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Agenda 08-17-10 Searchable The City of Boynton Beach Boynton Beach 100 E. Boynton Beach Boulevard ● (561) 742-6000 TUESDAY, AUGUST 17, 2010 6:30 PM FINAL AGENDA City Commission AGENDA Jose Rodriguez Mayor – At Large Marlene Ross Vice Mayor – District IV William Orlove Commissioner – District I Woodrow Hay Commissioner – District II Steven Holzman Commissioner – District III Kurt Bressner City Manager James Cherof City Attorney Janet M. Prainito City Clerk Visit our Web site www.boynton–beach.org We’re Reinventing City Living for The Millennium WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT CITY OF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action.  Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group.  Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda.  Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue.  Public Hearings: Any citizen may speak on an official agenda item under the section entitled “Public Hearings.”  Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission – Time Limit – Three (3) Minutes  Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, presentations and first reading of Ordinances – Time Limit – Three (3) minutes ADDRESSING THE COMMISSION: When addressing the Commission, please step up to either podium and state, for the record, your name and address. DECORUM: Any person who disputes the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over-ruled by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule – some meetings have been moved due to Holidays/Election Day). 2 of 513 1. OPENINGS A. Call to order - Mayor Jose Rodriguez B. Invocation C. Pledge of Allegiance to the Flag led by Vice Mayor Ross D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. OTHER A. Informational Items by Members of the City Commission 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS None 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. ADMINISTRATIVE A. Accept the resignation of Thomas Gresh, a regular member of the Recreation and Parks Board. B. Appoint eligible members of the community to serve in vacant positions on City advisory boards. C. Selection of Chair and Vice-Chair of Financial Advisory Committee 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Approve the Minutes of the Regular City Commission meeting held on August 3, 2010. PROPOSED RESOLUTION NO R10-106 B. - Accept a Federal Fiscal Year 2009 State Homeland Security Grant in the amount of $9,000.00 and execution of the Sub- recipient Funding Agreement, providing sustainment training funds for Boynton Beach Fire Rescue FLUSAR Team #746. 3 of 513 C. Approve the award of the Bid for "ANNUAL SUPPLY OF BRASS FITTINGS Bid #058- 1412-10/MFD to: US Construction Supply, Ferguson, HD Supply, Mainline Supply, Municipal Waterworks, Warner Plumbing and Sunstate Metering on an overall basis, to the lowest, most responsive, responsible bidders who met all specifications with an estimated annual amount of $60,000 for the contract period of August 20, 2010 - August 19, 2011 D. Accept the written report to the Commission for purchases over $10,000.00 for the month of July 2010. PROPOSED RESOLUTION NO. R10-107 E. - Approve support of immediate congressional action to authorize legislation allowing Property Assessed Clean Energy (PACE) Programs. PROPOSED RESOLUTION NO. R10-108 F. - Authorize the acquisition and acceptance of a utility easement from the Banyan Springs Property Owners Association in consideration of the payment of $20,000 PROPOSED RESOLUTION NO. R10-109 G. - Approve supporting the Intracoastal Waterway Plan for Palm Beach County and establishing a working partnership agreement with the seven identified Marina Villages. PROPOSED RESOLUTION NO. R10-110 H. - Approve a one (1) year agreement with Counseling Services Institute, Inc. (CSI), the City's current Employee Assistance Program (EAP) provider, for confidential professional employee assistance services to the City of Boynton Beach employees and their dependents, for an estimated annual expenditure of $10,824. I. PROPOSED RESOLUTION NO. R10-111 - Approve an Interlocal Agreement with the Community Redevelopment Agency for Human Resources services. J. Approve the award of the "TWO YEAR BID FOR AUTOMATIC TRANSMISSION PARTS AND REPAIRS", Bid #045-1412-10/MFD to: FL. Worldwide Transmission as the primary and Oscar's Auto Repair as the secondary on an overall basis, to the lowest, most responsive, responsible bidders who met all specifications with an estimated annual amount of $25,000 for the bid award period of August 18, 2010 to August 17, 2012. 7. BIDS AND PURCHASES OVER $100,000 PROPOSED RESOLUTION NO. R10-112 A. - Approve Addendum to Construction Services Agreement with 1950 Congress Avenue, LLC to exceed the authorized project amount of $429,750.75 by an additional $25,577.75 for the Old Boynton Road Utilities Improvements project for a final project total of $455,328.50 8. CODE COMPLIANCE & LEGAL SETTLEMENTS A. Approve Mediated Settlement in case Earl DeVaughn v. City of Boynton Beach, for $30,000. 4 of 513 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. TABLED ON AUGUST 3, 2010, JULY 20, 2010 and JUNE 15, 2010 A. - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.B.2.a., requiring: (1) a minimum front yard setback of 25 feet, to allow a variance of 18 feet and a front yard setback of 7 feet; and (2) a minimum rear yard setback of 20 feet, to allow a variance of 20 feet and a rear yard setback of 0 feet, for a proposed carport accessory to a single-family residence within the R-1-AAB Single-family Residential zoning district. Applicant: Dr. Steven D. Jaffe B. Approve Habitat for Humanity (ZNCV 10-008) zoning code variance for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.F.2.a., requiring a minimum side yard setback of 10 feet, to allow a variance of 5 feet and a side (east side) yard setback of 5 feet; and, Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.F.2.a., requiring a minimum rear yard setback of 25 feet, to allow a variance of 5 feet and a rear yard setback of 20 feet, for a proposed two- family dwelling (duplex) within the R-2 Duplex Residential zoning district. Applicant: Michael Campbell/Habitat for Humanity. C. Approve Gateway Hotel (NWSP 09-003) new site plan for construction of a four (4) story, 77,744 square foot, 108 room hotel on Lot 2, Quantum Park, in the Planned Industrial Development (PID) Zoning District. Applicant: John Vaughan, Art & Architecture, Inc. D. Approve the amendment of two (2) conditions of approval associated with the previously granted JR Watersports (COUS 10-003) conditional use approval for a 7,419 square foot new boat dealership, to extend the timeframe to complete all site improvements by six (6) months and to allow one (1) watercraft to be displayed forward of the front building line. Applicant: Mike Wood, South Florida Master Craft. PROPOSED ORDINANCE NO. 10-020 - FIRST READING E. - Approve amendment of the Land Development Regulations Chapter 1, Article II Definitions to add a definition for dry cleaners, and Chapter 2. Zoning, Sections 6.F. and 6.H. to allow dry cleaners within all mixed use districts and requiring conditional use approval if they clean or launder clothing on-premises. Dry Cleaners in Mixed Use (CDRV 10-006). Applicant: City initiated F. Approve LDR Re-write Group 8 (CDRV 07-004) code review pursuant to the Land Development Regulation Rewrite Work Schedule, including: Chapter 1, Article VII Administrative and Decision Making Bodies; Chapter 1, Article VIII Appeals; Chapter 1, Article IX Notice of Intent; and all applications administered by the Planning and Zoning Division. Applicant: City initiated. 5 of 513 10. CITY MANAGER’S REPORT A. Accept the Budget Status Report of the General Fund and the Utility Fund for the ten (10) month period ended July 31, 2010. B. Accept the following Report on the Neighborhood Stabilization Program 11. FUTURE AGENDA ITEMS A. Update on Alternative Use of Vacant Landfill Property East of the Boynton Beach Links, Municipal Golf Course (September 7, 2010) B. Police Complex -- Discussion of project timing, scope, location and funding alternatives available (TBA) C. 1st Budget Public Hearing & Adoption of Proposed FY 2010-2011 Annual Operating & CIP Budget – NOTE: This will be a Special Meeting held on 9/13/10 at 6:30 pm – Commission Chambers D. Public Hearing & Adoption of Final FY 2010-2011 Annual Fire Assessment Resolution - NOTE: This will be a Special Meeting held on 9/13/10 at 6:30 pm – Commission Chambers E. 2nd Budget Public Hearing & FINAL Adoption of FY 2010-2011 Annual Operating & CIP Budget - NOTE: This will be a Special Meeting held on 9/27/10 at 6:30 pm – Commission Chambers F. Construction Management At Risk Process (September 7, 2010) G. Live Entertainment Ordinance - First Reading - TABLED ON July 20, 2010 and August 3, 2010 - (TBD) H. Noise Control Ordinance - First Reading - TABLED ON July 20, 2010 and August 3, 2010 - (TBD) 12. NEW BUSINESS None 13. LEGAL A. Consideration of Interlocal Agreement with Palm Beach County to subject the City of Boynton Beach, its agencies and advisory boards to jurisdiction of the Palm Beach County Commission on Ethics. B. Discuss and take action regarding Commission (a) approval of the CRA budget and (b) inclusion of CRA budget in City Budget. 6 of 513 14. UNFINISHED BUSINESS A. Discussion of the interview process for Community Redevelopment Agency (CRA) Board candidates to be held on Tuesday, August 24, 2010 B. Review of City policy position on WXEL sale. 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. 7 of 513 5. A ADMINISTRATIVE August 17, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 17, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Accept the resignation of Thomas Gresh, a regular EQUESTED CTION BY ITY OMMISSION member of the Recreation and Parks Board. ER: On July 20, 2010 Thomas Gresh submitted an email (attached) XPLANATION OF EQUEST indicating his desire to resign from the Recreation and Parks Board. H? The Recreation and Parks Advisory Board OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES will have to function with one less regular member until a replacement can be found. FI: None ISCAL MPACT A: None LTERNATIVES 8 of 513 9 of 513 10 of 513 5. B ADMINISTRATIVE August 17, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 17, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Appoint eligible members of the community to serve in EQUESTED CTION BY ITY OMMISSION vacant positions on City advisory boards. ER: The attached list contains the names of those who have applied for XPLANATION OF EQUEST vacancies on the various Advisory Boards. A list of vacancies is provided with the designated Commission member having responsibility for the appointment to fill each vacancy. H? Appointments are necessary to keep our OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Advisory Boards full and operating as effectively as possible. FI: None ISCAL MPACT A: Allow vacancies to remain unfilled. LTERNATIVES 11 of 513 12 of 513 13 of 513 5. C ADMINISTRATIVE August 17, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 17, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Selection of Chair and Vice-Chair of Financial Advisory EQUESTED CTION BY ITY OMMISSION Committee. ER: Pursuant to Section 2-243 (e) (ii) of Ordinance 10-009 the City XPLANATION OF EQUEST Commission appoints the Chair and Vice Chair of the Financial Advisory Committee from the Regular Members of the Committee: (ii) The City Commission shall vote to appoint a Chair, who shall preside over the meetings of the Financial Advisory Committee, and also vote to appoint a Vice-Chair who shall serve in the absence of the Chair. MEMBER EXPIRES PROFESSION FELDMAN, George 06/12 Owner Petra Direct Appt'd 6/1/10 Construction Consultant JERGENSEN, Glenn 06/13 President Appt’d 6/1/10 Boynton Beach Chamber MADALENA, Michael 06/12 Assoc. District Appt’d 6/1/10 Manager MADIGAN, David 06/11 Retired Appt’d 6/1/10 SCANTLAN, Don 06/13 Director of Programs Appt’d 6/1/10 Workforce Alliance SHULMAN, William06/13CPA Appt'd 6/1/10 14 of 513 PAMPLONA, Merline06/11 Financial & Tax Appt’d 6/15/10 Service Company H? Requirement of code to have Chair and OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Vice Chair appointed by the City Commission. FI: None ISCAL MPACT A: Code requirement. LTERNATIVES 15 of 513 16 of 513 17 of 513 18 of 513 19 of 513 20 of 513 21 of 513 22 of 513 6. A CONSENT AGENDA August 17, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 17, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve the Minutes of the Regular City Commission EQUESTED CTION BY ITY OMMISSION meeting held on August 3, 2010. ER: The City Commission met on August 3, 2010 and minutes were XPLANATION OF EQUEST prepared from the notes taken at the meetings by the Deputy City Clerk. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. H? A permanent record of the actions taken OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES by the City Commission will be maintained as a permanent record. FI: N/A ISCAL MPACT A: N/A LTERNATIVES 23 of 513 24 of 513 25 of 513 26 of 513 27 of 513 28 of 513 29 of 513 30 of 513 31 of 513 32 of 513 33 of 513 34 of 513 35 of 513 36 of 513 37 of 513 38 of 513 39 of 513 40 of 513 41 of 513 42 of 513 43 of 513 44 of 513 6. B CONSENT AGENDA August 17, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 17, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO R10-106 - Accept a EQUESTED CTION BY ITY OMMISSION Federal Fiscal Year 2009 State Homeland Security Grant in the amount of $9,000.00 and execution of the Sub-recipient Funding Agreement, providing sustainment training funds for Boynton Beach Fire Rescue FLUSAR Team #746. ER: This is a federally funded Homeland Security Grant that is awarded XPLANATION OF EQUEST by the State of Florida, Department of Financial Services, to provide funds for sustainment training of the Florida Urban Search and Rescue Type II Light Technical Rescue Teams. Boynton Beach Fire Rescue FLUSAR Team #746 has been a part of this program since 2004 (R04 -152) and acceptance of this grant will provide funds for the training of team members, both current and future, in the area of Technical Rescue. H? The acceptance of this grant and OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES execution of the Sub-recipient Funding Agreement will allow Boynton Beach Fire Rescue Team #746 to remain active as a state funded Type II Light Technical Rescue Team. These training dollars will pay for new member training and refresher training for existing members. This allows the team to provide a level of expertise in Technical Rescue Operations for local responses that would otherwise not be available unless provided by an outside agency that would need to be called from another jurisdiction. This funding will provide for all required recertification training for all team members. FI: To provide $9,000.00 in funding for the FY 2010/2011 Fire Department training ISCAL MPACT fund for Boynton Beach Fire Rescue FLUSAR Team #746. To be charged to Account 105- 3319-522-54-30. There is no funding match required with this grant. A: Not accept the grant monies and have to pay for this training with General LTERNATIVES Fund Budget dollars as approved in the FY 2010/2011 Budget. 45 of 513 RESOLUTION NO. R 10- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING A FEDERAL FISCAL YEAR 2009 STATE HOMELAND SECURITY GRANT IN THE AMOUNT OF $9,000.00; AUTHORIZING THE CITY MANAGER TO EXECUTE SUB-RECIPIENT FUNDING AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, this federally funded Homeland Security Grant is awarded by the State of Florida, Department of Financial Services to provide funds for sustainment training of the Florida Urban Search and Rescue Type II Light Technical Rescue Teams; and WHEREAS, the Boynton Beach Fire Rescue FLUSAR Team #746 has been a part of this program since 2004; and WHEREAS, acceptance of this grant will provide funds for the training of team members, both current and future, in the area of technical rescue; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby ratified and confirmed by the City Commission. Section 2. The City Commission of the City of Boynton Beach hereby authorizes and directs the City Manager to accept and execute the 2009-2010 State Homeland Security Grant Program Sub-recipient Agreement for Expenditure of Local Government Unit Funding for Florida for sustainment training of the Florida Urban Search and Rescue Type II Light Technical Rescue Team #746; 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, 2010. CITY OF BOYNTON BEACH, FLORIDA ______________________________ 46 of 513 Mayor – Jose Rodriguez _______________________________ Vice Mayor – Marlene Ross _______________________________ Commissioner – William Orlove ________________________________ Commissioner – Woodrow L. Hay _______________________________ Commissioner – Steven Holzman ATTEST: _____________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 47 of 513 48 of 513 49 of 513 50 of 513 51 of 513 52 of 513 53 of 513 54 of 513 55 of 513 56 of 513 57 of 513 58 of 513 59 of 513 60 of 513 61 of 513 62 of 513 63 of 513 64 of 513 65 of 513 66 of 513 67 of 513 68 of 513 69 of 513 70 of 513 71 of 513 72 of 513 73 of 513 74 of 513 75 of 513 76 of 513 6. C CONSENT AGENDA August 17, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 17, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve the award of the Bid for "ANNUAL SUPPLY OF EQUESTED CTION BY ITY OMMISSION BRASS FITTINGS Bid #058-1412-10/MFD to: US Construction Supply, Ferguson, HD Supply, Mainline Supply, Municipal Waterworks, Warner Plumbing and Sunstate Metering on an overall basis, to the lowest, most responsive, responsible bidders who met all specifications with an estimated annual amount of $60,000 for the contract period of August 20, 2010 - August 19, 2011 ER: On July 22, 2010, Procurement Services opened and tabulated XPLANATION OF EQUEST eight (8) bids. All bids were reviewed by the Warehouse Manager. It was determined to ”. recommend this award in part to seven (7) companies as overall “LOW BIDDERS The provision of this bid will allow for a one (1) year extension at the same terms, conditions and prices subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. PROGRAM IMPACT: The purpose of this bid is to secure prices for a period of one (1) year for the purchase of stocked warehouse supplies, to provide availability for various City Departments as needed to complete tasks, make repairs, and provide services to the City of Boynton Beach. FI:ACCOUNT NUMBER ESTIMATED ISCAL MPACT WAREHOUSE STOCKANNUAL EXPENDITURE 502-0000-141-0100 $60,000 A: Obtain quotes on an “as needed” basis which would not be cost effective. LTERNATIVES 77 of 513 The City of Boynton Beach Finance Department WAREHOUSE DIVISION TO: Tim Howard, Assistant to the Director of Finance FROM: Michael Dauta, Warehouse Manager DATE: July 28, 2010 SUBJECT: Brass Bid # 058-1412-10/MFD I reviewed the tabulation sheet sent from your office. The evaluating factors used were A) Pricing; B) Domestic Merchandise C) Warehouse processing time. My recommendation is a multi-award to overall low vendor. Last year’s expenditures were $60,000. This year’s expenditures will be an estimated $60,000. US Construction Supply Item(s) # 106,107,108,109,110,111 Ferguson Item(s) # 24,38,39,72,73,112,113 HD Supply Item(s) # 19,32 16,20,22,29,30,31,,35,36,37,53,54,62,63,64,65,66,67,68,69,74,75,76,77,78,79,80,81 82,83,84,85,86,101,115,116,118 Mainline Supply Item(s) # 8990 1,2,3,4,5,6,7,8,9,11,12,13,14,15,17,18,21,25,26,27,33,34,,,91,92,96,97,99,100,102 78 of 513 103,104,117 Municipal Waterworks Item(s) # 8990 28,40,41,42,43,44,45,46,47,48,49,50,51,52,55,70,71,, Warner Plumbing Item(s) # 114 Sunstate Metering Item(s) # 1932 10,,23,,56,57,58,59,60,61,87,88,93,94,95,98,105 Items in bold indicate two vendors with the same low price. The vendor awarded will be determined at the time of the order based on availability and size of order. The item in italics (114) indicates that the vendor has a minimum dollar amount per order. The amount is $75.00, which the cost for item 114 exceeds. ($369.00) In addition, the following vendors included a discount of cost plus % for all items not listed on the bid. US Construction Supply 45% Ferguson Enterprises 25% HD Supply 25% (Copper tubing to be quoted upon request) Lehman Pipe & Plumbing 94% Brass Nipples 84% Brass Fittings Merit 45% Nibco Valves Municipal Water Works 25% Sunstate Meter & Supply 30% Warner Plumbing Supply 40% CC: Barry Atwood, Director of Finance 79 of 513 80 of 513 81 of 513 82 of 513 83 of 513 84 of 513 85 of 513 86 of 513 87 of 513 88 of 513 6. D CONSENT AGENDA August 17, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 17, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Accept the written report to the Commission for purchases EQUESTED CTION BY ITY OMMISSION over $10,000.00 for the month of July 2010. ER: Per Ordinance No.01-66, Chapter 2, Section 2-56.1 Exceptions to XPLANATION OF EQUEST competitive bidding, Paragraph b, which states: “Further, the City Manager, or in the City Manager’s absence, the Acting City Manager is authorized to execute a purchase order on behalf of the City for such purchases under the $25,000 bid threshold for personal property, commodities, and services, or $75,000 for construction. The City Manager shall file a written report with the City Commission at the second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City Manager. H? Ordinance No.01-66, Chapter 2, Section 2- OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES 56.1 assists departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled “Request for Purchases over $10,000” and each purchase request is reviewed and approved by the Department Director, Purchasing Agent, and City Manager. FI: This Ordinance provides the impact of reducing paperwork by streamlining processes ISCAL MPACT within the organization. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead of processing for approval, and allow for making more timely purchases. A: None LTERNATIVES 89 of 513 90 of 513 6. E CONSENT AGENDA August 17, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 17, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R10-107 - Approve EQUESTED CTION BY ITY OMMISSION support of immediate congressional action to authorize legislation allowing Property Assessed Clean Energy (PACE) Programs. ER: Property Assessed Clean Energy (PACE) financing programs are an XPLANATION OF EQUEST innovative local government solution to help property owners finance energy efficiency and renewable energy improvements – such as energy efficient A/C units, upgraded insulation, new windows, solar installations, etc. – to their homes and businesses; On May 5, 2010, Fannie Mae and Freddie Mac issued Lender Letters that stated “PACE loans generally have automatic first lien priority over previously recorded mortgages. The terms of the Fannie Mae/Freddie Mac Uniform Security Instruments prohibit loans that have senior lien status to a mortgage.” Fannie Mae and Freddie Mac are regulated by the Federal Housing Finance Agency (FHFA). Subsequent to the housing crisis, both agencies were placed in federal conservatorship under FHFA and the U.S. Treasury. While the letters did not direct lenders or servicers to take action, this statement indicated that PACE participants could be in violation of their existing mortgage contracts. These statements attracted significant attention including that of Senators, Members of Congress, Governors, and others. On Friday, July 2, 2010, the House Committee on Energy and Commerce Chair Henry Waxman and Committee on Financial Services Chair Barney Frank issued a letter to Secretaries Geithner and Chu and Director De Marco of FHFA requesting clarification and support for PACE programs across the country. On July 6, 2010, the FHFA posted a statement reaffirming that a senior PACE lien is in violation of any Fannie Mae or Freddie Mac mortgage contract. As a result, residential PACE financing cannot move 91 of 513 forward at this time. A nationwide PACE coalition is working to take legislative action that will correct this issue. The coalition has asked all jurisdictions to sign letters to their congressional representatives and pass resolutions in support of PACE. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Our nation’s PACE programs were set to launch a 24 month pilot period this summer, funded by $150 million in grants from the Department of Energy, incorporating safety and soundness consumer and lender protections that were developed by a White House led inter-agency working group consisting of Housing and Urban Development (HUD), National Economic Council (NEC), Office of Management and Budget (OMB), Council on Environmental Quality (CEQ) and Department of Energy (DOE). The Federal Housing Finance Agency (FHFA) recently issued a statement that has effectively frozen residential Property Assessed Clean Energy (PACE) Programs across the country. Because of FHFA’s oversight of Fannie Mae and Freddie Mac, and Office of the Comptroller of the Currency’s (OCC) influence over our nation’s banks, the statements forced existing PACE programs to halt and froze the ability to launch PACE programs already under development nationwide. Congress, which chartered Fannie Mae and Freddie Mac, and which established FHFA & OCC, must quickly intervene to pass legislation that guarantees the right of state and local government to form special assessment districts to promote clean energy programs and restore the promise of PACE. In response, the City’s Sustainability team is requesting City Commission call for immediate congressional action to approve legislation allowing PACE to continue. FI: Without Federal funding and the support of FHFA, the City will not be able to ISCAL MPACT establish a PACE initiative. A: Do not adopt this resolution and petition Congress for legislative action to facilitate a LTERNATIVES PACE program. 92 of 513 RESOLUTION NO. R10- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, IN SUPPORT OF IMMEDIATE CONGRESSIONAL ACTION TO AUTHORIZE LEGISLATION ALLOWING PROPERTY ASSESSED CLEAN ENERGY PROGRAMS; AND PROVIDING AN EFFECTIVE DATE . WHEREAS, utility bills represent a major cost of operating costs for home and business owners; WHEREAS, persistent unemployment, particularly in the construction industry, continues to burden our families and communities; WHEREAS, energy security and reliance on fossil fuels continue to threaten public health and the environment; WHEREAS, residential and commercial buildings consume nearly 40% of all electricity and are responsible for 40% of U.S. annual carbon dioxide emissions; WHEREAS, investing in cost-effective energy efficiency and renewable energy improvements to homes and businesses can save energy, cut utility bills, create thousands of local jobs, reduce reliance on fossil fuels, and dramatically reduce greenhouse gas emissions; WHEREAS , the upfront cost and potentially long payback periods prevent property owners from making otherwise cost-effective clean energy improvements; WHEREAS, Property Assessed Clean Energy (PACE) financing programs are an innovative local government solution to help property owners finance energy efficiency and renewable energy improvements – such as energy efficient boilers, upgraded insulation, new windows, solar installations, etc. – to their homes and businesses; WHEREAS, twenty-two states have passed laws enabling local governments to develop PACE programs. WHEREAS , White House and the U.S. Department of Energy strongly support PACE, have dedicated $150 million to develop local PACE programs and issued guidelines to ensure that PACE 93 of 513 programs meet safety and soundness requirements and adequately protect both bond buyers and property owners; and, WHEREAS, despite PACE’s great promise, the Federal Housing Finance Agency (FHFA) and the Office of the Comptroller of the Currency (OCC) on July 6th issued statements that immediately forced existing PACE programs to halt operations and froze the development of dozens of PACE programs nationwide. 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 of Boynton Beach hereby urges the State of Florida congressional delegation to support legislation that clearly guarantees local governments the right to assess special taxes for clean energy programs and restore the promise of PACE. .Section 3. This Resolution shall become effective immediately upon passage. 94 of 513 PASSED AND ADOPTED this _____ day of August, 2010. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove _______________________________ Commissioner – Woodrow L. Hay _______________________________ Commissioner – Steven Holzman ATTEST: _____________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 95 of 513 (PRINT ON YOUR ORG’S LETTERHEAD–please send a copy of all letters to congress@pacenow.org) August 17, 2010 Sen. Bill Nelson Sen. George S. LeMieux Rep. Alcee L. Hastings The Honorable Christopher J. Dodd, Chairman The Honorable Barney Frank, Chairman Sen. Richard C. Shelby, Ranking Member Spencer Bachus, Ranking Member Senate Banking Committee House Committee on Financial Services The Honorable Jeffrey Bingaman, Chairman The Honorable Henry Waxman, Chairman Sen. Lisa Murkowski, Ranking Member Rep. Joe Barton, Ranking Member Energy & Natural Resources Energy & Commerce Committee U. S. Senate U.S. House of Representatives Washington, DC 20510 Washington, D.C. 20515 Dear members of Congress: I am writing as a constituent of Boynton Beach, Florida in 23th Congressional District, to ask you to support legislation that guarantees local government the right to establish clean energy programs, known as Property Assessed Clean Energy (PACE). PACE is a local government solution that helps home and building owners finance energy efficiency and renewable energy improvements and is supported by a century of legal and historical precedent for special assessment districts, including more than 37,000 districts that have been used to finance sewers, sidewalks, and other projects that serve a public purpose. We strongly believe that recent actions by federal regulators infringe upon state and local government’s rights to utilize assessment districts and that PACE is good for our nation’s housing industry and mortgage investors. The regulators disagree. We must protect our state’s rights and let the facts and data from our nation’s PACE pilot programs determine who is correct. We urge you to support federal legislation -- H.R.5766 (Rep. Thompson) known as the PACE Assessment Protection Act of 2010 and similar legislation in the senate -- so our nation’s PACE pilot programs can proceed. In just the past two years, twenty-two states have passed laws enabling local governments to develop PACE programs (CA, CO, FL, GA, IL, LA, ME, MD, MN, MO, NV, NH, NM, NY, NC, OH, OK, OR, TX, VT, VA, WI). State and local governments have embraced PACE because of its tremendous potential to cut energy bills, increase homeowner cash flow for mortgage payments, reduce mortgage default risk, create tens of thousands of local jobs and dramatically reduce greenhouse gas emissions by spurring investment in clean energy improvements. PACE has received strong bipartisan support nationwide – in red states and blue states – because creating jobs, saving energy and reducing utility bills for families and businesses is important to all Americans. Our nation’s PACE programs were set to launch a 24 month pilot period this summer, funded by $150 million in grants from the Department of Energy, incorporating safety and soundness consumer and lender protections that were developed by a White House led inter-agency working group consisting of HUD, NEC, OMB, CEQ and DOE. Unfortunately, despite PACE’s great promise, the Federal Housing Finance Agency (FHFA) and the Office of the Comptroller of the Currency (OCC, collectively the “Regulators”) issued recent statements blocking our nation’s PACE pilot programs. The Regulators action is a direct challenge to state and local government’s rights to levy tax assessments for a public purpose and wrongly asserts that the consumer and lender protections were not sufficient. The DOE funded PACE programs have been specifically designed to help the mortgage market yet the Regulators statements simply rehashed old concerns that were cured (See PACE 96 of 513 response to the Regulators concerns). Because of FHFA’s oversight of Fannie Mae and Freddie Mac, and OCC’s influence over our nation’s banks, the statements forced existing PACE programs to halt and froze the ability to launch PACE programs already under development nationwide. Congress, which chartered Fannie Mae and Freddie Mac, and which established FHFA & OCC, must quickly intervene to pass legislation that guarantees the right of state and local government to form special assessment districts to promote clean energy programs and restore the promise of PACE. Sincerely, [Your Name] [Your Organization] cc: Ben Bernanke, Chairman, US Federal Reserve; Ed DeMarco, Acting Director, FHFA; Tim Geithner, Secretary of the Treasury, US Treasury Department; Sheila C. Bair, Chairman, FDIC; John C. Dugan, Comptroller of the Currency, OCC 97 of 513 PACE Finance Summary Sheet Energy Efficiency & Renewable Energy Financing for Property Owners What is PACE? Property Assessed Clean Energy (PACE) is a local government program that allows property owners to finance energy efficiency and renewable energy improvements using low‐interest bonds that generally have no recourse to the municipality. Interested residential and commercial property owners opt‐in to receive long term financing (up to 20 years) for these improvements, which is repaid through an assessment on their property taxes. This arrangement spreads the cost of clean energy improvements – such as energy efficient boilers, upgraded insulation, new windows, solar installations, etc – over the expected life of the measure and allows for the repayment obligation to automatically transfer to the next property owner if the property is sold. Why is PACE so innovative? High upfront cost is the single largest barrier to increased adoption of energy efficiency and small‐scale renewable energy. The second barrier is the uncertainty as to whether property buyers will pay more for efficiency improved properties. PACE removes the upfront cost barrier and removes the uncertainty barrier as the new buyer inherits the annual tax surcharges. Historical precedent PACE is a type of land‐secured financing district, which has a 100+ year history in the U.S. to pay for improvements in the public interest. Over 37,000 land secured districts already exist and are a familiar tool of municipal finance. They are used to finance projects which serve a public purpose, including street paving, parks, open space, water and sewer systems, street lighting, and seismic strengthening, among others. Link: Paul legal opinion Hastings. Benefits to Existing Lenders Lower Default Risk – Owner’s cash flow position is improved as PACE programs are designed to have annual energy savings exceed the annual PACE assessment payments. Owner is now in a better position to make mortgage payments. Better Loan‐to‐Value Ratio – Since PACE improvements have a positive net present value, they increase the lender’s collateral which improves the loan‐to‐value ratio. Best Practice Framework Adopted ‐ The White House PACE Best Practice Framework and the Department of Energy Guidelines are now being incorporated into PACE programs nationwide to help ensure that PACE programs benefit existing lenders. PACE Senior lien status is immaterial (less than $200 per home) & more than offset by value enhancement – PACE assessments are treated as senior liens which is critical for the success of the programs but the seniority amount is immaterial due to the per property size limits of PACE finance and other best practice measures (Link to NY Times Article & PACE Lien Immateriality). What are the benefits to participating property owners? No Upfront Cost – Removes the upfront cost barrier of energy efficiency and renewable energy improvements. Most programs only charge a small fee to property owners. Improved Cash Flow – Owner’s cash flow position is improved as PACE programs are designed to have annual energy savings exceed the annual PACE assessment payments. Less Investment Risk ‐ Removes the uncertainty of recovering the cost of improvements if the property is sold, because the financing runs with the property via the tax assessment. Benefits to Municipalities Local Job Growth – PACE has the ability to stimulate local job creation through the installation of efficiency and energy improvements. It is estimated that for every $1mm spent on clean energy improvements, 10 jobs are created. For every 100,000 homes that are retrofitted, with an average expenditure of $10,000, more than 10,000 jobs would be created. No Credit or General Obligation Risk – PACE bonds are typically not general obligation or appropriation bonds, so the municipality’s credit is not placed on the line. The obligation resides exclusively with the property owner. 98 of 513 Opt‐in Assessments – The assessments are only placed on those properties where the owner voluntarily “opts‐in” to the financing program. Meet Carbon Reduction Goals – Counties, Cities, Towns and Villages can use this tool to move quickly toward achieving their carbon reduction and energy independence goals. ) (Click here for responses to regulator claims & www.pacenow.org 99 of 513 100 of 513 101 of 513 102 of 513 103 of 513 6. F CONSENT AGENDA August 17, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 17, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R10-108 - Authorize the EQUESTED CTION BY ITY OMMISSION acquisition and acceptance of a utility easement from the Banyan Springs Property Owners Association in consideration of the payment of $20,000 ER: Section A of the Wellfield Interconnection Raw Water Main will XPLANATION OF EQUEST traverse the intersection of Boynton Beach Blvd. and Military Trail. The existing utilities, traffic control devices, and traffic pattern in that intersection make it very difficult and expensive to perform a pipeline installation in that area. As a cost saving measure, the City approached the Banyan Springs Homeowners Association, which owns a parcel of land at the southeast corner of the intersection, and requested an easement from that Association. The City Attorney's Office participated in the negotiations with the Banyan Springs Homeowners Association for the grant of easement. Originally, the Homeowners Association asked for a 10% roll back of the water rates for the Cedar Point Communities as consideration. After extensive discussions with City staff, the City Attorney's Office presented a counter offer of $20,000 to the Homeowners Association. This figure was reached as a result of the estimated full value of the utility easement ($47,000) prepared by the City Engineer, and the recommendation of the City's Finance Director to split the value of the utility easement with the Homeowners Association. On July 1, 2010, the Board of Directors of the Banyan Springs Homeowners Association accepted the City's counter offer of $20,000 and executed the attached utility easement in favor of the City. 104 of 513 H? Allow less expensive construction of this OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES section of the pipeline. FI: $20,000 payment, from account no. 404-5000-590-96-01, WTR136 . ISCAL MPACT A: Do not acquire the easement, and perform more expensive means of LTERNATIVES constructing the pipeline in the road right-of-way. 105 of 513 RESOLUTION NO. R10- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZE THE ACQUISITION AND ACCEPTANCE OF A UTILITY EASEMENT FROM THE BANYAN SPRINGS PROPERTY OWNERS ASSOCIATION IN CONSIDERATION OF THE PAYMENT OF $20,000.00; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS , the existing utilities, traffic control devices and traffic pattern in the intersection of Boynton Beach Boulevard and Military Trail make it very difficult and expensive for the installation of Section A Wellfield Interconnection Raw Water Main to traverse the intersection; and WHEREAS , as a cost saving measure the City approached the Banyan Springs Homeowners Association which owns a parcel of land at the southeast corner of the intersection and requested an easement from the Association; and WHEREAS, originally, the Homeowners Association asked for a 10% roll back of the water rates for the Cedar Point Communities as consideration, however a counteroffer of $20,000 was . accepted by the Homeowners Association WHEREAS , the City Commission upon recommendation of staff, deems it appropriate to authorize the acquisition and accept the Utility Easement from the Banyan Springs Property Owners Association in consideration of the payment of $20,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT : Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby authorize the acquisition and accept the Utility Easement from the Banyan Springs Property Owners Association in consideration of the payment of $20,000.00, a copy of the Utility Easement is attached hereto and incorporated herein as Exhibit “A.” Section 3. That this Utility Easement will be recorded in the Public Records of Palm Beach 106 of 513 County, Florida. Section 4. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of August, 2010. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez _______________________________ Vice Mayor – Marlene Ross _______________________________ Commissioner – William Orlove ____________ ____________ Commissioner – Woodrow L. Hay _______________________________ Commissioner – Steven Holzman ATTEST: ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 107 of 513 108 of 513 109 of 513 110 of 513 111 of 513 112 of 513 113 of 513 114 of 513 6. G CONSENT AGENDA August 17, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 17, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R10-109 - Approve EQUESTED CTION BY ITY OMMISSION supporting the Intracoastal Waterway Plan for Palm Beach County and establishing a working partnership agreement with the seven identified Marina Villages. ER: The Intracoastal Waterway Plan (Plan) sets a shared vision, XPLANATION OF EQUEST common goals and methods to achieve those goals important to protecting working waterfronts including marinas, boatyards, and the Port of Palm Beach; and The Plan is organized around six core public themes including increasing public access to the waterway, protecting natural resources, expanding of forms of water-based transportation, increasing and enhancing nature based recreational and eco tourism opportunities, creating a system of marina “villages” and other key waterfront destinations and promoting sustainable economics; and H? A Palm Beach County multi-agency OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES working group has been established to implement the Plan that includes the Marina Villages (including Jupiter, Palm Beach Gardens, Riviera Beach, West Palm Beach, Lake Worth, Lantana, and Boynton Beach), the Economic Development Office, Florida Inland Navigation District, Treasure Coast Regional Planning Council, Metropolitan Planning Organization, Tourist Development Council, Environmental Resources Management, and Parks & Recreation. This working group will proceed in developing the appropriate partnerships, action plans, time frames and funding mechanisms in order to facilitate the Intracoastal Waterway Plan. Once implemented, this plan offers a unique economic opportunity for Boynton Beach, as one of the seven primary stops along the Intracoastal Waterway. It furthers both the City’s Climate 115 of 513 Action Plan initiative of alternative transportation and the CRA’s vision of Marina Village as a Palm Beach County destination area. FI: Staff time attending meetings, providing review and input, estimated at 2 hrs ISCAL MPACT per quarter over the next fiscal year, approximately $500, budgeted within Planning & Zoning account 001-2414-515.12-10. Any subsequent requests for implementation funding will be presented separately to Commission for review and approval. A: Do not approve this Resolution supporting the Intracoastal Waterway Plan. LTERNATIVES 116 of 513 RESOLUTION NO. R10- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, SUPPORTING THE INTRACOASTAL WATERWAY PLAN FOR PALM BEACH COUNTY AND ESTABLISHING A WORKING PARTNERSHIP AGREEMENT WITH THE SEVEN IDENTIFIED MARINA VILLAGES; AND PROVIDING AN EFFECTIVE DATE . WHEREAS, the Palm Beach County 2007 Strategic Economic Development Plan called for developing a Regional Economic Waterway Master Plan that resulted in the Intracoastal Waterway Plan for Palm Beach County; and WHEREAS , the roughly 43-mile long, multi-use “water highway” provides a desirable transportation route for recreational and commercial boating vessels and the many transient vessels traveling through Palm Beach County from other states and countries, as well as for manatees and marine life; and WHEREAS , the waterway connects twenty-three of the County’s thirty-eight municipalities emphasizing its role as an important regional connector; and WHEREAS , the Intracoastal Waterway Plan (Plan) sets a shared vision, common goals and methods to achieve those goals important to protecting working waterfronts including marinas, boatyards, and the Port of Palm Beach; and WHEREAS , the Plan is organized around six core public themes including increasing public access to the waterway, protecting natural resources, expanding of forms of water-based transportation, increasing and enhancing nature based recreational and eco tourism opportunities, creating a system of marina “villages” and other key waterfront destinations and promoting sustainable economics; and WHEREAS, a Palm Beach County multi-agency working group has been established to implement the Plan that includes the Marina Villages (including Jupiter, Palm Beach Gardens, Riviera Beach, West Palm Beach, Lake Worth, Lantana, and Boynton Beach), the Economic Development Office, Florida Inland Navigation District, Treasure Coast Regional Planning Council, Metropolitan 117 of 513 Planning Organization, Tourist Development Council, Environmental Resources Management, and Parks & Recreation; and WHEREAS , the working group will proceed in developing the appropriate partnerships, action plans, time frames and funding mechanisms in order to facilitate the Intracoastal Waterway Plan. 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 of Boynton Beach hereby expresses its desire to support the Intracoastal Waterway Plan by increasing public access to the waterway, protecting natural resources, expanding of forms of water-based transportation, increasing and enhancing nature based recreational and eco tourism opportunities, creating a system of marina “villages” and other key waterfront destinations and promoting sustainable economics. Section 3. This Resolution shall become effective immediately upon passage. 118 of 513 PASSED AND ADOPTED this _____ day of August, 2010. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove _______________________________ Commissioner – Woodrow L. Hay _______________________________ Commissioner – Steven Holzman ATTEST: _____________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 119 of 513 120 of 513 121 of 513 122 of 513 123 of 513 124 of 513 125 of 513 126 of 513 127 of 513 128 of 513 129 of 513 130 of 513 131 of 513 132 of 513 133 of 513 6. H CONSENT AGENDA August 17, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 17, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R10-110 - Approve a EQUESTED CTION BY ITY OMMISSION one (1) year agreement with Counseling Services Institute, Inc. (CSI), the City's current Employee Assistance Program (EAP) provider, for confidential professional employee assistance services to the City of Boynton Beach employees and their dependents, for an estimated annual expenditure of $10,824. ER: The current EAP agreement with CSI expires on October 1, 2010. XPLANATION OF EQUEST In accordance with the City’s “Unified Purchasing Procedures”, on July 30, 2009, Human Resources requested quotes for EAP services, with a one (1) year contract renewal. Of the three (3) quotes received (Exhibit 1), CSI was selected based on their scope of services and their competitive proposal. Additionally, the City is very satisfied with their current level of customer service. Exhibit 2 is CSI’s scope of work and proposal. Exhibit 3 is the Employee Assistance Program Agreement. H? CSI offers confidential, professional EAP OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES services from their central location in Boca Raton, FL, and has a national and international affiliate network that is both credentialed and reliable for immediate service. They offer assessment, diagnosis and treatment or referral services to employees and their dependents for a variety of incidences that can cause personal problems to become personnel problems. The services include, but are not limited to, legal, financial, mental health, addiction, stress management, eating/gambling disorders, career consultations, marriage and family counseling, children with scholastic problems, HIV and AIDS education, support groups and psychiatric disorders, sexual harassment prevention education, critical debriefing and workplace violence intervention and prevention. They also coordinate benefits with the City’s medical insurance provider. A further purpose of retaining an EAP for City employees is to 134 of 513 ensure City of Boynton compliance with regulations encompassing the Drug Free Workplace Policy and workers’ compensation regulations. FI: The estimated expenditure is $10,824 annually depending on the City’s ISCAL MPACT headcount. The cost for each employee is $12.00 per year. This amount is budgeted in the Human Resources FY2010/11 budget under Employee Assistance Program line item (Account #001-1610-513-34-30). A: Not enter into a contract with an EAP provider and not be compliant with LTERNATIVES workers’ compensation regulations and the Drug Free Workplace Policy requirements. This is a state unfunded mandate: Florida Statute Chapter 440, Workers Compensation 440.012 Drug-free workplace program requirements – The following provisions apply to a drug-free workplace program implemented pursuant to law or to rules adopted by the Agency for Health Care Administration: (g) “Employee assistance program” means an established program capable of providing expert assessment of employee personal concerns; confidential and timely identification services with regard to employee drug abuse; referrals of employees of appropriate diagnosis, treatment and assistant; and follow up services for employees who participate into the program or require monitoring after returning to work. If, in addition to the above activities, an employee assistance program provides diagnostic and treatment services, these services shall in all cases be provided by service providers pursuant to s. 397.311 (33). 135 of 513 RESOLUTION NO. R10- A RESOLUTION OF THE CITY COMMISSION OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT WITH COUNSELING SERVICES INSTITUTE, INC., FOR AN EMPLOYEE ASSISTANCE PROGRAM WITH AN ESTIMATED ANNUAL EXPENDITURE OF $10,824.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on July 30, 2009, the Human Resources Department requested quotes for a one year Employee Assistance Program with a one year renewal option for the City of Boynton Beach employees; and WHEREAS , three companies responded to the request for quotes with Counseling Services Institute, Inc., being selected based on their scope of services and their competitive bid; and WHEREAS , the City Commission of the City of Boynton Beach deems it in the best interest of the City to enter into the Employee Assistance Program Agreement with Counseling Services Institute, Inc for a period of one (1) year. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida hereby approves and authorizes the City Manager and City Clerk to execute the Employee Assistance Program Agreement between the City of Boynton Beach and Counseling Services Institute, Inc., for an Employee Assistance Program for the period of one (1) year and an estimated expenditure of $10,824.00, a copy of said Agreement is attached hereto as Exhibit “A”. Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of August, 2010. 136 of 513 CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove _______________________________ Commissioner – Woodrow L. Hay _______________________________ Commissioner – Steven Holzman ATTEST: _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 137 of 513 138 of 513 139 of 513 140 of 513 141 of 513 142 of 513 143 of 513 144 of 513 145 of 513 146 of 513 147 of 513 148 of 513 149 of 513 150 of 513 151 of 513 6. I CONSENT AGENDA August 17, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 17, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R10-111 - Approve an EQUESTED CTION BY ITY OMMISSION Interlocal Agreement with the Community Redevelopment Agency for Human Resources services. ER: The CRA used the services of the City’s Human Resource XPLANATION OF EQUEST department to perform a variety of functions until the Agreement was cancelled in December of 2008. The Board recently discussed the benefits of shifting the Human Resource functions back to the City. The attached Agreement is essentially the same Agreement which once existed between the CRA and the City. This matter came before the CRA Board on July 13, 2010 at which time there was a brief discussion and the item was then tabled until July 20, 2010. On July 20, 2010, the CRA Board discussed the Interlocal Agreement and approved the City/CRA Human Resources Interlocal Agreement by a vote of 3 – 2. A copy of the minutes from both CRA Board meetings is included in the back-up attached hereto. H? The City’s Human Resources and OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Finance departments have the capability to provide these services to the CRA. FI: The City will re-coup the cost of providing services by collection of an annual ISCAL MPACT fee of $10,175.60. The CRA will pay a fee of $10,175.60, rendering the cost of providing the service neutral. The City’s payroll software vendor has advised they will be charging approximately $500.00 setup fee and a monthly fee of approximately $100.00 for the CRA staff payroll. These charges will be passed through to the CRA in addition to the $10,175.60. A: Not to enter into the Agreement. LTERNATIVES 152 of 513 RESOLUTION NO. R10- A RESOLUTION OF THE CITY COMMISSION OF BOYNTON BEACH, FLORIDA, APPROVING THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY TO PROVIDE HUMAN RESOURCES RELATED SERVICES TO THE CRA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS , the Interlocal Agreement permits the Boynton Beach Community Redevelopment Agency (CRA) to utilize the City’s Human Resource services including participation in the annual enrollment for medical and related insurance policies, participating in New Hire Orientation for benefits, assistance with recruitment, records management, access to City Human Resources staff for Human Resources questions as well as payroll services; and WHEREAS , the City Commission of the City of Boynton Beach, upon recommendation of staff, deems it to be in the best interests of the residents and citizens of the City of Boynton Beach to approve the Inlerlocal Agreement between the City of Boynton Beach and Boynton Beach Community Redevelopment Agency permitting the CRA to utilize the City’s Human Resources Department for Human Resource related services and payroll services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve the Agreement between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency permitting the Boynton Beach Community Redevelopment Agency to utilize the City’s Human Resources department for Human Resource related services and payroll services, a copy of said Agreement is attached hereto as Exhibit “A”. 153 of 513 Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of August, 2010. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove _______________________________ Commissioner – Woodrow L. Hay _______________________________ Commissioner – Steven Holzman ATTEST: _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 154 of 513 INTERLOCAL AGREEMENT BETWEEN THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY AND THE CITY OF BOYNTON BEACH FOR HUMAN RESOURCE SERVICES THIS AGREEMENT is made and entered into this _____ day of _________________, 2010, by and between the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (“CRA”) and the CITY OF BOYNTON BEACH (“CITY”) (collectively referred to as “the parties”). WITNESSETH WHEREAS, the CRA is a public Agency created pursuant to Florida Statutes Chapter 163, Part III and has as its purpose the redevelopment of portions of the City of Boynton Beach located within its geographically designated redevelopment area; and WHEREAS, the City is a Florida municipal corporation; and WHEREAS, the parties hereto desire to enter into an Interlocal Agreement in order for the CITY to provide Human Resource Services to the CRA. NOW THEREFORE, in consideration of the mutual covenants and promises herein contained the parties hereby agree as follows: Term 1. . The term of this Agreement shall be on a fiscal year basis commencing on October 1, 2010 and ending on September 30, 2011, with automatic renewals each year unless otherwise terminated in writing by the parties at least 30 days before the termination date. Scope 2. . (a) Benefits: (1) Utilize the existing City benefit plans and access to the Benefits Administrator for questions. (2) CRA share of benefit consultant, Willis of FL (b) Services (including but not limited to): (1) Human Resources Administration including internal consulting and access to staff for personnel related questions by e-mail, phone, or scheduled appointment for day to day H.R. related questions; (2) Recruitment including posting vacancies on the City’s web site, advertising, applicant tracking, clerical testing, screening, of applicants, participation in the interview process, assistance with scoring candidates, background checks, scheduling pre-employment physicals (cost charged by vendor for advertising, background check and physicals to be paid by CRA); (3) New Hire orientation including assistance with payroll related paperwork, acknowledgement of receipt of policies, Workers Compensation 155 of 513 presentation, a benefits overview and assistance with the completion of enrollment paperwork etc.; (4) Benefits including participation in City’s health plans, the annual open enrollment, wellness initiative programs, attendance at City’s wellness fairs, Commit2bFit presentations etc. (5) Organizational development/training, access to City-based training programs for CRA staff (a $50 fee per class will be charged, which is also charged to the departments for City employees who attend the classes); (6) Document imaging, records management of employee personnel files and responding to personnel related records requests, employment verifications; (7) Position control maintenance. (c) Payroll and Leave Time Management: (1) Initial Setup in H T E for CRA: (Setup pay codes, tables, accrual rates, direct deposit info, bank info, etc.) (2) Monthly Costs-processing payroll for 9 employees: (IRS tax payments, quarterly 941 Report, Yearly W-2 processing) . This assumes that the City will not need to have any programming done to the existing payroll system, if so there may be additional charge. This also assumes that all CRA employees are on direct deposit and will receive their direct deposit paystubs by “online paystub service”, as the City is in transition phase to have employees receive their direct deposit form online versus paper copy. Cost 3. . The CRA agrees that it will pay TEN THOUSAND ONE HUNDRED SEVENTY- FIVE DOLLARS AND 60/100 ($10,175.60) as follows:  Services outlined in #2(a): $ 1,965.60  Services in #2(b) (including personnel file management): a) Setup/Prep of Personnel Files (one time charge) $ 250.00 b) Monthly charge $500/month x 12= $ 6,000.00  Payroll services outlined in #2(c) (payroll & leave management): a) Setup of records (one time charge) $ 280.00 b) Monthly charge $140 x 12 = $ 1,680.00 Estimated Total: $10,175.60 156 of 513 Office Location 4. . The City’s Human Resources Department is located at City of Boynton Beach City Hall 100 E Boynton Beach Blvd. Boynton Beach, FL 33425 (561) 742-6275 Applicability of Sunshine Law 5. . The parties hereto agree that the conduct of the affairs of the Human Resources Department shall be in accordance with Chapter 286.011, Florida Statutes, governing the Sunshine Law and that the records of the Human Resources Department shall be deemed Public Records pursuant to Chapter 119, Florida Statutes, and administered accordingly. Governing Law 6. . This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Severability 7. . If any provision of this Agreement or application thereof to any person or situation shall to any extent be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. Entire Agreement 8. . This Agreement constitutes the entire understanding of the parties and any previous agreements, whether written or oral, are hereby superseded by this Agreement. This Agreement may be modified in accordance with Paragraph 11 below. Modification of Agreement 9. . This Agreement may be modified upon mutual consent of the parties only in writing. Binding Authority 10. . Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. Disputes 11. . In the event of any dispute arising among the parties with respect to the interpretation of the respective rights or obligations provided for by this Agreement, the same shall be resolved by mediation with such mediation to be conducted between the City Attorney and the CRA Attorney. If mediation is unsuccessful, any and all legal actions necessary to enforce this Agreement will be conducted in Palm Beach County, Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power or remedy hereunder shall preclude any other or further exercise thereof. Interpretation 12. . This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel of on of the parties. Notices 13. . Any and all notices required or permitted to be delivered pursuant to the terms of this Agreement shall be effective upon receipt, but in any event no later than three (3) business days 157 of 513 after posting by U.S. Mail, certified or registered, postage prepaid or one (1) business day after deliver to an expedited courier service such as Federal Express to the addresses listed below. Any of the parties described herein may change their address by giving notice to all other parties set forth in this subsection. If the CITY: City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 Attn.: Kurt Bressner, City Manager With Copy to: James A. Cherof, City Attorney 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 If the CRA: Boynton Beach Community Redevelopment Agency 915 S. Federal Highway Boynton Beach, Florida 33435 Attn.: Lisa A. Bright, Executive Director With Copy to: James A. Cherof, Board Attorney 3099 East Commercial Boulevard. Suite 200 Fort Lauderdale, FL 33308 Effective Date 14. . This Agreement shall become effective on the date last signed by the parties. COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF BOYNTON BEACH By: ____________________________________ Chairman Date: __________________________________ Attested by: ________________________________ Lisa Bright, Executive Director CITY OF BOYNTON BEACH By: ____________________________________ Mayor Date: __________________________________ Attested by: 158 of 513 _________________________________ Kurt Bressner, City Manager APPROVED AS TO FORM: __________________________________ James A. Cherof, Esquire 159 of 513 160 of 513 161 of 513 162 of 513 6. J CONSENT AGENDA August 17, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 17, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve the award of the "TWO YEAR BID FOR EQUESTED CTION BY ITY OMMISSION AUTOMATIC TRANSMISSION PARTS AND REPAIRS", Bid #045-1412-10/MFD to: FL. Worldwide Transmission as the primary and Oscar's Auto Repair as the secondary on an overall basis, to the lowest, most responsive, responsible bidders who met all specifications with an estimated annual amount of $25,000 for the bid award period of August 18, 2010 to August 17, 2012. ER: On May 20, 2010, Procurement Services opened and tabulated XPLANATION OF EQUEST five (5) bids. All bids were reviewed by the Fleet Administrator. It was determined to recommend this award to a primary (FL. Worldwide) and secondary (Oscar’s Auto). The provision of this bid will allow for a one (1) year extension at the same terms, conditions and prices subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. PROGRAM IMPACT: The purpose of this bid is to secure prices for a period of two (2) years for miscellaneous parts and repairing of automatic transmissions for our Vehicle Service th Department located at: 222 N.E. 9 Avenue, Boynton Beach, Florida. FI:ACCOUNT NUMBER ESTIMATED ISCAL MPACT WAREHOUSE STOCKANNUAL EXPENDITURE 501-5000-590-0982 $25,000 A: Obtain a quote “as needed” which is not timely or cost effective. LTERNATIVES 163 of 513 The City of Boynton Beach Finance Department WAREHOUSE DIVISION TO: Tim Howard, Deputy Director of Financial Services FROM: Michael Dauta, Warehouse Manager DATE: July 28, 2010 SUBJECT: Automatic Transmission Parts & Repairs # 045-1412-10/MFD The tabulation sheet was reviewed by Steve Weiser, Fleet Administrator. The evaluating factors used were A) Pricing; B) Capabilities C) Turn around time. His recommendation is to award FL. Worldwide Transmission as the primary and Oscar’s Auto Repair as the secondary. Please see the attached tabulation sheet with information from the vendors that submitted bids. Please see attached memo # 10-036 from Steve Weiser with his recommendation and justifications for these vendors. Annual expenditures are estimated to be $25,000. CC: Barry Atwood, Director of Finance 164 of 513 TO: Michael Dauta, Warehouse Manager FROM: Steven Weiser, Fleet Administrator DATE: July 27, 2010 RE: Bid Award Recommendation Fleet Services is recommending to continue with our current transmission vendor Florida World Wide Transmission as the primary vendor and Oscars as our secondary based on a review of the size and capabilities of servicing all of the City’s fleet , pricing and turn around time based on the bids received. Fleet Services has reservations with Oscars being a two lift shop, and may not, in a timely manner, repair vehicles for safety sensitive use. Since they would be a new vendor, we feel that proposing them as the secondary would give us an opportunity to monitor their quality of work. Fleet Services recommends we continue with our current vendor who has provided the City of Boynton Beach with high quality transmission rebuilds, low return rate, and quick turnover for several years. 165 of 513 166 of 513 7. A BIDS AND PURCHASES OVER $100,000 August 17, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 17, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R10-112 - Approve EQUESTED CTION BY ITY OMMISSION Addendum to Construction Services Agreement with 1950 Congress Avenue, LLC to exceed the authorized project amount of $429,750.75 by an additional $25,577.75 for the Old Boynton Road Utilities Improvements project for a final project total of $455,328.50 ER: On February 17, 2009, the City Commission authorized the XPLANATION OF EQUEST execution of an agreement with 1950 Congress Avenue, LLC to perform water and sewer main improvements in coordination with the widening of Old Boynton Road in the amount of $390,682.50 plus a 10% contingency of $39,068.25, resulting in an original funding amount of $429,750.75. The approved contingency of $39,068.25 was exceeded during the course of the project to address unforeseen conditions as substandard and/or shallow pipe was discovered during construction. This resulted in the removal of abandoned water main and force main piping, and the installation of approximately 800 feet of new 6-inch water main piping, valves, and appurtenances in addition to the original scope. Nine (9) Field Change Directives were issued by the City, and the attached Field Change Directive log provides the details for each approved change. Field Change Directives (FCDs) Nos. 1 through 5 used $27,440.00 of the contingency funds, resulting in a contingency balance of $11,628.25. With the execution of FCD No. 6, the approved contingency funding for the project was exceeded by $15,670.75, an amount within the $25,000 spending authority of the City Manager. Subsequently, three minimal FCDs were issued to replace substandard or shallow water main and sewer main piping at the intersection 167 of 513 of Old Boynton Road and Boynton Beach Blvd. These last three FCDs caused the net project price to exceed the approved contingency by $25,577.75. The overall roadway construction took longer than originally anticipated, and City staff did not want to further delay the progress of the work to obtain City Commission approval for FCD No. 6 at the time of its execution. The Utilities Department had no option but to replace the shallow or substandard pipe under the County’s new roadway. The timing of replacement was critical to the completion of the project. In consideration of the project delays and the critical time frame involved, staff executed FCD No. 6 with the intent of presenting the final project accounting to the City Commission at project closeout. Since the quantities on this project changed frequently as substandard and/or shallow pipe was discovered during construction, this enabled staff to present the final tally to the City Commission, rather than presenting multiple submittals to the Commission for each subsequent FCD. The City Manager acknowledged and signed FCDs Nos. 6 and 7. The following is a brief timeline of the executed FCDs: - FCD No. 1, April 10, 2009 - $9,050.00 - FCD No. 2, July 1, 2009 - $950.00 - FCD No. 3, July 17, 2009 - $950.00 - FCD No. 4, September 24, 2009 - $9,738.20 - FCD No. 5, October 28, 2009 - $6,751.80 - FCD No. 6, January 14, 2010 - $27,299.00 - FCD No. 7, February 1, 2010 - $6,932.00 - FCD No. 8, February 17, 2010 - $2,350.00 - FCD No. 9, March 10, 2010 - $3,450.00 The total amount of the executed FCDs is $67,471.00. The actual increase in material and labor costs for the utilities portion of the project were $28,402.75. However, the project had a quantity under-run of $2,825.00 on sodding, seed and mulch, which reduced the net over-run to $25,577.75. (The $2,825.00 under-run is shown as “Balance to Finish, Including Retainage” on Line 9 of the final application for payment, and will not be billed.) The Utilities Department recommends final payment in the amount of $5,000.00 in accordance with the application for payment. The final project accounting is as follows: Project Summary: Contract Award: $390,682.50 Approved Contingency: $ 39,068.25 Total Budget Appropriation: $429,750.75 Total Approved Field Change Directives: $ 67,471.00 Contingency Over-run: $ 28,402.75 Quantity Under-run on Project: $ (2,825.00) Net Project Over-run: $ 25,577.75 Total Project Expenditures: $455,328.50 H ? The project has been completed, OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES resulting in improved water and sewer service to our residents, and improved traffic accessibility along Old Boynton Road. 168 of 513 FI: All monies are available in accounts #406-5000-590-65-04 (SWR 064) and ISCAL MPACT #403-5000-590-96-02 (WTR 054). A: Since the work has been completed, there is no other alternative at this LTERNATIVES time. 169 of 513 RESOLUTION R10- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING EXECUTION BY THE CITY MANAGER AND CITY CLERK OF AN ADDENDUM TO AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN THE CITY OF BOYNTON BEACH AND 1950 CONGRESS AVENUE, LLC., REGARDING THE INCREASE IN FINAL PROJECT TOTAL FOR WATER AND SEWER MAIN IMPROVEMENTS IN COORDINATION WITH THE WIDENING OF OLD BOYNTON ROAD TO $455,328.50; AND PROVIDING AN EFFECTIVE DATE. WHEREAS ,on February 17, 2009, the City Commission authorized an agreement between the City and 1950 Congress Avenue LLC., to perform water and sewer main improvements in coordination with widening of Old Boynton Road in the amount of $390,682.50 plus a 10% contingency of $39,068.25, resulting in an original funding of $429,750.75; and WHEREAS , nine Field Change Directives have caused the net project price to exceed the approved contingency by $25,577.75; and WHEREAS , the City Commission of the City of Boynton Beach, Florida deems it in the best interest of its residents and citizens to approve the Addendum to Agreement for Construction Services between the City of Boynton Beach and 1950 Congress Avenue, LLC. 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 approve execution by the City Manager and City Clerk of the Addendum to Construction Services Agreement between the City of Boynton Beach and 1950 Congress Avenue, LLC., to increase the final project total to $455,328.50 regarding water and sewer main improvements in coordination with the widening of Old Boynton Road, a copy of which Addendum is attached hereto as Exhibit “A”. 170 of 513 Section 3. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this ___ day of August, 2010. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove ______________________________ Commissioner – Woodrow L. Hay ______________________________ Commissioner – Steven Holzman ATTEST: _____________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 171 of 513 ADDENDUM TO AGREEMENT FOR CONSTRUCTION SERVICES This Addendum shall take effect on signature by both parties. THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, hereinafter referred to as "CITY", and 1950 CONGRESS AVENUE LLC., a Florida limited liability company, hereinafter referred to as "DEVELOPER". WITNESSETH: 1.The Agreement between the CITY and the DEVELOPER entered into the 17th day of February, 2009 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: 1.1.3 The DEVELOPER does accept this Agreement and does agree to cause the CONTRACTOR (or other such contractor as the CITY and DEVELOPER may reasonably agree upon) to furnish the necessary labor, tools, equipment, materials and supplies, etc., and to complete the Project by performing all of the work set forth in this Agreement for the price and amount set forth in CONTRACTOR’S Bid/Proposal for $455,328.50, which Bid/proposal is attached hereto as Exhibit “B”, and incorporated herein by reference, and in conformance with the Project Summary, which are attached hereto as Exhibit “A”, and incorporated herein by reference. 172 of 513 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY BY:____________________________ Kurt Bressner, City Manager ATTEST: APPROVED AS TO FORM: ___________________ __________________________ Janet M. Prainito, MMC James A. Cherof, City Attorney City Clerk STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared Kurt Bressner, as City Manager of the City of Boynton Beach, Florida, and acknowledged he executed the foregoing Agreement for the use and purposes mentioned in it, and that the instrument is his act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this ___ day of _______ 2010. _____________________________ NOTARY PUBLIC My Commission Expires: 173 of 513 1950 CONGRESS AVENUE, LLC. WITNESSES: _________________ BY:__________________________ _______________________ _________________ (Print Name) STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared ____________________, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it, and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this ___ day of _______ 2010. _______________________________ NOTARY PUBLIC My Commission Expires: 174 of 513 175 of 513 176 of 513 177 of 513 178 of 513 179 of 513 180 of 513 181 of 513 182 of 513 183 of 513 184 of 513 185 of 513 186 of 513 187 of 513 188 of 513 189 of 513 190 of 513 191 of 513 192 of 513 193 of 513 194 of 513 195 of 513 196 of 513 197 of 513 198 of 513 199 of 513 200 of 513 201 of 513 202 of 513 203 of 513 204 of 513 205 of 513 206 of 513 207 of 513 208 of 513 209 of 513 210 of 513 211 of 513 212 of 513 213 of 513 214 of 513 215 of 513 216 of 513 217 of 513 218 of 513 219 of 513 220 of 513 221 of 513 222 of 513 223 of 513 224 of 513 225 of 513 226 of 513 227 of 513 228 of 513 229 of 513 230 of 513 231 of 513 232 of 513 233 of 513 234 of 513 8. A CODE COMPLIANCE & LEGAL SETTLEMENTS August 17, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 17, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve Mediated Settlement in case Earl DeVaughn v. EQUESTED CTION BY ITY OMMISSION City of Boynton Beach, for $30,000. ER: XPLANATION OF EQUEST Defense Counsel: Michael Burke, Johnson Anselmo Murdoch Burke Piper & Hochman Plaintiff Counsel: Jonathan Levy, Rosenthal Levy & Simon On October 1, 2008, Public Works/Solid Waste employee driver rear-ended plaintiff on Boynton Beach Boulevard west of Seacrest Boulevard. Plaintiff suffered injuries including multiple herniated discs. Current medicals and lost wages are in excess of $23,000. Medicals are ongoing. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Litigation settlements and judgments of this nature are part of the ongoing responsibilities of the Risk Management Department. FI: ISCAL MPACT Settlement will be charged to the Risk Management budget expenses #522-1710-519-49.21, Self-Insured Losses, line item budgeted for claims payments for third party automobile liability self-insured losses. A: LTERNATIVES Failure to approve settlement will result in claim being litigated. Value of this case at trial is estimated at in excess of $50,000. Defense trial legal costs are estimated at $10,000. 235 of 513 The City of Boynton Beach, Florida RISK MANAGEMENT DEPARTMENT COMMISSION AGENDA MEMORANDUM TO: Kurt Bressner City Manager THRU: Lori Laverierre Assistant City Manager FROM: Charles J. Magazine Risk Manager DATE: August 2, 2010 SUBJECT: Earl DeVaughn v. City of Boynton Beach Date of Loss: October 1, 2008 X Settlement __ Judgement Risk Management recommends the City Commission ratify the: in the above stated manner. RESERVES : Indemnity: $ 25,000 Expenses: $ 20,000 Demand : Original: $ 85,000 Final: $ 40,000 Offer : Original: $ 5,000 Final: $ 30,000 SETTLEMENT$ 30,000 : X NOTE: This settlement is the compromise of a claim for damages. Payment by the City is not to be construed, in any way, as an admission of liability or responsibility for any damages or injuries resulting therefrom. Current Adjustment FeesCurrent Legal Fees: : $ 2,029 $ 12,220 IF NOT SETTLED Projected Legal FeesProjected Jury Verdict : $ 20,000 : $ 50,000+ JUDGEMENT$ - : __ Current Adjustment Fees:Current Legal Fees: $ - $ - CASE NARRATIVE : On October 1, 2008, Public Works/Solid Waste employee driver rear-ended plaintiff on Boynton Beach Boulevard west of Seacrest Boulevard. Plaintiff suffered injuries including multiple herniated discs. Current medicals and lost wages are in excess of $23,000. Medicals are ongoing. Cjm/Claimaut/DeVaughnE02.doc 236 of 513 237 of 513 238 of 513 9. A PUBLIC HEARING August 17, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 17, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: TABLED ON AUGUST 3, 2010, JULY 20, 2010 and EQUESTED CTION BY ITY OMMISSION JUNE 15, 2010 - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.B.2.a., requiring: (1) a minimum front yard setback of 25 feet, to allow a variance of 18 feet and a front yard setback of 7 feet; and (2) a minimum rear yard setback of 20 feet, to allow a variance of 20 feet and a rear yard setback of 0 feet, for a proposed carport accessory to a single-family residence within the R-1-AAB Single-family Residential zoning district. Applicant: Dr. Steven D. Jaffe ER: The applicant has now met their public hearing notification XPLANATION OF EQUEST requirements and therefore the subject item can be reviewed by the City Commission. The applicant (and property owner) proposes a freestanding metal carport for storage of a boat trailer for a 21 foot boat docked in the canal to the rear of the residence. The size of the proposed carport is 12 feet wide, 24 feet to 26 feet long, approximately 288 to 312 total square feet, and 7 feet to 8 feet high. The proposed location of the structure is on an existing concrete slab, abutting the north side of the existing three (3) car garage. The proposed carport would be located seven (7) feet from the front property line, resulting in an encroachment of 18 feet into the minimum front setback, and zero (0) feet from the rear setback, or an encroachment of 20 feet into the minimum rear setback. Therefore, variances to the minimum front and rear setbacks are required prior to the issuance of a building permit for the proposed carport. Staff recommends that the subject request be denied, as not all the hardship/review criteria are satisfied. However, if the City Commission favors the variance request, staff has also provided additional information within the staff report, for consideration, which provides a more detailed description of the remote lot characteristics and adjacent land uses, its lacking visibility from, and impact upon the abutting right-of-way, and an indication that no objection has been raised by the neighbors. Furthermore, staff recommends two conditions of approval to be considered 239 of 513 by the Commission if the project is approved. One condition would require that the new structure be constructed of materials that match the abutting, permanent garage and house, and the other condition would require that no portion of the new structure encroach onto, or overhang over the abutting canal right-of-way unless written permission is received from the Lake Worth Drainage District. The Planning and Development Board reviewed the request on June 22, 2010 and forwards it with a recommendation for approval, subject to the conditions of approval recommended by staff. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: Not approve subject request. LTERNATIVES 240 of 513 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 10-036 STAFF REPORT To: Chair and Members Planning and Development Board Thru: Michael Rumpf Planning and Zoning Director From: Kathleen Zeitler Planner II Date: May 17, 2010 Project: 3416 South Lake Drive (Jaffe) Variances (ZNCV 10-006) Requests: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2. Zoning, Section 5.B.2.a., requiring a minimum front yard setback of 25 feet, to allow a variance of 18 feet and a front yard setback of 7 feet; and, Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2. Zoning, Section 5.B.2.a., requiring a minimum rear yard setback of 20 feet, to allow a variance of 20 feet and a rear yard setback of 0 feet, for a proposed carport accessory to a single-family residence within the R-1-AAB Single-family Residential zoning district. BACKGROUND The subject property is generally located east of Interstate 95 near the southern limits of the City within the Lake Eden subdivision. The 0.29-acre lot is on the east side of South Lake Drive and abuts the L.W.D.D E-4 Canal to the east (see Exhibit “A” – Location Map). The subject property and Lake Eden neighborhood are currently zoned R-1-AAB, Single-family Residential. The required minimum setbacks of the R-1-AAB zoning district are as follows: front yard, 25 feet; side yard, 10 feet; and rear yard, 20 feet. In 1973, the subject site was developed as a one-story single-family residence with an attached two (2)- car garage. According to the Palm Beach County Property Appraiser’s records, the residence on the subject property is a four (4)-bedroom, two (2)-bath house consisting of 1,521 square feet of air- conditioned space, and a total of 2,352 square feet. The subject property also has a swimming pool and a new freestanding three (3)-car garage. In 2008, the applicant was granted variances to the front and rear yard setbacks to construct the freestanding 3-car garage, with reduced setbacks of 14 feet in the front yard and two (2) feet in the rear yard (ZNCV 08-005). On July 2, 2009, a Certificate of Occupancy was issued for the newly constructed 3-car garage. 241 of 513 The applicant’s current variance requests are in conjunction with his proposed plan for a freestanding open carport to use for boat storage next to the existing 3-car garage (see Exhibit “B” – Site Plan/Survey). PROPOSAL The applicant proposes a freestanding metal carport for storage of a boat trailer for the 21 foot boat that is docked in the canal to the rear of the residence. The carport is proposed immediately north of the existing three (3)-car garage within the narrow triangular-shaped portion of the subject lot. The applicant has preliminary information regarding the proposed dimensions of the carport that indicate a desired width of 12 feet, length of 24 to 26 feet (approximately 288 to 312 total square feet) and height of seven (7) feet to eight (8) feet. The proposed carport would be made entirely of prefabricated steel with a pitched roof supported by poles and open on all sides, and anchored into an existing concrete slab. At this time, the applicant has not decided on which company to purchase the carport from, and therefore has no specifications to submit. Staff has included a photo of a carport structure similar in appearance to the proposed carport (see Exhibit “C”). The applicant understands that, if the variance requests are granted, the Building Code will require the carport to meet windloads of 140 miles per hour. As indicated on the Survey/Site Plan submitted, the proposed carport would be located seven (7) feet from the front property line, resulting in an encroachment of 18 feet into the minimum front setback, and also would be located zero (0) feet from the rear property line, resulting in an encroachment of 20 feet into the minimum rear setback. Therefore, variances to the minimum front and rear setbacks are required prior to the issuance of a building permit for the proposed carport. ANALYSIS The City Commission has the authority and duty to authorize upon appeal such variance from the terms of a city ordinance as will not be contrary to the public interest when, owing to special conditions, a literal enforcement of the provisions of the city ordinance would result in unnecessary and undue hardship. In order to authorize any variance from the terms of an ordinance, the applicant must demonstrate that the request meets the following criteria (a-g). The applicant’s justification and response to these criteria is attached (see Exhibit “D” - Justification Statement). a.That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. The applicant notes in his justification (Exhibit “D”) that the subject lot is pie-shaped with very little buildable area on the lot. Staff has conducted an analysis with emphasis on the uniqueness of the subject property relative to other parcels in the Lake Eden subdivision and neighborhood impact. Staff recognizes that special conditions do exist at this location relative to other properties within the neighborhood that are similarly zoned. The platting pattern for the majority of lots within the Lake Eden subdivision is rectangular in shape with the exception of the subject lot, which is triangular in shape. No other parcels in the neighborhood are as irregularly-shaped, but instead have typical buildable envelopes. It should be noted that construction of the proposed carport on the subject lot would not be feasible without encroaching within the required front and rear yard setbacks due to the minimal depth of the lot. Unlike typical rectangular-shaped lots, which have a rear yard and two (2) side yards, this property provides a front, a rear and only one (1) side yard along the south property line. Further, the front (west) and rear (east) property lines taper to the north to form a triangle. If 242 of 513 this parcel was rectangular-shaped, comparable to other lots along the canal and throughout the subdivision, the proposed carport would be feasible without the need for the requested variances. b.That the special conditions and circumstances do not result from the actions of the applicant. The applicant notes in his justification that the size and configuration of the subject lot are not the result of the applicant’s will or actions. The property lines have remained as originally platted. Although the subject lot size of 12,924 square feet conforms to the minimum lot area of 9,000 square feet required in the R-1-AAB zoning district, it is clear that the triangular shape of the lot results from the convergence of the angle of South Lake Drive and the opposing angle of the canal right-of-way. Staff concurs with the applicant that special conditions and circumstances do exist, related to lot configuration, which are not the result of actions by the applicant. Therefore the subject property presents a unique situation relative to other lots in the Lake Eden subdivision. Although an argument could be made that the special conditions and circumstances are not the result of the applicant, ultimately the applicant purchased a property that provided them limited opportunities for potential expansion. c.That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. Although granting the variance would allow the applicant more use of his irregular-shaped property, the subject property already supports an attached 2-car garage (460 square feet), a detached 3-car garage (912 square feet), and a swimming pool. With the additional proposed carport (288 to 312 square feet), the applicant would have more than 1,675 square feet of accessory buildings on site. Records indicate most garages in the subdivision are between 500 and 700 square feet in size. There are a couple exceptions where very large residences were constructed on multiple (combined) lots, and the corresponding garages are less than 1,400 square feet. In addition, existing garages in the neighborhood are attached and constructed with the same architecture, color, and materials as the residence. Records indicate the existing two (2) carports in the subdivision are not freestanding and have been integrated into the architecture of the residence, unlike the proposed carport. There are no records found of setback variances for the subdivision, except the previously granted variance for the 3-car garage on the subject property (ZNCV 08- 005). Therefore, granting the requested variance to further reduce minimum setbacks to seven (7) feet in the front yard and zero (0) feet in the rear yard would likely confer special privileges on the applicant. d.That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. Literal interpretation of the provisions of the ordinance would not deprive the applicant of rights or cause undue hardship. Typically, waterfront properties in the neighborhood have boats located at the dock to the rear of the residence, and a few lots have boathouses near the water’s edge. The applicant currently has a 2-car attached garage and a 3-car detached garage on his lot, which already exceeds the typical 2-car to 3-car garage found in the area. The applicant could adequately store the boat trailer on site either by storing it inside of an existing garage, or by parking the trailer next to the garage and covering with a tarp. The boat trailer also could be stored off-site at a storage facility. These alternative storage options are viable solutions available to other residents in the area that would not require a variance. 243 of 513 e.That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. The requested variances are not considered to be the minimum that will make possible the reasonable use of the single-family lot. The applicant currently has reasonable use of the subject lot due to the existing single-family residence of 2,352 square feet, and the existing detached 3-car garage of 912 square feet, and swimming pool. The requested variance amounts of 18 feet (front) and 20 feet (rear) equal 72 percent (72%) and 100 percent (100%) of the minimum required setbacks, respectively. f.That the granting of the variance will be in harmony with the general intent and purpose of this chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Granting the variance would not meet the intent of the ordinance. Building setbacks are generally intended to provide uniformity to a neighborhood, allow a certain measure of privacy between neighbors, provide space for light and air circulation, and provide distance between neighbors to mitigate noise and odors. It is common among most jurisdictions for codes to restrict accessory buildings from locating in the front yard or closer to the road than the principal structure. The location of an accessory building should be unobtrusive in relation to the principal building, and is customarily placed behind the residence and screened from view of neighboring properties. In addition, the Lake Eden neighborhood is considered to be one of the City’s upscale areas. The carport would be located at the entrance to the subdivision and, as proposed, would not be consistent with existing characteristics of the neighborhood. The existing detached three (3)-car garage was designed to be of similar architecture as the residence and include a side door and rear windows in addition to the overhead garage doors. The architecture, building materials, and colors for the recently constructed three (3)-car garage were compatible with the existing residence. However, the proposed carport is open on all sides and consists of a pre-fabricated metal roof supported by metal poles. The architecture and building materials for the proposed carport are not compatible with any other structures on site or in the area. g.For variances to minimum lot area or lot frontage requirements, that property is not available from adjacent properties in order to meet these requirements, or that the acquisition of such property would cause the adjacent property or structures to become nonconforming. The requested variances are for reduced setbacks, rather than for lot area or frontage requirements, therefore this criteria is not applicable. CONCLUSIONS / RECOMMENDATION Staff has reviewed the requested variances focusing on the applicant’s response to the above criteria contained in Exhibit “D”. The code states that the zoning code variance cannot be approved unless the board finds compliance with all the stated criteria. As noted above, staff indicates that only some of the criteria are met. The existing improvements on the property, which include a residence with an attached two (2)-car garage, an unscreened pool, and a detached 3-car garage represent “reasonable use” of a parcel zoned for single-family homes. A hardship clearly does not exist in this case because the situation was created by the applicant’s desire to have multiple accessory structures on a comparably small lot that is already built-out. The variance 244 of 513 requests could be avoided by either covering the boat trailer with a tarp, or storing the boat trailer off- site at a storage facility. Therefore, based upon these findings, staff recommends that this request be DENIED . Staff is generally supportive of residential redevelopment and associated improvements and recognizes that past variance requests have been reviewed by the City using more than the traditional criteria, or interpretations of this criteria, which places greater emphasis on economic potential, minor home improvements, and characteristics of or impact upon surrounding properties. For these reasons, staff offers the following additional information for consideration: 1. While the proposed carport is to be located seven (7) feet from the front property line, South Lake Drive is a local street with 60 feet of right-of-way width consisting of 20 feet of asphalt and 20 feet of swale on each side. There are no sidewalks in the Lake Eden neighborhood, therefore the proposed carport would be located a total of 27 feet from the edge of the asphalt roadway, which would maintain adequate space and views along South Lake Drive. In addition, the proposed carport is to be located on the rear property line; however, the subject property abuts a 150 foot wide canal right-of-way to the rear (east), which provides greater than typical separation between single-family dwellings, and would prevent any negative impacts on adjacent properties to the east. 2. The carport for boat trailer storage would be located on the north edge of the subject property. There is no abutting residence to the north, therefore preventing any impacts of the proposed carport on adjacent properties to the north. The location of the proposed carport would not block the view of motorists backing out of their 3. driveway, or other driveways along South Lake Drive, as the approximate length of driveways are 45 feet, and most residences also have circular drives in addition to the driveway in front of their garage. The proposed carport would not be visible from the right-of-way or from adjacent properties due to 4. existing tall hedges along the front property line and within the L.W.D.D. canal right-of-way; and Staff has received no letters of objection regarding the requested setback variances. 5. Staff recommends two (2) conditions of approval that would apply if the variance requests were approved (see Exhibit “E” – Conditions of Approval). Any conditions of approval added by the Planning & Development Board or the City Commission will be placed in Exhibit “E”. MR/kz S:\Planning\SHARED\WP\PROJECTS\Jaffe - Wantshouse Variance\Jaffe Variance\ZNCV 10-006\Staff Report.doc 245 of 513 246 of 513 247 of 513 248 of 513 249 of 513 250 of 513 EXHIBIT "E" Conditions of Approval Project name: Jaffe Variances File number: ZNCV 10-006 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- Forestry Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X UTILITIES Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 1. If the variance request is approved, the carport shall be required to be X constructed as an addition to the existing 3-car garage with the same architecture, building materials, and building colors, to be more compatible with existing accessory structures in the area. 2. If the variance request is approved, the plans submitted for building X permit shall reflect no carport overhang on the L.W.D.D. E-4 Canal right-of-way, or shall include submission of a letter authorizing such overhang from the L.W.D.D. 251 of 513 DEPARTMENTS INCLUDE REJECT ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Jaffe - Wantshouse Variance\Jaffe Variance\ZNCV 10-006\COA.doc 252 of 513 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Jaffe Variances (ZNCV 10-006) APPLICANT’S AGENT: Dr. Steven Jaffe APPLICANT’S ADDRESS: 3416 South Lake Drive, Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 20, 2010 TYPE OF RELIEF SOUGHT: Variance approval for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.B.2.a., requiring a front building setback of 25 feet, to allow an 18-foot variance, and a front building setback of 7 feet, and requiring a rear building setback of 20 feet, to allow a 20-foot variance, and a rear building setback of 0 feet for a proposed carport accessory to a single- family residence in the R-1-AAB zoning district. LOCATION OF PROPERTY: 3416 South Lake Drive, Boynton Beach DRAWING(S): SEE EXHIBIT “B” ATTACHED HERETO. ____X____ THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR ________ THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City’s Land Development Regulations. 2. The Applicant ___ HAS ___ HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit “E” with notation “Included”. 4. The Applicant’s application for relief is hereby ___ GRANTED subject to the conditions referenced in paragraph 3 hereof. ___ DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other __________________________________________________________________ DATED:__________________________ ________________________________________________ 253 of 513 City Clerk S:\Planning\SHARED\WP\PROJECTS\Jaffe - Wantshouse Variance\ Jaffe Variance\ZNCV 10-006\DO.doc 254 of 513 9. B PUBLIC HEARING August 17, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 17, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve Habitat for Humanity (ZNCV 10-008) zoning code EQUESTED CTION BY ITY OMMISSION variance for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.F.2.a., requiring a minimum side yard setback of 10 feet, to allow a variance of 5 feet and a side (east side) yard setback of 5 feet; and, Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.F.2.a., requiring a minimum rear yard setback of 25 feet, to allow a variance of 5 feet and a rear yard setback of 20 feet, for a proposed two-family dwelling (duplex) within the R-2 Duplex Residential zoning district. Applicant: Michael Campbell/Habitat for Humanity. ER: The applicant proposes to construct a duplex on Lot 2 of the XPLANATION OF EQUEST th Habitat for Humanity development on NE 11 Avenue. The proposed duplex would consist of Unit “A” and Unit “B”, each unit having three (3) bedrooms, two (2) bathrooms, and a one (1)- car garage. The proposed duplex would have a front-loaded garage and a side-loaded garage, with the exterior appearance of a single-family residence. The duplex is required to comply with R-2 setback requirements, which includes a minimum front setback of 25 feet and a minimum side setback of 10 feet. However, a lesser rear setback and side setback were proposed on the building permit drawings. Therefore the applicant must either revise the plans to construct a single-family residence on the lot in compliance with R-1 setback requirements, or obtain variances to the side and rear setbacks for a duplex. The applicant proposes to shift the proposed duplex east in order to comply with the minimum side setback of ten (10) feet from the west property line. By shifting the proposed duplex, fewer variances are required, and the impact of a further reduced setback from the east 255 of 513 property line would be minimal, as the small vacant parcel located east of the subject lot will remain undeveloped due to its deficient size and configuration. A variance of five (5) feet is required for the proposed 20 foot rear setback from the north property line. Due to the lack of a traditional hardship, staff recommends that the request be denied. However, staff notes in the report that if the variance is supported by the Commission, staff finds that the granting of the variance would be in harmony with the general intent of zoning regulations and would not have negative impacts upon the surrounding area. Staff also provides supportive information involving the history of variances in the surrounding neighborhoods and general nonconforming conditions (records indicate that several variances for lot area, lot width, and setbacks have been previously granted for other properties in this redevelopment area). Staff concludes that the proposed project will essentially conform, or have an appearance of conformity within the area, and would provide neighborhood improvement and revitalization to a vacant unused parcel of land, and would provide needed new housing to the area. The Planning & Development Board reviewed this request and forwards to the Commission 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 request. LTERNATIVES 256 of 513 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 10-042 STAFF REPORT To: Chair and Members Planning and Development Board Thru: Michael Rumpf Planning and Zoning Director From: Kathleen Zeitler Planner II Date: July 16, 2010 th Project: Habitat for Humanity, 417 - 419 NE 11 Avenue (Lot 2) Variances (ZNCV 10-008) Requests: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2. Zoning, Section 5.F.2.a., requiring a minimum side yard setback of 10 feet, to allow a variance of 5 feet and a side (east side) yard setback of 5 feet; and, Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2. Zoning, Section 5.F.2.a., requiring a minimum rear yard setback of 25 feet, to allow a variance of 5 feet and a rear yard setback of 20 feet, for a proposed two-family dwelling (duplex) within the R-2 Duplex Residential zoning district. BACKGROUND th The subject property is located on the north side of NE 11 Avenue, west of Railroad Avenue within the Heart of Boynton Community Redevelopment Area (see Exhibit “A” – Location Map). In 2008, Habitat th for Humanity acquired 0.52 acre parcel on NE 11 Avenue to construct a small residential development for low-income families (see Exhibit “B” – Survey). The 0.52 acre property is zoned R-2, Single- and Two-family Dwelling District (also known as Duplex Residential). The R-2 zoning district permits single-family or two-family (duplex) residential uses. The subject property is undeveloped land that is proposed to be platted as “Lot 2”, within a three (3)-lot residential subdivision proposed by Habitat for Humanity (see Exhibit “C” – Proposed Plat). Lot 1 and Lot 3 of the proposed subdivision were planned as single-family homes and therefore could be constructed to R-1 (Single-Family) development regulations. To maximize the number of units, the applicant planned a duplex on the subject Lot 2, but mistakenly utilized the same R-1 setback requirements as Lots 1 and 3 that are planned for single-family residences (see Exhibit “D” – Site Plan). The required minimum setbacks of the R-2 zoning district for the proposed duplex are as follows: front yard, 25 feet; side yards, 10 feet; and rear yard, 25 feet. In comparison, the required minimum setbacks of the R-1 zoning district for a single-family residence are as follows: front yard, 25 feet; side yards, 7.5 feet; and rear yard, 20 feet. As indicated on the Site Plan, the proposed duplex would be located five (5) feet from the side (east) property line, resulting in an encroachment of 5 feet into the minimum side setback, and also would be located 20 feet from the rear property line, resulting in an encroachment of 5 257 of 513 feet into the minimum rear setback. Therefore, variances to the minimum side and rear setbacks are required prior to the issuance of a building permit for the proposed duplex. PROPOSAL The applicant proposes to construct a duplex on Lot 2 of the Habitat for Humanity development on NE th 11 Avenue. The proposed duplex would consist of Unit “A” (1,394 square feet under air, total 1,796 square feet) and Unit “B” (1,386 square feet under air, total 1,754 square feet), each unit having three (3) bedrooms, two (2) bathrooms, and a one (1)-car garage (see Exhibit “E” – Floor Plan). The proposed duplex would have a front-loaded garage and a side-loaded garage, with the exterior appearance of a single-family residence (see Exhibit “F” – Building Elevations). The duplex is required to comply with R-2 setback requirements. The proposed duplex would be constructed with a minimum front setback of 25 feet from the south property line, and a minimum side setback of 10 feet from the west property line, in compliance with the R-2 minimum setback requirements. However, the application for building permit was placed on hold until the applicant either revised the plans to construct a single-family residence on the lot in compliance with R-1 setback requirements, or obtained variances to the side and rear setbacks for a duplex with R-2 setback requirements. Since the original permit submittal, and permit review comments, the applicant has shifted the proposed duplex east in order to comply with the minimum side setback of ten (10) feet from the west property line. By shifting the proposed duplex, fewer variances are required, and the impact of a further reduced setback from the east property line would be minimal, as the small vacant parcel located east of the subject lot will remain undeveloped due to its deficient size and configuration. A variance of five (5) feet is also required for the proposed 20 foot rear setback from the north property line. ANALYSIS The City Commission has the authority and duty to authorize upon appeal such variance from the terms of a city ordinance as will not be contrary to the public interest when, owing to special conditions, a literal enforcement of the provisions of the city ordinance would result in unnecessary and undue hardship. In order to authorize any variance from the terms of an ordinance, the applicant must demonstrate that the request meets the following criteria (a-g). The applicant’s justification and response to these criteria is attached (see Exhibit “G” - Justification Statement). h.That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. The applicant notes in his justification (Exhibit “G”) that Habitat for Humanity purchased an odd- shaped parcel in January of 2008. The 0.52 acre parcel is currently the subject of plat review, which is to be divided into a total of three (3) lots. The proposed duplex is planned on Lot 2, th which has 93 feet of lot width and lot frontage on NE 11 Avenue, and 99 feet of lot depth. The subject lot is not odd-shaped or irregular, and conforms to the R-2 zoning district requirements for lot area and lot frontage. The R-2 zoning district requires a minimum of 9,000 square feet of lot area for two (2) units, and the subject lot has 9,207 square feet of lot area. The R-2 zoning district also requires a minimum lot frontage of 75 feet, and the subject lot has frontage of 93 feet. In comparison, many lots in the area were platted long ago and are nonconforming in size and lot frontage for the R-2 zoning district. Staff recognizes that special conditions do not exist at this location relative to other properties within the neighborhood that are similarly zoned. 258 of 513 i.That the special conditions and circumstances do not result from the actions of the applicant. The applicant notes in his justification that Habitat for Humanity has been designing and developing the proposed subdivision plat with the guidance of Planning and Zoning, and that it was not until final permitting that they were told that there was a mistake in the proposed setbacks. Staff had several pre-application meetings with the applicant during which the preliminary subdivision plat was reviewed for compliance with lot frontage and access requirements. The applicant was not sure at the time whether single-family residences, duplexes, or a mix of both would be constructed. It was noted that the property was zoned R-2, which allows both single-family and two-family (duplex) residences, and that single-family residences are subject to the R-1 setback regulations. The proposed plat was reviewed for regulations such as lot area and lot frontage; however, the building footprint is not shown on the plat, therefore building setbacks were not part of the plat review or discussions during the pre-application meetings. At the time of building permit application the proposed building footprint is indicated on the lot and building setbacks are then reviewed. The applicant applied for building permits to construct single-family residences on Lots 1 and 3, and a duplex on Lot 2. The applicant mistakenly applied R-1 setbacks to Lot 2 instead of the R-2 setbacks required for construction of a duplex. Several options are available to the applicant that would eliminate the need for the requested variances, such as redesigning the proposed duplex, reducing the size of the proposed duplex, or constructing a single-family residence instead of a duplex. The applicant has considered, but ultimately rejected these options, due to added cost and time. Therefore the conditions and circumstances related to the need for setback variances, in part, do result from actions of the applicant. j.That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. Granting the requested variances to reduce minimum setbacks to five (5) feet in the side yard and twenty (20) feet in the rear yard would not likely confer special privileges on the applicant. Records indicate that several variances for lot area, lot width, and setbacks have been previously granted for other properties in this redevelopment area. The other properties are considered valid nonconforming residential lots platted years ago with 50 feet of lot frontage. k.That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. Literal interpretation of the provisions of the ordinance may deprive the applicant of rights or cause undue hardship. Habitat for Humanity is striving to maximize the number of homes it can build on the property they purchased. These homes are for low-income to very low-income citizens who could otherwise not afford a home. In addition, the majority of homes in the area are single-family, which have the lesser targeted setbacks. By building a single-family residence instead of a duplex on the subject property, one needy (1) family will be deprived of home ownership, something that is commonly enjoyed on other similarly sized properties in the same zoning district. l.That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. 259 of 513 The requested variances are considered to be the minimum that will make possible the reasonable use of the subject lot. The applicant is providing two (2) low-income housing units on the subject lot that is zoned for a residential duplex. A duplex is a reasonable use in the R-2 district and the variances would achieve similar setbacks to surrounding properties. m.That the granting of the variance will be in harmony with the general intent and purpose of this chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Granting the variance would be in harmony with the general intent of the ordinance and would not have negative impacts upon the surrounding area. The variances would affect only properties within the project, not existing homes. Building setbacks are generally intended to provide uniformity to a neighborhood, allow a certain measure of privacy between neighbors, provide space for light and air circulation, and provide distance between neighbors to mitigate noise and odors. A Habitat for Humanity single-family home will be constructed on Lot 3 which is located to the rear (north) of the subject lot. The home on Lot 3 would have the same 20 foot rear yard setback as the proposed duplex on the subject lot, and therefore would be unaffected by the five (5) foot rear yard variance. In addition, a small nonconforming (and undevelopable) parcel is located to the side (east) of the subject lot, therefore the five (5) foot side yard variance would not have a negative impact upon a neighboring property or the abutting right-of-way. In fact, when considering the width of the undevelopable parcel, the east side of the proposed duplex will appear to exceed the minimum setback regulations. n.For variances to minimum lot area or lot frontage requirements, that property is not available from adjacent properties in order to meet these requirements, or that the acquisition of such property would cause the adjacent property or structures to become nonconforming. The requested variances are for reduced setbacks, rather than for lot area or frontage requirements, therefore this criteria is not applicable. CONCLUSIONS / RECOMMENDATION Staff has reviewed the requested variances focusing on the applicant’s response to the above criteria contained in Exhibit “G”. The code states that a zoning code variance cannot be approved unless the board finds compliance with all the stated criteria. As indicated above, staff indicates that only some (c- f) of the criteria are met. The unmet criteria (a-b) indicate a hardship does not exist because the situation was created by the applicant’s proposed construction of two (2) units on the subject conforming lot. The proposed duplex would consist of Unit “A” (1,394 square feet under air, total 1,796 square feet) and Unit “B” (1,386 square feet under air, total 1,754 square feet), each unit having three (3) bedrooms, two (2) bathrooms, and a one (1)-car garage. As stated previously, several options are available to the applicant that would eliminate the need for the requested variances, such as redesigning the proposed duplex, reducing the size of the proposed duplex, or constructing a single-family residence instead of a duplex. The applicant has considered but ultimately rejected these options, and therefore the conditions and circumstances related to the need for setback variances are a result of actions of the applicant, not a DENIED hardship. Therefore, based upon these findings, staff recommends that this request be . Staff is generally supportive of residential redevelopment and associated improvements and recognizes that past variance requests have been reviewed by the City using more than the traditional criteria, or interpretations of this criteria, which places greater emphasis on economic potential, minor home 260 of 513 improvements, and characteristics of or impact upon surrounding properties. For these reasons, staff offers the following additional information for consideration: Granting the variance would be in harmony with the general intent of the ordinance and would not 6. have negative impacts upon the surrounding area. The ultimate home on Lot 3 would have the same 20 foot rear yard setback as the proposed duplex on the subject lot, and therefore would be unaffected by the five (5) foot rear yard variance. In addition, the abutting nonconforming and unbuildable lot will remain vacant and basically contribute to the surplus setback between the proposed duplex and abutting right-of-way of Railroad Avenue, therefore the five (5) foot side yard variance would not have a negative impact upon a neighboring property. As noted above, there is a history of variances in the surrounding neighborhoods and nonconforming 7. conditions. Records indicate that several variances for lot area, lot width, and setbacks have been previously granted for other properties in this redevelopment area. The other properties are considered valid nonconforming residential lots platted years ago with 50 feet of lot frontage. The proposed project will essentially conform, or have an appearance of conformity, compared to the area. The subject property is located in the Heart of Boynton Community Redevelopment Area. The 8. planned new construction on Lots 1-3 by Habitat for Humanity would provide neighborhood improvement and revitalization to a vacant unused parcel of land, and would provide some needed new housing and promote homeownership in the area. Proposed construction of a duplex on the subject lot, rather than a single-family residence, would 9. provide low-income housing for an additional family in need as well as greater economic potential for the City as a whole. Staff has received no letters of objection regarding the requested setback variances. 10. Staff does not recommend any conditions of approval that would apply if the variance requests were approved (see Exhibit “H” – Conditions of Approval). Any conditions of approval added by the Planning & Development Board or the City Commission will be placed in Exhibit “H”. MR/kz S:\Planning\SHARED\WP\PROJECTS\Habitat for Humanity\ZNCV 10-008\Staff Report.doc 261 of 513 262 of 513 263 of 513 264 of 513 265 of 513 266 of 513 267 of 513 268 of 513 269 of 513 EXHIBIT "H" Conditions of Approval Project Name: Habitat for Humanity Variances th 417-419 NE 11 Avenue File Number: ZNCV 10-008 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- Forestry Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X UTILITIES Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: To be determined. X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. X 270 of 513 S:\Planning\SHARED\WP\PROJECTS\Habitat for Humanity\ZNCV 10-008\COA.doc 271 of 513 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Habitat for Humanity Variances (ZNCV 10-008) APPLICANT’S AGENT: Michael Campbell, Executive Director of Habitat for Humanity of South Palm Beach County th APPLICANT’S ADDRESS: 181 SE 5 Avenue, Delray Beach, FL 33483 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 17, 2010 TYPE OF RELIEF SOUGHT: Variance approval for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.F.2.a., requiring a side building setback of 10 feet, to allow a 5-foot variance, and a side building setback of 5 feet; and requiring a rear building setback of 25 feet, to allow a 5-foot variance, and a rear building setback of 20 feet for a proposed residential duplex in the R-2 zoning district. th LOCATION OF PROPERTY: 417 – 419 NE 11 Avenue, Boynton Beach DRAWING(S): SEE EXHIBIT “D” ATTACHED HERETO. ____X__ THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR ________ THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City’s Land Development Regulations. 2. The Applicant ___ HAS ___ HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit “H” with notation “Included”. 4. The Applicant’s application for relief is hereby ___ GRANTED subject to the conditions referenced in paragraph 3 hereof. ___ DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other __________________________________________________________________ 272 of 513 DATED:__________________________ ________________________________________________ City Clerk S:\Planning\SHARED\WP\PROJECTS\Habitat for Humanity\ZNCV 10-008\DO.doc 273 of 513 9. C PUBLIC HEARING August 17, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 17, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve Gateway Hotel (NWSP 09-003) new site plan for EQUESTED CTION BY ITY OMMISSION construction of a four (4) story, 77,744 square foot, 108 room hotel on Lot 2, Quantum Park, in the Planned Industrial Development (PID) Zoning District. Applicant: John Vaughan, Art & Architecture, Inc. ER: Request approval for North Boynton Beach Hospitality LLLP to XPLANATION OF EQUEST construct a four (4) story, 77,744 square foot, 108 room hotel on the 2.77 acre parcel. The applicant is the owner of the Hampton Inn & Suites and is negotiating with different hotel chains to occupy the new site. Staff has reviewed this request for new site plan approval and recommends approval, subject to satisfaction of all comments indicted in Exhibit “C” – Conditions of Approval. The Technical Application Review Team (TART) recommends that the deficiencies identified in this exhibit be corrected on the set of plans submitted for building permit. Also, any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. The Planning & Development Board reviewed this request and forwards to the Commission with a recommendation for approval. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: Not approve subject request. LTERNATIVES 274 of 513 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 10- 046 STAFF REPORT TO: Chairman and Members Planning and Development Board THRU: Michael Rumpf Planning and Zoning Director FROM: Ed Breese Principal Planner DATE:July 8, 2010 PROJECT NAME/NO: Gateway Hotel / NWSP 09-003 REQUEST: New Site Plan PROJECT DESCRIPTION Property Owner: North Boynton Hospitality LLLP Applicant/Agent: John Vaughan, Art & Architecture, Inc. Location: Quantum Park Lot 2, Gateway Boulevard immediately west of the the LWDD E-4 Canal (Exhibit “A” – Location Map) Existing Land Use/Zoning: Industrial (I) / Planned Industrial Development (PID) district Proposed Land Use/Zoning: No change proposed Land Use Option: OIH (Office Industrial Hotel) Proposed Use: Request for New Site Plan approval for construction of a four (4) story, 77,744 square foot, 108 room hotel. Acreage: 2.77 acres Adjacent Uses: North: Right-of-way for Quantum Boulevard, then farther north developed flex industrial space (West Quantum Plaza); South: Developed commercial (Regions Bank), then farther south right-of-way for Gateway Boulevard; Staff Report – Gateway Hotel (NWSP 09-003) Memorandum No. PZ 10-046 Page 2 275 of 513 East: Right-of-way for the LWDD E-4 Canal, then farther east The Charter School of Boynton Beach; and West: Hampton Inn & Suites, then farther west water management tract, and farther west The Shoppes of Boynton shopping center. Project size: The project consists of a four (4) story, 77,744 square foot, and 108 room hotel on a 2.77 acre parcel. Site Characteristic: The subject parcel is comprised of Lot 2, a vacant tract in the Quantum Park PID and is a fairly L-shaped piece of land, with approximately 440 feet of frontage along Quantum Boulevard and approximately 370 feet along the LWDD E-4 Canal. BACKGROUND Proposal: North Boynton Beach Hospitality LLLP proposes to construct a four (4) story, 77,744 square foot, 108 room hotel on the 2.77 acre parcel. The applicant is the owner of the Hampton Inn & Suites and is negotiating with a couple of hotel chains to occupy the new site. ANALYSIS Concurrency: Traffic: A traffic study was submitted to Palm Beach County Traffic Engineering. Based upon their review, the proposed project is located within the Quantum Park Development of Regional Impact (DRI) and the trips proposed are within the limits of the approved number of vehicular trips for the DRI. However, no permits are to be issued after the build-out date of 2013. Drainage: Conceptual drainage information was provided for the City’s review. The Engineering Division has found the conceptual information for the subject property to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. School: This project is exempt from the school concurrency requirements of Palm Beach County. Driveways: The main ingress / egress driveway for the proposed hotel is located on Quantum Boulevard, approximately at the midpoint of the northern property line, and is approximately 25 feet in width. Secondary ingress / egress is located along the southern property line, abutting the bank parcel, in a previously dedicated cross-access easement, also 25 feet in Staff Report – Gateway Hotel (NWSP 09-003) Memorandum No. PZ 10-046 Page 3 width, and providing access through the bank parcel to Gateway Boulevard. Parking Facility: Parking for hotels is based on one and a quarter (1.25) parking spaces per hotel room, thus requiring a total of 135 parking spaces for the 108 rooms proposed. The plan as designed accommodates 135 parking spaces, including 5 handicap spaces. The typical parking spaces are dimensioned 9 feet x 18 feet, with the 276 of 513 handicap spaces shown as 12 feet x 18 feet with the associated 5 foot striped aisle. Standard parking space dimensions, outside of the CRA district, are 9.5 feet x 18.5 feet. This project is located outside the CRA district, and the applicant applied for an Engineering Division waiver of this parking standard, in part based upon the parking space dimensions applied to the other two parking lots on the same site (Hampton Inn and Regions Bank). The Engineering division has approved the waiver based upon consistency in design, thereby allowing the subject parking area to be designed consistent with the older lots on the parcel. Landscaping: The proposed pervious or “green” area of the lot would be 41,211 square feet or 35% of the total site. The lanscape plan tabular data (Sheet L-1) indicates that 116 (91 native) trees and palms and 2,631 (1,434 native ) shrubs and groundcover are being provided. Typical trees being utilized in the planting scheme include Live Oak, Gumbo Limbo, Pink Tabebuia and Tibouchina, along with Royal, Sabal and Montgomery palms. Shrub material selected for the site include Cocoplum, Ixora, Indian Hawthorne, Dwarf Schefflera, Saw Palmetto and Croton. The typical groundcovers include a variety of Ferns, Fakahatchee Grass and Annuals. Staff is recommending two (2) conditions regarding improvements in the proposed landscape design. First, staff recommends the grouping of taller shrubs in the 6’ to 8’ height range be added along the east side of the hotel, at all locations between windows, to provide substantial plant material ranging between the depicted hedge height of 2’ and palm trees at 25’. This will help soften the mass of the building. Secondly, staff recommends the elimination of smaller/isolated sod areas and replacement with a native planting scheme, in an effort to reduce irrigation demand (see ‘Exhibit C” – Conditions of Appproval). Building and Site: Building and site regulations will be fully met when staff comments are incorporated into the permit drawings. The proposed four-story hotel building would have a typical roof height of 41 feet, with the average parapet wall extending to 45 feet, and taller parapet and arch features at 50 feet or below. The proposed building is in compliance with the maximum allowed height in the PID zoning district of 45 feet, with parapet walls being allowed to extend up to five (5) additional feet. The Staff Report – Gateway Hotel (NWSP 09-003) Memorandum No. PZ 10-046 Page 4 floor plans (Sheets A.01 & A.02) show a mix of one and two sleeping room hotel suites. The hotel has a small meeting room, small eating area, exercise room, labby and outdoor pool area with a barbeque. Design: The elevation drawings (Sheets A.03 & A.04) show that the building would be designed utilizing many of the building characteristics of the Renaissance Commons project to the south, across Gateway Boulevard. The hotel is designed with the same “Mission Red” Monier roof tiles approved on several of the Renaissance Commons buildings, comparable decorative parapet design and building colors. The chosen paint colors are soft earthtone colors, mainly in the beige and cream range. The majority of the body of the building would be Sherwin Williams paints, “Kilim Beige” and “Netsuke”, accenting the different building pop-outs, with a slightly darker beige or tan color, “Latte”, at the base of building in certain areas. Another color, “Jersey Cream” is proposed to be used 277 of 513 sparingly on the other building pop-outs. The accent color for the decorative parapet banding is proposed as “Divine White”. The applicant has provided the City with a letter documenting approval from the Quantum Architectural Review Committee (ARC) of the site plan and associated architectural drawings. Signage: The proposed site signage for the project consists of a monument sign along the entry from Quantum Boulevard, which will be required to be designed in accordance with the Quantum Park sign program and receive approval from the Quantum Architectural Review Committee (see ‘Exhibit C” – Conditions of Appproval). The building is proposed to have a series of dark green channel letter wall signs, in an Arial font, with individual letters ranging in size from 20 to 32 inches in height. RECOMMENDATION Staff has reviewed this request for new site plan approval and recommends approval, subject to satisfaction of all comments indicted in Exhibit “C” – Conditions of Approval. The Technical Application Review Team (TART) recommends that the deficiencies identified in this exhibit be corrected on the set of plans submitted for building permit. Also, any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Quantum Park Lot 2\Gateway Hotel\NWSP 09-003\Staff report.doc 278 of 513 279 of 513 280 of 513 281 of 513 282 of 513 283 of 513 284 of 513 EXHIBIT "C" Conditions of Approval Project name: Gateway Hotel File number: NWSP 09-003 rd Reference: 3 review plans identified as a New Site Plan with a September 22, 2009 Planning & Zoning date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS-Traffic Comments: 1. Provide Fire Lanes in accordance with the LDR, Chapter 23, Article II, Section B.2 and Section M. X FIRE Comments: 2. A Fire Sprinkler will be required for this building. Provide a current flow test at time of permitting. X 3. Provide a CAD disc of the submittal plans. X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: 4. At time of permit review, submit signed a sealed working drawings of the proposed construction. X 5. If capital facility fees (water and sewer) are paid in advance to the City of Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: A. The full name of the project as it appears on the Development Order and the Commission-approved site plan. B. The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34). X 6. At time of permit review, submit separate surveys of each lot, parcel, or tract. X 285 of 513 DEPARTMENTS INCLUDE REJECT 7. Pursuant to approval by the City Commission and all other outside agencies, the plans for this project must be submitted to the Building division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. X 8. The full address of the project shall be submitted with the construction documents at the time of permit application submittal. The addressing plan shall be approved by the United State Post Office, the City of Boynton Beach Fire Department, the City’s GIS Division, and the Palm Beach County Emergency 911. A. Palm Beach County Planning, Zoning &Building Division, 100 Australian Avenue, West Palm Beach, Florida (Sean McDonald – 561-233-5013) B. United States Post Office, Boynton Beach (Michelle Bullard – 561-734- 0872) X 9. Pool and spa area shall be handicap accessible. X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 10. The applicant must mitigate the trees in the r-o-w swale where the ingress/egress point is proposed along Quantum Boulevard. This should be coordinated with the Quantum Park Architectural Review Committee. Additionally, the area between the property line and paved surface of Quantum Boulevard shall be landscaped and irrigated to match other segments of the roadway. X 11. Staff recommends eliminating all smaller and/or isolated sod areas and replacing those areas with a native planting scheme, in an effort to reduce irrigation demand. X 12. Groupings of taller shrubs in the 6’ to 8’ height range shall be added on the east side of the Hotel at all locations between windows, to provide plant material between the heights of 2’and 25’ depicted on the landscape plan, and to help soften the mass of the building. X 13. The proposed site signage will be required to be designed in accordance with the Quantum Park sign program and receive approval from the Quantum Architectural Review Committee prior to permitting. X 14. It is the applicant’s responsibility to ensure that the New Site Plan is publicly advertised in accordance with Ordinance 04-007. X 286 of 513 DEPARTMENTS INCLUDE REJECT 15. The applicant is responsible for compliance with Ordinance 05-060, the “Art in Public Places” program and must demonstrate their participation. X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: To be determined. X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. X S:\Planning\SHARED\WP\PROJECTS\Quantum Lot 2\Gateway Hotel\Condition of Approval 2 page -P&D 2004 New 11-09.doc 287 of 513 S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc 288 of 513 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Quantum Hotel- Quantum Park Lot 2 APPLICANT’S AGENT: John Vaughan – Art & Architecture, Inc. APPLICANT’S ADDRESS: 1305 Poinsettia Drive, Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 17, 2010 TYPE OF RELIEF SOUGHT: Request for New Site Plan approval for the construction of a four (4) story, 77, 744 square foot, 108 room hotel, on a 2.77 acre parcel in a PID (Planned Industrial Development) district. LOCATION OF PROPERTY: 2450 Quantum Blvd. DRAWING(S): SEE EXHIBIT “B” ATTACHED HERETO. ____X__ THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR ________ THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City’s Land Development Regulations. 2. The Applicant ___ HAS ___ HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit “C” with notation “Included”. 4. The Applicant’s application for relief is hereby ___ GRANTED subject to the conditions referenced in paragraph 3 hereof. ___ DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other ____________________________________________________________ DATED:__________________________ ______________________________________ City Clerk 289 of 513 S:\Planning\SHARED\WP\PROJECTS\Quantum Lot 2\Gateway Hotel\DO Revised for P&D New 11-09.doc 290 of 513 9. D PUBLIC HEARING August 17, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 17, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve the amendment of two (2) conditions of approval EQUESTED CTION BY ITY OMMISSION associated with the previously granted JR Watersports (COUS 10-003) conditional use approval for a 7,419 square foot new boat dealership, to extend the timeframe to complete all site improvements by six (6) months and to allow one (1) watercraft to be displayed forward of the front building line. Applicant: Mike Wood, South Florida Master Craft. ER: The owner of South Florida MasterCraft is requesting to amend XPLANATION OF EQUEST two (2) conditions of approval associated with the previously granted conditional use approval for a 7,419 square foot new boat dealership to extend the timeframe to complete all site improvements by six (6) months, and to allow one (1) watercraft to be displayed forward of the front building line in the General Commercial (C-4) zoning district. The applicant received Conditional Use approval for a new boat dealership at 725 North Federal Highway on July 21, 2009. Mr. Wood has since renovated the building and site and opened for business. He is now requesting to amend two (2) conditions of the original approval. The first request is for a six (6) month extension to the one (1) year timeframe established by the Planning & Development Board to complete all improvements. The second requested amendment to the conditions of approval is to allow one (1) watercraft to be displayed in front of the building. The original approval precluded the display of watercraft forward of the building line, in an effort to ensure the new operator would not create the look of a boat storage yard along Federal Highway, like the previous operator on the site. Mr. Wood is asking to be able to display only one (1) new boat in front of the business, and only during business hours. 291 of 513 Staff recommends approval of the request for the six (6) month extension of the Conditional Use approval to January 21, 2011, and the approval for the display of one (1) watercraft forward of the front building line during the hours of business operation, subject to all recommended conditions of approval. The Planning & Development Board reviewed this request and forwards to the Commission 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 request. LTERNATIVES 292 of 513 DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 10-049 TO: Chair and Members Planning and Development Board FROM: Ed Breese Principal Planner THROUGH: Michael Rumpf Planning and Zoning Director DATE: July 12, 2010 RE: South Florida MasterCraft (aka JR Watersports) (COUS 10-003) Request to amend Conditions of Approval (#17 and #20) NATURE OF REQUEST Mr. Mike Wood, owner of South Florida MasterCraft, is requesting to amend two (2) conditions of approval associated with the previously granted conditional use approval for a 7,419 square foot new boat dealership to extend the timeframe to complete all site improvements by six (6) months and to allow one (1) watercraft to be displayed forward of the front building line in the General Commercial (C-4) zoning district. BACKGROUND The applicant received Conditional Use approval for a new boat dealership at 725 North Federal Highway on July 21, 2009. Mr. Wood has since renovated the building and site and opened for business. He has provided a series of photographs depicting before and after conditions (see “Attachment B”), and is now requesting to amend two (2) conditions of the original approval. The first request is for a six (6) month extension to the one (1) year timeframe established by the Planning & Development Board to complete all improvements. To date, the applicant indicates that he has completed all renovations to the building including the addition of architectural treatments and painting, replacement of overhead doors facing Federal Highway with storefront windows, addition of wall signs, air condition upgrades, installation of handicap accessible restrooms, construction of new offices, installation new flooring and new fire doors and construction of a parts room. Improvements to the site include removal of a damaged chain link fence along the front of the property, repair and replacement of the sprinkler irrigation system, installation of landscaping in front of the building, parking lot striping, installation of handicap parking and associated ramp, and site lighting improvements. The outstanding items include the installation of a decorative aluminum fence on the north side of the building, which the applicant proposes to complete in October of 2010, and the installation of the exfiltration drainage system and completion of the landscaping behind the front building line, which the applicant proposes to finalize by the end of January 2011. Therefore, the applicant is requesting a six (6) month extension. As partial justification, Mr. Wood indicates this is his busy season and it will be much easier to complete the remaining improvements during his “off season”, in order to cause the least 293 of 513 amount of disruption to his operations. Additionally, this allows business activity to generate revenues for the remaining improvements without depleting all the reserves. The second requested amendment to the conditions of approval is to allow one (1) watercraft to be displayed in front of the building. The original approval precluded the display of watercraft forward of the building line, in an effort to ensure the new operator would not create the look of a boat storage yard along Federal Highway, like the previous operator on the site. Mr. Wood is asking to be able to display only one (1) new boat in front of the business, and only during business hours. He has been able to design a potential display area that does not eliminate or impede customer parking. He has created a rock oasis of blue stone to provide the illusion of the boat being placed in the water (see “Attachment D”). RECOMMENDATION Staff has reviewed the request to amend the conditions of approval and believe the applicant has made a good faith effort to complete all the site improvements associated with his Conditional Use approval and note that dramatic improvements have been made to the property. Staff has worked closely with the applicant on the improvements to date and believe that his justifications for the six (6) month extension are valid and worthy of support. Additionally, staff supports the request for the display of only one (1) watercraft forward of the building line, based upon the limitation of one (1) such craft, the limitation on the hours of display, the continued maintenance of the oasis-like design and the location not having any impact on required parking or on-site traffic circulation. As such, staff recommends approval of the request for the six (6) month extension of the Conditional Use approval to January 21, 2011, to complete the remaining site improvements and approval of the display of one (1) watercraft forward of the front building line during the hours of business operation, subject to all staff conditions of approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\JR WATERCRAFT\COUS 10-003 Staff Report.doc 294 of 513 295 of 513 296 of 513 297 of 513 298 of 513 299 of 513 300 of 513 301 of 513 302 of 513 303 of 513 304 of 513 305 of 513 9. E PUBLIC HEARING August 17, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 17, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED ORDINANCE NO. 10-020 - FIRST EQUESTED CTION BY ITY OMMISSION READING -- Approve amendment of the Land Development Regulations Chapter 1, Article II Definitions to add a definition for dry cleaners, and Chapter 2. Zoning, Sections 6.F. and 6.H. to allow dry cleaners within all mixed use districts and requiring conditional use approval if they clean or launder clothing on- premises. Dry Cleaners in Mixed Use (CDRV 10-006). Applicant: City initiated ER: Request approval for proposed amendments to the Land XPLANATION OF EQUEST Development Regulations, specifically to Chapter 1, Article II Definitions by adding a definition for “dry cleaner” and “dry cleaning plant”, and to modify Chapter 2. Zoning, Sections 6.F. (Table 6F-1) and 6.H. (Table 6H-1) to allow dry cleaners within all mixed use districts, and requiring conditional use approval if they clean or launder clothing on-premises. A dry cleaner is a permitted use in the SMU zoning district, provided that it operates without cleaning or laundering clothing or garments on-site. Dry cleaners are prohibited from doing these types of activities on-site where located in the SMU zoning district and all other mixed use zoning districts. The proposed code amendment however, would create a definition for dry cleaners and allow cleaning and laundering activities on the premises for establishments located within mixed use districts, contingent upon conditional use approval. This will allow for a thorough analysis of each application, utilizing the conditional use review criteria to provide the ability to impose any necessary conditions on the approval, in order to maintain use compatibility. Staff recommends eliminating the prohibition of cleaning or laundering on-site for establishments located in mixed use districts, and that the conditional use process should be required, to ensure that any required exterior modification or alteration would have little or no adverse impact or conflict with existing architectural design and quality. The conditional use 306 of 513 process will also help to ensure that dry cleaners and neighboring residences can co-exist since applicants will be required to specifically address general compatibility issues, such as refuse, hazards, odors, and noise. Furthermore, a maximum size limitation on these types of facilities (2,000 square feet) will help prevent the growth or conversion of each store to a more intense or unintended use. The Planning & Development Board reviewed this request and forwards to the Commission 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 request LTERNATIVES 307 of 513 ORDINANCE 10-____ ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING PART III, "LAND DEVELOPMENT REGULATIONS", ARTICLE II OF CHAPTER 1. “GENERAL PROVISIONS”, TO ADD A DEFINITION FOR DRY CLEANERS AND DRY CLEANING PLANT AND AMENDING CHAPTER 2. "ZONING", SECTIONS 6F AND 6H TO ALLOW DRY CLEANERS WITHIN ALL MIXED USE DISTRICTS AND REQUIRING CONDITIONAL USE APPROVAL; PROVIDING FOR CONFLICT, SEVERABILITY, INCLUSION; AND EFFECTIVE DATE. WHEREAS, a dry cleaner is a permitted use in the SMU zoning district, provided that it operates without cleaning or laundering clothing or garments on-site; and WHEREAS, the proposed amendment would create a definition for dry cleaners and dry cleaning plants and allow cleaning and laundering activities on the premises for dry cleaning establishments located within mixed use districts, contingent upon conditional use approval; and WHEREAS, staff recommends eliminating the prohibition of cleaning or laundering on-site for establishments located in mixed use districts and that the conditional use process be required to ensure that any required exterior modification or alteration would have little or no adverse impact or conflict with existing architectural design and quality; and WHEREAS, a maximum size limitation of 2,000 square feet on these types of facilities will help prevent the growth or conversion of each store to a more intense or unintended use. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. That the foregoing "WHEREAS" clause is true and correct and hereby ratified and confirmed by the City Commission. Section 2. That Part III, "Land Development Regulations", Chapter 1, "General Provisions", of the Code of Ordinances of the City of Boynton Beach is hereby amended by amending Article II. “Definitions” to add the following two new terms and definitions: DRY CLEANER – An establishment that dry cleans or launders articles of clothing and garments that are deposited on the premises directly by the customer. The cleaning and / or 308 of 513 laundering of articles of clothing / garments may occur either on or off the premises. The business is small-scale and not intended to perform as a dry cleaning plant. DRY CLEANING PLANT – An establishment that cleans fabrics, textiles, wearing apparel, or articles of any sort. These establishments are typically not open to the general public and primarily cater to a commercial and / or industrial clientele. Section 3 That Part III, "Land Development Regulations", Chapter II, "Zoning", of the Code of Ordinances of the City of Boynton Beach is hereby amended by amending Section 6F.4 Table 6F-1 that reads as follows: Chapter 2. Zoning, Section 6.F.4 Table 6F-1: USE GROUP MU-L1 MU-L2 MU-L3 MU-H 6,86,86,86,8 Dry Cleaner P P P P 8 On-site drop-off and pick-up only is allowed as a permitted use; however, any cleaning or laundering activities conducted on the premises requires conditional use approval, and the floor area of such establishment cannot exceed 2,000 square feet. Section 4. That Part III, "Land Development Regulations", Chapter II, "Zoning", of the Code of Ordinances of the City of Boynton Beach is hereby amended by amending Section 6H.3 Table 6H-1 that reads as follows: Chapter 2. Zoning, Section 6H.3 Table 6H-1: USE GROUP SMU ZONE 2,4 Dry Cleaner P 2 Must be integrated into a commercial or mixed use development and any single business, not to shall not exceed 30 percent of the gross floor area of the mixed use development. 4 On-site drop-off and pick-up only is allowed as a permitted use; however, any cleaning or laundering activities conducted on the premises requires conditional use approval, and the floor area of such establishment cannot exceed 2,000 square feet. 309 of 513 Section 5. All prior ordinances or resolutions or parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 6. If any section, sentence, clause, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. Section 7. It is the intention of the City Commission of the City of Boynton Beach, Florida, that the provisions of this Ordinance shall become and be made a part of the City of Boynton Beach Code of Ordinances; and that the sections of this ordinance may be renumbered or relettered and the word "ordinance" may be changed to "section," "article," or such other appropriate word or phrase in order to accomplish such intentions. Section 8. This Ordinance shall be effective immediately after adoption by the City Commission. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 310 of 513 PASSED FIRST READING this ___ day of __________, 2010. SECOND AND FINAL READING ADOPTED this ___ day of ________, 2010. CITY OF BOYNTON BEACH, FLORIDA _________________________________ Mayor – Jose Rodriguez _________________________________ Vice Mayor – Marlene Ross _________________________________ Commissioner – William Orlove _________________________________ Commissioner – Woodrow L. Hay _________________________________ Commissioner – Steven Holzman ATTEST: ______________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 311 of 513 9. F PUBLIC HEARING August 17, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 17, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve LDR Re-write Group 8 (CDRV 07-004) code EQUESTED CTION BY ITY OMMISSION review pursuant to the Land Development Regulation Rewrite Work Schedule, including: Chapter 1, Article VII Administrative and Decision Making Bodies; Chapter 1, Article VIII Appeals; Chapter 1, Article IX Notice of Intent; and all applications administered by the Planning and Zoning Division. Applicant: City initiated. ER: Group 8 is primarily comprised of the General Provisions of the XPLANATION OF EQUEST LDR; the relationship between the LDR and the Comprehensive Plan and redevelopment plans; updates to the Concurrency Management System (CMS); and the regulations pertaining to city housing programs. This portion of Group 8 however, consists of decision making bodies, the appeal process, and the Notice of Intent. Below is a list of all the articles associated with this chapter to be titled “General Administration.” This proposed format attempts to consolidate all the decision making regulations and appeal process provisions of the LDR into two (2) different articles in the new code. Those items below in bold and italicized font signify the articles included with this portion of Group 8: GROUP 8 Chapter 1. General Administration Article I. General Provisions (Previous Deliverable) Article II. Definitions (Previous Deliverable) Article III. Comprehensive Plan (Previous Deliverable) Article IV. Redevelopment Plans (Previous Deliverable) 312 of 513 Article V. Housing Initiatives (Previous Deliverable) Article VI. Concurrency Management System (Previous Deliverable) Article VII. Administrative and Decision Making Bodies Article VIII. Due Process and Quasi-Judicial Hearings Article IX. Notice of Intent LDR format or organization was the target of an original objective which continues to be furthered by the consolidation of common topics. Staff proposes to separate the entire Part III (currently 23 chapters) of the existing code and distribute them amongst four (4) distinct chapters. A four (4)-chapter code deviates much from the existing code, but is organized according to the Model Land Development Code, and being generally ordered to follow the chronological flow of the City’s land development process. The first chapter of the new code will contain all the general administrative provisions. The attached would replace portions (or all) of the following chapter and code sections of the current code: Chapter 1 General Provision Article VII (Appeals) Chapter 1.5. Planning and Development, Generally Article I (In General) The existing provisions and regulations in the above code were comprehensively reviewed for accuracy and subsequently reformatted to fit into the proposed code. In addition to reformatting, the following changes were made to each respective article: Article VII. Administrative and Decision Making Bodies The opening paragraph of Article VII Administrative and Decision Making Bodies will now commence with existing language and a reference to Part II City Code of Ordinances regarding the ethical standards and obligations for all those who are considered decision makers in the land development process. With respect to the Planning and Development Board (P&D Board), the proposed code was changed to reflect the minimum number of required members that constitutes a quorum – increased from three (3) members to four (4) members. Also, the P&D Board’s rules of procedures were updated to include planned absences as justification for the rescheduling meetings. Finally, the list of land development applications that are subject to P&D Board review (e.g., site plans, conditional uses, variances) was updated. Article VIII. Appeals The Appeals ordinance was updated by eliminating the regulations pertaining to the Concurrency Review Board because the Board was never created after the initial concurrency regulations were drafted and approved years ago. Article IX. Notice of Intent The definitions in the original Notice of Intent ordinance were removed and comingled with the article where all land development related definitions will be located (Chapter 1, Article II Definitions). Applications of the Planning and Zoning Division 313 of 513 Existing applications were modified (e.g., site plan, conditional use, variance) and new applications were created (e.g., community design appeal, sign program). Each application was designed to be consistent with each other, and all ask of for the information that is pertinent to the process for which it was created. Staff recommends the Board and Commission approve this draft portion of Group 8, as well as the new Planning and Zoning applications. Any changes recommended by the Board and the Commission however, will be incorporated into the document or schedule for ultimate consideration at time of adoption. The Planning and Development Board reviewed the request for the Land Development Regulations (CDRV 07-004) on July 27, 2010 and forwards it with a recommendation for approval. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: Not approve subject request or approve with modifications. LTERNATIVES 314 of 513 315 of 513 316 of 513 317 of 513 318 of 513 319 of 513 320 of 513 321 of 513 322 of 513 323 of 513 324 of 513 325 of 513 326 of 513 327 of 513 328 of 513 329 of 513 330 of 513 331 of 513 332 of 513 333 of 513 334 of 513 335 of 513 336 of 513 337 of 513 338 of 513 339 of 513 340 of 513 341 of 513 342 of 513 343 of 513 344 of 513 345 of 513 346 of 513 347 of 513 348 of 513 349 of 513 350 of 513 351 of 513 352 of 513 353 of 513 354 of 513 355 of 513 356 of 513 357 of 513 358 of 513 359 of 513 360 of 513 361 of 513 362 of 513 363 of 513 364 of 513 365 of 513 366 of 513 367 of 513 368 of 513 369 of 513 370 of 513 371 of 513 372 of 513 373 of 513 374 of 513 375 of 513 376 of 513 377 of 513 378 of 513 379 of 513 380 of 513 381 of 513 382 of 513 383 of 513 384 of 513 385 of 513 386 of 513 387 of 513 388 of 513 389 of 513 390 of 513 391 of 513 392 of 513 393 of 513 394 of 513 395 of 513 396 of 513 397 of 513 398 of 513 399 of 513 400 of 513 401 of 513 402 of 513 403 of 513 404 of 513 405 of 513 406 of 513 407 of 513 408 of 513 409 of 513 410 of 513 411 of 513 412 of 513 413 of 513 414 of 513 415 of 513 416 of 513 417 of 513 418 of 513 419 of 513 420 of 513 421 of 513 422 of 513 10. A CITY MANAGER’S REPORT August 17, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 17, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Accept the Budget Status Report of the General Fund and EQUESTED CTION BY ITY OMMISSION the Utility Fund for the ten (10) month period ended July 31, 2010. ER: This is the monthly financial report for the period thru July 31, XPLANATION OF EQUEST 2010, As in prior monthly reports, we are summarizing and providing this analysis of actual revenues and expenditures of the City’s General Fund and Utility Fund representing the two ten (10) month period ended July 31, 2010; 83% of the fiscal largest City funds for the year . The analysis -  Compares actual results for the current period to (a) the annual budget for this fiscal year and (b) the actual results for the same period compared to the annual budget of the prior fiscal year and  Estimates and makes a conservative projection of revenues for the balance of this fiscal year. H? The report is one of the financial reporting OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES services of the Finance Department for the purpose of providing interim financial information to the City Commission and to City Management. FI: The fiscal impact of the actual budgetary results to date for the General Fund ISCAL MPACT and the Utility Fund follow. 423 of 513 GENERAL FUND The FY 2010 revised annual budget of $70.5 million represents a 5% decrease from the FY 2009 budget of $74.5 million. However, in order to balance the FY 2010 budget, it required the following two non-revenue funding sources.  A fund balance appropriation (reduction) of $3.5 million and  Transfers from other funds aggregating $22.4 million. The fund balance reduction and transfers from other funds represent an unusually high 36% of our total General Fund budget. For the ten months (83%) of FY 2010,  Revenues and transfers realized are $62.9 million (89%) of the budget estimate.  Expenditures incurred are $59.1 million (84%) of the annual appropriated budget. FY 2010FY 2009 BudgetActual to DateActual to Date Annual Budget (*) Amount%Amount% Approved Revenues/Transfers$ 70,517$ 62,96089%$ 74,571$ 60,72481% Expenditures$ (70,517)$ (59,191)84%$ (74,571) $ (56,606)76% Excess (Deficit)$ -$ 3,769$ - $ 4,118 (*)The FY 2009 budget of $74.5 million represents the final amended budget for the year. The original budget for the year was $70.7 million. The difference represented the transfer of funding sources and an equal amount of expenditures from the Fire Assessment Fund. Revenues & Transfers - Overall, we have received $62.9 million to date and ahead at this point in time during the fiscal year in comparison to last year. In the current year, these funding sources can be summarized into three major groups making up the total percentage of the budget: 1. 36% - $ 25.8 M – Property taxes less Tax Increment Financing to the CRA The majority of property taxes are received in December (versus ratably over the year. While 98% of property taxes were received through July 30 in both years, all but $492 thousand has been received this year compared to $705 thousand last year. Other major revenues are on target and slightly ahead of last year. 2. 36% - $ 25.9 M – Transfers from other funds and Fund balance appropriated Current practice is to make 1/12 of these funding sources available to the General Fund monthly. We initiated this midway last year. 3. 28% - $ 18.8 M – Other revenues 100% - $ 70.5 M – Total funding sources Expenditures – General Fund expenditures to date are $59.1 million (84%) of the $70.5 million expenditure appropriation for FY 2010. 424 of 513 It should be stated that 10/12 ($8.2 M) of the City’s Annual Required Contribution to the City’s three pension funds totaling $9.8 million was been expensed (accrued) in the month of June and reflected in the $59.1 million expenditures to date. This accrual was not made in FY 2009 until the end of the fiscal year. As a result, the actual expenditures of $59.1 million represent an added $8.2 million when compared to FY2009 of $56.6 million. UTILITY FUND The FY 2010 annual expenditure budget of $32.4 million represents nearly an 8% decrease from the FY 2009 budget of $35.4 million. At the same time, necessary rate increases result in an estimated $2.4 million fund balance increase to offset last year’s deficit of $4.8 million. In FY 2009, with declining water consumption, revenues were insufficient to cover the expenditure budget resulting in a necessary appropriation of fund balance of $4.8 million last year to cover the budgeted expenditures. Considering the need to balance the budget and make up for the budgeted deficit, the following occurred last year.  Necessary rate increases were approved and put in place on May 1, 2009 resulting in added revenues of $2.5 million to partially offset the $4.8 million estimated deficit.  Added expenditure reductions were implemented resulting in actual expenditures of $30.0 million vs. the $35.4 million originally appropriated; resulting in a $5.4 million savings of 15%. For the ten months (83%) of FY 2010,  Revenues realized of $28.2 million (87%) are running ahead of the annual budget estimate vs. 83% of the fiscal year.  Expenditures incurred are also favorable at $26.2 million (81%) of the annual appropriated budget. This results in an excess of revenues over expenditures of $2,000 thousand. FY 2010FY 2009FY 2010 vs. 2009 Annual Annual Actual to DateActual to Date BudgetActual BudgetBudget Amount%Amount%%% Revenues$ 32,465 $ 28,259 87%$ 35,442 $ 31,114 88%-8%-9% Expenditures$ (32,465)$ (26,259)81%$ (35,442)$ (25,171)71%-8%4% Excess (Deficit)$ -$ 2,000 $ -$ 5,943 The following provides brief comments on revenues and expenditures to date. Revenues - The $28.2 million in FY 2010 revenues and fund balance appropriation when compared to same period for FY 2009 results in excess revenues of $2.0 million, note:  Water Sales - $14.1 million = 92% of the annual estimate, compared to $11 million at this point in FY 2009. This $3.1 million difference results from water rate increases that are fully in place this year whereas they were not implemented in FY 2009 until May 1, 2009. 425 of 513  At this point in time last year in FY 2009, $4.0 million of fund balance appropriation was recognized as a funding source. However, this year in FY 2010, we are recognizing a return to fund balance of $2.4 million. The May 1, 2009 water and sewer rate increases should provide for adequate bond debt service coverage that was in jeopardy prior to the increases. Expenditures – Utility Fund expenditures to date are $26.2 million or 81% of the annual appropriation compared to the 71% for FY 2009. Similar to the General Fund, it should be stated that the City’s Annual Required Contribution to the City’s pension fund totals $1.4 million for the Utility Fund and was recorded in the month of June and is reflected year to date expenditures for FY 2010 whereas no accrual was made at this point in FY 2009.. A: Request further clarification at the City Commission meeting. LTERNATIVES 426 of 513 10. B CITY MANAGER’S REPORT August 17, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 17, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Accept the following Report on the Neighborhood EQUESTED CTION BY ITY OMMISSION Stabilization Program ER: The status of the Neighborhood Stabilization Program follows: XPLANATION OF EQUEST  $3,181,100 – Value of offers made on 34 properties  $1,738,400 – Value of offers accepted on 19 properties (9 in District II, 10 in District IV) representing 79% of the $2.2 million NSP funds available The specifications for rehabilitation of eleven (11) of the properties have been completed, and staff is currently determining the scope of work for the remaining eight (8) properties. H? The purchase and rehabilitation of these OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES properties will be providing affordable housing for income eligible families. FI: As noted above, 79% of available NSP funds are currently encumbered. Of ISCAL MPACT the 19 properties where offers with a value of $1,738,400 have been accepted, the following is a projection of the commitment of NSP funds.  $ 952,427 – Total purchase price, closing costs and rehab estimate on seven (7) properties purchased and closed with 2 more anticipating a closing as of the date of this August 17 meeting.  $1,074,100 – Acceptance amount of remaining 12 properties to purchase.  $ 234,453 – Approximate balance of NSP funds for closing costs and rehab or to reduce the properties purchased in order increase the rehab funding. $2,266,980 A: Not to accept the report. LTERNATIVES 427 of 513 428 of 513 11. A FUTURE AGENDA ITEMS August 17, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 17, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Update on Alternative Use of Vacant Landfill Property East EQUESTED CTION BY ITY OMMISSION of the Boynton Beach Links, Municipal Golf Course (September 7, 2010) ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 429 of 513 11. B FUTURE AGENDA ITEMS August 17, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 3, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Police Complex -- Discussion of project timing, scope, EQUESTED CTION BY ITY OMMISSION location and funding alternatives available (TBA) ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 430 of 513 11. C FUTURE AGENDA ITEMS August 17, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 3, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: 1st Budget Public Hearing & Adoption of Proposed FY EQUESTED CTION BY ITY OMMISSION 2010-2011 Annual Operating & CIP Budget – NOTE: This will be a Special Meeting held on 9/13/10 at 6:30 pm – Commission Chambers ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 431 of 513 11. D FUTURE AGENDA ITEMS August 17, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 3, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Public Hearing & Adoption of Final FY 2010-2011 Annual EQUESTED CTION BY ITY OMMISSION Fire Assessment Resolution - NOTE: This will be a Special Meeting held on 9/13/10 at 6:30 pm – Commission Chambers ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 432 of 513 11. E FUTURE AGENDA ITEMS August 17, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 3, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: 2nd Budget Public Hearing & FINAL Adoption of FY 2010- EQUESTED CTION BY ITY OMMISSION 2011 Annual Operating & CIP Budget - NOTE: This will be a Special Meeting held on 9/27/10 at 6:30 pm – Commission Chambers ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 433 of 513 11. F FUTURE AGENDA ITEMS August 17, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 3, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Construction Management At Risk Process (September 7, EQUESTED CTION BY ITY OMMISSION 2010) ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 434 of 513 11. G FUTURE AGENDA ITEMS August 17, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 17, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Live Entertainment Ordinance - First Reading - TABLED EQUESTED CTION BY ITY OMMISSION ON July 20, 2010 and August 3, 2010 - (TBD) ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 435 of 513 11. H FUTURE AGENDA ITEMS August 17, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 17, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Noise Control Ordinance - First Reading - TABLED ON EQUESTED CTION BY ITY OMMISSION July 20, 2010 and August 3, 2010 - (TBD) ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 436 of 513 13. A LEGAL August 17, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 17, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Consideration of Interlocal Agreement with Palm Beach EQUESTED CTION BY ITY OMMISSION County to subject the City of Boynton Beach, its agencies and advisory boards to jurisdiction of the Palm Beach County Commission on Ethics. ER: In January, 2010, the Palm Beach County Board of County XPLANATION OF EQUEST Commissioners enacted County Ordinance 2009-050 which established the Palm Beach County Commission on Ethics. The Commission on Ethics was empowered to provide services to municipalities so long as the municipality entered into a memorandum of understanding or Interlocal Agreement for such services. Following a presentation by Alan S. Johnson, Executive Director of the Commission on Ethics, the attached draft Interlocal Agreement was provided for City Commission review. Preliminary approval by the City Commission is requested to begin the process of negotiating full terms of an Interlocal Agreement with the County. Attached are the following documents which provide more detail regarding the powers of the Palm Beach County Commission on Ethics: A) Ordinance 2009-050 B) Palm Beach County Commission on Ethics Rules of Procedure C) Palm Beach County Commission on Ethics By-Laws A final negotiated Interlocal Agreement will be returned to the City Commission for formal approval. H? Adoption of an Interlocal Agreement will OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES grant the Palm Beach County Commission on Ethics the authority to investigate and reach findings regarding alleged ethical violations. The ethics regulations would affect the City Commission, city staff and all advisory boards including the CRA. 437 of 513 FI: The County’s enacting Ordinance provides that an Agreement with the County ISCAL MPACT shall include a provision for fees to be paid to the Commission on Ethics from the public entity in exchange for such a benefits at a rate established by the Commission on Ethics. The draft Interlocal Agreement is silent on fees but it is assumed that will be the subject of negotiation if the City Commission provides authority to proceed. A: Take no action and allow allegations of ethical breach to be handled by the LTERNATIVES Florida Commission on Ethics as is the current practice. 438 of 513 439 of 513 440 of 513 441 of 513 442 of 513 443 of 513 444 of 513 445 of 513 446 of 513 447 of 513 448 of 513 449 of 513 450 of 513 451 of 513 452 of 513 453 of 513 454 of 513 455 of 513 456 of 513 457 of 513 458 of 513 459 of 513 460 of 513 461 of 513 462 of 513 463 of 513 464 of 513 465 of 513 466 of 513 467 of 513 468 of 513 469 of 513 470 of 513 471 of 513 472 of 513 473 of 513 474 of 513 475 of 513 476 of 513 477 of 513 478 of 513 479 of 513 480 of 513 481 of 513 482 of 513 483 of 513 484 of 513 485 of 513 486 of 513 487 of 513 488 of 513 489 of 513 490 of 513 491 of 513 492 of 513 493 of 513 494 of 513 495 of 513 496 of 513 13. B LEGAL August 17, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 17, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Discuss and take action regarding Commission (a) EQUESTED CTION BY ITY OMMISSION approval of the CRA budget and (b) inclusion of CRA budget in City Budget. ER: Purpose is to discuss and decide the role of the City Commission XPLANATION OF EQUEST regarding the Community Redevelopment Agency’s Budget. (See the “Alternatives” at the very end of this Agenda Item Cover Sheet.) The Boynton Beach Community Redevelopment Agency is a Florida Dependent Special District and as such, there are statutory regulations which apply to the preparation and adoption of the CRA operating budget. 1 Special District Definitions Special Districts Special Districts are very similar to counties and municipalities. However, special districts are a local unit of special-purpose, as opposed to general-purpose, government within a limited boundary. Florida's laws generally treat them alike. A Special District . . . Is a unit of local special-purpose government (governing board has policy-making powers). 1. Operates within limited boundaries. 2. 1 The information in this memorandum is taken in part from The Florida Department of Community Affairs, Special District Information Program Handbook. The Department maintains and updates the Florida Special District Handbook Online to help special districts, municipalities, and counties comply with the Uniform Special District Accountability Act of 1989 - Chapter 189, Florida Statutes - Special Districts: General Provisions. 497 of 513 Is created by general law, special act, local ordinance, or by rule of the Governor and Cabinet. 3. Dependent Special Districts Dependent special districts have at least one of the following characteristics: Its governing body members are identical to the governing body members of a single county or a 1. single municipality. (Current Boynton Beach CRA) Its governing body members are appointed by the governing body of a single county or a single 2. municipality. (Future Boynton Beach CRA) During unexpired terms, its governing body members are subject to removal at will by the 3. governing body of a single county or a single municipality. Its budget requires approval through an affirmative vote by the governing body of a single 4. county or a single municipality. (Commission discussion and action requested regarding the 2010-11 Budget) Its budget can be vetoed by the governing body of a single county or a single municipality. 5. General Budget Requirements for All Special Districts All special districts must adopt a budget by resolution each fiscal year. 1. The total amount available from taxation and other sources, including amounts carried over from 2. prior fiscal years, must equal the total of appropriations for expenditures and reserves. The adopted budget must regulate expenditures of the special district. 3. It is unlawful to expend or contract for expenditures in any fiscal year except in pursuance of 4. budgeted appropriations. A local governing authority (City Commission) may review the budget or tax levy of any special 5. district located solely within its boundaries. (Commission discussion and action requested regarding the 2010-11 Budget) The governing body of each special district at any time within a fiscal year or within up to 60 6. days following the end of the fiscal year may amend a budget for that year by resolution. 498 of 513 Specific Budget Requirements for Dependent Special Districts The proposed budget must be . . . Presented in accordance with generally accepted accounting principles. 1. Contained within the general budget of the local governing authority unless the local governing 2. authority consents to a separate budget. (Commission discussion and action requested regarding the 2010-11 Budget) Clearly stated as the budget of the dependent special district. 3. More specifically, Florida Statutes 189.418 provides in part: (4) The proposed budget of a dependent special district shall be presented in accordance with 4. generally accepted accounting principles, contained within the general budget of the local governing authority, and be clearly stated as the budget of the dependent district. However, with the concurrence of the local governing authority, a dependent district may be budgeted separately. (Currently budgeted separately. Commission discussion and concurrence requested regarding the 2010-11 Budget) (5) The governing body of each special district at any time within a fiscal year or within up to 60 days following the end of the fiscal year may amend a budget for that year. The budget amendment must be adopted by resolution. (6) A local governing authority may, in its discretion, review the budget or tax levy of any 5. special district located solely within its boundaries. (Commission discussion and action requested regarding the 2010-Budget) H? None OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: The CRA Budget Calendar and coordinated effort and format may have a staff and ISCAL MPACT fiscal impact. A: Discussion and action is requested with two items: LTERNATIVES (1)Should the City Commission approve and adopt the CRA budget approved by the independent CRA Board? (2)Should the Proposed and Adopted CRA budget be included within the Proposed and Adopted City budget or submitted separately as currently the practice? . 499 of 513 14. A UNFINISHED BUSINESS August 17, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 17, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Discussion of the interview process for Community EQUESTED CTION BY ITY OMMISSION Redevelopment Agency (CRA) Board candidates to be held on Tuesday, August 24, 2010. ER: Per City Commission discussion at the August 3, 2010 City XPLANATION OF EQUEST Commission meeting, a process for interviewing candidates for the CRA Board needs to be determined. It is suggested that approximately 10-15 minutes be allocated for each of the candidates to allow them to provide an overview of their experience, interest and outlook on redevelopment in the CRA and community. The Commission may also wish to develop specific questions that should be asked of all candidates. In addition, it is recommended that the other candidates being considered for the appointment be asked to voluntarily absent themselves from sitting in on the interviews of other candidates. All candidates may attend the recap session following the conclusion of the interviews. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: N/A LTERNATIVES 500 of 513 501 of 513 502 of 513 503 of 513 504 of 513 505 of 513 506 of 513 507 of 513 508 of 513 14. B UNFINISHED BUSINESS August 17, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 17, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Review of City policy position on WXEL sale. EQUESTED CTION BY ITY OMMISSION ER: At their meeting of August 3, 2010 the City Commission heard a XPLANATION OF EQUEST presentation from Douglas Evans, President of Classical South Florida. A copy of the public statement from Classical South Florida from their web page is attached to this agenda item. There has been a request that this item be reviewed further by the City Commission, specifically the provision for local programming services at WXEL, if taken over by Classical South Florida. Does the City Commission wish to further amend the letter to the Florida Department of Education? H? City programs or services would not be OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES affected; however, WXEL employs approximately thirty (30) people. The loss of any of these jobs as the result of a sale or modification of operations would have a profound and negative effect on the City. FI: NA ISCAL MPACT A: No further discussion or action by the City on the sale of the station. LTERNATIVES 509 of 513 510 of 513 511 of 513 512 of 513 513 of 513