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Minutes 08-16-22 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, August 16, 2022, at 6:00 P.M. Present: Mayor Ty Penserga James Stables, Interim City Manager Vice Mayor Angela Cruz Mike Cirullo, City Attorney Commissioner Woodrow L. Hay Maylee De Jesus, 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 6:01 P.M. Roll Call City Clerk Maylee De Jesus called the roll. A quorum was present. Invocation by Pastor Chuck Brannon, Gateway Community Church Invocation was given by Pastor Chuck Brannon. Pledge of Allegiance to the Flag led by Commissioner Aimee Kelley Commissioner Kelley led the Pledge of Allegiance to the Flag. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Penserga noted that he received a request from City Counsel to announce a closed-door shade meeting regarding litigation under Legal. Mayor Penserga added 3E to the agenda in order to recognize the 12U Little League Team. He requested that Item 10B be moved to immediately after Public Audience. 2. Adoption Motion Commissioner Hay moved to approve the agenda, as amended. Commissioner Kelley seconded the motion. The motion passed unanimously. 2. Other Meeting Minutes City Commission Meeting Boynton Beach, FL August 16, 2022 A. Informational items by the Members of the City Commission. Commissioner Kelley announced that she had no disclosures. She shared she has been advised by the City Attorney, Palm Beach County Board of Ethics, and Florida Commission of Ethics that she does not have a conflict for the PBSO proposal item. Commissioner Turkin announced that he had no disclosures. He thanked Staff for working hard and their assistance. Vice Mayor Cruz announced that she had no disclosures. Commissioner Hay announced that he had no disclosures. He said that the First Friday at 5 concert was excellent. He spoke about the Florida League of Cities conference and the different classes they offer. He described the Florida League of Cities and encouraged his colleagues to attend when they can. Mayor Penserga stated that he attended the Florida Leagues of Cities and said it was educational. He mentioned that he attended a Town Hall meeting at Leisureville and thanked the residents in attendance. 3. Announcements, Community and Special Events And Presentations A. Announce that the City of Boynton Beach Pioneer Canal Boat Ramp and Observation Deck project has been nominated as one of the top 10 finalists for the Niagara Perk Your Park Project. Three projects will be selected to receive $75,000 based on receiving the most votes from the public. Voting takes place at www.niagaraperkyourpark.com. Participants can vote once each day through September 12th. Mayor Penserga read the announcement into the record. B. Announcement for the public to participate in the Parks System Master Plan Online Survey at www.ReimagineRecreationBoynton.com from August 8 through September 8, 2022. Mayor Penserga read the announcement into the record. C. Announcement of change to free chlorination of the water supply from August 17, 2022 through September 6, 2022. Mayor Penserga read the announcement into the record. D. Proclamation recognizing August 21, 2022 as Senior Citizens Day. Sandra Watson, Senior Advisory Board Chair, will accept the proclamation. 2 Meeting Minutes City Commission Meeting Boynton Beach, FL August 16, 2022 Mayor Penserga read the proclamation into the record. Ms. Watson accepted the proclamation along with the Senior Advisory Board. She gave some information about the Senior Advisory Board and what they do. She asked everyone to do something special for seniors. Each member introduced themselves and their position on the Board. E. Recognizing 12U Baseball Team Mayor Penserga read the recognition into the record. The Team accepted the certificate and took at group photo. Justin Ziken, Team Coach, stated that he is proud of the kids, and it was a team effort. He thanked his Assistant Coaches and the City for their support. 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) Mayor Penserga stated that they will have the PBSO item right after public audience, so those comments can be at that time. Danny Ferrell, 4414 Roundtable Court, congratulated the Police Chief. He addressed the speeding issue in the City and stated that there were a lot of citations on the first day of school and stated that fines should be more extensive. Donald Tarka said that we should consider someone local for a City Manager. He said also stated that he was shot with a BB gun on April 14, 2022, and nothing has been done since then, even though the Police Department has all of the information regarding this issue. He stated that political signs are being vandalized and that Community Standards pulled one of the signs from his yard. Keith Feit spoke about education and the school board election that is coming up in August. He commented about the different school rules that have been changed in different states. Herb Suss stated that he is still a part of the Hurricane Response Team. He said that when he makes a call to his Commissioner, he expects a return call. Gregory Hartman,1083 Southwest Place, spoke about the City Manager search, and stated that we should stay local, and he recommended Dan Dugger. He spoke about the Pirate Fest and said that he is disappointed that it is not coming this year, and he would 3 Meeting Minutes City Commission Meeting Boynton Beach, FL August 16, 2022 like to see it come back. Gloria Goolsby, 327 Boynton Beach Circle, spoke about the mental health community, and said that she needs support to serve the community. Susan Oyer, 147 Southeast 27th Way, expressed disappointment that the Commission and the CRA did not successfully secure Pirate Fest this year. She noted that the City should have budgeted for it. She also stated that the City should send out monthly reminders and changes in City rules of things that are allowed and not allowed. She said that she hopes Vice Mayor Cruz is feeling better. Bryce Graham spoke about the SJ case. He spoke about the firing of the previous City Manager and said that the current City Manager is not qualified to run the City. Cindy Falco DiCorrado spoke about street trash pickup. She commented on the LGBTQ flag that was painted in the middle of the road, that has been repainted three times. She mentioned the regular agenda item and not being allowed to talk about the PBSO issue at the last meeting. She also spoke about the City Manager search. She asked when they are getting a park in Forest Park. Brenda Williams, 337 Northeast 24th Avenue, spoke about the cemetery expansion and the ballfield next door. She stated that we have dropped the ball because there is nowhere to bury Boynton Beach residents. John Dame, PO Box 713, spoke about the issue that happened a few weeks ago in the Chambers, and also about the SJ case. Bernard Wright commended Commissioner Hay on what he said on the news. He stated that they have not been getting responses on anything. He stated that we need a citizen referendum to vote on the PBSO issue. He stated that Commissioner Kelley shouldn't have the right to vote, even if the Ethics Commission said she could. Ernest Mignoli, 710 Northeast 4th Street, Unit 407, spoke about the SJ case and stated that he has spent a lot of time with different agencies in regard to the investigation. Virtual Comments: David Katz suggested Commissioner Kelley proceed with caution when voting on the PBSO item. He stated that the Mayor has refused to return phone calls and emails. Pernell Davis thanked the Police Department for the SJ proclamation and how the cops interacted with kids and helping with parking. He stated that the family appreciates the love and support that they received that day. He mentioned that Officers should always be present at the games so that nothing happens. Michael Shimrocco thanked Commissioner Turkin for clearing out the sidewalks out for the kids to be able to walk to school. 4 Meeting Minutes City Commission Meeting Boynton Beach, FL August 16, 2022 10. Unfinished Business B. Discuss proposal from Palm Beach County Sheriffs Office (PBSO) for Law Enforcement Services, Municipal Police Officers' Retirement Fund and provide direction to staff on whether to proceed with the next phase, contract negotiations. Mayor Penserga commented on the pension liabilities that makes the merger financially unfeasible at this time. He thanked the Palm Beach Sheriff's Office and City Staff for their hard work on looking into the facts. He stated that he does not believe it is in the best interest of the City to move forward at this time and asked for a motion to discontinue discussion with PBSO for law enforcement services. Motion Commissioner Hay moved to end talks with PBSO. Vice Mayor Cruz seconded the motion. Commissioner Turkin thanked everyone involved and thanked the public. He spoke about supporting the Police Officers and asked what support they need. Interim City Manager Stables stated that he has been in talks with Chief DeGiulio about reorganization and they are looking at deficiencies, and how to create efficiencies. Chief DeGiulio stated that there is a plan in place, and they need to focus on staffing. He stated that they have plans in place to do high recruiting efforts. He stated that part of the retention is developing programs to keep employees, and that they need support with that effort. Commissioner Turkin thanked the Chief and all of the officers. Commissioner Kelley stated that we have to fix this, and that this proposal showed what our department really needs. She urged that if there are funds to get the job done, then that is what we need to do. She asked Chief DeGiulio what they can do as a Commission. Chief DeGiulio stated that 169 staff would be an ideal number of Officers. He said that we need to work on communications and funding for that. He mentioned that they had some funds in their budget that they want to reallocate. Commissioner Hay stated that the people have spoken and that he is sorry it took so long. He said that he is happy they are now headed in the right direction, and they need to do the homework quickly in the future, so that they do not spend a lot of time and money on these efforts, especially since they have done this before. 5 Meeting Minutes City Commission Meeting Boynton Beach, FL August 16, 2022 Vice Mayor Cruz stated that she is happy that we will have a Police Department of over 100 years, and that we need to help support our Police Department at all times. She thanked the Officers for what they do. Mayor Penserga stated that we cannot support our Police Department if we are not honest about the deficiencies and challenges that they are having. He said that as public policy makers, it is their responsibility to get all of the facts before moving forward. Public Comments: Herb Suss stated that he was in the military, and he is pro-police. He stated that this Commission is in fault in one area in that they should have taken a small portion of the millage rate to cover the cost. He said the people should be able to vote on all items. Susan Oyer stated heck no to PBSO. She said that there were covert meetings before this issue. She stated that they need the CRA Officers back. She spoke about the pension being an issue and maybe there should be an outside group coming in and researching options for the City. She mentioned that this should go on a referendum. She thanked Commissioner Hay for standing up against the PBSO the whole time and said we should bring the Police Explorers back. Steven Homerage, 690 Northeast 15th Place, said that he is happy about this decision because when something happens in the City, the response is quick. Cindy Falco DiCorrado spoke about the Officers being trained, and the Police Department needs to be reformed. She stated that the Officers do not know the Constitution since they are swearing to uphold the Constitution. She mentioned that the Commissioners are here for the people. Ben Klein thanked the Commissioners for reaching this decision although he thinks that it is not for the right reasons. He stated that we need to invest money into the Police Department, because no Officer should think that they would rather work for the County because it is a better place to work. David Wiggins stated that he is concerned because although they voted down PBSO, he is concerned about the community support. He said that they are not against the Police Department, they are against Police brutality. He commented that the community is asking to not to live in fear. Richard Dames stated that it is good to hear that they did not go with PBSO, and that he is concerned that they did not go with the proposal for the wrong reasons. He asked for a Town Hall meeting regarding the topic. He spoke about a voter alliance. Christy Ward said that when people say "at this time" it actually means that they are 6 Meeting Minutes City Commission Meeting Boynton Beach, FL August 16, 2022 looking for something else. She stated that the City needs to go on a diet and use the money for something else within the City. She commented that the Commissioners are not listening, and not following through with what they said when they ran for their seats. She said that they do not have a problem getting behind the Police Department, they just want to make sure that they are not attacked for their skin color. Rick Nocar, 348 Boynton Circle, expressed concern about buses being passed when they are stopped. He suggested getting speed cameras, and stated that Police Officers are being pulled off of the road to do other jobs. Ramona Young stated that she is disappointed in all of the Commissioners, except Commissioner Hay, because they did not stand up against this. She commented that Commissioner Turkin's email response to her was unacceptable. She mentioned that everyone has biases, and that she is seeing more racism now. She said that Police Officers need to be able to diffuse after every shift, and they should have a therapist 24/7. Mark Karageorge spoke about working with our Police and said that our Police are the best. He stated that he is happy that Chief DeGiulio is the Chief now, and that he will make the Police Department better. He spoke about what the residents want in the City. He stated that pension needs to be reformed, and that we have good Police and it has been difficult to get rid of bad Police. Bernard Wright stated that we need to fix our Police Department. He stated that we need to call out the Officers that are a concern. He spoke about Mayor Penserga running under the name Ty. He commented about getting responses to the residents of Boynton Beach. Bryce Graham spoke about the community voicing their opinions about PBSO, and that this should not come up again. He stated that the BBPD can be cleaned up, and there should be community forums and events with the Community and the Police Department. Stanley Davis stated that we had engagement with the community, and it was supposed to continue to happen and it has not happened. He said that we need to put the right Police Officers in the right position, that if they are not right for the area, they need to be moved to another area. He mentioned that moving forward, we are going to be a better Boynton Beach, and that we need to continue to have community meetings. Wesley (no last name given) stated that there are too many hands in the cookie pot. He said at the end of the day, we need to stop playing the Commissioners' own agenda. He mentioned that there are no checks and balances with the Commissioners, and that they do not want this to come up on an agenda again. Barbara Ready stated that we are a multi-generational community, and that people are watching what they are doing. She said that their vote matters. Harry Woodworth, 685 Northeast 15th Place, thanked the Commission for coming to this 7 Meeting Minutes City Commission Meeting Boynton Beach, FL August 16, 2022 conclusion, since it did not make any sense. He said that public safety is a priority for everyone in the community. He stated that he would like to see that the community is included in these types of talks. Evangeline Ward stated that she has heard a lot of knowledge tonight. She spoke about the history of Boynton Beach, and always having the spirit of unity. She commented about communication and the Commissioners not returning emails. Willie Akins, 726 Northeast 1st Street, stated that he has heard a lot of things today, and this conversation happened in 2012 as well. He spoke about the Neighborhood Police Program, which is the best program in the country. He said that we need to put money in the Police Department. He mentioned that we need to get people who are doing something and standing out, and this does not need to come up anymore. Carol Porter spoke about a Citizen's Advisory Board and asked for answers for SJ's family. She said that she is happy that we have our own Police Department. Ernest Mignoli, 710 Northeast 4th Street, Unit 407, spoke about issues in the City, taking the focus off of the SJ case with the PBSO proposal. He stated that we are connected with all issues in the country. He spoke about requiring vaccination and testing here. He said the command is out of control. Virtual Comments: Annette Gray said this is a good opportunity to talk about collaboration. She spoke about positive things that some of the Officers have done for the community. Michael Trempco spoke about the City Engineer that needs to be fired regarding traffic calming. Ray Whitely thanked the people who stayed the course and stayed focused on their disapproval on going this way. He stated that it should be celebrated that we come together as a community for a common purpose. He asked if they are willing to make the same commitment to the Boynton Beach Police Department that they were going to do with PBSO. He said that we need to get to work to make the community what it needs to be. Sheila Jo Gaines addressed the budget and spoke about building a top-of-the-line Boynton Beach Police Department facility but cannot get the right equipment for them. She applauded Commissioner Hay for being against it. Mayor Penserga stated that the motion is to discontinue discussions with PBSO. In a roll call vote, the motion passed unanimously. 8 Meeting Minutes City Commission Meeting Boynton Beach, FL August 16, 2022 Mayor Penserga called for a 15-minute break at 8:35 P.M. Mayor reconvened the meeting at 9:04 P.M. 5. Administrative - None 6. Consent Agenda A. Proposed Resolution No. R22-107- Ratify the approvals made by the South Central Regional Wastewater Treatment and Disposal Board on April 25, 2022, giving authorization for the following: 1 . Establish wastewater user rate at 1.12/1,000 Gal (O&M rate of $1.07/1,000 Gal and R&R Reserves Rate of $0.05/1 ,000 Gal) to Delray Beach and Boynton Beach for Fiscal Year 2022/2023; 2. Establish reclaim user rate at $0.18/1 ,000 Gal to consumers Delray Beach, Boynton Beach and South Central Regional for Fiscal year 2022/2023; 3. Authorize the Fiscal year Capital Improvement Plan and Associated Funding Plan for Fiscal Year 2022/2023; 4. Accept the 2022/2023 Wastewater and Reclaim O&M Budgets B. Proposed Resolution No. R22-108- Approve and Authorize the Mayor to sign the Subrecipient Agreement six-month extension with Boynton Beach Faith-Based Community Development Corporation, Inc., for the Community Development Block Grant - Corona Virus Cares Act Allocations 1 & 3; Emergency Rental Assistance Program adopted in Resolution No. R21-109, expanding the scope of service to include utility assistance. C. 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 August 16, 2022 - "Request for Extensions and/or Piggybacks." D. Accept the Fiscal Year 2021-2022 Budget Status Report of the General Fund and the Utilities Fund for the 9-month period which ended June 30, 2022, unaudited. E. Proposed Resolution No. R22-109- Assess the cost of nuisance abatement on properties within the City of Boynton Beach. 9 Meeting Minutes City Commission Meeting Boynton Beach, FL August 16, 2022 F. Legal expenses - June 2022 - Information at the request of the City Commission. No action required. G. Approve minutes from the July 11, 2022, July 12, 2022, and July 13, 2022 Budget Workshops, and the August 2, 2022 City Commission Meeting. Motion: Commissioner Turkin moved to approve the consent agenda. Commissioner Hay seconded the motion. The motion passed unanimously. 7. Consent Bids and Purchases over $100,000 A. Approve the purchase of site furnishings for Intracoastal Park from Victor Stanley as a sole source vendor. The estimated expenditure is $123,417.00 B. Approve an increase in the estimated annual expenditure for the Bid for Repairs and Emergency Services for Water Distribution, Wastewater Collection, and Stormwater from $500,000 to $2,000,000 for the period of May 8, 2022 to May 7, 2023. C. Proposed Resolution No. R22-110- Approve and authorize the Mayor to sign the extension of the Florida Inland Navigation District project agreement for the replacement of boat ramp and docks at Harvey E. Oyer, Jr. Park through September 30, 2023. D. Approve an increase to the estimated annual expenditure with Clean Space from $250,000 to$325,000 for the period of the City Bid 010-2511- 19/IT which expires on February 28, 2023. E. 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 August 16, 2022 - "Request for Extensions and/or Piggybacks." F. Approve the employee group medical, dental, vision, long term disability, and short-term disability insurance programs and recommended employer subsidies for Fiscal Year 22-23 and authorize City Manager to sign any required documents. 1 . Proposed Resolution No. R22-111- Approve and authorize City Manager to sign documents with UnitedHealthcare for City's group Medical Insurance for the plan year October 1, 2022 through September 10 Meeting Minutes City Commission Meeting Boynton Beach, FL August 16, 2022 30, 2023; 2. Proposed Resolution No. R22-112- Approve and authorize City Manager to sign documents with UnitedHealthcare for City's group Dental Insurance for the plan year October 1, 2022 through September 30, 2023; 3. Proposed Resolution No. R22-113- Approve and authorize City Manager to sign documents with UnitedHealthcare for City's group Vision Insurance for the plan year October 1, 2022 through September 30, 2023; 4. Proposed Resolution No. R22-114- Approve and authorize City Manager to sign documents with Unum for City's group Short Term Disability and Long-Term Disability Insurance for the plan year October 1, 2022 through September 30, 2023 Commissioner Kelley requested to pull Item 7A. Motion: Commissioner Turkin moved to approve the Consent Bids and Purchases over$100,000 with removal of 7A. Vice Mayor Cruz seconded the motion. The motion passed unanimously. 7A. Director of Public Works Mario Guzman spoke about the furnishing that he is replacing and what he is replacing it with. Commissioner Kelley stated that she pulled the item because she got an email from a constituent about it, and she wanted to go over why we are doing it now and also why we would not piecemeal changing out furnishings. She wanted him to speak about the life expectancy of the new products, and timing of these changes. Mr. Guzman stated that it is an effort to not have any mismatched furnishings. He spoke about the warranty on the products and their plan to move forward with all of the parks in the City. Commissioner Kelley asked how often the salt deteriorates the equipment and their life expectancy. Mr. Guzman responded that it is a minimum of 10 years. Commissioner Kelley asked if this is a sole source vendor. 11 Meeting Minutes City Commission Meeting Boynton Beach, FL August 16, 2022 Mr. Guzman replied yes. Motion Commissioner Turkin moved to approve 7A. Commissioner Kelley seconded the motion. The motion passed unanimously. 8. Public Hearing- None 6 p.m. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 9. City Manager's Report- None 10. Unfinished Business A. Proposed Resolution No. R22-099 - Approve First Substantial Amendment to the CDBG Annual Action Plan Fiscal Year(FY)2021, to reallocate leftover funds from FY 2015, 2016, 2017, 2018, 2019, and 2020, to fund a public improvement activity. Finance Director Mara Frederiksen presented on the following: Community Development Block Grant (CDBG) explained; CDBG 3 National Objectives; CDBG 5 major categories for fund uses; CDBG Pubic Services Activities FY 2017-2021; CDBG Housing Rehab Activities FY 2017-2021; Options for Leftover/Rollover Funds: $1,072,040.00; and Questions. Mayor Penserga asked if there is some flexibility. Ms. Frederiksen responded yes, there are some flexibilities, and explained where there are flexibilities in the allocations. Vice Mayor Cruz asked about supportive housing. Ms. Frederiksen stated that it is a partnership to rehab a multi-unit building to rehabilitate for low-income housing. Mayor Penserga asked about micro-enterprising and if it is successful. Ms. Frederiksen stated that it is an option, and we have not worked with them in the past. Commissioner Hay asked about the Hester Center improvements and what they are for. Ms. Frederiksen replied that it was to replace the playground equipment. 12 Meeting Minutes City Commission Meeting Boynton Beach, FL August 16, 2022 Mr. Guzman stated that it is to install a sunshade over the playground. He said it would also be to get to artificial turf and resurfacing the tennis courts. Commissioner Hay asked about the senior rental program. RJ Ramirez, Community Improvement Manager introduced Keturah Joseph, Executive Director of the Boynton Beach Faith Based Community Development Corporation. Ms. Joseph explained what the rehabilitation would be for, and said that it is for seniors, who are being hit the hardest. Commissioner Hay explained how seniors are moving out of their homes because they cannot afford it. Mayor Penserga stated that all of these projects are good, and we need to make a priority list. He said that in addition to senior programs, he is looking into solar panels to save the City money and mentioned that it would be good for the environment. Vice Mayor Cruz stated that she wants to focus on owner occupied rehabs, mainly for seniors. She said that they want to keep people here in Boynton Beach. She asked if the shade area for the park could include solar panels. Mr. Guzman explained what the shade is made of and why it cannot be a solar panel since they have to take it down for hurricanes. Ms. Frederiksen clarified the three items that they want to have considered, which will cover the entire amount. Vice Mayor Cruz stated that sometimes we do not hear about these items again and asked for communication and follow-up. Ms. Frederiksen stated that they will be doing marketing, and that some items will be coming back to the Commission. Mayor asked if a presentation will be coming back regarding solar panels. Ms. Frederiksen said that they could. Commissioner Kelley concurred with decisions made and asked if these are just estimates that were provided. Ms. Frederiksen explained what the estimates are, and advertising rules. There was consensus on proceeding with the three priority items: owner-occupied housing, Hester Center solar panels, and the senior rental housing program. Motion 13 Meeting Minutes City Commission Meeting Boynton Beach, FL August 16, 2022 Vice Mayor Cruz moved to approve Resolution 22-099. Commissioner Hay seconded the motion. The motion passed unanimously. B. City Commission will continue discussion on the City Manager search. Each Commissioner to prepare their individual list of top 5 candidates and come to consensus as a group on the top 3 candidates to move forward in the process with. Mayor Penserga stated that he asked the Commissioners to come to the meeting with their top 5 candidates and narrow them to the top 3, and they will do their best to come up with the top candidates. Commissioner Kelley stated that she had a concern, because there are several people who are employed and if their names are out there, this could get back to their current employer. City Attorney Cirullo stated that the process is public, and the names are public, and they understand the nature of the business, and there is no way to protect their identities. Vice Mayor Cruz stated that there were applicants that specifically asked that their names not be publicly out there and put their jobs at risk. Commissioner Hay stated that the problem would be getting down to the bottom two or three, and then have the bottom ones publicly named. City Attorney Cirullo explained the conflict and having transparency in public. Mayor Penserga stated that he would like to think that the applicants understand this, and they have agreed to some risk, because they applied for this position. He said that he would like to hear what the top candidates are for each Commissioner. Commissioner Hay said in no particular order: Chris Russo, Robert Cunrow, James Stables, Joshua Ray, Patrick Marsh. Vice Mayor Cruz named Christopher Russo, James Stables, and Daniel Dugger. Commissioner Turkin named Robert Cunrow, Don King, James Drumm, James Stables, and Daniel Dugger. Commissioner Kelley named Robert Cunrow, Nikki Carpinito, Jason Davis, Daniel Dugger, and James Stables. Mayor Penserga named James Stables, Daniel Dugger, Robert Cunrow, Leonard Sossamon, and Don King. Mayor Penserga tallied the results: Cunrow (4); Stables (5); Dugger (4) as the Top 3. He stated that he would like to meet with them and interview them. 14 Meeting Minutes City Commission Meeting Boynton Beach, FL August 16, 2022 Public Comment: Herb Suss stated that this should never have happened. He said that Lori was one of the best City Managers we ever had, and that there was an issue with the City Manager and with an individual on the dais. Susan Oyer stated that they should be looking for people with experience as a City Manager and a degree in this field. She said that only one person is qualified and she hopes that they make the right choice. She said that the residents deserve the best. Harry Woodworth stated that he has looked at the list extensively and that we need an executive leadership that people will follow. He asked them to hire executive level talent and get help with it. Jack Ripley stated that he is talking for the general employees needing the situation to stabilize and give them the assurance that they need, to do their day to day work. He stated that the morale has been impacted, and that this CEO will be key to anchoring the work that needs to be done. He commented about the process moving forward being transparent and inclusive. Barbara Ready stated that of the top 3, there are two she can understand and one she is shocked because that person is not qualified. She stated that she would like to file a Public Records Request because she does not like surprises. She explained what her and other residents picked out of the list of names that were submitted. She said that it would have been worth the money to hire a headhunter. Virtual Comments: David Katz stated that Dan Dugger should not be on the list and explained why it is a conflict. He stated that the other two are more qualified, and not politically motivated. Mayor Penserga asked if there was consensus to move forward with those three. He said that he plans to interview each individual. Commissioner Turkin said he interviewed them already and two are on the top of the list. Commissioner Kelley, Commissioner Hay, and Vice Mayor Cruz said they all need the opportunity to interview the candidates. Mayor Penserga stated that if they need to expand or change the list, that is the authority of the Commission. He will reach out to HR to set up interviews. City Attorney Cirullo asked if the consensus was to bring the item back to the September 8 meeting. Vice Mayor Cruz recommended holding a Special Meeting and not during the budget meeting. 15 Meeting Minutes City Commission Meeting Boynton Beach, FL August 16, 2022 Commissioner Hay said it should not be long budget meeting since they already drilled it down. Commissioner Turkin said that if we hold a special Commission Meeting, he has Military Orders and will not be present from August 21 — September 3. He would like to attend online if possible. He thanked Dan Dugger for his military service. There was discussion regarding dates and the Commission agreed to tentatively schedule a Special meeting on August 30th at 6:30 P.M. Vice Mayor Cruz asked if additional items can be added to this Special Meeting agenda. Mayor Penserga prefers that we focus on the City Manager item only during the Special Meeting. City Attorney Cirullo said any additional agenda items would need to be a part of the Special Meeting notice. Public Comment: Gloria Goolsby thanked Commissioner Turkin for his military service, and said that they are not there about military, they are there for the City. Susan Oyer she said that she is pro-military, but this has nothing to do with him applying as City Manager. She asked if we there is any kind of rule on the selection timeline and whether the residents can meet them first. Bernard Wright commended the military but noted that Mr. Dugger is not qualified based off of evidence. He said that they spoke about the facts and are not bashing him. He said that Commissioner Turkin ran on an agenda. Herb Suss stated that they should not make a mistake again about the City Manager. He said that they have a right to meet the manager. Ben Klein said that they need to avoid choosing people who are only available, and that we need to look for the right person. Mayor Penserga stated that they have received applications from all over the place, and they chose not to use a headhunter. Harry Woodworth explained that the best people do not respond to advertisements, and headhunters usually know who would be better for the job. Virtual Comments — None. Mayor Penserga stated that there will be public participation, but he would like to interview them first. 16 Meeting Minutes City Commission Meeting Boynton Beach, FL August 16, 2022 Mildred Hay stated that the Commissioners do not have a lot of experience, and they are searching for a City Manager. She said that the City Manager that they pick needs experience, and so do the Commissioners. She mentioned that they should not have someone on the list that has no qualifications. She said that they are too much in a hurry. She mentioned that Lori knew what she was doing, and she said she is scared about their decision. She said that she does not want to lose the employees that have stuck around. Commissioner Hay commended his wife for speaking up and said that he does have a concern. He said that he hopes the City is not heading in the direction of a strong Mayor form of government, which he could see happen. He explained about the concern with qualifications. Mayor Penserga said that it sounds like an accusation, but he has respect for Commissioner Hay. He said that there will be public participation. 11. New Business A. Discussion on regulating Short-termNacation Rentals based on initial research provided by staff and provide direction to staff relative to establishing local standards. Motion Vice Mayor Cruz moved to table this item. Commissioner Hay seconded the motion. The motion passed unanimously. B. Discussion on Advisory Boards providing a report to the City Commission, requested by Commissioner Kelley. Commissioner Kelley stated that she spoke with staff about this topic while staff gathers information on this, so she would like to table this. Motion Commissioner Kelley moved to table to the October 4 meeting. Vice Mayor Cruz seconded the motion. The motion passed unanimously. 12. Legal- None City Attorney Cirullo read the request for the closed-door session with JKM. He noted that they would coordinate a date with the City Clerk's Office and issue a public notice. 13. Future Agenda Items 17 Meeting Minutes City Commission Meeting Boynton Beach, FL August 16, 2022 A. Discussion on a potential park in Leisureville, requested by Vice Mayor Cruz - September 8, 2022, as part of the Budget Adoption. B. Research feasibility of Solar Panels on City buildings, requested by Mayor Penserga -September 8, 2022. C. Discussion on draft height ordinance - Tentatively scheduled for September 8, 2022, pending review by Planning & Development Board in August 2022. D. Discussion on the Red Light Camera Program requested by Commissioner Turkin -September 8, 2022 E. Discussion on observing Juneteenth as a City holiday, requested by Commissioner Hay -September 8, 2022 F. Local Rules and Procedures for Commission Meetings, requested by Mayor Penserga - October 4, 2022 G. Consider a LDR amendment to add a requirement for a minimum commercial area percentage to mixed use developments, requested by Vice Mayor Cruz -To be scheduled for Commission agenda once it has gone to the Planning & Development Board in September 2022. H. Report on the status of infrastructure within the City, requested by Mayor Penserga - October 18, 2022 I. Commission discussion on staff research of legal options to help mitigate rental prices and tenant rights, requested by Mayor Penserga - October 18, 2022 J. Additional homestead for low income seniors, requested by Mayor Penserga - October 18, 2022 K. Draft Ordinance on Civility & Decorum - October 18, 2022 Interim City Manager Stables stated that we have dates but if we need clarity, we will get it from the requesting Commissioner. 14. Adjournment Motion Commissioner Hay moved to adjourn the meeting. Vice Mayor Cruz seconded the motion. The motion passed unanimously. 18 Meeting Minutes City Commission Meeting Boynton Beach, FL August 16, 2022 There being no further business to discuss, the meeting was adjourned at 10:41 P.M. CITY OF BOYNTON BEACH ATT.ST. h.f • •cr , Maylee ue :sus, MPA, M C Ty Pe 41111-"V City Cle Mayor i NTONa NNS AP A O D M: (Corporate Seal) ,��;.�QORArF•.•�q '�� 121Q°;, 1hL ••y1,1Michael D. Cirullo, Jr. • R?ORAj�O. % City Attorney CO 0 , 192 eA �k`h,� FLOR� 19 N`Sg1OON4 F Commissioners Palm Beach County oN Michael H. Kugler,Vice Chair • I • Michael S. Kridcl '4 ' -41. Commission on Ethics Peter L. Cruise Vacant (4 J Executive Director 6ZACH GO Christie E. Kelley Honesty-Integrity-Character June 15, 2022 Aimee Kelley, Commissioner City of Boynton Beach 100 E. Ocean Ave. Boynton Beach, FL 33435 Re: RQO 22-013 Conflict of Interest Dear Commissioner Kelley, Your request for an advisory opinion to the Palm Beach County Commission on Ethics (COE) has been received and reviewed. The opinion rendered is as follows: QUESTION: Does the Palm Beach County Code of Ethics (Code) prohibit you from participating in and voting on the potential merger between the city of Boynton Beach (City) and the Palm Beach County Sheriff's Office (PBSO) when your spouse works for the City's police department? BRIEF ANSWER: You are not prohibited from participating in the discussions and voting on the matter because the size of the class affected is large enough and there is no indication that your spouse's personal gain or loss from the merger would exceed significantly that of other City police officers. FACTS: You are a City commissioner, and your husband is a police captain for the City's police department. The City is contemplating entering into an agreement with PBSO wherein the City would merge its police department with PBSO. The City Commission is awaiting the proposal from PBSO. There are approximately 128 police officers employed by the City. These officers would be affected by the merger with PBSO. ANSWER: The Code prohibits you from using your official position to give a special financial benefit, not shared with similarly situated members of the general public, to any of the persons or entities listed in Section 2-443(a)(1-7), which includes yourself or your spouse.' Similarly, the Code prohibits you from voting on an issue or participating in any matter coming before the City Commission which would give a special financial benefit, not shared with similarly situated members of the general public, to yourself or your spouse.2 Whether a matter rises to the level of a prohibited conduct and voting conflict turns on whether a special financial benefit is shared 'Sec.2-443(a) 2 Sec.2-443(c) 300 North Dixie Highway, Suite 450, West Palm Beach, FL 33401 561.355.1915 FAX: 561.355.1904 Hotline: 877.766.5920 E-mail: ethics@pbcgov.org Website: palmbeachcountyethics.com with similarly situated members of the general public. Financial benefit is defined as economic gain or loss.' Although there is no bright line test or "magic number" of individuals who would need to be similarly affected to transform a personal gain into a gain shared with similarly situated members of the general public, the COE has previously opined that where the size of the class who stand to benefit is small, the likelihood of prohibited financial benefit is much greater.4 Where the size of the class affected is large, a prohibited financial gain only arises if there are unique circumstances which would enable one person to benefit more than the other persons within the class.5 In evaluating whether the size of the class is large enough,the COE has previously utilized the "one-percent rule."6 The general line drawn by the COE is where the interest of the person who will receive the financial benefit involves 1% or less of the class. In other words, 100 or more affected persons is a sufficiently large class to transform the benefit or loss into one that is shared by similarly situated members of the general public. Based on the facts submitted, the affected class contains approximately 128 City police department employees. Your husband's interest in the class affected is 0.78%, which is less than 1%. Therefore, even though your spouse stands to receive a financial benefit (gain or loss) by this merger, any benefit received would not be considered "special" because the size of the class affected is sufficiently large enough to transform any benefit into one that is similarly shared by all those affected by the merger. Further, there is nothing in the facts that currently indicate any unique circumstance wherein your spouse's personal gain or loss from the merger would exceed significantly that of other City police officers. The Code would only prohibit you from participating in discussions or voting on this matter if facts and circumstances showed that the merger would provide a unique benefit to your spouse. Therefore, because the exact language of the merger that you may be called to vote upon is not yet available for review, best practices dictate that you carefully examine the text, when available, to ensure that your participation and vote complies with these principles and does not give your spouse a special financial benefit. LEGAL BASIS: The legal basis for this opinion is found §2-443(a) and §2-443(c) of the Code: Sec. 2-443. Prohibited conduct. (a)Misuse of public office or employment. An official or employee shall not use his or her official position or office, or take or fail to take any action, or influence others to take or fail to take any action, or attempt to do any of these things, in a manner which he or she knows or should know with the exercise of reasonable care will result in a special financial benefit, not shared with similarly situated members of the general public, for any of the following persons or entities: (1) Himself or herself; 9 RQO 10-013 Id. 5 RQO 12-071 RQO 14-006 300 North Dixie Highway, Suite 450, West Palm Beach, FL 33401 561.355.1915 FAX: 561.355.1904 Hotline: 877.766.5920 E-mail: ethics@pbcgov.org Website: palmbeachconntyethics.com (2) His or her spouse or domestic partner, household member or persons claimed as dependents on the official or employee's latest individual federal income tax return, or the employer or business of any of these person. (c) Disclosure of voting conflicts. County and municipal officials as applicable shall abstain from voting and not participate in any matter that will result in a special financial benefit as set forth in subsections (a)(1) through (7) above. The term "participate" as used in this section shall be defined as: "To take any action, or to influence others to take any action, or to attempt to do any of these things, in order to affect the passage or defeat of the specific matter before the voting body in which the official is required to abstain from voting." The official shall publicly disclose the nature of the conflict and when abstaining from the vote, shall complete and file a State of Florida Commission on Ethics Conflict Form 8B pursuant to the requirements of Florida Statutes, §112.3143. Simultaneously with filing Form 8B, the official shall submit a copy of the completed form to the county commission on ethics. Officials who abstain and disclose a voting conflict as set forth herein, shall not be in violation of subsection (a), provided the official does not otherwise use his or her office to take or fail to take any action, or influence others to take or fail to take any action, in any other manner which he or she knows or should know with the exercise of reasonable care will result in a special financial benefit, not shared with similarly situated members of the general public, as set forth in subsections (a)(1) through (7). This opinion construes the Palm Beach County Code of Ethics Ordinance and is based upon the facts and circumstances that you have submitted. The COE does not investigate the facts and circumstances submitted but assumes they are true for purposes of this advisory opinion. This opinion is not applicable to any conflict under state law. Inquiries regarding possible conflicts under state law should be directed to the State of Florida Commission on Ethics. Please feel free to contact me at 561-355-1915 if I can be of any further assistance in this matter. Sincerely, Christie -. :Hey Exr tive Dire tor CEI</gal 300 North Dixie Highway, Suite 450, West Palm Beach, FL 33401 561.355.1915 FAX: 561.355.1904 Hotline: 877.766.5920 •E-mail: ethics@pbcgov.org Website: palmbeachcountyethics.com John Grant TI ... Kerrie J.Stillman Chair Executive Director Glenton "Glen" Gilzean,Jr. ;, +- wee- ly .` Vice Chair ` '. Steven J.Zuilkowski Michelle Anchors Deputy Executive Director/ fi . ` General CounselAntonio Carvajal rE Don Gaetz William "Willie" N. Meggs State of Florida (850)488-7864 Phone Jim Waldman COMMISSION ON ETHICS (850)488-3077(FAX) P.O.Drawer 15709 www.ethics.state.fl.us Tallahassee,Florida 32317-5709 325 John Knox Road Building E,Suite 200 Tallahassee,Florida 32303 "A Public Office is a Public Trust" July 26, 2022 Aimee Kelley City Commissioner City of Boynton Beach 100 E. Ocean Ave. Boynton Beach,FL 33435. KelleyA@,bbfl.us BY EMAIL Dear Ms. Kelley, I am writing to you in response to your July 15, 2022 email inquiry regarding the application of the Code of Ethics for Public Officers and Employees (Part III of Chapter 112, Florida Statutes) provisions to your facts and circumstances. You wrote in your inquiry that you were recently appointed to the City of Boynton Beach City Commission (Commission), to fill a vacancy. You further state that your spouse is a police captain with the City of Boynton Beach (City). You further state that, prior to your appointment to the Commission,the Commission had requested the Palm Beach County Sheriffs Office (PBCSO)to provide a proposal for a potential merger of the PBCSO and the City's police force. You further state that your spouse is one of the 128 active police personnel working for the City's police force. Based on these facts, you ask whether consideration of, participation in, and voting on the proposed merger of the City's police force and the PBCSO would pose any prohibited conflict for you. Relevant to your inquiry, Section 112.3143(3)(a), Florida Statutes, provides: No county, municipal, or other local public officer shall vote in an official capacity upon any measure which would inure to his or her special private gain or loss; which he or she knows would inure to the special private gain or loss of any principal by whom he or she is retained or to the parent organization or subsidiary of a corporate principal by which he or she is retained, other than an agency as defined in s. 112.312(2); or which he or she knows would inure to the special private gain or loss of a relative or business associate of • j Ms.Aimee Kelley July 26, 2022 Page 2 the public officer. Such public officer shall, prior to the vote being taken, publicly state to the assembly the nature of the officer's interest in the matter from which he or she is abstaining from voting and, within 15 days after the vote occurs, disclose the nature of his or her interest as a public record in a memorandum filed with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the minutes. This provision prohibits local public officers from voting on any matter that would inure to the "special private gain or loss" of the public officer, or that he or she knows would inure to the "special private gain or loss" of a relative, among which is a spouse; a business associate; or a principal by whom the public officer is retained. "Special private gain or loss" is defined in Section 112.3143(1)(d), Florida Statutes,as: an economic benefit or harm that would inure to the officer, his or her relative, business associate, or principal, unless the measure affects a class that includes the officer, his or her relative, business associate, or principal, in which case, at least the following factors must be considered when determining whether a special private gain or loss exists: 1. The size of the class affected by the vote. 2. The nature of the interests involved. 3. The degree to which the interests of all members of the class are affected by the vote. 4. The degree to which the officer, his or her relative, business associate, or principal receives a greater benefit or harm when compared to other members of the class. Based on the facts presented in your inquiry, we must analyze whether your vote might inure to the special private gain or loss of your spouse and also yourself, in the event of a merger between the PBCSO and the City's police force. Nevertheless,with regard to your spouse,who is presently retained by City, and based on the facts contained in your inquiry,the possibility of any gain or loss is not to such a degree as would constitute a"special"private gain or loss under Section 112.3143(3)(a), Florida Statutes. See CEO 13-20. Your vote on the merger of the City police force with the PBCSO would not affect your spouse's interests any more than the other members of the class, i.e., the 128 active police personnel employed or retained by the City. This implies that any potential gain or loss does not rise to the level of a "special" gain or loss. Based on these facts, it appears that the consideration of a vote on the proposed amendment will not pose a voting conflict for you. At one point in your inquiry, you also inquire if you may "participate" in the discussion related to the proposed merger. Relevant to "participation" in such a circumstance,the prohibition contained in Section 112.3143(4), Florida Statutes, applies to appointed officers, which you are not,and applies when a voting conflict exists in the first place,which it apparently does not in this case. Therefore, it appears that Section 112.3143(4), Florida Statutes, will not prohibit you from Ms.Aimee Kelley July 26, 2022 Page 3 participating in the discussion related to the proposed merger between the City police force and the PBCSO. The guidance provided in this letter is limited to the facts that have been provided. If there are additional material facts,or if I have misstated them in this letter,please contact me again. The referenced statutes and advisory opinions are available on the Commission's website at www.ethics.state.fl.us. If you have any other questions about the guidance contained in this letter, please feel free to contact me. Sincerely, -/Suhail Chhabra Suhail Chhabra Staff Attorney Florida Commission on Ethics (850)-488-7864