Minutes 02-21-23 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, February 21, 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 6:05 P.M.
Roll Call
City Clerk Maylee De Jesus called the roll. Commissioner Turkin joined virtually. A
quorum was present.
Invocation by Pastor Patterson, Seacrest Presbyterian Church
Invocation was given by Pastor Patterson.
Pledge of Allegiance to the Flag led by Mayor Ty Penserga
Mayor Penserga led the Pledge of Allegiance to the Flag.
Agenda Approval:
1. Additions, Deletions, Corrections
Mayor Penserga requested to move up Items 10A, 10B, 12A to after Public Audience.
Vice Mayor Cruz asked for a moment of silence for both her uncle Jorge and Professor
Levee from FIU.
Motion:
Vice Mayor Cruz moved to approve the agenda, as amended. Commissioner Hay
seconded the motion. The motion passed unanimously.
2. Other
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Boynton Beach, FL February 21, 2023
A. Informational items by the Members of the City Commission.
Commissioner Kelley disclosed that she spoke to Jeff Burns and Nick Rojo for Item
8, and Courtland Mcguire regarding the Town Square Project.
Commissioner Turkin disclosed that he spoke with Jeff Burns and Nick Rojo and Phil
Terrano about the Little League fields, and the applicant for Town Square.
Vice Mayor Cruz disclosed that she held a town hall at Leisureville about Item 12A.
She also spoke to the applicants for The Pierce project.
Commissioner Hay disclosed that he spoke to Nick Rojos from Affiliated. He noted
that this is Black History month and has given information all this month and said that
he wanted to continue with more history. He spoke about Lemar Wright, who was the
first black City Councilman in Boynton Beach. He spoke about Lillian Otis, who was
the first black female City Commissioner in Boynton Beach. He also he spoke about
Perry Patterson the first black Firefighter in Boynton Beach. He spoke about Natasha
Denise Clemons, the first black woman Deputy Fire Chief in Boynton Beach. He
recognized Lamar Jackson, the first Heisman Trophy winner. He spoke about Ezell
Hester, first black Mayor in Boynton Beach. He spoke about himself, the first ordained
Minister to serve on a board.
Mayor Penserga disclosed that he spoke to the applicants for The Pierce project,
Time Equities, and Phil Terrano pertaining to the Little League. He stated that he
went to a statewide IT conference, to try to recruit companies into the City. He said
that he attended the Boynton Beach Gold Coast Band on Sunday. He acknowledged
Kacy Young, and read the thank you letter that was written by hand from a resident.
3. Announcements, Community and Special Events And Presentations
A. The City of Boynton Beach and the Boynton Beach Veterans Task Force will
host a dedication ceremony during Black History Month for the Tuskeegee
Airmen Monument on Saturday, February 25 at 10:00 A.M. The ceremony will
be held at the Tom Kaiser, USN, Boynton Beach Veterans Memorial Park (411
N. Federal Hwy).
Mayor Penserga announced the Dedication Ceremony for the Tuskeegee Airmen
Monument.
B. Proclaim February 21, 2023 as Robert E. Wells Day. Bishop Bernard Wright will
accept the proclamation.
Mayor Penserga read the proclamation into the record and presented it to Commissioner
Hay since Bishop Bernard Wright could not make it to the meeting.
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C. Announce the City of Boynton Beach Career Fair taking place at the Boynton
Beach Arts & Cultural Center at 125 E. Ocean Avenue, on Friday, March 3,
2023, from 9:00 A.M. to 5:00 P.M., and Saturday, March 4, 2023 from 10:00
A.M. to 2:00 P.M.
Mayor Penserga announced the City of Boynton Beach Career Fair.
Tennille DeCoste, Director of HR, stated that there are 124 vacancies that include
Police and Fire. She mentioned a few of the positions that are listed, and how people
can apply. She stated that she is marketing it all over the county, even on the radio.
Commissioner Turkin thanked Ms. DeCoste and said that she has done a lot so far
in her short period of time.
The radio station promotion was played for everyone.
Mayor Penserga announced the City Hall Social for Thursday, March 2, from 5:30
P.M. - 7:30 P.M. He stated that there is a jazz performer, Donna Singer, that will be
joining us at this event. He said that there will be food and drinks as well.
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)
Mack McCray stated that the first afro American Police was William Buckner.
Edward Tedmann stated that he is a 25-year resident and that he has a problem with
the red-light camera on Gateway and Congress. He stated that Boynton Beach
should eliminate the camera, like other cities have. He spoke about the different
charges that he was invoiced. He stated that this whole process is an opportunity to
make money and it does not service the community.
Flynn Holland stated that she has two issues: the first is that on Seacrest Road it is
very busy and dangerous and we need more Police presence; and there is a lot of
trash in front of the Post Office where the bus stops are. She said that between 5th
and 6th, they are not having their bulk garbage picked up, even after calling many
times.
Cindy Falco DeCorrado stated that a few of the artworks that were displayed was not
art, and that the A-frame was not art either and the palm fronds that were painted
was not art. She spoke about allowing all animals to be able to go to the park, not
just dogs. She said that she has not received any dimensions from the Clerk of the
Court regarding the art that she wants displayed. She stated that she has the same
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issue with garbage as well, that pickup is sporadic.
Evelyn Joseph stated that she has been here for over 21 years and stated that there
is speeding through her road on 23rd.
Ernest Mignoli stated that everyone in the room is to blame, because they are the
same people as the previous administration. He said there are a lot of complaints
about the attorneys that we have. He said that the prior City Manager was the one
who created the issue with flooding. He said that he does not know how the art in the
City is called art.
Dr. Pierre Blass stated that he finds it wonderful that the Mayor spoke at length about
the Bahamian connection to the City. He spoke about Kluth Road, and said that it
should be renamed. He spoke about an incident he had at Starbucks, and said that
he won the case. He said that he ran for Mayor but the previous Clerk wrote him off.
Virtual Hands: 2 hands
David Rosenthal stated that his parents live in High Point and thanked the
Commission for their efforts. He spoke about the Town Square Project. He said to
say yes to the Little League.
Gregory Hartmann thanked the Commission for working hard, and said that there are
positive projects coming forward. He stated that he hopes that there are more
restaurants and commercial places in this area, to create a destination downtown.
Commissioner Turkin stated that beautifying Seacrest would be great, and he would
like an update from Staff.
Mayor Penserga said that he this is the first he has heard about this and Seacrest is
owned by the County.
City Manager Dugger stated that he will reach out to the County to collaborate. He
said that beautification is definitely needed.
10A. Proposed Resolution No. R23-019-Approve and authorize the Mayor to
sign a First Amendment to Comprehensive Agreement for Ground Lease
and Training Facility with Primetime Sports Group, LLC to amend the
original Agreement to increase the allowable size of the Facility, update
the Conceptual Site Plan, and increase the amount of time for
substantial/final completion.
Mayor Penserga read the Resolution into the record.
Kacy Young, Recreation and Parks Director, thanked the Mayor for the recognition
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earlier in the meeting. He provided an update on the Little League Project as follows:
Project Introduction and History; Project Scope; Map of current view of the Little
League Park; Little League Park Master Plan; Little League Park- indoor training
facility; Ground Lease Agreement for Indoor Training Facility Amendment; and
Questions.
Commissioner Hay asked about the purpose of increasing the days of the completion
of the project.
Mr. Young explained the additional size of the building and needing more time to
complete the building.
Vice Mayor Cruz asked if the completion date is the entire park, and if there is a
breakdown of the project timeline.
Mr. Young explained the different parts of the field that will be completed first (training
facility and field 5). He said that this is the conceptual plan for the entire park.
Vice Mayor Cruz spoke about the memorial that it is supposed to be moved and if
there were any concerns.
City Attorney Cirullo stated that there are no legal concerns.
Vice Mayor Cruz asked about the fee increase after 5 years.
Mr. Young stated that they will look every 2 years at market rates after the 5 years.
He said that not until year 5 will the lease increase, even though the facility is larger
than originally requested.
Commissioner Turkin asked for clarification on the size of the training facility. He
spoke about the lease agreement that this company has with a similar location in
Palm Beach Gardens.
Mr. Young stated that the agreement was similar, so there would be similar language
and said that they used that facility as a resource.
Commissioner Turkin asked for clarification about changing the fields and the
maintenance needs.
Mr. Young stated that this will decrease the overall maintenance of the park, and
there should be a potential savings of $50,000 annually.
Commissioner Turkin asked for clarification of overall site completion.
Mr. Young stated that the training facility and field 5 is to be completed in 360 days.
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Commissioner Kelley asked if we have accounted for additional handicap parking.
Mr. Andrew Mack, Deputy City Manager, stated that this is a conceptual plan, and it
still must go through the site plan process and that will be addressed. He stated that
the timeline was his recommendation, because of all the work that has to happen to
make this project work.
Commissioner Kelley stated that she was excited to see that the memorial stayed
where it was and that there was increase in parking. She asked for clarification about
the Barrowitz Foundation and how they will play into this.
Phil Terrano spoke about the partnership that he has with the Barrowitz Foundation.
He noted that this is 3 years in the making and he would like to have this built as soon
as possible, with no kids getting left behind. He spoke about the economic boost to
the City and noted that with the bigger facility, more kids will be allowed to come in
and enjoy it. He said there is a similar facility in Palm Beach Gardens, and the City
was paying for most of it, while he is not requesting money for this project. He noted
that he is raising his own money and doing this on his own.
Mayor Penserga stated that he is a son of Boynton Beach, and he is coming back to
Boynton Beach, and he is proud of that. He asked about worst case scenarios and
what he has in place to protect the City if the project is not completed.
Sean Swartz, Assistant City Attorney, spoke about the agreement and the safety nets
in the agreements.
Mayor Penserga asked if this is a lease.
Mr. Swartz responded yes, the City still maintains ownership of this property.
Mayor Penserga asked about the benefits to the community.
Mr. Young said that this will be a destination site that will attract more residents and
visitors to the City and the park. He spoke about what is included in the agreement,
such as the new signage for the park and flexibility to add additional programming.
City Manager Dugger said that if done correctly, this could become an epicenter for
the County. He said that this will be cost beneficial to the City, and spoke about the
different concerns with the project.
Mr. Terrano spoke about the history that he has with the Little League fields. He said
that he has envisioned a field of dreams for every kid.
Commissioner Turkin stated that this is important because this provides for a place
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for kids to go to after school, which will be a safe space and an outlet to go to. He
asked that they use a beautiful Boynton Beach sign with the Arts Fee. He asked how
scholarships will be given out, and how they will be updated.
Mr. Terrano stated that they would like to do a lot of the same events that they do at
the City, such as movie night. He said that they could set up a quarterly sheet to show
the update on scholarships.
Commissioner Hay asked for an expansion on the benefits to District 2, so that they
can get support from that area.
Mr. Terrano explained the different teams and sports that they have contact with. He
spoke about the benefits of touching on all sports, not just baseball.
City Manager Dugger stated that they are going to come up with a comprehensive
plan that the kids in the Police Athletic League will have access to the field as well.
Vice Mayor Cruz asked for kids to be prioritized and that scholarships go to residents
of Boynton Beach as well.
Vice Mayor Cruz asked to have Item 12A moved to after this item. There was
consensus from the Council.
Public Comments:
Karen Mirandy stated that they are adjacent to the Little League Ballpark and said
that they are a good neighbor. She said when they first heard about this change, it
was comparable to winning the lotto, and that they are excited and grateful.
Tom Isabella stated that he has a vested interest as a neighbor and said that this is
a transformational project, and he supports this project. He said that it touched his
heart that they are accommodating kids with disabilities. He spoke about getting kids
involved in the different sports at this location. He said that this is an amazing City.
Kim McCalf stated that the ballfield looks wonderful, and that she is a mother of a
fallen soldier son, and asked if the memorial wall will be coming down. She said that
she will continue to take care of the memorial area.
Susan Oyer stated that she is all for kids to play but that this is the wrong location.
She suggested other areas where they could have the fields. She spoke about the
land that was given to the City that was meant to be cemetery. She asked for a no
vote for this item.
Flynn Holland stated that this is a wonderful park and asked if all the walkways will
be ADA compliant, and if the parking funding is in the City budget to finish the parking.
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She said that the entrance and exit has always been an issue and asked what they
will do with that. She said that turf in Florida molds and asked if they have funding to
replace it.
Luis Maldonado stated that he grew up in an impoverished area, and that the Little
League provided him a home here. He spoke about being a part of the team that won
the National Championship game in 2002. He said that we are being able to have the
opportunity to provide a lot for the children in the community. He spoke about athletic
famous people that came from these fields, and people who have played in that field.
He asked for this to be passed.
Cindy Faldo DeCorrado stated that she loves the idea of a baseball field, but that her
concern is that when she tries to get home, it is ridiculous because of traffic on
Woolbright. She spoke about the issue with the cemetery space, and said that this is
a bad location.
Barbara Ready stated that she had some concerns such as Michael Barrowitz's name
not being in the agreement. She spoke about the 100-foot net needing to be around
the entire field, not just field 1 , and she asked who would pay for this. She said that it
should be stated in the agreement that Little League get priority since they have been
in this area over 70 years. She does not support moving the cemetery to this area.
She is concerned about eliminations of trees, picnic tables, and batting cages.
Ernest Mignoli spoke about the majority of kids in the sports programs not making it
to the big league. He said that education is more important that sports. He stated that
Boynton Beach needs things for kids like food, shelter, safety on the streets, and this
is not important.
Keith Merritt stated that there is no more genuine person than Phil Terrano. He said
that Mr. Terrano is doing this for a great reason, and that he loves this City, and this
is a passion project. He said that he was here at the last meeting and that everyone
wants the best for the City, not a stalemate, and that we need a place for the kids.
Virtual Comments: 4
Gregory Hartmann stated that this is a great project for the City and will be a benefit
and asset to the kids in the community. He said that this is will revitalize this corridor.
He encourages this project.
John McVay stated that his dad served as Board President for close to 16 years and
spoke about the partnerships they have with the Barrowitz Foundation, the memorial
being taken care of, and believing that Mr. Terrano is a man of his word. He spoke
about scholarships.
Mike Pecello stated that he has known Mr. Terrano for almost 10 years and considers
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him a mentor. He said that Mr. Terrano is excited when he speaks about this project.
He spoke about his 11U team that plays at this field. He said that all the kids deserve
this, and he supports this project.
Jeremy Brown spoke about the long-term ratification of Boynton Beach and
maintaining a sense of community. He mentioned that this will make Boynton Beach
better long term.
City Clerk De Jesus read a comment into the record from Paul Stanfield.
Commissioner Kelley said that she would like to see quarterly updates on
scholarships and any issues that they run into.
Motion:
Commissioner Turkin moved to approve Resolution No. R23-019. Commissioner Hay
seconded the motion.
Commissioner Turkin stated that for the Gold Star Family, we should make that place
sacred and we need to maintain it.
Mr. Terrano promised that the memorial wall will remain sacred and will be taken care of
much better than it has been over the years.
Commissioner Hay commented that he is still concerned about the expansion of the
cemetery site, but they have several plans on the table that will come back to the City
Commission. He said that he is supporting the sports complex.
Vice Mayor Cruz asked for clarification if Angel Athletics is coming forward to the
Commission meeting soon to discuss field 1 .
City Manager Dugger responded that is correct and explained when the other agreements
will be coming to the Commission meeting.
Vice Mayor Cruz asked that this is be looked at holistically and asked about the square
footage maximum.
City Manager Dugger stated it could be up to 28K square feet.
The motion passed unanimously.
12A. Proposed Resolution No. R23-021- Approve and authorize the Mayor to
sign the Declaration of Restrictive Covenant restricting the future park
site in the Leisureville subdivision to use as a passive public park.
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Mayor Penserga read the Resolution by title.
City Attorney Cirullo introduced the item and explained what this restrictive covenant
would be for.
Vice Mayor Cruz stated that she looks forward to support from her colleagues. She
said that Leisureville approached her while she was running for Commission. She
asked if there will be no parking signs on the paved road, so that emergency vehicles
can get through.
Mr. Mack responded yes.
Mayor Penserga said that he will support this.
Commissioner Hay stated that this is long overdue, and he will support this.
Commissioner Turkin commended Vice Mayor Cruz for getting this done quickly
when her predecessor did not get it done in 6 years on the Commission.
Commissioner Kelley stated that she supports this.
Public Comment:
Dr. Pacelli spoke in favor of the Resolution.
Jim Cizick thanked Vice Mayor Cruz for her passion and for listening to the
constituents.
Tom Augusta stated that they are all for this proposal, and that there have been
issues with security in the area. He said that they would like no trespassing signs
posted.
Ernest Mignoli stated that people on the Commission are not concerned about where
he is living at, like they are with this area.
Motion:
Vice Mayor Cruz moved to approve Resolution No. R23-021 . Commissioner Kelley
seconded the motion. The motion passed unanimously.
Vice Mayor Cruz thanked the Commission for their support and thanked Leisureville. She
invited residents to the dais to take a group picture.
1OB. Proposed Resolution No. R23-020- Approve and authorize the Mayor to
sign the ARPA Subrecipient Partnership Agreements with Boynton
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Beach's nine (9) public schools for a total amount of $848,500. Below is
a list of the City's public schools:
• Freedom Shores Elementary
• Forest Park Elementary
• Poinciana STEM Elementary
• Galaxy E3 Elementary
• Crosspointe Elementary
• Rolling Green Elementary
• Citrus Cove Elementary
• Congress Middle
• Boynton Beach Community High
Mayor Penserga read the Resolution by title.
Adam Temple, Development Services, introduced the item and stated that $100K will be
earmarked for each school.
Dr. Lacada stated that the City of Boynton Beach schools will all be Title 1, and explained
what Title 1 is. He said that this City has provided more than any other City in the County.
He asked for all of the Principals of the schools in the City to introduce themselves.
Natalie Cromwell, Citrus Cove Elementary School Principal, thanked the Commission and
explained what they will use the funds for.
Tanya McDowin, Poinciana Stem Principal, thanked the Commission and explained what
they will use the funds for.
Nancy Robinson, Forest Park Elementary School Principal thanked the Commission and
explained what they will use the funds for.
Mike Sabatino, Freedom Shores Elementary School Principal, thanked the Commission
and explained what they will use the funds for.
Gia Dorrit, Crosspoint Elementary School Principal thanked the Commission and explained
what they will use the funds for.
Allison Manning, Rolling Green Elementary School Principal thanked the Commission and
explained what they will use the funds for.
Denise O'Connor, Congress Middle School Principal, thanked the Commission and
explained what they will use the funds for.
Anthony Lockhart, Boynton Beach Community High School Principal, thanked the
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Commission and explained what they will use the funds for.
Mr. Lacada introduced his leadership team in the audience.
Commissioner Hay commended everyone that came here. He said that their intention was
to set the bar high in the County. He thanked the Principals for the job that they are doing.
He said that we need to mold and shape the children now.
Vice Mayor Cruz commended the Mayor for spearheading this. She said that she has a
specific request to replace the piano in Congress Middle School.
Commissioner Turkin commended the Mayor and said that this will put Boynton Beach on
the map in the County.
Commissioner Kelley commended the Mayor and said that this is very important.
Mayor Penserga stated that this came about because these were the needs in the
community. He spoke about Title 1 needs, and having the needs to support the schools.
He said that this is an investment, not a gift or a donation. He spoke about homeless kids
in the City, and the agreement that they have with the schools. He thanked the Principals
for what they do.
Public Comments:
Susan Oyer said that this is fabulous and worried about absenteeism. She stated that she
hopes snacks that are given to children are healthy.
Ernest Mignoli stated that it is a good thing when money goes to schools. He said that the
money should go to healthy snacks, safe transportation, and infrastructure in the schools.
Valerie Pleasanton stated that this is wonderful that they are giving the money to the
schools. She said that the schools truly need the money, and that they are not funded well,
so she is grateful for this money.
Cindy Falco DeCorrado stated that she is concerned with one of the schools teaching
Artificial Intelligence and coding. She said that kids should be learning about reading,
writing, and arithmetic.
Motion:
Commissioner Kelley moved to approve Resolution No. R23-020. Vice Mayor Cruz
seconded the motion. The motion passed unanimously.
5. Administrative
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A. Appoint eligible members of the community to serve in vacant positions on
City Advisory Boards.
Vice Mayor Cruz asked if the Alternate can be given to the other applicant A'Keyah
Williams.
Motion:
Vice Mayor Cruz moved to appoint Gregory Hartmann to the Regular position, and
A'Keyah Williams to the Alternate position on the Art Advisory Board. Commissioner Hay
seconded the motion. The motion passed unanimously.
Mayor Penserga announced the open Board positions
Vice Mayor Cruz said Mr. Czizik is already doing the job and helping the seniors.
Motion:
Vice Mayor Cruz moved to appoint James Czizik to the Regular position on the Senior
Advisory Board. Commissioner Kelley seconded the motion. The motion passed
unanimously.
Motion:
Commissioner Hay moved to appoint Reena Gallagher to the Alternate position on the
Senior Advisory Board. Commissioner Kelley seconded the motion. The motion passed
unanimously.
6. Consent Agenda
A. Approve a 7% increase (or $28,220.30) to the contract for services
associated with the Landscape Maintenance Services contract for Medians
and Right-of-Ways, Bid No. 033-2730-20/RW performed by Batallan
Enterprises, Inc. dba Property Works. The contract will total$436,718.27
after the increase.
B. Authorize a budget amendment to transfer funds in the amount of$222,184
from Utilities Capital Improvement Fund Account 403-5000-535-64.15
project UC2101 to project UC2202. These funds will be used for the
purchase for OT Cyber and Network Design Services for GrayMatter
Systems, LLC, which was approved by Commission at the December 6,
2022 meeting.
C. Proposed Resolution No. R23-017 - Approve an amendment to Resolution
R23-005 by amending Exhibit "A."
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The FY 2022-23 budget amendment submitted and approved on January
3, 2023 will adjust budgeted appropriations and revenue sources and
provide spending authority for the General Government Capital
Improvement Surtax Fund (303), the Utility Capital Improvement Fund
(403), and the Golf Capital Improvement Fund (412).
D. Proposed Resolution No. R23-018 - Approve the temporary lane closures
in the 2000 Block of State Road 5 (Federal Hwy) - 700 feet of the right lane
heading Northbound and 400 feet of the left lane heading Southbound on
Tuesday, July 4, 2023 for the annual 4th of July event, and authorize the
City Manager, or designee, to apply for the State permit for the temporary
road closure.
E. Accept the written report to the Commission for purchases over $10,000
for the month of January 2023
F. Approve the one-year extension for RFPs/Bids and/ or piggy-backs for the
procurement of services and/or commodities under $100,000 as described
in the written report for February 21 , 2023 - "Request for Extensions and/or
Piggybacks."
G. Approve minutes from the February 7, 2023 City Commission Meeting.
Motion:
Vice Mayor Cruz moved to approve the consent agenda. Commissioner Hay seconded
the motion. The motion passed unanimously.
7. Consent Bids and Purchases over $100,000
A. Approve the purchase of seven (7) replacement vehicles that were
approved in the FY22-23 budget for an estimated amount of $374,710 by
utilizing the Florida Sheriffs Contract FSA22-VEL30.0.
B. 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 February 21, 2023 - "Request for Extensions and/or
Piggybacks."
Motion:
Vice Mayor Cruz moved to approve the Consent Bids and Purchases over $100,000.
Commissioner Kelley seconded the motion. The motion passed unanimously.
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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 Ordinance No. 23-001- Second Reading -Approve modifications
to the existing methodology for the Payment in Lieu of Workforce Housing
Units program; to include an FAR bonus; and to clarify the receiving areas
for height, FAR, and density bonuses (CDRV 23-001) by amending LAND
DEVELOPMENT REGULATIONS, Chapter 1. Art II. Sec 2.C.I1. In-Lieu and
Off-Site Options (related to the Workforce Housing Program).
City Attorney Cirullo read the Ordinance by title.
Amanda Radigan, Planning and Zoning Director, stated that there have been no
changes since first reading.
Motion:
Commissioner Hay moved to approve Ordinance No. 23-001 at Second Reading.
Commissioner Kelley seconded the motion.
Public Comment:
Ernest Mignoli stated that he does not approve of this.
In a roll call vote, the motion passed unanimously.
B. Proposed Ordinance No. 23-003 - Second Reading-Approve modifications
(CDRV 23-003) amending the LAND DEVELOPMENT REGULATIONS,
Chapter 2. Land Development Process, Article II. Planning and Zoning
Division Services, Section 2. Standard Applications, to establish a process
for proposed Development Agreements.
City Attorney Cirullo read the Ordinance by title.
Public Comment:
Ernest Mignoli stated that he does not approve of this.
Motion:
Commissioner Hay moved to approve Ordinance No. 23-003 at Second Reading.
Commissioner Kelley seconded the motion. In a roll call vote, the motion passed
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unanimously.
C. Proposed Ordinance No. 23-005- First Reading - Approve The Pierce
request for Rezoning (REZN 22-001) from Central Business District (CBD)
to Mixed-Use Core (MU-C), property generally located at the intersection
of East Ocean Avenue and North Federal Highway. Applicant: Jeffery
Burns, Affiliated Development.
City Attorney Cirullo stated that there will be a single presentation for Items C-H, but
the vote on the two ordinances and the other items can only be passed when the
Ordinance is read at Second Reading, so they will need to be tabled. He read the
Ordinance by title. He swore in anyone that may speak on this item.
Jeff Burns, CEO of Affiliated Development, spoke about the following: economic
impact, providing workforce housing, which will include 150 public parking spaces.
He presented a picture of the site and spoke about working with City Staff and the
community.
City Manager Dugger asked about investment into the City.
Mr. Burns spoke about pension funds, and investments into the pension funds with
the City. He spoke about PPP.
Mr. Burns showed a project video and spoke about the following: commercial on
Ocean Avenue; parking in the middle of the site for safe access; focused on pulling
the community in for a nice sense of connectivity; game area; parking garage; Dewey
Park; prominent sense of arrival; landscape buffer variance; applications; rezoning
from central business district to mixed use core; master plan and major site plan; new
master plan and new major site plan; and abandonments.
Elliot Young spoke about following: the four community design appeals; north garage
elevation; south garage elevation; east garage elevation; and west garage elevation.
Mr. Burns spoke about the following: height exception for the parking garage; site
map of the area; renderings of the building; and art in public space. He mentioned
working with the owner of the Ace Hardware Store and dealing with their comments
and concerns. He commented about requiring the written consent of the nearby
property owner, so they are requesting that this condition be removed. He said that
they are a local developer and making sure that they take care of their residents is
critical for them.
Ms. Radigan commented about denial and approval of variances and revising the
condition if the Commission would like to do the change.
Commissioner Turkin thanked staff and Affiliated for the presentation and getting
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involved with the community from the beginning. He said that it is a little bit dense for
that area and asked if there was going to be 150 workforce housing units.
Mr. Burns confirmed it would be 150 units.
Nick Rojas, from Affiliated Development, said the 1 bedroom will be $1380 and 2
bedrooms will be $1656, based on HUD. He spoke about the workforce salary
ranges.
Commissioner Turkin stated that this is most of the working class in Boynton Beach.
He said that he would like the people who work in Boynton Beach to be targeted.
Mr. Rojas said that they are committed to doing that.
There was discussion regarding the issues with Ace Hardware Store.
Commissioner Turkin stated that he appreciates the local touch with the artwork.
Vice Mayor Cruz reiterated the public benefits to the community, the public parking
spots and the workforce housing units. She asked how much can a unit increase per
year for the workforce units.
Mr. Rojas stated that they follow the HUD guidelines.
Vice Mayor Cruz requested a green wall from the top floor to the bottom floor.
Mr. Burns stated that they will put a green wall on elevated floors, because some
areas might not get enough sunlight.
Ms. Radigan spoke about two conditions of approvals that are required.
There was discussion regarding the following: units in perpetuity; the alleyway; trash
pickup; traffic; workforce housing and commuting; responsible for any damage to
pipes; and lighted artwork on the garage.
Commissioner Kelley thanked them for wanting to come to Boynton Beach and
addressing the issues and concerns they had.
Commissioner Hay asked if the boardwalk and Ace Hardware properties become
available, would there be interest.
Mr. Burns responded yes, because of the investment that they are putting into the
project and the area.
Commissioner Turkin commended Affiliated for accommodating the ice cream shop
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in the area and working with the community.
Mayor Penserga stated that he is excited to see this being built.
Public Comment:
Bonnie Miskel spoke on behalf of three of the property owners and gave a history
about these companies and working with Affiliated. She spoke about the
abandonment concerns from the companies she represents, that are shown on
"Exhibit A."
Valerie Pleasanton, Ace Hardware owner, stated that she has been speaking to
Affiliated for the last few days, but have not been prior to this. She said that she would
not like the condition of approval to be removed. She spoke about needing to get out
on 4th Avenue, which they need for their business.
Kim Kelley, owner of Hurricane Alley, stated that Affiliated keeps their word. She
spoke about the history of her company. She explained the appeal to the project, and
said that it is time to say yes to the project.
Don Georges, Electrical Engineer, said that he echoes Ms. Kelley's comments. He
explained the amenities that are needed and Affiliated giving what the area needs.
He spoke positively about the men working for Affiliated, and about investments to
the area with this project. He said that they should approve this project.
Barbara Ready stated that her friend Valerie from Ace Hardware does not agree with
this. She spoke about plants behind Hurricane Alley. She said that they are fighting
the alleyway.
Courtland McGuire stated that this project checks a lot of boxes. He said that they
recommended to work with Ace Hardware and it should be an easy fix. He said that
they voted yes on the condition at the P&D Meeting 3-2.
Ernest Mignoli stated that this is overdevelopment, and there will be accidents and
traffic. He said that he is concerned with the Commission doing what they want to do.
He spoke about crime in the area.
Ms. Radigan spoke about the proposal for the abandonment request and access
through the site in conjunction with the abandonment.
There was further discussion regarding abandonment of the alleyway; abandonment
of a right-of-way and allow cross access agreement; redesigning the project over the
past few years; continuing working with the other property owners; rezoning the two
pieces between the alleyway; requiring additional variances if one item does not work
out; treating all business owners with respect; access to 4th Street; language
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regarding the condition to continuing working with other businesses; possible cross
access agreement; and accommodating local businesses.
Motion:
Vice Mayor Cruz moved to approve Ordinance No. 23-005 at First Reading.
Commissioner Turkin seconded the motion. In a roll call vote, the motion passed
unanimously.
D. Proposed Ordinance No. 23-006- First Reading. Approve request for
Abandonment of the 225-foot long segment of the 20-foot wide right-of-
way located within the northern section of the proposed The Pierce
development approximately 175 feet south of the East Boynton Beach
Boulevard centerline (a.k.a. "North Alley") (ABAN 22-001), the 225-foot
long segment of the 40-foot wide NE 1st Avenue right-of-way (ABAN 22-
002), and the 335.02-foot long segment of the 20-foot wide right-of-way
located within the southern section of the proposed The Pierce
development, approximately 150 feet north of the East Ocean Avenue
centerline (a.k.a "South Alley") (ABAN 22-003). Applicant: Jeffery Burns,
Affiliated Development.
Motion:
Commissioner Hay moved to approve Ordinance No. 23-006 at First Reading.
Commissioner Kelley seconded the motion. In a roll call vote, the motion passed
unanimously.
E. Approval of Variance (ZNCV 23-002) of Part III, Chapter 4, Article II,
Section 4.B.3.c — Urban Landscape Buffer (Type 2), to grant a variance of
seven (7) feet from the required twelve (12) foot buffer, to allow for a five
(5) foot wide landscape buffer, and the elimination of the requirement to
provide a six (6) foot tall masonry wall.
Motion:
Vice Mayor Cruz moved to table this item to the March 9, 2023 Commission Meeting.
Commissioner Hay seconded the motion. The motion passed unanimously.
F. Approve request for a New Master Plan (MPMD 22-005) and New Major
Site Plan (NWSP 22-004) for The Pierce mixed-use development to
allow the construction of an eight (8)-story building with 300 dwelling units,
17,089 square feet of commercial space, associated recreational
amenities, and parking on a 3.04 acre site, located generally at the
intersection of East Ocean Avenue and North Federal Highway. Applicant:
Jeffery Burns, Affiliated Development.
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Motion:
Vice Mayor Cruz moved to table this item to the March 9. 2023 Commission Meeting.
Commissioner Hay seconded the motion. The motion passed unanimously.
G. Approve request for four (4) Community Design Appeals (CDPA 22-002,
23-006, 23-007, & 23-008) of Chapter 4, Article III, Section 6.F.2.c,
Freestanding Parking Garages, which prohibits freestanding parking
garages from having frontage on any arterial or collector roadway, to allow
for alternative design solutions for the freestanding parking garage as
proposed, for The Pierce mixed-use project in the MU-C (Mixed-Use Core)
zoning district. Applicant/Agent: Jeffery Burns, Affiliated Development.
Motion:
Vice Mayor Cruz moved to table this item to the March 9, 2023 Commission Meeting.
Commissioner Hay seconded the motion. The motion passed unanimously.
H. Approve request for Height Exception (HTEX 23-001) to allow the
freestanding parking garage egress staircase of the The Pierce mixed-use
project to be constructed at 77 feet 11 inches, 2 feet 11 inches above the
maximum allowable height of 75 feet in the MU-C (Mixed-Use Core) zoning
district. Applicant/Agent: Jeffery Burns, Affiliated Development.
Motion:
Vice Mayor Cruz moved to table this item to the March 9, 2023 Commission Meeting.
Commissioner Hay seconded the motion. The motion passed unanimously.
Vice Mayor Cruz requested a recess at 11:11 P.M.
Mayor Penserga resumed the meeting at 11:30 P.M.
I. Approval of a Major Master Plan Modification for Boynton Beach Town
Square to amend the number of proposed dwelling units, project phasing,
and allow for additional commercial area. Applicant: Robert Singer, Time
Equities, INC.
Mayor stated that Items 8 I-M will be presented simultaneously.
City Attorney Cirullo explained each item and how the motions should be done. He
read the Ordinance title into the record.
City Manager Dugger stated that Staff has been working hard on this project, and he
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recognized staff that has worked on this item. He mentioned the different issues they
have gone through with this project.
Ms. Rossmell stated that this ordinance is a 2nd hearing and spoke about the following
regarding Town Square as follows: history; and legal status.
Ms. Radigan spoke about the following regarding Town Square: master plan
overview; phasing and responsibility; public phases (4); and public phases (1).
Bradley Miller, Urban Design Studio, spoke about the following: Master Plan: private
partnership; Time Equities, Inc.; Casa Mara; pictures of development site; approved
master plan; proposed master plan; site data and project summary; code vs
proposed; additional commercial; water and sewer capacity; traffic; parking; and
traffic impact analysis; parking spaces required; north building- Boynton Beach and
Seacrest; north building- south view; street view- SE 2nd Avenue; street view-Boynton
Beach Blvd.; economic impact; and questions.
Robert Singer stated that the staff has been amazing. He said that they really do
understand what the residents want this to be. He mentioned that they are here for
the long run.
Commissioner Kelley stated that she appreciates their willingness to work with staff
to see this through.
Mayor Penserga asked if there was another presentation.
Ms. Radigan stated that Ms. Rossmell still had a presentation to present.
Ms. Rossmell spoke about the following regarding legal: Development Agreement;
parking agreement; temporary parking easement; continuing parking lease
agreements; operating expenses; the City must...; the City can...; the City cannot...;
the Owner must...; and the Owner can...
There was discussion regarding parking hours; employees using parking spaces;
parking garage rules; percentage of hours that the City has control over parking
spaces; City hall employee parking dedication; overnight parking; parking during City
events and commercial spaces; terminology could make a big difference; and
calculation of parking spaces.
Mayor Penserga asked if the 30 years for replacement of the parking garage is
standard.
Ms. Rossmell explained that this is to make sure that there is sufficient parking.
Mr. Singer said it is standard.
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Ms. Rossmell continued her presentation as follows: The owner cannot...; what if the
owner defaults; what if the City defaults; assignment and liability; increases our level
of protection; additional legal items; escrow agreement; and next steps-tonight's
requests.
Ms. Radigan spoke about next steps.
There was discussion regarding the development agreement lender requiring the
development agreement to be subordinate to the construction financing; and master
plan modifications and amending the development to have more units- 20 units per
phase.
Public Comments:
Cory Gray, with E2L, spoke about subsections L & K. He spoke about E2L being a
part of this project and a separate agreement with JKM, and E2L was not part of this.
Courtland McGuire stated that prior management got us in this mess. He said that
this is going to define their term, and said that when this is built, not a lot of people
are going to look favorable at this, because it is just more rentals. He said that P&D
recommended no, because it is too dense.
Harry Woodworth stated that we need to salvage the situation, and this seems like a
deal that can move forward. He mentioned that they have the financing and they are
here.
Ernest Mignoli stated that the first project wound up in litigation and legal fees.
Virtual speakers: 2
Mark Myer stated that he is the president of Inca, and said that he would like the
Commission to entertain this with a limit to the density.
Michael Wilson stated that he likes the setbacks, and agrees that the density is a bit
on the high side. He explained what he likes about this project, and asked for a
minimized density. He said that he appreciates Time Equities adding to the retail.
There was discussion regarding the idea of considering some type of metric for the
density, acknowledging the developer is asking for less than what is allowed as of
now, and by right, they could ask for more.
Mr. Singer stated that there are 64 units that they are not going to apply for, they are
maintaining the units at 898.
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Vice Mayor Cruz asked for it to be a part of the agreement.
There was discussion regarding what Mr. Singer has said, that they will not come
back to request more units; maybe adding this to the site plan as a condition; site
plan being consistent to the master plan; minor modifications do not have to come
back to the Commission, they are reviewed by staff; language in the master plan will
say 898, and the Commission can say no if it does not say that.
Motion:
Commissioner Hay moved to approve a Major Master Plan Modification for Boynton
Beach Town Square to amend the number of proposed dwelling units, project
phasing, and allow for additional commercial area. Commissioner Kelley seconded
the motion. The motion passed unanimously 4-0, with Commissioner Turkin not
responding.
J. Proposed Resolution No. R23-022- Approve and authorize the Mayor to
sign the Temporary Parking Easement Agreements and all documents
associated therewith between the City of Boynton Beach and Boynton
Beach Town Center Apartments, LLC.
Motion:
Vice Mayor Cruz moved to approve Resolution No. R23-022. Commissioner Kelley
seconded the motion. The motion passed unanimously 4-0, with Commissioner Turkin
not responding.
K. Proposed Resolution No. R23-023- Approve and authorize the Mayor to
sign a Continuing Parking Lease Agreements (North and South) between
the City of Boynton Beach and the Boynton Beach Town Center
Apartments, LLC.
Motion:
Commissioner Hay moved to approve Resolution No. R23-023. Vice Mayor Cruz
seconded the motion. The motion passed unanimously 4-0, with Commissioner Turkin
not responding.
L. Proposed Resolution No. R23-024 - Approve and authorize the Mayor to
sign the Escrow Agreement and any and all documents associated
therewith between the City of Boynton Beach and Boynton Beach Town
Center Apartments, LLC., and Goren, Cherof, Doody & Ezrol, P.A., as
Escrow Agents.
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Motion:
Commissioner Hay moved to approve Resolution No. R23-024. Vice Mayor Cruz
seconded the motion. The motion passed unanimously 4-0, with Commissioner Turkin
not responding.
M. Proposed Ordinance No. 23-004- Second 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.
Motion:
Commissioner Kelley moved to approve Ordinance No. 23-004 at Second Reading.
Commissioner Hay seconded the motion. In a roll call vote, the motion passed
unanimously 4-0, with Commissioner Turkin not responding.
9. City Manager's Report- None
10. Unfinished Business
A. Proposed Resolution No. R23-019- Approve and authorize the Mayor to
sign a First Amendment to Comprehensive Agreement for Ground Lease
and Training Facility with Primetime Sports Group, LLC to amend the
original Agreement to increase the allowable size of the Facility, update the
Conceptual Site Plan, and increase the amount of time for substantial/final
completion.
Item moved to the beginning.
B. Proposed Resolution No. R23-020- Approve and authorize the Mayor to
sign the ARPA Subrecipient Partnership Agreements with Boynton
Beach's nine (9) public schools for a total amount of $848,500. Below is a
list of the City's public schools:
• Freedom Shores Elementary
• Forest Park Elementary
• Poinciana STEM Elementary
• Galaxy E3 Elementary
• Crosspointe Elementary
• Rolling Green Elementary
• Citrus Cove Elementary
• Congress Middle
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• Boynton Beach Community High
Item moved to the beginning.
11. New Business-None
12. Legal
A. Proposed Resolution No. R23-021- Approve and authorize the Mayor to
sign the Declaration of Restrictive Covenant restricting the future park
site in the Leisureville subdivision to use as a passive public park.
Item moved to the beginning.
13. Future Agenda Items
A. Update on EcoPark, requested by Commissioner Kelley. - March 9, 2023
B. Consider revised local rules for approval. - March 21, 2023
C. Continue discussion on adding a new sister city, requested by
Commissioner Turkin - March 2023
D. Discussion regarding American Rescue Plan Funds, requested by Mayor
Penserga - TBD
E. Discussion regarding installing a coral reef at Oceanfront Park, requested
by Commissioner Turkin - TBD
F. Review Advisory Board Ordinance, requested by Commissioner Kelley. -
TBD
G. Discussion regarding future cemetery lots in Boynton Beach, requested by
Commissioner Hay- TBD
H. Discussion for Ordinance regarding tints for paraphernalia shops,
requested by Commissioner Turkin - TBD
I. Look into lowering or waiving arts impact fees for small businesses,
requested by Commissioner Turkin- TBD
J. Discussion regarding changing minimum requirements for traffic studies,
requested by Commissioner Turkin- TBD
K. Update regarding speedbumps throughout the City, requested by
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Commissioner Turkin-TBD
L. Discussion regarding bringing more jobs to the City at former ToysRUs
site, requested by Commissioner Turkin- TBD
Motion:
Commissioner Cruz 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 1:41 A.M.
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