Minutes 10-03-23 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 Tuesday, October 3, 2023, at 6:00 P.M.
Present:
Mayor Ty Penserga Daniel Dugger, City Manager
Vice Mayor Thomas Turkin David Tolces, Interim City Attorney
Commissioner Angela Cruz Maylee De Jesus, City Clerk
Commissioner Woodrow L. Hay
Commissioner Aimee Kelley
1. Agenda Items
A. Call to Order - Mayor Ty Penserga
Mayor Penserga called the meeting to order at 6:00 P.M.
Roll Call
City Clerk Maylee De Jesus called the roll. A quorum was present.
Invocation by Pastor Amalie Ash, First Presbyterian Church.
Invocation was given by Pastor Ash.
Pledge of Allegiance to the Flag led by Commissioner Aimee Kelley
Commissioner Kelley led the Pledge of Allegiance to the Flag.
Agenda Approval:
1 . Additions, Deletions, Corrections
Mayor Penserga stated that he would like to move up item #10A to after Public Audience.
Commissioner Kelley stated that she has concerns with fleet and fleet management, in
regards to production and parts, if staff can provide an update, due to the auto strike, and
would like this on Future Agenda.
Commissioner Cruz stated that she does not see her two items that she mentioned at a
prior meeting on the agenda, under Future Agenda.
2. Adoption
Motion:
Vice Mayor Turkin moved to approve the agenda as amended. Commissioner Hay
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seconded the motion. The motion passed unanimously.
2. Other
A. Informational items by the Members of the City Commission.
Commissioner Cruz stated that she spoke to two residents regarding item #5A.
Vice Mayor Turkin stated that he received emails from all of the applicants outside of
Margaret Roberts from the Arts Advisory Board, and that he spoke to a few CRA Advisory
Board Members. He mentioned that he spoke to members of the Business Development
Board concerning item #11A.
Commissioner Hay stated that he received emails regarding item #5A, concerning the
appointments. He said that his church celebrated their 115th Anniversary and thanked
the Mayor for his comments during their celebration.
Commissioner Kelley said that she received some emails regarding #5A too.
Mayor Penserga said that he did not have any disclosures.
3. Announcements, Community and Special Events and Presentations
A. Career Online High School Graduate - Certificate of Achievement.
Mayor Penserga introduced the two students that are graduating. He presented plaques
to them.
Ange Lucie thanked everyone at the City that helped her get this certificate and her family.
Veronica Caraballo thanked the City for this opportunity. She said that third time is a
charm, and she thanked her family for their support.
Jeannie Taylor, Library Director, spoke about the program, and how many people have
graduated through this program
B. Announcement of Fall Festival
Mayor Penserga announced the festival and what will be included.
C. Announcement of Senior Health Fair
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D. Announcement of the City of Boynton Beach First Friday at 5 Concert,
celebrating Hispanic Heritage Month. This event is free and open to the public
and will take place on Friday, October 6, 2023 from 5:00 P.M. to 9:00 P.M. at
Centennial Park and Amphitheater.
Mayor Penserga announced the event and the band that will be playing.
Commissioner Cruz gave a shout out to the Events and Marketing Team for working on
this event. She said that it is a great opportunity to showcase the local Hispanic vendors.
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).
Mark Karageorge thanked the Mayor for attending the 115th St. John Anniversary
Celebration. He gave a shout out to Commissioner Hay for all that he has done for the
City.
Mack McCray spoke about government and civility, and said that he witnessed
unprofessionalism amongst the Commissioners last meeting. He said that there was
disrespect amongst the Staff and Commissioners. He mentioned that speakers are
allowed 3 minutes, no matter what they say. He stated that the decorum for the citizens
should be for the Commissioners too. He said that the Commissioners should go through
metal detectors as well.
James Young said that he is a citizen of Boynton and is trying to find a job, and he has no
support from the Mayor or Commissioners. He stated that he would like to have help from
someone, for him to get a job.
Dennis Caraballo said that his job is hiring, and he is able to help the resident get a job.
Mario Guzman announced that Monday, October 16 to Friday, October 20 we will be
having a Vegetation Amnesty Week, where nobody has to pay extra for large amounts of
pickup.
Veronica Carabello stated that they have been having problems with water going down
the sewage, and it is starting to break the road.
10A. Proposed Resolution No. R23-140- Approval of In House Attorney
Employment Letter (Contract).
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Tennille DeCoste, Director of Human Resources and Risk Management, spoke about
the negotiation process, and said that the final step is to approve the agreement.
Vice Mayor Turkin thanked Ms. DeCoste for addressing his concerns.
Commissioner Cruz said that regarding section 13.1, one of the reasons they wanted
an Inhouse Attorney was to have them fully here, and not allow outside consulting.
Vice Mayor Turkin asked if there is a need for Commission approval, if any other side
work is going to be done.
Interim City Attorney Tolces said that if she decides to do something down the road,
she could request permission, such as teaching.
Vice Mayor Turkin said that agrees with the concerns, he would be okay with 13.1 ,
with the amendment that she is able to do side work after 5 P.M.
Commissioner Hay asked if this is the first time they are seeing this agreement.
Ms. DeCoste explained the steps to get to this point.
Commissioner Hay said that what the Attorney does after hours is their own business,
and if there is a conflict down the road, they have the right to address that. He stated
that as long as work is not affected, he is fine with this.
Commissioner Kelley asked if this is something that was asked for within the
agreement.
Ms. DeCoste said that this is standard with other City employment letters.
Commissioner Kelley spoke about how there are Attorneys that teach at different
conferences, and that there is a benefit to it. She suggested that the language may
be tightened up a little bit.
Shawna Lamb stated that as a City employee, she will be doing City work, and that
will extend to anything that belongs to the City, such as equipment. She said that she
takes time off to go to court, if needed. She mentioned that there are benefits to the
City, by her being able to speak at events or conferences. She said that she has no
interest in consulting, but would like to be able to teach, for CLE points.
Commissioner Cruz asked if CLE is continuing education.
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Ms. Lamb responded yes.
Commissioner Cruz said that during the interview she asked if the City was going to
be their sole source of income. She stated that for continuing education, she has no
problem with that. She mentioned that she would not want any conflict with
representing someone else.
Ms. DeCoste stated that they can remove the outside consulting wording from the
contract.
Ms. Lamb suggested removing the language "5 P.M. and outside consulting or other
business opportunities," and limit it to education.
Mayor Penserga said that if they ask people to teach, it is a point of pride.
Interim City Attorney Tolces read the resolution by title.
Motion:
Commissioner Cruz moved to approve Resolution No. R23-140, with the amendment to
13.1 . Commissioner Kelley seconded the motion. The motion passed unanimously.
5. Administrative
A. Advisory Board Annual Reappointments and Appointments. - Tabled from
April 4, 2023.
AFFORDABLE HOUSING ADVISORY COMMITTEE
Mayor Penserga moved to appoint Tara Okler to the Low-Income Persons position
on the AHAC.
Vice Mayor Turkin moved to appoint Amanda Radian to the Serving on a Local
Planning Agency position on the AHAC.
Motion
Commissioner Cruz moved to approve the appointments to the AHAC. Vice Mayor Turkin
seconded the motion. The motion passed unanimously.
ART ADVISORY BOARD
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Vice Mayor Turkin moved to appoint Susan Froehlich to the Regular position on the Art
Advisory Board.
Commissioner Hay moved to appoint Margaret Roberts to the Regular position on the Art
Advisory Board.
Commissioner Kelley moved to appoint Ace Tilton Ratcliff to the Alternate position on the
Art Advisory Board.
Mayor Penserga moved to appoint Breion Moses to the Alternate position on the Art
Advisory Board.
Motion
Commissioner Hay moved to approve the appointments. Commissioner Kelley seconded
the motion. The motion passed unanimously.
CRA ADVISORY BOARD
Mayor Penserga moved to appoint Eric Anderson to the Regular position on the
Community Redevelopment Agency Advisory Board.
Vice Mayor Turkin moved to appoint Alexandria Lopresto to the Regular position on the
Community Redevelopment Agency Advisory Board.
Commissioner Cruz moved to appoint Courtlandt McQuire to the Regular position on the
Community Redevelopment Agency Advisory Board.
Commissioner Hay moved to appoint Chevette Gadson to the Regular position on the
Community Redevelopment Agency Advisory Board.
Commissioner Kelley moved to appoint Naomi Cobb to the Regular position on the
Community Redevelopment Agency Advisory Board.
Motion
Commissioner Cruz moved to approve the appointments. Commissioner Hay seconded
the motion. The motion passed unanimously.
EDUCATION AND YOUTH ADVISORY BOARD
Mayor Penserga moved to appoint Valorie Valcourt to the Regular position on the
Education and Youth Advisory Board.
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Vice Mayor Turkin moved to appoint Teresa Kasey-McClendon to the Regular position
on the Education and Youth Advisory Board.
Commissioner Hay moved to appoint Francois Calixte-Dieuvil to the Regular position on
the Education and Youth Advisory Board.
Mayor Penserga moved to appoint Gloria Nguyen to the student position on the Education
and Youth Advisory Board.
Vice Mayor Turkin moved to appoint Odalis Veloso to the Student position on the
Education and Youth Advisory Board.
Motion
Commissioner Cruz moved to approve the appointments. Commissioner Hay seconded
the motion. The motion passed unanimously.
HISTORIC RESOURCES PRESERVATION BOARD
Mayor Penserga moved to appoint Bradley Jackson to the Regular position on the Historic
Resources Preservation Board.
Vice Mayor Turkin moved to appoint Thomas Ramiccio to the Regular position on the
Historic Resources Preservation Board.
Commissioner Cruz moved to appoint Roy Smith to the Regular position on the Historic
Resources Preservation Board.
Motion
Vice Mayor Turkin moved to approve the appointments. Commissioner Hay seconded the
motion. The motion passed unanimously.
LIBRARY BOARD
Commissioner Cruz moved to appoint Marcia Levine to the Regular position on the
Library Board.
Commissioner Hay moved to appoint Lindsay Karten to the Regular position on the
Library Board.
Commissioner Kelley moved to appoint Ellen Jones to the Regular position on the Library
Board.
Mayor Penserga moved to appoint Joel Barsky to the Regular position on the Library
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Board.
Motion
Commissioner Kelley moved to approve the appointments. Commissioner Hay seconded
the motion. The motion passed unanimously.
RECREATION AND PARKS BOARD
Commissioner Kelley moved to appoint Sarah Beveridge to the Regular position on the
Recreation and Parks Board.
Mayor Penserga moved to appoint Julie Hines to the Regular position on the Recreation
and Parks Board.
Vice Mayor Turkin moved to appoint Belinda Lasky to the Regular position on the
Recreation and Parks Board.
Motion
Vice Mayor Turkin moved to approve the appointments. Commissioner Kelley seconded
the motion. The motion passed unanimously.
6. Consent Agenda
A. Proposed Resolution No. R23-135- Amendment FY 2022-23 Mausoleum
Fund 632.
B. Purchases for over $10,000 - August 2023
C. Bid Extensions and Piggy-Back Under $100,000.
D. Proposed Resolution No. R23-136- 1st Amendment to Athletic Angels
Foundation, Inc. Facility Use Agreement
E. Proposed Resolution No. R23-137- NFL Grassroots Grant Fiscal Support
Agreement with Youth Enrichment Association for Academics and
Athletics, Inc.
F. Legal Invoices July/August 2023.
G. Commission Meeting Minutes.
Motion:
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Commissioner Cruz moved to approve the consent agenda. Vice Mayor Turkin
seconded the motion. The motion passed unanimously.
7. Consent Bids and Purchases over $100,000
A. Increase the estimated annual expenditure of the State of Florida Contract
# 25172500-19-ACS with Easy Pay Tires.
B. Proposed Resolution No. R23-138- Bid No. UTL23-030 for West Wellfield
Electrical Upgrade - 4W, 5W ,7W and 8W Project.
C. Installation of utilities equipment canopies for portable generator storage.
D. Proposed Resolution No. R23-139- Ezell Hester Park Improvements-
Change order to PO 231014.
E. Bid Extensions and Piggy-Back Over $100,000.
Commissioner Hay pulled item #7D.
Motion:
Commissioner Hay moved to approve the Consent Bids and Purchases over $100,000,
as amended. Vice Mayor Turkin seconded the motion. The motion passed
unanimously.
7D. Proposed Resolution No. R23-139- Ezell Hester Park Improvements-
Change order to PO 231014.
Mario Guzman, Public Works Director, spoke about the agenda that they will speak
about.
Carl Frumenti, Project Manager III, spoke about the following: project update; field
drainage, and parking lot drainage; field laser grading and turf installation; field turf
logos; landscaping and irrigation; work in process- grandstand and bleachers
foundation; and proposed concession and restroom building.
Mr. Guzman spoke about funding for the different phases, and moving some
components around from one phase to another.
Commissioner Hay asked who does the approving of the grade field.
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Mr. Frumenti spoke about the process that is done for the grading of the field.
Commissioner Hay asked what the timeline is for completion.
Mr. Guzman said February 2024, and said that they lowered the cost by $250K.
Commissioner Hay asked if parking will be part of the first phase.
Mr. Frumenti responded yes.
Commissioner Hay invited everyone to take a look at this field, because it looks
amazing.
Andrew Mack, Deputy City Manager, stated that they used a local vendor on this
project, and the total expenditure will be kept within the City.
Commissioner Cruz thanked staff for maintaining the dollars in the City.
Motion:
Commissioner Kelley moved to approve Resolution No. R23-139. Commissioner Hay
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.
A. Proposed Ordinance No. 23-021- Second Reading - The abandonment of
30' wide unimproved right-of-way for the Shalimar project.
Interim City Attorney Tolces read the ordinance into the record.
David Millage, applicant for the project, spoke about the conditions of approval.
Shiloh Toler, Engineer I, said that staff recommends approval.
Mayor Penserga opened the floor to public comments, there were none so he closed
public comments.
Motion
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Vice Mayor Turkin moved to approve Ordinance No. 23-021. Commissioner Hay
seconded the motion. In a roll call vote, the motion passed unanimously.
9. City Manager's Report- None
10. Unfinished Business
A. Proposed Resolution No. R23-140- Approval of In House Attorney
Employment Letter (Contract)
This item was heard after Public Audience.
11. New Business
A. Discussion on best practices in regards to regulating tints for paraphernalia
shops.
Vice Mayor Turkin thanked Interim City Attorney Tolces for getting this discussion
together and looking into this. He said that there should be some form of consistency
with all of the stores, and recommends creating some ordinance where paraphernalia
shops are tinted. He said that we should be mindful of what we are hearing from
residents.
Interim City Attorney Tolces said that he provided a memo regarding regulating
displays, with two possible avenues to go. He explained the two avenues, and said
that it is a Commission policy that they have to make. He mentioned that there is a
certain amount of visibility that is required, through code for the downtown. He stated
that they should look into how many businesses will be impacted.
Commissioner Kelley said that she thinks displays would be a better option, instead
of looking at black window fronts.
Mayor Penserga asked if the tinting or the visibility of the products is the problem.
Vice Mayor Turkin stated that the visibility is the concern.
Mayor Penserga said that there are different ways to address this concern.
Vice Mayor Turkin said that regarding consistency, there are a lot of businesses and
some are tinted, some are not. He stated that he would like uniformity across the City.
Commissioner Hay stated that the concern is that the businesses were set up to sell
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their products. He suggested that the businesses just have the items out of sight. He
asked if we really have a problem or are we creating one. He mentioned that he is
against tinting and would like the items out of sight.
Vice Mayor Turkin stated that they each represent their constituents, and that his
constituents have voiced their concerns, and he would support the other
Commissioners with their concerns as well. He said that this is about solving
problems.
Commissioner Cruz stated that she completely agrees, and says that the Town of
Lauderdale by the Sea has regulated this, and that she would support something
similar. She said that they definitely should consider what is important to different
Commissioners. She mentioned that she wants to support this moving forward, and
asked if this would be moving forward.
Interim City Attorney Tolces said that is correct.
Commissioner Cruz said that we need to move quick on this, and that there was a
new legislation regarding businesses that might affect this.
Interim City Attorney Tolces spoke about the two new statute that might affect any
new laws about this.
Commissioner Hay clarified that he is a Commissioner for all of the City, he is just
concerned that this is done correctly, but would like to make sure this is addressed.
Vice Mayor Turkin said that he does not know the issues in other districts as well as
the ones in his district, and that each Commissioner has a better pulse on what is
happening in their districts. He commented that this will be complicated, but he would
like staff to look at potentially being retroactive with the new rule, so that everyone
who is already established has to follow the rules.
Commissioner Cruz said that if another municipality was able to do this, we should
be okay to be able to regulate the display.
Mayor Penserga stated that there is consensus on some sort of policy change that
staff will work on.
12. Legal
13. Future Agenda Items
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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 17, 2023
B. Report regarding sewer spill into intracoastal waterway. - October 17, 2023
C. Discussion regarding regulations to support local businesses.- November 7,
2023
D. Discussion regarding annexation options and procedures. — December 5, 2023
E. Discussion regarding existing regional programs and best practices to combat
homelessness in the City. - March 19, 2024
F. Discussion regarding the Art Assessment Fee. - TBD
14. Adjournment
Motion
Commissioner Cruz moved to adjourn the meeting. Commissioner Hay seconded the
motion. The motion passed unanimously.
There being no further business to discuss, the meeting was adjourned at 7:39 P.M.
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