BOYNTON BEACH, Fla. — Boynton Beach city commissioners voted unanimously Tuesday to permanently restrict roughly 15 acres of city-owned land in the Boynton Forest to conservation and natural habitat use, a decision residents packed the chamber to support even as an adjacent private development in unincorporated Palm Beach County remains outside the city's control.
The 5-0 voice vote on Resolution R26-120 authorizes the mayor to sign a Declaration of Restrictive Covenants covering four city-owned parcels totaling approximately 15.03 acres, according to the staff memo. Once recorded in the Palm Beach County Public Records, the declaration will run with the land and can only be modified or terminated by a future unanimous vote of the entire City Commission.
"The declaration formalizes the city's existing conservation intent for the Boynton Forest property," City Attorney Shawna Lamb said during her presentation, calling the covenant a step that "will actually go further than what you guys are required to do by law."
Lamb told the commission that of the four parcels, only the westernmost Pandora Avenue parcel, deeded back to the city by West Side Baptist Church, currently carries a public-purpose restriction on the face of the deed. The two Nichols Boulevard parcels and a Jevard Street parcel derived from an abandoned right-of-way do not, she said. The recorded covenant will apply the same conservation-and-natural-habitat restriction to all four.
Prohibited activities under the declaration include construction of buildings, roads, signs or other structures, dumping or landfilling, vegetation removal outside of invasive-species and wildfire mitigation work, excavation, and other acts detrimental to the natural or historical integrity of the property, according to the staff memo.
The declaration reserves one carveout: a defined corridor for a possible future sanitary sewer lift station near Quentin Boulevard or Nickels Boulevard, which would still require Commission approval and would be limited to the minimum footprint necessary. Lamb told the commission the city may need that corridor to move surrounding unincorporated neighborhoods off septic tanks.
Residents pack chamber, city clarifies scope
Public comment on the item ran long, with speakers alternating between two podiums. Multiple residents urged the commission to save the Boynton Forest and its gopher tortoise habitat, and several referenced concerns about a private developer's proposal for townhomes on adjacent land in unincorporated Palm Beach County that the city does not own or control.
Mayor Rebecca Shelton opened the item by directly addressing the confusion.
"Nobody from this city is building any townhouses," Shelton said. "The property that we are discussing tonight is city-owned property. The property that has development now is private-owned property that the county had administered to the Palm Beach County Housing Authority, and that current developer had purchased from."
Shelton told the crowd the city had already declined to sell its adjacent parcels when the same developer approached the city.
Aloni Welker, a Boynton Beach resident who told commissioners she and her husband bought their first home in the neighborhood last August, spoke against the surrounding development pressure.
"These 72 townhomes would bring 144 new drivers into this neighborhood," Walker said, describing children who walk from school bus stops on nearby streets. She also said neighbors on well water are worried the loss of forest would affect their water supply.
Michael Zwierzyna, a Boynton Beach resident who said he submitted an email packet on the item, told the commission the underlying private-vs-city parcel picture was "challenging to square away."
Not every public speaker addressed the forest. Elizabeth Pierce Row, who said she has lived in the area for 28 years and served on the Parks and Recreation board, asked for an update on Boat Club Park, also known as Oyer Park, and said grills, a playground and a dog waste station had been removed. Kimberly Chase, of Grayson Heights, asked the city manager to review internal code compliance directives after what she described as repeated unaddressed noise complaints.
Vice Mayor Thomas Turkin said the covenant was a strong first step but wanted the record to reflect that the protection could be revisited.
"There's an opportunity where that could happen, very little risk, all you would need to do, convince one individual that's not the way to go," Turkin said. "That's a lot easier than three."
Commissioner Mack McCray said he wanted a full 5-0 vote precisely so residents could hold future commissions to it.
"I want us to vote five in favor, so this commission can say we're in favor," McCray said. "So whoever comes behind, they would do the liability, we can say we're all here tonight in favor of what we're doing for you all."
Comprehensive plan rewrite advances
Earlier in the meeting, commissioners acting first as the Local Planning Agency and then as the City Commission voted unanimously on roll call to approve Proposed Ordinance 26-024 on first reading, transmitting a broad amendment to the city's comprehensive plan to the state.
Planning staff told the commission the amendment, branded "Planning Today, Thriving Tomorrow" and framed as the Boynton Beach 2050 Comprehensive Plan, contains more than 130 changes across every element of the existing plan, including 21 new policies, 41 deletions and 72 modifications, and adds one new element focused on economic development.
Both motions included a floor amendment to Policy 2.4.17 to remove existing language directing the city to adapt its transportation network for a future passenger rail station in the CRA. Turkin asked for the removal, citing concerns about local cost exposure if a passenger-rail plan advances at the regional level. Planning staff said removing the reference does not preclude a future station from being sited.
Commissioner Aimee Kelley cautioned against fully stripping rail-related planning language given active discussions at the Metropolitan Planning Organization, but agreed to the narrower amendment.
The plan now heads to the state for review before returning for a second reading.
Pence Park expansion approved
Commissioners also gave second-reading approval to Ordinance 26-022, abandoning a 30-foot-wide portion of the SE 3rd Street right-of-way between SE 5th Avenue and SE 6th Avenue, and separately approved the Major Site Plan Modification for the Pence Park Improvements project at 600 SE 4th Street.
According to the staff report, the modification will expand the existing park from approximately 2.84 acres to 3.33 acres and add a synthetic turf multi-purpose field, four pickleball courts, a half basketball court, a children's play area, a new main building with a multi-purpose room, public restrooms and offices, a separate maintenance and storage building, upgraded parking, new lighting and monument signage.
Both votes were unanimous. Commissioner Angela Cruz, whose district includes the park, added conditions requested at prior meetings, including waste receptacles styled to accommodate pet waste and a water feature similar to a splash pad. Staff noted the Florida East Coast Railway would not permit a hedge along the perimeter fence due to proximity to the tracks.
Deputy City Manager confirmed
Commissioners unanimously confirmed the appointment of Adam Temple as Deputy City Manager under Resolution R26-119. City Manager Daniel Dugger told the commission he had been developing Temple for expanded responsibilities since Temple joined the city from Doral about four years ago as Assistant City Manager for Development Services.
Temple was not at the meeting, which Dugger said was due to a family trip to Ohio. The City Charter requires City Commission confirmation of a Deputy City Manager appointment.
Turkin proposes historic property-tax roll back
Under the City Manager's Report, Turkin proposed that the commission adopt the city's first-ever rolled-back property tax rate, alongside a $25 per year increase in the fire assessment. The Chief Financial Officer, identified in the transcript as Allen, told the commission the rolled-back rate would be approximately 7.4257 mills and represent a reduction of about $3 million from the current rate.
"I think if we're going to do a fee increase, we need to roll back the property taxes," Turkin said.
Commissioner McCray asked that any decision of that magnitude be publicly noticed. Turkin set a one-hour dialogue meeting for Monday, July 14 at 5:30 p.m., before the Community Redevelopment Agency meeting. Kelley requested a 6 p.m. start to accommodate residents working during the day, but the commission ultimately settled on 5:30 p.m.
Dugger and the CFO also told the commission that department-level savings had already been identified to fund a 3% cost-of-living adjustment across the board, on top of contractual increases for police and fire personnel, resolving a question raised at a prior budget workshop.
Other action
Commissioners also acted on the following items:
- Approved Ordinance 26-019 on second reading, revising the Downtown Transit-Oriented Development District overlay to remove language allowing units 750 square feet or smaller to count as one-half a unit.
- Approved Ordinance 26-020 on second reading, revising exterior lighting standards to remove Community Design relief language while retaining Waiver relief.
- Approved Ordinance 26-021 on second reading, adding a new Marina District Overlay to the Land Development Regulations. The motion added a parking contingency plan requirement to the incentive section of the ordinance, at Cruz's request, following meetings with the Inlet Cove Association.
- Passed Ordinance 26-023 on second reading by a 4-1 vote, adding a new subsection to Section 2-30 of the city code authorizing the city manager to execute certain contracts on behalf of the city. Cruz voted no.
- Approved Resolution R26-114 on the consent agenda, ratifying a three-year agreement with Palm Beach County for swimming lessons through the Drowning Prevention Coalition Learn to Swim Program. Recreation staff told the commission 58 vouchers had already been approved.
- Confirmed consensus to move forward with a new Beautification Advisory Board proposed by Turkin, with staff directed to draft an ordinance for a five-member board.
- Appointed Ronald Britto to the Community Redevelopment Agency Advisory Board and Terry Pauley to the Historic Resources Preservation Board. The Library Board appointment remained tabled.
What happens next
The Comprehensive Plan amendment now goes to the state for review before returning for a second reading. The proposed rolled-back tax rate and fire assessment increase will be discussed at a noticed one-hour meeting on Monday, July 14 at 5:30 p.m., ahead of the CRA meeting. The Boynton Forest conservation covenant will be recorded in the Palm Beach County Public Records. Any future modification requires a unanimous City Commission vote.
The commission also has future agenda items pending on the formation of a Land Development Regulations task force, procurement preferences for disabled veterans, and permitting cost reductions for senior citizens, all requested by Turkin.
Zoning changes, development applications, and land use decisions can have a major impact on Boynton Beach neighborhoods. Boca Post covers planning board reviews, City Commission votes, and major proposals through our Boynton Beach Government and Development page.
