e e e e e e e e e e e e e e e e e e good evening it is now 6: PM so I'm going to ask if everybody could start moving to their seats silence your phones and any other electronic devices and we'll begin in a moment and officer if you could please close the door thank you so much we'll begin in a few moments it all right this meeting is called to order good evening everyone and welcome to the city of boy Beach City Commission meeting today is Tuesday April 2nd 2024 and The Time Is Now 6:01 p.m. before we proceed I just want to remind everyone of our Rules of Civility and decorum first and foremost speakers must first be addressed by me the chair and not interrupt any other speaker public comments must be addressed to the commission as a whole and not to any individual on the days or in the audience uh displays of rudess personal attacks are strictly prohibited demonstrations yelling stamping of feet anything like that whistling are all strictly prohibited I will provide you a warning should these rules be violated and should they continue to persist I may ask you to leave this meeting with that we'll proceed to a roll call I'm going to turn now to our city clerk if you could please begin the roll call Mayor penera here vice mayor turkin present commissioner Cruz here commissioner hay here commissioner Kelly here mayor you have a thank you mey uh our invocation this evening will be led by Pastor Jeff Kelly a first Boon Baptist followed by the pledge of allegiance to the flag which will be led by commissioner Amy Kelly let's all stand for the invocation and Pledge of Allegiance it's honor it's an honor to be here today would you join me in prayer almighty God I come before you today and thank you for how kind you've been to us you've created this world and you've made it good you filled it with good people and a good Community for us to live in father as we consider this Gathering today we remember that you teach us that you have established Civil Authorities and they're for our good and so in light of this I pray for our mayor today I pray for the various levels of City officials in this assembled Council today father would you give them wisdom and favor as they serve our city father give them wisdom to govern give them help to lead in a way that would allow us to live in peace with one another in this community father give them a sense of what is best for the welfare and the true needs of our community and a heart for justice and doing what is right give them confidence in doing what is good and fitting and help them to work together in harmony for the good of those in our community father we pray for the agenda set before them today and ask that your favor would be upon it that the next couple of hours would be helpful and be a benefit to all who live here in the city of Buon Beach which we call home we thank you for your kindness to us and we pray this in your name amen alance flag of the United States of America the Republic for which it stands one nation under God indivisible with liberty and justice for thank you Pastor Kelly and thank you commissioner Kelly no relation uh for those beautiful words we're now moving on to agenda approval additions deletions and correction there is one item I would like to remove from the agenda it is under consent it is 6h uh this is an item and I've spoken to staff that I believe is a little premature they're still working out the terms and so I figured it' be best that they conclude their negotiations in determining the terms before we proceed forward with the uh with the amendment all right uh staff did you want to add anything or was that essentially did I cover it yes sir all right that was 6h that is my request all right let's go around the de let's begin on my left commissioner Kelly do you have any additions deletions or Corrections no I do not mayor thank you commissioner hay I have none vice mayor thank you mayor yeah I got a couple things I want to add to uh future agenda items first I would like obviously if there's a consensus amongst you all I would like to have staff look into a restrictive covenant um for Harvey oyer boat rant park I think uh we saw how important that is to the community last summer and we need to ensure that the usage of that Park remains as it is today and is not changed for any future potential development um second thing I've gotten a lot of phone calls from U specifically the Chapel Hill Neighborhood in reference to a lot of hanging Limbs and over uh vegetation overgrowth on utility lines we don't currently have an ordinance to allow the city to have some teeth to prevent you know any potential um you know electrocution things like that so I think that's something that we should look into especially coming into hurricane season you know we want to make sure that all of our neighbors and Families are safe and then um the third thing is there was some sealant sprayed on uh on my Road Southwest Second Southwest first first Ocean Avenue and um I don't know where else it's going to be sprayed I'm going to ask staff to immediately halt this because it's damaging grass it's making the animals sick and it is it's just dog ugly no pun intended it looks horrible it's staining people's driveways and so you know I I know this was a a test and an experiment to you know see how this would would look and it's purpose is to I guess prolong the the the quality of life of the road and um it just looks like an eyesore and these are newer roads in our neighborhood right and so I just don't want that to happen to anyone else in the city and so you know I think staff needs to immediately halt this project and then um get the inventor involved because it's you know it's just it looks horrible and it's damaging you know our city on roads uh thank you uh vice mayor so we you brought up three items my immediate thought uh item two and three in the order in which you mentioned it the vegetation overgrowth my immediate thought is um that's already covered under our code enforcement um if not have you spoken to staff about this already is it not covered it is not and this was a recommendation because I had some concerns from some residents okay and so I forwarded that information and staff looked into it um I think Adam Temple can speak more to that if you want to hear from him I just want to make sure it's not something we're already doing um can we verify that Adam good evening mayor and uh vice mayor and Commissioners um yes that that's that's correct um we would we uh we would need to in order to enforce some of these uh larger limbs that are uh hitting some of the fpnl power lines uh to uh make an amendment to some of our codes in order to enforce that okay so that clearly tells me it is a policy matter uh beyond the normal scope of current operations all right um let's address that item first do we have consensus to bring that up for discussion next meeting yes all right you have my support I think it's uh it's interesting topic commissioner Kelly you wanted to say something about that just some direction on what the opt I don't know I mean I'm comfortable at the next meeting actually looking at a draft of whatever changes staff is proposing if you already had the discussion because we're I mean I think that the the gist of it is that we need let's see what that change yeah means and says and and go from there I'm comfortable with that absolutely any thoughts commissioner hey you were about to chime in I was going to wait for you I I think that third one we need to deal with now yeah okay you you want to speak on that yeah in a moment I just want to make sure we cover the vegetative overgrowth item first all right it looks like we have consensus uh the third item was about the sealant spray so this is my first time hearing hearing about it my question is is this something that can be handled by uh management or does this need to be a policy matter before the commission this was an item uh mayor that the uh commission voted on it was uh like the vice mayor had spoke it was an experimental I know I went in depth on uh this uh specific um I guess it's supposed to extend the life of our uh roads and we were unaware of obviously any the the aesthetic aspect of uh or any sort of spill over with the grass and stuff so it's something we would have to get with the vendor on but as far as like the money allocation I believe it's already paid for so I don't know if that would have to come from the Das maybe shaa you uh if they already voted and we paid for the sealant would we need another vote to Halt the um application you need of that chemical speak with the vendor about stop in the I just feel like that's something you a conversation you all need to have first and then you can have bring back something for us to vote on yeah let's we'll get with the vendor yeah all right so that was item three item one uh it was it sounded like a policy or request it is a restrictive covenant on the bo orer boat ramp uh I'm open to that discussion any questions from my colleagues or agreement disagreement so this is about the restrictive covenant potential restrictive covenant on the o boo ramp okay all right so it sounds like we have consensus on that as well in terms of the sealant spray uh staff just get back to us on that all right uh next was there anything else n cover your three yes and commissioner Cruz you are next additions Solutions Corrections nothing for you um the only thing extra I want to add and I did uh for Warren staff in advance just if you could come back and give us a overview of the beautification plan uh that we had discussed a while back it's good for the whole commission to aine on it as well to get input all right okay hearing nothing else may have a motion to approve the agenda as amended so moved second all right we have a motion and a second all those in favor of approving the agenda as amended say I I I all those who oppose the eyes have it motion passes unanimously yes sir do we need to officially table item 6h um it I requested it that it be stricken off the agenda off the agenda yeah and staff will bring it back up at an appropriate time gotcha all right any other questions we're now moving on to section two informational item by members of the city commission this time beginning on my right commissioner Cruz any informational items would it be disclosures uh not for the uh public hearing items but just general okay events um yes I attended the bike month the Florida bike month um event with the TPA last Friday we went around and um find a way to advance alternative modes of transportation and we had a great time um I represented Boon but we had representatives for different municipalities so just wanted to say that Boon was there thank you all right thank you vice mayor informational items I don't have anything there thanks all right thank you commissioner Haye uh I too went on the little Cruise uh seems to be going nicely I've seen them around town uh and actually saw somebody writing so uh that's great uh the I attended the NLC uh in Washington DC which a lot of good information um came out of that that I'll be talking to shaa and uh uh City Manager on um one of which is the form six we need to really see what's what what's going on there because I'm I'm hearing a lot of good things and I'm hearing mostly bad things about it so we need to talk about it um also I attended a community meeting with uh Coalition of clergy uh with uh hon and other organization uh in the community good session good representation from the city that's it mayor thank you thank you commissioner hey commissioner Kelly informational items thank you mayor um the only thing I have I just want to thank staff um I had a town hall this last week so thank you to the residents who came out um to hear uh an update on what's uh going on in the city and also in District 4 uh so just thank you and thank you to staff for uh putting that together and and and getting that done so thank you all right thank you everybody we're moving on to announcements community and special events and presentation the very first item 3A uh pertains to our career online high school graduates we're going to be presenting them a certificate of achievement to two individuals but first we have somebody from our library Department to give an overview of the program and their accomplishments good evening everyone I'm Tiffany Pagan the assistant Library director of our wonderful Library um we currently have including our two graduates tonight we've had 23 graduates successfully complete and receive their high school diploma along with a career certificate Crystal Richardson received a certificate in addition to her high school diploma in child care and education uh Naomi Casanova earned a career certificate in office management we currently have 10 students who are enrolled and um this program is actually funded through Grant funds from our state aid to library um to the program requirements are you have to have a library card and this program is for adults who have not received their high school diploma so you have have to be at least the age of 19 and reside in the city of Boon limits and so applications can be filled out at our website Borton library.org thank you thank you so much I'm going to come down can we give them a round of applause for their achievements I'm going to come on down with our certificates of achievements First beginning with Naomi Casanova where's Naomi all right and I'm going to ask if you would like to say a few words about your experience and same thing with Crystal as well only if you'd like all right I want to thank the sorry I'm nervous the city of Buon especially the library they gave me the congratulations thank you the flexibility to be able to accomplish this something that I've been waiting years to [Applause] do so Crystal Richardson come on up Crystal congratulations I just want to thank the city of Bon Beach I came a long way thank you thank you very [Applause] much all right the next item thank you so much and we wish you the best in your future endeavors the next item 3B is a proclamation for women's history month and uh it will be presented to commissioner Cruz uh commissioner Cruz would you like to read the proclamation into the record go ahead city of Boon Beach Proclamation whereas American women of every race class and ethnic background have made historic contributions to the growth and strength of our nation in countless recorded and unrecorded ways and served as early leaders in the Forefront of every major Progressive social change movement and serve courageously in the military and whereas American women have played and continue to play a critical economic cultural and social role in every sphere of the life of the nation by constituting a significant portion of the labor force working inside and outside the home American women have played a unique role throughout the history of our nation by providing the majority of the volunteer labor force in the nation whereas American women have been leaders not only in securing their own rights to vote and equal opportunity but also in the Emancipation movement the industrial labor movement and the Civil Right Movement especially the peace movement which created a more fair Society for all now therefore I Angela Cruz and and typen serga mayor of the city of Bo Beach Florida Proclaim March 2024 as women's History Month I know it's a little little bit late but this is something that we're going to do on the March 19th meeting which we canceled because of the election all right thank you commissioner thank you do have um members of the Palm Beach County Women's Chamber of Commerce we have heather gray second Vice President we have Rosa white first vice president in person and then we have President Susan Kaplan in spirit who wasn't able to make it today should we get a picture with them are they here in the audience excellent if you'd like to say a few words come on up thank you on behalf of the Women's Chamber of Commerce of Palm Beach County we thank the city of Boon for this honor um and we have we know that our own your own commissioner Cruz was nominated for a giraffe award which is our largest celebration of the Year where we celebrate women in the community who stick their necks out for others so in that Spirit we thank you thank you heather gr and I Echo that Rosa white thank [Applause] you for all right thank you so much everyone we're moving on to item 3C it is an announcement the city of Boon Beach is partnering with FAU Center for Autism and Related disabilities card FAU card for the fourth annual art and autism Expo where art will be on display throughout the month of April in the Arts and Cultural Center that's across the street 125 East Ocean Avenue there will be a special gallery opening event from 5:00 p.m. to 7:30 p.m. on Monday 8 April 88th during which attendees can meet the artist the next announcement is the 2024 Earth Day celebration the 2024 Earth Day celebration will take place from 10: a.m. to 1 p.m. Saturday April 13th also right here across the street at Centennial Park 120 East Ocean Avenue this free community event will have music food trucks vendors and more Community Greening is partnering with the city of Bo Beach to give away 200 native trees fruit trees and small plants while supplies last for more information contact the recreation and parks department at 561-7462 or visit bo- beach.org online that concludes our announcements and Community presentations and special events we're now moving on to public audience as always each individual speaker is uh 3 minutes maximum I must be addressed to the commission as a whole and the same rules applies always after we conclude with those in the room we'll go to those online for those of you online make sure you follow the procedure so you are recognized I will let you know when you have 30 seconds remaining for those of you online all right we do have two podiums uh please approach the podium just somebody begin and uh as always three minutes per person state your name for the record and you may begin as soon as you're ready Dr P Blas 113 Tara Lakes Drive Pointon Beach Florida 33436 just a couple of comments one is I spent the whole day today at our library and I remind you we have the best library in the state and I think we should compete to be the best in the country so that is a very positive thing um I also would like to remind everybody that I am running for mayor I don't know how many people are running but I'm I'm running um my uh the main thing that would I would like to mention my ambition for the city of Bon is that we and Lake Worth we are the closest point to the Gulf Stream and so we're making plans to obtain energy cheap green energy by water Mills and by various devices in the Gulf Stream and that could bring a lot of prosperity to our city um this is the best city in the world but we have one little problem that I would like to mention as you may know we are the world center for kinetic sculpture once a year we have a festival and all that so we are not the Lou exactly but we have priority in kinetic sculpture and I would like to remind our city manager and everybody that the kinetic sculpture in front of City Hall has been silent and paralyzed for three months so I think um I mean I'm at the point to to have a fundraiser and to help the city fix the sculpture I think the our reputation is an Center is at stake here so please take it very seriously let's find out what the cost would be and either the city can pay for it or we'll have some kind of a fundraiser to fix the kinetic sculpture that's all thank you very much thank you next speaker Susan oer Buon Beach um I have a few things to talk about first to tag I was going to talk about what he talked about and then he stole my thunder so thank you for bringing up that synesthesia piece I have complained about that piece from day one I was on the Arts board when it got approved I voted against it it's a horrible piece it's not unique it's not distinctive we spent over the allotted budget for it and it should have never been approved and of course it's broken the artist is about to die going to die already has died um you know there's no way to repair this I think we need to sell it and get as much money as we can for it and then replace it with a prop proper kinetic piece that actually works so thank you for bringing that up um number two um I think I know in speaking with the city manager you guys were supposed to be putting forth some kind of brochure like welcome to Boon these are the rules this is how we do things I think maybe you need to include that we have to the best of my knowledge three right turn only Lanes in the city and so people should not be trying to drive straight through these lanes for example headed east on Old Buon Road at Congress you know it's a right turn only there's one um on sea as you're on Bo Beach Boulevard and you're approaching Sea Crest and I forget what the third one is and I go through it all the time but um oh wbr n US1 going towards where Joann's is I think people need to know those are not go straight through and then make a right into the plaza those are right-hand Turn Only and then the the left lane is the one that gets to turn so I'm let's make that a little more apparent I want to say thank you r I had a great time going out and helping to fix up the Fraternal Order of Eagles Please join rally Boon in the future um I want to know what the statuses on the blue lights on Southwest 11th that I across from Point Sienna that I keep bringing up those blue lights are bad for people they cause cancer and when are we going to get something done and I keep bringing it up and no one's getting back to me which is surprising and my last thing is is um I'm about to agree wholeheartedly with Harry I think it's embarrassing and acceptable for our city to put forth a master plan and strategic plan with absolutely zero public input for months that is appalling we are the third largest city in this County we are the largest county east of the Mississippi we are leaders we are not followers and you are dictating to the people instead of the people dictating to you you represent us we tell you what we want and then you're supposed to do what we tell you to do and there's too many good people on this day that I don't know why we're in this situation that this is being thrown under consent agenda without ever once asking for input from the public and you all know I'm happy to give input any time of day and yet youve never made the option available for me or anyone else to give input so thank you for your time thank you next speaker on the other side we can alternate doesn't matter just we can always alternate good evening my name is Harry Woodworth Pointon Beach uh director of Inca I say the same thing but before I do that uh the agenda item be the plan the Strategic plan would like to thank you guys and recognize the amount of work that went into that uh we did a budget last year without a strategic plan which was uh I think right up there with unicorns uh at the end flying perhaps at the end of the day we have it I'm not going to comment on it uh it's a lot of work thank you for putting the effort forth and I just want to say what Susan said I think there's what 80,000 90,000 people that live in this Village not one of them had an input into that plan not even one there was no input there's been no public discussion of it so you're asking all these people 80 90,000 people to follow this plan for the next 5 years you're asking them to pay for it with their taxes yet they had no input what whatever and they don't even know what's in it they don't even know it exists and after you get done with the consent agenda today we'll never hear about it again I don't even know what to say I mean how do you expect people to be take the pride of Boon and all the things that are in there and there's all kinds of good stuff in there when they don't even know about it had no input into it think about all the things you've done in your life that you had to support that you had no input in and no awareness of that's just sad I really feel sorry for the city this is just not the way to do it folks thank you thank you next person Cindy fala deado Boon Beach first I want to address the abuses of this governing board which is in violation of their Oaths of office to protect and to uphold the Constitutions of the United States for America and of Florida you are in violations of 18 USC code 241 and 242 color of law when you have a mayor who sets the decorum of the meeting verbally which is also written in the agenda then disregards it and can sit and watch an attack on a senior woman one of We the People the mayor is not fit to represent We the People what I have noticed sitting in many meetings is the mayor is selective on who gets mistreated this time it was me a physical attack by a man wearing a police uniform and its crimes against the elderly and one of We the People it is an assault on a senior woman which is a which is a form of elder abuse this is unexcusable unacceptable unlaw and will be listed on the Bradley list which is this is not the first time this has happened to the city of Boon Beach Police Department this makes the mayor and accomplished the crimes that were done against me also when a commissioner who was to represent we the people of the city sits watching while a senior woman is being attacked and not protect but to get her out of there that's what he States get her out of here get her out of here and then he says to all stay out of it was this a hate crime he's a party to the hate crime and that was just committed last month at the beginning of the month of our first meeting in March something is terribly wrong this shows the hypocrisy of hate and disrespect and disregard towards women and Mankind this is treason against one of we the people and is punishable under the law for your information I have already sought legal counsel and will be filing soon to add to the other frivolous lawsuits against the city for the crimes against the people my next issue was allegedly Christina rales who will be allegedly running for a seat as a mayor of Boon Beach and Courtland and Kevin def front who allegedly filed for commissioner seat in which def front used his mother's address as he does not live here in the city of Boon Beach isn't that committing fraud on we the people like someone else on this dis allegedly all three allegedly candidates were offered in a private meeting now again a private meeting isn't that a violation allegedly $100,000 each for funding their campaigns FYI rales maybe you might remember she was a commissioner and she voted in for this company to develop in the city of Boon Beach and allegedly rallus is looking for a payback from the Related Group of developers which is the name of the company for a rent-free space office space isn't that a quid pro quo isn't that more back dirty politics allegedly at the next TR meeting on Thursday if you come to the meeting ralas will be bringing up the topic to possibly raise our taxes if she doesn't get the quid pro pro from her campaign does anyone else see the threat of alleged corruption and crimes is this what we continually want for Boon Beach is this what's going to thank you your time has expired next speaker anyone else in the room thank you so much as always state your name for the record and begin when you're ready good evening Commissioners mayor my name is Kevy defrank and um yes I am running for commissioner District 3 um and yes I do live at 36 621 Southeast Second Court um I was born here born at Bethesda I've lived here from a large part of my life and I just wanted to make that um statement clear thank you thank you all right next speaker uh you may approach the podium state your name for the record good evening dagar aragoni I'm here to remind everybody on this Das that you are elected by the people and you are a public servant you are not the kings and queens you are a public servant you took an oath to uphold the Constitution maybe some of you believe that it's just a five minutes talk that you swear and then you get your position and it's over no you are to uphold that o at all the time that you serve on the Das if you do not uphold the OD to uphold the Constitution you are violating it by violating the O and the Constitution you are committing to reason and Waging War against the American national you also violating us code 18 Title 18 241 and 242 among many others do you realize that when you commit treason you are guilty and and and this is punishable by the death penalty it's subject to the military code of justice this this is not civil law we're not talking about civil law when you commit treason you will be judged by the Military Tribunal I would like just to remind everybody when you take an note and you have to uphold the Constitution when you are witnessed to the violation of the Constitution while you sitting and Performing the job and service to dead people it's your duty to stand up and say something in behalf of the Constitution and to uphold it you witness an attack and assault right in the front of your eyes on a senior woman in violation of her unable rights what did you do you did nothing do you real realize that under military code of justice when you accomplice you just as guilty You're Not Guilty by 10% less 50% less you are just as guilty and that treason reports will be filed on each and every every of you if you do not stand up and do something about the situation that happened over here two months ago we're giving you a opportunity to make your wrongs right because you did wrong make your wrongs right thank you all right this is a last call for public comment speakers please let it be known if you would like to speak you can form a line um we have one Gentleman on my left sir you may begin if you would like to speak please let it be known by forming a line so I don't miss you sir you may begin say your name for the record H hello how's everyone doing today it's a pleasure my first time doing this um going to get used to it be seeing your faces a lot soon so my name is Cameron I live at 131 Northeast 18th Avenue right here in BO Beach um District 2 to be exact fact so my main concern and I'm just being a voice for my neighbors is we're having issues with roadways so this is causing a lot of issues a lot of my neighbors within the block of the streets Northeast first going down to Northeast Second Court including Northeast 18th a and Northeast 17th court so with Within These Streets we're having a lot of instances where we have a lot of people speeding and I filed with the bo Beach Public Works engineering but they seem severely uh understaffed and they have too much requests coming in without having enough people to help out so I am looking for the support of my district to go ahead and get this um helped out and let's see something because within my neighborhood I've already had what 30 40 houses let's say 15 mailboxes within the last two years getting destroyed with no help with no significant impact with any you know let's what's the discourse that's going to happen what's going to be the fix and we have yet to seen that and my neighborhood consists of people that walk to our other neighbors house we do this consistently we're it's a family likee neighborhood and everybody knows each other we go out we get plates from each other every single day so my neighbors don't deserve to feel threatened going down walking to their another neighbor's house by cars that come through speeding and there's there's nothing being done to it so I'm looking for the support to help out the bo Beach Public Works engineering department getting them some more funding or something like that to enable to help us out that's it thank you thank you all right somebody just go I don't care which one I live in on Southwest I'm sorry maam we're going to start over I could not hear your voice I'm Anita Gabriel I'm living in 121 Southwest third Court I want to share a passage from Matthew 5 chapter 528 blessed are those who mour for they will be comforted blessed are the meek for they will inherit the earth blessed are those hunger for thirst for righteousness for they they will be fulfilled blessed are the need needful for they are shown for for they will be shown Mercy Mercy are those pure in heart for they will seek God blessed are The Peacemaker for they are called children of God blessed are those who have been persecuted for righteousness for then is the kingdom of heaven Blessed Are You When judge itself you persecute you and falsly say all kinds of evil against you because of me rejoice and be glad because great is your reward in heaven for if the same way un persecuted the prophets who were before before you I want to want to tell about the the the health industry mainly on Mental Health it has to be concentrated by everyone if any parts of the body can be treated by transplantation but not the mind I personally I undergo lot of stress and strain mood swings and many many problems I'm not able to the doctors not taking care of me and I face I I want you all to help me to come out of this Dreadful disease condition thank you so much thank you all right it looks like we have the last speaker in the chambers state your name when and begin when you're ready uh hi Ernest George mnol 710 Northeast 7 Street Pointon Beach also known as harbor hall Inlet Club condo um which is where uh we bought and moved in October of 2020 last week I attended uh at the police department and open public meeting where a lot of people on the day is here were at that meeting interacting with the public and answering questions and talking about issues and crime and a lot of things going on in Boon Beach and one of the things I found most interesting was that uh a high-ranking police officer was asked a question about gee you know when I'm around City Hall I see a lot of stops and then I see when the police are stopping the motorcycle of the car it pulls away and the police just let the car get away so the high ranking Officer says well you have to understand we're not allowed to chase anyone unless they have committed a felony or in the process of a felony otherwise the city and the police would be in big trouble and I'd like to know now that's the fourth major person that's confirmed the highspeed chase of Stanley Davis the day after Christmas if you think about it the mayor claimed it the day it happened uh it's been claimed several times in city meetings the major Internal Affairs investigation against the officer revealed three unlawful criminal highspeed chases resulting in death and a lot of horrible things in the internal affairs file and so far the only thing that's happened is the officer was fired and now when I go around I tend to hear a lot of things people brag and oh it doesn't matter the PBA is coming back and it's all the it's all the kids' fault it's the parents fault for buying them the dirt bike and all that kind of stuff and then I remember after it happened some people on this day is saying we will never not let a settlement and responsibility Go including naming a park so nothing's happened uh why do I say that I say that because it it doesn't matter how many crimes you look at how much accused or actual corruption you look at you can't get answers you can't make public comments you don't get replies to emails or phone calls you don't get anything and and and the thing is how's the city getting away with that can I get 10 more minutes all right your time has expired seeing no one else in the chambers and no one online public comment or public audience is now closed we're now moving on to the next portion of the agenda section five administrative section 5A City commission to appoint a vice mayor uh to serve until March 2025 first let me say thank you vice mayor turkin for your year of service as vice mayor I know you uh you dutifully U managed our meetings in my absence so we appreciate everything you've done and now it is time to make a new can we give give him a round of applause thank thanks thank you uh for the nomination last year mayor so I appreciate you and it was a good decision I'd like to nominate if you're okay with that yes I I am comfortable if you would like to make a nomination i' like to uh nominate Amy Kelly all right to that motion all right all right so I should say uh per the ordinance a second isn't required but it is appreciated and um we will undergo multiple rounds of voting if we don't come to a consensus but uh we have a nomination for Amy Kelly to serve as our vice mayor I think that was a excellent nomination and with that all those in favor of appointing Amy Kelly to serve as our next vice mayor say I I all those oppose the eyes have it the motion passes unanimously congratulations vice [Applause] mayor all right the next portion of the agenda is to ratify the selection of Library Advisory Board chair and vice chair let me just give me a moment to pull up that item The Advisory board has made their nominations for their own chair uh at the February 28 2024 meeting of the library Advisory Board Stephanie kolani I hope I am pronouncing that right I got it all right was selected as board chair and Joel barski was selected as the vice chair per the ordinance uh the city commission must ratify the selection of those two individual positions for their respective positions may I have a motion to ratify motion to approve I'm I believe that was commissioner hay is there a second from vice mayor Kelly all right I need to make sure I get it right yes it's gonna take a while all those in favor of the motion to ratify the aformentioned selections say I I I all those who oppose the eyes have it motion passes unanimously congratulations to those two individuals I saw that silent clap there uh moving on to 5c this is proposed resolution number r2452 appoint a city commission representative and Alternate to the countywide intergovernmental coordination program currently who do we have let me just give me a moment currently it is it is you all right um is there anyone here that would like to nominate themselves or someone to serve on that on that board mayor I'm would like to stay on um that board if the intergovernmental coordination Forum I feel like we meet so infrequently that it's I feel like we just get to doing something and then I'll second changes so all right we have a motion for commissioner Amy Kelly to serve as a representative and we have a second all those in favor of the motion say I I I all those motion passes unanimously all right item D 5D proposed resolution r24 alterate and and I'm sorry you are correct we need an alternate is there anyone here that would like to serve as an alternate I was the alternate um okay with staying staying on as well all right is there a second second second all right we have a second all those in favor of uh appointing her as the alternate to the intergovernmental coordination program say I I I all those oppos say no all right motion pass to unanimously we're moving on to D proposed resolution r24 053 appoint a City Commissioner representative and Alternate to the Coalition of Boon West residents Association or Cobra is there anyone here that would like to make a nomination that's the league of cities no this is the Cobra we're in the Cobra item okay I'll uh nominate commissioner Cruz uh commissioner Cruz is that something you'd accept um thank you for the nomination I I think they meet early morning and I and I have to take PTO from work um to go to TPA meetings already what how often and that that was a question that I made city clerk during agenda review like how often do they meet to have those parameters I have the same issue they meet it's the third Wednesday and then the TPA meets the third Thursday so it's two mornings in a row which has become a conflict for me too to have each of those have to be and they last for a while they do y and I I have to use PTO for these meetings I can't just go so I would like to um I apologize but I will have to decline the nomination I would I would be open to being an alternate so it's like from time to time but I I can commit to doing it every single okay so we uh you as an alternate you know who we're looking at okay okay would you like to serve as our representative I I'll do it I'll do it okay all right so we have commissioner woodro as our representative and our alternate commissioner Angela Cruz all those in favor the motion for the forementioned individuals say I I I all those who opposed motion passes unanimously moving on to E proposed resolution number r24 054 appoint a city commission representative and Alternate to the Palm Beach County League of cities any nominations from anyone I would like to you want to stay sir and I'll I'll stay as alternate yes all right yeah I'm good with that all right we have a motion woodro he as our primary representative uh thomasin all right we have motion a second all those in favor the motion say I I I all right all those opposed motion passes unanimously okay we're moving through F proposed resolution r24 055 appoint a city commission representative and Alternate to the transportation planning agency formerly known as the mo any nominations nominate uh commissioner Cruz she's been she's been pretty productive with that and I think stability is important you know we gotten some some some dollars back so uh I think you've been doing a good job two over $2 million back from the count so let's uh and anyone for alternate I you going to take it yeah I'll take that okay go ahead okay so we have Angela Cruz as the primary representative Amy Kelly as our Alternet all those in favor of the motion say I I I I all those oppose motion passes unanimously we're moving on to item 5G Advisory Board appointments and let me pull that up I'm going to go through the L list uh to make sure uh everyone is aware of what the openings are uh we have openings in the building Board of adjustments and appeals in the CRA Advisory Board in the employee pensions plan Board of Trustees for the education and youth Advisory Board it is my nomination we have one applicant for Megan Wilkinson for the alternate position and I nominate Miss Wilkinson is there a second to my nomination we have a second second all those in favor of appointing Megan Wilkinson to the alternate position on the education and youth Advisory Board say I I I all those oppos motion passes unanimously congratulations wherever she is um best of luck moving on to Historic resources preservation board it is a quasi judicial board we have openings there the library board has openings now moving on to recreation parks board we have one applicant it is Dr pili Phyllis pili and it is my nomination for the regular position and I do nominate her is there a second second we have a second all those in favor of the motion to point Dr Phyllis pili to the regular uh position of the Recreation and Parks Board say I I I all those who oppose the eyes have it motion passes unanimously and the senior Advisory Board also has openings that concludes item 5G we're now moving on to consent agenda one one thing about the advisory boards yes so one thing I was talking to staff about um I know I know the city manager has been discussing about a beautification team um upcoming in this budget and so I don't know if we want to potentially have some type of beautification board that can work with this team you know maybe Citywide and identify you know where where the opportunities are I know that Federal Corridor is a big one you know that we hear um from both my district and your District commissioner hey so just wanted to throw that out there and uh see what everyone thinks I know Miss or has been extremely vocal about that and you know I think we have an opportunity to you know make this come to fruition uh thank you vice mayor uh excuse me commissioner um it's gonna yeah it's gonna take a while yes take a um I think that that's a great idea and one of the questions you know I'm glad you said that because I'm actually thinking along the same lines uh and one of my questions is when is it appropriate and maybe this is something we'll have to come back to in a future discussion to have an Advisory Board versus a committee or a task force uh you know it just it depends on the purpose the duration the scope and all these things so there might warrant a further discussion but I I I think it's really important for them to have public input on that maybe something even a little bit different than board is what you're saying it doesn't exactly it doesn't have to be in an Advisory board with uh you know all the usuals um it's it it's something to be discussed but I'm happy to have that conversation I also want to add I'm glad you you paused us for a moment um I would like to ask all of you who are representing us to these various meetings uh to just keep track of your uh your schedule of these meetings so if someone's not able to go that staff can send the alternate sometimes we don't know who's going not going and we don't know to send the alternate or not to send the alternate so just please keep in touch with the city manager or um or dinina to keep track of that okay all right all right consent agenda let me just flip through is there anything here that um remember that we have removed H let go ahead commissioner I wanted to uh pull item 6B and 6B yep yep but in response to the public comment I was wondering if the board would be in favor of adding this to a future meeting so that we can get public input absolutely um and get allow people to have time to review the Strategic plan I think that's a good idea yeah I think it so agree so postpone 6B allow for a public Workshop the request would be a tabling so it would it be at the next meeting uh yes mayor so well I I was considering of removing it from consent and making it an actual item on the agenda um to be addressed like a call it a new business administrative um and then moving it maybe a month from now so like the first meeting in May to give people maybe like a month to review the strateg get public input yeah I think um I'm I'm comfortable with that U the motion would be it sounds like a request to table to that said date of that meeting and that's sufficient time for people to review it and come back with their comments and to remove it from consent and put it under administrative or new item or something yeah because it warrants further discussion I agree yes okay um all right thank you commissioner uh vice mayor your just for clarification we my my my thought is removing it just like you said commissioner and then allowing for a public Workshop or shetes so the public can speak about this after they review because if we postpone it allow time to review you know some people may have already reviewed this but if we're not going to establish a forum where we can receive some feedback you know maybe you know maybe it's super comprehensive maybe it's something that we can work on why are we tbling it you know so I think we need to have some sort of forum and to to clarify there was a few forums and there was uh opportunity for feedback so I'm going to I'm going look at the coin on both sides here um but I don't see the harm as long as it's done prior to the budget processing is the uh timeline I'm thinking of so that's kind of my thoughts I don't know where yall are at as far as that goes um I guess my question is I'm not opposed in principle to a workshop uh for lengthy discussions but I suppose it depends also on what's on the agenda because if the goal is to get public input you can still have public input at a regular meeting the question is how many other things do we have at that meeting um city manager it looks like you're about to chime in with go ahead I I I just want to point out that uh that was put together by a third party Lyall summi um so we would also have to coordinate his schedule if they're uh once we uh get additional comment back from the public if there's any changes that the board wishes to make then we would also have to uh see what his availability is so there's uh that's just one other uh veritable in the equation that we'd have to put together all right so you're telling us it's difficult to set a date because it really depends on his availability correct okay uh just to add something real quick and thank you for that feedback um if we added to a future meeting and we make it an item to be discussed we will be able to receive public comment and that at that point the commission can discuss whether we agree or don't agree with the comments and then we can um wait for the the consultant to kind of work on those updates and bring it back to a future meeting so that's a way that we could do it without needing another meeting in addition to all the meetings that we you know usually have but it's up to the no I agree with commissioner Cruz that's that's a better better approach I think okay and so the motion here is to table um but we don't know the exact date and um to be brought back by staff I suggested for the first we uh meeting in May if the commission agrees just to allow people to look at it and bring public comment and then once they make that public comment we can you know review it um with lilac Summit and and kind of like make the changes um that we need to make at that point but the whole point is just to allow people to speak on it and tell us what they want to see and we can put it as a discussion item and then once we get the public feedback that's fine so it shouldn't be an issue we we could uh make that work any other comments or questions or on this just very brief mayor just um I agree um I think that um the resolution portion I don't want to run into a situation where this entire agenda item is just moved to the other agenda item where them we're not giving an opportunity to actually but I hear that I think that's the consensus is that we'll hear public comment we'll hear our comments we'll see a presentation or see the Strategic plan be presented and then the actual item will be heard and finalized at a later date once any changes that are made either by the commission or by the public gets Incorporated in what was already proposed is that I mean because I don't want I don't want this to just get tabled to May 5th and then we're sitting there we hear public comment we get public input and then we're approving a resolution that there's no changes that are being accepted or or or changed so I just want to make sure that that's clear that this actual agenda item as as the resolution will not be necessarily on the next meeting that next meeting will be a presentation of the Strategic plan for discussion by the public and us and then this actual agenda item will be the other meeting in May or whenever it's the changes are ready my question goes to thank you vice mayor uh my question goes to our City attorney would an more appropriate motion be to Simply strike this to amend the agenda to strike this item and staff can just bring it back up when that that date or what would be the appropriate motion what would be to accom to accommodate the request you can table it pending further discussion or you can strike it whichever okay but to her point I just want to make sure that the understanding here is it's not a carbon copy because we're taking public comment right okay all right um Council says either one so it'll be sufficient would anyone like to make that motion I made it earlier so second all right we have a motion and a second all those in favor of the motion to table say I I all those who oppose motion passes unanimously were there any other requests to pull any other items under consent going once going twice with that may have a motion to approve the remainder of consent agenda I have a motion from commissioner Cruz a second from vice mayor Kelly all those in favor of the motion to approve the remainder of consent agenda say I I all those oppose motion passes unanimously all right we're now moving on to consent bids and purchases over $100,000 are there any requests to pull any items I like to pull item 7 C please 7 C all right any other requests besides 7c hearing none may have a motion to approve the remainder of consent bids and purchases so move second we have a motion and a second all those in favor of the motion say I I all those who oppose the motion passes unanimously now let's address 7 C this is proposed resolution number r24 d73 approve an award bid and insurance and issuance of purchase order to inliner Solutions LLC for the Boon Lakes Boulevard GF view Harbor curan Place pipelining project um city man I assume this is Mr Guzman's domain right he's coming oh this is uh Dr Kat Dr kcat okay mayor vice mayor Commissioners uh Punam Kut utilities director this project is to basically line some of our pipes in those areas and cured in place lining just means it's inside the pipe so you don't have to do an open cut uh for some of the infrastructures so if I can answer any questions uh be happy to um no just my question was um thank you for explaining what it is so it's not going to disrupt any of the paving projects per very minimal dis disruption with Ken line and do we know when this would be um started and completed as soon as we get the commission approval we will issue a notice to proceed and a PO and we'll start working on it as soon as possible so in the next couple of weeks we should be able to get them started off I don't know exact dates but we can get you that information thank you so much that's all I need thank you all right thank you is there anyone else on the day for Dr kott all right may have a motion to approve item 7 C moved we have a motion from commissioner and we have a second I don't know who was first commissioner hey all those in favor of the motion to approve item 7 C say I I I all those oppose motion passes unanimously thank you so much everyone and thank you Dr kot we're now moving on to public hearing first we'll begin with swearing in for all relevant parties and this is for all items mayor did you do the remainder of consent for I thought we did I thought you addressed C first and didn't do a b d e and f I thought we did too did I'm S I apologize not a problem not a problem I'm glad you're checking it's better to check but we did Mele is that correct yes we did okay um so this is the public hearing portion of the agenda we're going to begin with the swearing in for all items in this section for public hearing city clerk if anyone is here to speak on items a 8 through k please stand up and raise your right hand do you swear to swear or affirm that the evidence you about to give will be the truth the whole truth and nothing but the truth thank you you may have a same all right thank you so much we're going to begin next with disclosures and we're going to address relevant items on the agenda together together for example items 8 a b c and d are all related items so we will have disclosures around the de on items 8 a b c and d uh vice mayor Kelly would you like to begin thank you um yes so as to do I me to repeat as to matters 8 a b c and d d we're going to do those four together first and we'll do dis closures for the others later but then we have e too is the South and then f e and G are separate group mhm got it perfect I'll guide you us through it no worries thank you um I have not had expar Communications I have not received written Communications with regard specifically to the items I have not conducted investigation I have not made a site visit and I have not received expert opinions I request that these Communications be made part of the record thank you vice mayor commissioner hay also on items a through d as of this matter I have not or have not had expar communication I have not [Music] received I have not conducted an investigation I have not made a site visit I have not received uh expert opinion I request that these disclosures all written communication be made P record thank you commissioner hey as for myself again for items 8 a through d as to this matter I have not had exp parte Communications I have not received Ren Communications I have not conducted an investigation I have not made a site visit I have not received expert opinions outside of our city staff I request that these disclosures and all Ren Communications be made part of the record commissioner turkin thank you mayor uh as to this matter 8 a through 8D I have not had X partk Communications with the principal I have received a written communication from a resident um Flynn Holland regarding um the Town Square Pro portion I have not conducted investigation I have not made a site visit I have not received expert uh opinions regarding these matters request at these disclosures and all written Communications be made part of the record thank you commissioner Cruz as to this matter I have I have had experte Communications only with residents I have not received written Communications I have not conducted an investigation I have not made a site visit and I have not received expert opinions outside of City staff I request that these disclosures and all written Communications be made part of the record thank you everybody we're going to turn back now to our city clerk to read the titles for the record and again we're addressing items 8 a through D together uh also we'll be addressing public comments for items 8 through D together uh melee please begin okay item 88 is approved development order for request for a community design appeal for Town North Parcel part 3 chapter 4 article 3 section 6 f2d of the Land Development regulations which requires the integrated parking garage to be wrapped by H habitable floor to allow the South facade to the garage to not be wrapped with habitable floor area B is approved development order requests for height exception for Town Square North Parcel to allow the peak of the AR architectural Tower features of Town Square North Parcel mixed use project to be constructed at 106 ft 10 in uh 7t 10 in above the maximum unallowable height of 99 ft in the mu3 zoning district with par participation in the city's Workforce housing program C has approved the development order for the request for a variance for Town Square North Parcel foot footnote 3 of table three 20-23 defined in part 3 chapter 3 article 3 section 5 C1 of the Land Development regulations requiring the building height to be a maximum of 45 ft on any Street Frontage to allow the southside of the parking of 45 I'm I'm sorry parking garage which is 82 feet 10 in in height to be situated within the street Frontage and D is to approve the development order for requests for major site plan modification for Boon Beach Town Square North Parcel to construct 433 multif family residential units 16,988 Acre Site in the mu3 zoning District thank you I know that was a mouthful but it was necessary um with that we're going to hear from the applicant afterwards we'll hear from staff all right let's hear from I'm sorry we're going to do staff will be the kickoff for this item that's right thank you for the reminder go ahead one second all right try again okay good evening mayor and commissioner my name is Jen Kim with um Planning and Zoning um I'm here to provide a quick overview of town square history and master plan prior to say plan presentation which will be provided by the applicants um the first slide I can do it okay um as we know the Town Square is a product of a participation between the CR CD c and private development team in 2018 City approved the current mxmm um L user classifications mix to user three zoning designations and the master plan in the same year um phase one of the master plan which includes the city hall Library Amphitheater Parks were approved and completed in 2020 in February last year time Equity obtained approval of the major modification to time Square Mass plan subsequently Time Square Time Square time Equity I'm sorry time Equity enter the development agreement parking liste agreement and other Associated agreements with the city in November last year time Equity submitted s plan applications for the North and then South Parcels these asite plans you will hear tonight is the product of the master plan approved the last last year as a phase two and a phase three concurrently in January this year um time Equity submitted minor modification to the master plan reflecting minor changes proposed under Mass site plan applications for North and South Parcels next slide we will go over the changes in depth the total residential units remain the same 898 units under these minor modifications the applicant proposed to change unit locations slightly between North and then South Parcels the applicant proposed also to increase commercial spaces from 38,500 54 square foot to 38724 square foot resulted in 222 220 square Inc Square fet in increase the parking spaces for um each Parcels are provided as required per ldrs uh 473 parking spaces designated for City and Civic use will be provided in the parking garages on the North and the South Parcels as approved in the master plan last year uh that concludes my presentations um the applicants are here to present aite plans in details um but staff is here for any um questions you can just can we go back to that last slide please sure let just kind of rush through that thanks commissioner TK did you have a question for yeah I do but I need to just review the slide many is not going back oh there we go okay yeah got it all right so thank you so much and uh let's turn to the applicant would present from over there but I always present from this side so it'd be awkward uh good evening my name is Bradley Miller with Urban Design Studio and I'm here representing the applicant uh time equities on this project the the South parcel as well as the the the North Parcel which uh we're going to start with and before I get started uh I I want to say personally and I know from uh Robert Singer from time equities your staff has been in incredible uh assisting us as we've gone through this the development agreement that was approved a year ago was a partnership between the two and that truly showed uh between uh your your team from Andrew and Adam and Amanda and jayun and Shiloh everybody in the group was just fantastic and can't can't say enough to uh help us get get to this point uh in a transition from uh the city's presentation that this this first slide is really comparing uh some of the key components to the uh to uh what we had before and the emphasis of this is that uh we want to show that we are actually below maximums where there are maximums uh for instance we could have 962 units here we're at 898 uh density is below f is below um and then likewise when there are minimums we're exceeding those minimums number of parking spaces uh being being the most important and the 473 parking spaces that uh that jayun spoke of uh earlier being provided uh split amongst the the two parking garages within the in the project so uh what I'm going to do here is I we have this all allinone presentation for the north uh so I'll give that and then give pause to uh for you to deliberate on the North Parcel and then we'll continue with the South when when you're ready with that so with the North Parcel the uh the requests that are before you tonight there are four four uh uh different applications that are part of this one being the the the most major part is the site plan uh modification itself it's called a modification because of the the prior approvals that were on the property and now we're amending it uh but it truly is a a new new development uh from the the old uh prior days I'll just leave it at that um and and uh we we believe it's uh far improved uh in addition to that there's a height exception which is you've heard me say before it's it's a little awkward because the code allows you to have a peren of architectural structure above the height but you have to come and ask for your approval um I I don't think I've ever represented one where it doesn't make the building look better to do it so uh which you'll see the other is a community design appeal which uh pertains to uh the habitable space that uh your your dear clerk here was was struggling with and uh get getting that that out and I'll explain that and then the last is a variance also that just pertains just to a portion of the parking garage to be able to get all those parking spaces in there that we need for not only this development but for all of town square uh for the site plan itself this is the ground level floor of the uh the North Parcel um the the Primary Residential access comes off of Boon Beach Boulevard which is at the top of the screen uh the gray massing in the middle is the parking garage which has two entrances off of Northeast First Avenue um there there are uh 1,052 parking spaces in that garage there are 433 uh residential units in in this building the commercial space is 16,988 total spaces that are for the city and public use there are 249 of those spaces that are incorporated into this garage the uh the red areas uh uh on the the screen are the the commercial space which you can see are are focused on Boon Beach Boulevard and around the corner at CEST um the uh the yellow area are residential units that are on the ground floor and then of course as you go up the residential units are uh included and and WRA the whole building on the uh seven floors above this it's a total of eight Stories the blue area is all amenity space for the residents of uh different uh types of uh meeting rooms uh uh Fitness Gym um all all the amenities that that you can imagine in that space the two green areas are Courtyard spaces outdoor space uh the one to the right is a little more active with a pool area barbecues uh that type and then the one to the the the leftand side is more of a passive uh does have uh some uh some amenity features to it as well but a great place to read a book uh there's also uh uh I think this a great amenity that I think each of you saw uh when uh you uh visited casad delare uh um in their other uh time equities other project that they have a co-work space uh in there which is the the top left blue space that uh for residents to be able to use that as part of their their working daily life which seems to be all of us these days this just puts a little more U illustration to it uh the entire perimeter is lined with The Pedestrian Zone area that that meets code uh and actually exceeds code uh in in a lot of places uh it was actually a challenge for us to work all that in because we've got the dot project for Boon Beach Boulevard that goes along the front so it was their plan plus plus the city requirements and our workings uh all of that coordinated to to get to this point um so around the perimeter there's there's approximately 18 to 20 feet of pedestrian space with Street trees paved areas uh there's little Courtyard seating areas that correspond with the commercial space so uh for example you could have a a commercial restaurant and then right next to it there's a couple of spaces right along Boon Beach Boulevard that have that Court space which you'll see in some renderings here here in a moment um and again it's h showing the commercial space and the the different uses as you wrap around the building yeah move into the the the variant on the South Side this this little exhibit is actually the the South uh component of the garage space the area that's in yellow uh extends out and actually what code says is that you can you can build to that line but you go to 45 ft in height and then you step it back 10 ft and then continue up for the rest of the building we've and code allows us as well we've just taken that 10 ft and stepped it back at the grade level and then and then go up from there but for the garage to be able to get the number of spaces in there we needed that additional 10 ft uh of space um so so that the yellow area there is the extent of the garage extending uh to the to the South across from that is the park and the backside of the cultural center on the other side of First Avenue so there's there's some relief there it's not part of the reason for for having this requirement is to avoid a tunnel effect if you will of of buildings right up on the the property lines and and having that tunnel effect uh which you won't have here because of the park and the cultural center that's that's already there um so that's the the the purpose of the variants it's something that we've discussed thoroughly with staff uh you can see that they're requesting or or recommending approval we're requesting the approval they're they're recommending the approval of the variants and that that explains that component of it the community design appeal is also related to that same uh yellow strip where the garage comes out um so what code says is that if you build a garage the the the desire is to have have it have habitable space residential space all the way around it so you have the garage immersed into the building there's a couple of issues with that the biggest being uh circulation and ventilation for the garage and and again to get the number of spaces which uh to to get it in there uh we have it on the exterior we've we've uh shown this I I show this slide because uh actually I thought about leaving the yellow uh the the little yellow box out and make you all guess where the parking garage is maybe take the word parking off as well but architecturally it's been uh it's been prepared in a way that it Blends in with the rest of the architecture it's just a continuation of the architecture but those those horizontal spaces the dark spaces within that yellow box are are openings in the garage for proper ventilation uh for for the garage space uh so that's the the purpose of the community design appeal um and again ' gone through this uh W with staff and they are in in support of it as well the height exception I touched on it before we we meet the uh in fact we're we're well below uh for for the north uh building we could have gone as up as high as 9 9 ft we are at uh 82 ft at the roof deck where their 99 ft is actually measured so we're well below that but then to to get these architectural features above it and to be of a scale that goes with the massing of the building and to provide in my opinion a very beautiful building um I think those those Tower features uh create uh a a great amenity we have a parapet there so if there's mechanical equipment that ends up uh on onto the roof line that will be screened from I don't know who's going to be able to see it on the on the top of the eighth floor um but that's some good eyes from the overpass of I95 maybe but um but uh that's really the the purpose of it so the he exception is to allow those architectural features that that go up to um just shy of 107 ft um and and from a scale pers perspective the the uh the the elevation on the the bottom of the screen really shows it well that it it doesn't seem like it's overbearing uh to the rest of the building and actually accentuates the the architecture and the the uh horizontal and the vertical uh uh approach to the the architecture to try to break up that building facade because it they're they are a block long they're they're big buildings so that's the uh the height exception um this is just showing you some architecture this is one of the the little cutout uh Cafe Plaza areas that I was mentioning before this is a a uh a rendering of uh the frontage of Buon Beach Boulevard and and how uh that's going to look from a streetcape standpoint uh this gives you a a bird's eyee view from the southeast Corner uh looking to the Northwest so that the parking that you see there in the bottom left is the the existing temporary parking that's there now um and uh the fire station is on the right hand side so it gives you a view of uh of the architecture uh this would this is uh looking at the corner of Bon and seest uh you can see that we have different arcades and different heights that again break up the the architecture there's uh there's balconies and uh and columns and awnings and uh all the architectural apperences that I can never come up with when I'm standing here um but um they've they've covered it all uh MSA as our Architects have done a fantastic job of of putting all this together so uh that's the uh the North Parcel uh I can I'll stop there we're asking for uh your approval on the four items of the site plan plan the height exception the community design appeal and the variant uh I'm here we've got other members of our team uh consultant team are here and Mr singer came down from New York today to uh to see this through so our leader so thank you all right thank you Bradley we have now heard from the applicant and I just want to remind everyone that we are addressing these agenda items in bulk we are addressing items 8 a through D for now the north portion of the project and next we will address the southern portion e through G in a separate uh portion of the meeting here um is there anything else to be added either from staff or the applicant there is okay thank thanks thanks to jayun um I put those those slides in there for tis for me to stop talking and this one has one more to go we we do have uh and again this is this is coming uh uh from from staff working their butts off to to get to this point uh with the last few days we've been working on the conditions of of approval uh the two that I have up there that we asking be be modified uh the the one on the leftand side pertains to engineering comments it's predominantly just just cleaning uh up the language that that that's in it um it it was really from a standpoint of of comments as opposed to conditions and um so we went through those again working with staff uh on doing it both engineering and planning and zoning uh staff to do this strikeout and underlying uh component of of the conditions I I don't know if you want me to go through them specifically or do we have a request from the commission to go through them specifically okay yes the the the other one on the right hand side is utilities which is uh pertaining to trying to anticipate restaurant space we're going to be able to do that much easier once we have a building in place and actual tenants working so we just added some language there that uh the grease traps would be provided once we know what the interior buildout and the actual use is going to be so uh nothing Earth rattling here it's really just uh just cleaning them up so it's a a better record okay now I think I'm done okay again this is only for the North Parcel uh go ahead sta is is support for those modification to the condition of approval all right thank you so much we've heard from the applicant we've heard from staff we're going to turn now to public comment again for anything from 8 a through D the northern parcel if you would like to speak specifically on those items uh one second let me switch the timer one second sir all right you may begin one minute two minutes same always three three minutes per person thank you uh Dr Blas 113 T leg Drive Boon Beach Florida 33436 uh I first I want to say a sentence I feel we have a wonderful mayor and he came under attack so I apologize to you for the whole city but now talking uh um about this presentation I actually have to not be a nice guy I feel the the area of Bon Beach that we're discussing according to my estimate is worth about a trillion dollars this is the very heart of our city and we could we can do much better than that I will those of you who have known me for a while including wood you know I would like to have a university of bton now that has been spoken about for and and ignored for 15 years but once we sacrifice the best land of Bon it's very hard to place a university so I would like to speak in opposition to this plan I think it is making this land with proper height is worth a trillion dollars I can prove it to you we're probably selling it out to somebody for a billion or two it's a waste of space uh I would like to see in this area University of Bon I would like to see a magnet school which is badly needed in your District the young people need a magnet school of very high quality right now we're sending them to Henderson I would like to see a research center for Quantum Computing I would like to see a center for Green energy um and I I'm not an artist but I am not impressed by the architecture I work with the best architect in the world lias he's the guy who the people from New York know he build the 1776 Tower we can do much better than that so I know I'm throwing a monkey wrench in everybody has been working hard but working hard is not an excuse doesn't mean that you're working well okay I think the vision of what Bon could and I'm running for mayor when I'm mayor of bon bon will be a University City of the highest quality with the best architecture this is nothing like it thank you thank you next person state your name for the record begin when you're ready Susan oer Boon Beach I think it's no great surprise that I'm against this or at least parts of it so I have been looking forward to us finally putting something in that's nice um I have told reminded you repeatedly including just sending all of you an email in the last few minutes about how um the residents of Buon Beach voted for a 45 foot height limit they actually voted for it's in your Charter please stop violating the charter of the city of Buon Beach and approximately 90% of the residents if not more I I don't remember it's back in the late 80s um voted for this so you know you're violating the majority of the population's rule what they said they wanted second of all um I hate seeing more Apartments coming in and not just cuz I'm a realtor but you know we have more Apartments than any place in Palm Beach County how many times do we have to say that over and over you have created your own housing Problem by continuing to have apartments and not condos or town homes where you can put people on the property Market how can you buy something if there's nothing to buy get rid of the apartments and switch them over um next up I'm going to say we should have more more jobs this this should be you know something that has business spaces for businesses to come in we need to be bringing in Big Ticket jobs I mean Kelly smallridge is constantly saying what can we do for Buon Beach you're not giving her something to do how can we sell Buon Beach if all you're doing is putting in apartments and not putting in industry or putting in jobs how are we getting our share of the hedge funds that are going into West Palm that West Palm is now the hedge fund capital of the United States it's no longer the tri-state area up North it's here are we getting that money are we getting those businesses no we are not because we're building more stupid freaking Apartments instead of having jobs putting jobs in or putting in condos where people can actually afford to buy to move last of all um while Bradley always does an amazing job and I'm not criticizing his what he's put forward um the colors are boring they say nothing to Boon Beach where's the blues and greens that we all sat there in a workshop and voted saying including commissioner cats at the time we all agreed everything should be blue and green and should be oceany looking nothing about this says Ocean or Buon Beach and that also ties along with the style WHYY if we're going to build something let's build something so freaking unique that everybody has to put it on their agenda on things to come visit Buon Beach is to see a unique style you know whether it's making it in a boat shape or a circle shape or do something different you know like look at the Bristol and West Palm you go there because it's really way cool to look at is this way cool different exciting whatever no it's not I think we need to take this back to the table if you're going to force this on it then at least give us something pretty and unique and distinctive thank you thank you all right next public comment speaker I just want to make sure if anyone is going to speak on public comment if you haven't been sworn in to please make sure you were sworn yes U I was here I was sworn in stood up sworn in my name is night 7:40 Havana Drive boka Ron um I live in bokeh uh family was raised my younger sister was born here at Bethesda um and I'm a property owner in Boon for over 20 one second um I'm GNA pause your time all right I just want to make sure all right go ahead Jim you may continue I'm a property owner in Boon for over 20 years um a partner in a in properties here not they own outright myself um um uh for in excess of 20 years and a while back this went to RFP I remember uh that City Hall was being built and it was over on the waterfront which was beautiful to have City Hall meetings over there and so forth uh someone was selected that group didn't have the wherewithal to pull this off um I believe the right companies here I've never spoken to them never spoken to the anybody involved with it had no in interest any way shape or form um I'm very excited as a property owner here in Pointon for this to come forward uh it reminds me a little bit of pometto uh prominade in bone on pometto Park Road except I like the architecture here better I live in batone and I like this architecture here better um this is something that's been in the works for a very long period of time and the only two questions I have as a curiosity here one is the timing of getting um uh Boon Beach Boulevard by a do and their work done out there and the timing for the construction of this project because it's something that's long needed and we all talk I heard some comments about um the hedge fund capital west Palm and I happen to know a little bit about what's been going up there because a a person that works with me in my office his son's number three at Ross uh related Steve Ross's company related New York and yes their the hedge funds those guys that own the uh companies they're buying homes and Building Homes anywhere from 50 million to 450 million which was just an assemblage by Citadel by Ken Griffin but those employees live throughout Palm Beach County and being able to have some of their employees that they don't start at small salaries they're targeting pretty high salaries to start at to have them live in the backyard is a huge positive and I think they will add a great deal of interest to the community and so forth and I think this is an exciting project and' be great if someone had any answers about the timing of those two projects meaning the roadway as well as the project I certainly support it thank you thank you all right I see another person approaching the podium again we are on items 8 a through D all right state your name for the record were you sworn in I was not Kev def Frank thank you meley can you please swear in you swear to tell the truth the whole truth say nothing but the truth yes I do thank you all right so for this for these items um I am in support of this mixed huse project I think it's an awesome project and I think it would be a great benefit for the community I just have one question um how many um affordable or Workforce housing units are being proposed if that can be answered and that's it um so during this time uh it's not a Q&A okay but in a public hearing however they will able to come up after all the public comment has concluded all right thank you thank you all right any other public comment speakers again items 8 through a all right say your name for the record and begin when you're ready sir uh Steve muckerman I'm not swor oh all right do you SAR to tell the truth the whole truth and nothing but the truth do yeah I think this say your name for the record again yeah Steve muckerman and I apologize dress I kind of came here in promptu uh but I think it's I think it's a flattering gesture that people from all over the country want to build something here in our area I think that speaks volumes that we have something that people want and it should be used very wisely um with that said I'm all for redevelopment the only concern I have is that um a lot of apartments around here Apartments tend to be migratory so I I kind of think that we should kind of use this land very wisely and get more condos and perhaps single single family homes Del Beach is people stacked on top of people like cordwood there's a lot of traffic there so I would encourage us to use our scarce land wisely and not get too many souls in here which reaks a lot of traffic thank you thank you last call for in-person public comment speakers I will take it this is the last individual in the audience all right do you s to tell the truth the whole truth and nothing but the truth yes thank you so um as a good point that was heard name for the record oh Cameron Maharaj Bo Beach resident 18 years all my life oh gez so as a good point that she said with the influx of private Equity into our neighborhoods where they're gaining the most benefit out of this and what she really said that really CH what do the residents gain from this you know when we have a lot of these apartments like he just referenced delr it's just horrible over there the traffic the amount of people trying to go through that one little Street what do the residents of Bo Beach gain from this and I don't really see the value so when we're talking about let's say the single family houses we have people having the option to to own but when these apartments just keep on coming in and Bo is the most apartment City it's ridiculous cuz people don't have any chance to own the property that they live in for these years and then looking at let's say their other development in West Palm that he was boasting about the average rate for a two-bedroom right now is 18800 and that doesn't really balance out with the medium income for a boing Beach resident at the moment and I I just want to see where this is going to go for affordable housing units and how is that going to help out for small businesses around us uh thank you thank you all right so that was the last person in the audience I'm looking online and there is no one with their digital hands raised with that public comment is now closed now I will invite staff and the applicant back up for any final comments or responses and then we will open the floor for questions from the commission timeline of the project I'll go first uh Again Bradley Miller here uh for for the applicant I'll touch on a a a couple of questions here uh to to Mr Knight's question the the Boon Beach Boulevard project was uh initiated for construction in December so that's uh to be started started soon and they give it uh 18 months 24 months to uh move forward uh as far as as this project goes the uh the plan is that we would actually start uh with the South parcel uh since there's a temporary parking on the North Parcel that would give time for Boon Beach Boulevard to be uh to be worked on the temporary parking is there uh it would give the garage space quicker to to City Hall uh coming from the south um there's a lot of variables as everybody I think in the room knows of what's going on but uh ideally uh we'd like to be under construction in in 2025 for the South parcel we haven't talked about the south parcel yet and then the North Parcel would follow afterwards um the uh there is a question about the workforce housing units there's this this project there's 122 61 in in the north 61 in the South 122 total for the two two properties of Workforce units that uh are aren't necessarily going to be in the project but there's the payment in lie that would go into the workforce housing fund here in the city to uh help continue that effort I think uh those are the points that I wanted to address all right thank you anything from staff and response I just wanted to follow up on that last comment so while there won't be the construction of Workforce housing units they are participating in the city's Workforce housing program through the pay and LU of program uh by staff's estimates each the North and the South would be responsible for a payment of about 2.2 million into the Housing Trust Fund which is then um used to fund programs and Workforce housing that the city is responsible for all right thank you so much everyone I'm going to turn now to the days for any questions or comments either for staff or the applicant so if both of you could just stay at the podium I'll begin it doesn't matter let's begin with vice mayor Kelly if you have any questions you're ready you're on it we could go on the other side it's okay too no I don't necessarily have any um questions I think um all my questions were answered I had a separate meeting with Amanda and I think I'm I'm good good all right uh commissioner hey I notic you had I noticed you had some cutouts on Buon Beach Boulevard I saw just the one which is a where tables they were eating is it just the one on that North Side there's actually two along that north side plus three three along that North Side okay so you're anticipating more than one restaurant type on the North I yes I would I would say say so we honestly we don't know what that that number is it's a ways down the road to be able to put tenants into place but it would be it would be more than one uh and and there's there's three along Boon there's one on seest plus the sidewalks themselves are 18 to 20 feet in width which are really established to allow that outdoor space to to function for restaurants as well as retail space you can you know if you want to bring your retail space out to the sidewalk on a daily basis bring it back in type of scenario so that's built into the project and I'm Robert Singer Hi how are you commission thank you so much for hearing us tonight on on that point we actually feel we're actually really excited about um because you know the issue is that people want to be outside but being on this with tables for restaurants but being on the sidewalk is difficult that doesn't really work being in the sun is difficult so the Architects came up with this interesting thing that's actually it's done in Palm Beach all the time we call it the I don't know if we call it Courtyard or whatever but what it allows for is on Street seating shade it allows for a lot of activation it's very beautiful very Florida very Palm Beach and those are the types of things it actually helps for Logistics too but those are the types of things that actually help us attract the the good restaurants because the restaurants say uh you know I want outdoor seating when we can give them those kind of Courtyards that helps so we're excited about and very focused on delivering I mean I I say generally I mean very focused on delivering what the city wants what you set out to and we think this is a great way to do it very good robt I also noticed that I guess it's more of a question I didn't see it on your your picture your diagram will will there be any type of canopy over those I know people sometimes you want to move the table out a little bit but sometimes the sun can be kind of hot so if you had some type of that I miss it uh yeah there's a there's a loia that sits over it if you can can you see it here oh yeah okay I do see the the top part there yeah and and actually what you're seeing is one of the entrances to one of the retail stores right the glass doors on the side but there's another store so there's another store on the left so each kind of Courtyard is shared by two different stores um but this will this will be this is a great solution for the city for the restaurants for us for for the patrons this allows you to activate Pointon Beach without having to sprawl you know people and um chairs and whatever all over the uh all over your new sidewalks you know Robert how far back the top that I'm looking at here at the top there is uh from the the sidewalk from the edge of your your wall exterior wall and that little it's probably about about 40 ft deep there about 40t 40 to 45 ft deep yeah oh okay the the commercial space itself has to be 40 ft by code so it's designed that way and then we've got the the the arcade that that comes out so I'm probably being conservative of 45 very good okay that's all I have for right now yeah all right thank you commissioner hay let's turn to commissioner turkin questions comments for staff for the applicant thank you mayor um Rob Bradley thank you guys uh for investing in the city and you know I got a couple points you know the the right for density thank you for not going to that Max density I think it's no no secret that the great residents of Boon Beach especially District 3 do not like DSE Apartments um we don't want to be anything like West Pond Beach we're Boon Beach and so I know that uh this was a complicated deal and um you guys took the deal regardless and so I appreciate your investment into the city one thing I do want to know for the public that I think is important that this commission had put forward were the impact fees prior so this project is going to bring in $2.2 million uh in lie of the workforce housing program to the city's Workforce housing program $1 million in art for the Arts fund $1.7 million for our Parks uh parks and wreck that was something that commissioner Cruz had brought up um and so I think that's huge for the public to know that you know yes there's investment but what we're also doing is we're also increasing our budget doing what we can to alleviate the burden on the taxpayers and that's by working with you know developers and and making sure that um you know everyone pays their fair share also we're getting over $360,000 uh from our police impact fee that I had brought forward so I just want to commend my colleagues on the Das for making these wise decisions these are some these are things that probably should have been done a long time ago and you know now we have the ability um to generate and and fund our budget in different Avenues so thank you for that worried I may have to escort Mr singer back to a chair [Laughter] here sorry I didn't mean to interrupt I couldn't help the opportunity I think it's important to know that however um I do have a couple questions you know this um that were emailed to me and so I just want to make sure I have those answers um as far as the uh commercial the potential commercial tenants it's it's it's some some time away and you know it's always going to be Market driven what are what are you guys looking at as far as and this could be answered for both the northern and the southern parcel what are some of the commercial tenants you guys are looking at to fill in those spaces well I would say um kasamara is a good example of of of what we're thinking about for here um kasamara we had eight spaces and some of you have been there some of you haven't but it's sort of like we we we went out we talked to the community we talked to the markets and we figured out we wanted we wanted a wine store we wanted the coffee shop we wanted the taco place we wanted the interior design we we made we made uh sort of categories of what the community wanted and then we went out and took our time to find what we thought was the right proprietor for each base um and it's been highly successful in fact actually uh guaco and um Common Grounds came from Boon beach now they have their um they have their locations at kasamara and those are the types of um we we moved Meo on South Dixie um to our plays anyway we found we it would have been easy to fill it up with banks and you know Med Spas could have done that N9 seconds but we took our time we listened to the community we found the right people and everybody is Happy everybody and that's exactly what we're going to do here I can't tell you exactly who's going to show up but I can tell you that that's how we're going to go into this um the retail is really what the community is getting here and this that's what we're going to deliver and we and time equities you know to to sort of back the whole thing up we own something like 20 million feet of retail around the country we have great relationships small PE small um small operators big operators but this wants to be small operator nice restaurants um and art galleries and things that engage the community so that that's the that's the theory we've done it that's what our plan is thank you rob um the next question I have is in terms to the the parking the public parking what does that look like what is the lease agreement between the city and time equities as far as metering and and sharing that cost we signed those those lease agreements when we did last year when we did the master plan like full-blown leases for 100 year you know 100y year leases every single space identified exactly which one's metered which one is not metered which one can be so the whole thing has has been um lawyered to the you know more more more legal dollars spent on these uh parking leases than I I normally see um I mean Amanda can speak to it if you want if you would like a rundown I'm happy to give that to you that' be great thanks Amanda in the south parking garage there will be 171 exclusive parking spaces with rights to the city and there will be 53 non-exclusive parking spaces so those are essentially shared um the city would have use Monday through Friday 7:30 to 6:30 and then the idea is is that those 53 spaces could transition to guest parking or something else overnight but it's only 53 of them 171 are exclusively the cities um this comes with no payment for the parking um but there will be a cost uh share a proportionate share cost to the city for the um for om andm so for the the operation and maintenance of them in the North Garage we have 192 exclusive parking spaces and we have 57 of those non-exclusive parking spaces again no upfront payment but a proportionate share andm cost moving forward thank you for that CL and I would say I would say it's worth mentioning that I mean building parking in this world is is expensive um you know all day long if you asked a contractor they would tell you it's like 30 grand of space to build structured parking so I don't know what 30 grand time 400 173 is but um but it's a lot but that's the that's part that's the deal we I mean that's that's the deal that's what the city's getting on top of commercial on top of the tax base on top of the impact fees on top of um all of these things but I think it's it's really important that the city that we all we're we're we're partners and you know you didn't write this deal I didn't write this deal but we're it is the sort of the law and we're all following the rules and the city's getting what they bargain for um which I think is the most important thing and getting it I think elegantly absolutely absolutely again you know make no mistake about it my opinion of time equities is uh extremely high you guys uh know what you're doing you're investing a lot in the community and um you know for me personally you know I I think this is a great investment but I'm not sitting in this chair for me I'm sitting in this chair for the residents of District 3 um 20,000 roughly voters and um you know out of good faith I have to I have to not go with uh these variance requests um you know I just couldn't couldn't look my voters in the face and especially after hearing you know they're not for this there was an issue from the beginning um but again you guys are investing in the city and you know me personally I'm very happy that you guys did this deal obviously the land was not cheap it was uh marketed at a very high price and you have to you have to make the numbers work right you can't do anything if the numbers don't work and I understand that fully and and more to the and and 100% agreed and the other the other thing is because you know that says when when are you going to build it um because we paid financing because we paid real money for the land it does us I mean we're real Builders we just finished a sky I mean we this is what we do so it doesn't help anybody to sit on land um we happen to be fortunate that we have the capacity when markets are bad to wait until markets turn we we can't um we can't change uh the FED we can't change a million things but um what I think what we've said to you all along is that we're gon to we're going to get this done as soon as it allows for and and to back that up I mean we said this last year um we the development agreement allows three years for us to be where we are today it allowed us three years to get our site plans approved and we said we're going to come and just we're g to we're going to do it and we're going to work hand inand with staff and here we are one year later and we're already into the next phases of planning and and and design our contractors already talking to Subs the mark the markets are very complicated these days um weirdly we do at actually well when markets are sometimes uh wobbly because we have the ability to finance when others don't most of the time so I mean sort of wrapping a few different points together but um Thanks for believing in US yeah listen listen again it's uh completely nothing personal I'm just doing my due diligence as a representative and uh I I I I know and you've heard it earlier there's the utmost faith that you guys are coming in you're investing in the city you know there's no I don't think there's a question about the capability or the quality of work that's going to be provided so I just want you to know how I feel personally and then my duty as a elected representative to serve my community and those are all the questions I have because you already answered the uh construction timeline so thank you all right thank you commissioner we're going to turn now to commissioner Cruz all right um just wanted to quickly discuss or I know we talked about during the agenda review of what changes were of the proposed commercial space before and what it is now do you happen to have that I do so in 2020 um the last master plan Amendment uh recommended or I'm sorry approved 34,000 square feet of commercial space meaning when we started negotiations with this you might not have the number uh so all the way at the beginning the original master plan with under jkm is that question yes it was the 34,000 that is correct so it was 34,000 the current proposal is at 38,000 got it okay thank you no no no what what I was referring to is when we started negotiations I don't know if you remember but what I'm the point I'm trying to make is that we made a significant impact in increasing the amount of commercial space but I can't recall exactly what the original um originally we had something like 7,000 square feet right thank you that's the correct thank yep so um something that I now our two our two build our two buildings combined for 23 or 24,000 yeah yeah 2 and then if you and then if you add the retail that's that's programmed for for phase four then you get up to the 38 38 38,000 but but just as it relates to our two Parcels um not because we were trying to short anybody but just because I don't know the design laid out we probably showed up off the bat with 12 or 10 or something and then people said Well we'd like more and we said great that's what this is about uh we we listened went back and figured and and and um we're fully we're not asking for we're fully complying with all of the actually at the same time there was like I believe there was from commissioner Cruz there was new um regulations as to Street Frontage of retail and activation and and all this stuff so then we had to sort of rej Juggle all of that and we're fully complying with everything thank you yes that my point was was I was going to commend the commission and the entire board because um we did not have minimum square foot Frontage for commercial spaces in the city of Boyen Beach and this Administration was able to pass that and create a minimum to make sure that in future commercial um mixed use developments have a minimum commercial Frontage so that was something that's important it's something that made a big impact um to the Town Square project and it's something that I want to give credit to the entire commission um and yep I and those rules came with also a 40 foot depth requirement so that developers can't just like you know do a 10- foot deep store to comply with the frontage right um so so so we we had to dig 40 feet into the building but we complied and and to be honest with you it is the right thing to do because then you can have real space real real retailers um there's height limits there's depth limits there's Frontage there's I mean activ there's it's it's a it's a very detailed um policy that we followed to the letter and we kicked and screamed a little bit maybe but but it's Bo Boon is better but better for it and the commission than a little bit though thank you no no just just wanted to um maybe more than a little bit no just wanted to celebrate something positive um I I do know that the density is a bit high but when looking at the land and the property rights that come with the land it's something that is there and it's something that um you know comes with the property as it is right now um so that is all I have I think we've you know we've had previous discussions a long time ago not recently but um I did get to ask all my questions to staff so that's all I have thank you thank you so much we have now heard from the applicant we've heard from staff we've heard from the public the applicant staff had an opportunity to respond the commission have an asked all their questions it is now time to vote vot we are voting individually on items 8 a through D beginning with item 8 a and this is not an ordin so I will take a a Voice vote is sufficient um may have a motion to approve item 8A so move we have a motion from commissioner Cruz a second I heard from commissioner Hay all those in favor of approving item 8 a say I I I I all those who oppose say no all right motion passes 4 to one with with commissioner turkin dissenting all right moving on to item 8 B may have a motion to approve item 8 B so move we have a motion from commissioner hay to approve item 8 B is there a second second we have a second from vice mayor Kelly all those in favor of the motion to approve item 8 B say I I all those who oppose say no all right we have one uh descent uh so motion passes 4 to one The Descent came from commissioner turkin moving on to item 8 C may have a motion there it is motion to approve came from commissioner hay is there a second second we have a second from commissioner Cruz all those in favor of the motion to approve item 8C say I I all those who oppose say no n okay all right motion passes 4 to1 with commissioner Turk and desent uh we're now moving on to item 8D may have a motion to approve item 8D so mov we have a motion from vice mayor we have a second from commissioner Hay all those in favor of the motion to approve item 8D say I I I all those who oppose motion passes 4 to one with uh commissioner Turk and dissenting thank you so much everybody we are now going to proceed to the next series of items on the agenda which is still pertaining to Town Square but the southern parcel and before we proceed any further we are going to begin with disclosures on items e f nng let's go around the days let's begin on the right uh go ahead commissioner would have we disclosures like ever or like for for items e f and g yeah I okay does that make sense we've had meetings before about this project but not about the variances specifically start okay sounds good vice mayor again these are disclosures for items EF and G this is for the southern parcel as to these matters 8 EF and G I have not had X parte Communications I have not received written Communications I have not conducted an investigation I have not made a site visit except for driving by every week I have not received expert opinions I request that these disclosures and all written Communications be made part of the record thank you Vice is just specifically for those these new three changes that is correct these three specific items so it's not the project in general it's just these three okay thank you so much commissioner hey as per items EF and G uh as to this matter I have not had exper communication I have not received written communication I have not conducted an investigation I have not made a visit I have not uh receive expert opinion I request that these disclosures and all written communication be part of the record thank you as for myself regarding items 8 e f and g as to this matter I have not had X parte Communications I have not received R Communications I have not conducted an investigation I have not made a site visit I have not receiv received received expert opinions outside of staff I request these disclosures and all R Communications be made part of the record all right moving on to commissioner turkin thank you mayor as to this matter I have not had expart Communications I have had uh receive written Communications via email I have not conducted investigation I have walked by this site hundreds of times so on the way here I have um not received any exit opinion and request that these disclosures and all written Communications be made part of the record before I forget I just want to thank time equities again for putting that um barrier around after that storm it looked horrible so I think when it was brought forward you guys got it done in like a few days so I really appreciate that and the community does too so thank you thank you commissioner Cruz yeah I request that these disclosures are all written Communications be made part of the record thank you commissioner as to this matter I have not had expart Communications I have not received written Communications I have not conducted an investigation I have not made a site visit I have not received expert opinions outside of City staff I request that these disclosures and all written Communications be made part of the record thank you so much everyone we're going to turn back now to our city clerk to read these items into the record again 8 EF G melee 8e is approved development order request for Town Square South parcel community in design appeal of part three chapter 4 article 3 section 6 f2d of The Land Development regulations which require the integrated parking garage to be wrapped by habitable area to allow the north facade of the garage to not be wrapped with habitable area 8f is approve the development order request for a Town Square South parcel height exception to allow the peak of the architectural Tower features of Town Square South parcel mixed use pro project to be constructed at 105 ft 7 in 18 ft 7 in above the maximum allowable height of 87 ft in the mu3 Sony district with participation in the city's Workforce housing program and G is approved the development order request for a major site plan modification for Boon Beach town Square South parcel to construct 465 multif family residential units 6,816 ft of commercial areas Associated recreational amenities and a parking garage on a 3.8 Acre Site in the mu3 zoning District the applicant is Robert canor and Boon Beach Town Center Apartments 1 LLC all right thank you so much we thank you for for that we're going to turn now you know the drill let's go to the applicant good evening again Bradley Miller with Urban Design Studio uh representing time equities here as the applicant for the the South parcel uh similar situation here where there's actually three components no variance included in this one uh uh but we do have the three three parts of the applications of a site plan modification the height exception for the architectural features again and the community design appeal that again pertains to the habitable space uh wrapping around the the garage uh for the site plan itself the uh the primary access uh to the for the resident is the yellow arrow there which is across from the amp atheer uh off of Southeast First Avenue the two blue arrows are giving the access points to the garage that's uh right outside the the door here uh so it gives uh I I see that being the predominant space for for your staff and for for meetings like we have here today um uh and then again uh we've got the commercial space uh 6816 Square ft of commerci commercial space and 465 residential units in this also eight-story building uh we're allowed to have up to 87 ft in height here we're again below that height to the roof deck as it's measured uh we do have the apperences above that are allowed by code with the height exception that's before you tonight parking garage has uh as well actually there's 1,024 total parking spaces for for the project uh for the South project and 224 of those out of the 473 for the city uh use um similar type of design we've got the commercial space on the on the corners um and then uh wrapped with the rest of the ground level spaces residential do have some amenity uh spaces that's on the South Side like uh the the PL Vault and and the mechanics the backup house if you will um internally there's H there's plenty of going uh this slide actually shows it better again uh the amenity package uh uh with this is going to be fantastic for the residents uh between the the blue space which is just an asundry of different types of amenities on top of the the two different Courtyards similar layout uh and the co-work space that I had mentioned before uh for the north building um same approach with the Landscaping we actually in in this building we are able to uh the 10- foot step back that I talked about before thus the the variant we're able to accomplish that on all four sides here uh of the building so it actually gives a little extra room for some Landscaping along the street but we still have that pedestrian space uh of uh minimum of an 8ft sidewalk Street tree areas uh landscape areas um and then U along Southeast First that space is actually deeper um so I think it's going to be a great amenity uh being right across from City Hall and from the amphitheater itself the the yellow uh the yellow box here on this is really showing the area for the community design appeal that I'll touch on uh again that space is is again that fourth side of the parking garage that isn't wrapped with habitable space it's still architecturally designed to be very consistent with the rest of the architecture of the building uh but it provides the ventilation that's uh that's really necessary uh from a garage standpoint uh so so you don't asfixiate yourself when you're parking to uh come to uh City commission meetings the uh um so again this this community design appeal is to allow for that that Northern facade of the just the garage space itself uh to to not be wrapped by habitable space um staff again is is supporting this request the height exception uh same thing here were 82 ft to to the roof deck uh and then we go up to about 106t Fe to the peak of the the architectural features again massing scaling architectural style um um bring brings uh those those features into play and uh really finishes off the the streetscape uh look of the building itself uh so that uh we're asking that the height exception be uh approved as well for those uh architectural features just to uh show some of this uh some of what the architecture is going to look like uh this is you can see where the amphitheater is to the right side is City Hall and so that's the north side of the building and the east side of the building and then uh from the South Side this is from the southwest corner looking to the Northeast looking up Sea Crest on the left side and Southeast Second Avenue uh across the the the bottom side of of the um of the screen um this one I I do the the height is something that uh is established by the zoning District uh which we're complying in and actually staying below uh the maximum height here and trying to provide that uh landscape space uh especially there along the south side with the single family uh adjacent to the South and this is giving you uh a little more of a a street uh view uh this is on South the Second Avenue um commissioner hay we do have that same type of of atmosphere on the north side of the building uh like we do on the North side for the retail space and and the the plaza space that's covered uh so so that's that's uh part of this design as well um and um that's really uh summing up uh the the project itself site plan modification Community design appeal for the garage and the habitable space and the height exception for the architectural features and again we have these uh suggested uh modifications to the conditions that are the same as last time some cleanup on the engineering and then just adding the the language into the uh utilities condition that allows us to uh identify grease traps at the time that the restaurants are coming in for permitting so I believe I covered it all this time and and um just just just since that's really the end of my presentation but I think this is a a a great slide to see uh once this is all implemented and and constructed this is uh a seest Boulevard in the front uh at the the edge of the arrows and the the different components of the the project obviously it doesn't plug in phase four which is still up to to uh commission whether it's this commission or the next commission as to uh what that is but um for me someone who's been in Boon Beach for 34 years now this is really exciting to to see this and to see the the growth of the downtown of Boon Beach so thank you thank you let's turn to staff any comments U no further comments just the staff we want to inform that um staff is in support to uh minor modification to the um condition of approval all right thank you so much uh with that let's turn to public comment again we're items we're on items 8 e f and g this is about the southern parcels and the related development order request e FNG G one one second one second uh sir one second I don't think the microphone is on can can you double check um Adam no is it on thank you so much there we go Dr blast 113 Tara Lakes Drive Pointon Beach Florida 33 436 I don't want to waste any time I like everybody here this is the greatest city in the world but this is the lousiest plan I have ever seen the land that we're describing in both South and North if I'm professor of mathematics I can prove to you mathematically the value of that land if properly used is a trillion dollars for a few million you're selling the city don't do it they they put on a my suit presentation so on my comments were ignored Susan oer who is descended from the founders of the city she represents the best history of the city everybody the so-called proponents and the staff ignored what she said so is this a democratic discussion I sense corruption here I'm running for mayor I'm going to announce now when I get elected my Administration would take over all this building all this project and do it right we're not going to sell Bon beach for a few million dollars thank you all right next person on the right this time thank you thank is it on okay thank you Susan oyer Boon Beach um so I I guess I have some more questions on this one CU I sat in the Arts I was on the Arts board when all this came up and the art that was supposed to be part part of this I'm not seeing I seem to recall that there was supposed to be some kind of liquid screen that would be showing things like a round point or something as part of this project and I'm not seeing that on here um there was also supposed to be some kind of um mural from Amanda Johnson on the garage I'm not seeing that either um I it looks like it's all just one big part of the of the project which is fine and I get that and and you know my argument with height will never be listened to cuz I'm right and you're wrong cuz we all voted for it and you guys aren't doing what the residents want but moving past that where is the art feature so if it was already approved years ago for a liquid screen if I'm remembering correctly but for sure this mural That was supposed to be painted on the garage where is that that's not on this um I think you really should be looking at a living wall on the south side of this you are putting 106t build building directly across a small residential street from single family homes these are one-story homes and you are putting seven more stories up that is in no way compatible the city has a compatibility rule that you have you can't go more than one story above what the existing is when you build something new because otherwise it's not compatible would you want to live in those homes and don't sell me yay they can sell cuz that's just an excuse for you to build more ugly big tall buildings that the residents have said repeatedly they do not want how how would you like to have your child growing up across the street from this how safe is that going to be and and this gets back to the email I sent you earlier there is proof that the ground pounding for these tall buildings causes the ground to syn which is in the email I just sent you but it also is leading to sink holes there this this is not good this is Too Tall it's a beautiful project but let's make it compatible stair step it in from the single family homes both across Sea Crest which is not that wide to account for seven story difference and definitely not a 15t street across from single family homes if you were those people living there and they've lived there for decades and paid taxes for decades do you really think this is the right choice would you want that in your neighborhood I know for a fact none of you would so please um maybe we should be looking at discussing the art that was supposed to be part of this that you have yet to address and the compatibility thank you thank you one second sir all right my name is uh Mr James Edon sworn in sir excuse me have you been sworn in no M you SW to tell the truth the whole truth and nothing but the truth yes I do thank you okay um uh make it short and quick say your name for the record Sir James ederton they call me Mr May and the politician for the children um what we want to do I came last time when you talking about the baseball field and crime and stuff little children say they don't got no place where they can talk about our issues and stuff we had a child that got killed on the motorcycle went on the fourwh and we got property but we don't let them do nothing we always tell them what to do we build big things so we can get tourism down here but what about our children now in the third grade if I don't pass the FCAT they got a jail Cale for me okay what I'm telling them about I have a son I'm divorced and all this other crap but y'all won't never let them talk about nothing just like the churches you always tell them to do something and they do it but you don't listen to them they go to school and stuff we don't they don't talk to us I don't talk to grown-ups either because you always tell them to do something when they get old then they mad so get them a place and they'll fix themselves you talking about the drugs and all that you got to tell them the difference and let them do choosing you can't just say don't do it you got to tell them why I'm tired of all this killing around here I was on the Block I be over there where they sell drugs and stuff because I do Denzel training day because I need to KN what the problems is so I can tell God about it sir I want to thank you for your comments but during this time it has to be about these three items yeah the children all right thank you all right next public comment speaker again we going to be the best city nothing man sir thank you we're moving on to the next person again as a reminder have you been SW sworn it we're going to wait one moment let finish got a point officer please escort him out thank you thank you have you been sworn in yet go ahead do you swear to tell the truth the whole truth and nothing but the truth thank you uh Neo Richardson Southeast 2 Avenue um you know this has been a plan going on for 10 12 years I've been waiting patiently for development I like the design it's a beautiful beautiful building beautiful layout I agree with Susan too all um but you know these people spend a lot of money probably on this property and they got to make the most out of the square footage that that they can so it's their property to do what they got what they need to do to make their money to get their returns out of it uh I prefer to be condos rental properties we have abundance of rental properties I wish it would be condos but like it is it's their property um um thank you for put putting the wrap around the fence it was tattered for a while I made some complaints the fence the grass was growing long now it's all mowed now I know why we're having this presentation so everything looks great so appreciate that um uh you know I I just been waiting a long long time for this I I I'm I'm glad finally something's been proposed I love the the the on Southeast 2 Avenue the apartments in the balconies and the the the towers the uh the the you know I'm in the field so only thing I don't see is like the top of the elevator shafts how high are they going to be are they going to be like please speak on I will I will I wanted to look at them when I spoke to them so I want to know whether the the top of the elevator shafts are going to be an issue because the elevator's got to go to the top floor and if there's a machine room there it's another 15 ft above that with the roofs and all so that that might add into to height restrictions so I don't know what they're doing with elevators and but I love the exiting the parking off Second Avenue I was I was very concerned that with the Second Avenue gets a lot of traffic there's kids on that street and I I just see that it's going to get worse traffic down there but it is what it is but I'm just glad this is finally happening he said he can start in 2025 I don't know where his plans and his I see renderings but design the the contractor is going to want to throw back all kinds of things of value engineering to to to change the design of the building I'm Leary of that because I like all the RO Ro and the balconies and the the canopies over the balconies and the offset building going in and out all the way down all that costs a lot more money so that's what I'm leery about thank you all right thank you so much sir and I see no one else in the room that has not yet spoken so we are going to go to those online and there is no one online so public comment on this these three items is now closed um let's hear from staff and the applicant for any responses that to anything that has been said th far e either one I'll go first again uh just in response to miss willer's comments the the art I think that was the Pierce that she was thinking of because we haven't we haven't really proposed anything specific artwise as part of uh of that that response uh part of the development agreement is uh we it's either the art or a million dollar contribution that goes to uh the city of Buon Beach for the art program so uh we're we're providing it right right we're fully complying with if this is on we're we're fully complying with um the art program as specified in the developer agreement we didn't show art here um because it hasn't been selected yet and we want your all feedback but that's that's another day and as Radley said we have the choice as I understand of proposing of putting the art ourselves or paying a fee to the city for it so the fact that the art isn't reflected in the renderings is not bad it's just we're not there yet um I can add a little more to it actually there was a um the colorful drawing to propose on um faad of the parking garage um it was part of the renderings in the master plan I believe leave this um residents to sew those renderings and then they were expecting it now those are removed because it is removed the those components and now it's going to be art fee so um we don't know if it's going to be art fee or if we're going to actually put the art we have the choice but you're right at one point we rendered screens in the um colorful screens in the windows let's say of the parking garage as just as just North building as just a placeholder but anyway the art is going to be dealt with properly um the other thing uh that missya brought up was across from the single family we we did I think it was December that we had the public uh public meeting had a great turnout uh I and say commissioner turken now sorry you lost the VP uh uh but um was was there and um had a great turnout good dialogue and our feedback was nothing but positive uh coming out of that and appreciate Mr Richardson was one of those who was there and appreciate him coming out tonight to uh address his comment about the elevator shafts that's all part of this height exception there's a parapet that goes up that will help screen that as well as the the height of the architectural features that are up on that and the elevators are are set into the building a little bit so from a ground level they're just not going to be a part of it the elevator shafts by code can exceed that height and then they're screened by these parapets and the and the architectural features um and then uh one last thing it uh that I have is for the garage access I'll say when we first started the design of this south building the access was coming out on the Southeast uh Second Avenue and we got uh your staff uh quickly said said yeah no uh and so uh about face and we and we got that turned around and um happy we did mayor if I may yes uh I just wanted to uh clarify for the commission that based on the developers agreement the public art program um it has been selected already that it would be a $1 million contribution based on the developers agreement as it stated so that money will go into the public art fund and will be utilized for public garden Civic spaces all right thank you um if there's no other further comments let's move on to questions from my colleagues let's begin on my right this time commissioner Cruz any questions for either party regarding these three items we already discussed the South all right thank you all right same thing with commissioner turkin commissioner hay any questions for them on these three items just have some uh clarifications uh going back to the height I I notice I one the maximum allowable height was measured at 99 ft and on the uh the other one was 87 ft a difference of 12 feet could you explain that again certainly um there are there are this project is amongst three different overlays uh which complicates matters all along this is within What's called the cultural uh district and what they allow for what the code allows for is that when you're in that district and when you participate in the workforce housing uh uh program which we are then you're allowed another 12 feet or another floor for the north building that you've already acted on it's in the Buon Beach Boulevard overlay district and it allows for two floors more that takes it up to 99 ft so that's that's a difference but both of these are at 82 feet 82 okay and uh and then the impertinences above okay um just a general question the the our employees right now are parking mostly on the North side that open parking lot are they going to have adequate parking uh in that whatever the number was that you stated for public parking and those two buildings so as you can probably imagine parking uh our our parking gurus in the room and I think her head spins at night with the numbers uh um but the um but the parking numbers are there through the master plan the development agreement the number between the two the North and the South was 473 spaces that are assigned for that and and uh this this one I can never remember the the specific numbers this one has 224 uh parking spaces in this South garage that'll literally be right out the door that's more than adequate for for our parking public parking for employees then okay that's all calculated the the city hall the cultural center the Children's Museum was part of phase one and and if you don't count the temporary parking spaces there's 66 parking spaces to support all this because of the anticipated development of these two projects and these two garages so that's where these additional parking spaces everybody wanted it to come faster but if it wasn't for time equities we might still be looking for a developer to do that so they're coming in and and providing that parking that's needed that not only does it support the project that they build but it also has additional parking spaces that cover the uh the use of City Hall and and the Civic uses of the cultural center and the the Children's Museum excellent and then there will be at phase four we'll have more parking yet yet to go beautiful I I think it's a great project that confuse you enough I believe it I I you got it I get it and and you you um in agreement with all the conditions of approval we we are with the exception of those two that I I put onto the screen uh number six I think it's number 19 which is really just cleanup of some language that we've worked with staff to uh to reach an agreement on making those modifications it's going to make a a cleaner record for pretty important development in the city staff was in agreement with that okay thank you thank you thank you commissioner hay vice mayor Kelly questions thank you um my only um well I say my only question but it usually leads to another one but um the the extra height is it to kind of even it out with the north so the North and the South Parcels or not um at the it really does uh just because they're they're similar in elevation and height height of the building themselves but it it's really to provide a a better architectural feature on on the top the um the the roof lines here so the uh on the slide here the the bottom red line is where the roof line is and then you can see it's those essentially it's those Tower features that that go above if you go less than that uh I've used this approach in in presenting things like this before of show it without it is ugly it's just ugly um this this finishes the top of the building plus it provides the purpose of of screening the mechanical equipment elevator shafts things like like that so there's purpose and there's uh um Aesthetics to it thank you um my other question has to do um going to it was mentioned in public comment about the color I know these are renderings but what Rob what's your kind of your vision for I mean is this really what you're thinking that's going to be Browns and darks and um or and and what does the city you know how much control do we have over what color you so I do want to clarify these colors are approved within this process as well so I I would say it might be coming off more brown but most of it um are cool grays a white um if I'm if I'm correct and the the where it drew from not not the point to finger is is I mean it's it's all one project so uh the city hall building was the the newest architecture and there's the the paint palet is if it's not the same it's it's similar and in colors and natures and the architectural features that are part of it the the darker Browns that are there are the darker Browns that are part of City Hall so I think it would throw it off if we went to a whole complete different um architectural skin okay great thank you that's all my questions thank you thank you so much um we're going to move on now we've heard from everybody again these are items 8 e f and g we're going to proceed to voting on item 8e this is the development order uh for the South parcel for the CDA Community design appeal may have a motion to approve item AE so moved second we have a motion from vice mayor a second from commissioner Hay all those in favor of the motion to approve item 8 e say I I I all those who oppose motion passes 4 to one with commissioner turkin dissenting item 8f all those in favor um excuse me is may have a motion may have a motion to approve item 8f so move we have a motion from commissioner Hayer second second second from commissioner Cruz all those in favor of the motion to approve item 8 F say I I all those who oppose say no motion passes 4 to one with commissioner turkin dissenting item 8G may have a motion to approve item 8G motion to approve we have a motion from commissioner hay a second from vice mayor Kelly all those in favor of the motion to approve item 8 G say I I I all those who oppose Say No Name all right motion passes 4 to one with uh again commissioner turkin dissenting we have now concluded all items pertaining to Town Square thank you so much for those of you uh that were here for that we're now going to move on and we're going to address them again in bulk item h i j and k we will hear a presentation on item h H I J and K I do want to alert my colleagues and members of the public that item 8 H is actually two separate ordinances that have been combined in one item so we will vote on those two ordinances separately all right we are now going to turn back into disclosures pertaining to items Hi H I J and K let's begin my left uh with vice mayor uh as to this matter I well I have had expart Communications with Bradley Miller I have received written Communications I have not conducted an investigation I have not made a site visit I have not received expert opinions I request that these disclosures and all written Communications be made part of the record as it pertains to 8 H and I and J and K and K okay thank you so much uh commissioner hey uh as of these items h i j and k as to this matter I have not had expart Communications I have not received written Communications I have not conducted an investigation I have not made a visit I have not receive expert opinion I request that these disclosures and all written communication be part of the record thank you items h 8 H through K as to this matter I have not had exp partake Communications I have not received WR Communications I have not conducted an investigation I have not made a site visit I have not received expert opinions outside of staff I requested these disclosures and all ritten Communications being made part of the record commissioner turkin as to this matter I've not had exp parte Communications I have not received any written Communications I've not conducted investigation I have not made a site visit I've not received expert opinion I request that these disclosures and all written Communications be made part of the record as to this matter I have had expert Communications with Bradley Miller I have not received written Communications I have not conducted an investigation I have not made a site visit and I have not received expert opinions outside of City staff I request that these disclosures and all do documentation be made part of the record all right thank you so much city clerk if you could read those items into the record proposed ordinance number 24-7 first reading is for the approval of Potter Town H home's future land use map Amendment from local retail commercial to high density residential proposed ordinance number 24-8 first reading approval of Potter town homes rezoning from Community commercial to infil plans unit development with master plan for a town home units 8i is the uh to approve development order for a community design appeal for Potter town homes for part 3 chapter 4 article 3 section 3H down spouts requiring external down spouts to be enclosed within the building structure 88 or J I'm sorry approval approv the development order for variance 20 202 24- 002 16905 for part three chapter 4 Article 2 Section 4 b3c Urban landscape buffer type two to Grant a variance of 7 ft from the required 12T buffer to to allow for a 5ft wide landscape buffer and the elimination of the requirement to provide a 6-ft high masonary wall for the Potter Town Homes project and K is to approve the development order for a new master plan and new site plan for Potter Town Homes to construct eight town home units amenities and Associated site improvements on a 0 or 587 Acre Site located at 2508 North Federal Highway all right thank you so much uh city clerk we're going to turn now to the applicant and again um we're going to hear all those items in one presentation and so we will also uh have public comments on all those items simultaneously are we looking for the mouse the clicker look at home with me sorry about that good evening one more time Bradley Miller Urban Design Studio here uh representing the Potter Town Homes we're going from 898 units to uh eight fees simple town homes on this this parcel on uh on North Federal Highway um th this is just North of of Gateway Boulevard uh on the east side Potter Road right now is actually and it has been for for a little while under construction it's a city project to improve that roadway uh providing some some drainage there I was here uh a couple meetings ago for Harbor K which is just south of here unfortunately their road is a private easement uh Potter road is a public road has the width and the capacity to to make those improvements uh if you did drive by the site which I didn't sound like anybody did uh it's been the staging area for the city's contractor to use so if you drive by it there's there's uh uh equipment there's uh a lot of lot of stuff on it um but that will uh be a nice nice Improvement uh for the community to have have it there um once we get going uh surrounding to the the property to the the South and and immediately to the east of us is a multifam uh uh development the in the harbor club which is a older condominium um and the the piece that's to the east there is is actually a a secondary Access Road they have access to Federal Highway then they have a secondary access out out to Potter Road farther directly east is single family there's some medical office based to the North and then across uh Federal Highway and the railroad is uh more multif Family Apartments on the on the West Side um this this is has several different components to it like like the last um we have a land use Amendment and rezoning that's part of of this uh uh tonight um as well as a site plan and a community design appeal as well as a variance so uh we we've checked a lot of boxes on the this small parcel but um smaller big um um you know as you get into the design you need to uh go that direction in some ways the land use and the zoning are following directly what the CRA recommendation plan has in it from 2017 which is taking the the uh the land use to a high density residential category of 15 units per acre and uh right now it's a local retail commercial use uh staff report actually pointed out something I hadn't realized that this was a former gas station site um so I think eight town homes here are going to be a little more suitable than a uh a gas station site likewise with zoning uh we're going from a commercial zoning District to an infill planned unit development which allows for some development flexibility and to provide um uh the the space in these smaller Parcels to to work in it we are in the SE C uh overlay and have Incorporated that which is primarily the front edge of Federal Highway of having The Pedestrian Zone requirements along Federal Highway having the buildings uh up along the front edge which I'll show you as part of the site plan uh again this is just showing the land use and Zoning maps of what it is now land use is low uh is local retail commercial and the zoning is C 3 and we're changing that to go to high density residential which allows for 15 units an acre and IUD zoning with the eight units we're at about 13.8 units per acre so actually I think a 9th unit uh was possible but from a design standpoint uh uh what we have uh makes a lot more sense uh this does have a master plan component to it because it's an ipu Zone uh the master plan's very simple of showing access and and where the four uh buildings are um which are the the the blue boxes if we get into the site plan which is uh more the the detail of of the project there's four buildings each building has two units there are three-story buildings with two car garages in in each of the buildings um we have uh we have the the guest parking that's there um it's it's a three bedroom with the potential of a fourth bedroom SL Den SL uh multi-purpose uh room in the uh spacewise um each space has a patio area that's associated with it the the two buildings that are on the Federal Highway side it actually uh faces Federal Highway and there is a sidewalk connection to those units out to Federal Highway which is part of The Pedestrian Zone the buildings on the east side their patio spaces on the east side uh of the building and have more of a secluded uh space so it actually out of eight units uh gives some options there's two different recreational areas uh that have the little darker uh green in it there's a a putting green place for barbecue grill that uh the residents can can use uh and uh then on the North side there's a a dog park uh for walking walking the dogs uh guest parking uh some of the spaces uh for guest spaces are are actually uh there's enough distance behind the garages like in the building B which is at the southwest corner that has room for guest spaces behind the garage space but for those that don't there's two guest spaces that are part of uh that are being put into uh the street on Potter Road which is uh something that's actually encouraged by uh by your staff and code uh to provide uh the P public art for a project like this we're still uh working on that uh but it's still in that same range of from providing some art to uh to contributing to the art fund uh the variance that we're asking for is for the buffer that's on the east side of the property and it's it's actually an interesting circumstance because uh in the harbor although it's a residential Community uh and a condominium community that component that's in the blue box on the right hand side that's east of our property has commercial zoning on it so by code uh if you have and and we're asking for residential zoning so our residential zoning adjac into the commercial zoning requires a 12T wide buffer and then the landscape material in it the variance that we're asking for that Co that the staff is supporting our request is that we continue to P provide the same amount of landscape in that area but we reduce it down from 12 feet to 5 feet wide it gives us the room to have a full driveway down the middle and to provide that space uh internally to to the project um if you look at the the uh this is the commercial zoning that's that's to the to the east of it and the the Border uh of where that that variance is uh what these slides are showing is what's out there today that the a hedge is actually part of the Inlet Harbor uh Club condominium property uh that light pole is probably 15 ft tall and and the arka Hedge is taller than that and and thick so that's there we can't touch it it's going to stay there uh we're going to be adding landscape to it so it's very very well buffered from a long-term standpoint if Inlet Harbor was was to be redeveloped the likelihood of that little piece of commercial property being developed for commercial uses is slim to none and it would also be converted into residential use and then everybody is is in in uh compliance but since it's a remaining commercial parcel uh we needed to request the variants to allow that buffer to be um to be reduced down if it were a residential use it would be the 5T that we're asking for with less landscape um that's that's everything I just said in in clearer terms so this this is showing that the green underline there is showing that the the uh the landscape material that's required is still being proposed in in the space that we have architecturally it's uh using the the modern uh very very uh great architecture uh steuart Brenner's office out of bokeh has been around for a long long time and uh he's uh designed these a great design um uh you can see it's got overhangs and and balconies and for smaller buildings that's that's tough to get into the design but they've done a really great job of of uh of making it work the one thing that that uh Stuart well before I I go there this is just showing the different levels uh where it's typical three-story townhouse type style where you have garage space and some some of that multi purpose bedroom space on the ground level you go up to the the the living space is in the middle and then the bedrooms are are on the third floor um getting to the community design uh peel this is architectural interior the community design appeal is is for uh if you can see it there's there's a it looks like a dark gray vertical uh stripe there that's a that's a downspout for the gutters and in in my opinion it's something that's a little old in the code they there's a lot of architecture that use the downspouts as an architectural feature um the the city City's code actually wants you to incorporate it into the wall of the building I mentioned Stuart brener he he had had quite a response to the I'm not going to put it inside the building I've had building that have done that and they leak and it it's a problem for everybody um this we've incorporated into into the colors uh it's it's on the ends of the building uh so I I think it's it's something that nobody's even going to notice going by so we're asking through this community design appeal to allow us to have that down spout on the outside of the building that's sums it up uh eight fee simple tow houses and and we are committed to those we're going to uh follow up after this uh The Next Step would be to go into a plat and plat the the the property into these uh the eight town homes there would be an association uh because there's going to be some common area with the the driveway the the eight Lots if you will are essentially the the the units themselves and then there's the common space outside of those units which is very typical for a townhouse development and then there's an association where everything is is collected and and done uh communally so um staff is in recommendation of of uh uh all components of this um we are uh in agreement with all the conditions of approval and uh I ask for your approval of all four thank you thank you Bradley uh staff if you have anything to add or to respond to good evening mayor and Commissioners um staff is in agreement with everything with all of the projects and the proposals the applicant did a good job working through the site planning process with us um we don't have anything to add but if you have any questions we are here to answer any questions all right thank you uh let's hold off on the questions let's hear from the public first again we are hearing in items 8 H I J and K and let me switch to the timer all right one second um it's probably just off oh sorry not smart enough to push button okay uh no big deal with the general concept but that's just up the road for me you st your name for the record oh I'm sorry Harry Woodworth wasn't on when I said that um again it's just up the road from from me and I've been watching IP UDS go in up there I live next to an IP UD the buffer is always the issue okay I listen to all of that I get what Bradley's saying but let's just be really clear you're calling this a buffer you're going to plant trees and plants in this much space please is that a buffer I mean come on you put tree right in the middle of that that's no buffer so let's not call it a buffer put a bloody fence up say no buffer whatever but to wave 12 feet which is about from me to the wall with trees in it to something like this with a tree in it probably a palm tree looks like a pole when you're done so there's no buffering we're talking about here so if anything changes in the future and we don't know the future you're depending on that arka hedge and if you want an example of what happens with buffers drive up by on Federal Highway look to the right as you go by the boat Park not the boat ramp Park but the other Park and watch the condos hanging over the park property because the other thing you're not talking about here is the dimensions not the dimension the eve spouts and all those little things that hang out don't count so you actually have Ledges in existing IP UDS that overhang the adjacent property go see it for yourself so I'm just saying think about what you're doing here there's no dimensions on those drawings 5 foot is not a buffer I don't I don't care if you need a buffer maybe you don't want a buffer put a wall up but don't kid ourselves that that's a buffer that's all I got to say thank you anyone else in the audience that would like to speak on these four items seeing no one else let me look online it says connecting to Signal server all right what do that mean I don't know I'm gonna take it that there is no uh no comments all right I got a thumbs up and a something about this I'm getting mixed messages guys all right listen public comments are now closed on this um all right uh if you want to respond uh applicant and staff to anything that has been said I assume you want to respond the um to the response to the buffer uh I'll answer it this way the the buffer require environment by code includes canopy trees and includes the edge it's what's being provided on the south property line because it's adjacent to residential uh residential zoning and use so this this again is just one of those circumstantial situations there's more space uh in addition to that to the back of the units uh uh but but the the technical buffer itself um and um I'll leave it at that all right thank you uh staff any response I'll just um reiterate with Bradly shared um along the South property line which is the inl Inlet Harbor Club condominium as well which is property is is a budding um they are required to provide a 5 foot wide landscape buffer already it just so happens that that portion of the community on the east side is zom Community commercial which is requiring the 12T wide landscape buffer and the current use of that property for Inland Harbor club that portion is for a driveway um a drive vial entrance or exit which I think they currently keep gated closed but technically it really should be a five but wide buffer it's just because of the the zoning the current zoning of the property all right thank you let's turn now to the days for any questions I don't recall where we started last let's just speak my left this time vice mayor Kelly if you have any questions for either no just for clarification on that point with regard to the buffer so the reason on that and I just want to make sure for my own edification that I am understanding it correctly so in any property that's residential in the city is it's a 5- foot buffer but because on the east side so there's a five foot buffer on the south side but on the east side because because it's a driveway and it's zoned commercial even though there's a home or some sort of building on that in that square that's Zone commercial because it's commercial we afford a bigger buffer for commercial properties and so that's why that that's exactly right so from from residential to co residential they would both be required 5et on each side we really call those like landscape strips um when you are abiding residential to commercial it would be 12T wide so the again the condo to the east has split zoning if it was zoned appropriately it would be fully residential requiring the 5 foot and 5 foot but because they have split zoning and we don't ever Envision that changing because they need that driveway to access their property um and and this property does need the space uh for their driveway um we do think it is appropriate to allow 5ft to 5ot in the situation because those are the uses even though it is not consistent with the zoning of their neighbor got it okay thank you I'm good thank you mayor thank you vice mayor commissioner Haye that was my concern also I guess the the town homes uh meet code as stated correct that's it all right commissioner turkin um no no I can understand the sentiment about the um the the buffer you know my concern is we have an opportunity for sale product to be here and um you know I I think this is a good project and you know I'll support it and staff is supporting all the uh the approvals so you know with that I'll I'll support this because I think this is a good opportunity where we can get a good product here and we don't know what else it could be later down the road so I'd rather it um be this product versus something else down the road that could be more dense um and maybe more extreme variances that come in for requests so I'm okay with this thanks thank you commissioner commissioner Cruz we had a conversation right um so just to address the variance what is immediately next to it is an apartment complex and that is the entrance to that actually what's what's immediately next to it is the driveway to uh the condominium um the bottom right photograph is showing the driveway uh so the site is uh to the very right side of that photograph and and Mr Pender is correct they they have it gated off and it's locked and I think it's probably there for secondary fire access um or that's how it's being used uh so that that space to the to the left of that AA hedge I is part of the Inlet Harbor uh Condo Association property it's just leftover Community commercial zoning District so which requires Land from the HOA right okay all right um there there's not much next to it at this time and it appears that it might not be um the only thing as we discussed I would like to request uh as a condition of approval that we maintain this as fee simple home ownership product um in exchange for changing the zoning from commercial to ipu I understood we did have that conversation I've confirmed it with my client that we can agree to that yes okay thank you fee simple y excellent anything else from anyone all right and for the record uh the applicant has consented to that condition of approval did I hear it correctly okay I would just like to clarify that the condition of of approval would actually be attached to item uh K which is the site plan um the other so H which covers the land use and the ray zoning are ordinances and we can attach conditions of approval to them so we can attach it to the site plan all right thank you for that Amanda and for clarification Amanda i j and k we'll bring that up we'll bring that back up next meeting yeah so these would these items would be tabled for today and we'll only be acting on H all right so I J and K now item H does have two items so let's bring that to a vote we've now heard from everybody item 8 H propose ordinance number 24-7 may have a motion to approve ordinance 24 -007 so moved we have a motion from vice mayor is there a second second second from commissioner Cruz I'm going to turn to our city clerk for the roll call vote commissioner hay I commissioner turkin commissioner Cruz yes vice mayor Kelly yes mayor penserga yes in a roll call vote the motion passed unanimously all right thank you we're now moving on to proposed ordinance number 24-8 may have a motion to approve that proposed ordinance so move we have a motion for from commissioner hay we have a second from vice mayor turkin okay I'm sorry Vice we're it's pasted like 99% you were like on it the whole night you know what happens after 9: I start to mess up vice mayor Kelly uh city clerk let's begin the roll call commissioner hey hi commissioner turkin yes commissioner Cruz yes vice mayor Kelly yes mayor penera yes in a roll call vote the motion pass unanimously thank you now we do have to uh table items i j and k may have a motion to table items 8 I so move we have a motion to table from commissioner Hayes there a second second from vice mayor Kelly all right all those in favor of the motion to table item 8 I say I I all those who oppose motion passes unanimously it has been tabled um we have a motion to table item 8j to move we have a motion commissioner hay is there a second would someone like to make we have a second from commissioner turkin all those in favor of the motion to table item 8j say I I I all those who oppose motion passes unanimously we have a motion to table item 8 K so move we have motion commissioner hey a second from vice mayor Kelly all those in favor of the motion to T table item 8K say I I I all those who oppose motion passes unanimously thank you so much that concludes all of the items and this is we're tabling it just to fix that to make that change correct not just that because it's going the first because we have to do the second readings of the of the first Yes she'll make a decision on i j and k um during the second reading of the or thank you but um to that point vice mayor I assume it'll come back with that amended addition of that new condition of approval that is correct okay thank you want to make sure miss something no no no no good question that concludes all of public hearing thank you so much to everybody who was here for that we're now moving on to city manager report uh purchas us over $100,000 for January 2024 I know that um we've now moved this to uh City manager's report is there anything that you would like to add or questions from my colleagues no we moved this from uh consent because uh it's more for transparency reason just an administrative item um if there's any questions uh you guys can get with me one-onone and we can actually go over it so there's no need to uh we were voting on this item before and there's no need to yes no it is Ren here as uh accept the ren report do we need a formal motion to accept the ren report motion to accept no we don't need we don't need a motion this it it's just trans it's just transparency purposes oh just information yes yes we should have corrected the agenda item we we just moved it in new place but we'll fix the language moving forward all right thank you so much item 11 a discussion on legislative break for the summer um city manager you had a proposal for this uh yes mayor uh staff's recommendation is going to be the last meeting in June and the first meeting in July this is going to coincide also with our budget workshops I know we're we're going to have two of those in uh summertime so instead of five meetings we'll narrow it down to three meetings which will be two budget workshops one CRA meeting and then we'll have a legislative break for the two ual commission meetings all right uh let's hear from my colleagues what their thoughts are I am um well gu if no one's going to begin I'll begin um although I understand the reasoning I can support this but it is not my personal preference my personal preference is the winter holidays during the Christmas time um however I understand that for the obvious reasons that have already been mentioned that's also beneficial to do it during that time as well so I could go either way uh just wasn't my immediate thought um does anybody have any thoughts on this my just go ahead yep go ahead Vice May um my my hesitation is only that I don't it's hard to make this decision so far in advance without knowing how agenda heavy we're going to get closer to budget and stuff that's important um that needs to be addressed or needs to be heard and I don't want to um so I I like the idea of it I know that we've we've you know rescheduled a meeting or canceled a meeting kind of for this purpose in other times for different reasons but um that's kind of my hesitation I don't know I don't know that what would help alleviate your hesitations uh would you just need to would you prefer we discuss this next meeting by then you'll gather more information what what would you need well I don't know that necessarily need anything I just have concerns that you we're going to end up having you know along with the budget workshops then the meetings that we do have are going to end up being very heavy agenda meetings as opposed to having you know meetings that things are spread out that you know I just I have concerns that we're going to rush things through or things are going to get delayed because we're not having meetings so I I think that's a fair point I asked the same question uh staff did have did have a response for that but I don't want to speak for them um but thank you for for voicing your concerns did staff want to respond or does anyone else want to share their thoughts on this yeah I'm I'm I'm I brought this forward you know after a conversation last year that you had brought up mayor yeah my um my intention is just hey there's a lot going on in the city there's a lot so we definitely don't want to overload the agenda but I know at the same time time staff works extremely hard and when you have so much movement and development in the city um takes a lot of work and you know we are a city of 900 people you know families I think um I think I think maybe asking the employees you know what's best winter or summer um you know my thought process is you know just summer vacation things like that so they can get away you know with their families but you know if you know for me it's just what's best for the what's best for staff um you know how can they sharpen their saw right and um you know take a little bit of a break so I'm I'm indifferent you know I'll go with major I just my intention was just to you know provide a break not just for us but also staff and allow them time off um you know to spend some vacation quality time with their families all right thank you commissioner I share those sentiments I think we all do commissioner hey you have any thoughts on this uh yes I can understand the points that are being made but again I'm old school and I feel that comments that's been made by vice mayor Kelly is a valent one um I I see us running into difficulty by stacking and not Sprint it out I also feel that this is the job and uh we've been able to manage all of these years without this and I don't see a need for it but I'm willing to go along with the majority but I really feel that this is what we signed up for and this is what it takes it's only twice a month that we do this for whatever length of time uh right now is three hours uh just about but we we determine how long it's going to be so to answer your question uh mayor I don't see the need for it uh I just assume it stay just like it is and uh we move forward however uh I can uh I can go along with the majority all right commissioner Cruz any thoughts yeah I mean I mean I'm I'm kind of open to you know whatever's best for staff I I do know that some people have already taking their vacation recently and some people might have vacation like in the pipeline within the next month or two um it's we can't really tell people like you can you should take your vacation during this time frame they should really be a they are able to take it whenever they want um I can say like I haven't taken um so for me regarding to the response to my schedule um I have already set up some time with my family in May for one week um but I will be here you know the entire rest of the month of May June and July so if if staff seem you know thinks that it's a good idea and it's beneficial for them I'm I'm not opposed to it but you know kind of open so um here's what I would say just hearing from everyone's comments uh we have concerns from uh several board members here and so as a we can call it a compromise how about we continue with the schedule as is but the city manager will keep us informed around that time what the agenda uh Draft starts to look like if it's light maybe we can take those weeks off we can revisit the topic and if it's heavy then we'll just keep going through right so we'll adjust as we go but we keep that in mind that we are aiming for those few weeks but you know it's hard to predict what the workload will be that far into the future I think we could also take the uh same approach to uh winter as well so yeah yeah all right so at least now it's in the back of everyone's mind just keep us posted and um we'll continue the conversation okay with that that concludes all the items of today's agenda are there any closing comments that my colleagues would like to make um vice mayor will end with you last um let's begin with commissioner Cruz any closing comments all right commissioner turkin commissioner Haye no vice mayor um just thank you thank you for um your support um commissioner turkin thank you for your year thank you for your year of being vice mayor and for you know handing the Baton off to me so I'm excited thank you have a good night we have a motion to adjourn we have a motion in a second have a good night everyone thank thank you to all the staff and all those listening online and thank you uh to our police officer thank you make sure you you need to see the eclipse