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Minutes 09-14-23 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 14, 2023, at 6:00 P.M. Present: Mayor Ty Penserga Daniel Dugger City Manager Vice Mayor Thomas Turkin David Tolces, Interim City Attorney Commissioner Woodrow L. Hay Maylee De Jesus, City Clerk Commissioner Angela Cruz Commissioner Aimee Kelley 1. Agenda Items A. Call to Order - Mayor Ty Penserga Mayor Penserga called the meeting to order at 6:06 P.M. Roll Call City Clerk Maylee De Jesus called the roll. A quorum was present. Invocation by Pastor Chuck Brannon, Gateway Community Church Invocation was given by Pastor Chuck Brannon, Gateway Community Church. Pledge of Allegiance to the Flag led by Vice Mayor Thomas Turkin Vice Mayor Turkin led the Pledge of Allegiance to the Flag. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Mayor Penserga requested to move up item 10B to after Public Audience. Commissioner Cruz requested to move item 5A to be the first item under Other. Mayor Penserga said that Interim Attorney Tolces recommended to leave item 5A where it is, as the budget and millage has been set for a specific time. Motion: Commissioner Kelley moved to approve the agenda, as amended. Commissioner Hay seconded the motion. The motion passed unanimously. Meeting Minutes City Commission Meeting Boynton Beach, FL September 14, 2023 2. Other Informational items by the Members of the City Commission. Commissioner Kelley had no disclosures. Commissioner Hay mentioned that he attended the 9/11 Memorial Event and said that it was well done by staff. Vice Mayor Turkin disclosed that he spoke with Chris regarding item 8A. Commissioner Cruz said that she also attended the 9/11 Memorial Event. She mentioned that she spoke to several residents regarding utilities. Mayor Penserga disclosed that he spoke for Chris regarding item 8A. A. Conduct Second Public Budget Hearing for FY 2023/2024 Final Millage and Tentative Annual Operating Budget. Proposed Resolution No. R23-119- Adopt the FINAL millage rate for the General Fund for Fiscal Year 2023- 2024. Proposed Resolution No. R23-120- Adopt The FINAL Budget for the General Fund and all other funds for Fiscal Year 2023-2024. Mara Frederiksen, Director of Financial Services, said that this is the second reading, and that the millage remains the same. She stated that there was a reduction of Commission salaries of $144,500. Commissioner Cruz questioned the changes in utility rates and said that there is a 10% increase, and that she has concerns with the excessive increase, and she would like to have it pulled up. Poonam Kalkat, Utilities Director, said that the biggest reason was because there were no changes last year, and they analyzed their expenses and needs, and based on that, this is why they requested the change. She spoke about pulling money from the reserves for the last two years. She explained some of the reasons for the increases. She spoke about bonds and getting better interest rates. She stated that compared to other municipalities, we are one of the lowest rates in the County, and all municipalities are raising their rates. She mentioned that they will work with whatever the Commission decides. Commissioner Cruz asked to have the rate changes show on the screen. 2 Meeting Minutes City Commission Meeting Boynton Beach, FL September 14, 2023 Ms. Kalkat showed the historical rate adjustments. Commissioner Cruz said that she has not advocated for a 10% increase. She asked how much they have sent in the last five years from Utilities to the General Fund. Ms. Frederiksen said that it is roughly $8M a year. Commissioner Cruz requested that the presentation be year by year. Ms. Kalkat mentioned that it is becoming harder to manage the rate inflation without an increase. Ms. Frederiksen reviewed the amount of money from FY21, FY22, and current FY23 from the Utility Fund to the General Fund. She said that the cost of what those are, is not a supplement to the General Fund. She explained how the money can be used. There was further discussion regarding maintaining the utility funds in Utilities, so that there is no increase in utility rates. Commissioner Cruz said that she does not agree with the 10% and would like to propose not sending the $4M franchise fee to the General Fund and keep it in the Utility Fund. She said that she would like to see what a 6% instead of 10% increase would look like. Mayor Penserga said that he supports any efficiencies they can find and is open to looking into 6% instead of 10%. Vice Mayor Turkin said that Commissioner Cruz has his support on this. He mentioned that there are other ways to find the funds. He spoke about looking at other infrastructure assessments. He said that he would like to see the long-term impact of increased density with development and quality of water. He stated that he does not want to put the fees on to the residents. Commissioner Hay stated that he would agree to take a look at this for the future and supports staff recommendations. Commissioner Kelley stated that the City has suffered over the years without having any increases, but that 10% is a lot. She said that she wants to be conscious of the fact that it was not increased over the years, likely because of Covid, and she supports looking at what we can do to decrease the percentage and provide the same services. She asked where the difference comes from for the money that goes from Utilities to General Fund. 3 Meeting Minutes City Commission Meeting Boynton Beach, FL September 14, 2023 Ms. Frederiksen explained that it is 8% of the revenues, which is maxed out on what is transferred. Commissioner Kelley supports figuring out what we can do to have lower increases. Mayor Penserga said that they will do research on the 6%, but the possible changes were for the upcoming year. Commissioner Cruz said that she does not support a 10% increase for this year. She stated that she would like to do a 6% increase for this year. Vice Mayor Turkin said that he does not support a 6% increase and would come back for a Special Meeting if needed. Mayor Penserga said that we have a State deadline and asked about the options. Ms. Frederiksen said that 6% would be about a $2.4M reduction to the Utility Funds. She said that they can amend the budget and move forward with that tonight. Interim City Attorney Tolces said that the utility rate was previously approved, but the resolution can come back for an amendment at the next meeting. He mentioned that there will have to be additional notices sent out. Mayor Penserga recommends coming back for a Special Meeting, because he does not want to see this affect other items. Commissioner Hey said that he is satisfied with the way it is, but will go with the majority. He mentioned that we have had the best water in the County, and we have to make investments to continue to make our water right. Commissioner Kelley asked about the deadline. Interim City Attorney Tolces said that the millage rate and the budget has to be separately advertised. He said that the millage rate can be approved tonight, and the budget can come back. Commissioner Kelley said that her concerns are timing and when we can have a Special Meeting. Commissioner Hay said that there is challenge because of the travel that is coming up. 4 Meeting Minutes City Commission Meeting Boynton Beach, FL September 14, 2023 Ms. Kalkat said that they usually like to give 30 days' notice to residents about any rate change. Vice Turkin said that he would like to get this done within the two weeks. He asked what other municipalities we have a contract with water. Ms. Kalkat explained which municipalities we service. Vice Mayor Turkin said that we should raise rates for other municipalities, to offset the residents of Boynton Beach. City Manager Dugger said they are capped out on what they can charge other municipalities. He stated that if they stop $4M from coming over, there will be big changes to the general budget and challenges to maintain services. Vice Mayor Turkin said that there is a fire assessment that was supposed to sunset and there will be an impact fee that will put a burden on developers, instead of residents. He commented that we should not tax the residents and they need to be creative. He reiterated that he will not support a 10% increase. Mayor Penserga said that there is consensus to come back again. Commissioner Hay said that we can approve the millage rate, but asked if we are holding up the entire budget just on this item, or can it be pulled out. Interim City Attorney Tolces said to recess the item and come back with it as a whole. Assistant City Manager Matos said that the workshop has not been scheduled yet. Commissioner Cruz said that September 27th looks like a good time to come back. Interim City Attorney Tolces said that the millage hearing should be now and recess the budget. Mayor Penserga opened the public comments on the millage rate only. Jackie Long asked if raising the millage rate is to raise the taxes. She said that she disagrees with raising the millage rate. Mayor Penserga reiterated that we did not raise the millage rate. He closed the public comments. 5 Meeting Minutes City Commission Meeting Boynton Beach, FL September 14, 2023 Commissioner Cruz said that they decreased the millage rate last year, and this year it is the same. She said that the value of homes have increased, which is why taxes would have been higher. Vice Mayor Turkin said that Boynton Beach does not control the market and we just set the millage rate. Motion: Commissioner Cruz moved to approve the Millage Rate. Commissioner Hay seconded the motion. The motion passed unanimously (5-0). Mayor Penserga said he had a comment regarding the budget. He asked if there is a long-term plan to adjust accordioning with increases in CPI, and not increase yearly but long term. He also said that he is glad the budget is delayed because he has asked for a copy of all contracts in the City, and he just received them, after two months of requesting them. He said that we do not have a contract management system and asked for funding for a contract management system to be included in the budget. City Manager Dugger said that a lot of the contracts are not discovered until it is asked. He stated that gathering contracts from 16-17 different departments took a long time. He explained all of the things that staff has been working on since he got here. Mayor Penserga said that we have to take the steps when they are addressed. Commissioner Cruz said that this years' budget might be tight, but she supports getting a contract management system. She suggested Excel spreadsheets to start. Commissioner Kelley supports the contract management system. She said that this should be a priority. Ms. Frederiksen asked for clarification on the Mayor's first request. She mentioned that Purchasing has a contract management system that tracks everything over $50K, which requires Commission approval. Motion: Vice Mayor Turkin moved to recess the budget hearing. Commissioner Cruz seconded the motion. The motion passed unanimously (5-0). 6 Meeting Minutes City Commission Meeting Boynton Beach, FL September 14, 2023 3. Announcements, Community and Special Events And Presentations A. Presentation and Discussion- Artificial Reef.- Tabled from September 5, 2023. Motion: Vice Mayor Turkin moved to remove the item from the table. Commissioner Kelley seconded the motion. The motion passed unanimously (5-0). Alannah Irwin, Sustainability and Resiliency Administrator, spoke about the following: objectives; artificial reefs; benefits of artificial reefs; artificial reefs & climate change; artificial reef- additional benefits; existing artificial reefs in Boynton Beach; map of reefs off of Boynton Beach; completed artificial reef projects; potential grant opportunities; and future direction. Commissioner Kelley thanked Vice Mayor Turkin for bringing this up. She said that with all the funding and grants available, it is a win for everyone. She stated that she is in favor of moving forward. Commissioner Hay asked if there is a rule of how close they are supposed to be. Ms. Irwin explained that there are rules as far as how close they can be to the shoreline, and she explained different reef depths. Commissioner Hay asked about the Army Corps of Engineers. Ms. Irwin explained how long it would take for a permit, and the difference with the living shoreline. She said that they have a grant that can cover 50% of the cost, that they can look at. Mayor Penserga thanked Vice Mayor Turkin and said that he supports this. He asked if there is collaboration with our Fire Dive Team. Vice Mayor Turkin said that one of the most important things is that he would like to focus on, is ocean front accessibility. He stated that he would like to make sure that future generations can enjoy the beach as well. He mentioned funding this over time and branding the City. He talked about other opportunities to mitigate this. He recommended looking at ocean front and the intracoastal as well. Commissioner Cruz said that she shares the same sentiments as the rest of the 7 Meeting Minutes City Commission Meeting Boynton Beach, FL September 14, 2023 Commission. She said that it is important to look for grants. She asked what we are approving. Mayor Penserga said that staff needs direction to look into the different aspects of research. City Manager Dugger said that they budgeted $60K for the design concept. Ms. Irwin said that they can work on both projects at the same time. Vice Mayor Turkin said that during this last cycle the federal government approved utilizing funding for naval ships. 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) Debra Tendrich, Founder of Live Better Eat Better, said that they are surprising teachers with turkeys for the entire school staff. She asked for the City to nominate a Boynton Beach school to win. She stated that teachers are mentally stressed. She announced her organization's website and how to nominate a school. Jackie Long spoke about her tax bill and said that there is a $60 increase for her, and that it is a lot of money. She stated that the City needs to stop putting poison in the water to save money, such as fluoride. She mentioned that Utilities is not discussing it and there should be a full investigation about this. She said that 6% is still too high and we do not need to make up for the last few years. David Katz said that we are going down a bad economic rabbit hole if we do not go with a 10% increase. He stated that there have been fund transfers so that there are no taxes going up. He commented that at the last meeting, the Mayor mentioned that there should be an Elected Official here all the time, which is code for strong Mayor. He said that nobody wants a strong Mayor, that it is the manager's job. Susan Oyer spoke about looking into Ikea to take over the mall space. She said that we do not need 2,000 more apartments. She mentioned that we should focus on kinetic when looking for a new art manager. She asked if we are looking into holiday decorations already. She said that there are over 11,000 people dead in Bolivia because of flooding, what are we doing. She stated that she is an advocate for the 10%. She asked why are 8 Meeting Minutes City Commission Meeting Boynton Beach, FL September 14, 2023 we not getting lobbyist to raise the 25% cap, and we should raise the outside municipalities. She supports the reef. Cindy Falco De Corrado said that her friend is still getting a tax bill, even though her friend does not live here. She questioned the different line items on the taxes. She said that people were here at 5:30 and it was hot outside, and nobody was outside to open the door, and people were offended. She said that she did not have her garbage picked up all week. she asked for an overhaul on every department in Boynton Beach and fire those who are not doing their job. She said that she would opt out of the fire assessment fee. There were no virtual hands. Mayor Penserga closed public comment. 10. Unfinished Business B. In House Attorney Update. Tennille DeCoste, Director of Human Resources and Risk Management, said that nothing has changed, and she needs direction. Mayor Penserga said that he would like to give any candidates who are present a chance to speak Shawna Lamb introduced herself and spoke about having an in-house City Attorney. She explained why she should be chosen as the in-house City Attorney. Commissioner Cruz said that after interviewing the three candidates, she chose someone who has experience with a municipality. She stated that she supports Shawna Lamb. Vice Mayor Turkin stated that this was a hard decision, and he is happy with the Interim City Attorney and knows that there will be a transition period. He said that he has seen commitment, and supports Shawna Lamb, but that we should have a joint effort with the current interim firm. Commissioner Hay stated that they had three good candidates, and all were capable of handling the task, but he chose the one with the best experience. He chose Mr. Belony. Commissioner Kelley stated that she received several references from associates, in particular Ms. Lamb, who comes with knowledge of City business. She said that she is from our City, which is important. She stated that she supports Ms. Lamb. She mentioned that this is not a one-person job, and that another City that is a little bit bigger than us has 13 9 Meeting Minutes City Commission Meeting Boynton Beach, FL September 14, 2023 City Attorneys. She mentioned that we have one amazing paralegal. She commented that she would like to have our current firm assist us until we transition. Mayor Penserga said that he interviewed the candidates and that Shawna Lamb stood out. He stated that her drive is very clear, and she is extremely qualified. He agrees with the transition period, and that we need someone here full time. He asked if there have been conversations yet about a transition. Interim City Attorney Tolces said that they have not had transition period conversations, but they will continue to work with the City. He recommended a motion to direct staff to negotiate an agreement with Ms. Lamb and come back to the City Commission for final action. Motion: Vice Mayor Turkin moved to direct staff to negotiate an agreement with Shawna Lamb for in-house City Attorney. Commissioner Cruz seconded the motion. The motion passed unanimously (5-0). Commissioner Cruz stated that she agrees with Commissioner Kelley that we need a legal team. She thanked the current Interim City Attorney for working with us. Interim City Attorney Tolces said that they will continue to work within their retainer and no action is needed at this time. Vice Mayor Turkin said that if we have to outsource our legal and should go with the current interim firm. 5. Administrative A. Community Support Funds Commissioner Kelley said that one of her Community Support Funds is a kick off to Holiday Baskets. She mentioned that piggybacking Feeding South Florida, there are a lot of organizations that are focusing on feeding the community. Motion: Vice Mayor Turkin moved to approve the entirety of the Community Support Funds requests. Commissioner Cruz seconded the motion. The motion passed unanimously (5- 0). 10 Meeting Minutes City Commission Meeting Boynton Beach, FL September 14, 2023 6. Consent Agenda A. Proposed Resolution No. R23-121- Ratification of FY 2024 CRA Budget. B. Proposed Resolution No. R23-122- Intracoastal Park - Restoration Project. C. Proposed Resolution No. R23-123- Hurricane Nicole DR4680 Funding Agreement. D. Proposed Resolution No. R23-124- Sub-recipient Agreements for the Community Development Block Grant (CDBG), as adopted in the CDBG FY2023 One Year Annual Action Plan, R23-098. E. Proposed Resolution No. R23-125- Subrecipient Agreements six-month extension, with Boynton Beach Faith Based Community Development Corporation Inc., for the Community Development Block Grant- Limited Rehabilitation Program and Senior Rental Housing Program F. Proposed Resolution No. R23-126- Promissory Note as a part of the Commercial Property Improvement Forgivable Loan Program for Margo's Kitchen, LLC. G. Upgrade the Audiovisual (AV) system in the Utilities Department Training Room, utilizing the TIPS contract RFP 200904 Audio Visual Equipment, Supplies, and services. H. Ezell Hester Park Improvements- Change order to PO 210467. I. Proposed Resolution No. R23-127- Urban Search and Rescue updated grant agreement between the State of Florida, Division of Emergency Management and the City of Boynton Beach for the Urban Search and Rescue Grant. J. Proposed Resolution No. R23-128- FDOT Grant - Bicycle and Pedestrian Focused Initiative. K. Proposed Resolution No. R23-129- Coquina Cove FY 23-24 DEP Resilient Florida Program - Notice of Grant Award and Supplement Funding Request. L. Proposed Resolution No. R23-130- Grant Agreement with the Mellon Foundation for the Heart of Boynton Unity Project M. Proposed Resolution No. R23-131- Traffic Enforcement Agreement- The Hills of Lake Eden Homeowner's Association, Inc. N. Proposed Resolution No. R23-134- State Assistance for Fentanyl Eradication (S.A.F.E) in Florida Program and corresponding Interlocal agreement between the City of Boynton Beach and Palm Beach County Sheriff's Office. O. Proposed Resolution No. R23-135- Ratify SCRW 2024 Budget 11 Meeting Minutes City Commission Meeting Boynton Beach, FL September 14, 2023 Motion: Commissioner Cruz moved to approve the consent agenda. Commissioner Hay seconded the motion. The motion passed unanimously (5-0). 7. Consent Bids and Purchases over $100,000 A. Port Consolidated- Annual Expenditure Increase. B. Approve task order # 157 for the SW 8th Street improvements from Woolbright Road to Boynton Beach Boulevard. C. Purchase of Sodium Hypochlorite using Southeast Florida Governmental Purchasing Cooperative Group Bid No. 139. D. Proposed Resolution No. R23-132- Preferred Governmental Insurance Trust (PGIT) as the City's new Property, Liability and Workers' Compensation provider. Mayor Penserga requested to pull item 7D. Vice Mayor Turkin and Commissioner Cruz both requested to pull item 7B. Motion: Commissioner Hay moved to approve the remainder of Consent Bids and Purchases over $100,000. Commissioner Kelley seconded the motion. In a roll call vote, the motion passed unanimously Mayor Penserga said they would begin with item 7B. 7B. Approve task order # 157 for the SW 8th Street improvements from Woolbright Road to Boynton Beach Boulevard. Mario Guzman, Director of Public Works, introduced Carl Fermenti, Project Manager for SW 8th Street. Mr. Fermenti provided a background on the project. He mentioned that they plan on bringing this project up in four phases and spoke about what will be included. He mentioned that there are some areas that need to be addressed, to be ADA compliant, and there will be concrete work done to make a complete sidewalk network for future projects. Vice Mayor Turkin said that he is excited to see additional traffic calming. He asked for elaborations on future projects in the neighborhood east of this project. 12 Meeting Minutes City Commission Meeting Boynton Beach, FL September 14, 2023 Mr. Guzman explained what projects are being looked at this year and next year. He said that they will be looking at other roads as they are working on these. Mr. Fermenti spoke about which sides of the roads do not flood and which ones will require more work. Commissioner Hay congratulated both of them for getting this working, and said that this is a good beginning. Commissioner Kelley recognized that this is before them because of price increasing, which is happening everywhere. Motion: Vice Mayor Turkin moved to approve item 7B. Commissioner Hay seconded the motion. The motion passed unanimously (5-0). Mayor Penserga said they are moving on to item 7D. 7D. Proposed Resolution No. R23-132- Preferred Governmental Insurance Trust (PGIT) as the City's new Property, Liability and Workers' Compensation provider. Ms. DeCoste introduced Morgan Chaloupka, Risk Manager, and spoke about the following: Background and FMIT. Ms. Chaloupka said that the City hired an appraiser to assess our assets and she spoke about the insured value that was increased. She explained the different coverages that were increased. Ms. DeCoste said that we reduced cost but increased coverage. Commissioner Cruz said that this is great work. Vice Mayor Turkin said that this is a game changer, as usual. He thanked Ms. DeCoste. Commissioner Hay said that PGIT has a good track record, and getting more for less is a no-brainer. Commissioner Kelley mentioned that it pays to shop because we saved money, and she thanked the staff for doing this. 13 Meeting Minutes City Commission Meeting Boynton Beach, FL September 14, 2023 Mayor Penserga asked about the last time we did this. Ms. Chaloupka explained when we switched from PGIT to FMIT. Mayor Penserga thanked the staff. City Manager Dugger said that Ms. Chaloupka stepped up to the plate as the Interim Risk Manager and was just named permanent Risk Manager. Motion: Vice Mayor Turkin moved to approve item 7D. Commissioner Hay seconded the motion. The motion passed unanimously (5-0). 8. Public Hearing 6 p.m. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. AMP Warehouse Storage Building (CDPA 23-010) Interim City Attorney Tolces explained that this is a community design appeal. He swore in anyone that might speak on this item. Commissioner Kelley clarified that she did have a conversation with the representative from AMP. Fernando Nunez, applicant, said that they met the code on the other three sides and are asking for relief for one side. He explained what they are requesting and what they are proposing. He spoke about the following: 870 West Industrial Drive, Boynton Beach; existing site conditions; proposed site plan with landscaping; meeting the intent of the code; brief overview of the different changes being requested; new storage building facades and enlarged landscape plan at street; key benefits of proposed project; and sustainability aspects of the proposed project. Chris Angelo, owner of American Molding and Plastics, introduced himself and thanked the Commission for the opportunity to present. Jae Eun Kim, Planning and Zoning, spoke about the following: project location; 14 Meeting Minutes City Commission Meeting Boynton Beach, FL September 14, 2023 background- existing site; request; site plan and landscape plans; review criteria; and staff recommends approval. Commissioner Cruz left the dais at 8:40 P.M. and returned at 8:44 P.M. Mayor Penserga opened public comments, there were none. He closed public comments. Commissioner Kelley said that this is a prime example of making exceptions. She commended the applicants for going above and beyond. Commissioner Hay congratulated the applicants. Vice Mayor Turkin thanked the applicants for their hard work. Mayor Penserga said that he disagrees with all of the requirements. He stated that the applicants have been given the run around, and that the process was too long for a shed next to the highway, that nobody will see. He mentioned that the larger conversation is if we have a business come to them to invest in the City, why they are giving them a hard time. Commissioner Hay agreed with Mayor Penserga and said that we should make improvements when we see that it is needed, as a Commission. Mayor Penserga said that he would like the business community to know that they are making changes. Vice Mayor Turkin said that we cannot fix something if we do not identify the problem. Mayor Penserga said that there are a lot of people at the County level who have placed the blame on the Mayor and this administration. City Manager Dugger said that he knows this has been a long process. He stated that Mr. Angelo's company has helped the Utilities Department before. Mr. Angelo said that they have helped the City with a part that was needed for the water plant, and they were able to make the part in two days. He stated that it has been 2 years and 3 months that they have been dealing with this project. Motion: Vice Mayor Turkin moved to approve item 8A. Commissioner Hay seconded the motion. 15 Meeting Minutes City Commission Meeting Boynton Beach, FL September 14, 2023 The motion passed unanimously (5-0). B. Proposed Ordinance No. 23-016- Second Reading - Amending Chapter 27, "Advisory Boards and Committees." Interim City Attorney Tolces read the ordinance by title. He said that the shaded text are the same changes from first reading. Commissioner Kelley said that she made her position clear that they should not choose the art for the City. She stated that there was one item, line 376, to allow for internal appeals to be 30 days, not 60 days. Interim City Attorney Tolces mentioned that a lot of the appellate rights have to be appealed in 30 days, which is why he suggested this instead of 60, but it is their decision. Commissioner Kelley said that she was concerned with allowing more than 30 days, and does not support the appeal process at all, but would like to see it at 30 days. She stated that this was supposed to be an easy clean up and it became more complicated. Mayor Penserga clarified that Commissioner Kelley wants 30 days instead of 60 days for the appeal process, and that she does not want to limit where the artist should come from. Commissioner Hay concurred with Commissioner Kelley. He asked for clarification if they limited the location of the artist. Interim City Attorney Tolces read line 370. Commissioner Hay said that he does not agree with this line. He said that art is in the eye of the beholder. He stated that he would like to have it at 30 days appeal. Vice Mayor Turkin said that people have a voice, and unfortunately there was a lot of push back and that there was a process that did not work. He spoke about artist in the City, and that we should not limit this to the County. He said that he is okay with either 30 or 60 days. Commissioner Cruz spoke about line 188, and recommended keeping part of it because it was requested to stay. She said that the reason why we are doing this is because there was an outcry in the community, because they did not want a specific piece of art to be approved. She said that she brought this up because she is listening to the people who elected her. She thinks that they should have some veto power for items that are controversial. She said that she would like to move this as proposed, with 60 days. She 16 Meeting Minutes City Commission Meeting Boynton Beach, FL September 14, 2023 said that the Arts Board is an advisory board, and if there are concerns, they should have the opportunity to bring it up and bring accountability to the community. Commissioner Kelley said that she is standing firm with 30 days, and that there are lots of opportunities for the public to see the artwork. Commissioner Cruz said that the public is busy, and they might not know anything is happening when it comes to the board. She said that she would like to focus on the constituents. Vice Mayor Turkin said that he is a big advocate by doing what is right, and he supports Commissioner Cruz, with the correction to the military service. Mayor Penserga stated that there are legal concerns, and he will support 30 days, but if it becomes an issue in the future, he would not have an issue with moving it to 60 days. Interim City Attorney Tolces said that his reasoning is that he wants to have this consistent with other appeal processes that the City has, but it is up to the Commission. There was further discussion regarding 60 days versus 30 days; the art piece that was controversial; retroactive versus the ordinance moving forward; scrivener's error being corrected; and making separate motions. Motion: Commissioner Kelley moved to amend notice of appeal to be changed to 30 days versus 60 days. Commissioner Hay seconded the motion. In a roll call vote, the motion passed (3-2) with Vice Mayor Turkin and Commissioner Cruz voting in opposition. Motion: Commissioner Hay moved to amend preference for artist and location so that location is not limited to just Florida and replaced "with a preference with artists located in Palm Beach County." Commissioner Cruz seconded for discussion. Commissioner Cruz asked for this to be limited to Florida to be able to track the money. Commissioner Kelley asked to leave it open, with preference to Florida and in particular to Palm Beach County. She said that we are limiting the artists that are out there. Mayor Penserga said that he is open to finding out what happened and to have the City Manager come back with findings about this issue. 17 Meeting Minutes City Commission Meeting Boynton Beach, FL September 14, 2023 Commissioner Hay said that if something was done wrong in the past, it should not penalize everyone. He stated that we can preference Florida, and in particular, to Palm Beach County. Interim City Attorney Tolces asked if Commissioner Hay wanted to amend his motion to contain the language to preference for Florida-based artists, with a preference for Palm Beach County. Commissioner Hay said yes to preference. Interim City Attorney Tolces asked Commissioner Cruz if she agreed to the amendment as the person who seconded the motion. Commissioner Cruz said negative. Assistant City Manager Kathryn Matos spoke about the City not being involved in contracting the artists. She mentioned that the developer contracts directly with the artist. She said that the receipts are turned in by developers to show that the money was spent, but we are not involved, because it is on private property. Vice Mayor Turkin disagreed and spoke about accountability and transparency, and putting your money where your mouth is. He said that this would guarantee a local artist is chosen and we serve our community, because the word "guarantee" does not make a difference. He said he would like to support the local economy and artist. Commissioner Cruz asked if preference carries legal weight. Interim City Attorney Tolces gave an example of how preference should be given consideration. Commissioner Cruz asked what the penalties are for not going with the preference. Interim City Attorney Tolces explained what the consequences could be. He said that it is in the code, and it should be followed. He stated that if they do not, then it is up to a judge to decide if it is legally binding. Interim City Attorney Tolces clarified the motion and Mayor Penserga noted that Commissioner Cruz rejected the second. Interim City Attorney Tolces restated the motion. Mayor Penserga stated they need a 18 Meeting Minutes City Commission Meeting Boynton Beach, FL September 14, 2023 second. Commissioner Kelley seconded the motion. In a roll call vote, the motion failed (2-3) with Mayor Penserga, Vice Chair Turkin, and Commissioner Cruz voting in opposition. Motion: Vice Mayor Turkin moved to approve Ordinance No. 23-016, with the amendment of 30 days versus 60 days. Commissioner Cruz seconded the motion. Mayor Penserga opened public comments. Ace Tilton Radcliff spoke about public art and its benefits, and about Commissioners showing up only for part of their Art Board. She said that the Art Board already preferences local artists. She stated that 30 days is plenty of time to appeal. Phyllis Patelli said that she is a member of the Art Board. She thanked Vice Mayor Turkin for his priorities. She spoke about them considering operational necessities as a priority. She said that the board currently does not have to listen to anyone, including the Commissioners, because they are appointed by the Commissioners. She commented that local and Florida artists should always be a priority. There were no virtual comments. Mayor Penserga closed public comments. In a roll call vote, the motion passed unanimously (5-0). C. Ordinance No. 23-017- Second Reading - Amending Chapter 27, "Advisory Boards and Committees", Public Art Fee. Interim City Attorney Tolces read the ordinance by title. Commissioner Kelley said that she is happy with the previous additions. Commissioner Hay said he is good. Vice Mayor Turkin said he is good. Commissioner Cruz left the dais at 10:02 P.M. 19 Meeting Minutes City Commission Meeting Boynton Beach, FL September 14, 2023 Assistant City Manager Matos said that she would like to schedule a workshop simultaneously with the P&D to save time. Mayor Penserga opened public comments, there were none. He closed public comments. Motion: Vice Mayor Turkin moved to approve Ordinance No. 23-017. Commissioner Kelley seconded the motion. The motion passed unanimously (4-0). Commissioner Cruz was not present for the vote. D. Proposed Ordinance No. 23-018- Second Reading Wireless Communication Facility Annual Registration (CDRV 23-007). Interim City Attorney Tolces read the ordinance by title. Ms. Kim said that there are no changes from first reading. She summarized the original changes. Mayor Penserga opened public comments, there were none. He closed public comments. Commissioner Cruz returned to the dais at 10:06 P.M. Motion: Commissioner Hay moved to approve item 8D. Vice Mayor Turkin seconded the motion. The motion passed unanimously (5-0). E. Proposed Ordinance No. 23-019- Second Reading -8 Year General Employee Pension Plan. Interim City Attorney Tolces read the ordinance by title. Mayor Penserga opened public comments, there were none. He closed public comments. Motion: Vice Mayor Turkin moved to approve item 8E. Commissioner Hay seconded the motion. The motion passed unanimously (5-0). F. Proposed Ordinance No. 23-020- Second Reading - Boynton Beach Amendments to the 7th Edition (2020) of the Florida Building Code. 20 Meeting Minutes City Commission Meeting Boynton Beach, FL September 14, 2023 Interim City Attorney Tolces read the ordinance by title. John Kuntzman, Building Official, asked if there are any questions. Vice Mayor Turkin proposed an amendment to section 105.2. He said that he would like to double the cost to $2,000 or $2,500. Mr. Kuntzman said that this is for items that do not require a permit. He stated that historically is has been $1 ,000, but he does not have a problem of increasing it to $2,000. He gave examples of items that would fall into this category. Mayor Penserga opened public comments, there were none. He closed public comments. Motion: Vice Mayor Turkin moved to approve the amendment, as stated. Commissioner Cruz seconded the motion. The motion passed unanimously (5-0). Motion: Commissioner Hay moved to approve item 8F, as amended. Commissioner Cruz seconded the motion. The motion passed unanimously (5-0). 9. City Manager's Report — No items 10. Unfinished Business (con't) A. Discuss Town Square Investigation Scope of Work. Interim City Attorney said that he provided a memo in the packet. He stated that it is Commission's discretion to provide scope of work to his firm. Vice Mayor Turkin said that this is fact finding, but he would like to look at negligence and potential corruption. He stated that we have to identify problems of the past. Commissioner Kelley said that she wants to know what happened. She stated that her only concern is that we look into not running into confidentiality issues. She agrees that we need to know how we got here. Commissioner Hay stated that he supports this but wants to know what the purpose is. City Manager Dugger spoke about what happened historically, and said that it is important to identify the issues that happened, to avoid it in the future. 21 Meeting Minutes City Commission Meeting Boynton Beach, FL September 14, 2023 Interim City Attorney Tolces said that they are here to identify what occurred and provide recommendations on best practices to make the process better. He stated that they will work with the City Manager's Office to make sure they stay focused, with respect to performing the scope of work. City Manager Dugger spoke about alleviating civil liability but not criminal liability. Commissioner Cruz said that we want accountability and not to repeat mistakes. She asked if the law firm will do this. City Manager Dugger said that the investigation team already started, and information will be shared with the law firm. Mayor Penserga stated that he supports this being looked into. He said that they just want to learn to develop best practices. He asked what mechanisms will be put into place to assure that the findings are not questioned. Interim City Attorney Tolces said that his goal is to have other attorneys within the firm assist. He will not be the lead investigator, but will be the liaisons with the City Manager. He said that their recommendations will be provided based upon the facts that are uncovered. He noted that the final report will be impartial and not shaded to benefit any part, in respect to the actions that were taken. 12. Legal A. Proposed Ordinance No. 23-021- The abandonment of 30' wide unimproved right-of-way for the Shalimar project. Interim City Attorney Tolces ordinance read the title into the record. Mr. David Milledge, on behalf of the applicant, said that the PowerPoint was sent. Ms. Kim said that the PowerPoint was sent after the agenda was published. Mr. Milledge spoke about the parcel of land. He stated that staff has recommended approval. Commissioner Cruz asked why this was not included when the site plan approval was done. 22 Meeting Minutes City Commission Meeting Boynton Beach, FL September 14, 2023 Deputy City Manager Mack said that the applicant did not own the property at that time, but staff, as a condition, wanted it to be abandoned and added to the parcel. Commissioner Cruz asked whose property this is. Mr. Milledge said that the City owns it and is responsible for maintaining it, but they will take that responsibility. Commissioner Kelley asked if they have plans to add any more landscape with the buffer. Mr. Milledge said they will remove exotics, clean up the area, and maintain it. Motion: Vice Mayor Turkin moved to approve Ordinance No. 23-021. Commissioner Hay seconded the motion. In a roll call vote, the motion passed unanimously (5-0). B. Proposed Resolution No. R23-133- Annual Registration Application & Fee for Wireless Communication Facility corresponding to Ordinance No. 23-018. Interim City Attorney Tolces read the resolution title into the record. Ms. Kim spoke about the registration fees and requirements. Mayor Penserga opened public comments, there were none. He closed public comments. Motion: Vice Mayor Turkin moved to approve Resolution No. R23-133. Commissioner Kelley seconded the motion. The motion passed unanimously (5-0). 13. Future Agenda Items A. Adoption of Local Rules of Procedure and Quasi-Judicial Rules pertaining to all official meetings of the City Commission of Boynton Beach, requested by Mayor Penserga. - October 3, 2023 B. Discussion on best practices in regards to regulating tints for paraphernalia shops.- October 3, 2023 C. Report regarding sewer spill into intracoastal waterway. - October 17, 2023 D. Discussion regarding regulations to support local businesses.- November 7, 2023 E. Discussion regarding annexation options and procedures. — December 5, 23 Meeting Minutes City Commission Meeting Boynton Beach, FL September 14, 2023 2023 F. Discussion regarding existing regional programs and best practices to combat homelessness in the City. - March 19, 2024 G. Discussion regarding the Art Assessment Fee. —TBD H. Advisory Board Annual Reappointments and Appointments. - Tabled from April 4, 2023. 14. Adjournment Motion: Commissioner Hay moved to adjourn the meeting. Commissioner Cruz seconded the motion. The motion passed unanimously (5-0). There being no further business to discuss, the meeting was adjourned at 11:17 P.M. CITY OF BOYNTON BEACH ATTEST: c,\TY OFA. Maylee De J- •6s, MMC ' � � • moo; City Clerk '• 1°�a o 24