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Minutes 10-01-13MINUTES OF THE CITY COMMISSION MEETING HELD ON TUESDAY, OCTOBER 1, 2013, AT 6:30 P.M. IN COMMISSION CHAMBERS, CITY HALL, 100 EAST BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Jerry Taylor, Mayor Woodrow L. Hay, Vice Mayor David T. Merker, Commissioner Michael M. Fitzpatrick, Commissioner Joe Casello, Commissioner 1. OPENINGS A Call to order - Mayor Jerry Taylor B Invocation C. Pledge of Allegiance to the Flag led by Commissioner Casello Mayor Taylor called the meeting to order at 6:30 p m. Vice Mayor Hay gave the invocation followed by the Pledge of Allegiance to the Flag led by Commissioner Casello. Roll was called and a quorum was present. Mayor Taylor advised Commissioner Fitzpatrick would be arriving late D. Brand Promise Statement E. Agenda Approval: 1 Additions, Deletions, Corrections 1 Lori LaVerriere, City Manager James Cherof, City Attorney Janet Prainito, City Clerk The Brand Promise Statement was recited as follows: "It is time to take a look at Boynton Beach. Boynton Beach serves up waterfront dining, abundant shopping and lively entertainment." Mayor Taylor advised the City Attorney needed to add an Item as Legal, 13.D, Proposed Ordinance 13 -025 pertaining to Land Development Regulations, Second Reading and Public Hearing. Commissioner Merker wanted to discuss the subject matter of term limits. He felt there should be no term limits and the issue should be placed on the October 15 agenda for discussion Too often development of a City is stymied by term limits. Money spent is lost due to a change in leadership. The elections are non - partisan and more difficult for the candidates who are held responsible for any campaign statements. There is work ahead that the Commission needs the support of the citizens Commissioner Merker wanted a discussion among the Commission and the opinion of the residents. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL October 1, 2013 The subject has been discussed previously and should be placed on the November, 2014 ballot because more people will be voting. There is now civility on the Commission to move the City forward There is not total agreement and opposing opinions create a learning curve and then compromise He requested the Commission support his opinion and then the voice of the vote in November 2014 The citizens should elect and vote out of office the Commission members. Commissioner Merker reiterated his request to add the discussion to the October 15 Commission agenda. The second request was to have the Community Redevelopment Agency Board appointments postponed until after the March 2014 municipal election. The newly elected Commission should have the vote and not the Commissioners leaving office. Commissioner Merker wanted the postponement of those appointments on the October 15 Commission agenda CONSENSUS Mayor Taylor confirmed there was consensus to discuss the issue of term limits on the October 15 City Commission Agenda. CONSENSUS Mayor Taylor declared there was consensus to add the possibility of postponing the CRA Board appointments until after the March, 2014 election on the October 15 City Commission Agenda. Commissioner Casello requested pulling Item 6.J for discussion. Motion 2. Adoption Vice Mayor Hay moved to approve the agenda as amended. Commissioner Casello seconded the motion. Vote The motion passed unanimously. 2. OTHER A. Informational Items by Members of the City Commission 2 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL October 1, 2013 Commissioner Casello had attended the Coalition of West Boynton Residential Association (COWBRA) held at Venetian Isles with a guest speaker, Scheryl Steckler, Inspector General, who gave an overview of the responsibilities of her office. The 100 year anniversary of the Children's Schoolhouse Museum was celebrated and many staff and Commission members attended. Commissioner Casello commented he was impressed with the number of staff who voluntarily attended many functions after normal working hours. It is inspirational and made him proud to be part of the team. He had attended the unveiling of the adopted Forest Park done by Savannah Ashley. An artist reception was held at the Little House Restaurant and afforded the attendees an opportunity to meet the artists in the City. Commissioner Casello announced the "Read for the Record" program would be held on October 3` featuring the book "Otis" the Tractor and he would be participating. Commissioner Merker thanked Fire Chief Carter for the quick response to a local restaurant when a young man collapsed Vice Mayor Hay had gone to the Mayors' Literacy Luncheon at the Omphoy Ocean Resort where the City was challenged to defend their success last year and read to more children than any other City. Vice Mayor Hay had attended the Metropolitan Planning Organization (MPO) Board meeting and reported Florida East Coast Railway, Inc. agreed to pay for the upgrade of the railroad crossings. The City would then be responsible for the maintenance of the crossings. Vice Mayor Hay had been present to celebrate the 100 Anniversary of the Children's Schoolhouse Museum. He attended the workshop for the Boynton Beach Mental Health Initiative, as did Mayor Taylor. Another event Vice Mayor Hay had attended was the Palm Beach County League of Cities meeting and learned allowable individual campaign contributions had been increased to $1,000 for each candidate. Vice Mayor Hay had gone to the Business Development Board 4 quarterly luncheon and gathered information and networked with other municipal officials. He went to the Artist Reception at the Little House also He was celebrating his 48 wedding anniversary and thanked those in attendance for sharing the special occasion with him and his wife. Mayor Taylor wanted to emphasize the importance of the mental health initiative and their theme of "breaking the silence ". There is no shame in suffering with a mental illness, only the shame of not acknowledging the condition and seeking treatment. Treatment is available. Left uncared for, much more heinous events can follow. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 3 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL October 1, 2013 A. Presentation of a plaque of appreciation by the Mayor and Sr. Recreation Manager Virginia Shea to Savannah Lashley in recognition of her outstanding service in support of the Recreation & Parks Department and a brief PowerPoint presentation of the project. Wally Majors, Director of Recreation and Parks, recalled Ms. Lashley had called the City and indicated she was working on a Gold Medal Award, part of the Girl Scouts program Ms. Lashley presented a slide show of the improvements she had made at the Forest Park playground cleaning and painting the area and equipment. Mayor Taylor commended Ms. Lashley on her initiative and effort to obtain the materials, rally the volunteers and complete the work. The community should be very proud of Ms Lashley. Mayor Taylor presented her with a plaque in appreciation of her great work and the other Commissioners and City Manager offered thanks. B. Proclaim October 2013 as Reading and Literacy Month. Accepting the proclamation will be Darlene Kostrub, Chief Executive Officer and John Bartosek, Communications Officer. Mayor Taylor proclaimed October 2013 as Reading and Literacy Month. Ms. Kostrob outlined the many programs the Literacy Coalition offered in Boynton Beach and invited everyone to visit their new location in Quantum Park. Many of their programs are funded through the Children Services Council. John Bartosek, Communications Officer for Children Services Council, indicated they were delighted with the opening of the Literacy Coalition new offices and it strengthened the partnership in the City. A new literacy campaign was launched in the County last week. It is designed to promote reading to and with your children from infancy and was based on fairy tales Fairy tales cross all cultures, appeal to all ages and are engaging tales about hope and love. The theme is "happily ever after begins with reading ". C. Pursuant to Section 286.011(8), Florida Statutes, I am requesting a private attorney - client session of the City Commission to discuss pending litigation in the following case: 1. BOYNTON OLD SCHOOL PARTNERSHIP, LLC, Plaintiff vs. CITY OF BOYNTON BEACH, Defendant - Case No 502013CA011391XXXXMB AH (Breach of Contract) 2. BOYNTON OLD SCHOOL PARTNERSHIP, LLC, Petitioner vs. CITY OF BOYNTON BEACH, Respondent - Case No. 502013CA011436XXXXMB AY (Writ of Certiorari) Attorney Cherof asked the Commission publicly, pursuant to Florida Statutes, to conduct a closed -door session in two cases involving Boynton Old School Partnership, LLC versus City of Boynton Beach. He suggested the session be held October 8 at 5 4 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL p.m In attendance would be the members of the City Commission, City Manager, City Attorney, Mike Cirullo, Assistant City Attorney, and Lyman Reynolds, attorney of record in one of the two cases. 4. PUBLIC AUDIENCE October 1, 2013 INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Mike Karageorge, 240A Main Boulevard, thanked the Commission and Community Redevelopment Agency Board for their support of the St. John Missionary Baptist Church's 105th Anniversary. He commended Vice Mayor Hay and Commissioners Merker and Casello for supporting the Art on the Avenue reception. Lori Wilkinson, 2450 SW Cranbrook Drive, was present on behalf of the Greater Boynton Beach Foundation She announced on February 8, 2014 the second Barrier Free 5K Race/Walk/Run would be held in Hunter's Run. The barrier free park is open to people with all abilities. Another major piece of playground equipment needs to be purchased and the proceeds from the event would be donated for that cause. It would cost $35 a person to participate in the challenge Elliott Williams, 8892 Livingston Way, invited the Commission and City Manager to the 18 blessing of the animals at St. Joseph's Episcopal Church, October 6 with the services at 4 p.m. There would be a demo of the canine units from Boynton Beach and Delray Beach and the Mounties from the Sheriff's Office. There is an award given to people who go above and beyond as far as taking care of animals. Ms. Debby Majors would be given the award for the work she does uniting animals with disabled veterans. No one else coming forward, Mayor Taylor closed Public Audience. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following openings exist: Arts Commission: 1 regular and 2 alternates Building Board of Adjustment and Appeals: 3 regulars and 2 alternates Code Compliance Board: 2 alternates Community Relations Board: 3 regulars and 1 alternate Education & Youth Advisory Board: 1 alternate Financial Advisory Committee: 2 regulars and 2 alternates Historic Resource Preservation Board: 1 alternate Library Board: 2 alternates 5 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Motion Recreation and Parks Board: 1 regular and 1 alternate Planning and Development Board: 1 regular and 2 alternate Senior Advisory Board: 3 regulars and 1 alternate Special Events Ad Hoc Committee 1 regular and 1 alternate October 1, 2013 Commissioner Merker moved to accept William Orlove as a regular member of the Arts Commission Vice Mayor Hay seconded the motion. Vote The motion passed unanimously. There was another possible appointment that would be revisited when Commissioner Fitzpatrick arrived. Attorney Cherof noted the Building Board of Adjustment and Appeals is short two regular members and two alternate members. It is an important Board and he suggested each of the Commissioners reach out in the community to get applicants. Ms LaVerriere advised the Board only meets a couple times a year. 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. Approve the Bid for "ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES" Bid # 066 - 1412 -13 /MFD to the following four (4) companies: Ferguson, Fortiline Waterworks, HD Supply and Lehman Pipe on an overall basis, to the lowest, most responsive, responsible bidders who met all specifications with an estimated annual amount of $50,000, items will be ordered on an "AS NEEDED BASIS" B. Approve the Bid for "ANNUAL BID FOR THE PURHCASE OF CLEANING CHEMICALS AND JANITORIAL SUPPLIES" Bid # 064 - 1412 -13 /MFD to the following eight (8) companies. All American Poly, Calico Industries, Central Poly, Clean All Products, Dade Paper, HD Supply, Neeld Paper and Pyramid School Products on an overall basis, to the lowest, most responsive, responsible bidders who met all specifications with an estimated annual amount of $70,000 These items will be purchased on an "AS NEEDED BASIS ". 6 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL October 1, 2013 C. PROPOSED RESOLUTION NO. R13 -103 - Approve the revision to the Building Division fee schedule to add a category for streamlined low- voltage permitting. D. Approve the Bid for "ANNUAL SUPPLY OF PIPE FITTINGS AND ACCESSORIES" Bid # 067 - 1412- 13 /MFD to the following four (4) companies Ferguson, Fortiline Waterworks, HD Supply Waterworks and Mariflow and on an overall basis, to the lowest, most responsive, responsible bidders who met all specifications with an estimated annual amount of $95,000. These items will be purchased on an "AS NEEDED BASIS ". E. Accept the FY 2012 -13 Budget Status Report of the General Fund & Utility Fund for the eleven (11) month period ended August 31, 2013. F. PROPOSED RESOLUTION NO. R13 -104 - Amend the FY 2012 -2013 budget to adjust budgeted appropriations to provide spending authority to maintain and carry on the government of the City of Boynton Beach including operating expenditures, transfers to other funds, and necessary capital outlay for FY 2012 -2013. G. Approve payment to E -S Press Inc. in the amount of $10,881.38 to prepare /present a course on Emotional Survival for Law Enforcement facilitated Dr. Kevin Gilmartin and to waive the requirement to obtain three (3) written quote requirement due to the specific nature of this training course. To be paid from the Law Enforcement Education Fund. H. PROPOSED RESOLUTION NO. R13 -105 - Approve and authorize signing of an Agreement for Water Service outside the City Limits with D R Horton, Inc., (Vista Lago) for the property at 7080 Hypoluxo Farms Road, Lake Worth, FL. This property will contain 106 single family homes and clubhouse /pool. I. PROPOSED RESOLUTION NO. R13 -106 - Approve and authorize signing of an Agreement for Water Service outside the City Limits with CA Miami 7788 OMT LLC, dba Franklin Academy- Boynton for the property at 7928 S. Military Trail, Boynton Beach, FL. This property is used for a K -8 Charter School with an estimated 1,340 students J. PROPOSED RESOLUTION No. R13 -107 - Approve a Professional Agreement between Ballard Partners, Inc. of Tallahassee, FL and the City of Boynton Beach for "Appropriation Lobbyist Services "; RFP No. 075 - 1210- 13 /JMA for an annual amount of $50,000 plus expenses for the Fiscal Year 2013/14. Commissioner Casello had pulled this item for discussion and was concerned about the verbiage "plus expenses" without a figure or cap. He had discussed the issue with the 7 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL October 1, 2013 City Manager who assured she would monitor the expenses and keep the Commission informed Motion Commissioner Casello moved to approve the professional agreement. Vice Mayor Hay seconded the motion. Vote The motion passed unanimously. K. Approve the minutes from the Regular City Commission meeting held on September 17, 2013 7. BIDS AND PURCHASES OVER $100,000 A. Approve the issuance of a blanket purchase order for Fiscal Year 2013/2014 with the United States Post Office (USPS) in the amount of $140,000.00. Motion Vice Mayor Hay moved to approve. Commissioner Merker seconded the motion. Vote The motion passed unanimously. B. Award the piggy -back of the State of Florida Contract # 863- 000 -10 -1 for "New Tires" to : Easy Pay Tires, as the primary vendor , as a responsive, responsible bidder who met all specifications. Estimated contract expenditure is $175,000. Motion Vice Mayor Hay moved to approve. Commissioner Merker seconded the motion. Vote The motion passed unanimously. C Approve the one -year renewals to piggybacked bids for the procurement of chemicals for the Water Treatment Plants as outlined in the written report for October 2013 - "Request for Bid Extensions and Piggybacks" 8 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL 9 October 1, 2013 Motion Vice Mayor Hay moved to approve. Commissioner Merker seconded the motion Vote The motion passed unanimously. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. PROPOSED ORDINANCE NO. 13 -024 - FIRST READING - Request abandonment of portions of a 12 foot -wide Utility Easement located at Compson Place at Renaissance Commons, 1831 Renaissance Commons Boulevard, zoned SMU (Suburban Mixed Use). Applicant: Anthony Comparato, Compson Place Apartments, LLC. (TABLED ON SEPTEMBER 17, 2103) Attorney Cherof read Proposed Ordinance No. 13 -024 by title only, on first reading. Mayor Taylor called for a motion to remove the item from the table. Motion Vice Mayor Hay moved to remove the item from the table. Commissioner Casello seconded the motion. Vote The motion passed unanimously. Mayor Taylor called for a motion on Proposed Ordinance No. 13 -024. Motion Vice Mayor Hay moved to approve. Commissioner Casello seconded the motion. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Vote The motion passed 4 -0. (Commissioner Fitzpatrick had not arrived) 10. CITY MANAGER'S REPORT Motion October 1, 2013 A. PROPOSED RESOLUTION NO R13 -108 - Approve the request from the Florida Fishing Academy, Inc. to amend their lease agreement with the City for the use of the Bait Shop building at Oyer Park to also include the sale of various fishing related supplies and equipment Commissioner Casello moved to accept the amendment. Vice Mayor Hay seconded the motion. Vote The motion passed unanimously. B. Evaluate the Special Event Ad Hoc Advisory Committee to determine if the committee will become permanent or be disbanded. Vice Mayor Hay requested a staff report. Carisse LeJeune, Assistant City Manager, thanked the members of the Special Event Ad Hoc Committee who had worked for two years to put together a signature event. The Red Hot Chili Pepper Event was initiated and partnered with the Chamber of Commerce Blues Cruise Event. The reason for the recommendation was not due to lack of dedication or quality of the volunteers, rather the actual vehicle of the Committee itself. The Committee had been established at the request of a former Commission member to bring together all of the special events in the City under one umbrella. The City has changed with the establishment of an economic development division, Communication Manager, and a collaborative initiative with the City, CRA and Chamber of Commerce to organize events and share resources for economic development purposes. An advisory committee has to operate in the Sunshine and could not be an effective working committee without conversation outside the realm of the public audience meeting. Ms. LeJeune had spoken with all members of the Committee who have agreed they be added to the volunteer pool in conjunction with the strategic plan the Commission has worked on. Many projects over the coming year could involve contacting members from the volunteer pool to work on short-term projects. 10 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL October 1, 2013 Commissioner Casello thanked the members of the Special Events Ad Hoc Committee who were dedicated individuals who put their time and effort into their mission. There is redundancy in some areas and he was glad the members were willing to volunteer and continue to help the City in whatever capacity. Vice Mayor Hay agreed with Commissioner Casello and wanted to make sure the Committee received recognition for their accomplishments. They have not been given their due diligence in the past and should be recognized for their work. Vice Mayor Hay hoped they would be involved heavily in other areas. Mayor Taylor extended his appreciation too. However, now that the City is moving into another area with more cooperation among the Chamber, City and CRA, the Committee would no longer be needed. Motion Vice Mayor Hay moved to approve the disbandment of the Special Event Ad Hoc Committee. Commissioner Merker seconded the motion. Vote The motion passed unanimously. 11. UNFINISHED BUSINESS None 12. NEW BUSINESS None 13. LEGAL A. PROPOSED ORDINANCE NO. 13 -026 - SECOND READING - PUBLIC HEARING - Approve the historic designation application for the Boynton Hills Lights located along NW 1st Street, Boynton Beach. Attorney Cherof read Proposed Ordinance No 13 -026 by title only, on second reading. Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor called for a motion. 11 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Motion Commissioner Merker so moved. Commissioner Casello seconded the motion. Commissioner Casello inquired if the lights would have LED bulbs. Ms. LaVerriere indicated that was the intent, but there was difficulty finding adapters to fit the old poles. There is no power to the pole so the fixtures have to be solar. Commissioner Casello expressed concern the historical value would be altered. Warren Adams, Historic Preservation Planner, noted interior changes would not affect the historic character. Wiring the poles would have more of an impact than the proposed plans. Vote October 1, 2013 City Clerk Prainito called the roll. The vote was 4 -0. (Commissioner Fitzpatrick had not arrived) B. PROPOSED ORDINANCE NO. 13 -027 - SECOND READING - PUBLIC HEARING - Approve amendments to the Mobile Vending Unit regulations of the Land Development Regulations, Part III - Chapter 1, Article II; Chapter 2, Article II, and Chapter 3, Article V Attorney Cherof read Proposed Ordinance No 13 -027 by title only, on second reading. Mayor Taylor opened the issue for public hearing Jonathan Porges, Chair of the Greater Boynton Beach Chamber of Commerce, thanked the Commission for recognizing the organization as the voice of the business community. It was understood that mobile vending units have become very popular and if strategically located, could serve as unofficial ambassadors. The Chamber of Commerce could not take a position without the time to canvas the 600 member businesses for their input. Mr. Porges looked forward to working with staff and the Community for the appropriate outcome. Commissioner Merker opined the response from the Chamber was bleak He was concerned about the impact of the transient businesses on the established businesses. He suggested the matter should be postponed until the business community had a voice Gary Mehall, 1820 New Palm Way, indicated he had been working with Nancy Byrne and staff to control the decibel levels of the trucks and generators. Code Enforcement had decibel meter operations from 7 a.m. to 4 p.m and the food trucks are in the park from 5 p.m. to 10 p m. with no coverage during those hours. The Police Department did not have meters and he was informed that noise issues would be a low priority. 12 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Mr. Mehall advised there was a suggestion that the cost to have a City employee monitor the noise levels could be part of the assembly permit fee. He contended that Harvey Oyer Park did not facilitate the proposed requirements with residences on three sides. (Commissioner Fitzpatrick arrived at 7:33 p m.) October 1, 2013 Mr. Mehall pointed out the area that could be utilized was a grassy area with a pavilion and playground equipment. The area does not meet the guidelines and would not work. There are only 14 vehicle parking spaces and the remainder are designated for boaters. He recommended any assembly be held in non - residential areas with ample parking in commercial districts. If the rally continued in Harvey Oyer Boat Park, Mr. Mehall wanted to know who would monitor the event. He would appreciate the Commission's concern and urge that it not be allowed in Harvey Oyer Park. Mr. Mehall did note the Fire Department fishing tournament was a day time fundraiser. He reiterated he objected to the food trucks with all the noise during the evenings and into the night. Travis Murphy, 618 SW 2 Avenue, is a future food vendor. He agreed there should be some noise containment. Rules for private venues are appropriate, but it would be nice if the City of Boynton Beach could share in the food and excitement of a food truck rally like the surrounding cities are capturing. The City should become part of the solution rather than create more problems. He suggested a year trial period. Michael Yates, 1820 New Palm Way, lived in the condos at the south end of the parking lot utilized by the food trucks. He admitted he could hear the generators and they could be noisy, but with his glass doors closed, the generators are the same level of noise as the fishing tournament, 4 of July fireworks, children using the playground, lawn maintenance activities or idling of City and County vehicles in the parking area. The food trucks close at 9 p.m. and were gone by 10 p.m. while the public has access much later. Mr. Yates had walked the parking lot after the events and the most debris is left in the grassy area. The pavement is clean because the trucks police themselves He was 100% in favor of bringing them back as they want to be. Commissioner Merker asked if Mr Yates was one of the mobile vendors and Mr. Yates responded he was not a vendor No one else came forward to address the issue. Nancy Byrne, Director of Development, clarified each food vendor would be licensed through the City, if the business is domiciled within the City. There are multiple layers in the ordinance. The Boynton Beach license would have to be shown if a City vendor 13 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL October 1, 2013 goes to other cities There are many restaurateurs testing the market place using mobile vending before investing in brick and mortar. A generator enclosure can be used to mitigate the noise. If mobile vending is allowed, other vendors from other municipalities would have to register with the City of Boynton Beach and undergo safety inspections. Staff was asking to be able to register the individual mobile vending units and if a site invites mobile vendors, they should be registered vendors previously inspected and licensed with a permit through the Planning and Zoning Division. The applicant would have to submit a site plan and any conditions of use for an individual truck per half acre, up to three trucks maximum. Once more than three trucks are planned for an event, it would constitute an assembly that would have to be approved by the Commission. Noise is an issue Ms. Byrne had attended an event in another City and experienced the noise level and found the dogs barking were louder than the generators at 100 feet. Where only truck engines were utilized, normal conversation could be held within 50 feet of the trucks. The majority of trucks run off the engines. Some units had enclosures that were open. The recommendation of the Planning and Development Board was to attempt to mitigate the sound. If a level of 60 decibels at 100 feet from the trucks can be obtained, it is normal conversation level. If an assembly has several generators, a condition of a permit could include the assembly pay the City employee wages to use the meter and monitor the sound for the duration of the event. It could be determined the frequency that the employee and monitoring would be needed Staff would bring a standard set of conditions for each assembly request. It could include noise, hours of operation, location or entertainment. The conditions would be reasonable based on the application. The Commission would hear from both sides and make a decision. The assembly permits would be quarterly and mobile vending unit permits are annual. The event would never be so long the public would complain. Ms. Byrne would agree to a pilot period at the Commission's direction Commissioner Merker liked the pilot period. The key was the impact on the businesses and attracting businesses into the City. No response from the business community would be bothersome for Commissioner Merker. Mayor Taylor asked if any events were planned in the next 90 days. Ms. Byrne replied no applications had been accepted because the regulations do not allow mobile vending. Mayor Taylor conceded people enjoy the events, but he understood the concern about the noise. He supported and wanted to pursue Commissioner Fitzpatrick's previous suggestion of establishing an electrical board at Harvey Oyer Park to eliminate the generator usage. He would agree to a six -month or year trial period to gather more data and revisit the issue. 14 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL October 1, 2013 Vice Mayor Hay agreed with Mayor Taylor and advised he was surprised more businesses were not present to object to the item. Every effort was being made to ensure the noise levels were not exceeded at 100 feet The fact it would be re- evaluated and the permits would be issued quarterly would be sufficient monitoring. He agreed to move forward with the recommendations and continue to investigate the electrical situation to eliminate use of generators. Commissioner Casello offered the idea that the first assembly include the monitoring with the decibel meter to have scientific data before a final decision is made. Ms. Byrne agreed. Vice Mayor Hay felt the decibel monitoring should be in intervals rather than constant monitoring. Commissioner Fitzpatrick surmised staff would prefer a year trial period to establish a better base line Ms Byrne agreed the mobile vending unit permit would be for a year duration. The assemblies would be monitored each quarter. She did note the Code could be amended based on the data gathered. Motion Commissioner Casello approve Ordinance 13 -027. Vice Mayor Hay and Commissioner Fitzpatrick seconded the motion Vote City Clerk Prainito called the roll The vote was 5 -0. Commissioner Merker voted in favor with hesitation and reiterated he wanted feedback from the local businesses and neighbors. C. PROPOSED ORDINANCE NO. 13 -028 — FIRST READING - Adopt the update to the Boynton Beach Administrative Amendments to the 2010 Florida Building Code adding a manufacturing equipment permit valuation exemption Attorney Cherof read Proposed Ordinance No 13 -028 by title only, on first reading. Motion Vice Mayor Hay moved to approve. Commissioner Casello seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5 -0. 15 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Vote The motion passed unanimously. 14. FUTURE AGENDA ITEMS B Renaming of Oceanfront Park - 10/15/13 16 October 1, 2013 D. PROPOSED ORDINANCE NO. 13 -025 — SECOND READING — PUBLIC HEARING - Approve amendments to the Land Development Regulations (LDR) modifying gross floor area regulations, off - street parking requirements, food preparation, and entertainment associated with accessory tasting rooms Staff - initiated. (This item was added to the agenda) Attorney Cherof read Proposed Ordinance No. 13 -025 by title only on second reading. Mayor Taylor opened the issue for public hearing and no one came forward. Motion Vice Mayor Hay moved to approve the Ordinance. Commissioner Casello seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5 -0. Mayor Taylor returned to the advisory board appointment for the Senior Advisory Board that was assigned to Commissioner Fitzpatrick. Motion Commissioner Fitzpatrick moved to appoint Denise Chamberlain to the Senior Advisory Board Vice Mayor Hay seconded the motion A. Announcement of Public Meeting to be held at the Carolyn Sims Center at Wilson Park (225 NW 12th Avenue) on October 24, 2013 at 6:30 p.m. for the purpose of updating the Heart of Boynton Community Redevelopment Plan C. Approve amended Ordinance providing for use of Special Magistrate for Code Enforcement/Lien Reduction Hearings - 10 -15 -13 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL 15. BRAND PROMISE STATEMENT "BREEZE INTO BOYNTON BEACH - AMERICA'S GATEWAY TO THE GULFSTREAM" Those present recited the Brand Promise Statement 16. ADJOURNMENT There being nothing further to come before the Commission, Mayor Taylor properly adjourned the meeting at 7:54 p.m. ATTEST: t M. Prainito, MMC Clerk J ith A. Pyle, CM eputy City Clerk CITY OF BOYNTON BEACH loner ►� a M 17 e Mayor Joe Commissioner October 1, 2013 mmissioner