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Minutes 11-03-15PRESENT MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BLVD., BOYNTON BEACH, FLORIDA ON TUESDAY, NOVEMBER 3, 2015 @ 6:30 P.M. Gerald "Jerry" Taylor, Mayor Joseph Casello, Vice Mayor David T. Merker, Commissioner Mack McCray, Commissioner Michael Fitzpatrick, Commissioner 1. OPENINGS A. Call to Order - Mayor Jerry Taylor Lori LaVerriere, City Manager James Cherof, City Attorney Janet Prainito, City Clerk CLOSED -DOOR SESSION to be held on November 3, 2015 at 5:00 p.m. for a private attorney /client session to discuss pending litigation in the case of Dennis Galindez and Marla Galindez, his wife, Plaintiffs vs. City of Boynton Beach, Defendant - Case No. 50 2015 CA 002413 Al (The closed -door session was cancelled.) Mayor Taylor called the meeting to order at 6:30 p.m. Invocation The Invocation was offered by Commissioner McCray. Pledge of Allegiance to the Flag led by Commissioner Michael Fitzpatrick Commissioner Fitzpatrick led the reciting of the Pledge of Allegiance to the Flag. Roll call revealed all members were present. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Taylor added Item 3.E would be a discussion relating to the movie, Rebels with a Cause. 1 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Motion 2. Adoption 2 NOVEMBER 3, 2015 Commissioner Fitzpatrick had a minor correction to the minutes. Where it says five inch plywood, it should be five - eighths inch plywood. Commissioner McCray moved to approve the agenda as amended. Vice Mayor Casello seconded the motion. Vote The motion passed unanimously. 2. OTHER A. Informational items by Members of the City Commission Commissioner Fitzpatrick had been out of town. He did have a breakfast meeting with CDM Engineering to discuss the design /build process and the use of union subcontractors. Vice Mayor Casello attended the Family Dollar Store ribbon cutting, a new business on MLK Boulevard. It was hoped it would become an anchor for further development. He went to Chief Katz's town hall meeting with his staff at Village Royale. It was informative and well attended. The Commission participated in the Read for the Record program for the Literacy Coalition. Vice Mayor Casello disclosed he had lunch with CDM Smith who does many utility projects. Mayor Taylor announced on November 4th the Dimensional Harmony Choir would be performing at Boynton Beach Community High School at 7 p.m. They have been invited to England to perform. The performance is a fundraiser. It would be $10 per person to attend. The group has won awards all over the United States. Mayor Taylor had gone to the Police Town Hall meeting, the Pirate Fest and the League of Cities luncheon and meeting. He reported the County Commission on December 15 would consider approving the use of recreational marijuana. The limitation would be 20 grams that would roll approximately 15 joints. County Fire Rescue inquired if the cities would support a one - cent surtax and be placed on the ballot for the upcoming election. There was mixed reactions from the municipalities. The County was also considering a one -cent tax for infrastructure improvements. This would mean with a 6% sales tax, if the County is allowed it would go up to 7% and if the Fire Department assessed a tax, there would be MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL NOVEMBER 3, 2015 an 8% sales tax. The school board is also discussing the addition of a surtax. No decisions have been made. Mayor Taylor would continue to keep the citizens informed. Mayor Taylor expressed his thanks and appreciation to the residents of Hunters Run. They generously donated $20,000 to five organizations; the Boynton Beach Police, Boynton Beach Fire, Barrier Free Park, Caridad Center and the Food Kitchen. Vice Mayor Casello asked if the proposed tax increases were a one -cent sales surtax or 1%. Mayor Taylor advised it was a one -cent surtax. Commissioner Merker indicated because he resided in Hunters Run he was very proud of their efforts. In the State of Ohio medical marijuana was on the ballot and he looked forward to the results of the vote. The key issue with medical marijuana is control and education. Commissioner Merker was present for the ribbon cutting at Family Dollar. It was an honor for him to be at Reverend Sylvester Banks' Church and experience the respect for mankind that was demonstrated. He was awed with Bishop and Mrs. Banks' lack of anger in the loss of their family member. The family seeks the truth. The respect he gained was a privilege and honor. Their respect for mankind was touching. Mayor Taylor further mentioned the marijuana legislation would include the unincorporated areas. The cities would have the right to opt in; however, if the language changes and it becomes county -wide, the Cities would have the right to opt out. Commissioner Merker recalled in regard to medical marijuana, the City should be proud it is leading the way by offering its opinion. It is important everyone learn and understand the need for medical marijuana. If it passes on the ballot it would be just the beginning to learn more. Mayor Taylor clarified the Commission had not taken a position on the issue. The City Attorney was asked to bring the Commission more information. Commissioner McCray attended the 501(c)(3) Non - Profit Showcase luncheon held at Bethesda Memorial Hospital, East Boynton Wildcats homecoming celebration and returned to Poinciana Elementary School to read Not Norman: A Goldfish Story. He went to the Pirate Fest, the Recreation and Parks survey meeting at Intracoastal Park and met with Michael Byrd, Lori LaVerriere, Jeff Livergood and Wally Majors regarding the press box at Hester field. He thanked Chief Katz for his assistance during the Corey Jones funeral arrangements. Vice Mayor Casello commended the Police Officer who assisted a mother and two small children who were homeless. There is an ongoing fundraiser to assist the homeless family. 3 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL NOVEMBER 3, 2015 Commissioner McCray advised he had met twice with the Banks family, Fuller Brothers Funeral Home, Lori LaVerriere, Assistant Chiefs Harris and Snow and Ms. Slater, the Public Information Officer. He particularly commended Assistant Chief Snow for her professionalism. He thanked the entire staff of the Police Department and the Recreation and Parks Department for making several City facilities available for the family and friends of Corey Jones. The Police Department ensured that the citizens of Boynton Beach remained safe throughout the procession and services. Commissioner McCray thanked the Mayor and Commission for their letters of condolences to the Banks and Jones families. On behalf of Commissioner McCray's family he thanked everyone for their thoughts and prayers while the family suffered through some trying times. Commissioner McCray was present for the ribbon cutting ceremony for Family Dollar and the town hall meeting with Chief Katz at Village Royale. Commissioner Merker offered kudos to the Community Redevelopment Agency staff for the Pirate Fest. The attendance was overwhelming and the vendors were in favor of returning to an even larger event. Commissioner Fitzpatrick extended his condolences to the Corey Jones family. It was a great tragedy. He also announced the Sierra Club Loxahatchee Group 2015 Environmental Champion would be honored at a meeting this Saturday. This year's recipient was Commissioner Fitzpatrick. He accepted the award but felt it should go to County Commissioner Paulette Burdick for her defense of the Ag Reserve. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS Mayor Taylor recognized the five scouts and leaders who were present to earn their merit badges for citizenship and community. They were the future leaders of the City and the country learning about their community and government. Commissioner McCray noted he was a former Boy Scout and Commissioner Fitzpatrick concurred, pointing out he was a member of Troop 395 and transferred to Troop 222. He achieved an Eagle Scout with a Bronze Palm and he has made it to the Commission. A. City Hall will be closed on Veterans Day, Wednesday, November 11, 2015. Mayor Taylor announced the closing of City Hall for Veterans Day. B. City Hall will be closed for the Thanksgiving holiday on Thursday, November 26 and Friday, November 27, 2015. 4 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL NOVEMBER 3, 2015 Mayor Taylor reiterated City Hall would be closed both Thursday and Friday for Thanksgiving this year. C. Announcement by Recreation & Parks Director Wally Majors regarding the "Looney Dunes Fun Day" event, which will be held at Oceanfront Park on Saturday, November 14 from 9 a.m. to 11:00 a.m. Wally Majors, Director of Recreation and Parks, invited everyone to attend another in the series of "Play Unplugged" events. It would be held on Saturday, November 14 at Oceanfront Park from 9 a.m. to 11 a.m. There would be many fun activities for everyone and parking fees would be waived for the event. D. Presentation by Jorge Pesquera, CEO, Discover the Palm Beaches (formerly known as the Palm Beach County Convention and Visitors Bureau), regarding Palm Beach County's tourism efforts, including those within Boynton Beach. Jorge Pesquera, CEO with Discover the Palm Beaches, thanked the City and Community Redevelopment Agency staff for assisting with the promotions. The tone has been set for the type of collaboration that was hoped to be achieved. With the addition of Boynton Beach, "We are Better Together" is the theme of the current campaign. His organization was a private non - profit organization contracted with the County of Palm Beach. The organization is the keeper and custodian of the brand. A brand promise was developed to represent the purpose of the organization in the world of travel and tourism. There is a real invitation to have people come and discover the Palm Beaches that opens the door to more visitors. They acquire visitors and deliver the right message, at the right time, to the right audience. Public relations is the driver to get the message of the brand and make people aware of the destinations in Palm Beach County. Knowing the competition is the key to develop better strategies to lure their customers to Palm Beach County. A number of TV commercials were created and some specifically targeted Atlanta, Miami and Orlando drive markets. One of the commercials was displayed. The mission is to enhance the economy of Palm Beach County and create jobs through increased travel and tourism. People come and stay, eat, shop and have a great time. The brand promise captures the goals and mission of the organization. The Palm Beaches is the best way to experience Florida because no other County in the State of Florida gathers the number of best in class experiences as in Palm Beach County. There is the best in class for fishing, luxury hotels, equestrian events and much more. We are the community where genuine hospitality is a way of life, breathtaking beauty occurs naturally and it is a place where anyone can have the time of their lives. There have been 6.3M visitors the past year with a forecast for 2015 generating $43M in bed taxes that are reinvested in the area such as beach re- nourishment, development 5 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL NOVEMBER 3, 2015 of the Convention Center and garage, new ball parks and much more. There have been 67,000 jobs created that cannot be outsourced anywhere else around the world. There has been $7.6B in economic impact that trickles down to every sector of the economy. Of the 6.3M visitors, 3.5M came from domestic, out -of- state, primarily from New York, Boston, Atlanta, DC and Chicago. There have been 2M visitors from Florida residents. Florida is now the third most popular State in the Union. It is a critical market. The International visitors total 800,000 primarily from the UK, Canada, Columbia and Brazil. There are many more statistics than can be shared with the cities for developers and lawyers to promote new products for the tourism section. People come to Palm Beach County for the beaches. It is the only county in the State of Florida that has the name "beaches ". Visiting friends and relatives are a critical part of the numbers. Friends and family should be encouraged to come more often. Heather Andrews, Senior Director of Industry Relations discussed the partnership program. The City of Boynton Beach is a signature partner of Discover and showed some examples of the exposure the partnership has offered. Many local residents source the website, but for the most part we take the message of "Catch Boynton Beach" to the rest of the country. She encouraged visiting their website at palmbeachfl.com. The City of Boynton Beach is featured on the home page in a rotation. The City's events are promoted through the website and other channels. They work with the City on social media with 67,000 followers through Facebook. The City is included in the visitor's guide that distributes special offers with access to the industry research and customized marketing programs. There are 1.2M visitors per year and 15,000 people per month on the home page if not more. There are also subpages that capture the "Catch Boynton" phrase. It is the only partner City that is being featured in the section at this time. Work was done in conjunction with the CRA to promote the Pirate Fest. It was an extension of the local efforts. Over 100,000 Insider's Guides were distributed including promotion of the Pirate Fest and Boynton Beach. The Company also uses Twitter and Instagram to promote any events. The Pirate Fest was featured in their event fanatic newsletter. Over 150,000 people receive the newsletter on a monthly basis. Visitors to the area want to know the exclusive gems that exist and the City and CRA can help tell the story to the visitors. It is a unique relationship. Their point for the next year is community engagement and it sets the example for all other cities. Mr. Pesquera stressed the City should be proud. The City has great opportunity for tourism development. The City has some of the best diving opportunities and is the closest point from 1 -95 to the beach anywhere along the eastern seaboard. He looked forward for more opportunities. An elevator speech has been created that advised coming to Palm Beach is the best way to discover Florida because it captures all the best in class experiences. It is a 6 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL magical collection of small cities and towns that collectively deliver the very best there is in Florida. If the elevator continues to the top, it can be said it is Florida's cultural capital, Florida's Golf Capital and America's first resort destination. Tourism in grand style got started in the State with Henry Flagler building the beautiful hotels in 1895 and 1896. To the top floor in the elevator, the message would be from north to south Boynton is in the middle and from east to west from Palm Beach to the Lake and the Glades. There would be many niche experiences. There is so much to say about Palm Beach County and the Palm Beaches. He thanked the Mayor for the opportunity to address the Commission and hoped it was helpful. E. Discuss movie titled Rebel with a Cause Mayor Taylor noted the movie would be aired November 5 at the Library. Carisse LeJeune, Assistant City Manager, offered the movie is a beautiful film spotlighting a battle ove,r land that changed the American landscape forever. In the 1950s an original California effort became a hard - fought campaign to preserve public land. It is a feel - good movie. The movie illustrates how ordinary individuals have the power to affect change. It has been shown at international film festivals and received a special award for Best Documentary in 2012 and a Special Award for Environmental Leadership from the Marin Conservation League. She invited everyone to the free showing of the movie at the Boynton Beach Library on Thursday, November 5 at 6 p.m. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Commissioner McCray reported he had received a phone call from Margaret Newton, a concerned citizen, complaining about the traffic when attempting to cross Seacrest Boulevard at Ocean Avenue. She was assured Commissioner McCray had met with the CRA Director, City Manager and Chief Katz to resolve the problem. Lesley Johnson, 1829 New Palm Way, thanked Colin Groff and Angela Prymas who helped update the stormwater drainage in her community. Their response was quick and she was very grateful Harry Woodworth, 685 NE 15 Place, President of INCA (Inlet Cove Associations), commented the Pirate Fest was exceptional. Mr. Woodworth had gone to a town hall meeting with Representative Hagar who discussed the sober home legislation that would allow cities to enforce the Code and Land Regulations. Representative Hagar discussed unfunded municipal pensions. It was an awesome meeting. INCA residents also attended the town hall meeting in Village Royale that was very informative. He asked if there were plans for the City Manager and Commission to do town hall meetings to have less formal dialogue with the residents. 7 NOVEMBER 3, 2015 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL NOVEMBER 3, 2015 Christopher Burdick, CRA Special Events Coordinator, announced November 6 the movie being shown at the amphitheater would be Back to the Future and on November 20 the Music on the Rocks concert would feature music by Making Faces from 6 to 9 p.m. at the amphitheater. The food truck invasion would partner with the CRA for the concert. Karen Ho, 1565, 1560, 1305 Via de Peppi in Renaissance Commons, had previously been before the Commission to complain about how the homeowner board members and the Gulfstream Service Management spent homeowner association monies. She came before the Commission alleging improper acquisition of properties by a board member and fraudulently obtaining mortgages. She contended a regulation was needed restricting board members from using inside information to acquire properties. Mayor Taylor advised the City did not have control over homeowner associations. Ms. Ho had filed complaints with the Police Department and would go to the Attorney General's office, if necessary. She wanted to place her complaints in public record. Debby Coles- Dobay, Public Arts Manager, invited the Commission and Public to a reception November 4 from 5:30 to 7:30 at the City Library to meet the group of artists called, Artists In Florida. Their exhibits will be on display for a couple more months on the second floor of the City Library. Pastor Richard Dames, 7284 Boynton Beach Boulevard, remarked tragedy surrounds everyone, everywhere. On June 17, 2015 it infiltrated into his house of worship. As President of the Boynton Beach Coalition of Clergy, he thanked Chief Katz for allowing Sergeant. Aikens and Officer Martins to educate 17 houses of worship on how to be safer during their services. Certificates of Appreciation were read and given to Chief Katz. Commissioner McCray had attended the symposium and it was a job well done. Reverend Keith S. Moore, 7284 West Boynton Beach Boulevard, presented a Certificate of Appreciation to Chief Katz for his assistance during the recent funeral and time of sorrow for the Jones and Banks families. Rae Whitely, had spoken with different cities relating to the death of Corey Jones and most wee amazed at the dedication of the City of Boynton Beach Police Department to provide an escort from the services to the cemetery. He thanked the Department for their professionalism and dedication. Mayor Taylor thanked the members of the clergy for recognizing the Officers. It is this type of interaction between the citizens and the police force that cements the City together. it makes the residents aware that the police are willing to help them. 8 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL NOVEMBER 3, 2015 Reverend Bernard Wright, 713 NW 2 Street, commended the City and Jeff Livergood, Director of Public Works and Engineering, on their responsiveness to complaints about issues in the Heart of Boynton Beach. He did complain about no sidewalks on 4 Street going toward Galaxy Elementary and children have to walk on the street. Mayor Taylor advised in his neighborhood the streets are full of children walking to the school bus because there are no sidewalks. The drivers have to be aware and be careful. The entire City does not have sidewalks. Commissioner McCray mentioned there was a plan for sidewalks on 4 Street and Mr. Livergood could provide an update. It has been reviewed. Lawrence Gordon, Vice Mayor of the Town of Haverhill, introduced himself as a candidate for County Commission District 7. He hoped to work with all the residents in his area. People need to be involved in government. Tom Duran, Troop 395, thanked the Commission for allowing his troop to attend the meeting. The Scouts had to leave the meeting to get ready for school the next day. No one else coming forward, Mayor Taylor closed public audience. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (NN Stu) openings exist: Building Board of Adjustments and Appeals: 1 Alt Education and Youth Advisory Board: 1 Stu Golf Course Advisory Committee: 1 Alt Recreation and Parks Board: 1 Alt Senior Advisory Board: 1 Reg and 2 Alts Motion Commissioner Fitzpatrick moved to appoint Alana Thomas as a student member of the Education and Youth Advisory Board. Commissioner McCray seconded the motion. Vote The motion passed unanimously. 6. CONSENT AGENDA 9 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL 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 piggy -back of Palm Beach County School District bid #16C -7T Term Contract for HVAC Mechanical Contractors with Stokes Mechanical Contractor, Inc. of Lake Worth, FL in the amount of $36,024.00 to furnish and install a new Trane Certified Blower Assembly at the West Water Treatment Plant. B. Approve the minutes from the Regular City Commission meeting held on October 20, 2015. C. Approve the purchase of replacement submersible sewage pumps from Custom Pump & Controls, Inc. of Weston, FL in the amount of $28,212.00 for lift stations #303, #520, and #806. D. Accept fourth quarter (July 1 - September 30) report on operations of the Schoolhouse Children's Museum and Learning Center for FY 14/15 E. Approve award of the bid for "Printing and Mailing Services ", Bid No. 076 - 1210-15/JMA to Tribune Direct of Deerfield Beach, FL for the printing and mailing of the City of Boynton Beach Annual Report and 2016 Calendar, for an estimated cost of $31,500 - $42,000 depending on final layout and actual number of copies printed and mailed. 7. BIDS AND PURCHASES OVER $100,000 10 A. Approve Xylem Water Solutions USA, Inc. of Riviera Beach, FL, as a Sole Source for the purchase of parts and repair services on Flygt pumps on an "As Needed Basis" for the fiscal year 2015 -2016, the average annual expense for the last three (3) years has been $150,000. Motion NOVEMBER 3, 2015 Commissioner McCray moved to approve the purchase. Commissioner Fitzpatrick seconded the motion. Vice Mayor Casello understood the goal was to maintain the pumps the City currently owns. Colin Groff, Utilities Director, explained the pumps are no longer the City's standard, but the 400 existing pumps have to be maintained until they wear out. The submersible pumps last between eight and ten years and are rebuilt for another eight to ten years' life and then a replacement pump is purchased that is the new standard. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Vote The motion passed unanimously. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS NOVEMBER 3, 2015 Motion A. Approve the negotiated workers' compensation settlement of $49,085.94 in the case of Gregory Kenny v. City of Boynton Beach. Mayor Taylor advised the case involved a police officer that was injured in a traffic accident while on duty. Risk Management was recommending the settlement. Commissioner McCray moved to approve the settlement. Commissioner Fitzpatrick seconded the motion. Vice Mayor Casello inquired if the Officer had returned to duty. Mayor Taylor indicated the Officer would need continual therapy and work for the rest of his life. Vote The motion passed unanimously. B. Review and approve proposed settlement in the matter of C.M. v. The City of Boynton Beach and Stephen Maiorino, Case #2014 CF011229 - AMB pending in the Circuit Court of Palm Beach County Mayor Taylor indicated the insurance company negotiated the settlement. The City will not pay any monies. The amount of the settlement is $875,000. Motion Vice Mayor Casello moved to approve the settlement. Commissioner McCray seconded the motion. Commissioner McCray noted further litigation would have cost much more. He expressed concern because it appeared the victim sought relief from the City and not the Officer involved. It is a civil suit because it is not coming out of the General Fund. It is hard to comprehend. Commissioner Merker was concerned about the ultimate effect on the rates. It is unfortunate it happened. He would follow the recommendation of staff. 11 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Mayor Taylor reiterated the settlement was recommended by the insurance carrier. Commissioner Fitzpatrick had spoken to the press about the incident immediately following the incident. At the time he commended the Chief and Police Department for immediately investigating and acting on the complaint. He regretted he never acknowledged the emotional pain of the victim and recognized it now and believed it would never happen again in the City of Boynton Beach. Vice Mayor Casello commented it was a well- documented case and the Officer was found innocent of the criminal charges. The settlement is for a civil case. The burden of proof is less in a civil case and why a settlement is being considered. It was a disgusting situation. With the checks and balances in place in the Police Department this could not happen again. Vice Mayor Casello shared Commissioner Merker's concern about the future insurance rates. He understood the City had to pay the first $200,000 of the $875,000. His heart went out to the victim and to the police officer's family. Commissioner McCray pointed out the victim was initially asking for $2M and the settlement is for $875,000. Vote NOVEMBER 3, 2015 The motion passed unanirnously 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 10. CITY MANAGER'S REPORT - None 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS - None 13. LEGAL A. PROPOSED ORDINANCE NO. 15 -024 - SECOND READING - PUBLIC HEARING - Approve Petition to Expand Boundaries of Boynton Village Community Development District. (TABLED TO 11/3/15) (This items continues on the table to 11/17/15) 12 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL NOVEMBER 3, 2015 B. PROPOSED ORDINANCE NO. 15 -029 - SECOND READING - PUBLIC HEARING - Approve amendment to Chapter 14, Section 14- 9-- Disabled Parking Regulations to be consistent with Florida Statutes. Attorney Cherof read Proposed Ordinance No. 15 -029 by title only, on second reading. Mayor Taylor opened the issue for public hearing and no one came forward. Motion Commissioner Merker moved to approve Ordinance 15 -029 on second reading. Vice Mayor Casello seconded the motion. Commissioner McCray asked the City Attorney to explain there was language in the document that had to be corrected. Attorney Cherof advised there was language that needed to conform the City's current Code to the requirements of State law. Mayor Taylor noted one -third of the fines received from disabled parking violations would be designated to pay for ADA (Americans with Disabilities Act) improvements in the City. Vote City Clerk Prainito called the roll. The vote was 5 -0. C. PROPOSED ORDINANCE NO. 15 -030 - SECOND READING - PUBLIC HEARING - Approve amendments to the Land Development Regulations (LDR), Part 3, Zoning, Article IV. Use Regulations, Section D, Use Matrix & Notes that support continued operation of existing gas stations in desirable locations within the City by, in part, changing the permitted and conditional use status for Gasoline Stations within the C -2, C -3, C -4 and PCD Zoning Districts, and the addition of Gasoline Stations as an allowed use within the Planned Industrial Development (PID) Zoning District. Applicant: City initiated. Attorney Cherof read Proposed Ordinance No. 15 -030 by title only, on second reading. Mayor Taylor opened the issue for public hearing. Peter Feaman, with offices at 3695 West Boynton Beach Boulevard, spoke on behalf of a consortium of independent gas station owners along North Federal Highway. He supported the Ordinance with one exception, subsection 11 under 46.A. It states the additional language in the Land Development Regulations would read, ". . . gasoline stations shall be permitted uses if located greater than 200 feet from a boundary of a residential zoning district." Mr. Feaman requested the language be amended to read 250 feet rather than 200. The concern was on the south end of Federal Highway where 13 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL a large box store is located close to a residential community. The 250 foot regulations would not allow the addition of 20 gas pumps on that site. The concern is the local gasoline stations could be put out of business by a big box store installing a gas station in the area. Their gas is sold at cost rather than a profit margin simply to attract customers to the store. There are other large box stores that sell gasoline for less in the area. Mayor Taylor had inquired and learned Mr. Rumpf, Planning and Zoning Director, did not feel the extra 50 feet to 250 feet would be a problem. Mr. Rumpf clarified the incorrect section was mentioned by Mr. Feaman. The portion for discussion is under PCD, C(3) which is 200 feet. If there is one site where this is a concern, namely the Walmart site on South Federal Highway, 200 feet would force gas pumps up against the building itself which has to be clear for circulation around the building and fire lanes. The site is at capacity for parking and would have to sacrifice considerable space to redesign the property to have pumps outside the current 200 feet and eliminate parking spaces. It would require Commission approval of a variance for parking even with the Smart parking requirements. The origin of the 200 feet was to maintain consistency in the regulations. It is not arbitrary. It was taken from the existing PCD portion. It would not matter if the big box store was zoned C -3 or PCD. It would be a decision of the Commission. The 250 feet would not accomplish more than the 200 feet accomplishes with the current regulations. Mayor Taylor did not have a problem increasing it to 250 feet. Commissioner Fitzpatrick understood the only viable location for gas pumps at the site would be directly in front of the store entrance. It does not seem practical with the safety concerns and loss of parking to consider installing gas pumps. Commissioner McCray had been approached and expressed his opinion that the City needs to protect those individuals already in business and be business friendly. He did favor an increase to 250 feet. Vice Mayor Casello asked if it would conflict with the other non- conforming stations. Mr. Rumpf advised it would not apply to any other stations that are meeting all the other requirements of C -2, C -3 and C -4 zoning districts. It would be those exceptions where it is exempt from the intersection requirements, under a PCD or big box characteristics. Mr. Rump: noted the annexation of Sam's Club to add gas pumps would not be allowed under the new regulations. Motion Commissioner McCray moved to change the distance to 250 feet and approve the Ordinance. Vice Mayor Casello seconded the motion. 14 NOVEMBER 3, 2015 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Mr. Rumpf suggested maintaining consistency in both sections to 250 feet. It would be easier for staff to administer the regulations. It would be C.3 in the All Districts section. It would be under B.3, exceptions to requirement for location intersections and stated above under section A.1. When a gas station is accessory to a principal retail use and when all requirements applicable to the PCD are satisfied, thereby referencing section C.3 that is the 200 foot distance separation. Motion Commissioner McCray moved to amend his motion to include Mr. Rumpf's comments. Vice Mayor Casello seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5 -0. Commissioner McCray recognized Andrew Mack is now the Director of Development. Vice Mayor Casello asked the next agenda include a report on the timing of yellow lights at the red -light camera intersections. He wanted a survey and report on both the red light camera intersections and some non - camera intersections to determine if the timing is the same for the yellow lights. The County advised it was supposed to be 4.3 seconds. An actual timing of the lights was requested. 14. FUTURE AGENDA ITEMS 15. ADJOURNMENT There being nothing further to come before the Commission, Mayor Taylor properly adjourned the meeting at 7:52 p.m. A. Review and appoint accordingly applications received for the CRA Advisory Board with the annual board appointments - December 15, 2015 (Continued on next page.) 15 NOVEMBER 3, 2015 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL ATTEST: Jan -t M. Prainito, MMC City Clerk J %ith A. Pyle, CMS/ Deputy City Clerk 16 CITY OF BOYNTON BEACH David Casello, Vice Mayor ker NOVEMBER 3, 2015 cCra , . • mi sioner� Michael M. Fitzdatrick, Commissioner