[0:05] Need.

[0:05] >> good afternoon and welcome to a regular meeting of the boca raton city council on monday, september 22nd, 2025 time is 358.

[0:13] Our first item of business is the application I will ask councilmembers also to deliver please.

[0:18] >> thank you mayor.

[0:21] >> thank you.

[0:21] Maybe we should do this earlier in the day but nonetheless heavenly father so thank for the chance we have to conduct the people's business here in this fantastic city and we pray that as we do that we do so with your wisdom, with humility and

[0:38] with the heart of servants recognizing that we are here not to be served but to serve as the events of the last few weeks and months have reminded us there are divisions in our city, our country and our world and we pray that those divisions

[0:56] be healed through you and we're all you can do and all of us here and all those listening all become instruments of your peace.

[1:05] We give you all the reason the glory.

[1:08] Amen.

[1:09] Now please rise.

[1:09] Join the pledge of allegiance.

[1:13] >> 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.

[1:28] This is what these mayors here your deputy mayor necklace here councilmember drucker here councilmember thompson think over here.

[1:38] Councilmember wicker, you're all present.

[1:39] Thank you, senator.

[1:39] I know we got a request from the applicant to postpone to the date certain of the 1st november excuse me?

[1:46] >> the 2nd november meeting november 18th the items at 11 b1 b2 concerning baccarat.

[1:52] Is that correct?

[1:53] That's correct.

[1:53] All right.

[1:53] Thank you mr.

[1:57] Taylor.

[1:57] We can do a joint motion to amend the agenda with that postpone it be a council action.

[2:01] >> all right.

[2:02] Thank you, council members and all I can make a motion to postpone to the date certain items 11 eight and 11 b1 b2 to november 18th excuse me.

[2:15] Sorry.

[2:15] 11 now that's right 11 b one and 11 b two to november 18th 2025 and then the agenda lastly so moved for any further discussion.

[2:25] >> all those in favor please say I I very good well now move to the next we've got seven sets of minutes workshop august 25th executive session august 25th regular meeting august 26th special meeting workshop meeting of a budget hearing the

[2:39] september 8th regular meeting of september 9th 2025 any questions or additions hearing that will entertain a motion to approve all business so second thank you.

[2:47] Any further discussion then?

[2:51] All those are all right.

[2:52] All right as approved we have no proclamations or reservations nor board appointments and I don't believe that any responses to version of information requests?

[3:01] No thank you.

[3:01] Let's turn to the consent agenda with any councilmember wish to and consent agenda item one any member of the public wish to comment on the consent agenda only mr.

[3:15] Argent is jonathan g and 65 on college avenue.

[3:24] So what I would like to see adjusted me or pulled is item resolution 145 2025 that is the one that I think everybody had a problem with here today.

[3:43] I'm not sure why the city does it why they can't skip a week to then have a meeting that's not a holiday week like many other cities do as I'm sure all of you would rather be doing work.

[3:56] I had to leave for a while to go to work while these people like to do work as opposed to being here from 10:00 till five 6:00.

[4:04] I think that it's important to have city business done city council especially at a time that outside of normal business hours so I would hope that council can consider that that for instance this week's meeting would us on to the next week

[4:24] and then pushed back thereafter to two weeks after that.

[4:28] >> I think that that would be a good adjustment to the schedule to involve the community as they should in the meetings that their meetings.

[4:36] >> thank you.

[4:37] Anyone else on the consent agenda?

[4:40] >> see no one can afford to close the consent agenda.

[4:44] I would suggest that anyone moving on the consent agenda for a resolution 145 2025 make make it with the changes we discussed at the workshop and the series move in those weeks to adjust as is to say for those weeks in january so moved as discussed

[5:00] earlier at this c.r.a.

[5:03] Meeting the calendar changes to reflect mr.

[5:08] Brown discussed with the council thank you.

[5:10] >> so the second that's all right mr.

[5:14] Speaker thank you.

[5:15] >> any further discussion and just mr.

[5:18] Head we do meetings sometimes we also have meetings in consecutive weeks we try to find policies we are so this is not it can't be perfect for everyone because I don't want to say one conference or at least we had back to back was subpar but

[5:31] it is at least positive here early.

[5:35] So in that case would you please call the roll mrs..

[5:38] Now close yes.

[5:38] Trucker yes.

[5:39] Thompson yes.

[5:42] >> wagner yes.

[5:43] Singer yes.

[5:43] Motion passes 5 to 0.

[5:47] We now turn to item ten and I don't believe you're going to have any further presentation from staff on the government campus opportunity no.

[5:52] Right.

[5:52] Any public comment on this?

[6:01] It is mr.

[6:02] Burke all right.

[6:15] Historically we'd like to come out first to go ahead.

[6:23] Thank you.

[6:24] Martha parker, 64 northwest seventh street.

[6:26] The past few meetings I've come before you and just really trying to give you guys some ideas on some things that you can do to address public trust that really was really destroyed by by the attempts to give away our public land without a public

[6:43] vote.

[6:43] And really honestly you guys were going to do it without the grassroots movement.

[6:47] I do want to say, fran, that I appreciate you taking the time, taking an hour of your time to meet with me and my neighbor and walk through and really understand how the project would impact the lives of the people in my neighborhood.

[7:03] You know the last council meeting you mentioned the inclusion of ab3 in the c 23 strategic plan.

[7:10] Clearly the city and the council did incomplete and just flat out terrible job on the public outreach related to the nature and scope of that plan.

[7:22] The city staff mentioned at the last meeting waiting until the end of this process to get an appraisal of the value of land and if the city and the council used in 2023 that this is what you guys were going to pursue, you really should have

[7:39] known what the value of the land was at the onset of negotiations and planning.

[7:47] How else can you negotiate a fair deal for residents is a complete and total disregard of your fiscal responsibilities to the residents of our city.

[7:55] And I mean to get into a discussion on how important it is to maintain a public land for public use it's just I'm at a complete loss of four words on the complete and total approach to this project.

[8:07] Clearly our city staff are not equipped to negotiate a deal of this magnitude and are getting bad advice from consultants and it's not the staff's fault this is not and should not be their job.

[8:19] And I think you said it about one of your town halls our staff please firefighters are among the best in the nation at providing top notch civic services, some of which have fallen to the wayside as our resources are being diverted into this

[8:37] project.

[8:37] >> let's get our city back to providing services and focusing on providing services to residents.

[8:45] We don't need ap3 to take care of our government campus.

[8:46] We don't need to spend tens of millions of dollars relocating our park services all across our city.

[8:53] We don't need to chop down hundreds of trees and the and we don't need to destroy a memorial park to have a vibrant downtown.

[9:00] I do want to address those of you who received some campaign contributions from tier four to be given back.

[9:08] It gives the complete appearance of pay to play in our city and it compromises the ability for us to trust you to have a fair and impartial evaluation of this deal.

[9:16] Give them back scott you've done so much for the schools of our city by working with the school district to open new schools with limited land that we have in our city rebuilding elementary schools to incorporate to increase capacity let this

[9:32] important work that you've done for education for future generations of of boca raton is be your legacy.

[9:37] Don't take your legacy with unnecessary and risky conversions of public land.

[9:41] >> thank you john roman for 98 northeast street it might be in my speech earlier I discussed how the city council and the mayor and the city of boca raton is misusing this city wide email database as they have from the start of the year to promote

[10:06] propaganda and advertising for the developers interests with no reference to the mass of opposition to this project throughout the community and where any summary details or recognition of the thousands of citizens who signed the petition that

[10:23] was submitted and have come forward any such intelligent and important points about why this project should be scrapped and does not make any sense for our community as we did at the last meeting.

[10:34] >> we have over 70 people coming to everybody opposed to the project except one person over 70 people today we had over 40 people maybe 35, maybe over 40 people speaking everybody in opposition to the project I just received an email from the

[10:51] city of boca raton at 3:18 p.m..

[10:58] It says resident advertising the two charette so the developer and it says residents are encouraged to sign up in advance for one of the two sessions due to the capacity limitation and the strong interests of the project and that is incredible.

[11:17] >> truly incredible what what a misrepresentation.

[11:20] I mean this is to say due to the strong opposition to the project that's what that means to say can you maybe you need to send the email also they then have a link to one boca.com the site of the developer which has an electronic form with it

[11:40] a prepaid letter that says that we you know it's prepaid that you put in your name and your email address.

[11:48] It could be from anybody in the world that you know not nine boca.

[11:54] Meanwhile we have to go out onto the ground throughout the city on the streets spending hours sweating in the summer heat to collect signatures in pen on a form that has to be notarized with people writing full address and everything and they

[12:09] have an electronic form that anybody can can from anywhere in the world can and what are you going to use that for?

[12:16] Are you going to be accepting these just to show that there's support for this project and you're directing them to one you have the going to their website one boca.com why don't you have a link to see bogota.

[12:29] >> org yeah let's let's let's send out an email let's let's send out an email and let's start talking about the truth of what's happening this is propaganda why are you advertising for them with this citywide database the city wide email base

[12:45] that's corruption.

[12:45] >> let's let's let's try it out let's let's share an email was able to show some pictures of what's really happening some photos of the party room out there with people sitting on the floor thank you and anyone else wishing to speak strongly

[13:03] yeah jonathan and 65 or 1 congreso yeah so I kind of call them with a little different stance.

[13:11] I understand where the city's going with this.

[13:14] They decided to do engage in a three they picked their partner but they didn't involve the community and that's where I had a problem.

[13:27] >> they did say at the end of this process that there would be a vote.

[13:31] >> that's where I had a problem .

[13:34] >> the reality is the feelings of the people I don't think that it should be scrapped.

[13:40] I think that you all and the developer who wants to have this project have an obligation to the people of the city and I think that these threats that are coming up need to be framed in a way that the you're not going to win over everybody but

[13:58] you need to win over a lot of these people and how do you do that?

[14:03] There needs to be a constructive discussion not just a developer led discussion coming up in these threats to come up with an idea and a plan that you can win over more and more of the people that frankly this council I believe didn't want them

[14:26] included if they really wanted community involvement, if they really wanted community engagement it wouldn't be meetings that are here in a silo.

[14:41] >> I mean maybe maybe one of 100 people that watch these meetings come to these meetings on a biweekly basis.

[14:52] It's a silo that we're in here and the reality is if you really want community engagement there would have been yellow signs which wouldn't have been needed necessarily.

[15:01] You typically for a regular development but this is nothing regular.

[15:05] There would have been mailers going to the people that do live in the surrounding area prior to the site plan approval but that's in essence what this was is we were working towards a site plan, a plan that was going to be going forward and

[15:21] I don't think this council wanted these people involved but they really are now and if this council wants to see something meaningful that makes sense for this council, the city, the developer and most importantly this community, these charrette

[15:41] need to win these people over and the plan needs to be something that moves in a way that works for the community because that's who this is about.

[15:54] Thank you.

[15:54] So if you speak all right.

[15:58] Thank you.

[16:09] Oh, good afternoon.

[16:10] >> my name is xander and overnight southwest terrace boca raton.

[16:15] >> I just have a message for you guys.

[16:18] >> I've been knocking doors almost every day and I have a message because they told me please tell the what our username is that they arms about you guys.

[16:34] They say please how we're designed.

[16:35] That's not what they asked me to sign.

[16:38] I said only to legal papers and then they go when they sign and everything they go how we can get rid of them doesn't it?

[16:50] How can we get rid of this council?

[16:54] I said well the only way you will have the vote this coming election in march so unfortunately and he said all along is not you are going to fight against you all of you together for this may your position right no good news you guys all up

[17:19] there in the sun in the rain I don't care but I am out there.

[17:23] I am in a dilemma every single basically week we guys and you guys approach me you could be this miss universe including mr.

[17:36] Universe by the people you gain nothing you gain only this place people are upset with you guys are very upset and that's why I am.

[17:51] I don't understand why you keep on spending our time wasting your time wasting my money.

[17:59] I can in order for me to be sorry for the terror unfreeze me.

[18:03] It is rare and a grass root person who lives in boca raton feeling sorry for a billionaire company because you guys are punishing them.

[18:16] I spoke with mr.

[18:20] Crazy today even and he goes well I'm here because we have to be here.

[18:25] Why?

[18:25] Because you are pushing him to do it.

[18:26] If you come up pick up the phone.

[18:27] I say listen, please let us stop this.

[18:30] I'm sorry but are we going we're going to hire you only to build the places that no beautiful city hall nothing is .

[18:42] Please be mindful once more about your people saying mr.

[18:47] Mayor yes I do.

[18:48] You are here.

[18:48] You are so good you are excellent speaker you it isn't me with the idea of going to the garbage no to the recycle bin because when you listen to us it is not correct.

[19:04] >> so mr.

[19:05] Novelas and mr.

[19:05] Bayoumi zucker also going to offer something you guys unfortunately the people are not with you.

[19:12] I'm sorry.

[19:16] Thank you.

[19:16] Anyone else wishing to speak right closes I have a problem requests for you to at least of them as far as common by the time of the appraisal in order to properly appraise the property that we will be conveying we need to know exactly what property

[19:32] we could be conveying and he uses that would be proposed for that property.

[19:36] So until we actually have a fairly tied down plan it's not reasonable to make an appraisal right and just as you said earlier, didn't even want to see meeting the turf.

[19:46] There's a conversation about 31 acres, 18 acres we're looking at actually a lot less few fewer acres than that but no actually be conveyed.

[19:55] >> yes.

[19:55] Yes.

[19:55] All right.

[19:55] Thank you.

[19:58] Any other responses to the workshop information or to the speakers?

[20:02] I think it's comments.

[20:06] >> no, I think so.

[20:07] You know.

[20:07] All right.

[20:07] I will know that by the way, the email came from the city's interest in the project.

[20:11] >> he didn't say support for the project so people are invited to come out regardless interviews and we expect that they will.

[20:20] >> that concludes item ten will now turn to quasi judicial unrelated public hearings and I'll read title resolution 141 2025 resolution number one 4125 a resolution of the city of boca raton considering the approximately 0.51 acre property generally

[20:38] located at one four northwest 20th street, it conditional use approval to authorize approximately 10,560ft2 of retail use an existing building in the m2 general district excuse me an end to general industrial zoning district providing for a

[20:56] buehler planning effective date.

[20:56] >> thank you.

[20:59] They were asked to review the quality control procedures that will govern public hearing.

[21:03] Sure this matter is quasi judicial and accordingly the following rules apply each applicant requesting approval relief or other action from the council shall disclose at commencement or continuous public hearing any consideration payment provided

[21:16] or made directly or indirectly on behalf or agreement to support or withhold objection to the proposed relief action.

[21:25] This afternoon a summary of the procedures governing this proceedings attached to the agenda is available in the lobby.

[21:31] An online copy can also be obtained from the city clerk.

[21:35] >> thank you.

[21:36] This point last council members have had an expert in the communications business starting in this part of the world I have no expertise.

[21:44] Thank you.

[21:44] Thank you for supporting this writer and I know as well.

[21:48] >> so I just want to ask anyone who wishes to see this matter please rise with the clerk and administer the oath.

[21:56] Please raise your hand.

[21:57] Do you swear or affirm that any testimony you made before this public hearing will be truthful and accurate?

[22:01] >> thank you, sir.

[22:04] Thank you.

[22:05] Mayor heather hanson's plan with adult services department will make the presentation resolution one 4125.

[22:09] Yes.

[22:12] Thank you.

[22:13] >> good afternoon.

[22:13] For the record, my name is heather hansen and I have been sworn in.

[22:17] The half acre property is located in two general industrial district just west of dixie highway and four east coast railway tracks on the northeast corner of northwest 20th street and northwest first avenue.

[22:33] >> the building was constructed in the 1950s and is nonconforming regarding setbacks and a number and design of off street parking spaces between the 1950s and 1978 retail with permitted use in this district.

[22:51] >> in 1978 there was a code amendment that allowed retail uses between 1000 and 20,000ft2 as a conditional use in that district.

[22:59] >> while there have been various retail uses in the building since the 50s, the building was recently occupied by boca raton small engines a landscape equipment supply business which was permitted under a combination of machinery and farm implements,

[23:12] sales and repair garages without a square footage limit the applicant requested a business license for an auto zone store which is when it was determined that a conditional use approval is required since the retail uses more than 2000ft2 as

[23:29] far as parking back then the code well the code currently provides that won't existing use of a portion or all of the structures change additional off street parking facilities shall be provided to the extent that off street parking required

[23:46] for the new uses exceed the street parking for the previous use.

[23:50] >> however, while the previous use was not classified entirely as retail in terms of use it has been classified as retail for the purpose of parking since at least the mid 1980s so the new use does not increase the code required parking is not

[24:07] required to comply with the current code requirements for parking but they are proposing some improvements which I'll go through to the existing parking lot as well as to the landscaping.

[24:19] So the current conditions this is an aerial view you can see that is a barren site on a very visible corner.

[24:27] >> there's two queen palms along northwest 20th street right up in here there's asphalt driveway.

[24:32] >> there's some point I don't know if they got approval for it or what happened exactly but there's an excellent work driveway right here that goes straight into where the parking spaces are and there's pavement and then this sort of grassy

[24:47] area to the south and to the south of that is an auto repair facility.

[24:52] And then between the building and the railroad tracks there's just gravel.

[25:02] >> so the proposed site improvements they're going to add more ponds and foundation and plants along northwest 20th.

[25:11] >> so these are the existing ones and so they're adding this they're removing that asphalt driveway so instead of that driveway will be there will be landscaping.

[25:23] They're increasing the parking spaces from 10 to 12, one of which will be an ada accessible space.

[25:31] >> there's an addition of canopy trees and shrubs on the south side so it will be screening that auto repair place and they're going to put in the dumpster will go here with a dumpster enclosure and there will be shrubs around the to screen

[25:47] and then they also are putting a hedge all along here several years ago there was a very dense, tall close year hedge on the railroad side of the property and since then the railroad decided to remove it for whatever reason.

[26:06] >> so now it's very visible but they did a originally they just proposed having a decorative rock in there and they had a preliminary review by the city who recommended putting in hedges and they agreed to do so.

[26:19] >> it staff's opinion that given that autozone is moving into an existing building on a site that basically looks the same as it did when it was developed in the 19 50s, the improvements they are proposing are significant for what is essentially

[26:34] a change of use.

[26:35] Let's go quickly through the existing conditions of the street view just very, very quickly.

[26:39] >> so that's how it looks on the corner there.

[26:43] >> that's where that driveway is that goes straight from the 20 20th into the parking spaces that will be removed.

[26:49] Here's what it looks like on the northwest first avenue side they are going to replace there's not room to do anything else other than parking.

[26:58] The site is very small so it's very constrained.

[27:02] They're going to put in a garage opening here for deliveries and then this is that south side that I mentioned.

[27:13] So there will be a dumpster enclosure here and then trees and shrubs along the side and this is the site adjacent to the railroad tracks which will have that hedge put that will look a lot nicer.

[27:28] So the applicant meets the code criteria for approval of a conditional use that is compatible with the existing and planned development and the character of the district is suitable for the use the existing building property and infrastructure

[27:43] adequate for the use and no adverse impacts are anticipated and so the development services department and the planning and zoning board recommend approval that there are october 20th october, august 21st meeting the planning board discussed

[28:02] the application voted six zero to recommended approval and a cbi's preliminary review.

[28:06] They did review it and the applicant was very responsive to their recommendations and made some adjustments to the landscape plan so we recommend approval of the conditional use permit subject to the conditions set forth.

[28:21] >> thank you councilors any questions seen on will open up the public hearing are you from the applicant or if you'd like you'd like if you'd like to speak you can no one else wanted to speak but no one else.

[28:35] No one else wanted to speak.

[28:36] But you can make a reservation if you like.

[28:39] You may not you may not want to make a very long one based on weekly radio address.

[28:43] >> I don't have a presentation any and if you have any questions regarding the project at all I'm with the design team otherwise broken and I know or at least that we do want to our 20 20th street.

[28:52] Thank you councilors any questions?

[28:55] The applicant all right thank you.

[28:55] Anyone else wishing to speak and so just confirm that since no one else spoke you all concluded remarks you don't want to report yourself.

[29:02] He indicated that.

[29:03] So at this point we'll close the public hearing will entertain a motion to adopt 141 2025 moved to move on to the second second mr.

[29:12] Thompson any further discussion and seeing none since please wager yes thompson yes.

[29:19] Singer yes.

[29:19] Trucker yes.

[29:22] Necklace yes.

[29:23] >> motion passes five votes to zero.

[29:24] Thank you again.

[29:25] Item 11 b was postponed or 2nd november meeting substitute item 12 regular public hearings please be title of ordinance 5750 ordinance number 5750 an ordinance of the city of boca raton relating to the general employees pension plan providing

[29:39] for a one time lump sum payment paid for certain retired or disabled general employees providing for a peeler providing an effective date.

[29:46] >> thank you mr..

[29:50] Thank you mayor jim service r c f o w city manager will make the presentation ordinance number 5750 thank you mr.

[29:58] Reserves.

[29:58] >> yes good afternoon mayor section 12 dash 123 of the code.

[30:02] The code of ordinance provides that a biennial review of the retirement and disability benefits under the general employees pension plan be made to determine whether such benefits have been eroded by increases in the cost of living.

[30:14] This is done on a bi annual basis.

[30:17] Staff has reviewed the cost of living increases and determined that they have been eroded and is recommending recommending a one time lump sum payment for retirees before october 1st, 2015 of 5% and before october 1st 2020 and after october

[30:38] 1st 2015 of 3% the total cost of those lump sum payments are $490,465.

[30:46] >> the the plan as proposed would be for the pension plan to make those payments to the pensions and for the city to pay the pension plan the same amount at the same time thus having no net impact on the unfunded pension liability.

[31:05] And there is an actuarial statement to that effect included in the agenda item.

[31:08] I'm available to answer any questions.

[31:12] Thank you council members.

[31:12] Any questions?

[31:13] Well the public hearing last call course is a public hearing on ordinance 5750 will entertain a motion to adopt some of that.

[31:24] Any further discussion I'll give it to mr.

[31:25] Rader on the second any further discussion?

[31:27] Mrs.

[31:28] Roll drucker yes.

[31:31] Waiter yes.

[31:31] Necklace?

[31:32] Yes.

[31:32] Singer yes.

[31:32] Thompson yes.

[31:35] >> motion passes five votes to zero.

[31:36] Thank you.

[31:36] Would you please read the title of resolution item excuse me resolution one 4725 as item 12 b resolution 147 2025 a resolution of the city of boca raton authorizing the city manager to execute a telecommunication rights of way use agreement

[31:52] with kelsey's cable usa inc for the purpose of use of certain public rights of way for the telecommunications purposes providing for severability voting for a future providing effective date.

[32:01] >> thank you mr.

[32:04] Thanks to ms.

[32:05] Zack b r p w director will make a presentation on resolution one 4725 thank you.

[32:09] Mr.

[32:09] Beer yes good afternoon mayor and city council the applicant sent forward an updated right away use agreement for the use of the city's right away for any existing chelsea's cables to update their existing right away agreement so these contracts

[32:24] have been in place and the city is moving forward the resolution to update the cost per linear foot and also add an updated lease agreement and be happy to answer any questions.

[32:36] Thank you.

[32:36] Council has any questions open up the public hearing john perlman for 9890 c street on please confirm this is the same this is the same company that's bringing cable through spanish river park.

[32:51] >> is that correct?

[32:52] Actually mr.

[32:52] Pro and just so your state your remarks and then yes.

[32:55] >> so this is this is the same cable coming through.

[32:56] This is the same company and that they are an easement agreement was approved at a prior meeting to allow this company to come through with cable to no one knows the methods or the mechanics of how they install it through a ecologically sensitive

[33:13] area and very well trafficked main beach of boca raton and that I was approved at the prior meeting on this company.

[33:24] So mr.

[33:25] Shad was here at the meeting when it was approved and questions were and also another a woman I don't remember her name it was and they were making the presentation they asked her did did the cable have any benefit to to the citizens of boca

[33:45] raton and to remind you at a prior meeting to that mr.

[33:49] Shad recognized that the only benefit was financial.

[33:50] >> this was this was two meetings ago because this is the third time this is coming up.

[33:58] So she said that it did it did happen.

[33:59] It did but but it you know it came out that no, it doesn't have any benefit.

[34:03] This cable is servicing hotels and infrastructure in one of the on the islands in the caribbean and so this cable is not is there's no benefit there's no service being provided to the citizens of boca raton.

[34:24] Additionally mr.

[34:25] Shad recognized therefore there's no there's no benefit to the citizens from the infrastructure mr.

[34:29] Shad recognized the only benefit is $2 million which they're paying for the easement because they need $2 million.

[34:37] >> we're we're sitting on over 600 million cash.

[34:39] We bring in over 500 million a year.

[34:43] So now there's a second string of approvals, a second string of rights of way to enable this company to now come through our streets in various portions of the city.

[34:54] But it's not benefiting the people other than a measly 2 million which doesn't mean that much given how much cash reserves we have and how much revenue we bring in.

[35:05] >> so I guess the question is what why are you why are you giving so so many privileges to this company when it doesn't have a benefit to the people and there's no service being provided to the people other than this this chunk of cash which

[35:22] again isn't going to make or break us.

[35:23] It's it's not it's really pennies pennies to bulga so I think I think there needs to be some type of an explanation on this about why they're allowed to come in through the issue that me and each and panel and allowing them to come through our

[35:41] streets throughout our city why are we allowing this?

[35:45] >> can you maybe you can ask that anyone else wishing to speak mr.

[35:52] Virgin jonathan 65 one congress avenue be super brief the only part of the last meeting that he was referencing I have talked about millions of dollars to the all.

[36:07] I think it's a bad thing.

[36:08] I just think the timeline should be looked at when you close on property, when you do things you don't get it like four years later.

[36:15] I think that the timeline should be expedited significantly that the city should get these funds and not have it be many, many, many years later that you're allowing this.

[36:24] >> that's the only thing I leave.

[36:25] Thank you.

[36:27] Anyone else wishing to speak on this matter?

[36:28] All right.

[36:28] Well, close the public hearing about five factual inaccuracies that I hope we can clear up.

[36:36] We can set aside the opinion of whether $2.6 million in payments is coca cola money or not.

[36:40] But let's see all the facts here first mr.

[36:43] Beer, it was alleged first I think we're talking about two different complete rights of way.

[36:48] >> so can you clarify that for the public here we have existing telecom wires here, right?

[36:51] >> sure.

[36:54] So historically a few decades ago the city was actually an early adopter and work with sub aqueous transcontinental telecommunications companies to be one of the leading providers and have the telecom company land there.

[37:09] So the aqueous transcontinental cables in the united states have over a dome so they need or got early payments for those landings historically and now the time has come to restore those existing agreements.

[37:22] So an easement is over the spanish river property which is separate and apart from the right of use agreement.

[37:29] So the city has I believe already received certain payment for that easement I have it's I saw an email come through that it was wired in so the payment has already been remitted for the first portion of that and are working through the close

[37:39] of sale that's related to the easement over spanish river park.

[37:43] Those have existing cables that have landed and they were horizontally directionally drilled and had to have gone through the army corps permitting process.

[37:52] They have gone all the way to the highest state.

[37:55] It's my understanding that the governor's office had to review that subset of permits which was why it was important to get it on the docket for a high level of review to make sure that that was an appropriate action.

[38:04] Additionally, the equipment that was set up is likely to not show any impact whatsoever.

[38:10] So it's done through technically do horizontal directional drilling where they go several hundred thousand feet below the surface and then land cables and existing switching yard that takes it into existing conduit to two facilities that I won't

[38:24] name in the facility for facility for security reasons those are secure telecommunications and the right way agreement is the portion that extends out of spanish river park and then the city right away that the city gets an annual payment of

[38:39] around $65,000 for these cables in congress to be just within the cities right away.

[38:44] So from a public works perspective it's always great to have any interim revenues coming in for the expenditures.

[38:49] We're always happy to get any revenue of any amount to other assertions made.

[38:55] Why don't you just clarify it?

[38:58] Someone said no one knows how this is done.

[38:58] No one knows the technical technology on this or something to that effect.

[39:03] >> clearly it's very well known, is it not?

[39:04] Oh that's correct.

[39:06] It is been time tested and the city of boca raton even to restore the gumbo limo system had to set up an almost identical situation and horizontally directional drill out several thousand feet in the ocean to restore the pumping system.

[39:20] It's done almost the same and I assure you all environmental permitting and ecological considerations were taken.

[39:28] We actually consulted with our coastal specialists to review our sensitive coral systems and also our borrow pits for our dredging because that's an important resource for the city to continue to our beach nourishment.

[39:39] The consultant actually relocated and rerouted the cables at the city's request.

[39:43] So we have been coordinating very closely with our engineering team to be able to deliver this right.

[39:48] Thank you.

[39:50] And I'm getting back to this particular resolution which deals with our wires that are already existing in our rights of way and in some cases have been there for several decades.

[39:55] Would it be fair to say that there is a benefit to the users in the city who tap into those lines?

[40:02] Yeah, I would just say from a personal perspective this is just a curiosity.

[40:07] I'm a career person so I asked celsius and it is transcontinental that goes through the caribbean to the yucatan and then also distributes to brazil.

[40:13] So my family actually lives partially in brazil and the company identified it.

[40:17] If you're doing a face time in any one of those countries are likely using that cable to transmit the information back and forth at high rates of speed to communicate with the people.

[40:29] So I would say yes, this idea of over time does get a benefit of having those cables is something benefits in addition to these other financial benefits?

[40:38] That is correct.

[40:38] Any of the questions of staff right at this point the public hearing supposedly in a motion to adopt resolution 147 2025 so moved second thank you.

[40:49] Any further discussion?

[40:50] Mr.

[40:50] Thomson yes.

[40:53] Singer yes.

[40:54] Waiter yes.

[40:54] Necklace?

[40:54] Yes.

[40:54] Drucker yes.

[40:57] Motion passes by those two zero.

[40:58] Thank you will now turn to public requests as we have no regular public hearings or settlements any further public requests.

[41:07] John polman for 98 northeast eighth street.

[41:10] >> so I was at the financial advisory board meeting with mr.

[41:14] Service and he he he misrepresented what happened there.

[41:19] So as you know, they only approved $125 million bond on there was they recognize that there was so much cash in the coffers of our city that they actually started the chief of the head person the the boss of the financial advisory board started

[41:39] to proceed with a vote of only 100 million and he started even lower before he even got to 125 because he knew that there's so much cash around.

[41:48] You know, mr.

[41:48] Jervis gave that explanation at a prior meeting of saying how about 677 million?

[41:56] We only had about 30 million to use, you know, for various purposes.

[41:59] So he narrowed it down from 677 to 30 million of use.

[42:03] >> but the financial advisory board disagreed with with that view of that and they started 100 it went to 125.

[42:10] >> mr.

[42:11] Jervis said that on that it was a split vote.

[42:15] >> it wasn't it was a 4 to 3 definitive or that voted for it 125 million dollar bond that you've overridden so you're not taking the advice of them which is unfortunate.

[42:26] I mean unfortunate because you know, when I was at the meeting they had such incredible insights and they had spent such a long amount of time to review all the information and to be honest part of the reason why they wanted to start with a

[42:39] lower number of bond is because of what's happened as a result of this government campus because the people may no longer have faith in what you're doing.

[42:48] >> so they're they're actually they were very concerned very worried that if you came to the people with $175 million bonds that day, they would turn it down which could happen because everyone's on alert here now everyone's way on alert and

[43:04] that's the reason why they started lower.

[43:05] They were afraid the bond was going to be turned out and it could be a possibility.

[43:08] >> the thing is is that when the government campus goes to a vote, it's it's not going to pass.

[43:13] >> it's going to fail because we've been on the streets like we've collected.

[43:20] There's as richard warner said and I love his speeches you have little to no basically little to no support for the project.

[43:28] And when that happens on the capital fund by the way that can be used for a police station and in the next five years mr.

[43:36] Service in his presentation presented at 1.6 $1.2 billion is plan to be used for public works and engineering and utility services and I mean as we know and he'll probably deny it but the reality is a lot of that's going to be going towards

[43:54] the infrastructure of the government campus need to support the private buildings of tariff so on and so forth and when when the government campus is turned down you're going to be flush with cash and you can probably even build it on your own.

[44:09] Mr.

[44:16] Engine jonathan ag and 60 5a1 congress avenue so wanted to thank the council members that I had spoken with for the vote quarter meeting being postponed I'm a fan a good development not a bad development and not when it impacts their neighbors.

[44:48] >> but mr.

[44:49] Thompson's starting off today and talking about the times yesterday I spent a good portion of my day watching about charlie kirk which I have a little daughter and I see that and it hurts.

[45:03] But the one thing I heard was restoring faith which I think has been lost in this country a lot but being accountable to the people that you you disagree with that you may not see eye to eye with and what I heard yesterday was charlie kirk who

[45:23] has millions and millions of followers would leave a meeting such as this and respond to his emails and would respond to the people that he disagreed with.

[45:35] There are council members that I see up here that do that amazingly, the mayor responded to me last night and listen, it was great that it got postponed but there are council members that I didn't hear from that I did reach out to a number of

[45:55] times for calls that I two emails that I think would surprise some of the people in the city and I'm not going to mention a name at this time but I think that being responsive to your constituents in a town of 100,000 people that there's a very,

[46:16] very few amount of those people that do really, really want your ear on something that they feel impacts them that they want to speak to you.

[46:27] And I think it's important that you take this office or any other office that you have to be responsive to your constituents and there are a number of you like I said that that did do this that I that did ask for staff and to be involved and

[46:48] to have conversations and I think that's critical.

[46:52] And then the last point that I want to make is you do have people that are for smart development that are not against anything that you want to necessarily do there that may say there's a lot of this part of town that you're going to leave here

[47:05] at rush hour.

[47:08] Take a look at the traffic at the worst part of the day that it makes sense for development that we continue to not do.

[47:15] But if you do want a successful government candidate, if you think there is any hope and I have to agree with mr.

[47:19] Coleman that what I see is not great for this thing passing you need to use voices in the city that aren't necessarily council that have lost the trust of the people.

[47:31] The developer is never going to have the trust of the people and you need to use the voice of the people that could maybe find something that may work for the people because that's the most important.

[47:43] Thank you.

[47:43] Anyone else?

[47:43] All right.

[47:43] We'll close the time for open requests.

[47:46] >> mr.

[47:46] Brown.

[47:47] Yes, mr.

[47:50] Service, I would could you please respond?

[47:51] I know we again we get a different opinions but I'd rather get the facts.

[47:55] Mr.

[47:55] Service, please sir.

[47:57] Thank you, mayor on a couple just a couple of points regarding mr.

[47:59] Berman statements ,so are the city's five year capital improvement plan is 1.26 billion?

[48:05] That is correct.

[48:06] That is not just utilities and public works and engineering.

[48:09] That is the entirety of the city's five year capital projects and that is not just money that we have that is money from future sources grants, water revenues any any sources.

[48:20] So that's that's the totality of the city's five year capital improvement program.

[48:25] There's no project on there that funds anything related to the downtown redevelopment plan from territories me so that plan is publicly available.

[48:36] It's on our website.

[48:36] It will be discussed it's being discussed in public.

[48:39] It will be discussed again on thursday if there's any project on there that anyone has a question about I'm happy to answer that but nothing nothing in that plan relates to the territories b development proposal.

[48:52] >> thank you.

[48:52] And mr.

[48:52] Service, there were also some comments about quote the boss and quote of the board I think mr.

[48:59] The gentleman was speaking about the chair of the volunteer or financial advisory board.

[49:03] >> could you just again recap what you said earlier?

[49:06] Yeah, that's that's mr.

[49:07] Grout the chair of the financial advisory board.

[49:10] He did make a motion at $100 million to make a recommendation a $100 million bond issue that died for a lack of a second.

[49:18] A subsequent member made a motion at $125 million and that ended up passing on a 4 to 3 vote.

[49:25] So it was a split vote as I mentioned earlier.

[49:27] And the three dissenting votes had an opinion that a higher bond amount was more appropriate for the project and so in mr.

[49:35] Was he one of the 4 or 1 of the three?

[49:36] He was one of the four.

[49:38] He's second of the motion so he was at least 125 and the other three indicated they would have gone higher.

[49:42] Correct.

[49:42] Thank you.

[49:42] All right.

[49:45] >> I think that because of that we have no introduction of ordinances we no quasi judicial public hearings for variances and appeals.

[49:50] So attorneys city manager reports and light of the hour no report.

[49:54] >> thank you.

[49:54] City reports no report.

[49:57] Thank you.

[49:57] Council members, any reports of mr.

[50:00] Reader?

[50:00] If you'll just be a quick thank you I'll go very fast to there's been a long time.

[50:04] >> I'm going to put it up oh we got it okay well I to talk about all of them but I just want to before you go I know some some people have a hard stop.

[50:19] >> how long is your presentation?

[50:20] Roughly three minutes.

[50:20] Okay.

[50:20] Tommy, you run across anyone else of a report we just ask we all right.

[50:26] >> moderator thank you.

[50:27] The only thing I'll talk about is the way it construction ordinance.

[50:31] I brought this up before we've done research on this.

[50:34] I've had my interns do research on this.

[50:35] There are some significantly delayed construction projects in this city that can cause structural mine safety risks risk should be mitigated.

[50:42] I won't go through them all but there's structural hazards water intrusion hazards, fire inspection hazards, life safety code hazards.

[50:50] Anyway, there's some delayed high rise projects for years that have a at risk of structural degradation mold infestation fireproofing waterproofing public safety dangers, eventual non code compliance in many cases engineers should be doing a

[51:06] forensic structural assessment before this work can resume.

[51:10] But I'm seeking consensus here in advance for before is proceed that staff should proceed with an ordinance that requires an enhanced inspection and compliance of significantly delayed projects.

[51:21] We don't need to go into this today.

[51:22] We could bring it up for another workshop but I'd like to see support and yes, it's a long meeting but we do have lots of other things as we do in every meeting that we need to get done and one of them is projects that don't get completed after

[51:35] they're started.

[51:36] Okay.

[51:36] And now you could potentially be a lifesaver risk.

[51:40] So the idea is the intent of this ordinance is to ensure that construction sites that remain inactive were exposed to the elements for extended periods of time are subject to enhanced inspection remediation and compliance measures before the

[51:51] work resumes.

[51:51] Work for the project significantly delayed the other things we could talk about later but but but I really am imploring my colleagues to get some consensus here that staff should be working on this.

[52:04] It's not a complicated do ordinance.

[52:07] I can draft it myself but it's something that we should be working on because there are some projects here that are open to the elements especially after the rain that we've had just these past several weeks.

[52:16] It's a great concern of mine that these projects are not yet writing and they could be at risk upon completion and there's nothing yet as my understanding there's nothing in our code which which details it.

[52:27] So anyway those are my thoughts and I'm sorry such a late hour.

[52:32] That's right.

[52:32] Don't be sorry you you're there.

[52:33] We'll take whatever time.

[52:35] >> just wanted to ask in terms of others mr.

[52:36] Brown staff is evaluating the issue that mr.

[52:39] Wheeler is identified and will be coming forward with the recommendation.

[52:43] >> all right.

[52:44] Thank you.

[52:44] Appreciate it.

[52:44] Start to be really quick 60s I wanted to give an update on trial we had an update from our s c f rta chair marcy woodworth who's also a commissioner for district for the county and their lobbyist has sent a letter to the governor's office to

[53:02] reinstate and to the speaker of the house after you see the asset part of the tribune which is about $27 million and we're still working through the gap and that is going to be addressed during the overall legislature today the property tax

[53:14] select committee was meeting.

[53:17] We have two representatives from our area gazette simon and rob kelly skidmore are on there.

[53:22] The meeting I think was until four and it there's a little bit of a meeting tomorrow morning or the next day.

[53:28] Lastly I mentioned earlier the county wide transportation master plan you can visit ww dot pdc move.com to give your opinion there's 3 or 4 surveys from different angles whether you're a resident, a user, a business or a visitor.

[53:44] So if you want to take off or you can add a laugh or at least I want to congratulate my peers on and on a positive mr.

[53:51] Wagner and it's not for me selected to again for the league of city policy committees we're having their thursday after budget thursday night after budget to have our first meetings on friday and start getting ready for our legislative session.

[54:07] Of course ciara is will be discussed and out of law on taxes so again thank you very much and I just want to give those couple of feedback and if you're celebrating the holiday like some of us are listening so happy and three happy new year.

[54:23] Be safe out there.

[54:24] Thank you.

[54:24] Thank you, ms.

[54:26] Drucker and also congratulations and thank you to as well who's been reappointed to another committees of schools.

[54:30] >> very quickly I just wanted to thank everyone who who came out today.

[54:35] I spent a lot of time in the last couple of weeks since the last meeting meeting with people, speaking with people emailing, calling and I really mean it if I had more calls to make today when I go home or meetings this week with people you

[54:50] want to be heard you want more than three minutes.

[54:53] I have been sitting with some people for hours so please let me know reach out.

[54:58] I'm completely open to meeting with you and hearing your input.

[55:01] I just also wanted to say we were at the police department's celebration of their 100 year anniversary also this great celebration at the alison and thank you to the police foundation edison for putting that on and celebrating all the good work

[55:17] that our police department has done for 100 years.

[55:20] >> thank you mr.

[55:20] Nelson norbert thank you again, as I said multiple times we appreciate that we all come out as business equals just said you do not only have to come to city council meeting in fact I've seen a lot of people in the last few months where who

[55:36] have not emailed or not reached out and please we encourage you to do so.

[55:40] We understand it takes time to be here and we are about to respond in comments as well our development partner on this so please sign up for those upcoming shuras and on all issues whether it's the downtown or otherwise you try our best of be

[55:52] responsive and accountable for celebrating the new year like our family is a happy healthy one and happiness and healthy everyone in our city

City Council Regular Meeting * Special Start Time-Immediately Following Council Workshop

Agenda

Transcript