Good evening and welcome to a regular meeting of the Boca Raton City Council. It is Tuesday, April 8th, 2025. The time is 6 p.m. Our first item of business is the invocation which I will deliver. May we be ever thankful for the many blessings we have in our strong thriving and vibrant city. Let us give thanks to the many who serve our community, the brave men and women, both at home and abroad who protect our city, state, nation, and our way of life. May we find the wisdom to govern among conflicting interest and issues, the ability to discern the needs of the residents of Boko Ratton, the grace to work together in harmony for our great city. Now, will everyone please rise and join in the Pledge of Allegiance. I pledge allegiance to the flag of the United States of America and to the Republic for which it stands one nation under God, indivisible with liberty and justice for all. Miss Inn's week, please call the roll. Mayor Singer. Here. Deputy Mayor Naclas. Here. Councilmember Drucker. Here. Councilmember Thompson. Thank you for the beer. Councilmember Wickeder. Here. All present. Thank you. Do we have any amendments in the agenda? No amendments. All right. Thank you. The next item on the agenda is review of the minutes. of the workshop meeting of March 17th and the regular meeting of March 18th, 2025, are there any corrections or additions? Mayor, I move that we adopt the minutes as present. Thank you. So move second. Second by Mr. Wheeter, any further discussion? All those in favor, please say aye. Aye. The minutes are approved. We have no proclamations or presentations. So we'll turn to board appointments and the first board for which we're seeking applicants tonight as the citizens pedestrian and bikeway advisory board. I see our applicant in the audience. So if you please come forward, give your name and address, and you've all been to three minutes to tell us why you want to serve. And actually before you speak, Mr. Costiano, does anyone want to, any member of the public who is not an interviewing wish to speak on any of the board appointments? Seeing no one come forward, please go ahead. Good evening, Martin Costiano. My objective is withheld under Florida Statute 119, Mr. Mayor, ladies and gentlemen of the council. Senior staff, thank you for the opportunity to speak. I have been a city resident for over 10 years. I served with the police department for over 20 years and this is another opportunity to serve perhaps bring a perspective that would be useful to the discussions for the purposes of this board and I'm happy to take any questions. Thank you very much. Council members, any questions? All right, thank you for your service. Thank you, sir. As you are the only applicant, it's looking quite good. So Council members, what's your pleasure? Mayor, I move that we appoint Martin Castellanos to the Citizens' Pedestrian and Bikeway Advisory Board. Second. Good. Any further discussion? All those in favor of Lisa, aye. Aye. Congratulations and thank you. Appreciate it. We'll turn to the Environmental Advisory Board. Is Miss Allen present? Yes, there you are. Please come forward. Erica Allen, 5 Northeast, Wave Cressway, Bokertown, Florida. Good evening, Mayor Singer, members of the City Council and fellow residents of Bokertown. My name is Erica Allen and I am honored to speak with you tonight in support of my reappointment to the city of Bokertown Environmental Advisory Board. As someone who was born and raised here in Boca, I cared deeply about the city. It's people, it's natural beauty, and it's future. Over the last several years, I've committed myself both professionally and personally to protecting and enhancing our environment. Serving on this board since 2019, it has been one of the most meaningful ways I've been able to give back to this community that raised me. During my time, I spearheaded the proposal that led to a ban on single use plastics, foam, and confetti on city property and events. This is ordinance 5580. An initiative that passed unanimously. Thank you. Marking a real step forward towards our effort to reduce waste and protect our local ecosystems. I also helped develop the community campaign around the ordinance, working closely with local environmental organizations, businesses, and residents to build support and awareness. Beyond this board, I serve as the environmental program director at Repair the Sea, the only Jewish nonprofit that focuses on marine conservation. And I lead a large scale community cleanup and environmental initiatives. Just last year, we had over 4,000 participants in 30 different countries clean up more than 11 tons of plastic from different sources of waterways, the beaches, parks, lakes, rivers. But my heart has always been here in Boca. As a marine conservationist, underwater photographer, a dive master, who Raylee dives off of our shores, I first hand have witnessed the beauty and vulnerability of our local marine ecosystems. My work is rooted in science, community engagement, and education, and I bring those same values to my role on this board. I am committed to continuing to serve with integrity, energy, and vision. If reappointed, I will keep pushing for practical, community-focused solutions that align with our city's goals and sustainability and resilience. Especially as we face increasing threats from climate change, sea level rise and pollution. Thank you for this opportunity to serve and I respectfully ask for your continued support and reappointment for the Environmental Advisory Board. Thank you. Thank you, Council members, any questions? All right, see you know, thank you very much. On members, we have two vacancies to incumbent applicants only. What is your pleasure? Ms. Rucker. Singer, I move that we appoint Erica Allen and Rachel Bobbitch to the Environmental Advisory Board. Second. All those in favor, please say aye. Aye. Congratulations and thank you. Thank you. We have no applications today for the historic preservation board and we have no applications for the permitting and construction review board. We are looking for an electrical engineer. So please, we had a long time trying to fill the structural engineer position. Now we're looking for an electrical engineer. Please cast a net among anyone you might know who wants to serve and we appreciate everyone who's applied to serve. That concludes our board appointments. We'll turn now to responses to workshop information requests. Mr. Brown? I have no follow-ups this evening from yesterday. Very well. Now we'll turn to the consent agenda. Would any council member wish to remove any item from the consent agenda? No, Mr. Mayor. But I do have a point. Mr. Brown could just refresh our recollection and the public's recollection as to item 9-8-9-F, pardon me, regarding the interlocal agreement for homeless outreach services. Just to remind us what's the story there. 9-F is an interlocal agreement with Palm Beach County for Palm Beach County to provide to the city to homeless outreach personnel who will assist our police department in providing services to the homeless residents in the city, connecting them with services, connecting them with housing, providing social services, and helping us keep track of what's going on out in the field. Thank you. Thank you very much. Thank you, Mr. Brown. Also, I was going to know, but since we're talking about it now, there was a slight revision which we've all seen. It was a technical one based on feedback from the county, but nothing substantive. All right. If there's no other comments by council members and no one wishes to remove anything, would any member of the public wish to comment on the consent agenda only will a public comment on all the other items after. Consent agenda only? We'll close that time. We'll entertain a motion to approve the consent agenda with revisions and not- comment on the consent agenda only. Will a public comment on all the other items after? Consent agenda only? We'll close that time. We'll entertain a motion to approve the consent agenda with revisions in nine F as mentioned. So moved. Second. Thank you, any further discussion? Then Ms. Insleece, call the roll. Trucker? Yes. Nacquist? Yes. Thompson? Yes. Wigter? Yes motion passes five votes to zero. Thank you. We'll now turn to item 10, resolutions and other business, and it's an update on our government campus partnership opportunity. We'll turn to staff. Mayor, we had somewhat detailed update yesterday. We don't have anything additional to add tonight unless there are any questions on specific issues that were discussed yesterday or other issues this evening. Any questions, members? That was an extensive update. We'll open for the public comment. I did receive a card from Jonathan Ungen on this item. Mr. Ungen. If anyone else wishes to speak on the government campus, you can come forward now. Then we'll have Mr. Ungen when he comes up, government campus? Yes, please come up, sir. This is a redevelopment of the downtown area, the sports facilities. Yes, the downtown campus, or city hall campus, please give your name and address, sir. My name is Stuart Thorne, I'm a longtime resident, 1145 North East Fifth Avenue in Boca. I should mention on my license real estate agent. Regarding this project, what I expect to hear is essentially Nimbi talk, meaning not in my backyard, which is the usual reaction from residents to any major development. There is a shortage of accommodation in Southeast Florida and planners are trying to alleviate this problem within field development. A palpable objection to this proposal must be based on a money value penalty to residents. I assess that value as the replacement cost of the existing facility. A project of 9 or 10 acres in downtown Bocord require the acquisition of maybe 40 or 50 single-family homes and a contiguous pattern, probably, over a three to five-year period requiring management, legal accounting assistance, probably costing up to about $100 million. This would equate to about $1,000 for every man, woman and child resident in the city of Bokka. The countervailing point would be explained is that the city would receive a lump sum payment for the grant of a 99 year lease. That would be justified by-present value calculation, but such a calculation I would dismiss as a statistical manipulation. The total development over a thousand residential units, office space, hotel and retail space, should have a retail value in the area of 1 billion. My objection is that residents effectively are paying attacks through the metamorphosis of a community facility into a series of buildings, but we are not receiving a tangible benefit from a billion dollars of an answer. A sports facility for the benefit of residents could be incorporated in this new development, and I would propose that the 99-year lease is placed in a new corporation that conducts an IPO where the investment units are offered by saleable right to city residents and any resident who does not wish to invest can sell those rights and perhaps recover some of the value penalty they will experience through the redevelopment of the facility. Thank you very much. Anyone else wishing to comment on this item? Item 10. Last call. Holly Shuttler, 264 Northwest 7th Court. I've been a resident of Boca Raton, this charming city since 1991, and I'm very concerned that is being destroyed by overgrowth. We've been told for the past seven years by city council members that the present overgrowth and densely population that has come to East Boca was due to prior community redevelopment agency members and prior city council members that they did not have anything to do with it. We are now looking to you to stop the runaway growth leading our charming community to look like yet another concrete canyon. We do agree with with you. We need three new buildings for our city, but we cannot support 1100 more units and a hotel on Palmetto Park Road and second Avenue. I am on Palmetto Park Road every single day, and the traffic is beyond the breaking point. I had to call the police eight months ago because a fender bender caused a 50-year-old man in his Mercedes to beat up a 20-year-old man right there on Palmetto Park Road because the traffic was backed all the way up to the entrance of Old Floresta. It took four minutes for them to pick up my call to 911 and 15 minutes to arrive to break up an actual assault that I witnessed right outside my neighborhood. Nobody fled the scene because we were all stuck in traffic. We have a church worker on Palmetto Park Road that has to drive six miles to work. It takes her 28 minutes to get there. I have a law firm, I have lost two paralegals because their drive on 441 in is faster than coming from Glades Road, East Boga or Palmetto Park Road to East Boga. Our quality of life is not being protected by overgrowth. We are a fiscally responsible city, and we can afford our own city hall, our own police department. We can build it ourselves. We do not need to sell the soul of our city to get a free city hall. I am very much against selling our land and you know in 99 year leases really a sale selling our land to a developer. And finally I was a little disappointed that in that contract you would not put back in the interim agreement that you will not take campaign contributions from this developer. If Tara Frisbee didn't care that it was in there, why did we? Thank you. Ms. Moro, if anyone else wishes to speak we have some seeds in the front row so that well you don't have to wait to get out. Please just take a seat in front of the roadster. No, Ms. Morrow, you can go ahead. Did you want to speak? What? After you. Oh. Hi, Paul Nolan. 624 Northeastern Avenue. I'm not very familiar with the protocol for these types of things, so you have to excuse me. But I got some information from some of my neighbors because I live right there in the downtown area as well. And it is somewhat concerning because it does seem like it's pretty overdeveloped. And again, I don't know if I'm allowed to ask questions or how this protocol works but What would the benefit be to this? This plan is the council have any any benefit that they could Explained us that anyway we would benefit if we live downtown from this This plan is opposed to what we currently have there And mr. Nolan welcome Our practice is not to go back and forth with the question, so make your comments at the end. We'll try to respond to some of these questions and that's one we can certainly respond to. Okay. Well, I would speak to the traffic. The traffic would be, I mean, it's a pretty major issue on Palmetto. I don't know how many people live downtown, but it's a monumental undertaking trying to get home from my kids' school. I think my part-time job It's drive kids up and down Palmetto for hours on hours every day The congestion through downtown is is pretty excessive I Find it hard to believe that there's a benefit to the city if we are essentially Giving up our land to private developers that are going to put in and I could be wrong here 265,000 square feet of garage, 250,000 square feet of office building, 84,000 square feet of retail, 150 hotel, 150 room hotel, and 1100 residential units in that particular area right there and bulldozing the tennis courts that belong to the city I just don't see where there's a benefit to anyone that lives in the city limits Again, I'm not familiar with the protocol. It's battle. I got Thank you Ladies and gentlemen, welcome to our new members. You're free to applaud But we actually ask you hold a pause if someone doesn't get a pause and they feel left out. It also makes them eating a little longer. In any case, Ms. Morrow, and anyone else who wishes to speak, why not come on up? Hello, my name is Judy Mrow, 1305 Northeast Fifth Avenue. First, I'd like to thank Scott Mayer, Fran Knackles, Andy Thompson, Yvette Drucker, Mark Wigther, and George Brown. And in the future, I would like to be on a recreation task force that What do you call George Brown recommended yesterday? also I am trusting the city and Fran Knuckles and Brianna harms and the other people that are working so hard to replace our 10 clay tennis courts and as many as they can on the site. And I'm speaking, I personally have talked to 404 people and I made my copies and so I I have these to turn in of people that care about tennis, that want tennis downtown and we would very much appreciate having tennis downtown clay courts and that's about all I can say right now. Okay, thank you very much. Thank you. Sir, come on up. Is this about the downtown? Sorry, sitting in. Is this about the downtown campus? No. Escape park? Yeah. That'll come up a little bit later. Anyone else wants to talk to the next floor. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. and the hundreds of trees in the present location. We feel it's more important to develop people and relationships than office buildings and retail space. There are other properties in Bokeh, Riton that can be developed for affordable housing and hotels. We have no objections to redeveloping City Hall, the police station, the administration building, the library parking lot, and any other properties east of Second Avenue. We believe it would be a great injustice to remove any recreational facilities from the downtown area. Thank you so much. Anyone else wishing to speak on the downtown campus? Last call on the downtown campus. All right, thank you. Mr. Brown, let me just start our first. Thank you. We've had these, we've had notice this on our agenda since the fall. And we've had a few people. Sometimes no one coming at our meeting. Sometimes a few like you. Sometimes a few more. We value the public input. This is a program. This is a proposed partnership that is very much in progress. I'll turn to Mr Brown in a moment to talk about, because we talk about it almost every meeting when it comes up, what we're doing with recreation and some of the facilities. But I first wanted to talk about, could you or Mr. Lucasse give us an update as we did yesterday on where we are with the next set of public outreach and sherets for the designs please. Thank you Mayor, Council. So our next round of public engagement is going to involve design trots. So they'll involve, design trots can be an extended period of time over a couple days. These are going to be, you know, shorter under duration. So probably two different events where you have two to three hours of design time with the development team. So one is going to be on a week night, one will be on a weekend, probably afternoon on a Sunday, where residents will be invited to come in. We're going to have a limited amount, maybe a hundred or so, just so we can manage the process. But it'll be an opportunity to explore the current plans, get feedback from residents in terms of their reaction to the plan, what some of the desires are, what some of the things they think might be missing from the plan, have the opportunity to start doing some sketching and some understanding of how the plan might be able to be adjusted to address some of those issues, and then ultimately take that data and either incorporate it into the interim master plan that you will receive in mid-May, or continue to refine the plan and inform the plan as we're going forward after the interim master plan is developed, take those design concepts and further refine the plan until we get to a place where we have a master partnership agreement. And just make clear for everyone we're talking later this month potentially for the first or both of them. Yes, thank you. Later this month maybe into into mid May, but those will happen, those will both happen pretty quickly. Very well. And Mr. Brown, could you talk about, we'll just one second, could you talk a little bit about it because we, you've given the update many times about what we're doing, what we've already done with softball potentially, what we're doing with tennis, recreation, the skate park the Children's Museum, the trees, which aren't hundreds, but we want to preserve what we have and just generally about the benefits of the plants here. Thank you, Mayor. With regard to the softball fields, we presently have two fields that are functional. We are working on an interlocal agreement with the Beach and Park District to locate three fields at Sugar Sand Park with a concession stand, etc. So a much better facility than is presently available in downtown. With regard to the tennis facilities, we are working with the Beach and Park District options for Clay Courts East and West in the city. We haven't finalized those yet. With regard to the Children's Museum itself, the buildings buildings, the singing pines and the Rickers house are going to be moved to Meadows Park, where they will function more or less as they have in the past. With regard to Skate Park, the Beach and Park District has expressed interest in locating a Skate Park on the east side of North Park, which is North of your motor road off second avenue. And we will be discussing that with them as part of our recreation master planning, which we're going to discuss at the next regular workshop, which is on the 21st of this month. With regard to the landscaping on the property, we're going to preserve the banyan trees as much as possible. Although one of them isn't pretty sad-shaped as a tree itself. It may not make it much longer. The rest of the property will be densely landscaped and keep as much as we can. I believe that covers most of the facilities we've been discussing. Very good. And this? Is it tennis courts? Was it? Sorry, sir. We don't know back and forth. We'll try to, it doesn't work. Hold on to my question for the next minute. I am not sad, sorry. Specified. We're good. And there's tenets courts. Was it? Sorry, sir. We don't know back and forth. We'll try to. It doesn't work. I'm going to hold on to my question for the next question. I'm going to say it. Sorry. Please. I appreciate it. Okay. Thank you. We're working on one thing. you can feel that because Tara and Frisbee on their plans have already been looking at adding more. Tara and Frisbee are looking at the potential for tennis courts on the property as well as a basketball outdoor basketball. There may be a indoor basketball we're looking at both with that. As I said, with regard to the tennis facilities, we're looking at various options to replace the clay courts that are downtown. If not even possibly increased, but we're working on those. Right? Yes. Okay, thank you. Someone asked about the benefits, all what my colleagues, you wanted to speak in this record, you can't if you want. I'll speak to you. Thank you, Mary. I just had a question from Mr. Locasic. So the upcoming chiroats that are gonna be, you know, you said that we're gonna be limited to a hundred people, which I get, cause all the input, Well, the community have the opportunity to have input online on the design. Or is it because if you're just doing 100 and 150, whoever decides to show up on a weeknight or a Sunday, how are we gonna gather some of the other feedback if you can't make it? Like, are we gonna have like online opportunities or maybe that's a question to ask and bring back to us? No, we can explore the online opportunities, but certainly in our conversations with TerraFersby, we're talking about additional open houses and other opportunities to get feedback. So it wouldn't just be limited to these two design threats, but the design threats are the things are going to happen in the not-to-distant future. So there will be other opportunities as we go along as well. And when you get that information back from those two sessions, that'll be on the website. Like we have everything that's on the website now. At current, I look at it often, so everything will be on the website for the community. Yeah, our expectation is that as that data is being developed, you will have photographs of what's happening at the event will have any drawings that we're capturing. All that stuff will be recorded. all that information will be recorded and posted so that people can see what sort of concepts are being proposed. Perfect. Thank you. That was my question. Thank you. Questions? I'll just ask. Somebody asked about the benefits. I think there are many that are worth exploring and we are still at the exploration stage. First, we have a bright line station which we hope in the next few years will also be a trial rail station that is a gateway to our city and a great opportunity to bring more jobs and opportunities for people to commute better by reducing traffic. That is the underpinning of a concept of a transit oriented community. You've got a city hall and a community center that close down when they're used close down at Friday, Friday five o'clock, and don't create an integrated space that's a destination for residents. If you can think about some of you were here, I know before Meister Park was built and saw how Meister Park could transform one part of downtown, this is the possibility too. The housing, including a component of affordable housing, can also provide, we've asked that the developers make that available to city employees. It can be a recruitment tool and help our police officers, firefighters, other city employees and protect teachers find places to live within the city. And when we're talking affordables, it's really more attainable. There's a higher level there. An integrated use of mix of spaces is, again, I've referred to Meister Park, but similar to that. But by creating a civic square that has a mix of uses, creates a destination for residents, it creates an opportunity to create something bigger than the hole is greater than the sum of the parts. And there are a lot of benefits there. We understand concerns about traffic and change, and those are things that we're looking at now. We will continue to look at the traffic. In fact, of the different proposals, this one was the least dense and the least intense. And that's why I think it found favor among most of us here. And we welcome your feedback and we'll continue to explore. And we invite you to be part of the process. That's why I can't remember any other item where we've had so much agented feedback, so many shurets, and those will continue because we want to define something. And I know that you'll say here no one spoke in favor of this today. There are a lot of people who are in favor of, but they just didn't come to meetings today. So we will continue to explore things and appreciate your being here. Any other comments on the downtown? All right, then we'll move on to item 11, quasi-judicial and related public hearings. And this matter will be governed by the quasi-judicial procedures that are part of the agenda. Items A1 and A2 will be combined because they are interrelated. A separate vote will be taken on each item. The quasad judicial procedures will govern both the matters under the combined discussion. And if item A1 is not approved, no vote will be taken on item A2. So mid-sidenceiddins, would you please read the title of Resolution 45 2025 and 46 2025? Resolution number 45 2025. A resolution of the City of Bokar is owned considering for the approximately 10.0 acre property generally located at 791 Park of Commerce Boulevard. A conditional use approval pursuant to section 28-978 code of ordinances to authorize an approximately 72,400 square foot amateur recreation use in an existing approximately 130,510 square foot office building in the light industrial and research park LIRP zoning district providing for appeal or providing an effective date resolution number 46 2025 a Resolution of the city of Boca Raton considering for the approximately 10.0 acre property generally located at 791 Park of Commerce Boulevard an amendment to an approved site plan planning and zoning board resolution number 99-03 To authorize a commercial industrial multifamily development CIMD including a conversion of the existing approximately 130,510 square foot office building to a mix of uses including a fast casual restaurant with 11,447 square feet of indoor area and 2,570 square foot of outdoor dining, a 72,428 square foot amateur recreation facility, and 46,635 square feet of office space, and B, construction of a 243 multi-family residential units, including 10% affordable and 5% workforce units, with 226 units in an eight-story apartment building with an eight-level integrated parking structure, and 17 units in five three-story townhome-style buildings, together with a technical deviation from section 23-190B, code of ordinances, to increase the maximum length of two parking rows from 250 feet to 296 feet, and considering the abandonment of a portion of a 12-foot waterline easement, providing for a peeler and specifically repealing planning and zoning board resolution number 93-12, providing an effective date. Thank you. And at this point I'll ask Mr. Kaelid to review the quasi-dujusual procedure that will govern the public hearing on these items. Good evening, councilmembers. According to what the City Council's adopted rules and 2-27 of the City's code, each applicant requesting approval, relief for other action from the City Council, shall disclose at the commencement of the public hearing any consideration or payment provided or committed directly or on its behalf for an agreement to support or withhold objection to the requested relief or action tonight. Summary of the quasi-judicial procedures that govern this proceeding is attached to the agenda, and a copy can be obtained from the support. Thank you at this point, all as council members, if they have any x-partake communications, they wish to disclose, Mr. Thompson. On April 3rd, I had a discussion with Ellie Zach Rides, who's counsel for the applicant, regarding the merits of this project. And I believe that concludes my expert to communications. Thank you, Ms. Nackles. Thank you, Mayor Singer. I had a brief phone call with Ellie Zacharitis, and I spoke to John on Jim Briefly this evening. Thank you, Ms. Rucker. Thank you, Mayor Singer. I had a Zoom call this morning for eight with Ellie Zacharias, the project, and that's my disclosure. Thank you, Mr. Wigdury. Yes, I also had a phone conversation with Ms. Zacharias a few days ago, generally about the project. Likewise, a couple days ago, I spoke with Mr. Ungen, generally about the project and zoning in the area. I have visited prior to this application, the property multiple times, just for just visiting private businesses there. So I've been to the property multiple times. Thank you. I also have been to the property multiple times over the years. Mizzakaritis is assistant Kelly Quinn reached out last week to see if she I wanted a schedule meeting. I wrote back to Mizzakaritis and Mizz Quinn asking if there's anything in particular, Ms. Zacharaitis said there wasn't but she wanted to make herself available by questions that concluded my ex-partaic communications with her and with everyone. So with that, if anyone wishes to speak on this item, please rise to the clerk and administer the oath. And if you think you want to speak, you're not sure. You might as well just rise now at saves time. Please raise your hand. Do you swear from that any testimony you may give before this public hearing will be truthful and accurate? Thank you. Thank you, Mr. Brown. Thank you, Mayor Heather Hansen, senior player with the Development Services Department. We'll make the presentation on item 11A1 and 2. Thank you, Ms. Hansen. Thank you, Mr. Brown. Good evening. For the record, my name is Heather Hanson and I have been sworn. The subject property is approximately 10 acres. Zone Light Industrial Park, Lurp, and located in the Arvita Park of Commerce at the northeast corner of Congress Avenue and Park of Commerce Boulevard, just down the road. There is an existing vehicular access from Park of Commerce Boulevard and proposed new access from Congress. This CIMD project will result in a total of 243 rental units with 25 being affordable and 13 being workforce housing units. The existing office building which will remain, this is a photo of it, is approximately 130,510 square feet and will be reconfigured on the interior. I'll discuss the proposed CIMD project in a bit more detail. Let's see. The side of water. The conditionally used site plan and easement abandonment approvals would authorize conversion of the approximately 130,000 square foot office building to a mix of uses, including about 11,000 square feet of a fast casual restaurant with an additional 2,500 square feet of outdoor dining. So that's in this location. We're going to look at the floor plan shortly. 72,000 square foot amateur recreation facility and 46,000 square foot of office to remain. And there are two businesses in there that are gonna take up space on both the first and the second floor. Then it also includes, this is the CIMD part. Should I get this here? The construction of an eight-story 226-unit residential tower with an integrated parking garage located on the west side of the existing office building construction of 17 three story residential units. In there's five different buildings located east of the existing office and then there will be a lot of associated site improvements including eight foot sidewalks and street trees and bus shelter on both frontages. The two accommodate the street trees on Congress, it required some creativity on the part of the applicant because it wasn't really enough space. So the sidewalk kind of meanders in and out and where meanders in, there's going to be a street tree. Along with the site plan, a technical deviation was requested to allow for a maximum parking aisle length of 296 feet in lieu of 250 feet, which is basically similar to the existing conditions that are there now. A technical deviation was required the last time there was a site plan approved for this property. At their December 17, 2024 meeting, the Community Appears Board reviewed the project and voted to recommend approval of the application with the following conditions. Screening to be added to North and West sides of the parking garage, screening to be added for all mechanical equipment, an artistic feature or decorative feature to be added to the West side of the parking structure, visible from Congress Avenue, and parking garage lighting to be shielded so that it does not produce glare on the Congress Avenue. Condition number three was added to the CIMD site plan resolution. The other conditions are already CAB site design requirements. These are what the typical town homes would look like I apologize, but I think I somehow skipped a slide. Let me go back. I must have clicked too fast. Here we go. Sorry. The sports garden. So this is what the floor plan would look like on the first level. The green is all the new recreational use, you know, they're calling a sports garden. The blue are the existing businesses that will remain. And then there's the, this is the food court, and there's a little bar and outdoor dining. The conditional use is required, because that is in the Lurped District and amateur recreation facility is a conditional use. It'll be open to the public and includes a variety of sports courts and activity areas, such as Ninja Court, course climbing walls, minigawft, interactive trampoline, a tag area, aerial assault, soft play, toddler area, lockers. All activities will be located interior of the existing office building. There's also a food court and bar in outdoor seating as I mentioned. All right, sorry about that. Let me skip again. So, staff supports the applicant's request for approval because the project meets the eligibility requirements and development standards for CIMDs. The site plan resolution includes a condition of approval requiring the applicant execute a restrictive covenant agreement as required by the code to ensure 10% of the units which are 25 units are affordable and 5% which is 13 are workforce units for 30 years after a certificate of occupancy is issued. The project will provide an additional 243 rental units in the city with 25 being affordable, 13 workforce. The project is consistent and compatible with adjacent land uses. The project as designed supports goals, objectives, and policies in the comprehensive plan. The project complies with all applicable code requirements except parking lot I-O-Link for which a technical deviation has been requested. So the planning is only board in the development services department. I recommend approval of the conditional use site plan and easement abandonment a subject to the conditions set forth including the revisions that were presented. That concludes my presentation. I'd be happy to answer any questions. Thank you, Council Member Zanne questions. Mr. Wigter. Thank you. Thank you very much for the presentation. Do you know the approximate age of the current office building that's on the site? That's going to be adaptively reused? Hold on it should be in the history. Yes It was 1993 and then it was there was a major remodel 1999 Are there any concerns by the staff that the age of the existing structure will be will be substantially different from the age of the new structures? Not me personally I thought the look of it is pretty contemporary and modern you know that it doesn't look like something built in the 70s or 80s. Thank you. Can you refresh our recollection the definition of affordable housing pursuance of the CIMD ordinance? What does that mean? How is that calculated? It's based on a percentage of the median family income for this area and I believe the affordable concreting is 80 80 to 100%? Is that correct? I'm bringing the chat development services director. The maximum income is 120% of the area meeting income for Palm Beach County. Right, is that so in household size? Thank you. And my recollection is that something like $108,000 for a household? I don't have it in front of me, but that sounds about right, yes. Yeah. Thank you. Since there's a mixture of uses here, is there a shared parking scheme going on here? Yes, the parking requirement is based on a shared parking study and it does look at when the various uses would be in use and it actually they're supplying more parking than required. More than required? Yes. Thank you very much. No further questions. Councillor, there's any other questions? I, one, was Hanson or Mr. Chad. Yesterday, Mr. Unjean raised some concerns about their lack of participation in the circulator that runs from trial. I don't believe it's required by COBA. Can you talk a little bit more about that, please? Do you want to do that? Sure. So there is no specific requirement to contribute to the shuttle in the CIMD ordinance. I know that issue was raised yesterday and I'm in the middle of researching exactly why. I can tell you that when the staff brought a proposal of a framework to the council in August of 2023, it included that requirement. The final ordinance didn't, but it's been, you know, a year and a half, I need to go back and figure out exactly why it wasn't included in the end. That was a specific decision made by the Council or not, and I have to come back to you with that answer. Yeah. But this proposal would have no new office, it would actually reduce office and replace it with other uses, such of which that don't necessarily are and is consistent with the current usage of the shuttle, right? That's right. I mean, the shuttle is primarily, I think it's fair to say, used by office users who are accessing the Tri-Rail Station, not to say that residents couldn't use it, but historically this has been an office park, so those are the primary users of the shuttle. Any other questions? If not, we'll open up the public hearing. We'll invite the applicant to come forward first. You'll have up to 20 minutes. Please give you, Heather, for your very thorough presentation. Thank you for loading. I will be very brief. Heather, to note the location, it is approximately 10 acres. These are the types of projects to be honest that I love working on because you're taking an existing building and that is under utilizingizing the property and really trying to infill that development in lieu of building in the Everglades, for example. So these are the types of projects that I love and that's exactly what we have here. We have 130,000 square foot office building that's located directly in the center of the site with just surface parking completely surrounding it obviously underutilized. So the application before you this evening is for a site plan amendment to allow that CIMD and a conditional use approval for the amateur recreation use. This is a colored landscape plan and I'm just going to go through it I picked west to east. I'll just go through it very briefly. We are proposing to fill in that surface parking lot to the west with a 226 residential development that will be eight stories. Within that 226 units, we do provide the 10% affordable at 23 units and 12 units of work force, which equates to five and that work force, Mr. Richter, would go up to 140% of the AMI, where the affordable is up to 120. Abutting it and connecting to it is a parking garage that's also eight stories, although slightly shorter in height as you don't need that same amount of clearance at 541 parking spaces, moving briefly and quickly to the east, we are taking an existing office building and repurposing it. So we do have that very large restaurant component and amateur facility and some office will remain as well. Heather already went through that. And then further to the east to be completely transparent, this is my favorite part of the project. We are proposing 17 town homes that will activate and but the El Rio Canal, which I do think was the desire of many of the council members. So super excited about that and I also, I could be wrong, but I believe this is the first CIMD project that does propose a townhouse project. I think giving the community that opportunity as well to have a townhouse versus an apartment building is a nice amenity for our residents. And those will be three stories. The garages are to the rear, so to the west, we really wanted to ensure the front of the units are facing the El Rio Trail, again, to activate. Just some miscellaneous, this is my miscellaneous slide. We have eight foot sidewalks on the proposed, on the south, east, and west. We have street trees all along the perimeter. We are asking for no variances. In fact, our only ask is a technical deviation, and that is an existing condition as it relates to the parking row. We're a little bit longer than what code requires, but again, that is an existing condition. Mr. Wicter, while we did avail ourselves of a shared parking analysis, we are proposing 62 parking spaces in surplus of what code we require today. This is not very typical of me to stand up here and tell you that we're adding more parking than is required. But we have very high hopes that our amateur athletic facility will be very successful. And we're hoping that on the weekends, when all the residents are home and their cars are parked that there is ample parking for people to come to the amateur facility as well. Again, no variances, so I don't need to go through this. We've met all code requirements. We have met in staff's opinion and our opinion, we have met all the criteria of the site plan and staff recommends approval similarly with the technical deviation staff recommends approval. Conditional use we've met all that criteria and staff recommends approval. Please go a little slower. people are trying to read at I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. DMD criteria. copy and paste their recommendation of approval for each element, whether it be the site plan that conditionally used the technical deviation or the CIMD criteria. I've never been asked to slow down, Mr. Mayor. I find that hard believe in your career or give me a speed of talking, but that's okay. All right, and so some pretty pictures. I absolutely love the design, HDA Architects, Alice D. Angeles, design this building. And so this is on the corner. This is obviously the eighth story multif multifamily that is we'll sit on the corner of Park of Commerce and Congress. Is that correct? Let's go back to slides please. The building on the left side that's the garage and it's got cladding to make it look better than just a garage. That's correct and we're still going to continue to work work with staff based on CAB conditions to beautify that West facade as well. Thank you. This is the drop-off entrance, which would be facing east. And these are the town homes. Again, this is facing east, so this is the west facade. Like I noted, the garages will be on that west facade in order to activate the east on the El Rio Trail. And hopefully people will utilize it. And with that, we're here to answer any questions. Thank you,man for any questions. I do could you talk a little bit more about the recreational user and the restaurant use? Will the restaurant be separate so people in the neighborhood or people anywhere can drive to the restaurant and not go to the recreation? So it is part of part and parcel of the interior but it will absolutely be open to public. So if you're not interested in playing pickleball and you just want to have dinner, that is absolutely a possibility. So let me see if this works. Okay, so this is the food court that we're looking at. And this is outdoor patio and then a bar and seating. So we are absolutely you can come and just eat but you would be walking through the facility. I'm frozen. Sorry. You would be walking from here through, I mean not too much, Mr. Mayor, but yes, you would have to walk through the facility to get to the food court. Got it. All right. Mr. Wigter. Yes, you can leave this page. I know everyone has the best intentions, and I might not be familiar with everything, but can you explain what aerial assault means? Oh, I cannot. I cannot. It would be, I assume it's some sort of recreational thing I am sure it is it is above my pay grade I apologize please do can you explain do you know the other features it looks are these tennis courts are these pickle pedal what over here we have pickle ball we have pedal over here we have golf there is area. I'm sorry, I'm getting old. So it's hard for me to see. There's a climbing wall. There's an aerial assault, whatever that may mean. I know there's like some baseball over here, a ninja course. There's, has anyone been to extreme sports off of 95? It's similar to that, it's obviously not as large, but it will have that same type of feel. Thank you. I think he knows what Ariel salt is. Oh, John Donaldson, J&D Engineering 127734, till Boulevard, it's gonna be an augmented reality type of situation, so that's kind of what we're looking at here with the goggles and everything. With the goggles. Okay. Thank you. Thanks very much. Can you go to the slide on the eastern side of where the townhouses are? Sure. There was a kind of a rendering of the people walking. Sure, yeah, of course. Something like that, right. So on this side, I guess on the eastern boundary, there's no vehicular traffic outside the front doors of these townhouses. All vehicular traffic will be in the rear, kind of like a new urbanism concept, and this will be just... That's correct, and that was on purpose. We did not want vehicular, we did not want vehicles abutting the El Rio Trail. We wanted people abutting the El Rio Trail. Very good. Thank you. I'm very much in favor of the adaptive reuse of these properties. And my compliments to the design team to infuse this and to have this mixture of uses. I know Professor Merlin at FAU, who's literally dream was bicycle-oriented development adjacent to the El Rio Trail many, many years ago. And this being the first one comes to fruition. So well done on this. I will add, I did speak with Lewis Merlin on this and he was quite excited. Thank you. Thank you very much. Thank you. Please. Thank you, Mayor Singer. Thank you, Mr. Ciaritis. Just like Mr. Wigger said, I love the urban and feel. and like you're filling up an area that's not there. Of course, for those of you that are listening or watching or in chambers, a real trail, if you take your bike on it, you could get to the trial rail. So, the urban and feel and like you're filling up an area that's not there. Of course, for those of you that are listening or watching or in chambers, a real trail. If you take your bike on it, you could get to the Tri-Rail. So you could literally come out of this townhouse, take the bike, park it in the bike rack, and get on the Tri-Rail as a Tri-Rail user, as a bike user, as a writer of a real trail that we just went on a bike ride recently, Miss Naclas and I, for bike month. I love the fact that you're able to have one of these communities here in Boca. They are happening all over the country. So I absolutely am a fan and for sure, I'll be supporting this tonight. Thank you. Council members, any other questions? For what it's worth, I think aerial assault be like you see at extreme action park where there's it's like an indoor Zip-lined harnessed ropes course for kids where you move from station to station I'm seeing some examples like a climb zone is another name for it But that's what I'm gonna guess it is based on the other uses there would seem to be consistent My kids have done done it. Any other questions? Ms. Acawitis? All right. Well, thank you. Thank you. We'll continue with the public hearing. I did receive a card from Jonathan Ungen. Jonathan Ungen, 65-01 Congress Avenue. So let me start off and say I am fully supportive of this project. I think that some thoughts need to be given though and I don't know if you can put up the slide of this parcel. That'd be great. But my concern is, and we're not giving this property owner or this city potentially what's best for this land, which would be not necessarily just a repurpose of this, but maybe they would want more development. However, they're capped at the units per acre and I see my map there. So where this whole development is happening is literally on a sliver of what looks to be a quarter of these 10 acres. We are putting 243 units on two acres or so, three to two and a half. So, the reality is, that's the only way that this could be economically feasible for this developer is to do it on a highly and Council Member Wigger, you asked the question appropriately. The bigger concern, and I wish you were on council, was the one across the street, an amtech. Old archaic that you approved 277 units going on another existing parking lot. So as opposed to converting these parking lots, why don't we look at a unit per acre count in this part of town where all the development pretty much of the future should be, where you have all these older outdated office buildings as opposed to completely continuing to oversaturate the downtown that people, after people, after people, after people come out and complain about every project you do, I will be the only person probably speaking tonight. Nobody ever has a problem with any of this. So I'm sure this property owner would love more units per acre. I want to also talk about the transit program because I think it's a racket. I don't think this property owner should be contributing to a transit program. You have a bus that basically nobody uses, that the city is contributing over a half a million dollars a year to run, as well as the property owners who developed under PMD, another half a million dollars, a million dollars to run a bus that basically nobody uses, where you have the circuit in the downtown that is half the cost, a quarter of the cost of what this city and these property owners are paying towards a shuttle that would provide much better service for the people in this community to not have to wait in the rain outside of office buildings for a shuttle that could be waiting in the office building or at the residential to get picked up like an Uber. So, again, I've only stood for streamlining things, making things that make sense and improving things and costs to the taxpayer while creating a better environment. The only thing I ask that I heard you, Mr. Mayor, bring up, and last point is that parking garage. I do strongly believe it is right on Congress Avenue. You know, you got the Louis Vuitton building in New York that they're doing construction on exterior wise. You know, you could do something nice that looks like another building or something as opposed to a parking garage. That's right on Congress. That's my only you very much and this is very welcome thank you anyone else wishing to speak right would anyone who's participated in the hearing like to cross examine anyone else with the applicant like to conclude with a summation she is indicating by nodding her head horizontally to indicate no that she will not, so that will conclude the public hearing. And council members will entertain a motion first on resolution 45, 2025. So moved. Thank you. Thank you. Any further discussion on this? All right. Then Ms. Siddins please call the roll. Wickeder. Yes. Thompson. Yes. Singer. Yes. Nacklas. Yes. Drucker. Yes. Motion passes five votes to zero. Very well. And we'll now take up resolution 46, 2025. Is there a motion to adopt? So moved. So moved. I'll give it to Ms. Nacklas on the motion. Mr. Wigter on the second. Any further discussion? Then all of the, excuse me. Naclas? Yes. Wigter? Yes. Drucker? Yes. Singer? Yes. Thompson? Yes. Motion passes five votes to zero. Very well. We'll now move to item 12 regular public hearings and Ms. Siddins. Please read the title of ordinance 5725. This is the second of two public hearings on this matter. Ordinance number 5725. In ordinance of the City of Booker, it's on amending the city's comprehensive plan, future land use element, policy LU 1110, to add private transportation facilities to the list of major semi-public uses as principal permitted uses in the institutional PI, future land use category, providing for severability, providing for appeal or providing an effective date. Thank you, Mr. Brown. Thank you, Mayor. Jim Bell Long Range Project Manager with the Development Services Department is going to make the presentation on ordinance number 5725. Mr. Bill. All right, thank you. Good evening, Mayor and City Council members. Again, Jim Bell with the Development Services Department. The item for your consideration is the adoption of a city initiate tax amendment ordinance amending the city's comprehensive plan, future land use element policy, LU-110, to add private transportation facilities as a principal permitted use in the institutional or PI future land use category. The ordinance will allow for a privately operated veritaport to be located adjacent to the Boquerotone Airport at the research park at Florida Atlantic University which has a PI feature land use category. As was discussed at the previous City Council's Transmittal meeting for this Texan amendment held on February 25th, the Planning and Zoning Board on January 16th reviewed this amendment and recommended approval in a five to nothing vote On February 25th the city council voted five to nothing to transmit the applications at the state of Florida's Department of Commerce for their review and other state of Florida agency reviews Now for some background this text amendment ordinance Private transportation facilities are comprised of physical amenities necessary structures and improvements that allow for the movement of people and property for individual use, rather than for the public. A veritiport can either be, is a transportation facility and it can either be a private or public facility depending on whether it's operated by a private entity or a public entity. Is a designated area for landing takeoff and servicing a vertical takeoff and landing aircraft. And veriports are an emerging component of urban air mobility, which is the transportation of passengers and goods by electric aircraft. If approved, this ordinance will allow for any type of privately operated transportation facility in the institutional PI feature land use category. And that would include such uses as airports, veritaports, rail transit station, bicep facilities, and multi-use pathways. In terms of review of this amendment by the State of Florida, on April 4th, the State of Florida Commerce Department completed their review of this text amendment. The Florida Commerce Department had no comments. The Florida Department of Transportation or FDOT provided some technical assistant comments and basically stated that the city should become familiar with FDOT advance air mobility information and documents. And the city should continue in its coordination with the airport regarding airport compatibility with any proposed vertebrae port, citing locations, in proximity to the airport, in preparation for regulating, permitting, citing, and managing these facilities for electrical, vertical, takeoff, and landing. In conclusion, private transportation facilities are consistent and compatible with major semi-publicly-use, public uses is a land use that is consistent Such as multi-purpose public assembly areas both public and private and large private schools Which are currently permitted uses in the institutional future land use category The ordinance will allow privately operated transportation facilities on properties in the PI category That will also serve a broader community need including by not limited to airports, airports, rail stations, bicycle facilities and multi use pathways. The ordinance allows the city to adapt to emergency technologies and changing circumstances in the future movement of people and property. And finally, the ordinance advances urban mobility goals by facilitating sustainable and innovative transportation solutions that promote new jobs and economic opportunities. And as such, the ordinance furthers the city's vibrant economy strategic focus area in the city's strategic plan. Now that concludes my presentation. Staff recommends that the City Council approve this compliant tax amendment ordinance. And as such, adopt this tax amendment into the City Council approve this comp plan Tex amendment ordinance and as such adopt this Tex amendment into the city's comprehensive plan and I would be happy to answer any questions that you may have Thank you council members any questions Mr. Wigter Thank you With respect to this are there any pending applications? proposed applications or preliminary discussions for use of this resolution of this ordinance? Not at this immediate time there were previous discussions as was mentioned the presentation with the Florida Research Park to have one privately operated one located adjacent to the airport But staff has not received any subsequent applications or had any conversations further to that effect. Thank you very much. Thank you. Other questions? All right. Thank you. Will open up the public hearing. Anyone wishing to speak on this matter? Last call on ordinance 5725. All right. We will close the public hearing. We will entertain a motion to adopt. Do I hear motion? So moved. Second. Thank you. Any further discussion? Well, we're preparing ourselves for transportation of the future. Let's see if it gets there. Missedance. Thompson? Yes. Singer? Yes. Wickedard? Yes. Drucker? Yes. Motion passes five votes to zero. Terrific. We'll now move to IDG amendment ordinance 5732. Would you please read the title. Ordinance number 5732. And ordinance of the city of Bokariton amending ordinance number 4035. The Bokariton downtown development of regional impact, DDRI, Development Order, as amended, specifically the Downtown Quality Development Regulations to modify the established architectural base standards for certain applications for downtown quality projects, providing for severability, providing for appeal or providing an effective date. Thank you, Mr. Brown. Thank you, Mayor Chief Planner, Tommashmian Ramon will make the presentation on ordinance number 5732. Thank you, Mr. Brown. Thank you Mayor Chief Planner Tommashmin Ramon will make the presentation on ordinance number 5732. Mr. Ramon. Thank you Mr. Brown. Good evening Mayor Councilmembers. My name is Tommashmin Ramon Chief Planner with Development Services. Tonight I'm presenting the in-term design guidelines amendment for the downtown development of regional impact or DDII regulations. To give you a little background, the IDG was enacted in 2008 to provide an alternative to the 1992 design guidelines that was established with ordinance 4035. The IDG regulations, they allow for an increase of height of up to 140 feet. That is subject to specific criteria, including greater articulation of buildings, varying skyline and other design characteristics to provide a diverse and vibrant atmosphere, superior architecture and strong pedestrian orientation. And a project that is submitted pursuant to the IDG is referred to the Downtown Quality Project. The proposed amendments will amend architectural standards, specifically the standards requiring bays with these projects. The current IDG standards are very precise, so this will provide some flexibility, especially for some of the more contemporary buildings that the City Council have wished to see in the downtown and that we are currently seeing with our development projects. It includes alternative design solutions so that any future projects with unique circumstances, such as those with an irregularly shaped lot, those projects can seek this alternative design solution. And the proposed amendment is consistent with the recent amendments that were to support design flexibility in the city's downtown. The planning and zoning board of recommended approval of this proposed amendment and staff is also recommending approval of this proposed amendment. The city's design consultant for the downtown Miss Caitlin Forbes is here this evening and can answer any questions you have and this concludes my presentation. Thank you. Thank you. Thank you, Council members, any questions? I won, Ms. Ramana. It wasn't in your presentation, but it's in the staff report. I remember the concern years ago when that long building on East Palmeau Park Road came up, I believe at the time it was Archstone. I know it's since changed names that it was very long and it looked like I had one facade. Could you just tell everyone that these amendments also have a requirement that you're breaking up with the appearance of a building if it happens to be longer than 100 feet? Right, so with the IDG, it is repeated throughout the package that it is to prevent a monolithic structure. And there are a set of requirements that prevent that from happening so that there's multiple ways that pedestrians can be engaged to the building. And the proposed amendments is still consistent with that requirement. So it's supposed to look like a series of smaller buildings at the ground. Exactly. Very good. All right, any other questions? That if not, we'll open up the public hearing. Anyone wishing to speak on this item? Last call, we will close the public hearing on ordinance 5732 and we'll entertain a motion to adopt. So moved. Second. Thank you. I'll give it a wigter and necklace in that order. That's and then any further discussion. I'll just say we've come a long way. There were days that there were you know there were a number a number of concerns with the IDG and I think staff over time has now improved things and again we're trying to reflect back on lessons we've learned from some of the first projects and these are improvements. So I intend to support it. Any further discussion? Then missudance please. Singer. Yes. Naclas. Yes. Drucker. Yes. Thompson. Yes. Waiter. Yes. Motion passes five votes to zero. Thank you. Please read the total of ordinance 5733. Ordinance number 5733. And ordinance of the city of Boca Raton authorizing the city manager and city clerk to execute a non-exclusive construction and demolition. C&D. D, debris collection and disposal services franchise agreement with Wasteline Solutions, Inc. Pursuant to Section 14-21, Code of Ordnance. instruction and demolition, CND, debris collection and disposal services franchise agreement with Wasteline Solutions Inc. pursuant to section 14-21, Code of Ordinances, providing for severability, providing for a peeler, providing an effective date. Thank you, Mr. Brown. Thank you, Mayor. Lauren Burek, who is the Deputy Director of Public Works and Engineering Department, is going to make the presentation on ordinance number 5733. Mr. Burek. The department is going to make the presentation on ordinance number 5733. Ms. Bjork. Good evening, Mayor and City Council. I'm Lauren Burak, your Public Works and Engineering Deputy Director. Pursuant to Section 1421 of the City's Code of Ordnances, Waysign Solutions, submitted an application to our department for construction and demolition, C&D, disposal services. This proposed ordinance will authorize the mayor and city clerk to execute a non-exclusive franchise agreement with Wasteland Solutions Inc. If you remember from the last meeting, we currently have nine active franchise agreements in place now with the city. This will be the 10th. Along with all the other C&D haulers, the new vendor will pay an annual fee to the city plus 15% of their monthly gross revenues. As mentioned before, their total revenue for C&D franchise operators last fiscal year was just shy of a million dollars. The application met the minimum requirements set forth in section 14 to S21, therefore staff recommends this ordinance. Any questions? Thank you, any questions? All right. Seeing none, we'll open up the public hearing. Anyone wishing to speak on this item? Last call on ordinance 5733. We will close the public hearing. We'll entertain a motion to adopt. Do I hear a motion? I move to adopt ordinance 5733. Thank you. Second. Thank you. Second of his necklace. Any further discussion? Is Sidness, please? Dr. Rucker. Yes. Naclas. Yes. Thompson. Yes. Wickeder. Yes. Singer. Yes. Motion passes. discussion. Is it in please? Trucker. Yes. Naclas? Yes. Thompson? Yes. Wigter? Yes. Singer. Yes. Motion passes. Five votes to zero. Very well. We'll now turn to regular public hearings for settlements. And would you please read the title of Resolution 51 2025? Resolution number 51, 2025. resolution of the City of Boca Raton authorizing the settlement of a claim by Michael Williams. Case number 502022 CA012544. XXXM, excuse me, XXXNB, providing for severability, providing for appeal or providing an effective date. Thank you, Mr. Brown. Thank you, Mayor. Pursuant to city code, any litigation settlementif excess. Excuse me, a $50,000 requires approval by the city council by resolution. Africa, careful consideration of reliability and damages analysis in the matter of Michael Williams versus the city of Bookartone. Prepare by the city's outside council and previously provided to the council members. Staff supports and recommends approval of a negotiated settlement agreement in the amount of $175,000. I'm happy to answer any questions. Thank you. Council members, any questions? Seeing none, we'll open up the public hearing. Anyone wishing to speak? Last call. We'll close the public hearing. We'll entertain a motion to adopt. Adopt resolution 51-2025? Mayor, I move that we adopt resolution 51-2025. Thank you. Second. Second. Thank you, Mr. Wigter. Any further discussion? Then, Ms. Siddins, please. Wigter. Yes. Thompson. Yes. Singer. Yes. Naclos. Yes. Drucker. Yes. Motion passes. Five votes to zero. Very well, thank you. We've now reached the time in our meeting for public requests. I do have about half a dozen cards. So when I call your name, please come forward. Give your name and address. You'll have up to three minutes. Anyone who didn't submit a card can come forward and speak to. If you're on the aisle and you want to come out, there are plenty of seats in the front row on both sides. if you want to get closer, but George Myers and Molly Forman first. Stand right there. Put your feet right there. Good comfortable. That's your podium. Um, yeah, there they are. So let me just make sure I know how to work this bad boy here. Okay, so got my little one here with me tonight and uh Myers 435 North East 15 Teres Thomas Hanzbroah was the magistrate that ordered all this stopping especially these dumpsters he has since passed city continues to let it happen more trash behind our home city continues to let it happen those dumpsters are supposed to be in Corralids are supposed to be closed. More trash, this is all recent. This is the sign we've had to hang in front of our house for over 65 days, hoping that we would end up in front of a magistrate so we could tell the truth. This is what's going on behind our home. If you were to zoom in on the digital photo, you'll see the chemicals there. You see the woman with the gloves working there. She's spot cleaning, all the laundry every day, all day. The chemicals are happening. This is one machine that you guys put in the permit application, but you don't have any product specifications, no decibels. You know that that's supposed to be done for all the equipment and they, all the new equipment. I've asked for it several times. This is what's going on. We have an industrial dry cleaners and a residential zone, a B2B4 zone. That's some of the machinery. That's the boiler room that all the equipment's supposed to be in. This is where I went to the building department this morning. Mr. Brown and your staff told me that there is no denied approval for this permit. I of course had a photo. I just wanted to box you guys in again There is a denied approval notation. You had the person wave or withdrawal that permit James Batesyam and his architect Doug Muah want to make sure I get that last name right and You had him withdraw that permit and then reapply under the same permit you ignored those notes and the person you went to because you got the denied approval was a plan reviewer that was on his death bed and you got him to sign off on these plans. Again, the equipment, there's supposed to be two videos here. I'm not sure where they are. There's supposed to be sound with those videos. I was told that at 3 p.m. today. It shows the gases and the steam.'s what I'm looking for so maybe I didn't flip far enough So this you'll see that it says 300,000 because that's what James Baton asians lawyer admitted here But you have a $10,000 permit You'll also see that the fire inspector notated CFM over 2000 which is a very loud machine. It'll shake the whole building and that's what it's been doing to us. Sense the inception of this permanent in 2223. Again there's no product specification, nothing, no decibel, no size dimensions. You just torture us. I don't slip, okay? We got a little time here. I wish I could fast forward but you're gonna see the steam. It'll only take a second or gas. Steam is a gas. Again though you already saw the poisonous chemicals on the shelf with the worker back there. Pouring out and hidden behind the grease traps that they installed. Just come and come and come and come out. And I need one more video. Let's see if we can do it for seconds to spare. Can we get that one to play? There's more steam. That's where the spot all day long. And it's so noisy. You guys have no idea. That's what drew our attention to all of this is the noise. My wife will explain more. I'm at a time. Three minutes or less, Mr. Singer. Pretty good, huh? You reduced the time for me from five to three mention my name. No sorry I didn't but if you want a little more time I actually have a question for you so you don't know what time the slide you showed where a little more time, I actually have a question for you. The slide you showed where there was a $10,000 and then a handwritten notation of $300,000. What is that? James Batmaziam's attorney was in here defending what they had done for us back there. All this great work they had done for us because they moved the illegal perk equipment out of there. And she said, I said something about 100,000 because that information was disclosed to me. And she said, no, it was 300,000 we spent. So these are all tax dollars that we're supposed to collect on. It's supposed to be a triple fee, three and a half percent. Times the 300,000 at a triple fee is really what's owed to, well, the citizens. Plus all the other illegal stuff you guys are doing. All right. This for men. Hi, good evening. Molly for men for three five northeast 15 terrorists. Some city laws that are being broken by carpept city officials, including municipal code 28-797K1, laundry and dry cleaning pickup shops, self-service laundry, including coin-operated laundry machines, and in fully enclosed buildings, dry cleaning and pressing establishments, which use only non-toxic and non-flammable floor carbon solvents and equipment, which requires no venting or fumes or gases into the atmosphere. Also municipal code 19-80, one and two. One is permits presuming to give authority to violate or cancel the provisions of this building code or other ordinances of the city shall not be valid. Two is the permit issued shall be construed to the license or proceed with the work and not as authority to violate, cancel, alter, or set aside any of the provisions of this building code or the Florida building code. So with that information, all of this and provided in his presentation, there's now sufficient information to open a criminal investigation into the assault using chemical gases against my child, my family, the city as a whole. These owners have already been found guilty of using perk for over a decade illegally in the city, which I know you guys probably remember us in here frequently a little while back. I'm requesting a police officer to take this presented information and contact me after I leave the podium. At a minimum, chief code officer enforcement, enforcement officer Doug Sheety, James Matmazian, Marta Batmazian, they allow this Dr. Johnson, Dr. Johnson, Dr. Johnson, Dr. Johnson, Dr. Johnson, Dr. Johnson, Dr. Johnson, Dr. Johnson, Dr. Johnson, Dr. Johnson, Dr. Johnson, Dr. Johnson, Dr. Johnson, Dr. Johnson, Dr. Johnson, Dr. Johnson, Dr. Johnson, Dr. Johnson, Dr. Johnson, Dr. Johnson, Dr. Johnson, Dr. Johnson, Dr. Johnson, Dr. Johnson, Dr. Johnson, young child here, Mr. Brown. Could you just respond? I know we've got new information and just talk about what we'll do. There's new information provided. We'll follow up on that and follow up in the normal course of code enforcement. All right, and I know we have what we just saw tonight. So, all right. Thank you. I'm sorry, the rest of the cards here. Bill Trinca, and then Joe Majes, and then Steve Temsky. I have a good go over it, Roxane is gonna. And then Joe Majes and then Steve Temsky Is gonna hand out some leaflets to the council and city manager, please my name is Bill Trinca Long-term resident Year lived in this city Just wait for the trinca Thanks. And anyone else who has things to hand, we'll take them from the clerk's office that way. You have one? I think we'll the next floor. All right. You can start again, Mr. Trinca. My name is Bill Trinca. I live at 4097, northwest 5th Avenue in Boca Raton. I've lived in this city almost 55 years. I grew up here and enjoyed quite a bit. The first page you have there, it shows the condition of the boat ramp. It's unsafe and improperly maintained. The second page is the back of my head after I fell yesterday and got eight stables to close that wood because of that lack of proper maintenance. I pay $200 a year to launch at Silver Pem Park. You need to do bet. I want to help with that. I'm just getting around the interval. I'm just like, number two, the nonsense about changing the flag needs to go away. Those of us that have spent our lives here, leave a little bit of hope, thank you. the and our lives here leave a little bit of hope and hope here for us. Okay? The third page is a letter made received by October 22nd of last June and let the hours of love set and love sleep. It seems an accuse enough, like maybe the city would be heading to the media for a turn late. It was sent in by his I lay out to the Nile 4 of the property owners that received that letter even bothered to come out for a meeting. Mr. Trinca, can you make sure your microphone's on? Okay. Press the bell so that the leg comes on. Okay. Thank you. When I got to that meeting I was told they were looking to close off Northwest 28th Street crossing and put my property on a dead end street. I almost fell out of my chair. I realized right then that if 28th Street was closed off, I and other property owners and businesses in the area would suffer a significant negative financial impact. I find that unacceptable. The fourth page is a letter I received notifying me of a public meeting. This again went out to four property owners on North West 28th Street. It should have gone out to all the property owners and businesses in that area that would be impacted. There were no signs, no notifications sent or posted for the general public to come in here with a city had to say at that meeting or voice their objections. I believe this was done to avoid the pushback you would have received because not one of a hundred people I spoke to once that crossing closed off. At the public meeting, Mr. Dessart told us how the city had negotiated the requirement from three closures to two closures and finally to one closure to open Jeffrey Street. immediately filed a FOIA request for documentation of that requirement to no negotiation. After several weeks, the only thing that came from that request was that the city would be applying for a permit with FDOT. I sent emails to all of you. I asked for documentation of that negotiation between the city and whatever authority had jurisdiction about the closure. That was on January 16th. It was well over two months before I finally got a response from the city manager. That was March 26th. Pages 5, 6, and 7 are copies of those emails. I send a request out to everyone I could think of, including FEC, FDOT, and all our state representatives. Sadly, I received little response. The only thing I could find related to the closure is included in the email. It was FDOT section 1457-012. There it has a possible closing as one of the things to be considered to open a new crossing. It is not a requirement. Please read that page. It's the last one in the stack. After additional emails, Georgians got responded. They disagreed with me, but did not provide anything that relates to who the city negotiated with, or what document contains the rule about multiple closings. I filed an additional FOIA request on March 28th, and has yes, have not received any response. This whole thing has been terribly disappointing. I know you want to open Jeffrey Street, it's been talked about for 70 years, so it's not like it needs to be done immediately. We need to do some serious negotiation. I believe that you're really trying to slide this thing through without public knowledge. People will look to cross 28th Street as usual, show up there and find it closed and have to use Spanish River Boulevard or Northwest 20th Street. That'll cause further traffic and delay. At this point I have to believe there is no requirement for the closing of 28th Street or you would have applied to me those documents months ago. USR representatives need to take another look at dividing the city in half at 28th Street at a time when we were experiencing explosive population growth and increased traffic in the downtown area. This is especially important that you slow down, take another look at this situation, because apparently there is no documentation and no regulation that actually requires this closing. Thank you. Wishing you a speedy recovery, Mr. Trinco. We'll deal with that separately, but I'm sorry to hear of the entry. Joe Majes. Good evening. Joe Majes, 254 Northeast 5th Street in Boca. I'm here on an item tonight that's quote, not a must have for the city, but something to consider, of course, in regards to the proposed flag redesign that was announced on March 31st along with the group of residents that deeply care about our city and everybody's spoken to issues tonight that deserve valid recognition to Bill's point and everybody else's. Council is stated they're seeking input on seven flag designs that are proposed by NAVA and NGO out of Boston which claims to be the world's largest organization of flag enthusiasts and experts. According to NAVA and Mayor Singer, Boca Raton has failed to meet the quote, high standards of flag design due to the fact the city seal was present in addition to concerns about a lack of simple meaningful symbolism and the fact the flag cannot be read from a distance. A few comments. First, what authority are revesting in Nava to dictate what our flag looks like? Second of all, all of these issues that have been raised are actually non-issues. First, the state of Florida, the third most popular state in the country has a seal on the flag. That's not an issue. Can't be that big of a problem. Second, our flag is absolutely symbolic. As noted by Mayor Singer on December 9th, you have the green for the parks and the blue for the water. So, you know, that's something there. Third, the issue of the flag being able to read was cited as being an issue hundreds of years ago for ships. It's not an issue now in the age of digital navigation and GPS. So quite frankly, the stated goals of a fresh, inspiring design that show a sense of community and identity are not met whatsoever. And if anything, the proposed designs only contribute to ambiguity and confusion by failing to represent the city of Boqueratone its history and its residents and we talk a lot about history, we're in our 100th year. We should focus more on that now than ever. And our questions are pretty simple. Why is this important and why now? It's clearly not what the citizens want and the March 31st Facebook post that you guys put out which most people actually took as an April Fool's joke, there were 262 comments, all but three were in complete opposition to the flag. In response to one question, questioning whether the city would listen to what people were saying, the city responded, quote, yes, the city of Boqueray-Tone does monitor this thread and we appreciate hearing from our residents. Your feedback is valuable when we are taking this information under consideration. Our message is simple enough, enough of the madness, enough of the distractions and enough wasting taxpayer dollars. Let's focus on solving the real problems that I've been up here before talking about. We have crime, we have homelessness, we have traffic, we have over development and the rampant out of control. And we're going to sit here and talk about, let's put a new flag that honestly looks terrible, just to be quite honest, it looks horrible. At all five of you, I appreciate the fact that you asked on December 9th for public comment, and you encouraged it. Well, we're all here, we're listening, and I, you know, we hope you're listening too. Thank you. Thank you. Applause. Steve Pempsky. Mr. Pempsky. Mr. Pempsky. I'm going to try my best Pedro D'Arfino. Oh, Mr. Pempsky. Are you Mr. Pempsky? Yes, please come on up. Then up you, Pedro DeFino and Stewart Thorn. Good evening, Mayor, City Council members and community advocates. My name is Steve Tamsky. 6690, Canary Pound Circle, Boca. I'm here today to speak about the approval of the North Boca Skate Park, the Boca Return Parks and Recreational Center. This is a huge milestone for our community, and we're excited to see this project moving forward. However, the next important step is securing the funding that will make the vision a reality. Securing the necessary funding is a vital to ensure we'll build a Skate Park that is truly serves the needs of the community. We have made incredible progress with the approval, but without the proper financial support, we risk having the resources to, we risk not to have the resources to create a facility or community deserves. That's why I'm here today to urge the Council to prioritize the funding needed to bring this project to life. Properly fund escape park will do far more than provide a recreational space. It will serve as an opportunity for youth, fostering health and development engagement in connection. It will create a safe environment where kids can active build life skills and form lasting relationships. As you know, we have faced a gap in the local skateboarding facilities since the closure of the Huxold Public Skate Park in the private vloggers run Skate Park. For two long kids, they not have a proper place to skate. I can speak for person experience, growing East Book of Rotten. I encounter the same challenges having to travel out of the city to skate. Eventually, they inconvenience letting me to stop away, step away from the sport. But as of recently, I just found how the Joy of Skateboarding can impact my life and many others. Moreover, with skateboarding now being recognized as an Olympic sport, the potential for local youth to develop into competitive athletes is greater than ever. The Skateark is service the foundation for local's future careers. In closing, I respectfully urge the City Council to be generous with the funding with us for the ScapePark. With your support, we can create a space for the East Booker Don't Community that has been missing for so long. Thank you. Thank you. Hey, Hi, good evening. Mayor and distinguished council members. My name is Pedro Del Fino. I live in 2371 Northwest 33th and Boca Raton. I have been a resident of Boca Raton for 25 years. And I'm here today to on behalf of the Skate Park that I'm happy to say that the parks and recreation committee voted yes unanimously to have a new skate park on the, whatever the location is going to be. I just want you to keep an open mind and think about our children here in Boca Raton. Think about the young families who can take their children to have a fun time to be outdoors, to be independent, to be safe. And please work with the Parks and Recreational Committee and provide the funds necessary that we need for that park. So thank you very much for your attention and remember, think about the children of Bocca Raton de Future. Skateboarding has become a leap sport. There's a lot of potential. You may not see it now, but you will see it later. So please fund the new Sk park, work with the Paisca Recreation Committee, and thank you. And Stuart Thorn. Oh. Very nice to meet you. Very well, thank you, Mr. Thorn. That concludes my cards. Anyone else wishing to speak under public request? Thank you. Thank you. I'm forward. Grab some seats in the front if you like. So thank you. OK. My name's Tony for Litchy Arty. And I live at 2006 Northwest 48th Avenue. I'm here to talk about the Skate Park as well. And I wanted to real quick just ask everybody that's here for the skate park just to stand up so you can see how many people are here for the skate park. This was last minute we had a meeting yesterday with the park and rec board and everybody showed up tonight. So it's just a small sample of everybody that's here. But anyways, I have two boys that grew up skateboarding. They went to Boka Park a lot. We were there for camps and contests and all kinds of different things. And there's this huge passionate community that's gonna lose the park when it closes for the new city development. And so I really think that investing in a place for them to call home is really important. That park was open in 98 in honor of Tim Huxhold who really believed that kids deserved a safe place to skate and unfortunately he wasn't there to he lost his life before the park was dedicated to him but now with that park closing you're erasing possibly a legacy of this guy that really did a huge impact for a lot of kids I know the Del Delphinos group skateboarding there. A lot of kids have gone pro, have become industry leaders, have grown up at that skate park. And it's just really important to serve our community. And so now with skateboarding and Olympics, it's growing, there's more and more people involved. It's not just skateboarding, it's all-wheeled sports, there are adaptive sports, there's all kinds of different things. And that park was outdated, we have an opportunity to do something better and bigger. So just a little background on me and my family, we ran a skate park for a decade and a half here in South Florida. And so we really saw the impact of skateboarding. And so now we teach steam education through skateboarding and surfing. And we're able to teach physics and architecture and engineering and all kinds of different things through sports like skateboarding and surfing. And we've been really successful. We have over 450 students this semester. And those are home schoolers and unconventional schoolers. We have students have gone on to be architects and work for companies like Louis Vuitton designing shoes because of their background in skateboarding. So it's been pretty awesome to see what skateboarding's done. And on top of that, it opens up all kinds of career pathways, whether it's video or design or any of that, but it also is really good for mental health and for teaching kids things like resiliency, which is really important when in the future, we don't know what careers these kids are gonna have. They become innovative, they look at things differently. So I really wanna ask that you really prioritize making a new skate park something that you budget for And keep this going. I think it's gonna be something many generations will use in the future And I just think it's a very important thing. It's also become a Destination for a lot of people so if you have a good skate park like Jack's and the Lermiami people come from all over world to skate it. So it can bring a lot of income in. You have families traveling. So now with skateboarding in the Olympics, you have families going all over the world, whether it's Arizona, I know. Subby just went to Arizona to skate a contest and they fly all over to do this. So South Florida has, skaters had been in the Olympics, we have tons of pros, but we're one of the most underserved areas in the country for, per capita for skaters. So it's really important that they have a place to go that safe, free, and accessible for everybody. So I just really asked that you think about that. All right, thank you. Before you go, hold on. If you'll stand there, I have a question. I have a question too. All. All right. Thank you. First, thank you for coming out. We have tried to reiterate that we have plans for our Skate Park as Mr. Brown said earlier today in North Park. We understand it's important. One thing I was asking Mr. Brown before, I'm not aware of what the Beach and Park District said last night. Could you or anyone else who has information was referenced earlier that there's a funding shortfall? Was there some specific number or shortfall discussed? They're just talking about generally. So just generally we're asking for funding for it. I mean they built a lot of leaven in Miami about seven years ago now and at the time with a lot of people donating their time and funding it costs three million dollars. They just built the Jacksonville Park underneath the Causeway in Jacksonville. That costs $7 million. And the good thing is it's concrete. There's lots of longevity. The design's very different than it was in 1998. So it has multiple uses for multiple sports. I just, we go to meetings over and over again, and everybody's adding more pickleball courts, but there's no skate parks for these kids. And if they are, they're prefabbed, or designed by playground companies and not skateboarders. And so it's a big joke that we say that no skate parks better than a bad skate park. And so I think we really need to build something state of the art that brings people from all over the world here to Boka. And so that was that's what I know it's a big budget but it would last forever. You know. Thank you. Mr. Wuerger. Could you have a follow? Yes. Oh I have another question. Yes. I'm very excited. I've spoken to Mr. Lundy at length and trying to learn about all-wheeled sports. So my understanding is obviously it's not just skateboards. It could be, let's call it, I would call it, growing up BMX or something. Wheelchairs, there's blind skateboarders, there's amputees that skate. It's super scooters, BMX, roller skates. It's used by all kinds of people. And my understanding would be like a skate pump track. So it would be kind of like a trail. Yeah, so they have transition, which is like more curved ramps, street mimicking street things. So hopefully kids aren't skating the street as much and doing that. And then pump tracks are another thing. There's a lot of different aspects, but you can't incorporate all those into one park. And then obviously connected in the North Park with the new bike trails, it seems to be synergetic, right, that it'll kind of go together. But just kind of one technical question, because we had a discussion last night on e-bikes. And I wonder what's the feeling in the skate community about like e-bikes or participating in these, is it more safe, is it less safe to people not look at these things? I have none of that. Because they can go very fast. Yeah, I haven't ever seen a park with e-bikes or the motorized skateboards before. I think that adds a whole another dynamic to the park. So I think, I mean, most, now the Florida state statues, I know Tim Huxhold was fenced and all that, but now skateboarding is listed as a recreational hazard sport, so it doesn't need to be fenced. It can be, you can post rules instead of having somebody there. And skateboarders are really good at regulating themselves. If somebody came in with an e-bike and was going all over the park and getting in people's way, the skaters would tell them to stop. I mean, it's just, that's how it works. But we're super fortunate that Florida is one of those states. So if you get hurt skateboarding on public property, the city can't get in trouble for it. It's listed as an at-risk sport. It's like riding your bike through the city. Thank you. Thank you for appreciate it. Anyone else? All right. Any other questions? Any other speakers? Thank you. Yes you. Thank you. Thank you. Thank you. Thank you for appreciate it. Anyone else? Sorry. Any other questions? Any other speakers? Thank you. Yes, please come on up. You want me to put this down? Yeah. I've got to see a closer. Anyway, do we have a hand-held mic for the gentleman so we can see him, please? If you'll just, you can stand a little bit away, we can't see you at all and we'd rather be able to have a conversation. You can like right here so they can see your face. If you come up a little forward yeah perfect thank you can everyone see they're great. That's fine. Hi welcome. Hi I'm Astrid Caponera and I live at 840 Milaga Drive in Bogota. I've been skating for years, and I'm heartbroken that you guys decided to tear down the Bogas skate park. I think the right way is to go is not to destroy, but help. The skate community build, build something bigger and better. We deserve your money to do this. Skaters are creative, don't give up, and they certainly the second big best family I have. Well, thank you for your... Thank you. As we said, please don't be heartbroken. We're working at...we're looking at all these different options, and we understand even if you weren't out here today, this is important. This was on our list before you all came here today, so you're welcome still. Good afternoon. So my name is Rachel Bennett. I live at 152 Northwest 12th Avenue, and I'm here also to encourage the city to support the Bokeh Beach Park District and efforts to build a new skate park. Since the city has no plans to replace a skate park in the current location. We are seeking support for the skate park at the North Park project. The board passed exploratory like resolution yesterday to examine the feasibility of adding a park to the plan and they desire the financial support of the city. I think it's only fair if the city is going to repurpose that the skate park should be replaced in another location because it's a beloved part of our city. My son is a senior at Bocahue and he has been skating there since he was a kindergarten or a Addison Meisver. I've grown a sad on those bleachers from six o'clock in the afternoon to nine o'clock at night while he was all in elementary school. And there's a whole community of skaters and they are gonna miss that little park and deserve to have something bigger and better built. Thank you. We understand, thank you. Anyone else wish you to speak? David Ferrari 1052 Southwest 17th Street. I'm mostly here just to give support for North Park funding. I think it's pretty important that we look. I mean this is just from the Sun Sentinel article from 1999 when Tim Huxold first opened. And he thought the city should offer an option for kids that didn't fit the typical athlete mold. He heard about kids who hung out without a good place to skate or skateboard and he wanted to make sure they had a place to enjoy the sport and not get hurt. And I'd ask if we're going to consider tearing down Tim Huxold and possibly not replace it, give the allocate the funding for a new vital FreeS park. Then I think we'd necessarily be wondering what's changed. Do we think nowadays maybe it's okay for children to be unsupervised and unhelmed it and risk being skateboarding in front of cars? Because I think denying them a skate park that is open to the public will lead to that. Thank you. you You don't have to worry about the hypothetical mr. Ferrari. We have said that we want to see one so And please tell your other friends that we were you're giving us information here, but we are we're working on it. Yes Hi, my name is Evan Bennett and I live at one fifty two northwest 12th Avenue and I want to echo in some ways what my wife has said. I do want to add how important this could be to the city. We were really disappointed a year and a little over a year ago. We all met at the library to hear about the first plans for what was going to be built downtown. And there were a lot of people from the tennis community and a lot of people from the skateboard community who showed up and expressed support for this. We were really disappointed when most of that downtown plan and the downtown plan did not include any of that not only because we're going to miss the skate park we felt like it was a bad move by Voka to simply turn things over to hotels and apartments and leave little recreational space. I put thousands of miles on my car driving to skate parks all over Florida to support my son in skateboarding and we've seen the economic value of those things to these cities. Jacksonville has been mentioned but I'd encourage you to go to Jacksonville Beach or West Melbourne or any number of cities here in South Florida that are in Florida throughout the state that have these parks. They don't bring just the kids in the neighborhood. They bring people from all over who will spend at the hotels, who will do that. So if you want to view it as an economic tool, that's great. I'd also encourage you to view it this way. The city didn't make a plan for building another skate park and it appears that the beach and parks district is going to help you by providing tennis courts and other spaces. The skate park should be part of that and if you simply fund them with what they need they'll run with that to encourage that and they want to take, think of it as taking it out of your hands to let them worry with the details. Then look at it that way and it's money well spent on your part. So thank you. All right, for the comment, Ms. King. Mr. Cousado, if you want to speak, just come on up now. Thank you. Go ahead, Ms. King. Welcome. Hi, my name is Diane King and my address is protected under state statute 119.071. I've lived in the Book of Teton since 1958. Hi, my name is Diane Kang and my address is protected under state statute 119.071. I've lived in Boqueray Town since 1958, attended elementary and high school here and was very blessed to be able to work for the city of Boqueray Town for many years. I'm here tonight to speak against the change in the flag. The city flag is a history of Booker Tone, and I feel it's, deny it's its rights. Residents both full time and seasonal know this flag and represent our beautiful city of Boka. With the adoption of a new flag, the flag would be costly and unnecessary city expense to taxpayers because you would have to replace all the flags at city buildings. You have plans for a huge city hall, community center, memorial park field, tennis court, many residents, a fawn, memories of growing up here in Bokeburton. The flag is in the past and we would like to keep it that way. Please do not replace our flag. Anyone else? Mr. Kaisato? All right. Good afternoon or good evening. My name is Dave Scrayback. My address is also protected under the same statute. The Miss King repress us, said, I did not prepare any comments, but after hearing some of the others, I decided that I would like to get my opinion out there. I'm also against the flag, and it's not because I'm against change. I know Mr. Thompson fairly well, and I don't ever speak bad against the city. I work for the city for 25 years as a police officer. I know Mr. Brown and several others up here. I don't go against a lot of my friends. They're against all the building. They think that everybody, all they care about is money. And that may be true. But the flag, I don't even care if you changed it, but those designs were absolutely hideous. The fact that they actually made it to the final seven was embarrassing. I would be embarrassed to wear that on my sleeve as a police officer. I wore that symbol for 25 years, and I think you'd be better suited if you literally made like a challenge to the youth that get on our tri-rail every day and go to the school, the Drifus school up in West Palm. I promise you we had a police officer for the city of Boga that went there. He could draw far better than that company. I don't know what you paid them but we should get our money back because it was appalling and I ask that you withdraw that proposal and we keep our flag the same or at least get a design that we could maybe vote on and have it look halfway decent. And with that said, I'll end my comments on the flag. And I just want to say as a former police officer that I see all these skateboarders here. And I know I believe you're going to get it done, but it is very important we always yell about the kids with being in their phones one thing we know about the skateboard community that's not them They're out there. They're safe in that environment. You take that away from them They're going to be skateboarding through my zone of park parking lots schools and that's where they get her and civilians and everybody else get hurt Thank Thank you for your time. Thank you. Mr. Casado. Good evening, Juan Casado, North, 55-16 North, it's 7th Avenue. I wasn't planning to speak about this, but as I heard them talk about the skate park, it actually touched my heart because I have four kids of which one of them is already pretty old, but he went to that park for many, many years. I spend endless hours with him in that park, and I think that park should stay in downtown. I think it's part of the living in an urban environment, being able to have your kids in downtown while you go to myzner park, whatever you do in downtown, and they're skating in there. I think that should be part of the open space that we have in the plan. So my comment is I recommend that we, when we talk to the, to the consultant that is designing the master plan, that a part of the open space, that skate park should remain there. All right, thank you. Anyone? Oh, yes, welcome. No, please, come on. First run, yes. My name is Karen Hingson, and I also have an address protected by the Florida State Statue 119. I've lived in Boca Raton pretty much all of my life, since 1958, went to all the schools here, and so did most of our family. And I just think that's a part of our history. It's the Spaniard ship going into the intercostal. I mean, that's how we have our name, because that is our symbol. And those other things were really terrible. I just think they weren't, I don't know how they came about them, but I just please keep the tradition and the history of Boka and don't change our flag. I have Paul Nolan, six two four, Northeast third Avenue. I was just gonna complain about the community center, but I'm gonna jump on the flag band wagon as well. That's the damnest thing that we're seeing. I mean that, that is a very ugly flag. I hope we didn't pay for that. Our flag's nice. It's historic. I mean, on that note, that's hideous, guys. That's bad. So my concern, the main reason I'm here is the community center of the skate park, the ball fields. What does the city gain out of this? So I see condos going up. I live right in town. I see condos going up everywhere and that's private land owned by private people and they can sell it and they can build and whatever is long as they're within code. But this is a pretty large section of land that, I don't know how often you guys do that community center, but there's a pretty large older population that plays cards there. This is a pretty well utilized community center, community center, the ball fields. Sugar stands park, I coached Little League for 10 years. My youngest daughter is gonna start softball. I was really looking forward to just driving a couple blocks to the fields, because Sugar stands is not downtown. The kids that live downtown, that's not downtown. That's, you know, that's, that's going west of, of fairways. Kids that live downtown, they can't ride their bikes there. They not safely. So I don't know, it would be nice to know what is the benefit to the city. If they demolish this area and they build and they add all these people, we already have, not a terrible homeless problem, but we have one, my lovely wife was attacked a few weeks ago, which was unfortunate. Most of them are very nice people with felon hard times, and I don't judge them at all. But we do have a problem with homelessness. We do have a major problem on Paul Metta with traffic. I think a lot of us live in Boca because we don't want the problems that Miami and Fort Lauderdale have. And if we bring in this large volume of people and the city's not getting any benefits and it increases traffic. We don't want the problems that Miami and Fort Lauderdale have. And if we bring in this large volume of people and the city's not getting any benefits and it increases traffic, it's gonna increase trim, it's right crime, it's right next to a train station. We're bulldozing, I guess I'm gonna get on the skate park, gang bandwagon, since they're all, we're bulldozing their skate park, and there's no proposal to relocate it anywhere were in the actual downtown area. So these kids, like this young man over here that spoke, they clearly doesn't have a license, the little boy, you know, if he lives a company. to relocate it anywhere in the actual downtown area. So these kids, like this young man over here that spoke, they clearly doesn't have a license, the little boy. You know, if he lives a couple blocks in the skate park, he can get there when he's, you know, 9, 10, 12, 13 years old. Where's he gonna go? So I would just like to know if anybody knows if there's a benefit to the city. Is there anything the city's gaining from this? So if there is a benefit or I like somebody proposed that maybe they put the plans online and they allow people to see, hey, because I want to be objective, I don't just want to come up here and complain as I'm sure you guys are playing that. Actually, I know you get plenty of that. But it would be nice to see it online, see the proposal, maybe it's a great idea, maybe you guys have taken all this into consideration. But from where most of us sit, it doesn't seem like there's any benefit to the residents of the city. So thank you. Thank you. Anyone else would like to speak under? Yes. Celia Glasser, one, two, three, one, four, Malarose Way. I actually live West Boca. I'm one of the families that unfortunately we lost the West Boca skate park and I know it was privately owned. I have a skateboarder who doesn't usually look like a skateboarder, she's also a goofscaught. I have to say that we need a skate park for the kids who aren't really competitive sports. It's a community of kids that, and adults that go to a skate park and they all support each other. They'll look at a four-year-old, a seven-year-old. for the kids who aren't really competitive sports. It's a community of kids that, and adults that go to a skate park and they all support each other. They'll look at a four-year-old, a seven-year-old, a 50-year-old, trying to learn to trick, or learn to skill, and they'll help each other out. It's a community. They need a place to be. I notice that on Westboker when we lost it, We have a lot of kids out there just cruising around when no place to go and getting up to mischief. A kid who plays baseball can throw baseball on any field. A kid that's a runner, a track and field runner can run down the street and you guys like look at them and that just running down the street. But a skateboarder on a parking lot, they look like they're up to mischief. So I really hope that you actually involve the kids in the designing. You know, anyone can design escape park, a skate park that's designed by kids that you maybe speak to surf skate science. My kid is part of that program. She's a homeschool kid. She's really developed confidence, balance. The kids learn a lot of science and I think involving the skateboarding community would be a really beneficial. Thank you. Hello. My name is Elizabeth Gaffney. I live at 10482 Marina Way. I just want to introduce myself. Andy, I believe I have interviewed you once. I recently graduated FAU with a bachelor's in journalism. I am not freelancing for the Palm Beach Post. I just want to introduce myself if I have a reach out to you guys. So Elizabeth Gaffney Palm Beach Post freelancer, please look out for my emails if there's any preferred way that you prefer me to contact you, whether it be phone number, or if you'd rather I just walk up to you and talk to you. Please let me know. Everyone prefers to be contacted differently. But also I'd like to commit everyone who's speaking today. This like to thank you for your time. I would like to thank you for your time. I would like to thank you for your time. I would like to thank you for your time. I would like to thank you for your time. I would like to thank you for your time. I evening everyone. Minister Charles Kotlin, 1150 Northwest, 13th Street, Boca Raton, Florida, 33486. Three concerns. A gentleman was up here just speaking about the homelessness here in Bokehler, Raton. It has grown dramatically. I work boots on the ground with people like Andy that shows up on Saturday to work with our homeless population and Mark over there. And we're having an increase that is devastating. What are we going to do about it? When you think about homelessness, a lot of people think about drug addicts and alcoholics. But we got people that's working. A man with five kids living in the car, working at a car dealership with his wife. Because his landlord increased his property or his by 30%, he can't afford it. And now him and his children are sleeping in their car. That's a concern of mine and it should be a concern of this whole community. You got veterans that are homeless. I am 100% disabled American veteran. I know I did at one point to be homeless. Another concern of mines is a lot of people don't know it but before Boca Raton became Boca Raton there was historic Pearl City. We want to try to reserve that area in his historical value. That's a conversation for another day. Lastly, but not least. I lived right around a corner from Bokeh Regional Hospital. I went to their emergency room on several occasions. And sometimes I had to wait three or four hours trying to see a doctor. There's another emergency room at Boko West, which is about 25 minutes from my home. 25 minutes from my home. I think we do need in another emergency facility. I just found out that they're wanting to do one right here on your motto. I think it's necessary. Bokeh R is growing dramatically, and people, especially elderly, get sick, get in trouble, and they be waiting quite some time to see a doctor. So I am in favor of the emergency room on your model. God bless you, everyone, wonderful evening. Anyone else wishing to speak yes, sir? Thank you, minister. Hello. My name is Max Hamis. 172-0 Parkside Circle South. And I just want to talk about the skate park and I have confidence going forward that the new park will be built. But I want to share some additional benefits that are often overlooked. One of these, or most of these, happened actually in the brain of skateboarders. So obviously skateboarding has a great impact on the community, relationships, friendships, but also there are many mental and cognitive developments that happen during skateboarding. There's already a study being conducted in Germany who I contacted and had a Zoom call with the people running that study and they have realized that skateboarding has lowered the effects of ADHD in children. So it was a 14-week study but there are often there are also many other things. One of these being neuroplasticity and neurogenesis. Neuroplasticity is when there is the formation, or not the formation, but the new connections and rewiring of the brain. This helps children and everyone in general become more able to learn quickly and adapt. And I know that you guys are all very interested in the future of Boka and having the smartest children and the brightest future. And neurogenesis is the formation of new neurons in the brain. Now, all of these will help our children become smarter. They will help our children learn quicker. Their brain's adapt quicker. And they will also help our children become more competent in schools. And of course, less on their phones. Thank you. Thank you. Anyone else wishing to speak under public request? Last call for public request. If you already spoke sir once. Sorry, you get one bite at the Apple store, but it's okay. You can reach us after the meeting. No, no, no, it's okay that you missed us at this lecture now. We have plenty of other times for you to communicate with us. You can send us an email, call us, all the rest. Yes, sir. Hi, thank you for your time, Mayor and the commission. I'm gonna withhold my address from that 119. just tell us your name though please. Mark O'Smith. Thank you. So I've been a resident here in Boca Raton for over 40 years when to Verde Viking, Bocahai FAU. And I've got some kids. And obviously we've got the skate park here. But and I do believe that you guys are going to build another one or make the one that we have presently better. But the condition that it's in, we travel all the way to Miami, Jupiter, Jacksonville to go to those skate parks. So what I'm up here requesting is your funds to make the skate park that hopefully we build here even better. Not better than theirs because it did take a lot of money obviously you guys heard from Tony. But you can't put a band-aid on it. So if you guys do build one, we do need your funds. Like Tony also said, a bad skate park is worse than no skate park. So yeah, so we just need your help with that. We'd really appreciate obviously there's generations. There's a lot of people that weren't able to come to this meeting today that were at the one yesterday. Skateboarders up to 60 years old all the way obviously up to like the little kids. and even the delphine knows you guys might not know a lot about them but like they're they're daughter and son they're like the the the the wades of basketball I mean these are big big time worldly known skateboarders. Another skateboarder up in, in deer field, not too far away. And he's pretty much like the number one skateboarder in the world. And a big contest coming up in two months I were really excited about, which is in Miami, SLS skateboarding, which is the main tour.. There's going to be skaters from Japan, obviously Brazil, all over the United States. Miami is a destination, so they're going to pick something like that. But just to say, you know, how what a great impact it is on so many families and kids. Obviously, you guys are hearing that but again, we need your funds. That's the key. That's why I'm here tonight. So I appreciate your time. Thank you so much. All right, thank you. Anyone else wishing to speak under public request? Final call for public request? All right, no, sir, I've already said one bite. That's it. We'll close the time for public request. I'll have Mr. Brown respond to some of the items that we can't necessarily respond to every individual comment. We've already responded to some, but we appreciate your being here, Mr. Brown. First of all, I notice that the trinkets have left with regard to 28th Street. It is clear to me that the rule that Mr. Trinket I was talking about has criteria. And one of those criteria is to the requirement for a closure of one or more public railroad highway grade crossings to offset a new crossing. We have had numerous conversations with the FDOT and the Florida East Coast Railway, who is the owner of the railing question. The initial conversation we had was a discussion of three crossings to one. It was later two crossings to one, and we were through several months of conversation with FEC and FDOT able to limit it to one crossing for one opening. That's the background on that. We were very pleased to hear that the Peach and Park District is considering having a new skate facility at North Park. I had not heard before that they were seriously considering something specific. We had had general discussions about the potential of a skate park replacement at North Park, either on the east side or the west side. It's good that they're talking about the east side. We need to get more detail from them as to what kind of funding support they're looking for from the city. We don't know what that number is right now, and we don't know exactly what the design would be. So it's early in the early stages. I want to make sure that everybody understands that the city has committed to replacement of the skate park, that is part of what we are going to do as part of the redevelopment of our campus for the government center downtown. We will be communicating with them. The mayor made a suggestion that the Parks and Recreation Board should weigh on this as well. And I think that's true. We should have our Parks and Recreation Board, which is an advisory body to the City Council way in, as well as the Beach and Park District, which is a separate governmental entity. So we'll work together to come up with a solution. And it sounds like the Beach and Park District has come to the table with a potential solution so that's a good thing. I don't need to say. I think I'll turn to you mayor for the other items that you were going to talk about. Thank you. Thank you for joining here. Just on the flag and I know Mr. Major saw because he watched the meeting not everyone will have seen it. I'd proposed this after seeing hundreds of other cities in several states redesigned their flags. Just for the record the cost to taxpayer so far has been zero. Nav has a nonprofit who volunteered their time even the prototype flags that I showed at the meeting I paid for out of my own pocket and some of the flags flags that made the website too were at the suggestion of city staff and an outside consultant has already been working on branding for us called MeritMile. We are getting feedback from our website. It is broad-based. It's probably a little more positive than social media. There are most things in real life compared to social media, but we will take in all of that comment. And just as an example, and I need to show the slides now and I can if anyone wants to see it I'll make it available. We'll probably talk about it again. We'll put it up then. I got comments to people expressing incredulity of like when they saw the the snapshot on social media. How could that be the city flag? It looks like the flag of who's beckist on with the same stripes or Sierra Leone, which it does. Not everyone is first in many things about the city as Miss King. So while you may know it, Miss King, not of others do. And at the end of this exercise, stripes or serolione, which it does. Not everyone is as first in many things about the city as Ms. King. So while you may know Ms. King, not all of others do. And at the end of this exercise, we'll see what happens. The goal is to get community input and pride in our flag, and if the pride already exists, great, we'll see it. And if people think I have other ideas, we'll see those too. So it's about community engagement. And there's There's never a bad time to engage the community, and we appreciate your engagement on skate park and other issues. Any further comments on that? If not, that concluded public request we let me just get there we have no introduction or ordinances and before we get to our quasi-digital matter I'm going to suggest that we take a ten minute recess. Oh please but we wanted to speak before then. Actually had I just wanted you to make one more comment on something that was that was brought up. The one gentleman suggested that we put the plans for the government campus. Thank you. And can you? I meant to say that. Yes. I was suggested that we put the plans for the government campus there and talk about the benefits. They're on our city website. Go to myboco.us. We have a large page with not only the plans, all of the submissions, all of the financial terms that have been proposed, the timelines, a whole range of information. We are trying very hard to get out information here. We've never had so much information. I think I'm one issue. Mr. Brown. The website also includes the request for the proposals that we received, which has background as to the reasons why we're seeking redevelopment of the government campus. Yeah, so it's all there. We try to be transparent about everything. And so it's there too. You can also go to bokeh100.com if you want to get some city Centennial merchandise and show your bokeh applied another way beyond our flag. Any other requests or responses or requests, all right. We're gonna take a 10 minute recess as we prepare for our quasi-adishial meeting, you're free to stay, but if you'd like to go home, have a good evening. Thank you. We'll be back in 10. We're going to take a 10 minute recess as we prepare for our quasi-adishial meeting. You're free to stay, but if you'd like to go home, have a good evening. Thank you. We'll be back in ten. Thank you. I'm going to be a little bit more careful. Thank you. I'm going to do a little bit of the same thing. I'm going to do a little bit of the same thing. I'm going to do a little bit of the same thing. I'm going to do a little bit of the same thing. I'm going to do a little bit of the same thing. I'm going to be a little bit more careful. Thank you. I'm going to be a little bit more careful. Thank you. I'm going to be a little bit more careful. I'm going to be a little bit more careful. I'm going to be a little bit more careful. I'm going to be a little bit more careful. Thank you. Thank you. I'm going to be a little bit more careful. Thank you. you you you you you you We have resumed the City Council meeting at 824. Our next item of business is quasi-judicial public hearings for variances and appeals. I'll first ask Ms. Siddins to read the title of Resolution 34 2025, which has been renoticed and continued from the March 18th 2025 regular meeting. Resolution number 34 2025. A resolution of the City Council of the City of Boca Raton considering an appeal of the planning and zoning board resolution number 2025-001, which approved a site plan amendment for an approximately 3.0 acre property, located at 1,0001 East Telecom Drive to authorize construction of a 10,860 square foot free standing emergency room and related site improvements including three technical deviations one from section 23-192 D2 code of ordinances to reduce required driveway reservoir reservoir distance for the westernmost driveway on East Helicom Drive from 25 feet to 13.74 feet. Two from Section 28-1655, Code of Ordinances to reduce the required number of vehicle parking spaces from 120 spaces to 82 spaces. And three from Section 28-1651D, code of ordinances, to increase the maximum number of reserve parking spaces from five spaces to nine spaces, providing for a pillar, providing an effective date. Thank you. We are now returning to resolution 34 2025, involving the appeal of the planning and zoning's approval of a site plan amendment and three technical deviations for the property located at 1,001 East Telecom Drive. This matter was the subject of an extensive quasi-judicial public hearing held on March 18, 2025 and continued into the morning of March 19, during which both parties presented evidence, testimony, and argument. The hearing was formally closed in the early hours of March 19th, and the council continued the matter for deliberations to this meeting. To assist the council in its deliberations and give in the passage of time, the city invited both parties to submit written recaps of their March 18th presentations. Both parties did so, and those documents have been included in the record and distributed in advance of this meeting. The hearing record is ordinarily closed at the conclusion of the public hearing. However, due to the passage of time, the nature of the written recap submissions, and an abundance of caution to ensure due process, we will begin tonight by reopening the public hearing for the limited purpose of allowing brief additional presentations. Each party, including city staff, will be afforded up to 10 minutes to address the council's part of this limited reopening of the public hearing. These presentations will be limited to the representatives of the appellate, the applicant and city staff. As always, the council retains discretion to determine the relevance of any statements made to pose questions and to control the scope and duration of this proceeding in accordance with our quasi-judicial rules. For the record, public comment was received during the March 18, 2025 hearing in full compliance with all applicable laws. And since the hearing was properly closed and is being reopened tonight only for limited party and staff presentations, no further public comment is required to be taken. I will now ask the City Attorney to confirm the quasi-digital procedures that govern the limited reopening of the public hearing. Thank you, Mayor. Members of the Council again, pursuant to 2-27 of the City Code, each applicant is requesting approval relief for other action from the Council shall disclose at the continuance of the public hearing any consideration provided directly or on on its behalf to agreement to support and withhold objection to the relief our action requests tonight. A copy and summary of the quasi-additional rules and procedures governing this procedure is attached to the agenda and can be obtained from the city clerk. Thank you. As a reminder, full exparte disclosures were made by council members prior to and during the March 18th public hearing. In addition, council members have been asked to provide the city clerk with any written exparte communications related to this matter. Those written disclosures have already been submitted into the record. At this time, I will ask each council member whether they have had any additional verbal exparte communications related to this matter since the March 18th meeting that had not already been disclosed Council members. I'll start on my left. Mr. Thompson. I had a discussion last Thursday with Body Missile Council for the appellant regarding the application and their appeal and Aside from the recaps which were written. I believe we heard from minister Charles Conchlet tonight Here not part of the public hearing, but nevertheless related to this application and appeal. I believe that concludes my export status closures. Thank you for noting that about Mr. Conklin. It is also noted for all of us as we all hearted. Ms. Nackles. Thank you, Mr. Mayor. I just had a very brief phone call with Bonnie Miskel this afternoon. Thank you, Ms. Drucker. I believe I had a brief call maybe right after with Miss Miskel, but it was probably like right after a couple days after the last quasi and everything else as you mentioned on file. Thank you, Mr. Riggler. Yes, other than the. Topson. I'm sorry, Mr. Topson. I'm sorry, Mr. Topson. I'm sorry, Mr. Topson. I'm sorry, Mr. Topson. I'm sorry, Mr. Topson. I'm sorry, Mr. Topson. I'm sorry, Mr. Topson. I'm sorry, Mr. Topson. Each party will now have up to 10 minutes to address the City Council if either party wishes to respond to any of the ex-partei disclosures just made. Please do so as part of your lot of time. For the record, all individuals who are speaking at this continued public hearing were duly sworn at the commencement of the hearing on March 18th and the oath still continues. We will begin with city staff. Good evening again mayor and council. Brandon should develop the services director. So I know it's been three weeks, so it's going to feel a little out of context, but I'm just going to continue as if we were still here from three weeks ago. I'm going to start by, or just really all I'm going to do is make some clarifications and respond to some of the things that were said in the hearing as I often do before. It's concluded. So I just want to say with respect to the parking technical deviation, as you know, city staff has made our recommendation of approval and we stand behind it, I think the data backs that up. But the data is the data and the city council obviously can make its own judgment about what's been presented. However, I think it's important that we make some corrections about some of the things that were said about this not being a permitted use, which I just find not credible. The applicant has argued that since outpatient surgery centers are defined to include emergency services, that the only place they're allowed is where they're specifically mentioned in the code and the MC district. That's just not the case and it doesn't work, it wouldn't work in the code. There have been an R outpatient surgery centers, the literal thing outpatient surgery centers that we all know what that is in the real world. They're in the city in other districts districts and several other districts, including in LARP commercial nodes prior to medical offices becoming allowed in the entire district under the rubric of medical office. The desired interpretation that would make these facilities, the desired interpretation by the appellant, would make these facilities non-conforming, and they would take away, that would take away through interpretation of the code, through a change in a long-standing interpretation of the code, would take away rights that are currently enjoyed by these properties. This is also an extremely impractical way to implement the code, and I can promise you that the appellants would be among the first to be screaming at me and then soon after at you if I were to try to apply the code that way. For example, if we were to say image-recreation facilities okay, but aerial salt not because it's not specifically mentioned in the code. That's essentially what they're asking us to do. And it's theological and it's impractical, and it goes against longstanding interpretation. For example, as we mentioned before, urgent care centers have been allowed under the rubric of medical office, citywide for a very long time. One of the points that the appellant makes in their p, or their recap, I'm sorry, essentially says that a rule of thumb is that a medical office takes appointments, but in fact we've allowed urgent cares under medical office as I just mentioned for a long time. They don't require an appointment, don't take an appointment as far as I'm aware. And so I just want to make sure that's clear. The only difference that I can seem to see from a use, from a zoning impact use perspective between an urgent care and a free standing emergency room is that free standing emergency rooms based on the data are less impactful. That's the only difference that appears to be from a zoning and impact on other properties and externalities perspective. Also want to correct the record a bit, the appellance cross-examiner, Mr. Zaz-Zaz-Lav, I believe it's pronounced, was questioning Mr. Devlin about the determination on the use, but Mr. Devlin was not involved in that determination because it was prior to the site plan application. Mr. Devlin handled the site plan application, but the determination on the use was prior to that. I was involved and I wanna be clear that when this was first brought up, freestanding emergency room, I've never heard of that, what is that? So we started asking questions. One of the things we did certainly was say, under what state license will this operate? And then therefore, what are the rules that go along with that state license? It was fundamental to our determination that this was allowed as a medical office. So I just want to make that clear. The appellant argued that the technical deviation for the driveway reservoir distance would conflict with the Broke Ratona Innovation campuses, potential obligations to improve telecom drive with pedestrian bicycle friendly streetscape improvements and so on. I have listened to the meeting again, I have tried to figure out what this means, and it just, I don't think it adds up. It's not unusual in any street to have driveways, and that doesn't prevent multimodal improvements. It doesn't make any sense. And one thing about the applicant's case, the applicant suggested that the only justification for the lower parking requirements in the enhanced mobility of ordinance that would apply to the brick property was the Institute of Transportation Engineers parking generation manual. That not the case. Really fundamental to those lowered parking requirements were the design requirements that come with it, that make parking once and walking between places, biking between places, taking the trial, taking other forms of transit, making that practical and possible and convenient. And that was a big part of the justification for those lower parking rules. So I'm going to make that clear. I believe that's the bulk or the end of my clarifications and I would be happy to answer any questions. Thank you council members. Any questions of staff? All right. Thank you at this point. will invite the appellant to come up for up to 10 minutes. Good evening, Mr. Mayor members of the Council Bonnie Miskel here on behalf of the appellant Which is the 125 acre owner to the south of this parcel known as Boca Raton Innovation Campus. So our appeal is based on really three fundamental parts of the application. The first is related to the parking reduction and the request for a technical deviation in order to reduce the parking required for this particular use. In total, the application did not address and meet the full criteria for technical deviations and should be denied on that basis. The same is the case for the driveway reservoir reduction. That request did not meet the criteria for approving a technical deviation. And lastly, we stand firmly behind the free standing emergency room use, is not a medical office and therefore should not have been permitted in the Lurb category. So, let's, I'm actually going to consolidate because the five criterion are the same in some of them. So I'm going to start actually somehow. It's not showing. All right. Something just, ah, something happened here. So I'm having a problem. Okay. Okay. Wow. Go back. I, we're looking for number one. It was two slides in front of. Okay. So let's say. There. Yes. Thank you. So I'm going to consolidate, sorry, having technical difficulties. I'm going to consolidate and speak to C and E because they are the same for whether it's a parking or a driveway reservoir deviation. So let's try to simplify this. On these two items, an applicant has to demonstrate that they are asking for, number one, the minimum deviation necessary to make reasonable use of the property. Not necessarily their use of the property, but reasonable use of the property. If they can, in the case of a parking deviation, if they can reduce the size of the footprint of the building to come up with some additional parking spaces, then they haven't met the minimum. The fact that they wanted a 10,000 plus square foot building is not a basis for getting one approved, but rather could they have built something, could they have made reasonable use of the property and provided more, any more parking or met the parking code. And if the answer is they could have, then they didn't meet C and they did not meet C. On E and I'll come back regarding the driveway with the spec, there has to be special and unique conditions which exist, which are not self-created, which are not directly attributable to the actions of the applicant. In this instance, they designed a building and they laid out a building that was a 10,000 plus square foot building. And there was not enough room for them to have met the parking. Now they may say, well, it was too much parking and we didn't feel we should build parking if we didn't need it. But that's not what the code allows you to do. There are code requirements. You can either meet them or you can't, but if you can't meet them, the reason for not meeting them is because of your design or your intended use in which drove that design. And that's exactly what happened here. They designed a building that was too big and they didn't have enough room for parking, and that's the reason that the parking isn't on the plant. And therefore on those two issues alone as it relates to parking, they didn't deserve a parking technical deviation. Now, as it relates to the driveway reservoir, could they have reduced the building footprint and moved the parking further away and the intersection conflict further away so that that driveway could be more than 13.6 feet. Of course they could. And if they did shrink the building at all, or if they had shrunk the building but gone up a couple of extra stories, they could have provided more driveway reservoir, which then would at least be able to respond to this criteria. They did not respond to this criteria. And therefore, in the driveway, reservoir, they didn't meet the minimum. All five count, not one, not two. Just submitting a parking study is not enough. That only addresses the first criteria. In this instance, they couldn't meet it and it should be denied. We talked about also under the parking, under the studies, we had a problem with the ITE for sure and we're happy that they went ahead and studied some of their own uses. I think that was better. However, what Mr. Donaldson didn't do is he didn't take in all the language that you're supposed to look at in responding to the technical deviation. He had to consider any reasonably foreseeable future users, so for example, if Mr. Silver sold his building and it became a multi-tenant building which is allowed, would that generate more demand on the parking? And if that's the case and the FSCR is relying on those open spaces in the event they have a busy day, you're short parking. You have to look at foreseeable future users or changes in condition for foreseeable changes in conditions, which could include by the way the redevelopment of the neighbor's site on a road that is only 30 feet wide, is it should he have considered it? Absolutely, that's what the technical deviation criteria requires. So, if you look at the aerial, the subject area where they are locating the FSER is where the green pad, where you see green space. If in fact they were coming in for the building, it might make a little bit more sense because that side of the property is incredibly narrow. But the portion, the remnant that's left, is essentially a square piece of property that isn't unique or special. There's nothing about it that would say, hey, it's screaming for some relief because it's just an odd parcel. A triangular piece is an example. This isn't that. However, under the second criteria, you have to look at does the request result in a preferable environmental impacts or a preferable parking design, which they couldn't prove that either. Mr. Donaldson referenced something about trying to preserve open space, but we don't know what he meant. Did he preserve more? Did they do a chart that said if we didn't meet the code, we'd have this green space, but if we do meet the code, we'd have different green space. None of that is provided for you. You don't have evidence to support that they complied with this criteria as it relates to parking. This drawing is their drawing, and I appreciate that they showed two trucks queuing up to show what it would look like if that happened. What you don't know about this plan, and it required a magnifying glass for me to figure it out. Is that where that red rectangle is, that's the ambulance loading and off loading area. And unusually, it's sitting in the middle of a driveway. So is that good parking design? Because this section says preferable parking design. Where the ambulance is, the two spaces that are to the south of that cannot back out while the ambulance is sitting in its bay. They're stuck there. Now the response was, well, we'll just put employees there while they have shifts. So what if their shift changes have to wait till the ambulance leaves? Also, something pretty relevant here is, you know, they're showing that when trucks are coming in, they have to use the full expanse of the driveway. This is their operational plan. This is what they provided. I'll be it. They provided it after the January 2nd meeting. The PNZ board never saw this. If they did, I don't know whether they might have changed their mind, but they didn't see it. It came on March 17th after I pointed out in my PowerPoint that it was missing. There was no operational plan. How do you know if their design works? How do you know if this is a better parking design? How do you know the impacts of the circulation and how it affects parking? We didn't. We didn't know it until March 17th, which was the day before the appeal hearing. I talked about minimum deviation. It can't be detrimental or injurious to property or improvements in the surrounding area. And I'd like to speak to what Brandon said. And I'm going to show you a picture and I may jump to it, but before I get there, they mentioned in their, oh, I screwed it up again, they mentioned, this is one of, they mentioned in their presentation on January 2nd that they may have 20 to 30 cars in any given day in their parking lot, but there are only 25 spaces there. Now they're relying again on the neighbor, but if the neighbor's use changes, if it goes to multi-tenant, then there goes their surplus and what happens to those extra five cars. They're not even meeting their own expectations. Let's see if I think I've covered most of these. All right. Well, I'm into, forgive me. I'm not having a good day and again not attributable we talked about that no did it again okay okay so driveway reservoir again same with the exception that they needed to provide an operational analysis. I will conclude. I will conclude. The two differences on this operational analysis has to be given. It didn't exist on January 2nd. Your PNZ didn't review it. And by the way, the traffic report that you have in your package by your own traffic engineer, didn't even speak to it. So the city had no support evidence, and Mr. Donaldson only gave the operational analysis, and we got that the day before the hearing. And then the only other difference relates to preferable environmental impacts or traffic circulation design. And they have an ambulance sitting in the driveway blocking where the driveway reservoir, short reservoir is. I was going to go into the use but we've talked about the use at Nazim. I won't do that and 10 minutes does go very quickly. Thank you for your attention. We're happy to answer any questions that you may have. Thank you. Are there any questions? Yes and I'll note that you use extra 59 seconds. I will give another minute to the I hope they don't have technical challenges As I will give the applicant another minute as well 59 seconds if we're gonna be precise mr. Wigter Thank you. Can you go to the slide? I don't know which one it is But there is a slide that says alternative solutions or alternate solutions It was before this or something. You flew through it so I could not read it. I'm sorry. Right there, stop. Okay. Yeah. All right. Would you like me to explain this, Councilman? So the applicant's response has it related to the minimum deviation necessary to make reasonable use of the property. Their answer was the site plan maximizes the available space on the currently constructed site that can be used for parking. Due to the nature of the site, providing additional surface parking or increasing the size of the parking lot is not physically or financially feasible. And so the question you would ask in order to determine whether they asked for the minimum, could they reduce a building footprint to create more onsite parking? I think the answer is yes. Could they construct a parking level and have the building over the parking level, which as you may know, is all over the city, we've got many buildings that are like that with underground parking or Reconfigure the site in order to make the parking or at least increase the parking allocation Thank you very much no further questions. Thank you any other questions of Miss miss call Thank you miss miss call. Thank you We'll now hear from the applicant and you'll have up to 10 minutes and 59 seconds. Thank you. Thank you. All right. So I, we can, I'm not going to go through this. It takes too long to do the presentation in 10 minutes. So first off, good evening. My name is Michael Marshall with Nelson Mullins 1905 Northwest Corporate Boulevard. I like to begin first by emphasizing that every reviewing department in this city, every staff member, every department director, planning his own board, as well as the city manager recommends this project and opposes this appeal. In fact, is accurately stated by your city manager in March 25th, 2025, memo to this council, the appeal contains a number of arguments none of which have any merit. Those are the words of your city manager. And we- in March 25th, 2025, memo to this council, the appeal contains a number of arguments, none of which have any merit. Those are the words of your city manager, and we agree 100%. The appeal has zero merit and should be denied. I also like to remind everyone what's transpired. This is important. The owner appeared before P&Z and established a primary fashion case of code compliance. They presented evidence, ITE data, the opinions, professional opinions and report analysis of their traffic engineer. They had the staff recommendation of approval with staff analysis, all of that constitutes competent substantial evidence under Florida law. It was presented to the planning andoning Board. The applicant discharged their burden in that regard. That meant that if the city's planning staff wanted to present rebutting evidence, then they carried that burden at that time, of course. City staff agreed with us. So there was no need to rebut. They were in accord with us. Planning, so when we came to you on this appeal, it is the appellant that carries the burdens. We presented a primary fashion case before the P and Z. We came to you on this appeal, not because we had to, but we brought additional evidence because we anticipated that the app appellant would bring their own evidence to rebut our primary fashion case to prove otherwise. So we brought evidence. We brought data from five facilities. We brought patient data. We brought ambulance data. And there's nothing from the appellant. So you've got even more competent substantial evidence. If you've got a bucket of evidence here that supports the decision and so far you have an empty bucket here. All you have are arguments, conjecture, hypotheticals, and twisting of code sections. It is kind of difficult to do this in 10 minutes. I'll say that on the minimum deviation necessary, don't allow yourself to be obscured by this. Anybody can just reduce ability. We can just make it 10 square feet. That way we can meet an excessive parking requirement. It's not how it works. You show that the standard rate, a standard parking rate that's adopted under a fairly debatable standard. It's a guess for the most part. You show by evidence that that is excessive. You show by evidence in a quasi-judicial setting site plan that we actually only need this amount of parking. At that point, you then, if you can provide more than what the data says you need, then what the minimum deviation necessary means is. So like in this case, the data supported 21 spaces is what's needed. The applicant is providing 25. 25 spaces, now remember, during the night and on the weekends, 73 spaces are available for this emergency room right 73 spaces are available for emergency room like emergency rooms we've seen across south floor that generate anywhere but that the data shows 18 it is 1.8 sometimes lower sometimes 2.2 but my point when I said to 30, was talking about the ITE rate, the IT rate of 1.88, which I rounded to two. And so I just said, it's 20 to 30 spaces, depending upon this floor area. 10,000 square foot building times two, it's simple math, that's 10 times two, 20. 15,000 square foot building, 15 times two, that's 30. So they're making so much hay with this, but that was just simple math based on what the ITE rate would require. We presented data that showed that there's actually less demand than what the ITE showed it will re-study. But nonetheless, because during the day, when the office requires 57 spaces, and by the way, office is office, whether it's multi multi-tentative whether another office comes in after this one It's still 57 spaces. They're providing 57 spaces They weren't seeking relief on the office parking requirement what was left over during the day is 25 spaces Didn't ask for a technical deviation for 21. We're providing 25 the minimum necessary That's how the code sections work. So please don't get obscured with this. So also, I'm going to point out, and even tonight, they're really not challenging the parking data. I mean, they've had weeks now to go out and perform their own studies, and they haven't. Nothing. All they do is just, they haven't even argued anything today about the parking data. So I think that the reasons clear, they know that data is not out there to collect, so they're not going to waste their time collecting it. The question of the use, I think, is a purely legal issue. You've heard that. I just, you know, whatever the council thought they were doing in August, I think is expressed through what they did best. Legislatures are presumed to know what they are doing and so whenever you all created a definition for outpatient surgery centers you combined them with emergency care, day care, voluntary surgery centers you kept it at the same parking requirement that was before which we had a request for technical deviation from. Staff told you in that memo that outpatient surgery centers would be approved as medical offices. So if there's this amorphous intent where some policy that's floating out there is informal wasn't adopted, in that moment when staffs, if you all thought otherwise, staff is telling you it's a medical office. If you thought otherwise, you would have men in the code to address the uses in LURP, particularly the list of prohibited uses. LURP has a list of prohibited uses, and it says, no use will be construed to allow the following. Guess what's not in there? Outpatient surgery centers. That ordinance was noticed up as a parking ordinance, was not noticed up to amend the code, and with respect to a list of allowable uses in LURP, state law requires that I'd be done by ordinance. So that certainly didn't happen and the confusion that's arisen around it is purely that, it's confusion and so it's certainly not a basis to grant this appeal. Some of the comments I would the driveway, we showed the two trucks, so those are B40 templates. Those are full on fire trucks. The ambulance is parked in the back, which is where we would park the employees. All the main entrance is on the opposite side of the building. To get through the main entrance, you drive straight up the driveway. You don't go behind the building. You go straight up the driveway. You park. There's the guest drop off. All the guest parking is there. There's no reason to circulate it back around. Trust me, if an employee is getting off work at five o'clock and someone just pulls in with the heart attack. There's a guest drop off, all the guest parking is there, there's no reason to circulate it back around. Trust me, if an employee is getting off work at 5 o'clock and someone just pulls in with the heart attack, these are health professionals. I presume that person would say, you know, I'll wait a couple minutes to get this person out of the ambulance before I decide to go home. It's really a much to do about nothing and it's pure hypotheticals. everything you've heard about them, we can go through the slides that we're presenting their appeal tonight. There's no evidence anywhere. It's just conjecture and hypotheses. There is no evidence whatsoever that rebuts the evidence that the applicant has provided. With respect to the turning, with the truck circulation, this site was a developed site. All of the horizontal development was already done. the driveways and the drive miles were in place. Previously approved, reviewed by staff. So it was already approved to be able to accommodate the truck circulation. There were some modifications to the radii of the driveways. It was slightly changed, but all that was discussed with staff to review. So it wasn't like this was a site that had never been looked at for truck circulation before. The building pad in the drive-by-house already there. So there was no doubt that the truck would work. We showed, again, at the hearing last time that the turning movements work. There's no, the wheels never leave the driveway apron or the driveway. Plenty of room. It can circulate as staff points out. If bike lanes are built in that street, they're still going to be a driveway. They're still going to be, as always, going to be a driveway there. And the trucks are only using the driveway. So there's no change. And by the way, there's no evidence that there's ever going to be two-fire trucks there. The only evidence has been presented on emergency vehicles is just ambulances. and we presented data to you that HCA has an average of an ambulance a day. Some locations it's less, locations in Boynton and Stewart, we provided that data for you it's less than one a week. That's all the evidence that's in the record. There's no evidence that there's more, there's more ambulance is somewhere. The physician that was here that the advocate sees on, the hearing that questioned the staffing numbers for HCA. First off, believe what you want to believe. Thinking of the grain of salt as a competitor, but the staffing, we talked about staffing only because we derived the parking estimate based on patient data. And we did that just to compare it to what the actual observed data was. And stunningly, that data was very consistent across locations. Whatever staffing back his health has, I have no idea. But I could tell you that nothing that he said about their staffing detracts from the actual number of cars that were counted in five locations in South Florida in the past month. I can also tell you we counted the cars at that location as well. And so, and we also, I know we share with staff a while this, a while back the site plan for that location. So we know the square foot is that building and we know the traffic demanded that building. If you all wanted to know whether or not what he said is true, the truth is out there. So, again, I think it just boils down really. The medical office use question, I think, is pretty clear. You've heard staff's point on it tonight. You know, we told you it's not a prohibited use, so it would be listed that way in the code. The parking data has not even been rebutted. And we've conclusively demonstrated that the parking rate for these facilities is far lower than voluntary surgery centers, far lower than medical office, lower than urgent care. It is the least intensive parking medical use that we've studied. As far as the side plan, the driveways we've shown that it works, if there are little tweaks, if we want to put patient employee parking on the back. Five seconds please. Sure. We can add lines on the side plan. Those little things can easily be accommodated. So we ask you again to please deny this appeal and affirm planning is only board's proper decision to approve this by right use on this property. Thank you. Thank you. Any questions of the applicant? Ms. Miskall just asked you. Mr. Marshall ended up with 13 extra seconds. You can either have them or confirm that you are not objecting to his extra time. And she indicated that we are not objecting. It was not audible for L, but I heard it, so I'm repeating it. All right. Council members, are there any other questions? Then the public hearing is now formally closed again. And at this point, we would take up a motion to adopt Resolution 34-2025 with one of the following determinations to affirm the decision of the Planning and Zoning Board, and therefore deny the appeal, to affirm the decision of the Planning and Zoning Board with additional modifications, which have to be stated, but denying the appeal, but modifying the site plan, to reverse the decision of the Planning and Zoning Board thereby granting the appeal and denying the site plan amendment, and to reverse the decision of the Planning and Zoning Board and remain the matter back to the Board for further consideration of factors and details which would have to be clearly stated. Now some members, what is your pleasure? Mr. Wigter, I move to reverse the planning and zoning board and affirm the appellant. Second. All right, we have a motion that's been seconded to reverse the decision of the planning and zoning board and there by grant the appeal and deny the site plan amendment any discussion. Mr. Thompson, I'm happy to start. I think we between the last hearing in this one, we heard a lot of testimony regarding the need for additional quality medical services in this part of the town. I appreciate that. I, good medical care is I think welcome at any part of our city and I'm happy to have additional facilities like this. I also, you know, a lot of times we face this situation in a different context somewhat, where you have an applicant and you have neighbors who are opposing it. And many times this council has over the years encouraged applicants to work with the neighbors to try to come to some good faith resolution of whatever disagreements may exist. And it seems, this seems like a situation where something like that could be done, particularly between two prominent long-term stakeholders in our city. Mr. Marshall paraphrase the ex files a moment ago that truth is out there. It would seem to me that a resolution is out there too. Unfortunately, it didn't seem to take place prior to tonight, so it falls to us to have to render a decision on this. And I come down as follows. I think of the issues that were raised in the appeal, the issue that struck me the most was the technical deviation as related to parking. And I was persuaded by the discussion and the evidence relating to the smallest possible deviation that could still make reasonable use of the property. I do find that there were, but it is possible that a different use of, sorry, a different, a smaller deviation could have been possible such that there could still have made a reasonable use of this property. I was also persuaded by the alternate solutions that could have yielded a smaller deviation on this parking requirement, which in my view anyway is a significant deviation based on what our code says. So it's for those reasons that I will. Because we're put in this position to have to render a decision like this, that I would vote to grant the appeal and reverse the decision of the planning and zoning board. All right, further conversation, Ms. Nacles. Thank you, Mr. Mayor. So I was able to have one discussion with HCA and Mr. Marshall was on that Zoom call as well. And I let them know, you know, as a health care professional for over 30 years, you're not going to find a better advocate for great health care in our city. And when I left that Zoom call, what I left them with was you need to find a site that fits what you want to build. And their response to me was no, we want this site. So I too, when Ms. Miskel brought up alternate solutions, such as reducing the building footprint, I mean, I think that is something that could be looked at. And yes, there is a resolution that could be found. I agree that there's no special and unique conditions that exist. And I think a 32% reduction in parking is not warranted. We set the policy, we set this policy back in August, and we expect staff to follow it. And at the PNZ meeting now, which I've watched several times, it was stated from staff that this, as far as the office building goes from the city's point of view, it's still an office building, so if tenants change, we still need to park it for an office. So the current owner and tenant saying that you only use a few spaces, we have to park it for an office. And that is our policy. And then, let's see. Mr. Marshall, you said that the appeal has no merit, I disagree. And I also disagree with trying to discount the testimony of Dr. Evan Goldstein. You know, he was here for many, many, many hours after working, I think, I don't know, 15 hour shift. And I just want to say that I don't believe that respected physician would put his reputation on the line by saying anything that was untrue at the hearing. So the parking is the issue that I have, and I made that clear with HCA, and that is why I would also support reversing the decision of PNC, granting the appeal. Thank you, Ms. Barker. Thank you, everyone, for coming back today. So, you know, we've had a lot of discussion with this topic, and I agree with what has already been said with some of my colleagues. The parking reduction doesn't meet the requirement in that area. I have a little bit of an issue with that driveway reservoir. We had pictures of other properties at HCA owns that had that kind of, I don't know if it's a portacusia shape where we just pull in and you drop the patient and you wouldn't be in the middle of the place. And we had a robust discussion and Mr. Marshall, I wish he would have been part of that discussion in August when we talked about free standing but it was, this council's desire to have that separated from permitted use and that is what we did in the spending. So if you had been part of that conversation then maybe we wouldn't even have we wouldn't be here today. So those are kind of the couple things that that come to mind. What I can say is that there is a need for something like this and I hope that HCA knows that there are other areas in our city that you can put a property like this if you're not willing to reduce this particular space Where we can welcome you here? So I say that to everyone that sometimes it doesn't go that way We always we doesn't mean that we don't want this. I think there is a need for it I just think it all comes back to where it is this site and I know there are other plenty sites out out there. Like Mr. Thompson mentioned, the alternate solutions were very viable and we always wish when we postpone or we defer or we do anything that we table topics for the parties to work together. In this case, it didn't work out, but because of all those reasons, I'm gonna support the appeal to the PNZ. Just a quick, thank you very much. Yes, I agree with my colleagues completely. I think it was well said. The technical deviation of 40%. I did not feel it was warranted. I do feel that there could be a detrimental kind of aspect to this to the public. As we know, just publicly, when a city ambulance goes to a, you know, goes to a call, they're always accompanied by another vehicle, whether it's a bumper or a ladder or something like that, in case there's additional resources required. And in this particular instance, I believe that the driveway that we did it set up. And as Mr. Rucker said, the other alternatives with Port Cache's and other things could lead to a more dangerous situation God forbid, there's more than one person who needs to be taken there and in ambulance at the same time, again, heaven forbid. And so certainly I would not want to be in a position where we're creating something that created a more dangerous situation by virtue of the fact that they're trying to drop the people off there. So again, as my colleagues indicated, and the reason why I wanted to go back to that slide of alternate solutions is because that's my understanding, the minimum deviation required doesn't mean that this building must be 10,000 square feet. There is perhaps an opportunity for the project to be slightly smaller and therefore comply. Like my colleague said, we would hope in these situations that the parties will discuss with each other because each party has property rights. Likewise, we've said this council has moved and discussed and staff has worked on ways of liberalizing the code to allow medical uses, to allow more medical uses, because they understand the need should not be restricted to one zone. Certainly the city is expanded during the time, you know, now we've expanded geographically. So certainly the need is there, not just to other sites, even to this site. So certainly the needs, there are no one's objecting to that. It's the specific application of the code to this site. That's what we're talking about. Not the use in my opinion. It's the technical deviation here that we're talking about. And I feel that there are alternative solutions that could be done here. And for those reasons, move to reverse. I too will vote to reverse the decision and thereby grant the appeal. I do not believe the criteria for the technical deviations has been satisfied. I respect the efforts of the applicant, the property owner, and those who have spoken in favor of a beneficial use. I don't believe in this particular case the burden has been met. I also respect staff made its determination and recognize that even enlightened minds can disagree. Finally, I will note the minutes from the planning and zoning board meeting reflect that of the four board members who voted yes, three nonetheless expressed concerns about parking, parking concerns, and other concerns that we have expressed here today. If there's no further commentary, then Ms. Simmons, please call the roll. NACLESS? Can you guess? Yes. A vote of yes would be yes to reverse the decision and thereby grant the appeal a vote of no would be the contrary Yes Wigter yes Drucker yes singer yes Thompson yes motion passes five votes to zero Thank you that concludes this matter will pause for a moment because I imagine some people will want to clear the room. All right, we will turn now to item 17, City Manager Reports and Recommendations. Thank you Mayor. As I have mentioned to all five of you council members, it is my intention to retire by the end of 2025 or the very early days of 2026 actually depends upon what the payroll schedule is at the end of the year. In light of that, as I've informed you, we are in process of engaging Mercer and Associates to conduct a search from my replacement. By way of schedule, we are expecting Mr. David Deutsch, the principal in this matter to have interviews with all of you and department heads in April in the 17th and 18th. If in person he will be here, but if you're not here, we can have a Zoom meeting, a virtual phone call. We'll arrange that. We expect to have the recruitment brochure completed by the end of April and recruitment to begin at the beginning of May. On June 9th at the meeting, we will have an update for you all of where we are with receipt of applications, et cetera. And we'll share the pool with the council by the end of June at the latest. We expect council would pick three to five from the pool for interviews in July and conduct the interviews probably in August or sooner if we can arrange a special meeting. We would assume that if we get the interviews done in August we would be able to have a contract approved in September. And the replacement start date would be as soon as thereafter as reasonable and practical for the city as well as the individual. Just sharing with you that I'm pretty sure that the new city manager won't want the old city manager hanging around for that very long period of time. So we will work something out around that. I'm happy to remain with the city and an advisory capacity as needed until my employment is concluded. And I want to make clear that my retirement, I am not going to be disconnecting from the city. I intend to remain involved, committed. I can't get it out of my blood so that's just something that's going to have to happen. And I wanted to formally announce that so that we can begin this process and there won't be any questions about what direction we're going in. I'm happy to answer any questions. Thank you. Before we get to questions and talk about the substance, I just wanted to pause first to thank you, Mr. Brown, for your many years of service. not just at the last roughly two in this chair, but your 40 plus years of service to the city and has been dedicated. It has been long-standing to some of the longest service in the history of the city of Boko Riton. You have accomplished a great deal in just your year and a half as manager. I want to highlight one thing particular today. inquired about the possibility of finding a solution that would tie into our signature concert in May and was initially told, well, we can't figure out a solution for that. And within short order, you have found the can-do attitude and said, well, what about this and what about that? And within a few hours, inspired action that I think will now make tickets more available to residents primarily for this concert. And that's just one of the examples of the spirit that we need to inculcate into the city because it shouldn't be, well, we've looked at things and nothing's feasible, but you need to find a way to get to yes. And that is what you've been doing here. And I think that is something that any successor will be well served to do. That is something that staff would be well served to continue to follow the example you were leading because sometimes it hasn't always historically been there as much but we need to find a way to get to yes. We're doing on so many things and you embody it on the small things too. So it has been an honor to work with you. It will continue to be an honor to work with you. I know you'll be remaining, but I wanted to say thank you. And I'll pause for other comments by council members at this moment before we get to questions. Anyone else? Deputy Mayor, Naclas. Thank you, Mayor Singer. Yes, Mr. Brown. I have, I don't want to say, this is strange. I want to say thank you. And thank you for announcing this. Thank you for having a plan so that we don't have to scramble to come up with a plan down the line. That's, that's, takes a big relief off, you know, gives us some relief. And they have whoever is going to come in has big shoes to fill. I appreciate your expertise and your guidance and your knowledge. Let's come from so many years of service and thank you. Thank you. Mr. Orker. Thank you, Mr. Brown. You know, we've had several conversations since you first informed of this. And of course, it's been a true honor to work with you and we'll continue to work with you throughout this process. The only thing that I kind of wanted just to make sure is that as we go through the process on dates, it's really important because dates that have already been picked. The calendar's there, like I'm out of town and I can't even zoom because as you were aware you we discussed my dates of travel representing the city. So I just want to make sure as we pick those dates, especially July and August when we're limited that we get those in advance because physically I'm not here next Thursday or Friday. I'm not going to be able to even zoom. We're going to make an effort to have any action items on the days that we know you're already be here for a council. Because that is in my calendar. My calendar is up to date even with next week. The interviews will figure out how to connect you with Mr. Deutsch. Just making sure as we go through this process, of course, it's not goodbye. This is going to be a little bit of a process. But for everyone out there, yeah, it's been a real pleasure working with you. And I agree with Mayor Singer of the Can Do attitude. And just everything we've done in 18 months, if you look back, has been incredible. And there's been a lot of changes. So thank you Mr. Reader Now thank you. Thank you mr. Brown for your leadership your continued leadership and obviously as as we talk often in your office You know anecdotally about the history of the city I'm always inquiring about the history of the city or whatever and obviously we've met at the historical historical society many times and you're always kind to point out of where your office was in the actual old city hall in that room there. And so it always sticks with me that what we have here is a person who's dedicated his life to this city. And how do you put metaphorical cherry on top of this wonderful career that and dedication to this city is you've managed to do so. And the city we're all thankful for that. And like I said, and planning and your thoughtfulness and the way that you're engaging and empowering the staff to be more engaged and coming up with all these great ideas. And there's so many. And there's so many here. So really to start that culture of change is something that we're all proud of because of you and so I appreciate it. Thank you very much. We all do. Mr. Thompson. Just to say we still get like six or seven more months with the joy. Right so this is you know we still got a lot a lot of important work that we're going to continue to do and we know that you're going to be there for it. We've enjoyed I know all of us have enjoyed this time that we've spent working together both in this chair and before that and you've done an enormous amount of fantastic service to the city. I think you knew that already but it never hurts to tell you and remind you one more time and so let's have another six great months together and in the meantime you'll whoever fills your chair and your shoes does have a big set of shoes to fill and they know that. So thank you. I appreciate that. I'd like to emphasize that many of the things that I have worked on over the years of which I am proud. It was a team effort. It was not just me. With all was you know, even in the last year or so if For the partnership with the city attorney's office many things wouldn't be happening just as an example the department directors the staff of the city. And many of you know what I've talked to you all about how much I value relationships in the business that we do. If we know each other, we can get things done. And it's because of the relationships I've had with others in the city that things have gotten done. It's not all in me. But I will share this with you, and it's something I'm actually very proud of. The person that is responsible for my still being here was named James Zomalt. He was a city manager in the early 1980s and he brought me into his office because, as he said to the Bokeh Rattone News, George Brown has a unique way of solving difficult and unusual problems. And I can tell you that I joke about this and my colleagues have heard this, that over the years, we've never done this before. George figure out what to do. That's the kind of thing. That's the sort of thing that I'm actually proud of, that we all in the city, overall, these years have been able to accomplish. We've done extraordinary things in Bochartown because Bochartown is extraordinary. Well, it's the people that are the strength of the city. So thank you for leading the team and hopefully inspiring others. As you've continued service and learned from others and worked with city managers, your predecessor, your predecessors before we appreciate their work too and yours. I would say it and I meet it when I say it. I don't like people when people applaud during meetings if someone doesn't get applause, they might feel left out. Let the viewers at home know that there's only one member of the public's only audience but you deserve a round of applause even if the residents aren't here right now but we'll have other opportunities for that. But it's unanimous for the residents in the audience. So thank you, thank you, sir. Could we go to the schedule a little bit? All right, so just from framing, Mr. Brown had shared the schedule with me and it seems consistent with what other cities are doing in terms of that roughly 30 day advertising period. I had had stressed, given the timing fell naturally before June 9th workshop, I said it was important that we get a, not only just a report on where we are on the process, but have that initial set of applications closed so our consultant could tell us how many of we received. And I think it's critical for two reasons. If we received a lot, it might help us determine, do we need to have a further winnowing period and perhaps a special meeting, which that would be the last opportunity before July for us to convene and look at calendars. If we've received a fewer number of applications and we've looked at them and feel like, well, we're further along, maybe it helps clarify the process, but I thought it's important to have that check-in. So even if it doesn't have to be May 1, maybe it's April 28th, April 27th, but I think we're working for the framework to give enough time to get applications. Initial deadline received by that Wednesday or Thursday time before, so enough time to get to us for us to review them and then be able to look at them on Monday of that council workshop, possibly discuss Tuesday night if we have to take formal action. And I want to make sure everyone's doing good with that so we have clarity for our consultant. All right. Second thing is, Mr. Ran, you mentioned I know we're going to have the consultant will be interviewing us, this makes sense. Tell us a little bit more about the consultant's interviews or maybe I can ask them about with department directors. I think it's probably to get some, feeling from the department directors on how things have been and what, would they want different? And, you know, I want, I welcome that input from the key staff to the consultant so that they can kind of frame. Okay, we want somebody who's more authoritative. We want somebody who's less authoritative, whatever it might be. I don't know what those staff's frank opinions when I'm not in the room might be, but I want them shared with the consultant who can work them into characteristics, particularly with what he hears from the five of you as to what kind of person you want in the seat. Then I would suggest that they, they undertake those interviews contemporaneously, either before we have the interviews with the council. Because it's all to be at the same time. Right, because it's important that the council's job is to go pick the manager reports to us. So it's maybe like an advisory board. It might be nice to have the advice of the people who might report to the manager But ultimately we have to pick the manager based on our criteria So I think that may be informative, but the the the search should follow the direction given by the five council members because they're the board Of course, okay very good I think that's all I have for questions or logistics anyone else miss Thompson on that same point if we do have interviews with the department heads are doing since I think that's all I have for questions or logistics. Anyone else, Mr. Thompson? On that same point, if we do have interviews with the department, as it's doing, since I think, could that information be provided even confidentially, so it's not attributable to one particular person to us? So maybe that's what you were saying. That's what you were referring to. I would like to see what the results of that input is, because that does, that would be important information for us in order to make a decision. I don't necessarily need to have a name on every statement, right? But knowing what the consensus is or what the kind of the thoughts are there, I think would be helpful to me anyway. Okay, Mr. Wheeler. Okay, Mr. Kailer, are there any public records items that we should consider in this process? Public. Thank you for the question and certainly Florida has a broad right of public access to public records. The decision to hire a city manager is something that likely would fall under that and records created made or received in connection with that. Certainly are a series of exemptions under state law, but generally the rule is that the records would be public. So to the extent that there are creative ways to seek confidential input, it might be by other means not creating records either speaking with individuals individually and or getting anonymous feedback. Well, I, and maybe to, I think to try to harmonize that, I wasn't personally looking for department heads to reporting on the performance of the manager that doesn't serve any purpose. I think the goal was to find out more department heads. I'm not quite sure, but it's certainly not to report up if it's an upward review of you that doesn't serve the purpose. And I think I don't necessarily need to see a physical report, but my point was if the consultants factoring that's in, I want to have a discussion. I'm sure that the consultant will be able to advise the council what he learned from speaking to the department directors about what they feel are the desirable characteristics of city manager in Bokoartown. And maybe it's also I would suggest it maybe a broader question. I would frame it more what would department heads suggest the council consider as part of its search? Because it may not be desirable characteristics. Some people might say I'd like my boss to be very lenient and not focused on deadlines. I know we wouldn't say that but I'm just talking like you know some people say I want a boss to leave me alone and doesn't check in much. That what I think, but we will and that's not what you have done. So maybe it's just a broader question. Mr. Reeder, did you have a comment? Well yeah, I was saying, you know, in this particular instance, I think our duty is, you know, to make the inquiries that we each feel are appropriate. So if we each want to have meetings with department heads or DCMs or ACMs, I think to have those conversations to really get the feeling for what our people think, then I think it's our prerogative. Indeed. Indeed. Mr. Rucker. I guess my only thing with that is like the timing, we need to make sure we establish a timing because you might want to meet with, which is fine, you might wait six people, but like, for, like, is a timing thing and I think that I think it's for every one, like, I would like to be able to do my own due diligence and some of the dates I've ever been proposed, I'm already affected by because I'm away on a business trip representing the city, which I lose like six days of business here. So again, we need to look at that. So I can make sure that I wanna talk to certain people or maybe we don't, so I need to understand the timeline before. And all of that is in my calendar. So whatever days are picked, you guys can see where I'm at. So you could just go right on the calendar. So. I suggest this, because I think I'm always trying to harmonize here. Mr. Brown, I think you can find an opportunity for whatever initial discussion with the consultant with Mr. Rucker that works even prior to the 17. Of course. Okay. And then I think we have time and off. The point is just to be able to have this out on the street because it flows in a certain way. And I think the timeline, Mr. Brown outline, it's also something that the city's considering too. You know, it would time us out the right way for what we've looked at. But I do think it's important that we have that, the thing, the application's out on the street, the first 30 days or so, whatever it is, but the feedback by that first week of June, so we can all canvas back in June and get a sense of where we are. Because otherwise then that keeps us on track and it makes sure we have pivot points, depending on what we have to do and can schedule accordingly. Mr. Wringer. Is there any concern that perhaps the actual of the opening of this should not start before the end of session as potential participants might be otherwise significantly engaged with telehassy related activities just putting it out there? I'll offer for me and anyone else, session ends, May 2nd. So if this, if this I got advertised, the 27, 28, 29, 30th May 1st, you're not missing much at all. And I don't know how, you know, the participants in session are not generally city managers or people in city management's per se. So I don't know if we have to focus on that per se, but I appreciate you raising it. Any other thoughts? I think that once it's out, formally advertised, I mean, people are going to know now that something's happening. So if they're interested, they'll already be thinking about it. But I think that once it's formally out on the street there will be a lot of interest from qualified people. It's both of our own. All right. Well again thank you. Mr. McPherson. So, Mr. Mayor, after the June 9th workshop then what's the timeline after that, Mr. Brown? by the council meeting dates that we already have set and not adding any special meetings, you all are meeting in July 14th and 15th. It would be at that point that the council picks three to five to interview. We would have those interviews in the week of August 25th, 26th, when we have meetings scheduled. Maybe we have them on Thursday, the 28th, unless people are leaving right after the council meetings. I'm going to chime in again. Please. I am leaving literally right after the council meeting. Okay, then we'll try to schedule them on the 25th or 26th We can have them in the afternoon of the 26th or I will be out of town starting June 26th through No, this is August now Yeah, yeah We would July 5th 14 and 15th, you will select 3 to 5 from the pool. We can have the interviews on August 25th or 26th. Assuming someone selected, we can have a contract. We can have the contract negotiated as early as the first meeting in September and ready to go. Or probably no later than the second meeting in September, September 22nd. and then it's just a matter of when the person comes and how we deal with the transition. So the right time to really have the discussions with the department heads and the DCN's ACMs would be sometime between the June 9th and July, July meetings. Because that's wanted to say. I'm sorry, I didn't hear the beginning of your questions. I'm just thinking of the optimal time to have the meetings with the department heads and assistant city managers, deputy city managers, would be after the June 9th workshop and then just prior to us picking the three to five people were going to interview. I think it would really depend upon what kind of input you want when you have those discussions those because discussions could occur at any time. I wouldn't suggest that you get the applications and then ask the department has to review the applications I don't think that that's productive or appropriate But if you're talking to them about you know, what do you think you would what do you think we should be looking for those kinds of questions? I would do those as soon as you can And I think that's what you were you were saying with the consultant and I be I I, as Mr. Wittier said, it's our prerogative task questions. I don't know, at this point, I don't envision having to speak individually to everyone who falls into that category. I think the consultant might be too. It's up to you all. Yes. But I think. Just speak to and what about what? But I do agree with Mr. Brown that we shouldn't see a list of, we shouldn't get a stack of applications and then go vet them under other people. That, yes, we're seeing those there. And by the way, on the timing again, I think I like the way what Mr. Brown have laid out and the consultant, because it gives us pivot points. If we have a check in on June, all the good sense of what's out there. How is the market responded already? And no, we're going If we have a check in on June, well, the good sense of what's out there, how's the market responded already? And know where we're going, it's still a time to pivot. And I think we can do this with it without the framework of a special meeting. But if we need one, at least we'll know in June, well, the better sense of where we're at. Because it may not be three to five, Maybe it's six, maybe it's four. Well, we as a body can determine based on what we see. Brother Thots? Right, Mr. Brown, still your report. you know, will we, we as a body can determine based on what we see. Further thoughts? Right, Mr. Brown, still your report. I have nothing else to see. All right, thank you. Well, thank you again for all city attorney for Mr. Kailer. No report. Thank you, Council member reports will start with Mr. Wigdo tonight. Nothing further. Thanks so much, everyone. Thank you, Ms. Drucker. No report. No report. Ms. Nacklis? No report. Thank you. Mr. Thompson. No report. Thank you. I. Drucker. No report. Sorry, no report. Ms. Nackliffe? No report, thank you. Ms. Thompson. No report. Thank you. I do over report just following up from yesterday. So, and the comments we made about possible projects for boards, particularly the Community Parents panel. I did hear back, I told you I spoke in with the chair of the Community Advisory Panel, Ms. Moranis. she did watch yesterday's meeting and she expressed this thought for our consideration. Her thought was that she recommended that we task the CAP with the mobility and transportation task. She says it has come up quite a bit from public meetings and it's already been discussed as a potential focus. She believes the CAB could be, CAP could be valuable in collating input along with both connect data and best practices of other cities. So I'm going to suggest multiple tasks but if we're good with that I would say that'd be the first one. Let them at their next meeting this Thursday take that up. Look, start assembling both connect data. Looking at other best practices. I'd even, if they're willing to, consider if you all think so, we could have them also consider the shuttle service here in the northwest quarter, because that has been raised. Have them look that as, you know, as another mobility solution or circulator, and then have them report back to us, you know, they probably take a couple meetings,, but have them report back to us in the summer. Then I would suggest a couple other things. You know, we mentioned I led with education and workforce because we talk about economic development, but I think that's something given the talent on that board that they can be examining some other best practices. We have the other things we talked about, connecting to residents, residents to Satan County Services, elder populations, homelessness, time capsule, and centennial ideas. We talked about a tree planning initiative, but I think the recommendation was to have the, and was it EAB or sustainability? Sustainability, thank you. Yes, sustainability, look at that. So I think we're all in accord with that. Mr. Brown mentioned earlier, I think having parks and rec look at the skate park is a good task for them. And they can report back on what other cities are doing. Give us some options too. But any other things that we'd suggested the CAP now, or do you want to think about it? Because we're giving them one task right now. Thoughts? I think that one task at a time, because that way you could start and complete. We talked about that yesterday. Like, whatever task we give them, let's give them a time frame, whether it's, I don't know if you're gonna say 16, 90, they might come back early and say, we're done with the task and we wanna present the data, but not leave it, not give them, like we haven't given them anything now. It's like I'm 20 projects and none of them get done. I would either want or two and give them start checking at an end. And if they're done earlier then we'll just continue to go down the line. And by then maybe other boards are hearing things and they'll come to us or other residents will have input and we can go from there. Right, so do you want to, it's April now, there's a May meeting, do you want to have them report back to us in July? Like give us a report so we can see it by July so it gives them April, May and June to talk about it and they should focus their next three meetings on that. I'm seeing Mr. Thompson, Nadia, his necklace about to indicate her button to talk. Yes, that sounds good. But as so you're talking about CAP but you also mentioned Parks and Rec. Right I was just taking CAP first. Yeah okay. So that's fine for us. So good we've got them for the next three months and then Parks and Rec should we suggest that they report back same time or maybe even June. June June. Have them report back in June? All right, we're nodding yes on that. And then the tree planting initiative, we can have sustainability report back June too. I think June, I believe Ms. Pato, Jennings has already been working with them for ideas and support for the tree planting initiatives. So they're probably already halfway up to speed at least. All right, all right, all good. I think that's all helpful. So I'm feel good. I think we gave them some tasks and we'll hopefully get better results and engagement too. Any further thoughts on this issue? Then that concludes my report. There's no further business to come before us for adjourned at 940. Thank you and good evening.