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Minutes 09-17-13MINUTES OF THE CITY COMMISSION MEETING HELD ON TUESDAY, SEPTEMBER 17, 2013, AT 6 P.M. IN COMMISSION CHAMBERS, CITY HALL, 100 EAST BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Jerry Taylor, Mayor Woodrow L. Hay, Vice Mayor David T. Merker, Commissioner Michael M. Fitzpatrick, Commissioner Joe Casello, Commissioner Lori LaVerriere, City Manager James Cherof, City Attorney Janet Prainito, City Clerk 1. OPENINGS A. Call to order - Mayor Jerry Taylor Mayor Taylor called the meeting to order at 6 p.m. to discuss the litigation case of Morton E. Goldstein versus the City of Boynton Beach, Florida. Roll was called and Mayor Taylor, Vice Mayor Hay, Commissioners Merker and Casello were present constituting a quorum. CLOSED -DOOR SESSION ON TUESDAY, SEPTEMBER 17, 2013 AT 6:00 P.M. TO DISCUSS THE LITIGATION CASE OF MORTON E. GOLDSTEIN, PLAINTIFF VS CITY OF BOYNTON BEACH, FLORIDA, DEFENDANT, UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, CASE NO. 13- 80158- CIV- MARRA/MATTHEWMAN Attorney Cherof advised the session would take about 20 minutes. In attendance would be the members of the City Commission, City Manager, City Attorney and special counsel to the City, Michael Burke. At the conclusion of the closed -door session, the Commission would return to Chambers and resume the City Commission regular meeting that will be interrupted by a short Community Redevelopment Agency Board meeting. Mayor Taylor recessed the meeting in Chambers at 6:08 p.m. The Commission returned to Chambers at 6:34 p.m. and convened the Special Community Redevelopment Agency Board meeting that was concluded at 6:37 p.m. Mayor Taylor called the regular City Commission meeting to order at 6:37 p.m. Roll was called and all members were present. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL SEPTEMBER 17, 2013 B. Invocation by Rev. Georgia Hillesland, Boynton Beach Congregational Church C. Pledge of Allegiance to the Flag led by Commissioner Fitzpatrick The invocation was given by Reverend Georgia Hillesland who was honored to be present. The Pledge of Allegiance to the Flag was led by Commissioner Fitzpatrick D. Brand Promise Statement The Brand Promise Statement was read: "It is time to take a look at Boynton Beach, conveniently nestled in the coastal heart of Palm Beach County." E. Agenda Approval 1. Additions, Deletions, Corrections Commissioner Casello had a correction on Item 6.R; Resignation of Shirley Cassa, should reflect she was an alternate rather than a regular member of the Planning and Development Board. 2. Adoption Motion Vice Mayor Hay moved to approve the agenda as amended. Commissioner Casello seconded the motion. Vote The motion passed unanimously. 2. OTHER A. Conduct this second Public Hearing for the Fiscal Year 2013 -2014 Budget in order to: 1. PROPOSED RESOLUTION NO. R13 -092 - Adopt the Final millage rate for the General Fund for Fiscal Year 2013 -2014. Attorney Cherof advised this was the second and final public hearing to set the millage rate and adopt a budget for fiscal year 2013/14. The public will be given an opportunity to comment on the millage rate and on the budget. They can ask questions of the Commission or staff with respect to either, when the matter is opened to the public. 2 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL SEPTEMBER 17, 2013 The procedure, pursuant to State law, is the City must first adopt the final millage rate, followed by a resolution adopting the final budget. The last action will be for the City Commission to ratify the budget previous adopted by the Community Redevelopment Agency. Motion Commissioner Merker moved to approve Proposed Resolution No. R13 -092. Vice Mayor Hay seconded the motion. Mayor Taylor opened the issue for public hearing. Mack McCray, 806 NW 4 th Street, thanked each of the Commissioners for doing an excellent job and being prepared. It would be extra money out of his pocket, but well spent. Vote The motion passed unanimously. Attorney Cherof read Resolution No. R13 -092 by title only. It set the millage rate at 7.9000 mills and is 5.50% above the rollback rate of 7.4882 mills. The effective day is September 17, 2013. 2. PROPOSED RESOLUTION NO. R13 -093 - Adopt the Final Budget for the General Fund and all other funds for Fiscal Year 2013 -2014. Motion Vice Mayor Hay moved to approve Proposed Resolution No. R13 -093. Commissioner Fitzpatrick seconded the motion. Mayor Taylor opened the issue for public hearing. No one came forward. Vote The motion passed unanimously. Attorney Cherof read Resolution No. R13 -093 adopting the budget for the General Fund for Fiscal Year 2013 -2014 B. PROPOSED RESOLUTION NO. R13 -094 - Ratification by City Commission of the Boynton Beach Community Redevelopment Agency (CRA) annual budget for fiscal year 2013 -2014. K MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL SEPTEMBER 17, 2013 Attorney Cherof read Proposed Resolution No. R13 -094 by title only. Motion Vice Mayor Hay moved to approve Proposed Resolution No. R13 -094. Commissioner Casello seconded the motion. Mayor Taylor opened the issue for public hearing. Mack McCray, 806 NW 4 th Street, had been a Commissioner and had reviewed the CRA budget. He commended the Commission for a job well done. Vote The motion passed unanimously. C. Informational Items by Members of the City Commission Commissioner Casello noted the naming by the City Manager of the new Police Chief Jeff Katz. The City Manager made the best choice. He had observed Interim Chief Katz and attended the Town Hall meeting and was very impressed how hostility from the residents was dealt with professionalism. Chief Katz would be an asset and the Commission looked forward to working with Chief Katz's leadership in restoring the pride back in the Boynton Beach Police Department. Commissioner Casello attended the Business Development Board Gala with well over 500 business and political leaders in attendance. The City was lucky to have senior statesmen like Mayor Taylor and Vice Mayor Hay making contacts with the business community. The renaming of Ocean Park to Dewey Park was well attended and he thanked Wally Majors, Director of Recreation and Parks, for preparing the Park for the ceremony. The 9/11 remembrance was held at the Christ Fellowship Church in Royal Palm with the assistance of Fire Chief Carter. It was a great presentation and the Boynton Beach Police and Fire were well represented at the event. The Chamber luncheon included the State of City address given by Mayor Hay. It was inspirational to hear from Mayor Taylor, the City Manager and the leaders that are moving Boynton Beach forward. A final strategic planning session had been held and laid the long range vision for Boynton Beach and it was very encouraging. Commissioner Casello had met with Rebecca Shelton and Bonnie Miskel, representing the parties who own One Boynton Place, to discuss the progress of the project and future plans. Commissioner Merker congratulated Police Chief Katz who has professionalism, dignity and warmth in handling all people. He understood not everyone knows all the facts and rd MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL SEPTEMBER 17, 2013 made people thank him for his assistance. Commissioner Merker wished not only Chief Katz, but also the entire Police Department the best of luck. Vice Mayor Hay indicated Police Chief Katz was already receiving positive feedback from the community. Chief Katz was easy to talk to, but knew when to be firm. The entire Commission had been busy attending activities and representing the City. It allows the Commission to get broader ideas, network with other public officials, business owners and developers, which can only be a benefit to the City and its citizens. Commissioner Fitzpatrick congratulated Chief Katz and those other officers who would be promoted along the chain that would follow. He had attended most of the events mentioned. The 9/11 memorial had only three public officials attending and the City of Boynton Beach had both Commissioners Casello and Fitzpatrick at the event. Chief Carter had a major role and many of the City's Fire and Police personnel took part in the ceremonies and did a great job. Additionally, Commissioner Fitzpatrick had met with County Commissioner Vana about the four acres at the north end of Lake Ida Park to discuss the future of the site. After attending a neighborhood association meeting at Betty Thomas Park, he was disappointed to see a for sale sign on the four acres. Vice Mayor Hay added he had spoken with Congresswoman Lois Frankel, County Mayor Steven Abrams and others about the "All Aboard Florida" train. The impact to the municipalities is funding a mandate to upgrade the crossings for the high speed trains. Jeff Livergood, Director of Public Works and Engineering, was looking at alternatives to minimize the expense. The study is ongoing. Vice Mayor Hay encouraged the Commission to attend functions as a representative of the Commission and not to promote individual goals and objectives. Commissioner Casello wished Vice Mayor Hay and his wife Happy Birthday. Ms. LaVerriere had no hesitation appointing Chief Katz to the position. She was impressed. with the work he had done in the interim and the initiatives he had taken that have been effective. They have assisted with morale and probably 60% of the issues outlined in the consultant's study were being addressed. The majority of officers within the Department would agree. Ms. LaVerriere indicated he was a pleasure to work with, had fantastic communication skills and was very aware of the day -to -day operations of the entire Police Department. He has strong administrative strengths and values and she felt she made a very good decision. Mayor Taylor added his congratulations and was very proud of all the officers who work under his command. He had taken on a tough responsibility, but was definitely up for the task. 5 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL SEPTEMBER 17, 2013 Mayor Taylor had attended the events mentioned and had met with Bonnie Miskel and Rebecca 'Shelton about the One Boynton property development. As usual it comes down to money and everyone was working to develop the vacant space. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Proclaim the year of 2013 as Viva Florida 500 Year. Accepting the proclamation will be Melissa Schechter, Southeast Regional Liaison Viva Florida 500. Mayor Taylor read the Proclamation celebrating Viva Florida 500 and Spanish explorer Ponce de Leon landing on the coast of Florida in 1513. He documented his voyage and bestowed the name of La Florida, Feast of the Flowers. Ms. Schechter thanked the Commission and City for its support in using 2013 to celebrate the rich history and culture of the State of Florida. More information can be found at the web site www.vivaflorida.org Commissioner Merker remarked the key factor was Ponce de Leon discovered the Fountain of Youth, the reason so many move to Florida. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Mack McCray, 806 NW 4 Street, thanked the City Manager for the work on the millage rate that was passed and the budget. He also thanked her for not going outside to find a Police Chief and saving the City $30,000. Mr. McCray congratulated Chief Katz and would continue to work with him. Sunny Garcia, 1631 NW 3` Lane, congratulated Chief Katz. He had attended the Town Hall meeting at the Sims Center. He asked the Chief to get more involved with the public and have regular meetings with the citizens. The City had made a wise decision. Elliott Williams, 8892 Livingston Way, Chair of the Special Events Ad Hoc Committee, thanked the Commission for the opportunity to serve on the Committee. The establishing resolution needed to be changed in some respects. The Committee has attempted to organize a Pepper Festival and has now gone to the Chamber of Commerce. The Committee wanted to bring people together from all walks of life since Boynton is a very diverse City. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL SEPTEMBER 17, 2013 Mr. Williams understood some of the committees were being dissolved. The Special Events Ad Hoc Committee was a good Committee, with good people on the Committee. Most of the members were present and they all work together and stick together. A letter survey had been received that suggested the Commission did not want the Committee anymore. He stressed the Committee wanted to be a part of the City and work hard to bring a signature event to the City of Boynton Beach. Commissioner Casello had attended the last meeting and the members were all dedicated, hard - working individuals. At some point a decision has to be made and not keep the Committee members in limbo. Either their input has to be utilized or the Committee disbanded. There needs to be a decision so they do not waste their valuable time. Mayor Hay was aware staff would be bringing something before the Commission very soon. Mr. Elliott noted there were representatives assigned from the CRA and the City that have not attended the meetings for some time. They are supposed to assist the Committee. Vice Mayor Hay was encouraged to have a Board address the Commission and be involved and active. One of the challenges is getting members on the boards. A vibrant board is good and in his opinion should not be disbanded if it is providing input. He was pleased to be given the information. Ray Whitely, 7353 Palmdale Drive, congratulated Chief Katz on the promotion that was very well deserved. Boynton United looked forward to working with the Police Department and City to consistently champion the cause for a united Boynton Beach. It has rallied the City government leaders, businesses and centers of faith and citizens -at- large with positive programs designed to improve the quality of life. One initiative is the "Be Silent No More" initiative to truly bury violence and stop being silent. Cards were available that had phone numbers for reporting all types of violence including animal abuse and callers remain anonymous. Audrey Gerger, 311 NW 1 St Avenue, thanked Chief Katz for a great department and quick response to calls. She had reported a crime and the suspect was immediately captured. She was also President of the Boynton Beach Garden Club that was celebrating its 75 anniversary at the Woman's Club in November. She had started the "Yard of the Month" club and would appreciate any entries for the contest. The Garden Club meetings are held on the 4 th Tuesday of each month. Ms. Gerger supported saving the Old High School and questioned if the facility could be used as a hurricane shelter. It is well built and has withstood many strong storms over the years. She asked the Commission to consider saving the building. No one else coming forward, Mayor Taylor closed public audience. 7 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL SEPTEMBER 17, 2013 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following openings exist: Arts Commission: 1 regular and 2 alternates Building Board of Adjustment and Appeals: 3 regulars and 2 alternates Code Compliance Board: 2 alternates Community Relations Board. 2 regulars and 1 alternate Education & Youth Advisory Board: 1 alternate Financial Advisory Committee: 2 regulars and 2 alternates Historic Resource Preservation Board: 1 alternate Library Board: 2 alternates Recreation and Parks Board. 1 alternate Planning and Development Board: 1 alternate Senior Advisory Board: 3 regulars and 1 alternate Special Events Ad Hoc Committee 1 regular and 1 alternate Motion Vice Mayor Hay moved to appoint George Neger as a regular on the Building Board of Adjustments and Appeal. Commissioner Casello seconded the motion. Vote The motion passed unanimously. Motion Vice Mayor Hay moved to appoint Beverly Ward as a regular member of the Senior Advisory Board. Commissioner Fitzpatrick seconded the motion. Vote The motion passed unanimously. 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. Approve the updated Library Long Range Plan for 2013 -2018. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL SEPTEMBER 17, 2013 B. PROPOSED RESOLUTION NO. R13 -095 - Authorize the application and agreement for Library State Aid To Public Libraries Grant for FY2013 -2014. C. PROPOSED RESOLUTION NO. R13 -096 - Approve and authorize signing of an Agreement for Water Service outside the City Limits with Julie L. Marcinkoski for the property at 1105 Ridge Rd, Lantana, FL. D. Approve increase to Blanket Purchase order #130400 bringing total amount of purchase order to $29,500 to Manpower for temporary services, in the Development and City Manager Departments, as a piggyback of State of Florida Contract No. 991 - 460 -07 -1. E. PROPOSED RESOLUTION NO. R13 -097 - Adopt the City of Boynton Beach's Comprehensive Emergency Management Plan. This CEMP was developed to ensure the city is prepared to deal with large scale emergencies that may occur from time to time through an "All Hazards" approach to planning for, responding to, and recovering from these incidents. F. PROPOSED RESOLUTION NO. R13 -098 - Approve the acceptance of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). Our agency was awarded $36,742 (award # 2013 -DJ -BX -0233) on 08/09/2013. The funds have been allocated towards our Holiday Deployment Operation, the purchase of tasers and laptop computers. G. PROPOSED RESOLUTION NO. R13 -099 - Approve the City's State Housing Initiatives Partnership (SHIP) Annual Report and authorizing the Mayor or his designee to execute the Certifications to accompany the report. H. PROPOSED RESOLUTION NO. R13 -100 - Approved transfer of $54,000 from Economic Development Division to Community Improvement Fund to continue the Commercial Rent Subsidy and Commercial Interior Build -Out Assistance Programs. I. Approve 2013 -2014 premium expense for Automobile Liability Insurance with our current carrier BRIT Insurance Group in the amount of $63,348.80 for the six (6) month period of October 1, 2013 - March 31, 2014. J. Accept the written report to the Commission for purchases over $10,000 for the month of August 2013. K. PROPOSED RESOLUTION NO. R13 -101 - Approve Amendment No. 2 to the Neighborhood Stabilization Program (NSP1) Agreement between the City and the CRA that extends the term of the Agreement to September 30, 2014. 0 MEETING MINUTES REGULAR CITY COMMISSION BO YNTON BEACH, FL SEPTEMBER 17, 2013 L Approve extending the City's banking services contract with Bank of America from October 1, 2013 until such time as a Request for Proposal for Banking Services is prepared, advertised, reviewed and awarded. M. PROPOSED RESOLUTION NO. R13 -102 - Authorize the City Manager to execute the Participation Agreement with Bank of America, N.A., Banc of America Merchant Services for payment processing services in accordance with the terms and conditions of the State of Florida Department of Financial Services Master Services Agreement with Banc of America Merchant Services. N. Approve recommendation by staff to reject all proposals submitted in response to a Request for Proposals for an "Executive Search Firm ", RFP No. 073-1210 - 13/J MA O. Approve the minutes from the Regular City Commission meeting held on September 3, 2013 P. Accept the resignation of Thomas P. Mandler a regular member of the Recreation and Parks Board Q. Accept the resignation of Vince Piraino, a regular member of the Community Relations Board R. Accept the resignation of Shirley Cassa, an Fegula alternate member of the Planning and Development Board 7. BIDS AND PURCHASES OVER $100,000 None 8. CODE COMPLIANCE & LEGAL SETTLEMENTS None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Request for Master Plan Modification (MPMD 13 -001) and Conditional Use (COUS 13 -002) approval intended to allow construction of a freestanding restaurant with drive - through facility consisting of 2,024 square feet; and related site improvements at the Cross Creek Centre, 1301 West Boynton 10 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL SEPTEMBER 17, 2013 Beach Boulevard, within a PCD (Planned Commercial Development) zoning district. Applicant: Michael Janoura of Cross Creek Boynton, LLC. (ITEM HAS BEEN ADVERTISED AND SHOULD BE TABLED TO THE OCTOBER 15TH). Motion Vice Mayor Hay moved to table. Vote The motion passed unanimously. B. PROPOSED ORDINANCE NO. 13 -024 - abandonment of portions of a 12 foot -wide Compson Place at Renaissance Commons, Boulevard, zoned SMU (Suburban Mixed Comparato, Compson Place Apartments, ADVERTISED AND NEEDS TO BE TABLED OCTOBER 15th MEETINGS.) Motion FIRST READING - Request Utility Easement located at 1831 Renaissance Commons Use). Applicant: Anthony LLC. (ITEM HAS BEEN TO THE OCTOBER 1st AND Vice Mayor Hay moved to table. Commissioner Casello seconded the motion. Vote The motion passed unanimously. C. Approve Conditional Use request for a daycare operation within the school building at Seventh Day Adventist Church, on a 1.15 -acre site, located at 138 SE 27th Avenue, in the R1AA (Single Family Residential) zoning district. Applicant: Michael J. McClendon. Attorney Cherof announced it was a quasi - judicial proceeding and administered an oath to all those intending to testify. The applicant, Michael McClendon, 7228 Chesapeake Circle, was present. Ed Breese, Principal Planner, reviewed the request for a Conditional Use to open a daycare operation within a Church school building. It would accommodate up to 80 children, ages two to five. It was last operated as the Gold Coast Junior Academy for grades K -8 and as part of a Church campus. The addition of the daycare center would not adversely impact the traffic circulation patterns. The hours of operation would be 6 a.m. to 6 p.m. Monday through Friday that would not impact peak Church use of the 11 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL SEPTEMB 17, 2013 parking. The minimum parking requirement is 11 parking places and there are 59 onsite. The landscaping is in good condition, but the applicant would have to fill in any gaps around the parking area and extend the Coco Plum hedge along the south and east property lines to buffer surrounding residential structures. The building meets or exceeds the setback requirements of the Single- family Residential Zoning District and a daycare use is compatible with the surrounding uses. They tend to be patronized by church members and neighborhood residents. Staff recommended approval subject to the conditions of approval. Mayor Taylor asked if the applicant agreed with all conditions of approval and Mr. McClendon indicated his agreement. 0 Motion Vice Mayor Hay moved to approve. Commissioners Casello and Fitzpatrick seconded the motion. Commissioner Merker requested information relating to Mr. McClendon's qualifications to operate a daycare center. Mr. McClendon operates a LLC and his daughter has a home daycare that would be extended to the center. He was a pastor and had lived in the City of Boynton Beach his entire life. Mayor Taylor opened the issue for public comment and no one came forward. Vote The motion passed unanimously. D. PROPOSED ORDINANCE NO. 13 -025 - FIRST READING - Approve amendments to the Land Development Regulations (LDR) modifying gross floor area regulations, off - street parking requirements, food preparation, and entertainment associated with accessory tasting rooms. Staff - initiated. Attorney Cherof read Proposed Ordinance No. 13 -025 by title only, on first reading. Motion Vice Mayor Hay moved to approve Proposed Ordinance No. 13 -025. Commissioners Fitzpatrick and Casello seconded the motion. Vote 12 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL SEPTEMBER 17, 2013 City Clerk Prainito called the roll. The vote was 5 -0. E. PROPOSED ORDINANCE NO. 13 -026 - FIRST READING - Approve the historic designation application for the Boynton Hills Lights located along NW 1st Street, Boynton Beach. Attorney Cherof read Proposed Ordinance No. 13 -026 by title, only on first reading. Motion Vice Mayor Hay moved to approve Proposed Ordinance No. 13 -026. Commissioner Casello seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5 -0. 10. CITY MANAGER'S REPORT None 11. UNFINISHED BUSINESS None 12. NEW BUSINESS None 13. LEGAL A. PROPOSED ORDINANCE NO. 13 -027 - FIRST READING - PUBLIC HEARING - Approve amendments to the Mobile Vending Unit regulations of the Land Development Regulations, Part III - Chapter 1, Article 11; Chapter 2, Article 11, and Chapter 3, Article V. Attorney Cherof read Proposed Ordnance No. 13 -027 by title only, on first reading. Motion Vice Mayor Hay moved to approve Proposed Ordinance No. 13 -027. Commissioner Casello seconded the motion. Mayor Taylor opened the issue for public hearing. 13 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL SEPTEMBER 17, 2013 Gary Mehall, 1820 New Palm Way, remarked the City had allowed a temporary permit for food trucks in Harvey Oyer Park. The food trucks had broken many existing Codes. The trucks are supposed to be 300 feet from single - family, residential properties. Mr. Mehall's condo was 167 feet from the trucks. There is a single - family home that was only 27 feet from the food trucks. Another issue was the food trucks remain at the Park from 4 p.m. to 10:30 p.m. rather than the 5 p.m. to 9 p.m. schedule. There were 12 to 15 trucks in the Park using generators throughout the time period. He felt strongly the food trucks should be kept in a commercial area that is not adjacent to homes. The food trucks are also taking business away from local businesses that are striving to make the City a better place. Most truck owners are from outside Boynton Beach and do not buy their products or gasoline in the City or County. The trucks are required to be 100 feet apart from each other and they were set up eight to nine feet apart. Mr. Mehall understood the Codes were going to be changed. He contended the City needed to monitor the events and make sure the residents nearby are not being disturbed. Commissioner Merker asked if the Chamber of Commerce endorsed the truck events. He wanted the Chamber's input and that of local restaurant owners who compete with these trucks. Commissioner Casello thought the new ordinance would set appropriate standards that could be enforced. Nancy Byrne, Director of Development, confirmed the events would be monitored very closely. The residents, business owners and Chamber of Commerce were part of a focus group had been surveyed and helped put the regulations together. All the stakeholders were invited to every public hearing. She anticipated many of them would be present at the Planning and Development Board meeting and the Commission's next reading of Ordinance on October 1St Staff had reviewed an existing conservative Code that did not accommodate this type of event. Approval from the Commission was sought to allow the event to occur to determine the possible impacts both positive and negative. Staff would then return with recommendations on how to accommodate the events. The pressure in support of the trucks has been tremendous. The opposition is a minority voice. Ms. Byrne speculated almost every major commercial shopping site in the City, the Mall and even calls from the industrial district, wanting to bring the food trucks to their locations. Restaurants were calling and asking to allow food trucks at their locations. They are an attraction. The regulations were changed to allow food carts and mobile vendors, not particularly food trucks, into the regulations. There are better definitions and a rally is now called an assembly and food trucks would be allowed in industrial areas. There would be a process for every mobile vendor, whether it is a food truck or a boutique -type truck that is mobile. There will be a registration and inspection process to assure the trucks can 14 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL SEPTEMBER 17, 2013 come to different sites after inspection and be placed on a registry. A mobile vendor unit site process with an application, administratively approved, generated by a food vendor, with the permission of an owner or by an owner will provide a site layout. There can be a maximum of three trucks if the site is over an acre and a half in size or one truck per half acre. Beyond three mobile units it would be considered an assembly with a separate application that would come before the Commission. An assembly would happen on a recurring basis. It would not be a one -time special event. There would be some flexibility on the parameters for the Commission's discretion. Mayor Taylor did not understand why the restaurants would be in favor of the food trucks. Ms. Byrne found the smaller restaurants wanted food truck or boutique trucks onsite to bring attention to their location. There was a food truck rally at the Backyard Grill. Ms. Byrne advised she would contact the Chamber of Commerce and the Mall officials to be present for the next public hearing. The Mall had requested food trucks be allowed outside Cinemark on Sunday evenings. Ms. Byrne noted there would be parking requirements that would have to be met. If the outside generators are a problem they may have to be further regulated or use sound baffles to reduce the noise. Mr. Mehall appreciated Ms. Byrne's open communication with the residents and keeping the residents informed. He was in favor of individuals running their own business. It was important that the events be in areas that are commercially oriented and not among residential developments or single - family homes. There should be a compromise that can be achieved. Commissioner Casello confirmed that three or more trucks would be considered an assembly and would have to get approval of the Commission and Ms. Byrne confirmed, as long as the site was big enough. Commissioner Fitzpatrick was in favor of Oyer Park. It had bathrooms and a nice view of the intercoastal waterway. He had attended three events and the trucks were not stealing any business from local restaurants. He encountered people from Lantana and Lake Worth, not just Boynton Beach residents. The noise is a consideration and he suggested an electric head be installed for the trucks to connect and spread the cost over a couple years. Ms. Byrne agreed it could be considered in the next budget. Commissioner Fitzpatrick indicated there are other events at the Park that could use a permanent electrical set up. Vice Mayor Hay inquired how many complaints had been received from the events. Ms. Byrne had only gotten the complaint of the residents that were present. She emphasized many other cities are utilizing these trucks to draw people to their municipalities. Quantum Town Center, Sunshine Square and the Mall had all approached Ms. Byrne about having food rallies and food trucks and boutique trucks. Boynton Town Center had a boutique truck onsite. 15 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL SEPTEMBER 17, 2013 Ms. LaVerriere pointed out there are people that follow the food truck venues and seek out that atmosphere and type of fare. It is a different customer area. Ms. Byrne added, from an economic development standpoint, it introduces people to the City that would not otherwise come to the area. Motion Vice Mayor Hay moved to approve. Commissioner Fitzpatrick seconded the motion. Commissioner Merker did want to hear from the President of the Chamber of Commerce. He understood there was positive feedback, but was taken aback that restaurants and retail stores would want these events. Vote City Clerk Prainito called the roll. The vote was 5 -0. 14. FUTURE AGENDA ITEMS A. Announcement of Public Meeting to be held at the Carolyn Sims Center at Wilson Park (225 NW 12th Avenue) on October 24, 2013 at 6:30 p.m. for the purpose of updating the Heart of Boynton Community Redevelopment Plan B. Renaming of Oceanfront Park - 10/15/13 C. Award RFP for lobbying services - 10 -1 -13 D. Approve amended Ordinance providing for use of Special Magistrate for Code Enforcement/Lien Reduction Hearings - 10 -15 -13 E. Consider Planning and Zoning Review of Development projects by the CRA Board - 10 -1 -13 F. Proclamation for Reading and Literacy Month - 10/01/13 15. BRAND PROMISE STATEMENT "BREEZE INTO BOYNTON BEACH - AMERICA'S GATEWAY TO THE GULFSTREAM" Those present recited the Brand Promise Statement. 16. ADJOURNMENT 16 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL SEPTEMBER 17, 2013 There being nothing further to come before the Commission, Mayor Taylor properly adjourned the meeting at 7:41 p.m. CITY OF BOYNTON BEACH Jgfr`y Taylor Mayor, row L. Hay, Vice"Mayor issioner ATTEST: J M. Prainito, MMC lerk dith A. Pyle, CM Deputy City Clerk Mi hael IVhFitzpatrick, Commi loner Casello, Commissioner 17 m 0 Z 9 Z 0 • Boyd k I I Lei k 1 - .1 W T 2 NUU PROJECT NAME: Lil' Footprint Academy (COUS 13-001) v . APPLICANT: Michael J. McClendon, T&M Consulting b APPLICANT'S ADDRESS: 7228 Chesapeake Circle, Boynton Beach, Fl- 33436 1 Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant X HAS HAS NOT .M MMMoMIM5177104 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "D" with notation "Included." 4. The Applicant's request is hereby GRANTED subject to the conditions referenced in paragraph 3 above. DENIED I E 19M �91= 2 A F N I 0 N 1:2,257 w s i ) 1 a o.az 5 o.aa 0.08 w FOOTPRINT (COUS s ■ $ | t& § �� � � � � f{ ! { {) / � � ! �. . � | , A. Applicability. Where zoning district regulations indicate that a use is allowed as a conditional use, the procedures, requirements, and standards set out in Chanter 2. Article 11 Secti C and this section shall apply. Standards for Evaluation Conditional U5e5, In evaluating an application for conditional use, the Board and Commission shall consider the effect of the proposed use on the general health, safety, and welfare of the community and make written findings certifying that satisfactory provisions has been made concerning all of the following standards, where applicable: Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, ane access in case of fire or catastrophe; Off-street parking an4-,# d_ particular attention to the items in subsection C.I. above the ,K on adjacent and nearby properties, and the city as a whole; Eggponse: Ample space is provided for parking, loading and unloading. No hindrances to traffic flow is foreseen even in case of a fire or catastrophe. Parents will be provided a detailed document explaining the pick-up and drop-off procedures for all children in care. This location will be in the �va�irGJ#A*, il!�Vq causing no disturbance to any residents and or businesses in the surrounding areas. There will also be an individual assigned to assist during pick-up and drop-off. 3. Refuse and service areas, with particular reference to the items in Subsection C-1. and C.2. above; I 1 1 1 1 1 S. Screening, buffering, and landscaping with reference to type, dimensions, and character; Repp Upon receiving approval from the City Commissioners of Boynton Beach we will plant Coco Plum hedge feet alon!g,�:jiiIII e-iu building for buffering. 6. Signs, and proposed exterior fighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties; iiiiiiiiiiii III MEN 11 1 1111111!!1 111112291=�*' �'M 9. General compatibility with adjacent properties, and other property in the zoning distriz place in the parking lot area ONLY, therefore the surrounding properties will not disturbed or inconvenienced with the noise, traffic, parking or the like. 9. Height of buildings and structures with reference to compatibility and harmony to adjacent nearby properties, and the city as a whole. Re—$, the employment opportunities available within the City of Boynton Beach. Providing individuals a chance to jajri-�ment v-,,rovideU,,vI '_'alI & families within the city. 11. Where applicable, the proposed use furthers the purpose and intent of a corresponding mixed use zoning district or redevelopment plan; ReSDonse::1!im-sito,r-rNi It r a k . "I'll, . I , nigntcluns ana similar establishments shall include the following analysis performed by a c e tified acoustic engineer; We will adhere 4 the Cit e of Boynt on 4:11'£I Conditions of Approval Project name: Lil' Footprint Academy File number: COUS 13 -001 Reference: D AV T i ► ► � ENGINEERING/PUBLIC WORKS/ UTILITI Comments: 1. No playground equipment shall be placed over the utility easement. X 2. Any impervious surfaces created in the play area will be evaluated for further drainage review at time of permitting. X Comments: None I Comments: None I Comments: None I Comments: None I Comments: I:�IJ I � �7 h [rl �71TI[+�C +7►1 PARKS AND RECREATION PLANNING AND ZONING 3. Placement of any play equipment shall be restricted to close proximity to the school building, on the south side only, with no equipment X placed east of the east wall of the school building. 4. The Cocoplum hedge proposed along the east property line buffer shall be planted tip -to -tip with branches touching and shall be allowed X to grow naturally to become a dense buffer, with only periodic pruning to encourage a full, dense, and tall hedge. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS I Comments: None Conditions of Approval DEPARTMENTS I INCLUDE I REJECT Comments: To be determined. SAPIan ningkSHAREMMPROJECTSUP Footprint Academy\COUS 13-0011COA.doc