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Minutes 08-01-17MINUTES OF THE SPECIAL CITY COMMISSION MEETING HELD ON TUESDAY, AUGUST 1, 2017, AT 5:30 P.M., IN COMMISSION CHAMBERS CITY HALL, 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Steven B. Grant, Mayor Justin Katz, Vice Mayor Mack McCray, Commissioner Christina Romelus, Commissioner Joe Casello, Commissioner 1. OPENINGS A. Call to Order - Mayor Steven B. Grant Lori LaVerriere, City Manager Tracy DeCarlo, Assistant City Attorney Judith A. Pyle, City Clerk Mayor Grant called the meeting to order at 5:31 p.m. Roll call Judith A. Pyle, City Clerk, called the roll. All present. Mayor Grant read the below captioned case: CLOSED -DOOR SESSION to be held on August 1, 2017, commencing at 5:30 p.m. in Commission Chambers at City Hall to discuss pending litigation in the case: BENNIE ROBINSON, Plaintiff, vs. JUSTIN HARRIS, individually and the CITY OF BOYNTON BEACH, a Florida Municipal Corporation, Defendants - UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA - Case No. 9.16-cv-81572-CIV-MARRA/MATTHEW MAN Tracy DeCarlo, Assistant City Attorney, recited the above captioned case and advised present at the closed -door session would be the City Manager, the City Commission, herself as the Assistant City Attorney and a court reporter. The meeting was recessed at 5:32 p.m. to conduct the Shade Session. Mayor Grant reconvened the Special City Commission meeting at 6:30 p.m. and called the Regular City Commission meeting to order. Also present in the stead of Assistant City Attorney DeCarlo for the regular City Commission meeting was Shana Bridgeman, Assistant City Attorney. Invocation Meeting Minutes City Commission Boynton Beach, Florida Commissioner McCray gave the invocation. Pledge of Allegiance to the Flag led by Commissioner Casello. Commissioner Casello led the Pledge of Allegiance to the Flag. Roll Call A quorum was present. Agenda Approval: 1. Additions, Deletions, Corrections Lori LaVerriere, City Manager, added two lifesaving awards as Item 3E. 2. Adoption Motion August 1, 2017 Commissioner Casello moved to approve as amended. Commissioner McCray seconded the motion. Vote The motion unanimously passed. 2. OTHER A. Informational items by Members of the City Commission Commissioner Casello had no announcements or disclosures. Commissioner Romelus congratulated the Palm Beach Post writer Alexandra Seltzer who won a second place award on an article she wrote on her husband's company. Mayor Grant met with Habitat for Humanity, John Markey and Phil Mader, and met with the new manager for the Boynton Beach Mall. He pointed out there is a tax holiday this weekend for school supplies including electronic equipment and software. He attended a ribbon cutting for Five Star Fitness and Wellness. On July 25th he attended the Office Depot Foundation event and received 50 backpacks to distribute to the community. He met with Rick Petty for a Healthier Boynton Beach, attended a League of Cities event in Riveria Beach, and met with Harvey Oyer, III regarding American Traffic Solutions (ATS). On the 27th he attended the Town Square Partner meeting and a Public Relations Society of America event where Eleanor Krusell won two awards for Yappy 2 Meeting Minutes City Commission Boynton Beach, Florida August 1, 2017 Hour and Dog Park Day. That evening he attended the opening of the magnetic ion exchange at the East Water Treatment Plant, (EWTP). On the 28th he attended the CRA and City Seahorse Program with camp youth who learned how to snorkel, attended the Breaking Barriers art exhibit at the Civic Center for Artists with Autism and later attended the Unity in the Community Festival and the E Boynton Wildcats Fun Day where he distributed the backpacks. Earlier in the day he was at Fire Station No. 5 and gave a presentation on his trip to Finland and their fire rescue stations and attended the closed -door session earlier this date. Commissioner McCray attended Unity Day at Sara Sims, but arrived when it was over. He spoke with vendors and participants who advised it was an excellent event and they looked forward to it next year. He filled in for the Mayor at the Palm Beach Metropolitan Planning Organization and advised it was very informative finding out what is occurring with the streets in the City and County. He advised he will make a' disclosure on an item later in the agenda. Vice Mayor Katz attended the Town Square Partners meeting and the EWTP opening, met with representatives from ATS and attended local resident Susan Oyer's St. Georges Society 11th Anniversary event. 3. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS A. Announce the first Commission meeting in September has been changed from Tuesday, September 5, 2017, at 6:30 pm to Thursday, September 7, 2017, at 6:30 pm to have First Public Budget Hearing on Proposed FY 17/18 Budget in accordance with the Truth in Millage (TRIM) calendar. Mayor Grant announced the City Commission meeting change as noted above. B. Announce upcoming Town Square Public Input Meetings: Thursday, August 10, Thursday, August 17, Thursday, August 24, Topic: Playground Topic: Architectural Styles Topic: Open Spaces All meetings will take place at the Boynton Beach City Library from 5:30 p.m. to 7:30 p.m. Flyers for the Public Input Meetings are in the back of the room. Mayor Grant announced the above series of meetings. C. Announce upcoming Town Square Job Fair on August 22, 2017 to be held at Carolyn Sims Center, 225 NW 12th Avenue: Sub -Contractors 8:OOAM - Noon K, Meeting Minutes City Commission Boynton Beach, Florida Labor Force 3:OOPM - 7:OOPM ust 1, 2017 Mayor Grant announced the meetings as noted above. Flyers were in the back of the room. D. Award Certificate of Completion to Commissioner Romelus for completion of eighteen hours of instruction at the Institute for Elected Municipal Officials in Tampa, Florida on June 2 - 4, 2017, presented by Mayor Grant. Mayor Grant awarded a Certificate to Commissioner Romelus for completing the Institute for Elected Municipal Officials course. Commissioner McCray congratulated her on the accomplishment and advised he had also taken the course in the past and commented it was worthwhile. E. Lifesaving Awards Glenn Joseph, Fire Chief, explained the Department likes to recognize individuals who go above and beyond. He recognized Shawn Petchner, Utilities Technician, who on June 2"d was doing a reconnect in a residential area, was flagged by a resident on the phone with 911, indicating his sister-in-law was unresponsive in the backyard. Mr. Petchner had just learned CPR. He assessed her, and gave her CPR. She was revived before the ambulance arrived. On behalf of the Fire Department and Utility Services, Mr. Petchner was awarded with recognition for his efforts. Glenn Weixler, Community Standards Officer, was also in a residential area and was flagged as an individual in a car needed medical assistance. Mr. Weixler found an unresponsive white male and called 911. The dispatcher advised how to perform CPR and Mr. Weixler kept the guy alive until 911 arrived and they were able to administer an opioid anecdote. The City Commission and meeting attendees applauded Messrs. Petchner and Weixler. Chief Joseph advised this was part of a larger project in the City to teach all employees CPR and first aid in the next year. They want employees to be able to provide assistance when needed and he hoped all civilians who want to volunteer in Boynton Beach can also have the training at no cost to become lifesavers as well. Commissioner McCray had encouraged all, regarding the Town Square public input meetings, to get the word out about the meetings. He commented everywhere he turns there are flyers and he thanked staff for a job well done. 4. PUBLIC AUDIENCE 0 Meeting Minutes City Commission Boynton Beach, Florida August 1, 2017 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) Annette Gray, Founder of the GBDC Entrepreneurship Institute, a non-profit at 3200 S Congress Avenue, Suite.104, thanked the City, City Commission, CRA, and the Police Department for supporting the non-profit and helping fund for the summer youth program. She introduced the youth she was working with. Antoine Stroop, Chief Executive Officer, advised he was 17 years old and was interested in pursuing a career in sound engineering, coding and software development. As time goes by, technology advances. He was finishing programming and his goal was to graduate college to hopefully start his own business. He and his partners created Fast Wave Media, LLC, a company designed to help small business, non -profits and upcoming entertainers to build a brand through social media and marketing using different platforms. He provided the business description for Fast Wave Media. Aubrianna Stroop, Chief Budget Development Officer of Fast Wave Media, advised she is 16 years old and finishing school to pursue a career in medicine. She likes to help others and Fast Wave Media allows her to do this and create an environment for income. She read the mission statement. Dawn Beau -Frere, Chief Financial Officer, Fast Wave Media manages all the finances of the company. She wants to one day have her own business and is currently a sophomore. Her goal was to graduate high school with at least a 3.8 GPA. In five or six years from now she would like to attend college at UCF or Harvard on a full scholarship. She read the business vision. Tamira Gunn, Chief Operating Officer, Fast Wave Media, is 15 years old and attends the South Tech Academy music academy which helps with her communication goals. Her goal this summer is to create a business with her business partners and a long-term goal is to be a DJ. She read the business PhilosophiesNision. Mr. Stroop advised they are hosting a Shark Tank event at the Boynton Beach Library on August 2, 2017, at 6 p.m. and hoped all would attend, support and donate and hear the entire business plan. Commissioner Casello praised Ms. Gray for mentoring youth and was proud to serve on the Board of Director of this outstanding organization. Commissioner Romelus advise she would speak with the organization later. Alice Warren, 146 Sausalito Drive, thanked the Board for approving her membership on the Library Board and had previously served on the Board years ago. She moved to San Antonio and returned last year. She was impressed with the Library and invited all to visit and tour the Library. The Library has a small budget, but is high tech. Mayor 5 Meeting Minutes City Commission Boynton Beach, Florida August 1, 2017 Grant noted the new DVDs arrived at the Library and are at the beginning of the alphabet. Joyce Smookler, Boynton Beach resident and member of the League of Women Voters, explained the more than 600 members of the League of Women Voters in Palm Beach County comprised the third largest League in the country. They are proud of their high level of activity in advocacy and in voter service information. This summer, the League is part of a coalition to gather petitions to put a proposal on the 2018 ballot to restore the voting rights of most felons. She hoped the City Commission and audience would sign the petition. Commissioner McCray thanked the organization for stepping up to the plate to get their rights back. She advised 600,000 signatures are needed and this appeal is being made in every municipality in Palm Beach County including the Board of City Commissioners. She left flyers in the back Debbie Lytle, 1008 Ocean Drive, announced a painting party at the Boynton Beach Memorial Park Cemetery on August 26th at 7:30 a.m. She requested anyone wanting to revitalize the Cemetery attend. She also contacted the City Commission via email about the community greening organization located in Delray Beach that plants trees and she would like the Commission to invite them to plant trees in City parks and vacant lots for beautification. She was not present for the budget but watched the hearings on T.V. She is interested in Parks and Recreation and was disappointed about the discussion regarding the Tennis Center and how much interest the City Commission had in the golf course. She noted the golf course is not within the City boundaries and thought the City would be better off focusing on properties in the City limits such as the tennis center and on parks not yet funded. She noted there are 13 parks in District II, 11 parks in District III, 4 parks in District IV and 2 or 3 in District I. She hoped they would support parks in other areas of the City and not just their own Districts. Mayor Grant explained Caloosa Park is a County park and they are investing $5 million into it with the surtax funds. The City does not own all the parks and the County was assisting. Cindy Falco DiCorrado spoke about swales planned for construction in her neighborhood. The current plans call for swales on both sides of the road and many people walk up and down the streets all day long. If swales will be installed, residents will walk in the road contributing to a public hazard. She requested the City evaluate the plan. One side of the street has sidewalks and other side does not. Commissioner McCray thanked her for the comments and advised Mr. Groff will get back to her and him. Susan Oyer, 140 SW 27th Way, thanked the City Manager, Vice Mayor Katz and Commissioner Casello who attended her charities 10th birthday party and thanked Alexandra Seltzer from the Palm Beach Post for her story about her neighbor who will be part of Shark Week. Sherri Johnson, Community Caring Center, announced the Center's 30th birthday party on November 16th as a Dinner Dance Gala with Commissioner Casello and his wife 0 Meeting Minutes City Commission Boynton Beach, Florida Auqust 1, 2017 serving as honorary chairs. She explained this was important because the City Commission started the Community Caring Center in 1987, when black and white ministers joined together and requested the City Commission help start the Community Caring Center. She invited all to attend. Mark Karageorge, 240A Main Boulevard, announced this Saturday, from 11 to 2, Pathways to Prosperity (P2P) was holding its annual Back to School Health Fair and was giving away 1,000 backpacks to students. Students can receive physicals and other testing. Hospitals, blood banks and other organizations will be present. He praised the Police and Fire Departments for their assistance filling the backpacks as it is a lot of work. Refreshments, grilled hot dogs and hamburgers will be available. He asked for their support and invited all to attend. No one else coming forward, public comments 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: 2 Alts Building Board of Adjustments & Appeals: 3 Regs and 2 Alts Education and Youth Adv. Bd. 1 Reg Motion Commissioner Casello moved to nominate Lori Wilkinson to the Education and Youth Advisory Board. Commissioner McCray seconded the motion. Vote The motion unanimously passed. Library Bd: 1 Alt Planning and Development Bd. 1 Reg Motion Commissioner Romelus moved to nominate Ms. Oyer as a regular member of the Planning and Development Board, moving from an alternate position. Commissioner Casello seconded the motion. 7 Meeting Minutes City Commission Boynton Beach, Florida Vote The motion unanimously passed. Recreation & Parks Bd: 1 Alt Senior Advisory Bd: 1 Alt 6. CONSENT AGENDA August 1, 2017 Commissioner McCray pulled Item 6 A. Commissioner Romelus pulled 6 D. 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. R17-066 - Adopt the City of Boynton Beach's Community Development Block Grant application for funding authorizing the City Manager's execution and the activities submitted in the City of Boynton Beach's Five Year Consolidated/One Year Action Plan for FY 2017/2022. The anticipated Community Development Block Grant allocation is $514,937, and the re appropriation of $300,000 non -expended funds from previous year. Mayor Grant read the item and asked how to apply. Octavia Sherrod, Community Improvement Manager, explained the City has a Five - Year Consolidated/One-Year Action Plan the City approves. Each year, staff advertises the anticipated CDBG allocation in a paper of general circulation and holds a public meeting to explain the program and how it works. Community Improvement has a database of organizations and churches that have made inquiries about the program, and those organizations are sent letters and invited to attend. Staff spends hundreds of dollars on newspaper advertisements informing the public about the meetings and workshops. This year, the public meeting occurred in the spring in Commission Chambers and personal meetings with interested parties are scheduled. Minutes are taken. Mayor Grant inquired if the $814,937 was allocated and learned staff recommends how the funds should be used. He asked if new organizations were applying and learned they were not. The applications are due August 15th. Mayor Grant thought the same people are funded and new agencies do not apply. Ms. Sherrod explained due to what is occurring in Washington D.C., entitlement communities did not receive any indication about their allocation and the process was thrown off track. Staff usually finds out in June what the allocation would be and since the announcement was delayed until June, HUD allowed for an abbreviated process. Since staff hoped the City would receive funds, they started the process anyway and noted in the advertisement what they anticipated they would receive, which was at a Meeting Minutes City Commission Boynton Beach, Florida August 1, 2017 minimum the same amount as last year. Ms. Sherrod advised staff was surprised when they got a small increase this year. Commissioner Casello asked how to attract new organizations. Ms. Sherrod replied she has been handling CDBG since 1997 and it has been an issue for many municipalities and the County. In spite of advertising in the newspapers and receiving interest from small groups, the groups are not as established as agencies that provide services to citizens and it is a complicated and cumbersome process. The entity has to be non-profit, have a license, and put money up front as CDBG is a reimbursable grant. The program is not attractive to many entities that provide services. Commissioner Casello asked if staff assists with the application process and learned it is a competitive process. Ms. LaVerriere inquired if staff holds informational workshops and learned the department does and Ms. Sherrod still provides one-on-one technical assistance for those who never submitted applications before. Funding is awarded for services the community needs. Ms. Sherrod commented regardless of how many people come to the informational meeting, public services are capped at 15% of the grant. Commissioner Romelus recommended using social media and marketing more creatively. Commissioner McCray asked if the program is advertised on the City website and learned it is not. Commissioner McCray asked if there was any money left over. Ms. Sherrod responded there are funds left, but they cannot be used unless there is a complete and scored application. Commissioner McCray asked if the City had to return funds to HUD last year and learned the Department did, but the funds were re - appropriated back to the City. The funds were for economic development years ago, but the economy turned and there were no jobs. The total was $50,000. Commissioner McCray asked if the funds were set aside for a particular need and learned the funds were not earmarked. Tim Howard, Assistant City Manager, explained the $50,000 set aside for CDBG is in a separate account. Ms. Sherrod advised the CDBG funds can be used for CDBG eligible activities and she would need to submit an amendment to HUD and then the funds are allowed to be used. Motion Commissioner Romelus moved to approve motion. Vote The motion unanimously passed. D Commissioner McCray seconded the Meeting Minutes City Commission Boynton Beach, Florida August 1, 2017 B. Approve release of a Bond, in the amount of $363,000 for the construction of a signal at Old Boynton Road and the Renaissance Commons spine road. This signal was required as a part of the land development permit for Boynton Town Center project. C. Authorize utilizing National Joint Powers Alliance (NJPA) Contract #031913 - SGL - "Facility Security Equipment, Systems and Services with Related Equipment and Supplies" for contractual fire alarm system services and repairs in various City facilities from Simplex Grinnell LP for an estimated annual expenditure of $75,000 which expires April 23, 2018. The NJPA bid process satisfies the City's competitive bid requirements. D. 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 August 1, 2017 - "Request for Extensions and/or Piggybacks". Commissioner Romelus emphasized she was waiting for the City to create a Resolution to have local and minority businesses receivingy local preference hiring. Mr. Howard explained there will be an item on the August 15t agenda. Motion Commissioner Romelus moved to approve motion. Vote The motion unanimously passed. Commissioner McCray seconded the E. Approve the minutes from the City Commission Budget Workshop meeting held on July 18, 2017. Mayor Grant asked for a motion to approve the Consent Agenda. Motion Commissioner McCray moved to approve motion. Vote The motion unanimously passed. 7. BIDS AND PURCHASES OVER $100,000 10 Commissioner Romelus seconded the Meeting Minutes City Commission Boynton Beach, Florida August 1, 2017 A. Authorize issuing a purchase order to M&M Asphalt Maintenance Inc., d/b/a All County Paving of Delray Beach, FL, in the amount of $175,685.91, plus a 10% contingency in the amount of $17,500.00 for a total cost of $193,185.91 for the purpose of restriping several of the City's streets utilizing the City of West Palm Beach's Paving Contract #16393 pricing, terms and conditions. The City of West Palm Beach bid satisfies the City's competitive bid requirements. Commissioner McCray requested staff explain the item for the benefit of the public as the item says paving and it is really for striping. Gary Dunmyer, City Engineer, explained the striping project would occur first because it is easy to stripe, but there are also paving, concrete and sidewalk rehabilitation projects. Staff was trying to get those projects done locally, which is a separate item. This item cannot be handled locally so staff advertised the work early and this company bid. If approved, the project, funded by surtax dollars, can start in a week or two. Motion Commissioner McCray moved to approve. Vice Mayor Katz seconded the motion. Vote The motion unanimously passed. 8. COMMUNITY STANDARDS and LEGAL SETTLEMENTS - None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. PROPOSED ORDINANCE NO. 17-015 - SECOND READING - PUBLIC HEARING - Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapters 2, 3 and 4 to continue the implementation of the Community Redevelopment Plan with the establishment of the new Cultural District Overlay Zone regulating site development, uses, and urban design. (Staff requests item tabled to 8/15/17) B. PROPOSED ORDINANCE NO. 17- 016 - SECOND READING - PUBLIC HEARING - Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapters 2 and 3 to continue the implementation of the Community Redevelopment Plan with the establishment of the new Boynton Beach Boulevard Overlay Zone regulating site development standards, uses, and urban design. (Staff requests item tabled to 8/15/17) 11 Meeting Minutes City Commission Boynton Beach, Florida August 1, 2017 10. CITY MANAGER'S REPORT - None 11. UNFINISHED BUSINESS A. Commissioner McCray has requested this item be brought back for reconsideration. The Commission last acted on this item on September 8, 2016. Commissioner Casello made a motion to terminate the City's contract with ATS. Then -Vice Mayor McCray seconded the motion. The motion passed 3-2, with Mayor Grant and then -Commissioner Katz dissenting. Motion Commissioner McCray moved to reconsider. Vice Mayor Katz seconded the motion. Vote The motion passed 3-2 (Commissioners Romelus and Casello dissenting.) Commissioner McCray disclosed he was bombarded with calls about Mr. David Katz who had served as his campaign manager when he was running for office, Mr. Katz approached him and he did an excellent job. He would use him again if he had to. Commissioner McCray commented as for Mr. Katz lobbying him in reference to this item, there was no connection and he wanted it on the record. Commissioner McCray announced it was himself, Commissioner McCray, who called Attorney Harvey Oyer Jr. to obtain information that he needed as a Commissioner to move on this item. Commissioner McCray also disclosed he had called Sergeant Hawkins on Thursday, who returned his call today and they spoke. He was glad Assistant City Attorney Shana Bridgeman was present as she diligently worked on this item. Commissioner McCray asked Attorney Bridgeman if Boynton Beach's program met the standards of litigation and learned so far the City has won all of the appeals it faced regarding the City's Red Light Camera program. All of the forms the City has been challenged with regarding the Red Light Camera have been found to be legal. There is only one pending legal matter, a class-action lawsuit, against all municipalities, counties and the State who have had a Red Light Camera program. Commissioner McCray wanted to bring the item back because he was receiving a lot of calls about occurrences in District II and he receives calls at night about people shooting at Hester which puts citizens in danger. He also receives calls from Mr. Byrd, Boynton Wildcats, who conveyed parents are afraid to send their kids out to play football and the Wildcats lost many players to Delray Beach because what was occurring at Hester Park. He requested Sgt. Hawkins answer questions. 12 Meeting Minutes City Commission Boynton Beach, Florida Auqust 1, 2017 Commissioner Casello noted he had a slide of information available for the public to view. Commissioner McCray advised he is home during the day and was seeing motorists approach red lights and go through on red. Commissioner McCray announced he paid two red light tickets and learned if he runs the light, he pays. He asked if there was a noticeable increase in red light running in the City. Sergeant Hawkins responded there was. Commissioner McCray commented he was aware that although the cameras were not issuing violations, the vendor continued to provide videos that assisted with investigations done by the Police Department on at least 17 different occasions including a recent hit and run that resulted in a fatality and that ATS, at no cost, provided a helpful video. Commissioner McCray asked when the program was active, if two-thirds of the violations were issued to drivers who live outside the Boynton City limits and learned they were. He asked Sgt. Hawkins if there was a need for the Red Light Cameras in Boynton Beach and learned there was. Commissioner McCray got calls and an email indicating the Police Department needs to do their job and he agreed, but felt they do not need to be sitting at intersections waiting for red light runners when there is technology to do so. Individuals on NW 4th Street go 45 and 50 mph and residents complain. Commissioner McCray asked about the procedure. Sgt. Phil Hawkins, Boynton Beach Police Department Traffic division, explained the Community Service Officers (CSOs) access a remote service, review all the infractions and they decide if a violation occurred. They conduct a couple of reviews regarding the video and still photographs. If they determine a violation occurred, the Officer electronically signs the notice of violation and issues it. If the violation payment is overdue, it then becomes a Uniform Traffic Citation which they could also issue. Commissioner McCray noted there were three representatives from ATS present and he disclosed he introduced himself to them, shook their hands and backed up when they told him who they were. There was no conversation between them. Commissioner McCray commented he liked the proposal ATS was offering the City and thought it was good. He asked if the vendor agreed to provide, at no cost to the City, a dedicated Automated License Plate Reader (ALPR). Charlie Territo, ATS, explained Allen Faris, with a firm called Cintel, agreed to work with ATS to provide, at no cost to the City, several ALPR cameras at intersections and locations selected in the City by the City Commission and the Police Department. Commissioner McCray inquired if they were already working with the City on the ALPR and learned not yet, but if approved, they will begin immediately. Commissioner McCray asked Mr. Territo if the fees would be the same as they were at the time of termination and learned they would. The company will provide the Police Department with the ability to have live views from several locations that are non-FDOT cameras and show a location which is currently enabled. 13 Meeting Minutes City Commission Boynton Beach, Florida August 1, 2017 Commissioner McCray liked the package and thought it was good for the community. He understood the City would receive 23 ALPR cameras where the police want them to go. Ms. LaVerriere explained the item under reconsideration is limited to the contract that is terminated and it is not appropriate to discuss anything beyond what was on the letter of termination. The City Commission cannot discuss add-ons or amendments, as it may be outside the scope of the issue, but additional features could be addressed' at a different meeting. Commissioner McCray wanted to ensure the company was on board. Commissioner Casello read from prior minutes, "Cameras are designed to change behavior, reduce violations and collisions and not generate revenue." Sergeant Hawkins agreed with the statement. Commissioner Casello asked why, in the last four years, the City is now making $.631,000 on Red Light Cameras or why the number of violations increases every year if the cameras are not to produce revenue but to change driving behavior. Sergeant. Hawkins advised they saw an active decrease. He did not know about revenue. Commissioner Casello asked if the revenue would increase if the citations increased. Commissioner Casello obtained statistics from Florida Highway and Motor Vehicles which indicated Red Light Camera increased the number of collisions. Mayor Grant asked Commissioner Casello for more current information and was told it was the last information issued. Sergeant Hawkins commented the referenced information was withdrawn because the Senate had questions. It did not include an increase of persons who moved into the State which increased the drivers on the road. Another issue was how they describe an intersection which is 258 feet per the Department of Highway Safety and Motor Vehicles and now they are using a geo latitude/longitude which is an apples to oranges study. The Police Department's last study showed a decrease inside the intersections at angle. Commissioner Casello thought crashes increased 38% outside of intersections. Sergeant. Hawkins agreed. Commissioner Casello asked how many municipalities in Palm Beach County were using the camera and learned there were none. Commissioner Casello asked when the City terminates a contract, if the City continues to use their services or take gratitude from the vendor. Mayor Grant advised he spoke to ATS and the cameras were off not down. Attorney Bridgeman explained when the City Commission voted to end the contract in September 2016, the City's Community Service Officers stopped issuing Red Light Camera violations as of December 31,, 2016. They stopped signing into the computer, reviewing, and sending notice of violators. That did not mean the ATS company stopped running the cameras or they stopped providing certain services because there are still notices of violation pending and uniform traffic citations that need to be processed pursuant to Florida law. So far, for all of 2017, the officers have been going to court and holding local hearings at City Hall to finish the cases still pending, which 14 Meeting Minutes _ City Commission Boynton Beach, Florida August 1, 2017 was why the Mayor asked the question earlier in the year why there were still fees and monies having to be paid for red light cameras. It was because the City Commission did not state they would stop enforcing the people that ran the red lights. The City Commission only indicated they would stop issuing new tickets. The City and ATS have still been operating the same contract for all of 2017 because tickets are still pending and have to run their course. Commissioner Casello thought if that was the case, the City already had the video. Attorney Bridgeman explained her law firm represents multiple cities with Red Light Camera programs in Broward County and she has historical experience with ATS as a company. They are a hopeful company which means even after the contract with ATS is terminated, ATS hopes the City will renew the contract at some point. Pembrook Pines ended their contract with ATS on June 13, 2013. The City went out to bid for a new contract with a new vendor. ATS was one of the bidders and Pembrook Pines picked another company. It is now 2017, the new company is trying to set up and the ATS poles are still in the ground. They left their equipment there as they hoped ATS would be used again. The poles are only in place in Boynton Beach for eight months and ATS left poles in Pembrook Pines for four years, which is a small portion of time for the City, especially in light the City still has ongoing cases. She did not view it as abnormal. Commissioner Casello asked how many pending tickets there were and was advised the County Clerk's office indicated there was 5,519 active cases in April. The amount in August would be lower. Commissioner Casello asked for a dollar figure for the City to pay legal fees to go to court to fight for the program in front of the judge. Attorney Bridgeman did not have the information because she does not usually go to court as the Officers go alone. In 2017 she went to court two or three times for traffic infractions. The program was set up so she would not have to go to court. She only goes to defend objections and motions filed by the defense attorneys for maybe two hours each at $195 an hour. Attorney Bridgeman explained she does not have to go to court anymore because the City won the appeals. Commissioner Casello was profoundly disappointed with the Red Light Cameras. He respects the opinions of others, based on what they believe is better for Boynton Beach. He thought one cannot be adamant in their own position on a subject matter and change its position without facts and data to support the reversal. He asserted the statistics and facts reported by the Florida Department of Highway Safety and Motor Vehicles show an increase in intersection accidents. Out of 39 municipalities in Palm Beach County, Boynton Beach is the only one considering using the "Red Light Revenue Entrapment program." He had heard the City may be considered pioneers, but he suggested the City will be considered indecisive. He opined the pending vote is based on factual ideology, but questioned how ATS lobbyists infiltrated the City Commission to flip its stance on red light cameras for the sole purpose of generating ATS profits. He requested the City Commission not support the program, but to turn on the lights on matters that further Boynton Beach. 15 Meeting Minutes City Commission Boynton Beach, Florida August 1, 2017 Vice Mayor Katz explained he voted on this three times and he consistently supported the program. The statistics on the wall are global statistics for the State that Sgt. Hawkins pointed out was flawed. He prefers local City statistics. In regard to being the only municipality in Palm Beach County, that uses the cameras, someone in the County was the first to use body cameras. He has been consistent in his support and just as Commissioner Casello was disappointed, Vice Mayor Katz's disappointment was approaching its one-year anniversary when the City Commission renewed the contract and then saw it reversed a few weeks later. He supports the Red Light Cameras and thought the implementation of ALPR could not be understated. There is crime in the City and it is one of the topics regularly discussed. People commit crimes and disappear and the Police have to try to track people down. A network of ALPRs will assist. He asserted technology tends to be the solution. The cameras free up manpower and the Red Light Cameras can do the job at a much lower cost. Other cities are looking at the City's program based on the City's template. Commissioner Romelus recalled the prior camera discussion, looked at the safety aspects and supported the program, but after further consideration, she felt the program was more of a cash cow for the individuals involved including the lobbyist, the company involved and all of the palms being greased, the lawyers being paid and she contended that is what the program shovels down to be. This program unequally targets minority populations because they do not know how to fight the tickets or do not know what the rules are of stopping before the white line and because they pass the white line, they are issued a ticket even though they stopped. She commented when all is considered and all the other items City residents have to bear, such as the extra penny sales tax, now adding another $20 onto the fire assessment, another dollar for the garbage fee. ,She expressed the program places another burden on the taxpayers' shoulders. Vice Mayor Katz explained the program is not a tax. Criminals pay tickets, taxpayers pay taxes. He understood Commissioner Romelus was trying to make a point, but he felt compelled to point out the inaccuracy. Commissioner Romelus asked Vice Mayor Katz not to interrupt her. She respects him, she let him speak, she requested the same courtesy and asked for an apology. Vice Mayor Katz explained he would not apologize for her misleading.the public and he was pointing out her inaccuracy. Commissioner Romelus explained the apology was for interrupting her. It was rude and she had hoped his mama would have raised him better, but apparently not. Mayor Grant apologized to Commissioner Romelus for Vice Mayor Katz's interruption. Commissioner Romelus reiterated the Commission put a lot on the taxpayers' shoulders and she felt it is one way to create revenue, part of which comes to the City. She commented most of the revenue goes to the pockets of ATS, to the pockets of lawyers, pockets of lobbyists. She hears a common phrase to follow the money and asserted it leads to these individuals that are profiting and racketeering off of this industry. She commented Boynton Beach left this and the conversation was supposed to be over and is coming back. She appreciated safety and better use of the officers, but thought there were other ways to do it and Tallahassee is ambivalent about it. She thought it was E Meeting Minutes City Commission Boynton Beach, Florida August 1, 2017 strange. She did not know why this was raised by a colleague who was adamantly opposed to the program and did not hear from individuals making comments. She represents District III, knows many residents in District II and doubted they were the ones to come forward asking for the cameras to be reinstated. Jerry Taylor, 1086 SW 26th Avenue, was a proponent of the cameras from the beginning and pointed out, as elected officials, the Commission's prime responsibility is to provide public safety to residents. Commissioners will hear arguments about the Red Light Cameras, one of which is other cities are not using them. He thought it was great that Boynton Beach would take a leadership role. He has heard about cameras causing rear end collisions. He commented rear end collisions are caused by reckless driving and those who need defensive driver classes. He noted the statistics, but commented the program is about changing behavior from people who constantly run red lights. It takes time to change behaviors. There was discussion about having extra police to enforce red light violations, but pointed out doubling the police department would still not result in having an officer police every intersection 24/7, but a camera could. If you run a red light you break the law. That is the only cash involved. The lawbreaker has to pay the fine. The Police support the program and are the front line people. If they say they need the program, in addition to running the red lights, the cameras can help solve crimes. Public safety awareness takes time. If drivers do not run red lights, they cannot kill anyone and the Commission will never know how many lives were saved. He pointed out it is the Commission's responsibility to use every tool there is and he implored the Commission to use the one presented. Commissioner Casello pointed out before the Red Light Camera were installed, there were zero fatalities, and a fatality since every year. Chris Montague, 222 W. Ocean Avenue, Vice Chair Library Advisory Board, expressed the programs are invasive and unconstitutional. He voiced his disgust that a private company with a cancelled contract continued to monitor citizens. He thought there was too much room in these situations for misinterpretation and errors and there are valid reasons to run a red light. He felt there would be an increase in rear end collisions once people are aware of the cameras and they are afraid to slam on the brakes. The fee is $158. Minimum wage is $8.10, and nearly half of a 40 -hour work week is needed to pay the fine. He understood this is safety and not a money making situation, but he thought it was a step too far. He thought the program degrades running a red light to the same level as a parking ticket, which is why motorists cannot fight it and say it was not me driving the car. He requested the City Commission protect the privacy and rights of citizens and not allow private companies to monitor citizens. There may be some situations when the camera can be helpful, but he thought it was opening the door to constant surveillance and giving up more privacy. If the contract is not reinstated, he requested the Commission ask the company to remove their cameras as soon as possible and if monitoring the public, it be done in-house and not from a company in Arizona. Mr. Montague explained when something is free, you are the product. 17 Meeting Minutes City Commission Boynton Beach, Florida August 1, 2017 Brian Cook, 935 NW Lebray Circle, expressed concern how the enforcement of law is conducted. He thought the program was run by law enforcement to keep intersections safe until he learned light timings were changing and the duration of the light at the camera near his home dropped half a second shorter. He got a notice of violation and learned more about the process and the difference between a notice of violation and a citation. There are three options to pay the City by way of Arizona which he thought was strange. Mr. Cook commented motorists can file an application to appeal. It is expensive and a drawn out process. The Florida Statute written for red light cameras was Chapter 316, which provides an avenue outside the court of law for the program to operate. They found the process does not hold up in court as it was the State's responsibility to prove the offender was operating the vehicle and committed the offense. They set up a system that mimics the legal system, and the only action they can take is to place a hold on the registered owner of the vehicle for any activity in the Department of Motor Vehicle regardless of whether that person was in the vehicle during the violations. The hearings are held in a chamber of commerce conducted by the City. Mr. Cook proposed the program is sold under the guise of public safety as for some reason, the Police Department cannot patrol and monitor the intersections, so the City hired a private company to do so for the City. He explained the ATS website has a lot of information and speaks about the economic benefits, not the money from violation, but the money not spent on potential accidents and the cleanup. The company claims the service is not for profit, but for safety, but ATS was recently bought by a Global Investment Firm named Platinum Equity. He questioned International investors who do not live here and have no tax liability to the country being so concerned about keeping residents safe and having many lobbyists who donate hundreds of thousands of dollars in campaign contributions to vote for these programs. He thought it was interesting a registered lobbyist for ATS happens to be Commissioner McCray's campaign manager who helped him get re-elected and Commissioner McCray's vote changed from against to for the program. He opposed the program and thought it was about money and not safety. Mr. Cook was, asked to leave the podium as the time allotted for him to speak had expired. "Chris", a resident of District II for 20 years, commented public safety is paramount. He reviewed a study available from fiscal years 15/16, and noted a comment from Sgt. Hawkins about uncertainty about the methodology across the State. He thought it was not sufficient to dismiss a survey, and there will always be holes in methodology, but it was the best data they have and not bringing any data to the meeting was reckless. As to the increases in rear end collisions, the study showed there was an 8% increase before red lights camera. There was a 100% increase in red light traffic incidents, but the sample was only 10 incidents. Angle crashes did increase, If reinstating traffic cameras, he asked the Commission mitigate the appearance of impropriety, and take other measures such as increase lighting, signage and restriping to help public safety. Other avenues should be exhausted or used alongside these kinds of measures. He WQ Meeting Minutes City Commission Boynton Beach, Florida August 1, 2017 agreed with helping law, enforcement to apprehend criminals with the automatic license plate readers and cameras. Cindy Falco-DiCorrado, 316 NW 1St Avenue, referred to national motor associations and others that oppose the speed cameras and commented the slowed speed causes more accidents because people slow down when they see the light and they are not sure if the light will change and in response, motorists jam on the brake. She asserted the computer gives false readings. There is no evidence that indicates safety works with the lights. There is no accuser except for a machine. She thought it was a burden on the people and it was unconstitutional. If drivers stop short, a child in the back seat will be thrown to the front. She used to deliver flowers. If she approached a yellow light, she had to decide if she had to slam on the brake and ruin the flowers or go through the light. It is a split second decision. She opposed the price of the ticket claiming it takes food out of children's mouths. She thought the program was not fair, not done justly, was a waste of tax dollars and the City should get more police officers. She was aware of one woman who received multiple tickets who felt it was a burden. Woodrow Hay, 427 NW 5t" Avenue, sat on the City Commission when the subject was discussed and voted for the Red Light Camera and he still supports them. He had thought there would be an increase in real end collisions, but he was proven wrong. He had at least two incidents at Congress Avenue and Boynton Beach Boulevard. He agreed with Commissioner McCray it is a learned behavior. He thinks twice now and pauses before entering an intersection even if the light turns green and on two occasions, had he not, he would have been T-boned. Saving even one life is worth it. Other cities use the information generated by the cameras and Boynton Beach helped to solve crimes that could not have been solved before. He had no problem with other municipalities not using cameras, but pointed out when he spoke at the League of Cities about the program, they wanted to see what the City was going to do and then follow. If reinstituting the program, other cities will follow. He urged others when approaching a light, slow down. When the light is yellow, it means proceed with caution. He thanked Commissioner McCray. Commissioner Casello noted Senate Bill 178 and House Bill 6007 were introduced this year to eliminate Red Light Cameras by the year 2020. Attorney Bridgeman explained the bill did not pass. Gloria Goolsby, 327 Boynton Bay Circle, commented she is not a criminal and she pays taxes. She got a ticket for a red light in a company car that could have cost her job so she paid it. She had clients in the car and she takes care of three homeless families. One is a lady 27 years old with a 3 and 10 -year old. She buys these families groceries and she could not buy them groceries that month. They live in the streets behind a building. She worked for the New York City Police Department as a Police Administrative Aide and took the test for an officer and she was called for as a civilian first. After seeing what occurred, she did not want the other positions. Everyone who receives a ticket is not a criminal. She requested an apology. 19 Meeting Minutes City Commission Boynton Beach, Florida August 1, 2017 Debbie Lytle, 1008 Ocean Drive, opposed the Red Light Cameras. If the City wants to think about safety and have plate readers, she thought the City should invest in something privately. She did not know how many Red Light Cameras are in District II and how many juveniles, vandals and others in District II will not be caught by the cameras. Further police enforcement was needed. She thought the Commission should focus on real problems in the City, which are not the cameras. It is an invasion and speculative. She thought the City was off -base moving forward and if the City wants to be trailblazers, they should find a different issue. Rick Maharajh, 1627 Cetona Drive, has lived, worked and played in Boynton Beach for 21 years. He favored the program 100% and urged all to support. He requested the slide be turned off and did not want to talk about Tallahassee. He wanted to talk about Boynton Beach. He noted the City is the third largest City in the County and they should behave as if they are the largest. He asked if anyone has been in the street at 1 p.m. and seen a motorcyclist get thrown off a motorcycle. Big brother is always watching and sometimes it is good. He got a ticket and paid it He thought it taught all to be better and about coming together. He requested the Commission support the program, fund it and it was about technology power in our City. Barbara Ready, 329 SW 13th Avenue, noted the City Attorney advised the City won every case that went to court and the Police Department said the cameras have helped solve crimes. She heard most tickets are handed out to non-residents, noting the program is not necessarily a punishment residents are enduring. She noted she heard the Police Department wants the program and thought it was ironic an enormous density increase was pending. Lawful drivers have nothing to fear over the cameras. If it changes behaviors and makes drivers slow down and not run lights, she favored it. Gerald a/k/a "Grumpy" has been a resident for 68 years and up to the last four years, the City has gone downhill. He acknowledged some are working to make the town better and some are not. He supported the cameras, but pointed out visitors and others from up north and out of the country do not know how to drive. He does not run red lights because he does not have the money to pay for his fine out of social security. It is his fine, and it is the City's obligation to stop people from running lights. He is not worried about tail end hits. He is worried about head on collisions .like the one that killed his friend. If a driver runs a light, they pay the fine. Everyone complaining about the bills are the drivers that got tickets. His brother got three tickets and has dementia. He questioned the problems of other drivers such as drinking and drugs, dementia and more. The lights stop people from having a head on collision. Boynton Beach is the largest City in Palm Beach County and should do something and install lights all over the place. Elderly drivers do not look up and go right though them, killing others. No one else coming forward, public comments was closed. Mayor Grant agreed running a red light is wrong. The question was is there a punishment? To some, a $158 fine is a good punishment, and to others it is not. The 20 Meeting Minutes City Commission Boynton Beach, Florida August 1, 2017 State set the fine. The City receives $75, from each ticket. Ten dollars goes to the Department of Health, $3 goes to paralysis research and the rest goes to the State. He emphasized people have been paralyzed from these collisions and that is why it is called the Mark Wandell Safety Act. ATS provides footage to the Police Department to help solve crimes and using technology to solve crime allows Police to use their time efficiently. He did not understand how it could be fine for an officer with a body camera to sit at each corner, but not an automated camera. It is the same thing except one is on a person and another on a pole. Over 80% of those ticketed do not have repeat violations. He noted there is funding for paving and striping and Mayor Grant pointed out the stop line is not the crosswalk line, it is the white line before it. He favored making Boynton Beach safer and was tired of having a black SUV with tinted windows shooting up his neighborhood and the vehicle description being the only information the police have. Commissioner Romelus noted Mayor Grant favored ALPRs, which are not Red Light Cameras. She supports the ALPRs, but advised they are discussing two different things. She opposed using revenue generating cameras and thought there was no proof of changed behavior. She agreed helping to stop crime and murder was important. Motion Commissioner Romelus moved to table the item and discuss ALPRs and funding them. Commissioner Casello seconded the motion. Vote The motion failed 2-3 (Mayor Grant, Vice Mayor Katz and Commissioner McCray dissenting.) Vice Mayor Katz apologized for portraying someone who ran a red light as a criminal. He commented the Commission heard a lot of arguments including that the cameras are racist and socio -economically oppressive or if one is a small business operator, driving a van in the City, there is risk of property damage to cargo and they should run a light and murder another human being. The cameras improve public safety and are supported by the Police who are the experts. He thought the exchange was ironic as no one seemed to have a problem when a year ago a vote was flipped, and no one questioned that person's integrity. There was a disagreement over the issue, and now when someone changes their mind and presents their view based on fact, the person is being painted in an unsavory way. The City Commission voted for this and a month later someone flipped their vote and now they are debating whether flipping a vote was fair. If it had never happened in the first place, there would have been a clean vote. He feels vilified because he pointed out that willfully deceiving the public is a bad thing. He announced he will never apologize for doing so. He represents the people and to speak the truth. Re-election means nothing to him if he has to sell his integrity and votes to 21 Meeting Minutes City Commission Boynton Beach, Florida August 1, 2017 get voted in. He favored the program. It takes time to make a change. If someone got a ticket, they broke the law. There are those with tough personal situations, but the City cannot subject people to the law in varying degrees based on income levels, or any other reason. If there is a reason, they can explain it. People can excuse a valid justification, but it does not excuse the liability to the justice system. He advised he will support the program as he did the last two times. Commissioner Casello reiterated cameras are designed to change behavior, reduce violations and collisions and not generate revenue. He advised the City pays 1637,000" every month to ATS. He thought it was concerning how the issue resurfaced and contended Commissioner McCray was opposed to the program six or eight months ago and changed his mind. He thought the perception, true or not, that his campaign manager is an ATS lobbyist, is hard to get over although he took Commissioner McCray at his word he was not lobbied Commissioner McCray explained he brought the issue up for reconsideration and sat through all statements. He disputed Commissioner Romelus statement the cameras do not change behaviors because he got two tickets and it changed him. He reiterated he is home and sees what happens during the day. He almost got hit making a left on Monday and he appreciated Mr. Hay's prior comments, which is also why he raised the issue. He represents the City and the City is trying to get control of crime, and if the cameras are approved they can go to the next stage. He serves his constituents and they call him in the morning advising there is a shooting, not the other Commissioners. Commissioner Romelus requested not calling her integrity into question. She speaks for her residents and she got several calls and emails about the matter. She also was not concerned about re-election as she has a beautiful life outside of politics and she thought she and the Vice Mayor Katz had a better relationship. Mayor Grant commented running a red light is a bad thing. Attorney Bridgeman wanted to ensure the City Commission knows what the vote entailed. She explained the decision the City Commission made in September 2016 was to cancel the ATS contract. The City Commission is now reconsidering that decision and could either maintain their decision to cancel or reconsider it and change their mind and extend the ATS contract. That would mean directing the City Attorney and administration to rescind the cancellation letter and exercise the City's option to extend the contract. It is the exact same contract they were using and operating under in 2017 with no changes, no amendments, no ALPR, add-ons, bonuses or freebies. Whatever was in the agenda item attached to the agenda item, which is the same as was attached in 2016, is what the City Commission would be voting on. If the City Commission wants to add on in the future, they can. There is no renegotiation of the contract at this time. 22 Meeting Minutes City Commission Boynton Beach, Florida August 1, 2017 If reinstated, ATS would have to remobilize. The City Commission would rescind cancellation of the contract. The City Attorney would notify ATS of the decision and she had previously reached out to the ATS attorney if they would be amenable and learned they would accept the rescission letter, the City would remobilize staff and then officers would begin reissuing violations. Mayor Grant asked what date to start the contract up. He noted there was a one-time 45 -day notice period in the contract. Attorney Bridgeman explained that had already passed as they already installed their poles and cameras. The City pays on a monthly basis and would establish a start date. ►Yi 1110=6 Commissioner McCray moved to rescind the cancellation letter they previously sent. Vice Mayor Katz seconded the motion. Commissioner Romelus asked if the City could go out to RFP, to see what else is available and learned it is an option. Commissioner Casello asked for roll call. Vote City Clerk Pyle called the roll. The motion passed, 3-2 (Commissioners Romelus and Casello dissenting.) Motion Commissioner Romelus moved to go to RFP for this program, Commissioner Casello asked if a second was needed and was advised the City already entered into an exclusive agreement. B. Discussion and direction regarding regulations for Medical Cannabis Dispensaries. Commissioner Casello left the dais at 8:47 p.m. Andrew Mack, Development Director, commented the City Commission had previously decided on the above and staff needed further direction. Due to a malfunction with the projector, Mr. Mack advised hard copies of his presentation would be made available and zoning maps were in the back of the room. There was agreement to take a short break. Mayor Grant recessed the meeting at 8:48 p.m, and reconvened it at 8:54 p.m. Mr. Mack announced the State inserted preemptions in the Statute as follows: 23 Meeting Minutes City Commission Boynton Beach, Florida August 1, 2017 • The City is not allowed to place specific limits on the number of dispensaries; • The City cannot enact regulations on dispensaries that would restrict locations or have permit requirements that are more restrictive than pharmacies; • The City cannot charge a fee greater than what they would charge for a pharmacy; and • The location of dispensaries can be no closer than 500 feet of an elementary, middle or secondary school unless the City Commission approves it at a public meeting. The City has three options: • Add dispensaries to the LDR and not make them more restrictive than what is required for pharmacies; • Add dispensaries to the LDR and amend the regulations for pharmacies which could further implement restrictions; and • Ban dispensaries in the City A current copy of the zoning matrix showed pharmacies are allowed in the C-1, C-2, C- 3, C- 4, CBD, PCD, SMU, MUL-1, MUL-2, MUL-3 and MUL-4, MU -High and PID districts. He noted the zoning matrix contained footnotes that also added regulations to pharmacies and locational requirements. Mr. Mack had notes specific to pharmacies and explained in the C-1 community commercial district, a pharmacy cannot exceed 5,000 square feet. In the C-2 zoning district, they cannot exceed 10,000 square feet, in PIDs, pharmacies have to be integrated into mixed-use buildings or development. They cannot be more than 50% of the gross square area of a building, 20% of a gross floor area of a development, a mixed use generally Footnote 17 indicated they must be integrated into a mixed-use building or development, and cannot be more than 50% of the gross floor area and cannot exceed 30% of the gross floor area of a development. Pharmacies in MUL-1, 2, and 3 districts are only allowed on lots fronting arterial and collector roads. General note 27 indicates pharmacies are allowed in mix -use land uses fronting on arterial roadways and if there is a development order not solely for residential development, but one regulation regarding pharmacy's requires all districts, no more than 15% of prescriptions sold within 30 days to be Schedule II controlled substances, and have to be staffed by a licensed pharmacist and present during all pharmacy hours open for business, and for MU -4 and MU- High, there is a distance separation of 750 feet for pharmacies less than 5,000 square feet and 1,500 feet for pharmacies greater than 5,000 square feet. Mr. Mack explained as part of option 2, the City could consider adding dispensaries to the LDR's and further regulate pharmacies. He pointed out the City could inventory each location of pharmacies and their operations, review proposed regulations to not create non -conforming uses, study the potential economic hardship on existing or any 24 Meeting Minutes City Commission Boynton Beach, Florida August 1, 2017 future pharmacies, study the impact of the proposed regulations to not create a shortage of pharmacies related to future demand and review the proposed regulations against the State Statute and administrative rules. The last option is to have a total ban. Mr. Mack explained allowing dispensaries in the zoning district on the books would preclude the City from regulating future dispensaries. The State does preempt the City with some issues regarding some of the operational issues and currently, by Statute the dispensaries can offer home delivery to existing patients. Staff recommends a temporary ban to do a wait and see to observe how the emerging industry will be regulated in the future and to gain a greater understanding of it. Staff can revisit the matter in six months. Commissioner Casello thought the matter would not change in Tallahassee and was aware there was a lawsuit about being able to smoke the product. Mr. Mack explained staff could observe how other cities react, noting the County is adding dispensaries to their zoning districts and they will have an item before the County Commission in September. The City could have a dispensary on Military Trail and Boynton Beach Boulevard in a retail center. Lake Worth has dispensaries. Mr. Mack suggested waiting to see how they fit into the County and if the City wants them. Commissioner Casello commented 70% of people voted for medicine. He did not think they needed a six-month ban and thought it should be implemented. Mr. Mack noted the current opioid crisis and the public may need the medicine. He pointed out facilities offering home delivery allows patients to get the medication they need. By opening up all the zoning districts, there is the possibility there would be several in the City. Mayor Grant expressed a pharmacist should be required in all dispensaries. Mr. Mack pointed out the Statute specifies a licensed treatment center or dispensary is not regulated under Statute. A medical director would have to be present during dispensary operational hours. A medical director was defined as someone meeting the criteria in Chapter 459 of the Florida Statutes. Mayor Grant still favored having a pharmacist being present, but under the new legislation, it is not a requirement. Attorney Bridgeman clarified the City cannot require the pharmacist and further explained the Statute Mayor Grant referenced was from Connecticut. The Florida Rule runs parallel. Florida Statutes mandates the City cannot impose any restrictions that are any greater than the restrictions or regulations for a pharmacy and it runs parallel to the medical marijuana statute.. The Osteopathic Physician must be approved per the regulations and restrictions of the medical marijuana statute and it is all from one source. The dispensary is approved, licensed and authorized through the State through that process and it runs parallel to the pharmacy process, but it is a lateral transition. Mayor Grant wanted a full-time osteopathic doctor to be present. Mr. Mack thought one could be added and the matter would return to the City Commission. 25 Meeting Minutes City Commission Boynton Beach, Florida August 1, 2017 Commissioner Casello questioned the need to have a doctor present. Mayor Grant commented it was a drug. The State requires a director which is a doctor and what Mr. Mack drafted was consistent. Mayor Grant requested reviewing the matter more closely because there had been prior discussion of surveillance cameras and safes. Mr. Mack explained there are provisions in the Statute pertaining to security that could be included that the City Commission could approve that are consistent. Mayor Grant asked if the pharmacies could be a conditional use and learned Mr. Mack would have to review and make the change. Vice Mayor Katz questioned what would be grounds to deny one pharmacy over another. Mr. Mack explained depending on what changes were made a study would have to be conducted to ensure the City was not impacting current pharmacies or regulating them out in the future. Commissioner Casello asked if the provisions would impact pharmacies in Walmart and Publix and learned they would. There are dispensaries in Lake Worth, potentially some here and some in the County. Patients are still eligible to receive medical marijuana online. Individuals can sign up and have home delivery service. Mayor Grant did not agree with the ban but favored creating regulations. Jeff Katz, Police Chief, explained the State has not issued guidance for law enforcement regarding how dispensaries will operate from a public safety perspective. There is supposed to be a patient registry so law enforcement can verify a prescription of medical marijuana, but it has yet to be established. He thought it would be prudent to pause. and make sure the City receives the proper guidance from the State how to enforce this provision because at this point, they cannot verify whether they have a legal prescription for the substance. The Mayor Grant asked him how to enforce someone with oils and learned they would not be able to. If they said they had a prescription, the Department would have to take them at their word. He advised it would be problematic for law enforcement. Mayor Grant opened public comment. Chris Montague, 222 W Ocean Avenue, noted other states to the north and Canada have completely legalized marijuana; medically and recreationally. The majority of Floridians support medicinal marijuana. It is an opportunity to create huge tax revenues, but some control is needed. He would hesitate to ban it. He thought the City should be progressive and be the first at something other than ticketing people at red lights. Alice Warren, 146 Sausalito Drive, spoke about Denver and the drug issues they are having. She contended when medicinal marijuana is approved, the City will be opening a can of worms because it eventually will be legalized as a recreational drug and attract undesirables to Florida. In Denver, users are all in the parks smoking pot, and traffic accidents are out of sight. Children are in hospitals from ingesting foods laden with marijuana. She commented it is a horror and one cannot drive there. She thought it was a curse in any community. She urged the City and State to use caution and thought it leads to hard core drugs. Parks will be filled with derelicts in the winter. She did not 26 Meeting Minutes City Commission Boynton Beach, Florida ust 1, 2017 support it and thought it was bad for the country. Commissioner Casello explained he grew up in the 60 and 70s and he turned out fine. Ms. Warren explained the youth are different now than they were then. Youth do not have jobs and college campuses are getting crazy. Stacey Rybak, 129 Harbors Way, was aware of someone who had a thriving business in Boynton Beach for many years who had a daughter with cerebral palsy who had 50 seizures a day. She had no quality of life and they moved to Colorado. The daughter has zero seizures now and her life has improved 100%. She understood there are concerns it could be used for other purposes other than medicinal. She requested the Commission consider the other people. It stops Parkinson disease tremors and maybe it will keep people off opioids which is a bigger problem in the City. No one else coming forward, Public Comment was closed. Commissioner Casello favored option 1 which had no requirements and are permitted in any commercial area. Mayor Grant favored option 2 which was to add dispensaries to the Land Development Regulations while amending the regulations for pharmacies to implement further restrictions. He supported the use as a conditional use so the City could say there are too many dispensaries. Mr. Mack commented the City cannot limit them per the Statute. On a case-by-case basis, it may be able to be somewhat regulated. Option 3 was to ban dispensaries. Commissioner McCray did not favor any option. Commissioner Romelus was leaning towards option 3 as she did not like Tallahassee telling the City what they could do. She was alright with one or two dispensaries, but thought it could be prolific. If the City did not have jurisdiction, she favored a ban. Vice Mayor Katz commented over 70% of the public supported this initiative. As to concerns marijuana would lead to a hippie Woodstock, Vice Mayor Katz felt anyone in the US who wants to smoke already smokes it although it is not legal. The dispensaries are not for public consumption. He did not think marijuana was on the level of most or all other illegal substances. He supported Option 1 with no restrictions. It scientifically has been proven to improve some conditions. Commissioner Romelus agreed there are uses and it is needed, but with neighbors to the north and south and home delivery she did not think it was needed in the City. She favors medical marijuana, but not of the unchecked proliferations of it. 27 Meeting Minutes City Commission Boynton Beach, Florida Motion Auqust 1, 2017 Vice Mayor Katz moved to approve option one. Commissioner Casello seconded the motion. Vote The motion passed 3 to 2 (Commissioner Romelus and McCray dissenting.) 12. NEW BUSINESS A. City Manager is requesting the Commission set a Workshop/Special Commission Meeting on Monday, August 21, 2017 at 6pm in the Library Program Room to update the Commission on the Town Square Project - Phase I. (Commissioner Romelus left dais 9:28 p.m.) Motion Commissioner Casello moved to approve the workshop as requested. Commissioner McCray seconded the motion. Vote The motion passed 4-0. (Commissioner Romelus not present for the vote.) B. Commissioner Casello has requested to discuss allowing dogs at the beach during certain hours. Commissioner Casello explained he was talking with Wally Majors, Recreation and Parks Director about the matter. The City wants to be a good neighbor and was seeking to have a section of the beach open on certain days and hours for dogs. There was still a lot of logistics how to confine the dogs needed, but dogs would have to be leashed and waste bins are needed. He thought an extra fee could be added to beach passes for a section of the beach. He wanted to poll the City Commission. Mayor Grant favored it and spoke to Ocean Ridge Motion Commissioner Casello moved to allow the City Manager to move forward with discussion with Ocean Ridge. Vice Mayor Katz seconded the motion. Vote The motion passed 4-0 (Commissioner Romelus not present for the vote.) aj Meeting Minutes City Commission Boynton Beach, Florida ust 1, 2017 C. Discuss request of Representative Emily Slosberg to pass a resolution supporting legislation that would make the ban on texting while driving a primary offense. Mayor Grant advised he received the above request. Commissioner Casello commented he had brought this up last year when the Red Light Camera program came up. The Red Light Camera photos revealed some people texting when driving. He noted Representative Slosberg did not have much luck with the measure which he favored. Vice Mayor Katz noted New Jersey has some of the toughest traffic laws banning texting and driving. They are forms of distracted driving and drivers intentionally take their attention from the road and could kill someone. It is bad and most drivers do it to some degree. Drivers must be conditioned not to touch their phones while driving. (Commissioner Romelus returned to dais at 9:32 p.m.) Motion Commissioner McCray moved to approve the Resolution. Commissioner Casello seconded the motion. Vote The motion unanimously passed. Ms. LaVerriere commented she would put the item on the next agenda. 13. LEGAL A. PROPOSED ORDINANCE NO. 17-019- FIRST READING - Approve a $1.00 per month increase in residential single family and multi -family garbage rates in FY 2017/18 and in FY 2018/19. Attorney Bridgeman read proposed Ordinance No. 17-019 by title only on first reading. Commissioner Casello understood costs would increase, and asked if bigger bins could be used instead of picking up trash twice a week in reference to a complaint. Jeff Livergood, Director Public Works, explained the City has some of the largest bins. Commissioner Casello asked if the City could use a once a week schedule versus twice a week. Mr. Livergood explained there would be a savings, but it was mostly an issue of public service. It had been discussed several times during Mr. Livergood's tenure with the City and it was studied in depth. The outcome was it was more service driven than cost. The majority of the public preferred twice a week pickup, especially in the summer. Mayor Grant supported the Ordinance. The new rates would be $17 in year Pat] Meeting Minutes City Commission Boynton Beach, Florida August 1, 2017 one and $18 in year two. There would be a $1 increase for multi -family rates which are slightly lower because the City does not collect yard waste from multi -family units. Mayor Grant wanted to see recycling costs for commercial to incentivize people. Mr. Livergood explained the department's customer service representative spends a lot of time trying to increase recycling, especially cardboard from commercial customers. Motion Commissioner Casello moved to approve seconded the motion. City Clerk Pyle called the roll. Mayor Grant passed the gavel and The motion failed 2 - 3, (Vice Mayor Katz and Commissioners Romelus and McCray dissenting.) Ms. LaVerriere announced she will bring changes forward in the proposed budget that will eliminate almost $500,000 from the budget. Commissioner Romelus announced she could not vote for the measure because of the Red Light Camera and find other ways to keep taxing residents. She would not support anything that would cause an increase to residents. B. Pursuant to Section 286.011(8), Florida Statutes, the City Attorney is requesting a private attorney-client session of the City Commission to discuss pending litigation in the following case: DENNIS GALINDEZ and MARLA GALINDEZ, his wife, Plaintiffs vs. CITY OF BOYNTON BEACH and FIRST GENESIS LAWN SERVICE, INC., Defendants — Case No. 50 2015 CA 002413 Division AD Mayor Grant announced the above item. Attorney Bridgeman read the caption and requested a closed -door session for about 45 minutes. A time needs to scheduled. It is a civil lawsuit. After discussion, there was agreement to meet at 5:30 p.m. on August 15th 14. FUTURE AGENDA ITEMS A. Discussion relating to the future of the Building Board of Adjustment and Appeals - TBD B. Discussion of number of boards people are allowed to serve on at one time, attendance policies, eligibility rules and qualification of members for all boards - TBD 30 Meeting Minutes City Commission Boynton Beach, Florida August 1, 2017 C. Update on progress of Town Square - Phase I - TBD D. Monthly Departmental Presentations: Public Works - August, 2017 E. Staff to bring information concerning disposing of City -owned land - TBD F. Staff to review and report concerning Florida Textile Recycling, LLC. FTR, LLC which provides automated clothing recycling as a non-profit corporation and provides funding to agencies for other non-profit uses - TBD G. Town Square (LUAR 17-005) — Approve Town Square Future Land Use Map Amendment from Public and Private Governmental/Institutional (PPGI) and High Density Residential (HDR) to Mixed Use Medium (MXM) and rezone from PU Public Usage, REC Recreation and R-3 Multifamily to MU -3 Mixed Use 3 zoning district. Applicant: City -initiated. -- 8-15-17 H. Workforce Housing (CDRV 17-004) — Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 1, Article II, Definitions, to modify definitions that regulate the Workforce Housing Program, and Chapter 1, Article V, Section 2, Workforce Housing Program, to convert mandatory inclusionary zoning program to a voluntary density and height bonus program. Applicant: City - initiated. -- 8-15-17 Commissioner Romelus had requested Power by the Hour be added to future agenda, and did not see it. It was learned it was omitted in error and would be added to the next meeting. Commissioner Casello wanted to add an item to discuss registered lobbyists sitting on advisory boards. 15. ADJOURNMENT There being no further. business to discussion, a motion was made by Vice Mayor Katz and properly seconded to adjourn. The meeting was adjourned at 9:40 p.m. (Continued on next page.) 31 Meeting Minutes City Commission Boynton Beach, Florida August 1, 2017 ATTEST Judi A. Pyle, CMC CiWClerk &a"'b-aw Catherine Cherry Minutes Specialist 32 CIT FT N BE Mayor - Steven B. Grant Vice Ma or - Justin Katz Commissio - Mack M4AY Commissioner - Christina Romelus Commissioner - Joe Casello Ek.0 0 i Tuesday, August 22 Sub -Contractors Labor Force (skilled & unskilled) 8:00 a.m. to 12 Noon 1 3:00 p.m. to 7:00 p.m. Carolyn Sims Center 225 NW 12th Avenue, Boynton Beach, FL 33435 Town Square Boynton Beach is seeking qualified applicants to apply for upcoming full-time, part-time and apprentice opportunities. Candidates of all ages, experience levels y, and trades are encouraged to attend. • Register on-line or at the event. • Please bring copies of certificates, resumes and license. • Be prepared to meet subcontractors. For more information, call the City of Boynton Beach at 561-742-6010. For accommodation under the ADA, please call (561) 742-6241 or (TTY)1-800-955-8771. BpyN _ B V V 7,,..CS S 'i �'z :.'�''�bz�t�`$ fdv�..� is E� :.� .,.,: �.�. &'k � tq5.,<{.'^s.,r �f ,.ae;[ Y`Y si „ }"q' . �:" � _ - _ "�'. • City may not place specific limits on the number of dispensing facilities. ® City may not enact regulations or restrict locations which are more restrictive than regulations or locations for pharmacies. s City may not charge a fee in an amount greater than the fee charged d to pharmacies. ® Cannot be located within 500 feet of a elementary, middle, or secondary school unless City approves location through formal proceeding. 1. Add dispensaries to LDRs with no restrictions greater than currently required on pharmacies. 2. Add dispensaries to LDRs while amending the regulations for pharmacies to implement further restrictions. 3. Ban dispensaries in the City. P = Permitted Residential Commercial Mixed -Use Indust- Misc C = Conditional real A = Accessory m .�I ...a N M U U u U v COMMERCIAL Retail Sales (Cont'd) Pharmacy h Drug P P P P P P P P P P P P P Store 1 2 57 57 57 57 17 17 17 17 17 17 15 57 57 57 57 57 57 57 57 27 57 Current Pharmacy Regs. (Option 1) 1. General Note. (C-1) Gross floor area shall not exceed five thousand (5,000) square feet. 2. General Note (C-2) The gross floor area shall not exceed ten thousand (10,000) square feet. 15. General Note (PID) • Integrated into mixed-use building or development and; • Cannot be more than 50% of gross floor area of any building and/or; • Cannot exceed 20% of gross floor area of development. uurrent Pharmacy (Option 17. General Note (Mixed Use) All Mixed -Use Districts. • Integrated into mixed-use building or development and; • Cannot be more than 50% of gross floor area of any building and/or; • Cannot exceed 30% of gross floor area of development. MU -L1, MU -1,2, and MU -1,3 District. • Only allowed on lots fronting arterial or collector roadways. 27. General Note (PID) • Allowed if located on Mixed Use land use fronting arterial roadway or • If development order is not solely for residential development. Current Pharmacy Regs. (Option 1) 57. Pharmacy & Drug Store All Districts. ® No more than 15% of prescriptions sold within 30 days can be Schedule II controlled substances (F.S. § 893.03). ® Staffed by a licensed pharmacist and present during all hours pharmacy open for business. MU -4 and MU -H District. (Distance separation): ® 750 feet; less than 5,000 square feet of gross floor area; • 1,500 feet; equal to or greater than 5,000 gross square feet. Amend Pharmacy Regs. (Option 2) ® Inventory location of existing pharmacies and operations. ® Review proposed regulations as related to creating non confirming uses. ® Study potential economic hardship on existing and future pharmacies based on proposed regulations. Study impact proposed regulations may have in creating shortage of pharmacies related to future demand. ® Review conflict of proposed regulations against state statues and administrative rules. ec-Jusion/Recom mend ® Allowing dispensaries in same zoning districts as pharmacies may preclude the City's ability to regulate approved dispensaries in the future. ® State Statues preempt the City from regulating operational issues inherent with dispensaries. ® State Statues allow dispensaries to ship directly to patients via home delivery. Staff recommends a ban (temporarily) to provide time as this emerging industry develops and government begins to thoroughly understand the necessary oversight and rules needed to regulate in the City, County, and State. Questions Marketing bocial y�! . 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