Minutes 05-05-20 MINUTES OF THE CITY COMMISSION MEETING HELD
ONLINE via GOTOMEETING
BOYNTON BEACH, FLORIDA
ON Tuesday, May 5, 20202020, ATO P.M.
Steven B. Grant, Mayor Lori LaVerriere, City Manager
Ty Penserga, Vice Mayor James Cherof, City Attorney
Justin Katz, Commissioner Crystal Gibson, City Clerk
Woodrow L. Hay, Commissioner
Christina Romelus, Commissioner
1. OPENINGS
A. Call to Order
Mayor Grant called the meeting to order at 5:30 p.m.
John McNally, Information Technology Director, provided information regarding how to
participate in the live online meeting.
Invocation
Mayor Grant provided the invocation.
Pledge of Allegiance
Vice Mayor Penserga led the Pledge of Allegiance to the Flag.
Roll Call
City Clerk Gibson called the roll. All members were present.
Agenda Approval:
1. Additions, Deletions, Corrections
Vice Mayor Penserga requested to add item 3-G Feeding South Florida Mega Event.
2. Adoption
Commissioner Hay moved to approve the agenda as amended. Commissioner Romelus
seconded the motion, which unanimously passed.
2. OTHER
A. Informational items by Members of the City Commission
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Commissioner Katz spoke to several residents regarding the 7-Eleven project. He
indicated he did not speak to the owners of the property.
Commissioner Hay indicated he also spoke with residents regarding the 7-Eleven project.
Updated residents on a testing site for COVID-19 available at St. John Missionary Baptist
Church. Noted more than 40 people were tested and everything was going smoothly.
Noted the testing would continue for at least six weeks.
Commissioner Romelus spoke with residents of District 3, attended the first opening day
of COVID-19 testing site at St. John Missionary Baptist Church with Reverend Davis in
partnership with Genesis Health. Announced May is Haitian Heritage Month.
Vice Mayor Penserga spoke with several residents regarding the 7-eleven project, he also
was contacted by representatives of the 7-evelen store.
Mayor Grant spoke with Josh Young representing Southland, Neil Schiller, representative
of the Shell Gas Station and Andre Parks on another matter. Spoke with numerous
residents and received to several emails regarding the 7-Eleven project. Wished all a
happy Ramadan.
Commissioner Hay gave a shout out to Boynton Strong. They are helping the community
with feeding the residents.
Mayor Grant noted since Boynton Strong was now 501c3, the City could investigate
providing funding.
3. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND
PRESENTATIONS
A. Representative Joseph Casello will provide an update on the recent legislative
sessions.
Representative Joseph Casello thanked the City of Boynton Beach for having him. He
congratulated Commissioner on his election as well as Vice Mayor Grant Penserga.
There was a $93.2B budget passed. This was before COVID-19. The legislature allocated
$27.3M in Federal Funds and $25M in State Funds for COVID-19 prepared and $300M
in reserves have been earmarked for Keepsake. Representative Casello noted highlights
of the 2020 session: $500M in salary increases for schoolteachers, 3% pay raises for all
State employees, a recommitment to keep the Affordable Housing Trust Fund. $10.3M
to import prescription drugs from Canada. $8.1 for nursing homes for State Veterans and
$691M for Water Quality Improvements including Everglades Restoration. $47.7M for
sales tax holidays. Representative Casello provided a listing of bills that passed this
year. Alyssa is Law modify school safety status and requires each public school to
implement a Mobile Panic alert system known as Alyssa's alert and this system may be
capable of connecting diverse emergency service technologies to ensure real-time
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coordination between multiple first responder agencies to the schools. Passed a joint
resolution which would require to have to be a ballot question, for families of veterans and
it passed, would allow the surviving spouses of deceased to claim the same Homestead
property tax credits available to those families before death the approved by the voters
and be effective January 1, 2021. Another Bill which passed was the for waterways and
water sources and combating toxic algae bloom. This Bill protects the water quality by
addressing the classic algae blooms, which devastated many of the forest's rivers and
Coastal ecosystems in 2018 includes regulations on septic tanks, Utility wastewater
treatment systems in stormwater runoff and agriculture runoff biosolids that the sludge of
waste which is for processing the fertilizer. $600M has been put aside for First
Responder. Representative Casello indicated he was very proud to co-sponsor a bill
protecting our First Responders and firefighters. This bill gives firefighters the equipment
needed to decontaminate clothing and Equipment. Noted another bill which gained
traction was combating anti-Semitism. Palm Beach County High School principal was
fired for saying they could not confirm that the Holocaust was a factual event, spurred the
legislature to now makes it mandatory for the Holocaust to be taught in all schools in Palm
Beach County. There was also the Homestead exemption, which is also a proposed
amendment to the State Constitution. Another bill would allow peer-to-peer support
between our First Responders without fear of reprisal from superiors. As you know,
suicide rates among First Responders is alarmingly high.
Representative Casello stated the insulin bill which would have capped the monthly cost
of insulin had one hearing died. It may take three four sessions to get something passed,
but they do come back. So, this is another one that I will be filing again.
Representative Casello co-sponsored the Palm Beach County fire rescue diesel exhaust
installation project. Announced the request for $75,000 for the Town Square enhanced
ADA pedestrian crossing was awarded to the City of Boynton Beach.
Commissioner Katz thanked Representatives Casello for coming out tonight. Indicated
he appreciate the great work he is doing in Tallahassee for the city as well as public
education and all the teachers.
Commissioner Romelus thanked Representative Casello for his efforts. Inquired if he
thought there would be a special session, or some type of appropriation. They signed a
petition to call for a special session. The governor does not want that to happen, because
the subject matter would be about unemployment. He indicated people cannot log onto
the unemployment website, they are frustrated and struggling.
Vice Mayor Penserga asked about the $315 million for COVID-19 funding. He asked
where these funds come from, he is concerned about housing trust and teacher pay.
Vice Mayor Penserga stated the money must come from some place. Representative
Casello said that everything will be on the table; they have $3 billion in State reserves
and the budget is based on sales tax. Representative Casello did not think the current
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COVID-19 allocation was enough. The Sadowski fund has over$350 million for affordable
housing, which may be tapped into. His biggest fear is the legislature will go after the
teacher's pay increase and the 3% pay raise for all State employees.
Vice Mayor Penserga knew there was a senate bill and house bill about capping insulin
costs. It is a massive financial burden. Representative Casello stated the bill never
received a hearing on the senate side. This bill could be refiled.
Mayor Grant asked if the Governor could change the budget without going back to
session. Representative Casello responded, yes.
Mayor Grant restated the governor can reduce certain appropriations without the
legislature's approval.
B. Proclaim the month of May as Guardian Ad Litem, Speak Up for Kids and
Foster Care Appreciation Month. Tonya Cajuste of Speak Up for Kids will
accept the proclamation.
Mayor Grant read the proclamation into the record.
Tonya Cajuste, Speak up For Kids, thanked the City for the proclamation. Noted there
are many children in Palm Beach County which are vulnerable.
Commissioner Romelus thanked Ms. Cajuste for the service she provides.
C. Proclaim May 2020 as Mental Health and Trauma Informed
Care Month. Gerda Klein of the Boynton Beach Mental Health Committee will
accept the Proclamation.
Mayor Grant read the proclamation into the record.
Gerda Klein, Boynton Beach Mental Health Committee, thanked all for the proclamation.
She expressed gratitude for the city's commitment to mental health awareness and
encouraged all to wear green and send a selfie on social media. Ms. Klein asked the
Commission to watch for a virtual presentation to promote good mental health. If ever
there was a time to promote it, the time was now. Noted Commissioner Hay is the
president of the Boynton Beach Mental Health Committee.
Commissioner Hay thanked the City for their continued support. Expressed the Boynton
Beach Mental Health Committee is doing great work and collaborates with several
organizations. He looks forward to the city for financial support of the Mental Health
program. Noted the Mental Health Committee is looking to do mini programs within the
churches. This is the time to look at mental health. Mayor Grant worked with the
committee regarding door hangers. Announced the 211-resource service is free.
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D. Proclaim May 3-9, 2020 as Municipal Clerks Week. Crystal Gibson, City Clerk
of Boynton Beach, will accept the Proclamation.
Mayor Grant read the proclamation into the record.
Crystal Gibson, City Clerk, thanked Mayor Grant for the proclamation and said she was
honored to be a public servant. She recognized all her staff, noted staff works very hard
and extended her appreciation to them.
Commissioner Hay stated over the years of being a Commissioner, he thought he knew
what to do regarding the last election, but Ms. Gibson always pointed him in the right
direction. Ms. Gibson was an angel and he gave her and her staff a shout out for the
patience they have with all the Commissioners. He thanked her for the recent election.
Mayor Grant and Commissioner Romelus also thanked Ms. Gibson.
E. Mary Lou Bedford, Chief Executive Officer of the Central Palm Beach County
Chamber of Commerce will present on member benefits Mary Lou Bedford,
Mary Lou Bedford, Chief Executive Officer of the Central Palm Beach County Chamber
of Commerce, explained that the Central Palm Beach County Chamber of Commerce is
a private, member-driven organization comprising of more than 600 business enterprises,
civic organizations, educational institutions, and individuals. The mission of the Chamber
of Commerce is to provide leadership that facilitates the creation of a prosperous regional
economy and effective advocacy for members. Investing in the Central Palm Beach
community through Chamber membership supports a program of work that includes
economic development, education and talent development, public policy, transportation
& infrastructure, and technology — as well as business attraction, retention, and
expansion. The Chamber also provides unique opportunities for business leaders to
influence civic, social, and business initiatives through our interaction with local
municipalities and communities in coverage area — 15 distinct entities encompassing over
36% of Palm Beach County.
Commissioner Hay asked about life after the Coronavirus.
Ms. Bedford stated the focus is helping with feeding; most churches are doing virtual
sermons. Provided contact website and email addresses: www.CPBchamber.com and
info@chamber.com.
Mayor Grant informed everyone that the City of Boynton Beach is also a member of Boca
Chamber of Commerce. Looking forward to help from the Chamber when this is over.
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F. The City Commission requested a presentation of the Town Square
Opportunity Fair hiring efforts and results.
Sophia Nelson of SA Nelson provided an overview on the Town Square Opportunity Job
Fair on February 14th. Their job was to plan, organize and execute the opportunity fair
and connect local job seekers with hiring managers. Their responsibility was the
marketing, community outreach and logistics of the event. The scope of the work did not
include direct hire or placement. There were 126 opportunity seekers at the event. There
were 37 members from a list of Boynton Strong members. There were 27 vendors. The
direct hiring companies were Builders Plus, Capital Carpet, Stafford electrical
contractors,- Forest Marines to Landscape Services to name a few. No self-identified
members of Boynton Beach Strong were hired. The number of opportunity seekers hired
were eight out of the 126 of those in attendance. Ms. Nelson stated her company
provided some value-added assistance and conducted two pre-meetings with Boynton
Strong at Carolyn Sims Center and conducted resume review and provided aftercare
support. They had two additional meetings after the job fair, which she took names and
starting tracking with direct hire companies. Reiterated there were eight people hired
from the event. Indicated lessons learned; there were some skill set deficits. The local
group needed training and skill enhancement. They hired four subcontractors.
Charisma Adams stated they connected the job seekers with the vendors. All the
vendors accepted applications on the day of the event, but SA Nelson staff did not review
the application prior to the opportunity fair.
Michael Corbet of Career Source stated this was a well-organized event. There were
several applicants.
Commissioner Katz thanked Sophia Nelson and all involved in the Town Square
opportunity job fair. The job fair is an opportunity and not a guarantee; people show up
and fulfill basic qualifications. He encourages the applicants to continue pursuing
employment.
Commissioner Hay commended the group for their efforts. Requested clarification on the
deficit of the skill sets the direct hire companies were looking for. He noticed very few
general laborer positions were available.
Ms. Adams stated one of the areas of interest was heavy equipment operators. Many of
the individuals that came in from that group identified as a laborer. There were very few
opportunities for general labor.
Commissioner Romelus had no questions.
Vice Mayor Penserga inquired when applicants apply and are not hired, are they given a
reason as to why they were not hired. Ms. Adams stated calls were made and the people
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did not return the call, or it was the wrong number. They know people did not respond to
calls that were made.
Mayor Grant stated this job fair was a failure. There were 127 applicants and only eight
were hired. Mayor Grant stated the Commission failed the residents, because they did
not place in contract that it expected people to get hired. Help is needed from staff and
maybe SA Nelson. This is a very sad thing; the City spends millions of dollars which has
not remained in the City. Any future project must have some type of mandate regarding
hiring day laborers. There was and is a disconnect with the community.
Ms. Nelson stated the training component was missing. She agreed this opportunity was
a failure, because of the training component. There is a skill deficit in the City of Boynton
Beach. She reiterated eight people were hired. Ms. Nelson disagreed and stated many
sub-contractors were hired.
Mayor Grant stated if there is no proof, it does not count. Ms. Adams replied she would
give a listing of the sub-contractors to David Scott.
Ms. LaVerriere stated the skill set is what needs to be addressed, through the building
wealth in the community. Provide a series of training sessions, such as how to find a job
and how to create a resume to name a few. Staff will work on developing those programs.
Commissioner Katz stated he was open to a discussion to try to improve the outcome of
future job fairs. Commissioner Katz noted the CRA discussed training opportunities and
partnerships, but there were some issues to be worked out. Commissioner Katz stated it
is not feasible to hire unskilled workers for skilled work. His solution is finding a way to
train people before they apply for positions.
Mayor Grant discussed trade unions. Trade unions provide their own training. This may
increase the cost of a project, but the Commission should consider this option.
Commissioner Katz said trade unions have apprenticeship programs and will make sure
the participant makes a living wage. There is an ordinance, which mandates a percentage
of worksites needs to have trained apprentices. This would force the city to hire people
in the apprenticeship program. He favored looking at that on the CRA side because they
have funds explicitly for that purpose.
David Scott, Economic Director, indicated he would look at opportunities to provide
educational grants and training.
G. Mega Food Distribution Feeding South Florida
Vice Mayor Penserga announced every Thursday from 9am to 11am in partnership with
Feeding South Florida at the Boynton Beach Mall, at Christ fellowship Church, there is a
food distribution. This week the event will be on Saturday, from 9am to 11am at Boynton
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Beach Mall. Announced this event will feed 5,000 families. He thanked all for making it
possible and he asked for volunteers.
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)
Tory Orr, 407 NE 17th Avenue, Apt 101, said he wanted to talk about the job fair, where
140 people came out, but only eight people were hired. He said that Ms. Nelson stated
they do not need laborers; he walked over to the site and he saw laborers with shovels in
their hand. No one called him. He said he was a skilled labor. This is about the entire
Boynton Beach, not only Boynton Strong. Mr. Orr stated when SA Nelson came to the
Carolyn Sims Center, Ms. Nelson guaranteed jobs to the people, not an opportunity for a
job. He has several people who can back him up. There were no telephone calls made.
He indicated the telephone is on and he is waiting for a call for a job. He would like to
have a listing of the people who were called which did not answer the telephone or the
telephone was disconnected. Indicated Boynton Strong feeds people all week long and
they were disrespected today.
Mayor Grant stated this opportunity fair was a failure. The vendors were looking for skilled
laborers, not day laborers.
Seeing no other hands raised, Mayor Grant closed Public Audience.
5. ADMINISTRATIVE
A. Appoint eligible members of the community to serve in vacant positions on
City advisory boards.
The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (N/V
Stu) openings exist:
Building Board of Adjustment and Appeals
Education and Youth Advisory Board
Historic Resources Preservation Board
Library Board
Recreation and Parks
Senior Advisory Board
Mayor Grant announced openings for each Board.
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Motion
Mayor Grant nominated Thomas Ramiccio to the Historic Resources Preservation Board
(Reg). Vice Mayor Penserga seconded the motion, which 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
Mayor Grant would like to pull item B (#11)
A. 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 05, 2020- "Request for Extensions and/or Piggybacks."
B. Accept the written report to the Commission for purchases over$10,000 for the month
of March 2020.
Mayor Grant stated this was for the purchase of radar control speed signs. He thanked
the City Engineer and the Public Works Department. This is a traffic calming method and
he hoped to place additional signs around Boynton Beach.
Motion
Vice Mayor Penserga moved to approve. Commissioner Hay seconded the motion, which
passed unanimously.
C. Accept second quarter report on operations of the Schoolhouse Children's
Museum and Learning Center for FY 19/20.
D. Proposed Resolution No. R20-033 - Authorize the Mayor to sign FPL easement
forms for new street lighting associated with the Town Square project.
E. Piggy-Back the Palm Beach County School District Contract#20C-21T for the
extension period of the contract which expires on December 31, 2024
and approve an annual blanket for Precision Air Systems, Inc. of Wellington,
Florida for an additional amount of$60,000.00, (total annual expenditure
$140,000.00). This is for air conditioning repairs/services and preventative
maintenance needed at various City Buildings. The Palm Beach County School
Board's bid process satisfies the City's competitive bid requirements.
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F. Proposed Resolution No. R20-034 -Authorize Mayor to sign a grant
participation and reimbursement agreement between Virgin Trains USA Florida
LLC and the City of Boynton Beach for the construction of supplemental safety
improvements at two (2) railroad crossings and contribute $27,131.93 (20% local
match) to partially fund these improvements.
G. Proposed Resolution No, R20-035 - Approve and authorize the Mayor to
sign an Interlocal Agreement between the City of Boynton Beach and the
Quantum Park Overlay Development District (QPODD) for enhanced
maintenance services.
H. Approve minutes from the City Commission meeting on April 21 , 2020.
Motion
Commissioner Hay moved to approve the remainder of the Consent Agenda as amended.
Vice Mayor Penserga seconded the motion, which unanimously passed.
7. BIDS AND PURCHASES OVER $100,000
Vice Mayor Penserga pulled item 7-A
A. Proposed Resolution No. R20-036 - Approve piggybacking and authorize
the City Manager to sign a Contract, in accordance with the terms &
conditions of The City of Pompano Beach Community Redevelopment
Agency Unarmed Roving Security Guard Contract; placed in accordance with
RFP P-15-19 issued on 02/28/2019, approved for award by Resolution No.
2019-35 on 06/18/2019, and fully executed and notarized 06/25/2019 for an
annual estimated amount of $125,000 not to exceed $150,000. Contract is for
a period of three (3) years, with 2 years remaining with an option to renew for
two (2) one-year terms for a total $500,000 estimated amount over the total
potential four-year term of the agreement.
Vice Mayor Penserga asked about the nature of these jobs; they are part roving security
and welcoming team. How many roving securities would be needed and the qualifications
involved?
Police Chief Gregory noted last summer the Commission asked for a presentation for a
security plan in Town Square and Greater Downtown. They had discussed an
ambassador plan with main core being corridor of Town Square and City Hall. Indicated
Pompano Beach and Miami Dade County uses this program. This service was more
aesthetically pleasing than a traditional armed guard.
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Vice Mayor Penserga indicated he was not sure why these services were needed. It
would seem these services could be offered via the Police Department. Could we hire
our own ambassador? What is the upside by not doing this in-house?
Chief Gregory responded the City could begin tomorrow with the vendor versus the City
hiring and training ambassadors. The city needs to establish and fund the positions. He
was not sure of the City's time frame to advertise, interview, background check would
take longer. He explained with a third-party vendor the city would have the ability to scale
the contract to the city's needs. This is a milder, gentler face. Using ambassadors, the
City could pay for only what is needed. They need to create high visibility so people will
come to the new Town Square and take advantage of the amenities and activities. Guard
service ambassador program will supplement police service. There will be security at the
City Commission meeting chambers. Utilizing those services would lower cost for the
Police Department. The rovers are professionally trained and licensed with their own
insurance. This gives the city the ability to start small and grow and the opportunity to
evaluate the future needs of the city.
Vice Mayor Penserga, asked how many people the department is looking to hire.
Chief Gregory stated they were looking more at the hours of the personnel. He indicated
he would have those numbers for the Commission tomorrow.
Vice Mayor Penserga stated the Town Square is not going to be ready tomorrow, the city
does not need this service now. What is the nature of the contract? Is it possible for
some local people to be hired? Chief Gregory stated the city would hire a contractor, like
crossing guard contractors. They will submit time sheets and paid based on time sheets,
but there will be a maximum hour not to be exceed.
Commissioner Romelus thanked the Chief and Ms. LaVerriere for their foresight and
trying to do something, which is cost effective. The City wants to make sure the residents
and visitors feel safe.
Mayor Grant asked if the CRA would reimburse the city for the security guard services.
Chief Gregory commented they could review that opportunity. Indicated this could be
done if it was strictly a CRA function.
Mayor Grant stated there are certain high crime areas in the city, inquired if the rovers
would be used in those areas as well. Chief Gregory responded they would use the
regular police. The Rovers would be used for non-violent disturbances and quality of life
issues.
Mayor Grant understood the benefit of a third-party vendor, but he would like to see about
hiring some Community Service Officers so the city can patrol itself.
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Commissioner Romelus indicated she was not onboard for the CRA paying for additional
services. Mayor Grant expressed the CRA could hire their own security for pirate fest.
He thought if the city had its own contract, it would be beneficial to all.
Motion
Vice Mayor Penserga moved to approve, Commissioner Hay seconded the motion. The
motion unanimously passed.
B. Approve the one-year extension for RFPs/Bids and/ or piggy-backs for the
procurement of services and/or commodities over $100,000 as described in
the written report for May 05, 2020- "Request for Extensions and/or
Piggybacks."
C. Proposed Resolution No. R20-037 - Approve Award of Bid No. 012-2511-
20/EM for HVAC Maintenance and Mechanical Services and authorize the
City Manager to sign a contract with A-1 Air Solution, LLC, 849 SW 20th Ave.,
Okeechobee, Florida 34974 as the lowest, most responsive, responsible
bidder for an annual estimated amount of$150,000 for a period of three (3)
years, with an option to renew for three (3) one-year terms for a total
$900,000 estimated amount over the total potential term of the agreement.
D. Approve Task Order UT-1B-01 with Carollo Engineers in the amount of
$189,512.00 for the design, permitting, bidding, and construction support
services for the Silverwood Area Force Main project in accordance with RFQ
No. 046-2821-17/TP, General Consulting Services Contract, Scope Category
B awarded by City Commission on August 7, 2018.
E. Proposed Resolution No. R20-038 - Approve and authorize the City
Manager to sign Amendment No. 2 to the Developer's Agreement with
Knuckles, LLC for the construction of sanitary sewer and lift station wet well
improvements for the Taco Bell project located at 2319 Federal Highway.
Motion
Commissioner Romelus moved to approve the Consent Agenda for items over $100,000
as amended. Commissioner Hay seconded the motion which passed unanimously.
8. PUBLIC HEARING
6 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.
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A. Proposed Ordinance No. 20-005 - First Reading - Approve 7-Eleven 101 W.
Woolbright Rd, amending Future Land Use Map from Low Density Residential
(LDR) and Medium Density Residential (MDR) to Local Retail Commercial
(LRC).
Mayor Grant noted that individuals have written in, and there are others, which would like
to speak on this item. Mayor Grant stated the applicant would speak, then the
Commission would be allowed to ask questions. The audience would be given an
opportunity to speak on the item.
Brian Seymour indicated as a point of clarification, there may be a need to cross-
examine the intervener based on information received today.
Mayor Grant stated yes.
Attorney Cherof read the proposed Ordinance No. 20-005 into the record by title only on
first reading. Attorney Cherof stated there are four items involved in this matter, the first
is an amendment to the future land use is a legislative matter, there are three quasi-
judicial matters; rezoning of the property, the Conditional Use and Major Site Plan
Modification. He swore in all who wished to testify.
Mayor Grant requested to combine both items.
Brian Seymour explained he is an attorney at Gunster Law Firm, speaking on behalf of
the applicant. Mr. Seymour introduced Brandon Wolfe who is with 7-Eleven and is a real
estate expert; he works on acquisition and evaluation of sites for 7-Eleven. Shane Laakso
with Creighton construction and development planner, Neil Campbell, who is an
environmental specialist and Josh Long, project planner, AIPP certified planner and have
submitted resumes. Mr. Seymour stated the item tonight is the rezoning, conditional use
and modification of the 7-Eleven store and adding a gas sales portion on the front of
Woolbright and Seacrest. Indicated each element of the code has been addressed and
provided to the Commission for their review.
Josh Long, Project Planner with 7-Eleven, stated there has been a convenience store
on this site for the past 60 years. Palm Beach County traffic is requiring a 30 feet right-
of-way dedication. The 7-Eleven plans to upgrade the entire site with a new modern
convenience store and gasoline station. A neighborhood outreach meeting was held at
the First Presbyterian Church on February 19, 2020. Letters were mailed to neighbors.
He indicated at the meeting, 25 residents were in attendance and the majority were in
support of the project. Mr. Long stated he received a letter of support from the Forest
Park Neighborhood Association in support of the project.
Mr. long provided aerial photos and site plans of the current locations. Indicated there
were not plants or foliage currently on the site. Currently the site has an unsafe ingress
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and egress. There are poorly designed travel lanes. There is no landscaping and no
dumpster enclosure. Mr. Long explained the curb cuts are very unsafe for pedestrians or
drivers.
Mr. Long wanted to update the Commission and the neighbors as to why 7-Eleven
decided to upgrade its store. He stated there is a new model for convenience stores,
which would provide fresh food, salads and gourmet coffee. The store functions more as
a neighborhood market, not just a convenience store. 7-Eleven is changing and updating
their store. Mr. Long stated the store provides enhanced sustainability even though the
building is small and is not a requirement.
A rendering was provided of the before and after of the site. Mr. Long stated the
neighborhood could be proud of the upgrades to the neighborhood convenience store.
This could be the catalyst for other redevelopment in the area. 7-Eleven is proud to have
been in this neighborhood for the past decade and continue to serve the community. The
parent store came in knowing they would go above and beyond what was expected and
to contribute to the community and the city. Mr. Long stated he has worked with staff to
add multiple layers of landscaping, with flowering trees and plants to attract butterflies.
The building is a four-sided architecture structure, most commercial buildings have no
architecture on the rear of the building, they may have architecture facing the street, but
not on the sides or the back of the property. This building was design because 7-Eleven
understand the importance of building for the neighborhood and knew that the building
itself is going to serve as a buffer for the neighborhood, Woolbright and the gas pumps. As
the site is developed 7-Eleven wanted to ensure the building aesthetically pleasing and
have architecture that you would believe would be a front facade of a building if you were
walking. Also provide three layers of landscaping to enhance the buffering of the store
and the gasoline station because each layer represents another layer of buffering. Mr.
Long explained there are small shrubs which would buffer and a larger canopy trees and
Palms that take up the 72 inches to the above to the top of the roof and the parapet. The
existing building is only 20 feet high. Indicated this was below the maximum allowed in
the City of Boynton Beach code and much of the height in the building is the parapets.
The low walls around the building conceals the air conditioners or other equipment from
the street view.
Mr. Long indicated they are directly next to another gas station, which shows the older
model of gas and convenience stores in what the new model of gas station convenience
stores. 7-Eleven would provide this neighborhood one of the new models the new cutting-
edge type of gas and convenience stores.
A slide was shown of Boynton Beach Development patterns for gas stations with
convenience stores within a residential area was shown. The Chevron station at W.
Boynton Beach and NW 7th street and the Marathon station at W. Boynton Beach Blvd.
and NW 2nd. Provided five examples of the convenience and gas stations within a
residential area
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Mr. Long stated that at the beginning of the presentation, he showed the ingress and
egress pattern for the existing site constraints. The proposed intersection for Woolbright
is 151 feet from the corner, whereas Seacrest is now 115 feet, which is a dramatic
improvement. Residents are not walking along the actual street as you can see the
stacking is internal. People no longer are required to back out into traffic. There is also
circulation around the pumps. All code required parking has been met. There will be 37
canopy trees and 19 medium sized trees, over 1,100 butterfly-attracting plants.
Provided the FLU map amendment and rezoning, Mr. Long indicated the application
complies with LDR, Chapter 2, Article II, Section 2-B and 2-D-3. The demonstration of
need, consistency, land use pattern, sustainability, availability of public services,
infrastructure, compatibility, economic development impact, commercial land supply
alternative sites were shown. There are new projects coming into the area such as
Riverwalk Plaza, Town Square and the potential expansion of Bethesda hospital, the
Palm Beach County a long-range transportation plan show increased capacity and
increase annual growth in the area. The project is consistent with your Future Land Use
Amendment and rezoning standards, particularly objective 1.78, which deals with the
city's pursuit of Economic Development policy 1.77, which deals with creating jobs
contributing to the tax base and 1.76 limits the conversion of existing commercial land
uses to other land use. The current zoning land use patterns require commercial lots with
over 200 plus feet of depth to accommodate.
The 7-Eleven is providing a Palm Tran bus stop and has already gotten the confirmation
from Palm Tran. They will be providing a 10'x30' structure bus stop on their site. This
would help with the city sustainability efforts. Also, the project itself is utilizing LED lighting
for the landscaping. The 7-Eleven has butterfly-attracting trees. The amount of shade
trees is going to reduce the heat island.
The flat roof would be painted white. Utilizing cool colors for the body of the
building. Providing all sod and landscaping is going to be a hundred percent coverage
with a hundred percent overlap from automatic irrigation. The new convenience stores
are much more energy efficient than the older stores. Currently the subject property does
not have safe functioning primary points of ingress and egress is shown several times on
the images. The driveway on Seacrest serves as the sidewalk and serves as the back
out lane for Seacrest. The code requirements for distance operation for driveways. The
applicant is providing all the required off-street parking for 14 parking spaces and loading
space will meet the code requirements. The site for the dumpsters has been proposed in
the northwest corner of the property which is compatible with the development patterns
of the other gas and convenience stores in the city. The landscape has been designed
with an emphasis on screening aesthetics, and sustainability throughout with the use of
dense drought tolerant plants. This complies with the city's requirements and the buffer
has been designed with a 6-foot tall decorative wall with a variety of landscaping shrubs.
Staff had some conditions which 7-Eleven has agreed. The conditions are that at time of
inspection if the Landscaping is not doing the proper job of buffering, applicant has agreed
to add more landscaping, and install more mature species of trees.
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The applicants are planning to enhance the proposed photometric plan that provides light
poles with LED lighting. The designs and the light levels comply with the code
requirements. The proposed site plan complies with all code required setbacks. The
property provides commercial retail services. Indicated the compatibility of adjacent
properties impact of gas stations is less impactful than some other potential uses such as
group homes, independent carwashes, restaurants, theaters or radio and TV
broadcasting. It is important to note that 7-Eleven has agreed to do a self-imposed
condition of approval to limit alcohol sales so that they do not occur between 2 a.m. and
6 a.m. and so with the overall economic effects of the property, the proposed convenience
store gas station uses enhance nearby properties. Mr. Long stated the project would not
create any smoke odor fumes or toxic matters that would create a negative impact on
neighboring properties. He continued to say fuel stations are subject to Federal and State
safety standards, which provide protections to the surrounding area. The proposed dense
landscaping of trees and hedges around the perimeter property should be enough to
prevent noise associated with the operations of the gas station and convenience store.
Brian Seymour said, as stated earlier by Attorney Cherof, there are four items associated
with the site plan. Mr. Long provided a summary of facts, which meets all the relevant
code requirements. This is going to be a significant enhancement to the community and
the entire corridor. It is the beginning of the future. Staff has recommended approval of
the application. Hopefully this is a catalyst event to upgrade the entire corridor. He
requested to respond to any neighbors or the intervener.
Board questions:
Commissioner Katz deferred to other Commissioners.
Commissioner Hay inquired about the height of the wall on the north side of the building.
Mr. Josh Long responded the wall would be 6 feet tall.
Commissioner Hay inquired which side of the road would Palm Tran bus stop. Mr. Long
replied on Seacrest.
Commission Hay asked about the condition of approval at final inspection. Asked who
was responsible to determine whether the applicant complied. Mr. Long stated the
condition would be final inspection. The applicant would acquire a landscape permit and
it must be inspected. At time of inspection is when it would occur because they will be
waiting for the Certificate of Occupancy until they close out the permits. They will ensure
all requirements of the city are met.
Commissioner Romelus wanted to hear public input.
Vice Mayor Penserga noted having security cameras was important and the city is
building a real time crime center and it is important to access footage immediately. He
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asked if they would cooperate and learned they would. Mr. Seymour stated 7-Eleven is
committed to security and their lighting and security system result in low crime rate.
Vice Mayor Penserga asked about the proposed storage tanks and there was a concern
the tanks were unsafe. What assurance can be given Mr. Long explained it is a critical
issue. He requested Neil Campbell to respond, but that tanks meet all the standards and
have monitors and safety features.
Neil Campbell stated he had previously been sworn-in. Over the last 20 years, Florida
upgraded the procedures to ensure tanks and systems do not have issues. The State of
Florida has spent millions of dollars cleaning up leaking tanks. The current ones are
double fiberglass, have monitoring and audible and electronic alarms if tanks are
overfilled. There is constant monitoring that is checked by Palm Beach County and
independent contractors visit the stores every month to monitor the tanks.
Vice Mayor Penserga noted there is a gas station across the street. Asked what the
differences are between the 7-Eleven station and the gas station across the street from
them. Mr. Campbell responded all gas stations are monitored.
Mayor Grant inquired about the litter receptacles near the bus stop. He noted there is
trash and not enough receptacles and he requested one be provided. Mr. Long agreed.
The outdoor receptables are outside the door.
Mayor Grant stated the presentation was very informative. Stated the gas pumps were
not shown. He also sent an email to the Police Chief regarding crashes at that
intersection.
Chief Gregory explained the number of crashes at this site by year: 2015 there were 4
crashes, 2016 there were 8 crashes, 2017 there were 9 crashes, 2018 was one and last
year was none. As for crime, 2016 — (10), 2017 (8,) 2018 (14), 2019 had 11 , in 2020
there were 3.
Mayor Grant opened public comment:
Attorney Cherof noted under the quasi-judicial process, Mr. Schiller could cross examine
any witnesses.
Trevor Rosecrans, 703 SW 4th Avenue, said he has been on the Planning and
Development Board for the past 5 years. The gas station design is beautiful but the
location stinks. The EPA classifies benzene as carcinogen. Benzene increases the risk
of developing Leukemia and blood disorders. What was presented show a pump island
with residential boundary within 44 feet, the northwest vent less than 15 feet from western
boundary and 65 feet from the northwest residential boundary. He agreed 7-Eleven
needs an upgrade, but there are children nearby. The city should consider the serious
risk of having benzene so close by.
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Matthew Marzelono, 122 SW 14th Ave., commented his house is 50 feet from the project
and he was also concerned about benzene. He understood the building met the
standards from 60 years ago. These places are basic homes and not a gated community.
There is a 200-foot setback for gas stations, because they determined it is not safe to put
them adjacent to residential neighborhoods. He did not think this should be ignored. His
concern was for the safety of the tank. When the tank is filled, the benzene vents.
Benzene levels have been measured at up to 525 feet away. The setback regulations
were 10 times off. It has been proven that benzene causes leukemia and other blood
diseases. There are some benefits to the community but trading the health and well-
being for a group of residents for the beautification and convenience is not a trade he
would make. The World Health Organization says no acceptable level of benzene.
Stated 90% of the presentation was for the convenience store, which is what he showed
to the neighborhood association. He did not say he approved and even if 25 people did,
that is not the entire community. He was unaware of the bus stop being installed; this
was another issue. Indicated his house is directly adjacent to his property, and he would
inhale their vapors on a 24-hour basis. Gas station clerks had increased causes of cancer
and other health issues, he will be at home 24 hours a day, 7 days a week for 365 days
of the year. He is not against commercial development or rezoning, but an additional gas
station and roll back standards to 60-year-old levels is not a reasonable compromise for
people in any neighborhood.
Susan Oyer, 140 SE 27th Way, was sworn in, stated she grew up in this neighborhood.
She currently sits on the Planning and Development Board. The building design and
landscape are beautiful. Remodeling 7-Eleven is fabulous. The neighborhood does not
want the gas station. She wants it remodeled but they do not need another gas station.
Shell is across the street; it was always empty. There are two more gas stations within a
mile and one on the other side of 1-95, which is the racetrack and Wawa opening soon,
but there is a need to remodel the 7-Eleven. She objected to encroachment into a
residential neighborhood. It was residential for 60 years and it should stay that way,
people complain about speeding. The residents want the remodel but not the gas station.
Ally Pugh, 111 SE 11th Ave, Forest Park, was sworn in. She is a resident of Forest Park,
and health and welfare are paramount. She supported the 7-Eleven being there. It is an
eyesore, but it does not demonstrate what the neighborhood is striving to become. They
bought there due to downtown Boynton being upgraded and the neighborhoods would be
upgraded and with that comes development and growth. She does not go to that 7-Eleven
because it is not a comfortable feeling and she was a victim of crime. People do not go
to the shell station because it is price gauged in the area. Last year there was a shooting,
and these are not things the residents want. She has concerns, but would like to move
forward with the project to upgrade the neighborhood
Assad Alamon, 2655 SW 43 Cranbrook Drive, was sworn in. He said he agreed with
Matthew regarding the objections. Underground storage tanks inspected 3999 and 53%
complied and 47 % were out of compliance. That means there is a discharge of fuel and
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gasoline, he did not think 7-Eleven needs to expand due to the vent issue. It is not an
option to have gas station 10 feet from houses with gas fumes and air quality has been
compromised. In Palm Beach County from 2019 until May 5, 2020, 264 violations were
at gas stations. There is spillage, fumes and gas discharges. Do not change the zoning
of existing residential area. He agreed with 7-Eleven store improvements. Every 7-
Eleven sells the same things - they sell food and sandwiches. He asked how many gas
stations can you have in a 1 .5-mile radius? There are homeless people around the store.
Salmon Rivalla 7411 Champagne Place, was sworn in. This is not about opposing 7-
Eleven, only the impact on the community. The opposition is related to the environmental
impact. His concern is the traffic flow, not just cars with the ingress and egress, but the
foot traffic. The applicant had spoken about security measures, but it does not stop crime.
He is worrying about crime in the businesses. There are already several gas station in
the area. Think about the impact to the environment, the economy and our children.
Bill DeVries, 130 SW 13th Avenue, was sworn in. He said he emailed all the
Commissionersl. Stated 7-Eleven was vital to the area. There are so many restaurants,
and fruit stand and many, many gas stations, they do not need another gas station. He
does not think 7-Eleven would renovate without the gas station. There is an aquifer and
there is a water treatment plant next to the store. He did not realize about the fumes,
presentation looked good but did not show the homes on 14th. As a resident, he stated
this was not a good idea. Asked what the Commissioners would do if they lived there.
Neil Schiller was the intervener and he provided a presentation with Saul Ewing Armstein
and Lehr, 515 N. Flagler Drive Suite 1,400, WPB representing Azan Energy LLC. On
behalf of his client he opposed all applications filed. He reviewed a detailed presentation
as included in the meeting materials and asserted the project was incompatible with the
surrounding community, environmental impacts and the project did not meet the code.
His client has requested the City Commission to vote no on the following applications:
The Land Use Plan amendment 20-005. Rezoning 20-006, the conditional Use and the
Mayor Site plan Modification 20-002. The proposed gas station does not fit in with the
neighborhood due to the lack of buffering, and the environmental impacts. The decrease
in property values and the decrease in quality of life to the residents of the Forest Park
neighborhood. Mr. Schiller noted the Planning and Zoning Board recommended denial
of the application on February 25, 2020. The gas station was a point of major concern
for the residents and members of the zoning board. The adjacent neighbors, single family
and commercial property owners opposed the gas station. Applicant has the the burden
of proof to meet the criteria in the Code. Any decision by the Commission must be made
based on competent, substantial evidence not just a "gut feeling".
The Site plan has 5-foot monuments plans, which did not make into the applicant
presentation. the propane and CO2 tanks are located closest to the residents, 20 feet from
the property line. Provided an aerial of the property.
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The Land Use Plan Amendment which is being sought. The request low density (LDR)
and Medium Density (MDR) residential to local retail commercial (LRC). Mr. Schiller
stated one of the criteria was for the demonstration of need. The demonstration of need
may be based upon changing conditions that represent a demand for the proposed land
use.
The staff report fails to substantiate need for FLU. The generic data is from a market
monitor, which was not in Florida. No data to support the area population growth. No
data supporting the need for additional LRC. Property owner is compensated for the 30
feet Right-of-Way.
Mr. Schiller stated there are 7 gas stations in the area within a mile of each other.
Indicated there is no market need for more gas stations, based on the preliminary analysis
of the needs for additional gas stations within the market area of the 7-Eleven proposed
for 101 W. Woolbright Road.
Consistency whether the proposed Future Land Use Map (FLUM) amendment and
rezoning would be consistent with the purpose and intent of and promote the applicable
Comprehensive Plan policies. Development Plans and Land Development Regulations.
Staff reports fails to cite how LRC would be consistent with the Comprehensive Plan.
Land Use Pattern, which is the criteria for the LUPA 20-2005. Whether the proposed
Future Land Use Map amendment and rezoning would be contrary to the established
Land Use pattern, or would create an isolated zoning district or an isolated land use
classification unrelated to adjacent and nearby classification or would constitute a grant
of special privilege to an individual property owner as contrasted with the protection of
the public welfare. This factor is not intended to exclude FLUM reclassification and
rezoning that would result in more desirable and sustainable growth for the community.
Contrary to the existing land use pattern, the intrusion into the residential is not present
in the area. The MDR was established as a transition to the buffer and the impacts of
commercial uses. Evidence all over the City and North on Seacrest approaching Boynton
Beach Boulevard. Destroying the pattern and buffer will begin to destroy the
neighborhood and set a dangerous precedent that no neighborhood is safe from
commercial intrusion.
Provided some uses allowed in LCR, indicated these were not as intense of gas station.
Provided a Future Land Use Map for the Commission to review.
Sustainability, whether the proposed Future Land Use Map amendment (FLUM) and
rezoning would support the integrations of a mix of land uses consistent with the Smart
Growth or sustainability initiatives with an emphasis on complementary land uses, access
to alternative modes of transportation and interconnectivity when the project and between
adjacent property.
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He said the staff report failed to demonstrate sustainability, to support the integrations of
land uses the proposed pedestrian access is being removed. There is no proposed
charging station; Mr. Schiller stated Florida has the second largest electric car registration
in the United States.
Mr. Schiller stated the applicant claims that there will be no negative impact to the
surrounding properties is unfounded. There are numerous examples of the impact, which
have been proven, negative environmental impacts, property value decrease. No proven
need for an additional gas station in the area or city.
He stated, in conclusion, the Right-of-Way taking did not require the applicant to purchase
the two northern parcels to redevelop the store. The gas station does not fit in and is not
compatible with the neighborhood. This is a complete disregard for the neighborhood.
Add two 24/7 operations occurring at the same time with multiple deliveries. Location of
the NW monument sign include into the neighborhood. The height of the building and the
gas canopy are taller than the trees. Environmental issues with gas vapors spreading to
other properties. Property values decline and increase in potentially dangerous crime.
This sets a dangerous precedence that the residential neighborhoods will be opened to
commercial development.
Mayor Grant requested a 10-minute break at 9:20 p.m.
There was a consensus.
Mayor Grant reconvened the meeting at 9:31 p.m.
Mayor Grant asked if Mr. Schiller wanted to cross-examine the applicant. Mr. Schiller
said he would not cross-examine the applicant.
Mayor Grant noted part of the presentation, comparable sales difference. But there were
1,000 sf improvements on the property that could be adjusted for the difference. Mayor
Grant asked who his client was and what does his client do and for how long?
Mr. Schiller replied his client owns the gas station across the street from the proposed 7-
Eleven. He has owned the gas station for about three or four years. They are in the
business of operating gas stations.
Mayor Grant stated your client business also releases vapors into the Forest Park
neighborhood. Mr. Schiller stated they produced gas station, stated there would be
another gas station, but the issue is there is another gas station next to residential. Just
because there is an existing gas station is not a license to have another one across the
street.
No further questions from the Commission.
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Mr. Seymour asked what was the State regulation being cited regarding having
generators on site. Mr. Schiller stated he provides arguments and is not subject to cross-
examination. He was not required to answer. Mr. Seymour asked if everything, which
was presented was for argument and not facts. Mr. Schiller stated there are facts within
the presentation. He asked if he could answer any questions about anything, as
presented in the PowerPoint. Mr. Schiller stated not under cross examination. Mr.
Seymour asked the entire presentation to be stricken as he cannot answer questions on
the evidence he presented.
Attorney Cherof explained someone who is not testifying cannot be cross examined.
Mayor Grant asked if the presentation was argumentative and not evidence based.
Attorney Cherof replied this is correct.
Mr. Schiller explained when putting on a case in opposing a development, they do not
have the burden to produce facts, they point out where the applicant does not meet criteria
and present facts. The facts in the presentation are documented and verified from the
application and from staff reports and information on websites.
Mayor Grant stated this was quasi-judicial. All who spoke were sworn in. Mayor Grant
suggested asking questions with a number that Mr. Seymour asked, and Schiller can
respond. They can present information that contradicts and supports.
Mr. Seymour asked: 1. What regulation did you site when you said State regulations
require generators at all gas stations? 2. Is there a generator at his client property. Is his
client in compliance? 3. Gas stations in the study cause environmental hazards and
environmental impacts of benzene, how much damage has Mr. Schiller client done to the
adjacent residential property, which is not buffered from the fueling facilities? 4.
Dumpster was only 20 feet from neighboring residential, how far is your client's dumpster
and without being covered it would draw rodents, if your client's dumpster is uncovered
how many rodents it has attracted? 5. Relative to the photometric plans, where you aware
it exceeds code requirement? 6. What is the foot candle from the adjacent residential
property?
Mr. Schiller's response to question number 1. Where in Florida law is the generator
requirement? Chapter 526.1434 access to back up generators. 2. He did not know if his
client has a back-up generator but likely would have access to one, because they run gas
stations. 3. Indicated his client has not provided that information. He cited environmental
impacts; how much damage has the shell done based on environmental impacts. He
noted the Shell station is not on trial. The Shell station is code compliant, has been
compliant and has been relatively violation free, but it is not the Shell station that is at
issue, it is the new gas station. 4. They have an uncovered dumpster, but they are not a
larger convenience store that will have fresh food and it is not apples to apples. Same
thing with the covered dumpster. Common knowledge is that dumpsters attract rodents.
He was not aware the photometric plan exceeds code requirement, but what he read on
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the plan there were several inconsistencies that does not make sense to him as a lay
person. 6. Indicated about the foot candles, and most of them are zero, but he also
mentioned there are places on photo metric plan sign with monument signs but no
mention of the monument signs reading. 5. He did not know if the photometric plan was
accurate.
Mr. Seymour believed Mr. Schiller's concern is for his client is competition, it says access
and he can testify they have access to generator and are compliant with State law. The
issue of benzene in the study, there is no actual data to support what he asserts in this
neighborhood and this place. Shell has been there for many years without any problem
with benzene. Nobody said they would be cooking on site; fresh food is delivered on site.
The foot-candle point, he does not think the photometric plan is wrong, but pointed out
things that have nothing to do with the project because there is no impact at the property
line. The basic premise is the competition, and it is better for the neighborhood. One
caller called the Shell as a price gouger and Mr. Schiller said there is no need for an
additional gas station. Mr. Long as an expert, spoke about what is coming and where the
need for it and there is compete substantial evidence. There is no evidence a 1974 sale
which was likely vacant property, those are not comparable in any way nor is he
competent to testify. The staff report had other elements, which was not mentioned. Mr.
Schiller argued other uses are less impactful, and Mr. Long spoke about other uses that
are more impactful. There are 14 additional trips as a result of this impact. The new
community amenity with lower cost of gas would be concerning to the Shell across the
street, but the code does not. The job is not to decide on whether there should or should
not be competition. Benzene issue came up a lot and he understand the concern. 7-
Eleven is code complaint and has a good safety record. Mr. Schiller missed the boat and
does not give information and does not understand how the vent works.
Neil Campbell, 729 NW 155th Street, Miami Lakes, stated he was sworn in. He worked
in the petroleum industry with compliance and permitting for installation, repairs
assessment and remediation. He had no professional license. The studies quoted may
not have been on gas stations, the records he saw were laboratory testing, head space
analysis and controlled environment, the conditions are not the same. In Florida, there
was a time when there was an accordion in the gas tanks, they connect another hose to
the vent line and put it back to the tanker. When the fuel is dropped, the vapor or air
above the base is put back into the tanker. The vents into the tank, when a customer
pumps cannot pump on a closed system. It allows air when the vacuum is high enough,
that does not exist with underground storage tanks and there is water. The experiments
on benzene had worse affects when heated up to 104 degrees. State of Florida has
passed a law. The equipment is required by law.
Mayor Grant stated there were 18 online comments regarding the purposed ordinances.
Asked if he was required to read them into the record.
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Attorney Cherof responded the Mayor was not required to read the comments into the
record but must include the comments as part of the record and they must be included
as part of the meeting minutes (see Attachment "A").
Mayor Grant stated based upon these virtual meetings, if anyone feels their comments
were not addressed, do they have recourse at the next city committee meeting? Attorney
Cherof stated they have recourse.
Mayor Grant asked what the recourse was if a person disagreed with the Commission's
action.
Attorney Cherof indicated the two ordinances are on first reading. There is a second
reading so members of the public who did not speak and wish to elaborate on their
comments can do so at the next Commission meeting.
Mayor Grant asked if the Commission were required to read into the record the comments
at the second reading. Attorney Cherof responded they are not required to read into the
record. There is no ability to cross-examine those people who submitted a comment. He
noted this is a quasi-judicial hearing,
Mayor Grant stated they are not sworn in. Attorney Cherof stated the comments could
be reviewed by the City Commission and would be available to them.
Mr. McNally noted there are several comments in the webinar interface question section.
Ally Sadqui stated he was not sure why actual problem is being ignored that is not
needed, two attorneys going back and forth ignoring they are adding more health issues
to the community.
Trevor Rosecrans, said it is the paper which was cited used at a gas station.
Mayor Grant closed Public Comments.
Commissioner Romelus said she had no questions of the applicant nor the intervener,
because she believes this renovation is needed. Living in District III, the intersection is
atrocious. The store is an eye sore. She was happy they would step up their game. It
does include a gas station, and there are several gas stations within the 1-mile radius so
it may not be a necessity but as the population increases, it may be. It is dangerous
intersection and she wanted to alleviate the potential to be rear ended. Several residents
think it is beautification and others have concerns that may be justified, but they were
addressed. She is an advocate of sustainability and safeguards and she believe the
concerns about pollutants would be mitigated. She will support the applicant's request.
Commissioner Katz said he agreed with Commissioner Romelus and will vote in support
of the proposed changes.
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Commissioner Hay thought the applicants met the City's requirement. He does not want
to see another Tradewinds. Mr. Schiller brought up some good points, but they did not
have much to do with this project. Stated the 7-Eleven property owners have
development rights to do what they want to do with the property. The City Commission
would be hard pressed to deny the application.
Vice Mayor Penserga agreed it is a much-needed upgrade for the community. He sat for
over an hour to hear the presentation from a representative of the owner of the gas station
across the street. He heard gas stations next to residential coming from an applicant with
a gas station next to a neighborhood. As for environmental, there are two gas stations at
other intersections around the county. People are not dying of cancer, if so, public health
would address it. It needs to be a collection of many studies with a concrete conclusion.
This is a hearing and he feels like his time was wasted. He listened to the concern of the
residents and he read every email. The real issue is someone does not want competition.
If he thought the project was poisoning the community, he would not support it. If having
a gas station next to residential area is a problem, then why is it not a problem with the
Shell station? Because that is directly across the street, and is in a residential area, there
is a problem with the Shell station. If there is outrage, there should be outrage for the
Shell station as well. Vice Mayor Penserga asked where the outrage is. Why is there
selective outrage?
Mayor Grant stated Vice Mayor Penserga's comments echoed his as well as the rest of
the Commission. This is a redevelopment project. He believes this project would be
beneficial to the neighborhood. The corner of Woolbright and Seacrest would receive a
new bus stop. He believed having a bus stop would be beneficial for the neighborhood.
The County will get money from impact fees and hopefully that intersection would be
addressed. The City needs to work with the County or State so that they change the
Seacrest Boulevard from a Suburban road to an urban road and make it part of Complete
Streets project. Mayor Grant stated Seacrest is a collector road and it makes sense to
have a gas station on that corner like the other gas stations in the city. Mayor Grant
stated he was in favor of the ordinance. He provided an example of Golf Road where
certain residential community buildings became office commercial and now, they are
becoming multifamily dwellings.
Motion
Vice Mayor Penserga moved to approve. Commissioner Katz seconded the motion, which
unanimously passed.
Clerk Gibson called the roll. The vote was 5-0.
Proposed Ordinance No. 20-006 - First Reading - Approve 7-Eleven 101 W.
Woolbright Rd Rezoning from R-1-A Single Family Residential District and R-
2 Single- and Two-Family Residential District to C-2 Neighborhood
Commercial District
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City Commission Meeting
Boynton Beach, Florida May 5, 2020
Attorney Cherof read the proposed Ordinance No. 20-006 into the record by title only on
second reading.
Motion
Commissioner Katz moved to approve. Vice Mayor Penserga seconded the motion.
Which unanimously passed.
Clerk Gibson called the roll. Vote was 5-0.
B. Approve request for Conditional Use and Major Site Plan Modification (COUS
20-001 / MSPM 20-002) for Southland Corp Tax Dept #1039 to allow
redevelopment of an existing convenience store for a new 3,454 sq. ft.
convenience store, gas pump islands consisting of six (6) pump stations
under a 3,096 sq. ft. canopy, and related site amenities and improvements on
a 1 .05-acre parcel located at 101 W. Woolbright Road zoned C-3 (Community
Commercial). Applicant: Shane Laakso, Creighton Development.
Motion
Commissioner Romelus moved to table the Site Plan and Conditional Use until the May
19, 2020 Commission meeting. Commissioner Katz seconded the motion, which
unanimously passed.
C. Proposed Ordinance No. 20-002 - Second Reading - Approving the
Boynton Beach Mall Rezoning from C-3, Community Commercial, to SMU,
Suburban Mixed Use. Applicant: Bonnie Miskel, Esq., of Dunay, Miskel and
Bachman, LLP. (The applicant has requested to continue this agenda
item to the May 19, 2020 Commission Meeting.)
D. Approval of the Master Plan Modification (MPMD 19-004) for the Boynton
Beach Mall allowing for the phased conversion to a mixed use or lifestyle
center with the reconfiguration of retail space, and the addition of residential,
hotel and office uses to the existing movie theater, fitness center and church
uses. (This agenda item has been continued to the May 19, 2020
Commission Meeting.)
9. CITY MANAGER'S REPORT- None
10. OLD BUSINESS - None
11. NEW BUSINESS
26
Meeting Minutes
City Commission Meeting
Boynton Beach, Florida May 5, 2020
A. Proposed Resolution No. R20-039 - Authorize the Mayor to sign an
Interlocal Agreement between the City of Boynton Beach and the City of
Delray Beach to share the engineering design cost to rehabilitate Gulfstream
Boulevard (SE 36th Avenue).
Motion
Commissioner Katz moved to approve. Commissioner Romelus seconded with
discussion.
Commissioner Romelus favored redoing that street and said it is a very vital road. This
road was an introduction to our city, and it was atrocious.
Mayor Grant wanted to see the design study so it would be a Complete Street as Delray
is doing for NE 2nd Avenue from Lake Ida north.
Vote
The motion unanimously passed.
12. LEGAL
A. Proposed Ordinance No. 20-010 - First Reading - Approve proposed
amendments to Chapter 18, Article III, Municipal Police Officers' Retirement
Trust Fund; amending Sections 18-164, 18-165, 18-169, 18-174, and 18-
175.
Attorney Cherof read proposed Ordinance No. 20-010 into the record on first reading, by
title only.
Motion
Vice Mayor Penserga moved to approve. Commissioner Hay seconded the motion, which
unanimously passed.
City Clerk Gibson called the roll. The motion passed 5-0.
Mayor Grant requested an update at the next meeting regarding Tom Kaiser Veterans
Memorial Park. Ms. LaVerriere explained the monument was ready to be installed and
staff has contacted Mr. Kaiser.
Mayor Grant requested pictures for the next Commission meeting.
27
Meeting Minutes
City Commission Meeting
Boynton Beach, Florida May 5, 2020
Commissioner Katz complimented Mayor Grant and staff for just how smoothly these
meetings have been running. He said having virtual meetings was an unpredictable
transition, but staff is doing a great job.
13. FUTURE AGENDA ITEMS
A. Consideration of an ILA between the City and CRA for CRA funding of the BB
Blvd. Extension Project for $500K. - May 19, 2020.
B. Request by Mayor Grant to discuss Wellington's home-based business
regulations. - May 19, 2020.
C. Provide update on potential sale of the Nichol's property to Pulte Homes - TBD
D. Discussion and authorization to terminate Franchise Agreement with FLSC,
LLC., for textile recycling program. (This item is tabled while staff continues
to communicate with Textile Recycling Program regarding payment of the
franchise fee)
E. Mayor Grant has requested a discussion on Lake Park's Accessory Dwelling
Unit Ordinance - TBD
14. ADJOURNMENT
Motion
There being no further business to discuss, Commissioner Romelus moved to adjourn.
Seconded by Commissioner Hay. The motion unanimously passed. Meeting was
adjourned at 10:24 p.m.
(Continued on next page.)
28
Meeting Minutes
City Commission Meeting
Boynton Beach, Florida May 5, 2020
CITY OF BOYNTON B CH
7.
M. or- Steven B. Grant
/
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Vice M. "a "1 as
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C' 7i :loner—Justin Katz
Commission- s • - row L. Hay
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7Awl.iice.
oim
Commission/ Christina Romelus
ATTEST:
d / g -IL
C stat Gibson, MMC
City Clerk
/
w ueenester Nieves, CMC
Deputy City Clerk
Attachment: Attachment "A" — Public Comments
29
May 5,2020 City Commission Meeting Minutes
Attachment"A"
Public Comments—May 5,2020 Commission Meeting
Agenda Name Comments E-mail and/or Physical Address Phone No. Date/Time Method
Item No(s). Received Received
1. 8A.(Ord.Nos. Michael "My father and I have owned the office complex at 115 W.Woolbright Road also known as mike@agnellofinancial.com 561-833- 04/20/2020;5:33pm Phone
20-005 and Agnello Woolbright Plaza,for 27 years. I've also owned other properties on Woolbright Road and 7080 Message
20-006) Boynton Beach Blvd. We do not have any long-term objection to the rezoning of the (Office)
residential property that abuts Seacrest,behind the current 7-11 property;however,
strongly object to it if it is going to lead to allowing the development company to establish
a gas station at the corner of Woolbright Road and Seacrest. This proposed gas station
would be adjacent to our property on Woolbright Road and the project would definitely
not enhance the value of the area,let alone the negatives of the environmental issues such
as gas odors,hazardous leaks and additional trash blowing around from the site. This
project would also bring additional traffic,which is already a problem right now. Thank you
for your time and dedication to the City of Boynton Beach."
2. 8A.(Ord.Nos. Yumna "I'm calling in regards to a 7-Eleven that is being considered for expansion. I don't think No address provided. 561-609- 05/04/2020;10:25am Phone
20-005 and Akhtar that is a very good idea. I would like to see if I can put in a vote to prevent it from taking 5446 Message
20-006) place in Boynton Beach. I think that if this gas station,this 7-Eleven,gets extended,there's
going to be too much traffic and pollution and there's already so many gas stations in the
area. I don't think it's a very good idea."
3. 8A.(Ord.Nos. Asad "I don't think this is a viable option. There are lots of gas stations already around in the Alamasad89@gmail.com 954-326- 05/04/2020:12:39pm Phone
20-005 and Alam area,in a 1.5 mile radius(inaudible). Expanding the property with the residential property 2655 5W 23'"Cranbrook Dr. 7679 Message
20-006) and changing the layout of everything,that's unacceptable. I say'no'to this(inaudible). It Boynton Beach,FL
is bad for the neighbors,bad for the environment and bad for the businesses. Please say
'no'to this."
4. 8A.(Ord.Nos. Salek "Concerned about the 7-Eleven expansion close to our neighborhood. I think I speak for None provided. 910-265- 05/04/2020;2:44pm Phone
20-005 and Rasool the whole community when I say that it would be best if this expansion didn't happen. A 2815- Message
20-006) lot of us have families. The construction,the crime that is going to be increased,its just all
unnecessary considering that there's so many gas stations in the area already. We would
appreciate it if we could vote against this as a community. Thank you very much."
5. 8A.(Ord.Nos. Nadia "It has come to my attention that there is an upcoming possible 7-Eleven in the corner of Nadshah83@gmail.com 561-271- 05/04/2020;2:48pm Phone
20-005 and Shah the street. I just wanted to call and say that I'm not okay with because of various reasons. 6593 Message
20-006) It can cause increased traffic,a lot of noise. I know there are a lot of indigent people that
do hang around area places that sell alcohol;7-Eleven is one of them and I don't want that
to be increased. I am worried about my children being around,especially as they grow
older. It is not something I look forward to having around in my neighborhood,especially
since we already have about 6 or 7 gas stations all within one mile. I don't think we need
another convenience store/gas station on the same street. Please take this seriously and I
hope that you can understand where I am coming from. I appreciate the ability to be able
to leave a message and voice my concerns. I hope you have a nice day."
6. 8A.(Ord.Nos. Laxmi "I'm a resident of Boynton Beach. I was calling regarding the expansion of 7-Eleven and I'm Laxmi123usa@gmail.com 954-798- 05/04/2020;2:59pm Phone
20-005 and against it. So please register my disagreement with this." 7571 and 3:00pm Messages
20-006)
May 5,2020 City Commission Meeting Minutes
Attachment"A"
7. 8A.(Ord.Nos. Hilda "I'm a resident of Boynton Beach and I'm calling regarding the project that I'm against." None provided. 954-260- 05/04/2020;3:02pm Phone
20-005 and 6481 Message
20-006)
8. 8A.(Ord.Nos. José "I'm against the agenda item. We don't need another gas station in that area. It's not elpresidentecinco@hotmail.com 954-673- 05/04/2020;3:25pm Phone
20-005 and good for the environment.I don't agree with the gas station. There's too many of them elpepe@hotmail.com 1447 and 6:14pm Messages
20-006) around and it's not good for the environment."
9. 8A.(Ord.Nos. Rashid "I am against this project. It's not good for the neighborhood and the environment.Too Rashidsaeed07@hotmail.com 954-822- 05/04/2020;3:24pm, Phone
20-005 and Saeed much pollution due to another gas station. It's not safe for being nearby the residents. 4241 3:26pm,3:32pm, Messages
20-006) Too many gas stations in this area;don't need anymore for this area. Thank you." 5:01pm and 5:03pm
10. 8A.(Ord.Nos. Aliya "I'm a resident of Boynton Beach and I'm calling because I'm concerned about the 7-Eleven None provided. 954-632- 05/04/2020;3:43pm Phone
20-005 and expansion project. This won't benefit our community as much as it will harm it. We do not 8549 and 3:45pm Messages
20-006) need extra pollution and traffic,as we already have enough of that. We need to think of
our families and our own wellbeing and our family's safety and comfort. Frankly,I just do
not see a need for this expansion. I hope you take this into consideration. Thank you."
11. 8A.(Ord.Nos. Al Raza "Hello. Please deny proposed ordinance 20-005 and 20-006 because it would allow gas aleereza@gmail.com None 05/04/2020;4:48pm E-mail
20-005 and pumps threatening public health in a densely populated area.It is harmful for our next provided.
20-006) generation and there is no need for it.7-Eleven expansion brings no benefit to the
community and actually brings more harm."
12. 8A.(Ord.Nos. M.D. "I'm against the gas station,7-Eleven,over on Seacrest(inaudible). Thank you so much." None provided. 561-713- 05/04/2020;5:08pm Phone
20-005 and Zzaman 5068 Message
20-006)
13. 8A.(Ord.Nos. Nizid "I'm a resident of Boynton Beach and I'm also a realtor. Regarding the expansion of the 7- Nhasan6464@email.com 954-451- 05/04/2020;6:47pm Phone
20-005 and Hasan Eleven at Woolbright and Seacrest: I just want to give my opinion that I'm opposed to it 4157 Message
20-006) and there are already too many gas stations around there,the area. Also,I think it's going
to bring the property value down for the area. The reason for my call is I'm opposing the
expansion of this 7-Eleven gas station at Woolbright and Seacrest."
14. 8A.(Ord.Nos. Raihan "I am a resident of Boynton Beach.Living in a nearby neighborhood I do not wish to see rmustafall@gmail.com None 05/04/2020;6:48pm E-mail
20-005 and Mustafa this project take place.There is already a good amount of on going traffic in the area and provided.
20-006) this will increase the amount.In the long term,it will not be a place I see myself staying in.
If I am feeling this way I am sure there are others as well considering more traffic will cause
more noise."
15. 8A.(Ord.Nos. Salek "I am a resident of Boynton beach and I would like to formally express my disapproval of salekrasool@gmail.com None 05/04/2020;7:02pm E-mail
20-005 and Rasool 7/11's potential expansion on Woolbright Rd and Seacreast Blvd..I have lived in the area provided.
20-006) for many years and I am concerned about the increase in crime and traffic that are
inherent with gas stations close to residential areas.We have a tight knit community and I
have only heard disapproval for the motion since it was brought to our attention.There is
no need for an expansion of the location,as there are enough gas stations in the area
already.The noise from construction will undoubtedly be heard in nearby homes.I hope
you take our community's concerns seriously.Thank you for your time and consideration."
May 5,2020 City Commission Meeting Minutes
Attachment"A"
16. 8A.(Ord.Nos. Aliya "I am writing this email in regards to the 7-Eleven expansion project in Boynton Beach.In my opinion,I do not think it ashah493@amail.com None 05/04/2020; E-mail
20-005 and Shah is a good idea for this project to be approved.There are already seven gas stations within a mile of the location.We provided. 7:03pm
20-006) are not in any shortage of them.This project will cause unnecessary pollution and traffic into our community and
cause a non kid-friendly environment due to the increase of homeless population hanging around a 24 hour store.
Please take my plea into consideration and do not let this project take place."
17. 8A.(Ord.Nos. Urwah "As a resident of Boynton Beach,I would like to express my concerns about the 7-eleven expansion on Woolbright Rd pod.hagCSgmail.com None 05/04/2020; E-mail
20-005 and Hail and Seacreast Blvd.I have a family with young children and at the moment I am happy with the environment my provided. 7:32pm
20-006) children are growing up in.This expansion will bring more traffic,noise and pollution.Please consider my concerns
before approving the project."
18. 8A.(Ord.Nos. Salman "I'm calling with a request to oppose the expansion." None provided. 561-414- 05/05/2020; Phone
20-005 and Ravla 5143 9:08am Message
20-006)