Minutes 04-02-24 City Commission Meeting Minutes
Boynton Beach, FL April 2, 2024
Mayor Penserga asked about the sealant spray and if this could be handled by
management.
City Manager Dugger stated that this was approved by Commission, and that we were
unaware about the damaging affect, but that he is not sure there needs to be a vote by
Commission to have the vendor stop. He confirmed that they will connect with the vendor.
Mayor Penserga stated that he is open to a discussion on the first issue raised by Vice
Mayor Turkin.
There was consensus to add this item to the future agenda.
Mayor Penserga asked for an overview of the beautification plan to be added as well.
2. Adoption
Motion:
Commissioner Kelley moved to approve the agenda, as amended. Vice Mayor Turkin
seconded the motion. The motion passed unanimously.
2. Other
A. Informational items by the Members of the City Commission.
Commissioner Cruz stated that she attended the Florida Bike Month Event with the TPA,
and she had a great time.
Commissioner Hay mentioned that he also attended the Florida Bike Month Event. He
said that he attended the National League of Cities in Washington DC and received a lot
of information. He spoke about Form 6 and noted that we need to speak about it. He
mentioned representing the City at the Unity Meeting with the Coalition of Clergy.
Commissioner Kelley thanked staff for their help with the Town Hall that they assisted her
with.
3. Announcements, Community and Special Events and Presentations
A. Career Online High School Graduate - Certificate of Achievement.
Tiffany Pagan, Assistant Library Director, provided an overview of the program.
Noemi Casanova thanked the City of Boynton Beach for helping her accomplish this goal.
Crystal Richardson thanked the City of Boynton Beach for this program.
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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, April 2, 2024, at 6:00 P.M.
Present:
Mayor Ty Penserga Daniel Dugger, City Manager
Vice Mayor Thomas Turkin Shawna Lamb, City Attorney
Commissioner Angela Cruz Maylee De Jesus, 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
City Clerk Maylee De Jesus called the roll. A quorum was present.
Invocation by Pastor Jeff Kelly, First Boynton Baptist.
The Invocation was given by Pastor Kelly.
Pledge of Allegiance to the Flag led by Commissioner Aimee Kelley.
Commissioner Kelley led the Pledge of Allegiance.
Agenda Approval:
1 . Additions, Deletions, Corrections
Mayor Penserga requested to remove Item 6H from the Consent Agenda.
Vice Mayor Turkin requested to add the following to Future Agenda: Restrictive Covenant
for Harvey Oyer Park; vegetation overgrowth and hanging limbs in Chapel Hill
neighborhood; and stopping the use of sealant spray on roads.
Mayor Penserga said that issues#2 and #3, should be covered under Code Enforcement.
Vice Mayor Turkin stated that it is not covered.
Deputy City Manager Temple stated that to enforce this, they would have to make
changes to the Codes.
Commissioner Kelley asked for a draft proposal at the next meeting.
City Commission Meeting Minutes
Boynton Beach, FL April 2, 2024
B. Proclamation- Women's History Month.
Commissioner Cruz read the proclamation into the record. She presented the
proclamation to the Women's Chamber of Commerce of Palm Beach County Members.
C. Announcement- Art and Autism Artist Reception.
Mayor Penserga read the event into the record.
D. Announcement- 2024 Earth Day Celebration
Mayor Penserga read the event into the record.
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)
Dr. Piotr Blass stated that he spent the whole day in the library and we have the best library
in the state. He said that he would like to remind everyone that he is running for Mayor. He
mentioned that we are making plans to obtain green energy from water mills in the gulf
stream. He spoke about the Kinetic Event that we have and said that the Kinetic sculpture
has been not working for 3 months, and he would like for it to be fixed.
Susan Oyer stated that the Kinetic sculpture is not unique and there is no way to repair it,
and we need to sell it. She mentioned that we are putting some kind of brochure together,
and that three right turn only lanes should be included on there. She said that she would
like to know what the status on the blue lights, as she believes they cause cancer. She
thanked Rally Boynton and said that she had a great time fixing up the Fraternal Order of
Eagles. She expressed embarrassment that we are putting a strategic plan together without
asking for information from the residents.
Harry Woodworth stated that he would like to thank them for the strategic plan, and all the
work that was put towards it. He said that there has been no input or discussion on it for
the residents, and it is sad.
Cindy Falco DeCorrado stated that she would like to discuss violations from the
Commission, and them not following their own rules on decorum. She said that she endured
being attacked by a Police Officer, and that it was a hate crime against her. She stated that
Kevie Defranc is using his mom's address, and that Ms. Romelus is going to run for Mayor
too.
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Kevie Defranc stated that he is running for District 3 and he has lived there his whole life.
Dakmara Gonie said that the Commissioners are public servants, and that they are to
uphold their oath that they swear to. She stated that they are violating their oath and
committing treason. She spoke about the "violation" against Ms. DeCorrado at the last
meeting.
Cameron [no last name provided] stated that his main concern are roadways, NE 1st going
down NE 2nd, and 18th Avenue and NE 17th Court. He said that he filed a request with
Public Works, but they are overwhelmed, so he is here to ask for help from the Commission.
Anita Gabriel, read a biblical passage into the record. She spoke about mental health
awareness.
Ernest Mignoli stated that he attended an open public meeting at the Police Department,
where Commissioners spoke to people about everything going on at the City. He spoke
about the Officers not being allowed to chase anyone unless they commit a crime, and
about the SJ case. He said that he does not receive replies from anyone.
5. Administrative
A. City Commission to appoint a Vice Mayor to serve until March 2025.
Mayor Penserga thanked Vice Mayor Turkin for his year as Vice Mayor.
Motion:
Vice Mayor Turkin moved to nominate Commissioner Kelley as Vice Mayor.
Commissioner Hay seconded the motion. The motion passed unanimously.
Mayor Penserga congratulated Vice Mayor Kelley.
B. Ratify Selection of Library Advisory Board Chair and Vice-Chair.
Motion:
Commissioner Hay moved to approve ratify the selection of Stephanie Colalianni as
Board Chair, and Joel Barsky as Vice Chair. Vice Mayor Kelley seconded the motion.
The motion passed unanimously.
C. Proposed Resolution No. R24-052- Appoint a City Commission representative
and alternate to the Countywide Intergovernmental Coordination Program.
Vice Mayor Kelley said that she would like to stay on this board.
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Motion:
Vice Mayor Kelley moved to nominate herself, Vice Mayor Kelley, as representative to
the Countywide Intergovernmental Coordination Program. Commissioner Turkin
seconded the motion. The motion passed unanimously.
Motion:
Commissioner Cruz moved to nominate herself, Commissioner Cruz, as alternative
representative to the Countywide Intergovernmental Coordination Program. Vice Mayor
Kelley seconded the motion. The motion passed unanimously.
D. Proposed Resolution No. R24-053- Appoint a City Commission representative
and alternate to the Coalition of Boynton West Residents Association
(COBWRA).
Motion:
Commissioner Cruz moved to nominate Commissioner Hay as the regular
representative to the Coalition of Boynton West Residents Association (COBWRA), and
herself, Commissioner Cruz, as the Alternate. Commissioner Hay seconded the motion.
The motion passed unanimously.
E. Proposed Resolution No. R24-054- Appoint a City Commission representative
and alternate to the Palm Beach County League of Cities.
Motion:
Commissioner Hay moved to nominate himself, Commissioner Hay, as the regular
representative, and Commissioner Turkin as the alternate, to the Palm Beach County
League of Cities. Commissioner Turkin seconded the motion. The motion passed
unanimously.
F. Proposed Resolution No. R24-055- Appoint a City Commission representative
and alternate to the Transportation Planning Agency (Formerly known as the
MPO, Metropolitan Planning Organization).
Motion:
Commissioner Turkin moved to approve Commissioner Cruz as the regular
representative, and Vice Mayor Kelley, to the Transportation Planning Agency. Vice
Mayor Kelley seconded the motion. The motion passed unanimously.
G. Advisory Board Appointments.
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Motion:
Mayor Penserga moved to approve Megan Wilkinson as a Student Member to the
Education and Youth Advisory Board. Vice Mayor Kelley seconded the motion. The
motion passed unanimously.
Motion:
Mayor Penserga moved to approve Phyllis Pacilli as a regular member to the Recreation
and Parks Board. Commissioner Turkin seconded the motion. The motion passed
unanimously.
Commissioner Turkin recommended that they consider starting a Beautification
Board.
Mayor Penserga noted that it was a great suggestion and warrants a further
discussion.
Mayor Penserga asked the Commissioners to keep track of their schedules so if they
are unable to attend a meeting, that staff can send the alternate.
6. Consent Agenda
A. FY23-24 First Quarter Schoolhouse Children's Museum Report.
B. Proposed Resolution No. R24-056- Adoption of the 2023-2028 Strategic
Plan for the City of Boynton Beach.
C. Proposed Resolution No. R24-057- Approve and authorize the City
Manager to sign Amendment No. 4 to the Grant Agreement S0853 from
the Florida Department of Environmental Protection (FDEP), Division of
Water Restoration Assistance, in the amount of $300,000 for the
Oceanfront Park Wastewater Treatment Plant Upgrade project.
D. Proposed Resolution No. R24-058- Approve the temporary lane closures
in the 2000 Block of State Road 5 (Federal Hwy) - 700 feet of the right lane
heading Northbound and 400 feet of the left lane heading Southbound on
Thursday, July 4, 2024 for the annual 4th of July event, and authorize the
City Manager, or designee, to apply for the State permit for the temporary
road closure.
E. Proposed Resolution No. R24-059- Authorize the City Manager to apply to
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the Waterways Assistance Program Grant offered by the Florida Inland
Navigation District, accept the grant, and execute all future documents
associated with the grant subject to the approval of the City Attorney.
F. Proposed Resolution No. R24-060- Amend Fund 632, by utilizing $65,000
from fund balance for land surveying, professional planning, landscaping,
architectural and engineering services at the Sara Sims Memorial
Gardens/Cemetery Expansion project. Fund will be amended from
$82,000 to $147,000 in both revenues and expenditures respectively.
G. Proposed Resolution No. R24-061- Approve and authorize the City
Manager to sign the proposed utility easement between "Seventy-Eight
Hundred Coral Limited Partnership, a Florida Limited Partnership" (the
"Grantor") and the City of Boynton Beach (the "Grantee") for the
construction, operational repair, maintenance, and future replacement of a
sanitary sewer lift station.
H. Proposed Resolution No. R24-062- Approve Amendment No. 1 to Task
Order UT-2D-05 with Calvin, Giordano & Associates, Inc., in the amount of
$52,333 for professional engineering services required for the design of a
12" water main for future service to the Town of Gulfstream.
I. Proposed Resolution No. R24-063- Approve and authorize the City
Manager to sign an LED Lighting Agreement between the City of Boynton
Beach " hereinafter called the Customer" and Florida Power & Light
"hereinafter called FPL" for the installation or modification of lighting
facilities on South Federal Highway.
J. Proposed Resolution No. R24-064- Approve a Landscape Maintenance
Memorandum of Agreement with the Florida Department of Transportation
for the maintenance of the new landscape median due to the proposed
pedestrian crosswalk between the Boynton Beach Senior Center and the
Women's Club.
K. Proposed Resolution No. R24-065- Affirming he prior surplus declaration
for the property located at 2191 North Seacrest Boulevard (PCN 08-43-45-
16-01-027-0010) and declaring the property located at NW 22nd Ave.
(PCN 08-43-45-16-01-027-0020) as surplus in accordance with Section 2-
56, City of Boynton Beach Code of Ordinances; approving and authorizing
the Mayor to sign a revised Purchase Agreement between the City of
Boynton Beach and Florida Department of Transportation as sale in lieu of
condemnation for the properties located at 2191 North Seacrest Boulevard
and NW 22nd Ave.
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L. Proposed Resolution No. R24-077- Approve State Forfeiture Donation of
$15,000 - Law Enforcement Trust Fund to the Boynton Beach Police
Athletic League, Inc, a Florida not-for-profit corporation.
M. Proposed Resolution No. R24-066- Authorize the City Manager to submit
a scope of work for the Neuroprotective CPR (NP-CPR) Project offered by
the Florida Department of Health, and if accepted, enter into an Agreement
with FDOH and accept the funding reimbursement, subject to the approval
of the City Attorney.
N. Proposed Resolution No. R24-067- Authorize the City Manager to apply
for the Staffing for Adequate Fire and Emergency Response Grant 2023
(SAFER) offered by the Department of Homeland Security, accept the
grant, and execute all future documents associated with the grant that do
not increase the City's financial obligations, subject to the approval of the
City Attorney.
0. Proposed Resolution No. R24-068- Authorize the City Manager to apply
for the Fire Prevention & Safety Grant Program offered by the Department
of Homeland Security, accept the grant, and execute all future documents
associated with the grant, subject to the approval of the City Attorney.
P. Proposed Resolution No. R24-069- Approve the purchase of Dell
workstations, Monitors, and accessories from Dell Marketing LP of Round
Rock, TX using the State of Florida Alternate Contract No. 43210000-23-
NASPO-ACS in an amount not to exceed $92,000. This contract complies
with the competitive bidding process set forth in the City's Procurement
Policy.
Q. Proposed Resolution No. R24-070- to Amend the FY23-24 Budget to add
$50,000 to Golf Course Special Events Expense Line Item from the Fund
Balance. Adopted Revenues and Corresponding expenditures will be
moved from $2,772,343 to $2,822,343.
R. Approve renewal report for one-year extension for RFPs/RFQs/ Bids
and/or Piggyback for the procurement services and/or commodities under
$100,000 as described in the written report for March 19, 2024 - "Request
for Extensions and/or Piggybacks."
S. Commission Meeting Minutes.
Item 6H was removed from the agenda at the beginning of the meeting.
Commissioner Cruz requested to postpone Item 6B, to solicit public input.
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Motion:
Commissioner Cruz moved to approve the consent agenda, as amended. Vice Mayor
Kelley seconded the motion. The motion passed unanimously.
6B. Proposed Resolution No. R24-056- Adoption of the 2023-2028 Strategic
Plan for the City of Boynton Beach.
Commissioner Turkin clarified that there were public forums and opportunities to
provide feedback, but he stated there is no harm in requesting more input from
residents.
Mayor Penserga stated that he is not opposed to a workshop but noted that they can
solicit public input at a regular Commission meeting as well.
City Manager Dugger added that they would also need to coordinate with the
consultant's schedule as well.
Commissioner Cruz stated that if we add it to a future meeting, we can get public
comment and wait for the consultant to make changes.
Vice Mayor Kelley clarified what the request is, table the presentation to May 7th, and
then bring back the changed resolution to the following meeting.
Mayor Penserga asked for an appropriate motion.
City Attorney Lamb said that you can table it pending further discussion or it strike it.
Motion:
Commissioner Cruz moved to table Proposed Resolution No. R24-056 until further
notice. Vice Mayor Kelley seconded the motion. The motion passed unanimously.
7. Consent Bids and Purchases over $100,000
A. Proposed Resolution No. R24-071- Approve and Award Bid for Task Order
No. SW-17-2024 and Issuance of Purchase Order to Johnson-Davis, Inc.,
in the amount of $298,425, for utility construction services for gravity
sanitary sewer point repairs at 211 NE 26th Avenue, 518 SW 18th Street,
and 2839 SW 6th Street.
B. Proposed Resolution No. R24-072- Approving Task Order No. WP-18-
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2024 for 1 Million Gallon Storage Tank & West Water Treatment Plant
Pump Control Valves Replacement with Florida Design Drilling
Corporation in an amount not to exceed of $207,025.
C. Proposed Resolution No. R24-073- Approve and Award Bid and Issuance
of Purchase Order to Inliner Solutions, LLC for the Boynton Lakes Blvd. -
Golfview Harbor Cure-In-Place Pipe Lining Project.
D. Proposed Resolution No. R24-074- Approve he purchase of SCADA
Cybersecurity server equipment and software in an amount not to exceed
$135,000, utilizing the piggyback of the Omnia Contract No. R200803,
previously approved by the Commission on September 5, 2023.
E. Proposed Resolution No. R24-075- Approve and Authorize the City
Manager to sign an Amendment to the Progressive Design Build
Agreement with Foster Marine Contractors in the amount of$2,110,026.69
for the Town of Hypoluxo Septic to Sewer Project - Phase 2 to proceed
with the construction and approve a Utility Capital Improvement Fund (404)
budget transfer based on the Guaranteed Maximum Price negotiated for
the construction phase of the Progressive Design Build project.
F. Proposed Resolution No. R24-076- Approve a Piggyback Agreement with
Carahsoft Technology Corporation utilizing the Region 4 Education
Services Center (ESC) Contract No. R191902, and authorize the City
Manager to sign the agreement to purchase cyber security protection
software and support from the Carahsoft "reseller" vTECHio in an amount
not to exceed $166,437.72.
Commissioner Cruz requested to pull Item 7C.
Motion:
Commissioner Hay moved to approve the remainder of Consent Bids and Purchases
over $100,000. Vice Mayor Kelley seconded the motion. The motion passed
unanimously.
7C. Proposed Resolution No. R24-073- Approve and Award Bid and Issuance
of Purchase Order to Inliner Solutions, LLC for the Boynton Lakes Blvd. -
Golfview Harbor Cure-In-Place Pipe Lining Project.
Dr. Poonam Kalkat, Utilities Director, stated that this project is to line the pipes that
are in the areas, and this would not require an open cut.
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Commissioner Cruz asked if there will be disruption. Dr. Kalkat replied that there will
be little disruption, and they will begin when approved.
Motion:
Commissioner Cruz moved to approve Proposed Resolution No. R24-073 to further
notice. Commissioner Hay seconded the motion. The motion passed unanimously
8. Public Hearing
6 p.m. or as soon thereafter as the agenda permits.
The City Commission will conduct these public hearings in its dual capacity as
Local Planning Agency and City Commission.
A. Approve Development Order for request for a Community Design Appeal
(CDPA - 2023.11 .79573) for Town North Parcel of Part III, Chapter 4,
Article III, Section 6.F.2.d of the Land Development Regulations, which
requires the integrated parking garage to be wrapped by habitable floor, to
allow the south facade of the garage to not be wrapped with habitable floor
area.
City Clerk De Jesus swore in all those intending to speak.
Mayor Penserga asked for ex-parte communication for all related items.
Commissioner Hay said regarding Items 8A-D 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.
Mayor Penserga said regarding Items 8A-D 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 Turkin said regarding Items 8A-D that he has not had any ex-parte
communication, has received written communication from a resident, 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.
Vice Mayor Kelley said regarding Items 8A-D that she has not had any ex-parte
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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.
Commissioner Cruz said regarding Items 8A-D that she has had ex-parte
communication with residents, 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.
City Clerk De Jesus read the titles of 8A-D.
Jae Eun Kim, Planning and Zoning, spoke about the following: History of Town
Square; and Town Square Master Plan.
Bradley Miller, Time Equities, Inc., stated that our staff has been incredible assisting
them with this. He spoke about the following: Town Square- Master Plan; Time
Square North; picture of ground level floor in the North side; picture of perimeter of
the North side; variance on the North side; Community design appeal; height
exception on North side; picture from the street view on Boynton Beach Blvd.; looking
Northwest- 1st St. & 1st Avenue; picture from the corner of Boynton Beach and
Seacrest; and modifications to conditions.
Ms. Kim stated that staff supports the modification requests.
Mayor Penserga opened to public comment.
Dr. Piotr Blass stated that this is the heart of our City, and he would like to have this
land for the University of Boynton Beach, and he would like to speak in opposition to
this project. He explained what he would like to see in this space.
Susan Oyer stated that she has been looking forward to a nice project here. She
asked if we could stop violating our charter and allow buildings over 45 feet. She said
that she does not like to see apartments going in, and there should be big ticket jobs
being put in here. She acknowledged that Mr. Miller does an amazing job, but there
is nothing about this that says ocean or Boynton Beach.
Jim Knight stated that he was born and raised here, and that he is a property owner
here. He spoke about the history of what happened with this property and said that
he is excited for this to come here and he likes this architecture. He asked about the
timing on Boynton Beach Blvd getting fixed, and about the timing for the project.
Kevie Defranc asked how many workforce housing units are being proposed.
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Steve Muckervan stated that he is concerned about apartments around here, and it
would be wiser to put in condos or single-family homes.
Cameron Maharaj asked what do the residents gain from this when there are
apartments. He spoke about affordable housing units.
Bradley Miller stated that the Boynton Beach Blvd. project should start in December
and will take 18+ months. He spoke about the timing on the North parcel, and about
the variables. He said that the north parcel would follow after the south parcel, which
he hopes to start in 2025. He noted that there will be 122 housing units.
Ms. Radigan stated that they will be participating in paying in the housing trust fund
that will be used towards workforce housing.
Commissioner Hay stated that there were some cutouts on Boynton Beach Blvd., and
asked if there was just one.
Mr. Miller said that there are three, but they do not know what the number are until
they have tenants. He spoke about the width of the sidewalks to allow for function on
the sidewalk.
Mr. Singer stated that they are excited because people like being outside. He spoke
about the on-street seating and shade, and logistics that will attract the good
restaurants.
Commissioner Hay asked if there will be any type of canopy.
Mr. Singer showed the picture that shows the seating area.
Commissioner Hay asked about how far back the seating is.
Mr. Miller said that it is about 40-45 feet deep, to adhere to code.
Commissioner Turkin thanked them for not going too dense and thanked them for
their commitment to the City. He spoke about the funds that they will be bringing into
the City. He asked about the commercial tenants and what they are looking at, to fill
those spaces.
Mr. Singer stated that Casa Mara is a good example of what they are thinking about
for here. He said that they spoke to the community to see what they wanted, and with
Casa Mara they went out to seek some of the types of places that the community
wants, and they will do the same for this property.
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Commissioner Turkin asked about the public parking, and the lease agreement with
Time Equity.
Mr. Singer spoke about the 100-year lease, and the parking spaces that are in the
agreement.
Ms. Radigan spoke about the parking lease in the different garages.
Mr. Singer said that building structure parking is pricey everywhere, but this is the
deal, which is on top of everything else the City is getting from this deal.
Commissioner Turkin stated that this is a great investment, and he has good faith
with his constituents, and he must make sure that he represents them.
Mr. Singer said that it does not help anyone when land just sits. He mentioned the
requirements that were given to them, and where they are at right now in the process.
Commissioner Cruz spoke about the changes of the proposed commercial space.
Ms. Radigan went over the changes from the beginning of the process to now, with
negotiations.
Mr. Singer stated that the two buildings will bring up the commercial space, to about 28K
square feet of commercial space. He spoke about complying with all the regulations.
Commissioner Cruz commended the Board for being able to pass a minimum commercial
frontage.
Mr. Singer spoke about the changes that they made to the depth, height, frontage for the
property.
Motion:
Commissioner Cruz moved to approve CDPA-2023.11.79573. Commissioner Hay
seconded the motion. In a roll call vote, the motion passed 4-1 , with Commissioner Turkin
dissenting.
B. Approve Development Order request for a Height Exception (HTEX -
2023.11 .79573) for Town Square North Parcel to allow the peak of
architectural tower features of Town Square North Parcel mixed use
project, to be constructed at 106'-10", 7'-10" above the maximum allowable
height of 99 feet in the MU-3 (Mixed Use - 3) zoning district with
participation in the City's Workforce Housing Program.
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Motion
Commissioner Hay moved to approve HTEX-2023.11.79573. Vice Mayor Kelley
seconded the motion. In a roll call vote, the motion passed 4-1, with Commissioner Turkin
dissenting.
C. Approve the Development Order for the request for a Variance (ZNCV
2023.11 .79573) for Town Square North Parcel from Footnote 3 of Table 3-
22, defined in Part III, Chapter 3, Article III, Section 5.C.1 of the Land
Development Regulations, requiring the building height to be a maximum
of 45 feet on any street frontage, to allow the south side of the parking
garage, which is 82'-10" in height, to be situated within the street frontage.
Motion
Commissioner Hay moved to approve ZNCV-2023.11.79573. Commissioner Cruz
seconded the motion. In a roll call vote, the motion passed 4-1, with Commissioner Turkin
dissenting.
D. Approve Development Order for request for Major Site Plan Modification
for Boynton Beach Town Square North Parcel (MSPM - 2023.11.79573) to
construct 433 multi-family residential units, 16,908 square feet of
commercial areas, associated recreational amenities, and a parking
garage on a 3.7-acre site in the MU-3 (Mixed Use 3) zoning district.
Motion
Commissioner Kelley moved to approve MSPM-2023.11.79573. Commissioner Hay
seconded the motion. In a roll call vote, the motion passed 4-1, with Commissioner Turkin
dissenting.
E. Approve Development Order request for Town Square South Parcel
Community Design Appeal (CDPA - 2023.11.79608) of Part III, Chapter 4,
Article III, Section 6.F.2.d of the Land Development Regulations, which
requires the integrated parking garage to be wrapped by habitable area, to
allow the north facade of the garage to not be wrapped with habitable area.
Vice Mayor Kelley said regarding Items 8E-G 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.
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Commissioner Hay said regarding Items 8E-G 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.
Mayor Penserga said regarding Items 8E-G 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 Turkin said regarding Items 8E-G that he has not had any ex-parte
communication, has received written communication, has not conducted an
investigation, has made a site visit by walking by it every day, 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 8E-G 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.
City Clerk De Jesus read 8E-G into the record.
Commissioner Turkin left the dais at 8:15 P.M.
Mr. Miller spoke about the following: Town Square South; picture of the ground site
plan; picture of spaces for the south parcel; community design appeal for south
building; height exception; looking southwest SE 1st Avenue and SE 1st Street;
looking northeast- Seacrest Blvd. and SE 2nd Avenue; street view- SE 2nd Avenue;
and modifications to the conditions.
Ms. Kim stated that staff is in support of the modifications.
Mayor Penserga opened to public comment.
Dr. Piotr Blass said that this is a lousy plan, and that the value of the land is a trillion
dollars, and it is being sold for a few million. He spoke about the Oyer family. He said
that he is running for Mayor and when he is, they will change this.
Susan Oyer asked about the liquid art that was supposed to be a part of this project,
and a mural from Amanda Johnson. She said that there should be a living wall on the
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Boynton Beach, FL April 2, 2024
building, and that this is not compatible with the one-story houses across the street.
She mentioned that the email that she sent them shows that there is proof that this
could lead to sinkholes. She asked them to have something that is compatible to the
area.
James Edgerton spoke about the children.
Neil Richardson stated that this has been a plan in the works for 10-12 years, but he
agrees that it is too tall. He said that he prefers for this to be condos, not apartments.
He thanked the City for the wrap around the fence and said that he is glad something
is being proposed. He asked if the top of the elevator shaft will be a problem with
more height. He spoke about the exiting off 1st Avenue and not 2nd Avenue.
Mr. Miller stated that the Pierce is what Ms. Oyer was talking about, because they
have not spoken about art.
Mr. Singer said that they are fully complying with the Art Program.
Ms. Kim spoke about the renderings that were in the master plan, and said that those
were removed.
Mr. Miller stated that they had a great turn out with the community, and they had
positive feedback. He stated that the elevator shaft is already incorporated into the
building. He spoke about the garage access.
Ms. Radigan spoke about the public art program agreement.
Commissioner Hay asked for clarification on the height.
Mr. Miller spoke about what the code allows for in the different areas, and what is
allowed when you participate in certain programs.
Commissioner Hay asked if there will be adequate parking for staff.
Mr. Miller stated that the parking numbers are there, between the two buildings. He
spoke about providing the parking that is needed for the entire area.
Commissioner Hay asked if they are in agreement with the conditions.
Mr. Miller stated yes, except for the two conditions, and staff agrees.
Vice Mayor Kelley asked about the extra height and if it is to even it out with the other
building.
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Mr. Miller said that it is better to provide a better architectural feature along the top.
He spoke about the purpose of the peaks.
Vice Mayor Kelley asked about the color of the buildings.
Ms. Radigan stated that these colors are approved with this site plan.
Mr. Miller said that it will match the City Hall colors and features.
Motion
Vice Mayor Kelley moved to approve CDPA-2023.11.79608. Commissioner Hay
seconded the motion. In a roll call vote, the motion passed 4-1, with Commissioner Turkin
dissenting.
F. Approve Development Order request for a Town Square South Parcel
Height Exception (HTEX - 2023.11. 79608) to allow the peak of
architectural tower features of Town Square South Parcel mixed use
project, to be constructed at 105'-7", 18'-7" above the maximum allowable
height of 87 feet in the MU-3 (Mixed Use-3) zoning district with participation
in the City's Workforce Housing Program.
Motion:
Commissioner Hay moved to approve HTEX- 2023.11.79608. Commissioner Cruz
seconded the motion. In a roll call vote, the motion passed 4-1, with Commissioner Turkin
dissenting.
G. Approve Development Order request for Major Site Plan Modification for
Boynton Beach Town Square South Parcel (MSPM - 2023.11 .79608) to
construct 465 multi-family residential units, 6,816 square feet of
commercial areas, associated recreational amenities, and a parking
garage on a 3.8-acre site in the MU-3 (Mixed Use 3) zoning district.
Applicant: Robert Kantor, Boynton Beach Town Center Apartments I, LLC.
Motion:
Commissioner Hay moved to approve MSPM- 2023.11.79608. Vice Mayor Kelley
seconded the motion. In a roll call vote, the motion passed 4-1, with Commissioner Turkin
dissenting.
Mayor Penserga noted Items that 8H-K will be heard together. He added that Item
8H has two separate ordinances that have been combined and the Commission will
vote on them separately.
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H. Proposed Ordinance No. 24-007- First Reading - Approval of Potter
Townhomes Future Land Use Map Amendment (2023.06.12894) from
Local Retail Commercial Proposed Ordinance No. 24-008- First Reading
- Approval of Potter Townhomes Rezoning (2023.06.12894) from
Community Commercial (C-3) to Infill Planned Unit Development (IPUD)
with a master plan for 8 townhome units.
Commissioner Kelley said regarding Items 8H-K 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.
Commissioner Hay said regarding Items 8H-K 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.
Mayor Penserga said regarding Items 8H-K 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 Turkin said regarding Items 8H-K 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 Cruz said regarding Items 8H-K that she 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. She
requested that these disclosures and all written communications be made a part of
the record.
City Clerk De Jesus read the 8H-K titles into the record.
Mr. Miller spoke about the following: Potter Townhomes; request; FLU & Zoning
maps- proposed; master plan/plat parcels; proposed site/landscape plan; variance-
east buffer; architecture; floor plans- typical; community design appeal; and
conclusion.
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Mr. Craig Pinder, Senior Planner, stated that staff is in agreement with everything.
Mayor Penserga opened to public comment.
Harry Woodworth stated that it is up the road from him, and that the buffer is always
the issue, but that 3 feet is not a buffer. He said that there really is not a buffer.
Mr. Miller responded about the buffer that was questioned.
Mr. Pinder spoke about the buffer requirements for both properties.
Vice Mayor Kelley asked for clarification on the buffer requirement.
Ms. Radigan spoke about this property and the split zoning with the other property
and buffer requirements.
Commissioner Turkin said that he can understand the concerns with the buffer, but
this is a good product for this property.
Commissioner Cruz asked what is immediately next to the variance.
Mr. Miller explained what is on the property behind their property.
Commissioner Cruz requested a condition of approval of fee simple homeownership
in exchange for changing the zoning.
Mr. Miller said that they can agree to that.
Ms. Radigan clarified where the condition of approvals can be attached to the site
plan.
Motion:
Vice Mayor Kelley moved to approve Ordinance No 24-007, on First Reading.
Commissioner Cruz seconded the motion. In a roll call vote, the motion passed
unanimously.
Motion:
Commissioner Hay moved to approve Ordinance No 24-008, on First Reading.
Commissioner Turkin seconded the motion. In a roll call vote, the motion passed
unanimously.
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Boynton Beach, FL April 2, 2024
I. Approve Development Order for a Community Design Appeal (CDPA
2024.02.16905) for Potter Townhomes of Part III, Chapter 4, Article III,
Section 3.H. "Downspouts," requiring external downspouts to be enclosed
within the building structure.
Motion:
Commissioner Hay moved to postpone CDPA 2024.02.16905 to the next meeting. Vice
Mayor Kelley seconded the motion. In a roll call vote, the motion passed unanimously.
J. Approve Development Order for Variance 2024.02.16905 for Part III,
Chapter 4, Article II, Section 4.B.3.c- Urban Landscape Buffer (Type 2), to
grant a variance of seven (7) feet from the required twelve (12) foot buffer,
to allow for a five (5) foot wide landscape buffer and the elimination of the
requirement to provide a six (6) foot high masonry wall for the Potter
Townhomes project.
Motion:
Commissioner Hay moved to postpone Variance 2024.02.16905 to the next meeting.
Commissioner Turkin seconded the motion. In a roll call vote, the motion passed
unanimously.
K. Approve Development Order for New Master Plan and New Site Plan
(NMP, NWSP-2023.06.12894) for Potter Townhomes to construct 8
townhome units, amenities, and associated site improvements on a 0.587-
acre site, located at 2508 N Federal Highway.
Motion:
Commissioner Hay moved to postpone NMP, NWSP- 2023.06.12894 to the next meeting.
Vice Mayor Kelley seconded the motion. In a roll call vote, the motion passed
unanimously.
9. City Manager's Report- None
A. Purchases for over $10,000 for January 2024.
City Manager Dugger stated that this is an administrative item, that was moved from
consent, and it did not need to be in consent. He said that this is just for FYI.
10. Unfinished Business
11. New Business
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Boynton Beach, FL April 2, 2024
A. Discussion on Legislative Break for the Summer.
City Manager Dugger recommends the last meeting in June and first meeting in July.
He said that there will be two budget workshops in that timeframe as well.
Mayor Penserga stated that he prefers the winter holidays, not the summer. He said
that he can go either way.
Vice Mayor Kelley said that her hesitation is that she does not know how heavy those
meetings would be.
Mayor Penserga asked what would help her.
Vice Mayor Kelley said that she does not know what would help but she is concerned
about heavy meetings.
Commissioner Turkin stated that he brought this forward, and said that there is a lot
going on, and staff works very hard, and it takes a lot of work, and that he is thinking
about what is best for staff.
Commissioner Hay stated that he understands all the points being made, and he sees
us running into difficulty by not having the meetings. He says that this is what we
signed up for, and he does not see the need for it, but he will go with the majority.
Commissioner Cruz stated that she is open to what is best for staff, and she spoke
about vacation times. She said that she will be here during those times, but if staff
sees it as a benefit, she is not opposed to it.
Mayor Penserga said that there are several concerns. He said that we should
continue as is, but if the agenda is light, we can cancel.
City Manager Dugger stated that we should take the same approach to the winter.
12. Legal
13. Future Agenda Items
A. Discussion regarding regulations to support local businesses.- April 16, 2024
B. Discussion regarding existing regional programs and best practices to combat
homelessness in the City. - May 7, 2024
C. Discussion regarding the Art Assessment Fee being allocated to infrastructure
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Boynton Beach, FL April 2, 2024
instead of public art. - TBD
D. Discussion regarding combining City properties together to create senior
affordable housing . - TBD
E. Discussion regarding youth student attendance, at National League of Cities
Conference, sponsored by the City.- TBD
F. Discussion regarding a waiver process and criteria for workforce housing
projects. -TBD
G. Discussion regarding infrastructure, specifically paving in the City. - TBD
14. Adiournment
Vice Mayor Kelley thanked them for their support as Vice Mayor. She thanked
Commissioner Turkin for his year.
Motion:
Commissioner 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 9:27 P.M.
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