Minutes 08-02-22 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 2, 2022, at 5:00 P.M.
Present:
Mayor Ty Penserga James Stables, Interim City Manager
Vice Mayor Angela Cruz Quentin Morgan, Asst. 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 5:00 P.M.
Roll Call
City Clerk Maylee DeJesus called the roll. A quorum was present.
Closed Door Session
Pursuant to Section 286.011(8), Florida Statutes, the City Attorney requested a
private attorney-client session of the City Commission to discuss 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
In attendance will be the Assistant City Attorney Quentin Morgan, Special Litigation
Counsel Thomas Baird, Special Litigation Counsel 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 60 minutes will be needed.
Mayor Penserga called for a recess for the Closed-Door Session at 5:02 P.M.
Mayor Penserga reconvened the meeting at 6:02 P.M.
Roll Call
City Clerk Maylee De Jesus called the roll. A quorum was present.
Invocation by Pastor Amalie Ash, First Presbyterian Church
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City Commission Meeting
Boynton Beach, FL August 2, 2022
Pastor Ash was unable to attend the meeting, in her absence the Invocation was given
by Debbie Majors, ordained elder at the First Presbyterian Church, Boynton Beach.
Pledge of Allegiance to the Flag led by Commissioner Turkin
Commissioner Turkin led the Pledge of Allegiance to the Flag.
Agenda Approval:
1. Additions, Deletions, Corrections
Commissioner Turkin inquired about Item 13B and if there was a clerical error. He stated
that he was under the impression it was the top 3 candidates and not the top 5, that would
be coming forward to the next meeting.
Mayor Penserga stated that the top 5 was requested but not a requirement, and that if
any of the Commissioners had their top 3 already, they could bring that to the next
meeting.
Commission Turkin asked for updates on the SJ case, height limitation ordinance, the
conceptual design for the dog park in District III and the park in Leisureville. He directed
staff to look at a trespass ordinance for violation of rules of conduct for the Commission
Meeting. He stated that we need to have law and order and we need accountability if the
rules are not followed.
Mayor Penserga stated that he is open to visiting this rule.
Vice Mayor Cruz commented that there was a lot of aggression at the last meeting and
she personally felt threatened, and it was unacceptable.
Mayor Penserga asked the City Manager and City Attorney to look into preparing an
ordinance for trespassing.
Interim City Manager Stables stated that the SJ case is still under investigation and there
will be no update tonight.
Commissioner Hay wanted to add under Unfinished Business the discussion on the Palm
Beach Sheriff's Office (PBSO) Proposal, and asked that this be moved up to after Public
Audience.
Mayor Penserga asked if staff is prepared to answer questions.
Interim City Manager Stables responded that it depends on what the questions are.
Commissioner Turkin asked if there are any PBSO representatives available to get details
about the proposal.
Mayor Penserga was concerned that there were no PBSO representatives at the meeting
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to discuss the proposal.
Commissioner Turkin asked for discussion when we have more details, since it will be a
long conversation.
Interim City Manager Stables stated that he would like to get questions from
Commissioners if possible, so he could have them addressed. He spoke about how we
deal with proposals and items that are received from vendors.
Commissioner Hay stated that there are several speakers here in regards to this tonight,
and there is a strong public interest here.
Mayor Penserga stated that his hesitation is that there is no information outside of the
proposal, and he believes that we can have a preliminary discussion. He added 11B under
New Business a discussion on hiring outside counsel to deal with anything pertaining to
Town Square.
2. Adoption
Motion:
Commissioner Turkin moved to approve the agenda as amended. Commissioner Kelley
seconded the motion. The motion passed unanimously.
2. Other
A. Make Informational items by the Members of the City Commission.
Commissioner Kelley stated that she had no disclosures.
Commissioner Turkin disclosed that he spoke to Colonel Araujo and other PBSO
Officers, and Boynton Beach Police Department (BBPD) Officers in regards to the
proposal.
Vice Mayor Cruz stated that she had no disclosures.
Commissioner Hay stated that he had no disclosures.
Mayor Penserga stated that he had no disclosures.
3. Announcements, Community and Special Events and Presentations - None
4. Public Audience
Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of
the Chair, this 3-minute allowance may need to be adjusted depending on the level
of business coming before the City Commission)
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Susan Oyer, 140 SE 27th Way, said no to PBSO. She stated that the City should move
forward with the White Roof Project, eliminate palm trees and Norfolk Island pines, and
stop selling our water to other cities.
Brenda Williams, 337 NE 24th Avenue, stated that she opposes going with PBSO, and that
there might be sunshine violations happening. She said that she has sent emails to all
Commissioners and she has only spoken to Commissioner Hay.
Harry Woodworth, 685 NE 15th, Place, spoke about waste not being picked up in his
neighborhood, and wants communication on garbage pickup and limitations. He stated that
there is no substance in the PBSO proposal.
Cindy Falco-DeCorrado spoke about the following: the LBGTQ flag, and said that she
would like to see a heterosexual flag; and the PBSO proposal, and said that we need to
reform our own Police Department. She asked for the Commission to listen to the residents.
Evangeline Ward spoke about the PBSO proposal, lawsuits and killings that PBSO has
had.
Christy Ward spoke about loopholes in the PBSO proposal.
Bryce Graham spoke about the following: the SJ Case, and he demanded justice;
trespassing people from the meetings; and the PBSO proposal.
Bishop Bernard Wright spoke about getting a response at the end of the meeting about the
SJ Case, and about the PBSO proposal.
John Dames spoke about the PBSO proposal and said that the deal has already been
made, but that they are just going through the protocols. He spoke about the SJ Case, and
he said it would be different if it was one of the Commissioners kids.
Pastor Richard Dames spoke about the PBSO proposal, and asked for townhall meetings
for this merger, so that residents can speak about it. He talked about the SJ Case timeline.
Dr. Piotr Blass stated that he feels like Martin Luther King is in the room. He said that there
has been a terrible incident involving the Boynton Beach Police Department, but they are
amongst the best in the world. He spoke about being disqualified for the election because
the City Clerk was not in the office.
Barbara Ready spoke about the following: voting for candidates; Commissioners listening
to the residents; and about the PBSO proposal.
Ernest Mignoli spoke about the following: PBSO and BBPD not being here and said that
the State should take over; bias and hatred out of the City; and stated that the City secretly
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promoted the Deputy Police Chief and Fire Chief to full time.
David Wiggins spoke about the PBSO proposal and said no to PBSO. He stated that the
words law and order are a "dog whistle."
Rae Whitely spoke about the SJ Case, and the PBSO proposal. He stated that he went to
the former City Managers of cities that went to PBSO and asked them if they would do it
again and they responded no, they would not do it again.
Kathleen Hawkins spoke about the PBSO proposal being redundant, and about the lights
in her community not being done, after a request has been put in.
Irwin Cineus spoke about the following: the PBSO proposal; Boynton Beach Police
Department asked for an increase in the budget at the Budget Workshops; wants justice in
the SJ Case. He inquired about the process of getting back to the community about issues
with the Police Department.
Jordan (no last name given) spoke about the PBSO proposal and asked for referendum to
the voters.
Shannon Thompson, mother of Stanley Dale Davis III, spoke about what happened at the
last meeting and the aggression that the Commission commented on about regarding the
SJ Case, and further dividing the Community. She talked about the PBSO proposal. She
stated that the Commissioners lied about being for the people.
Virtual Comments:
Ace Tilton-Radcliffe said that PBSO is not the answer for the City, and that we should spend
the money on fixing the City.
Charday Hunter said that the Commissioners need to stop with the in regards to feeling
threatened, and that their anxiety level needs to be on 10 because people are tired about
not hearing anything on the SJ Case.
Courtlandt McQuire spoke about the following: the PBSO proposal and said just say no;
the SJ Case; challenged the new Board to find someone in a leadership position and say
no the PBSO; and asked to have this put to a vote.
Ramona Young spoke about the following: the PBSO proposal; the Police Station and what
they need for the Police Officers to be better and de-programming before going home; and
that it should be a requirement for Officers to live in the community.
Kenya Feelit spoke about the following: the PBSO proposal, and said that it should be put
to a vote; the BBPD lawsuits; and stated that we do not need a Fireman as the City
Manager.
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Kingsley Radcliffe spoke about the following: he said no to the PBSO proposal; affordable
housing and Boynton Beach not being liveable; and that the money for PBSO can be used
for the community.
Commissioner Hay stated that not one person has talked about saying yes to PBSO. He
said that this is a big mistake and there is no advantage of accepting the proposal, and that
this proposal had no substance and other municipalities wish they can go back to having
their own police, but they cannot. He stated that he does not want to spend time or money
with this PBSO proposal, when we can use it on the community. He motioned to stop all
negotiations with PBSO. There was no second, motion failed for lack of a second.
Commissioner Turkin stated that he did not second the motion because he wants to have
discussion on it.
Mayor Penserga stated that someone would have to second the motion so that they can
have discussion on it.
Commissioner Turkin seconded the motion, for discussion. He stated that his number one
concern is safety, and that it has to make sense financially. He said that the resources and
training are better with PBSO, but it has to make sense and has to be the will of the people.
He commented that something needs to change whether we go with PBSO or not, and he
asked what are we doing to retain officers. He said that he is undecided, but that the people
have spoken, and said that if we do not go with the PBSO, he is going to hold the
Commission accountable.
Commissioner Hay stated that Sheriff Ric Bradshaw already said he is not going with body
cams, and that is a show stopper, because there is no backup to show what really
happened. He commented that they have to get this right, because it will affect the City for
decades, and that the issues within our Police Department can be fixed.
Mayor Penserga stated that he has heard what the community had to say, and he saw that
the proposal did not have all of the details. He said that he wants body cameras because
he wants accountability and wants to at least hear out the PBSO. He commented that the
public will hear the facts.
Motion
Commissioner Hay motioned to stop all discussion with PBSO. In a roll call vote, the
motion failed 4-1, with Mayor Penserga, Vice Mayor Cruz, Commissioner Kelley, and
Commissioner Turkin dissenting.
5. Administrative
A. Mr. Michael Wilson is term limited as a Board Member on the Historic
Resources Preservation Board and has requested that the City
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Commission consider his re-appointment.
Motion:
Commissioner Hay moved to appoint Michael Wilson to the Historic Resources
Preservation Board. Commissioner Turkin seconded the motion. The motion passed
unanimously.
B. Appoint eligible members of the community to serve in vacant positions on
City Advisory Boards.
Motion:
Vice Mayor Cruz moved to appoint Pedro Macedo De Lima Quinto to the Education and
Youth Advisory Board. Commissioner Hay seconded the motion. The motion passed
unanimously.
Motion:
Commissioner Hay moved to appoint Margaret Newton to the Library Board.
Commissioner Kelley seconded the motion. The motion passed unanimously.
Motion:
Commissioner Hay moved to appoint William Harper to the Planning and Development
Board. Commissioner Turkin seconded the motion. The motion passed unanimously.
Motion:
Mayor Penserga moved to appoint Christina Charles to the Senior Advisory Board.
Commissioner Kelley seconded the motion. The motion passed unanimously.
6. Consent Agenda
A. Authorize utilizing the GSA contract GS-07F-173GA, previously approved
on September 1, 2020, for the purchase of equipment and services for
installation and configuration of Avigilon Security Camera system from
Broadcast Systems in the amount of $62,156.25.
B. Proposed Resolution No. R22-103- Approve and authorize the Interim City
Manager to sign a First Amendment to the Grant Agreement between the
City of Boynton Beach and J & I Optical, LLC.
C. Proposed Resolution No. R22-104-Approve and authorize the Interim City
Manager to sign a Grant Agreement for the Marketing and Digital
Connectivity Small Business Grant Program funding in the amount of
$2,500 for 4 Reel Services Inc. located at 332 W. Boynton Beach Blvd.
Suite 2, Boynton Beach, FL 33435.
D. Approve minutes from the July 19, 2022 City Commission Meeting.
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Motion:
Vice Mayor Cruz moved to approve the consent agenda. Commissioner Kelley
seconded the motion. The motion passed unanimously.
7. Consent Bids and Purchases over $100,000
A. Approve scope of work to be performed by Killebrew, Inc. of Lakeland, FL
that includes pre-chlorinated pipe bursting of potable water mains on
Orchid Rd., Seagrape Rd., Oleander Rd., and Washington Rd., in the
amount of $593,470 plus a 10% contingency of $59,347 (if needed) for
staff approval of change orders for unforeseen conditions for a total
expenditure of $652,817 and approve the Utilities Capital Improvement
Plan (CIP) budget adjustment of $286,948 for the proposed project.
B. Re-Award Task Order No. F-03-2022, Boynton Beach Women's Club
Restrooms, part of Bid No. 028-2511-20/RW for Minor Construction
Services and authorize the issuance of a purchase order to Anzco, Inc. of
as the lowest, responsive, responsible bidder for the total amount of
$115,000.
C. Approve Task Order UT-3E-04 with West Architecture + Design, LLC in
the amount of$118,040.00 for the Water Quality Laboratory Improvements
project at the West Water Treatment Plant in accordance with RFQ No.
046-2821-17/TP, General Consulting Services Contract, Scope Category
E awarded by City Commission on August 7, 2018, renewed on August 3,
2021.
D. Proposed Resolution No. R22-105 - Approve utilizing the School District of
Manatee County Invitation to Bid (ITB) ID # 21-0053-MR and Authorize the
Interim City Manager to sign an agreement with Playmore West, Inc. dba
Playmore Recreational Products & Services of Fort Myers, FL for Park and
Playground Equipment with the estimated cost of $300,000. The School
District of Manatee County's procurement process satisfies the City's
competitive bid requirements.
Motion:
Vice Mayor Cruz moved to approve the Consent Bids and Purchases over $100,000.
Commissioner Hay 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.
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9. City Manager's Report- None
10. Unfinished Business- None
11. New Business
A. Proposed Resolution No. R22-106 - Approve an Interlocal Agreement with
the Town of Hypoluxo for a Septic to Sewer project to eliminate the use of
septic tanks in the Town's commercial area west of the FEC Railroad.
Mayor Penserga read the resolution by title.
Interim City Manager Stables stated that this is will help us with water quality for the
jurisdictions that we provide water to.
Poonam Kalkat, Utilities Director, explained the interlocal agreement with the Town
of Hypoluxo. She stated that all the money will be coming from the grants that will be
coming from the Town of Hypoluxo. She discussed the following from a PowerPoint
Presentation: Septic to Sewer Program; location- Hypoluxo Mall; location- Miner
Road Business Park; interlocal agreement (ILA); and the project timeline & Cost.
Mayor Penserga stated that he appreciates that they came to us to help with their
project, and asked what is the scope of our work for our City.
Dr. Kalkat stated that we are not removing the septic tanks, they are going to do that
themselves, but we are providing design, construction management and construction
oversite of the project.
Motion
Commissioner Hay moved to approve Resolution 22-106. Vice Mayor Cruz seconded the
motion. The motion passed unanimously.
11B- Hiring another law firm to serve on matters pertaining to Town Square.
Mayor Penserga stated that he requested this because he would like to look into having
another pair of fresh eyes to look into the matters that have to do with Town Square.
Commissioner Hay asked why does he feel that we need another pair of eyes.
Mayor Penserga stated that it is not that he does not feel comfortable with our Attorneys,
but we need to hire a specialist that is entirely focused on this. He asked for a general
consensus if the Commission is open to looking into it, and that it is not a final decision.
There was discussion regarding needing more information on hiring another Counsel, and
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what they will be doing.
Assistant City Attorney Morgan stated that the discussion should remain behind closed
doors since those discussions are still going on. He stated that Attorney Baird is also
working on this matter and he is not on their legal team.
Mayor Penserga just wants consensus on another attorney for a co-counsel position.
Commissioner Turkin stated that he can support this.
Commissioner Kelley stated that she agrees but moving forward, when it comes to complex
agreements, a specialized Attorney is necessary.
Assistant City Attorney Morgan stated that there are no special contracts Attorneys, and he
does not want the Commission to think that there is a specialist on this type of matter, so it
would not be different.
There was discussion regarding different types of attorneys; not making a mistake with
Town Square again; and bringing back more information about the history on Town Square.
There was consensus to look into hiring outside Counsel.
12. Legal- None
13. Future Agenda Items
Assistant City Manager Mack stated that he would like to get clarification on some of the
future agenda items.
Commissioner Turkin stated that he would like to have the dog park, and the park in
Leisureville, added to the budget and have it come back to the Commission.
Assistant City Manager Mack stated that it was asked for those items to be brought back
in the budget in September.
Commissioner Turkin stated that there is land that the City owns in District 4, and he would
like to look at that as a possibility for a park as well.
Interim City Manager Stables stated that he would like for the Commissioner in District 4 to
let him know about her opinion.
Commissioner Kelley stated that she has not heard about this except for one email and
said that she is fine with Commissioner Turkin directing people to her. She asked for dates
to be given for these Future Agenda Items.
Mayor Penserga agreed to get dates for these items.
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Vice Mayor Cruz stated a lot of the issues correlate with each other, and we have to be
mindful of the budget.
Commissioner Turkin commented about the parks and the outside consultant being very
knowledgeable.
Assistant City Manager Mack wanted direction for staff regarding the height regulations, if
he wants it to be drafted in an ordinance.
There was discussion regarding the options that were given at the Building Height
Workshop, and drafting an ordinance.
Mr. Temple stated that it was discussed that the same building height presentation will be
given to Planning and Development Board as well.
Assistant City Manager Mack asked for clarification on the park in Leisureville.
Vice Mayor Cruz stated that she wants money in the budget for the park and to have
discussion in regards to it. She said that she would like to keep this item listed on Future
Agenda Items and wants the funds to come from the Park Impact Fee.
Commissioner Hay stated that he received a text message that David Katz never was
called on during Public Audience.
Manny Mcllroy, ITS, stated that there were no additional hands up.
A. Discussion on options for expenditure of CDBG Funds - August 16, 2022
B. Discussion on Commission consensus on top 3 candidates for City
Manager. Each City Commissioner to prepare list of their top 5 candidates
for the discussion. - August 16, 2022
C. Commission discussion on staff research of legal options to help mitigate
rental prices and tenant rights, requested by Mayor Penserga. — TBD
D. Discussion on the Red Light Camera Program requested by Commissioner
Turkin. — TBD
E. Discussion on observing Juneteenth as a City holiday, requested by
Commissioner Hay. — TBD
F. Local Rules and Procedures for Commission Meetings, requested by
Mayor Penserga.-TBD
G. Discuss a potential park in Leisureville, requested by Vice Mayor Cruz. —
TBD
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H. Research feasibility of Solar Panels on City buildings, requested by Mayor
Penserga.- TBD
I. Report on the status of infrastructure within the City, requested by Mayor
Penserga.-TBD
J. Consider a LDR amendment to add a requirement for a minimum
commercial area percentage to mixed use developments, requested by
Vice Mayor Cruz.-TBD
K. Additional homestead for low income seniors, requested by Mayor
Penserga. -TBD
L. Discussion on Advisory Boards providing an annual report to the City
Commission, requested by Commissioner Kelley. - TBD
14. Adjournment
Motion
Commissioner Hay moved to adjourn the meeting. Commissioner Kelley seconded the
motion. The motion passed unanimously.
There being no further business to discuss, the meeting was adjourned at 8:32 P.M.
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