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Minutes 03-19-19MINUTES OF THE CITY COMMISSION MEETING HELD AT THE INTRACOASTAL PARK CLUBHOUSE 2240 N. FEDERAL HIGHWAY, BOYNTON BEACH, FLORIDA ON TUESDAY, MARCH 19, 2019, AT 6:30 P.M. Steven B. Grant, Mayor Christina Romelus, Vice Mayor (arrived 6:40 pm) Justin Katz, Commissioner Mack McCray, Commissioner Aimee Kelley, Commissioner 1. OPENINGS A. Call to Order Mayor Grant called the meeting to order at 6:32 p.m. Invocations Lori LaVerriere, City Manager James Cherof, City Attorney Judith Pyle, City Clerk Reverend Woodrow Hay gave an invocation, as well as Father Dan Fink, St. Mark Catholic Church. Pledge of Allegiance Pledge of Allegiance to the Flag led by Commissioner Amiee Kelley Roll Call City Clerk Pyle called the roll. All members were was present. Accept the Official Election Results from the March 12, 2019 Municipal Election. City Clerk Pyle announced the results of the municipal elections of March 12, 2019. City Clerk Pyle swore in members of Commission: Steven B. Grant as Mayor. Justin Katz as Commissioner District 1. Mayor Mack Bernard swore in Christina L. Romelus as Commissioner District III. City Clerk Pyle swore in Tyrone Penserga as Commissioner District IV. Presentation of Plaque to Aimee Kelley. Mayor Grant presented a Plaque to Commissioner Aimee Kelley for her Service to the City of Boynton Beach. Meeting Minutes City Commission Meeting Boynton Beach, Florida March 19, 2019 ........ ....... __ ......... _. Commissioner Kelley thanked the Commission for the opportunity to serve and appreciated the Commission's commitment to the City of Boynton Beach. Commissioner McCray thanked Commissioner Kelley for her service. Mayor Grant called for nominations for Vice Mayor. Motion Commissioner Romelus moved to appoint Commissioner Justin Katz as Vice Mayor. Commissioner McCray seconded the motion. Mayor Grant asked if Commissioner Katz was in agreement with the nomination. Commissioner Katz replied yes. Vote The motion unanimously passed. Clerk Pyle swore in Commissioner Justin Katz as Vice Mayor Agenda Approval: 1. Additions, Deletions, Corrections Mayor Grant requested to table items 8E and 12B to the April 2, 2019 meeting. Add item 3-B, Announcement of South Florida Police K-9 competition. Requested to move item 11- A and 11-B in front of the Consent Agenda. Mayor Grant requested a motion to table items 8E and 12B to the April 2, 2019 meeting. Motion Commissioner Romelus moved to approve. Commissioner McCray seconded the motion. Vote The motion unanimously passed. Mayor Grant requested to add item 3B to agenda, Announcement of South Florida Police K-9 Competition. Motion Commissioner Romelus moved to approve. Commissioner McCray seconded the motion. 2 Meeting Minutes City Commission Meeting Boynton Beach, Florida Vote The motion unanimously passed. Mayor Grant requested to move item 11 A before the Consent Agenda. Motion March 19, 2019 Commissioner Romelus moved to approve. Commissioner McCray seconded the motion. Mayor Grant requested to move 11-B before Consent Agenda Motion Vice Mayor Katz moved to approve. Commissioner Romelus seconded the motion. Vote 4-1 (Commissioner McCray dissenting) Commissioner Romelus requested to add item 11-D, Consideration of Removal of Advisory Board Member. Motion Commissioner Penserga moved to approve. Commissioner McCray seconded the motion. Vote 4-1 (Mayor Grant dissenting) 2. Adoption Motion Commissioner Romelus moved to approve the agenda as amended. Commissioner McCray seconded the motion. Vote The motion unanimously passed. 3 Meeting Minutes City Commission Meeting Boynton Beach, Florida M......................................................................... ..... _....... 2. OTHER A. Informational items by Members of the City Commission Commissioner Katz disclosed he met with Bradley Miller of Miller Land Planning. He thanked the voters for the validation of the past three years. It was an honor to serve the City of Boynton Beach. He was looking forward to serving the next three years with the City of Boynton. Commissioner McCray disclosed he met with Village of Golf Mayor Thomas Lynch and Christine Thrower, Village Manager of Golf. He congratulated all newly selected Commissioners. Commissioner McCray provided some advice to Commissioner Ty, that he was now a Commissioner 24/7. Commissioner Romelus thanked God and her family for their support and their endurance. Indicated this past campaign was very stressful. Thanked her mentor Mayor Mack Bernard who swore her in today and is an amazing friend and mentor. Unity is strength, for those who stood behind her in this campaign. She thanked staff for all their work. It was her honor to serve the City as their Commissioner. Commissioner Penserga disclosed he met with Bradley Miller of Miller Land Planning, discussing his concerns regarding County Trails. He thanked everyone who supported him in his campaign, including the Firefighters, Police and nurses for knocking on doors. He felt he ran a clean campaign and looked forward to serving all of Boynton Beach. Mayor Grant thanked his wife for her support, encouragement and love. He thanked all of those who supported him from the front end as well as the back end. He thanked his family and friends, the International Association of Firefighters, Fraternal Order of Police, Police Benevolent Association, Equality Florida, Palm Beach County Human Rights Council, and the Realtor Association of Palm Beach and Ft. Lauderdale. He appreciates all the support and the candidates that ran. When campaigning, his mission was to make Boynton Beach a better place. He was looking forward to being part of Boynton Beach centennial next year. He looks forward to growing the community. Mayor Grant noted on March 811 he attended the Veterans Association in Leisureville. March 9th attended the Hunger Walk with Community Caring Center of Palm Beach County. March loth attended the Leisureville Jubilee and participated in the parade. March 14th he attended the Love of Literary event. He disclosed he spoke with Jeremy Shear regarding Taco Bell. He attended the Schoolhouse event. March 16th attended the Blarney Bash sponsored by the City of Boynton Beach CRA. Spoke with Bradley Miller and had a discussion with PEACE. Commissioner Romelus noted she met with Bradley Miller of Miller Land Planning and spoke with members of Coastal Bay. She disclosed she met with individuals of PEACE. She thanked Commissioner Kelley for her service. 51 Meeting Minutes City Commission Meeting Boynton Beach, Florida March 19, 2019 ........ ..----... ......._ ___ .................... ----.- 3. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS A. Announce the 2019 Boynton Beach Firefighters Fishing Tournament & Chili Cook -off, Saturday April 6, 2019 at Boat Club Park 2010 N. Federal Highway Boynton Beach Florida By Chief Joseph. Christopher Lemieux, Firefighter, announced the 14th Annual Boynton Beach Firefighters Fishing Tournament & Chili Cook -off, on Saturday April 6, 2019 at the Boat Club Park 2010 N. Federal Highway Boynton Beach, Florida. They have a retired firefighter preparing pulled pork. Mr. Lemieux stated the event would serving beer this year. He noted as of March 19, 2019, they have 57 registered boats, and 8 chili teams. B. South Florida Police K-9 Competition Mayor Grant announced the South Florida Police K-9 Competition. This was a free event, with food, drinks, and raffle prizes. The event will take place March 23rd, 2019 at the Boynton Beach High School, from 2pm to 8pm. Police Chief Gregory invited everyone to come out and enjoy this event. Mayor Grant called for a recess. (7:14-7:24pm) 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) Susan Oyer, 140 E 27th Way, congratulated all elected to the board. Earth hour was March 30, 2019 from 8:30-9:30 pm. She encouraged everyone to turn off their lights. She read an article from the newspaper regarding development in Delray Beach and asked Boynton to listen to the people, not to the developers. Brenda Lee Williams 337 NE 24 Avenue, had spoken with Commissioner Romelus about a house that was abandoned, and how people where dumping trash outside the house. Mark Woods from Community Standards had the house cleaned up within two days. She wanted to come and thank Commissioner Romelus for being a person of her word. William Lee, 3208 Tuscany Way, expressed concern about safety at the intersection of S.E. 23rd and Federal Highway. The Palm Beach Post, considered this one of the most dangerous intersection, for the first quarter of 2018. He requested records from the police department regarding the number of red-light violations for S.E. 23,d and Federal Highway. There were 10,484 red-light violations. There are elderly people crossing the 5 Meeting Minutes City Commission Meeting Boynton Beach, Florida March 19, 2019 street as well as children going to school. The traffic study estimated 499 more cars each day. The Planning Board voted unanimously not to approve this project. Commissioner McCray stated two of those violations belong to him. Golene Gordon, 230 Lake Monetary Circle, offered congratulation to the Commission, Mayor Grant and everyone who won the election. Brian Daley 3218 Tuscany Way, strongly opposed the drive thru for the Taco Bell. Dr. Piotr Blass 113 Tarra Lakes West, announced he would be running for the United States Congress. He loves the City of Boynton Beach and noted the City of Boynton Beach should move forward with the public private partnership. He wants to get energy from the gulf stream. He has a plan for a very tall building. They have plans to reduce crime in the City to zero. He would be a strong voice for the City of Boynton Beach. Mayor Grant, seeing no one else coming forward, closed Public Audience. 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: Building Board of Adjustment and Appeals Education and Youth Advisory Board Historic Resources Preservation Board Library Board Recreation and Parks Senior Advisory Board Mayor Grant announced openings on each board. He indicated there were no applicants. (Item 11-A heard at this time) Item 11-A Approve the request of Vice Mayor Romelus to distribute $250 of her Community Support Funds to Scholar Career Coaching. Ms. Lynne Gassant will be present to make a brief 10 -minute presentation. (Tabled for the March 19, 2019) C Meeting Minutes City Commission Meeting Boynton Beach, Florida Motion March 19, 2019 ....................... _ Commissioner McCray moved to remove item from the table. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. Mayor Grant read item 11.A into the record. Lynne Gassant, Executive Director Scholar Career Coaching thanked Commissioner Romelus for the opportunity and the donation. She sits on the Education and Youth Advisory Board for the City of Boynton Beach. The program has mentored over 200 students and has awarded more than 22 scholarships. There are 41 students in college now, thanks to sponsorships and community involvement. Scholar Career Coaching collaborates with local high schools. Carl Decants thanked Ms. Gassant for providing an opportunity for this program. This program changed his life; he is now in his first year of college. Mayor Grant inquired about the next scheduled event. Ms. Gassant replied the next event was the fifth Annual Scholarship Awards Ceremony and Luncheon on Sunday, June 9, 2019, at Benevento Restaurant in Boynton Beach. The General Admission is $60. Motion Commissioner McCray moved to approved. Vice Mayor Katz seconded the motion. Vote The motion unanimously passed (Item 11-B heard at this time) Item 11-B PEACE Community ID program.(People Engaged in Active Community Efforts) Commissioner McCray disclosed he was a member of St. John Missionary Baptist Church and stated the Pastor requested members come out in support of this program. 7 Meeting Minutes City Commission Meeting Boynton Beach, Florida March 19, 2019 Jill Hanson, member of the Executive Board of PEACE, 100 North Palm Way, congratulated all the new members. Explained the Community ID of the Palm Beaches was a new program administered by the Legal Aid Society of Palm Beach County. It seeks to make Palm Beach safe, inclusive, and a welcoming place for all the residents. She provided a listing of people who may need an ID. This program mirrors the Faith Action program. The City of West Palm Beach was participating in the program and has allocated $40,000 to the program. Minister James Rory, St. John Missionary Baptist Church, member of PEACE, stated the City of West Palm Beach has allocated $40,000 to PEACE. They are here to request the City of Boynton Beach follow the City of West Palm Bach and have the City of Boynton Beach accept Community ID in the City, and allocate $15,000 to the ID program. She pointed out there are 58 members in attendance tonight. This issue was very important. Cheryl Lynch Bangler, First Congregation Church of Lake Worth, was homeless, now she is no longer homeless. Provided some information regarding another homeless people. The ID was a ticket off the streets. She asked the City of Boynton Beach take the steps to get the Community ID program established. Reverend Woodrow Hay, 427 NW 5th Avenue, Associate Minister at St. John Missionary Baptist Church and a member of PEACE, sees residents in Boynton Beach who need ID's. One of the challenges, which they face daily, was no form of legal ID. $15,000 is a small price to pay for City residents to feel included. The City of Boynton Beach is the third largest City in Palm Beach County. He implored the City to lead the way and set the example for other cities to follow. Vanessa Coe, Senior Attorney for Legal Aid Society embraced the idea of a Community ID program. Gloria Grosbie, 327 Boynton Beach Circle, advocates for the mental health of the community. She was responsible for 56 individuals, and 26 of those do not have an ID. Many of these people are homeless. Mayor Grant indicated there was a lot of legal work the staff must review before this program could move forward. He does not believe that they could move forward tonight, but would like to have a consensus. This was the first step in having a Community ID program within the City of Boynton Beach. Vice Mayor Katz indicated he understands the motivation behind the Community ID program. He was not in a position of allocating taxpayers funds for what was in his opinion Sanctuary IDs. If there are legitimate struggles with individuals entitled to US issued IDs and this City can put together efforts to assist them he stands by that. This issue has been settled and he cannot in good conscience vote to allocate funds to an organization which will create a non-government issued to individuals which are not eligible to obtain Meeting Minutes City Commission Meeting Boynton Beach, Florida March 19, 2019 government issued ID due to lack of legal status. He understands there are other categories; they need to have help to receive the ID's. Commissioner McCray indicated he would not be supporting this item. His reasons were the County Commission has not bought into this, the League of City nor has the Sheriff department bought into this. This was an embarrassment for the Church to come and ask the City for $15,000. When Christ Fellowship came into Boynton Beach, they wanted to be a part of the Community, they pledged $25,000 to the City of Boynton Beach. Commissioner Penserga thanked everyone for speaking about their personal experiences. He was open and willing to learn more about the program. At this time, he required additional information. Mayor Grant asked for a motion to table or it will die for a lack of a motion. Died for a lack of a motion. 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 Commissioner Romelus pulled item E. A. PROPOSED RESOLUTION NO. R19-029 -Authorize the City Manager to sign the artist agreement with Krivanek+Breaux/Art+Design, LLC of Chicago, IL in the amount of $97,000 for the Police Station Public Art project. B. PROPOSED RESOLUTION NO. R19-030 Approve utilizing the Kansas City, MO through the US Communities cooperatives purchasing program contract # EV2370 with Graybar Electrical Company of West Palm Beach, FL for electrical/lighting supplies in the amount of $85,000 and authorize the City Manager to sign an Agreement,. US Communities process satisfies the City's competitive bid requirements. C. Approve the purchase of four (4) License Plate Readers from Cintel, LLC of Peachtree, City, GA for an estimated amount of $49,444.44 be installed in Sara Sims Park. D. Approve increase of $2500 to blanket Purchase Order 190052 from $24,048.60 to $26,548.60 to Vazza Cleaning Corporation for Janitorial services at the Utilities Buildings. 9 Meeting Minutes City Commission Meeting Boynton Beach, Florida March 19, 2019 E. Approve revisions to and addition of a project(s) to the Fiscal Year 2018-19 approved surtax projects. Tim Howard, Assistant City Manager, explained the item was adjusting some projects in the Government Surtax program and adding a new project. Some approved projects have been completed with in-house staff. Public Works requested those funds be rolled into a new project for Rolling Greens. This project will modify the existing structure and area at Rolling Green to relocate Forestry and Grounds to the site. Commissioner Romelus commented they were able to save more than $130,000 in savings and now they are able to add additional projects, which was not originally slated. The Public Works Department were being good stewards of the City of Boynton Beach funds. Motion Commissioner McCray moved to approve. Vice Mayor Katz seconded the motion. Vote The motion unanimously passed. F. Approve the one-year extension for RFPs/Bids and /or piggybacks for the procurement of services and /or commodities as described in the written report for March 19, 2019 -"Request for Extensions and /or Piggybacks". G. Accept the written report to the Commission for purchases over $10,000 for the month of February 2019. H. Approve the minutes from City Commission meeting held on March 5, 2019. Mayor Grant asked for a motion to approve the consent agenda. Motion Commissioner McCray moved to approve the Consent Agenda as amended. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. 10 Meeting Minutes City Commission Meeting Boynton Beach, Florida March 19, 2019 7. BIDS AND PURCHASES OVER $100,000 A. Award Bid No. 011-2515-19/IT to lowest responsive and responsible bidders as follows: RDK Truck Sales of Tampa, Florida as Primary Vendor for Items 1, 2, 3, 5 and 6; GT Supplies of Riviera Beach, Florida as Primary Vendor for Item 4; and Petersen Industries of Lake Wales, Florida as Secondary Vendor for Item 4, and RDK Truck Sales of Tampa, FL as Tertiary Vendor for Item 4; for Truck Rentals, in the estimated annual amount of $100,000. The initial term is for two years from date of award contingent upon receipt and approval of insurance. The bid allows for three (3) one-year renewals contingent upon mutual approval and determination that renewal is in the City's best interest. Mayor Grant requested an explanation. Tim Howard, Assistant City Manager, explained the City requested pricing to rent trucks on an as needed basis. The item was for different size trucks. The request was to award primary and secondary vendors to access immediately; the vendor grantee of pricing was for a year. In the event a truck breaks down the City has access to a primary and secondary vendor to rent trucks. The vendor has a fixed price for one year. Mayor Grant asked for the daily rate of the trucks. Mr. Howard stated the rates are from $600 to 1700 daily. Mayor Grant asked if there was a cost to enter into this agreement. Mr. Howard responded no. Commissioner McCray asked how much the City spends on rental trucks last year. Mr. Howard responded if the City rented a truck for a month, it would cost $40,000. Commissioner McCray inquired if $100,000 was enough funds allocated. Mr. Howard believed $100,000 would suffice. The City has purchased new trucks for its fleet. Motion Commissioner McCray moved to approve. Vice Mayor Katz seconded the motion. Vote The motion unanimously passed. B. Award Bid No. 015-2821-19/IT for Annual Supply of Sodium Hydroxide (Liquid Caustic Soda) to the lowest responsive and responsible bidder, Brenntag Mid - South, Inc. of Orlando, Florida for an estimated annual amount of $210,658. The initial term is for one year upon date of award contingent upon receipt and approval of insurance. The Bid allows for three (3) one-year renewals 11 Meeting Minutes City Commission Meeting Boynton Beach, Florida Motion March 19, 2019 contingent upon mutual approval and termination that renewal is in the City's best interest. Commissioner McCray moved to approve with discussion. Commissioner Romelus seconded the motion. Tim Howard, Assistant City Manager, explained this bid was for chemicals used on a daily basis by the Utility Department. There were two bids received. This would be done on an as needed basis. The City has spent between $75,000 to $110,000 between 2017 and 2018. The $210,000 was based on the estimated quantity used. Commissioner McCray inquired if staff only spent $75,000 to $110,000, why was staff requesting $210,000. Mr. Howard responded this would allow staff to order supplies without coming back to the Commission for an increase. Mayor Grant asked if the price increased from last year. Mr. Howard indicated the price did not go up drastically; there was an estimate in quantity. Mayor Grant questioned if the estimation times the price equals $210,000. Mr. Howard said yes. Vote The motion unanimously passed. C. PROPOSED RESOLUTION NO. R19-031 - Award Bid No. 006-2821- 19/TP for Sodium Hypochlorite Tank #1 Replacement, and authorize the City Manager to sign an Agreement with and issue a Purchase Order to the lowest responsive and responsible bidder, Florida Design Drilling Corporation of West Palm Beach, Florida, in the amount of $239,000 plus a 10% contingency amount of $23,900, for a total estimated amount of $262,900. Award is contingent upon receipt and approval of insurance and payment and performance guaranty's. Mayor Grant read Proposed Resolution No. R19-031 into the record by title only. Motion Commissioner McCray moved to approve. Commissioner Pensega seconded the motion. Commissioner McCray inquired what the City was buying for this amount. IN Meeting Minutes City Commission Meeting Boynton Beach, Florida March 19, 2019 Colin Groff, Assistant City Manager, responded this was an existing tank, which was old and needed replacing. This was actually a chlorine tank. Commissioner McCray asked the age of the tank. Mr. Groff stated the tank was 10 years old. The average life of these tanks was between 10 and 20 years. Vote The motion unanimously passed. D. PROPOSED RESOLUTION NO. R19-032 - Authorize the City Manager to sign an annual service agreement with Motorola, Inc. in the amount of $138,925.44 for the continued maintenance and repair of the city's radio telecommunications systems as a sole source vendor. Mayor Grant read Proposed Resolution No. R19-032 into the record by title only. Motion Vice Mayor Katz moved to approve. Commissioner McCray seconded the motion. Commissioner McCray asked if staff could clarify these are handheld radios. Vote The motion unanimously passed. 8. 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.19-004 - SECOND READING - Approve Boynton Beach Mall Future Land Use Map Amendment from Development of Regional Impact (DRI) to Mixed Use Low (MXL). Applicant: City -initiated. (TBD upon return with State approval) PROPOSED ORDINANCE NO.19-005 - SECOND READING - Approve the Comprehensive Plan's Future Land Use Element text amendment to delete the Boynton Beach Mall DRI from the list of DRI -classified sites. Applicant: City - initiated. (TBD upon return with State approval) 13 Meeting Minutes City Commission Meeting Boynton Beach, Florida March 19, 2019 ....... ........ ............_...................................................................... _ . _ ............................... . _ __ ...................................... B. PROPOSED ORDINANCE NO. 19-001- FIRST READING - Approve Country Trail PUD annexation (ANEX 19-001) Applicant: M2D Country Trail, LLC (Applicant request postponement to March 19, 2019) Motion Commissioner McCray moved to remove Item 8-B and 8-C from the table. Vice Mayor Katz seconded the motion Vote The motion unanimously passed. Attorney Cherof read the proposed Ordinance No. 19-001 into the record by title only. Attorney Cherof administred an oath to all those wishing to testify. Bradley Miller, Miller Land Planning representing, Marc Julien Homes, advised the subject was a 5.17 -acre parcel currently developed with one single-family home. The communities of Serrano, the Village of Golf, and Silver Lakes, isolates the property. The only access is through the community. Mr. Miller indicated the applicant would like to have the property annexed into the City of Boynton Beach. The developer plans to construct twenty-six (26) single-family homes. The annexation, FLUM amendment, rezoning and the new site plan can be processed concurrently. Mr. Miller stated this parcel was a pocket belonging to the County, and annexation meets the statutory conditions needed by the City of Boynton Beach. Mr. Miller continued to say the property was contiguous to the boundary of the City of Boynton Beach. The proposed Florida Land Use (FLU) and zoning designations are consistent with the surrounding areas. The single-family home development was consistent with the neighborhood's established land use patterns. The proposed FLU and zoning district would match the FLU and zoning of the surrounding areas and would support a single-family home development consistent with the area's established land use pattern. The zero -lot line configuration of homes in the proposed development matches that of Serrano at Country Lakes located immediately south of the subject parcel while the single-family homes north, east, and particularly west of the property feature larger lots. However, it would be unlikely for a negative impact of the community. There are three proposed models. All models are two stories. The project includes an amenity area including a swimming pool and cabana. The development proposes single- family residences in contemporary architectural styles. Each model has two variations, one with a pitched roof and one with a flat roof. Mr. Miller explained Mr. Bailey was the previous owner and refused to sell his property when the other properties were annexed. There was one building on the property with an 14 Meeting Minutes City Commission Meeting Boynton Beach, Florida ................... March 19, 2019 existing lake. The lake was not for drainage. There was only one legal access to the property. When Serrano came through, part of that approval and recorded plat for Serrano grants an access easement, which goes through the community. There is no legal access from Silver Lakes or the Village of Golf. The request is for approval of an annexation in the unincorporated area of Palm Beach County. The City of Boynton Beach Comprehensive Plan requirement was to apply for a Land Use Designation and a zoning designation. The Land Use requested was Low Density Residential (LDR). Mr. Miller explained this LDR allows for a density between 0- 7.5 units an acre. The County zoning has set the density for 5 units per acre. The 5 units equates to 26 lots, which was what the applicant has requested. The developer was requesting the zoning as a Planned Unit Development (PUD), which gives the City more control, conditions of approval, which the developer has agreed, including the site plan. Mr. Miller indicated he met with the resident representatives from Silver Lakes, Serrano, as well as the Mayor of Golf and City Manager for the Village of Golf. This meeting was to resolve some issues. The parcel is within two different municipalities, indicated the blue line separate the parcel from the City of Boynton Beach limits. This parcel was the only property not in the City. As stated before this area was a pocket and would benefit the City of Boynton Beach. Currently they are under the jurisdiction of the County. The zoning is agricultural residential. Two maps of the Comprehensive Plan stated the density allowed was 7.5 unit per acre. They are remaining consentient with the County designation. The land use is consistent with the area surrounding the area. Mr. Miller made a comparison of Serrano, which has forty-seven single-family homes. The community was built about 2006 and has three, four and five bedroom single-family homes. The community has both single story and two story homes. Mr. Miller also compared the Silver Lakes community, which was a gated community of 169 single-family homes. In summary, the applicant was requesting the parcel to be annexed, proposed density of 5 units per acre. It included a berm, fencing and development plan, hedge material and screening for security for Silver Lakes. Explained there are direct economic development benefits for the City of Boynton Beach. In addition, as noted in response to the criterion, increasing the single- family home supply would be of benefit to the City. They would be adding some traffic calming in the area. The developer has agreed to the reconstruction of signage, to allow for the developer's signage. Mayor Grant opened up to public comments. 15 Meeting Minutes City Commission Meeting Boynton Beach, Florida March 19, 2019 Robert Long 1620 Palmland lives in the 80 -year-old community. He explained they have a park and building a new Senior Center. Serrano has 50 homes; there are 268 homes that are being supported by Palmland. He was concerned about the traffic on the road. Mayor Grant spoke with Palm Beach County regarding the current traffic signal. They are doing 30 seconds. He inquired about an additional 26 homes and was told by Palm Beach County that an additional 26 homes would not have an impact on the traffic, and stated this was being monitored. Mr. Long inquired who was going to be responsible for Palmland road. With all the trucks going on the road, this would tear the road up. He wanted to know who was responsible for the repair of the road. Mayor Grant responded he would check to make sure that it was a public road. This would be reviewed at the next budget cycle. Cheryl Levin, Attorney representing Serrano, presented a letter from the Board of the Directors. Darren Simons, President of the Home Owners Association stating the concerns were traffic and safety related. The roads are very narrow and the both communities would have a problem with emergency vehicles entering the area. Serrano have 47 homes, 20% of the homes have more than two cars. The kids in Serrano has to play in the street. If the project was approved this would be an invitation to speed. There has been no traffic study done or traffic counters sent out to the area. It looks like the roads would be torn up for two years. Again, they are very concerned about the safety factor. Tom Lynch, Mayor for the Village of Golf, congratulated those recently elected. There are some concerns about the project. When you take out the road and the amenities, it is really 7.8 units per acre. Silver Lake, which is the adjoining neighbor on the east and the north, has 169 lots, with 86.6 acre, which was under 2 units per acre. The Village of Golf has a '/2 unit per acre. The two abutting communities are much less dense. Under the City's Comprehensive Plan identifies in Objective 8.5, the City shall coordinate with adjacent local governments to establish joint planning areas in areas of mutual interest. As the local adjacent government the Village of Golf was only notified of the proposed annexation and zoning December 2018. He believes if this would have been done per your process some of these issues, which are being addressed could have been resolved. All three communities are against this development. Christine Thrower, Manager of the Village of Golf, stated the density and landscaping was not consistent with the surrounding area. Both communities have greater setbacks on all sides. There was no fence or wall being purposed by the applicant on the west side of the property. Ms. Thrower stated the Village Of Golf does have a fence at this side of the property. Staff recommendations was the property owners could bisect the landscaping and attached to the fence, but no fence was proposed on the western 16 Meeting Minutes City Commission Meeting Boynton Beach, Florida March 19, 2019 boundary of the property. The setback of Silver Lake on the east is 75 feet to accommodate the dry retention area. West setback places these homes on the fence of the Village of Golf. Drainage was an issue. The Village and the City of Boynton Beach have worked together for more than 30 years. The Mayor and the Village Council hopes the City of Boynton Beach would deny the applicant. Roger Saberson, 2740 SW 23rd Cranbrook Drive, lives on the SE corner of the proposed property. The retention area has a 10 -foot buffer area, 50 -foot drainage area. There was a 15 -foot setback required of the property on Palm Trail, and this was a 75 feet separation. On the Village of Golf side, they have 105 feet of separation, between the nearest homes. This was especially important to provide separation because all of the homes are two story homes with a balcony. The drainage area benefits 9 of the 11 lots. There is an existing lake on the property. They need to maintain a separation. The lake on the property now was a manmade lake and created when the home was built. It was very common in South Florida to dig the fill and create a lake. If the lake was preserved and the landscaping goes in, they would not be able to see the lake anyway. He wanted to commend the City Engineer putting in the condition of approval for the height of the berm and for the three-day storm staging. This was a major consideration. Also a swale was required. As far as an installation of a wall, Serrano was required to have a wall. The applicant did not show the wall extended all the way to the Village of Golf. The wall was necessary for privacy, security and drainage. Annmarie Lonergan, 2663 SW 23rd Cranbrook Drive, hired a private urban planner, to look at this project. There was no joint planning with the affected City. There are at least 16 points which the proposed development does not match the surrounding community area. Serrano has green space and a lake. This proposed project has no green space. The applicants are comparing the project to Serrano then need to have berms and green areas as well as drainage areas. Serrano has mandated towing, so that emergency responders can access their site. They have circular drives for this reason. This proposed design was not keeping with any surrounding community. The City has negated and neglected to enforce their own rules of design for landscaping to engineering to site and zoning. However, the City wants to annex this parcel into the City of Boynton Beach, while cramming this down the throats of those who live in the area. Ms. Lonergan stated the City of Boynton Beach has spent tens of thousands for flood mitigation. This property design goes against the reports. The City of Boynton Beach was forcing its residents to go out and mitigate all of the drainage because of a dry berm. They do not have a percolation test. The new residents would be 4 feet higher than her home. The proposed berm of 4 feet by 50 feet would not be sufficient for paving and construction. No one wants this design. The City has already signed off on this plan. The Commission has been having meetings. This does not pass the Sunshine State law test. If there was 17 Meeting Minutes City Commission Meeting Boynton Beac................................................... March 19, 2019 a concrete wall they would need to mitigate. She does not want to see a two story building in her backyard. There would be 200 people in her backyard. Mayor Grant asked how she came up with that number. Ms. Lonergan stated there are four bedrooms per home and two people per bedroom. The residents are going to have standing water and get Zika virus and have deed animals in the streets. The City of Boynton Beach does not enforce the Planned Unit Development (PUD) or Home Owners Association (HOA) landscape. When a tree dies of a disease and they pull them out, the City will not come in and have them replant the trees. How much money does it have to make. They calculated at a breakeven analysis, there was a 45% rate of return. How can the City approve all of this before it was brought before the citizens? Ms. Lonergan asked how the new development was going to have 208 people in the proposed pool. There was only one bathroom at the clubhouse for 208 people. She wanted to know who was signing off on this design. Mayor Grant responded no one has signed off on the plans. Ms. Lonergan stated she has been hearing that this was the approved site plan. The applicant was manipulating the public as being approved. This plan does not match Serrano. The density in the Village of Golf was much lower. They have documented drainage going into Mr. Dailey's property, allowed by the County. The City of Boynton Beach does not have the PUD on file. The drainage does not match what was published by the City of Boynton in its Flood Mitigation plan. Mayor Grant asked about the publication. Ms. Lonergan responded this was the 2017 Flood Mitigation plan, which also includes the emergency response plan. Mr. Lonergan stated the Flood Mitigation Plan was updated yearly. The City has not had any meetings requiring development plans Mayor Grant asked if Ms. Lonergan had any additional questions. Ms. Lonergan asked how it was possible to present the site development plan with inaccurate information. For the record, she would like to have it stated their finished floor elevation was on the same horizontal plane. Has anyone for the City looked at the traffic study or the emergency response compliance? Julia Davidow 2314 SW 23 Cranbrook Drive, President of Silver Lake HOA, wanted to applaud Bradley Miller and Marc Julien for listening and addressing the communities concerns. What they recreated did not change very much, but they listened to the communities. She thanked Ed Breese for addressing 11 items. She appeared before the Meeting Minutes City Commission Meeting Boynton Beach, Florida1", 1111111- March 19, 2019 Planning Board with a list of 14 concerns, which they dealt with. Met with Marc Julien and Bradley Miller regarding items they needed to work through. They are asking the Commission to protect the community. If this property was annexed, please do it with lots of consideration and a heavy heart. The community was asking for a 6 feet concrete wall, which would allow for proper drainage. The density was extreme. The community was asking for 20 homes. The lake was a concern, but the drainage was a higher concern. The street should end in a cul-de-sac. Every one of these homes have a lake. Mr. Miller stated there was flexibility where the cabana would be. Most of what was presented here remains at the discretion of the developer. The City has the right to set requirements. This was a unique situation. The development surrounds older communities. It cannot be developed because of egress. This City should proceed cautiously regarding annexation. Ariane Dimitris, 1 County Lake Trail, purchased the property because of safety of the neighborhood. She did not know that there was a possibility of 26 additional houses. She believed there was an easement already behind the homes for FPL. Mayor Grant, seeing no one else coming, closed public comment. Vice Mayor Katz inquired if the proposed site plan was annexed and assigned LU, was there anything in the proposal, which was be inconsistent or would violate existing City Codes or ordinances. Mr. Colin Groff, Assistant City Manager, responded it has to be reviewed against the City codes. Currently the City was recommending approval with conditions. The Project does meet the current Code for Zoning and Land Use. Mayor Grant requested clarification on why this project received approval Gary Dunmyer, City Engineer, explained the requirements for drainage was the homes must be designed for a 100 -year storm with 3 -day onsite storage. This project does not have an outfall; it must contain the entire storm within the limits of their property. The development would not discharge offsite during a 100 -year three-day storm. Mayor Grant indicated there was a lake and the lake was holding water. He inquired if the City had any knowledge of the volume of water in the lake. Mr. Dunmyer responded this project would not have any discharge in predevelopment. There would not be any discharge allowed in the post development. When you compare pre and post it was the same. Mayor Grant noted the City has springs, wells and aquafers. What was feeding the lake so that it does not dry up? Mr. Dunmyer responded the ground water elevation. Mayor Grant inquired if the applicant created a berm would there be ground water to supply the lake. Mr. Groff responded that was a final design. If the pond was wet, it was IL61 Meeting Minutes City Commission Meeting Boynton Beach, Florida March 19, 2019 where the ground waters sit. If it was dry retention, the bottom of the pond has to be one feet above the seasonal high ground water level, so it remains dry so it can perk. All that comes during the detail design. A dry lake provided a higher nutrient removal than wet ponds, when a lake has water; it does less for the environment than a dry lake. The City recommends dry lake when they can get them. Mayor Grant stated the grass, which was there any type of plants could receive nutrients. What was the volume the lake should hold. Mr. Groff stated it holds the volume generated from that development during a 100 year 3 day storm. Mayor Grant asked what that number was. Mr. Groff stated he would need to get back with the Commission. Mayor Grant stated this was the first reading and staff could bring back that information at the second reading. How much does the lake hold for the 100 -year flood for three days? Mr. Groff stated the applicant engineer was available for questions. Joe Pike, President, EnviroDesign Associates, Inc. 298 NE 2"d Avenue did not recall speaking about putting the 100 -year storm onsite and containing the water. Typically, South Florida Water Management District does not require that. He was willing to consider this. When you ask for more, there was unintended consequences. His concern with storing water onsite was raising the berms. Mayor Grant asked what they had. Mr. Pike responded they were complying with the regulations that other surrounding development do within the City which was the 25 year storm event onsite for the berm, for essentially there was a bowl on site. He cannot speak to gallons. They comply with South Florida Water Management requirements and City requirements. Mr. Groff stated the conditions of approval are they hold 100 -year storm event for three- day. The reason was the applicant property does not have a positive outfall. If they provide a positive outfall which means a positive outfall for the water to drain, then they can step back to the 25 year South Florida Management District regulation. In the City of Boynton Beach, if they do not have a positive outfall they need to hold a 100 -year three-day storm event on the property. If they cannot do it they would not receive approval. Mayor Grant inquired if the positive outfall could be a canal. Mr. Groff responded yes, they would need a positive outfall, which would be free flowing. This was codified in the LDR, as well as the condition of approval. Mr. Pike responded if that was the case he would look into it and try to accommodate the City requirements. Doing this may result in higher berms and higher home elevations for the community. 20 Meeting Minutes City Commission Meeting Boynton Beach, Florida ................................................................-_ March 19, 2019 Mayor Grant noted some in the community were asking for a concrete wall. Mr. Pike responded he does not see how a wall would contain drainage. A dry retention area is not a lessor solution than a lake. They are both equal and acceptable. A wall cannot help or hurt in regards to the drainage. Mayor Grant noted the topography on Silver Lakes was not retaining all of their water. If the City builds the berms, what was their recourse if their home floods? Do they need to dig up their yard? Mr. Pike responded he could not speak about recourse. However, the homeowners have a permitted system in place since 1977 through South Florida Water Management District. They should be self-contained. They are not to look for other properties to drain onto. What was done on the applicant site should not affect them. Mayor Grant noted what was being done was above what was required. Mr. Pike responded yes. Mayor Grant stated with FPL (Florida Power and Light) they have access through the power lines through the Village of Golf. Mr. Pike responded he was not up to speed on the electrical component. They are extending water and sewer through Serrano. Mayor Grant asked if the easements was through the backyards of Serrano. Mr. Pike believed they were on the roadway. He was extending the water and sewer through Serrano and could not speak on the electrical. Mr. Miller responded on the western property line there was a power line which runs along that area. There was an easement he believes it was 20 feet wide on the west side of the property line in the Village of Golf. Mr. Miller believes this would provide access to the power lines. Mayor Grant asked if the FPL lines would not go through the back yards of Serrano. Mr. Miller responded he was not sure. Mayor Grant stated he had some questions for the landscape architects Mayor Grant was concerned about the root system near properties with pools, along the eastern border. There was a 10 -foot landscape buffer. Inquired if there was anything which would protect the pools and or patios from roots breaking pools or patios. Dan Bockner 601 North Congress Avenue responded nothing has been added to the plans, but they could add some type of root barriers. Mayor Grant indicated he wanted to make this as a condition of approval to have some type of root blocking barrier, specifically if the homes have pools or patios that are within 5-10 feet of the barrier. Another item was the green fee, for any new resendital units for the City Parks and Recreation Department. Mayor Grant asked what the Park and Recreation impact fee was. Mr. Groff responded about $650. 21 Meeting Minutes City Commission Meeting Boynton Beach, Florida March 19, 2019 Mayor Grant indicated because these homes were on a zero lot line there was no planned community park. He request the applicant increase the amount to $1,000 voluntarily. Mr. Buckner responded whatever the requirements are and additional fees was requested, the additional fees would need to be agreed upon by the applicant. Mayor Grant noted a resident stated there would be hundreds of people in their backyard. Was the Association planning to have a towing contractor? Therefore, those cars are not parked on the side of the road. Mr. Miller explained the plan was for each home to have a two -car garage with driveway. It would be an HOA document for any community. Mayor Grant asked if there were any space for parking at the pool. Mr. Miller responded there were three parking spaces at the pool area. Mayor Grant stated he understood the sanitation vehicle would pick up all of the trash on the east side of the road and back up and do a K -turn to pick up on the other side of the road. Mr. Miller responded yes. Mayor Grant indicated this would be similar to what the police and fire must do if they needed to go to the end of the road. Mayor Grant inquired if the Police, Fire Department and Sanitation had signed off on this requirement. The Commission received a request for all the meetings, which the applicant had with the City. Mayor Grant asked for a timeline of the meetings regarding the project. He would like to request for the second reading, an increased monetary fee for the Barrier Free Park. Mayor Grant why did the applicant did not try to annex through the County instead of trying to get the project developed through the City. Mr. Miller stated this property belongs in the City of Boynton Beach. The City was providing services; it was on the future annexation maps. This parcel is surrounded on three sides by the City of Boynton Beach. This should have been annexed before. Mayor Grant understands the developer was not building the $1.5M homes on a golf course. Mr. Miller said this was a single-family residential community, which there have been very few in the City. Mayor Grant was excited the City has an opportunity to have single-family homes in the City; the last development was in 2016. Regarding the density was it a possibility for the reduction to 25 or 24 homes. Mr. Miller replied there was a possibility. He inquired does it make sense when it was the same density as Serrano? It was not good planning. If you create larger lots, they would not be consistent with anything. This would be contrary to the Comprehensive Plan. Commissioner Romelus inquired why staff recommended the cul de sac removal. Mr. Dunmyer said the developer opted to go for the T turnaround instead of the cul de sac. Mr. Dunmyer stated he supported the T turnaround. 22 Meeting Minutes City Commission Meeting Boynton Beach, Florida March 19, 2019 Commissioner Romelus stated it was not that staff disliked the cul de sac. Mr. Dunmyer responded he did not have a preference. Commissioner Romelus stated in relation to laying down less concrete or less asphalt, this was the better way to move forward. Mr. Dunmyer responded yes. Commissioner Romelus asked what the alternative to this project if we the City annexation with the maximum density possible. Mr. Dunmyer replied the applicant stated they had done something with townhomes; this would be the zoning and density the City would require. The PUD was the same density, but it allows staff a lot more flexibility to add additional requirements. There was more control with a PUD than with a standard property. Amanda Bassiely, Principal Planner said the maximum density allowed was 7.5. units per acre. The applicant could possibly build 35 homes on the property. Commissioner Penserga indicated there seems to be some questions on some of the facts and situation. The density issue seems to be a problem. He requested additional documentation from the private land planner. Attorney Cherof, noted information provided in the matter the speaker suggested, which was outside of the quasi-judicial proceeding would not support any outcome by the Commission. It would not constitute evidence in this proceeding. If the speaker wants something to be considered by the Commission as a whole and be considered part of the record, it must be submitted now or at second reading, not privately. Ms. Lonergan asked what the Commission was voting on tonight. Was it only the annexation? Attorney Cherof replied there were several items on the agenda. The annexation was the first item, stating the Land Use Designation, zoning and the site plan were the other items. Mayor Grant noted this was the first reading. Vice Mayor Katz requested clarification on the 100 year 3 day event. It has to be built on the 100 year 3 day event and must hold the water onsite. That was a condition of approval. He inquired was the project as presented capable of holding the water. It implied that they were being held to the 25 -year storm. Mr. Groff, after the review, the City reviewed the project, since there was no outfall, the site must demonstrate the top of the perimeter berm was at the 100- year 3 -day storm stage. The site plan does not have that level of detail. That was the level of detail after it moves forward. If they do not do it, they would not be approved. Vice Mayor Katz asked if this mean the elevation is going to change from what was being presented. Mr. Groff stated the conditions must be met. 23 Meeting Minutes City Commission Meeting Boynton Beach, Florida March 19, 2019 Motion Vice Mayor Katz moved to approve. Commissioner McCray seconded for annexation only Clerk Pyle called roll. Vote we] PROPOSED ORDINANCE NO. 19-002 - FIRST READING - Approve Country Trail PUD Future Land Use Map amendment from Palm Beach County's Medium Residential with a maximum density of 5 du/acre (MR -5) to Low Density Residential (LDR) with a maximum density of 7.5 du/acre. Applicant: M2D Country Trail, LLC (Applicant request postponement to March 19, 2019) Attorney Cherof read the Proposed Ordinance No. 19-002 on first reading into the record. Motion Vice Mayor Katz moved to approve. Commissioner Penserga seconded the motion. Clerk Pyle called roll. Vote 4-1 (Commissioner McCray dissenting). PROPOSED ORDINANCE NO. 19-003 - FIRST READING - Approve Country Trail PUD rezoning from Palm Beach County's AR, Agricultural Residential, to PUD, Planned Unit Development. Applicant: M2D Country Trail, LLC Motion Vice Mayor Katz moved to approve. Commissioner Penserga seconded the motion. Clerk Pyle called role. Vote 4-1 (Commissioner McCray dissenting). 24 Meeting Minutes City Commission Meeting Boynton Beach,Florida Motion March 19, 2019 C. Approve Country Trail PUD New Site Plan to construct a new development with 26 two-story single-family residences and associated site improvements on a 5.17- acre site. Applicant: M2D Country Trail, LLC. Commissioner Romelus moved to table until April 2, 2019. Vice Mayor Katz seconded with discussion. Vice Mayor Katz stated the reason he asked about the water retention this was singularly the most important aspect of the project. Many of the other concerns are subjective by neighbors. His sole determination would be based on the site plan, that the storm water on the property would be retained on the property. Some of the statements made today with possible modification, he needs to see additional information so that he can vote on this issue. Vote The motion unanimously passed D. Approve Ocean Breese East Major Site Plan Modification for multi -family residential (rental apartments) consisting of 123 dwelling units within four, three-story buildings, a clubhouse, community space, and associated recreational amenities and parking on 3.95 acres. Applicant: Paul Bilton, Centennial Management Elizabeth Coe, of Centennial Management, thanked the Commission for the opportunity to work with the City of Boynton Beach on this project. The applicant was requesting approval of a Major Site Plan Modification for the development of Ocean Breese East, which proposes 123 dwelling units within four, three-story buildings, a 3,250 square foot clubhouse, 1,446 square foot community room, associated recreational amenities, and parking on 3.95 acres. Commissioner McCray inquired about the color pallets, which come before the Commission. Mr. Groff responded they are still required. Amanda Bassiely, Principal Planner stated they have not received the color yet. Usually they come with permitting. They submit color rendering. Commissioner McCray wanted to see the color scheme. Vice Mayor Katz inquired if the applicant was ok with the Condition of Approval. Ms. Coe stated they were. Mayor Grant asked about the trees currently on the property. Will those trees be saved? Ms. Coe stated she was not aware what trees were being saved. 25 Meeting Minutes City Commission Meeting Boynton Beach, Florida March 19, 2019 Mayor Grant inquired about the parking spaces. The applicant was requesting less parking spaces. Ms. Coe replied they were providing 222 parking spaces. The minimum required was 217. Mayor Grant noted the backup stated 260 spaces were required. A traffic engineering study was performed which allowed for the lower amount. Ms. Coe indicated originally Centennial had 285 required parking spaces, with the parking study required 217 and Centennial was providing 222 parking spaces. Mayor Grant stating he was not happy with Centennial's response. Now Centennial was stated they do not need the parking at this location and why the parking study was not part of the backup. Ed Breese, Planning and Zoning Administrator, noted staff submitted a parking analysis reducing parking requirement in certain circumstances. The applicant provided a parking study. When the review process originally began, the amount of parking spaces required was 275. That number was reduced after the Code amendment. Mayor Grant stated that seemed like a large amount of space. Mr. Breese replied that was a lot of spaces, which was more parking for a project of this nature. The Commission adopted the changes recommended by staff. A parking study was presented to staff and staff agreed with the parking study. Mayor Grant stated they can charge extra for parking. Mr. Breese asked when a customer signs a lease agreement; they would ask how many parking spaces were required. They are not charging for the parking spaces. Mayor Grant stated they have a certain amount of parking spaces required for one bedroom apartments, it was 1.5, two bedroom it was 2 cars, and three bedrooms was more. There are certain amounts of guess spots required. Based upon the data the applicant used for their study, staff was in agreement. Mayor Grant stated the problem he has was the study was not included. Mr. Breese apologized for not including the parking study with the backup. Mr. Breese stated they would provide the study. Mayor Grant stated that Mr. Breese mentioned that there would not be additional charges for a three bedroom house. If someone has a one bedroom with two cars, are they going to get charged extra? Mr. Breese agrees with what the Mayor was saying. What he was saying the potential customer would not be able to sign a lease with more than two cars for a one bedroom apartment. Mr. Breese stated they keep and manage their property Mayor Grant stated the applicant may want to flip the property and sell the apartments as condos, and they have that right. Mayor Grant stated he was not asking for this as a condition of approval. One of the conditions of approval was for two extra handicapped spaces, was this in the original plan? Mr. Breese replied this was requested by the Planning and Development Board. Mayor Grant inquired if the applicant needed to redo 26 Meeting Minutes City Commission Meeting Boynton Beach, Florida March 19, 2019 the site plan to get those two spaces. Mr. Breese replied as part of the permitting process, the applicant will show, if you will agree to that condition, it would show the two additional parking spaces. Either it would come from a reduction of a landscape island. They could lose one parking spot as well to accommodate the handicapped parking space. Mayor Grant asked if the Commission placed a condition of approval for one electric vehicle charging station, would that be considered one of the parking spaces. Mr. Breese responded they can use as a regular parking space; this was be part of the 222 parking spaces. Mayor Grant indicated he was not in agreement with losing any landscaping; he would be agree with one extra handicap parking space. There are no elevators. Mayor Grant would like to have the electrical vehicle parking space. He inquired of the applicant if they were willing to provide this space for electrical vehicle parking. Brad Ulmer, Civil Engineer, Indicated there are nine handicap parking spaces and the Code requires seven. They are already offering two additional handicapped parking spaces. Mayor Grant stated the project already has two additional handicapped parking spaces. Mr. Ulmer indicated for the electric vehicle charging station explained this was low income housing. Mayor Grant replied they are in the 21 st Century. Mr. Ulmer replied the applicant was willing to do one as an experiment. Mayor Grant stated maybe the tenants will see that they do not need to purchase gas. Mr. Ulmer said in the future it maybe electric vehicles may be more economical. The pricing is coming down. He would like to stick with the original plan regarding parking. Mayor Grant indicated the applicant already has two additional handicapped parking that was required by Code. Mayor Grant asked about the current landscaping, if the trees could be moved to a different site. Mr. Swezy stated it may be better to replace them. Usually when you move a tree they need to be pruned and sit for a while before replanting. Mayor Grant asked about the smaller sable palm trees. If it was an oak tree he understands about the removal. Mayor Grant stated the CRA board sold the applicant the property, asked for a community benefits agreement. There are a few nonprofits and asked if the applicant was willing to give back to the community. Mayor Grant asked for a donation of $5,000 a year for 5 years to the local nonprofits. 27 Meeting Minutes City Commission Meeting Boynton Beach, Florida March 19, 2019 Vice Mayor Katz opposed requesting the applicant to donate $5,000 for 5 years. Mayor Grant indicated this was his request. He learned about this in February and he did not have a chance to speak with the Commission. Mr. Swezy asked who chooses the non -profits. Mayor Grant stated the applicant would choose the nonprofit. Mr. Swezy stated he has a Charitable Trust account and he was willing to agree under his own charitable trust. Mayor Grant said his question regarding the parking had to do with staff not providing backup documentation. This was the first time with the new Code. Commissioner McCray stated he was in agreement with Vice Mayor Katz regarding not fair to ask for $5,000 for 5 years from the applicant. The Commission did not have the ability to discuss the donation to a nonprofit. Mayor Grant stated he heard about this from the Race to Equality Summit. Commissioner McCray indicated he was not aware of this and it was not fair to the applicant to request this donation. Mayor Grant stated this was why we are discussing. Commissioner McCray stated the Mayor made a decision without consulting with the Commission and that was not right. Mayor Grant indicated that was correct. Commissioner McCray stated the Commission should vote on asking the applicant to provide a donation. Mayor Grant indicated this was not part of the conditions. Motion Commissioner McCray moved to approve. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. Mr. Breese wanted to clarify the conditions of approval for removing the two additional handicapped parking spaces. Mayor Grant stated the comments from the applicant already have two additional handicapped parking. Ms. Bassiely indicated the Planning and Development Board requested two additional handicapped parking spacing in addition to the nine spaces the applicant was providing. Vice Mayor Katz stated the vote was not to include the two additional spaces the Planning and Development requested. E. Approve Conditional Use and Major Site Plan Modification for the construction of a 1,927 square foot Taco Bell Restaurant, drive-through and related site improvements, located in a C-3 (Community Commercial) zoning district. Applicant: Raymond Funk, Coastal QSR, LLC ( Tabled until April 2, 2019) Meeting Minutes City Commission Meeting Boynton Beach, Florida March 19, 2019 9. CITY MANAGER'S REPORT -None 10. UNFINISHED BUSINESS - None 11. NEW BUSINESS A. Approve the request of Vice Mayor Romelus to distribute $250 of her Community Support Funds to Scholar Career Coaching. Ms. Lynne Gassant will be present to make a brief 10 -minute presentation. (Heard earlier on the agenda.) B. The Mayor has requested a discussion concerning a Community ID Program. Attached is information from the PEACE organization regarding Community ID programs. (Heard earlier on the agenda) C. Authorize Commissioner Romelus to travel to the Advanced Institute for Elected Municipal Officials (IEMO) training to be held in Tampa, FL April 12- 13. Motion Vice Mayor Katz moved to approve. Commissioner McCray seconded the motion with discussion. Commissioner McCray requested staff to provide a balance of this account. Lori LaVerriere City Manager responded the budgeted amount for the Commission meetings was $22,800. As of today $7500 has been used from the fund. Commissioner McCray stated he was in agreement with Commissioner Romelus going to the Institute. Vote The motion unanimously passed. D. Removal of an Advisory Board Member Mayor Grant asked if Commissioner Romelus would like to discuss. Commissioner Romelus wanted a conversation regarding removal of an Advisory Board member. Recently some gross and blatant abuse of power has occurred. The Commission needs to send a clear message, the Commission will not be bullied nor will individuals who believe they should have levels of powers they do not here in this City intimidate them. Commissioner Romelus made a motion effective immediately to remove the individual David Katz, from the Planning and Development Board. The City of Boynton Meeting Minutes City Commission Meeting Boynton Beach, Florida March 19, 2019 Beach has rules of ethics, which must be followed. This individual has violated those rules. Mayor Grant asked if there was evidence of the violations. He inquired if a letter of complaint was filed with the Commission on Ethics and was there an opinion. Commissioner Romelus responded she did not have a chain of letters or commands or anything that in terms of showing the violation this individual had, but in terms of what the Commission has seen in the past and the actions that this individual has taken. It was clear and obvious that the violations of power and the violations of the position that the person currently sits. Mayor Grant asked if Commissioner Penserga had any comments. Commissioner Penserga indicated he had a question for the City Attorney; if the members of the advisory board served at the pleasure of the Commission. Attorney Cherof responded they do. The members of the advisory boards are appointed by the Commission; they are subject to removal by members of the Commission as well. Commissioner Pensega inquired if it was for cause or no reason at all. Attorney Cherof responded for any reason or cause. It was possible to do that, but it is not necessary. Mayor Grant asked if any notice was required. Attorney Cherof there was not. Mayor Grant stated he believes in due process, and if allegations are made, they need to be substantiated, especially here on the dais. The Commission are actually immune from civil immunity. There has been previous dealings where Mr. Katz has been a lobbyist for items he voted on and chaired the advisory board. The rules were changed so this would not happen again. Vice Mayor Katz, indicated he was in agreement with the Mayor. He understood Commissioner Romelus's position and based on experiences over the past three years, but without evidence, he would be unable to support the removal. Vice Mayor Katz said, there was a natural process absent evidence. When the Commission has concerns with the quality of members on the Advisory Boards the process each year the Commission reappoints or appoint members on an annual or semiannual basis. He would feel more comfortable, simply exercising his right to appoint or not appoint members at the appropriate time when they come up during the course of the year. Commissioner McCray stated he concurred with Mayor Grant and Vice Mayor Katz. 30 Meeting Minutes City Commission Meeting BoyntonBeach, Florida March 19, 2019 Motion Commissioner Romelus motioned to approve. Commission Pensega seconded the motion. Vote Motion failed 2-3 (Mayor Grant, Vice Mayor Katz, and Commissioner McCray dissenting) 12. LEGAL A. Discuss adoption of anti -lobbying ordinance applicable to City Board Members. (Tabled to March 19, 2019) Motion Commissioner McCray moved to remove the item from the table. Vice Mayor Katz seconded the motion. Vote The motion unanimously passed Mayor Grant asked if this was ok to move forward with what the State Constitution has with an earlier effective date. Vice Mayor Katz stated the amendment which was passed pertained to the elected officials. Attorney Cherof stated the Constitutional Amendment, yes. Vice Mayor Katz stated the City has passed an ordinance as a paid lobbyist, go one step farther to ensure that a member of an advisory board to take a lobbyist job. The point of this item was to discuss a 12 to 18 month prohibition on advisory board members becoming a lobbyist after departing from an advisory board, if they attempt to become a lobbyist. He requested a discussion on this item and develop language for an ordinance. Mayor Grant stated he was against this. These are volunteers. If the advisory board member wanted to take a position as a lobbyist, he was not in agreement. He believed this was more for the City Commission, after they left the Commission. Vice Mayor Katz stated they were now legally prohibited from becoming lobbyist for 6 years. Mayor Grant stated the start date was now 2021. Mayor Grant indicated he thought this was for elected officials. Commissioner McCray indicated he was in agreement with the Mayor. The people who sit on the advisory boards do so voluntarily. It was difficult to get people serving now. 31 Meeting Minutes City Commission Meeting Boynton Beach, Florida I'll. ................ ...... ......................................._....._.........._........................._ March 19, 2019 ..._.__ .................................._ _ _ __. Commissioner Penserga indicated he reviewed the meeting minutes of the previous meeting involving this topic; the confusion was with the understanding of the language. He asked if Attorney Cherof could explain the difference between advocate and a lobbyist. Attorney Cherof stated the term lobbyist includes payment. Advocate does not receive payment. Vice Mayor Katz wanted to make sure this was for paid lobbyist. Tighten it up with some of the work which has been done. The more loopholes the City closed and the more the City restrict the ability of unethical activity to occur to say to the taxpayer we are doing what can be done to ensure in the City of Boynton Beach there is no unethical activity; if this type of ordinance was passed, it could be codified into law. Vice Mayor Katz moved to direct Legal to draft language specifying a period of 12 months any member of an advisory board who vacates their positon for any reason, was prohibited from becoming a paid lobbyist. Mayor Grant inquired if there was going to be a fine for non-compliance. He did not know if that was constitutional to have a fine. Attorney Cherof indicated he could research this issue. Commissioner McCray stated he was in favor of research to find out if other municipalities were doing something similar. Mayor Grant provided an example, an advisory board member works for another company like FPL or ATT and decides they want to become a lobbyist, this would include them. Vice Mayor Katz indicated that was his intent. Motion Vice Mayor Katz moved to direct Legal to draft language specifying a period of 12 months any member of an advisory board who vacate their positon for any reason, was prohibited from becoming a paid lobbyist. Commissioner Penserga seconded the motion. Vote Motion failed 2-3 (Mayor Grant, Commissioner Romelus, and Commissioner McCray dissenting) B. PROPOSED ORDINANCE 19-010 - FIRST READING - Amending Chapter 14 of the Code of Ordinances entitled "Motor Vehicles and Traffic" creating Section 14- 13 entitled "Motorized Scooters". (Tabled) 32 Meeting Minutes City Commission Meeting BoyntonBeach, Florida ...................... _ _ ............................. _......__........__ ..... — March 19, 2019 C. PROPOSED ORDINANCE NO. 19-011 - SECOND READING - Approve ordinance amending Part III, Chapter 2, Article I, Section 5 of the Land Development Regulations to update the City's Green Building Program. Attorney Cherof, read Proposed Ordinance 19-011 on second reading by title only into the record. Motion Commissioner McCray moved to approve. Vice Mayor Katz seconded the motion. Clerk Pyle called the role. Vote 5-0 13. FUTURE AGENDA ITEMS A. Modification of parking ordinance to prohibit parking of tractor trailers in residential neighborhoods- April 2019 B. Mayor would like to discuss possibility of having a cornerstone for the Freemasons at the new City Hall Building - April 2, 2019 C. Department to give brief presentation of their operations Police - April 2019 Fire - May 2019 D. Staff to review Development Department's plan review processes to identify efficiencies and technologies to assist with timely review of plans/projects - April 16, 2019. E. Commission wants to discuss public safety as it relates to the Town Square Redevelopment - June 2019 14. ADJOURNMENT Motion There being no further business to discuss, Commissioner McCray moved to adjourn. Commissioner Romelus seconded the motion. 33 Meeting Minutes City Commission Meeting Boynton Beach, FloridaMarch 19, 2019 Vote The motion unanimously passed. The meeting adjourned at 11:08 p.m. ATTEST L'I:A i�Z, 9� Jut u ' A. Pyle, CMC Ci Clerk 4ueenester Nieves Deputy City Clerk Cl NT EACH Mayor - Steven B. Grant 9;?: � — Vice Mayor h stina 34 C – enserga DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Ocean Breeze East (MSPM 19-004) APPLICANT: Ocean Breeze East, LLC APPLICANT'S ADDRESS: 7735 NW 146 Street, Suite 306, Miami Lakes, FL 33016 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 19, 2019 APPROVAL SOUGHT: Request approval for Ocean Breeze East Major Site Plan Modification for multi -family residential (rental apartments) consisting of 123 dwelling units within four three-story buildings, clubhouse, community space, and associated recreational amenities and parking on 3.95 acres. LOCATION OF PROPERTY: Southeast corner of Seacrest Boulevard and NE 7th Avenue 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: 1. 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 X 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 Applicant's request is hereby X 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: ity Clerk S:\Planning\SHARED\WP\PROJECTS\Ocean Breeze East\Ocean Breeze fast MSPM 19-004\MSPMP19-004_ DO.doc EXHIBIT C Conditions of Approval Project Name: Ocean Breeze East File number: MSPM 19-004 Reference: 3rd review plans identified as a Major Site Plan Modification with a January 28, 2019 Planning and Zoning Department date stamp marking. DEPARTMENTS I INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: 1. The length of the parallel parking spaces will require submittal and approval of an Engineering waiver. X 2. Coordinate with FPL to provide FPL street lights on NE 7th Ave and NE 1 st St. X 3. At the site entrance, please show the 15' safe corners (detail P-13). Make sidewalk linear and parallel to safe corner. Please show this on the site plan and on the landscape plan. X 4. At each property line please provide a cross section to ensure constructability. X 5. Provide screening for the residents from the headlights of vehicles that would park at the southern property line. X 6. Depict the 60 feet of clear space at the dumpster for truck backing- up. X 7. The north east dumpster appears to be blocking the sight distance of the vehicles leaving the parking area west of building III. X 8. On-site utility lines to be maintained by the City shall be located within a dedicated utility easement. X 9. The tot lot equipment shall not be located over a utility easement or line. X 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. Ocean Breeze East (MSPM 19-004) Conditions of Approval Paae 2 of 3 DEPARTMENTS INCLUDE REJECT PARKS AND RECREATION Comments: 10. Park impact fees will be required at time of building permit. X PLANNING AND ZONING Comments: 11. The survey depicts an existing 12' FPL easement. If it has not X already been abandoned, the applicant will need to file an Abandonment application with the City. 12. Please correct the "Lighting and Fixture Schedule" to reflect pole light X mounting height at 18 feet to match the detail on sheet E16.01 and correct the "Calculation Summary" to indicate a maximum of 5.7 foot- candles. Additionally, revise the photometric plan to ensure light levels do not exceed 0.3 foot-candles at property lines. 13. Revise color scheme of the dumpsters to match the buildings base X and trim colors. Revise the appropriate details. 14. Provide necessary infrastructure to be able to accommodate electric X vehicle chargers in the future and note those on the site plan. 15. On Seacrest Boulevard revise the landscape plan to depict a X minimum of two (2) layers of different shrub material, planted in a tiered fashion at different heights. 16. Street trees are to be planted in flexi-pave, not a landscape strip. X Please revise accordingly along all rights -of -ways. 17. Ensure that any proposed light poles on Seacrest Boulevard match X the existing poles. 18. Expand the proposed tot lot area to include a recreational lawn for X older children 19. Provide a School Capacity Determination letter approval from the X School District of Palm Beach County prior to issuance of permits. 20. Provide Floor Area Ratio calculations prior to permit issuance. X Ocean Breeze East (MSPM 19-004) Conditions of Approval Paqe 3 of 3 DEPARTMENTS INCLUDE REJECT 21. Clearly identify each buildings setbacks from the property line and from the back of curb. X 22. Provide signage details prior to issuance of sign permits. X COMMUNITY REDEVELOPMENT AGENCY Comments: None. All previous comments addressed at DART meeting PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 23. Relocate the existing handicap parking space to be centrally located along each residential building. Also, provide an additional two (2) handicap parking space where feasible. X 24. Ensure screening along the south property line contains dense hedges maintained at a minimum of four (4) feet in height. X CITY COMMISSION CONDITIONS Comments: 25. The P&D Board request to relocate and add additional handicap parking spaces (Comment #23) was deleted by the City Commission. X ADDITIONAL REPRESENTATIONS / COMMITMENTS The applicant or applicant's representatives made the following representations and commitments during the quasi-judicial and/or public hearings that now constitute binding obligations of the applicant. The obligations have the same weight as other conditions of approval. S:\Planning\SHARED\WP\PROJECTS\Ocean Breeze East\Ocean Breeze East MSPM 19-004\StaffReport\Exhibit C - MSPM19-004 COA - CC.doc ' nim A Tl�NM, A EXHIBIT A , _qw- -AL NE 8thAve t. _ 5EL NE e Okl- 107 — Alr t V, NOR�� --- `. i --'NE At Ave. A ow r w � , • c10 ..ter. C4 — .. RL i. SNE 5.thrAve; - - ;i W -- IVA L 1 �( ,. fie. •.. �'\� i h� 'y' E't 0 2550 100 150 Feet 7 H x W >111 1111491111 < Low Wall Elevation T �lc a I S, I e �Ll I P ��I'e T ical"F" Curb Detail 5 NTS 3 NTS Architectural Site Plan 1••800 M —HENT UNIT —T- 11 IXTABL • ■ r 41W . r1r • • • s � APAaTMEXr uNrr 1■x rArE • .a � PARKING Y Y 11. 1111 DENSRr MAX XE10XT. 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INC. 11Y6.i10 326" Clubhouse Clubhouse Plan & Exterior Elevations MSPMA-A17 March 19, 2019 City of Boynton Beach Mayor and City Commission 100 East Boynton Beach Blvd. Boynton Beach, FI 33425 fc ADMINISTRATION: 21 Country Road • Village of Golf, FL 33436-5299 • (561) 732-0236 • FAX (561) 732-7024 SECURITY: (561) 734-2918 • UTILITIES: (561) 737-7995 • www.villageofgolf.org RE: Country Trail PUD, Annexation, Comprehensive Land Use Amendment, and Rezoning Dear Mayor and City Commission: Marc Julien Homes has submitted a request to the City of Boynton Beach to annex a parcel of property, to reclassify it and to rezone in order to build 26 zero lot line single family homes, at a density of 7.8 units, with a maximum height of 30 feet. Planning staff is recommending approval of this request. The Village of Golf, as the adjacent municipality to the west of the subject property, is requesting that this request be denied. As a community of 173 lots on 522 acres or .34 units to the acre and the adjacent Estates of Silverlake with 169 lots on 87.6 acres or 1.92 units to the acre, the density of this site plan is significantly incompatible with the adjacent communities. The City's Comprehensive Plan identifies in Objective 8.5 The City shall coordinate with adjacent local governments to establish joint planning areas in areas of mutual interest. As the adjacent local government, the Village was notified of this proposed annexation and Zoning change on Dec. 3. Had we been included earlier, some of these issues could have been addressed prior to this public meeting. Specifically, we object to the site plan as presented for the following reasons: 1. Access to the 40' R.O.W. which provides access to many other units is too small a right of way for the additional traffic trips. Palmland Roadway may be over capacity. Has the city or county traffic engineer approved the additional traffic on the road? 2. Rear setback includes the buffer tract. The applicant is counting the buffer in the actual lot, which is not typical and reduces setbacks to the adjoining property which is a compatibility issue. The site plan and typical lot detail are not consistent. 3. In Palm Beach County, Rezoning to a Planned Development has much higher design standards for buffer widths, and setbacks are taken from the inside of the buffer. Since Boynton Beach has a different standard, it allows for increasing the density. 4. The applicant proposes using existing fences — adding no additional security or buffer. The fencing is not substantial enough and should be a solid concrete wall at least 6 -feet in height due to compatibility in density and building height. Positioning the community swimming pool adjacent to the property lines for the Village of Golf and the Estates of Silverlake without an adequate buffer will likely result in an increase in noise and lack of privacy for these two communities. 5. Counting driveways as guest parking is not typical. The street is too narrow to allow on - street parking. What happens when the hammerhead is used for parking and a fire truck needs to access it? 6. Two story structures typically have more compatibility buffers and setback distance. 7. Would the developer consider splitting the 50 -foot wide drainage tract putting 20 -feet on the west and 30 feet on the east? 8. The landscape plan shows a very narrow width for the buffer and part of the lot. It is unrealistic to expect adequate grounds maintenance of such a small area. 9. Drainage will likely be an issue for all surrounding properties without greater consideration. While the Village of Golf does not object to the rezoning of this property nor its annexation into Boynton Beach, the site plan as presented is incompatible with the west, north and south surrounding communities and should be reconsidered with greater community input. For more than the last 30 years, the Village of Golf has been in a partnership with Boynton Beach for a variety of services. Wastewater treatment services began in 1985, a fire and rescue interlocal agreement was signed in 1991 and through the Country Club of Florida, the Village uses Boynton's reuse water system, which continues to this day. The Village pays Boynton Beach in excess of $1.2 million a year for these services and continues to enjoy a collegial relationship. We hope that this relationship will be considered as you consider the proposed site plan and comprehensive plan amendment. Therefore we hope you will consider the Village's request that you either deny this application or limit it to no more than two units. We would also hope the buffer and water retention could be split between the east and west boundaries. Sin ly, e��' Christine M. Thrower, MBA Village Manager for Thomas E. Lynch Mayor AA4UV - AA14 �,4t 4,6� FROM THE DESK OF SERRANO HOA BOARD March 18, 2019 City Commissioners City of Boynton Beach Dear Commissioners, I'm writing this letter on behalf of the Serrano Homeowners and HOA Board. In January, your advisory board unanimously voted against this project and -sent that recommendation to you. After hearing all sides on this project, to use the words of the gentleman overseeing the advisory board meeting, "this project looks like 10 pounds of crap being stuffed into a 5 pound bag", not referring to the quality of the homes but rather the entire project. In that meeting we heard from the developer saying the 5 acre parcel in question needs to be annexed in as part of Boynton Beach and needs to be developed. These are wants, not needs. With that said, the advisory board recommended annexation into the City of Boynton Beach, so in its current zoning as a single family residence, the City of Boynton Beach will still benefit from the additional tax revenue. Serrano was carefully planned and with our lake, fountain, landscaping and green space, it's aesthetically pleasing. This new project is nothing more than 2 rows of zero lot homes stacked side-by-side straight back to a dead end. Our roads are narrow and if 2 cars are parked on both sides of the road at the same time, emergency vehicles can't get through. This scenario has happened in Serrano in the past. Since then, we have the guests of our residents park around our lake, on the lake side only. This plan doesn't impede our homeowners from getting in or out of their driveways and it keeps our roads clear for emergency vehicles. The proposed project only has street parking in front of each home for guests, and with homes stacked on both sides, additional parking is impossible. Emergency vehicles will definitely not get through, much less have the ability to turn around at the end of the street. The builder will show 2 car garages and room for 2 more cars in the driveways. This looks good on paper, but it doesn't work in real life. Most Floridians use their garages as basements, leaving their cars outside. Serrano has the same set up and out of the 47 homes that make up Serrano, only 5 homes park their cars in the garage. Currently 20% of Serrano homeowners have more than 2 cars. This doesn't include 4 homes that 40 COUNTRY LAKE. CIR. BOYNTON BEACH, FL. 33436 561-702-9876 are currently vacant. It's inevitable that there will be problems with street parking and and safety in the proposed project. Living in a zero lot line community, our homes sit on a sprawling 1/13th of an acre. If a family of 4 is in the backyard at the same time, it's standing room only. This forces our kids to play in our streets. Although the speed limit on Palmland Drive, the street leading up to our entrance, is 25 mph, cars speed up and down and some of us have been passed by other cars because we are not going fast enough. Boynton Beach Police seem to struggle with keeping speeds down in this area. If you approve this project, Serrano's entrance road will be extended to create another long straight away that will promote speeding through Serrano, putting our kids in danger. Speeding is inevitable because life happens and someone will be late for work, an appointment, whatever and not see one of our kids coming out from between parked cars. Stop signs or speed bumps can only do so much. Speeding cars will be part of daily life. Continuing with traffic, we are concerned that the current traffic study is an old study with updated projected numbers. We never saw any traffic counters on Summit Dr. leading up to the intersection at Congress or on Palmland Dr. There will definitely be more than 52 additional cars in the proposed project and with the additional traffic caused by the assisted living project that's nearing completion, the intersection at Summit Dr. and Congress won't be able to handle that amount of cars. It's already a problem and that's our only way out of our community. The 368 homeowners that surround this project, not including Village of Golf residents, feel that only the City of Boynton Beach and the builder will profit from this project. The rest of us are left to deal with the problems such as added light pollution, noise pollution, traffic and the safety of our kids. In addition, during the first 2 years of construction we will experience the destruction of our roads in Serrano, noise, trash and dust. Although Serrano's main road has an easement with the Bailey property, the intent was for the existing single family residence, not a multifamily PUD. We just found out in the advisory board meeting that the builder would need to tear up 75 feet of Serrano's road to tie in the water and sewer. Aside from destroying part of our road, this would block 3 of our residents from accessing their driveways. We are currently seeking legal advice regarding this easement. Collectively, we contribute over 1 million dollars to the City of Boynton Beach each year in property taxes, not including what the Village of Golf contracts out to the City of Boynton Beach for services. We don't see how this project can be deemed "smart growth", a stance most of you ran on. The only winners are the city and the builder, leaving the rest of us to deal with the problems. City approved projects are supposed to work for all its citizens. This project, if approved by you, will only work for Marc Julien Homes. With so many vacancies downtown and on Congress, across from the mall, this project is not needed. There's plenty of available housing in Boynton Beach. Daily traffic on Congress is already as bad as Glades Road in Boca. Don't make it any worse. This is not the definition of "Smart Growth". Sincerely yours, Darrin Simmons President of Serrano HOA aNcw• wl�� eN ,li�i'[� :1TG 14 tii•� -+,-•A �:.w �' 1i iy h.i.Iw N✓fi.�esisrcFb ,Nw w"w-a" �, � ...i�iY .. '�•N �....�..� w1�r�^� � w1.e *e�aee'. w ...,s.. a ^Mw��'..r ��.r 5M� MT�11. ! ,dili � � .. - w-. •� -. .' 1 �n �n�� sir ,+• .. .-. � w K4w .�, T_ - � �� <'>ar w ,�� rai. +.r•.rY ^• ,Y'1!1 4 i �i: T$-] n +e .�-..�....ea sa i•e..� w � - e F.n'1'.r'ii'..r.+ Ips, fl � '�' n• j, , w � N`.^'4 �'t . .r i, � � w a � f J ti �. • i sw ems! �. v - � ��+..� _ .I� 'J P �• � - ��. � • +..r � w .. •. � rwea w� w:. . 1 .. a .a.a, w.� �'3-=� - .7._.01. 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