Minutes 09-22-22 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 Thursday, September 22, 2022, at 6:00 P.M.
Present:
Mayor Ty Penserga James Stables, Interim City Manager
Vice Mayor Angela Cruz Mike Cirullo, City Attorney
Commissioner Woodrow L. Hay Maylee De Jesus, City Clerk
Commissioner Thomas Turkin
Commissioner Aimee Kelley
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. Commissioner Turkin was attending online.
A quorum was present.
Invocation by Pastor Bob Bender, Christ Fellowship Church
Invocation was given by Pastor Bob Bender.
Pledge of Allegiance to the Flag led by Vice Mayor Angela Cruz
Vice Mayor Cruz led the Pledge of Allegiance to the Flag.
Agenda Approval:
1 . Additions, Deletions, Corrections
Mayor Penserga noted that staff requested removal of Item 7C. He removed Item 3B and
noted that the proclamation was received yesterday, since the recipient could not attend
the City Commission Meeting. He added Item 3C - Hispanic Heritage Month
Proclamation.
Commissioner Kelley added a discussion about the zoning and future use of the City-
owned property within The Meadows to New Business.
Commissioner Turkin asked about the process to propose a proclamation. Mayor
Penserga explained the proclamation process.
1. Adoption
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Motion
Vice Mayor Cruz moved to approve the agenda, as amended. Commissioner Turkin
seconded the motion. The motion passed unanimously.
2. Other
A. Informational items by the Members of the City Commission.
Commissioner Kelley had no disclosures. She stated that she attended the 9/11
ceremony and thanked staff for organizing it.
Commissioner Turkin had no disclosures.
Vice Mayor Cruz had no disclosures. She noted that she met with School Board
Member Erika Whitfield about improving schools.
Commissioner Hay had no disclosures.
Mayor Penserga stated that he attended 9/11 event and thanked staff. He said that
he also attended the community meeting at The Meadows and thanked the
community for that meeting. He recognized City staff for their work and spoke about
a few recent projects.
B. Conduct Second Public Budget Hearing for FY 2022/2023 Final Millage
and Tentative Annual Operating Budget.
Proposed Resolution No. R22-126 - Adopt the FINAL millage rate for
the General Fund for Fiscal Year 2022-2023.
Mara Frederiksen, Director of Financial Services, noted that there are no changes
from first reading. She reiterated what the millage rate decrease is and the changes
to the operational cost on the budget.
Public Comment:
Cindy Falco DiCorrado said that she wants the resolutions broken down in plain
English and spoke about taxes being unconstitutional.
Ernest Mignoli, 710 NE 7th Street, Unit 407, said that he received his taxes for the end
of the year, and he said that his taxes went up $500. He stated that it does not matter
what is discussed, it is already on the tax bill.
Virtual comments:
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Rebecca Harvey was called upon, but she did not respond online.
Mayor Penserga closed the public comments.
Motion
Commissioner Hay moved to approve Resolution No. R22-126. Commissioner Kelley
seconded the motion. The motion passed unanimously.
Proposed Resolution No. R22-127 - Adopt the FINAL Budget for the
General Fund and all other funds for Fiscal Year 2022-2023.
Motion
Commissioner Kelley moved to approve Resolution No. R22-127. Commissioner Turkin
seconded the motion. The motion passed unanimously.
C. Proposed Resolution No. R22-116 - Adopt the annual canal services
special assessment rate for FY 2022-23 per the "Preliminary Assessment
Resolution No. R22-098". Pursuant to the provisions of Ordinance No. 21-
011, Sections 166.021 and 166.041, Florida Statutes, and other applicable
provisions of law. (Tabled at the September 8, 2022 City Commission
Meeting)
Motion
Commissioner Hay moved to remove Resolution No. R22-116 from the table.
Commissioner Kelley seconded the motion. The motion passed unanimously.
Mayor Penserga read the resolution into the record.
Commissioner Turkin asked for a follow up from City Attorney and staff.
Michael Cirullo, City Attorney, stated that the County's positions is the same, they stated
that they are not responsible for these canals. He said that the proposal is to continue
with the special assessment, so that they can continue to spray the canals.
Andrew Mack, Assistant City Manager, agreed with City Attorney Cirullo and stated that
they reached out to additional people to try to get an appeal and they are working on that.
Mayor Penserga asked about long-term solutions.
Mr. Mack stated that they will be doing a storm water study within the Chapel Hill, and
they are looking at the cost of improving the covert.
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Commissioner Turkin stated that he wants the City to take the steps necessary to treat
the canal.
Public Comment:
Gary Fishman, 3504 Diane Drive, stated that he hopes this is a conclusion. He spoke
about the canal and the covert, and how he approached a few State Departments to get
proper classification for the canals. He said that they told him the canals are public and
not private. He commented on the covert not working and how it is too low. He mentioned
that they hope the City can spray the canal and figure out if they are private or public.
Ernest Mignoli stated that he lives on a problematic canal and there will be a pipe coming
out near his terrace. He said that the canals are being polluted by the City because they
are approving development on the canals.
Virtual Comments: None
Jim Stables, Interim City Manager, read three public comments into the record from:
Janick de Fabrique, William Cunningham III, and Nancy and Joe Barbalaco.
Commissioner Turkin asked staff for a monthly update and stated that he looks forward
to the Chapel Hill study.
Motion
Commissioner Turkin moved to approve Resolution No. R22-116. Commissioner Kelley
seconded the motion. The motion passed 4-1, with Vice Mayor Cruz dissenting.
3. Announcements, Community and Special Events And Presentations
A. Proclaim the month of September as Deaf Awareness Month. Proclamation will
be accepted by Lance Fischer, President of South Florida Deaf Senior Citizens,
Inc.
Mayor Penserga read the proclamation into the record.
Mr. Lance Fisher accepted the proclamation and took photos with the Mayor. Through the
interpreter, Mr. Fisher stated that he is honored to receive the proclamation on behalf of
deaf residents in the City. He said that it is important because it brings awareness to the
social isolation that the deaf and hard-of-hearing go through. He spoke on his history as a
deaf person, and some of the frustrations that they go through. He thanked the Commission
for the proclamation.
B. Proclaim the week of September 17-23, 2022 as Constitution Week. Marjorie
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Ferrer of the Daughters of the American Revolution will accept the proclamation.
This was removed from the agenda.
C. Proclaim September 15 — October 15 Hispanic Heritage Month
Vice Mayor Cruz read the proclamation into the record. The proclamation was accepted by
Alejandra Garrido from the Hispanic Vote.
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)
Susan Oyer announced that longtime resident Shirley Casa passed away yesterday, and
she gave condolences.
Cindy Falco DiCorrado said that she never got a proclamation for Heterosexual Month and
felt left out. She stated that there has never been an American Heritage Month. She spoke
about SWA assessment on top of what she was taxed. She said that she wants to know
why the meetings are on Thursdays and not Tuesdays. She also spoke about the audience
being yelled at from the dais when there are differences.
Victor Norfus, 225 NE 6th Avenue, stated that there was an ordinance in 1924 regarding
segregation in the City of Boynton Beach. He said that he wrote a book with black historical
locations that should have been placed on the "trail," but has not. He spoke about creating
a park called Unity Park, and asked for it to be named after Reverend Butler, and said that
he was one of the people that incorporated the City. He gave a history of the Butler family.
Tyrone Harvey, 608 SW 3rd Avenue, stated that they have been having flooding in his area
every time it rains. He spoke about the issues on the streets and that nobody is doing
anything about it.
Evangeline Ward, 1518 N. Seacrest Boulevard, spoke about speed bumps they talked
about last meeting, especially on 3rd and 4th Streets, by the elementary school. She said
that nothing has been done yet in regards to the bumps, and that it should be done since it
has been budgeted. She spoke about equality for everyone.
Christy Ward stated that their words fall on deaf ears. She spoke about the speed bumps
for District II. She said that Juneteenth was put together by the community leaders, not the
City.
Ernest Mignoli stated that he lives in a problematic complex and City. He said that the City
has turned off everyone in the City and nobody comes anymore. He spoke about the SJ
Case, and how it has just disappeared, and that the City has gotten away with everything.
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Virtual Speakers: None.
Commissioner Turkin asked if Mr. Mario Guzman can connect with Ms. Ward about the
speed bumps.
5. Administrative
A. Approve the request of Commissioner Hay to distribute $2,000.00 of his
Community Support Funds to Pathways to Prosperity.
Motion
Commissioner Hay moved to approve distributing $2,000.00 of his Community Support
Funds to Pathways to Prosperity. Commissioner Turkin seconded the motion. The motion
passed unanimously.
B. Approve the request of Commissioner Hay to distribute $2,000.00 of his
Community Support Funds to the Boynton Beach Bulldogs Football team.
Motion
Commissioner Hay moved to approve distributing $2,000.00 of his Community Support
Funds to the Boynton Beach Bulldogs Football Team. Commissioner Turkin seconded
the motion. The motion passed unanimously.
C. Approve the request of Commissioner Kelley to distribute $700.00 of her
Community Support Funds to the Bill Tome Foundation.
D. Approve the request of Commissioner Kelley to distribute $400.00 of her
Community Support Funds to each of the 7 Palm Beach County
Elementary Schools within in the City of Boynton Beach.
Motion
Commissioner Kelley moved to approve Item 3C and 3D. Commissioner Hay seconded
the motion. The motion passed unanimously.
E. Approve the request of Vice Mayor Cruz to distribute $1,000.00 of her
Community Support Funds to the American Cancer Society.
F. Approve the request of Vice Mayor Cruz to distribute $1,500.00 of her
Community Support Funds to Heart of Boynton Community Association
Toy Drive in collaboration with Sergeant Diehl.
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G. Approve the request of Vice Mayor Cruz to distribute $500.00 of her
Community Support Funds to the Boynton Beach Bulldogs.
H. Approve the request of Vice Mayor Cruz to distribute $500.00 of her
Community Support Funds to Boynton Beach High School.
I. Approve the request of Vice Mayor Cruz to distribute $500.00 of her
Community Support Funds to Congress Middle School.
J. Approve the request of Vice Mayor Cruz to distribute $1,000.00 of her
Community Support Funds to the Volen Center.
Motion
Vice Mayor Cruz moved to approve Items 3E, 3F, 3G, 3H, 31, and 3J. Commissioner
Kelley seconded the motion. The motion passed unanimously.
6. Consent Agenda
A. Proposed Resolution No. R22-128 - Ratification by the City Commission of
the Boynton Beach Community Redevelopment Agency (CRA) annual
budget for fiscal year 2022-2023.
B. Approve and authorize the sole source purchase of equipment and
services for Axon Interview from Axon Enterprises, Inc in the amount of
$62,256.74.
C. Legal Expenses - July 2022 - Information at the request of the City
Commission. No action required.
D. Proposed Resolution No. R22-129 - Approve and ratify the Collective
Bargaining Agreement between the Palm Beach County Police Benevolent
Association Police Officers and Detectives and the City.
Proposed Resolution No. R22-130 - Approve and ratify the Collective
Bargaining Agreement between the Palm Beach County Police Benevolent
Association Police Sergeants and the City
E. Proposed Resolution No. R22-131 - Approve and authorize the Mayor to
sign subrecipient agreements for the Community Development Block
Grant (CDBG), FY2022 One Year Annual Action Plan, as adopted in
resolution R22-100.
F. Proposed Resolution No. R22-132 - Authorize the Interim City Manager to
implement proposed changes in purchasing thresholds pursuant to
Chapter 10 of the City's Administrative Policy Manual.
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G. Accept the written report to the Commission for purchases over $10,000
for the month of August 2022.
H. Proposed Resolution No. R22-133 - Authorize the Interim City Manager to
sign an agreement with Public Consulting Group for assistance with the
Florida EMS Certified Public Expenditure Program via a piggyback
agreement with Palm Beach County
I. Proposed Resolution No. R22-134 - Approve and authorize the Mayor to
sign a grant application to the Florida Department of Environmental
Protection for a Resilient Florida Infrastructure Grant for the Coquina Cove
Drainage Improvements project with a 52% City cost share of$1,634,213.
J. Proposed Resolution No. R22-135 - Authorize the Mayor to sign the
application and agreement for Library State Aid to Public Libraries Grant
for FY 2022-2023.
K. Proposed Resolution No. R22-136 - Authorize the Interim City Manager to
sign the grant agreement between the City of Boynton Beach and the State
of Florida Department of Environmental protection for the Boynton Beach
Eco Park project.
L. Approve minutes from the September 8, 2022 City Commission Meeting.
Commissioner Kelley pulled Item 6K.
Motion:
Commissioner Hay moved to approve the consent agenda, as amended. Vice Mayor
Cruz seconded the motion. The motion passed unanimously.
Mayor Penserga read Resolution No. R22-136 by title.
Commissioner Kelley pulled this to congratulate staff and asked for an update on it.
Mr. Mario Guzman, Director of Public Works, gave a history of this project, where they
are at right now with the project, and their timeline for finishing the project.
Mayor Penserga stated that this is going to be beautiful, and it is over 60 acres, and will
remain as a passive park.
Motion
Vice Mayor Cruz moved to approve Resolution No. R22-136. Commissioner Hay
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seconded the motion. The motion passed unanimously.
7. Consent Bids and Purchases over $100,000
A. Approve the task order with Jacobs Engineering Group in the amount of
$173,934.00 for Professional Hydrogeological Services for Testing and
Evaluation of the East and West Wellfields.
B. Approve 12% contingency in the amount of $138,703.80 for the Harvey E
Oyer, Jr Park Marina Boat Ramp Improvement Project. The total approved
project bid is $1,155,865. With the Contingency the total approved project
budget will be $1,294,568.80.
C. Proposed Resolution No. R22-137 - Award of Bid No. PWE22-035 for
"Ezell Hester Jr. Park Improvement- PH 1A" and authorize the Interim City
Manager to sign a Construction Contract and issue a Purchase Order to
the lowest responsive and responsible bidder, CSR Heavy Construction,
Inc., of Deerfield Beach, Florida, in the amount of $3,639,358.00 plus a
10%contingency amount of $363,935.80, for a total estimated amount of
$4,003,293.80.
D. Approve additional landscape services for Utilities Stormwater Ponds and
Lift Stations with Blue Marlin Investments, Inc. dba Cayco Landscaping in
the amount of $240,000.00 in accordance with the approved one-year
extension to Bid No. 034-2821-18/IT.
Item 7C was removed from the agenda by staff.
Commissioner Turkin pulled Item 7B and asked if the fish stations are included in the
project.
Motion:
Vice Mayor Cruz moved to approve the Consent Bids and Purchases over $100,000, as
amended. Commissioner Kelley seconded the motion. The motion passed
unanimously.
Mr. Guzman addressed Item 7B and confirmed they are getting three fish stations.
Motion
Commissioner Turkin moved to approve 7B. Commissioner Hay seconded the motion.
The motion passed unanimously.
8. Public Hearing- None
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6 p.m. or as soon thereafter as the agenda permits.
The City Commission will conduct these public hearings in its dual capacity
as Local Planning Agency and City Commission.
A. Proposed Resolution No. R22-115 - Declare the City owned vacant property
(0.1 acres) located at SE 21st Avenue, PCN #08-43-45-33-03-000-0122, as
surplus and direct staff on desired disposition process to follow.
Mayor Penserga read the resolution into the record.
City Attorney Cirullo read the process into the record. He stated that the City has received
a letter of intent from the neighbor.
Assistant City Manager Mack stated that they are glad that this is going back to the public
and will be back on the tax roll.
Kristin Barr, from Ward Damon, stated that the neighbor would like to purchase the
property.
Mayor Penserga clarified what the approval is for.
City Attorney Cirullo said that it is to approve the surplus and it will come back to the City
Commission to approve the sale transaction.
Motion
Vice Mayor Cruz moved to approve Resolution No. R22-115. Commissioner Hay
seconded the motion. The motion passed unanimously.
9. City Manager's Report- None
Jim Stables, Interim City Manager, thanked the Commission for trusting him and Staff for
their hard work. He read a goodbye letter into the record.
Mayor Penserga and the Commissioners wished Mr. Stables a Happy Birthday and
thanked him for his service.
10. Unfinished Business
A. Proposed Resolution No. R22-140 - Approve revision to Community Support
Funds Policy to allow for equitable spending of the members of the City
Commission on a pro-rata basis.
Ms. Frederiksen explained the revision that they are making tonight, which are the way the
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funds are allocated. She stated that it will be available on a monthly basis instead of being
able to be spent all at once.
Mayor Penserga asked for clarification on the amount for each month.
Ms. Frederiksen said it is a $500 accrual per month.
Commissioner Kelley stated that she likes that it is being broken apart so that it is not spent
by an outgoing Commissioner.
Commissioner Turkin agreed with Commissioner Kelley and likes the quarterly idea.
Vice Mayor Cruz said that she is fine with it.
Mayor Penserga stated that his concern is that they could only do $500 a month and how
his ability is limited to allocate funding.
A discussion ensued about the revision.
Interim City Manager Stables stated that staff can create a policy about how money is
spent.
Mayor Penserga asked the staff to come back with options.
11. New Business
A. Proposed Resolution No. R22-138 - Calling for a General City Election to
be held on Tuesday, March 14, 2023, for the purpose of electing two (2)
City Commissioners; calling for a General City Run-off election to be held
on Tuesday, March 28, 2023, if necessary.
City Attorney Cirullo stated that announcing the election is required by the charter.
Public Comments: None.
Motion
Vice Mayor Cruz moved to approve Resolution No. R22-138. Commissioner Hay
seconded the motion. The motion passed unanimously.
Assistant City Manager Mack stated that there is a gentleman who wanted to speak
during Item 5F. He wanted to thank the Commission for their donations. Consensus
was reached to permit the speaker to say a few words.
Willie Akins thanked Vice Mayor Cruz for funds to support the toy drive.
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B. Proposed Resolution No. R22-139- Appoint Daniel Dugger as City
Manager and approve Appointment Agreement.
Mayor Penserga read the resolution by title and opened the floor to public comment.
Cindy Falco DiCorrado stated that she hopes he does right by the City. She said that
she believes he is capable.
The Commissioners and Mayor Penserga congratulated Dan Dugger and welcomed
him as City Manager.
Commissioner Turkin spoke on accountability from Mr. Dugger.
Motion
Commissioner Turkin moved to appoint Dan Dugger and approve his appointment
agreement, approving Resolution No. R22-139. Vice Mayor Cruz seconded the motion.
The motion passed unanimously.
Dan Dugger, City Manager, thanked the community for the opportunity. He said that
this is his home and that he will keep the City's best interest at heart. He offered his
condolences to Shirley Casa. He thanked the Commission for the confidence in him.
He thanked Mr. Stables for being a mentor, and all of Staff. He announced that
tomorrow will be his last day as a Law Enforcement Officer, after 23 years.
C. Zoning and Future Use of The Meadows
Commissioner Kelley stated that he has heard from many residents from The
Meadows about an unsolicited LOI that was received and has since been withdrawn.
She stated that she would like to protect this land so that it can stay as green space.
She asked for the explanation of the PUD zoning.
Adam Temple, Director of Development Services, explained the zoning and the
history of the Park Master Plan approvals. He further explained how these properties
were zoned to what they are now.
Commissioner Kelley asked if they changed the zoning, would it be more protected.
Mr. Temple responded yes, it would provide more protection, and provided an
example.
There was discussion regarding the process and what would best protect this
property as green space and direction to give staff. Consensus was reached to permit
staff to be able to do more research and come back with recommendations.
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Commissioner Turkin stated that there was discussion during strategy planning
about green space, spot zoning, and height regulations and said that we need to be
mindful of these things.
City Attorney Cirullo stated that he will work on the restrictive covenant for this
property.
12. Legal- None
A. Discuss the draft Local Rules & Procedures for Commission Meetings.
Mayor Penserga stated that this is an item he requested, so that there is clarity on
the procedure of the meeting. He spoke about needing clarification regarding the
procedures for different items. He stated that he would like to give staff direction.
Commissioner Hay asked about Section 3D and whether additional proclamations
over the 3 outlined would be done outside the meeting or at the next meeting.
There was discussion regarding proclamations.
Commissioner Hay asked about Section 21 and having two readings, and public input
being at the 2nd meeting.
City Attorney Cirullo explained ordinances and their requirements.
Mayor Penserga suggested that the presentation should be at 2nd reading with the
ability for public comment.
Commissioner Hay stated that physical absence and voting should be addressed.
There was discussion regarding physical quorums and being able to vote.
Commissioner Hay addressed Section 7E3 and speakers not being able to go over
one hour during public audience.
There was consensus to not limit the timeframe for public audience. There was
discussion regarding limiting the public comment for agenda items, and limiting the
time of the meeting to not go later than 11:00 P.M.
Commissioner Kelley asked why the meetings were changed to Thursday.
Mr. Stables explained why they were moved to Thursday.
There was consensus on capping the meeting time at 11:00 P.M.
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There was discussion regarding virtual comments and public comment cards.
Vice Mayor Cruz stated that she does not support virtual public comment cards, and
Commissioner Turkin agreed.
Mayor Penserga said that there is consensus that they do not want to lessen the
voice of the residents, and that he thinks it is easier to just type an email.
There was more discussion regarding public comment cards. Consensus was
reached to find out from different municipalities about virtual comments, and who
uses public comment cards. There was discussion regarding 4C.
City Attorney Cirullo recommended that the sentence be changed to clarify what
Agenda Approval means. He spoke about 5K "Add-On" Agenda Items.
A discussion ensued about "Add-On" agenda items. There was a discussion about
the process for proclamations.
Commissioner Turkin requested proclamations for November to recognize both
Veterans and Patriots Month.
Assistant City Manager Matos noted that there is a calendar of previous
proclamations and designations that can be sent to the City Commission to be more
proactive. A discussion ensued about approving standing annual proclamations.
Public Comment:
Steven Grant congratulated Mr. Dugger. He stated that comment cards will make life
easier, and that the virtual platform has been going for over 2 years, and that they
should continue it. He said that proclamations are beneficial, and they could use
citations for personal recognitions.
Cindy Falco DiCorrado spoke about the speaker cards creating controversy.
Susan Oyer stated that this should be called guidelines, not rules. She spoke about
being able to speak during every opportunity; adding things during Commission
Meetings; proclamations; and cutting down speaking to 5 minutes, not 10 minutes.
Barbara Ready stated that she is not in favor of the comment cards. She said that it
seemed to work for people to email in comments.
Sandra Watson spoke about the comment cards.
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Harry Woodworth spoke about the comment cards and proclamations.
Virtual Comments:
Christy Ward spoke about the comment cards.
Courtland McGuire said that more features and protocols will lead to longer meetings.
He also congratulated Mr. Dugger.
13. Future Agenda Items
A. Consider an LDR amendment to add a requirement for a minimum
commercial area percentage to mixed use developments, requested by
Vice Mayor Cruz -To be scheduled for Commission agenda once it has
gone to the Planning & Development Board in September 2022.
B. Discussion on Advisory Boards providing a report to the City Commission,
requested by Commissioner Kelley. - October 4, 2022
C. Discussion and direction on Tenant Notice and Bill of Rights Ordinance. -
October 4, 2022
D. Discussion of draft height regulations. - October 18, 2022
E. Report on the status of infrastructure within the City, requested by Mayor
Penserga. - October 18, 2022
F. Additional homestead for low income seniors, requested by Mayor
Penserga. - October 18, 2022
G. Draft Ordinance on Civility & Decorum. - October 18, 2022
H. Continued discussion regarding a potential park in Leisureville and
creating a Restrictive Covenant on this parcel, requested by Vice Mayor
Cruz. - January 2023.
14. Adjournment
Motion
Commissioner Kelley moved to adjourn the meeting. Vice Mayor Cruz seconded the
motion. The motion passed unanimously.
There being no further business to discuss, the meeting was adjourned at 9:24 P.M.
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