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Minutes 02-17-2026 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 17, 2026, at 6:00 P.M. Present: Mayor Rebecca Shelton Daniel Dugger City Manager Vice Mayor Woodrow L. Hay Shawna Lamb, City Attorney Commissioner Angela Cruz Maylee De Jesus, City Clerk Commissioner Thomas Turkin Commissioner Aimee Kelley 1. Openings A. Call to Order Mayor Shelton called the meeting to order at 6:00 P.M. Roll Call City Clerk Maylee De Jesus called the roll. Invocation by Vice Mayor Woodrow Hay. Vice Mayor Hay provided the Invocation. Pledge of Allegiance to the Flag led by Mayor Rebecca Shelton The Pledge of Allegiance was led by Mayor Shelton. Agenda Approval: 1. Additions, Deletions, Corrections City Manager Dugger requested that a discussion regarding upcoming Budget Workshops be added to the agenda. 2. Adoption Motion: Commissioner Cruz moved to approve the agenda, as amended. Vice Mayor Hay seconded the motion. The motion passed unanimously. 2. Other City Commission Meeting Boynton Beach, FL February 17, 2026 A. Information Items by members of the City Commission. City Commissioners to disclose any informational items to the public. Vice Mayor Hay acknowledged the passing of Jesse Jackson and reflected on his civil rights legacy. He also highlighted the accomplishments of Gladys West and noted that her contributions to GPS technology changed the world. 3. Announcements, Community and Special Events And Presentations A. Boca Raton Bowl Presentation. Justin Johnson, Marketing and Outreach Manager introduced Doug Mosley of the Boca Raton Bowl. Mr. Mosley presented a video and thanked the City for its continued support. He distributed commemorative footballs and promotional items as a token of appreciation. B. Proclamation- 211 Awareness Month. Mayor Shelton read the proclamation into the record. Elizabeth Burrows accepted the proclamation and expressed appreciation for the City's recognition. She shared that 211 had received a significant number of calls over the past year and emphasized the organization's role in connecting residents to critical services. C. Proclamation- The Lord's Place March to End Homelessness Awareness Day. Mayor Shelton read the proclamation into the record. John Gilmore accepted the proclamation and thanked the Commission for its support. He explained the services that The Lord's Place provides and described the population served within the community. 4. Public Audience Susan Oyer stated that she was concerned that Item 8B could lead to the destruction of mangroves and additional loss of greenspace. She referenced drought conditions and urged the Commission to table or deny the item. She also commented on a recent forest cleanup event. Mack McCray stated that the City supports freedom of speech and referenced signage displayed throughout District 2. He asked when Boynton Beach would celebrate the 250th anniversary of America. Charles Hunt remarked that residents should have the ability to manage their own properties and referenced civil rights legislation. He indicated that the City must comply City Commission Meeting Boynton Beach, FL February 17, 2026 with existing governmental regulations. Mario Muzzi stated that he owns a paving company and described challenges associated with the ordinance prohibiting parking on swales. He noted that citations had been issued to employees and expressed that the blanket application of the ordinance created difficulties for businesses and residents. Marty Garvey explained that he resides at High Point Condominiums and described a patio expansion project that was halted after Building Code review. He provided background regarding prior approvals and questioned why a survey was required for a barrier wall related to FDOT property. Barbara Ready commented on an ordinance under consideration and expressed concern about continued loss of greenspace within the City. Tom Isabella stated that he supported Mr. Garvey and encouraged review of the City's code and fee structure. He suggested that a task force could evaluate development processes. Kathy (last name not provided)stated that she had concerns about the parking ordinance, advisory board waiver requests, and an easement item listed as 6C. She expressed opposition to Items 8A and 8B. Ray Whitely thanked staff for engagement at the Carolyn Sims Center and noted that residents continued to raise concerns regarding the parking ordinance, cemetery space, and the need for a park at the Hester Center. 5. Administrative A. Request for a waiver of appointment requirements for Advisory Boards. City Attorney Lamb advised that the Community Redevelopment Advisory Board was established by resolution rather than ordinance and recommended that it be incorporated into the Advisory Board Ordinance. B. Advisory Board Appointments Motion: Commissioner Turkin moved to approve Kim Kelly as a Regular Member of the CRA Advisory Board. Commissioner Kelley seconded the motion. In a voice vote, the motion passed unanimously. Motion: Commissioner Turkin moved to Sesha Ramdhan as the Regular Member of the Education and Youth Advisory Board. Vice Mayor Hay seconded the motion. In a voice vote, the City Commission Meeting Boynton Beach, FL February 17, 2026 motion passed unanimously. Motion: Mayor Shelton moved to approve Mark Stephenson as the Regular Member of the Senior Advisory Board. Commissioner Kelley seconded the motion. In a voice vote, the motion passed unanimously. Motion: Commissioner Cruz moved to table the appointment of William Perkins as the Regular Member of the Senior Advisory Board. Commissioner Turkin seconded the motion. In a voice vote, the motion passed unanimously. 6. Consent Agenda A. Proposed Resolution No. R26-023- Approve the Renewal Letter extending the Interlocal Agreement between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency for funding an on- demand transportation services pilot program for a one-year period. B. Proposed Resolution No. R26-024- Approving the First Amendment to the Interlocal Agreement for the Public Safety Radio System between the City and Palm Beach County. C. Proposed Resolution No. R26-025- Approve a Utility Easement Encroachment Agreement between the City of Boynton Beach and BB1 Development, LLC to allow the developer to install private water service lines within a 10-foot utility easement dedicated to the City of Boynton Beach. D. Proposed Resolution No. R26-026- Approving the Settlement Agreement and Full and Final General Release in the matter of Bria Smith v. City of Boynton Beach, totaling $75,000. E. Commission Meeting Minutes. Motion: Commissioner Turkin moved to approve the consent agenda. Vice Mayor Hay seconded the motion. In a voice vote, the motion passed unanimously. 7. Consent Bids and Purchases A. Proposed Resolution No. R26-027- Approving the sole source purchase of software licenses with Peregrine Technologies, Inc., in an amount not to exceed $370,900. City Commission Meeting Boynton Beach, FL February 17, 2026 B. Proposed Resolution No. R26-028- Approve Amendment No. 1 to the Piggyback Agreement between the City and IPS Group, Inc. for parking management solutions for the City's parking enforcement services. C. Proposed Resolution No. R26-029- Approving Task Order No. GESPW- 1 B-04-25 with CDM Smith, Inc. for Construction Engineering Inspection and Resident Compliance Support Services for the SE 1st Street Streetscape Project in the amount of$428,400, plus a 10% allowance of $42,840, for a total not-to-exceed amount of $471,240. Proposed Resolution No. R26-030- Approving a Budget Amendment to CIP Fund 303 to increase Project TR2001 by $283,875. Motion: Vice Mayor Hay moved to approve the Consent Bids and Purchases. Commissioner Kelley seconded the motion. In a voice vote, the motion passed unanimously. 8. Public Hearing A. Proposed Ordinance No. 26-004- First Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, Amending Chapter 2, Article I, Section 2 "Types of Land Development Applications;" and Chapter 2, Article II, Section 4.B "Community Design Appeal" to add an administrative approval process; providing for codification; conflicts; severability; and an effective date. City Clerk De Jesus read the ordinance title into the record. Kevin Fischer, Planning and Zoning Division Director, presented the following: Overview; Purpose; Community Design Appeal Overview; and Recommendation. Mayor Shelton opened public comment. Kathy Burris recommended that the item be delayed until second reading to allow residents additional time to review the proposal. She expressed concern about the amendment and conveyed that residents should be more informed, noting that the City's website is difficult to navigate. Mayor Shelton closed public comment. Motion: Commissioner Turkin moved to approve Ordinance No. 26-004 on first reading. Vice City Commission Meeting Boynton Beach, FL February 17, 2026 Mayor Hay seconded the motion. In a roll call vote, the motion passed 4-1, with Commissioner Cruz dissenting. B. Proposed Ordinance No. 26-005- First Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, amending Ordinance No. 08-007 by amending Policy 4.5.3 of the Comprehensive Plan's Conservation Element of the City of Boynton Beach, Florida, to implement a payment in lieu option for conservation lands; providing a business impact statement; providing for severability, conflicts, and providing for an effective date. City Clerk De Jesus read the ordinance title into the record. Kevin Fischer, Planning and Zoning Division Director, presented the following: Policy 4.5.3; Purpose; Overview; and Recommendation. Commissioner Turkin stated that the initiative would create a funding mechanism for the City to acquire environmentally sensitive properties. He remarked that such a tool was overdue and would establish a dedicated source for preservation. He indicated that he supported moving forward and looked forward to additional state feedback and refinement of the program's scope. Commissioner Cruz stated that the amendment would weaken existing environmental protections by allowing payment in lieu of preserving at least 25 percent of native habitat on A-rated sites. She expressed concern that onsite preservation would no longer be guaranteed and urged caution. Amanda Radigan, Development Director, clarified that the Comprehensive Plan still requires that at least 75 percent of rated ecosystem sites citywide be maintained and stated that the payment-in-lieu option would not create a net deficiency in that requirement. Deputy City Manager Adam Temple clarified that the City does not have delegated authority for mangrove mitigation and explained that such jurisdiction lies with other agencies. He noted that mangrove mitigation would not be impacted by the proposed program. Mayor Shelton opened public comment. Barbara Ready asked whether the City could accept payment in exchange for mangrove property. In response to Ms. Ready's comment, City Manager Dugger indicated no. Mark Karageorge stated that Palm Beach County has implemented a similar program for several years and remarked that following the County's guidelines would result in a benefit to all parties. He indicated that the program would generate some revenue but would not create a windfall and City Commission Meeting Boynton Beach, FL February 17, 2026 urged that it be kept in perspective. Kathy Burris stated that she would like a clearer understanding of the amendment and questioned why the ordinance was being advanced on first reading. She expressed concern about the effectiveness of public comment and asked how ordinances are initiated and how a resident could propose one. Motion: Commissioner Turkin moved to approve Ordinance No. 26-005 on first reading. Vice Mayor Hay seconded the motion. In a roll call vote, the motion passed 4-1, with Commissioner Cruz dissenting. C. Variance (ZNCV 2025.07.4717) for Estancia at Boynton Beach Homeowners Association, Inc. located at 3200 Estancia Lane. D. Major Site Plan Modification (MSPM 2025.07.4717)for Estancia at Boynton Beach Homeowners Association, Inc. located at 3200 Estancia Lane. City Clerk De Jesus swore in those intending to speak. Commissioner Cruz said regarding Item 8C and 8D that she had not had any ex-parte communication, had not received written communication, had not conducted an investigation, had not made a site visit, and had not received expert opinions. She requested that these disclosures and all written communications be made a part of the record. Vice Mayor Hay said regarding Item 8C and 8D that he had not had any ex-parte communication, had not received written communication, had not conducted an investigation, had not made a site visit, and had not received expert opinions. He requested that these disclosures and all written communications be made a part of the record. Commissioner Turkin stated that all City Commission members received an objection letter via email. Commissioner Turkin said regarding Item 8C and 8D that he had spoken with Tom Carney, legal representative for Estancia, and had received written communication from Michael Wiznesky regarding a formal objection related to the items. He stated that he had no further disclosures. Commissioner Kelley said regarding Items 8C and 8D that she had not had any ex-parte communication, although she had received a voicemail message from Tom Carney and had received written communication from Michael Wiznesky. She stated that she had not conducted an investigation, had not made a site visit, and had not received expert opinions. She requested that these disclosures and all written communications be made City Commission Meeting Boynton Beach, FL February 17, 2026 part of the record. Mayor Shelton said regarding Item 8C and 8D, that she did have ex-parte communication, have received written communication, had not conducted an investigation, had not made a site visit, and had not received expert opinions. She stated that she did speak to Attorney Tom Carney, and did receive emails. She requested that these disclosures and all written communications be part of the record. City Attorney Lamb clarified that all Commissioners had received the objection and stated that it had been made a part of the record. City Clerk De Jesus read the ordinance titles into the record. Staff requested that the applicant present first. Tom Carney introduced the applicants presented the following: Purpose of Meeting; Area in Question; Signage; Street Side Fence: Looking Down Bamboo Lane; 815 Bamboo Lane; Fence 2024; and Proposed Fence. Yazan Bata, Planning and Zoning Division, presented the following: Location Map; Background; Staffs Recommendation; and Questions. Commissioner Kelley stated that it was difficult to determine whether two fences currently exist and remarked that a concrete wall may be less desirable than foliage. She asked whose fence the metal structure belongs to and where the proposed wall would be located. Mr. Bata clarified that the existing fencing consists of two components and explained the relief being requested. Amanda Radigan, Development Director, stated that the code requires a buffer and explained the nature of the variance request. She addressed the objection letter and clarified staffs recommendation. City Attorney Lamb stated that the City Commission must apply the code as written and noted that the affidavit had been provided. She explained that the City Commission has authority to grant or deny the variance based on the applicable standards. Mayor Shelton commented that it did not appear fair to revisit the requirement after 20 years. Ms. Radigan responded that the buffer requirement existed at the time of the original approval. E. Anthony Wilson stated that he was present approximately 20 years ago and explained City Commission Meeting Boynton Beach, FL February 17, 2026 that the concrete wall was not constructed at that time due to the location of a sewer line. Mayor Shelton opened public comment. Peter Carney stated that the request represents a reasonable compromise and referenced the cost associated with constructing a concrete wall. Hawkin Ganis expressed concern about the estimated cost and referenced prior approvals from 2009 that could not be located. He questioned staffs recommendation and asked who would assume responsibility if structural issues arise. Michael Wiznesky stated that he preferred a concrete wall over a vinyl fence and described prior incidents that he attributed to the absence of the wall, including grading and water discharge concerns. Donte Fragredy stated that a concrete wall would create an undue burden on Estancia residents. Lori Albensen expressed support for the community and asked that residents not be subjected to a significant financial burden. Mayor Shelton closed public comment. Mr. Carney reiterated that the request was not self-imposed and stated that the issue concerns whether construction of a concrete wall is necessary. He explained that landscaping on both sides of the boundary may provide a more effective solution and noted the proximity of the sewer line. Commissioner Turkin stated that he would approve contingent upon the staff conditions of the landscape buffer. Vice Mayor Hay asked whether there were objections to the proposed conditions. Mr. Carney said they had no objections to the proposed conditions. Ms. Radigan clarified the buffer requirement and stated that Utilities had reviewed the matter. She stated that the code required one 6-foot wall. City Attorney Lamb explained that issuance of a certificate of occupancy does not eliminate compliance requirements under the code. Motion: Commissioner Turkin moved to approve the Variance for Estancia at Boynton Beach, contingent on the Conditions of Approval required by staff as outlined. Commissioner City Commission Meeting Boynton Beach, FL February 17, 2026 Cruz seconded the motion. In a roll call vote, the motion passed 4-1, with Commissioner Kelley dissenting. Mayor Shelton opened public comment on Item 8D. Hawkin Ganis stated that the accuracy of the survey had been called into question and expressed that staff appeared focused solely on requiring construction of a wall. Mayor Shelton closed public comment. Motion: Commissioner Turkin moved to approve the Major Site Plan Modification for Estancia at Boynton Beach, contingent upon satisfying all conditions indicated in Exhibit D- Conditions of Approval. Commissioner Cruz seconded the motion. In a roll call vote, the motion passed unanimously. 9. City Manager's Report 10. Regular Agenda A. Budget Workshops The item was added to the agenda. Mayor Shelton confirmed that the Budget Workshop would be held on Tuesday, June 30, 2026, and that July 8 and July 9 would remain tentative if additional time is needed. Commissioner Turkin asked about the proposed legislative break schedule. It was recommended that the July 21 meeting and the first meeting in August serve as the legislative break period. City Manager Dugger stated that the break could potentially be extended, but expressed that one full day for the workshop should be sufficient. Commissioner Turkin asked whether Item 11F would remain on the agenda. Commissioner Cruz stated that she had contacted the individuals who requested the meeting and indicated that it would be acceptable to remove Item 11F. Vice Mayor Hay requested an update regarding Item 11B. 11. Future Agenda Items A. Quarterly joint City/CRA coordination meeting - April 14, 2026, prior to the regular CRA Meeting. Requested by City Commission and CRA Board. City Commission Meeting Boynton Beach, FL February 17, 2026 B. Discussion regarding combining City properties together to create senior affordable housing.- TBD. Requested by Vice Mayor Hay. C. Discussion regarding requirements to construct required sidewalks and exemptions as outlined in Land Development Regulations, Chapter 4, Article VIII, Section 3 Standards, D Sidewalks. - TBD. Requested by Commissioner Cruz. D. Discussion regarding creating a beautification board. - TBD. Requested by Commissioner Turkin. E. Discussion in regard to an additional area that might be available as a future cemetery.- TBD. Requested by Vice Mayor Hay. F. Discussion regarding Amendments to the Code of Ordinances regarding flooding in the community.- TBD. Requested by Commissioner Cruz. G. Discussion regarding a Task Force regarding Building and Code.- TBD. Requested by Commissioner Turkin. H. Discussion regarding property taxes, at a macro level. -TBD Requested by Commissioner Turkin. I. Discussion regarding Little Free Libraries and Little Free Pantries on private property.- This item was tabled at the January 20, 2026 City Commission Meeting. - TBD. 12. Adjournment Commissioner Turkin thanked staff for attending the Marina Village meeting. Motion: Commissioner Turkin moved to adjourn. Vice Mayor Hay seconded the motion. In a voice vote, the motion passed unanimously. With no further business to discuss, the meeting was adjourned at 8:13 P.M. CITY OF BOYNTON BEACH ATTEST: ...-",;0(NT-041N_ % c GORPOR1 ...�91+, • SEAL ." ; �/`._ i 6-,. Q INCORPORATED; Tammy Stanfione, CMC +, 1920 Interim City Clerk it, •.. .. `,` • LOR`