Minutes 06-07-22 Minutes of the City Commission Meeting
Held Online Via the GoToWebinar Platform and
In-Person at the City Hall Commission Chambers
100 East Ocean Avenue, Boynton Beach, Florida
On Tuesday, June 7, 2022, at 6:00 P.M.
Present:
Mayor Ty Penserga James Stables, Interim City Manager
Vice Mayor Angela Cruz Mike Cirullo, Deputy City Attorney
Commissioner Woodrow L. Hay Tammy Stanzione, Deputy 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 6:12 P.M.
Roll Call
Deputy City Clerk Tammy Stanzione called the roll. A quorum was present.
Invocation by Rabbi Michael Simon, Temple Beth Kodesh
Due to technical difficulties with Rabbi Michael Simon, the Invocation was given by
Commissioner Hay.
Pledge of Allegiance to the Flag led by Commissioner Kelley
Commissioner Kelley led the Pledge of Allegiance to the Flag.
Agenda Approval:
1. Additions, Deletions, Corrections
Mayor Penserga added an item about attendance at the Leagues of Cities Conference.
Mayor Penserga stated that staff requested the removal of Item 7b.
Commissioner Turkin asked legal counsel if it was possible to table Items 12b and 12c.
Attorney Cirullo replied that it could be tabled but recommended the item be addressed
at the next meeting in the event it affects next fiscal year. Mayor Penserga suggested the
Commission ask for more information when the items come up on the agenda and if the
information is not sufficient, they could table the items.
Commissioner Kelley asked to add an update on Harvey Oyer Jr. Park and the status of
the renovation. Mayor Penserga added the item to the City Manager's report.
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Boynton Beach, FL June 7, 2022
Vice Mayor Cruz asked to add an item to Future Agenda on requiring a minimum
commercial space percentage to mixed-use developments.
2. Adoption
Motion
Vice Mayor Cruz moved to approve the agenda as amended. Commissioner Turkin
seconded the motion. The motion passed unanimously.
2. Other
A. Make Informational items by the Members of the City Commission.
Commissioner Hay noted Feeding South Florida has changed from Thursday to Saturday
morning. He announced the upcoming Juneteenth celebration.
Vice Mayor Cruz announced the Boynton Beach Food, Wine, and Brew Fest will be held
on June 16.
Commissioner Turkin announced that the Lionfish Derby will be on June 12 at the Marina.
3. Announcements, Community And Special Events And Presentations
A. Announce Community Input Meeting for the Parks System Master Plan at
the Boynton Beach Arts & Cultural Center Event Hall (125 E. Ocean
Avenue) on June 8, 2022, at 6:30 p.m. Announce Community Input
Meeting for the Parks System Master Plan at the Boynton Beach Arts &
Cultural Center Event Hall (125 E. Ocean Avenue) on June 8, 2022, at 6:30
p.m.
Mayor Penserga announced the Community Input Meeting.
B. Proclamation recognizing June 19, 2022, as Juneteenth Day, a celebration
of freedom. Boynton Strong members Irwin Cineus, Tiki L. Newton and
Tory Orr will accept the proclamation.
Mayor Penserga read the proclamation. Boynton Strong members Irwin Cineus, Tiki
L. Newton and Tory Orr accepted the proclamation and expressed appreciation.
Commissioner Hay referenced flyers with more information about Boynton Beach's
Juneteenth celebration.
C. June 19, Proclamation recognizing June 2022 as Alzheimer's and Brain
Awareness Month. David Chaves Lopez, Bilingual Program Manager of
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the Alzheimer's Association - Southeast Florida
Mayor Penserga read the proclamation. Vice Mayor Cruz thanked the Alzheimer's
Association. She asked for the water tower to be turned purple in recognition. Interim
City Manager Stables confirmed that was possible. David Chaves Lopez accepted
the proclamation and thanked the Commission. He shared information about
Alzheimer disease within Palm Beach County.
D. Proclamation recognizing the month of June 2022 as National
Homeownership Month. Habitat for Humanity of South PBC CEO and
President Jennifer Thomason will accept the proclamation.
Mayor Penserga read the proclamation. Habitat for Humanity of South PBC CEO and
President Jennifer Thomason accepted the proclamation and shared information
about homeownership within Boynton Beach.
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)
Bernard Wright, CEO Bernard Wright Ministries, spoke on the restoration of the baseball
diamond and the pool. He also read research on kids from fatherless homes. He asked
for continued justice for SJ.
Cassandra Corbin Thaddeus, from Connect to Greatness, spoke on mindfulness and
yoga for their students and a partnership with Soil and Soul.
Edward Tedman asked for driver access for the library book drop.
Evangeline Ward, 1518 North Seacrest Boulevard, asked about increased security for
local events and programs.
Rick (no last name given) expressed concerned about safety for dirt bikes. He asked for
a dedicated space to ride dirt bikes and implementation of a City ordinance that protects
travel to and from the dedicated area and to and from gas stations.
Bryce Graham, Second Vice President National Network Central Florida Chapter,
demanded justice for Stanley Dale Davis Ill.
Wesley Schuyler, 618 Northwest 2nd Street, spoke about the investigation and
demanded the firing of Mark Sohn.
Mayor Penserga noted there were no virtual speakers and he closed Public Audience.
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5. Administrative
A. Appoint eligible members of the city to of the community to serve in vacant
positions on City advisory boards.
Motion:
Commissioner Turkin nominated Alexander Ranbom as an alternate the Building
Board of Adjustments and Appeals. Commissioner Hay seconded the motion. The
motion passed unanimously.
Motion:
Commissioner Turkin nominated Nicole Padro as an alternate to the Education and
Youth Advisory Board. Vice Mayor Cruz seconded the motion. The motion passed
unanimously.
Motion:
Commissioner Turkin nominated Alexander Ranbom as an alternate to the Historic
Resources and Preservation Board. Vice Mayor Cruz seconded the motion. The motion
passed unanimously.
Motion:
Commissioner Kelley nominated Nicole Padro as a regular member to the Library
Board. Vice Mayor Cruz seconded the motion. The motion passed unanimously.
Motion:
Vice Mayor Cruz nominated Danny Ferrell as a regular member to the Senior
Advisory Board. Commissioner Hay seconded the motion. The motion passed
unanimously.
Motion:
Commissioner Hay nominated Ann Cwyner as an alternate to the Senior Advisory
Board. Commissioner Turkin seconded the motion. The motion passed unanimously.
B. Ratify the selection of Sandra Watson as the Chair and Judi Lyman as the
Vice Chair of the Senior Advisory Board
Motion:
Vice Mayor Cruz motioned to ratify the selection. Commissioner Hay seconded the
motion. The motion passed unanimously.
6. Consent Agenda
A. Accept the written report to the Commission for purchases over $10,000
for the month of April 2022.
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B. Approve the one-year extension for RFPs/Bids and/ or piggy-backs for the
procurement of services and/or commodities under $100,000 as described
in the written report for June 7, 2022 -"Request for Extensions and/or
Piggybacks."
C. Approve an annual blanket for East Coast Mulch in the amount of
$85,000.00 for park, playground, and various City buildings/facilities
piggybacking the Southeast Governmental Contract Award #E-04-22 for
the period of the contract which expires on November 14, 2022, with an
annual expenditure of$125,000. The City of Pompano Beach's bid process
satisfies the City's competitive bid requirements.
D. Accept FY2021-2022 second quarter report on operations of the
Schoolhouse Children's Museum.
E. Authorize the Finance Department to reduce the Allowance for
Uncollectible Accounts and the Accounts Receivable Accounts by
$1,009,666.96. This amount reflects unpaid ALS Transportation billings
that have been in collections for 12 months or longer. This write off is for
2017 uncollected EMS-Transport revenue.
F. Proposed Resolution No. R22-073 - Approve and authorize the Interim City
Manager to sign the Mutual Aid Agreement between the City of Boynton
Beach and Phillips and Jordan for hurricane/disaster debris removal as
provided for under the Solid Waste Authority's Mutual Aid Agreement No
22-201 C with the same terms and conditions.
G. Proposed Resolution No. R22-074 - Approve and authorize the Interim City
Manager to sign an End User Professional Services Agreement with
Thompson Consulting Services, LLC for debris monitoring services as
provided for under the Solid Waste Authority of Palm Beach County
Agreement No. 22-202 with the same terms and conditions.
H. Proposed Resolution No. R22-075 - Approve and ratify the Collective
Bargaining Agreement between the City and the Boynton Beach
Association of Fire Fighters Florida Local 1891 of the IAFF for the term
October 1 , 2022, through September 30, 2025.
I. Proposed Resolution No. R22-076 - Approve and authorize the Interim City
Manager to sign the Interlocal agreement between the City of Boynton
Beach and the Town of Lantana for water main interconnection.
J. Proposed Resolution No. R22-077 - Approve and authorize the Mayor to
sign a grant application to the Florida Division of Emergency Management
(FDEM) for the Hazard Mitigation Grant Program Watershed Planning
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Initiative (WPI), execute all documents associated with the grant, accept
the grant, and execute the Grant Agreement subject to the approval of the
City Attorney.
K. Accept Proposed Resolution No. R22-078 - Approve and authorize the
Mayor to sign the First Amendment to the Interlocal Agreement between
the City of Boynton Beach and the Boynton Beach Community
Redevelopment Agency to provide for the forgiveness of the local
government contribution under the Florida Housing Finance Corporation
loan program for the Ocean Breeze East project as part of the promissory
note and loan agreement.
L. Approve minutes from the May 17, 2022, City Commission meeting, May
18, 2022, Workshop meeting and May 20, 2022 Special meeting.
Mayor Penserga pulled Item 6E for discussion. Commissioner Hay confirmed he
always wanted to pull 6E for discussion.
Commissioner Turkin pulled Item 6H.
Motion:
Commissioner Hay moved to approve the remainder of the consent agenda. Vice Mayor
Cruz seconded the motion. The motion passed unanimously.
Mayor Penserga read Item 6E.
Interim Fire Chief Hugh Bruder explained that the write off is required by State law. He
noted that the write off is slightly less than the prior year.
Mayor Penserga asked if there have been process changes in recent years.
Chief Bruder replied yes. He explained that billing has been outsourced to Digitech and
through the digital process they are able to increase revenue collection between 8-10
percent.
Commissioner Hay asked if it is standard to outsource collection. Chief Bruder explained
the collection timeline and process. He mentioned that they may explore an option to sell
the debt.
Interim City Manager Stables added additional comment.
Motion:
Commissioner Hay moved to approve Item 6E. Vice Mayor Cruz seconded the motion.
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The motion passed unanimously.
Mayor Penserga read Item 6H.
Interim City Manager Stables provided an overview on the item.
In response to Commissioner Turkin's question, Interim City Manager Stables clarified
that the City does not have part-time firefighters.
Commissioner Turkin asked counsel if ARPA funds could be used to alleviate this item.
City Attorney Cirullo said that they could look into that request further with staff. Interim
City Manager Stables said that ARPA funds cannot be used for personnel.
Vice Mayor Cruz asked about the effective date. Interim City Manager Stables replied
that they are aiming for January 2023. She asked if they could give preference to Palm
Beach County applicants. Interim City Manager Stables stated that he does not know that
answer. City Attorney Cirullo added that he could discuss further with the Interim City
Manager.
Commissioner Kelley asked how long the hiring process is. Interim City Manager Stables
said that it was condensed, and they plan to have the hiring completed in October,
November, and December. He said that recruiting began on June 1, 2022.
Motion:
Commissioner Hay moved to approve Item 6H. Vice Mayor Cruz seconded the motion.
The motion passed unanimously.
7. Consent Bids and Purchases over $100,000
A. Accept the Proposed Resolution No. R22-079 — Award of Bid No. PWE22-
013 for "Industrial Way Drainage Improvements - Phase I", and authorize
the Interim City Manager to sign a contract and issue a purchase order to
the lowest responsive and responsible bidder, R & D Paving, LLC of West
Palm Beach, Florida, in the amount of $1 ,007,061 .00, plus a 10%
contingency in the amount of $100,706.10.
B. Proposed Resolution No. R22-080 - Amend the FY 2021-22 budget, which
will adjust budgeted appropriations and revenue sources and provide
spending authority to Award Task Order No. F05-2022, Links Golf Course
— Restrooms and Golf Ball Dispensary through the use of Bid No. 028-
2511-20/RW (Minor Construction Services) to Anzco, Inc. of Boca Raton
as the lowest responsive, responsible bidder in the total amount of
$245,670.00.
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C. Proposed Approve the one-year extension for RFPs/Bids and/ or piggy-
backs for the procurement of services and/or commodities over $100,000
as described in the written report for June 7, 2022 - "Request for
Extensions and/or Piggybacks."
Mayor Penserga pulled 7A and reminded the Commission that Item 7B was removed
per staff request.
Motion:
Vice Mayor Cruz moved to approve the remainder of the consent bids and purchases
over $100,000. Commissioner Hay seconded the motion. The motion passed
unanimously.
Mayor Penserga read Item 7A.
City Engineer Gary Dunmyer provided background on the item and how funding would
be used.
Commissioner Hay asked to see the link of priority road projects within the City. Mr.
Dunmyer confirmed that he would share the information.
Interim City Manager Stables provided additional comment in support.
Motion:
Commissioner Hay moved to approve Item 7A. Vice Mayor Cruz seconded the motion.
The motion passed unanimously.
8. Public Hearing
A. Accept the Proposed Ordinance No. 22-013 - Second Reading - Approve
amendments to the Land Development Regulations, Chapter 3, Article III.
Zoning Districts and Overlay Zones; Chapter 3, Article IV, Section 5.
Nonconforming Uses; and Chapter 4, Article IX, Section 6. Historic
Preservation Requirements to promote, incentivize and facilitate the
preservation of historically designated properties in the City.
City Attorney Cirullo read the proposed ordinance into the record.
Mayor Penserga opened public comment. No one came forth to speak on the item.
Mayor Penserga closed public comment.
Motion:
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Vice Mayor Cruz moved to approve Ordinance 22-013. Commissioner Hay seconded
the motion. In a roll call vote, the motion passed unanimously (5-0).
B. Approve request for Master Plan Modification (MPMD 22-001) for Shalimar
at Boynton Beach to establish project density and intensity, maximum
building heights, land use distribution, and vehicle pedestrian circulation
design. Applicant: Rene Gutierrez. TM Residential LLC. Approve request
for New Major Site Plan (NWSP 22-001) for Shalimar at Boynton Beach to
allow the construction of a mixed-use development consisting of 250
residential units, two (2) 2,150 square foot retail buildings, a 9,850 square
foot clubhouse, and associated site improvements. Applicant: Rene
Gutierrez, TM Residential LLC.
This item is tabled to the June 21 , 2022, City Commission Meeting. City Attorney
Cirullo stated that it may be tabled further into July.
9. City Manager's Report
Public Works Director Mario Guzman provided an update on Harvey Oyer Jr. Park and
the kayak launch.
Commissioner Kelley expressed concern about properly notifying the public regarding the
boat ramp closure date. Mr. Guzman replied that they will work with Marketing to give at
least 3-4 weeks' notice to the public.
10. Unfinished Business
A. Continue discussion on City Manager search process.
Julie Oldbury, Director of Human Resources and Risk Management, referenced the
proposed search timeline that was included in the meeting backup. She confirmed that she
needs direction from the Commission in order to post the job. She noted that the job
description was provided to each Commissioner for review.
Mayor Penserga supports posting the position as soon as possible.
Consensus was reached to release the position notice.
Commissioner Kelley requested that Ms. Oldbury provide regular updates at future
Commission meetings.
11. New Business
Mayor Penserga asked the Commission how many were interested in attending the League
of Cities Conference. The conference will be held November 17-19 in Kansas City, MO.
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All Commissioners confirmed their interest in attending.
Mayor Penserga expressed interest in attending an Executive Education session the day
prior to the conference. Commissioner Kelley would be interested in attending that class as
well and will check her schedule.
Interim City Manager Stables asked all Commissioners to individually speak to Candace or
Kendra to arrange registration and travel.
12. Legal
A. Proposed Ordinance No. 22-014 - First Reading - Approve the request for
historic designation of 330 NW 1st Avenue, and the addition of this 1924,
Mission Style, one-story single-family house to the City's Local Registry of
Historic Sites. Applicant: Edward J. Bradley, property owner.
City Attorney Cirullo read the proposed ordinance by title.
Mayor Penserga opened public comment. No one came forth to speak on the item.
Mayor Penserga closed public comment.
Motion:
Commissioner Hay moved to approve Ordinance 22-014. Commissioner Kelley
seconded the motion. In a roll call vote, the motion passed unanimously (5-0).
B. Proposed Resolution No. R22-081 - Approve and authorize the Mayor to sign
the Non-Ad Valorem Special Assessment agreement between Dorothy Jacks,
as Palm Beach County Property Appraiser, and City of Boynton Beach, to use
the uniform method for the levy and collection of a non-ad valorem special
assessment for canal aquatic maintenance services for the Lake Eden Four
Canals and Lake Shore Haven Canal.
Commissioner Turkin said that he wants to speak to more residents in his district about
this item.
Poonam Kalkat, Utilities Director, provided background on the item.
City Attorney Cirullo provided additional comment about the process.
Mayor Penserga asked about the amount of assessment per household annually.
A discussion ensued about the assessment and the canal maintenance.
Mayor Penserga opened public comment.
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Mike Fitzpatrick, 175 Southwest 2nd Street, spoke on private ownership of the canals.
Rick (no last name) suggested de-privatizing the canals and then assess the canals with
the Army Corps of Engineers.
Mayor Penserga closed public comment.
C. Proposed Resolution No. R22-082 - Approve and authorize the Mayor to sign
an Interlocal Agreement between Anne M. Gannon as Constitutional Tax
Collector for Palm Beach County, and City of Boynton Beach, for the
implementation and collection of the City's non-ad valorem assessments noted
in Resolution No. R21-175 for Canal Maintenance Services the Lake Eden
Four Canals and Lake Shore Haven Canal adopted December 7, 2021 , by the
City of Boynton Beach.
Motion:
Commissioner Kelley moved to table Item 12B and 12C. Commissioner Turkin
seconded the motion. In a voice vote, the motion passed unanimously (5-0).
13. Future Agenda Items
14. Adjournment
Prior to adjournment, Commissioner Turkin asked staff to reach out to the audience
member who spoke on the trail bikes. He said that he would also like information on the
baseball diamond.
There being no further business to discuss, the meeting was adjourned at 8:17 P.M.
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