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Agenda 10-19-10 Searchable The City of Boynton Beach Boynton Beach 100 E. Boynton Beach Boulevard ● (561) 742-6000 TUESDAY, OCTOBER 19, 2010 6:30 PM FINAL AGENDA City Commission AGENDA Jose Rodriguez Mayor – At Large Marlene Ross Vice Mayor – District IV William Orlove Commissioner – District I Woodrow Hay Commissioner – District II Steven Holzman Commissioner – District III Kurt Bressner City Manager James Cherof City Attorney Janet M. Prainito City Clerk Visit our Web site www.boynton–beach.org We’re Reinventing City Living for The Millennium WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT CITY OF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action.  Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group.  Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda.  Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue.  Public Hearings: Any citizen may speak on an official agenda item under the section entitled “Public Hearings.”  Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission – Time Limit – Three (3) Minutes  Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, presentations and first reading of Ordinances – Time Limit – Three (3) minutes ADDRESSING THE COMMISSION: When addressing the Commission, please step up to either podium and state, for the record, your name and address. DECORUM: Any person who disputes the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over-ruled by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule – some meetings have been moved due to Holidays/Election Day). 2 of 342 1. OPENINGS A. Call to order - Mayor Jose Rodriguez B. Invocation by Rabbi Michael Simon of Temple Beth Kodesh C. Pledge of Allegiance to the Flag led by Commissioner Orlove D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. OTHER A. Informational Items by Members of the City Commission 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Proclaim October 21, 2010 as Lights on After School Day, for national awareness of afterschool programs by Prime Time Palm Beach County. Mary Swinford, Prime Time Community Resource Director, will receive the Proclamation. 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) 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Approve the proposed Veterans' monuments, at Veterans Bicentennial Park, commemorating "Lady Veterans", "Black Veterans", and the "442nd Regimental Team", as funding permits. Also, approve the proposed Expansion of the Memorial Brick Area at Veterans Bicentennial Park PROPOSED RESOLUTION NO. R10-151 B. - Approve the acceptance of the Edward Byrne Memorial Justice Assistance Grant Program (JAG) in the amount of $67,395. 3 of 342 PROPOSED RESOLUTION NO. R10-152 C. - Approve amendment to the Youth Violence Prevention Program (YVPP) agreements to provide additional dollars to the Service Providers who will continue to offer programs at the Boynton Beach Youth Empowerment Center (YEC) through December 31, 2010. PROPOSED RESOLUTION NO. R10-153 D. - Approve a restated Three-Year Lease Agreement for City Library Café. PROPOSED RESOLUTION NO. R10-154 E. - Authorizing the City's application and participation in the Employed Worker's Training (EWT) program, a Subsidized Training Program funded by the American Recovery and Reinvestment Act of 2009 (ARRA), through an agreement with Workforce Alliance, Inc. PROPOSED RESOLUTION NO. R10-155 F. - Approve an amendment to the contract due to two change orders requested by Burke Construction Group, Inc. in the amount of $9,499.55 for installation of additional sidewalk and landscaping as part of the Boat Club Park renovation. The revised contract amount will be $285,807.34. Bid# 065- 2730-09/CJD. G. Approve the Minutes from the City Commission meeting held on October 5, 2010. 7. BIDS AND PURCHASES OVER $100,000 A. Motion to approve the piggyback off of State Contract # 863-000-10-1 for the purchase of new tires from Easy Pay Tires for the City's fleet for an approximate total cost of $150,000 for fiscal year 2010/11 8. CODE COMPLIANCE & 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 The Slomin Family Center (NWSP 10-005) new site plan to construct a private school campus with a daycare, community center, and clinic for individuals and families affected by autism, on a 4.59-acre parcel in the C-3 zoning district. Applicant: Sannlor Properties, LLC B. Approve Clear Wireless at Monteverde Condominiums (COUS 10-004) conditional use request for stealth rooftop antennas and related telecommunications equipment on top of an existing multi-family residential building (Monteverde Condominiums) in Renaissance Commons. Applicant: Brian Plewinski, Civil Solutions, Inc. C. Approve LDR Re-write (CDRV 07-004) draft changes to previously presented Chapters 1, 3, and 4 of the Land Development Regulations Rewrite project regarding in part, definitions, general provisions and zoning districts, and various development 4 of 342 standards. The Planning and Development Board reviewed the request for the Land Development Regulations (CDRV 07-004) on September 28, 2010 and forwards it with a recommendation for approval. Applicant: City initiated PROPOSED ORDINANCE NO. 10-026 - FIRST READING D. - Approve Pain Management Clinics (CDRV 10-007) code review to amend the Land Development Regulations to include restrictions on the direct dispensing of certain pain medications and references to new state laws applicable to the approval and operation of pain clinics, pain management clinics and other uses that dispense pain medications. Applicant: City initiated. PROPOSED ORDINANCE NO. 10-027 - FIRST READING - Approve Pain Management Clinics (CDRV 10-007) code review to amend the Land Development Regulations to include a definition, and operational requirements applicable to pharmacies and drug stores in connection with the warranted control over the dispensing of certain pain medications by pain clinics, pain management clinics and other uses that dispense pain medications. Applicant: City initiated. 10. CITY MANAGER’S REPORT A. Review and discuss supplemental property tax impact study as prepared by City staff. B. Approve negotiation of a contract under CCNA guidelines with REG Architects, staff's #1 ranked firm as a result of RFQ 068-1210-10/TH for "Historic High School Redevelopment Services". C. Consideration of the allocation of funding to purchase five (5) properties located on S.W.1st and 2nd Avenues, and N.W. 3rd Street. 11. UNFINISHED BUSINESS None 12. NEW BUSINESS None 13. LEGAL PROPOSED ORDINANCE NO. 10-028 - FIRST READING A. - Approve amending Article II, Chapter 18 of the Boynton Beach Code of Ordinances, entitled "Employees' Pension Plan" 14. FUTURE AGENDA ITEMS A. Conduit debt for the Charter School of Boynton Beach - October 19, 2010 B. Police Complex -- Discussion of project timing, scope, location and funding alternatives available (TBA) 5 of 342 C. Noise Control Ordinance - First Reading - TABLED ON July 20, 2010 and August 3, 2010 - (TBD) D. Live Entertainment Ordinance - First Reading - TABLED ON July 20, 2010 and August 3, 2010 - (TBD) E. Geographic boundaries for City of Boynton Beach voting districts - (TBD) F. Appoint members to 7-member independent Community Redevelopment Agency Board (TABLED ON 09/21/10 and 10/05/10) - 01/18/11 15. ADJOURNMENT NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CITY CLERK'S OFFICE (561) 742-6060 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CITY'S WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE CITY'S WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. 6 of 342 3. A ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS October 19, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 19, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Proclaim October 21, 2010 as Lights on After School EQUESTED CTION BY ITY OMMISSION Day, for national awareness of afterschool programs by Prime Time Palm Beach County. Mary Swinford, Prime Time Community Resource Director, will receive the Proclamation. ER: On Thursday, October 21, 2010, Prime Time Palm Beach County XPLANATION OF EQUEST th will host its 6 Annual Lights on Afterschool Palm Beach County rally from 10:00 a.m. – 12:00 noon. The event is part of a national awareness initiative of the Afterschool Alliance, a national advocacy organization, and will be celebrated nationwide. Prime Time Palm Beach County is a non-profit, intermediary organization dedicated to ensuring that afterschool and summer programs in Palm Beach County are of the high quality. The organization provides resources and technical assistance to program providers. H? This Proclamation will help raise public OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES awareness of afterschool and summer programs and their importance to the community. FI: None ISCAL MPACT A: Not permit presentation of the Proclamation. LTERNATIVES 7 of 342 P R O C L A M A T I O N The Citizens of Boynton Beach stand firmly committed to quality afterschool programs and opportunities because they provide safe, challenging, engaging and fun learning experiences to help children and youth develop social, emotional, physical, cultural and academic skills. The programs support working families by ensuring their children are safe and productive after the regular school day ends. It builds strong communities by involving students, parents, business leaders and adult volunteers in the lives of young people, thereby promoting positive relationships among children, youth, families and adults; engage families, schools and diverse community partners in advancing the welfare of our children. In support of its mission as an intermediary to ensure that afterschool programs are of high quality in th terms of delivery, practice and standards, Prime Time Palm Beach County, Inc. will celebrate its 6 Annual Lights on Afterschool Palm Beach County event on October 21, 2010. A national celebration of afterschool programs, Lights On Afterschool promotes the critical importance of quality afterschool programs in the lives of children, their families and their communities. More than 28 million children in the U.S. have parents who work outside the home, and over 15 million children have no place to go after school. Many afterschool programs across the country are facing funding shortfalls so severe that they are being forced to close their doors and turn off their lights. Now, therefore, I, Jose Rodriguez, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim October 21, 2010, as Lights On Afterschool Day and urge all citizens to support innovative afterschool programs and activities that ensure that our children are engaged in positive and productive activities. In witness whereof, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 19th day of October, Two Thousand and Ten. _________________________________ Jose Rodriguez, Mayor ATTEST: City of Boynton Beach ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 8 of 342 5. A ADMINISTRATIVE October 19, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 19, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Appoint eligible members of the community to serve in EQUESTED CTION BY ITY OMMISSION vacant positions on City advisory boards. ER: The attached list contains the names of those who have applied for XPLANATION OF EQUEST vacancies on the various Advisory Boards. A list of vacancies is provided with the designated Commission member having responsibility for the appointment to fill each vacancy. H? Appointments are necessary to keep our OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Advisory Boards full and operating as effectively as possible. FI: None ISCAL MPACT A: Allow vacancies to remain unfilled. LTERNATIVES 9 of 342 10 of 342 11 of 342 6. A CONSENT AGENDA October 19, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 5, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve the proposed Veterans' monuments, at Veterans EQUESTED CTION BY ITY OMMISSION nd Bicentennial Park, commemorating "Lady Veterans", "Black Veterans", and the "442 Regimental Team", as funding permits. Also, approve the proposed Expansion of the Memorial Brick Area at Veterans Bicentennial Park ER: The Boynton Veterans’ Council is offering to fund these monuments, and XPLANATION OF EQUEST Memorial Brick Area expansion, to be placed at the Veterans Bicentennial Park. The Boynton Veterans Advisory Commission voted on September 8, 2010 to recommend that the City Commission accept these monuments, and Memorial Brick Area expansion, for placement at Veterans Bicentennial Park. All costs are to be borne by the Boynton Veterans’ Council, as funding permits. H? Recreation & Parks Department will be OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES authorized to site the monuments as there are other monuments located within the Park. The Boynton Veterans’ Council will be required to provide signed and sealed drawings of the foundations which will need to be submitted to the Permitting offices for approval. The Boynton Veterans’ Council will also be required to provide signed and sealed reports from an engineer affirming that the monuments will withstand the required wind load, which must be submitted in conjunction with the foundation permit applications. These requirements have been noted to and accepted by a duly authorized representative of the Boynton Veterans’ Council. FI: The Boynton Veterans’ Council has agreed to fund these projects at no cost to the ISCAL MPACT City, as funding permits. A: Reject the offer of the Boynton Veterans’ Council. LTERNATIVES 12 of 342 13 of 342 14 of 342 15 of 342 6. B CONSENT AGENDA October 19, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 19, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R10-151 - Approve the EQUESTED CTION BY ITY OMMISSION acceptance of the Edward Byrne Memorial Justice Assistance Grant Program (JAG) in the amount of $67,395. ER: Approve the acceptance of the Edward Byrne Memorial Justice XPLANATION OF EQUEST Assistance Grant Program (JAG) . Our agency was awarded $67,395 (award # 2010-DJ-BX-1353) on 09/09/10. The funds have been allocated towards our Holiday Deployment Operation and the purchasing of laptop computers. H? The Police Department has utilized this OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES grant with great success over the past several years to enhance the performance of the Uniform & Support Services Division. A portion of the JAG funds are used to supplement our Holiday Deployment Operation which focuses on high profile crime prevention. This allows officers to provide extra police presence during the holiday shopping season in an area we call the “Congress Avenue Corridor.” The Congress Avenue Corridor is comprised of over 500 businesses and includes the Boynton Beach Mall. In addition our agency would like to utilize a portion of the awarded JAG funds to purchase laptop computers. Officers rely on these computers to conduct their everyday duties such as report writing, maps, receives calls of service and conduct histories on residence/person(s), etc. These laptops will cover the replacement of existing laptops that are currently out of warranty. In addition to using obsolete technology that can not keep up with current application requirements, it is no longer cost effective to repair some of these computers we are currently using. FI: By accepting this award, the police department will receive $67,395 to improve ISCAL MPACT our operations and better serve the community. 16 of 342 A: Do not accept the grant award. LTERNATIVES 17 of 342 RESOLUTION NO. R10-____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM (JAG) IN THE AMOUNT OF $67,395 ALLOCATED FOR THE HOLIDAY DEPLOYMENT OPERATION AND THE PURCHASE OF LAPTOP COMPUTERS; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE SAID AWARD; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach Police Department applied for and has been awarded a grant from the Edward Byrne Memorial Justice Assistance Grant Program; and WHEREAS, the grant is in the amount of $67,395; and WHEREAS, a portion of the JAG funds will be used to supplement the Holiday Deployment Operation to provide extra police presence during the holiday shopping season in the area known as the Congress Avenue Corridor; and WHEREAS, in addition, a portion of the JAG funds will be used to purchase laptops for officers who rely on these computers everyday for report writing, maps, calls of service, etc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach hereby accepts and authorizes and directs the Mayor and City Clerk to execute the Grant from the U.S. Department of Justice Edward Byrne Memorial Justice Assistance Grant Program in the amount of $67,395, a copy of the agreement is attached hereto as Exhibit “A.” Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of October, 2010. CITY OF BOYNTON BEACH, FLORIDA 18 of 342 ______________________________ Mayor – Jose Rodriguez _______________________________ Vice Mayor – Marlene Ross _______________________________ Commissioner – William Orlove ________________________________ Commissioner – Woodrow L. Hay _______________________________ Commissioner – Steven Holzman ATTEST: _____________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 19 of 342 20 of 342 21 of 342 22 of 342 23 of 342 24 of 342 25 of 342 26 of 342 27 of 342 28 of 342 29 of 342 30 of 342 6. C CONSENT AGENDA October 19, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 19, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R10-152 - Approve EQUESTED CTION BY ITY OMMISSION amendment to the Youth Violence Prevention Program (YVPP) agreements to provide additional dollars to the Service Providers who will continue to offer programs at the Boynton Beach Youth Empowerment Center (YEC) through December 31, 2010. ER: On September 21, 2010, the City Commission approved the First XPLANATION OF EQUEST Amendment to the Interlocal Agreement between the City and the Board of County Commissioners to continue implementation of the Youth Violence Prevention Program through December 31, 2010 and to extend the Service Provider agreements for the same time period. The County has received approval from the Florida Department of Law Enforcement to reallocate existing unspent grant funds to provide additional dollars for the Service Providers who will offer programs at the Boynton Beach YEC through December 31, 2010. H? The total grant awarded to the City for OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES $279,900 remains the same; however the City’s agreement with the Service Providers needs to be amended to be able to pay them the additional dollars. The amendments are as follows: Current New Provider Amount Increase Amount RM Lee $30,000 $5,712 $35,712 Hooked on Fishing, Not on Drugs $13,300 $2,400 $15,700 AIM – Graphic Design $10,600 $1,200 $11,800 Success Teen $5,000 $1,800 $6,800 FI: No financial impact to the City of Boynton Beach; the dollars being reallocated ISCAL MPACT are 100% grant funded. 31 of 342 A: Not approve the Service Provider agreement amendments, which would result LTERNATIVES in the programs above not being offered at the Youth Empowerment Center. 32 of 342 RESOLUTION R10- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE A SECOND ADDENDUMS TO YOUTH EMPOWERMENT CENTER SERVICES AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA, AND RM LEE COMMUNITY DEVELOPMENT CENTER, INC., RICHARD BROCHU, TEVIS GARDENHIRE AND KAYLA LUNDY FOR ADDITIONAL UNSPENT GRANT FUNDING FOR SERVICE PROVIDERS WHO WILL OFFER PROGRAMS THROUGH DECEMBER 31, 2010; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach has entered into an agreement with the Board of County Commissioners, Palm Beach County, Florida for the concept of developing a Youth Empowerment Center to curtail violent and criminal behavior by providing holistic activities geared toward improving the livelihood of the participants; and WHEREAS , on September 21, 2010 the City Commission approved the first Amendments to the Interlocal Agreement between the City of Boynton Beach and the Service Proviers to continue implementation of the Youth Violence Prevention Program through December 31, 2010; and WHEREAS , the County has received approval from the Florida Department of Law Enforcement to reallocate existing unspent grant funds to provide additional dollars for the Service Providers who will offer programs at the Boynton Beach Youth Empowerment Center through December 31, 2010. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve and authorize the City Manager and City Clerk to execute four (4) seperate second Addendums to Youth Empowerment Center Services Agreement with RM Lee Community Development Center, Inc., Richard Brochu, Facilitator for Hooked on Fishing Not on Drugs, Tevis Gardenhire, Facilitator for Art is Motivation and Kayla Lundy, Facilitator for Success Teens, to provide additional unspent grant funds to 33 of 342 the Service Providers who will continue to offer programs at the Boynton Beach Youth Empowerment Center through December 31, 2010, copies of the four (4) separate Second Addendum to Service Agreements are attached hereto and made a part hereof as Composite Exhibit “A” Section 3. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this ___ day of October, 2010. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove ______________________________ Commissioner – Woodrow L. Hay ______________________________ ATTEST: Commissioner – Steven Holzman _____________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 34 of 342 SECOND ADDENDUM TO SERVICES AGREEMENT FOR Youth Empowerment Center This Second Addendum shall take effect on signature by both parties. THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, hereinafter referred to as "CITY", and RM Lee, Community Development Center, Inc., with an address of 900 N. Seacrest Blvd., Boynton Beach, FL 33435, hereinafter referred to as "PROVIDER". WITNESSETH: 1.The Agreement between the CITY and the PROVIDER approved by the City Commission on June 1, 2010, via Resolution R10-69 is amended as set forth below. 2.All other terms and conditions of the Agreement not specifically amended shall remain in full force and effect for the balance of the term of the agreement. In consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, CITY and DEVELOPER agree as follows: 2.1 Contract Amount. In consideration of the satisfactory performance of the Services by Provider, and the performance by Provider of all of its other duties and obligations as set forth in this Agreement, Provider shall be entitled to reimbursement in an amount not to exceed $35,712 (“Contract Amount”) based on the fees set forth in Exhibit “A” attached hereto. The Contract Amount shall be the sole amount reimbursed to Provider in connection with the rendition of the Services and the performance of any and all of its other obligations hereunder and shall include any out-of-pocket or other expenses, including travel expenses, incurred by Provider. Payment to the Provider by the City is contingent upon reimbursement from the County in accordance with the terms of the Interlocal Agreement 35 of 342 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY BY:____________________________ Kurt Bressner, City Manager ATTEST: APPROVED AS TO FORM: ___________________ __________________________ Janet M. Prainito, MMC James A. Cherof, City Attorney City Clerk STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared Kurt Bressner, as City Manager of the City of Boynton Beach, Florida, and acknowledged he executed the foregoing Agreement for the use and purposes mentioned in it, and that the instrument is his act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this ___ day of _______ 2010. _____________________________ NOTARY PUBLIC My Commission Expires: 36 of 342 WITNESSES: RM Lee Community Development Center, Inc _________________ BY:__________________________ ______________________ _________________ (Print Name) STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared ____________________, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it, and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this ___ day of _______ 2010. _______________________________ NOTARY PUBLIC My Commission Expires: 37 of 342 SECOND ADDENDUM TO SERVICES AGREEMENT FOR Youth Empowerment Center This Second Addendum shall take effect on signature by both parties. THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, hereinafter referred to as "CITY", and Richard Brochu, Facilitator for Hooked on Fishing Not on Drugs, with an address of 7067 Peninsular Court, Lake Worth, FL 33467, hereinafter referred to as "PROVIDER". WITNESSETH: 3.The Agreement between the CITY and the PROVIDER approved by the City Commission on June 1, 2010, via Resolution R10-68 is amended as set forth below. 4.All other terms and conditions of the Agreement not specifically amended shall remain in full force and effect for the balance of the term of the agreement. In consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, CITY and DEVELOPER agree as follows: 2.1 Contract Amount. In consideration of the satisfactory performance of the Services by Provider, and the performance by Provider of all of its other duties and obligations as set forth in this Agreement, Provider shall be entitled to reimbursement in an amount not to exceed $15,700 (“Contract Amount”) based on the fees set forth in Exhibit “A” attached hereto. The Contract Amount shall be the sole amount reimbursed to Provider in connection with the rendition of the Services and the performance of any and all of its other obligations hereunder and shall include any out-of-pocket or other expenses, including travel expenses, incurred by Provider. Payment to the Provider by the City is contingent upon reimbursement from the County in accordance with the terms of the Interlocal Agreement 38 of 342 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY BY:____________________________ Kurt Bressner, City Manager ATTEST: APPROVED AS TO FORM: ___________________ __________________________ Janet M. Prainito, MMC James A. Cherof, City Attorney City Clerk STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared Kurt Bressner, as City Manager of the City of Boynton Beach, Florida, and acknowledged he executed the foregoing Agreement for the use and purposes mentioned in it, and that the instrument is his act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this ___ day of _______ 2010. _____________________________ NOTARY PUBLIC My Commission Expires: 39 of 342 WITNESSES: _________________ BY:__________________________ Richard Brochu, Facilitator for _________________ Hooked on Fishing Not on Drugs STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared ____________________, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it, and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this ___ day of _______ 2010. _______________________________ NOTARY PUBLIC My Commission Expires: 40 of 342 SECOND ADDENDUM TO SERVICES AGREEMENT FOR Youth Empowerment Center This Second Addendum shall take effect on signature by both parties. THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, hereinafter referred to as "CITY", and Tevis Gardenhire, Facilitator for Art is Motivation (AIM), with an address of 1118 S. Monterey Circle, Boynton Beach, FL 33436, hereinafter referred to as "PROVIDER". WITNESSETH: 5.The Agreement between the CITY and the PROVIDER approved by the City Commission on June 1, 2010, via Resolution R10-65 is amended as set forth below. 6.All other terms and conditions of the Agreement not specifically amended shall remain in full force and effect for the balance of the term of the agreement. In consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, CITY and DEVELOPER agree as follows: 2.1 Contract Amount. In consideration of the satisfactory performance of the Services by Provider, and the performance by Provider of all of its other duties and obligations as set forth in this Agreement, Provider shall be entitled to reimbursement in an amount not to exceed $31,800 (“Contract Amount”) based on the fees set forth in Exhibit “A” attached hereto. The Contract Amount shall be the sole amount reimbursed to Provider in connection with the rendition of the Services and the performance of any and all of its other obligations hereunder and shall include any out-of-pocket or other expenses, including travel expenses, incurred by Provider. Payment to the Provider by the City is contingent upon reimbursement from the County in accordance with the terms of the Interlocal Agreement 41 of 342 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY BY:____________________________ Kurt Bressner, City Manager ATTEST: APPROVED AS TO FORM: ___________________ __________________________ Janet M. Prainito, MMC James A. Cherof, City Attorney City Clerk STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared Kurt Bressner, as City Manager of the City of Boynton Beach, Florida, and acknowledged he executed the foregoing Agreement for the use and purposes mentioned in it, and that the instrument is his act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this ___ day of _______ 2010. _____________________________ NOTARY PUBLIC My Commission Expires: 42 of 342 WITNESSES: _________________ BY:__________________________ Tevis Gardenhire, Facilitator _________________ Art is Motivation STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared ____________________, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it, and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this ___ day of _______ 2010. _______________________________ NOTARY PUBLIC My Commission Expires: 43 of 342 SECOND ADDENDUM TO SERVICES AGREEMENT FOR Youth Empowerment Center This Second Addendum shall take effect on signature by both parties. THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, hereinafter referred to as "CITY", and th Kayla Lundy, facilitator for Success Teens, with an address of 1695 W. 26 St., Riviera Beach, FL 33404, hereinafter referred to as "PROVIDER". WITNESSETH: 7.The Agreement between the CITY and the PROVIDER approved by the City Commission on June 1, 2010, via Resolution R10-70 is amended as set forth below. 8.All other terms and conditions of the Agreement not specifically amended shall remain in full force and effect for the balance of the term of the agreement. In consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, CITY and DEVELOPER agree as follows: 2.1 Contract Amount. In consideration of the satisfactory performance of the Services by Provider, and the performance by Provider of all of its other duties and obligations as set forth in this Agreement, Provider shall be entitled to reimbursement in an amount not to exceed $6,800 (“Contract Amount”) based on the fees set forth in Exhibit “A” attached hereto. The Contract Amount shall be the sole amount reimbursed to Provider in connection with the rendition of the Services and the performance of any and all of its other obligations hereunder and shall include any out-of-pocket or other expenses, including travel expenses, incurred by Provider. Payment to the Provider by the City is contingent upon reimbursement from the County in accordance with the terms of the Interlocal Agreement 44 of 342 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY BY:____________________________ Kurt Bressner, City Manager ATTEST: APPROVED AS TO FORM: ___________________ __________________________ Janet M. Prainito, MMC James A. Cherof, City Attorney City Clerk STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared Kurt Bressner, as City Manager of the City of Boynton Beach, Florida, and acknowledged he executed the foregoing Agreement for the use and purposes mentioned in it, and that the instrument is his act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this ___ day of _______ 2010. _____________________________ NOTARY PUBLIC My Commission Expires: 45 of 342 WITNESSES: _________________ BY:__________________________ Kayla Lundy, Facilitator for Success Teens _________________ STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared ____________________, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it, and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this ___ day of _______ 2010. _______________________________ NOTARY PUBLIC My Commission Expires: 46 of 342 6. D CONSENT AGENDA October 19, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 19, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R10-153 - Approve a EQUESTED CTION BY ITY OMMISSION restated Three-Year Lease Agreement for City Library Café. ER: On September 14, 2009, the City Commission approved XPLANATION OF EQUEST Resolution R09-136 granting a Three Year Lease to Ellie’s Catering, Inc., (now B&J Catering, Inc.) for the concession operation at the City Library Café since they were the only respondent to the City’s Request for Qualifications. Actual operation of the café did not commence until late February, 2010. Since then, the tenant is experiencing low traffic at the café and the anticipated revenue is significantly below what was anticipated when the concession was awarded. As a result, monthly lease payments are late and unable to be paid in full. Staff met with the tenant and both parties agree that new payment terms of the Lease are needed to provide an opportunity for the tenant to build the business and be successful in this location. The tenant requests modification of the Lease to reduce the monthly rent as reflected in the Restated “Three-Year Lease Agreement Concession Operations at Boynton Beach City Library Café” attached hereto. The Restated Lease provides for reduced monthly lease payments over the three (3) year initial term of the Lease that commenced in April 2010 as noted in the following comparison. 47 of 342 Original LeaseRestated Lease Lease Lease MonthTotalMonthTotal PaymentPayment 1-6$ 1,000$ 6,0001-6$ 500$ 3,000 7-12$ 1,700$ 10,2007-12$ 500$ 3,000 13-24$ 1,800$ 21,60013-24$ 1,000$ 12,000 25-36$ 1,900$ 22,80025-36$ 1,500$ 18,000 Plus 5% Annually Thereafter$ 60,600No Annual Increase$ 36,000 H? Without a rent adjustment, it is likely that OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES the tenant will not be able to successfully perform the concession services and that service would be discontinued until an alternate concessionaire is awarded use of the facility. FI: The anticipated revenue to the City would be decreased by $24,600 (40.6%) ISCAL MPACT under the terms of the restated Lease for the initial three (3) year term. A: LTERNATIVES 1. Terminate the Lease in its entirety and re-evaluate the viability of operating a Library Café. 2. Deny the request for lease modification and hold the tenant to the express terms and conditions of the Lease. 3. Approve a lease modification, but with financial terms different than proposed. 48 of 342 RESOLUTION NO. R10 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A RESTATED THREE YEAR LEASE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND B & J CATERING, INC., (F/K/A ELLIE’S CATERING, INC.), FOR THE CONCESSION OPERATIONS AT THE CITY LIBRARY CAFE; PROVIDING AN EFFECTIVE DATE. WHEREAS, on September 14, 2009 the City Commission approved a Three Year Lease with Ellie’s Catering, Inc., for Concession Operations at the Boynton Beach Library Café; and WHEREAS , due to low traffic at the café, the anticipated revenue is significantly below what was anticipated when the concession was awarded; and WHEREAS , City staff met with the tenant to discuss new payment terms of the Lease in order to provide an opportunity for the tenant to build the business and be successful in this location; and WHEREAS , staff is recommending the City Commission approve the execution of the Restated Three Year Lease Agreement between the City of Boynton Beach and B & J Catering, Inc., (f/k/a Ellie’s Catering, Inc.) for the concession operation at the City Library Café. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach hereby approves and authorizes the City Manager to execute the Restated Three Year Lease Agreement for Concession Operations at the Boynton Beach City Library Café between the City of Boynton Beach and B & J Catering, Inc., a copy of which is attached hereto as Exhibit “A”. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of October, 2010. 49 of 342 CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez _______________________________ Vice Mayor – Marlene Ross _______________________________ Commissioner – William Orlove ________________________________ Commissioner – Woodrow L. Hay _______________________________ Commissioner – Steven Holzman ATTEST: _____________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 50 of 342 RESTATED “ THREE-YEAR LEASE AGREEMENT CONCESSION OPERATIONS AT BOYNTON BEACH CITY LIBRARY CAFE” LOCATED AT 208 SOUTH SEACREST BOULEVARD, BOYNTON BEACH, FLORIDA THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as “the B&J CATERING INC. City”, andhereinafter referred to as “the Concessionaire”, in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Concessionaire is retained by the City to perform the concession THREE-YEAR LEASE FOR CONCESSION operations in connection with the project designated “ OPERATIONS AT BOYNTON BEACH CITY LIBRARY CAFE” LOCATED AT 208 SOUTH SEACREST BOULEVARD, BOYNTON BEACH, FLORIDA 2. SCOPE OF SERVICES. Concessionaire agrees to perform the services, identified in Exhibit “A” attached hereto, including the provision of all labor, materials, equipment and supplies. 3. LEASEHOLD PREMISES. The City agrees to lease to Concessionaire a portion of the designated City facility located at the Boynton Beach City Library and more particularly described as “Library Café”, located within Boynton Beach City Library, is a café area of approximately seven hundred ninety-two (792) square feet; as well as up to one hundred sixty-one (160) square feet of storage space to be determined by the Library Director. The space is designated as the “Library Cafe”, and is owned by the City of Boynton Beach, Florida and operated for the selling of food and beverages for library patrons.” 4. TERM OF LEASE. Work under this contract shall commence upon the giving of written notice by the City to the Concessionaire to proceed. This lease agreement shall be in force for a period of three (3) years, unless sooner terminated as provided in Section 14, Termination. This lease shall commence April1, 2010. 5. PAYMENT. The Concessionaire shall pay the City the lease payment as outlined below over the term of the lease agreement. Term Year (Months) Lease Payment 1…………………. 0-12……………… $ 500 2…………………. 13-24……………… $1,000 3…………………. 25-36………………. $1,500 st a. Said payment shall be made and received by the City on or before the 1 day of each and every th month. A late fee of 15% will be charged for payments received after the 5 day of each month. Any th monthly payment not received by the 25 day of each month shall be subject to a 15% late fee and shall be grounds for termination of this agreement. b. Concessionaire will keep accurate records of all sales and receipts through the use of electronic cash registers, which provide daily tapes and reports. The Concessionaire will prepare a monthly report to the Library Director. The City will have the right to inspect the books, records and inventories of the 51 of 342 th Concessionaire at any reasonable time. Monthly reports shall be due on the 5 day of each month to the Library Director. c. Final payment of any balance due the City of the total contract price will be made promptly upon its ascertainment and verification by the City after the completion of concession services under this agreement and its acceptance by the City. d. Security deposit of $1,000.00 which has been made by Concessionaire at time of award will be returned to Concessionaire at the end of the term, without interest, after determination that the Concessionaire has fulfilled all terms of the lease and left the premises in adequate condition, as determined by the Library Director. e. The Concessionaire’s records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after final payments. Copies shall be made available upon request. 6. COMPLIANCE WITH LAWS. Concessionaire shall, in performing the services contemplated by this service agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. 7. INDEMNIFICATION. Concessionaire shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Concessionaire’s own employees, or damage to property occasioned by a negligent act, omission or failure of the Concessionaire. 8. INSURANCE. The Concessionaire shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of $1,000,000. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. 9. INDEPENDENT CONTRACTOR. The Concessionaire and the City agree that the Concessionaire is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Concessionaire nor any employee of Concessionaire shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Concessionaire, or any employee of Concessionaire. 10. COVENANT AGAINST CONTINGENT FEES. The Concessionaire warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Concessionaire, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Concessionaire, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. 52 of 342 For breach or violation of this warranty, the City shall have the right to annul this agreement without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. . DISCRIMINATION PROHIBITED. THE CONCESSIONAIRE, WITH REGARD TO THE 11 WORK PERFORMED BY IT UNDER THIS AGREEMENT, WILL NOT DISCRIMINATE ON THE GROUNDS OF RACE, COLOR, NATIONAL ORIGIN, RELIGION, CREED, AGE, SEX OR THE PRESENCE OF ANY PHYSICAL OR SENSORY HANDICAP IN THE SELECTION AND RETENTION OF EMPLOYEES OR PROCUREMENT OF MATERIALS OR SUPPLIES. 12. ASSIGNMENT. The Concessionaire shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. 13. NON-WAIVER. Waiver by the City of any provision of this agreement or any time limitation provided for in this agreement shall not constitute a waiver of any other provision. 14. TERMINATION a. The City reserves the right to terminate this agreement at any time by giving ten (10) days written notice to the Concessionaire. b. In the event of the death of a member, partner or officer of the Concessionaire, or any of its supervisory personnel assigned to the project, the surviving members of the Concessionaire hereby agree to complete the work under the terms of this agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this agreement between surviving members of the Concessionaire and the City, if the City so chooses. c. This lease agreement may be terminated immediately for default of monthly payment as stated in Section 4, “Term of Lease”. d. This lease agreement may, at the option of the City, be terminated immediately if the Concessionaire shall become insolvent or bankrupt, make an assignment for the benefit of creditors or be convicted of a crime or any other similar gross misconduct. 15. RENEWAL. The lease agreement has an option to renew the contract for two (2) additional two (2) year periods as stated in original proposal submitted, subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City, at the City’s sole discretion. 16. DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be adjudicated within the courts of Florida. Further, this agreement shall be construed under Florida Law. 17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach Attention: City Manager 100 E. Boynton Beach Boulevard Boynton Beach, FL 33435 53 of 342 Notices to Concessionaire shall be sent to the following address: B & J Catering, Inc. th 1470 SW 8 Street Boynton Beach, FL 33426 Attn: James Guilbeault 18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Concessionaire and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Concessionaire. DATED this _____ day of ________________________, 2010. CITY OF BOYNTON BEACH B & J CATERING INC. _________________________________ __________________________________ Kurt Bressner, City Manager James J. Guilbeault Attest/Authenticated: __________________________________ President _________________________________ (Corporate Seal) Janet M. Prainito, MMC, City Clerk Approved as to Form: Attest/Authenticated: _________________________________ __________________________________ Office of the City Attorney Secretary Rev. 1/22/91 10/5/10 54 of 342 S:\CA\AGMTS\Library Cafe Lease with Ellie's Restated.doc EXHIBIT “A” SCOPE OF SERVICES Concessionaire: 1. Concessionaire shall pay a monthly lease payment to the City for the three years. Upon renewal; the lease payment will be negotiable. 2. Concessionaire shall submit a sample written menu with proposal to include the brand name of the product being offered and a detailed description of the item. 3. Concessionaire shall provide all working capital, operating equipment, and inventory necessary to effectively manage the concession. 4. The City will pay for all electric bills for the Library Café up to $250.00 dollars per month. Concessionaire will be responsible for payment of electric bills related to the concessionaire’s operation in excess of $250.00 per month. A separate metering device will be provided by the City and bills will be based on usage and existing electric rates for the City Library. The average electric bill is being estimated at 250.00/month. 5. The City reserves the right, or any organization granted powers as their agent, to sell food and beverages for special community event programs of short duration as scheduled by the City. A short duration is defined as one (1) to three (3) days. 6. The City shall not operate any competing concessions at Boynton Beach City Library without the Concessionaire’s approval, or without the Concessionaire having the first option as to additional operations. 7. The Concessionaire will sell food and beverages as allowed by the City of Boynton Beach for the exclusive use by residents and visitors to the Boynton Beach City Library. 8.Concessionaire may offer non-consumables for sale. Non-consumables may include, but are not limited to books, newspapers, and novelty items; however, the City of Boynton reserves the right to have the final approval of such items. No alcohol or tobacco products shall be offered for sale. 9. The Library may request Concessionaire to offer the sale of t-shirts, hats, and other merchandise fashioned with the Library logo. These items will be inventoried by the City and all proceeds from their sale will be paid to the City in addition to the monthly lease payment. 10. City shall not be responsible for any goods or equipment stored at the concession nor will it be responsible for damage resulting from a power failure, flood, fire, theft, vandalism, explosion and/or other causes. 11. The City reserves the right to inspect premises at any time. 55 of 342 12. The Concessionaire shall keep accurate records of all sales and receipts through the use of electronic cash registers which provide daily tapes and reports. The Concessionaire will prepare a monthly report to the City and attach copies of the daily tapes of each report; report will be due the 5th of st each month although the lease payment is due the 1 of each month. The City shall have the right to inspect the books, records and inventories of the Concessionaire at any reasonable time. 13. At time of award, the Concessionaire shall file with Library Director, a $1,000 security deposit, refundable at the end of the term, without interest, after determination that the Concessionaire has fulfilled all terms of the lease and left the premises in adequate condition, as determined by the Recreation Director. 14. The Concessionaire shall not alter the character, structure, interior decoration or surfaces of the premises with out the prior consent of the City in writing. 15. The Concessionaire shall furnish and install at its own expense all necessary telephone, cable/satellite, and auxiliary equipment, and pay all costs incurred from said telephone and cable/satellite equipment. Food Products: 1. All foods, drinks, beverages, confectionery, refreshments, and the like sold or kept for sale, shall be FIRST QUALITY of and conform in all respects to the federal, state, and municipal food and other laws, ordinances, and regulations. 2. No imitation, adulterated, or misbranded article shall be sold or kept for sale, and all products kept on hand shall be stored and handled with due regard for sanitation. Leftover perishable products shall not be sold at any time. 3. Concessionaire shall utilize Branded Products (i.e. Barney’s Coffee, Pepsi, Coca Cola, etc.). 4. The Concessionaire will be responsible for the purchase, inventory and security of all food products offered for sale in the concession. 5. The Concessionaire shall arrange for the delivery of supplies used at the concession site at times and in a manner so that such deliveries do not create congestion or undue interference with regular operation and maintenance of the site. 6. Items sold by the Concessionaire are restricted by the City of Boynton Beach as follows: Deep fat frying is not permitted :  Bagels  Muffins  Condiments for Bagels  Prepackaged sandwiches  Prepackaged Salads with Prepackaged Dressing  Prepackaged potato chips, peanuts, etc.  Candy  Pizza  Prepackaged bakery goods  Ice cream, ice cream bars, and other dairy products 56 of 342  Soft drinks, coffee, and tea 7.City shall reserve the right to “taste test” all menu items to ensure quality. 8. City shall have the final approval on what menu items are used. Approval will not be unreasonably withheld. 9. The Concessionaire will be responsible for pest control. : Equipment 1. The City will provide essential equipment for the operation of the café. An inventory of essential equipment provided by the City is attached hereto in EXHIBIT “B”. Concessionaire will responsible to provide all other concession equipment that is required to operate and maintain the café. Equipment may include, but is not limited to microwave/convection oven combo, soup warmers, coffee brewer, tea brewer, toaster; conveyor type, soft serve ice cream machine, paper napkin dispensers, cash registers, credit card machines, and/or cleaning equipment. 2. The Concessionaire will be responsible for maintenance and repair of all City owned equipment located in the café, further defined and listed in EXHIBIT “B” attached hereto. 3. All concession sales will utilize disposable plates, cups and cutlery. : Signage/Advertising 1. Signs, advertising materials, posters, and other such material used by the Concessionaire shall be subject to the approval of the Library Director. : Hours and Dates of Operations 1. The Concessionaire shall be open for operations a minimum of five (5) days per week with the following schedule: Monday thru Thursday, 9:00 a.m. to 6:00 p.m. and Saturday 9:00 a.m. to 5:00 p.m. The Concessionaire at its discretion will be allowed to expand hours of operation subject to prior approval from the Library Director. Approval will not be unreasonably withheld. Total available hours are subject to the regulations of the City of Boynton Beach. Exact time of opening and closing may have variations if approved by the Library Director. : Security 1. The Concessionaire will coordinate with Library Director to ensure that operation of the café does not interfere or circumvent the safe and secure operation of the Library. 2. The Concessionaire and all its employees will be required to obtain proper identification from the City of Boynton Beach Police Department and will be required to wear id at all times : Outdoor Seating 1. The Concessionaire at its discretion will be allowed to have outdoor seating. The Concessionaire will be responsible to provide all seating and required to obtain any permits from the appropriate 57 of 342 governing agency. City shall have the final approval on number seats, type of seating, storage and use of seating, and location of outdoor seating. Approval will not be unreasonably withheld. 2. The Concessionaire will be responsible for setting up, storing, and maintaining all outdoor seating. : Concession Personnel 1. The Concessionaire will provide, supervise, and compensate all concession employees. The staff will be employees of the Concessionaire, not the City. The Concessionaire shall at all times be an independent contractor and the agreement shall not in any way create or form a partnership or joint venture with the City. No agent, servant, or employee of the Concessionaire shall under any circumstances be deemed an agent, servant, or employee of the City. 2. Concessionaire must conduct regularly scheduled training sessions throughout the year, as approved by the City, for all personnel. At a minimum, the training will consist of Customer Service skills training. Documentation of training shall be sent to the Library Director. 3. Consumption of alcoholic beverages, smoking, and use of any tobacco products is prohibited inside the Boynton Beach City Library buildings including the café area. 4. Concessionaire’s staff shall be at all times neatly and cleanly dressed. 5. Vendor shall provide a list of employees to the city and provide proof that employer has conducted a background check with the State of Florida Department of Law Enforcement and the results of the background check for each employee who will be working at the concession stand. City shall retain the right to prohibit an employee from working at the concession stand based on the results of the background check. 6. Concessionaire shall employ only competent personnel to perform concession services. In the event the City, in its sole discretion, at any time during the term of this lease agreement, desires the removal of any person or persons employed by Concessionaire to perform concession services pursuant to this lease agreement, Concessionaire shall remove any such person immediately upon receiving notice from the City of the desire of the City for the removal of such person or persons. 7. Concessionaire shall maintain copies of Material Safety Data Sheets (MSDS’s) for all of the products used in the performance of the contract on the premises. The MSDS’s shall be accessible to the Concessionaire’s employees and to City employees for the purpose of reference with regard to toxic and hazardous properties, precautions to take and what to do in case of an emergency. : Sanitation 1. Concessionaire will be responsible for bringing their trash and garbage to the designated dumpster or recycling areas. 2. The Concessionaire shall maintain the premises in a clean and tenantable condition and will make every effort to assist the City in keeping the area free from debris and litter. 3. Concessionaire is responsible for complying with all recycling rules, regulations, and laws of the City and/or appropriate governmental bodies. 58 of 342 Term of Contract : 1. The lease agreement shall be for a period of three (3) years with an option to renew for two (2) additional two (2) year periods, subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. st 2. Monthly payment to City shall be due the first (1) of each month. Any monthly payment not th received by the 5 of the month shall be subject to a 15% late fee. Any monthly payment not th received by the 25 of the month shall be subject to a 15% late fee and shall be grounds for termination of contract. 3. The City reserves the right to terminate lease agreement thirty (30) days after delivery of written notice of such termination and reason(s) for the lease termination. 4. This lease agreement may, at the option of the City, be terminated immediately if the Concessionaire shall become insolvent or bankrupt, make an assignment for the benefit of creditors or be convicted of a crime or any other similar gross misconduct. EXHIBIT “B” 59 of 342 INVENTORY OF EQUIPMENT 60 of 342 61 of 342 6. E CONSENT AGENDA October 19, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 19, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R10-154 - Authorizing EQUESTED CTION BY ITY OMMISSION the City's application and participation in the Employed Worker's Training (EWT) program, a Subsidized Training Program funded by the American Recovery and Reinvestment Act of 2009 (ARRA), through an agreement with Workforce Alliance, Inc. ER: Workforce Alliance, Inc. received stimulus funding via a pass- XPLANATION OF EQUEST through award from the Florida Workforce Innovation. The grant program provides 90% reimbursement of eligible training costs. This grant program, unlike past training grant awards from the Workforce Alliance, Inc., has many new requirements, limiting the opportunities for participation. These are detailed in the attached Employed Worker Training Vendor Agreement. Fortunately, the Recreation & Parks Department Child Care Director’s Certification training meets the eligibility criteria. H? The Recreation & Parks Department OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES operates two licensed afterschool programs for youth ages 5 – 12 years old. These programs and sites are licensed Child Care facilities. The Department of Children & Families (DCF) requires staff to obtain and maintain certifications to remain in compliance with the City’s Child Care license. In September, the individual with the Child Care Director’s certificate resigned from the City, leaving the afterschool programs without a Certified Director. At the risk of losing their license and closing the afterschool programs leaving over 140 families without care, the Recreation & Parks Department is requiring all related staff to obtain his/her Child Care Director’s Certification. There are seven individuals who require training to obtain a certification essential to his/her job functions. The $5,000 training was not budgeted for, as the resignation of the employees was unforeseen. This additional, unanticipated expense is a hardship on the department’s budget. 62 of 342 FI: To be awarded EWT funding, the total employer contribution must be at least ISCAL MPACT 50% of the total training cost. The cash match of $1,030.00 for the training will be taken from the Recreation and Parks Department Revenue Account Other Contractual Services #172- 2712-572-49-17. The staff wages and benefits while in the training program will provide an in- kind match of $2,940.80, to meet the total employer contribution of 50%. A: Not apply for the grant, and require the Recreation & Parks Department to pay LTERNATIVES for 100% of the certification training. 63 of 342 RESOLUTION NO. R 10- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE EXECUTION BY THE MAYOR AND CITY CLERK OF AN EMPLOYED WORKER TRAINING PROGRAM GRANT APPLICATION AND EMPLOYED WORKER TRAINING VENDOR AGREEMENT WITH WORKFORCE ALLIANCE FOR JOB TRAINING AT THE CITY OF BOYNTON BEACH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS , by entering into this Agreement staff at the City’s Child Care center will obtain a certification essential to his/her job functions; and WHEREAS , upon recommendation of staff, the City Commission has determined that it is in the best interests of the citizens and residents of the City to approve and authorize the execution by the Mayor and City Clerk of a Community Service & Work Experience Program Agreement with Workforce Alliance for job training at the City of Boynton Beach. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve and authorize execution by the Mayor and City Clerk of a Employed Worker Training Program Grant Application and Employed Worker Training Vendor Agreement with Workforce Alliance for the job training of seven child care center workers at the City of Boynton Beach, a copy of which is attached hereto as Exhibit “A”. Section 3. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this _____ day of October, 2010. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ 64 of 342 Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove _______________________________ Commissioner – Woodrow L. Hay _______________________________ Commissioner – Steven Holzman ATTEST: _________________________ Janet M. Prainito, MMC City Clerk (City Seal) 65 of 342 66 of 342 67 of 342 68 of 342 69 of 342 70 of 342 71 of 342 72 of 342 73 of 342 74 of 342 75 of 342 6. F CONSENT AGENDA October 19, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 19, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R10-155 - Approve an EQUESTED CTION BY ITY OMMISSION amendment to the contract due to two change orders requested by Burke Construction Group, Inc. in the amount of $9,499.55 for installation of additional sidewalk and landscaping as part of the Boat Club Park renovation. The revised contract amount will be $285,807.34. Bid# 065-2730-09/CJD. ER: Additional sidewalk construction is necessary due to a field adjustment of XPLANATION OF EQUEST the new sidewalk where it met the existing one. The joint where the sidewalks met created a “lip” making it impossible for use by wheelchairs, thus not in keeping with the Americans with Disabilities Act requirements. A field order for adjustment of plants is necessary because previous adjustments in the building and ramping plans had changed the planting areas. H? The change orders are necessary to meet ADA OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES requirements and for appropriate landscaping. FI: The change orders are in the amount of $9,499.55. The funds are available in ISCAL MPACT Account # 302-4108-580-60-01 CP 0418. These funds are completely reimbursable from a grant from Palm Beach County specifically for the purpose of construction of the restroom, pavilions and associated improvements at 100% funding up to $380,000. We are well under that not-to-exceed amount. No City funds are used for this project. A: Not to approve the Change Order. LTERNATIVES 76 of 342 RESOLUTION NO. R10- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING CHANGE ORDER 6 AND 7 WITH BURKE CONSTRUCTION GROUP, INC., FOR INSTALLATION OF ADDITIONAL SIDEWALK AND LANDSCAPING AS PART OF BOAT CLUB PARK RENOVATIONS (BID #065-2730-09/CJD); APPROVING AN ADDENDUM INCREASING THE CONTRACT AMOUNT BY $9,499.55 FOR A TOTAL PROJECT CONSTRUCTION COSTS OF $285,807.34; AND . PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Boynton Beach has reviewed Change Orders 6 and 7 requested by Burke Construction Group, Inc., for installation of additional sidewalk and landscaping as part of Boat Club Park renovation in the amount of $9,499.55 and has determined that the contract changes set forth therein are both necessary and appropriate. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT : Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby authorize execution of Change Orders 6 and 7 requested by Burke Construction Group, Inc., for installation of additional sidewalk and landscaping as part of Boat Club Park renovation in the amount of $9,499.55, a copy of the Change Orders are attached hereto as Composite Exhibit “A”. Section 3. The City Commission of the City of Boynton Beach, Florida does hereby approve and authorize execution by the City Manager and City Clerk of the Addendum to Contract for Construction Services between the City of Boynton Beach and Burke Construction Group, Inc., to increase the Contract amount from $220,900.00 to $285,807.34 for installation of additional sidewalk and landscaping as part of Boat Club Park renovation, a copy of which Addendum is attached hereto as Exhibit “B”. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of October, 2010. 77 of 342 CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove _______________________________ Commissioner – Woodrow L. Hay _______________________________ Commissioner – Steven Holzman ATTEST: _____________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 78 of 342 ADDENDUM TO CONTRACT FOR CONSTRUCTIONS SERVICES This Addendum shall take effect on signature by both parties. THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, hereinafter referred to as "CITY", and BURKE CONSTRUCTION GROUP, INC., a Florida Corporation, hereinafter referred to as "CONSULTANT". WITNESSETH: 9.The Contract between the CITY and the CONSULTANT entered into the 20th day of October, 2009, is amended as set forth below. 10.All other terms and conditions of the Contract not specifically amended shall remain in full force and effect for the balance of the term of the Contract. In consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, CITY and CONSULTANT agree as follows: 1.1.6 The total contract amount is amended from $220,900.00 for a final project total of $285,807.34. 79 of 342 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY BY:____________________________ Kurt Bressner, City Manager ATTEST: APPROVED AS TO FORM: ___________________ __________________________ Janet M. Prainito, MMC James A. Cherof, City Attorney City Clerk STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared Kurt Bressner, as City Manager of the City of Boynton Beach, Florida, and acknowledged he executed the foregoing Agreement for the use and purposes mentioned in it, and that the instrument is his act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this ___ day of _______ 2010. _____________________________ NOTARY PUBLIC My Commission Expires: 80 of 342 BURKE CONSTRUCTION GROUP, INC. WITNESSES: _________________ BY:__________________________ _______________________ _________________ (Print Name) STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared ____________________, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it, and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this ___ day of _______ 2010. _______________________________ NOTARY PUBLIC My Commission Expires: 81 of 342 82 of 342 83 of 342 6. G CONSENT AGENDA October 19, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 19, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve the Minutes from the City Commission meeting EQUESTED CTION BY ITY OMMISSION held on October 5, 2010. The City Commission met on October 5, 2010 and minutes were prepared from the notes taken at the meeting by the Deputy City Clerk. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. H? A permanent record of the actions taken OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES by the City Commission will be maintained as a permanent record. FI: N/A ISCAL MPACT A: N/A LTERNATIVES 84 of 342 85 of 342 86 of 342 87 of 342 88 of 342 89 of 342 90 of 342 91 of 342 92 of 342 93 of 342 94 of 342 95 of 342 96 of 342 97 of 342 98 of 342 99 of 342 100 of 342 101 of 342 102 of 342 7. A BIDS AND PURCHASES OVER $100,000 October 19, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 19, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Motion to approve the piggyback off of State Contract # EQUESTED CTION BY ITY OMMISSION 863-000-10-1 for the purchase of new tires from Easy Pay Tires for the City's fleet for an approximate total cost of $150,000 for fiscal year 2010/11 ER: The City has utilized the State of Florida Contract for several years XPLANATION OF EQUEST and found it to be the most cost effective due to the volume that the State purchases. In addition, Easy Pay Tires is a local Boynton Beach supplier. H? New tires are purchased for the City’s OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES fleet for replacement on an “As needed” basis and for safety concerns. FI: $150,000 ISCAL MPACT Budget Account Number 502-0000-141-0100 (Warehouse Inventory) A: Obtain quotes for every tire purchased. Not recommended. LTERNATIVES 103 of 342 104 of 342 105 of 342 106 of 342 107 of 342 108 of 342 109 of 342 110 of 342 111 of 342 112 of 342 113 of 342 114 of 342 115 of 342 116 of 342 117 of 342 118 of 342 119 of 342 120 of 342 121 of 342 122 of 342 123 of 342 124 of 342 125 of 342 126 of 342 127 of 342 128 of 342 129 of 342 130 of 342 131 of 342 132 of 342 133 of 342 134 of 342 135 of 342 136 of 342 137 of 342 138 of 342 139 of 342 140 of 342 141 of 342 142 of 342 143 of 342 144 of 342 145 of 342 146 of 342 147 of 342 148 of 342 149 of 342 150 of 342 151 of 342 152 of 342 153 of 342 154 of 342 155 of 342 156 of 342 157 of 342 158 of 342 159 of 342 160 of 342 161 of 342 162 of 342 163 of 342 164 of 342 165 of 342 166 of 342 167 of 342 168 of 342 169 of 342 170 of 342 171 of 342 172 of 342 173 of 342 174 of 342 175 of 342 176 of 342 177 of 342 178 of 342 179 of 342 180 of 342 181 of 342 182 of 342 183 of 342 184 of 342 185 of 342 186 of 342 187 of 342 188 of 342 189 of 342 190 of 342 191 of 342 192 of 342 193 of 342 194 of 342 195 of 342 196 of 342 197 of 342 198 of 342 199 of 342 200 of 342 201 of 342 202 of 342 203 of 342 9. A PUBLIC HEARING October 19, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: OCTOBER 19, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve The Slomin Family Center (NWSP 10-005) new EQUESTED CTION BY ITY OMMISSION site plan to construct a private school campus with a daycare, community center, and clinic for individuals and families affected by autism, on a 4.59-acre parcel in the C-3 zoning district. Applicant: Sannlor Properties, LLC Request site plan approval for Sannlor Properties LLC to construct a Explanation of Request: private school campus of approximately 50,000 square feet with a daycare, community center, and clinic for individuals and families affected by autism, on a 4.59-acre parcel in the C-3 zoning district. The Slomin Family Center will be a nationally recognized campus serving as a coordination point for the County with a task force of local organizations helping to mobilize around the needs of those experiencing autism and related disabilities. Staff has reviewed this request for new site plan approval and recommends approval, subject to satisfaction of all comments indicted in Exhibit “C” – Conditions of Approval. The Technical Application Review Team (TART) recommends that the deficiencies identified in this exhibit be corrected on the set of plans submitted for building permit. Also, any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. The Planning & Development Board reviewed this request and forwards to the Commission with a recommendation for approval, subject to staff’s recommended conditions. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT 204 of 342 A: Not approve subject request LTERNATIVES 205 of 342 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 10-058 TO: Chair and Members Planning & Development Board THRU: Michael Rumpf Director of Planning and Zoning FROM: Kathleen Zeitler Planner II DATE: September 20, 2010 PROJECT: Slomin Family Center / NWSP 10-005 REQUEST: New Site Plan approval to construct a private school campus with a daycare, community center, and clinic for individuals and families affected by autism, on a 4.59 acre parcel in the C-3 zoning district. ___________________________ PROJECT DESCRIPTION Property Owner: Sannlor Properties, LLC / Sandra C. Slomin, Managing Member Applicant: Sannlor Properties, LLC / Sandra C. Slomin, Managing Member Agent: Steven Bugay, DEMA Architecture Location: 3005 South Congress Avenue (see Exhibit “A” – Site Location Map) Existing Land Use/Zoning: Local Retail Commercial (LRC) / Community Commercial (C-3) Proposed Land Use/Zoning: Local Retail Commercial (LRC) / Community Commercial (C-3) Proposed Uses: Private School, Daycare, Community Center, and Clinic Acreage: 4.59 acres (200,277 square feet) Adjacent Uses: North: Manorcare Nursing Home on 4.4 acres zoned C-3; South: Right-of-way of Charter Drive North; then farther south, the City’s South Congress Avenue Community Park (tennis center and future barrier-free accessible playground) on 20 acres zoned Recreation (REC); 206 of 342 East: Right-of-way of South Congress Avenue; then farther east, Lawson Industrial Park with the nearest parcels containing a self-storage facility (United Storage) on 1.35 acres zoned Light Industrial (M-1); and, an automatic car wash (Sparkle Clean) on 0.88 acre zoned M-1; and, West: Right-of-way of Palmland Drive; then farther west, Chanteclair Villas Condominiums zoned Multi-family Residential (R-3). PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject site plan were mailed a notice of this request and its respective hearing dates. The applicant has certified that signage is posted and notices mailed in accordance with Ordinance No. 04-007. BACKGROUND Site Features: The subject property consists of 4.59 acres with approximately 325 feet of frontage on South Congress Avenue to the east, approximately 564 feet of frontage on Charter Drive North to the south, and approximately 325 feet of frontage on Palmland Drive to the west. The subject property is comprised of Tract B, a portion of the plat of Manor Care (Plat Book 54, Pages 106-107). All existing structures on site from the previous nursing home use have been demolished. Proposal: Mr. Steven Bugay, agent for the property owner, is seeking new site plan approval to construct a private school consisting of approximately 50,000 square feet of building area on 4.59 acres in the C-3 zoning district. According to their website, the Slomin Family Center will be a nationally recognized campus that promotes full participation in school, home, and community for individuals with Autism Spectrum Disorder and their families in an environment crafted to invite exploration and social experiences. The proposed campus will house The Sandra C. Slomin Family Center for Autism and Related Disabilities that will provide a full array of medical, therapeutic, personal services, and social programming for the students who attend the school. The center will serve as a coordination point for the County, with a task force of local organizations helping to mobilize around the needs of those experiencing autism and related disabilities. The Slomin Family Center will provide educational and family services to the community for both children with autism spectrum disorders and their siblings. The Center includes a daycare facility of 5,616 square feet, a clinic, and a private school facility for grades elementary through high school (K-12) of 17,379 square feet, ultimately serving a total of 500 students. Phase one, totaling approximately 30,000 square feet would include children from daycare through elementary school with an outdoor pool, a gymnasium, cafeteria, and various clinical offices. A small salon and a 4-seat dental clinic are also proposed. Phase two, totaling approximately 20,000 square feet would include additional elementary classrooms, middle and high school classrooms, as well as science rooms and an additional cafeteria. The proposed construction timeline indicates a groundbreaking in January, 2011 with the campus opening with therapeutic and community and family-centered services in January, 2013 and the private school opening later in 2013. Project build-out is planned for 2015. 207 of 342 All construction will be in conformance with the Florida Building Code, the State of Florida requirements for Educational Facilities, and the Florida Safe School Design Guidelines. The proposed project will include many sustainable development LEED (Leadership in Energy and Environmental Design) features with the goal of obtaining Silver level certification (see details under Building and Site in Analysis section below). ANALYSIS Concurrency: Traffic: A traffic impact statement for the project was sent to the Palm Beach County Traffic Division for concurrency review in order to ensure an adequate level of service. The traffic analysis for the proposed school indicates the project would generate a total of 795 net trips per day, 352 net A.M. peak hour trips and 58 net P.M. peak hour trips at project build-out in 2015. The required traffic concurrency for this project was approved by the Palm Beach County Traffic Division on September 15, 2010 with a build-out year of 2015. School: School concurrency is not required for this type of project. Utilities: The City’s water capacity, as increased through the purchase of up to five (5) million gallons of potable water per day from Palm Beach County Utilities, would meet the projected potable water for this project. Sufficient sanitary sewer and wastewater treatment capacity is also currently available to serve the project. Police/Fire: Police has reviewed the site plan and all comments have been addressed. Fire Rescue expects to be able to provide an adequate level of service for this project with current or expected infrastructure and/or staffing levels. Further plan review by Police and Fire will occur during the building permit process. Drainage: Conceptual drainage information was provided for the City’s review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. Access: The subject property is located at the northwest corner of South Congress Avenue and Charter Drive North.Vehicular ingress/egress is proposed from a two (2)-way access drive on Charter Drive North that connects to the off-street parking lot in front of the proposed school. The proposed general traffic flow for the subject school will be ingress from the easternmost driveway on Charter Drive North with counter-clockwise movement around the parking lot to the main building entrance where there would be a drop-off and pick-up area for the students. According to the traffic impact analysis submitted, the proposed site configuration will allow approximately 49 cars to queue on site. To minimize traffic conflicts during peak times, employees would help facilitate traffic flow on-site and at the main access drive. In addition, the hours of the school will be staggered for each program. 208 of 342 The easternmost median in Charter Drive North will be modified to allow an improved turning radius. For improved traffic control during peak times, access from the existing shared driveway north of the subject property will be temporarily blocked with cones and used for emergency access only. A separate bus stacking area is proposed on the south side of the school to minimize any potential conflict between autos and buses. The westernmost driveway on Charter Drive North will be used exclusively for bus ingress into a two (2)-lane drive that includes a bypass lane on the south side of the school, with bus egress from the main driveway. Parking: The project proposes a total of 53,292 square feet of enclosed gross building area, including mezzanines.The site plan depicts parking spaces located east of the school fronting South Congress Avenue. Current parking requirements for elementary and middle schools require one (1) parking space per 500 square feet of classroom floor area, and high school and vocational school require one (1) parking space per 100 square feet of classroom floor area. The proposed revisions to the school parking requirements of the Land Development Regulations are more restrictive, being based on gross floor area rather than classroom floor area. The site plan indicates a total of 106 parking spaces are required and 118 parking spaces are provided, including five (5) handicap accessible spaces, based on the more restrictive gross floor area provision. In addition, approximately 28 parking spaces with stabilized sod along the east perimeter of the parking lot would serve as overflow parking for special events. According to the Traffic Impact Statement submitted, sufficient vehicle stacking is provided on site and vehicular circulation is designed so that cars dropping off students can wrap around the parking lot, and not interfere with traffic flow on the adjacent roadway. The Engineering Division is recommending conditions of approval requiring a future traffic study and possible traffic improvements to the intersection of South Congress Avenue and Charter Drive North (see Exhibit “C” – Conditions of Approval) if warranted by the study or based on observed deficiencies. The 90-degree parking stalls, excluding the handicap space, would be dimensioned nine and one-half (9 ½) feet in width and 18 and one-half (18 ½) feet in length and include continuous curbing. All proposed parking stalls, including the size and location of the handicap space, were reviewed and approved by both the Engineering Division and Building Division. In addition, all necessary traffic control signage and permanent markings will be provided to clearly delineate areas on site and direction of circulation. Landscaping: The site plan indicates that 26% of the site would be pervious consisting of landscaped and open space areas. The site and landscape plans show the planted landscape strip on a berm along the east property line adjacent to South Congress Avenue. Along the west property line adjacent to Palmland Drive and residential uses existing palms will remain and be included within a landscape buffer that includes an existing six (6) 209 of 342 foot masonry buffer wall. Landscape buffers along the north and south property lines would screen vehicular use areas, including the bus loop. Several existing trees will be removed and mitigated. The proposed landscaping provides a complimentary mix of large existing trees to remain such as Green Buttonwood and Washingtonia Palms, along with proposed canopy trees such as Gumbo Limbo, Green Buttonwood, Japanese Privet, and Yellow Elder, along with a variety of palms and native shrubs.The landscape plan provides 16 extra trees on site and exceeds the minimum landscape requirements. The landscape code requires that 50% or more of the plant material be native species. The plant chart (sheet L-1) indicates the landscape plan complies with this requirement by providing 78% native trees, 98% native palms, and 53% native shrubs. Irrigation will use non-potable water only. Building and Site: The proposed buildings are linear from east to west on the subject property and oriented to face south. The main building entrance faces east toward the parking lot adjacent to South Congress Avenue and consists of a handicap accessible entry. Another handicap-accessible entry is located on the south side of the building adjacent to the bus lane. Pedestrian circulation is proposed by sidewalks along all adjacent rights- of-way, with covered pedestrian corridors throughout the development. To encourage alternative transportation, the school will provide bike racks for 26 bicycles at the northeast corner of the buildings and preferred parking spaces for hybrid and electric vehicles. The proposed project is designed with one (1)-story buildings devoted primarily to classrooms and offices.The project includes covered pedestrian corridors, courtyards, open space and recreation areas such as a pool, a tree grove consisting of Laurel Oaks, play field, vegetable garden, and café patio. Some of the sustainable features being considered to obtain LEED certification for the project include: use of low maintenance vegetation and non-potable water for irrigation; use of pervious pavers for parking spaces; use of stabilized sod for overflow parking; encouraging alternative transportation through bike racks and preferred parking for hybrid and electric vehicles; use of high-albedo roofs to reduce heat absorption; construction waste recycling during construction; light pollution reduction through day lighting strategies; water-conserving fixtures; and low to non- toxic paints, low-emitting carpet, and non-solvent based adhesives. Building Height: The one-story building elevations (sheets A10 – A11) indicate the top of metal deck roofs would be 22 feet – six (6)-inches and the highest elevation (gymnasium) would be 28 feet – six (6)-inches. The proposed building height is well below the maximum height of 45 feet allowed in the C-3 zoning district. Building Design: As depicted on the Building Elevations (sheet A-10), the proposed buildings have modern exterior design elements that include walls of either white metal panel or fiber cement board over tilt-up construction; 210 of 342 large north facing clerestory windows; and metal roofs.According to the elevations and materials board, the main base color of the buildings would be a soft white with some building trim in soft blue and green colors.The 810 square foot accessory pool equipment and storage building would match the colors and materials of the principal buildings. Decorative metal art screens and continuous walls with “green” screens consisting of vegetation would be used throughout the development to provide texture and visual interest. Site Lighting: The photometric plan (sheet L-8) proposes a total of 13 freestanding single light fixtures and six (6) freestanding double light fixtures throughout the site. The photometric plan proposes a height of 25 feet for the freestanding pole fixtures. Staff is recommending as a condition of approval that freestanding pole fixtures be limited to a maximum of 18 feet in height. Additionally, site lighting will be recessed and shielded on all sides to direct light down and away from adjacent properties and rights-of- way to prevent glare and light spillage onto adjacent properties. Site Signage: No monument sign or wall signage on the building is proposed. However, the building elevations indicate the name of the school on the glass doors at the east entrance. The site address is also required to be identified on the building. Public Art: An open space for public art exhibition is reserved on site to be visible from Congress Avenue. The artwork proposed is a large format art piece that will be integrated into the architecture of the east building entrance. This artwork would complement the architecture of the proposed building and enhance the ambiance of the proposed development. Ultimate review and approval of the artist and sculpture is still pending by the Arts Commission. RECOMMENDATION Staff has reviewed this request for New Site Plan and recommends approval of the plans presented, subject to satisfying all comments indicated in Exhibit“C” – Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Slomin Family Center - 3005 S Congress\Staff Report.doc 211 of 342 EXHIBIT “C” CONDITIONS OF APPROVAL Project Name: Slomin Family Center File number: NWSP 10-005 Reference: 3rdreview plans identified as a New Site Plan with an August 31, 2010 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- Forestry Comments: None (all previous comments have been addressed). FIRE Comments: 1. All issues will be addressed in Plan Review (during Building Permit X process). Hydrant locations and sprinkler requirements, etc. will be looked at then. POLICE Comments: None (all previous comments have been addressed). ENGINEERING DIVISION Comments: 2. One year after issuance of a certificate of occupancy for the School X or based on observed deficiencies by the City Engineer a traffic study will be required to re-analyze the entire intersection of Charter Drive and Congress Avenue. In particular the study should focus on the need to provide a WBR turn lane at entrance to the school on Charter Drive. If traffic study is not deemed necessary by the City Engineer the surety will be released by the City. 3. Prior to issuance of a building permit a surety in a format acceptable X to the City will be required to be posted to cover the cost of traffic study, cost of the design and permitting, and the construction costs of a WBR turn lane at entrance on Charter Drive to maximize the storage. The amount of the surety will be based on the engineer of record’s estimate of the cost for the aforementioned items. 4. If warranted by the study or based on observed deficiencies by the X City Engineer the WBR turn lane at entrance on Charter Drive to maximize the storage will be constructed immediately following approval of plans and permits by the City and Palm Beach County. If traffic study is conducted and the improvements are not warranted the surety will be released, upon acceptance of the traffic study by the City. UTILITIES 212 of 342 DEPARTMENTS INCLUDE REJECT Comments: 5. No canopy trees or light poles are allowed within utility easement for X proposed 10” sanitary sewer at entrance and along bus drive. Recommend shifting sanitary sewer within the Charter Drive right of way. 6. Proposed 8” watermain at NW corner of site must be a minimum of X 10 feet from face of proposed building. BUILDING DIVISION Comments: 7. Please note that changes or revisions to these plans may generate X additional comments. Acceptance of these plans during the TART (Technical Application Review Team) process does not ensure that additional comments may not be generated by the Commission and at permit review. 8. Indicate within the site data the occupancy type of each building as X defined in 2007 FBC, Chapter 3. 9. Place a note on the elevation view drawings indicating that the X exterior wall openings and exterior wall construction comply with 2007 FBC, Table 704.8. Submit calculations that clearly reflect the percentage of protected and unprotected wall openings permitted per 2007 FBC, Table 704.8. 10. At time of permit review, submit signed and sealed working X drawings of the proposed construction. 11. Add to each building that is depicted on the drawing titled site plan X and floor plan a labeled symbol that identifies the location of the handicap-accessible entrance doors to each building (2007 FBC, Sections 11-4.1.2, 11-4.1.3, and 11-4.3). 12. As required by the CBBCO, Part III titled “Land Development X Regulations”, submit a site plan that clearly depicts the setback dimensions from each property line to the leading edge of the buildings. The leading edge of the buildings begins at the closest point of the overhang or canopy to the property line. In addition, show the distance between all buildings on all sides. 13. CBBCPP 3.C.3.4. requires the conservation of potable water. City X water may not, therefore, be used for landscape irrigation where other sources are readily available. 213 of 342 DEPARTMENTS INCLUDE REJECT 14. If capital facility fees (water and sewer) are paid in advance to the X City of Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: a) The full name of the project as it appears on the Development Order and the Commission-approved site plan. b) The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34) 15. At time of permit review, submit separate surveys of each lot, parcel, X or tract. 16. Add a general note to the site plan that all plans submitted for X permitting shall meet the City’s codes and the applicable building codes in effect at the time of permit application. 17. Pursuant to approval by the City Commission and all other outside X agencies, the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. 18. The full address of the project shall be submitted with the X construction documents at the time of permit application submittal. The addressing plan shall be approved by the United States Post Office, the City of Boynton Beach Engineering Division, the City of Boynton Beach Fire Department, the City’s GIS Division, and the Palm Beach County Emergency 911. a) Palm Beach County Planning, Zoning & Building Department, 2300 N Jog Rd, West Palm Beach, FL 33411-2741 (Sean McDonald – 561-233-5316) b) United States Post Office, Boynton Beach (Michelle Bullard – 561- 734-0872) 19. Detectable warnings along the handicap accessible route shall X comply with the Florida Building Code Section 11-4.29. 20. The readings on the site plan for the site lighting are illegible. X Submit a plan that reflects clear and legible readings. PARKS AND RECREATION Comments: None (all previous comments have been addressed). FORESTER/ENVIRONMENTALIST Comments: None (all previous comments have been addressed). PLANNING AND ZONING Comments: 214 of 342 DEPARTMENTS INCLUDE REJECT 21. Revise landscape plan to indicate all locations of proposed fences X and walls around site perimeter. Include a detail of fence and/or wall including height, type of material, and color. 22. Revise lighting plan to include a detail of typical freestanding X outdoor light pole with maximum height of 18 feet, fixture details, exterior finish, and color. 23. At time of permitting, revise plans to indicate the new (to be X determined) location of the FPL easement that currently bisects the property so there is no conflict with proposed structures. 24. Please ensure the mechanical building and dumpster enclosure are X not encroaching into the FPL easement. Provide additional detail to indicate no areas of encroachment. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Slomin Family Center - 3005 S. Congress\COA.doc 215 of 342 216 of 342 217 of 342 218 of 342 219 of 342 220 of 342 9. B PUBLIC HEARING October 19, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: OCTOBER 19, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve Clear Wireless at Monteverde Condominiums EQUESTED CTION BY ITY OMMISSION (COUS 10-004) conditional use request for stealth rooftop antennas and related telecommunications equipment on top of an existing multi-family residential building (Monteverde Condominiums) in Renaissance Commons. Applicant: Brian Plewinski, Civil Solutions, Inc. ER: Brian Plewinski of Civil Solutions, Inc. is requesting conditional XPLANATION OF EQUEST use approval to allow Clear Wireless to place stealth rooftop antennas and related telecommunications equipment on the Monteverde Condominium building in Renaissance Commons, in the SMU zoning district. The applicant, Clear Wireless, is a broadband internet service provider of high-speed 4G WIMAX. The applicant has submitted a propagation map that graphically represents radio frequency (RF) engineering data indicating a significant void in service coverage in the area of Gateway Boulevard and Congress Avenue. Clear Wireless is proposing a total of four (4) rooftop locations for stealth telecommunication antennas or related equipment on Building 2 of the southernmost Monteverde condominium within Phase V of Renaissance Commons. The proposed locations are as follows: (1) stealth antennas on the northwest corner of the building rooftop enclosed within the existing rooftop tower feature; (2) stealth antennas on the southwest portion of the building rooftop enclosed within the existing rooftop tower feature; (3) replacement of an existing light pole at the southwest corner of the parking garage rooftop with a stealth light pole of the same height; and (4) a wall mounted equipment cabinet located toward the center of the southwest roof area screened from view by existing roof tower features. Each proposed stealth facility would be architecturally integrated into the building, with the same building colors and architectural elements. The subject six (6)-story building was approved to be a maximum height of 75 feet, and no height exceptions or variances are allowed to this requirement per the SMU district regulations. The proposed stealth facilities 221 of 342 would not exceed the maximum building height of 75 feet.By locating stealth facilities on an existing building rooftop, the project will result in minimal disruption of the aesthetic character of the area and further an objective of the tower regulations to minimize the addition new unsightly towers within the City. Staff has reviewed this request for conditional use approval and recommends approval, subject to satisfaction of all comments indicted in Exhibit “D” – Conditions of Approval. The Technical Application Review Team (TART) recommends that the deficiencies identified in this exhibit be corrected on the set of plans submitted for building permit. Staff also recommends that a period of 18 months be allowed to initiate this project. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. The Planning & Development Board reviewed this request and forwards to the Commission with a recommendation for approval, subject to staff’s recommended conditions. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: Not approve subject request LTERNATIVES 222 of 342 DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 10-051 STAFF REPORT PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION TO: Chair and Members Planning and Development Board FROM: Kathleen Zeitler Planner II THROUGH: Michael Rumpf Director of Planning & Zoning DATE: September 20, 2010 SUBJECT: Clear Wireless at Monteverde Condominiums - COUS 10-004 Conditional Use Approval for Stealth Rooftop Antennas INTRODUCTION Brian Plewinski of Civil Solutions Inc., representing Clear Wireless LLC, and as Agent for property owner Monteverde Condominium Association Inc., is requesting Conditional Use approval to allow stealth rooftop antennas and related telecommunications equipment on top of an existing residential building (Monteverde Condominiums) in Renaissance Commons. The subject property is located at 1605 Renaissance Commons Boulevard South (see Exhibit “A” – Site Location Map) and lies within the Suburban Mixed Use (SMU) zoning district. The Monteverde condominiums were approved as Phase V of Renaissance Commons and consist of a total of 447 units within two (2) separate six (6)-story buildings at a maximum approved building height of 75 feet. The southern building was first constructed and is the subject building for the proposed Clear Wireless facilities, and the northern building is currently under construction. PROPOSAL The City’s Land Development Regulations (LDR) require that wireless telecommunication facilities, when located in the SMU zoning district, are a conditional use and must be a stealth (camouflage) design. The applicant, Clear Wireless, is a broadband internet service provider of high-speed 4G WIMAX. The applicant has submitted a propagation map that graphically represents radio frequency (RF) engineering data indicating a significant void in service coverage in the area of Gateway Boulevard and Congress Avenue. Clear Wireless is proposing a total of four (4) rooftop locations for stealth telecommunication antennas or related equipment on Building 2 of the southernmost Monteverde condominium within Phase V of Renaissance Commons. The proposed locations are as follows: (1) stealth antennas on the northwest corner of the building rooftop enclosed within the existing rooftop tower feature; (2) stealth antennas on the southwest portion of the building rooftop enclosed within the existing rooftop tower feature; (3) replacement of an existing light pole at the southwest corner of the parking garage rooftop with a stealth light pole of the same height; and (4) a wall mounted equipment cabinet located toward the center of the southwest roof area screened from view by existing roof tower features (see Exhibit “B” – Site Plan). Each proposed stealth facility would be architecturally integrated into the building, with the same building colors and architectural elements. The subject six (6)-story building was approved to be a maximum height of 75 feet, and no height exceptions or variances are allowed to this requirement per the SMU district regulations. The proposed stealth facilities would not exceed the maximum building height of 75 feet. 223 of 342 SURROUNDING LAND USES AND ZONING North: Renaissance Commons Phase VI zoned Suburban Mixed Use (SMU), then farther north is right- of-way for Gateway Boulevard, still farther north is developed commercial property (Shoppes of Boynton) zoned Community Commercial (C-3); South: Right-of-way for Renaissance Drive, then farther south is Renaissance Commons Phase III zoned Suburban Mixed Use (SMU), still farther south is right-of-way for the Boynton C-16 canal; East: Right-of-way for the Lake Worth Drainage District E-4 Canal, then farther east is developed property (Boynton Beach High School) zoned Planned Industrial Development (PID); and West: Renaissance Commons Phase III zoned Suburban Mixed Use (SMU), then farther west is right- of-way for Congress Avenue, still farther west is developed commercial property (Catalina Center) zoned Community Commercial (C-3). NOTIFICATION Owners of properties within 400 feet of the subject site plan were mailed a notice of this request and its respective hearing dates. The applicant has certified that signage is posted and notices mailed in accordance with Ordinance No. 04-007. BACKGROUND The City’s tower regulations are intended to minimize the visual effects of telecommunication towers and antennas through careful location siting, site design, landscape screening, and innovative camouflaging techniques. The regulations also encourage, as an alternative to additional towers, the use of accessory rooftop antennas when necessary for proper service coverage in an area. When properly sited and screened, rooftop wireless communication facilities have minimal impacts. The proposed rooftop antennas would be located at Monteverde Condominiums in Phase V of Renaissance Commons, zoned Suburban Mixed-Use (SMU). The SMU Zoning District regulations of Chapter 2, Section 6.H. of the LDR allow telecommunication towers or antennas as a Conditional Use and require a stealth design, or alternatively stated, integration into the architecture and/or structural composition of the project. A stealth facility is defined by code as: “any telecommunications facility which is designed to blend into the surrounding environment and which is incorporated into and is compatible with uses otherwise permissible on site”. Examples of stealth facilities include, but are not limited to, architecturally screened roof-mounted antennas, antennas integrated into architectural elements, and telecommunication and/or personal wireless services towers designed to look like light poles, power poles, clock towers, or trees. The proposed stealth rooftop antennas would be an accessory use at the Monteverde Condominiums. The proposed stealth design includes the placement of antennas and related equipment within two (2) existing rooftop tower features that would be modified with radio frequency (RF) compliant material painted to match the building. An existing light pole on the parking garage rooftop would be replaced with antennas inside a stealth light pole of the same height and color. In addition, a proposed wall mounted equipment cabinet would be located near the center of the southwest roof area within a seven (7) foot by seven (7) foot lease area. The wall mounted equipment would be painted to match the building color, and would be screened from view by proposed screen walls around the cabinet as well as existing roof tower features. 224 of 342 Chapter 10. Section 5.B.1. of the LDR states that building rooftop stealth antennas shall only be permitted on buildings which are at least 45 feet tall, and must be stealth or architecturally screened. By locating stealth facilities on an existing building rooftop, the project will result in minimal disruption of the aesthetic character of the area. Although stealth facilities contained within structural or architectural features, such as clock towers, are preferred, a freestanding stealth tower, such as a monopole designed as a tree, could be erected at a maximum height of 150 feet in the SMU district, and cause a greater impact to the surrounding area. By locating on an existing building, the project would be the least visually intrusive alternative to a freestanding stealth tower, for the project and the surrounding area. STANDARDS FOR EVALUATING CONDITIONAL USES The City’s Land Development Regulations (LDR) require that wireless telecommunication facilities, when located in the SMU zoning district, are a conditional use and must be a stealth (camouflage) design. Section 11.2.D of the Zoning Code contains the following standards applicable to conditional uses. Following each of these standards is Planning and Zoning staff’s evaluation of the application as it is measured against the standards. The applicant has submitted a Justification Statement that addresses these conditional use standards as well as the regulations for rooftop antennas and SMU zoning district requirements for stealth wireless communications facilities (see Exhibit “C”). The Planning and Development Board and City Commission shall consider only such conditional uses as are authorized under the terms of these zoning regulations and, in connection therewith, may grant conditional uses absolutely or conditioned upon the conditions including, but not limited to, the dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the protection of the surrounding area and the citizens' general welfare, or deny conditional uses when not in harmony with the intent and purpose of this section. In evaluating an application for conditional use, the Board and Commission shall consider the effect of the proposed use on the general health, safety and welfare of the community and make written findings certifying that satisfactory provision has been made concerning the following standards, where applicable: 1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. Ingress and egress to the site will remain unchanged. Access would be at the existing curb cuts for the property utilizing existing parking and circulation patterns. However, the type of proposed use and its rooftop location does not create unusual pedestrian or vehicle traffic patterns or volumes, as this project generates no vehicular or pedestrian traffic. Access to the rooftop equipment would occur infrequently for maintenance, thereby eliminating impact to adjacent properties. The proposed rooftop antenna facilities are an accessory use that would not be accessible to the general public. 2. Off-street parking and loading areas where required, with particular attention to the items in subsection D.1. above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole. The Land Development Regulations do not require any parking spaces for the proposed accessory use. Technicians performing occasional maintenance on the rooftop antennas and equipment would typically drive a single vehicle that could utilize a standard space in the existing parking garage on site. 3. Refuse and service areas, with particular reference to the items in Subsection D.1. and D.2. above. The rooftop antennas on site will generate no solid waste, therefore, no waste facilities or receptacles are provided or are being required solely for this proposed project. Only authorized 225 of 342 personnel will be able to enter the roof area for servicing the proposed facilities, using existing site access and parking. 4. Utilities, with reference to locations, availability, and compatibility. Utility locations, availability, and compatibility would remain per the previously approved site plans. The proposed project will not require the use of public services such as water or sewer, but will require electric power. Existing utility services are adequate for the proposed project and are designed in a manner that will not have an adverse impact on adjacent land uses or resources. 5. Screening, buffering and landscaping with reference to type, dimensions, and character. The proposed equipment would be screened from view using stealth concealment of the antennas. The proposed antennas at the northwest corner and southwest area of the building rooftop would be enclosed within the existing rooftop tower features. The existing stucco material would be replaced with a RF-friendly material that would have the same texture and color, giving the appearance of unchanged rooftop tower features. The existing light pole on the southwest corner of the parking garage would be replaced with a stealth light pole of the same height. Antennas would be located within the stealth light pole, which would be constructed using RF-friendly materials. The antennas would not be visible and would be fully screened. The wall mounted equipment cabinet would be located near the center of the southwest roof area and would be screened from view by proposed screen wall around the cabinet as well as existing roof tower features, as evidenced by the line of sight analysis, photo simulations, and plans submitted. 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. Glare, traffic safety, economic effect, and compatibility with adjacent and nearby properties would remain unchanged from the previously approved site plan. Signs and exterior lighting will remain the same as the existing approved site plan. This conditional use request does not propose the addition of new signage or lighting. The use of any portion of a wireless telecommunications facility for signs or advertising purposes, including company name, banners, streamers, and the like, is strictly prohibited by the Land Development Regulations. The existing light pole located on the southwest corner of the parking garage would be replaced with a stealth light pole of the same height. The existing light fixture would be re-used, so the photometrics will remain unchanged. 7. Required setbacks and other open spaces. The LDR does not require setbacks for rooftop antennas. The proposed equipment is located wholly on the rooftop, and does not impact setbacks or other open spaces. Existing building setbacks and other open spaces would remain unchanged from the previously approved site plan. 8. General compatibility with adjacent properties, and other property in the zoning district. In general, the proposed project is compatible with the immediate mixed uses in the area because it is fully screened and concealed from view. The stealth facilities would be located within existing architectural features and painted to match the building. Persons living or working on adjacent properties would be largely unaware that the stealth facilities are located on the building. 9. Height of buildings and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole. The tower regulations state that stealth rooftop antennas may not exceed 20 feet above the roofline, and may not exceed 10 feet above the maximum height of the zoning district. The SMU district allows a maximum height of 55 feet. However, buildings between 55 feet and up to 75 feet 226 of 342 to the peak of the structure or any architectural details may be allowed only for interior buildings (those buildings separated from property line by another project building or use), if approved as a conditional use. Separation requirements from residential do not apply to building mounted or rooftop antennas. The subject building is part of Phase V of Renaissance Commons, and was approved as a conditional use (limited to a maximum height of 75 feet). The proposed equipment installation will not affect the existing approved height of any structures. Proposed antennas would be located within existing rooftop features, and the existing light pole replaced with a stealth light pole of the same height. The proposal is consistent with the design, siting, and review guidelines for commercial antenna installation in that this project will be architecturally and visually integrated into the existing building and painted to match the building color. 10. Economic effects on adjacent and nearby properties, and the city as a whole. The proposed stealth rooftop antennas are not anticipated to have any negative economic effects upon adjacent and nearby properties or the City as a whole. All proposed equipment would be concealed or screened from view. The subject building would have rooftop equipment that would provide improved wireless services to those living, working, and shopping in an underserved area in terms of consistency and quality of internet data transmissions. 11. Conformance to the standards and requirements which apply to site plans, as set forth in Chapter 4 of the City of Boynton Beach Land Development Regulations. Compliance of permit drawings with attached staff comments will provide conformance to the above-referenced requirements. Clear Wireless will comply with all FCC rules governing construction requirements, technical standards, interference protection, power and height limitations, and radio frequency standards. In addition, Clear Wireless will comply with all FAA rules on site location and operation. 12. Compliance with, and abatement of nuisances and hazards in accordance with the Performance Standards in Section 4.N of Chapter 2; also, conformance to the City of Boynton Beach Noise Control Ordinance, Chapter 15, Section 15.8 of the Boynton Beach Code of Ordinances. The proposed equipment installation and operation would comply with the performance standards of Section 4.N of Chapter 2 and the City’s Noise Control Ordinance. The equipment is required to comply with FCC guidelines and would not create objectionable electromagnetic interference. It is not anticipated that the proposed antennas would have any negative impacts upon the immediate vicinity. RECOMMENDATION Based on the information contained herein, compliance with development regulations and conditional use standards, as well as conformity with the intent of the tower regulations to minimize impacts on adjacent properties, staff recommends APPROVAL of this request for Conditional Use, subject to satisfying all conditions of approval recommended by staff as contained in Exhibit “D” – Conditions of Approval, and subject to compliance with the SMU district standards with respect to maximum building height. Any additional conditions of approval recommended by the Board and required by the City Commission will be placed in Exhibit “D” accordingly. Furthermore, pursuant to Chapter 2 – Zoning, Section 11.2 Conditional Uses, a time limit is to be set within which the proposed project is to be developed. Staff recommends that a period of 18 months be allowed to initiate this project. S:\Planning\SHARED\WP\PROJECTS\Renaissance Commons\Clear Wireless at Monteverde COUS 10-004\Staff Report.doc 227 of 342 EXHIBIT "D" Conditions of Approval Project name: Clear Wireless at Monteverde Condominiums, Renaissance Commons File number: COUS10-004 Reference: 2ndreview plans identified as a Conditional Use with a August 17, 2010 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING Comments: None FIRE Comments: None POLICE Comments: None BUILDING DIVISION X 1. Please note that changes or revisions to these plans may generate additional comments. Acceptance of these plans during the TART (Technical Application Review Team) process does not ensure that additional comments may not be generated by the Commission and at permit review. X 2. Indicate within the site data the type of construction of the existing building as defined in 2007 FBC, Chapter 6. X 3. Indicate within the site data the occupancy type of the structure as defined in 2007 FBC, Chapter 3. See Section 312 of the FBC. X 4. Buildings, structures and parts thereof shall be designed to withstand the minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of ASCE 7, Chapter 6, and the provisions of 2007 FBC, Section 1609 (Wind Loads). Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. X 5. Every building and structure shall be of sufficient strength to support the loads and forces encountered per the 2007 FBC, Section 1607 and Table 1607.1. Indicate the live load (psf) on the plans for the added structures. X 6. At time of permit review, submit signed and sealed working drawings of the proposed construction. X 7. Add a general note to the site plan that all plans submitted for permitting shall meet the City’s codes and the applicable building codes in affect at the time of permit application. 228 of 342 DEPARTMENTS INCLUDE REJECT X 8. Pursuant to approval by the City Commission and all other outside agencies, the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. X 9. The existing roof structure and building structure shall be evaluated by a professional engineer to ensure the roof and structure is capable of withstanding additional imposed loads as mandated by Section 707.1 – 707.4.1 of the Florida Existing Building Code and Table 1607.1 of the FBC. A detailed engineering analysis shall be permitted at the time of the building permit application submittal. X 10. Guardrails are required on the equipment platform per the Florida Existing Building Code Section 703.5. X 11. The construction of the rooftop equipment enclosure shall be of non- combustible construction, and the support shall be of non-combustible materials per FBC 1509.5.1. X 12. Indicate the dimensions (L x W) of the enclosure on the plan. PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: None PLANNING AND ZONING Comments: None (All previous comments have been addressed). ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: To be determined. None ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Renaissance Commons\Clearwire at Monteverde COUS 10-004\COA.doc 229 of 342 230 of 342 231 of 342 232 of 342 9. C PUBLIC HEARING October 19, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: OCTOBER 19, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve LDR Re-write (CDRV 07-004) draft changes to EQUESTED CTION BY ITY OMMISSION previously presented Chapters 1, 3, and 4 of the Land Development Regulations Rewrite project regarding in part, definitions, general provisions and zoning districts, and various development standards. The Planning and Development Board reviewed the request for the Land Development Regulations (CDRV 07-004) on September 28, 2010 and forwards it with a recommendation for approval. Applicant: City initiated ER: The attached document represents a summary of changes that XPLANATION OF EQUEST were made by staff to the proposed Land Development Regulations Rewrite project, subsequent to Board and City Commission review and approval. The summary of changes includes new or modified draft provisions to Chapters 1, 3, and 4 of the proposed LDR. H? The ultimate rewritten and adopted LDR OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES will provide an updated and user-friendly set of regulations intended, in part, to support the City’s green initiatives, affordable housing goals, community appearance standards, and the diverse needs of the development sector. FI: N/A ISCAL MPACT A: Not approve subject request LTERNATIVES 233 of 342 DEPARTMENT OF DEVELOPMENT Memorandum PZ 10-059 Chairman and Members, TO: Planning and Development Board Michael Rumpf THRU: Director of Planning and Zoning Eric Lee Johnson, AICP FROM: Planner II September 16, 2010 DATE: LDR Rewrite Project – Summary and Update of Changes RE: INTRODUCTION In April of 2007, staff presented the Planning and Development Board and City Commission with a progress report and proposed work schedule of the LDR Rewrite project, breaking the project down into eight (8) different groups. Each group was approved in its draft format. Because of the length of time to complete this process, staff has made numerous updates and changes to the proposed code subsequent to its review by the Board and Commission. This staff report will generally summarize, by each group, the more important changes that are proposed. SUMMARY OF CHANGES GROUP 1 Chapter 1, Article II (DEFINITIONS) – The article is proposed to be modified through the addition, deletion, and revision of various terms and definitions. 1. Grouped all definitions pertaining to Wireless Communication Facilities (WCF) under one (1) main heading. Definitions were updated to be consistent with the final version of the corresponding standards in Chapter 3, Article V. 2. Deleted “Bolt Throw,” “Louvers,” “Multiple Point Lock,” “Opening,” “Single-Keyed Dead Bolt,” and “Strike Plate;” these terms were removed from Part III LDR and relocated to Part II Property Maintenance Requirements. 3. Retained “Changeable Copy Sign” because the code will regulate them more stringently. 4. Modified “Conventional Zoning District” by itemizing all the planned districts. 5. Retained “Day Spa” to support the definition of the use “personal care (beauty, hair, nails),” which includes a reference to day spa. 6. Modified “Density,” tailoring it to the intent of the workforce housing program of Chapter 1, Article V. 7. Modified the “Driveway” definitions by describing all the different driveway classifications (i.e., minor, intermediate, major) that correspond with site development standards applicable to each type. 8. Modified “Dwelling” definitions to differentiate between all unit types (e.g., Multi- family, Two-family (duplex), townhouse, etc.). 234 of 342 9. Modified “Fortune Teller, Palm Reader, or Physic” to more clearly describe it by including the following activities: astrology, numerology, card, tea reading, clairvoyance, and crystal gazing. 10. Created a definition for “Greenway” to support the recommendations of the Greenways and Bikeways Master Plan and other documents and publications. 11. Created a definition for “Industrial Zoning District,” which is a general term used in certain land development regulations when describing, in part, the subject of an applicable site development or separation standard. This definition will clarify that when the code refers to an “Industrial Zoning District,” it pertains to both the M-1 and PID districts. 12. Modified “Janitorial and General Cleaning” to include a cross-reference to retail sales of cleaning supplies to differentiate from “Cleaning Supply Stores.” 13. Created definition for “Manufactured Home” by referencing that such dwellings must comply with the Manufactured Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development (HUD). 14. Created definition for “Miscellaneous Zoning District” by referencing the PU and REC districts. 15. Created definition for “Mixed Use Zoning Districts” by referencing the SMU, MU-L1, L2, L3, and MU-H districts. 16. Moved all definitions associated with “Mobile Vending Unit (MVU)” from the supplemental zoning regulations to this section of code. 17. Redefined “Out-Patient, Mental Health, & Substance Abuse” to be represented by either “Group Homes” or “Medical & Dental Office.” 18. Created definition for “Pervious Pavement” in conjunction with new provisions for storm water management. 19. Modified “Planned Zoning District” to include the SMU, MU-L1, L2, L3, and MU-H districts. 20. Modified “Residential Zoning District” to include the IPUD, PUD, and MHPD. 21. Created definition for “Erect” as it relates to signs and sign standards. 22. Renamed “Identification Sign” to “Read Door Identification Plaque” to better describe the type of sign allowed under the respective provisions of the sign code. 23. Modified “Off-Premises Sign” to include signage located within rights-of-way. 24. Created definition for “Permanent Sign” to differentiate between it and a temporary sign. Temporary signs are regulated less stringently than their permanent counterparts. 25. Deleted “Temporary Construction Sign” to eliminate redundancy with the respective provisions in the sign code (Chapter 1, Article IV). 26. Created “Transit Sign.” 27. Deleted “Sign Area” because it would be described in the sign standards within Chapter 4, Article IV. 28. Modified “Sign Height” to expand the ways in which a freestanding sign would be measured, depending upon zoning district and site characteristics. 29. Retained the definition of “Specimen Tree” and its corresponding provisions because they are an integral part of the final tree preservation requirements of Chapter 1, Article II. 30. Created “Streestscape” to support applications within landscape code standards of Chapter 4, Article II. 31. Created “Windmill, Aeration” consistent with the contents of interim ordinance No. 10- 010. GROUP 2 Chapter 3, Articles I though IV Article I (OVERVIEW) 235 of 342 1. Eliminated the reference to the zoning code amendment process because this type of application has since been eliminated from the code (to prevent the misunderstanding that this is a publically-initiated application process). Article II (GENERAL PROVISIONS) 1. Enhanced the article by clarifying the on-site locations where safe-sight and visibility standards are to be applied, such as near driveways of single-family and duplex homes as determined by the City Engineer. Article III (ZONING DISTRICTS AND OVERLAY ZONES) 1. Enhanced the article by expanding upon the purpose and intent descriptions for each zoning district. 2. Created within Chapter 1, Article III (Relationship to Comprehensive Plan), a new matrix identifying every future land use classification and corresponding zoning district. 3. Updated the Residential and Site Regulations tables of the entire article to reflect the most current information and requirements. 4. Enhanced the entire article by including additional cross references regarding required parking, landscaping, and applicable approval processes. Article IV (USE REGULATIONS 1. Enhanced the general rules by indicating that “all business shall be conducted within a fully enclosed building, unless otherwise specified” (to ensure the orderly and aesthetic use of property in accordance with the land development regulations). 2. Enhanced the legend by explaining the existence of a Permitted Use list for each PID, which would contain allowable uses specific to each PID independent of the Use Matrix. 3. Changed the demarcation of prohibited uses by using a blank cell rather than an “X”, per recommendation of the Board. 4. Enhanced the Residential and Lodging category by creating a use named “Accessory Dwelling Unit”, and specifying that it is allowed in the C-1 and C-2 districts, in accordance with current code. 5. Enhanced the Residential and Lodging category by creating a use named “Live-Work Unit” and specifying that they are allowed in the mixed use districts, in accordance with current code. 6. Enhanced the Residential and Lodging category by creating the use “Townhouse,” and regulating them in the same manner as other multi-family dwellings. 7. Enhanced the Commercial (Retail Sales) category by creating the use “Cleaning Supply Store (Swimming Pool, Janitorial)” and specifying the districts where they are allowed. 8. Enhanced the Commercial (Retail Sales) category by modifying the following uses so that they would be regulated in the MU-L1 district, similar to the other mixed use districts: 1) Cleaning Supply Store (Swimming Pool, Janitorial); 2) Novelty, Gift, Souvenir, & Miscellaneous; 3) Office Supplies & Stationery; 4) Specialty Food Store; 5) Pharmacy & Drug Store; and 6) Pet Store & Supplies. With exception of cleaning supply stores, all the aforementioned uses would be regulated more stringently in the MU-H district with respect to their maximum allowable size. 9. Enhanced the Commercial (Services) category by modifying “Bar and Nightclub” so that it would be regulated more stringently in the MU-H district with respect to maximum allowable size. 236 of 342 10. Enhanced the Commercial (Services) category by modifying “Dry Cleaners” to allow on- site cleaning and laundering activities in the mixed use districts, in accordance with the recent code amendment. 11. Enhanced the Commercial (Services) category by creating the use “Fortune Teller, Palm Reader, or Psychic” and specifying the corresponding zoning district. 12. Enhanced the Commercial (Services) category by creating the use “Mobile Vending Unit (MVU)” and specifying the districts where they are allowed. In accordance with current code. 13. Enhanced the Commercial (Services) category so that in the MU-L1 district, “Personal Care (Beauty, Hair, Nails),” “Travel Agency,” “Tuxedo, Formal Wear, Costume Rental,” and “Videos, Games & DVD Rental” uses would be regulated similar to other mixed use districts, and more stringently in the MU-H district with respect to their maximum allowable size. 14. Enhanced the Commercial (Services) category by making the use “Pet Care (Boarding and Daycare)” a permitted use in the M-1 district rather than a conditional use. The notes for this use were also updated in accordance with the recently approved code amendment. 15. Enhanced the Commercial (Services) category so that in the MU-L1 district, “Pet Care (Grooming),” “Pet Care (Veterinary Services),” “Photography Studio,” and “Repair / Maintenance, Personal and Household Goods” uses would be regulated similar as if located in the other mixed use districts. The Pet Care uses would have special restrictions with respect to kenneling, location, and required separation. 16. Enhanced the Commercial (Services) category by modifying the uses “Restaurant” and “Take Out Restaurant” by allowing them in the M-1 district as a permitted use but with special limitations on size and location consistent with current code. 17. Enhanced the Office and Health Care category by modifying the following uses so that they would be regulated similarly throughout all the mixed use districts, but more stringently in the MU-H district with respect to maximum allowable size: 1) Bank and Financial Office; 2) Business or Professional Office; 3) Copying, Printing, and Sign Design; 4) Counseling; 5) Diet / Nutrition Center; 6) Investigative Service; 7) Temporary Employment Agency; 8) Medical or Dental Office; 9) Real Estate Business; and 10) Medical or Dental Imaging / Testing. In addition, Medical or Dental Imaging / Testing uses would be permitted in the mixed use districts rather than conditional as previously approved to expedite the approval process. 18. Enhanced the Public and Civic category by modifying the use called “Cemetery” so it would be allowed in commercial districts as an accessory use to a funeral home on properties that are 10 acres or larger. 19. Enhanced the Educational category by allowing the use “Daycare” in the M-1 district to provide extra convenience to the employees who work in industrial areas as well as for the residents of the neighboring areas. 20. Modified the restrictions of “Convenience Store” to include location requirements and size limitations in the M-1 district consistent with the current M-1 corridor standards. Group 3 Chapter 4, Articles V though VIII Article V (MINIMUM OFF-STREET PARKING REQUIREMENTS) 1. Reformatted the article by renaming the “Rules” section to “General Standards” for consistency with the other articles within Chapter 4. 2. Modified the regulations to include driveways as eligible off-street parking areas for residential dwellings in accordance with current code. 237 of 342 3. Inserted the new “Certificate of Conformity” provision as an exception to meeting required off-street parking standards in unique circumstances, such as with right-of-way takings. Article VI (PARKING LOT, VEHICULAR USE AREAS, AND LOADING STANDARDS) 1. Reformatted the article by renaming the “Rules” section to “General Standards” for consistency with the other articles within Chapter 4. 2. Increased user-friendliness by inserting a new section named “City Approval Required,” which describes the types of mandatory city approvals and permits to be required (i.e., site plan review, land development permit, right-of-way permit) prior to construction. 3. Inserted a new section named “penalties,” which references the main penalties section of the new code. Article VII (EXTERIOR LIGHTING STANDARDS) 1. Modified the article by identifying the uses (e.g., single-family and duplexes) that would be exempt from the exterior lighting standards of this article. 2. Increased user-friendliness by inserting a new section named “City Approval Required,” which describes the types of mandatory city approvals and permits (i.e., site plan review, land development permit, right-of-way permit) required prior to construction. Article VIII (ROADWAYS, UTILITIES, AND INFRASTRUCTURE STANDARDS) 1. Increased user-friendliness by inserting a new section named “City Approval Required,” which describes the types of mandatory city approvals and permits (i.e., site plan review, land development permit, right-of-way permit) required prior to construction. 2. Reformatted article so that all standards (e.g., roadways; drainage, stormwater and wastewater management; canals and waterways) are consolidated under one section. Group 4 Chapter 4, Articles I, II, III, and XI Article I (ENVIRONMENTAL PROTECTION STANDARDS) 1. Reformatted the article by renaming the “Rules” as “General Standards.” 2. Clarified that single-family dwellings and duplexes are exempt from the protection standards, except in instances when specimen trees are found on the property in accordance with current code. 3. Increased user-friendliness by inserting a new section named “City Approval Required,” which described the types of mandatory city approvals and permits (i.e., site plan review, land development permit, right-of-way permit) required prior to construction. Also, the clearing and grubbing permit process would be eliminated and replaced with the land development permit process. 4. The article was enhanced to emphasize that “beach dunes,” “specimen trees,” “environmentally sensitive lands,” and “mangrove areas” would be protected under the preservation ordinance. 5. Removed the excavation and fill regulations and created a separate article just for those provisions, in order to better differentiate between the varying standards. 6. Reformatted and enhanced the tree mitigation provisions by creating tangible and measurable criteria for replacement trees. 7. Enhanced the article by creating sections for “appeals” and “penalties.” 238 of 342 Article II (LANDSCAPE DESIGN AND BUFFERING STANDARDS) 1. Increased user-friendliness by inserting a new section named “City Approval Required,” which describes the types of mandatory city approvals and permits (i.e., site plan review, land development permit, right-of-way permit) that would be required prior to plant and sprinkler installation. 2. Enhanced the landscape code by inserting “Certificate of Conformity” provisions as it relates to required landscape strips and off-street parking. 3. Inserted the new “Certificate of Conformity” provision as an exception to meeting required landscape strip standards in unique circumstances, such as with right-of-way takings. Article III (EXTERIOR BUILDING AND SITE DESIGN STANDARDS) 1. Inserted sustainability provisions with the requirement for bicycle racks, trash receptacles, and benches at the following uses: 1) Mobile / Manufactured Home Park; 2) Bed & Breakfast; 3) Hotel & Motel; 4) Group Home Type 2, 3, and 4; 5) Cemetery; 6) Community Facilities; and 7) Post Office. Article XI (EXCAVATION AND FILL REGULATIONS) 1. Clarified that single-family dwellings and duplexes are exempt from the excavation and fill regulations in accordance with current code. 2. Enhanced the article by indicating administration responsibility. 3. Increased user-friendliness by inserting a new section named “City Approval Required,” which describes the types of mandatory city approvals and permits (i.e., site plan review, land development permit, right-of-way permit) required prior to excavation or fill activity. 4. Updated the “penalties” section of this article to reference the main penalties section of the new code. Group 5 Chapter 3, Article V (SUPPLEMENTAL REGULATIONS) 1. Renamed the proposed language of Section 3 (Common Building Appurtenances, Freestanding Structures, and Site Amenities, Excluding Walls and Fences) and reformatted the grouping of each structure, site improvement, or amenity. 2. Eliminated the requirement that any mechanical equipment associated with pump housing more than three (3) feet high must comply with the principal structure setbacks. 3. Simplified the setback requirements for HVAC units for internal consistency. 4. Expanded the provisions for playground equipment for non-residential uses (e.g., churches, daycare, etc.) by allowing them in any required yard and with a minimal five (5) foot setback. 5. Increased opportunities for awnings, canopies, and shutters by eliminating the required nine (9)-foot clearance over pedestrian areas. 6. Modified the provisions for seawalls, bulkheads, docks, and piers to insert the word “dolphins” per the recommendation of the Board. 239 of 342 7. Increased opportunities for generators and fuel tanks by eliminating the setback requirements except in certain instances to minimize impacts upon single-family neighorhoods. Group 6 Chapter 4, Articles IV, IX, and X Article IV (SIGN STANDARDS) 1. Enhanced the article with new purpose and intent language for the sign permit process. 2. Increased user-friendliness by inserting a new section named “City Approval Required,” which emphasizes the necessity to secure a building permit prior to erecting or affixing a sign. Article IX (BUILDING, CONSTRUCTION, AND HISTORIC PRESERVATION) 1. Enhanced the article by indicating administration responsibility. 2. Increased user-friendliness by inserting a new section named “City Approval Required,” which describes the necessity to secure a building permit prior to construction. 3. Enhanced the article with provisions for historic preservation emphasizing compatibility in terms of massing, size, and scale. Article X (FLOOR PREVENTION REQUIREMENTS) 1. Enhanced the article by indicating administration responsibility. Group 7 Chapter 2, Articles I through VI Article I (OVERVIEW) 1. Updated the article to include / exclude the applications and associated processes that were subsequently created / eliminated by staff (e.g., certification of conformity, lot line modification, excavation permit). 2. Relocated section pertaining to the pre-application conference to Chapter 2, Article II. Article II (PLANNING AND ZONING DIVISION SERVICES) 1. Enhanced the article by indicating all the applications that are subject to the required pre- application meeting with staff. 2. Eliminated the adequate public facilities review criterion from the annexation application (this review is conducted in connection with other types of applications). 3. Eliminated the reversion clause from the Comprehensive Plan Future Land Use Map (FLUM) amendment process, recognizing the merit of the original approval, cost and time associated with the amendment process; and the complexity and cost added to the amendment process if Amendment #4 passes. Furthermore, the state does not recognize a “reversion” of a FLUM amendment as a separate process and therefore requires the same thorough analyses as any amendment. Finally, initial staff research indicates that few, if any municipalities include a reversionary provision as part of their amendment process. 4. Enhanced the rezoning application to include the new review criterion “sustainability.” 5. Eliminated the revocation provision from the master plan process because it was deemed to be unnecessary. 240 of 342 6. Modified the vacation and abandonment process to provide documentation on the ultimate allocation of the affected land (e.g., equal split; unequal split; one-way allocation). 7. Eliminated the clearing and grubbing permit process consistent with its consolidation under the land development permit, to be administered by the Engineering Division. 8. Formalized the zoning verification process with an application to facilitate and guide public inquires on zoning-related matters and staff’s approval process. Article III (ENGINEERING DIVISION SERVICES) 1. Enhanced the land development application by including clearing and grubbing activities within its scope and review. This application would also require the submittal of a stormwater pollution prevention plan (SPPP), Erosion and Sedimentation Control (ESC) plan, or Native Florida Ecosystem Survey or Inventory, when applicable. 2. Updated the regulations pertaining to the land development permit to require the landscape plan to illustrate trash receptacles, bicycle racks, and benches. SUMMARY / RECOMMENDATION Staff recommends the Board and Commission approve the draft updates that were made to the entire code. Any changes recommended by the Board and the Commission will be incorporated into the document or schedule for ultimate consideration at time of adoption. S:\Planning\Zoning Code Update\LDR Rewrite\Staff Reports\Summary and Update of Changes.doc 241 of 342 242 of 342 243 of 342 9. D PUBLIC HEARING October 19, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: OCTOBER 19, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED ORDINANCE NO. 10-026 - FIRST EQUESTED CTION BY ITY OMMISSION READING - Approve Pain Management Clinics (CDRV 10-007) code review to amend the Land Development Regulations to include restrictions on the direct dispensing of certain pain medications and references to new state laws applicable to the approval and operation of pain clinics, pain management clinics and other uses that dispense pain medications. Applicant: City initiated. PROPOSED ORDINANCE NO. 10-027 - FIRST READING - Approve Pain Management Clinics (CDRV 10-007) code review to amend the Land Development Regulations to include a definition, and operational requirements applicable to pharmacies and drug stores in connection with the warranted control over the dispensing of certain pain medications by pain clinics, pain management clinics and other uses that dispense pain medications. Applicant: City initiated. ER: The City Commission approved Resolution No. R10-020 on XPLANATION OF EQUEST February 2, 2010 thereby issuing a Notice of Intent (NOI) to consider the need for, and adopt pending development regulations under a 180-day moratorium period applicable to pain clinics, pain management clinics and other uses that dispense prescription pain medications. Staff reviewed information from similar regulations previously adopted by other municipalities, and monitored progress and direction of the ongoing efforts of task forces established in both Palm Beach and Broward Counties. Contributing information was also obtained from a report from the Broward County Grand Jury and newly adopted state law. After considering possible alternatives, staff proposes regulations similar to those adopted in Delray Beach and by at least one other municipality in the County. This similarity will allow the city to easily benefit from the lessons learned from these other cities with respect to both changes in pain clinic operations and necessary subsequent code amendments. As staff has previously indicated, there currently is no perfect ordinance to address this problem. The problems represented by 244 of 342 the targeted pain clinics are dynamic, as represented by the fact that Delray Beach, one of the first cities to adopt pain clinic regulations, has amended their respective regulations three times since original adoption in late 2009. The City will continue to monitor pain clinic operations, will stay involved or networked with county-wide efforts in Palm Beach and Broward Counties, and monitor subsequent actions taken at the State level. Warranted amendments to City regulations are anticipated and would be processed timely. The proposed changes to existing Zoning Regulations are summarized as follows: (Proposed Ordinance No. 10-026) 1. References added to effected zoning uses describing the corresponding supplemental regulations; 2. Purpose and intent narratives for proper foundation and documentation; 3. The prohibition of directly dispensing controlled substances listed in Schedule II, III, or IV of Florida Law, and exemptions to the prohibitions to avoid unintended affects on legitimate medical care and treatment; (Proposed Ordinance No. 10-027) 4. A definition of pharmacy & drug store (to emphasize them being retail stores rather than just businesses that sell prescription pain medications, and to appropriately exempt facilities such as hospitals); and 5. Operational standards for pharmacies including a maximum limit on proportion of pain medications to be sold, in defense against this known strategy for circumventing pain clinic regulations. The Planning & Development Board reviewed the subject code amendments and forwards them with a recommendation of approval. H? Minimize the burden on local law OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES enforcement otherwise caused by the direct and indirect effects of the targeted businesses. FI: N/A ISCAL MPACT A: Deny subject request thereby making no code changes prior to expiration of LTERNATIVES moratorium, or approve with changes. 245 of 342 ORDINANCE NO. 10-____ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF BOYNTON BEACH, BY AMENDING CHAPTER 2, ITEMS 6.A.1.G, 6.A.1.I, AND 6.A.1.J. BY ADDING REFERENCES TO THE REQUIREMENTS OF THE NEW SUBSECTION 11.R; AND BY AMENDING CHAPTER 2, SECTION 11, “SUPPLEMENTAL REGULATIONS”, BY ADDING THE NEW SUBSECTION “R”, “MEDICAL, PROFESSIONAL, BUSINESS OFFICES AND CLINICS”; TO PROVIDE FOR CLARIFICATION REGARDING THE APPLICABILITY OF CERTAIN STATE STATUTES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to Article VII, Section 2 of the Florida Constitution and Chapter 166 of the Florida Statutes, the City Commission of the City of Boynton Beach (the “City Commission”) is authorized and required to protect the public health, safety and welfare of its citizens; and WHEREAS , the City Commission has the power and authority to enact regulations pertaining to land use and development within the City and for valid governmental purposes that are not inconsistent with general or special law; and WHEREAS, at the Florida Board of Medicine (the “Board”) Meeting in December, 2008 at Tampa, Florida, the Board cited the “rapid proliferation of pain clinics that may be contributing to increased abuse of controlled substances,” and concluded “there may be a need to develop rules and regulations for these clinics to provide oversight related to evaluation and follow up of these difficult patients and help physicians identify persons not seeking care but just pill shopping for narcotics;” and WHEREAS ,the Board further notes that “an average of 7 patients a day are reported as dying of prescription drug overdose in Florida, a number that far exceeds the number dying from illegal drug use”; and WHEREAS , the U. S. Department of Health and Human Services has released data showing prescription drug deaths are now the fourth leading cause of death in the United States; and WHEREAS , the City Commission finds that the fraudulent sale, use, and delivery of controlled substances is a threat to the health, safety and welfare of the residents of the City; and WHEREAS, the City Commission has recently been made aware by law enforcement and news reports that a pattern of illegal drug use and distribution has been associated with pain management clinics in neighboring municipalities, which dispense on-site narcotic drugs; and WHEREAS , the City Commission has also been made aware of numerous newspaper stories in the recent past describing a “pipeline” of trafficking drugs from South Florida pain management clinics to users in other states, such as Kentucky, West Virginia, and Ohio; and 246 of 342 WHEREAS , the threat of increased crime associated with such clinics, is very significant and could undermine the economic health of the City’s development and redevelopment efforts; and WHEREAS , the Florida Legislature has attempted to deter such drug use, distribution and activities by the creation of a secure and privacy-protected, statewide electronic system of monitoring prescription drug medication information, to encourage safer controlled substance prescription decisions and to reduce the number of prescription drug overdoses, deaths and related crimes; and WHEREAS , it is the intent of this ordinance not to interfere with the legitimate medical use of controlled substances, but rather to prohibit the location of dispensing of narcotic drugs on site at medical offices, to the extent permitted by law; and WHEREAS , in the absence of regulations identifying where narcotic drugs may be dispensed, the City’s residents, visitors and businesses are more vulnerable to criminal actions, despite the provision of law enforcement services; and WHEREAS, the City staff is recommending amendments to the Land Development Regulations that restrict the dispensing of narcotic drugs on sight at medical offices in the City of Boynton Beach, to the extent permitted by law; and WHEREAS, the City Commission has considered staff’s recommendations and reports and determines and finds that it would be appropriate to amend the Land Development Regulations to reflect these amendments; and WHEREAS , the City Commission finds that the adoption of this Ordinance is in the best interest of the health, safety and welfare of the citizens and residents of the City of Boynton Beach. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Chapter 2, Section 6.A.1, items “g”, “i”, and “j” are amended to include a reference to the new corresponding requirements within Subsection 11.R to read as follows: g. Medical and dental offices and clinics. (Also see Section 11.R. for restrictions applicable to those uses subject to the registration requirements of Florida Statutes Ch. 458.3265 or Ch. 459.0137). i. Pharmacies, medical and surgical supplies; orthopedic, invalid and convalescent supplies; eyeglasses and hearing aids. (Also see Section 11.R. for restrictions applicable to those uses subject to the registration requirements of Florida Statutes Ch. 458.3265 or Ch. 459.0137). j. Professional and business offices. (Also see Section 11.R. for restrictions applicable to those uses subject to the registration requirements of Florida Statutes Ch. 458.3265 or Ch. 459.0137). Section 3. That Chapter 2, Section 11. Supplemental Regulations of the Land Development Regulations of the City of Boynton Beach is amended by adding the new Subsection “R”, “Certain Medical, Professional, and Business Offices and Clinics”, to read as follows: 247 of 342 R. CERTAIN MEDICAL, PROFESSIONAL AND BUSINESS OFFICES AND CLINICS: 1. Purpose and Intent. These regulations are in connection with the mass effort to discourage the misuse and abuse of narcotics and other controlled substances such as pain medications, and the impacts upon land uses that are associated with businesses that would operate principally to dispense pain medications for chronic pain but without the services of typical medical offices that provide thorough on-site examinations, medical treatments or procedures, and continued medical oversight. Such businesses have been determined to be associated with the excessive use of, addictions to, and subsequent illegal sales/distribution of addictive controlled substances. 2. Applicability. This section applies to all medical, professional and business offices and clinics. Such uses shall be subject to the following: a. On-site dispensing of controlled substances that are identified in Schedule II, III, or IV in Sections 893.03, 893.035 or 893.036, Florida Statutes, is prohibited, unless otherwise expressly permitted by statutory or general law. The following are exempt from this prohibition: 1. A health care practitioner when administering a controlled substance directly to a patient if the amount of the controlled substance is adequate only intended to treat the patient during that particular treatment session. 2. A pharmacist or health care practitioner when administering a controlled substance to a patient or resident receiving care as a patient at a hospital, nursing home, ambulatory surgical center, hospice, or intermediate care facility for the developmentally disabled which is licensed in this state. 3. A health care practitioner when administering a controlled substance in the emergency room of a licensed hospital. 4. A health care practitioner when administering or dispensing a controlled substance to a person under the age of 16. 5. A health care practitioner when dispensing a one-time, 72- hour emergency resupply of controlled substance to a patient. 3. Enforcement a. Law enforcement officers shall, in connection with their duties imposed by law, diligently enforce the provisions of this Section and may issue citations, arrest and arrest with warrant persons acting in violation of this Section. b. Law enforcement officers shall have the authority to seize, confiscate and impound any substance, or other article which, upon probable cause, they find to be used or possessed in violation of this Section. c. The City may prosecute violations by issuance of Notices to Appear for violation of a CITY Ordinance, in which case, the penalty for a violation shall be as follows: 248 of 342 1.First violation - $100.00 2.Second violation within twelve (12) months of adjudication of first violation - $500.00 3.Third violation within eighteen (18) months of adjudication of first violation - $1000.00 Each calendar day on which a violation exists shall constitute a separate violation for the purpose of determining the fine. d. A violation of this Section may be prosecuted as a nuisance. The City Attorney may bring suit on behalf of the City, or any affected citizen may bring suit in his/her name against the person or persons causing or maintaining the violation, or against the owner/agent of the building or property on which the violation exists. Relief may be granted according to the terms and conditions of Chapter 15, Article 8 of the City of Boynton Beach Code of Ordinances and/or Chapter 60, Florida Statutes, entitled Abatement of Nuisances. e. Any person convicted of violating any of the terms or provisions of this article or any code, requirements, or standards adopted hereby shall be subject to the penalties as provided in Chapter 1, Section 1-6 of the City of Boynton Beach Code of Ordinances. In addition, the City may use any equitable or legal remedy available at law to enforce any violation of the terms or provisions of this Section. Section 4. Each and every other provision of the Land Development Regulations not specifically amended herein, shall remain in full force and effect as originally adopted. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this ordinance as a whole or part thereof other than the part declared to be invalid. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. Authority is hereby given to codify this ordinance. Section 8. That this ordinance shall become effective immediately upon its passage on second and final reading. {REMAINDER INTENTIONALLY LEFT BLANK} 249 of 342 FIRST READING this ____ day of _______________, 2010. SECOND, FINAL READING AND PASSAGE this _____ day of _____________, 2010. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove ______________________________ Commissioner – Woodrow L. Hay _______________________________ Commissioner- Steven Holzman ATTEST: ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 250 of 342 ORDINANCE NO. 10 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF BOYNTON BEACH, BY ADDING A DEFINITION FOR “PHARMACY AND DRUG STORE” TO CHAPTER 1, ARTICLE II; BY AMENDING CHAPTER 2, SECTIONS 6.A.1.I AND 6.B.1.NN BY ADDING REFERENCES TO THE REQUIREMENTS OF NEW SUBSECTION 11.S; AND BY ADDING THE NEW SUBSECTION 11.S, “PHARMACIES AND DRUG STORES” AND CORRESPONDING REGULATIONS TO CHAPTER 2; TO PROVIDE FOR CLARIFICATION REGARDING THE APPLICABILITY OF CERTAIN STATE STATUTES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, pursuant to Article VII, Section 2 of the Florida Constitution and Chapter 166 of the Florida Statutes, the City Commission of the City of Boynton Beach (the “City Commission”) is authorized and required to protect the public health, safety and welfare of its citizens; and WHEREAS , the City Commission has the power and authority to enact regulations pertaining to land use and development within the City and for valid governmental purposes that are not inconsistent with general or special law; and WHEREAS , at the Florida Board of Medicine (the “Board”) Meeting in December, 2008 at Tampa, Florida, the Board cited that “an average of 7 patients a day are reported as dying of prescription drug overdose in Florida, a number that far exceeds the number dying from illegal drug use,” and concluded “there may be a need to develop rules and regulations for these clinics to provide oversight related to evaluation and follow up of these difficult patients and help physicians identify persons not seeking care but just pill shopping for narcotics;” and WHEREAS , the U. S. Department of Health and Human Services has released data showing prescription drug deaths are now the fourth leading cause of death in the United States; and WHEREAS , the Florida Legislature has attempted to deter such drug use, distribution and activities by the creation of a secure and privacy-protected, statewide electronic system of monitoring prescription drug medication information, to encourage safer controlled substance prescription decisions and to reduce the number of prescription drug overdoses, deaths and related crimes; and WHEREAS , the City Commission has determined that a possible solution to curtail the fraudulent sales of Schedule II Controlled Substances as listed in Florida Statute §893.03 is to limit the percentage of Schedule II Controlled Substances sold in relation to the number of other prescriptions sold at each pharmacy in the City within a 30 day period to be determined by audits through by the Florida Department of Health; and WHEREAS , the City staff is recommending amendments to the Land Development Regulations limiting the percentage of such controlled substances in relation to other prescriptions sold at pharmacies and drug stores in the City of Boynton Beach; and WHEREAS , the City Commission has considered staff’s recommendations and reports and determines and finds that it would be appropriate to amend the Land Development Regulations to reflect these amendments; and 251 of 342 WHEREAS , the City Commission finds that the adoption of this ordinance is in the best interest of the health, safety, and welfare of the citizens and residents of the City of Boynton Beach. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Chapter 1, Article II. “Definitions” of the Land Development Regulations of the City of Boynton Beach is amended by adding the new terms and corresponding definitions to read as follows: PHARMACY AND& DRUG STORE – A “pharmacy” is an establishment primarily engaged in retailing a variety of prescription and nonprescription drugs and medicines, and medical and surgical supplies. A “drug storeDRUG STORE” would be an establishment that combines a “pharmacy” with the sale of products typically associated with a convenience store, and provides services such as photo processing or basic health assessment (e.g., vaccinations, minor examinations, etc.). See Chapter 2. Zoning, Section 11.S for specific regulations applicable to pharmacies or drugstores. Section 3. That Chapter 2, Section 6.A.1, item “i” is amended to include a reference to the new corresponding requirements within Section 11.S to read as follows: i. Pharmacies, medical and surgical supplies; orthopedic, invalid and convalescent supplies; eyeglasses and hearing aids (see Section 11.S for additional applicable standards). Section 4. That Chapter 2, Sections 6.B.1, item “nn” is amended to include a reference to the new corresponding requirements within Section 11.S to read as follows: nn. Drug Stores (see Section 11.S for additional applicable standards). Section 5. That Chapter 2, Section 11. Supplemental Regulations of the Land Development Regulations of the City of Boynton Beach is amended by adding the new Subsection “S”, “Pharmacies/Drug Stores” to read as follows: S. PHARMACIES AND DRUG STORES: 1.1. Purpose and Intent. See above under Section 11.R., MEDICAL, PROFESSIONAL AND BUSINESS OFFICES AND CLINICS. 2. Applicability. This Section applies to all pharmacies and drug stores. Such uses shall be subject to the following: a. No more than 15% of the total number of prescriptions sold within a thirty (30) day period can be derived from the sale of Schedule II controlled substances as listed in Florida Statute 893.03. All pharmacies and drug stores shall be staffed by a state licensed pharmacist who shall be present during all hours the pharmacy, or pharmacy function of the drug store, is open for business. This restriction on prescription sales shall not apply to a pharmacy operating accessory to a facility licensed pursuant to FS Chapter 395 (e.g. hospital). 252 of 342 Section 11.R., 3.Enforcement. See above under MEDICAL, PROFESSIONAL AND BUSINESS OFFICES AND CLINICS. Section 6. Each and every other provision of the Land Development Regulations not herein specifically amended herein, shall remain in full force and effect as originally adopted. Section 7. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this ordinance as a whole or part thereof other than the part declared to be invalid. Section 8. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 9. Authority is hereby given to codify this ordinance. Section 10. That this ordinance shall become effective immediately upon its passage on second and final reading. {REMAINDER INTENTIONALLY LEFT BLANK} 253 of 342 FIRST READING this ____ day of _______________, 2010. SECOND, FINAL READING AND PASSAGE this _____ day of _____________, 2010. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove ______________________________ Commissioner – Woodrow L. Hay _______________________________ Commissioner- Steven Holzman ATTEST: ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 254 of 342 255 of 342 10. A CITY MANAGER’S REPORT October 19, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 19, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Review and discuss supplemental property tax impact EQUESTED CTION BY ITY OMMISSION study as prepared by City staff. ER: As a follow-up to a question from Commissioner Holzman at the XPLANATION OF EQUEST 2010-2011 Budget Meeting, staff obtained comparative property tax value data from the Palm Beach County Property Appraiser’s Office. There were two basic objectives of the study: 1. Determine how land uses affect taxable value – specifically how does commercial and industrially used property contribute to the overall tax base of the City. 2. Compare how Boynton Beach’s tax base compares with other larger communities in Palm Beach County in terms of overall taxable value and the allocation of taxable value to specific land uses. The comparative communities were: Boca Raton, Delray Beach, Lake Worth, Palm Beach Gardens, Riviera Beach and West Palm Beach. For example, Boca Raton’s taxable value is almost five times Boynton Beach’s taxable value. Delray Beach has almost twice the taxable value of Boynton Beach. Boynton Beach offers many of the same services and programs as these other two cities. Citizen expectation for these services is high but the tax base to support these services lags behind Boca Raton and Delray Beach. H? Property tax revenue represents 32% of OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES the General Fund revenues or $22.2M of $68.5M. Therefore the impact of taxable value is of concern to the City. In 2009, the overall taxable value of the City was $4.88 B and in 2010, the taxable value for the entire City dropped to $3.63 B, a reduction of 15.28%. Historically, the City’s taxable value for the past six years is as follows: 256 of 342 2010 $3.63B 2009 $4.88B 2008 $5.5B 2007 $6.1B 2006 $5.5B 2005 $4.2B The City’s taxable value peaked in 2006. Careful monitoring of taxable values, particularly for commercial and industrial property is warranted. In addition, future land use decisions should include tax impact analysis based on projected land use and anticipated cost of municipal services. FI: The report has the following basic results: ISCAL MPACT COMMENTS ON TAX BASE SUMMARY TABLES PER CAPITA TAXABLE VALUE • The City’s Per Capita Taxable Value, at $53,838, is the second lowest among the selected municipalities, with Lake Worth being the lowest at $30,425. It is also significantly lower than the value for Palm Beach County as a whole. Per Capita Taxable Commercial Value for the City is higher than the county’s number, but also lower than numbers for all other municipalities with the exception of Lake Worth. COMMERCIAL • Boynton’s Average Taxable Value for improved commercial properties lags behind the county average, but is the third highest among the selected municipalities, after Boca Raton and Palm Beach Gardens, which both contain upscale regional shopping malls. Moreover, the fact that the “average” rather than the “median” value is used distorts the total picture (available data for other municipalities limits the options). • The City has a lot of new commercial properties built since 2004, and these properties are the ones most negatively affected in the current recession. Once the vacancy rates decrease, the taxable values should increase significantly. • The Boynton’s commercial properties account for only 3.8% of all parcels, but almost 1/3 of the total taxable value. This does reflect the high average value of a commercial property in the City, but is also a result of the very high ratio of average commercial to residential value in the City (the highest among the municipalities and more than twice the ratio for the county as a whole). RESIDENTIAL • Boynton has a very low average residential taxable value, the second lowest after Lake Worth (but, see the comment about “average”). The City has the highest percentage of parcels in residential uses, but the third lowest share of residential in the total taxable value. • In particular, the City has a large inventory of older, low-value condominiums. Again, only Lake Worth Average Taxable Value per condo is lower. 257 of 342 • The taxable value of residential properties constitutes only 69% of the market value of these properties. This reflects the high percentage of owner-occupied units and, consequently, a large amount of value tied in the homesteaded properties. General Comments: In terms of net benefit for the City, the revenue generated by residential, commercial and other uses (including revenues other than ad-valorem taxes) has to be compared with the cost of service provision – expenses created by a particular use. It is generally perceived that residential uses have negative fiscal impact as opposed to commercial uses; however, it depends on the type and value of the property and, possibly, some other factors, such as demographic profile of residents (for example, a 1999 study for Polk county, Florida, showed that residential uses generated 50.5% of revenues, but accounted for 93.2% of expenses’. Also, the economic impact of commercial properties; – job generation and improved access to goods and services - needs to be considered. A special thank you is extended to Hanna Matras, Senior Planner for her research work on this project. A: Information only. LTERNATIVES Exhibits to Report: Value and Number or Parcels on the Real Property Assessment Roll by Category – 2009 and 2010 Taxable Values – Boynton Beach Property Tax Base Analysis - Comparative Data on Boynton Beach with six other municipalities and Palm Beach County. Commercial Tax Base Analysis - Comparative Data on Boynton Beach with six other municipalities and Palm Beach County. Original 2010 Property Tax Study of 63 Parcels in Boynton Beach – Report shows specific tax impact on properties based on several tax rate models. Comparative data sheets for the preliminary 2010 values for Boynton Beach and Comparative Data on Boynton Beach with six other municipalities and Palm Beach County (Boca Raton, Delray Beach, Lake Worth, Palm Beach Gardens, Riviera Beach and West Palm Beach). 258 of 342 259 of 342 260 of 342 261 of 342 262 of 342 263 of 342 264 of 342 265 of 342 266 of 342 267 of 342 10. B CITY MANAGER’S REPORT October 19, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 19, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve negotiation of a contract under CCNA guidelines EQUESTED CTION BY ITY OMMISSION with REG Architects, staff's #1 ranked firm as a result of RFQ 068-1210-10/TH for "Historic High School Redevelopment Services". ER: At the July 13, 2010 Boynton Beach Community Redevelopment XPLANATION OF EQUEST Agency (CRA) meeting, the CRA Board approved a motion to encumber $52,000 of CRA funds for consulting services for the redevelopment of the historic high school. The funds were encumbered for a period of four months contingent on subsequent approval of a tri-party agreement between the City, the CRA, and a to-be-named consultant. At the August 3, 2010 City Commission meeting, the City Commission approved the issuance of a Request for Qualifications (RFQ) for Historic High School Redevelopment Services. Based on discussions of the Commission at this meeting, staff prepared an RFQ seeking a consultant to be creative in offering solution(s) for a Historic High School Redevelopment. The specific tasks the Commission desired to be included in the RFQ were: 1) Tie all previous structural evaluations of the building together with a summary update of expected costs in 2010-2011 for basic renovation. 2) Through a public engagement process, identify a list of prospective uses including private organizations, non-profit organizations civic uses. 3) Prepare an evaluation of funding mechanisms for the refurbishment and adaptive reuse including the use of New Market Tax Credits, Historic Preservation Tax credits, foundation or grant funding and conventional bonding or refurbishment costs. The evaluation shall contain an estimate of fiscal impact, if any to the City through evaluation of partnership opportunities. The analysis will also present a 268 of 342 recommended program to the City for uses, ownership vs. lease options, financing and building management cost estimates. 4) Prepare an implementation time-line with critical project items and assignment of responsible parties. The RFQs were due back on September 7, 2010. The City received responses from six (6) firms, all of which were deemed responsive to the RFQ. In addition, there were two (2) “No Bid(s)” received. The Tabulation Sheet is attached. A review committee of three (3) staff members reviewed the responses. Those committee members were: Lori LaVerriere, Assistant City Manager; Quintus Greene, Director of Development and Jeff Livergood, Director of Public Works. Each member evaluated the proposals based on the evaluation criteria and possible points for each criterion that was included in the RFQ package. The individual evaluations were then returned to Tim Howard, Deputy Director of Finance, who compiled them to arrive at a summary evaluation and ranking. The Evaluation Form Summary lists rankings and notes the top three ranked firms. The review committee ranked REG as the top respondent. Although REG’s response included more services than what was specifically indentified in the RFQ, staff evaluated the proposal based only on the four items listed above. Negotiations will limited to those four tasks. H? The goal of this proposal is to develop a OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES strategy and direction to advance the redevelopment of the historic high school site. FI: Assuming that a negotiated agreement for services does not exceed the ISCAL MPACT CRA’s allocation of $52,000, there will be no fiscal impact on the City. The negotiated agreement will returned to the City Commission for review and will be based on the tasks as approved by the City Commission on August 3, 2010. A: Not approve the negotiation of this contract. LTERNATIVES ATTACHMENTS: RFQ Tabulation Sheet Evaluation Form Summary 8.3.10 RFQ Discussion – Agenda Item 8.3.10 RFQ Discussion – Meeting Minutes Excerpt RFQ Document Reworked Task List 269 of 342 270 of 342 271 of 342 272 of 342 273 of 342 274 of 342 275 of 342 276 of 342 277 of 342 278 of 342 279 of 342 280 of 342 281 of 342 282 of 342 283 of 342 284 of 342 285 of 342 286 of 342 287 of 342 288 of 342 289 of 342 290 of 342 291 of 342 292 of 342 293 of 342 294 of 342 295 of 342 296 of 342 297 of 342 298 of 342 299 of 342 300 of 342 301 of 342 302 of 342 303 of 342 304 of 342 305 of 342 306 of 342 307 of 342 308 of 342 309 of 342 310 of 342 311 of 342 312 of 342 313 of 342 Original List as reviewed by the City Commission on August 3, 2010. They authorized staff to prepare an RFQ for items 1, 4, 5 and 7 below. 1. Tie all previous structural evaluations of the building together with a summary update of expected costs in 2010-2011 for basic renovation. 2. Identify, through a space analysis of the present structure, opportunities for adaptive reuse of the structure. 3. Identify the pros and cons of historic preservation for the building. 4. Prepare an evaluation of funding mechanisms for the refurbishment and adaptive reuse including the use of New Market Tax Credits, Historic Preservation Tax Credits, foundation or grant funding and conventional bonding of refurbishment costs. 5. Through a public engagement process, identify a list of prospective uses including private organizations, non-profit organizations and civic use. The list would contain an estimate of fiscal impact, if any to the City through evaluation of partnership opportunities. The analysis will also present a recommended program to the City for uses, ownership vs. lease options, financing and building management cost estimates. 6. Develop a conceptual design site plan for the building and parking areas. 7. Prepare an implementation time-line with critical project items and assignment of responsible parties. Proposed Re-work of Items 1, 4, 5 and 7: (Staff is placing this in the RFQ) ● Tie all previous structural evaluations of the building together with a summary update of expected costs in 2010-2011 for basic renovation. ● Through a public engagement process, identify a list of prospective uses including private organizations, non-profit organizations and civic use. ● Prepare an evaluation of funding mechanisms for the refurbishment and adaptive reuse including the use of New Market Tax Credits, Historic Preservation Tax Credits, foundation or grant funding and conventional bonding of refurbishment costs. The evaluation shall contain an estimate of fiscal impact, if any to the City through evaluation of partnership opportunities. The analysis will also present a recommended program to the City for uses, ownership vs. lease options, financing and building management cost estimates. ● Prepare an implementation time-line with critical project items and assignment of responsible parties. 314 of 342 10. C CITY MANAGER’S REPORT October 19, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 19, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Consideration of the allocation of funding to purchase five EQUESTED CTION BY ITY OMMISSION (5) properties located on S.W.1st and 2nd Avenues, and N.W. 3rd Street. ER: Staff is offering for your consideration the allocation of funding for and XPLANATION OF EQUEST st ndrd approval to purchase five (5) properties located between S.W. 1and 2 Avenues, and S.W. 3 Street. Only three (3) of the properties are contiguous. One lot not associated with these properties is separating an additional lot, while a second corner parcel (0010) was recently purchase by Lamar Realty Corporation. These lots, which have Code Enforcement liens and delinquent taxes which must be paid, were, until October 5, 2010, owned by Peter Wolofsky. Mr. Wolofsky offered to convey title to the City of Boynton Beach in lieu of payment of fines due to the City H? The subject properties are a little less than an OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES acre and all lots meet City of Boynton Beach land development regulations. The property is not located within the Community Redevelopment Area. The subject properties are currently a burden upon the City of Boynton Beach since Mr. Wolofsky has not maintained these properties. This makes it burdensome to the Code Enforcement Division. FI: There is currently a total of $22,836.64 in delinquent taxes plus interest. In addition, ISCAL MPACT there are City of Boynton Beach Code Enforcement liens certified in 2007 in excess of $5,400.00, plus municipal liens for mowing the property. Pursuing the acquisition of this property at this time would be for the purpose of having it available for the future development of affordable housing that would ultimately add positively to the tax roll. However, it is uncertain as to how long this process would take given the current housing market. It should be noted that 0n October 5, 2010 a tax deed on these properties was issued to Mia Real Holdings LLC. However, it may still be possible for the City to acquire the property. 315 of 342 . A: Do not pursue the acquisition of this property. LTERNATIVES 316 of 342 13. A LEGAL October 19, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 19, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED ORDINANCE NO. 10-028 - FIRST EQUESTED CTION BY ITY OMMISSION READING - Approve amending Article II, Chapter 18 of the Boynton Beach Code of Ordinances, entitled "Employees' Pension Plan" ER: The Board of Trustees of the Employees Pension Plan, at their meeting on XPLANATION OF EQUEST August 23, 2010, approved recommended amendments to the referenced Code of Ordinances. The amendments adopt the language proposed to the Internal Revenue Service (IRS) to meet requirements of the Voluntary Correction Program. In 2009, the Board of Trustees approved filing for an IRS determination letter. As part of that process, the Board went through the Voluntary Correction Program to make certain amendments retroactively effective. A summary of the amendments are contained in the attached letter dated August 27, 2010 from Bonni Jensen, the Employees Pension Plan Attorney. The amendments must be passed into law by November 24, 2010. The Second Reading of the Ordinance will take place at a City Commission meeting prior to November 24. H? No direct impact. OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: The Plan Actuary is of the opinion that the Ordinance will have no significant actuarial ISCAL MPACT impact on the Plan. As a result, there should be no fiscal impact to the City. A: None recommended. LTERNATIVES If the amendments are not made in a timely manner, the requirements of the Voluntary Compliance Program will not be met and the amendment will not be deemed to have been made timely. This can result in tax disqualification for the Pension Trust Fund. 317 of 342 318 of 342 319 of 342 320 of 342 321 of 342 322 of 342 323 of 342 324 of 342 325 of 342 326 of 342 327 of 342 328 of 342 329 of 342 330 of 342 331 of 342 332 of 342 333 of 342 334 of 342 335 of 342 336 of 342 14. A FUTURE AGENDA ITEMS October 19, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 19, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Conduit debt for the Charter School of Boynton Beach - EQUESTED CTION BY ITY OMMISSION October 19, 2010. ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 337 of 342 14. B FUTURE AGENDA ITEMS October 19, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 19, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Police Complex -- Discussion of project timing, scope, EQUESTED CTION BY ITY OMMISSION location and funding alternatives available (TBA) ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 338 of 342 14. C FUTURE AGENDA ITEMS October 19, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 19, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Noise Control Ordinance - First Reading - TABLED ON EQUESTED CTION BY ITY OMMISSION July 20, 2010 and August 3, 2010 - (TBD) ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 339 of 342 14. D FUTURE AGENDA ITEMS October 19, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 19, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Live Entertainment Ordinance - First Reading - TABLED EQUESTED CTION BY ITY OMMISSION ON July 20, 2010 and August 3, 2010 - (TBD) ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 340 of 342 14. E FUTURE AGENDA ITEMS October 19, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 19, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Geographic boundaries for City of Boynton Beach voting EQUESTED CTION BY ITY OMMISSION districts - (TBD) ER: The Boynton Beach City Charter, Article II. City Commission, Sec. XPLANATION OF EQUEST 17(g) Composition, election, terms, vacancies states that “Geographic boundaries for each voting district are established pursuant to Section 2-41 of the Code of Ordinances. Geographic boundaries for each voting district shall be designated, prepared and identified not later than the first day of January 2002, and every four (4) years thereafter by contract to the City of Boynton Beach with a four (4) year college or university or educational research institution located within the State of Florida to be selected by the City Commission of the City of Boynton Beach, Florida. The election districts shall be of equal population, compact, proportional and logically related to the natural internal boundaries of the neighborhoods within the City. The principal of non-discrimination and one man/one vote shall be adhered to strictly.” The last re-districting project was done in 2005 by the Florida International University Metropolitan Center at a cost of $35,200. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 341 of 342 14. F FUTURE AGENDA ITEMS October 19, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 19, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Appoint members to 7-member independent Community EQUESTED CTION BY ITY OMMISSION Redevelopment Agency Board (TABLED ON 09/21/10 and 10/05/10) - 01/18/11 ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 342 of 342