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Minutes 06-20-23 Workshop Minutes of the City Commission Meeting City Commission Workshop Park Impact Fee Workshop & Extraordinary Circumstances Meeting ToW`binar Platform and In-Person at the City Hall Commission Chambers 100 East Ocean Avenue, Boynton Beach, Florida On Tuesday, June 20, 2023, at 5:30 P.M. Present: Mayor Ty Penserga Daniel Dugger City Manager Vice Mayor Thomas Turkin Mike Cirullo, City Attorney Commissioner Angela Cruz Maylee De Jesus, City Clerk Commissioner Woodrow Hay (arrived at 6:46 P.M.) Commissioner Aimee Kelley 1. Presentation A. Short Term Rental Workshop Mayor Penserga called the meeting to order at 5:30 P.M. Roll Call City Clerk Maylee De Jesus called the roll. Vice Mayor Turkin joined virtually. A quorum was present. Saleica Brown, Development Services Manager, spoke about the following regarding short term rentals: overview; short-term rentals vs long-term rentals; legal limits to local regulations; current City process; and comparison of application processes. Michael Rumpf, Planner, spoke about the following: regulatory observations/comparisons- similarities in the sample, differences & unique standards in the sample; proposed ordinance; enforcement process- case management; short- term rental fees; comments/concerns; and questions. Mayor Penserga said that this is a balancing act, to protect owners and to protect quality of life around the rental properties. Vice Mayor Turkin thanked staff for working on this. He asked about the mandated landline at the residence and if it can be connected through Wi-Fi. Mr. Rumpf responded that they can review this. Vice Mayor Turkin stated that there was concern regarding room rentals, and not wanting to burden local hospital staff because travel nurses do not require a lot of room. He said that he is willing to be flexible with room rental requirement. He asked if there was a minimum age requirement to rent out a property. Mr. Rumpf stated that the local responsible party must be 25 years old. Meeting Minutes City Commission Workshop -Boynton Beach, FL — __- ---- - June-20,2023 Commissioner Kelley read the section regarding the age requirement. Vice Mayor Turkin asked for clarification on the suspension timeframe. Mr. Rumpf clarified the difference between suspension timeframes and penalties for habitual offenders. Vice Mayor Turkin said that he feels good about this, and he would like the Commission to consider the rental lease and the landline requirements. Amanda Radigan, Planning and Zoning Director, commented regarding the prohibited room rentals. She said that if the owner occupies the unit, then they can be allowed to rent the rooms out. There was discussion regarding owner occupied units and renting out rooms. Commissioner Kelley spoke about the landline and the concern that staff has with renters being able to reach emergency services. She said that she agrees with the Wi-Fi option that Vice Mayor Turkin spoke about. She spoke about having a happy medium for renting out rooms, maybe limiting it to 2 applications at a time. Mr. Rumpf spoke about having parking standards that can help with the concerns that the Commission is having. Ms. Radigan spoke about boarding homes, which would not be able to be regulated, if we allow this on short-term rentals. Commissioner Kelley spoke about the minimum age requirement and asked if that came from somewhere else. Mr. Rumpf stated that other examples they looked at had that rule. He said that 21 years old and above can apply for it, but someone 25 and older would have to be a registered guest. There was further discussion regarding age requirements. Commissioner Kelley asked about if an owner is fined, and has done everything they needed to do, what can the owner do with the renter. There was discussion regarding owners' responsibility and possible fees against property owners; annual inspections being noticed way in advance; inspection checklist; and the concern with having electricity hardwired. 2 Meeting Minutes City Commission Workshop Boynton Beach, FL ---- - June-20 2023 Commissioner Cruz said that she is happy to see the fee schedule being added as opposed to the $15K fine. She stated that she is in favor of removing the landline requirement, and the room limitation. She suggested that we should think about having the maximum room rentals be based off the number of cars allowed at the property. She spoke about the options for trash bins, and the annual inspections. 2. 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). Mayor Penserga opened the floor for public comment. Mayor Penserga passed the gavel to Commissioner Cruz and left the dais at 6:30 P.M. Brian Ross, Airbnb Community Leader for Palm Beach County, said that they are for legislation and not against it, but want it to be sensible legislation. He spoke about the different legislation that is coming down the pipe, inspections inside the property, short-term rentals, coming up with ways to deal with 30+ day rentals, and getting rid of trash privately. Jeffrey Kregan, realtor, and owner of rental properties, spoke about not having a higher end hotel in Boynton Beach, so this is a way to provide that. He spoke about regulating parking; mass occupancy based off a home square footage or a room; permits and registration being transferred to new owner; and regulating short-term rentals. There were no virtual speakers. Commissioner Kelley asked that we are complying with 509. Vice Mayor Turkin said that we do need to find alternatives for smoke detectors. He spoke about the max occupancy being a little high; not requiring landlines; and that transferring registration would make sense. Commissioner Cruz agrees with making sure we are compliant with state statute, and not requiring a landline. She said that if we can provide the opportunity for single family homes to purchase additional trash cans, it would be great. 3 Meeting Minutes City Commission Workshop Boynton Beach, FL June 20,2023 Mayor Penserga said that he is not in favor of landlines being the only option; smoke detectors should not have to be wired in, since there are battery operated ones; and is in favor of owner-occupied component and exploring that option. Commissioner Kelley spoke about her concern in transferring registration. Ms. Radigan stated that they are not transferrable because they need the new owners to accept all the rules. Ms. Brown said that they can transfer BTRs only in the event of change of ownership or location change. She said the new owners would still undergo the application and screening process. Commissioner Kelley spoke about limiting the number of short-term rentals that we have and restrictions. Commissioner Woodrow L. Hay joined the meeting at 6:46 P.M. There was discussion regarding clarification for staff: landline, or Wi-Fi line, or ability to dial 911 being required; room by room rentals, and limiting the number of short- term rentals at a time; smoke detectors required, but not to require them to be hardwired, and allow the battery ones; maximum occupancy clarification; $15K maximum fee being limited to certain infractions; allow an extra trash bin to be purchased; and inspection regulations. Commissioner Cruz asked if we could make the room rentals to be based off parking availability. Vice Mayor Turkin asked for clarification on max occupancy. Ms. Radigan said that it is 2 people per bedroom, max of 10, and if there is a gathering it is 1.5 times the occupancy, up to 15 people. 3. Adjournment Motion: Commissioner Kelley moved to adjourn the meeting. Commissioner Cruz seconded the motion. The motion passed unanimously. There being no further business to discuss, the meeting was adjourned at 6:58 P.M. 4 Meeting Minutes City Commission Workshop Boynton-BeaohL June-20;2023 CITY OF BOYNTON BEACH ATTEST: .Alt eft --- ayle= D: esus, MMC City CI-r yN�ON . icp..0Ari ••'c'S' �1 1,4cj : los I Irl J G�R O�(�� i • 1 5