seconded the motion. The motion passed unanimously.
D. Proposed Resolution No. R24-314-Approve the purchase for the replacement
of Pool Heaters at Denson Pool, related to the project Denson Pool Heater
Replacement, with Symbiotic Service Corp., which is scheduled in the FY2025
proposed and adopted Fund 303 CIP plan, for a budgeted amount of
$100,000.
Commissioner Turkin pulled Item 7D, for discussion.
Kevin Ramsey, Interim Public Works Director, stated that the pool heater is scheduled for
replacement.
Commissioner Turkin inquired if fees are currently being charged at the pool.
Fabien Desrouleaux, Director of Parks and Recreation, clarified that while some fee
adjustments were addressed in a previous Commission Meeting, they were unrelated to
the current matter. He noted that the current fees are $1.00 for residents and $4.00 for
non-residents.
Commissioner Turkin requested adding a senior fee discussion to a future agenda.
Vice Mayor Kelley thanked Mr. Desrouleaux for promptly addressing resident concerns
about swimming options and reimbursing residents for using a nearby pool.
Motion:
Commissioner Turkin moved to approve Resolution No. R24-314. Commissioner Hay
seconded the motion. The motion passed unanimously.
8. Public Hearing - None
9. City Manager's Report- None
10. Regular Agenda
A. Discussion on the palette color chart to choose for the project Ocean Avenue
Streetlight Improvements.
Jose Murray, Public Works Project Manager, reviewed the project as follows: project
overview/scope; site location/aerial; Ocean Avenue current streetlight color; Pole Color
Selection, Factors to consider, Teal/Turquoise and Black; and conclusion of survey.
Mayor Penserga left the dais at approximately 7:20 P.M and returned at approximately
7:24 P.M.
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Commissioner Turkin stated that the survey results showed 84% of respondents
preferred the color teal.
Commissioner Hay mentioned that this project has been a topic of discussion for years
and that teal adds a unique character to the City. He suggested repainting the current
black poles teal and expressed satisfaction that the public's preference was heard, noting
that teal would enhance the City's beauty.
Vice Mayor Kelley agreed with the consensus for teal.
Deputy City Manager Andrew Mack stated that the survey displayed the original color
options for reference.
Commissioner Hay requested that when the roundabout poles are repainted in the future,
they be returned to teal.
Commissioner Cruz supported the choice of teal, emphasizing its cultural significance.
She thanked staff for organizing the survey.
B. Discussion on the palette color chart to choose for the project Ocean Avenue
Streetlight Improvements.
City Attorney Lamb reviewed the residency requirements as follows: Article 1, Section 3;
what is the role of the City Clerk in Verifying Forms?; Challenge; Residency
Requirements; City of WPB Residency Requirements; City of Boca Raton Requirements;
and City of Doral Requirements.
Commissioner Turkin spoke about the need to tighten residency requirements and verify
that individuals serving on the Commission live in the City. He highlighted a potential
vulnerability in the code that could allow individuals living outside the City to hold a seat
on the Commission.
Mayor Penserga stated that he is not in favor of making changes at this time, but is open
to further discussion.
Commissioner Hay expressed opposition to making changes during the current election
cycle and to the two-year residency requirement. He emphasized the importance of
Commissioners remaining in the districts they serve, while ensuring the process does not
become overly restrictive. He noted that this issue is worth examining further.
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City Attorney Lamb clarified that any changes made would not apply to current
candidates.
Commissioner Hay reiterated the importance of Commissioners staying in their
respective districts throughout their terms.
Mayor Penserga raised concerns about potential loopholes and accusations related to
residency.
City Attorney Lamb confirmed that the ordinance under discussion pertains only to
residency requirements.
Vice Mayor Kelley supported the two-year residency requirement, noting that it would
prevent individuals from using the City as a steppingstone for political ambitions. She
suggested reviewing Doral's language regarding maintaining residency within the City.
Commissioner Cruz supported reviewing residency requirements, emphasizing that
representatives should live in the City. She shared her personal experience of living in
District 3 before moving to District 1. However, she added that the rules should not
prevent individuals from purchasing homes in different districts.
City Attorney Lamb suggested drafting language that ensures individuals remain in the
City.
Commissioner Cruz recalled a situation where someone sold their home but rented within
the same district, emphasizing the importance of maintaining residency.
City Attorney Lamb agreed to provide information from other cities.
City Attorney Lamb also asked the Commission if they wanted to schedule a Shade
Meeting regarding the Little League Agreement, proposing December 17 as a potential
date.
Vice Mayor Kelley stated that she would be unable to attend on that date, due to a
scheduling conflict.
Commissioner Cruz suggested individual conversations with the City Attorney to receive
updates.
City Attorney Lamb confirmed that individual meetings could be arranged if needed.
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Commissioner Turkin requested additional information regarding the bond for election
signs.
City Attorney Lamb stated that no other city has addressed this bond.
Mayor Penserga confirmed the Shade Meeting, and there was consensus.
Mayor Penserga requested staff to explore locations for moving the Andrew House.
Commissioner Turkin mentioned measuring the property and believed there was space
to move it to the Magnuson House. He supported staff exploring the logistics and funding
for the move.
Mayor Penserga stated that CRA involvement would depend on eligibility criteria and
suggested exploring funding sources.
Commissioner Hay supported moving the Andrew House.
Vice Mayor Kelley agreed and emphasized the need to preserve the structure after
relocation. She highlighted the importance of exploring thorough options, including the
Magnuson House concept.
Commissioner Cruz supported preserving the Andrew House and suggested its potential
use as a museum. She expressed optimism about finding a solution with collective effort.
Mayor Penserga appreciated the ideas shared by residents and requested a timeline for
obtaining quotes.
Deputy City Manager Mack estimated that quotes could be gathered by the end of
January, noting that completing the work would take longer.
Commissioner Turkin emphasized the significance of costs and suggested developing a
funding mechanism to expedite the project.
Vice Mayor Kelley recommended staff evaluate available options, including modifications
to the art impact fee.
Commissioner Cruz acknowledged the urgency of the matter and supported swift action.
City Attorney Lamb suggested including Amanda Radigan in the discussions.
11. Future Agenda Items
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A. Discussion regarding an update on the Tennis Court improvements. -
December 17, 2024
B. Draft review of Procurement Policies and Procedures, including local business
preference. - February 18, 2025
C. Discussion regarding Rapid Re-housing Program - Pending meeting with
Mayor Penserga
D. Discussion regarding combining City properties together to create senior
affordable housing . - Pending meeting with Mayor Penserga
E. Discussion regarding Amendments to the Code of Ordinances regarding
flooding in the community.- Pending meeting with Commissioner Cruz
F. Discussion regarding Hazard Pay for Community Standards.- Pending
meeting with Commissioner Cruz
G. Discussion regarding requirements for Advisory Board Appointments.-
Pending meeting with Vice Mayor Kelley
H. Discussion regarding how to attract more affordable housing within the City.-
TBD
12. Adjournment
Mayor Penserga requested an update on EcoPark. There was consensus.
Motion:
Commissioner Hay moved to adjourn the meeting. Commissioner Cruz seconded the
motion. The motion passed unanimously.
There being no further business to discuss, the meeting was adjourned at 8:07 P.M.
CITY OF BOYNTON BEACH
ATT
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ANY 6 k
Maylee Dt Je. s, MPA, MI55
City Clerk
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