>> MAYOR: GOOD EVENING, WELCOME TO THE CITY COMMISSION MEETSING. THE TIME IS 6:00 P.M., WE WILL TURN TO THE CITY CLERK FOR ROLL CALL. >> MAYOR SHELTON? >> PRESENT? >> COMMISSIONER HAY?
>> PRIESENT. >> COMMISSIONER CRUZ? >> PRESENT. >> COMMISSIONER TURKIN? >> PRESENT. >> COMMISSIONER KELLEY? >> PRESENT. >> LET US PRAY, WE PAUSE AT THIS
MOMENT TO ACKNOWLEDGE YOUR PRESENCE AND GIVE THANKS. THANK YOU FOR THE CITY OF BOYNTON BEACH, IT'S RICH HISTORY, DIVERSE PEOPLE, AND THE
SHARED HOPE WE HAVE FOR ITS FUTURE. WE ASK FOR YOUR PRAYER THIS EVENING, GRANT US WISDOM BEYOND KNOWLEDGE, PRACTICE, PATIENCE, BEYOND PRESSURE.
AND COURAGE TO CHOOSE WHAT IS JUST, FAIR AND RIGHT. EVERY DECISION BY INTEGRITY, AND EVERY ACTION TO SERVE THE COMMON GOOD. PRESS THE RESIDENTS OF THIS GREAT CITY OF 82,000 PLUS, FOR
OUR CHILDREN, SENIORS AND FAMILIES, BUSINESSES AND NEIGHBORHOODS, WE PRAY FOR SAFETY IN OUR STREETS, STABILITY IN OUR HOMES. AND OPPORTUNITY FOR ALL WHO CALL THIS CITY HOME. HELP US TO REMEMBER THOSE WHO
ARE STRUGGLING. GIVE US COMPASSIONATE HEARTS, THAT WE SEEK SOLUTIONS AND NOT DIVISIONS. AND AS WE CONDUCT THE BUSINESS BEFORE US TONIGHT, REMIND US THAT LEADERSHIP IS STEWARDSHIP. MAY WE LISTEN CAREFULLY, SPEAK
THOROUGHLY AND WORK TOGETHER IN UNITY, EVEN WHEN PERSPECTIVES DIFFER. ALWAYS MINDFUL THAT OUR DECISION IMPACTS REAL LIVES. WE THANK YOU FOR THE PRIVILEGE TO SERVE, AND WE PLEDGE THERE MEETING IN YOUR HANDS.
MAY YOUR PEACE REST UPON THIS CAME BETTER, AND MAY YOUR PURPOSE GUIDE OUR PATH FORWARD IN HUMILITY AND GRATITUDE, WE DO PRAY, AMEN. >> I PLEDGE ALLEGIANCE TO THE
FLAG OF THE UNITED STATES OF AMERICA. AND TO THE PUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. >> THANK YOU. EVERYONE.
WE WILL BEGIN WITH ADDITIONS, DELETIONS. >> NOTHING. >> NOTHING. >> NOTHING. >> NOTHING. >> CAN WE ADD A DISCUSSION ITEM IN REFERENCE TO THE BUDGETARY
WORKSHOPS THAT WE DISCUSSED ON THE AGENDA REVIEW ON THURSDAY? >> AT THE END IF THAT'S FINE. >> MAYOR: SURE.
>> MOTION TO APPROVE AS AMENDED. >> SECOND. >> ALL IN FAVOR? >> AYE. >> MAYOR: WE WILL BEGIN WITH INFORMATIONAL ITEMS. >> NONE FOR ME. >> MAYOR: VICE MAYOR HAY?
>> YES, I HAVE A FEW ITEMS I'D LIKE TO ACKNOWLEDGE IF YOU WILL, GIVE ME A MOMENT TO BRING IT ALL UP. FIRST OF ALL, I'D LIKE US TO ACKNOWLEDGE THE PASSING OF
REVEREND JESSE JACKSON, WHO WAS A GIANT IN THE FAITHFUL WORK THAT HE'S DONE FOR THE WORLD. HE PASSED TODAY, I BELIEVE IT WAS AT THE AGE OF 84. AND HE WORKED VERY CLOSELY WITH
DR. MARTIN LUTHER KING JR. PARTICULARING IN MOVEMENT AND ORGANIZING COMMUNITIES AND HELPING ADVANCE THE STRUGGLE FOR CIVIL RIGHTS. HE WAS A GIANT IN HIS OWN WAY. AND I JUST WANTED US TO TAKE A
MOMENT TO ACKNOWLEDGE HIM AND ALL THE WORK THAT HE HAS DONE. ALSO, THE NEXT ONE THAT I WOULD LIKE TO ACKNOWLEDGE IS A LADY BY
THE NAME OF GLADYS WEST. MY iPAD DOESN'T SEEM TO WANT TO WORK WITH ME RIGHT NOW. GIVE ME A SECOND TO PULL THAT UP. GO ON TO THE NEXT ONE, AND I'LL COME BACK.
>> MAYOR: COMMISSIONER TURKIN, DO YOU HAVE ANY ANNOUNCEMENTS? >> NO, THANK YOU, MAYOR. >> MAYOR: COMMISSIONER KELLEY? >> NO, MAYOR. >> MAYOR: BACK ON TO YOU, VICE MAYOR HAY. TAKE A MOMENT. >> OKAY, YOU GUYS ARE FAST.
>> MAYOR: TECHNOLOGY IS NOT ALWAYS OUR FRIEND. >> IT'S NOT, IS IT. LET ME SEE HERE. I HOPE I DIDN'T DELETE IT.
CAN I COME BACK LATER? >> MAYOR: OF COURSE POP YOU WANT TO DO IT -- >> THAT'S CONTINUE. >> MAYOR: NEXT IS A PRESENTATION FOR THE BOCA RATON BOWL. CAN I HAVE OUR CITY STAFF COME
UP AND MAKE THE PRESENTATION? >> GOOD EVENING AND THANKS FOR HAVING US HERE. >> JUSTIN JOHNSON, MARKETING AND OUTREACH MANAGER FOR THE CITY OF BOYNTON BEACH. JOINING US TONIGHT IS DOUG
MOSELEY, THE EXECUTIVE DIRECTOR OF THE BOCA RATON BOWL. >> COORDINATOR, YEAH. >> BOCA RATON STAFF WILL MAKE A PRESENTATION. >> I'M NOT THE ONLY ONE.
>> BY THE WAY, IT'S NOW BUSH'S BOCA RATON BOWL OF BEANS. DO WE HAVE THAT VIDEO READY TO ROLL? WHEN WE CAME HERE AND EXPRESSED OUR APPRECIATION TO YOU LAST YEAR, I THOUGHT, I DON'T WANT TO
DO IT THE SAME WAY. WE HAVE A SPECIAL PIECE OF VIDEO TO SHOW YOU, THAT'S AVAILABLE. I THINK IT'S ON THE VICE MAYOR'S TABLET. >> FOR WELCOMING US DURING OUR
BOWL WEEK AND ASSISTING US AND OUR STAFF, YOUR SUPPORT AND HOSPITALITY MADE A BIG DIFFERENCE FOR OUR TEAM, THROUGHOUT THE BOCA RATON BOWL. OUR PLAYERS AND STAFF TRULY APPRECIATED THEIR TIME AT YOUR FACILITY, IT MEANT A LOT TO THEM BOTH ON AND OFF THE FIELD.
THANK YOU FOR YOUR PARTNERSHIP, AND BEING SUCH AN IMPORTANT PART OF OUR BIG BOWL GAME WIN. WE WANT TO SEND A SINCERE THANK YOU TO THE -- >> ALL OF YOU. >> AND OF COURSE, THAT WAS COACH
BRAUM. YOU ARE NOW 2-0. MY OTHER PRACTICE SITES ARE SAYING, WE DON'T KNOW IF SOMETHING IS GOING ON THERE AT BOYNTON. WE HAVE ONE OF OUR LOGO FOOTBALLS AND ONE OF OUR BUSH'S
BEANS BUCKET HATS THAT WAS GIVEN OUT TO EVERYBODY AT THE GAME, WHERE WE HAD THE BIGGEST BOWL OF
BEANS, PER SE.
>> THANK YOU. >> THANK YOU.
>> MATCHES MY TIE. >> IT DOES MATCH YOUR TIE. >> IF WE COULD GET THE COMMISSIONERS AND MADAM MAYOR TO COME DOWN FOR A QUICK
PHOTOGRAPH.
>> MAYOR: NEXT IS A PROCLAMATION FOR 211 AWARENESS MONTH. IT WILL BE READ BY ELIZABETH BOROUGHS.
WHEREAS 211 PALM BEACH AND TREASURE COAST HAS RESPONDED TO MORE THAN 3 MILLION CALLS TO THE 211 HELP LINE SINCE ITS INCEPTION IN 1971 AND RECEIVES 20,000 REQUESTS FOR HELP EACH YEAR.
AND WHEREAS THE TEAM CONTINUES TO RESPOND 24 HOURS A DAY, EVERY DAY OF THE YEAR, INCLUDING TIMES OF DISASTER AND GREAT UNCERTAINTY. 211 PROVIDES FREE, CONFIDENTIAL
ACCESS TO EMOTIONAL SUPPORT AND COMMUNITY NAVIGATION SERVICES YEAR ROUND. AND WHEREAS WE'RE AWARE OF
ACCESS TO HEALTH, FOOD AND DAILY NEEDS. WHEREAS 211 ALSO OFFERS SPECIALIZED ADVOCACY AND SUPPORT PROGRAMS TO GROUPS WHO FACE A HIGHER RISK OF CRISIS, INCLUDING SENIORS, VETERANS AND FIRST
RESPONDERS, AND CHILDREN WITH DEVELOPMENT DELAY AND OTHER SPECIAL NEEDS. 211 IS ALSO THE REGIONAL RESPONDER FOR THE 988 MENTAL HEALTH CRISIS HOTLINE.
NOW, THEREFORE, I MAYOR REBECCA SHELTON HERE BY PROCLAIM FEBRUARY 2026 AS 211 AWARENESS MONTH, IN THE CITY OF BOYNTON BEACH AND URGE ALL CITIZENS TO BE AWARE THAT 211 IS AVAILABLE BY PHONE 24 HOURS A DAY FOR
EVERYONE SEEKING HELP WITH EVERY DAY CHALLENGES. THE 211 TEAM HELPS PEOPLE CONNECT WITH LOCAL RESOURCES, SUBSTANCE ABUSE DISORDER, HEALTH CARE, EMPLOYMENT, FOOD, HOUSING, DAY CARE, LEGAL SERVICES AND SO MUCH MORE.
IN WITNESS WHEREOF I CAUSE 9 SEAL OF BOYNTON BEACH, FLORIDA TO BE AFFIXED. AND THIS WILL BE COMING TO YOU. >> THANK YOU. IF I CAN TAKE JUST A MOMENT TO SHARE A FEW WORDS. SO APPRECIATIVE OF THE ENTIRE
COMMISSION FOR PRESENTING US WITH THIS PROCLAMATION FOR ACKNOWLEDGE FEBRUARY AS 211 AWARENESS MONTH. WE FIND IT NECESSARY TO TAKE AN INR ENTIRE MONTH TO REMIND YOU 211 IS THE ONLY NUMBER YOU NEED
WHEN YOU'RE EXPERIENCING CRISIS, AS THE PROCLAMATION STATED, NOT ONLY DOES OUR TEAM ANSWER THE 211 LINE, BUT WE ALSO ANSWER THE 988 SUICIDE AND CRISIS HOTLINE HERE IN PALM BEACH COUNTY AND THE TREASURE COAST. WE SERVE A 5 COUNTY REGION,
INCLUDING THE PALM BEACH COUNTY. LAST YEAR ALONE, OUR TEAM ANSWERED ABOUT 48,000 REQUESTS FROM HELP FOR PALM BEACH COUNTY RESIDENTS, AND ABOUT 1200 OF THOSE WERE FOR SUICIDE RELATED CONCERNS, THE NEEDS IN OUR
COMMUNITY REMAIN GREAT. SOME OF THE TOP NEEDS WE HEAR INCLUDE HOUSING, MENTAL HEALTH AND SUBSTANCE ABUSE DISORDER, AND REQUEST FOR UTILITY ASSISTANCE. I'M SURE THAT NONE OF THOSE WOULD SURPRISE YOU, I'M SURE YOU HEAR SOME OF THOSE SAME CONCERNS
FROM RESIDENTS AVENUE DAY IN OUR RESPECTED POSITIONS. WE'RE HERE TO ASSIST YOU, YOUR TEAMS, YOUR RESIDENTS, AND WHENEVER YOU NEED HELP, CALL
211.
>> MAYOR: OKAY. WHERE'S THE NEXT ONE. THE NEXT PROCLAMATION IS FOR THE LORD'S PLACE MARCH TO END HOMELESSNESS AWARENESS DATES. PROCLAMATION WILL BE ACCEPTED BY JOHN GILMORE, DIRECTOR OF MEN'S
SERVICES AT THE LORD'S PLACE. I WILL READ THE PROCLAMATION, YOU CAN SPEAK, AND THEN I'LL COME DOWN. DOES THAT SOUND GOOD? HOMELESSNESS IS A SERIOUS SOCIAL AND ECONOMIC ISSUE, IMPACTING
ALL LEVELS OF OUR SOCIETY. ALL PEOPLE DESERVE RESPECT AND A PLACE TO CALL HOME. THE CITY OF BOYNTON BEACH AND THE LORD'S PLACE ARE PARTNERS FOR HOMELESS IN OUR COMMUNITY. THE CITY OF BOYNTON BEACH
EXTENDS ITS APPRECIATION TO THE LORD'S PLACE FOR THEIR LEADERSHIP ON THIS ISSUE, AND WIDE ARRAY OF SERVICES CHANGING THE LIVES OF HOMELESS ONE LIFE AT A TIME.
THEY WILL HOLD THEIR MARCH TO END HOMELESSNESS FRIDAY FEBRUARY 27th, AT 2:00 P.M. AT CENTENNIAL SQUARE. THE LORD'S PLACE AND THE CITY OF
BOYNTON BEACH APPLAUD CORPORATE PARTNERS FOR TAKING TIME TO CARE FOR THE MOST VULNERABLE INDIVIDUALS LIVING IN PALM BEACH COUNTY.
NOW, THEREFORE, I REBECCA SHELTON, MAYOR OF THE CITY OF BOYNTON BEACH, FLORIDA, DO HEREBY PROCLAIM FEBRUARY 27th, 2026 AS THE LORD'S PLACE MARCH
TO END HOMELESSNESS AWARENESS DAY. >> MAYOR SHELTON? I WOULD LIKE TO THANK MAYOR SHELTON. >> MAYOR: TURN YOUR MIC ON. >> I WOULD LIKE TO THANK YOU, MAYOR SHELTON, VICE MAYOR AND THE COMMISSIONERS, WE ARE GLAD
YOU BELIEVE IN THE CALLS THAT THE LORD'S PLACE IS PROVIDING WITH PALM BEACH COUNTY. I'M THE DIRECTOR OF MEN'S SERVICES, AND I OVERSEE OUR MEN'S SHELTER WHERE WE HOUSE OVER 50 MEN.
MOST ARE HOMELESS, SOME DEAL WITH MENTAL HEALTH, WE HAVE OTHER CLIENTS TRYING TO GET BACK ON THEIR FEET FROM SELF-AND ALCOHOL ABUSE. WE APPRECIATE THIS PROCLAMATION.
AND THANK YOU AGAIN.
>> MAYOR: ONE LAST THING. IF EVERYONE IN THE ROOM WOULD LIKE TO GIVE A ROUND OF APPLAUSE FOR BOTH OF THESE ORGANIZATIONS, WE THANK THEM SO MUCH FOR BEING INVOLVED IN OUR COMMUNITY. [ APPLAUSE ] >> MAYOR: WE'RE NOW MOVING ON TO PUBLIC AUDIENCE PORTION OF THE AGENDA.
ANY CITIZEN MAY BE HEARD, SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATION. AT THE CHAIR'S DISCRETION, THIS THREE MINUTE ALLOWANCE MAY NEED TO BE ADJUSTED DEPENDING ON THE LEVEL OF BUSINESS BEFORE THE CITY OF BOYNTON BEACH.
ANYONE WHO WOULD LIKE TO SPEAK. >> SUSAN OYER, I WAS QUITE UPSET TO FIND OUT 8B COULD LEAD TO THE DESTRUCTION OF MANGROVES AND WHAT LITTLE GREEN SPACE WE HAVE IN OUR CITY, WITH THIS LIEU IN
PAYMENT NONSENSE THEY WILL DO. I HOPE YOU WILL CONSIDER TABLING IT AND GETTING RID OF THIS. NO GOOD COMES FROM GIVING THE DEVELOPERS THE OPTION TO CUT DOWN OUR GREEN SPACE.
WE HAVE WHAT WE'RE SUPPOSED TO HAVE ACCORDING TO OUR MASTER PLAN. THE PLAN WE'VE HAD FOR DECADES IN OUR CITY. IF WE'RE THE THIRD BIGGEST CITY IN THE COUNTY, WE SHOULD HAVE THE THIRD LARGEST AMOUNT OF GREEN SPACE. THIS IS WRONG IN MANY WAYS.
I WILL SAY THAT -- I'M TRYING TO READ MY HANDWRITING. I DIDN'T HAVE ENOUGH TIME TO MEMORIZE THIS. WE HAVE -- THE NEWS FOR THE LAST TWO WEEKS, IF YOU'VE BEEN WATCHING, YOU ARE AWARE THAT WE ARE IN A MASSIVE DROUGHT IN OUR
STATE. WE HAVE SIX COUNTIES UNDER MANDATORY WATER RESTRICTIONS. IT'S GROWING, THEY'RE RUNNING OUT WATER RESTRICTIONS DOWN HERE INTO THE SOUTHERN PART OF THE STATE. WE ARE WAY FAR BEHIND IN OUR WATER, I EARN COURAGE YOU TO LOOK AT THE NEWS AND SEE HOW BAD
IT'S GETTING, THERE'S FIRES ALL OVER OUR STATE RIGHT NOW. TAKING AWAY TREES, WHICH IS WHAT BRINGS US OUR RAIN IS DEFINITELY THE WRONG CHOICE. AND WE DEFINITELY NEED MORE GREEN SPACE, NOT LESS, AND NOT JUST BECAUSE I'M AN ECOHUGGER
TREE LOVER. LET'S FACE IT, ALL THE RESEARCH SHOWS THAT YOU ARE HEALTHIER WHEN YOU ARE EXPOSED TO GREEN SPACE. I'M HAPPY TO POST IT ON SOCIAL MEDIA AND LET EVERYONE BE AWARE OF ALL YOUR BENEFITS TO YOUR HEALTH FROM BEING AROUND GREEN
SPACE. THIS IS OUR CITY'S FUTURE, THIS IS OUR CITY'S FUTURE ON THE LINE. WHAT LEGACY DO YOU WANT TO HAVE AND LEAVE GOING-FORWARD AS TO WHAT YOU DID FOR OUR GREEN SPACE. WHETHER YOU CHOSE TO VOTE NO ON
THIS, OR YOU CHOSE TO TABLE IT, I THINK YOU DEFINITELY NEED TO BE DOING MORE RESEARCH, AND I THINK YOU NEED TO BE LOOKING AT WHAT'S GOING ON IN OUR STATE RIGHT NOW. WE ARE IN DANGER. WE HAVE NO WATER, WE DESPERATELY NEED MORE GREEN SPACE.
8B, THIS IS THE WRONG CHOICE. AND I'M SURE YOU'RE GOING TO BE HEARING A LOT MORE SOON FROM THE REST OF THE RESIDENTS. WE JUST STARTED FINDING OUT ABOUT THIS 45 MINUTES AGO. I'D ENCOURAGE YOU TO DO THE RIGHT THING. ON THAT FINAL NOTE. WE HAD A FOREST CLEANUP OVER THE
WEEKEND, I SPOKE WITH ADAM, THANK YOU. I THINK WE FINALLY FIGURED OUT WHO'S SUPPOSED TO BE PICKING UP OUR TRASH. FEEL FREE TO SEND ME THE BILL,
PEOPLE HAVE BEEN DUMPING NO LESS THAN 10 TIRES. I'M HAPPY TO PAY THE BILL IF THAT'S WHAT'S NEEDED. >> MAYOR: NEXT, PLEASE. >> GOOD AFTERNOON, MIKE McCREA, I RECOGNIZE THAT WE HAVE FREEDOM OF SPEECH HERE IN THE CITY OF
BOYNTON. LAST WEEK WE -- LAST MEETING, WE WERE HERE TALKING ABOUT OUR SWALES. YOU KNOW, DISTRICT 2, KIND OF TIRED OF WAKING UP IN THE MORNING TIME AND FIND OUR
DISTRICT IS BEING PLAGUED WITH SIGNS SAYING INCOME TAX, 2 CHILDREN, 3 CHILDREN, 4 CHILDREN. WE RECOGNIZE WHY THEY'RE DOING IT. SOMETHING THIS MORNING WAS MORE ALARMING ON OUR STOP SIGNS. THEY HAVE STARTED PUTTING, WE BUY JUNK CARS ON CITY PROPERTY.
YOU AS THE ELECTED OFFICIALS, NEED TO DO SOMETHING. IF NOT, THEY'RE GOING TO START USING OUR SIGNS AS A BILLBOARD. IF WE DON'T START CRYING OUT NOW, AND I'M CRYING OUT NOW, WE NEED TO DO SOMETHING. ALSO, WE'RE CELEBRATING AMERICA 250 YEARS.
I'D LIKE TO KNOW WHEN IS BOYNTON GOING TO GET ON BOARD, WE CELEBRATE 250 YEARS RIGHT ALONG WITH AMERICA. THANK YOU. >> MAYOR: THANK YOU.
NEXT PLEASE. >> MY NAME IS CHARLES HUNT, MILITARY RETIREE AT 1330 NORTHWEST 1st COURT. UNDER CIVIL RIGHTS LAW, 4-2USC
AND 1987 HOMEOWNERS HAS THE RIGHT TO CONTROL AND MANAGE THEIR PROPERTIES UNDER THE 5th AND 14th AMENDMENT AGAINST
UNLAWFUL GOVERNMENT TAKING AND DENIAL OF DUE PROCESS. THE EQUAL RIGHTS TO PROPERTY. THE CIVIL RIGHTS ACT OF 1866
ENSURES ALL CITIZENS HAVE THE SAME PROPERTY RIGHTS AS WHITE CITIZENS.
THE RIGHT TO EXCLUDE. EVERY CITIZEN HAS THE RIGHT TO EXCLUDE ANYBODY FROM THEIR PROPERTY. PLEASE FORGIVE ME IF I AM WRONG. BUT I SEE A CASE OF RACKTISM
BUILDING UP HERE IN BOYNTON. IN THE UNITED STATES, RACKTISM IS A TYPE OF ORGANIZED CRIME IN WHICH THE PERPETRATOR,
ORGANIZER, AND OTHERWISE BUILDING A SCAM FOR OPERATION EXISTS. WHEREAS AN HOA HAS RULES, WHICH IS LEGAL, BECAUSE THEY AGREED
UPON BY EACH OTHER. HOWEVER, BOYNTON BEACH FALLS UNDER GOVERNMENT, SO THE GOVERNMENT HAS ALREADY MADE THE RULES. THEREFORE, BOYNTON BEACH MUST
FOLLOW THOSE RULES TO PREVENT PEOPLE FROM HAVING TO LOOK UP CITY RULES EVERY TIME THEY ENTER A NEW CITY. THANK YOU. >> MAYOR: THANK YOU, NEXT, PLEASE.
>> GOOD EVENING, MY NAME IS MARK AMUZI, I'M PRESIDENT AND OWNER OF THE PAVING LADY. IT WILL TAKE ME MORE THAN THREE MINUTES TO EXPLAIN TO YOU. SO I'LL JUST MOVE ON. I'M LOCATED AT 1,000 WEST INDUSTRIAL AVENUE HERE IN
BOYNTON BEACH, WE'VE BEEN OPERATING IN THE CITY SINCE 2004 AND I'VE OWNED THE COMPANY SINCE 2016, TODAY WE EMPLOY 100 PEOPLE, MANY OF WHOM LIVE AND WORK IN THIS COMMUNITY. I'M HERE REGARDING THE RECENT
ENFORCEMENT OF THE PROHIBITION OF PARKING ON THE SWALES. FOR MANY YEARS, WE'VE DOWN THEED ON THE SWALE FOR DAYTIME PARKING OF SOME OF OUR EMPLOYEE'S PERSONAL VEHICLES. THIS HAS BEEN BASED ON THE POSTED SIGNAGE NO PARKING FROM
7:00 A.M. TO 6:00 A.M. WHICH LED US TO BELIEVE PARKING DURING THE DAY WAS ALLOWED. THIS IS STRICTLY DAYTIME PARKING. OUR TEAM ARRIVES IN THE MORNING AND LEAVES IN THE AFTERNOON. WE DON'T STORE MATERIALS,
EQUIPMENT OR OVERNIGHT VEHICLES THERE. ON OR ABOUT FEBRUARY 2nd, NOTICES WERE PLACED ON THE VEHICLES STATING THE PARKING WOULD NO LONGER BE ALLOWED. I HAD THE OPPORTUNITY TO SPEAK WITH CODE ENFORCEMENT. THEY'VE BEEN PROFESSIONAL AND
HELPFUL. I ALSO UNDERSTAND THAT ALL OF YOU HAVE A TREMENDOUS RESPONSIBILITY IN MANAGING AND LEADING A GROWING AND BEAUTIFUL CITY. AND I RESPECT THAT, TREMENDOUSLY. AT THE SAME TIME, I CARRY THE RESPONSIBILITY TO APPROXIMATELY 100 EMPLOYEES AND THEIR FAMILIES
WHO RELY ON MY COMPANY EVERY DAY. I WANT TO BE CLEAR, I UNDERSTAND AND RESPECT THE INTENT OF THE ORDINANCE, I DO. I BELIEVE IT SERVES AN IMPORTANT PURPOSE OF MANY AREAS IN THE CITY. I BELIEVE THAT APPLYING THIS AS
A BLANKET ORDINANCE, WITHOUT CONSIDERING CERTAIN SITE CONDITIONS AND AREAS, CAN CREATE UNINTENDED CHALLENGES FOR BUSINESSES LIKE MINE. IF WE'RE NO LONGER ABLE TO USE THE SPACE, I WILL HAVE SIGNIFICANT OPERATIONAL IMPACT ON OUR COMPANY AND EMPLOYEES. I'M NOT HERE TO OPPOSE THE CITY
OR THE ORDINANCE, I'M REQUESTING THE OPPORTUNITY TO MEET WITH AN APPROPRIATE CITY STAFF OR REPRESENTATIVE, TO REVIEW OUR SITUATION, AND SEE IF THERE'S A REASONABLE SOLUTION OR ALTERNATIVE. WE WANT TO DO THE RIGHT THING, WE WANT TO FOLLOW THE RULES, WE
NEED A PATH THAT ALLOWS US TO CONTINUE EFFECTIVELY. WE'VE GROWN THIS COMPANY AND CITY TO BE ONE OF THE LEADING PAVING COMPANIES IN SOUTH FLORIDA. PROBABLY THE THIRD LARGEST AND WE EMPLOY A LOT OF RESIDENTS. WE'RE ASKING FOR THE OPPORTUNITY TO FIND A SOLUTION AND CONTINUE
TO CONTRIBUTE TO THE COMMUNITY. THANK YOU FOR YOUR CONSIDERATION AND TIME. >> MAYOR: THANK YOU, NEXT, PLEASE. >> MY NAME IS MARTY GARVEY, AND I RESIDE IN HIGH POINT CONDOS,
SECTION 3. AND WE NEED YOUR HELP. WE'RE TRYING TO PUT IN SOME PATIOS, 400 SQUARE FOOT PAVERS ON DIRT BEHIND OUR CONDOS. HERE'S WHAT WE'VE DONE SO FAR, WE WANTED TO EXPAND THE PATIO TO
17 FEET, WHICH IS WHAT THE ASSOCIATION ALLOWS, WE HAD A CONFERENCE CALL WITH THE CITY, AND THEY SAID, YEP, THAT'S FINE, AS LONG AS YOU'RE USING PAVERS AND NOT CONCRETE, YOU DON'T NEED A BUILDING PERMIT. OKAY, WE GO THROUGH THE PROCESS,
WE START CONSTRUCTION. ON JANUARY 16th, THE BUILDING INSPECTOR CAME BY AND SAID, STOP EVERYTHING, YOU DON'T HAVE A BUILDING PERMIT. WE SAID, WE WERE TOLD WE DON'T NEED ONE, AND WE READ THE BUILDING PERMITS REQUIRED FROM
THE CITY'S WEBSITE. I WON'T READ IT, YOU CAN READ IT YOURSELVES, WE'RE NOT DOING ANY OF THOSE THINGS, SO WE DON'T THINK WE NEED A BUILDING PERMIT. BUT THEY SAID, GET ONE, WE APPLIED. WE GOT TURNED DOWN.
ACCORDING TO THE MAIN PLAN THAT THE CITY HAS, OUR CONDOS FROM 1970 HAD 10 FOOT PATIOS. IN ORDER TO GO TO 17 FEET, WE NEED A BRAND NEW MINOR DEVELOPMENT PLAN.
SO WE SUBMITTED ONE. THE CITY SAID, YOU DON'T HAVE THE SURVEY POINTS FOR THE WALL ON I-95, THE BARRIER WALL FOR
WOOLBRIGHT ROAD IS NOT ON THE PLAN. YOU HAVE TO PAY A SURVEYOR TO DO A WHOLE NEW PLAN FOR YOU. WITH THE BARRIER WALL. I'M THINKING, THAT BARRIER WALL HAS BEEN THERE FOR 51 YEARS, WE DIDN'T BUILD IT, IT HAD NOTHING
TO DO WITH US, WHY DO WE HAVE TO SPEND MANY THOUSANDS OF DOLLARS TO HAVE OUR PROPERTY COMPLETELY RESURVEYED FOR A BARRIER WALL THAT FDOT PUT THERE 51 YEARS AGO. SO THAT'S WHERE WE ARE NOW.
WE NEED TO HIRE A SURVEY COMPANY TO SURVEY THE ENTIRE PROPERTY TO CORRECT THE BARRIER WALL FOR I-95, THAT WE HAD ABSOLUTELY NOTHING TO DO WITH. SO WHAT I'M LOOKING FOR, WHAT I'M ASKING FOR, I WOULD LIKE THE
ABILITY TO PUT MY 400 SQUARE FEET OF PAVERS ON THE DIRT AS SOON AS POSSIBLE. THE BUILDING DEPARTMENT HAS ALREADY SAID YOU PROBABLY DON'T NEED A BUILDING PERMIT, YOU'RE PROBABLY CORRECT. BUT WE NEED THIS WALL SURVEYED.
>> DO WE REALLY -- >> SIR, TYPICALLY I DON'T INTERRUPT PUBLIC COMMENT, BUT AMANDA RATIGAN IS GOING TO BE HAPPY TO HELP YOU GET THROUGH THAT. >> OKAY, THAT'S WHAT I'M ASKING FOR, THAT'S WHEY NEED. >> SHE'LL SEE YOU IN THE BACK OF THE ROOM.
>> THANK YOU. >> MAYOR: NEXT PLEASE. WE ALTERNATE, CAN YOU COME UP WITH REIDY. >> GOOD EVENING, MY NAME IS
BARBARA REIDY, I NOTICED ON THE AGENDA TONIGHT, FIRST READING OF AN ORDINANCE, I KNOW WE'RE NOT ALLOWED TO TALK ON FIRST READING OF AN ORDINANCE. I WOULD LIKE TO MENTION THAT SOME PLACE IN THE KPCOMPREHENSI
PLAN THAT I READ YEARS AGO IS A RATIO OF GREEN SPACE TO HEAD COUNT. ANY TIME I SEE A LOSS OF GREEN SPACE, I AM CONCERNED. BECAUSE WE'RE UP TO WHAT, 85,000 POSSIBLY, AS A POPULATION?
NOBODY SEEMS TO KNOW WHAT THE RATIO ACTUALLY IS. SO WHILE STAFF IS WORKING ON YOUR COMPREHENSIVE PLAN FOR YOU, MAYBE SOMEONE CAN DIG THAT UP FOR US. WE CAN SEE HOW CLOSE WE ARE TO
ADHERING TO IT, OR HOW FAR AWAY FROM THE RATIO WE ARE. BUT I WOULD PREFER THAT WE DO NOT BUILD THINGS ON OUR GREEN SPACE AT EVERY OPPORTUNITY. GREEN SPACE IS GOOD. PEOPLE NEED -- PEOPLE WANT TO
LIVE IN BOCA, BECAUSE THEY HAVE GREEN SPACE EVERYWHERE. AND FOR US TO BUILD THINGS ON ALL THE GREEN SPACE THAT EVERY SQUARE INCH THAT WE CAN, NO, LET'S NOT DO THAT. LET'S NOT DO THAT, LET'S BE THE CITY PEOPLE WANT TO LIVE IN. THANK YOU.
>> MAYOR: THANK YOU. NEXT, PLEASE. >> GREETINGS, FOLKS, MY NAME IS TOMMY ISABELLA. 205, NORTH HIGH POINT BOULEVARD, RESIDENT THE OF BOYNTON BEACH,
FORMER CITY COUNSEL PRESIDENT IN THE CITY OF SCHENECTADY. I'M HERE TO SUPPORT MR. GARVEY AND WHAT HE'S GONE THROUGH. I THINK YOU HAVE TO LOOK AT YOUR CODE DEPARTMENT, PLANNING, ECONOMIC DEVELOPMENT, ESPECIALLY WITH THE RENAISSANCE THAT IS
OCCURRING IN OUR BELOVED CITY. WITHOUT AN EFFECTIVE CODE ENFORCEMENT DEPARTMENT AND PLANNING AND ECONOMIC DEVELOPMENT, YOUR RENAISSANCE WOULDN'T BE OCCURRING. YOU HAVE $3 BILLION IN PROJECTS
THAT ARE GOING TO BE IN THE FOREFRONT IN THE VERY SHORT TIME, BUT I THINK YOU HAVE TO LOOK AT WHAT COMMISSIONER TURKIN RECOMMENDED, IN ESTABLISHING A TASK FORCE, AND REALLY TAKE A DEEP DIVE INTO YOUR CODE R CODE
DEPARTMENT AND WHAT THEY'RE DOING. WE'RE NOT ASKING FOR LENIENCY. THE EFFECT OF THIS -- OF A CITY, IS THE ABILITY FOR THE CODE DEPARTMENT TO INTERACT AND DO THINGS PROPERLY. FOR INSTANCE, ON 5th AVENUE,
WHEN WE GOT INVOLVED ACROSS FROM PENN'S PARK, WITH THOSE DILAPIDATED PROPERTIES. I THINK IF YOU LOOK TO STREAMLINE, TO LOOK AT THE FEE STRUCTURE AND THE SITUATION THAT MR. GARVEY IS FACING, HE MAY
INCUR COSTS OF 5,000 TO 10,000 DOLLARS TO HIRE A SURVEYING COMPANY, WHICH IS RIDICULOUS, BECAUSE HE'S 300 YARDS FROM I-95. THAT'S JUST AN EXAMPLE OF A FEW THINGS. BUT LISTEN, AUTHENTICITY IS
ABOUT UNDERSTANDING YOUR IMPERFECTIONS. WE ALL HAVE THEM, AND YOU BUILD OFF THE IMPERFECTIONS. I THINK YOU HAVE TO LOOK AT THE CODE DEPARTMENT AND SAY, SOMETHING'S NOT WORKING, THERE'S A PERCEPTION OUT THERE THAT CONTRACTORS DON'T WANT TO DO
BUSINESS IN BOYNTON BEACH. WHETHER IT'S A REALITY OR NOT, IT DOESN'T MATTER. I THINK YOU HAVE AN OPPORTUNITY TO LOOK AND CHANGE THINGS FOR THE BETTERMENT, PROTECTING WHAT YOU'RE DOING HERE, AND THIS RENAISSANCE IS GOING TO EXPLODE, AND WE WILL BECOME THE
DESTINATION THAT EVERYONE WANTS IT TO BE. I ENCOURAGE YOU TO SUPPORT COMMISSIONER TURKIN'S IDEA OF A TASK FORCE. AND I THINK IT'S GOING TO WORK. LASTLY, I JUST PUT IN A NEW AC UNIT IN MY CONDO.
AND I HAD TO GET A PERMIT. AND IT'S NOT AN ENHANCEMENT, IT'S A NECESSITY IN THIS CLIMATE, I THINK THAT WAS ABSOLUTELY -- I EXPLAINED TO MR. TURKIN, AND I'LL LEAVE YOU WITH, I'M PROUD TO BE A RESIDENT OF BOYNTON, KEEP DOING WHAT YOU'RE DOING. THANK YOU.
>> MAYOR: THANK YOU, SIR. NEXT, PLEASE. >> HELLO, I'M KATHY, RESIDENT OF BOYNTON BEACH, HAVEN'T BEEN HERE IN A WHILE. AND I'M STILL TRYING TO
UNDERSTAND HOW THINGS WORK AROUND THIS CITY. I HAVE A LOT TO SAY TONIGHT, SINCE I HAVEN'T BEEN HERE FOR A WHILE, I'LL TRY TO TALK FAST, AND FORGIVE ME IF I GET A LITTLE FRUSTRATED ABOUT SOME OF THIS STUFF, BUT A LOT OF MY
FRUSTRATION IS DUE TO NOT UNDERSTANDING THE WAY THAT THINGS WORK, IN THE CITY AND THE CRA AND ALL THE DIFFERENT STUFF. I FULLY UNDERSTAND AND RECOGNIZE THAT YOU GUYS GOT A LOT GOING ON HERE, THERE'S A LOT OF MOVING PARTS.
AND AS I SAID ONCE BEFORE, I DO BELIEVE HAEFT MAKES WASTE. AND I'M SEEING -- I FEEL -- I MEAN, THAT PARKING ORDINANCE THING, I JUST -- I HAVE A
PROBLEM WITH NOT ALLOWING PEOPLE TO PARK ON THEIR OWN GRASS, WHEN THEY'RE NOT IN A HOMEOWNER'S ASSOCIATION. I WAS A SINGLE FAMILY HOMEOWNER BEFORE, AND, YOU KNOW, I THINK THAT WAS JUST GOVERNMENT OVERREACH, AND IT WAS HASTE
MAKES WASTE. OKAY. THIS BUSINESS OF THE ADVISORY BOARDS, I SEE THERE'S A WAIVER REQUEST, AND I DO SEE THAT THERE
ARE -- THE GUY LIVES OUTSIDE OF THE CITY. AND THERE ARE TWO OTHER APPLICANTS THAT ARE -- DO LIVE WITHIN THE CITY. AND I BELIEVE WHEN THIS WAS STARTED, IT WAS BECAUSE YOU WERE HAVING A HARD TIME FILLING SOME
OF THE ADVISORY BOARD POSITIONS, AND IT WAS DESIGNED FOR MAYBE SOMEBODY THAT LIVES OUTSIDE OF THE CITY LIMITS, BUT HAS SPECIAL EXPERTISE, AND I WAS PERSONALLY WAS VERY DISAPPOINTED THAT THE
APPEAL -- AND I WONDERED, IS THERE AN OPPORTUNITY TO APPEAL, LIKE WHEN BARBARA WAS NOT APPROVED FOR THE HISTORIC RESOURCES, PRESERVATION BOARD, YOU KNOW, THERE'S STILL TWO VACANCIES THERE, AND SHE IS
CERTAINLY HIGHLY QUALIFIED TO BE ON THAT BOARD. I HAVEN'T TALKED TO HER ABOUT IT, I DON'T KNOW, MAYBE SHE'S NOT INTERESTED ANY MORE, BUT THAT'S JUST MY TWO CENTS.
I HAVE -- ALSO ON YOUR CONSENT AGENDA, ITEM 6C WITH REGARDS TO THIS WATER SERVICE LINE WITHIN THE UTILITY EASEMENT. I'M NOT TOTALLY UP TO SPEED ON
WHAT THAT DEVELOPMENT IS GOING TO BE, BECAUSE IT'S REALLY DIFFICULT ON THE WEBSITE TRYING TO FIND THAT. ANYWAY, I OPPOSE THAT, AND I
ALSO OPPOSE ITEM 8A AND 8B. STRONGLY OPPOSE 8A AND 8B. >> MAYOR: THANK YOU. THANK YOU VERY MUCH. NEXT PLIES ON THE RIGHT?
>> MY NAME IS KATHY GAINIS, I'M A RESIDENT OF ASTONCIA, BOYNTON BEACH. 8C AND D ARE REQUESTING A
VARIANCE. WE'RE ASKING FOR A FENCE TO PUT IN A FENCE WHERE THE FENCE HAS BEEN EVER SINCE THE CERTIFICATE OF OCCUPANCY WAS ISSUED. >> I'M SORRY, MA'AM, THOSE ITEMS WILL HAVE PUBLIC COMMENT ON THEM, AND TO PROVIDE PUBLIC COMMENT ON THE RECORD, YOU WILL
NEED TO BE SWORN IN. THEY'LL BE DOING THAT AT THE TIME THE ITEMS ARE CALLED. >> OKAY. >> THANK YOU.
>> GOOD EVENING, MY NAME IS RAY WHITELEY, I'M ALWAYS THRILLED -- I'M SERIOUS, I'M ALWAYS THRILLED ABOUT HAVING THE OPPORTUNITY TO SPEAK HERE. THIS IS AMERICA, AND I REALLY VALUE WHAT YOU GUYS DO, FIRST OF ALL.
I WANT TO THANK YOU FOR THE CITY STAFF TO BE ENGAGED IN THE MONTHLY COMMUNITY MEETINGS AT CAROLYN SIMM CENTER. WE APPRECIATE STAFF COMING OUT, PD COMING OUT, BEING A PART OF DISCUSSION AND COMMUNITY. WE FIND THAT VERY VALUABLE.
AND IT'S STARTING TO HAVE COMMISSIONER HAY COMING OUT AS WELL, AND THE MAYOR. WE TRY TO SEND OUT THE INVITES SO EVERYBODY COULD BE A PART OF THAT COMMUNITY.
NOT ONLY THE MEETING, BUT BUILD COMMUNITY. THERE ARE A FEW THINGS THAT KEEP POPPING UP, WHAT POPPED UP RECENTLY, IN ADDITION TO THE PARKING SITUATION. THE CALLS JUST KEEP COMING IN, NOT WITH PEOPLE WHO ARE BEING
FINED, BUT PEOPLE WHO ARE ANXIOUS AND NERVOUS ABOUT WHAT'S GOING TO HAPPEN. I THINK BEING INTENTIONAL ABOUT THE EDUCATION, OR CONTINUING TO EDUCATE, THE 30 DAYS MAY HAVE
DONE A LOT FOR PEOPLE WHO ARE ANXIOUS ABOUT WHAT'S GOING TO HAPPEN. THE SECOND THING THAT KEEPS COMING UP IS THE SENIOR SAINTS IN OUR COMMUNITY. THEY'RE AFRAID BECAUSE THERE'S NO PLACE FOR THEM TO BE BURIED. IT'S SOMETHING I DO WANT US TO
ADDRESS. I'M JUST DOING WHAT I HAVE TO DO TO BRING THE CONVERSATIONS BACK TO THIS SPACE. THIRDLY, AT HESTER CENTER, WHICH IS THE COMMUNITY PARK, THERE'S BEEN TALKS ABOUT NOT HAVING A
PLAYGROUND FOR THE SUMMER FOR THE KIDS TO PLAY IN. IF YOU COULD PLEASE JUST TAKE A LOOK AT IT, I HAVEN'T GONE BY THERE TO LITERALLY TAKE PICTURES, AND TO LOOK, I'M JUST RESPONDING TO THE CALLS AND THE TEXT MESSAGES. SO THERE'S HESTER ABOUT HAVING A
PLAY AREA FOR THE SUMMER THAT THE KIDS COULD GO AND ENJOY. IT'S THE LARGEST PARK IN DISTRICT 2 THAT PEOPLE ARE GOING TO ENJOY. THE FOOTBALL PROGRAMS THERE, OTHER THINGS THERE, AND WE HAVE AN ALL AMERICAN FOOTBALL FIELD. I THINK IT WILL BE WRONG NOT TO
HAVE A PLACE WHERE THE KIDS COULD ACTUALLY PLAY. THANK YOU FOR THE PARKING, AND LET'S LOOK AT THAT WHOLE CEMETERY THING, AND ONCE AGAIN, I APPRECIATE THE ACCESS, THE RETURN CALLS AND THE OPEN LINES OF COMMUNICATION THAT THE CITY
GIVES POOR LITTLE KID FROM BOYNTON. THANK YOU SO MUCH. >> MAYOR: THANK YOU. ANYONE ELSE IN THE AUDIENCE WANT TO DO PUBLIC COMMENT? AND DO WE HAVE ANYONE ONLINE? >> NO, MAYOR, WE DO NOT HAVE ANYONE ONLINE. >> MAYOR: PUBLIC COMMENT IS NOW CLOSED. VICE MAYOR, I KNOW YOU WANTED TO
PICK UP ON YOUR INFORMATION ITEMS? >> YES, I WOULD LIKE TO MAKE SOME REMARKS -- AS YOU KNOW, THIS IS BLACK HISTORY MONTH, I
WOULD LIKE TO SAY A FEW WORDS ABOUT GLADYS WEST. I WOULD LIKE TO SAY GOOD EVENING TO EVERYONE, MAYOR, MY FELLOW CITY COUNCILMEMBERS AND RESIDENTS OF THE CITY OF BOYNTON BEACH.
IN HONOR OF BLACK HISTORY MONTH, I WOULD LIKE TO RECOGNIZE AN EXTRAORDINARY AFRICAN-AMERICAN WOMAN WHOSE WORK QUIETLY CHANGED THE WORLD. HER NAME IS DR. GLADYS B. WEST.
SHE WAS ONE OF THE PIONEERS BEHIND THE TECHNOLOGY THAT MADE GPS POSSIBLE. DR. GLADYS WEST WAS BORN IN 1930
IN RURAL VIRGINIA. SHE GREW UP ON A FARM AT A TIME WHEN OPPORTUNITIES FOR BLACK WOMEN, ESPECIALLY IN SCIENCE AND MATHEMATICS, WERE EXTREMELY LIMITED. YET THROUGH HARD WORTH AND
FAITH, AND HER GOD GIVEN ABILITIES, SHE EARNED A SCHOLARSHIP TO VIRGINIA STATE UNIVERSITY WHERE SHE STUD DEAD MATHEMATICS, AND IN 1950 SHE BEGAN WORKING AT THE NAVAL
PROVING GROUND IN DOGREN, VIRGINIA, SHE WAS ONE OF ONLY A FEW AMERICAN -- AFRICAN-AMERICAN WOMEN IN THE FIELD AND SHE ENTERED A WORLD DOMINATED BY MEN
AND CUTTING EDGE TECHNOLOGY. THAT WAS DOMINATED BY MEN. SHE LATER BECAME A COMPUTER PROGRAMMER AND MATH MATISM AT A TIME WHEN COMPUTERS FILLED ENTIRE ROOMS, AND PROGRAMMING
WAS DONE ON PUNCH CARDS. HER MAJOR CONTRIBUTION WAS DEVELOPING COMPLEX MATHEMATICAL MODELS THAT CALCULATED THE SHAPE
OF THE EARTH WITH INCREDIBLE ACCURACY. DR. WEST AND HER TEAM WORKED ON SATELLITE DATA AND GEOCITY,
MEASURING EARTH'S SIDE AND SHAPE. HER CREATE HELPED CREATE SATELLITE POSITIONING SYSTEMS, THAT LATER INVOLVED -- INVOLVED INTO WHAT NOW WE ALL CALL THE GLOBAL POSITIONING SYSTEM, WHICH IS GPS.
TODAY GPS IS ON OUR PHONES, OUR CARS, AIRPLANE, SHIPS, EMERGENCY SERVICE, AND EVEN CITY PLANNING AND INFRASTRUCTURE. WHEN WE GET DIRECTION, TRACK A STORM, LOCATE MISSING PERSON OR
GUIDE FIRST RESPONDERS, WE ARE USING TECHNOLOGY BUILT ON THE FOUNDATION OF DR. GLADYS WEST'S WORKS. FOR MANY YEARS, HER CONTRIBUTIONS WERE NOT WIDELY KNOWN, BUT IN RECENT YEARS, SHE
HAD BEEN RECOGNIZED FOR HER GROUNDBREAKING RULES -- ROLE. INCLUDING BEING INCLUDED IN THE AIR FORCE SPACE AND MISSION PIONEERS HALL OF FAME. HER STORY REMINDS US THAT BEHIND
EVERY MODERN INNOVATION, ARE BRILLIANT MINDS, WHO ARE OFTEN LABORED IN SILENCE, ESPECIALLY WOMEN AND PEOPLE OF COLOR. DR. GLADYS WEST'S LIFE TEACHES
US THAT EXCELLENCE HAS NO COLOR, NO GENDER, NO LIMITS. HER JOURNEY FROM A SMALL FARM TO THE FOREFRONT OF GLOBAL TECHNOLOGY IS A POWERFUL
REMINDER TO OUR YOUNG PEOPLE IN BOYNTON BEACH THAT SCIENCE, ENGINEERING AND MATHEMATICS ARE FIELDS WHERE THEY CAN THRIVE AND LEAD. SO I SAY TO YOU, AS WE CELEBRATE BLACK HISTORY MONTH, LET US
HONOR PIONEERS LIKE GLADYS WEST, NOT JUST FOR WHAT THEY ACHIEVE, BUT FOR OPENING DOORS FOR FUTURE GENERATIONS. DR. GLADYS B. WEST PASSED AWAY
ON JANUARY 17th, 2026. ONLY ABOUT A MONTH AGO AT THE AGE OF 95. LEAVING BEHIND A LEGACY THAT LITERALLY GUIDES THE WORLD EVERY DAY THROUGH GPS TECHNOLOGY.
SO GLADYS WEST'S LIFE REMINDS US THAT BRILLIANCY CAN RISE HUMBLE BEGINNINGS, AND MAYHER LEGACY INSPIRE YOUNG PEOPLE IN BOYNTON BEACH, TO DREAM BOLDLY, STUDY DILIGENTLY AND USE THEIR GIFT TO
CHANGE THE WORLD. SO THE NEXT TIME THAT YOU USE YOUR GPS SYSTEM, I WANT YOU TO THINK OF AN AFRICAN-AMERICAN LADY BY THE NAME OF DR. GLADYS WEST.
THANK YOU. [ APPLAUSE ] >> NEXT ON THE AGENDA IS A REQUEST FOR A WAIVER OF
APPOINTMENT FOR DON DANZIERI TO SERVE ON AN ADVISORY BOARD. >> THOSE RELATE TO CITY BOARDS THAT HAVE BEEN CODIFIED, THIS
CRA BOARD WAS ENACTED THROUGH A RESOLUTION, A WAIVER WOULD NOT APPLY, BECAUSE IT HAS NOT BEEN CODIFIED. THAT BEING SAID, IF YOU WOULD LIKE IT TO BE CODIFIED LIKE THE OTHER ADVISORY BOARDS, WHICH WOULD BE MY RECOMMENDATION, THAT'S SOMETHING WE SHOULD DO.
BUT THE WAIVER IS NOT APPROPRIATE IN THIS SITUATION. >> MAYOR: MOVING ON TO THE ADVISORY BOARD APPOINTMENTS.
WE HAVE THREE APPLICANTS FOR THE CRA, AND ONE VACANT SPOT. THE NOMINATION GOES TO COMMISSIONER TURKIN, WOULD YOU LIKE TO MAKE A NOMINATION? >> FOR CLARIFICATION FOR LEGAL -- DO WE NEED TO COME BACK AND CODIFY?
WOULD YOU RECOMMEND THAT BEFORE MOVING FORWARD WITH ANY OF THESE POTENTIAL APPOINTMENTS? >> THE ONES THAT DON'T NEED WAIVERS, YOU CAN MAKE THOSE APPOINTMENTS. AND I BELIEVE THERE'S TWO OTHERS THERE THAT DON'T NEED WAIVERS. A WAIVER FOR THIS BOARD IS NOT
APPROPRIATE. IF YOU WANT DIRECTION FROM ME TO CODIFY THAT BOARD, SO IT'S CONSISTENT, I WOULD NEED DIRECTION. >> I WOULD LIKE TO SEE THE CONSISTENCY, AND THEN REGARDING MY APPOINTMENT, I WOULD LIKE TO MOVE TO APPOINT KIM KELLEY TO THE CRA BOARD.
>> SECOND. >> MAYOR: WE HAVE A MOTION AND SECOND TO APPOINT KIM KELLEY TO THE CRA BOARD. ALL IN FAVOR? >> AYE. >> MAYOR: OPPOSED? MOTION PASSES UNANIMOUSLY. WE HAVE ONE APPLICANT FOR THE APPLICATION AND YOUTH ADVISORY BOARD.
THIS NOMINATION GOES TO COMMISSIONER TURKIN. >> MOVE TO APPROVE -- FORGIVE ME IF I'M GETTING THIS WRONG,
SESHA RAMDHAN. >> SECOND. >> MAYOR: ALL IN FAVOR? >> AYE. >> MAYOR: MOTION PASSES UNANIMOUSLY. WE HAVE TWO APPLICATIONS FOR THE SENIOR ADVISORY BOARD, AND SIX REGULAR POSITIONS AVAILABLE. I WOULD LIKE TO MAKE A MOTION TO APPROVE MARK STEVENSON AS A
REGULAR MEMBER OF THE SENIOR ADVISORY BOARD. >> SECOND. >> MAYOR: ALL IN FAVOR? >> AYE. >> MAYOR: OPPOSED? MOTION PASSES UNANIMOUSLY. THE SECOND NOMINATION GOES TO COMMISSIONER CRUZ, WOULD YOU LIKE TO MAKE A MOTION? >> I HAVE A QUICK QUESTION, I
WAS GOING TO MOVE SOMEONE THAT'S ALREADY SERVING ON ANOTHER CITY BOARD? DID WE SAY YOU CAN'T SERVE ON TWO BOARDS? >> I'LL TABLE IT UNTIL WE CAN FIGURE OUT IF HE CAN SERVE ON
MORE THAN ONE BOARD. >> LET'S GET A MOTION. >> MOTION TO TABLE. >> SECOND. >> ALL IN FAVOR? >> AYE. >> WE ENCOURAGE ALL RESIDENTS TO
APPLY FOR VACANCIES ON ADVISORY BOARDS. WE WILL MOVE ON TO CONSENT. ANY PULLS? >> NO. >> NO, NONE. >> NO. >> COMMISSIONER TURKEN? >> MOTION TO APPROVE CONSENT AGENDA. >> SECOND. >> MAYOR: WE HAVE A MOTION AND A SECOND.
ALL IN FAVOR? >> AYE. >> MAYOR: OPPOSED? MOTION PASSES UNANIMOUSLY. WE WILL MOVE ON TO CONSENT BIDS AND PURCHASES.
WOULD ANYONE LIKE TO PULL ANY ITEMS? >> NO. >> NO. >> NO. >> NONE FOR ME, THANK YOU. >> MOTION TO APPROVE. >> SECOND. >> MAYOR: WE HAVE A MOTION TO APPROVE AND A SECOND. ALL IN FAVOR? >> AYE. >> MAYOR: OPPOSED?
MOTION PASSES UNANIMOUSLY. WE HAVE FOUR PUBLIC HEARING ITEMS. THE COMMISSION WILL MAKE THEIR DISCLOSURES WHEN WE REACH THOSE ITEMS.
I WILL TURN TO THE CLERK. >> PROPOSED ORDINANCE NO. 26004, FIRST READING AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 2, ARTICLE 1, SECTION 2 TYPES OF LAND DEVELOPMENT APPLICATIONS AND
CHAPTER 2, ARTICLE 2, SECTION 4B, COMMUNITY DESIGN APPEAL TO ADD AN ADMINISTRATION APPROVAL PROCESS, PROVIDING FOR CODIFICATION, CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE.
>> MAYOR: STAFF, WOULD YOU LIKE TO BEGIN YOUR PRESENTATION? >> GOOD EVENING MAYOR, VICE MAYOR AND COMMISSIONERS. KEVIN FISHER, PLANNING AND ZONING DIVISION DIRECTOR. ITEM 8A IS A PROCESS AMENDMENT TO THE LAND DEVELOPMENT
REGULATIONS FOR OUR COMMUNITY DESIGN APPEAL APPLICATIONS. CURRENTLY ALL COMMUNITY DESIGN APPEAL APPLICANTS ARE REQUIRED TO COME BEFORE THE CITY COMMISSION FOR APPROVAL, EVEN FOR PROJECTS THAT OTHERWISE WOULD BE ADMINISTRATIVELY
APPROVED AT THE STAFF LEVEL. THIS DOES NOT CHANGE THE REVIEW CRITERIA OR ANY OF THE OPPONENTS OF THE APPEAL APPLICATION, BUT IT WOULD TIE THE APPROVAL OF THE APPLICATION TO WHETHER OR NOT IT'S AN ADMINISTRATIVELY APPROVED PROJECT, OR A PROJECT COMING BEFORE THE CITY
COMMISSION, IN WHICH CASE YOU ALL WOULD BE VOTING ON THAT APPLICATION. THIS IS A PART OF -- AS WE'RE GOING THROUGH THE LAND DEVELOPMENT REGULATIONS, TRYING TO WORK ON STREAMLINING, APPROVAL PROCESSES AND REGULATIONS. SO AGAIN, THIS MAKES NO OTHER
CHANGES TO THE ACTUAL APPEAL APPLICATION, OTHER THAN THE MODIFICATION IN THE APPROVAL PROCESS. AND HERE, THIS IS JUST -- I'M NOT GOING TO READ IT OUT LOUD, THIS IS PULLING FROM THE LAND DEVELOPMENT REGULATIONS, THE
OVERVIEW OF THE COMMUNITY DESIGN APPEAL. WITH THAT STAFF RECOMMENDS APPROVAL OF THE ORDINANCE ON FIRST READING. >> MAYOR: THANK YOU. ANY COMMENTS OR QUESTIONS FROM THE COMMISSION? >> NO. MOTION TO APPROVE. >> WAIT. >> MAYOR: WE HAVE PUBLIC
COMMENT. >> WE HAVE PUBLIC COMMENT ON THIS, BECAUSE OF THE ADVISORY BOARD, IT'S PLANNING AND ZONING. >> MAYOR: ANYONE FOR PUBLIC COMMENT? OKAY, IF THERE'S NOTHING ELSE, DO WE HAVE A MOTION TO APPROVE --
>> I THINK WE HAVE SOMEONE. >> MAYOR: WE DO? IF ANYONE WANTS TO SPEAK, COME ON DOWN TO THE PODIUM NOW, SO WE DON'T MISS YOU. >> HERE AGAIN, MY UNDERSTANDING IS, THIS IS THE FIRST READING.
>> CAN YOU STATE YOUR FULL NAME AGAIN. >> MY NAME IS KATHY, AND I LIVE IN BOYNTON BEACH. >> YOUR LAST NAME? >> BURRIS.
YEAH, I WOULD SUGGEST THAT THIS BE DELAYED, HAVE A SECOND READING, GIVE PEOPLE THE OPPORTUNITY TO LOOK INTO WHAT THIS REALLY ENTAILS, WHAT IT MEANS. I HAVE SERIOUS CONCERNS ABOUT THIS. AND, YOU KNOW, YOU ARE OUR
ELECTED OFFICIALS, AND I THINK I UNDERSTAND ABOUT WANTING TO STREAMLINE THE PROCESS, I DON'T FEEL THAT THE -- I DON'T KNOW. THERE'S TOO -- I'D LIKE TO -- THE RESIDENTS TO BE MORE
INFORMED OF WHAT THIS ALL MEANS. THE CITY WEBSITE IS REALLY REALLY HARD TO NAVIGATE. IT IS JUST -- IT'S JUST AWFUL. THANK YOU. >> MAYOR: THANK YOU.
ANYONE ELSE FOR PUBLIC COMMENT? OKAY. NOW, IF THERE'S NOTHING ELSE. >> MOTION TO APPROVE. >> SECOND. >> WAIT, OKAY. AND THEN WE'LL DO ROLL CALL. >> MAYOR: WE HAVE A MOTION AND A SECOND. I'LL TURN TO THE CLERK. >> COMMISSIONER KELLEY?
>> YES. >> COMMISSIONER TURKIN? >> YES. >> COMMISSIONER CRUZ? >> NO. >> VICE MAYOR HAY? >> YES. >> MAYOR SHELTON? >> YES. >> IN ROLL CALL VOTE, THE MOTION PASSES 4-1, WITH COMMISSIONER CRUZ DISENDING.
CRUZ DISSENTING >> MAYOR: THANK YOU. I'LL TURN TO THE CLERK TO READ 8B. >> PROPOSED ORDINANCE NO. 26-005, FIRST READING, AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO.
08-007 BY AMENDING POLICY 4.5.3 OF THE COMPREHENSIVE PLAN'S CONSERVATION ELEMENT OF THE CITY OF BOYNTON BEACH, FLORIDA, TO IMPLEMENT A PAYMENT IN LIEU OPTION FOR CONSERVATION LANDS,
PROVIDING A BUSINESS IMPACT STATEMENT. >> KEVIN FISHER AGAIN, WITH THE PLANNING AND ZONING DIVISION. SO BEFORE I JUMP INTO THE DETAILS, I WANT TO SIT A LITTLE BIT OF CONTEXT. THIS IS DIFFERENT IN THAT
TYPICALLY, WHEN WE'RE BEFORE YOU, IT'S AMENDMENTS TO THE LAND DEVELOPMENT REGULATIONS. WE'RE NOT THERE YET, THAT'S WHERE THE MEET OF THE PROGRAM, WHAT THE ASSOCIATED FEES WITH THIS PROGRAM WOULD BE. TO EVEN ALLOW FOR THAT, IT WOULD
INVOLVE THE AMENDMENT OF ONE OF THE CITY'S COMPREHENSIVE PLAN AMENDMENTS. I'M ACTUALLY GOING TO GO A LITTLE OUT OF ORDER, SO YOU CAN SEE THE POLICY WE'RE TALKING ABOUT. POLICY 4.5.3 OF THE CONSERVATION ELEMENT REQUIRES THAT FOR A
RATED ENVIRONMENTALLY SENSITIVE LANDS OR THE HIGHEST QUALITY, THAT A MINIMUM OF 25% BE PRESERVED ON SITE. WHAT THIS IS SAYING IS THAT THERE MAY BE CASES WHERE IT'S A VERY SMALL ISOLATED PIECE WHERE,
YOU KNOW, IT MAY BE BENEFICIAL TO HAVE THE IN LIEU PAYMENT PROGRAM, WHERE WE THEN HAVE A FUNDING MECHANISM FOR THE ACQUISITION OF STRATEGIC LANDS OR THE MAINTENANCE OF EXISTING LANDS THAT WE HAVE THAT ARE ENVIRONMENTALLY SENSITIVE. THE OTHER THING I WANT TO NOTE,
AND I APOLOGIZE FOR JUMPING AROUND A LITTLE. THE CONSERVATION EASEMENT HAS A EQUIPMENT THAT 75% OF ALL OF THE A RATED EKE COY SYSTEM LANDS IN THE CITY OF BOYNTON BEACH REMAIN. WE HAVE A TRACKING SHEET OF THAT. THIS WOULD NEVER ALLOW FOR THAT
FIGURE TO DROP BELOW THAT, WE'RE NOT PROPOSING TO ELIMINATE THAT. AS PART OF THE LAND DEVELOPMENT REGULATIONS, SHOULD THE COMMISSION DECIDE TO MOVE FORWARD WITH THE COMPREHENSIVE PLAN TEXT AMENDMENT, WOULD BE VERY SPECIFIC IN WHAT TYPES OF
LANDS COULD BE ELIGIBLE FOR AN IN LIEU FEE PROGRAM PAYMENT. THERE ARE LOCAL EXAMPLES, PALM BEACH COUNTY HAS SIMILAR LANGUAGE IN THEIR COMPREHENSIVE PLAN. THEY HAVE THE SPECIFICATIONS OF HOW THAT WORKS. THAT IN HIGHER LEVEL IS WHAT WE
ARE DOING HERE TODAY. AS PART OF NEXT STEPS, A LOT OF THE DETAILS WOULD BE COMING FORWARD TO THIS COMMISSION WITH THE ASSOCIATED LAND DEVELOPMENT REGULATION AMENDMENTS AS WELL AS THE FEE. THE CITY DOESN'T HAVE A
DEDICATED FUNDING SOURCE TO MAINTAIN ENVIRONMENTAL LANDS, THIS COULD BE FOR THAT. FUNDS WOULD ALLOW FOR THE LISTING OF ENVIRONMENTALLY
SENSITIVE LANDED RS AND/OR ENVIRONMENTALLY ESTABLISHED LANDS. IF THIS WERE TO MOVE FORWARD, IT WOULD MOVE ON TO THE STATE. THERE WOULD BE A STATE REVIEW. THEN IT WOULD COME BACK FOR
SECOND READING OF THIS COMPREHENSIVE PLAN AMENDMENT, AND SUBSEQUENTLY THERE WOULD BE THE LAND DEVELOPMENT REGULATION AMENDMENTS, AND THE SETTING OF WHAT THE IN LIEU FEE PAYMENT AMOUNT WOULD BE.
>> MAYOR: THANK YOU, ANY COMMENTS OR QUESTIONS FROM THE COMMISSION? >> JUST FOR CLARIFICATION, TO ADDRESS SOME EARLIER COMMENT, I THINK. I THINK THIS INITIATIVE FROM MY UNDERSTANDING WILL ALLOW THE CITY TO CREATE A FUNDING
MECHANISM, TO ACQUIRE ENVIRONMENTALLY SENSITIVE PROPERTIES, WHICH I THINK IS SOMETHING THAT PROBABLY IS A LITTLE BIT OVERDUE. YOU KNOW, WE'VE HAD A LONG DETAILED DISCUSSION ABOUT OUR
LDR, COMPREHENSIVE PLAN, DENSITY, MANGROVES, I THINK THIS GIVES US THE ABILITY TO CREATE THAT POT OF MONEY THAT CAN'T BE TOUCHED AND UTILIZED FOR THAT PRESERVATION. FOR ME, I GOT -- I HAVE NO ISSUE MOVING FORWARD ENTERTAINING
THIS, IT SEEMS LIKE THERE'S A LOT OF STEPS THAT FOLLOW AFTERWARDS, I LOOK FORWARD TO GETTING A LITTLE MORE FEEDBACK FROM THE STATE, AND ALSO REALLY SHAPING WHAT THE SCOPE OF THIS
WILL BE >> MAYOR: ANY OTHER COMMENTS ZM. >> I'LL MAKE A QUICK COMMENT. THIS PROPOSED AMENDMENT WEAKENS THE CITY'S EXISTING ENVIRONMENTAL PROTECTIONS, BY ALLOWING DEVELOPERS TO PAY A FEE, INSTEAD OF PRESERVING
NATIVE HABITAT ON SITE. UNDER CURRENT LAW, AT LEAST 25% OF NATIVE PLANNED COMMUNITIES ON A-RATED ECOSYSTEM SITES MUST BE PRESERVED. THIS ENSURES THAT SENSITIVE HABITAT REMAINS PHYSICALLY PROTECTED WITHIN THE DEVELOPMENT SITE.
INTRODUCING A PAYMENT IN LIEU OPTION, AND AMENDMENT, REMOVES UN CERTAINTY AND ON SITE PRESERVATION WOULD NO LONGER BE GUARANTEED. 9 ENTIRE A RIGHTED ECOSYSTEM SITE COULD BE CLEARED IN EXCHANGE FOR PAYMENT. THIS IS SOMETHING THAT I WANT US
TO BE MINDFUL OF. I CAN UNDERSTAND THERE MAY BE POTENTIALLY GOOD INTENT BEHIND IT, I DON'T BELIEVE THAT CREATING AN IN LIEU AND REMOVING THE REQUIREMENT, IF THE REQUIREMENT DOESN'T EXIST,
NOBODY'S GOING TO FOLLOW IT. IF IT'S NOT REQUIRED BY LAW, NOBODY'S GOING TO DO IT. CURRENTLY THERE'S AT LEAST A 25% PROTECTION, ENVIRONMENTAL PROTECTION, AND THIS AMENDMENT, THE LAW WOULD BASICALLY TAKE THAT AWAY.
WITH THE OPPORTUNITY OF ADMINISTRATIVELY APPROVED PAYMENT IN LIEU. >> IF I COULD ALSO JUST ADD TO THE DISCUSSION. AMANDA RATTAGAN, DEVELOPMENT DIRECTOR. WITHIN THE COMPREHENSIVE PLAN RIGHT NOW, THIS IS ONE POLICY.
THERE ARE OTHER POLICIES THAT HAVE OVERALL MAXIMUMS. ALLOWING A PAY IN LIEU OF, WILL NOT CAUSE A NET DEFICIENCY IN THAT KBIRMT. >> IT MAY HOW YOU'RE SAYING SITE
BY SITE, ALLOW FOR PAYMENT IN LIEU OF MICRO PRESERVATION OF SITES. THERE'S LOTS OF SITES THAT SAYS THEY'RE UNSUSTAINABLE ONES. 75% HAS BEEN DEVELOPED. THIS ALLOWS FOR OPTIONS TO ALLOW FOR AN OVER ALL 75% OF OUR
ENVIRONMENTALLY SENSITIVE SITES TO BE MAINTAINED AND HAVE A FUNDING SOURCE FOR MAINTENANCE, WHILE NOT PRESERVING SOME OF THE MICRO SITES ON THE BASIS. >> THANK YOU FOR THAT. I WAS A BIT CONFUSED. >> THAT MEANS EVEN WITH -- LIKE
YOU SAID, IN SMALLER SITES, THE CURRENT 25% WOULD NO LONGER APPLY, AND THERE WOULD BE 0% REQUIREMENT. >> THE REQUIREMENT FOR CON SIR VAGUE WOULD STILL REMAIN, IT'S JUST ON A SITE BY SITE BASIS, THEY MAY OPT TO PAY IN LIEU OF -- BASED ON THE CURRENT
PROGRAM WHICH WE DON'T HAVE. HOWEVER, THAT OPTION IS ONLY AVAILABLE, IF THE CITY ITSELF IS STILL WITHIN ITS OVERALL PARAMETER OF 75%. >> WHICH RIGHT NOW WE ARE. >> WE ABSOLUTELY ARE, WE HAVE VERY LITTLE DEVELOPED CONSERVATION PROPERTY.
>> I HAVE THAT CONCERN. >> MAYOR: THANK YOU. IF THERE'S NOTHING ELSE, DO WE HAVE A MOTION? >> PUBLIC COMMENT. >> MAYOR: SORRY, PUBLIC COMMENT. >> MAYOR, COMMISSION, BEFORE WE GO TO PUBLIC COMMENT, THE ONLY THING I WOULD ADD TO THE CON SEA
SAYING, THE CITY DOES NOT HAVE DEDICATED AUTHORITY FOR MANGROVE MAINTENANCE, THAT WOULD NOT APPLY TO THIS. >> YOU KIND OF SORT OF ANSWERED MY QUESTION. I WAS WONDERING IF THAT MEANT
THAT WE COULD -- THE CITY WOULD BE ABLE TO TAKE A PAYMENT IN RETURN FOR SELLING MANGROVE PROPERTY? AND THAT'S A NO. I SEE THE COMMISSIONER SHAKING HIS HEAD. THAT'S GOOD NEWS. OKAY.
THANK YOU. > >> MAYOR: THANK YOU, NEXT PLEASE. >> MARK GEORGE POINT LEECH. I WANT TO THANK AMANDA FOR HER CLARIFICATION, SHE DID AN AEXCELLENT JOB. THE WAY THE COUNTY HAD THIS IMPLEMENTED FOR SEVERAL YEARS
NOW, IS THE RIGHT WAY TO GO. IF WE FOLLOW THAT GUIDELINE IT'S GOING TO BE A WIN WIN FOR EVERYBODY. AS FAR AS BEING A CASH COW, NO, IT WON'T BE THAT. IT WILL BE SOME MONEY, BUT IT
WON'T BE A WINDFALL. KEEP IT IN PERSPECTIVE. BUT IF THE COUNTY'S GUIDELINE ON THIS IS VERY CLEAR, AND IT'S BEEN A BENEFIT TO ALL. THANK YOU. >> THANK YOU. NEXT PLEASE.
>> STILL KATHY. AGAIN, I WOULD LIKE TO UNDERSTAND THIS A LITTLE BIT BETTER. AND I KIND OF FEEL LIKE SOMETIMES THIS PUBLIC COMMENT IS REALLY A WASTE OF MY BRIDGE. I FEEL LIKE SOMETIMES THE
DECISIONS ARE MADE BEFORE THIS MEETING EVEN STARTS. AND I REALLY DON'T UNDERSTAND THE PURPOSE OF PUBLIC COMMENT, WHEN -- I DON'T KNOW, LIKE THE LAST ONE, WHAT WAS THE RUSH TO PASS THAT TONIGHT?
IS THERE AN URGENT NEED FOR THAT ON FIRST READING. YOU GUYS DO AN AWFUL LOT OF ORDINANCES, YOU PASS OUT ORDINANCES AND CHANGE THEM AND -- LIKE I DON'T KNOW WHAT. AND I WOULD LIKE TO KNOW WHAT
THE PROCESS IS TO BRING AN ORDINANCE FORWARD. WHERE DOES THAT COME FROM? WHO STARTS THAT? HOW COULD I PROPOSE AN ORDINANCE THAT I FEEL WOULD BE BENEFICIAL? THANK YOU. >> MAYOR: THANK YOU.
ANYONE ELSE FOR PUBLIC COMMENT. OKAY. IF THERE'S NOTHING ELSE? DO WE HAVE A MOTION. >> SO MOVED. >> SECOND. >> MAYOR: WE HAVE A MOTION TO
APPROVE 26-005 ON FIRST READING. WE HAVE A SECOND. LET'S TURN TO THE CLERK. >> COMMISSIONER KELLEY? >> YES. >> COMMISSIONER TURKIN? >> YES. >> COMMISSIONER CRUZ? >> NO. >> VICE MAYOR HAY? >> YES. >> MAYOR SHELTON? >> YES. >> IN ROLL CALL VOTE, THE
ORDINANCE PASSES 4-1. >> MAYOR: THE NEXT TWO ITEMS ARE ON THE SAME PROPERTY, I WILL TURN TO THE CLERK TO SWEAR IN ANYONE WHO WISHES TO SPEAK ON
ITEMS 8C AND D. [ SWEARING-IN ] >> MAYOR: IF EACH COMMISSIONER CAN MAKE ANY DISCLOSURES AT THIS
TIME REGARDING 8C AND D. >> REGARDING THIS ITEM, I HAVE NOT HAD ANY EX PARTE COMMUNICATION. I HAVE NOT RECEIVED WRITTEN COMMUNICATION. I HAVE NOT CONDUCTED AN INVESTIGATION. I HAVE NOT MADE A SITE VISIT, AND I HAVE NOT RECEIVED EXPERT OPINIONS.
I REQUEST THAT THESE DISCLOSURES AND ALL WRITTEN COMMUNICATIONS BE MADE PART OF THE RECORD. >> AS OF THIS PARTICULAR ITEM, REGARDING THIS ITEM, I HAVE NOT HAD ANY EX PARTE COMMUNICATIONS. I HAVE NOT RECEIVED WRITTEN COMMUNICATION.
I HAVE NOT CONDUCTED AN INVESTIGATION. I HAVE NOT MADE A SITE VISIT, AND I HAVE NOT RECEIVED EXPERT OPINION. AND I REQUEST THAT THESE DISCLOSURES AND ALL WRITTEN COMMUNICATIONS BE MADE PART OF THE RECORD.
>> MAYOR: COMMISSIONER TURKIN? >> YEAH, REAL QUICK FOR MY COLLEAGUES. WE DID RECEIVE AN OBJECTION LETTER THAT EVERY SINGLE BOARD MEMBER WAS COPIED ON. I DON'T KNOW IF YOU WANT AN OPPORTUNITY TO GO BACK, THAT IS
A DISCLOSURE REQUIREMENT. THAT BEING SAID, REGARDING 8C, 8D, I SPOKE WITH MR. TOM CARNIE, THE LEGAL REPRESENTATIVE FOR ESTANCIA, I RECEIVED AN EMAIL FOR MICHAEL -- FORGIVE ME IF I
GET THIS WRONG, WIZEN SKI REGARDING A FORMAL OBJECTION RELATED TO 8C AND 8D. OUTSIDE OF THAT I HAVE NO FURTHER DISCLOSURES. >> MAYOR: COMMISSIONER KELLEY. >> REGARDING ITEMS 8C AND D. I HAVE NOT HAD ANY EX PARTE
COMMUNICATION, ALTHOUGH I DID RECEIVE A VOICEMAIL MESSAGE FROM TOM CARNIE, AND I DID RECEIVE WRITTEN COMMUNICATION FROM MICHAEL WISNIEWSKI. I HAVE NOT MADE A SITE VISIT, I HAVE NOT RECEIVED EXPERT
OPINIONS. I REQUEST ALL THESE DISCLOSURES AND WRITTEN COMMUNICATION BE MADE PART OF THE RECORD, THANK YOU. >> MAYOR: I HAVE HAD EX PARTE COMMUNICATION, I HAVE RECEIVED WRITTEN COMMUNICATION, I HAVE NOT CONDUCTED AN INVESTIGATION. I HAVE NOT MADE A SITE VISIT,
AND I HAVE NOT RECEIVED EXPERT OPINIONS. I DID SPEAK TO ATTORNEY TOM CARNIE, AND I RECEIVED EMAILS. I REQUEST THAT THESE DISCLOSURES AND WRITTEN COMMUNICATIONS BE PART OF THE WRITTEN RECORD. I WILL TURN TO THE CLERK TO READ
ITEMS 8C AND D. >> IF WE COULD -- JUST FOR CLARIFICATION, YES, EVERYONE RECEIVED AN OBJECTION, AND THAT HAS BEEN MADE A PART OF THE RECORD. >> MAYOR: OKAY, SO WE'RE GOOD.
>> 8C IS A VARIANCE FOR ESTANCIA AT BOYNTON BEACH HOMEOWNERS ASSOCIATION INC., LOCATED AT 3200 ESTANCIA LANE.
URBAN LANDSCAPE BUFFER TO ALLOW FOR ADJUSTING THE MINIMUM REQUIRED BUFFERING TO A 6 FOOT FENCE WITH A CONTINUOUS HEDGE LOCATED ON THE INSIDE OF THE FENCE. ITEM 8D IS A PLACHBLGER SITE
PLAN MODIFICATION FOR ESTANCIA AT BOYNTON BEACH HOMEOWNERS ASSOCIATION, INC., LOCATED AT 3200 ESTANCIA LANE.
THE APPLICANT IS ASKING FOR A MODIFICATION TO THEIR APPLICATION TO CONSTRUCT A 6 FOOT FENCE IN ESTANCIA AT BOYNTON BEACH HOMEOWNERS, INC. >> MAYOR: THIS IS THE FIRST TIME
WE ARE HEARING THIS, DOES STAFF HAVE A PRESENTATION? >> WE ASK THAT THE APPLICANT PRESENTS FIRST, AND THEN WE WILL GO. >> MAYOR: WOULD THE APPLICANT LIKE TO COME DOWN? THAT WOULD BE MR. CARNIE?
>> THANK YOU VERY MUCH. I RESPECTFULLY REQUEST -- >> MAYOR: THE CLICKER. >> I'M SORRY, WHAT? >> MAYOR: THE CLICKER. >> OH, THE CLICKER.
I GOT YOU, THANK YOU. NOT KNOWING YOUR PROCEDURES, IF STAFF ELECTS TO GO AFTER MY PRESENTATION, I AM AFFORDED THE OPPORTUNITY TO REBUT? >> YES. >> THAT'S USUALLY THE QUASI JUDICIAL RULES.
MY NAME IS TOM CARNIE, I AM THE REGISTERED AGENT AND ATTORNEY FOR ESTANCIA AT BOYNTON BEACH, SITTING HERE IS THE PRESIDENT OF THE ASSOCIATION, PETER CARNIE. AND BACK THERE, IF HE RAISES HIS HAND, HE WAS THE DEVELOPER OF
THIS PROJECT. HE'S NOT SO KEEN ON TESTIFYING, BECAUSE HE'S OLDER AND HE DOESN'T LIKE THESE SORTS OF THINGS. I DID PROVIDE A -- I DID SEND TO STAFF, AND IF I MAY HAND THIS TO
THE CLERK, HE WASN'T SURE HE WAS GOING TO BE ABLE TO MAKE IT, THE DEVELOPER, SO HE CREATED AN AFFIDAVIT SETTING FORTH HIS RECOLLECTION OF HOW WE GOT TO WHERE WE GOT TO. BACK IN 2006 THE DEVELOPER
DECIDES HE WANTS -- HE BUYS THE OLD SUNWA RESTAURANT. AT THAT TIME, THEY DECIDED THEY WERE GOING TO BUILD 30 TOWNHOMES AND THEY WENT THROUGH THE PROCESS OF DEVELOPING THE 30 TOWNHOMES. IN THAT. THEY WERE NOT BY THE WAY,
REPRESENTED BY COUNCIL, SO THAT'S TOO BAD. BUT WHATEVER. HOW DO I -- WHAT -- DOES THIS -- >> THERE YOU GO. >> IS THAT OVER HERE? >> EVERYWHERE.
THE PURPOSE OF THE MEETING, WELL, THE PURPOSE OF THE MEETING, I DON'T KNOW HOW TO DO POWER POINT, THANK YOU. SO IF IT'S A LITTLE DISJOINTED, IT'S BECAUSE GARBAGE IN, GARBAGE OUT, ANYWAY, THE PURPOSE OF THIS
MEETING IS TO REALLY TRY TO CORRECT A SITUATION THAT'S NOW 20 YEARS OLD, AND TO REALLY TAKE THE ONLY PEOPLE WHO HAD ABSOLUTELY NOTHING TO DO WITH IT, THE INNOCENT PARTIES SO TO SPEAK ARE THESE 30 HOMEOWNERS. BACK IN 2006 AND 2007 THEY'RE
BUILDING THE PROJECT, AND ALONG THE WAY -- AND THERE WAS NO DOUBT EARLY ON IN THE EARLY SITE PLAN, THERE WAS SUPPOSED TO BE A SIX FOOT WALL BUILT AS THE BOUNDARY WALL. THE BOUNDARY WAS GOING TO BE
WHERE THE LOCATION OF THE WALL NOW PROPOSED FENCE IS GOING TO BE. SO THEY GO THROUGH THIS WHOLE PROCESS, AND THEY DISCOVER THAT IN ORDER FOR THE -- IN ORDER TO CREATE A SEWER TO SERVICE 815
BAMBOO, THEY WERE GOING TO HAVE TO RUN THE SEWER ACROSS THE ASTAN CEA PROPERTY, AND HEAD EAST TO THE 815 PROPERTY. AT THAT POINT THEY SAID, WELL, YOU'RE NOT GOING TO BE ABLE TO DO A WALL, BECAUSE YOU CAN'T DO A SEWER PIPE OVER A WALL. THEY DID A RECORDED EASEMENT.
I WANT TO NOTE FOR THE RECORD, THAT THE STAFF REPORT MENTIONED SEVERAL TIMES I PROVIDED AN UNCERTIFIED COPY. I DELIVERED THE ORIGINAL COPY TO MICHAEL RUMP IN 2007. SOMEWHERE IN YOUR FILES YOU HAVE THE ORIGINAL.
I GOT A CERTIFIED COPY FROM THE CLERK AND FAXED IT TO YOUR STAFF, WHO WERE GREAT TO WORK WITH. I SAY THIS BECAUSE OFTEN TIMES YOU DON'T GIVE STAFF CREDIT. THEY DID A GREAT JOB, VERY PROFESSIONAL, AND YOU SHOULD BE VERY HAPPY TO KNOW THAT THEY REALLY DID WORK FOR YOU HARD ON
THIS FILE. THERE WERE A LOT OF DOCUMENTS MISSING. WE WENT BACK TO THE SURVEYOR, THEY DIDN'T HAVE IT. THEY WERE NOT DIGITAL BACK THEN. EVERYTHING WAS IN PAPER AND BOXES. THE CITY GOD LOVE THEM, THEY
DIDN'T HAVE ALL THE DOCUMENTS LATER. WE TRIED TO GET A COPY OF THE CERTIFIED SITE PLAN, NOBODY HAD IT. THE DEVELOPER CLEARLY DIDN'T HAVE IT, IT WAS 20 YEARS AGO, IT WAS LONG GONE. WE WERE WORKING WITH A LOT OF INCOMPLETE DOCUMENTS TRYING TO PUT TOGETHER A STORY.
SO LO AND BEHOLD, BY THE WAY, WHEN I FIRST FILED THE JUSTIFICATION LETTER AND ALL THAT, I DIDN'T HAVE ALL THE INFORMATION ABOUT THE EASEMENT. THAT CAME LATER, AS WE WERE TRYING TO INVESTIGATE, FINDING WHERE ALL THE DIFFERENT PEOPLE WERE, ALL THE BODIES INVOLVED IN THIS PROCESS, SO WE FINALLY --
WE -- YOU KNOW, WE GET TO THE EASEMENT, THEY'RE TOLD THEY DON'T REALLY HAVE TO BUILD THE WALL NOW, BECAUSE THERE'S GOING TO BE A -- THERE'S GOING TO BE A SEWER PIPE. THEN SOMEWHERE IN THAT TRANSACTION, WITHIN A WEEK OR SO
OF THAT TRANSACTION, IF YOU BUY 815 BAMBOO, YOU'LL OWN THE OTHER SIDE OF THAT BOUNDARY, YOU WON'T HAVE TO DO A WALL, YOU'LL OWN BOTH SIDES OF THE PROPERTY. A WEEK AFTER THE EASEMENT IS RECORDED, A WARRANTY DEED
ACQUIRING 815 BAMBOO TAKES PLACE. THEY'RE TOLD, AND AGAIN, THEY DON'T HAVE COUNCIL. THEY'RE TOLD THIS IS GOING TO BE HANDLED ADMINISTRATIVELY. I DON'T KNOW THE PROCESS TO DO THINGS ADMINISTRATIVELY IN BOYNTON.
I GUESS THEY FIGURED ONCE THEY BOUGHT THE OTHER PROPERTY THEY DIDN'T NEED A WALL, WITHOUT A SITE PLAN MODIFICATION. BECAUSE THE CONDITIONS OF THE SITE PLAN WERE NO LONGER THERE, BECAUSE THEY OWNED BOTH PARCELS OF LAND. WE GOT EYE SITUATION WHERE -- AND I REVIEWED THE STAFF REPORT,
AND THE STAFF REPORT ESSENTIALLY -- THEY'RE ON B THROUGH F, THEY'RE KIND OF SAYING, YOU MET THOSE TESTS, BUT IN A, WHICH IS REALLY -- SPECIAL CONDITIONS DO, WITHOUT READING IT ALL TO YOU, I ASKED THEM HOW
LONG I HAD, WE DON'T HAVE A TIME LIMIT. DON'T TELL ME I DON'T HAVE A TIME LIMIT. >> MAYOR: YOU DO. >> THE SPECIAL CONDITIONS AND CIRCUMSTANCES EXIST, WHICH ARE PECULIAR TO THE LAND STRUCTURE AND BUILDING. THEY LOOK AT THE SITE AS A KIND
OF DE NOVO. THEY SAY, THERE'S NO SPECIAL CIRCUMSTANCE HERE, THE SPECIAL CIRCUMSTANCE IS 20 YEARS, AND INCOMPLETE DOCUMENTATION. THE REASON I GAVE THE AFFIDAVIT AND I HAVE HIM HERE TO TESTIFY
IF REQUIRED, IS THAT THE ONLY COMPETENT EVIDENCE I HAVE IS THE GUY WHO WAS ACTUALLY THERE, WHO DID THE PROJECT, WHO SAID, THIS IS WHAT THEY TOLD ME, BECAUSE THERE'S TWO THINGS THAT HAD TO HAPPEN. BY THE WAY, SO THEY DO ALL THIS, MEANWHILE THEY ISSUE
CERTIFICATES OF OCCUPANCY, AND THE 30 HOUSES ARE SOLD. TYPICALLY, YOU DON'T ISSUE A CERTIFICATE OF OCCUPANCY UNTIL THE PROPERTY IS DOWN. SO EVERYONE THINKS THE PROJECT IS DONE. THE HOMEOWNERS THOUGHT THE PROJECT WAS DONE. THEY DIDN'T EXPECT, 20 YEARS
LATER, OH, BY 9 WAY, WE NEED $100,000 TO CONSTRUCT A WALL. AT SOME POINT IT WAS -- IT'S AN UNDUE HARDSHIP TO THE HOMEOWNERS WHO REALLY ARE THE INNOCENT ONES, I NOTED ONE THING WHERE
THEY SAID THAT THE ESTANCIA PEOPLE, THEY TOOK FROM THE PRIOR -- THEY SIT IN THE SAME SHOES AS THE ORIGINAL DEVELOPER, WHICH IS A DECENT ARGUMENT, BUT IN THAT CASE, 815 BAMBOO LANE, WHICH WAS ALSO OWNED BY THE SAME
DEVELOPER, HAS TO BE SUBJECT TO THE SAME KIND OF RESTRICTION OR BENEFIT, DEPENDING ON HOW YOU'RE LOOKING AT IT. I'M SORRY, WE SCANNED EVERYTHING.
THIS IS JUST THE MAP OF THE PLACES THAT WE -- THIS IS THE FENCE -- BY THE WAY, THE FENCE IN FRONT OF THE PROPERTY, IS THIS METAL FENCE, IT'S NOT A HARD FENCE, YOU SEE THE LITTLE RICKETY FENCE THAT'S THERE,
THAT'S WHAT'S KIND OF LEFT OF IT. I TOOK THIS PICTURE SO YOU WOULD NOTICE THAT WHATEVER'S CONSTRUCTED THERE, FENCE OR WALL, YOU'RE NOT GOING TO BE ABLE TO SEE IT. IT'S KIND OF LIKE -- IT'S NOT LIKE IT'S GOING TO BE PROMINENT. IT'S DOWN TO BETWEEN TWO
PROPERTIES. FROM BAMBOO LANE TO THE INTERCOASTAL. HERE'S THE PROPERTY LINE AS YOU CAN SEE IT NOW, AND THE RICKETY FENCE GOING DOWN THERE. THIS IS THE SAME THING, I'M JUST TRYING TO SHOW YOU, IF YOU SEE
LIKE THE FENCES -- THEY ALL HAVE THESE METAL FENCES, THEY'RE NOT THESE WALLS. BY THE WAY, THIS IS WHAT THE FENCE LOOKS LIKE NOW, IT WAS KIND OF TAKEN DOWN, AND THIS IS THE FENCE WE'RE TALKING ABOUT, TALKING ABOUT DOING ONE OF THESE
VERY NICE -- I HAVE A HAND OUT OF THAT IF YOU WANT TO SEE IT, WHEN WE DO THE OTHER PART, I'LL HAND YOU THE PICTURE. THIS IS WHAT YOU'RE TALKING ABOUT. YOU'VE SEEN THESE FENCES, THEY'RE HIGH QUALITY FENCES.
I WAS -- I AM LEFT WITH, HOW DID WE GET HERE? EITHER THE CITY DIDN'T MAKE SURE THAT THE PROJECT WAS COMPLETE BEFORE IT ISSUED THE CO'S. I'M NOT POINTING ANY FINGERS, I DON'T KNOW WHOSE FAULT IT WAS. OR WHAT THE APPLICANT IS SAYING,
WHAT THE BUILDER IS SAYING IS ACTUALLY TRUE, THEY TOLD US WE DIDN'T HAVE TO BUILD IT, BECAUSE ACCORDING TO HIS AFFIDAVIT, WE HAD THE MONEY, IT WAS IN THE CONSTRUCTION FUNDS, WE WERE TOLD WE DIDN'T NEED TO BUILD IT, BECAUSE WE OWNED BOTH SIDES OF THE PROPERTY, AND WE HAD THE
SEWER LINE. I'M OPTING THAT'S THE TRUE STORY, I'M NOT GOING TO SAY BOYNTON -- WHETHER THEY DIDN'T DO IT RIGHT OR NOT, IT DOESN'T PLATTER. IT'S BEEN 20 YEARS, WHAT DOES MATTER, AND VICE MAYOR HAY KIND OF HIT ON A POINT I WANT TO
MAKE, IN THE INVOCATION, WHERE ARE HE TALKED ABOUT JUSTICE AND FAIRNESS. THIS HAS BEEN 20 YEARS, AT SOME POINT YOU DON'T GO BACK TO THE PEOPLE WHOLY AND TRULY HAD FLOG TO DO WITH IT, AND SAY, WE'RE GOING TO IMPOSE THIS STANDARD THAT'S 20 YEARS OLD, FOR WHICH
YOU HAD NO INPUT, THEY DIDN'T HAVE A CHANCE TO SIT IN FRONT OF THIS COMMISSION AND SAY, THEY DIDN'T HAVE A WALL OR A FENCE. THEY DIDN'T HAVE ANY OPPORTUNITIES TO DO THIS BARRIER, AND SO REALLY, IN TERMS OF FAIRNESS, THE 20 YEARS, AND
THE COMPETENT EVIDENCE I'VE GIVEN, I DO THINK THE BENEFIT OF THE DOUBT REALLY NEEDS TO GO TO THE DEVELOPMENT AND SAY, YOU KNOW THEY SHOULD DO A FENCE INSTEAD OF A WALL, DO A NICE FENCE BY THE WAY, THE CONDITIONS OF APPROVAL WHICH WERE PROVIDED BY STAFF, WE'RE GOING TO WORK
CLOSELY WITH THEM, BECAUSE THE ASSOCIATION IS VERY KEEN ON HAVING A NICE FENCE, BECAUSE THEY HAVE TO BE LOOKING AT IT. SO THE ADJACENT PROPERTY OWNER WILL ALSO BE THE BENEFICIARY OF THAT FENCE.
IT'S GOING TO BE A VERY NICE PENNSYLVANIA. WHETHER -- I DON'T KNOW WHY THEY THOUGHT THEY DIDN'T HAVE TO AMEND THE SITE PLAN. NOBODY TOLD THEM. THEY DIDN'T HAVE COUNCIL, IN MY WORLD, I WOULD SAY, LET'S GO IN
AND GET A LETTER FROM THEM, OR SOMETHING. WE DIDN'T SEE ANYTHING IN THE FILE. WELL, THERE WAS A LOT OF STUFF NOT IN THE FILE, BUT AGAIN, INCLUDING THE ORIGINAL EASEMENT, WHICH I DELIVERED, BUT IN TERMS OF WHAT IS FAIR TO THIS -- TO
THE RESIDENTS HERE, 20 YEARS IS A LONG TIME. NOBODY WAS EXPECTING THIS FENCE TO BE CONSTRUCTED. YOU KNOW, THE PROPERTY WAS SUBSEQUENTLY SOLD, THAT THEY OWNED, AND THEN IT'S BEEN SOLD A COUPLE TIMES SINCE THEN, NOBODY CAME IN AND BOUGHT THAT HOUSE SAYING, WE'RE SUPPOSED TO HAVE A
WALL HERE, SO THEY MAY SAY, OH, YEAH -- IN HINDSIGHT, NOBODY KNEW, BECAUSE THE CITY DIDN'T HAVE THE CERTIFIED PLANNER. ALL WE HAD WAS SURVEYS THAT WERE PUT IN. SO I THINK -- WHEN YOU LOOK AT IT, IN TOTAL, IT REALLY IS FAIR
TO GIVE THE VARIANCE, SPECIAL CONDITIONS DO EXIST, AND THAT'S 20 YEARS AND ALL THE EVIDENCE WE SHOWED YOU ABOUT SAYING, IT'S MORE LIKELY THAN NOT THAT THEY WERE TOLD NOT TO DO THIS WALL BECAUSE THEY WERE READY, WILLING
AND ABLE TO DO IT, BUT DIDN'T DO IT, THERE HAD TO BE A REASON, AND I'M SUGGESTING IT'S THE REASONS I JUST GAVE YOU. THAT'S MY PRESENTATION, I LOOK FORWARD TO ANY QUESTIONS YOU MAY HAVE. I LOOK FORWARD TO HEARING FROM THE PUBLIC. AND REBUTTING. AND DOING WHATEVER I NEED TO DO. THANK YOU FOR LISTENING.
>> MAYOR: THANK YOU. STAFF, DO YOU WANT TO COME UP.
>> MAYOR, VICE MAYOR, COMMISSIONERS, GOOD EVENING. PLANNING AND ZONING DIVISION. THE APPLICANT HAS SUBMITTED TWO CONCURRENT APPLICATIONS, A VARIANCE WHICH IS A REQUEST TO CONSTRUCT A VINYL FENCE, IN LIEU
OF A SIX-FOOT CONCRETE WALL WHERE THE CONCRETE WALL IS REQUIRED. AND THE AMAPPICATION IS THE MAJOR -- APPLICATION IS THE MAJOR SITE PLAN MODIFICATION. THE FENCE IS LOCATED, THE PROPOSED FENCE IS LOCATED ON THE
SOUTHEAST CORNER OF THE PROPERTY, RIGHT NEXT TO THE ADJACENT SINGLE-FAMILY HOUSE LOCATED AT 815 BAMBOO LANE. IN 2006, THE HOMEOWNERS ASSOCIATION RECEIVED AN
APPROVAL, AND THE APPROVED PLANS SHOWING A CONCRETE WALL. STAFF WAS NOT ABLE TO FIND DOCUMENTATION SHOWING OTHERWISE. SINCE THEN, A NUMBER OF APPLICATIONS WERE SUBMITTED BY THE APPLICANT FOR VARIOUS REASONS, SOME OF WHICH INCLUDED
A REQUEST TO CONSTRUCT A FENCE IN LIEU OF A WALL, BUT THOSE WERE REJECTED. THE ADJACENT SINGLE-FAMILY HOUSE LOCATED AT 815 BAMBOO LANE STAFF FOUND THAT THAT PROPERTY OBTAINED IN 1994, A VARIANCE
REQUEST APPROVAL TO CONSTRUCT THE GARAGE ONE FOOT FROM THE PROPERTY LINE, WHERE THE REQUIRED SETBACK WAS 10 FEET. THIS IS THE PROPOSED FENCE THAT THE APPLICANT SUBMITTED, WITH
THE PLAN WITH THE PICTURE OF THE FENCE HOW IT WOULD LOOK LIKE. STAFF RECOMMENDS THIS APPROVAL OF THE VARIANCE REQUEST. SHOULD THE COMMISSION CHOOSE TO APPROVE THE VARIANCE REQUEST, STAFF RECOMMENDS APPROVAL WITH
THE CONDITIONS WITH APPROVAL OF THE CONDITIONS OF APPROVAL SHOWING A HEDGE ROW ON THE INSIDE OF THE, OF THE INSIDE SITE OF THE FENCE, INSIDE THE PROPERTY. AS FOR THE MAJOR SITE PLAN MODIFICATION, STAFF ALSO RECOMMENDS DENIAL SHOULD THE
CITY COMMISSION APPROVE STAFF RECOMMENDS APPROVAL CONTINGENT UPON THE APPROVAL OF THE VARIANCE. THANK YOU. >> MAYOR: OKAY. ARE THERE ANY QUESTIONS FROM MY COLLEAGUES ON THIS ISSUE? >> REAL QUICK, RIGHT NOW ON, IT'S HARD TO TELL I'VE LOOKED AT
ALL THE GOOGLE MAPS AND ALL THE LOCATION MAPS. ARE THERE TWO FENCES THERE NOW, BECAUSE THERE IS A WOODEN FENCE BUT BEHIND THAT WOODEN FENCE S THERE THE METAL FENCE? DO YOU HAVE, BECAUSE IT'S COVERED IN FOLIAGE SO I'M JUST
WONDERING HOW, BECAUSE YOU KNOW, YOU KNOW, IN LOOKING AT THIS, IF YOU ADD CONCRETE, IT'S JUST GOING TO REDUCE YOUR ABILITY TO ACCESS YOUR PROPERTY SO AS MUCH AS I UNDERSTAND THAT THERE WAS SUPPOSED TO BE A CONCRETE WALL, I THINK LOOKING AT A CUNE CRETE
WALL -- CONCRETE WALL IS WORSE THAN LOOKING AT FOLIAGE, BUT THAT'S JUST MY -- I WOULDN'T WANT TO LOOK AT THAT. BUT I'M CURIOUS, IS THERE, BECAUSE I'M GOOGLE MAPS THERE IS A WOOD FENCE, BUT THEN IT ALSO LOOKS LIKE THERE IS A METAL FENCE THAT RUNS ALONG THE BUSHES, RUNS ALONG BAMBOO LANE.
IS THAT HIDDEN WITHIN THE BUSHES? THAT'S WHAT'S THERE NOW? >> SO THE FENCE. >> CORRECT, THE FENCE IS TWO PIECES IF YOU WILL. THE CONDITIONS OF APPROVAL HAS, HAS A CONDITION THAT SAYS THE FENCE SHALL BE, THE WALL OR
FENCE SHALL BE CONSTRUCTED TWO FEET FROM PROPERTY LINE TO ALLOW FOR THE FENCE OR THE WALL TO BE CONTINUOUS. AND THE HEDGE ROW SHOULD BE ON THE INSIDE SIDE OF THE FENCE. >> SO I GUESS JUST MY CONFUSION IS LOOKING AT GOOGLE MAPS, AND
KNOWING PROPERTIES AND KNOWING THAT THAT IF YOU PUT A FENCE ON YOUR PROPERTY AND THEN SOMEBODY HAS A FENCE RIGHT ON THEIR PROPERTY THEN THEY'RE LOOKING AT THEIR FENCE AND NOT YOUR FENCE. I'M CURIOUS BECAUSE THERE IS A CONCRETE POST ON THE END, AND THERE'S A FENCE THAT'S KIND OF
ATTACHED TO THAT CONCRETE POST. WHOSE FENCE IS THAT AND WHERE WOULD SAID FENCE OR WALL GO BECAUSE MY UNDERSTANDING IS IT WOULD BE EVEN FURTHER BACK THAN EVEN WHERE THAT CONCRETE WALL POST IS.
SO IT'S HARD TO KIND OF NAVIGATE WHERE ALL THIS GOES, BUT. >> GOOD EVENING, AMANDA RATTIGAN, DEVELOPMENT DIRECTOR. THE REQUIREMENT IS ACTUALLY FOR A BUFFER. THE BUFFER REQUIRES A SIX-FOOT SOLID WALL SO THE WAY THE ROAD
READS IS YOU NEED TO HAVE THREE FEET OF HEDGE OR FOLIAGE ON THE OUTSIDE SO THEY ARE NOT LOOKING AT A SIX-FOOT WALL. THEY ARE LOOKING AT MAINTAINED LANDSCAPE, AND THEN A WALL, AND THEN ADDITIONAL LANDSCAPING ON THE INSIDE. SO IT IS A, THERE IS A BUFFER
THAT CONTAINS LANDSCAPING ON BOTH SIDES WITH A WALL IN THE MIDDLE SO I CAN'T SPEAK TO WHAT'S THERE CURRENTLY. I DO KNOW THAT THEY DID HAVE A FENCE. I'M SHOT SURE WHAT CONCRETE POST BUT ALL THAT WOULD NEED TO BE REMOVED AND PLACED PER CODE IF THIS WASN'T APPROVED. THAT'S WHAT CODE REQUIRES NOW. THAT IS WHAT CODE REQUIRED AT
THE TIME OF THE APPROVAL. . >> OKAY. I GUESS MY CONFUSION, BECAUSE I WAS READING THE OBJECTION AND IT SAID THAT THE FENCE, THEY DON'T LIKE THE LOOK OF THE FENCE THAT THEY'RE LOOKING AT, BUT THERE IS A WOODEN FENCE ALSO, SO IF THE
WOODEN FENCE BELONGS TO THE 115 BAMBOO THEY'RE NOT GOING TO BE LOOKING AT THE VINYL FENCE THAT'S ON THE ESTANCIA PROPERTY SO I'M TRYING TO UNDERSTAND WHAT -- >> SO I CAN SPEAK TO THE OBJECTION LETTER. I DO BELIEVE THAT THEY MAY BE IN THE AUDIENCE AND THEY'LL HAVE A CHANCE TO SPEAK AT PUBLIC
COMMENT. BUT IT WOULDN'T, SO INCLUDING THE REQUIREMENTS ON THE ESTANCIA SITE WOULD NOT PROHIBIT THEM FROM DOING A FENCE OF THEIR OWN. OBVIOUSLY THE INTENT IS THEY NO LONGER NEED A FENCE BECAUSE IT'S BUFFEREDDED A QUELAT ON THE MORE INTENSE -- ADEQUACILY ON THE
MORE INTENSE SITE BUT IF THEY ASKED FOR A FENCE ON THEIR SITE, THEY WOULD BE PERMITTED TO DO THAT TOO. >> RIGHT. OKAY. OKAY. >> ONE OF THE OTHER THINGS I'D LIKE IT QUICKLY CLARIFY WHEN WE RECOMMEND APPROVAL OR DENIAL OF AIR VAIANCE APPLICATION LIKE
THIS, THE CODE HAS CRITERIA. WE DON'T OFTEN RECOMMEND DENIAL BUT WE REVIEW CRITERIA AND IN THE STAFF REPORT YOU WILL SEE RESPONSE FOR EACH OF THE REVIEW CRITERIA. IF WE CAN'T SUPPORT OR IF THE JUSTIFICATIONS DON'T SUPPORT ADEQUATELY EACH OF THE REVIEW CRITERIA, THAT EQUALS A RECOMMENDATION OF DENIAL. AND OTHER THAN THAT I THINK
THERE ARE SEVEN OR SO CRITERIA, TWO OWHICH WE DID NOT FEEL WERE WELL SUPPORTED. >> I MAY JUST REMIND THE COMMISSION TONIGHT YOU'RE SITTING HERE IN A QUASI-JUDICIAL THING, SO THE WAY WE'RE LOOKING
AT THAT IS STRICTLY APPLYING THE CODE TO THIS PARTICULAR PARCEL, DO THEY MEET THE CODE REQUIREMENTS, AND I UNDERSTAND, YOU KNOW, WHETHER IT'S PRETTIER TO LOOK AT A FENCE VERSUS A WALL, THOSE SORTS OF THINGS, BUT
BASED UPON THE CRITERIA THAT IS IN THE CODE, THAT'S WHAT THIS COMMISSION NEEDS TO CONSIDER SO WITH THAT BEING SAID IN LOOKING AT THE EVIDENCE, AN AFFIDAVIT
WAS SUBMITTED JUST SO YOU'RE AWARE, YOU GUYS ARE FREE TO GIVE THE APPROPRIATE WEIGHT TO THAT AFFIDAVIT BASED UPON A 20-YEAR-OLD MEMORY WHEN YOU DON'T HAVE THE PERSON HERE TO CROSS-EXAMINE OR QUESTION. YOU CAN GIVE IT THE APPROPRIATE WEIGHT THAT THAT INTAINS, WHATEVER YOU THINK -- ENTAILS,
WHATEVER YOU THINK'S APPROPRIATE. BUT WHAT WE ARE TO BE LOOKING AT IS THE CONCRETE EVIDENCE THAT'S NOT ARGUMENT OF COUNSEL. IT'S WHAT THE RECORD ACTUALLY SHOWS AND HAS THE APPLICANT MET
THE REQUIREMENTS OF OUR CODE. >> HE IS HERE BUT HE WOULD RATHER NOT DO IT. BUT HE IS HERE.
>> I'M JUST AD ADVISING THE BOARD TO THE LEGAL REQUIREMENT. WE STILL HAVE PEOPLE HERE FOR THE PUBLIC THAT WILL ALSO PROVIDE TESTIMONY. >> MAYOR: OKAY. IS THERE ANY OTHER COMMENT FROM THE COMMISSION BEFORE WE GO TO PUBLIC COMMENT? BECAUSE I JUST WOULD LIKE TO SAY I DON'T THINK THIS IS FAIR TO THE RESIDENTS FROM 20 YEARS AGO AND TO BE PUT THROUGH THIS NOW
WHEN THEY PURCHASED A HOME, NOT HAVING THIS CRITERIA, SO I THINK IT'S, AND A WALL VERSUS A FENCE, THAT COST IS INSANE. AND TO GO ONTO THE HOMEOWNERSHIP AND IS IT CORRECT THAT THIS IS ONE HOMEOWNER THAT'S WANTING
THIS AND THERE'S 29 OTHERS? >> CAN I CLARIFY, WHEN ESTANCIA WAS APPROVED THESE REQUIREMENTS WERE IN PLACE AND THEY ARE REFLECTED IN THE APPROVED SITE PLANS AND SEVERAL SUBSQFNT -- SUBSEQUENT APPLICATIONS TO THE CITY, THE WALL AND THE
APPROPRIATE BUFFER WERE ON RECORD I'LL SAY. THE OTHER THING I WILL SAY IS THE BUFFER IS NOT NECESSARILY ON OWNERSHIP OR ON THE OTHER SIDE. IT'S BASED ON ZONING AND INTENSITY OF ZONING. SO IF ESTANCIA HAD TO BE OR
ANYPLACE HAD TO BE REZONED TO A MORE INTENSEB ZONING DISTRICT, THE BURDEN IS TYPICALLY ON THAT SITE TO BUFFER THE OTHER EXISTING ZONING DISTRICTS THROUGH THE DEVELOPMENT PROCESS SO IN THIS CASE WE HAD SINGLE-FAMILY HOMES TO MULTIFAMILY, THEN MULTIFAMILY WAS REDEVELOPING, THEY WERE THE ONES THAT WERE REQUIRED TO PUT
IN THE BUFFER. BY CODE AT THE TIME OF SITE PLAN. >> OKAY, ANY OTHER COMMENTS FROM THE COMMISSION? BEFORE WE MOVE TO PUBLIC COMMENT? >> WE CAN MOVE TO PUBLIC COMMENT. >> MAYOR: OKAY. LET'S MOVE TO PUBLIC COMMENT, PLEASE. SIR?
WOULD YOU LIKE TO SPEAK. >> WELL I WAS THERE 20 YEARS AGO, AND I AM HERE TODAY. >> CAN YOU PLEASE STATE YOUR NAME, SIR? >> SO I'M E. ANTHONY WILSON, WE DEVELOPED THIS PROPERTY OVER 20
YEARS AGO. IT WAS AN OLD CHINESE RESTAURANT AMONG OTHER THINGS, AND A BUNCH OF HOUSES THAT WERE A WRECK. I BELIEVE WE PUT IN A VERY NICE DEVELOPMENT.
I BELIEVE WHEN WE WERE TALKING ABOUT BUILDING THE CONCRETE WALL THAT WE COULDN'T BUILD IT BECAUSE WE HAD RUN A SEWER LINE OVER TO 815 THE PROPERTY NEXT
DOOR. SO WE WEREN'T ALLOWED TO PUT THE FENCE UP, AND OF COURSE 20 YEARS LATER, MY ATTORNEY CALLS ME AND SAYS, YOU KNOW, THEY'RE TALKING ABOUT YOU PUTTING UP A FENCE, AND I SAID WELL, I HAVEN'T OWNED THE PROPERTY FOR 20 YEARS, SO
LOOK SOMEWHERE ELSE. I THINK IT'S RIDICULOUS TO TALK ABOUT IT OR ESPECIALLY TALK TO ME. >> MAYOR: THANK YOU. >> THANK YOU VERY MUCH. >> MAYOR: ANYONE ELSE HERE FOR PUBLIC COMMENT?
IF SO, PLEASE COME DOWN TO THE PODIUM. >> PETER CARNEY, I AM ACTUALLY VICE PRESIDENT NOW OF THE HOA OF ESTANCIA. 812 VIRGINIA GARDEN DRIVE.
I'M, I'VE ECHOED EVERYTHING THAT'S ALREADY BEEN PREVIOUSLY SAID. A BOUNDARY IS BEING PUT UP, BUT IN FORM OF A VIABLE WALL AS OPPOSED TO A CONCRETE WALL WHICH IS OVER $100,000 TO PUT UP. I MEAN I WAS BLOWN AWAY WHEN WE STARTED LOOKING FOR ESTIMATES.
I DIDN'T THINK WE WERE GOING TO HAVE TO GO DOWN THIS ROAD TO BE ABLE TO DO THIS. I MEAN, FOR SUCH A SMALL MATTER, WE HAD TO GO THROUGH MAJOR SITE RENOVATIONS, EVERYTHING ELSE PER THE CITY OF BOYNTON BEACH CODE BUT HERE WE ARE TODAY SPEAKING TO YOU, AND IT'S REALIZED IT'S
BEEN SAID BEFORE, IT'S A SENSE OF FAIRNESS HERE. IT'S 20 YEARS LATER, WE'RE BEING ASKED TO PUT -- DROP $100,000 ON A CONCRETE WALL FOR STRICTLY FOR THE BOUNDARY BETWEEN THE TWO PROPERTIES. AND PART OF -- SOME OF IT'S COMPLICATED BY THE FACT THAT YOU
HAVE A HOUSE THAT IS ONE FOOT OFF THE PROPERTY LINE. WHICH IS I'VE NEVER HEARD A PLACE WHERE A, A SIDE SETBACK HAS BEEN REDUCED FROM 10 FEET TO 1 FOOT OFF THE PROPERTY LINE. BUT AGAIN THE FACT OF THE MATTER IS ALL I'M TRYING TO SAY IS THIS IS EFFECTIVELY A SENSE OF FAIRNESS.
WE ARE PUTTING, WE ARE, WE HAVE PROPOSED A VINYL WALL TO GO BETWEEN THE TWO PROPERTIES WHICH WILL BE TWO FEET OFF THE PROPERTY LINE. SO IT'LL BE ACTUALLY THREE FEET. AND I THINK THIS IS A FAIR COMPROMISE G FROM WHAT WEAZ
BEING ASKED AND WHAT WE'RE BEING PROPOSED. >> MAYOR: THANK YOU. NEXT UP. IF YOU COULD STEP TO THE PODIUM, THAT WOULD BE GREAT. >> CATHY GANGNESS. 818 VIRGINIA GARDEN, IN
ESTANCIA. >> CAN YOU SPEAK -- >> ISSM >> MAYOR: PULL THE MIC DOWN TO YOUR MOUTH. >> I'M SHORT. >> MAYOR: I KNOW, I DEAL WITH IT ALL THE TIME. >> UM, SO AS A RESIDENT OF ESTANCIA, TO BE ASKED TO SPEND THE AMOUNT OF MONEY IT'LL COST
TO DO THIS SEEMS RIDICULOUS. HAD NO CLUE WHEN WE BOUGHT THE PLACE IN 2014, WHEN THE PERSON NEXT TO US PURCHASED THE
PROPERTY, THE THE FENCE WAS THERE. I PROVIDED THEM DOCUMENTS ABOUT THE SEWER LINE AND THE AGREEMENT ON THAT.
I WAS CONCERNED WHEN I WAS READING THROUGH THE STAFF RECOMMENDATIONS THAT THEY CONTINUED TO MENTION NO EVIDENCE OF THAT. HERE'S THE BOYNTON BEACH AGENDA
ITEM FROM 10/6/2009 WHEN YOU GUYS DISCUSSED THE PAYMENT FOR THE SEWER LINE BEING CONNECTED. BY THE DEVELOPERS OF ESTANCIA. AND HERE'S THE APPROVAL WHEN YOU GUYS APPROVED IT, YOU PAID IT. SO I WAS LIKE IN THE STAFF
COULDN'T FIND CERTIFIED COPIES OF IT? I WAS ABLE TO FIND CERTIFIED COPIES ON PALM BEACH SITE. I WAS UNABLE TO FIND THEIR REFERENCES TO THE REQUEST TO
REPLACE IT WITH A FENCE ON THE, ON THE BOYNTON BEACH SIDE. I'M STILL SEARCHING. I WOULD APPRECIATE IT IF THEY WOULD TELL ME WHEN AND WHERE. WHEN I LOOK AT THEIR REPORT AND I LOOK AT THE LIST OF THE DATES OF THE SITE PLANS THAT THEY PULLED UP, THEY'RE ALL PRIOR TO THE DATE THAT THE SEWER WAS
DISCUSSED. I HAVEN'T, I'VE OWNED BY RESIDENCE SINCE 2017. I'VE BEEN INVOLVED IN OTHER STATES WITH BUILDING AND STUFF AND NOWHERE EXCEPT MAYBE BOYNTON BOYNTON BEACH WOULD SOMEBODY BE ALLOWED TO PUT IN A STRUCTURE LIKE A CONCRETE WALL
THAT REQUIRES A FOOTING OVER UTILITIES. AND YET THAT'S WHAT WE'RE BEING ASKED TO DO. AND THE AGREEMENT ON THE PALM BEACH COUNTY SITE SAYS RIGHT ON IT THAT IN ORDER TO BE ASKED TO DO SOMETHING LIKE THAT, WOULD
REQUIRE APPROVAL OF THE SEWER PEOPLE AND OTHERWISE I DIDN'T SEE ANY OF THAT WHEN I READ THE STAFF REPORT EITHER. SO YES, I'M CONCERNED ABOUT BEING ASKED FOR THAT. I DON'T KNOW MIKE, WHOEVER THE
OBJECTION I HAVEN'T READ IT, BUT I DO KNOW HE'S NOT THE HOMEOWNER NEXT DOOR. >> MAYOR: THANK YOU. NEXT, PLEASE. >> GOOD EVENING.
MY NAME'S -- GANGNESS. THANK YOU, EVERYBODY FR, FOR YOUR TIME AND ATTENTION TO THE MATTER. I UNDERSTAND THERE IS NOTHING I CAN SAY NOR DO TO CHANGE YOUR MINDS THIS EVENING. I DO HAVE SOME QUESTIONS FOR YOU THAT YOU SHOULD THINK AND ANSWER FOR YOURSELFMENT ONE, AS STAFF, WHY WOULD YOU ALLOW STAFF TO
PERFORM THE DUTIES THAT ARE ENDOWED UPON YOU AS THE MEMBERS OF THE COMMISSIONERS? IT IS YOUR JOB TO MAKE THE DECISION. NOT THE STAFF'S. THEY SHOULD PROVIDE SUPPORT AND CLEAR EVIDENCE THAT AND FACTS UNBIASED TO ALLOW YOU GUYS TO MAKE THE DECISIONS, SO WHY ARE
THEY MAKING THE RECOMMENDATIONS THAT YOU GUYS SHOULD BE DOING THAT? I DON'T SEE WHY YOU GUYS WOULD PERMIT THIS. NOW, WOULD IT BE A CRAZY IDEA IF ALL EXCOMMUNICATIONS WERE PROVIDED ABOUT THE AFFECTED PROPERTY? MICHELLE HARRIS AND MICHAEL, I
GUESS MY QUESTION IS HOW CAN MICHAEL SPEAK ON BEHALF OF THE OWNER? THE OWNER IS IN MICHELLE TRUST THAT HE PROVIDED ANY DOCUMENTATION THAT HE IS THE MANAGER OR ANYTHING THAT HE CAN BE A REPRESENTATIVE AS AN OWNER OF SAID PROPERTY?
NOW, REGARDING THE MATTER OF THE WALL, THE STAFF REPORT SEEMS TO BE INCOMPLETE AND NONTHOROUGH. THERE SEEMS TO BE SEVERAL INCONSISTENCIES. I DO IS A QUESTION WHAT MAKES THIS VERY, VARIANCE APPLICABLE.
SHOULDN'T THIS JUST BE A SIMPLE ADMINISTRATIVE SUBMISSION? AS A PUD SHOULDN'T THE GOVERNMENT, GOVERNMENT BE GOVERNED BY THE CIVEINANTS OF ANY COMPATIBILITY -- COVENANTS OF ANY COMPATIBILITY NOT THE
LOCAL ZONING REQUIREMENTS? IT SEEMS TO BE A MAJOR ENCROACHMENT FOR THIS UTILITY. WHO'S GOING TO THEY CAN THE -- TAKE THE LIABILITY SHOULD
SOMETHING HAPPEN? THIS SEWER IS ONLY FEET FROM WATERWAY. ARE YOU GUYS GOING TO ANSWER TO FDEP TO THE ARMY CORPS TO THE COAST GUARD, IF SPILL OR SOMETHING INCIDENT OCCURS? IS THAT SOMETHING THAT THE CITY WANTS TO TAKE ON? IS THAT SOMETHING THE NEXT DOOR NEIGHBOR WANTS TO TAKE ON? IF HE WANTS THIS WALL SO BAD, IS
HE WILLING TO TAKE THIS RESPONSIBILITY? FREQUENTLY THIS IS A, A CANAL THAT IS HAS MANATEES WHICH I BELIEVE ARE PROTECTED SPECIES. FEDERALLY.
SO IS HE WILLING TO TAKE THAT LIABILITY? AND I GUESS TO IF THIS SAID WALL IS THE TO GO ON THE PROPERTY LINE, HOW DOES, HOW ROW GOING TO HAVE A FOUNDATION -- ARE YOU GOING TO HAVE A FOUNDATION NEXT TO AN EXISTING BUILDING FOUNDATION?
HOW ARE WE EVER GOING TO ACHIEVE TO HAVE NOT ANY LIABILITY TO DISRUPT HIS BUILDING, TAKE THAT ON? SO THEN AT THAT POINT, SORRY. THANK YOU FOR EVERYONE'S TIME. >> MAYOR: THANK YOU. APPRECIATE IT.
ANYONE ELSE IN THE ROOM? ANY COMMENTS FROM THE COMMISSION? ANY QUESTIONS? >> WE DO HAVE. >> MAYOR: COME ON UP, SIR. >> HI. MICHAEL WIZ NEWSKY, 815 BAMBOO LANE, MICHELLE HARRIS COULD NOT BE ATTENDING SO I SENT A LETTER OF OBJECTION TODAY.
WE DID NOT OBJECT TO THE CONCRETE WALL WE PREFER THE CONCRETE WALL OVER A VINYL FENCE. UNDER LAND DEVELOPMENT REGULATIONS OF THE CITY OF BOYNTON BEACH, A VARIANCE MAY ONLY BE GRANTED WHERE SPECIAL
CONDITIONS, SUCKSES EXIST -- EXIST. THE VARIANCE IS MINIMALLY NECESSARY TO MAKE THE USE OF THE PROPERTY. GRANTING THE VARIANCE WOULD ONLY, WOULD ADVERSELY AFFECT THE SURROUNDING NEIGHBOR. THE REQUEST DOES NOT BASED MERELY ON ECONOMIC PREFERENCE. -- PREFERENCE.
FLORIDA COURTS CONSISTENTLY HOLD THAT A VARIANCE MAY NOT BE GRANTED WHERE THE HARDSHIP IS SELF-IMPOSED A. VARIANCE CANNOT BE USED TO CORRECT CONSTRUCTION PERFORM CONTRARY TO A SITE PLAN. ADMINISTRATIVE BOARDS LACK AUTHORITY TO GRANT RELIEF WHERE THE APPLICANT CRE CREATED THE NONCONFORMITY.
THIS IS A SELF-CREATED CONDITION. THE ORIGINAL SITE PLAN REQUIRED PROPER GRADING, A RETAINING WALL, AND A BLOCK WALL CONSISTENT WITH ARCHITECTURAL DESIGN. PROPER GRADING WAS NOT COMPLETED RESULTING IN DOCUMENTED WATER RUNOFF FROM ESTANCIA TO 815
BAMBOO LANE. THE PRESENT VARIANCE REQUEST SOLELY RESIDES BECAUSE ESTANCIA FAILED TO CONSTRUCT THE RETAINING WALL AND BLOCK WALL REQUIRED UNDER APPROVED PLANS. THIS IS A TEXT BOOK DEFINITION OF SELF-CREATED HARDSHIP. UNDER FLORIDA LAW, IN BOYNTON
BEACH ZONING STANDARDS, SUCH CIRCUMSTANCES CATEGORICALLY DISQUALIFY THE APPLICANT FROM VARIANCE RELIEF. THE WALL WAS, IS, WHAT'S WE'RE LOOKING FOR TO HAVE ON THE PROPERTY.
CREATING A VARIANCE WILL DEGRADE NEIGHBORHOOD AESTHETICS, SUBSTITUTING INFERIOR FENCE WHERE BLOCK WALL IS CONSISTENT WITH COMMUNITY STANDARDS REDUCED PRIVACY AND SOUND BUFFERING, FAIL TO ADDRESS ONGOING DRAINAGE AND RUNOFF, WE HAVE A 18 TO
24-INCH VARIANCE WHERE THE WATER COMES DOWN UNDER OUR PROPERTY EVERY TIME IT RAINS. THEY DID NOT GRADE THE PROPERTY CORRECTLY. THE ADJACENT PROPERTY AT 815 BAMBOO LANE BEARS A DIRECT PHYSICAL CONSEQUENCES OF ESTANCIA'S PRIOR NONCOMPLIANCE. THE FAILURE TO INSTALL A WALL
AND PROPER GRADING HAS RESULTED IN ILLEGAL WATER DISCHARGE ON 815 BAMBOO LANE. PROPERTY DAMAGE ONGOING, DRAINAGE CONCERNS, AND POOR DOCUMENTED WITH ENGINEERING DEPARTMENT IN JUNE 2024. THE VARIANCE APPLICATION DOES NOT CURE THESE DEFICIENCIES.
INSTEAD, IT ATTEMPTS TO MODIFY THE ONE PORTION OF THE REQUIRED BOUNDARY TREATMENT WHILE LEAVING THE UNDERLYING GRADING NONCOMPLIANCE RESOLVED. THE THEORY THAT OUR DRAIN ONTO THEIR PROPERTY CREATED THE ISSUE IS NONCONSISTENT. -- NONEXISTENT.
OUR PROBLEM IS THE CONCRETE WALL RETAINING WALL WAS NOT INSTALLED AS IT WAS SUPPOSED TO BE BACK IN 2005. >> MAYOR: THANK YOU. DO YOU WANT TO SPEAK FOR PUBLIC
COMMENT? >>> YES. >> MAYOR: OKAY, IF THERE IS ANYONE ELSE IN THE ROOM, PLEASE GET UP TO THE PODIUM NOW. >> MY NAME IS DANTE. I LIVE AT 815 ESTANCIA WAY. ACTUALLY I'M THE NEIGHBOR, WHERE I LIVE IN ESTANCIA BUT THAT FENCE RUNS NORTH-SOUTH ALONG MY
PROPERTY. A COUPLE OF THINGS, HE QUOTED 2004, THE COMMUNITY WASN'T EVEN THERE IN 2004. SECONDLY, I HAVE -- HE CONTINUES TO TALK ABOUT, LET'S START WITH THIS. SO LET'S DEAL WITH THE DRAINAGE AND THE EROSION. AS SPECT OF IT. THE S -- THE SIDE OF HIS
HOUSE WHICH I HAVE PHOTOGRAPHS OF, HE HAS A GUTTER SYSTEM, WHICH ALL OF HIS GUTTERS, GABLE ROOF, EVERYTHING DISCHARGES ONTO OUR PROPERTY. IT BACKWASHES, I ALSO HAVE ALL OF THE, THAT WHOLE PROPERTY LINE WHERE OUR PROPERTY IS GRADED. EXCUSE ME. >> MAYOR: NO COMMENTS FROM THE
AUDIENCE, PLEASE. >> SO I HAVE PHOTOS OF HIS GUTTER WHICH DISCHARGES WATER ONTO OUR PROPERTY WHICH ERODED AWAY THE FENCE THAT WAS THERE. WITH ALL THE TORRENTIAL DOWNPOURS ERODED AWAY THE BOAST.
>> [OFF MI [OFF MIC] >> MAYOR: NO COMMENT. WE'LL GIVE YOU THE TEN SECONDS. >> SO AGAIN ALONG THAT PROPERTY BOUNDARY, IT CONTINUES TO ERODE AWAY. IT E-- IT CONTINUES TO ERODE AWAY SO MUCH SO THAT HE TOOK A BUNCH OF OYSTER PLANTS AND A BUNCH OF GARBAGE AND EVERYTHING
AND PLACED IT UP AGAINST THERE. SO THAT THIS WAY IT WOULDN'T. WHAT THAT DID WAS OVER A PERIOD OF TIME IT ERODED AWAY THE POST FOR THE FENCE WHICH NOW AGAIN I HAVE PHOTOGRAPHS AND I THINK THAT IT WAS DISPLAYED EARLIER WHERE THE FENCE IS NOW LEANING OVER. WHERE I PERSONALLY HAVE WINCED
HIM ROCKING THE FENCE BACK AND FORTH. AND THAT'S ALL THAT I'LL SAY ABOUT THE DISGRUNTLED NEIGHBOR THAT HAS HIS HOUSE UP FOR SALE BUT ACTUALLY HIS LIVE-IN PERSON WHATEVER HE'S NOT ON THE DEED. AND REGARDLESS OF WHETHER SOMEONE APPOINTED YOU, GIVEN YOU, YOU KNOW, A LETTER OF
AUTHORIZATION WHATEVER THAT MAY BE, HE'S NOT ON THE DEED. I DON'T EVEN KNOW IF HE'S ON THE FPL BILL. HOWEVER, I DIGRESS. THE COMMUNITY WAS BUILT, I'VE LIVED THERE FOR, YOU KNOW, C SIX YEARS. THAT FENCE WAS IN GOOD SHAPE, IT WAS IN GOOD STANDING THAT WAS THERE.
OBVIOUSLY WITH THE SEWER CONNECTION, THE SEWER LATERAL CONNECTION GOING ACROSS THE THERE, IT WOULD NOT BE A GOOD IDEA TO PLACE THE CONCRETE WALL OVER ITSELF BECAUSE AGAIN DEPENDING UPON THE DEMENT OF THAT PIPE, WHICH -- DEPTH OF THAT PIPE WHICH I'M THING IS ONLY 36 TO 42 INCHES. NOW SOMEONE FROM CODE
ENFORCEMENT OR PUBLIC WORKS DEPARTMENT COULD PROBABLY TELL YOU YOU KNOW WHERE THAT WAS BUT I HAVE A COPY OF THE APPROVED AS BUILTS BY THE CITY HERE. IT WOULD BE AN UNDUE HARDSHIP TO PLACE THIS BURDEN ONTO 30
HOMEOWNERS. TO HAVE TO CONSTRUCT A $100,000 WALL. AND AGAIN, HOW DOES, YOU KNOW, HE -- THERE IS AGAIN, THERE'S A 10-FOOT SIDE YARD SETBACK BUT HOWEVER, HIS HOME IS ONE FOOT OFF-PROPERTY -- OFF THE PROPERTY LINE SO AGAIN, YOU KNOW, WITHOUT
PLACING BLAME ON ANYONE, THERE'S GOT TO BE SOME ACCOUNTABILITY FOR THE CITY PROVIDING AND GIVING THE COC OF THE COMMUNITY, THE CERTIFICATION OF COMPLETION FOR THE COMMUNITY, AND ISSUING 30, YOU KNOW, CERTIFICATES OF OCCUPANCY FOR EACH ONE OF THE
RESIDENTS. I MEAN, WHAT'S JUST IS JUST, AND WHAT'S FAIR. >> MAYOR: SIR, YOU'RE GOOD. THANK YOU. >> SO THANK YOU. >> MAYOR: NEXT, PLEASE. >> GOOD EVENING. MY NAME'S LORI ALBNSON.
I'M A RESIDENT OF ESTANCIA. 826 VIRGINIA GARDEN DRIVE, AND I'M HERE IN SUPPORT OF OUR COMMUNITY AND MY NEIGHBORS HAVE CERTAINLY REPRESENTED I THINK SOME OF THE CHALLENGES THAT WE'RE FACING, BUT I'M HERE TONIGHT TO ASK FOR YOUR SUPPORT
IN REALLY ENSURING THAT THE BURDEN OF $100,000 IS NOT PLACED ON THE RESIDENTS. I MYSELF AND MY HUSBAND PURCHASED OUR TOWNHOME IN 2019, AND CERTAINLY SOMETHING LIKE THIS WOULD IMPACT NOT ONLY OUR FAMILY'S BUT OTHERS WITHIN THE
COMMUNITY, SO I'M JUST HERE ASKING FOR YOUR SUPPORT AND YOU KNOW, CONCURRING WITH MY NEIGHBORS AND SOME OF THE TECHNOLOGICAL ASPECTS OF THIS SITUATION. SO THANK YOU. >> MAYOR: THANK YOU.
OKAY. PUBLIC. NO MORE PUBLIC COMMENT. IF THERE IS NOTHING ELSE, DO WE HAVE A MOTION TO APPROVE THE VARIANCE? SHAWNA? >> I JUST WANT TO REMIND. THIS IS QUASI-JUDICIAL, AND I KNOW WHEN WE START TALKING ABOUT FAIRNESS OR EQUITY OR THOSE
SORTS OF THINGS, AGAIN, THAT'S MORE LEGISLATIVE. YOU ARE SITTING HERE TODAY AS A JUDGE, AND WHETHER OR NOT THE APPLICANT HAS THE BURDEN, TO SHOW THAT THEY DID NOT CREATE THIS SITUATION AND IT'S NOT ABOUT FAIRNESS. IT'S NOT ABOUT HARDSHIP.
IT'S DOES THE APPLICATION MEET OUR CODE. SO PLEASE CONSIDER THAT. THANK YOU. >> MAYOR: YOU DON'T HAVE A REBUTTAL, MR. CARNEY? >> WELL, I MEAN, I THINK THAT I
WOULD LIKE TO SAY COUPLE OF THINGS. FIRST, I DON'T THINK ANYBODY CAN REALLY SAY THAT THIS IS A SELF-IMPOSED SITUATION FOR THESE 30 HOMEOWNERS. I MEAN, LET'S BE HONEST, IT WAS 20 YEARS AGO, THEY'VE, THERE HAS TO BE SOME RESPONSIBILITY IF THE ISSUANCE OF ALL THE CERTIFICATES OF OCCUPANCY.
WE JUST CAN'T PRETEND WE WENT AHEAD AND ISSUED THEM AND OH, BY THE WAY, YOU KNOW, WE MISSED SOMETHING. YOU'VE GOT TO GO AHEAD AND DO THIS. I'M SORRY, THAT'S JUST -- WHEN YOU TALK ABOUT FAIRNESS, THAT'S NOT REALLY FAIRNESS. IT HAS TO DO WITH A CRITICAL INGREDIENT OF WHETHER THE, WHETHER THE APPLICANT IS CORRECT SAYING DON'T BUILD A WALL
BECAUSE THAT'S THE ONLY THING THAT WOULD MAKE SENSE BECAUSE IN FACT, I THINK IF THEY HAD OWNED BOTH SIDES, WHICH THEY DID, I DO BELIEVE THEY WOULD NOT HAVE REQUIRED TO HAVE A WALL BETWEEN THEIR TWO PROPERTIES. AND I THINK THAT WAS A CRITICAL POINT THAT WAS BEING MADE, WHICH IS WHY THEY ACQUIRED THAT PIECE OF PROPERTY TO BEGIN WITH.
ONE WEEK AFTER -- AND IT'S ATTACHED TO THE AFFIDAVIT THAT I PROVIDED. SO THERE WAS THE BOUNDARY ISSUE. THE CODE, THE LDR, THE LAND DEVELOPMENT REGULATIONS REQUIRE A BARRIER. THIS IS GOING TO BE A BARRIER WITH LANDSCAPING OBBOTH SIDES, AND I WILL TELL -- ON BOTH
SIDES, AND I WILL TELL YOU AND YOUR LANDSCAPE PEOPLE WILL AGREE AND EVEN MS. RADIGAN WILL AGREE IS THAT LANDSCAPING IS A MORE EFFECTIVE WAY TO MITIGATE YOUR SOUND THAN ANY WALL OR ANY FENCE OR ANYTHING. IT'S THE LANDSCAPING. AND THEY'RE TALKING ABOUT DOING
SERIOUS LANDSCAPING HERE BECAUSE NUMBER ONE, THEY GOT TO LOOK AT IT. AND YOU KNOW, IF THE SITUATION COULD BE A LOT DIFFERENT IF THE, THE PROPERTY, THE STRUCTURE DID, ONE FOOT FROM THE PROPERTY LINE. I MEAN, THESE DAYS WITH THIS,
THIS COMMISSION, NOBODY WOULD EVER APPROVE THAT NOW. BUT THE REALITY IS WE KEEP LOOKING AT A PIECE OF LAND THAT HAS UNDERGONE A LOT OF DIFFERENT ISSUES, BECAUSE IT'S THE OWNER OF THE HOUSE WAS THE OWNER OF
THE SUNWA AND THEY USED THE SAME RATIONALE MY GUY WAS TOLD HE COULD USE BY ELIMINATING THE BOUNDARY. AND YOU REALLY CAN'T IGNORE THE FACT THAT THERE'S GOING TO BE A SEWER THERE.
YOU JUST -- YOU JUST CAN'T IGNORE IT. THAT'S A BONA FIDE REASON FOR NOT HAVING TO BUILD A WALL, FIRST OF ALL, TRY TO BUILD A WALL WITH THE FOOTINGS ONE FOOT FROM THE PROPERTY. I MEAN, IT'S -- IT'S, I DON'T EVEN KNOW, I GUESS IT COULD BE DONE ENGINEERING WISE, BUT YOU
KNOW, 20 YEARS AGO, SOMEONE MADE A MISTAKE. I DON'T KNOW WHO IT WAS. I JUST KNOW THAT THE ONLY PEOPLE WHO DIDN'T MAKE A MISTAKE ARE THE 30 HOMEOWNERS WHO LIVE IN THERE NOW. WHO PAY THEIR TAXES, YOU KNOW, KEEP THEIR LAWNS UP, DO EVERYTHING THEY'RE SUPPOSED TO
DO, AND ARE NOW BEING HIT WITH SOMETHING THAT WAS COMPLETELY NOT THEIR FAULT, AND BY THE WAY, WILL REALLY ADD NO ADDITIONAL BENEFIT TO THE NEIGHBORHOOD BECAUSE THIS IS, THIS FENCE THAT THEY'RE TALKING ABOUT WILL COMPLIMENT THE NEIGHBORED. THERE IS NOBODY EVEN SAYING IT'S NOT IN HARMONY WITH THE NEIGHBORHOOD. STAFF DOESN'T EVEN SAY IT'S NOT
IN HARMONY WITH THE NEIGHBORHOOD, AND IT WILL BE AN EFFECTIVE BOUNDARY THAT ISN'T EVEN GOING TO BE SEEN BY ANYBODY, EXCEPT THE ESTANCIA RESIDENT AND THE RESIDENT OF 815. WHO BOUGHT THE HOUSE WITH A LITTLE OLD RICKETY FENCE SO THIS FRANKLY IS AN IMPROVEMENT. BUT ANYWAY, THAT'S ALL I HAVE TO
SAY. >> OKAY. . >> IIS OH BY THE WAY I DIDN'T KNOW THIS WOMAN WHO HAD ALL THIS STUFF FROM YOUR AGENDA ITEM WHERE THEIRRIC ACTUALLY PAY -- THEY'RE ACTUALLY PAYING FOR THE PUBLIC SEWER SO THE PEOPLE KNEW THE SEWER WAS THERE AT THE TIME
OF CO, THEY KNEW IT, SO TO SAY THERE IS NOTHING IN THE FILES,. >> MAYOR: OKAY. >> IS KIND OF BEGS -- THE QUESTION. THANK YOU. >> MAYOR: NO OTHER COMMENTS FROM THE COMMISSION? >> NO, I JUST WANT TO SAY THANK YOU. EVERYONE WHO CAME OUT AND SPOKE.
AND TAKING YOUR TIME TO BE HERE TONIGHT. MY POSITION IS THAT WE HAVE THIS VARIANCE PROCESS FOR A REASON, AND MOVING FORWARD, I WOULD LIKE TO APPROVE THE VARIANCE WITH THE CONDITIONAL APPROVAL THAT STAFF HAS BROUGHT FORWARD WITH THAT LANDSCAPE BUFFER.
I THINK THAT IS A CRITICAL. >> ARE THERE ANY OBJECTIONS ON THE CONDITION OF APPROVAL? WOULD YOU REPEAT THOSE AGAIN? >> WE DO HAVE A SET OF CONDITIONS OF APPROVAL, BOTH ATTACHED TO THE VARIANCE AND THE
SITE PLAN. A COUPLE OF POINTS OF CLARIFICATION. >> THE APPLICANT BY THE WAY, HAS NO OBJECTIONS TO THE CONDITIONS OF APPROVAL. WE'RE GOING TO WORK WITH STAFF TO DO WHAT THEY WANT. >> MAYOR: OKAY. >> AND THEY ARE, THEY ARE AGAIN ATTACHED TO BOTH THE VARIANCE AND THE SITE PLAN. STAFF DOES AGREE THAT A FENCE
WOULD BE A BENEFICIAL BOUNDARY IF NOTHING WAS EXISTING NOW OR IN THE STATE OF WHAT IS EXISTING CURRENTLY. A COUPLE OF THINGS I DID WANT TO CLARIFY FOR THE RECORD THOUGH, IN TERMS OF OWNERSHIP OF THE NEIGHBORING PROPERTY THAT WOULD NOT CHANGE THE REQUIREMENT FOR A BARRIER BECAUSE THE BARRIER IS A
REQUIREMENT OF THE ZONING DISTRICT AND THE DEVELOPMENT. SO WHEN THE STAFF REPORT SAYS THERE IS NO EVIDENCE OF THEM NOT HAVING TO DO IT, THAT'S ALL IT SAYS. IT'S NOT THAT THERE IS NO EVIDENCE ON THIS SITE PLAN. WE HAVE AN IMPROVED SITE PLAN. WE HAVE A SURVEY THAT SHOWS A
WALL. ACCORDING TO THE RECORDS OF THE CITY, THERE WAS A WALL. AND THAT'S WHY THE COs WERE ISSUED AND INSPECTIONS WERE FINALLED. WE HAVE A SURVEY SHOWING A WALL. I BELIEVE THAT THE APPLICANT IS STATING THE WALL NEVER EXISTED.
AGAIN, I WASN'T HERE 20 YEARS AGO. I DON'T KNOW. I CAN ONLY TELL YOU WHAT IS IN THE CURRENT RECORDS. WE DID GET, WE DID TALK TO UTILITIES. THEY ARE OKAY WITH A WALL. IT WOULDN'T BE RIGHT ON THE PROPERTY LINE. BUT I BELIEVE WE'RE DOING IT TWO OR THREE FOOT SETBACK FROM THE PROPERTY LINE AND UTILITIES HAS CLEARED THAT AS WELL.
AND AS WELL WITH PLANTING ON BOTH SIDES. I'M AVAILABLE FOR QUESTIONS IF THERE IS ANYTHING. >> SO WILL THERE BE TWO WALLS -- IF -- >> NO, THERE WAS -- THE CODE ONLY REQUIRES ONE WALL. IT WOULD BE ONE SIX-FOOT WALL,
ABOUT TWO OR THREE FEET FROM THE PROPERTY LINE. >> MAY I ASK STAFF ONE QUESTION? YOU MENTIONED THE REQUIREMENT TO BE A BARRIER. BUT THE BARRIER DOES NOT V TO BE A WALL. A FENCE QUALIFIES AS A BARRIER AS WELL, CORRECT?
>> NO, THE CODE DOES REQUIRE A SIX-FOOT WALL. THE CODE REQUIRES A SIX-FOOT WALL. >> BUT WHEN YOU TALK ABOUT A BARRIER,. >> THE CODE REQUIRES A SIX-FOOT WALL. >> AND THAT'S WHY WE'RE HERE FOR, FOR THIS VARIANCE.
I UNDERSTAND THAT IT IS A COMPLICATION TO THE NEIGHBORHOOD. >> OH, NO, I'M JUST SAYING 20 YEARS AGO WE DON'T KNOW WHY -- >> I UNDERSTAND. >> WHO WHAT WHAT TO WHOM. ALL WE KNOW IS THE DEVELOPER HAD THE MONEY TO BUILD THE WALL, THEY DIDN'T BUILD THE WALL AND THEY ISSUED 30 CERTIFICATES OF OCCUPANCY. >> I UNDERSTAND.
>> 30 PEOPLE. >> I UNDERSTAND BUT ALL I CAN SAY IS WHAT THE RECORDS SHOW. THE RECORD AND THE SURVEY SHOWS AN EXISTING WALL SO IF I WISH WHAT WE HAD EVIDENCE TO SHOW OTHERWISE, THAT IT WAS EITHER TAKEN DOWN OR NOT GIVEN, I AGREE THAT THE RECORD MIGHT BE MUDDY CONSIDERING YOUR RECOLLECTION. >> YOU KINDLY PROVIDED ME WHAT
YOU HAD BECAUSE YOU DIDN'T HAVE THE COPY OF THE CERTIFIED SITE PLAN. I MEAN. >> I WASN'T HERE 20 YEARS AGO. >> WE'RE FOUGHT GOING TO LET YOU TWO GO AT -- WE'RE NOT GOING TO LET YOU TWO GO AT IT. BUT I GET IT. I GET IT. >> I THOUGHT THEY WERE GREAT. >> MAYOR: CALM DOWN FOR A MOMENT. >> I JUST WANT TO MENTION ONE
THING. >> CALL THE QUESTION. CAN WE -- IF NO ONE HAS ANYMORE QUESTIONS -- >> IF I COULD JUST FOR THE RECORD BECAUSE THIS COULD BE REVIEWED BY A COURT SO LET ME JUST SAY -- >> EVERYTHING COULD BE REVIEWED BY A COURT. >> ISSUE OF A CERTIFICATE OF OCCUPANCY DOES NOT AMEND AN
IMPROVED SITE PLAN. IT DOES NOT ELIMINATE THE CODE REQUIREMENTS. UNLESS THERE WAS A FORMAL PLAN REVISION. SO POINTING BACK TO THE CERTIFICATE OF OCCUPANCY ISN'T DETERMINATE TO YOUR ISSUE HERE
TODAY. AND WHAT THE COMMISSION HAS -- >> MAYOR: OKAY. DO WE HAVE A MOTION? >> YEAH, SO I'LL MAKE A MOTION
TO APPROVE THE VARIANCE WITH THE CONDITIONS OF APPROVAL REQUIRED BY STAFF AS IT'S OUTLINED IN FRONT OF US TONIGHT. >> SECOND. >> WE HAVE -- WE HAVE A MOTION AND WE HAVE A SECOND. LET'S TURN TO THE CLERK FOR A
ROLL CALL VOTE ON ITEM 8C. EXPHOO COMMISSIONER KELLEY. >> NO. >> COMMISSIONER TURKIN. >> YES. >> COMMISSIONER CRUZ. >> YES. >> COMMISSIONER HAY. >> YES. >> MAYOR SHELTON.
>> YES. >> IN A ROLL CALL VOTE, THE MOTION PASSES 4-1 WITH COMMISSIONER KELLEY DISSENTING. >> MAYOR: OKAY. >> WE STILL NEED TO HAVE PUBLIC COMMENT ON 8D. ON THE MODIFICATION OF THE SITE
PLAN. WE NEED SEPARATE COMMENT. IF THERE IS ANY PUBLIC COMMENT. >> MAYOR: IS THERE ANY PUBLIC COMMENT ON ITEM 8D? NO? OKAY.
>> I THINK WE HAVE SOMEONE, MAYOR. >> OH, OKAY. >> GOOD EVENING. THANK YOU FOR YOUR TIME. MY NAME IS -- GANGNESS. REGARDING THE MATTER AGAIN. SORTIE, I WAS NOT ABLE TO VERIFY
EVERY FACT THAT I WANTED TO. THE SERVER FOR PAST PERMITS WAS AVAILABLE LAST NIGHT BUT WAS UNAVAILABLE ALL DAY TODAY. I TRIED TO PULL UP MULTIPLE TIMES THE SITE PLAN. I WOULD CALL TO QUESTION IT APPEARS THAT THE ONE THAT THEY'RE GOING OFF OF SAYS A CONCRETE WALL DOWN THE LOWER
CORNER BUT IF YOU LOOK TO THE NORTH OF THAT, IT DOES CALL OUT A FENCE. SO THAT MIGHT NOT BE CALLED INTO QUESTION. I HAVE THAT ONE. SORRY. SORRY. >> MAYOR: YEAH.
YOU ARE ON THE CLOCK. >> I AM. >> MAYOR: SORRY. >> WELL, ANYWAYS, I JUST -- THE VALIDITY OF THAT, YEP. THIS SAYS WOOD FENCE RIGHT THERE ON THE SITE PLAN THEY ARE TALKING ABOUT. BECAUSE IT SEEMS LIKE THERE IS THIS UNDERLYING CURRENT OF STAFF
THAT THEY WANT THIS WALL. THEY ARE SOMEHOW UP TO BAT FOR THIS GENTLEMAN THAT IS THE PROPERTY OWNER. SO THEY'RE JUST SEEING WHAT THEY WANT TO SEE. THEY SAY, OH, THERE'S A WALL THERE. WELL, IT CALLS OUT A WOOD FENCE ON THAT SITE PLAN.
SO WHERE IS THEIR COMMENT FOR THAT? >> PLEASE. >> MAYOR: YEAH, IF YOU WANT TO SPEAK, GET UP TO THE PODIUM, WE'LL START THE CLOCK. INSTEAD OF TALKING AMONGST
YOURSELVES, SORRY. >> DO WE HAVE ANYONE ELSE FOR PUBLIC COMMENT? >> MAYOR: THERE IS NO ONE ELSE ONLINE SO WE'RE GOING TO CLOSE PUBLIC COMMENT. >> THERE IS A MOTION TO APPROVE THE MAJOR SITE PLAN APPROVAL, WHICH IS STAFF IS RECOMMENDING YOU APPROVE IT BECAUSE THOSE
ARE, THOSE SET THE CONDITIONS OF APPROVAL FOR THE VARIANCE THAT YOU JUST APPROVED. >> OKAY. >> SO MOVED. >> SECOND. >>> WE HAVE A MOTION AND WE HAVE A SECOND. LET'S TURN TO THE CLERK FOR A ROLL CALL VOTE ON ITEM 8D. >> COMMISSIONER KELLEY? >> YES. >> COMMISSIONER TURKIN. >> YES. >> COMMISSIONER CRUZ. >> YES. >> VICE MAYOR HAY.
>> YES. >> MAYOR SHELTON. >> YES. >> IN A ROLL CALL VOTE, THE MOTION PASSED UNANIMOUSLY. >> MAYOR: THANK YOU VERY MUCH. >> ONE LAST THING. I WAS WITH REGARD TO THE ITEM THAT WAS TABLED, I WAS ABLE TO CLARIFY THAT. YES, YOU COULD ONLY SERVE ON ONE BOARD AT A TIME. HOWEVER, THOSE TWO PEOPLE ARE
ALTERNATES, WHO ARE SEEKING REGULAR APPOINTMENT, SO I DON'T KNOW IF WE WANT TO HANDLE IT JUST AT THE NEXT MEETING SINCE WE TABLED IT. >> MAYOR: YEAH. >>> NEXT MEETING. >> MAYOR: OKAY. LET'S MOVE ONTO, BECAUSE WE WANTED TO QUICKLY DISCUSS THE BUDGET DATES TO DISCUSS. SO IF EVERYBODY -- >> I JUST WANT TO THANK YOU ALL VERY MUCH. THIS IS MY FIRST TIME IN YOUR CHAMBERS HERE.
YOU HAVE REALLY GREAT CHAMBERS. THERE ARE CITIES LOCAL TO YOU WHO COULD LEARN ABOUT HOW THIS ROOM IS SET UP. >> MAYOR: THANK YOU VERY MUCH. >> -- SERVES YOU WELL TO SAY THAT. >> MAYOR: EVERYBODY HAS THE ADDITIONAL DOCUMENT AND THIS IS TO, THIS IS FOR THE, THE TUESDAY, JUNE 30TH, FIRST BUDGET MEETING, AND THEN WE HAVE THE
SECOND ONE SCHEDULED FOR THE 8th AND THE 9th, CORRECT? >> YES, AND THAT ACTUALLY SHOULD SAY IF NEEDED. SORRY ABOUT THAT. I MISSED -- >> SO IF NEEDED. >> MAYOR: IS EVERYONE HERE OKAY WITH THOSE DATES? >> ARE WE DOING AN ALL-DAY WORKSHOP ON THE FIRST DAY. >> MAYOR: WHICH WOULD BE THE 30th.
>> THEN WE'LL BE WITH YOU GUYS INDIVIDUALLY BEFORE THAT, AND YOU SHOULD HAVE THE BUDGET BOOK ON THE, BY THE 22nd, 23rd. >> MAYOR: THESE DATES WORK WELL FOR ME. >> LOOKS GOOD, PERFECT. >> SO ALL DAY ON TUESDAY. >> MAYOR: MM-HMM. >> AND THEN WE'RE GOING TO SET TENTATIVE DATES IN CASE WE DON'T FINISH. >> MAYOR: FOR THE 8th AND 9th.
>> FOR THE 8th AND THE 9th, AND THEN, SO THEN, AND THEN JUST A FOLLOW UP ON OUR LEGISLATIVE BREAK, WE WOULD DO THAT I GUESS ASSUMING AFTER THE 9th? END OF JULY, BEGINNING OF AUGUST IS KIND OF WHAT WE WERE SHOOTING FOR. >> RIGHT WE WOULD NOT HAVE
THE -- RIGHT, WE WOULDN'T HAVE THE JULY 21st MEETING AND WE WOULDN'T HAVE THE AUGUST 4th MEETING IS MY UNDERSTANDING FROM OUR DISCUSSION. >> I THOUGHT WE WERE DOING MIDJUNE. >> NO. WE DISCUSSED IT AT THE AGENDA REVIEW. DUE TO OTHER CONFLICTS. SO WE WERE, THAT'S WHY WE ARE
MOVING UP THE BUDGET WORKSHOPS A LITTLE BIT SOONER. SO I THINK THAT'S STAFF IS THAT YOUR RECOLLECTION ALSO FROM THURSDAY NIGHT THAT WAS -- >> MM-HMM. >> IS THAT WE WOULDN'T HAVE THAT LAST MEETING IN JULY AND THE FIRST MEETING IN AUGUST. TO GIVE STAFF A -- >> WHAT'S THE DATE OF THE AUGUST MEETING?
>> THE 4th I BELIEVE. >> WELL, THAT'S PERFECT. >> THERE IS GOING TO BE SOME ADDITIONAL DISCUSSION WITH SOME UNKNOWN ITEMS RIGHT NOW, SPECIFICALLY THE PROPERTY TAX LEGISLATION THAT'S BEEN IN BOTH THE HOUSE AND THE SENATE. SO I EXPECT THAT IT COULD BE A
LITTLE BIT LONGER THAN LAST YEAR, BUT I STILL THINK THERE'S A POSSIBILITY WE COULD PROBABLY GET THROUGH IT IF WE DEDICATE ONE SOLID DAY. >> OKAY. >> ONE MORE, ONE MORE POINT BEFORE WE DISMISS. DID, DID WE DECIDE WHAT WE WERE
GOING TO DO ABOUT 11F? DID WE WANT TO KEEP TAT ON THE FUTURE AGENDA? I DON'T KNOW IF STAFF REACHED OUT TO YOU, COMMISSIONER CRUZ. WE WERE KIND OF CLEANING UP THE FUTURE AGENDA OUT OF THE AGENDA REVIEW -- >> I SAW THE AGENDA REVIEW. >> YEAH. I DID REACH OUT TO THE.
>> DID ANYONE FROM STAFF REACH OUT TO YOU? >>> OKAY. I'LL ADDRESS THAT. >> BUT THANK YOU FOR BRINGING IT UP. I DID REACH OUT TO THE INDIVIDUALS THAT WANTED TO HAVE THAT MEETING. I DIDN'T GET A RESPONSE, SO I'M JUST GOING TO GO AHEAD AND SAY
IT'S OKAY TO GO AHEAD AND REMOVE F. AND THEN I THINK THE SAME THING WITH -- >> THAT WAS THE SIDEWALK. NO THE SIDEWALK ONE IN GOLFVIEW HARBOR. >> TAKE CARE OF STAFF AND
THEY'RE NO LONGER BUILDING SO I WOULD BE OKAY WITH REMOVING IT AS WELL. THANK YOU. >> MAYOR: OKAY, DOES ANYONE HAVE -- >> ITEM 11B,. I WOULD LIKE TO HAVE AN UPDATE BECAUSE YOU KNOW, COMMISSIONER
ELECT HAS ALREADY GONE, BUT I LIKE TO HAVE AN UPDATE ON THAT. AND THEN ON E, ABOUT THE FUTURE CEMETERY, I WOULD JUST HOPE THAT HE WOULD JUST TAKE THAT OVER BECAUSE THAT'S AN ONGOING ITEM.
>> CHAIR: MM-HMM, PERFECT. >> I'M 100% CERTAIN HE'S TAKING THAT OVER. >> YEAH, YOU HAVE MY WORD. >> IF YOU GUYS HAVE ONE THING IN COMMON. >> MAYOR: GOT ONE MORE MEETING WITH YOU. ONE MORE MEETING WITH YOU. >> TWO MORE. NO TWO MORE. I HAVE THE MARCH -- >> MAYOR: TWO MORE ON THE 3rd? THEN THE 23rd.
>> OH, THE 23rd. OKAY. AND THE CRA MEETING. >> MAYOR: OKAY. >> THEN ON THE 23rd, -- >> THAT'S RIGHT. >> SO THEY'LL BE WAITING TWO WEEKS. I GOT THROWN AT THE WIEW WOLVES THE FIRST NIGHT. OKAY, DOES ANYONE HAVE ANY TIME COMMENTS?
IF NOT DO, I HAVE A MOTION TO ADJOURN. >> I JUST WANT TO REAL QUICK THANK STAFF. EVERYONE WHO CAME TO THE MARINA VILLAGE TOWN HALL YESTERDAY ON THEIR DAY OFF. >> MAYOR: YEAH, IT WAS GREAT. >> THANK YOU SO MUCH. I KNOW IT WAS A HUGE SUCCESS, ESPECIALLY THE CONTRAST BETWEEN HOW IT WAS THE FIRST MEETING, TO
HOW IT WAS YESTERDAY IS A BIG DIFFERENCE AND SO SEEMS LIKE FOLKS ARE HAPPY AND THANKS FOR TAKING TIME AWAY FOR YOUR FAMILIES. >> MAYOR: THANK YOU. WE HAVE A MOTION DID WE HAVE A SECOND? SECOND. >> MOTION TO ADJOURN. >> SECOND. >> SECOND. >> MAYOR: ALL RIGHT. WE HAVE A MOTION TO ADJOURN, WE HAVE A SECOND. ALL THOSE IN FAVOR, SAY AYE.
NO FURTHER -- MOTION PASSES UNANIMOUSLY. IF NO FURTHER BUSINESS TO DISCUSS, ADJOURNED AT 8:13 P.M.