Minutes 03-15-22 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, March 15, 2022 at 5:30 P.M.
Present:
Mayor Steven B. Grant Lori LaVerriere, City Manager
Vice Mayor Woodrow L. Hay Shana Bridgeman, Deputy City Attorney
Commissioner Ty Penserga Mike Cirullo, Deputy City Attorney
Commissioner Justin Katz Crystal Gibson, City Clerk
Commissioner Christina Romelus (online)
1. Openings
A. Call to Order - Mayor Steven B. Grant
Mayor Grant called the meeting to order at 5:30 P.M.
Roll Call
City Clerk Crystal Gibson called the roll. A quorum was present.
Mayor Grant asked if there was a certification of the Supervisor of Elections'
results from the March 8 election.
Crystal Gibson replied they have not received certified results yet.
Mayor Grant noted they will remove that item from the agenda.
Invocation by City Clerk Crystal Gibson
The Invocation was given by City Clerk Crystal Gibson.
Pledge of Allegiance to the Flag led by Commissioner Romelus.
Commissioner Romelus led the Pledge of Allegiance to the Flag.
Agenda Approval:
1. Additions, Deletions, Corrections
Mayor Grant reiterated they would table the announcement of the Supervisor of Elections'
Election Results to the next City Commission meeting.
Meeting Minutes
City Commission
Boynton Beach, FL March 15, 2022
On Item 3A, Mayor Grant asked Commissioner Penserga when he wanted his letter of
resignation to be effective.
Commissioner Penserga answered his letter of resignation has been submitted and
deferred the item in question to the City Attorney. He noted that because no results have
been certified, he is still a current Commissioner.
Deputy City Attorney Cirullo confirmed Item 3A would be deferred until there was an
actual vacancy. He clarified that Commissioner Penserga takes office when he's sworn
in.
Mayor Grant removed Item 3A.
Vice Mayor Hay asked when the election would be certified. He noted they already
announced a runoff.
Mayor Grant responded that they did not announce a runoff yet. It is scheduled to be
announced at tonight's meeting as Item 3K.
Deputy City Attorney Bridgeman confirmed that the City Clerk has contacted the
Supervisory of Elections and they anticipate a certification of the results by Monday. She
noted Item 3K needed to be removed.
Mayor Grant removed Item 3K.
Mayor Grant noted he received an order from Ultimate Bakery regarding Item 6C and 6D
to respond to their emergency filing. He tabled those items until the next City Commission
meeting.
On Item 13D, Mayor Grant requested to change the Future Agenda item to Renaming the
Demonstration Garden Park to the Stanley Dale Davis III Safety Justice Memorial
Gardens. Discussion ensued.
Mayor Grant asked the City Attorney is the Commission has the ability to title an agenda
item. Deputy City Attorney Cirullo confirmed they can title an agenda item but reminded
the Commission that there is a process for naming City facilities and parks.
Consensus was reached to rename Item 13D on Future Agenda.
City Clerk Gibson recommended moving forward with Item 3K based on unofficial results
so as to ensure all procedures are in place for the runoff the following day.
Deputy City Attorney Bridgeman confirmed it was ok to add Item 3K back to the agenda.
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Boynton Beach, FL March 15, 2022
2. Adoption
Motion
Commissioner Penserga moved to approve the agenda as amended. Vice Mayor Hay
seconded the motion. The motion passed unanimously.
2. Other
A. Informational items by the Members of the City Commission.
Commissioner Romelus apologized that she couldn't attend in person due to a personal
injury. She thanked everyone for their support.
Vice Mayor Hay disclosed that he spoke with Bradley Miller and Dr. Snyder recently. He
attended the music at the amphitheater.
Mayor Grant attended Dr. Seuss Day at Cross Point Elementary on March 2nd. On March
4th, he attended the groundbreaking for the Heart of Boynton Village apartments. On
March 5th, he attended the Asian Fest in Tropical Park. He celebrated his 39th birthday on
March 7th. He attended the opening of the Sistine Chapel at the Art Armory on March 10th
and encouraged others to purchase tickets for the experience. He noted on March 10th
there was a presentation to the City Commission regarding Item 5B. He explained he did
not understand the grading system. On March 13th, he attended the CRA's Blarney Bash.
He disclosed that he spoke with Bonnie Miskel. Mayor Grant noted he would be leaving
the meeting at 7:00 P.M. to attend an event.
Commissioner Romelus shared there were thank you gifts from her on the dais for each
member of the Commission. She thought the meeting would be their last together as a
Commission.
3. Announcements, Community, and Special Events and Presentations
A. Declaration of vacancy in District 4.
Item was removed from the agenda.
B. State Senator Lori Berman and State Representative Joe Casello to
provide an update on the 2022 Florida Legislative Session.
State Senator Lori Berman thanked Mayor Grant, Commissioner Romelus, and
Commissioner Katz for their service. She congratulated Commissioner Penserga and
new Commissioner Angela Cruz. She wished good luck to the candidates in the runoff.
She noted the budget was completed yesterday and is $112 billion, up from $100 billion
the previous year. She highlighted specific areas that have budget increases. She noted
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Boynton Beach, FL March 15, 2022
two areas of legislature not addressed or not passed included property insurance
increases and Surfside (inspections of buildings). She spoke on redistricting, which
includes Boynton Beach remaining in her District.
State Representative Joe Casello thanked Commissioner Romelus and Commissioner
Katz for their service. He congratulated Mayor-Elect Penserga. He commended Mayor
Grant on his growth and leadership. He thanked Mark Heffron. He provided an overview
on topics and laws that were discussed and passed, including Visit Tourism, smoking
regulation at beaches and parks, law enforcement incentives and training, and Hometown
Hero program. Some areas of note included Bill 620 regarding business damages, an
election bill that prohibits ranked choice voting, and vacation rentals. He stated he was a
co-sponsor on the Firefighter Bill of Rights. He noted the bills often originate from public
suggestions and encouraged all ideas.
Commissioner Katz noted it would be nice to see a Teachers' Bill of Rights.
State Representative Casello noted Commissioner Katz, as CTA President, fights hard
for teachers' rights in Tallahassee.
C. School Board Member Erica Whiffield to present the 2021-2022 School Year
State of Education Report to the City Commission.
Erica Whitfield, School Board Member, thanked Mayor Grant, Commissioner Katz, and
Commissioner Romelus for their service. She presented an update on academic results,
discipline, mental health, and Wi-Fi.
Mayor Grant asked about graduation rates and whether students could focus on
graduating in five or six years.
Ms. Whiffield noted they focus on catch-up programs and confirmed they would assess
all curriculum and materials to ensure compliance with current laws.
Commissioner Penserga asked what other municipalities are doing to support and
improve outcomes.
Ms. Whitfield replied she's seen success in districts that allocate additional resources to
after-school programs. She encouraged the Commission to reach out to school Principals
to see what is needed and where gaps exist.
Commissioner Romelus thanked Ms. Whitfield for the honest assessment.
Mayor Grant moved up the proclamations on the agenda.
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Boynton Beach, FL March 15, 2022
G. Proclamation recognizing March 21, 2022, as World Down Syndrome Day.
Corinne Pike, Gold Coast Down Syndrome Organization Director of
Development will accept the proclamation.
Mayor Grant read the proclamation, which was accepted by Corrine Pike, Gold Coast
Down Syndrome Organization Director. Ms. Piked thanked the City for the support and
the proclamation.
H. Proclaim April 1, 2022, as The Lord's Place SleepOut Homelessness
Awareness Day. Calvin Phillips from The Lord's Place will receive the
proclamation.
Mayor Grant read the proclamation, which was accepted by Calvin Phillips from The
Lord's Place. Mr. Phillips thanked Mayor Grant and the Commission.
I. Proclaim the month of March as Let's Move Palm Beach County Month. Will
Romelus from Digital Vibez, Inc. will accept the proclamation.
Mayor Grant read the proclamation, which was accepted by Will Romelus from Digital
Vibez.
J. Proclaim the month of March 2022 as Women's History Month.
Mayor Grant read the proclamation. A member of the public accepted the proclamation.
K. Proclamation for Runoff Election to be held on March 22, 2022, between
Marit Hedeen and Thomas Turkin for Commissioner in District 3.
Mayor Grant read the proclamation.
Motion
Commissioner Romelus moved to have Items 5C — 51 moved to before Public Audience.
Commissioner Penserga seconded the motion. The motion passed unanimously.
D. At the request of Commissioner Romelus, recognize Vestiguerne Pierre,
Community Standards Field Supervisor, for his 25 years of service
(02/06/1997).
Mayor Grant thanked Mr. Pierre for his service. Commissioner Romelus thanked Mr.
Pierre for his service and spoke on his work. She suggested City staff bring back the
process to recognize employees. Mr. Pierre thanked the Commission for the
recognition and their hard work.
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Boynton Beach, FL March 15, 2022
Vice Mayor Hay thanked Mr. Pierre for his service. He concurred with the suggestion by
Commissioner Romelus and asked for a recognition of those employees at the next
Commission meeting.
E. Black History Month Celebration Presentation by Recreation & Parks Director
Kacy Young to highlight the event and recognize the Community Volunteer
Committee.
Kacy Young, Recreation & Parks Director, recapped the Black History Month Celebration
held on February 26. He recognized the Black History Month Celebration committee.
F. Announcement of the City's 2021 Design Build Institute of America (DBIA)
project award(s)for the City Hall and Library facility as part of the Town Square
project by City Manager Lori LaVerriere.
City Manager LaVerriere noted the national recognition received. Mark Heffron thanked
the Commission. He noted this is the highest award available from the Design Build
Institute of America. He recognized the builder and the architect as well.
Mayor Grant passed the gavel to Vice Mayor Hay.
5. Administrative
C. Approve the request of Commissioner Romelus to distribute $500.00 of her
Community Support Funds to Growing Strong Ministries.
D. Approve the request of Commissioner Romelus to distribute $1,000.00 of her
Community Support Funds to Mission Clinic of Palm Springs, Inc.
E. Approve the request of Commissioner Romelus to distribute $500.00 of her
Community Support Funds to the HATT Foundation.
F. Approve the request of Commissioner Romelus to distribute $500.00 of her
Community Support Funds to Scholar Career Coaching.
G. Approve the request of Commissioner Romelus to distribute $1 ,000.00 of her
Community Support Funds to United Way.
H. Approve the request of Commissioner Romelus to distribute $500.00 of her
Community Support Funds to Pathways to Prosperity.
I. Approve the request of Commissioner Romelus to distribute $500.00 of her
Community Support Funds to the Palm Beach County Fire Rescue Cadet
Program.
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A representative from Growing Strong Ministry thanked the Mayor and Commissioner
Romelus for the support.
A lead advisor from the Palm Beach County Fire Rescue Cadet described the program
and thanked the Commission for the support.
Commissioner Romelus thanked the Commission for the support of her allocation. She
thanked the organizations for their service.
Motion
Commissioner Katz moved to approve Items 5C-5I. Commissioner Penserga seconded
the motion. The motion passed unanimously.
Order of the agenda was resumed.
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)
Vice Mayor Hay reminded the audience this was not a time for Q & A.
Bishop Bernard Wright, CEO of Bernard Wright Ministries commended all mothers and
fathers. He asked for action from Commissioner Penserga as he assumes the position of
Mayor. He noted they will continue to ask for the firing of Mark Sohn and resignation of
City Manager LaVerriere. He expressed the continued desire for racial justice and
equality, especially for SJ.
Carey Snyder, 630 Riviera Drive, Boynton Beach, spoke on the recent development
project that was passed and requested a clarification on whether the building would be
open on Sundays for business, per a verbal agreement with the developer on February
10. She requested a reconsideration to ensure the building would not be open on
Sundays.
Commissioner Romelus noted that asking for clarification was a reasonable request. She
stated Vice Mayor Hay had the power to bring up the item again for discussion.
Commissioner Katz noted that the Commission had no authority to require additional
requirements after a vote occurred.
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Deputy City Attorney Cirullo said if the Commission wanted to open the item back up,
they would motion tonight to reconsider and place it on the next agenda. Opening the
item back up would also reopen the public hearing. However, he noted if Ms. Snyder
wants to meet with the applicant to see if they would agree to different terms, that's
voluntary and there is no legal compulsion on the applicant to make any changes once it
has been approved. He also stated if someone prohibits an approved and legal business
from operating, there are concerns about statutes. Deputy City Attorney Cirullo confirmed
the Commission could make a motion for reconsideration tonight and then follow the
quasi-judicial procedures.
Commissioner Penserga recommended the two parties speak directly first with the
assistance of City staff.
Discussion ensued about procedures for reconsideration.
Commissioner Romelus asked Ms. Snyder if she spoke with the applicant.
Ms. Snyder confirmed she spoke with the applicant last Monday and he agreed that the
language was vague. She said she did not ask him directly if he supported the closure on
Sundays. She noted she would be happy to speak with him directly but, according to
Code, the motion to reconsider has to be acted upon tonight.
Discussion continued about procedures.
Motion
Vice Mayor Hay moved to reconsider the request to clarify Sunday operating hours for
the previously approved application. Commissioner Romelus seconded the motion.
Vote
City Clerk Gibson called the roll. The motion passed 3-1.
Ayes — Vice Mayor Hay, Commissioner Romelus, Commissioner Penserga
Nays — Commissioner Katz
Dr. Stephanie Hayden-Adeyemo, 2181 SW 15th Avenue, N102, Boynton Beach, said
she was joining for the first time in-person since 2019. She asked for no confidence votes
for the City Manager and City Attorney. She noted there was lot of oversight on the dais.
John Dames, PO Box 713, Boynton Beach, acknowledged and congratulated
Commissioner Penserga. He spoke on Mark Sohn and the reprimands he received over
his 20-year career. He noted Mark Sohn should have never been hired by the City. He
spoke on the City lawsuits. He said Mark Sohn's heart was filthy.
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Disruption ensued in the audience. Vice Mayor Hay asked for order.
Vice Mayor Hay asked for Mr. Wright and another audience member to be removed.
Peter Torocsik is the operator of the Boynton Beach Golf Course and snack bar. He
spoke on misinformation about the recent RFP. He asked what tabling Items 6C and 6D
meant.
Commissioner Penserga explained the process once an item is tabled.
Cindy Falco-DeCorrado, 316 Northwest First Avenue, Boynton Beach, said Fire Station
#3 pulled their voting signs off the street at 6:22 P.M. in the most recent election. She
mentioned violations by candidates.
Lola Torocsik spoke on the agenda item and explained the incorrect disqualification.
Vice Mayor Hay acknowledged receipt of additional proposal documents provided on the
dais. He noted it would be turned over to City staff and they will respond.
Bryce Graham, Second Vice-President for the National Action Network Central Florida
Chapter noted they have been attending Commission meetings for 79 days. He said the
Commission refused to hear the cry of the community. He spoke on Mark Sohn's record.
He asked for Mark Sohn to be fired. He said the community is tired and fed up.
Thompson commented that their time was valuable and expressed dissatisfaction with
Commissioner Romelus' recommendation to move Public Audience later in the meeting.
She stated the Commission chose to answer questions by certain speakers.
Dave Beasley, 190 South Boulevard, Boynton Beach spoke on streamlining the process
of the Building Department. He expressed dissatisfaction and noted he would quit working
in Boynton Beach. He said Mr. Kunsman has a problem with him.
Deputy City Attorney Bridgeman asked City staff to provide an update on the Building
Department issue at the next Commission meeting.
Pernell Davis congratulated the winners of the election. He expressed disappointment
that the swearing-in would not take place tonight. He said information about procedures
are always left out.
Vice Mayor Hay reiterated this is not a Q &A. He noted Mr. Wright and the other audience
member who were previously escorted out of the chambers have been allowed back in.
He said they would have order. He permitted Pernell Davis an additional three minutes.
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Commissioner Romelus noted the proper protocol for Public Audience. She clarified her
statement about the Building Department.
Vice Mayor Hay permitted Pernell Davis an additional three minutes.
Mr. Davis spoke further on Mark Sohn. He expressed dissatisfaction in the City Manager
and Mayor's departure from tonight's meeting
Ernest Mignoli, 710 NE 7th St. Unit 407, Boynton Beach, said he follows all the crime
and code violations within the City. He said District 2 should be investigated. He said the
City needs to get rid of the City Manager and City Attorney. He said the entire Police
Department should be investigated.
Annette Gray, 1500 Gateway Boulevard, Boynton Beach, is the founder of GBDC
Entrepreneurship Institute. She spoke on the deficiencies that youth are facing and the
need for an entrepreneurship and workforce development. She congratulated
Commissioner Penserga but was disappointed when he was a no show. She thanked
Commissioner Katz, Commissioner Romelus, and Mayor Grant for supporting small
organizations.
Bradley Miller, Urban Design Studio, 610 Clematis Street, West Palm Beach spoke on
the 1320 South Federal project that Dr. Snyder spoke on. He clarified the office use will
be restricted on Sunday, but the presentation clearly stated there would be no Sunday
restrictions for retail use. He noted he agreed to restrict the hours of retail use to close at
9:00 P.M. He expressed disappointment on the motion to reconsider. He stated if it is
silent on the issue, then the code prevails and the code allows retail uses to be open
Sunday through Saturday. He reiterated there was no intent for retail to be closed on
Sunday. He asked the Commission to reconsider their prior action.
Shirley Dent, 3730 Max Place, Unit 102, Boynton Beach asked why certain people were
not able to vote in the election. She also spoke on SJ and the firing of Mark Sohn.
Ray Whitely, 239 Northeastern 12th Avenue, Boynton Beach, commended the
community and the families for organizing around SJ's death. He said it was a
demonstration of unity. He asked about the protocol on determining the agenda order.
Charday Hunter, 12300 NW 17th Street, Sunrise, is SJ's aunt and Shannon Thompson's
older system. She said Commissioner Romelus was condescending when addressing
Pernell Davis. She spoke on Mark Sohn and asked for him to be fired.
David Katz agreed with Commissioner Katz on the reconsideration of the 1320 South
Federal project. He suggested moving with an abundance of caution on the item. He said
it sounded like Commissioner Romelus was violating the Charter with her suggestion.
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Ester Gerry, 423 Northwestern 7th Avenue, Boynton Beach, congratulated Commissioner
Penserga. She stated she stands with the Davis and Thomas family. She expressed
dissatisfaction with the cancellation of the scheduled Q & A. She spoke on Mark Sohn.
Brad Hicks, 315 11th Avenue, Boynton Beach, spoke on their rights to express their
opinions and have their concerns heard. He spoke on the Police Department, Building
Department, and City Hall.
Vice Mayor Hay closed the Public Audience.
Vice Mayor Hay noted that City Manager LaVerriere left the meeting due to a family
emergency. He stated that she would attempt to rejoin the meeting.
Commissioner Romelus apologized to Pernell Davis for her tone.
5. Administrative
A. Ratify the selection of Library Board Chair and Vice Chair
Motion
Commissioner Katz moved to approve Item 5A. Commissioner Penserga seconded the
motion. The motion passed unanimously.
B. Consideration of a Special City Commission Meeting to accept staff ranking
of applications to the Notice of Funding Opportunities (NOFOs) for use of the
City's American Rescue Plan Act (ARPA) funds and to award funds based
upon application eligibility and proposed programming.
Motion
Commissioner Katz moved to table Item 5B. Commissioner Penserga seconded the
motion. The motion passed unanimously.
6. Consent Agenda
Matters in this section of the Agenda are proposed and recommended by the City
Manager for "Consent Agenda" approval of the action indicated in each item, with
all of the accompanying material to become a part of the Public Record and subject
to staff comments.
Vice Mayor Hay reiterated Items 6C and 6D have been tabled.
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Boynton Beach, FL March 15, 2022
A. Accept the Fiscal Year 2021-2022 Budget Status Report of the General Fund
and the Utilities Fund for the 5-month period which ended February 28, 2022,
unaudited.
B. Proposed Resolution No. R22-042 - Approve the temporary lane closures in
the 2000 Block of State Road 5 (Federal Hwy) - 700 feet of the right lane
heading Northbound and 400 feet of the left lane heading Southbound on
Monday, July 4, 2022, for the annual 4th of July event, and authorize the City
Manager, or designee, to apply for the State permit for the temporary road
closure.
E. Proposed Resolution No. R22-045 - Authorize the City Manager to modify the
current agreement with Motorola Solutions Company to provide a hybrid
PremierOne cloud hosted/on-premise solution to the Computer Aided
Dispatch (CAD), Records Management System (RMS) and Mobile Reporting
solutions as well as ancillary products and services, as described in the
Change Order, for zero cost.
Motion
Commissioner Katz moved to approve the Consent Agenda. Commissioner Penserga
seconded the motion. The motion passed unanimously.
7. Consent Bids And Purchases Over $100,000
A. Authorize utilizing the GSA contract GS-07F-173GA, previously approved on
09/01/2020, for the purchase of equipment and services of Avigilon Security
Camera System and access control from Broadcast Systems in the amount of
$419,326.20 for security upgrades at the East and West Water Treatment
Plants and District Energy Plant. Authorize transfer of funds in the amount of
$389,327.00 from CIP Account 403-5000-533-65.02 projects WT2103
($299,333) & WT2102 ($89,994) to Water Plant Security Project
WTR127($389,327).
B. Approve sole source purchase of a new Lime Slaker System for $187,750
from Integrity Municipal Systems, Inc.to replace Lime Slaker# 2 at the East
Water Treatment Plant.
C. Approve an Amendment for Purchase Order 191014 via Task Order# UT-2A-
02 — General Consulting Services-RFQ 040-2821-17/TP with Jacobs
(formerly CH2M Hill Engineers) in the amount of $41,822.00. This would
provide environmental review services for the Generator Replacement project
at the East Water Treatment Plant. The amended Purchase Order amount
would be $125,896.00.
Motion
Commissioner Katz moved to approve the Consent Agenda. Commissioner Penserga
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Boynton Beach, FL March 15, 2022
seconded the motion. The motion passed unanimously.
8. Public Hearing
A. Approve request for Conditional Use (COUS 21-001) approval for Raising
Cane's Restaurant dual drive-through facility on a BJ's Wholesale Club
outparcel located at 1550 West Boynton Beach Boulevard within the Planned
Commercial Development (PCD) zoning district. Applicant: Kristina Belt,
Kimley Horn & Associates.
Approve request for Major Site Plan Modification (MSPM 21-001) for Raising
Cane's Restaurant to include a new 2,771-square foot building with dual
drive-through facilities and 68 seats (50 indoor, 18 outdoor) on a BJ's
Wholesale Club outparcel located at 1550 West Boynton Beach Boulevard
within the Planned Commercial Development (PCD) zoning district. Applicant:
Kristina Belt, Kimley Horn & Associates.
Deputy City Attorney Cirullo noted there are two items and swore in public speakers.
Attorney Scott Backman, of Dunay, Miskel, and Backman, 14 Southeast 4th Street,
Boca Raton, said there is no objection to present the items together. He reviewed the
property aerial for the project.
Vice Mayor Hay opened the Public Audience.
Dr. Hayden-Adeyemo, stated that area is crowded. She wished the City would invest in
food businesses that offer healthy, clean eating.
Commissioner Katz stated this is a private property.
Mr. Mignoli, spoke on the crowding of the area. He noted how unhealthy the restaurant
is.
Vice Mayor Hay closed the Public Audience.
Motion
Commissioner Katz moved to approve Item 8A. Commissioner Penserga seconded
the motion. In a roll call vote, the motion passed unanimously.
B. Proposed Ordinance No. 22-010 - Second Reading - An ordinance of the
City of Boynton Beach, Florida, amending Article III, of Chapter 18 of the
Boynton Beach Code of Ordinances, entitled "Municipal Police Officers'
Retirement Trust Fund;" amending Section 18- 169, requirements for
retirement benefit amounts, providing for conflict, providing for severability;
and, providing for an effective date hereof.
Deputy City Attorney Cirullo read Proposed Ordinance No. 22-010 on Second Reading
by title
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Boynton Beach, FL March 15, 2022
only.
Motion
Commissioner Katz moved to approve Ordinance 22-010. Commissioner Penserga
seconded the motion.
Vote
City Clerk Gibson called the roll. The vote was 4-0.
David Katz said he wanted to speak on Raising Cane and he was not recognized.
Vice Mayor Hay closed Public Audience.
9. City Manager's Report
A. Development Department staff will provide the City Commission an update
on the SagesGov EPermitting project implementation.
Motion
Commissioner Katz moved to table Item 9A. Commissioner Penserga seconded the
motion. The motion passed unanimously.
10. Unfinished Business — None
11. New Business — None
12. Legal
A. Proposed Resolution No. R22-046 - Approve revision to Community Support
Funds Policy to allow for funds remaining to be spent by other members of the
City Commission.
Commissioner Katz noted this item is no longer relevant. Vice Mayor Hay agreed. Deputy
City Attorney Cirullo noted it can be removed from the agenda with consensus.
Consensus was reached to remove the item.
13. Future Agenda Items
A. Consider Draft Ordinance Creating a Citizen's Engagement Committee -
April 5, 2022
B. Discuss disposition of vacant 3.62 acre parcel adjacent to Leisurevillle and
west of SW 8th Avenue -TBD
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Boynton Beach, FL March 15, 2022
C. Award Proposed Ordinance No. 21-025 First Reading. Approve
Development Agreement Ordinance. (Tabled from the September 21, 2021,
City Commission Meeting.) - TBD
D. Discuss Renaming Demonstration Garden Park - TBD
E. Discuss Building Safety Inspection Program - (Pending outcome of 2022
legislative session)
F. Discuss the next steps for implementation of City Ordinance No. 21-012
prohibiting the use and distribution of polystyrene foam ("Styrofoam") food
ware, unencapsulated polystyrene foam products, balloons, and confetti on
City property. - TBD
G. Possible Land Swap with St. Mark's Catholic Church - TBD
14. Adjournment
There being no further business to discuss, the meeting was adjourned at 8:55 P.M.
ATTEST:
CTItnribso7, M
City Clerk
15
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IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
CIRCUIT CIVIL DIVISION: "AF"
CASE NO.:50-2022-CA-002332-XXXX-MB
ULTIMATE BAKERY AND PASTRY INC,
P laintiff/P etitio ner
vs.
CITY OF BOYNTON BEACH,
Defendant/Respondent.
ORDER DIRECTING DEFENDANT TO RESPOND
THIS MATTER came before the Court, in chambers, upon Emergency Motion on
Plaintiff's Verified Complaint filed on March 13, 2022. Upon consideration of the Motion a
review of the Court file and the Court being fully advised in the premises, it is hereby
ORDERED AND ADJUDGED that the Defendant, CITY OF BOYNTON BEACH is
directed to respond to the Plaintiff's Verified Complaint within ten(10)days.
DONE AND ORDERED in Chambers on March 15, 2022 in West Palm Beach, Palm
Beach County, Florida.
$1,1
11 EDGE JOI KASTRENAKES
RCUIT JUDGE
COPIES TO:
CITY OF BOYNTON 100 OCEAN AVE No E-mail Address Available
BEACH BOYNTON BEACH, FL
33435
KATHLEEN ANN DALY 515 N FLAGLER DR KDALY@KADALYLAW.CO
SUITE P-300 M
WEST PALM BEACH, FL
33401
Page 1 of 1
Cke t A Fav^ ac..Sr eroLit&
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1320 S. Federal Highway(MPMD 22-004 &NWSP 22-002)
Conditions of Approval
Page 4 of 5
DEPARTMENTS INCLUDE
REJECT
poles. ---
PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments: None,
CITY COMMISSION CONDITIONS
Comments:
27. The building is prohibited from having the following uses: bars,
breweries, taprooms, micro-breweries, beverage manufacturing,
wine bars, distilleries, wineries, liquor stores, kava bars, vape
shops, hookah bars, entertainment/music venues, sober homes, X
drug/alcohol treatment centers, tattoo parlors.
28. Monday to Saturday operating business hours for office uses
,,.•°` within the building are limited to 8:00 am to 7:00 pm and hours for
A commercial uses within the building are limited 8:00 am- 9:00 pm. X
FiUILUING- 15 CL0,5GD T /4-1_, USC-5 5•04/My:.
29. Access and use of the roof top is to be controlled by the property
owner and only used by employees of the tenants of the building
during business hours and for service of mechanical equipment or X
structure.
ii 30. Upon full occupancy of the building, the owner and tenants will be
responsible to instruct employees to park in the on-street spaces
for less frequent activity on the street and to allow more spaces on X
site for patrons/customers.
31. Prior to issuance of certificate of occupancy, the property owner
shall provide proof of a $5,000 payment to the Colonial Center for
the installation and/or relocation of a monument sign. X
V I'1ZIUK To 1 s_5DANCE OF CcpTpr(Arc OF occ /4-41
y 32. /1 The property owner shall contribute $2,500 for the installation of
signage designed to limit traffic beyond the commercial property
on Riviera Drive. X
133. During site development, the property will be fenced to deter
access and regularly maintain litter and debris. X
34. During site development, construction vehicles are to be - 3
instructed to turn around on the subject property. X
35. Prior to the issuance of a Certificate of Occupancy, all work in the
Riviera Drive right-of-way shall be completed, less the construction X
of three (3) parallel parking spaces on the south side of Riviera
r
•
1320 S. Federal
Voluntary Applicant Conditions
February 15, 2022 - Updated
1. Use of the building is limited only to Medica/Dental Office and Business Prof=-sional
Office.
2.l}Operating business hours for all uses within the building are limited to 8:00 a to 7:00 4i(••--,
`✓�r ✓f pm., Monday to Saturday, closed on Sundays.
3. Access and use of the roof top is to be controlled by the property owner and •my used
by employees of the tenants of the building during business hours and for se ice of
mechanical equipment or structure.
4. Upon full occupancy of the building, the owner and tenants will be responsibl: to instruct
employees to park in the on-street spaces for less frequent activity on the str:et and to
allow more spaces on site for patrons and customers.
5. Prior to issuance of a certificate of occupancy, the property owner shall be re• ponsible
for the permitting and relocation or installation of one sign for Colonial Center
004132, X411) Prior to issuance of certificate of occupancy, the property owner shall be resp.nsible for
the permitting and installation of one sign at the entrance to the single-family ommunity
to identify the community and have verbiage to deter additional traffic.
7. During site development, the property will be fenced to deter access and reg larly
maintain litter and debris.
8. During site development, construction vehicles are to be instructed to turn are and on the
subject property.
pAc_e
Applicant Conditions - Revised 3/1
1 . The building is prohibited from having the following uses: bars, breweries, taprooms, micro-breweries, beverage
manufacturing, wine bars, distilleries, wineries, liqueur stores, kava bars, vape shops, hookah bars,
entertainment/music venues, sober homes, drug/alcohol treatment centers, tattoo parlors.
2. Operating business hours for office uses within the building are limited to 8:00 am to 7:00 pm, Monday to
Saturday.
3. Access and use of the roof top is to be controlled by the property owner and only used by employees of the tenants
of the building during business hours and for service of mechanical equipment or structure.
4. Upon full occupancy of the building, the owner and tenants will be responsible to instruct employees to park in the
on-street spaces for less frequent activity on the street and to allow more spaces on site for patrons/customers.
5. Prior to issuance of a certificate of occupancy, the property owner shall contribute $2,500 to Colonial Center for the
installation/relocation of one monument sign.
6. Prior to issuance of certificate of occupancy, the property owner shall contribute $2,500 to the Riviera Drive
residents for the installation/relocation of one monument sign.
7. During site development, the property will be fenced to deter access and regularly maintain litter and debris.
8. During site development, construction vehicles are to be instructed to turn around on the subject property. urban
desgn
slum
Page 1128 of 1515
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n- .•'ms. arbitrations, administrative hearings, and lawsuits brought by or against the
Proposer o,its predecessor organizatios)during the last five(5)years. The list shall include all
. -- - -r,case arbitration or hearing identification numbers, the_nacoe.of.the•paoject,in,whick,.W,,..i i..,.,....,..,.,.,
the dispute arose,and a description of the subject matter of the dispute.
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25. List and describe all criminal proceedings or hearings concerning business-related offenses to
which the Proposer,its principals or officers,or predecessors'organizations)were defendants.
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GC22-005R:A Restaurant Concessionaire for the Links Golf Course 32 I
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26. Has k•roposer. . ncipals, . ••-.rs, or predecessors'organization(s) •:en convicted of a1 '
Public En o� -...- -, -:•:_•.:.•0' suspe •e• rom . .•mg •y an, •• ^- : 'T uring the last five i
(5)years? If so.provide details.
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- The Proposer acknowledges and understands that the information contained in response to thin 1
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CASE NUMBS 502020CA007111X000(MB D' AK
Filing# 109844126 E-Filed 07106/2020-08:08:20 PM
IN THE CIRCUIT COURTOF THE FIFTEENTH •
JUDICIALCIRCUITIN AND FOR PALM BEACH COUNTY,FLORIDA
CASE NO.
PETER TOROCSIK •ole Proprietor d/b/a
I RIM/ ERY AND PASTRY,
Individually,
Plaintiff,
VS.
LOUIS RECCIIIO,RAYMOND LIGGINS. •
and GUNARS MANSON.
Defendants,
COMPLY•
COMES NOW the Plaintiff, PEVA TOROCSIK, sole proprietor d/b/a ULTIMATE.
BAKERY AND PASTRY (hereinafter'9lisijatifr'),and sues LOUTS RECCHIO("Recchio")in
his individual capacity, RAYMOND LIGGINS in his individual capacity ('Liggins"), and
GUNARS MANSON("Manson"))alleges as follows:
PARTIES
I. Plaintiff is an individual over the age of 18 and who is otherwise surjuris.
2. At all relevant times,Plaintiff conducted husine z under the fictitious name'`Ultimate Bakery
and Pastry"pursuant to the laws of the State of Florida and has a principal address of 234 Rutland Blvd.,
West Palm Beach,Florida 33405.
3. Upon information and beliefRecchio is an individual residing within Palm Beach County
and who worked at all relevant times within the Parks and Recreation Department for the Village of Royal
•
'OcNn
JOSEPH ABRUZZO
I I UA 111 IIIIlU IITI ICI�. 0%11,11141w It
—�� A P.11 SI III.1(III MINI I
LOG OUT „
OCaseVlew GuenUser(Public trowel)
CASE NUMBER:SO.O O.C•A-OOTlll-XXXX-MB
CASE STELE:TOROCSIK.PETER V\IANSON.GUNARS
.en)ch LnIeIIa JeaICII KeSUIIS LJSC Inly Party Names DutIe.a d,U JWInenI CJx cc.
;lam: Mlddle Name Last Name Suffix Party Type Party Association
TOROCSIK,PETER •
KATHLEEN ANN DALY ATTORNEY
MELISSA L JOHNSON ATTORNEY LIGGINS,RAYMOND
MELISSA l
JOHNSON ATTORNEY RECCHIO,LOUIS
GREGORY G OLSEN ATTORNEY MANSON,GUNARS
RAYMOND UGGINS DEFENDANT/RESPONDENT
GUNARS MANSON DEFENDANT/RESPONDENT
LOUIS RECCHIO DEFENDANT/RESPONDENT
JAMES L MARTZ JUDGE
PETER TOROCSIK PLAINTIFF/PETITIONER
, . 1
. . .
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Search Criteria
Case Number . Tase Number
Name Search Type Exact Name Search
Last Name/Company Name Ultimate Bakery&Pastql
First Name First Name
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ti.rot')•a•ch 1,pe 1..Et 14ar,r4.
Last Si anw-Ccenpan,Na-.,..• ., to Baker,-ts PAW,'
Co--t 7,,,pe. A:1•Court ').-- -
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Ultimate Bakery & Pastry GC Ventures FL LLC
Inc.
DISQUALIFIED????? Better for the Public?????
Disqualified Unlawfully Background check was not
even done.
Proposal responsiveness was
not checked.
30 + Years Government Related 5 months Government Related
Work Work
Small Business Owner NOT
Certification Attached
7 Years GREAT relationship with NO relationship with the City
the City
Higher Bid Amount Lower
Fully Equipped and Full NO FINANCIAL INFORMATION
Inventory at both location in Proposals
$50,000-$100,000
Business only with Boynton 2 Location in Minnesota
Beach 1 location in West Palm Beach
Uninterrupted service at both CLOSE DOWN both locations
Location for weeks/months
Family Income Extra Income
Local Business Owner NOT
100 % Peter Torocsik 50 % Wylon Wong
50 % Anderson Studbaker
Menu with Prices accepted by NO PRICING on menu
the public for years
Lived in Florida for 30 + Years Texas Driver License
Florida Driver License Minnesota Businesses
Florida Business