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Minutes 12-01-15MINUTES • THE REGULAR CITY COMMISSION MEETING ■ IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BLVD., BOYNTON BEACH, FLORIDA ON TUESDAY, ■ 1, 2015 • 6:30 P.M. Gerald "Jerry" Taylor, Mayor Joseph Casello, Vice Mayor David T. Merker, Commissioner Mack McCray, Commissioner Michael Fitzpatrick, Commissioner 1. OPENINGS A. Call to Order - Mayor Jerry Taylor Mayor Taylor called the meeting to order at 6:30 p.m. Invocation Police Chaplain Woodrow Hay offered the invocation. Lori LaVerriere, City Manager James Cherof, City Attorney Janet Prainito, City Clerk Pledge of Allegiance to the Flag led by Mayor Taylor Mayor Taylor led the Pledge of Allegiance to the Flag. 1. Additions, Deletions, Corrections Commissioner Fitzpatrick pulled Item 6.C. fflnnn�-, 0 ! I J, Commissioner McCray moved to approve the agenda as amended. Commissioner Merker seconded the motion. The motion passed unanimously. 1 WIN me W - nalignign"Mmg ank 2. OTHER DECEMBER 1, 2015 A. Informational items by Members of the City Commission Vice Mayor Casello had attended the COBWRA (Coalition of Boynton West Residential Associations) monthly meeting that comprises 122,000 members in 33 communities. He attended another meeting at the Wastewater Treatment Plant. Commissioner McCray offered kudos to Thomas Kaiser, the VFW Post and staff for the raising of the French flag. It was a job well done. On Sunday night, the Mayor, Commissioners Merker and McCray attended a candle light vigil for Corey Jones. He recognized the Coalition of Clergy and indicated he was proud to have participated in the services that were a job well done. Commissioner Merker was honored to attend the services at St. John Missionary Baptist Church for Corey Jones. Those who supported him should be proud of their efforts to honor his life and memory. Commissioner Fitzpatrick attended the Palm Beach County League of Cities luncheon and the Diamonds are Forever Gala for the Community Caring Center with Vice Mayor Casello as the honorary chair. He did go to the French flag raising at Veterans Park and thanked the Veterans Commission members for organizing the event and Jeff Livergood for providing staff support. Commissioner Fitzpatrick also attended the South Central Wastewater and Treatment Board meeting. Mayor Taylor added Boynton Beach hosted the League of Cities luncheon. John Durgan is the Special Projects Coordinator for the City and assisted with the Palm Beach Literacy Coalition "Read for the Record" competition. Boynton has come in first for the most students being read to in the category of big cities. Mr. Durgan coordinated over 60 people reading to over 2,000 children in the City, to become the first place winner for the third year. Mayor Taylor also had taken a tour of South Tech Academy's new prep school on Gateway Boulevard. The current facilities were too small. The building on Gateway Boulevard was bought or leased to accommodate the 6t', 7t' and Stn graders. There are close to 400 students presently enrolled. The improvements to the building were significant. The students were well behaved and working hard in preparation for high school. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS K IN= W-11 MAI _JfXA LJU *&I WJA0] M M 2 A. Announcement by Recreation & Parks Director Wally Majors presenting Tom Kaiser as the 2015 Holiday Parade Grand Marshal. Mayor Taylor will present a plaque to Mr. Kaiser in recognition of this honor. Wally Majors, Director of Recreation and Parks, introduced Tom Kaiser as the 2015 Holiday Parade Grand Marshal. He had been chosen by the Recreation and Parks Advisory Board. He has been a member of the Veterans Advisory Board since its inception and currently serving as chair, Veterans Memorial Park was created through Mr. Kaiser's efforts at no cost to the City of Boynton Beach. All the events at the Park are organized by Mr. Kaiser and the City provides the support needed. He works with the French Consulate to honor those veterans who helped to liberate France during the War. Mr. Kaiser is a member of American Legion Post 164. Mayor Taylor read a Proclamation declaring Tom Kaiser as the Grand Marshal for the 2015 Holiday Parade. Mr. Kaiser appreciated the applause and standing ovation. He recognized other veterans who were present and he thanked them for their help and dedication. He thanked Jeff Livergood, for his assistance with the many events. Mr. Kaiser paid tribute to the efforts of Lori LaVerriere, City Manager, Bob Ensler, a former Commissioner and Mayor Taylor for their help and attention to detail in the Park. Benches are now being etched with faces of some of the veterans. Mr. Kaiser wanted to re -institute having students visit the park and speak with actual veterans of the various conflicts. The Boy Scouts have been included for many years in all events. Mayor Taylor presented Mr. Kaiser with the Grand Marshal 2015 plaque. Mr. Kaiser thanked his family and supporters. B. Announcement of "Catch the Holiday Spirit" events. Mr. Majors announced the planned events are December 4th, the annual Holiday Tree Lighting and Concert at the Ocean Avenue Amphitheater, On the 5th will be the 45th Annual Holiday Parade starting at 3 p.m. going north on Federal Highway. Friday, December 11th will be the Holiday Boat Parade commencing at 5:30 at the Marina with the parade starting at 7 p.m. There will be viewing areas along the parade route. It will include a Toys for Tots toy drive. On December 18th will be another Concert on the Rocks event featuring a food truck invasion and the hottest bands in South Florida starting at 6 p.m. C. Announcement by Recreation & Parks Director Wally Majors regarding the "Looney Dunes Fun Day" event, which will be held at Oceanfront Park on Saturday, December 12th from 9 a.m. to 11:00 a.m. DECEMBER 1, 2015 Due to inclement weather and high winds, the event was rescheduled to December 12th from 9 a.m. to 11 a.m. at Oceanfront Park. 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) Susan Oyer, 140 SE 27th Way, gave the definition of the word "preserve". She referred to an article that listed the advantages of preservation. The list included it teaches history, it teaches respect for those who lived in different times, brings character and charm to a neighborhood, attracts tourists, generates work places and artisans, it is environmentally friendly and it is the ultimate form of recycling. Ron Haines, 2551 Gertrude Drive, Lantana, was present representing the Loxahatchee group of the Sierra Club, a nationwide, grass roots environmental organization. In recognition of Commissioner Fitzpatrick's over 30 years of environmental activism and now as an elected official, he was awarded the Sierra Club's 2015 Environmental Champion Award. Commissioner Fitzpatrick's attitude about environmental work has been to set a pace that can be sustained indefinitely. Mayor Taylor congratulated Commissioner Fitzpatrick for his continued efforts and indicated he had brought a lot of pride to the City. Suzanne Ross, Director of the Children's Schoolhouse Museum, congratulated Commissioner Fitzpatrick and gave an update on the Museum. There had been solid visitation in November and an increase in donations by individuals. December activities in addition to the regular program would include Celebrate Disney's birthday, Hanukkah with Miss Helen, Polar Express Celebration, Deck the Hall, Gingerbread Day and Marshmallow Madness, Santa's Workshop and Boxing Day. The Museum would be open until 1 p.m. on Christmas Eve and be open on Monday, December 28th and end the year with the Happy New Year Event for children. Steven B. Grant, NE Td Avenue, complained about all the trash in the Heart of Boynton Beach along Martin Luther King Boulevard and NE 5th Avenue. The trash cans were all full. He suggested blue recycling bins for glass be placed along the trash cans. His lawn furniture had been stolen and he asked if City Hall had any surveillance cameras in the area. Mr. Grant also announced he was a candidate for Mayor. Reverend Richard Dames, President of Boynton Beach Coalition of Clergy, 7284 West Boynton Beach Boulevard, commented on an event called, A Community in Celebration of Unity. The community, City officials and church leaders assembled to worship and seek answers, transparency and justice for the late Corey Jones. He expressed thanks M I MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL DECEMBER 1, 2015 to Mayor Taylor and Commissioner McCray for their participation and Commissioner Merker's presence. He also thanked Lt. Deale for representing the Boynton Beach Police Department and the police escort as the clergy, community and Banks family marched on Seacrest Boulevard to the Bible Church of God. The collaboration must continue to repair the bridge of trust and transparency needed. Pastor Tommy Brown, 8123 Mystic Harbor Circle, remarked about the controversial police shootings making national headlines. Mr. Corey Jones was killed on PGA Boulevard by an officer in plain clothes and in an unmarked vehicle. Initiatives have been shared. There has been a recommendation that the federal Justice Department fund body worn cameras. Pastor Brown asked the City of Boynton Beach to budget to purchase body worn cameras and in -car videos. Audio and video coverage can establish a unique perspective on police encounters and help officers keep the citizens more safe. He reiterated the request for a citizen review board to be established. Mayor Taylor added the ceremony was very moving and the citizens came together to remember Corey Jones. He hoped there would be peace for the Banks and Jones families. Mark Karageorge, 240A Main Boulevard, commented in Boynton Beach the citizens respond to crisis in prayer and peace and work together for the good of all. Mr. Karageorge offered the recognition of Tom Kaiser was well deserved and long overdue. Another individual worthy of recognition was Coach Willie Gibson, being inducted into the Hall of Fame for basketball coaches for the State. He has been recognized in Palm Beach County. Children's lives were impacted in the schools where he taught and coached. He helped them to understand what was important in life. No one else coming forward, Mayor Taylor closed Public Audience. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (NN Stu) openings exist: Building Board of Adjustments and Appeals: 1 Alt Golf Course Advisory Committee: 1 Alt Recreation and Parks Board: 1 Alt Senior Advisory Board: 1 Reg and 2 Alts There were no applicants. Mayor Taylor pointed out there are openings on several boards. The annual reappointment of board members would be done at the next meeting. He urged citizens to apply for the open positions. 5 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL 6. CONSENT AGENDA DECEMBER 1, 2015 Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. PROPOSED RESOLUTION NO R15-145 - Authorize the City Manager to sign a Consent Order with the Florida Department of Health Palm Beach County for the purpose of prescribing certain municipal repairs to the landfill owned by the City of Boynton Beach. B. PROPOSED RESOLUTION NO. R15- 146 - Assess the cost of nuisance abatement on the property located at 0 SW 2nd Avenue within the City of Boynton Beach C. PROPOSED RESOLUTION NO. R15-147 - Approve Budget Amendment for the Oark & Rec Facilities Fund for the FY 2015-16 budget, amending the appropriated budget from $189,020 to $271,320, which will adjust budgeted appropriations and revenue sources and provide spending authority for anticipated expenditures. Commissioner Fitzpatrick inquired about the source of the funds in the trust fund. Mr. Majors explained it was impact fees imposed on developers of residential communities. Commissioner Fitzpatrick understood the money was to be used to ensure there is more green space for more people by buying more land for the appropriate amount of open space. Mr. Majors agreed it was one of the intents. It was meant for improvement or development. Commissioner Fitzpatrick asked what the Recreation Center modification was for $20,000. Mr. Majors responded the plan was to add a family restroom to the Civic Center, a major improvement. Commissioner Fitzpatrick questioned the expense for the Hester Center football scoreboard and Mr. Majors replied it was a similar improvement. The new scoreboard would better reflect the contribution the program has had on the community. Commissioner Fitzpatrick felt it was a maintenance issue since a scoreboard already existed at the site. Mr. Majors responded the new board would be bigger and better, an improvement. It was not fixing the existing equipment, rather bringing in new and better equipment. Commissioner Fitzpatrick contended trust fund money should be used to increase something since it exists. He could not approve the money from trust funds and he described it as budgetary magic. Vice Mayor Casello noted the existing equipment was beyond repair. The football games ars much more than sports. It is a mentoring program for the participants. Not . MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL DECEMBER 1, 2015 only the children participating in the program, but also the coaches are dedicated and committed to the success of the program. It is money well spent to help the youth. Commissioner McCray had attended the homecoming games with teams from Miami. He was embarrassed with the press box that was beyond repair. The scoreboard was inoperable and in poor condition. The Hester field is one of the prime locations in Palm Beach County and the State of Florida. Commissioner McCray moved to approve Resolution R15-147. Vice Mayor Casello seconded the motion. Commissioner Merker felt the field was an asset to the City when allocating the funding. He supported the purchase. Commissioner Fitzpatrick agreed the program was excellent and should be supported by the City. However, he felt the funds should be from an appropriate source. The funds being used are from an inappropriate source. Commissioner Merker felt it was a battle of definitions. Ms. LaVerriere interjected the funding source was reviewed by the City Attorney and it was determined the expenditure would be an appropriate use of the funds. Mayor Taylor added he understood the money was in a trust fund for purchase of recreation facilities. The facilities have to be useable and maintained. The Civic Center restrooms cannot be accessed by many. Funds are being used to install more equipment in the Barrier Free Park. Hunters Run had donated some of those funds. The new scoreboard would be a great upgrade to the facility. Commissioner Fitzpatrick inquired how long the score board had been in disrepair. Mr. Majors indicated it had been a few years. Commissioner Fitzpatrick asserted it should have been in the budgetary process over the last three years. He contended it was not a good way to run the City. Commissioner McCray indicated the score board had been minimally maintained for the last three years. Many things get put in the budget at the last minute. ZM The motion passed 4-1 (Commissioner Fitzpatrick dissenting). D. PROPOSED RESOLUTION NO. R15-148 - Amending Resolution R13- 083 to designate Andrew Mack, Development Director as the Economic Development Coordinator City -Wide and retaining designation of Vivian Brooks, Executive Director of Mo j I -10YA ol I Us] kIL 1 -.1 MAs] M M a DECEMBER 1, 2015 the CRA as the Economic Development Coordinator for any property located within the CRA area for purposes of implementing the City's Economic Development Program for business development, expansion, housing, and community initiatives with the City of Boynton Beach and CRA areas. E. Approve the purchase and installation of a Tuff Forms Alligator for the Congress Avenue Barrier -Free Park from GameTime of Longwood, FL in the amount of $12,279.40 as a sole source purchase from the Park Impact Fee Fund. F. Approve the purchase of two (2) complete sets of Hydraulic Extrication Tools and accessories from South Florida Emergency Vehicles (SFEV) of Fort Myers, FL, in the amount of $62,794.80. SFEV is the Sole Source vendor for Holmatro brand of equipment for the South Florida region, including Palm Beach County. G. Approve the minutes from the Regular City Commission meeting held on November 17, 2015. H. Approve the extensions for RFPs/Bids and/or piggy -backs for the procurement of services and/or commodities as described in the written report for December 1, 2015 - "Request for Extensions and/or Piggybacks". I. Approve an Amendment to Task Order #U -1A-07 with Globaltech, Inc. for Electrical Engineering Support Services in the sum of $50,000 giving a revised total of $59,500. These services are provided under the General Consulting Services Agreement RFQ # 017-2821-14/DJL as approved by Commission on August 1, 2104. A. PROPOSED RESOLUTION NO. R15-149 - Authorize the City Manager to sign two (2) Task Orders with CH2M, Task Order R13-063-08 in the amount of $166,834.58 for the purpose of evaluating groundwater conditions and Task Order R13-063-09 in the amount of $47,126.26 for the design and oversight of landfill cover repair. These task orders are in accordance with the City's "Hydrogeological Consulting Services Agreement" extension that was approved by the Commission on August 8, 2015. Commissioner McCray moved to approve Resolution No. R15-149. Commissioner Fitzpatrick seconded the motion. 0 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL DECEMBER 1, 2015 Commissioner McCray wanted to know how long the landfill existed. Jeff Livergood, Director of Public Works and Engineering, responded his research took it back to the 1950s when it started to be used as a municipal landfill. Vice Mayor Casello asked about the long range plans for the parcel and Mr. Livergood indicated there were no plans other than to close out the regulatory perspective. Future plans at that point would be a discussion for the Commission. The parcel is landlocked and can only be accessed from Lake Worth Drainage District Canal or crossing over the canal from the golf course. Vice Mayor Casello inquired if the parcel could be incorporated into the golf course. Mr. Livergood agreed it was a common use for landfill property. Mayor Taylor interjected the law requires evaluation of the landfill for a specified number of years. Vote The motion passed unanimously. 8. CODE COMPLIANCE and LEGAL SETTLEMENTS - None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 10. CITY MANAGER'S REPORT - None 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS A. Review and action on Annual Performance Evaluation for the City Manager. Mayor Taylor acknowledged each Commissioner had done an evaluation and is now before the Commission for comment. Vice Mayor Casello described Ms. LaVerriere's performance as outstanding. She does not lead the Commission, rather offers suggestions with the pros and cons of any issue. She never says no to an idea and is great under stress and pressure with a great span of control. Finding solutions for problems is her forte. The staff highly respects her and MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL she works with the Commission as a partnership. It is her leadership, knowledge, and stamina that contribute to the City's success. He was in favor of her retention. Commissioner McCray indicated the evaluation was easy; however, initially he had made her cry and they resolved those issues. They are currently best friends and she does a job well done. Commissioner McCray had learned he had to separate his title and responsibility from hers. The Commission sets the policy while the City Manager puts the policy in motion and makes it work. He appreciated all he had learned from her and together they can move the City forward, Commissioner Fitzpatrick noted she had become Interim City Manager at a very difficult time for the City. She demonstrated integrity, even when the Commission refused to make her City Manager. She was forced to administer the City week -to -week and did it with grace and diligence. Mayor Taylor ranked Ms. LaVerriere as outstanding and pointed out every other City in Palm Beach County wishes they had a City Manager with the knowledge and leadership ability of Ms. LaVerriere. He looked forward to working with her every day. Mayor Taylor moved to increased Ms. LaVerriere's salary by 3%. Vice Mayor Casello seconded the motion. Commissioner Merker had remained silent because there was nothing to complain about. The positives were stressed by the Mayor and other Commissioners. Commissioner Merker thanked her for her assistance. Commissioner McCray acknowledged the 3% was as high as other employees had received and he felt comfortable at 3% for Ms. LaVerriere. Commissioner Fitzpatrick pointed out the gavel was not passed when the motion was made, but agreed the motion as made should move forward. Vote The motion passed unanimously. B. PROPOSED RESOLUTION NO. R15-150 - Approve and ratify the reopened and amended Articles: Group Insurance, Pension, and Wages of the Collective Bargaining Agreement between the SEIU Florida Public Services Union, CTW, CLC - Blue Collar Unit and the City. IiE 19010-111:4411MIR i W."Tal a N mg Commissioner McCray moved to approve Resolution No. R15-150. Vice Mayor Casello seconded the motion. =1 The motion passed unanimously. PROPOSED RESOLUTION NO. R15-151 - Approve and ratify the reopened and amended Articles: Group Insurance, Pension, and Wages of the Collective Bargaining Agreement between the SEIU Florida Public Services Union, CTW, CLC - White Collar Unit and the City. Commissioner McCray moved to approve Resolution No. R15-151. Vice Mayor Casello seconded the motion. U-07 The motion passed unanimously. C. PROPOSED RESOLUTION NO. R15-152 - Authorize the Mayor to sign an Interlocal Agreement between the City of Boynton Beach and Boynton Beach Community Redevelopment Agency (CRA) for the implementation and provide for CRA funding of the Neighborhood Officer Policing Program. FiTi=-- Com miss ioner')TicC ray moved to approve Resolution 11o. R15-152. Commissioner Fitzpatrick seconded the motion. Commissioner Merker felt the program was wonderful. It was overdue. It demonstrates caring and respect for others. It will create a relationship between the police and the youth. For the wrongdoing that is ongoing, he applauded the Police Chief for the effort to resolve the issues in the City of Boynton Beach. Commissioner McCray had not been in favor of the program when it came before the Community Redevelopment Agency Board because he felt it should be centered on Martin Luther King Boulevard. The Clergy encouraged Commissioner McCray to support the program. If the program fails, the people fail also. If it succeeds, everyone succeeds along with Lt. Deale. It was important to move forward and do what is best for the City cf Boynton. ill @Nmum-l"IM0 W ley Anton Vice Mayor Casello felt it was one of the best things done along Martin Luther King Boulevard in a long time. It is a start that is recognized by the Clergy. He applauded Chief Katz for his outreach approach. It will build strong ties. Commissioner Fitzpatrick noted part of the delay has been personnel issues and Chief Katz has implemented the proper program. It is Community Redevelopment Agency money and Ms. Brooks has a stake in the program's success. Vote The motion passed unanimously. Ms. LaVerriere added Ms. Brooks along with Chief Katz worked closely to develop the program and it was anticipated the program would begin by the end of the month. It is a good partnership to develop the parameters for the program as well as measurements and deliverables to assess its success. D. PROPOSED RESOLUTION R15-153 - Authorize the Mayor to sign an Interlocal Agreement between the City of Boynton Beach and Boynton Beach Community Redevelopment Agency (CRA) for the Maintenance of the North Entry Signage Project. Motion Commissioner McCray moved to approve Proposed Resolution No, R15-153. Commissioner Fitzpatrick seconded the motion. Commissioner McCray advised the President of INCA felt the project was long overdue. He was in favor of the agreement. Vice Mayor Casello questioned who would be responsible for maintenance and any costs after the initial two-year period. Ms. LaVerriere advised it would be the City's responsibility and it will have to be budgeted into the Public Works budget. An estimate of the cost of maintenance was not available. Mayor Taylor opened the issue for public comment. No one came forward. Vote The motion passed unanimously. 13. LEGAL im RMSMIM1611 'lit •'I Ill: LOW 49,21, - UA 0 41"Mma DECEMBER 1, 2015 A. PROPOSED ORDINANCE NO. 15-031 - SECOND READING - PUBLIC HEARING - Approve the fourth extension of the suspension of the application and enforcement of the Workforce Housing Program for a period of one year. Attorney Cherof read Ordinance No. 15-031 by title only, on second reading. Mark Karageorge, 240A Main Boulevard, asked the Commission to review the suspension on an ongoing basis, looking at market studies. Workforce housing is vital. There has to be something for working class people that need affordable housing. He urged the Commission to work with the realtors and consider the various studies. Mayor Taylor advised the City is undergoing growth and many of the developers are pricing their products for workforce families. Relocating industries want to know if there are places for their workers to live. Commissioner McCray moved to approve Ordinance 15-031. Commissioner Fitzpatrick seconded the motion. Vice Mayor Casello was concerned and disagreed that developers were pricing their product for the work force. At some point the City would have a shortage of affordable housing. It has to be closely monitored, Mayor Taylor had sat with developers and heard their concerns for working force housing. City Clerk Prainito called the roll. The vote was 5-0. B. Review of Ordinance 15-002 for modifications or rescission. Mayor Taylor explained this Ordinance relates to where drug rehab centers can be placed within the City. It was first proposed to locate them in three different zones in the City and Mayor Taylor and Vice Mayor Casello voted against all three zones. There was a compromise to allow the centers in one zone, C-3. It became apparent that was not specific enough. Vice Mayor Casello recalled a map denoting the different areas, but there needed to be more definition. It might work in some areas, but not all C-3 areas. Staff should review the parameters and possible locations. im MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL DECEMBER 1, 2015 Mayor Taylor suggested a special workshop may be appropriate with large maps to help make a determination. Commissioner Merker agreed totally. He wanted a discussion that included State Representatives so their perspective can be considered. He questioned both the interpretation of the law and the change of the law. Many cities are having the same types of problems. Mayor Taylor offered there would be a couple of opportunities to meet with legislators at Florida Atlantic University and in Tallahassee there would be one-on-one meetings with the legislators in January. A workshop would be open to everyone, Vice Mayor Casello thought the areas designated would give the Commission some latitude on the actual location of these types of centers. He asked if the C-3 zones could be eliminated and the City remain within the parameters of the law. Mike Rumpf, Planning and Zoning Director, explained medical uses were grouped in the new regulations with more intense medical type uses or overnight. The other type of facilities operate around the clock. The intensity corresponded to the most intense commercial zoning district C-3. If taken away it would remove the consistency of the regulations. The C-3 corresponds to the higher class of roadways and more intense commercial corridors and other uses. There may be some residential areas that may be accessed near any facility, but the property would be near a very intense location, an arterial class which is the highest in the City, excluding along 1-95. If you take C-3 away, it leaves C-2 or C-1 or PCD if that is adequate. It could be in the same location as C-3 sites. C-1 and C-2 are the least intense commercial office and retail districts. Vice Mayor Casello asked if the decision could be made on a one-on-one basis. Mr. Rumpf added another consideration is the 50 foot separation which triggered permitted versus conditional. It was suggested they become conditional uses for more scrutiny in the review process than a permitted use. It could be discussed at the workshop. Mr. Rumpf explained a conditional use that is logically defined in the regulations, not necessarily preferable or should be anywhere throughout the City in that zoning district. There are special considerations of the uses at a given location. If a project meets the land development regulations generally, it should be approved; a permitted use needs to meet technical standards. A conditional use can include a set of more objective standards to review the project. Attorney Cherof advised conditional does involve some level of discretion on the part of the Commission in evaluating the use. These kinds of questions and short answers are a good indication why this is a proper subject matter for a workshop to understand the definitions and how they work together and balance in the overall plans. 14 aM 9 M 6 RNMUMN-M MUM DECEMBER 1, 2015 Mayor Taylor declared there was consensus to schedule a workshop. Ms. LaVerriere indicated it would probably be in early February. C. Pursuant to Section 286.011(8), Florida Statutes, Attorney Cherof is requesting a private attorney/client session of the City Commission to discuss pending litigation in the following case: Christopher Yesnick , Plaintiff vs City of Boynton Beach, Defendant - Case No. 50 2012 CA 018742 XXXX MB AJ Attorney Cherof requested a closed -door session to discuss the case Christopher Yesnick vs. City of Boynton Beach. Approximately 45 minutes would be sufficient preceding -the next Commission meeting. Mayor Taylor declared the session would commence at 5 p.m. 14. FUTURE AGENDA ITEMS A. •- and .••• accordingly applications received • the CRA Advisory Board with the annual board appointments - December 15, 2015 There being nothing further to come before the Commission, Mayor Taylor properly adjourned the meeting at 7:54 p.m. (Continued on next page.) 15 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL ATTEST: *. loxja� ?vyC . Prainito, MMC rk Judith A. Pyle, CMC Duty City Clerk 16 DECEMBER 1, 2015 CITY OF BOYNTON BEACH �r