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Agenda 05-18-10 Searchable The City of Boynton Beach Boynton Beach 100 E. Boynton Beach Boulevard ● (561) 742-6000 TUESDAY, MAY 18, 2010 6:30 PM SUPPLEMENTAL AMENDED AGENDA City Commission AGENDA Jose Rodriguez Mayor – At Large Marlene Ross Vice Mayor – District IV William Orlove Commissioner – District I Woodrow Hay Commissioner – District II Steven Holzman Commissioner – District III Kurt Bressner City Manager James Cherof City Attorney Janet M. Prainito City Clerk Visit our Web site www.boynton–beach.org We’re Reinventing City Living for The Millennium WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT CITY OF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action.  Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group.  Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda.  Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue.  Public Hearings: Any citizen may speak on an official agenda item under the section entitled “Public Hearings.”  Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission – Time Limit – Three (3) Minutes  Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, presentations and first reading of Ordinances – Time Limit – Three (3) minutes ADDRESSING THE COMMISSION: When addressing the Commission, please step up to either podium and state, for the record, your name and address. DECORUM: Any person who disputes the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over-ruled by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule – some meetings have been moved due to Holidays/Election Day). 2 of 495 1. OPENINGS A. Call to order - Mayor Jose Rodriguez B. Invocation C. Pledge of Allegiance to the Flag led by Commissioner Steven Holzman 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. Presentation of Legislative Update by Representative Mary Brandenburg, District 89 B. Proclaim the week of May 17 - 21, 2010 as Building Safety Week. C. Presentation of the annual Youth Volunteer Bank awards D. Presentation of the annual “Bob Borovy Student Citizen of the Year Award" by the members of the Education & Youth Advisory Board E. Presentation of a Plaque by Robert W. Clinger, Board President of the Community Caring Center, to the Boynton Beach City Library represented by Craig Clark, Library Director and Karen Abramson, Administrative Secretary 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. B. Appoint members to the Financial Advisory Committee. 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 3 of 495 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 May 4, 2010. PROPOSED RESOLUTION NO. R10-052 B. - Approve an extension for two (2) additional one (1) year periods for RFP#034-1210-09/CJD "Real Estate Administrator for the City of Boynton Beach", on an as-needed basis with the currently contracted company HDR Engineering Inc. of Tampa, FL. C. Approve the "SURPLUS VEHICLE/EQUIPMENT LIST" as submitted by Public Works/Fleet Maintenance and allow for the auction of the same. PROPOSED RESOLUTION NO. R10-053 D. - Approve three (3) Conditional Permit Agreements that have been reissued by Lake Worth Drainage District (LWDD). The Conditional Permit Agreements are between the LWDD and the City of Boynton Beach in support of the City’s construction of the new regional force main. PROPOSED RESOLUTION NO. R10-054 E. - Approve the sole source purchase from AMJ Solutions of Great Oak Drive, Lakeland, FL for specialized online controls and instrumentation at a cost of $54,239.90. - UNFUNDED MANDATE! PROPOSED RESOLUTIN NO. R10-055 F. - Approve a piggy-back with the City of Ft. Lauderdale's contract #403-10368 with Harcros Chemicals, Inc. of Tampa, Florida for Hydrofluorosilcic Acid (fluoride), for the City's Water Treatment plants. The estimated annual expenditure is $65,000.00. G. Award the Bid for "ANNUAL SUPPLY OF PVC SCHEDULE 40 AND 80 IRRIGATION SUPPLIES" Bid # 036-1412-10/MFD to: Boynton Pump, Bridgeton Plumbing & Heating Supply Company, HD Supply Waterworks, Lehman Pipe & Plumbing, Melrose Supply & Sales Corporation on an overall basis, to the lowest, most responsive, responsible bidders who met all specifications with an estimated annual amount of $50,000.. H. Accept Update on Neighborhood Stabilization Program PROPOSED RESOLUTION NO. R10-056 I. - Approve and ratify the action of the South Central Regional Wastewater Treatment and Disposal Board at their meeting on April 15, 2010. (a) Authorization to amend Rule II, Section 14 of the Board Rules (b) Authorization to decrease our Reclaim User Rate for Hunters Run, Country Club of Florida, Quail Ridge, Delray Dunes and Pine Tree for fiscal Year 2009/2010 to .2417/1,000 gallons. 7. BIDS AND PURCHASES OVER $100,000 PROPOSED RESOLUTION NO. R10-057 A. - Award contract for Bid # 038-2821- 10/CJD, "Re-bid Seacrest Boulevard Roadway Improvements" to H & J Contracting, Inc. of as the lowest, most responsive, responsible bidder; in the amount of $1,425,312 which includes Alternate 1 and Alternate #2. Also approve an additional 4 of 495 owner's contingency of 10%, equal to $142,531, resulting in a total funding authorization of $1,567,843. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS A. Approve mediated settlement in the amount of $66,000. Essie Mae Miller & Moses King v. City of Boynton Beach Plaintiff Counsel - Mark Egner, Topkin & Egner Defense Counsel - Michael Burke, Johnson Anselmo Murdoch Burke Piper & Hochman 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. PROPOSED ORDINANCE NO. 10-011 - FIRST READING A. - Approve rezoning the property from Mixed Use-Low Intensity (MU-L) to Mixed Use-Low Intensity 2 (MU-L2), (Timeless Life Care) located at 623 South Federal Highway (west side of Federal Highway between SE 5th Avenue and SE 6th Avenue). B. Approve a variance from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11.H.16.a.(8) allowing for a reduction in the number of required parking spaces from 53 to 46, resulting in a variance of 7 spaces for Timeless Life Care (ZNCV 10-005) located at 623 South Federal Highway. Applicant: STAFF RECOMMENDS ITEM BE TABLED TO Eastside Lofts Development, LLC. JUNE 1ST TO COINCIDE WITH 2ND READING OF CORRESPONDING REZONING ITEM. C. Approve Timeless Life Care (COUS 10-001) and (NWSP 10-004) Conditional Use and New Site Plan, for an assisted living facility providing 144 beds within 87 units and ancillary retail, located at 623 South Federal Highway (west side of Federal Highway between SE 5th Avenue and SE 6th Avenue). Applicant: Eastside Lofts STAFF RECOMMENDS ITEM BE TABLED TO JUNE 1ST TO Development, LLC. COINCIDE WITH 2ND READING OF CORRESPONDING REZONING ITEM. PROPOSED ORDINANCE NO. 10-012 - FIRST READING D. - Amend the Land Development Regulations (LDR) to allow Indoor Athletic Instruction/Training, (CDRV 10-003), including Gymnastics, Dance/Jazzercise/Pilates Instructions, Cheerleading Instruction, Karate Instruction, Indoor Batting/Golf Facilities, as a Conditional Use in the (M-1) Industrial District and as a permitted use in the Planned Industrial Development (PID) zoning districts. Applicant: City-initiated. 10. CITY MANAGER’S REPORT A. Accept the written report to the Commission for purchases over $10,000 for the month of April 2010. 5 of 495 PROPOSED RESOLUTION NO. R10-058 B. - Request by Town of Gulfstream to rescind Resolution 04-154 Regarding Interlocal Annexation Agreement between Gulfstream and Boynton Beach. C. PROPOSED RESOLUTION NO. R10-059 - Approve amending the Community Development Block Grant (CDBG) Substantial Plan Amendment adopted by Resolution R08-139 dated November 18, 2008 and designating the Boynton Beach Community Redevelopment Agency as a sub-recipient of Neighborhood Stabilization Funding in the amount of $400,000. PROPOSED RESOLUTION NO. R10-060 D. - Approve a Resolution to amend the current budget for fiscal year 2009/2010. E. Discuss and formalize meeting format for City Commission Budget Workshops to be held July 19-21, 2010 in the Library Program Room from 1pm - 5pm daily. F. Approve Voluntary Separation Program for non-probationary full-time City employees. 11. FUTURE AGENDA ITEMS A. Follow-up Staff Report on Pain Management Clinic Regulations (June 1, 2010) B. Capital Improvement Status Report - Initial City Commission review of 2010- 2011 Capital Improvement Budget (General and Utilities) and Five-Year Capital Improvement Plan (June1, 2010) C. Report and Recommendation for Interlocal Agreement with Palm Beach County Fire- Rescue – Sales Tax Program (June 1, 2010) D. Time Change for Regular City Commission meetings – Tabled on May 4, 2010 (June 1, 2010) E. Update on Alternative Use of Vacant Landfill Property East of the Boynton Beach Links, Municipal Golf Course (June 1, 2010) F. Second draft review of Climate Action Plan (June 15, 2010) G. Report and presentation from Waters-Pelton, Inc. - Update on formation of 501c3 foundation (June 15, 2010) H. Art in Public Places (AIPP) Annual Presentation – Overview of Program Year 09/10 with preview of 2010/11 – (June 15, 2010) I. Final approval of Climate Action Plan (July 20, 2010) J. Budget Workshops – July 19-21; Library Program Room; 1 pm – 5 pm daily; including adoption of Tentative Millage Rate for FY 2010/11 and Preliminary Fire Assessment Resolution for FY 2010/11 K. Appoint members to 7 member independent Community Redevelopment Agency Board (August 3, 2010) 6 of 495 L. Police Complex – Discussion of project timing, scope, location and funding alternatives available (TBA) 12. NEW BUSINESS A. Consideration of the Boynton Beach Public Library being utilized for Early Voting Site for August 2010 and November 2010 Ballot 13. LEGAL PROPOSED ORDINANCE NO. 10-010 - SECOND READING A. - Approve amendment to add a definition for aeration Windmills and corresponding provisions and standards (CDRV 10-002) to the Land Development Regulations (LDR), Chapter 2. Zoning, Section 4.J.27, including a maximum height of 25 feet, and limitation to nonresidential zoning districts for the purpose of aerating wet detention areas Applicant: City- initiated. PROPOSED RESOLUTION NO. R10-061 B. - Appoint a member of the City Commission to represent the City of Boynton Beach on the Sister Cities' Committee 14. UNFINISHED BUSINESS A. Review and approve CRA application, rating matrix and proposed appointment timeline. 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. 7 of 495 3. A ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS May 18, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 18, 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 Legislative Update by Representative EQUESTED CTION BY ITY OMMISSION Mary Brandenburg, District 89. ER: Representative Mary Brandenburg requested to be placed on the XPLANATION OF EQUEST agenda to give a legislative update to the City of Boynton Beach City Commission. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: Not to allow presentation LTERNATIVES 8 of 495 3. B ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS May 18, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 18, 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: Proclaim the week of May 17 - 21, 2010 as Building Safety EQUESTED CTION BY ITY OMMISSION Week. ER: The Development Department requests that the City Commission XPLANATION OF EQUEST declare the week of May 17 – May 21, 2010 as Building Safety Week in order to help promote citizen awareness of building safety. H? Raise citizen awareness of building OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES safety. FI: N/A ISCAL MPACT A: N/A LTERNATIVES 9 of 495 Proclamation Whereas , through our continuing attention to build safe structures for everyday life and times of disaster, we enjoy the comfort and peace of mind of facilities that are safe and sound; and, Whereas , building safety and fire prevention officials are at work year round to guide the safe construction of buildings; and, Whereas , the dedicated members of the Building Officials Association of Florida, including building safety and fire prevention officials, architects, engineers, and others in the construction industry, develop and enforce codes to safeguard Americans in the buildings where we live, work, play and learn; and, Whereas , the Florida Building Codes are adopted and used by the State of Florida. These modern building safety codes also include safeguards to protect the public from natural disasters that can occur such as hurricanes, tornadoes, wild land fires and flooding; and Whereas , Building Safety Week, sponsored by the International Code Council Foundation, is an excellent opportunity to educate the public. It is a perfect time to increase public awareness of the role building safety and fire prevention officials, local and state building departments, and federal agencies play in protecting lives and property; and, Whereas“Building Safety: Commemorating a 30-year Legacy of Leadership” , this year’s theme is . It encourages all Floridians to raise our awareness of building safety. Every one can take appropriate steps to ensure that the places where we live, work, play and learn are safe. Countless lives have been saved because of the building safety codes adopted and enforced by local and state agencies; and, Whereas , this year, as we observe Building Safety Week, we ask all Floridians to consider projects to improve building safety at home and in the community, and to recognize the local building safety and fire prevention officials and the important role that they play in public safety, everyday and in times of disaster; Now, therefore , I, Jose A. Rodriguez, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim May 17 – May 21, 2010 as Building Safety Week 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 18th day of May, Two Thousand and Ten. ______________________________ Jose A. Rodriguez, Mayor City of Boynton Beach ATTEST: ___________________________ City Clerk 10 of 495 3. C ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS May 18, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: 5/18/10 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: Presentation of the annual Youth Volunteer Bank awards. EQUESTED CTION BY ITY OMMISSION ER: The Youth Volunteer Bank was created in 1997 to promote XPLANATION OF EQUEST youth volunteerism, community involvement and reward youth who participate. The program is a cooperative effort between the Recreation & Parks Department, Education & Youth Advisory Board, local businesses and schools and youth volunteers. H? Since 1998, youth volunteers OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES have recorded over 52,000 volunteer hours and the program has awarded $21,000 in savings bonds and prizes. FI: The awards are sponsored by the Education & Youth Advisory Board and the ISCAL MPACT program is funded through donations. A: Do not make the presentations. LTERNATIVES 11 of 495 3. D ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS May 18, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 18, 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 the annual “Bob Borovy Student Citizen of EQUESTED CTION BY ITY OMMISSION the Year Award" by the members of the Education & Youth Advisory Board. ER: The Bob Borovy Student Citizen of the Year Award was XPLANATION OF EQUEST created in 2000 to recognize a graduating high school senior who best epitomizes the spirit of volunteerism and giving to the community as exemplified by the late Bob Borovy. A United States Veteran and former Advisory Board on Children and Youth board member, Mr. Borovy was an active citizen of the Boynton Beach community for many years. The award recipient will receive $1,000 and have his/her name placed on a permanent plaque at City Hall. H? In order to apply, students must OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES be graduating high school seniors who are residents of the City of Boynton Beach, submit three letters of recommendation, complete an essay and provide documentation of their volunteer work. The winner is chosen by a panel of judges, including last year’s award recipient. FI: The award is sponsored by the Education & Youth Advisory Board and is ISCAL MPACT funded through donations. A: N/A LTERNATIVES 12 of 495 3. E ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS May 18, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 18, 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 a Plaque by Robert W. Clinger, Board EQUESTED CTION BY ITY OMMISSION President of the Community Caring Center, to the Boynton Beach City Library represented by Craig Clark, Library Director and Karen Abramson, Administrative Secretary. ER: Board President Robert W. Clinger of the Community Caring Center of Boynton XPLANATION OF EQUEST Beach, Inc. would like to present a plaque to the Boynton Beach City Library to thank them for their efforts in addressing hunger in this community. Annually, the Library sponsors a Food for Fines program during the month of November. One dollar in fees is removed from a Library customer’s account with the donation of one nonperishable food item. Library customers without fines are also asked to donate nonperishable food items. The collected food is donated to the food pantry at the Community Caring Center and distributed to the more than 2500 families that come to the Center looking for assistance and need for food. There is a ripple effect of the Library’s Food for Fines program. It also benefits the Center’s clients who are in recovery. One of the recovery steps is to try to pay all debts. Something as simple as paying a book fee in exchange for a can of food is the first task that sets these clients down the recovery road one step at a time. H? The Library’s Food for Fines program will continue OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES to address hunger in the City of Boynton Beach through the Community Caring Center. FI: None. ISCAL MPACT A: The alternative to this recommendation would be to not have the Community Caring Center LTERNATIVES present the plaque to the Library. 13 of 495 5. A ADMINISTRATIVE May 18, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 18, 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 14 of 495 15 of 495 16 of 495 5. B ADMINISTRATIVE May 18, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: 5/18/10 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: Appoint members to the Financial Advisory Committee. EQUESTED CTION BY ITY OMMISSION ER: At the April 20, 2010 City Commission Meeting the City XPLANATION OF EQUEST Commission adopted Ordinance 10-009 (copy attached) forming a Financial Advisory Committee. The purpose of the Committee is to serve in an advisory capacity to the City Commission and the Commission’s oversight of expenditures which require budgetary appropriation. It is anticipated that the initial task of the Committee would be to oversee the development of the fiscal year 2010-2011 City budget and make recommendations regarding anticipated revenues and anticipated expenditures. Attached please find applications received to date for consideration and appointment. H? The establishment of a Financial Advisory OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Committee may result in additional cost saving measures not identified by administration or Commission oversight. FI: Administrative staff support for support services to the Committee. ISCAL MPACT A: LTERNATIVES 1) Do not appoint members to the Committee; 2) Extend application period. 17 of 495 ORDINANCE NO. 10-009 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING PART II, CHAPTER TWO ENTITLED "ADMINISTRATION," OF THE CITY OF BOYNTON BEACH CODE OF ORDINANCES TO CREATE A NEW ARTICLE XVIII; PROVIDING FOR THE CREATION OF THE FINANCIAL ADVISORY COMMITTEE; PROVIDING FOR THE PURPOSE AND SCOPE OF DUTIES OF THE FINANCIAL ADVISORY COMMITTEE; PROVIDING FOR FORMATION, APPOINTMENT AND ORGANIZATION OF THE COMMITTEE; PROVIDING FOR APPOINTMENT OF THE CHAIR AND VICE CHAIR OF THE COMMITTEE; PROVIDING FOR CLARIFICATION OF POWERS DELEGATED AND RESERVATION OF POWERS BY THE CITY COMMISSION; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS , the City Commission of the City of Boynton Beach, Florida desires to establish a Finance Advisory Committee consisting of nine 9 members (seven (7) regular and two (2) alternate members) to review the impact of legislative and administrative decisions on the City budget, revenue sources and operational expenditures and make recommendations that may favorably impact the City budget and overall financial condition; and WHEREAS , the City Commission of the City of Boynton Beach, acting in the interest of the citizens and taxpayers of the City amends the Code of Ordinances, Part II, Chapter 2, to provide for a creation of a Financial Advisory Committee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. That Part II, Chapter 2, of the Boynton Beach Code of Ordinances is hereby amended by creating Article XVIII, entitled "Financial Advisory Committee" to read as follows: 18 of 495 ARTICLE XVIII: FINANCIAL ADVISORY COMMITTEE Sec. 2-240 Creation of Committee The City Commission hereby creates and establishes the Financial Advisory Committee. Sec. 2-241 Purpose and Duties That Financial Advisory Committee shall have the general responsibility of reviewing the impact of existing or proposed legislative and administrative decisions on the City budget, revenue sources, and operational expenditures and make recommendations that may favorably impact the City budget and overall financial condition of the City. By way of example, but not limitation, the Financial Advisory Committee will be responsible for reviewing and making recommendation on: 1.The City’s proposed annual operating and capital budget. 2.Budget development systems and procedures. 3.Analyzing and recommending sources of revenues. 4.Employee salaries and benefits. 5.Pension and retirement benefits for City employees. 6.Operating expenses and controls. 7.Reducing or controlling debt service expenses. 8.Intra-fund transfers and loans. The foregoing examples are not intended to limit the scope of financial review that the City Commission may assign to the Committee from time to time. Specific tasks shall be delineated by the City Commission by majority vote. Sec. 2-242 Organization The Financial Advisory Committee shall consist of a total of seven (7) regular members and two (2) alternate members each appointed by majority vote of the City Commission. 19 of 495 Sec. 2-243 Committee Appointment and Membership (a) All members shall be residents of or own property in the City own a business within the City or be an officer director or manager of a business located within the City. No member of the Committee shall serve on any other City Board or Committee. (b) At least five 5 of the regular members on the task force shall have one 1 of the following qualifications 1. Certified Public Accountant 2. Accounting Professional 3. Finance Professional 4. Certified Financial Planner 5. Investment Advisor 6. Insurance Professional (property/casualty or health 7. Business Owner/Manager 8. MBA or MPA degree (with high levels of accountability/responsibilities with budget and organizational oversight) The remaining four (4) members may be at large. (c) Staggered Terms for Committee Membership. The initial regular members appointed will serve as follows: three (3) members shall be for a term of three (3) years, two (2) members shall be for a term of two (2) years, and two (2) members shall be for a term of one (1) year. Their successors shall be appointed for a term of three (3) years. (d) Reappointment, Removal, Vacancy. All members may be reappointed, without limitation as to the number of terms served. Members may, at the discretion of the City Commission, be removed with or without cause. A member shall be removed without action of the City Commission for missing more than four (4) meetings per year. Members that have been removed for cause may not be reappointed for a period of thirty-six (36) months. If there is a vacancy in the membership, the City Commission shall appoint a new member to fill the vacancy. (e) Privileges, Duties and Responsibilities. (i) Privileges. Members will have voting privileges as set forth herein. Members shall create and implement rules, policies and procedures necessary to carry out the 20 of 495 Financial Advisory Committee's purpose, in conformance with the provisions of the City’s Code of Ordinances and State Law. (ii) The City Commission shall vote to appoint a Chair, who shall preside over the meetings of the Financial Advisory Committee, and also vote to appoint a Vice-Chair who shall serve in the absence of the Chair. (f) Alternate Members. Pursuant the City of Boynton Beach Code of Ordinances, the City Commission shall appoint two alternate members. Alternate members will serve to fill a temporary vacancy or permanent removal in the Financial Advisory Committee. Alternate members shall be appointed in the same manner as regular members, and shall meet the qualifications set forth for regular members. When serving in their capacity as a alternate member, alternate members shall have the same privileges, duties and responsibilities as a regular member, with the exception that no alternate member may serve in a capacity as Chair or Vice- Chair, nor may any alternate member be moved to a regular member unless appointed by the City Commission pursuant to the procedure set forth herein. The alternate member's term of membership shall run only through the term of the vacancy they have filled. Sec. 2-244 Meetings The Financial Advisory Committee shall arrange for an appropriate time and place meetings. Sec. 2-245 Procedure for enactment and voting . All actions subject to a vote shall be enacted as set forth below. (a) Quorum. The Financial Advisory Committee may not take any action unless a quorum is present. A quorum shall consist of the physical presence of no less than four (4) voting members of the Financial Advisory Committee. (b) Voting. An affirmative vote of a majority of the voting members present shall be required in order for the Financial Advisory Committee to take any official action. No voting by proxy is allowed. On final passage, the vote of each member of the Financial Advisory Committee shall be entered on the official record kept for the meeting. 21 of 495 Sec. 2-246 Powers Nothing in this article shall be construed as restricting, curtailing any of the powers of the City Commission, or the Charter powers of the City Manager, or as a delegation to the Financial Advisory Committee of any of the authority or express or discretionary powers vested and imposed by law in the City Commission. The City Commission declares that the public interest, convenience and welfare required by the appointment of the Financial Advisory Committee to act in a purely advisory capacity to the City Commission for the purposes set forth in this article. Any power delegated here to the Financial Advisory Committee to adopt rules and regulations shall not be construed as a delegation of legislative authority, but purely a delegation of administrative authority. Section 3. All laws and ordinances applying to the City of Boynton Beach in conflict with any provision of this ordinance are hereby repealed. Section 4. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5. Authority is hereby given to codify this Ordinance. Section 6. This Ordinance shall become effective immediately. {REMAINDER OF PAGE INTENTIONALLY LEFT BLANK} 22 of 495 FIRST READING this ___ day of ______________, 2010. SECOND, FINAL READING AND PASSAGE this _____ day of _______, 2010. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – Woodrow L. Hay ______________________________ Commissioner – William Orlove ______________________________ Commissioner – Steven Holzman _______________________________ Commissioner – Marlene Ross ATTEST: ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 23 of 495 24 of 495 25 of 495 26 of 495 27 of 495 28 of 495 29 of 495 30 of 495 31 of 495 32 of 495 33 of 495 34 of 495 35 of 495 36 of 495 37 of 495 38 of 495 39 of 495 40 of 495 41 of 495 42 of 495 43 of 495 44 of 495 45 of 495 46 of 495 47 of 495 48 of 495 49 of 495 50 of 495 51 of 495 52 of 495 53 of 495 54 of 495 55 of 495 56 of 495 57 of 495 58 of 495 59 of 495 60 of 495 61 of 495 62 of 495 63 of 495 64 of 495 65 of 495 66 of 495 67 of 495 68 of 495 69 of 495 70 of 495 6. A CONSENT AGENDA May 18, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 18, 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 May 4, 2010. ER: The City Commission met on May 4, 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 71 of 495 72 of 495 73 of 495 74 of 495 75 of 495 76 of 495 77 of 495 78 of 495 79 of 495 80 of 495 81 of 495 82 of 495 83 of 495 84 of 495 85 of 495 86 of 495 87 of 495 88 of 495 89 of 495 6. B CONSENT AGENDA May 18, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 18, 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. R10-052 - Approve an EQUESTED CTION BY ITY OMMISSION extension for two (2) additional one (1) year periods for RFP#034-1210-09/CJD "Real Estate Administrator for the City of Boynton Beach", on an as-needed basis with the currently contracted company HDR Engineering Inc. of Tampa, FL. ER: On June 9, 2009 the City Commission approved the Annual XPLANATION OF EQUEST Contract for a “Real Estate Administrator”. The provisions of this RFP allow for two (2) additional one (1) year period extensions and staff would like to exercise this option at this time. H? The purpose of the RFP was to seek a OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Real Estate Administrator to provide real estate services i.e. facilitate land acquisition, relocation and property management on an “as needed” basis. FI: Costs associated with securing the services of the Real Estate Administrator ISCAL MPACT will be charged to the requesting department and/or the specific project requiring said services. No properties, parcels or easements were purchased by the Administrator this past year and no city funds have been expended. A: Extend the current RFP, go out for another RFP, or seek quotes on an “as LTERNATIVES needed” basis not necessarily obtaining the best price and securing skilled personnel. 90 of 495 RESOLUTION NO. R10- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE EXTENSION OF CONSULTANT AGREEMENT TO HDR ENGINEERING, INC., FOR REAL ESTATE ADMINISTRATOR ON AN AS NEEDED BASIS FOR TWO ADDITIONAL ONE YEAR PERIOD; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on June 9, 2009 the City Commission approved the Annual Contract for a Real Estate Administrator with HDR Engineering, Inc., of Tampa, Florida under RFP #034-1210-09/CJD; and WHEREAS under the provisions of the RFP two additional one year extensions were permitted; and WHEREAS , upon recommendation of staff, the City Commission of the City of Boynton Beach does hereby approve the extension of the Annual Contract with HDR Engineering, Inc., of Tampa, Florida for two additional one year periods. 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 approves the extension of the Annual Contract with HDR Engineering, Inc., of Tampa, Florida for Real Estate Administrator on an as needed basis for two additional one year periods. Section 3. That this Resolution shall become effective immediately. PASSED AND ADOPTED this ______ day of May, 2010. CITY OF BOYNTON BEACH, FLORIDA 91 of 495 ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove _______________________________ Commissioner – Woodrow L. Hay _______________________________ Commissioner – Steven Holzman ATTEST: __________________________ Janet M. Prinito, MMC City Clerk (Corporate Seal) 92 of 495 6. C CONSENT AGENDA May 18, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 18, 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 "SURPLUS VEHICLE/EQUIPMENT LIST" as EQUESTED CTION BY ITY OMMISSION submitted by Public Works/Fleet Maintenance and allow for the auction of the same. ER: Procurement Services has received fifteen (15) items on the XPLANATION OF EQUEST “SURPLUS VEHICLE/EQUIPMENT LIST” that was submitted by the Public Works/Fleet Maintenance Division (see attached listing). Utilizing the City of Boynton Beach disposal process for Surplus Vehicles/Equipment will allow the vehicles/equipment to be auctioned by the City’s approved vendor and generate revenues to the Fleet Maintenance Funds. Procurement Services requests Commission’s review, evaluation, and approval to sell the Surplus Vehicles/Equipment. H? The disposal of Surplus OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Vehicles/Equipment will provide inventory, control maintenance and allow for receipt of revenues through a process monitored by Procurement Services. FI: The revenues generated from the sale of the surplus vehicles/equipment will ISCAL MPACT be placed in the Fleet Maintenance Fund in the following account: Revenue Account: Account Description: 501-0000-365-01-00 Sale of Surplus Vehicles/Equipment A: To hold Public Auction with staff which has been done in the past but, after LTERNATIVES expenses, it was not in the best interest of the City. 93 of 495 94 of 495 6. D CONSENT AGENDA May 18, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 18, 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. R10-053 - Approve EQUESTED CTION BY ITY OMMISSION three (3) Conditional Permit Agreements that have been reissued by Lake Worth Drainage District (LWDD). The Conditional Permit Agreements are between the LWDD and the City of Boynton Beach in support of the City’s construction of the new regional force main. ER: On August 19, 2008, the City Commission authorized and executed XPLANATION OF EQUEST the original permits with LWDD under Resolution R08-088. In April 2009, LWDD informed the City that we needed to apply for permit extensions and on July 7, 2009, the City Commission authorized and executed the first permit extensions. Now in March 2010, LWDD has again informed the City that we need to apply for permit extensions and that is the purpose of this Agenda Item. The Regional Force Main project was awarded to Danella Utility Construction, Inc. on January 5, 2010 and authorized by Resolution R10-009 and construction is now underway. H? The LWDD Conditional Permit OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Agreements are necessary to allow the City to construct several portions of the new regional force main in the LWDD canal right-of-ways. The LWDD canal right-of-ways covered by these three (3) Agreements are for the E-4, L-29 and L-30 canals. FISCAL IMPACT: The LWDD permit extension fees were paid from Utilities account #406-5000- 590-96-03 SWR114. ALTERNATIVES: At this time, the project is already under construction, and there is no reason to alter the selected route. To do so would incur additional costs to the City for the re-design and construction change orders. Therefore, no reasonable alternative exists. 95 of 495 RESOLUTION NO. R10- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THREE PERMIT AGREEMENTS THAT HAVE BEEN REISSUED BY THE LAKE WORTH DRAINAGE DISTRICT IN SUPPORT OF THE CITY’S CONSTRUCTION OF THE NEW REGIONAL FORCE MAIN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on August 19, 2008 the City Commission authorized the original permits with Lake Worth Drainage District (LWDD) via Resolution R08-088; and WHEREAS, in April, 2009, the City was informed that it needed to apply for permit extensions which was approved by the City Commission on July 7, 2009; and WHEREAS, LWDD has again advised the City that it needed to apply for a permit extension and pay a permit extension fee; and WHEREAS, the LWDD has reissued the Conditional Permit Agreements which are necessary to allow the City to construct several portions of the new regional force main in the LWDD canal right of ways. 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 and direct the Mayor and City Clerk to execute the three Permit Agreements which have been reissued between the City of Boynton Beach and Lake Worth Drainage District, said reissued Conditional Permit Agreements being attached hereto as Exhibits “A”, “B” and “C”. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of May, 2010. CITY OF BOYNTON BEACH, FLORIDA 96 of 495 ______________________________ Mayor – Jose Rodriguez _______________________________ Vice Mayor – Marlene Ross _______________________________ Commissioner – William Orlove ________________________________ Commissioner – Woodrow L. Hay _______________________________ Commissioner – Steven Holzman ATTEST: ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) S:\CA\RESO\Agreements\Conditional Permit Agreements with LWDD(reissue).doc 97 of 495 98 of 495 99 of 495 100 of 495 101 of 495 102 of 495 103 of 495 104 of 495 105 of 495 106 of 495 107 of 495 108 of 495 109 of 495 110 of 495 6. E CONSENT AGENDA May 18, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 18, 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. R10-054 - Approve the EQUESTED CTION BY ITY OMMISSION sole source purchase from AMJ Solutions of Great Oak Drive, Lakeland, FL for specialized online controls and instrumentation at a cost of $54,239.90. - UNFUNDED MANDATE! ER: The online controls and instrumentation is required to enable the XPLANATION OF EQUEST Water Treatment Plants to attain the necessary disinfection status required by the recently enacted DEP Ground Water Rule and as approved by the PBC Department of Health (DoH). In December 2009 the Florida Department of Environmental Protection (DEP) introduced the new Ground Water Rule (GWR) as mandated by the Federal Environmental Protection Agency (EPA). Under the new GWR, utilities are required to undertake continuous monitoring of their distribution system or to have their water treatment facility(s) certified by the Department of Health as compliant with the 4 Log (99.99%) Virus Deactivation Rule. Due to the conditions surrounding the two options, adherence to the 4 Log Rule is considered advantageous for a public water system (PWS) of our size. The rule requires that each plant is operated in a way that will maintain a minimum level of chlorination at all times regardless of operating conditions. In order to achieve this, the rule sets the conditions to be used in calculating the lowest level of chlorine that must be maintained in a worst case scenario that will ensure that 99.99% of all viruses will be destroyed. There are two common ways of treatment both in use at the utility. The first is free chlorination. This method is rapid and very effective but has some minor side effects including a faint chlorine odor. We use this method annually for a period of one month in order to ensure that the distribution system is kept in optimum condition. The second method is combined chlorination in which we add ammonia to the chlorinated water to form chloramines. Chloramines also provide disinfection but are less aggressive and do not impart the same 111 of 495 strong chlorine odor; additionally there is less chance of disinfection by-products being formed. Combined chlorination, as it is called, is the most common method used throughout the industry. In order to meet the requirements of the rule we have been working with our engineering consultants, Globaltech, and they have prepared a submission to the Department of Health for their approval of our proposed means of meeting this rule. At both plants this will require some changes to how and where we add the disinfection chemicals, and will also require us to install on-line monitoring instruments to measure chlorine and chloramine levels. In order to achieve the requirements of the rule we will have to utilize free chlorination for a short period and then revert to combined for onward transmission in the distribution system. This request is for the funding to purchase those instruments. The specific make and model of instrument must be approved under the rule and meet the requirements of EPA Method 334.0. The type and make are included as a part of our submission to the Department of Health and are supplied by AMJ Solutions as the sole source for Endress+Hauser. Data collected from the instruments is required to be collected and historized by our control system. We are also required to ensure that the instruments are always on-line with minimal downtime and therefore we need to ensure that appropriate spares are always available. The DoH has indicated their potential acceptance of our plans as submitted but will require us to complete the work prior to giving their approval under the rule. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES This will improve our service to our consumers by providing additional protection in our water treatment program and meet the very latest requirements of the EPA. FI: ISCAL MPACT Funding in the sum of $54,239.90 for this will be found in the Utility CIP from account # 403- 5006-590-65-02 WTR112 East Plant Upgrades. A: LTERNATIVES The GWR does allow for an alternative to 4 Log Virus Deactivation, this being the implementation of an approved Finished Water Monitoring regimen. This requires us to perform a certain level of monitoring for a variety of issues in the distribution system. Should we experience a hit (even if it turns out to have been a false positive) then immediate and extensive sampling of the source water is required, and under certain conditions this might necessitate precautionary system wide boil water notices. The need for this level of sampling and the possibility of the extensive boil water notices is obviated if we meet the 4 log criteria. 112 of 495 RESOLUTION NO. R10- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE SOLE SOURCE PURCHASE FROM AMJ EQUIPMENT CORPORATION OF LAKELAND, FLORIDA FOR SPECIALIZED ONLINE CONTROLS AND INSTRUMENTATION AT A COST OF $54,239.90; AND PROVIDING AN EFFECTIVE DATE. WHEREAS ,the City Commission of the City of Boynton Beach, upon recommendation of staff, deems it to be in the best interests of the citizens and residents of the City of Boynton Beach, to approve the sole source purchase from AMJ Equipment Corporation for online controls and instrumentation which are required to enable the Water Treatment Plants to attain the necessary disinfection status required by the recently enacted DEP Ground Water Rule in the amount of $54,239.90; and WHEREAS, pursuant to City of Boynton Beach Code Section 2-56.1(d), this procurement is exempt from the bid requirements as a sole source purchase. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby ratified and confirmed by the City Commission. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve the sole source purchase from AMJ Equipment Corporation for online controls and instrumentation which are required to enable the Water Treatment Plants to attain the necessary disinfection status required by the recently enacted DEP Ground Water Rule in the amount of $54,239.90. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of May, 2010. CITY OF BOYNTON BEACH, FLORIDA 113 of 495 ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove _______________________________ Commissioner – Woodrow L. Hay _______________________________ Commissioner – Steven Holzman ATTEST: _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 114 of 495 115 of 495 116 of 495 117 of 495 118 of 495 119 of 495 120 of 495 121 of 495 122 of 495 123 of 495 124 of 495 March 30, 2010 City of Boynton Beach Attn.: James Sylvain AMJ EQUIPMENT CORPORATION is the sole authorized Endress+Hauser representative for municipal accounts in the state of Florida for the territory defined by zip codes beginning with 320- 23, 326-339 and 342-46. They hold an exclusive representative agreement with Endress+Hauser for coverage of municipal accounts in the above territory. Sincerely, Larry Sims Regional Vice President 125 of 495 6. F CONSENT AGENDA May 18, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 18, 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 RESOLUTIN NO. R10-055 - Approve a EQUESTED CTION BY ITY OMMISSION piggy-back with the City of Ft. Lauderdale's contract #403-10368 with Harcros Chemicals, Inc. of Tampa, Florida for Hydrofluorosilcic Acid (fluoride), for the City's Water Treatment plants. The estimated annual expenditure is $65,000.00. ER: The public contract bid requirements are equal to or exceeds XPLANATION OF EQUEST Boynton Beach’s requirements. This bid for Hydrofluorosilcic Acid commercial strength, 23- 25% pure by weight meets our specifications. Fluoride is essential because of its role in the formation of human bones and teeth. The American Dental Association strongly recommends the addition of fluoride to potable water supplies. The approval of fluoride to be added to our water supply was Commission approved in fiscal year 2001-2002. The City of Ft. Lauderdale solicited this bid to 291 vendors and received only one (1) response from Harcros Chemical Inc. Ft. Lauderdale formally bid this commodity for the Co-Op in 2006, 2008, 2010 and received only one (1) response, Harcros, Inc. being the “sole” bidder since they are the only known vendor that can supply the quantities of fluoride required by the Co-Op members. The Utilities Department concurs with this recommendation. (See attached Memo #10-17.) 126 of 495 The following is the proposed pricing: Full Truckloads Pricing (based on 23% $0.3475/lb analysis) Less than full truckloads (based on 23% $0.375/lb analysis) Demurrage Rate $75.00/hour Note: Full Truckloads – One stop Less than full truckloads – regardless of the number of stops Demurrage only to be charged after two (2) hours at customer site Contract Period: March 1, 2010 to February 28, 2011 The provisions of this bid award will allow for three (3) additional one (1) year extensions at the same terms, conditions and prices subject to vendor acceptance, satisfactory performances and determination that the renewal is in the best interest of the City. H? Lack of potable water fluoridation will OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES have an adverse effect on the citizen’s dental hygiene. FI: The estimated cost at $65,000.00 is based on an acid concentration of 23% ISCAL MPACT but this value typically fluctuates in the 23-25%. Last year’s average acid concentration was 24.49%. A new fluoride tank (capacity 6,000 gallons) was put in service at the East plant during 2008-2009 fiscal year. Thus, the City had ordered extra fluoride to fill the tank resulting in 19,199 gallons received this year. A: The City could issue its own bid but it is evident that Harcros, Inc. is the “sole” LTERNATIVES bidder”, or we can choose not to fluoridate the water. However, these alternatives may lead to higher costs or potentially endanger community health. LAST YEAR’S EXPENDITURE : $65,851. 127 of 495 RESOLUTION NO. R10- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE “PIGGY-BACK” OF A CITY OF FT. LAUDERDALE CONTRACT #403-10368 WITH HARCROS CHEMICALS, INC., OF TAMPA, FLORIDA FOR THE PURCHASE OF HYDROFLUOROSILCIC ACID (FLUORIDE) FOR THE CITY’S WATER TREATMENT PLANTS; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, City staff has confirmed that the City of Ft. Lauderdale has complied with Public Contract Bid requirements which equal or exceed the City of Boynton Beach’s requirements; and WHEREAS, upon recommendation of staff, it is the City’s desire to “piggy-back” a City of Ft. Lauderdale Contract 403-10368 and authorizes the Mayor and City Clerk to sign an Agreement with Harcros Chemicals, Inc., of Tampa, Florida for the purchase of hydrofluorosilcic acid (fluoride) for the City’s Water Treatment Plants. 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. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves the “piggy-back” City of Ft. Lauderdale Contract 403-10368 and authorizes the Mayor and City Clerk to sign an Agreement with Harcros Chemicals, Inc., of Tampa, Florida for the purchase of hydrofluorosilcic acid (fluoride) for the City’s Water Treatment Plants, a copy of the Agreement is attached hereto as Exhibit “A”. Section 3. That this Resolution shall become effective immediately. PASSED AND ADOPTED this ______ day of May, 2010. CITY OF BOYNTON BEACH, FLORIDA 128 of 495 ________________________________ Mayor – Jose Rodriguez ___________________________________ Vice Mayor – Marlene Ross ___________________________________ Commissioner – William Orlove ___________________________________ Commissioner – Woodrow L. Hay ___________________________________ Commissioner – Steven Holzman ATTEST: ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 129 of 495 130 of 495 131 of 495 132 of 495 133 of 495 134 of 495 135 of 495 136 of 495 137 of 495 138 of 495 139 of 495 140 of 495 141 of 495 142 of 495 143 of 495 144 of 495 145 of 495 6. G CONSENT AGENDA May 18, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 18, 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: Award the Bid for "ANNUAL SUPPLY OF PVC EQUESTED CTION BY ITY OMMISSION SCHEDULE 40 AND 80 IRRIGATION SUPPLIES" Bid # 036-1412-10/MFD to: Boynton Pump, Bridgeton Plumbing & Heating Supply Company, HD Supply Waterworks, Lehman Pipe & Plumbing, Melrose Supply & Sales Corporation on an overall basis, to the lowest, most responsive, responsible bidders who met all specifications with an estimated annual amount of $50,000.. ER: On April 15, 2010, Procurement Services opened and tabulated XPLANATION OF EQUEST five (5) bids. All bids were reviewed by the Warehouse Manager. It was determined to ”. recommend this award in part to all five (5) companies as overall “LOW BIDDERS : 1,2010–1,2011 CONTRACT PERIODJULY JULY The provision of this bid will allow for a one (1) year extension at the same terms, conditions and prices subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. PROGRAM IMPACT: The purpose of this bid is to establish pricing for the purchase of various PVC piping (schedule 40 & 80) to be used in irrigation installation/repairs. Items will be ordered on an “AS NEEDED BASIS” and stocked in the City’s Warehouse. FI:ACCOUNT NUMBER ESTIMATED ISCAL MPACT WAREHOUSE STOCKANNUAL EXPENDITURE 502-00-141-100 $50,000 A: Obtain quotes “as needed” which would not be cost effective. LTERNATIVES 146 of 495 The City of Boynton Beach Finance Department WAREHOUSE DIVISION TO: Carol Doppler, Purchasing Agent FROM: Michael Dauta, Warehouse Manager DATE: April 21, 2010 SUBJECT: Irrigation Bid # 036-1412-10/MFD I reviewed the tabulation sheet sent from your office. The evaluating factors used were price and delivery. The annual estimated expenditure is $50,000. My recommendation is a multi-award to overall low vendor. Boynton Pump (Please see notes below) Item(s) 1,2,35,6,7,8,9,10,11,12,13,14,1518,19,2022,23,24,25,26,27,28,2931,34,35,36,3 ,4,,,,30,33, 7,38,39,40,41,4292105,106, ,74,77,78,79,81,82,,93,100,104, 107,108,109111,112,113,114,115,116 ,,148,149,156,203, Bridgeton Plumbing & Heating Supply Co. (Please see notes below) Item(s) 155,213,216.229,230,237,238,239,240 HD Supply Waterworks (Please see notes below) Item(s) 147 of 495 1,2,35,6,7,8,9,10,11,12,13,14,1518,19,2022,23,24,25,26,27,28,29 ,,16,17,,21, 3134,35,36,37,38,39,40,41,42 ,32,,59,60,61,62,63,64,65,66,67,68,69,70, 105,106,107,108,109111,112,113,114,115,116117,118 75,76,80,,,,119,120, 130,133,134,135,137,144,145,150,151,152,231,232,234,235,236 Lehman Pipe and Plumbing Supply (Please see notes below) Item(s) 110,140,141,142,157,158,160,161,162,163,164,165,166,167,168,169,170, 171,172,173,174,175,176,177,178,179,180,181,182,183,184,185,186,187, 188,189,190,191,192,193,194,195,196,197,198,199,200,201,202,207,208, 209,210,211,212,214,215,217,218,219,220,221,222,223,224,225,226,227, 228 Melrose Supply & Sales Corp. (Please see notes below) Item(s) 43,44,45,46,47,48,49,50,51,52,53,54,55,56,57,58,71,72,73,83,84,85,86,87, 92117,118 88,89,90,91,,94,95,96,97,98,99,101,102,103,,121,122,123,124, 125,126,127,128,129,131,132,136,138,139,143,146,147,153,154,159,204, 205,206, 233 Notes  Item numbers in bold are items awarded to (2) vendors because they have the same low price. Orders will be based on availability and delivery at the time of the order being placed.  Item numbers in italics were awarded to vendors who have a minimum order requirement. Bridgeton has a minimum of $250 per order and Lehman Pipe has a minimum of $50. If the minimum is not met then we will order from the second lowest vendor. In some cases, the second lowest vendor is either Lehman or Bridgeton. If the minimum is still not met then we will order from the third lowest. The list is as follows: Second lowest vendor Boynton Pump Item(s) 110 Bridgeton Plumbing & Heating Supply Co Item(s) 172,174,176,177,181,182,183,184,185,193,194,201,202,207,212,214,215, 222 148 of 495 HD Supply Waterworks Item(s) 110 Lehman Pipe and Plumbing Supply Item(s) 155,213,229,230,237,238,239,240 Melrose Supply & Sales Corp. Item(s) 140,141,142,157,158,160,161,162,163,164,165,166,167,168,169,170,171, 173,175,178,178,180,186,187,188,189,190,191,192,195,196,197,198,199, 200,208,209,210,211,216,217,218,219,220,221,223,224,225,226,227,228 Third lowest vendor Boynton Pump Item(s) 177,207,238 Melrose Supply Item(s) 155,172,174,176,181,182,183,184,185,193,194,201,202,212,213,214,215, 222,229,230,237,239,240 In addition to the overall low prices, the following vendors are offering a discount for items not listed on this bid. Boynton Pump 78.5% Bridgeton Plumbing & Heating Supply Co 60% HD Supply Waterworks 78.5% sch40 76.4% sch80 Melrose Supply & Sales Corp. 72% sch40 149 of 495 70% sch80 (Does not apply to 10 & 12”) Cc: Barry Atwood, Director of Finance 150 of 495 151 of 495 152 of 495 153 of 495 154 of 495 155 of 495 156 of 495 157 of 495 158 of 495 159 of 495 160 of 495 161 of 495 162 of 495 163 of 495 164 of 495 165 of 495 166 of 495 167 of 495 168 of 495 169 of 495 170 of 495 171 of 495 172 of 495 173 of 495 174 of 495 175 of 495 176 of 495 177 of 495 178 of 495 179 of 495 6. H CONSENT AGENDA May 18, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 18, 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 Update on Neighborhood Stabilization Program EQUESTED CTION BY ITY OMMISSION ER: The status of the Neighborhood Stabilization program is as follows: XPLANATION OF EQUEST $1,625,000.00 –Value of offers made on 18 properties $571,300.00 – Offers accepted on 6 properties encumbered The specifications for rehabilitation of five of the properties have been completed, and staff is currently determining the estimated costs involved. H? The removal of six foreclosed upon OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES properties which potentially contribute to the decay of neighborhoods, providing affordable housing for income eligible families. FI: 24.75% of available NSP funds currently encumbered. ISCAL MPACT A: Not accept report. LTERNATIVES 180 of 495 181 of 495 6. I CONSENT AGENDA May 18, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 18, 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. R10-056 - Approve and EQUESTED CTION BY ITY OMMISSION ratify the action of the South Central Regional Wastewater Treatment and Disposal Board at their meeting on April 15, 2010. (a) Authorization to amend Rule II, Section 14 of the Board Rules (b) Authorization to decrease our Reclaim User Rate for Hunters Run, Country Club of Florida, Quail Ridge, Delray Dunes and Pine Tree for fiscal Year 2009/2010 to .2417/1,000 gallons. ER: On April 15, 2010, the South Central Regional Wastewater XPLANATION OF EQUEST Treatment & Disposal Board held its Regular Quarterly Annual meeting. At that time, the Board took action on the items that are now before the City Commission for ratification. This City Commission ratification is the confirmation process for the action taken by the S.C.R.W.T.D. Board. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: None ISCAL MPACT A: Do not ratify the actions of South Central Regional Wastewater Treatment and LTERNATIVES Disposal Board. 182 of 495 RESOLUTION NO. R10- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING THE ACTION TAKEN BY THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD, ON APRIL 15, 2010, AS STATED HEREIN; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE SAID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The South Central Regional Wastewater Treatment & Disposal Board (SCRWTDB) requests ratification of the action taken by the Board at the Quarterly Meeting of April 15, 2010, as set forth in the attached Exhibit “A”. 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. Section 2. The City Commission does hereby ratify the action taken by the South Central Regional Wastewater Treatment & Disposal Board on April 15, 2010, as set forth on the attached Exhibit “A”. Section 3. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this _____ day of May, 2010. CITY OF BOYNTON BEACH, FLORIDA ___________________________ Mayor – Jose Rodriguez ____________________________ Vice Mayor – Marlene Ross ____________________________ Commissioner – William Orlove ATTEST: ____________________________ Commissioner – Woodrow L. Hay _________________________ ____________________________ Janet M. Prainito, MMC Commissioner- Steven Holzman City Clerk (Corporate Seal) 183 of 495 184 of 495 185 of 495 186 of 495 7. A BIDS AND PURCHASES OVER $100,000 May 18, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 18, 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. R10-057 - Award EQUESTED CTION BY ITY OMMISSION contract for Bid # 038-2821-10/CJD, "Re-bid Seacrest Boulevard Roadway Improvements" to H & J Contracting, Inc. of as the lowest, most responsive, responsible bidder; in the amount of $1,425,312 which includes Alternate 1 and Alternate #2. Also approve an additional owner's contingency of 10%, equal to $142,531, resulting in a total funding authorization of $1,567,843. th ER: On April 15, 2010, Procurement Services opened (9) bids for the “Re-bid XPLANATION OF EQUEST of the Seacrest Boulevard Roadway Improvements”. Bids ranged from a low of $1,425,312 to a high of $1,917,391 with an average bid price of $1,675,502. All bids were reviewed by the Engineering Division and the Utilities Department and references were checked. It was determined that H & J Contracting, Inc. was the lowest, most responsive, responsible bidder who met all the selection criteria. H? The purpose of the project is a OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES streetscape/enhancement project in the Heart of Boynton corridor. The project limits are along Seacrest Boulevard from the C-16 canal to East Ocean Avenue and along East Ocean Avenue from st Seacrest Boulevard to west of NE 1 Street. Construction will include, but is not limited to raised median sections, mill and resurfacing of street, landscaping, irrigation, reclaimed water line, street lighting, sidewalk, pedestrian plaza, and signing & pavement markings. FI: The construction and construction-engineering-inspection (CEI) costs will be paid for ISCAL MPACT out of the allocated ARRA funds up to $1,998,838.00. The construction costs for the extension of the reclaimed water line will be paid for with CIP funds from the Utilities Department; project #REU003; account #406-5000-590.65-11. A: Do not construct the project and “turn down” the funding of the project through the LTERNATIVES American Recovery and Reinvestment Act of 2009. 187 of 495 RESOLUTION NO. R10- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD AND EXECUTION BY THE CITY MANAGER AND CITY CLERK OF A CONTRACT TO H AND J CONTRACTING, INC., FOR BID #038-2821-10/CJD, FOR “RE-BID SEACREST BOULEVARD ROADWAY IMPROVEMENTS” IN THE AMOUNT OF $1,425,312.00 WITH AN OWNER’S CONTINGENCY OF 10% IN THE AMOUNT OF $142,531.00 FOR A TOTAL BUDGET APPROPRIATION OF $1,567,843.00; AND PROVIDING AN EFFECTIVE DATE . WHEREAS, on April 15, 2010, Procurement Services received and opened nine (9) bid proposals in response to #038-2821-10/CJD for “Re-Bid Seacrest Boulevard Roadway Improvements”; and WHEREAS, the City’s Engineering Division and Utilities Department reviewed all bids and checked references and staff is recommending awarding the contract to H and J Contracting, Inc., of Wellington, Florida who was the lowest, most responsive, responsible bidder who met all qualifications; and WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to award and authorize execution of a contract to H and J Contracting, Inc., for Bid #038-2821-10/CJD “Re-Bid Seacrest Boulevard Roadway Improvements”, in the amount of $1,425,312.00 with an owner’s contingency of 10% in the amount of $142,531.00 for a total budget appropriation of $1,567,843.00. 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 188 of 495 authorize and direct the approval and execution by the City Manager and City Clerk of a contract with H and J Contracting, Inc., for Bid#038-2821-10/CJD “Re-Bid Seacrest Boulevard Roadway Improvements”, in the amount of $1,425,312.00 with an owner’s contingency of 10% in the amount of $142,531.00 for a total budget appropriation of $1,567,843.00, a copy of which is attached hereto as Exhibit “A”. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of May, 2010. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove _______________________________ Commissioner – Woodrow L. Hay _______________________________ Commissioner – Steven Holzman ATTEST: _____________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 189 of 495 190 of 495 191 of 495 192 of 495 193 of 495 194 of 495 195 of 495 196 of 495 197 of 495 198 of 495 199 of 495 200 of 495 201 of 495 202 of 495 203 of 495 204 of 495 205 of 495 206 of 495 207 of 495 208 of 495 209 of 495 210 of 495 211 of 495 212 of 495 213 of 495 214 of 495 215 of 495 216 of 495 217 of 495 218 of 495 219 of 495 220 of 495 221 of 495 222 of 495 223 of 495 224 of 495 225 of 495 226 of 495 227 of 495 228 of 495 229 of 495 230 of 495 231 of 495 232 of 495 233 of 495 234 of 495 235 of 495 236 of 495 237 of 495 238 of 495 239 of 495 240 of 495 241 of 495 242 of 495 243 of 495 244 of 495 245 of 495 246 of 495 247 of 495 248 of 495 249 of 495 250 of 495 251 of 495 252 of 495 253 of 495 254 of 495 255 of 495 256 of 495 257 of 495 258 of 495 259 of 495 260 of 495 261 of 495 262 of 495 263 of 495 264 of 495 265 of 495 266 of 495 267 of 495 268 of 495 269 of 495 270 of 495 271 of 495 272 of 495 273 of 495 274 of 495 275 of 495 276 of 495 277 of 495 278 of 495 279 of 495 280 of 495 281 of 495 282 of 495 283 of 495 284 of 495 285 of 495 286 of 495 287 of 495 288 of 495 289 of 495 290 of 495 291 of 495 292 of 495 293 of 495 294 of 495 295 of 495 296 of 495 297 of 495 298 of 495 299 of 495 300 of 495 301 of 495 302 of 495 303 of 495 304 of 495 BID TITLE: SEACREST BOULEVARD ROADWAY IMPROVEMENTS BID NUMBER: 038-2821-10/CJD__________ PROJECT NUMBER: PWEN 00-002 CITY OF BOYNTON BEACH, FLORIDA CONTRACT FOR CONSTRUCTION SERVICES THIS CONTRACT, made and entered into this _______ day of ________________, 2010, by and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the “CITY” or “OWNER” and H and J CONTRACTING, INC., a Florida Corporation ( X ) Check One a Florida General Partnership (____) a Florida Limited Partnership (____) a Sole Proprietor (____) hereinafter called “CONTRACTOR”. WITNESSETH WHEREAS, The City has heretofore invited bids for a City construction project (“Project”) identified by the bid title, bid number and project number listed above and commonly referred to as: SEACREST BOULEVARD ROADWAY IMPROVEMENTS WHEREAS, Contractor, in compliance with the bidding requirements announced by the City, ,425,312.33 submitted a bid on the 15TH day of APRIL, 2010 for the total bid amount of $1; and, WHEREAS, On the 18TH day of MAY, 2010 the City Commission designated contractor as having submitted the bid that was most advantageous to the City and authorized the execution of this Agreement; and, WHEREAS, the Parties agree that the Project is scheduled to achieve Substantial Completion without interruption within 365 calendar days as specified in the Notice to Proceed, subject to CITY approved time extensions. NOW, THEREFORE, in consideration of these premises and the mutual conditions and covenants contained herein, the parties agree as follows: 305 of 495 1.AGREEMENT The Parties agree that: 1.1. The foregoing "Whereas" clauses are true and correct and incorporated 1.1.1. herein by this reference. The CITY does hire and employ the CONTRACTOR to provide construction 1.1.2. services for completion of the Project. The CONTRACTOR does accept this Contract and does agree to furnish the 1.1.3. necessary labor, tools, equipment, materials and supplies, etc., and to complete the Project by performing all the work as set forth in the this Contract and the Contract Documents for the price and amounts set forth in Contractor’s bid. Contractor is an independent contractor as that term is set forth in the 1.1.4. General Conditions for Construction GC-2, INDEPENDENT CONTRACTOR. Unless otherwise provided, all time frames referenced in all Contract 1.1.5. Documents shall be calendar days. 2.SCOPE OF SERVICES 2.1.The Project consists of those improvements described and set forth in the Contract Documents. 2.2.The “Contract Documents” are the compilation of the following individual documents which are hereby not listed in any order of precedence. 2.2.1.Advertisement for Bids 2.2.2.Instructions for Bidders 2.2.3.Bid Proposal 2.2.4.Bid Bond 2.2.5.General Conditions for Construction (GC) – all references to “GC” shall be to section numbers 2.2.6Special Conditions for City Furnished Materials 2.2.7Terms and Conditions for City Furnished Materials 2.2.8Construction Contract 2.2.9Certificate of Insurance 2.2.10Public Construction Bond 2.2.11Technical Specifications 2.2.12Contract Drawings and Plans 2.2.13Addenda 2.2.14Written directives or interpretations 2.2.15Manufacturers warranties 3.OBLIGATIONS OF CONTRACTOR 306 of 495 3.1.Contractor shall: 3.1.1.Furnish all materials, supplies, machines, equipment, tools, superintendents, labor, insurance, and other accessories and services necessary to complete said project in accordance with the conditions and prices as stated in the Contract Documents. 3.1.2. Perform all the work and labor pursuant to this contract and all of the materials furnished shall be in strict conformity with the Contract Documents. CONTRACTOR further accepts and consents to the conditions contained in said Contract Documents and expressly agrees to comply with every requirement and stipulation therein contained. 3.1.2.1.Comply with provisions in Special Conditions and Terms and Conditions for City Furnished Materials. 3.1.3.Furnish all tools, equipment, materials and supplies and to do all the work above mentioned in a first-class, substantial and workmanlike manner, and in conformity with the detail for said work on file in the office of the Project Manager and strictly in accordance with the Contract Documents. 3.1.4.CONTRACTOR shall furnish each subcontractor or material supplier with a copy of his Public Construction Bond within five (5) days of subcontractors’ work or material supplying and shall maintain records to establish that notice. A copy of said notice shall be provided to the City’s Project Manager at time of issuance. 3.1.5.Guarantee all work and materials for a period of one (1) year, as set forth in the General Conditions for Construction GC-24, WARRANTY. Warranty period shall commence with date of final acceptance as set forth in the Technical Specifications for Construction 01700, EXECUTION REQUIREMENTS. 3.1.6.Comply with the provisions of Section 255.05, Florida Statutes, if applicable. 3.1.7.Pay promptly, before final settlement, any and all claims or liens by subcontractors or material suppliers, incurred in and about this work. 3.1.8.Remove and clean up all rubbish, debris, excess material, temporary structures, tools and equipment from streets, alleys, parkways and adjacent property that may have been used or worked on by the CONTRACTOR in connection with the project promptly as such section or portion is completed and ready for use, leaving the same in a neat and presentable condition. 3.1.9.Observe and comply with the provisions of the charter, ordinances, codes and regulations of the City of Boynton Beach, Florida. 3.1.10.Obtain written approval from the CITY of all subcontractors not disclosed in the Contractor’s bid document. 3.1.11.Perform such other tasks as set forth in the Contract Documents. 3.1.12.Shall provide all required bonds, insurance certificates and any other required security for performance of the Project within ten (10) of the Award of the Project. 307 of 495 3.2.The CONTRACTOR will be held responsible for the care, protection and condition of all work until final completion and acceptance thereof, and will be required to make good at his own cost any damage or injury occurring from any cause resulting from their acts or omissions, or the acts or omissions of their subcontractors or suppliers. 4.CITY’S OBLIGATIONS 4.1.City shall provide a written Notice to Proceed at the time of the scheduled Pre- Construction Meeting. 4.2.Make timely payments for the work in accordance with the procedures and time frames set forth in the Contract Documents. 4.3.On satisfactory completion of the Project, provide a written final acceptance and payment for the entire project. 5.COMMENCEMENT OF WORK 5.1.CONTRACTOR hereby agrees to commence work under this contract within (10) calendar days of the Commencement Date specified in the written “Notice to Proceed,” and to achieve Substantial Completion without interruption within 365 calendar days thereafter. 5.2.Time is the essence of the contract. In the event the CONTRACTOR shall fail to timely commence the work following Notice to Proceed or fail in the performance of the work specified and required to be performed within the time limit set forth in the contract, after due allowance for any extension or extensions of time made in accordance with the Contract Documents, the CONTRACTOR shall be liable to the CITY, as liquidated damages, the amount stipulated in Section 6.0 hereinbelow for each and every calendar day that the CONTRACTOR shall be in default of achieving certification of Substantial Completion. 5.3.CONTRACTOR shall notify the Project Engineer in writing of any change in the names and addresses of each subcontractor proposed for principal parts of work, and any changes in subcontractors from those proposed in CONTRACTOR’s bid proposal, and for such others as the Project Engineer may direct, and shall not employ any that CITY may, within a reasonable time, object to as incompetent or as unfit. 6.LIQUIDATED DAMAGES 6.1.The CONTRACTOR further agrees to pay $1,500.00 per day as liquidated damages, for failure to begin within ten (10) days of CITY’s issuance of the “Notice to Proceed” or failure to achieve Substantial Completion within 365 calendar days from the Commencement Date as indicated in the written “Notice to Proceed”. The CITY shall have the right to deduct said liquidated damages from any amount due, or that may become due the CONTRACTOR, or to collect such liquidated damages from the CONTRACTOR or his Surety. 6.2.Punch list items recorded as a result of inspections for Substantial Completion are to be corrected by the CONTRACTOR within thirty (30) calendar days and prior to any request for Final Inspection, Testing and Acceptance as stated in the General Conditions for Construction (GC-50). If the Substantial Completion punch list items have not been 308 of 495 corrected by the CONTRACTOR within the thirty (30) calendar day period, at the discretion of the Project Manager, Liquidated Damages may be applied as described in Section 6 above. 7.PROTECTION OF EXISTING FACILITIES AND WORK IN PROGRESS 7.1.The CONTRACTOR warrants that quoted prices include the protection and continuous use of all existing work in process, property or operations of the CITY as more particularly set forth in the Technical Specifications for Construction, 01540, SECURITY AND SAFETY PROCEDURES FOR INFRASTRUCTURE PROJECTS. 8.INDEMNIFICATION 8.1.The CONTRACTOR shall indemnify and save harmless and defend the CITY, its agents, servants, and employees from and against any claim, demand, or cause of action of whatsoever kind or nature arising out of error, omission or negligent act of CONTRACTOR, its agents, servants, or employees in the performance of services under this Agreement. 8.2.CONTRACTOR shall indemnify and save harmless and defend CITY, its agents, servants and employees from against any kind and all causes, claims, demands, actions, losses, liabilities, settlements, judgments, damages, costs, expenses, and fees (including without limitation reasonable attorney’s and paralegal expenses at both the trial and appellate levels) of whatsoever kind or nature for damages to persons or property caused in whole or in part by any act, omission, or default of the CITY, its agents, servants or employees arising from this contract or its performance. The CONTRACTOR and the CITY hereby agree and covenant that the CONTRACTOR has incorporated in this original bid, which constitutes the Contract sum payable by the CITY to the CONTRACTOR, specific additional consideration in the amount of ten dollars ($10.00) sufficient to support this obligation of indemnification provided for in this paragraph. The indemnification required pursuant to the Contract shall in no event be less than $1 million per occurrence or no more than the limits of insurance required of the CONTRACTOR by the Contract, whichever is greater. It is the CITY’S and CONTRACTOR’S full intention that this provision shall be enforceable and said provision shall be in compliance with Section 725.06, Florida Statute. 8.3.The execution of this Agreement by the CONTRACTOR shall obligate CONTRACTOR to comply with the foregoing indemnification provision, as well as the insurance provisions which are set forth in the General Conditions for Construction. However, the indemnification provision, and the insurance provision contained in the General Conditions for Construction are not interdependent of each other, but rather each one is separate and distinct from the other. 8.4.The obligation of the CONTRACTOR to indemnify the CITY is not subject to any offset, limitation or defense as a result of any insurance proceeds available to either the CITY or the CONTRACTOR. 9.PAYMENT BY CITY 9.1.The CITY agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to additions and deductions as provided in the Contract Documents. 309 of 495 10.CHANGES IN THE WORK 10.1 The CITY, without invalidating the Contract, may order extra work or make changes by altering, adding to or deducting from the work, the Contract sum being adjusted At the City’s discretion, the City may make direct purchases of any accordingly. materials and equipment purchased for, or to be incorporated into the Project, as determined by the City. CONTRACTOR HEREBY ACKNOWLEDGES THAT HE HAS READ AND UNDERSTANDS THE ABOVE PROVISION. _________ INITIALS All such work shall be executed under the conditions of the original Contract. Any claim for extension of time caused thereby shall be made in writing at the time such change is ordered. Changes in the work must be processed as set forth in the General Conditions for Construction GC-46, FIELD CHANGE DIRECTIVES/CHANGE ORDERS. No Field Change Directive or Change Order shall be authorized by the Project Manager if the Contractor has added language to the Field Change Directive or Change Order or to any cover letter, e-mail, facsimile, or other written document which accompanies the Field Change Directive or Change Order in which the contractor attempts to reserve any future right or claim arising out of the work which is the subject of the Field Change Directive or Change Order. If the Contractor adds such language, the Project Manager shall secure specific written authorization from the City Manager’s office before executing the Field Change Directive or Change Order. 10.2hange orders and adjustments shall be in writing and approved by the Project Manager, C otherwise, no claim for extras will be allowed. 10.3Claim of payment for extra work shall be submitted by the CONTRACTOR upon certified statement supported by receipted bills. Such statements shall be submitted for the current contract payment for the month in which the work was done. No claim for extra work shall be allowed unless same was ordered, in writing, as aforesaid and the claim presented at the time of the first estimate after the work is completed. 11.PROJECT ENGINEER 11.1.The Project Engineer (“Engineer”) is MARWAN MUFLEH, P.E., KIMLEY-HORN AND ASSCOIATES, INC.. 11.2.The Project Engineer shall have general supervision and direction of the work. The Project Engineer is the agent of the CITY only to the extent provided in the Contract Documents and when in special instances he has the authority by CITY to act, and in such instances he shall, upon request, show CONTRACTOR such authority in writing. He has authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the Contract. 11.3.As the Project Engineer is, in the first instance, the interpreter of the conditions of the contract and the judge of its performance, he shall side neither with CITY nor with CONTRACTOR, but shall use his authority pursuant to the Contract to enforce its faithful performance by both parties. 310 of 495 11.4.In the event of a dispute, the role of the Project Engineer is to make recommendations to the Project Manager who shall make the final decision. 12.INSURANCE 12.1.The Contractor shall obtain and maintain insurance as set forth in the General Conditions for Construction GC-27, INSURANCE. 13.CONTRACT CONTROLS 13.1.This Contract must be construed with all other Contract Documents, a master set of which shall be maintained by the City Clerk of the CITY. In the event of a dispute, only the master set of documents, or copies thereof certified by the City Clerk, shall be used as evidence. 13.2.In the event of a conflict between the requirements or specifications set forth in the Contract Documents, the conflict shall be resolved by written interpretation by the Project Manager. In reconciling conflicting provisions of the Contract Documents, the Contract shall have the greatest weight, followed by the General Conditions for Construction, technical specifications, and finally by the balance of the Contract Document. 14.TIME OF ESSENCE 14.1.Inasmuch as the provisions of the Contract Documents relating to the times of performance and completion of the work are for the purpose of enabling the CITY to complete the construction of a public improvement in accordance with a predetermined program, all such time limits are of the essence of the Contract. 15.REMEDY FOR DELAY 15.1.In the event of any delay in the project caused by any act or omission of the CITY, its agents or employees, by the act or omission of any other party other than the CONTRACTOR, his agents, employees or subcontractors, or delay caused by weather conditions or unavailability of materials, the sole remedy available to CONTRACTOR shall be by extension of the time allocated to complete the project. 15.2.NO MONETARY DAMAGES SHALL BE CLAIMED OR AWARDED TO CONTRACTOR IN ASSOCIATION WITH ANY DELAY IN THE PROJECT CAUSED BY AN ACT OR OMISSION OF THE CITY, ITS AGENTS OR EMPLOYEES. CONTRACTOR ACKNOWLEDGES THIS LIMITATION ON RECOVERY AND ASSUMES ALL MONETARY RISK ASSOCIATED WITH THIS LIMITATION. CONTRACTOR HEREBY ACKNOWLEDGES THAT HE HAS READ AND UNDERSTANDS THE ABOVE PROVISION. _________ INITIALS 15.3.Failure on the part of CONTRACTOR to timely process a request for an extension of 311 of 495 time to complete the work shall constitute a waiver by CONTRACTOR and CONTRACTOR shall be held responsible for completing the work within the time allocated by this contract. 15.4.All requests for extension of time to complete the work shall be made in accordance with the General Conditions for Construction GC-23, EXTENSION OF TIME/NO DAMAGES FOR DELAY. 15.5.For the purpose of this section, the phrase “the CITY, its agents and employees” shall include but shall not be limited to the Project Engineer and Project Manager. 16.DISPUTES 16.1.Disputes shall be resolved as set forth in the General Conditions for Construction GC-18, DISPUTES. 16.2 Upon resolution of a dispute by the Owner, either party may request the appointment of a mediator. 312 of 495 IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its City Manager, attested to by the City Clerk with the Corporate Seal of the said CITY and the CONTRACTOR has executed these presence the day and year herein before written. CITY OF BOYNTON BEACH, FLORIDA Signed, sealed and witnessed in the presence of: _____________________________ ______________________________________ City Manager Attest: Approved as to Form: _____________________________ ______________________________________ City Clerk City Attorney Signed, sealed and witnessed H AND J CONTRACTING, INC. in the presence of: _____________________________ ______________________________________ President or Vice President _____________________________ ______________________________________ Attest as to CONTRACTOR State of Florida ) ) ss: County of Palm Beach ) On this ______ day of _______________, 20___, personally appeared before me, duly authorized to administer oaths, ______________________________________________ known to be the persons described herein or who has produced ______________________________ as identification and who executed the foregoing instrument and has acknowledged before me that they have executed same. _________________________________ Notary Public My Commission Expires: 313 of 495 314 of 495 315 of 495 316 of 495 317 of 495 318 of 495 319 of 495 320 of 495 321 of 495 322 of 495 8. A CODE COMPLIANCE & LEGAL SETTLEMENTS May 18, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 18, 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 mediated settlement in the amount of $66,000. EQUESTED CTION BY ITY OMMISSION Essie Mae Miller & Moses King v. City of Boynton Beach Plaintiff Counsel - Mark Egner, Topkin & Egner Defense Counsel - Michael Burke, Johnson Anselmo Murdoch Burke Piper & Hochman ER: On August 16, 2006, a City police officer was eastbound on XPLANATION OF EQUEST Boynton Beach Boulevard in a marked police unit in an effort to assist a fellow officer with a high risk traffic stop. Plaintiff was stopped at the northbound I-95 exit ramp waiting for the light to change to proceed westbound on Boynton Beach Boulevard. On green, plaintiff entered the intersection and was struck by police officer eastbound. Officer failed to stop or yield right of way. He had emergency lights on but not siren. Plaintiff suffered back and neck injuries and was treated in the local Emergency Room. The Plaintiff suffered a herniated disc and was referred to orthopedic specialist for surgical procedure. Medical expenses are presently at $71,139.16 and continuing. The City negotiated this settlement proposal during mediation. H? Litigation settlements and judgments of OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES this nature are part of the ongoing responsibilities of the Risk Management Department. FI: Settlement will be charged to the Risk Management budget expenses, account ISCAL MPACT number 522-1710-519-49-20. A: Failure to approve settlement will result in claim being litigated. Value of the LTERNATIVES case at trial is estimated at potentially $200,000. Defense legal costs are estimated at additional $25,000 for preparation and trial. CJM/Claimaut/MillerEA01.doc 323 of 495 324 of 495 The City of Boynton Beach, Florida RISK MANAGEMENT DEPARTMENT COMMISSION AGENDA MEMORANDUM TO: Kurt Bressner, City Manager THRU: Lori LaVerriere, Assistant City Manager FROM: Charles J. Magazine, Risk Manager DATE: April 22, 2010 SUBJECT: Essie Mae Miller & Moses King v. City of Boynton Beach Date of Loss: August 16, 2006 X Settlement __ Judgement Risk Management recommends the City Commission ratify the: in the above stated manner. RESERVES : Indemnity: $ 90,000 Expenses: $ 35,000 Demand : Original: $ 200,000 Final: $ 67,500 Offer : Original: $ 25,000 Final: $ 66,000 SETTLEMENT$ 66,000 : X NOTE: This settlement is the compromise of a claim for damages. Payment by the City is not to be construed, in any way, as an admission of liability or responsibility for any damages or injuries resulting therefrom. Current Adjustment FeesCurrent Legal Fees: : $ -0- $ 15,172 IF NOT SETTLED Projected Legal FeesProjected Jury Verdict : $ 25,000 : $ 200,000 (potential) JUDGEMENT$ - : __ Current Adjustment Fees:Current Legal Fees: $ - $ - CASE NARRATIVE : On August 16, 2006, a City police officer was eastbound on Boynton Beach Boulevard in a marked police unit in an effort to assist a fellow officer with a high risk traffic stop. Plaintiff was stopped at the northbound I-95 exit ramp waiting for the light to change to proceed westbound on Boynton Beach Boulevard. On green, plaintiff entered the intersection and was struck by police officer eastbound. Officer failed to stop or yield right of way. He had emergency lights on but not siren. Plaintiff suffered back and neck injuries and was treated in the local Emergency Room. The Plaintiff suffered a herniated disc and was referred to orthopedic specialist for surgical procedure. Medical expenses are presently at $71,139.16 and continuing. The City negotiated this settlement proposal during mediation. CJM/Claimaut/MillerEA02.doc 325 of 495 326 of 495 327 of 495 328 of 495 9. A PUBLIC HEARING May 18, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 18, 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. 10-011 - FIRST EQUESTED CTION BY ITY OMMISSION READING - Approve rezoning the property from Mixed Use-Low Intensity (MU-L) to Mixed Use-Low Intensity 2 (MU-L2), (Timeless Life Care) located at 623 South Federal Highway (west side of Federal Highway between SE 5th Avenue and SE 6th Avenue). ER: The request to rezone the above property is consistent with XPLANATION OF EQUEST the goals and objectives of the Comprehensive Plan, the intent of the Federal Highway Corridor Community Redevelopment, and is prompted by a Condition of Approval for the 2009 site plan time extension for the property, requiring the rezoning of the property from MU-L to MU-L2 for any major modifications to the site plan. The MU-L zoning district is being phased out and replaced by three new planned districts, MU-L1, MU-L2 and MU-L3, in order to allow for more flexibility in the implementation of the city’s redevelopment plans. Compared with the existing MU-L zoning district, the proposed MU-L2 district has a lower maximum height (65 feet versus 75 feet) and lower development density (30 versus 40 dwelling units per acre). The proposed use is for Timeless Life Care, an assisted living facility of 87 units/144 beds and retail space (1,000 square feet) on 1.21 acres. The application for a new site plan/conditional use is being processed concurrently. The Planning and Development Board, reviewed the request on April 27, 2010 and forwards it with a recommendation for approval. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT 329 of 495 A: Deny the rezoning. LTERNATIVES 330 of 495 ORDINANCE NO. 10- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF EASTSIDE LOFTS DEVELOPMENT, LLC., AMENDING ORDINANCE 02-013 TO REZONE A PARCEL OF LAND LOCATED AT 623 SOUTH FEDERAL HIGHWAY, AS MORE FULLY DESCRIBED HEREIN, FROM MIXED USE-LOW INTENSITY (MU-L) TO MIXED USE-LOW INTENSITY 2 (MU-L2); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE . WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and WHEREAS, Bradley Miller, of Miller Land Planning Consultants has filed a petition on behalf of the owner to rezoning a parcel of land more particularly described hereinafter; and WHEREAS, the City Commission, following required notice, conducted a public hearing to consider the rezoning and heard testimony and received evidence which the Commission finds supports a rezoning for the property hereinafter described; and WHEREAS , the City Commission finds that the proposed rezoning is consistent with the Land Use described in the City’s Comprehensive Plan; and WHEREAS, the City Commission deems it in the best interests of the inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. Section 2. The following described land located at 623 South Federal Highway, is hereby rezoned from Mixed Use-Low Intensity (MU-L) to Mixed Use-Low Intensity 2 (MU-L2): LOTS 5, 6, 7, AND 8, LESS THAT PORTION CONVEYED TO THE STATE OF FLORIDA FOR ROAD RIGHT OF WAY IN OFFICIAL RECORD BOOK 123, PAGE 263 AND OFFICIAL RECORD BOOK 615, PAGE 479, BLOCK C, PENCE SUBDIVISION NO. 1, ACCORDING TO 331 of 495 THE PLAT THEREOF, ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 1, PAGE 33. A location map is attached hereto as Exhibit “A” and made a part of this Ordinance by reference. Section 3. That the Zoning Map of the City is amended to reflect this rezoning. Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 6. This ordinance shall become effective immediately upon passage. FIRST READING this _____ day of _______________, 2010. 332 of 495 SECOND, FINAL READING and PASSAGE this _____ day of ___________, 2010. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove ______________________________ Commissioner – Woodrow L. Hay ______________________________ ATTEST: Commissioner – Steven Holzman _______________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 333 of 495 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 10-029 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Michael Rumpf Planning and Zoning Director FROM: Hanna Matras Senior Planner DATE: March 11, 2010 PROJECT NAME/NO: Timeless Life Care / REZN 10-001 REQUEST: Rezone the property from Mixed Use-Low Intensity (MU-L) to Mixed Use- Low Intensity 2 (MU-L2) PROJECT DESCRIPTION Property Owner/Applicant: Eastside Lofts Development , LLC Agent: Bradley Miller, Miller Land Planning Consultants, Inc. Location: 623 South Federal Highway (see Exhibit “A” – Location Map) Existing Land Use: Mixed Use (MX) Existing Zoning: Mixed Use-Low Intensity (MU-L) Proposed Land Use: No change proposed to land use classification Proposed Zoning: Mixed Use-Low Intensity 2 (MU-L2) Proposed Use: Assisted Living Facility: 87 units/144 beds and Retail (1,000 square feet) Acreage: 1.21 acres Adjacent Uses: Vacant commercial property classified Local Retail Commercial (LRC) land North: use and zoned Community Commercial (C-3); Developed commercial properties (offices) classified Local Retail South: Commercial (LRC) land use and zoned Community Commercial (C-3); Developed multi-family residential (Sterling Village) classified High Density East: Residential (HDR) land use and zoned Multi-family Residential (R-3); 334 of 495 Recreation area (Pence Park) classified Recreational (R) land use and West: zoned Recreation (REC). EXECUTIVE SUMMARY Staff recommends that the requested land use amendment and rezoning be approved for the following reasons: 1. The request is consistent with the goals and objectives of the Comprehensive Plan; 2. The request is consistent with the intent of the Federal Highway Corridor Community Redevelopment Plan; 3. The request complies with Conditions of Approval for the 2009 site plan time extension for the property, making the rezoning of the property from MU-L to MU-L2 a condition for any major modifications to the site plan; 4. The request will not create additional impacts on infrastructure that cannot be accommodated by existing capacities ; and, 5. The proposed use will meet the increasing demand of aging population for assisted living care. BACKGROUND In 2005, the subject property was approved for a mixed-use project (Boynton Beach Lofts), consisting of 48 multi-family dwelling units, 13,354 square feet of ofice space and 5,364 square feet of retail use. The approvals comprised a land use amendment from Local Retail Commercial (LRC) to Mixed Use (MX), a rezoning from C-3 Community Commercial to Mixed Use - Low (MU-L), and a height exception. In 2007, an approval of a minor site plan modification involved the elimination of office space and substantial reduction of retail square footage. The approvals were granted at the peak of the housing market boom; the market started to deteriorate soon thereafter, increasingly undermining the financial feasibility of the project. Since the original approval, the property owner applied for and obtained four (4) site plan time extensions – in 2006, 2007, 2008 and 2009. The 2009 time extension expired on April 19, 2010, but an application for yet another extension to retain the current approvals has been submitted. While applying for a retention of the current approvals, the applicant has turned to another option for the development of the property and is requesting an approval for rezoning to Mixed Use Low 2, accompanied by a new site plan for an assisted living facility. The property is presently zoned Mixed Use-Low; however, this zoning district is being phased out and replaced by three new planned districts, MU-L1, MU-L2 and MU-L3, in order to allow for more flexibility in the implementation of the city’s redevelopment plans. This rezoning request complies with the Conditions of Approval for the 2009 site plan time extension (SPTE 09-006) for the project, as condition #3 states that “an application for major modification of the site plan shall be processed only after, or in conjunction with, the rezoning of the property from MU-L to MU-L2, consistent with the redevelopment vision of the City”. Assisted Living facility falls under the major heading of “Nursing/Convalescent Home” and is a conditional use in the MU-L2 zoning district. The application for a new site plan/conditional use is being processed concurrently. SITE PLAN DESCRIPTION 335 of 495 The site plan proposes a 92,897 square foot, 87 unit/144 bed assisted living facility with approximately 1,000 square feet of ancillary retail space in a six-story building. The building roof height is indicated as 63 feet, with a height of 66 feet – 6 inches at the typical parapet roof line and 72 feet to the top of the elevator/stair tower. The additional height over the 65 foot maximum allowable height is an allowable exception under the Mixed Use regulations. The ground floor contains common areas such as offices, therapy and activity rooms, kitchen and dining room, and the retail space which has access both from within the building and from the sidewalk along Federal Highway. Floors 2 through 6 provide living quarters for the occupants of the facility, consisting of residential units varying in size from 542 to 1,236 square feet. The site has been designed to provide an interior landscaped courtyard with sitting areas and a fountain. An outdoor plaza at the front of the building at the Federal Highway will be accessible to th general public. Parking for the facility is accessed from Southeast 4 Street and is located at the rear (west) side of the building. REVIEW BASED ON CRITERIA The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map or a rezoning. a. Whether the proposed rezoning would be consistent with applicable comprehensive plan policies including but not limited to, a prohibition against any increase in dwelling units exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the City’s risk manager. The planning department shall also recommend limitations or requirements, which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive plan. Generally, the Comprehensive Plan discourages facilities housing persons with special needs from locating within the hurricane evacuation area (the Coastal High Hazard Area). Even though, technically, the subject property is not located within Coastal High Hazard Area (defined as the area below the elevation of the category 1 storm surge line), it is located approximately 50 feet west of the Coastal High Hazard Area boundary. The proposed use creates particular issues in terms of hurricane evacuation, as the residents of the facility would certainly require some type of assistance. The development of the evacuation plan, coordinated with the city’s emergency management staff, will be a condition of approval for the site plan/conditional use approval. The subject request is generally consistent with the intent of objectives and policies of the Comprehensive Plan, including the following: From the Housing Element: Objective 6.10 Adequate measures should be taken by 2013 to address the housing problems of persons with special needs. From the Future Land Use Element: Policy 1.17.1 The City shall continue to attract a mix of high value industrial, commercial and residential development that will strengthen the tax base and generate employment opportunities for residents without affecting the City’s neighborhoods and community character. 336 of 495 Objective 1.8 The City shall discourage the proliferation of urban sprawl and shall facilitate a compact urban development pattern that provides opportunities to more efficiently use and develop infrastructure, land, and other resources and services by concentrating more intensive growth within the City and the City’s utility service area. The site has a Mixed Use (MX) land use classification, consistent with recommendations of the Federal Highway Corridor Redevelopment Plan for Planning Area IV (the proposed use will contain some street-level retail). Although the limited mobility of the proposed facility’s residents would clearly limit their contribution to the building of “the critical mass of population necessary for a successful downtown area”, there would be primary and secondary impacts of job creation on commercial establishments in and near downtown, as well as a potential demand for residential dwellings. b. Whether the proposed rezoning would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. The proposed rezoning would not be contrary to the established land use pattern, create an isolated district or constitute a grant of special privilege to an individual property owner. The 2005 rezoning of the property to MU-L was found in compliance with this criterion. The proposed MU-L2 zoning would replace the current MU-L zoning, a district which is being phased out. c. Whether changed or changing conditions make the proposed rezoning desirable. As discussed in the Background section, the previously approved project is one of the many casualties of the residential market collapse. Even though an application for yet another extension to retain the current approvals has been submitted, it is highly unlikely that the project will be financially feasible in the near future. The proposed use, an assisted living facility, is generally less sensitive to market conditions; moreover, a demand for such facilities will continue to increase consistently with the projected aging of the community. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. The proposed rezoning is compatible with utility systems, roadways, and other public facilities. This conclusion is based on the following analyses: Potable Water and Sewer The City’s water, sewer and wastewater treatment capacity is available to serve the project (see the table below). Water Plants’ installed capacity 29 MGD peak daily flow SFWMD permitted withdrawals 20.9 MGD annual average daily flow Contracted amount to purchase from County 5 MGD peak daily flow Committed or allocated capacity 19.8 MGD annual average daily flow System’s remaining capacity 9.2 MGD annual average daily flow Expiration date of water use permit December 2029 Sewer Plant capacity 24 MGD annual average daily flow Committed or allocated capacity* 18.8 MGD annual average daily flow System’s remaining capacity 5.2 MGD annual average daily flow 337 of 495 * Committed and allocated capacity includes current flows and future flows committed for projects that have been approved but not yet completed Traffic Since no change to the land use classification of the property is requested, no long-range capacity availability study is required. Proposed rezoning to MU-L2, a planned zoning district, is processed concurrently with a master plan/site plan, which is subject to a concurrency review. The traffic impact study for the site plan/conditional use application was submitted and found in compliance with the Palm Beach County Traffic Performance Standards Ordinance by the county’s Traffic Division. Solid waste On January, 2010, the Palm Beach County Solid Waste Authority notified the City that the sufficient disposal capacity will be available at the existing landfill through approximately the year 2024. Drainage Drainage will be reviewed in detail as part of site plan review, and must satisfy all requirements of the city and local drainage permitting authorities. e. Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. In 2005, the subject property was reclassified to Mixed Use land use and rezoned to MU-L zoning district, in compliance with the recommendations of the Federal Highway Corridor Redevelopment Plan for Planning Area IV, based on the extensive analysis of the current conditions and preferable redevelopment scenarios. Pursuant to the Land Development Regulations, the proposed new site plan/conditional use request must be processed as a part of rezoning to a mixed use district. As discussed in the Background section, the proposed rezoning request complies with comment #3 of the Conditions of Approval for the 2009 site plan time extension for the project, stating that “an application for major modification of the site plan shall be processed only after, or in conjunction with, the rezoning of the property from MU-L to MU-L2, consistent with the redevelopment vision of the City”. f. Whether the property is physically and economically developable under the existing zoning. Under the existing zoning, the approved Boynton Beach Lofts project is physically developable, but, in current market conditions, financially unfeasible. No major modifications to the project can be made within the existing Mixed Use Low zoning district, as this district has now been replaced by three new districts, MU-L1, MU-L2 and MU-L3. The proposed MU-L2 district is consistent with recommendations of the Federal Highway Corridor Redevelopment Plan for Planning Area IV. g. Whether the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. The proposed rezoning is of a scale which is reasonably related to the needs of both the neighborhood and the city, both in terms of development density and intensity permitted in the MU-L2 district (as already discussed under items “a”, “e” and “f”), and also in terms of the proposed use, as aging population will generate increasing demand for assisted living services. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts 338 of 495 where such use is already allowed. There are probably adequate sites elsewhere in the City for the proposed use; however, the issue for the applicant is the best use under the current market conditions for the property he owns. It is a “property looking for a use” issue rather than “a use looking for a location” issue. An assisted living facility is considered a conditional use in a MU-L2 district. A site plan/conditional use application is being processed concurrently. RECOMMENDATION Staff has reviewed the proposed rezoning and found it consistent with the Comprehensive Plan objectives and policies. The subject request complies with Conditions of Approval for the 2009 site plan time extension for the property, making the rezoning of the property from MU-L to MU- L2 a condition for any major modifications to the site plan. Therefore, staff recommends that the subject request be approved. S:\Planning\SHARED\WP\PROJECTS\Timeless Life Care (fka Boynton Lofts)\REZN 10-001\REZN 10-001 Staff Report.doc 339 of 495 340 of 495 9. B PUBLIC HEARING May 18, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 18, 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 a variance from the City of Boynton Beach Land EQUESTED CTION BY ITY OMMISSION Development Regulations, Chapter 2, Zoning, Section 11.H.16.a.(8) allowing for a reduction in the number of required parking spaces from 53 to 46, resulting in a variance of 7 spaces for Timeless Life Care (ZNCV 10-005) located at 623 South Federal Highway. Applicant: Eastside Lofts Development, LLC. STAFF RECOMMENDS ITEM BE TABLED TO JUNE 1ST TO COINCIDE WITH 2ND READING OF CORRESPONDING REZONING ITEM. ER: This request is for a variance to reduce the required 53 parking XPLANATION OF EQUEST spaces, to allow the applicant to provide 46 parking spaces, resulting in a variance of 7 parking spaces. Upon further review, staff determined the retail space is actually ancillary to the principal use and not subject to a separate parking ratio standard and as a result, the deficiency (and variance) would be reduced from 7 spaces to 2 spaces. The subject variance (ZNCV 10-005) is contingent upon the approval of the corresponding thst rezoning request (REZN 10-001) which is to be heard on May 18 (First Reading) and June 1 (Second Reading). The proposed use is for an assisted living facility totaling 92,897 square feet. Staff recommends approval of the variance based upon the following: 1. The granting of the variance involved should not confer on the applicant any special privileges denied to others within the City as a whole, as evidenced by the previous approval of similar variance requests. Staff has recommended, and the City Commission approved, several parking variances when the applicant is able to justify that a lesser amount of parking is warranted through the operational characteristics of the business (Boynton Beach Cancer Center), formal and informal parking counts at 341 of 495 existing sites (Pylon Office Building and Boynton Bay), and preservation of landscaping (Sunshine Square and Seacrest Surgical Center). As stated previously, such relief also furthers green initiatives such as the preservation of mature trees. 2. It can be argued that the relief being requested represents the minimum variance that will make possible the reasonable use of the land, building, or structure. The building is proposed to be constructed within the appropriate setback and height limitations, and does not appear to be overbuilding the site, given the space that remains for surface parking, open spaces and a public plaza. Furthermore, based upon staff’s research, the number of beds being proposed appears to be in line with the newer, more upscale, amenity-filled facilities located within the City. For example, the proposed facility is smaller than the average size of the three (3) comparable existing assisted living facilities that were reviewed by staff, which contain between 107 beds and 296 beds. 3. Staff finds the request will be in harmony with the general intent of the code and not injurious to the area involved. This position is based upon the information provided by the applicant and staff’s review of comparable assisted living facilities within the City. only In conclusion, staff recommends that the parking variance be for the two (2) spaces as explained above, and that the request be approved, subject to the conditions of approval and any conditions recommended by the Board and required by the City Commission accordingly. It is recommended that this item be TABLED until June 1, 2010 to coincide with second reading of the corresponding rezoning item (REZN 10-001) to attain a single approval date for both requests. The Planning and Development Board reviewed the request on April 27, 2010 and forwards it with a recommendation for approval. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: Deny the variance request. LTERNATIVES 342 of 495 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 10-028 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: April 5, 2010 PROJECT NAME/NO: Timeless Life Care Reduction in Parking (ZNCV 10-005) REQUEST: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11. H.16.a.(8), requiring 53 parking spaces, to allow the applicant to provide 46 parking spaces, resulting in a variance of 7 parking spaces; and PROJECT DESCRIPTION Property Owner: Eastside Lofts Development, LLC Applicant/Agent: Bradley Miller, Miller Land Planning Consultants, Inc. Location: 623 South Federal Highway (see Exhibit “A” – Location Map) Acreage: 1.21 acres Proposed Use: Assisted Living Facility (92,870 sf) Existing Zoning District: Mixed Use Low (MU-L) Proposed Zoning District: Mixed Use Low 2 (MU-L2) Adjacent Uses: North: Vacant commercial property classified Local Retail Commercial (LRC) land use and zoned Community Commercial (C-3); 343 of 495 South: Developed commercial properties (offices) classified Local Retail Commercial (LRC) land use and zoned Community Commercial (C- 3); East: Right-of-way for Federal Highway, then farther east is developed multi-family residential (Sterling Village) classified High Density Residential (HDR) land use and zoned Multi-family Residential (R- 3); and th West: Right-of-way for Southeast 4 Street, then farther west is an active park (Pence Park) classified Recreational (R) land use and zoned Recreation (REC). BACKGROUND The subject property is currently vacant and extends from Federal Highway to th Southeast 4 Street. Along with the subject variance, the applicant is seeking concurrent approval to rezone the property to Mixed Use Low 2 (MU-L2) under application REZN 10-001, to accommodate a 144 bed assisted living facility (NWSP 10-004/COUS 10- 001). The site was previously approved for a development called Boynton Lofts, which was designed as a six (6) story building with 48 condominium units, 13,354 square feet of office space and 5,364 square feet of retail space. Subsequently, a Minor Site Plan Modification was approved, which retained the proposed 48 dwelling units, eliminated the office space and reduced the retail space to 3,096 square feet. Site plan time extensions were then granted in April of 2006, June of 2007, July of 2008, and April of 2009, as the applicant was unable to secure a permit, due to the economic downturn in the housing market. Mr. Bradley Miller, agent for the applicant, is now proposing a six (6) story, 144 bed, 92,897 square foot assisted living facility on the 1.21 acre parcel located at623 South Federal Highway.As noted above, the applicant is requesting a concurrent zoning code variance, for relief from the parking regulations for an assisted living facility, which requires one (1) parking space for every three (3) beds. The applicant is proposing 144 beds, requiring 48 parking spaces, and approximately 1,000 square feet of retail space as part of the mixed use development requirement, which would demand five (5) additional parking spaces, for a total of 53 parking spaces. The proposed site plan indicates the provision of 46 parking spaces, prompting the filing of a variance application for seven (7) parking spaces. 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 project, as designed, would typically require a total of 53 parking spaces, and the proposed site plan indicates the provision of 46 parking spaces, resulting in a variance request for seven (7) spaces. Although not part of the applicant’s original business plan, 344 of 495 staff has worked diligently to create a mixed use component to this project. As a result, the applicant has created an approximately 1,000 square foot retail space, with frontage on, and access from, the sidewalk along Federal Highway. In addition, the applicant has designed medical office space on the first floor, for use by both the facility and the general public. The applicant indicates in the justification statement, that the retail space is intended for the use by the residents and staff of the facility as a gift shop, coffee shop, hair salon/barber, sundry shop, and these types of ancillary retail spaces are customarily incidental in most adult living facilities and are typically accounted for in the respective parking requirement for the principal use. After closer review, staff finds that the retail/office space should be construed as being accessory to the principal use, and by removing the requirement of the five (5) parking spaces for the retail/office component, the project would only be left with a deficit of two (2) parking spaces. The applicant notes that the parking lot is designed around two (2) mature oak trees, which could be removed, and relocated elsewhere on site with a series of smaller oaks, thereby freeing up room for the two (2) deficient parking spaces. The applicant further states, that in addition to the retail space being customarily incidental to the use and the preservation of the mature oak trees, the following reasons are further justification to support the parking variance: 1) the typical resident of an assisted living facility is in her 80’s, can no longer care for herself without assistance and has typically forfeited her ability to drive, relying upon others for transportation; 2) The assisted living facility will provide transportation of its residents to doctor appointments, shopping and other engagements; 3) the largest shift of employees will not exceed 20 staff members; and 4) newly designed on-street parking is currently th being constructed on Southeast 4 Street. The applicant understands that this parking cannot be counted towards satisfying the parking requirement, but notes it would be available. b. That the special conditions and circumstances do not result from the actions of the applicant. In a traditional review, in the absence of any unique site characteristics relative to adjacent properties, the need for a variance is typically created by some aspect of a given project which is attributable to the actions of the applicant. Therefore, given that project size (i.e. the number of beds) has caused the need for the variance, and the two (2) deficient parking spaces could be provided if the two (2) mature oak trees were removed, the necessity for the parking variance appears to be self created. However, staff supports the retention of the mature oak trees in the proposed parking area, which could otherwise be removed to accommodate the two (2) parking spaces. 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 Timeless Life Care any special privilege. Every property and its intended use is unique and has to be evaluated on a case-by-case basis”. In reviewing this request against this particlar criteria, it should be noted that this site is 345 of 495 the only property zoned MU – L2 in the entire City. Therefore, it is difficult to respond to whether the granting of the variance will confer any special privilege denied to others in the same zoning district. The granting of the variance involved should not confer on the applicant any special privileges denied to others within the City as a whole, given the number of similar variance approvals. Staff has recommended, and the City Commission approved, several parking variances, when the applicant is able to justify that a lesser amount of parking is warranted through either the operational characteristics of the business (Boynton Beach Cancer Center), formal and informal parking counts at existing sites (Pylon Office Building and Boynton Bay), and preservation of landscaping (Sunshine Square and Seacrest Surgical Center). As stated previously, such relief also furthers green initiatives such as the preservation of mature trees and staff attempts to support tree preservation when such action is deemed not to contribute to a parking problem. In one of the examples provided above, Seacrest Surgical Center, the City Commission approved a variance request for three (3) parking spaces associated with the medical office building expansion, and in effect preserved a very large banyan tree in the parking area. 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 desires to retain the two (2) mature oak trees to enhance the site and preserve a part of nature, as opposed to removing the trees for two (2) additional parking spaces. The applicant has provided a number of justifications as to the reasons the absence of these two (2) parking spaces will not have an adverse impact on the business operation or surrounding properties, including staffing levels, resident profile, and the provision of transportation service for the residents. As previously stated, there are no other MU–L2 properties existing for comparison purposes. While it is logical to consider that a reduction of six (6) beds would eliminate the need for a variance and ensure the preservation of existing native trees, the applicant has indicated that the number of beds proposed is the minimum number of beds necessary to make the project economically viable. Alternatively, staff also recognizes the applicant’s ability to provide the two (2) deficient parking spaces through the removal of the oak trees, should the variance be denied. As part of staff’s research, visual inspections were conducted at several of the City’s comparable assisted living facilities, which were approved under the same parking standards this project is subject to (1 parking space per 3 beds), and found that they operated within the allotted parking, without overflowing onto landscape areas or other parcels. e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. There does not exist within City code a definition of “reasonable use”. The applicant believes he has justified the proposed parking counts and retention of the two (2) mature oak trees, based upon the operational characteristics of the assisted living facility, as well the typical resident profile expected to reside at the facility. 346 of 495 The applicant is proposing to construct a 144 bed assisted living facility and believes, based upon location, land price and constructability, that this is the minimum size facility to make the project economically feasible. The building is proposed to be constructed within the appropriate setback and height limitations, and does not appear to be overbuilding the site, based upon open spaces and other amenities. Based upon staff’s review, the number of beds being proposed appears to be in line with the newer, more upscale, amenity-filled facilities located within the City. For example, the proposed facility is smaller than the average size of the three (3) comparable existing assisted living facilities that were studied by staff, which contain between 107 beds and 296 beds. 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 states, “The facility will be operated on a 24/7 basis with an anticipated 20 employees on the largest shift. Employees will have the option and will be encouraged to use public transportation; however, should all 20 employees drive separately, there will still be 26 parking spaces available for the residents and any guests”. The intent of the City’s parking regulations is to ensure adequate facilities are provided on the property creating the need, and that the number of spaces will be sufficient so as not to adversely affect neighboring or public property. Based upon the information provided by the applicant and staff’s review of comparable assisted living facilities within the City, staff finds the request will be in harmony with the general intent of the code and not injurious to the area involved. 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 the acquisition 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 minimum parking requirements, this criteria does not apply. CONCLUSIONS Staff has reviewed the variance application against the intent of the Federal Highway Corridor Redevelopment Plan and standards of the Mixed Use Low 2 zoning district. In analyzing the applicant’s responses to the above criteria, staff is in agreement that these types of ancillary uses are customarily incidential retail operations within an assisted living facility, and are therefore exempt from separate parking space standards. Additionally, staff agrees with and supports the applicant’s efforts to preserve the two (2) mature oak trees within the proposed parking area as a sustainable and green initiative. It is estimated that it would take 15 to 20 years for smaller replacement trees to provide the same reduction in ground-level absorption of solar radiation within the parking lot, as provided by the existing mature trees. As part of staff’s research, visual inspections were conducted at several of the City’s comparable assisted living facilities, which were approved under the same parking standards as this project (1 parking space per 3 beds), and found that they operated within the allotted parking, without overflowing onto landscape areas or adjacent parcels. On average, during several visits, at varying different times of day, the parking lots were 70 – 80% occupied. And unlike these 347 of 495 previously approved assisted living facilities reviewed by staff, this particular property has th access to on-street parking (on Southeast 4 Street), should the need arise for occasional overflow. RECOMMENDATION Nearly all variances would likely be denied if based solely on all criteria (hardship) as stated in the Land Development Regulations, Chapter 1.5, Section 4.1. However, staff notes that past variances have been approved based on satisfying a portion of the above-referenced criteria, and / or with emphasis on potential impacts, precedence, and the furthering of City objectives. Staff recommends approval of the variance based upon the following: 4. The granting of the variance involved should not confer on the applicant any special privileges denied to others within the City as a whole, as evidenced by the previous approval of similar variance requests. Staff has recommended, and the City Commission approved, several parking variances when the applicant is able to justify that a lesser amount of parking is warranted through the operational characteristics of the business (Boynton Beach Cancer Center), formal and informal parking counts at existing sites (Pylon Office Building and Boynton Bay), and preservation of landscaping (Sunshine Square and Seacrest Surgical Center). As stated previously, such relief also furthers green initiatives such as the preservation of mature trees and staff attempts to support tree preservation when such action is deemed not to create parking problems due to a lack of code required spaces. 5. It can be argued that the relief being requested represents the minimum variance that will make possible the reasonable use of the land, building, or structure. The building is proposed to be constructed within the appropriate setback and height limitations, and does not appear to be overbuilding the site, given the space that remains for surface parking, open spaces and a public plaza. Furthermore, based upon staff’s research, the number of beds being proposed appears to be in line with the newer, more upscale, amenity-filled facilities located within the City. For example, the proposed facility is smaller than the average size of the three (3) comparable existing assisted living facilities that were reviewed by staff, which contain between 107 beds and 296 beds. The request to eliminate two (2) parking spaces appears to be the minimum necessary to retain mature trees on site. Lastly, the applicant has provided a number of logical and acceptable reasons why the loss of these parking spaces will not have an adverse impact on the business operation or surrounding properties, including staffing levels, resident profile, and the provision of transportation service for the residents. With that said, staff is recommending a condition of approval that any changes in the manner of operation of the facility which were part of the justification for granting the variance, i.e. regular transportation service provided by the facility, changes in the type of resident served, increased staffing, etc., will require the subject parking spaces to be provided by the owner. 6. Staff finds the request will be in harmony with the general intent of the code and not injurious to the area involved. This position is based upon the information provided by the applicant and staff’s review of comparable assisted living facilities within the City. 348 of 495 In conclusion, staff recommends that the parking variance only be for the two (2) spaces, as explained above, and that the request be approved, 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\Timeless Life Care \ZNCV 10-005.doc 349 of 495 350 of 495 351 of 495 352 of 495 353 of 495 354 of 495 355 of 495 EXHIBIT "D" Conditions of Approval Project name: Timeless Life Care File number: ZNCV 10-005 nd Reference: 2 review plans identified as a Conditional Use / New Site Plan with an April 1, 2010 Planning & Zoning date stamp marking. 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. Approval of this project is contingent upon the approval of the X accompanying requests for rezoning and conditional use/new site plan approval.. 2. Any changes in the manner of operation of the facility which were part of X the justification for granting the variance, i.e. regular transportation service provided by the facility, changes in the type of resident served, increased staffing, etc., will require the subject parking spaces to be provided by the 356 of 495 DEPARTMENTS INCLUDE REJECT owner. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Timeless Life Care (fka Boynton Lofts)\ZNCV 10-005 Parking Spaces\COA.doc 357 of 495 S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc 358 of 495 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Timeless Life Care APPLICANT’S AGENT: Bradley Miller – Miller Land Planning Consultants, Inc. APPLICANT’S ADDRESS: 1501 Corporate Drive, Suite 240, Boynton Beach, FL 33426 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 1, 2010 TYPE OF RELIEF SOUGHT: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11. H.16.a. (8), requiring 53 parking spaces, to allow the applicant to provide 46 parking spaces, resulting in a variance of 7 parking spaces. LOCATION OF PROPERTY: 623 S. Federal Highway DRAWING(S): SEE EXHIBIT “B” ATTACHED HERETO. ____X____ 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 “D” 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 ____________________________________________________________ 359 of 495 DATED:__________________________ ______________________________________ City Clerk S:\Planning\SHARED\WP\PROJECTS\Timeless Life Care (fka Boynton Lofts)\ZNCV 10-005 Parking Spaces\DO.doc 360 of 495 9. C PUBLIC HEARING May 18, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 18, 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 Timeless Life Care (COUS 10-001) and (NWSP EQUESTED CTION BY ITY OMMISSION 10-004) Conditional Use and New Site Plan, for an assisted living facility providing 144 beds within 87 units and ancillary retail, located at 623 South Federal Highway (west side of Federal Highway between thth SE 5 Avenue and SE 6 Avenue). Applicant: Eastside Lofts Development, LLC. STAFF RECOMMENDS ITEM BE TABLED TO JUNE 1ST TO COINCIDE WITH 2ND READING OF CORRESPONDING REZONING ITEM. ER: Request approval for an assisted living facility providing 144 beds XPLANATION OF EQUEST within 87 units and ancillary retail space on a 1.21 acre parcel to be rezoned from Mixed ± Use-Low Intensity (MU-L) to Mixed Use-Low Intensity 2 (MU-L2). This proposal is for a six (6) story facility, 92,897 square feet and a concurrent zoning code variance for partial relief from required parking. Based on the information contained herein, compliance with development regulations and conditional use standards, staff recommends APPROVAL of this request for conditional use and new site plan, subject to satisfying all conditions of approval recommended by staff and the approval of the rezoning and zoning code variance. Furthermore, pursuant to Chapter 2 – Zoning, Section 11.2 “Conditional Uses”, a time limit is to be set within which the proposed project is to be developed. Staff recommends that a period of 18 months be established for the project to be a minimum of 25% complete. It is further recommended that this item be TABLED until June 1, 2010 to coincide with second reading of the corresponding rezoning item (REZN 10-001) to attain a single approval date for both requests. The Planning and Development Board reviewed this request on April 27, 2010 and forwards it with a recommendation for approval. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES 361 of 495 FI: N/A ISCAL MPACT A: Deny request for conditional use and new site plan. LTERNATIVES 362 of 495 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 10-030 STAFF REPORT TO: Chair and Members Planning and Development Board THRU:Michael Rumpf Planning and Zoning Director FROM:Ed Breese Principal Planner DATE:April 12, 2010 PROJECT NAME/NO: Timeless Life Care / NWSP 10-004, COUS 10-001 REQUESTS: New Site Plan and Conditional Use PROJECT DESCRIPTION Property Owner: Eastside Lofts Development, LLC Applicant/Agent Bradley Miller, Miller Land Planning Consultants, Inc. Location: 623 South Federal Highway (see Exhibit “A” – Location Map) Existing Land Use/Zoning: Mixed Use (MX) / Mixed Use Low (MU-L) Proposed Land Use/Zoning: Mixed Use (MX) / Mixed Use Low 2 (MU-L2) Proposed Uses: Assisted Living Facility (92,897 sf) Acreage: 1.21 acres Adjacent Uses: North: Vacant commercial property classified Local Retail Commercial (LRC) land use and zoned Community Commercial (C-3); South: Developed commercial properties (offices) classified Local Retail Commercial (LRC) land use and zoned Community Commercial (C-3); East: Right-of-way for Federal Highway, then farther east is developed multi- family residential (Sterling Village) classified High Density Residential (HDR) land use and zoned Multi-family Residential (R-3); and th West: Right-of-way for Southeast 4 Street, then farther west is an active park (Pence Park) classified Recreational (R) land use and zoned Recreation (REC). 363 of 495 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 The subject property is currently vacant and extends from Federal Highway through to th Southeast 4 Street. The applicant is seeking concurrent approval to rezone the property to Mixed Use Low 2 (MU-L2) under application REZN 10-001, approval of a 144 bed assisted living facility (NWSP 10-004/COUS 10-001), and approval of a variance to the minimum required parking (ZNCV 10- 005). The site was previously approved for a development called Boynton Lofts, which was designed as a six (6) story building, with 48 condominium units, 13,354 square feet of office space and 5,364 square feet of retail space. Subsequently, a Minor Site Plan Modification was approved, which retained the proposed 48 dwelling units, eliminated the office space and reduced the retail space to 3,096 square feet. Site plan time extensions were then granted in April of 2006, June of 2007, July of 2008, and April of 2009, as the applicant was unable to secure a permit, due to the economic downturn in the housing market. PROPOSAL Mr. Bradley Miller, agent for the owner, is now proposing a six (6) story, 144 bed, 92,897 square foot 623 South Federal Highway. assisted living facility on the 1.21 acre parcel located atAs noted above, the applicant is requesting a concurrent zoning code variance for relief from the parking regulations for an assisted living facility, which requires one (1) parking space for every three (3) beds. The applicant is proposing 144 beds, requiring 48 parking spaces. The applicant is also proposing approximately 1,000 square feet of retail space as part of the mixed use development requirements, which would demand five (5) additional parking spaces, for a total of 53 parking spaces. The proposed site plan indicates the provision of 46 parking spaces, resulting in a variance of seven (7) parking spaces. STANDARDS FOR EVALUATING CONDITIONAL USES AND ANALYSIS Section 11.2.D of the Land Development Regulations contains the following standards to which conditional uses are required to conform. Following each of these standards is the Planning and Zoning Division’s evaluation of the application as it pertains to each of the standards. In addition, the applicant has submitted a separate detailed justification statement that addresses each of these standards (see Exhibit “C” – Justification Statement). The Planning & Development Board and City Commission shall consider only such conditional uses as are authorized under the terms of these zoning regulations and, in connection therewith, may grant conditional uses absolutely or conditioned upon adherence to conditions of approval including, but not limited to, the dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the protection of the surrounding area and the citizens’ general welfare, 364 of 495 or deny conditional uses when not in harmony with the intent and purpose of this section. In evaluating an application for conditional use approval, the Board and Commission shall consider the effect of the proposed use on the general health, safety and welfare of the community and make written findings certifying that satisfactory provisions have been made concerning the following standards, where applicable: 1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. As noted previously, the subject property extends from North Federal Highway, through to thth Southeast 4 Street. The project proposes only one (1) point of ingress/egress from Southeast 4 Street. This proposed driveway connection is 24 feet in width, and is placed on the secondary street front in order to comply with the Federal Highway Redevelopment Plan guidelines and to minimize the impact of vehicular turning movements on Federal Highway traffic flow. The driveway accesses the 46 on-site parking spaces and a covered drop-off along the west building façade and main entry. The proposed on-site traffic flow allows for ease of movement for visitors as well as emergency personnel and waste removal vehicles. The site design also provides th continuous pedestrian access from the Southeast 4 Street sidewalk, to the covered entry, through a pair of walkways along the center of the site, in a landscaped area between parking bays. Pedestrian access to the Federal Highway building entrance is provided directly from the public sidewalk, through either a handicap ramp or through stair steps up to a small public plaza. The applicant has submitted a traffic analysis, which has been reviewed and approved by the Traffic Division of Palm Beach County to ensure compliance with the Traffic Performance Standards of Palm Beach County. The analysis indicates an anticipation of 21 AM peak hour trips and 44 PM peak hour trips. 2. Off-street parking and loading areas where required, with particular attention to the items in standard #1 above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole. Although not part of the applicant’s original business plan, staff has worked diligently in an attempt to create a mixed use component to this project. As a result, the applicant has created an approximately 1,000 square foot retail space, with frontage on, and access from, the sidewalk along Federal Highway. In addition, the applicant has designed medical office space on the first 365 of 495 floor, for the use of the facility, as well as the general public. The applicant indicates in the variance justification statement as part of the concurrent parking variance request (ZNCV 10-005), that the retail space is intended for the use of the residents and staff of the facility, through internal access to the rest of the facility. It is anticipated the space will be utilized as a gift shop, coffee shop, hair salon/barber or sundry shop, and the applicant notes that these types of ancillary retail spaces are customarily incidental to most adult living facilities and are typically accounted for in the parking requirement of the entire operation, rather than singled out. Subsequent to filing the corresponding variance application, and after closer review, staff finds that the retail/office space should be construed to be accessory to the principal use. With such interpretation of the ancillary space, the parking required for the small retail component (5 spaces) is eliminated. As a result, the project proposes a total of 144 beds, and based on the requirement of one (1) parking space per three (3) beds, 48 parking spaces would be required. The site plan indicates a total of 46 parking spaces are to be provided (a deficiency of 2 spaces). The applicant notes that the engineer has designed the parking lot around two (2) mature oak trees, which could be removed, mitigated elsewhere on site with a series of smaller oaks, freeing up space for the two (2) deficient parking spaces. Staff concurs with the applicant’s course of action to retain these mature tree specimens. The applicant further states, that in addition to the preservation of the mature oak trees, the following reasons are further justification for the reduced parking count: 1) the typical resident of an assisted living facility is in her 80’s, can no longer care for herself without assistance and has typically forfeited her ability to drive, relying upon others for transportation; 2) the assisted living facility will provide transportation of its residents to doctor appointments, shopping and other engagements; 3) the largest shift of employees will not exceed 20 staff members; and 4) there is newly designed on-street parking currently being constructed on th Southeast 4 Street, should the need arise for the occasional overflow. The applicant understands that this parking cannot be counted towards satisfying the parking requirement, but notes it would be available. 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. No glare is expected from the proposed development. Freestanding light poles throughout the parking areas are proposed to be 15 feet in height, to ensure no light spillage or glare. 3. Refuse and service areas, with particular reference to the items in standards 1 and 2 above. The dumpster is proposed to be stored within the building façade, in a trash room, behind double doors, to better conceal the waste operation, eliminate potential odors and better align the dumpster for ease of the waste removal division. The waste truck will enter the site from th Southeast 4 Street and pull forward in a straight-in alignment for pick up, then continue around 366 of 495 the loop and exit. 4. Utilities, with reference to locations, availability, and compatibility. Due to the property’s location on South Federal Highway, utilities are already available. 5. Screening, buffering and landscaping with reference to type, dimensions, and character. The building is proposed to be situated as close as three (3) feet from the property line abutting Federal Highway, with various stepbacks along the front facade, including a twenty-one (21) foot deep public plaza at the retail entrance. This urban edge provides limited areas for landscaping along this façade. However, the site plan depicts the provision of four (4) Royal Palm trees, four (4) Bougainvillea Standard trees, and a small variety of shrubs and grouncovers. Again, due to the steps leading up to the building entrances and the handicap ramp, the landscape plan along the Fedral Highway frontage is designed more with an urban feel than the other three (3) facades. The remaining three (3) property boundaries include more standard landscape buffers, consisting of both canopy and palm trees as well as hedges and ground cover. The north and south building facades average approximately 65 feet in height. The landscape plan depicts the use of 35 foot tall Washingtonia Palms to help soften the mass of the building, as well as Sabal Palm trees staggered in height from 12 feet to 22 feet and a series of shrubs and groundcovers. The buffer around the parking lot on the west side of the building ranges between 6.5 feet and 7 feet in width and consists of existing Oak trees and proposed 14 foot tall Live Oak trees and Cocplum hedge. Additional landscape materials utilized in the buffer include Indian Hawthorne, Firebush, Liriope, Lantana, White Stopper and Fakahatchee Grass. In response to staff’s request to eliminate sod in and around the parking lot, the applicant has substituted Perennial Peanut, which grows to a height of approximately 18 inches. The large planting bed dividing the rows of th parking and containing the pedestrian walkway from Southeast 4 Street is planted with Royal Palm trees and Ixora shrubs. The site plan tabular data indicates 28% of the subject site would be pervious landscaped area. The landscape data on sheets L -1 indicates that the project would have a total of 31 canopy trees of which 24, or 77% are native species; 50 palm trees of which 33, or 66% are native species; and 50% of the shrubs and groundcover plants are native species. 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. th A monument sign is proposed on the north side of the entrance drive from Southeast 4 Street. The sign is proposed at 4 feet in height and will mirror the architecture and colors proposed for the building. In addition, wall signage is proposed on the front (Federal Highway) side of the building, over the doors of the retail space. The site lighting will be accomplished through the use of 15 foot tall light poles. Both the pole and fixture will be white in color and the fixture will be recessed and shielded on all sides to direct light down and away from adjacent properties and rights-of-way to prevent glare and illumination spillage onto adjacent properties. The applicant also proposes to uplight two large oak trees on the site to accent the landscaping and site and provide a soft effect in the parking lot. Additionally, the applicant will provide bollard lighting to illuminate the resident courtyard area and associated pathways. The applicant has not determined at this time, the location or the type of artwork intended to satisfy the art in public places requirement. 367 of 495 7. Required setbacks and other open spaces. According to the site plan (Sheet SP-1), the building footprint will be 16,847 square feet which is 32.1% of the total site area. The pervious or green area totals 28% of the site, with a large centralized courtyard, wrapped by the building on the east, west and south sides. The courtyard will have a paver brick pathway through a landscaped area which includes a small pond. The site plan indicates the building is proposed to be placed within three (3) feet of South Federal Highway at the closest point, with the majority of the Federal Highway façade within 10 feet of the east property line, in compliance with the Mixed Use – Low 2 (MU-L2) requirements. Additionally, the applicant has provided a public plaza approximately 20 feet deep off of Federal Highway, by 30 feet in length, again in compliance with MU-L2 regulations. The site plan indicates the provision of a 10.3 foot setback from the south property line and 18.1 foot setback from the north property line, again in compliance with code requirements. The building is positioned forward on the site, along Federal Highway, to provide the urban edge contemplated in the Mixed Use th districts. However, the rear setback from the property line adjacent to Southeast 4 Street is approximately 133 feet, to accommodate the parking area. th The Federal Highway Corridor Redevelopment Plan contemplates Southeast 4 Street as having a greater pedestrian and commercial presence in the future. As part of that concept, it is th envisioned that buildings fronting on Southeast 4 Street would be positioned close to the street to promote the urban edge and pedestrian-friendly corridor. This site extends from Federal th Highway west, through to Southeast 4 Street. The requirement for parking to be placed behind the front building line and the discouragement of curb cut entrance to sites on Federal Highway in the redevelopment plan, increases the difficulty in locating the parking, providing needed access and turning movement for service providers (waste removal and fire rescue). The only th opportunity to bring the building further back on the site, abutting Southeast 4 Street, is to elongate the proposed building and placing the parking field in the area designed as the secluded courtyard, which would make service delivery movements more difficult, decrease the secluded nature of the courtyard amenity, change the view of the interior units from a courtyard to a parking lot and create longer hallways within the structure, placing residents further from the common areas and nursing stations on each floor. As a result, staff proposes to amend the MU- 368 of 495 L2 district standards to allow flexibility for those projects with dual frontage and to include appropriate design standards, which in part, would address service access, building design and public access. Staff proposes to bring forward a code amendment to appropriately address these types of issues in the future. 8. General compatibility with adjacent properties, and other property in the zoning district. This will be the first project in this vicinity of South Federal Highway to be developed under the MU-L2 regulations, as the previous project designed for this site (Boynton Lofts) would have been the first under the MU-L regulations. The project is designed following all of the guidelines for development in this section of Federal Highway, it will just be the first project proposed to be constructed. The property to the north is vacant. The properties to the south contain small, one- story commercial buildings. As noted previously, the proposed building will meet the required setbacks and open space requirements, and will also comply with the Sky Exposure Plane regulations, which are new since the approval of the previous Boynton Lofts project. The Sky Exposure Plane (SEP) requires stepbacks in the building or greater setbacks from property lines for taller structures, to ensure that buildings do not tower over other buildings, cast overly large shadows, and to eliminate sheer walls lacking architectural interest. The SEP regulations require all buildings to be constructed with a ratio of six (6) vertical feet to one (1) horizontal foot. The applicant has designed the building in compliance with these regulations and to create visual interest. The building elevations on sheets AB2.1 and AB2.2 include architectural features such as windows with awnings, two (2) different styles of decorative window awnings, two (2) different styles of balconies and balconettes, decorative accent tiles and cornices, storefront glass and doors with awnings along the Federal Highway façade and a covered drop off area on the west façade. The applicant has chosen a palette of soft earth tone colors, including three body colors to accent or highlight building features and assist in reduction of perceived mass of the building. These three colors include a beige color “Concord Bluff”, a tan color “Stonebriar” and a soft green color “Lemongrass”. The low band of color around the base of the building will be painted a reddish brown “Spiced Cider” and the trim/accent color will be a cream color “Creamy”. The 369 of 495 fabric awnings will be soft blue grey in color. 9. Height of building and structures, with reference to compatibility and harmony with adjacent and nearby properties, and the city as a whole. The height of the proposed six-story building is depicted at 63 feet to the roof deck, with a height of 66 feet – 6 inches at the typical parapet roof line and 72 feet to the top of the elevator/stair tower. The additional height over the 65 foot maximum allowable height is an allowable exception under the Mixed Use regulations. As discussed above, the building complies with the Sky Exposure Plane (SEP) requirements and includes stepbacks at varying points to eliminate the appearance of sheer walls. Relative to the harmony and compatibility with surrounding properties and the City as a whole, the project is being designed in accordance with the guidelines for development along this portion of Federal Highway. Though it may seem out of scale with the small commercial buildings immediately to the south, the redevelopment plan envisions buildings with the height and mass as proposed by the subject project. 10. Economic effects on adjacent and nearby properties, and the city as a whole. The development of this project should not have any adverse effect on property values within the area. The proposed development may be the first step in revitalizing this stretch of Fedral Highway. Although the limited mobility of the proposed facility’s residents would clearly limit their contribution to the critical mass of population found in many successful downtown areas, there should be primary and secondary impacts associated with job creation for commercial establishments in and near downtown, as well as a potential demand for residential dwellings. 11. Conformance to the standards and requirements, which apply to site plans, as set forth in Part III, Chapter 4. Site Plan Review, of the City’s Land Development Regulations. With incorporation of staff comments noted within Exhibit “D” – Conditions of Approval, the proposed project would comply with the requirements of applicable sections of city code and Land Development Regulations. 12. Compliance with, and abatement of nuisances and hazards in accordance with, the performance standards of Chapter 2, Section 4.N. of the City’s Land Development Regulations and conformance to the City of Boynton Beach Noise Control Ordinance. The project would not create smoke, odors, fumes, or toxic matter that would negatively impact the neighboring properties. With incorporation of all conditions and staff recommendations contained herein, the proposed building and use would exist in a manner that is in compliance with the above-referenced codes and ordinances of the City of Boynton Beach. RECOMMENDATION 370 of 495 Based on the information contained herein, compliance with development regulations and conditional use standards, staff recommends APPROVAL of this request for conditional use and new site plan, subject to satisfying all conditions of approval recommended by staff as contained in Exhibit “D” – Conditions of Approval. Any additional conditions of approval recommended by the Board and required by the City Commission will be placed in Exhibit “D” accordingly. Furthermore, pursuant to Chapter 2 – Zoning, Section 11.2 Conditional Uses, a time limit is to be set within which the proposed project is to be developed. Staff recommends that a period of 18 months be allowed to initiate this project. S:\Planning\SHARED\WP\PROJECTS\Timeless Life Care\ COUS 10-001 NWSP 10-004\Staff Report.doc 371 of 495 372 of 495 373 of 495 374 of 495 375 of 495 376 of 495 377 of 495 378 of 495 379 of 495 380 of 495 381 of 495 382 of 495 383 of 495 384 of 495 385 of 495 EXHIBIT "D" Conditions of Approval Project name: Timeless Life Care File number: COUS 10-001/NWSP 10-004 nd Reference: 2 review plans identified as a Conditional Use/ New Site Plan with an April 1, 2010 Planning and Zoning date stamp marking. DEPARTMENTS INCLUDE REJECT FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: X 1. At time of permit, provide FDOT approval for outfall to US-1. BUILDING DIVISION Comments: X 2. Please note that changes or revisions to these plans may generate additional 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. X 3. Buildings, structures and parts thereof shall be designed to withstand the minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of ASCE 7, Chapter 6, and the provisions of 2007 FBC, Section 1609 (Wind Loads). Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. X 4. At time of permit review, submit signed and sealed working drawings of the proposed construction. X 5. This project falls under the guidelines of the Florida and Federal Fair Housing Acts. The dwelling units shall comply with the following requirements: A) An accessible building entrance on an accessible route shall be provided. B) Public and common use areas shall be readily accessible to and usable by people with disabilities. C) An accessible route into and through the covered dwelling unit shall be provided. X 6. At the time of permit review, submit details of reinforcement of 386 of 495 DEPARTMENTS INCLUDE REJECT walls for the future installation of grab bars as required by the FFHA, Title 24 CFR, Part 100.205, Section 3, Requirement #6. All bathrooms within the covered dwelling unit shall comply. X 7. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may not, therefore, be used for landscape irrigation where other sources are readily available. X 8. A water-use permit from SFWMD is required for an irrigation system that 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. X 9. If capital facility fees (water and sewer) are paid in advance to the City of Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: A) The full name of the project as it appears on the Development Order and the Commission-approved site plan. B)The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34) X 10. At time of permit review, submit separate surveys of each lot, parcel, or tract. X 11. Pursuant to approval by the City Commission and all other outside agencies, the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. X 12. This structure meets the definition of a threshold building per F.S. 553.71(7) and shall comply with the requirements of F.S. 553.79 and the CBBA to the 2004 FBC, Sections 109.3.6.1 through 109.3.6.6. The following information must be submitted at the time of permit application: A) The structural inspection plan must be submitted to the enforcing agency prior to the issuance of a building permit for the construction of a threshold building. B)All shoring and re-shoring procedures, plans and details shall be submitted. C)All plans for the building that are required to be signed and sealed by the architect or engineers of record shall contain a statement that, to the best of the architect’s or engineer’s knowledge, the plans and specifications comply with the applicable fire safety standards as determined by the local authority in accordance with this section and F.S. Section 633. X 13. If this project is located within the Downtown Stormwater Improvement Watershed, appropriate fees must be paid to the City of Boynton Beach Utilities Department prior to the issuance of a building permit per the CBBCO, Chapter 26, Section 26-406. Proof of payment shall be submitted to the Building Division at the time of permit application submittal. X 14. The hardscaped area (gazebo, fountain, etc.) shall be fully accessible for persons with disabilities to maneuver within the area. 387 of 495 DEPARTMENTS INCLUDE REJECT X 15. Each laundry room must be accessible per the Fair Housing Act. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: X 16. Approval of this project is contingent upon the approval of the accompanying requests for rezoning and variance approval. X 17. The applicant is responsible for compliance with Ordinance 05-060, the “Art in Public Places” program and must demonstrate their participation. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Timeless Life Care (fka Boynton Lofts)\COUS 10-001 NWSP 10-004\COA.doc 388 of 495 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Timeless Life Care APPLICANT’S AGENT: Bradley Miller - Miller Land Planning Consultants, Inc. APPLICANT’S ADDRESS: 1501 Corporate Drive, Suite 240, Boynton Beach, FL 33426 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 1, 2010 TYPE OF RELIEF SOUGHT: Request Conditional Use / New Site Plan approval for a six-story, 144 bed, 92,897 square foot assisted living facility on a 1.21 acre parcel, zoned MU-L2. LOCATION OF PROPERTY: 623 S. Federal Highway Boynton Beach, FL DRAWING(S): SEE EXHIBIT “B” ATTACHED HERETO. ____X____ 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 “D” 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 ____________________________________________________________ 389 of 495 DATED:__________________________ ______________________________________ City Clerk S:\Planning\SHARED\WP\PROJECTS\Timeless Life Care (fka Boynton Lofts)\COUS 10-001 NWSP 10-004\DO.doc 390 of 495 9. D PUBLIC HEARING May 18, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 18, 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. 10-012 - FIRST EQUESTED CTION BY ITY OMMISSION READING - Amend the Land Development Regulations (LDR) to allow Indoor Athletic Instruction/Training, (CDRV 10-003), including Gymnastics, Dance/Jazzercise/Pilates Instructions, Cheerleading Instruction, Karate Instruction, Indoor Batting/Golf Facilities, as a Conditional Use in the (M-1) Industrial District and as a permitted use in the Planned Industrial Development (PID) zoning districts. Applicant: City-initiated. ER: Currently gymnastics, dance instruction, cheerleading and other XPLANATION OF EQUEST athletic instruction type uses are treated differently by the City’s industrial zoning districts, including the different Planned Industrial Development districts. To clean up the result of the incremental code amendments processed over the past several years, staff proposes to create a blended use category containing many of these uses with similar characteristics under one heading within the M-1 (Industrial) district and the three (3) PID (Planned Industrial Development) districts to increase the consistency and user-friendliness of the code. Staff has undertaken a comprehensive look at these similar types of uses, which rely upon higher ceilings and larger spaces commonly found in industrial areas, and believes the appropriate action would be to create the use group “Indoor Athletic Instruction/Training”, and include gymnastics, dance/jazzercise/pilates instruction, cheerleading instruction, karate instruction, indoor batting/golf facilities, and other similar uses having the same characteristics and special needs, and allow them all under one use heading in the M-1 zoning district and within all three (3) PID zoning districts. Staff recommends this use group be allowed as a conditional use in the M-1 (Industrial) zoning district to allow for a case-by-case review of such requests to ensure compatibility with 391 of 495 surrounding uses and safety of the public. Staff also recommends these uses be allowed by right in each of the PID districts. Compared to most M-1 zoned properties, the PIDs typically have conforming buildings, site and infrastructure; contain less intense industrial businesses; and have better traffic and circulation patterns. In both scenarios, staff will still be required to determine if adequate parking exists for these non-industrial type businesses, since they require greater parking than typical industrial uses. The Planning and Development Board reviewed the request on April 27, 2010 and forwards it with a recommendation for approval. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: Deny the request to amend the Land Use Regulations (LDR). LTERNATIVES 392 of 495 ORDINANCE NO. 10- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS, CHAPTER 2 “ZONING”, SECTION 8A “M-1 INDUSTRIAL DISTRICT” TO ALLOW INDOOR ATHLETIC INSTRUCTION/TRAINING AS A CONDITIONAL USE IN THE M-1 INDUSTRIAL DISTRICT AND AS A PERMITTED USE IN THE PLANNED INDUSTRIAL DEVELOPMENT (PID) ZONING DISTRICTS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS , currently gymnastics, dance instruction, cheerleading and other athletic instruction type uses are treated differently by the City’s industrial zoning districts, including the different Planned Industrial Development districts; and WHEREAS , staff is proposing to create a blended use category containing many of these uses with similar characteristics under one heading within the M-1 (Industrial) district and the three (3) Planned Industrial Development (PID) districts to increase the consistency and user-friendliness of the code; and WHEREAS, the City Commission has considered the recommendations and has determined and finds that the creation of a blended use category which contains such uses with similar characteristics under one heading within the M-1 (Industrial) district and the three (3) Planned Industrial Development (PID) districts will benefit the M-1 zoning district and PID districts and will not adversely impact adjacent communities. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. 393 of 495 Section 2. Chapter 2. “Zoning”, Section 8A, M-1 Industrial District, sub-section (1d) of the Land Development Regulations of the City of Boynton Beach Code of Ordinances is hereby amended as follows: A. M-1 INDUSTRIAL DISTRICT. 1. Permitted uses, no distance requirement. Within any M-1 industrial district, no building, structure, land or water, or any part thereof shall be erected, altered or used, in whole or in part, for other than one or more of the following specified uses; provided, however, that any use or process that would be subject to a minimum distance requirement under Section 8.A.2., would require conditional use approval under Section 8.A.4., or would be prohibited under Section 8.A.5. shall fully comply with the provisions of those sections, where applicable. No distance requirement other than district setback regulations shall apply for the following uses: … d. Transportation, communication, utilities, and miscellaneous uses as follows: (1) Utilities, communications facilities, government, and public utilities shops and storage areas, police and fire stations, excluding uses specifically prohibited in Section 8.A.5. (2) Package express and messenger service. (3) Railroad switching yards, freight stations and terminals, storage facilities, and shops. (4) Recycling pick-up facilities for paper, glass, and cans from households. (5) Trade and industrial schools. (6) Radio or microwave receivers or transmitting towers, as an accessory use to a lawful principal use. (7) Ambulance dispatch service. (8) Community centers, operated by non-profit organizations, provided that no more than 40% of the floor space is devoted to office use. (9) Gymnastic centers. 394 of 495 Section 3. Chapter 2. “Zoning”, Section 8A, M-1 Industrial District, sub-section 4f of the Land Development Regulations of the City of Boynton Beach Code of Ordinances is hereby amended as follows: A. M-1 INDUSTRIAL DISTRICT. … 4. Conditional uses. Within any M-1 industrial district, no building, structure, land or water, or any part thereof shall be erected, altered, or used, in whole or part, for one or more of the following uses, unless a conditional use approval is secured according to the standards and procedures set forth in Section 11.2 of these zoning regulations; provided, however, that any use or process that would be subject to a minimum distance requirement under Section 8.A.2. or would be prohibited under Section 8.A.5., shall fully comply with the provisions of those sections, where applicable. a. Millwork and truss plants, provided that such uses conform to the minimum distance requirement specified in Section 8.A.2. b. Commercial television, radio and microwave broadcasting or relay towers. c. Arenas, stadiums, frontons, convention and exhibition halls, and racetracks, provided that all such uses shall have a minimum frontage of two hundred (200) feet on a collector or arterial road, and shall have the major access thereto. d. Helistops, limited to an accessory use to a lawful principal use. e. Cutting of sub-primal portions of meat and pre-cut poultry into serving portions including packaging and shipping where pre-cut portions (entering the facility) will not exceed 10 pounds and waste generated will not exceed 1% of pre-cut product. f. Dance instruction. “Indoor Athletic Instruction/Training, including the following uses: Gymnastic Centers; Dance/Jazzercise/Pilates Instruction; Cheerleading Instruction; Karate Instruction; Indoor Batting/Golf Instruction; and other similar type uses having the same characteristics and special needs, as confirmed by staff”. g. Medical or scientific research which involves the use, treatment, storage or processing of human or animal bodies or body parts. h. Carwashes. Section 4. The three (3) individual use lists for the Planned Industrial Development districts contained in the Planning and Zoning Office shall be amended so that each contains the following 395 of 495 language: “Indoor Athletic Instruction/Training, including the following uses: Gymnastics; Dance/Jazzercise/Pilates Instruction; Cheerleading Instruction; Karate Instruction; Indoor Batting/Golf Instruction; and other similar type uses having the same operational characteristics and spatial needs, as confirmed by staff”. Section 5. Each and every other provision of the Land Development Regulations not herein specifically amended, shall remain in full force and effect as originally adopted. Section 6. All laws and ordinances applying to the City of Boynton Beach in conflict with any provisions of this ordinance are hereby repealed. Section 7. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 8. Authority is hereby given to codify this Ordinance. Section 9. This Ordinance shall become effective immediately. 396 of 495 FIRST READING this ___ day of ___________, 2010. SECOND, FINAL READING AND PASSAGE this _____ day of ________, 2010. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove ______________________________ Commissioner – Woodrow L. Hay _______________________________ Commissioner – Steven Holzman ATTEST: ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 397 of 495 DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 10-024 TO: Mayor and City Commission FROM: Ed Breese Principal Planner THROUGH: Michael Rumpf Planning and Zoning Director DATE: April 12, 2010 RE: Indoor Athletic Instruction/Training (CDRV 10-003) Interim amendments to Land Development Regulations NATURE OF REQUEST Staff is considering interim amendments to the Land Development Regulations (LDR) to appropriately group and increase consistency in regulating the above-described uses. Currently gymnastics, dance instruction, cheerleading and other athletic instruction type uses are treated differently by the City’s industrial zoning districts, including the three (3) different Planned Industrial Development districts. To clean up the result of the incremental code amendments processed over the past several years, staff proposes to create a blended use category containing many of these uses with similar characteristics under one heading and amend the M-1 (Industrial) district regulations and the three (3) PID (Planned Industrial Development) districts to increase consistency and the user-friendliness of the code. BACKGROUND There are the following three (3) Planned Industrial Development districts in the City: Quantum Park PID; Boynton Commerce Center PID; and High Ridge PID. Each PID has a corresponding list of allowable uses, unique to the other 2 PIDs and separate from and different than the list of allowable and conditional uses of the M-1 zoning district. One example of the internal inconsistency includes “Dance Instruction”, which is currently an allowable use in the C-3 (Community Commercial), C-4 (General Commercial) and PCD (Planned Commercial Development) zoning districts. However, the use is a “conditional” use in the M-1 (Industrial) district, and is a permitted use on one specific lot within the Boynton Commerce Center PID. Recently the City Commission interpreted “Dance Instruction” to include “Jazzercise”, which therefore added this use to the M-1 and Boynton Commerce Center PID districts. A second example involves Gymnastics. “Gymnastics Centers” are allowed in the M-1 and in the Quantum Park PID districts only. Furthermore, “Cheerleading Schools” are permitted in the Quantum Park PID only, but are limited to a single lot. These discrepancies, although minimizing the impact of non-industrial uses on the availability of 398 of 495 industrial lands, represents an inconsistency in the zoning regulations which is not user-friendly, is challenging to staff to quickly interpret and apply, and may increase the chances of errors by staff, business operators, realtors, or land owners. There is a great deal of confusion on the public’s part as to where these types of uses can locate and the rationale behind those zoning decisions. As a result, staff has taken a close look at these types of uses, to find that they all typically rely upon higher ceilings and larger spaces commonly found in industrial areas rather than commercial centers, in order to accommodate their specific training apparatus and physical routines. Staff believes the appropriate action would be to group these like uses together and allow them all under one use heading in the M-1 zoning district and within all three PID districts. Staff proposes to title the use group as “Indoor Athletic Instruction/Training”, and include the following uses: “Gymnastics”; “Dance/Jazzercise/Pilates Instruction”; “Cheerleading Instruction”; “Karate Instruction”; “Indoor Batting/Golf Facilities”; and other similar type uses having the same characteristics and spatial needs, as confirmed by staff. Staff recommends this use group be allowed as a conditional use in the M-1 (Industrial) zoning district to allow for a case-by-case review of such requests to ensure compatibility with surrounding uses and safety of the public. Staff also recommends these uses be allowed by right in each of the PID districts, due to the more modern site and building designs, less intense type of industrial users, and better traffic and circulation patterns in the newer, planned districts. In both scenarios, staff will still be required to determine if adequate parking exists for these non-industrial type uses, since they require greater parking than typical industrial uses. PROPOSED AMENDMENTS Existing regulations:  In the M-1 district, Part III, Chapter 2, Section 8.A.1.d (9), “Gymnastic Centers”.  In the M-1 district, Part III, Chapter 2, Section 8.A.4.f., “Dance Instruction”. Proposed regulations:  In the M-1 district, Part III, Chapter 2, Section 8.A.1.d (9), delete “Gymnastic Centers”  f. In the M-1 district, Part III, Chapter 2, Section 8.A.4.f., replace “Dance Instruction” with, “Indoor Athletic Instruction/Training, including the following uses: Gymnastic Centers; Dance/Jazzercise/Pilates Instruction; Cheerleading Instruction; Karate Instruction; Indoor Batting/Golf Instruction; and other similar type uses having the same characteristics and special needs, as confirmed by staff”.  Amend the three (3) individual use lists for the Planned Industrial Development districts so that “Indoor Athletic Instruction/Training, including the each contains the following language: following uses: Gymnastics; Dance/Jazzercise/Pilates Instruction; Cheerleading Instruction; Karate Instruction; Indoor Batting/Golf Instruction; and other similar type uses having the same operational characteristics and spatial needs, as confirmed by staff”. RECOMMENDATION Staff recommends that the proposed interim amendments to Land Development Regulations be approved, and that the use lists for the Quantum Park PID, Boynton Commerce Center PID, and High 399 of 495 Ridge PID be amended as noted above. Additionally, staff recommends the proposed future zoning use matrix be amended to correspond with the Commission’s action. S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 10-003 Athletic Instruction.doc 400 of 495 10. A CITY MANAGER’S REPORT May 18, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 18, 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 written report to the Commission for purchases EQUESTED CTION BY ITY OMMISSION over $10,000 for the month of April 2010. ER: Per Ordinance O01-66, Chapter 2, Section 2-56.1 Exceptions to competitive XPLANATION OF EQUEST bidding, Paragraph b, which states: “Further, the City Manager, or in the City Manager’s absence, the Acting City Manager is authorized to execute a purchase order on behalf of the City for such purchases under the $25,000 bid threshold for personal property, commodities, and services, or $75,000 for construction. The City Manager shall file a written report with the City Commission at the second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City Manager. H? Ordinance O01-66, Chapter 2, Section 2-56.1 OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES assists departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled “Request for Purchases over $10,000” and each purchase request is reviewed and approved by the Department Director, Purchasing Agent, and City Manager. FI: This Ordinance provides the impact of reducing paperwork by streamlining processes ISCAL MPACT within the City. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead of processing for approval, and allow for making more timely purchases. A None : LTERNATIVES 401 of 495 402 of 495 10. B CITY MANAGER’S REPORT May 18, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 18, 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. R10-058 - Request by EQUESTED CTION BY ITY OMMISSION Town of Gulfstream to rescind Resolution 04-154 Regarding Interlocal Annexation Agreement between Gulfstream and Boynton Beach. ER: On April 29, 2010 Mayor Rodriguez and City Manager Bressner XPLANATION OF EQUEST met with Mayor Koch and Town Manager Thrasher of Gulfstream. The meeting was at the request of the Town of Gulfstream to discuss rescinding Resolution 04-154 which is an Interlocal agreement originally put in place at Gulfstream’s request to guide the development of unincorporated property on the barrier island adjacent to the Town of Gulfstream’s corporate limits. This area was the topic of earlier discussions concerning fire protection and a possible agreement with Palm Beach County for the City of Boynton Beach to provide fire-rescue service in portions of this area. If the Resolution 04-154 is rescinded as per Gulfstream’s request, this would make the fire-rescue issue for a majority of the unincorporated area moot and would require the Town of Gulfstream to address fire-rescue issues in this area in cooperation with Palm Beach County. The Town of Gulfstream has indicated that it has an interest in annexation of the unincorporated pocket in the areas covered under the 2004 resolution. H? Because this area is in the City’s utility OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES service area, Boynton Beach would still provide these services to the area at the statutory 25% rate surcharge, as we do for other areas outside the City limits. Recently, the City Commission affirmed that the 25% surcharge applies to City water and sewer service inside the corporate limits of Briny Breezes. Therefore, even if this area was incorporated into Gulfstream, the rate surcharge would apply. Fire Rescue services are currently provided by Palm Beach County, until annexation, that arrangement would continue with the City of Boynton Beach providing back-up assistance to Palm Beach County via Mutual Aid. Upon annexation of property, the 403 of 495 Town of Gulfstream would be responsible for Fire-Rescue service via an Interlocal agreement the Town has with the City of Delray Beach. Police service is currently provided by the Palm Beach County Sheriff’s Office and would transition to the Town of Gulfstream upon annexation. Planning and zoning responsibility is currently vested with Palm Beach County and would transfer to the Town of Gulfstream upon annexation. FI: None ISCAL MPACT A: Decline to rescind Resolution 04-154. LTERNATIVES 404 of 495 RESOLUTION NO. R10-____ A RESOLUTION OF THE CITY COMMISSION OF BOYNTON BEACH, FLORIDA, RESCINDING RESOLUTION 04-154 WHICH APPROVED THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE TOWN OF GULFSTREAM REGARDING ANNEXATION OF UNINCORPORATED PROPERTY ON THE BARRIER ISLAND; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on September 7, 2004, the City Commission of the City of Boynton Beach, via Resolution 04-154, approved and authorized an Interlocal Agreement between the City of Boynton Beach and the Town of Gulfstream regarding the annexation of unincorporated property on the barrier island; and WHEREAS , the Town of Gulfstream has requested Resolution 04-154 and the corresponding Interlocal Agreement be rescinded; 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 rescind Resolution 04-154 which approved the Interlocal Agreement between the City of Boynton Beach and the Town of Gulfstream regarding annexation of unincorporated property on the barrier island. 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 rescind Resolution 04-154 which approved the Interlocal Agreement between the City of Boynton Beach and the Town of Gulfstream regarding annexation of unincorporated property on the barrier island. Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of ______________, 2010. 405 of 495 CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove _______________________________ Commissioner – Woodrow L. Hay _______________________________ Commissioner – Steven Holzman ATTEST: _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 406 of 495 407 of 495 408 of 495 409 of 495 410 of 495 411 of 495 412 of 495 413 of 495 414 of 495 415 of 495 416 of 495 417 of 495 418 of 495 10. C CITY MANAGER’S REPORT May 18, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: 5/18/10 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: PROPOSED RESOLUTION NO. R10-059 - Approve EQUESTED CTION BY ITY OMMISSION amending the Community Development Block Grant (CDBG) Substantial Plan Amendment adopted by Resolution R08-139 dated November 18, 2008 and designating the Boynton Beach Community Redevelopment Agency as a sub-recipient of Neighborhood Stabilization Funding in the amount of $400,000. ER: On November 18, 2008, the Commission adopted Resolution R-139 XPLANATION OF EQUEST which authorized staff to submit a Substantial Plan Amendment to its 2008-09 Community Development Block Grant (CDBG) to accept $2,963,311 allocated Under Title III of Division B of the Housing and Economic Recovery Act of 2008, for the purpose of assisting in the redevelopment of abandoned and foreclosed homes under the Emergency Assistance for Redevelopment of Abandoned and Foreclosed Homes heading, referred to as the Neighborhood Stabilization Program (NSP). In the Plan, $400,000 was set aside for the Community Redevelopment Agency (CRA) for the purpose of providing a subsidy to leverage funds for first time home buyers in the project known as Ocean Breeze. The CRA has subsequently determined that the best use of these funds would be to provide an incentive to the developer of the project in the form of Infrastructure improvements required for the project. This change will require an additional amendment to the Substantial Plan Amendment previously approved by the Department of Housing and Urban Development (HUD). Both the CRA Board and City Commission must authorize the request for the additional amendment prior to submittal. 419 of 495 To date, staff has received verbal approval from HUD that the re-programming of the $400,000 for infrastructure work is an acceptable and allowable use under the program guidelines. However, until the request to amend the plan is submitted and approved by HUD, official approval does not exist. As the Commission knows, the NSP funding must be “obligated” by September 30, 2010. This means the $400,000 allocation to the CRA must be “obligated” by contract with the Ocean Breeze developer by this date. Staff recommends establishing a “fail-safe” date of July 1, 2010 for this obligation to met. Should negotiations fail or not be finalized by this date, staff recommends the funding be re-allocated back to the City for the purchase of foreclosed properties. H? Use of NSP funds to complete infrastructure OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES necessary for the development of the land would assist in the creation of conditions that allow for the provision of affordable housing in a depressed inner-city community. FI: The $400,000 in NSP 1 Grant Funds will be retained by insuring that the federally ISCAL MPACT mandated requirement for encumbering said funds by September 30, 2010 is met. Note: To date City staff has encumbered $571,300 for the purchase of foreclosed properties. A: 1) Not submit amendment; 2) Re-program funding ($400,000) and/or 3) Forfeit the LTERNATIVES funds. 420 of 495 RESOLUTION R10- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AN AMENDMENT TO THE CITY OF BOYNTON BEACH’S COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUBSTANTIAL PLAN AMENDMENT; APPROVING THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY DESIGNATING THE CRA AS A SUBRECIPIENT OF NEIGHBORHOOD STABILIZATION FUNDING IN THE AMOUNT OF $400,000.00; AUTHORIZING EXECUTION OF BOTH BY THE MAYOR AND CITY CLERK; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on November 18, 2008, the City Commission adopted Resolution R08-139 which authorized staff to submit a Substantial Plan Amendment to its 2008-09 Community Development Block Grant (CDBG) to accept $2,963,311.00 allocated under Title III of Division B of the Housing and Economic Recovery Act of 2008, for the purpose of assisting in the redevelopment of abandoned and foreclosed homes under the Emergency Assistance for Redevelopment of Abandoned and Foreclosed Homes heading, referred to as the Neighborhood Stabilization Program (NSP); and WHEREAS, $400,000 was set aside for the Community Redevelopment Agency to provide a subsidy to leverage funds for first time home buyers in the project known as Ocean Breeze; and WHEREAS, the CRA has subsequently determined that the best use of these funds would be to provide an incentive to the developer of the project in the form of infrastructure improvements required for the project which change in use will require an additional amendment to the Substantial Plan Amendment previously approved; and WHEREAS, the City Commission of the City of Boynton Beach deems it in the best interest of the citizens and residents of the City to approve the amendment to the Community Development Block Grant (CDBG) Substantial Plan Amendment. 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. 421 of 495 Section 2. The City Commission does hereby approve the amendment to the City of Boynton Beach’s Community Development Block Grant (CDBG) Substantial Plan Amendment. Section 3. The City Commission does hereby approve of the Interlocal Agreement between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency designating the CRA as a subrecipient of Neighborhood Stabilization Funding in the amount of $400,000.00. Section 4. The City Commission does hereby authorize execution of bothe the Plan Amendment and the Interlocal Agreement by the Mayor and City Clerk, a copy of each being attached hereto as Exhibit "A" and Exhibit “B” respectively. Section 3. This Resolution will become effective immediately upon passage. 422 of 495 PASSED AND ADOPTED this ___ day of May, 2010. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove ______________________________ Commissioner – Woodrow L. Hay ATTEST: ______________________________ Commissioner – Steven Holzman _____________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 423 of 495 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY THIS AGREEMENT, entered into this ______ day of ________________, 2010, by and between the City of Boynton Beach, a political subdivision of the State of Florida, for the use and benefit of its NEIGHBORHOOD STABILIZATION PROGRAM and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (CRA) , a non-profit corporation duly organized and existing by virtue of the laws of the State of Florida, having its principal office at 915 S. Federal Highway, Boynton Beach, Florida 33435 and its Federal Tax Identification Number as ________________. Whereas, The City of Boynton Beach has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a NEIGHBORHOOD STABILIZATION PROGRAM in certain areas of the City of Boynton Beach, pursuant to Title I of the Housing and Community Development Act of 1974, (as amended); And Whereas, certain City of Boynton Beach Citizen Participation Structures, the Commission of the City of Boynton Beach and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY desire to provide the activities specified in Part II of this contract; And Whereas, the City of Boynton Beach desires to engage the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY to implement such undertakings of the NEIGHBORHOOD STABILIZATION PROGRAM (NSP 1). Now, therefore, in consideration of the mutual premises and covenants herein contained, it is agreed as follows: PART I DEFINITION AND PURPOSE A. Definitions: 1)“City” means City of Boynton Beach 2)“CDBG” means NEIGHBORHOOD STABILIZATION PROGRAM (NSP 1) of the City of Boynton Beach 3)“CID” means Community Improvement Division 4)“The Agency” means the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY 5)“CID Approval” means the written approval of the Director of Development or designee after a request or a report has been properly processed in accordance with the CID Policies Procedures 424 of 495 6)“U.S. HUD” means the Secretary of the U.S. Department of Housing and Development or a person authorized to act on U.S. HUD behalf 7)“Low and Moderate Income Persons” means the definition set by U.S. HUD B. Purpose: The purpose of this Agreement is to state the covenants and conditions under which the Agency will implement the Scope of Services set forth in Part II of this Agreement. The beneficiaries of a project funded under this Agreement must constitute a majority (51%) of low- and moderate-income persons. PART II SCOPE OF SERVICES The Agency shall, in a satisfactory and proper manner as determined by CID, perform the tasks necessary to conduct the program outlined in the Work Program Narrative and Proposed Budget, Exhibit “A”, and submit invoices using the cover sheet in Exhibit “B”, both of which are attached hereto and made a part hereof. PART III COMPENSATION, TIME OF PERFORMANCE, METHOD AND CONDITIONS OF PAYMENT A. Maximum Compensation The Agency agrees to accept as full payment for eligible services rendered pursuant to this Agreement the actual amount of budgeted, eligible, and Director of Development or designee-approved expenditures and encumbrances made by the Agency under this Agreement. Said service shall be performed in a manner satisfactory to CID. In no event shall the total compensation or reimbursement to be paid hereunder exceed the maximum and total authorized sum of $400,000.00 for the period of __________________________________. Further budget changes within the designated contract amount can be approved in writing by the Director of Development or designee at their discretion up to twenty percent on a cumulative basis of the contract amount during the contract period. Such requests for changes must be made in writing by the Agency to the Community Improvement Manager. Budget changes in excess of this twenty percent must be approved by the Commission of the City of Boynton Beach. B. Time of Performance The effective date of this Agreement and all rights and duties designated hereunder are contingent upon 425 of 495 the timely release of funds for this project in U.S. HUD Community Development Block Grant No. B-09-MC- 12-0043. The effective date shall be the date of execution of this Agreement or the date of release of funds by U.S. HUD, whichever is later. The services of the Agency shall commence upon execution of this Agreement or receipt of an Order to Proceed in writing from CID, and shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the Agency by September 30, 2010. C. Method of Payment The City agrees to make payments and/or to reimburse the Agency for all eligible budgeted costs permitted by Federal, State, and City guidelines. In no event, shall the City provide advance funding to the Agency or any Subcontractor hereunder. Requests by the Agency for direct payments or reimbursements shall be accompanied by proper documentation of expenditures and shall be submitted to CID for approval no later than thirty (30) days after the date the indebtedness was incurred. Payment shall be made by the City of Boynton Beach Finance Department upon proper presentation of invoices and reports approved by the Agency and CID. For purposes of this section, originals of invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. In the case of direct payments, original invoices must be submitted to CID. Proof of payments to vendors must be submitted in the form of cancelled checks paid invoices and delivery slips if applicable, proof of payment must be received if any additional funds are to be disbursed. When original documents cannot be presented, the Agency must adequately justify their absence, in writing, and furnish copies. Invoices shall not be honored if received by the City of Boynton Beach Finance Department later than thirty (30) days after the expiration date of this Agreement, nor will any invoices be honored that predate the commencement date of this agreement. D.Conditions on which Payment is contingent: 1) Implementation of Project According to Required Procedures The Agency shall implement this Agreement in accordance with applicable Federal, State and City laws, ordinances and codes and with the procedures outlined in the CID Policies, and amendments and additions thereto as may be made from time to time. The Federal, State and City laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth in the CID Policies and Procedures. No reimbursements will be made without evidence of appropriate insurance required by this Agreement on file with CID in accordance with Part IV, Section G of this Agreement. No payments will 426 of 495 be made until the agency’s personnel policies are approved by the Director of Development Services or his designee CID Manager. No payments for multi-funded projects will be made until a cost allocation plan has been approved by the CID Manager or his designee and placed on file with CID. Should a project receive additional funding after the commencement of this Agreement, the Agency shall notify CID in writing within thirty (30) days of their notification by the funding source and submit an approved cost allocation plan within forty-five (45) days of said official notification. 2) Financial Accountability The City may have a financial system analysis and an internal fiscal control evaluation of the Agency by an independent auditing firm employed by the City or by the City Internal Audit Department at any time the City deems necessary to determine the capability of the Agency to fiscally manage the project in accordance with Federal, State, and City requirements. 3) Subcontracts Any work or services subcontracted hereunder shall be specifically by written contract, written agreement, or purchase order and shall be subject to each provision of this Agreement. Proper documentation in accordance with City, State, and Federal guidelines and regulations must be submitted by the Agency to CID and approved by CID prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the CID Manager or his designee. 4) Purchasing All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the City of Boynton Beach Purchasing Procedures Manual, Federal Management Circulars A-110 and A-122, incorporated herein by reference. 5) Reports, Audits, and Evaluations Payment will be contingent on the receipt and approval of reports required by this agreement, the satisfactory evaluation of the project by CID and the City and satisfactory audits by the Internal Audit Department of the City and Federal Government if required. All reports (monthly and/or quarterly) will be due within the time prescribed by this Agreement and the attachments hereto following the execution of this Agreement. 427 of 495 6) Additional CID, CITY and U.S. HUD Requirements CID shall have the right under this Agreement to suspend or terminate payments until the Agency complies with any additional conditions that may be imposed by CID, the City or U.S. HUD at any time. 7)Prior Written Approvals - Summary The following includes, but is not limited to, activities that require the prior written approval of the CID Manager or his designee to be eligible for reimbursement or payment: a)All subcontracts and agreements pursuant to this Agreement; b)All capital equipment expenditures of $1,000 or more; c)All out-of-town-travel (travel shall be reimbursed in accordance with the provisions of Florida Statutes, Chapter 112.061); d)All change orders; and e)Requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A. 8)Program Generated Income All income earned by the Agency from activities financed in whole or in part by CDBG funds must be reported to CID. Such income would include, but not be limited to income from service fees, sale of commodities, and rental or usage fees. In addition to reporting said income, the Agency shall report to CID the procedure developed to utilize program income to offset project costs. If program income is used to extend the availability of services provided by the Agency through this Agreement, the prior written approval of the Director of Development or his designee will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMB Circulars A-110, and other applicable regulations incorporated herein by reference. 9)Salary Rates and Increases All rates of pay and pay increases paid out of CDBG funds, whether they be for the reason of merit or cost of living increase, are subject to CID’s prior approval. Pay rates and increases paid out of CDBG funds shall be consistent with the City of Boynton Beach’s Personnel Department, and subject to prior established guidelines. PART IV GENERAL CONDITIONS A. Opportunities for Residents and Civil Rights Compliance 428 of 495 The Agency agrees that no person shall, on the grounds of race, color, mental or physical disability, national origin, religion or sex be excluded from the benefits of, or be subjected to discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. B. Opportunities for Small, and Minority/Women Owned Business Enterprises In the procurement of supplies, equipment, construction, or services to implement this Agreement, the Agency shall make a positive effort to utilize small and minority/women-owned business enterprises as sources of supplies and services, and provide these enterprises the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. In the maximum extent feasible, these small and minority/women-owned business enterprises shall be located in or owned by residents of the CDBG areas designated by the City of Boynton Beach in its Annual Consolidated Plan approved by U. S. HUD. At a minimum, the Agency shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. C. Project Beneficiaries At least 51 percent (51%) of the beneficiaries of a project funded through this agreement must be low- and moderate-income persons. Since the project is located in an entitlement city, as defined by U.S. HUD, or serves beneficiaries citywide, all of the beneficiaries assisted through the use of funds under this Agreement must reside in the City of Boynton Beach. The project funded under this agreement shall assist beneficiaries as defined above for the time period designated in Exhibit “A” of this Agreement. The Agency shall provide written verification of compliance to CID upon CID’s request. D. Evaluation and Monitoring The Agency agrees that CID will carry out periodic monitoring and evaluation activities as determined necessary by CID or the City and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluation will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports and output measures. The Agency agrees to furnish upon request to CID, the City or City’s designees and make copies or transcriptions of such records and information in connection with services to be provided hereunder. The Agency shall submit on a monthly and/or quarterly basis, and at other times upon the request of CID, 429 of 495 information and status reports required by CID, the City, or U.S. HUD on forms approved by CID. Grantee Performance Reports 4949.2 (Activity Summary) and 4949.5 (Direct Benefit Activities) will be required. This information will include: (1) detailed information on the status of the project(s) and status of funds; (2) the number of clients served by census tracts; (3) the number of low-and moderate-income persons; (4) racial breakdown; and (5) the number of female-headed households. In the event that this Agreement should provide funds for capital improvements projects, the Agency shall be responsible for providing all necessary and pertinent information to CID in order to allow for completion of Grantee Performance Reports. However, this exception shall apply only to capital improvements activities. E. Audits and Inspections At any time during normal business hours and as often as CID, the City, U.S. HUD or the Comptroller General of the United States may deem necessary, there shall be made available by the Agency to CID, the City, U.S. HUD or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The Agency will permit CID, the City, U.S. HUD, or the Comptroller General to audit and examine all contracts, invoices, materials, payroll, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Nonprofit organizations that expend $500,000 or more annually in federal awards shall have a single or program specific audit conducted in accordance with OMB A-133. Nonprofit organizations expending federal awards of $500,000 or more under only one federal program may elect to have a program specific audit performed audit performed, in accordance with OMB A-133. Nonprofit organizations that expend less than $500,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review. These agencies are required to submit “reduced scope” audits (e.g. financial audits, performance audits). They may choose instead of a reduced scope audit to have a program audit conducted for each federal award in accordance with federal laws and regulations governing the programs in which they participate. Records must be available for review or audit by appropriate officials of the General Accounting Office and other Federal and city agencies. The City will require when applicable, in accordance with OMB Circulars A-110, A-133 and other applicable regulations, the Agency to submit an audit by a Certified Public Account of the Agency’s choosing, subject to CID within one hundred and eighty (180) days after the expiration of this agreement. The cost of said 430 of 495 audit should be borne by the Agency. The City will be responsible for providing technical assistance to the Agency, as deemed necessary by either party. F. Data Becomes City Property All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled or completed by the Agency for the purpose of this Agreement shall become the property of the City without restriction, reservation or limitation of their use and shall be made available by the Agency at any time upon request by the City or CID. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CID, if requested. In any event, the Agency shall keep all documents and records for three (3) years after expiration of this Agreement. G. Indemnification and Insurance The Agency recognizes that it is an independent Contractor and stipulates or implies no affiliation between itself and the City. The Agency shall indemnify and save the City harmless from any and all claims, losses, damages and causes of actions which may arise out of the performance of this Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The Agency shall pay all claims and losses of any nature whatsoever in connection therewith including costs and attorney’s fees, and shall defend all suits relating to this Agreement, and shall pay all costs and judgments which may result. In particular, the Agency will hold the City harmless and will indemnify the City for funds which the City is obligated to refund the Federal Government arising out of the conduct of activities and administration of the Agency. The Agency’s aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law, but in no event shall they apply to liability caused by the negligence or willful misconduct of the City, its respective agents, servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida Statutes, be waived. At all times during the terms of this Agreement, the Agency shall maintain in force Comprehensive General Liability Insurance, including coverage for personal injury, bodily injury, property damage and contractual liability to support the indemnification agreement contained herein. Such insurance shall be in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by a Certificate of Insurance, which must also provide documentation or workers compensation for your employees to statutory limits. Agency shall provide for thirty (30) days notice of cancellation, non-renewal, or any adverse change in coverage. H. Maintenance of Effort The intent and purpose of this Agreement is to increase the availability of the Agency’s services. This 431 of 495 Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this Agreement which is not less than that level existing prior to this Agreement. I. Conflict of Interest The Agency agrees to abide by and be governed by Office of Management and Budget Circulars A-110 pursuant to conflict of interest. Said circulars are attached hereto and incorporated by reference herein. The agency further covenants that no person who presently exercises any functions or responsibilities in connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities provided under this agreement which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to CID provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement, that maximum opportunity be provided for employment of and participation of lower-income residents of the project target area. J. Citizen Participation Agency shall cooperate with CID in informing the appropriate CDBG Citizen Participation Structures, including the appropriate Area Committees, of the activities of the Agency in carrying out the provisions of this Agreement. Representatives of the Agency shall attend meetings of the appropriate Committees and Citizen Participation Structures upon the request of CID or the City. K. Project Publicity All facilities purchased or constructed pursuant to this Agreement should be clearly identified as to funding source. The Agency will include a reference to the financial support herein provided by City of Boynton Beach and/or HUD in all publications and publicity. In addition, the agency will make a good faith effort to recognize City’s support for all activities made possible with fund available under this agreement. L. Contract Documents The following documents are herein incorporated by reference and made part hereof, and shall constitute and be referred to as the contract; and all of said documents taken as a whole constitute the contract between the parties hereto and are as fully a part of the contract as if they were set forth verbatim and at length herein: 1)This Agreement including its Exhibits 2) Office of Management and Budget Circulars A-110, A-122 and A-133 432 of 495 3) Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of 1975, and Title II of Title VI of the Civil Rights Act of 1964, Age Discrimination the Americans With Disabilities Act of 1990 4) Executive Orders 11246, 11478, 11625, 12432, the Davis Bacon Act of 1988 and Section 109 of the Hosing and Community Development Act of 1974 5) Executive Orders 11063, 12259, 12892, the Fair Housing Act of 1988 and Section 109 of the Housing and Development Act of 1974 6) Florida Statutes, Chapter 112 and 768.28 7) City of Boynton Beach Purchasing Ordinance 8) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended 9) The Agency’s Personnel Policies and Job Descriptions 10) The Agency’s Incorporation Certificate and Articles of Incorporation 11) The Agency’s by-laws 12) The Agency’s Certificate of Insurance and Bonding 13) Current list of the Agency’s Officers and members of Board of Directors 14) Proof of Agency’s 501©(3) certification from Internal Revenue Service (IRS). All of these documents are filed and will be maintained on file at the office of Community Redevelopment. One (1) copy of the contract documents 1 through 8 will be furnished to the Agency by CID. Items 9 through 14 above shall be transmitted to CID by the Agency. M. Termination In the event of termination for any of the following all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared and capital equipment secured by the Agency with CDBG funds under this Agreement shall be returned to the City of Boynton Beach. In the event of termination, the Agency shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the Agency, and the City may withhold any payment to the Agency until such time as the exact amount of damages due to the City from the Agency is determined. 1)Termination for Cause If through any cause the Agency shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall provide the Agency with written notice specifying the exact nature of the failure or violation. Thereafter, the Agency has (30) calendar days to remedy the failure or violation. In the event that the Agency does not remedy the failure or violation, within the thirty (30) day calendar period, the City then has the right to terminate this Agreement or suspend payment in whole or part by giving written notice to the Agency of such termination or suspension of payment and specify the effective date thereof, at least five 433 of 495 (5) working days before the effective date of termination or suspension. 2)Termination for Convenience At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the City shall pay the Agency for services rendered pursuant to this Agreement through and including the date of termination. 3)In the event the grant to the City under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date U.S. HUD specifies. N. Severability of Provisions If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. O. Leveraging The Agency agrees to seek additional supportive or replacement funding from at least two (2) other funding sources. This will allow, to the greatest extent possible, the leveraging of U.S. HUD funds. Proposals to other agencies will be made in writing and a copy of such provided to CID. P. Amendments The City may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or U.S. HUD guidelines, directives and objectives. Such amendments shall be incorporated by written amendment as part of this Agreement and shall be subject to approval by the City of Boynton Beach Commissioners. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the City Commission and signed by both parties. Q. Notice All notice required to be given under this Agreement shall be sufficient when delivered to CID at its office at 100 E. Boynton Beach Blvd, Boynton Beach, Florida, 33435, and to the Agency when delivered to its office at the address listed on Page One of this Agreement. R. Independent Contractor Except as duly noted in Part III, Section D(9), the Agency agrees that, in all matters relating to this 434 of 495 Agreement, it will be acting a an independent contractor and that its employees are not City of Boynton Beach employees and are not subject to the City Provisions of the law applicable to City employees relative to employment compensation and employee benefits. S. Public Entity Crimes As provided in F.S. 287.132-133, by entering into this contractor or performing any work in furtherance hereof, the contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. F. S. 287.133(3)(a) requires this notice. 435 of 495 T. Counterparts of This Agreement This Agreement, consisting of fourteen enumerated pages and the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. WITNESS our Hands and Seals on the ________________ day of _________________, 2010. ATTEST: JANET PRAINITO, CMC CITY CLERK, CITY OF BOYNTON BEACH, FLORIDA Political Subdivision of the State of Florida BY: _______________________________ BY: _________________________________ CITY CLERK JOSE RODRIGUEZ, MAYOR APPROVED AS TO FORM: ___________________________________ CITY ATTORNEY BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By:_____________________________ By: _____________________________ [CORPORATE SEAL] 436 of 495 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY EXHIBIT A WORK NARRATIVE The City of Boynton Beach Community Redevelopment Agency (CRA) shall insure that firm contracts, suitable for encumbering up to Four Hundred Thousand Dollars ($400,000.00) of CDBG (NSP 1) funds for the construction of physical infrastructure improvements, including, but not limited to streets, sidewalks, water lines, sewer lines and street lighting, for the project known as Ocean Breeze, shall be executed not later than September 30, 2010. 437 of 495 10. D CITY MANAGER’S REPORT May 18, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 18, 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. R10-060 - Approve a EQUESTED CTION BY ITY OMMISSION Resolution to amend the current budget for fiscal year 2009/2010. ER: Finance staff conducted a mid-year review of General Fund revenues received XPLANATION OF EQUEST through March 31, 2010 compared to estimated annual revenues. The review compared the percentage of revenues received to date. Staff also compared them to the percentage received in prior years at mid-year considering trends and current economic conditions. As a result, staff estimated that General Fund revenues could fall short in excess of 1.5% of the estimates used to develop the FY 2009-2010 budget. Accordingly, direction was given to all departments to reduce their budget for this year for all funds (not just the General Fund) by at least 1.5%. H? A large majority of the budget reductions are achieved by OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES eliminating vacant positions and should not result in a major impact on City services. In some cases, it may result in a slower response time to requests for service, but not significantly more than currently being experienced. FI: Exhibit A lists the current budget appropriation for each affected fund, the proposed reduction, ISCAL MPACT and the reduced appropriation for the year. The overall $2.7 million dollar reduction slightly exceeds 2% of all affected funds. A: There are two alternatives: LTERNATIVES 1. Do not amend the budget – Not recommended. 2. Amend the Budget by a different amount – Staff will monitor the budget closely for the balance of the year and, if needed, bring forth a recommended amount if revenues continue to deteriorate beyond staff’s projections. 438 of 495 RESOLUTION R10- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE CURRENT ADOPTED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2009, AND ENDING SEPTEMBER 30, 2010; PROVIDING FOR SEVERABILITY, CONFLICTS, AND AN EFFECTIVE DATE. WHEREAS, the City Commission adopted a budget submitted by the City Manager based on estimated revenues of the City of Boynton Beach for fiscal year 2009-2010; and WHEREAS, the City Manager has now reduced estimated revenues for fiscal year 2009-2010, and WHEREAS, the City Manager has made recommendations to amend the budget by reducing the amounts 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 currently adopted budget, a copy of which is 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, Florida. Section 3. There is hereby a reduction of the appropriation by $1,328,417 to an amended appropriated sum of $70,516,917 to the General Fund for the payment of operating expenditures and necessary capital outlays for the City Government pursuant to the terms of the above budget. Section 4. There is hereby a reduction of the appropriation by $29,000 to an amended appropriated sum of $117,627 to the Public Arts Fund for the payment of operating expenditures and necessary capital outlays. Section 5. There is hereby a reduction of the appropriation by $12,000 to an amended appropriated sum of $364,097 to the Cemetery Fund for the payment of operating expenditures and necessary capital outlays. Section 6. There is hereby a reduction of the appropriation by $569,577 to an amended appropriated sum of $32,464,676 to the Water and Sewer Utility Fund for operating expenditures, 439 of 495 necessary capital outlay and debt service due on the Water and Sewer Revenue Bonds. Section 7. There is hereby a reduction of the appropriation by $84,021 to an amended appropriated sum of $2,492,236 to the Golf Course Revenue Fund for operating expenditures and necessary capital outlays. Section 8. There is hereby a reduction of the appropriation by $343,272 to an amended appropriated sum of $9,666,292 to the Solid Waste Fund for the payment of operating expenditures and necessary capital outlays. Section 9. There is hereby a reduction of the appropriation by $39,746 to an amended appropriated sum of $238,809 to the Transportation Fund for the payment of operating expenditures and necessary capital outlays. Section 10. There is hereby a reduction of the appropriation by $285,281 to an amended appropriated sum of $5,942,128 to the Fleet Maintenance Fund for the payment of operating expenditures and necessary capital outlays. Section 11. There is hereby a reduction of the appropriation by $45,000 to an amended appropriated sum of $2,926,159 to the Self-Insurance Fund for the payment of operating expenditures. Section 12. 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 13. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 14. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of ______________, 2010. CITY OF BOYNTON BEACH, FLORIDA ____________________________ Mayor – Jose Rodriguez ____________________________ Vice Mayor – Marlene Ross ____________________________ Commissioner – William Orlove ____________________________ Commissioner – Woodrow L. Hay 440 of 495 ____________________________ Commissioner – Steven Holzman ATTEST: ________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 441 of 495 442 of 495 443 of 495 444 of 495 445 of 495 446 of 495 447 of 495 448 of 495 449 of 495 450 of 495 451 of 495 452 of 495 453 of 495 454 of 495 455 of 495 456 of 495 457 of 495 458 of 495 459 of 495 460 of 495 461 of 495 462 of 495 463 of 495 464 of 495 465 of 495 10. E CITY MANAGER’S REPORT May 18, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: 5/18/10 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: Discuss and formalize meeting format for City EQUESTED CTION BY ITY OMMISSION Commission Budget Workshops to be held July 19-21, 2010 in the Library Program Room from 1pm - 5pm daily. ER: Staff seeks direction from the Commission on the meeting format XPLANATION OF EQUEST for the upcoming Budget Workshops. The Workshops will be held over a three day period, from 1 pm to 5 pm on Monday, Tuesday and Wednesday, July 19-21. The Workshops will be advertised as Special Meetings per Sunshine Law. This will allow the Commission to adopt a Tentative Millage Rate for FY 2010/11 as well as adopt a Preliminary Fire Assessment Resolution. Staff seeks direction as to whether or not the Commission desires individual department budget presentations or would prefer to raise questions by exception only as you move through your budget review. Staff also seeks direction on Commission preferences for the meeting room setup. H? n/a OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: n/a ISCAL MPACT A: n/a LTERNATIVES 466 of 495 10. F CITY MANAGER’S REPORT May 18, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 18, 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 Voluntary Separation Program for non- EQUESTED CTION BY ITY OMMISSION probationary full-time City employees. ER: Staff is recommending the implementation of a Voluntary XPLANATION OF EQUEST Separation Program for all non-probationary, full-time employees. This program is modeled after the City of Palm Beach Gardens which recently offered this program to their employees as a way to reduce staffing levels on a voluntary basis. The program is premised on the assumption that the positions vacated would either not be filled or filled at a lower rate of pay, thus providing a savings for next fiscal year. To date, twenty three (23) PBG employees have voluntarily separated under this program. The City of Palm Beach Gardens anticipates a future savings of $5M next fiscal year. See attached Palm Beach Post news article dated 5/11/10. A DRAFT Policy is attached for your consideration. Currently, staff is also researching the feasibility of an Early Retirement Incentive Program (ERIP). The City offered early buyout programs in 1998 and 2003. Once the evaluation is complete staff will present a recommendation to the Commission at a later date (January, 2011). H? TBD - The precise impact of the loss of OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES personnel is dependent on the positions that are departing and their role in departmental operations. Some positions are critical to the success of the organization and must be filled. FI: TBD. The savings in personnel costs will be dependent on the number of ISCAL MPACT personnel who elect to participate and the ultimate disposition of the position in the upcoming 467 of 495 fiscal year. There will be a negative fiscal impact to this year’s budget for the payout of the departing employee’s sick and vacation leave. However, this is something the City faces throughout the year when employees separate employment. These payouts are not typically budgeted. The insurance payouts are budgeted in this fiscal year budget and should not pose a negative impact. A: Not implement a Voluntary Separation Program and identify other alternatives LTERNATIVES to address the budget deficit; modify recommendation. 468 of 495 RESOLUTION R10 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND ADOPTING A VOLUNTARY SEPARATION PROGRAM FOR NON-PROBATIONARY, FULL-TIME CITY EMPLOYEES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, staff is recommending the implementation of a Voluntary Separation Program for all non-probationary, full-time City employees; and WHEREAS, the program is premised on the assumption that the positions vacated would either not be filled or filled at a lower rate of pay providing a savings for the following fiscal year; and 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. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve and adopt the Voluntary Separation Program for non-probationary full-time City employees, a copy of the program is attached hereto as Exhibit “A”, and made a part hereof. Section 3. This Resolution will become effective immediately upon passage. 469 of 495 PASSED AND ADOPTED this ___ day of May, 2010. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove ______________________________ Commissioner – Woodrow L. Hay ______________________________ Commissioner – Steven Holzman ATTEST: _______________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 470 of 495 VOLUNTARY SEPARATION PROGRAM DRAFT PROPOSAL – 5/18/10 I.POLICY The City is committed to continued efforts to identify cost-saving options and to implement programs that will successfully reduce recurring costs throughout the organization while minimizing the impact on employees. As a result, the City is offering this program to provide employees with an opportunity to voluntarily resign from employment. II.ELIGIBILITY AND ENROLLMENT PERIOD All non-probationary full-time City employees employed as of June 1, 2010 at any and all City facilities are eligible to participate in this program. This program shall be offered to employees for the period of June 1, 2010 to July 29, 2010. III.BENEFITS 1.A single lump payment based on the employee’s current base rate, excluding longevity, from the last day of employment through the end of the current fiscal year, September 30, 2010. 2.The lump sum payment will also include all unused vacation, sick and any other accruals in accordance with City Policy and applicable collective bargaining agreements. 3.Employees who wish to participate in this Program will have the option of retaining the City paid employee medical/dental/vision insurance plan or receiving a cash equivalent of the City’s total cost of medical/dental/vision insurance coverage through the end of the fiscal year (September 30, 2010), subject to required withholding. If the cash payment is taken, the employee’s insurance will end on the last day of the month in which the employee resigns. 4.Upon the effective date of termination from the City’s medical/dental/vision insurance, program participants shall be eligible for COBRA coverage in accordance with federal, state and local laws and regulations in effect at that time. Employees who retire under this program will retain the same rights as currently allowed to purchase the City’s insurance. IV.PROCEDURE 1.Interested employees shall be required to sign a written Agreement, Waiver and Release, which is available by contacting the Human Resources Director, Sharyn Goebelt at 561.742.6277. 2.Those interested must sign and return the Agreement to the Human Resources Director no later than 6:00 p.m. on Thursday, July 29, 2010. 3.All days referenced in this procedure are calendar days. 4.Employees shall be given the opportunity to consider this program until July 29, 2010 and will have 7 days to revoke their decision from the date they execute the Agreement, Waiver and Release and deliver to the City. The Agreement shall not become effective until after this 7 day revocation period has expired. 471 of 495 5.The payment and benefit amount the employee receives under this program will vary based on the employee’s separation date and his/her decision regarding medical/dental/vision insurance as described above in Section III, Paragraph 3. 6.Employees who elect to participate in this program will not be eligible for rehire for any position for a period of one (1) year from their last day of employment with the City (i.e. the employee’s voluntary resignation/separation date). 7.The employee’s last work day will be coordinated through the department head but will be no earlier than the end of the revocation period referenced above in Paragraph 4. The City Manager reserves the right to delay the departure of essential personnel until such time their replacement and/or a reorganization plan is determined. No employee departure will be delayed beyond October 1, 2010. Any employee retained beyond their voluntary separation date will receive the full benefit of the voluntary separation plan payout from the effective date of their separation agreement through September 30, 2010. 8.This is NOT an Early Retirement Program. Employees who elect to participate in this Voluntary Separation Program will retain all retirement benefits accrued to date of separation. 9.Employees enrolled in the DROP: If an employee’s separation date falls within June 1, 2010 and July 29, 2010, under no circumstance will the employee be compensated beyond their DROP separation date. 10.The City Manager is excluded from this Program even though he is a full-time, non-probationary employee. 472 of 495 473 of 495 12. A NEW BUSINESS May 18, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 18, 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: Consideration of the Boynton Beach Public Library being EQUESTED CTION BY ITY OMMISSION utilized for Early Voting Site for August 2010 and November 2010 Ballot. ER: The City has received a letter from the Supervisor of Elections XPLANATION OF EQUEST Office seeking Early Voting locations for the August 24, 2010 Primary Election and the November 2, 2010 General election. State statute limits early voting sites to city halls or public libraries. Recreation or cultural facilities cannot be used. Early Voting begins Monday, August 9, and runs through Sunday, August 22, 2010 for the th Primary Election, and Early Voting for the General Election begins on Monday, October 18 and runs through Sunday, October 31, 2010. The hours of operation are 10:00 a.m. to 6:00 p.m. on weekdays and 10:00 a.m. to 2:00 p.m. on weekends. Poll workers would begin about an hour earlier and end approximately an hour or so after closing. H? If the Library is designated as the Early OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Voting location, the City will need to provide the necessary staff to open, close and be on site during those hours that the Library would normally be closed. In addition, six (6) scheduled programs at the Library will be displaced, including the Quilters, Reading Clubs for Teens and Grade School children, and the Leadership Boynton Education Day for the Chamber of Commerce. FI: Overhead costs for electricity and employee overtime totals $2,525.76. These ISCAL MPACT funds are currently not budgeted in the General Fund. A: Not to designate the Library as an Early Voting Site. LTERNATIVES 474 of 495 475 of 495 476 of 495 13. A LEGAL May 18, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 18, 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. 10-010 - SECOND EQUESTED CTION BY ITY OMMISSION READING - Approve amendment to add a definition for aeration Windmills and corresponding provisions and standards (CDRV 10-002) to the Land Development Regulations (LDR), Chapter 2. Zoning, Section 4.J.27, including a maximum height of 25 feet, and limitation to nonresidential zoning districts for the purpose of aerating wet detention areas. Applicant: City-initiated. ER: The proposed amendment would create a definition, and XPLANATION OF EQUEST provisions and standards for windmills. This has been prompted by the plans of the Utilities Department to use two (2) such structures for aeration purposes in the wet detention area of Mangrove Walk Park. This would be part of a resolution to a water quality problem involving the Florida Department of Environmental Protection (DEP). The windmills are to assist in the aeration of the wet detention pond that stores water before releasing it into the Intracoastal Waterway. The City’s current LDR do not contain provisions for windmills, but are proposed to include the following new text under Section 4.J of Chapter 2 (Zoning) which provides alternative setback provisions for selected structures such as fences, arbors, flagpoles, fountains, playground equipment, and light poles: Section 4.J. Other Structures – 27. Windmills, used to aerate wet detention areas, provided that such structures are located in nonresidential zoning districts, designed as monopoles, and are not greater than 25 feet in height (measured from the foundation or base, to the shaft). The minimum required setback from the property line for each windmill shall be equal to its height. Also, windmills shall be setback a minimum of 25 feet from all trees, in order to protect nesting and feeding sites for birds. All windmills shall be lowered to the prone position at least 12 hours upon the 477 of 495 posting of a tropical storm or hurricane watch. All windmills shall be kept in operating condition or may be subject to removal. The proposed definition would be inserted into Chapter 1 of the CDR, Article II, Definitions, and would read as follows: WINDMILL, AERATION – A wind driven aeration system that pumps oxygen into air lines located in water bodies, such as wet detention areas, ponds, and the like. Air diffusers turn the compressed air into oxygen bubbles, whose purpose it is to rise through the water and remove pollutants and improve water quality. It is not the intent of an aeration windmill to create or generate electric power, either for use or sale, on or off-site. Staff has researched the proposed windmills including communications with manufacturers and special interest groups to obtain information on sound characteristics and their potential to negatively impact the environment. Staff concludes at this time that any future negative effects appear to be minimal, or at least well controlled, due to the limitations imposed on their use, size, and allowable locations. The extent of staffs research, and the findings are further explained in the staff report. As also explained in the report, staff also sees this code provision as possibly facilitating a pilot project to evaluate the impacts on and benefits to the community, which could be used it the future in considering provisions for the standard wind turbine used to generate power. Item was approved under First Reading on May 4, 2010. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: Deny code review for windmills thereby requiring use of alternative method of LTERNATIVES aerating retention ponds. 478 of 495 ORDINANCE NO. 10- 010 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS, CHAPTER 1, ARTICLE II, “DEFINITIONS”, AMENDING CHAPTER 2, SECTION 4J “OTHER STRUCTURES”, TO CREATE PROVISIONS AND STANDARDS FOR THE USE OF WINDMILLS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS , the Utilities Department plans to use two windmills for aeration purposes in the wet detention area of Mangrove Walk Park which would be part of a resolution to a water quality problem involving the Florida Department of Environmental Protection; and; WHEREAS, currently, the City’s Land Development Regulations do not contain provisions for windmills; and WHEREAS, the City Commission has considered staff’s recommendations and reports, and determines and finds that it would be appropriate to amend the Land Development Regulations to reflect this addition; and WHEREAS, the City Commission finds that the adoption of this ordinance is in the best interest of the health, safety, and welfare of the citizens and residents of the City of Boynton Beach. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. Chapter 1, General Provisions, Article II, Definitions of the Land Development Regulations of the City of Boynton Beach Code of Ordinances is hereby amended as follows: … WINDMILL, AERATION – A wind driven aeration system that pumps oxygen into air lines located in water bodies, such as wet detention areas, ponds, and the like. Air diffusers turn the compressed air into 479 of 495 oxygen bubbles, whose purpose it is to rise through the water and remove pollutants and improve water quality. It is not the function of an aeration windmill to create or generate electric power, either for use or sale, on or off-site. … Section 3. Chapter 2, Section 4J, “Other Structures” of the Land Development Regulations of the City of Boynton Beach Code of Ordinances is hereby amended as follows: J. OTHER STRUCTURES AND IMPROVEMENTS. To further clarify the definition of structure as applied to all districts and boundaries, the following shall apply except that corner lots shall be regulated by other parts of this ordinance. The following structures and improvements shall be permitted in front, rear or side setbacks as provided in this ordinance, in any zone, except where so noted, and agency authorization shall be required for placement in easements: … 29. Windmills, used to aerate wet detention areas, provided that such structures are located in nonresidential zoning districts, designed as monopoles, and are not greater than 25 feet in height (measured from the foundation or base, to the shaft). The minimum required setback from the property line for each windmill shall be equal to its height. Also, windmills shall be setback a minimum of 25 feet from all trees, in order to protect nesting and feeding sites for birds. All windmills shall be lowered to the prone position at least 12 hours upon the posting of a tropical storm or hurricane watch. All windmills shall be kept in operating condition or may be subject to removal. Section 4. Each and every other provision of the Land Development Regulations not herein specifically amended, shall remain in full force and effect as originally adopted. Section 5. All laws and ordinances applying to the City of Boynton Beach in conflict with any provisions of this ordinance are hereby repealed. Section 6. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 7. Authority is hereby given to codify this Ordinance Section 8. This ordinance shall become effective immediately. 480 of 495 FIRST READING this ___ day of ___________, 2010. SECOND, FINAL READING AND PASSAGE this _____ day of ________, 2010. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove ______________________________ Commissioner – Woodrow L. Hay _______________________________ Commissioner – Steven Holzman ATTEST: ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 481 of 495 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 10-018 TO: Chair and Members Planning & Development Board THRU: Michael W. Rumpf Director of Planning and Zoning FROM: Eric Lee Johnson, AICP Planner II DATE: April 22, 2010 SUBJECT: CODE REVIEW / CDRV 10-002 Request approval for an amendment to the Land Development Regulations Part III LDR, Chapter 1, Article II Definitions to add a definition for windmills, and Part III, LDR, Chapter 2. Zoning, Section 4.J.27, to add provisions and standards, including a maximum height of 25 feet, to windmills within nonresidential zoning districts for the purpose of aerating wet detention areas. NATURE OF REQUEST This proposed amendment would create a definition and the provision and accompanying standards for windmills, to allow them in nonresidential zoning districts for the purpose of aerating wet detention areas. This proposed amendment has been prompted by the plans of the Utilities Department to use two (2) such structures for aeration purposes at the wet detention area of Mangrove Walk Park. This desired action by the Utilities Department would be part of a resolution to a water quality problem involving the Florida Department of Environmental Protection (DEP). The purpose of the windmills is to assist in the aeration of the wet detention pond that stores water before releasing it into the Intracoastal Waterway. Also, the City has received many public inquiries in the past as to whether windmills are allowed in the City. The City’s current Land Development Regulations do not contain provisions for windmills. This code review represents an interim amendment to the land development regulations, which would be inserted accordingly into the draft LDR rewrite product. BACKGROUND There are currently no provisions for windmills within the Zoning Regulations for the City. The changes proposed by staff would allow the use of windmills, but only in connection with the aeration of wet detention areas located within nonresidential districts. Aeration, the process by which oxygen is added to the water, assists in the removal of pollutants and in the decomposition of nutrients which normally builds up in ponds over time. The wet detention area of Mangrove Walk Park is zoned Central Business District (CBD) and located within the City’s downtown watershed. The pond acts as a storm water control system that provides for both the retention and treatment of contaminated stormwater runoff before releasing such water into the Intracoastal Waterway. The City would use these two windmills to add oxygen into the water to increase the functionality and longevity of the wet detention area. Staff anticipates that these windmill-driven aeration systems will perform as effectively, if not better than their conventional electric-power counterparts, but without the reoccurring monthly expense 482 of 495 for utilities. Utilities staff has determined that the height of the windmills would need to be at least 25 feet in order to achieve the desired wind speeds required for effective aeration. Section 4.J of the Zoning Regulations, labeled “Other Structures” accommodates miscellaneous appurtenances such as arbors and trellises, flag poles, recreational equipment, and light and other utility poles, within building setbacks. Staff proposes to add windmills as an additional “other structure,” which would be described as follows: 27. Windmills, used to aerate wet detention areas, provided that such structures are located in nonresidential zoning districts, designed as monopoles, and are not greater than 25 feet in height (measured from the foundation or base, to the shaft). The minimum required setback from the property line for each windmill shall be equal to its height. Also, windmills shall be setback a minimum of 25 feet from all trees, in order to protect nesting and feeding sites for birds. All windmills shall be lowered to the prone position at least 12 hours upon the posting of a tropical storm or hurricane watch. All windmills shall be kept in operating condition or may be subject to removal. Staff also proposes to create a definition for windmills that will be used for aeration purposes. The definitions would be amended as follows: Chapter 1, Article II Definitions WINDMILL, AERATION – A wind driven aeration system that pumps oxygen into air lines located in water bodies, such as wet detention areas, ponds, and the like. Air diffusers turn the compressed air into oxygen bubbles, whose purpose it is to rise through the water and remove pollutants and improve water quality. It is not the intent of an aeration windmill to create or generate electric power, either for use or sale, on or off-site. ANALYSIS In creating a more sustainable community, staff recognizes great benefits in drafting land development regulations (LDR) that promote renewable energy, recycling, and conservation. Staff has been proactively drafting “green” regulations, including provisions for photovoltaic (PV) arrays, compost bins, and rain barrels within the last year in connection with the LDR Rewrite project. These provisions have been conceptually approved by the Planning and Development Board and City Commission, and staff anticipates that the entire LDR Rewrite project will be complete later this year. However, because of time constraints of the Utilities Department, staff proposes this interim code amendment. If approved, the new language can be easily inserted into the new LDR. Wind power has been used for many years as a renewable energy source, and could directly benefit the City despite not being geographically located with optimal wind characteristics. However, like other renewable energy systems, they do not come without a cost. Because of uncertainties with respect to the potential or perceived adverse impacts to residential neighborhoods and wildlife, particularly birds, staff is hesitant to draft regulations that would allow windmills for all purposes within all zoning districts. Therefore, it is staff’s intent to promote this interim amendment as a “pilot program,” whereby the regulations are created to allow for windmills, but only on a limited basis, in part, to observe, measure, and record any adverse impacts. Future code provisions can be considered once the products the City wants to use are tested and yields little or no adverse impacts, or if the benefits far outweigh the costs. The most common issues concerning windmills are as follows: 483 of 495 1. Noise. Noise, which is typically defined as unwanted sound, is a common argument against the use of windmills, especially near populated areas. With respect to the subject windmills to be used for aeration purposes, staff requested sound data from the manufacturers, and they responded as follows: Koenders Windmills- “The turning of the windmill blade makes no discernable noise; the noise comes from the compressor which is situated immediately behind the blade…which would be 25 feet in the air. The blade turns a shaft which has an offset cam on it. This offset cam provides reciprocating action for a piston. The piston compresses the air which is vented from the compressor into an airline to the bottom of the pond. Every time the piston compresses, it produces a noise which can be best described as a burp. The frequency of the burp depends on wind speed. Our noise meter registered that burp in a range not exceeding 72db at a distance of 3 feet.” Outdoor Water Solutions- “Our aeration systems are extremely quiet and produce virtually no noise. The windmill head turns freely on a crankshaft that pumps the air and makes no noise. The diaphragm and piston assembly might be heard at the base of the windmill as it turns, but the sound would be very slight and no more than 25-35 decibels. At 50 feet from the base, it would be almost impossible to hear anything coming from the aeration windmill.” According to the American Speech Language Hearing Association, a decibel reading of 50 db is considered “moderate” noise, which is similar to “moderate rainfall.” A reading of 70 db however, is considered “very loud” like that of “busy traffic or a vacuum cleaner.” With respect to the difference in decibel readings between the two (2) products of the aforementioned manufacturers, staff understands that sound measurements taken on the louder of the two windmills included background noise. Staff is currently seeking further clarification from the manufacturer, which would be presented at the public hearings. 2. Impact to Birds. Another argument against the use of windmills is the possible impacts to migratory and resident birds. Staff communicated this concern with Ms. Bonnie Finneran, Environmental Director of Palm Beach County Environmental Resource Management, but she knew of no county environmental regulation that speaks to the issue of windmills and protective measures for birds. This response from the County was not surprising given the lack of windmill presence in Palm Beach County and South Florida. Mr. Grant Campbell of the South Florida Audubon Society notes that the Atlantic Flyway, which is a bird migration route paralleling the Atlantic coast, is followed by 50 different kinds of birds that breed in New England and migrate south to Florida, and as even far south as South America. His organization could not give a blanket approval to the use of windmills but suggested that the risk to birds would be minimal if the City applies the following mitigating actions when planning for windmills: 1) limit the windmill height so that they are relatively low to the ground; 2) locate them away from trees and potential nesting and feeding sites; 3) make sure they are highly visible; and 4) restrict use to the slowest speed variety available that will accomplish the objective of pond aeration. According to Mr. Campbell, windmills less than 30 feet in height would meet the above height criteria, but he is unaware of a standard or rule for safe distances from bird nesting areas. 484 of 495 Mr. Alan Goode, the general manager of Koenders Windmills wrote: “We have no statistics on the environmental impact to bird populations; we only have empirical evidence provided by an Edmonton waste management company who has our windmills installed. They comment that the local seagull population is disturbed by the windmills but only on bright days, they have premised that the sun on the bright galvanized finish creates a strobe effect on the moving blades. This will diminish with time as the galvanized finish weather down. (The system the City wants to use) is powder coated so I would anticipate little if any environmental impact to your bird population.” Mr. John Redd, the president of Outdoor Water Solutions, Inc., responded to this question as follows: “Lastly, we do not have any specific data regarding our windmills and birds. To our knowledge, there are no issues with bird injury or bird death with our systems as they utilize a 12 blade design that are quite easy to see (versus) the larger electrical generators that utilize a three (3) blade design. Our systems were modeled after the Aeromotor windmill heads that have been sold in the U.S. since the mid 1800’s. On September 8, 2009, the Wall Street Journal published an article by Mr. Robert Bryce entitled, “Windmills are Killing Our Birds.” Mr. Bryce, who is managing editor of Energy Tribune, criticizes the federal government in what he perceived as a double standard in the prosecution of oil companies versus green energy sources after it is determined that each caused avian deaths. He also cites statistics from the Wind Energy Association that wind energy is responsible for some 75,000 to 275,000 deaths a year. Staff notes that a multitude of these deaths are attributed to large wind farms, such as the Altamont Pass Wind Farm in California, which includes 5,200 turbines. Staff also notes that in his article, Mr. Bryce also indicates that housecats contribute to 1 billion deaths annually. 3. Aesthetics. Windmill technology has been around for a very long time, and it has played a significant role in American history. Beauty is in the eye of the beholder, and windmills come in a variety of shapes and styles. Staff is cautious about amending the code to allow the potential for large wind turbines, such as those used in wind farms in Texas and California, which to many are aesthetically unpleasing. To encourage uniformity and for the sake of simplicity, the proposed language would restrict the style of windmills to that of a monopole structure, resulting in a more modern look rather than the nostalgic structures that dotted the landscape of American farms during the nineteenth and twentieth centuries, and which continue to exist today. It is staff’s opinion therefore, that allowing windmills, on a limited basis and with certain restrictions, would not create any adverse aesthetic impacts. 4. Safety. The last major concern with the use of windmills, particularly those located in urban and suburban areas such as in Boynton Beach is the potential life-safety issues that may be posed to abutting properties, and to a lesser extent, the public at-large. Because South Florida experiences hurricanes, it is appropriate that any provision involving the use of windmills includes a minimum setback requirement in case of accidental collapse. To address this, the proposed language requires windmills be setback a minimum distance equal to the height of the structure. Some windmills come equipped with a latch at the base so that they can be lowered into the prone position and secured (to the ground or other structures) in anticipation of a hurricane or other weather event. With respect to self-preservation, windmills such as the 485 of 495 Koenders Windmills product, contain safety mechanisms that cause the windmill head and blades to turn away or furl out of the wind when wind speeds exceed 27-28 miles per hour. Likewise, in a letter to staff, Mr. Redd of Outdoor Water Solutions, Inc. writes “Our windmill head is also designed to furl out of the wind between 30 and 40 mph as a way to regulate its speed.” In addressing the fear that malfunctioning blades could potentially fall from the windmill or act as projectiles and strike unsuspecting victims in their path, the American Wind Energy Association refutes that “in 20 years of operation, the wind industry has recorded only one (1) death of a member of the public – a German skydiver who parachuted off-course into an operating wind plant. Blade throws were common in the industry’s early years, but are unheard of today because of better turbine design and engineering.” Finally, the potential for ice fragments falling from the blades (which are commonly known as “ice throws”) is not a legitimate concern in the subtropical climate of South Florida. CONCLUSIONS / RECOMMENDATION As indicated above, wind technology has great benefit to the City in creating a more sustainable community; however, it may not be without its costs. On a large scale, there are legitimate concerns regarding windmills and the potential for lowering the quality of life for humans, and / or increasing negative impacts to wildlife. Staff examined the pros and cons, and at this time, any future negative effects appear to be minimal, or at least well controlled, due to the limitations imposed on their use, size, and allowable locations. The benefit however, of aerating wet detention areas without the use and dependency on electric power or the burning of fossil fuels seems to be very advantageous in lowering the City’s carbon footprint. Furthermore, this type of regulation would help the City gain a good reputation as an environmentally-friendly and forward thinking community, while simultaneously demonstrating fiscal responsibility during lean budget years by lowering future operating expenses. Therefore, staff recommends the proposed amendment, along with the plan to review the impacts of this amendment over a period of one (1) year, and report to the Commission any negative findings. Staff would then recommend the continued existence of such windmill regulations, and possibly expansion of them to include more eligible properties and uses, or conversely, the “sunsetting” of such regulations if determined that the benefits no longer outweigh the costs represented by this amendment. S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 10-002 Windmills\Staff Report2.doc 486 of 495 13. B LEGAL May 18, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 18, 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. R10-061 - Appoint a EQUESTED CTION BY ITY OMMISSION member of the City Commission to represent the City of Boynton Beach on the Sister Cities' Committee ER: The mission of Sister Cities International is to promote peace through mutual respect, XPLANATION OF EQUEST understanding and cooperation one individual, one community at a time. Representing more than 2,500 communities in 134 countries, Sister Cities International is a citizen diplomacy network creating and strengthening partnerships between the United States and communities abroad. Begun in 1956 after a White House summit where U.S. President Dwight D. Eisenhower called for people-to-people exchanges, sister city relationships are tailored to local interests and increase global cooperation at the grassroots level. In 2001, Boynton Beach became an affiliate of Sister Cities International and established a Sister City relationship with Qufu, China, birthplace of Confucius. Activities include the Young Artists Showcase, an electronic pen pal th program between 4 grade students in Boynton Beach and Qufu, working with the Wheelchair Foundation to fund and distribute 200 wheelchairs to disabled residents of Qufu, fundraisers and identification and selection of additional Sister Cities’ partners. Greater Boynton Beach Sister Cities is a 501(c)3 organization and membership is open to anyone interested in its mission. Mayor Rodriguez served as the City’s representative in 2007 and Commissioner Weiland served in 2008. No representative was appointed in 2009. H? Participation in this program fosters international OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES relationships and helps market the City of Boynton Beach for future economic development. FI: None ISCAL MPACT A: The alternative would be to not appoint a City Commissioner to represent the City on this LTERNATIVES Committee. 487 of 495 RESOLUTION NO. R10- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPOINTING ________________________________________ AS A REPRESENTATIVE TO THE GREATER BOYNTON BEACH SISTER CITIES COMMITTEE, INC., AND APPOINTING ANY CITY COMMISSION MEMBER AS ALTERNATE REPRESENTATIVE TO THE GREATER BOYNTON BEACH SISTER CITIES COMMITTEE, INC.; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida, is entitled to representation on The Greater Boynton Beach Sister Cities Committee, Inc; and WHEREAS , the mission of the Sister Cities International is to promote peace through mutual respect, understanding and cooperation, one individual and one community at a time; and WHEREAS, the City Commission has considered the qualifications necessary for such representation and wishes to bestow upon the following named individuals such right and honor of service. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The “WHEREAS” clauses above are hereby ratified and confirmed as being true and correct and incorporated herein by reference. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby appoints _________________________________ as a representative to The Greater Boynton Beach Sister Cities Committee, Inc., and appoints any City Commission member as alternate representative to The Greater Boynton Beach Sister Cities Committee, Inc.,. Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ______ day of , 2010. CITY OF BOYNTON BEACH, FLORIDA ________________________________ 488 of 495 Mayor – Jose Rodriguez ___________________________________ Vice Mayor – Marlene Ross ___________________________________ Commissioner – William Orlove ___________________________________ Commissioner – Woodrow L. Hay ___________________________________ Commissioner – Steven Holzman ATTEST: _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 489 of 495 14. A UNFINISHED BUSINESS May 18, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: 5/18/10 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: Review and approve CRA application, rating matrix and EQUESTED CTION BY ITY OMMISSION proposed appointment timeline. ER: At the 4/20/10 City Commission meeting the Commission provided XPLANATION OF EQUEST input and edits to a draft CRA application. The application has been revised to reflect all of the changes discussed. A copy is attached for the Commission’s review and approval. Additionally, staff was directed to prepare a rating matrix for the Commission’s consideration. The four member review committee (City Manager, Development Director, CRA Director and Chamber Director) and Assistant City Manager met to develop a ranking form. Five categories were identified as key areas of interest when considering an applicant’s qualifications. They are: Education; Community Involvement; How will the applicant’s service benefit the CRA?; Technological Capacity; and Professional Competencies. The committee recommends ranking the applications on a 1-5 scale, with 5 being the highest. The matrix is attached for your review and approval. Staff has developed a draft timeline for which the Board appointments may be made. It is recommended that the City Commission consider candidates following a review of application documents and interviews. Should the Commission decide to conduct interviews, this will require a special meeting of the City Commission. Staff recommends the special meeting be scheduled immediately prior to the 8/10/10 CRA meeting. Proposed Timeline: 5/18/10 Commission approves application and rating matrix. 490 of 495 5/19/10 Application process opens for 45 day period (online version to be available as well). 7/6/10 Deadline for submittal of CRA applications to City Clerk’s office 7/7/10 Staff assembles and distributes packets of all applications and rating sheets to each City Commissioner and the four member review committee (City Manager, Development Director, CRA Director and Chamber Director). Commission and committee will have two weeks to review and rank the applications. 7/21/10 Deadline to submit rankings to City Clerk’s office. 7/28/10 Staff will aggregate the rankings and prepare a final ranking document for placement on the 8/3/10 City Commission agenda. 8/3/10 City Commission will review the rankings and discuss as a group. The top 10 applicants will be identified. 8/10/10 A special meeting of the City Commission will be scheduled immediately preceding the 8/10/10 CRA meeting during which the interviews will take place. 8/17/10 City Commission will finalize selection and make appointments to the CRA Board. H: Adoption of Ordinance 09-030 established OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES the appointment of an independent seven member CRA Board. FI: Staff resources will be utilized to accept, review and rank applications. ISCAL MPACT A: Modify timeline and application process. LTERNATIVES 491 of 495 CITY OF BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY BOARD APPOINTMENT APPLICATION MEETING DATE/TIME RESPONSIBILITIES The Boynton Beach Community Redevelopment Agency serves the community by guiding redevelopment nd 2 TUESDAY – 6:30 PM activities that create a vibrant downtown core and revitalized neighborhoods within the CRA district. The CRA district is 1,650 acres along the eastern edge of the City of Boynton Beach. The major north/south road in the CRA is Federal Highway/U.S. 1. East/west connectors are Gateway Blvd., Boynton Beach Blvd., Woolbright Road, and Gulfstream Blvd. The activities and programs offered within a Community Redevelopment Area are administered by the Community Redevelopment Agency. The City Commission has determined that the Agency should be governed by a seven-member governing board appointed by the City Commission. Any person may be appointed as CRA board member if he or she resides or is engaged in business, which means owning a business, practicing a profession, or performing a service for compensation, or serving as an officer or director of a corporation or other business entity so engaged, within the area of operation of the Agency, which shall be coterminous with the area of operation of the City. Additional information regarding the CRA can be obtained by accessing the CRA web site at http://www.boyntonbeachcra.com. TERM OF OFFICE- The terms of office of the commissioners shall be for 4 years, except that three of the members first appointed shall be designated to serve terms of 1, 2, and 3 years, respectively, from the date of their appointments, and all other members shall be designated to serve for terms of 4 years from the date of their appointments. (Note: Intention is to also convert the application for on-line completion – Both On-line and Paper would be accepted) Thank you for your interest in serving on the Community Redevelopment Agency Board and for taking Please print or type all answers clearly. the time to fill out this form. If instructions are not followed or the application is not filled out in its entirety, the form will be returned for clarification. Name____________________________________________________Telephone #____________________ Address_______________________________________________________________Zip Code__________ E-mail Address: __________________________________________________Phone: _________________ Current occupation or, if retired, prior occupation ______________________________________________________________________________________ Education: School Yrs Completed Degree(s) High School(s): _______________________________________________________________________ College(s): _______________________________________________________________________ ____________________________________________________________________________________ Are you a registered voter? _______Yes ______No Do you reside within the Boynton Beach City limits? _______Yes ______No Do you own/manage a business within the City limits? _______Yes ______No If “yes”, name and address of business________________________________________________________________________________ Do you or a relative own property in the CRA Area or in the corporate limits of Boynton Beach? _______Yes ______No If “yes”, address of property(ies)__________________________________________________________________ 492 of 495 Are you currently serving on a City board? _______Yes ______No Have you served on a City board in the past? _______Yes ______No If so, which board(s) and when? _____________________________________________________________________________________________ _____________________________________________________________________________________________ How long have you lived in Boynton Beach or owned/managed a business here? ________ Years Community Involvement: In addition to any City advisory boards, please describe your community involvement. ____________________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________ Interests/Hobbies: ____________________________________________________________________________________________________ ____________________________________________________________________________________________ Have you ever been convicted of a crime? If yes, When_________________________________ Where______________________________________ What was the nature of the crime? ____________________________________________________________ Briefly describe why your service on the CRA would be beneficial to the City of Boynton Beach: (Attach extra sheets as needed) ____________________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________ It is desirous that the CRA Board Members represent a broad range of professional and technical competencies that would enhance the CRA’s mission as well as be representative of the demographic diversity of the City as a whole and the CRA area in particular. Please mark which specific skill sets that apply to your qualifications: _____ Accounting _____ Financial Management _____ Architecture _____ Land Development _____ Banking _____ Real Estate Sales & Marketing _____ Engineering _____ Urban Planning _____ Other, please explain below: ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ _______________________________________________________________________________ Briefly identify three redevelopment issues facing the City and the CRA: (Attach extra sheets as needed) ____________________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________ 493 of 495 Please provide at least three professional references: (include full name, telephone and e-mail, if e-mail is available) ____________________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________ Have you approached any current Elected Official of the City of Boynton Beach or any City Employee concerning an appointment to the CRA Board? ______________ If yes, please provide the name and date of the person you contacted ______________________________________ ________________________________________________________________________________________________ Name(s) and relationship of relatives working for the City of Boynton Beach or the Boynton Beach CRA: ____________________________________________________________________________________________________ ____________________________________________________________________________________________ Do you have any potential conflicts of interest that may arise from time to time? (A conflict of interest would be anything that inures to your benefit, your employer’s benefit or a member of your family’s benefit. For example an architect, real estate broker or attorney that may occasionally represent a client with a project before the CRA. Note: Having a potential conflict of interest does not necessarily exclude you from serving on the CRA.) If yes, please explain: ____________________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________ Are you willing and able to attend the meetings of the CRA as described below: a. Second Tuesday of the month at 6:30 PM? ____ Yes ____ No b. Meetings on consecutive dates? ____ Yes ____ No c. Meetings that might be scheduled for multiple dates within the same month? ____ Yes ____ No d. Meetings that last the full day (9:00 AM to 5:00 PM, or later)? ____ Yes ____ No The CRA will be using a “paperless agenda process” with a laptop computer. Is this acceptable to you in lieu of a paper agenda? ____ Yes ____ No *A resume must be submitted with this application for Community Redevelopment Agency Board Appointment City Clerk’s Office Return the completed form to the , 100 East Boynton Beach Boulevard, City Hall, Boynton Beach FL 33435 or P. O. Box 310, Boynton Beach, FL 33425-0310. Note: If you file an application on-line it will be filed with the City Clerk’s Office. I hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. I acknowledge by signing below that I am aware that once appointed I cannot engage in real estate or business transactions that would result in a personal financial gain to me, a family member, business associate or to any principal by whom I am retained. Signature:___________________________________________________Date:____________________ __ 494 of 495 Revised 11/16/10 2:14 PM 495 of 495