Minutes 06-21-22 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 21, 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 Maylee DeJesus, 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 6:04 P.M.
Roll Call
City Clerk Maylee DeJesus 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 Mayor Ty Penserga
Mayor Penserga led the Pledge of Allegiance to the Flag.
Agenda Approval:
1. Additions, Deletions, Corrections
Mayor Penserga added an item to Legal.
Mayor Penserga added an item to Future Agenda for staff to research legal options
concerning rising rent costs and protecting tenant rights.
Commissioner Turkin added review of redlight cameras to Future Agenda.
Commissioner Hay added Juneteenth holiday discussion to Future Agenda.
Vice Mayor Cruz asked for consensus to receive the agenda one week prior to the
meeting. She also added a discussion about a potential park at Leisureville to Future
Agenda.
Meeting Minutes
City Commission Meeting
Boynton Beach, FL June 21, 2022
Mayor Penserga added Agenda Publication Date under New Business.
2. Adoption
Motion
Vice Mayor Cruz moved to approve the agenda as amended. Commissioner Hay
seconded the motion. The motion passed unanimously.
2. Other
A. Informational items by the Members of the City Commission.
Commissioner Kelley thanked the Boynton Beach Police Department and Interim Chief
DeGiulio for the ongoing inclusivity efforts.
Commissioner Turkin welcomed City Clerk Maylee DeJesus.
Mayor Penserga recognized the Juneteenth event and thanked the event organizers and
City Staff. He shared that he attended the Mayors' Roundtable earlier that day.
Commissioner Hay also acknowledged Juneteenth but noted that he attended Delray
Beach's Juneteenth event as well. He clarified that the day of Feeding South Florida has
changed from Thursday to Saturday, but the location and time remain the same.
3. Announcements, Community And Special Events And Presentations
A. Proclamation recognizing June 27, 2022, as National HIV Testing Day.
Esther Ducas, Program Coordinator with FoundCare, will accept the
proclamation.
Mayor Penserga read the proclamation. Esther Ducas and Rodney Roberts accepted
the proclamation and thanked the Commission. They shared information about
National HIV Testing Day on June 27, 2022.
B. Announce the City of Boynton Beach's 4th of July Event - Red. White, &
Blue with a Waterfront View on Monday, July 4 from 6:30 p.m. to 9:30 p.m.
at Intracoastal Park, 2240 N. Federal Highway.
Mayor Penserga announced the Community Input Meeting to be held on July 4,
2022.
C. Announce Virtual Community Input Meeting for the Parks System Master
Plan on June 28, 2022, at 6:30 p.m. Register to attend on the Parks System
Master Plan website: www.reimaginerecreationboynton.com
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Mayor Penserga announced the Community Input Meeting to be held on June 28,
2022.
D. The Fiscal Year 2022/2023 budget workshops are scheduled for July 11-
13, 2022 in the Police Department Community Room, 2100 High Ridge
Road: Monday, July 11, 2022 at 10:00 a.m. Tuesday, July 12, 2022 at
10:00 a.m. Wednesday, July 13, 2022 at 5:30 p.m. (if needed) The City
Commission will also consider adoption of a Preliminary Fire Assessment
Rate Resolution and a Tentative Millage Rate Resolution at these
Workshops.
Mayor Penserga announced the Fiscal Year 2022/2023 budget workshops to be held July
11-13, 2022.
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, recognized the Juneteenth celebration.
He asked about budget items. He spoke on the ongoing investigation and justice for SJ.
He mentioned potholes on his street.
Irvin Sinez spoke on the Juneteenth event and thanked the City.
Tory Orr, 106 NE 7t'' Avenue, asked about the budget workshop times and whether the
Wednesday workshop would be held, since it was the only one offered after 5pm. He
spoke on the Juneteenth event.
Cindy Falco De Corrado asked for the City to consider September as heterosexual
month. She spoke about the gold fringe on the American flag and no trespassing signs
at City Hall.
Susan Oyer, 140 SE 27th Way, read her aunt's obituary and details about her service.
She agreed that the time of the budget meetings should be adjusted so the public can
attend and be more transparent.
Bryce Graham, Second Vice President National Network Central Florida Chapter,
demanded justice for Stanley Dale Davis III.
Ernest Mignoli, 710 NE 7t'' Street, Unit 407, spoke about past City employees and notary
public.
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Boynton Beach, FL June 21, 2022
Danny Farrell, 4414 Roundtable Court, joined virtually. He thanked Mayor Penserga and
Commission Kelley for their work on Gateway traffic. He acknowledged the Pride
memorial.
Ramona Young, 101 S. Federal Highway, joined virtually. She spoke on a brochure
distributed with water bills.
Steven Grant was called upon virtually but there was no response.
Mayor Penserga closed Public Audience.
5. Administrative
A. Appoint eligible members of the community to serve in vacant positions on
City Advisory Boards.
Mayor Penserga noted there were no applicants for the Building Board of
Adjustments and Appeals, Education Youth and Advisory Board, Historic Resources
Preservation Board, and the Library Board.
Motion:
Commissioner Turkin nominated James Watson as an alternate to the Senior
Advisory Board. Commissioner Hay seconded the motion. The motion passed
unanimously.
Motion:
Commissioner Kelley nominated Jane Garcia-Deale as an alternate to the Senior
Advisory Board. Vice Mayor Cruz seconded the motion. The motion passed
unanimously.
6. Consent Agenda
A. Legal Expenses - May 2022 - Information at the request of the City
Commission. No action required.
B. Accept the written report to the Commission for purchases over $10,000
for the month of May 2022.
C. Proposed Resolution No. 22-085 - Approve and ratify the Collective
Bargaining Agreement between the Palm Beach County Police Benevolent
Association Police Captains and the City.
D. Accept Approve an increase to the annual estimated expenditures for bid
contract "Backflow Prevention Device Inspection, Testing and Repair
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Services" Bid # 020-2821-19/EM with Line-Tec, Inc. of Delray Beach, FL.
from $30,000 to $40,000 annually for the duration of the contract.
E. Approve the rankings as recommended by the Evaluation Committee and
authorize City Staff to conduct negotiations with the top four (4) ranked
proposers in response to the RFQ No. UTL22- 013 Request for
Qualifications for Professional Survey and Mapping Services and in
accordance with Florida Statute 287.055, otherwise known as the
Consultants' Competitive Negotiation Act (CCNA). After negotiations, the
contracts will be brought back to the Commission for approval.
F. Proposed Resolution No. R22-86 - Approve Waiver of Right of First
Refusal for the house belonging to Anitra Burgess Located at 504 N.W.
11th Avenue, Boynton Beach, Florida 33435.
Commissioner Kelley pulled Item 6C.
Motion:
Commissioner Turkin moved to approve the remainder of the consent agenda.
Commissioner Hay seconded the motion. The motion passed unanimously.
Mayor Penserga read Item 6C.
Commissioner Kelley disclosed that she consulted with Palm Beach County Ethics
Commission and was advised to recuse herself from voting because her husband is a
member of the collective bargaining unit. She has a completed Form 1B for the City Clerk.
Boynton Beach Police Captain Daniel Dugger provided additional context on the contract
and shared his personal thoughts.
Motion:
Commissioner Turkin moved to approve Item 6C. Vice Mayor Cruz seconded the motion.
The motion passed 4-0. Commissioner Kelley recused herself.
7. Consent Bids and Purchases over $100,000
A. Authorize utilizing GSA contract GS-07F-173GA, previously approved on
September 1, 2020, for the purchase of equipment and services for
installation and configuration of Avigilon Security Camera System and
access control from Broadcast Systems in the amount of $278,200.89.
B. Approve purchasing Unleaded Gasoline & Diesel Fuel from Port
Consolidated, Inc. from the Southeast Florida Governmental Purchasing
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Cooperative Group contract. The City of Pompano Beach is the Lead
Agency that issued RFP E-03-22. The City of Boynton Beach is a
participating cooperative group agency. The not to exceed amount for
approval is $1 ,500,000.00.
C. Approve an increase to the annual estimated expenditures for bid contract
"Furnish and Install Water Service Connections and Restoration" Bid #
021-2821-18/IT with Line-Tec, Inc. of Delray Beach, FL. from $25,000 to
$250,000 annually for the duration of the contract and approve a Utility
Capital Improvement Plan (CIP) budget adjustment of $225,000 for water
meter replacements.
D. Approve Task Order UT-3A-03 with Globaltech, Inc. in the amount of
$205,317.00 for the East Water Treatment Plant High Service Pumps 5 &
6 Improvements project.
Motion:
Vice Mayor Cruz moved to approve consent bids and purchases over $100,000.
Commissioner Hay seconded the motion. The motion passed unanimously.
8. Public Hearing
A. Proposed Resolution No. R22-087 - Approve and authorize the Boynton
Beach Community Redevelopment Agency to enter into a Purchase and
Development agreement with 306 NE 6th Avenue, LLC for the
development of a restaurant located at 211 East Ocean Avenue for a
purchase price less than fair market value.
Andrew Mack, Assistant City Manager, reviewed the proposed Resolution.
Mayor Penserga opened public comment.
Susan Oyer, 140 SE 27th Way, said that there has been no information shared at the
City Commission meeting about this item.
Sandra Watson, 348 Boynton Bay, asked what value they are selling it for and
encouraged it to be made public.
Cindy Falco De Corrado said that she would like to see the plans and provide input.
Anthony Barber, 1920 S. Federal Highway, is the owner of Troy's BBQ in West Palm
Beach. He said that the project is special and he wants to develop the land with a
restaurant named after his grandmother. He confirmed that they will be shipping
containers but with appropriate amenities. He spoke on job creation.
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Assistant City Mack clarified that the City Commission is not approving a site plan. He
stated that there will be a site plan approval process and will include public input.
Mayor Penserga closed public comment.
Motion:
Vice Mayor Cruz moved to approve Resolution No. R22-087. Commissioner Hay
seconded the motion. The motion passed unanimously.
9. City Manager's Report
None.
10. Unfinished Business
A. As requested by the City Commission, staff will be presenting additional
information regarding the City's park level of service standard.
Casey Young, Recreational Parks Director, presented the City's park level of service
standard. He reviewed the Parks Master Plan Process including public meetings, steering
committee meetings, and focus group meetings. He provided an overview of the planning
process which includes the following five (5) steps:
• Context analysis
• Needs and priorities assessment
• Long rang vision
• Implementation strategy
• Final plan and adoption
Amanda Radigan, Planning and Zoning Director, summarized the Parks Level of Service
(LOS). She reviewed the Park LOS comparison between Boynton Beach and and other
municipalities, including Boca Raton and Delray Beach.
Commissioner Turkin noted that the data would change significantly if they didn't include
the golf course.
Mayor Penserga stated that he received notice from counsel that there were virtual
speakers for Item 8A that were missed.
Mayor Penserga opened public comment on this item.
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Susan Oyer, 140 SE 27th Way, said that they are the third biggest City in the County
and 2.5 is embarrassing. She stated that she wants to see data on the four largest
cities.
Ernest Mignoli, 710 NE 7th Street, Unit 407, spoke on a diesel truck warehouse in District
IV.
Mayor Penserga closed public comment.
Mayor Penserga reopened public comment for virtual speakers on Item 8A.
Danny Farrell joined virtually. He stated that he is disappointed in downtown dining options
and development should be encouraged.
Barbara Reddy joined virtually. She expressed concerns about the draft language and the
option to remove the historical designation and possible demolition. She encouraged a
reverter clause in the agreement.
11. New Business
A. Agenda Publication Date
Vice Mayor Cruz noted that receiving the agenda on a Thursday is not enough time to
review, for a Tuesday meeting. She asked for the agenda to be ready a week prior to the
meeting.
Commissioner Hay agrees but asked about staff impact.
James Stables, Interim City Manager, said that it was possible, but it may prompt more
walk-on items.
Consensus was reached to set the publication date of the agenda one week prior to the
meeting.
12. Legal
A. Proposed Ordinance No. 22-014 - Second 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.
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Ed Bradley said that the application had a misspelling of his name. It is Edwin and
not Edward.
Ernest Mignoli, 710 NE 7th Street, #407, spoke on collusion and conspiracy.
Mayor Penserga issued a second warning to Mr. Mignoli to remain on topic.
Susan Oyer said that it is important to make this item happen.
Mayor Penserga closed public comment.
Motion:
Vice Mayor Cruz moved to approve Ordinance 22-014. Commissioner Kelley
seconded the motion. In a roll call vote, the motion passed unanimously (5-0).
B. Proposed Ordinance No. 22-016 - First Reading - an Ordinance of the City of
Boynton Beach, Florida; amending Chapter 18, Article IV, Pensions for
Firefighters; amending Section 18-180.2 of the City Code governing Firefighter
Pension COLA; amending Section 18-194(b) regarding the Firefighter DROP
program; providing for inclusion in the code; providing for severability;
providing for a repealer; and providing for an effective date.
City Attorney Cirullo read the proposed ordinance by title.
Motion:
Vice Mayor Cruz moved to approve Ordinance 22-016. Commissioner Kelley
seconded the motion. In a roll call vote, the motion passed unanimously (5-0).
C. Request for a Shade Session to update the City Commission on Town Square
Litigation
City Attorney Cirullo noted that a closed-door session has been requested to discuss
the case of City of Boynton Beach Florida Municipal Corporation versus JKM BTS
Capital LLC.
13. Future Agenda Items
A. Request for staff to research legal options concerning rising rent costs and
protecting tenant rights.
B. Review of redlight cameras.
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C. Juneteenth as a City Holiday.
D. Potential park at Leisureville to Future Agenda.
14. Adjournment
Commissioner Turkin noted that he received no donations from developers.
There being no further business to discuss, the meeting was adjourned at 7:40 P.M.
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FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE
Kelley Aimee Nicole _ _ Boynton Beach City Commission
MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTIIORITY OR COMMITTEE ON
WHICH I SERVE ISA UNIT OF:
COUNTY of CITY ❑COUNTY CIOTHER LOCAL AGENCY
Palm Beach ME OF-POLITICAL SUBDIVISION:
DATE ON WHICH VOTE OCCURRED — — -- '
MY POSITION IS:
June 212022 _ a ELECTIVE 0 APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority,or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of
interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing and filing the form.
1
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on
a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained
(including the parent, subsidiary, or sibling organization of a principal by which he or she is retained);to the special private gain or loss of a
relative;or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies(CRAs)under
Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited
from voting in that capacity. •
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law.A"business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above,you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are
abstaining from voting;and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the
minutes of the meeting,who should incorporate the form in the minutes.
i 1 • • . ♦ • ♦ • 4 ♦ f 1 • Y
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you are not prohibited by Section 112,3143 from otherwise
participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision,
whether orally or in writing and whether made by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form(before making any attempt to influence the decision)with the person responsible for recording the
minutes of the meeting,who will incorporate the form in the minutes. (Continued on page 2)
CE FORM 8B-EFF.11/2013 PAGE 1
Adopted by reference in Rule 34-7.010(1)(t),FAC.
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
',Aimee Kelley ,hereby disclose that on June 21 , 20 22
(a)A measure came or will come before my agency which(check one or more)
inured to my special private gain or loss;
inured to the special gain or loss of my business associate, •
V inured to the special gain or loss of my relative, Michael Kelley •
inured to the special gain or loss of , by
whom I am retained; or
inured to the special gain or loss of ,which
is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me.
(b)The measure before my agency and the nature of my conflicting interest in the measure is as follows:
Consent Agenda Item 6C. The approval of the Collective Bargaining Agreement between the Palm
Beach County Police Benevolent Assocation, Police Captains and the City.
My spouse is a Police Captain with whom this contract benefits.
If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer,
who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way
as to provide the public with notice of the conflict.
It '12
Date iled `9ignature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED$10,000.
CE FORM 8B-EFF.11/2013 PAGE 2
Adopted by reference in Rule 34-7.010(1)(f),F.A.C.
•
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