Minutes 07-19-22 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, July 19, 2022, at 6:00 P.M.
Present:
Mayor Ty Penserga James Stables, Interim City Manager
Vice Mayor Angela Cruz Kathryn Matos, Asst. City Manager
Commissioner Woodrow L. Hay Andrew Mack, Asst. City Manager
Commissioner Thomas Turkin Mike Cirullo, City Attorney
Commissioner Aimee Kelley Maylee De Jesus, City Clerk
1. Agenda Items
A. Call to Order - Mayor Ty Penserga
Mayor Penserga called the meeting to order at 6:03 P.M.
Roll Call
City Clerk Maylee De Jesus called the roll. A quorum was present.
Invocation by Rabbi Michael Simon, Temple Beth Kodesh
Invocation was given by Rabbi Michael Simon.
Pledge of Allegiance to the Flag led by Commissioner Woodrow Hay.
Commissioner Hay led the Pledge of Allegiance to the Flag.
Agenda Approval:
1. Additions, Deletions, Corrections
Mayor Penserga stated that he would like to add the following: a possible additional
homestead for low income seniors for the Future Agenda; add under Unfinished
Business, 10B, next steps of the City Managers Process.; under New Business, a
preliminary ordinance on helping renters; and as item 11E, an announcement for closed
door session for litigation issues.
Vice Mayor Cruz removed item 10A from the agenda.
Commissioner Kelley asked to have an update regarding the Advisory Board Member
attendance, under Future Agenda. She stated that she wants to discuss Advisory Boards
submitting an annual report to the Commission as well.
Commissioner Hay asked for an update on the SJ Case as soon as possible.
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Interim City Manager Stables stated that it is still pending investigation and is not ready.
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 Hay stated that he had no disclosures, and announced that on June 16,
2022, he helped out with Feeding South Florida. He stated that on June 18, 2022, he
attended the Economic Development Public Input Meeting. He said that he was on a
zoom session with the Neuro Behavior Hospital, and they will be having a grand opening,
here in Boynton, at the end of August, and he would like for the Commission to be involved
in this.
Vice Mayor Cruz stated that she had no disclosures.
Mayor Penserga stated that he had no disclosures.
Commissioner Turkin stated that he had no disclosures.
Commissioner Kelley stated that she had no disclosures.
Commissioner Turkin shared concerns regarding staff as follows: delay in getting an
answer regarding being allowed to continue receiving funds during his runoff election; a
delay in information on shots that were fired in front of his house; speeders in the
community, and staff says they are working on it, but he has to be the one to follow up;
being provided an older budget prior to the budget hearings instead of the up-to-date one.
road repair issues in Chapel Hill; My Civics App information was inaccurate for the last 3
months; and funds for items that should be prioritized for the community being used
towards other items such as firetrucks. He stated that he is requesting help from the
Commission to hold staff accountable.
Vice Mayor Cruz stated that during the budget hearings she was concerned that there
were no park funds in the budget.
Commissioner Hay stated that he has been asking for a lot of things for years from staff
as well, but he wants the rest of the Commission to understand that they are not always
going to get what they want, and they might have to start calling out names. He
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commented that it is a two-way street, we need to support staff and they need to support
the Commission, even if it takes a workshop with staff to make it happen.
Commissioner Turkin agreed.
3. Announcements, Community and Special Events and Presentations
A. Recognition of Intentions Enterprise as a new Inclusion Works Business
Partner by Stephanie Soplop and Ted Goodenough.
Mayor Penserga read the recognition into the record and introduced Stephanie
Soplop, ADA (Title II) Coordinator, and Ted Goodenough, ADA Coordinator
Assistant.
Ms. Soplop explained what Inclusion Works is, and stated that they have recently
made the application easier for businesses to apply.
Mr. Goodenough introduced himself and his guide dog. He further explained Inclusion
Works and introduced Christine Roberts from Intention Enterprises.
Christine Roberts Kelly introduced herself and her company. She thanked staff and
her husband for their support, as she builds her business.
B. Recognize July 26, 2022 as the 32nd Anniversary of the Americans with
Disabilities Act (ADA). The proclamation will be accepted by Stephanie
Soplop, ADA Title II Coordinator, Ted Goodenough, ADA Coordinator
Assistant, and members of the City's Inclusion Support Team.
Mayor Penserga read the proclamation into the record. Ms. Soplop and Mr. Goodenough
accepted the proclamation.
Ms. Soplop explained the history of the ADA and her staff that is part of the inclusion support
team. She talked about the staff training that her staff receives.
Mr. Goodenough stated that he also does training and on Tuesdays or Wednesdays, he
sends out emails to all of City staff regarding knowledge about inclusion. He stated that he
will be going to the camps this week to show the kids braille and what a guide dog can do.
Ms. Soplop stated that they have a donation box in the City Hall lobby for aZul Fashion, Art
& Design, which is a program for adults with intellectual and development disabilities, and
she introduced Beth Wagmeister, Business Outreach Specialist.
Ms. Wagmeister introduced herself and thanked the City for their commitment to the ADA,
and said that we are the only City that is this inclusive.
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Mayor Penserga recognized staff that were instrumental in pioneering ADA in the City. He
spoke about Future 6, a nonprofit organization that brings therapy to kids on the spectrum,
through surfing.
Vice Mayor Cruz volunteered for the cleanup in parks.
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)
Mike Fitzgerald spoke about inaccuracies regarding the public notice for the Community
Development Block Grant (CBDG), and said that this should not be on the consent
agenda.
Cindy Falco Di-Corrado spoke about Roe vs Wade being overturned and that we should
have a day set aside to recognize it. She requested that September be Heterosexual
Month and showed an American flag on her phone that could be the flag as a symbol. She
said that it is against the Sunshine Law for emails to go to former Commissioners. She
talked about drug deals going on in her community, and stated that she wants a park in
Forest Park.
Rick Nocar spoke about a motocross park that he could build on a piece of property that
is owned by the County. He talked about speeders and being in an accident 2 weeks ago
and how bushes obstruct people from seeing other vehicles and people.
John Dane addressed concerns regarding Snug Harbor residents coming to a meeting a
few months ago and they were given more time to speak than residents from District two.
He spoke about the SJ Case.
Shannon Thompson, mother of Stanley Dale Davis III, spoke about the SJ case, and she
asked for answers about the case. She stated that the City settles lawsuits instead of
digging into the root cause of the problems.
Bryce Graham spoke about the SJ case and asked for answers and an update about the
case.
Bishop Bernard Wright piggybacked on what everyone said regarding the SJ Case and
asked for an answer on their concerns early in the meeting, and he spoke about disparity.
Wesley Schuler spoke about Florida Statute 112.532 relating to the Police Officer and the
investigation passing 180 days, and stated that they want an update tonight on the SJ
Case.
Ernest Mignoli spoke about the SJ Case, and said that it keeps him awake at night and
that the City is in big trouble.
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Virtual Comments:
Ramona Young spoke about speeding on Federal Highway and loud car noises.
Michael Brunson spoke about the quality of life issues, walking down sidewalks and being
unable to go down certain streets with a wheelchair due to overgrown vegetation.
Lawrence Pierce spoke about the SJ Case, and said that the family deserves an answer
tonight.
5. Administrative
A. Appoint eligible members of the community to serve in vacant positions on
City Advisory Boards.
Mayor Penserga read the available positions on the different advisory boards.
Motion:
Vice Mayor Cruz moved to appoint Nicole Pardo to the Education and Youth Advisory
Board. Commissioner Hay seconded the motion. The motion passed unanimously.
B. Ratify the selection of Dr. Valerie Valcourt as the Chair and Lori Wilkinson
as the Vice Chair of the Education & Youth Advisory Board.
Motion:
Commissioner Kelley moved to select Dr. Valerie Valcourt as Chair of the Education and
Youth Advisory Board. Commissioner Hay seconded the motion. The motion passed
unanimously.
6. Consent Agenda
A. Accept the written report to the Commission for purchases over $10,000 for
the month of June 2022.
B. Approve the one-year extension for RFPs/Bids and/ or piggy-backs for the
procurement of services and/or commodities under $100,000 as described
in the written report for July 19, 2022 -"Request for Extensions and/or
Piggybacks."
C. Proposed Resolution No. R22-099 - Approve First Substantial Amendment
to the CDBG Annual Action Plan Fiscal Year (FY) 2021, to reallocate leftover
funds from FY 2015, 2016, 2017, 2018, 2019, and 2020, to fund a public
improvement activity.
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D. Proposed Resolution No. R22-100- Adopt the City of Boynton Beach's
Community Development Block Grant (CDBG) Five-Year Consolidated Plan
for FY2022-2026 and the First Year Annual Action Plan for FY2022 and
authorizing the Interim City Manager's execution of the required HUD forms
and certifications.
E. Proposed Resolution No. R22-101 - Approve Third Amendment to
Community Development Block Grant (CDBG) Citizen Participation Plan, to
modify Consolidated Plan amendment section, to adjust threshold for
invoking substantial program amendment, changes required per federal
regulations at 24 CFR Part 91.220, regarding changes to the Annual Action
Plan.
F. Legal Expenses - May, 2022 - Information at the request of the City
Commission. No action required.
G. Approve the piggybacking of the NASPO Contract number 43230000-
NASPO-16-ACS-SVAR, which satisfies the City of Boynton purchasing
policy and issue a purchase order for the software subscription renewal
purchase of Qualys advanced threat detection and patch management
software for the annual cost of $48,330.00
H. Approve minutes from the June 25, 2022 City Commission Workshop
Meeting, and the July 5, 2022 City Commission Meeting.
Commissioner Turkin pulled items 6c through 6e from the consent agenda and 7a
and 7b.
Motion:
Commissioner Kelley moved to approve the consent agenda. Commissioner Turkin
seconded the motion. The motion passed unanimously.
6C: Proposed Resolution No. R22-099 - Approve First Substantial Amendment to
the CDBG Annual Action Plan Fiscal Year (FY) 2021 , to reallocate leftover
funds from FY 2015, 2016, 2017, 2018, 2019, and 2020, to fund a public
improvement activity.
Mara Frederiksen, Director of Financial Services, explained the CBDG Funds and where
they have been allocated. She stated that they are asking for the amendment to
repurpose the funds to purchase a firetruck.
RJ Ramirez, Community Improvement Manager, reiterated what Ms. Frederiksen stated,
and said that they are working with a deadline from Housing and Urban Development
(HUD) by August 2nd
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There was discussion regarding what activities the funds can be used for.
Commissioner Turkin stated that they do not know what they can use this money on, and
it is in front of them 2 weeks before the deadline, and asked where was the ball dropped.
Mr. Ramirez explained that using the funds for the firetruck is their recommendation, after
speaking to different departments, but if not, they can work with HUD on an expenditure
fund, which has to be done by August 16. He commented on what they have used the
funds for in the past.
Mayor Penserga thanked Mr. Ramirez for his hard work. He asked about the expenditure
plan.
Mr. Ramirez explained that HUD will give them guidance and he has to explain what the
projects are that the funds will be expended on.
Mayor Penserga asked why we have left over funds since the need of the community is
great, and what we have spent it on.
Mr. Ramirez explained the timeline for allocation that is given by HUD and what you can
spend it on.
Commissioner Hay asked about the Fire Assessment Fee, and if it could be used for other
things besides redevelopment.
Ms. Frederiksen explained what the CBDG funds can be used for, and stated that it
cannot be used to directly offset the Fire Assessment Fee.
Mr. Ramirez further explained what the funds could be used for.
There was discussion regarding the following: why they are requesting the funds for a
firetruck instead of other priorities; purchasing land to build properties; emergency rental
assistance; assistance for down payments with the State Housing Initiatives Partnership
Program (SHIPP); and using the money to help low income disabled Veterans.
Commissioner Turkin stated that he would like a review with this ahead of time instead of
at the meetings. He said that he will not be recommending to purchase a firetruck with
these funds. He asked if solar panels are already budgeted or if they are just a
recommendation.
Mr. Ramirez stated that it was an activity that was being recommended by one of the staff
members. He explained the homeownership assistance activities that the funds can be
used for.
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Commissioner Kelley stated that we need to do better, because the community needs the
money instead of us sitting on funds. She asked about the deadline, if we can get an
extension and if there is a penalty.
Chris Plummer, CBDG Consultant, stated that the deadline is solid and explained what
will happen if they do not use the funds.
Gary Causey, CBDG Consultant, joined virtually and explained the statutory requirement
and deadline, and said that there are no exceptions. He recommended submitting it to
get it in by the deadline and then amending it at a later time.
Commissioner Hay stated that it is hard to believe that so many years later and they are
just finding out about these leftover funds. He stated that he will not be voting for the
firetruck, and named other priorities in the City that he would like to see the funds go
towards.
There was further discussion regarding the following: the amendment and the
consolidated plan, and their deadlines; and the considerations of other activities for the
uses of the funds.
Mayor Penserga stated that he does not want to see an agenda item come before them
with such a short deadline. He said that there's consensus to not use the funds on a
firetruck and asked for options to be brought back to the next meeting.
Ms. Frederiksen stated that due to publishing deadlines, we might not make the next
meeting, but to the following meeting.
Motion:
Commissioner Turkin moved to table this item until August 16th meeting. Commissioner
Hay seconded the motion. The motion passed unanimously.
Vice Mayor Cruz asked why none of these entitlement grants were discussed in the
budget meetings. She said that we are one team and we should work together and be
more transparent. She asked for a report on entitlement grants, so that they can be
proactive, not reactive.
Ms. Frederiksen stated that they are not budgeted funds, which is why they are not part
of the budget, and she further explained why they are not included.
Vice Mayor Cruz stated that she would like to see this discussed in the budget hearings
moving forward.
Commissioner Kelley suggested an annual update sooner in the summer so that they are
not so close to the deadline.
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6D: Proposed Resolution No. R22-100- Adopt the City of Boynton Beach's Community
Development Block Grant (CDBG) Five-Year Consolidated Plan for FY2022-2026
and the First Year Annual Action Plan for FY2022 and authorizing the Interim City
Manager's execution of the required HUD forms and certifications.
Mayor Penserga read the resolution by title.
Mr. Plummer showed a PowerPoint presentation and explained the 5-year consolidated
plan as follows: Consolidated Planning (Con Plan) Process; what does the Consolidated
Plan require; source of data analysis; basis of Priority Needs Analysis; FY 2022-2023
consolidated plan priority needs; and what is the annual action plan.
Mayor Penserga clarified the two parts to this item. He asked if a portion of the first year
is allocated to a firetruck.
Mr. Ramirez stated that was the intention.
Mayor Penserga stated that he would like to amend that first year to remove the funding
for the firetruck.
Mr. Ramirez explained the plan, and said that it is just a draft, so he can make the change.
He explained the proposed uses of the CDBG funds.
There was discussion regarding allocating funds over the next five years and the process
with HUD.
Attorney Cirullo asked for clarification if they would like to decide where to allocate the
funds tonight, and move the money at a later date.
There was consensus to allocate the funds into affordable housing and public
improvement.
There was discussion in regards to what areas in the City and who the affordable housing
can go to.
Motion:
Commissioner Hay moved to approve item #6D, with the plan amendment to allocate
half the funds to the affordable housing and half to public improvement. Commissioner
Turkin seconded the motion. The motion passed unanimously.
6E: Proposed Resolution No. R22-101 - Approve Third Amendment to Community
Development Block Grant (CDBG) Citizen Participation Plan, to modify
Consolidated Plan amendment section, to adjust threshold for invoking substantial
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program amendment, changes required per federal regulations at 24 CFR Part
91.220, regarding changes to the Annual Action Plan.
Mayor Penserga read the resolution into the record.
Mr. Ramirez explained what this item is for, and gave an example of this.
Motion:
Commissioner Hay moved to approve item #6E. Commissioner Turkin seconded the
motion. The motion passed unanimously.
7. Consent Bids and Purchases over $100,000
A. Approve the one-year extension for RFPs/Bids and/ or piggy-backs for the
procurement of services and/or commodities over $100,000 as described
in the written report for July 19, 2022 -"Request for Extensions and/or
Piggybacks."
B. Approve the purchase of one (1) replacement vehicle contingent on City
Commission's approval of staff recommendations of the usage of CDBG
funds (CDBG FY-2021 Substantial Amendment recommendation to use
CDBG accrued funds totaling $1,072,040 and CDBG FY2022/23 - Public
Improvements — Purchase of Fire Equipment Activity $231 ,930), for an
estimated amount of$1,303,970 by utilizing the Sourcewell contract
113021-SUT.
C. Approve the purchase of two (2) replacement vehicles (ambulances) that
were approved in the FY21-22 budget by utilizing the Sourcewell contract
022118-PLC for an estimated amount of$1,068,839.12.
D. Approve an increase to the estimated expenditure with MacMillan Oil
Company, LLC of Hialeah, FL from $1,000,000 to $1 ,400,000.00 per the
City of Delray's Agreement ITB #2017-047 due to fuel price increases. The
City of Delray's bid process satisfies the City's competitive bid
requirements.
E. Proposed Resolution No. R22-102 - Approve and Authorize the Mayor to
sign a First Amendment to the Subrecipient Grant Agreement from the
Department of Economic Opportunity (DEO) Community Development
Block Grant-Mitigation (CDBG-MIT) program awarded in the amount of
$2,100,000 for the East Water Treatment Plant Generator Replacement
Project.
F. Approve an increase of spending in the amount of $65,000 with Brenntag
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Mid-South, Inc. for Sodium Hydroxide used in Water Treatment, for a total
of $284,000 for Fiscal Year 21-22.
Interim City Manager Stables stated that they would like to withdraw 7B.
Motion:
Vice Mayor Cruz moved to approve the Consent Bids and Purchases over $100,000, as
amended. Commissioner Turkin 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.
9. City Manager's Report- None
10. Unfinished Business
A. Human Resources will provide an update on the City Manager Search
process.
Mayor Penserga stated that the Commission has the list of applicants and he would
like to have the Commission narrow it down to the top 5, and at the next meeting they
can talk about it.
Attorney Cirullo asked for clarification if they will announce their top 5 and pick the
top 3 at the August 16th meeting.
Commissioner Turkin stated that he is displeased with the process and has his
narrowed down to 3, and would like to have the top 3 at the August 16th meeting.
There was consensus for the Commissioners to each bring their top 5 candidates,
and narrow it down to the top 3 candidates at the August 16, 2022 Commission
Meeting.
11. New Business
A. Proposed Resolution No. R22-096 - Adopt a Proposed Millage Rate of
7.8500 mills.
Attorney Cirullo stated that these next three items are follow ups to the budget
hearing, and explained the resolutions.
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Mayor Penserga stated that he is happy that we are gradually bringing down the
millage rate.
Vice Mayor Cruz stated that we are taking a step in the right direction.
Mayor Penserga asked for Public Comment:
Cindy Falco Di-Corrado stated that it is still really high, and it is hard for middle income
families as well.
Ernest Mignoli stated that he has attended most of the meetings and has investigated
a lot of issues in Boynton Beach, and mentioned that he was one of the only people
from the public that attended the meetings.
Sandra Watson mentioned that she was at the first budget meeting and she gave
credit to the Commission about fighting to lower the millage rate.
Virtual comment:
Christine Roberts commended the Commission on the budget review, and thanked
them for lowering the millage rate.
Motion
Commissioner Turkin moved to approve Resolution No. R22-096. Commissioner Hay
seconded the motion. The motion passed unanimously.
B. Proposed Resolution No. R22-097 - Adopt a Preliminary Fire Assessment
Rate for FY 2022-23.
Mayor Penserga explained that there was consensus for no change to the
assessment fee. Mayor Penserga opened the floor for public comment.
Cindy Falco Di-Corrado stated that if any more funds are assessed, she will end up
being homeless.
Ernest Mignoli explained that his building is falling apart, and said that he cannot
believe that they allow the law firm to transfer to a partner when the other lawyer left.
Commissioner Turkin clarified that this was not increased and is staying the same.
Motion
Vice Mayor Cruz moved to approve Resolution No. R22-097. Commissioner Kelley
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seconded the motion. The motion passed unanimously.
Attorney Cirullo stated that these will be adopted at the September budget hearings.
C. Proposed Resolution No. R22-098 - Adopt a Preliminary Canal
Maintenance Assessment Rate for FY 2022-23. Pursuant to the provisions
of Ordinance No. 21-011, Sections 166.021 and 166.041, Florida Statutes,
and other applicable provisions of law.
Mayor Penserga read the resolution by title. Mayor Penserga opened the floor for
public comment.
Ernest Mignoli stated that the Commission are talking a lot about canals being
polluted, and they are shifting it all to the taxpayers in Boynton Beach, instead of
charging the surrounding towns that are the ones polluting the canals.
Commissioner Turkin verified what the assessment amount is, and asked if there is
a way that the City can look into alleviating this from the taxpayers.
Attorney Cirullo stated that it is set up to be paid by the people directly benefited by
this, but it is possible. He explained the different options.
Commissioner Turkin stated that most of his constituents do not want to be liable for
this.
Interim City Manager Stables stated that the main focus of this is whether this is for
public purpose, and we could have legal issues regarding private land.
Commissioner Turkin stated that the canals need to be addressed throughout the
City.
There was discussion regarding the following: the process for this assessment, and
when the final decisions will need to be made; acquiring the canals; if we used all the
money that was assessed from last year; working with the County on a program that
they had regarding canal clean up; how long this assessment has been happening;
this assessment being an annual cost; private property for a public purpose issue;
processing amendments after this preliminary fee has been passed; and looking for
grant funding instead of paying for it through taxpayers money;
Motion
Commissioner Kelley moved to approve Resolution No. R22-098. Vice Mayor Cruz
seconded the motion. The motion passed 3-2 Commissioner Turkin and Commissioner
Hay dissenting.
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11D- Added by Mayor Penserga
Mayor Penserga stated that he has an idea on an ordinance to ensure that landlords give
notice before raising rent, and would like to propose a 60-day notice.
Commissioner Hay suggested 90 days.
Vice Mayor Cruz also suggested 90 days.
Commissioner Kelley stated that she supports this move.
Mayor Penserga stated that other municipalities have done one for 60 days, but he
supports 90 days as well. He stated that his second idea is a tenant's bill of rights,
because some landlords are abusing their tenants, and he would like a protection from
retaliation clause included.
There was consensus from the Commission on this idea.
Attorney Cirullo mentioned that there are resources to use in the County for those kinds
of issues as well.
Mayor Penserga stated that his third idea, which may not be legally possible, is to have
a lower rent be available to both renters that are incoming and ones that are already living
in an apartment right next door.
Attorney Cirullo stated that there are concerns and possible State Statute issues with this.
Mayor Penserga announced that he would like to have a closed-door session to discuss
the JKM Case.
Attorney Cirullo read the Case into the record and the closed-door session being
requested. He stated that they will work on coordinating a time for the session.
12. Legal- None
13. Future Agenda Items
A. Commission discussion on staff research of legal options to help mitigate
rental prices and tenant rights, requested by Mayor Penserga. - TBD
B. Discussion on the Red-Light Camera Program requested by
Commissioner Commissioner Turkin. - TBD
C. Discussion on observing Juneteenth as a City holiday, requested by
Commissioner Commissioner Hay. - TBD
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D. Discuss a potential park in Leisureville, requested by Vice Mayor Vice
Mayor Cruz. — TBD
E. Research feasibility of Solar Panels on City buildings, requested by Mayor
Penserga.- TBD
F. Report on the status of infrastructure within the City, requested by Mayor
Penserga.-TBD
G. Local Rules and Procedures for Commission Meetings, requested by
Mayor Penserga.-TBD
H. Consider a LDR amendment to add a requirement for a minimum
commercial area percentage to mixed use developments, requested by
Mayor Penserga.-TBD
Commissioner Turkin stated that he would like to direct staff to include in the budget
a park in District 1 and 3, and a written draft about the workshop regarding height
limits.
There was consensus that the Attorney will work with the Clerks Office to coordinate
a time for the closed-door session.
14. Adjournment
Motion
Vice Mayor Cruz moved to adjourn the meeting. Commissioner Kelley seconded the
motion. The motion passed unanimously.
The meeting was adjourned at 9:41 P.M.
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