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Minutes 05-03-22 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, May 3, 2022, at 5:30 P.M. Present: Mayor Ty Penserga James Stables, Interim City Manager Vice Mayor Angela Cruz Michael Cirullo, Deputy City Attorney Commissioner Woodrow L. Hay Crystal Gibson, City Clerk Commissioner Thomas Turkin Commissioner Aimee Kelley 1. Openings A. Call to Order- Mayor Ty Penserga Mayor Penserga called the meeting to order at 5:31 pm. Roll Call City Clerk Crystal Gibson called the roll. A quorum was present. Invocation by Pastor Amalie Ash, First Presbyterian Church The Invocation was given by Amalie Ash, First Presbyterian Church. 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 under Unfinished Business, a discussion about the search process for a permanent City Manager. Commissioner Turkin added to Future Agenda, staff review of Green Space requirements. 2. Adoption Motion Vice Mayor Cruz moved to approve the agenda as amended. Commissioner Hay seconded the motion. The motion passed unanimously. Meeting Minutes City Commission Boynton Beach, FL May 3, 2022 2. Other A. Informational items by the Members of the City Commission. Vice Mayor Cruz had no disclosures. Commissioner Hay stated that he attended the League of Cities meeting. He also attended the community meeting at the Carolyn Sims Center. Commissioner Turkin had no disclosures. He attended the Rock the Plaza event and the opening of Mancave. Commissioner Kelley had disclosures. On Saturday the 23rd, she attended the Earth Day Celebration at City Hall. It was a great success. She thanked staff for always doing an amazing job. Mayor Penserga disclosed that on Saturday, April 23rd, he attended the Earth Day Celebration. He also attended Rock to Plaza and the Fire Fighters Fishing Tournament and Chili Cook Off. 3. Announcements, Community And Special Events And Presentations A. City lobbyist Mat Forest to provide the City Commission and the public with an update on the state Legislative Session. Mat Forest, Ballard Partners, provided an update on the state Legislative Session. Commissioner Hay inquired about the crime prevention bill. If it is struck down by the Governor, can it be refiled? Mr. Forest stated that if the bill is struck down, there is nothing stopping him from refiling it again. Vice Mayor Cruz stated that she would love to have Mr. Forest come back after the special session is over and talk about any changes in property insurance. Mayor Penserga asked what is the process for business damages. How would a business make that claim? Mr. Forest stated that he would rather provide that answer in writing rather him trying to remember all the details of a long bill. B. Proclaim the month of May 2022 as Mental Health Awareness and Trauma Informed Care Month. Proclamation to be received by Gerda 2 Meeting Minutes City Commission Boynton Beach, FL May 3, 2022 Klein from the Boynton Beach Mental Health Committee. The proclamation was accepted by Gerda Klein from the Boynton Beach Mental Health Committee. Mrs. Klein thanked Mayor Penserga for proclaiming the month of May as Mental Health Awareness and Trauma Informed Care Month. She is also grateful for the City's continued support of Mental Health education and awareness in the community. Mrs. Klein announced the Remembering and Healing Together event that will take place on Sunday, May 15, 2022 from 1:00 p.m. to 5:00 p.m. at Centennial Park &Amphitheater. A warm thanks to Eleanor Krusell and her amazing marketing team. C. Proclaim the month of May 2022 as National Historic Preservation Month. Proclamation to be received by Barbara Ready, Chair of the Historic Resources Preservation Board. Barbara Ready, Chair of the Historic Resources Preservation Board, accepted the proclamation and thanked the Commission. As we embark on the next three years of our City's history, we should remember that we stand on the shoulders of the people who have come before us, the people who created the rich tapestry of the story of life in Boynton Beach. In our rush to make everything shiny and new, care should be taken so that we do not forget who we are and unravel too much of the beautiful tapestry of what Boynton Beach was and is. According to a recent University of Florida study. Historic preservation is a proven economic driver. Preserving the pieces of our history is not only ecologically smart. It can create community pride, improve property values, and increase visitor interest. We need only look to our cities in the neighboring area to see how historic preservation has improved and benefited them. She told the Commission that as they begin work on the strategic plan, she would urge them to remember to make what they weave into our tapestry as meaningful as what came before them and include more appreciation, what little is left of the historic pieces of Boynton Beach. Change just for change's sake is not always good. Thank you very much for reminding everyone of the importance of historic preservation. D. Announcement by John Durgan, Economic Development Manager, regarding Turn the Tables Career and Internship Expo on May 11 , 2022. John Dorgan, Economic Development Manager, stated that the City, in partnership with Path to College and Career Source of Palm Beach County, will be hosting the Turn the Tables, Career, and Internship Expo. next Wednesday, May 11th, from 2:30 p.m. to 5:30 p.m. at the Arts and Cultural Center, located at 125 East Ocean Avenue, on the second- floor auditorium, right here in Downtown Boynton Beach. This expo is geared toward high school students interested in paid and unpaid internship opportunities and potential entry- level positions in various industries. The goal is to connect students to internships that will provide hands-on experience, help build relationships and rapport with future employers, and learn about the industries of the future. This style will also benefit employers. By creating a talent pipeline of prospective employees, we believe that 3 Meeting Minutes City Commission Boynton Beach, FL May 3, 2022 investing in our students at an early age will benefit our employers in the future to adapt to labor shortages and hiring difficulties while creating a skilled workforce. For more information and to register for the Expo as a student and an employer, you can visit the website at www.boynton-beach.org/internship-fair. Or you can call him, John Durgan, at 561-742-6014. In addition, there are flyers in the back of Chambers for those who may be interested. Vice Mayor Cruz inquired which professions will be covered at the event. Mr. Durgan responded that there are currently 14 employers that are registered and they range from logistics, hospitality to medical. 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) David Katz, 67 Midwood Lane, commented that when Ms. Cruz voted to terminate the City Manager, she mentioned that the staff was too friendly with the developers. They are professional people, and they meet with developers, their staff, and representatives and inform them of the Code and Ordinances of the City. They are not friendly. They do business with them. It is the Commission that is friendly with the developers. He said you are the ones who grant exceptions and variances. Ms. Cruz, you took in close to $13,000 from developers and representatives for your campaign. The Mayor took in over $24,000 from developers and representatives. He does not think that the staff is cozy with the developers. It is the Commission. When Ms. Kelley was appointed, the Mayor noted that we were making history. Well, the Mayor blew it again. You do not know the history of Boynton Beach. Arleen Wiener served on the Commission with Sam Delong, Bill Delong's daughter, two women who served over 30 years ago. Mrs. Wiener also served alongside Lynn Matson and Lilian Artis, Commissioner Hay's sister. The day after they fired the City Manager, Mayor Penserga moved into the City Manager's office. He does not know why the Mayor needs that office. Do you think the employees are happy? You are in Neverland if you feel the employees are happy about what you are doing. Can you explain to everyone here why you need that office? Why are you meeting up there with union members behind closed doors? Why are you meeting with other Commissioners behind closed doors? You are in violation of the Sunshine Law, and you are not allowed to direct staff, which violates the Charter. Mack McCray, 806 NW 4th Street, congratulated the new Commission members and told them to be sure they have a copy of the City Boynton Beach's Charter. Make sure that you have ethics training. Not only is the County Commission on Ethics watching you, the state is watching all of you. At the last meeting, the Mayor congratulated the new City Manager. Sir you are only the Interim City Manager. Mr. McCray had the opportunity to work with the Mayor for three years. He said, sir, it was a pleasure to 4 Meeting Minutes City Commission Boynton Beach, FL May 3, 2022 serve with you for those three years. He does not know what happened after those three years. He asked, what has happened to you and your ego? His parent always told him be careful for the people you step on the way up, you will need them on the way down. Cindy Falco-DiCorrado, stated she was told that only four hours a year you are taught the Constitution. Each one of you have sworn Oaths of Office to up hold the Constitution of the United States of America and the Florida Constitution. The Constitution keeps the Government from encroaching on our rights. She will be at each meeting to read part of the Constitution. She is glad that the public is still allowed. This is a public meeting and we are your bosses. Whether you feel that way or not, you do work for the people and each and every one of you are public servants. Please do not forget that. We are not here to serve you. You are here to serve us. Susan Oyer, 140 SE 27th Way, stated the former Mayor pictures hanging in the Chambers have been grossly distorted. She pointed out her dad's picture and stated that is not what he looks like. He said they should have been left in their original frames with the original pictures. These are the men and women who made the City the third largest city in the County and the great City that we are. With the expectation of former Mayor Hay who is a respectable man, what has been going on lately is not a respectable situation. She hopes that something is done with the Mayor pictures. It is embarrassing to the entire City what you have done to our former great leaders. They were greater than you all will ever be. When she quit the Arts Board about all the problems on the Arts Board and with Courtlandt McQuire, the Arts Board Chair, and the Vice-Chair, Marcia Levine, they regularly violated the Sunshine Law and Code of Ethics. She brought it up. She sent two different e-mails, one to the Mayor and one to the whole Commission. You are aware, but you turn around, and you put Mr. McQuire on the Planning and Development Board. This is a man who regularly violates the Sunshine Law, and you did this. You put him on the most crucial board in this City, a quasi-judicial board that has so much impact, and he is very likely going to do the same thing. She is not accusing him of having done anything currently. He tried to drag me in the middle of this nonsense on the Arts Board. That was a wrong choice. She said she does not know which one of the Commission put him on the Planning and Development Board, but they need to stop and look at this. Maybe, you want to go back and read the letter that she sent to the Commission about why she quit the Arts Board? She said did post some of it on Facebook when he was running for office, so that the public would know what he has done wrong. Please, do something about this. You put a man on there who the City Attorney had to have multiple trainings to tell him to stop doing this and explain what Sunshine Law and Code of Ethics training is. Herb Suss, 1711 Woodfern Drive, said that Woodrow Hay is a great former Mayor and one of the best Commissioners we ever had. He thanked him for voting to keep Ms. LaVerriere. He said he voted for Commissioner Cruz and has to admit he is sorry. He called Commissioner Cruz last Friday and asked when is he going to get a call back. He said the biggest thing tonight is keeping our police. Once we get rid of our Police Department, what is next the Fire department? He wants the City of Boynton Beach to 5 Meeting Minutes City Commission Boynton Beach, FL May 3, 2022 stay independent. He asked the Mayor why the heck he was using the City Manager's office. He has no right. What is it good for your ego? He thinks it is against the law. If it is not, he will stand corrected. He has done a lot for the City. He has not been here in a long time. Maybe things are going to change. He said he sees a lot of good people that he remembers. Rae Whitely, 239 NE 12th Avenue, announced that May 5th is the National Day of Prayer. We will be having prayer at the amphitheater at 10:00 a.m. and at 5:30 p.m. He asked at 10:00 am to bring our City workers and City staff. Faith in Florida, Boynton Beach Coalition of Clergy, Saint John Missionary Baptist Church and other community faith leaders will be there to pray with the community. At 5:30 p.m., we will be back to pray with community members who may be getting off from work. We want to make sure that you have an opportunity to come, regardless of your faith. This is not a specific faith day; it is a multi-faith thing. So, you could come out and begin the reform in reconciliation through prayer. Christy Ward, 1518 N Seacrest Boulevard, a representative of the Coalition of Clergy and Faith in Florida, stated that the people do not want a merger with the PBSO. She was born and raised in Boynton Beach. She remembers when Seacrest was just two lanes. She remembers the goodness in the City of Boynton Beach. Again, please do not bring in this merger. We have a good structure here. You have some bad ones, and you have some good ones. Instead of demolishing and getting rid of everything where we lose power. So please reform and not replace. We have a good structure. Let us gut out whatever needs to go and build from there. Once you start listening and hearing, the people will back you. When you do not listen, we cannot back what we know is wrong. Anything that you do, God sees it, even if we do not. Irwin Cineus, 2405 Quantum Boulevard, commented that there was a community meeting last night, and he appreciates the people there. It was noted that there had been sheriffs in the community. He feels that they are taking the stance that they are already here. Who would we report that to? He wants to make sure that jurisdictions are not being crossed. Another community concern is the lights at the basketball court on NW 10th. Not all of the lights are working. Also, the surrounding area is dark at night. Is there any update on the Internal Affairs investigation regarding Stanley Davis, III? Gregory Hartmann, 1083 SW 25th Place, commented on the proposed ordinance for the voting boundaries. He feels it does need a second review in front of the Commission that is now seated in front of the community. He believes that option one was the choice. He is not sure that is the best representation for the community. He believes that option two or three would give the community better representation in City Hall. This would move Skylake into District I. He believes they have more in common with Golfview Harbor, Hunters Run and Treasure Island across the street than with the East side of town. He also thinks it is taking away a bit of a voting block from the East side of town. He said he wants to make sure each side can be evenly represented. He thinks the Stanley Weaver Canal makes a natural north-south order for our Commission districts 6 Meeting Minutes City Commission Boynton Beach, FL May 3, 2022 as-is. He believes this would bring more balance to the City. It would help each side of town better represent the Commission, and that have similar interests can be together. The districts represent the different cultures and diversity within our community. Having more like-minded communities more geographically together makes more sense than having ones that are across town. Maybe not so like-minded and also not geographically in the same area. He asks the Commission to reconsider that as it is currently seated. Please give strong consideration to options 2 and 3 on those maps. Sheila Gaines, 2500 Quantum Lakes Drive, stated that the pandemic did a number on all of us. It forced us to learn ourselves and passions. It forced us to create new interests or hobbies. She is the Executive Director of Trinity Council Center. We focus on removing the stigma of the black and brown communities in regards to mental health awareness. She commends the Boynton Beach Mental Health Committee for what they are doing for mental health awareness. This is taxing on our mental health. We are heard and there is no feedback. We need casual conversations on Thursdays in Sara Sims Park at 5:30 p.m. on the bleachers. Not only do we talk about the issues that are happening in Boynton Beach, we talk about the issues that are happening in our lives. With the pandemic, the suicide rate for young girls went up 50% and nobody is talking about it. We are going to talk with either a licensed therapist, a group facilitator or a primary therapist to provide that healthcare access to people who may not be able to afford that. It would be a great opportunity for the Commission to come out and have a casual conversation. Instead of us just talking and there is not rebuttal. Bishop Bernard Wright, CEO of Bernard Wright Ministries, of Real Talk Radio and Real Talk Marketing, stated that we have begun wrong. Mayor Penserga, you have violated the Charter. You have given direction to the employees. Taking over the City Manager's office, you are having meetings in there that you should not be having. That is starting wrong. We want to talk about PBSO coming in here. What we need is justice for Stanley Davis, Ill. We cannot focus on that because what you just did is injustice. We see a new Commission that has started off wrong, except for the firing of the City Manager. He thanked Commissioner Turkin. He said to Mayor Penserga, no has ever done what you have done: trying to have an office like you are king. That is bully and that is gangster and you are not a gangster, but those who are behind you are. Those are the ones that are controlling you because their money got you in. You have no power. He added that he would like to see the merger with the PBSO be on the ballot. He would like to see that because we have some work we can do and we are going to do it just like Riviera because every citizen in this City has the constitutional right to be heard. Gloria Goldstein, 337 Boynton Circle, wished all the mothers a Happy Mother's Day. She was bothered by the fact that Commissioner Cruz brought the attention to Commissioner Kelley when she was being appointed, that she is a working mother. Many of us are working mothers. She said she raised twins herself and worked. She does not think that anyone should be disciplined or awarded for being a mother. We do not need you to out anyone for what they said about being a mother and working. There are men who raise children who work. 7 Meeting Minutes City Commission Boynton Beach, FL May 3, 2022 Bryce Graham, Second Vice President of NASA, Florida Chapter, stated that he sees the chess moves made while other people are in Candyland. Putting people in certain positions to do certain things and push specific agendas. Yeah, he sees it. He sees the sabotage that is going on in this City, which is unacceptable. Now he has gotten caught up in the politics of Boynton Beach, but there is some serious stuff that needs to be addressed here in Boynton Beach. Yeah, he knows we made demands for the City Manager to be removed, but that's not enough. He said he knows the Police Chief resigned because he had other things going on in his life that he did not consider until five months later. After 128 days after Stanley Davis, Ill was killed in Boynton Beach, there is still injustice. Let's talk about firing Mark Sohn. But you do not want to do it because of an investigation, fire him, and if you are wrong, take the brunt of the lawsuit and deal with it like this community is dealing with pain and suffering. They are telling you, clear as day, that this community does not want PBSO in here. You hear the cries. So, while you are scrambling, taking money and bargains, do not forget the people because people will speak in Boynton Beach. Pernell Davis stated that he appreciates the move made at the last Commission meeting to move our City forward. Traditionally, it has not gone well for our community, so when we try to keep the tradition, that tells us that you want to keep us oppressed. We have a group of people who will stand with us and be bold enough to hear our cries, to figure out a way to help us and meet our needs. We definitely appreciate that. So, as he said, the tradition has not been good for us, and hopefully, that was the first step in actually making progress in understanding that we do have the power to do stuff. Traditionally, staff does not go how we want it to go on. Traditionally, we do not use the power that we have, but now, we will use that power. So, if we are up here, and we do not understand the power that we have, then what is the point of being up here? Because, as you can see, our community cannot speak for the rest of the districts. Our community appreciated what happened because that person oppressed many people in our community. Maybe she did not do it right there right on them, but somewhere down the line are people that's oppressed. So, what the other people are upset? Let them be upset, because s***t we have been upset as long as Boynton had been here. So, you had a week to be upset. You have a couple more weeks. We appreciate what you did, and we will keep coming here because we keep meeting people who will come through. So please, continue what you did. Do not just throw us a bone and that is it because if you do that, then we will be there, too. We got more business to take care of. We have Mark Sohn, and we need to know some timelines and when some stuff will happen. Because if you asked him, it should not take this long. He should be fired. Let us have a meeting tomorrow to have him fired. We started clearing house. We will begin with him, and then we might work with Ms. Snow. Wesley Shuler, 1618 NW 3rd Street, commented that he is puzzled that there are secret meetings and doing what we want behind closed doors. If that is the case, we need an investigation to find out what is going on. He is tired of what is happening behind closed doors. It is time to get this police officer out of here. Commissioner Hay, if you want to 8 Meeting Minutes City Commission Boynton Beach, FL May 3, 2022 get your soul right with the situation, you need put it out to go ahead and get rid of him. It is taking too long. When the Miller boy was killed in Delray, it did not take this long. The Assistant Chief got rid of him with no hesitation because he did not want the blood on his hands. We need to stop this. We are tired. Time is running out. When this ship sinks, it is going to be like the Titanic. Sharon Thompson, 800 N. Federal Highway, commented on what transpired last night at the community meeting. She had to go back and play some of the people's live audio and respond to what Commissioner Hay said. Some of the things did not sit well with her. Addressing Commissioner Hay, she said one of the things was when the young lady got up, and she said to him, how can we trust that he is going to lead us in the right direction this time if he stood before the mother at her son's service and said we could count on him, and his response bothered her last night. It would be best to tell us that we have to vote for him to do the right thing. So, she said he implied that us being united, taking a stance coming here, fighting for a change in getting the City Manager out, was not right. She has a problem with that. The community has witnessed Ms. LaVerriere being in a position for decades. She shows that she is incompetent in rendering disciplinary actions to insubordinate staff members, although there have been numerous recommendations. She has shown that. Commissioners, you guys weren't there, but he kept referencing the meeting that you all are young and implying that you guys, in a sense, kind of lack knowledge. So, you guys should not be attending these workshops. Commissioner Hay, you have been on this desk for more than one term. You have more experience than them, yet you attend these workshops. She does not see the benefit. You still lack knowledge. You lack understanding. You lack leadership. You lack ethics. You lack everything. You also said that if we make a change, there will be a rush to expedite her son's case. She said she stands before him to let him know we do not need a rush. We needed a thorough investigation that FHP failed to give us, so we had to call in the Department of Justice. Keyla Franklin, 800 Federal Highway, stated that she has a problem with Commissioner Hay. As the mother, she does not need a rushed investigation. She needs a thorough investigation. As we witnessed, FHP took over the investigation for charges to Mark Sohn, put in their time, and still did poorly. Leaving it in Boynton's hands, Mark Sohn broke a policy not once but multiple times, which Ms. LaVerriere saw and failed to reprimand him. Ms. LaVerriere was here for 20 years. Officer Sohn was here for 20 years. Officer Sohn killed three people. He was not reprimanded. He killed two people prior to my nephew. He was not reprimanded. Mrs. LaVerriere did not see anything wrong with the first two deaths that he caused. That is why she had to go. She said that is why you need to go, Commissioner Hay. As everybody said, you sat at the funeral, acting like you had our backs. We did not ask you to come there. We did not ask you to be on a panel. We did not ask you for your voice. We did not ask you for anything, and you sat here last week and went against everybody else when you said we get your vote. Yeah, you suck. Ernest Mignoli, 710 NE 12th Avenue Unit 407, claimed that he witnesses crime scenes 9 Meeting Minutes City Commission Boynton Beach, FL May 3, 2022 every day, child endangerment and drugs. The Fire Chief will not come over when there are floods. He sits up in his car, taking pictures of the flood. During the flood on Friday, he took photos of the clogged drain. Why will you not order the drain cleaned out? Who are you putting in these positions? Check out people's backgrounds. Look at the guy that you gave the contract to the concession. Look at this City lawyer. You got a smirk on your face. Look what your partner did in that dirty deal with that concession. Look at who you helped get the contract: a prostitute, a pimp, and a felon. You do not think your law firm needs to go. Could you do me a favor tonight? At least take a vote to get rid of this firm. Everybody he talks to is filing lawsuits and attorney bar complaints. How much more can they take of this rotten Fort Lauderdale law firm? Why do you not get some local people? What do you bring in here, from everybody, everywhere else? Even if they live at home with 20 people, he would rather have them. No return phone calls. You are a bunch of corrupt people. Look what you are doing up in that office up there. Where do you have a Mayor with a phony name on his picture? Mayor, why do you not give your name? I never heard of that. He has never heard of a full-time teacher: Monday to Friday up in Riviera Beach, teaching biology and supposedly running the City. Where are you? You are up there full-time because Katz got you a job. All corrupt; you are all corrupt. Even the new people, you are all corrupt. You are all in that meeting with the Sheriff, with the City Manager's office. You do not think nobody knows? Even your Interim City Manager is wondering why he does not have an office. Where do you ever see a City Manager without an office? And the Mayor never had one here. He had it in the post office box over there. At least I gave my real name Mayor. Why not give them yours? John Dames, PO Box 713, said this City has been divided by the Police Department for a long time. In 1989, the Boynton Beach Police Department, three police officers shot a young lady in our City 11 times. She was shot 11 times. By the grace of God, she did not die. Her father was a City of Boston employee for 35 years. If she walked in here today, you would not even know who she is. She does not have a scratch on her. She got an attorney, sued this City, and won in the lower courts. The jury found the City of Boynton Beach liable. She was awarded $1.1 million dollars in 1989. Well, guess what? They appealed it to a higher court, and the Jim Crow laws kicked in and it was thrown out. That lady took 11 bullets and did not receive a dime. That is when you start seeing this City divided. This is the history of what we have been through for years. And if you think that Sheriff will come in and pick up where somebody left off, get ready. Lawrence Shramko stated that in the past year, there were 28 shootings. Before that, there were 5 to 7 and 5 to 7 the year prior. Mrs. LaVerriere's name is all over that stuff. He said so those of you who are in favor of her, you want to kiss her butt, he highly advises you to go through his e-mails as a public record. Look at all this stuff she has done. He knows firsthand at least 20 people who were hurt because of a sign blocking the view of people in the school zone. The sign is still lit up. It is still causing accidents. The sign is still up. Everybody is mad about the kids. What are you going to do for the kids? Nothing is being done in any of the parks. The kids were coming out of Covid. They could not do anything. He said he has a daughter, as well. These are kids, and they need to be able to play outside. We have major public safety issues. The attorney who talked earlier in 10 Meeting Minutes City Commission Boynton Beach, FL May 3, 2022 the meeting about new law changes. He said he highly advises him not to close the public boat ramp on the 4th of July because last year, when it was done, it put half the commercial fishermen out of business locally. He said he was not trying to be negative, but the Lori thing, when they want to stick up for her and come up with tit for tat crap, let's move the City forward. You know she is gone. Who cares whose office somebody's in at the City? He does not give a s**t if they get the whole top floor. He said you are scaring people from coming to the meeting that will bring positive change to the town because you sit in there and scream at everybody who is part of it. He does not give a s**t what part of the town you are from. There are too many people bringing too much negative stuff in there. If you want to move the town forward and people back, you have to calm down. You have to think straight and focus. Let's get this town moving in the right direction. Dr. Stephanie Hayden-Adeyemo, 2981 SW 15th Avenue, N102, commented that it is unfortunate that some believe that the meetings are abusive, et cetera. Still, you must understand that sometimes, when your back is against the wall and you are not being heard, the room will not be comfortable for those that are commonplace. They are used to having no opposition in a meeting, and they pass things, and things happen inside the room. None of the residents are tuned into what is going on. Having the option of having webinars, or in person, et cetera, gives us a sort of kind of inside view of what is going on within the City. 2.5 years have gone by, and this has been our mode of showing up at the meetings, like the gentlemen who spoke about a shooting in the City way back when I was not alive. But you can tell that the commonplaces of doing things as a business are not comfortable with those that have been coming to you day in and day out, through conversations, through e-mails to having press conferences, through having days or remembrance to realize that this is important to them. If something is important to you, you want everyone to hear your goal. You will go to the top of a balcony and scream until someone hears you. She does not care if someone comes and says, "Oh, the decorum in these meetings is making people uncomfortable." It needs to make people uncomfortable. Someone died. Three people died senselessly because one had the power, as a leader, to make decisions with a concise group of people who sit on a dais. She does not want to hear anybody saying, "Oh, this is looking bad " She said she does not care. The people that should have thought about it are the people that are elected. That is your job to listen to your constituents, not to sit there and to look pretty and cute in suits. 5. Administrative A. 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.) Motion 11 Meeting Minutes City Commission Boynton Beach, FL May 3, 2022 Commissioner Hay moved to remove Agenda Item 5A from the table. Vice Mayor Cruz second the motion. The motion passed unanimously. Mayor Penserga asked for the specifics about the workshop. David Scott, Director of Economic Development and Strategies, stated that the workshop will be in the Commission Chambers on May 18th from 5:30 p.m. to 7:30 p.m. B. Appoint a City of Boynton Beach Elected Official to the local Affordable Housing Advisory Committee (AHAC) pursuant to Florida Statute 420.9076 - State Housing Initiatives Partnership Program. RJ Ramirez, Community Improvement Manager, stated that this item is in reference to the State Housing Initiatives Partnership (SHIP) program. This program requires that an elected official be part of the Affordable Housing Advisory Committee. Former Commissioner Romelus was the representative and Commissioner Hay was the alternate representative. Vice Mayor Cruz asked how often are the meetings. Mr. Ramirez responded there will be at least three meetings. One will be a workshop to review the eleven initiatives and the other two meetings the committee will prepare a report to bring to the Commission. Motion Mayor Penserga nominated Commissioner Hay as the representative. Commissioner Turkin nominated Commissioner Kelley to serve as an alternate representative. Vice Mayor Cruz moved to approve the nominations. Commissioner Turkin seconded the motion. The motion passed unanimously. C. Appoint eligible members of the community to serve in vacant positions on City advisory boards. Mayor Penserga read the list of current advisory board vacancies. 6. Consent Agenda Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. Accept the written report to the Commission for purchases over $10,000 for the month of March 2022. 12 Meeting Minutes City Commission Boynton Beach, FL May 3, 2022 B. Proposed Resolution No. R22-062 - Approve and authorize the City Manager to sign a hurricane commissary contract between The City of Boynton Beach and Catering Solutions, LLC to provide food for City employees working in the aftermath of a hurricane. Expenditures not to exceed $50,000. C. Approve the purchase of parts and equipment with South Florida Emergency Vehicles as a Sole Source vendor for maintenance and repair of Sutphen Fire trucks and ambulances. The estimated annual expenditure is $75,000. D. Proposed Resolution R22-063- Approve Application and Resolution for Assistance 2022, Under the Florida Inland Navigation District Waterways Assistance Grant Program. E. Approve minutes from the April 19, 2022 City Commission meeting. Motion Commissioner Hay moved to approve the Consent Agenda. Vice Mayor Hay seconded the motion. The motion passed unanimously. 7. Bids And Purchases Over $100,000 - None 8. Public Hearing 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. A. Proposed Ordinance 22-012 - Second 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, each time after the US Census is completed. (Continued from the April 19, 2022 City Commission Meeting.) James Gammack-Clark, Senior Instructor, Department of Geosciences at Florida Atlantic University, gave a presentation on the redistricting alternatives. Commissioner Turkin inquired about the construction that was taken into consideration. Is this construction going to be completed by the end of 2023? There are a few high-rises being built and developed. Riverwalk on Federal, 13 Meeting Minutes City Commission Boynton Beach, FL May 3, 2022 Broadstone has been approved. He said he believes that will be over 200 units. Then, there is 115 Federal that is being worked on. He asked, where is this data coming from? Mr. Gammack-Clark responded that the data was provided by staff. It not only accounts for development that is ongoing but also developments that have been completed since April 1 , 2020. Commissioner Turkin asked if the data includes Riverwalk and Broadstone. Mr. Gammack-Clark stated that he does not recall specifically which projects were included. He will check that data and get back to Commissioner Turkin. It does include a mixture of multi-family properties and single-family properties. Commissioner Turkin inquired about the cost of the study. Kathryn Matos, Assistant City Manager, replied the cost was between $25,000 and $30,000. Commissioner Turkin asked when the redistricting goes into effect. Mr. Gammack-Clark stated he would refer to the City Attorney, but obviously after the second reading and an established effective date. Mike Cirullo, Deputy City Attorney, stated it will be effective once the Commission passes the ordinance and provides it to the Supervisor of Elections. Commissioner Turkin asked if these changes would force any of the Commission to move. Commissioner Hay stated that the big factor was the least amount of impact on the residents. There always seems to be confusion on where to vote. We do not need that if we can accomplish all the different guidelines that were set with Option I. Deputy City Attorney Cirullo commented that if a Commissioner lived in an area that would be redistricted into a different district, the Commissioner can continue to serve but could not be reelected. Commissioner Kelley asked that in your experience because we chose Option I which has the fewest impacts on the residents, when would redistricting happen again? Mr. Gammack-Clark responded that some cities have language in their charters that specifically call for districting to occur again should it be discovered that the 14 Meeting Minutes City Commission Boynton Beach, FL May 3, 2022 population exceeds the current threshold. He explained that the City does not have that language in its Charter. All options are well below the threshold, so there is room to work with. It is hard to project where development projects will occur. Mayor Penserga stated that he supports Commissioner Hay. Option I is the only one where you did not mention that there would be a cascading affect. There would be one change after another with Option II and IV and it will create confusion. He supports Option I because it minimizes disruption and confusion. Motion Commissioner Hay motioned to accept Option I. Vice Mayor Cruz seconded the motion. Mayor Penserga opened the floor for discussion from members of the public. Susan Oyer, 140 SE 27th Way, stated that she agreed with the Mayor and Commissioner Hay, Option I is the best way to go. She thinks the rest will invite a lawsuit for the racial disparity that will happen in District II. She feels that each District is unique in its characteristics, traditions, history, people, and culture. Mayor Penserga, you are right. This is the way to go. Herb Suss, inquired if there will be enough time between now and November to notify the people of the changes. Mayor Penserga noted that staff will respond after public comments. Mr. Hartmann stated that he is in favor of Option II or Option III. The amount of change should not be a factor. Equitable solutions and as a Commission that prides itself on equity, equity is what we should focus on. That would make sure that District II has the representation that feels right for them and making sure communities West of 1-95 feel represented by their Commissioner. The Stanley Weaver canal gives us a natural boundary. He believes that the City is more balanced East to West and people would agree that the Eastside is different from the Westside. The North is different from the South. As we have it now, including Renaissance Commons in District I is not in character for the community. He does not believe Hunters Run and Renaissance Commons have a lot in common. Keeping those two in the same district is a disservice to the people, and it is not equitable. Option III he thought, was a solid option, and Option II was great. He believes it is a matter of making sure it is represented. The number of affected people will not mind having to go from one precinct to another. There are precincts all over. He thinks what they would mind is making sure the proper person in their City represents them. They are not represented by someone who does not live in their district, who cannot even understand what it is like to go into 15 Meeting Minutes City Commission Boynton Beach, FL May 3, 2022 their neighborhood. So, he thinks making sure there is East, West, North, and South, and using the Stanley Weaver Canal as that divider would be the most equitable solution for our City. Sandra Watson, 348 Boynton Bay Circle, stated that this was too much and she was confused. She felt that there should have been a workshop so that they could understand what was going on. She keeps hearing people talking about this community is separated from this community and that community. Now that sign behind you says the City of Boynton Beach. It does not say the boroughs of Boynton Beach or the Districts of Boynton Beach. It says the City of Boynton Beach. She does not understand this district thing, but she does know that if we are going to work together as a City, everybody needs to be concerned about everybody. She does not care that she lives on the Eastside. She is still concerned about what goes on the Westside of Boynton Beach. That is a big issue, and it has been going on, and everybody has been saying it repeatedly. When will we stop that and make sure that we address this as the City of Boynton Beach? Mr. Cineus commented that District II is historically the way it is. It was designed to be that way. He said you need a history lesson. We can say one Boynton, but it is not the reality, voting-wise or racially. He knows the motion is on the floor to go with Option I. How does Option I affect eligible voters that are in District II? How does that change the numbers of eligible voters in District II? Does it bring folks from other places into District II? Mrs. Ward said she agreed with Mr. Cineus and would like to know more about how the voting will be affected. Mr. Mignoli commented that the public should have been involved in the process and you only care about maintaining your sits. Everyone you appoint here is from out of town. The lawyer is from Ft. Lauderdale. He does not know why the State Attorney does not investigate all of them. He keeps asking them to come in and figure out how you get away with this. Everybody in the public does not like what you are doing. He said he thinks what is on the Mayor's mind is that he wants to become a strong Mayor. If you become a strong Mayor, we are in serious trouble. Mr. Suss commented this was a tough job, and you came through. He would like to know when he would receive a return telephone call from his Commissioner. When we call you, we expect a return call within a reasonable amount of time. That goes for the Mayor too. Mr. Shramko commented that this is old data. He said as he stated in the last meeting, he lied to the person and gave the wrong number of people who lived in his house. Tonight, Mr. Gammack-Clark stated that he got the information from the City. Former Mayor Grant said that the information came from the Federal 16 Meeting Minutes City Commission Boynton Beach, FL May 3, 2022 Government. Already we are starting off with a lie. He thinks this needs to be redone. Hire a different company. There is too much play in this and it is too drastic of a change and it could be detrimental to the City. Mr. Gammack-Clark commented that the question was: How did the number of voters in District II change from the existing districts to those under Option I? He explained that it is important to note that when you are engaging in redistricting, we do not count voters, we count people. We were talking about the US. Census counts people. So that is the number. It is the number of people in each district that is important. Whether you are a one-day old baby, or if you are 102 years old, it does not matter. Whether you are a voter or not, does not matter; it matters that you are a person or not. You are a resident of the City and in which districts do you live. As we look at the residents of District II, we see the existing number for District II is 20,673, where as in Option I it is 21,078. So we are only talking about a very small change between the existing districts and Option I. Commissioner Turkin inquired if there was a side-by-side map of the current Districts and Option I. Mr. Gammack-Clark stated that they do not have that map but they do have a map that shows the changes from the existing District to various new options. Vote City Clerk Gibson called the role. The vote to accept Option 1 passed 5-0. 9. City Manager's Report- None 10. Unfinished Business- None A. Discuss a process for a permanent City Manager. Julie Oldbury, Director of Human Resources and Risk Management, commented that she has a couple of options to present. First would be to hire an executive search firm to perform a nation-wide search for a City Manager. The other option would be for Human Resources to conduct the search. An executive search firm will have more of a marketing reach to a natural audience. Human Resources can do a similar search with the help from the Marketing Department to do the advertising and things of the nature, to help get the word out locally. Commissioner Hay inquired what would the cost be if we hired and executive search firm. Ms. Oldbury replied a recent executive search costed approximately $25,000. There would be a request for quote where at least three respondents provide figures. The last executive search was done over 2 years ago. She would expect the cost to be more now between $22,000 and $30,000. 17 Meeting Minutes City Commission Boynton Beach, FL May 3, 2022 Commissioner Hay asked how much time would this add to finding a City Manager. Ms. Oldbury stated that it would not be any more than 30 additional days. Commissioner Hay noted that it is not that he does not have confidence in the Human Resources Department; he thinks that this is important enough to cover all bases with experienced people who have been there done that. Commissioner Turkin stated that he disagrees. He thinks that we can start by doing this in-house. We need to save. Pennies add up. We always have the ability to start in-house and see what we can get, see how we can perform and then spend the money if we need to. Recruiting and staffing is tough right now. Everything is competitive. Let's try to do it internally. He said he does not see a rush. We have time. We have an Interim City Manager that can perform; that is why we put him in that chair. He thinks it is important for the City Manager to be somewhat local. His preference would be someone living in the City of Boynton Beach, so they are a stakeholder. You will make decisions, not just for the citizens of the City, but now for your family, too. Our Interim City Manager mentioned at the previous special Commission meeting that he is planning to move into the City. He thinks that is huge because that is not just his concern. He believes that is it some of his colleague's concerns and a lot of our constituents. He does not know how we can focus on that. If we did hire an executive firm, do they look at things objectively? Internally, we will look at it as the right fit for the City Manager. Vice Mayor Cruz stated that she agreed. At this time, we do not need an executive firm to find a City Manager. She thinks that the job should be posted publicly to let people know that we are hiring for that position and we encourage local people to apply. She does not want to go into a different state to find our City Manager. We should look locally for people with the experience and education to run a city of this size. Commissioner Kelley stated that if we decide to do this internally, that we establish a timeframe on how long before we have to look outside of the box. She fears that we are missing out on potential by keeping it local. Her thought would be not to rule out the possibility of an executive search. Sometimes that doesn't do well because it's the same players in that realm, too, and you're not getting somebody who's maybe just really out there looking for something different. So sometimes, you see the same resume. You're seeing the same people coming across your desk, so maybe you're not getting that variety and somebody who wants this job for what it is and so on. She said she sees both positives on both ends, and that maybe we consider putting a timeframe if we decide to do internal. She would likely support the majority on the decision, but her input would be that maybe we consider doing a timeframe of how long we try and do it on our own without and then consider enlisting the help of an executive search for a firm to help us if we can't find something. Mayor Penserga stated that he agrees with Commissioner Turkin. He thinks that if we 18 Meeting Minutes City Commission Boynton Beach, FL May 3, 2022 can begin internally first, let's do it for 30 days and see what we get. If we need to cross that bridge and go to a service, let's begin first internally. This way, we are minimizing the cost and we are giving both options a shot. Commissioner Turkin inquired about what platforms are used for the search. Ms. Oldbury replied that a variety of platforms can be used and she recommends doing that. She would also recommend advertising in the International City Manager's Association (ICMA) and the Florida City and County Managers Association (FCCMA). We will put forward the effort. She explained that in 2011, we had an endeavor to do an internal City Manager search at that time, and when she says internal, she means using Human Resources as the conduit for that. Human Resources developed a timeline and a process. We provided the Commission with a copy of the job description. She met with each of the Commissioners individually to get a sense of what they were looking for in a City Manager. And to get that out there, she does not know if that is something they would all be interested in. She knows it is a bit of a unique position. All of the business needs to be conducted in the open forum. She wants to be cognizant to get them that type of information and maybe come back to them at a future meeting with all of that information and a structure of what we will do for adverting. This way, the Commission has something more concrete to review. Commissioner Turkin stated that was great feedback; she mentioned everything. You are going to do everything that you propose. What you are going to do is exactly what an executive firm is going to do and then they will probably hire a head hunter to filter through resumes. We do not need to do that. He said he has faith in Human Resources. Again, it is a competitive market. He would say 60 days would be a fair timeline given unprecedented times with how competitive each industry is. He said he likes her idea of collaboration amongst the Commission. He does not know if we can collaborate on that now. Can we meet with Mrs. Oldbury individually? Deputy City Attorney Cirullo replied that when you meet with her individually, she's collecting information where she's going to provide that collective information back to the Commission at a public meeting. So, she will not discuss each other's comments, concerns, thoughts, priorities, et cetera. She's going to be like the vessel for that information and she's going to bring it back to the Commission for your public discussion. And so, you all will publicly vet it and come to a consensus together on that information. It is to assist her in formulating the process, is what he understood. There was a consensus to meet individually with the Human Resources Director regarding recruitment and then bring an agenda item to the June 7th Commission meeting for discussion on how to proceed with the process. 11. New Business- None 12. Legal 19 Meeting Minutes City Commission Boynton Beach, FL May 3, 2022 A. 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-M B Deputy City Attorney Cirullo stated that the Florida Statute requires him to request closed door sessions with the Commission publicly, which he is doing tonight, requesting that closed-door session in the City of Boynton Beach vs. JKM BTS Capital, LLC case. In attendance will be the City Attorney, James Cherof, Assistant City Attorney Donald J. Doody, Assistant City Attorney Gal Betesh, Assistant City Attorney Sean Swartz, Special Litigation Counsel Thomas Baird and Joanne O'Connor, Interim City Manager Jim Stables, a Court Reporter, the Mayor and City Commission. Some participants may attend telephonically or by communications media technology (CMT). Approximately 90 to 120 minutes will be needed. There was a consensus to consider scheduling the attorney-client session at 4:30pm on Friday, May 20th 13. Future Agenda Items A. The City's external auditors will present the Fiscal Year 2021 financial statements. - May 17, 2022 B. Commission discussion of potential height limitations at the request of Commissioner Turkin. - May 17, 2022 C. Commission discussion on adding a dog park in District III at the request of Commissioner Turkin. - May 17, 2022 D. Commission discussion on changing the start time for City Commission meetings to 6:00 p.m. at the request of Commissioner Turkin - May 17, 2022 14. Adjournment Motion: Commissioner Hay motioned to adjourn the meeting. Commissioner Kelley seconded the motion. The motion passed unanimously. 20 Meeting Minutes City Commission Boynton Beach, FL May 3, 2022 The meeting was adjourned at 8:31 p.m. ATTEST: .4;40-1 C stal Gibson, City Clerk 21