Minutes 12-05-23 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, December 5, 2023, at 6:00 P.M.
Present:
Mayor Ty Penserga Daniel Dugger, City Manager
Vice Mayor Thomas Turkin Shawna Lamb, City Attorney
Commissioner Angela Cruz Tammy Stanzione, Deputy City Clerk
Commissioner Woodrow L. Hay
Commissioner Aimee Kelley
1. Agenda Items
A. Call to Order- Mayor Ty Penserga
Mayor Penserga called the meeting to order at 6:00 P.M.
Roll Call
Deputy City Clerk Tammy Stanzione called the roll. A quorum was present.
Invocation by Commissioner Woodrow L. Hay
Invocation was given by Commissioner Hay
Pledge of Allegiance to the Flag led by Commissioner Angela Cruz.
The Pledge of Allegiance was led by Commissioner Cruz.
Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
Mayor Penserga stated that staff requested Item 12A be heard before Consent Agenda.
Commissioner Kelley requested that Item 10A be heard before Public Hearing.
Vice Mayor Turkin requested Item 8B be heard after Item 3D.
Mayor Penserga clarified that Item 8B would be heard before Consent Agenda, but after
the Police Impact Fee discussion.
Vice Mayor Turkin requested an update from staff on anything in the code for workforce
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housing that would allow some form of waiver.
City Manager Dugger said that he will speak with Planning and Development and may
need to bring an update back.
Mayor Penserga stated that they will add the waiver as it pertains to workforce housing
discussion item under New Business.
Commissioner Kelley reiterated that she wants Item 10A before Public Hearing.
Mayor Penserga clarified that it will be Item 12A, followed by Item 10A, and then 8B,
which is Public Hearing.
Motion:
Vice Maycr Turkin moved to approve the agenda, as amended. Commissioner Hay
seconded the motion. The motion passed unanimously.
2. Other
A. Informational items by the Members of the City Commission.
Commissioner Cruz disclosed that she had many conversations and received many
messages regarding the bond.
Vice Mayor Turkin said that the Holiday Tree Lighting and the Parade were both great
successes and he applauded staff for their efforts.
Commissioner Hay stated that the Veterans Day event was well attended and there were
great speeches. He mentioned that he attended the National League of Cities in Atlanta
and toured the Tyler Perry movie studio. He said that it is a great example of revitalization
that serves the community. He agreed that the Tree Lighting was extraordinary and he
had a great time at the parade.
Commissioner Kelley stated that she had conversations regarding Item 10A. She thanked
City staff for the weekend events. She noted that the parade MC was amazing and was
entertaining.
Commissioner Hay said that he noticed several cities at the National League of Cities had
youth attend and Boynton Beach should consider it. He asked for it to be a future
discussion item.
Mayor Penserga commended staff for the weekend events.
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3. Announcements, Community and Special Events and Presentations
A. Proclamation for December 2023 as Impaired Driving Awareness Month.
Mayor Penserga read the Proclamation into the record. Jacksonville Police Department
accepted the Proclamation.
B. Announcement of Pearl Harbor Remembrance Day Ceremony.
Mayor Penserga announced the Pearl Harbor Remembrance Day Ceremony.
C. Announcement of Oceanfront Bark.
Mayor Penserga announced the Oceanfront Bark event.
D. Announcement by the Recreation and Parks Department along with the National
Recreation & Parks Association recognizing the City of Boynton Beach
Recreation & Parks Department as a NRPA CAPRA accredited agency.
Mayor Penserga announced the NRPA CAPRA accreditation.
Kacy Young, Recreation and Park Director, commended his staff for the accreditation. He
said that they are following the best practices and standards, nationwide. He introduced
representatives from NRPA and CAPRA, who joined virtually.
Jennifer Schlenning, Senior Manager CAPRA, spoke about the accreditation and said
that Boynton Beach is part of the continued growth of the program.
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)
Colleen Paul said that she recently moved to the City, and her mother wanted to be
buried in Boynton Beach and she would prefer to expand the cemetery located on
Seacrest. She said that when there is an issue, the community calls her because she
understands creole.
Paster Richard Dames said that he stands on behalf of community and residents due to
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the lack of cemetery space. He stated that they have residents who were born and raised
in the City that would like to be buried here. He asked if there is a short-term solution,
and where a new cemetery would be built or if there are plans to expand the cemetery
on Woolbright and Seacrest.
Mack McCray said that the City Commission mentioned that there was land out west,
but staff was not told to look for land out west. He stated that he replatted the City when
he was on the Commission, and they can get close to 600 plots now.
Mark Karageorge said that they need to mentor the youth into leadership positions. He
stated that the City's youth need encouragement and direction. He recommended a
leadership program.
Rob Jaeger asked for volunteers to help paint their FOE building.
Evangeline Ward spoke about the bond item on the agenda. She said that they need to
do more to bury their dead.
Suzanne Ross announced upcoming events at the Children's Schoolhouse Museum.
Susan Oyer said that the mangrove land was never transferred to the City. She stated
that people see the mangroves being cut down and destroyed, which is a federal
violation. She said that they desperately need industrial space and there are creative
spaces. She noted that they do not need more apartments.
Monica Kleckly said that the cemetery is very important to her, and she was told three
years ago that they were looking for more land. She noted that other cemeteries
increased their prices for Boynton Beach residents. She mentioned that she wants to be
buried in her City.
Katie Mellon said that the cemetery needs to be cleaned up. She said that the stones
are broken and there is glass everywhere. She stated that she still needs Police Officers
to come down her street.
Kristy Ward said that there are still not enough plots for Boynton Beach residents in the
cemetery. She mentioned that the Commission keep sweeping it under the rug. She
stated that she has family buried there, but there is no room for the rest of her family to
be buried there.
Brother Victor Norfus said that the first Unity Project event would be held on January 13,
2024. He stated that this all goes back to the Barton Cemetery. He spoke about the
historical indigenous tribe in the area.
Harry Woodworth said that the bond is 30 years long and are supposed to be for long-
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term projects. He stated that bonds are not for software, annual services, or equipment
replacement. He asked them to take it back and do what is right for the City.
Kathleen Hawkins said that her family is buried in the cemetery, and that it would be a
blessing to expand the cemetery. She noted that she still has no light in her community.
She mentioned that she called FPL and was told that it is a City issue, so she asked for
it to be fixed. She said that she left a message for Commissioner Hay and never received
a response.
Tom Wornky said that Lakeside Harbor is in the flood zone. He asked if City staff or the
development have addressed where the high-water line would be in 2050. He mentioned
that the property owner deeds provide access to the lagoon. He said that drainage from
the development property needs to be contained on the property.
Justin Johnson announced the ribbon cutting of the re-opening of the Wilson Park
playground will be held on December 7.
Ernest Mignoli said that he is here tonight and that is all he wants to say.
No virtual comments.
Mayor Penserga closed public audience.
5. Administrative
A. 2024 City Commission Calendar of Meetings.
There was a consensus to cancel the January 2, 2024 City Commission meeting.
Motion:
Commissioner Hay moved to approve the 2024 City Commission Calendar with the
changes included. Commissioner Kelly seconded the motion. The motion passed
unanimously.
B. Community Support Funds.
Motion:
Commissioner Hay moved to approve Vice Mayor Turkin's Community Support Funds for
$675, to the East Boynton Little League. Vice Mayor Turkin seconded the motion. The
motion passed unanimously.
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Motion:
Vice Mayor Turkin moved to approve Commissioner Hay's Community Support Funds for
$1,000, to the Eat Better, Live Better. Commissioner Kelley seconded the motion. The
motion passed unanimously.
6. Consent Agenda
A. Proposed Resolution No. R23-167-A Resolution of the City of Boynton Beach,
Florida, approving and authorizing the Mayor to sign the locally funded
agreement and the three party escrow agreement between FDOT and City of
Boynton Beach to fund the design and construction of a mid-block pedestrian
crossing on East Ocean Avenue (Sr 804) west of Northeast 6th Street; and
providing an effective date.
B. Proposed Resolution No. R23-168-A Resolution cf the City of Boynton Beach,
Florida, approving the adoption of the southeast Florida climate action pledge
to affirm the commitment of advancing strategic climate adaptation and
mitigation efforts with the southeast Florida regional climate change compact;
and providing an effective date.
C. Proposed Resolution No. R23-169-A Resolution of the City of Boynton Beach,
Florida, approving and authorizing the Mayor to sign agreement for the
temporary construction easement on parcel 701 for staging its construction
equipment relating to the State Road 9 (1-95) at Gateway Boulevard
improvements; and providing an effective date.
D. Proposed Resolution No. R23-170-A Resolution of the City of Boynton Beach,
Florida, approving and authorizing the Mayor to sign a second amendment to
the interlocal agreement between the City of Boynton Beach and the Boynton
Beach Community Redevelopment Agency to provide funding for the
construction of the Boynton Beach Boulevard Complete Streets Project for a
total amount of $3.1 million; amending the adopted FY 2023/2024 budget for
the 302 Fund from $6,387,691 to $7,482,691; and providing an effective date.
E. Proposed Resolution No. R23-171-A Resolution of the City of Boynton Beach,
Florida, approving and authorizing the City Manager to sign a participation
agreement with Palm Beach County for publication of legal notices on the
County's designated publicly accessible website; and providing an effective
date.
F. Proposed Resolution No. R23-172-A Resolution of the City of Boynton Beach,
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Florida, approving and authorizing the City Manager to sign a land use
agreement with Journey Community Church, Inc., for the Annual Holiday
Parade to be held Saturday, December 2, 2023; and providing an effective
date.
G. Proposed Resolution No. R23-173-A Resolution of the City of Boynton Beach,
Florida, approving and authorizing the City Manager to sign a land use
agreement with BB1 Development, LLC, for the annual holiday parade to be
held Saturday, December 2, 2023; and providing an effective date.
H. Purchase of replacement furnishings for Barrier Free Park.
I. Purchase of Network Equipment in support of Project IT2401 "Replace
Datrium Server."
J. Purchase of networks switch maintenance and licensing.
K. Proposed Resolution No. R23-177-A Resolution of the City of Boynton Beach,
Florida , approving the transmittal of the City of Boynton beach State Housing
Initiative Partnership (Ship) Program annual report FY2020-FY2023;
authorizing the Mayor to sign the corresponding local housing certification; and
providing an effective date.
L. Proposed Resolution No. R23-178-A Resolution of the City of Boynton Beach,
Florida, approving and authorizing the Mayor and Police Chief to sign all
documents associated with the acceptance and grant agreement, subject to
final approval by the City Attorney, for the FY23 Cops Hiring Program Award
#15JCOPS-23-GG-04576-UHPX for $875,000; and providing an effective
date.
M. Task Order No. CRSUTL-01-2024 for Community Rating System 2024 Annual
Recertification.
N. Proposed Resolution No. R23-179- A Resolution of The City of Boynton
Beach, Florida, authorizing the City Manager to sign the second amendment
to Towing Franchise Agreement for the last one (1) year renewal of the
contract With Beck's Towing & Recovery, Inc. for towing & storage services;
and providing an effective date.
O. Schoolhouse Children's Museum Quarterly Report to City Commission.
P. Proposed Resolution No. R23-180-A Resolution of the City of Boynton Beach,
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Florida, approving and authorizing the City Manager to sign a Memorandum of
Understanding to Amend the October 1 , 2022 Through September 30, 2025
Collective Bargaining Agreement between the City of Boynton Beach, Florida
and the Palm Beach County Police Benevolent Association, Inc. Officers &
Detectives Unit; and providing an effective date.
Q. Utilize the State of Florida Contract # 42000000-23-ACS with Henry Schein
Medical.
R. State Forfeiture Donation - Law Enforcement Trust Fund.
S. Legal Invoices October/November 2023.
T. Commission Meeting Minutes.
U. Change Order to Utility Work by Highway Contractor Agreement with FDOT
for Boynton Beach Boulevard Complete Streets project.
Commissioner Kelley requested to pull Item 6L.
Motion:
Commissioner Hay moved to approve the Consent Agenda, as amended. Commissioner
Cruz seconded the motion. The motion passed unanimously.
6L. Proposed Resolution No. R23-178- A Resolution of the City of Boynton Beach,
Florida, approving and authorizing the Mayor and Police Chief to sign all documents
associated with the acceptance and grant agreement, subject to final approval by
the City Attorney, for the FY23 Cops Hiring Program Award #15JCOPS-23-GG-
04576-UHPX for $875,000; and providing an effective date.
Chief DeGiulio said that the grant is for seven additional officers, bringing the staff total
to 170 officers, which is an increase from 156.
Commissioner Kelley asked about the grant timeframe.
Chief DeGiulio said that it is three years of funding, but the grant is for five years.
Commissioner Kelley thanked the Police Department for applying for the grant.
Motion:
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Commissioner Kelley moved to approve Item 6L. Commissioner Cruz seconded the
motion. The motion passed unanimously.
7. Consent Bids and Purchases over$100,000
A. Replacement of chiller (HVAC) system at Fire Station 5.
B. Purchase order for the Cherry Hill Road Resurfacing.
C. Proposed Resolution No. R23-175-A Resolution of the City of Boynton Beach,
Florida, approving the use of Volusia County, Florida, RFP NO. 22-P-58BB
and authorize the City Manager to sign an agreement with Commercial Risk
Management, Inc., for professional workers compensation third party
administration services with an estimated annual cost of $1,130,000; and
providing an effective date.
D. Purchase order for Asphalt and Sidewalk Rehabilitation (Boynton Lakes Blvd)
to Atlantic Southern Paving and Sealcoating.
E. Change order for the Boynton Beach Extension Project.
F. Proposed Resolution No. R23-176-A Resolution of the City of Boynton Beach,
Florida, approving and authorizing the City Manager to sign a Maintenance
Agreement No. 00309 based on the GSA Contract No. GS-07F-173GA with
Broadcast Systems (ER Tech Systems Group, Inc.) to purchase services,
support, and maintenance for citywide cameras, access control, and real time
crime center technology on an "as needed basis" from broadcast systems for
an estimated total not to exceed $148,000; and providing an effective date.
G. High Speed Wireless Data Services- Verizon Wireless Personal
Communications LP.
H. Purchase of Servers and Software to Replace Datrium DVX.
I. Vehicle Purchases- December 2023.
Motion:
Commissioner Cruz moved to approve the Consent Bids and Purchases over $100,000.
Commissioner Kelley seconded the motion. The motion passed unanimously.
8. Public Hearing
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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 No. 23-015- Second Reading- An Ordinance of the City
Commission of the City of Boynton Beach, Florida, approving amendments to
the City of Boynton Beach Comprehensive Plan for transmittal to the
Department of Economic Opportunity for the State-Coordinated Review. The
proposed amendments address new statutory requirements pertaining to the
establishment of a property rights element; providing for conflicts, severability,
and an effective date.
Deputy City Clerk Stanzione read the Ordinance No. 23-015 into the record.
Andrew Meyer, Senior Planner, introduced the item. He reviewed the following:
Evaluation and Appraisal Review (EAR); Property Rights Element; Recommendation;
and Next Steps.
Mayor Penserga opened to public comment, and no one came forth. He closed public
comments.
Motion:
Vice Mayor Turkin moved to approve Ordinance No. 23-015, at second reading.
Commissioner Hay seconded the motion. In a roll call vote, the motion passed
unanimously.
B. Harbor Cay - Major Master Plan Modification (MPMD 23-001) and Major Site
Plan Modification (MSPM 23-002).
Deputy City Clerk Stanzione read the item into the record. She swore in those intending
to speak.
Commissioner Cruz said that she has had any ex-parte communication, has received
written communication, has not conducted an investigation, has not made a site visit, and
has not received expert opinions. She requested that these disclosures and all written
communications be made a part of the record.
Vice Mayor Turkin said that he has had any ex-parte communication, has received written
communication, has not conducted an investigation, has not made a site visit, and has
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not received expert opinions. He requested that these disclosures and all written
communications be made a part of the record.
Commissioner Hay said that he has had any ex-parte communication, has not received
written communication, has not conducted an investigation, has not made a site visit, and
has not received expert opinions. He requested that these disclosures and all written
communications be made a part of the record.
Commissioner Kelley said that she has had any ex-parte communication, has received
written communication, has not conducted an investigation, has not made a site visit, and
has not received expert opinions. She requested that these disclosures and all written
communications be made a part of the record.
Mayor Penserga said that he has had any ex-parte communication, has received written
communication, has not conducted an investigation, has made a site visit, and has not
received expert opinions. He requested that these disclosures and all written
communications be made a part of the record.
Bradley Miller, Urban Design Studios, introduced himself and other members of the team.
He presented the following: Harbor Cay Project Location; Prior Approval — 2019; Master
Plan/Plat Parcels; and Proposed Site Plan.
Angel Pinheiro, Dynamic Engineering, continued the presentation by explaining the
drainage plan.
Mr. Miller continued the presentation by reviewing the following: Proposed Site Plan
(con't); Existing Vegetation — East Property Line; Landscape Plan; Aerial Plan; Floor
Plans —Typical; Elevation from Federal; Elevation from Interior; and Recap & Questions.
Jae Yun Kim, Planning and Zoning, stated that staff has no additional information to add.
She said staff recommends approval of the project with conditions.
Public Comment:
Susan Oyer said that she sat on the Planning and Development Board when it first came
up and it is a nice project. She said that her issue is that the rooftops should be white and
not barrel tiles. She said that the tiles take 6 months to replace. She recommended a
white metal roof to withstand the elements.
Carol Brinley said that the concern is that the higher density would greatly decrease the
home values for the current residents. She mentioned that the community will be overrun
with traffic, noise, and garbage.
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Denise DeJenora said that they live on the road and the biggest asset in the area is the
community. She stated that the neighbors have learned to be respectful and helpful. She
commented that there is a flooding issue on the road and in yards. She said that the
developer has no regard for their ongoing issues, and that the developer was unwilling to
discuss anything and was brief and evasive in his presentation. She asked the City to
help them protect the oldest private street.
Jefferson Michaels said that he is in negotiation to build another set of houses in that
area. He stated that the density will be a tremendous impact on the neighborhood. He
said the street will be clogged with traffic, and that residents do not usually park cars in
garages, but on the streets. He noted that there is not enough landscaping.
Rob Jagger distributed handouts to the dais.
City Attorney Lamb noted that they can be accepted but not as evidence. She said that
this is time for Public Comment.
Mr. Jagger said that the developer wants to make sure the project fits within the
community, but that is not true. He spoke about the meeting with the developer. He stated
that there are two bedrooms listed in each unit, but the office space is large and will likely
be used for a third bedroom. He mentioned that it impacts the traffic study, number of
utilities, and flooding. He commented that it was zoned for 18 units. He expressed concern
about the justification statement and said that there was no purpose, and it will have a
negative impact on their community.
Herman Livel said that he lives on the street, and he asked the developer about renting
units and the developer said that he has a right to do what he wants with his properties.
He stated that he is not there there to prevent the developer from building, but asked the
City Commission to hold him accountable so they have a drivable and livable street.
Williams Burns said that he has lived on the private street for 13 years and the residents
have had no help from the City when there are issues. He stated that flooding has become
progressively worse. He noted that at least three homes are flooded after heavy rain. He
said that a City staff member visited the road a few years ago and noted that the City was
not responsible for correcting the flooding. He said that the construction will change the
character of the street and will create further street flooding. He expressed concern that
they will not be able to access their houses during the flooding. He stated that the
developer said that he could do whatever he wants with his property. He asked the City
Commission to reject the Major Master Plan Modification.
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Todd Bertosi said that he has been a Lakeside resident for 29 years, and as development
has increased, flooding has also increased. He asked about the flood plain administrator,
and if they reviewed geotechnical engineering reports. He noted that if it rains for more
than an hour, flashing flooding occurs. He said that the ex-filtration will not function as
intended in a flood plain. He mentioned that the occupancy is a potential 500% increase
on the street since rezoning, and asked about the protection for existing homeowners.
Jen Jagger described the recent meeting between residents and the developer. She said
that the developer did not answer the question about the number of bedrooms in the units
because he is planning on marketing them as three-bedroom and not two-bedrooms. She
said the application submitted to the City is a misrepresentation and all data should be
called into question. She said that the City Commission has the ability to vote in the best
interest of the community. She said that they have reason to doubt. She asked them to
vote their conscience without fear.
Clay Holzhouser said that he is deeply concerned, as a downstream property owner of
potential flooding, if Harbor Cay does not retain its own water on its property. He stated
that that the ex-filtration system engineering does not account of the national flood plain.
He all the water will flow down Lakeside Harbor. He noted that the justification statement
does not indicate an imminent need.
Mark Karageorge said that his first year working for the City, this area was in his zone.
He stated that flooding is an understatement in this area, and that flooding happens on
the street and in some residents' backyards. He mentioned that the City never addressed
the issue, even if it was a private road. He commented that he does not object to the new
development, since they have a drainage plan, but he would like to see the City take care
of the residents. He reiterated that the flooding is bad and it lasts 2-3 days. He asked the
City to address the drainage issue on the street.
There were no virtual comments.
Mayor Penserga closed public comments.
Ms. Kim said that the condition of approval is to meet parking requirement. He stated that
the project requires four guest spaces, but eight guest parking spaces will be provided by
the developer. She also noted that the office must remain as an office, or they will be in
violation of parking requirements. She commented that 28 units are permitted on site and
the project proposed 25 units.
Mr. Miller stated that a professional engineering testified about the drainage plan and
flooding, and that he agreed that the flooding problem has been around a long time. He
said that the neighbors deserve to have it fixed, and that they are willing to agree to a
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condition of approval about the den remaining a den. He said that the density has been
established in the area for 17 years. He mentioned that the Live Local act. He mentioned
that the roof is white and the barrel tile is only an accent feature.
Mr. Pinheiro explained that they are required to adhere to design requirements by FDOT,
Florida Water Management, and City staff. He said that it is illegal for them to make the
drainage worse. He said the design guidelines are pretty strict.
Matthew Scott, attorney on behalf of the applicant, said that there is an existing easement
that has been on the properties for decades. He stated that it is the obligation of the
homeowners. He noted that their project will improve the drainage. He explained the
rezoning of the area and said that the City staff area recommended approval.
Mayor Penserga said that the main focus seems to be the flooding. He expressed concern
about the drainage, and asked staff about conceptual drainage information. He stated
that he also needs evidence that the flooding will not be worse.
Shiloh Toler, Public Works Engineer, said that the plans are conceptual in nature. She
said that another review will be done during permit review, to ensure it is meeting all code
and requirements.
Mayor Penserga asked what they would do if they determined down the road that the
situation will be made worse for the neighbors.
Ms. Toler said that no permit will be issued until they provide all evidence that the project
is meeting all requirements, including no adverse consequences to the neighbors. She
stated that they will continue to monitor any changes during final development.
Amanda Radigan, Planning and Zoning, said that all plans at this stage are conceptual,
not only drainage.
Ms. Toler said that the criteria that is important to consider for this project is a 25 year 3-
day storm event. She further explained the criteria.
Mayor Penserga asked Mr. Pinheiro to explain how the project will not make the flooding
worse for the neighbors.
Mr. Pinheiro said that the property currently sits higher on the west side than the east
side, where the single-family homes are located, and that rainfall currently flows from high
to low. He stated that they are required to put a perimeter and the water is self-contained
on the property. He explained that the average rainfall of a hurricane event, and said that
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there is a 4% chance of the storm event happening in any given year. He reiterated that
they would not receive a permit if they impacted the neighbors.
Mayor Penserga expressed concern about the flooding during the construction process.
Mr. Pinheiro said that the contractor would be responsible for erosion control during
construction.
Commissioner Cruz said that she understands the project meets code. She asked if there
are additional regulations that make FEMA flood zones have different requirements.
Ms. Toler responded that there are no additional requirements.
John Kuntzman, Building Official, was sworn in.
Commissioner Cruz reiterated her question.
Mr. Kuntzman said that the Florida Building Code required in Chapter 16 needs to meet
the base foot elevation, plus one foot. He stated that part of the proposed project is
located in the special flood hazard area, and under the current mapping, the minimum
finished floor has to be seven feet.
Commissioner Cruz said that she spoke with several engineers and feels terrible for the
neighborhood. She noted that the property owners are each responsible for a part of the
road. She stated that the only thing that could be done, theoretically, is to make the road
a City road and the City would need to undertake improvements, which could cost up to
$1.5M. She said that staff confirmed the proposed project meets code.
Ms. Radigan added that a dedication would have to come from both sides of the road,
which would be approximately 20-22 feet of the front yard from each side of the property.
Commissioner Cruz asked how many gallons of water that they would be referring to with
a 25-year storm. She asked if the future underground water system in the proposed
project would absorb more water than is currently being absorbed by the ground.
Mr. Pinheiro said that all the 25-year storm points to is a rainfall event, which is
approximately 14 inches. He said that they do not use gallons to measure, but acre foot.
He explained the generated runoff and grading.
Commissioner Cruz asked how many gallons the ex-filtration trench accepts.
Mr. Pinheiro further explained the ex-filtration system and volume.
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Discussion ensued about the ex-filtration system.
Mayor Penserga asked if the system impacts the way the neighbor's drain their water.
Ms. Radigan said that from her understanding, no.
Mr. Pinheiro said that they account for the water table.
Commissioner Hay asked how big the private road is.
Mr. Miller said that the pavement is irregular, but approximately 18-20 feet. He stated that
they need to widen it to 25 feet in their development, to meet code.
Commissioner Hay asked if the water would drain west and not east.
Mr. Miller responded that is correct. He stated that currently, the ground is graded towards
the residential area, but after the development, the east will be graded to be higher than
the center of the site.
Commissioner Hay said that his heart is with the residents, but his job is to make the best
assessment based on the information provided and staff recommendation. He stated that
he would like to see some collaboration between the residents and developer to try to
resolve the flooding issue. He asked about the options if the flooding situation gets worse.
Commissioner Kelley stated that it is hard when there is a disconnect or the situation is
not positive. She said that the developer will need to work with the neighbors and that she
wished that the community meeting had gone differently. She asked staff to look into what
they can do legally to help the situation. She inquired what would happen if the units were
rentals.
Mr. Miller said that there are legalities to the condo ownership versus rentals. He
acknowledged the flooding issue and said that the water will no longer go down that road
any longer once the property is developed. He stated that they still need to get through
three permitting agencies and that the City staff will not sign off until Mr. Pinheiro secures
the South Water Florida Water Management and DOT permits.
Mayor Penserga echoed Commissioner Kelley's sentiments about the residents. He said
that this is about the flooding and they are not asking the developer to fix everyone's
problem. He requested two additional conditions of approval: one, that the den remains
a den and not a bedroom, which he heard the applicant already agree to that condition;
and two, is that the subject property must provide a drainage system to contain and
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maintain storm surface and ground water occurring on site. He said that the drainage
system must be designed to prevent any adverse impacts to neighboring properties.
Ms. Radigan suggested that the condition about the dens should be expanded to be
included in the condo docs., should this go ownership.
There was consensus from the Commission to add the two conditions.
Motion:
Commissioner Cruz moved to approve Major Master Plan Modification (MPMD 23-001)
and Major Site Plan Modification (MSPM 23-002), as amended with two additional
conditions. Commissioner Kelley seconded the motion.
In a roll call vote, the motion passed 4-1 with Vice Mayor Turkin dissenting.
The City Commission recessed for 10 minutes.
9. City Manager's Report- None
10. Unfinished Business
A. Proposed Resolution No. R23-181- A Resolution of the City of Boynton Beach,
Florida, approving and authorizing the Mayor to call for an election bond
referendum to be held on March 19, 2024, for the purpose of submitting to the
electorate a bond referendum regarding the issuance of general obligation
bonds by the City of Boynton Beach in an amount not to exceed $25 million for
the purpose of the acquisition, construction, rehabilitation, and equipping of new
and existing recreation facilities and parks, and in an amount not to exceed $25
million for public safety purposes; providing for publication of notice of said
referendum; providing requisite ballot language for submission to the electorate;
providing for the City Clerk to utilize the services of Palm Beach County
Supervisor of Elections for the election; providing for the adoption of
representations; and providing an effective date.
Mayor Penserga said that the process in which this Ordinance has arrived in front of the
City Commission is not the best process that could have occurred. He stated that,
unfortunately, the public was not brought into the process early enough. He commented
that his intention is stop this since it needs to be done right, and that public input must be
done early and often. He asked for a motion to table the item.
Motion:
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Vice Mayor Turkin moved to table the item. Commissioner Hay seconded the motion.
Commissioner Kelley said that they have an established CIP and she wants to see the
big-ticket items added to the CIP and to reprioritize the entire CIP list. She stated that the
CIP should have been the basis for the bond. She mentioned that the CIP should be
prioritized, so they can make an educated decision about funding.
Mayor Penserga agreed with Commissioner Kelley and said that much more discussion
is needed.
Commissioner Cruz said that she asked for an infrastructure inventory back in July.
Commissioner Kelley said that they cannot even evaluate on any bond without knowing
the true needs of the City.
Mayor Penserga noted that they have not even discussed the bond process or citizen
oversight. He said that he asked for a City Auditor position and that needs to come first.
Vice Mayor Turkin said that this needs to start with the public first. He stated that Fire
Station 3 is a necessity. He mentioned that it is not financial responsible to move forward
with this. He acknowledged that staff is trying to be proactive, and he appreciates their
work and intention.
Public Comments:
Harry Woodworth said that the last 15 minutes have been the best City Commission
meeting he ever attended.
Susan Oyer said that if it moves forward that they need public input. She recommended
breaking them into separate bonds. She stated that bonds are meant for big things. She
asked them not to hire a City Auditor. She recommended bringing back a Finance
Committee.
Mayor Penserga said they are the only major City who does not have an independent
Auditor.
There was one virtual comment.
Kristen Roberts thanked the City Commission for their decision. She said Commissioner
Kelley did her homework and agreed that the CIP needs to be looked at and planned for.
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Mayor Penserga closed public comments.
City Attorney Lamb recommended a motion to postpone and not table the item.
Motion:
Vice Mayor Turkin moved to postpone the item. Commissioner Hay seconded the motion.
The motion passed unanimously.
11. New Business
A. Workforce Housing Waiver
Mayor Penserga requested an update on the workforce housing waiver.
Ms. Radigan stated that there is a waiver process built into the workforce housing
program. She noted that "payment in lieu of" does not qualify for this. She said that
there is a discrepancy in the actual process section of the code. She noted that staff
can create a process and strengthen the language if it is the will of the Commission.
Vice Mayor Turkin said that he knows other municipalities have waivers to bridge the
workforce housing.
Ms. Radigan said that they could create criteria or outline the portions of the code that
are applicable for a waiver.
12. Legal
A. Proposed Ordinance No. 23-022- First Reading and Public Hearing- An
Ordinance of the City Commission of the City of Boynton Beach, Florida,
amending the Land Development Regulations ("LDRS") Chapter 2, Land
Development Process; Article VI "Impact And Selected Fees" to amend Section
2 to adopt a Comprehensive Impact Fee Schedule for Police facilities; adopting
an impact fee study for Police facilities; amending Section 9 to create an impact
fee schedule for Police facilities; providing for codification; providing for
severability; providing for conflicts; and providing for an effective date.
Deputy City Clerk Stanzione read the Ordinance into the record.
Amanda Radigan, Planning and Zoning Director, introduced the item.
Sean O'Casio, Raftelis Financial Consultants, provided a presentation on the following:
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Purpose and Background; Legal Considerations; Impact Fee Criteria; Fee Calculation
Methodology; Functional Population; City Service Area Forecast; Levels of Service;
Existing and Future Investment; Proposed Police Impact Fees; Police Impact Fee
Comparison — Single Family; and Recommendations.
Commissioner Kelley asked if there was a way to stagger implementation.
Ms. Radigan said that they did discuss staggering implementation for the Park Impact
Fees, but this is a new fee. She said that staff does not recommend a phased
implementation for these fees.
Commissioner Hay asked if City data was used to project future growth.
Ms. Radigan said that the population counts are based on the census data.
Commissioner Hay asked what it costs for a single-family home on an annual basis.
Ms. Radigan said that it is an impact fee, so it is not reoccurring. She stated that it is paid
at the time of permitting by the developer. She clarified that they are not like the Fire
Assessment Fee.
Vice Mayor Turkin thanked staff for putting this forward. He noted that this is a huge
opportunity to be proactive with Public Safety. He acknowledged the increase in Police
staffing. He asked if there is a way to lower the fee and create an incentive if the building
is done sooner.
Ms. Radigan reiterated that once a fee is established there are parameters about a
phased implementation.
Commissioner Cruz supports the item.
Motion:
Vice Mayor Turkin moved to approve Ordinance No. 23-022. Commissioner Hay
seconded the motion. In a roll call vote, the motion passed unanimously.
B. Proposed Ordinance No. 23-023- First Reading and Public Hearing - An
Ordinance of the City Commission of the City of Boynton Beach, Florida,
approving the Boynton Beach Administrative Amendments to the 8th Edition
(2023) of the Florida Building Code; providing for conflicts, severability,
codification, and an effective date.
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Deputy City Clerk Stanzione read Ordinance No. 23-023 into the record.
Mr. Kuntzman introduced the item. He spoke about state statute. He said there will be no
changes to Chapter 1. He reviewed the following changes: BBA to FBC 102.2.5; BBA to
FBC 102.6; BBA to FBC 104.11; BBA to FBC 105.3; BBA to FBC 105.3.1.2 (4); BBA to
FBC 107.3.5; BBA to FBC 107.6 Affidavits; BBA to FBC 107.6.2; BBA to FBC 110.1.2;
and BBA to FBC 110.2.
Commissioner Kelley asked if this is for new construction only.
Mr. Kuntzman said that this is for Chapter 1, which is administrative.
Commissioner Kelley asked how they govern smoke and carbon and monoxide detectors
and when it would be applicable for existing homeowners.
Mr. Kuntzman said that it would become applicable when someone comes in for a permit
and the scope of work triggers the requirement.
Motion:
Commissioner Kelley moved to approve Ordinance No. 23-023. Commissioner Hay
seconded the motion. In a roll call vote, the motion passed unanimously.
C. Proposed Ordinance No. 23-024- First Reading and Public Hearing - An
Ordinance of The City of Boynton Beach, Florida, amending the Land
Development Regulations Chapter 1, Article II. Definitions, Chapter 3, Article IV,
Section 3.D. Use Matrix and Notes, and Chapter 4, Article V. Minimum Off-
Street Parking Requirements, to modify and add definitions, use regulations,
and parking for commercial kitchen uses, food processing/manufacturing, ghost
kitchens, and banquet halls; providing for conflicts, severability, codification and
an effective date.
Deputy City Clerk Stanzione read Ordinance No. 23-024 into the record.
Mr. Meyer was available for questions.
There were no questions from the City Commission.
Mayor Penserga opened public comment, and there were none. He closed public
comment.
Motion:
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Vice Mayor Turkin moved to approve Ordinance No. 23-024. Commissioner Hay
seconded the motion. In a roll call vote, the motion passed unanimously.
D. Proposed Ordinance No. 23-025- First Reading and Public Hearing - An
Ordinance of The City of Boynton Beach, Florida amending the Land
Development Regulations, Chapter 4, Article V, Section 3. Special Reductions
in Required Off-Street Parking, to add "Multi-Tenant Building" to warehouse,
wholesale, and distribution; providing for conflicts, severability, codification and
an effective date.
Deputy City Clerk Stanzione read Ordinance No. 23-025 into the record.
There were no questions from the City Commission.
Mayor Penserga opened public comment, and thcre were none. He closed public
comment.
Motion:
Vice Mayor Turkin moved to approve Ordinance No. 23-025. Commissioner Kelley
seconded the motion. In a roll call vote, the motion passed unanimously.
13. Future Agenda Items
A. Presentation of after-action report for the force main break near Lift Station No.
356 at East Boynton Beach Boulevard. - December 19, 2023
B. Presentation by Utilities Department on project to review existing utility
infrastructure, development of risk matrix, and prioritization of repairs and/or
replacement projects -December 19, 2023
C. Presentation regarding fleet management, due to the concerns with the auto
strike, and the possible reduction in products. - December 19, 2023
D. Provide update on grant funded projects in the Capital Improvement Plan -
December 19, 2023
E. Discussion regarding regulations to support local businesses. - January 16,
2024
F. Presentation by staff and discussion regarding annexation options and
procedures. - January 16, 2024
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G. Discussion regarding existing regional programs and best practices to combat
homelessness in the City. - March 19, 2024
H. Discussion regarding the Art Assessment Fee being allocated to infrastructure
instead of public art. - TBD
I. Discussion regarding combining City properties together to create senior
affordable housing. - TBD
14. 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 10:28 P.M.
CITY OF BOYNTON BEACH
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