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
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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
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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
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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.
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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
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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
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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.
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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
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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
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6 p.m. or as soon thereafter as the agenda permits. The City Commission will conduct
these public hearings in its dual capacity as Local Planning Agency and City
Commission.
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.
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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.
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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
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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.
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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.
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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.
CITY OF BOYNTON BEACH
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