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Minutes 05-21-19MINUTES OF THE CITY COMMISSION MEETING HELD AT THE INTRACOASTAL PARK CLUBHOUSE 2240 N. FEDERAL HIGHWAY, BOYNTON BEACH, FLORIDA ON TUESDAY, MAY 21, 2019, AT 6:30 P.M. PRESENT: Steven B. Grant, Mayor Justin Katz, Vice Mayor Mack McCray, Commissioner Christina Romelus, Commissioner Ty Penserga, Commissioner OPENINGS A. Call to Order - Mayor Steven B. Grant Lori LaVerriere, City Manager James Cherof, City Attorney Queenester Nieves, Deputy City Clerk Mayor Grant called the meeting to order at 6:30 p.m. Invocation by Rev. Jack Copas, Boynton Beach Congregational United Church Reverend Jack Copas gave the invocation. Pledge of Allegiance to the Flag led by Commissioner Christina L. Romelus Commissioner McCray led the Pledge of Allegiance to the Flag. Roll Call A quorum was present. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Penserga added two items to Future Agenda: A post legislative update from former District IV Commissioner, now State Representative Joseph Casello and State Senator Lori Berman on June 181h. He also added a discussion on the creation of an expedited permitting ordinance, which he hopes would spread the growth of small business. Mayor Grant asked if Commissioner Penserga minded if they could speak about that when they discuss the Seacrest Corridor. Commissioner Penserga had no objection, which would be piggy -backed to 13H. Mayor Grant also wanted to add to a Future Agenda a discussion about road safety. He received a letter from Discovery Village regarding speed bumps and he thought the Commission should inform different communities that have municipal roads running to or next to them what the best course Meeting Minutes City Commission Meeting Boynton Beach, Florida May 21, 2019 of action is for road safety. The latter item would also be on June 18th or if needed, it could be moved to July. Attorney Cherof requested move Item 11A before Consent Agenda. 2. Adoption Motion Commissioner Penserga moved to approve the agenda as amended. Commissioner McCray seconded the motion that unanimously passed. 2. OTHER A. Informational items by Members of the City Commission Vice Mayor Katz met with residents regarding Taco Bell and Attorney Bonnie Miskel. Commissioner McCray received many emails about Taco Bell. The City Commission would be remiss if they did not mention the two police officers that saved a family with a house fire. He was touched and elated there are men and women wearing blue in the City of Boynton Beach. Commissioner Romelus met with residents of Coastal Bay and Tuscany regarding Taco Bell as well as the developer and Attorney Miskel. She visited Crosspointe Elementary School for Career Day. She also attended the grand re -opening of the expanded dog park. She noted this was one of the few parks in the South County area, which allows all sized dogs off leash. Commissioner Penserga met with Attorney Bonnie Miskel, the Tuscany, and Coastal Bay Homeowner's Association regarding Taco Bell. Mayor Grant reported attending the following activities for May to -date: Business Development Bureau Breakfast, the Historic High School and District Energy Plant. He attended the Jewish Federation of Palm Beach County, the Historical Society of Palm Beach County, and the American Legion to honor Tom Kaiser. He attended a Police Memorial at Calvary Chapel, a networking event for Jewish Services of Palm Beach County and attended the Coalition of Boynton West Residential Associations. He attended a Transportation Planning Agency event and a Boca Chamber event held in Boynton Beach. He attended a quarterly orientation for new hires and a ribbon cutting for Alchemy Salon in Ocean Plaza. He attended Del Sol Second Anniversary event and at Densen Pool for Swim with a Cop. He met with representatives of Boynton Strong and attended a Boynton Beach Mall Hurricane Preparedness event. He went to the Copper Point 4th Anniversary event and the Art Walk. He thanked the Arts Commission for providing visitors and residents more information about Art in Public Places. He went to 2 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 21, 2019 a Young Singers of the Palm Beach event, a Healthier Boynton Beach Grant Award Ceremony, where over $30K donated to local non -profits to further their mission. He also attended Crosspointe Elementary School for Career Day. He wanted to add a press release regarding Veteran Memorial Day Weekend event as the last item. He met with Attorney Miskel, Bark Management, QSR and he did his best to call and email residents of Coastal Bay and Tuscany regarding Taco Bell. 3. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS A. Our city lobbyist, Mat Forrest will present a post legislative update from the 2019 Legislative Session. Mat Forrest, Ballard Partners, the City's lobbyist presented an update of the Legislative Session. He advised the session ended 18 days ago. The next session begins January 2020. Only 5.4% of bills pass this session. Ballard Partner's tries to bring back fund appropriations, but this year they were not successful because projects were expensive and because they brought funds back the prior session. There were 1,630 appropriation requests totaling $3.6 billion. The City was looking for $900K for the Boynton Beach Tradewinds infrastructure. Representative Casello and Berman filed the project, but it was unsuccessful because there was no local match. Mr. Forrest was optimistic for the Mangrove Park Improvement. The request was for over $1 million. Ballard Partners worked with staff extensively to find out what projects they believed would be successful Legislation was the big topic. The most impactful local government legislation did not pass. Vacation Rental legislation passed the House, but not the Senate. Two other preemption bills did not pass that would not affect the City. An attempt to repeal Red Light Cameras passed the House, but died in the Senate. Legislation regarding Community Redevelop Agency (CRA) passed. It was a much milder version than was originally reintroduced. This legislation did not affect how the funds were be spent. Legislation prohibits CRA's from spending funds on tourism related events, and Farmer's Markets. A bill for cancer coverage for firefighters passed and signed into law on May 3rd. It is unknown how this bill would affect local budgets. There are requirements about how much the City can put into new retirement plans based on a certain status. The scooter bill passed. The bill adds new regulations how scooters are classified, but it does not require municipalities to permit or authorize scooters. A tree -trimming bill passed. The measure allows people to trim can trim or remove trees from their property if they deemed are a danger or a hazard for upcoming storms as long as a licensed arborist determines it is a danger or hazard for a pending storm. Other legislation that passed was 5G legislation, which was pushed by the telecom industry. It speeds up and expedites some of the local small cell permitting. It does not change anything that was in 3 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 21, 2019 place a few years ago, rather it speeds up the time to respond to it. Another bill, which received attention, pertained to plastic straws. The Senate put a five-year moratorium in place, but the Governor vetoed the bill. The veto letter regarding plastic straws was that the State should allow local communities to address the issues through the local process. HB 7103 pertained to growth management. It is a broad and comprehensive bill dealing with impact fees, attorney fees and challenges to the Comprehensive Plan. Local governments want it vetoed, but it was not been sent to the Governor. Mr. Forrest will continue to advocate in opposition to the bill and hope they will be successful. The next Session for 2019 will begin in September. Dates for the fall interim committee - meeting schedule listed as were the legislative session dates. In 2020, Session will start January 14, 2020 and end March 13, 2020. The leadership and committees may stay the same, but the issues do not. Mr. Forrest anticipated transparency measures and gaming issues being a big topic. The Seminoles pulled back $350 million in a gaming compact. Commissioner McCray asked how long the City has been using the firm. Mr. Forrest responded since 2014. The City had also used Ballard prior to 2009 and resumed using the firm in 2014. Mayor Grant requested Mr. Forrest email him when the Department of Agriculture creates new legislation regarding hemp. Mr. Forrest agreed and announced Palm Beach County Days will be somewhere around January 14th, 15th, and 16th approximately. B. Presentation of the City's Comprehensive Annual Financial Report for FY 2018 by Scott Porter, Partner of Caler, Donten, Levine, Cohen, Porter & Veil. Mara Frederickson, Director of Financial Services, introduced Scott Porter a partner with the City's external auditors. The report is available online and in the Library. Mr. Porter explained the report has four sections. The most important section is the second part regarding their opinion on the financial statements. The firm uses the Governmental Accounting Standards and the firm gave an unmodified opinion. This is the highest level one can receive. The firm receives a copy of audit reports and incorporates the financial information into the City's Financial Statement. He noted the audit contains the actual financial statements and there is a statement of net position, which is a balance sheet. The governmental is primarily of the General Fund and the business type activities consisting primarily of the water and sewer operations. Total assets, as of September 30, 2018, was $446M. In total, the liabilities were about $269M leaving a net position of $182M. The net position increased for both the governmental and business type activities, which increased in total by $10.8M for 2018. The majority of $9.3M was from governmental activities/general fund and the balance of $1.5M was in the business type activities, primarily the water and sewer fund. The last issue was the general fund budget to actual comparison reflected revenues and expenditures and the original and amended budgets and a variance. The General Fund revenues were $71.2M. Expenditures were $84.9M. Other transfers in were $13.2M leaving a negative expenditure in excess of 4 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 21, 2019 revenue of about $417 thousand for the year. There were no compliance issues. The internal controls were operating effectively and there were no material weaknesses or significant deficiencies reported in the audit. Commissioner McCray asked if he noticed any red flags. Mr. Porter thought there were some minor issues, which the reported in their management letter contained in the compliance section of the report. Both of those items dealt with IT and recommendations about how to improve security regarding passwords and strengthening the internal processes. There was a negative balance in the General Fund. It was the issuance of an installment debt. The revenues were slightly under a $1 M which was estimated in the budget and the over expenditure was in the public safety area. Tim Howard, Assistant City Manager, explained this was due to overtime, salaries. C. Proclaim June as Immigrant Heritage Month Mayor Grant read the proclamation declaring June as Immigrant Heritage Month. No one was present to accept the proclamation. D. Proclaim the week of May 18-24 as National Safe Boating Week. Mayor Grant read the proclamation declaring the week of May 18-24 as National Safe Boating Week. Present to accept the award was Sherrie Foreman, Flotilla 54, and Vice Commander. Ms. Foreman thanked the Commission for the proclamation and announced they have 54 members. Ms. Foreman explained she is also the staff officer for program visitors, member training, and vessel exams. They give free vessel exams for all boats, hold classes every month on boating safety. She cautioned if you own a boat and are on the water, there are no brakes. They main mission is to promote boating safety for everyone. The meetings held on the first Monday of every month, except for Labor Day. E. Presentation of the 20th annual "Bob Borovy Student Citizen of the Year" award by members of the Education & Youth Advisory Board. Angelica Nevin, Vice Chair, of the Education and Youth Advisory Board (EYAB) was present with fellow Board Members Lynne Gassant and Lori Wilkinson. She explained they are awarding the 20th Bob Borovy Student of the Year award. Provided history of the award, created by Bob Borovy. Each year, high school seniors write an essay on what they learned from providing volunteer community service and provide three letters of recommendation. The winner must be of good moral character, performed significant volunteer work and made positive contributions to the community. The award is funded through donations secured by the Board and a panel of judges, including last year's 5 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 21, 2019 winner, selects the winner. This year the judges were Kevin Homer, Boynton Cares; Jeannie Heavilin, Sister Cities; and Alana Thomas, last year's award winner. She announced the recipient of this year's $1,000 Bob Borovy Award is Kathleen Wilkinson. Ms. Nevin listed Ms. Wilkinson's noteworthy accomplishments. Ms. Wilkinson plans to major in stage management and her goal is to attend the University of Miami. Lori Wilkinson, a member of the EYAB, said she was very proud of her daughter. Members of the City Commission congratulated Kathleen Wilkinson. F. Announce Disaster Preparedness Tax Holiday from 5/31/19 - 6/6/19. Mayor Grant announced the tax holiday and listed the various tax-free items. G. Fire Department to give brief presentation of their operations. Glenn Joseph, Fire Chief, made a presentation on Fire Department Operations from 2018 to date. He announced there are five fire stations located throughout the City. Station No 1 was under construction and relocated from original location. The Department has 135 firefighters, 10 administrative staff, 7 fire inspectors and 12 Community Standards Specialists. The Department provides contracted Advance Life Support and Fire Protection services to four other municipalities. He listed the statistics regarding calls received for the last three years. Year to -date the Department received 4,849 calls, which was an upward trend of 1% to 2% per year. Emergency Medical Services were about 10,000 annually also with a slight increase over the last two years. He anticipated there would be 11,000 calls this year. Vehicle accidents were up slightly and structure fires were decreasing. The best decrease pertained to opiate related overdoses. He explained the protocols have changed to improve the way staff identify and diagnose those in the field, for strokes and cardiac related injuries. There were an increase in gunshots injury. Fire prevention is to protect the public in public areas and there were more inspections this year than last year. They were very busy in 2017 and 2018, but the Department is seeing a reduction in the number of violations. The Department's Rapid Intervention Team (RIT) won National Championship. The Department sent a team to help with Hurricane Matthew relief efforts. Hired eight firefighters in March, three of which were veterans. Two were born and raised in Boynton Beach and the Department was trying to recruit from the local talent pool. The Department purchased three rescue trucks with air conditioners. Research showed that high temperatures during storage reduces the effectiveness of medicine, so they added air conditioners to maintain the temperature inside the trucks. The seats have restraints in the event the truck rolls over, and there are airbags to keep firefighters safe during transports. The Department adopted a clean cab concept to eliminate keeping gear or equipment in the back of the trucks. The department was consolidating all data into one database, including legacy data. This will provide better business analytics and data in real time. N Meeting Minutes City Commission Meeting Boynton Beach, Florida May 21, 2019 An AFG Federal Grant funds paid for Gear Drying system and ventilation system. Chief Joseph explained contaminated gear because chronic occupational illness and the department try to remove as much as possible. They have a vehicle for special events through a grant from Firehouse Subs. The Fire Department held community events such as a golf tournament, which raised $6K for juvenile diabetes research, fund, had a fishing tournament this year raised $9K, and the Muscular Dystrophy Collection. Last year the firefighters raised almost $50K for MDA. The favorite event was delivering Christmas gift to children in Bethesda hospital over the holidays. Firefighters deliver the gifts in uniform on Christmas Day in the fire truck. Chief Joseph advised the Department delivers the best service in the most fiscally responsible way. Commissioner McCray asked if Narcan usage decreased commensurately with the opiate decrease and learned it did. Chief Joseph informed the Commission the Department received a $25K grant to purchase Narcan. Mayor Grant was looking forward to the upcoming pancake breakfast and the Explorer program starting in June or July 2019. There were several promotions in the fire department. Matt Petty was promoted to Chief. A Hurricane Preparedness Report will be given May 30tH Commissioner Romelus praised the Explorer program. Chief Joseph explained if they attract youth in high school and give them direction and focus, even if they do not join the fire department, the youth would learn how to dress and present themselves. It has a positive impact on their long-term success, academically and professionally. It is an opportunity to see a different way of life. The children meet once a week, go to the station, learn about equipment, station life and a ride along. The program was for youth entering high school to 20 years old. The goal is to show a way of community service. Twenty graduates of the program became firefighters, another 20% entered doctor, nursing and engineering programs. There are strict academic and behavioral requirements to participate in the program year. Chief Joseph was here for three years. Commissioner McCray thanked him. Stated Department morale was up and there was a phenomenal turn around in the Department. H. Chief Joseph to announce a partnership between the City and Palm Beach Atlantic University (PBAU) to offer a Bachelor of Science degree in Organizational Leadership. Chief Joseph explained Firefighter Jamar Marriot proposed a Bachelor's program in the City. He made some contacts, put out an interest on demand. The program would be on campus in the City, reduce tuition costs via a scholarship and defer tuition until after the tuition assistance in the City arrives to reduce out of pocket costs. Tim Worly Palm Beach Atlantic University. VP Admissions and Joe Sharpe, Director of Graduate, Evenings and Online Programs were present. Provided a history of the University, which offers master bachelors and doctoral degrees. They are glad to be a part of the program and he thanked the Chief. One of their schools, the 7 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 21, 2019 McArthur School of Leadership has a Bachelor of Science in Organizational Leadership degree. The program provides conflict resolution, leadership, cultivating the right workplace culture and other benefits. One feature is they give professional education credit to people that have work experience. They are excited about the partnership. Boynton Beach Employees can take classes at Fire Station No 5 related to the aforementioned degree and the non -related courses can be taken online. Anyone in the City can take the class and they want to grow the next leaders from employees now. Brochures were available and classes start in August. I. Budget input opportunity. Members of the public are invited to provide input to the City Commission in regards to the upcoming FY19/20 budget. Mayor Grant read the announcement inviting the public to provide input on the budget during public comments at the City Commission meetings leading up to the budget workshops. Shawn Gross, 1604 Coastal Bay Boulevard, commented aesthetics are everything. He was aware the City added LED lighting on the tower where it says Boynton Beach. He requested the tower be cleaned because it is so black from mold one cannot see the words Boynton Beach. He pointed out it was the first thing people see when they come to the City. Peter Janus, 1213 Coastal Bay Boulevard, requested funds be allocated to address Homing Inn. Susan Oyer, 140 SE 27th Way, expressed more lights were needed in the parks and especially the neighborhood parks such as the Betty Thomas Park. She suggested the lights remain on until midnight during summer, Christmas/winter and spring breaks. The youth appreciate that she asks for the lights to be on later and she requested it be done on a regular basis in all the parks so youth will have activities and stay out of trouble. She suggested allocations for lights and cameras. Indicated Betty Thomas Park has drug dealers. She thought it might push crime out of the City. Herb Suss, 1711 Wood Fern Drive, asked what the millage rate was and learned it was 7.9 mils. He suggested raising the millage rate to meet the increased expenses. He thought it was better to have little extra and he supported raising it to 8 mils J. Press release regarding Veteran Memorial Day Weekend. Mayor Grant announced the City of Boynton Beach and the Boynton Beach Veteran's Task Force would host the Annual Memorial Day Observance at Boynton Beach Memorial Park. The public was invited to assist fifth grade students from St. Joseph Episcopal School and Home Depot employees placing flags at the gravesite of each veteran. On Saturday, May 25th, students from Atlantic High School will place crosses on each 0 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 21, 2019 veteran's grave. On Sunday, May 26th, a solemn ceremony by Mayor Grant will take place. He was grateful that Boynton Beach Veterans organized the activities with various post commanders reciting the names of departed veterans. Anyone needing more information should contact Tom Kaiser or Stanley Gavlick at the numbers he provided. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS W ILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Susan Oyer, 140 SE 27th Way, asked if the compensation discussion would be moved and if there will there be public input on it or if it would be on the Consent Agenda. Mayor Grant explained he received her comment card and they were pulling every single item on the Consent Agenda and she would speak on all items. Vice Mayor Katz did not support hearing each item on the Consent Agenda and asked who authorized the change. Mayor Grant responded he did. Commissioner McCray did not believe he had the authority to make that change. Vice Mayor Katz noted the compensation item was not part of the Consent Agenda. Converting the Consent Agenda to individual items required a vote. Commissioner Romelus understood Item 11A would be moved before Consent Agenda. Mayor Grant agreed but they are not at the Consent Agenda. Ms. Oyer commented school ends May 31St. She reiterated having lights on at all the parks until 11 p.m. or 12 midnight. She noted the Governor was supporting home rule and she supported banning Styrofoam, plastic straws and sunscreens that contain oxybenzone and octinosate, which were two chemicals killing coral reefs. She supported taxing plastic bags. It would be easy to enact. They could pay four cents to the retailer and the rest would come into the City as added revenue. Ms. Oyer was aware Chicago taxed the bags but was unaware of another City in Florida did. Herb Suss, 1711 Wood Fern Drive, announced he was the last member of the Community Emergency Response Team (CERT) and someone stepped up and took the class. This was a very worthwhile program, which assists during hurricanes as well. He advised the garbage was not picked up at Quail Run and it is a health hazard. He had spoken with Commissioner Penserga about Alzheimer's. Mr. Suss also asked if anyone has been to the golf course, which is making money. Lastly, he commented if someone breaks the law, there should be consequences. He announced it was the same on the federal level and there was complicity in the various branches of government. He felt no one was above the law and the Country is now in a constitutional crisis. He urged all to vote. Mayor Grant requested a report on the Golf Course. 9 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 21, 2019 No one else coming forward, Public Audience closed. A. Mayor Grant has requested to discuss the Commission expense allocation stipend. Below is the current information concerning the Commission's compensation? Mayor Grant asked when the last time the Commission expenses reviewed and learned it was 2004. Tim Howard, Assistant City Manager, explained compensation was in two parts. The salary in the City's Charter implemented via referendum in 2004. In 2004, the Mayor's salary was $12K and Commissioner were $9K. When the referendum was passed and the Charter was changed, the salary increased to $18K for Mayor and $15K for Commissioners, with an annual increase based on the Consumer Price Index (CPI) every April 1 st. As of April 1, 2019, the Mayor's salary is at $23,821 and the Commissioners are at $19,853. The other component of compensation related to the expense allocation, set by Commission resolution. The last change to the resolution caused a reduction in 2010. In 2009, the Mayor's expenses were $7,571 annually, and Commissioners received $7, 200. In 2010 during the budget workshop, the Commission, based on the budget issues at the time, voted to reduce the amount to the current amount of $7,117 annually for the Mayor and $6,582 for Commissioners. Mayor Grant commented he asked Mr. Howard if he should itemize his expenses instead of taking a stipend. If there is nothing they would like to change, they can move on. Vice Mayor Katz did not support an increase, nor did Commissioner McCray. David Katz, 67 Midwood Lane, read a quote by Mwai Kibaki. He thought an increase in the stipend might be greedy as it is a part-time job. The Mayor makes over $30k with the expense check and Commissioners make slightly over $26K. When he was a Commissioner over 25 years ago, his salary was $350 and $375 a month with an expense check. He commented the expense check was income. He liked the idea Mayor Grant suggested that his $7K at the beginning of the year should be an account and he turn in a receipt each time he wants to use it. He thought it should be the same for the City Commission. Susan Oyer, 140 SE 27th Way, commended she did not favor an increase in compensation. It is her tax dollars and it is a part time job. She thought it would set a precedence for the future. She favored the money be used for parks and catching drug dealers. Brian Fitzpatrick, 409 NE 151 Street, thought the expenses should increase. If salaries was raised 5% annually since 2010, Commissioners would earn $10,203, and the Mayor would earn $11,040. The salaries are too low and the City has the most talented City Commission and CRA that have effected changes in the City. He supported the increase in salaries and stipends and getting rid of term limits. 10 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 21, 2019 Herb Suss, 1711 Wood Fern Drive, thought there should be a slight increase in salaries to keep the talent as long as the raise is appropriate. Mayor Grant explained in order to change the salary, there would need to be a referendum, because it is based on the City Charter. They could change the expense amount. There were higher expenses during boom years. The only thing they could do was increased expenses based on inflation if the Commission desired. Mayor Grant repeated the expense accounts for the Mayor and Commission. Mr. Suss supported increasing the Mayor's expenses by $1,400 or $1,500 and the Commissioner $1,000. Commissioner Romelus did not think it was the time to speak about finances with the various ongoing projects in the City. She favored speaking about it in the future when things calm down and they have secured the city's financial position. Commissioner Penserga moved to reject an increase. Mayor Grant asked if the Commission was willing to itemize their expenses and learned they were not. Vice Mayor Katz did not support raising compensation or changing the process. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. There was an applicant for the Historic Resource Preservation Board. Commissioner McCray moved to appoint John Bryant as an Alternate. Commissioner Romelus seconded the motion. Vote The motion unanimously passed There was an applicant for the Recreation and Parks Board Motion Mayor Grant moved to appoint Richard Bonnell as an alternate. Commissioner McCray seconded the motion. 11 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 21, 2019 Vote The motion unanimously passed 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. PROPOSED RESOLUTION NO. R19-054 -Authorize the Mayor to sign a land use agreement between the City of Boynton Beach and Journey Church for the 4th of July event to be held Thursday, July 4, 2019. B. PROPOSED RESOLUTION NO. R19-055 - Authorize the City Manager to sign Omnia Maintenance Agreement with Thyssen -Krupp Elevator Corporation of Kennesaw, GA for annual elevator inspections and service/repairs in various City facilities utilizing the National Intergovernmental Purchasing Alliance contract R150801 for an estimated monthly amount of $1,855. National Intergovernmental Purchasing Alliance procurement process satisfies the City's competitive bid requirements. C. Approve the "Eden Ridge" record plat, conditioned on the approval being the certification of the plat documents by the City Engineer. D. Approve an increase of $40,000 to the existing purchase order for sodium chloride with Morton Salt utilizing the previously approved Palm Beach County Bid No.18- 069/MB which expires August 19, 2019. This will bring the total approved expenditure to $200,000 for the year. E. Approve Task Order UT -2C-03 with CDM Smith, Inc. in the amount of $99,960.00 in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category C awarded by City Commission on August 7, 2018 for work on a Hydraulic Analysis for the Downtown Stormwater System. F. Accept update on red light camera program. G. Accept second quarter report on operations of the Schoolhouse Children's Museum and Learning Center for FY18/19. H. Accept the Fiscal Year 2018-2019 Budget Status Report of the General Fund and the Utilities Fund for the six (6) month period ended March 31, 2019. 12 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 21, 2019 Accept the written report to the Commission for purchases over $10,000 for the month of April 2019. J. Approve the one-year extension for RFPs/Bids and/ or piggy -backs for the procurement of services and/or commodities as described in the written report for May 21, 2019- "Request for Extensions and/or Piggybacks." K. Approve the minutes from City Commission meeting held on May 7, 2019. Commissioner Penserga pulled Item 6.F. Mayor Grant explained he got a request from the audience to speak on every item on the Consent Agenda. Vice Mayor Katz questioned the intent of the meeting, which is to conduct City Business and not to hold a public hearing on every item. He stated in the three years, there was never an instance where anyone wanted to speak on every consent agenda item. There were 11 items on the Consent Agenda, which was 39 minutes of public comments by one individual. Commissioner McCray commented the Commission should abide by the rules of the Commission, which states, "Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. He thought they have not made a change in the procedures and the Commission should stick to the rules. Mayor Grant asked Ms. Oyer if she wanted to speak on every Consent Agenda item. Ms. Oyer responded she just wanted to speak on any item on the agenda. F. Accept update on Red Light Camera program. Sergeant Phillip Hawkins, Boynton Beach Police Department, overseeing the Traffic Unit, explained the program is six years old. There were 19,117 violations from October 1, 2017, to April 30, 2018. Violations from October 1, 2018 to April 30, 2019 were down considerably. He reviewed the violations by month. There were higher violations in February, March and April, which he assumed were from the snowbirds, but there were significantly down in October, November and December. There was a 12% decrease in violations, which was significant. There was a 3% increase in volume for the year and a 53% decrease in crashes at Red Light Camera intersections. The recidivism rate was 98% have only violation. Two Paid Notices were 2%, which means they have not had a repeat after 2% and the 3 or more was .001% and the percentages were since the program started. Traffic volume increased 54% from 2013 to 2018. The violations increased 76% from 2013 to 2018. In 2018/2019, violations decreased and the traffic volume increased for the year increased another 3% meaning in six years, traffic volume increased by 57%. Sergeant Hawkins emphasized these statistics were for only monitored intersections. If they included other intersections and conducted a traffic 13 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 21, 2019 engineering study with trip counts, the volumes would increase tremendously. The program promotes traffic safety and reduces intersection crashes. The difference between the violation and a ticket was a ticket cost $264 and results in four points on one's license. Instead, the driver receives a $158 violation fine with no points. The cameras helped solve other crimes for the City and other law enforcement agencies. The cameras have been instrumental to help resolve 33 homicides since its inception, 78 accidents, 40 police investigations, 39 robberies, 24 hit and runs. Commissioner Penserga asked if the violation reduction was for all intersections or was an average and learned in 2017, there was a dramatic reduction for all of the intersections except for Boynton Beach Boulevard and Seacrest Boulevard went up 2.6%. W Woodbright Road and SW 8th Street went up 4.2% and SE 23rd Avenue and Federal Highway went up 3.7%. Sergeant Hawkins point out the increase at Boynton Beach Boulevard and Seacrest Boulevard was due to the construction from FDOT construction on 1-95 Snowbirds and other visitors accounted for 20% or less of the red light violations. In 2017/2018 Woodbright Road and Congress Avenue had 11 crashes at the intersection and this year had six crashes. There were 21 crashes at Gateway and Congress Avenue in 2017/2018. In 2018/19, there were nine accidents at this intersection. There was one crash at SE 23rd and Federal Highway last year and 1 last Sunday night. Commissioner Penserga questioned why SE 23rd Highway and Federal Highway had an unusually high number of violations. Sergeant Hawkins explained the highest percentage is going northbound and there are no lights between Gulfstream and SE 23rd Avenue. The speed limit is 40 and then 35 approaching SE 23rd. The light timing is correct and the system self -checks the calibration; Sergeant Hawkins does physically as well. Vice Mayor Katz commented for the benefit of the public, the City has no authority to alter any traffic patterns or traffic signals. The speed limit is 35 mph. The Florida Department of Transportation (FDOT) recommendation for yellow lights is 3.5 seconds and the County added half a second more for a total of 4 seconds. Congress Avenue has a five second yellow light because of the speed. It was suggested more violations occur at SE 23,d Avenue because motorist anticipate a 5 -second yellow light but only get 4 seconds. Sergeant Hawkins advised it had to do with speed, but the vehicle, especially new vehicles could easily stop on a dime even at 50 mph with a 4 -second yellow light. Vice Mayor Katz, commented people are less inclined to run a traffic light at large intersections. Motion Commissioner McCray moved to accept the report. Vice Mayor Katz seconded the motion. 14 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 21, 2019 Vote The motion unanimously passed Mayor Grant pulled item 6.G. G. Accept second quarter report on operations of the Schoolhouse Children's Museum and Learning Center for FY18/19. Mayor Grant asked how the construction has affected the budget. Suzanne Ross, Executive Director, Schoolhouse Children's Museum, responded it affects operation in terms of admissions, members; however, they obtained a significant the first quarter. The second quarter, operationally, was doing as well as they did last year. They were down slightly on memberships, but they had a fundraiser. Year-to-date they were on par and there was no telling what the future may bring. The significant test will be when Ocean Avenue closes in late June. Patrons will have to maneuver a different traffic route to the Museum. She commented people are creatures of habit. The good news is during the summer when it is hot, people look for indoor activities and she thought people would be more inclined to seek out the Museum. Motion Commissioner Romelus moved to approve. Commissioner McCray seconded the motion. Vote The motion unanimously passed. Motion Commissioner Penserga moved to approve the remainder of the Consent Agenda. Commissioner McCray seconded the motion. Vote The motion unanimously passed 7. BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION NO. R19-056 - Authorize the City Manager to sign a contract utilizing the Palm Beach County Contract # 2017055 with Wynn & Sons Environmental Construction CO. Inc. for the resurfacing and installation of cart pathways at the Golf course with an estimated annual expenditure of 15 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 21, 2019 $177,720.50 plus a 10% contingency of $17,772 for unforeseen conditions for an estimated total expenditure of $195,492.50. The Palm Beach County procurement process satisfies the City's competitive bid requirements. Mayor Grant read Proposed Resolution 19-056 into the record by title only. Motion Vice Mayor Katz moved to approve. Commissioner McCray seconded the motion. LWGIN The motion unanimously passed. B. PROPOSED RESOLUTION NO. R19-057 - Approve and authorize the City Manager to sign an Agreement with the Haskell Company in the amount of $140,000 for programming, architectural, engineering, pre -construction services and development of a Guaranteed Maximum Price (GMP) proposal for the proposed Utility Water Quality Laboratory project to be located adjacent to the Fire Rescue Station # 2, Boynton Beach, Florida. Mayor Grant read Resolution R19-057 into the record by title only. Vice Mayor Katz moved to approve proposed Resolution R19-057. Commissioner Penserga seconded the motion. Commissioner McCray wanted staff to explain the item. Joe Paterniti, Utility Director explained recently the Board approved staff negotiating a contract with the Haskell Company to establish a Phase I cost for the new laboratory on Woodbright Road. This item needed approval for the $140K for the Phase I services, which includes the design for the remainder of the project. The project was a design build project with two phases. The first phase was to develop engineering and develop a guaranteed price for the second phase of construction portion of the lab building. Currently, staff is using a smaller lab at the West Water Treatment Plant, but with growth, they have to move out. It needs a lot of repair and a decision was made to use the budget that was approved to build a new lab. It would be a more modern facility located centrally, with designated areas and new equipment. Staff will have to provide water and sewer service to the lab. It is adjacent to Fire Station 2 and they can tie into their lines. They will have to make a connection on Woodbright Road. 16 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 21, 2019 Vote The motion unanimously passed. C. Approve Task Order UT -413-01 with CDM Smith, Inc. in the amount of $153,520 in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category B awarded by City Commission on August 7, 2018 for work on the Lift Station No. 317 Force Main By -Pass project. Mayor Grant presented the item. Motion Commissioner Penserga moved to approve. Commissioner McCray seconded the motion. Commissioner McCray asked if the funds were coming from Utility Funds and learned they were. Lift Station 317 on Boynton Beach Boulevard just west of Congress on the north side of the road. The project would divert the forced main going to station directly to the South Central Plant reducing the demand on the lift station and increasing the life span of the lift station. Vote The motion unanimously passed. D. Approve Task Order UT -113-02 with Carollo Engineers for $198,810 in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category B awarded by City Commission on August 7, 2018 for work on the Congress Avenue Force Main Isolation Valves project. Mayor Grant presented the item. Motion Commissioner McCray moved to approve. Commissioner Penserga seconded the motion that unanimously passed. E. Approve an increase to the estimated annual expenditure to the "Cooperative Bid to Furnish, Deliver and Discharge Quicklime" with Lhoist North America by an $170,000 increasing estimated annual expenditure from $350,000 to $520,000 for the remainder of fiscal year 2019. Mayor Grant presented the item. 17 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 21, 2019 Motion Vice Mayor Katz moved to approve. Commissioner McCray seconded the motion. Commissioner McCray asked if these items would come forward each month. Collin Groff, Assistant City Manager responded they would. It was thought there was a better way expedite the items and the discussion could be a Future Agenda Item. There was agreement to do so. Discussion followed about creating a Consent Agenda for Utility Enterprise Funds. Ms. LaVerriere explained the agenda had this previously, but because of the dollar amount, the City Commission wanted the items discussed. By moving them to a Consent Agenda, they can items as needed. Commissioner McCray explained, as a nonprofessional, he does not know what the items accomplish. Attorney Cherof suggested having a quarterly report treated as a Consent Item. Commissioner McCray liked the idea. Mayor Grant requested having a Consent Agenda for any items over $100K. The items will be separate but could be approved all at once. There was a consensus. 8. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Approve Conditional Use and Major Site Plan Modification for the construction of a 1,927 square foot Taco Bell Restaurant, drive-through and related site improvements, located in a C-3 (Community Commercial) zoning district. Applicant: Raymond Funk, Coastal QSR, LLC (Tabled at the March 19, 2019 Commission Meeting) (Applicant requests tabling continues to May 7th meeting.)(Applicant requests tabling continue to May 21st meeting.) Motion Commissioner McCray motion to remove from the table. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. Meeting Minutes City Commission Meeting Boynton Beach, Florida May 21, 2019 Mayor Grant presented the item. Attorney Cherof administered an oath to all those intending to testify. Ele Zachariades, Dunay Miskel, and Backman, LLP, 14 Southeast 4th Street, Suite 36, Boca Raton, on behalf of Taco Bell, reviewed the proposed Taco Bell facility on the North West corner of SE 23,d Avenue and South Federal Highway. She indicated the subject site is a vacant parcel on .77 acres. The zoning is Community Commercial C-3. The applicant was seeking site plan approval of the restaurant and a conditional use approval for the drive through. She explained the property to the north of the site is zoned C-3 same as the subject property, but was developed as multi -family. The area to the left was vacant land, also zoned C-3, and the area to the south has a gas station on the corner of SE 23rd and Federal Highway and further south of SE 23rd Avenue was the Coastal Bay multi -family community. Across Federal Highway to the east was the Tuscany multi -family communities. She advised they met with both communities individually. Ms. Zachariades explained they worked with staff regarding the site plan. Typically, Taco Bell restaurants have a building in the center of the site, with a circulating drive through, but staff wanted an urban pedestrian friendly design and pushed them to situate the building up to Federal Highway to increase pedestrian activity on that corner. Taco Bell would also widen the sidewalks on Federal Highway to eight feet. Since the developments to the east and south are multi -family housing, bringing the building forward to abut Federal, they were able to consolidate the drive through and parking to the west of the building. Staff reviewed the multiple revisions of the plan, which meets the Code, met with the County, and received approval. The building would be situated in the front but still have 13 feet from the building to the property line and 32.5 feet from building to the property line from the south and 190 feet from the west property line. The drive- through facility is located completely behind the restaurant structure and is not visible from South Federal Highway. Ms. Zachariades indicated the proposed plan meets or exceeds all setback requirements. Height of building and structures, with reference to compatibility and harmony with adjacent nearby properties, and the City of Boynton Beach as a whole. Ms. Zachariades stated the building designed as a one-story structure, with the parapet wall at a height of 22 feet and two (2) inches, which is compatible with the structures on neighboring properties, and under the maximum allowable height of 45' in the C-3 zoning district. The applicant was providing 20 parking spaces as required by Code. Having the building in front and parking and drive through in rear, the applicant was able to provide a lush landscape. The applicant was providing 56 trees and 300 other shrubs, which was significant for the size of the property. 19 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 21, 2019 Ms. Zachariades provided some color building elevations. Noted there are 13 conditions of approval, which the applicant have met. Patricia Tice, Licensed professional engineer and certified planner, explained she specialize in site plan analysis and urban design. A fast food restaurant is typical use for this zoning. The trip generation report average is 900 trips a day; Taco Bell has a breakfast menu but was not used as frequently as a McDonalds or Burger King. Peak hours are 62 trips. Ms. Tice noted there is a traffic intersection issue. The right turn lane is 45 feet long and can store 2.5 cars, which was not long enough. The proposed turn lane would be 165 feet. Federal Highway stacking lane would go south to west on SE 23rd Ave. Ms. Tice indicated Palm Beach County has targeted this intersection for improvement; they have been waiting for development. The County needs right-of-way. They can extend the right turn lane out which was more appropriate for the site. The existing turn lanes are not stripped, people crossing 23rd into Tuscany are not sure which lane to take. This adds additional conflict in this area. Ms. Tice noted resident would like to have a coffee or donut shop. This would increase the trips to 175. The roadway upgrades will include mast arm signals, new signal, restripe and remarking the entire intersection, widening the sidewalk to 8 feet on Federal Highway. The current turn lane is 155 feet the proposed turn lane would be 238 feet. Palm Beach County reviewed approved the conceptual plans. The County has already funded the right-of-way needed to be acquired from the gas station and the Taco Bell and $650,000. There was a condition of approval regarding the driveway alignment. Feedback from the neighborhood did not support the alignment. Indicated it does not make a difference Ms. Zachariades clarified what were peak hours and trips. Taco Bell was not an AM or PM, shop they are a lunch service. With regard to improvements on 23rd, the project needs to move forward. Mayor Grant stated he currently sits on the Palm Tram Service Board. There was currently a bus stop on the Southside of southeast 23rd Avenue. He see a bike stop, he requested, as a condition of approval, if Palm Tram believes this was a better location for the bus stop would the applicant move the bus stop. Ms. Zachariades agreed. Mayor Grant asked the applicant to speak with Palm Tran regarding the bus stop. Mayor Grant opened public comment Herb Suss, 1711 Wood Fern Lane, indicated this was a good situation for Taco Bell. He stated 23rd and Federal highway was a big traffic problem. He goes there a lot and he wants to know if they took into consideration the snowbirds. 20 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 21, 2019 Michael Walstrom, 1505 Coastal Bay Boulevard, spoke about the drive through at Taco Bell. The overriding issue for the intersection and traffic. He reviewed a computerized traffic models before and after the Taco Bell. The model showed the current congestion and the easing after the proposed County modifications. What was not on the traffic study or present was the Taco Bell or the 899 cars in the drive through turning left going to the drive through. The models showing the congestion did not include the Taco Bell. He brought it up to the traffic engineer for the project, without the project. He quoted, not really not of that. He did not think the City Commission should accept the study. The traffic study says it would create 449 new and unique daily trips. He thanked the Police Department for their presentation and the Planning and Development board did not support the application. Shahn Gross 1604 Coastal Bay, President of the HOA, stated the traffic engineer did describe the demonstration on the laptop. Mr. Gross stated 99% of all fast food restaurants have multiple points of ingress and egress. The applicant feel it is one car a minutes for drive through, there will be compounding cars. They will have five employees per shift plus two for handicapped spaces, leaving 14 spaces, and then parking and the drive through. The other problem is how many people will cross the yellow line. There will be accidents. He indicated there are some other concerns, noise, trash, pollution. Between Coastal Bay and Tuscany there is $100M in real estate a fast food restaurant did not increase anyone's value. They have the traffic there to capture the sales. There will be noise from the drive through at 2 a.m. Mr. Gross requested the Commission to vote no. David Katz, 67 Midwood Lane, Chair of the Planning and Development Board. The Board met on this item 3 months ago and they did not have the traffic study. The City should not just accept it because it is a vacant lot. He explained you cannot deny the construction of the restaurant, but you can deny the conditional use. Even if the County says it is good, does not mean it was good for the City. He suggested the application be denied Susan Oyer, 140 SE 27 Way, stated she does not support the Taco Bell. Her neighbors support the application. The traffic needs to be dealt with, suggest from 7 am to 9 am in the morning, can it be a right turn only out of the drive on to SE 23rd to avoid stacking the lanes. If there will be an increase in traffic heading south, if there was a way to allow making a U-turn. Ms. Oyer indicated electric car charging stations were needed. Asked if the roof would be white to help heat mitigation. Asked if there were going to be specific butterfly plants. She spoke about 32 palms but they serve little purpose or shade, requested swapping out the palms for shade trees. Art Lincoln said no one mentioned there is a school bus stop at this intersection and blocks the intersection. After school, the bus stop again and unload the kids by the gas station. The City of Delray has one taco bell; the City Boynton Beach will have two. 21 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 21, 2019 No one else coming forward, Mayor Grant closed Public Comment. Ms. Zachariades stated in response to Susan Oyer request for shade trees. The applicant was happy to work with the City and was willing to add this as an additional condition. Michael from Coastal Bay made a comment about meeting with the traffic engineer; all studies obviously include the Taco Bell and the drive through. The simulation included the Taco Bell; there was not a physical structure. Patricia Tice indicated the project was included it shows new trip and pass by trips, they are checked from the intersection into site and out they are all tracked. Cueing analysis is not typically required. They will not allow a site designed to run onto a street, as it is bad for business. With the trip generation estimates, expect 30 entering and 33 leaving during peak hours. That would be one car every two minutes. Ms. Tice indicated 900 trips of day was ordinary. Ms. Tice indicated the intersection at 23rd and Federal Highway was a problem. Once the intersection was improved, the number of people running red lights may decrease. The intersection will be no less safe than any other intersection but it will be substantially safer after the Taco Bell was built. Lorie LaVerriere indicated staff had a presentation. Amanda Bassiely, Principal Planner, provided some changes made to the conditions of approval are already integrated into the back up. Condition 4, the joint use driveway shall be adjusted to the west to align with the centerline of Coastal Bay driveway to the south. Condition 9, provide Palm Beach County Engineering approval of the proposed project to ensure they will not require a corner clip or additional right-of-way. If the County required additional comer clips or right-of-way at time of permitting, it may require a Major Site Plan Modification, which requires additional public hearings. To make sure the building in relation to the street. Condition 13, the elevations are facing west, does not meet Codes. Glazing requirements not being met as well as needing to meet a 25% transparency. Condition 18, sanitary sewer lines shall be placed underneath the sidewalk to maximize the landscaping types allowed in the east and south perimeter landscape buffers. No trees are permitted to be planted within 5' of any utility line. The site plan may require revisions to provide the required landscaping along SE 23rd Avenue and install the required force main within the required 10' easement. Mayor Grant requested clarification regarding the windows, does the applicant need more or less windows. Ms. Bassiely responded they needed more windows. Mayor Grant requested the locations of the lift stations. Ms. Bassiely responded this was condition 1; lift station would go directly to the west of the lease line. Indicated it was not on the parcel being developed. It was a 30 feet by 30 feet easement. The lift station was 0% Meeting Minutes City Commission Meeting Boynton Beach, Florida May 21, 2019 underground. Mayor Grant asked if the applicant needed to secure a lease. Ms. Bassiely indicated they are requiring an easement. Commissioner Penserga noted the County might come back with additional requests. Requested if there was a timeframe. Ms. Bassiely responded the City did not have a timeline. The City has received two letters from the County. One of the letters stated some concerns, which the applicant worked through with the County. The other letter included some additional right-of-way and corner clips. Vice Mayor Katz asked what staff position was regarding to the traffic situation of the county changes, and the giving of a portion of the parcel to the County. Ms. Bassiely stated she was not a traffic engineer, but staff has reviewed the plan and there were not issues. Commissioner Romelus indicated she was not opposed to Taco Bell, but was at this intersection. As designated by the CRA Consolidated Plans, the City nodes of activity was supposed to be contained within the Woodbright and Federal Highway area. The intersection was not meant for this use or drive through. It does not make since at this intersection. This entire project abutted residential neighborhood except for the gas station. She did not believe it was the best and highest use for this area. If you go west on 23rd, there are physician offices, medical offices. She did not think it was compatible. The numbers mentioned by the traffic engineer was not that impressive in terms of improving the traffic situation. The numbers seems to come down on their analysis. She believed the solution for the residents is something to allow the traffic to go through at a rate, which would not hold back. One of the best anecdotal example was how everything will backup. People will do what was simple and easy. Commissioner Romelus stated this is one of the worst Red Light Camera infraction. It was mention that it would be bad for business if traffic backs up into the road, the Dunkin Donuts was approved and traffic backs up onto Boynton Beach Boulevard, which is one of the busiest roads in the City. It was one of the most dangerous intersection in Boynton Beach. It was good for their business. It is a boost for the business to see the customer coming. Unlike Congress Avenue, which has, three lanes, which can accommodate for the traffic, 23rd cannot. As the Commissioner, she could not support this. Vice Mayor Katz indicated the most important things, which, they have zoning and land use for a reason, so elected officials cannot subjectively on their whim and opinion to decide which business they want. The reason for the land use was for equal treatment. He understood the sentiment was not to have a Taco Bell at this location. The Commission legally could not deny the Taco Bell. The Commission could deny the drive through. The purpose of denying the drive through would be to kill the project. Which would be to deny the property rights of the applicant. Some of the request which were made to be deny, it seem empirical based on what was presented, by placing the right turn lane on Federal Highway will address one of the key issues of stacking. The right land was not property stacked or stripped. In reference to the Dunkin Donuts on Boynton 23 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 21, 2019 Beach Boulevard, he did not believe it would not be approved today. The issue was they might have been grandfathered in. He heard all the augments and based on the traffic studies, and speaking with staff and the County, their position as traffic engineer approved the plan. The City and County staff are not loyal to any one applicant, based on what he heard from professional, this would improve the intersection. Vice Mayor Katz understood the opposition, but did not think it the taco bell was'/ mile down the road anyone would be here. The Planning and Development board is an advisory, and they make recommendations that would expose City Commission to litigation, which the City could not defend. The Commission cannot subjectively deny projects and there would be zero development in the City of Boynton Beach. He would support the project, the traffic is the only objective issue and because of the county's intended improvements, it will be improved. Commissioner McCray believes in smart growth, as elected official they can deny or approve anything they want. There were many different developments on that site. In 2006, Hemiway Square came before the Commission and presented 21 townhomes, The Commission approved Hemingway Medical office in 2010 but they did not come back. Everyone was speaking about the traffic study; no one was talking about Brightline, which causes a car stack up. Commissioner Penserga indicated he has not seen the simulation regarding the traffic study. Asked if anyone have seen the simulation. Mayor Grant asked if the traffic study took into account what was done at the County on March 13tH. Ms. Tice stated she was not aware of what happened at the March 13tH meeting. Mayor Grant explained when the stacking issue came up at the Planning and Development Board; he requested a look for the Palm Beach County Engineer, David Ricks. The Engineer stated there was a stacking issue. Palm Beach County was changing from a 20 second to a 30 second east to west bound. Ms. Tice indicated the simulation ran was on the timing in place when the study began. This would not include the improvement in timing. Benjamin Devries 161 Oakwood Lane, for Taco Bell, indicated the report was rerun. This was done at the request of Palm Beach County. The simulation was just an exhibit to explain the stacking issue. Patricia Tice indicated there were two different ways to analyze the data. The simulation she ran this afternoon did not show the cue extending behind the driveway. Commissioner Penserga stated regardless of how the Commission votes, there are traffic concerns at this intersection. He urged all that the City Commission work to alleviate these traffic concerns. Indicated public safety should be priority number one. Commissioner 24 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 21, 2019 Penserga asked if this project cause additional accidents. He requested direction on where to go to get the information. Staff from the County explained to him that meeting standards does not equate to less accidents. He feels compelled to vote in favor of the project, in the absent of any additional information from the County. He was also compelled to rely on staff and their professional opinions regarding this project. Staff favored the project as long as the conditions are met. He will vote for the project, but the concerns regarding traffic must be alleviated. Mayor Grant asked if the applicant accepted all the conditions as well as the new one with the bus stop. Ms. Zachariades accepted all conditions. Mayor Grant stated he had other conditions. Indicated the City of Boynton Beach has solar panels and shade trees, there are solar canopies at Barrier Free Park and Ocean Front Park. He asked if this was possible to add solar panel with the current plan. Ms. Zachariades responded the applicant was willing to work with staff. Mayor Grant indicated they are required to have Art, stated he would like to see a butterfly garden. Ms. Zachariades accepted the condition. Mayor Grant expressed there was not adequate lighting at the intersection. The driving patterns in Boynton Beach was not acceptable. Having the development would improve safety; he was proposing cameras throughout the building and asked the applicant to work with the Police Department. Ms. Zachariades responded there would be cameras. Mayor Grant expressed the applicant should contact the police department regarding cameras. Commissioner McCray stated he and Commissioner Romelus represent the east side of this City and travel the route every day. He knows about the traffic backs up. He was not in favor. Commissioner Romelus stated in regards to Vice Mayor Katz regarding the Dunkin Donuts on Boynton Boulevard would never be approved now. She believed it would cause problems in the future. Indicated to Commissioner Penserga stated he felt obligated, Commissioner Romelus stated the Commission was under no obligation to approve this, but the modifications proposed are not contingent on this project. Any developer would have the same conversation with the County regarding the right-of-way. Commissioner Penserga asked the City Attorney if he could clarify the legality of this matter. Attorney Cherof responded the Commission does not have unbridled discretion to approve or disprove a conditional use; The Commission must weigh the outcome based on the evidence, which has been presented. In conditional use absent showing they have complied with the code and staff agrees with the changes with condition, unless there is a very substantial negative reason not to approve, the Commission should approve. 25 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 21, 2019 Mayor Grant noted this was a joint item, conditional use and Mayor Site Plan. Attorney Cherof indicated they should have separate motions. Vice Mayor Katz stated in regards to the proposed businesses, the Commission can do whatever they want, but there are consequences. This was a use, which fits the requirement. Vice Mayor Katz quoted case law from denying a conditional use in Melbourne Florida. When the applicant meets all the criteria, to deny would be the subjective. Vice Mayor Katz indicated there are requirements for conditional use of approval. Motion Vice Mayor Katz moved to approve the conditional use. Commissioner Penserga seconded the motion. Vote 3-2 (Commissioner Romelus and Commissioner McCray dissenting) Motion Commissioner Penserga moved to approve the Major Site Plan Modification. Vice Mayor Katz seconded the motion. Vote 3-2 (Commissioner Romelus and Commissioner McCray dissenting) Attorney Cherof stated the development order based upon the Commission approval would reflect the conditions of approval discussed, including the additional conditions read by staff and the comments made by the applicant indicating their approval of all conditions. 9. CITY MANAGER'S REPORT - None 10. UNFINISHED BUSINESS - None A. Mayor Grant has requested to discuss the Commission expense allocation stipend. Below is the current information concerning the Commission's compensation. (This item addressed earlier in the meeting). 26 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 21, 2019 B. Authorize Commissioner Romelus to attend Sister Cities International Conference in Houston, TX, July 17-19, 2019. Motion Vice Mayor Katz moved to approve with discussion. Commissioner McCray seconded the motion. Mayor Grant open to public comment. David Katz 67 Midwood Lane, looked at the meeting back up and could not see anything to benefit the City of Boynton Beach. If a Commissioner wants to attend a conference, the Commission should utilize their expense account. He indicated Commissioner Romelus has gone to two Sister Cities meeting. She has not attended a meeting in Boynton Beach. If the Commissioner wants to attend, she should use her expense account and not come to the taxpayers. Susan Oyer, 140 SE 271h Way, opposed because she does not want to see her tax dollars spent for a conference in Texas. She informed the Commission she sits on the Executive Board for Sister Cities. Noted the Mayor attended every event. Ms. Oyer indicated she saw Commissioner Romelus at one event. She express no one on the Executive Board will be attending the meeting in Texas. She said there was nothing on the agenda, which applied to the City of Boynton Beach. She did not believe this was the best use of taxpayer's funds. In the past, Mayor Grant requested funds for the registration only. Mayor Grant responded he requested only the registration fee because he had family in the area. The Sister Cities organization helps promote cultural, education, economic around the world. Presently the City of Boynton Beach has three Sister Cities. He was in favor of Commission Romelus going to this conference; this would expand her knowledge about the Sister City program. Commissioner Romelus is paying for her airfare. The residents and taxpayers should not pay for international travel. This was not international travel. His only request was that Commissioner Romelus provide an update on the conference. Ms. Oyer indicated China has been placed on the back burner. She did not see the value of this trip and the Commission receive expense accounts, which could pay for the trip to Texas. Herb Suss, 1711 Wood Fern Drive, supported Commissioner Romelus travel and would favor a verbal report. No one else coming forward, Mayor Grant closed Public Comment. 27 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 21, 2019 Commissioner Penserga understood there was a travel policy in place, which has been voted and approved by the Commission. Inquired if the request complies with the travel policy. Lori LaVerriere, City Manager responded there is funding in the travel budget, funding is available, and no prohibition to not allow travel. The policy was driven by the budget. Commissioner Penserga indicated he would be in favor of Commission Romelus attending the conference. Commissioner Romelus indicated her children are older and she was available to travel outside the City. She was hoping to use Sister City alliances to benefits not only the City of Boynton Beach but also the cities, which the City collaborate. She was a Sister Cities member prior to becoming a Commissioner. This was outside the State of Florida, but this was a wealth of knowledge. She would be happy to bring back a report. She understands the Mayor has gone in the past and gained knowledge. Vice Mayor Katz indicated he has always maintained the program is a novelty. This was not something, which taxpayers would benefit. The Commission was benefiting in a form of gaining knowledge. Vice Mayor Katz said when the Mayor asked and granted to go out of the country for Sister Cities he did not agree. This was a domestic event; he would not stand in the way in this instance. He does not intend to support any other allocations of taxpayer dollars in the future. He does not see any tangible benefit to the taxpayers in the City of Boynton Beach. Any travel should come out of the monthly Commission expense account. Mayor Grant inquired if the City Manager learned anything when Sister City from Finland visited Boynton Beach. Ms. LaVerriere responded they learned how other Countries operate. Commissioner Romelus said the City has not benefited from the Sister Cities, only with art exchange. She hope to have partnerships, which can improve relationships to do more. As she stated before she was willing to pay for the hotel. She was requesting the registration cost. She clarified this was a $1,200 expense. Vote Unanimously passed. 12. LEGAL A. PROPOSED ORDINANCE NO. 19-016 - SECOND READING - Approve amending Part 2 of the City of Boynton Beach Code of Ordinances, Chapter 16, Section 16-18 adding a definition of mooring and Section 16-60 Establishing hours of use at Harvey E. Oyer, Jr. Park., Item (d) to clarify non -permitted use. Meeting Minutes City Commission Meeting Boynton Beach, Florida May 21, 2019 Attorney Cherof read Proposed Ordinance No. 19-016 by title only on second reading. Motion Commissioner McCray moved to approve. Commissioner Penserga seconded the motion. Deputy Clerk Nieves called the roll. Vote 5-0 B. PROPOSED ORDINANCE 19-010 - SECOND READING - Amending Chapter 14 of the Code of Ordinances entitled "Motor Vehicles and Traffic" creating Section 14-13 entitled "Motorized Scooters". (Tabled to May 21, 2019) Motion Commissioner McCray motioned to remove from the table. Commissioner Penserga seconded the motion. Vote Unanimously passed. Attorney Cherof read Proposed Ordinance No. 19-010 into the record as amended, by title only. Patricia Tice indicated she was scheduled to speak on scooters as the American Planners Association. Noted there were 140 cities considering ordinances regarding scooters. She indicated she was in the process of writing best practices for motorized scooter use. Mayor Grant stated the concern of the board was the dangers of motorized scooters. The City of Boynton Beach does not have 8 -foot sidewalks. In addition, the City does not have buffered or protective bike lanes. The City does not want to encourage scooter companies to set up businesses in the City. Mayor Grant indicated the City of Boynton Beach do not have the control of anterior roads. Ms. Tice understood the reasoning and was practical. The State Statute, which was approved in Legislation, said you have the right to deny scooter use in any street that 29 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 21, 2019 has a sidewalk less than 5 -feet. She suggested making some space for the scooters, whenever there was street paving. Mayor Grant responded he would love to have a bike lane on Federal Highway. Mayor Grant indicated the City was introducing bike ridesharing. Vice Mayor Katz called the question. Commissioner Romelus requested clarification regarding the language change. Attorney Cherof responded the term commercial has been added to the Ordinance. Mayor Grant clarified personal scooters were not prohibited. Motion Commissioner McCray moved to approve. Commissioner Penserga seconded the motion. Deputy City Clerk called the roll. Vote 5-0 C. PROPOSED ORDINANCE NO. 19-017 - SECOND READING - Approval of Ordinance amending Section 14.3 regulating truck and other commercial use vehicle parking in residential neighborhoods. Attorney Cherof read proposed Proposed Ordinance No. 19.017 into the record by title only. Motion Commissioner McCray moved to approve. Commissioner Romelus seconded the motion. Deputy Clerk Nieves called the roll. Vote 5-0 30 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 21, 2019 13. FUTURE AGENDA ITEMS A. Department to give brief presentation of their operations Development - July 2019 Library - September 2019 B. Representative Mike Caruso post -legislative update - June 4, 2019 C. Staff to give update on Building Wealth/Local Preference/Surtax programs — June 4, 2019 D. Commission wants to discuss public safety as it relates to the Town Square Redevelopment — June 2019 E. Staff to review Development Department's plan review processes to identify efficiencies and technologies to assist with timely review of plans/projects - July 2019 F. Budget Workshops for 2019/220 proposed budget: Budget Workshops at Intracoastal Park Clubhouse; Monday, July 15, 2019 @ 5:00 P.M. Tuesday, July 16, 2019 @ 10:00 A.M. Wednesday, July 17, 2019 @ 2:00 P.M. G. Staff to present updated Social Media Policy - August 20, 2019 H. Mayor Grant requested a discussion of possible changes to Seacrest Corridor Zoning and Land Use -TBD 14. ADJOURNMENT There being no further business to discuss, Commissioner McCray moved to adjourn. Commissioner Romelus seconded the motion that unanimously passed. The meeting was adjourned at 10:56 p.m. (Continued on next page) 31 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 21, 2019 ATTEST eenester Nieves, Deputy City Clerk Catherine Cherry Minutes Specialist 32 C F BO O NTr- -a y o r -Steve B. Grant Vfc6 Mayor — Justin Katz Commissioner a*,McCrA Commissioner — Christina Romelus Prd�i�� • -� � ' • DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Taco Bell Restaurant (COUS 18-005 / MSPM 18-007) APPLICANT: Raymond Funk, Coastal QSR, LLC APPLICANT'S ADDRESS: 1340 Hamlet Avenue, Clearwater, FL 33756 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 19, 2019 APPROVAL SOUGHT: Request Conditional Use and Major Site Plan Modification approval for the construction of a 1,927 square foot Taco Bell Restaurant, drive-through and related site improvements, located in a C-3 (Community Commercial) zoning district. LOCATION OF PROPERTY: Northwest corner of South Federal Highway and SE 23rd Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant X HAS _ HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby X GRANTED subject to the conditions referenced in paragraph 3 above. _ DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: 197_W: 99] City Clerk S:\Planning\SHARED\WP\PROJECTS\Taco Be1l\StaffReport\MSPMP18-007_ DO.doc EXHIBIT D Conditions of Approval Project Name: Taco Bell Restaurant File number: COUS 18-005 / MSPM 18-007 Reference: 3rd review plans identified as a Maior Site Plan Modification with a February 13, 2019 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: None. All previous comments addressed at DART meeting. 1. Provide a 30 foot by 30 foot public utilities easement for pump station X located adjacent to SE 23rd Avenue on the east side of the west property line. The easement shall be located directly west of the joint driveway serving this development and the future development on the western portion of the site. The easement is to be recorded at the county prior to permit issuance. 2. Provide a ten (10) foot public utilities easement along SE 23rd X Avenue and a ten (10) foot public utilities easement along Federal Highway. The easement is to be recorded at the county prior to permit issuance. 3. A Developers Agreement addressing the construction of the pump X station is to be completed prior to permit issuance. 4. The joint use driveway shall be adjusted to the west to align with the X centerline of Coastal Bay Blvd. 5. Additional comments may be provided at time of permitting based on X the conditions of approval. FIRE Comments: None. All previous comments addressed at DART meeting. POLICE Comments: None. All previous comments addressed at DART meeting. BUILDING DIVISION Comments: None. All previous comments addressed at DART meeting. PARKS AND RECREATION Comments: None. Taco Bell Restaurant (COUS 18-005 / MSPM 18-007) Conditions of Approval Paae 2 of 3 DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: 6. A cross -access easement is required to maintain access to the X remaining parcels to the west. 7. On Sheet C04, there are improvements depicted within the utility X easement along the north side of the property. Please provide written authorization for the encroachment, seek and receive abandonment approval, or remove encroachment. 8. Increase the height of the shrubs planted on the east and south of X the building to a four foot minimum, to offset the height of the finished floor and ramps. 9. Provide Palm Beach County Engineering approval of the proposed X project to ensure they will not require a corner clip or additional right- of-way. If additional corner clip or right-of-way is required by the County at time of permitting, it may require a Major Site Plan Modification which requires additional public hearings. 10. Revise cool white lighting to warm white. X 11. Although review of signs for compliance with codes will be conducted X at time of permit submittal, please be aware the logos (such as the "bell") placed on building facades are limited to 20% of the individual worded sign it is associated with, or a maximum of 9 square feet. 12. Landscaping around the dumpster enclosure shall be planted at a X minimum of one-half the height of the enclosure. 13. If the Conditional Use for a drive-thru is approved, per the Community X Design Standards for drive-through facilities, the building fagade on which the drive-through window is located shall have windows that occupy no less than 25% fagade, located at pedestrian level. A maximum of 10% of this 25% may be non -transparent. Provide dimensions and show calculations. 14. This project is subject to the public art program. Submit an X application and coordinate with the City's Public Art Manager. 15. A unity of title will be required for the remaining three parcels to the X west. 16. Revise the landscape plan to depict the 25 trees on -center along all X vehicular use areas at time of permit submittal. Taco Bell Restaurant (COUS 18-005 / MSPM 18-007) Conditions of Approval Paae 3 of 3 DEPARTMENTS INCLUDE REJECT 17. Clearly dimension the setback of the building from each property line X to the closest point of the building. 18. Sanitary sewer lines shall be placed underneath the sidewalk to X maximize the landscaping types allowed in the east and south perimeter landscape buffers. No trees are permitted to be planted within 5' of any utility line. The site plan may require revisions to provide the required landscaping along SE 231d Avenue and install the required forcemain within the required 10' easement. 19. Additional comments may be rendered at time of permitting. X COMMUNITY REDEVELOPMENT AGENCY Comments: None. All previous comments addressed at DART meeting PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None. CITY COMMISSION CONDITIONS Comments: None. ADDITIONAL REPRESENTATIONS / COMMITMENTS The applicant or applicant's representatives made the following representations and commitments during the quasi-judicial and/or public hearings that now constitute binding obligations of the applicant. The obligations have the same weight as other conditions of approval. The applicant has offered to: • Integrate butterfly attracting plant species into the proposed landscape plan. X • Work with staff to increase the number of canopy trees. • Work with staff to add a solar canopy to the site plan. • Coordinate with Palm Tran on the location of the bus stop. S:\Planning\SHARED\WP\PROJECTS\Taco Bell\StaffReport\Exhibit D - COUS18-05 MSPM18-007 COA - POST CC.doc MCORNELISON DESIGN,INC. ENGINEERING & June 14, 2018 City of Boynton Beach Planning & Zoning Division 100 East Boynton Beach Boulevard Boynton Beach, FL 33435 Tel. (561) 742-6260 RE: Letter of Justification Taco Bell, 2319 S. Federal Highway, Boynton Beach Parcel ID No. 08-43-45-33-06-000-0010 (portion of) To Whom It May Concern: EXHIBIT B 38039 Old 5' Avenue Zephyrhills, FL 33542 Tel. (813) 788-7835 Fax. (813) 788-7062 www.cornelison-eng.com This Letter of Justification is to request Conditional Use approval for the construction of a 1,918 SF Taco Bell restaurant with drive-thru and related site infrastructure. We believe this request is consistent with other fast-food restaurants permitted in nearby areas of the City and is also consistent with the City of Boynton Beach's Land Development Regulations (Chapter 3, Article IV, Section 4). Below are the standards used to evaluate a Conditional Use Application: 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, and access in case of fire or catastrophe. The site will be accessed via a proposed driveway to/from SW 23rd Avenue along the left (west) property line, which will provide adequate ingress and egress to the property for automobiles, pedestrians, and emergency/service vehicles and/or staff. The proposed driveway will be shared with the property to the immediate west of the entrance. In addition, adequate pedestrian access will be accomplished by a sidewalk connection to be constructed from the proposed building to the existing sidewalk along the front of the site (along S. Federal Highway), which also connects to the existing sidewalk along the south side of the project site, along SE 23rd Avenue. Off-street parking and loading areas where required, with particular attention to the items in subsection C.1. above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole. Adequate off-street parking will be provided for the proposed project; the parking spaces shown on the proposed site plan exceed the spaces required. The design of the proposed use will incorporate elements to minimize any noise, glare, economic, and/or odor effects on adjacent and nearby properties and the City as a whole. Landscaping will be placed along the perimeter of the site to further screen, buffer, and mitigate the facility from having any impact on adjacent properties. Site deliveries will be made when the restaurant is closed to not interfere with restaurant operations. Refuse and service areas, with particular reference to the items in subsection C.1. and C.2. above. A dumpster with enclosure will be situated on the site with adequate access for refuse trucks to service the project per the City's requirements. Utilities, with reference to locations, availability, and compatibility. There are existing utilities near or adjacent to the site, which will provide adequate access to water, sewer, electric, and phone service. Existing electric lines and a fiber-optic vault are to the east of the property along S. Federal Highway; an existing water meter is near the southeast corner of the site; and there is an existing City lift station adjacent to the south property line along SE 23rd Avenue. These utilities are compatible with other existing services in the area and adjacent properties. IN.IJSI ENG � h;NG111EF.R1NG K HMO, INC. City of Boynton Beach, Conditional Use Justification June 14, 2018, Page 2 5. Screening, buffering and landscaping with reference to type, dimensions, and character. Screening, buffering, and landscaping will be designed in accordance with City standards. Trees, shrubs, and hedges will be utilized to incorporate the general characteristics of the proposed use, the surrounding areas, and similar uses in the City. Various types of trees will be provided ranging in overall height from 12' to 21; shrubs and hedges provided will range from 10" to 36" in height. 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. The signage and proposed exterior lighting will be compatible and in harmony with adjacent and nearby properties and will be placed in such as manner as to avoid glare and prevent safety hazards for traffic. 7. Required setbacks and other open spaces. The proposed use will be positioned on the property to meet all applicable setbacks and open space requirements. 8. General compatibility with adjacent properties, and other property in the zoning district. The proposed use is compatible with the adjacent properties and other property in the zoning district. 9. Height of buildings and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the City as a whole. There will be a one-story, 22' building on the property, which is compliant with City standards, as well as compatible and in harmony to adjacent and nearby properties and other fast-food restaurants in the City. 10. Economic effects on adjacent and nearby properties, and the City as a whole. The proposed use will not hinder the development or economic stability of nearby properties or the City as a whole. As a new development, the proposed project will have a positive effect on the area and increasing the value of surrounding properties. 11. Where applicable, the proposed use furthers the purpose and intent of a corresponding mixed-use zoning district or redevelopment plan. Not applicable (proposed site is zoned C-3). 12. Compliance with and abatement of nuisances and hazards in accordance with the operational performance standards as indicated in Chapter 3, Article IV, Section 1 and the Noise Control Ordinance, and City Code of Ordinances Part II, Chapter 15, Section 15-8. The proposed use will be designed in compliance with the operational performance standards referenced above. There will be minimal pollution and noise as there is with any construction; the noise will not exceed the City's noise ordinance. Construction times will be the same as all other general construction projects (typically 7:00 am to 4:00 pm, Monday -Friday). If you should have any questions, please do not hesitate to contact me. 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A'na a ..... •..R< .ut. w nwr r. :�06fi1r0 � w R .Mw.m s Mmn WE G vY k :3 1fe# - ..nom .�... nAil s` .\., - .�r� .,. m • ..+. •'st r vFia`.'is� �.t�' 9 �t _ r .m �•r as �m.tr ( �, oo.n..w •. i � n..... � 4 srzRsrut, DA1A � m."'. •°"•a.e•a^ � r,w •.�� is ..two�iv�� m RO.CltD Stave .., aon..nnR yo- ..moan s.m rra+a ;pww.wp. TACO SEU �„`, t.vrt, n.rnt. or owrn tttwtoMraw.-.., 0 OV �� SIOW StRF'UI faF RYDW.. ILf Mf.i SM-ZFXLT PAVING. GRADING AND DRAINAGE PLAN ERM MOIRi ,voRe rou ou, � �4 C05 r w'rewr��"irw�e �� w aV zrre a r. tan R� e Y wO ' Yte�YwearOwa1 e1 w1.rY wO wwn ��r�i`ru til�swriilws .a1 � rrw•rwa ra t... swewr. , rarNsrr■ter wiwlrw wat�ar was wa w e awl w rw wa. eta wwe e i�woiia rwwe�rYr !maw � was wu owealM wwM. IOf w a tY. 11M wrr � �aa�esl •ww N1Y iO �• , L ®Orlr.RfwlwO ttw.t M1rww ra to =�tr rsa now��e vlc wr wta] YrY wit 1-.l O A NrAa— Gwww Atex YYM%L Rt r[MM) Col Mrs Mfr pRe vou p1 eEcf lRer rlrwlYr IlY lM I.1N re OUt e1. fY�.r. rat UTILITY PLAN COB ✓.....� o�c sow Y_, j .: i� � � � We nr. N]•a] m nm •carr L :�j • d�� 2 r Qorn • upw wra w tr rr.�m. .nnro. ncn w7� 1 ] a9,1'^.1 o n:arrn'ro b""c.;.•cce. +« ea,r n..] corer m - � i ? m -r. wN✓ .w• �^�II .1e r wwcru �o.na ararsic�� Rio N oeryce a rOrr wo 1ea .n •N. r;..wv { r mon iauNw .wa] n nw] o.r ... •+.,......... ! eNa •rN�n ea..o+.��.�o. x..m+ ra..ar..v. . rw aQ en« ams Y .d•Icn..a .o o.¢ nI.M1 �]]�t� i�ry ttj i N wtwr 11er !NMI w rlaib ra ro w.we wa0. 1e'aw werar+' a+se arN ]] .�``O R �� 1 ' � i 4tv V14nt1.Orts aIC tlaNlrrt el4r.] w[ M1 C1. ,1.MO • O t. ]. 'l a MQ d✓M1f a •. !011.0 r i �e.tr1 1 ( lw.0 IRO 1b .[Otsaw •wM/r.w...irN W�MI, �_ ..n.. CD ""°�'- 0 • ares. >. wa ..� CD CO .car..«. nurmwewr•e •.e OD <r�11ev. 1.]r eaouo s..n.! w[ t roast wmr nr r1RrOsin [tIc'4 IN TACO BILI .. —•� nTSF'a nae laf (16M 06 ✓[ —.— rrOp5ln Gt] IN —. �. � raVtrC t1f..11 ITI [lRwt wTa W M f2 «Yue) rn•M(w .r 1 SM-42EXLT O A NrAa— Gwww Atex YYM%L Rt r[MM) Col Mrs Mfr pRe vou p1 eEcf lRer rlrwlYr IlY lM I.1N re OUt e1. fY�.r. rat UTILITY PLAN COB I ➢Irl✓�N � t. --- PREFAB® B C J01rti B SORTIRO cDBQUIPMFM _ ROVt]@EBAz, zoic [ram■en'�.�s,c�»L^.zs�cvu.a.saz� . I I I I II 11 I i I gi I WM2D.0 �Nli SseeltWML LLL w..n_�I....wa ar nw CALL BEFOREE YOOUU DIG IT'S THEAW- GALIHI �• �k E s F g�yg f e t nHa y� TACO BELL i s SM-42EXLT PHOTOMETRIC PLAN SL -1 B ;etto -99int&L Ldp kd De ay.-.�., .onrii&nt, Weekly said in a January meeting. "We can take a step to eliminate those chemicals going into our water." (Key , West's ordinance'doesn'tprohibittouristsfrombuyingthe . bannedsunscreens outside the city, or online. And .sun- screenbrands_without the chemicais can stillbe sold.) Hutson justifies his'threat tolocal ggvernments by saying that, while he is concerned about the envi- ronment, he's "just not a fan of government on the state or local level telling a business what to do." .--He's being shortsighted. Key West pass ed theordi-7 nance to protect its business, by protecting its environ-. went. Even Gov. Ron DeSantis connects the health-. of Florida's economy to that of the, environment: ;. " Hutson claims he wants to make sure bans are based on "science and data." But he's just parroting three power ful companies with a stake in the sale of sunscreens and are registered to lobby on the bill: Johnson & Johnson, which makes riiultiplesunscreens.with oxybenzone; and Publix and Walmart, stores that sell the product. ' Indeed; Johnson & Johnson argues that certain sunscreen chemicals affecting coral reefs "have led to.widespread raisin- - formation about the safety of many sunscreens in the marine, environments" and declares there is "no credible science" to show a link between sunscreens and coral reef bleaching. No credible science? Key Westleaders;cited published studies by environmental researchers including a pro- fessor from"the University of Central Florida = showing howthe two chemicals, which accumulate inwater from: bathers or from wastewater discharges, can damage coral reefs through bleaching and harming the corals' DNA. The website for the South Florida Reef Ambassador.'. Initiative, which falls under -`surprise!'- the state's: D epartment of Environmental Protection, tells div= ers to ".Avoid sunscreens with Oxybenzoneand A vobenzone: The benzones are compounds that are . lethal to coral reproduction mi very small amounts. ffi"- ally, Hutson says he,is a'"big proponent, of making sure people have sunscreen"andbelieveslocalbansoncertain, types of sunscreens, are "silly'"'. because the substances pro . tectPeoplefromultravioletrays. But eventheAmerican . Academy of Dermatology, which is rightfully concerned that a ban of these ingredients could have an impact on skin cancer ` . rates,' acknowledges that there is "emerging evidence that, chemical sunscreen ingredients' : could affect coral reefs.:` The organizationrecommends further study. We agree. But in the meantime; why stop environmentally conscious municipalities from taking steps to protect,their coasts? Communities that try to make good laws for their locali- ' ' ties shouldn't be at the mercy of a Legislature. that stomps ,all over them onbehalf of big=spending lobbyists.:, ' In this August 2010 file photo, there I ,is hleached ' cervicornis coral, also: known as I staghorn 'coral located at: Bath & Tennis 111 reef off of . . Palin Beach. I -os BY. ' CSV' 6LUG'"Cc'I!a�v ncpwyNvry►jY."MMS111VIS M3N1tI38 �+►dq�eagWl�-.i