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Minutes 12-19-17
MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD ON TUESDAY DECEMBER 19, 2017, AT 6:30 P.M. IN COMMISSION CHAMBERS, CITY HALL 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Steven B. Grant, Mayor Justin Katz, Vice Mayor Mack McCray, Commissioner Christina Romelus, Commissioner Joe Casello, Commissioner 1. OPENINGS A. Call to Order - Mayor Steven B. Grant Chair Grant called the meeting to order at 6:30 p.m. Invocation Commissioner McCray gave the invocation Lori LaVerriere, City Manager Jim Cherof, City Attorney Judith A. Pyle, City Clerk Pledge of Allegiance to the Flag led by Commissioner Romelus Commissioner Romelus led the Pledge of Allegiance to the Flag. Roll Call City Clerk Pyle called the roll. A quorum was present. Agenda Approval: 1. Additions, Deletions, Corrections Vice Mayor Katz requested to remove item 5 .D, and added an item to Future Agenda for discussion about the Certificate of Cooperation with the Federal government. Mayor Grant moved item 5. B, before Public Audience, and added item to New Business F regarding the CRA and the Florida Housing Finance Corporation. 2. Adoption Meeting Minutes City Commission Boynton Beach, Florida Motion December 19, 2017 Commissioner McCray moved to approve as amended. Vice Mayor Katz seconded the motion. Vote The motion unanimously passed. 2. OTHER A. Informational items by Members of the City Commission Commissioner Casello wished everyone a Merry Christmas, Happy Holiday, a Happy Healthy and Prosperous New Year. Indicated he met with Bradley Miller of Miller Land Planning. Commissioner Romelus noted she met with Bradley Miller, of Miller Land Planning. Wished everyone a Merry Christmas and a Happy New Year. Mayor Grant wished everyone a Happy Holiday and a wonderful New Year. Attended the screening of "On the Town" which aired on WXEL - South Florida PBS and WPBT2 South Florida PBS Dec. 23 and Dec. 24; on WXEL at 5:30 p.m. and on WPBT2 at 7:30 p.m. Mayor Grant attended the Finnish Centennial and the Business Development Bureau "Arts means Business". Attended WGI breakfast, met with First Street Foundation. Attended a ceremony at Cross Point and the Boynton Beach Chamber of Commerce luncheon at Benvenuto Restaurant. Also attended the Public Works luncheon and the PBA luncheon. On Dec 14, Mayor Grant attended the (TPA) Transportation Planning Agency meeting, moving towards not just widening roads but making it multi modal. Attended the NAMI (National Alliance for Mental Illness), Boynton Intracoast Group luncheon, had a meeting with Hack Lab. Met with the Church of Latter Day Saints. Attended the retirement of Chief Sergio Sandoval. He attempted to attend the Quantum Board Property Owners Association meeting; he showed up at 7:10 pm but the meeting was over. Stopped by the Boynton Beach High School to watch basketball, but they were not there, but the soccer team was. On December 18 met with Bradly Miller regarding Eden Ridge, lighting the Boynton Beach menorah in the mall for the 23rd annual menorah lighting. Met with Jay Boggess, Principal at South Tech High School. Commissioner McCray met with Bradley Miller. Attended the ribbon cutting for The Orchard store. Attended the Chamber of Commerce luncheon. Wished everyone Merry Christmas and Happy Holiday. Vice Mayor Katz met with Bradley Miller. Wished everyone a Happy Holiday. 2 Meeting Minutes City Commission Boynton Beach, Florida December 19, 2017 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. City offices will be closed on Friday, December 22nd and Monday, December 25th in observance of the Christmas holiday. City offices will also be closed on Monday, January 1, 2018 in observance of New Year's Day. Mayor Grant announced the closing of City Hall for the above dates. B. Announcement that Boynton Beach is featured on "Our Town", a South Florida PBS television show.. Mayor Grant announced the City of Boynton Beach was being featured on "Our Town" a South Florida PBS television show. C. Recognition of Boynton Beach Police Chief Jeffrey Katz for nearly 20 years of dedicated service to the City of Boynton Beach by the City Commission. Mayor Grant recognized Police Chief Jeffrey Katz for nearly 20 years of dedicated service to the City of Boynton Beach. Chief Katz stated next to being a father and husband, serving the residents of the City of Boynton Beach in the capacity of Police Officer to Police Chief was the best thing to happen in his life. He said the past 19 years had been an honor. He was grateful for so many people, from the staff to the residents of Boynton Beach. Chief Katz stated the definition of a hero was someone who put others before themselves; in so many respects he sees this day end and day out, both in Law Enforcement and the Fire Services. He said beyond a doubt Lori LaVerriere, City Manager has been the best boss he has ever had; she has supported him and the Commission. He was thankful for Jim Cherof for his wise counsel. He has been surrounded by a great team. Commissioner McCray noted it was a pleasure working with the Chief. D. Present an Award of Appreciation to Mr. Steven Waldman for 19 years of dedicated volunteer service to the City of Boynton Beach. Mayor Grant presented the appreciation award to Mr. Steven Waldman for 19 years of dedicated service to the City of Boynton Beach. Mr. Waldman noted as a former teacher he always had something to say. He thanked all of the Commissioners and the people of the City of Boynton Beach. Commissioner McCray thanked Mr. Waldman for his many years of service. Commissioner Casello said he has admired Mr. Waldman from afar. He has made a difference in so many lives, he should be proud of those accomplishments. 3 Meeting Minutes City Commission Boynton Beach, Florida December 19, 2017 E. Present a Certificate of Achievement from Mayor Grant to Padmashwarie (Padma) Jadunandau, a recent Career Online High School (COHS) Graduate. Padma was awarded a COHS Scholarship from Library staff in November 2016. Padma graduated within 11 months with a 4.0 grade point average. Mayor Grant presented a Certificate of Achievement to Padmashwarie Jadunandau. Padmashwarie Jadunandau wanted to thank Jeannie Taylor from the Library and the City of Boynton Beach for the opportunity to be granted a diploma. Jeannie Taylor, City of Boynton Beach Librarian, remarked the Library enjoyed helping Padma in her lifelong learning experience and goal. Ms. Taylor noted the Library has five scholarships available to City residents at least 19 years of age and having a library card. Commissioner Romelus indicated this was a very successful program. This program allows residents to earn their high school diploma. She thanked the Library staff for implementing this program. F. Presentation of the awards to the Annual Holiday Parade Award participants that were recognized for their outstanding performance, presented by Mary DeGraffenreidt, Program & Events Manager. Wally Mayors, Parks and Recreation Director, recognized Mary Degraffenreidt, Program and Events Manager and Stephanie Soplop Recreation and Assessment Specialist. These two staff were the leads in planning the Annual Holiday Parade event. The Recreation Department was recognizing four categories: • Best Marching Unit — Diamond and Pearls dancing units. • Best Performance by a Marching Band - Galaxy E3 Drum line, Dynamic Marching Band. • Most Creative — Little Ms. America, Alicia Thomas • Most Outstanding Float- Southern Custom Iron and Art. Commissioner McCray thanked everyone for a job well done. Item moved from S.B. B. Discuss and approve the City of Boynton Beach Legislative Priority List for the 2018 State of Florida Legislative Session - Mat Forrest Mathew Forrest, Ballard Partners, lobbyist, explained there were more than 1000General Bills filed. The Legislature meets from January 9, 2018 to March 9, 2018. 0 Meeting Minutes City Commission Boynton Beach, Florida December 19, 2017 He indicated there were some unfunded mandates imposed on local governments which would be opposed through the legislative or budget process. There were some preemptions regarding the vacation rentals, and the CRA's. There was legislation regarding impact fees for developments and how and when they can be used and how they are collected. The Red Light Camera was set to be repealed. There was a Bill regarding tree trimming on private property. Senator Mayfield introduced a Bill which would allow Cities to regulate smoking in parks. The economic projections are showing a very small surplus. He explained multiple hurricanes have hit the state in the past year. There are 1210 projects being pushed in the state legislator totaling $1.9B. The City of Boynton Beach has 3 projects. HB 3187 Mangrove Park Water Quality and Access Improvement by Representative Jacquet and Senator Rader. HB 3863 Alternative Reclaimed Water Supply Project by Representative Slosberg and Senator Rader. HB 2895 Boynton Beach Fuel Cell Power Generation by Representative Jacquet and Senator Powell. As the process goes he advised to stay engaged. Commissioner Romelus wanted to commend Mr. Forrest for the work he was doing in Tallahassee for the City of Boynton Beach. Mayor Grant inquired about the Constitution Revision Commission. Mr. Forrest explained every 20 years the State of Florida has a Constitution revision Commission appointed. The Commission has about 30 plus members. He indicated it was much like a legislation body they hear ideas and proposals for amendments that will go on the November 2018 ballot. If approved by 60% of voters these amendments are incorporated into the Constitution. He noted some of those have dynamic impact to local government, others do not. Mr. Forrest indicated there are about 70 to 100 proposals. Commissioner McCray thanked Mr. Forrest for his many years of service. Noted Representative Slosberg presented a bill on texting and driving. The City of Boynton Beach sent a resolution. He wanted Mr. Forrest to know the City was in support of the Bill. Vice Mayor Katz looked forward to being in Tallahassee in January 2018. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS W ILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Mayor Grant opened public audience. Representatives of Palm Beach County Film and TV Commission informed everyone the City of Boynton was featured in "On the Town in the Palm Beaches". This was a In Meeting Minutes City Commission Boynton Beach, Florida December 19, 2017 show to highlight the many different areas in Boynton Beach. Thanked the City of Boynton Beach for allowing them to showcase the area. Clifford L. Bell, MILK Quick Stop, indicated MLK Quick Stop was not a bad store. The police would come in and do what they wanted without permission. He continued stating the Police Department does not pay attention to what was happening around the area. He spoke with Mr. Hayes regarding the Family Dollar store. He asked to look at call logs. They have stealing, overdoses, and all types of crime. When you have white and Spanish people around, they come looking for drugs like heroin. When the police have problems, they blame MILK Quick Stop. Police have never found drugs on MILK Quick Stop. MILK Quick Stop was not the drug problem. He said the guys that are selling the drugs are the problem; he cannot tell the people where to go. He does not allow anyone to sell drugs in or around the store. He has called Commissioner McCray because when a family was waiting on food the police told them that they had to leave. This was not right. Commissioner McCray said he requested Mr. Bell to come tonight to present his issues to the Commission. He represents District II. Thanked Mr. Bell for attending the meeting. The Commission has heard what was said. Indicated it was now on record. Minister Bernard Wright, CEO Bernard Wright Ministries, Real Talk Radio, was at the Commission meeting with the mother of Kunta Kinta. This has been a very sensitive issue. During the time the mother was burying her child some things have been reported from the Police Department. Especially from Captain Burdelski who said this was good for the community, and he was glad that this mother's son was dead. This community was infuriated of what was being reported by the Palm Beach Post. Minister Wright indicated there was an alleged killing and it has been said her son was a bad guy. Having her sons faces in the newspaper and making our community look like we are all criminals. He wanted to touch on the MILK store; nothing happens at the store. He indicated this was an isolated incident. He noted the Police Department was trying to glorify criminal activity. Commissioner McCray asked the name of the officer. Minister Bernard Wright indicated the name of the police officer was Captain Burdelski Gladys Riddick, mother of Kunta Kinta, noted her son was killed. She did not appreciate what Captain Burdelski said about her son. Her son did not deserve to die. Ms. Riddick stated if you don't know the answer to a question, you need to ask. She indicated Captain Burdelski said he was happy that her son was dead. She wants an apology. He was wrong for saying that about her son. As for the person who wrote those things in the newspaper, they need to get their facts straight. She indicated she wanted an apology from the Palm Beach Post. Mayor Grant offered his condolences. 9 Meeting Minutes City Commission Boynton Beach, Florida December 19, 2017 Dorcin Louisny, Growing Strong Ministry, thanked the City of Boynton Beach for providing support to the ministry. To show appreciation Growing Strong Ministry presented to Boynton Beach with a certificate of appreciation presented to Boynton Beach for your loyalty to the Community. Alexandra Odette thanked the Commission for bringing the issue of Sanctuary City. It was disappointing how everything happened. Black Women have been the voice of decency in this county. History will know that Commissioner Romelus left a positive mark. She said people who did not stand up for the right thing will fall. When children go to school and have to fear going home to parents that may have been deported this was not right. Mahti Mugilan Paguth Arivalan, 5102 Mahogany Drive, indicated he would like to bring up what happen at the last City meeting. Being a Ione woman, Commissioner Romelus boldly stood up and explained what a Sanctuary City was. She still pursued and stood up for the people who were undocumented. The undocumented immigrants would be less likely to report crimes. Police officers are likely to be caught in the middle, between public worry about illegal immigrants and how to build trust. The last meeting revealed the lack of knowledge on the whole immigration issue. Vice Mayor Katz was exercising Trumpism when he was morally equating racist anti -immigrant with those who are protesting racists. It was a shame that he does not understand the 10th Amendment and was teaching school children. Mayor Grant, Commissioner McCray and Commissioner Casello have given in to the demands of white Supremists and their lack of understanding of the 10th Amendment. They also exhibit the stands on how they represent the community. He said by law a local city can become a Sanctuary City. He said very few people have spoken to their President but most have spoken with their Mayor or Commissioners. Windy King, 1361 NW 91 st Way, Coral Springs, wanted to thank the Commissioner for bringing this to the City, emotions was running high. Stated becoming a Sanctuary City does not mean the City would refuse to cooperate with Federal law. It does not mean the Commission is telling the police not to cooperate with Federal agents. Local police are not trained in immigration law. She would like to see a policy in place to protect the large number of people which has protected status. She said Palm Beach County Schools do not disclose children citizenship status. Flavio Franco, 802 North C Street, commended Commissioner Romelus. She was discourage and ashamed of the anti- immigrant rhetoric. She indicated she works in Riviera Beach. Every single person that works with her was an immigrant. When speaking of a Sanctuary City they are talking about protecting us. What about the 12M that do not have the protected status. Mary Law, 3481 South Seacrest Boulevard, inquired about a written opinion regarding fireworks. She said individuals need not set them off if the City would be having a firework display. Noted there was a Florida statute which stated fireworks could only be 7 Meeting Minutes City Commission Boynton Beach, Florida December 19, 2017 use to scare the birds away. These businesses are making people lie to get fireworks. She lives near the Searcrest scrub. Ms. Law stated the fireworks begin a couple of day before and after holidays. The fireworks are set off until 2 to 3 o'clock in the morning. The people aim the fireworks at the Searcrest Scrub. The fireworks are aimed at her property. The next morning she goes on her roof and in her pool. She stated by allowing this one day a fire will be started. She has gone around her neighborhood to see if she could get the people to stop. She asked the police if they could stop it, she was told this was not allowed. She was told the Chief of Police said they could only tell the people to try and make it safe. Mayor Grant noted he does not know what they can do as a City. This was preempted by the state, regarding their registration. His suggestion would be to get an attorney or research what can be done. Ms. Law asked if we could stop the residents from using fireworks. Mayor Grant stated they can anyplace to purchase the fireworks. Ms. Law indicated the Police departments are being placed in harm's way. She would get a statement from the City. Mayor Grant stated no. Ms. Law stated the City is in violation of Florida Statutes. Chris Montague, 222 West Ocean Avenue, offered an opinion. There was clearly a large amount of division within the City of Boynton Beach. There was need for a discussion. Perhaps a Sanctuary City or a special townhall meeting should be held. He was disappointed in the profanity spoken. Dr. Piotr Blass 113 Tara Lakes Drive, supported Commissioner Romelus. He believes Haiti and U.S. will have a common market. Dr. Blass stated while this was very important he would like less stress. There are some other goals the City needed to address. For many years he has been working on the University of Boynton. He explained the City of Boynton Beach needs to lift education to a higher level. This City was very rich in other ways. It seems Lake Worth was stealing his ideals. He believes that the mall was dying and should be replaced by a huge building belonging to the City. He stated there would be no taxes in the City. Alec Knowles Tylor speaking on behalf of Women's March, stated the mission of Women's March was to harness the political power of diverse women and their communities to create transformative social change. Women's March was a women -led movement providing intersectional education on a diverse range of issues and creating entry points for new grassroots activists & organizers to engage in their local communities through trainings, outreach programs and events. Women's March was committed to dismantling systems of oppression through nonviolent resistance and building inclusive structures guided by self-determination, dignity and respect. Their mission was to stand up. She was hoping the City would speak about Cindy Falco DiCarrodo. They have a lot of questions about Cindy Falco Dicarrodo. She was hoping the City could do a better job of appointing people which were going to have a lot of influence on the minority community. Meeting Minutes City Commission Boynton Beach, Florida December 19, 2017 Roma Young, 101 South Federal Highway, wanted to piggy back on what was said about Family Dollar. She saw a drug deal going down behind the Family Dollar store. She was a retired investigator from the State of New Jersey. She expected someone to arrest the guy. Mayor Grant seeing no one else coming forward, closed Public Audience. Mayor Grant answered the questions regarding vacancies. The City does not have a social media request. The applications are available online. The City of Boynton Beach has vacancies. No one else decided to volunteer. Commissioner Romelus wanted to add, we as the Commission bear the responsibility to be more vigilant. The Commission has a duty to the public to protect them. She said when we have individuals who were blatantly violating those rights we need to do something. This was something that was very disturbing. We have a responsibility to look at these applicants that they do not propose a hazard to our City. Commissioner Casello inquired how that can be done. How do we vet those people, do we get a background check. We take them at their word. Mayor Grant said we could get their social media information. Commissioner Casello stated we need to take them at their word. If we find out later, then the Commission could dismiss them. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (N/V Stu) openings exist.- Arts xist: Arts Commission: 2 Alts Building Board of Adjustments & Appeals: 2 Regs and 2 Alts Employee Pension Board: 2 Regs Historic Resource Preservation Board: 1 Reg Library Bd: 1 Alt Planning and Development Bd: 1 Alt Senior Advisory Bd: 1 Reg and 2 Alts Motion Commissioner McCray moved to nominate Cathy McDeavitt to the Employee Pension Board (REG). Mayor Grant seconded the motion. N Meeting Minutes City Commission Boynton Beach, Florida December 19, 2017 Vice Mayor Katz asked if they checked her social media account. Vice Mayor stated we cannot move forward since we have a motion on the floor. Until we develop a social media vetting process. Mayor Grant stated Ms. McDeavitt, was a retired City of Boynton Beach employee. She has been part of the City for a long time. Mayor Grant passed the gavel to Vice Mayor Katz. Commissioner McCray said as long as this City has been in existence, everyone that has been on the board have been vetted. We have had one person that was a bad apple. Everyone who have come and served on the board are good people. Vote 2-3 motion failed (Commissioner Romelus, Commissioner Casello, and Vice Mayor Katz) Motion Mayor Grant moved to nominate Michael Wilson to Historic Resource Preservation Board (REG). Vice Mayor Katz seconded the motion. Vote The motion unanimously passed Commissioner Casello moved to table nomination for the Planning & Development Board. Vote The motion unanimously passed Motion Mayor Grant moved to nominate Lucas Vogel for the Planning & Development Board (REG) Commissioner McCray seconded the motion. Vote 2-3 motion failed (Commissioner Romelus, Commissioner Casello, and Vice Mayor Katz) 10 Meeting Minutes City Commission Boynton Beach, Florida Motion December 19, 2017 Commissioner McCray nominated Terry liams to the Senior Advisory Board (REG). Mayor Grant seconded the motion. Vote 2-3 motion failed (Commissioner Romelus, Commissioner Casello, and Vice Mayor Katz) Commissioner McCray stated they hope they do not lose good qualified individuals. The citizens said they wanted unity. The City does not have volunteers now. Mayor Grant stated that the people that are volunteering now have their resume for all to review. C. Discuss and approve the City of Boynton Beach Legislative Priority List for the 2018 State of Florida Legislative Session - Mat Forrest- (Item moved before Public Audience) D. Commissioner Romelus attended the Florida League of Cities 2017 Legislative Conference and wanted to update the Commission on information relating to Amendment 1 that was presented. Commissioner Romelus showed a video. Stated this amendment will be on the ballot for November 2018. This was something that will impact the public. The majority would be losing. This would impact City of Boynton Beach budget. Commissioner McCray indicated in his district some homeowners do not pay taxes. E. Commissioner Casello has requested this item be placed on the agenda for the Commission's discussion regarding advisory board member Cindy Falco- DiCorrado. Ms. Falco-DiCorrado currently serves as a board member on the CRA Advisory Board and the Arts Commission Board. (Item removed from the agenda) 6. Consent Agenda Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. PROPOSED RESOLUTION NO. R17-126 - Authorize the Mayor to sign the Interlocal Agreement between the City of Boynton Beach and the School Board of Palm Beach County for the mutual use of recreation facilities. 11 Meeting Minutes City Commission Boynton Beach, Florida December 19, 2017 B. PROPOSED RESOLUTION NO. R17-127 -Amend the FY 2017-2018 budget which will adjust budgeted appropriations and revenue sources and provide spending authority for prior year Capital Improvement Projects (CIP) Purchase Orders and approved projects that need to be rolled into the current fiscal year. C. Accept the written report to the Commission for purchases over $10,000 for the month of November 2017. D. Legal Expenses - November 2017 - Information at the request of the City Commission. No action required. Mayor Grant asked for a motion. Motion Commissioner McCray moved to approve the Consent Agenda. Commissioner Casello seconded the motion. Vote The motion unanimously passed. 7. BIDS AND PURCHASES OVER $100,000 A. Approve the purchase of new and replacement vehicles as approved in the FY2017/2018 budget in the estimated amount of $1,729,507.31 by utilizing the following contracts: Florida Sheriff's Association Contract #FSA17-VEH25.0 and Florida Sheriff's Association Contract #FSA1 7-VEH1 5.0. Mayor Grant asked for a motion. Motion Commissioner McCray moved to approve. Commissioner Casello seconded the motion. Vote The motion unanimously passed. B. Approve utilizing the City of West Palm Beach Supplemental Staff Agreement with U.S. Water Services Corporation (ITB 16-17-119) for water and wastewater operation and management services thru September 30, 2018 for an amount not to exceed $175,000. The West Palm Beach procurement process satisfies the City's competitive bid requirements. 12 Meeting Minutes City Commission Boynton Beach, Florida Mayor Grant asked for a motion. Motion December 19, 2017 Commissioner Romelus moved to approve. Commissioner McCray seconded the motion. Vote The motion unanimously passed. C. Approve the purchase of new and replacement vehicles as approved in the FY2016/2017 budget in the estimated amount of $504,472.45 by utilizing the following contracts: Florida Sheriffs Association Contract #FSA16-VEL24.0, FSA16-VEH14.0, Florida State Contract #21100000-15- 1 & NJPA Contract #112014 -THC. Mayor Grant asked for a motion. Motion Commissioner McCray moved to approve. Commissioner Casello seconded the motion. Vote The motion unanimously passed. 8. CODE COMPLIANCE and LEGAL SETTLEMENTS - None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. PROPOSED ORDINANCE NO. 17-037- FIRST READING - Approve Eden Ridge Rezoning (REZN 18-001) from R -1 -AA Single -Family Residential District to R -1- A Single -Family Residential District. Applicant: Aldo Kosuch of Eden Ridge, LLC. Attorney Cherof read Proposed Ordinance No. 17-037 by title only on First Reading. Attorney Cherof swore in all who would testify. Bradly Miller, Miller Land Planning, 508 E. Boynton Beach Boulevard. indicated this was a rezoning application. Changing the zoning designation from R -1 -AA to R -1-A. 13 Meeting Minutes City Commission Boynton Beach, Florida December 19, 2017 This was a 2.4 acre property near the south end of the City. The land was located on the east side of Seacrest Boulevard. Some of the surrounding uses of the property was St. Joseph School, to the north and the east was the Palm Beach Scrub area bound to the property on the east and west side. There was a 2.3 acre property owned by Mary Law. The area to the south was residential where the majority was zoned R -1-A. Rezoning would allow the client to subdivide the property. It would also provide smaller home sites which are more in line with the market. Mr. Miller showed the zoning map form 1973. He showed a zoned R -1-A property. The reason this property was zoned differently was because of the lot size. These were larger tracts of land that were purchased by Palm Beach County in 1980. There has not been much activity to develop property in this area. Mr. Miller said the City has annexed a couple of PUD's. The area has remained the same since 1976. The client has a right to build seven homes on the site. These lots are 84 feet wide. Mr. Miller indicated rezoning to R-1 -A would increase the number of units by one lot. He said it also reduces the size of the lot to 73 feet for those eight lots. This would be a great addition to the south end of the County. Mr. Miller stated the application proposed to change the R -1 -AA to R -1-A. Mr. Miller indicated there was no recommendation from the Planning and Development Board. There were some things that were said that was a little disconcerting. There was some gopher tortoise which was found in the area. His client fully intends to relocate the gopher tortoise. The clients are animal lovers, and do not want to violate the law from the Florida Fish and Wildlife Commission. He indicated there were 24 active burrows; the actual number of gopher tortoises was unknown. He stated this property was a privately owned property; it was not part of the scrub. This was a good plan more in line with the R-1 -A zoned district. Mr. Miller stated his client recognizes there was an environmental concern. He was committed to comply with the Fish and Wildlife Commission in relocating the tortoises. His client would also provide a fence and a hedge along the property edge. There was an existing fence which runs along the north and the east part of the site which was part of the scrub area. This fence was placed by Palm Beach County. He indicated during construction there will be fencing around the area to control the construction activity. There was concern of burning activity. The City Fire rescue asked if his client would entertain a control burn. They are committed to not doing a controlled burn. Mr. Miller said to show his clients commitment; asked if there was a mechanism through the permitting process to contribute another $1000 per lot through the Parks and Recreation impact fee process to help address those environmental concerns. Commissioner Casello inquired why was it zoned R -1 -AA and everything below that was R -1-A. Mr. Miller stated the zoning map from 1976 provided the answer. Where the lot size below the line did not comply with the R -1-A. Those two lots were 2.4 acre. They were joined in with the R -1 -AA. 14 Meeting Minutes City Commission Boynton Beach, Florida December 19, 2017 Commissioner Casello asked if it was going to decrease the size of the lot. This would add one extra single family homes. Mr. Miller replied yes. The homes would be on a smaller lot. Vice Mayor Katz stated if the Commission denied the application, the result would be the one extra home would not be built. Commissioner McCray asked how many letters was sent out. Mr. Miller noted there were letters sent out within 400 feet, and there was a sign posted on the property. He stated he did not have the number of letters sent out. Andrew Mack, Director of Development, indicated by looking at the map it, he could assume about 150 letters were sent out. He stated he did not have the list. Commissioner Romelus asked if his client would add a barrier in addition to what has been provided by the County. This would prevent animals from leaving the Scrub and coming on to the developed property. Mr. Miller stated that was something that he was sure could be done. He would need to go through the permitting process. If it helps to place a fence next to the existing fence, they were willing to accommodate the City. Commissioner Romelus inquired if it was adequate enough fencing to prevent the animals from burrowing into the property. Mr. Miller indicated he does not know if that fence goes into the ground. He would entertain putting in a fence; he does not want to jeopardize the Fish and Wildlife Commission. Commissioner Romelus was not aware of what the Fish and Wildlife would do. Mr. Miller said his client would comply with any requirements of the Florida Fish and Wildlife. Commissioner McCray stated this was not the first time gopher tortoise needed to be removed within the City of Boynton Beach. Mayor Grant asked what was the difference in cost between the seven buildings verus the eight buildings. Mr. Miller said the construction cost of the development itself would be the same; it would be the construction cost of developing one more home. Attorney Cherof swore in additional members of the public. Aldo Kosuch , 702 SW 35 Avenue, applicant, stated the overall cost would be similar. The idea would be to build a little bit smaller. He wanted a nice looking property. Mayor Grant asked if he was willing to limit to only eight homes. Mr. Miller indicated he was committed to keep it at 8 homes, whether it would be 71 or 73 lot size. 15 Meeting Minutes City Commission Boynton Beach, Florida December 19, 2017 Mayor Grant indicated his client was giving an additional $1000 to Parks and Recreation Department. Mr. Miller stated he does not know if there was an environmental component to this. Mayor Grant stated the City of Boynton Beach hired a Sustainability Coordinator who helps the City with environmental decisions. The Commission will have her make recommendation to where the money would be needed. Commissioner McCrary noted for clarification the $1000 was for each home. Mayor Grant opened Pubic Comments. Stephen Seto, 3404 SE 2nd Street, teacher at Plumosa School of the Arts, Palm Beach County School District, lives along the Preserve. He sees the scrub and the house which most have seen. Because of the elevation of the house he does not want to see two story homes. He does not want to see the trees replaced by cars and homes. This was a poor location for new houses. There was currently too much traffic. This was a county road. The main vein that connects Boynton Beach to Delray Beach downtown. One of the principles of this City was to make it inviting. This would not be part of that vision. The management plan contains the Searcrest Scrub; all living species have been documented in the plan. The owners were unwilling to sell it back. Mr. Seto showed a map of five houses, but the developers would squeeze 8 homes into that site. He said there would be garbage cans along Seacrest. Homes in this location would create crime. How would the fire trucks get down the street? If there was an emergency, maybe the entire scrub would be destroyed by fire. Mr. Seto showed pictures of the burrow, he said the tortoise was a priority. A species that are critically in peril should receive the highest level of care when possible and efforts should be made to increase the population. There are 10 other species in the Scrub area including reptiles, birds and the Cooper hawk. He said the area was beautiful. Having eight homes would completely destroy it. It was the last nature preserve. It was in between Boynton Beach and Delray Beach. It was a small remnant of the rarest nature forest. The Piney Wood forest recharges the underground aquifer. The scrub was on high land, it was about 30 and 40 feet above sea level. If you want to fence it, it does not matter the tortoise will go there. This was the last sanctuary. There was no more natural habitat left. Mr. Seto said there were houses in the neighborhood selling, but no one was buying. Putting more houses in will not help the community. The last home constructed in the area was 1970. He asked the Commission to reject the proposal. Mayor Grant indicated the builder can build without the approval of the Commission. Mr. Seto disagreed. The neighbors are all against it. He read "The City agrees that any real property immediately adjacent to the Seacrest Scrub shall be revised to the protection of the biological community on the preserve, and avoid adverse impact'; that was the interlocal agreement appendix E. 16 Meeting Minutes City Commission Boynton Beach, Florida December 19, 2017 Michal Rumpf, Planning & Zoning Director, the City of Boynton Beach was aware of the requirements of the City. This requirement was to notify the people in the area. He was here when the City decided to purchase the property. The City was happy; the property was listed in the City Comprehensive Plan. He does not interpret that as the property cannot be used. Mayor Grant inquired if we can purchase, it would be eminent domain. Mr. Rumpf stated it could be argued this could be taken as eminent domain. Mr. Rumpf stated eminent domain has not been exercised in years. Mayor Grant said there was not an R -1-A adjacent to the property. Would this be considered spot zoning? Mr. Rumpf indicated this would not be considered spot zoning. Mayor Grant requested clarification of why it would not be considered. Mr. Rumpf replied just because the land was not adjacent to the R -1 -AA zoning does not mean that it was spot zoning. Commissioner McCray inquired about the Environmental Protection Agency (EPA) letter addressed to the City. Mr. Rumpf stated he was not aware of a letter from the EPA. Commissioner McCray indicated he wanted to have some clarification of what was stated earlier. It was stated the Seacrest Scrub was the only one in the City of Boynton Beach; there was another scrub on the Northwest Scrub as well as the Galaxy Scrub in Boynton Beach. Mr. Rumpf indicated there was the Upland Habitats, Sand Piper Preserve in Quantum, Rosemary and Galaxy. Commissioner McCray asked if there was anything to prevent granting this developer his request. Mr. Rumpf relied no. Mayor Grant inquired if there anything requiring the City to prevent this rezoning. Mr. Rumpf stated there was not a requirement to approve the request. Mr. Seto said for the record "they are not required to build on the property". He stated it comes down to greed, selfishness. If was a lot more than just what was being read today. Mayor Grant noted the $1000 per lot payment for the Recreation and Park department would that suffice. Mr. Seto said no. Mayor Grant stated there was no amount would satisfy. Mr. Seto stated that they did not walk the land. Please leave the zoning or make it more restrictive or purchase the land. Commissioner Casello the structure that currently sits on the property was that occupied. Mr. Miller stated it was a rental. Commissioner Casello stated there were four different renters. Mr. Miller stated one of the renters was interested in buying the lots. 17 Meeting Minutes City Commission Boynton Beach, Florida December 19, 2017 Michelle Easey, 3504 SE 1 Street, lives adjacent to Ms. Law property. She has not received a letter. She has not received any official notification. Attorney Cherof asked if she was the property owner. Ms. Easey stated she was. Ms. Easey stated this actually directly affects her property. Commissioner McCray asked if there were letters returned. Michel Rumpf stated he does not have a list of the returned letters. He does not recall which property the returned letters were associated. Dr. Piotr Blass, 113 Tara Lakes Drive, wanted to say that Mr. Seto made a compelling case for protecting the property. He indicated it was unique and beautiful. He would be determined and maintain the beauty of Boynton. He said please do not mess with that. Mary Law, 3481 South Seacrest Boulevard read a letter in the minutes. (See attachment to the minutes) Susan Oyer, 140 SE 27 Way, contended the site has always been scrub, if you look at the neighborhood. It would exactly match up the property. This was never set up to be seven or eight homes. The one person that lives adjacent to the property was against this. How are you telling this person their quality of life should go down just to add a couple more houses that are not needed? This was spot zoning and everyone knows it. Lisa Saunders, 103 SE 34 Avenue, lives was directly south of Mary Law. The lots are not that small. Her lot was more than a 100 feet wide. The groper tortoise comes in her yard all the time. She does not see where a fire truck can turn around. She did not believe this was good for the neighborhood. There are plenty of homes on the market which no one was buying. Kevin Seto 3404 SE. 2nd Street, this proposal would have a harmful impact on the community. This street leads to a dead-end. This has already caused an issue for the Fire Department. These homes would be forced to park their cars on the street. A project like this does not solve the problem with overpopulation. The bigger issue was the construction of 8 homes being built on a 2 acre lot. Gopher tortoises are a keystone species. A keystone species was an organism that helps define an entire eco system. Without this keystone species, the eco system would be dynamically different or cease to exist all together. The gopher tortoise is seen as a keystone species because it digs burrows that provide shelter for at least 360 other animal species. They are threatened by predation and habitat destruction. He asked how this would impact our future, the safety and the well-being of the residents. These projects bring a high level of traffic and crime. The developers are greedy, they do not live here. They only want fast money. Mr. Seto indicated anyone voting for this rezoning would send a clear message to the community that the Commission do not care about the quality of life for the residents of Boynton Beach. He was proposing that the City of Boynton Beach restrict all proposals which encourage any construction activity on this site. He was proposing the City of CR Meeting Minutes City Commission Boynton Beach, Florida December 19, 2017 Boynton Beach purchase the land and return it to the scrub preserve. Doing this would set an example for this nation and the community we live in. Chris Montague 222 West Ocean Avenue, as a resident of Boynton Beach, was growing very bored with the lack of creativity. He acknowledged the environmentally sensitive area. He acknowledged the desire of the developer of the privately owned land. Mr. Montague indicated the City could rezone some space for developers. Commissioner Romelus indicated this would be spot zoning. Mr. Montague stated the only thing he was seeing were condos. Alan Dinnan, 309 SE 34 Avenue, has been in his home for 34 years. He says not much has happened down there as far as development goes. There were many PUD's, south of St. Joseph. Mr. Dinnan lives in Gulfstream Estates and indicated whatever was being built would impact his property value. The developers want to bring in smaller homes. The developers have not given the purchase price. He inquired about the flooding on Seacrest; the City of Boynton Beach has not solved that problem. He continued, whenever there was a decent rain storm the streets would flood. The water from the rain just sit on the grown until it was soaked up. He asked what the City was going to do about this problem. Richard Lewis, 314 SE 34 Avenue, also in Gulfstream Estate. He has gone through the scrub area. It seems that the City does not have a choice of whether or not to purchase the property. It was distressing to hear that NE 1 street would go to the new homes. Kalina Bonnell, 3504 SE 2nd Street, said the reason they purchased their home was because of the lot size. She believed what was happening in putting 8 homes on smaller lot size would decrease her home value. She wanted to know the value of the homes being constructed. She does not believe this reflects the area. Caitlyn Springer 3404 SE 2nd Street, noted she was a new resident of Florida. She was not aware of the natural landscape of Florida. Earlier Commissioner McCray mentioned there were other scrubs in Boynton Beach. She stated Rosemary Scrub was a very small scrub. She indicated how can you know for sure how the construction and the removal of the tortoise will affect the other species. As you know other species are counting on the gopher tortoise burrows. How do you know the developers are not going to destroy the burrows? This area was supposed to be a well -protected area. The developers do not know what they are doing. She was not sure if they are ready to move forward. Stephen Seto 3404 SE 2nd Street, stated this was scrub area. The gopher tortoises are not designed to be moved out of that area. He wanted to address the other scrub areas,- there reas;there are two other little small parks. Let's speak about the Galaxy Park. The Commission was already trying to get the School Board to release the restriction on the property. They have someone interested in putting 22 homes on the property. The 19 Meeting Minutes City Commission Boynton Beach, Florida December 19, 2017 other scrub was the Rosemary Scrub. Mr. Seto showed a map of the Rosemary Scrub it reads Western Union. Mr. Seto continued the developers do not need to encroach on the preserve. He said once it was gone it was gone. Aldo Kosuch, 702 SW 35th Avenue, respected everyone's opinion. There was a lot of misinformation given. The Commission has been told that there was no road. There would be a 50 feet wide road. He lives'/2 mile away from the scrub. He said this was not the Scrub. There would not be 20 trash cans on Seacrest Boulevard. He stated the City of Boynton Beach would not allow the development without a road and a proper turn around. The City has already approved this. He indicated the homes would be about 3500 square feet. Mr. Kosuch said as far as the number of trees, he would be required to place trees on the property. Commissioner McCray inquired if he walked through the scrub property. Mr. Kosuch stated he has walked the property many times; all of the burrows are not on the property. Regarding SE 1St Street a road cannot go through SE 1St Street. He does not own that piece of property. Commissioner Casello inquired of the Fire Chief if he felt this street was wide enough to get the trucks and other apparatus through in case of an emergency. Fire Chief Joseph indicated he could not answer the question. This would be addressed during the plan review process. This would be based on State regulations and City of Boynton Beach Ordinances. Attorney Cherof explained it was not answered because the only matter before the Commission was the application for rezoning. This was not a site plan review as Chief Joseph has testified when those types of issues can be addressed. Mr. Miller indicated when this was put together the City has a turnaround detail which was 50 feet by 50 feet for access. He took these plans to the staff to make sure the turnaround would be accommodated. The reason lot 6 which was at the top of the plan and lot 7 the brown area was shorter would be to accommodate the turnaround. The street being constructed was a 50 street right-of-way; 20 feet of pavement and curves on both sides. This was a typical detail of a City street. Commissioner Casello asked if the homes have driveways and garages. Mr. Miller stated they have garages and driveways. They have not gotten into the design of the property. He recognized the comments being made; the developers are not encroaching into the scrub. The developer was purposing to have lot size keeping with the area. Commissioner Romelus stated the Commission needs to be mindful and aware, this was private property. They have the right to build at most 7 homes on this property. It does not encroach or infringe upon the scrub. In addition she asked about the Public Works and fire trucks to travel through this neighborhood. This concern was clear as well. The developers have done its due diligence to insure any concerns were 20 Meeting Minutes City Commission Boynton Beach, Florida December 19, 2017 addressed. In addition they are working with the Florida Fish and Wildlife Commission to relocate the gopher tortoises that are on the property. She believes this developer was working from a place of willingness to actually do things the right way. They are working to follow the guidelines and the protocol. Regardless of what the Commission decides to do they have a right to build on the property. Unless the Commission decides to purchase the property. The point needs to be made clear they have the right to build on the property. Vice Mayor Katz stated the ultimate desire was that nothing gets done. The choice was what was legally permissible. The City was not going to purchase the land. There was no land the City has which was comparable in value. Private property owners have the legal right to build on their property. If this property could have been acquired for the scrub, it should have been acquired at that time. The legal question was would the Commission allow the developer to build one additional house. They have done their due diligence with regards to the streets are in accord with safety standards. He said the threat to the gopher tortoise was not unique. This was not the first time the tortoises have been relocated. In regard with the question to ensure the safe relocation, he was sure they would follow state mandated rules. He cannot oppose someone's property rights. The decision was for one additional house. Attorney Cherof stated there was a Scriver spelling error in the title. Mayor Grant stated the item on the agenda was correct. (7:51 Romelus left the dais, 7:56 returned) Mayor Grant asked for a motion. Motion Commissioner Casello moved to approve. Vice Mayor Katz seconded the motion. City Clerk Pyle called the roll. Vote The vote was 4-1. (Mayor Grant dissenting) B. PROPOSED ORDINANCE NO. 17-036- SECOND READING - Approved Ocean Breeze East Rezoning (REZN 18-002) from MU -1_2 (Mixed Use 2 District) to support the conveyance of CRA -owned land for a mixed-use development on 4.39 acres in the Heart of Boynton District. Applicant: City -initiated Attorney Cherof read Proposed Ordinance No. 17-036 by title only on Second Reading. 21 Meeting Minutes City Commission Boynton Beach, Florida December 19, 2017 Commissioner McCray indicated he was happy to see this coming to fruition. This was long waited. Mayor Grant asked for a motion. Motion Commissioner McCray moved to approve. Vice Mayor Katz seconded the motion. City Clerk Pyle called the roll. Vote The vote was 5-0. C. Approve Soleil Early Learning Academy Conditional Use and Major Site Plan Modification (COUS 18-001 / MSPM 18-001) for the conversion of a one-story, 2,659 square foot office building to a day care facility including related site improvements, located at 201 SW 23rd Avenue / Golf Road in the C-1 (Office Professional) zoning district. Applicant Cristine Thibodeau. Attorney Cherof swore in witnesses. Cristine Thibodeau, 201 SW 23 Avenue, was proposing to have a daycare facility. She indicated for the past few years she has had great success in her home daycare. She has a waiting list. The families on her waiting list want a small capacity of children per room and individualize care. They want a small teacher per child ratio. Most daycare facility in the Boynton Beach area has only a few openings or no openings at all. With this being said, there was a great demand for quality child care in Boynton Beach. Francis DiGiovanni, 378 North Lake Boulevard, in searching for a building the client found a vacant building located at 201 SW 23 Avenue. Prior to the previous tenant a daycare was making use of the building, which would allow the daycare to move in with minimum improvements. There would be improvement such as an ingress window and replacing the chain-link fence with vinyl. He contacted the City of Boynton Beach Building Department and has complied with all Building Codes. He stated this was the next step in the process. Commissioner McCray asked if there was a video to be introduced. Mr. DiGiovanni showed the site and the floor plan that was existing. There would be playgrounds in the rear with a 6 foot fence wrapped around the building. Showed the rooms for the children. Mr. DiGiovanni stated after speaking with staff an egress be put in each room. 22 Meeting Minutes City Commission Boynton Beach, Florida December 19, 2017 Commissioner McCray inquired if there was a picture of the existing building. Mr. Di Giovanni stated they had the elevation. (Commissioner McCray looked at the picture on Mr. DiGiovann's telephone) Ms. Thibodeau indicated it was previously a daycare from 1970 to 2016 and then it was a rehabilitation center for the past year. Commissioner Casello said the building had a fence wrapped around the building. Mr.DiGiovanni indicated on the back side of the property adjacent to residential and the north side there is a 6 foot wide concrete wall, on the south side adjacent to 23rd street and the SE corner would be a vinyl 6 foot fence. We have trees and hedge as a sound barrier. Commissioner Casello inquired about how many children, teachers and the normal operating hours. Ms. Thibodeau indicated 44 was the estimated capacity. There would be 6 or 7 teachers. This would be 6 days per week, Monday thru Friday. Offering extra care on Saturday, she would also offer Parents nights off on Saturday evening from 5-9 pm. Instead of using a baby sitter they can use the school. The normal operating hours are from 7:00 a.m. to pm 6:00 p.m., evening care from 6:00 p.m. to 7:00 p.m. Commissioner McCray wanted to know about the traffic and if there was some type of safety component built in. Mr. Digiovanni indicated they could install some parking bollards. Commissioner McCray Indicated he was in favor of bollards. Mayor Grants asked if the parking meet the requirements. He sees some locations are going to be double parked. Mr. DiGiovanni indicated the parking was established earlier. However the cars that are up against the wheel stop won't go anywhere until after the school was closed. Attorney Cherof inquired if the applicant was amenable to the eight conditions of approval. Mr. DiGiovanni indicated they were in approval. Commissioner Romelus asked if there were provisions in place for the safety of the children in terms of cameras to make parents feel safe. Mr. DiGiovanni noted they have 6 cameras around the perimeters and a 4 feet fence separating the younger children. Commissioner Romelus indicated the six feet was around the perimeter of the building. Mr. DiGiovanni agreed, so the children would not be seen from the street. Mayor Grant opened to Public Comments. Stephen Grederson, 178 Lake Monterey Circle, his kids has been with Ms. Cristy for about 2 years. He has been here for 2.5 hours which should show how he feel about Ms. Cristy. 23 Meeting Minutes City Commission Boynton Beach, Florida Motion December 19, 2017 Commissioner Romelus moved to approve. Commissioner McCray seconded the motion. Vote The motion passed unanimously. D. Approve High Ridge Country Club Major Site Plan Modification (MSPM 17- 009) to construct a new one-story, 54,500 square foot clubhouse building, gatehouse, and related site improvements, at 2400 Hypoluxo Road in the Recreation (REC) zoning district. Applicant: Donaldson Hearing, Cotleur & Hearing Attorney Cherof swore in witnesses. Nicole Plunkett, Landscape Architect with Cotleur & Hearing, presented the request for High Ridge Country Club Major Site Plan Modification. The applicants are purposing to demolish, replace the clubhouse and add a new guard gate at the entrance. The location of the High Ridge Country Club sits on 174 acres. There are no residential homes on the property. There was an 18 hole golf course. There are 265 members. On April 2nd the members voted in favor of replacing the clubhouse. Replacing existing 49,400 square feet clubhouse and the purposed clubhouse. High Ridge was planning to phase the construction. During the planning and development there was a resident that lived directly to the north west of the property. They had asked for additional buffering. Management have met with the resident and they have already planned Arica palms along the buffer. Ms. Plunkett indicated the original clubhouse was built in the early 1980. Many of the Clubs are upgrading. When it comes to the landscaping there are many beautiful trees on the property. Ms. Plunkett showed the floor plans of the clubhouse. There would be cast, stone and stucco. She indicated the building would be one story. The building would meet the maximum height requirements. High Ridge does not have a gate at this point. Having a gate would help with the circulation of the incoming traffic. In regards to parking, with the increase in the difference would be increased by 5000 square feet. There was a requirement of 25 extra spaces. The applicant was adding an additional 61 spaces. High Ridge was not adding any additional golf holes or amenities or members. Commissioner Casello indicated he wanted to view the property and he was quickly escorted off the property. Commissioner Casello inquired about the 55,000 square feet clubhouse with only 265 members. 24 Meeting Minutes City Commission Boynton Beach, Florida December 19, 2017 Lawrence Zabik, Project Manager for High Ridge, indicated they were going to offer the traditional amenity of the South Florida Country Club, some entertainment, as well as golf club and fine dining. Commissioner Casello asked if High Ridge gave anything back to the community. Ryan Artim, 127 Black Olive Cres, replied they give to the City. They have a federation day. High Ridge also donates to the Jewish Federation. He knows that they do other things. Commissioner Casello inquired as to the membership fee. Mr. Artim stated the membership fee was about $32,000 yearly. Commissioner Casello noted on Miner Road there has been a lot of tree damage. He wanted to know what was being done to take care of the downed trees. Mr. Artim stated he was not aware of any damage. He stated after the hurricane they cleaned up about 300 trees. Commissioner Casello stated this would be a condition of approval. The trees have not been cleared from Miner Road. Mr. Artim indicated he would look into this. Agreed to the condition of approval. Chief Joseph indicated the High Ridge Country Club makes a donation to the Fire Department every year. Last year they helped purchase the Fire Boat which was used for emergencies. Commissioner McCray indicated Commissioner Casello was asked to leave, who is the contact to review the property. Mr. Zabik stated they employ private security as well as Boynton Beach Police officers. He could call Ryan or Mr. Zabik Mayor Grant stated that the Public Arts Administrator has stated there was an exemption. The ordinance read remodeling repair, made after October 5, 2005 located within an existing private residential development. He said this was part of the residential development. Mr. Zabik indicated he could not say. It was the Public Arts Commission decision. It was made based on the Hunter Run exemptions. Mayor Grant asked if the Public Art administrator's opinion was binding on the City. Attorney Cherof stated he would need to look into this. Mayor Grant asked the applicant if they would be willing to pay the 1 % art tax that most of the other developers was paying? 25 Meeting Minutes City Commission Boynton Beach, Florida December 19, 2017 Mr. Zabik stated legal would have to weigh in on this. Mayor Grant stated he was asking if legal was not weighing in on the option. If they would like to do something for this type of development. Mr. Zabik indicated he could take it back to the owners. Stated they had a long discussion with staff. As they looked at their option was to renovate the club, which would not have generated any additional art fees. We closely looked at the ordinance based upon the way it was written and the review by staff it was considered exempt. Mayor Grant indicated he disagreed, because the Club was not a residential development. Commissioner Romelus said if this Public Art fee was required who would be seeing this art? Mayor Grant indicated he was saying there was not an exemption; they could have the public art that was not available to the public. He does not see that there was an exemption available. Commissioner McCray said his opinion was to wait for legal for an opinion. Major Grant indicated he has no problem approving this, he wants legal opinion if 16-02 applies. Attorney Cherof stated if it turns out if it was applicable the City will deal with it then. Commissioner Casello also wanted to make as a condition of approval the clear up the property on Miner road of downed trees. Mr. Zabik indicated this item would not come back to the Commission. Attorney Cherof stated that would be a condition of approval. If the applicant does not agree with the condition then there would not be an approval. Motion Commissioner McCray moved to approved with the conditions stated. Commissioner Romelus seconded the motion. Vote The motion passed unanimously. Mayor Grant offered a motion to recess. 26 Meeting Minutes City Commission Boynton Beach, Florida Motion December 19, 2017 Commissioner McCray moved to approve. Vice Mayor Katz seconded the motion. Vote The motion passed unanimously. 10. CITY MANAGER'S REPORT - None 11. UNFINISHED BUSINESS - None Major Grant reconvened the regular Commission meeting at 9:48 p.m. 12. NEW BUSINESS A. PROPOSED RESOLUTION NO. R17-128 - Approve and ratify the Collective Bargaining Agreement between the SEIU Florida Public Services Union, CTW, CLC Blue Collar Unit and the City. Motion Commissioner Casello moved to approve. Commissioner McCray seconded the motion. Vote The motion passed unanimously. Lori LaVerriere, City Manager wanted to give kudus to Julie Oldbury for doing a fine job during the Union process. It was very telling when unions ratified their contracts at 98% and 100%. Her team did a great job getting these contracts ratified. Julie Oldbury, Director of Human Resources and Risk Management, wanted to publicly thank the SEIU and the SCIU organization. She indicated every time a contract was opened in its entirety it was a big undertaking on both sides. The Unions exhibited passion, professionalism. It was a true partnership. PROPOSED RESOLUTION NO. R17-129 - Approve and ratify the Collective Bargaining Agreement between the SEIU Florida Public Services Union, CTW, CLC White Collar Unit and the City. Motion Commissioner McCray moved to approve. Commissioner Romelus seconded the motion. 27 Meeting Minutes City Commission Boynton Beach, Florida Vote The motion passed unanimously. December 19, 2017 B. PROPOSED RESOLUTION NO. R17-130 -Approve the Pilot Agreement for Automatic License Plate Recognition System Solution Services with American Traffic Solutions, Inc. (ATS) and authorize the Mayor to sign the agreement. Motion Vice Mayor Katz moved to approve. Commissioner McCray seconded the motion. Vote 4- 1 (Commissioner Romelus dissenting) Commissioner McCray inquired as to where would these be located. Would they be located where the red light cameras are presently? Sergeant Phil Hawkins Boynton Beach Police Department, Traffic unit, stated that was an option. He indicated they do not need to be placed where the red light cameras are presently. Ms. LaVerriere indicated from a security standpoint the exact locations have not been determined. Commissioner McCray asked how many was being voted on. Ms. LaVerriere indicates there are 23 new automated license plate readers. There will be locations without cameras. Indicated Sergeant Hawkins has been working with Jeff Livergood and ATS in locating sites for the license readers. Commissioner Casello stated all 23 will be disbursed in the entire city. Sergeant Hawkins stated yes. Commissioner McCray stated there are many people who do not agree, but he felt the license plate reader are needed. Commissioner Casello stated now the City has license plate readers. He said there are machines that give speeding tickets. Sergeant Hawkins replied this technology has been in existence for 20 years. In Arizona, DC, Maryland. Commissioner Casello said next month the Commission will have a report on the Red Light Cameras. C. Commissioner Casello requests approval for $1,000 of his Community Support Funds to be donated to the Boynton Beach Community Caring Center. Meeting Minutes City Commission Boynton Beach, Florida Motion December 19, 2017 Commissioner McCray moved to approve. Vice Mayor Katz seconded the motion. Vote The motion passed unanimously. D. Commissioner Casello requests approval for $1,000 of his Community Support Funds to be donated to the Kid-Preneur Camp. Motion Commissioner McCray moved to approve motion. Vote The motion passed unanimously. Commissioner Romelus seconded the Commissioner Casello explained this was a program that takes in young people and teaches them how to run a business. Commissioner McCray indicated it was like a business incubator. E. Review and action on Annual Performance Evaluation for the City Manager. Commissioner McCray thanked Ms. LaVerriere for doing a 360 degree turn around. He stated they had a discussion. They discussed personnel issues. This year she did a great job. Mayor Grant indicated the City Manager did a great job for Boynton Beach. He was very excited to work with this Commission on its first budget. Commissioner Casello said the City has a lot of moving parts; it takes a good manager to control all of the moving parts. She was like the Tom Brady of managers. He would like a discussion on compensation. Commissioner Romelus noted she believes she was fantastic City Manager. She has created a succession plan. Employees have a future to look forward to. Having the ability to be promoted within the ranks, for those who are committed to the betterment of the City was now available. 29 Meeting Minutes City Commission Boynton Beach, Florida December 19, 2017 Vice Mayor Katz said she was a professional. He indicated as a teacher she uses good judgement and thanked her for her continued service. Commissioner McCray stated she does not get into the politics. Commissioner Casello asked Julie Oldbury about the City Manager of Delray and the compensation. He also wanted to know the population. Ms. Oldbury indicated the salary for the City Manager was $235,000 and the population was 61381. Commissioner Casello said it has been his experience depending on the City Manager for so many things. He would like to bring that level up to where it was compatible. He would like to have an increase of 10%. Ms. Oldbury indicated Ms. LaVerriere current salary was $182,120 to add 10% would put her at $200,332. Mayor Grant stated there was other items of the contract as well. He was not in agreement with 10%, he was in favor of 5% percent increase in salary and 5% in the pension. Ms. Oldbury stated the IRS catch up amount would be $9,200 Commissioner McCray, since the City has a step plan which the Commission implemented, we need to look at the budget. Remember the Town Square project. When you have a group of people which have been given a 2.75% increase then you give the City manager a 10 % raise the Commission needs to think about the other City employees. Vice Mayor Katz said on behalf of Commissioner Casello he believed the compensation was lagging. He worried that the City Manager may not be around. He was in favor of 5 % and market rate, it becomes a financial decision. He was in favor of the increase. Mayor Grant was consistent was the maximum allowable IRS rate. Ms. Oldbury stated the 5% would be $9,106 for a total $191,226 the difference in the 457B to bring it up to the IRS allowable $9, 202 into the account to bring it up to the max allowable. The total increase to the base salary and to the pension was $18,308 Ms. LaVerriere thanked the Commission and her staff. Commissioner McCray indicated whenever Ms. LaVerriere attends an outside meeting if she would give an update to the Commission. Motion Vice Major moved to approve. Commissioner McCray seconded the motion. -ere Meeting Minutes City Commission Boynton Beach, Florida December 19, 2017 Vote The motion passed unanimously. F. CRA and the Florida Housing Finance Corporation. Michael Simon, Executive Director, CRA, stated this item before the Commission was a form that was one of many forms which Centennial Management needed for the 9% low income tax credit. This was the local government portion. The CRA Board approved, this would come back at the January 18, 2018 meeting. The approval tonight gives the Mayor the ability to sign the agreement. Motion Commissioner McCray moved to approve. Vice Mayor Katz seconded the motion. Vote The motion passed unanimously. 13. LEGAL — None A. PROPOSED ORDINANCE NO. 17-038 - FIRST READING - Approve Front Porch Setbacks (CDRV 17-008) - Amending the LAND DEVELOPMENT REGULATIONS, Chapter 3. Zoning, Article 5. Supplemental Regulations, Section 3.13, to increase the magnitude of encroachment of front porches into the building setbacks. Attorney Cherof read Proposed Ordinance no. 17-038 on first reading. Mayor Grant asked for clarification of the Ordinance. Mike Rumpf, Planning and Zoning Director, stated for many years the City has allowed some minor overhang in the setbacks. The zoning code was filled with exceptions. There have been various lots within Leisureville development that had front porch slabs and now they would like to cover those to make them more usable. This amendment increases the encroachment of the overhang or covered porch. This would increase the encroachment from 3 feet to 10 feet, with some additional rules. Overhang cannot be less than 15 feet of setback from the property boundary. This would apply to the rear yard as well. Mayor Grant stated the single family homes could now have a 10 foot front porch. Mr. Rumpf replied covered only not enclosed. Mayor Grant stated covered includes screening. Mr. Rumpf stated it would not. If you roof it then it must comply with the building setback. 31 Meeting Minutes City Commission Boynton Beach, Florida December 19, 2017 Commissioner McCray asked if this would mean properties in Leisureville would be grandfathered in. Mr. Rumpf stated it will change the rules to allow them to cover porches which they would normally not allow where the slabs currently exist. Commissioner McCray asked if this was ok with the association. Mr. Rumpf stated they were in support of this. Mayor Grant asked for a motion. Motion Commissioner Casello moved to approve. Commissioner McCray seconded the motion. City Clerk Pyle called the roll. Vote The motion passed 5-0. B. PROPOSED ORDINANCE NO. 17-034 - SECOND READING - PUBLIC HEARING - Adopt the Boynton Beach Administrative Amendments to the 6th Edition (2017) of the Florida Building Code. Attorney Cherof read Proposed Ordinance no. 17-034 on the second reading. Motion Vice Mayor Katz moved to approve. Commissioner McCrary seconded the motion. City Clerk Pyle called the roll. Vote The motion passed 5-0. C. PROPOSED ORDINANCE NO. 17-035 - SECOND READING - PUBLIC HEARING - Approve the change in qualifying dates for candidates in upcoming municipal elections. Attorney Cherof read Proposed Ordinance no. 17-035 on the second reading. Commissioner McCrary inquired if the City could do anything about the change in the qualifying dates. 32 Meeting Minutes City Commission Boynton Beach, Florida December 19, 2017 Motion Commissioner Casello moved to approve. Vice Mayor Katz seconded the motion. City Clerk Pyle called the roll. Vote The motion passed 5-0. Mayor Grant indicated he would like to speak about the Advisory Boards. Asked if the Commission only asking if people have a social media account and if so put it on the application? Or do we want to create a future agenda item to discuss the Advisory Boards. Commissioner McCray said the Commission needed to let some dust settle before they jump on this. From what he heard tonight the City will scare people off from serving on an advisory board. He said the City cannot get residences to serve now. He said the Commission was allowing one or two people from outside of Boynton Beach to tell us how to run our advisory boards. He indicated we needed to wait awhile. Commissioner Casello stated the issue he had tonight was he appointed this individual to the board. How do you vet this? He did not have a clue. This was the first time since he has sat here that he has experienced this. This was not the norm. Mayor Grant asked how the Commission can get more people to apply. Commissioner Casello stated he does not need to make it harder to get on the board. He thinks that we should continue on the same road. Mayor Grant asked about the people that were voted down. Commissioner Casello stated they were collateral damage. Commissioner Romelus added she was not acting from a moment of emotion. She was acting from a moment of rational thought. What she proposed was that on the application for board members when they apply for the City they provide their social media accounts. This was an option to add to the application. The Commission would have the opportunity to look into that person's profile. If you as the Commissioner choose not to do that, this would be your decision. But again we as a City cannot appoint someone who so blatantly expressed their views. They are making an advisory recommendation and act upon it. The Commission have a duty to protect our citizens from those people who feel like they have the right to infringe on another person's rights. Let's just add that as another line item to the application. They can provide that information. 33 Meeting Minutes City Commission Boynton Beach, Florida December 19, 2017 Mayor Grant thought since the Commission ask for the address and telephone number he does not see it as being intrusive. Commissioner McCray said he does not feel that we place that on the Commissioner. The Commission was held at a higher standard. Vice Mayor Katz believes this whole thing was ridiculous. It was spawned from an earnest concern and it has turned into a freak show. If we hold ourselves to the same standard all five of us would need to resign. He believes this was what happens when political pandering in naked politics is at its worst. We have sat here for weeks and again tonight going over the same thing. He is a lifelong Democrat called a Trumpist. A lifelong educator to be told he was a terrible teacher. To be called a racist. This was not rational. This has evolved into the absurdity. This should have never happened. For weeks we have endured negative press because of one random person said some things that should not have been said. She was now gone. He requested her resignation. He stated we are voting on license plate readers. We are going to have staff monitor the social media accounts. Now we are sitting here to consider it at the first person perspective was unbelievable. Commissioner Romelus said this has nothing to do with the Vice Mayor. This was about access. We ask for their name, their address, and social media account. As an individual who are responsible for the welfare of our citizens it was one little step. She believes this was not too difficult to ask anyone to have their social media link. Commissioner Casello how do we monitor them. Are we going to be friends with the applicants. Mayor Grant noted Ms. DiCorrado's views were not private, they were public. Asking for the Twitter name or Facebook name. If they keep their Facebook public, then we should be able to look at their account. Having this line was easy to add. Some members may not have a social media account. Ms. DiCorrado participated in the Unity in the Community. Having an extra line for public media would make sense. He would like to request a motion we could have those three thing on the advisory board application, so that those people could reapply. Cathy McDeavitt has been on the Employee Pension Board for years. He asked, are we going to give her a certificate then say we have decided it was not a good time for her to be on the board. Commissioner Casello asked are we are going to ask for her social media page, to check on her and monitor her. Commissioner Romelus indicated they were asking for transparency, as people who are going to represent our City. It was not a bad thing to ask. Mayor Grant was asking if she would not be allowed to be on the board again, unless someone made a motion for reconsideration. 34 Meeting Minutes City Commission Boynton Beach, Florida December 19, 2017 Commissioner McCray stated the Commission has the ethical rules that govern us as elected officials. We are going too far to ask the applicants to put their social media account. Commissioner Casello asked when the City hires people do we ask for their social media account. Ms. LaVerriere stated they have a background check; the City does its due diligence. Commissioner Romelus stated they have a background check. This was way more intense. Vice Mayor Katz stated if Commissioner Casello and Commissioner McCray are not in favor of adding the social media line to the application this would put this issue to bed. Mayor Grant asked for public comment. Barbara Ready, 329 SW 13 Avenue, has been a volunteer and served on three different boards. She would like to urge to have those three applicants reapply. You are dealing with volunteers. There was no shame in removing any volunteer from the board. She has seen that done before. She does not want it to evolve into a political fight. Vice Mayor Katz said the thrust of removal was deemed offensive. She was removed because she spoke in an offensive manner. For political or personal reasons, all of this was beyond absurd. He lacks words to describe it. Commissioner Romelus stated a lot of people took offense to what this individual said. Please do not call it absurd. Mark Karageorge, said there was a time the City was going to appoint a new CRA board. Every one of them was an unpaid volunteer; you have the right to vet. Commissioner Romelus does speak to the people before she appoints. The Commission has the right to remove people from the board. She did the right thing and resigned. The person participated in Unity Days. Dr. Piotr Blass, 113 Tara Lake Drive, stated it seems to add this question about social media was perfectly reasonable and not controversial. The City must make sure these current conflicts do not interfere with the real work of the City. The work of the City was to improve economic conditions, social conditions and perhaps create a sanctuary place. He was afraid the argument all the time and we would not accomplish the work we need to do. So please let's cut it down. Mayor Grant asked for a motion for reconsideration for all volunteer applicants that was denied. 35 Meeting Minutes City Commission Boynton Beach, Florida Motion December 19, 2017 Vice Mayor Katz moved for reconsideration of all applicants that were denied. Commissioner Casello seconded the motion. Vote The motion passed unanimously 14. FUTURE AGENDA ITEMS A. Quarterly report on red light camera program (Oct 2017 -Dec 2017) - January 2018 B. Quarterly report on gov't surtax fund (Oct 2017 -Dec 2017) - January 2018 C. Staff to bring information concerning the following land parcels for the Commission to review - TBD Nichols Property Rolling Green Girl Scout Park D. Staff to review PBC Ordinance on Panhandlers - TBD E. Mayor Grant has requested staff to review sign ordinance as it relates to people holding signs in public rights of ways — TBD F. PROPOSED ORDINANCE NO. 17-021 - SECOND READING - Approve Town Square Future Land Use Map Amendment from Public and Private Governmental/Institutional (PPGI) and High Density Residential (HDR) to Mixed Use Medium (MXM) and rezone from PU Public Usage, REC Recreation and R-3 Multifamily to MU -3 Mixed Use 3 zoning district. City -initiated. (First Reading approved 8/15, Second Reading to coincide with approval of the Master Plan) PROPOSED ORDINANCE NO. 17-022 - SECOND READING - Amending Ordinance 02-013 to Rezone a Parcel of Land Described Herein and Commonly Referred to as Town Square From Public Usage (Pu); Recreation (Rec) And Multifamily (R-3) to Mixed Use 3 (Mu -3). (First Reading approved 8/15, Second Reading to coincide with approval of the Master Plan) G. Vice Mayor Katz asked for discussion on "Certificate of Illegal Immigration Cooperation." 36 Meeting Minutes City Commission Boynton Beach, Florida 15. Adjournment Motion December 19, 2017 There being no further business to discuss, Commissioner Casello moved to adjourn. Vice Mayor Katz seconded the motion. Vote The motion unanimously passed. The meeting was adjourned at 10:38 p.m. (Continued on next page) 37 Meeting Minutes City Commission Boynton Beach, Florida Vi MR mmissio-ner - December 19, 2017 Co missi i(Tristina Romelus Co I missioner - Joe Casello ATTEST Judith A. Pyle, CMC City/ Clerk �96eenester Nieves Deputy City Clerk December 19, 2017 To the City Commission: I am the neighbor south and adjacent to this property which is being presented tonight to be rezoned from R-1-AA to R-1-A. I am also zoned R-1-AA. I have lived on this property for probably 40 years and when this 3479 site was vacant. In 1977 I watched Leo Rost,a writer, build the existing house for his family. He kept the east side of his property vacant: it contained beautiful scrub plants,gopher turtles, possums, raccoons and foxes. He and his wife, Margo,enjoyed watching the gopher turtles and foxes outside their kitchen window while. they ate their dinner. None of us tried to treat the animals as pets as especially the gopher turtles are a protected species.This was their land before we moved onto it so we gave them their space. Margo's first husband,an artist,created much art work in the form of statutes and placed them in the pool area and in the front yard. For many years this house was well known as the house on Seacrest Blvd.with the football player in the front yard. All of us on both of these properties never felt confined because we had so much open space which helped to create clean air and interestingly enough cool air. Now the new owners are attempting to end this open space with 8 or buildings and turn it into a mostly asphalt and concrete area. I had always thought that when the Rost family no longer wanted this property that it would be sold for an artist retreat and studio, or to an environmental group,or The Seacrest Scrub, or St.Joseph's Church and School,to the City of Boynton Beach or to me.Well,that did not happen as none of these prospects could move as fast as the Rost children wanted.So that is the history of the property up until now. The zoning in this area (Chapel Hill,Seacrest Estates, prior to the Seacrest Scrub being purchased as an environmental sensitive site,the 3479 Rost site, and my 3481 site) has always been zoned R-1-AA which requires a larger lot than R-1-A which means more open space on the site being developed. In my opinion there is no reason to change the zoning as this is the zoning for the area and to change it would change the neighborhood and it will be considered spot zoning for you to do so. It will also create a concrete jungle next to The Seacrest Scrub which is Boynton's version of Central Park. If you decide that some type of development has to be on this 3479 site my recommendations are the following: 1. Make it conform to the green areas in the surrounding neighborhood. Respect the existing neighborhoods and request the developer use native plants so the yards need not be fertilized with chemicals that will harm our environment,the animals and the plants.This area has never been poisoned with yard chemicals which go directly through the sugar sand into our water system. 2. Require the developer plant scrub trees throughout the development in order to help replace the clean air and the coolness in the area that this property has been creating. 3. Require the developer install a fence between my property and their property in order to protect The Seacrest Scrub animals that come and go and to protect my property which contains over 50 mango trees,other plants and people living on it. Mary Law, 3481 S.Seacrest Blvd., Boynton Beach, FL 33435 Residential Solar In addition to utility -sized solar, small-scale residential solar also is expanding. But while the cost of rooftop solar panels has declined in recent years, many homeowners find that the installation process remains expensive and complicated. The League of Women Voters of Florida wants to bolster solar energy adoption by making buying easier. Last year, the organization joined with the national non-profit Solar United Neighbors to help homeowners form local solar purchasing cooperatives. The co-ops solicit competitive bids from local solar installers and use their collective buying power to obtain discounts on residential installations. Members sign their own contracts but benefit from the group's bulk discount and shared expertise, says Angela DeMonbreun, program director for Solar United Neighbors of Florida. Membership is free and carries no obligation to buy solar. So far, more than 3,400 people have joined nearly 20 solar co-ops statewide, DeMonbreun says. "It's still intimidating to navigate the whole process. But prices have come down, so the economics are right," she says. "We give homeowners the information they need to facilitate the process from beginning to end." Meanwhile, the city of 22 NOVEMBER 2017 FLORIDATREND.COM / Utilities estimate that a single megawatt of solar energy can power 150 to 200 homes. "The economics are right," says Angela DeMonbreun, program director for Solar United Neighbors of Florida. South Miami has taken an aggressive step to promote res*r_@al -*lar, requiring new homes to hale solar panels. Last summer, the city commission, led by South Miami Mayor Philip Stoddart a biology professor at Florid; International University, voted 4-1 to make solar power mandatory for all new residential construction. The law also applies to some home expansion and renovation projects. South Miami is the first Florida city — and the first U.S. city outside California – to pass such a requirement. The St. Petersburg City Cou cil dropped considerations c a similar similar ordinance in August after public outcry. 0 Last year, nearly 16,000 business and residential utility customers in Florida had solar systems, up from about 11,600 in 2015. photos: Solar United Neighbors of Florida top I MM 1:0 W, W � �.�s ��;�� -�s fir, w -a A I SO• I 900= ���� y\ \©2z�� < © � - »- � K ��� «%�� J� ?� �� © « .. � .� ,.: . : .. . . .� w w. � � w�� � � y� � � :w:«< we . . \�\\�.:� ��..�, \.. \��. \�, 2. \ . � §�� :. . . � � � . /� 2.� ° . � \ \� \ \/� \ �� §/� /�� \ �� \,� � � \ � �� \�� ?\?2\2� \/\ � ?� �\� y\�\\§ DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: High Ridge Country Club (MSPM 17-009) APPLICANT: Donaldson Hearing, Cotleur & Hearing APPLICANT'S ADDRESS: 1934 Commerce Lane, Suite 1, Jupiter, FL 33458 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 19, 2017 APPROVAL SOUGHT: Major site plan modification (MSPM 17-009) approval to construct a new one- story, 54,500 square foot clubhouse building, gatehouse, and related site improvements, located at 2400 Hypoluxo Road in the Recreation (REC) zoning district. LOCATION OF PROPERTY: 2400 Hypoluxo Road DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicaryf's request is hereby GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED:✓ �° Clerk S:\Planning\SHARED\WP\PROJECTS\High Ridge Country Club\MSPM 17-00900.doc EXHIBIT "C" Conditions of Approval Project Name: High Ridge Country Club File number: MSPM 17-009 Reference: 2nd review plans identified as a Maior Site Plan Modification with an October 17, 2017 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY I UTILITIES Comments: None, all previous comments addressed at DART meeting. FIRE Comments: None, all previous comments addressed at DART meeting. POLICE Comments: None, all previous comments addressed at DART meeting. BUILDING DIVISION Comments: None, all previous comments addressed at DART meeting. PARKS AND RECREATION Comments: None PLANNING AND ZONING Comments: 1. It is the applicant's responsibility to ensure that the application requests are publicly advertised in accordance with Ordinance 04- 007 and Ordinance 05-004 and an affidavit provided to the City Clerk. X 2. On the Photometric Plan, please provide details of the fixtures and poles, including size, color, materials, etc. X 3. Please place a note on the drawing that any downspouts must be internal to the building or encased within architectural elements, per Chapter 4, Article III, Section 3.H. X High Ridge Country Club (MSPM 17-009) Conditions of Approval Page 2 of 2 DEPARTMENTS INCLUDE REJECT 4. Applicants who wish to utilize City electronic media equipment for recommended PowerPoint presentations at the public hearings must notify the project manager in Planning and Zoning and submit a CD X of the presentation at least one week prior to the scheduled meeting. COMMUNITY REDEVELOPMENT AGENCY Comments: N/A PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 5. The applicant shall install, as part of the site improvements, additional landscaping along the west perimeter of the golf course X maintenance yard that will provide visual screening from the residents across the LWDD E-4 Canal within a one-year period. CITY COMMISSION CONDITIONS Comments: 6. The applicant shall be responsible for cleanup of tree debris on Miner Road along the Country Club property. X 7. The applicant shall be subject to the Art in Public Place ordinance, unless determined not to be applicable by the City Attorney. 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KEYAIAP N G z - ME PROMM01V DEWI 05,5ZE free Management Plan LEGEND Scale: V = SO' -O" North 13 coticum Hearing r.4 ..1 �, 2 R —T E TREE TABULAR DATA AFFECTED AREA ONLY) - I -i m I TREE PROTECTION DEMI mff oaohcnor+oe*�a iww r m¢ vnorecno. oen,n free Management Plan 13 Cotleur& Hearing ..2.2 Dosr- ;a. i 6`S ' DATUM=NAVD'88 ty .� ( rBXXs caunrs 1.1,( mlaMcowrs -- , CMI DESIGN. INC. /.an.r J '�� • Abe _ � �l ��j-om. awiA �\\�Is, • �I/ II Y r.Nw,.a� tm t I em. we 1 tiE i mtr.funwc IJ I. aareuml ----� �- r.•7 ( _ � I Iro�LwN .i ill � (� �+ Fi -k ;J•1 1 U o m i 1r I qr� � +"' CI � F , � � 9iagGE BLanPIO 'r\v near cc an Eat ILLOW TO Ix Ell / Fmr.�. C'am7 Iau�arsEl - m.•. re F' 1..crosvu is BE REMW® pffln ttft 77-1 f s _ II // DEMOLITION EROSION CONTROL PUN PE1.1 / �,,. � �y' rEiwscouars I ' TEN,KCOTUNTs ``��•,\ :,.nw i d: - t --,L j ^ 4� / EAST. EOLGING „J ` I 1 rl 1 l «�E EAsr FYI - Ilq � ' i •.0 ' r % 1 / j �r w� I r ENST.0 17, Nw.� tee, PROPOSED GG«DING b M• � Y F.FE-19W II SEE SHEET PE2.2 FOR ADDITIONAL DESIGN INFORMATION /Z CM NWEERIRG FUR PE2.1 ------------ 1 r 1 crvn.oE— slc�Ti�c; u y= w ..,cc .o Z �� i •. PE2.2 M � , "� J /Il �EgwEO•lilq �'3Ci / Z �� i •. PE2.2 SCHEMATIC DESIGN A A, A HIGH RIDGE COUNTRY C, CLUB NEW X CLUBHOUSE O K, L R K M B B a 13 Rt R, R. v p, mm eRu+x S WK Pq go c D Q � im F F, C R, R G, cl I m v QZ I Z N FIRST FLOOR PLAN SOUTH EXTERIOR ELEVATION - VIEW FROM GOLF COURSE r rarer TYPICAL NORTH -SOUTH SECTION THROUH MECHANICAL ROOF WELL pw-, . -In wms�ieus inion m. .. MATERIALS AND COLOR LEGEND Ro NORTH EXTERIOR ELEVATION - MAIN CLUBHOUSE ARRIVAL HIGH RIDGE COUNTRY CLUB --.=�->- NEW CLUBHOUSE _ nr pm Iyyp yyn b L _rNi� ! nil NO IE1llp0. EAST EXTERIOR ELEVATION - VIEW FROM LOTH TEE WEST EXTERIOR ELEVATION - VIEW FROM PRACTICE AREA ltMfRkiD9JH_LPk: SOUTH EXTERIOR ELEVATION - VIEW FROM GOLF COURSE r rarer TYPICAL NORTH -SOUTH SECTION THROUH MECHANICAL ROOF WELL pw-, . -In wms�ieus inion m. .. MATERIALS AND COLOR LEGEND 11 Coueur& Hearing