Minutes 05-30-23 Minutes of the City Commission Meeting City Commission Workshop
Park Impact Fee Workshop & Extraordinary Circumstances 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 30, 2023, at 5:30 P.M.
Present:
Mayor Ty Penserga Daniel Dugger City Manager
Vice Mayor Thomas Turkin Mike Cirullo, City Attorney
Commissioner Angela Cruz Maylee De Jesus, City Clerk
Commissioner Woodrow L. Hay
1. Agenda Items
A. Call to Order - Mayor Ty Penserga
Mayor Penserga called the meeting to order at 5:31 P.M.
Roll Call
City Clerk Maylee De Jesus called the roll. A quorum was present.
Invocation by Commissioner Woodrow Hay.
Invocation was given by Commissioner Hay.
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
2. Adoption
Vice Mayor Turkin moved to approve the agenda. Commissioner Hay seconded the
motion. The motion passed unanimously.
2. Other
Informational items by the Members of the City Commission.
There were no disclosures.
3. Presentation
A. Parks and Recreation Facilities Impact Fee Public Workshop and
Extraordinary Circumstance Meeting Presentation
Receive a presentation and report by the City's consultant, Raftelis
Meeting Minutes
City Commission Meeting
Boynton Beach, FL May 30, 2023
Financial Consultants Inc., regarding their findings and recommendations
for an update to the City of Boynton Beach Parks and Recreation Facilities
Impact Fee.
Amanda Radigan, Planning and Zoning Director, provided a short summary of the
impact fee process.
Shawn Ocasio, Consultant, spoke about what they will review today. He explained
the following: Extraordinary Circumstance Meeting; background and purpose for
study; legal considerations; legal considerations (cont.)- Florida Impact fee; and legal
considerations (cont.)- limitations on increasing impact fees.
Mayor Penserga asked to him to elaborate on extraordinary circumstances and what
qualifies.
Mr. Ocasio stated that it has to do with the level of capital investment, and that
population growth can also be a driver. He continued his presentation as follows:
Impact fee criteria; fee calculation methodology; city service area forecast; current
and projected population and dwelling units (1); occupancy factors; level of service;
level of service (cont.); and summary of capital costs.
Mayor Penserga asked how we came up with the $73.9M figure.
Mr. Ocasio stated that they looked at both the near-term CIP and long-term CIP.
He continued as follows: calculation of maximum supportable impact fee; existing
and proposed impact fees; and impact fee comparison- single family.
Commissioner Cruz asked about the multi-family comparison.
Mr. Ocasio explained how they come up with the common fee.
Ms. Radigan added that they are based off occupancy.
Mr. Ocasio finished by reviewing the recommendations.
Mayor Penserga stated that this is just a presentation, and no final decisions are
being made today. He asked staff if they need direction.
Ms. Radigan stated that they need an implementation method to design the ordinance
including whether the Commission is comfortable implementing the full amount and
implementation timing.
City Attorney Cirullo reiterated what the state statute requires for this to pass.
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Meeting Minutes
City Commission Meeting
Boynton Beach, FL May 30, 2023
Ms. Radigan stated that the fees are not paid by the residents, and this is on the
developers to pay.
Commissioner Kelley asked about the options for a gradual implementation.
Ms. Radigan stated that there are two factors; but the decision is whether they will
implement the full fee or continue to give a discounted fee. She suggested that for
timing, she would recommend a 4-year phase, which is required by law. She
explained the options of discounts that can be done.
Mr. Ocasio cautioned that if you go pass 2 years of phasing, you might run the risk of
undermining the conclusion, so he recommends 2 years.
Commissioner Hay asked how they came up with the figure for impact fees.
Mr. Ocasio explained their method of forecasting the impact fees.
Commissioner Hay mentioned that the fees have been very high and asked how we
stack up to other municipalities around us.
Ms. Radigan reiterated that this is not a fee for the residents, it is a fee for the
developer. She stated that it is important to know that 10 years ago, the fee was
discounted 64% and said that the original fee compared to now is only a $110 fee
difference.
Vice Mayor Turkin asked for context regarding the last update 10 years ago.
Ms. Radigan explained the fee 10 years ago and the fee that the City is taking
responsibility for. She said that this fee will only be on new development.
Vice Mayor Turkin stated that we are not seeing a lot of single-family development,
so he would like more information about this.
Commissioner Cruz asked what this fee will be used for.
Mr. Ocasio explained that it will be to purchase new land and improve existing capital
facilities.
Commissioner Cruz stated that we do need to have green space and we are a
growing population, and we are running out of space.
Vice Mayor Turkin asked if this would cover increased labor cost.
Mr. Ocasio responded no.
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Meeting Minutes
City Commission Meeting
Boynton Beach, FL May 30, 2023
Mayor Penserga stated that they need to give direction to staff. He asked if we want
to proceed with this park impact fee, and at what amount.
Vice Mayor Turkin stated that he is okay moving forward and we should do what we
can to represent the taxpayers.
Commissioner Hay wants to proceed and not put the burden on the taxpayers.
Mayor Penserga asked if they would like to move forward with the full amount, no
discounts.
Vice Mayor Turkin and Commissioner Hay both replied yes.
Ms. Radigan stated that there can be options for full amounts in phases.
Commissioner Cruz stated that this could possibly help incentivize builders.
Mr. Adam Temple, Assistant City Manager, stated that they can bring back
information at the next workshop as they do not anticipate a first reading until June
20.
Commissioner Kelley stated that this will come as a sticker shock to some
developers, and she would like to see options. She said that she does not like the
discounted option.
Mayor Penserga stated that there is consensus for the full amount, and staff will come
back with options for the full amount.
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).
Harry Woodworth stated that he would like to congratulate the Commission for doing
something that has been ignored for 10 years. He said that we should just move forward
with it and stop delaying.
Cindy Falco De Corrado stated that ultimately it still goes back to the people paying for this,
in rent. She said that there should be grants or other options for developers, to cover this
cost.
There were no virtual speakers.
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Meeting Minutes
City Commission Meeting
Boynton Beach, FL May 30, 2023
5. Adjournment
Motion:
Vice Mayor Turkin moved to adjourn the meeting. Commissioner Hay seconded the
motion. The motion passed unanimously.
There being no further business to discuss, the meeting was adjourned at 6:33 P.M.
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