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Minutes 05-05-20 MINUTES OF THE CITY COMMISSION MEETING HELD ONLINE via GOTOMEETING BOYNTON BEACH, FLORIDA ON Tuesday, May 5, 20202020, ATO P.M. Steven B. Grant, Mayor Lori LaVerriere, City Manager Ty Penserga, Vice Mayor James Cherof, City Attorney Justin Katz, Commissioner Crystal Gibson, City Clerk Woodrow L. Hay, Commissioner Christina Romelus, Commissioner 1. OPENINGS A. Call to Order Mayor Grant called the meeting to order at 5:30 p.m. John McNally, Information Technology Director, provided information regarding how to participate in the live online meeting. Invocation Mayor Grant provided the invocation. Pledge of Allegiance Vice Mayor Penserga led the Pledge of Allegiance to the Flag. Roll Call City Clerk Gibson called the roll. All members were present. Agenda Approval: 1. Additions, Deletions, Corrections Vice Mayor Penserga requested to add item 3-G Feeding South Florida Mega Event. 2. Adoption Commissioner Hay moved to approve the agenda as amended. Commissioner Romelus seconded the motion, which unanimously passed. 2. OTHER A. Informational items by Members of the City Commission Meeting Minutes City Commission Meeting Boynton Beach, Florida May 5, 2020 Commissioner Katz spoke to several residents regarding the 7-Eleven project. He indicated he did not speak to the owners of the property. Commissioner Hay indicated he also spoke with residents regarding the 7-Eleven project. Updated residents on a testing site for COVID-19 available at St. John Missionary Baptist Church. Noted more than 40 people were tested and everything was going smoothly. Noted the testing would continue for at least six weeks. Commissioner Romelus spoke with residents of District 3, attended the first opening day of COVID-19 testing site at St. John Missionary Baptist Church with Reverend Davis in partnership with Genesis Health. Announced May is Haitian Heritage Month. Vice Mayor Penserga spoke with several residents regarding the 7-eleven project, he also was contacted by representatives of the 7-evelen store. Mayor Grant spoke with Josh Young representing Southland, Neil Schiller, representative of the Shell Gas Station and Andre Parks on another matter. Spoke with numerous residents and received to several emails regarding the 7-Eleven project. Wished all a happy Ramadan. Commissioner Hay gave a shout out to Boynton Strong. They are helping the community with feeding the residents. Mayor Grant noted since Boynton Strong was now 501c3, the City could investigate providing funding. 3. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS A. Representative Joseph Casello will provide an update on the recent legislative sessions. Representative Joseph Casello thanked the City of Boynton Beach for having him. He congratulated Commissioner on his election as well as Vice Mayor Grant Penserga. There was a $93.2B budget passed. This was before COVID-19. The legislature allocated $27.3M in Federal Funds and $25M in State Funds for COVID-19 prepared and $300M in reserves have been earmarked for Keepsake. Representative Casello noted highlights of the 2020 session: $500M in salary increases for schoolteachers, 3% pay raises for all State employees, a recommitment to keep the Affordable Housing Trust Fund. $10.3M to import prescription drugs from Canada. $8.1 for nursing homes for State Veterans and $691M for Water Quality Improvements including Everglades Restoration. $47.7M for sales tax holidays. Representative Casello provided a listing of bills that passed this year. Alyssa is Law modify school safety status and requires each public school to implement a Mobile Panic alert system known as Alyssa's alert and this system may be capable of connecting diverse emergency service technologies to ensure real-time 2 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 5, 2020 coordination between multiple first responder agencies to the schools. Passed a joint resolution which would require to have to be a ballot question, for families of veterans and it passed, would allow the surviving spouses of deceased to claim the same Homestead property tax credits available to those families before death the approved by the voters and be effective January 1, 2021. Another Bill which passed was the for waterways and water sources and combating toxic algae bloom. This Bill protects the water quality by addressing the classic algae blooms, which devastated many of the forest's rivers and Coastal ecosystems in 2018 includes regulations on septic tanks, Utility wastewater treatment systems in stormwater runoff and agriculture runoff biosolids that the sludge of waste which is for processing the fertilizer. $600M has been put aside for First Responder. Representative Casello indicated he was very proud to co-sponsor a bill protecting our First Responders and firefighters. This bill gives firefighters the equipment needed to decontaminate clothing and Equipment. Noted another bill which gained traction was combating anti-Semitism. Palm Beach County High School principal was fired for saying they could not confirm that the Holocaust was a factual event, spurred the legislature to now makes it mandatory for the Holocaust to be taught in all schools in Palm Beach County. There was also the Homestead exemption, which is also a proposed amendment to the State Constitution. Another bill would allow peer-to-peer support between our First Responders without fear of reprisal from superiors. As you know, suicide rates among First Responders is alarmingly high. Representative Casello stated the insulin bill which would have capped the monthly cost of insulin had one hearing died. It may take three four sessions to get something passed, but they do come back. So, this is another one that I will be filing again. Representative Casello co-sponsored the Palm Beach County fire rescue diesel exhaust installation project. Announced the request for $75,000 for the Town Square enhanced ADA pedestrian crossing was awarded to the City of Boynton Beach. Commissioner Katz thanked Representatives Casello for coming out tonight. Indicated he appreciate the great work he is doing in Tallahassee for the city as well as public education and all the teachers. Commissioner Romelus thanked Representative Casello for his efforts. Inquired if he thought there would be a special session, or some type of appropriation. They signed a petition to call for a special session. The governor does not want that to happen, because the subject matter would be about unemployment. He indicated people cannot log onto the unemployment website, they are frustrated and struggling. Vice Mayor Penserga asked about the $315 million for COVID-19 funding. He asked where these funds come from, he is concerned about housing trust and teacher pay. Vice Mayor Penserga stated the money must come from some place. Representative Casello said that everything will be on the table; they have $3 billion in State reserves and the budget is based on sales tax. Representative Casello did not think the current 3 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 5, 2020 COVID-19 allocation was enough. The Sadowski fund has over$350 million for affordable housing, which may be tapped into. His biggest fear is the legislature will go after the teacher's pay increase and the 3% pay raise for all State employees. Vice Mayor Penserga knew there was a senate bill and house bill about capping insulin costs. It is a massive financial burden. Representative Casello stated the bill never received a hearing on the senate side. This bill could be refiled. Mayor Grant asked if the Governor could change the budget without going back to session. Representative Casello responded, yes. Mayor Grant restated the governor can reduce certain appropriations without the legislature's approval. B. Proclaim the month of May as Guardian Ad Litem, Speak Up for Kids and Foster Care Appreciation Month. Tonya Cajuste of Speak Up for Kids will accept the proclamation. Mayor Grant read the proclamation into the record. Tonya Cajuste, Speak up For Kids, thanked the City for the proclamation. Noted there are many children in Palm Beach County which are vulnerable. Commissioner Romelus thanked Ms. Cajuste for the service she provides. C. Proclaim May 2020 as Mental Health and Trauma Informed Care Month. Gerda Klein of the Boynton Beach Mental Health Committee will accept the Proclamation. Mayor Grant read the proclamation into the record. Gerda Klein, Boynton Beach Mental Health Committee, thanked all for the proclamation. She expressed gratitude for the city's commitment to mental health awareness and encouraged all to wear green and send a selfie on social media. Ms. Klein asked the Commission to watch for a virtual presentation to promote good mental health. If ever there was a time to promote it, the time was now. Noted Commissioner Hay is the president of the Boynton Beach Mental Health Committee. Commissioner Hay thanked the City for their continued support. Expressed the Boynton Beach Mental Health Committee is doing great work and collaborates with several organizations. He looks forward to the city for financial support of the Mental Health program. Noted the Mental Health Committee is looking to do mini programs within the churches. This is the time to look at mental health. Mayor Grant worked with the committee regarding door hangers. Announced the 211-resource service is free. 4 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 5, 2020 D. Proclaim May 3-9, 2020 as Municipal Clerks Week. Crystal Gibson, City Clerk of Boynton Beach, will accept the Proclamation. Mayor Grant read the proclamation into the record. Crystal Gibson, City Clerk, thanked Mayor Grant for the proclamation and said she was honored to be a public servant. She recognized all her staff, noted staff works very hard and extended her appreciation to them. Commissioner Hay stated over the years of being a Commissioner, he thought he knew what to do regarding the last election, but Ms. Gibson always pointed him in the right direction. Ms. Gibson was an angel and he gave her and her staff a shout out for the patience they have with all the Commissioners. He thanked her for the recent election. Mayor Grant and Commissioner Romelus also thanked Ms. Gibson. E. Mary Lou Bedford, Chief Executive Officer of the Central Palm Beach County Chamber of Commerce will present on member benefits Mary Lou Bedford, Mary Lou Bedford, Chief Executive Officer of the Central Palm Beach County Chamber of Commerce, explained that the Central Palm Beach County Chamber of Commerce is a private, member-driven organization comprising of more than 600 business enterprises, civic organizations, educational institutions, and individuals. The mission of the Chamber of Commerce is to provide leadership that facilitates the creation of a prosperous regional economy and effective advocacy for members. Investing in the Central Palm Beach community through Chamber membership supports a program of work that includes economic development, education and talent development, public policy, transportation & infrastructure, and technology — as well as business attraction, retention, and expansion. The Chamber also provides unique opportunities for business leaders to influence civic, social, and business initiatives through our interaction with local municipalities and communities in coverage area — 15 distinct entities encompassing over 36% of Palm Beach County. Commissioner Hay asked about life after the Coronavirus. Ms. Bedford stated the focus is helping with feeding; most churches are doing virtual sermons. Provided contact website and email addresses: www.CPBchamber.com and info@chamber.com. Mayor Grant informed everyone that the City of Boynton Beach is also a member of Boca Chamber of Commerce. Looking forward to help from the Chamber when this is over. 5 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 5, 2020 F. The City Commission requested a presentation of the Town Square Opportunity Fair hiring efforts and results. Sophia Nelson of SA Nelson provided an overview on the Town Square Opportunity Job Fair on February 14th. Their job was to plan, organize and execute the opportunity fair and connect local job seekers with hiring managers. Their responsibility was the marketing, community outreach and logistics of the event. The scope of the work did not include direct hire or placement. There were 126 opportunity seekers at the event. There were 37 members from a list of Boynton Strong members. There were 27 vendors. The direct hiring companies were Builders Plus, Capital Carpet, Stafford electrical contractors,- Forest Marines to Landscape Services to name a few. No self-identified members of Boynton Beach Strong were hired. The number of opportunity seekers hired were eight out of the 126 of those in attendance. Ms. Nelson stated her company provided some value-added assistance and conducted two pre-meetings with Boynton Strong at Carolyn Sims Center and conducted resume review and provided aftercare support. They had two additional meetings after the job fair, which she took names and starting tracking with direct hire companies. Reiterated there were eight people hired from the event. Indicated lessons learned; there were some skill set deficits. The local group needed training and skill enhancement. They hired four subcontractors. Charisma Adams stated they connected the job seekers with the vendors. All the vendors accepted applications on the day of the event, but SA Nelson staff did not review the application prior to the opportunity fair. Michael Corbet of Career Source stated this was a well-organized event. There were several applicants. Commissioner Katz thanked Sophia Nelson and all involved in the Town Square opportunity job fair. The job fair is an opportunity and not a guarantee; people show up and fulfill basic qualifications. He encourages the applicants to continue pursuing employment. Commissioner Hay commended the group for their efforts. Requested clarification on the deficit of the skill sets the direct hire companies were looking for. He noticed very few general laborer positions were available. Ms. Adams stated one of the areas of interest was heavy equipment operators. Many of the individuals that came in from that group identified as a laborer. There were very few opportunities for general labor. Commissioner Romelus had no questions. Vice Mayor Penserga inquired when applicants apply and are not hired, are they given a reason as to why they were not hired. Ms. Adams stated calls were made and the people 6 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 5, 2020 did not return the call, or it was the wrong number. They know people did not respond to calls that were made. Mayor Grant stated this job fair was a failure. There were 127 applicants and only eight were hired. Mayor Grant stated the Commission failed the residents, because they did not place in contract that it expected people to get hired. Help is needed from staff and maybe SA Nelson. This is a very sad thing; the City spends millions of dollars which has not remained in the City. Any future project must have some type of mandate regarding hiring day laborers. There was and is a disconnect with the community. Ms. Nelson stated the training component was missing. She agreed this opportunity was a failure, because of the training component. There is a skill deficit in the City of Boynton Beach. She reiterated eight people were hired. Ms. Nelson disagreed and stated many sub-contractors were hired. Mayor Grant stated if there is no proof, it does not count. Ms. Adams replied she would give a listing of the sub-contractors to David Scott. Ms. LaVerriere stated the skill set is what needs to be addressed, through the building wealth in the community. Provide a series of training sessions, such as how to find a job and how to create a resume to name a few. Staff will work on developing those programs. Commissioner Katz stated he was open to a discussion to try to improve the outcome of future job fairs. Commissioner Katz noted the CRA discussed training opportunities and partnerships, but there were some issues to be worked out. Commissioner Katz stated it is not feasible to hire unskilled workers for skilled work. His solution is finding a way to train people before they apply for positions. Mayor Grant discussed trade unions. Trade unions provide their own training. This may increase the cost of a project, but the Commission should consider this option. Commissioner Katz said trade unions have apprenticeship programs and will make sure the participant makes a living wage. There is an ordinance, which mandates a percentage of worksites needs to have trained apprentices. This would force the city to hire people in the apprenticeship program. He favored looking at that on the CRA side because they have funds explicitly for that purpose. David Scott, Economic Director, indicated he would look at opportunities to provide educational grants and training. G. Mega Food Distribution Feeding South Florida Vice Mayor Penserga announced every Thursday from 9am to 11am in partnership with Feeding South Florida at the Boynton Beach Mall, at Christ fellowship Church, there is a food distribution. This week the event will be on Saturday, from 9am to 11am at Boynton 7 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 5, 2020 Beach Mall. Announced this event will feed 5,000 families. He thanked all for making it possible and he asked for volunteers. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS W ILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3-minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Tory Orr, 407 NE 17th Avenue, Apt 101, said he wanted to talk about the job fair, where 140 people came out, but only eight people were hired. He said that Ms. Nelson stated they do not need laborers; he walked over to the site and he saw laborers with shovels in their hand. No one called him. He said he was a skilled labor. This is about the entire Boynton Beach, not only Boynton Strong. Mr. Orr stated when SA Nelson came to the Carolyn Sims Center, Ms. Nelson guaranteed jobs to the people, not an opportunity for a job. He has several people who can back him up. There were no telephone calls made. He indicated the telephone is on and he is waiting for a call for a job. He would like to have a listing of the people who were called which did not answer the telephone or the telephone was disconnected. Indicated Boynton Strong feeds people all week long and they were disrespected today. Mayor Grant stated this opportunity fair was a failure. The vendors were looking for skilled laborers, not day laborers. Seeing no other hands raised, Mayor Grant closed Public Audience. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (N/V Stu) openings exist: Building Board of Adjustment and Appeals Education and Youth Advisory Board Historic Resources Preservation Board Library Board Recreation and Parks Senior Advisory Board Mayor Grant announced openings for each Board. 8 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 5, 2020 Motion Mayor Grant nominated Thomas Ramiccio to the Historic Resources Preservation Board (Reg). Vice Mayor Penserga seconded the motion, which unanimously passed. 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments Mayor Grant would like to pull item B (#11) A. Approve the one-year extension for RFPs/Bids and/or piggy-backs for the procurement of services and/or commodities as described in the written report for May 05, 2020- "Request for Extensions and/or Piggybacks." B. Accept the written report to the Commission for purchases over$10,000 for the month of March 2020. Mayor Grant stated this was for the purchase of radar control speed signs. He thanked the City Engineer and the Public Works Department. This is a traffic calming method and he hoped to place additional signs around Boynton Beach. Motion Vice Mayor Penserga moved to approve. Commissioner Hay seconded the motion, which passed unanimously. C. Accept second quarter report on operations of the Schoolhouse Children's Museum and Learning Center for FY 19/20. D. Proposed Resolution No. R20-033 - Authorize the Mayor to sign FPL easement forms for new street lighting associated with the Town Square project. E. Piggy-Back the Palm Beach County School District Contract#20C-21T for the extension period of the contract which expires on December 31, 2024 and approve an annual blanket for Precision Air Systems, Inc. of Wellington, Florida for an additional amount of$60,000.00, (total annual expenditure $140,000.00). This is for air conditioning repairs/services and preventative maintenance needed at various City Buildings. The Palm Beach County School Board's bid process satisfies the City's competitive bid requirements. 9 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 5, 2020 F. Proposed Resolution No. R20-034 -Authorize Mayor to sign a grant participation and reimbursement agreement between Virgin Trains USA Florida LLC and the City of Boynton Beach for the construction of supplemental safety improvements at two (2) railroad crossings and contribute $27,131.93 (20% local match) to partially fund these improvements. G. Proposed Resolution No, R20-035 - Approve and authorize the Mayor to sign an Interlocal Agreement between the City of Boynton Beach and the Quantum Park Overlay Development District (QPODD) for enhanced maintenance services. H. Approve minutes from the City Commission meeting on April 21 , 2020. Motion Commissioner Hay moved to approve the remainder of the Consent Agenda as amended. Vice Mayor Penserga seconded the motion, which unanimously passed. 7. BIDS AND PURCHASES OVER $100,000 Vice Mayor Penserga pulled item 7-A A. Proposed Resolution No. R20-036 - Approve piggybacking and authorize the City Manager to sign a Contract, in accordance with the terms & conditions of The City of Pompano Beach Community Redevelopment Agency Unarmed Roving Security Guard Contract; placed in accordance with RFP P-15-19 issued on 02/28/2019, approved for award by Resolution No. 2019-35 on 06/18/2019, and fully executed and notarized 06/25/2019 for an annual estimated amount of $125,000 not to exceed $150,000. Contract is for a period of three (3) years, with 2 years remaining with an option to renew for two (2) one-year terms for a total $500,000 estimated amount over the total potential four-year term of the agreement. Vice Mayor Penserga asked about the nature of these jobs; they are part roving security and welcoming team. How many roving securities would be needed and the qualifications involved? Police Chief Gregory noted last summer the Commission asked for a presentation for a security plan in Town Square and Greater Downtown. They had discussed an ambassador plan with main core being corridor of Town Square and City Hall. Indicated Pompano Beach and Miami Dade County uses this program. This service was more aesthetically pleasing than a traditional armed guard. 10 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 5, 2020 Vice Mayor Penserga indicated he was not sure why these services were needed. It would seem these services could be offered via the Police Department. Could we hire our own ambassador? What is the upside by not doing this in-house? Chief Gregory responded the City could begin tomorrow with the vendor versus the City hiring and training ambassadors. The city needs to establish and fund the positions. He was not sure of the City's time frame to advertise, interview, background check would take longer. He explained with a third-party vendor the city would have the ability to scale the contract to the city's needs. This is a milder, gentler face. Using ambassadors, the City could pay for only what is needed. They need to create high visibility so people will come to the new Town Square and take advantage of the amenities and activities. Guard service ambassador program will supplement police service. There will be security at the City Commission meeting chambers. Utilizing those services would lower cost for the Police Department. The rovers are professionally trained and licensed with their own insurance. This gives the city the ability to start small and grow and the opportunity to evaluate the future needs of the city. Vice Mayor Penserga, asked how many people the department is looking to hire. Chief Gregory stated they were looking more at the hours of the personnel. He indicated he would have those numbers for the Commission tomorrow. Vice Mayor Penserga stated the Town Square is not going to be ready tomorrow, the city does not need this service now. What is the nature of the contract? Is it possible for some local people to be hired? Chief Gregory stated the city would hire a contractor, like crossing guard contractors. They will submit time sheets and paid based on time sheets, but there will be a maximum hour not to be exceed. Commissioner Romelus thanked the Chief and Ms. LaVerriere for their foresight and trying to do something, which is cost effective. The City wants to make sure the residents and visitors feel safe. Mayor Grant asked if the CRA would reimburse the city for the security guard services. Chief Gregory commented they could review that opportunity. Indicated this could be done if it was strictly a CRA function. Mayor Grant stated there are certain high crime areas in the city, inquired if the rovers would be used in those areas as well. Chief Gregory responded they would use the regular police. The Rovers would be used for non-violent disturbances and quality of life issues. Mayor Grant understood the benefit of a third-party vendor, but he would like to see about hiring some Community Service Officers so the city can patrol itself. 11 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 5, 2020 Commissioner Romelus indicated she was not onboard for the CRA paying for additional services. Mayor Grant expressed the CRA could hire their own security for pirate fest. He thought if the city had its own contract, it would be beneficial to all. Motion Vice Mayor Penserga moved to approve, Commissioner Hay seconded the motion. The motion unanimously passed. B. Approve the one-year extension for RFPs/Bids and/ or piggy-backs for the procurement of services and/or commodities over $100,000 as described in the written report for May 05, 2020- "Request for Extensions and/or Piggybacks." C. Proposed Resolution No. R20-037 - Approve Award of Bid No. 012-2511- 20/EM for HVAC Maintenance and Mechanical Services and authorize the City Manager to sign a contract with A-1 Air Solution, LLC, 849 SW 20th Ave., Okeechobee, Florida 34974 as the lowest, most responsive, responsible bidder for an annual estimated amount of$150,000 for a period of three (3) years, with an option to renew for three (3) one-year terms for a total $900,000 estimated amount over the total potential term of the agreement. D. Approve Task Order UT-1B-01 with Carollo Engineers in the amount of $189,512.00 for the design, permitting, bidding, and construction support services for the Silverwood Area Force Main project in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category B awarded by City Commission on August 7, 2018. E. Proposed Resolution No. R20-038 - Approve and authorize the City Manager to sign Amendment No. 2 to the Developer's Agreement with Knuckles, LLC for the construction of sanitary sewer and lift station wet well improvements for the Taco Bell project located at 2319 Federal Highway. Motion Commissioner Romelus moved to approve the Consent Agenda for items over $100,000 as amended. Commissioner Hay seconded the motion which passed unanimously. 8. PUBLIC HEARING 6 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 12 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 5, 2020 A. Proposed Ordinance No. 20-005 - First Reading - Approve 7-Eleven 101 W. Woolbright Rd, amending Future Land Use Map from Low Density Residential (LDR) and Medium Density Residential (MDR) to Local Retail Commercial (LRC). Mayor Grant noted that individuals have written in, and there are others, which would like to speak on this item. Mayor Grant stated the applicant would speak, then the Commission would be allowed to ask questions. The audience would be given an opportunity to speak on the item. Brian Seymour indicated as a point of clarification, there may be a need to cross- examine the intervener based on information received today. Mayor Grant stated yes. Attorney Cherof read the proposed Ordinance No. 20-005 into the record by title only on first reading. Attorney Cherof stated there are four items involved in this matter, the first is an amendment to the future land use is a legislative matter, there are three quasi- judicial matters; rezoning of the property, the Conditional Use and Major Site Plan Modification. He swore in all who wished to testify. Mayor Grant requested to combine both items. Brian Seymour explained he is an attorney at Gunster Law Firm, speaking on behalf of the applicant. Mr. Seymour introduced Brandon Wolfe who is with 7-Eleven and is a real estate expert; he works on acquisition and evaluation of sites for 7-Eleven. Shane Laakso with Creighton construction and development planner, Neil Campbell, who is an environmental specialist and Josh Long, project planner, AIPP certified planner and have submitted resumes. Mr. Seymour stated the item tonight is the rezoning, conditional use and modification of the 7-Eleven store and adding a gas sales portion on the front of Woolbright and Seacrest. Indicated each element of the code has been addressed and provided to the Commission for their review. Josh Long, Project Planner with 7-Eleven, stated there has been a convenience store on this site for the past 60 years. Palm Beach County traffic is requiring a 30 feet right- of-way dedication. The 7-Eleven plans to upgrade the entire site with a new modern convenience store and gasoline station. A neighborhood outreach meeting was held at the First Presbyterian Church on February 19, 2020. Letters were mailed to neighbors. He indicated at the meeting, 25 residents were in attendance and the majority were in support of the project. Mr. Long stated he received a letter of support from the Forest Park Neighborhood Association in support of the project. Mr. long provided aerial photos and site plans of the current locations. Indicated there were not plants or foliage currently on the site. Currently the site has an unsafe ingress 13 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 5, 2020 and egress. There are poorly designed travel lanes. There is no landscaping and no dumpster enclosure. Mr. Long explained the curb cuts are very unsafe for pedestrians or drivers. Mr. Long wanted to update the Commission and the neighbors as to why 7-Eleven decided to upgrade its store. He stated there is a new model for convenience stores, which would provide fresh food, salads and gourmet coffee. The store functions more as a neighborhood market, not just a convenience store. 7-Eleven is changing and updating their store. Mr. Long stated the store provides enhanced sustainability even though the building is small and is not a requirement. A rendering was provided of the before and after of the site. Mr. Long stated the neighborhood could be proud of the upgrades to the neighborhood convenience store. This could be the catalyst for other redevelopment in the area. 7-Eleven is proud to have been in this neighborhood for the past decade and continue to serve the community. The parent store came in knowing they would go above and beyond what was expected and to contribute to the community and the city. Mr. Long stated he has worked with staff to add multiple layers of landscaping, with flowering trees and plants to attract butterflies. The building is a four-sided architecture structure, most commercial buildings have no architecture on the rear of the building, they may have architecture facing the street, but not on the sides or the back of the property. This building was design because 7-Eleven understand the importance of building for the neighborhood and knew that the building itself is going to serve as a buffer for the neighborhood, Woolbright and the gas pumps. As the site is developed 7-Eleven wanted to ensure the building aesthetically pleasing and have architecture that you would believe would be a front facade of a building if you were walking. Also provide three layers of landscaping to enhance the buffering of the store and the gasoline station because each layer represents another layer of buffering. Mr. Long explained there are small shrubs which would buffer and a larger canopy trees and Palms that take up the 72 inches to the above to the top of the roof and the parapet. The existing building is only 20 feet high. Indicated this was below the maximum allowed in the City of Boynton Beach code and much of the height in the building is the parapets. The low walls around the building conceals the air conditioners or other equipment from the street view. Mr. Long indicated they are directly next to another gas station, which shows the older model of gas and convenience stores in what the new model of gas station convenience stores. 7-Eleven would provide this neighborhood one of the new models the new cutting- edge type of gas and convenience stores. A slide was shown of Boynton Beach Development patterns for gas stations with convenience stores within a residential area was shown. The Chevron station at W. Boynton Beach and NW 7th street and the Marathon station at W. Boynton Beach Blvd. and NW 2nd. Provided five examples of the convenience and gas stations within a residential area 14 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 5, 2020 Mr. Long stated that at the beginning of the presentation, he showed the ingress and egress pattern for the existing site constraints. The proposed intersection for Woolbright is 151 feet from the corner, whereas Seacrest is now 115 feet, which is a dramatic improvement. Residents are not walking along the actual street as you can see the stacking is internal. People no longer are required to back out into traffic. There is also circulation around the pumps. All code required parking has been met. There will be 37 canopy trees and 19 medium sized trees, over 1,100 butterfly-attracting plants. Provided the FLU map amendment and rezoning, Mr. Long indicated the application complies with LDR, Chapter 2, Article II, Section 2-B and 2-D-3. The demonstration of need, consistency, land use pattern, sustainability, availability of public services, infrastructure, compatibility, economic development impact, commercial land supply alternative sites were shown. There are new projects coming into the area such as Riverwalk Plaza, Town Square and the potential expansion of Bethesda hospital, the Palm Beach County a long-range transportation plan show increased capacity and increase annual growth in the area. The project is consistent with your Future Land Use Amendment and rezoning standards, particularly objective 1.78, which deals with the city's pursuit of Economic Development policy 1.77, which deals with creating jobs contributing to the tax base and 1.76 limits the conversion of existing commercial land uses to other land use. The current zoning land use patterns require commercial lots with over 200 plus feet of depth to accommodate. The 7-Eleven is providing a Palm Tran bus stop and has already gotten the confirmation from Palm Tran. They will be providing a 10'x30' structure bus stop on their site. This would help with the city sustainability efforts. Also, the project itself is utilizing LED lighting for the landscaping. The 7-Eleven has butterfly-attracting trees. The amount of shade trees is going to reduce the heat island. The flat roof would be painted white. Utilizing cool colors for the body of the building. Providing all sod and landscaping is going to be a hundred percent coverage with a hundred percent overlap from automatic irrigation. The new convenience stores are much more energy efficient than the older stores. Currently the subject property does not have safe functioning primary points of ingress and egress is shown several times on the images. The driveway on Seacrest serves as the sidewalk and serves as the back out lane for Seacrest. The code requirements for distance operation for driveways. The applicant is providing all the required off-street parking for 14 parking spaces and loading space will meet the code requirements. The site for the dumpsters has been proposed in the northwest corner of the property which is compatible with the development patterns of the other gas and convenience stores in the city. The landscape has been designed with an emphasis on screening aesthetics, and sustainability throughout with the use of dense drought tolerant plants. This complies with the city's requirements and the buffer has been designed with a 6-foot tall decorative wall with a variety of landscaping shrubs. Staff had some conditions which 7-Eleven has agreed. The conditions are that at time of inspection if the Landscaping is not doing the proper job of buffering, applicant has agreed to add more landscaping, and install more mature species of trees. 15 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 5, 2020 The applicants are planning to enhance the proposed photometric plan that provides light poles with LED lighting. The designs and the light levels comply with the code requirements. The proposed site plan complies with all code required setbacks. The property provides commercial retail services. Indicated the compatibility of adjacent properties impact of gas stations is less impactful than some other potential uses such as group homes, independent carwashes, restaurants, theaters or radio and TV broadcasting. It is important to note that 7-Eleven has agreed to do a self-imposed condition of approval to limit alcohol sales so that they do not occur between 2 a.m. and 6 a.m. and so with the overall economic effects of the property, the proposed convenience store gas station uses enhance nearby properties. Mr. Long stated the project would not create any smoke odor fumes or toxic matters that would create a negative impact on neighboring properties. He continued to say fuel stations are subject to Federal and State safety standards, which provide protections to the surrounding area. The proposed dense landscaping of trees and hedges around the perimeter property should be enough to prevent noise associated with the operations of the gas station and convenience store. Brian Seymour said, as stated earlier by Attorney Cherof, there are four items associated with the site plan. Mr. Long provided a summary of facts, which meets all the relevant code requirements. This is going to be a significant enhancement to the community and the entire corridor. It is the beginning of the future. Staff has recommended approval of the application. Hopefully this is a catalyst event to upgrade the entire corridor. He requested to respond to any neighbors or the intervener. Board questions: Commissioner Katz deferred to other Commissioners. Commissioner Hay inquired about the height of the wall on the north side of the building. Mr. Josh Long responded the wall would be 6 feet tall. Commissioner Hay inquired which side of the road would Palm Tran bus stop. Mr. Long replied on Seacrest. Commission Hay asked about the condition of approval at final inspection. Asked who was responsible to determine whether the applicant complied. Mr. Long stated the condition would be final inspection. The applicant would acquire a landscape permit and it must be inspected. At time of inspection is when it would occur because they will be waiting for the Certificate of Occupancy until they close out the permits. They will ensure all requirements of the city are met. Commissioner Romelus wanted to hear public input. Vice Mayor Penserga noted having security cameras was important and the city is building a real time crime center and it is important to access footage immediately. He 16 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 5, 2020 asked if they would cooperate and learned they would. Mr. Seymour stated 7-Eleven is committed to security and their lighting and security system result in low crime rate. Vice Mayor Penserga asked about the proposed storage tanks and there was a concern the tanks were unsafe. What assurance can be given Mr. Long explained it is a critical issue. He requested Neil Campbell to respond, but that tanks meet all the standards and have monitors and safety features. Neil Campbell stated he had previously been sworn-in. Over the last 20 years, Florida upgraded the procedures to ensure tanks and systems do not have issues. The State of Florida has spent millions of dollars cleaning up leaking tanks. The current ones are double fiberglass, have monitoring and audible and electronic alarms if tanks are overfilled. There is constant monitoring that is checked by Palm Beach County and independent contractors visit the stores every month to monitor the tanks. Vice Mayor Penserga noted there is a gas station across the street. Asked what the differences are between the 7-Eleven station and the gas station across the street from them. Mr. Campbell responded all gas stations are monitored. Mayor Grant inquired about the litter receptacles near the bus stop. He noted there is trash and not enough receptacles and he requested one be provided. Mr. Long agreed. The outdoor receptables are outside the door. Mayor Grant stated the presentation was very informative. Stated the gas pumps were not shown. He also sent an email to the Police Chief regarding crashes at that intersection. Chief Gregory explained the number of crashes at this site by year: 2015 there were 4 crashes, 2016 there were 8 crashes, 2017 there were 9 crashes, 2018 was one and last year was none. As for crime, 2016 — (10), 2017 (8,) 2018 (14), 2019 had 11 , in 2020 there were 3. Mayor Grant opened public comment: Attorney Cherof noted under the quasi-judicial process, Mr. Schiller could cross examine any witnesses. Trevor Rosecrans, 703 SW 4th Avenue, said he has been on the Planning and Development Board for the past 5 years. The gas station design is beautiful but the location stinks. The EPA classifies benzene as carcinogen. Benzene increases the risk of developing Leukemia and blood disorders. What was presented show a pump island with residential boundary within 44 feet, the northwest vent less than 15 feet from western boundary and 65 feet from the northwest residential boundary. He agreed 7-Eleven needs an upgrade, but there are children nearby. The city should consider the serious risk of having benzene so close by. 17 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 5, 2020 Matthew Marzelono, 122 SW 14th Ave., commented his house is 50 feet from the project and he was also concerned about benzene. He understood the building met the standards from 60 years ago. These places are basic homes and not a gated community. There is a 200-foot setback for gas stations, because they determined it is not safe to put them adjacent to residential neighborhoods. He did not think this should be ignored. His concern was for the safety of the tank. When the tank is filled, the benzene vents. Benzene levels have been measured at up to 525 feet away. The setback regulations were 10 times off. It has been proven that benzene causes leukemia and other blood diseases. There are some benefits to the community but trading the health and well- being for a group of residents for the beautification and convenience is not a trade he would make. The World Health Organization says no acceptable level of benzene. Stated 90% of the presentation was for the convenience store, which is what he showed to the neighborhood association. He did not say he approved and even if 25 people did, that is not the entire community. He was unaware of the bus stop being installed; this was another issue. Indicated his house is directly adjacent to his property, and he would inhale their vapors on a 24-hour basis. Gas station clerks had increased causes of cancer and other health issues, he will be at home 24 hours a day, 7 days a week for 365 days of the year. He is not against commercial development or rezoning, but an additional gas station and roll back standards to 60-year-old levels is not a reasonable compromise for people in any neighborhood. Susan Oyer, 140 SE 27th Way, was sworn in, stated she grew up in this neighborhood. She currently sits on the Planning and Development Board. The building design and landscape are beautiful. Remodeling 7-Eleven is fabulous. The neighborhood does not want the gas station. She wants it remodeled but they do not need another gas station. Shell is across the street; it was always empty. There are two more gas stations within a mile and one on the other side of 1-95, which is the racetrack and Wawa opening soon, but there is a need to remodel the 7-Eleven. She objected to encroachment into a residential neighborhood. It was residential for 60 years and it should stay that way, people complain about speeding. The residents want the remodel but not the gas station. Ally Pugh, 111 SE 11th Ave, Forest Park, was sworn in. She is a resident of Forest Park, and health and welfare are paramount. She supported the 7-Eleven being there. It is an eyesore, but it does not demonstrate what the neighborhood is striving to become. They bought there due to downtown Boynton being upgraded and the neighborhoods would be upgraded and with that comes development and growth. She does not go to that 7-Eleven because it is not a comfortable feeling and she was a victim of crime. People do not go to the shell station because it is price gauged in the area. Last year there was a shooting, and these are not things the residents want. She has concerns, but would like to move forward with the project to upgrade the neighborhood Assad Alamon, 2655 SW 43 Cranbrook Drive, was sworn in. He said he agreed with Matthew regarding the objections. Underground storage tanks inspected 3999 and 53% complied and 47 % were out of compliance. That means there is a discharge of fuel and 18 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 5, 2020 gasoline, he did not think 7-Eleven needs to expand due to the vent issue. It is not an option to have gas station 10 feet from houses with gas fumes and air quality has been compromised. In Palm Beach County from 2019 until May 5, 2020, 264 violations were at gas stations. There is spillage, fumes and gas discharges. Do not change the zoning of existing residential area. He agreed with 7-Eleven store improvements. Every 7- Eleven sells the same things - they sell food and sandwiches. He asked how many gas stations can you have in a 1 .5-mile radius? There are homeless people around the store. Salmon Rivalla 7411 Champagne Place, was sworn in. This is not about opposing 7- Eleven, only the impact on the community. The opposition is related to the environmental impact. His concern is the traffic flow, not just cars with the ingress and egress, but the foot traffic. The applicant had spoken about security measures, but it does not stop crime. He is worrying about crime in the businesses. There are already several gas station in the area. Think about the impact to the environment, the economy and our children. Bill DeVries, 130 SW 13th Avenue, was sworn in. He said he emailed all the Commissionersl. Stated 7-Eleven was vital to the area. There are so many restaurants, and fruit stand and many, many gas stations, they do not need another gas station. He does not think 7-Eleven would renovate without the gas station. There is an aquifer and there is a water treatment plant next to the store. He did not realize about the fumes, presentation looked good but did not show the homes on 14th. As a resident, he stated this was not a good idea. Asked what the Commissioners would do if they lived there. Neil Schiller was the intervener and he provided a presentation with Saul Ewing Armstein and Lehr, 515 N. Flagler Drive Suite 1,400, WPB representing Azan Energy LLC. On behalf of his client he opposed all applications filed. He reviewed a detailed presentation as included in the meeting materials and asserted the project was incompatible with the surrounding community, environmental impacts and the project did not meet the code. His client has requested the City Commission to vote no on the following applications: The Land Use Plan amendment 20-005. Rezoning 20-006, the conditional Use and the Mayor Site plan Modification 20-002. The proposed gas station does not fit in with the neighborhood due to the lack of buffering, and the environmental impacts. The decrease in property values and the decrease in quality of life to the residents of the Forest Park neighborhood. Mr. Schiller noted the Planning and Zoning Board recommended denial of the application on February 25, 2020. The gas station was a point of major concern for the residents and members of the zoning board. The adjacent neighbors, single family and commercial property owners opposed the gas station. Applicant has the the burden of proof to meet the criteria in the Code. Any decision by the Commission must be made based on competent, substantial evidence not just a "gut feeling". The Site plan has 5-foot monuments plans, which did not make into the applicant presentation. the propane and CO2 tanks are located closest to the residents, 20 feet from the property line. Provided an aerial of the property. 19 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 5, 2020 The Land Use Plan Amendment which is being sought. The request low density (LDR) and Medium Density (MDR) residential to local retail commercial (LRC). Mr. Schiller stated one of the criteria was for the demonstration of need. The demonstration of need may be based upon changing conditions that represent a demand for the proposed land use. The staff report fails to substantiate need for FLU. The generic data is from a market monitor, which was not in Florida. No data to support the area population growth. No data supporting the need for additional LRC. Property owner is compensated for the 30 feet Right-of-Way. Mr. Schiller stated there are 7 gas stations in the area within a mile of each other. Indicated there is no market need for more gas stations, based on the preliminary analysis of the needs for additional gas stations within the market area of the 7-Eleven proposed for 101 W. Woolbright Road. Consistency whether the proposed Future Land Use Map (FLUM) amendment and rezoning would be consistent with the purpose and intent of and promote the applicable Comprehensive Plan policies. Development Plans and Land Development Regulations. Staff reports fails to cite how LRC would be consistent with the Comprehensive Plan. Land Use Pattern, which is the criteria for the LUPA 20-2005. Whether the proposed Future Land Use Map amendment and rezoning would be contrary to the established Land Use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classification or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassification and rezoning that would result in more desirable and sustainable growth for the community. Contrary to the existing land use pattern, the intrusion into the residential is not present in the area. The MDR was established as a transition to the buffer and the impacts of commercial uses. Evidence all over the City and North on Seacrest approaching Boynton Beach Boulevard. Destroying the pattern and buffer will begin to destroy the neighborhood and set a dangerous precedent that no neighborhood is safe from commercial intrusion. Provided some uses allowed in LCR, indicated these were not as intense of gas station. Provided a Future Land Use Map for the Commission to review. Sustainability, whether the proposed Future Land Use Map amendment (FLUM) and rezoning would support the integrations of a mix of land uses consistent with the Smart Growth or sustainability initiatives with an emphasis on complementary land uses, access to alternative modes of transportation and interconnectivity when the project and between adjacent property. 20 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 5, 2020 He said the staff report failed to demonstrate sustainability, to support the integrations of land uses the proposed pedestrian access is being removed. There is no proposed charging station; Mr. Schiller stated Florida has the second largest electric car registration in the United States. Mr. Schiller stated the applicant claims that there will be no negative impact to the surrounding properties is unfounded. There are numerous examples of the impact, which have been proven, negative environmental impacts, property value decrease. No proven need for an additional gas station in the area or city. He stated, in conclusion, the Right-of-Way taking did not require the applicant to purchase the two northern parcels to redevelop the store. The gas station does not fit in and is not compatible with the neighborhood. This is a complete disregard for the neighborhood. Add two 24/7 operations occurring at the same time with multiple deliveries. Location of the NW monument sign include into the neighborhood. The height of the building and the gas canopy are taller than the trees. Environmental issues with gas vapors spreading to other properties. Property values decline and increase in potentially dangerous crime. This sets a dangerous precedence that the residential neighborhoods will be opened to commercial development. Mayor Grant requested a 10-minute break at 9:20 p.m. There was a consensus. Mayor Grant reconvened the meeting at 9:31 p.m. Mayor Grant asked if Mr. Schiller wanted to cross-examine the applicant. Mr. Schiller said he would not cross-examine the applicant. Mayor Grant noted part of the presentation, comparable sales difference. But there were 1,000 sf improvements on the property that could be adjusted for the difference. Mayor Grant asked who his client was and what does his client do and for how long? Mr. Schiller replied his client owns the gas station across the street from the proposed 7- Eleven. He has owned the gas station for about three or four years. They are in the business of operating gas stations. Mayor Grant stated your client business also releases vapors into the Forest Park neighborhood. Mr. Schiller stated they produced gas station, stated there would be another gas station, but the issue is there is another gas station next to residential. Just because there is an existing gas station is not a license to have another one across the street. No further questions from the Commission. 21 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 5, 2020 Mr. Seymour asked what was the State regulation being cited regarding having generators on site. Mr. Schiller stated he provides arguments and is not subject to cross- examination. He was not required to answer. Mr. Seymour asked if everything, which was presented was for argument and not facts. Mr. Schiller stated there are facts within the presentation. He asked if he could answer any questions about anything, as presented in the PowerPoint. Mr. Schiller stated not under cross examination. Mr. Seymour asked the entire presentation to be stricken as he cannot answer questions on the evidence he presented. Attorney Cherof explained someone who is not testifying cannot be cross examined. Mayor Grant asked if the presentation was argumentative and not evidence based. Attorney Cherof replied this is correct. Mr. Schiller explained when putting on a case in opposing a development, they do not have the burden to produce facts, they point out where the applicant does not meet criteria and present facts. The facts in the presentation are documented and verified from the application and from staff reports and information on websites. Mayor Grant stated this was quasi-judicial. All who spoke were sworn in. Mayor Grant suggested asking questions with a number that Mr. Seymour asked, and Schiller can respond. They can present information that contradicts and supports. Mr. Seymour asked: 1. What regulation did you site when you said State regulations require generators at all gas stations? 2. Is there a generator at his client property. Is his client in compliance? 3. Gas stations in the study cause environmental hazards and environmental impacts of benzene, how much damage has Mr. Schiller client done to the adjacent residential property, which is not buffered from the fueling facilities? 4. Dumpster was only 20 feet from neighboring residential, how far is your client's dumpster and without being covered it would draw rodents, if your client's dumpster is uncovered how many rodents it has attracted? 5. Relative to the photometric plans, where you aware it exceeds code requirement? 6. What is the foot candle from the adjacent residential property? Mr. Schiller's response to question number 1. Where in Florida law is the generator requirement? Chapter 526.1434 access to back up generators. 2. He did not know if his client has a back-up generator but likely would have access to one, because they run gas stations. 3. Indicated his client has not provided that information. He cited environmental impacts; how much damage has the shell done based on environmental impacts. He noted the Shell station is not on trial. The Shell station is code compliant, has been compliant and has been relatively violation free, but it is not the Shell station that is at issue, it is the new gas station. 4. They have an uncovered dumpster, but they are not a larger convenience store that will have fresh food and it is not apples to apples. Same thing with the covered dumpster. Common knowledge is that dumpsters attract rodents. He was not aware the photometric plan exceeds code requirement, but what he read on 22 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 5, 2020 the plan there were several inconsistencies that does not make sense to him as a lay person. 6. Indicated about the foot candles, and most of them are zero, but he also mentioned there are places on photo metric plan sign with monument signs but no mention of the monument signs reading. 5. He did not know if the photometric plan was accurate. Mr. Seymour believed Mr. Schiller's concern is for his client is competition, it says access and he can testify they have access to generator and are compliant with State law. The issue of benzene in the study, there is no actual data to support what he asserts in this neighborhood and this place. Shell has been there for many years without any problem with benzene. Nobody said they would be cooking on site; fresh food is delivered on site. The foot-candle point, he does not think the photometric plan is wrong, but pointed out things that have nothing to do with the project because there is no impact at the property line. The basic premise is the competition, and it is better for the neighborhood. One caller called the Shell as a price gouger and Mr. Schiller said there is no need for an additional gas station. Mr. Long as an expert, spoke about what is coming and where the need for it and there is compete substantial evidence. There is no evidence a 1974 sale which was likely vacant property, those are not comparable in any way nor is he competent to testify. The staff report had other elements, which was not mentioned. Mr. Schiller argued other uses are less impactful, and Mr. Long spoke about other uses that are more impactful. There are 14 additional trips as a result of this impact. The new community amenity with lower cost of gas would be concerning to the Shell across the street, but the code does not. The job is not to decide on whether there should or should not be competition. Benzene issue came up a lot and he understand the concern. 7- Eleven is code complaint and has a good safety record. Mr. Schiller missed the boat and does not give information and does not understand how the vent works. Neil Campbell, 729 NW 155th Street, Miami Lakes, stated he was sworn in. He worked in the petroleum industry with compliance and permitting for installation, repairs assessment and remediation. He had no professional license. The studies quoted may not have been on gas stations, the records he saw were laboratory testing, head space analysis and controlled environment, the conditions are not the same. In Florida, there was a time when there was an accordion in the gas tanks, they connect another hose to the vent line and put it back to the tanker. When the fuel is dropped, the vapor or air above the base is put back into the tanker. The vents into the tank, when a customer pumps cannot pump on a closed system. It allows air when the vacuum is high enough, that does not exist with underground storage tanks and there is water. The experiments on benzene had worse affects when heated up to 104 degrees. State of Florida has passed a law. The equipment is required by law. Mayor Grant stated there were 18 online comments regarding the purposed ordinances. Asked if he was required to read them into the record. 23 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 5, 2020 Attorney Cherof responded the Mayor was not required to read the comments into the record but must include the comments as part of the record and they must be included as part of the meeting minutes (see Attachment "A"). Mayor Grant stated based upon these virtual meetings, if anyone feels their comments were not addressed, do they have recourse at the next city committee meeting? Attorney Cherof stated they have recourse. Mayor Grant asked what the recourse was if a person disagreed with the Commission's action. Attorney Cherof indicated the two ordinances are on first reading. There is a second reading so members of the public who did not speak and wish to elaborate on their comments can do so at the next Commission meeting. Mayor Grant asked if the Commission were required to read into the record the comments at the second reading. Attorney Cherof responded they are not required to read into the record. There is no ability to cross-examine those people who submitted a comment. He noted this is a quasi-judicial hearing, Mayor Grant stated they are not sworn in. Attorney Cherof stated the comments could be reviewed by the City Commission and would be available to them. Mr. McNally noted there are several comments in the webinar interface question section. Ally Sadqui stated he was not sure why actual problem is being ignored that is not needed, two attorneys going back and forth ignoring they are adding more health issues to the community. Trevor Rosecrans, said it is the paper which was cited used at a gas station. Mayor Grant closed Public Comments. Commissioner Romelus said she had no questions of the applicant nor the intervener, because she believes this renovation is needed. Living in District III, the intersection is atrocious. The store is an eye sore. She was happy they would step up their game. It does include a gas station, and there are several gas stations within the 1-mile radius so it may not be a necessity but as the population increases, it may be. It is dangerous intersection and she wanted to alleviate the potential to be rear ended. Several residents think it is beautification and others have concerns that may be justified, but they were addressed. She is an advocate of sustainability and safeguards and she believe the concerns about pollutants would be mitigated. She will support the applicant's request. Commissioner Katz said he agreed with Commissioner Romelus and will vote in support of the proposed changes. 24 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 5, 2020 Commissioner Hay thought the applicants met the City's requirement. He does not want to see another Tradewinds. Mr. Schiller brought up some good points, but they did not have much to do with this project. Stated the 7-Eleven property owners have development rights to do what they want to do with the property. The City Commission would be hard pressed to deny the application. Vice Mayor Penserga agreed it is a much-needed upgrade for the community. He sat for over an hour to hear the presentation from a representative of the owner of the gas station across the street. He heard gas stations next to residential coming from an applicant with a gas station next to a neighborhood. As for environmental, there are two gas stations at other intersections around the county. People are not dying of cancer, if so, public health would address it. It needs to be a collection of many studies with a concrete conclusion. This is a hearing and he feels like his time was wasted. He listened to the concern of the residents and he read every email. The real issue is someone does not want competition. If he thought the project was poisoning the community, he would not support it. If having a gas station next to residential area is a problem, then why is it not a problem with the Shell station? Because that is directly across the street, and is in a residential area, there is a problem with the Shell station. If there is outrage, there should be outrage for the Shell station as well. Vice Mayor Penserga asked where the outrage is. Why is there selective outrage? Mayor Grant stated Vice Mayor Penserga's comments echoed his as well as the rest of the Commission. This is a redevelopment project. He believes this project would be beneficial to the neighborhood. The corner of Woolbright and Seacrest would receive a new bus stop. He believed having a bus stop would be beneficial for the neighborhood. The County will get money from impact fees and hopefully that intersection would be addressed. The City needs to work with the County or State so that they change the Seacrest Boulevard from a Suburban road to an urban road and make it part of Complete Streets project. Mayor Grant stated Seacrest is a collector road and it makes sense to have a gas station on that corner like the other gas stations in the city. Mayor Grant stated he was in favor of the ordinance. He provided an example of Golf Road where certain residential community buildings became office commercial and now, they are becoming multifamily dwellings. Motion Vice Mayor Penserga moved to approve. Commissioner Katz seconded the motion, which unanimously passed. Clerk Gibson called the roll. The vote was 5-0. Proposed Ordinance No. 20-006 - First Reading - Approve 7-Eleven 101 W. Woolbright Rd Rezoning from R-1-A Single Family Residential District and R- 2 Single- and Two-Family Residential District to C-2 Neighborhood Commercial District 25 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 5, 2020 Attorney Cherof read the proposed Ordinance No. 20-006 into the record by title only on second reading. Motion Commissioner Katz moved to approve. Vice Mayor Penserga seconded the motion. Which unanimously passed. Clerk Gibson called the roll. Vote was 5-0. B. Approve request for Conditional Use and Major Site Plan Modification (COUS 20-001 / MSPM 20-002) for Southland Corp Tax Dept #1039 to allow redevelopment of an existing convenience store for a new 3,454 sq. ft. convenience store, gas pump islands consisting of six (6) pump stations under a 3,096 sq. ft. canopy, and related site amenities and improvements on a 1 .05-acre parcel located at 101 W. Woolbright Road zoned C-3 (Community Commercial). Applicant: Shane Laakso, Creighton Development. Motion Commissioner Romelus moved to table the Site Plan and Conditional Use until the May 19, 2020 Commission meeting. Commissioner Katz seconded the motion, which unanimously passed. C. Proposed Ordinance No. 20-002 - Second Reading - Approving the Boynton Beach Mall Rezoning from C-3, Community Commercial, to SMU, Suburban Mixed Use. Applicant: Bonnie Miskel, Esq., of Dunay, Miskel and Bachman, LLP. (The applicant has requested to continue this agenda item to the May 19, 2020 Commission Meeting.) D. Approval of the Master Plan Modification (MPMD 19-004) for the Boynton Beach Mall allowing for the phased conversion to a mixed use or lifestyle center with the reconfiguration of retail space, and the addition of residential, hotel and office uses to the existing movie theater, fitness center and church uses. (This agenda item has been continued to the May 19, 2020 Commission Meeting.) 9. CITY MANAGER'S REPORT- None 10. OLD BUSINESS - None 11. NEW BUSINESS 26 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 5, 2020 A. Proposed Resolution No. R20-039 - Authorize the Mayor to sign an Interlocal Agreement between the City of Boynton Beach and the City of Delray Beach to share the engineering design cost to rehabilitate Gulfstream Boulevard (SE 36th Avenue). Motion Commissioner Katz moved to approve. Commissioner Romelus seconded with discussion. Commissioner Romelus favored redoing that street and said it is a very vital road. This road was an introduction to our city, and it was atrocious. Mayor Grant wanted to see the design study so it would be a Complete Street as Delray is doing for NE 2nd Avenue from Lake Ida north. Vote The motion unanimously passed. 12. LEGAL A. Proposed Ordinance No. 20-010 - First Reading - Approve proposed amendments to Chapter 18, Article III, Municipal Police Officers' Retirement Trust Fund; amending Sections 18-164, 18-165, 18-169, 18-174, and 18- 175. Attorney Cherof read proposed Ordinance No. 20-010 into the record on first reading, by title only. Motion Vice Mayor Penserga moved to approve. Commissioner Hay seconded the motion, which unanimously passed. City Clerk Gibson called the roll. The motion passed 5-0. Mayor Grant requested an update at the next meeting regarding Tom Kaiser Veterans Memorial Park. Ms. LaVerriere explained the monument was ready to be installed and staff has contacted Mr. Kaiser. Mayor Grant requested pictures for the next Commission meeting. 27 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 5, 2020 Commissioner Katz complimented Mayor Grant and staff for just how smoothly these meetings have been running. He said having virtual meetings was an unpredictable transition, but staff is doing a great job. 13. FUTURE AGENDA ITEMS A. Consideration of an ILA between the City and CRA for CRA funding of the BB Blvd. Extension Project for $500K. - May 19, 2020. B. Request by Mayor Grant to discuss Wellington's home-based business regulations. - May 19, 2020. C. Provide update on potential sale of the Nichol's property to Pulte Homes - TBD D. Discussion and authorization to terminate Franchise Agreement with FLSC, LLC., for textile recycling program. (This item is tabled while staff continues to communicate with Textile Recycling Program regarding payment of the franchise fee) E. Mayor Grant has requested a discussion on Lake Park's Accessory Dwelling Unit Ordinance - TBD 14. ADJOURNMENT Motion There being no further business to discuss, Commissioner Romelus moved to adjourn. Seconded by Commissioner Hay. The motion unanimously passed. Meeting was adjourned at 10:24 p.m. (Continued on next page.) 28 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 5, 2020 CITY OF BOYNTON B CH 7. M. or- Steven B. Grant / / J Vice M. "a "1 as i i �1- C' 7i :loner—Justin Katz Commission- s • - row L. Hay H 7Awl.iice. oim Commission/ Christina Romelus ATTEST: d / g -IL C stat Gibson, MMC City Clerk / w ueenester Nieves, CMC Deputy City Clerk Attachment: Attachment "A" — Public Comments 29 May 5,2020 City Commission Meeting Minutes Attachment"A" Public Comments—May 5,2020 Commission Meeting Agenda Name Comments E-mail and/or Physical Address Phone No. Date/Time Method Item No(s). Received Received 1. 8A.(Ord.Nos. Michael "My father and I have owned the office complex at 115 W.Woolbright Road also known as mike@agnellofinancial.com 561-833- 04/20/2020;5:33pm Phone 20-005 and Agnello Woolbright Plaza,for 27 years. I've also owned other properties on Woolbright Road and 7080 Message 20-006) Boynton Beach Blvd. We do not have any long-term objection to the rezoning of the (Office) residential property that abuts Seacrest,behind the current 7-11 property;however, strongly object to it if it is going to lead to allowing the development company to establish a gas station at the corner of Woolbright Road and Seacrest. This proposed gas station would be adjacent to our property on Woolbright Road and the project would definitely not enhance the value of the area,let alone the negatives of the environmental issues such as gas odors,hazardous leaks and additional trash blowing around from the site. This project would also bring additional traffic,which is already a problem right now. Thank you for your time and dedication to the City of Boynton Beach." 2. 8A.(Ord.Nos. Yumna "I'm calling in regards to a 7-Eleven that is being considered for expansion. I don't think No address provided. 561-609- 05/04/2020;10:25am Phone 20-005 and Akhtar that is a very good idea. I would like to see if I can put in a vote to prevent it from taking 5446 Message 20-006) place in Boynton Beach. I think that if this gas station,this 7-Eleven,gets extended,there's going to be too much traffic and pollution and there's already so many gas stations in the area. I don't think it's a very good idea." 3. 8A.(Ord.Nos. Asad "I don't think this is a viable option. There are lots of gas stations already around in the Alamasad89@gmail.com 954-326- 05/04/2020:12:39pm Phone 20-005 and Alam area,in a 1.5 mile radius(inaudible). Expanding the property with the residential property 2655 5W 23'"Cranbrook Dr. 7679 Message 20-006) and changing the layout of everything,that's unacceptable. I say'no'to this(inaudible). It Boynton Beach,FL is bad for the neighbors,bad for the environment and bad for the businesses. Please say 'no'to this." 4. 8A.(Ord.Nos. Salek "Concerned about the 7-Eleven expansion close to our neighborhood. I think I speak for None provided. 910-265- 05/04/2020;2:44pm Phone 20-005 and Rasool the whole community when I say that it would be best if this expansion didn't happen. A 2815- Message 20-006) lot of us have families. The construction,the crime that is going to be increased,its just all unnecessary considering that there's so many gas stations in the area already. We would appreciate it if we could vote against this as a community. Thank you very much." 5. 8A.(Ord.Nos. Nadia "It has come to my attention that there is an upcoming possible 7-Eleven in the corner of Nadshah83@gmail.com 561-271- 05/04/2020;2:48pm Phone 20-005 and Shah the street. I just wanted to call and say that I'm not okay with because of various reasons. 6593 Message 20-006) It can cause increased traffic,a lot of noise. I know there are a lot of indigent people that do hang around area places that sell alcohol;7-Eleven is one of them and I don't want that to be increased. I am worried about my children being around,especially as they grow older. It is not something I look forward to having around in my neighborhood,especially since we already have about 6 or 7 gas stations all within one mile. I don't think we need another convenience store/gas station on the same street. Please take this seriously and I hope that you can understand where I am coming from. I appreciate the ability to be able to leave a message and voice my concerns. I hope you have a nice day." 6. 8A.(Ord.Nos. Laxmi "I'm a resident of Boynton Beach. I was calling regarding the expansion of 7-Eleven and I'm Laxmi123usa@gmail.com 954-798- 05/04/2020;2:59pm Phone 20-005 and against it. So please register my disagreement with this." 7571 and 3:00pm Messages 20-006) May 5,2020 City Commission Meeting Minutes Attachment"A" 7. 8A.(Ord.Nos. Hilda "I'm a resident of Boynton Beach and I'm calling regarding the project that I'm against." None provided. 954-260- 05/04/2020;3:02pm Phone 20-005 and 6481 Message 20-006) 8. 8A.(Ord.Nos. José "I'm against the agenda item. We don't need another gas station in that area. It's not elpresidentecinco@hotmail.com 954-673- 05/04/2020;3:25pm Phone 20-005 and good for the environment.I don't agree with the gas station. There's too many of them elpepe@hotmail.com 1447 and 6:14pm Messages 20-006) around and it's not good for the environment." 9. 8A.(Ord.Nos. Rashid "I am against this project. It's not good for the neighborhood and the environment.Too Rashidsaeed07@hotmail.com 954-822- 05/04/2020;3:24pm, Phone 20-005 and Saeed much pollution due to another gas station. It's not safe for being nearby the residents. 4241 3:26pm,3:32pm, Messages 20-006) Too many gas stations in this area;don't need anymore for this area. Thank you." 5:01pm and 5:03pm 10. 8A.(Ord.Nos. Aliya "I'm a resident of Boynton Beach and I'm calling because I'm concerned about the 7-Eleven None provided. 954-632- 05/04/2020;3:43pm Phone 20-005 and expansion project. This won't benefit our community as much as it will harm it. We do not 8549 and 3:45pm Messages 20-006) need extra pollution and traffic,as we already have enough of that. We need to think of our families and our own wellbeing and our family's safety and comfort. Frankly,I just do not see a need for this expansion. I hope you take this into consideration. Thank you." 11. 8A.(Ord.Nos. Al Raza "Hello. Please deny proposed ordinance 20-005 and 20-006 because it would allow gas aleereza@gmail.com None 05/04/2020;4:48pm E-mail 20-005 and pumps threatening public health in a densely populated area.It is harmful for our next provided. 20-006) generation and there is no need for it.7-Eleven expansion brings no benefit to the community and actually brings more harm." 12. 8A.(Ord.Nos. M.D. "I'm against the gas station,7-Eleven,over on Seacrest(inaudible). Thank you so much." None provided. 561-713- 05/04/2020;5:08pm Phone 20-005 and Zzaman 5068 Message 20-006) 13. 8A.(Ord.Nos. Nizid "I'm a resident of Boynton Beach and I'm also a realtor. Regarding the expansion of the 7- Nhasan6464@email.com 954-451- 05/04/2020;6:47pm Phone 20-005 and Hasan Eleven at Woolbright and Seacrest: I just want to give my opinion that I'm opposed to it 4157 Message 20-006) and there are already too many gas stations around there,the area. Also,I think it's going to bring the property value down for the area. The reason for my call is I'm opposing the expansion of this 7-Eleven gas station at Woolbright and Seacrest." 14. 8A.(Ord.Nos. Raihan "I am a resident of Boynton Beach.Living in a nearby neighborhood I do not wish to see rmustafall@gmail.com None 05/04/2020;6:48pm E-mail 20-005 and Mustafa this project take place.There is already a good amount of on going traffic in the area and provided. 20-006) this will increase the amount.In the long term,it will not be a place I see myself staying in. If I am feeling this way I am sure there are others as well considering more traffic will cause more noise." 15. 8A.(Ord.Nos. Salek "I am a resident of Boynton beach and I would like to formally express my disapproval of salekrasool@gmail.com None 05/04/2020;7:02pm E-mail 20-005 and Rasool 7/11's potential expansion on Woolbright Rd and Seacreast Blvd..I have lived in the area provided. 20-006) for many years and I am concerned about the increase in crime and traffic that are inherent with gas stations close to residential areas.We have a tight knit community and I have only heard disapproval for the motion since it was brought to our attention.There is no need for an expansion of the location,as there are enough gas stations in the area already.The noise from construction will undoubtedly be heard in nearby homes.I hope you take our community's concerns seriously.Thank you for your time and consideration." May 5,2020 City Commission Meeting Minutes Attachment"A" 16. 8A.(Ord.Nos. Aliya "I am writing this email in regards to the 7-Eleven expansion project in Boynton Beach.In my opinion,I do not think it ashah493@amail.com None 05/04/2020; E-mail 20-005 and Shah is a good idea for this project to be approved.There are already seven gas stations within a mile of the location.We provided. 7:03pm 20-006) are not in any shortage of them.This project will cause unnecessary pollution and traffic into our community and cause a non kid-friendly environment due to the increase of homeless population hanging around a 24 hour store. Please take my plea into consideration and do not let this project take place." 17. 8A.(Ord.Nos. Urwah "As a resident of Boynton Beach,I would like to express my concerns about the 7-eleven expansion on Woolbright Rd pod.hagCSgmail.com None 05/04/2020; E-mail 20-005 and Hail and Seacreast Blvd.I have a family with young children and at the moment I am happy with the environment my provided. 7:32pm 20-006) children are growing up in.This expansion will bring more traffic,noise and pollution.Please consider my concerns before approving the project." 18. 8A.(Ord.Nos. Salman "I'm calling with a request to oppose the expansion." None provided. 561-414- 05/05/2020; Phone 20-005 and Ravla 5143 9:08am Message 20-006)