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Minutes 03-21-17 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD ON MONDAY MARCH 21, 2017, AT 6:30 P.M. IN COMMISSION CHAMBERS, CITY HALL 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Steven B. Grant, Mayor Lori LaVerriere, City Manager Mack McCray, Vice Mayor James Cherof, City Attorney Justin Katz, Commissioner Judith A. Pyle, City Clerk Christina Romelus, Commissioner Joe Casello, Commissioner 1. OPENINGS A. Call to Order - Mayor Steven B. Grant Mayor Grant called the meeting to order at 6:30 p.m. He announced the Closed-Door Session did not take place. CLOSED-DOOR SESSSION on March 21, 2017 commencing at 5 pm in City Hall, pursuant to Section 286.011(8), Florida Statutes, for a private attorney-client session of the City Commission to discuss pending litigation in the following case: SECURED HOLDINGS INC, Plaintiff, vs. QUANTUM OVERLAY DEPENDENT DISTRICT, EUGENE GERLICA and CITY OF BOYNTON BEACH, Defendants — Palm Beach County Circuit Court Case No. 502016CA005668XXXXMB Invocation Mayor Grant gave the invocation. Pledge of Allegiance to the Flag led by Commissioner Joe Casello Mayor Grant announced the certified election results were received by the City Clerk. Copies were available in the back of the Chamber. A motion was needed to accept the results. Motion Vice Mayor McCray moved to approve. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. Meeting Minutes City Commission Boynton Beach, Florida March 21, 2017 Swearing In - Commissioner District IV - Joe Casello Judith A. Pyle, City Clerk, administered the Oath of Office to Commissioner Casello. Commissioner Casello explained it was a privilege and still is to again serve the residents of the City. He thanked his colleagues, announcing it was a privilege to work with them moving the City forward. He thanked his supporters and advised, for those who disagree with him at times, it is all for the betterment of Boynton Beach. The Commission congratulated him. Roll Call City Clerk Pyle called the roll. A quorum was present. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Katz added a discussion/announcement regarding Riverwalk and the property to the south as item J under Announcements. After brief discussion it was changed to Item 12. D., New Business. Mayor Grant requested to move item 12 B, Community Support Funds to the Women's Circle. Commissioner Casello requested item 12.C, Community Support Funds to GBCD Entrepreneurship Institute programs also be moved. Items 12. B, C, and D would be heard before the Consent Agenda. 2. Adoption Motion Commissioner Romelus moved to approve the agenda as amended. Vice Mayor McCray seconded the motion. Vote The motion unanimously passed. 2. OTHER A. Informational items by Members of the City Commission 2 Meeting Minutes City Commission Boynton Beach, Florida March 21, 2017 Commissioner Casello attended the Blarney Bash and commented it was very well attended. Children and seniors were present; there was a lot of activity, a great band and he hoped the event would continue to grow. He praised City and CRA staff on its success and thought it would be a signature event. Commissioner Romelus attended Palm Beach County Days and was able to observe the City's Legislators, particularly State Representatives Al Jacquet and Bill Hager and State Senators Bobby Powell and Jeff Clemons. She spoke to future professionals at a youth symposium hosted by Sigma Gamma Rho at the Carolyn Sims Center, and attended the Blarney Bash with.her family, noting it was a fun family event. She sat as a panelist at a Black Women Rise conference with other elected officials and those who ran unsuccessfully, for those who seek public office. She visited Hack Lab and advised those interested in technology can learn a lot there. Vice Chair McCray advised his mother passed at Bethesda Memorial Hospital and prayers were needed. He thanked those who voted .for him in the election and appreciated their votes. He looked forward to them returning to vote on the next election. Commissioner Katz offered condolences to Vice Mayor McCray. He attended the Blarney Bash and prior to that, the second Boynton Rugby game for high school students. It is a new club that is not affiliated with the City that will meet on Friday nights at the Hester Center, providing an opportunity for youth to grow. He had spoken with representatives from Isram Realty and Hunters Run. Mayor Grant celebrated his birthday on March 7th, attended Palm Beach County Days on the 8th and met with elected officials Jeff Clemons, Paul Renner, and Bill Hager. He spoke with Space Florida and is trying to get them to come to Boynton Beach. On the 13th he went to the Boynton Beach High School aviation program noting the high school is FAA accredited to issue remote pilot licenses. He attended a candidate forum for District II on the 9th; the Art in Bloom exhibit at the Children's Schoolhouse Museum on the 10th and the soft opening of NOBO, Boynton Beach's fourth brewery. He attended the Boynton Beach Youth Movement at the high school on the 11th. On the 13th he spoke about his trip to Taiwan at the City Library Brown Bag series and Coffee with a Cop the next day. He toured the Port of Palm Beaches, noting it is the most efficient port in the U.S. based on tonnage and size. It is 160 acres and provides over 2,500 jobs resulting in over $5 billion in economic activity. Mayor Grant wanted to create relationships with City warehouses and businesses to better ship their goods. On the 15th, he attended an event with Mack Bernard, attended the MPO meeting on the 16th and met with Stacy Miller, the Secretary for the Florida Department of Transportation (FDOT) on the 17th. Federal Highway will be restriped in 2019 and FDOT will improve the intersections at Woolbright Road, Gateway Boulevard and Boynton Beach Boulevard. He explained his concerns regarding crosswalks and safety to them. He attended the Blarney Bash and was happy the City has family friendly events. He also spoke to the Historical Society advising them of what was occurring in the City. 3 Meeting Minutes City Commission Boynton Beach, Florida March 21, 2017 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announce Career Expo at Carolyn Sims Center, Thursday, March 23, 2017 from 8:30 a.m. - 12:00 p.m. sponsored by the CRA, City of Boynton Beach and CareerSource. Mayor Grant read this item and advised there are flyers in the back of the room. He asked all to spread the word as the more who attend, the more employers will be at the next event. He wanted to do this on a routine basis as the last one was held in October. B. Announcement by Recreation & Parks Director, Wally Majors, of the Concert on the Green that will be held April 22, at The Links of Boynton Beach, from 5 - 7 p.m. Wally Majors, Recreation and Parks Director, announced they were happy to bring back the Concert on the Green. The Department has been working with Ron Tapper, for a beautiful evening, featuring the Fabulons, and since it is Earth Day they will provide tours of the Audubon Cooperative Sanctuary, have children's activities and refreshments. They are looking forward to it and hoped all would attend. C. The joint City Commission/CRA Workshop for six month update on 2016 strategic plan that was scheduled at the Intracoastal Park Clubhouse (IPC) at 3:30p.m. - March 28, 2017 is going to be re-scheduled and the date will be announced as soon as it is re-scheduled. Mayor Grant announced the workshop will be rescheduled to a later date. C. Announce the April 3rd Mayor's Town Hall Meeting on Monday, April 3, 2017. The meeting will begin at 6:00 p.m. and take place at Bay Bay's Chicken & Waffles located at 326 Congress Avenue in the Oakwood Square Shopping Center. Mayor Grant read this item and explained the Town Hall meeting would be held at Bay Bays Chicken and Waffles, next to Pier One Imports in the Oakwood Square Shopping Center on Congress Avenue. E. Proclamation for Run Off Election to be held on March 28th, 2017 between James "Jim" DeVoursney and Mack McCray for one Commissioner in District II. Mayor Grant read the proclamation declaring the run-off election and detailing the precinct polling locations. A list of the polling locations was in the back of the room. F. Proclaim March as American Red Cross Month 4 Meeting Minutes City Commission Boynton Beach, Florida March 21, 2017 Mayor Grant read the proclamation. Present to accept the proclamation was Glenn Joseph, Boynton Beach Fire Chief. G. Proclaim April 5, 2017 as Arbor Day Mayor Grant read a proclamation declaring April 5, 2017 as Arbor Day. Present to accept the proclamation was Jeff Livergood, Director Public Works and Engineering. Mr. Livergood noted in 1872, without Facebook, Email or Twitter, one man in one state was able to organize in one day the planting of one million trees. He advised trees are a renewable resource and anything done to plant or maintain a tree enhances our environment. H. Presentation of Certificate to City Commission by Dr. Alina Alonso, Director of Florida Department of Health in Palm Beach County, recognizing the City of Boynton Beach as a Healthiest Weight Community Champion. Dr. Alonso recognized it takes a dedicated community to be the change and champion for the health of its residents. Boynton Beach exemplifies these efforts with its greenway/blueway paths in new developments and links to existing bike and sidewalk paths to points of interest. Boynton Beach has a 50/50 mix of active and passive parks. Employees participating in the Let's Move Campaign logged more physical activity hours than any other community for the last three years. Working together improves the City for residents and visitors, but also encourages physical activity that leads to a healthier community. She was proud to present the Healthiest Weight Community Champion certificate signed by Celeste Phillips, M.D. Surgeon General and the Secretary of Health at the Department of Health in Tallahassee. Mayor Grant accepted the Certificate. On another matter, Mayor Grant announced the 2017 South Florida Police K-9 Competition on Saturday the 25th at Boynton Beach High School from 2 p.m. to 8 p.m. It is a free, fun, family event. No pets allowed. I. Boynton Beach Fire Rescue Department and the members of the Boynton Beach Professional Firefighters IAFF Local 1891 check presentation of the funds raised in the annual "Fill the Boot" charity fund raising event for the Muscular Dystrophy Association. Glenn Joseph, Boynton Beach Fire Chief, announced February is designated for the Fill the Boot Campaign for the Muscular Dystrophy Association (MDA.) Firefighters and IAFF Local 1891 spent the entire month collecting for MDA. They presented the MDA a check at the end of February for $33,208.78 and the Department exceeded their goal.. Jeaneece Washington, on behalf of MDA, thanked the City Commission for allowing the firefighters to collect for MDA. She announced she brought along an MDA family. 5 Meeting Minutes City Commission Boynton Beach, Florida March 21, 2017 "Thomas" experienced camp and has been with MDA for a while. Thomas commented he has an amazing experience with MDA, especially with summer camp which is only a week in the summer. Kids with MDA have a good time with compassionate volunteers. It is the only sleep-away camp in the Palm Beach County area that cares for youth with physical disabilities that cannot feed or dress themselves. He thanked the firefighters for raising money and all the many things they do that help their families and to finally find a cure. John McMann, Local 1891, explained firefighters have been supporting this cause for over 60 years. The kids are the heroes; not the firefighters, and they will continue to support the MDA. He thanked all who donated. Commissioner Romelus advised she had volunteered at an MDA camp and it is the first time families could send their kids to camp knowing they are in safe hands. For some, it is also the first time youth swim or are in a pool. She thought it was an amazing organization and requested they continue to support this cause. 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) Reverend Bernard Wright, 713 NW 2nd Street, extended his deepest condolences to Vice Mayor McCray. On behalf of his family, as CEO of Real Talk Radio, the Wells Foundation and the Bernard Wright Ministry and his neighborhood, he extended thanks to those who supported him and his endeavors over the last few years. He thanked the City Commission and Jeff Livergood, Director Public Works and Engineering for his help. He has seen a great change in the City. He congratulated Commissioner Casello on his election and thanked his wife for her support. He thanked Vice Mayor McCray for the support funds for the Robert E. Wells event. He had receipts and hoped the event would grow bigger and better each year. Susan Oyer, 140 SE 27th Way, thanked Commissioners Casello and Romelus for speaking in her classroom last month as well as department heads and City Manager Lori LaVerriere as her students learned about local government. She encouraged all to plant trees and she started her official school fundraiser to plant trees which will be planted in Africa. Previously trees were planted in Haiti. She encouraged the City to plant more trees at the entryways to the City and Congress Avenue and had previously provided information about it to the City Commission. She thought if the City was part of Tree City USA, they should have more trees and she requested it be put in the budget. Jean Waters, Main Boulevard, announced she and her husband live in Boynton Beach. She had heard the announcement of All Peoples Day at the last City Commission meeting and also attended the Blarney Bash. She asked if Boynton Beach was a safe 6 Meeting Minutes City Commission Boynton Beach, Florida March 21, 2017 city for immigrants and if it would be addressed at a Town Hall Meeting. Mayor Grant responded the Town Hall Meeting is for whatever residents want to bring up; however, in reference to being a safe City, the Police Chief has indicated it is following the law. No one else coming forward, Public Audience was closed. 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: Arts Commission: 1 Alt Building Board of Adjustments &Appeals: 1 Reg and 2 Alts Library Bd: 2 Alts Recreation & Parks Bd: 2 Alts Senior Advisory Bd: 1 Reg and 2 Alts Mayor Grant read the open positions. 12. B. Approve the request of Mayor Steven B. Grant to distribute $250 of his Community Support Funds to Women's Circle, a non-profit organization. (Heard out of order) Tee Jackson, representing the Women's Circle, gratefully accepted the $250 to be used toward supplies. The Women's Circle is a non-profit organization. They are happy to be in the City and have the support of the Mayor, Police and all who come by. The organization assists underserved, low-income women in employment, computer classes, ESOL and citizenship classes, GED programs and more. They needed administrative supplies and thanked them on behalf of Women's Circle. Motion Commissioner Casello moved to approve, Vice Mayor McCray seconded the motion. Vote The motion unanimously passed. 12. C. Approve the expenditure from Commissioner Casello's Community Support Funds of $1,000 to support the GBCD Entrepreneurship Institute programs. (Heard out of order) 7 Meeting Minutes City Commission Boynton Beach, Florida March 21, 2017 Annette Gray, Founder, GDBC Entrepreneurship Institute, 3200 S. Congress Avenue, advised the Institute provides entrepreneurial development for people of all ages starting at nineyears old and continuing to 89. They are focused on two initiatives. She invited all to their South Florida Small Business and Finance Conference at Benveneuto's on May 25th and their Mobile Entrepreneurship Leadership Unit. She is working to obtain a bus from Palm Tran to bring opportunities into the community including youth entrepreneurship, tutoring, senior development in computers and making sure their services are accessible to all. Vice Mayor McCray asked if the services will only be available to Boynton residents and learned it is a regional economic development tool. She will work with all CRAB and the County. Commissioner Romelus asked if they help small businesses create business plans and learned they provide one-on-one coaching, business plan development, structuring, grant writing boot camp, and a business start boot camp. They can help businesses at all stages in the business cycle. Motion Vice Mayor McCray moved to approve. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. 12. D Discussion/Announcement Riverwalk and the property to the south. Commissioner Katz commented during the course of the Consolidated Plan Riverwalk development discussion that took place, he had been clear he would support the project and held that position. A request was made, if supporting the project, they work on concessions or improvements to make the development more palatable. One idea that came up was to attempt to acquire and preserve the mangroves located just to the south. The property was not available at that time, but since approval, has become available and Isram secured the property. If the City Commission is interested and desires, Isram will give the property to the City for preservation purposes. Shaul Rikman, Isram Development, explained their intent was not to do anything further than what they had proposed and they had indicated it would be in Isram's best interest to maintain the south part of the adjacent land in its current state. Isram was able to secure that land after the project was approved. Commissioner Katz was the first Commissioner to request Isram try to obtain the land, which they recently closed on. Mr. Rikman commented it would still be in their best interest to keep the land a preserve area. In order to do so, he asked City officials if they would be willing to work with Isram on an agreement to deed the land to the City for a recreational or other purpose to sustain the land conditions and improve it for the whole community. This would be subject to the City and Isram being satisfied. Attorney Cherof requested Isram submit a written proposal and legal would review it. 8 Meeting Minutes City Commission Boynton Beach, Florida March 21, 2017 Commissioner Katz thought with potentially being gifted and there being access points through Isram's property, certain legal agreements would have to be made regarding usage, access and deed restrictions. It would be a benefit to the City if the City Commission agreed and he favored the suggestion. He hoped they could extend the boardwalk further into the open area by the mangrove as it would give a greater view of the Intracoastal Waterway and he had consulted with Seagate to ensure they are happy with the potential use of the land in the future. It preserves the buffer and the Riverwalk Plaza. Vice Mayor McCray requested confirmation mangroves are protected in Florida and learned they were. Mayor Grant was in agreement with the proposal and looked forward to working with Isram in the future. Motion Vice Mayor McCray moved to proceed. Commissioner Romelus wanted to include adjacent community input. Mayor Grant noted it was public record. There was consensus to proceed. 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. PROPOSED RESOLUTION NO. R17-027 - Authorize the execution of a fourth amendment to the lease agreement for telecommunications tower site with Verizon Wireless Personal Communications LP d/b/a Verizon Wireless to sublease to American Tower Corporation and to allow four (4) additional five-year terms, thereby extending the lease agreement 20 years to June 17, 2041 for the existing telecommunications tower at 415 NE 4th Street. B. PROPOSED RESOLUTION NO. R17-028 - Authorize the City Manager to sign individual agreements with four (4) firms as a result of RFQ No.: 067-2821- 16/TP for Professional Survey and Mapping Services, individual task orders for projects will be issued and submitted to the Commission for approval in accordance with the City's Purchasing policies and procedures. C. Approve reduction of a Bond, in the form of a Letter of Credit, by the amount of $445,502.40 for the completion of the clearing and grubbing and the completion of the paving, grading, and drainage improvements in association with the Aspen Glen project. D. Legal expenses - February 2017 - Information at the request of the Commission. No action required. 9 Meeting Minutes City Commission Boynton Beach, Florida March 21, 2017 Mayor Grant pulled this item and commented the City is still spending money on Red Light Cameras. He asked how long the expenses for the Red Light Cameras would continue. Attorney Cherof explained it would not be much longer as it pertained to tickets, because the City stopped issuing tickets at the end of December. There are still court cases pending and they reached a settlement in one of them for a continual payment over a period of time for a flat fee for a few hundred violators. There are still court cases pending and a federal case pending, so there would be some expense, but the numbers should dwindle over the next few months. Mayor Grant commented the ticket is $158 and the hourly rate is $195. He did not want to spend the City's money on more attorney fees than what they can capture from the tickets. He asked if they could learn how much money or tickets are outstanding by the end of March, so the City can make a business decision to prosecute these cases and learned the information could be provided. Commissioner Casello asked about the federal case filed. Attorney Cherof explained it is a class action suit for all the individuals that received tickets. Anything the City collected, in theory, would have to be paid back. Motion Vice Mayor McCray moved to approve. Commissioner Casello seconded the motion. Vote The motion unanimously passed. E. Accept the Fiscal Year 2016-2017 Budget Status Report of the General Fund and the Utilities Fund for the four (4) month period ended January 31, 2017. F. Accept the written report to the Commission for purchases over $10,000 for the month of February 2017. G. Approve the minutes from the Regular City Commission meeting held on March 6, 2017. Motion Vice Mayor McCray moved to approve the Consent Agenda. Commissioner Casello seconded the motion. Vote The motion unanimously passed. 7. BIDS AND PURCHASES OVER $100,000 10 Meeting Minutes City Commission Boynton Beach, Florida March 21, 2017 A. PROPOSED RESOLUTION NO. R17-029 - Award the Bid for "Self-Contained Breathing Apparatus (SCBA) for Boynton Beach Fire Rescue", Bid No. 017- 2210-17/JMA to Municipal Emergency Services, Inc. (MES) of Pinellas Park, FL in the amount of $744,600, and authorize the City Manager to sign a Master Equipment Lease Purchase Agreement with Community Leasing Partners. Motion Vice Mayor McCray moved to approve Commissioner Katz seconded the motion. Vote The motion unanimously passed. 8. CODE COMPLIANCE and LEGAL SETTLEMENTS - None 9. PUBLIC HEARING Attorney Cherof explained the next four items pertained to the same project commonly known as Ocean One. There is a rezoning and abandonment, each on first reading of ordinances. The second two items, the community design appeal and the site plan are not ordinances and are ordinarily tabled until the first two ordinances come back for second reading. The burden is on the applicant to move forward. Bonnie Miskel, Esq. representing Ocean One was present. Attorney Cherof announced he would read both ordinances to start and they would be discussed separately. Attorney Miskel had no objection to consolidating the presentation on all four items although the last two would not be heard at the meeting. 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. PROPOSED ORDINANCE NO. 17-008 - FIRST READING - Approve Ocean One rezoning from Central Business District (CBD) to Mixed Use High Intensity (MU-H) District with a proposed two phase master plan for a total of 358 multi- family rental units, 12,075 square feet of commercial retail space and a 120-room hotel. Attorney Cherof read Proposed Ordinance No. 17-008 by title only on first reading and Proposed Ordinance No. 17-009 by title only on first reading. He administered an oath to all those intending to testify. 11 Meeting Minutes City Commission Boynton Beach, Florida March 21, 2017 Attorney Miskel presented the Ocean One project, noting the Commission has heard bits and pieces .ofit at the CRA meeting. The property is on the southeast corner of Boynton Beach Boulevard and Federal Highway, spanning the entire city block between 6th Street and Federal Highway and E. Boynton Beach Boulevard and Ocean Avenue. An aerial was viewed. The zoning will be changed from Central Business District to Mixed Use High. The underlying land use is Mixed Use Core (MU-Core). When MU- Core was created, a MU-High zoning category was adopted to implement the core. The request is consistent with the underlying land use and intent. The applicant was asked to include parking on Federal Highway to the west. They had to shift the project over and in doing so it affected a small portion of land on NE 6th Court which is part of the request. They are requesting an abandonment of a right turn lane on Boynton Beach Boulevard as there is not sufficient traffic to keep it and they want to incorporate it into the project for parking. There are large plaza areas planned for Boynton Beach Boulevard around the entire site so the turn lane will be open space/public plaza and landscaping. The zoning map reflected the Central Business District, changing to MU-High. Casa Costa, the Promenade and Marina Village are all MU-High. The LeCesse property on the other corner amended their zoning to MU-High. They are compatible with surrounding projects and important for implementation of the MU-Core land use. The project is proposed in two phases. Phase I is on the north half of the site and has 231 residential units, 8,575 square feet of retail with a parking structure for the residents and customers. On-grade public parking is planned on the adjacent lot to the south and around the perimeter of the site. A drawing of the phases was viewed. The plan for phase II is an additional 127 units and 120-room hotel with a central public plaza area proposed. They are planning parking on the surface area of the lots. The area around the perimeter has parking on the west, east and south sides, and places planned until phase II is constructed to be on the ground level to serve the public which is part of a parking garage. The units are around a common amenity deck on the ground level. Retail will be on Federal Highway and on the northeast corner of the site, and the parking garage flanks and attaches to the building on the south side. The entry of the Phase I building is on Boynton Beach Boulevard and there is a cut out for drop offs and pick-ups. Behind the central portion of the building will be a lobby and plaza amenities with a pool and other items for the residents. It is a u-shaped project with units on the upper levels. There will be a restaurant on the northeast corner, retail on the northwest corner and on Federal Highway. A side perspective was viewed and staff ensured they adequately screened the parking garage to look like a building. Retail will be on the lower level. Other elevations were viewed. When rezoning, there is criteria requiring demonstration . of need, justification, consistency, land use patterns, sustainability and availability of public infrastructure and services, compatibility, have an economic benefit and cannot be an economic deterioration, all of which has been provided and met. The MU-Core land use category 12 Meeting Minutes City Commission Boynton Beach, Florida March 21, 2017 was designed to add intensity downtown to support starving businesses and generate new retail business. They feel the 8,575 square feet of retail will be supported by residents and those nearby. The project is compatible with surrounding communities. They have very large pedestrian areas for residents and the community such as wider sideways and plaza -areas than are required. They met all of the criteria. There is availability and capacity to handle the project. It is an eight-story residential building and the garage is seven stories. They did not max out the intensity on the site, as there was not a demand in the market for a high rise, and it is a sensible use of the site. It did not max the height or the box a developer could build within. Harry Woodworth, 685 NE 15th Place, commented everything Attorney Miskel presented was compatible and was discussed years ago and all thought it was wonderful. He commented on the way to the meeting, he drove around the block and there was not one empty parking space on Boynton Beach Boulevard, or down behind and where the restaurants were and there were cars waiting for others to pull out. He thought there was already a parking issue and they must do something as the development will not fix it citing a City study indicating they are 1,200 spaces short. There is never parking available. He commented the discussion is to giving an $8.2 million and a $400 thousand piece of property away for $10 and an abandonment. He noted the City gets less TIF than the developer does and this developer will get more than any other developer. He asked what the current appraised property value was. Attorney Miskel noted there was an appraisal on the CRA's portion included in the meeting material, but the property was bought years ago. She did not have that appraisal, was unsure of the relevance and noted it was not required. Robert Lewis, 350 N Federal Highway, Apt 510, Casa Costa, favored the project and was ashamed of the empty lots in front of their homes. He was pleased the City was finally getting a downtown. He attended the Planning and Zoning meeting a week ago and there were a lot of technical questions, but at the end of the meeting, they unanimously approved the project. He did not have questions of the developer, but voiced his support. Raymond Weedy, 625 Casa Loma, a new resident, explained he lived through growth spurts in other states and was familiar with developer presentations on growth, traffic and schools. He noted each developer presents one small piece. He thought it was incumbent for the City to review the aggregate. Mayor Grant commented there is backup documentation. He wanted to ensure the City makes decisions on each individual project and the area as a whole. Irwin Cineus, 305 NW 12th Avenue, asked if the developer would consider a Community Benefits Agreement (CBA) for jobs or supplies. Ms. Miskel explained there will be an agreement on an upcoming agenda that includes a CBA. It will be at a public meeting. 13 Meeting Minutes City Commission Boynton Beach, Florida March 21, 2017 Mr. Cineus asked how far the property was from the ocean and learned it is a short walk to the Intracoastal Waterway and then over the bridge to the ocean. He asked if the proximity to the ocean would affect the appraisal. Attorney Miskel did not know. Commissioner Casello asked why an appraisal was being requested. Mayor Grant explained an appraisal is not a requirement for development; however, a constituent asked about the current value of the property. It costs money to have an appraisal done. Susan Oyer, 140 SE 27t" Way, commented normally appraisals are done when buying and selling property and she asked where the appraisal was. She did not recall the parking ratio for all these units and thought it should be 2.0 or higher from the current 1.7 spaces. She thought the units would be expensive and there will be roommates resulting in more vehicle parking. At the March 15th CRA meeting, they were told 2,000 square feet of Casa Costa was rented. She asked why they are including more retail if they cannot rent the 17K square feet of existing vacant retail space and questioned why not build the hotel as the first phase of the project as it will create jobs. Skilled jobs and long-term permanent positions were needed, not short-term construction. She asked what was being done about the parking garage as they are ugly She advised West Palm is contemplating one with living walls and global warming is a problem. She noted at the CRA meeting, Commissioners Casello and Katz indicated they wanted the most dollars possible for the taxpayers. No one else coming forward, Public Comments was closed. Mayor Grant had questions what the parking lot would look like looking north and asked if there will be a bigger picture at the next meeting with the site plan. He asked what the rest of Phase II would look like between the phases. He requested residents not be allowed to park on the street and they have parking control on the street two hours during the day and longer at night. He asked what would happen to the parking spots when Phase II is built, what the ratio would be and where construction workers would park, The Board wants to see the lot fully developed, but wants to know the process. Hannah Matras, Senior Planner, spoke to Mr. Weedy's concern and explained the project is in the Community Development area. After a year of work, they approved a Consolidated Plan which has detailed recommendations for the CRA areas which are divided into districts and the project fits into the downtown district. The zoning for the first item is consistent with what the CRA recommends. Usually staff addresses land use amendments and rezonings, but the City reclassified nearly the entire downtown area to a mixed-use land classification and then the applicant will request the zoning, together with the master plan. In 2006, a part of the property with the financial plaza had a project proposed for it that was also mixed use consisting of a hotel, office and multi-family units, but it fell by the wayside due to the recession. There were three projects, as of now, that availed themselves of the zoning district, which was Casa Costa, Marina Village, and 500 Ocean. She reminded all the project is in a Transit 14 Meeting Minutes City Commission Boynton Beach, Florida March 21, 2017 Oriented Development District which allows developers within a half mile of a proposed commuter train south of Boynton Beach to have a 25% increase in density. She pointed out this project is a quarter mile from the station and within walking distance. Staff had heard concerns there was an overbuilding of apartments. Ms. Matras read the following from CBRE 17: "Strong population, in-migration and job growth are fueling the Palm Beach multifamily market. Additionally, as prices continue to climb for single family homes, residents are choosing to rent, particularly millennials just starting out who may not be able to afford a home in the market. Both millennials and baby boomers are creating demand for rental units with the latter showing a preference to reside in more urban areas. Market participants anticipate vacancy will be stable over the next two years and rent will continue to increase." Single-family home prices were increasing. The main underlying factor is the demand for rental apartments. Baby boomers also created demand for rental units and most choose to becloser to downtown. Developers and investors have this trend and currently the market anticipates net absorption and vacancies will be stable or over the next two years rents will continue to rise. Ms. Matras commented the City needs to build its downtown and this should be a catalyst. The discussion about how much commercial they should support is a good question, but restaurants and these kinds of establishments service apartments and create the demand for these kinds of uses. Commissioner Casello asked if staff recommended approval and learned they did. Motion Commissioner Casello moved to approve. Commissioner Katz seconded the motion. Attorney Cherof clarified the vote was on proposed Ordinance No. 17-008. City Clerk Pyle called the roll. Vote The vote was 5-0 B. PROPOSED ORDINANCE NO. 17-009 - FIRST READING - Approve request for abandonment of a portion of right-of-way of Boynton Beach Boulevard east of Federal Highway, and NE 6th Court between Boynton Beach Boulevard and Ocean Avenue, .in conjunction with request for new site plan approval for the Ocean One mixed-use project. Applicant: Davis Camalier / Ocean One Boynton, LLC. 15 Meeting Minutes City Commission Boynton Beach, Florida March 21, 2017 Motion Commissioner Casello moved to approve. Commissioner Romelus seconded the motion. City Clerk Pyle called the roll. Vote The vote was 5-0. Motion Commissioner Romelus moved to table items C and D. Vice Mayor McCray seconded the motion. Vote The motion unanimously passed. C. Approve requests for a Community Design Appeal of 1) Chapter 3, Article III, Section 5.C., "Build to-line", which requires buildings to be constructed with a build-to-line of 0 to 15 feet, to allow a setback of approximately 19 feet; and 2) Chapter 4, Article Ill, Section 6.F., "Off-Street Parking Area Standards", which requires facades of parking garages that front on an arterial or collector roadway to be wrapped with habitable space. Applicant: Davis Camalier / Ocean One Boynton, LLC. THIS ITEM IS ADVERTISED FOR THIS MEETING BUT SHOULD BE TABLED TO APRIL 4, 2017 SO THAT FINAL ACTION OCCURS ON THE SAME DATE AS ACTION TAKEN ON THE CORRESPONDING REZONING AND ABANDONMENT ITEMS. D. Approve request for a New Site Plan for multi-family residential (rental apartments) consisting of 231 dwelling units within an eight (8)-story building, retail space, and associated recreational amenities and parking on 1.93 acres. Property located at 114 N. Federal Highway. Applicant: Davis Camalier / Ocean One Boynton, LLC. THIS ITEM IS ADVERTISED FOR THIS MEETING BUT SHOULD BE TABLED TO APRIL 4, 2017 SO THAT FINAL ACTION OCCURS ON THE SAME DATE AS ACTION TAKEN ON THE CORRESPONDING REZONING AND ABANDONMENT ITEMS. 10. CITY MANAGER'S REPORT A. Discuss Budget Workshop times for July 17-19, 2017. 16 Meeting Minutes City Commission Boynton Beach, Florida March 21, 2017 Ms. LaVerriere explained they set aside three days in mid-July based on the TRIM schedule and the times they need to have the tentative millage rate established and sent to the State. Staff was considering July 17th, 18th and 19th for the Budget Workshops to be held in the Library Program Room and will start announcing the dates to inform the public. They start on a Monday and go into the evening, depending on how long the City Commission wants to stay. There is a City Commission meeting on July 18th, so start in the morning around 10 and on Wednesday, should they need the third day, start in the afternoon. She had heard about starting later on Monday and going later to allow the public to come home from work, or having open workshops in May prior to the City Commission meetings. Mayor Grant liked meeting prior to City Commission meetings, noting there is a fifth Tuesday in May. He wanted to hold a workshop from 6:30 p.m. to 8:00 p.m., for the residents to say what they want in next year's budget. He had received an email requesting a radar or flashing light indicating speed, similar to coming over the bridge in Ocean Ridge. It is also an opportunity for the City Commission to discuss what they would like in accordance with the Sunshine Law. Commissioner Casello and Vice Mayor McCray were fine with the date and time. Vice Mayor McCray liked having a late session on the 17th. They need one workshop to run into the evening so they can participate. Ms. LaVerriere anticipated the third day would be used with the surtax and capital improvement projects. Commissioner Romelus suggested starting at 4 p.m. to have more time to work and not have to stay late. Mayor Grant responded the residents know they have later meetings. Commissioner Katz had no preference for time, noting the meetings go smoothly. There was consensus to. start at 5 p.m., then 10 a.m. on Tuesday due to the City Commission meeting later that day Vice Mayor McCray wanted an update on the one-cent sales tax. Ms. LaVerriere explained the Commission just approved the list of projects last month and got the committee in place. The next discussion is during budget to discuss year two of the surtax. This year for the pro-rated share, the Commission agreed on sidewalks and streets. It is estimated to be about $3.2 million for the remainder of this fiscal year. Vice Mayor McCray asked when the City would receive the funds. Ms. LaVerriere responded she anticipated receiving the funds late this month or next month from the Department of Revenue. Ms. LaVerriere explained there would be a 5 p.m. Monday start time on July 17th and they usually do not set an end time so the City Commission can decide when to stop. Tuesday morning they will start at 10 a.m. and Wednesday they will start at 2 p.m. in addition to, the May 30th budget public workshop at 6:30 p.m. in City Commission Chambers. 11. UNFINISHED BUSINESS 17 Meeting Minutes City Commission Boynton Beach, Florida March 21, 2017 A. Consider additional research conducted by staff and provide direction relative to the addition of zoning regulations that would allow medical offices as accessory uses to a residential development. Ms. LaVerriere explained this is a follow up item at the request of the City Commission about medical uses in residential areas. She advised staff was asked to report what Dade and Broward County have. Mayor Grant understood there have not been any commercially designated offices in a strictly residential development. Mike Rumpf, Planning and Zoning Director, explained, they researched numerous cities and Sunrise, Margate and Riviera Beach had some type of provision that allowed medical offices in a strictly residential projects. Vice Mayor McCray asked if the City could institute the same. Mr. Rumpf explained if the City Commission wants, they could amend the Code to maintain the integrity of the regulations and preserve the environments while adding the use. Vice Mayor McCray requested staff amend the Code and bring back a draft. He noted this would not involve drugs and would more likely involve home health services. Mayor Grant asked if this would allow for commercially designated development besides medical uses in residential only areas. Mr. Rumpf explained it is whatever they write into the regulations. They could specify uses, maximum square footages, even what the level of staff expertise would be, as well as number of employees or patients. Mayor Grant asked if they wanted a concession area that would serve residents, and learned staff would need to specify the zoning districts to maintain some type of control. The difference between a conventional neighborhood and a planned unit development (PUD) is a PUD is a governing authority that has interest in maintaining that environment. The City does not usually take that on, although the City has Codes and standards to enforce. They usually look for some type of management entity or board if there is an association to look out for its community. Mayor Grant commented he would meet with Mike Rumpf. Commissioner Casello asked if larger communities, gated and un-gated communities have this type of facility and learned they do not, but some have personal services that are licensed and approved. Mayor Grant wanted more information regarding the commercial establishments from the three cities, regarding their Codes allowing it in residential neighborhoods. Vice Mayor McCray also wanted to meet with Mr. Rumpf, to find out what was occurring and then discuss it again. Mayor Grant suggested hearing the item the second meeting in April. 12. NEW BUSINESS A. Authorize reimbursement of$50,000 general fund dollars to U.S. Department of Housing and Urban Development (HUD) in association with Community Development Block Grant Activities as a result of 2011 HUD audit. 18 Meeting Minutes City Commission Boynton Beach, Florida March 21, 2017 Mr. Howard explained this is a request for City Commission approval to refund $50K to HUD based on an audit they performed of CDBG funds. In 2002, the City partnered with Palm Beach County and used CDBG funds for an economic development project for a company to create jobs. The company went under, did not produce the jobs, and HUD, when they conducted the audit, said they want their money back. Other items they found pertained to land parcels the City bought from 2002 to 2005 that were not yet developed and sold, some of which were on the model block. Staff worked with HUD on the lot issues because the value they wanted back initially was over $500K. Housing and Urban Development personnel said the City land banked the lots and their policies did not permit land banking. The City provided documentation the recession occurred and they could not develop the lots. By the time they requested the funds be returned, the City had transferred the lots to the CDC and Habitat for Humanity. Homes were either under construction, permits submitted or the homes were near completion and/or sold. The City closed out the activities and said the City did what they were supposed to do according to the CDBG guidelines. There was no way to avoid the $50K refund. Since then, Florida moved to a Qualified Tax Incentive (QTI) program which withholds funding to companies until they produce documentation that they completed the task. Housing and Urban Development now requires the funds be paid from the general fund. Then they will increase the allocation to CDBG to allow the City to use the $50K and withdraw it again within the program rules of CDBG. The City has to request a reprogramming of the $50K. The City has to refund the monies from the General Fund, but they will get it back to use under CDBG. Mayor Grant inquired how organizations apply for CDBG and learned there are several activities CDBG funds could be used for and interested parties should contact Ms. Sherrod and Mr. Mack. There is a public workshop and application process held once a year. Applicants can submit the appropriate paperwork. They are ranked by a panel and come to the City Commission for the award. Staff holds a public meeting because the Action Plan has to be approved in July. The City has paperwork in their office. Vice Mayor McCray noted HUD was going to cut CDBG funds. Mr. Howard agreed. Unofficially, HUD funds will be cut by a certain amount, which will trickle down to the CDBG allocation entities, such as the City and the City may lose all of its funding. They will know more this summer. The City received $463K of CDBG funds this year. Motion Vice Mayor McCray moved to approve. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. 19 Meeting Minutes City Commission Boynton Beach, Florida March 21, 2017 B. Approve _the request of Mayor Steven B. Grant to distribute $250 of his Community Support Funds to Women's Circle, a non-profit organization. This item was addressed earlier in the meeting. C. Approve the expenditure from Commissioner Casello's Community Support Funds of $1,000 to support the GBCD Entrepreneurship Institute programs. This item was addressed earlier in the meeting. 13. LEGAL A. Discussion and direction regarding scope of Medical Marijuana Treatment Center zoning and use regulations Attorney Cherof noted the handouts and announced as of noon today, there are 13 separate bills pending in the House or Senate, none of which were acted on and two coming up for committee meetings in the next 10 days. Senate Bill 614 and Senate Bill 1388 were included. Senate Bill 614 is 62 pages long; however, he provided only one page because it is the page that refers to municipalities. The important part is this bill would indicate the distance requirements, as a matter of State law, between facilities that retail medical marijuana and existing public and/or private schools of all grade levels including child care facilities and between any other licensed service provider. Subsection E discusses the limits on the number of approved facilities as one for every 25K residents of a county. The draft notes that any governing body of a County or municipality can, by Ordinance, refuse a retail facility locating in their jurisdiction. If passed, the City would be authorized to prohibit a retail facility within the City; however, another provision of the bill specifies that type of restriction is not to be read as a restriction on the delivery of medical marijuana. Attorney Cherof had heard from various sources that over time, the main vehicle for delivery will not involve retail establishments, rather it would be ordered from a specific location and someone will deliver it. The other provision of the bill is a County or municipality may level a business tax. He noted there is a strong movement in Tallahassee to restrict income to municipalities from business tax receipts. He did not know if the provision would survive. Attorney Cherof explained Senate Bill 1388 is the general provision that a municipality may determine, by Ordinance, the criteria for the number, location and permitting requirements as long as they do not conflict with State law or Department Rule, neither of which Attorney Cherof had specific information. The preliminary discussion is if there should be a moratorium,_or direct staff to draft zoning and use regulations related to the sale of medical marijuana as some other municipalities and counties have done. In speaking with staff, draft zoning and use 20 Meeting Minutes • City Commission Boynton Beach, Florida March 21, 2017 regulations will be available for review within the next 30 days. If the City Commission wants to proceed, they can discuss the balance, which is the scope of regulations where City Commission input is needed on the type of use, zoning districts, the location, distance requirements and hours of operation. Mayor Grant thought there was no reason fora moratorium if staff and legal can draft regulations within the time frame and he wanted the type of use to be conditional so they can approve each one on a case-by-case basis. He favored including industrial zoning districts as an approved location for dispensaries. In regard to the location, Mayor Grant favored a free-standing building as he did not want a dispensary to be a anchor for a development or shopping plaza. In reference to the roadway classifications, he did not want dispensaries, signage or frontage to be on arterial roads as it is still considered a schedule one drug and it should not be advertised to students on their way to school. He thought there should be a distance requirement from schools, parks and day care centers, but did not believe in distance requirements for rehab centers and places of worship. He was open to the hours of operation as reasonable business hours. Mayor Grant asked if they could issue a franchise agreement to limit dispensaries within the City. Attorney Cherof responded it did not appear to fall into the category of a franchise use. In response to a question about limiting the number of dispensaries the City could have, Attorney Cherof responded the City could. There were studies that indicate the more dispensaries there are, the less likely they will stay successful. One of the draft bills in Tallahassee limits the number of dispensaries based on the number of people that registered to obtain medical marijuana. Commissioner Casello thought one dispensary in the City should be sufficient or start with one and if they need more, the City Commission can amend it. Vice Mayor McCray asked if there has there been an influx of people moving in to obtain medical marijuana. Mayor Grant noted there was in Colorado, but 25 other states allow medical marijuana. Commissioner Katz agreed with the conditional use, but thought a dispensary should be in District I on the Congress Corridor between Gateway and Boynton Beach Boulevard. There are issues with security at these locations because they are soft targets. He would want it in a heavily travelled area that is well lit and secure and thought Congress Avenue had potential and would deter crime. He did not have a preference to a free standing building or a shopping center and did not mind a sign regarding roadway classifications, but agreed it would not be a flamboyant facility. He had no opinion regarding distancerequirements and thought the hours would be at the Commissioners discretion, but within normal business hours of operation. Vice Mayor McCray noted there is a religious facility in the mall. Commissioner Katz agreed, but thought since it is a pharmaceutical establishment, it was important not to create restrictions that stigmatize it Commissioner Romelus thought Bethesda Center on Congress would be a good location and wanted it housed near a medical facility. 21 Meeting Minutes City Commission Boynton Beach, Florida March 21, 2017 Mayor Grant agreed it should be part of a medical facility, not just in any shopping center. He asked if there was a preference for office space as opposed to general commercial. Vice Mayor McCray noted there would be mobile distribution and door-to- door delivery. All agreed on the conditional use aspect, not limiting it to a location, but may be related to medical facilities, and the Commission will hear from the public regarding distance requirements from schools, parks and daycare centers. Normal operating hours may be 7 a.m. to 9 p.m. Kelly Harris, Assistant Chief, explained currently Palm Beach County, as a whole, has a one-year moratorium, commencing February 23, 2017. The County is also waiting for revisions to the Statute which are expected on or before July 1, 2017. Mayor Grant noted Delray Beach and Boca Raton instituted moratoriums. Mayor Grant explained the City will pursue this with staff and legal when legislation is received. Commissioner Casello had no problem with the two suggestions Commissioner Katz and Commissioner Romelus made as it is a conditional use and the distance requirements can be determined. He favored up to 1,500 feet separation and commented he had concerns about the hours. 14. FUTURE AGENDA ITEMS A. Appoint a City Commission representative and alternate to the Coalition of Boynton West Residents Association (COBWRA). - April 4, 2017 B. Appoint a City Commission representative and alternate to the Countywide Intergovernmental Coordination Program. - April 4, 2017 C. Appoint a City Commission representative and alternate to the Metropolitan Planning Organization. - April 4, 2017 D. Appoint a City Commission representative and alternate to the Palm Beach County League of Cities. - April 4, 2017 E. Consider adopting a Chronic Nuisance Ordinance. - April 2017 F. Discuss cancelling the July 4th City Commission meeting - April 4, 2017 G. Monthly Departmental Presentations: Communications/Marketing - April 18, 2017 H. Recommend vendor as result of Request for Proposal for Pension Benefit Consultant - April 18, 2017 22 Meeting Minutes City Commission Boynton Beach, Florida March 21, 2017 15. ADJOURNMENT Motion There being no further business to discuss, Commissioner Romelus moved to adjourn. Vice Mayor McCray seconded the motion. Vote The motion unanimously passed. The meeting was adjourned at 8:40 p.m. CITY OF BOYNTON BEACH Mayor - Steven B. Grant Vice Mayor- Justin Katz Commissioner - Mack McCray Commissioner- Christina Romelus ATTEST Commissioner- Joe Casello / 0 _ Jud'll A. Pyle, C Citi Clerk Catherine Cherry Minutes Specialist 23 CITY COMMISSION DISCUSSION/DIRECTION 3/21/17 Preliminary discussion: • Status of Pending State Legislation • Initiate moratorium or direct staff to draft zoning and use regulations Scope of Regulations: Type of Use: Permitted Conditional Zoning districts Location Free standing Shopping centers Roadway classification Frontage Distance requirements from: Schools Parks Day Care Centers Rehab Centers Places of Worship Hours of operation Florida Senate - 2017. . SB 614 24-00556-17 2017614 1164 must issue or deny the operating permit for a facility within 30 1165 days after receiving the request for a permit . An MMTC holding a 1166 retail license must have a separate operating permit for each 1167 retail facility it operates : 1168 (d) The department may not grant an operating permit if the 1169 proposed retail facility is located on the same property, as a 1170 cultivation facility or processing facility, or is located 1171a't.h i ni n -1:, 0:0 0�f c e t- -o_f_-__an--e-x i-sting-pub l o1^p r.i va t,e e 1. rP t-a x y off'%' 1172 C:5ec.onda,rys_chaoi-, _a<eh .J.d _care_ fac:i 11 11 as defined in s . 1173 402 . 302, or--a ---l- cens-ed s' ry ce pr`ovrder-afferi:n°q su'bbstance abuse' 1174 rs7e1-vices:? 1175 (e) The number of permitted retail facilities,' in a county 1176 may not exceed.036, .E:or exact 2r"5_71,( rts:ic-entsrof the-cjel, it;r. 1177 agov rning_bbdy�°s1f a count �_ Y ox- ?it`Y may--- d4n-an-.ce, 1178 e-fuse--to:a-1:1-ov'ret:_a: l:"fa-cr-1 t 1179 CjuT_ra da=,ctlg16...7The department may not issue an operating permit 1180 for a retail facility in a county or municipality where the 1181 board of county commissioners of that county or the city council 1182 or other legislative body of that municipality has adopted such 1183 an ordinance �� �'.c cau n�,y'ox ,rnLa:�: C�.1��.1�..t_y ma_y_l.631_a_:110�a 1:� 15 us:l7n:els s 1184 tI"ax on; a r.e,,arl:_;faclla t If the number of operating permit 1185 applications determined by the department to comply with state 1186 law and rules adopted thereunder for retail facilities located 1187 in the same county exceeds the number of operating permits 1188 allowed for that county under this paragraph, the department 1189 shall employ a lottery system to determine the issuance of 1190 operating permits for that county and may not issue more than 1191 one operating permit in that county to a single MMTC. The 1192 department may issue an operating permit to an MMTC for an Page 41 of 62 CODING: Words stricken are deletions; words underlined are additions . J Florida Senate. - 2017 SB 1388 (21; 40-01186-17 20171388 726 inaccurately labeled or unsafe for human consumption after the 727 MMTC has an opportunity to take remedial action;. 728 d. The collection, storage, handling, recording, and 729 destruction of samples of medical cannabis by medical marijuana 730 testing facilities; and 731 e. Security, inventory tracking, and record retention. 732 (j ) The department may adopt rules necessary to implement 733 and administer this section. 734 (8) PREEMPTION. 735 (a) All matters regarding the regulation of the cultivation 736 and processing of medical cannabis or low THC cannabis by MMTCs 737 dispensing organizations are preempted to the state. 738 (fib} A. inun czpalrty ma _dete;rma ne by o:rd�n�ance he e:r�t x. a' 739for t .e 1 15ber Tared. :beat �can:70:f, _:and..__it .ez—p tr tt�.ng 740 rrequireznentdopa-rtmefit 791 ,rL 1e_for, -d spensa ri:g;_f_ac.i�li " dispcnsing 742 organizations lQIoat:ea with ri --its .. A county 743 may determine by ordinance the criteria for the number, 744 location, and other permitting requirements that do not conflict 745 with state law or department rule for all dispensing facilities 746 of MMTCs dispensing organizations located within the 747 unincorporated areas of that county. 748 (9) EXCEPTIONS TO OTHER LAWS .- 749 (a) Notwithstanding s . 893 . 13, s . 893 . 135, . s . 893 . 147, or 750 any other provision of law, but subject to the requirements of 751 this section, a qualifying qualified patient or a caregiver and 752 the qualified patient' s legal representative may purchase and 753 possess for the qualifying patient' s _medical use up to the 754 amount of low THC cannabis or medical cannabis ordered for the Page 26 of 33 CODING: Words stricken are deletions; words underlined are additions . PROCLAMATION I, Steven B. Grant, Mayor of the City of Boynton Beach, Florida, do hereby proclaim that a Run-off Election will be held in the City of Boynton Beach, Palm Beach County, Florida, on the 28th .day of March 2017 to elect the one Commissioner from District 2 to serve a three-year term expiring in March 2020. The voting hours are between 7:00 a.m. and 7:00 p.m. on said date. Polling places are hereby designated as follows: PRECINCT 3188 CHRIST FELLOWSHIP CHURCH 801 N. CONGRESS AVE. PRECINCT 3190 IMAGINE SCHOOLS CHANCELLOR CAMPUS 3333 HIGH RIDGE RD. PRECINCT 4024 HARVEY E. OYER JR. PARK U S 1 AND NE 21ST AVE PRECINCT 7178 EZELL HESTER COMMUNITY CENTER 1901 NORTH SEACREST BLVD. PRECINCT 7180 ST JOHN MISSIONARY BAPTIST CHURCH 900 NORTH SEACREST BLVD. PRECINCT 7182 CAROLYN SIMS CENTER 225 NW 12TH AVENUE PRECINCT 7184 ST. JOHN MISSIONARY BAPTIST CHURCH 900 NORTH SEACREST BLVD. CITY OF BOYNTON BEACH STEVEN B. GRANT, MAYOR ATTEST: 71 /IITHAPYLE, CMC CLERK ' ` `'. mom. 4. (Corporate Seal) `" �=.. _'-� PALM BEACH District Canvass MUN1_2017_E March 14,2017 • City Commissioner District 2-BOYNTON BEACH C m 3 CDw N 3 z cXc a3 - re a a c O LI c = o • 3 0 $ z 2 ry a 6- c r_ r m' N e K `CG @ ri (C 4 3188 TC-Absentee 1036 31 2.99 24 2 5 3188 TC-Early Voting 1036 0 0.00 3188 TC-Early Voting 1036 0 0.00 ADA 3188 IC-Precinct 1036 63 6.08 46 4 13 • 3188 TC-Precinct ADA 1036 0 0.00 3188 TO-Provisional 1036 0 0.00 3188 Total 1036 94 9.07 70 6 18 3190 TO-Absentee 628 5 0.80 1 2 2 3190 TC-Early Voting 628 0 0.00 3190 TC-Early Voting 628 0 0.00 ADA • - 3190 TO-Precinct 628 2 0.32 2 3190 TC-Precinct ADA 628 0 0.00 • 3190 IC-Provisional 628 0 - 0.00 - - 3190 Total 628 7 1.11 1 4 2 4024 TC-Absentee 1361 61 4.48 52 4 5 4024 TC-Early Voting 1361 0 0.00 4024 TC-Early Voting 1361 0 0.00 ADA 4024 TC-Precinct 1361 229 16.83 200 6 22 1 4024 TC-Precinct ADA 1361 0 0.00 4024 TC-Previsional 1361 0 0.00 4024 Total 1361 290 21.31 252 10 27 1 7178 TC-Absentee 2713 92 3.39 40 13 39 7178 IC-Early Voting 2713 0 0.00 7178 TC-Early Voting 2713 0 0.00 ADA 7178 TC-Precinct 2713 142 5.23 74 20 48 7178 TC-Precinct ADA 2713 0 0.00 7178 TC-Provisional 2713 0 0.00 7178 Total 2713 234 8.63 114 33 87 7180 TC-Absentee 3099 95 3.07 11 21 63 7180 TC-Early Voting 3099 0 0.00 7180 -IC-Early Voting 3099 0 0.00 ADA 7180 IC-Precinct 3099 227 7.32 15 49 163 • 7160 TC-Precinct ADA 3099 0 0.00 7180 TC-Provisional 3099 0 0.00 7180 Total 3099 322 10.39 26 70 226 7182 TC-Aasentee 1725 72 4.17 5 10 57 7182 TC-Early Voting 1725 0 0.00 7182 TC-Early Voting 1725 0 0.00 ADA 7182 IC-Precinct 1725 223 12.93 7 53 163 7182 TC-Precinct ADA 1725 0 0.00 7182 TC-Provisional 1725 1 0.06 1 7182 Total 1725 296 17.16 12 64 220 Printed:Thursday,March 16,2017 11:09 AM Data Refreshed:3/16/2017 11:04 AM Page 24 of 135 • PALM BEACH District Canvass MUN1_2017_E March 14,2017 • City Commissioner District 2-BOYNTON BEACH 0, a m z c 9 o S E COO CXi i - Q n O c -6o m' N c = r ID C) a 0) C G N , o <D CON N fl: (.0 0. `C `C `C N N 7184 TC-Absentee 5 0 0.00 7184 IC-Early Voting 5 0 0.00 7164 TC-Early Voting 5 0 0.00 ADA 7184 TC-Precinct 5 0 0.00 7184 TC-Precinct ADA 5 0 0.00 7184 TC-Provisional 5 0 0.00 • 7184 Total 5 0 0.00 BOYNTON BEACH IC-Absentee 10567 356 3.37 133 52 171 BOYNTON BEACH TC-Early Voting 10567 0 0.00 BOYNTON BEACH IC-Early Voting 10567 0 0.00 ADA BOYNTON BEACH TC-Precinct 10567 8133 8.38 342 134 409 1 BOYNTON BEACH TC-Precinct ADA 10567 0 0.00 BOYNTON BEACH TC••Provisional 10567 1 0.01 1 BOYNTON BEACH Total 10567 1243 11.76 475 187 580 -I Total-TC-Absentee 10567 356 3.37 133 52 171 Total-TC-Early Voting 10567 0 0.00 Total-TC-Early Voting ADA 10567 0 0.00 Total-TC-Precinct 10567 886 8.38 342 134 409 1 Total-TC-Precinct ADA 10567 0 0.00 Total-TC-Provisional 10567 1 0.01 1 ContestTotai 10567 1243 11.76 475 187 580 1 STATE OF FLORIDA . COUNTY OF PALM BEACH I,SUSAN BUCHER,SUPERVISOR OF ELECTIONS, HEREBY CERTIFY THAT THIS ISA TRUE AND CORRECT COPY OF THE RECORDS ON FILE IN THIS OFFICE. WITNESS MY HAND AND SEAL,THIS DAY OF • arr^Jr, ,20 i • SUSAN BUCHER SUPERVISOR OF ELECTIONS • PALM BEC q NTY,FLO•IDA • . • • Printed:Thursday,March 16,2017 11:09 AM Data Refreshed:3/16/2017 11:04 AM Page 25 of 135 • OFFICIAL RESULTS MUNI_2o17_E PALM BEACH Cumulative Totals March 14,2017 ,- • REGISTRATION&TURNOUT City Council Seat B 3Yr-BOCA RATON Mayor-GREENACRES PALM BEACH • Completed Precincts 280 of 280 Completed Precincts 38 of 38 Completed Precincts 16 of 16 ,ygf;: .;.7a%'; - sit;: ."0'4 czc,: :.: :i< Total"f2eg�strafton ;;5�s 3 U744 x `,F Under Votes: 291 Under Votes: 6 ,. ..':.. .. .ti.9}:M"..w.x. ...�... ...�...ji..m., ... S _. -.i?W41n_C�_.� 1.Y.1..:...C':T..':H..;; Over Votes:- 8 Over Votes: 3 Precinct - a ;; w , _ ..2kikrrM% -Emily Gentile ' ...13-72,_ :1.82% aI . s . r _ _g ,'-19 .� 9W549% Precinct ADA Ballots Cast 1 0 00% Ange eiq- U , � a _ �mm -Jonathan G.Pearce 750 45.10% (0bsen ai(gsNsf_ Ai.: >., , .r` ;144¢3 H,,..x_:4;4790 -Andy Thomson 4,621 39.81% EarlyVotin Ballots Cast 0 0.00% Council District V-GREENACRES Ear �Vot 0,10.;B IJ6ts'Cfist`,_- , . r f-,.Y _t .K 2,©u,- City Commissioner District 2-BOYNTON BEACH Provisional Ballots Cast 50 0.02% Seat B-BELLE GLADE Completed Precincts 16 of 16 Completed Precincts 7 of 7 Under Votes: 29 Under Votes: 1 Over Votes: 2 • Completed Precincts 6 of 6 Over Votes: 0 -Michael Albert 323 19.68% Under Votes: 0 atiii:9):010yf , Y _ itrMO3 � �%f lifia�re . . YA L pC ;'r .45..•.:'.:.'•°'10V.'3?5;5V0 -Woodrow L.Hay187 15,06% -Bill Kluth • 456 27.79% Over Votes: 0 p � 2lv au.3/4 . c. 35. NO -Yousef Muslet 124 11.91% Town Commission-GULF STREAM cAlt3ir6reaBiWhlsgn ... _;,:.tLr; .....:.......... ...,. .4 .:4,917,,,.88%e.'VO Commission Member Seat 2 3Yr-DELRAY BEACH Mayor 3Yr-BOCA RATON Completed Precincts 1 of 1 Completed Precincts 36 of 36 Under Votes: 195 Completed Precincts 38 of 38 Under Votes: 64 • Over Votes: 5 Over Votes: 6 :.. ,;,; ; '. ;tc' '"i< .; -�:: „:j ..:rri, :o,. Under Votes: 1221 , 5%9.i!ta. ..:.;.. . s ...'3A7 18,0$1° Richard Alteus 506 8.01% . 8.01% -Julio M.Martinez _ .. ..._ . ..... 112 r1 6.59% Over Votes: 1 = eiBage)hf Fe _ a E . a _ m $ t� oP „rr, r ., . � * if9876%v -SsH4 Wrer .t':452i .,t _AnnezeBarthelemy 488 7.73% Martin E.O'Bo le 26 1.53% o (i . . w' _...� .. {. ., s ,„ ' .og :P-9 .,, ..:,far.. :M 5 h. 1' v5./ -Alfred Zucaro 5,331 45.24/0 ;:,lt>:Yi„Gli;��,,.��.sz., . e a r Y. .4•�„ ,»�,r���'S�3 ;,(,`o _ � z ..• ,. .-�:. ':�'"�2..�`�$ Thomas M.Stanley 317„_18.65% City Council Seat A 3Yr-BOCA RATON Commission Member Seat 4 3Yr-DELRAY BEACH MF ' 'lie;.. �,�;..4* .xx.•;-:-?f ca ¢:. ..1397, . .5 1&0 :✓0 Mayor/Commissioner-HIGHLAND BEACH Completed Precincts 38 of 38 Completed Precincts 36 of 36 Under Votes: 491 Under Votes: 340 Over Votes: 3 Over Votes: 7 Completed Precincts 3 of 3 Under Votes: 20 !. c ppgey - . : ..,. -a5.:. ,. ._ .TORAUS, Cfgsi iVANWEy - £ Vj , a 4E M Patt Dervishi . 17, • ! °. -Josh Smith 2,189 36.25% Over Votes: 0 - t ' : i* L I' -Ron Brown - 502 45.06% 331.1JO S.)4U13 ALIO 1`13b38 id0.I NA OS JO A1.13 . Run Date/Time: 3/17/17 1:35:09 PM • Page 1 of 4 OFFICIAL RESULTS MUNI_2o17_E PALM BEACH Cumulative Totals Match 14, 2017 Commissioner,3Yr-HIGHLAND BEACH Second District-JUPITER Commissioner District#2-LAKE WORTH Completed Precincts 3 of 3 Completed Precincts 29 of 29 Completed Precincts 17 of 17 Under Votes: 22 Under Votes: 117 Under Votes: 25 Over Votes: 0 Over Votes: 0 Over Votes: 0 -Barry Donaldson .�. .' - '. . ..,. . 511 45.95% ": n@ae _A : ::fa, '.,.. hFP're. atr ` 4 Obiliitgi ._., l3 .. r . . s : 1,2 ';5 "7 : rRhoiJa;Z�(nller _f,?.=. ,. , :�. : . . �.6.t 4ito-/ -Heidi Epstein - 498 11.07% -William Joseph 220 8,92 • % em@> klif^, LfiC� s fa :yyrtr.�� TAr M` D( f'! thitieT I ; T . ;j „ 9 ._ *2� o Commissioner,2Yr-HIGHLAND BEACH Group 2-LAKE CLARKE SHORES Commissioner District#4-LAKE WORTH Completed Precincts 3 of 3 Under Votes: 36 Completed Precincts 2 of 2 Completed Precincts 17 of 17 • Over Votes: 1 Under Votes: 0 Under Votes: 151 _;: ;.'t .: �, 3. ,:0: Over Votes: 0 Over Votes: 0 ;�}Nleljss'���btYs..r.., �-rr .,_..r-.. .. ..:..1 ..., �. ..,�:s..u.�68 �4�'�,lp -Carl Lee Gehman 102 9.30% -MalcOm K.Lewis 148 39.26% - .•. : .......,. Maryann Poliz _ 894 4 38.22% ->ms.e;li$0a.- _.. _. ._ :., _ ;..:... -.,... . ... 7ur41d iPW�m�. haitba l _mg_ .owFIti , . NEL <�.0 �E � 1S��iad._ .�'% + a : pn2L %�lie Whitley 224 9.58% Mayor-HYPOLUXO For Mayor-LAKE PARK City of Lake Worth-Question Completed Precincts 2 of 2 . Completed Precincts • 5 of 5 Under Votes: 0 Under Votes: 16 Completed Precincts 17 of 17 Over Votes: 0 Over Votes: 0 Under Votes: 193 -David Kar inia V . • . 149 42.09% -Steve Hockman 208 36.11% Over Votes: -/cid1C4'�r6v :n< .2. ,'4: irt _. 1 , 5.{i.t0 %. 1u �Eha_�abARr . 4 , > r).Jro.t2f3R3aiarialy "" ' ;' - _y::T:6 u. / NO 1,030 44.84% 'First District-JUPITER Commissioner-LAKE PARK Councilmember Group No 3-LANTANA Completed Precincts 29 of 29 Completed Precincts 5 of 5 Under Votes: 74 Under Votes: 12 Completed Precincts 5 of 5 Over Votes: 0 Over Votes: 1 Under.Votes: 6 : :�:..._:.:�....:......:.. :•..,.., .... .... , ti Over Votes: -TerGrooms 1519 33.44% -H � : .W Y neu� �cs r ..... �_:: ._ _:,....�..: :� .,...r.��i4t.5i5S .�eti�eLaPY ^aa• 9a _ F1_V • �:,... sT�,o �D"arin e�r . . . . . 260 .49.81% -Carol"CD"Watson582 12.81/ -Charlemape Metayer 187 32 30/ . .�d:9F'd .11.;� Cs"fi7 :";' 1:•: ..22: 509% y � yog • iun Date/Time: 3/17/17 1:35:09 PM • Page 2 of 4