Minutes 04-05-22 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, April 5, 2022 at 5:30 P.M.
Present:
Mayor Ty Penserga Lori LaVerriere, City Manager
Vice Mayor Angela Cruz Mike Cirullo, Deputy City Attorney
Commissioner Woodrow L. Hay Shana Bridgeman, Deputy City Attorney
Commissioner Thomas Turkin Crystal Gibson, City Clerk
1. Openings
A. Call to Order - Mayor Ty Penserga
Mayor Penserga called the meeting to order at 5:30 P.M.
Crystal Gibson, City Clerk, announced the certification of Supervisor of Elections'
Election Results from the March 8, 2022 Municipal Election and March 22, 2022
Municipal Runoff Election.
Swearing in of Ty Penserga as Mayor
State Attorney Dave Aronberg swore in Ty Penserga as Mayor.
Swearing In of Angela Cruz as Commissioner District I
City Clerk Gibson swore in Angela Cruz as Commissioner District I.
Swearing in of Thomas Turkin as Commissioner District III
City Clerk Gibson swore in Thomas Turkin as Commissioner District III.
Presentation of Plaque to Justin Katz
Mayor Penserga presented a plaque to Justin Katz to recognize his service on the City
Commission. Mr. Katz briefly spoke on his City Commission experience and thanked
City staff.
Presentation of Plaque to Christina Romelus
Mayor Penserga presented a plaque to Christina Romelus to recognize her service on
the City Commission. Mrs. Romelus congratulated Mayor Penserga and thanked her
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family and mentors. She spoke about the Boynton Beach community, achievements of
the City, and the City staff. She thanked the Haitian community.
Presentation of Plaque to Steven B. Grant
Mayor Penserga presented a plaque to Steven B. Grant to recognize his service on City
Commission. He thanked his fellow Commissioners and spoke on his vision for creating
a family-friendly City. He thanked the City staff.
Roll Call
City Clerk Crystal Gibson called the roll. A quorum was present.
Invocation by Pastor Bob Bender, Christ Fellowship Church.
The Invocation was given by Pastor Bob Bender.
Pledge of Allegiance to the Flag led by Vice Mayor Hay
Vice Mayor Hay led the Pledge of Allegiance to the Flag.
Agenda Approval:
1. Additions, Deletions, Corrections
Mayor Penserga added Item 2B Statement by the City Manager to the agenda. He tabled
Items 5B through 5E and Item 5G. He removed Items 13A through 13F. He moved up
Items 8A through 8C to after Public Audience. He asked the Commission to limit the total
duration of Public Audience but allowing the option for the Commission to reopen Public
Comments if necessary.
Vice Mayor Hay suggested a limit of one total hour for Public Audience. He agreed with
all other suggestions by Mayor Penserga.
Commissioners Cruz and Turkin both agreed to a one-hour total time limit to Public
Comments.
Commissioner Turkin stated he would like to add an item to the agenda to discuss an
RFP proposal regarding the Palm Beach Sheriff's Office. Mayor Penserga noted it would
be added to New Business.
2. Adoption
Motion
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Vice Mayor Hay moved to approve the agenda as amended. Commissioner Turkin
seconded the motion. The motion passed unanimously.
2. Other
A. Informational items by the Members of the City Commission.
Commissioner Cruz disclosed she met with Bradley Miller regarding the 1320 S. Federal
Highway project.
Vice Mayor Hay recently worked with Feeding South Florida and over 900 people were
served. He disclosed he spoke with Bradley Miller on Items 8A and 8B. He also noted
that because there are only four Commissioners tonight, if a motion comes to a 2-2 split,
the motion will fail tonight. Mayor Penserga acknowledged and confirmed the statement.
Commissioner Turkin disclosed he spoke with Dr. Snyder regarding the 1320 S. Federal
Highway project.
Mayor Penserga disclosed he had conversations with Bradley Miller regarding the 1320
S. Federal Highway project. He discussed the project with residents and Dr. Snyder as
well. He congratulated and thanked Rubenstein, Musical Director of the Boynton Beach
Gold Coast Band. He thanked all the organizers of the Palm Beach Leisureville open
house.
B. Statement from the City Manager
Lori LaVerriere, City Manager, said the statement was a follow-up to her memorandum
to the Commission on the December 26, 2021, crash. She read the statement, which
summarized the investigation report from the Florida Highway Patrol. The Florida
Highway Patrol determined that the investigation is complete, and no charges will be filed.
She noted the Boynton Beach Police Department will now conduct an Internal Affairs
investigation to determine if any Police Department policies were violated.
3. Announcements, Community, and Special Events and Presentations
A. Declaration of vacancy in District IV. (Tabled from the March 15, 2022,
City Commission Meeting.)
Mayor Penserga requested a motion to remove the item from the table.
Motion
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Vice Mayor Hay moved to remove Item 3A from the table. Commissioner Turkin seconded
the motion. The motion passed unanimously.
Mayor Penserga declared the position of District IV Commissioner vacant.
City Clerk Gibson explained the qualifications and process to apply for the Commissioner
vacancy. She noted all letters of interest and required documentation must be submitted
to the City Clerk by April 12, 2022, by 12:00 p.m.
Vice Mayor Hay asked what would happen if the City Commission opted not to select a
Commissioner from the list of interested candidates.
City Clerk Gibson replied that if the City Commission cannot come to an agreement after
two regular meetings, the City Charter says a special election will be held.
B. Development Department staff will provide the City Commission an update
on the SagesGov EPermitting project implementation. (Tabled from the
March 15, 2022, City Commission Meeting.)
Motion
Vice Mayor Hay moved to remove Item 3B from the table. Commissioner Cruz seconded
the motion. The motion passed unanimously.
Adam Temple, Development Director, provided a brief background on the
implementation. He acknowledged the work of his team members.
Saleica Brown, Development Services Manager, presented on the City of Boynton
Beach's SagesGov Electronic Permitting System. She reviewed the implementation
timeline, the benefits, features and capabilities of the system, future initiatives, and
customer testimonials.
Mayor Penserga thanked the team for their work and asked about the most common
delay.
Ms. Brown said the public does not understand the process and laws that have to be
followed.
Mayor Penserga asked about staffing.
Mr. Temple noted staff recruitment was a challenge, but they have made some recent
headway in key positions.
Vice Mayor Hay asked if external customers are able to check on the status of permits.
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Ms. Brown confirmed that they can log on to their SagesGov account and receive real-
time updates on the status of a permit.
Mr. Temple stated the system has allowed staff to focus on greater customer service and
efficiency.
Commissioner Turkin asked if there is assistance for any applicants who are not tech-
savvy.
Ms. Brown confirmed technicians and staff are available to assist any applicant at the
kiosk.
Commissioner Turkin recommended increasing advertising about the system.
C. Announcement by John Durgan, Economic Development Manager, regarding
the Boynton Beach Turn the Tables Internship and Career Expo on May 11,
2022.
John Durgan, Economic Development Manager, announced the Turn the Tables
Internship and Career Expo. It will be held on May 11, 2022, at the Arts and Cultural
Center, 125 E. Ocean Avenue. The expo is geared towards high school students seeking
paid and unpaid internship opportunities. He said they are still seeking employers who
are interested in participating. He noted more information can be located at:
www.bovntonbeach.orq/intership-fair.
D. Tyler Jasensky, Program Manager of Volunteers for Best Buddies Palm
Beach, and Nadine Kasti, Best Buddies Chapter President for Park Vista
High School, will announce the 2022 Best Buddies Friendship Walk, and
discuss the Peer Buddy one-to-one friendships.
Tyler Jasenski, Program Manager of Volunteers for Best Buddies Palm Beach, spoke
on the mission of Best Buddies. He noted the 2022 Best Buddies Friendship Walk will be
held on April 30, 2022, at 8:30 a.m. He said they currently have 61 teams registered.
Nadine Kasti, Best Buddies Chapter President for Park Vista High School, shared her
personal experience.
E. Announcement of the roll-out of the Historic Plaque Initiative by Mike Rumpf,
Liaison for the Historic Resources Preservation Board.
Mike Rumpf, Liaison for the Historic Resources Preservation Board, presented on the
Historic Site Plaques program. He reviewed selected milestones, plaque designs, the
program overview, program benefits, and properties undergoing review.
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F. Announcement to recognize Shaping Change, LLC as an Inclusion Works
Business Partner. Stephanie Soplop and Ted Goodenough will make the
announcement recognizing and Dr. Janessa Dominguez, President of
Shaping Change.
Stephanie Soplop, ADA Title II Coordinator, provided a brief background on the
program.
Ted Goodenough spoke briefly on Shaping Change, LLC.
Dr. Janessa Dominguez, President of Shaping Change, LLC spoke on the mission of
the organization.
G. Proclamation for World Autism Awareness. Proclamation will be accepted by
Lisa Pugliese LaCroix, Founder of Love Serving Autism.
Mayor Penserga read the proclamation, which was accepted by Lisa Pugliese LaCroix,
Founder of Love Serving Autism. Ms. LaCroix thanked the City for the support and the
proclamation.
H. Proclamation recognizing April 3-9, 2022, as National Library Week. Library
Director Craig Clark will accept the proclamation on behalf of the Boynton
Beach City Library.
Mayor Penserga read the proclamation, which was accepted by Library Director Craig
Clark. Mr. Clark invited the Commission and public to tour the library. He thanked the
Library staff.
Mayor Penserga asked about the high school graduation program.
Mr. Clark described the free Career Online High School Program.
I. Proclamation recognizing April 2022 as Water Conservation Month for the City
of Boynton Beach. Sherry McCorkle with the South Florida Water Management
District will accept the proclamation.
Mayor Penserga read the proclamation, which was accepted by Sherry McCorkle with
the South Florida Water Management District.
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)
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Mayor Penserga stated the Commission has agreed to limit this Public Comment to one
hour total. He noted if additional people would like to speak, the Commission reserves
the right to reopen Public Comment near the end of the meeting. He described the
process for virtual speakers.
Annette Gray, Founder of GBDC Entrepreneurship Institute and Workforce Development
Entrepreneurship and STEAM, said their new home will be located at 515 Federal
Highway. She spoke on the mission of GBDC and experiential learning. She noted a
$20,000 grant they recently secured.
Gregory Hartmann, 1083 SW 25th Place, expressed interest to serve on the CRA
Advisory Board and asked for the Commission's consideration.
Shirley Casa, 650 Snug Harbor Drive, congratulated the new Commissioners. She asked
how many units are in Riverwalk and how many parking spaces are designated for that
building. She spoke on the limited parking at Walgreens.
Mayor Penserga reminded the Commission public comments is a time to hear from the
speakers and not to answer questions. He asked Ms. Casa to leave her contact
information so staff can contact her with those answers.
Bishop Bernard Wright, CEO of Bernard Wright Ministries, asked the Commission to
work more closely with community activists. He asked the Commission their sentiments
on the Mark Sohn case.
Harold Lloyd, resident of Palm Beach Leisureville, congratulated Mayor Penserga. He
spoke on permitting issues experienced by their recreational building.
Tory Orr, 106 NE 7th Avenue, asked the Commission to review Mark Sohn's record. He
asked the Commission and the City to do the right thing. He noted a Community Review
Board was needed in District II. He asked for justice for SJ.
Cindy Falco Di Corrado said it was nice to see someone new in District III and she hopes
they see some changes in the community. She spoke on poor road conditions in District
III.
Pernell Davis said it was nice to see new faces on the dais. He noted disappointment
that the Commission did not attend the recent meeting to hear community concerns. He
spoke on the report from the Florida Highway Patrol.
Mayor Penserga noted Mr. Davis was out of order with comments and issued a warning.
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Karmen Morris, 333 NE 12th Avenue, is the grandma of Stanley Davis III. She asked for
justice for her grandson. She said Mark Sohn needs to be fired and prosecuted.
Bryce Graham, 2nd Vice-President for the National Action Network Central Florida
Chapter congratulated the new Commissioners and Mayor Penserga. He said the Florida
Highway Patrol report was a disgrace and he called on the City to do the right thing. He
asked for the City to fire Mark Sohn. He spoke on justice for SJ.
Shannon Thompson said she is the mother of SJ. She congratulated the new
Commissioners. She spoke on the memorandum issued by the City Manager. She
reiterated the City's pursuit policy.
Stanley Davis, said he is the father of SJ. He spoke on the Florida Highway Report and
the pursuit of his son. He spoke on pursuits in District II.
Cortland McGuire, 506 Whispering Pines, congratulated the new Commissioners and
Mayor Penserga. He expressed interest in serving on the CRA Advisory Board and asked
for the Commission's consideration.
Ernest Mignoli, 710 NE 7th St. Unit 407, Boynton Beach, spoke on the SJ incident. He
spoke on the Internal Affairs Department.
Dr. Warren Swee, 1525 Via Alferi, Boynton Beach, expressed interest in serving on the
CRA Advisory Board.
Sheila Joe Gains, congratulated the newly elected Commissioners. She spoke on the
SJ incident and the Internal Affairs investigation process.
Irwin Cineus, 2405 Quantum Boulevard, said this is an opportunity for the new
Commissioners to set a new tone. He asked for Mark Sohn to be fired. He spoke on the
recent community meeting with Internal Affairs. He asked for District II community
members to run for the CRA Advisory Board.
Sharday Hunter, is SJ's aunt. She spoke on the Florida Highway Report investigation
and the incident with SJ. She asked for the resignation of the City Manager and City
Attorney.
Mayor Penserga closed the Public Audience.
Items 8A-8C were moved up in the agenda.
8. Public Hearing
6 p.m. or as soon thereafter as the agenda permits.
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The City Commission will conduct these public hearings in its dual capacity as
Local Planning Agency and City Commission.
A. Reconsider request for New Major Site Plan (NWSP 22-002) for the 1320 S.
Federal Highway project to allow construction of a 10,898 square foot
commercial structure and associated site improvements, on a 0.51-acre
parcel, located at the northeast corner of S. Federal Highway and Riviera
Drive, in the Mixed Use 1 (MU-1) zoning district. Application Ty Eriks, MH
Jackson Holdings, LLC.
Reconsider request for Master Plan Modification (MPMD 22-004) for 1320 S.
Federal Highway to amend the previously approved master plan to be
consistent with the proposed revisions to the concurrent New Major Site Plan
Application, located at the northeast corner of S. Federal Highway and Riviera
Drive, in the Mixed Use 1 (MU-1) zoning district. Applicant: Ty Eriks, MH
Jackson Holdings, LLC.
Items were approved on March 1, 2022, and are returning for
consideration by Commission action on March 15, 2022.
B. Reconsider request for a Height Exception (HTEX 22-001) for 1320 S.
Federal Highway to allow tower elements and architectural features to be
constructed at 54'-10" in height, 9'-10" above the maximum allowable height
of 45 feet in the MU-1 (Mixed Use-1) zoning district. Applicant: TY Eriks MJ
Jackson Holdings, LLC.
Item was approved on March 1, 2022, and is returning for
reconsideration by Commission action on March 15, 2022.
Deputy City Attorney Cirullo noted the items were first heard on March 1, 2022, and all
backup materials have been provided to the Commission. He swore in audience members
who wished to speak on the item. He confirmed there would be one hearing on both items.
Bradley Miller from Urban Design Studio, 610 Clematis Street, West Palm Beach is
representing the applicant. He noted the application was originally approved in 2018 and
this was a re-application. He said they have presented two different site plans that have
met the code. He spoke on the hours of retail operations and noted there was no
restriction on the days of the week for use.
Dr. Keri Snyder, 630 Riviera Drive, Boynton Beach, welcomed the new Commissioners
and Mayor. She distributed a handout to the Commission. She referenced conditions on
the handout, specifically restricting the hours of retail operations on Sunday.
An unidentified speaker said he was at the meeting when Mr. Miller agreed to no Sunday
hours. He expressed dissatisfaction that agreement will no longer be upheld.
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Linda Morton, 641 Riviera Drive, Boynton Beach, is President of the Colonial Center
Association. She spoke on issues created by the building including parking, traffic, and
the visibility of the Colonial Center sign.
Shirley Casa, 650 Snug Harbor Drive asked who was renting the retail space.
Tom Ward, 650 Riviera Drive, said he believes Mr. Miller was doing a bait and switch.
He asked the Commission to limit the retail operation hours on Sunday.
Ernest Mignoli, NE 7th Street, Unit 704, Boynton Beach spoke on the building disrupting
the feel of the neighborhood. He said there are politics at play.
David Katz said he wanted to speak during Public Audience but was not called upon.
Mr. Miller responded that he does not know the retail tenant. He said they followed the
process for the site plan application, and they addressed the community concerns about
parking after the first meeting. He said this is not bait and switch. The use went from
professional and medical office to office and retail space. He also noted there is no retail
space in Colonial Center, which is why they are closed on Sunday.
Vice Mayor Hay said the applicant has met the code since the start and they had a
willingness to accommodate community concerns. He said they need to move forward,
and he will be voting to move forth with this project.
Motion
Vice May Hay moved to confirm the March 1, 2022, decision. The motion was not seconded
and died.
Deputy City Attorney Cirullo asked the Commission if they would like to take further action
with the application because, as it stands now, it does not have any approvals to proceed.
Commissioner Cruz asked for more information about their jurisdiction and authority.
Deputy City Attorney Cirullo described the application and the quasi-judicial process.
Commissioner Cruz asked what would legally happen if they did not accept the items.
Deputy City Attorney Cirullo noted he was not giving legal advice but if anyone was
unhappy with the decision of the Commission, they can file a challenge in Circuit Court
and the City will have to defend that decision.
Vice Mayor Hay reiterated the applicant has worked with staff to make this project a win-
win.
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Commissioner Turkin inquired whether they can ask the applicant about the retail
business.
Deputy City Attorney Cirullo noted the question is not relevant to the criteria.
Commissioner Turkin said he empathizes with the residents and wants to know who more
about the retail space.
Mr. Miller asked the Commission to reconsider the motion for approval by Vice Mayor
Hay.
Intermittent audio issues occurred throughout the discussion.
Mayor Penserga said the applicant has met code. He noted the miscommunication about
the retail operation. He spoke on two scenarios that may occur if the Commission does
not approve.
Audio and broadcasting issues ensued. Was not able to record the resolution of Items 8A
and 88.
Deputy City Attorney Cirullo explained that the Commission could make a motion that
was different from Commissioner Hay's first motion confirm the March 1st decision. He
confirmed that it was acceptable for a Commissioner to put forth a motion to approve or
deny Items 8A and 8B based on the information that was presented at the March 1, 2022
and the April 5, 2022 City Commission meetings.
Motion
Vice Mayor Hay made a motion to approve Items 8A and 8B based on the information
that was presented at the March 1, 2022 and the April 5, 2022 City Commission meetings.
Commissioner Cruz seconded the motion. The motion passed 3-1. Commissioner Turkin
voted nay.
C. Proposed Ordinance 22-012 - First Reading - Approval of Ordinance
amending the Commission voting district boundaries. This is done in
accordance with requirements outlined in the City Charter.
Redistricting takes place every 10 years, after the US Census is completed.
Audio and broadcasting issues ensued. Was not able to record the resolution of Item 8C.
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Motion
Vice Mayor Hay made a motion to approve Ordinance No. 22-012 on first reading.
Commissioner Cruz seconded the motion. Mayor Penserga commenced a voice vote;
however, City Clerk Gibson explained that an ordinance is usually approved by a roll call
vote. Upon a roll call vote, the motion was approved unanimously.
Order of the agenda was resumed.
5. Administrative
A. City Commission to appoint a Vice Mayor to serve until the March 2023
municipal election.
Audio and broadcasting issues ensued. Was not able to record the resolution of Item 5A.
Motion
A motion was made and duly seconded to appoint Commissioner Cruz as Vice Mayor to
serve until the March 2023 municipal election. The motion was approved unanimously.
B. Proposed Resolution No. R22-047 -Appoint a City Commission
representative and alternate to the Countywide Intergovernmental
Coordination Program.
C. Proposed Resolution No. R22-048-Appoint a City Commission
representative and alternate to the Coalition of Boynton West Residents
Association (COBWRA).
D. Proposed Resolution No. R22-049 -Appoint a City Commission
representative and alternate to the Palm Beach County League of Cities.
E. Proposed Resolution No. R22-050 -Appoint a City Commission
representative and alternate to the Transportation Planning Agency
(Formerly known as the MPO, Metropolitan Planning Organization).
Items 5B through 5E and Item 5G were tabled until after the District 4 vacancy is filled.
F. Annual appointment and reappointment of eligible members of the
community to serve in vacant positions on City advisory boards.
Motion
Mayor Penserga moved to appoint Clovis Moody for regular position on the Art Advisory
Board. Commissioner Hay seconded the motion. The motion passed unanimously.
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Mayor Penserga stated there are no applicants for the Building Board of Adjustments and
Appeals.
Motion
Mayor Penserga moved to appoint Sharon Grcevic for regular position on the Community
Redevelopment Agency Advisory Board. Vice Mayor Cruz seconded the motion. The
motion passed 3-1. Commissioner Turkin voted nay.
Vice Mayor Cruz moved to appoint Warren Swee for regular position on the Community
Redevelopment Agency Advisory Board. Commissioner Hay seconded the motion. The
motion passed 3-1. Commissioner Turkin voted nay.
Mayor Penserga stated there are no applicants for the Education Youth and Advisory
Board.
Motion
Vice Mayor Cruz moved to appoint Ben Lowe for regular position on the Historical
Resources Preservation Board. Mayor Penserga seconded the motion. The motion
passed unanimously.
Motion
Vice Mayor Cruz moved to appoint Thomas Devlin for regular position on the Library
Board. Mayor Penserga seconded the motion. The motion passed unanimously.
Motion
Commissioner Hay moved to table the second appointment to the Library Board. Vice
Mayor Cruz seconded the motion. The motion passed unanimously.
Motion
Commissioner Hay moved to table the second appointment to the Planning and
Development Board. Vice Mayor Cruz seconded the motion. The motion passed
unanimously.
Motion
Commissioner Hay moved to reappoint Tim Litsch as a regular member to the Planning
and Development Board. Mayor Penserga seconded the motion. The motion passed 3-
1. Commissioner Turkin voted nay.
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Motion
Commissioner Turkin moved to appoint Cortland McGuire to the Planning and
Development Board. City Clerk Gibson noted an application was not received for Mr.
McGuire for the Planning and Development Board. Commissioner Turkin asked to table
the nomination.
Discussion ensued about the procedure for nominations from the vacant District IV
Commissioner position.
Deputy City Attorney Cirullo clarified they should wait until that position is filled to
nominate the additional position to the Planning and Development Board.
Mayor Penserga stated there are no applicants for the Recreation and Parks Board.
Motion
Commissioner Turkin moved to appoint Thomas Devlin for a regular position to the Senior
Advisory Board. Mayor Penserga seconded the motion. The motion passed 3-1. Vice
Mayor Cruz voted nay.
Commissioner Hay asked for clarification whether Mayor Penserga can make an
appointment in lieu of an appointment from the vacant District IV Commissioner. City
Attorney Cirullo clarified that Mayor Penserga can do that.
Motion
Mayor Penserga moved to appoint Judith Lyman for regular position to the Senior
Advisory Board. Vice Mayor Cruz seconded the motion. The motion passed unanimously.
Motion
Mayor Penserga moved to appoint Jay Sobel for an alternate position to the Planning and
Development Board. Commissioner Hay seconded the motion. The motion passed 3-1.
Commissioner Turkin voted nay.
City Clerk Gibson noted she would notice the District IV vacancy. She wants to add a line
to the advertisement that the documents required from interested candidates can be
submitted to the City Clerk via email. Consensus was reached to add the language to the
notice.
Mayor Penserga recessed the meeting at 8:52 p.m. for five minutes to allow time to reboot
the system.
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Mayor Penserga reconvened the meeting at 9:03 p.m.
G. 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. (Tabled from
the March 15, 2022 City Commission Meeting.)
H. Staff is requesting the City Commission schedule and attend a Strategic
Planning Workshop on Saturday, May 7, 2022, at the Intracoastal Park
Clubhouse. The Workshop will be held from 9am to 2pm and will include a
discussion on conducting public meetings, governance, team building and
strategic planning for 22-23.
David Scott, Director of Economic Development and Strategy, noted the workshop will
cover the Strategic Plan to date, updates on several strategic plans, and next steps for
the five-year Strategic Plan. Consultants will be available to facilitate.
In response to City Clerk Gibson's question, Mayor Penserga confirmed Item 5G was
tabled.
Vice Mayor Cruz said she would like to learn more about the ARPA funds and eligible
uses for the funding. She requested a staff report on other ways the funds can be used.
Mayor Penserga agreed and noted it would be added under Future Agenda.
5. 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.
A. Proposed Resolution No. R22-051 - Approve and authorize the City
Manager to sign a Grant Agreement for the Marketing and Digital Connectivity
Small Business Grant Program funding in the amount of$2,500 for The Better
Choice Mail Pack Ship located at 3469 W Boynton Beach Blvd. Suite 2,
Boynton Beach, FL 33436.
B. Proposed Resolution No. R22-052 - Approve and authorize the City
Manager to sign a Grant Agreement for the Marketing and Digital Connectivity
Small Business Grant Program funding in the amount of$2,500 for
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Rancheritos de Boynton located at 1709 N Congress Ave., Boynton Beach,
FL 33426.
C. Accept the written report to the Commission for purchases over $10,000 for
the month of February 2022.
D. Approve an increase for the annual expenditure with Facilities Pro Sweep of
West Palm Beach, FL in the amount of $85,000 for street sweeping services,
including emergencies and special events piggybacking the Palm Beach
Gardens contract #ITB2016-065PS for the period of the contract which
expires on September 30, 2026.
E. Approve and authorize the Fleet Maintenance Division of Public Works to
dispose of thirty-nine (39) surplus vehicles and equipment using various
means such as JJ Kane on-line auction and GovDeals.com.
F. Proposed Resolution R22-053 - Approve and authorize the Mayor to sign an
ARPA Subrecipient Grant Agreement with Feeding South Florida to
administer the remaining $100 gift cards to families experiencing food
insecurity due to the COVID-19 pandemic.
G. Proposed Resolution No. R22-054 - Approve and Authorize the City
Manager to piggyback and sign Agreement with Johnson Fire Controls Fire
Protection LP for Alarm/Sprinkler Monitoring, Inspections, and Services piggy-
backing the Sourcewell Cooperative Purchasing Contract RFP No. 030421
with an estimated annual expenditure of $50,000.
H. 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 April 5, 2022 - "Request for Extensions and/or
Piggybacks."
I. Proposed Resolution No. R22-055 - Approve and authorize Mayor to sign
revised ARPA Subrecipient Partnership Agreement with Citrus Cove
Elementary School to correct Scrivener's errors and substitute subrecipient
signature page.
J. Proposed Resolution No. R22-056 - Approve revised ARPA Subrecipient
Partnership Agreement with Forest Park Elementary School to correct
Scrivener's errors and substitute subrecipient signature page.
K. Approve minutes from the March 1, 2022, and March 15, 2022 City
Commission meetings.
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Motion
Commissioner Hay moved to approve the Consent Agenda. Vice Mayor Cruz seconded
the motion. The motion passed unanimously.
7. Consent Bids And Purchases Over $100,000
A. Proposed Resolution No. R22-057 - Approve Award of Bid No. PWE22-008
for "Asphalt and Sidewalk Rehabilitation", and authorize the City Manager to
sign contracts with the two (2) lowest responsive and responsible bidders,
Atlantic Southern Paving and Sealcoating, LLC of Sunrise, Florida and M & M
Asphalt Maintenance, Inc. d/b/a All County Paving of Delray Beach, Florida
for asphalt and sidewalk restoration, to establish a pre-qualified list of vendors
with an estimated annual expenditure of $2,000,000.00.
B. Approve an annual expenditure with A & Associates of West Palm Beach, FL
in the amount of $150,000 for general laborers needed within various City
departments piggybacking the City of Tampa's contract #11110320 for the
period of the contract which expires on January 3, 2024.
C. Approve piggybacking the National Purchasing Co-Operative BuyBoard
contract # 603-20 for the purchase of uniforms for Police and Fire with an
estimated annual expenditure of$200,000. The BuyBoard procurement
process satisfies the City's competitive bid requirements.
D. 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 April 5, 2022 - "Request for Extensions and/or
Piggybacks."
E. Approve Task Order# LS-11-2022 with Giannetti Contracting Corporation in
accordance with RFQ 028-2821-19/MFD, Pre-Qualification of Contractors for
Utility Construction Services awarded by commission on August 6, 2019. The
agreement was renewed on August 7, 2021. The Scope of Work is for Lift
Stations 706, 809, and 909 Rehabilitation in the sum of $284,998.00 based
on unit costs provided by Giannetti Contracting Corporation in their respective
bid.
F. Award Task Order No. F-03-2022, Boynton Beach Women's Club Restrooms,
part of Bid No. 028-2511-20/RW for Minor Construction Services and
authorize the issuance of a purchase order to I.Q. Constructions, Inc. of
Delray Beach, FL as the lowest responsive, responsible bidder for the total
amount of $165,000.
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City Commission
Boynton Beach, FL April 5, 2022
G. Proposed Resolution No. R22-058 - Approve and authorize the Mayor to
sign the Subrecipient Grant Agreement from the Department of Economic
Opportunity (DEO) Community Development Block Grant-Mitigation (CDBG-
MIT) program in the amount of $2,100,000 for the East Water Treatment
Plant Generator Replacement project.
Brief audio interruption.
Motion
Vice Mayor Cruz moved to approve the Consent Agenda. Commissioner Turkin seconded
the motion. The motion passed unanimously.
9. City Manager's Report— None
10. Unfinished Business - None
11. New Business — None
Mayor Penserga noted that Commissioner Turkin requested a consideration for a PBSO
merger.
Motion
Commissioner Turkin moved to direct staff to request for a PBSO merger. Vice Mayor
Cruz seconded the motion. The motion passed 3-1. Commissioner Hay voted nay.
City Manager LaVerriere asked if the Commission was interested in seeing information
about financial impact and personnel challenges.
Mayor Penserga clarified the motion is a request for a proposal about a potential PBSO
merger. He confirmed they are interested in seeing an analysis from the City and
PBSO.
Audio interruption ensued. Was not able to record the entirety of discussion on this item.
12. Legal
A. Commission is requested to review the Lien Modification Order issued by the
Special Magistrate at the January 19th, 2022, hearing for case 09-3565.
Audio interruption ensued. Was not able to record the introduction of this item.
Deitch Shalom, property owner, noted he was not properly notified of the issue. He said
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Meeting Minutes
City Commission
Boynton Beach, FL April 5, 2022
he received notification after the appeal deadline passed.
Mayor Penserga asked for a summary of how the individuals were noticed.
Mr. Temple confirmed the individuals received notices via certified mail. He said they were
returned unclaimed. He said staff also posted the property and completed the affidavits.
Commissioner Turkin asked if the property was recently sold.
Mr. Shalom said it was sold in February 2022 for $160,000. The monthly rent was
$1,200.
Motion
Commissioner Hay moved to affirm the final order of the Special Magistrate in full. Vice
Mayor Cruz seconded the motion. The motion passed unanimously.
B. Approval of request from the City Attorney for private attorney-client session
of the City Commission pursuant to Section 286.011(8), Florida Statutes, to
discuss pending litigation in the following case:
CITY OF BOYNTON BEACH, a Florida municipal corporation,
Plaintiff, vs. JKM BTS CAPITAL, LLC., Defendant — Palm
Beach County Circuit Court Case Number: 50-
2020CA012780-XXXX-MB
Motion
Vice Mayor Cruz moved to approve Item 12B. Commissioner Hay seconded the motion.
The motion passed unanimously.
13. Future Agenda Items
A. Consider Draft Ordinance Creating a Citizen's Engagement Committee -
May 3, 2022
B. Discuss disposition of vacant 3.62 acre parcel adjacent to Leisurevillle and
west of SW 8th Avenue -TBD
C. Discuss Building Safety Inspection Program. Thus far, the State
Legislature has not moved statewide legislation forward. -TBD
D. Discuss Renaming Demonstration Garden Park - TBD
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Meeting Minutes
City Commission
Boynton Beach, FL April 5, 2022
E. Discuss Possible Land Swap with St. Mark's Catholic Church -TBD
F. Proposed Ordinance No. 21-025 First Reading. Approve Development
Agreement Ordinance. (Tabled from the September 21, 2021 City
Commission Meeting.) - TBD
14. Adjournment
There being no further business to discuss, the meeting was adjourned at 9:27 P.M.
ATTEST:
...54.11 ..ab•-‘4.)4...._
C tal Gibson M
City Clerk
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