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Agenda 02-16-10 Searchable The City of Boynton Beach Boynton Beach 100 E. Boynton Beach Boulevard ● (561) 742-6000 TUESDAY, FEBRUARY 16, 2010 6:30 PM FINAL AGENDA City Commission AGENDA Jerry Taylor Mayor – At Large Woodrow Hay Vice Mayor – District II Ron Weiland Commissioner – District I Jose Rodriguez Commissioner – District III Marlene Ross Commissioner – District IV 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 324 1. OPENINGS A. Call to order - Mayor Jerry Taylor B. Invocation C. Pledge of Allegiance to the Flag led by Commissioner Marlene Ross 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. Present Proclamation celebrating National Eating Disorders Week. B. Permit presentation of an Election Public Service Announcement. C. Presentation of Election Proclamation by Mayor Jerry Taylor D. Presentation by CRA Staff on Boynton Harbor Marina. 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. Accept the resignation of Donna Harmening, a regular member of the Library Board. B. 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 Minutes from the City Commission meeting held on January 19, 2010. 3 of 324 PROPOSED RESOLUTION NO. R10-024 B. -- Approve Interlocal Agreement between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency to provide for reimbursement of the design of public improvements on Seacrest Boulevard. PROPOSED RESOLUTION NO. R10-025 C. -- Approve a lease agreement with Clear Wireless, LLC ("Clearwire" or "Tenant") to allow for ground equipment and co-location on the existing telecommunications tower at Hester Park (1901 North Seacrest Boulevard). D. Approve the monthly report on the major projects being completed by the Recreation and Parks Department. E. Accept the FY 2009-10 Budget Status Report of General Fund & Utility Fund Revenues & Expenditures for the four month period ended January 31, 2010. . 7. BIDS AND PURCHASES OVER $100,000 None 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. Wal-Mart at Gulfstream Boulevard, (ZNCV 10-001 A. ), Zoning Variance, located at 3629 and 3675 South Federal Highway. Request approval for relief from the City of Boynton Beach Land Development Regulations, Chapter 2. Zoning, Section 8.5.B.4.a., Urban Commercial District Overlay Zone, requiring the front build-to line to be between 5 feet and 15 feet, to allow building to be setback approximately 68 feet from the east property line, resulting in a variance of 53 feet. Wal-Mart at Gulfstream Boulevard, (ZNCV 10-002), B. Zoning Variance, located at 3629 and 3675 South Federal Highway. Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2. Zoning, Section 8.5 B. 4. a., Urban Commercial District Overlay Zone, requiring the side (corner) build-to line to be between 10 feet and 15 feet, to allow the building to be setback approximately 276 feet from the south property line, resulting in a variance of 261 feet. Wal-Mart at Gulfstream Boulevard, (ZNCV 10-003), C. Zoning Variance, located at 3629 and 3675 South Federal Highway. Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2. Zoning, Section 8.5 B. 4. a., Urban Commercial District Overlay Zone, requiring the side (corner) build-to line to be between 10 feet and 15 feet, to allow the building to be setback approximately 168 feet from the west property line, resulting in a variance of 153 feet. 4 of 324 Wal-Mart at Gulfstream Boulevard, (NWSP 10-001), D. New Site Plan, located at 3629 and 3675 South Federal Highway. Request approval for new site plan approval for a proposed one-story retail building of 93,755 square feet and related site improvements on a 9.36 acre parcel. Applicant: Wal-Mart Stores East, LP. 10. CITY MANAGER’S REPORT PROPOSED RESOLUTION NO. R10-026 A. -- Amend the FY 2009-2010 budget to adjust budgeted appropriations to (1) provide spending authority for Captial Improvement Projects carried over from both encumbered and unexpended funds budgeted in FY 2008-2009, (2) transfer funds from the Parks & Recreation Facilities Fund to provide funding for specific projects and (3) reduce the General Fund (Police Department) ARRA funding of eight (8) Police Officers and an Energy Block Grant that require funding and spending in a separate Grant Fund under Federal regulations. . PROPOSED RESOLUTION NO. R10-027 B. -- Approve an updated Management Agreement between the City of Boynton Beach and the Boynton Cultural Centre, Inc. C. Authorize disposal of portable stage equipment by auction or other method (eBay) due to high labor and maintenance costs of operation. D. Authorize issuance of an RFP for Towing Rotation Franchise Agreement. E. Follow up staff report on Seacrest tree planting. F. Provide direction to staff to proceed with selection of an Architect/Engineer for the purpose of designing Police Facilities at the Renaissance Commons office building located at 1500 W. Gateway Boulevard. G. Follow-up Discussion on proposed purchase contract for office space located at 1500 Gateway Blvd for a police facility. 11. FUTURE AGENDA ITEMS A. Review of application packet and process for CRA appointments. City Commission is asked to review the application materials and selection process for appointment of a seven-member Community Redevelopment Board. The timeline for the appointment of the CRA Board per Ordinance 09-030 is subject to the discretion of the City Commission. (Tabled to April 2010) B. Review of Renovation Plan for Old Boynton Beach High School submitted to the City Commission on December 15, 2009. (Tabled to April 2010) 12. NEW BUSINESS None 13. LEGAL 5 of 324 PROPOSED ORDINANCE NO. 10-006 - SECOND READING A. -- Amend and restate Article II, Chapter 18 of Boynton Beach Code of Ordinances entitled "Employees' Pension Plan". 14. UNFINISHED BUSINESS None 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 PAM WELSH (561) 742-6013 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 324 3. A ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS February 16, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 16, 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: Present Proclamation celebrating National Eating EQUESTED CTION BY ITY OMMISSION Disorders Week. ER: Requested by Comm. Ross, National Eating Disorders week calls XPLANATION OF EQUEST attention to eating disorders such as anorexia nervosa and bulimia, which are emotional disorders that affect up to 24 million people nationally and can lead to serious physical illness and even death. When left untreated, eating disorders can fatally damage the brain, heart, bones, kidneys and liver, and strain the resources of individuals and their communities. Education and awareness efforts are often effective in decreasing the likelihood than an eating disorder will develop, and increasing the likelihood that early intervention will shorten the duration of the illness. H? The Proclamation will help raise public OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES awareness of the effects of eating disorders. FI: None ISCAL MPACT A: Not present Proclamation. LTERNATIVES 7 of 324 Eating Disorders Week Proclamation The future of the City of Boynton Beach is shaped by the health and well-being of its people. Unfortunately, the occurrence of eating disorders has increased in the past two decades, affecting the health, productivity and relationships of citizens. Eating disorders such as anorexia nervosa and bulimia are emotional disorders that affect up to 24 million people nationally and can lead to serious physical illness and even death. Many struggle with a binge eating disorder. When left untreated, eating disorders can fatally damage the brain, heart, bones, kidneys and liver, and strain the resources of individuals and their communities. Experts who have studied eating disorders estimate than one out of every 100 women between the ages of 12 and 25 suffers from anorexia nervosa; one of every seven women in the same age group develops bulimia. The also note than nearly 10 percent of all patients referred to eating disorder clinics are men. Although the causes of anorexia nervosa and bulimia are still unknown, researchers believe that a combination of psychological, environmental and physiological factors contribute to one or both of these disorders. Treatment for these disorders entails a combination of medical care and psychotherapy for the patient, and counseling for parents, spouses and siblings. Advances in our understanding of anorexia nervosa and bulimia have been made possible through the concerted efforts of scientists, physicians and counselors, as well as victims and their families. Private voluntary organizations such as The Alliance for Eating Disorders Awareness offer information regarding treatment centers, hospitals, clinics and doctors specializing in eating disorders. Education and awareness efforts are often effective in decreasing the likelihood than an eating disorder will develop, and increasing the likelihood that early intervention will shorten the duration of the illness. Now, therefore, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim February 21-27, 2010, as: National Eating Disorders Awareness Week and urge all citizens to join with concerned health care professionals in observing this week through appropriate programs and activities directed toward the prevention and cure of eating disorders. 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 16th day of February, Two Thousand Ten. 8 of 324 3. B ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS February 16, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 16, 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: Permit presentation of an Election Public Service EQUESTED CTION BY ITY OMMISSION Announcement. ER: Following discussion at the January 19, 2010, City Commission XPLANATION OF EQUEST meeting regarding publicizing the City’s March 9, 2010, General Election, Assistant City Manager Lori LaVerriere conveyed to the Commission on February 2, 2010, several of the staff’s ideas and suggestions for publicizing the election. Among the staff’s suggestions was to develop a public service announcement, which would be broadcast on the City’s television station, BBTV Comcast channel 18, as well as be posted to the City’s website and other social media websites on which the City has a presence, including YouTube, Vimeo, Flickr and Wordpress. H? This Public Service Announcement is OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES intended to help raise awareness of the General Election on March 9, 2010, and encourage citizens to exercise their right to vote. FI: None ISCAL MPACT A: Not permit presentation of Election Public Service Announcement. LTERNATIVES 9 of 324 3. C ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS February 16, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 16, 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: Presentation of Election Proclamation by Mayor Jerry EQUESTED CTION BY ITY OMMISSION Taylor ER: On February 9, 2010, the qualifying period for candidates for XPLANATION OF EQUEST Mayor At-Large, Commissioner-District 1 and Commissioner-District 3 closed. There are seven candidates for Mayor At-Large and two candidates for Commissioner-District 3. There was no opposition for Commissioner-District 1; therefore, William “Bill” Orlove is declared the winner. On March 9, 2010, we will conduct a general election to fill the seats of Mayor At- Large and one Commissioner from District 3. This Proclamation declares all of the polling locations that will be active on Election Day. H? The residents will elect the policymakers OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES for the City of Boynton Beach for the next three years. FI: The fiscal impact to the City involves the base salary and expenses of the ISCAL MPACT three positions. A: There is no alternative to having this election. Our elected officials serve LTERNATIVES three-year terms and those terms will expire in March 2010. 10 of 324 PROCLAMATION I, Gerald Taylor, Mayor of the City of Boynton Beach, Florida, do hereby proclaim that a General th Election will be held in the City of Boynton Beach, Palm Beach County, Florida, on the 9 day of March 2010 to elect one Mayor-at-Large to serve a three- year term expiring in March 2013, one Commissioner from District 1 and one Commissioner from District 3. The voting hours are between 7:00 a.m. and 7:00 p.m. on said date. Polling places are hereby designated as follows: VOTING LOCATIONS PRECINCT 3098 FREEDOM SHORES ELEMENTARY SCHOOL 3400 HYPOLUXO ROAD PRECINCT 3100 LAKE WORTH CHRISTIAN SCHOOL 7592 HIGH RIDGE ROAD PRECINCT 3101 BOYNTON LAKES CLUBHOUSE 100 REDFORD DRIVE PRECINCT 3102 NEWPORT PLACE TH 4735 NW 7 COURT PRECINCT 3122 SANTALUCES HIGH SCHOOL 6880 LAWRENCE ROAD PRECINCT 3126 BOYNTON BEACH FIRE STATION #3 3501 N CONGRESS AVENUE PRECINCT 3128 THE UNITED WAY OF PALM BEACH COUNTY 2600 QUANTUM BLVD. PRECINCT 3129 THE UNITED WAY OF PALM BEACH COUNTY 2600 QUANTUM BLVD. PRECINCT 3130 BOYNTON BEACH HIGH SCHOOL 4975 PARK RIDGE BLVD. PRECINCT 3131 THE UNITED WAY OF PALM BEACH COUNTY 2600 QUANTUM BLVD. PRECINCT 3140 BOYNTON BEACH HIGH SCHOOL 4975 PARK RIDGE BLVD. PRECINCT 3148 PALM BEACH LEISUREVILLE #1 CLUBHOUSE 1007 OCEAN DRIVE PRECINCT 3150 BOYNTON BEACH NURSING & REHAB CENTER TH 2001 SW 13 AVENUE PRECINCT 3152 BOYNTON BEACH CIVIC CENTER 128 E OCEAN AVENUE 11 of 324 PRECINCT 3154 PALM BEACH LEISUREVILLE #3 CLUBHOUSE TH 2001 SW 13 AVENUE PRECINCT 3160 TARA LAKES CLUBHOUSE 43 TARA LAKES DRIVE EAST PRECINCT 3162 BOYNTON BEACH LEISUREVILLE CLUBHOUSE TH 1807 SW 18 STREET PRECINCT 3164 GOLFVIEW HARBOUR CLUBHOUSE TH 2775 SW 14 STREET PRECINCT 3168 HUNTERS RUN COURTSIDE CAFE 3500 CLUBHOUSE LANE PRECINCT 3170 SEACRES PRESBYTERIAN CHURCH 2703 N SEACREST BLVD. PRECINCT 3172 SEACREST PRESBYTERIAN CHURCH 2703 N SEACREST BLVD. PRECINCT 4006 HUNTERS RUN COURTSIDE CAFE 3500 CLUBHOUSE LANE PRECINCT 4030 BOYNTON BEACH BOAT CLUB ST US HWY 1 & NE 21 AVENUE PRECINCT 4034 STERLING VILLAGE AUDITORIUM 500 S FEDERAL HIGHWAY PRECINCT 4040 CHRISTIAN MISSIONARY VISION (BETHESDA TABERNACLE) 2923 S. FEDERAL HIGHWAY PRECINCT 4190 HUNTERS RUN EASTGATE COURTSIDE CAFE 3500 CLUBHOUSE LANE PRECINCT 7114 EZELL HESTER COMMUNITY CENTER 1901 NORTH SEACREST BLVD. PRECINCT 7116 VILLAGE ROYALE ON THE GREEN ND 2505 NE 2 STREET PRECINCT 7120 ST. JOHN MISSIONARY BAPTIST CHURCH 900 N. SEACREST BLVD. PRECINCT 7122 BOYNTON BEACH BOAT CLUB ST US HWY 1 & NE 21 AVENUE PRECINCT 7124 BOYNTON BEACH CONGREGATIONAL CHURCH 115 NORTH FEDERAL HIGHWAY PRECINCT 7126 BOYNTON BEACH BOAT CLUB ST US HWY 1 & NE 21 AVENUE PRECINCT 7128 BOYNTON BEACH CIVIC CENTER 128 E OCEAN AVENUE 12 of 324 PRECINCT 7130 BOYNTON BEACH BOAT CLUB ST US HWY 1 & NE 21 AVENUE PRECINCT 7132 FIRST UNITED METHODIST CHURCH 101 NORTH SEACREST BLVD. PRECINCT 7134 HIGH POINT CLUBHOUSE III 230 SOUTH BLVD. PRECINCT 7136 SEACREST PRESBYTERIAN CHURCH 2703 NORTH SEACREST BLVD.. PRECINCT 7138 SEACREST PRESBYTERIAN CHURCH 2703 NORTH SEACREST BLVD. CITY OF BOYNTON BEACH ____________________________________________ GERALD TAYLOR, MAYOR ATTEST: _______________________________________ JANET M. PRAINITO, CMC CITY CLERK (Corporate Seal) 2/10/2010 11:28 AM jmp S:\CC\WP\ELECTION\Year 2010\PROC2010 - Voting Precincts.doc 13 of 324 3. D ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS February 16, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 16, 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: Presentation by CRA Staff on Boynton Harbor Marina. EQUESTED CTION BY ITY OMMISSION ER: Commissioner Weiland has requested an informational XPLANATION OF EQUEST presentation on the second phase of the Boynton Harbor Marina. H? Informational OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: Informational ISCAL MPACT A: Informational LTERNATIVES 14 of 324 5. A ADMINISTRATIVE February 16, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 16, 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: Accept the resignation of Donna Harmening, a regular EQUESTED CTION BY ITY OMMISSION member of the Library Board. ER: Donna Harmening has submitted a letter of resignation stating her XPLANATION OF EQUEST reason for the request. H? The Library Board will have a vacant OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES position. FI: None ISCAL MPACT A: None LTERNATIVES 15 of 324 16 of 324 5. B ADMINISTRATIVE February 16, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 16, 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: 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 17 of 324 18 of 324 19 of 324 6. A CONSENT AGENDA February 16, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 16, 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: Approve the Minutes from the City Commission meeting EQUESTED CTION BY ITY OMMISSION held on January 19, 2010. ER: The City Commission met on January 19, 2010 and minutes were XPLANATION OF EQUEST 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 20 of 324 21 of 324 22 of 324 23 of 324 24 of 324 25 of 324 26 of 324 27 of 324 28 of 324 29 of 324 30 of 324 31 of 324 32 of 324 33 of 324 34 of 324 35 of 324 36 of 324 37 of 324 38 of 324 39 of 324 40 of 324 41 of 324 42 of 324 43 of 324 44 of 324 45 of 324 46 of 324 47 of 324 48 of 324 49 of 324 50 of 324 51 of 324 52 of 324 53 of 324 54 of 324 55 of 324 56 of 324 6. B CONSENT AGENDA February 16, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 16, 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. R10-024 -- Approve EQUESTED CTION BY ITY OMMISSION Interlocal Agreement between the City of Boynton Beach and the Boynton Beach Communuity Redevelopment Agency to provide for reimbursement of the design of public improvements on Seacrest Boulevard. th ER: On April 7, 2009 the City Commission approved the piggy back of XPLANATION OF EQUEST the CRA agreement with Kimely Horn & Associates, Inc. for design services for the Seacrest Boulevard Streetscape project. The CRA’s independent auditor recommended that in order to reimburse the City for Kimley- Horn’s design services a formal Interlocal Agreement was necessary. On January 12, 2010 the CRA Board approved the Interlocal Agreement. H? The project scope will include, but is not OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES limited to raised median sections, mill and resurfacing, landscaping, irrigation, reclaimed water line, street lighting, sidewalk, and signing & pavement markings. FI: All design costs for the project will be borne by the CRA and reimbursed to the ISCAL MPACT City. A: Do not approve Interlocal Agreement and receive no reimbursement from the LTERNATIVES CRA. 57 of 324 RESOLUTION NO. R10-024 A RESOLUTION OF THE CITY COMMISSION OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY TO PROVIDE FOR REIMBURSEMENT OF THE DESIGN OF PUBLIC IMPROVEMENTS ON SEACREST BOULEVARD; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on April 7, 2009 the City Commission approved a piggy-back of a CRA Agreement with Kimley-Horn & Associates for design services for the Seacrest Boulevard Streetscape project; and WHEREAS , in order to reimburse the City for Kimley-Horn’s design services the CRA’s independent auditor recommended that a formal Interlocal Agreement was necessary; and WHEREAS , the City Commission of the City of Boynton Beach, upon recommendation of staff, deems it to be in the best interests of the residents and citizens of the City of Boynton Beach to approve and authorize the Mayor to execute the Interlocal Agreement between the City of Boynton Beach and Boynton Beach Community Redevelopment Agency to provide for reimbursement of the design of public improvements on Seacrest Boulevard. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve and authorize the Mayor to execute the Interlocal Agreement between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency to provide for reimbursement of the design of public improvements on Seacrest Boulevard, a copy of said Agreement is attached hereto as Exhibit “A”. 58 of 324 Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of February, 2010. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor ______________________________ Vice Mayor – Woodrow L. Hay ______________________________ Commissioner – Ronald Weiland _______________________________ Commissioner – Jose Rodriguez _______________________________ Commissioner – Marlene Ross ATTEST: _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 59 of 324 60 of 324 61 of 324 62 of 324 63 of 324 64 of 324 65 of 324 66 of 324 67 of 324 68 of 324 69 of 324 70 of 324 6. C CONSENT AGENDA February 16, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 16, 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. R10-025 -- Approve a EQUESTED CTION BY ITY OMMISSION lease agreement with Clear Wireless, LLC ("Clearwire" or "Tenant") to allow for ground equipment and co-location on the existing telecommunications tower at Hester Park (1901 North Seacrest Boulevard). ER: Property has been leased from the City by Sprint Spectrum since XPLANATION OF EQUEST June of 2001 for a telecommunications tower at Hester Park (Resolution R01-200). The original lease agreement for the site requires each additional tenant (co-locator) with ground equipment to have a separate lease agreement with the City for their ground space. Clear Wireles is proposing to co-locate antennas at 136 feet high on the 150 foot monopole tower, nd and will be the 2 carrier/user on the tower which is designed for 140 mph windloads. All ground equipment for the proposed Clear Wireless co-location will be contained within the existing fenced tower lease area and will comply with required setbacks. If approved, Clear Wireless would then pursue all necessary building permits for the co-location. Staff recommends that this request be approved thereby allowing the co-location within the existing lease parcel to accommodate Clear Wireless equipment, and avoid the current need for an additional tower in the immediate area. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: The City would receive an additional $300.00 per month for 5 successive five ISCAL MPACT (5) year periods for rental of 49 square feet within the existing lease area. A: Not approve the proposed lease agreement thereby not allowing co-location LTERNATIVES on an existing tower. 71 of 324 RESOLUTION NO. R10-025 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH CLEAR WIRELESS, LLC., TO ALLOW FOR GROUND EQUIPMENT AND CO-LOCATION ON THE EXISTING TELECOMMUNICATIONS TOWER AT HESTER PARK LOCATED AT 1901 NORTH SEACREST BOULEVARD; AND PROVIDING AN EFFECTIVE DATE. WHEREAS , the property has been leased from the City by Sprint Spectrum since June, 2001 for a telecommunications tower at Hester Park (Resolution R01-200); and WHEREAS , the original Lease Agreement for the site requires that each additional tenant with ground equipment have a separate lease agreement with the City for their own ground space; and WHEREAS, Clear Wireless is proposing to co-locate antennas at 136 feet high on the 150 foot monopole tower and to co-locate ground equipment within the existing fenced tower lease area and comply with setbacks; and WHEREAS , collocation is encouraged to prevent the proliferation of telecommunications towers in the City of Boynton Beach; and WHEREAS , staff has reviewed the request for collocation and recommends that the City consent to the request. 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 the City Manager to execute the Lease Agreement between the City of Boynton Beach and Clear Wireless, LLC., to allow for ground equipment and co-location on the existing telecommunications tower at Hester Park located at 1901 North Seacrest Boulevard, Boynton Beach, a copy of said Lease Agreement is attached hereto as Exhibit “A”. 72 of 324 Section 3. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this _____ day of February, 2010. CITY OF BOYNTON BEACH, FLORIDA ____________________________ Mayor – Jerry Taylor ____________________________ Vice Mayor – Woodrow L. Hay ____________________________ Commissioner – Ronald Weiland ____________________________ Commissioner – Jose Rodriguez ____________________________ Commissioner – Marlene Ross ATTEST: _______________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 73 of 324 74 of 324 75 of 324 76 of 324 77 of 324 78 of 324 79 of 324 80 of 324 81 of 324 82 of 324 83 of 324 84 of 324 85 of 324 86 of 324 87 of 324 88 of 324 89 of 324 90 of 324 91 of 324 92 of 324 93 of 324 94 of 324 95 of 324 96 of 324 97 of 324 98 of 324 99 of 324 100 of 324 101 of 324 102 of 324 103 of 324 104 of 324 105 of 324 106 of 324 107 of 324 108 of 324 109 of 324 110 of 324 111 of 324 112 of 324 113 of 324 114 of 324 6. D CONSENT AGENDA February 16, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 16, 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: Approve the monthly report on the major projects being EQUESTED CTION BY ITY OMMISSION completed by the Recreation and Parks Department. ER: XPLANATION OF EQUEST PARK BUDGET STATUS AMOUNT Barton Greenway $116,070 Plans being reviewed by FDOT and Palm Beach County. 100% funded by FDOT. No City funds required. Boat Club $417,500 Project underway. Estimated completion is June 2010. Renovation Hester Park and $388,000 Energy retrofit using grant from Department of Center Energy Energy. No City funds will be expended. Retrofit Oceanfront $1,640,000 Project was sent to bid on October 21. The bid Boardwalk opening was December 8. Target date for construction commencement is February. Palmetto $400,000 Plans being reviewed by FDOT and Palm Beach Greenway County. 100% funded by FDOT. No City funds Extension required. Jaycee Park 154,090 50% Matching grant from Florida Inland Navigation Environmental Art District (FIND). Project is being designed. Estimated Markers completion date is October 2010. H? For purposes of this report, N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES 115 of 324 FI: For purposes of this report, N/A ISCAL MPACT A: For purposes of this report, N/A LTERNATIVES 116 of 324 6. E CONSENT AGENDA February 16, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 16, 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: Accept the FY 2009 -10 Budget Status Report of General EQUESTED CTION BY ITY OMMISSION Fund & Utility Fund Revenues & Expenditures for the four month period ended January 31, 2010. . ER: As in prior monthly reports, we are summarizing and providing this XPLANATION OF EQUEST analysis of actual revenues and expenditures of the City’s General Fund and Utility Fund for the four month period ended January 31, 2010. The analysis compares  Actual results for the current period to the annual budget and  Actual results for the same period of the prior year annual budget. H? The report is one of the financial reporting OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES services of the Finance Department for the purpose of providing interim financial information to the City Commission and to City Management, FI: The fiscal impact of the actual budgetary results to date for the General Fund ISCAL MPACT and the Utility Fund follow. GENERAL FUND The FY 2010 annual budget of $72.5 million represents a 2% decrease from the FY 2009 budget of $73.9 million. However, in order to balance the budget in FY 2010, it required the following two non-revenue funding sources.  A fund balance appropriation of $3.5 million and  Transfers from other funds of $22.4 million representing 31% of all fund sources. 117 of 324 This is an unusually high 36% of our total budget. For the four months in FY 2010,  Revenues and transfers realized are $36.3 million (50%) of the budget estimate.  Expenditures incurred are $21.4 million (30%) of the annual appropriated budget. FY 2010FY 2009FY 2010 vs. 2009 Annual Annual Actual to DateActual to Date BudgetActual BudgetBudget (*) Amount%Amount%%% Revenues & Transfers$ 72,537$ 36,36950%$ 73,963$ 36,042 49%-2%1% Expenditures$ (72,537)$ (21,477)30%$ (73,963)$ (26,503)36%-2%-19% Excess (Deficit)$ -$ 14,892$ -$ 9,539 (*) The FY 2009 budget represents the final amended budget for the year. The original budget for the year was $70.7 million as noted on Exhibits A and B. The difference represented the transfer of funding sources and an equal amount of expenditures from the Fire Assessment Fund. The following summarizes the major revenues and expenditures to date. Revenues & Transfers (Exhibit A) - Overall, with $36.3 million received to date, we are slightly ahead, but generally on track for receiving estimated funding sources; both at this point in time during the fiscal year and in comparison to last year for individual sources. In the current year, these funding sources can be summarized into three major groups making up the total percentage of the budget: 1. 36% - $ 26.0 M – Property taxes less Tax Increment Financing to the CRA The majority of property taxes are received in December (versus ratably over the year) and the CRA is sent 100% of their taxes in December. We monitor receipts in % comparison to last year. 2. 36% - $ 25.9 M – Transfers from other funds and Fund balance appropriated Current practice is to make 1/12 of these funding sources available to the General Fund monthly. We initiated this midway last year. 3. 28% - $ 20.6 M – We monitor all other revenues closely comparing to last year. 100% - $ 72.5 M – Total funding sources Expenditures (Exhibit B) – General Fund expenditures to date are $21.7 million (30%) of the $72.5 million expenditure appropriation for FY 2010. The current appropriation represents a 2% decrease of $1.4 million compared to FY 2009. The graph at the bottom of Exhibit B displays actual expenditures of $21.4 million are on track with the budget yet below the $26.5 million actual spending levels in FY 2009 for this same period. UTILITY FUND 118 of 324 The FY 2010 annual expenditure budget of $33.0 million represents nearly a 7% decrease from the FY 2009 budget of $35.4 million. At the same time, necessary rate increases result in an estimated $2.4 million fund balance increase to offset the FY 2009 deficit of $4.8 million. In FY 2009, with declining water consumption, revenues were insufficient to cover the expenditure budget resulting in a necessary appropriation of fund balance of $4.8 million last year to cover the budgeted expenditures. Considering the need to balance the budget and make up for the budgeted deficit, the following occurred last year.  Necessary rate increases were approved and put in place on May 1 resulting in added revenues of $2.5 million to partially offset the $4.8 million estimated deficit.  Added expenditure reductions were implemented resulting in actual expenditures of $30.0 million vs. the $35.4 million originally appropriated; resulting in a $5.4 million savings of 15%. For the four months (33%) of FY 2010,  Revenues realized are $11.0 million (34%) of the annual budget estimate.  Expenditures incurred are $10.0 million (30%) of the annual appropriated budget. This results in an excess of revenues over expenditures of $1.0 million. FY 2010FY 2009FY 2010 vs. 2009 Annual Annual Actual to DateActual to Date BudgetActual BudgetBudget Amount%Amount%%% Revenues$ 33,034 $ 11,084 34%$ 35,442 $ 11,347 32%-7%-2% Expenditures$ (33,034)$ (10,005)30%$ (35,442)$ (9,225)26%-7%8% Excess (Deficit)$ -$ 1,079 $ -$ 2,122 The following provides brief comments on revenues and expenditures to date. Revenues (Exhibit C) - The $11.0 million in FY 2010 revenues and fund balance appropriation substantially equals the $11.3 million to date in FY 2009, but with two distinctive differences:  Water Sales - $5.5 million = 35% of the annual estimate, compared to $3.8 million at this point in FY 2009. This $1.7 million difference results from water rate increases are fully in place this year whereas they were not implemented in FY 2009 until May 1, 2009.  Last year in FY 2009, $1.6 million of fund balance appropriation was recognized as a funding source. However, this year in FY 2010, we are recognizing a return to fund balance of $821 thousand. The May 1, 2009 water and sewer rate increases should provide for adequate bond debt service coverage that was in jeopardy prior to the increases. Expenditures (Exhibit D) – Utility Fund expenditures to date are $10.0 million or 30% of the annual appropriation compared to the 33% portion of the current FY 2010 elapsed budget period. Individual percentage variances are noted on Exhibit D noting that all departmental 119 of 324 accounts are operating within their budget at this point in the year. A: Discuss this Budget Status Report or request clarification at the City LTERNATIVES Commission meeting. 120 of 324 121 of 324 122 of 324 123 of 324 124 of 324 9. A PUBLIC HEARING February 16, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 16, 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: Wal-Mart at Gulfstream Boulevard, (ZNCV 10-001), EQUESTED CTION BY ITY OMMISSION Zoning Variance, located at 3629 and 3675 South Federal Highway. Request approval for relief from the City of Boynton Beach Land Development Regulations, Chapter 2. Zoning, Section 8.5.B.4.a., Urban Commercial District Overlay Zone, requiring the front build-to line to be between 5 feet and 15 feet, to allow building to be setback approximately 68 feet from the east property line, resulting in a variance of 53 feet. ER: Asking approval for the zoning variance (ZNCV 10-001) to allow XPLANATION OF EQUEST the front build-to line to be between 5 feet and 15 feet to allow the building to be setback approximately 68 feet from the east property line resulting in a variance of 53 feet of a one- story retail building of 93,755 square feet on a 9.36 acre parcel. The applicant indicates that positioning the building along Federal Highway would create circulation problems for truck deliveries and place a vast amount of customer parking along the rear and side of the building. Additionally, there is an existing 20 foot wide utility easement on the west side of Federal Highway, in which a building could not be constructed. The Urban Commercial District Overlay Zone was adopted to place buildings closer to the roadway, making parking subordinate and to provide opportunity for buildings to have a greater urban look, through certain façade enhancements. Staff believes the Wal-Mart representatives have submitted a standard suburban big box retail store and that additional architectural treatments are warranted on the building facades to contribute to the urban look envisioned for the Federal Highway Corridor, particularly to offset the greater building setback. 125 of 324 The Planning & Development Board reviewed the request on January 26, 2010 and forwards it to the Commission with a recommendation of approval subject to all staff comments and the additional condition requiring placement of a continuous trellis (possibly meaning a pergola) and plantings along the front of the property Staff continues to also recommend that the project be approved, subject to all staff comments. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: Project will eliminate blighted conditions at an abandoned shopping center at ISCAL MPACT an entry point into the City, and contribute positively to the City’s property tax base. A: Deny approval of subject request. LTERNATIVES 126 of 324 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 10-005 STAFF REPORT TO: Chair and Members Planning & Development Board and City Commission THRU: Michael W. Rumpf Planning and Zoning Director FROM: Ed Breese Principal Planner DATE: January 5, 2010 PROJECT NAME/NO: WalMart at Gulfstream Boulevard Front Setback (ZNCV 10-001) Side Corner Setback (ZNCV 10-002) Side Corner Setback (ZNCV 10-003) REQUEST: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 8.5 B. 4. a., Urban Commercial District Overlay Zone, requiring the front build-to line to be between 5 feet and 15 feet, to allow the building to be setback approximately 68 feet from the east property line, resulting in a variance of 53 feet; and Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 8.5 B. 4. a., Urban Commercial District Overlay Zone, requiring the side (corner) build-to line to be between 10 feet and 15 feet, to allow the building to be setback approximately 276 feet from the south property line, resulting in a variance of 261 feet; and Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 8.5 B. 4. a., Urban Commercial District Overlay Zone, requiring the side (corner) build-to line to be between 10 feet and 15 feet, to allow the building to be setback approximately 168 feet from the west property line, resulting in a variance 153 feet. PROJECT DESCRIPTION Property Owner: Thirty Six Hundred Holdings, LLC Applicant/Agent: Lucas Anthony, Kimley-Horn and Associates, Inc. Location: 3629 & 3675 South Federal Highway (see Exhibit “A” – 127 of 324 Location Map) Acreage: 9.36 acres Proposed Use: Retail Store (93,755 sf) Zoning District: Community Commercial (C-3) Adjacent Uses: North: Developed property (self-service storage) classified Local Retail Commercial and zoned C-3 Community Commercial; South: Right-of-way of Gulfstream Boulevard, then developed commercial (fast-food and office building) classified Local Retail Commercial and zoned C-3 Community Commercial; East: Right-of-way of Federal Highway then undeveloped property in the Town of Gulfstream classified Recreation and zoned OR Outdoor Recreation; and West: Rights-of-way of Old Dixie Highway and the Florida East Coast Railroad, then partially constructed property (Estates at Heritage Club) classified Medium Density Residential (MEDR) and zoned Planned Unit Development (PUD). BACKGROUND The subject property is currently developed with a one (1)-story shopping center (former Gulstream Mall) and related parking areas, as well as an ouparcel building (former nightclub) at the northwest corner of South Federal Highway and Gulfstream Boulevard. The intent is to raze the existing shopping center and outbuilding and redevelop the site. On July 5, 2006 the subject property was reclassified from Local Retail Commercial (LRC) to Special High Density Residential (SHDR) and rezoned from Community Commercial (C-3) to Infill Planned Unit Development (IPUD) for a Mixed Use development known as Heritage Club (LUAR 05-005, NWSP 05-015). The approved site plan for the mixed use project expired and on January 20, 2009, the City Commission reverted the land use and zoning back to Local Retail Commercial (LRC) and Community Commercial (C-3), respectively. Mr. Lucas Anthony, of Kimley-Horn and Associates, as agent for the applicant, is proposing a one-story retail building of 93,755 square feet on a 9.36 acre parcel located at the northwest corner of South Federal Highway and Gulfstream Boulevard. The applicant is requesting concurrent zoning code variances of the Urban Commercial District Overlay Zone regulations (Chapter 2, Zoning, Section 8.5, Overlay Zones, B. Urban Commercial District Overlay Zone 4. a.), which require buildings to be brought forward on commercial properties to form an urban edge and for parking to be placed behind the front of the building. In this instance, the property fronts on three (3) roadways; Federal Highway, Gulfstream Boulevard and Dixie Highway. The applicant is therefore seeking relief from the regulations of the Urban Commercial District Overlay Zone, requiring the front build-to line to be between 5 feet and 15 feet, to allow the building to be setback approximately 68 feet from the east property line, resulting in a variance 128 of 324 of 53 feet. Additionally, the applicant is requesting relief from the side (corner) build-to line requirement of between 10 feet and 15 feet, to allow the building to be setback approximately 276 feet from the south property line and 168 feet from the west property line, resulting in variances of 261 feet and 153 feet, respectively. ANALYSIS a. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. The property is located on the west side of Federal Highway, on the north side of Gulfstream Boulevard. The parcel extends westward from Federal Highway to Dixie Highway, and has frontage on all three (3) roadways. The applicant indicates in the justification statement (see Exhibit “C”) that positioning the building along Federal Highway would create circulation problems for truck deliveries and place a vast amount of customer parking along the rear and side of the building. Additionally, the applicant notes that there is an existing 20 foot utility easement on the west side of Federal Highway, inwhich a building could not be constructed. The purpose of the Urban Commercial District Overlay Zone regulations is to encourage redevelopment of commercially-zoned parcels in a manner consistent with the pattern of Mixed Use developments, improve the aesthetic and pedestrian streetscape environments by preventing parking areas between the building and roadway, and maximize harmony with adjoining developments. Staff has continually sought to bring buildings forward and have parking placed behind the building line in all redevelopment projects along Federal Highway. This is the first large retail building to truly test the Urban Commercial District Overlay Zone regulations. In addition, this is the first project subject to these regulations to have frontage on three roadways. Staff attempts to write zoning regulations to implement the City’s redevelopment initiatives and vision; however, not all regulations properly fit or apply to every situation. Ideally, a retail building fronting on two (2) roadways would be placed forward on the property to create a street edge, with parking along the side and rear of the building. This property fronts on three (3) roadways, which makes compliance with this set of regulations nearly impossible. As the applicant notes, there is an existing 20 foot wide utility easement along Federal Highway and a 12 foot wide utility easement along Gulfstream Boulevard that cannot be encroached upon with any building. While it is true that variances would be necessary for practically any building layout on this site, the question could be asked, is this the minimum variance necessary to make the site function for the intended use. It could be argued that the building could be moved closer to Federal Highway, immediately behind the utility easement. However, the northerly entrance to the site is aligned with a median break in Federal Highway for northbound turning movements onto the site. In order to not mix the truck traffic movements along the north side (rear) of the building, this entry drive is curved southward to bring motorists to the front of the store. This adds an additional 24 feet to that setback, and when the pedestrian sidewalk and foundation landscaping is added in, the building ends up with a setback of approximately 60 feet, that practically mirrors that of the existing vacant shopping center on the site. In comparing the proposed building location with that of surrounding properties, to determine if the location is in 129 of 324 harmony with the surrounding development, the leading building edge of the storage facility immediately to the north of this property is setback approximately 65 feet from Federal Highway, with the majority of front building line approximately 130 feet back. The Dunkin’ Donuts building to the south, across Gulfstream Boulevard is setback 50 feet from Federal Highway. b. That the special conditions and circumstances do not result from the actions of the applicant. The applicant states that the special conditions and circumstances surrounding the property and utility easements are not the result of actions on the part of WalMart. Staff would have to agree with the applicant that the easements have been in place to serve a gravity sewer line feeding a regional lift station, long before WalMart began designing their site layout, thus supporting the statement that the situation is not a result of their actions. c. That granting of the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. The applicant states that, “The granting of the variance requested will not confer on WalMart any special privilege. It is the result of the special conditions and circumstances set forth to the responses above”. The granting of the variances involved should not confer on the applicant any special privileges denied to others in the same zoning district. As noted previously,staff attempts to write zoning regulations to cover every possible scenario; however, not all regulations cover every situation. Such a large retail building with an expansive service area for commercial truck deliveries and circulation, limits the customer parking and circulation movements, so as not to conflict with this service aspect. While these regulations work better with the smaller retail and office operations, staff may need to revisit these regulations relative to big box type projects. d. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. The applicant states, “The enforcement of the overlay design requirements to place the proposed WalMart store closer to Federal Highway will result in the inability of WalMart to construct a commercial building on this property”. The applicant has proposed a building which is as close to Federal Highway (approximately 68 feet) as it can be placed, given the presence of existing utility lines and challenges to providing safe on and off site traffic circulation and parking. 130 of 324 e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. There is not a standard definition for “minimum variance” and “reasonable use”, however, as indicated under the response to criterion “a” above, the applicant has provided the reasons for the need to construct the building as proposed, based on existing utilities, traffic circulation and parking layout. While staff does not believe that reasonable use of the land could not be achieved without the granting of all three (3) variances, the type of building and operation proposed by the applicant does require a combination of variances to be approved, due to the previously discussed utility easements and safe and separate site circulation requirements. f. That the granting of the variance will be in harmony with the general intent and purpose of this chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. The applicant believes that the granting of the proposed variances, “will actually benefit the area involved and the public welfare by bringing new commercial development to the CRA district and the City”. Based upon the properties north and south of the proposed site, the setback variances would appear to be in harmony with the built environment, however not in harmony with the general intent and purpose of the Urban Commercial District Overlay Zone regulations. These regulations set forth the vision represented by the Federal Highway CorridorRedevelopment Plan, which is emerging through the design and presence of buildings in the Mixed Use, PUD and IPUD zoning districts. Staff requested the applicant add certain design details to the proposed building to assist in the continuation of this visual harmony, despite the greater setback. While the applicant has provided certain architectural enhancements on the building facades, it has not been enough to create the urban commercial look intended by the City’s regulations, particularly for a project located at the gateway entrance to the City. As listed in the Conditions of Approval for the corresponding New Site Plan application, staff is recommending certain architectural enhancements in exchange for the greater setbacks, so as to contribute to the implementation of the redevelopment plan designs for Federal Highway. g. For variances to minimum lot area or lot frontage requirements, that property is not available from adjacent properties in order to meet these requirements, or that theacquisition of such property would cause the adjacent property or structures to become nonconforming. Applicant shall provide an affidavit with the application for variance stating that the above mentioned conditions exist with respect to the acquisition of additional property. Since the requests are for relief from the Urban Commercial District Overlay Zone regulations particular to building setbacks, this criterion is not applicable. RECOMMENDATION 131 of 324 Staff has reviewed these variance applications against the intent of the Federal Highway Corridor Redevelopment Plan and corresponding site standards. While the proposed location of the WalMart building is not as contemplated in the plan, or intended by the overlay setback standards, there are certain limitations and restrictions on the property which prohibit total compliance, and which are not the result of actions of the applicant. These site restrictions include the utility easements immediately abutting the rights-of-way, property frontage on three separate rights-of-way and site designs to maximize separation of truck traffic from other motorists and pedestrians. Based upon the analysis contained herein, staff has concluded that the variance criteria have been met and the variances are justified. However, as noted in the analysis, staff believes additional architectural treatments are warranted on the building facades to contribute to the urban look despite the greater building setback. Therefore staff recommends approval of the three (3) variance requests, subject to the conditions of approval contained in Exhibit “D”. Any conditions of approval recommended by the Board and required by the City Commission will be placed in Exhibit “D” accordingly. S:\Planning\SHARED\WP\PROJECTS\WalMart\WalMart @ Gulfstream\ZNCV's 10-001, 10-002 & 10-003.doc 132 of 324 133 of 324 134 of 324 135 of 324 136 of 324 137 of 324 138 of 324 EXHIBIT "D" Conditions of Approval Project name: Wal-Mart @ Gulfstream File number: ZNCV 10-001, ZNCV 10-002, ZNCV 10-003 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- Forestry Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 1. Staff recommends certain architectural enhancements (as detailed in the X COA’s for the concurrent NWSP staff report) in exchange for the greater setbacks, so as to contribute to the implementation of the redevelopment plan designs for Federal Highway. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 139 of 324 DEPARTMENTS INCLUDE REJECT 2 Provide a continuous trellis (pergola) and plantings along the front of X the property extending east from the south driveway to the south side of the central driveway on the east side. ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Wal Mart\Walmart @ Gulfstream\ZNCV COA's (1,2,3).doc S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc 140 of 324 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Walmart at Gulfstream APPLICANT’S AGENT: Lucas Anthony- Kimley Horn & Associates, Inc. st APPLICANT’S ADDRESS: 601 21 Street, Suite 300, Vero Beach, FL 32960 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 16, 2010 TYPE OF RELIEF SOUGHT: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 8.5 B. 4. a., Urban Commercial District Overlay Zone for front and side property build-to lines, on a 9.36 acre parcel located at the northwest corner of South Federal Highway and Gulfstream Boulevard. LOCATION OF PROPERTY: 3629 and 3675 South Federal Highway DRAWING(S): SEE EXHIBIT “B” ATTACHED HERETO. ____X__ THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR ________ THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City’s Land Development Regulations. 2. The Applicant ___ HAS ___ HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit “C” with notation “Included”. 4. The Applicant’s application for relief is hereby ___ GRANTED subject to the conditions referenced in paragraph 3 hereof. ___ DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other ____________________________________________________________ DATED:__________________________ ______________________________________ 141 of 324 City Clerk S:\Planning\SHARED\WP\PROJECTS\WalMart\Walmart @ Gulfstream\ZNCV 10-001, 10-002 & 10-003\DO New 11-09.doc 142 of 324 143 of 324 144 of 324 145 of 324 146 of 324 147 of 324 148 of 324 149 of 324 150 of 324 151 of 324 152 of 324 153 of 324 9. B PUBLIC HEARING February 16, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 16, 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: Wal-Mart at Gulfstream Boulevard, (ZNCV 10-002), EQUESTED CTION BY ITY OMMISSION Zoning Variance, located at 3629 and 3675 South Federal Highway. Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2. Zoning, Section 8.5 B. 4. a., Urban Commercial District Overlay Zone, requiring the side (corner) build-to line to be between 10 feet and 15 feet, to allow the building to be setback approximately 276 feet from the south property line, resulting in a variance of 261 feet. ER: Applicant is asking approval for the zoning variance (ZNCV 10- XPLANATION OF EQUEST 002) to allow the side (corner) build-to line to be between 10 feet and 15 feet, to allow the building to be setback approximately 276 feet from the south property line, resulting in a variance of 261 feet of a one-story retail building of 93,755 square feet on a 9.36 acre parcel. The applicant indicates that positioning the building along Gulfstream Boulevard would create circulation problems for truck deliveries and place a vast amount of customer parking along the rear and side of the building. Additionally, there is an existing 12 foot wide utility easement on the north side of Gulfstream Boulevard, in which a building could not be constructed. The Urban Commercial District Overlay Zone was adopted to place buildings closer to the roadway, making parking subordinate and to provide opportunity for buildings to have a greater urban look, through certain façade enhancements. Staff believes the Wal-Mart representatives have submitted a standard suburban big box retail store and that additional architectural treatments are warranted on the building facades to contribute to the urban look despite the greater building setback. The Planning & Development reviewed the request on January 26, 2010 and forwards it to the Commission with a recommendation of approval, with the additional condition requiring placement of a continuous trellis (possibly meaning a pergola) and plantings along the front of 154 of 324 the property extending east from the south driveway to the south side of the central driveway on the east side. Staff continues to also recommend that the project be approved, subject to all staff comments. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: Project will eliminate blighted conditions at an abandoned shopping center at ISCAL MPACT an entry point into the City, and contribute positively to the City’s property tax base. A: Deny approval of subject request. LTERNATIVES 155 of 324 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 10-005 STAFF REPORT TO: Chair and Members Planning & Development Board and City Commission THRU: Michael W. Rumpf Planning and Zoning Director FROM: Ed Breese Principal Planner DATE: January 5, 2010 PROJECT NAME/NO: WalMart at Gulfstream Boulevard Front Setback (ZNCV 10-001) Side Corner Setback (ZNCV 10-002) Side Corner Setback (ZNCV 10-003) REQUEST: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 8.5 B. 4. a., Urban Commercial District Overlay Zone, requiring the front build-to line to be between 5 feet and 15 feet, to allow the building to be setback approximately 68 feet from the east property line, resulting in a variance of 53 feet; and Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 8.5 B. 4. a., Urban Commercial District Overlay Zone, requiring the side (corner) build-to line to be between 10 feet and 15 feet, to allow the building to be setback approximately 276 feet from the south property line, resulting in a variance of 261 feet; and Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 8.5 B. 4. a., Urban Commercial District Overlay Zone, requiring the side (corner) build-to line to be between 10 feet and 15 feet, to allow the building to be setback approximately 168 feet from the west property line, resulting in a variance 153 feet. PROJECT DESCRIPTION Property Owner: Thirty Six Hundred Holdings, LLC Applicant/Agent: Lucas Anthony, Kimley-Horn and Associates, Inc. Location: 3629 & 3675 South Federal Highway (see Exhibit “A” – 156 of 324 Location Map) Acreage: 9.36 acres Proposed Use: Retail Store (93,755 sf) Zoning District: Community Commercial (C-3) Adjacent Uses: North: Developed property (self-service storage) classified Local Retail Commercial and zoned C-3 Community Commercial; South: Right-of-way of Gulfstream Boulevard, then developed commercial (fast-food and office building) classified Local Retail Commercial and zoned C-3 Community Commercial; East: Right-of-way of Federal Highway then undeveloped property in the Town of Gulfstream classified Recreation and zoned OR Outdoor Recreation; and West: Rights-of-way of Old Dixie Highway and the Florida East Coast Railroad, then partially constructed property (Estates at Heritage Club) classified Medium Density Residential (MEDR) and zoned Planned Unit Development (PUD). BACKGROUND The subject property is currently developed with a one (1)-story shopping center (former Gulstream Mall) and related parking areas, as well as an ouparcel building (former nightclub) at the northwest corner of South Federal Highway and Gulfstream Boulevard. The intent is to raze the existing shopping center and outbuilding and redevelop the site. On July 5, 2006 the subject property was reclassified from Local Retail Commercial (LRC) to Special High Density Residential (SHDR) and rezoned from Community Commercial (C-3) to Infill Planned Unit Development (IPUD) for a Mixed Use development known as Heritage Club (LUAR 05-005, NWSP 05-015). The approved site plan for the mixed use project expired and on January 20, 2009, the City Commission reverted the land use and zoning back to Local Retail Commercial (LRC) and Community Commercial (C-3), respectively. Mr. Lucas Anthony, of Kimley-Horn and Associates, as agent for the applicant, is proposing a one-story retail building of 93,755 square feet on a 9.36 acre parcel located at the northwest corner of South Federal Highway and Gulfstream Boulevard. The applicant is requesting concurrent zoning code variances of the Urban Commercial District Overlay Zone regulations (Chapter 2, Zoning, Section 8.5, Overlay Zones, B. Urban Commercial District Overlay Zone 4. a.), which require buildings to be brought forward on commercial properties to form an urban edge and for parking to be placed behind the front of the building. In this instance, the property fronts on three (3) roadways; Federal Highway, Gulfstream Boulevard and Dixie Highway. The applicant is therefore seeking relief from the regulations of the Urban Commercial District Overlay Zone, requiring the front build-to line to be between 5 feet and 15 feet, to allow the building to be setback approximately 68 feet from the east property line, resulting in a variance 157 of 324 of 53 feet. Additionally, the applicant is requesting relief from the side (corner) build-to line requirement of between 10 feet and 15 feet, to allow the building to be setback approximately 276 feet from the south property line and 168 feet from the west property line, resulting in variances of 261 feet and 153 feet, respectively. ANALYSIS a. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. The property is located on the west side of Federal Highway, on the north side of Gulfstream Boulevard. The parcel extends westward from Federal Highway to Dixie Highway, and has frontage on all three (3) roadways. The applicant indicates in the justification statement (see Exhibit “C”) that positioning the building along Federal Highway would create circulation problems for truck deliveries and place a vast amount of customer parking along the rear and side of the building. Additionally, the applicant notes that there is an existing 20 foot utility easement on the west side of Federal Highway, inwhich a building could not be constructed. The purpose of the Urban Commercial District Overlay Zone regulations is to encourage redevelopment of commercially-zoned parcels in a manner consistent with the pattern of Mixed Use developments, improve the aesthetic and pedestrian streetscape environments by preventing parking areas between the building and roadway, and maximize harmony with adjoining developments. Staff has continually sought to bring buildings forward and have parking placed behind the building line in all redevelopment projects along Federal Highway. This is the first large retail building to truly test the Urban Commercial District Overlay Zone regulations. In addition, this is the first project subject to these regulations to have frontage on three roadways. Staff attempts to write zoning regulations to implement the City’s redevelopment initiatives and vision; however, not all regulations properly fit or apply to every situation. Ideally, a retail building fronting on two (2) roadways would be placed forward on the property to create a street edge, with parking along the side and rear of the building. This property fronts on three (3) roadways, which makes compliance with this set of regulations nearly impossible. As the applicant notes, there is an existing 20 foot wide utility easement along Federal Highway and a 12 foot wide utility easement along Gulfstream Boulevard that cannot be encroached upon with any building. While it is true that variances would be necessary for practically any building layout on this site, the question could be asked, is this the minimum variance necessary to make the site function for the intended use. It could be argued that the building could be moved closer to Federal Highway, immediately behind the utility easement. However, the northerly entrance to the site is aligned with a median break in Federal Highway for northbound turning movements onto the site. In order to not mix the truck traffic movements along the north side (rear) of the building, this entry drive is curved southward to bring motorists to the front of the store. This adds an additional 24 feet to that setback, and when the pedestrian sidewalk and foundation landscaping is added in, the building ends up with a setback of approximately 60 feet, that practically mirrors that of the existing vacant shopping center on the site. In comparing the proposed building location with that of surrounding properties, to determine if the location is in 158 of 324 harmony with the surrounding development, the leading building edge of the storage facility immediately to the north of this property is setback approximately 65 feet from Federal Highway, with the majority of front building line approximately 130 feet back. The Dunkin’ Donuts building to the south, across Gulfstream Boulevard is setback 50 feet from Federal Highway. b. That the special conditions and circumstances do not result from the actions of the applicant. The applicant states that the special conditions and circumstances surrounding the property and utility easements are not the result of actions on the part of WalMart. Staff would have to agree with the applicant that the easements have been in place to serve a gravity sewer line feeding a regional lift station, long before WalMart began designing their site layout, thus supporting the statement that the situation is not a result of their actions. c. That granting of the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. The applicant states that, “The granting of the variance requested will not confer on WalMart any special privilege. It is the result of the special conditions and circumstances set forth to the responses above”. The granting of the variances involved should not confer on the applicant any special privileges denied to others in the same zoning district. As noted previously,staff attempts to write zoning regulations to cover every possible scenario; however, not all regulations cover every situation. Such a large retail building with an expansive service area for commercial truck deliveries and circulation, limits the customer parking and circulation movements, so as not to conflict with this service aspect. While these regulations work better with the smaller retail and office operations, staff may need to revisit these regulations relative to big box type projects. d. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. The applicant states, “The enforcement of the overlay design requirements to place the proposed WalMart store closer to Federal Highway will result in the inability of WalMart to construct a commercial building on this property”. The applicant has proposed a building which is as close to Federal Highway (approximately 68 feet) as it can be placed, given the presence of existing utility lines and challenges to providing safe on and off site traffic circulation and parking. 159 of 324 e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. There is not a standard definition for “minimum variance” and “reasonable use”, however, as indicated under the response to criterion “a” above, the applicant has provided the reasons for the need to construct the building as proposed, based on existing utilities, traffic circulation and parking layout. While staff does not believe that reasonable use of the land could not be achieved without the granting of all three (3) variances, the type of building and operation proposed by the applicant does require a combination of variances to be approved, due to the previously discussed utility easements and safe and separate site circulation requirements. f. That the granting of the variance will be in harmony with the general intent and purpose of this chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. The applicant believes that the granting of the proposed variances, “will actually benefit the area involved and the public welfare by bringing new commercial development to the CRA district and the City”. Based upon the properties north and south of the proposed site, the setback variances would appear to be in harmony with the built environment, however not in harmony with the general intent and purpose of the Urban Commercial District Overlay Zone regulations. These regulations set forth the vision represented by the Federal Highway CorridorRedevelopment Plan, which is emerging through the design and presence of buildings in the Mixed Use, PUD and IPUD zoning districts. Staff requested the applicant add certain design details to the proposed building to assist in the continuation of this visual harmony, despite the greater setback. While the applicant has provided certain architectural enhancements on the building facades, it has not been enough to create the urban commercial look intended by the City’s regulations, particularly for a project located at the gateway entrance to the City. As listed in the Conditions of Approval for the corresponding New Site Plan application, staff is recommending certain architectural enhancements in exchange for the greater setbacks, so as to contribute to the implementation of the redevelopment plan designs for Federal Highway. g. For variances to minimum lot area or lot frontage requirements, that property is not available from adjacent properties in order to meet these requirements, or that theacquisition of such property would cause the adjacent property or structures to become nonconforming. Applicant shall provide an affidavit with the application for variance stating that the above mentioned conditions exist with respect to the acquisition of additional property. Since the requests are for relief from the Urban Commercial District Overlay Zone regulations particular to building setbacks, this criterion is not applicable. RECOMMENDATION 160 of 324 Staff has reviewed these variance applications against the intent of the Federal Highway Corridor Redevelopment Plan and corresponding site standards. While the proposed location of the WalMart building is not as contemplated in the plan, or intended by the overlay setback standards, there are certain limitations and restrictions on the property which prohibit total compliance, and which are not the result of actions of the applicant. These site restrictions include the utility easements immediately abutting the rights-of-way, property frontage on three separate rights-of-way and site designs to maximize separation of truck traffic from other motorists and pedestrians. Based upon the analysis contained herein, staff has concluded that the variance criteria have been met and the variances are justified. However, as noted in the analysis, staff believes additional architectural treatments are warranted on the building facades to contribute to the urban look despite the greater building setback. Therefore staff recommends approval of the three (3) variance requests, subject to the conditions of approval contained in Exhibit “D”. Any conditions of approval recommended by the Board and required by the City Commission will be placed in Exhibit “D” accordingly. S:\Planning\SHARED\WP\PROJECTS\WalMart\WalMart @ Gulfstream\ZNCV's 10-001, 10-002 & 10-003.doc 161 of 324 162 of 324 163 of 324 164 of 324 165 of 324 166 of 324 167 of 324 EXHIBIT "D" Conditions of Approval Project name: Wal-Mart @ Gulfstream File number: ZNCV 10-001, ZNCV 10-002, ZNCV 10-003 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- Forestry Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 2. Staff recommends certain architectural enhancements (as detailed in the X COA’s for the concurrent NWSP staff report) in exchange for the greater setbacks, so as to contribute to the implementation of the redevelopment plan designs for Federal Highway. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 168 of 324 DEPARTMENTS INCLUDE REJECT 2. Provide a continuous trellis (pergola) and plantings along the front of X the property extending east from the south driveway to the south side of the central driveway on the east side. ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Wal Mart\Walmart @ Gulfstream\ZNCV COA's (1,2,3).doc S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc 169 of 324 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Walmart at Gulfstream APPLICANT’S AGENT: Lucas Anthony- Kimley Horn & Associates, Inc. st APPLICANT’S ADDRESS: 601 21 Street, Suite 300, Vero Beach, FL 32960 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 16, 2010 TYPE OF RELIEF SOUGHT: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 8.5 B. 4. a., Urban Commercial District Overlay Zone for front and side property build-to lines, on a 9.36 acre parcel located at the northwest corner of South Federal Highway and Gulfstream Boulevard. LOCATION OF PROPERTY: 3629 and 3675 South Federal Highway DRAWING(S): SEE EXHIBIT “B” ATTACHED HERETO. ____X__ THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR ________ THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City’s Land Development Regulations. 2. The Applicant ___ HAS ___ HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit “C” with notation “Included”. 4. The Applicant’s application for relief is hereby ___ GRANTED subject to the conditions referenced in paragraph 3 hereof. ___ DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other ____________________________________________________________ DATED:__________________________ ______________________________________ 170 of 324 City Clerk S:\Planning\SHARED\WP\PROJECTS\WalMart\Walmart @ Gulfstream\ZNCV 10-001, 10-002 & 10-003\DO New 11-09.doc 171 of 324 172 of 324 173 of 324 174 of 324 175 of 324 176 of 324 177 of 324 178 of 324 179 of 324 180 of 324 181 of 324 182 of 324 9. C PUBLIC HEARING February 16, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 16, 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: Wal-Mart at Gulfstream Boulevard, (ZNCV 10-003), EQUESTED CTION BY ITY OMMISSION Zoning Variance, located at 3629 and 3675 South Federal Highway. Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2. Zoning, Section 8.5 B. 4. a., Urban Commercial District Overlay Zone, requiring the side (corner) build-to line to be between 10 feet and 15 feet, to allow the building to be setback approximately 168 feet from the west property line, resulting in a variance of 153 feet. ER: Applicant is asking approval for the zoning variance (ZNCV 10- XPLANATION OF EQUEST 003) to allow the side (corner) build-to line to be between 10 feet and 15 feet, to allow the building to be setback approximately 168 feet from the west property line, resulting in a variance 153 feet of a one-story retail building of 93,755 square feet on a 9.36 acre parcel. The applicant indicates that positioning the building along Dixie Highway would create circulation problems for truck deliveries and place a vast amount of customer parking along the rear and side of the building. The Urban Commercial District Overlay Zone was adopted to place buildings closer to the roadway, making parking subordinate and to provide opportunity for buildings to have a greater urban look, through certain façade enhancements. Staff believes the Wal-Mart representatives have submitted a standard suburban big box retail store and that additional architectural treatments are warranted on the building facades to contribute to the urban look envisioned for the Federal Highway Corridor, despite the greater building setback. The Planning & Development Board reviewed the request on January 26, 2010 and forwards it to the Commission with a recommendation of approval subject to staff comments and the additional condition requiring placement of a continuous trellis (possibly meaning a pergola) 183 of 324 and plantings along the front of the property extending east from the south driveway to the south side of the central driveway on the east side. Staff continues to also recommend that the project be approved, subject to all staff comments. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: Project will eliminate blighted conditions at an abandoned shopping center at ISCAL MPACT an entry point into the City, and contribute positively to the City’s property tax base. A: Deny approval of subject request. LTERNATIVES 184 of 324 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 10-005 STAFF REPORT TO: Chair and Members Planning & Development Board and City Commission THRU: Michael W. Rumpf Planning and Zoning Director FROM: Ed Breese Principal Planner DATE: January 5, 2010 PROJECT NAME/NO: WalMart at Gulfstream Boulevard Front Setback (ZNCV 10-001) Side Corner Setback (ZNCV 10-002) Side Corner Setback (ZNCV 10-003) REQUEST: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 8.5 B. 4. a., Urban Commercial District Overlay Zone, requiring the front build-to line to be between 5 feet and 15 feet, to allow the building to be setback approximately 68 feet from the east property line, resulting in a variance of 53 feet; and Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 8.5 B. 4. a., Urban Commercial District Overlay Zone, requiring the side (corner) build-to line to be between 10 feet and 15 feet, to allow the building to be setback approximately 276 feet from the south property line, resulting in a variance of 261 feet; and Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 8.5 B. 4. a., Urban Commercial District Overlay Zone, requiring the side (corner) build-to line to be between 10 feet and 15 feet, to allow the building to be setback approximately 168 feet from the west property line, resulting in a variance 153 feet. PROJECT DESCRIPTION Property Owner: Thirty Six Hundred Holdings, LLC Applicant/Agent: Lucas Anthony, Kimley-Horn and Associates, Inc. Location: 3629 & 3675 South Federal Highway (see Exhibit “A” – 185 of 324 Location Map) Acreage: 9.36 acres Proposed Use: Retail Store (93,755 sf) Zoning District: Community Commercial (C-3) Adjacent Uses: North: Developed property (self-service storage) classified Local Retail Commercial and zoned C-3 Community Commercial; South: Right-of-way of Gulfstream Boulevard, then developed commercial (fast-food and office building) classified Local Retail Commercial and zoned C-3 Community Commercial; East: Right-of-way of Federal Highway then undeveloped property in the Town of Gulfstream classified Recreation and zoned OR Outdoor Recreation; and West: Rights-of-way of Old Dixie Highway and the Florida East Coast Railroad, then partially constructed property (Estates at Heritage Club) classified Medium Density Residential (MEDR) and zoned Planned Unit Development (PUD). BACKGROUND The subject property is currently developed with a one (1)-story shopping center (former Gulstream Mall) and related parking areas, as well as an ouparcel building (former nightclub) at the northwest corner of South Federal Highway and Gulfstream Boulevard. The intent is to raze the existing shopping center and outbuilding and redevelop the site. On July 5, 2006 the subject property was reclassified from Local Retail Commercial (LRC) to Special High Density Residential (SHDR) and rezoned from Community Commercial (C-3) to Infill Planned Unit Development (IPUD) for a Mixed Use development known as Heritage Club (LUAR 05-005, NWSP 05-015). The approved site plan for the mixed use project expired and on January 20, 2009, the City Commission reverted the land use and zoning back to Local Retail Commercial (LRC) and Community Commercial (C-3), respectively. Mr. Lucas Anthony, of Kimley-Horn and Associates, as agent for the applicant, is proposing a one-story retail building of 93,755 square feet on a 9.36 acre parcel located at the northwest corner of South Federal Highway and Gulfstream Boulevard. The applicant is requesting concurrent zoning code variances of the Urban Commercial District Overlay Zone regulations (Chapter 2, Zoning, Section 8.5, Overlay Zones, B. Urban Commercial District Overlay Zone 4. a.), which require buildings to be brought forward on commercial properties to form an urban edge and for parking to be placed behind the front of the building. In this instance, the property fronts on three (3) roadways; Federal Highway, Gulfstream Boulevard and Dixie Highway. The applicant is therefore seeking relief from the regulations of the Urban Commercial District Overlay Zone, requiring the front build-to line to be between 5 feet and 15 feet, to allow the building to be setback approximately 68 feet from the east property line, resulting in a variance 186 of 324 of 53 feet. Additionally, the applicant is requesting relief from the side (corner) build-to line requirement of between 10 feet and 15 feet, to allow the building to be setback approximately 276 feet from the south property line and 168 feet from the west property line, resulting in variances of 261 feet and 153 feet, respectively. ANALYSIS a. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. The property is located on the west side of Federal Highway, on the north side of Gulfstream Boulevard. The parcel extends westward from Federal Highway to Dixie Highway, and has frontage on all three (3) roadways. The applicant indicates in the justification statement (see Exhibit “C”) that positioning the building along Federal Highway would create circulation problems for truck deliveries and place a vast amount of customer parking along the rear and side of the building. Additionally, the applicant notes that there is an existing 20 foot utility easement on the west side of Federal Highway, inwhich a building could not be constructed. The purpose of the Urban Commercial District Overlay Zone regulations is to encourage redevelopment of commercially-zoned parcels in a manner consistent with the pattern of Mixed Use developments, improve the aesthetic and pedestrian streetscape environments by preventing parking areas between the building and roadway, and maximize harmony with adjoining developments. Staff has continually sought to bring buildings forward and have parking placed behind the building line in all redevelopment projects along Federal Highway. This is the first large retail building to truly test the Urban Commercial District Overlay Zone regulations. In addition, this is the first project subject to these regulations to have frontage on three roadways. Staff attempts to write zoning regulations to implement the City’s redevelopment initiatives and vision; however, not all regulations properly fit or apply to every situation. Ideally, a retail building fronting on two (2) roadways would be placed forward on the property to create a street edge, with parking along the side and rear of the building. This property fronts on three (3) roadways, which makes compliance with this set of regulations nearly impossible. As the applicant notes, there is an existing 20 foot wide utility easement along Federal Highway and a 12 foot wide utility easement along Gulfstream Boulevard that cannot be encroached upon with any building. While it is true that variances would be necessary for practically any building layout on this site, the question could be asked, is this the minimum variance necessary to make the site function for the intended use. It could be argued that the building could be moved closer to Federal Highway, immediately behind the utility easement. However, the northerly entrance to the site is aligned with a median break in Federal Highway for northbound turning movements onto the site. In order to not mix the truck traffic movements along the north side (rear) of the building, this entry drive is curved southward to bring motorists to the front of the store. This adds an additional 24 feet to that setback, and when the pedestrian sidewalk and foundation landscaping is added in, the building ends up with a setback of approximately 60 feet, that practically mirrors that of the existing vacant shopping center on the site. In comparing the proposed building location with that of surrounding properties, to determine if the location is in 187 of 324 harmony with the surrounding development, the leading building edge of the storage facility immediately to the north of this property is setback approximately 65 feet from Federal Highway, with the majority of front building line approximately 130 feet back. The Dunkin’ Donuts building to the south, across Gulfstream Boulevard is setback 50 feet from Federal Highway. b. That the special conditions and circumstances do not result from the actions of the applicant. The applicant states that the special conditions and circumstances surrounding the property and utility easements are not the result of actions on the part of WalMart. Staff would have to agree with the applicant that the easements have been in place to serve a gravity sewer line feeding a regional lift station, long before WalMart began designing their site layout, thus supporting the statement that the situation is not a result of their actions. c. That granting of the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. The applicant states that, “The granting of the variance requested will not confer on WalMart any special privilege. It is the result of the special conditions and circumstances set forth to the responses above”. The granting of the variances involved should not confer on the applicant any special privileges denied to others in the same zoning district. As noted previously,staff attempts to write zoning regulations to cover every possible scenario; however, not all regulations cover every situation. Such a large retail building with an expansive service area for commercial truck deliveries and circulation, limits the customer parking and circulation movements, so as not to conflict with this service aspect. While these regulations work better with the smaller retail and office operations, staff may need to revisit these regulations relative to big box type projects. d. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. The applicant states, “The enforcement of the overlay design requirements to place the proposed WalMart store closer to Federal Highway will result in the inability of WalMart to construct a commercial building on this property”. The applicant has proposed a building which is as close to Federal Highway (approximately 68 feet) as it can be placed, given the presence of existing utility lines and challenges to providing safe on and off site traffic circulation and parking. 188 of 324 e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. There is not a standard definition for “minimum variance” and “reasonable use”, however, as indicated under the response to criterion “a” above, the applicant has provided the reasons for the need to construct the building as proposed, based on existing utilities, traffic circulation and parking layout. While staff does not believe that reasonable use of the land could not be achieved without the granting of all three (3) variances, the type of building and operation proposed by the applicant does require a combination of variances to be approved, due to the previously discussed utility easements and safe and separate site circulation requirements. f. That the granting of the variance will be in harmony with the general intent and purpose of this chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. The applicant believes that the granting of the proposed variances, “will actually benefit the area involved and the public welfare by bringing new commercial development to the CRA district and the City”. Based upon the properties north and south of the proposed site, the setback variances would appear to be in harmony with the built environment, however not in harmony with the general intent and purpose of the Urban Commercial District Overlay Zone regulations. These regulations set forth the vision represented by the Federal Highway CorridorRedevelopment Plan, which is emerging through the design and presence of buildings in the Mixed Use, PUD and IPUD zoning districts. Staff requested the applicant add certain design details to the proposed building to assist in the continuation of this visual harmony, despite the greater setback. While the applicant has provided certain architectural enhancements on the building facades, it has not been enough to create the urban commercial look intended by the City’s regulations, particularly for a project located at the gateway entrance to the City. As listed in the Conditions of Approval for the corresponding New Site Plan application, staff is recommending certain architectural enhancements in exchange for the greater setbacks, so as to contribute to the implementation of the redevelopment plan designs for Federal Highway. g. For variances to minimum lot area or lot frontage requirements, that property is not available from adjacent properties in order to meet these requirements, or that theacquisition of such property would cause the adjacent property or structures to become nonconforming. Applicant shall provide an affidavit with the application for variance stating that the above mentioned conditions exist with respect to the acquisition of additional property. Since the requests are for relief from the Urban Commercial District Overlay Zone regulations particular to building setbacks, this criterion is not applicable. RECOMMENDATION 189 of 324 Staff has reviewed these variance applications against the intent of the Federal Highway Corridor Redevelopment Plan and corresponding site standards. While the proposed location of the WalMart building is not as contemplated in the plan, or intended by the overlay setback standards, there are certain limitations and restrictions on the property which prohibit total compliance, and which are not the result of actions of the applicant. These site restrictions include the utility easements immediately abutting the rights-of-way, property frontage on three separate rights-of-way and site designs to maximize separation of truck traffic from other motorists and pedestrians. Based upon the analysis contained herein, staff has concluded that the variance criteria have been met and the variances are justified. However, as noted in the analysis, staff believes additional architectural treatments are warranted on the building facades to contribute to the urban look despite the greater building setback. Therefore staff recommends approval of the three (3) variance requests, subject to the conditions of approval contained in Exhibit “D”. Any conditions of approval recommended by the Board and required by the City Commission will be placed in Exhibit “D” accordingly. S:\Planning\SHARED\WP\PROJECTS\WalMart\WalMart @ Gulfstream\ZNCV's 10-001, 10-002 & 10-003.doc 190 of 324 191 of 324 192 of 324 193 of 324 194 of 324 195 of 324 196 of 324 EXHIBIT "D" Conditions of Approval Project name: Wal-Mart @ Gulfstream File number: ZNCV 10-001, ZNCV 10-002, ZNCV 10-003 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- Forestry Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 3. Staff recommends certain architectural enhancements (as detailed in the X COA’s for the concurrent NWSP staff report) in exchange for the greater setbacks, so as to contribute to the implementation of the redevelopment plan designs for Federal Highway. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 197 of 324 DEPARTMENTS INCLUDE REJECT 2. Provide a continuous trellis (pergola) and plantings along the front of X the property extending east from the south driveway to the south side of the central driveway on the east side. ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Wal Mart\Walmart @ Gulfstream\ZNCV COA's (1,2,3).doc S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc 198 of 324 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Walmart at Gulfstream APPLICANT’S AGENT: Lucas Anthony- Kimley Horn & Associates, Inc. st APPLICANT’S ADDRESS: 601 21 Street, Suite 300, Vero Beach, FL 32960 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 16, 2010 TYPE OF RELIEF SOUGHT: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 8.5 B. 4. a., Urban Commercial District Overlay Zone for front and side property build-to lines, on a 9.36 acre parcel located at the northwest corner of South Federal Highway and Gulfstream Boulevard. LOCATION OF PROPERTY: 3629 and 3675 South Federal Highway DRAWING(S): SEE EXHIBIT “B” ATTACHED HERETO. ____X__ THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR ________ THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City’s Land Development Regulations. 2. The Applicant ___ HAS ___ HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit “C” with notation “Included”. 4. The Applicant’s application for relief is hereby ___ GRANTED subject to the conditions referenced in paragraph 3 hereof. ___ DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other ____________________________________________________________ DATED:__________________________ ______________________________________ 199 of 324 City Clerk S:\Planning\SHARED\WP\PROJECTS\WalMart\Walmart @ Gulfstream\ZNCV 10-001, 10-002 & 10-003\DO New 11-09.doc 200 of 324 201 of 324 202 of 324 203 of 324 204 of 324 205 of 324 206 of 324 207 of 324 208 of 324 209 of 324 210 of 324 211 of 324 9. D PUBLIC HEARING February 16, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 16, 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: Wal-Mart at Gulfstream Boulevard, (NWSP 10-001), New EQUESTED CTION BY ITY OMMISSION Site Plan, located at 3629 and 3675 South Federal Highway. Request approval for new site plan approval for a proposed one-story retail building of 93,755 square feet and related site improvements on a 9.36 acre parcel. Applicant: Wal-Mart Stores East, LP. ER: Requesting approval for a proposed one-story retail building of XPLANATION OF EQUEST 93,755 square feet on a 9.36 acre parcel. Concurrent zoning code variances have also been requested from the Urban Commercial District Overlay Zone regulations, requiring the building to be placed no further than fifteen (15) feet from the property lines abutting Federal Highway, Gulfstream Boulevard and Dixie Highway. Approval of this project is contingent upon the approval of the corresponding variance requests. Staff has reviewed this request for New Site Plan. Staff believes the Wal-Mart representatives have submitted a standard suburban big box retail store and that additional architectural treatments are warranted on the building facades to contribute to the urban look envisioned for the Federal Highway Corridor, particularly to offset the greater building setback. Staff therefore recommends approval of the plans presented, contingent upon approval of the accompanying applications for variances (ZNCV 10-001, 10-002 and 10-003 for setback deviations), and subject to satisfying all comments indicated in Exhibit “D” – Conditional of Approval, including a number of conditions requiring architectural enhancements to the building, and an additional condition recommended by the Board. The Planning & Development Board reviewed the request on January 26, 2010 and forwards it to the Commission with a recommendation of approval subject to all staff comments with the additional condition requiring placement of a continuous trellis (possibly meaning a pergola) and plantings along the front of the property extending east from the south driveway to the 212 of 324 south side of the central driveway on the east side. Given the magnitude of outstanding architectural comments, and the applicant’s intention to have the drawings revised accordingly, the Board advised the applicant to work with staff to update the drawings and conditions prior th to review by the Commission on February 16. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: Project will eliminate blighted conditions at an abandoned shopping center at ISCAL MPACT an entry point into the City, and contribute positively to the City’s property tax base. A: Deny the subject request. LTERNATIVES 213 of 324 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 09-092 STAFF REPORT TO: Chair and Members Planning and Development Board THRU:Michael Rumpf Planning and Zoning Director FROM:Ed Breese Principal Planner DATE:December 30, 2009 PROJECT NAME/NO: WalMart at Gulfstream Boulevard / NWSP 10-001 REQUEST: New Site Plan PROJECT DESCRIPTION Property Owner: Thirty Six Hundred Holdings, LLC Applicant: WalMart Stores East, LP Agent: Lucas Anthony, Kimley-Horn and Associates, Inc. Location: 3629 & 3675 S. Federal Highway (see Exhibit “A” – Location Map) Existing Land Use/Zoning: Local Retail Commercial (LRC) / Community Commercial (C-3) Proposed Land Use/Zoning: No Change Proposed Uses: Retail Store (93,755 sf) Acreage: 9.36 acres Adjacent Uses: North: Developed property (self-service storage) designated Local Retail Commercial and zoned C-3 Community Commercial; South: Right-of-way of Gulfstream Boulevard, then developed commercial (fast- food and office building) designated Local Retail Commercial and zoned C-3 Community Commercial; East: Right-of-way of Federal Highway then undeveloped property in the Town of Gulfstream designated Recreation and zoned OR Outdoor Recreation; and 214 of 324 West: Rights-of-way of Old Dixie Highway and the Florida East Coast Railroad, then partially constructed property (Estates at Heritage Club) designated Medium Density Residential (MEDR) and zoned Planned Unit Development (PUD). 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 survey shows that the subject property is currently developed with a one (1)- story shopping center (former Gulstream Mall) and related parking areas, as well as an ouparcel building (former nightclub) at the northwest corner of South Federal Highway and Gulfstream Boulevard. The intent is to raze the existing shopping center and outbuilding and redevelop the site. On July 5, 2006 the subject property was reclassified from Local Retail Commercial (LRC) to Special High Density Residential (SHDR) and rezoned from Community Commercial (C- 3) to Infill Planned Unit Development (IPUD) for a Mixed Use development known as Heritage Club (LUAR 05-005, NWSP 05-015). The approved site plan for the mixed use project expired and on January 20, 2009, the City Commission reverted the land use and zoning back to Local Retail Commercial (LRC) and Community Commercial (C-3), respectively. Proposal: Mr. Lucas Anthony, of Kimley-Horn and Associates, as agent for the applicant, is proposing a one-story retail building of 93,755 square feet on a 9.36 acre parcel located at the northwest corner of South Federal Highway and Gulfstream Boulevard. The applicant is requesting concurrent zoning code variances from the Urban Commercial District Overlay Zone regulations, requiring the building to be placed between five (5) and fifteen (15) feet from the property lines abutting Federal Highway, Gulfstream Boulevard and Dixie Highway. Approval of this project is contingent upon the approval of the corresponding variance requests. ANALYSIS Concurrency: Traffic: A revised traffic 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 required traffic concurrency is pending approval at this time. No building permits may be issued by the City for this project until the Traffic Division approves the analysis for traffic concurrency requirements (see Exhibit “D” – Conditions of Approval). 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. The applicant will however, be required to make some off-site utility improvements, including waterline upgrades relative to pipe size and extension. 215 of 324 Police/Fire: Staff has reviewed the site plan and determined that current staffing levels would be sufficient to meet the expected demand for services. 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 reivew (see Exhibit “D” – Conditions of Approval). Access: The site is proposed with access from Federal Highway, Gulfstream Boulevard and Dixie Highway. A full ingress/egress point is proposed at the north end of the property along Federal Highway, to align with the modified median break, and an exit (right turn only) is proposed at about the midpoint of the site along Federal Highway. Improvements are proposed on Gulfstream Boulevard to accommodate the new use of the site, including a deceleration lane for the ingress/egress drive on Gulfstream Boulevard. Two (2) points of ingress/egress are proposed along Dixie Highway. A full ingress/egress point is proposed at the north end of the property, to accommodate truck deliveries. A second full ingress/egress point is proposed at the midpoint of the site. Circulation: Full circulation is maintained around the building, including a one-way drive on the north side of the building for deliveries, waste pick-up and emergencies. Pedestrian circulation is provided with two (2) walkways leading from the Federal Highway sidewalk, one (1) walkway from Gulfstream Boulevard and one (1) from Dixie Highway. Parking: The project proposes a total of 93,755 square feet (81,598 square feet of retail sales floor and 12,157 square feet of stockroom/receiving area). Parking for retail space requires one (1) space per 200 square feet of gross floor area. Parking for stockroom requires one (1) space per 800 square feet of gross floor area. Based on the above, a minimum of 424 parking spaces are required. The site plan indicates a total of 425 parking spaces are to be provided, including 12 handicap spaces. The 90-degree parking stalls, excluding the handicap spaces, would be dimensioned nine (9) feet in width and 18 feet in length and include continuous curbing. All proposed parking stalls, including the size and location of the handicap spaces, 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 19.5% of the site would be pervious consisting of landscaped and open space areas. The landscape plan shows that the north buffer is thirteen (13) feet wide and would include a six (6) foot masonry buffer wall. The west buffer is thirteen (13) feet wide at the narrowest dimension. The south buffer along Gulfstream Boulevard is also thirteen (13) feet at the narrowest dimension. The east buffer along Federal Highway varies in width from a minimum of twenty-five (25) feet to approximately sixty (60) feet in width, and contains a planted berm. The landscaping provides a complimentary mix of canopy and palm trees such as Live Oak, Silver Buttonwood, Black Olive, Yellow Cassia and Tibouchina trees and Florida Royal, Sabal, and Foxtail palms. Additionally, the buffers are proposed to consist of the following shrubs and groundcovers: Plumbago, Indian Hawthorne, Cocoplum and Blueberry Flax Lily. The amount of landscaping 216 of 324 provided will exceed the minimum requirements. To conserve water and minimize maintenance and use of fertilizers, the landscape plan has been designed with minimal sod. Staff recommends elimination of the remaining sod shown on the plans within the property boundaries and replacement with a combination of shrubs and groundcovers. The landscape code requires that 50% or more of the plant material be native species. The plant list (sheet 6101) indicates the landscape plan complies with this requirement. The landscape plan notes indicate that the irrigation system will be equipped with a rain sensor and trees will be irrigated directly at the root ball to conserve water. Building and Site: The proposed building is designed as a one (1)-story structure, with parking on three (3) sides, and the building entrance facing Gulfstream Boulevard. The building as proposed on the site will not be in compliance with the Urban Commercial District Overlay Zone requirements. The applicant has moved the building closer to Federal Highway than originally submitted for staff review, but it still remains approximately 67 feet from the property line, at the closest point, as opposed to the required build-to-line of 5 to 15 feet. Therefore, the applicant has submitted variance applications for the Federal Highway frontage, as well as the Gulfstream Boulevard and Dixie Highway frontages, which are considerably further from compliance. Bringing the building completely up to all three (3) streets would be difficult, restrict circulation and mix delivery trucks with car and pedestrian traffic. Staff understands some relief is needed to accomplish a totally functional site, and informed the applicant that staff may support some relief, provided the building elevations on the three (3) facades were designed in such a manner as to provide the appearance of an urban street edge, as contemplated in the design guidelines, rather than the standard big box design. Building Height: The building elevations (sheet A2) indicate the top of the typical roof parapet wall would be 29 feet – 4 inches above grade, and the highest elevation would be an arched wall at the building entry, 38 feet in height. The proposed building height is well below the maximum height of 45 feet allowed in the C-3 zoning district. Building Design: The applicant indicated in pre-application meetings with staff that the design of this WalMart was part of the new branding that WalMart is unveiling around the country. Staff expressed concern over the boxiness and somewhat plain appearance of the structure, especially considering it’s proposed location at the southern gateway to the City. Staff expressed further concern over the fact that the building would not be designed to comply with required build-to lines of the Urban Commercial District Overlay Zone, and that the necessary variance applications would be required with the site plan submittal. Understanding some of the obstacles that kept the building from being brought forward on the property to create an urban edge, staff recommended a number of façade improvements it believed necessary to offset the fact that the building would be setback to resemble a suburban shopping center, rather than the urban showpiece the City envisioned at this key intersection. The achitect has added some faux windows and a steel tube framework over the walkway, and slight roofline modulation on the east façade facing Federal Highway, additional vision glass and steel tube framework over the walkway on the south façade facing Gulfstream Boulevard, and slight fenestration, steel tube framework and slight roofline modulation on the west façade facing Dixie Highway. Staff provided the architect with examples of other WalMarts built recently in Highland Village in Texas and the Edgewood Retail District in Atlanta (see Exhibit “C”), as examples of the non-traditional big box Walmart buildings the City envisions at this key property. These buildings 217 of 324 involve the extensive use of glass and non-rectangular box design common in big box retailers. In the publication, “Meeting the Big Box Challenge”, it is stated that, “WalMart selected Atlanta to build the most urban store in the country, despite the challenge of finding an available site to accommodate a big box retail store. We believe this store will be representative of how retail development in urban centers should be done”, according to Michael Driver, WalMart’s Real Estate Manager. The Edgewood WalMart in Atlanta is designed with a lot of vision glass, some of the glass two-stories tall, covered (weather protected) walkways, tower features with glass, and non-continuous facades giving the illusion of several storefronts as opposed to a single big box store. Based upon the minimal architectural changes made to the plans after receipt of staff comments and the apparent ability of WalMart to be flexible in their store designs in other communities, staff is recommending the following architectural enhancements as conditions of approval of the site plan and variance applications: East Elevation  Replace the steel tube framework over the sidewalk with metal canopies/awnings with cable suspension off the building to enhance the urban feel. This would only be needed over the areas of window placement.  Increase the height of the raised elements at the northeast and southeast corners of the building, make them three-dimensional by extending them off the building face so the pedestrian walk would be placed underneath of them, add glass and roof element similar to those designed in the Edgewood (Atlanta) project.  Add a second set of matching windows immediately above each set of faux windows depicted at the base of the building, and above the metal canopies/awnings, to provide the appearance of a second floor.  Provide faux windows at ground level, under the raised element in the center of the façade (under the WalMart sign) to increase the look of storefront, and add the metal canopies/awnings. South Façade  Increase the height of the raised elements at the southeast and southwest corners of the building, make them three-dimensional by extending them off the building face so the pedestrian walk would be placed underneath of them, add glass and roof element similar to those designed in the Edgewood (Atlanta) project.  Create an additional raised element midway between the one at the southwest corner and the building entrance, and provide it with the same treatment discussed for the others.  On the façade between the new raised element and the one at the southwest corner of the building, add the same bay of three (3) faux windows depicted on the east façade, along with the addition of matching windows above and the metal canopies/awnings with cable suspension between.  On the façade between the raised element at the southeast corner of the building and the pop-out immediately to the west, add the same bay of three (3) faux windows discussed above and metal canopies/awnings with 218 of 324 cable suspension between.  Remove the steel tube framework all along this façade and, on the windows to the east of the building entrance, remove the awnings. Replace with metal canopies/awnings with cable suspension off the building, over the building entrance and windows to the east of the entrance.  Create a sense of non-continuous facades giving the illusion of several storefronts as opposed to a single big box store, through greater or more dramatic changes in parapet height, variety in parapet moldings and change in materials/colors in the vertical elements created by the non- continuous facades, similar to those designed in the Edgewood (Atlanta) project. West Façade  Increase the height of the raised element at the southwest corner of the building, and make it three-dimensional by extending them off the building face so the pedestrian walk would be placed underneath of them, add glass and roof element similar to those designed in the Edgewood (Atlanta) project.  Remove the steel tube over the bay of three (3) faux windows immediately north of the raised element and add the same metal canopies/awnings with cable suspension off the building discussed elsewhere.  Remove the two (2) sets of faux columns with the steel tube, and add two (2) sets of the same bay of three (3) faux windows depicted further south on this façade, along with the addition of the metal canopies/awnings with cable suspension.  Repeat the cornice work depicted near the southwest corner of this façade at the northeast section of parapet.  Create a sense of non-continuous facades, through greater or more dramatic changes in parapet height, variety in parapet moldings and change in materials/colors in the vertical elements created by the non- continuous facades, similar to those designed in the Edgewood (Atlanta) project. These are the minimum changes to the building elevations staff believes are necessary to provide the City with an urban looking commercial building and not simply a standard big box retailer. And, as stated earlier, this is the southern gateway to the City, and this entrance should command greater attention. Lastly, the applicant has made application to the Community Redevelopment Agency for grant dollars, which should be an investment not only in job creation but the physical presence of the building. Site Lighting: The photometric plan (sheet 6060) proposes the use of black metal light poles, at overall heights of 18 and 20 feet, including the 2 foot concrete pedestal, within the parking lot. The decorative bell-shaped fixtures are proposed to be black as well. Staff recommends that the parking lot lighting be reduced to a maximum of 15 feet in height in order to shield the actual lighting source from view off of the premises (see Exhibit “D” – Conditions of Approval). Site Signage: The site plan indicates a monument sign is proposed near the egress point along Federal Highway and near the ingress/egress drive on Gulfstream Boulevard. Both signs are set back 10 feet as required by code, however each will need to 219 of 324 be placed outside of the utility easements. As per the sign detail sheet, the sign height is depicted at 14 feet – 8 inches, with the maximum sign face area of approximately 220 square feet. Sign materials include smooth stucco finish painted to match the colors of the office building. Staff has indicated to the applicant that this sign does not meet the sign code and must be modified accordingly (see Exhibit “D” – Conditions of Approval). The sign along Federal Highway is limited to 15 feet in height and 64 square feet in sign area by code, however based upon the character of signs approved by the City in newly constructed projects along Federal Highway, staff would recommend the height of this sign not exceed 10 feet (see Exhibit “D” – Conditions of Approval). Similarly, the sign proposed for Gulfstream Boulevard should be limited to 6 feet in height, based upon road type/lanes (two lane roadway), rather than solely based upon parcel size. Public Art: The applicant proposes to place the public art at the southeast corner of the site, practically at the intersection of Federal Highway and Gulfstream Boulevard, where area is also being set aside for a “Welcome to Boynton Beach “ sign. The type of public art has not been determined at this time. Ultimate review and approval of the artist and art work is still pending by the Arts Commission. RECOMMENDATION Staff has reviewed this request for New Site Plan and recommends approval of the plans presented, contingent upon approval of the accompanying applications for variances (ZNCV 10-001, 10-002 & 10- 003, for setback deviations), and subject to satisfying all comments indicated in Exhibit “D” – Conditions of Approval, including a number of conditions relative to architectural enhancements to the building. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Wal Mart\ Wal Mart @ Gulfstream\ NWSP 10-001\Staff Report.doc 220 of 324 221 of 324 222 of 324 223 of 324 224 of 324 225 of 324 226 of 324 227 of 324 228 of 324 229 of 324 230 of 324 EXHIBIT "D" Conditions of Approval Project name: Walmart @ Gulfstream File number: NWSP 10-001 nd Reference: 2 review plans identified as a New Site Plan with a 12-15-09 Planning & Zoning date stamp marking. DEPARTMENTS INCLUDE REJECT FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: 1. Provide a notice of concurrency (Traffic Performance Standards Review) X from Palm Beach County Traffic Engineering. 2. Bus shelter must be located a minimum of six (6) feet from utility lines. X 3. Revise pavement markings on Gulfstream Road to provide a westbound X left turn lane at Old Dixie Highway. Recommend a scramble lane. BUILDING DIVISION Comments: 4. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TART (Technical Advisory Review Team) process does not ensure that additional comments may not be generated by the commission and at permit review. 5. Place a note on the elevation view drawings indicating that the exterior X wall openings and exterior wall construction comply with 2007 FBC, Table 704.8, or 2007 FBC, Residential, Section R302.2. Submit calculations that clearly reflect the percentage of protected and unprotected wall openings permitted per 2007 FBC, Table 704.8 or 2007 FBC, Residential, Section R302.2. 6. General area modifications to buildings shall be in accordance with 2007 X FBC, Section 506. Provide calculations verifying compliance with the above code sections and the 2007 FBC, Table 503. 7. Buildings, structures and parts thereof shall be designed to withstand the X 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. 231 of 324 DEPARTMENTS INCLUDE REJECT 8. At time of permit review, submit signed and sealed working drawings of X the proposed construction. 9. A water-use permit from SFWMD is required for an irrigation system that X utilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 10. If capital facility fees (water and sewer) are paid in advance to the City of X 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) If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the Commission-approved site plans. C) The number of dwelling units in each building. D) The number of bedrooms in each dwelling unit. E) 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) 11. 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. 12. The full address of the project shall be submitted with the construction X 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 Department of Engineering, 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 Division, 100 Australian Avenue, West Palm Beach, Florida (Sean McDonald – 561- 233-5013) B) United States Post Office, Boynton Beach (Michelle Bullard – 561-734- 0872) 13. Detectable warnings on walking surfaces shall comply with the Florida X Building Code, Building, Sec 11-4.29.2, and Sec. 11-4.29.5. 14. The required number of exits shall comply with the Florida Building Code, X Building, Sec. 1015.1 and Sec. 1019.1. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: X Existing Trees Inventory List 15. [see Sheet # 6100] The Landscape Architect should amend the tree inventory list to show the 232 of 324 DEPARTMENTS INCLUDE REJECT following: a. The four (4) existing Live Oak trees should be relocated to the existing green space along the West perimeter [Old Dixie Highway] to assist in the residential landscape buffer requirement of the site. b. The total diameter inches of existing trees on the site to be removed and replaced [diameter inches] on the site. The replacement trees should be shown by a separate symbol on the formal landscape plan sheet. [Environmental Regulations, Chapter 7.5, Article I Sec. 7.D.p. 2.] Plant ScheduleX 16. All shade trees must be listed in the plant schedule as a minimum of 12-14 feet in height, 3 inches DBH (4.5 feet off the ground) [Silver Buttonwood, Japanese Privet]. The height of the trees may be larger than 12-14 feet to meet the 3 inch diameter requirement; or any clear trunk (C.T.), Grey Wood (GW) specifications. [Environmental Regulations, Chapter 7.5, Article II Sec. 5.C. 2.] 17. All shrubs and ground cover plants should have a height and spread X dimension. 18. The applicant should show an elevation cross-section detail of the actual X heights of the proposed landscape trees and vegetation at the time of planting to (proper scale) visually buffer the proposed buildings and parking lot from the Federal Highway, Gulfstream Boulevard and Dixie Highway road rights-of-ways. PLANNING AND ZONING Comments: 19. Provide detail of proposed bollards near store entrance. These bollard X should be decorative in nature and follow the design of the building and /or other site amenities. 20. Reduce height of light poles to 15 feet and reduce illumination levels & hot X spots. 21. Eliminate sod areas within the property boundaries in order to reduce X irrigation demand. Consider use of bioswale in drainage areas. 22. The use of split-face block should be limited to accent an architectural X feature, limited base course and columns, rather than entire sections of wall. 23. On the East Elevation: X  Replace the steel tube framework over the sidewalk with metal canopies/awnings with cable suspension off the building to enhance the urban feel. This would only be needed over the areas of window placement.  Increase the height of the raised elements at the northeast and southeast corners of the building, make them three-dimensional by extending them off the building face so the pedestrian walk would be placed underneath of them, add glass and roof element similar to those designed in the Edgewood (Atlanta) project.  Add a second set of matching windows immediately above each set of faux windows depicted at the base of the building, and above the metal canopies/awnings, to provide the appearance of a second floor. 233 of 324 DEPARTMENTS INCLUDE REJECT  Provide faux windows at ground level, under the raised element in the center of the façade (under the WalMart sign) to increase the look of storefront, and add the metal canopies/awnings 24. On the South Façade: X  Increase the height of the raised elements at the southeast and southwest corners of the building, make them three-dimensional by extending them off the building face so the pedestrian walk would be placed underneath of them, add glass and roof element similar to those designed in the Edgewood (Atlanta) project.  Create an additional raised element midway between the one at the southwest corner and the building entrance, and provide it with the same treatment discussed for the others.  On the façade between the new raised element and the one at the southwest corner of the building, add the same bay of three (3) faux windows depicted on the east façade, along with the addition of matching windows above and the metal canopies/awnings with cable suspension between.  On the façade between the raised element at the southeast corner of the building and the pop-out immediately to the west, add the same bay of three (3) faux windows discussed above and metal canopies/awnings with cable suspension between.  Remove the steel tube framework all along this façade and, on the windows to the east of the building entrance, remove the awnings. Replace with metal canopies/awnings with cable suspension off the building, over the building entrance and windows to the east of the entrance.  Create a sense of non-continuous facades giving the illusion of several storefronts as opposed to a single big box store, through greater or more dramatic changes in parapet height, variety in parapet moldings and change in materials/colors in the vertical elements created by the non-continuous facades, similar to those designed in the Edgewood (Atlanta) project. 25. On the West Façade: X  Increase the height of the raised elements at the southeast and southwest corners of the building, make them three-dimensional by extending them off the building face so the pedestrian walk would be placed underneath of them, add glass and roof element similar to those designed in the Edgewood (Atlanta) project.  Remove the steel tube over the bay of three (3) faux windows immediately north of the raised element and add the same metal canopies/awnings with cable suspension off the building discussed elsewhere.  Remove the two (2) sets of faux columns with the steel tube, and add two (2) sets of the same bay of three (3) faux windows depicted further south on this façade, along with the addition of the metal canopies/awnings with cable suspension.  Repeat the cornice work depicted near the southwest corner of this façade at the northeast section of parapet.  Create a sense of non-continuous facades, through greater or more dramatic changes in parapet height, variety in parapet moldings and change in materials/colors in the vertical elements created by the non-continuous facades, similar to those designed in the Edgewood (Atlanta) project. 26. All rooftop equipment shall be screened from a distance of 600 feet. Add a X note to the plans. 234 of 324 DEPARTMENTS INCLUDE REJECT 27. Indicate type of signage, materials and colors for both wall and ground X signs. 28. Non-word depictions (logos, icons, etc) shall not exceed 20% of the sign X area it is associated with, nor stand alone without written word. Please provide detail, including calculations. 29. Both signs will need to be placed outside of the utility easements. X 30. Staff recommends the height of the monument sign on Federal not exceed X 10 feet, based upon the character of signs approved by the City in newly constructed projects in the Federal Highway corridor, and 6 feet in height on Gulfstream Boulevard, based upon the roadway type/lanes. 31. It is the applicant’s responsibility to ensure that the New Site Plan and X Variances are publicly advertised in accordance with Ordinance 04-007. 32. Approval of the New Site Plan application is subject to approval of the X corresponding variances. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 33 Provide a continuous trellis (pergola) and plantings along the front of X the property extending east from the south driveway to the south side of the central driveway on the east side. ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Wal Mart\Walmart @ Gulfstream\COA New 11-09.doc 235 of 324 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Walmart at Gulfstream APPLICANT’S AGENT: Lucas Anthony- Kimley Horn & Associates, Inc. st APPLICANT’S ADDRESS: 601 21 Street, Suite 300, Vero Beach, FL 32960 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 16, 2010 TYPE OF RELIEF SOUGHT: Request for New Site Plan approval of a one-story, 93,755 square foot retail building on a 9.36 acre parcel located at the northwest corner of South Federal Highway and Gulfstream Boulevard. LOCATION OF PROPERTY: 3629 and 3675 South Federal Highway DRAWING(S): SEE EXHIBIT “B” ATTACHED HERETO. ____X__ THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR ________ THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City’s Land Development Regulations. 2. The Applicant ___ HAS ___ HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit “C” with notation “Included”. 4. The Applicant’s application for relief is hereby ___ GRANTED subject to the conditions referenced in paragraph 3 hereof. ___ DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other ____________________________________________________________ DATED:__________________________ ______________________________________ City Clerk 236 of 324 S:\Planning\SHARED\WP\PROJECTS\WalMart\Walmart @ Gulfstream\NWSP 10-001\DO New 11-09.doc 237 of 324 238 of 324 239 of 324 240 of 324 241 of 324 242 of 324 243 of 324 244 of 324 245 of 324 246 of 324 247 of 324 248 of 324 10. A CITY MANAGER’S REPORT February 16, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 16, 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. R10-026 -- Amend the EQUESTED CTION BY ITY OMMISSION FY 2009-2010 budget to adjust budgeted appropriations to (1) provide spending authority for Captial Improvement Projects carried over from both encumbered and unexpended funds budgeted in FY 2008- 2009, (2) transfer funds from the Parks & Recreation Facilities Fund to provide funding for specific projects and (3) reduce the General Fund (Police Department) ARRA funding of eight (8) Police Officers and an Energy Block Grant that require funding and spending in a separate Grant Fund under Federal regulations. . ER: Each of these requests is further explained as follows: XPLANATION OF EQUEST (1) The City’s past practice for all City funds is that any budgeted and unspent appropriations are cancelled at the end of each fiscal year and the unspent money becomes part of the fund balance of each fund. Most capital projects span multiple years and continue into the following year. However, under good budgeting practices and governmental accounting standards, we should reappropriate these funds to provide the continued spending authority for these projects. Accordingly, the necessary added appropriations for those projects budgeted in prior years and continuing into FY 2009-2010 total $4,437,100 which will effectively amend the adopted budget, resulting in an increase from $5,722,500 to $10,159,600. The $4,437,100 is available project budget balances from the prior fiscal year (See attached Exhibit A). Included in this amendment is $500,000 to provide the necessary appropriation for design, legal and other costs related to the purchase of the Police Public Safety Facility in Renaissance Commons. Upon final negotiation to purchase and build out the space, the 249 of 324 Commission will be requested to increase the required spending authority appropriation and approve the offsetting source of funding. (2) Amend the approved budget for transfers approved by the Commission, but were excluded from the adopted Budget Resolution No. R09-139 as follows: a. Transfer from the Solid Waste Fund to the General Fund resulting in an increase of $1,500,000 from $8,509,564 previously approved to the total requirement of $10,009,564. b. Transfer from the Parks & Recreation Facilities Fund to the Capital Improvement Fund in the amount of $1,937,500 to provide the funding source for two capital projects; Oceanfront Boardwalk ($1,937,500) and Jaycee Park ($37,500). (3) Reduce the General Fund appropriation (and the related grant funding source) for the ARRA funding of $617,000 for six Police Officers and a $75,000 Energy Block Grant. Terms of the grant agreements require budgeting the approved expenditures in a separate fund. Accordingly, two amendments are required for the adopted Budget Resolution No. R09-139 as follows: a. Reduce the General Fund appropriation by $692,000 from $72,537,334 to $71,845,334 along with an equal grant revenue source that results in no impact on the fund balance of the General Fund. b. Provide an appropriation of $692,000 in the ARRA Fund (107) funded by an equal grant revenue. H? No affect OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: See Exhibit A for a summary of the fiscal impact. ISCAL MPACT A: No alternatives if the City is to follow good budgeting practices and LTERNATIVES governmental accounting standards. 250 of 324 RESOLUTION R10-026 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE ADOPTED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2009, AND ENDING SEPTEMBER 30, 2010; PROVIDING FOR SEVERABILITY, CONFLICTS, AND AN EFFECTIVE DATE. WHEREAS, an adopted budget has been prepared by the City Manager estimating expenditures and revenues of the City of Boynton Beach for the fiscal year 2009-2010; and WHEREAS, the City Manager has made recommendations as to amend the amount necessary to be appropriated for fiscal year 2009-2010. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: 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 Boynton Beach, Florida, hereby amends the fiscal year 2009-2010 budget, a copy of such amendments are attached hereto as Exhibit “A”, and the appropriations set out therein for the fiscal year beginning October 1, 2009 and ending September 30, 2010, to maintain and carry on the government of the City of Boynton Beach. Section 3. That there is hereby appropriated the sum of $10,159,600 to the General Capital Improvement Fund for the payment of capital outlays pursuant to the terms of the above budget. The preceding amount includes prior year project balances totaling $4,137,100 of which $1,937,500 will be funded by Park Impact Fees. Section 4. That there is hereby appropriated the sum of $1,937,500 to the Parks and Recreation Facilities Fund for the payment of transfers to the General Capital Improvement Fund. Section 5. That there is hereby appropriated the sum of $10,009,564 to the Solid Waste Fund for the payment of operating expenditures and necessary capital outlays. The preceding amount reflects a September 22, 2009 Commission approved budget transfer of $1,500,000, resulting in an increase from $8,509,564 to $10,009,564. Section 6. That there is hereby appropriated the sum of $71,845,334 to decrease the General Fund appropriation associated with ARRA-COPS & energy Block Grants by the amount of 251 of 324 $692,000. Section 7. That there is hereby appropriated the sum of $692,000 to the ARRA Grant Fund for the payment of operating expenditures and necessary capital outlays associated with ARRA-COPS & Energy Block Grants. Section 8. If any clause, section or other part of this Resolution shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and shall in no way affect the validity of the remaining portions of this Resolution. Section 9. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 10. This Resolution shall become effective immediately upon passage. 252 of 324 PASSED AND ADOPTED this ______ day of February, 2010. CITY OF BOYNTON BEACH, FLORIDA ____________________________ Mayor – Jerry Taylor ____________________________ Vice Mayor – Woodrow L. Hay ____________________________ Commissioner – Ronald Weiland ____________________________ Commissioner – Jose Rodriguez ____________________________ Commissioner – Marlene Ross ATTEST: ________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 253 of 324 254 of 324 10. B CITY MANAGER’S REPORT February 16, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 16, 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. R10-027 -- Approve an EQUESTED CTION BY ITY OMMISSION updated Management Agreement between the City of Boynton Beach and the Boynton Cultural Centre, Inc. ER: The Boynton Cultural Centre, Inc., Board of Directors approached XPLANATION OF EQUEST the City to request that the Executive Museum Director (Special Services Museum Coordinator) and the Administrative Secretary positions become autonomous from the City and allow the Boynton Cultural Centre, Inc., Board of Directors to hire an its own staff that will report directly to its Board of Directors. This will allow an Executive Director more flexibility as a non-City employee to seek grant funding and perform additional fund raising. Currently, the City funds $233,155 which supports the following: salaries/benefits for two City employees assigned to the Museum; utilities, including telephone, internet access, HVAC, electricity, gas, water and sewage, building and grounds maintenance, professional and technical support and other building or property-related expenditures relating to the Museum. With the amended agreement, the City will maintain its same level of funding (subject to budget approval). The salary portion of the support funding will be paid quarterly to the Museum. See attached. The Cultural Centre agrees to appoint the City Library Director and the City Manager or his/her designee to serve on the Board of Directors as permanent voting members of the Board. Currently only the Library Director sits on the Board. The Cultural Centre shall report annually to the City Commission on all of its activities, achievements, revenues and expenditures and shall submit a budget request to the City, 255 of 324 including itemized estimated operating costs, revenue or funding projections and a detailed summary of funding support requested. H? The Museum Director’s position is OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES currently vacant. The incumbent that holds the Administrative Secretary position has been working with our Human Resources Department to identify possible open/vacant positions within the City. This will allow the incumbent to remain a City employee and receive City benefits. Staff has identified the possibility of combining three vacant part-time Library Aide positions (.37, .37, .38 FTEs totaling 1.12 FTEs) to create one full time position for the incumbent. FI: The level of funding for the Museum will remain the same and is subject to ISCAL MPACT budget approval annually. FY 2009/2010 funding is $233,155. A separate division budget will be established within the Library budget to capture all of the expenses related to the City’s funding support of the Museum. Currently our funding is spread throughout several departments, i.e. Library, Facilities and Risk Management. Creating the division budget will allow us to consolidate all related expenses into one budget, which will assist with future budget requests. A: Do not approve the agreement. LTERNATIVES 256 of 324 RESOLUTION NO. R10- 027 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN UPDATED MANAGEMENT AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND BOYNTON CULTURAL CENTRE, INC., REGARDING THE OPERATION OF THE 1913 SCHOOLHOUSE MUSEUM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of Directors of the Boynton Cultural Centre has requested that the Executive Museum Director and the Administrative Secretary positions become autonomous from the City and allow the Boynton Cultural Centre Board of Directors to hire its own staff which will allow more flexibility as a non-City employee to seek grant funding and perform additional fund raising; and WHEREAS, the Boynton Cultural Centre, Inc., shall report quarterly to the City Commission on al of its activities, achievements, revenues and expenditures and shall submit a budget request to the City and a detailed summary of funding support requested; and WHEREAS, upon recommendation of staff, the City Commission has determined that it is in the best interests of the residents of the City to authorize the Mayor and City Clerk to execute the updated Management Agreement between the City of Boynton Beach and the Boynton Beach Cultural Centre, Inc., regarding the operation of the 1913 Schoolhouse Museum. 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 hereby authorizes and directs the Mayor and City Clerk to execute an updated Management Agreement between the City of Boynton Beach and the Boynton Cultural Centre, Inc., regarding the operation of the 1913 Schoolhouse Museum, a copy of said Agreement being attached hereto as Exhibit “A”. Section 3. That this Resolution shall become effective immediately upon passage. 257 of 324 PASSED AND ADOPTED this ______ day of February, 2010. CITY OF BOYNTON BEACH, FLORIDA ____________________________ Mayor – Jerry Taylor ____________________________ Vice Mayor – Woodrow L. Hay ____________________________ Commissioner – Ronald Weiland ____________________________ Commissioner – Jose Rodriguez ____________________________ Commissioner – Marlene Ross ATTEST: ________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 258 of 324 MANAGEMENT AGREEMENT This Agreement, made and entered into at Boynton Beach, Florida on the ___ day of _________ 2010, by and between the City of Boynton Beach, Florida, a Florida Municipal Corporation, hereinafter referred to as the "City" and Boynton Cultural Centre, Inc., a Florida non-profit corporation, hereinafter referred to as the "Cultural Centre". WITNESSETH : WHEREAS , The City of Boynton Beach has a fee simple ownership of the old Boynton Beach Elementary School site, which is to be restored and converted into a Museum, currently known as the “Schoolhouse Childrens’ Museum and Learning Center” to provide cultural and educational opportunities for children and families; and WHEREAS , The City desires to enter into this Management Agreement with the Cultural Centre to formally define the operation and maintenance of the 1913 Schoolhouse Museum; and WHEREAS , Boynton Cultural Centre is a non-profit 501(c) 3 corporation organized under the laws of the State of Florida and licensed to do business in the State of Florida; and WHEREAS , The Cultural Centre is established to plan, develop, coordinate, fund and oversee the “Schoolhouse Childrens’ Museum and Learning Center” that provides educational opportunities through exhibits, programs and activities in order to create a focal point for the cultural renewal of Historic Boynton Beach by tying together cultures, generations, and ethnic groups; and WHEREAS , The Cultural Centre will continue to raise funds through grants, community donations and special events to be used for purchase and development of exhibitions, programs, and other purposes related to the operation of the Cultural Centre; and WHEREAS , The Culture Centre plans to purchase exhibits and other items for use in and about the Museum, and shall be sole owner of all such personal property purchased with funds obtained throughout the Cultural Centre and located within and/or about the premises; and WHEREAS , The City and the Cultural Centre wish to clarify their joint and separate roles and responsibilities in the operation and maintenance of the Schoolhouse Childrens’ Museum and Learning Center. NOW, THEREFORE , for and in consideration of the premises and conditions contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: The foregoing whereas clauses are hereby ratified and confirmed as being true and incorporated herein by this reference. 259 of 324 Section1.0.Board of Directors: 1.1. The Cultural Centre agrees to provide the City its Articles of Incorporation and by-laws as they now exist, attached hereto and incorporated herein as Exhibit A. In the future, the City will be provided with an updated copy of the by-laws within thirty calendar days of any changes therein. 1.2. The Cultural Centre agrees to appoint the City Library Director and the City Manager or his/her designee to serve on the Board of Directors as a permanent voting members of the Board of Directors and the Board Executive Committee through the duration of this Agreement. The Board further agrees to amend article five of its bylaws to comply with this section of the Agreement. Section 2.0. Administration: 2.1. The Cultural Centre shall employ or retain an Executive Director. 2.2. The Executive Director shall be responsible for performing management-level professional work as the head of a major service division of the library (Special Services/Museum) including planning, design, coordination and oversight responsibilities for the Museum as well as ongoing operations and programs at the Schoolhouse Childrens’ Museum and Learning Center. This includes coordinating a community-based foundation to assume program responsibilities of a city- owned building. The Executive Director will give priority to those duties and projects that further the Mission of the Museum. 2.3. The Executive Director shall report to the Cultural Centre Board of Directors. Her/his duties are outlined in the job description, attached hereto and incorporated herein as Exhibit B. The parties understand that the job description of the Museum Coordinator may be revised at anytime by the Cultural Centre Board of Directors. 2.4. The Cultural Centre Board shall annually review the performance of the Executive Director and submit a report to the City on Museum operations and programs. 2.5. Upon majority vote of the Board of Directors, the Cultural Centre may remove the Executive Director/Museum Director. Section 3.0. Obligations of the Cultural Centre: 3.1. With the exception of the city’s obligations as outline in this agreement, the Cultural Centre has the sole responsibility of funding and operation of the Museum, including exhibits, designs, programs, hours of operation, schedule of events, publicity, advertisement and fund raising etc. 3.2. The Cultural Centre may execute and enter into agreements between the Cultural Centre and/or Museum and consultants, architects, engineers and contractors; design and install permanent or travelling exhibits; schedule and manage programs for the Cultural Centre. The Cultural Centre may also schedule the facility for use by other organizations, determine policies and procedures, set fees, develop and manage all Cultural Centre fundraising campaigns, maintain its funds, manage all grant proposals and administer all general program, gift, admission and special event revenues generated through the Cultural Centre. 3.3.The Cultural Centre shall report annually to the City Commission on all of its activities, achievements, revenues and expenditures. 260 of 324 3.4.The Cultural Centre Board shall submit a budget request to the City, including itemized estimated operating costs, revenue or funding projections and a detailed summary of funding support requested by the Cultural Centre. Section 4.0. City obligations: The City agrees to continue to provide salaries/benefits for any city employees the city assigns to the museum and to provide at no cost to the Cultural Centre the following services: utilities, including telephone, internet access, HVAC, electricity, gas, water and sewage, building and grounds maintenance, property and liability insurance for building structure, security, pest control, computer maintenance, professional and technical support and other building or property-related expenditures relating to Schoolhouse Childrens’ Museum and Learning Center as adopted by the City Commission in the City’s budget each year. The City shall include detailed estimates of any support costs for the Cultural Centre, inclusive of supplemental funding requests from the Cultural Centre as a separate division of the Boynton Beach Library. Nothing shall obligate the City to support the Cultural Centre other than the approved City budget appropriation. 4.1 The City shall also provide $_________ per year to the Cultural Centre in lieu of funding the salary and benefits of the Executive Director and one administrative support staff person. The funds will be disbursed to the Cultural Center on a st Quarterly basis commencing each October 1. Section 5.0. City’s right to schedule City meetings: 5.1. With prior approval of the Cultural Centre and on a space available basis, the City reserves the right to schedule official City meetings or events at the Cultural Centre without being charged any type of fee. Section 6.0. Right to audit and inspect records: 6.1. Upon reasonable notice, the City shall have the right and discretion to audit the records of the Cultural Centre. 7.0. Insurance obligations: 7.1. The Cultural Centre shall secure and maintain in effect at all times, at its expense insurance of the following kinds and limits to cover all activities of the Cultural Centre’s operations of the Museum: 7.2. Workers’ Compensation and Employer’s Liability Insurance covering employees, agents, volunteers of the Centre as deemed appropriate by the City’s Risk Manager; 7.3. Workers’ Compensation Insurance coverage with statutory limits of liability as deemed appropriate by the Risk Manager; 7.4. Employer’s liability Insurance with a limit of liability that is mutually agreed upon by the parties; 7.5. Professional Liability and or Directors’ and Officers’ Liability Insurance for all facets of Cultural Centre’s operations and work including, but not limited to errors, omissions and negligent acts covering this Agreement with minimum limits of $1,000,000,00 liability per occurrence and $1,000.000.00 in aggregate; 261 of 324 7.6. General Liability Insurance covering the Cultural Centre’s legal liability for bodily injuries and property damage in limits of not less than $1,000,000.00 per occurrence and $1,000,000.00 per aggregate. 8.0. Indemnification: 8.1. The City agrees to indemnify and hold harmless the Cultural Centre from and against any and all claims, damages, costs and expenses, including reasonable attorneys fees to the extent caused by or arising out of (a) the City’s negligent acts or omissions of or willful misconduct in the operations or activities at the Schoolhouse Childrens’ Museum and Learning Center or (b) a breach of any obligation of the City under the Agreement, unless caused by the Cultural Centre or its employees, agents, contractors, subcontractors or representatives. Notwithstanding the foregoing, this indemnification shall not extend to indirect, special, incidental, or consequential damages, including, without limitation, loss of profits, income, or business opportunities to the Cultural Centre or anyone claiming through the Cultural Centre. 8.2. The Cultural Centre agrees to so conduct its activities and the activities of its agents, employees, and subcontractors, so as not to endanger any person, and to indemnify and hold harmless the City, its officers, agents and employees from and against all claims, suits, actions, damages, liabilities, expenditures or causes of action of any kind arising out of or in any way connected to activity or inactivity of the Cultural Centre, its agents, employees, or subcontractors, and resulting or occurring from any negligent act, omission or error of the Cultural Centre, its agents, employees, or subcontractors, resulting in or relating to injuries to body, life, limb or property sustained as a result of activities associated with this Agreement, or arising out of the use of said premises by the Cultural Centre, its agents, employees, or subcontractors. City shall not be responsible for any property damage or bodily injury sustained by the Cultural Centre, its employees, agents, or subcontractors for any cause whatsoever, prior, during, or subsequent to the period of time during which this Agreement is in effect. 8.3. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity may be applicable. Nothing herein shall be construed as consent by a state agency or political subdivision of the State of Florida to be sued by third parties in any matter arising out of this Agreement or any other contract. Section 9.0. Waiver: 9.1. A waiver of any breach or default of any provision of this Agreement shall not constitute or operate as a waiver of any other breach or default of such provision or of any other provisions, nor shall any failure to enforce any provisions hereof operate as a waiver of such provision or any other provision. Section 10.0. Default: 10.1. This Agreement may be terminated upon the default of any condition of this Agreement by giving notice in writing and thirty (30) days to correct such default. Should any party fail to correct said default 262 of 324 within the thirty (30) day period, the agreement shall be automatically terminated, unless additional time to correct the default is granted in writing by the non-defaulting party. Section 11.0. Successors: 11.01. This agreement may not be assigned or transferred without express written consent of the City Manager and approved the City Commission. Section 12.0. Survivability: 12.01 . All the terms, conditions, provisions, and representations contained herein shall survive and transcend the execution of this Agreement. Section 13.0. Authorship: 13.01. In the event it becomes necessary for any reason to construe this Agreement as permitted by the Rules of Evidence of the State of Florida, this Agreement shall be construed as being jointly prepared and drafted by the parties hereto, and shall be interpreted under the laws of the State of Florida. Section 14.0. Entirety: 14.01. This Agreement, together with attachments represents the entire and integrated Agreement between the parties and supersedes all prior negotiations, representations, or agreements written or oral. This Agreement may be modified or amended only by written Addendum to Agreement duly executed by both parties hereto. Section 15.0. Severability: 15.1. If any provision of this Agreement or application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. Section 16.0. Term: 16.1. The term of this Agreement shall be for fifteen years with the option to renew if agreeable to both parties. Within the fifteen-year term this Agreement may be amended in writing from time to time by mutual agreement of the parties. Section 17.0. On going review and appropriations: 17.1. The City Commission retains the inherent authority to maintain ongoing review of the activities of the Cultural Centre and may with six months notice, through the annual budget process, at anytime before the expiration of this Agreement cease appropriations of funding and assistance to the Centre. 263 of 324 17.2. Upon default of this Agreement, or cessation of funding or assistance by the City, the Cultural Centre has the authority to remove exhibits and other items of personal property belonging to the Cultural Centre. Section 18.0. Binding Authority: 18.1. Each person signing this Agreement on behalf of either party individually warrants that she or he has full legal authority to execute this Agreement on behalf of the party for whom she or he is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. IN WITNESS WHEREOF , the parties hereto have caused these presents to be executed on the date and year indicated below: Witnesses: CITY OF BOYNTON BEACH Jerry Taylor, Mayor Attest: Date: _______ Janet M. Prainito, MMC, City Clerk Approved as to form: James A. Cherof, City Attorney Witnesses: BOYNTON BEACH CULTURAL CENTRE INC. _________, President Date: 11/04/09, 12/16/09, 02/01/10 264 of 324 Position Description Executive Director Schoolhouse Children’s Museum and Learning Center Boynton Beach, Florida The Executive Director of the Schoolhouse Children’s Museum and Learning Center (SCM) oversees all the day-to-day business operations of the Museum as well as the fiscal management. The Executive Director is responsible for the execution of the mission of the SCM, reporting directly to the Board of Directors and a hands-on Executive Board to manage a children’s museum strongly emphasizing educational programming. Administers all functions of the Museum within policies determined by the Board. Responsible for managing three full- time staff, part-time staff and volunteers for a facility totaling 10,210 square feet of enclosed display space devoted to education and preservation of Florida, science, art and history with very strong emphasis on educational programming geared to kindergarten to age nine. Major Responsibilities: Fiscal management of policies set for by the Board of Directors; Concentrate on fundraising activities up to and beyond 50% of other duties. Work closely with the Board and appropriate staff to identify, pursue and expand sources of funding, and make the best use of opportunities for earned income; establish positive relationships with government, foundations and corporate funders and with individual donors Serve as an effective spokesperson and face of the Museum: represent the programs and point of view of the SCM to organizations, and the general public; create mutually beneficial relationships with local community groups and organizations. Collaborate with the museum community at local, state, levels to further the SCM’s mission and enhance the Museum’s stature and visibility Direct the efforts to search out, organize, and propose a schedule of varied quarterly exhibits, allocating the budget among the various exhibits and garnering sources of additional funds as necessary. Assure proper research for educational purposes is carried out for each exhibit Create an atmosphere that attracts, retains and motivates a passionate, committed and diverse staff both paid and volunteer Ensure a physical facility that is clean, compliant, safe and inviting for visitors and staff Qualifications: The Executive Director must be a seasoned museum and/or education professional with a clear vision for the future of a children’s museum and a track record demonstrating that s/he can build the educational and exhibition programs, forge critical partnerships, and secure funding sources, while, at the same time, ensuring that the moment to moment operations of the Museum work effectively and efficiently. The ideal candidate must be a creative, passionate, innovative thinker who inspires others and leads by example. S/he must be able to motivate staff to perform visitors to revisit and donors to invest Job Requirements 265 of 324  A minimum of three years of management experience at a senior level with skills as an institutional and team builder  A record of visionary and innovative thinking and success as a leader  A Museum and/or related experience with a minimum of a Master’s degree in an appropriate field preferred  Creativity and an entrepreneurial bent  Excellent communication skills  Optimism  Good judgment  Initiative and perseverance  Appreciation and respect for others  And other duties as assigned 266 of 324 EXHIBIT A BOYNTON CULT URA L CENTRE, INC. SCHOOLHOUSE CHILDRENS M USEUM CIT Y SUPPORT FY2009-2010 Library Budget CURRENTRECOMMENDED Salaries & Benefits $140,378 $0 Electricity $38,400 $38,400 Water/Sewer $2,844 $2,844 Broadview Burglar Alarm $500$500 Office Supplies $500$500 Telephone $790$790 Telephone Advertising $270$270 Computer Maintenance $3,700 $3,700 Management Agreement $0$140,378 TOTAL LIBRA RY BUDGET$187,382$187,382 Facilities Budget Custodial Services $18,170 $18,170 Building Repairs $13,915 $13,915 Elevator Maintenance $2,845 $2,845 Fire Alarm & Sprinkler Maintenance/ $3,100 $3,100 Inspections & Monitoring Fire Extinguisher Maintenance $512$512 Pest Control $312$312 TOTAL FACILITIES BUDGET$38,854$38,854 Risk Management Property Insurance $6,919 $6,919 TOTAL RISK MAN AG EMENT BUDGET$6,919$6,919 FISCA L YEAR BUDGET 09 -10 $233,155 $233,155 267 of 324 10. C CITY MANAGER’S REPORT February 16, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 16, 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: Authorize disposal of portable stage equipment by auction EQUESTED CTION BY ITY OMMISSION or other method (eBay) due to high labor and maintenance costs of operation. ER: The Recreation and Parks Department currently has a stage that XPLANATION OF EQUEST was purchased over 20 years ago in 1989. It is used for events organized by the City and also for several events organized by other agencies and community groups. The City typically has not charged community groups for the use of the stage. Maintenance for the stage for the past five years has cost $8,942. Considering its age, staff anticipates that maintenance costs will continue to increase, although it is difficult to predict exactly how much. Set-up and breakdown of the stage requires a team of five Parks Division employees approximately 5-6 hours. This equates to approximately 25-30 hours of labor each time the stage is used. Since January 2008, the stage has been used for four City sponsored/organized special events (2 Holiday Parades, 2 Family Day Picnics) and 14 events that were not organized by the City. Consequently, in two years, Parks Division staff has dedicated more than 460 hours to set up and breakdown the stage. A fee to use the stage is not charged for events not organized by the City. Staff recommends that the stage be sold at auction or through eBay. For future events, a stage can be rented and rental fees can be included in the budget for that event and/or paid for by sponsor(s). Cost to rent a stage varies from approximately $1,000 to $3,000 per rental depending on the type of stage needed, such as a covered stage versus an open stage. 268 of 324 The cost to purchase a new stage is approximately $90,000 depending on the type of stage desired. There is no funding available for a new stage. H? Staff can rent a stage for City events that OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES require such equipment. The cost to rent a stage must then be included in the budget for the event, and/or offset by a sponsorship. FI: It takes approximately 5-6 hours for team of five employees to set-up and ISCAL MPACT breakdown the stage. It is difficult to determine an exact fiscal impact since the pay rates for the employees varies not only based on their classification and years of service, but also by whether the related activities occur during regular work hours, or must be paid based on overtime (OT) or holiday rates. However, for illustrative purposes, we will use an average salary of $25/hour per employee for regular time and $37.50/hour for the OT rate. Since it takes approximately 25-30 labor hours to setup/breakdown, it costs the City approximately $625 - $938 each time the stage is used. Therefore, since January 2008, personnel expenses related to set/breakdown of the stage equal approximately $12,250. The fiscal impact essentially would be a reduction of this personnel expense since the cost to rent a stage would be included in the budget for the event, and the elimination of future maintenance costs. A: Additionally, the Commission may consider: LTERNATIVES 1. Staff Recommendation: Sell the stage at public auction or through eBay and rent on an as needed basis. 2. Not to sell the stage at this time and continue to incur maintenance and labor costs to set-up and takedown the stage for both City and non-City sponsored/organized events. 3. Keep the stage and consider developing a User’s Fee Policy for all users to offset City personnel expenses and no longer “lend” out the stage to community groups. 269 of 324 270 of 324 10. D CITY MANAGER’S REPORT February 16, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 16, 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: Authorize issuance of an RFP for Towing Rotation EQUESTED CTION BY ITY OMMISSION Franchise Agreement. ER: At the January 19, 2010 Commission meeting the City Commission XPLANATION OF EQUEST directed staff to develop an RFP that would provide for the selection of 6-8 tow providers on a rotational basis. The Commission further expressed the desire to charge a franchise fee for the towing program participation. Attached is a draft RFP document for your review and discussion. The right hand column indicates policy issues for which staff seeks direction from the Commission to finalize the RFP. The Scope of Services is as follows: The City of Boynton Beach is actively seeking qualified tow companies to provide vehicle towing services in accordance with the terms and conditions and specifications contained in the Three (3) Year Towing Franchise Agreement to provide Class “A”, “B”, “C” and “D” towing services on a rotational basis. Awarded tow companies will be issued a Franchise agreement to provide towing services as stated in the terms and conditions of the Franchise Agreement. (see outline attached). Once the RFP document is finalized, staff anticipates advertising for Request for Proposals by the end of February with an RFP submittal deadline of March 17, 2010. H? We currently manage a rotation contract OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES with six providers. Continuation of this program (or expanding to 7) will have minimal impact on our current program. FI: Depends on the franchise fee requested in the RFP and the number of ISCAL MPACT qualified respondents. 271 of 324 A: Consider other contract models. i.e. exclusive franchise, non-exclusive LTERNATIVES franchise (1-2 providers) or a rotation program without franchise fees. 272 of 324 TOWING FRANCHISE AGREEMENT REQUEST FOR PROPOSALS ADMINISTRATION’S PROPOSED RFP COMMISSION DECISION REQUEST FOR PROPOSAL FROM TOWING CONTRACTORS FOR Confirm the number of years THREE YEAR TOWING FRANCHISE ROTATION FOR THE CITY OF BOYNTON BEACH, FLORIDA Confirm that program will be a franchise relationship RFP #000-2110-10/CJD SECTION 1 - SUBMITTAL INFORMATION A.The City of Boynton Beach will receive RFP responses until March 17, 2010, at 2:30 P.M. (LOCAL TIME) in Procurement Confirm deadline Services located on the second floor of City Hall, 100 E. Boynton Beach Boulevard, to provide the City with professional Class A, B, C and D towing services. B.Any responses received after the above stated time and date will not be considered. It shall be the sole responsibility of the qualifier to have their RFP response delivered to Procurement Services for receipt on or before the above stated time and date. It is recommended that responses be sent by an overnight air courier service or some other method that creates proof of submittal. RFP responses which arrive after the above stated deadline as a result of delay by the mail service shall not be considered shall not be opened at the public opening, and arrangements shall be made for their return at the qualifier’s request and expense. The City reserves the right to consider submittals that have been determined by the City to be received late due solely to mishandling by the City after receipt of the RFP and prior to the award being made. C.These RFP’s will be publicly opened and read aloud in Procurement Services after the designated due date, on March 17, 2010, at 2:30 p.m. (local time). All qualifiers or their representatives are invited to be present. Procurement Services is located on the second floor of City Hall, 100 E. Boynton Beach Boulevard. D.If any addendum(s) are issued to this REQUEST FOR PROPOSAL, the City will attempt to notify all prospective qualifiers who have secured same, however, it shall be the responsibility of each qualifier, prior to submitting the RFP response, to contact the City Procurement Services at (561) 742-6323 to determine if any addendum(s) were issued and to make any addendum acknowledgements as part of their RFP response. E.One (1) original, “so marked”, and five (5) copies, of the RFP response shall be submitted in one sealed package clearly marked on the outside “RFP FOR, “THREE YEAR CONTRACT FOR VEHICLE TOWING ROTATION PROGRAM” and addressed to: City of Boynton Beach, Procurement Services, P.O. Box 273 of 324 310, Boynton Beach, FL 33425-0310. F.Responses shall clearly indicate the legal name, address and telephone number of the qualifier (firm, corporation, partnership or individual). Responses shall be signed above the typed or printed name and title of the signer. The signer shall have the authority to bind the qualifier to the submitted RFP. Qualifiers must note their Federal I.D. number on their RFP submittal. G.Listing of owners or principal stockholders H.List of persons with direct responsibility for operations of firm (history, resume I.All expenses for making RFP responses to the City are to be borne by the qualifier. J.The successful Proposer(s) shall be required to enter into a Towing Franchise Agreement with the City within fourteen (14) calendar days of Notice that the Proposer has been selected. K.Proof of current valid County license to engage in tow services and certificate of good standing from Department of Consumer Affairs. SECTION 2- SCOPE OF WORK The City of Boynton Beach is actively seeking qualified tow companies to provide vehicle towing services in accordance with the terms, conditions and specifications contained in this Request Consider and/or limit Class of tows. for Proposal(RFP) to provide Class “A”, “B” “C” and “D” towing services. Tow Companies will be issued a Franchise to provide towing services as stated in the terms and conditions of the Franchise Agreement. There shall be no charge for towing City vehicles with the exception that the City will pay a flat fee of $250 for the towing of Confirm that City will not be charged a fee for a Class D vehicle. City vehicles. Tow rates shall be as established by Palm Beach County, as Confirm maximum charge for Class D. amended from time to time. By submitting a proposal, Proposer affirms and represents that Proposer has reviewed the complete Scope of Services that is part of the RFP Payment for towing will not be made without the inclusion of a Police Department case number, City vehicle number and VIN number as applicable. If more than one (1) tow Company is selected, the City shall utilize a per incident rotation system of operations for this agreement. Notwithstanding that more than seven (7) companies may be qualified; no more than seven (7) Proposers will be awarded a towing Franchise. Consider maximum number Inside Storage and Outside Storage will be inspected by the Committee to be sure the compound is in compliance with Chapter (10), Article I, Sections 10-2 and 10-3 of the Code of Ordinances that it is free of loose debris, auto parts laying around, fence and gate have locks, area is not susceptible to flooding, hedges are trimmed and landscaping is neat as addressed in Chapter 15, Article IX. Also Chapter 2 Zoning, Section 8 that all storage of vehicles to be screened. 274 of 324 Proposer should be primarily engaged in towing services and business interests in automotive/truck repairs, paint and body, Consider need for information of other business salvage, junkyard, or recycling business must be limited and interests disclosed. SECTION 3- FRANCHISE FEE: The successful TOW CONTRACTOR shall pay the City of Boynton Beach the annual franchise fee of $30,000.00. The franchise fee is Consider annual increase to the Franchise Fee payable to the City of Boynton Beach in four (4) quarterly based on CPI or increase based on percentage payments, with the first payment due within two weeks of the increase of County tow rates. commencement of the Agreement by the City of Boynton Beach. Payments 2, 3, and 4 shall be due 90, 180, and 270 days respectively from the date of the commencement. Payments for second and third years of this agreement shall be identical to year one and each additional one year renewal approved by City. SECTION 4 - REQUIREMENTS OF APPLICATION For consideration, an original “so marked” and five (5) copies of the RFP and the accompanying information must be submitted in a sealed envelope which is clearly and visibly marked on the outside of the : “THREE YEAR CONTRACT FOR VEHICLE TOWING ROTATION PROGRAM”. All RFP’s must be submitted and received in the Procurement Services Department, 100 E. Boynton Beach Blvd., or P.O. Box 310, Boynton Beach, Florida 33425-0310. Procurement Services is located in the Main City Hall Complex, second floor. DEADLINE IS: March 17, 2010, No later than 2:30 P.M. (local time). All applications must be submitted as specified on the application pages. Any attachments must be clearly identified. To be considered, the application must respond to all parts of the RFP. Any other information thought to be relevant, but not applicable to the enumerated categories, should be provided as an appendix to the proposal. If publications are supplied by an applicant to respond to a requirement, the response should include reference to the document number and page number. This will provide a quick reference for the evaluators. Applications not providing this reference will be considered to have no reference material included in the additional documents. SECTION 5 - SELECTION CRITERIA: The RFP response should be designed to portray to the City how the qualifier’s range of services can best assist with the TOWING SERVICES. In order to evaluate the capabilities of all firms, each RFP shall include, at a minimum, the following information: 1.Personnel information of each company director, officer, supervisor, driver and employee as follows: Consider other criteria that would assist the Commission in ranking and selecting Proposals a)The names and positions of each driver to be assigned to this RFP. b)Resumes of personnel re: experience in towing c)Evidence of possession of required licenses or business permits. d)Evidence of previous experience in towing of a similar nature. Provide contact names and phone numbers along with project names and 275 of 324 appropriate agency contacts. 2.Reference listing, including contact names and phone numbers. 3.A narrative statement describing the willingness and ability to meet the anticipated City towing needs considering the firm’s current and projected workload. 4.A list of all lawsuits in which the firm has been named as a party in the past two (2) years. 5.A list of other contracts, franchises or agreements with governmental agencies to provide towing service within the last five (5) years and: a)The status of the contract, franchise or agreement. b)The name and contact information for the agency. c)A statement describing why the contract, franchise or agreement was cancelled if it was cancelled for cause. SECTION 6- EVALUATION COMMITTEE: 1.The City Manager will appoint an Evaluation Committee Consider composition of Evaluation Committee that will review all RFP responses, interview eligible top ranking qualifiers. 2.The panel will recommend by ranking all proposers to Commission. 3.After ranking is completed, the City will negotiate an agreement substantially based on the final scope of services developed from this Request for RFP. The City reserves the right to include additional provisions if the inclusion is in the best interest of the City, as determined solely by the City. Assuming the successful negotiation of an agreement, the final Franchise Agreement will be formalized by the City Attorney and submitted to the City Commission for their consideration and approval. 4.Each proposer, by submission of an RFP response, acknowledges that in the event of any legal action challenging the award of the project, damages, if any, shall be limited to the actual cost of the preparation of the RFP. 5. Each respondent is deemed to have knowledge of all applicable federal, state and local laws, rules, ordinances and regulations of all authorities having jurisdiction over all aspects of Towing. SECTION 7- QUALIFICATION OF THE FIRMS BY THE EVALUATION COMMITTEE The evaluation Committee will detriment which Proposers are qualified by considering the information provided in response the RFP and the following criteria: 1.Evidence of ability to provide Class A and B, C, and “D” 2.List of company equipment to include model, year, towing capacity and equipment condition and schedule of which Class of tow each can handle 276 of 324 3.List of storage compounds must be within 10 mile radius of City limits: 4.List of towing operators to include: Training of each operator (last 2 years), CDL Numbers and Annual Motor Vehicle Incident Report on all CDL holders. 5.List and provide copies of business tax receipts 6.Comply with insurance requirements as stated in RFP 7.Proof of Performance Bond or a Letter of Credit capability to cover Franchise Fee (letter from bonding or surety company) 8.Number of years providing towing services 9.Listing of pending lawsuits SECTION 8- DESIGNATION OF COMPANIES TO BE OFFERED A TOW FRANCHISE The City Commission shall consider the companies designed as qualified by the Evaluation Committee at a public hearing and select those companies that will be offered a Franchise Agreement. H:\1990\900182.BB\TOWING FRANCHISE AGREEMENT - Comm Direction v3.doc 277 of 324 278 of 324 10. E CITY MANAGER’S REPORT February 16, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: 2/16/10 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: Follow up staff report on Seacrest tree planting. EQUESTED CTION BY ITY OMMISSION ER: On February 2, 2010 staff requested authorization to apply for a grant XPLANATION OF EQUEST in the amount of $24,000 from the Florida Department of Agriculture and Consumer Services, for the 2009-2011 Forest Health Improvement Initiative Grant Program to plant trees and palms in Pence Park and in the medians on S.W. 4th Street. Commissioner Rodriguez requested staff look into the possibility of submitting a second application for tree planting along Seacrest Blvd, between Boynton Beach Blvd. and Woolbright Road. H? Staff began been working on the OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Recovery Act funded Forest Health Improvement application last December, as it required a significant amount of time and research to prepare. With the deadline for submission of February 12, 2010, and Seacrest being a County road, there wasn’t sufficient time to develop a second application for this funding opportunity. The City’s Grants Coordinator conducted some initial research for other potential funding sources. Initial research identified three potential opportunities: 1. Palm Beach County Thoroughfare Beautification Grant Program a. Only applies to State thoroughfares, no funding for County roads 2. The Home Depot Corporation: Building Healthy Communities Grant Program a. Maximum grant award $2,500 3. Urban and Community Forestry Grant Program a. Requires 50% match of non-federal dollars, maximum award $60k, deadline 04/04/2010. 279 of 324 FI: 4. If the City Commission would like staff to apply for the Urban and ISCAL MPACT Community Forestry Grant Program, based on a projected total project cost of $22,750 plant approximately 91 Sable Palm trees along Seacrest Blvd., 50% or $11,375 would need to be included in the FY2010-2011 Capital Improvement Program budget as a match. This price includes the cost of tree acquisition and planting but does not include the cost of initial watering to guarantee tree establishment. Staff anticipates using in- house staff for watering based upon current programs and staffing levels. The estimated in kind cost of in-house watering is approximately $18,000. Should future staff levels be cut, then watering must be performed contractually with corresponding contractual funds included in the Forestry and Grounds operating budget for FY2010/11. A: LTERNATIVES 1. Direct staff to prepare an application for the FY2010 Urban and Community Forestry Grant Program and amend the current CIP to include $11,375 in FY2010-2011 as the city’s 50% match for the grant application. 2. Direct staff to continue researching potential funding sources with no required match. 280 of 324 10. F CITY MANAGER’S REPORT February 16, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 16, 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: Provide direction to staff to proceed with selection of an EQUESTED CTION BY ITY OMMISSION Architect/Engineer for the purpose of designing Police Facilites at the Renaissance Commons office building located at 1500 W. Gateway Boulevard. ER: The following is the technical portion of a Request For Qualifications for XPLANATION OF EQUEST professional Architect/Engineer services for the purpose of designing the Police facilities at Renaissance Commons. Staff provides this information now to the City Commission for two primary reasons as follows: 1.Authorize staff to advertize for professional Architect/Engineer services, and 2.Review and comment, if desired, on technical skills sought by the City for this endeavor. REQUEST FOR PROPOSALS QUALIFICATION SPECIFICATIONS Boynton Beach History The City of Boynton Beach, “The Gateway to the Gulf Stream,” is a coastal city located in a rapidly growing area of Palm Beach County. Major Nathan S. Boynton, a native of Michigan who distinguished himself in the Civil War, founded the city. Boynton directed the construction of the Boynton Beach Hotel from 1895 to 1897. He and his workmen, recruited from Michigan, brought their families and settled in the new town of Boynton. With other settlers, the early years of our city were spent building a town, raising vegetables to supply their needs and those of the guests at the Boynton Beach Hotel and shipping pineapples, tomatoes and other crops north on Henry Flagler’s new Florida East Coast Railroad. Boynton Beach Today 281 of 324 Today, the City attracts a multitude of business and industry and people of all ages and interests. Residents and business owners in Boynton Beach are served by a City government that provides a variety of services. From necessities such as water and sewer, garbage and trash pickup, police and fire protection and code compliance, to amenities such as parks, recreation facilities, golf, tennis, library services, and oceanfront and special events. The City’s elected officials and employees are dedicated to making Boynton Beach a great city in which to live, work, play and learn. Boynton Beach is a community of rich history east and west of I-95 In addition, the City has posted a number of other documents including the several related to this project. These documents may be found at the City’s web site at the following URL: http://www.boynton-beach.org/governament/departments/public_affairs/publications/index.html Copies of minutes of the City Commission meeting and agenda packets with full back-up material may be found at this URL: http://weblink.ci.boynton-beach.fl.us/browse.aspx?startid=33975&dbid=0 Our City’s Form of Government The City of Boynton Beach has a Commission-City Manager form of government. Residents elect the Mayor and City Commissioners, who in turn appoint a City Manager to manage the day-to-day operation of the City and to carry out Commission policy. The City Manager directs the operation of departments that provide City residents with services and programs. For additional information about our City government, please visit our web page at: http://www.boynton-beach.org/. Information about the Boynton Beach Police Department, including staffing levels etc. may be found at this web page: http://www.bbpd.org/ Section III – City Needs and QUALIFICATION SUBMITTAL Requirements Purpose and Overview of the Request for QUALIFICATION SUBMITTALS The City Commission plans to move its Police operations to the Renaissance Commons office building located at 1500 Gateway Boulevard provided the available space can be designed to accommodated the police department’s operational needs. Professional analysis of the police departments space needs and design of the space is being sought. Description of Police Facility Project The existing office building in Renaissance Commons located at 1500 Gateway Boulevard, hereinafter referred to as BUILDING, is a privately owned structure constructed as a shell building. The City plans to purchase interior space to support Police functions. The City now seeks design professionals (Architect/Engineer) to perform design and construction oversight services necessary for the Police staff to successfully occupy the BUILDING in an expedited manner and prior to the expiration of the inspection period afforded the City in the Purchase Agreement the City will be entering into with the Property Owner. Design services shall include preliminary space programming. It is anticipated that the Police Department will occupy up to 45,000 Sq. Ft. of office space on the third floor of the BUILDING and up to 15,000 Sq. Ft. of office space on the first floor. Additionally, existing parking and storage space interior to the building will be made available to the City to satisfy other needs of the Police Department such as Sallie Port and storage. These estimates are provided in this RFQ only for the purpose 282 of 324 of providing respondents with the anticipated scope of the overall project. Final space project scope will be determined during the design process. Police Facility design amenities will include, but not be limited to: 1. General office support space 2. Public reception areas 3. Prisoner processing areas 4. Evidence storage areas 5. Communications (dispatch) 6. Sallie Port 7. Backup power generation 8. Building security (integrated into existing BUILDING system where applicable) 9. Voice and Data systems 10. Design shall be LEED certified Portions of the BUILDING are currently occupied by other tenants. The first floor space supports general retail and restaurant function. The second floor supports general office activities. The third floor is vacant. A portion of the fourth and fifth floors are used as a storage facility. Careful coordination of design with the BUILDING owner is critical to ensure that existing uses, and proposed Police activities, do not conflict to the detriment of any BUILDING tenant or user, including the Police Department. To that end, the Architect/Engineer shall be capable of evaluating compatibility of all work processes, commingling of pedestrians and visitors, and impact of Police activities such as response services on the Building site. QUALIFICATION SUBMITTAL Qualifications and Skills Generally, the Architect/Engineer shall possess the requisite skills and experience necessary to ensure the successful integration, and operation, of the Boynton Beach Police Department into the BUILDING as noted in the project description above. In particular, the City will seek, at minimum, skills and experience by the Architect/Engineer in the following core areas: 1. Experience in preparing space programming for Police facilities. 2. Experience of Architect/Engineer designing Police facilities. 3. Experience of Architect/Engineer designing build out within an existing mixed used structure. 4. Experience of Architect/Engineer in building design based on LEEDS and other green construction techniques. 5. Experience of design team personnel. Section IV – QUALIFICATION SUBMITTAL Contents The RFQ response should be designed to portray to the City how the firm’s range of services and approach can best assist with a new Police facility at Renaissance Commons. The QUALIFICATION SUBMITTAL should include certain information in order to enable City staff to fairly evaluate all firms. Therefore, each QUALIFICATION SUBMITTAL shall include, at a minimum, the following:  Cover Page . Clearly state the QUALIFICATION SUBMITTAL title and your firm name.  Table of Contents . All pages should be clearly and consecutively numbered and correspond to the table of contents.  Executive Summary . Include a brief summary of three to five (3-5) pages describing - The Respondent’s ability to perform all or part of the work requested in this RFQ. o A history of the Respondent’s background and experience providing services. o 283 of 324 The qualifications of the Respondent’s personnel to be assigned to this project, o subcontractors, sub Contractor/Developers, and/or suppliers and a brief history of their background and experience, and any other information called for by this RFQ which the Respondent deems relevant, including restating any exceptions to this RFQ. This summary should be brief and concise to apprise the reader of the basic services offered, experience and qualifications of the Respondent and their subcontractors, sub Contractor/Developers, and/or suppliers.  Documentation . Respondents shall provide documentation that demonstrates their ability to satisfy any or all of the required information contained herein to include background information on the proposing firm and service provider. Respondents who do not satisfy any of the RFQ requirements or who fail to provide supporting documentation and/or affidavits as specified herein may be deemed non-responsive. If a prescribed format or required documentation for the response to information requirements is listed below, Respondents should use said format and supply said documentation to be considered responsive.  Proposed Approach and Services . This section of the QUALIFICATION SUBMITTAL should - Describe the Respondent’s approach, benefits of the proposed approach, breadth of services, o and the responsibilities of management and personnel who will perform work for the City. Describe methods employed to ensure quality service, customer satisfaction, prompt o complaint resolution, effective employee performance and training, safety, and timely initiation and completion of all work. Provide a list of additional services that will be provided if selected by the City that has not o been stated in this RFQ.  References. Respondents must provide a list of at least three (3) references within the last five (5) years of either current or former clients for which your firm provided similar work included in this RFQ. Provide contact names, phone numbers along with project names and a brief description and size of each project.  Qualifications. Respondents must include an organization chart and estimate the amount of involvement, expressed as a percentage of time, of each key staff member providing services to the City under the QUALIFICATION SUBMITTAL. For all key personnel, provide the qualifications (particularly of the lead on-site person) who will serve the City. Provide resumes to include academic training and employment in the applicable fields.  Lawsuits. Respondents must provide a list of all lawsuits in which the firm has been named as a party in the past four (4) years along with the status of the lawsuit. Appendix A The following items are included with this RFQ in . They all require completion and submission with any QUALIFICATION SUBMITTAL responding to this RFQ in order to have a valid submittal. 284 of 324 1.Proposer’s Acknowledgement 2.Addendum(s) 3.Statement of Proposer’s Qualifications 4.Anti-Kickback Affidavit 5.Non-collusion Affidavit of Prime Proposer 6.Minority Owned Business Statement 7.Confirmation of a Drug Free Workplace 8.Statement of No Submittal (if applicable) Each entity, by submission of a QUALIFICATION SUBMITTAL, acknowledges that in the event of any legal action challenging the award of the project, damages, if any, shall be limited to the actual cost of the preparation of the QUALIFICATION SUBMITTAL. Each respondent is deemed to have knowledge of all applicable federal, state and local laws, rules, ordinances and regulations of all authorities having jurisdiction over all aspects of the project. Section V - Evaluation/Selection of QUALIFICATION SUBMITTALS The City expects to receive a number of QUALIFICATION SUBMITTALS. Staff reviews will be conducted pursuant to the provisions of the Florida Sunshine Law. The following weighting factors will be applied to staff review. 40% Experience in preparing space programming for Police facilities. 30% Experience of Architect/Engineer designing Police facilities. 15% Experience of Architect/Engineer designing build out within an existing mixed use structure. 10% Experience of Architect/Engineer in building design based on LEEDS and other green construction techniques. 5% Experience of design team personnel and the office proximity to Boynton Beach. The City will provide an evaluation panel that will review all QUALIFICATION SUBMITTALS and possibly interview eligible and top ranking submittals. City staff will then select and recommend the top three (3) QUALIFICATION SUBMITTALS that possess the highest qualifications, in order of ranking, to the City Commission. After ranking is completed, the recommended finalists will be presented to the City Commission in a public forum who may, at their option, request formal presentations prior to the final selection of a contractor/developer for this project. The City Commission may choose to further evaluate any QUALIFICATION SUBMITTAL it deems to be in the best interest of the public. It is anticipated that the City Commission will select an Architect/Engineer at its April 20, 2010 City Commission Meeting. Upon selection, City staff begins design contract negotiation. END OF QUALIFICATION SPECIFICATIONS H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES 285 of 324 To proceed with the RFQ process will authorize staff to allocate certain resources necessary to complete this work. FISCAL IMPACT None at this time. Upon selection of an Architect/Engineer, design tasks and costs will be negotiated for subsequent submittal to the City Commission for approval. Estimated cost to construct the Police Facility at Renaissance Commons is slightly over $20M as depicted on Exhibit 1. A: LTERNATIVES Do not direct staff to proceed with selection of an Architect/Engineer for the design of Police facilities at Renaissance Commons. 286 of 324 287 of 324 10. G CITY MANAGER’S REPORT February 16, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 16, 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: Follow-up Discussion on proposed purchase contract for EQUESTED CTION BY ITY OMMISSION office space located at 1500 Gateway Blvd for a police facility. ER: At the January 19, 2010 City Commission meeting, City staff was XPLANATION OF EQUEST authorized to commence negotiations with RCC VII, LLC for the purchase of vacant un-used office space in an office building at 1500 Gateway Boulevard to be used by the Boynton Beach Police Department. The City Commission selected the purchase option over the lease purchase option at that meeting. The City Commission reviewed a time-line for the project at the City Commission meeting on February 2, 2010. The City Attorney’s Office has been assigned to take the lead on this aspect of the project. A draft purchase agreement, if agreed to by the seller will be presented to the City Commission at or before the meeting of February 16, 2010. H? Purchase authorization is necessary to OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES proceed with the project. FI: The projected price of purchase of up to 66,893 sq. ft per the submitted RFP ISCAL MPACT is $180.00 sq. ft or a total of $12,040,740. Preliminary staff discussion calls for the financing of the purchase and build-out (estimated cost of build-out is $8,000,000) via Build America Bonds (BAB). The reason for this preliminary recommendation is that the BAB carry a provision that up to 35% of interest costs are paid from Federal Stimulus funding. The current known deadline for BAB financing with the 35% interest payment is December 31, 2010. However, the President’s budget proposal calls for continuation of the program with 28% interest payment by the Federal Government. There are other conventional financing programs available also. The debt service on borrowing would not commence until Fiscal 2011-2012 (after October 2011) at the earliest. 288 of 324 A: Do not proceed with the purchase of the office space and revisit the lease LTERNATIVES purchase option or postpone project further. Attachments: 1. Summary of Project Costs from 1/19/10 City Commission Agenda Packet 2. Projected Project Time-Line with financing time-line corrected to meet 12/31/10 deadline for Build America Bonds and a 35% interest payment by the Federal Government. 3. Letter from RBC Capital Markets dated 2/1/10 Summarizing available financing options 4. Proposed Purchase Agreement (when available) 289 of 324 290 of 324 291 of 324 292 of 324 293 of 324 13. A LEGAL February 16, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 16, 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 ORDINANCE NO. 10 -006 - SECOND EQUESTED CTION BY ITY OMMISSION READING -- Amend and restate Article II, Chapter 18 of Boynton Beach Code of Ordinances entitled "Employees' Pension Plan". ER: The Board of Trustees of the Employees’ Pension Plan has XPLANATION OF EQUEST approved and is recommending that the City Commission approve an amendment to the Pension Plan Ordinance. The amended Ordinance incorporates  Revisions to the Federal Law for the Federal Heroes Earnings Assistance and Relief Tax (“HEART”) Act of 2008 and  Changes the Board of Trustees recommend. Modifications to the Ordinance Section (to include the Page number of the attached restated Ordinance) are summarized as follows. Section 18-55 Definitions (Page 3) 1. has been amended as follows: a. Annual Earnings has been amended to include differential wages for active duty military service pursuant to HEART; b. Employee has been amended to clarify that only full time employees are eligible to participate in the Plan. 294 of 324 Section 18-76 Policemen (Pages 3 - 4) 2. has been deleted entirely since police officers can no longer participate in the plan. Section 18-77 Creditable Service (Pages 4 – 5) 3. has been amended to delete obsolete language and to cross reference to include military and related service. Section 18-81 Military and Related Service (Pages 5 – 6) 4. has been amended to provide service for members who die or become disabled while on active duty military service pursuant to HEART. Section 18-95 Deduct contributions from pay (Page 6) 5. has been amended to remove obsolete language. Section 18-113 Delayed retirement (Pages 7 – 8) 6. has been amended to remove obsolete language. Section 18-126 Disability retirement benefits (Pages 8 – 9) 7. has been amended to make an exception to the disability exclusions for individuals injured while on active duty pursuant to HEART. Section 18-128 Elective benefits (Pages 9 – 12) 8. has been amended to end future enrollments in the elective benefits option and to allow refunds for members who cancel their participation in the elective benefits. Section 18-135 Board of Trustees (Pages 17 – 18) 9. has been amended to allow the expansion of the trustee terms from two years to four years. These expanded terms are effective for terms beginning after the effective date of the Ordinance. Section 18-145 City of Boynton Beach Investment Policy for General Employees’ 10. Pension Fund (Pages 19 - 28) has been amended to expand the permissible investments of the Plan. This section has also been amended to incorporate changes to Investment Policy Guidelines per the recommendation of the Board’s investment monitor. Section 18.145.1 City of Boynton Beach General Employees Pension Fund - 11. stocks, bonds, mutual funds, etc. (Pages 28 – 30) has been deleted as being redundant H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: In the opinion of the Pension Plan’s actuary, the amendment will have no ISCAL MPACT actuarial impact on the Plan. A: Not approve the amendment and restatement to the Pension Plan Ordinance. LTERNATIVES 295 of 324 ORDINANCE 10-____ AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ARTICLE II, OF CHAPTER 18 OF THE BOYNTON BEACH CODE OF ORDINANCES, ENTITLED “EMPLOYEES’ PENSION PLAN;” AMENDING SECTION 18-55 BY AMENDING THE DEFINITION OF ANNUAL DEFINITIONS EARNINGS TO INCLUDE DIFFERENTIAL WAGES; AMENDING THE DEFINITION OF EMPLOYEE TO CLARIFY THAT ONLY FULL TIME EMPLOYEES ARE ELIGIBLE TO PARTICIPATE; DELETING SECTION 18-76 ; AMENDING SECTION 18-77 TO POLICEMENCREDITABLE SERVICE INCLUDE MILITARY AND RELATED SERVICE; AMENDING SECTION 18-81 TO INCLUDE CREDITED SERVICE FOR MILITARY AND RELATED SERVICE MEMBERS WHO DIE OR BECOME DISABLED WHILE ON ACTIVE DUTY MILITARY SERVICE; AMENDING SECTION 18-95 DEDUCT TO REMOVE OBSOLETE LANGUAGE; CONTRIBUTIONS FROM PAY AMENDING SECTION 18-113 TO REMOVE DELAYED RETIREMENT OBSOLETE LANGUAGE; AMENDING SECTION 18-126 DISABILITY TO ALLOW FOR BENEFITS FOR MEMBER WHO RETIREMENT BENEFITS DIE OR BECOME DISABLED WHILE ON ACTIVE DUTY MILITARY SERVICE; AMENDING SECTION 18-128 TO END FUTURE ELECTIVE BENEFITS ENROLLMENTS IN THE ELECTIVE BENEFITS; AMENDING SECTION 18-135 TO INCREASE TRUSTEE TERMS TO FOUR YEARS; BOARD OF TRUSTEES AMENDING SECTION 18-145 CITY OF BOYNTON BEACH INVESTMENT TO EXPAND POLICY FOR GENERAL EMPLOYEES’ PENSION FUND PERMISSIBLE INVESTMENTS; DELETING SECTION 18-145.1 CITY OF BOYNTON BEACH GENERAL EMPLOYEES PENSION FUND - STOCKS, AS REDUNDANT; PROVIDING FOR BONDS, MUTUAL FUNDS, ETC. CODIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE HEREOF. WHEREAS, the Board of Trustees of the Employees' Pension Plan of the City of Boynton Beach, Florida recommends amendment to the Pension Plan as provided herein; and WHEREAS, the City Commission of the City of Boynton Beach, Florida, desires to so amend the Employees' Pension Plan of the City of Boynton Beach, Florida; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. The foregoing “WHEREAS” clauses are hereby certified as being true and correct and are incorporated herein by this reference. 296 of 324 Section 2. The definitions of Annual Earnings and Employee of Section 18-55 of Article II of Chapter 18 of the Boynton Beach Code of Ordinances is hereby amended as follows: Sec. 18-55. Definitions. The following words and phrases, as used in this article, unless a different meaning is plainly required by the context, shall have the following meanings, and the same and similar terms when used in connection with any civil service system or any other ordinance of the city shall not necessarily apply to the members of the retirement system hereby created except when specifically adopted: * * * Annual earnings. Gross earnings received by the employee as compensation for services to the city, including overtime pay. Bonuses shall be excluded. Flexible benefits shall Beginning with Annual earnings after December 31, 2008, and pursuant to be excluded. Internal Revenue Code Section 414(u)(7), the definition of Annual earnings includes amounts paid by the City as differential wages to members who are absent from employment while in qualified military service. * * * full-time Employee. All persons employed by the city and so classified under rules and regulations and personnel records of the city, including “probational” or permanent employees. Any appointed officer shall only be qualified under this plan under one office and that office being the one from which he receives the largest annual salary, compensation or remuneration. Independent contractors are excluded. Part-time employees working less than thirty (30) hours per week are excluded. 297 of 324 Section 3. Sec. 18-76 of Article II of Chapter 18 of the Boynton Beach Code of Ordinances is hereby deleted in its entirety as follows: Sec. 18-76. Policemen. Policemen who do not elect to become members of the pension plan for policemen in Boynton Beach when first eligible, or who elect not to participate in the pension plan for policemen within twelve (12) months alter employment, will become members of the General Employees' Pension Plan of the City of Boynton Beach on the first day of the month following, or coinciding with, the date of their election not to participate in, or to terminate from, the pension plan for policemen, provided they qualify under section 18-75 as full-time permanent general employees. Section 4. Sec. 18-77 of Article II of Chapter 18 of the Boynton Beach Code of Ordinances is hereby amended as follows: Sec. 18-77. Creditable service. Creditable service for the purpose of calculating benefits for general employees shall consist of the member's service rendered by the employee since he last became a member, plus past service, rendered continuously since the employee's last date of employment as defined in section 18-78 to the date of his separation from service by reason of death, disability, termination of employment or retirement but not beyond the employee's normal retirement date as described in section 18-111 if such date falls on or after January 1, 1979, except that an employee who delays retirement and who elects to continue to contribute after normal retirement date as provided in section 18-95 shall receive creditable service after normal retirement date up to the date of delayed retirement. 298 of 324 Creditable service shall also include any credit granted for military service pursuant to Section 18-81 Military and related service. Section 5. Sec. 18-81 of Article II of Chapter 18 of the Boynton Beach Code of Ordinances is hereby amended as follows: Sec. 18-81. Military and related service. When any member is inducted or enlists into any of the Armed Forces of the United States, or enlists in any reserve component, enlists in the United States Coast Guard, or in any other reserve component, or enters upon active duty in the Armed Forces of the United States, the United States Coast Guard, or the United States Public Health Service in response to an order or call to active duty, and is subsequently reemployed by the city as a full-time permanent general city employee under such circumstances that he thereby becomes entitled to return to work for the city within the time that reemployment rights are granted to him by law, he shall again become a member of the plan and shall be given service credit for the credited service he had accumulated before entering military or related service and shall again accumulate additional credited service commencing with the date of his reemployment by the city. If approved by the board such member may also be granted service credit for the period Effective January 1, 2007, members who die or of time spent in military or related service. become disabled while serving on active duty military service which intervenes the member’s employment shall be entitled to the rights of this section even though such member was not re-employed by the City. Members who die or become disabled while on active duty military service shall be treated as though re-employed the day before the Member became disabled or died, was credited with the service they would have been entitled to under this section, and then either died a non-duty death while employed or became disabled from a non-duty disability. 299 of 324 Section 6. Section 18-95 of Article II of Chapter 18 of the Boynton Beach Code of Ordinances is hereby amended as follows: Sec. 18-95. Deduct contributions from pay. The director of finance shall cause contributions provided for in section 18-94 of this article to be deducted from the compensation of each member on each and every payroll for each and every payroll except that members who attain normal retirement date on or after January 1, 1979, shall not be required to make contributions after they attain normal retirement date if they continue in the employ of the city beyond such date. An employee who delays retirement as provided in section 18-113 may elect to continue to have contributions deducted during such period of continued employment. The election to continue contributions may be made at normal retirement date only. A member's contribution provided for herein shall be made notwithstanding that the minimum compensation provided by law for any member shall be changed thereby. Each member shall be deemed to consent and agree to the deduction made and provided for herein and payment of his compensation less said deduction shall be full and complete discharge of all claims and demands whatsoever for the service rendered by said member during the period covered by such payment, except as to the benefits provided by this plan. The director of finance shall cause the amount to be deducted from the compensation of each member for each and every payroll as authorized by this article and when deducted shall be paid into the fund of the plan and shall be credited to the individual member from whose compensation said deduction was made. Section 7. Section 18-113 of Article II of Chapter 18 of the Boynton Beach Code of Ordinances is hereby amended as follows: Sec. 18-113. Delayed retirement. 300 of 324 Any employee who does not desire to retire on his normal retirement day may delay retirement. Provided, that any employee who reaches seventy (70) years of age who does not desire to retire must make written application to the city clerk or city manager for retention in a regular or part-time employment subsequent to his seventieth birthday showing that the same is in the best interests of the city by reason of his special knowledge, relative efficiency, difficulty of replacement, or other similar or extraordinary factors. Upon the recommendation of the city manager and approval of the city commission, the employee shall be retained by the city for a period not to exceed one (1) year following the date of his normal retirement. Nevertheless, similar additional applications for renewal or retention in employment may be made. In the event of delayed retirement of an employee he shall be entitled to and shall be paid an annuity payable monthly beginning with the month of actual retirement and continuing until death. The amount of such annuity shall be equal to the amount of annuity he could have received had he retired at his normal retirement date except that any employee who had postponed retirement and elected to continue to make contribution after his normal retirement date as provided in section 18-111 shall be entitled to a benefit commencing at his delayed retirement date based upon final average compensation and credited service as of his delayed retirement date. Section 8. Section 18-126(c) of Article II of Chapter 18 of the Boynton Beach Code of Ordinances is hereby amended as follows: Sec. 18-126. Disability retirement benefits. * * * (c) Disability exclusions. No member shall be granted a disability pension upon a showing to the satisfaction of the board: 301 of 324 1. That the disability resulted from an intentionally self-inflicted wound, injury or ailment, or 2. That the disability resulted from the use of narcotics, drugs or alcoholic beverages, or 3. That the disability resulted from a member’s participation or involvement in riot, insurrection or unlawful assembly, or 4. That the disability resulted from a member's participation or involvement in the commission of a crime or unlawful act, or 5. That the disability resulted from injury or disease sustained This exclusion does by the member while serving in any armed forces. not affect members who have become disabled as a result of intervening military service under the federal Heroes Earnings Assistance and Relief Tax Act of 2008 (H.R. 6081; P.L. 110-245); Section 9. Section 18-128 of Article II of Chapter 18 of the Boynton Beach Code of Ordinances is hereby amended as follows: Sec. 18-128. Elective benefits. a) Effective upon the passage of this Ordinance, members will no ( longer be able to enroll in Elective benefits. Elective benefits are benefits werewere offered to the members of this plan and are voluntary elections, the costs of which are borne entirely by the member through payroll deductions during their employment with the city. Such deductions are taxable dollars at the Members who were enrolled in elective benefits time the deduction is made. as of the passage of this Ordinance may continue to participate in these benefits or elect to cancel participation. A member may voluntarily elect to 302 of 324 participate in those elective benefits available in order to supplement and enhance their retirement benefits provided pursuant to this plan. (b) Open enrollment. A member may elect to enroll or cancel an elective as provided by the Board of benefit only during the open enrollment period Trustees . The open enrollment period shall occur in September of each year. Once an elective benefit is cancelled, any contributions made will remain in the plan until the member is no longer actively employed. Upon such separation from Contributionson service, contributions shall be reimbursed to the member cancellation of the elective benefit and shall only be refunded for the elective benefit canceled , except as otherwise provided in this section. No or to the interest earnings will be applicable to the premiums contributed refunded amount . The cancellation of such elective benefit is irrevocable and the member may not re-enroll for such elective benefit in the future. (c) Costs. The costs for all elective benefits are borne by the member through payroll deductions during employment with the city. The cost for each benefit shall be actuarially determined on an annual basis based upon the premiums to fund the various options selected. Any change in rates associated with the elected benefit options selected is passed on to the participant. (d) In the event of death before retirement of any participant, all premiums paid shall be refunded to the beneficiary. If the employee was eligible for normal retirement and the retirement annuity option had already been selected by the employee, the deceased member's earned pension amount will be actuarially reduced to a joint and survivor form and two–thirds (2/3) of this amount will be paid to the survivor for their lifetime. For the twenty-five (25) year retirement at 303 of 324 any age benefit option, the retirement factor used shall be the factor which provides the most benefit to the employee. were (e) Elective benefits. There are four elective benefits options available. A member may select as many as they desire, but will be required to pay for each option selected through a payroll deduction. A member may select either the health insurance subsidy or the health insurance subsidy with two percent (2%) per year COLA, but not both. Once either of the health insurance subsidy benefit options is selected, the member may not change to the other form of were health insurance subsidy benefit option. The elective benefit options available are as follows: (1.) Option 1A - health insurance subsidy. a. The health insurance subsidy will provide a monthly benefit up to $200 per month upon normal retirement. In the event of death prior to retirement, where the member is eligible for normal retirement and the retirement annuity option has been elected by the employee, the $200 per month will be actuarially reduced to a joint and survivor form of benefit and two-thirds (2/3) of this amount will be paid to the survivor for their lifetime. b. The amount to be received for the health insurance subsidy at retirement is based on years of contributions by the employee. The full benefit of $200 per month is based upon twenty-five (25) years of employees contributions. A prorated benefit will be provided for years of contributions less than twenty-five (25) years. Illustration for prorated health insurance subsidy: Member age @ hire 30 304 of 324 Member age @ retirement 55 Years of premium payment 5 (5yrs/25yrs = 20%) Monthly benefit $40 ($200 subsidy x 20%) Based upon this illustration, the employee contributed for five (5) years which represents 5/25, or twenty percent (20%) of the full benefit calculated period. Therefore, the health insurance subsidy at normal retirement would be twenty percent (20%) of $200, or $40. (2.) Option 1B - health insurance subsidy with two percent (2%) per year COLA. (a.) The health insurance subsidy with two percent (2%) Cost of Living Adjustment ("COLA") will provide an initial monthly benefit up to $200 per month at normal retirement in 1999. In the event of death prior to retirement, where the member is eligible for normal retirement, and the retirement annuity option has been selected, the $200 per month will be actuarially reduced to a joint an survivor form of benefit and two-thirds (2/3) of this amount will be paid to the survivor for their lifetime. The $200 per month will be indexed by two percent (2%) per year, compounded for all affected members. (b.) The amount to be received for the health insurance subsidy with two percent (2%) COLA at retirement is based upon years of contributions by the employee. The full benefit of the indexed insurance subsidy per month is based upon twenty-five (25) years 305 of 324 of employee contributions. A prorated benefit will be provided for years of employee contributions less than twenty-five (25) years. Illustration for prorated health insurance subsidy with two percent (2%) COLA: Member age @ hire 30 Member age @ retirement 55 Years of premium payment 8 (8yrs/25yrs = 32%) 1st year monthly benefit $64 ($200 subsidy x 32%) 2nd year monthly benefit $65.28 ($204 subsidy x 32%) (3.) Option 2 – Cost-of-Living Adjustment ("COLA"). The Cost of Living Adjustment ("COLA") provides a five percent (5%) deferred COLA commencing five (5) years after retirement and compounded with additional five percent (5%) increases every three (3) years thereafter. Spouse benefits, if elected, would also be eligible for the COLA, but the actuarial equivalent factors at retirement for conversion to the joint and two-third (2/3) survivor benefit would need to be updated. A prorated benefit will be provided for years of employee contributions less than twenty-five (25) years. Illustration of the Cost-of-Living Adjustment (COLA): Member age @ hire 50 306 of 324 Member age @ retirement 62 Years of premium payment 12 (12yrs/25yrs = 48%) COLA Benefit 2.4% (5% COLA x 48%) An employee that made full contributions for this elective benefit option would receive a five percent (5%) COLA. Since the illustrated employee contributed 12 years toward the COLA it has been prorated to two point forty percent (2.40%) which represents forty-eight percent (48%) of the fully contributed percentage. (4.) Twenty-five (25) year service requirement (any age). The twenty- five (25) year service requirement (any age) would allow the employee to retire with twenty-five (25) years of service, regardless of age. This option will provide an increase in the early retirement factors based upon years contributed. The cost will be actuarially adjusted on an annual basis. A prorated benefit will be provided for years of employee contributions less than twenty-five (25) years. The factors used for retirement based upon years of service are as follows: 25 years 72.51% of calculated benefit 26 years 76.91% of calculated benefit 27 years 81.81% of calculated benefit 28 years 87.36% of calculated benefit 29 years 93.41% of calculated benefit 30 years 100.00% of calculated benefit 307 of 324 Illustration of the twenty-five (25) year service requirement (any age): Member age at hire 20 Member age at retirement 45 (25 yrs of service) Years of premium payment 5 (5 yrs/25yrs = 20%) Average pay while contributing $29,700 Percentage cost per year 1.89% Aggregate premium $2,807 ER factor 72.51 % Adjusted ER factor 78.01 % (27.49 diff (@ 20%) (Adjusted factor of 72.51% + Differential of (100.00-72.51) x 20%) Section 10. Section 18-135 of Article II of Chapter 18 of the Boynton Beach Code of Ordinances is hereby amended as follows: Sec. 18-135. Board of Trustees. (a) Composition of the Board. The composition and terms of the seven (7) members of the Board of Trustees of the Employees Pension Plan of the city are hereby established as follows: (1.) The Mayor. (2.) The City Manager, or his designee. The appointment of a City Manager designee by the City Manager shall be ratified by the City Commission. 308 of 324 (3.) Two (2) individual citizens who shall be appointed by the City four (4) Commission to serve for three (3) year staggered terms. (4.) One (1) employee representative member shall be elected at-large four (4) by the members of the Plan to serve a three (3) year term. (5.) One (1) employee representative member shall be elected to serve four (4) a three (3) year term by all members of the plan from the general membership of the plan, provided the member is a member of a bargaining unit of the city. (6.) One (1) employee representative member shall be elected to serve four (4) a three (3) year term by all members of the plan from the general membership of the plan, provided the member is not a member of a bargaining unit of the city. Section 11. Section 18-145(e) and (f) of Article II of Chapter 18 of the Boynton Beach Code of Ordinances is hereby amended as follows: Sec. 18-145. City of Boynton Beach Investment Policy for General Employees’ Pension Fund. * * * * * (e) Investment objectives. 309 of 324 (1.) Investment objectives are intended to provide quantifiable benchmarks to measure and evaluate portfolio return and risk. Most investment styles require a full market cycle to allow an investment manager to demonstrate his abilities. A full market cycle is generally defined as a three (3) to five (5) year period. As a result, performance objectives will be measured over three (3) to five (5) year periods. Monitoring shorter periods may be used to determine the trend of performance premiums or deficiencies. (2.) The specific objectives of the Boynton Beach General Employees' Pension Fund are as follows: a. Primary objective: (1.) To earn an average rate of return over the long term (three (3) to five (5) years) which exceeds the return of a Target Index. The Target Index for the Boynton Beach General thirty-five Employees' Pension Fund is defined as a fifty-five 351000 percent (55 %) investment in the Russell 3000 Stock a ten percent (10%) investment in the Russell Index, 2000 Stock Index,twenty20 a ten percent (10 %) MSCI investment in the Europe Australasia and Far East , a ten percent (10%) investment in Stock Index (EAFE) the NCREIF Property Index,twenty-five and a thirty-five 25Barclays Capital percent (35 %) investment in the Aggregate Merrill Lynch Master Bond Index. (2.) In addition, it is expected that the total rate of return earned will rank above average when compared to a 310 of 324 representative universe of other, similarly managed portfolios. b. Secondary objective: A further goal of the Boynton Beach General Employees' Pension Fund shall be to achieve an average annual rate of return greater than the absolute return of eight percent (8%), over the longer term. This absolute return objective will be evaluated in the context of the prevailing investment market conditions. c. Volatility: The volatility of the Fund's total returns is expected to be similar to that of the Target Index and will be evaluated accordingly. (3.) The investment objectives set forth herein have been established for the entire Boynton Beach General Employees' Pension Fund. The specific investment objectives for each investment manager will be outlined in separate documents which will be addenda hereto and incorporated herein to this overall statement of investment policy. (f) Investment guidelines. (1.) The Board of Trustees has established the following target asset allocation for the entire Boynton Beach General Employees' Pension Fund: Target Target Range Allocation (at market) (at market) 311 of 324 Equity Securities Domestic Equity 45% 30% - 60% Foreign Equity20%5% - 25% Fixed Income & Equivalents Fixed Income 25% 20% - 70% Direct Real Estate10%5%-15% Cash Equivalents0%0% - 10% Target Target Range Allocation (at market) ( at market) 65% 30% - 75% Equity securities 35% 30% - 70% Fixed income securities 0% 0% - 10% Cash (2.) To implement this strategy, the Board has chosen to hire one or more professional investment managers. Specific assignments and additional guidelines for each Investment Manager will be outlined in addenda to this section. The following guidelines and restrictions apply to all fund investments. (3.) In accordance with the policies established by the Board of Trustees, the assets of the Boynton Beach General Employees' Pension Fund shall be invested in a diversified portfolio of fully negotiable, equity, fixed income, and money market securities, provided they meet the following criteria: a. Equity securities: 312 of 324 (1.) Investments in equity securities 65% shall be limited to no more than 70% at market value or 60% at cost valuation of the fund's total asset value; (2.) All equity investments shall be limited to fully and easily negotiable equity securities; (3.) No more than 5% at cost value of an Investment Manager's equity portfolio may be invested in the shares of a single corporate issuer; (4.) Investments in stocks of foreign companies shall be limited 25market to 20 % (at cost ) of the total investment portfolio. American Depository Receipts (ADRs) and foreign ordinary securities traded on domestic exchanges are United States dollar-denominated securities listed and traded on a United States exchange and are considered part of the ordinary investment strategy of the Board. These securities are not considered foreign securities. ; (5.) Investment in those corporations whose stock has been publicly traded for less than one year are limited to 15% of the equity portfolio; and (6.) Equities may be managed , through the purchase of open-end, no-load mutual funds Exchange traded funds, or commingled funds. Those securities/funds purchased directly by investment advisors are expected to adhere to the guidelines herein. The Board implicitly accepts the policy of a mutual or commingled fund 313 of 324 when it makes a direct investment b. Fixed income securities: (1.) The fixed income portfolio shall comply with the following guidelines: (A) The average credit quality of the fixed income portfolio shall be rated "A" or higher; and (B) The duration of the fixed income portfolio should be less than 135% of the duration of the market index. The market index is Barclays Capital Aggregate defined as the Merrill Lynch Master Bond Index. (2.) Investments in all corporate fixed income securities shall be limited to: (A) Those securities rated "BAA" or higher by Moody's or by Standard & Poor's rating services. Fixed income securities, which are downgraded below the minimum rating, shall be sold at the earliest beneficial opportunity; (B) Securities issued by a corporation organized under the laws of the United States, any state or organized territory of the United States, or the District of Columbia; and (C) No more than 10% at cost of an Investment Manager's total fixed income' 314 of 324 portfolio shall be invested in the securities of any single corporate issuer. (3.) Investments in Collateralized Mortgage Obligations (CMOs) shall be limited to 15% of the market value of the Investment Managers' total portfolio and shall be restricted to issues which meet all of the following criteria: (A) All issues must be backed by mortgage securities issued, guaranteed, or fully insured by the Government National Mortgage Association (GNMA), the Federal Home Loan Mortgage Corporation (FHLMC), the Federal National Mortgage Association (FNMA) or that are rated "Aaa" by Moody's or "AAA" by Standard & Poor's rating services. (4.) There is no limit imposed on investments in fixed income securities issued directly by the United States Government or any agency or instrumentality thereof. (5.) Fixed income securities may be managed through the purchase of open-end, no-load mutual funds or commingled funds. Those securities/funds purchased directly by investment advisors are expected to adhere to the guidelines herein. The Board implicitly accepts the policy of a mutual or commingled fund when it makes a direct investment. 315 of 324 c. Cash equivalent securities: (1.) The Investment Manager may invest only in the following short-term investment vehicles: (A) The money market or STIF provided by the plan's Custodian; (B) Direct obligations of the United States Government with a maturity of one year or less; (C) Commercial paper with a maturity of 270 days or less that is rated A-1 or higher by Standard & Poor's or P-1 or higher by Moody's; and (D) Bankers acceptances issued by the largest 50 banks in the United States (in terms of total assets). (4.) Prohibited investments. Investments in interest only or principal only CMOs, precious metals, limited partnerships of any kind, direct investment in real estate, repurchase agreements, venture capital, futures contracts, options contracts, municipal bonds, trading on margin and short selling are prohibited. Investments not specifically addressed in this section are considered prohibited investments. (5.) Review of policy. It is the intention of the Board of Trustees of the Boynton Beach General Employees' Pension Fund to review this Statement of Investment Policy and its addenda periodically to amend it to reflect any changes in philosophy or objectives. However, if at any time 316 of 324 the Investment Manager believes that the specific objectives defined herein cannot be met or that these guidelines unnecessarily constrict performance, the Board shall be so notified in writing. Section 12. Section 18-145.1 of Article II of Chapter 18 of the Boynton Beach Code of Ordinances is hereby deleted in its entirety as follows: Sec. 18.145.1. City of Boynton Beach General Employees Pension Fund - stocks, bonds, mutual funds, etc. (a) Investment in stocks issued by companies domiciled outside of the United States will be limited to ten (10) percent of the value of the plan's total assets (at cost). Investment in any single stock issue shall not exceed three (3%) percent of the fund's total value nor shall the equity portfolio's total value (at cost) exceed sixty (60%) percent of the fund's total assets, with a target of fifty-five (55%) percent. (b) The fixed income portion of the Boynton Beach Employees' Pension Fund shall consist only of U.S. Government and U.S. Government Agency bonds and/or bonds issued by domestic corporations that are rated "A" or better by Moody's or Standard & Poor's rating services. In the event a bond rating drops below a rating of "A" it shall be sold by the investment manager. Investment in any single corporate bond issue shall not exceed two and one-half (2½) percent of the fund's total value. (c) Investments in mutual fund shares and bank sponsored commingled funds are permissible. However, ninety (90) percent of the securities held in the mutual or commingled funds must meet the criteria outlined above. (d) All investments in options, futures, municipal bonds, precious metals, private placements, short sales and purchases on margin are prohibited. 317 of 324 (e) All securities purchased must hold a ranking in one (1) of the top three (3) classifications of a major rating service. (f) Bonds and preferred stocks that are convertible into common stock, or that include warrants for the price of common stock, are allowed even if a premium price is being paid for the convertible privilege or for the warrants, at the professional direction of the investment manager. Notwithstanding anything in this article to the contrary, the board of trustees may cause up to twenty (20) percent of the equity portion of the general employees' pension fund to be invested in stocks whose sole criteria shall be that they are listed on any one (1) or more of the recognized national stock exchanges, or NASDAQ. Section 13. It is the intention of the City Commission of the City of Boynton Beach that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Boynton Beach, Florida. The Sections of this ordinance may be renumbered, re-lettered and the word “Ordinance” may be changed to “Section,” “Article” or such other word or phrase in order to accomplish such intention. Section 14. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 15. If any clause, section, or other part or application of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and so not effecting the validity of the remaining portions or applications remaining in full force and effect. Section 16. Unless otherwise provided by the terms of the Ordinance, this Ordinance shall become effective when the following have occurred: (a) The City Commission has received and has accepted a report establishing the actuarial soundness of these amendments; 318 of 324 (b) When a collective bargaining agreement ratifying the foregoing changes to pension benefits has been ratified by the City Commission and the General Employees Union SEIU Florida Public Services Union, CTW, CLC (Blue Collar) SEIU Florida Public Services Union, CTW, CLC (White Collar) or their successor organization or bargaining has been waived; and (c) A copy of this Ordinance is transmitted to the State of Florida Division of Retirement. Upon satisfaction of all of the above requirements, then in that event, the terms and provisions of this Ordinance shall become effective. 319 of 324 FIRST READING THIS DAY OF , 2010. SECOND, FINAL READING and PASSAGE THIS DAY OF , 2010. CITY OF BOYNTON BEACH, FLORIDA Mayor – Jerry Taylor Vice Mayor – Woodrow L. Hay Commissioner – Ronald Weiland Commissioner – Jose Rodriguez Commissioner – Marlene Ross ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) 320 of 324 321 of 324 322 of 324 323 of 324 324 of 324