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Minutes 10-17-17MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD ON TUESDAY OCTOBER 17, 2017, AT 6:30 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 Shana Bridgeman, Assistant City Attorney Judith A. Pyle City Clerk Chair Grant called the meeting to order at 6:30 p.m. Invocation Commissioner McCray gave the invocation. Pledge of Allegiance to the Flag led by Commissioner Romelus The members recited the Pledge of Allegiance to the Flag. Roll Call Judith A. Pyle, City Clerk, called the roll. A quorum was present. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner McCray requested to add an update on the hurricane debris removal to Announcements/Updates from Public Works as Item F. Vice Mayor Katz requested to add a discussion of Public Art to Future Agenda Items as Item H. Chair Grant requested to move up the presentation of Fiscal Year 17/18 Strategic Plan Initiatives before Public Audience so the public can ask questions of Trina Pulliam, of Trainovations. Meeting Minutes City Commission Boynton Beach, Florida Adoption Motion Commissioner Romelus moved to approve as amended seconded the motion. Vote The motion unanimously passed. 2. OTHER A. Informational items by Members of the City Commission Commissioner Casello had no disclosures. October 17, 2017 Commissioner McCray Commissioner Romelus had met with individuals from a homebuilding company that uses shipping containers to build homes. She wanted to increase affordable housing for Boynton Beach residents and Palm Beach County as a whole. The firm is based in Miami. She also met with Habitat for Humanity regarding lots they were interested in purchasing. Mayor Grant met regarding the Bloomberg Philanthropie's Mayor's Challenge and representatives from Hunters Run. He attended Literacy Luncheon and announced the Read for the Record on Thursday. He noted Boynton Beach was a four -time champion and he thanked staff in advance for their hard work reading to local children. He attended an I Love Kickboxing Ribbon -Cutting Grand Opening and the premier movie from the Movies in the Park series to see Descendents 11. He met with the Boynton Beach Garden Club and advised the City and Garden Club are renovating a City Garden Park on Seacrest and NW 6th Avenue. He attended a Police Award's ceremony and met with County Commissioner Mack Bernard at the Mayors and Managers Conference. He attended the League of Cities District II and III meeting and attended the King Tides Cruise regarding sea level rise and how cities can help stay pollution. He met with local bankers'at SunTrust, Iberia, Flagler and AmTrust banks and attended a Healthier Boynton Beach meeting. On October 16th, he spoke with WLNR news about medical marijuana and toured the Old High School. Earlier in the day he attended a legislative delegation meeting at the Solid Waste Authority. . Commissioner McCray announced he saw Mayor Grant on TV regarding medical marijuana speaking with a doctor at a building off 1-95. He saw eight people there taking pictures and did not know why. He also commented he was not contacted regarding Read for the Record and would wait for someone to contact him. Vice Mayor Katz had no disclosures or announcements. 2 Meeting Minutes City Commission Boynton Beach, Florida October 17, 2017 3. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS A. Announcement of the Community Redevelopment Agency's (CRA's) 6th Annual Boynton Beach Pirate Fest and Mermaid Splash. Lord Henry Hyde was present with Lady Calliope to announce the 6th Annual Boynton Beach Haunted Pirate Fest and Mermaid Splash on October 21St and 22nd. He announced the CRA has outdone themselves compared to last year and there will be all sorts of performances all day long. There are 12 stages. There will be Moonie the Magnificent, an acrobat extraordinaire, a wheel of death, fire breathers, Pirates, costume characters and children's activities, dancers and musicians. He announced it is a free event and invited all to the event. Flyers were in the back of the room. It was noted the Police will be present on Seacrest Boulevard. B. Announcement by Recreation & Parks Director about the upcoming holiday events and now accepting nominations for the Holiday Parade Grand Marshal. Catch the Holiday Spirit by joining us at these wonderful events: Holiday Movie at the amphitheater beginning at 7pm on Friday, Dec. 1 Holiday Parade on Federal Hwy., beginning at 4pm on Saturday, Dec. 2 Holiday Tree Lighting, beginning at 5:30pm on Saturday, Dec. 2. Holiday Boat Parade, 6pm - 8pm on Friday, Dec. 8 Music on the Rocks, beginning at 6pm on Friday, Dec. 15. Wally Majors, Recreation and Parks Director, invited the community to help select a Grand Marshal for the Holiday Parade. The individual should be one who made a positive impact in the community and he noted this is a longstanding City tradition. Nominations can be submitted through the City's website. Mr. Majors announced he extended the deadline one week from October 20th. The Parade will be held on Saturday, December 2nd at 4:00 p.m. at Federal Highway using the traditional parade route. The Holiday Tree Lighting will take place after the parade at the Schoolhouse Children's Museum. He asked attendees to submit nominations and anyone with questions to call him or Stephanie Soplop, at 742-6649. Nominations can also be submitted via phone or in written form. The flyer is available at the back of the Chambers. Commissioner McCray asked Lori LaVerriere, City Manager, if anyone contacted Delray Beach regarding funding .assistance with this year's Holiday Boat Parade. Ms. LaVerriere responded the CRA handles that event and she would follow up with Mike Simon, Executive Director. C. Announce the City of Boynton Beach is hosting a Flood Awareness Workshop on Wednesday, November 8th from 5:30-7:00 pm at the Intracoastal Park Clubhouse. The workshop will answer residents' questions about flooding and City services, 3 Meeting Minutes City Commission Boynton Beach, Florida October 17, 2017 the newly revised FEMA flood insurance rate maps will be on display. For more information, contact Rebecca Harvey, Sustainability Mayor Grant presented the Item as noted above and advised flyers were in the back of the room. D. Announce that the City will be holding a project update for the community on the Town Square Project - Phase 1 on Wednesday, November 1, 2017 from 5:30 PM - 7:00 PM in the Library Program Room. Mayor Grant announced the meeting. E. Schedule and announce a special meeting of the City Commission and the CRA for discussion and consideration of Town Square Phase II contract. Staff recommends a special meeting be held prior to the November 7, 2017 regular City Commission meeting to allow enough time for presentation and discussion of the Phase II contract documents. Staff recommends the special meeting begin at 4:00 p.m. Mayor Grant announced the Special CRA and City Commission meeting regarding the Town Square Phase 11 contract. Vice Mayor Katz announced he would be late. Ms. LaVerriere advised she could issue the notice and have it properly advertised, but it was unknown if the developers will be ready and they may have to postpone the meeting. She will know more by Friday, if not held on November 1St, the meeting would occur in mid to late November. F. Update on Hurricane Clean-up Debris from Public Works. Jeff Livergood, Director of Public Works and Engineering, was present. Commissioner McCray noted the Solid Waste Authority had announced there is two years of cleanup to remove. He commented he was contacted by residents from all over the City inquiring about the delay and hoped the newspaper would give an update how the cleanup was proceeding. He was appalled nothing was sent to residents informing them not to comingle household waste, trash and debris. He hoped there would not be another hurricane and wanted Community Standards, when out in the community, to notify homeowners with beds and sofas to separate the items to be discarded. He met with Mr. Woods regarding a project in his district and thanked him as Community Standards was reaching out to the public. They were not trying to fine people, and he praised the Department on a job well done. Mr. Livergood explained, he calculates the City being 70% by volume complete with the cleanup. The City has completed one and in most cases, two passes removing clean vegetation. He advised the Monday, Tuesday, and Thursday, Friday garbage routes are back on schedule. Some residents are discarding more debris and landscape waste into the carts causing delays, but all of the garbage is collected from the carts by Saturday. 112 Meeting Minutes City Commission Boynton Beach, Florida October 17, 2017 Recycling is on schedule. Bulk trash, which accommodates large items such as mattresses, couches and others, is not on schedule and it accounts for most of the complaints. He requested residents delay disposing of large items until the City completely removes the hurricane debris. The City retained a contractor with two trucks to remove clean vegetation in addition to using all of the City's employees, and the Utility Department providing additional trucks. He anticipated the majority of the mixed debris and the majority of the bulk trash would be gone by Saturday. The goal is to start regular routes by Monday. Staff likely will not complete most of the routes, but it will have a clear process as opposed to jumping to different neighborhoods. The City was working in the area north of Seacrest and Boynton Beach Boulevard and was moving to Chapel Hill and Golfview Harbor Estates through the weekend. Staff will also concentrate on the south part of the City that has mixed debris loads until Saturday. Mr. Livergood explained, consistent with storms, the damage wears on all and residents lose patience when they want their streets clear. Staff knew the removal would take about 60 days and he agreed it is frustrating for those who were the first to have their debris removed, the same as it is for the last residents to have their debris removed. Staff is methodically moving through the community. Mr. Livergood conveyed the City is making great progress'and he is very proud to have a talented staff that is good about removing debris. Commissioner McCray agreed residents in District 11 continued to put out trash and it was a communication matter. He praised staff for an exceptional job. Mr. Livergood explained there was a very concerted effort to notify the community because the rules had changed regarding mixed debris loads. Staff also had to adapt how to use contractors and staff to address those issues. Next year, staff will have to use different techniques to inform the community about what should and should not be put out before a storm. There was time to prepare for the hurricane, which arrived after a holiday weekend. People prepared by pruning and throwing away last minute patio items they did not want to blow away and there was no way for the City to pick it up before the hurricane. Commissioner McCray suggested staff prepare a brochure to mail to each household to educate the residents about what to do before and after a hurricane at the beginning of next year's hurricane season. He commented he works in Broward and there is still a lot of trash there. Mayor Grant noted staff has to submit a report to FEMA for reimbursement. He wanted Mr. Livergood to make a report of the final tally of debris removed and learned staff was doing. a good job of tracking all expenses. Commissioner Romelus thanked Mr. Livergood and the Department for their efforts. She advised she received complaints regarding some of the Community Standards Officers starting to cite or pursue owners regarding lawn issues that still remain after Irma. She asked what protocol they follow. Mark Woods, Director, Community Standards, explained, based on the City Commission meeting, the Commission decided to have a moratorium of sorts to relax those efforts. Items related to the storm are not cited, but others violations are cited. Rotten fascia and 5 Meeting Minutes City Commission Boynton Beach, Florida October 17, 2017 overgrown grass will be cited. Commissioner Romelus was not sure how that applied considering there is a pile of garbage on a person's lawn and individuals cannot contact their landscaper. Mr. Woods responded each case is based on the inspector's evaluation. In general, the Officers look at the property and decide if the violations are storm related; if so, they provide information to the property owner. Commissioner Romelus thought it may be in the interest of the City to review complaints from residents who are cited. Mr. Woods agreed and explained if someone calls and says what the issue is, they work with the owner and he pointed out the entire process was changed so the homeowner would not immediately receive a violation. If anything, they would have received a courtesy notice. She requested a meeting with Mr. Woods after the meeting to provide information on the constituent. Mayor Grant commented if a property owner disagrees with the interpretation made by Community Standards, they can always call or write, but if the property owner does not contact Community Standards, in most cases, the Department moves forward with the matter. Commissioner McCray explained a Haitian Church approached him as they received a courtesy notice and they needed an interpreter. He advised he and Mr. Woods had discussed the matter. He also mentioned other individuals contacted him as they were cited and felt the violation was storm related. Community Standards Officers returned and explained it was not storm related and it was resolved. He agreed with Commissioner Romelus, but pointed out after they were presented with the violation, they learned they were in violation prior to the hurricane. Chair Grant announced the Grand Reopening of the LINKs at Boynton Beach Golf Course on October 281h from 9 a.m. to 1 p.m. and advised the Championship Course and practice areas were rebuilt with Tif Eagle Grass. The driving range and the enlarged T -Box was resurfaced with Celebration grass. The first 100 golfers will receive a pack of Wilson Golf Balls, and those after would receive free 15 -minute individual lessons with a PGA pro. There will be a free putting contest with prizes being 10% off all pro shop merchandise and 20% off daily golf fees. Wings, burgers and hot dogs are available for purchase. He noted the Chamber of Commerce is holding a tournament on Friday and the Boynton Beach Fire Department was holding a tournament on the 28th. Commissioner Casello commended the City Commission for its assistance in refurbishing the golf course. He praised the City and Ron Tapper, Golf Course Manager, for their commitment to upgrade the golf course to be competitive. He advised Ron Tapper. and staff did an outstanding job. B. Presentation of FY 17/18 Strategic Plan Initiatives by Trina Pulliam. (Heard out of Order) Trina Puliman, from Trainovations, announced the City has come a long way. Ms. Puliman analyzed the Fiscal Year 2015 Strategic Plan, which was prepared by another group and noted it contained 156 individual tasks. They analyzed the tasks and by Fiscal 9 Meeting Minutes City Commission Boynton Beach, Florida October 17, 2017 Year 2016, the Strategic Plan contained 17 tasks, which was more manageable and was a significant shift. Beginning with the Fiscal Year 2017 Strategic Planning cycle, the City shifted from tasks to strategic initiatives, which were the most important issues to the residents, staff, and the City. They were able to work on items that would achieve the vision and mission of Boynton Beach. The City determined there are four overarching . major strategies named Strategic Initiatives, which drive the work to align with one of the four categories below: • Redevelop the Downtown • Build Wealth in the Community • Boynton Beach Branding • Transportation and Mobility. The Fiscal Year 2018 work examines the work for the departments to ensure it aligns with the four initiatives. Some tasks will align with one initiative while others may align with all. Next year, they will report on the metrics and gauge the success of the City's work. They will review each department. She noted Mr. Scott already collected some data and Ms. Pulliam will report on how they collect those metrics and will make data driven decisions Mayor Grant commented they had a six-month update last year. He asked if an update will be given in 2018 and learned they would and they would expand on how the four initiatives apply to all the departments. 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) Sonny Garcia, 1631 NW 3rd Lane, Vice President, Rolling Green Association, complained about parking on the grass on NE 17th Avenue. The City has No Parking signs posted by the stop sign and he sees speeding vehicles. He commented he drives slowly and recently a small boy ran in front of him and he was able to stop, but those speeding would not be able to stop. He was told there would be officers present when the school picks up and drops off students, but he only saw officers once. He requested something be done. He requested curbs be installed to stop people from parking on the grass or the City contact the School Board to have the students picked up at the Ezell Hester Center. He was tired of calling the Police Department and receiving calls at his home. He added residents could also call Commissioner McCray as he had received calls. Mr. Garcia noted the Red Light Cameras have been reinstated and they save lives and have timers. He had provided a picture of how the timers show how much time there is to cross the street. He proposed if the City Commission wants to make Boynton Beach safe, they should put the cameras by the lights. 7 Meeting Minutes City Commission Boynton Beach, Florida October 17, 2017 Commissioner McCray explained Mr. Garcia called him and advised an Officer had called him to indicate they would follow through, but no one called Mr. Garcia and Mr. Garcia called him again. Commissioner McCray visited the site and saw no Officers present. He commented when someone tells a citizen what they will do, he expects the employee to keep their word. Mr. Garcia wanted to speak with Captain Kelly and Major Johnson and Dispatch told them neither of them were available. Dispatch was unaware of the situation and he questioned why they could not get in touch with the Captain, Major or Sergeant. He thought it was poor as someone has to be on duty at all times and be available to speak with citizens. Susan Oyer, 140 SE 27th Way, thanked Commissioner Romelus for judging the Seacrest Estates Halloween and Christmas/ Hanukah decorating contest. She' spoke about the Wands for Wildlife program using old clean mascara wands. The charity uses the wands to clean injured and/or orphaned wild animals. A collection box will be at Oyer Insurance and she will collect the wands and send them to the charity twice a year. Her students are involved in the effort and she invited the City to do so as well. She also distributed information from the 1,000 Friends of Florida, which talks about town character and what the City should be doing and encouraging in various towns as they restructure. Barbara Ready, 329 SW 13th Avenue, asked about the Strategic Plan and what was being done to encourage citizen/taxpayer participation, transparency, communication and input opportunities. She noted Commissioner McCray had commented about debris and communication. Ms. Pulliam responded these are items frequently discussed at. City staff meetings as well as how to work on transportation and mobility in a transparent way. She pointed out these efforts would fall under the values of the City. As for community input, they discussed and will implement a resident/community survey this year to allow City residents to provide input. Ms. Ready asked if the community was given the opportunity to participate in the writing of the plan. Ms. Pulliam responded not this year, but they may in the future as they look at the results of the community survey. There are incremental steps being taken. Ms. Ready felt citizen input was important. Ms. Pulliam agreed and advised they will have the survey and she will help the City analyze the results and then discuss focus groups to validate the information. Ms. Ready explained there are community concerns that could be addressed and included in the Plan. Commissioner McCray explained the City has focus groups, but there was no citizen input on this plan. He pointed out City Commissioners are only policy makers and he was baffled. Ms. LaVerriere explained this year they held public workshops on the Strategic Plan and the City was changing the way it develops the Plan. The City used to have a 75 page Strategic Plan. This year they changed consultants and moved to a more overarching, broader initiative or vision. Four goals were identified. The City will develop metrics for Meeting Minutes City Commission Boynton Beach, Florida October 17, 2017 what they do in the business and analyze if the action meets those goals and fit in the categories. The next step is to measure how they are doing. The City is not there yet with the focus group, but was starting with the survey first early next year. Then the focus groups would start work on the four initiatives. Commissioner McCray commented when he participated in Strategic Planning in the past, stakeholders were included. He agreed with Ms. Ready. Commissioner McCray requested Ms. Ready be given a copy of the old and new plans. David Scott, Director, Economic Development and Strategy, commented he and Ms. Ready spoke and what they discussed was what Ms. LaVerriere and Ms. Pulliam stated. Four overarching Strategic Initiatives were developed and in the future, all departments will align with the initiatives and there will be a lot of community input. Items such as branding cannot be implemented without community input and all of the activities for each initiative will require a lot of community input. Ms. LaVerriere commented this was a change and it is brand new. Commissioner McCray commented District II residents had inquired about Mr. Scott's position and he respond he was trying to figure it out as well. He was not getting positive feedback and District II has branded Mr. Scott. William Cwynar, 2701 SW 8th Street, thanked Mayor Grant, Commissioner McCray and Commissioner Romelus for calling him in response to his email. At the last meeting, there was discussion about a lobbyist serving on a Board and he conveyed he opposed it unless all of the lobbyist's clients are listed and they recuse themselves on any matter before any Board in which they were involved. He thought Mayors and City Commissioners would have to recuse themselves from voting on any matter pertaining to anyone who ever donated to their campaign and it would be a lot more open and honest. He again thanked the three Commissioners who responded to his email and thought the cell phones from the other two Commissioners may have been broken. He advised it would be nice to get an update on the Hurricane. Mayor Grant explained an update was made earlier in the meeting and explained the lobbyist list is on the Palm Beach County website. Each lobbyist has to name their principal. As for donations received by politicians, the official has to declare it, but it does not mean they have to vote for them. He has voted against items requested by campaign donors. Brian Fitzpatrick, 409 NE 1St Street, spoke about the Boynton Beach Housing Authority, and thought a consultant may be needed to guide the City through the process of becoming one, which would bring tens of millions of dollars into the City. He was disappointed about the City Commission failing to agree about the location of the Police Department and that some Commissioners indicated their constituents did not like the idea. He expressed some individuals may have a vested interest in keeping the HOB in its current rundown state. Having a new Police Department or City Hall would jumpstart development in the community and he thought the City may have developed a community standard for an acceptable level of shootings. He was disappointed developing the HOB was not in the Strategic Plan and expressed the HOB was not important any more. Meeting Minutes City Commission Boynton Beach, Florida October 17, 2017 Cal Warriner, Searcy, Denny, Scarola, Barnhard & Shipley Law firm, was present at the invitation of Mayor Grant. He announced the opioid crisis has affected hundreds of thousands of families. Deaths from opioid abuse exceeds those caused by smoking, car accidents and firearms/homicides combined. States and municipalities are rallying together and filing suits against the manufacturers of opioids, their distributors and drug stores to recoup those losses. In 2016, Boynton Beach EMS personnel responded to 450 opioid overdose calls. The expense from EMS responding to these calls is the tip of the iceberg, including halfway houses and even employees on long-term prescriptions for pain, is significant. Mr. Warriner advised the City would not spearhead the issue; rather they would join with others. Delray Beach hired counsel and Palm Beach County is speaking with law firms about representation as were many other South Florida municipalities. If anyone was interested, they are available to speak with them. Mayor Grant commented the City Attorney will get the information and review the lawsuit and options available. The item could be a future agenda item. He saw the recent 60 Minutes expose and it was heartbreaking what the Federal Government was doing allowing millions of pills to be distributed. The City would have to look at the actual expense to the City, what the City funds in the community and where those expenses lie to determine whether to take action under State or Federal Law. Mr. Warriner explained it is an individual suit and there may be coordination of the cases on the federal level. The defendant would be 15 manufactures of opioids, pharmaceuticals and distributors all the way down to drug stores and chains of drug stores. Mr. Warriner advised he was not soliciting the City. Vice Mayor Katz noted this was public comment and Mr. Warriner was invited to speak by a member of the Commission. Chair Grant asked if the City Commission wanted to add this as a future agenda item. There was no support to discuss it in the future. Commissioner McCray commented these meetings are supposed to be recorded and he hears Vice Mayor Katz talking when he makes his comments. He announced he lets his voice be heard and 'if anyone had anything to say about Commissioner McCray, they should say it publically so it could be recorded. Vice Mayor Katz commented there was no conversation. It has gotten to a point that if the use of staff continues to be used as props to make political points in public persists, he would, on an individual basis, start responding to those who use these staff as puppets. If constituents complain about something, the complaint should be sent to the City Manager who brings it to staff and they address it. He hears constituents say this or that about a particular topic, but it is a handful of people in districts. From time to time, some people are dissatisfied with anything in the City. He announced he would not tolerate it if he hears people call staff and try to make them look foolish for a political point or a sound 10 Meeting Minutes City Commission Boynton Beach, Florida October 17, 2017 bit. He would not want to be treated that way if he was a City employee or on any job and if it continued, there will be a response. Commissioner McCray accepted that. Mayor Grant noted in the future when calling staff to the podium, the Commission is allowed to make comments, but some comments, especially from the audience, are hurtful. Some comments are not positive, but they can be put on the record. He explained if someone on the dais has a comment, they should raise their hand and he will ensure they speak but will stop them if they are too personal. He advised he does not want more than one person talking at a time. Vice Mayor Katz clarified he was not referring to the public's ability to be critical of the government, it was more about the individuals on the dais. Commissioner Casello has no problem with anyone speaking against any official, but agreed it was troubling when an elected official, sitting at the dais belittles a City employee. He agreed with Vice Mayor Katz that if there is a complaint, they approach the City Manager. The City Commission is responsible for the budget and policy, not personnel. It does not paint the City favorably if Commissioners express their personal feelings about certain individuals. Commissioner McCray advised he had taken things to the City Manager when he was supposed to and he has been on the Commission for 13 years. He conveys what citizens tell him to them and if there is no outcome or recourse and the person is fanfaring in front of him he will speak out. Whoever does not like it will go toe to toe with him and then it will be done. 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 (N/V Stu) openings exist: Arts Commission: 2 Alts Building Board of Adjustments & Appeals: 2 Regs and 2 Alts Employee Pension Board: 1 Reg Library Bd: 1 Alt Senior Advisory Bd: 1 Alt Chair Grant announced the openings on the Boards as noted above. No appointments were made. 11 Meeting Minutes City Commission Boynton Beach, Florida 6. CONSENT AGENDA October 17, 2017 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. R17-093 - Approve the temporary road closures of Seacrest Blvd, the intersection of W Boynton Beach Blvd and N Seacrest Blvd, E. Ocean Ave., and Federal Highway in between E. Ocean Ave. and Boynton Beach Blvd. on Saturday, November 4, 2017 for the 5K Race for Poverty, and authorize the City Manager, or designee, to apply for the State permit for the temporary road closure. B. PROPOSED RESOLUTION NO. R17-094 - Approve the City's State Housing Initiatives Partnership (SHIP) Program Annual Report and Authorize the Mayor or his designee to execute the Certification to accompany the report. Commissioner McCray pulled this item and advised he was contacted by individuals who applied for SHIP funding. The applicants did not know the guidelines and it seemed that staff did not want to help. He had staff pull a report and saw one or two African American applicants. He hoped staff would be more cognizant of the individuals and address their issues. Commissioner McCray also announced he will get involved if constituent issues are not addressed and was aware there was funding. He commented it was similar to the Community Standards situation and it appeared to his constituents that staff helps their friends. He hoped there would be a more pleasing atmosphere when residents apply. Lashea Brooks, Community Improvements, explained the SHIP program is a first come, first serve program. Recipients must qualify based on income and the number of people in the house. The City has the funds and the City must spend all the money or it will be returned. Staff helps people that will not qualify and also assists owners seeking to rehabilitate their rental properties, but not investors. If they meet the guidelines, they receive assistance. Individuals seeking to apply should go to the front desk in the West Wing and Community Improvement staff will bring them to the second floor. Funding is ongoing and the program runs year round. Downpayment assistance is for someone who has not owned a home within the last three years. Commissioner McCray questioned if a justification was given when a person does not qualify and learned it was as long as the applicant submitted a formal application. Ms. Brooks explained there is a lot of documentation required and if they see initially the applicants do not qualify, they try to dissuade the applicant from bringing in further documents. Some banking information and other documents are exempt from disclosure, but income is not. She confirmed the reason for the denial would be included in the file. 12 Meeting Minutes City Commission Boynton Beach, Florida October 17, 2017 Motion Commissioner McCray moved to approve. Commissioner Casello seconded the motion. Vote The motion unanimously passed. C. PROPOSED RESOLUTION NO. R17-095 - Authorize the City Manager to sign an annual service agreement with Queues Enforth Development, Inc. in the amount of $71,664 for the continued maintenance and repair of the Public Safety Computer Aided Dispatch/Records Management System as a sole source vendor. D. PROPOSED RESOLUTION NO. R17-096 - Authorize the City Manager or designee to apply for and sign all documents with Florida Department of Transportation (FDOT) State Safety Office associated with the grant acceptance and grant agreement subject to the approval of the City Attorney for the Boynton Beach Occupant Protection & Child Passenger Safety Program. E. PROPOSED RESOLUTION NO. R17-097 - Authorize the City Manager to sign a proposal/contract with M&M Asphalt Maintenance Inc., d/b/a All County Paving of Delray Beach, FL, in the amount of $89,285, plus a 10% construction contingency in the amount of $9,000 for a total cost of $98,285.00 for the purpose of rehabilitating Commerce Road utilizing the City of West Palm Beach's Paving Contract #16393 pricing, terms and conditions. The City of West Palm Beach's competitive bid process satisfies the City of Boynton Beach's competitive bid requirements. Commissioner Casello pulled this item for discussion and understood the City would put resources into Commerce Drive, which dead ends into High Ridge Road across from the Landings. His concern was the area is very dark at night. He asked the City Manager about expanding the intersection, for turning trucks and if they could have streetlights, installed at the intersection. Commissioner Casello requested she come back with a report. Ms. LaVerriere advised it may involve the County and FPL and she would consult with Mr. Livergood and would check on the cost. She will also investigate if Surtax funds could be used as it is an appropriate expense. She noted Commerce Road is a City - owned road and High Ridge Road is a County Road. Motion Commissioner Casello moved to approve. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. 13 Meeting Minutes City Commission Boynton Beach, Florida October 17, 2017 F. PROPOSED RESOLUTION NO. R17-098 - Authorize the City Manager to sign a 3 year Master Services Agreement with AT&T for the installation of a 20MB Dedicated Internet Circuit and Reactive Distributed Denial of Service Monitoring for a total monthly cost of $911.11 split equally between the Police and Fire Department, utilizing the GSA Schedule 70 of the GSA Contract GS -35F -0249J1. G. Authorize utilizing the State of Florida Contract No. 46000000-15-1, Defense Products, for the purchase of police equipment and ammunition with Lou's Police and Security Equipment of Hialeah, FL for an estimated annual expenditure of $90,000. The State of Florida procurement process satisfies the City's competitive bid requirements. H. Authorize utilizing the NASPO ValuePoint contract 2016-182, for the purchase of body armor with Lou's Police and Security Equipment of Hialeah, FL for an estimated annual expenditure of $85,000. The NASPO procurement process satisfies the City's competitive bid requirements. Approve utilizing Sunbelt Waste Equipment of Pompano Beach, FL for an estimated annual expenditure of $85,000. Sunbelt Waste Equipment is the sole source and authorized dealer and repair center for Heil products. Approve an increase to estimated annual expenditure to Thermal Concept from $125,000 to $200,000 per the City Bid #050-2511-16/JMA. K. Approve the issuance of an annual blanket purchase order to South Florida Emergency Vehicles for an estimated annual expenditure of $75,000 as a sole source vendor. L. Approve Blanket Purchase order to Lou Bachrodt Freightliner of Pompano Beach, FL in the estimated annual amount of $50,000. M. Approve the issuance of a purchase order to Expert Diesel of Fort Lauderdale, FL utilizing the City of Miami's contract #291272(17) with an estimated annual estimated expenditure of $35,000. The City of Miami's procurement process satisfies the City's competitive bid requirements. N. Approve issuing a purchase order to Rechtien International Truck Center for an estimated annual expenditure of $75,000 as a sole source vendor. O. Approve an increase to the approved expenditure to the "Cooperative Bid to Furnish, Deliver and Discharge Quicklime" with Lhoist North America by an additional $80,000 for the first quarter of fiscal 2017/8. P. Approve utilizing the City of Bartow, FL Bid No. W D-2017-04 with American Water Chemicals, Inc. of Plant City, FL for Corrosion Inhibitor AW C A-782 for an `V Meeting Minutes City Commission Boynton Beach, Florida October 17, 2017 estimated annual cost of $40,000. The City of Bartow's procurement process satisfies the City's competitive bid requirements. Q. 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 October 17, 2017 - "Request for Extensions and/or Piggybacks." R. Accept the Fiscal Year 2016-2017 Budget Status Report of the General Fund and the Utilities Fund for the eleven (11) month period ended August 31, 2017. S. Legal Expenses - September 2017 - Information at the request of the City Commission. No action required. T. Accept the written report to the Commission for purchases over $10,000 for the month of September 2017. U. Approve the minutes from the Regular City Commission meetings held on September 19, 2017 and October 3, 2017. Motion Commissioner McCray moved to approve the Consent Agenda. Commissioner Casello seconded the motion. Vote The motion unanimously passed. 7. BIDS AND PURCHASES OVER $100,000 A. Approve utilizing the City of Miami's Contract IFB No. 516388 to furnish and install emergency equipment for law enforcement vehicles on an "AS NEEDED BASIS" from Dana Safety Supply, Inc. of Doral, FL for an estimated annual amount of $225,000. The City of Miami's procurement process satisfies the City's competitive bid requirements. Chair Grant announced the item. Motion Commissioner Casello moved to approve. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. 15 Meeting Minutes City Commission Boynton Beach, Florida October 17, 2017 B. Approve utilizing the City of Delray's Agreement based on ITB #2017-047 for the procurement of bulk gasoline and diesel fuel with MacMillan Oil Company, LLC of Hialeah, FL for the City's fleet with an annual estimated expenditure of $1,500,000. The City of Delray's procurement process satisfies the City of Boynton Beach's competitive bid requirements. Mayor Grant read the item by title only. Motion Commissioner Romelus moved to approve. Commissioner Romelus wanted to know about the City's efforts to be green and about the potential to use electric or hybrid vehicles. Mr. Livergood each year when staff prepares the fleet plan, they identify the vehicles the Department needs, and when done, look for the most fuel-efficient vehicles. They traditionally look at internal combustion engines first because when dealing with pick-up trucks and some of the fleet vehicles, electric vehicles do not provide the needed service. Staff reviewed alternative fuels such as liquid propane and compressed natural gas to see if they were available. This year, the City obtained its first electric vehicle, which was a Nissan Leaf. He explained the City has to purchase the vehicles that makes the most sense from an up -front purchase perspective, to an annualized maintenance cost for how long the vehicle will be used, compared to how many miles the operator drives the vehicle. This is needed to ensure the City will receive a payback over the life of the vehicle and staff reviews the information in intricate detail. It is also asked of every department when considering which vehicles to acquire as staff would like to see less money used for diesel and gas. Mayor Grant commented even though internal combustion vehicles may be the most cost effective, the vehicle burns gas compared to an electric vehicle. He wanted to see the comparison in cost between electric vehicles versus internal combustion vehicles. Mr. Livergood advised that information would be presented next year and it is a value decision that only the City Commission could make. When contemplating a staff vehicle that is $14,000 with an internal combustion engine versus an electric vehicle that is $21,000, the annualized expense is more costly for an electric vehicle and the City Commission would have to determine if it is worth the additional expenditure for the benefits. Staff always look is for the best price. It was noted the City has to pay for its own electric chargers and the public gets to use them for free. Commissioner McCray asked how much money was spent on fuel during the last fiscal year just ended. Tim Howard, Assistant City Manager, responded in FY 16/17, the City spent approximately $727,000. The year before was $1 million. The amount fluctuates based 16 Meeting Minutes City Commission Boynton Beach, Florida October 17, 2017 on what is occurring and the price of fuel. Staff requested $1.5 million so they would not have to approach the City Commission if the price increased and they only order the fuel as they use it. Commissioner McCray commented he sees a lot of City vehicles driving around and encouraged the City to be as frugal as possible. The unused funds remain in the Fleet Fund, which' is an internal service fund that is used to pay for the mechanics, the garage, maintenance and equipment and to purchase vehicles in the future. It is an open Purchase Order and as they move through the year, unused funds go back into the Fleet fund each month. The item was on the Consent Agenda because they were starting the new fiscal year. Mr. Howard also advised they piggybacked the State of Florida contract. Delray just went out this year for their contract and the price was less. Staff also checked a cooperative in Ft. Lauderdale, but Delray Beach was lower. Commissioner McCray seconded the motion. Vote The motion unanimously passed. C.. Approve utilizing the Town of Palm Beach Bid #2015-08 for tree trimming and pruning with Zimmerman Tree Service of Lake Worth, FL for blanket purchase order with an estimated annual expenditure of $190,000. The Town of Palm Beach procurement process satisfies the City's competitive bid requirements. Mayor Grant presented the item. Motion Commissioner McCray moved to approve for discussion. Commissioner McCray asked how much money was spent last year regarding tree trimming. Mr. Livergood responded with respect to Zimmerman Tree Service there is an existing purchase order not to exceed $25,000. Staff sought to increase the dollar amount and only the City Commission can award the bid. Much of the cost is for hurricane debris removal. Generally, Zimmerman prunes from $50,000 to 100,000 worth of trees mostly in City parks and municipal grounds. He thought it would be higher this year. He also encouraged the City Commission when driving to look up into the trees. There are a lot of hanging branches that are starting to die back that are visible that should be removed. Commissioner Casello advised the LINKS had alot of tree damage and the crews did good job, but there are large stumps. Mr. Livergood explained he may be able to use Zimmerman and it was discussed earlier in the day. Stumps are difficult to remove and currently, stumps related to hurricane debris are not permitted at the transfer sites. It 17 Meeting Minutes City Commission Boynton Beach, Florida October 17, 2017 would help the City to have a contractor who is able to remove the stumps and collect them. Commissioner Romelus asked if the City used the traditional bid process to retain Zimmerman's services and learned the City did. It was piggy -backed from Palm Beach who issued the bid based on an hourly rate for this type service. The services are also on an as -needed -basis. The Town of Palm Beach issued the bid at the end of 2015 and Zimmerman is in one of their one-year removal periods. Commissioner McCray questioned if the City could get a better price. Mr. Howard explained one of the reasons the City piggybacked the bid was partially the result of the hurricane and the City wanted to address the trees. Additionally, staff had to consider how long it would take for the City to process its own bid, advertise, open and award. This agreement was already in place so the City moved forward with it this fiscal year to get the trees started and get the process done. Since the hurricane, the responsiveness and the availability of vendors to do this type of work is very limited. He advised they were lucky the contract was already in place. Mayor Grant had spoken with Mr. Howard why the City did not use someone locally and learned it is difficult to find local bidders. FEMA covers hanging and leaning tree limbs that have not fallen down, but are about to break off. If the branches look dangerous, Public Works should be contacted to avoid them falling on vehicles and people. That was why they were using the hourly rate for the tree trimming. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. Commissioner Romelus commented there were many protocols that were not followed after the hurricane. The entire State was hit by the hurricane and other cities and municipalities were doubling and tripling payments to get vendors to come to their cities first. She thought it would be appropriate to send a Resolution to encourage the Legislature to understand the situation was a form of price gouging that should not occur. She sought to avoid price gouging and noted Boynton Beach had contracts with vendors who left Boynton Beach to work elsewhere for a higher price. Chair Grant agreed, but noted there is a free market. Commissioner McCray also agreed the situation should be reviewed. Ms. LaVerriere explained at the Mayor's and Manager's Conference, a summary was being prepared regarding after actions from the hurricane and there will be discussions at the Legislative level about the matter. Many cities had contracts in place as did the City and Boynton Beach did not receive everything they were supposed to receive. The failure to fulfill contracts left many cities with nothing. She praised City staff that was available to do some of the work. Part of the discussion that will be conveyed to FEMA M Meeting Minutes City Commission Boynton Beach, Florida October 17, 2017 is how to react in a timely manner as a City because of the procurement process otherwise it could be months to try to find another vendor to assist during a crisis. Mayor Grant agreed and questioned how a company from Tennessee could handle the job. They provided the lowest bid, but was unable to deliver on the contract. He asked if the City would pursue the company for breach of contract. Ms. LaVerriere responded it depended on the level of breach and it was being discussed with Mr. Livergood. Mr. Livergood cautioned they must be careful. The companies the City deals with for debris management are national companies and none of them imagined a major storm in Texas, where they had contracts would occur, and then a storm going up the spine of the peninsula affecting many other clients they had. It put a great demand on the company, similar to what is seen after power outages. Companies come from out of state. The best way to deal with it, in this type of crisis with demand is to work cooperatively with the contractors to recognize their constraints and to use their resources wisely and combine them with the City's staff, which worked well. The City was lucky. D. Approve the ranking of the proposers as determined by the Evaluation Committees and authorize staff to conduct negotiations with the three highest ranked firms: The Mellgren Planning Group; Jon E. Schmidt & Associates d/b/a/ Schmidt Nichols; and Gentile Glas Holloway O'Mahoney & Associates, to establish contracts in accordance with Request for Qualifications - RFQ No.: 049-2410-17/IT for General Planning Services and as per Florida Statutes 287.055, Consultants' Competitive Negotiations Act (CCNA). At completion of negotiations contracts will be brought back to the Commission for approval. Mayor Grant read the item. Mr. Howard explained the City issued the RFQ for general services. Mr. Mack explained the Department issued an RFQ to augment City staff so when there are special projects or tasks that needs a specific skill set, the Department will have the ability, on an as -needed basis, to hire rotating firms during the next three years. This is new and similar to how the City handles the engineering contracts with Utilities. There is a negotiated price set on an hourly basis, and staff brings back task orders with a not to exceed amount. This item was just the award. Staff will negotiate and bring back an hourly rate. Commissioner McCray liked it was on a rotating basis. Motion Commissioner Romelus moved to approve. Commissioner McCray seconded the motion. Vote The motion unanimously passed. 19 Meeting Minutes City Commission Boynton Beach, Florida October 17, 2017 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. Approve Courtyard Gardens Major Site Plan Modification (MSPM 17-007) for a one-story, 51,258 square foot inpatient medical facility with memory care and related site improvements at 3005 S. Congress Avenue, in the C-3 (Community Commercial) zoning district. Applicant: Joni Brinkman, Urban Design Kilday Associates. Shana Bridgeman, Assistant City Attorney, reviewed the item and administered an oath to all those intending to testify. Joni Brinkman, Urban Design Kilday Studios, on behalf of the applicant, Courtyard Gardens of LLC, introduced the applicant's representatives, the Gazzo family who were present, along with Dr. Peck. The Architect, Jim Williams, AW Associates, Leo Urban, Urban Associates and Ryan Wheeler, Engineer from Caufield and Wheeler were also present. The project is located on the northeast corner of N. Charter Drive and Congress Avenue. The vacant property is just south of the Manor Care.skilled nursing facility. The request was for a Major Site Plan Amendment for a proposed 51,250 square -foot inpatient medical facility for Alzheimer's and dementia care patients providing transitional and more intense treatments. The facility will have 150 beds, 80 units with outdoor areas, courtyards and verandas. They used the prior location of a building that was demolished after the hurricanes in 2009. The site was originally approved in 1988 as part of the Manor Care facility. It already had a 120 bed assisted living facility on the property. The property was purchased in 2009 by Sandy Slomen, who was approved for an autism center, however, the approval lapsed and later, an in-house patient detox facility application was denied. The open space areas between the east and west side of the facility will be maintained and will provide oversized setbacks from the residential multi -family homes to the west and from Congress Avenue. Access from Congress Avenue is through a shared ingress, egress easement with Manor Care. There is shared parking to the north and outside the property boundary, but there is a cross -parking access agreement. They will maintain two driveway entrances off Charter and the front parking area will be used by visitors with employee parking behind the facility. There is an interior courtyard and the facility has security. Sixty parking spaces were required and 73 spaces were provided. The applicant committed to follow upcoming rules from the Legislature regarding nursing homes, and to provide a generator to maintain the entire operation of the facility. It is in design and the applicant was committed to using that design. The Legislature is also working on rules. NX Meeting Minutes City Commission Boynton Beach, Florida October 17, 2017 The building was a one-story building. There is an existing wall to the west that was required when the previous building was constructed that will be maintained and landscaped on both sides. There will be considerable landscaping in the front of the building and 50% of the land area will be green space and there is a dry retention pond. Other building elevations were viewed. Ms. Brinkman advised they went over and above the required security. Staff agreed the security was adequate, and she requested the Board support the approval. Commissioner McCray thought the safeguards were appropriate. He asked about a fence and learned the entire facility would not be fenced. Due to the cameras around the facility and the entering and leaving protocols, there was no need to enclose the entire facility. There will also be cameras in all hallways. Commissioner Casello received confirmation the surrounding property owners were contacted. Ms. Brinkman added when they started working with the Gazzo family, they impressed it upon them to reach out with the neighbors. Outreach occurred early on including Hunters Run. The generator they plan to obtain has to operate at least all of the air conditioning needed to cool the facility. Commissioner Romelus asked what sustainable green elements were used for the building and learned the building was not LEED certified. Jim Williams, AW Architects, explained they incorporated elements such as a light colored roof, and a white membrane roof in the flat roof area. The walls to window area was studied and they used Low -E Glass. Shading from the landscaping is also an important component and warm LED lighting will also be used. He explained certification is an expensive process, which takes a year after the project is operational. Commissioner Romelus asked if the rooms have natural light and learned they did. There is a serenity type garden in the courtyard and plenty of green space and light. Mayor Grant opened public comments. Susan Oyer, 140 SE 27th Way, complimented the team on removing and shifting the existing trees and liked the project overall. She noted 77% of the trees are palms and the rest are shade. She thought there were excessive palms and she favored shade trees and hoped the City Commission would support more shade trees. She also commented there was room for solar energy to be incorporated in the project and wanted the City to be progressive as there is room for solar panels on the rooftop, only even if it offsets lighting by.the front door. She commented there are no electric vehicle charging stations and questioned why no charger spaces were included. She thought it would an issue in the future as visitors may have electric vehicles and added she was only requesting one station. Leo Urban, Urban Associates, explained they kept all the existing trees and there are alot of shade trees. The plant list showed there are palms around the building to reduce hurricane damage. The rest of the site is covered with trees. Ms. Oyer commented Mr. Urban did not include the percent of shade trees to palm trees which other developers 21 Meeting Minutes City Commission Boynton Beach, Florida October 17, 2017 have been doing. There are only 23 existing shade trees out of 101 total trees. The native Sabal Palms were moved on site. They relocated an Oak tree and added Palms only around the perimeter of the building and various native buttonwoods in areas where there was not a lot of room to plant them as there are huge trees on site. He announced they met the City's requirements. Jim Williams also responded he has used photovoltaics on some of his projects and they are difficult to use and be cost effective. The projects they used them on were large government projects with huge grants from the Department of Energy, which they cannot obtain. The payback on a straight financed photovoltaic system would occur over many more years than an investor would want and it is difficult to make it cost effective for a commercial building. The rooftop that would be available would be the flat roofed areas and they have high efficiency air conditioning equipment, which uses a lot of square footage. There is a hood exhaust system that has to meet a 10 -foot separation requirement and the roof area will be packed. As to parking, they were almost over parked. There is the cross -access parking agreement so parking will be available during the holiday season, and there was no Code requirement for the electric vehicle charging stations. Commissioner Casello liked the project and favored the electric vehicle charging stations. He asked how many handicapped parking spaces were available and learned there were four which was sufficient. There was also a covered drop off area at the front entrance. Commissioner Casello advised he would not approve the project without the electric vehicle charging stations and he wants to see the generator's installation in writing. The facility is a for-profit facility that will create about 100 jobs. Commissioner McCray praised the project and thought other facilities should include generators and check on other facilities that do not. Mayor Grant noted they have to spend 1 % for public art. Ms. Brinkman noted Mr. Urban would work on placing art on the property. Chair Grant noted the art has to be in the public's view, but was fine with art in the courtyard because patients would rarely leave the building. He also pointed out Barrier Free Park was within walking district. He asked if management would take patients to the park and learned they would remain at the facility. Mayor Grant wanted to ensure there was ample recreation within the Center and learned there will be a salon, library and theater. Dr. Peck explained he owns a similar facility in Jupiter called Courtyard Gardens that has a beautiful courtyard for the patients to enjoy without going outside. The patients cannot exit the building as there are codes on all the doors and the security has to be there which is why they design the courtyards they have. The Jupiter facility was built 18 years ago when Dr. Peck saw there was no place for these patients to go except for skilled nursing facilities. He decided to take 20 beds, segregate the patients and give them their own dining and garden areas and the 20 beds grew to 60 beds. It was an innovation in the field of dementia care. In reference to the air conditioning, he had told Mr. Gazzo before 22 Meeting Minutes City Commission Boynton Beach, Florida October 17, 2017 the hurricane occurred, they will have a generator of sufficient size to take care of everything in the building and the generator will turn on automatically when the power shuts off. Mayor Grant advised he supported the car chargers. He wanted people to know the building is a green building. Mr. Peck announced the air conditioner will use green biodiesel fuel. Commissioner McCray asked about security in Jupiter and learned there was never a problem. Commissioner Casello asked how medication would be dispensed and learned an RN will handle the medication in a clinic area each morning based on doctor's orders. The facility is licensed as an assisted living facility and the RN dispensing the medications meets the requirements. Vice Mayor Katz noted the surrounding community had concerns about traffic. Ms. Brinkman reiterated employee parking was behind the building and will occur on a shift basis. Additionally, a parking and traffic analysis was submitted to the County. Vice Mayor Katz asked about traffic during peak hours Ms. Brinkman did not anticipate any traffic issues. Commissioner Romelus asked if they would commit to hire locally when possible and learned they would. Some type of an announcement would be made. Commissioner Romelus noted South Tech was right across the street that has medical field students. Motion Commissioner Romelus moved to approve. Commissioner Casello seconded the motion including the stipulations discussed, which were the two car chargers and a full operational generator and local hiring. Vote The motion unanimously passed. G. PROPOSED ORDINANCE NO. 17-030- FIRST READING - Approve 711 North Federal Highway Abandonment (ABAN 17-007) request allowing the abandonment of a portion of the alley immediately west of 711 North Federal Highway, and immediately north of NE 6th Avenue. Applicant: Michael Simon, Executive Director of the Boynton Beach Community Redevelopment Agency (CRA). Attorney Bridgeman read Proposed Ordinance 17-030 by title only on first reading and administered an oath to all those intending to testify. 23 Meeting Minutes City Commission Boynton Beach, Florida October 17, 2017 Theresa Utterback, CRA Development Services Manager, presented the item. Mayor Grant asked if there would be a sidewalk on the south side of the property and learned there would. There would be lighting improvements on 6t" Avenue as well. Commissioner McCray inquired where Mr. Simon, Executive Director, and Assistant CRA director Thuy Shutt were and learned they were at a Florida Redevelopment Agency Conference in Daytona Beach with some members of the CRA Advisory Board. Commissioner Casello asked if Mr. and Mrs. Woods were actively starting construction and learned they have not as the Purchase and Development Agreement will be before the Board in November. Chair Grant opened the item for public comment. No one came forward. Motion Commissioner McCray moved to approve. Commissioner Romelus seconded the motion. Vote City Clerk Pyle called the roll. The motion passed 5-0. H. PROPOSED ORDINANCE NO. 17-031 - FIRST READING - Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 1, Article II, Definitions and Chapter 3, Article IV, Section 3.D, Table 3-28, Use Matrix and Footnote #57 to add definitions, use provisions, and standards that regulate the medical marijuana dispensary industry. Attorney Bridgeman read proposed Ordinance No. 17-031 by title only on first reading. Andrew Mack, Development Director announced the purpose of the Ordinance is to establish regulations for medical marijuana dispensaries in the interest of public health and safety and to ensure patients who qualify to obtain, possess and consume medical marijuana have access to the drug under State law. He reviewed the State preemptions to not place specific limits on the number of dispensaries, or enact regulations or restrict locations for dispensaries that are more restrictive than for pharmacies. The City cannot charge a fee greater than the fee charged to pharmacies and cannot be within 500 feet of schools. He reviewed definitions of a Medical Marijuana Treatment Center as a facility to operate in accordance with the State Department of Health that dispenses the product to qualified patients or caregivers, noting that the dispensing facility does not prepare transfer, cultivate or process any form of marijuana or marijuana product. Distance restrictions are the same as for pharmacies. He reviewed the proposed zoning matrix as contained in the PowerPoint presentation listing the districts where the use is allowed, which also corresponds to districts where pharmacies are allowed. The gross floor area cannot exceed 5,000 square feet in the C-1 District or exceed 10,000 square feet in the all Meeting Minutes City Commission Boynton Beach, Florida October 17, 2017 C-2 District. He reviewed general notes detailing the facility must be integrated into Mixed Use buildings or developments. It cannot exceed more than 50% of the gross floor area of any building and/or exceed 20% of the gross floor area for developments in the PID District. Facilities in Mixed Use districts must be integrated into Mixed Use buildings and cannot be more than 50% of the gross floor area of any building and/or exceed 30% of the gross floor area of any development. Facilities in Mixed Use 1, 2 and 3 Districts are permitted on lots fronting arterial or collector roadways. As a general note in the PID District, facilities are allowed in land located in Nixed Use land fronting arterial roadways or if the development order is not solely for residential development. Staff proposed to add a medical marijuana dispensing facility may not be located within five hundred (500) feet of the real property that comprises a public or private elementary school, middle school or secondary school and he reviewed the distance separation in the Mixed Use 4 and Mixed Use High districts. Commissioner Casello asked about the average square footage of a dispensary and learned it is usually under 5,000 square feet. There are performance standards in the Statute that restricts hours of operation, where the seating would be and how staff are handling cash, which the State would inspect and enforce. Mayor Grant asked if treatment centers allow edibles and learned not on site. The facility is strictly a pharmacy. When it is produced at the Medical Marijuana Treatment Center (MMTC), which is where the seed to sale occurs, it is shipped to a facility where it is dispensed just like a pharmacy. Mr. Mack explained MMTCs and advised, the City was not approving growing marijuana, only a dispensary. There are specific requirements to grow. Currently, there were seven requirements and another three requirements were pending. Each MMTC is only allowed to service a total of 25 dispensaries. Vice Mayor Katz explained the limitations on how many locations statewide an operator can open addressed concerns about mass proliferation. Mr. Mack understood they are allocated per region based on population and there are regulations, but it was possible two growers could be next to each other, depending on the zoning district. Mayor Grant opened public comment. Edward Tedtmann, 869 NW 8th Avenue, asked if dispensaries could sell other items or were limited to only selling medical marijuana. Mr. Mack explained the dispensaries may not dispense any other types of cannabis, alcohol, illicit drug related products including pipes, bongs, wrapping papers other than marijuana delivery service. They can only sell what is required to dispense the medicine. Mr. Tedtmann commented pharmacies sell a variety of products. Mr. Mack explained there is a separate license for a pharmacy. A pharmacy cannot dispense medical marijuana. Mayor Grant asked if a pharmacy could sell products as seen on TV. Mr. Mack did not think it would be permitted. Dr. Jeff Eder, Orthodontist in Boynton Beach, had concerns about the concept as there are issues with medical marijuana. He explained there are only two forms of medical 25 Meeting Minutes City Commission Boynton Beach, Florida October 17, 2017 cannabis approved by the FDA prescribed for use and there is no actual evidence to support marijuana does anything for its patient in its typical form. The CDC and American Medical Association all have real information on the website about the issue and bringing this to Boynton Beach, as a practitioner, is problematic because they have no information about it. He believes good will result from marijuana trials, but the proof is not there yet and he thought the issue was premature. He felt the people operating these facilities are not medically trained or pharmacists, and are lay people who are in it for the money. Marijuana causes lung and mouth cancer. He understood they are allowed to have satellite locations over which the City will have no control if approved and there will be vape shops. He had an ethical problem as he felt this issue was rubber stamped. He took an oath to do no harm and contended when a doctor prescribes marijuana, they do not know about the dosage and the concentration varies. He thought they were opening a Pandora's Box and opening the door for the recreational use of marijuana as it has in every other state down the road. Mayor Grant responded five states allow recreational marijuana and 26 states allow for medical marijuana. The use is permitted by the constitution and a super majority voted for it. It does not matter if the City has a dispensary or not as anyone can have the product delivered. Having a dispensary in the City allows residents to talk to a doctor. Since marijuana is federally banned as a controlled one substance, there is no data or proof it cures or helps any ailment. He spoke to the sheriff and police officers and they indicated marijuana does not make one combative as opposed to alcohol. Dr. Eder explained the use was approved by the voters, but every other medication had to be approved through the FDA. He pointed out this slipped through and noted there is an opioid problem. Marijuana was being approved and he thought it was part of the problem. Mayor Grant pointed out the voters have the ability to change the constitution by a 60% majority. This initiative failed in 2014. Palm Beach County favored it by 75%. He agreed lay people made the decision. Commissioner Casello asked if the dispensary could sell anything that could be smoked. Mr. Mack understood it was still undetermined. Commissioner Casello thought there have been studies that it does provide some type of benefits for certain diseases. He expressed at some point it will be totally legal in all states and agreed if not for anything else, it will be a money making operation. The Constitution says it is legal and voters approved it. Dr. Eder advised the studies were based on non-scientific methodologies and are entirely anecdotal. He explained the efficacy of drugs has to be scientific. There is no evidence it meets the standards for FDA approval. He asserted individuals were being bluffed into fake news/science. The evidence is not there yet, but he believed it would come. Commissioner Casello asked about alcohol. Dr. Eder explained it is a drug. The difference between medication and poison is dosage. There have been situations where patients took medical marijuana and they hurt or killed themselves. One guy jumped off balcony and a woman shot her child after taking medical marijuana. He explained there NER Meeting Minutes City Commission Boynton Beach, Florida October 17, 2017 are ramifications and it is difficult to detect. If someone is stopped for a DUI, there is no way to measure it. No one else coming forward, public comments was closed Vice Mayor Katz had spoken with Dr. Eder earlier and appreciated his willingness to speak on the issue and contribute. Commissioner Casello agreed. Commissioner Romelus supported the move in terms of doing things to help improve the quality of life for patients, but noted the City lost its ability to legislate the way these facilities come into the City. Cities should control its licenses, the number of facilities and others. She felt the City's authority was usurped and due to that fact, she would not support it. Commissioner McCray appreciated Dr. Eder's comments and advised he would not vote in favor. Motion Vice Mayor Katz moved to approve. Commissioner Casello seconded the motion. Vote City Clerk Pyle called the roll. The motion passed 3-2 (Commissioners McCray and Romelus dissenting.) 10. CITY MANAGER'S REPORT A. Discussion of process of selling city owned land requested by Vice -Mayor Katz. Ms. LaVerriere advised at the request of Vice Mayor Katz, staff included an ordinance in the meeting materials. Prior to 2012, the City was required to place land out to public bid in order to dispose of it. The City amended the Ordinance in 2012, to use a realtor instead as the land price was low balled using the bid process. The current process allows buyer, if someone is interested in buying land, to send her a letter which she reviews and brings to the City Commission. The City can hire a broker, similar to the process used by the CRA to acquire land, and the City would not be named as a party. It helps the negotiations. There were a few sites the Commission had discussed selling in the past and one was by Leisureville. Vice Mayor Katz explained Habitat for Humanity was interested in the site to the east of Leisureville and he had spoken with Leisureville, who was interested in obtaining the site. The third option was to use a broker. The parcel the City owns can fit 10 to 11 single family detached homes. Leisureville residents want to buy the entire parcel, but could not afford the entire parcel. 27 Meeting Minutes City Commission Boynton Beach, Florida October 17, 2017 (Commissioner Casello left the dais at 9:23 p.m.) (Commissioner Romelus left the dais at 9:24 p.m.) He was in favor of allocating the property, particularly the south end which is locked between existing Leisureville structures to them for free or a nominal price and list the remainder of the property with a broker for development. He commented the City could generate a couple of $100,000 if there was a buyer. He thought the market would support it and the homes in Leisureville sell in the $200,000 range. He was looking for staff to review the parcel and see what portion Leisureville could use to expand. They were interested in using the property for a recreational facility or for a fenced -in dog park and then brokering the remainder of the property. (Commissioners Casello and Romelus returned 9:26 p.m.) Mayor Grant favored interested parties contacting the City Manager. He noted Leisureville spoke to Vice Mayor Katz, but to no one else. If someone is interested in City or CRA land, they should issue a letter of intent and they discuss it and see if anyone else is interested in the property. They could also use an RFP. Commissioner McCray wanted to discuss maps 171 and 172, which is the Rolling Green Municipal Complex. Citizens have informed him it is poorly kept, and rats leave the property and go to the neighboring homes. Mayor Grant inquired if there were any improvements planned. He also noted the Public Works location was becoming cramped. Colin Groff, Assistant City Manager, explained it is a difficult site to develop as it is behind the neighborhood and there is only access through the neighborhood. If the City Commission wanted, staff could bring back plans for that site. It is currently used and the City has to have a place to store dumpsters and carts. The other element is to have thee party write the City Manager a letter and staff will develop a plan to bring back to the City Commission. Mayor Grant noted there are parklands available and the City will work with anyone who wants to help build parks. Commissioner McCray clarified, in reference to the two parcels he spoke of, the City is not interested in moving Public Works to that location. The community was still waiting for another location to be found for Public Works. Commissioner Casello noted there were a few properties by Nickels Boulevard. Mr. Livergood explained the property was part of a land swap with Westside Baptist Church 25 years ago. He commented people who are interested in vacant land cannot approach the City and Palm Beach County was part of the process. The property is deed restricted and must be for public use. There were other discussions with the County. The property was supposed to be for housing and there is a process to follow. Meeting Minutes City Commission Boynton Beach, Florida October 17, 2017 Commissioner Casello asked why it was taking 25 to 30 years to have that discussion. Ms. LaVerriere responded it was fear of resistance from the neighborhood. Commissioner Casello thought it should be discussed and a strategy developed. As it pertained to the Nickels property, the City would have to speak with the County to remove the deed restrictions. Mr. Groff explained he has a list and received comments on two of the properties. The City would contact Leisureville and bring it back to the Commission and also investigate the Rolling Green parcels. Mayor Grant explained if the Nickels property is a public use,, the dumpsters could go there. Commissioner McCray commented they could build more homes to fill up the neighborhood. There is a redevelop opportunity on the Rolling Green site. Vice Mayor Katz had an inquiry about the scrub parcel behind the baseball diamond at Galaxy Elementary School adjacent to 1-95. Ms. LaVerriere explained, staff would have to review it and was aware there are tortoises there. Commissioner Romelus asked about plans for Girl Scout Park. Mr. Groff explained there are restrictions on the property and staff has been approached by private companies to develop the park. He clarified the discussions were not just to develop the park, it was to develop a Trust to maintain the park. Staff started the ball rolling to determine interest to installing a passive park to fit the neighborhood. The Recreation and Parks Advisory Board tours the parks each year and establishes priority areas to address. Ms. LaVerriere explained there has been a lack of funding. Commissioner Romelus thought they could allocate Surtax funds for capital projects and wanted to see it developed. Mr. Groff advised staff will bring information back as they develop. Mr. Livergood pointed out there are park impact fees to assist and advised the Surtax funds have already been allocated for maintenance of existing land. Commissioner Romelus clarified she was referencing capital funds that would have been used for infrastructure that are now available due to the surtax funds. Ms. LaVerriere explained most of the capital funds were not available and that was why the work was not done. There is not a lot of money, but staff will review it and discuss it in the new budget year. Ms. LaVerriere explained there is a new member of the Greater Boynton Beach Foundation who lives in that area who is interested in fundraising opportunities and making improvements at Girl Scout Park. Commissioner Casello asked how many parks the City has. Wally Majors, Recreation and Parks Director, responded there are 29 developed and 7 undeveloped parks. He explained this discussion took place when the Department presented its Master Plan. The focus was to maintain what the City has and to take advantage of grants and partnerships to develop and maintain parks to alleviate the burden on the General Fund. He pointed out parks are there because the City is going to continue to grow. The Comprehensive Plan mandates the City set aside 2.5 acres per 1,000 residents for parks and the City is 29 Meeting Minutes City Commission Boynton Beach, Florida October 17, 2017 close to that level. Commissioner Casello asked if the City was in a positon to maintain its 29 parks properly. Mr. Livergood responded the City struggles with maintenance and was happy with the surtax. Commissioner Casello felt if the City cannot maintain the sites, it is land without a purpose. Mr. Livergood explained it is part of recreation. Commissioner McCray asked how much money in parks impact fees was available and learned it was about $500,000. Mr. Majors explained the funds are to be used for park development or improvements and the first place to look is the area where the impact fees from the development were collected. If there is no need for an improvement or a park in that area, then staff can look at parks with a district service area. He noted staff was making improvements at Barrier Free Park with the funds. Commissioner McCray wanted the amount and a copy of the Ordinance. Commissioner Casello explained the City was spending $1.3 million at Sara Sims Park and has no plan how to maintain it after they spend the funds. He favored maintaining parks to the highest standards and if they could not, they should not make the land a park. Mr. Livergood advised the Nickels Road, Leisureville, Rolling Green and the Galaxy Scrub area items will return to the Commission at different times. Commissioner Casello requested researching Meadows Park as well. B. Presentation of FY 17/18 Strategic Plan Initiatives by Trina Pulliam. This item was previously addressed. 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS A. PROPOSED RESOLUTION NO. R17-099 - Approve and authorize the First Amendment to the Homeless Resource Center Interlocal Agreement with Palm Beach County. Ms. LaVerriere explained the item is an Interlocal Agreement with the Homeless Resource Center, known as the Lewis Center, and the agreement addresses protocol when the City encounters a homeless person and transports them to the Center. She advised most homeless decline to go and the item is a housekeeping item. The City agrees to pay the cost of the transport and the amendment is to add language pertaining to the Inspector General and a discrimination clause. Commissioner McCray asked about panhandlers on the entrance ramp to 1-95. Jeff Katz, Police Chief, responded those individuals are often homeless and they are not supposed to panhandle on entrance and exit ramps on the Interstate. Commissioner McCray asked 30 Meeting Minutes City Commission Boynton Beach, Florida October 17, 2017 who cleans up after them as the City is trying to enhance its image and there are bags of trash. He noted City trucks ride by and he thought they should stop and pick up the trash. Mr. Livergood responded it is FDOT land and it is their responsibility to keep it clean. Mr. Livergood explained they do hire a contractor to go to exit ramps where people stop at the light and throw out garbage, but it is frustrating. The City has garbage collectors, not litter pickers. Picking up litter is a very time intensive task. Mayor Grant asked what recourse the City has to stop panhandlers. Chief Katz explained Officers can stop them, field interview them and in some instances arrest them, but it is a matter of resources and priorities. Mayor Grant suggested policing the situation between 4 p.m, and 6.p.m. and 7 a.m. and 9 a.m. Commissioner Casello saw a panhandler walking down the off -ramp from 1-95 off Gateway who was barefoot and dazed with a sign asking for food. He asked who to call to report him and was advised he could call the Police Department or *FHP. He had also noted another person on the overpass making zen- type moves and an officer drove by. Commissioner Casello was concerned and called to have someone check on the person. Motion Commissioner McCray moved to approve. Commissioner Casello seconded the motion. Vote The motion unanimously passed. C. Commissioner Casello has requested to discuss the possibility of adding a monthly report on the Red Light Camera program to the consent agenda. Commissioner Casello requested the City Commission receive a quarterly report on the expenses to be approved each quarter regarding the Red Light Camera program for the sake of transparency. He proposed the report detail what is occurring with the cameras, increases or decreases in accidents that occurred, and a breakdown of the revenues generated. The report will be put on the Consent Agenda. Mayor Grant was fine with a quarterly report. He noted the monies increased, but so did the population. He favored the report be given on a percentage basis and not a number basis. Chief Katz agreed. Commissioner McCray requested someone check on the red light by the school Mr. Garcia had mentioned and give him a report and thought there should .be a resolution to obtain a countdown timer. Chief Katz explained they would have to contact the County Engineer as the City has nothing to do with the timing of the lights. Mayor Grant clarified he wanted a traffic counter to advise individuals how much time pedestrians had to cross. Mr. Livergood approached the County and advised they are not in favor of the timers on their signals. Ms. LaVerriere had also been speaking with Mr. Garcia about the timer. Mayor Grant commented they would have to lobby the County Commission. 31 Meeting Minutes City Commission Boynton Beach, Florida October 17, 2017 Attorney Bridgeman explained the County controls the signals, but the timing of the traffic signals is set by the State. The reason why the County is hesitant to use the countdown timers on the signal is because how long the timing is for yellow and red often fluctuates and changes each year. Mayor Grant explained it is an expensive piece of equipment, but is something the City may be able to obtain. Mayor Grant asked if the City was working with the County controlling the traffic flow regarding Pirates Fest. The West Palm Beach police work well with the County Engineer to assist exiting attendees after an event, versus the Sheriff's office at the County Fairgrounds. Chief Katz replied they have a comprehensive plan to deal with a lot of issues related to traffic and safety. Commissioner Casello noted the State could change the timing of the lights and asked if the 15 Red Light Cameras, depending on traffic flow, are altered. Attorney Bridgeman explained it was not traffic flow that determines a light's duration. It is the speed limit on the road. The higher the speed limit, the longer the yellow light. Four years ago, the State changed it and Broward did not change their timing immediately. Some counties do not change them as quickly as they should and it is hard to keep track. It is important to ensure the vehicle has enough time to stop. Commissioner Casello thought there may be a correlation. Mayor Grant requested the Commission receive a copy of the Statute from Attorney Bridgeman. Commissioner Romelus wanted to know why Mr. Livergood was. opposed to the timers. Mr. Livergood explained he thought it was a human behavioral issue. The more they distract motorists and give them more things to watch, the more it impacted accident rates. Motorists do anything they can to game the system. As a professional engineer, he thought it was best to maintain national standards in the operation of traffic signals so there is consistency throughout the country. There was consensus for a quarterly report to be provided. 13. LEGAL A. 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: 1. HASAN CALISKAN, Plaintiff vs. CITY OF BOYNTON BEACH, Defendant — Case No. 50 2015 CA 008096XXXXMB Attorney Bridgeman read the above captioned case. Present at the meeting would be James Cherof, City Attorney; Tracy DeCarlo, Assistant City Attorney; Lori LaVerriere, City Manager; a court reporter; the Mayor and City Commission. About 30 minutes would be needed. She requested the shade session occur on November 7th, before the next City Commission, because the trial is scheduled to commence the following week. Mayor Grant noted they would have a meeting from 4 p.m. to at least 6:30 p.m. Dinner will be 32 Meeting Minutes City Commission Boynton Beach, Florida October 17, 2017 provided. The session will be held at the same time as the workshop. Ms. LaVerriere will apprise all of the meetings. 14. FUTURE AGENDA ITEMS A. 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 - November 7, 2017. B. Staff will prepare a list of legislative priorities for the 2018 legislative session for the Commission's input and approval. - November 7, 2017 C. Update from Boynton Beach Mental Health Committee by the Chair, Woodrow Hay — November 7, 2017. D. 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. - November 7, 2017 E. The Commission has requested for a representative of ATS attend a commission meeting to discuss possible additional features/services - TBD F. Staff to research possibility of allowing dogs at the beach during certain hours and bring back to Commission — TBD G. PROPOSED ORDINANCE NO. 17-021 - SECOND READING - 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. C ity-i n itiated. (First Reading approved 8115, Second Reading Pending Fl. Dept. of Economic Opportunity approval, which takes approximately 2 to 4 months.) PROPOSED ORDINANCE NO. 17-022 - SECOND READING - Amending Ordinance 02-013 to Rezone a Parcel of Land Described Herein and Commonly Referred to as Town Square From Public Usage (Pu); Recreation (Rec) And Multifamily (R-3) to Mixed Use 3 (Mu -3). Commissioner Romelus requested quarterly reports on the surtax be provided. Ms. LaVerriere responded the Surtax Committee meets once during the year and at the close of the year has an audit. Staff can provide a quarterly report including revenues to -date and projects underway or completed. Commissioner Romelus also wanted the City Commission to consider a Resolution in support of Senate Memorial 442 and House Memorial 263, which are memorials in 33 Meeting Minutes City Commission Boynton Beach, Florida October 17, 2017 support of extending temporary protected status for Haitian Americans living in the U.S. She noted there are about 58,000 Haitians impacted and January 22nd is the deadline when they have to return to Haiti. She advised the country is not yet ready to support them and they recently were impacted by the category four hurricane and a cholera outbreak. She requested support of the Resolution that the Florida Legislature is sending to the President. Commissioner Romelus will obtain a copy of it for the next agenda. 15. ADJOURNMENT Motion There being no further business to discuss, Commissioner Casello moved to adjourn. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. The meeting was adjourned at 10:07 p.m. (Continued on next page) 34 Meeting Minutes City Commission Boynton Beach, Florida ATTEST Judith A. Pyle, CMC City Clerk &,-�4 � ajj�& �jj) fu Catherine Cherry Minutes Specialist 35 October 17, 2017 CITY OF BOYNTON BEACH 43)- —//�- k� — : — Mayor''- Steven B. Grant Vice Commissioner--- K Ck McCra issior9t,- Christina Romelus ComrHissioner - Joe Casello DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Courtyard Gardens (MSPM 17 -007) APPLICANT: Joni Brinkman, Urban Design Kilday Associates 'Developmont Building ._ APPLICANT'S ADDRESS: 610 Clematis Street, CUO2, West Palm Beach, FL 33401 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 17, 2017 APPROVAL SOUGHT: Request for Major Site Plan Modification approval to construct a one -story, 51,258 square foot inpatient medical facility with memory care and related site improvements, located on the NW corner of S. Congress Avenue and N. Charter Drive, in the C -3 (Community Commercial) zoning district. LOCATION OF PROPERTY: 3005 South Congress Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant t,--HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "D" with notation "Included." 4. The Applicant's request is hereby y GRANTED subject to the conditions referenced in paragraph 3 above. — DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: / y Clerk 1 S: \Planning \SHARED \WP \PROJECTS \Courtyard Gardens\ MSPM17- 00700.doc EXHIBIT C Conditions of Approval Project Name: Courtyard Gardens File number: MSPM 17 -007 Reference: 31d review plans identified as a Manor Site Plan Modification with an August 16, 2017 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS /FORESTRY / UTILITIES Comments: 1. The applicant will be responsible for replacing all broken sidewalk along property's frontage of Congress Ave, Charter Drive and Palmland Drive. X 2. Please repair wall along property's frontage of Palmland Drive as necessary. X I 3. At time of permit submittal, please include an irrigation plan. X FIRE Comments: None, all previous comments addressed at DART meeting. POLICE Comments: None, all previous comments addressed at DART meeting. BUILDING DIVISION Comments: None, all previous comments addressed at DART meeting. PARKS AND RECREATION Comments: None PLANNING AND ZONING Comments: Courtyard Gardens (MSPM 17 -007) Conditions of Approval Page 2 of 2 DEPARTMENTS INCLUDE REJECT 4. It is the applicant's responsibility to ensure that the application requests are publicly advertised in accordance with Ordinance 04 -007 and Ordinance 05 -004, and an affidavit with attachments (ownership list, radius map, and copy of mailing labels) is required to be provided X to the City Clerk and Planning & Zoning one (1) week prior to the first public hearing. 5. On Sheet A1.1, the existing sign for the neighboring property, Manor Care, will require a sign easement in order to remain on this parcel X 6. Please be aware the public art component of the project must be sited where it is publicly accessible 24/7. Please contact Debby X Coles - Dobay, Public Arts Manager, for further information. COMMUNITY REDEVELOPMENT AGENCY Comments: N/A PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None. CITY COMMISSION CONDITIONS Comments. 7. Please provide two (2) EV charging stations as part of the public parking. X 8. The proposed generator shall have the capability of powering the entire facility operations during a power outage. X 9. The applicant acknowledges commitment to hire locally for both the construction of the facility and staff. X S: \Planning \SHARED \WP \PROJECTS \Courtyard Gardens - 3005 S. Congress \COA post CC.doc 0 L IP . IA I., GENERAL NOTE 1, ILI IN; L 9 5 L i s 4 i � � � � I � S L 5 r, — ; fIvli �.L L sa i, r, �_.. _ � ' � I- I, � �I � � �L � L L s. �, L I IS 1. L L 5 { �y �I -_'_ I I �t =�1 �i,. iEL L L 1 T � 1, '6 'L L L L L L Li -- ��, _ I��. v..i T� � II ` a 1 4, L S 1 i I call . . . . . . . . . . . I L — E — M =C-f LED FIXTURE CONCRES, VENLIF COMMUNITY PARK OF BOYNTON PEACH PHOTOVAETMcs Fwo FA V LA I I No o Ell s CONST. N.H. N0. S-4 E vn B 9 EXIST. M.H. TO REMAIN I E 6 x rulmm utOl I rlu..im IMne�BmVlo GENSi. M.H. 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FIRE LANE MARKINGS SHALL COMPLY WITH BOYNTON BEACH ENGINEERING DIVISION CONSTRUCTION STANDARDS & DETNIX, REFERENCE DETAIL G-10. 2. 'NO PARKING' SIGN SHALL BE 17 X I W (MINIMUK, LEI`TERI NG NOT LESS THAN 7 IN HEIGHT OR MORE THAN 3'. q iil SIGN MESSAGE SHALL STATE:' NO STOPPING, STANDING OR PARKING BY D �R ORDER OF THE FIRE MARSHALL ". 6:: LETTERING SHALL BE RED ON WHITE BACKGROUND. 3. WORDA DSYMBOLMARKNGSON iii PAVEMENTSHAUBEWHITEWITHG WIDE LETTERING. 4. IF CONCRETE OURS SEPARATES MSEDSIX" FROM FIRE LANE THEN CURB SHALL BE PANTED SWD T IJ YELLOW I N LIEU OF LINE STRI PING, ELEVAT'.ON DATUM IS 116- -1 CONVERSION: NAVD BB = N D - -NJD I-52 . 1 Sit -- 1 F�--D i I Ld li ----- - ---------- ------- --------------------------- -- ------------------------------ SITE LOCATION MAP ! LEGEND 6v UM yY GENERAL SIGNSTWPING NOTES: 1. FIRE LANE MARKINGS SHALL COMPLY WITH BOYNTON BEACH ENGINEERING DIVISION CONSTRUCTION STANDARDS & DETNIX, REFERENCE DETAIL G-10. 2. 'NO PARKING' SIGN SHALL BE 17 X I W (MINIMUK, LEI`TERI NG NOT LESS THAN 7 IN HEIGHT OR MORE THAN 3'. q iil SIGN MESSAGE SHALL STATE:' NO STOPPING, STANDING OR PARKING BY D �R ORDER OF THE FIRE MARSHALL ". 6:: LETTERING SHALL BE RED ON WHITE BACKGROUND. 3. WORDA DSYMBOLMARKNGSON iii PAVEMENTSHAUBEWHITEWITHG WIDE LETTERING. 4. IF CONCRETE OURS SEPARATES MSEDSIX" FROM FIRE LANE THEN CURB SHALL BE PANTED SWD T IJ YELLOW I N LIEU OF LINE STRI PING, ELEVAT'.ON DATUM IS 116- -1 CONVERSION: NAVD BB = N D - -NJD I-52 . 1 Sit -- 1 F�--D i I Ld Mm� I mks � €g na Oz on ce I E (2 Tree Root Barrier Detail Wd Small Shrub/Groundcover Shrub Pinft my T— P.--1 -° M=— sdv [4� Small Tree n _' 40 Plan ting and Staking t!) . ..... ........ I - SIGNED flHi 101} �m Urban Associates., 70:1611)791 4506 F. 1561) 7-0 PLANTING DETAILS SPECIFICATIONS T-1 TNT i. tl J�e WbN� In— SahaWk Construction, Inc. Wd Small Shrub/Groundcover Shrub Pinft my T— P.--1 -° M=— sdv [4� Small Tree n _' 40 Plan ting and Staking t!) . ..... ........ I - SIGNED flHi 101} �m Urban Associates., 70:1611)791 4506 F. 1561) 7-0 PLANTING DETAILS SPECIFICATIONS T-1 - - I + -- N T 0 0 0 t eahawk Construction, Inc. �'� 1. ,.A., FL I Urban Associates.. M71 Ma Rae B.YM- B-1, FL M43B PLANTING PLAN 1p Seaha k Constmdon, Inc. sp � E Urban Associaies.. efin,we nova Bo ynton B—, FL 33196 T.N9fi11 1.1- PLANTING PLAN ,� � � s� m,A pp-1 �arvcGr�aiuv c �ai,/,eszo , ae„maB. -u r� Seahawk Construction, Inc. TKlseil�iei ae.N Urban {associates... B67 , Abe fuss 6o W, Beach FL-36 iel:(BBi173A-0566 awc®t.bwlhnn wx.aelmkMS ®oaaa.+.mm TREE TRANSPLANTING PROCEDURES I. Seleetively trim the canopy remaving dead Ilmbs, cross branching over crown areas t lower undealrable Ivnbs. 2. Transplant trees s palm, Into ground using o a0 men tree space, waterlog In, braced and fvtlllzed. 3. Transport tree to Ita new 1—ter, corrying It vsrLically. b. Place Lroe In Its 41na1 pasltlon. Bockf111 w/ exbting .all, water, fertlllze w/ low Place en Pertlllzer, brace, mulch, spray 6 Irrigate by hand mthods. e YPatar dally for first Two weak, and every other day for at least lour months or as needed based an weather candltlons or survival. Adequate water must be ,upplled by Owner /General Contractor to Irma tree and palm survival. T. Relacatod Tree. shall be warranted same as row tree,. TREE MOVER NOT55: I. Tree movere Hill call Surmhlne State ow-Call Center Par publlc l lacatlons_. A minimum — Inedullng time of 12 hours Is r.aluVed Por this service. T. owner Is r sp mlble for locating s werbeptic A other privately owned underground line, If appllccble. 2. Tree mover to set up a temporary obese ground Irrigation apt — Owner/General Contractor to abtaln a temparar GI�y water comeetlon wlthln 100' of relocated tree. and pa I—. 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E "fill(U F: 9 ci y EXTERIOR ELEVATION - NORTH Ki EXTERIOR p. �o� '� unllll��llllll ELEVATIONS 1 ' liol ail o' m m o m�m-'o Tm o L EXTERIOR ELEVATION - SOUTH A2.2 ,architects y tiR 611 t I l 2 • MINI �. 3 t � % �� i` � 1 {4 na.aw HUH �„ow w.. � ,og m� 11 0 -jourr !pmow p C a oil ON On MUM IE a RVIMPSTER ENCLO WIRE DETAIL -1 p -nP I� _� � 1 "1 .III i� i City of Boynton Beach Development Department Ispensary Regulationj NAII ATA -Moll Andrew P. Mack, P.E. Director of Development Email: Macka@bbfl.us Phone: 561.742.6374 Purpose • To establish regulations for marijuana -dispensing facilities in the interest of the public health, safety and general. • To ensure a supply to patients who qualify to obtain, possess, and consume medical marijuana permissible under state law. State Preemptions • 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. • City may not charge a fee in an amount greater than the fee charge pharmacies. • Cannot be located within 500 feet of a elementary, middle, or secondary school unless City approves location through formal proceeding. 1� State Preemptions • 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. • City may not charge a fee in an amount greater than the fee charge pharmacies. • Cannot be located within 500 feet of a elementary, middle, or secondary school unless City approves location through formal proceeding. Definition • A facility, operated by a Medical Marijuana Treatment Center (MMTC) in accordance with the Florida Department of Health that dispenses medical marijuana to qualified patients or caregivers. • A medical marijuana dispensing facility does not prepare, transfer, cultivate or process any form of marijuana or marijuana product. Commercial Mired -Use Industrial _ IJ Wto P= Permitted d 0 C = Conditional A = Accessory CO\IAIERICAL Retail Sales Medical Marijuana P P P P P PP P P P P P P 15 I 2 17 17 17 17 17 17 Dispensary 57 57 57 57 27 57 57 57 57 57 57 57 57 57 P P P P P P P P P Pharmacy R Drug Store 1 2 P P P P 17 17 17 17 17 17 15 57 57 57 57 27 57 57 57 57 57 57 57 57 57 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. Proposed & Existing Matrix Notes 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 -1, MU -2, and MU -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. Proposed & Existing Matrix Notes 57. Pharmacy, Drug Store and Medical Marijuana Dispensary All Districts. • No more than 15% of prescriptions sold within 30 days can be Schedule II controlled substances F.S. 893.03. Pharmacies and Dru Stores staffed b a ( � ). g y licensed pharmacist and present during all hours pharmacy open for business. • A medical marijuana dis ensin facility ay not be located within five hundred 500feet of the real property that comprises a public or private elementary school, middle schoo , or secondary school. 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. Questions City of Boynton Beach FY 18 Strategic Planning October 2017 Better to Brilliant 10/11/ Where we started: Task Lists r�.:Voving from Bettor to Brilliant ► The FY15 Strategic Plan (Sumek Associates) contained 156 tasks to be completed ► In FY 16 Strategic Plan contained 17 tasks to be completed 10/11/2017 2 What we've done: The Big Shift ® Beginning with FY17 Strategic Planning Cycle, the City shifted from "tasks" to "strategic initiatives" ® This allowed the city to spend time, energy and funding on work that helps achieve the mission and vision r; from Better to Brilliant 10/11/2017 3 What we are doing now: 4 Overarching Initiatives it. The FY18, the City shows yet another cycle of improvement and determines 4 major initiatives under which all work is aligned ► Redevelop Downtown ► Build Wealth in the Community ► Boynton Beach Branding ► Transportation and Mobility Inns-"n.ion;. '.a",ing fro -n Better `c Brilliant 10/11/2017 4 .Where we are going® Department Level Departments are examining their work plans for alignment with the 4 initiatives ® With the help of David Scott, the departments are determining measures that matter - selecting what metrics help us understand the success of the work ni, .•. ors. `..ovmi trap Better to Brilliant 10/11/2017 5 What's next: Data Collection ► During FY18, departments will collect data and turn it into information ► Working toward Data Driven Decision Making ,,I;_r ,,A fnoin BeUert^Br pant 10/11/2017