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Minutes 05-19-20 MINUTES OF THE CITY COMMISSION MEETING HELD ONLINE VIA THE GOTOWEBINAR PLATFORM BOYNTON BEACH, FLORIDA ON TUESDAY, MAY 19, 2020, AT 5:30 P.M. Steven B. Grant, Mayor Lori LaVerriere, City Manager Ty Penserga, Vice Mayor James Cherof, City Attorney Woodrow L. Hay, Commissioner Crystal Gibson, City Clerk Christina Romelus, Commissioner (connected at 6:02pm due to technical issues) Justin Katz, Commissioner 1. Openings A. Call to Order Mayor Grant called the meeting to order at 5:31 p.m. John McNally, Information Technology Director, provided information regarding how to participate in the live online meeting. Invocation Vice Mayor Penserga provided the invocation. Pledge of Allegiance Commissioner Katz led the Pledge of Allegiance to the Flag. Roll Call City Clerk Gibson called the roll. There was a quorum. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Grant added a presentation by Eleanor Krusell, Public Communications and Marketing Director, as item 3-D. 2. Adoption Motion Vice Mayor Penserga moved to approve the agenda as amended. Commissioner Hay seconded the motion, which unanimously passed. 2. Other Meeting Minutes City Commission Meeting Boynton Beach, Florida May 19, 2020 A. Informational items by Members of the City Commission Commissioner Hay and Commissioner Katz had no disclosures. Commissioner Romelus spoke with Bradley Miller regarding two items on the agenda. Vice Mayor Penserga indicated he also spoke with Bradley Miller regarding the two agenda items. Mayor Grant stated on May 7th, he spoke with Dr. Fennoy, who reached out to the elected leaders and was trying to renew a partnership with the City of Boynton Beach to get information out to the public. He wished everyone a wonderful Mother's Day. Noted he chairs the Transportation Disadvantage Board and learned more regarding the transportation needs for the State of Florida. The Florida Department of Transportation is creating a transportation plan. Mayor Grant indicated residents could access the FDOT.com website to provide their opinion on what was important to each resident. He also spoke with Bradley Miller of Miller Land Planning. 3. Announcements, Community and Special Events and Presentations A. Proclaim the week of May 17, 2020 as Water Reuse Week. Laura R. Corry, Regional Representative with South Florida Water Management District will be present to accept the proclamation. Mayor Grant read the proclamation into the record. Crystal Gibson, City Clerk, stated that Laura Corry, Regional Representative with the South Florida Water Management District, was having technical issues connecting to the meeting. She then read Ms. Corry's comments into the record: "The South Florida Water Management District really appreciates this proclamation and all the efforts of the Mayor and the City on water conservation. Reuse is another tool we have to extend our potable water." B. Announce that hurricane season begins June 1st and the Solid Waste Division is urging residents to do their part by conducting tree trimming early in preparation for the hurricane season. Mayor Grant announced that Hurricane season begins on June 1, 2020. He asked residents to conduct their tree trimming early in preparation for the season. Noted if in the event there is a named storm, there is no guarantee that vegetation or bulk items would be picked up before the storm arrives. As part of a normal vegetation pick up, residents can place 3 cubic yards of vegetation weekly, set out the day before their scheduled pickup date. The vegetation must be placed at the roadside, leaving 3 feet 2 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 19, 2020 around any obstructions such as mailboxes cars or recycling bins. Bulk trash and vegetation must be separated for pick up. Any trash or debris mixed in with vegetation will have to be removed by the resident prior to pick up. Large tree stumps and trunks larger than 4 feet in diameter will not be picked up. If residents require special pick-up, contact the Solid Waste Division at 561-426-2000, Monday through Friday, 7:30 a.m. to 4:30 p.m. C. Announce the Solid Waste Division will be holding its first Tire Amnesty Week for City Residents the week of June 1 , 2020 to June 5th, 2020. Mayor Grant announced the Solid Waste Division would be holding Tire Amnesty Week for City Residents, beginning, June 1, 2020 through June 5th, 2020. During that week, residents may place at the curb up to eight (8) car and/or passenger tires (with or without rims) for pick up. If residents miss the June Tire Amnesty Week, the Solid Waste Division will hold a second Tire Amnesty Week during the week of November 2, 2020 through November 6, 2020. D. Presentation by Eleanor Krusell, Public Communications and Marketing Director, regarding a Memorial Day online celebration on May 25th Eleanor Krusell, Public Communications and Marketing Director, stated Memorial Day is traditionally celebrated on Saturday the 23rd at Boynton Beach, Memorial Park, but due to COVID-19, some changes needed to be made regarding the accommodation. The Marketing Department has planned a virtual tribute honoring the men and women who died while serving our County. A video is being created and will be shared on the City of Boynton Beach Facebook page and YouTube channel on Memorial Day, May 25th at approximately 2:40 pm. The Mayor and Commissioner were invited to email a greeting to be added to the video. Indicated a photo of the new Veteran's Park, along with Tom Kaiser in his military uniform at the age of 17 is being included. In addition, St. Joseph School would provide photos for inclusion, The Marketing Department are distributing 100 American flags to Mission Barbecue restaurant. There will be a traditional Star-Spangled Flag salute outside of the restaurant at 12 noon. Mission Barbecue will provide the first 100 patrons a free 3x5 American flag on behalf of the City of Boynton Beach to display on Memorial Day in honor of our fallen heroes. The City is also disseminating stamped picture postcards. The Water Tower will be lit red white and blue for the holiday weekend. The City newsletter Banner will feature a photo of Memorial Day from the past and news articles from the city archive. The city's website home page will have a pop-up message. The City of Boynton Beach will be celebrating Memorial Day on Facebook, Twitter and Instagram. Nextdoor accounts will also feature a photograph from past Memorial Day, the digital Marquis and billboards will be displaying a Memorial Day messaging. Eleanor Krusell announced the planned Centennial events to play free at the links has been scheduled for Sunday, June 7th, the Centennial fact of the month is the golf course was opened on June 7th, 1984. Ms. Krusell announced that after consideration, the City 3 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 19, 2020 would keep the Centennial event for the golf course. Beginning May 31st at 7 a.m., the first 100 golfers to book a tee time will not be charged to play and the next 200 golfers will be charged $19.20. This is in celebration of the City of Boynton Beach Centennial. 1920 was the incorporation of the City of Boynton Beach. 4. Public Audience Elizabeth Louis said she wanted to thank the Commission and Mayor. She is a real estate Broker in East Boynton Beach and explained one of her customers has been dealing with a pre-existing code violation, which was unknown to her client. Ms. Louis indicated staff stepped up and rush things along for him. This was amazing. Susan Oyer, 140 SE 27 Way, stated she attended a webinar for sustainability for the Sustainability action team. 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 Mayor Grant announced openings for each Board. 6. Consent Agenda Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. Approve task order UT-3E-02 with West Architecture + Design, LLC in the total amount of $86,040 in accordance with RFQ No. 046-2821-17/TP, general consulting services contract, scope category E awarded by City Commission on August 7, 2018 to provide professional architectural and landscape design services for the design of a new public works facility. B. Legal expenses for April 2020 provided at the request of the City Commission. No action required. 4 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 19, 2020 C. Proposed Resolution No. R20-040 - Adopting a Complete Streets & Mobility Policy with the goal of enhancing the City of Boynton Beach's multi-modal transportation network. D. Accept the Inclusion Works Business Recognition Program quarterly report for January - March 2020. E. Accept the Fiscal Year 2019-2020 Budget Status Report of the General Fund and the Utilities Fund for the six (6) month period ended March 31, 2020, Unaudited. F. Accept the Fiscal Year 2019-2020 Budget Status Report of the General Fund and the Utilities Fund for the six (6) month period ended March 31 , 2020, Unaudited. Motion Commissioner Hay moved to approve the agenda as presented. Vice Mayor Penserga seconded the motion, which passed unanimously. 7. Bids and Purchases Over $100,000 Vice Mayor Penserga pulled item 7-B. A. 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 19, 2020 - "Request for Extensions and/or Piggybacks." B. Proposed Resolution No. R20-041 - Authorize the City Manager to sign an annual service agreement with Motorola, Inc. in the amount of $141,502.00 for the continued maintenance and repair of the City's radio communications system. Vice Mayor Penserga requested clarification for types of services offered for $141,502. Inquired how often are the radios breaking. Police Chief Michael Gregory explained this cost funds general maintenance and repair service for the radio system, as well as are five console systems, which are what the dispatchers use to contact the police officers. Chief Gregory explained there are five repeaters, which are part of the infrastructure, and are basically antenna systems around 5 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 19, 2020 the city that receive the radio signal from the handheld radios, which increase the signal strength so they could be picked up by our Master System are part of the infrastructure. Chief Gregory provided a listing of equipment covered by the purchase order and explained the equipment was very expensive. Noted if there is an outage of any sort or any type of malfunction within the system, Motorola is on call and available twenty-four hours a day. The radio system a critical infrastructure for police and fire. Vice Mayor Penserga asked how often the equipment fails. Chief Gregory stated the equipment was military grade, so it is made to withstand extreme heat and rain. Vice Mayor Penserga asked if there is a storm strike would that be covered. Chief Gregory responded if the equipment was hit by lightning the company would not replace the equipment. This is basically an act of God. The City warranty would not be in effect. Commissioner Hay inquired as to the lifespan for the handheld radio. Chief Gregory responded the average lifecycle is 8-10 years for the radio. Motion Commissioner Hay moved to approve. Vice Mayor Penserga seconded the motion, which passed unanimously. C. Proposed Resolution No. R20-042 - Approve Piggybacking the Sourcewell Contract #022217-NWF with Verizon Connect NWF and authorize the City Manager to sign a piggy-back Agreement Approve issuance of a purchase order for an automatic vehicle location (AVL) system in the estimated amount of $105,000 with an annual cost of$67,000 and a one time set up fee of $38,000. The Sourcewell Contract#022217-NWF satisfies the City's competitive bid requirements. Motion Commissioner Hay moved to approve the remainder of the Consent Agenda for items over $100,000 as amended. Commissioner Katz 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. A. Proposed Ordinance No. 20-011 - First Reading - Approve Madison on the Avenue Future Land Use Map Amendment from Local Retail Commercial (LRC) to Special High Density Residential (SHDR). 6 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 19, 2020 Attorney Cherof read the proposed Ordinance No. 20-011 into the record on first reading. Attorney Cherof indicated these were quasi-judicial proceeding. Swore in all those who wished to speak. Bradley Miller, Miller Land Planning, Inc., on behalf of property owner Jarod Doros, is requesting approval to construct a multifamily residential development consisting of ten (10) townhomes, each with two cars garage and two additional parking spaces. The two- story structures and the associated residential amenities, parking, landscaping, and lighting are on a 0.67-acre property, the zoning request for changes to the Future Land Use Map from Local Retail Commercial (LRC) to Special High Density Residential (SHDR) The subject 0.67-acre property consists of two lots and is in the Federal Highway District, South of the Community Redevelopment Area (CRA), approximately 500 feet west of Federal Highway. The eastern parcel is developed with a single-family home, currently vacant, while the western parcel has a professional office housed in a 1966 structure. Relative to traffic, the project is estimated to generate 31 additional vehicle trips over the current uses of the properties, with no additional peak hour traffic impact on the roadway network, and therefore meets the Traffic Performance Standards of Palm Beach County. Currently, both parcels carry commercial land use and zoning designations. To support a proposed 10-townhouse project, the applicant is requesting that the property be reclassified to the residential category of Special High Density Residential (SHDR) and rezoned to the IPUD Infill Planned Unit Development District. This MSPM (Major Site Plan Modification) application is being processed concurrently with the application for Future Land Use Map (FLUM) amendment and rezoning. The proposed building elevations depict the top of parapet height of 26'-8", comparable with the 30-foot maximum height allowed within the City's single-family zoning districts, and compatible with the surrounding properties. The Planning and Development Board recommended approval of the item at the April 28, 2020 meeting. Mr. Miller informed the Commission the development was surrounded to the east by Coastal Bay and to the South by Coastal Bay and then Kensington Place, which is another Townhouse Community to the west. Across the street across Golf Road is some older multi-family housing. The request is to change the land use to special high density residential and the slide showing the existing land use on the left side of the slide is what is existing. Mr. Miller provided some slides to show the special high density to the east and to the south of Coastal Bay and the medium density residential to the west. The existing designation is local retail commercial and changing it to be more consistent with the residential. 7 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 19, 2020 Mr. Miller believed the Special High Density was the way to go and with the IPUD zoning the layout with the driveway through the middle building one the northern building as driveways that lead to a two-car garage all ten units have two car garages and all 10 units have space for two cars behind the garage. Indicated each building would have full four spaces. The complex would have 40 parking spaces where only 20 are required. The garages are all being wired to have accessibility for electric cars. The IPUD zoning requires the recreation area which is the that southwest corner Green Space of 200 square feet per unit 2 then we have over the 2,000 square feet. The chart on the bottom right is giving you a breakdown of the sizes of the units. Are there nice sized units all but one is three-bedroom two-and-a-half-bath two-story townhouse units. Mr. Miller showed the landscape plan. Indicated there is a lot of landscape. The Planning and Development Board recommended conditions would be to provide some additional security along the front of the building. Along the edge of Golf Road, the Blue Line the applicant decided to add a little 4-foot rail fence. Mr. Miller stated the applicant does not want anyone walking through their gate to be surprised some of the other side by unfriendly visitor. The fence itself is going to be black contrary to what the photos showing and match with the railing that are on balconies as part of the architecture. Incorporated the small rail fence would address the Planning and Development Board concerns, and give the owners a little more privacy, and separation from that the public road and the public sidewalk. The other condition was for landscaping on the west side of this building. He believes there was enough landscape along the West Side. He feels the second condition from the Planning and Development board was already satisfied. We have gone through the relatively new code and comply and exceed the sustainable development standards. Mr. Miller indicated there are also some flowering small flowering trees that will kind of offset from the palm trees that run along Golf Road South Southeast 23rd here and would add some color and a little more foliage along the frontage of the road. Mr. Miller summarized the client's application request. Applicant is requesting the change in the land use and the zoning to special high density and IPUD respectively in the Master Plan, which goes with the IPUD there were the conditions are accepted. Commissioner Katz stated he was a proponent of townhomes, because of the price this allows people to own a home. He like the style as well as the two-story building. Indicated Lake Worth and Delray have many townhomes. He likes the features being incorporated into the homes. Commissioner Hay agreed with Commissioner Katz, asked on the conditions of approval, was the landscaping the only condition of approval. 8 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 19, 2020 Mr. Miller responded there were two conditions for landscaping, he requested to modify to reflect the fence instead of the landscaping and eliminate the additional landscaping condition. Commissioner Romelus indicated she liked this project and is in favor. Vice Mayor Penserga stated this was a modern project. He was impressed the units have electric charging stations. He was in support of the project. The density was less than the neighbors and the height as well. Praised the Planning and Development Board for the work they did. Mr. Miller responded all the townhomes were wired for the electric cars. Commissioner Romelus asked if about shades trees. Mr. Miller stated there would be some canopy trees as well as flowering trees. Vice Mayor Penserga asked if the fencing goes around the entire building. Mr. Miller stated it goes from corner to corner of the building. Commissioner Hay asked what type of trees would be planted. Mr. Miller stated he need to get the information to the commission. Mayor Grant stated that this building is in the CRA district. Indicated these buildings are over 50 years old. Noted there was only one, 10 acres of farmland available in the City of Boynton Beach left. Hopefully this would spur development in the area. Open to public: Susan Oyer, 140 SE 27th Way, indicated she was sworn in. Noted she sits on the Planning and Development board and discussed the two conditions. The fence was perfect. Someone asked to have more landscaping of the building. To have something to fill-in the area. So that east bound traffic had something to look at. Commission for Comment: Mayor Grant stated the applicant has met the landscape conditions. Commissioner Katz indicated this was a good use of the land Motion Commissioner Hay moved to approve proposed Ordinance No. 20-2011. Commissioner Katz seconded the motion. Clerk Gibson called the roll. Vote 5-0 9 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 19, 2020 Proposed Ordinance No. 20-012 - First Reading - Approve Madison on the Avenue Rezoning from C-2 Neighborhood Commercial to IPUD Infill Planned Unit Development. Attorney Cherof read the proposed Ordinance No. 20-012 into the record on first reading. Swore in all those wishing to speak. Motion Commissioner Katz moved to approve proposed Ordinance No. 20-012. Commissioner Hay Seconded the motion. Clerk Gibson called the roll. Vote 5-0 B. Approve Madison on the Avenue Major Site Plan Modification for the construction of a multifamily residential development consisting of ten (10) town homes within two (2), two-story structures and the associated residential amenities, parking, landscaping, and lighting on a 0.67-acre property. Applicant: Jarod Doros, JWD Builders. Motion Commissioner Hay moved to table the Madison on the Avenue Major Site Plan Modification for the construction of a multifamily residential development to June 2, 2020. Commissioner Katz Seconded the motion, which was unanimously approved. C. Proposed Ordinance No. 20-013 - First Reading - Approve Miraflor Apartments Future Land Use Map Amendment from Medium Density Residential (MDR) to High Density Residential (HDR). Attorney Cherof read the proposed Ordinance No. 20-013 into the record on the first reading. Bradly Miller, Miller Land Planning, said the 3.87-acre lot was originally part of the Palm Beach Memorial Park, slated for a future expansion area of the cemetery. At the time of the Memorial Park sale, the expansion plan was abandoned, and the unused subject property was subdivided from the original cemetery parcel. The site was approved for 40 townhomes in 2007, but due to the economic downturn, the project was abandoned. Since then, the owners found an economically feasible use for the property, given its layout and the steadily rising land and construction prices. To increase development feasibility of the site, the applicant is requesting that the future land use of the property be amended to High Density Residential (HDR), and its zoning changed to Infill Planned Unit Development (IPUD), the district recently approved to be paired with the HDR category. 10 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 19, 2020 Mr. Miller stated there may be some marketing challenges regarding the location. There is a cemetery and 1-95, but the applicant believes there is a market. A new project may give some new hope to an area, which needs it. The HDR/IPUD future land use and zoning allows a maximum density of 15 dwelling units per acre. The subject property is currently under the Medium Density Residential (MEDR) classification and R-3 zoning, with maximum density capped at 11 dwelling units per acre. Its neighbor to the south, the Pine Point Community, carries the same designations. The proposed IPUD district is a residential-only, multi-family zoning district, as is R-3. Arguably, the difference between 11 and 15 units per acre can be considered of no major significance in terms of potential negative impacts, and the project is designed to minimize such impacts. Mr. Miller showed the drainage area, the project has five buildings consisting of two to three story buildings. These are walk up units. There would be 58 total units. There is an excess of parking. Staff recognized there may be more people with a 3-bedroom unit. Client follows the required recreation areas. There is landscape buffering within the area. Parking allows for the solid waste vehicle to maneuver around the trash containers without any issues. There is a pedestrian walkway, which connects to Seacrest where there is an existing bus stop, and there is a condition of approval to provide a covering for the bus stop. A thick hedge would be provided, 10 feet wide. There are some Flake Holly, which are allowed by FPL. The nearest building is pine point. The building slopes away. Mr. Miller stated he has been in contact with the cemetery and management has requested some conditions, which the client agreed. Indicated there are some gravesites near the wall, instead a 6 ft. aluminum rail fence around the property with some cocoplum hedges the hedge would be maintained at 6 ft. hedge. A landscape hedge instead of a wall would be better. There is an office, bike racks, mailbox systems with additional parking which has electrical parking stations. Mr. Miller noted no incompatibility issues would arise north from the cemetery and the west of interstate 95 of the property, the Seacrest right-of way limits the impact of the development on the single-family zoned neighborhood to the east. The City has a shortage of rental apartments in mid- and low-mid price points. If approved, the project would add to the housing inventory in this much needed price range. Mr. Miller read the condition in the record Pursuant to the proposed site plan and the landscaping planting plans a five-foot-wide landscape buffer is to be installed the entire length of the north property line, adjacent to the cemetery. The border shall consist of the following Add a 6ft high black aluminum fence a red tip cocoplum hedge, with 3-gallon plant the hedge should allowed to grow 6 feet. Loxahatchee grass, and trees such as the gumbo-limbo, live oak and cabbage palm. Provided several renderings of the building and the recreational facilities along with the landscape 11 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 19, 2020 Commissioner Hay asked if the notched dipped area belonged to the cemetery and asked if the applicant has negotiated to purchase the notched dipped area. Mr. Miller indicated there are existing gravesites in the notched area. Commissioner Romelus stated she supported the project. Mayor Grant noted on Seacrest between Gateway and Hypoluxo this is one pedestrian crossing, on NW 23 he requested the applicant to apply for a pedestrian crossing light. Currently on Seacrest there is a suicide lane North of gateway is a residential area. This is not a requirement if the county does not deem it a requirement. This is a residential neighborhood. A Pedestrian crossing is needed at that crosswalk. Commissioner Katz asked the current land value and the projected value as a result of the development. Mr. Miller stated he did not. Commissioner Katz ask what the cost of the development. Mr. Miller responded the cost was estimated between $12-13 million dollars. Commissioner Katz noted this land has been vacant for long period of time. He was in favor of the development and believe this project would have demand. He appreciates the investment in the community. Vice Mayor Penserga supports the major request, of a pedestrian crossing, he was not sure where the school bus stop would be, nut imagine there may be lots of kids in the neighborhood. Regarding the southern hedge, separating from Pine Point Vilas, it looks like there are two sets of hedges. Mr. Miller stated they are adding on to the existing hedge. Vice Mayor Penserga liked the hedges and the building has electric car charging stations. The Planning and Development Board mention these are rental units, could there be a possibility of rent to own units. Mr. Miller stated the request is for 58 units, the Planning and Zoning does not distinguish between rental and non-rental. This is a rental Market, not a homeownership market. Vice Mayor Penserga stated there are kids of different ages, does this development have a space for young teens. He would rather have some type of sports for the young teens. Instead of having a Gazebo on the other side, instead combine for a large open green flex space. Mr. Miller replied this idea was discussed. He said it could combine the tot lot with the pavilion and leave the other area open. Keep the same recreation area. Vice Mayor Penserga stated given this is adjacent to a cemetery, requested the applicant and the construction workers could take a pause until the service are done. Mr. Miller stated the owner was listening. He believed this would be a conversation with the cemetery. 12 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 19, 2020 Kathleen Kyriakou, 221 Bayview Avenue, Unit B, indicated she has taken the oath. Noted they are a 55 and over community. The reason they purchased their home because they wanted an adult community. She feels the community was not taken into effect. Suggested having a meeting in person, so that comments could be made, would be better suited for members of her community. She respectfully requests a postponement until the resident of this community could attend in person. Mayor Grant stating the applicant has done more than what was expected regarding the community. Indicated there is a lot of noise from 1-95 every day. He believed this would add value to this community. The applicant is required to pay an additional park and recreation fee. With this fee, the City could investigate adding some facilities to the Rosemary Scrub. Commission Hay asked if the Mayor's condition of approval was for the applicant to apply for the pedestrian crossing light. Mayor Grant clarified the applicant only needs to apply for the pedestrian crossing, if Palm Beach County rejects, then the applicant has satisfied the condition. Mr. Miller requested clarification regarding the signaling, the city was speaking about pedestrian crossing signals not a vehicle signal. They would go to the county for a driveway permit; they will have the conversation with the county about the pedestrian crossing as well. Commissioner Hay asked if the garbage truck making the sharp turns was taken into consideration. Mr. Miller showed the inside and the outside radius and indicated this was reviewed by the City of Boynton Beach staff. Mr. Miller clarified there was an additional condition of approval from the Planning and Development Board suggesting a basketball court. The applicant can come back with some reconfigurations for the recreational areas at the second reading, when the site plan is presented. Mayor Grant request another slide of the options at the second reading. Mr. Miller replied he would work with staff for a revised condition of approval to be implemented. Motion Commissioner Hay moved to approve proposed Ordinance No. 20-013, Miraflor Apartments Future Land Use Map Amendment from Medium Density Residential (MDR) to High Density Residential (HDR) with the additional condition of approval for the applicant to apply for a pedestrian crossing from Palm Beach County. Commissioner Romelus seconded the motion. Clerk Gibson called the roll. Vote 5-0 13 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 19, 2020 Proposed Ordinance No. 20-014 - First Reading - Approve Miraflor Apartments Rezoning from R-3 Multi-Family Residential District to IPUD Infill Planned Unit Development District. Attorney Cherof read the proposed Ordinance No. 20-014 into the record on first reading. Motion Commissioner Hay moved to approve proposed Ordinance No. 20-014 Miraflor Apartments Rezoning from R-3 Multi-Family Residential District to IPUD infill Planned Unit Development District. Commissioner Katz seconded the motion. Clerk Gibson called the roll. Vote 5-0 D. Approve Miraflor Apartments Major Site Plan Modification for the construction of a multifamily residential development consisting of 58 rental apartments within five (5), two/three-story structures with associated residential improvements on 3.87 acres requested to be rezoned to IPUD. Randall K. Rush of Seacrest Properties, LLC. At their May 28th meeting the Planning & Development Board unanimously approved this request subject to staffs 21 recommended conditions of approval plus two additional Board conditions. Motion Commissioner Romelus moved to table the Miraflor Apartment Major Site Plan Modification to the June 2, 2020 commission meeting. Commissioner Katz seconded the motion, which passed unanimously. E. Proposed Ordinance No. 20-015 - First Reading - Approve amendments to the Comprehensive Plan Utilities Element to include an update to the 10-year Water Supply Facilities Work Plan. Attorney Cherof read the proposed Ordinance No. 20-015 into the record on first reading. Motion Commissioner Katz moved to approve. Commissioner Hay seconded the motion. Michael Low, Deputy Director for Utilities, indicated that in 2002 the State Legislature expanded the comprehensive plan requirements to strengthen coordination of water supply planning and local land use planning. The South Florida Water Management District completed their update to the Lower East Coast Water Supply Plan in November 2018. 14 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 19, 2020 Mr. Low stated all utilities are required to update and adopt their 10-year Supply Plan within 18 months. The plan is then incorporated into the City's Comprehensive plan. The most significant requirement was that each local government had to adopt a local 10-Year Water Supply Facilities Work Plan (the Work Plan) into its Comprehensive Plan. These local 10-year plans are required to be based on the latest relevant Regional Water Supply Plan. In the City of Boynton Beach's case, the regional plan is the Lower East Coast (LEC) Water Supply Plan, prepared by the South Florida Water Management District. The first City's Work Plan was completed and incorporated into the Potable Water Sub- Element of the Utilities Element of the Comprehensive Plan in 2008; the Plan was subsequently updated in 2015. As per 163.3177, Florida Statutes, the local governments must update their 10-year plans within 18 months after regional water management districts approve an updated regional water supply plan. The Governing Board of the South Florida Water Management district approved the 2018 LEC Water Supply Plan Update on January 11, 2019. In accordance with the state regulations cited above, the adoption of the update to the City's Water Supply Plan is anticipated to take place in July 2020. The Planning and Development Board reviewed this item at its April 28, 2020 meeting and forwards it with a recommendation of approval. Mr. Low stated saltwater intrusion from the ocean as the Oceans Rise the Western Well field which we now tap for the East Water Plants as well as the West Water Plant has 14.36 million gallons of capacity per day. The City of Boynton Beach purchased a million gallons of capacity from the Palm Beach County Utility. The City has paid the cap fee, but only pay usage when The City interconnects. The good news from this to report is that we have enough water going forward based upon these very aggressive population projections. Mayor Grant asked if the Utility department expected to expand to other municipalities in the next 5-10 years. Mr. Low responded the City Utilities are continuing to review other municipalities. Staff is looking at older mobile home parks. Mayor Grant stated this was an enterprise fund, which brings revenue into the city and require less taxes for the residents and the businesses. Vice Mayor Penserga requested clarification regarding saltwater intrusion in the eastern wellfield. What is the future of the eastern well field? Mr. Low explained an upcoming analysis is being done to look at the impact of saltwater at the lower levels of the aquifer and the City of Boynton Beach raised the wells in the Eastern Water field. The city has reduced the demand from some of the wells closer to the ocean so the city relying more upon Wells closer to the E4 Canal system because they are more readily replenished. Vice Mayor Penserga asked about the daily consumption table, where does the city rate in comparison to other municipalities. Mr. Low stated they had one of the lowest consumptions in comparison to other utilities. 15 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 19, 2020 Vice Mayor Penserga asked why the consumption is lower in comparison to other utilities. Mr. Low replied this was because of aggressive changes made after the 2007-2008 economic downturn. Mr. Low explained at that time the city consumption was at 16 million gallons daily. The city has reduced the usage of water for irrigation extensively and promoted water saving ideas, as well as expanding the use of water reuse. Motion Vice Mayor Penserga moved to approve amendments to the Comprehensive Plan Utilities Element to include an update to the 10-year Water Supply Facilities Work Plan. Commissioner Hay seconded the motion. Clerk Gibson called the roll. Vote 5-0 F. Proposed Ordinance No. 20-005 - Second Reading - Approve 7-Eleve 101 W. Woolbright Rd, amending Future Land Use Map from Low Density Residential (LDR) and Medium Density Residential (MDR) to Local Retail Commercial (LRC). Attorney Cherof read the proposed Ordinance No. 20-005 into the record by title only on second and final reading. Bryan Seymour, Gunter LLC Attorney for the applicant, 777 South Flagler Drive, Suite 200, West Palm Beach, indicated he as taken the oath. Mr. Seymour stated there are a couple of changes to the site plan that the applicant wanted to raise which came as the result of discussions with Palm Beach County and some discussions with the neighbors and wanted to address some of the comments heard about access. Mr. Seymour indicated after the Commissioner meeting the applicant met with the access committee for Palm Beach County and indicated the county controls the access points on both Woolbright and Seacrest. The County had some concerns about a left end for people traveling north on Seacrest into the site. The applicant representatives worked with the County to accommodate and have agreed to install controlled access, which would be a right in right out only at the access point on Seacrest. This will demand a couple of site plan changes. The applicant is working through the final design with Palm Beach County. The plan is to put what is commonly referred to as a peanut at the site. Mr. Seymour explain this will keep people from being able to make a left and will allow only the right in and the right out once the final design with the county are worked out. Once this is done, a site plan update would be presented to staff. Mr. Seymour requested that a motion to approve include a condition that the Seacrest access be amended on the site plan to reflect the final agreement with Palm Beach County. If this is done, this could be placed on the final site plan a presented to staff. The applicant does not want to bring everything back to the commission since the county controls that access permit. 16 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 19, 2020 There are concerns for the Neighbors who are immediately to the north. What it would mean is extending the wall to cover that area, but because there is a fire hydrant on the other side, the applicant worked with the fire department to allow for some flexibility in the wall, which would be designed in the final permitting so that a fire hose could get through if need be to the fire hydrant on the other side of the wall. The City may want to impose a condition of approval for access for fire hose to be approved by the fire department. Commission Comments: Mayor Grant requested a recap of what is being requested. Brain Seymour responded the applicant is requesting a land use change from residential to commercial to allow for the expansion of the 7-Eleven on to those properties and putting the convenience store element onto those properties as well as site plans. Vice Mayor Penserga indicated there were concerns regarding an excess of benzene into the neighborhood. In the previous meeting, there were concerns from the residents as well as the attorney representing the gas station across the street regarding excess of benzene vapors that would poison the community. He wanted to address this today because there are concern for the residents. Vice Mayor Penserga wanted to inform the residents the gas station across the hired a lawyer to oppose the construction of 7-Eleven gas station. Also, it has come to his attention that the residents received flyers with a skull and bones scaring the residents. These flyers were sent out for the sole intention to scare the residents. This is about competition and competition is a good thing, which ultimately lower gas prices. Vice Mayor Penserga wanted to specifically address the research paper that was mentioned numerous times. In the research paper vent pipe from storage tanks at gas stations and implications for setbacks. The third sentence of the paper says what they measured was vapors, not benzene. Stated decisions are not made based on two recordings of gas stations across the country. Indicated what they measured, were vapors coming out from these exhaust pipes and Benzene was part of it. The study does not show what was measured, the study used a computer model. Vice Mayor noted no actual Benzene was measured just a computer model, assuming things like no buildings around it. No trees. No walls. It was as if air would travel directly across into the homes, and obviously that is just not representative of reality and the third and final point, he wanted to make about this paper that is being pushed around and scaring the community is the architecture of this paper owns a company called Eros and the number one product are vapor solutions. The attorney for Shell gas station solution is to scare the neighborhood. Vice Mayor Penserga requested the applicant to move the exhaust pipes further away from the residence and closer to Woolbright. He believed this should help alleviate any additional concerns from the vapors. Mr. Seymour explained this concerns the tanks and may result in some changes to Landscaping, but he feels confident this could be worked through with staff. 17 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 19, 2020 Brandon Wolfe, 21 Westfield Avenue, Melbourne, Florida, indicated he has been sworn in. Responded to the Vice Mayor Penserga and stated the vent can be moved to Seacrest and Woolbright. This could be relocated on the site plan; the engineer would work on that. Vice Mayor Penserga clarified the vent is to be moved further away from the residence and closer to Woolbright. Inquired if it was possible for Landscaping to cover this area, he did not want to have an eyesore. Mr. Wolfe stated there could be a third condition of approval for the relocation of the vent piping and the landscaping to screen as much as possible. Vice Mayor Penserga asked if this was doable. Josh Long, 777 South Flagler Drive, West Palm Beach, Florida, indicated he has been sworn in. Yes, indicated they could move the vent to the corner of Woolbright and Seacrest. This can be done once the engineer determines the location, then the applicant would work with landscape architect to ensure that the landscape screening is as significant as they could make it and still comply with what the engineer needed. Vice Mayor Penserga believed this was a wonderful compromised. He does not believe there are any actual evidence to support a health concern given the distance, all the landscaping and the walls. Commissioner Katz stated his biggest concern, which had been voiced by the adjacent residential property owner with regards to the vent. Commissioner Hay thanked Vice Mayor Penserga for the research and providing the information to the Commission. Commissioner Romelus thanked the Vice Mayor for separating fact from fiction, and just taking time to deep dive into that information. This would help remove a lot of the emotion and fear out of this conversation. Matthew Mazilano, 122 SW 14th Avenue, indicated he was sworn in. according to the EPA, CDC, and the World Health Organization gas stations are a known source of benzene emissions. The study was evaluating the emission against Benzene in the state of California, which has a 300 feet setback. Stated the Commission is disregarding the city codes and setbacks. Stated this was a new gas station, the other gas stations were grandfathered in. He does not believe the health concerns should be tossed out. When the City of Boynton Beach put in some setbacks it should be adhered to. Stated he was 20 feet from the dumpster, asked for some type of mitigation for rodent intrusion would be fine, he is concerned about the delivery times. Suggested the security cameras on the outside wall as well as the western corner and have that tied into the police station. Bill Debris, 130 SW 13 Avenue, remembers the shell station years ago. The community never wanted the Shell station. He was concerned about the closeness of the 7-Eleven to SW 14th Avenue. He was concerned about the increase in traffic. He believes the commission is leaving his neighborhood out. When the fuel tank is made, make sure the 18 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 19, 2020 water table is low enough for the fuel tanks. He understands the 7-Eleven needed to be upgraded. He believes this is a mistake. Susan Oyer, 140 SE 47 Way, asked for this project to be bifurcate this project. People do not want the gas station. Please improve the 7-Eleven not the gas pumps. Commission Final Comments: Mayor Grant stated the City alcohol sale code prohibits the sale of alcohol between the hours of 2:00 a.m. to 7:00 a.m. Mr. Seymour stated the applicant would meet code. Mayor Grant expressed as a government the City of Boynton Beach does not have the right to tell private property owners what to do with their property. The government can tell private property owners what they can or cannot do according to the city code. He understand that this is a major intersection and that the city is redoing the its land use that's what we saw earlier in today's meeting where commercial properties are moving into high density residential so that we are maximizing the space within the city. The commission decided to have commercial along the south side of South West 13th Avenue. Vice Mayor Penserga stated competition was a good thing and would ultimately lower gas prices. See Attachment "A" and Attachment "B" for Public Comments. Motion Commissioner Romelus moved to approve. Commissioner Katz seconded the motion. Clerk Gibson called the roll. The vote was 5-0. Proposed Ordinance No. 20-006 - Second 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 Attorney Cherof read the proposed Ordinance No. 20-006 into the record by title only on second reading. Motion Commissioner Katz moved to approve. Commissioner Hay seconded the motion. Clerk Gibson called the roll. Vote was 5-0. 19 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 19, 2020 G. 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. (Continued from May 5, 2020 Commission Meeting) Attorney Cherof stated there were some suggestions, regarding amendments which should be incorporated made by council. For the comments made by counsel in the presentation for subsequent review of the site plan. Motion Commissioner Hay moved to approve the Site Plan and Conditional Use to incorporate the comments made by counsel in the presentation for subsequent review of the site plan. Commissioner Romelus seconded the motion, which unanimously passed. Attorney Cherof stated those condition will be incorporated once staff prepares the development orders. H. Proposed Ordinance No. 20-010 - Second Reading - Approve proposed amendments to Chapter 18, Article Ill, Municipal Police Officers' Retirement Trust Fund; amending Sections 18-164, 18-165, 18-169, 18-174, and 18-175. Attorney Cherof read the proposed Ordinance No. 20-010 into the record by title only on second reading. Motion Vice Mayor Penserga moved to approve. Commissioner Katz seconded the motion, which unanimously passed. Clerk Gibson called the roll. Vote was 5-0. I. 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 June 16, 2020 Commission Meeting.) Mayor Grant stated this would be the last continuance. 20 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 19, 2020 Motion Commissioner Romelus moved to table until the June 16, 2020 Commission meeting. Commissioner Hay seconded the motion, which unanimously passed. J. 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 June 16, 2020 Commission Meeting.) Motion Commissioner Romelus moved to table until the June 16, 2020 Commission meeting. Commissioner Hay seconded the motion, which unanimously passed. Public Comment/Question: Kelly asked how can the City of Boynton Beach help HOA and the 55 over community if pools are opened. Mayor Grant stated the HOA has its own board of directors. Provided some suggestions. 9. City Manager's Report A. Status Update on the new monument sign at Tom Kaiser, USN Boynton Beach Veteran's Memorial Park Lori LaVerriere, City Manager, provided an update to the Tom Kaiser, USN Boynton Beach Veterans Memorial Park. Noted the foundation has been poured and the monument is complete; it should be in by Friday. Ms. LaVerriere stated she would like to plan some type of unveiling. B. Discuss July 4th festivities for 2020. Lori LaVerriere, City Manager, stated they are not going to hold a large scaled event, did not seem like something which the city should do. Wanted to see what the commission wanted to do. Mayor Grant stated there needs to be a discussion and a decision needed to be made tonight. Eleanor Krusell, Public Communications and Marketing Director, indicated the past couple of months, the Marketing & Events Department has been participating in Zoom 21 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 19, 2020 discussions organized by the FFEA (Florida Festivals and Events Association) and IFEA (International Festivals and Events Association) on the status of 41h of July events around the world. A 4th of July survey has been completed and results received, which have been very helpful. The Team has met with the Boynton Beach Police Department, Boynton Beach Fire Rescue Department, and the Recreation & Parks Department regarding options. The Team has also been in discussions with our fireworks company on possibilities and deadlines. The event company has requested that the city notify them by May 19 if the City is interested in pursuing a firework display this year. There are no cost implications if the 4th of July is cancelled. While it is difficult to compare 4th of July events, even with neighboring cities, it has been helpful to engage with others and share information. The 4th of July event site at Intracoastal Park has a relatively small viewing area. With an estimated attendance of 6,000 last year, the viewing area was very crowded. Due to the limited parking options at event, continuous free bus services from two remote locations provided residents the ability to attend and increased last year's attendance. The 4th of July is seven weeks out. Currently, with current CDC guidelines on social distancing, use of masks and proper sanitization requirements, most event organizers are offering three options for City officials to review: 1) Cancel the event. There would be no cost to the City from the fireworks company. 2) Livestream the fireworks show. The cost of $62,000 would remain the same if held at Intracoastal Park. Crowd control may become difficult. 3) Postpone the event to another date in the future. Several event organizers are considering Labor Day. Discussions on the possibilities of a small fireworks or light show off buildings in Town Square or the downtown area in December if CDC protocols are lifted and budgeted in the FY20-21 Budget. Staff recommends cancel the July 4th fireworks event and work on scheduling a future event in the fall should CDC guidelines relax. Ms. Krusell stated staff would like to cancel the July 4th celebration. Commissioner Katz stated he was in favor of cancelling the event. He believes everyone would be in the mood to celebrate later. Mayor Grant stated having the event on Saturday increase the crowds. The problem he sees, the reason the government provides fireworks is so that amateurs do not light up the fireworks. The city does not have a location for the celebration. He was willing to work with the mall properties to have a firework display later. 22 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 19, 2020 Commissioner Hay stated if it cannot happen on July 4, it can be used at a different time. He suggested a light show in the town square. Indicated he would like to postpone the July 4th event. Commissioner Romelus noted she was in favor of postponing the event. Vice Mayor Penserga stated he would like to postpone the event. He like the idea of having something at the mall. Indicated five months from now, people may not feel comfortable. Asked if it was possible to move the fireworks from the barge? Ms. Krusell responded she has a meeting with the event planning company, the only regulation would be that people must be 60 feet away. if there is a firework show, those fireworks must be higher, the higher the more the cost. Once the event is advertised, people would be lined up around the mall. Commissioner Hay stated the city needs to careful with the fireworks. Suggested having some laser shows, just another option. Ms. Krusell stated the city is in a five-year agreement with the event company. Commissioner Romelus stated she would like to see real fireworks. Ms. LaVerriere stated staff would bring back options from the vendor. C. Proposed Resolution No. R20-043. Approve and authorize implementation of a Pilot Program by staff, when warranted, to assist businesses during times of emergency declaration. Mike Rumpf, Director of Planning and Zoning, provided an update on the authorization and the implementation of the pilot program, The City of Boynton Beach finds that it is necessary that special rules of business operation are implemented during periods of emergency declaration when warranted to assist with business recovery. Such rules would temporarily supersede applicable regulations and standards within the Land Development Regulations (LDR). Such relief or special provisions shall be in effect until all related restrictions are lifted by the declaring entity or when deemed warranted by the City Manager. These rules are in addition to any applicable State regulation or outside agency guideline. Temporary Banners (feather or static banners). 1 . One temporary banner is allowed per business, in compliance with the corresponding sign size standards within the LDR, is located behind the perimeter landscape buffer (or placed a minimum of 10 feet from the abutting sidewalk or street edge in the absence of a landscape buffer), and does not interfere with driver visibility at driveways or intersections. 2. A shopping center or multi-tenant plaza is not restricted to the total number of feather banners stated in the code, provided they follow the criteria listed in 1 . above. 3. No permit or fee submittal shall be required. 4. Recommended the tenant seek landlord approval prior to installation. 23 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 19, 2020 Exterior Display of Merchandise. 1 . Allow display of merchandise on walkway in front of the tenant space, if ADA access is maintained. 2. Allow display of merchandise within parking spaces (other than handicap spaces and their attendant accessibility aisle). Up to two (2) parking spaces located in front of the tenant space may be utilized. Landlord approval shall be required. No merchandise shall be placed in perimeter parking spaces, abutting the right-of-way. Clear traffic and pedestrian circulation shall be maintained. 3. Tents at a maximum size of 10' x 10' may be used for display of merchandise without the necessity of a permit. Larger tents, up to a maximum of 20' x 20' may be used conditioned upon obtaining a building permit. 4. Merchandise and any tents shall be removed and/or placed within the enclosed tenant space at the close of business daily. 5. These rules of operation shall be provided to the business operator or property owner and displayed within view by patrons and employees as acknowledgment of this process and commitment to comply with all related operational measures. Interior and Exterior Dining. 1 . Interior and exterior table locations and spacing shall comply with CDC guidelines. 2. The Development Department will issue a certificate of acknowledgement of CVID-19 Social Guidelines upon posting of these applicable guidelines and passing of a site inspection. 3. On private property, allow outdoor seating on the walkway in front of the tenant space, if ADA access is maintained. Seating may also extend in front of the abutting tenant space with written approval from the property owner/manager. 4. Allow use of parking spaces (other than handicap spaces and their attendant accessibility aisle) for outdoor seating. Parking spaces must be located directly in front of the tenant space, unless otherwise allowed (in writing) to exceed the area or parking spaces by the property owner/manager. 5. The total number of tables and seats to be placed outside may not exceed the number of tables and seats displaced from inside the tenant space as a result of the mandated distancing /separation requirements. 6. No permit or fee will be required, however a copy of the landlord approval along with photos of the seating arrangement shall be filed with the Planning & Zoning Division. 7. On public property (public sidewalks and/or right-of-way), allow outdoor seating with approval of the City Manager, or their designee, following submittal of liability insurance acceptable to the Risk Manager of the City, and a sketch and photos depicting the proposed configuration of the tables and chairs. 8. Acceptable traffic, pedestrian and ADA circulation must be maintained. 9. The total number of tables and seats to be placed outside may not exceed the number of tables and seats displaced from inside the tenant space as a result of the mandated distancing / separation requirements. 10. Tables and chairs shall be placed within the enclosed tenant space at the close of business daily. 11 . A nominal permit fee will be required to cover this administrative registration process to include a minimal review, and inspection by staff when necessary. Commissioner Katz appreciate staff forward thinking to help the businesses. Commissioner Hay asked when this program will begin and where would it begin. Mr. Rumpf stated once approved the pilot program would begin immediately, Mr. Rumpf indicated the program was not geographic specific, but just to be handled on a case-by- case basis and of course through trial and error type of process so staff learn from it. 24 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 19, 2020 Vice Mayor Penserga stated this was a compromise to allow the merchants to be outside and sell their products. Requested clarification on the item, which says the development department will issue a certificate of acknowledgement of COVID-19 social guidelines upon posting of these applicable. He stated he believes this means restaurants can have a voluntary inspection and the City will give them a gold star and hopefully that will build consumer confidence. Knowing the restaurant has been inspected by the city and passed would allow for increase confidence for everyone. Mr. Rumpf explain the fast provision was added as staff started considering a program that is coming to us to employ temporarily displaced employees in the area to work temporary COVID-19 related tasks for the city. The Personnel agency is called CareerSource and that we start envisioning a possible position with the city that would go out and do this basic inspection. Vice Mayor Penserga indicated there was a mention of permit fees. Mr. Rumpf noted staff would need to review for proper passageway, indicated the cost would not be more than $35-40 dollars. Mayor Grant noted he was glad the City was moving forward to help the businesses Ms. LaVerriere wanted to thank James Cherof, City Attorney, for helping staff figure out how to be flexible as a government. Typically, all of these changes would require amendments to our code and that is a lot of time and a lot of work and we went to him and said we need help we want to be able to do this quickly and be able to respond to our businesses. Attorney Cherof figured out a way to get it done. Staff was able to do it through a pilot program under the emergency Declaration of the county in the state. Motion Vice Mayor Penserga moved to approve. Commissioner Romelus seconded the motion, which unanimously passed. 10. Old Business - None 11. New Business-None 12. Legal A. Proposed Ordinance 20-016 - First Reading - Discussion and direction regarding Advisory Board members and draft ordinance to consolidate and conform Boards. Attorney Cherof read proposed Ordinance No. 20-016 into the record on first reading by title only. 25 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 19, 2020 Attorney Cherof stated this ordinance consolidates and conform all boards into a new chapter, all are now consolidated into one place. Attorney Cherof pointed out just a few provisions. Selection of a Chair and Vice Chair by the city commission. The annual reappointment so much like the rolling over of the position of Vice Mayor at the Commission level this gives the Commission the opportunity to look at the individuals. Provisions for the commencement of terms on April 1st, these are staggered terms. Anyone currently on a board would not be jeopardized by the adoption of this ordinance. The rotation process would continue but the commission has the authority to make changes to the date. There is a provision for absenteeism; 6 absences annually of a board member would result in removal by ministerial action of the City Clerk. The individual just get a notice that says you have missed seven meetings and you are off the board. Then the Commission would appoint somebody, but there is no restriction on reappointing that same person. If the Commission was satisfied, there was some compelling reason to do that. That is generally the provisions. There is a clarification of something that is always been custom, and practice is that board members serve at the pleasure of the City Commission. So therefore, even though somebody is appointed they could be removed at any time by majority vote of the Commission. Motion Vice Mayor Penserga moved to approved proposed Ordinance No. 20-016. Commissioner Hay seconded the motion. City Clerk Gibson called the roll. The motion passed 4-0. (Commissioner Katz was not present during the roll call.) B. Discussion and authorization to terminate Franchise Agreement with FLSC, LLC., for textile recycling program. (Tabled to the June 2, 2020 Commission Meeting.) Motion Commissioner Katz moved to table the discussion and authorization to terminate Franchise Agreement with FLSCLL. Commissioner Hay seconded the motion, which unanimously passed. Lori LaVerriere, City Manager, stated she has been in communication with Florida textile and they will be ready to speak with the commission on June 2, 2020. Vice Mayor Penserga asked for the items from the future agenda to be sent to the commission for review prior to the meeting. 26 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 19, 2020 Ms. LaVerriere stated the Lake Park Accessory dwelling unit ordinance has not passed as soon as it does the document would be forwarded to the Commission. 13. Future Agenda Items A. ILA between the City and CRA for the BB Blvd. Extension Project Construction - $500,000 - June 2 B. ILA between the City and CRA for funding of the BB Blvd. Streetscape improvements - $205,000 - June 2, 2020 Consideration of an ILA between the City and CRA for CRA funding of the BB Blvd. Extension Project for $500K. - May 19, 2020. C. Funding agreement with FDOT for Complete Streets design of BB Blvd. improvement project - June 2, 2020 D. Provide update on potential sale of the Nichol's property to Pulte Homes - TBD 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 Hay moved to adjourn. The motion was seconded by Commissioner Katz and unanimously passed. The meeting was adjourned at 8:58 p.m. John McNally I.T. Director stated a recorded version of this session would be posted to the City of Boynton Beach YouTube channel. He noted that links to that channel are available on the City of Boynton Beach website and this concludes the meeting. (Continued next page.) 27 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 19, 2020 CITY •F BOYN •N BETH or - Steven B. Grant v. _ ;!7-4Iserga Commissioner— .•. ' on/ L. Hay r .—�ual Commission- C rist a Romelus • Wssi•ner— Justin Katz ATTEST: Cry tal Gibson, MMC City Clerk rueenester Nieves, CMC Deputy City Clerk 28 May 19,2020 City Commission Meeting Minutes Attachment"A" Public Comments—May 19,2020 Commission Meeting Agcla Name Comments E-mail and/or Physical Address Phone No. Date/Time Method Item No(s). Received Received 1. 8F(Ord.Nos. Matthew H. "Please deny proposed ordinance 20-005 because it would allow gas pumps and gas storage to matthew.zukowsky@gmail.com 561-445- 05/05/2020; E-mail 20-005 and Zukowsky,Esq. threaten public health in a densely populated area. 137 SW 13TH AVE 9471 2:00pm 20-006) BOYNTON BEACH,FL 33435 I am a resident at 137 5W 13th Ave,commercial real estate attorney,and(in 1 week)an LLM recipient from the University of Miami's Real Property Development program.I have not only learned of the dangerous risks posed by gas stations,but have worked with developers to develop gas station sites.I have also worked with commercial property owners impacted by hazardous leaks from ADJACENT properties that were active gas stations AS WELL AS historic gas station sites. There truly is no way to environmentally remediate the full scope of damage caused by gas station leaks.I have even seen fumes from underwater contamination make their way into the air of adjacent buildings,resulting in the adjacent properties being deemed unsafe and uninhabitable for residential and commercial use.Of course,by the time the true extent of the damage is realized,the responsible party is either long gone or using their vast resources to drain the complainants of their financial resources. Additionally,it was brought to my attention that an economic feasibility study was conducted to assess the demand for an additional gas station in close proximity to the existing station.It is my understanding the results of this study showed that the addition of the proposed gas station will cause an already operational gas station(or the proposed gas station)to become insolvent.If that were to occur,the insolvent gas station property will be marked with the"Scarlett letter"of having past usage as a gas station.The past use as a gas station will deter any other uses and the property will quickly fall into disrepair and neglect. Our neighborhood has such a beautiful past and extremely bright future.All the local residents I know grow produce in their backyards and allow the natural tropical beauty of the landscape to shine through.Most other areas in south Florida are filled with planned unit developments that are unrecognizable when compared side by side and hardly allow residents to plant a banana tree without prior consent of an HOA board. While an expanded 7-11 with a gas station could pad up the City of Boynton Beach's tax base,so could the rapidly increasing residential property values serve that end,particularly with hard- working blue collar homeowners who make the neighborhood so desirable. This email may come later than the 12 noon deadline,but that does not change the long-lasting and irreparable damage that could take place.To clarify,no one has an issue with the renovation of the 7-11 convenience store.The addition of the gas station is the sole concern,which is unnecessary and poses too great a risk to public health and property values to take a chance on." May 19,2020 City Commission Meeting Minutes Attachment"A" 2. 8F(Ord.Nos. Macline "We're calling about the residents of Forest Park community warning the neighborhood about None provided. 561-574- 05/05/2020; Phone 20-005 and Desjardins and the,I guess a new 7-Eleven gas station and we're voting for,'no'. And since we got the either the 4071 7:04pm Message 20-006) Annette Desir advertising paper or we don't know what it is,but we're calling up for the City Commissioners of Boynton Beach,letting you guys know that the new gas station you guys are setting up for 7- Eleven,we're voting,'no'. So,we don't want any gas stations being in the neighborhood,so," 3. 8F(Ord.Nos. Althea Iglehart "This is in regards to the vote for the new gas station that's up for vote on May Sth. I'm voting a 234 5W le Avenue,Boynton Beach, 561-906- 05/06/2020; Phone 20-005 and big,fat,'no'. We do not need another gas station. So,kindly ring me back or put my vote in. FL 33435 0031 11:33am Message 20-006) Again,my vote is,'no'for the new gas station. Thank you." 4. 8F(Ord.Nos. Deborah King "Deer City Commissioner.I'm a concerned neighbor who lives on Southwest 14th Avenue.I will be dking0917@gmail.com None 05/19/2020; E-mail 20-005 and living.Diagonally across the street from this proposed new huge 7-Eleven with I've heard 12 gas provided. 8:37am 20-006) pumps.I would like to voice my opposition to this project as that as I feel it will cause much harm to our neighborhood.Cars already speeding down this street to beat the red light on the corner have killed many pets and near misses on children as they try to cut through 1st street and back onto Woolbright. This would be a devastating addition to our neighborhood is it will be open 24/7 multiple cars coming and going all hours of the night,more than likely many people roaming our neighborhoods which has many family homes.I have lived in this neighborhood for 22 years and have witnessed multiple crimes at the 7-Eleven,people urinating in the parking lots,people panhandling for money and sleeping next to the dumpsters.Please reconsider City commissioners approval of this huge destruction of our neighborhood.There is also massive congestion on this corner is it is a very busy intersection.I have also asked for speed bumps along this road to slow traffic that speeds 40 mph from the corner to the stop sign one block away,however my request was never taken into consideration.I asked you to ask yourself would you want this on your neighborhood street I think not.Please do writers write for the families live in our neighborhood and abolish this proposal to increase traffic,Mayhem,crime and congestion to my neighborhood. Thank you very much. Signed Deborah King resident of Southwest 14th Avenue for 22 years" 5. 8F(Ord.Nos. Roberto "Hello. My name is Roberto Carbonell. I am a resident of Boynton Beach. I am calling concerning None provided. 954-624- 05/19/2020; Phone 20-005 and Carbonell the gas station expansion of 7-Eleven at Woolbright and Seacrest. I highly,highly oppose this 2306 10:33am Message 20-006) proposal. As a concerned resident,I do not propose that this moves forward;would definitely like to vote against it. This area is already congested and it's already highly a lot of traffic. We already have gas stations right there. We have the Racetrack and we have the Shell. We don't need another gas station in that vicinity. Thank you very much." 6. 8F(Ord.Nos. Roberto "Roberto Carbonell here,concerned resident leaving a message for council and meeting that the robcarbonell1@gmail.com 954-624- 05/19/2020; E-mail 20-005 and Carbonell idea of a gas station at Woolbright and Seacrest(7-11)is highly opposed.There's enough traffic 2306 10:39am 20-006) and congestion already there with 2 gas stations already in the immediate proximity.No need for a third.Please highly reconsider for the betterment of the location.Thank you." 7. 8F(Ord.Nos. Erica Martin "Regarding the 7-Eleven gas station expansion on Woolbright and Seacrest...Adding a gas station middlehitter5611@gmail.com None 05/19/2020; E-mail 20-005 and at this location is going to increase environmental impact and negative health problems for nearby provided. 11:27am 20-006) residents.The already congested corner of Woolbright and Seacrest will have more slowdowns and congestion,causing even more cars to go through our neighborhood. Please rethink your approval of this project for the good of your residents.Thank you." May 19,2020 City Commission Meeting Minutes Attachment"B" Public Comments—May 19,2020 Commission Meeting(Received After Noon 5/19/2020 Deadline) Agenda Name Comments E-mail and/or Physical Phone Date/Time Method Item No(s). Address No. Received Received 1. 8F(Ord.Nos. Matthew "Dear City Commission members, vrmirage@aol.com 954- 05/19/2020; E-mail 20-005 and Marziliano 122 5W 14th Ave 600- 12:06pm 20-006) After the results of the vote and comments of the Commission members during the May 5 Commission meeting,I Boynton Beach,FL 33435 4977 believe that the City Commission will approve 7-Eleven's requests for rezoning and waiving of existing set back regulation codes during the upcoming May 19 meeting. I am sure each of you have your reasons and justifications for making this decision,however,this will have a negative impact on the residents of this neighborhood, particularly those that reside on SW14th Ave.I know the arguments have been presented and your opinions decided,so I will not present them again. I do have a few requests for you to consider,to help reduce some of the most direct concerns of myself and my neighbors: Move the Fuel Vent Riser from the west side of the property to the east side,closest to corner of Seacrest and Woolbright. Depending on the exact location on the east side,this increases the distance from residential property by an additional 130-180 feet.As you are aware,one of the primary concerns of the residents is the potential for released fumes,so any additional distance from our homes is an improvement. Eliminate the pass through that exits directly on to SW14th Ave. This has been a concern from even the first presentation to the Forest Park neighborhood association.The 7-Eleven representatives at that meeting said they were willing to eliminate this feature. The convenience of being able to park at 7-Eleven and having this access has the potential to increase non residents intrusion into our neighborhood,sometimes with questionable motivations. Not having this pass through will not impede the neighborhood access,as we will simply walk a few more feet around the corner,as we have always done. Have 7-Eleven install at least one camera on the outside of their wall on SW 14th Ave,and have it tied into the Boynton Beach Police for monitoring.I had asked the 7-Eleven representatives if any of their cameras would cover the back of the property and was told that all planned cameras would only view within the walls. Having a camera at this location would likely decrease the chances of crimes in this area and provide video if anything should occur. Fully enclose the dumpsters to prevent attracting rodents and other vermin. The location of the dumpsters places them within 20 feet of my residential property line.Anything that can be done to reduce the likelihood of drawing rodents into the area will be an improvement. Limit delivery and pick up times for gas trucks,supply deliveries,and trash pick up to normal waking hours. Due to the design of the loading zone and trash location,trucks will have to back into this area. Typical backup alarms are between 97-112 decibels.The 6 foot wall will do little to block this sort of sound and the wall of my house is within 40 feet of the loading zone,with several other homes within 100 ft.Back up alarms going off at these volumes at 3 AM will be disruptive for the closest neighbors. May 19,2020 City Commission Meeting Minutes Attachment"B" I am hoping you will consider these requests to help reduce the impact on the local residences. I don't believe that any of the suggestions would create any significant burden to 7-Eleven or their expansion plans,nor to the goals of the City." 2. 8F(Ord.Nos. Thomas "Dear Commissioner Romelus,Mayor Grant,Vice Mayor Katz,Commissioner McCray and Commissioner Penserga: 141 Sw 14th Ave 561- 05/19/2020; E-mail 20-005 and Kane Boynton Beach FL 33435 358- 6:44pm 20-006) I was unable to attend tonight's 5/19/2020 COBB meeting,but would like to submit my comments on the following tkane2061@bellsouth.net 9223 agenda items:Regarding May 19,2020 COBB Meeting items F and G lasted below: F.Proposed Ordinance No.20-005-Second 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). 1. Proposed Ordinance No.20-006-Second Reading-Approve 7-Eleven 101 W.Woolbright Page 5 of 673 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. 7. 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.(Continued from the May 5, 2020 Commission Meeting.) I am writing you regarding the proposals by 7-Eleven(Southland Corporation)to expand the neighborhood convenience store located at 101 W.Woolbright Road into a large,one acre gas station/convenience store complex. My house is at 141 SW 14thAvenue. It sits only a few hundred feet from the proposed gas station. Please do not approve these proposals. 7-Eleven will tell you that they are doing this to help the neighborhood. I don't believe they care about their neighbors. They didn't even acknowledge their existence in their presentation to the Zoning Advisory Board. 7-Eleven is a multi-billion dollar company that wants to build a huge 24 hour/7 days per week/52 weeks per year gas park in order to drive business into their convenience store so they can make more money. Think about it,the store and gas station will never close! Please do not approve this to move forward. In order to get this done,7-Eleven(Southland Corporation)needs the COBB Commission to approve the following two proposals: • change the Future Land Use Map for properties on this block from Low and Medium Density Residential to Local Retail Commercial • change the zoning properties on this block from R-1-A and R-2 Single and Two Family Residential to C-2 Neighborhood Commercial May 19,2020 City Commission Meeting Minutes Attachment"B" Please do not do so. I moved to Boynton in 1981 and bought my house at 141 SW 14 Ave in 1996. My 81 year old mother lives there.My 11 year old daughter plays there her friends who live on the 100 block of SW 14 Ave.. I grew up in east Boynton and have driven by this 7-Eleven daily for 39 years. I have never needed to stop there for gas. This area does not need another gas station. This project will have many negative economic and quality of life impacts on the surrounding area: 1. The 7-Eleven will be open 24 hours and dramatically increase traffic and noise pollution in the adjacent areas. 2. It will be huge in size relative to the adjacent properties. The surrounding homes sit on lots that are less than .25 acres. This lot will be 4x their size. 3. People who bought into the neighborhood did so with the desire to live in a single/two family development. Not in a mixed use commercial neighborhood. 4. It will negatively impact adjacent property values. 5. Tens of thousands of gallons of hazardous materials(fuel and propane)will be stored on the site -within feet of children,elderly and other residents 6. Dangerous chemicals may be vented into the surrounding air 7. Traffic bleed off down SW 14 Avenue from Seacrest and Woolbright will get worse as people cut through the neighborhood 8. A pedestrian entrance into the neighborhood will increase unwanted traffic on SW 14 Ave. The community that lives on SW 14 Avenue is not a rich one and struggles to be labeled as middle income. However,we are hardworking and honest. We take pride in our houses and take care of each other. During hurricanes,floods and power outages the street pulls together. It deserves better than this. We do not deserve a huge,noisy,dangerous,disruptive and unwanted 24/7/52 gas station forced into the middle of our community. Please do not approve the two proposals 20-005 and 20-006. Please feel free to contact me with any questions or concerns. I appreciate your attention in this matter."