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MInutes 02-15-23 - Special Minutes of the Special 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 Wednesday, February 15, 2023, at 6:00 P.M. Present: Mayor Ty Penserga Daniel Dugger, City Manager Vice Mayor Angela Cruz Mike Cirullo, City Attorney Commissioner Woodrow L. Hay Maylee De Jesus, City Clerk Commissioner Thomas Turkin Commissioner Aimee Kelley 1. Agenda Items A. Call to Order - Mayor Ty Penserga Mayor Penserga called the meeting to order at 6:00 P.M. Roll Call City Clerk Maylee DeJesus called the roll. A quorum was present. Invocation by Commissioner Woodrow Hay Invocation was given by Commissioner Hay Pledge of Allegiance to the Flag led by Aimee Kelley Commissioner Kelley led the Pledge of Allegiance to the Flag. Agenda Approval: 1. Additions, Deletions, Corrections Motion Commissioner Hay moved to approve the agenda. Vice Mayor Cruz seconded the motion. The motion passed unanimously. B. Informational items by the Members of the City Commission. Commissioner Kelley disclosed that she met with Robert Singer on this item. Commissioner Turkin disclosed that he met Robert Singer on this item. Vice Mayor Cruz disclosed that she spoke with Robert Singer and met with Bradley Miller on this item. Page 289 of 744 Meeting Minutes Special City Commission Meeting Boynton Beach, FL February 15, 2023 Commissioner Hay had no disclosures. Mayor Penserga disclosed that he spoke with Bradley Miller, Robert Singer, and Mr. Oyer. C. Public Hearing for Proposed Ordinance No. 23-004- First Reading - Approving and authorizing the proper City Officials to enter into a Development Agreement with Boynton Beach Town Center Apartments, LLC., an affiliate of Time Equities, Inc., for the development of certain real property within the area known as Town Square. City Attorney Cirullo read the ordinance by title. He explained that this is the first of two hearings, and the second hearing is set for February 21, 2023, and said that this will be coming along with other items on the agenda, including the Master Plan. He swore in anyone that would be speaking on this item. Kathryn Rossmell spoke about Town Square as follows: history; related agreements; effective date; development agreement overview; development agreements- statutory background; Section 163.3220(2) Florida Statutes-continued, Section 163.3220(3), Florida Statutes; Town Square project overview; Phase 2- the south parcel; Phase 3- the north parcel; parking; additional public contributions; approvals under the development agreement; concurrency and public facilities; timeline for development; construction, continued; review and reporting requirements; default; termination; termination continued; odds and ends; and questions. Commissioner Hay stated that his questions have been answered. Vice Mayor Cruz stated that she met with all of the attorneys and staff and asked her questions at that point. She said that she asked about protection regarding the property, and asked for clarification that this is protected. Ms. Rossmell said yes. Vice Mayor Cruz asked about the possibility to make the parking lease agreement in perpetuity. Ms. Rossmell said that they could discuss it with the developer before second reading, but that a 100 year parking lease agreement is standard. Commissioner Turkin thanked legal and staff for their hard work, and the community for getting involved. He reiterated that this is to keep the conversation going and that they are not voting on a site plan. Ms. Rossmell responded yes, this just keeps the process moving. 2 Page 290 of 744 Meeting Minutes Special City Commission Meeting Boynton Beach, FL February 15, 2023 Commissioner Kelley asked for a case status update with the litigation. Ms. Rossmell explained the update on the settlement agreement with this case. She said that no trial date is set. Commissioner Turkin asked about infrastructure updates. Ms. Rossmell explained the infrastructure that is already underground on the site. Ms. Poonam Kalkat, Utilities Director, stated that they looked at the infrastructure put in place and said that if they do anything more, it would be on the developer's dime. Commissioner Turkin asked if we have the capacity for the infrastructure. Ms. Kalkat responded yes, and explained how they make sure that they have the capacity for it. Commissioner Hay asked for clarification on the clay pipes, and if it would be the responsibility of the developer to repair. Ms. Kalkat stated that if we know it must be repaired, it would be on us, but if it becomes damaged, they will have to determine who is at fault and see who would pay for it. Ms. Rossmell stated that there is nothing in the agreement that transfers fault to the developer if something happens, but it says that what is in the ground is fully functional but not complete, and any upgrades would be the responsibility of the developer. Vice Mayor Cruz asked about the $180K for public restrooms. Ms. Rossmell explained the development agreement and portable public restrooms. Commissioner Hay asked for clarification on the code regarding parking. Ms. Rossmell explained what the code requires and how many are being requested. Mayor Penserga stated that we hope for the best and plan for the worst and said that with the prior agreement there were insufficient protections. He asked about the protections for the City if they do not construct at all or it is incomplete. Ms. Rossmell explained the development agreement and stated that they have a termination clause included in the agreement. Mayor Penserga asked if the clock would restart if the land is sold. Ms. Rossmell responded no it would not restart, but the agreement would transfer to the 3 Page 291 of 744 Meeting Minutes Special City Commission Meeting Boynton Beach, FL February 15, 2023 new owner. Commissioner Hay asked if in the case of a natural disaster, would they have to come back to renegotiate. Ms. Rossmell spoke about the force majeure clause if a natural disaster happened. She recognized that there are two people there from Time Equities to answer questions. Public Comments: Jonathan Keith, Director of Inca, spoke on behalf of the applicant. He said that the developer did a great job explaining the agreement and vision. He stated that he feels comfortable that this is the right development group for this project. Harry Woodworth stated they have pretty much not been on the same page as the City and said that it is really refreshing to talk to these developers. He spoke about the money that has already been spent on this project. He said that they are working with a developer that knows what they are doing. Flynn Holland stated that parking is not going to be enough. She asked who is going to deal with the overwhelmed traffic. She spoke about what the community wanted versus what they are getting. She spoke about branding in Boynton Beach. Ernest Mignoli stated that his 4th floor unit sees this building, and says that he sees an administration that is blaming prior administration, but half of the people on the dais are the same. He said that Mayor Grant is still heavily involved in this stuff and that they voted yes for everything he wanted. He commented that when there are events in the City there is not enough spaces for people to park. Courtland McGuire stated that this is on fast track and said the P&D Board voted this down. He said that they did make changes to the agreement before coming to the City Commission. He mentioned that these two parcels make up a large part of the downtown. He spoke about wanting more commercial, and not enough parking spaces. Virtual Comments: 1 hand Gregory Hartmann stated that the settlement with Time Equities is the best of a bad situation. He mentioned that the development is going to do a lot of good for the downtown area. He said that it would be prudent for us to go forward with this. Bradley Miller, Urban Design Studio, stated that from their original application, they have more than doubled the commercial space for the development. City Attorney Cirullo stated that this is not a final vote, the second hearing would be on the February 21, 2023, where the Commission will hear from Time Equities. 4 Page 292 of 744 Meeting Minutes Special City Commission Meeting Boynton Beach, FL February 15, 2023 Commissioner Kelley asked for clarification about the lawsuit. Ms. Rossmell explained what would happen if the City were to win the settlement with JKM and spoke about the different outcomes. Vice Mayor Cruz stated that she is not sure if portable restrooms would be enough, that we need permanent bathrooms. Commissioner Hay agreed about the permanent bathrooms. Commissioner Turkin stated that the community input is helpful, and his issue was the density and height. He said that he does not want them to not to be able to move forward. He asked that the developers continue dialogue with the community as they work through this. He said they do not even get the land back if they win the lawsuit. Ms. Rossmell responded that there is no mechanism to get the land back regardless of the lawsuit. Commissioner Turkin stated that he must follow what is within code and law. He said that with the tax revenue coming forward, the properties being impacted should see that revenue being put back into their area. Mayor Penserga stated that they have to make the best of what they have and said that the alternative is catastrophic for the City. He spoke about the legality of private properties. He said that this agreement gives the City the protections that they needed. Vice Mayor Cruz stated that she believes we need to be proactive on infrastructure and roads within these years before the development starts. She mentioned that she is going to work towards getting money for transportation and infrastructure projects from the County and State. She spoke about the projects coming soon in the City. Motion Commissioner Hay moved to approve Ordinance No. 23-004 on First Reading. Commissioner Kelley seconded the motion. Commissioner Turkin reiterated that we have stake in the game, and the code could change, so they want to move forward with having community involvement. Mr. Miller introduced Mr. Francis Greenberger, owner of Time Equities. He stated that they understand how important this project is to Boynton Beach and that it is equally as important to them. He said that this is the project that they will commit their resources to and get the project done. He commented that their goal is to provide something high quality that will compliment the City. 5 Page 293 of 744 Meeting Minutes Special City Commission Meeting Boynton Beach, FL February 15, 2023 In a roll call vote, the motion passed unanimously. 2. Adjournment 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 7:19 P.M. CITY OF BOYNTON BEACH ATT- T: .�... N _,,,,,, Maylee Jesus, MMC _;OF g0YNT0,����1 City Cle .•zoRPORq 6, i EAL INCORPORATED: '1 �• 1920 1‘‘. FLORIDA 6 Page 294 of 744 De Jesus, Maylee From: Turkin, Thomas Sent: Monday, February 13, 2023 5:08 PM To: De Jesus, Maylee Subject: Fwd: Draft of Town Place Concerns I believe this constituent wants this read into the record. Get Outlook for iOS Thomas Turkin GST V OA,. City Commissioner- District III El City Commission ��. Mailing Address: P.O. Box 310 I Boynton Beach, Florida 33425 "� r Physical Address: 100 E.Ocean Ave. I Boynton Beach, Florida 33435 ,� �c- B TurkinT@bbfl.us I ® boynton-beach.org/ T°" © II Li Follow us on • Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. From:Thomas Devlin<tpdevlin@bellsouth.net> Sent: Monday, February 13, 2023 5:06:35 PM To:Turkin,Thomas<TurkinT@bbfl.us> Cc: Penserga,Ty<PensergaT@bbfl.us> Subject: Draft of Town Place Concerns Tom. Here is a quick draft, consolidating the Town place concerns voiced in Nextdoor conversations In the form of an email to be sent to the clerk to read into the record. Dear City Clerk, my name is Thomas Devlin. I reside at 2840 SE. 1st Court, Boynton Beach, FL 33435 and I ask that you read this into the record of the commission meeting of 3/15/2023. The following is a consolidation of comments from residents in NextDoor conversations relative to the current proposed Town Place project. Many are opposed to the project some are for the project and the Majority of resident have concerns about the project moving forward without their issues being considered and addressed.They are as outlined below. The residents of Boynton Beach approved the original Town Place with the idea that the downtown area would be a modern "Town Square" of old where people shop eat, maybe even go to the movies, although nobody goes to the 1 movies since Covid, but where the community can come relax see and hear bands and enjoy the many recreational amenities and festivals to be held in the area. There is wide spread agreement, Noone wants Boynton Beach to look like or become Atlantic Avenue in Delray or Boca Raton. All wish that Boynton Beach retain its town feeling,the name is"Boynton Beach"for a reason. A Central issue is traffic, both on Boynton Beach Blvd, Ocean Ave. and Secrest. Many expressed difficulty getting to the library or the beach with the current traffic. Being only they are only a couple miles west they feel like traffic study is required to reduce transit time to and from the beach. Along the same lines, it is felt that the density is too high in that 930 units with 1.5 cars would be an additional approximately 1500 cars on the road impacting traffic increasing accidents, insurance rates, etc.. The density allowed should be consistent with approved traffic and existing infrastructure. It is consensus that the number of floors are too high, making the area look like a canyon or valley.The number of Floors should be restricted to no higher than City Hall. There needs to be sufficient public parking garages on the north and south to accommodate out of the immediate area residents to use the City Hall, Library,Cultural Center,attend events at Centennial Park and along Ocean Avenue. It is also requested that sufficient street parking and handicap parking be available on the street for quick and easy access or for those that have difficulty walking but don't qualify for handicap. Additionally, priority should be given to Constructing the parking lots first.Such that, construction workers can use said parking and not use residents daytime parking for use of City Hall, library Park, and other facilities. It is imperative that with so many surrounding units within walking distance that it not appear that the public areas are front row and private to TownePlace residents and open to the general public The design should be in keeping with the intent of making downtown a destination and not a bedroom community. There was a thought of a possibility the area looks something like a central park New York City, with a large,wooded green space in the middle of town with buildings surrounding. As opposed to hustle and bustle of Delray, Boca, Lake Worth,West Palm and keep Boynton beach what It is a small beach town Feel. Again, relative to height the corner of Secrest in Boynton Beach Blvd.Should not obscure the view of City Hall and the park just to the north such that unless people were looking for it they wouldn't know it was there.As demonstrated by Ty Penserga's Facebook post about a WPBAF news segment about a mother and daughter traveling east on Boynton Beach Blvd.The child pointed out the building„asked what it was.When told it was the City Hall and library.The child told the mother she wanted to go and get a library card. If a building exists on that corner,the north east section of it should be tapered to not obscure the view of City Hall. A question was raised as to the impact on public safety. what is needed is to create a thriving active downtown environment? Several people are in favor of the project with the developers considering more commercial space and possibly less density of units. Given that ratio of business failures and vacancies that exist relative to other projects in the immediate vicinity, and Riverwalk Plaza and Boynton one„There was also general concern about this project. Is there a need for additional 2 commercial and residential units?Another example being the high-rise Casa Costa, which is nowhere near capacity and has been there several years Aesthetics:the buildings picture look like a prison complex. Appears designed to cram as many units possible.Again the height is in question and something should break up the silhouette of the view. There should also be a bit of a public plaza space. Instead of taking the building all the way around the road, people use this area,some portion of it should be walkable and public use. Consideration needs to be made that when building right up to the roadside, it precludes any future expansion of the road if density is to increase need to plan for future,the city should maintain an easement that can be reclaimed later to possibly add turn lanes on Brighton and Secrest. Examples of this can be seen at the Post Office and Church at the same intersection.Additionally the intersection of Woolbright and Seacrest at the cemetery. Both intersections could desperately use an eastbound right turn lane but are prevented from doing so by previous development. Traffic for many again is difficult to intolerable. Want No higher density projects considered without a plan to improve the traffic,throughput and walkability. Indicated the rebuilding of Woolbright Bridge at 95 worked wonders. Boynton BB and Gateway are planned by the county are those improvements in time to coincide with the project? Walkability and green space of the project area were mentioned often. Along with the project in regards to walkability,there are serious issues to be addressed. Secrest is the main thorough fare for the neighborhoods, but walking down along Seacrest in general is dangerous because of the frequency of neighborhood blocks.Suggest improve lighting, like street lamps in the front of City Hall and down Secrest from Gateway to Woolbright,an Gulf Stream Boulevard. It would vastly improve the safety, comfort of pedestrians attempting to walk day or in the evenings and be protected from cars. SE. 1st St. is not an alternative for pedestrians.There is no sidewalk consider adding one. For the commission the majority of comments were that any tax base increases in revenue, should be returned to residents,for beautification of the city such as dedicated street clean up and street cleaning. To the commission,a general point was made with all of the new projects in town there is a concern about water and its continued availability. It has been stated that we have plenty of water, however other locations such as California, Colorado and elsewhere assumed they had plenty of water until they didn't. How will the addition of the new units at Riverwalk Pierce town place and the federal highway project impact future water supply. What evaluations have been done. Considering 3/4 of the stores at Casa Costa are vacant and it's very difficult to run retail businesses without street level parking never mind that there's parking behind the stores some small service businesses like UPS and the nail salon do well, but it's very difficult for others And it would not be a good idea to replicate what already isn't working in the city in another location. How would project address? There needs to be a balance in what's reflected in Boynton Beach a resort recreational community where people live work and retire. Many people feel development is done without traffic in mind and defeating the purpose of the above. Again residents want a quiet recreational beach town where people can live relax work Enjoy recreation and retire. How Does the project support those goals? How does the project fit in the version 2020 plan? 3 Again how is traffic considered?With the apartments near old Boynton and other locations often residents have to make a right turn and make a U-turn, which could be the case in the mornings with residents trying to get to 1-95 I would appreciate commission and project developer feedback to share with neighbors. Sincerely, Tom Devlin Regards, Tom Sent from my iPhone 4