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Agenda 10-04-11 Searchable The City of 100 E. Boynton Beach Boulevard ● (561) 742-6000 Boynton Beach Boynton Beach TUESDAY, OCTOBER 4, 2011 6:30 PM FINAL AGENDA City Commission AGENDA Jose Rodriguez Mayor – At Large William Orlove Vice Mayor – District I Woodrow Hay Commissioner – District II Steven Holzman Commissioner – District III Marlene Ross Commissioner – District IV Lori LaVerriere Interim 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 355 1. OPENINGS A. Call to order - Mayor Jose Rodriguez B. Invocation C. Pledge of Allegiance to the Flag led by Commissioner 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. Announcement of Sunday Funday on Sunday, October 9, 2011. B. Announcement of the Downtown Open Market on Sunday, October 16, 2011. C. Proclamation the Month of October as National Arts and Humanities Month for the City of Boynton Beach D. Recognize the City Hall Painting Project sponsors. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Approve the purchase of 15 AED's at the state contract rate from Cardiac Science of $1,369 each, for a total expenditure of $20,535 to be paid from the State Law Enforcement Trust Fund 3 of 355 B. Accept the FY 2010 -11 Budget Status Report of the General Fund & Utility Fund Revenues & Expenditures for the eleven (11) month period ended August 31, 2011. C. PROPOSED RESOLUTION NO. R11-111 - Approve the temporary road closing of Federal Highway on December 3, 2011 for the Holiday Parade and authorize the City Manager (or designee) to apply for the state permit for the temporary road closure. D. PROPOSED RESOLUTION NO. R11-112 - Approve amendment to the Youth Empowerment Center services agreement with Catrina Lyons (R11-047), Facilitator for One-eighty for Girls Violence Prevention Project (the "Provider") to continue to offer programs at the Boynton Beach Youth Empowerment Center (YEC) through October 20, 2011. E. Approve a written assurance confirming the City of Boynton Beach will fulfill all requirements necessary for Certified Local Government certification. F. Approve the minutes from the City Commission regular meeting held on September 20, 2011 7. BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION NO. R11-113 - (1) Approve Final Closeout Change Order to Construction Services Agreement with Felix Associates, LLC to exceed the Commission authorized project amount of $3,420,857.00 by an additional $11,874.66 for the Raw Water Main Interconnect, Section A Project for a final project total of $3,432,731.66. and (2) Approve the final payment to the contractor of $58,507.29. B. (1) Reject the seven (7) highest bids the City received in response to the Invitation to Bidders (2) PROPOSED RESOLUTION NO. R11-087 - Award a contract for Bid #059-2821- 11/TWH ”Regional Lift Station at Pence Park” to Wharton-Smith, Inc. of Sanford, Florida with a Bid price of $812,000, also approve an owner’s contingency of 10% of the amount of $81,200 for a total funding authorization of $893,200. - (TABLED 8/16/11 & 9/6/11 & 9/20/11) Recommend item remain tabled until 10/18/11 C. Approve changes to the Annual Bid for Landscape Maintenance, original Bid #054- 2730-08/JA, to redistribute maintenance locations and tasks to second lowest bidders, due to the closing of one of the awarded vendors. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 4 of 355 A. PROPOSED ORDINANCE NO. 11-026 - FIRST READING - Approve Habitat for Humanity (LUAR 11-001) reclassifying subject property from Public and Private Governmental/Institutional (PPGI) to Moderate Density Residential (MoDR). Applicant: Michael Campbell B. PROPOSED ORDINANCE NO. 11-027 - FIRST READING - Approve Habitat for Humanity (LUAR 11-001) rezoning subject property from R-1-A (Single-family Residential District) to R-1 (Single-family Residential District). Applicant: Michael Campbell C. PROPOSED ORDINANCE NO. 11-022 - SECOND READING - Amending Section 26-9 of the City's Code governing water and wastewater rates that will implement a revised rate structure effective November 1, 2011 10. CITY MANAGER’S REPORT A. Continue discussions of Downtown development options focusing on possible relocation or renovation of existing Police Department and / or City Hall facilities. 11. UNFINISHED BUSINESS A. Approve the job description, qualifications, and process timelines for City Manager search. 12. NEW BUSINESS None 13. LEGAL A. PROPOSED ORDINANCE NO. 11-023 - SECOND READING - PUBLIC HEARING - Amend the Land Development Regulations (LDR) to 1) allow Indoor Athletic Instruction / Training establishments in the M-1 zoning district without limiting their size or restricting their location to multiple-tenant buildings on properties fronting on arterial or collector roadways; 2) change the definition of Indoor Athletic Instruction / Training to emphasize athletic activities; and 3) expand the definition of Indoor Entertainment to include indoor playground and play centers. Applicant: City-initiated. B. PROPOSED ORDINANCE NO. 11-024 - SECOND READING - PUBLIC HEARING - Amend the Land Development Regulations (LDR) to clarify the methodology used to calculate the maximum wall signage allowed for any given building or tenant space. Applicant: City-initiated. C. PROPOSED ORDINANCE NO. 11-025 - SECOND READING - PUBLIC HEARING - Changing all references in the City's Code of Ordinances and any other City records from "Boat Club Park" to know be known as "Harvey E. Oyer, Jr. Park" as previously approved by the City Commission. 5 of 355 D. PROPOSED ORDINANCE NO. 11-028 - FIRST READING - Approve repealing the City's firearm regulations for consistency with Chapter 2011-109, Laws of Florida, which preempts firearm laws and regulation to the State. E. PROPOSED ORDINANCE NO. 11-029 - FIRST READING - draft Lobbyist Registration and Disclosure of Lobbying Activity Ordinance. F. Request for closed door session to be held at 5:45 p.m. on October 18, 2011 regarding BOYNTON BEACH MAUSOLEUM, INC., Plaintiff/Counter-Defendant, vs. CITY OF BOYNTON BEACH, Defendant/Counter-Plaintiff/Third-Party Plaintiff, vs. BOCA RATON MAUSOLEUM, INC., Third-Party Defendant. - Case No. 502008CA030196XXXXMB(AB) 14. FUTURE AGENDA ITEMS A. Revisions to restrictions for vehicle size in residential districts - 10/18/11 B. Draft Economic Development Plan for the City of Boynton Beach - 10/18/11 C. Report from Branding Committee - 10/18/11 15. ADJOURNMENT NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CITY CLERK'S OFFICE (561) 742-6060 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CITY'S WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE CITY'S WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. 6 of 355 3. A ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS October 4, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 4, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC:Announcement of Sunday Funday on Sunday, October 9, EQUESTED CTION BY ITY OMMISSION 2011. ER: Sunday, October 9, 2011 On , the Boynton Beach CRA will present the XPLANATION OF EQUEST first in the series of Sunday Funday’s at the Boynton Harbor Marina. The theme of the October event is “Fall Festival” . This FREE event will take place from 1:00 to 4:00 and activities will include a PM PM petting zoo, pumpkin painting and face painting. Adults can enjoy live music by Wildfire and “Octoberfest” food and drink provided by Two Georges Waterfront Grille. There is ample parking onsite and on the NE corner of N. Federal Hwy. and Ocean Avenue. No pets please. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: Budgeted in line item 02-58500-480. ISCAL MPACT A: LTERNATIVES 7 of 355 3. B ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS October 4, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 4, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC:Announcement of the Downtown Open Market on EQUESTED CTION BY ITY OMMISSION Sunday, October 16, 2011. ER: Sunday, October 16, 2011 On , the Boynton Beach CRA will present the XPLANATION OF EQUEST first in the series of Downtown Open Market’s at the Civic Center and the surrounding outdoor area. This FREE event will take place from 11:00PM to 6:00PM. and features handmade indie crafts, vintage goods, art and specialty pet items. To add a little more excitement, Gourmet Food Trucks will be on-site providing the food and drinks. There is ample FREE parking onsite. No pets please. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: Budgeted in line item 02-58500-480. ISCAL MPACT A: LTERNATIVES 8 of 355 3. C ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS October 4, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 4, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC:Proclamation the Month of October as National Arts and EQUESTED CTION BY ITY OMMISSION Humanities Month for the City of Boynton Beach ER: The month of October has been recognized as National Arts and Humanities XPLANATION OF EQUEST Month by thousands of arts and cultural organizations, communities and states throughout the country. Cities, counties, and states through their local and state agencies and representing thousands of cultural organizations, have celebrated the value and importance of culture in the lives of Americans and the health of thriving communities during National Arts and Humanities Month. In October 2005, the City of Boynton Beach adopted an Art in Public Places Program and supports the program through the guidance and authority of the Arts Commission, which has consistently recognized the importance of this industry. Barbara Ready, Arts Commission Chair, will accept the declared proclamation. H? This Proclamation will help raise awareness of Arts OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES and Culture in the City of Boynton Beach. FI: Increased awareness of Arts and Culture in the City of Boynton Beach will contribute to the ISCAL MPACT growth in economic development. A: Not todeclare a proclamation for the Month of October as National Arts and Humanities LTERNATIVES Month for the City of Boynton Beach 9 of 355 P R O C L A M A T I O N The month of October has been recognized as National Arts and Humanities Month by thousands of arts and cultural organizations, communities and states throughout the country, as well as by the White House and for more than two decades. The arts and humanities affect every aspect of life in America today, including the economy, social problem solving, job creation, education, creativity community livability and cultural tourism. Cities, counties, and states through their local and state agencies and representing thousands of cultural organizations, have celebrated the value and importance of culture in the lives of Americans and the health of thriving communities during National Arts and Humanities Month. The Americans for the Arts Economic Prosperity Study III, reports $166.2 billion in total economic activity has a significant national impact, generating the following:  $ 5.7 million full-time equivalent jobs  $104.2 billion in household income  $ 7.9 billion in local government tax revenues  $ 9.1 billion in state government tax revenues  $ 12.6 billion in federal income tax revenues This strengthens our local economy by generating $209.1 million in economic impact and supported 4,812 full time equivalent jobs in one year alone. Since October 5, 2005, the City of Boynton Beach adopted and supports its Art in Public Places program and through the guidance and authority of the Arts Commission has consistently recognized the importance of this industry. Now, therefore, I, Jose Rodriguez, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, proclaim the month of October as: “National Arts and Humanities Month” in Boynton Beach and urge that citizens participate and celebrate the arts and humanities. 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 4th day of October two thousand and eleven. _______________________ Jose Rodriguez, Mayor ATTEST: __________________________ Janet M. Prainito, CMC, City Clerk 10 of 355 11 of 355 12 of 355 3. D ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS October 4, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 4, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC:Recognize the City Hall Painting Project sponsors. EQUESTED CTION BY ITY OMMISSION ER: Mayor Jose Rodriguez would like to recognize and show XPLANATION OF EQUEST appreciation to the sponsors of the City Hall Painting Project this summer 2011. The sponsors were:  Frankie’s Café  Ace Hardware of Boynton Beach  Solid Waste Authority of PBC  REG Associates H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: N/A LTERNATIVES 13 of 355 5. A ADMINISTRATIVE October 4, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 4, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC:Appoint eligible members of the community to serve in EQUESTED CTION BY ITY OMMISSION vacant positions on City advisory boards ER: The attached list contains the names of those who have applied for XPLANATION OF EQUEST vacancies on the various Advisory Boards. A list of vacancies is provided with the designated Commission member having responsibility for the appointment to fill each vacancy. H? Appointments are necessary to keep our OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Advisory Boards full and operating as effectively as possible. FI: None ISCAL MPACT A: Allow vacancies to remain unfilled. LTERNATIVES 14 of 355 15 of 355 16 of 355 17 of 355 18 of 355 19 of 355 20 of 355 21 of 355 22 of 355 6. A CONSENT AGENDA October 4, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 4, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC:Approve the purchase of 15 AED's at the state contract EQUESTED CTION BY ITY OMMISSION rate from Cardiac Science of $1,369 each, for a total expenditure of $20,535 to be paid from the State Law Enforcement Trust Fund ER: The police department has 10 AED’s of which, 5 are not currently XPLANATION OF EQUEST working. We have looked into repairing the non-operable units and found the cost of repair is greater than purchasing a new unit. We would also like to purchase 5 new AED’s so we have a working unit at each substation location throughout the city. The needs of the department are to have at least 10 working units assigned to Road Patrol in order to best serve our citizen population and a working AED at each substation should the need arise. H? Road patrol officers will be better OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES equipped to respond to medical emergencies which in turn will increase the likelihood of saving lives. FI: Funds in the amount of $20,535.00 would be taken from the State Law ISCAL MPACT Enforcement Trust Fund account which currently shows a balance of $261,680.77. Florida State Statute 932.7055 provides that when a law enforcement agency seizes property or currency pursuant to the state forfeiture statutes, the proceeds are deposited into a Law Enforcement Trust Fund. The funds may be expended for law enforcement purposes upon request of the chief of police to the governing body of the municipality. This expenditure meets the requirements of the statute in that the law enforcement purpose is clear and this type of expenditure has not appeared in our budget at any point. A: Not to replace the non-operable units and not to purchase new units. LTERNATIVES 23 of 355 24 of 355 25 of 355 26 of 355 27 of 355 28 of 355 29 of 355 30 of 355 31 of 355 32 of 355 33 of 355 34 of 355 35 of 355 36 of 355 37 of 355 38 of 355 39 of 355 40 of 355 41 of 355 42 of 355 43 of 355 44 of 355 45 of 355 46 of 355 47 of 355 48 of 355 49 of 355 50 of 355 51 of 355 52 of 355 53 of 355 6. B CONSENT AGENDA October 4, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 4, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC:Accept the FY 2010 -11 Budget Status Report of the EQUESTED CTION BY ITY OMMISSION General Fund & Utility Fund Revenues & Expenditures for the eleven (11) month period ended August 31, 2011. ER:This report summarizes the estimated funding sources and the XPLANATION OF EQUEST adopted expenditure budgets for the City’s General Fund and Utility Fund for the eleven (11) month period ended August 31, 2011 (92% of the fiscal year). The analysis compares  Actual results for the current period to the annual budget and  Actual results for the same period of the prior year annual budget. H? The annual budget is what provides and OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES controls the resources for City programs and services. FI:The annual budget and results to date for the General Fund and Utility Fund ISCAL MPACT follow. GENERAL FUND 54 of 355 FY 2011FY 2010FY 2011 vs. 2010 Annual Annual Actual to DateActual to Date BudgetActual BudgetBudget Amount%Amount%%% Revenues & Transfers$ 68,551$ 66,07596%$ 70,517$ 67,236 95%-3%-2% Expenditures$ (68,551)$ (62,731)92%$ (70,517) $ (65,709)93%-3%-5% Excess (Deficit)$ - $ 3,344$ -$ 1,527 Revenues & Transfers (Exhibit A) – Budgeted Funding Sources: Property taxes and other revenues only provide funding sources of $41.5 M or 60% of our total $68.5 M General Fund budget estimate for FY 2011. Transfers from other funds (non-revenues) provide $27.0 M or a large 40% of the total funding sources to balance our $68.5 M General Fund budgeted expenditures. These three major estimated funding sources are summarized as follows: 1. 32% - $ 22.1 M – Property taxes less Tax Increment Financing to the CRA 2. 28% - $ 19.4 M – All other revenues 3._40% - $ 27.0 M – Transfers from other funds 100% - $ 68.5 M – Total funding sources While the property tax rate remained the same in both FY 2011 and FY 2010, the property taxes levied of $22.1 M in FY 2011 represent a 14.2% decrease in property tax revenue or a decline of $3.7 M from FY 2010. To balance the budget in FY 2011, it required transfers from other funds of $27.0 M representing 40% of all funding sources. Actual Funding Sources Realized: For the eleven months in FY 2011, revenues and transfers realized are $ 66.0 M or 96% of the budget estimate compared to 95% realized to date in FY 2010. Property Taxes: To date, as noted on Exhibit A, net property taxes actually received are $21.7 M (98% of the annual estimate) for FY 2011. While, this was $25.8 M in FY 2010 to date, the reduction is due to the budgeted tax decrease mentioned above. The percentage received to date in both years varies by 2%, currently 98% and 100% in the fiscal prior year. Realization of the remaining balance of $392,250 is largely dependent on payment of delinquent property taxes which is an unknown at this point Other Revenues: The three major revenue sources other than property taxes are Franchise Fees (running behind at 82% collected), State shared revenues (on target at 99% collected), and Public Safety revenues (slightly ahead at 96%). In total, they appear on target. Several smaller revenue categories have already exceeded their annual budget estimate at this 92% point in the fiscal year. These include the following with the % of the total annual revenue estimate noted:  108% - Business taxes  250% - Building permits  133% - General government charges for services  301% - Code violations 55 of 355  247% - Miscellaneous revenues In total, they could offset any estimated property taxes not received. Transfers From Other Funds: Current practice is to transfer 1/12 of the budgeted transfers from other funds each month. This will result in 100% realization of this funding source for the year. Expenditures (Exhibit B) Budgeted Expenditures: Overall, appropriations decreased approximately 3% from $70.5 M to $68.5 M. The decrease impacted all departments with the larger decreases coming from Fire and Building departments Actual Expenditures – General Fund expenditures for the eleven month period ending August 31 (92% of the fiscal year) are $ 62.7 M that is 92% of the $68.5 M expenditure appropriation for FY 2011. Overall, the expenditures are on target at this 92% point of the fiscal year. The table at the top of Exhibit B displays actual expenditures of $ 62.7 M or 92% of the FY 2011 budget. At 92%, we are behind in spending levels compared to the 93% actual spending levels in FY 2010 for this same period. Police and Fire represent over 61% of the total $68.5 M FY 2011 budget. The Police spending level year-to-date is 93% and Fire is 94%, which is 1% less for both at the same point for the prior fiscal year. If they continue spending at that pace, they may exceed their budgets. UTILITY FUND The FY 2011 annual expenditure budget of $31.9 M represents a 2% decrease from the FY 2010 budget of $32.4 M. The operational forecast may yield an estimated $4.3 M fund balance increase for the year based on the budget. For the eleven months in FY 2011,  Revenues realized are $ 31.3 M (98%) of the annual budget estimate.  Expenditures incurred are $28.7 M (90%) of the annual appropriated budget. This results in an excess of revenues over expenditures of $ 2.6 M. FY 2011FY 2010FY 2011 vs. 2010 Annual Annual Actual to DateActual to Date BudgetActual BudgetBudget Amount%Amount%%% Revenues & Transfers$ 31,967$ 31,36698%$ 32,465$ 30,949 95%-2%1% Expenditures$ (31,967)$ (28,710)90%$ (32,465) $ (28,738)89%-2%0% Excess (Deficit)$ - $ 2,656$ -$ 2,211 The following provides brief comments on revenues and expenditures to date. 56 of 355 Revenues (Exhibit C) - The $ 31.3 M in FY 2011 actual revenues and fund balance increase are slightly ahead of the $ 30.9 M to date in FY 2010, because of two factors:  Water Sales - $16.5 M equivalent to 98% of the annual estimate, compared to $15.5 M (100%) at this point in FY2010.  In FY 2011, $ 4.3 M is being recognized as an added increase to fund balance, compared to an added increase of $ 2.4 M in FY2010. These factors should provide for adequate bond debt service coverage. Expenditures (Exhibit D) – Utility Fund FY2011 expenditures to date are $ 28.7 M or 90% of the annual appropriation compared to expenditures of $ 28.7 M or 89% for the prior fiscal year. All major areas with the exception of Public Water Treatment are operating within their budgets. A: Discuss this Budget Status Report or request clarification at the City LTERNATIVES Commission meeting. 57 of 355 58 of 355 59 of 355 60 of 355 61 of 355 6. C CONSENT AGENDA October 4, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 4, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC:PROPOSED RESOLUTION NO. R11-111 - Approve the EQUESTED CTION BY ITY OMMISSION temporary road closing of Federal Highway on December 3, 2011 for the Holiday Parade and authorize the City Manager (or designee) to apply for the state permit for the temporary road closure. ER: Approve the temporary road closing on December 3, 2011 for the XPLANATION OF EQUEST Holiday parade and authorize the City Manager (or designee) to apply for state permits for temporary road closing of Federal Highway from Boynton Beach Boulevard south to Woolbright Road for the annual Holiday Parade. H? The annual Holiday Parade is scheduled OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES to take place on Saturday, December 3, 2011 at 5:00pm traveling north on Federal Highway in the southbound lane. It will be necessary to temporarily close Federal Highway beginning at 2:30pm on December 3, 2011 from Boynton Beach Boulevard south to Woolbright Road to provide for the safety of the participants and citizens who attend this event. Pursuant to Chapter 14-65, Florida Administrative Code, the Florida Department of Transportation requires local governments to submit a Request for Temporary Closing/Special Use of State Road along with a Resolution authorizing the special event. The permit for the temporary road closing will be denied without the Resolution. FI: None. ISCAL MPACT A: Cancel the annual Holiday Parade. LTERNATIVES 62 of 355 RESOLUTION NO. R11 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE TEMPORARY CLOSING OF FEDERAL HIGHWAY ON DECEMBER 3, 2011, FOR THE ANNUAL HOLIDAY PARADE AND AUTHORIZING THE INTERIM CITY MANAGER OR HER DESIGNEE TO APPLY FOR STATE PERMITS FOR THE TEMPORARY ROAD CLOSING; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City of Boynton Beach’s annual Holiday Parade is scheduled to be held on Saturday, December 3, 2011 at 5:00 p.m.; and WHEREAS , in order to provide for the safety of the participants and citizens attending the Holiday Parade, Federal Highway will be required to be closed from Boynton Beach Boulevard south to Woolbright Road beginning at 2:30 p.m.; and WHEREAS, the Florida Department of Transportation requires the local government to authorize all temporary road closures on state roadways; and WHEREAS , the City Commission of the City of Boynton Beach desires to authorize the temporary closing of Federal Highway from Boynton Beach Boulevard south to Woolbright Road on December 3, 2011, to provide for the safety of the participants and citizens attending the Holiday Parade; and WHEREAS, the Interim City Manager is authorized to apply for the permit for temporary closing of state roads for special events, pursuant to Chapter 14-65, Florida Administrative Code, for said temporary closings; 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. That the City Commission of the City of Boynton Beach authorizes the temporary closing of Federal Highway from Boynton Beach Boulevard south to Woolbright Road commencing at 2:30 p.m. on Saturday, December 3, 2011, for the annual Holiday Parade. Section 3. The Interim City Manager is hereby authorized to apply for permits from the Florida Department of Transportation pursuant to Chapter 14-65, Florida Administrative Code, for said temporary closings. Section 4. That this Resolution will become effective immediately upon passage. 63 of 355 PASSED AND ADOPTED this _____ day of October, 2011. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez _______________________________ Vice-Mayor – William Orlove ________________________________ Commissioner – Woodrow L. Hay _______________________________ Commissioner – Steven Holzman _______________________________ Commissioner – Marlene Ross ATTEST: _____________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 64 of 355 65 of 355 6. D CONSENT AGENDA October 4, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 4, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC:PROPOSED RESOLUTION NO. R11-112 - Approve EQUESTED CTION BY ITY OMMISSION amendment to the Youth Empowerment Center services agreement with Catrina Lyons (R11-047), Facilitator for One-eighty for Girls Violence Prevention Project (the "Provider") to continue to offer programs at the Boynton Beach Youth Empowerment Center (YEC) through October 20, 2011. TERM: The term of the engagement under this agreement began May 31, 2011 and shall continue until October 20, 2011. ER: At the November 3, 2010 Commission Meeting, the Interlocal Agreement XPLANATION OF EQUEST (ILA) with the Board of County Commissioners was authorized, which allowed the City to receive funding from the Palm Beach County Criminal Justice Commission’s Gang Prevention and Intervention Grant in the amount of $71,352.75 to support the Boynton Beach Youth Empowerment Center. The Interlocal Agreement expires on April 1, 2012. Following the grant award approval and execution of the Interlocal Agreement, several providers were contracted to provide various gang prevention and intervention programs. Due to an administrative oversight, Catrina Lyons was contracted to teach skills on how to deal with anger management, conflict resolution, improved communications and socialization (R11-047) through July 10, 2011. The correct agreement end date should have been October 20, 2011. 66 of 355 H? This is simply a correction of this OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES administrative oversight. Programming will not be affected. The One-eighty Violence Prevention Project is designed to reduce the risk of violence among girls who display risk factors for violence. Youth will learn skills on how to deal with anger management, conflict resolution, improved communications and socialization. FI: No additional funds are requested. The County has approved the funding for ISCAL MPACT the YEC service providers. City Commission approved $2,700 for One-eighty Violence Prevention Project on April 5, 2011 to run their program, which will cover expenses through October 20, 2011. All expenses submitted for reimbursement will fall within the approved budget. The City will be reimbursed via the County for all expenses incurred. Funds have been budgeted in account #105-3320-572-49-17 in the amount of $72,353 which includes the cost of services agreements for the Gang Prevention and Intervention Grant. A: Not approve the Service Provider agreement amendment. LTERNATIVES 67 of 355 RESOLUTION R11- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE INTERIM CITY MANAGER AND CITY CLERK TO EXECUTE AN ADDENDUM TO A YOUTH EMPOWERMENT CENTER SERVICES AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA, AND CATRINA LYONS, FACILITATOR FOR ONE-EIGHTY FOR GIRLS VIOLENCE PREVENTION PROJECT CORRECTING THE TERM TO OCTOBER 20, 2011; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on April 5, 2011, the City Commission approved a Youth Empowerment Center Services Agreement between the City of Boynton Beach and Catrina Lyons, Facilitator for One-eighty for Girls Violence Prevention Project; and WHEREAS , the term of the Services Agreement should have been until October 20, 2011 rather than the end date of July 10, 2011 as reflected in the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve and authorize the Interim City Manager and City Clerk to execute an Addendum to a Youth Empowerment Center Services Agreement with Catrina Lyons, Facilitator for One-eighty for Girls Violence Prevention Project, correcting the term to October 20, 2011, a copy of the Addendum to Service Agreement is attached hereto and made a part hereof as Exhibit “A” Section 3. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this ___ day of October, 2011. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – William Orlove 68 of 355 ______________________________ Commissioner – Woodrow L. Hay ______________________________ Commissioner – Steven Holzman ______________________________ ATTEST: Commissioner – Marlene Ross _____________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 69 of 355 ADDENDUM TO SERVICES AGREEMENT FOR Youth Empowerment Center This Second Addendum shall take effect on signature by both parties. THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, hereinafter referred to as "CITY", and Catrina Lyons, Facilitator for One-eighty for Girls Violence Prevention Project, with an address of 5700 Strawberry Lakes Circle, Lake Worth, FL 33463, hereinafter referred to as "PROVIDER". WITNESSETH: 1.The Agreement between the CITY and the PROVIDER approved by the City Commission on April 5, 2011, via Resolution R11-047 is amended as set forth below. 2.All other terms and conditions of the Agreement not specifically amended shall remain in full force and effect for the balance of the term of the agreement. In consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, CITY and DEVELOPER agree as follows: 3. Term. The term of the engagement under this Agreement shall commence on the dated executed by the later of Provider and City (the “Effective Date”) and shall continue until October 20, 2011 subject to renewal or termination as provided in this Agreement. This Agreement may be renewed upon the sole discretion of the City subject to available funding and provided that the Interlocal Agreement with Palm beach County is renewed or extended. 70 of 355 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY BY:____________________________ Lori LaVerriere, Interim City Manager ATTEST: APPROVED AS TO FORM: _______________________ __________________________ Janet M. Prainito, MMC James A. Cherof, City Attorney City Clerk STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared Lori LaVerriere, as Interim City Manager of the City of Boynton Beach, Florida, and acknowledged he executed the foregoing Agreement for the use and purposes mentioned in it, and that the instrument is his act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this ___ day of _______ 2011. _____________________________ NOTARY PUBLIC My Commission Expires: 71 of 355 WITNESSES: _________________ BY:__________________________ Catrina Lyons, Facilitator _________________ One-eighty for Girls Violence Prevention Project STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared Catrina Lyons, facilitator for One-eighty for Girls Violence Prevention Project, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it, and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this ___ day of _______ 2011. _______________________________ NOTARY PUBLIC My Commission Expires: 72 of 355 6. E CONSENT AGENDA October 4, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 4, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC:Approve a written assurance confirming the City of EQUESTED CTION BY ITY OMMISSION Boynton Beach will fulfill all requirements necessary for Certified Local Government certification. ER: On December 7, 2010, the Historic Preservation Ad Hoc XPLANATION OF EQUEST Committee presented a number of recommendations to the City Commission for the ongoing development of the City’s Historic Preservation Program. One recommendation was the pursuit of Certified Local Government (CLG) certification. The CLG program is a preservation partnership between local, state and national governments focused on promoting historic preservation at the grass roots level. The program is jointly administered by the National Park Service and the State Historic Preservation Office. The benefits of certification include eligibility to compete for the portion of federal funds annually allocated to the State Historic Preservation Office for CLGs, direct participation in the review and approval of nominations to the National Register, technical training and assistance, and formal recognition that a community's Historic Preservation Program meets state and federal standards. CLG certification also shows the City’s commitment to the protection of its historic resources. To obtain CLG certification, applicants must meet certain requirements which include enforcing legislation for the designation and protection of historic resources (normally in the form of a local ordinance), establishing a qualified historic preservation review commission, maintaining a system for the survey and inventory of historic resources, providing for public participation in the local Historic Preservation Program (including participation in the National Register process), and following any additional requirements as outlined in the State's Procedures for Certification. 73 of 355 To obtain certification, an application is submitted to the Bureau of Historic Preservation in Tallahassee. The application must include, among other items, a copy of the historic preservation legislation, a copy of the Historic Resources Preservation Board Rules of Procedure, and a written assurance from the chief elected local official that the City will fulfill all of the requirements for certification. Upon receiving the requested written assurance, the application for CLG certification can be submitted. The State Office is currently conducting a courtesy review of the City’s existing historic preservation legislation and the proposed Rules of Procedure. It is likely both will require some amendments to meet CLG requirements; however, the CLG application can proceed while any required changes are being made and adopted. H? CLG certification will further the City’s OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Historic Preservation Program and confirm the program meets state and federal standards. FI: When certification is approved, the City will be eligible to compete for the ISCAL MPACT portion of federal funds annually allocated to the State Historic Preservation Office for CLGs. A: Not approve the subject request. LTERNATIVES 74 of 355 September 19, 2011 Survey and Registration Section Bureau of Historic Preservation R.A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 Re: Certified Local Government Program To whom it may concern: By this application, the City of Boynton Beach respectfully requests certification as a Florida Certified Local Government. The City of Boynton Beach will continue to enforce appropriate local and state legislation for the designation and protection of historic properties and districts, maintain a qualified Historic Resources Preservation Board, provide for adequate public participation in the local historic preservation program including the recommendation of any eligible properties for nomination to the National Register of Historic Places, and perform any additional responsibilities required of all Certified Local Governments in the state. Thank you for considering the City of Boynton Beach for the Certified Local Government Program. Sincerely, Jose Rodriguez Mayor 75 of 355 6. F CONSENT AGENDA October 4, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 04, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC:Approve the minutes from the City Commission regular EQUESTED CTION BY ITY OMMISSION meeting held on September 20, 2011 The City Commission met on September 20, 2011 and minutes were prepared from the notes taken at the meetings. 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 76 of 355 77 of 355 78 of 355 79 of 355 80 of 355 81 of 355 82 of 355 83 of 355 84 of 355 85 of 355 86 of 355 87 of 355 88 of 355 89 of 355 90 of 355 91 of 355 92 of 355 93 of 355 94 of 355 95 of 355 96 of 355 97 of 355 98 of 355 99 of 355 7. A BIDS AND PURCHASES OVER $100,000 October 4, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 4, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC:PROPOSED RESOLUTION NO. R11-113 - EQUESTED CTION BY ITY OMMISSION (1) Approve Final Closeout Change Order to Construction Services Agreement with Felix Associates, LLC to exceed the Commission authorized project amount of $3,420,857.00 by an additional $11,874.66 for the Raw Water Main Interconnect, Section A Project for a final project total of $3,432,731.66. and (2) Approve the final payment to the contractor of $58,507.29. ER: On July 7, 2010, the City Commission approved the piggy-backing XPLANATION OF EQUEST of a contract between FP&L and Felix Associates, LLC; and, authorized the execution of a contract between the City and Felix Associates, LLC (FA) to install approximately 7,100 linear feet of 36-inch ductile iron raw water main from the West Water Treatment Plant east along Boynton Beach Boulevard to Military Trail, and south along Military Trail to Woolbright Road. The original purchase order value was $3,109,870.00, and City Commission approved a 10% contingency in the amount of $310,987.00 for a total authorized amount of $3,420,857.00 Of the $310,987.00 Commission approved contingency, $310,886.94 was spent during the course of the project to address unforeseen conditions as discovered during construction, resulting in a remaining contingency balance of $100.06. The $310,886.94 was documented on a total of sixteen (16) Field Change Directives (FCDs) issued by the City. The attached FCD log provides the details for each approved change. Additionally, the 16 FCDs also granted a total time extension of 121 calendar days. Some of the challenges encountered on the project that required the issuance of FCDs included the following: 100 of 355  Installation of an additional 400 linear feet of 36-inch raw water main east along Woolbright Road due to the discovery of an underground contaminated zone from a former gas station at Woolbright Road and Military Trail, per the Florida Department of Environmental Protection (FDEP).  Operation costs for two 400 gpm air sparging units to treat any contaminated soil that was encountered during construction per the FDEP’s requirements.  Groundwater monitoring wells and sampling associated with the contaminated zone at Woolbright Road and Military Trail, also per the FDEP’s requirements.  Additional paving on Boynton Beach Boulevard as required by the Florida Department of Transportation (FDOT) permit, which was received after bids were opened.  Modifications to pull boxes for future fiber optic cables.  Piping conflict with a 15-inch reinforced concrete drainage pipe owned by Palm Beach County. The following is a timeline of the executed FCDs: FCD #1 9/24/10 $ 7,920.50 FCD #2 11/28/10 $ 6,006.94 FCD #3 11/29/10 $ 40,231.34 FCD #4 11/23/10 $ 9,609.20 FCD #5 12/8/10 $ 99,609.20 FCD #6 1/27/11 (time extension only) $ 0.00 FCD #7 2/24/11 $ 8,795.95 FCD #8 2/1/11 $ 24,726.20 FCD #9 2/21/11 $ 7,694.95 FCD #10 4/8/11 $ 2,873.56 FCD #11 4/8/11 $ 4,121.92 FCD #12 4/8/11 (time extension only) $ 0.00 FCD #13 6/1/11 $ 73,289.32 FCD #14 6/1/11 $ 15,121.75 FCD #15 9/7/11 $ 24,424.22 FCD #16 9/7/11 (adjustments to FCD #1, #3 & #13) ($ 13,585.66) TOTAL Use of Contingency Funds $310,886.94 Original Contingency Funding $310,987.00 Contingency Funds Remaining $ 100.06 As noted above, $100.06 remains of the original approved contingency. However, as shown on the Final Application for Payment, quantity overruns totaled $11,974.72 which resulted in a total Commission approved Budget Appropriation overrun of $11,874.66. The final project accounting is as follows: Reconciliation to close Purchase Order #101171 101 of 355 Original Purchase Order Value $ 3,109,870.00 Approved Contingency $ 310,987.00 Total Budget Appropriation $ 3,420,857.00 Final Project Costs $ 3,432,731.66 Net – Exceeds Total Budget $ 11,874.66 The Utilities Department recommends final payment in the amount of $58,507.29 in accordance with the attached Final Application for Payment. H? The Raw Water Main Interconnect OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Section A is now complete. This is part of a critical water supply project in accordance with the City’s Water Use Permit from the South Florida Water Management District. Section A is the first of three sections of a raw water transmission main interconnection to be constructed between the West and East Water Treatment plants. The remaining two sections, Section B and Section C, will be bid in early 2012. FI: Funds are available in Account #404-5000-590.96-01 WTR136. ISCAL MPACT In conjunction with this project, the City Commission approved the pre-purchase of 7,800 linear feet of 36-inch ductile iron pipe on July 20, 2010 at a cost of $941,471.00, resulting in a savings of $56,488.00 to the City in sales tax exemptions. A: Since the work has been completed, there is no alternative. LTERNATIVES 102 of 355 RESOLUTION NO. R11- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING FINAL CLOSEOUT CHANGE ORDER TO CONSTRUCTION SERVICES AGREEMENT WITH FELIX ASSOCIATES, LLC., TO ADDRESS UNFORESEEN CONDITIONS AS DISCOVERED DURING CONSTRUCTION OF THE RAW WATER MAIN INTERCONNECT, SECTION A PROJECT (BID #065-2821-10/TWH); INCREASING THE CONTRACT AMOUNT BY $11,874.66 FOR A TOTAL PROJECT CONSTRUCTION COST OF $3,420,857.00 (INCLUDING THE ORIGINAL CONTINGENCY OF $310,987.00); AND PROVIDING AN . EFFECTIVE DATE WHEREAS, the City of Boynton Beach has reviewed the Final Closeout Change Order to Construction Services with Felix Associates, LLC., to address unforeseen conditions as discovered during construction of the Raw Water Main Interconnect, Section A Project (Bid #065-2821-10/TWH) increasing the original contract amount by $11,874.66 for a total project construction cost of $3,420,857.00, including the original contingency of $310,987.00 and has determined that the contract changes set forth therein are both necessary and appropriate. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT : Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the approval and execution of the Final Closeout Change Order to Construction Services with Felix Associates, LLC., to address unforeseen conditions as discovered during construction of the Raw Water Main Interconnect, Section A Project (Bid #065-2821-10/TWH) increasing the original contract amount by $11,874.66 for a total project construction cost of $3,420,857.00, including the original contingency of $310,987.00, a copy of the Final Closeout Change Order is attached hereto as Exhibit “A”. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of October, 2011. 103 of 355 CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – William Orlove ______________________________ Commissioner – Woodrow L. Hay _______________________________ Commissioner – Steven Holzman _______________________________ Commissioner – Marlene Ross ATTEST: _____________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 104 of 355 105 of 355 106 of 355 107 of 355 108 of 355 109 of 355 7. B BIDS AND PURCHASES OVER $100,000 October 4, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 4, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC:(1) Reject the seven (7) highest bids the City received in EQUESTED CTION BY ITY OMMISSION response to the Invitation to Bidders (2) PROPOSED RESOLUTION NO. R11-087 - Award a contract for Bid #059-2821-11/TWH ”Regional Lift Station at Pence Park” to Wharton-Smith, Inc. of Sanford, Florida with a Bid price of $812,000, also approve an owner’s contingency of 10% of the amount of $81,200 for a total funding authorization of $893,200. - (TABLED 8/16/11 & 9/6/11 & 9/20/11) Recommend item remain tabled until 10/18/11 ER: Ten (10) bids were received and opened by Procurement Services XPLANATION OF EQUEST on June 23, 2011 and copies of the bid proposals were submitted to the Utilities Department and the City’s Design Professional for this project, the Wantman Group, Inc. (WGI) for review and evaluation. After having performed an initial administrative evaluation of the 10 bids received, the Utilities Department is recommending, in accordance with the Instruction To Bidders, Section 25 RIGHTS OF THE CITY, subsection 25.3 that the City Commission reject seven (7) of the bids based on price. The seven (7) bids were received from the following bidders: Bidders Bid Value GlobeTec Construction, LLC $890,025.00 Centerline Utilities, Inc. $983,075.00 TLC Diversified, Inc. $1,073,925.00 Cardinal Contractors, Inc. $1,108,512.00 Murray Logan Construction $1,168,000.00 H. A. Contracting, Corp. $1,207,672.00 Lanzo Construction, Co. $1,212,825.00 110 of 355 A documented Bid Evaluation – Due Diligence review, based on the Selection Criteria identified in the Instruction To Bidders, Section 26 SELECTION CRITERIA, subsections 26.1.1 through 26.1.10 was initially performed by the Wantman Group, Inc. on the two (2) low bidders as follows: Bidders Bid Value Hinterland Group, Inc. $784,738.00 Wharton-Smith, Inc. $812,000.00 Since the third low bidder’s price was $92,987.00 or 11.85% higher than the low bidder and $65,725.00 or 8.09% higher than the second low bidder, WGI did not perform the detailed Bid Evaluation – Due Diligence on the third low bidder. The third low bidder was Intercounty Engineering, Inc. with a bid value of $877,725.00. The Engineer’s Cost Opinion for this project is $965,914.69. The value of the bids received for this project ranged from $784,738.00 to $1,212,825.00 and the average bid value is $1,011,849.70. With a bid value of $812,000.00, the Wharton-Smith bid is $153,914.69 below the Engineer’s Cost Opinion and $199,894.70 below the average bid value for this project. In addition to having reviewed and evaluated the bid packages of the two (2) lowest bidders, the City has received the Bid Evaluation – Due Diligence review documentation and recommendation of award from the Wantman Group, Inc. As a result of the detailed Bid Evaluation – Due Diligence performed by the Wantman Group on the two (2) low bidders, it was determined that the lowest bidder Hinterland Group, Inc. appears to be a “very good contractor”. However during the due diligence review of their previous experience in performance of similar projects, the Wantman Group learned that the bulk of Hinterland’s experience has been in the rehabilitation of existing lift stations and not the full scope construction of a large, deep and technologically advanced regional or sub-master lift station. Therefore, after a review of the bid packages from the two (2) lowest bidders and an evaluation of the Wantman Group, Inc. recommendation of award package, the Utilities Department concurs with the Wantman Group’s recommendation to award this contract to Wharton-Smith, Inc. as the lowest, most responsive, responsible bidder who meets all contract document requirements and whose bid represents the most advantageous bid to the City, price and other factors considered. H? The project’s scope consists of the OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES construction of a new regional sanitary lift station in Pence Park to intercept the existing sanitary TH sewer gravity line on SE 6 Avenue, to collect and to pump the wastewater to the South Central Regional Wastewater Treatment Plant through the new 16” and 24” regional force main pipelines constructed in 2010 and 2011. FI: Funds are available as follows: ISCAL MPACT 111 of 355 S1 AccoProject Number Allocation unt Numb er 404- 5000-WR114 00% 590- 96-03 A: None, the Regional Lift Station at Pence Park represents the third and final LTERNATIVES component of the Regional Force Main project. The first component of this project was the Jack and Bore installations under I-95, Woolbright Road and the FEC Railroad tracks. The Jack and Bore Regional Force Main project component was completed in December 2010. The second component of this project was the Open Cut installation of over 20,000 linear feet of 24” force main and 3,500 linear feet of 16” force main forming the new Regional Force Main pipeline system. This pipeline work stretched from the South Central Regional Wastewater Treatment Plant in Delray Beach to East Ocean Avenue here in Boynton Beach. The Open Cut Regional Force Main project pipeline component is nearing its Substantial Completion date of August 9, 2011. 112 of 355 RESOLUTION NO. R11- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, REJECTING THE SEVEN HIGHEST BIDS AND THE LOWEST BID; APPROVING THE AWARD AND EXECUTION BY THE INTERIM CITY MANAGER AND CITY CLERK OF A CONTRACT TO WHARTON-SMITH, INC., FOR BID #059-2821- 11/TWH, FOR “REGIONAL LIFT STATION AT PENCE PARK”, IN THE AMOUNT OF $812,000 WITH AN OWNER’S CONTINGENCY OF 10% IN THE AMOUNT OF $81,200 FOR A TOTAL BUDGET APPROPRIATION OF $893,000; . AND PROVIDING AN EFFECTIVE DATE WHEREAS, on June 23, 2011, Procurement Services received and opened ten (10) bid proposals in response to #059-2821-11/TWH for “Regional Lift Station at Pence Park”; and WHEREAS, the City’s staff and the City’s Design Professional on this project, the Wantman Group, reviewed and evaluated the bid proposals; and WHEREAS, after an initial administrative evaluation of the ten bids, the Utilities Department has recommended that the City Commission reject the seven (7) highest bids ; and WHEREAS, as a result of the bid evaluation-due diligence performed by the Wantman Group, staff is recommending the award of the contract to Wharton-Smith, Inc., of Sanford, Florida who was the 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 with Wharton-Smith, Inc., for Bid #059-2821-11/TWH “Regional Lift Station at Pence Park”, in the amount of $812,000 with an owner’s contingency of 10% in the amount of $81,200 for a total budget appropriation of $893,200. 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 award and authorize execution by the Interim City Manager and City Clerk of a contract with Wharton-Smith, 113 of 355 Inc., for Bid #059-2821-11/TWH “Regional Lift Station at Pence Park”, in the amount of $812,000 with an owner’s contingency of 10% in the amount of $81,200 for a total budget appropriation of $893,200, 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 August, 2011. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – William Orlove ______________________________ Commissioner – Woodrow L. Hay _______________________________ Commissioner – Steven Holzman _______________________________ Commissioner – Marlene Ross ATTEST: _____________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 114 of 355 115 of 355 116 of 355 117 of 355 118 of 355 119 of 355 120 of 355 121 of 355 122 of 355 123 of 355 124 of 355 125 of 355 126 of 355 127 of 355 128 of 355 129 of 355 130 of 355 131 of 355 132 of 355 133 of 355 134 of 355 135 of 355 136 of 355 137 of 355 138 of 355 139 of 355 140 of 355 141 of 355 142 of 355 143 of 355 144 of 355 145 of 355 146 of 355 147 of 355 148 of 355 149 of 355 150 of 355 151 of 355 152 of 355 153 of 355 154 of 355 155 of 355 156 of 355 157 of 355 158 of 355 159 of 355 160 of 355 161 of 355 162 of 355 163 of 355 164 of 355 165 of 355 166 of 355 167 of 355 168 of 355 169 of 355 170 of 355 171 of 355 172 of 355 173 of 355 174 of 355 175 of 355 176 of 355 177 of 355 178 of 355 179 of 355 180 of 355 181 of 355 182 of 355 183 of 355 184 of 355 185 of 355 186 of 355 187 of 355 188 of 355 189 of 355 190 of 355 191 of 355 192 of 355 193 of 355 194 of 355 195 of 355 196 of 355 197 of 355 198 of 355 199 of 355 200 of 355 201 of 355 202 of 355 203 of 355 REGIONAL LIFT STATION BID TITLE: “ AT PENCE PARKPROJECT” 059-2821-11/TWH__________ BID NUMBER: SWR114 PROJECT NUMBER: CITY OF BOYNTON BEACH, FLORIDA CONTRACT FOR CONSTRUCTION SERVICES THIS CONTRACT, made and entered into this _______ day of ________________, 20___, by and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the “CITY” or “OWNER” and _Wharton-Smith, Inc. of Sanford, FL___, 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: REGIONAL LIFT STATION AT PENCE PARK PROJECT WHEREAS, CONTRACTOR, in compliance with the bidding requirements announced by the City, submitted a bid on the _23_ day of _June__, 2011_, for the total bid amount of $__812,000.00_______________; and, WHEREAS, On the ___ day of _________, 2011_, the City Commission designated 204 of 355 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 270 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: 205 of 355 1.AGREEMENT 1.1.The Parties agree that: 1.1.1.The foregoing "Whereas" clauses are true and correct and incorporated herein by this reference. 1.1.2.The CITY hereby hires the CONTRACTOR to provide construction services for completion of the Project. 1.1.3.The CONTRACTOR hereby accepts this Contract and agrees to furnish the necessary labor, tools, equipment, materials and supplies, etc., and to complete the Project by performing all the work as set forth in this Contract and the Contract Documents for the price and amounts set forth in CONTRACTOR’S bid. 1.1.4. CONTRACTOR is an independent contractor as that term is set forth in the General Conditions for Construction GC-2, INDEPENDENT CONTRACTOR. 1.1.5.Unless otherwise provided, all time frames referenced in all Contract 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 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 206 of 355 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. 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 subcontractor’s supplying of material to CONTRACTOR and shall maintain records to establish such 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 that may have been used or worked on by the CONTRACTOR in connection with the project promptly from streets, alleys, parkways and adjacent property 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.Provide all required bonds, insurance certificates and any other required security for performance of the Project within ten (10) days of the Award of the Project. 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 CONTRACTOR’S own cost any damage or injury occurring from any cause resulting 207 of 355 from their acts or omissions, or the acts or omissions of their subcontractors or suppliers. 4. CITY’S OBLIGATIONS 4.1.The CITY shall provide a written Notice to Proceed at the time of the scheduled Pre- Construction Meeting. 4.2.The CITY shall 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, the CITY shall provide a written final acceptance and payment for the entire project. 5. COMMENCEMENT OF WORK 5.1.Prior to commencement of work, the City and Contractor shall negotiate and agree upon Contractor’s per diem direct job site costs and home office overhead costs. The negotiated amounts shall be used for purposes of determining the compensation to be paid to Contractor for a suspension, field change directive, or any other instance wherein GC-23, EXTENSION OF TIME/NO DAMAGES FOR DELAY does not apply. In order to facilitate an agreement as to amount, Contractor agrees to permit the City to audit records which establish Contractor’s direct job site costs and home office overhead. The City and Contractor shall attach an addendum to this Contract which sets forth the negotiated amounts. If the parties are unable to reach an agreement for such costs within 60 days of the City selecting Contractor for the Project, the City shall be entitled to discontinue all discussions with Contractor, select another contractor, or cancel the bid entirely. In such an instance, the awarded Contractor shall not be entitled to receive any funds from City for costs incurred from the time of its bid to the time of the City’s decision not to utilize Contractor’s services. Contractor shall not be entitled to any damages or compensation as a result of Bidder’s reliance on its award of the bid. 5.2.CONTRACTOR hereby agrees to commence work under this contract within ten (10) calendar days of the Commencement Date specified in the written “Notice to Proceed,” 270 and to achieve Substantial Completion without interruption within calendar days thereafter. 5.3.With respect to this Contract, time is of the essence. . In the event the CONTRACTOR shall fail to (1) timely commence the work following Notice to Proceed or (2)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 for 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 of Substantial Completion. 5.4.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 subcontractor that CITY may, within a reasonable time, object to as incompetent or as unfit. 208 of 355 6. LIQUIDATED DAMAGES $2,000.00 6.1.The CONTRACTOR agrees to pay 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 270 achieve Substantial Completion within calendar days from the Commencement Date as indicated in the written “Notice to Proceed”. The CITY shall have the right to deduct such 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 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, and/or 01541 SECURITY AND SAFETY PROCEDURES FOR WATER TREATMENT PLANT PROJECTS. 8. INDEMNIFICATION 8.1.The CONTRACTOR shall indemnify and save harmless and defend the CITY pursuant to the provisions set forth in General Conditions for Construction, GC-26 - INDEMNITY. 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. 9.2.The City reserves the right to negotiate any and all amounts contained in the bidding and contract documents. 10. CHANGES IN THE WORK 10.1 The CITY, without invalidating the Contract, may order extra work or make changes by At the City’s discretion, the City may altering, adding to or deducting from the work. make direct purchases of any 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 209 of 355 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. 10.3 Claim 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 David Brobst, P.E., Wantman Group, Inc. 11.1.The Project Engineer (“Engineer”) is 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. 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. 210 of 355 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 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. SUSPENSION 16.1. In accordance with the General Conditions for Construction GC-19, SUSPENSION, in the event of a suspension, CONTRACTOR agrees that its sole compensation shall be the per diem direct job site overhead as set forth in the Schedule of Bid Items. 211 of 355 CONTRACTOR HEREBY ACKNOWLEDGES THAT HE HAS READ AND UNDERSTANDS THE ABOVE PROVISION. INITIALS 17. DISPUTES 17.1.Disputes shall be resolved as set forth in the General Conditions for Construction GC-18, DISPUTES. 17.2.Upon resolution of a dispute by the Owner, either party may request the appointment of a mediator. 212 of 355 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 CONTRACTOR Signed, sealed and witnessed 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: 213 of 355 BY THIS BOND, We ___________________________________________, as Principal and ________________________________________________, a corporation, as Surety, are bound to City of Boynton Beach, herein called Owner, in the sum of $_____________________________, for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal: 1.Performs the contract dated ___________________________, between Principal and Owner for construction of _________________________________________, the contract being made a part of this bond by reference, at the times and in the manner prescribed in the contract; and 2.Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for the contract; and 3.Pays Owner all losses, damages, expenses, costs, and attorney’s fees, including appellate proceedings, that Owner sustains because of a default by Principal under the contract; and 4.Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. 5.Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes do not affect Surety’s obligation under this bond. 6.This bond is given to comply with Section 255.05 Florida Statutes, and any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. DATED ON __________________________________ __________________________________ (Name of Principal) BY: __________________________________ __________________________________ (Name of Surety) STATE OF FLORIDA COUNTY OF__________________________________, being first duly sworn, deposes and says as follows: He is ____________________ of _____________________________________________, 214 of 355 (Title) (Name of Corporation or Firm) a Florida Corporation (______) Check One a Florida General Partnership (______) a Florida Limited Partnership (______) a Sole Proprietor (______) which is named in Construction Contract dated the _______ day of _______________________, 20____, between said corporation as the CONTRACTOR and the City of Boynton Beach, Florida as the OWNER, for the construction of _________________________________________________ and Affiant is authorized to make this Affidavit as, or on behalf of, the Contractor as named above. Title to all work, materials and equipment covered by the attached Final Application for Payment dated ______________________, passes to the Owner at the time of payment free and clear of all liens, and all laborers, materialmen and subcontractors have been paid for performing or furnishing the work, labor or materials upon said Contract work covered by the aforesaid Final Application for Payment. This statement under oath is given in compliance with Section 713.06 Florida Statutes. ____________________________________ Affiant Sworn to and subscribed before me this ________ day of _____________________, 20___ ________________________________________ Notary Public, State of Florida at Large My Commission expires: (SEAL) END OF WARRANTY OF TITLE 215 of 355 7. C BIDS AND PURCHASES OVER $100,000 October 4, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 4, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC:Approve changes to the Annual Bid for Landscape EQUESTED CTION BY ITY OMMISSION Maintenance, original Bid #054-2730-08/JA, to redistribute maintenance locations and tasks to second lowest bidders, due to the closing of one of the awarded vendors. ER: On September 18th, 2008, the City Commission awarded the XPLANATION OF EQUEST Annual Bid for Landscape Maintenance, Bid #054-2730-08/JA for the purpose of providing landscape maintenance to various City and Park locations. The vendors awarded were First Genesis Lawn Services, Latona View Lawn, Novo Arbor, Superior Landscaping and Vila & Son Landscaping. The Bid was awarded for a one (1) year period (October 1, 2008 – September 30, 2009) with the option for three (3) annual renewals. The current renewal period expires on September 30, 2012. This contract will be advertised for bid in the summer of 2012. The major maintenance locations and tasks were assigned to Vila & Son Landscaping Corporation in the amount of $111,537 for FY2011/12 (see attached break down of service areas and costs). On August 5, 2011, Vila & Son Landscaping Corporation notified the City (see attached letter) that they had stopped operating as a business. Staff contacted the second lowest bidder(s) for the locations that were serviced by Vila & Son Landscaping to determine if they would honor their original pricing. All vendors agreed to honor their pricing from their bid. As a result, the maintenance locations need to be redistributed to the second lowest bidder(s) for the 2011/12 fiscal year. The distribution of services and costs are as follows: 216 of 355  Superior Landscaping $ 329,473  First Genesis Lawn Service Inc. 70,548  Latona View Lawn Care Inc 11,246  Novo Arbor 24,390 TOTAL $ 435,657 The projected FY2011/12 budget for landscape maintenance is $498,526. Redistributing the service along with maintenance reductions that were planned will still allow the Forestry & Grounds Division to meet the projected budget. Maintenance reductions include cutting service frequencies (from 44 mowings per year to 37), elimination of pesticide to general areas, elimination of annual mulching and elimination of palm pruning. H? Only affect will be different vendors OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES providing service. FI: Projected FY2011/12 budget for landscape maintenance is $498,526 in ISCAL MPACT account number 001-2730-572-46-98. No increase is needed as maintenance services were eliminated as indicated above. Additional expenditures are budgeted in the same account for the Quantum Maintenance Agreement pending Commission approval. A: Continue with emergency services until new Bid can be awarded. LTERNATIVES 217 of 355 218 of 355 219 of 355 220 of 355 221 of 355 222 of 355 223 of 355 224 of 355 9. A PUBLIC HEARING October 4, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: OCTOBER 4, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC:PROPOSED ORDINANCE NO. 11-026 - FIRST EQUESTED CTION BY ITY OMMISSION READING - Approve Habitat for Humanity (LUAR 11-001) reclassifying subject property from Public and Private Governmental/Institutional (PPGI) to Moderate Density Residential (MoDR). Applicant: Michael Campbell ER: This request applies to the currently undeveloped 1.02 acre parcel, XPLANATION OF EQUEST thst located at SW 6 Avenue and SW 1 Street. Originally the eastern portion of the First Presbyterian Church property, it was purchased by Habitat for Humanity of South Palm Beach in 2010. Habitat will transfer the property to its Community Land Trust to establish a six-lot single-family subdivision, with five lots to be platted for single-family homes and one designated for green open space. The proposed land use classification of Moderate Density Residential (MoDR) allows for slightly higher maximum density (7.5 dwelling units per acre) than the maximum of 5 units allowed in the Low Density Residential classification prevailing in the surrounding single-family neighborhoods. However, the subject request is not motivated by Habitat’s need for a higher density. Rather, the MoDR classification corresponds with the R-1 zoning designation, which accommodates the targeted lot size the applicant requires for the proposed project. The resulting overall density for the project would be only 4.9 units per acre. A request for rezoning the property to R-1 is being processed concurrently. Staff recommends that the subject request be approved. The Planning and Development Board reviewed the item on September 27, 2011 and forwards it with the recommendation of approval. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES 225 of 355 FI ISCAL MPACT Revenues. Habitat’s homes are expected to appraise at about $112,000, totaling an estimated $560,000 for five proposed units. The annual ad valorem taxes at 7.4 rate would generate $4,144. Other annual revenues would include water, stormwater and sewer fees, at $691, refuse collection fee of $168, and fire assessment fee of $88, for a total projected annual revenue of $5,091. Costs. The necessary services for the property can be provided within the existing capacity of the respective city departments providing these services: no additional capital outlays or increased staffing would be required. The increase in operating costs has not been estimated and it is deemed to be negligible. A: Deny subject request, and maintain the land classified as PPGI. LTERNATIVES 226 of 355 ORDINANCE NO. 11- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN FOR A PARCEL OWNED BY HABITAT FOR HUMANITY OF SOUTH PALM BEACH, INC., AND LOCATED ON THE NORTHWEST CORNER OF SOUTHWEST 6TH AVENUE AND SOUTHWEST 1ST STREET; CHANGING THE LAND USE DESIGNATION FROM PUBLIC AND PRIVATE GOVERNMENTAL/ INSTITUTIONAL (PPGI) TO MODERATE DENSITY RESIDENTIAL (MoDR); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE . WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element pursuant to Ordinance No. 89-38 and in accordance with the Local Government Comprehensive Planning Act; and WHEREAS, the procedure for amendment of a Future Land Use Element of a Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and WHEREAS, after two (2) public hearings the City Commission acting in its dual capacity as Local Planning Agency and City Commission finds that the amendment hereinafter set forth is consistent with the City’s adopted Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend the aforesaid Element of the Comprehensive Plan as provided. 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: Ordinance No. 89-38 of the City is hereby amended to reflect the following: That the Future Land Use of the following described land located on the Northwest corner of thst Southwest 6 Avenue and Southwest 1 Street; changing the land use designation from Public and Private Governmental/Institutional (PPGI) to Moderate Density Residential (MoDR): 227 of 355 THAT PORTION OF LOT 4, SECTION 28, TOWNSHIP 45 SOUTH, RANGE 43 EAST, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 4, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE EAST LINE OF LOT 4, BEING 25 FEET FROM THE SOUTHEAST CORNER OF SAID LOT 4; THENCE N.1º08’32”W., ALONG THE EAST LINE OF SAID LOT 4, A DISTANCE OF 300.75 FEET TO THE SOUTHEAST CORNER OF MANGO HEIGHTS, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 30, PAGE 55, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE N.89º56’19”W., ALONG THE SOUTH LINE OF SAID PLAT OF MANGO HEIGHTS, A DISTANCE OF 123.70 FEET; THENCE S.1º08’32”E., PARALLEL TO THE EAST LINE OF SAID LOT 4, A DISTANCE OF 60.04 FEET; THEN N.89º56’19”W., A DISTANCE OF 18.19 FEET; THENCE S.1º08’32”E., A DISTANCE OF 60.01 FEET; THENCE N.89º56’19”W., A DISTANCE OF 19.53 FEET; THENCE S.1º08’32”E., A DISTANCE OF 120.03 FEET; THENCE S.89º56’19”E., A DISTANCE OF 9.89 FEET; THENCE S.1º08’32”E., A DISTANCE OF 60.83 FEET TO A POINT ON A LINE 25.0 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF SAID LOT 4; THENCE N.90º00’00”E., ALONG SAID PARALLEL LINE, A DISTANCE OF 151.54 FEET TO THE POINT OF BEGINNING. CONTAINING APPROX. 44,514 SQUARE FEET / 1.02 ACRE, MORE OR LESS. Section 3: That any maps adopted in accordance with the Future Land Use Element of the Future Land Use Plan shall be amended accordingly. 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 take effect on adoption, subject to the review, challenge, or appeal provisions provided by the Florida Local Government Comprehensive Planning and Land Development Regulation Act. No party shall be vested of any right by virtue of the adoption of this Ordinance until all statutory required review is complete and all legal challenges, including appeals, are exhausted. In the event that the effective date is established by state law or special act, the provisions of state act shall control. FIRST READING this _____ day of _______________, 2011. SECOND, FINAL READING and PASSAGE this _____ day of ___________, 2011. 228 of 355 CITY OF BOYNTON BEACH, FLORIDA ____________________________ Mayor – Jose Rodriguez _____________________________ Vice Mayor – William Orlove ______________________________ Commissioner – Woodrow L. Hay ______________________________ Commissioner – Steven Holzman ____________________________ Commissioner – Marlene Ross ATTEST: _______________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 229 of 355 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 11- 037 STAFF REPORT TO: Chair and Members Planning and Development Board THRU:Michael Rumpf Planning and Zoning Director FROM:Hanna Matras Senior Planner DATE:September 14, 2011 thst PROJECT NAME/NO: Habitat for Humanity at SW 6 Avenue and SW 1 Street LUAR 11-001 REQUEST: Approve Habitat for Humanity (LUAR 11-001) reclassifying subject property from PPGI (Public and Private Governmental /Institutional) to MoDR (Moderate Density Residential). Applicant: Michael Campbell REQUEST: Approve Habitat for Humanity (LUAR 11-001) rezoning subject property from R-1-A (Single-family Residential District ) to R-1 (Single-family Residential District). Applicant: Michael Campbell PROJECT DESCRIPTION Property Owner/Applicant: Habitat for Humanity of South Palm Beach Agent: Michael Campbell thst Location: SW 6 Avenue and SW 1 Street (abutting First Presbyterian Church); see Exhibit “A” – Location Map Existing Land Use/Zoning: Public and Private Governmental/Institutional (PPGI)/R-1-A Single-family Residential District Proposed Land Use/Zoning: Moderate Density Residential (MoDR)/R-1 Single-family Residential District Proposed Use: Single-family residential Acreage: 1.02 acres Adjacent Uses: North: Developed single-family homes of the Mango Heights subdivision, classified Public and Private Governmental/Institutional (PPGI) and zoned R-1-A, Single-family Residential District; 230 of 355 th South: Right-of-way of SW 6 Avenue, and farther south, developed single- family homes of the Mc Donald Park subdivision, classified Low Density Residential (LDR) and zoned R-1-A, Single-family Residential District; st East: Right-of-way of SW 1 Street, and farther east, a multi-family development Pelican Point at Boynton Beach, classified High Density Residential (HDR) and zoned R-3, Multi-family Residential District; and West: Developed property of First Presbyterian Church, classified Public and Private Governmental/Institutional (PPGI), and zoned Local Retail Commercial (LRC) and zoned R-1-A, Single-family Residential District. PROJECT OVERVIEW The parcel which is the subject of this request for land use amendment and rezoning totals approximately 44,514 square feet or 1.02 acre. Because of the size of the property under consideration, the Florida Department of Community Affairs (DCA) classifies this amendment as a “small scale” amendment. Pursuant to the Community Planning Act of July 2, 2011, small scale amendments no longer have to be forwarded to the DCA following their adoption by a local government. The parcel, originally an eastern portion of the 4.57 acre property of the First Presbyterian Church, was sold to Habitat for Humanity of South Palm Beach County in July of 2010. The site is currently undeveloped. Habitat will transfer the property to its Community Land Trust (CLT) to establish a six-lot single-family subdivision, with five lots to be platted for single-family homes and one designated as a green open space. Each of the five single-family lots will become an independent land trust entity, with a 99 year land lease. The lease agreement will include all common area maintenance fees and fees dedicated to replacing specific capital systems, such as roofs. Habitat will contract with a property management company to maintain each of the five parcels as well as the green space. The property will be deed-restricted, limiting the resale price of the homes to keep them affordable. The Habitat income eligibility requirements include both a maximum and a minimum income, depending on the household size. For a household of four, the numbers are $44,040 and $24,000, respectively. As per the HUD-provided Palm Beach County 2011 Income Guidelines, a four-person household with the income of $44,040 would fall slightly above the very low income category (with an income of $38,050). The lot abutting the church property will continue to be maintained as a green open space in perpetuity. REVIEW BASED ON CRITERIA The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article II, Section 2, Standard Applications, Item B. Comprehensive Plan Amendments. 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 (FLUM) or a rezoning. 1. A demonstration of need may be based upon changing conditions that Demonstration of Need. represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application . 231 of 355 The subject parcel’s existing land use classification of Public and Private Governmental/Institutional (PPGI) does not allow residential uses. The proposed classification of Moderate Density Residential (MoDR) land use allows for slightly higher maximum density (7.5 dwelling units per acre) than the Low Density Residential (LDR) classification of single-family neighborhoods in the areas north, west and south of the subject property, which allows a maximum of 5 units per acre. (An inconsistency between a PPGI land use classification and a R-1-A zoning designation of the ten single-family homes abutting the church and the subject property on the north side will be addressed by the City in the future as part of other “house-cleaning” amendments). Please note that the overall density for the entire property would be 4.9 units per acre, lower than the maximum density allowed in LDR classification. The reason behind the request for MoDR classification is not a desire for higher density; rather, the proposed classification is consistent with the R-1 zoning that the applicant needs for the proposed project. Habitat is requesting the R-1 zoning designation to replace the existing designation of R-1-A in order to build five single-family homes on lots ranging in size from 6,002 to 7,426 square feet. The minimum lot area for the R-1-A District, a prevailing zoning designation of the surrounding single-family neighborhoods, is 7,500 square feet. The proposed rezoning would allow one additional home on the subject property. See Criterion # 3 for further discussion. A sharp decline of home prices in the City combined with very low mortgage rates dramatically improved affordability for home buyers. However, rigid underwriting standards currently embraced by the banking industry, including high downpayments and near-perfect credit scores (in addition to appraisal-related issues) make it very difficult for most households to qualify for a loan. Low-and very low income households, particularly hard hit by the recession, are unlikely beneficiaries of the improved affordability. Since Habitat holds a mortgage, its model of homeownership effectively addresses all these issues and assures long-term affordability of the units. Whether the proposedFuture Land Use Map amendment (FLUM) and rezoning 2. Consistency. would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. The proposed land use amendment and rezoning is consistent with Objective 6.3 and related policies of the Housing Element of the Comprehensive Plan: Objective 6.3 Through the year 2013, the City shall continue to implement a series of housing programs aimed at providing adequate housing and housing sites for very low-, low- and moderate- income persons to meet their housing needs. The provision of housing to the low-, and especially very low income households has been a challenge for the City. Households in these income ranges have always faced significant barriers to homeownership, and - as explained in p. (1) – their situation has not improved. Access to a Habitat- financed unit is likely to be the best option for them, especially since state funding for home ownership has suffered a major decline. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning 3. Land Use Pattern. would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and rezonings that would result in more desirable and sustainable growth for the community. According to the classic planning theory, granting of this request may be considered a “spot zoning” and would create an “isolated” land use classification and zoning district. A spot zoning is not 232 of 355 necessarily improper. A more relevant question is whether a proposed change, in addition to benefiting an individual owner, will serve a general welfare of the community. In this particular case, a rezoning is in accordance with the Comprehensive Plan and serves a clearly identified public purpose – provision of housing to low-and very low income households. Moreover:  The proposed land use amendment and rezoning is consistent with the established land use pattern of the surrounding neighborhoods: the proposed use is single-family residential.  The reason behind the request for R-1 zoning is the inability of the applicant to meet the R- 1-A District’s requirement for minimum lot area of 7,500 square feet (see also Criterion # 1). A random check of lot sizes in the surrounding neighborhoods determined that a large percentage of the lots do not meet the 7,500 lot size requirement, and therefore are non- conforming in the R-1-A district. The lot sizes of the proposed plat correspond with the “established land use pattern”.  The overall density for the entire project would be 4.9 units per acre, well below the maximum of 7.5 units per acre for the R-1 District and below the 6 units per acre for the R-1- A District. Finally, the Pelican Point condominium property located to the east of the subject parcel is zoned R- 3, Multifamily Residential District and therefore the proposed MoDR land use classification and R-1 zoning may be considered an appropriate land use transition to a significantly higher density. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning 4. Sustainability. would support the integration of a mix of land uses consistent with the Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses; 2) access to alternative modes of transportation; and 3) interconnectivity within the project and between adjacent properties. The term “sustainable” in its most comprehensive meaning encompasses all aspects of community life. Promoting economic and social sustainability includes actions that support diverse economic base, entrepreneurship, flexible education system responsive to market needs, and, importantly, availability of housing of all types and price levels. Habitat’s housing model does promote sustainable community, specifically since it assures long-term affordability. In addition, the proposed request conforms to the criterion’s emphasis on access to “alternative modes of transportation” and connectivity. The Palm Tran bus stop is located within approximately th 900 feet of the Habitat property, at the corner of Seacrest Boulevard and SW 7 Avenue. Connectivity criterion would also be met: an agreement between the First Presbyterian Church and the Habitat (included in the Community Land Trust), will ensure the public access to the green open space. All requests for Future Land Use Map 5. Availability of Public Services / Infrastructure. amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. The proposed land use amendment and rezoning is compatible with the existing and planned capacity of utility systems, roadways, and other public facilities. Specifically: Potable Water and Sewer The City’s water, sewer and wastewater treatment capacity is available to serve the project. Prior to issuance of the Certificate of Occupancy, the applicant will be required to provide an 233 of 355 extension of the City’s gravity sewer system to make sanitary service available to the proposed homes. Traffic th The letter from the Palm Beach County Traffic Division, received by staff on August 29, 2011, confirms that the proposed project is located within the designated Coastal Residential Exception area of Palm Beach County, and therefore conforms to the Traffic Performance Standards Ordinance. As part of the plat approval, the applicant will be required to show a 6 foot sidewalk easement along the south property line adjacent to the SW 6th Avenue right of way. All five proposed units will have access from SW 1st Street. Since the SW 1st Street segment that abuts the subject property is a private road owned by Pelican Point, an access agreement between Habitat and Pelican Point must be reached prior to the plat approval. Solid waste On January, 2011, 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 2026. Drainage Drainage will be reviewed in detail as part of the platting, and must satisfy all requirements of the city and local drainage permitting authorities. The application shall consider the following factors to determine compatibility: 6. Compatibility. (a) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties; and (b) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. As already discussed in Criterion #3, the proposed land use amendment and rezoning are compatible with the current and future use of adjacent and nearby properties. They will not negatively affect the property values of adjacent and nearby properties. Please also note that, as mentioned in the “Project Overview” section, Habitat will contract with a property management company to maintain the property, and the lease agreements will include all fees ensuring that both the common grounds and the buidings remain in good condition. Importantly, a community land trust prevents foreclosures for any housing located upon its land. 234 of 355 The proposed amendment and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as whole. Whether there are adequate sites elsewhere in the City for the proposed use in 7. Alternative Sites. zoning districts where such use is already allowed. The City is almost built out. Vacant infill parcels with single-family zoning still exist, but development of larger properties, allowing for construction of several units, result in a more effective and efficient use of the Community Land Trust model. RECOMMENDATION As indicated herein, staff has reviewed the proposed land use amendment and rezoning and found it: (1) consistent with the Comprehensive Plan objectives and policies promoting affordable housing; and (2) consistent with the established land use patterns. Therefore, staff recommends that the subject request be approved. S:\Planning\SHARED\WP\PROJECTS\ for \HABITAT LUAR 11-001\HFH Staff Report.doc HabitatHumanity 235 of 355 236 of 355 237 of 355 9. B PUBLIC HEARING October 4, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: OCTOBER 4, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC:PROPOSED ORDINANCE NO. 11-027 - FIRST EQUESTED CTION BY ITY OMMISSION READING - Approve Habitat for Humanity (LUAR 11-001) rezoning subject property from R-1-A (Single- family Residential District) to R-1 (Single-family Residential District). Applicant: Michael Campbell ER: This is a rezoning request that accompanies the request for a land XPLANATION OF EQUEST use amendment by Habitat for Humanity of South Palm Beach for the currently undeveloped thst 1.02 acre parcel, located at SW 6 Street and SW 1 Avenue. Originally an eastern portion of the First Presbyterian Church property, it was purchased by Habitat in 2010. Habitat will transfer the property to its Community Land Trust to establish a six-lot single-family subdivision, with five lots to be platted for single-family homes and one designated for green open space. The request is to rezone the subject parcel to an R-1 zoning designation from its current designation of R-1-A, as the district prevailing throughout the surrounding single-family neighborhoods. The requested designation accommodates the targeted lot size the applicant requires for the proposed project. Staff recommends that the subject request be approved. The Planning and Development Board reviewed the item on September 27, 2011 and forwards it with the recommendation of approval. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT 238 of 355 Revenues. Habitat’s homes are expected to appraise at about $112,000, totaling an estimated $560,000 for five proposed units. The annual ad valorem taxes at 7.4 rate would generate $4,144. Other annual revenues would include water, stormwater and sewer fees, at $691, refuse collection fee of $168, and fire assessment fee of $88, for a total projected annual revenue of $5,091. Costs. The necessary services for the property can be provided within the existing capacity of the respective city departments providing these services: no additional capital outlays or increased staffing would be required. The increase in operating costs has not been estimated and it is deemed to be negligible. A: Deny subject request, and maintain existing R-1-A zoning on the property. LTERNATIVES 239 of 355 ORDINANCE NO. 11- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF HABITAT FOR HUMANITY OF SOUTH PALM BEACH COUNTY, AMENDING ORDINANCE 02-013 TO REZONE A PARCEL OF LAND LOCATED ON THE NORTHWEST CORNER OF SOUTHWEST 6TH AVENUE AND SOUTHWEST 1ST STREET, AS MORE FULLY DESCRIBED HEREIN, FROM SINGLE-FAMILY RESIDENTIAL DISTRICT (R-1-A) TO SINGLE-FAMILY RESIDENTIAL DISTRICT (R-1); 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, Michael Campbell on behalf of Habitat for Humanity of South Palm Beach has filed a petition to rezone 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. th Section 2. The following described land located on the Northwest corner of Southwest 6 st Avenue and Southwest 1 Street, as more fully described herein, is hereby rezoned from Single-family Residential District (R-1-A) to Single-family Residential District (R-1): 240 of 355 THAT PORTION OF LOT 4, SECTION 28, TOWNSHIP 45 SOUTH, RANGE 43 EAST, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 4, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE EAST LINE OF LOT 4, BEING 25 FEET FROM THE SOUTHEAST CORNER OF SAID LOT 4; THENCE N.1º08’32”W., ALONG THE EAST LINE OF SAID LOT 4, A DISTANCE OF 300.75 FEET TO THE SOUTHEAST CORNER OF MANGO HEIGHTS, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 30, PAGE 55, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE N.89º56’19”W., ALONG THE SOUTH LINE OF SAID PLAT OF MANGO HEIGHTS, A DISTANCE OF 123.70 FEET; THENCE S.1º08’32”E., PARALLEL TO THE EAST LINE OF SAID LOT 4, A DISTANCE OF 60.04 FEET; THEN N.89º56’19”W., A DISTANCE OF 18.19 FEET; THENCE S.1º08’32”E., A DISTANCE OF 60.01 FEET; THENCE N.89º56’19”W., A DISTANCE OF 19.53 FEET; THENCE S.1º08’32”E., A DISTANCE OF 120.03 FEET; THENCE S.89º56’19”E., A DISTANCE OF 9.89 FEET; THENCE S.1º08’32”E., A DISTANCE OF 60.83 FEET TO A POINT ON A LINE 25.0 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF SAID LOT 4; THENCE N.90º00’00”E., ALONG SAID PARALLEL LINE, A DISTANCE OF 151.54 FEET TO THE POINT OF BEGINNING. CONTAINING APPROX. 44,514 SQUARE FEET / 1.02 ACRE, MORE OR LESS. 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 _______________, 2011. SECOND, FINAL READING and PASSAGE this _____ day of ___________, 2011. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – William Orlove ______________________________ 241 of 355 Commissioner – Woodrow L. Hay ______________________________ Commissioner – Steven Holzman ______________________________ ATTEST: Commissioner – Marlene Ross _______________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 242 of 355 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 11- 037 STAFF REPORT TO: Chair and Members Planning and Development Board THRU:Michael Rumpf Planning and Zoning Director FROM:Hanna Matras Senior Planner DATE:September 14, 2011 thst PROJECT NAME/NO: Habitat for Humanity at SW 6 Avenue and SW 1 Street LUAR 11-001 REQUEST: Approve Habitat for Humanity (LUAR 11-001) reclassifying subject property from PPGI (Public and Private Governmental /Institutional) to MoDR (Moderate Density Residential). Applicant: Michael Campbell REQUEST: Approve Habitat for Humanity (LUAR 11-001) rezoning subject property from R-1-A (Single-family Residential District ) to R-1 (Single-family Residential District). Applicant: Michael Campbell PROJECT DESCRIPTION Property Owner/Applicant: Habitat for Humanity of South Palm Beach Agent: Michael Campbell thst Location: SW 6 Avenue and SW 1 Street (abutting First Presbyterian Church); see Exhibit “A” – Location Map Existing Land Use/Zoning: Public and Private Governmental/Institutional (PPGI)/R-1-A Single-family Residential District Proposed Land Use/Zoning: Moderate Density Residential (MoDR)/R-1 Single-family Residential District Proposed Use: Single-family residential Acreage: 1.02 acres Adjacent Uses: North: Developed single-family homes of the Mango Heights subdivision, classified Public and Private Governmental/Institutional (PPGI) and zoned R-1-A, Single-family Residential District; 243 of 355 th South: Right-of-way of SW 6 Avenue, and farther south, developed single- family homes of the Mc Donald Park subdivision, classified Low Density Residential (LDR) and zoned R-1-A, Single-family Residential District; st East: Right-of-way of SW 1 Street, and farther east, a multi-family development Pelican Point at Boynton Beach, classified High Density Residential (HDR) and zoned R-3, Multi-family Residential District; and West: Developed property of First Presbyterian Church, classified Public and Private Governmental/Institutional (PPGI), and zoned Local Retail Commercial (LRC) and zoned R-1-A, Single-family Residential District. PROJECT OVERVIEW The parcel which is the subject of this request for land use amendment and rezoning totals approximately 44,514 square feet or 1.02 acre. Because of the size of the property under consideration, the Florida Department of Community Affairs (DCA) classifies this amendment as a “small scale” amendment. Pursuant to the Community Planning Act of July 2, 2011, small scale amendments no longer have to be forwarded to the DCA following their adoption by a local government. The parcel, originally an eastern portion of the 4.57 acre property of the First Presbyterian Church, was sold to Habitat for Humanity of South Palm Beach County in July of 2010. The site is currently undeveloped. Habitat will transfer the property to its Community Land Trust (CLT) to establish a six-lot single-family subdivision, with five lots to be platted for single-family homes and one designated as a green open space. Each of the five single-family lots will become an independent land trust entity, with a 99 year land lease. The lease agreement will include all common area maintenance fees and fees dedicated to replacing specific capital systems, such as roofs. Habitat will contract with a property management company to maintain each of the five parcels as well as the green space. The property will be deed-restricted, limiting the resale price of the homes to keep them affordable. The Habitat income eligibility requirements include both a maximum and a minimum income, depending on the household size. For a household of four, the numbers are $44,040 and $24,000, respectively. As per the HUD-provided Palm Beach County 2011 Income Guidelines, a four-person household with the income of $44,040 would fall slightly above the very low income category (with an income of $38,050). The lot abutting the church property will continue to be maintained as a green open space in perpetuity. REVIEW BASED ON CRITERIA The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article II, Section 2, Standard Applications, Item B. Comprehensive Plan Amendments. 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 (FLUM) or a rezoning. 8. A demonstration of need may be based upon changing conditions that Demonstration of Need. represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application . 244 of 355 The subject parcel’s existing land use classification of Public and Private Governmental/Institutional (PPGI) does not allow residential uses. The proposed classification of Moderate Density Residential (MoDR) land use allows for slightly higher maximum density (7.5 dwelling units per acre) than the Low Density Residential (LDR) classification of single-family neighborhoods in the areas north, west and south of the subject property, which allows a maximum of 5 units per acre. (An inconsistency between a PPGI land use classification and a R-1-A zoning designation of the ten single-family homes abutting the church and the subject property on the north side will be addressed by the City in the future as part of other “house-cleaning” amendments). Please note that the overall density for the entire property would be 4.9 units per acre, lower than the maximum density allowed in LDR classification. The reason behind the request for MoDR classification is not a desire for higher density; rather, the proposed classification is consistent with the R-1 zoning that the applicant needs for the proposed project. Habitat is requesting the R-1 zoning designation to replace the existing designation of R-1-A in order to build five single-family homes on lots ranging in size from 6,002 to 7,426 square feet. The minimum lot area for the R-1-A District, a prevailing zoning designation of the surrounding single-family neighborhoods, is 7,500 square feet. The proposed rezoning would allow one additional home on the subject property. See Criterion # 3 for further discussion. A sharp decline of home prices in the City combined with very low mortgage rates dramatically improved affordability for home buyers. However, rigid underwriting standards currently embraced by the banking industry, including high downpayments and near-perfect credit scores (in addition to appraisal-related issues) make it very difficult for most households to qualify for a loan. Low-and very low income households, particularly hard hit by the recession, are unlikely beneficiaries of the improved affordability. Since Habitat holds a mortgage, its model of homeownership effectively addresses all these issues and assures long-term affordability of the units. Whether the proposedFuture Land Use Map amendment (FLUM) and rezoning 9. Consistency. would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. The proposed land use amendment and rezoning is consistent with Objective 6.3 and related policies of the Housing Element of the Comprehensive Plan: Objective 6.3 Through the year 2013, the City shall continue to implement a series of housing programs aimed at providing adequate housing and housing sites for very low-, low- and moderate- income persons to meet their housing needs. The provision of housing to the low-, and especially very low income households has been a challenge for the City. Households in these income ranges have always faced significant barriers to homeownership, and - as explained in p. (1) – their situation has not improved. Access to a Habitat- financed unit is likely to be the best option for them, especially since state funding for home ownership has suffered a major decline. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning 10. Land Use Pattern. would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and rezonings that would result in more desirable and sustainable growth for the community. According to the classic planning theory, granting of this request may be considered a “spot zoning” and would create an “isolated” land use classification and zoning district. A spot zoning is not 245 of 355 necessarily improper. A more relevant question is whether a proposed change, in addition to benefiting an individual owner, will serve a general welfare of the community. In this particular case, a rezoning is in accordance with the Comprehensive Plan and serves a clearly identified public purpose – provision of housing to low-and very low income households. Moreover:  The proposed land use amendment and rezoning is consistent with the established land use pattern of the surrounding neighborhoods: the proposed use is single-family residential.  The reason behind the request for R-1 zoning is the inability of the applicant to meet the R- 1-A District’s requirement for minimum lot area of 7,500 square feet (see also Criterion # 1). A random check of lot sizes in the surrounding neighborhoods determined that a large percentage of the lots do not meet the 7,500 lot size requirement, and therefore are non- conforming in the R-1-A district. The lot sizes of the proposed plat correspond with the “established land use pattern”.  The overall density for the entire project would be 4.9 units per acre, well below the maximum of 7.5 units per acre for the R-1 District and below the 6 units per acre for the R-1- A District. Finally, the Pelican Point condominium property located to the east of the subject parcel is zoned R- 3, Multifamily Residential District and therefore the proposed MoDR land use classification and R-1 zoning may be considered an appropriate land use transition to a significantly higher density. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning 11. Sustainability. would support the integration of a mix of land uses consistent with the Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses; 2) access to alternative modes of transportation; and 3) interconnectivity within the project and between adjacent properties. The term “sustainable” in its most comprehensive meaning encompasses all aspects of community life. Promoting economic and social sustainability includes actions that support diverse economic base, entrepreneurship, flexible education system responsive to market needs, and, importantly, availability of housing of all types and price levels. Habitat’s housing model does promote sustainable community, specifically since it assures long-term affordability. In addition, the proposed request conforms to the criterion’s emphasis on access to “alternative modes of transportation” and connectivity. The Palm Tran bus stop is located within approximately th 900 feet of the Habitat property, at the corner of Seacrest Boulevard and SW 7 Avenue. Connectivity criterion would also be met: an agreement between the First Presbyterian Church and the Habitat (included in the Community Land Trust), will ensure the public access to the green open space. All requests for Future Land Use Map 12. Availability of Public Services / Infrastructure. amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. The proposed land use amendment and rezoning is compatible with the existing and planned capacity of utility systems, roadways, and other public facilities. Specifically: Potable Water and Sewer The City’s water, sewer and wastewater treatment capacity is available to serve the project. Prior to issuance of the Certificate of Occupancy, the applicant will be required to provide an 246 of 355 extension of the City’s gravity sewer system to make sanitary service available to the proposed homes. Traffic th The letter from the Palm Beach County Traffic Division, received by staff on August 29, 2011, confirms that the proposed project is located within the designated Coastal Residential Exception area of Palm Beach County, and therefore conforms to the Traffic Performance Standards Ordinance. As part of the plat approval, the applicant will be required to show a 6 foot sidewalk easement along the south property line adjacent to the SW 6th Avenue right of way. All five proposed units will have access from SW 1st Street. Since the SW 1st Street segment that abuts the subject property is a private road owned by Pelican Point, an access agreement between Habitat and Pelican Point must be reached prior to the plat approval. Solid waste On January, 2011, 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 2026. Drainage Drainage will be reviewed in detail as part of the platting, and must satisfy all requirements of the city and local drainage permitting authorities. The application shall consider the following factors to determine compatibility: 13. Compatibility. (a) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties; and (b) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. As already discussed in Criterion #3, the proposed land use amendment and rezoning are compatible with the current and future use of adjacent and nearby properties. They will not negatively affect the property values of adjacent and nearby properties. Please also note that, as mentioned in the “Project Overview” section, Habitat will contract with a property management company to maintain the property, and the lease agreements will include all fees ensuring that both the common grounds and the buidings remain in good condition. Importantly, a community land trust prevents foreclosures for any housing located upon its land. 247 of 355 The proposed amendment and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as whole. Whether there are adequate sites elsewhere in the City for the proposed use in 14. Alternative Sites. zoning districts where such use is already allowed. The City is almost built out. Vacant infill parcels with single-family zoning still exist, but development of larger properties, allowing for construction of several units, result in a more effective and efficient use of the Community Land Trust model. RECOMMENDATION As indicated herein, staff has reviewed the proposed land use amendment and rezoning and found it: (1) consistent with the Comprehensive Plan objectives and policies promoting affordable housing; and (2) consistent with the established land use patterns. Therefore, staff recommends that the subject request be approved. S:\Planning\SHARED\WP\PROJECTS\ for \HABITAT LUAR 11-001\HFH Staff Report.doc HabitatHumanity 248 of 355 249 of 355 250 of 355 9. C PUBLIC HEARING October 4, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 4, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC:PROPOSED ORDINANCE NO. 11-022 - SECOND EQUESTED CTION BY ITY OMMISSION READING - Amending Section 26-9 of the City's Code governing water and wastewater rates that will implement a revised rate structure effective November 1, 2011 ER: In order to move ahead with the Water & Sewer Utility Capital XPLANATION OF EQUEST Improvement Program, it is currently necessary to issue approximately $20,000,000 in Utility Revenue Bonds. The bond proceeds will provide the funds for a number of water, wastewater, and stormwater projects in the very near future to include:  Reuse Distribution System 8 MGD  Seacrest Corridor Water Main Replacement & Stormwater Management  Ion exchange surficial raw water main, pump station and sand filters There is no impact on property taxes or the General Fund to fund the debt service of the new bond issue. The repayment of Utility Revenue Bonds is supported solely by the revenues of the Utility System. Therefore, it is necessary to independently determine that the water and wastewater rates are at a sufficient level to support the added debt service of the Utility Revenue bonds. The engineering firm of CH2M Hill completed an independent User Rate Update Report. The Report recommends that the City adjust its water and wastewater rates in each year over the five-year period from FY 2011-12 through FY 2015-16 to help ensure that sufficient revenues will be generated to meet the new debt service requirements along with other financial commitments. In accordance with Florida Statutes (§180.136), the City is providing notice to customers through our billing process of the rate increases and the Public Hearing. See the 251 of 355 attached recommended amendments to Sec. 26-9 of the City's Code governing water and wastewater rates. The initial adjustment will occur on November 1, 2011 and October 1 thereafter following Commission approval. CH2M HILL also recommends that the City issue at least another $20,000,000 in Utility Revenue Bonds to fund additional projects in another two to three years to finance improvements needed to continue serving existing customers, as well as to have sufficient capacity for new growth. While subject to bond market conditions when new debt is issued, the annual debt service requirement is projected to increase from $5.4 M in FY 2010-11 to $8.2 M in FY 2015-16. The other financial commitments include:  Depositing funds ($2.5 M in FY 2010-11, $4.3 M in FY 2011-12 to $5.3 M in FY 2015- 16) into the Renewal, Replacement and Improvement (RR&I) Account that will be used to pay for anticipated system repairs and replacements.  Making transfers to the City General Fund of $5.0M in FY 2011-12 and $4.5 M in all years from FY 2012-13 to FY 2015-16. The $2.5 M deposit in FY 2010-11 requires an appropriation increase in the Water and Sewer Utility Enterprise Fund in order to deposit the funds in the RR&I Account as it was not originally included in the appropriation made a year ago prior to the current Rate Study. H? The increased water and wastewater OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES rates will support the added debt service resulting from the issuance of debt to continue serving existing customers by maintaining the existing water, wastewater, and stormwater systems along with sufficient financial capacity for new growth. FI: To meet the forecast debt service requirements and to fund the forecasted ISCAL MPACT deposits into the R&R account, water and wastewater rate increases are necessary. Overall, both the water and wastewater rates revenues are proposed to be increased each year as follows.  FY 2011-12 + 2%  FY 2012-13 + 3%  FY 2013-14 + 3%  FY 2014-15 + 3%  FY 2015-16 + 3% With these increases, the City’s water and wastewater rates should generate sufficient revenues under the forecast assumptions to meet the water and wastewater system’s needs through FY 2015-16. Without the increases, the debt cannot be issued and the projects will be delayed significantly. Water and wastewater rates were last restructured in May 2009 due to changes in water usage patterns resulting from water use restrictions. The rate increase at that time adjusted the rate structure so as to yield a higher percentage of revenue from the base facility charge to cover system fixed costs that were unrelated to water usage. That rate structure resulted in the current rates set forth in Section 26-9 of the City's Code governing water and wastewater rates through FY 2012-13. 252 of 355 Under the current rate structure in the current City Code, the base facility charges (the largest portion of the water and wastewater monthly bill) are currently scheduled to increase 11.6% for water and 10.3% for wastewater over the next two year period from FY 2011-12 to FY 2012- 13. The methodology under the current User Rate Update spread out the rate increases over the 5-year period resulting in lower annual increases as noted in the five year schedule above. This is illustrated in the attachment entitled “Typical Bill Comparison” for the period FY 2011 - FY2016. Current and proposed rate increases are noted on the attached revision to Section 26-9 of the City's Code governing water and wastewater rates. Two attachments compare our rates with others: 1. Comparison of Current Rates with Other Communities – This chart compares current residential water and wastewater bills for 7,000 gallons of water consumed. The comparison shows the City having the second lowest current rates among 14 cities in Palm Beach, St. Lucie, and Broward counties plus Broward County itself. As our recommended increase is only 2% in total from current rates, we would remain in the same relative position with the new rates. 2. Boynton Beach vs. Palm Beach County Water & Sewer Rates Effective 10-1-2011 – This table compares our proposed water and wastewater rates effective for the fiscal year beginning October 1, 2011 with Palm Beach County’s proposed increases for both residential and commercial customers. In summary, our proposed rates are less than those proposed by the County for both type of customers as follows:  Residential Customers – 4.5% less than the County  Commercial Customers – 10.6% less than the County A: LTERNATIVES 1. Approve the revised rate structure that is necessary to provide the funding to pay the debt service of the Utility Revenue Bonds required for funding the major portion of the Utility Capital Improvement Plan in the next five (5) years. 2. Not approve the revised rate structure. Without the revised rate structure, the Utility Revenue Bonds cannot be issued, the Utility System Capital Improvement Plan will be significantly delayed and the current larger utility rate increase will remain in effect. 253 of 355 254 of 355 255 of 355 256 of 355 257 of 355 258 of 355 259 of 355 Sec. 26-9. Water and wastewater rates and charges. The monthly rates and charges for water and wastewater shall be as set forth in the five multi-year st schedules in this section. Such rates shall become effective on November 1 in FY 2011-12 and October 1st of each of the fiscal years thereafter and shall not be prorated: SCHEDULE I. POTABLE WATER RATES (a) Residential and commercial rates inside city: Fiscal YearBase Facility Base Facility 0-9,000 9,001-30,000 30,001-50,000 Over 50,000 Charge Charge gallons/ gallons/ gallons/ gallons/ (Residential) (Commercial) month* month* month* month* 2010-11 $10.76 $21.51 $1.44 $2.58 $3.44 $4.24 2011-12 $11.11 $10.98 $22.53 $21.94 $1.46 $1.47 $2.60 $2.63 $3.48 $3.51 $4.28 4.32 2012-13 $12.01 $11.30 $22.23 $22.60 $1.49 $1.51 $2.66 $2.71 $3.55 $3.61 $4.38 $4.45 2013-14 $11.64 $23.28 $1.56 $2.79 $3.72 $4.59 2014-15 $11.99 $23.97 $1.60 $2.88 $3.83 $4.73 2015-16 $12.35 $24.69 $1.65 $2.96 $3.95 $4.87 (b) Residential and commercial rates outside city: Fiscal YearBase Facility Base Facility 0-9,000 9,001-30,000 30,001-50,000 Over 50,000 Charge Charge gallons/ gallons/ gallons/ gallons/ (Residential) (Commercial) month* month* month* month* 2010-11 $13.45 $26.90 $1.80 $3.23 $4.30 $5.30 2011-12 $13.89 $13.72 $27.78 $27.44 $1.82 $1.84 $3.26 $3.29 $4.33 $4.39 $5.36 $5.41 2012-13 $15.00 $14.13 $30.01 $28.26 $1.87 $1.89 $3.33 $3.39 $4.44 $4.52 $5.48 $5.57 2013-14 $14.55 $29.11 $1.95 $3.50 $4.65 $5.74 2014-15 $14.99 $29.98 $2.01 $3.60 $4.79 $5.91 2015-16 $15.44 $30.88 $2.07 $3.71 $4.94 $6.08 * Represents monthly usage rates per thousand gallons 260 of 355 SCHEDULE II. WASTEWATER RATES (a) Residential and commercial rates inside city: Commodity Rate Rate If No (Dollars Per Water Meter Fiscal Year BaseThousand Gallons) 2010-11 $16.29 $1.87 $29.41 2011-12 $16.58 $16.62 $1.88 $1.91 $29.75 $30.00 2012-13 $17.97 $17.11 $1.93 $1.96 $31.43 $30.90 2013-14 $17.63 $2.02 $31.83 2014-15 $18.16 $2.08 $32.78 2015-16 $18.70 $2.15 $33.76 (b) Residential and commercial rates outside city: Commodity Rate Rate If No (Dollars Per Water Meter Fiscal Year BaseThousand Gallons) 2010-11 $20.38 $2.34 $36.78 2011-12 $20.73 $20.79 $2.35 $2.39 $37.22 $37.52 2012-13 $22.46 $21.41 $2.41 $2.46 $39.32 $38.64 2013-14 $22.05 $2.53 $39.80 2014-15 $22.72 $2.61 $40.99 2015-16 $23.40 $2.69 $42.22 The maximum sewer commodity charge for residential customers (in city or outside city) will be based upon a maximum sewer usage of seven thousand (7,000) gallons per month. Commercial accounts will be billed sewer charges based upon total water usage. For multi-family buildings (in city or outside city) in which several dwelling units are serviced by a single meter, the base facility charge per meter shall be calculated by multiplying the number of dwelling units times the standard base charges for water, sewer and stormwater. The billing for consumption shall similarly be calculated by dividing the total monthly consumption for each meter by the number of dwelling units, in order to determine the billing rate and amount per dwelling which is then multiplied by the number of units on each meter. Billing for utility services for multi-family parcels shall commence on the first day that either a sewer connection is made or a water meter is set in place. If the utility account is temporarily disconnected, there shall continue to be a minimum charge for water and wastewater billed monthly and calculated at the base rate for the applicable billing category. 261 of 355 262 of 355 Comparison of the City of Boynton Beach’s Water and Wastewater Bills with Other Communities for 7,000 Gallons of Water Consumed Comparison With Other Communities Water & Sewer User Typical Bill at 7 K gallons $120 $100 $80 $60 Bill $40 $20 $0 All jurisdictions are compared at current rates. 263 of 355 CITY OF BOYNTON BEACH Comparison of Proposed Water & Wastewater Rates Boynton Beach & Palm Beach County Effective 10/1/2011 Base Facility Charge Potable WaterWastewaterPW & WWCounty vs. CountyCityCountyCityCountyCityCity Residential$ 11.42$ 10.98$ 12.81$ 16.62$ 24.23$ 27.60-12.2% Commercial$ 21.47$ 21.94$ 26.99$ 16.62$ 48.46$ 38.5625.7% Commodity Charge Potable WaterWastewaterPW & WWCounty vs. CountyCityCountyCityCountyCityCity Residential 0-4K Gallons$ 4.56$ 6.20 4-7K Gallons$ 7.65$ 10.95 7K Gallons$ 12.21$ 10.29$ 17.15$ 13.37$ 29.36$ 23.6624.1% Commercial 20K Gallons$ 73.00$ 65.80$ 36.20$ 38.20$ 109.20$ 104.005.0% Total Potable WaterWastewaterPW & WWCounty vs. CountyCityCountyCityCountyCityCity Residential $ 23.63$ 21.27$ 29.96$ 29.99$ 53.59$ 51.264.5% Commercial$ 94.47$ 87.74$ 63.19$ 54.82$ 157.66$ 142.5610.6% 264 of 355 10. A CITY MANAGER’S REPORT October 4, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 4, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC:Continue discussions of Downtown development options EQUESTED CTION BY ITY OMMISSION focusing on possible relocation or renovation of existing Police Department and / or City Hall facilities. ER: This item was referred to the City Commission from the CRA Board XPLANATION OF EQUEST meeting of April 12, 2011 and discussed by the City Commission on May 17. Supplemental information provided this agenda. At its May 17 meeting, the City Commission reviewed a variety of options related to redevelopment of the Downtown area with a specific focus given to possible relocation or renovation of the existing Police Department and/or City Hall buildings. The May 17 agenda item in its entirety and May 17 Commission minutes are attached as part of the current agenda item. As a result of the May 17 meeting, the City Commission determined that immediate action is not a motivating factor. Rather, a well defined implementation plan to guide future actions and budgets was critical. In order to begin plan development, the Commission directed staff to further evaluate the following two components; 1. Conduct more precise property appraisals of certain vacant, City-owned land. 2. Refine two alternatives for Police Department relocation; a. Relocation to the East Ocean Breeze site and City Hall to remain at the current location as per option 1A. b. Relocation to City-owned land at the High Ridge Road site adjacent to Fire Station 5 and City Hall to remain at the current location as per Option 2A. Property Appraisals 265 of 355 In order to obtain more refined land values for vacant City land, staff contracted with HDR Engineering, the City’s real estate consultant. HDR in turn subcontracted this work to ReTech Inc, a land appraisal firm. Although full appraisals were not conducted, the consultant was able provide a likely price range for the sale of certain vacant parcels owned by the City and/or the CRA. A summary of the estimated price ranges is depicted in the chart below: Parcel Summary and Staff Recommendations 1. High Ridge Road. This parcel has the highest potential sale value. Staff recommends that this parcel continue to be considered for sale or for municipal uses. This parcel was purchased by the City to provide space for both Fire and Police services. Should the City decide to relocate Police, or even City Hall functions elsewhere, this land should then be sold. But, in the meantime, until a viable final long range plan is developed for Police and City Hall services and approved by the City Commission, this parcel should remain land banked by the City. The land should not be sold prematurely. 2. Old Boynton Road. This Boynton Town Center parcel is currently being considered by the developer of Cortina, a proposed multi-family and single family home development. Very preliminary plan submittals during staff level pre-application meetings, suggest that the developer would like to relocate the referenced City park land into a comprehensively designed site. This park relocation is a critical element to forward movement of the Cortina development, a development critical to the City tax base. Staff strongly recommends that the City not sell this land and allow the Cortina development proposal to evolve. 266 of 355 3. Rolling Green Municipal Complex. This land shows potential total value of $274,200, yet the land is vital to municipal operations. Numerous materials such as stone, mulch, topsoil and solid waste carts and dumpsters are stored on this site. Furthermore, the site is home to a critical radio tower that supports radio communication in the City. Staff recommends that these parcels not be sold under any scenario. 4. Leisureville Parcel. The potential current value of this land is $375,000. Staff has no long range plans regarding municipal use for this parcel. As such, staff recommends sale of this land. It may be wise, however, to continue to land bank this parcel until such time that property values increase. 5. Ocean Breeze East Parcels. Total current maximum land value is $816,000. However, because the land is not owned by the City, this value does not represent a potential revenue source to the City. Rather, this land is owned by the Boynton Beach CRA and has been identified as a potential location for a new Police Facility according to Option 1A outlined earlier. Therefore, this appraisal represents the estimated cost to purchase this land from the CRA for a potential City Police facility. Police Department Relocation Options, 1A (Ocean Breeze) and 2A (High Ridge) During prior deliberations, the City Commission was able to reduce the number of options for relocation of Police Facilities to two; Ocean Breeze and High Ridge. As such, the Commission requested further refinement of cost estimates related to the two distinct options. The following costs are staff’s best estimates based upon current market conditions and potential site layout. Staff cost estimates should be used for comparative purposes only as part of preliminary site selection. Should the Commission desire to proceed with either of these options, staff recommends that the City consult with an architectural firm to develop more refined cost estimates for future planning and budgeting purposes. Option 1A – Relocate the Police Facility to the Ocean Breeze Site (4.43 acres) This option contemplates relocation of Police Facilities to the Ocean Breeze East site and continues operation of City Hall services at 100 East Boynton Beach Blvd. Staff has further considered the site and believes that a reasonable site plan must provide proper setbacks and have sufficient buffer to residential properties to the south. Therefore, it will likely be necessary to install a two or three story building and also a two level parking garage. Option 2A – Relocate the Police Facility to the High Ridge Site (5.46 acres) This option contemplates relocating Police Facilities to the High Ridge Road site and continuing City Hall operations at the current 100 East Boynton Beach Blvd. This option is consistent with City plans created in 2004 when the City purchased the entire nine (9) acre site on High Ridge Road for future Police and Fire facility purposes for $4,200,000. Apart from the decision related to actual location of both Police and Fire administrative functions, it was believed that operational value to Police and Fire emergency services would be realized by having these two functions co-located on one site. That value is not measured in this report. Rather, further analysis and commentary by both the Police and Fire Chiefs would be required. Summary of Cost Estimates 267 of 355 Comparative construction cost estimates follow. There are no overriding design issues that can be identified at this time that would change this comparison. Preliminary Construction Cost Estimates Ocean BreezeHigh Ridge Structure (70,000 SF x $185/SF)$ 12,950,000$ 12,950,000 Site Work - Deck Parking 3,000,000 3,500,000 Landscaping 300,000 130,000 Off site road and access improvement 1,200,000(1) -(2) Utilities and Stormwater 500,000 200,000 600,000 500,000 Generator Total Construction Cost 18,550,000 17,280,000 Permits - 2.3% & Art 1% 610,000 570,000 Furnishings 1,250,000 1,250,000 Contingency - 15% 2,780,000 2,590,000 Architect/Engineer – 10% Construction 1,900,000 1,700,000 820,000 - Land Cost Total Cost 25,910,000 23,390,000 (3,280,000) - Sale of High Ridge Rd Site (Optional) $ 22,630,000$ 23,390,000 Total Net Cost (1) This option will likely require street improvements to NE 7th Avenue and NE 1st Street, both of which are local residential streets. Furthermore, new access onto Seacrest will be necessary requiring median removal and replacement. (2) No offsite access improvements required. This component is already designed into the Fire Station 5 site plan. Staff notes that the early price estimates to construct a Police Facility at either the Ocean Breeze East site or at the High Ridge Road Site, are for all practical purposes, equal. However, it will be necessary to sell the High Ridge site and to commit the sale proceeds to the Police Facility construction prior to committing to the construction project and sale of the bonds. Therefore, with the assumption that it will be sold in advance and the sale proceeds committed, the decision to relocate the Police Facility at either of these locations is a policy and budgetary decision of the City Commission. 268 of 355 Status of City Hall and Fire Station #1 Assuming that the City addresses the needs of the Police Department by utilizing one of the above options, what will happen to City Hall? Staff believes that the centrally located City Hall serves the public and the employees well. However, staff also recognizes that there may be a more valued use of the City Hall land when the economic climate improves. Therefore, staff recommends that the City provide a 10 year (or longer) “Refresh” of City Hall as outlined in the May 17 report at an estimated cost of $4,300,000. This timeframe will allow the private development options to unfold as well as provide the City sufficient time to determine the status/location of Fire Station #1. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Relocation of the Police Facility will provide space necessary to provide accredited Police Services for at least the next 50 years. FI: The annual fiscal impact from a budgetary perspective will be three-fold: debt ISCAL MPACT service, operating and maintenance expenditures and revenues received from City property sold and developed. 1. Debt Service. It will be necessary to issue bonds to finance construction costs. Staff assumes we will issue revenue bonds secured by the City’s public service and communication taxes (vs. general obligation bonds approved by City voters) to finance capital construction costs. The annual debt service to repay bonds issued will have an impact on the General Fund. For estimating purposes, annual debt service is assumed to run between 8 -10% of the total bond issue depending on interest rates, bond maturity and bond structure. For estimating purposes, an average of 9% of the bond principal is assumed to estimate the annual debt service. Staff estimates the need to issue bonds in the amount of $28,000,000 based on the following:  $23,000,000 – Average construction costs at both sites assuming sale of High Ridge and use of sale proceeds to reduce borrowing.  4,300,000 – Estimated costs to refresh City Hall  700,000 – Estimated costs related to issuing the bonds $28,000,000 – Estimated bonds needed to finance construction $ 2,520,000 – High Ridge annual debt service $ 2,520,000 – Ocean Breeze annual debt service with sale of High Ridge $ 2,815,000 – Ocean Breeze annual debt service without High Ridge sale The above levels of annual debt service could be reduced by approximately $400,000 if the decision was made not to refresh City Hall. 2. Operating and Maintenance Expenditures. There will be additional annual operating expenditures associated with occupancy of a new facility at either location. These can 269 of 355 be difficult to estimate at this early stage. However, the following costs may be reasonable as a minimum cost estimate: Electric $ 175,000 Water and Sewer 15,000 Custodial 75,000 Grounds 40,000 New Facility Staff 60,000 Materials 20,000 Total $ 385,000 3. Property Tax and Fee Revenues. Depending on the option(s) chosen, there will be additional property tax and fee impacts. For example, the High Ridge Parcel and Ocean Breeze East parcel are both currently government owned. Therefore, if either of these parcels were developed for public purposes, the taxes and other revenues received from those parcels would remain at zero. However, the reverse is true for that parcel that is not selected for public purpose and is instead developed privately and thus placed onto the tax rolls Therefore, the following revenue could be realized if one, or both, of these parcels are developed privately. These revenues could impact the General, Utility and Sanitation funds either directly or indirectly. Potential Net Property Tax & Other Revenues or Expenditure Reduction Ocean BreezeHigh Ridge Multi Family - 40 Office Building - Development Assumption Dwelling Units 80,000 Sq Ft. Property taxes$ -(1)$ 63,500 Fire assessment 3,520 16,000 - 29,800 No longer obligated for Quantum taxes Total Potential General Fund Impact 3,520 109,300 32,800 13,800 Utility, sanitation and other fees $ 36,320 $ 123,100 Total Impact (1) Staff estimates an approximate $13,000 tax increment to the CRA 270 of 355 4. Net Annual Financial Impact to the General Fund. For all practical purposes, the net financial impact is about equal with both options unless the decision is made (a) to develop the Police Department facility on the Ocean Breeze site and (b) to retain and not sell the High Ridge site and / or not apply the sale proceeds against the cost of construction. In that situation, the Ocean Breeze option appears to be more expensive. Alternate Development of Police Department Building - Net Annual General Fund Impact Developed on Developed on Ocean Breeze Site High Ridge Site Sale of Ocean Without Sale of (1) With Sale of Breeze Has General Fund Cost Cost Area High Ridge Site High Ridge Site Minimal Impact Debt Service$ 2,815,000$ 2,520,000$ 2,520,000 Operations & Maintenance 385,000 385,000 385,000 Added General Fund Expenditures 3,200,000 2,905,000 2,905,000 - (29,800) - Less General Fund Revenues(2) $ 3,200,000$ 2,875,200$ 2,905,000 Net General Fund Impact Timing of the sale of the High Ridge site, if indeed it were to be sold, would be (1) needed prior to committing to the Ocean Breeze borrowing and construction. General Fund taxes and fire assessment revenue from the sale of the High (2) Ridge or Ocean Breeze site to a developer would not be realized until the property was fully developed; perhaps 2-3 years after the actual property sale. Therefore, only the elimination of Quantum taxes are recognized upon sale. A: LTERNATIVES Maintain all City Police and Municipal services at the current location. Public services are currently provided in a quality manner despite the very crowded conditions experienced by the Police Department. In this option, it will be expected that maintenance costs will increase and a more detailed maintenance plan will be required for the FY 2012/13 budget. However, long range plans beyond 2020 must always be considered. As the economy rebounds and the community grows, demands on public services will require additional municipal building space. 271 of 355 272 of 355 273 of 355 274 of 355 275 of 355 276 of 355 277 of 355 278 of 355 279 of 355 280 of 355 281 of 355 282 of 355 283 of 355 284 of 355 285 of 355 286 of 355 287 of 355 288 of 355 289 of 355 290 of 355 291 of 355 292 of 355 293 of 355 294 of 355 295 of 355 296 of 355 297 of 355 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 17, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC:Continued discussions of Downtown development options. EQUESTED CTION BY ITY OMMISSION This item was referred to the City Commission from the CRA Board meeting of April 12, 2011. ER: On February 17, 2011 the City Commission and CRA Board held a XPLANATION OF EQUEST joint public workshop to discuss future downtown development options. As a result of this workshop City/CRA staff was directed to develop a report identifying a variety of development options. The initial report included six development options which identified land size/locations, estimated costs, pros and cons. A follow up report was presented to the CRA Board at their April 12, 2011 meeting. During discussions the option of renovating City Hall and PD was added to the list. Staff was further directed to research the estimated costs of renovating the existing building, up to and including adding an additional floor to the building. The April 12, 2011 report to the CRA Board has been amended to include renovation of City Hall and PD (amended report attached). The following attachments are included for continued review and discussion of the options: 1) Amended report including renovation option 2) Email from PW Director/City Engineer outlining three “sub-options” for renovations – based on useful life of building (10 yrs, 20 yrs and 30+ yrs) 3) Cost breakdown of three “sub-options” for renovation concept 4) City Hall Traffic Evaluation H? n/a – depends on development option OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES selected. FI: ISCAL MPACT Option 1: City Hall/PD to Ocean Breeze $35.7M 298 of 355 Option 1A: PD only to Ocean Breeze $22.1 M Option 2: PD/City Hall to High Ridge Parcel $35.0 M Option 2A: PD only to High Ridge Parcel $14.1 M Option 3: Move City Hall/PD to Civic Center area $29.5 M Option 4: Move City Hall/PD to private property in CBD $ TBA Option 5: Move City Hall/PD to private property in City $ TBA Option 6: Create Cultural Arts Campus $ TBA Option 7: Keep CH/PD w/refresh option – move dispatch $ 4.3M Option 8: Keep CH/PD w/20yr remodel -- move dispatch $14.0 M Option 9: Remodel Expand CH/PD Here – move dispatch $24.7M A: Information pending policy direction. LTERNATIVES 299 of 355 300 of 355 301 of 355 302 of 355 303 of 355 304 of 355 305 of 355 City Hall Traffic Evaluation Jeffrey R. Livergood, P.E. May 2, 2011 Purpose The purpose of this analysis is to determine what contribution City Hall and the Police Department have upon the surrounding roadway network. Assumptions 1.One employee or visitor visit to the municipal complex counts as two trips. (1 arrival + 1 departure = 2 trips). 2.Traffic must be distributed to the surrounding roadway network. Absent a formal traffic study, the distribution is often estimated based upon observations of the engineer. Therefore, I estimate the following distribution: st a.Seacrest Blvd. and NE 1 Ave: 50% st b.Boynton Beach Blvd and NE 1 Street: 35% st c.Ocean Avenue, east of NE 1 Street: 15% Measured Avg. Daily Traffic - ADT (Palm Beach County Traffic Division, June 2010) Seacrest Blvd, south of Boynton Beach Blvd . 13,982 Boynton Beach Blvd, east of Seacrest Blvd. 15,339 Measured Average Daily Traffic (ADT), April 2011, Counts by City tube counters Total Measured trips at Municipal Complex: 2,809 a.Approximately 2,519 staff/ops and 290 visitor (2,809) b.Approximately 2,314 staff/ops and 286 visitor from 6 am to 7 pm. (2,600) Alternative data calculation would rely upon trip generation rates published by the Institute of Transportation Engineers. Category 733, Government Complex suggests 27.92 trips per 1,000 SF of building. In our scenario the total municipal complex is around 86,700 SF yielding an estimated trip count of 2,421 trips (86.7 x 27.92). Therefore, our measured data set of 2,809 daily trips appears valid and is the volume that will be used in this analysis. All analysis is on a 24 hour (ADT) basis because that is the standard timeframe. Trip Assignment of Municipal Complex vehicles Seacrest Blvd: 1,405 (50% of 2,809) Boynton Beach Blvd: 983 (35% of 2,809) Other South 421 (15% of 2,809) Municipal Complex contribution to surrounding arterial roadway network Seacrest Blvd, south of Boynton Beach Blvd: 10.0% (1,405 of 13,982) Boynton Beach Blvd, east of Seacrest Blvd:. 6.4% (983 of 15,339) 306 of 355 11. A UNFINISHED BUSINESS October 4, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 4, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC:Approve the job description, qualifications, and process EQUESTED CTION BY ITY OMMISSION timelines for City Manager search. ER: The City Commission has requested that Human Resources staff XPLANATION OF EQUEST return a job description and qualifications, a profile, and a process timeline for conducting a City Manager search. ATTACHMENTS:  City Manager Job Classification/Qualifications  City Profile SEARCH PROCESS and ANTICIPATED TIMELINES  Post position – Date TBD City website - $0 o Florida League of Cities - $0 o ICMA - $250 o FPELRA - $0 o FPPA - $0 o Workforce Alliance – (unknown at time of Agenda publication) o Alliance for Innovation - $149 o  Position Closes – three (3) weeks following posting date  Initial Screening of Applicants on education and experience (Rank: relevancy & responsibility – completetwo (2) weeks following position closing  Competencies Assessment – completed three (3) weeks following screening of applications 307 of 355  Background Investigation – completed two (2) weeks following competencies assessment  Recommendation of Candidates (Prepare electronic candidate portfolios for presentation to City Commission – two (2) weeks following return of background information  Individual Finalist Interviews (30 minute individual candidate meeting with each member of Commission) – Day ofCommission Meeting following recommendation of candidates  Public Finalist Interview – AtCommission Meeting following recommendation of candidates  Letter of Appointment – Prepared by Legal H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES In order for Human Resources to conduct a search of this magnitude within a 90 day time frame will require a significant allocation of Human Resources staff time. FI: ISCAL MPACT Background checks - $75 each (third party service); staff time (resource allocation); 8 flash drives (equipment) $170; Advertising up to $500 A: LTERNATIVES During these economic times, in both the public and private sectors, organizations are looking for ways to minimize impacts on their budgets and most effectively utilize their human resources. Additionally, organizations that have suffered either the voluntary or involuntary loss of employees with “institutional knowledge” look to retain a sense of stability in the working environment. One way to accomplish these objectives is to promote from within the organization. It is not uncommon to opt out of a City Manager search and instead appoint the person who is performing as the Interim City Manager, the current Assistant City Manager, or another person with an historical context of the organization who both currently holds a senior level position in the organization and is qualified for the position. This alternative to appoint someone from within also eliminates the traditional six month to one-year “learning curve” that someone from outside the organization would inevitably experience. Such an appointment by the City Commission should be made only if the Commission believes that Ms. LaVerriere, in her tenure as the Assistant City Manager and in her current capacity as the Interim City Manager, has performed at an acceptable level and possesses the requisite qualifications, skills, knowledge, respect of staff, and confidence of the community. 308 of 355 Class Code 01019 Grade: 98 FLSA: E CITY OF BOYNTON BEACH, FLORIDA CLASSIFICATION SPECIFICATION CLASSIFICATION TITLE: CITY MANAGER PURPOSE OF CLASSIFICATION This classification is responsible for the overall effectiveness of all City operations and the fiscal integrity of the community on behalf of the City of Boynton Beach. The City Manager exercises considerable discretion, initiative and creativity in the performance of the management and direction of the operations, functions and services of the City of Boynton Beach. This work requires frequent communication and coordination with the Mayor and City Commission on policy issues, goals, and City directives. The City Manager builds and maintains effective relationships with various agencies, businesses, community groups, and the general public. ESSENTIAL FUNCTIONS The following duties and functions, as outlined herein, is intended to be representative of the type of tasks performed within this classification. They are not listed in any order of importance. The omission of specific statements of the duties or functions does not exclude them from the classification if the work is similar, related, or a logical assignment for this classification. Other duties may be required and assigned. Manages and directs the daily operations of the City through subordinate department directors and designated staff; provides direction and guidance in setting goals, implementing new services and functions, and coordinating special projects and events; sets directives, delegates work and consults with staff regarding status of assignments. Develops organizational plans, long and short term goals, and implementation strategies for the City; oversees the formulation of City policies; develops management policies related to finance, budgeting, human resources and other areas of local government administration. Serves as executive staff liaison to the Mayor and City Commission; keeps elected officials informed of issues and problems related to the management and operation of the City; advises City officials of legal and financial requirements of pending actions; provides direction, advise and guidance in policy formulation; develops consensus and direction from elected officials on City policies. Represents executive-level staff at City Commission meetings, public hearings, Mayor and City Commission work sessions, and other City-sponsored meetings; facilitates meetings or assists Mayor in conducting meetings; coordinates staff presentations and responses to questions in meetings. 309 of 355 Directs and oversees the preparation of the annual operating budget; reviews and negotiates departmental budget requests; oversees the development and preparation of the proposed budget; manages the budget review process; implements and administers the adopted budget. Oversees the implementation and enforcement of all City ordinances, resolutions and orders approved by Mayor and City Commission; oversees daily operations to ensure that applicable laws, regulations, policies, and procedures are followed. Reviews and/or approves departmental activity reports, financial reports, balance sheets, monthly budget summaries, check requisitions, insurance claims, and others; makes recommendations and forwards documents for further action. Participates in the review of bid proposals, construction schedules, and contracts. Confers with City Attorney, department directors, public safety officials, county judges, and others involved in municipal government operations. Represents the City at neighborhood organization meetings, government meetings and public hearings; provides information regarding City services, policies and functions; answers questions and responds to inquiries from the general public; coordinates the investigation or resolution of problems. Reviews and approves serious disciplinary and termination actions; serves as the City’s representative in lawsuits and grievances, as necessary; oversees the handling and resolution of employee grievances. Represents the Mayor and City Commissioners at public functions, City meetings, and special events; gives speeches and presentations to civic groups. Attends conferences and seminars to maintain knowledge of the policies, principles, and practices in local government management; maintains an awareness of new trends and improvements in City management; reads professional journals and news articles; maintains professional affiliations and organization memberships. MINIMUM QUALIFICATIONS Bachelor degree from an accredited college or university in public administration, political science, business administration or closely-related field supplemented by six (6) years of progressively responsible managerial experience that includes municipal or county management, finance, or public administration. Must possess and maintain a valid Florida driver’s license. Successful completion of at least 15 credit hours of Master level coursework at an accredited college or university in public administration will substitute for closely-related field requirement of degree. PREFERRED Master degree from an accredited college or university in public administration, business administration, or political science. ICMA Credentialed Manager (ICMA-CM). 310 of 355 PERFORMANCE APTITUDES Data Utilization : Requires the ability to synthesize and integrate data for predicting, anticipating, and planning for future events impacting the organization. Includes determining strategic and tactical decisions at the highest organizational levels of authority and responsibility. Human Interaction : Requires the ability to function in a director capacity for a major organizational unit requiring significant internal and external interaction. Equipment, Machinery, Tools, and Materials Utilization : Requires the ability to operate, maneuver and/or control the actions of equipment, machinery, tools, and/or materials used in performing essential functions. Verbal Aptitude : Requires the ability to utilize consulting and advisory data and information, as well as reference, descriptive and/or design data and information as applicable. Mathematical Aptitude : Requires the ability to perform addition, subtraction, multiplication and division; ability to calculate decimals and percentages; may include ability to perform mathematical operations with fractions; may include ability to compute discount, interest, profit and loss, ratio and proportion; may include ability to calculate surface areas, volumes, weights, and measures. Functional Reasoning : Requires the ability to apply principles of logical or synthesis functions; to deal with several concrete and abstract variables; and to analyze major problems that require complex planning for interrelated activities that can span one or several work units. Situational Reasoning : Requires the ability to exercise judgment, decisiveness and creativity in critical and/or unexpected situations involving moderate risk to the organization. ADA COMPLIANCE Physical Ability : Tasks require the ability to exert light physical effort in sedentary to light work, but which may involve some lifting, carrying, pushing and/or pulling of objects and materials of light weight (10 pounds). Tasks may involve extended periods of time at a keyboard or work station. Sensory Requirements : Some tasks require the ability to perceive and discriminate visual cues or signals. Some tasks require the ability to communicate orally. Environmental Factors : Essential functions are regularly performed without exposure to adverse environmental conditions. The City of Boynton Beach, Florida, is an Equal Opportunity Employer. In compliance with the Americans with Disabilities Act (42 U.S. C. 12101 et. seq.), the City of Boynton Beach will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective and current employees to discuss potential accommodations with the employer. The physical demands described are representative of those that must be met by an employee to successfully perform the essential functions of this job. A review of this position has excluded the marginal functions of the position that are incidental to the performance of fundamental job duties. All duties and responsibilities are essential job functions and requirements are subject to possible modifications to reasonably accommodate individuals with disabilities. To perform this job successfully, the incumbent(s) will possess the abilities and aptitudes to 311 of 355 perform each duty proficiently. Some requirements may exclude individuals who pose a direct threat of significant risk to the health or safety of themselves or others. Requirements are representative of the minimum level of knowledge, skills, and ability. 312 of 355 The Community In 1894, Majors Nathan S. Boynton, a Michigan businessman, traveled the canal south from Palm Beach. When he sailed into this tropical locale, he was immediately enthralled by the area and bought 400 acres of land, including a mile of ocean frontage. The Major formed a colonization company to encourage people to move here and become part of a new dream. Just as Native Americans and early settlers enjoyed this area centuries ago, present and future generations will enjoy this tropical treasure located at the “Gateway to the Gulf Stream.” Boynton Beach is the third largest city in Palm Beach County, with a population of 68,217 (2010 Census). The City lies approximately 45 miles north of Miami and 15 miles south of West Palm Beach, encompassing roughly 16.4 square miles. Boynton Beach has direct access to the Intracoastal Waterway, is within a 100 mile radius of three international airports, three major seaports, two major rail lines, as well as, the Tri-Rail commuter system. Demographics Over the last two decades, there has been a significant trend towards more ethnic diversity within the City of Boynton Beach; minorities represent 43% of the population. This demographic profile contributes to the cultural vibrancy of our community and challenges us to deliver services to meet the diverse needs of our citizenry. The median household income for residents is approximately $41,499. The Organization The Commission-Manager form of government directs the operations of the City of Boynton Beach. Voters elect a Mayor at-large and four Commissioners who represent the Districts in which they reside. They meet twice monthly to set City policy. The Commission appoints a City Manager to oversee the day-to-day operations of the City. The Commission has developed goals that are consistent with the City’s values: Diversity, Integrity, Stewardship, and Creativity. The goals are to strengthen the City’s role in supporting development of the local economy; promote Boynton Beach as a desirable destination to live, work, play and learn; and develop additional ways to foster a financially sustainable budget. For more information on the City of Boynton Beach, please visit: www.boynton- beach.org. The City of Boynton Beach is a high performing organization at an important crossroad. Currently, the City has approximately 800 full and part time employees in the following departments/offices: City Attorney, City Manager, Development, Finance, Fire, Golf Course, Human Resources, Information Technology Services, Library, Police, Public Works, Recreation and Parks, Risk Management, and Utilities. The citywide budget for FY 2011-12 totals $154 million. While the City’s current operations remain fully funded and financially healthy, an additional voter-approved Homestead Property Tax Exemption and the general state of the economy have impacted many of the programs and services supported by property tax revenues. Current Challenges In light of the current economic climate, fiscal health and sustainability are top priorities for the City of Boynton Beach. Although the City has shown good fiscal responsibility and endured the downturn thus far, its financial future remains challenging. While there is no single action or effort that will resolve the City’s financial situation, policy direction from the Commission regarding new revenues, partner funding, and expenditure reduction options, including concurrence from its four labor unions, will be necessary for the City to remain a leader in providing local government services. Although wages have remained the same over the past three years, personnel costs associated with medical and dental care and retirement benefits have increased. The City began the FY 2011-12 budget, planning cycle with a gap of $9-$10 million; City staff, working with the Citizen Financial Advisory Committee, was challenged to trim budgets 8%-10%. They developed packages that reduced some services taking into account the community’s needs and priorities and the City’s ability to afford those services. One result of the challenge led to a reduction in force; another resulted in offering employees a Voluntary Separation Program. The Position The Mayor and Commission are seeking a practical leader who embraces open government and transparency, as well as, possesses solid managerial, financial and organizational skills and has high ethics and integrity. It is expected that the City Manager will treat everyone with equality and respect and that (s)he will provide sound recommendations for the Commissioners’ consideration. The new City Manager will provide strategic leadership, focus and direction to, not only the Mayor and City Commission, but to the many Boards and Committees as well as the community as a whole. 313 of 355 The City Manager must possess excellent interpersonal skills including outstanding listening and communication skills. (S)he will be very visibly involved in and accessible to the community and staff. The City Manager will team with the Mayor, City Commission and staff in order to provide open, responsive, customer-oriented service to the community. (S)he will be expected to maintain and improve cooperative, working relationships within the City, with neighboring municipalities, and with the County, State and other governmental and regional agencies. Critical, success factors for the new City Manager will concentrate on managing the City’s financial sustainability, economic development, diversification, planning and land use. (S)he will be evaluated on successful collaboration, consensus building, innovative problem solving and successful management of the day-to-day operations of the City while simultaneously taking into account future trends that may affect the City. Minimum Qualifications Bachelor degree from an accredited college or university in public administration, political science, business administration or closely-related field supplemented by six (6) years of progressively responsible managerial experience that includes municipal or county management, finance, or public administration. Successful completion of at least 15 credit hours of Master level coursework at an accredited college or university in public administration will substitute for closely-related field requirement of the degree. S(he) must possess and maintain a valid Florida driver’s license. Preferred Master degree from an accredited college or university in public administration, business administration, or political science and ICMA Credentialed Manager (ICMA-CM) are preferred. Compensation The City Commission will offer a competitive salary and benefits package, depending upon the qualifications of the selected candidate. It is anticipated that the new City Manager will start in the $150,000 range. The City’s benefits package includes vacation leave, sick leave, life and disability insurance and a retirement plan through the City’s own retirement system. Criteria Appointment will be based on the applicant who is the best fit for the City, who has the required combination of competency, education, training and experience as it relates to the position, and who has successfully passed a thorough background investigation. Search Schedule  Closing Deadline  Screening of Applications  Assessment  Recommendation of Candidates  Finalist Individual Interview  Finalist Public Interview Applying for the Position To apply for this opportunity, please complete an online application and upload your resume and cover letter at https://egoveast2.aspgov.com/byb2c2gka/index.jsp, or visit www.boynton-beach.org and select the Job Opportunities link on the left side of our home page. An online application is required to be completed. Resume and cover letter are supplementary documents. The City reserves the right to consider only the most highly qualified applicants for the succeeding examination processes; the Application Review (Training and Experience Evaluation) and Interview. 314 of 355 13. A LEGAL October 4, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 4, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC:PROPOSED ORDINANCE NO. 11-023 - SECOND EQUESTED CTION BY ITY OMMISSION READING - PUBLIC HEARING - Amend the Land Development Regulations (LDR) to 1) allow Indoor Athletic Instruction / Training establishments in the M-1 zoning district without limiting their size or restricting their location to multiple-tenant buildings on properties fronting on arterial or collector roadways; 2) change the definition of Indoor Athletic Instruction / Training to emphasize athletic activities; and 3) expand the definition of Indoor Entertainment to include indoor playground and play centers. Applicant: City-initiated. ER:Last year staff comprehensively evaluated gymnastics, dance XPLANATION OF EQUEST instruction, cheerleading, karate studios, and other similar athletic instruction related types of businesses, and discovered that many of them rely on building designs with taller ceilings and larger spaces in order to accommodate their specific training apparatus and physical routines. These requisite characteristics are typically found in buildings on sites located in industrial areas, more so, than in commercial centers. To address this issue, staff created provisions for “Indoor Athletic Instruction / Training,” which essentially blended the aforementioned uses into a single principal use. The underlying characteristic of this use however, is the “instruction and training” component to the operation. This code amendment, if approved, would further the initiative for internal consistency in the LDR, in that the current restriction limiting the location of these establishments to arterial and collector roadways in the M-1 district was an unintended consequence resulting from the wholesale changes to the code by the LDR Rewrite project. Staff has received inquiries from businesses that provide indoor recreational activities for children, particularly those establishments with . Staff indoor playgrounds and play centers believes indoor playgrounds and play centers, as a principal use, will be a growing industry, especially after the economy rebounds and residents have more disposable income for recreation and entertainment. This type of use however, is not explicitly itemized under a 315 of 355 particular principal use heading in the zoning code. To be more user-friendly and avoid future confusion, staff is recommending changing the current definition of Indoor Entertainment to include the aforementioned activities. Staff believes the proposed code amendment would also further business and economic development by allowing more properties to be available to indoor playground and child play centers - a type of business that is becoming more popular in the recreation industry. rd The Planning & Development Board reviewed this item on August 23 and forwards it to the City Commission with a recommendation for approval. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: New businesses accommodated to contribute to property values, permit ISCAL MPACT revenues, and business tax revenues. A: Not approve subject code amendment or approve with changes. LTERNATIVES 316 of 355 ORDINANCE NO. 11- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS, CHAPTER 1, ARTICLE II, “DEFINITIONS”, TO EMPHASIZE ATHLETIC ACTIVITIES AND EXPAND THE DEFINITION OF INDOOR ENTERTAINMENT TO INCLUDE INDOOR PLAYGROUND AND PLAY CENTERS; AMENDING CHAPTER 3, ARTICLE IV, “USE REGULATIONS” TO ALLOW INDOOR ATHLETIC INSTRUCTION /TRAINING IN THE M-1 ZONING DISTRICT; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS , Indoor Athletic Instruction / Training is considered a blend of different types of activities that may be commonly found in other similar principal uses; and WHEREAS , staff created a new blended principal use however, it was discovered that a restriction had been inadvertently placed on the subject use in the M-1 district, essentially limiting it to multi-tenant buildings on properties that front arterial or collector roadways; and WHEREAS, staff believes that indoor playgrounds and play centers is a growing industry that the M-1 district should be considered for this addition based on its similarity with the other uses in this category as well as similar building design needs that are commonly found in the industrial district; and WHEREAS, the City Commission has considered the recommendations and has determined and finds that the changes in definitions of Indoor Athletic Instruction / Training and Indoor Entertainment, along with allowing Indoor Athletic Instruction / Training establishments in the M-1 zoning district without limiting their size or restricting their location to multiple-tenant buildings on properties fronting on arterial or collector roadways will further the initiative for internal consistency in the Land Development Regulations. 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, Article II, “Definitions”, of the Land Development Regulations of the City of Boynton Beach Code of Ordinances is hereby amended as follows: 317 of 355 … ENTERTAINMENT, INDOOR - An establishment primarily engaged in operating amusement arcades/parlors, billiard halls, bowling alleys, paint ball, shooting ranges, skating rinks, playground and play centers, and the like. Arcades include any electric or electronic machines (i.e. pinball, video games) which provide amusement, enjoyment, or entertainment, and must comply with F.S. Chapter 849. See "Amusement Arcade." … INDOOR ATHLETIC INSTRUCTION / TRAINING - An establishment primarily engaged in offering athletic instruction or training including martial arts, gymnastics, cheerleading, Deleted: in arts or recreation, batting/golfing, and dance studios, and other similar types of uses having the same characteristics and special needs as confirmed by staff. … Section 3. Chapter 3, Article IV, Section 3.D “Use Matrix” of the Land Development Regulations of the City of Boynton Beach Code of Ordinances is hereby amended as follows: SEE ATTACHED MATRIX Section 4. Chapter 3, Article IV, Section 3.E “Use Matrix Notes and Restrictions” of the Land Development Regulations of the City of Boynton Beach Code of Ordinances is hereby amended as follows: Deleted: 67 66. Entertainment, Indoor. a. C-2 District. Limited to amusement arcades and shall be only allowed in a Deleted: plaza shopping center located on an arterial roadway. b. M-1 District. Limited to indoor playground / play centers and amusement arcades only. 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. 318 of 355 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. FIRST READING this ___ day of ___________, 2011. 319 of 355 SECOND, FINAL READING AND PASSAGE this _____ day of ________, 2011. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – William Orlove ______________________________ Commissioner – Woodrow L. Hay ______________________________ Commissioner – Steven Holzman _______________________________ Commissioner – Marlene Ross ATTEST: ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 320 of 355 P = Permitted Residential Commercial Mixed-Use Indus Misc C = Conditional NOTES * A = Accessory X = Prohibited AA √L1L2L3 √√ H IPUD A MHPSMU AABPID CBD * (see Legend) PUD PCD ----REC - -- 1 MUMUMUMU 1111231234 √ PU (see Legend) - ---------- M RRRRRRCCCC √√ (see Legend) ARTS, ENTERTAINMENT & RECREATIONAL 2 6 Indoor Athletic PPPPPPPP9 Instruction / P P P * * * * * * * * 11 Training 68 Deleted: 69 Formatted: Underline Formatted: Underline 321 of 355 322 of 355 323 of 355 324 of 355 325 of 355 13. B LEGAL October 4, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 4, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC:PROPOSED ORDINANCE NO. 11-024 - SECOND EQUESTED CTION BY ITY OMMISSION READING - PUBLIC HEARING - Amend the Land Development Regulations (LDR) to clarify the methodology used to calculate the maximum wall signage allowed for any given building or tenant space. Applicant: City-initiated. ER: Prior to the approval of Ordinance 10-025 (LDR Rewrite), the sign XPLANATION OF EQUEST code was more explicit with respect to the methodology used in determining the maximum allowable wall sign area. According to the prior, longstanding LDR, the maximum area was based on the linear building frontage. Therefore, sign area is logically intended to be a factor of length of building frontage and presence along the principal roadway, rather than a factor of building depth or perimeter. However, the term frontage was inadvertently excluded from the new code when the written standard was converted into tabular format. The omission of “frontage” from the LDR potentially changes the meaning or interpretation of this standard, which would allow signs that are excessive in size and inconsistent with the intent of the City’s sign regulations. rd The Planning & Development Board reviewed this item on August 23 and forwards with a recommendation for approval. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: Not approve subject code amendment or approve with changes. LTERNATIVES 326 of 355 ORDINANCE NO. 11- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS, CHAPTER 4, ARTICLE IV, SECTION 1.C.1, “WALL SIGN (AFFIXED TO BUILDINGS)” TO CLARIFY THE METHODOLOGY USED TO CALCULATE THE MAXIMUM WALL SIGNAGE ALLOWED FOR ANY GIVEN BUILDING OR TENANT SPACE; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS , prior to the Land Development Regulations rewrite, the sign code was more explicit with respect to the methodology used in determining the maximum allowable wall sign area; and WHEREAS , the maximum area was based on the linear building frontage and therefore, sign area is logically intended to be a factor of length of building frontage and presence along the principal roadway, rather than a factor of building depth or perimeter; and WHEREAS, the term frontage was inadvertently excluded from the new code when the written standard was rearranged into tabular format which omission potentially changes the meaning or interpretation of this standard and would allow signs that are excessive in size and inconsistent with the intent of the City’s sign regulations; and WHEREAS, the City Commission has considered the recommendations and has determined and finds that the changes to clarify the methodology used to calculate the maximum wall signage allowed for any given building or tenant space is consistent to meet the intent of the original sign code in the Land Development Regulations. 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 4, Article IV, Section 1.C.1. “Wall Sign (Affixed to Building)” of the Land Development Regulations of the City of Boynton Beach Code of Ordinances is hereby amended as follows: 327 of 355 … b. Maximum Sign Area (Table 4-13). The maximum allowable wall sign area is a factor of the zoning district within which a building is located and the length of such building. Specifically, it shall be based on the ratio of wall and to ach linear foot of building frontage or tenant space frontage. The maximum allowable area for wall signs is a factor of the zoning district and length of the building wall. Wall signs shall be allowed in accordance with the following table: Ratio of Maximum Allowable Signage Area Zoning District Sign Area Building (square feet) Frontage Residential Single-Family 1 districts 1 R-2 1 PUD1 s.f. 1-foot 2 R-3 2 IPUD CBD Industrial Commercial, excluding CBD 3,4 1.5 s.f 1-foot Mixed Use Miscellaneous 1 Wall signs are allowed for nonresidential developments within the following: 1) single-family residential districts; 2) the R-2 and PUD districts; and 3) all developments containing multiple-family residential uses (in excess of 10 dwelling units). The cumulative signage area shall not exceed 32 square feet. The top of the sign(s) shall not exceed the height of 10 feet. Wall signs are allowed for nonresidential developments within single-family residential, two- family residential and planned unit development zoning districts, and within all developments containing multiple-family residential uses (in excess of 10 dwelling units). The top of the sign(s) shall not exceed the height of 10 feet. 2 Wall signs are allowed within all developments containing multi-family residential or nonresidential uses. 3 Pursuant to Section 5.C.2 below, the maximum wall sign area may be increased by 10% to allow for additional signage on rear facades of multiple- tenant buildings within nonresidential developments. 4 For a multiple-tenant building designed as an indoor shopping mall, the maximum allowable wall sign area may be increased, provided the total signage area (per wall of a major department store or center store containing an exterior customer entrance) does not exceed 10% of the area for each façade. 328 of 355 … Section 3. 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 4. All laws and ordinances applying to the City of Boynton Beach in conflict with any provisions of this ordinance 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. Authority is hereby given to codify this Ordinance. Section 7. This Ordinance shall become effective immediately. FIRST READING this ___ day of ___________, 2011. 329 of 355 SECOND, FINAL READING AND PASSAGE this _____ day of ________, 2011. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – William Orlove ______________________________ Commissioner – Woodrow L. Hay ______________________________ Commissioner – Steven Holzman _______________________________ Commissioner – Marlene Ross ATTEST: ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 330 of 355 DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 11-033 Chair and Members TO: Planning & Development Board FROM: Eric Lee Johnson, AICP Planner II Michael Rumpf THROUGH: Director of Planning and Zoning August 15, 2011 DATE: Wall Signs (CDRV 11-009) RE: Wall Sign Area and Building Frontage Amendment to Land Development Regulations OVERVIEW The rewrite of the City’s land development regulations (LDR) allowed staff to perform a complete review and analysis of each standard, regulation, and process. As part of the post-adoption process, staff anticipates the periodic need for, and is prepared to expeditiously process, updates and amendments to the LDR for one or more of the following reasons or initiatives: 1. Business and economic development; 2. Sustainability; 3. Maintaining internal consistency; 4. Achieving regulatory compliance; and 5. Incorporating implementation feedback necessary to meet original or current objectives and vision. NATURE OF REQUEST Amend the Land Development Regulations (LDR) to clarify the methodology used to calculate the maximum wall signage allowed for any given building or tenant space. BACKGROUND 331 of 355 Prior to the approval of Ordinance 10-025 (LDR Rewrite), the sign code was more explicit with respect to the methodology used in determining the maximum allowable wall sign area. According to the prior, frontage. longstanding LDR, the maximum area was based on the linear building Therefore, sign area is frontage logically intended to be a factor of length of building and presence along the principal roadway, rather than a factor of building depth or perimeter. However, the term frontage was inadvertently excluded from the new code when the written standard was rearranged into tabular format. The frontage omission of from this clause potentially changes the meaning or interpretation of this standard, which would allow signs that are excessive in size and inconsistent with the intent of the City’s sign regulations. The below example describes the nuances between the two (2) possible interpretations, each utilizing the existing sign code regulation where maximum signage is calculated using the formula of one and one- half (1.5) square feet of wall sign area being allowed for each linear foot. A certain building is located in a commercial zoning district and has frontage on Main Street. The length of the building along Main Street is 150 feet. The other three (3) sides of the building are also 150 feet long, but they do not have frontage on any other streets. The maximum wall sign area is 1.5 square feet for every linear foot. Example 1 – “Linear Building Frontage” Under this methodology, the maximum allowable area is based on the actual building frontage, which in the above scenario is only one side of the building (150 feet). This translates to the following: 1.5 s.f. of wall sign area x 150 linear feet = 225 square feet of wall sign area Example 2 – “Each Liner Foot of Building or Tenant Space” Under this methodology, the maximum allowable area is based on all four (4) sides of the building because there is no stipulation for frontage, resulting in 600 linear feet. This translates to the following: 1.5 s.f. of wall sign area x 600 linear feet = 900 square feet of wall sign area. It is clear from the above examples that the term “frontage” is critical to the methodology when determining maximum allowable wall sign area. This methodology continues what has been enforced for many years in the City and is consistent with the standard method found in most sign codes throughout the country. PROPOSED AMENDMENTS To meet the intent of the original sign code, and to enhance the appearance of the way it would appear on the LDR, the following changes are recommended to Part III (LDR), Chapter 4, Article IV: See next page b. Maximum Sign Area (Table 4-13). The maximum allowable wall sign area is a factor of the zoning district within which a building is located and the length of such building. Specifically, it shall be based on the ratio of wall and to ach linear foot of 332 of 355 building frontage or tenant space frontage. The maximum allowable area for wall signs is a factor of the zoning district and length of the building wall. Wall signs shall be allowed in accordance with the following table: Ratio of Maximum Allowable Signage Area Zoning District Sign Area Building Frontage (square feet) Residential 1 Single-Family districts 1 R-2 1 PUD 1 s.f.1-foot 2 R-3 2 IPUD CBD Industrial Commercial, excluding CBD 3,4 1.5 s.f 1-foot Mixed Use Miscellaneous 1 Wall signs are allowed for nonresidential developments within the following: 1) single- family residential districts; 2) the R-2 and PUD districts; and 3) all developments containing multiple-family residential uses (in excess of 10 dwelling units). The cumulative signage area shall not exceed 32 square feet. The top of the sign(s) shall not exceed the height of 10 feet. Wall signs are allowed for nonresidential developments within single-family residential, two-family residential and planned unit development zoning districts, and within all developments containing multiple-family residential uses (in excess of 10 dwelling units). The top of the sign(s) shall not exceed the height of 10 feet. 2 Wall signs are allowed within all developments containing multi-family residential or nonresidential uses. 3 Pursuant to Section 5.C.2 below, the maximum wall sign area may be increased by 10% to allow for additional signage on rear facades of multiple-tenant buildings within nonresidential developments. 4 For a multiple-tenant building designed as an indoor shopping mall, the maximum allowable wall sign area may be increased, provided the total signage area (per wall of a major department store or center store containing an exterior customer entrance) does not exceed 10% of the area for each façade. RECOMMENDATION Staff recommends that the proposed amendments to the sign code as described above be approved. S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 11-009 Wall Signs\CDRV 11-009 Wall Signs Staff Report.doc 333 of 355 13. C LEGAL October 4, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 4, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC:PROPOSED ORDINANCE NO. 11-025 - SECOND EQUESTED CTION BY ITY OMMISSION READING - PUBLIC HEARING - Changing all references in the City's Code of Ordinances and any other City records from "Boat Club Park" to know be known as "Harvey E. Oyer, Jr. Park" as previously approved by the City Commission. ER: At the June 21, 2011 meeting, the Commission approved renaming XPLANATION OF EQUEST Boat Club Park in honor of Harvey E. Oyer, Jr. Consequently, this requires changing all references to “Boat Club Park” in the City of Boynton Beach’s Code of Ordinances and all other City records to now be known as “Harvey E. Oyer, Jr. Park”. H? No affect. OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: No impact. ISCAL MPACT A: None. The Code of Ordinances and all City records need to be changed to LTERNATIVES reflect the new name of the park. 334 of 355 ORDINANCE NO. 11- ________ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING ALL REFERENCES IN THE CITY’S CODE OF ORDINANCES AND ALL OTHER CITY RECORDS TO REFLECT THE NAME CHANGE OF “BOAT CLUB PARK” TO “HARVEY E. OYER, JR. PARK”, PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS , at the June 21, 2011 City Commission meeting the City Commission approved renaming Boat Club Park to now be known as “Harvey E. Oyer, Jr. Park”; and WHEREAS , all references in the City’s Code of Ordinances and all other City records will need to be changed to reflect that Boat Club Park shall now be know as “Harvey E. Oyer, Jr. Park”. NOW, THEREFORE, BE IT ORDAINED 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. All references in the City of Boynton Beach Code of Ordinances and all other City records shall be changed to reflect that Boat Club Park shall now be known as “Harvey E. Oyer, Jr. Park” Section 3. Each and every other provision of the City of Boynton Beach’s Code of ordinances not herein specifically amended shall remain in full force and effect as previously enacted. Section 4. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 5. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 6. Authority is hereby granted to codify said ordinance. Section 7. This ordinance shall become effective immediately. 335 of 355 FIRST READING this ____ day of ______________, 2011. SECOND, FINAL READING AND PASSAGE this ___ day of _________________, 2011. CITY OF BOYNTON BEACH, FLORIDA _____________________________ Mayor – Jose Rodriguez _____________________________ Vice Mayor – William Orlove _____________________________ Commissioner – Woodrow L. Hay _____________________________ Commissioner – Steven Holzman _____________________________ Commissioner – Marlene Ross ATTEST: ________________________ Janet M. Prainito, MMC City Clerk (CORPORATE SEAL) 336 of 355 13. D LEGAL October 4, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 4, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC:PROPOSED ORDINANCE NO. 11-028 - FIRST EQUESTED CTION BY ITY OMMISSION READING - Approve repealing the City's firearm regulations for consistency with Chapter 2011-109, Laws of Florida, which preempts firearm laws and regulation to the State. ER: The City Attorney’s Office recommends amending and XPLANATION OF EQUEST repealing sections of the City’s Code of Ordinances to eliminate any reference to firearms and ammunition. Effective October 1, 2011, Florida law was amended to provide that the entire field of the regulation of firearms and ammunition is preempted to the state, specifically to the exclusion of any city or county ordinances, regulations or rules. As of the effective date, all local ordinances, rules, and regulations pertaining to firearms and ammunition were null and void as a matter or law. Our office recommends repealing these provisions to prevent inadvertent citation to or enforcement of these void laws. H? The regulation of ammunition or firearms OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES is preempted to the state. All local laws and regulations are void as a matter of law. The regulation of firearms must be accomplished through the enforcement of state law. FI: N/A ISCAL MPACT A: Failure to adopt this ordinance will mean that inadvertent citation to or LTERNATIVES enforcement of invalid local firearms regulations may occur. Enforcement of the invalid local laws may result in a fine of up to $5,000 against the violating party; loss of employment, or 337 of 355 removal from office of the violating party; and will subject the city to liability for actual damages, incurred by the party challenging enforcement, of up to $100,000. 338 of 355 ORDINANCE NO. 11-_____ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REPEALING PART II, CHAPTER 15, ARTICLE I, SEC. 15-14 AND PART II, CHAPTER 15, ARTICLE III, SEC. 15-45 OF THE CITY’S CODE OF ORDINANCES RELATING TO FIREARMS; AND AMENDING PART III, CHAPTER 1, ARTICLE II, PERTAINING TO THE DEFINITION OF ART, BOOK, CRAFT, HOBBY, MUSIC, SPORTING GOOD, AND TOY STORES, OF THE CITY’S CODE OF ORDINANCES RELATING TO FIREARMS; PART II, CHAPTER 16, ARTICLE II, SEC. 16-53 AND PART III, CHAPTER 3, ARTICLE IV, SECTION (3)(E)(25); PROVIDING FOR CONSISTENCY WITH CHAPTER 2011-109, LAWS OF FLORIDA, WHICH PREEMPTS FIREARM LAWS AND REGULATION TO THE STATE; PROVIDING FOR CONFLICTS; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, on June 2, 2011, House Bill 45, as adopted by the 2011 Florida Legislature was signed into law as Chapter 2011-109, Laws of Florida (the “Act”), by Governor Scott; and WHEREAS, the Act directly preempts the entire field of regulation of firearms and ammunition to the exclusion of any city or county ordinances, regulations or rules; and WHEREAS, the Act provides for an effective date of October 1, 2011; and WHEREAS, the Act provides that any such existing local ordinances, rules or regulations are declared null and void; and WHEREAS, the Act provides for severe sanctions and penalties in the event that the City, Elected Officials, or Employees violate the Legislature’s occupation of the whole field of regulation of firearms and ammunition; and WHEREAS, the City Commission finds the repeal of Part II, Chapter 15, Article I, Sec. 15-14; Part II and Chapter 15, Article III, Section 15-45; and the amendment of Part II, Chapter 16, Article II, Sec. 16-53; Part III, Chapter 3, Article IV, Sec. (3)(E)(25); and Part III, Chapter 1, Article II, pertaining to the definition of art, book, craft, hobby, music, sporting good, and toy stores to be in the best interests of the citizens and residents of the City and necessary to comply with the new law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: 339 of 355 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct, and are hereby incorporated herein and made a part hereof. Section 2. The City Commission of the City of Boynton Beach hereby repeals Part II, Chapter 15, Article I, Sec. 15-14 and Part II, Chapter 15, Article III, Section 15-45; of the City’s Code of Ordinances. Section 3. Part II, Chapter 16, Article II, Sec. 16-53; is amended to read: Sec. 16-53. Hunting; weapons; shooting It shall be unlawful for any person to hunt, trap or pursue wild life at any time on any beach or park; nor shall any person use, carry or possess firearms of any description, or air- rifles, spring-guns, bow and arrows, slings or any other forms of weapons potentially inimical to wild life and dangerous to human safety, excluding firearms, or any instrument that can be loaded with and fire blank cartridges, or any kind of trapping device. Shooting into a park area from beyond the park boundaries is forbidden. Section 4. Part III, Chapter 3, Article IV, Sec. (3)(E)(25) is amended to read: 25. Art, Book, Craft, Hobby, Music, Sporting Good, & Toy Store. a. C-2 District. Gross floor area shall not exceed five thousand (5,000) square feet. The sale of ammunition or firearms is prohibited. b. CBD District. Bait and tackle shops are permitted as an accessory use to marinas, including yacht club. c. "Mixed Use" Districts. The sale of ammunition or firearms is prohibited. Section 5. Part III, Chapter 1, Article II defining Art, Book, Craft, Hobby, Music, Sporting Good & Toy Store is amended to read: ART, BOOK, CRAFT, HOBBY, MUSIC, SPORTING GOOD, & TOY STORE - Establishments that retail and provide expertise on the use of sporting equipment (such as a bicycle or dive shops) or other specific leisure activities, such as needlework and musical instruments. but excluding the sale of ammunition or firearms as a principal use. Sporting goods stores may retail ammunition and/or firearms as an accessory use. Craft stores are primarily engaged in retailing new sewing supplies, fabrics, patterns, yarns, and other needlework accessories or retailing these products in combination with selling new sewing machines. This use also includes establishments that are primarily engaged in displaying works of art for retail sale in art galleries. Section 6. The appropriate members of the City staff are hereby authorized to take any and all steps necessary to effectuate the intent of this Ordinance. Section 7. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. 340 of 355 Section 8. If any clause, section, or other part or application of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and so not affecting the validity of the remaining portions or applications remaining in full force and effect. Section 9. This Ordinance shall become effective on October 1, 2011. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK 341 of 355 FIRST READING this ________ day of __________________, 2011. SECOND, FINAL READING AND PASSAGE this _____day of _______________, 2011. CITY OF BOYNTON BEACH, FLORIDA _____________________________ Mayor – Jose Rodriguez _____________________________ Vice Mayor – William Orlove _____________________________ Commissioner – Woodrow L. Hay _____________________________ Commissioner – Steven Holzman _____________________________ Commissioner – Marlene Ross ATTEST: _______________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 342 of 355 13. E LEGAL October 4, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 4, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC:PROPOSED ORDINANCE NO. 11-029 - FIRST EQUESTED CTION BY ITY OMMISSION READING - draft Lobbyist Registration and Disclosure of Lobbying Activity Ordinance. ER: At the July 19, 2011 City Commission meeting the City Commission XPLANATION OF EQUEST directed the City Attorney to revise the City’s Lobbyist Registration Ordinance. The attached Ordinance incorporates changes to the definition of Lobbying and Lobbyist to conform to Palm Beach County definitions. Alleged violations of the City of Boynton Beach Lobbyist Disclosure Ordinance will be forwarded to the Palm Beach County Commission on Ethics and the Office of the Inspector General to investigate (at their respective discretion) and determine if any violation of the County ethics or . procurement standards have occurredThe Ordinance retains but simplifies language regarding the Cone of Silence. H? There is limited administrative oversight OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES required; City Clerk will maintain a registered lobbyist list in the same manner as is currently occurring. FI: Following referral of a complaint to the Commission on Ethics or Office of Inspector ISCAL MPACT General the City should not anticipate any cost other than the City’s annual proportionate share. The City is obligated to pay the Palm Beach County Inspector General $91,379 for the 2011-2012 fiscal year. The City will be billed in October for June through September 2011 in the amount of $28,126. A: 1. Continue with the current Lobbyist Registration Ordinance without modification. LTERNATIVES 2. Modify the current Lobbyist Registration Ordinance to a different degree. 3. Provide no provisions for City regulations of Lobbyist and rely on countywide ethical regulations and Office of Inspector General oversight of procurement . activity 343 of 355 ORDINANCE NO. 11- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, DELETING THE CURRENT CHAPTER 2, ARTICLE XVII, “REGISTRATION OF LOBBYIST” IN ITS ENTIRETY AND CREATING A NEW ARTICLE XVII “REGISTRATION OF LOBBYIST AND DISCLOSURE OF LOBBYING ACTIVITY”; PROVIDING FOR REPEAL OF LAWS IN CONFLICT, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED 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 incorporated herein and made a part hereof. Section 2. Article XVII entitled “Registration of Lobbyist” of Chapter 2 of the Code of Ordinances is hereby deleted in its entirety Section 3. A new Article XVII entitled “Registration of Lobbyist” of Chapter 2 of the Code of Ordinances is hereby created to read as follows: Sec. 2-230 Title and Purpose. (a) This Ordinance may be referred to as the “City of Boynton Beach Lobbyist Disclosure Ordinance.” (b) It is the intent of this ordinance that: (1) Lobbyists register with the City Clerk; (2) Lobbyists disclose lobbying activity as a condition precedent to the award of a contract, grant award, land development order or conveyance of property; and (3) City Commissioners, prior to voting on any matter that results in the award of a contract, award of a grant, award or the approval of a land development order or conveyance of property disclose the names of lobbyists, as that term is defined in this ordinance, who have contacted the 344 of 355 City Commissioner to advocate on behalf of a person or entity seeking a contract, grant award, land development order or conveyance of property. Sec. 2-231 Definitions. (a) Unless expressly provided herein to the contrary, for purposes of this Ordinance, the following definitions will apply: “Commission” (1) will mean the City Commission of the City of Boynton Beach, Florida when acting as a collegial body. “City Commissioner” (2) will mean any member of the City Commission of the City of Boynton Beach, Florida. Lobbying” (3) “ shall mean seeking to influence a decision through oral or written communication or an attempt to obtain the goodwill of any City Commissioner with respect to the passage, defeat or modification of any item which may foreseeably be presented for consideration to the City Commission regarding: a. The award of a contract. b. The award of a grant. c. The approval of a Development Order. d. The acquisition or conveyance of an interest in real property. Lobbyist” (4) “ shall mean any person who is employed and receives payment, or who contracts for economic consideration, for the purpose of lobbying on behalf of a principal, and shall include an employee whose principal responsibility to the employer is overseeing the employer's various relationships with government or representing the employer in its contacts with government. "Lobbyist" shall not include: Formatted: Font: Bold, Not Italic a. Any employee, contract employee, or independent contractor of a governmental agency or entity lobbying on behalf of that agency or entity, any elected local official when the Formatted: Line spacing: Double official is lobbying on behalf of the governmental agency or entity which the official serves, or 345 of 355 Formatted: Font: Bold, Not Italic Formatted: Indent: First line: 0.5", Line spacing: Double Formatted: Font: Bold, Not Italic Formatted: Indent: Left: 0.5", First line: 0.5", Line spacing: Double any member of the official's staff when such staff member is lobbying on an occasional basis on behalf of the governmental agency or entity by which the staff member is employed. b. Any person who is retained or employed for the purpose of representing an employer, principal or client only during a publicly noticed quasi-judicial hearing or comprehensive plan hearing, provided the person identifies the employer, principal or client at the hearing. c. Any expert witness who is retained or employed by an employer, principal or client to provide only scientific, technical or other specialized information provided in agenda materials or testimony only in public hearings, so long as the expert identifies the employer, principal or client at the hearing. d. Any person who lobbies only in his or her individual capacity for the purpose of self-representation or representation of a not for profit organization and without compensation. e. Any employee, contract employee, or independent contractor of the Palm Beach County League of Cities, Inc., lobbying on behalf of that entity.. “Principal” (5) shall mean the person or entity a Lobbyist represents for the purpose of Lobbying. The term encompasses all officers, directors, employees, and agents of the entity. Sec. 2-232 Registration Required. All Lobbyists shall register with City Clerk no later than the end of the business next following the first communication with a City Commission. Every Lobbyist shall submit a form prepared by the City Administration and shall state his or her name, address, the name and address of each Principal represented, the general and specific areas of legislative interest, and the nature and extent of any direct business association or partnership with any current City Commissioner. Sec. 2-233 Registration Exceptions. (a) Registration shall not be required for the following: 346 of 355 Formatted: Indent: Left: 0.5", First line: 0.5" (1) City Commissioners, Advisory Board members or Employees discussion matters relevant to their official duties; (2) Persons under contract with the City who communicate with City Commissioners regarding matters related to their current contract, (3) Advisory Board members or Employees regarding issues related only to the performance of their services under their contract; (4) Representative of not for profit organizations. (5) Any Person who is a party before the Commission or Advisory Board in a quasi-judicial proceeding. Sec. 2-234 Disclosure prior to vote . (a) Prior to the City Commission vote on: (1) The award of a contract. (2) The award of a grant. (3) The approval of a Development Order. (4) The acquisition or conveyance of an interest in real property. each member of the City Commission shall disclose whether he or she has been contacted by a Lobbyist or a Principal with respect to the matter coming forward on the agenda for consideration. (b) Prior to the vote on: (1) The award of a contract. (2) The award of a grant. (3) The approval of a Development Order. (4) The acquisition or conveyance of an interest in real property. any person or entity which is under consideration for any contract award, grant award, or conveyance of property or Development Order must file a written disclosure of all communications made by any Principal or Lobbyist to any member of the City Commission. Failure to file such disclosure shall 347 of 355 disqualify the person or entity from receiving the contract, grant, Development Order or conveyance of property. Sec. 2-235 Disclosures not Required Members of the City Commission are not required to disclose communications with citizens, constituents, or other interested parties who communicate with Commissioners with respect to matters coming before the Commission for discussion or action, provided the citizen, constituent, or other interested party is not being compensated, directly or indirectly, by a Principal or Lobbyist. Sec. 2-236 Inclusion in City Procurement Regulations The City Administration is directed to included the provisions of this ordinance in the City’s procurement regulations Sec. 2-237 Inclusion in Notices involving competitive selection The City Administration is directed to include notice the provisions of this ordinance in all notices when competitive selection or ward will occur and on applications for land development orders or approvals. Sec. __2-238__ Cone of Silence. (a) “Cone of Silence” means a prohibition on any communication, except for written correspondence, regarding a particular Request for Proposal, Request for Qualification, bid, or any other competitive solicitation between: (1). Any Principal or Person’s representative seeking an award from such competitive solicitation, and (2) Any City Commissioner or Commissioner’s staff, or any Employee authorized to act on behalf of the Commission to award a particular contract. (b) For the purposes of this Section, a Person’s representative shall include but not be limited to the Person’s employee, partner, officer, director, consultant, Lobbyist, or any actual or potential subcontractor or consultant of the Person. 348 of 355 Formatted: Indent: First line: 0.5" Formatted: Indent: First line: 0.5" (c) The Cone of Silence shall be in effect as of the deadline to submit the proposal bid, or other response to a competitive solicitation. Each Request for Proposal, Request for Qualification, bid, or any other competitive solicitation shall provide notice of Cone of Silence requirements and refer to this Ordinance. (d) The provisions of this Ordinance shall not apply to oral communications at any public proceeding. Further, the Cone of Silence shall not apply to communications with City Staff or contract negotiations. (e) The Cone of Silence shall not apply to any purchases made in an amount less than the competitive bid threshold set forth in the City of Boynton Beach Purchasing Policies. (f) The Cone of Silence shall terminate at the time the City Commission awards or approves a contract, rejects all bids or responses, or otherwise takes action which ends the solicitation process. Sec. 2-239___Violations and Penalties. (a) Violations of the registration and disclosure requirements of this ordinance or per se violations of the City’s procurement regulations. (b) Failure of a lobbyist to register with the City Clerk prior to the vote on the award of a contract, award of a grant, approval of a Development Order, or City acquisition or conveyance of an interest in real property shall result in disqualification of the Lobbyist’s Principal from the award, approval, acquisition or conveyance matter pending before the City Commission. (c) When it is determined that undisclosed lobbying activity occurred after the award of a contract, award of a grant, approval of a Development Order, or City acquisition or conveyance of an interest in real property, the contract, award, approval, acquisition, or conveyance shall be voidable by the City Commission. The City Commission shall have sole authority to void prior Commission action and may only do so following no less than ten (10) days notice to the person or entity whose interest may be void and a quasi-judicial public hearing during which the person or entity is afforded an opportunity to address the Commission. 349 of 355 (d) Alleged violations of the City of Boynton Beach Lobbyist Disclosure Ordinance shall be forwarded to the Palm Beach County Commission on Ethics and the Office of the Inspector General to investigate (at their respective discretion) and determine if any violation of the County ethics or procurement standards have occurred, and what corrective action or enforcement shall be taken. Section 4. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 5. If any clause, section, or other part or application of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and so not affecting the validity of the remaining portions or applications remaining in full force and effect. Section 6. This Ordinance shall become effective on passage. FIRST READING this ________ day of __________________, 2011. SECOND, FINAL READING AND PASSAGE this _____day of _______________, 2011. CITY OF BOYNTON BEACH, FLORIDA _____________________________ Mayor – Jose Rodriguez _____________________________ Vice Mayor – William Orlove _____________________________ Commissioner – Woodrow L. Hay _____________________________ Commissioner – Steven Holzman _____________________________ Commissioner – Marlene Ross ATTEST: _______________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 350 of 355 13. F LEGAL October 4, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 4, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC:Request for closed door session to be held at 5:45 p.m. on EQUESTED CTION BY ITY OMMISSION October 18, 2011 regarding BOYNTON BEACH MAUSOLEUM, INC., Plaintiff/Counter-Defendant, vs. CITY OF BOYNTON BEACH, Defendant/Counter-Plaintiff/Third-Party Plaintiff, vs. BOCA RATON MAUSOLEUM, INC., Third-Party Defendant. - Case No. 502008CA030196XXXXMB(AB) ER: Pursuant to Florida Statutes 286.011(8), a request is being made XPLANATION OF EQUEST of the City Commission to meet in private at 5:45 p.m. on Tuesday, October 18, 2011 to discuss pending litigation as noted above. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: The cost of a court reporter to transcribe the forty-five minute session. ISCAL MPACT A: Decline the request to meet in a closed door session to discuss litigation. LTERNATIVES 351 of 355 CITY OF BOYNTON BEACH City Attorney’s Office MEMORANDUM TO: Honorable Mayor and City Commission Lori LaVerriere, Interim City Manager FROM: James A. Cherof, City Attorney DATE: September 27, 2011 RE: Request for Private Attorney-Client Session ________________________________________________________________________ Pursuant to Section 286.011(8), Florida Statutes, I am requesting a private attorney-client session of the City Commission to be held at 5:45 p.m. on Tuesday, October 18, 2011, to discuss pending litigation in the following case: BOYNTON BEACH MAUSOLEUM, INC., Plaintiff/Counter-Defendant, vs. CITY OF BOYNTON BEACH, Defendant/Counter-Plaintiff/Third-Party Plaintiff, vs. BOCA RATON MAUSOLEUM, INC., Third-Party Defendant. - Case No. 502008CA030196XXXXMB(AB) This request is precipitated by developments in the case on which we need additional direction and input from the Commission. I will be in attendance along with Assistant City Attorney, Kerry Ezrol and the Interim City Manager, Lori LaVerriere. We will need approximately forty-five (45) minutes. JAC/lms 352 of 355 14. A FUTURE AGENDA ITEMS October 4, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 4, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC:Revisions to restrictions for vehicle size in residential EQUESTED CTION BY ITY OMMISSION districts - 10/18/11 ER: Development staff will provide draft ordinance revisions for XPLANATION OF EQUEST consideration by the City Commission regarding restrictions for vehicle size in residential districts. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 353 of 355 14. B FUTURE AGENDA ITEMS October 4, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 4, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC:Draft Economic Development Plan for the City of Boynton EQUESTED CTION BY ITY OMMISSION Beach - 10/18/11 ER: Pursuant to a discussion at its meeting of June 7, 2011, the City XPLANATION OF EQUEST Commission requested that staff provide information on the tools that should be used and the funds that should be budgeted to create a plan for economic growth in the City. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 354 of 355 14. C FUTURE AGENDA ITEMS October 4, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 4, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC:Report from Branding Committee - 10/18/11 EQUESTED CTION BY ITY OMMISSION ER: As the City begins it’s Economic Development planning and XPLANATION OF EQUEST initiatives, serious consideration should be given to the City’s image as well. In order for the City of Boynton Beach to become a destination location, it needs to have an identifiable presence connecting to our amenities. As a result of the recommendation from the Arts Commission, a Branding Committee comprised of City staff and members of the CRA and Chamber of Commerce has been working together to capture that image and receive feedback from our stakeholders. The accumulation of that effort will be presented in a Branding Report to the City Commission. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 355 of 355