Minutes 10-18-22 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, October 18, 2022, 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 6:01 P.M.
Roll Call
City Clerk Maylee De Jesus 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 Thomas Turkin.
Commissioner Turkin led the Pledge of Allegiance to the Flag.
Agenda Approval:
Mayor Penserga added an announcement to recognize City staff regarding relief efforts
on the West Coast.
Commissioner Hay requested to move item 11B up after Public Audience.
Vice Mayor Cruz thanked the Police Department for the support on the West Coast. She
noted that the representative for the Breast Cancer proclamation was not in attendance.
Mayor Penserga said that they will read the proclamation and Vice Mayor Cruz can
present it at a later time or it can be mailed to them.
Commissioner Turkin requested that item 3C be during public comment.
Mayor Penserga stated that it is on a countywide ballot and should be presented. He
stated that he is okay with it, as long as the presentation is less than 10 minutes.
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Boynton Beach, FL October 18, 2022
Commissioner Turkin stated that he attended the First Friday Concert and it was fun. He
announced research that he was doing with staff to potentially introduce a coral reef at
Ocean Front Park.
Mayor Penserga asked for this to be added as a future agenda item.
Dan Dugger, City Manager, stated that they are looking for funding for this project.
Commissioner Turkin asked to look into pickleball courts. He also asked staff to research
removing QuFu, China as a Sister City and adding a Ukrainian city that we can assist.
Commissioner Hay agreed with the pickleball courts.
1. Additions, Deletions, Corrections
Commissioner Hay moved to approve the agenda as amended. Commissioner Kelley
seconded the motion. The motion passed unanimously.
2. Other
A. Informational items by the Members of the City Commission.
Commissioner Kelley had no disclosures.
Commissioner Turkin had no disclosures.
Vice Mayor Cruz had no disclosures.
Commissioner Hay had no disclosures.
Mayor Penserga had no disclosures.
3. Announcements, Community and Special Events And Presentations
Mayor Penserga spoke about sending staff to the West Coast to help with the relief efforts
due to Hurricane Ian. He recognized the Police Officers and Public Works Staff that helped
in the relief efforts.
Marc Filsaime, Utilities Plant Maintenance Mechanic, thanked Poonam Kalkat, Director of
Utilities, for staying on them and making sure they were okay.
Ray Prado spoke about the devastation and said that the team was great. He spoke about
the residents over there being grateful for their help.
Brian McDeavitt, Road Patrol Sergeant, said that the recognition is nice but unnecessary,
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and they would do it again if they had to. He stated that they brought lessons back that will
make them better prepared as a City.
A. Proclaim October 15 as White Cane Safety Day. The proclamation will be
accepted by John Crossley, Vice President of the National Federation of the
Blind (Palm Beach Chapter).
Mayor Penserga read the proclamation into the record.
John Crossley accepted the proclamation. He stated that he is happy that we are
acknowledging White Cane Day. He announced the event that they will be having for White
Cane Walk Day.
B. Proclaim the month of October as National Breast Cancer Awareness Month.
The proclamation will be accepted by Lindsay Bennett, Senior Development
Manager for the American Cancer Society.
Mayor Penserga read the proclamation into the record and stated that Ms. Bennett is not
here to accept the proclamation and it will be delivered to her.
C. Presentation by Morris G. "Skip" Miller, Vice Chair of the Housing Leadership
Council of Palm Beach County on the County's potential Affordable Housing
Bond on the November 2022 ballot.
Mr. Miller spoke about the ballot question and why people should vote for it. He read what
the approval of the bond issue would be for, and what the benefits are. He further explained
subsidies and funding sources for the bond. He mentioned that it is a County bond issue,
so they will be responsible for monitoring the programs. He commented that a public forum
would be held on Thursday October 20, 2022 from 5:30-7:00 PM.
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)
Mayor Penserga stated that if anyone has any comments in regards to any of the
Ordinances, they would have to speak during this time.
Karen Yeh Ho stated that she wrote about the issue that she is having. She spoke about
the code enforcement process. She gave handouts to the Commission, that was added as
part of the record.
Bernard Wright stated that he would like to talk about having a SJ proclamation. He spoke
on $14 million in pandemic funding in the bank that is gaining interest, that has not been
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disbursed to non-profits organizations. He thanked staff for taking care of the damaged to
the City caused by Hurricane Ian.
Susan Oyer read two obituaries into the record of former residents Sue Beaman and
William James. She stated that as to the ordinances, the frontage one was horribly
presented at the Planning & Development Board.
Marjorie Ferrer spoke about the 250th Birthday of America and spoke about the Constitution
book that was given to kids. She presented a certificate of appreciation from The Daughters
of American Revolution.
Danny Ferrell stated that he is on the Senior Advisory Board and spoke about the seniors
that will fall under the poverty levels. He said that as a City, we need to do a lot more for
our seniors.
Gregory Hartman spoke about the height ordinance and stated that he is a fan of where it
is at right now. He commented about the need for a hotel in the downtown area.
Renette Nelson complained about drugs being sold in her neighborhood, and about
homeless people using her water hose to shower.
City Manager Dugger directed her to speak to one of the Officers in the back of the room.
Barbara Hall, Attorney with Greenberg Traurig, said that she is objecting to the reduction in
height that the City is recommending. She spoke about the impact on her client's property
if this ordinance passes. She commented about redevelopment needed in areas in the City.
Victor Norfus stated that he spoke about Unity Park and naming it after Reverend Butler.
He gave reasons as to why we should create the park. He said that he has a document
from the Palm Beach Post from 1924, in regards to Mayor Knut.
Bonnie Miskel stated that she is here representing her clients and they are against the
changes to the height ordinance. She said that she has been involved in the prior change
and there was a lot of engagement, and this one is being done in haste and not properly.
She asked for this to be done efficiently and legally proper.
Christine Dasset spoke about the ordinance regarding building heights. She spoke about
being for reducing the excessive heights.
Barbara Ready spoke about attending Commission Meetings for about 20 years, and site
plans that have been passed with tall buildings.
Dr. Piotr Blass stated that Knuth Road should be renamed after Reverend Cheney. He
spoke about the building height, and that we should keep it low. He said that he was in
Starbucks and the Boynton Beach Police Department came and threatened him to leave.
Shannon Thompson spoke about her son Stanley Davis, and said that she would like
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December 26 to have a proclamation in honor of him.
Jeff Ear spoke about the ordinance regarding height restrictions. He said that the Boynton
Beach residents do not want giant buildings.
Ernest Mignoli spoke about the SJ case and said that this case is getting away with
coverups between entities. He talked about building violations in the City. He said that we
are allowing all kinds of things in the City for the holidays and they refuse to put up a nativity
scene.
Virtual Comments: 2 hands raised.
Vanessa Del Monte stated that she is in favor of reducing the height in the City. She said
that they should not vote for developers. She spoke about preservation of our ecosystem,
and the bond referendum.
Courtlandt McQuire said that he is on a few Boards for the City and they were to determine
what the residents wanted, and said that it was prevalent that the residents did not want
height. He said that their recommendation as a Board is to reduce the height.
11B. Proposed Resolution No. R22-144-Approve and ratify the appointment of Adam
Temple as Assistant City Manager - Development Services, pursuant to City
Code of Ordinances, Chapter 2, Article II, Section 2-30(b). (Postponed at the
October 4, 2022 City Commission Meeting.)
City Manager Dugger spoke about the promotion of Andrew Mack into the Deputy City
Manager position, and that it was necessary to appoint someone into the Assistant City
Manager position that is strong in development.
Commissioner Hay stated that he had the opportunity to work with Adam Temple and that
the City Manager made an excellent choice.
Vice Mayor Cruz stated that he is accountable and always gets the work done.
Commissioner Turkin agreed and said that Adam is a great fit.
Commissioner Kelley agreed and said that it made sense to make this move.
Mayor Penserga said that if this was America's Got Talent, he would push the gold button.
He asked if there were any public comments on this item.
Ernest Mignoli stated that the building that he lives in has a lot of issues, but there are a lot
of things being approved in the building department. He said that Mr. Temple was behind
building this building and there are many issues with it.
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Motion:
Commissioner Turkin moved to approve Resolution No. R22-144. Commissioner Hay
seconded the motion. The motion passed unanimously.
Adam Temple stated that he appreciates the recognition and he thanked his staff for their
hard work.
5. Administrative
A. Appoint eligible members of the community to serve in vacant positions on
City Advisory Boards.
Motion:
Commissioner Kelley moved to appoint Stephen Palermo to the Building Board of
Adjustments and Appeals. Commissioner Hay seconded the motion. The motion passed
unanimously.
Motion:
Commissioner Turkin moved to appoint Allison Pandev to the Recreation and Parks
Board. Commissioner Hay seconded the motion. The motion passed unanimously.
6. Consent Agenda
A. Legal Expenses - August 2022 - Information at the request of the City
Commission. No action required.
B. Proposed Resolution No. R22-146 - Approve a grant adjustment
modification (GAM) for the 2020 Edward Byrne Justice Assistance Grant
(JAG).
C. Proposed Resolution No. R22-147 - Authorize the City Manager to sign all
documents associated with the acceptance and subcontract agreement for
the Florida Department of Transportation (FDOT) Florida Bicycle
Pedestrian Focused Initiative: Communication and High Visibility
Enforcement grant.
D. Approve an increase to the estimated annual expenditure of the City of
Punta Gorda Agreement # R201711/SVC-TIRES/17/18 with Boulevard
Tire Center in the amount of $500, increasing the estimated annual
expenditure from $70,000 to $70,500.
E. Proposed Resolution No. R22-148 - Approve and authorize the Mayor to
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sign a First Amendment to Subrecipient Grant Agreement between the
Department of Economic Opportunity (DEO) and the City of Boynton
Beach (COBB) for Fire Station #2 Hardening Project, Agreement Number
10124.
F. Proposed Resolution No. R22-149 - Authorize the Mayor to sign all
documents associated with the acceptance and grant agreement for the
2022 Edward Byrne Memorial Justice Assistance Grant (JAG) for $43,663
subject to the approval of the City Attorney.
G. Proposed Resolution No. R22-150- Amend various FY 2022-23 Capital
Project accounts. This request will adjust budgeted appropriations and
revenue sources and provide spending authority for the Capital
Improvement Funds (302 & 303) and the Utility Capital Improvement Funds
(403 & 404).
H. Proposed Resolution No. R22-141 Authorize City Manager to sign piggy-
back agreement utilizing the City of Boca Raton invitation to bid (ITB)#
2022-007 with Partnership Landscaping, LLC for landscape maintenance
services at the cemetery and mausoleum for an estimated annual cost of
$74,200.00 for the extent of the contract. The City of Boca Raton's
procurement process satisfies the City's competitive bid requirements.
(Postponed at the October 4, 2022 City Commission Meeting.)
I. Approve the one-year extension for RFPs/Bids and/ or piggybacks for the
procurement of services and/or commodities as described in the written
report for October 18, 2022 - "Request for Extensions and/or Piggybacks
Under $100,000."
J. Approve the purchase of Extreme Networks maintenance, and licensing
from STEPcg of Covington, KY in the amount of $48,841 .95, utilizing the
State of Florida Alternate Contract Source Number 43220000-NASPO-19-
ACS. The State of Florida Alternate Contract complies with the City of
Boynton Beach's competitive bid requirements.
K. Approve donation of $21 ,300 from the State and Justice Forfeiture Funds
to the following non-profit agencies:
Connect to Greatness, Inc. ($3,800)
Seven Hillz Production Foundation ($1 ,000)
GDBC Entrepreneurship Institute ($3,000)
Scholar Career Coaching ($2,000)
Boynton Beach Little League ($2,000)
The Bill Tome Foundation for Kids & Families ($7,500)
National Coalition of 100 Black Women South PBCC, Inc. ($2,000)
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L. Approve minutes from the September 22, 2022 City Commission Meeting
and Second Budget Hearing, and October 4, 2022 City Commission
Meeting.
Motion:
Commissioner Hay moved to approve the Consent Agenda. Commissioner Turkin
seconded the motion. The motion passed unanimously.
7. Consent Bids and Purchases over $100,000
A. Approve the one-year extension for RFPs/Bids and/ or piggy-backs for the
procurement of services and/or commodities over $100,000 as described
in the written report for October 18, 2022 - "Request for Extensions and/or
Piggybacks."
B. Approve Amendment No.1 to Task Order UT-2C-03 with CDM Smith Inc.
the amount of$320,940.00 for updating the Stormwater Master Plan
(SWMP) for the City's Downtown Watershed in accordance with RFQ No.
046-2821-17/TP, General Consulting Services Contract, Scope C
awarded by City Commission on August 7, 2018 and renewed on August
20, 2022.
C. Proposed Resolution No. R22-142 - Authorize the City Manager to sign an
Agreement and Business Associate Agreement with CareATC of Tulsa,
OK to provide services required to manage an employee health care clinic,
not to exceed $780,000 per fiscal year. (Postponed at the October 4, 2022
City Commission Meeting.)
D. Proposed Resolution No. R22-143- Approve the renewal of property,
casualty, and workers' compensation insurance coverage through Florida
Municipal Trust (FM IT) and authorize the City Manager to sign all required
documents for the term of the policy: October 1, 2022 through September
30, 2023. (Postponed at the October 4, 2022 City Commission Meeting.)
E. Proposed Resolution No. R22-151- Approve Award of Bid No. UTL22-036
for "Lakeside Gardens Utility Stormwater and Water Improvements —
Phase II (Grant Funded)" project and authorize the City Manager to sign
an Agreement and issue a Purchase Order to the lowest responsive and
responsible bidder, B&B Underground Construction Inc. of West Palm
Beach, Florida, in the amount of $2,645,441 .75 plus a 10% contingency of
$264,544.18 if needed, for staff approval of change orders for unforeseen
conditions, for a total expenditure of $2,909,985.93 and approve the
Utilities Capital Improvement Plan (CIP) roll over of 2,178,478.00 and
budget transfer of $731,507.93 for the project.
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Mayor Penserga pulled Item 7E.
Motion:
Vice Mayor Cruz moved to approve the Consent Bids and Purchases over $100,000.
Commissioner Kelley seconded the motion. The motion passed unanimously.
Mayor Cruz asked for an update from staff on Item 7E.
Staff provided a presentation and reviewed the project area, project objectives, and BID
No. UTL22-036.
Motion
Vice Mayor Cruz moved to approve Resolution No. R22-151. 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. Proposed Resolution R22-145- Declare the City owned vacant property
(0.0458 acres) located at 319 NE 12th Avenue, PCN #08-43-45-21-20-
002-0182, as surplus and direct staff on desired disposition process to
follow.
City Attorney Cirullo stated that there was an offer to purchase the property, and this
item is to declare the property as a surplus property.
Howard Brown stated that he owns 317 NW 12th Avenue and that he would like to
acquire the property and take care of the property because it is a nuisance.
Commissioner Hay stated that he has been over there several times, and there is
nothing that the City can do with the strip of property, and it makes sense to give this
property to this owner so that it can be maintained.
There was consensus with the Commission on this decision.
Public Comment:
Dr. Piotr Blass congratulated the owner.
Ernest Mignoli stated that it was interesting that the City could not maintain their
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property and they let it get dilapidated and give it to someone. He said that the public
is not represented, and asked who gave the Commission the authority to give these
properties away.
Virtual Speaker: 1 hand raised.
Courtlandt McQuire stated that he would like to get free land too. He said that it does
not sound taxable or clean.
Commissioner Turkin asked for clarification about whether the new owner will pay
extra property taxes.
City Attorney Cirullo stated yes and said that the sale will come back. He noted that
this is to declare the property as surplus and authorize the direct negotiated sale. The
actual sale will be approved separately.
Mayor Penserga asked about the appraised property value.
Mr. Mack replied that the property is valued at $880.
Commissioner Hay stated that this is not the first time we have done this.
Motion
Vice Mayor Cruz moved to approve Resolution No. R22-145. Commissioner Kelley
seconded the motion. The motion passed unanimously.
9. City Manager's Report- None
10. Unfinished Business- None
11. New Business
A. Commission discussion on Advisory Boards reporting to the City
Commission, requested by Commissioner Kelley.
Commissioner Kelley thanked Kathryn Matos, Assistant City Manager, for the
spreadsheet that she distributed. She said that one of the reasons she brought this
up is because she has sat on several Boards and they always have to report to the
governing body, and she feels like it is important that they report to the Commission.
She said that this should be a regular process on how we want to the Boards to work.
Mayor Penserga stated that he normally has to chase the Boards for reports. He
asked Commissioner Kelley how she would like to see this presented.
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Commissioner Kelley spoke about possibly getting short presentations from the
Boards and rotate them.
Mayor Penserga agreed that presentations should be in-person and on a rotating
schedule. He would like it to be clear that whoever is there to present is there to
represent the Board as a whole.
There was consensus from the Commission.
Commissioner Hay stated that they did an annual report before and agrees for the
Boards to present in-person to summarize accomplishments. He said that they should
look at how often the Boards meet.
Mrs. Matos spoke about how often they meet and asked for clarification on how
frequently they want the Boards to present and recommended that each Board get
consensus from their Board on the report before presenting to the Commission.
Consensus was reached to have Boards present annually but reserve the right to
request a Board present more frequently.
Vice Mayor Cruz said that she would like to know how we communicate about
vacancies on the Boards.
Mrs. Matos spoke about how it is communicated.
B. Proposed Resolution No. R22-144- Approve and ratify the appointment of
Adam Temple as Assistant City Manager - Development Services,
pursuant to City Code of Ordinances, Chapter 2, Article II, Section 2-30(b).
(Postponed at the October 4, 2022 City Commission Meeting.)
Item 11B was moved to after the Public Audience.
12. Legal
A. Proposed Ordinance No. 22-018 - First Reading - Approve modifications
(CDRV 22-005) amending the Part III LAND DEVELOPMENT
REGULATIONS, Chapter 1, Article II. Use Definitions, Chapter 3. Zoning,
and Chapter 4, Article III. Exterior Building and Site Standards (CDRV 22-
005), to include requirements for commercial frontage.
City Attorney Cirullo read Ordinance No. 22-018 into the record.
Amanda Radigan, Director Planning and Zoning, spoke about the following:
commercial frontage; proposed amendments; proposed amendments continued;
map on proposed amendments; 50% Commercial Frontage Requirement diagram
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and 70% Commercial Frontage Requirement + Remainder Active Frontage Diagram;
questions.
Vice Mayor Cruz thanked staff for this presentation and said that it is the right thing
to do for our City and that we need to move forward with this. She stated that it will
make our City more viable.
Commissioner Turkin stated that he went to the last Planning and Development
Meeting and it was passed unanimously. He said that it was interesting because this
will help give us a walkable downtown, and it will help give us an identity.
Commissioner Kelley agreed that this is important and spoke about projects that were
coming up and that this stemmed out of that.
Commissioner Hay agreed.
Vice Mayor Cruz asked if this only affects mixed-used developments
Ms. Radigan responded yes, and spoke about exemption opportunities.
Motion
Commissioner Turkin moved to approve Ordinance No. 22-018 at First Reading.
Commissioner Kelley seconded the motion. In a roll call vote, the motion passed
unanimously.
B. Proposed Ordinance No. 22-019 - First Reading - Approve an ordinance
of the City of Boynton Beach Florida amending Article II of Chapter 18 of
the Boynton Beach Code of Ordinances entitled Employees' Pension Plan
amending section 18-145 City of Boynton Beach Investment Policy for
General Employees' Pension Fund; providing for codification conflict
severability and an effective date.
Attorney Cirullo read Ordinance No. 22-019 into the record.
Mara Frederiksen, Director of Finance, explained the Ordinance and noted that it is
diversifying the portfolio based on the market.
Vice Mayor Cruz asked who the investment manager is.
Mayor Penserga said that the investment manager is Jeff Swanson.
Motion
Commissioner Kelley moved to approve Ordinance No. 22-019 at First Reading.
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Commissioner Hay seconded the motion. In a roll call vote, the motion passed
unanimously.
C. Proposed Ordinance No. 22-020- First Reading - An Ordinance of the City
of Boynton Beach Florida amending Article III of Chapter 18 of the Boynton
Beach Code of Ordinances entitled Municipal Police Officers' Retirement
Trust Fund amending Section 18-164 to provide for pension contributions
by drop members; amending Section 18-175 deferred retirement option
plan to provide for 8-year drop; providing for codification conflict,
severability, and an effective date.
City Attorney Cirullo read Ordinance 22-020 into the record.
Julie Oldbury, Director of Human Resources and Risk Management, explained that
there was a change in the drop during negotiation with the PBA, and this is to make
this document mirror the contract.
Motion
Vice Mayor Cruz moved to approve Ordinance No. 22-020 at First Reading.
Commissioner Hay seconded the motion. In a roll call vote, the motion passed
unanimously.
D. Proposed Ordinance No. 22-021 - First Reading - An Ordinance of the City
of Boynton Beach Florida amending Section 18-300 Creation of
Consolidated Deferred Retirement Option Plan to exclude Police Officers
and Firefighters and to update for recent changes to the IRS Code;
providing for codification conflict, severability, and an effective date.
City Attorney Cirullo read Ordinance No. 22-021 into the record.
Ms. Oldbury explained the consolidated drop ordinance that was done many years
ago and said that they have to remove reference to Police and Fire.
Motion
Vice Mayor Cruz moved to approve Ordinance No. 22-021 at First Reading.
Commissioner Kelley seconded the motion. In a roll call vote, the motion passed
unanimously.
E. Proposed Ordinance No. 22-022 - First Reading - Approve modifications
(CDRV 22-006) to Part III. LAND DEVELOPMENT REGULATIONS
amending Chapter 2 Land Development Process, Article II Planning and
Zoning Division Services, Section 1 .F to allow for an expiration of
abandoned applications and Section 7.G to establish a process for Zoning
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Interpretations and; Chapter 3. Zoning, Article II General Provisions
Section 11 to create an exemption for City-owned telecommunication
towers used for essential services and; Article III. Zoning Districts and
Overlay Zones, Section 2.B revising the parameters for permitted
Administrative Adjustments; Article IV. Use Regulations, Section D,
Footnote 23 to revise the regulations for industrial uses on arterial and
collector roadways; Chapter 4. Site Development Standards, Article V.
Minimum Off-Street Parking Requirements, Section 3.G to include a
sustainable parking ratio for select industrial uses.
City Attorney Cirullo read Ordinance No. 22-022 into the record.
Ms. Radigan spoke about the overview and current conditions.
Vice Mayor Cruz asked how many pieces of land they are talking about.
Ms. Radigan explained the piece of land that they are referring to.
There was discussion regarding what properties can fall into the categories and the
exemptions in the code.
Motion
Commissioner Hay moved to approve Ordinance No. 22-022 at First Reading.
Commissioner Kelley seconded the motion. In a roll call vote, the motion passed
unanimously.
F. Proposed Ordinance No. 22-023 - First Reading - Amending Chapter 23,
Taxation, Assessments and Fees, Article IV, Additional Homestead
Exemption, Section 23-54 to increase the additional homestead exemption
for low-income senior citizens from $25,000.00 to $50,000.00; and
amending section 23-54 by creating a new Section 23-54(b)(3) to add an
additional exemption for low-income long-term senior citizens.
City Attorney Cirullo read Ordinance No. 22-023 record and explained that this was
directed by Commission to staff.
Mayor Penserga stated that there are two parts to this and both apply to low income
seniors. He asked for the criteria clarification.
City Attorney Cirullo stated that there is a minimum income, and it is changed every
year.
Mayor Penserga stated that this affects the most vulnerable residents and will change
the lives of our residents.
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Vice Mayor Cruz stated that we have a large senior population and it is a win for
seniors. She asked how this will be communicated to the community, and suggested
that we have an application for this and have staff to help.
City Manager Dugger stated that he will work with staff and will get information to the
Commission regarding what is being done.
Mayor Penserga mentioned that we will have to coordinate with the Property
Appraiser's Office.
Commissioner Hay stated that he supports this, and that anything we could do to help
the seniors, we should do it.
Commissioner Turkin agreed with this and said that he hopes other municipalities will
follow. He suggested flyers go out on this.
Commissioner Kelley agreed and said that this cannot go out only via social media,
staff needs to think outside of the box for communication efforts.
Commissioner Turkin suggested reaching out to the Presidents of the 55+
communities.
Motion
Vice Mayor Cruz moved to approve Ordinance No. 22-023 at First Reading.
Commissioner Kelley seconded the motion. In a roll call vote, the motion passed
unanimously.
G. Proposed Ordinance No. 22-024 - First Reading - Approve modifications
to reduce building heights in MU-C and MU-4 Zoning Districts (CDRV 22-
004) amending Chapter 3. Art III. Sec 1 . E Table 3-4. Mixed Use Urban
Building and Site Regulations.
City Attorney Cirullo read Ordinance No. 22-024 into the record.
Ms. Radigan spoke about building height amendment as follows: redevelopment
planning; height discussion timeline; proposed amendment to urban mixed-use;
Chapter 3, Article III. Section 1E Table 3-4; questions. She stated that there was a
Planning & Development meeting on October 12th and that generally the comments
included a more inclusive amendment, commercial area traffic; transition from a
transit-oriented development (TOD) to a more traditional downtown; and desire to
minimize legal risk. She noted that staff developed an alternative amendment if the
Board would like to hear it.
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Vice Mayor Cruz asked what the TOD acronym is and clarification on what it is.
Ms. Radigan explained what the TOD is.
Mayor Penserga asked about the alternate amendment.
Ms. Radigan explained the alternate amendment, and said that it will do two things:
retire MU-C & MU-4 and Establish MU-DT (Mixed Use Downtown). She stated that it
minimizes taking away rights and spoke about retiring zones in the past. She also
noted that it limits legal exposure.
Commissioner Hay asked where in the process would be the minimum that would be
affected.
Ms. Radigan said that no one would be affected as of now. She stated that this is for
new developments coming in, and will not affect anyone that has been established.
Vice Mayor Cruz stated that we need to look at our Comp Plan and CRA Plan, and
making an amendment to height would require us to look at several components. She
asked Commissioner Turkin what the purpose is for this.
Commissioner Turkin stated that we need to look at historical content, and we were
never a tall City. He said that we would not meet the density needed for a train station,
and the train station is not wanted. He shared a story of a 5-year-old kid that was hit
by a car last week and said that we are understaffed at the Police Department and
we are having rapid development and we cannot serve to the best of the ability now
and it is unjust. He said that they were going to focus on more greenspace and said
that times change from when they voted about this back in 1989. He mentioned that
it is not right for us to continue down this path. He commented about the lawsuits in
other municipalities, and that they are booming even though they are not tall cities.
He asked if there are plans for a train station.
Ms. Radigan stated that there has been a plan for a possible train station for many
years and explained where and how they would qualify for it.
There was discussion regarding train stations and what tracks they would use, and
the identity of the City.
Commissioner Turkin asked Fire Chief Bruder how high the highest fire ladder could
go.
Hugh Bruder, Fire Chief, explained the ladder heights and the issues that they come
across when going to fires in high rises.
Commissioner Kelley stated that she has concerns with the legal aspects, and
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City Commission Meeting
Boynton Beach, FL October 18, 2022
explained why. She said that we need to be careful how we approach this for the
residents and employees. She said that she is not comfortable voting on this tonight
because she wants to make sure that we are looking out for everyone.
Vice Mayor Cruz asked again for the purpose of this ordinance. She said that she
agrees with catching up with infrastructure and asked for more information about the
identity and housing.
Ms. Radigan stated that staff is looking at updating the housing ordinances. She
explained the different programs that the City has.
There was discussion regarding housing; increased density; authority about deciding
if the developer can have rentals or sell properties; serving the people; and no ability
to widen the roadways.
Commissioner Hay agreed with Commissioner Kelley and the legal aspect of this. He
said that he is in favor of reducing the height but thinks that we are moving too fast,
and that he loves the alternative option. He said that he would like to see this held
off, and wants to know what projects will be impacted.
Ms. Radigan stated that this process started in May and there have been five (5)
meetings since it started. She clarified the process and gave them what their options
are.
Commissioner Turkin clarified that he doesn't want the City to be sued, and he will
always fight for the constituents.
City Attorney Cirullo stated that if you do not take away something from someone
who is already established, there is not a large risk.
Mayor Penserga stated that there is consensus to take a look at the alternative
method. He clarified that both of these are basically the same but one has minimum
legal risk. He said that it is simple from his perspective. He asked for staff to come
back with the alternative option.
There was discussion regarding the process if they go with the alternative
amendment and said that the timeline can be as quick as the Commission would like;
looking at reducing density to 60; not rushing through this ordinance; and
accountability with the Commission.
Ms. Radigan asked for clarification for staff.
Commissioner Turkin stated that he would like to move forward with the alternative
amendment, and the Commission do their due diligence and not continuing
postponing this.
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Meeting Minutes
City Commission Meeting
Boynton Beach, FL October 18, 2022
Commissioner Kelley stated that it has been a long time that this has been discussed
but there was no conversation about the alternative amendment between staff until
just now at this meeting. She stated that there should be more communication from
staff to the Commission.
City Manager Dugger stated that staff poured hours into this, and this alternative plan
just came up yesterday and it helped with resolving the issues they were facing.
Vice Mayor Cruz thanked staff for going above and beyond.
Motion
Commissioner Hay moved to table Ordinance No. 22-024 and direct staff to bring back
this ordinance with the alternative amendment. Commissioner Kelley seconded the
motion. In a roll call vote, the motion passed unanimously.
H. Proposed Ordinance No. 22-017 - First Reading - Tenant Notice and Bill
of Rights Ordinance. (Postponed at the October 4, 2022 City Commission
Meeting.)
City Attorney Cirullo read the Ordinance No. 22-017 and stated that there was a
change providing for 90 days, instead of 60 days.
Mayor Penserga thanked staff and explained the history of this ordinance. He said
that this provides stability in the City and this is another no brainer.
Commissioner Turkin stated that he is prepared to vote on this and is happy that this
is moving forward.
Motion
Commissioner Hay moved to approve Ordinance No. 22-017 at First Reading.
Commissioner Kelley seconded the motion. In a roll call vote, the motion passed
unanimously.
13. Future Agenda Items
A. Discuss options for updating the Community Support Funds Policy -
November 1, 2022
B. Draft Ordinance on Civility & Decorum - November 1, 2022
C. Discussion on Regulating Vacation Rentals - November 1, 2022
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Meeting Minutes
City Commission Meeting
Boynton Beach, FL October 18, 2022
D. Report on the status of infrastructure within the City, requested by Mayor
Penserga - November 15, 2022
E. Continued discussion regarding a potential park in Leisureville and
creating a Restrictive Covenant on this parcel, requested by Vice Mayor
Cruz. - January 2023.
F. Legal options for preserving the future park site in the Meadows
subdivision as green space, requested by Commissioner Kelley. - TBD.
Commissioner Hay asked to add for future item to have discussion regarding a
proclamation for December 26 to be SJ Day.
There was consensus to add this to the November 1st agenda.
Vice Mayor Cruz stated that when there is something is added at the meeting, it does
not follow procedure.
Commissioner Turkin thanked staff and asked why they did not have Christmas
decorations last year.
City Manager Dugger said it was an oversight last year and will make sure they have
them this year.
14. Adjournment
Motion
Commissioner Hay moved to adjourn the meeting. Commissioner Kelley seconded the
motion. The motion passed unanimously.
There being no further business to discuss, the meeting was adjourned at 10:00 P.M.
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