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Minutes 01-16-24 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, January 16, 2024, at 6:00 P.M. Present: Mayor Ty Penserga Andrew Mack, Deputy 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 6:01 P.M. Roll Call Deputy City Clerk Tammy Stanzione called the roll. A quorum was present. Invocation by Pastor Duane Roberts, Calvary Chapel. Invocation was given by Pastor Roberts. Pledge of Allegiance to the Flag led by Commissioner Aimee Kelley. The Pledge of Allegiance was led by Commissioner Kelley. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Vice Mayor Turkin requested to add a discussion on attending the NLC Congressional City Conference, in March. City Attorney Lamb noted that Item 6K resolution was updated, due to scrivener's error. She said that the resolution had an amount of$25,000 which was incorrect, the corrected dollar amount is $50,000. Motion: Commissioner Cruz moved to approve the agenda as amended. Commissioner Kelley seconded the motion. The motion passed unanimously. 2. Other City Commission Meeting Boynton Beach, FL January 16, 2024 A. Informational items by the Members of the City Commission. Vice Mayor Turkin said that he attended the MLK event and Palm Beach County Days in Tallahassee. Commissioner Hay commended staff for the MLK event. He said that he would like the parade route to be longer next year. Commissioner Kelley said that she attended Palm Beach County Days. She stated that thankfully there are no hard bills that we have to fight, and that we are really just going up to Tallahassee an asking for appropriations and hopefully we will get some. She commended the Fire Department for the beach cleanup. She said that there was an amazing turn out. 3. Announcements, Community and Special Events and Presentations A. State of Education Report by District 4 School Board Member Erica Whitfield. Erica Whitfield, District 4 School Board Member gave her State of Education Report. Commissioner Kelley inquired about how many students have utilized the waiver since the beginning of the school year. Ms. Whitfield stated that she is not sure about the state of Florida. She said that in Palm Beach County we have been lucky, and that they thought there was going to be a huge impact. She mentioned that most of the students in private schools are taking the funds, and that there was not a huge shift to private schools. Commissioner Kelley stated that she is concerned with the start time change for the schools. She asked how the change is going to affect after school activities, internships, and school sports. She said that it is her understanding that high school is not going to be able to start before 8:30 A.M. She mentioned that some kids have after-school programs and this change would potentially have them working later. She asked if they are really recouping that sleep time, by having to work later or to get the hours to help their families. She said that she has spoken with other parents with high school students and this is just a few of their concerns. Ms. Whitfield agreed with Commissioner Kelley. She said that the other concern is the lighting on the sports fields, and that the fields need to be lit up. She mentioned that you are going to see the shift to morning practice before school. She stated that there is going to be a committee made up of community members to help us deal with this. She said that the ideal situation would be that every student start school at 8:30AM and we do not have a shift. She commented that middle schools right now are doing 9:30 AM in many places and 2 City Commission Meeting Boynton Beach, FL January 16, 2024 that we may have to push them as far as 10:00 AM, 10:30 AM because we have to get the buses back. She explained that right now, one bus driver does a high school route, then they drop off the high school kids off, then pick up elementary students, and then the middle school. She stated to do that many more routes, we need to buy the buses but the bus drivers are almost impossible to come by. She stated that we have done everything we can to raise pay, raise spirits to make sure they like their jobs, and even with that, this is a huge pull on the system. Commission Hay commended Ms. Whitfield for the job she is doing and looking outside the box to try to resolve some of the issues that we have with our kids. He inquired if charter schools renting space in churches is it permitted. Ms. Whitfield responded that she has seen some charter schools being run out of churches and that is fine. She said that with new policy from the State, she could imagine that it would be okay. She said that we have a charter school department that works through these issues to make sure the space is appropriate. She said that she would recommend coming through the County, because they have local staff to help. Mayor Penserga thanked Ms. Whitfield for the hard work she has been doing. B. Proclamation- Seminole Maroon Remembrance Day. Mayor Penserga read the Proclamation and presented the Proclamation to Victor Norfus. C. Proclamation- Arbor Day. Mayor Penserga read the Proclamation and presented the Proclamation to Debbie. D. Announcement of Oceanfront Bark. Mayor Penserga announced the Oceanfront Bark event. 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, said that it seems that the guardrails provided by the City Charter, no longer exists for the Mayor. He stated that in clear violation of the charter, he has embedded himself in personnel matters and without the consent of a majority vote of the Commission he sought legal advice from outside counsel on personnel matters. He spoke about the Mayor creating chaos in the City. He said that the Mayor should do our City favor and just resign or maybe we should move forward on a recall petition. He commented that 3 City Commission Meeting Boynton Beach, FL January 16, 2024 everyone should know that until he ran for office four years ago, he had never voted in the City Election. He said that the privilege to serve in public office is not about you, it is about the people who allow you to do it, and that the Mayor has lost his way. He said that real leaders have a compass and he has lost all sense of direction. Nadine Frakes, thanked the Mayor for his concern and understanding regarding a complaint that she had about the Boynton Beach Police Department. She said that her daughter Michelle, had M.S. for 13 years and on the night her daughter died, two Police Officers walked into her home illegally. She stated that she had no idea why the Police Officers where there. She mentioned that Sargent Haus entered the home and apologized for her lost, and told the women Police Officers to check her. She said that was her first understanding that they thought she had done something to her daughter. Mayor Penserga encouraged her to reach out the City Manager and the Police Chief. Cindy Falco De Corrado said that she did notice that they are building more water pipes on the west side of Woolbright. She stated that she noticed 12 police cars on Boynton Beach Boulevard by 1-95, nine of them parked at the Palm Beach eyeglass place, and three Police Officers in somebody's car. She asked who pays their salary for standing around doing nothing? George Domsky said that he was there to talk about his wife Nadine and his stepdaughter Michelle. He stated that Boynton Beach Fire Department was excellent and pronounced Michelle dead and that the two Officers enter the house without knocking. He mentioned that they wanted to remove the body from the house. He said that the Sergeant apologized for the fiasco, that they were in the wrong, and you do have 24 hours to remove the body. He said that he had to wait a long time to get the report from the Police Department. Victor Norfus said that he wanted to talk about the cemetery and the lack of a Cemetery Board. He stated that there is a problem with keeping the cemeteries clean and that the baseball field needs to be moved to make room for the cemetery. He commented that he took one of the Commissioners out to Barton Cemetery to show him the conditions of the cemetery, and he was appalled as well. He mentioned that there was a Cemetery Board and they were taking care of the cemeteries. He said that at one time there was a Community Relations Board, and both boards were removed because they were costing too much money. Dr. Piotr Blass said that the City has a superb Library. He said that the Library was number one in the State and to keep it up to be number one in the Country. He stated that the attacks on the Mayor are not kosher something is wrong. He said that the Mayor is doing a good job. Mayor Penserga closed Public Audience. 4 City Commission Meeting Boynton Beach, FL January 16, 2024 5. Administrative - None 6. Consent Agenda A. Proposed Resolution No. R24-001- Approving an Interlocal Agreement with Palm Beach County providing for certain Traffic Control Authority within the City. B. Proposed Resolution No. R24-002- Approve and Authorize the City Manager to sign the Grant Agreements for the FY 2023-2024 Small Business Support Grant program awarded applicants in the amount of $10,000 per applicant for a total of $80,000. C. Proposed Resolution No. R24-003- Approve and Authorize the City Manager to sign the Grant Agreements for the awarded grant recipients for the FY 2023-2024 Small Business Marketing Grant program in an amount not to exceed $2,500 per applicant, for a total of $45,000. D. Proposed Resolution No. R24-004- Approve and authorize the assessment and recording of Nuisance Abatement Liens against properties in the public records of Palm Beach County within 60 days of adoption of the Resolution. E. Proposed Resolution No. R24-005- Approve and authorize the City Manager to sign the First Amendment to the Interlocal Agreement between the City of Boynton Beach and the Palm Beach County Sheriffs Office (PBSO), providing $111,000 in additional funds to PBSO from the State Assistance for Fentanyl Eradication (S.A.F.E.) in Florida Program to cover operational costs of the investigative operation. F. Proposed Resolution No. R24-006- Approve and authorize the City Manager to sign a Utility Work by Highway Contractor Agreement with FDOT, a Three Party Escrow Agreement, and any required assurances, for the adjustment of Utilities' sanitary sewer manholes and valve boxes along SR-804/East Ocean Avenue from SR-5/US-1 to A1A with an initial estimate of$10,052. G. Proposed Resolution No. R24-007- Amend Fund 302 from $8,429,891 to $8,510,791 utilizing $80,900 of fund balance and approve Task Order # UT-3E-08 based on the RFQ 046-2821-17/TP for General Consulting Services contract to West Architecture + Design, LLC, as the next pre- qualified vendor for the Design of the Ezell Hester Center Airnasium, in the amount of $80,900. H. Proposed Resolution No. R24-008- Approve and authorize the Mayor to 5 City Commission Meeting Boynton Beach, FL January 16, 2024 sign the Settlement Agreement and Mutual Release between the City of Boynton Beach and ZeroRisk HR, LLC, and terminate the Hiring System Enterprise License Agreement. I. Proposed Resolution No. R24-009- Approve the auction of the vehicles/equipment submitted by the Fleet Maintenance Division for disposal by using the online auctioneer JJ Kane Auctioneers. J. Proposed Resolution No. R24-010- Approve and Authorize the City Manager to sign the Local Agency Program Agreement (LAP Agreement), accept the LAP Agreement, and execute all documents associated with the LAP Agreement, subject to the approval of the City Attorney, for the SE 1st Street Complete Streets improvement project. K. Proposed Resolution No. R24-011- Approving and authorizing the City Manager to sign all procurement contracts in accordance with the limits set forth in the City of Boynton Beach procurement policy. L. Proposed Resolution No. R24-012- Approve and authorize the use of $236,500 of the City's State Housing Initiatives and Partnership (SHIP) Program funds toward the rehabilitation of the property located at 2385 SW 13 Way Boynton Beach, FL 33426 and authorize the Mayor to sign a subrecipient agreement with Habitat for Humanity of Greater Palm Beach County, Inc., to complete the rehabilitation of the property. M. Lease Extension Agreement between the City of Boynton Beach and Boynton Beach Community Redevelopment Agency, extending the current lease for twelve (12) additional months for the use of property located at 511 E. Ocean Avenue, Boynton Beach, FL 33435. N. Proposed Resolution No. R24-014- Approve and ratify the City Manager signing a Facility Use Agreement between the City of Boynton Beach and Face It Athletics Corp. to allow Face It Athletics Corp. to host a Men's Basketball Tournament at Ezell Hester Jr. Community Center gymnasium on January 13, 2024. O. Proposed Resolution No. R24-015- Approve the one-year extension for RFPs/RFQs/Bids and/or piggy-backs for the procurement of services and/or commodities under $100,000 as described in the written report for January 16, 2024 - "Request for Extensions and/or Piggy-backs." P. Commission Meeting Minutes. Q. Proposed Resolution No. R24-019- Approve and authorize the Mayor to sign the First Amendment to the Interlocal Agreement between the City 6 City Commission Meeting Boynton Beach, FL January 16, 2024 and the CRA for the CRA District Streetscape/Lighting Improvements. Vice Mayor Turkin pulled items #6E #6L. Commissioner Cruz pulled item #6J. Motion: Vice Mayor Turkin moved to approve the remainder of the consent agenda. Commissioner Hay seconded the motion. The motion passed unanimously. Daniel Dugger, City Manager, said that this is money we receive from the state. He stated that we had a large multi-agency operation that removed probably about 44 pounds of fentanyl off the streets of Boynton Beach. Vice Mayor Turkin said that he had no questions, but that it is important to note the big accomplishments that we can do working with the state agencies and grant funding. He mentioned that the fentanyl that was taken off the street was a few blocks from a school which is a huge deal. He said that he wanted to give kudos to both the City staff for working with the Police Department and our brave men and women for putting their lives at risk to make this a cleaner and safer community. City Manager Dugger introduced Assistant Chief Jack Deal, Support Services with the Detective Bureau and Investigation Services. He said that Chief Deal had very distinguished career with and has been with the department for about two years. Jack Deal, Assistant Chief, said that the members of the Investigative division did exceptional work. He said that it was an extended case and it would not have been possible without the grant from Florida Department of Law Enforcement. He commented that we got this grant because Boynton Beach has a higher number of fentanyl overdosed deaths. He explained that it was an 18-month investigation with 11 search warrants and that they seized 23 kilograms of cocaine, 127 grams of fentanyl, 34 grams of methamphetamine, over$100,000 in cash, nine vehicles, 23 firearms and 22 arrests. He said that they have more charges that are forthcoming, and that this was completed in conjunction with the Palm Beach Sheriffs Office. He said that the majority of the targets were here in Boynton, and that we would expect that this would have a profound impact. Motion: Commissioner Vice Mayor Turkin moved to approve Proposed Resolution No. R24-005. Commissioner Kelley seconded the motion. The motion passed unanimously. Commissioner Cruz requested that Item 6J be tabled to the next meeting. She said that she is waiting for the TPA Executive Director to get back to her. She stated that she is waiting to see if the City can get more funding. 7 City Commission Meeting Boynton Beach, FL January 16, 2024 Motion: Vice Mayor Turkin moved to table Item 6J Proposed Resolution No. R24-010 to the next meeting. Commissioner Kelley seconded the motion. Moisey Abdurakhmanov, Engineer, said that this item needed to be on this agenda for the agreement the City has with FDOT. He said that the agreement has to be back to FDOT per their requirements by the 22nd of January. He stated that if this item is tabled, there is a possibility that the grant will be forfeited. There was a consensus to rescind Vice Mayor Turkin's motion. Mr. Abdurakhmanov noted that the FDOT is not allowed to give more than $1.5 million- dollars per grant, per project. Motion: Commissioner Cruz moved approve Proposed Resolution No. R24-010. Commissioner Hay seconded the motion. The motion passed unanimously. RJ Ramirez, Manager, Community Improvement, said that this item is asking for authorization from the City Commission to utilize $236,500 to rehabilitate a property belonging to a low-income Veteran here in Boynton Beach. He stated that he is asking for authorization from the Commission because the dollar amount is above the Statehouse Partnership Program (S.H.I.P.) allowable amount of $95,000. Vice Mayor Turkin said that he pulled this item because it is a good story to share. He stated that this is a disabled Veteran who served our Country. He mentioned that Mr. Hart, Community Standards, was a big component of the project. He commended both Mr. Ramirez and Mr. Hart for thinking of those who have served. He commented that we hear a lot of negativity, and it is important to illuminate the positive impacts that we do here at the City of Boynton Beach. Mr. Ramirez said that Habitat for Humanity has worked very hard with partners in the Community to be able to bring this project to a very low cost, and with some donations, was to be able to get the Veteran back in his house. City Manager Dugger said that it is also important to recognize Commissioner Cruz, who has worked tirelessly behind the scenes for a very long time to make sure this individual received the help he needed. Commissioner Cruz thanked Staff. She said that Mr. Ramirez did a fantastic job, as well as Habitat for Humanity. Commissioner Kelley said that when she was at Palm Beach County Days she had 8 City Commission Meeting Boynton Beach, FL January 16, 2024 the opportunity to speak with Jennifer from Habitat for Humanity. She said that Habitat is extremely excited to be part of this project, and that there has been a lot of donations and a lot of people have jumped in to help. She stated that Jennifer wants to make sure that after all the repairs are done, that this house if fully functional and useful. Motion: Commissioner Cruz moved to approve Proposed Resolution No. R24-012. Vice Mayor Turkin seconded the motion. The motion passed unanimously. Proposed Resolution No. R24-013- Approve and authorize the Mayor to sign the 7. Consent Bids and Purchases over$100,000 A. Proposed Resolution No. R24-016- Approve the purchase in the amount of$1,350,000 for Ion Exchange Resin from Ixom Watercare, Inc. as a sole source purchase, and authorize the City Manager to execute all contract documents necessary to complete the purchase, subject to review for legal sufficiency by the City Attorney's Office. B. Proposed Resolution No. R24-017- Approve and authorize the City Manager to sign a First Amendment to the Master SaaS agreement with AssetWorks, Inc., for the purchase and installation of additional modules and services, increasing the contract price by an amount not to exceed $446,940, and authorizing the City Manager to sign any ancillary documents necessary to implement the amendment. C. Proposed Resolution No. R24-018- Approve the purchase of five (5) vehicles for replacement and one (1) new equipment asset, which are scheduled in the FY2023/2024 budget, by utilizing the Florida Sheriffs Association Contract FSA23-VEL31 .0, the Florida Sheriffs Association Contract FSA23-EQU21.0, Sourcewell Contract 2024 09152-NAF 060920, and the Florida State Contract- DMS No. 22100000-21-STC, for an estimated total amount of $395,670.21, plus a contingency of twenty-two percent (22%) for vehicle increases, should these vehicles no longer be available and new models be delivered, and authorize the City Manager to execute all documents necessary to effectuate the purchases. Motion: Commissioner Cruz moved to approve the Consent Bids and Purchases over$100,000. Commissioner Kelly seconded the motion. The motion passed unanimously. 8. Public Hearing 9 City Commission Meeting Boynton Beach, FL January 16, 2024 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. Mayor Penserga said regarding Items 8A-C that he has had any ex-parte communication with Aimee Carlson, Andrew Maxey and Matthew Barnes with the Pulte Group has received written communication from Andrew Maxey, 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 Cruz said regarding Items 8A-C that she has not 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. She requested that these disclosures and all written communications be made a part of the record. Vice Mayor Turkin said regarding Items 8A-C that he has had any ex-parte communication with Aimee Carlson, Andrew Maxy, and Matthew Barnes from the Pulte Group has received written communication via email, 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 Hay said regarding Items 8A-C that he has not 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 regarding Items 8A-C that she has not 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. She requested that these disclosures and all written communications be made a part of the record. Deputy City Clerk Stanzione swore in those intending to speak. A. Proposed Ordinance No. 24-001- First Reading and public hearing- An ordinance of the City of Boynton family residential (r-2)to Infill Planned Unit Development (IPUD); providing for conflicts, severability, and an effective date. Deputy City Clerk Stanzione read the item into the record. 10 City Commission Meeting Boynton Beach, FL January 16, 2024 Matthew Barnes, Senior Project Manager with WGI, stated that he is here on behalf of the applicant Pulte homes. He introduced his team that was with him and gave a presentation on the project. Andrew Meyer, Sr. Planner, presented the Cottage District requests. Mayor Penserga opened public comment, and no one came forth. He closed public comment. Commissioner Kelley inquired if the homes come equipped with Electric Vehicle (EV) charging stations. Mr. Barnes replied that the garages will be equipped like any normal garage with a standard 120 volt, not a level 2 charger. Commissioner Hay inquired about the recommendation to eliminate the ev charging stations. Mr. Meyer said that it is a requirement of this type of project. He mentioned that another goal of the City is to provide diverse choice of housing. He stated that within the City Code in workforce housing portion, there is provision that states if a requirement would preclude the construction of any affordable housing, that a waiver could be sought for the project. He said that the City does not have a waiver process which is why they brought this to the Commission as a variance. Amanda Radigan, Director of Planning & Zoning, said that the important distinguishing factor is that this is a combination multi-family and single-family. She stated that if you were building any other single-family development, it would not be required to install EV charging stations. She mentioned that each owner would have the ability to put in their own EV charging station. Commission Hay inquired if an EV charging station could be put in at a later date. Ms. Radigan said that it becomes complicated when there is a Home Owners Association involved. She stated that each one of the home owners would opt to use their own if they had one, and that one public EV charging station would cause issues amongst the home owners. Commissioner Cruz said that she has seen people fighting each other for EV charging stations, it is a legitimate concern. She inquired about how many properties will not have a garage. Mr. Meyer replied that every unit will have a garage. 11 City Commission Meeting Boynton Beach, FL January 16, 2024 Commissioner Cruz stated that she is comfortable with the variance knowing that all units will have a garage. She said that any development that does not have garages she would not be in favor of. Ms. Radigan stated that one of the conditions of approval we have in place is that garages can not be used for storage. Vice Mayor Turkin said that he approves the variance. He noted that the code we have that allows the flexibility of variance for workforce housing options, seems to be pretty broad. He stated that is something we as a Commission need to embody and find out what those variances are going to look like, and identify what the crucial and severe needs of the community are right now. He said that with the rapid migration to south Florida, he thinks it is important to have that focus to be business friendly and make sure that we are partnering with the private sector, to make sure we can provide workforce housing for everybody. He asked if there is a way for the homeowners or the future homeowners, to tailor some of the color schemes. He said that they previously discussed more of a coastal theme, and that gray is not a coastal color. Aimee Carlson, Pulte Homes, said that there are actually 6 different color schemes, and that she does not anticipate that the buyers would be selecting the colors. She stated that because this is a workforce housing project, and through negotiations with the CRA a process was laid out. She mentioned that in the future after the project is complete, the HOA will be regulating the color schemes. Motion: Vice Mayor Turkin moved to approve Ordinance No. 24-001. Commissioner Hay seconded the motion. In a roll call vote, the motion passed unanimously. B. Approve request for a Variance (ZCVL-2023.06.4139) from Part III, Chapter 4, Article XIII, Section 2 Required Sustainable Development Standards (Table 2-1) Electric Charging Stations requirement for the Pulte Cottage District, generally located between NE 5th Ave and NE 4th Ave, and between Seacrest Blvd and NE 1st St. Applicant: Aimee Carlson, Pulte Group. Deputy City Clerk Stanzione read the item into the record. Motion: Commissioner Cruz moved to table Item 8B to the next City Commission Meeting. Vice Mayor Turkin seconded the motion. Motion passed unanimously C. Approve request for New Master Plan and New Site Plan (NMP, NWSP- 2023.06.4139) for the Pulte Cottage District for 19 single-family units and 12 City Commission Meeting Boynton Beach, FL January 16, 2024 22 townhome units, property generally located between NE 5th Ave and NE 4th Ave, and between Seacrest Blvd and NE 1st St. Applicant: Aimee Carlson, Pulte Group. Deputy City Clerk Stanzione read the item into the record. Motion: Commissioner Cruz moved to table Item 8C to the next City Commission Meeting. Commissioner Kelley seconded the motion. Motion passed unanimously 9. City Manager's Report A. Presentation by the Planning, Zoning and Economic Development Department. A presentation on the Department and current projects was given by the Planning, Zoning and Economic Development staff. Commissioner Cruz inquired if the one stop shop is still being worked on. John Durgan, Economic Development Manager, replied that they are in the process of identifying the best physical location. He said that they are putting together a resource guide that people can take with them. Commissioner Cruz inquired if the resource guide is ready. Mr. Durgan replied that they are working on the final draft. Ms. Radigan said that they are hoping to have it ready by the end of the week or the beginning of next week. Vice Mayor Turkin said that he is excited about the resource guide. He stated that it is important to have the one stop shop. Commissioner Kelley thanked the staff and the City Manager for taking advantage of this section of the agenda to highlight the City Departments. She said that it is important for the residents to hear what is going and how things work in the City. She stated that she is happy that something is going to be done with vacant store fronts. She commented that she noticed that the store fronts where the new businesses are going in, they have advertising coverage on the windows and it really catches your eye as opposed to you just looking into vacant space. Mayor Penserga commended the Department for the great job they are doing and to keep up the good work. 13 City Commission Meeting Boynton Beach, FL January 16, 2024 10. Unfinished Business 11. New Business A. Presentation by staff and discussion regarding annexation options and procedures. Ms. Radigan gave a presentation on annexation options and procedures. Commissioner Kelley inquired if there were any commercial properties that would be annexed. She said that commercial property would benefit the City on the tax side, but would not impact the City as much on City services, unlike residential property. Ms. Radigan said that would have to do a zoning and land use amendments concurrent with that annexation. She said that the County and the State do not look highly on cherry picking they do not want to lose the tax base and have the cost of the residential areas. She said that it tends to cause some complications during the process it is usually a balance of both. She said that if we take commercial property we have to take the adjoining residential property. Commissioner Kelley asked what would be the con to not evaluate the feasibility of zone x. Ms. Radigan replied that a lot of this will be a strategy for the City. She said that if we move forward with the annexation of the "a" areas only, it does reduce our ability to annex some of the other areas. She stated that the City could coordinate with the County and enter into an Interlocal Service Area Boundary (ISBA) and that since the City is already providing utilities, it is essentially an annexation plan. She stated that the City currently has a certain percentage under voluntary, and that if the City annexed them before we do an ISBA we lose the opportunity to annex the "x" areas. She commented that through the feasibility analysis we will be reviewing some of those strategies and ways to move forward which may be most advantageous. Commissioner Kelley clarified that Staff recommends to do a feasibility on both zones, so that we can look at the big picture. Ms. Radigan said that each subarea will be their own mini analysis, and it will enable Staff to piecemeal in different configurations. She noted that this analysis requires time from staff. Commissioner Kelley asked what is the time frame. Ms. Radigan replied a minimum of four months, comfortably five to six months. 14 City Commission Meeting Boynton Beach, FL January 16, 2024 Commissioner Hay stated that he has been speaking about annexation for quite some time. He said that the City of Boynton Beach has financial and space constraints and that one of the ways to come out from under all the constraints, would be to annex properties around us. He mentioned that you presented us with four different annexation methods, we need to look at all of them so, we can make the best intelligent decision based on the information presented by your group. Vice Mayor Turkin said that this a great idea. He stated that they always talk about project they want to do and there is a budget shortfall every time. He mentioned that a lot of funds the City receive recently are injections, they are not sustainable revenue. He commented that he is the biggest cheerleader to move forward and look at this cost benefit analysis. He said that we can annex these great properties but if the service cost is more, then we are shooting ourselves in the foot. He state that he needs to see what is the profitability in doing this. Commissioner Cruz stated that she is in favor of doing the research on both and doing the cost benefit analyst. Mayor Penserga suggested that staff look at other cities who have gone through this process, were there any hidden expenditures that may not be captured in a typical cost benefit analysis. Commissioner Cruz recommended that Staff take time doing this and not rush. She said that this could be a great opportunity to have more revenue for the City. B. Discussion on Commission attending Congressional League of Cities Conference in March 11 to 13 in Washington DC. Vice Mayor Turkin said that the event is two months out and if anyone wants to go it is not a last-minute decision. He stated that he highly recommends attending and that he plans on going. Commissioner Cruz stated that she will not be attending the Conference. Commissioner Hay stated that he will be attending the Conference. Commissioner Kelley said that she has to look at her home calendar, but that it is something she wants to do. Mayor Penserga stated that hopefully he will be able to attend this year. 15 City Commission Meeting Boynton Beach, FL January 16, 2024 12. Legal A. Proposed Ordinance No. 24-002- First Reading- An Ordinance of the City of Boynton Beach, Florida repealing Sections 2-5, 2-6, and 2-7 of the City Code of Ordinances; creating a new Article in Chapter 2, Administration, Article 6, entitled "City Attorney;" providing for codification, severability, conflicts; and providing for an effective date. Motion: Commissioner Cruz moved to table Item 12A Proposed Ordinance No. 24-002- First Reading. Commissioner Hay seconded the motion. The motion passed unanimously. 13. Future Agenda Items A. Discussion regarding regulations to support local businesses. - January 16, 2024 B. Presentation by staff and discussion regarding annexation options and procedures. - January 16, 2024 C. Presentation by Utilities Department on project to review existing utility infrastructure, development of risk matrix, and prioritization of repairs and/or replacement projects - February 6, 2023 D. Provide update on grant funded projects in the Capital Improvement Plan - February 6, 2024 E. Discussion regarding existing regional programs and best practices to combat homelessness in the City. - March 19, 2024 F. Discussion regarding the Art Assessment Fee being allocated to infrastructure instead of public art. - TBD G. Discussion regarding combining City properties together to create senior affordable housing. — TBD 16 City Commission Meeting Boynton Beach, FL January 16, 2024 14. Adjournment Motion: Commissioner 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 8:54 P.M. 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