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Agenda 05-07-13 Searchable The City of The City of Boynton Beach Boynton Beach 100 E. Boynton Beach Boulevard ● (561) 742-6000 TUESDAY, MAY 7, 2013 6:30 PM FINAL AGENDA City Commission AGENDA Jerry Taylor Mayor – At Large Woodrow L. Hay Vice Mayor – District II David T. Merker Commissioner – District I Michael M. Fitzpatrick Commissioner – District III Joe Casello Commissioner – District IV Lori LaVerriere City Manager James Cherof City Attorney Janet M. Prainito City Clerk Visit our Web site www.boynton–beach.org Breeze into Boynton Beach – America’s Gateway to the Gulfstream 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 430 1. OPENINGS A. Call to order - Mayor Jerry Taylor B. Invocation by Rabbi Michael Simon of Temple Beth Kodesh C. Pledge of Allegiance to the Flag led by Mayor Taylor D. Brand Promise Statement E. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. OTHER A. Informational Items by Members of the City Commission 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Present a plaque to representatives of Hunters Run expressing the City's appreciation for their support of the Barrier Free 5k Run that was held this past February. B. Presentation of the annual “Bob Borovy Student Citizen of the Year” Award by a member of the Education and Youth Advisory Board C. Presentation of the annual Youth Volunteer Bank awards by members of the Education & Youth Advisory Board. D. Proclaim the month of May as Better Hearing Month. Accepting the proclamation will be Dr. Valerie Rossetti E. Proclaim May 5 - 11, 2013 as Municipal Clerks Week. Accepting the proclamation is Janet Prainito, City Clerk. F. Proclaim the month of May as "National Preservation Month". G. Proclaim the month of May as Building Safety Month. H. Proclaim the week of May 19 - 25, 2013 as Water Reuse Week. I. Tribute to the realtors of Keller William Realty in the City of Boynton Beach and across the country; celebrating their volunteerism and participation in RED DAY on May 9, 2013. Accepting the tribute is Jackie Ellis, operating principle for the Keller Williams Boynton Beach office. 3 of 430 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following openings exist: Arts Commission: 2 alternates Building Board of Adjustment and Appeals: 3 regulars and 2 alternates Cemetery Board: 1 regular Code Compliance Board: 1 regular and 2 alternates Community Relations Board: 1 alternate Education & Youth Advisory Board: 1 alternate Financial Advisory Committee: 1 regular and 2 alternates Historic Resource Preservation Board: 3 regulars and 2 alternates Library Board: 1 alternate Recreation and Parks Board: 1 regular and 2 alternates Senior Advisory Board: 3 regulars and 1 alternate Special Events Ad Hoc Committee: 1 regular and 1 alternate 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. Accept the FY 2012 -13 Budget Status Report of the General Fund & Utility Fund for the six (6) month period ended March 31, 2013. B. Approve a Commercial Interior Build-Out Grant to Mathnasium of Boynton Beach, Inc. C. Approve a Commercial Rent Reimbursement Grant to Mathnasium of Boynton Beach, Inc. PROPOSED RESOLUTION NO. R13-039 D. - Approve a contract with Resource Action Programs for the delivery of their WaterWise Conservation Program for FY 2013-14 for all 5th grade students at schools within the City for the sum of $44,000. E. Approve amendment to the City of Boynton Beach Pay Plan to add three classification specifications to facilitate the administrative re-organization of the City Clerk's Office 4 of 430 F. Award the Bid with the Palm Beach County Cooperative Purchasing Council for Chemicals and Fertilizers to multiple vendors as listed below, as the lowest, most responsive and responsible bidders meeting all specifications. Items will be ordered on an "AS NEEDED BASIS". The City's anticipated annual expenditure is $99,909. G. Approve the minutes from the Special City Commission meeting on April 9, 2013 and the Regular City Commission meeting held on April 16, 2013 PROPOSED RESOLUTION NO. R13-040 H. - Ratify the actions of the South Central Regional Wastewater Treatment and Disposal Board at their April 18, 2013 meeting and give authorization to maintain the reclaim user rate for Hunters Run Country Club of Florida, Quail Ridge, Delray Dunes and Pine Tree for Fiscal year 2012/2013 at $.2000/1,000 gallons. I. Accept the resignation of Bernice Begleiter, a regular member of the Library Board J. Accept the resignation of William W. Combes, a regular member of the Arts Commission 7. BIDS AND PURCHASES OVER $100,000 None 8. CODE COMPLIANCE & LEGAL SETTLEMENTS A. Approve or modify the Code Compliance Board's Lien Reduction Modification Order (Exhibit "A") in Case #12-15 filed 1/14/13 to reduce the fines in this case to $3,130.15. B. Consider Business Tax Receipt protest 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. PROPOSED ORDINANCE NO. 13-009 - FIRST READING A. - Amend the Land Development Regulations (LDR) to 1) create provisions in the supplemental (zoning ) regulations for electric vehicles (EV) infrastructure; 2) create new definitions pertaining to EV infrastructure and amend the definition of minor automobile repair to include battery exchanges for electric vehicles; and 3) create provisions for signs commonly associated with EV infrastructure. 5 of 430 10. CITY MANAGER’S REPORT A. Review compressed work-week schedule at City Hall. B. Discuss the feasibility of constructing a dog park. 11. UNFINISHED BUSINESS A. Receive update on feather banners and direct staff as in response to pending expiration of temporary provisions for such temporary signs. B. Receive a report reviewing the background, updating the current status and requesting consideration of a No-Build Easement for the Old High School project. 12. NEW BUSINESS A. Approve staff recommendation to proceed with preparation of conceptual plans, and identification of construction funding, for a new Police Facility on city land at High Ridge Road and Gateway Boulevard. B. Approve temporary suspension of Special Event Permit requirements for the Food Truck Connection event through June 12, 2013 13. LEGAL PROPOSED ORDINANCE NO. 13-007 - SECOND READING - PUBLIC A. HEARING - Approve abandonment of a three (3) foot-wide Utility Easement (ABAN 13-002) running in an east-west direction for a distance of approximately 918 feet, located on the original Killian’s Park plat and currently being developed as Seabourn Cove – Phase II, zoned PUD (Planned Unit Development). Applicant: Bradley D. Miller, Miller Land Planning, Inc. PROPOSED ORDINANCE NO. 13-010 – FIRST READING B. - Adopt the update to the Boynton Beach Administrative Amendments to the 2010 Florida Building Code PROPOSED ORDINANCE NO. 13-011 - FIRST READING C. - Approve amending Chapter 2, Article VI of the City of Boynton Beach Code of Ordinances entitled "Impact and Selected Fees" to clarify the use of Park Impact Fee proceeds. D. Approve payment plan of utility fee arrearage. 6 of 430 14. FUTURE AGENDA ITEMS A. Hear quarterly report for the 1st Qtr 2013 update on Climate Action Plan Implementation - May 21, 2013 B. Presentation of Legislative Update by State Representative Lori Berman District 86 - May 21, 2013 C. Cost/Benefit comparison for televised City Commission meetings - 05/21/13 D. Update on Utilities CAP Fees - June 4, 2013 E. Special City Commission Budget Meetings, Monday, July 22, 2013 @ 3:00 p.m., Tuesday, July 23, 2013 @ 10:00 a.m. and Wednesday, July 24, 2013 @ 3:00 p.m. in the Library Program Room at the City Library 15. BRAND PROMISE STATEMENT "BREEZE INTO BOYNTON BEACH - AMERICA'S GATEWAY TO THE GULFSTREAM" 16. 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 430 3. A ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS May 7, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 7, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Present a plaque to representatives of Hunters EQUESTED CTION BY ITY OMMISSION Run expressing the City's appreciation for their support of the Barrier Free 5k Run that was held this past February. ER: This past February 9, the Realtors Association of Palm XPLANATION OF EQUEST Beach County organized a 5k run to benefit Barrier Free Park. Hunters Run not only allowed for a majority of the run to take part within their property, but their staff was also involved in the planning and implementation of the event. Without their support, this event would not have been possible. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: N/A LTERNATIVES 8 of 430 3. B ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS May 7, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 7, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Presentation of the annual “Bob Borovy Student EQUESTED CTION BY ITY OMMISSION Citizen of the Year” Award by a member of the Education and Youth Advisory Board ER: The Bob Borovy Student Citizen of the Year Award was XPLANATION OF EQUEST created in 2000 to recognize a graduating high school senior who best epitomizes the spirit of volunteerism and giving to the community as exemplified by the late Bob Borovy. A United States Veteran and former Advisory Board on Children and Youth member, Mr. Borovy was an active citizen of the Boynton Beach community for many years. The award recipient will receive $1,000 and have his/her name placed on a permanent plaque at City Hall. H? In order to apply, students must be OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES graduating high school seniors who are residents of the City of Boynton Beach, submit three letters of recommendation, complete an essay and provide documentation of their volunteer work. The winner is chosen by a panel of judges, including last year’s award recipient. FI: The award is sponsored by the Education & Youth Advisory Board and ISCAL MPACT is funded through donations. A: LTERNATIVES 9 of 430 3. C ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS May 7, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 7, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Presentation of the annual Youth Volunteer Bank EQUESTED CTION BY ITY OMMISSION awards by members of the Education & Youth Advisory Board. ER: The Youth Volunteer Bank was created in 1997 to promote XPLANATION OF EQUEST youth volunteerism, community involvement and reward youth who participate. The program is a cooperative effort between the Recreation & Parks Department, Education & Youth Advisory Board, local businesses and schools and youth volunteers. H? Since 1998, youth volunteers have OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES recorded over 58,000 volunteer hours and the program has awarded over $22,000 in savings bonds and prizes. FI: The awards are sponsored by the Education & Youth Advisory Board ISCAL MPACT and the program is funded through donations. A: N/A LTERNATIVES 10 of 430 3. D ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS May 7, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 7, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Proclaim the month of May as Better Hearing EQUESTED CTION BY ITY OMMISSION Month. Accepting the proclamation will be Dr. Valerie Rossetti ER: Since 1927, audiologist and speech-language pathologists – XPLANATION OF EQUEST the professionals who specialize in the identification and treatment of communication disorders – have made a special effort during the month of May to inform and educate people about hearing and speech disorders. Hearing Partners of South Florida, Inc. encourages all citizens to recognize the achievements of Audiologists in improving the quality of life for people with communications disorders. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: N/A LTERNATIVES 11 of 430 P R O C L A M A T I O N WHEREAS, audiologists in Boynton Beach, Florida, and nationwide observe and celebrate Better Hearing Month each year during the month of May; and WHEREAS, the city of Boynton Beach recognizes and values the efforts of all who work to eliminate or minimize the isolating effects of communication disorders in the one in five families affected by them; and WHEREAS, more than half of the people with hearing loss are younger than age 65; and hearing loss is the third most common health problem in the United States; and WHEREAS, our citizens who have overcome communication disabilities through the services of Audiologists are now able to lead independent, productive, and fulfilling lives; and WHEREAS, the city of Boynton Beach is proud and honored to have audiologists offering quality education and health care services to its citizens. NOW, THEREFORE, I, Jerry Taylor, Mayor of the city of Boynton Beach, do hereby proclaim May 2013 as: “Better Hearing Month” and encourage all citizens to recognize the achievements of Audiologists in improving the quality of life for people with communication disorders. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of th Boynton Beach to be affixed on the 7 day of May, 2013. _____________________________ Jerry Taylor, Mayor ATTEST: ______________________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 12 of 430 3. E ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS May 7, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 16, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Proclaim May 5 - 11, 2013 as Municipal Clerks EQUESTED CTION BY ITY OMMISSION Week. Accepting the proclamation is Janet Prainito, City Clerk. ER: The Office of the Municipal Clerk provides the professional link XPLANATION OF EQUEST between the citizens, the local governing bodies and agencies of government at other levels, and serves as the information center on functions of local government and community. This proclamation is in appreciation for the vital services they perform and their exemplary dedication to the communities they represent. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: N/A LTERNATIVES 13 of 430 PROCLAMATION WHEREAS, the Office of the Municipal Clerk, a time-honored and vital part of local government exists throughout the world, is the oldest among public servants and provides the professional link between the citizens, the local governing bodies and agencies of government at other levels; and WHEREAS , Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all while serving as the information center on functions of local government and community. WHEREAS , Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Municipal Clerk through participation in education programs, seminars, workshops and the annual meetings of the state, county and international professional organizations, it is most appropriate that we recognize the accomplishments of the Office of the Municipal Clerk. NOW, THEREFORE, I , Jerry Taylor, Mayor of the City of Boynton Beach, do recognize the week of May 5 through May 11, 2013 as Municipal Clerks Week and further extend appreciation to our Municipal Clerk, Janet Prainito, and to all Municipal Clerks, for the vital services they perform and their exemplary dedication to the communities they represented. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of th Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, this 7day of May, Two Thousand and Thirteen. ______________________________ Jerry Taylor, Mayor ATTEST: _______________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 14 of 430 3. F ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS May 7, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 7, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Proclaim the month of May as "National EQUESTED CTION BY ITY OMMISSION Preservation Month". ER: Since the National Trust for Historic Preservation created XPLANATION OF EQUEST Preservation Week in 1971 to spotlight grassroots preservation efforts in America, it has grown into an annual celebration observed by small towns and big cities with events ranging from architectural and historic tours and award ceremonies, to fundraising events, educational programs and heritage travel opportunities. Due to its overwhelming popularity, in 2005, the National Trust for Historic Preservation extended the celebration to the entire month of May and declared it Preservation Month to provide an even longer opportunity to celebrate the diverse and unique heritage of our country’s cities and states and increase involvement in the growing preservation movement. The attached proclamation is a demonstration of the City’s commitment to recognize, understand, and preserve its past. H? Raise public awareness of the OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES City’s Historic Preservation Program. FI: None. ISCAL MPACT A: Do not proclaim May as National Preservation Month. LTERNATIVES 15 of 430 P R O C L A M A T I O N WHEREAS, historic preservation is an effective tool for managing growth and sustainable development, revitalizing neighborhoods, fostering local pride and maintaining community character while enhancing livability; and WHEREAS, historic preservation is relevant for communities across the nation, both urban and rural, and for Americans of all ages, all walks of life and all ethnic backgrounds; and WHEREAS, it is important to celebrate the role of history in our lives and the contributions made by dedicated individuals in helping to preserve the tangible aspects of the heritage that has shaped us as a people; and WHEREAS, "See! Save! Celebrate!" is the theme for National Preservation Month 2013, cosponsored by the City of Boynton Beach and the National Trust for Historic Preservation. NOW, THEREFORE, I, Jerry Taylor, Mayor of the City of Boynton Beach, do proclaim May 2013 as National Preservation Month and call upon the people of Boynton Beach to join their fellow citizens across the United States in recognizing and participating in this special observance. th IN WITNESS WHEREOF, I have hereunto set my hand this 7 day of May, in the year two thousand thirteen. ____________________________________ Jerry Taylor, Mayor ATTEST: _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 16 of 430 3. G ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS May 7, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM th CMD: May 7, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Proclaim the month of May as Building Safety EQUESTED CTION BY ITY OMMISSION Month. ER: The Development Department Requests that the City XPLANATION OF EQUEST Commission declare the month of May as Building Safety Month in order to help promote citizen awareness of building safety, energy efficiency, water conservation and sustainability. H? Raise citizen awareness of OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES building safety, energy efficiency, water conservation and sustainability. FI: N/A ISCAL MPACT A: N/A LTERNATIVES 17 of 430 PROCLAMATION Whereas, through our continuing attention to build safe structures for everyday life and times of disaster, we enjoy the comfort and peace of mind that our facilities are safe and sound; and Whereas, building safety and fire prevention officials, architects, engineers, builders, and others in the construction industry work diligently to guide the safe construction of building develop and enforce codes to safeguard Americans in the buildings where we live, work, play and learn; and Whereas, the Florida Building Codes adopted and used by the State of Florida include safeguards to protect the public from natural disasters that can occur such as hurricanes, tornadoes, wildfires, and flooding; and Whereas, Building Safety Month represents an excellent opportunity to increase public awareness of the role building safety and fire prevention officials, local and state building departments, and federal agencies play in protecting lives and property; and Whereas, countless lives have been saved because of the building safety codes adopted and enforced by local and state agencies; and Now, therefore, I Jerry Taylor Mayor of the City of Boynton Beach, do hereby proclaim the month of May 2013, as Building Safety Month th IN WITNESS WHEREOF, I have hereunto set my hand this 7 day of May, in the year two thousand thirteen. _____________________________ Jerry Taylor, Mayor ATTEST: ______________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 18 of 430 3. H ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS May 7, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 7, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Proclaim the week of May 19 - 25, 2013 as Water EQUESTED CTION BY ITY OMMISSION Reuse Week. ER: City of Boynton Beach has joined with the State of Florida, XPLANATION OF EQUEST the Florida Department of Environmental Protection, and the South Florida Water Management District in encouraging and promoting water reuse and conservation programs H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 19 of 430 PROCLAMATION City of Boynton Beach Florida WATER REFUSE WEEK WHEREAS, safe, clean and sustainable water resources are essential to Florida’s environment, economy, citizens and visitors; and WHEREAS, Florida’s water supplies are finite; our population and our water resources continue to increase; and WHEREAS, Florida leads the nation in reusing 722 million gallons of reclaimed water each day to conserve freshwater supplies and recharge our freshwater resources; and WHEREAS, City of Boynton Beach has joined with the State of Florida, the Florida Department of Environmental Protection, and the South Florida Water Management District in encouraging and promoting water reuse and conservation programs; and WHEREAS, City of Boynton Beach has implemented a water reuse program and encourages efficient and effective use of reclaimed water as a means for conserving and augmenting Florida’s precious water resources; NOW, THEREFORE, be it resolved that by virtue of the authority vested in me as Mayor of the City of Boynton Beach, I do hereby proclaim the week of May 19-25, 2013 as Water Reuse Week. IN WITNESS THEREOFRE, I Jerry Taylor set my hand this ____ day _____, in the year two thousand thirteen. MAYOR 20 of 430 3. I ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS May 7, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 7, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Tribute to the realtors of Keller William Realty in the EQUESTED CTION BY ITY OMMISSION City of Boynton Beach and across the country; celebrating their volunteerism and participation in RED DAY on May 9, 2013. Accepting the tribute is Jackie Ellis, operating principle for the Keller Williams Boynton Beach office. ER: Keller Williams associates will help renovate the Boynton XPLANATION OF EQUEST Beach Soup Kitchen interior and outdoor landscaping and picnic seating areas. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 21 of 430 T R I B U T E Perhaps the first and biggest benefit people get from volunteering is the satisfaction of incorporating service into their lives and making a difference in their community and country. The intangible benefits alone – such as pride, satisfaction and accomplishment – are worthwhile reasons to serve. In addition, when we share our time and talents, we solve problems, strengthen communities, improve lives, connect to others and transform our own lives. On Thursday, May 9, 2013, the Realtors® of Keller Williams Realty across the country will spend the day giving back as part of that company’s community service initiative, RED DAY. Short for “Renew, Energize and Donate,” the company donated over 130,000 volunteer hours in local communities throughout North America last year. In Boynton Beach, Keller Williams associates will help renovate the Boynton Beach Soup Kitchen interior as well as the outdoor landscaping and picnic seating areas. It is fitting and appropriate, therefore, that the City of Boynton Beach officially recognizes with the Tribute Keller Williams Realty, Boynton Beach for helping to improve the quality of life for the citizens in the community. In witness whereof, I have hereunto set my hand and caused the Seal of the City of Boynton th Beach, Florida, to be affixed at the Boynton Beach, Florida, the 9 day of May, Two Thousand and Thirteen. ________________________ Jerry Taylor, Mayor ____________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 22 of 430 5. A ADMINISTRATIVE May 7, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 7, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Appoint eligible members of the community to EQUESTED CTION BY ITY OMMISSION serve in vacant positions on City advisory boards. The following openings exist: Arts Commission: 2 alternates Building Board of Adjustment and Appeals: 3 regulars and 2 alternates Cemetery Board: 1 regular Code Compliance Board: 1 regular and 2 alternates Community Relations Board: 1 alternate Education & Youth Advisory Board: 1 alternate Financial Advisory Committee: 1 regular and 2 alternates Historic Resource Preservation Board: 3 regulars and 2 alternates Library Board: 1 alternate Recreation and Parks Board: 1 regular and 2 alternates Senior Advisory Board: 3 regulars and 1 alternate Special Events Ad Hoc Committee: 1 regular and 1 alternate . ER: The attached list contains the names of those who have XPLANATION OF EQUEST applied for 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 OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES keep our Advisory Boards full and operating as effectively as possible. 23 of 430 FI: None ISCAL MPACT A: Allow vacancies to remain unfilled. LTERNATIVES 24 of 430 25 of 430 26 of 430 27 of 430 28 of 430 29 of 430 30 of 430 31 of 430 6. A CONSENT AGENDA May 7, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 7, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Accept the FY 2012 -13 Budget Status Report of EQUESTED CTION BY ITY OMMISSION the General Fund & Utility Fund for the six (6) month period ended March 31, 2013. Explanation of Request :This report summarizes the estimated funding sources and the adopted expenditure budgets for the City’s General Fund and Utility Fund for the six (6) month period ended March 31, 2013 (50% of the fiscal year). The analysis compares:  Actual results for the current period to the annual budget and  Actual results for the same period of the prior year annual budget. H? The annual budget is what OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES provides and controls the resources for City programs and services. FI: The annual budget and results to date for the General Fund and Utility ISCAL MPACT Fund. 32 of 430 GENERAL FUND FY 2012-13FY 2011-12FY 2013 vs. 2012 Annual Annual Actual to DateActual to Date BudgetActual BudgetBudget Amount%Amount%%% Revenues & Transfers$ 68,822$ 46,39267%$ 65,142$ 42,210 65%6%10% Expenditures$ (68,822)$ (38,868)56%$ (65,142)$ (36,645)56%6%6% Excess (Deficit)$ -$ 7,524$ -$ 5,565 Revenues & Transfers (Exhibit A) – Budgeted Funding Sources: Property taxes and other revenues provide funding sources of $52.2 M or 75% of our total $68.8 M General Fund budget estimate for FY 2012-13. Transfers from other funds (non- revenues) provide $16.6 M or 25% of the total funding sources to balance our $68.8 M General Fund budgeted expenditures. These three major estimated funding sources are summarized as follows: 1. 35% - $ 23.6 M – Property taxes less Tax Increment Financing to the CRA 2. 40% - $ 28.6 M – All other revenues plus General Fund Balance 3._25% - $ 16.6 M – Transfers from other funds 100% - $ 68.8 M – Total funding sources The property tax rate for FY 2012-13 was increased from 7.1941 mills to 7.6000 mills; the net property taxes of $27.0 M in FY 2012-13 represent a 5.6% increase in property tax revenue or an increase of $.7 M from FY 2011-12. To balance the budget in FY 2012-13, it required transfers from other funds of $16.6 M representing 25% of all funding sources. Actual Funding Sources Realized: At the end of the sixth month in FY 2012-13, revenues and transfers realized are approximately $46.4 M of the budget estimate compared to $42.2 M realized to date in FY 2011-12. Ad Valorem Taxes, net of discounts and TIF taxes to the CRA , received to date was $20.5 M as compared to $19.8 M for FY 2011-12, as noted on Exhibit A. Other Revenues: The four major revenue sources other than property taxes: Franchise Fees 1. realized was $2.18 M or 49% actual collected compared to $2.23 M or 50% in FY 2011-12. Business Taxes 2. are due at the beginning of the fiscal year. For FY 2012-13, $1.28 M has been collected which is almost equivalent to the FY 2011-12 amount of $1.29 M. State Shared revenues 3. of $3.32 M have been collected in FY2012-13 as compared to $3.18 M received in FY 2011-12. Public Safety revenues 4. at this point is on track with the budgeted amount; $2.64 M 33 of 430 was received compared to $1.92 M for FY 2011-12. Transfers From Other Funds: Current practice is to transfer 1/12 of the budgeted transfers from other funds each month. This will result in 100% realization of this funding source for the year. Expenditures (Exhibit B) Budgeted Expenditures: Overall, appropriations increased approximately 5.7% from $65.1 M to $68.8 M. The budget increase was due to increased pension and health care costs. Actual Expenditures – General Fund expenditures for the six month period ending March 31 (50% of the fiscal year) are $38.9 M that is 56% of the $68.8 M expenditure appropriation for FY 2012-13. The table at the top of Exhibit B displays actual expenditures of $ 38.9 M or 56% of the FY 2012-13 budget. At this point in the fiscal year, we are ahead of spending levels compared to the $36.6 M actual spending levels in FY 2011-12 for this same period. UTILITY FUND The FY 2012-13 annual expenditure budget of $36.7 M represents a $.7 M decrease from the FY 2011-12 budget of $37.4 M. The operational forecast may yield an estimated $2.2 M fund balance increase for the year based on the budget. For the six month period in FY 2012-13,  Revenues realized are $18.6 M (51%) of the annual budget estimate.  Expenditures incurred are $18.9 M (51%) of the annual appropriated budget. This results in expenditures in excess of revenues of approximately $ 293 K. FY 2012-13FY 2011-12FY 2013 vs. 2012 Annual Annual Actual to DateActual to Date BudgetActual BudgetBudget Amount%Amount%%% Revenues & Transfers$ 36,758$ 18,61451%$ 37,397$ 18,573 50%-2%0% Expenditures$ (36,758)$ (18,907)51%$ (37,397)$ (15,794)42%-2%20% Excess (Deficit)$ -$ (293)$ -$ 2,779 The following provides brief comments on revenues and expenditures to date. Revenues (Exhibit C) - The $18.6 M in FY 2012-13 actual revenues and fund balance increase are on target similarity to the $18.5 M to date in FY 2011-12, because of two factors:  Water Sales - $9.0 M equivalent to 51% of the annual estimate, compared to 34 of 430 $8.8 M (48%) at this point in FY 2011-12.  In FY 2012-13, $ 2.2 M is being recognized as an added increase to fund balance, compared to an added increase of $ 1.7 M in FY 2011-12. These factors should provide for adequate bond debt service coverage. Expenditures (Exhibit D) – Utility Fund FY 2012-13 expenditures to date are $18.9 M or 51% of the annual appropriation compared to expenditures of $15.8 M or 42% for the prior fiscal year. The increase is due to a budgeted transfer to the Utility Renewal/Replacement capital fund that is in the FY 2012-13 budget. A: Discuss this Budget Status Report or request clarification at the City LTERNATIVES Commission meeting. 35 of 430 36 of 430 37 of 430 38 of 430 39 of 430 6. B CONSENT AGENDA May 7, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 7, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve a Commercial Interior Build-Out Grant to EQUESTED CTION BY ITY OMMISSION Mathnasium of Boynton Beach, Inc. ER: Mathnasium of Boynton Beach, Inc. recently located to a XPLANATION OF EQUEST storefront property located at 391 North Congress Ave Suite 12, Boynton Beach, FL. It meets the eligibility requirements and the standards for financial risk assessment under program guidelines. Mathnasium of Boynton Beach, Inc. has an aggressive time schedule and has contracted a builder to improve and renovate the location prior to the grant approval. Staff has been aware and working with the business owner to achieve their critical opening date. Therefore, Staff is requesting an exception to the grant funds reimbursement criteria as shown on page 5 of 9 of the grant application. H? As part of the City’s Economic OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Development Program, incentives have been set aside to bring business into the City through this grant program. Mathnasium of Boynton Beach, Inc. will bring 3 full-time and 2 to 5 part-time jobs into the City over the next three years. The full-time positions will be ranging between 47 to 94% of the Palm Beach County median income. If approved, the applicant is eligible to a maximum of $5,000.00 per full-time job created with a maximum grant award of $15,000.00 per business. Mathnasium of Boynton Beach, Inc. will provide mathematics tutoring programs for school age children, from grades 2-12 in the City of Boynton Beach. FI: Payment of $15,000 will be made from the Commercial Interior Build- ISCAL MPACT Out Program 122-2418-554.49-68. 40 of 430 A: Approve lesser funding or deny award. LTERNATIVES 41 of 430 42 of 430 43 of 430 44 of 430 45 of 430 46 of 430 47 of 430 48 of 430 49 of 430 50 of 430 51 of 430 52 of 430 53 of 430 54 of 430 55 of 430 56 of 430 6. C CONSENT AGENDA May 7, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 7, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve a Commercial Rent Reimbursement EQUESTED CTION BY ITY OMMISSION Grant to Mathnasium of Boynton Beach, Inc. ER: Mathnasium of Boynton Beach, Inc. recently located to a XPLANATION OF EQUEST storefront property located at 391 North Congress Ave Suite 12, Boynton Beach, FL. It meets the eligibility requirements and the standards for financial risk assessment under program guidelines. Mathnasium of Boynton Beach, Inc. has an aggressive time schedule and has contracted a builder to improve the location prior to the grant approval. Due to the fact that this location is under renovation, a business tax receipt application was submitted and received on 02/25/2013 but has not been issued. Mathnasium of Boynton Beach, Inc. has entered into a multi-year lease on 01/25/2013. if approved, the applicant is eligible to a maximum of $1,000.00 per month for a 12 month period. The maximum total reimbursement per business is $12,000.00. This is a reimbursement grant, requiring additional submissions for payment release, and staff will require any remaining application documents prior to a request of reimbursement. H? As part of the City’s Economic OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Development Program, incentives have been set aside to bring business into the City through this grant program. Mathnasium of Boynton Beach, Inc. will bring 3 full-time and 2 to 5 part-time jobs into the City over the next three years. The full-time positions will be ranging between 47 to 94% of the Palm Beach County median income. 57 of 430 Mathnasium of Boynton Beach, Inc. will provide mathematics tutoring programs for school age children, from grades 2-12 in the City of Boynton Beach. FI: $12,000 from Incentive Fund 122-2418-554.49-68 ISCAL MPACT A: Approve lesser funding or deny award. LTERNATIVES 58 of 430 59 of 430 60 of 430 61 of 430 62 of 430 63 of 430 64 of 430 65 of 430 66 of 430 67 of 430 68 of 430 69 of 430 70 of 430 71 of 430 6. D CONSENT AGENDA May 7, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 7, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R13-039 - EQUESTED CTION BY ITY OMMISSION Approve a contract with Resource Action Programs for the delivery of their WaterWise Conservation Program for FY 2013-14 for all 5th grade students at schools within the City for the sum of $44,000. ER: The WaterWise program is an essential element of our XPLANATION OF EQUEST water conservation plan required by the South Florida Water Management District (SFWMD) as part of our Consumptive Use Permit (CUP), the permit that dictates our water allocations. The program educates future rate payers (5th grade students) and current rate payers (their teachers and parents) on the importance of water conservation. The program employs classroom activities and the installation of home water saving devices, to illustrate how small changes in water use can make a huge difference. Water usage is measured before and after the installation of water conserving shower heads and faucets aerators, giving the participant an accurate estimate of water and energy savings. The program, implemented in 2012, saved an estimated 6.6 million gallons per year or about one half days production. The estimated savings per household was 5,554 gallons and 542 kW of electricity saved due to a reduction in hot water usage. This years implementation will coincide with the opening of the new Galaxy Elementary School, a platinum LEED certified building, dedicated to energy self-sufficiency and environmental responsibility. H? The program will educate OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES approximately 1,100 students and their teachers on lifelong water conservation habits. Typically the program is implemented during the height of our dry season which emphasizes its importance. Based upon the information gathered from the students 72 of 430 during the program, estimates were made of the potential environmental impact. This included not only the water savings but also the impact on gas and electricity usage as well as reductions in wastewater generation. Apart from the water consumption reduction estimated at 6.6 million gallons there is also an equivalent reduction in wastewater treatment costs (saving together ~$15,000 at current prices); in addition over 645,714 KWh of energy used to heat hot water will be saved (at ~10c/KWh this equates to a saving of over $64,000 to our customers). FI: The $44,000 for this project will be funded from the Conservation Fund, ISCAL MPACT 401-2821-536-95-43. A: Do not promote water conservation through this program. LTERNATIVES 73 of 430 RESOLUTION NO. R13- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING A CONTRACT WITH RESOURCE ACTION PROGRAMS IN THE AMOUNT OF $44,000.00 FOR THE DELIVERY OF THEIR WATERWISE CONSERVATION TH PROGRAM TO ALL 5 GRADE STUDENTS AT SCHOOLS WITHIN THE CITY OF BOYNTON BEACH; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT AND PROVIDING AN EFFECTIVE DATE. th WHEREAS, the WaterWise program educates all 5 grade students in the City’s service area on the importance of water conservation and emphasizes the positive impact of small changes in water use habits; and WHEREAS, upon recommendation of staff, the City Commission has determined that it is in the best interests of the residents of the City to enter into a Contract with Resource Action Programs in the amount of $44,000.00 for the delivery of their WaterWise Conservation th Program for all 5 grade students at schools within the City of Boynton Beach during fiscal year 2013-2014. 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 hereby approves a Contract with Resource Action Programs in the amount of $44,000.00 for the delivery of their WaterWise Conservation th Program to all 5 grade students at schools within the City of Boynton Beach. Section 3. Authorizing the City Manager to execute a contract with Resource Action Programs, a copy of which is attached hereto as “Exhibit A.” Section 4. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of ____________, 2013. 74 of 430 CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor ______________________________ Vice Mayor – Woodrow L. Hay ______________________________ Commissioner – David T. Merker _______________________________ Commissioner – Michael M. Fitzpatrick _______________________________ Commissioner – Joe Casello ATTEST: _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 75 of 430 76 of 430 77 of 430 78 of 430 79 of 430 6. E CONSENT AGENDA May 7, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 7, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve amendment to the City of Boynton Beach EQUESTED CTION BY ITY OMMISSION Pay Plan to add three classification specifications to facilitate the administrative re-organization of the City Clerk's Office ER: Due to the loss of two part-time employees and an uneven XPLANATION OF EQUEST distribution of work load and responsibilities it has become necessary to reorganize the work flow in the City Clerk’s office. The result of the proposed changes being implemented would include the following: 1) Improve customer relations so every employee can do any function 2) Fully utilize staff time and improve production 3) Maximize efficiencies gained by reducing paper copies and relying on LaserFiche to store records more orderly for faster retrieval. 4) Share the cemetery responsibilities with all staff to assist those in need and stream line the process. 5) Share the posting of mail and delivery of mail 6) All personnel will process Public Records Request and will be responsible for follow up to assure completion of the requests. H? Other departments may be OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES required to come to the City Clerk’s office to pick up their incoming mail and bring outgoing mail for posting. 80 of 430 Establish an annual contribution from the Cemetery Fund to the General Fund to cover the administrative costs of the Cemetery, rather than paying half of a part-time salary as has been done in the past. FI: Salary line item savings for the FY12/13 Budget due to the reduction of ISCAL MPACT two part-time employees would be $14,979. The Proposed increase in salaries for the FY 12/13 budget would be $3,935. The total savings for FY 12/13 would be $11,044. The Salary line item for FY 13/14 would increase by $8,400 due to the higher grade levels. However, the proposed transfer of $15,000 from the Cemetery Fund to the General Fund would more than offset the Salary increases. A: Not approve the changes and continue with the status quo. LTERNATIVES Approve the proposed job classifications and modify the pay plan. 81 of 430 Class Code Proposed Grade: 14 FLSA: N CITY OF BOYNTON BEACH, FLORIDA CLASSIFICATION SPECIFICATION CLASSIFICATION TITLE: SPECIALIZED ASSISTANT – CITY CLERK’S OFFICE (DRAFT) PURPOSE OF CLASSIFICATION The purpose of this classification is to perform specialized, moderately complex clerical work in support of the areas of responsibility of the City Clerk. Position coordinates response to records requests, updates records, scans, files and/or forwards official City documents, prepares/inputs City Commission Agenda items, assists the public with City business, maintains tracking logs and schedules, and performs various other office administrative duties in support of the City Clerk’s office. ESSENTIAL FUNCTIONS The following duties and functions, as outlined herein, are intended to be representative of the type of tasks performed within this classification. They are not listed in any order of importance. The omission of specific statements of the duties or functions does not exclude them from the classification if the work is similar, related, or a logical assignment for this classification. Other duties may be required and assigned. Scans, files and maintains all official documents approved by the City Commission including City Ordinances, Resolutions and any associated agreements. Maintains tracking log of agreements for signature and creates transmittal letters for each signature. Forwards various documents to the Palm Beach County Clerk for recording, such as liens, abandonments, and annexations. Receives and reconciles Palm Beach County Recording Statements. Performs and coordinates lien searches through a third-party provider; processes related billing. Coordinates the renting of City Chambers; ensures completion of forms, collection of fees, and availability of entry keys. 82 of 430 Prepares legal advertisement for processing and timely transmittal to newspapers. Updates planning and zoning folders including Affidavits of Mailing and legal advertisement. Prepares and processes departmental 121 Forms. Updates the general Information Brochure. Maintains schedule of Commission Office for use by the City Commissioners. Tracks Ethics Training certificates for Elected Officials and Board Members. Processes public records requests, including receipt, logging, distribution of public records requests to appropriate department(s) for completion, and follow up as necessary to expedite completion of requested information from department(s); returns requested public records information to originator. Intakes solicitation permit applications and forwards to the City’s Police Department for approval; prepares approved solicitation permits. Verifies residency and coordinates signature for Alive and Well Statements. Files Recording of Easements and Abandonments with the appropriate government office or with private entities as required. Assists in the sale of cemetery lots and mausoleum space; processes burial applications; interacts directly with the public, cemetery sexton, and funeral directors; and maintains cemetery records. Makes modifications to the City Clerk’s web page to update and keep current. Sorts and delivers incoming mail for the City; posts outgoing mail; ensures adequate postage is maintained and requisitions to purchase additional postage when needed. Prepares Certification of City of Boynton Beach documents when needed. Greets and provides assistance to customers at the City Clerk counter. Prepares and inputs City Commission agenda items and participates in the publishing process. Maintains election related spreadsheets; tracks poll worker information and voting data. Acts as City Clerk’s department representative/contact for all ITS and Facility Management related matters. Orders department supplies and completes purchase orders. Responsible for answering and screening incoming telephone calls as the department’s main answering point. Operates office and audio equipment including telephone, typewriter, computer, copier, facsimile, postage machine, and tape duplicator. 83 of 430 ADDITIONAL FUNCTIONS Maintains copiers with toner and paper. Assists the City Clerk and Deputy City Clerk with projects as assigned. Performs other related duties as required. KNOWLEDGE, SKILLS, AND ABILITIES Thorough knowledge of the business and operations of the City and the department.  Knowledge of standard office practices and procedures.  Knowledge of the various types of records.  Knowledge of terminology, policies and procedures associated with public documents.  Knowledge of and the ability to correctly use business English, grammar, punctuation, and  spelling in performance of duties. Knowledge of requirements for placing legal advertisements.  Skill in providing excellent customer service to the public and to other City employees.  Skill in prioritizing competing demands to ensure work is completed in a timely manner.  Skill in following complex oral and written instructions, policies and procedures.  Skill in using general office equipment such as telephone, facsimile, scanner, copiers, and  postage machines. Skill in recording, retrieving and verifying information.  Ability to operate a personal computer including word processing software, e-mail, routine  spreadsheet applications, electronic calendaring, and other job related computer software. Ability to establish effective working relationships with supervisors, co-workers, other  department personnel, the public, and with all contacts from outside agencies. Ability to demonstrate a polite, helpful and courteous manner when engaged in any activity  with the public, City employees and City officials. Ability to communicate effectively with others both orally and in writing.  MINIMUM QUALIFICATIONS High school diploma or equivalent; course work or vocational training in public administration, business, records management, or related fields; three (3) years progressively responsible previous experience that includes related office and administrative work, preferably in a government setting. PHYSICAL AND SENSORY REQUIREMENTS / ENVIRONMENTAL FACTORS Physical Ability : Tasks require the ability to exert light physical effort in sedentary to light work, but which may involve some lifting, carrying, pushing and/or pulling of objects and materials of light weight (10 pounds). Occasionally, tasks may involve some lifting, carrying, pushing and/or pulling of objects and materials of moderate weight (20 pounds). Tasks may involve extended periods of time at a keyboard or work station. 84 of 430 Sensory Requirements : Some tasks require the ability to perceive and discriminate sounds, and visual cues or signals. Some tasks require the ability to communicate orally. Environmental Factors : Essential functions are regularly performed without exposure to adverse environmental conditions. The City of Boynton Beach, Florida, is an Equal Opportunity Employer. In compliance with the Americans with Disabilities Act (42 U.S. C. 12101 et. seq.), the City of Boynton Beach will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective and current employees to discuss potential accommodations with the employer. The physical demands described are representative of those that must be met by an employee to successfully perform the essential functions of this job. A review of this position has excluded the marginal functions of the position that are incidental to the performance of fundamental job duties. All duties and responsibilities are essential job functions and requirements are subject to possible modifications to reasonably accommodate individuals with disabilities. To perform this job successfully, the incumbent(s) will possess the abilities and aptitudes to perform each duty proficiently. Some requirements may exclude individuals who pose a direct threat of significant risk to the health or safety of themselves or others. Requirements are representative of the minimum level of knowledge, skills, and ability. 85 of 430 Class Code Proposed Grade: 14 FLSA: N CITY OF BOYNTON BEACH, FLORIDA CLASSIFICATION SPECIFICATION CLASSIFICATION TITLE: MINUTES SPECIALIST (DRAFT) PURPOSE OF CLASSIFICATION The purpose of this classification is to perform responsible, moderately complex clerical work in the office of the City Clerk. Position is responsible for attending and preparing the minutes for advisory board meetings, responds to records requests, updates records, prepares records for indexing, scanning, storage, or destruction, assists the public with City business, and performs other clerical tasks in support of the City Clerk’s Office. ESSENTIAL FUNCTIONS The following duties and functions, as outlined herein, are intended to be representative of the type of tasks performed within this classification. They are not listed in any order of importance. The omission of specific statements of the duties or functions does not exclude them from the classification if the work is similar, related, or a logical assignment for this classification. Other duties may be required and assigned. Attends and records advisory board meetings; records minutes of meetings using digital recording equipment and by taping meetings on cassette. Transcribes and types minutes of board meetings on computer; reviews City Codes, Ordinances and other legal documents as required to prepare board minutes; submits draft minutes for review and approval; edits and prints final minutes. Copies and distributes minutes to board members and to City officials and staff. Assists with updating board attendance. Digitally scans minutes and supporting documents; performs backup to Laser Fiche. Provides assistance in advisory board meetings by counting votes, determining meeting quorums, and reviewing past actions and business of boards. Updates Planning and Zoning folders including Affidavits of Mailing and minutes from meetings. 86 of 430 Updates Variance Journal by recording action of the Planning and Development Board, and the City Commission. Performs indexing of various records including Interlocal Agreements, CRA Resolutions, Ordinances and Agreements, and indexing of Bids for retention. Prepares the Annual Minority Reporting for City’s Advisory Boards. Processes public records requests, including receipt, logging, distribution of public records requests to appropriate department(s) for completion, and follow up as necessary to expedite completion of requested information from department(s); returns requested public records information to originator. Assists in the sale of cemetery lots and mausoleum space; processes burial applications; interacts directly with the public, cemetery sexton, and funeral directors; and maintains cemetery records. Processes Records Destruction forms for all City departments; verifies accuracy of information on forms and enters records in a log. Greets and provides assistance to customers at the City Clerk counter. Acts as Safety Coordinator for the City Clerk’s Office. Answers and screens telephone calls for the department. Operates office and audio equipment including telephone, typewriter, computer, copier, facsimile, digital recording equipment, postage machine and tape duplicator. ADDITIONAL FUNCTIONS Maintains copiers with toner and paper. Assists the City Clerk and Deputy City Clerk with special projects as assigned. Performs other related duties as required. KNOWLEDGE, SKILLS, AND ABILITIES Thorough knowledge of the business and operations of the City and the department.  Knowledge of standard office practices and procedures.  Knowledge of the various types of records.  Knowledge of terminology, policies and procedures associated with public documents.  Knowledge of and the ability to correctly use business English, grammar, punctuation, and  spelling in performance of duties. Skill in providing excellent customer service to the public and to other City employees.  Skill in prioritizing competing demands to ensure work is completed in a timely manner.  Skill in following complex oral and written instructions, policies and procedures.  87 of 430 Skill in using general office equipment such as telephone, facsimile, scanner, digital  recording equipment, postage machine and copiers. Skill in indexing, recording, retrieving and verifying information.  Ability to accurately transcribe meeting minutes.  Ability to operate a personal computer including word processing software, e-mail, routine  spreadsheet applications, electronic calendaring, and other job related computer software. Ability to establish effective working relationships with supervisors, co-workers, other  department personnel, the public, and with all contacts from outside agencies. Ability to demonstrate a polite, helpful and courteous manner when engaged in any activity  with the public, City employees and City officials. Ability to communicate effectively with others both orally and in writing.  MINIMUM QUALIFICATIONS High school diploma or equivalent; three (3) years previous experience and/or training that includes secretarial, clerical support, records management, or related office support type work, preferably in a government setting. PREFERRED QUALIFICATIONS Experience and/or training recording and transcribing minutes. SPECIAL REQUIREMENTS Must be available to attend various City Board meetings that occur outside of regular business hours. PHYSICAL AND SENSORY REQUIREMENTS / ENVIRONMENTAL FACTORS Physical Ability : Tasks require the ability to exert light physical effort in sedentary to light work, but which may involve some lifting, carrying, pushing and/or pulling of objects and materials of light weight (10 pounds). Occasionally, tasks may involve some lifting, carrying, pushing and/or pulling of objects and materials of moderate weight (20 pounds). Tasks may involve extended periods of time at a keyboard or work station. Sensory Requirements : Some tasks require the ability to perceive and discriminate sounds, and visual cues or signals. Some tasks require the ability to communicate orally. Environmental Factors : Essential functions are regularly performed without exposure to adverse environmental conditions. The City of Boynton Beach, Florida, is an Equal Opportunity Employer. In compliance with the Americans with Disabilities Act (42 U.S. C. 12101 et. seq.), the City of Boynton Beach will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective and current employees to discuss potential accommodations with the employer. The 88 of 430 physical demands described are representative of those that must be met by an employee to successfully perform the essential functions of this job. A review of this position has excluded the marginal functions of the position that are incidental to the performance of fundamental job duties. All duties and responsibilities are essential job functions and requirements are subject to possible modifications to reasonably accommodate individuals with disabilities. To perform this job successfully, the incumbent(s) will possess the abilities and aptitudes to perform each duty proficiently. Some requirements may exclude individuals who pose a direct threat of significant risk to the health or safety of themselves or others. Requirements are representative of the minimum level of knowledge, skills, and ability. 89 of 430 Class Code Proposed Grade: 12 FLSA: N CITY OF BOYNTON BEACH, FLORIDA CLASSIFICATION SPECIFICATION CLASSIFICATION TITLE: RECORDS COORDINATOR (DRAFT) PURPOSE OF CLASSIFICATION The purpose of this classification is to perform responsible clerical work for the office of the City Clerk. Position performs records retention, storage and coordination, attends and prepares meeting minutes, assists the public with City business, distributes information, and performs other clerical tasks in support of the City Clerk’s Office. ESSENTIAL FUNCTIONS The following duties and functions, as outlined herein, are intended to be representative of the type of tasks performed within this classification. They are not listed in any order of importance. The omission of specific statements of the duties or functions does not exclude them from the classification if the work is similar, related, or a logical assignment for this classification. Other duties may be required and assigned. Processes public records requests, including receipt, logging, distribution of public records requests to appropriate department(s) for completion, and follow up as necessary to expedite completion of requested information from department(s); returns requested public records information to originator. Prepares City Clerk’s Office records for storage or destruction. Processes Records Destruction forms for the City Clerk’s office; verifies accuracy of information on forms and enters records in a log. Attends and records advisory board meetings as assigned; records minutes of meetings using digital recording equipment and by taping meetings on cassette. Transcribes and types minutes of board meetings on computer; reviews City Codes, Ordinances and other legal documents as required to prepare board minutes; submits draft minutes for review and approval; edits and prints final minutes. Copies and distributes minutes to board members and to City officials and staff. Assists with updating board attendance. Digitally scans minutes and supporting documents; performs backup to Laser Fiche. 90 of 430 Provides assistance in advisory board meetings by counting votes, determining meeting quorums, and reviewing past actions and business of boards. Assists in the sale of cemetery lots and mausoleum space; processes burial applications; interacts directly with the public, cemetery sexton, and funeral directors; and maintains cemetery records. Distributes code supplements and updates to relevant parties. Scans and files all paper documents received by the City Clerk’s Office. Reviews contracts and agreements for proper indexing prior to scanning and filing. Provides backup for intake of solicitation permit applications and forwards to the City’s Police Department for approval; prepares approved solicitation permits. Provides assistance to department staff with scanning, filing and maintaining all official documents approved by the City Commission including City Ordinances, Resolutions and any associated agreements. Acts as backup for sorting and delivering incoming City mail, posting outgoing mail, and answering and screening incoming department telephone calls. Performs the duties of other department support staff in their absence. Operates office and audio equipment including telephone, typewriter, computer, copier, facsimile, digital recording equipment, postage machine, and tape duplicator. ADDITIONAL FUNCTIONS Acts as alternate Safety Coordinator for City Clerk’s Office. Maintains copiers with toner and paper. Assists the City Clerk and Deputy City Clerk with special projects as assigned. Performs other related duties as required. KNOWLEDGE, SKILLS, AND ABILITIES Knowledge of standard office practices and procedures.  Knowledge of and the ability to correctly use business English, grammar, punctuation, and  spelling in performance of duties. Skill in providing excellent customer service to the public and to other City employees.  Skill in prioritizing competing demands to ensure work is completed in a timely manner.  Skill in following oral and written instructions, policies and procedures.  Skill in using general office equipment such as telephone, facsimile, scanner, digital  recording equipment, copiers, and postage machines. 91 of 430 Skill in recording, indexing, retrieving and verifying information.  Ability to learn and understand the various types of records dealt with in the City Clerk’s office.  Ability to learn the terminology, policies and procedures associated with public documents.  Ability to operate a personal computer including word processing software, e-mail, routine  spreadsheet applications, electronic calendaring, and other job related computer software. Ability to accurately transcribe meeting minutes.  Ability to establish effective working relationships with supervisors, co-workers, other  department personnel, the public, and with all contacts from outside agencies. Ability to demonstrate a polite, helpful and courteous manner when engaged in any activity  with the public, City employees and City officials. Ability to communicate effectively with others both orally and in writing.  MINIMUM QUALIFICATIONS High school diploma or equivalent; course work or vocational training in secretarial, clerical support, records management, or related courses; two (2) years previous experience and/or training that includes related clerical and office support type work. 92 of 430 SPECIAL REQUIREMENTS Must be available to attend various City Board meetings as assigned that occur outside of regular business hours. PHYSICAL AND SENSORY REQUIREMENTS / ENVIRONMENTAL FACTORS Physical Ability : Tasks require the ability to exert light physical effort in sedentary to light work, but which may involve some lifting, carrying, pushing and/or pulling of objects and materials of light weight (10 pounds). Occasionally, tasks may involve some lifting, carrying, pushing and/or pulling of objects and materials of moderate weight (20 pounds). Tasks may involve extended periods of time at a keyboard or work station. Sensory Requirements : Some tasks require the ability to perceive and discriminate sounds, and visual cues or signals. Some tasks require the ability to communicate orally. Environmental Factors : Essential functions are regularly performed without exposure to adverse environmental conditions. The City of Boynton Beach, Florida, is an Equal Opportunity Employer. In compliance with the Americans with Disabilities Act (42 U.S. C. 12101 et. seq.), the City of Boynton Beach will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective and current employees to discuss potential accommodations with the employer. The physical demands described are representative of those that must be met by an employee to successfully perform the essential functions of this job. A review of this position has excluded the marginal functions of the position that are incidental to the performance of fundamental job duties. All duties and responsibilities are essential job functions and requirements are subject to possible modifications to reasonably accommodate individuals with disabilities. To perform this job successfully, the incumbent(s) will possess the abilities and aptitudes to perform each duty proficiently. Some requirements may exclude individuals who pose a direct threat of significant risk to the health or safety of themselves or others. Requirements are representative of the minimum level of knowledge, skills, and ability. 93 of 430 6. F CONSENT AGENDA May 7, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 7, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Award the Bid with the Palm Beach County EQUESTED CTION BY ITY OMMISSION Cooperative Purchasing Council for Chemicals and Fertilizers to multiple vendors as listed below, as the lowest, most responsive and responsible bidders meeting all specifications. Items will be ordered on an "AS NEEDED BASIS". The City's anticipated annual expenditure is $99,909. BIDTERM: APRIL17,2013THROUGHAPRIL16,2014 ER: The City of Delray Beach, as lead agency for this XPLANATION OF EQUEST Cooperative Bid No. 2013-20, opened bids from ten (10) vendors on December 4, 2012. A tabulation of bids with the awarded items highlighted for each vendor is attached as well as the Memorandum to the Mayor and City Commission for the City of Delray Beach. The City of Delray Beach Commission approved the bid award on April 16, 2013. Awarded items were based on low bids. Any awards to a non-low bidder are for compatibility of products or to avoid a non-preferred mixture. The awarded vendors are as follow: 1. Crop Production Services 2. Diamond R. Fertilizer Co., Inc. 3. Helena Chemical Company 4. Howard Fertilizer and Chemical Co. 5. John Deere Landscapes 6. Red River Specialties 7. Upstart Products 8. Sunniland Corporation 9. Univar USA 94 of 430 10. Winfield Solutions This bid allows for an additional one-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 Cooperative. The City of Delray Beach as lead agency complied with public bid requirements equal to or exceeding the City of Boynton Beach bid requirements. H? By participating in a PBC OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Cooperative Bid, the City benefits from the buying strength of multiple governmental agencies resulting in lower pricing. FI: All chemicals and fertilizers will be ordered on an ‘As Needed Basis”. ISCAL MPACT Following are expenditures for Fiscal Year 2012 and budgeted amounts for Fiscal Year 2013: Department Account Number FY 2012 Expense FY 2013 Budget Golf Course Fertilizer 411-2911-572-52-19 $32,371.40 $36,038.00 Golf Course Chemicals 411-2911-572-52-21 39,795.00 56,531.00 Warehouse Herbicide 502-0000-141-01-00 951.00 1,000.00 Cemetery Chemicals 631-3110-539-52-21 490.00 1,500.00 F & G/Parks Chemicals 001-2730-572-52-21 1,991.00 5,000.00 TOTAL $75,598.40 $99,909.00 A: The City of Boynton Beach could issue a bid for chemicals and LTERNATIVES fertilizers which would result in higher costs due to higher quotes based on smaller quantities of product. 95 of 430 96 of 430 97 of 430 98 of 430 99 of 430 100 of 430 101 of 430 102 of 430 103 of 430 104 of 430 105 of 430 106 of 430 107 of 430 108 of 430 109 of 430 110 of 430 111 of 430 112 of 430 113 of 430 114 of 430 115 of 430 116 of 430 117 of 430 118 of 430 119 of 430 120 of 430 121 of 430 122 of 430 6. G CONSENT AGENDA May 7, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 7, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve the minutes from the Special City EQUESTED CTION BY ITY OMMISSION Commission meeting on April 9, 2013 and the Regular City Commission meeting held on April 16, 2013 thth The City Commission met on April 9 and April 16 , 2013 and minutes were prepared from the notes taken at the meetings. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. H? A record of the actions taken by OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES the City Commission will be maintained as a permanent record. FI: N/A ISCAL MPACT A: N/A LTERNATIVES 123 of 430 124 of 430 125 of 430 126 of 430 127 of 430 128 of 430 129 of 430 130 of 430 131 of 430 132 of 430 133 of 430 134 of 430 135 of 430 136 of 430 137 of 430 138 of 430 139 of 430 140 of 430 141 of 430 142 of 430 143 of 430 144 of 430 145 of 430 6. H CONSENT AGENDA May 7, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 7, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R13-040 - Ratify EQUESTED CTION BY ITY OMMISSION the actions of the South Central Regional Wastewater Treatment and Disposal Board at their April 18, 2013 meeting and give authorization to maintain the reclaim user rate for Hunters Run Country Club of Florida, Quail Ridge, Delray Dunes and Pine Tree for Fiscal year 2012/2013 at $.2000/1,000 gallons. ER: On April 18, 2013, the South Central Regional Wastewater XPLANATION OF EQUEST Treatment & Disposal Board held its Regular Quarterly Annual meeting. At that time, the Board took action on the item that is now before the City Commission for ratification. This City Commission ratification is the confirmation process for the action taken by the S.C.R.W.T.D. Board. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI : ISCAL MPACT A: Do not ratify the actions of South Central Regional Wastewater LTERNATIVES Treatment and Disposal Board. 146 of 430 RESOLUTION NO. R13-_____ A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING THE ACTION TAKEN BY THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD, ON APRIL 18, 2013, AS STATED HEREIN; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE SAID RATIFICATIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The South Central Regional Wastewater Treatment & Disposal Board (SCRWTDB) requests ratification of the action taken by the Board at the Quarterly Meeting of April 18, 2013, as set forth in the attached Exhibit “A”. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption. Section 2. The City Commission does hereby ratify the action taken by the South Central Regional Wastewater Treatment & Disposal Board on April 18, 2013, as set forth on the attached Exhibit “A” and authorizes the City Manager and City Clerk to execute said Ratifications. Section 3. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this _____ day of May, 2013. CITY OF BOYNTON BEACH, FLORIDA _______________________________ Mayor – Jerry Taylor ________________________________ Vice Mayor – Woodrow L. Hay ________________________________ Commissioner – David T. Merker ATTEST: ________________________________ Commissioner – Michael M. Fitzpatrick _________________________ ____________________________ Janet M. Prainito, MMC Commissioner- Joe Casello City Clerk (Corporate Seal) 147 of 430 148 of 430 149 of 430 6. I CONSENT AGENDA May 7, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 7, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Accept the resignation of Bernice Begleiter, a EQUESTED CTION BY ITY OMMISSION regular member of the Library Board ER: Bernice Begleiter has submitted her resignation as a XPLANATION OF EQUEST Regular member of the Library Board for personal reasons. H? The Library Board will have a OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES vacant position. FI: None ISCAL MPACT A: None LTERNATIVES 150 of 430 151 of 430 6. J CONSENT AGENDA May 7, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 7, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Accept the resignation of William W. Combes, a EQUESTED CTION BY ITY OMMISSION regular member of the Arts Commission ER: William W. Combes has submitted her resignation as a XPLANATION OF EQUEST Regular member of the Arts Commission due to professional commitments. H? The Arts Commission will have a OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES vacant position. FI: None ISCAL MPACT A: None LTERNATIVES 152 of 430 153 of 430 8. A CODE COMPLIANCE & LEGAL SETTLEMENTS May 7, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 7, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve or modify the Code Compliance Board's EQUESTED CTION BY ITY OMMISSION Lien Reduction Modification Order (Exhibit "A") in Case #12-15 filed 1/14/13 to reduce the fines in this case to $3,130.15. ER: Pursuant to Chapter 2, Article V of the City of Boynton XPLANATION OF EQUEST Beach Code of Ordinances, the applicant filed an appeal to the Board’s Lien Modification Order. The basis for the appeal is further described in the applicant’s correspondence and is included in the back up (Exhibit “B”). The applicant, Finbar Quinn, is the subject to our lien involving a rental property at 141 Lancaster Rd. Mr. Quinn stated via e-mail, that he is requesting review of the lien reduction since he feels that he should have been informed to bring legal counsel, the certified mail green card was deliberately forged and his calls to the City were not returned. This property was originally cited on 1/5/12 for renting without obtaining a Business Tax Receipt. Notice of Violation was sent via regular mail on 1/5/12 to 141 Lancaster Rd. as listed in the County Tax Collector’s web site and the Palm Beach County Property Appraiser’s web site as the mailing address as required by Florida State Statute Chapter 162. The owner was given 30 days to comply. On 2/9/12 the Notice of Hearing was mailed via certified mail to 950 Brickell Bay Dr. #4307, Miami, Fl. The signed certified mail green card was retuned to the Code Office on 2/27/12 (Exhibit “C”). The case was brought before the Code Board on 3/21/12 and a compliance date of 3/31/12 was set with a fine of $100.00 per day for every day of non-compliance past that date. The case did not comply by the specified date and a second Notice of 154 of 430 Hearing was sent on 4/18/12 via certified mail for the case to appear at the May 2012 Code Board hearing. The green card was not returned and the property was posted as required by FSS Chapter 162. On 5/1/12, Mr. Quinn contacted the Code Office informing the Code Officer that he just learned of the case and asked how to come into compliance. Per notes in the file, (Exhibit “D”) the Code Officer attempted to contact Mr. Quinn twice on 5/4/12. A message was left to contact the Code Officer. On 5/11/12 the Code Officer indicates that the violation still exists and the case appeared before the Code Board on 5/16/12 for fine certification. Mr. Quinn made application for the Business Tax Receipt on 9/2/12 (Exhibit “E”). An inspection is required to assure that the rental property meets the required standards for safe housing. The property passed inspection on 11/16/12 and the BTR was issued on 11/27/12 which is the date of compliance. The fine ran for 240 days for a total of $24,000.00 plus administrative fees of $730.15. This case appeared before the Code Compliance Board on 12/17/12 for lien reduction. The Board reduced the fine of $24,730.15 to $3,130.15. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES The property is in compliance and therefore has no impact on our programs or services. FI: The primary concern is the safety and welfare of the tenants in a rental ISCAL MPACT property, as well as, compliance with City Codes. Any monies over and above the administrative fees of $730.15 will be supplemental. A: Modify findings of Code Board. LTERNATIVES 155 of 430 156 of 430 157 of 430 158 of 430 159 of 430 160 of 430 161 of 430 162 of 430 163 of 430 Boynton Beach City Manager’s Office 8. B CODE COMPLIANCE & LEGAL SETTLEMENTS May 7, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS CMD: May 7, 2013 OMMISSION EETING ATE RACC: Consider Business Tax Receipt protest EQUESTED CTION BY ITY OMMISSION ER: Please see the attached letters from Dr. Jay M. Weinstein XPLANATION OF EQUEST requesting a refund of business tax receipt fees (occupational license fees) he paid over the past ten years. He seeks a refund in the amount of $860. Our City Code provides a process within which a business may protest a classification or fee. As required by the Code, I’ve conducted my review of the protest and have provided the attached memorandum to the City Clerk. H? n/a OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: TBD ISCAL MPACT A: Not consider protest. LTERNATIVES 164 of 430 Memorandum To: Mayor, Vice Mayor and City Commission From: Lori LaVerriere, City Manager Date: April 24, 2013 Re: Dr. Jay Weinstein Business Tax Classification On November 6, 2012 the City received correspondence from Dr. Jay Weinstein protesting a portion of the business tax classification that he paid from 2002 through 2011. Dr. Weinstein states that he first discovered the disputed charge in 2012. The City’s Code provides that “[a] protest to a classification or fee shall be made in writing to the City Clerk within 30 calendar days following issuance of the Business Tax Receipt.” Business Tax Receipt (“BTR”) invoices are sent to property owners in July of each year. Business owners may pay the BTR fee at any time thereafter. Since the BTR is valid from October 1 through September 30, the issue date for all businesses is October 1, irrespective of when the BTR is paid. Dr. Weinstein was not assessed the disputed fee for the 2012-2013 fiscal year. Dr. Weinstein paid the disputed fee for the 2011-2012 fiscal year. Thirty (30) calendar days following the issuance of the last BTR wherein Dr. Weinstein was assessed the disputed fee was Monday, October 1, 2011, the deadline for filing a protest. On November 6, 2012, the City received a written protest from Dr. Weinstein. Since the written protest was received 1 year and 6 days after the deadline required by the Code, Dr. Weinstein’s protest is untimely. Although Dr. Weinstein’s protest is untimely, he has requested that the Commission consider his request for a refund. Dr. Weinstein asserts that since he is no longer being assessed the disputed fee, he has no opportunity to file a protest “within 30 calendar days following the issuance” of the BTR. As City Manager, I have reviewed the information received from Dr. Weinstein as well as the recommendation from Development Services. Dr. Weinstein’s protest is untimely. Therefore, he is not entitled to a refund for all years paid. However, since he is no longer being assessed the disputed fee and cannot file a timely protest, I recommend that he be granted a refund of four (4) years of the disputed fee. 165 of 430 166 of 430 167 of 430 9. A PUBLIC HEARING May 7, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 7, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED ORDINANCE NO. 13-009 - FIRST EQUESTED CTION BY ITY OMMISSION READING - Amend the Land Development Regulations (LDR) to 1) create provisions in the supplemental (zoning ) regulations for electric vehicles (EV) infrastructure; 2) create new definitions pertaining to EV infrastructure and amend the definition of minor automobile repair to include battery exchanges for electric vehicles; and 3) create provisions for signs commonly associated with EV infrastructure. ER: As explained in the accompanying staff report, this set of XPLANATION OF EQUEST amendments includes the initial introduction of transit-oriented development (TOD) provisions and minimum standards into the LDR, a modification of the flood prevention standards to limit applicability of the higher finished floor elevation to only new construction, and expansion of the parking provisions intended to benefit adaptive reuse projects to areas along US-1 and Boynton Beach Boulevard that have been applicable to Ocean Avenue. The proposed T.O.D. provisions have been drafted with the assistance of Kim Delaney, P.D, Strategic Planning Coordinator for the Treasure H Coast Regional Planning Council. Ms. Delaney has been involved in T.O.D. design planning on a local level involving charrettes and development standards, and has been involved with planning efforts of the FDOT and SFRTA intended to add passenger service to the FEC Rail Road corridor. Ms. Delaney will assist staff with the presentation of these amendments with a basic introduction of T.O.D. planning principals, the role of such T.O.D. provisions with station planning, and an update of planning efforts involving the FEC Rail Road corridor. Transit-Oriented Development provisions These initial provisions are intended to establish the T.O.D framework in the LDR to promote more compact development and redevelopment that supports the plans for a 168 of 430 th rail station on NE 4 Street, between Boynton Beach Boulevard and Ocean Avenue. The emphasis of these initial provisions is on the adoption of minimum development standards to maximize dwelling units and commercial square footage in the area immediately surrounding the planned train station which is called the “Transit Core”. Lastly, to allow greater design flexibility and promote traditional architecture, staff recommends that the sky exposure plane requirements in the LDR be replaced with more general, performance-based standards. Instead of requiring a quantifiable “step- back” in building design based on setback and overall height, staff proposes a series of design standards/guidelines based on basic building anatomy or “hierarchy” represented by the three components of a building: the “base”, the “middle”, and the “top”. The visual value (and functional value with respect to the streetscape) of a building is measured and achieved through proper design of each component through human scale and “friendliness”, appropriate traditional materials, architectural rhythm, classical vertical proportions, appropriate “solid to void” ratio, and uniqueness (see accompanying staff report further explanation). Future amendments that continue furthering this T.O.D. framework may include, in part, incentives involving project density and T.O.D. parking standards. Floor Prevention and “free board” For a community to participate in the National Flood Insurance Program (NFIP), it must adopt and enforce floodplain management regulations that meet or exceed the minimum NFIP standards and requirements. While not required by the NFIP, each community is encouraged by FEMA to adopt higher regulatory standards, such as the freeboard requirement. The “Freeboard” standard is simply requiring structures to be elevated above the Base Flood Elevation (BFE). FEMA recommends a freeboard requirement of at least 12 inches to account for the one-foot rise built into the concept of designating a floodway and the encroachment requirements where floodways have not been designated. The proposed amendment simply changes the applicability of the freeboard requirement to only new construction, leaving existing, unaltered portions of buildings to meet the minimum base flood elevation set by the NFIP. The City adopted the one (1)-foot freeboard provisions and codified it in 1) the Boynton Beach Amendments to the 2010 Florida Building Code; and 2) Part III (LDR), Chapter 4, Article X Flood Prevention Requirements. This request is also accompanied by the corresponding amendment to the local amendments to the 2010 Florida Building Code. The proposed amendment is not anticipated to jeopardize the City’s flood rating, but instead will likely increase the cost-feasibility of expanding existing structures. Parking requirements for adaptive reuse projects Staff is proposing amendments to the Land Development Regulations (LDR) that include the reduction of required parking in association with the adaptive reuse of vacant and under-utilized buildings in the downtown area, as an interim measure, to support current CRA initiatives until such time as the future vision contained within the Downtown Master Plan is realized through planned redevelopment of these parcels. These provisions that have been in effect for the Ocean Avenue corridor are proposed to apply to selected areas along US 1 and Boynton Beach Boulevard. Such provisions are generally described as a reduction in required parking, more flexibility in off-site parking regulations and expansion of the area in which the payment-in-lieu-of-parking is allowed. 169 of 430 H? Proposed amendments will OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES encourage redevelopment and development in accordance with adopted redevelopment plans and the City’s Comprehensive Plan. FI: All three sets of amendments will promote redevelopment, development ISCAL MPACT and adaptive reuse of existing properties, which have both direct and indirect benefits to property values and the City’s tax base. A: No alternatives recommended. LTERNATIVES 170 of 430 ORDINANCE NO. 13- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS TO CREATE PROVISIONS IN THE SUPPLEMENTAL (ZONING) REGULATIONS FOR ELECTRIC VEHICLES INFRASTRUCTURE; CREATING NEW DEFINITIONS PERTAINING TO ELECTRIC VEHICLE INFRASTRUCTURE AND AMENDING THE DEFINITION OF MINOR AUTOMOBILE REPAIR TO INCLUDE BATTERY EXCHANGES FOR ELECTRIC VEHICLES; CREATING PROVISIONS FOR SIGNS COMMONLY ASSOCIATED WITH ELECTRIC VEHICLE INFRASTRUCTURE; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS , staff is proposing amendment to the Land Development Regulations (LDR) to add provisions that includes the initial introduction of transit-oriented development (TOD) provisions and minimum standards, a modification of the flood prevention standards to limit applicability of the higher finished floor elevation to only new construction, and expansion of the parking provisions intended to benefit adaptive reuse projects to areas along US-1 and Boynton Beach Boulevard that have been applicable to Ocean Avenue; and WHEREAS , the City Commission of the City of Boynton Beach deems it to be in the best interest of the citizens and residents of the City to amend the Land Development Regulations to amend provisions in the supplemental regulations for electric vehicles, amending definitions pertaining to electric vehicles and amending provisions for signs commonly associated with electric vehicles. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: . Section 1The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. 171 of 430 Section 2. The City of Boynton Beach Code of Ordinances, Part III, Land Development Regulations, is hereby amended by adding the words and figures in underlined type and deleting the words struck through in the attached Exhibit “A” Section 3. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 4. Authority is hereby given to codify this Ordinance. Section 5. This Ordinance shall become effective immediately. FIRST READING this ____ day of ____________, 2013. SECOND, FINAL READING AND PASSAGE this ______ day of ________, 2013. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor ______________________________ Vice Mayor – Woodrow L. Hay ______________________________ Commissioner – David T. Merker ______________________________ Commissioner – Michael M. Fitzpatrick ______________________________ Commissioner – Joe Casello ATTEST: ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 172 of 430 DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 13-009 TO: Chair and Members Planning & Development Board FROM: Michael Rumpf Planning and Zoning Director DATE: March 20, 2013 RE: Economic Development and Interim LDR Amendments (CDRV 13- 001) – Approve amendments to the LDR to 1) create Transit Oriented Development Provisions & Minimum Standards; 2) revise applicability of Flood Elevation & Freeboard Standards; and 3) further amend parking requirements in support of Adaptive Reuse projects. OVERVIEW The rewrite of the City’s land development regulations (LDR) allowed staff to perform a complete review and analysis of each standard, regulation, and process. As part of the post- adoption process, staff anticipates the periodic need for, and is prepared to expeditiously process, updates and amendments to the LDR for one or more of the following reasons or initiatives: 1. Business and economic development initiatives; 2. Sustainability initiatives; 3. Maintaining internal consistency; 4. Achieving regulatory compliance; and 5. Incorporating implementation feedback necessary to meet original or current objectives and vision. The proposed amendments would further items #1, Business and economic development initiatives, #2, Sustainability initiatives, and #5, by adjusting existing regulations to achieve original or current objectives. BACKGROUND AND EXPLANATION 1. TOD Provisions and Minimum Standards (also see Exhibits “A” and “B”) Overview: Florida’s coastal communities, including the City of Boynton Beach, tend to have historic 173 of 430 downtowns located along the FEC rail corridor, which historically operated as a passenger route through the state. The FEC Railroad’s historic passenger service was terminated in the 1960s, and since that time, Florida’s rapid growth has been characterized by a low-density, sprawling pattern of land development that has produced transportation inefficiencies, constrained mobility, and limited transportation choices. There is a clear relationship between land use and transportation that is evidenced in all patterns of development. Given the high levels of roadway congestion, increasing population, climate change, and constrained financial resources, the state has increased its focus on improving the land use/transportation relationship to improve efficiency and more closely coordinate land development patterns with transportation systems. Transit, especially passenger rail service, has become a high priority in the southeast Florida region. The FEC rail corridor is a defining infrastructure feature of southeast Florida. Although the rail line only carries freight today, there is increasing demand for it to carry passengers as well, especially given the constraint of the state roadway network in the region. Accordingly, for the past eight years, the City has been participating with the Florida Department of Transportation (FDOT) and other agencies to expand the Tri-Rail commuter system to include new service on the FEC. Tri-Rail currently operates on the CSX rail corridor (west of I-95), with a Boynton Beach station at Gateway Boulevard. The expanded service, named the “Tri-Rail Coastal Link,” would add a series of new passenger rail stations on the FEC in Palm Beach, Broward, and Miami-Dade Counties, including a new Boynton Beach station just south of Boynton Beach Boulevard. FDOT and its transportation partners, including the South Florida Regional Transportation Authority (SFRTA), Palm Beach Metropolitan Planning Organization (MPO), Treasure Coast Regional Planning Council (TCRPC), and other local governments and organizations, have all prioritized the need to improve land development patterns in advance of station development for several reasons: (1) transit-oriented development (TOD) improves ridership for transit service, thereby increasing efficiency; (2) transit service increases access to station areas, thereby increasing potential for higher intensity and density land development; (3) TOD equally accommodates all modes of transportation (car as well as pedestrian, bicycle, and transit), further increasing access to station areas and potential for increased development capacity; and (4) TOD encourages a park-once environment, which reduces vehicular demand on the roadway network, further improving efficiency and reducing carbon emissions. Further, Federal funding for transit projects such as the Tri-Rail Coastal Link are highly contingent upon existing and projected TOD patterns around station areas such as the City’s planned rail station. Cities that adopt TOD plans and codes ahead of the planned service help improve the competitiveness of the City and region. What is TOD: Transit-Oriented Development (TOD) is a land development pattern located within one-quarter to one-half-mile of an existing or planned transit station. Such developments are recognized by Florida Statues, and specifically defined to consist of “compact, moderate to high density developments, of mixed-use character, interconnected with other land uses, bicycle and pedestrian friendly” and is designed to support frequent transit service. (Chapter 163, F.S.). The most significant features of a TOD are (1) increased density and intensity of development, with minimum levels of development recommended by FDOT; (2) walkability and interconnectivity throughout the area; and (3) mix of uses appropriate to the service and area. TOD Code Amendments: 174 of 430 The City’s land development code already contains several mixed-use zoning districts that provide the appropriate mix of uses and development design standards for TOD; however, they do not provide sufficient minimum densities and intensities consistent with the state’s recommendations. To begin phasing in such provisions, the proposed code amendments include new terms and definitions, supportive descriptions including necessary wording added to the Purpose and Intent sections, and most importantly, minimum density and intensity standards consistent with state guidance for the quarter-mile TOD district in which the City’s future passenger rail station will be located. As the City conducts its ongoing review of the Comprehensive Plan and changing land development conditions, staff will prepare appropriate TOD amendments to further reinforce this desired and necessary development pattern in conjunction with the City’s future station. For example, subsequent amendments may include additional TOD provisions applicable to parking requirements. Lastly, to allow greater design flexibility, staff recommends that the sky exposure plane requirements of Chapter 4, Article III, Section 5.C.1 be replaced with more general and performance-based standards emphasizing traditional building architecture. Such traditional design includes a hierarchy represented by three components of a building, including the “base”, the “middle”, and the “top”. The visual value (and functional value with respect to the streetscape) of a building is measured and achieved through proper design of each component through human scale and “friendliness”, appropriate traditional materials, architectural rhythm, classical vertical proportions, appropriate “solid to void” ratio, and uniqueness. The “base” should be characterized by having all elements compliment the pedestrian environment to which it is exposed, including windows (allowing internal views), entries, porte- cocheres, canopies, awnings, courtyards, and elements of pedestrian interest such as retail stores, storefront show windows and landscape elements. The height of the base is typically proportionate to the overall height of the streetwall, and in taller streetwalls may typically include two floors (three floors in the MU-H District) to five floors. The “middle” of the building should include the expression of the primary building uses. The “middle” of the building should include multiple architectural rhythms derived through step- backs, changes in plane, changes in materials or colors, window types, window sizes, pairing or multiples of windows, oriel windows and by shutters and other detailing.Typically there should be more solid wall than window opening to maintain the traditional character. Mirrored and/or deeply colored glass should be avoided, as well as horizontal banding of windows and/or a regular horizontal expression of floor slabs. The “top” of a building tower terminates the building at the sky, and defines a skyline. Towers should be placed to allow views between towers and allow sunshine to penetrate to the lower building levels and the street below. The building top achieves its character though the design of cornices, step backs, changes in scale, geometric elements and materials or textures. These traditional design characteristics will be used to create the appropriate code text and inserted into Article III prior to adoption. 2. Flood Elevation and Freeboard Requirements (also see Exhibit “C”) For a community to participate in the National Flood Insurance Program (NFIP), it must adopt and enforce floodplain management regulations that meet or exceed the minimum NFIP 175 of 430 standards and requirements. These standards are intended to prevent loss of life and property, as well as economic and social hardships that result from flooding. Chapter 44 of the Code of Federal Regulations (44 CFR) requires that all new construction and substantial improvements of residential structures located within the floodplain (e.g., Special Flood Hazard Area) shall be elevated to the base flood elevation (BFE), which is the point in elevation that surface water resulting from a flood has a one (1) percent chance of equaling or exceeding that level in any given year. The BFE is the national standard used by the NFIP and all federal agencies for the purposes of requiring the purchase of flood insurance and regulating new development. The City of Boynton Beach participates in the NFIP and regulates structures in the floodplain in accordance with 44 CFR. While not required by the NFIP, each community is encouraged by FEMA to adopt higher regulatory standards, such as the freeboard requirement. Freeboard is simply requiring structures to be elevated above the BFE. FEMA recommends a freeboard requirement of at least 12 inches to account for the one-foot rise built into the concept of designating a floodway and the encroachment requirements where floodways have not been designated. The City adopted one (1)-foot freeboard provisions and codified it in the 1) Boynton Beach Amendments to the 2010 Florida Building Code; and 2) Part III (LDR), Chapter 4, Article X Flood Prevention Requirements. The LDR was rewritten in 2010, in part, to be more intuitive and user-friendly for property owners and their design professionals and contractors when planning to make building and site improvements. Freeboard requirements often play a significant role in site development, and to avoid confusion and future conflict between the LDR and Administrative Amendments to the Florida Building Code (FBC), staff is looking to consign the freeboard provisions to the LDR only and to remove them from the Boynton Beach Amendments to the 2010 FBC. In addition to this code consolidation effort, staff is initiating a change to the freeboard requirements with respect to how proposed building additions and/or substantial improvements are regulated. It is the opinion of staff that the current provisions are too onerous and have placed a financial hardship on property owners who desire to make substantial improvements. For example, staff has recently experienced a situation where a property owner wanted to expand the floor area of an existing home located in a flood zone. Any new building addition is required to comply with the freeboard provisions, and the cost of construction was such that the project would have been categorized as a substantial improvement. As a substantial improvement, the freeboard requirements compel the property owner to not only elevate the proposed building addition one (1)-foot above the BFE, but the existing home as well. With a down economy in recent years, the cost of construction has not decreased commensurate with the decrease in home values, so the likelihood of being classified as a substantial improvement increases. While requiring the building addition alone to be elevated one (1)-foot above the BFE would have resulted in a unique and unorthodox floor plan (and undoubtedly less desirable for the resident), elevating the finished floor of the existing home proved to be too costly and the property owner eventually abandoned the proposal. Like with this case, many home owners abandon plans for planned home expansions/additions, because compliance with the freeboard requirements may be impractical, or is cost-prohibitive. To help alleviate this type of situation from occurring in the future, staff is recommending the freeboard requirements for additions and/or substantial improvements be changed to require the existing building to be elevated to the base flood elevation only, which would still be compliance with 44 CFR. New building construction however, would still be required to meet the freeboard provisions and be elevated at least one (1) foot above the BFE. 176 of 430 This proposed freeboard amendment is an example of the delicate balancing act that government plays in regulating the manner in which real property is efficiently used and enjoyed as compared with increasing the potential for future risks to life/property. Preparation of these documents has involved the comprehensive and detailed review of the associated land development processes, the applicable standards, and the city department responsible for the administration of such regulations and standards. 3. Parking Requirements Applicable to Adaptive Reuse Projects (also see Exhibit “D”) Staff is proposing amendments to the Land Development Regulations (LDR) involving the reduction of required parking in association with the adaptive reuse of vacant and under-utilized buildings in the downtown area, as an interim measure, to support current CRA initiatives and until such time as the future vision contained within the Downtown Master Plan is realized through planned redevelopment of these parcels. A staff team, including CRA staff, previously collaborated to establish a list of appropriate uses and development regulations intended to implement the vision contained within the Downtown Master Plan. The vision, in part, involves the creation of a Public Art and Cultural Corridor between the marina/waterfront attractions to the east and the cultural/civic activities to the west on Ocean Avenue. This effort resulted in the adoption of the Ocean Avenue Overlay Zone, which envisions the adaptive reuse of existing buildings and the relocation of historic structures to vacant parcels along Ocean Avenue, in order to create a mix of uses which create a sense of place with small shops and restaurants, arts related businesses and residential uses, all at a pedestrian scale, and contributing to a pedestrian friendly atmosphere. A part of these regulations reduce the parking requirements in an effort to spur reuse of the existing building inventory along the avenue. The former Jones Cottage was relocated downtown and is now The Little House restaurant, the CRA is working with interested parties to bring a tenant to the Magnuson House and plans are being developed for a new public parking lot on the former Jones Cottage site. Staff is now suggesting that some of these same regulations, namely a reduction in required parking, more flexibility in off-site parking regulations and expansion of the area in which the payment-in-lieu-of-parking is allowed, may serve to spur the adaptive reuse of existing buildings along Federal Highway as well as along Boynton Beach Boulevard. These regulations would be rd applicable to CBD- and C-4-zoned properties from approximately SE 3 Avenue to the C-16 Canal fronting on Federal Highway, and those located between Federal Highway and the FEC RR; the C-2-zoned properties fronting on Boynton Beach Boulevard between Seacrest Boulevard and Interstate 95; and the C-3-zoned properties fronting on Boynton Beach Boulevard between Seacrest Boulevard and the FEC RR. Lastly, this amendment is intended to correct an unforeseen error in the previous adoption of the adaptive reuse regulations which inadvertently eliminated the requirement for parking for any building expansions up to 100% within the CBD zoning district or subsequent zoning districts established to supplement or replace the CBD. The proposed amendments would allow for reduced parking requirements more in line with staff’s intent and locational criteria. CONCLUSION / RECOMENDATION 177 of 430 Staff is recommending approval of the proposed code amendments. Overall, these amendments encourage compact, Transit Oriented Development and adaptive reuse of buildings downtown; promote both residential and non-residential expansion through reasonable application of the finished floor elevation regulations; promote business/economic development; and simplify regulations thereby making the code more user-friendly. S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 13-001 ED & Interim Amendments\CDRV 13-001 Staff Report.doc 178 of 430 PROPOSED LDR AMENDMENTS 1. Transit Oriented Development (TOD) Provisions and Minimum Standards Part III. Land Development Regulations, Part 1, Art. II. Definitions COMPACT DEVELOPMENT – A development or development pattern consisting of a varied mix of land uses, including but not limited to residential, commercial, office, and public/civic spaces. The central characteristic of compact development is discouraging urban sprawl and reducing the number of vehicular miles traveled by accommodating living, employment, shopping, entertainment, recreation, and outdoor gathering areas, all of which are located within walking distance of each other. Typical design elements include minimal building setbacks, wide pedestrian areas and public spaces, a grid pattern street network with short and interconnected block and alley lengths, and innovative/flexible approaches to off-street parking requirements. Emphasis is placed on the proximity and access of a subject development to public transit and alternate modes of transportation, with priority given to creating safe and pleasant pedestrian/bicycle circulation patterns and linkages. STATION AREA – A geographic area established for planning and regulatory purposes, and which is characterized by “Compact Development” within a one- half mile radius around a transit station. Within the framework of TOD and transit station planning, this area includes the “Transit Core.” See TRANSIT CORE. TRANSIT-ORIENTED DEVELOPMENT (TOD) – A component of “Compact Development” characterized by moderate to high intensity and density, mixed use development within one-half mile of a transit stop or station designed to maximize walking trips and access to transit and the various uses within the area devoted to “Compact Development”. TRANSIT CORE – The first one-quarter mile radius, or approximately 125 acres around a transit station characterized by the most intense/dense development and urban design that promotes efficient and pleasurable pedestrian routes to the transit station and to surrounding resources and nearby destinations. Part III. Land Development Regulations, Chapter 3, Art. III. Zoning Districts and Overlay Zones Section 5. Mixed-Use (Urban) Districts. A. General. 1. Purpose and Intent . The Mixed-Use (urban) zoning districts are intended to implement the Community Redevelopment Plans, in part, by providing for a mixture of land uses, accommodating varying densities and intensities appropriate for each planning area, and by establishing quality streetscapes and pedestrian environments as part of a compact urban setting. These 179 of 430 districts are also intended to support transit ridership and in particular, the development of transit-oriented developments near planned passenger train stations along the FEC Railroad corridor, th such as the designated location along Northeast 4 Street, between Boynton Beach Boulevard and Ocean Avenue. Additional standards and requirements of this section are based on the proximity to the planned train station, and location within the Transit Core, which is defined as the area extending one-quarter (1/4) mile from the train station (see Map # to be determined). To ensure compliance with these regulations, an application for site plan approval shall be required and reviewed concurrently with any request to rezone lands to a Mixed-Use (urban) district. Also see Chapter 4, Article III, Section 6.H for design and compatibility standards, as well as the Urban Design Guidelines for Development within the Boynton Beach Community Redevelopment Area (Urban Design Guidelines). The objectives of the Mixed-Use (urban) districts are as follows: a. Support and enhance revitalization efforts in the city's traditional commercial core area through the provision of compact, transit-supportive, high density and intensity development; b. Allow for commercial services to be provided to new residential developments in planned locations with appropriate densities, heights, and mixtures of uses; c. Create optimal pedestrian environments and spaces through well located public plazas, expanded public sidewalks, maximized internal and external interconnectivity and appropriate separation from, and design of pedestrian-friendly vehicular circulation areas; d. Allow flexibility in architectural design and building bulk while maximizing compatibility and harmony with adjoining development within the development area; e. Create surrounding areas that complement rather than compete with the downtown; f. Create higher quality environments for residents, businesses, employees, and visitors as determined by how well the urban centers function seamlessly with respect to interconnectivity between the principal uses, activity centers, and transportations systems, forming a cohesive and desirable sense of place. 2. Description of Districts. 180 of 430 a. Mixed Use-Low Intensity 1 (MU-L1). The MU-L1 district implements the Mixed Use (MX) Future Land Use Map (FLUM) classification of the Comprehensive Plan and has a maximum residential density of 20 dwelling units per acre, and a minimum density of 11 dwelling units per acre if located within the Transit Core. This minimum density requirement shall be applicable to any such project regardless of whether the site is partially or entirely located within the Transit Core. A lesser density may be imposed on the MU-L1 district pursuant to the “Locational Requirements for Maximum Height, Density, and Floor Area Ratio” table in Section 5.C below - (Building and Site Regulations). b. Mixed Use-Low Intensity 2 (MU-L2). The MU-L2 district implements the Mixed Use (MX) Future Land Use Map (FLUM) classification of the Comprehensive Plan and has a maximum residential density of 30 dwelling units per acre. and a minimum density of 20 dwelling units per acre if located within the Transit Core. This minimum density requirement shall be applicable to any such project regardless of whether the site is partially or entirely located within the Transit Core. A lesser density may be imposed on the MU-L2 district pursuant to the “Locational Requirements for Maximum Height, Density, and Floor Area Ratio” table in Section 5.C below - (Building and Site Regulations). c.Mixed Use-Low Intensity 3 (MU-L3). The MU-L3 district implements the Mixed Use (MX) Future Land Use Map (FLUM) classification of the Comprehensive Plan and has a maximum residential density of 40 dwelling units per acre. and a minimum density of 30 dwelling units per acre if located within the Transit Core. This minimum density requirement shall be applicable to any such project regardless of whether the site is partially or entirely located within the Transit Core. A lesser density may be imposed on the MU-L3 district pursuant to the “Locational Requirements for Maximum Height, Density, and Floor Area Ratio” table in Section 5.C below - (Building and Site Regulations). d.Mixed Use-High Intensity (MU-H). The MU-H district implements the Mixed Use-Core (MX-C) Future Land Use Map (FLUM) classification of the Comprehensive Plan and has a maximum residential density of 80 dwelling unit per acre., and a minimum density of 40 dwelling units per acre if located within the Transit Core. This minimum density requirement shall be applicable to any such project regardless of whether the site 181 of 430 is partially or entirely located within the Transit Core. A lesser density may be imposed on the MU-L1H district pursuant to the “Locational Requirements for Maximum Height, Density, and Floor Area Ratio” table in Chapter 3, Section 5.C below - (Building and Site Regulations) The intent of this district is to supplant the Central Business District (CBD) in the historic downtown and marina district. 3. Location and Mixed General Use Design Standards Requirements. a. General. The Mixed Use (urban) districts are intended for projects that optimum when there are opportunities to promote sustainable design sustainability with respect to land use, energy conservation, resource management, and social equity. Rezoning to any of these districts is encouraged for proposed development or redevelopment on lands that are in close proximity to existing infrastructure, public and alternative transportation routes and modes, employment centers, community areas, or have sustained or are complicated by environmental contamination. The mixed use (urban) zoning districts shall be applied to selected geographic areas, east of I-95, where a mixture of uses and building densities intensities is intended to implement to carry out elements of the City's Comprehensive Plan, redevelopment plans, and Urban Design Guidelines including goals involving compact design, transit-oriented development, employment, population, transportation, housing, public facilities, and environmental quality. Regulations for the planning areas are implemented through four (4) zoning districts: Mixed Use-Low Intensity 1 (MU-L1), Mixed Use-Low Intensity 2 (MU-L2), Mixed Use-Low Intensity 3 (MU-L3), and Mixed Use-High Intensity (MU-H). Permitted uses and associated standards for development vary between the zoning districts each reflecting the importance of the district's location and its relationship to the downtown. Maximum heights, densities, and intensities of development are regulated according to the classification of the roadway that abuts the project the frontage, and based on of the property, and proximity to the transit core and existing single-family zoning districts. A master plan as a whole, comprised of individual buildings and parcels, would be reviewed for compliance with the requirements below pertaining to a residential component to the project, and commercial use on the first floor of a project. Projects not meeting the requirement for a residential component 182 of 430 shall be reviewed for contribution to employment targets in accordance with FDOT standards for a Community Center TOD. b. All Mixed Use-Low Intensity Districts. Mixed Use-Low Intensity 1 (MU-L1), Mixed Use-Low Intensity 2 (MU-L2), and Mixed Use-Low Intensity 3 (MU-L3). (1) In order to complement the revitalization efforts in the downtown area, the MU-L Zoning Districts shall only be applied to lands consistent with the Comprehensive Plan and respective redevelopment plans peripheral to the downtown area and classified as Mixed Use (MX) on the Future Land Use Map. Such areas are generally described as Woolbright Road between I-95 and the FEC Railroad, Boynton Beach Boulevard between st I-95 and Northwest 1 Street, Martin Luther King th Jr. Boulevard, Southeast 4 Street south to th Southeast 5 Avenue, and Ocean Avenue between thst Southeast 4 Street and Southeast 1 Street. See the respective redevelopment plan for specific recommendations on locations and boundaries. (2) The MU-L Districts are appropriate for low- to mid-rise developments that provide for medium density residential uses and low to medium intensity commercial and office uses. (3) The review of these applications will emphasize compactness, aesthetics and design quality, and physical compatibility with adjacent land uses. (4) Except where limited by Table 3-21, all All new developments within the this MU-L1 and MU- L2 districts that contain a non-residential use mix of uses shall front on streets designated as "arterial", or "collector", or "local collector" roadways on the Functional Classification of Roadways Map and shall contain a mixture of retail commercial, office and/or residential uses, which may be arranged either vertically or horizontally. All projects within the MU-L3 District and proposed within the TRANSIT CORE must contain a residential component, and all projects proposed within the Mixed Use-Low Intensity Districts that front on an arterial road must have space on the first floor devoted to commercial use. 183 of 430 (5) Maximum height Height restrictions and densities may be further limited in certain geographic areas to further applicable redevelopment plans and maintains compatibility with an abutting single-family district. c. Mixed Use-High Intensity (MU-H). (1) The Mixed-Use High Intensity (MU-H) district shall only be applied to lands classified as Mixed Use-Core (MX-C) on the Future Land Use Map. (2) The MU-H district is appropriate for high density/intensity development intended for the downtown area, which is generally located east of the FEC Railroad, including the Marina District, and which extends out from the planned train station by approximately three (3) to 4 blocks. Such developments shall include a mix of uses designed in a compact vertical style. Developments proposed within the entire Station area must contain a residential component and have space on the first floor which shall be devoted to commercial uses for those portions of the project having frontage along Ocean Avenue or an arterial road. The MU-H district is appropriate for developments that provide for high density residential in addition to retail commercial and office uses. (3) All new developments within this district shall front on streets designated as "arterial" or "collector" roadways on the Functional Classification of Roadways Map and shall contain a mixture of retail, office and / or residential uses arranged either vertically or horizontally. Single- use projects fronting on streets other than “arterial” or “collector” shall require conditional use approval. d.Rezoning of Single-Family Districts . All requests to rezone any single-family residential district to a mixed use zoning district shall be subject to the following additional requirements: (1)Height, density and intensity of development based on the roadway frontage; (2) Ratio of lot frontage to depth that is no more than one (1) foot (frontage) to 1.25 foot (depth); 184 of 430 (3)Vehicular access to the property located to minimize impacts on adjacent single-family developments and meet safety standards; and (4)Landscape barriers provided, in accordance with the landscape regulations of this code, where the rezoned property abuts single-family residential zoning. B. Use(s) Allowed. See “Use Matrix, Table 3-28” in Chapter 3, Article IV, Section 3.D. In addition, the following use regulations shall apply with respect to mixed-use developments: 1. Required Frontage. Buildings combining both residential and nonresidential uses are required within the MU-H Zoning District on all properties fronting on arterial roadways. The same shall be permitted and encouraged within the Mixed Use-Low districts. 2. Residential Uses. Residential uses within mixed-use structures shall not be located on the ground floor, which shall be reserved for nonresidential uses 3.Compatibility. Mixed-use projects containing residential components shall include appropriate design, materials, and site layout in order to maximize compatibility with residential uses located on upper floors. See Chapter 4, Article III, Section 3.H for additional community design standards regarding compatibility. 185 of 430 C. Building and Site Regulations. 1. Building and Site Regulation (Table 3-21). MIXED USE, URBAN MU-L1 MU-L2 MU-L3 MU-H Lot Area, Minimum (acres): Public park: N/A N/A N/A N/A All other uses: 0.50 0.75 1 1 12 Lot Frontage, Minimum (feet): 100 100 150 200 Structure Height, Minimum 30 30 30 30 (feet): Maximum Building / Structure Height (HT), Density (DU), and Floor-Area-Ratio (FAR): Classification of project frontage on type of roadway: 1453, 14355, 6 HT DU FAR HT DU FAR HT DU FAR HT DU FAR 65 / 75 / 3.0/ 150/ 141415 Arterial: 45 20 1.0 30/40 2.0/2.5 40 80 4.0 333,15 100 100 3.5 125 Collector: 45 20 1.0 65 30/40 2.0/2.5 n/a n/a n/a n/a n/a n/a Local collector: 45 20 1.0 45 30/40 2.0/2.5 55 30 3.0 55 60 3.5 4 Local Street: 45 20 1.0 45 30/40 2.0/2.5 n/a n/a n/a n/a n/a n/a 11 Build-to-line (feet): 10101010 Front abutting a public right-of-way 0 0 0 0 10101010 Rear: 0 0 0 0 10101010 Interior side: 0 0 0 0 Building Setbacks, Minimum 11 (feet): 12 Rear abutting: 7 8777 Residential single family: 25/ 0 25 25 25 99 Intracoastal waterway: 25 25 0 0 12 Side abutting: 7 7, 8777 Residential single family: 25/ 0 25 25 25 Usable Open Space, Minimum 13 2% (square feet): 1.May be reduced if frontage extends from right-of-way to right-of-way. 2.Minimum of 50 feet, if frontage is on a collector/local collector roadway. 3.For property abutting the MU-H district located west of US 1, the area of increases in height, density and FAR shall extend a distance of 100 feet from the MU-H zoning district line and shall require conditional use approval. For properties abutting the MU-H district located east of US 1, the area of increase for height shall extend a distance of 100 feet from the MU-H zoning district line and shall require conditional use approval; however, no increases in density and FAR are allowed. Must also have principal frontage on Arterial roadway. 4.Must also have frontage on local collector or higher roadway classification. 5.Max. ht on any street frontage is 40 45 feet. Max. ht. on Intracoastal Waterway is 35 feet. Heights may require reduction where adjacent to a single- family zoning district where necessary to achieve the compatibility requirements of these regulations. 6.Max. ht. reduced to 125 feet for entire project where property abuts any MU-L or residential zoning district not separated by a right-of-way . 7.Plus one additional foot for each foot of height over 35 feet. 8.Where there is an intervening right-of-way of at least 40 feet. 9.Subject to permitting agency approval. 10.Buildings and structures shall be located no father than zero (0) feet from the property line, excluding those instances where strict adherence hereto would cause visual obstructions to vehicular traffic, particularly within the triangular-shaped area of property formed by the intersection of two (2) rights-of-way. See Section 5.C.2 below for additional relief provisions from build-to-line requirements. 11.Listed eligible Historic structures are not required to meet these standards. 12.The ultimate setback is also a factor of height and application of the Sky Exposure Plane in accordance with Section 5.C.3 below. 13.Usable open space shall be required for all developments two (2) acres in size or larger. A minimum of two percent (2%) of the site shall be devoted to usable open space, consisting of plazas or public open space, excluding private recreation. See Ch. 4, Art. III, Sect. 8. for additional regulations. 14.Projects within the Transit Core shall have minimum densities as follows: MU-1 – 11; MU-2 – 20; MU-3 – 30 and MU-H – 40 dwellings per acre (except that minimum density for the MU-H District applies to projects located within the entire Station Area). 15.Projects within the Transit Core shall have a minimum F.A.R. as follows: MU-L3 – 1.75 and MU-H – 2.5 (except that minimum F.A.R. for the MU-H District applies to projects to be located within the entire Station Area). 2. Minor and Major Variations to Build-to Line Requirements. Notwithstanding the required build- to line requirement of Note #10 above, portions of 186 of 430 buildings and structures may be constructed in excess of the distance specified in the above table, but not to exceed 15 feet in order to 1) optimize landscape design; 2) maximize on-site drainage solutions; 3) accommodate architectural features and building enhancements; or 4) to otherwise enhance public spaces such as sidewalks, plazas, fountains, or outdoor seating areas in order to further the purpose and intent of the Overlay Zone. Major deviations from the build-to line requirement above (in excess of 15 feet) may be allowed, but only with sufficient justification and contingent upon the approval of a Community Design Appeal application (see Chapter 2, Article II, Section 4.B). 3. Additional Standards. See Chapter 4, Article III, Section 6.H for additional standards related to urban design and building location for properties located within the Transit Core of a Station Area. Sky Exposure Plane. (1) No building shall exceed the maximum height limits or the Sky Exposure Plan except as delineated below in Section (3). (2) All buildings abutting a public right-of-way or peripheral to the development shall be built within the Sky Exposure Plane based on the ratio and street classification as follows; Zoning District Maximun height of Arterial or Collector Other Streets or frontage wall Street peripheral Vertical Horizontal Vertical Horizontal Distance Distance Distance Distance MU-H 40’ 5.7 to 1 11.4 to 1 MU-L3 40’ 4 to 1 8 to 1 MUL-2 40’ 3 to 1 6 to 1 MU-L1 35 1 to 1 2 to 1 (3) The following shall be deemed as allowable exceptions to the maximum height limits and Sky Exposure Plane requirements: 187 of 430 (a) Balcon(a) Balconies, unenclosed; (b) Elevator or stair bulkheads, screened HVAC equipment; (c) Ornamental towers having no floor area in any portion above the maximum height limit or Sky Exposure Plane; (d) Parapet wall, not more than five (5) feet in height. Part III. LDR, Chapter 4, Art. III, Section 6. Section 6. Design Standards for Development in Urban Areas. A. General… B.Building Location . Standards 1. General. The revitalization of urban places depends on safety and security, with building/street design having a symbiotic relationship. The location of a building and its proximity/interaction with the public realm is paramount when trying to create urban areas that have a “sense of place” that is consistent with smart growth principles and neo-traditional planning efforts. Development must adequately accommodate automobiles, but in ways that respect pedestrians and the forms of public space and gathering areas. 2. Standards. a. Each building shall meet the build-to line and reduced setback areas of the respective zoning district or Overlay Zone, whichever is applicable. The location of off-street parking areas is strongly discouraged between buildings and rights-of-way. However, in certain instances, this type of design may be impractical, and strict adherence may deter incremental improvements or upgrades to individual properties, which therefore, perpetuates the blighted conditions of the redevelopment areas. In these circumstances, deviations from the build-to line and reduced setback area requirements may be allowed, but only contingent the submittal of a Community Design Appeal application that satisfactorily addresses the evaluation criteria and when such application is approved by the City Commission. b. Within mixed-use and non-residential developments, structures proposed along arterial roadways shall be required to occupy the entire length of the street 188 of 430 frontage, notwithstanding adjustments for cross-visibility, and open areas devoted to public gathering or pedestrian circulation areas set aside for side corner yard setbacks and driveways needed to access the rear of the property. This building location requirement along the arterial roadway only applies to new construction or major site plan modifications to existing developments. Also see Chapter 4, Article II, Section 4.B.5 for additional streetscape design requirements. c. For properties fronting on arterial and collector roadways within the Station Area, building location and design shall contribute to a “streetwall” of pedestrian scale, so as to prevent any interruptions to building massing, except in limited circumstances to promote project functionality as determined by the Director of Planning & Zoning. Interruptions in the streetwall shall be limited to those necessary to accommodate pedestrian pass-throughs, public plazas, entry forecourts, and permitted vehicular access driveways when access is not available from a local street. C. Shade and Shelter Standards. 1. General. This region’s climate requires shade and shelter amenities in order to accommodate and promote pedestrian activity. These amenities will provide greater connectivity between sites and allow for a more continuous and walkable network of buildings. 2. Standards. A shaded sidewalk shall be provided alongside at least 50% of all building frontages adjacent to or facing an arterial or collector roadway or adjacent off-street parking area. When abutting off-street parking areas, the shaded sidewalk shall be raised above the level of the parking by way of a defined edge. Ramps for wheelchairs alongside the building must also be shaded. Building entrances shall be located under a shade device such as an awning or portico. D. Standards for Windows. Windows shall be located at pedestrian scale. E. Compatibility Standards. Proposed projects should compliment existing or approved adjacent mixed use projects in terms of height, color, style massing, and materials. F.Off-Street Parking Area Standards. 189 of 430 1. Types of Off-Street Parking Facilities. The four (4) types of off-street parking facilities regulated herein are as follows: Surface parking, understory parking, freestanding parking garages, and integrated parking garages. They are generally described as follows: a. Surface Parking. A parking area where there is no gross building area below or above the parking stalls, except for ancillary structures such as shade canopies or similar structures. b. Understory Parking Garage. An off-street parking area located below gross building area. Parking stalls are typically located on or below ground level. c. Freestanding Parking Garage. An off-street parking area located within a structure with two (2) or more levels, where the parking structure is the principal use of the building. Freestanding parking garages may include accessory habitable or non-habitable building areas located at ground level. d. Integrated Parking Garage. An off-street parking area located within a structure with two (2) or more levels, where the parking structure is the accessory use of the premises. Integrated parking garages are located within mixed-use developments and habitable gross building area is wrapped around the facility on all levels. 2. Standards for Mixed Use (Urban) Districts and Central Business District (CBD). This subsection shall be applicable to all new projects and major modifications to existing developments. Within “Urban Mixed-Use” districts, off-street parking areas shall be located to the rear or side of the structure they are intended to serve and screened from view from public streets, notwithstanding other provisions of these regulations that require a specific setback for a garage for a residential dwelling unit. The intent of these regulations is to emphasize buildings and pedestrian features within the streetscape and minimize the visual impacts of parking facilities. Where possible, parking areas should be located to the rear of a project. Also where possible, access to parking areas shall be from side streets, in order to minimize driveways and vehicular / pedestrian conflicts. The following standards shall apply to all properties located within Urban Mixed-Use districts as described in Section 6.B.2.a.(2) above: a. Surface Parking. Within the “Mixed-Use (Urban)” districts, surface parking should not be visible from an arterial or collector roadway. Structured parking is preferred for all mixed-use development. 190 of 430 b. Understory Parking Garage. Understory parking (on the first floor of a structure) is allowed throughout all “Mixed-Use (Urban)” districts. c. Freestanding Parking Garages. Freestanding parking garages are allowed within the “Mixed-Use (Urban)” districts provided that they do not have frontage on any arterial or collector roadway. The height of the freestanding parking garage may not exceed 75 feet in the MU-H district. All parking garages that front on arterial or collector roadways must be integrated into the development and designed as provided for in subparagraph “d” below. d. Integrated Garages. Parking garages that are incorporated into the same structure as a principal building, including structures providing parking on lower floors and habitable space on upper floors are permitted within every “Mixed-Use (Urban)” district. Habitable floor area must wrap all upper-levels of the parking structure where the structure has frontage along a public right-of- way or is abutting a single-family residential zoning district. The intent of the integrated garage is to border or wrap the parking structure with permitted habitable floor area, such as storefronts, to a minimum depth of 20 feet, so as to disguise the garage and create continuity in street- level activity by maintaining interest for pedestrians and passing automobile traffic. The remaining façade(s) of the integrated garage shall be constructed to appear as habitable floor area and designed compatible with the architecture of the adjacent structures within the subject development and abutting properties. Design elements used to disguise the garage may include features such as a living trellis (utilizing climbing vines), planter boxes, tall landscaping, shutters, and / or other architecturally articulated façade features in order to soften its impact. 3. Standards for the “Overlay Zones” and Boynton Beach Boulevard. The purpose and intent of this subsection is to prevent the placement of off-street parking areas between the front of the building and the rights-of-way, particularly in areas where build-to line and reduced setback areas are applicable. Within redevelopment areas, the location of off-street parking areas is strongly discouraged between building and rights-of-way. However, when a project is proposed in such a manner that building location(s) would deviate from respective build-to line 191 of 430 and reduced setback area requirements, resulting in a design that is contrary to the purpose and intent of Section 6.B above and this subsection, then that project shall be required to make upgrades to public realm and streetscape with simple but innovative urban design enhancements such as additional landscaping; pergolas/trellis-work/decorative structures; surface improvements to the pavement across driveways; short walls designed with benches and/or seating areas; public art; and the like, particularly in areas along the right-of-way where such deviations occur. 4. Standards for the Suburban Mixed-Use (SMU) District. a. Understory Garages. Understory parking (on the first floor of a structure) is allowed throughout the SMU district. b. Freestanding Garages. Freestanding parking garages are not allowed within the SMU district. All parking structures, excluding understory garages, shall be designed as an integrated garage as provided for in subparagraph “c” below. c. Integrated Garages. Parking garages that are incorporated into the same structure as a principal building, including structures providing parking on lower floors and habitable space on upper floors are permitted within the SMU district. Habitable floor area must wrap all upper- levels of the parking structure where the structure has frontage along an arterial roadway or is abutting a single- family residential zoning district. The intent of the integrated garage is to border or wrap the parking structure with permitted habitable floor area, such as storefronts, to a minimum depth of 20 feet, so as to disguise the garage and create continuity in street-level activity by maintaining interest for pedestrians and passing automobile traffic. The remaining façade(s) of the integrated garage shall be constructed to appear as habitable floor area and designed compatible with the architecture of the adjacent structures within the subject development and abutting properties. Design elements used to disguise the garage may include features such as a living trellis (utilizing climbing vines), planter boxes, tall landscaping, shutters, and / or other architecturally articulated façade features in order to soften its impact. 5. Miscellaneous Standards. 192 of 430 a. Number of Required Parking Spaces. Required parking for all uses shall be as set forth by Chapter 4, Article V, Section 2. b. Off-Site Parking. Off-street parking spaces may be allowed off-site but with a maximum distance in accordance with Chapter 4, Article VI, Section 4.D.2. c. Interconnectivity. Interconnectivity between off-street parking areas, including drive aisles and pedestrian connections shall be planned for and designed in accordance with Chapter 4, Article VI, Section 4.D.3. d. Off-Street Parking for Large Non-Residential Development (Big Box). See Section 7.J below for additional regulations regarding off-street parking lot locations for large non-residential (big box) developments. e. Trash Collection Points. (1) Screening. See Chapter 4, Article VI, Section 4.C for additional regulations regarding the appropriate location and screening of trash collection areas. (2) Landscaping. See Chapter 4, Article II, Section 6.G for additional regulations regarding the landscaping of trash collection areas. f.Off-Street Parking for Station Area. See Section 6.H below for additional standards regarding off- street parking areas located within the Station Area. G. Sidewalks. The following regulations shall apply to sidewalks: 1. “Urban Mixed Use” Districts. The following regulations shall apply to sidewalks in all Urban Mixed Use zoning districts as described in Section 6.A.2.a(2) above: a.Materials. Sidewalks shall, where practical, be Holland-Stone pavers, red/charcoal color mix 2 by Paver Systems, Inc., or equal, laid in a 4 S herringbone pattern to continue the consistent with the current design elements in place along Federal Highway. b.Design. Pedestrian circulation should be carefully planned to prevent pedestrian use of vehicular ways and parking spaces. 193 of 430 In all cases, pedestrian access shall be provided to public walkways. 2.Mixed Use-High Intensity (MU-H) District. Sidewalks constructed along arterial roadways shall be a minimum of ten (10) feet wide, measured from the back of the curb. 3. Mixed Use Developments . Sidewalk accents via pavers or stamped colored concrete shall be utilized in all central pedestrian ways of mixed-use development areas. H. Design and Architectural Requirements for Mixed Use (Urban) and Central Business Districts. 1. Purpose and Intent. The purpose of this subsection is to encourage traditional building architecture and urban design through both standards and guidelines that are based on the principal that a building is composed of the following three distinct parts: the “base”; the “middle”; and the “top.” The functional and visual values of a building are measured and achieved through proper design of each component through human scale and “friendliness,” appropriate traditional materials, architectural rhythm, classical vertical proportions, appropriate “solid to void” ratio, and uniqueness. 2. Applicability. The standards of this subsection shall be applicable to properties located within the Mixed Use and Central Business Districts as defined in Chapter 1, Article II Definitions. 3. Generally. a. Project design shall not be an independent component in the downtown, but instead designed as an integral component linking seamlessly pedestrian and vehicular circulation with other developments, adjacent neighborhoods, nearby amenities and infrastructure. b. Appropriate transitions between new and existing buildings shall be provided. c. Architectural design shall incorporate multiple architectural rhythms in the building facades, appropriate “traditional,” “solid-void ratio,” classical vertical proportions, and step-backs in tower components. d. Projects shall contribute to “placemaking” with enhanced building corners, defining components to building tops, and diversity in the use of materials, building 194 of 430 articulation, and building colors that contribute and accentuate the building hierarchy and different components. 4. Building Anatomy. Design buildings/projects based on traditional architecture, recognizing the “Base/Middle/Top Building Hierarchy.” a. Base. The “base” is the most important part of the building design, which is that component that represents the streetscape or “streetwall.” (1) The base should be characterized by having all elements enhance the pedestrian environment to which it is exposed, with high transparency, including windows, entries, canopies, awnings, courtyards, and elements of pedestrian interest such as retail stores, storefront show windows and landscape elements. (2) The height of the base is a factor of overall building height and scale of the streetscape environment. The base will vary between approximately 30 feet and 45 feet depending on the zoning district, overall project height and scale of the abutting roadway. b. Middle. The “middle” of the building should include the expression of the primary building uses. The “middle” of the building shall include multiple architectural rhythms derived through step-backs, changes in plane, changes in materials or colors, window types, window sizes, pairing or multiples of windows, oriel windows and by shutters and other detailing. Typically there should be more solid wall than window opening to maintain the traditional character. Mirrored and/or deeply colored glass should be avoided, as well as horizontal banding of windows and/or a regular horizontal expression of floor slabs. c. Top. The “top” of a building tower terminates the building at the sky, and defines a skyline. (1) Towers shall be placed to allow views between towers and allow natural light to penetrate the lower building levels and the street below. The building top achieves its character through the design of cornices, step backs, and changes in scale, geometric elements and materials or textures. 195 of 430 (2) Projects with tower elements shall be designed to maximize separation between project towers and between towers on abutting projects to ensure protection of views and privacy, and minimize the negative effects of shadowing. 5. Public Pedestrian Entrances. The main public entrance into a building shall be located on facades that front on arterial and collector roadways. Vehicular driveways/openings and curb cuts shall be relegated to local streets. 6. Off-Street Parking. Except for on-street parking, off- street parking areas shall not be visible from abutting arterial or collector roadways. 196 of 430 197 of 430 PROPOSED LDR AMENDMENTS 2.Flood Prevention Requirements – Finished Floor Elevation and Freeboard Standards Sec. 1. General. A. Short Title. This article shall hereafter be known and cited as the "City Flood Prevention Code." B. Purpose and Intent. It is the purpose of this article to promote the public health, safety, and general welfare and to minimize public and private losses due to flood conditions in specific areas. 1. Objectives. The specific objectives of this article are: a. To protect human life and health; b. To minimize expenditure of public money for costly flood-control projects; c. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; d. To minimize prolonged business interruptions; e. To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; f. To help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize future flood-blight areas; and, g. To insure that potential homebuyers are notified that property is in a flood area. 2. Methods of Reducing Flood Loss. In order to accomplish its objectives, this article includes methods and provisions that are designed to: a. Restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; b. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; c. Control the alteration of natural floodplains, stream channels and natural protective barriers which are involved in the accommodation of flood waters; d. Control filling, grading, dredging and other development which may increase erosion or flood damage; and e. Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands. C. Administration. 1. Administrator. The Building Official shall have the authority to interpret and administer this article. 198 of 430 2. Duties. Duties of the administrator or his designee shall include, but not be limited to: a. Review all development permits to assure that the permit requirements of this article have been satisfied. b. Advise permittee that additional federal or state permits may be required, and if specific federal or state permits are known, require that copies of such permits be provided and maintained on file with the development permit. c. Notify adjacent communities and the state department of community affairs prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency (FEMA). d. Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished. e. Verify and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, in accordance with Chapter 2, Article IV, Section 2. f. Verify and record the actual elevation (in relation to mean sea level) to which the new or substantially improved structures have been flood proofed, in accordance with Chapter 2, Article IV, Section 2. g. In coastal high hazard areas, certification shall be obtained from a registered professional engineer or architect that the structure is securely anchored to adequately anchored pilings or columns in order to withstand velocity waters and hurricane wave wash. h. In coastal high hazard areas, the administrator shall obtain certification for the adequacy of breakaway walls in accordance with Section 3.C.8. below. i. When flood proofing is utilized for a particular structure, the administrator shall obtain certification from a registered professional engineer or architect. j. Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), the administrator shall make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Chapter 1, Article VII, Section 1.D.2. k. When base flood elevation data has not been provided in accordance with Section 1.D. below, the administrator shall obtain, review, and reasonably utilize any base flood elevation data available from a federal, state, or other source, in order to administer the provisions of Section 3 below. The finished floor elevation of all habitable space in new construction, not located in a flood zone, shall be elevated a minimum of twelve (12) inches above the crown of any adjacent roadway. l. All records pertaining to the provisions of this article shall be maintained in the Department of Development and shall be open for public inspection. D. Applicability. This article applies to all areas of special flood hazard within the jurisdiction of Boynton Beach, Florida. Those areas are identified by the Federal Emergency Management Agency in its Flood Insurance Rate Map (FIRM) 120196 0001-0005, dated 199 of 430 September 30, 1982, and any revisions thereto are adopted by reference and declared to be a part of this section. E. Terms and Definitions. See Chapter 1, Article II for all applicable terms and definitions which pertain to the regulations and standards contained herein. F. Rules. 1. Compliance. No structure or land shall hereafter be located, extended, converted, or structurally altered without full compliance with the terms of this article and other applicable regulations. 2. Abrogation. This article is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this article and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail. 3. Interpretation. In the interpretation and application of this article all provisions shall be: a. Considered as minimum requirements; b. Liberally construed in favor of the governing body; and c. Deemed neither to limit nor repeal any other powers granted under state statutes. G. Conflict. Whenever the regulations and requirements of this Code conflict with any other lawfully enacted and adopted rules, regulations, ordinances, or laws, the most restrictive shall apply, unless otherwise stated herein. H. Relief from Requirements. Unless described otherwise, any deviation from the flood prevention regulations contained herein shall require approval of variance application, which is subject to review and approval by the Building Board of Adjustment and Appeals. A request for a variance shall be reviewed in accordance with Chapter 2, Article IV, Section 4. I. Warning and Disclaimer. The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by man-made or natural causes. This article does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This article shall not create liability on the part of the city, or by any officer or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder. Sec. 2. City Approval Required. Flood zone elevation certification shall be required for improvements in applicable flood zones, and reviewed in accordance with the procedures set forth in Chapter 2, Article IV, Section 2 for any type of building permit application that upon its completion, would result in the issuance of a certificate of occupancy. Sec. 3. Requirements. A. Areas of Special Flood Hazard. In all areas of special flood hazard the following provisions are required: 1. Anchors. 200 of 430 a. New Construction and Substantial Improvements. All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure. b. Manufactured Homes. Manufactured homes shall be anchored to prevent flotation, collapse or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable state requirements for resisting wind forces. 2. Materials. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. 3. Design. a. All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage. b. Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. c. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. d. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters. 4. On-Site Waste Disposal Systems. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. 5. Miscellaneous. Any alteration, repair, reconstruction or improvements to a structure which are in compliance with the provision of this article, shall meet the requirements of "new construction" as contained in this article. 6. Flood Elevation Data Provided. Higher Regulatory Standards/Freeboard Requirements. In all areas of special flood hazard where base flood elevation data has been provided as set forth in this article, the following provisions are required: a. Residential Construction. New construction or substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or twelve inches above the base flood elevation. Additions and/or substantial improvements of any residential structure shall have the lowest floor, including basement, elevated to the base flood elevation. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of flood waters shall be provided in accordance with standards of Section 3.A.6.c. below. b. Non-Residential Construction. New construction or substantial improvement of any commercial, industrial, or other non-residential structure shall have the lowest floor, including basement, elevated to the level of twelve inches above the base flood elevation. Additions and/or substantial improvements of any commercial, industrial, or other non- residential structure shall have the lowest floor, including basement, elevated to the base flood elevation. Structures located in all A-zones may be flood proofed in lieu of being elevated provided that all areas of the structure below the required elevation are watertight and with walls 201 of 430 substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification shall be provided as set forth in Chapter 2, Article IV, Section 2.B. The finished floor elevation of all habitable space in new construction, not located in a flood zone, shall be elevated a minimum of twelve (12) inches above the average crown height of the adjacent roadway. The finished floor elevation of all habitable space in additions and/or substantial improvements, not located in a flood zone, shall be no lower than the existing finished floor elevation. c. Elevated Buildings. (1) New construction or substantial improvements of elevated buildings that include fully enclosed areas formed by foundation and other exterior walls below the base flood elevation shall be designed to preclude finished living space and designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls. Designs for complying with this requirement must either be certified by a professional engineer or architect or meet the following minimum criteria: (a) Provide a minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding; (b) The bottom of all openings shall be no higher than one (1) foot above grade; and (c) Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwaters in both directions. d. Electrical, plumbing and other utility connections are prohibited below the base flood elevation; e. Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator); and f. The interior portion of such enclosed area shall not be partitioned or finished into separate rooms. B. Floodways. The following provisions shall apply to floodways within areas of special flood hazard established hereinbefore: 1. Prohibit encroachments including fill, new construction, substantial improvements, and other development unless certification (with supporting technical data) by a Florida registered engineer is provided demonstrating that encroachments shall not result in any increase in flood levels during occurrence of the base flood discharge. 2. If Section 3.B.1. above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this article. 3. Prohibit the placement of any manufactured homes (mobile homes) except in an existing manufactured home (mobile home) park or subdivision. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided the anchoring standards and elevation standards outlined hereinbefore are met. 202 of 430 C. Coastal High Hazard Area (V Zones). Located within the areas of special flood hazard established herein are areas designated as coastal high hazard areas. These areas have special flood hazards associated with wave wash; therefore, the following provisions shall apply: 1. All buildings or structures shall be located landward of the reach of the mean high tide and the Coastal Construction Line. 2. All buildings or structures shall be elevated so that the lowest supporting member (excluding pilings or columns) is located no lower than the base flood elevation level, with all space below the lowest supporting member open so as not to impede the flow of water. Open lattice work or decorative screening may be permitted for aesthetic purposes only and must be designed to wash away in the event of abnormal wave action. 3. All buildings or structures shall be securely anchored on pilings or columns. 4. All pilings and columns and the attached structures shall be anchored to resist flotation, collapse, and lateral movement due to the effect of wind and water loads acting simultaneously on all building components. The anchoring and support system shall be designed with wind and water loading values which equal or exceed the one hundred (100)-year mean recurrence interval (one percent (1%) annual chance flood). 5. A Florida registered engineer or architect shall certify that the design, specifications and plans for construction are in compliance with the provisions contained in Sections 3.C.2. through 4. above. 6. No fill shall be used as structural support. Non-compacted fill may be used around the perimeter of a building for landscaping/aesthetic purposes provided the fill will wash out from storm surge, (thereby rendering the building free of obstruction) prior to generating excessive loading forces, ramping effects or wave deflection. The Department of Development shall review design plans for landscaping/aesthetic fill only after the applicant has provided an analysis by an engineer, architect and/or soil scientist, which demonstrates that the following factors have been fully considered: a. Particle composition of fill material does not have a tendency for excessive natural compaction; b. Volume and distribution of fill will not cause wave deflection to adjacent properties; and c. Slope of fill will not cause wave run-up or ramping. 7. There shall be no alteration of sand dunes or mangrove stands which would increase potential flood damage. 8. Lattice work or decorative screening shall be allowed below the base flood elevation provided they are not part of the structural support of the building and are designed so as to breakaway, under abnormally high tides or wave action, without damage to the structural integrity of the building on which they are to be used and provided the following design specifications are met: a. No solid walls shall be allowed; and b. Material shall consist of wood or mesh screening only. 9. If aesthetic lattice works or screening are utilized, such enclosed space shall not be 203 of 430 used for human habitation. 10. Prior to construction, plans for any structure that will have lattice work or decorative screening must be submitted to the development department for review. 11. Prohibit the placement of manufactured homes (mobile homes), except in an existing manufactured home (mobile home) park or subdivision. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided the anchoring and elevation standards of this chapter are met. 12. Any alteration, repair, reconstruction or improvement to a structure shall not enclose the space below the lowest floor except for lattice work or decorative screening, as provided for in Section 3.C.8. and 9. above. D. Areas of Shallow Flooding (AO) Zones). Located within the areas of special flood hazard established in Section 1.F D. are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of one (1) to three (3) feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate; therefore, the following provisions apply: 1. Residential Structures. All new construction and substantial improvements of residential structures, and services systems shall have the lowest floor, including basement, elevated to the depth number specified on the flood insurance rate map, in feet, above the highest adjacent grade. If no depth number is specified, the lowest floor, including basement, of new construction shall be elevated at least two (2) feet above the highest adjacent grade or average crown of road, whichever is higher. For additions and/or substantial improvements the lowest floor, including basement shall be no lower than the existing finished floor elevation. 2. Non-residential Structures. All new construction and substantial improvements of non-residential structures shall: a.Have the lowest floor, including basement and services systems elevated to the depth number specified on the flood insurance rate map, in feet, above the highest adjacent grade. If no depth number is specified, the lowest floor, including basement, of new construction shall be elevated at least two (2) feet above the highest adjacent grade or average crown of road, whichever is higher. For additions and/or substantial improvements the lowest floor, including basement shall be no lower than the existing finished floor elevation. b.Be completely flood proofed to or above that level so that any space below that level has watertight walls substantially impermeable to the passage of water; structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and utility and sanitary facilities completely flood proofed. E. Subdivision Standards. The following provisions shall apply for all subdivision proposals: 1. All subdivision proposals shall be consistent with the need to minimize flood damage. 2. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. 3. All subdivision proposals shall have adequate drainage provided to reduce exposure 204 of 430 to flood hazards. 4. Base flood elevation data shall be provided for subdivision proposals and other proposed development which contains more than fifty (50) lots or is larger than five (5) acres. F. Small Streams. Where small streams exist, but where no base flood data has been provided or where no floodways have been provided, the following provisions apply: 1. Encroachments. No encroachments, including fill material or structures, shall be located within a distance of the stream bank equal to five (5) times the width of the stream at the top of bank or twenty (20) feet on each side from top of bank, whichever is greater unless certification by a Florida registered engineer is provided demonstrating that such encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. 2. Construction and Improvements. New construction or substantial improvements of structures shall be elevated or flood proofed in accordance with elevations established in accordance with Section 1.C.2.k. above. Sec. 4. Penalties. The city or any other legal authority shall enforce any violation of this article pursuant to the penalty provisions contained in Chapter 1, Article I, Section 7 of these Land Development Regulations. 205 of 430 PROPOSED LDR AMENDMENTS 3. Parking requirements applicable to adaptive reuse projects Part III. LDR, Ch. 4, Art. V. Minimum Off-Street Parking Requirements Sec. 2. Standards, A. 3. Location of Off-Street parking Areas. b. Amend to read – Non-residential. Required parking spaces for all non-residential uses shall be owned by the owner of the building or lot to be served, and shall be located on the same lot, or not more than three hundred (300) feet distance, as measured along the nearest pedestrian walkway unless the property is located within those areas defined within the Adaptive Re-use section of the code (Chapter 4, Article 5, Section 4). In those areas, required parking spaces may be leased within 300 feet of the use in which they serve, subject to Board and City Commission approval, and the property shall be posted with signage indicating to patrons the location of the leased parking. Part III. LDR, Ch. 4, Art. V, Sec. 2. C (Minimum Off-Street Parking Requirements) Table 4-3. Commercial and Health Care/Office Uses Amend footnote #2 – Indoor child play areas shall be excluded for this purpose if such areas are designed/delineated separate from dining areas and if twenty percent (20%) or less than the gross floor area of the restaurant. No additional parking spaces are required for outdoor seats associated with a standalone business provided that the number of outdoor seats is twenty percent (20%) fifty percent (50%) or less than the total number of indoor seats. Additional parking spaces shall be required for outdoor seats in excess of this threshold. For multi-tenant and shopping center developments, no additional parking shall be required for outdoor seating. Part III. LDR, Ch. 4, Art. V, Sec. 3. Special Reductions in Req’d Off-Street Parking. E.Payment in Lieu of Parking . The payment in lieu of parking option is applicable within the Central Business District (hereinafter CBD) or subsequent zoning districts established to supplement or replace the CBD, and properties, and property assembled with properties as one site, that front on that segment of Ocean Avenue extending west from the CBD to Seacrest Boulevard and those areas described under Section 4. “Exceptions to Providing Required Off-Street Parking”, A. “Adaptive Re-Use”, below. 1.Applicability. Within this these areas, at the time of any new building construction, off- street parking spaces shall be provided as required by this article and Chapter 3, Article III, Section 3.E. 2. Fee (Method of Assessment). Up toten percent (10%) of the required parking for new construction and twenty-five percent (25%) of the parking required under the Adaptive Re-use provisions below in Section 4, as set forth in this subsection, may be satisfied in whole or part by the payment of a nonrefundable parking improvement fee in lieu of the provisions of the required off-street parking spaces. Parking improvement fees shall be assessed as follows: 206 of 430 The engineer for the applicant shall submit a signed and sealed cost estimate for the construction of structured parking spaces. The estimate shall be broken down by individual spaces, including design, land, and construction cost. If necessary, an outside professional may be retained by the City to review the applicant’s cost estimate. The applicant shall pay the retainer fees associated with the review of the cost estimate by the City’s consultant. Once reviewed and accepted by the City Engineer or designee, the parking improvement fee in the amount of 110% of the estimate shall be paid to the City in full, prior to the issuance of the first building permit for the project. Parking improvement fees shall be paid into the City of Boynton Beach Parking Trust Fund, and are subject to use by the City for parking related improvements in the geographic areas to which this subsection applies. 3. Additional Requirements. Whenever a payment in lieu of parking is authorized and accepted, the following additional requirements shall apply: a. Any off-street parking arrangement satisfied in this manner shall run with the land, and any subsequent change of use which requires more parking shall require recalculation of the payment in lieu of parking fee. b. No refund of payment shall be made when there is a change to a use requiring less parking. 4. Parking Trust Fund. In addition to land acquisition and the construction of parking spaces, the funds collected may be used to inform the public about parking resources or transit programs, as well as to promote alternative programs intended to alleviate parking congestion, such as the use of the City’s a trolley or shuttle system or the construction of bicycle lane facilities. F.Ocean Avenue Overlay Zone. See Chapter 3, Article III, Section 8.D for specific additional off-street parking provisions regarding the Ocean Avenue Overlay Zone. Part III. LDR, Ch. 4, Art. V. Minimum Off-Street Parking Requirements Section 4.Exceptions to Providing Required Off-Street Parking. A. Adaptive Re-Use 1. Applicability . The following described areas shall be eligible for specific parking reductions based upon adaptive re-use, including modifications, of existing buildings: For existing structures within the Central Business District (CBD) or subsequent zoning districts established to supplement or replace the CBD, and any parcel or parcels of land assembled by unity of title located within the Ocean Avenue Overlay Zone (OAOZ), no additional parking shall be required where: a. Ocean Avenue Overlay Zone (OAOZ), as defined in Chapter 3, Article III, Section 8.D. No additional parking shall be required where: 207 of 430 1. The structure is enlarged in a manner not exceeding a cumulative total of one hundred percent (100%) of the existing gross floor area; or 2. The capacity of the structure is increased by adding subordinate dwelling units, or floor area within the existing building envelop, or seats; or 3. The use of a structure is changed.; or 4. The number of seats for eating and drinking establishments is increased by up to 50% of the existing total or up to 40 seats are provided where the previous use had none. b. CBD andC-4 parcels fronting on Federal Highway and those located between Federal Highway and the FEC RR right-of-way, C-2 parcels fronting on Boynton Beach Boulevard between Seacrest Boulevard and I-95 and C-3 parcels fronting on Boynton Beach Boulevard between Seacrest Boulevard and the FEC RR right- of-way. A reduction of 50% of the required parking, up to a maximum of ten (10) parking spaces, may be granted where: 1. The structure is enlarged in a manner not exceeding a cumulative total of one hundred percent (100%) of the existing gross floor area; or 2. The capacity of the structure is increased by adding subordinate dwelling units, or floor area within the existing building envelop; or 3. The use of a structure is changed; or 4. The number of seats for eating and drinking establishments is increased by up to 50% of the existing total or up to 40 seats are provided where the previous use had none. 2. Exemptions. The provisions of this subsection do not apply to the following uses: a. Multi-family residential uses and structures and Group Homes. b. Churches, temples and other places or worship. c. Theaters, auditoriums, meeting halls, and other places of assembly. d. Clubs, lodges and fraternal organizations. e. Hotels and Motels f. Schools and Daycare 208 of 430 3.Additional Requirements/Restrictions. The following requirements and restrictions are applicable to all properties considered under the Adaptive Re-use provisions above: a.Required parking spaces may not be eliminated to accommodate building expansions. b. Parking spaces that back out onto collector or arterial roadways shall be removed as part of any site improvements utilizing these Adaptive Re-use provisions. c. Required parking spaces may be leased within 300 feet of the use in which they serve, subject to Board and City Commission approval, and the property shall be posted with signage indicating to patrons the location of the leased parking. Part III. LDR, Ch. 4, Art. VI. Parking Lot, Vehicle Use Areas, and Loading Standards, Sec. 4. Community Design, D. 2 c. Amend to read – Lease Arrangements. Lease arrangements to provide required parking spaces shall be subject to approval by the applicable advisory board after review and recommendation by staff. Within the areas defined in the Adaptive Re-use section of the code (Chapter 4, Article 5, Section 4), required parking spaces may be leased within 300 feet of the use in which they serve, subject to Board and City Commission approval, and the property shall be posted with signage indicating to patrons the location of the leased parking. 209 of 430 10. A CITY MANAGER’S REPORT May 7, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 7, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Review compressed work-week schedule at City EQUESTED CTION BY ITY OMMISSION Hall. ER: The City Commission has asked to review the continued XPLANATION OF EQUEST desirability of operating City Hall on a compressed schedule, or four-day work week. This report will provide the Commission background and data to help the Commission determine if it is not only desirable, but appropriate, to return to a five-day work week in order to reinstate City Hall office hours on Fridays and whether or not to return to public hours at the Library on Fridays. Background In June of 2009, after careful review the City Commission decided to implement a compressed work schedule. This was done for two specific reasons. First, the City was seeking all possible budget reductions and secondly, the City was in the process of developing its Climate Action Plan with an eye toward reduction of carbon based emissions. Budget Reduction – Staff anticipated a budget reduction of $140,000 per year comprised of energy, custodial, personnel and vehicle savings. Emission Reduction – Obvious reduction in our KWH of electricity consumed would have a corresponding effect on reduction of emissions. 210 of 430 During its February 2, 2010 Commission Meeting, the Commission reviewed staff assumptions to determine if the cost reduction goals were being achieved and further evaluated the impacts on the public and its access to public services. The agenda item and the minutes of the February 2, 2010 Commission Meeting are attached for review by the current City Commission The Commission learned that nearly 328,000 KWH of electricity had been saved over a five month sample period yielding nearly $78,000 in cost reduction. Other potential savings were on track to bring the total savings to slightly over $140,000 per year. Furthermore, review of public impact showed that the public was beginning to learn and accept closure of City Hall and the Library on Fridays while, at the same time, the Development Department showed that 18% of their customers were utilizing the early morning and late afternoon hours. In February 2010 the City Commission decided to maintain the compressed work schedule at City Hall. During subsequent annual budget reviews, there were many competing interests for available funds and the Commission has chosen to retain the compressed work schedule ever since. Current Status The City Commission wishes to explore options that restore a five-day work week at City Hall and reinstate Library hours on Friday. In order to analyze this request, staff has conducted additional research and offers the following points to consider: Energy savings (Climate Action Plan impact). 1. Staff has compared energy consumption for the City Hall electric bill for the same five month period that was evaluated in 2008 and 2009. Staff finds that the reduction in electric consumption is 267,360 KWH for these five months. This correlates to a significant reduction in energy consumption and is, thus far, likely the leading contributor towards the City meeting its goals set forth in the Climate Action Plan. The Climate action plan states: 4.1.3 City’s Vehicle Fleet and Employee Commuting #11: Implement compressed 4-day workweek for City employees (already implemented by City). This has resulted in a reduction in VMT and GHG emissions due to reduced vehicle usage as well as reduced electrical consumption by the City. Note that above goal also refers to emission reduction by reducing the number of vehicle miles travelled (VMT) of employees. This is accomplished easily in that four-day work weeks involve 8 employee trips and five-day work weeks involve 10 employee trips. This saves employees 20% in their commute expenses and fuel consumption. Furthermore, these trips are during hours of the day that do not coincide with morning and afternoon peak periods on arterial roadways. Electric Expense – City Hall. 2. Staff finds that for the same five month period referenced that actual electric expense at City Hall is down around $110,000 annually. This savings is greater than was initially anticipated. Staff acknowledges that some savings is likely attributed to installation of room 211 of 430 occupancy sensors and installation of a more efficient HVAC chiller unit. Thus, some savings would be realized even on a five-day work schedule. Other Savings – City Hall. 3. Staff had anticipated savings in city vehicle fuel consumption, custodial expenses and personnel costs. Each of these parameters is minimal at best and has proven difficult to measure. Staff estimates these costs are no more than $10,000 per year. Library Expense. 4. Staff has evaluated the impact of work schedules on the Public Library as well given the potential to reinstate public hours on Fridays. This will involve reinstatement of staff hours and electric expense. Craig Clark, Library Director, evaluated this and found that the budget impact to remain open on Fridays would be around $137,300. This is comprised of $99,564 in personnel costs, $15,000 in energy cost, and $17,536 for one additional day of Police detail on overtime. Customer Impact 5. . It is critical to evaluate whether or not City Hall hours impact the customer (general resident visits) in either a positive or negative way. Staff has found some customers that appreciate being able to conduct business with the City during early morning or late afternoon periods when they are not working. However, public perception regarding the lack of Friday hours is difficult to assess. One must rely on anecdotal evidence or simply what has been relayed by the public. Obviously the public would likely appreciate the reinstatement of Friday hours at the Library. Additionally, the relationship between City Hall hours and Police lobby hours must be considered. Many Police Department lobby customers must utilize the services of the City Hall cashier. If City Hall remains on the four-day work schedule, then the Police lobby should as well. The impact of office hours on the business customer is viewed from a different perspective than that of the general public visitor. The vast majority of business customers avail themselves to services in the Building Department. City staff conducted a survey of 127 public/customers from both City Hall (110) and the West Wing (17). Of this total, 80 respondents polled prefer that the City maintain the compressed work schedule of four-day work weeks with longer daily office hours. By contrast, 24 respondents preferred traditional office hours of 7 am to 5 pm on a five-day basis. Based upon this initial, albeit small, sample it appears there is public/customer preference to continue with the existing four-day schedule. Employee Impact 6. . Last, but not least, any reversion to a five-day work week should again consider the needs of the employees much as was done in 2009 when the four-day week was implemented. During initial implementation, the City recognized that by imposing the four-day schedule upon employees that many employees would need to modify personal matters such as day care. Employees adapted and have become accustomed to the four-day schedule and would need to once again adjust personal schedules to accommodate a five-day work week. 212 of 430 As was done in 2009, City Human Resources staff conducted a survey of employees to learn of their concerns and issues should the City return to a five- day work week. Julie Oldbury, Human Resources Director, reportsthat of the 83 employees responded to the survey, 77 employees indicated that overall they prefer the four day work week, and 6 employees indicated they do not prefer this schedule. Over 50% of respondents indicated that it would be difficult or extremely difficult to transition to a five day work week due to pre-arranged personal commitments, dependent (child care/elder care) arrangements, school schedules, or supplemental secondary employment. And 75 of the 83 employees indicated that they feel the four day work week has increased their work productivity. (Entire survey results attached). Summary Impact on the budget and customers are the two most determinant factors. Yet, as has been the case since 2009 the budget impact will likely drive this discussion. The cost to reinstate a five-day work week and Friday Library hours are as follows: City Hall $120,000 per year Library $137,300 per year. Staff encourages Commission and public dialogue on this matter. Staff further recommends that the referenced potential changes be discussed as alternates during Commission budget discussions this summer. In that way, these possible added costs can be considered equally with other City program needs. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT City Hall $120,000 per year Library $137,300 per year. A: Maintain four-day work week and thereby continue to keep City Hall and LTERNATIVES the Library closed on Fridays; Consider opening City Hall only on Fridays; Consider opening the Library only on Fridays. 213 of 430 214 of 430 215 of 430 216 of 430 217 of 430 218 of 430 219 of 430 220 of 430 221 of 430 222 of 430 223 of 430 224 of 430 225 of 430 226 of 430 227 of 430 TO: Lori LaVerriere, City Manager FROM: Julie Oldbury, Director of Human Resources DATE: April 30, 2013 RE: Summary of Employee Survey An employee survey was conducted for employees who currently work four (4) ten (10) hour days in City Hall buildings. 83 employees responded to the survey. 61 employees indicated that this schedule had either been implemented prior to their hire date, or, upon implementation it was a smooth transition with minimum disruption to them. 20 employees indicated that the initial transition was challenging, but now that they have adjusted, they are pleased with the schedule. 2 employees indicated this schedule continues to be difficult for them. If City Hall were to re-open five (5) days a week, the following hours of operation are what the employees responded would be most easy for them to adjust: 7:00 – 4:00 (49) 7:30 – 4:30 (15) 8:00 – 5:00 (15) 8:30 – 5:30 ( 3) 9:00 – 6:00 ( 1) Employees indicated the following hours are when they have the highest volume of direct customer contact: 7:00 – 8:00 (29) 8:00 – 9:00 (26) 9:00 – 11:00 (47) 11:00 – 1:00 (35) 1:00 – 3:00 (35) 3:00 – 4:00 (26) 4:00 – 5:00 (12) 5:00 – 6:00 (11) The majority of customer contact as indicated above occurs during the hours of 7:00 – 4:00. 77 employees indicated that overall they prefer the four day work week, and 6 employees indicated they do not prefer this schedule. Over 50% of respondents indicated that it would be difficult or extremely difficult to transition to a five day work week due to pre-arranged personal commitments, dependent (child care/elder care) arrangements, school schedules, or supplemental secondary employment. 75 of the 83 employees indicated that they feel the four day work week has increased their work productivity. The following include the most common responses:  Less absence from work due to scheduling personal business/medical appointments on Fridays that employees would otherwise have to do during working hours.  More able to concentrate/focus on projects with less interruptions at the beginning of or ending of the extended work day. 228 of 430  Less disruption with technology as system maintenance can be run on Fridays. Additional feedback favoring the four day versus five day work weeks included the following common responses:  Employees who are also Boynton Beach residents indicated that their neighbors/other citizens comment that the extended hours provide them the opportunity to conduct their City business before or after their normal working hours.  The reason the City changed to the four day work week was to save money on electricity.  The reason the City changed to the four day work week was to support our “green initiatives” and “Climate Action Plan.”  Commuting during “off peak” hours saves a lot of time traveling.  Less money spent on gas (due to one less day commuting) helps employees as gas prices are rising.  Ability to work a part time job to supplement income as employees have not received a pay increase in over 4 years.  Ability to help care for dependent children and/or aging parents (family) on Fridays.  Consider scheduling that allows for City Hall to be open on Fridays, yet allow employees to rotate working on Fridays (i.e. having every other Friday off). 229 of 430 10. B CITY MANAGER’S REPORT May 7, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 7, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Discuss the feasibility of constructing a dog park. EQUESTED CTION BY ITY OMMISSION ER: At the request of Commissioner Casello, staff reviewed XPLANATION OF EQUEST information it had gathered as part of similar commission request in 2010 regarding the development of a dog park. The following is a narrative of that information. In summary, a dog park is a park for dogs to exercise and play off-leash in a controlled environment under the supervision of their owners. These parks have varying features, although they typically offer a 4' to 6' fence; separate, double-gated entry and exit points; adequate drainage; benches for humans; shade for hot days; parking close to the site; water; tools to pick up and dispose of animal waste in covered trash cans; and regular maintenance and cleaning of the grounds. They generally have to be divided into three areas; one for small, one for big dogs and one area at which the sod (ground cover) can rest. For comparative purposes, staff looked at Lake Ida Dog Park, which is a facility managed by Palm Beach County, and located in Delray Beach, just east of Congress Avenue off of Lake Ida Road. This is Dog Park is approximately 3.5 acres and includes the following features:  2 large dog sections (one open at a time on rotation basis for rest and maintenance)  1 small dog section  Double gated entry  Paved dog wash station 230 of 430  Fido fountain  Dog bag dispensers  Covered trash cans  Restrooms  Parking  Benches In 2010/11, it cost the County approximately $100,000 to maintain Lake Ida Dog Park. Development cost would obviously vary depending on the site, but a rough estimate for a 3-4 acre dog park is approximately $48,000, which would include the following elements:  Fence/Dividing - $20,000  Double gate system x 2 = $1,500  Canine drinking fountain = $4,000  Human drinking fountain = $4,000  Plumbing = $1,000  Dog bag dispensers x 4 = $1,400  Benches x 6 = $6,000  Trash receptacles x 6 = $5,100  Misc. Landscaping = $5,000 It is recommended that, with this information in mind, if further contemplation regarding the development of a similar facility within the City limits of Boynton Beach is to occur, that it would begin by receiving feedback from the Recreation & Parks Advisory Board, as was done in done in 2011. On an annual basis, this Advisory Board reviews the inventory of undeveloped park sites within the City, and creates a list of development priorities, i.e. if funding were available, which of these sites should be developed first. The Board does this by looking at the entire parks system throughout the city, and analyzing which parts of the City may be lacking developed green space. The board can also provide feedback regarding which of the undeveloped sites would be the most appropriate to be considered a potential venue for a dog park. Based on the feedback it receives from the Recreation & Parks Advisory, the Commission may then consider whether or not to pursue the development of a dog park. Consideration and discussion shall include the identification of funding in our Capital Improvement Program for construction of the park, which would be most appropriately addressed during budget workshops/public hearings. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: Do not discuss the feasibility of building a dog park. LTERNATIVES 231 of 430 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 3, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Provide direction to staff regarding the potential EQUESTED CTION BY ITY OMMISSION conversion of Pence Park into a "dog" park. ER: Recently, Commissioner Holzman inquired about the XPLANATION OF EQUEST possibility of converting Pence Park into a “dog” park. Pence Park is considered to be a “neighborhood” park (as defined in the Department’s Strategic Plan) and the 3.5 acre th property is located at 600 S.E. 4 Street. The park includes a fenced-in lighted multi- purpose field, a small lighted basketball court, playground, various park furniture and restrooms. Conversion of the park would involve reconfiguring the existing multi-purpose so that areas could be created to contain the dogs and to separate small dogs from large dogs. Some minor amenities would need to be included (canine drinking fountain, dog bag dispensers, extra trash receptacles). H? Pence Park was used as a OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES recreation area long before the City built the original softball field within the park property in the mid 1950s. Between 2007 and 2008 the park was remodeled, which cost approximately $50,045. This involved replacement of the playground, installation of new park furniture, the conversation of the softball field into a “multi-purpose” field, which included moving the lights and fence, and replacement of the sod. This was done because of how the park was being used and feedback we received from those who were using the park. Although the park was a very popular venue for softball and related activities (i.e. games and practices) in the 1970s and 80s, staff observed that over the past couple of years the field at the park was mostly being used for informal soccer games by many of the local youth who live within walking distance of the facility. The multi-purpose is also frequently rented for various forms of play. From October 1, 232 of 430 2009 – September 30, 2010, the field was rented 93 times, which generated $3,222 in revenue. Conversion of the park would negate use of the multi-purpose field. FI: The removal of the multi-purpose field would eliminate the rental ISCAL MPACT revenue. The cost to convert the facility into a dog park would be approximately $28,500, which is based on the following: Dividing fence $9,000 Double gate system x 2 $1,000 Canine drinking fountain $4,000 Plumbing for fountain $1,000 Dog bag dispensers x 4 $1,400 Benches x 6 $6,000 Trash receptacles x 6 $5,100 Striping for parking $1,000 TOTAL $28,500 In its current condition, it costs approximately $46,300/year to maintain Pence Park. According to Palm Beach County staff, in its current condition it costs them approximately $100,000/year to maintain the dog park at Lake Ida Park. The dog park at Lake Ida Park and Pence Park are approximately the same size. The following is a cost comparison to maintain these two parks, and the anticipated cost to maintain them over the next five years. Approximate Annual Labor Costs to Maintain Pence Park in Current Condition (increased 5% annually) FY 10/11 FY 11/12 FY 12/13 FY 13/14 FY 14/15 $46,303 $48,618 $51,049 $53,601 56,281 Approximate Annual Labor Costs to Maintain Lake Ida Dog Park in Current Condition (increased 5% annually) $100,000 $105,000 $110,250 $115,763 $121,551 Approximate Difference in Costs to Maintain the Two Parks $53,697 $56,382 $59,201 $62,162 $65,270 A: LTERNATIVES 1. Do not consider converting Pence Park into a “dog” park. 2. Consider the conversion of the park using private sector funding to pay for construction and operations and maintenance costs. 233 of 430 3. Consider the conversion of the park using donations and/or private sector funding to pay for construction and operations and maintenance costs; use existing City staff or hire additional staff to manage the facility. 4. Privatize the park by franchising or licensing the operation to a private vendor who would be totally responsible for the facility. *Alternatives 3-4 would require further investigation and analysis from staff. 234 of 430 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 15, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Inform the Commission regarding the EQUESTED CTION BY ITY OMMISSION recommendation from the Recreation & Parks Advisory to not convert Pence Park into a dog park. ER: At the November 3, 2010 City Commission meeting staff XPLANATION OF EQUEST was directed to present the option of converting Pence Park into a Dog Park to the Recreation & Parks Advisory Board for their evaluation. At their January 24, 2011 meeting the Advisory Board discussed the potential conversion of Pence Park into a “Dog Park”. Signs were posted around the Park prior to the meeting to invite the public for comment and feedback. A courtesy reminder about the Advisory Board meeting was sent to each Commissioner by email. Along with Commissioners Orlove and Hay, two residents attended the meeting. One resident stated that he as observed a much greater volume of activity on the field over the past year, and although he thinks Boynton needs a dog park, he felt Pence was not an ideal location. The other resident stated that she participates in the adult kick ball league that meets at Pence Park on Wednesday evenings, and they are planning to expand their program do to popular demand. The Advisory Board did not support the conversion of Pence Park for these and several other reasons, and suggested that the undeveloped park space on the NE corner of Old Boynton Beach Blvd. and Congress Avenue (behind Best Buy) would me a much more appropriate option. H? No affect. OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: No fiscal impact. ISCAL MPACT A: LTERNATIVES 235 of 430 Accept recommendation from the Recreation & Parks Advisory Board and take no further action at this time. Accept recommendation from the Recreation & Parks Advisory Board and direct staff to research possible alternative locations. Do not accept recommendation from the Recreation & Parks Advisory Board. 236 of 430 11. A UNFINISHED BUSINESS May 7, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 7, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Receive update on feather banners and direct staff EQUESTED CTION BY ITY OMMISSION as in response to pending expiration of temporary provisions for such temporary signs. ER: On December 6, 2011 the Commission approved Ordinance XPLANATION OF EQUEST 11-030 modifying the City’s sign regulations for a trial period of 6-months (see Exhibit “A”). The temporary regulations established a term and definition; size, quantity, location, and duration standards; and the procedural requirements necessary to facilitate the permitting of this type of temporary sign called a “feather banner”. Ordinance 11-030 indicated that the trial period would be evaluated to consider the costs (e.g. visual impacts and administrative burden) and benefits (direct benefits to local businesses) of the feather banner permits. Then on July 17, 2012 the City Commission approved Ordinance #12-013 thereby extending the trial period for the th banner permit provisions for 12 months effective June 6. At that time, there were no stated concerns relative to visual impacts, and out of the 12 businesses with a permit, staff was able to contact 9 who reported that they all strongly supported the feather banner provisions and realized noticeable benefits to their respective businesses. With respect to permit activity, there were a total of 22 permits issued for feather banners between December 6, 2011 and April 16, 2013, compared to a total of 16 permits issued for the “fixed” or “static” banners during this same time period (the fixed banner has always been allowed by the City’s sign regulations). Permit revenues attributed to feather banner permitting for this time period totaled $1,100. 237 of 430 As for the demand upon the code enforcement function, the Code Compliance Division reports that only 6 “Notices to Correct” have been issued to date, and greater efficiency in monitoring this activity would be achieved through more frequent updates to them regarding current permits. Permit activity has increased over the trial period, which was anticipated due to increasing awareness of the City’s new provisions, and no major issues have been encountered in the permit system. Staff also reports that the administrative processing time is similar for both static banner and feather banner permits. Staff recommends the following considerations:  Feather banners may represent aesthetic improvements over the static banners given the appearance of the mounting system of the static banner versus the monopole system of the feather banner, and feather banners are not hung on building facades;  If the regulations are allowed to “sunset”, business owners who have purchased a feather banner will likely continue to use it frequently or in connection with business activities;  The proliferation of banners is prevented by the intensity provision in the regulations which allows only a maximum of 1 feather banner for every 300 feet of property frontage, and a businesses can display only 1 banner at a time whether feather or static;  “One size doesn’t fit all”, in that businesses needs vary, and therefore the needs for temporary signage vary as well ranging from purposes of increasing visibility to announcement of store openings or closings; (see Exhibit “B”).  The presence of both static and feather banners decreases uniformity along the streetscape which could contribute to aesthetic decline;  Staff is confident that if polled again, the current or past permit holders would claim benefits to their business operations; and  There were unpermitted feather banners erected by local businesses prior to existence of the code provisions, which unlawful practice will likely continue with or without enabling regulations in the LDR. Therefore, the need for code enforcement will continue regardless whether the regulations are extended, made permanent, or discontinued. Staff will follow-up with preparation of an ordinance to update the City’s LDR in th accordance with direction given on May 7. The item would return to the agenda for stth ordinance readings on May 21 and June 4. Staffs intention is for the ordinance to be th adopted prior to expiration of the temporary regulations on June 6, unless the Commission prefers the ultimate action be again reviewed for a recommendation by the th Planning & Development Board. In that case final reading would occur on June 18, thereby leaving a brief time period during which the feather banner regulations would no longer be in effect. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: Continued contribution to permit revenues if banner regulations are ISCAL MPACT maintained. 238 of 430 A: 1) Extend the temporary regulations another 12 months; 2) remove LTERNATIVES provisions from the LDR; or 3) amend the LDR making the feather banner provisions permanent. 239 of 430 240 of 430 241 of 430 242 of 430 243 of 430 244 of 430 245 of 430 246 of 430 EXHIBIT “B” COMPARISON BETWEEN BANNER TYPES 1) “Static” – Typically 2’x10’ (max. 20 sqft), no max. height, double-pole mounted Hung from landscaping (not allowed) 247 of 430 Hung on building façade (allowed) 248 of 430 2. “Feather” – 10.5 feet high (max.), 30 inches wide (max.), single-pole mounted 249 of 430 250 of 430 11. B UNFINISHED BUSINESS May 7, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 7, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Receive a report reviewing the background, EQUESTED CTION BY ITY OMMISSION updating the current status and requesting consideration of a No-Build Easement for the Old High School project. ER: Timeline and Key points: XPLANATION OF EQUEST  April 17, 2012, the City Commission heard unsolicited proposals from two separate developers interested in refurbishing the Old High School; New Urban Communities and Lansing Melbourne. At the May 1, 2012 meeting, the Commission selected Lansing Melbourne to return to the Commission in 120 days with additional information on their proposed use along with evidence of financial backing for the project. The developer was to report back with an update every 30-days up to the 120-day deadline.  July 17, 2012, Commission was informed that Lansing Melbourne was no longer the lead in the team selected to move forward with a proposal. Commission voted unanimously to continue with the lead architect from that team, Juan Contin.  August 7, 2012, Mr. Contin requested a 90-day extension to produce the bank agreement to finance the project. Commission consensus granted the extension with continued 30-day updates. 251 of 430  October 2, 2012, Mr. Contin approached the Commission with Mr. James Carras, Principal of Carras Community Investment, reporting that the project now had an equity investor of $1.2 million. They requested that Commission convey the property to assist them in securing bank financing. Commission directed the City Attorney to meet with the developer and return within 30 days with a draft conveyance document.  December 4, 2012, Purchase agreement presented and discussed Commission grants an additional six months from the approval of the purchase agreement to obtain financing.  January 15, 2013 Commission meeting, Mr. Contin approached the Commission to request fee incentive for the application and permit costs associated with the project. Commission tabled the item which was heard again on February 5, 2013, at which time the Commission approved a $60,000 allocation to offset permit fees associated with the project. The motion passed 3-2. th  February 5, 2013, Ordinance 13-001 adopted the historic designation of the Old High School site on the local historic registry. th  March 4, 2013, developer submits application for site plan modification approval. th  March 19, 2013 the first set of staff review comments where transmitted to the developer. Easement Recommendation As part of those initial comments staff noted that exterior wall openings and exterior wall construction type must comply with Table 602 and 705.8 of the 2010 Florida Building Code. Simply stated, the amount of openings in the wall and the type of wall construction depends on the distance from adjacent property line. For example the proposed glass walled addition to the old high school on the east side of the building is 10.46 feet from the proposed property line. Based on this setback dimension the required fire rating of the exterior wall on the east side of the building would require a 2- hour fire rating and would only allow 15% openings (opening windows and doors). The proposed type of construction of the exterior wall will not meet the required 2 hour fire rating. Prior to completion of staffs review, the developer evaluated alternate methods of construction, but none of the options were acceptable solutions given economic and aesthetic considerations. th  April 16, 2012, during the Development Advisory Review Team (DART) meeting with the developer, staff suggested an alternate solution which would restrict the adjacent property (Children’s School House Museum) from constructing a future building/structure within thirty feet from the east wall of the proposed addition to reduce the fire rating of the proposed exterior walls to zero. 252 of 430 As part of this solution, staff is recommending approval of a ‘No-Build Easement’ which would be held by the City, preventing any buildings/structures from being constructed within 20 feet of the property line adjacent to the glass wall of the eastern most structure. This solution would allow the developer to move forward at this time and protect the City’s interest by requiring the easement to be recorded prior to issuance of building permits. Future timeline: July 10, 2013 – Developer to close on property October 10, 2013 – Construction begins April 15, 2015 – Construction completed H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Although there are no current or future plans to build in front of the School House Children’s Museum, the easement would restrict twenty feet of the property on the west side of the Museum from constructing any future buildings and/or structures. Should the Old High School structure demolish or alter the glass additions, or the Florida Building Code distance separation change in the future, the City would have the option of abandoning the easement if there is a desire to place a structure within the designated 20 foot easement area. In consideration of the national historic designation of the School House Children’s Museum building, and the local historic designation of the Old High School building, it is unlikely that either staff or the Historic Preservation Board would consider construction of any structures which would interfere with the clear view of the historic facades. FI: Easement recording fee of approximately $100 ISCAL MPACT A: Do not allow the easement. LTERNATIVES 253 of 430 12. A NEW BUSINESS May 7, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 7, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve staff recommendation to proceed with EQUESTED CTION BY ITY OMMISSION preparation of conceptual plans, and identification of construction funding, for a new Police Facility on city land at High Ridge Road and Gateway Boulevard. ER: For over ten years, the City has considered numerous XPLANATION OF EQUEST options to address space needs in various city facilities. Some needs have been adequately addressed such as the addition of Fire Stations resulting from the successful implementation of a Fire Assessment. However, other municipal space needs necessary to support programs have yet to be addressed. In particular, it is well documented that the Police Department serves our community in an aging, and incredibly undersized, building. This report will identify the history of municipal space evaluation and provide staff recommendations on how to address space needs in the future. Background To fully understand and formulate future actions, it is critical to understand the detailed history of this topic. Although many words have been written, staff has included documents most relevant to this issue. Attached to this agenda item are the following documents; 1. Chronology of Events. This summary details actions considered and/or taken since 2002. 2. April 6, 2004 Commission Agenda and Meetings. These documents correspond to land purchase at High Ridge Road and Gateway Boulevard. The intent of this 254 of 430 purchase was to include a Police facility on High Ridge along with a new Fire Stations/Administration facility. 3. June 2008 CH2MHILL Concept Design and cost estimate for a Police Facility at High Ridge Road and Gateway Boulevard. 4. April 21, 2009 Commission Agenda and Minutes. These documents relate to the Commission’s desire to identify all private interests that could potentially address city space needs. Proposals were received and no option was moved forward. 5. May 17, 2001 Commission Agenda and Minutes. These documents summarize downtown development options with the CRA. Options included addressing space needs at the existing municipal complex. 6. October 4, 2011 Commission Agenda and Minutes detailing continued refinement and evaluation of space options in the general downtown area. Current Status The prior Commission recognized that the elections of 2013 would bring fresh vision and goals. Therefore, the critical decisions related to downtown strategic planning and associated municipal space needs are once again presented to the Commission for review and action. There are obviously many functional components of our municipal complex that extends nd from Boynton Beach Boulevard to SE 2 Avenue. Staff recognizes that the long range vision for city services provided in numerous public buildings in this complex cannot simply be considered or acted upon within the context of this agenda item. Decisions related to the future of the Madsen Center, Art Center, Civic Center, Kids Kingdom Playground and the City Hall/Police buildings require significant planning. Furthermore, the future vision of public services within this area is very much dependent upon the final resolution of Old High School redevelopment and its impact upon properties, parking and traffic patterns. Staff believes very strongly that final resolution of the future location of the Police Facility is the first step towards developing a vision for provision of public services in the downtown area. Even more significant is the fact that the Police Department has space deficiencies that should be addressed in the future. The overall municipal campus plan can be developed over a longer timeframe. Police Facility The city should address the space deficiencies of the Police Department first and, most importantly, identify the desired location of the future Police building. By doing so, other downtown strategic plans can be carefully planned and implemented knowing how the Police building location will, or will not, affect these strategic plans. The critical first decision is a simple one. Where will the Police facility be located? The most expedient solution is to move the Police functions to City property adjacent to Fire Station #5 as was contemplated when the property was purchased in 2004. 255 of 430 However, should the Commission desire to maintain the Police functions at the municipal campus, the location selected must be complimentary to the strategic plan and future vision of the downtown area. Additionally, decisions related to creation of the strategic plan and vision of the downtown municipal campus is critically dependent upon understanding the full impact of Old High School redevelopment. What other factors related to Police services must be considered? There are three urgent matters related to Police services that must be addressed quickly. First, the current FY 2012/13 budget allocates $200,000 toward relocation of evidence storage and Crime Scene services to old Fire Station #2 on South Congress Avenue. Designs for this space modification are proceeding and costs are being revised upward towards $450,000. Furnishings and relocation expenses (est. $135,000) are not factored into this cost because these costs would be part of any relocation scenario. Evidence storage and Crime Scene services should be relocated to the South Congress building only if there is further delay in constructing a new Police Facility. Should the City move quickly to design and build a new Police Facility, the Evidence and Crime Scene components are more appropriately placed into a new facility rather than in a renovated fire station far removed from other Police administrative functions. Secondly, the City has deferred maintenance on the Police Pistol Range located on Miner Road at Fire Station #3. Urgent maintenance needs include a new HVAC system and roof membrane at an estimated cost of $110,000. The Police staff would prefer that the pistol range be located in a new facility. The existing Police Pistol Range building needs to be relocated to a new Police facility, or renovated and made available for another municipal purpose, or demolished. Thirdly, we clearly know that our current emergency Communications services (dispatch) should be relocated out of City Hall to a more secure and hardened facility. Staff questions the structural capability of the existing City Hall building during a major hurricane event. Emergency communications are critical during response and recovery phases of a disaster, natural or otherwise. Communications needs must be addressed quickly. Staff Recommendations Police Facility and Communications City staff is acutely aware of the past discussions, decisions and Commission policy goals related to locating and constructing a Police facility that address critical operational space deficiencies within the Police Department. In staff’s opinion, 256 of 430 addressing the space needs in the Police Department is an urgent priority that requires final resolution. To that end, staff recommends the following actions: 1. Construct a new Police Facility on City property adjacent to Fire Station #5 on High Ridge Road at Gateway Boulevard. Abandon current planning efforts to relocate Police Evidence and Crime Scene support service to Old Fire Station #2 on South Congress. Allocate costs associated with that effort ($450,000) towards a new Police Facility. Implementation steps as follows: a. FY 2012/13. Contract with an architect to identify final Police Department space needs and prepare a conceptual building site plan and floor plan. From these plans, more refined construction costs can be determined based upon current market conditions. This work shall be completed by December 1, 2013. b. FY 2013/14. City Staff shall finalize concept plans and cost estimates. Furthermore, staff will identify the various funding options and grant possibilities for the proposed facility. This information will be presented to the City Commission for action by February 1, 2014. If a funding mechanism is selected, an RFQ for Architectural/Engineering design services should be issued and a contract awarded soon thereafter. c. FY 2014/15. Complete the Architectural and Engineering Design and seek competitive conventional bids. Estimated construction contract award by August 1, 2014 d. December 1, 2015. Complete project and relocate Police services to the new facility. Currently the City will need to finance the new facility over a period of years, the exact method would be determined as we move through the above outlined process. Regardless of the project financing, the City will incur additional expenses for annual debt or lease expense. Staff would estimate this to be somewhere between $1.2M to $1.8M annually, but will not have a better estimate until the building site and floor plan and refining of construction costs are completed from the above steps. It should be noted that at the present time the options that are available for funding this would be tax increases or expense reductions (service reductions) or a combination of both. If the City Commission is not in support of these options in order to pay the added expense for debt service then all planning efforts should cease immediately. 2. Move Communications to Fire Station #5. This Fire Station is hardened to withstand a Category 5 hurricane and includes space for this purpose. Plans for this work should commence immediately and the FY 2013/14 capital plan shall include costs for relocation by April 1, 2014. Downtown Core Municipal Complex Upon final resolution of the location of the Police Facility, and upon final understanding of the full impact of Old High School renovations, it would be appropriate to plan the long term vision of the downtown municipal campus. It has 257 of 430 been long known that a number of important maintenance activities at the City Hall complex have been deferred pending final resolution of matters related to the Police Facility and Fire Station #1. Furthermore, the City has been planning to replace, or renovate, the Civic Center (built in 1962) for more than two decades. The City has at one time also considered vertical expansion of the Art Center and elimination of the Madsen Center. All of these facilities, and their associated services, should be evaluated collectively and a long term plan defined. Implementation plans in this core area will also prove to be costly. However, there is potential to include private developer interests to help offset a portion of the cost. All possibilities should be identified as the City moves forward with its strategic plan. H? TBD OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: TBD ISCAL MPACT A: A decision must be made regarding Police facilities. LTERNATIVES 258 of 430 Police Facility and City Hall Space Evaluations Chronology and Actions J. Livergood – March 2013 August 2002 In response to space deficiency in the Police Department, and City wide, the City Commission awarded a space needs analysis to Architects Design Group for the purpose of evaluating existing space and projection of space needs in the year 2020. September 2003 After an intensive review of space conditions, the Commission heard the final consultant report regarding space needs. The consultant recommended the following: 1.Construct a new Public Safety Facility (Police, Communications and Fire Administration) on City owned property. 2.Adaptively reuse the existing Police building for City services and future growth. 3.The consultant assumed the Public Safety Facility would remain in the Town Center area thus recommended that the Civic Center be relocated elsewhere (no location identified) to make way for the Facility. 4.Build a new Public Works Facility 5.Expand the Police Firing range at its current location on Miner Road. During this timeframe, the old Motorola building was on the market. Staff presented an alternative to relocate City Hall and Police to this former 200,000 s.f. building. The Commission did not wish to move City Hall from its downtown location thus no action was taken. The matter of space needs was deferred to a future Commission. September 2003 to April 2004 During this period, the City was actively seeking a location to construct a new Fire Station in the northeast quadrant of the City according to the terms of the Fire Assessment. At its April 7, 2004 meeting, the City Commission agreed to purchase 9.3 acres of vacant land on the southeast corner of High Ridge Road and Gateway Boulevard. This land purchase very specifically identified additional land that could be “banked” to accommodate a future Public Safety Building. The City Commission unanimously approved the land purchase and the concept of a Fire and Police Public Safety complex. 2004 to 2008 During this period, staff proceeded with final design of what would later become Fire Station #5. Included in the Fire Station #5 documents was a refined space assessment of space needs for the Police Department. That assessment was critical to ensure that site was capable of efficiently supporting both the Fire and Police buildings. This space assessment was performed by CH2MHILL, fire station architect, in June 2008, and confirmed that a Police building could be constructed on the new site at an estimated cost of slightly over $30M. 259 of 430 This cost included the largest possible structure to ensure site compatibility. Final construction size would likely be smaller and cost reduced. Hence, $26.5M was included in the City’s capital improvement budget in 2008. A history of the capital costs for a new Police facility in approved City budgets is as follows: FY 2003/04 $16M FY 2004/05 $23M FY 2005/06 $23M FY 2006/07 $25M FY 2007/08 $25M FY 2008/09 $26.5M During this period, the Policy facility remained in the City’s capital budget with the underlying assumption that the future Police facility would be located at the High Ridge site. No other locations for a Police facility were contemplated over this time period. Therefore staff resources and local funding were primarily targeted towards the completion of Fire Station #5. The assumption remained that the City would proceed with the Police facility on the High Ridge property when Fire Station #5 was complete. February 2009 In December 2008, the City was approached by the owner of Renaissance Commons with an offer to explore housing City Government and/or Police functions in a building at Gateway Boulevard and Congress Avenue. During its February 17, 2009 meeting, the Commission deliberated the various pros and cons of this proposal. The Commission ultimately decided to decline the Renaissance Commons proposal and instead seek proposals from other interested developers City wide that would address the City’s increasing space needs, particularly where related to the Police Department. The Commission directed staff to prepare a Request for Proposals to seek other creative solutions from the private sector. April 21, 2009 The City Commission approved the text of a Request for Proposals that was designed to garner private developer interest in addressing city space needs. The primary elements of the RFQ were as follows: 1.The City would accept proposals for stand alone City Hall and/or Police buildings. Proposals could include private and city-owned lands. 2.Proposals for Police and Government services were to be part of an office building. 3.Proposals must include parking. 4.The City would favorably consider any proposal that contemplated reuse of the Old High School. 5.The City would accept proposals that contemplated relocation of operations to any part of the City. 260 of 430 November 17, 2009 The City Commission heard presentation from four companies responsive to the Request for Proposals prepared in April 2009. Respondents included Urban/CH2MHILL, Sembler and Partners, Renaissance Commons, and Patrinely Group. The Commission directed staff to negotiate a contract with Renaissance Commons for the relocation of the Police functions to a building at Congress Avenue and Gateway Boulevard. March 16, 2010 The City Commission directed staff to cease negotiations with Renaissance Commons. The Commission decided to delay further discussion of Police and City government space to such time when an off site team building session could be scheduled. February 17, 2011 The City Commission and Community Development Agency conducted a public workshop at the Intracoastal Park Clubhouse on February 17, 2011. The purpose of this workshop was to hear community and developer input regarding downtown development options. A follow up report was presented by CRA staff to the CRA Board on April 12, 2011. Ultimately, the City Commission heard a variety of development options on May 17, 2011. May 17, 2011 As a result of CRA and other discussions, City staff was asked to explore additional options that would retain both the Police and City Hall services in the downtown area. Staff was specifically requested to look at various scenarios whereby both Police and general government services remain at the municipal complex. Notably, the evaluation suggested that expanded services could be retained at the municipal complex assuming building renovation and expansion. The estimated cost to extend service life by 30 years was around $25M. But, this concept called for relocation or elimination of Fire Station #1. At the time of this discussion, final decisions related to maintaining Fire Station #1 in the downtown had not been made therefore costs associated with this station were not included in the estimates. Other impacts are noted in the attached agenda item for this date. The City Commission directed staff to provide additional follow up information for future consideration. 1.Evaluate the cost comparison to build a new Police building at the High Ridge property versus construction of a new Police building at the Ocean Breeze East site, and 2.Identify City owned parcels that might be considered surplus and therefore available for sale to provide a partial funding source for any chosen solution that resolves the space needs. October 4, 2011 City staff summarized its findings based upon Commission direction received during the May 17, 2011 meeting. 261 of 430 1.There was found to be virtually no cost differential between locating the Police building at the High Ridge parcel or the Ocean Breeze parcel on Seacrest. Therefore, the most determinant factor was simply which location was most desirable from a policy perspective. The Commission did not select a preferred location. 2.After considering vacant, or underutilized City lands, the Commission directed staff to seek the sale of three parcels located on South Congress (Old Fire Station #2, the High Ridge parcel adjacent to Fire Station #5, and a small parcel of land adjacent to Leisureville off Boynton Beach Boulevard. Subsequently, on November 15, the City Commission made a formal request for City staff to seek sale of these three parcels according to the procedure outlined in City Code. April 3, 2012 At its April 3, 2012 meeting, the City Commission learned that only one bid in the amount of $24,999.99 was received for the Leisureville parcel and no bids were submitted for the other parcels on South Congress and on High Ridge. The Commission rejected the lone bid and no further action was taken to sell City owned lands. FY 2013/14 Budget The current operating budget includes $200,000 to remodel old Fire Station #2 on south Congress to accommodate Police Evidence and Crime Scene. The design work for this is nearing completion. An estimate construction cost is forthcoming. Current Status- May 2013 Other than moving forward with design of evidence and crime scene space at Old Fires Station #2 on South Congress, no additional direction has been give staff by the Commission pending a new evaluation of space need by a newly seated City Commission. 262 of 430 263 of 430 264 of 430 265 of 430 266 of 430 267 of 430 268 of 430 269 of 430 270 of 430 271 of 430 272 of 430 273 of 430 274 of 430 275 of 430 276 of 430 277 of 430 278 of 430 279 of 430 280 of 430 281 of 430 282 of 430 283 of 430 284 of 430 285 of 430 286 of 430 287 of 430 288 of 430 289 of 430 290 of 430 291 of 430 292 of 430 293 of 430 294 of 430 295 of 430 296 of 430 297 of 430 298 of 430 299 of 430 300 of 430 301 of 430 302 of 430 303 of 430 304 of 430 305 of 430 306 of 430 307 of 430 308 of 430 309 of 430 310 of 430 311 of 430 312 of 430 313 of 430 314 of 430 315 of 430 316 of 430 317 of 430 318 of 430 319 of 430 320 of 430 321 of 430 322 of 430 323 of 430 324 of 430 325 of 430 326 of 430 327 of 430 328 of 430 329 of 430 330 of 430 331 of 430 332 of 430 333 of 430 334 of 430 335 of 430 336 of 430 337 of 430 338 of 430 339 of 430 340 of 430 341 of 430 12. B NEW BUSINESS May 7, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 7, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve temporary suspension of Special Event EQUESTED CTION BY ITY OMMISSION Permit requirements for the Food Truck Connection event through June 12, 2013 ER: Food Truck events have spurred public interest throughout XPLANATION OF EQUEST South Florida. From an economic development perspective, these types of events create a unique draw for visitors and residents to explore both our City and our parks. The City currently has an active Food Truck event occurring at Harvey Oyer Park each Wednesday. This event began on March 27, and is slated to run through June 12, 2013. The number of trucks on the site varies from week to week, but averages around 12 on any given event. Attendance has been growing slowly, with about 360 customers in attendance at the last event in April. At the time the Special Event Permit process was developed, this type of reoccurring weekly event was not contemplated. The current regulations require the event agent to secure a separate permit for each occurrence, at a cost of $100 per permit. The current event, with its twelve week run, would cost the agent $1,200. They have paid fees in excess of $600 to date, not including Fire inspection fees, and have requested a refund of $500 should Commission approve this action. Staff is requesting a temporary suspension of the Special Event Permit requirements for the Food Truck Connection event currently underway at Harvey Oyer Park. The goal of this temporary suspension is to both offer some financial relief to the vendors participating in this event and to allow staff time to research and propose regulations to 342 of 430 encourage Mobile Vending Unit events without negatively impacting the permanent businesses located within the City. H? The suspension period will allow OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES staff to work with the event agent to determine how successful the event is in promoting Boynton Beach and provide research and analysis of best practices to formulate regulations allowing Mobile Vending Units in the City. FI: $1,100 in Special Event Permit fees ISCAL MPACT A: Continue with the Special Event Permit process as it currently exists for LTERNATIVES this event. 343 of 430 13. A LEGAL May 7, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 7, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED ORDINANCE NO. 13-007 - EQUESTED CTION BY ITY OMMISSION SECOND READING - PUBLIC HEARING - Approve abandonment of a three (3) foot-wide Utility Easement (ABAN 13-002) running in an east-west direction for a distance of approximately 918 feet, located on the original Killian’s Park plat and currently being developed as Seabourn Cove – Phase II, zoned PUD (Planned Unit Development). Applicant: Bradley D. Miller, Miller Land Planning, Inc. ER: Miller Land Planning is requesting to abandon a utility easement XPLANATION OF EQUEST in conjunction with the development of Phase II of the Seabourn Cove project on the west side of South Federal Highway near Miller Road. The three (3) foot-wide utility easement runs in an east-west direction for a distance of approximately 918 feet, extending from South Federal Highway to Old Dixie Highway, through the middle of the approved multi- family project. The applicant indicates that the utility easement is being vacated because there are no longer any public utilities located within the easement and there will be none in the future.All utility companies have been notified and no objections were raised. Staff recommends APPROVAL of the request to abandon this three (3) foot-wide utility easement since it no longer serves a public purpose. The Planning & Development Board, at their March 26, 2013 meeting, recommended approval of the abandonment request. H? The abandonment of this OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES easement will not adversely impact City services. FI: N/A ISCAL MPACT 344 of 430 A: None recommended. LTERNATIVES 345 of 430 ORDINANCE NO. 13-007 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ABANDONMENT OF A 3-FOOT WIDE UTILITY EASEMENT RUNNING EAST AND WEST FOR A DISTANCE OF APPROXIMATELY 918 FEET, SUBJECT TO STAFF COMMENTS; AUTHORIZING THE CITY MANAGER TO EXECUTE A DISCLAIMER, WHICH SHALL BE RECORDED WITH THIS ORDINANCE IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Bradley Miller of Miller Land Planning is requesting that the City abandon a utility easement in conjunction with the development of Phase II of the Seabourn Cove project on the west side of Federal Highway near Miller Road, subject to staff comments; and WHEREAS, comments have been solicited from the appropriate City Departments, and public hearings have been held before the City's Planning and Development Board, and the City Commission on the proposed abandonment; and WHEREAS, staff finds that the three (3) foot-wide utility easement no longer serves a public purpose, and the City Commission adopts that finding. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby abandon the three (3) foot-wide utility easement running east and west for a distance of approximately 918 feet in conjunction with the development of Phase II of the Seabourn Cove project on the west side of Federal Highway near Miller Road, subject to staff comments. The property being abandoned is more particularly described as follows: THE SOUTH 3 FEET OF KILLIAN’S PARK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 23, PAGE 195 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA Said lands lying in the City of Boynton Beach, Florida containing 2,753 square feet (0.063 Acres) more or less. Section 3. The City Manager is hereby authorized and directed to execute the attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records of Palm Beach County, Florida. Section 4. This Ordinance shall take effect immediately upon passage. 346 of 430 th FIRST READING this 16 day of April, 2013. SECOND, FINAL READING AND PASSAGE THIS _____day of __________, 2013. CITY OF BOYNTON BEACH, FLORIDA Mayor – Jerry Taylor _____________________________________ Vice Mayor – Woodrow L. Hay _____________________________________ Commissioner – David T. Merker _____________________________________ Commissioner – Michael M. Fitzpatrick _____________________________________ Commissioner – Joe Casello ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City of Boynton Beach, Florida, does hereby abandon the three (3) foot-wide utility easement running east and west for a distance of approximately 918 feet in conjunction with the development of Phase II of the Seabourn Cove project on the west side of Federal Highway near Miller Road, subject to staff comments. The property being abandoned is more particularly described as follows: THE SOUTH 3 FEET OF KILLIAN’S PARK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 23, PAGE 195 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA 347 of 430 Said lands lying in the City of Boynton Beach, Florida containing 2,753 square feet (0.063 Acres) more or less. IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this ____ day of ______________, 2013. ATTEST: CITY OF BOYNTON BEACH, FLORIDA ___________________ _____________________________ Janet M. Prainito, MMC Lori LaVerriere, City Manager City Clerk STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) BEFORE ME , the undersigned authority, personally appeared Lori LaVerriere and Janet M. Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this _____ day of ________________, 2013. _____________________________ NOTARY PUBLIC, State of Florida My Commission Expires: 348 of 430 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 13-006 TO: Chair and Members Planning and Development Board THRU: Michael W. Rumpf Planning and Zoning Director FROM: Ed Breese Principal Planner DATE: March 7, 2013 Abandonment of a three (3) foot-wide Utility Easement (ABAN 13-002) SUBJECT: running in an east-west direction for a distance of approximately 918 feet, located on the original Killian’s Park plat and currently being developed as Seabourn Cove – Phase II, zoned PUD (Planned Unit Development). Applicant: Bradley D. Miller, Miller Land Planning, Inc. NATURE OF REQUEST Bradley Miller of Miller Land Planning, Inc. is requesting to abandon a utility easement in conjunction with the development of Phase II of the Seabourn Cove project on the west side of South Federal Highway near Miller Road (see Exhibit “A” – Location Map). The subject property is classified SHDR (Special High Density Residential) land use and zoned PUD (Planned Unit Development). The three (3) foot-wide utility easement to be abandoned runs in an east-west direction for a distance of approximately 918 feet. The easement extends from South Federal Highway to Old Dixie Highway, through the middle of the proposed multi-family project. A sketch and legal description of the subject utility easement is attached as Exhibit “B”. The applicant indicates that the utility easement is being vacated because there are no longer any public utilities located within the easement and will not have any public utilities in the future. Therefore, the easement no longer serves a public purpose. The following is a description of the zoning districts and land uses of the properties that surround the subject request: North: Immediately north of the utility easement would be the north half of the Seabourn Cove Phase II development and farther north are developed single-family lots located in unincorporated Palm Beach County with a Medium Residential (County MR-5) land use classification and zoned Multi-family Residential (County RM) and 2.26 acres of undeveloped property with a Special High Density Residential (SHDR) land use classification and zoned Infill Planned Unit Development (IPUD) that was previously approved as Baywalk (site plan expired); South: Immediately south of the utility easement would be the south half of the Seabourn Cove Phase II development and farther south is 349 of 430 developed property (church) on 0.68 acres with a General Commercial (GC) land use classification and zoned General Commercial (C-4) and a 48-unit townhouse development (Bayfront) on 2.46 acres, with a Special High Density Residential (SHDR) land use classification and zoned Infill Planned Unit Development (IPUD); East: Right-of-way for Federal Highway, then farther east is Waterside, a 113-unit townhouse development on 7.29 acres, with a Special High Density Residential (SHDR) land use classification and zoned Infill Planned Unit Development (IPUD); and West: Right-of-way for Old Dixie Highway, then farther west is right-of- way for the Florida East Coast (FEC) railroad. BACKGROUND Phase II of Seabourn Cove (NWSP 12-001) received new site plan approval on March 20, 2012 for the development of 148 multi-family rental units (see Exhibit “C” – Site Plan). Part of the site approved for development is located within the original Killian’s Park plat. Killian’s Park was platted in 1951 with a three (3) foot-wide utility easement at its southern boundary which would bisect the proposed development. Since the easement no longer serves a public purpose, staff placed a condition of approval on the project that the applicant be required to request abandonment of the easement and record the abandonment ordinance in the records of Palm Beach County. The property to be abandoned is more particularly described as, “The South Three (3) feet of Killian’s Park, according to the Plat thereof, as recorded in Plat Book 23, Page 195, of the Public Records of Palm Beach County, Florida”. ANALYSIS Owners of properties within 400 feet of the subject site were mailed a notice of this request and its respective hearing dates. The applicant has certified that they posted signage and mailed notices in accordance with Ordinance No. 04-007 and the abandonment request has been advertised in the newspaper. A summary of the responses is as follows: CITY DEPARTMENTS/DIVISIONS Engineering - No objection Public Works/Utilities - No objection Planning and Zoning - No objection PUBLIC UTILITY COMPANIES Florida Power and Light - No objection AT & T - No objection Florida Public Utilities - No objection Comcast - No objection RECOMMENDATION Staff has determined that the subject utility easement no longer contains any utilities and therefore no longer serves a public purpose. Based on the above analysis, staff recommends APPROVAL of the applicant’s request to abandon this three (3) foot-wide utility easement. Any conditions required by the Planning and Development Board and the Commission will be placed in Exhibit “D” - Conditions of Approval. 350 of 430 S:\Planning\SHARED\WP\PROJECTS\Seabourn Cove - Phase II\ABAN 13-002\Staff Report.doc 351 of 430 352 of 430 353 of 430 354 of 430 355 of 430 356 of 430 357 of 430 358 of 430 359 of 430 EXHIBIT "D" Conditions of Approval Project name: Seabourn Cove Phase II Utility Easement Abandonment File number: ABAN 13-002 Reference: DEPARTMENTS INCLUDE REJECT ENGINEERING/PUBLIC WORKS/ UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS X Comments: None ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Seabourn Cove Phase II\ABAN 13-002\COA after P&D Mtg.doc 360 of 430 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Seabourn Cove Phase II Utility Easement Abandonment (ABAN 13- 002) APPLICANT’S AGENT: Bradley Miller, Miller Land Planning, Inc. AGENT’S ADDRESS: 508 E. Boynton Beach Blvd., Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 16, 2013 & May 7, 2013 TYPE OF RELIEF SOUGHT: Abandonment of a three (3) foot-wide Utility Easement (ABAN 13-002) running in an east-west direction for a distance of approximately 918 feet, located in the original Killian’s Park plat and currently being developed as Seabourn Cove – Phase II, zoned PUD (Planned Unit Development). LOCATION OF PROPERTY: West side of S. Federal Highway near Miller Road (Seabourn Cove Phase II) DRAWING(S): SEE EXHIBIT “B” ATTACHED HERETO. ________ THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City’s Land Development Regulations. 2. The Applicant ___ HAS ___ HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit “D” with notation “Included”. 4. The Applicant’s application for relief is hereby ___ GRANTED subject to the conditions referenced in paragraph 3 hereof. ___ DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: _______________________________________________________________ 361 of 430 _____________________________________________________________________ _____________________________________________________________________ DATED:__________________________ _____________________________________________ City Clerk S:\Planning\SHARED\WP\PROJECTS\Seabourn Cove Phase II\ABAN 13-002\DO.doc 362 of 430 13. B LEGAL May 7, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 7, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED ORDINANCE NO. 13-010 - FIRST EQUESTED CTION BY ITY OMMISSION READING - Adopt the update to the Boynton Beach Administrative Amendments to the 2010 Florida Building Code ER: Based on Florida Statute 553.73 4(a), “Building Construction XPLANATION OF EQUEST Standards”, the State Legislature has provided for local jurisdictions to modify Chapter 1 of the Florida Building Code to deal with local issues and conditions that are unique and distinctive to each jurisdiction. th On March 6, 2012 the City Commission adopted the Boynton Beach Amendments to the 2010 Florida Building Code. The update to the Boynton Beach Amendments to the 2010 Florida Building Code allowed staff to perform a complete review and analysis of each requirement, regulation, and process. As part of the post-adoption process, staff anticipates the periodic need for, and is prepared to expeditiously process, updates and changes to the amendments for one or more of the following reasons or initiatives: 1. Business and economic development initiatives; 2. Sustainability initiatives; 3. Maintaining internal consistency; 4. Achieving regulatory compliance; and 363 of 430 5. Incorporating implementation feedback necessary to meet original or current objectives and vision. The proposed request would further item #1, Business and economic development initiative and item #3, internal consistency. As it currently exists, freeboard requirements associated with new construction or substantial improvements are located in two places within the City codes. The first place is the Boynton Beach Amendments to the 2010 Florida Building Code and the second place is Chapter 4, Article X, “Flood Prevention Requirements” of the City of Boynton Beach Land Development Regulations. Staff is proposing to consign the freeboard provisions to the LDR only and to remove them from the Boynton Beach Amendments to the 2010 FBC. This will help alleviate confusion and provide clarity to the public. In addition to the removal of the freeboard requirements staff has also included minor edits to clean up language affecting the management of unsafe structures, adding a previous permitting exemption for sheds less than 100 square feet, and removing fee specific language to maintain consistency with other areas of the amendments. H? The recommended clarifications OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES and amendments to the code will result in better public understanding of regulations, associated permitting costs, and reduce the negative economic impact. FI: None ISCAL MPACT A: Do not approve the update to the Administrative Amendments and LTERNATIVES retain the Boynton Beach Amendments to the 2010 Florida Building Code as originally th adopted on March 6, 2012. 364 of 430 ORDINANCE NO. 13- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA; PROVIDING FOR THE ADOPTION OF AN UPDATE TO THE BOYNTON BEACH ADMINISTRATIVE AMENDMENTS TO THE 2010 FLORIDA BUILDING CODE: PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS , pursuant to Chapter 553.73, Florida Statutes, the City Commission may adopt amendments to the administrative provisions of the Florida Building Code to deal with local issues and conditions that are unique and distinctive to each jurisdiction, subject to the limitations in said statute; and WHEREAS, the City of Boynton Beach adopted the Boynton Beach Amendments to the 2010 Florida Building Code on March 6, 2012; and WHEREAS, the City Commission hereby adopts an update to the Boynton Beach Administrative Amendments to the 2010 Florida Building Code; and WHEREAS , such amendments must be transmitted to the State within 30 days after enactment of the amendments. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. That the Update to the Boynton Beach Administrative Amendments to the 2010 Florida Building Code, are hereby amended by adopting those provisions contained in Exhibit "A", which is attached hereto and incorporated herein by reference. Section 3. That ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed, provided that in the event of a conflict with respect to the 365 of 430 administration of the building codes, existing administrative laws or rules of the City shall control. Section 4. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5. Authority is hereby given to codify this Ordinance. Section 6. This Ordinance shall become effective immediately. FIRST READING this ___ day of ______________, 2013. SECOND, FINAL READING AND PASSAGE this _____ day of _______, 2013. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor ______________________________ Vice Mayor – Woodrow L. Hay ______________________________ Commissioner – David T. Merker ______________________________ Commissioner – Michael M. Fitzpatrick _______________________________ Commissioner – Joe Casello ATTEST: ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 366 of 430 367 of 430 368 of 430 369 of 430 370 of 430 371 of 430 372 of 430 373 of 430 374 of 430 375 of 430 376 of 430 377 of 430 378 of 430 379 of 430 380 of 430 381 of 430 382 of 430 383 of 430 384 of 430 385 of 430 386 of 430 387 of 430 388 of 430 389 of 430 390 of 430 391 of 430 392 of 430 393 of 430 394 of 430 395 of 430 396 of 430 397 of 430 398 of 430 399 of 430 400 of 430 401 of 430 402 of 430 403 of 430 404 of 430 405 of 430 406 of 430 407 of 430 408 of 430 409 of 430 410 of 430 411 of 430 412 of 430 413 of 430 414 of 430 415 of 430 416 of 430 13. C LEGAL May 7, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 7, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED ORDINANCE NO. 13-011 - FIRST EQUESTED CTION BY ITY OMMISSION READING - Approve amending Chapter 2, Article VI of the City of Boynton Beach Code of Ordinances entitled "Impact and Selected Fees" to clarify the use of Park Impact Fee proceeds. ER: The City Commission passed and adopted Ordinance No. XPLANATION OF EQUEST 10-025, and Ordinance No. 11-032, which established a park and recreation facilities impact fee to provide a source of revenue to fund the construction or improvement of the city park system necessitated by growth, as delineated in the Capital Improvement Element of the Comprehensive Plan. The City Attorney’s Office recommends amending the City’s Code of Ordinances to update and clarify the provisions pertaining to the use and expenditure of Park Impact Fee proceeds. The proposed amendments provide for definitions and will provide clarification to staff related to the permitted uses of Park Impact Fee proceeds. Additionally, the proposed amendments provide for the investment of Park Impact Fee funds that are not immediately expended. H? Provide additional direction to staff OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES regarding the authorized use and expenditures of Park Impact Fee funds. FI: N/A ISCAL MPACT A: Do not adopt the Ordinance. LTERNATIVES 417 of 430 ORDINANCE NO. 13-____ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING PART III, CHAPTER 2, ARTICLE VI OF THE CITY OF BOYNTON BEACH CODE OF ORDINANCES, ENTITLED “IMPACT AND SELECTED FEES”, TO CLARIFY THE USE OF PARK IMPACT FEE PROCEEDS, PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY, PROVIDING FOR CODIFICATION, AND PROVIDING FOR AN EFFECTIVE DATE . WHEREAS , the City Commission desires to amend the City’s Code of Ordinances to update and clarify the provisions pertaining to the use and expenditure of Park Impact Fee Proceeds; and WHEREAS, the City Commission of the City of Boynton Beach believes these revisions to its Code of Ordinances are consistent with and furthers the objectives and policies of the City’s Open Space and Recreation Element of the City’s Comprehensive Plan; and WHEREAS, the City Commission of the City of Boynton Beach believes these revisions to its Code of Ordinances to be in the best interests of the health, safety, and welfare of the residents, citizens, and businesses within the City of Boynton Beach. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. Part III, Chapter 2, Article VI, Section 2(G), of the City’s Code of Ordinances, Entitled “Use of Park Impact Fee Proceeds”, is hereby amended to read as follows: G. Use of Park Impact Fee Proceeds 1.The funds collected pursuant to the Park and Recreation Facilities Impact Fee Ordinance shall be paid to the city, and placed in a trust fund to be known as the reserve for parks and recreational facilities. a.This account shall be used solely for the acquisition, improvement, expansion or implementation of parks and recreational facilities in the city. purpose of providing growth-necessitated capital improvements to the City Park System including, but not limited to: 418 of 430 (1)Land acquisition, including any cost of acquisition; (2)Cost related to the enhancement or expansion of existing City owned parks or sites that the City maintains for recreational purposes; (3)Fees for professional services, including but not limited to architecture, engineering, surveying, landscaping, soils and material testing, legal, appraisals, and construction management; (4)Design and construction documents; (5)Site development and on-site and off-site improvements incidental to the construction thereto; (6)Any permitting or application fees necessary for the construction; (7)Design and construction of parks and recreational facilities; (8)Design and construction of drainage facilities required by the construction of parks and recreational facilities or improvements thereto; (9)Relocating utilities required by the construction of parks and recreational facilities or improvements or additions thereto; (10)Landscaping; (11)Acquisition of capital equipment for the City Park System; (12)Repayment of monies borrowed from any budgetary fund of the City which were used to fund growth necessitated capital improvements to the City Park System as provided herein; (13)Payment of principal and interest, necessary reserves and costs of issuance under any bonds or other indebtedness issued by the City to fund growth- necessitated improvements and additions to the City Park System subsequent to the effective date of this Ordinance; and (14)Costs related to the administration, collection, and implementation of the Park Impact Fees. b.Funds shall be used first for the purpose of providing park or recreational facilities reasonably related to serving the subdivision by purchasing land or by improving the land for park and recreational purposes. c.If both adequate land and improvements exist in the area, funds may be spent to acquire or improve park and recreational facilities elsewhere in the city. d. The expenditure of these funds shall accommodate increased utilization at City owned or maintained parks or sites. 2. For purposes of this Section, Capital Improvements to the City Park System means capital improvements, including land, land improvements, buildings, and equipment having a useful life of at least five years and a cost of at least $5,000.00, necessary for the provision of park and recreation services to new impact-generating development. 3. The moneys deposited into the Reserve for Parks and Recreational Facilities Trust Account shall be used solely to provide capital improvements to the City Park System as necessitated by growth and shall not be used for any expenditure that would be classified as a maintenance or repair expense. 4. Any Park Impact Fee funds on deposit which are not immediately necessary for expenditure shall be invested by the City. All income derived from such investments shall be deposited in the Reserve for Parks and Recreational Facilities Trust Account and used as provided herein. 419 of 430 2. The amount of the park impact fee collected pursuant to this section plus any interest accrued may be returned to the person or entity that paid the fee, upon petition for refund, only if such fees have not been expended or encumbered by the end of the fiscal year immediately following the sixth (6th) anniversary of the date upon which such fees were paid. 3. So long as the park impact fees have not been expended or encumbered by the city, the person or entity that paid the impact fee may request a refund in the event all development approvals, permits, and authorizations expire prior to the anniversary of the sixth (6th) year upon which such fees were paid. In addition to the requirements of this section, if the request for the refund is submitted prior to the anniversary of the sixth (6th) year upon which such fees were paid, the petition for the refund must include a justification as to the reason for refund, and prior to any refund being provided, the person or entity that paid the fee shall sign a notarized sworn statement releasing the city from any legal liability associated with the development of the property and the expired development approvals, permits, and authorizations. 4. Refunds shall be made in accordance with the following procedure: a.The completed petition for refund must be submitted to the Director of Parks, via certified mail return receipt requested, and shall consist of: (1)A notarized sworn statement that the applicant was the entity that paid the impact fee; (2)A copy of the dated receipt issued for payment of the impact fee or such other record that would indicate payment/credit for such fee; (3)A certified copy of the latest recorded deed; and (4)A copy of the most recent ad valorem tax bill. b.Within ninety (90) days from the date of a receipt of a complete petition for refund: (1)The Director of Recreation and Parks will advise the applicant of the status of the request for refund; and (2)If such impact fee or portions thereof have not been spent or encumbered within its applicable time period, then the fee or portion thereof not spent or encumbered shall be returned to the applicant. c.For the purposes of this section, fees collected shall be deemed to be spent or encumbered on the basis of first fee in, first fee out. Section 3. Each and every other provision of the City of Boynton Beach Code of Ordinances not herein specifically amended, shall remain in full force and effect as originally adopted. Section 4. If any clause, section, or other part or application this Ordinance shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and so not affecting the validity of the remaining portions or applications remaining in full force and effect. 420 of 430 Section 5. All Ordinances or parts of Ordinances in conflict herewith be and the same are repealed to the extent of such conflict. Section 6. It is the intention of the City Commission of the City of Boynton Beach that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Boynton Beach, Florida, and that the Sections of this Ordinance may be renumbered, or re lettered and the word "Ordinance" may be changed to "Section", "Article" or such other word or phrase in order to accomplish such intention. Section 7. This Ordinance shall become effective immediately upon its passage and adoption. 421 of 430 PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ON THE FIRST READING, THIS ___ DAY OF __________________, 2013. PASSED ADOPTED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ON THE SECOND AND FINAL READING, THIS ___ DAY OF __________________, 2013. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor ______________________________ Vice-Mayor – Woodrow L. Hay ______________________________ Commissioner – David Merker ______________________________ Commissioner – Michael Fitzpatrick ATTEST: _______________________________ Commissioner- Joe Casello ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) S:\CA\Ordinances\Ordinance - Park Impact Fee.doc 422 of 430 13. D LEGAL May 7, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 7, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve payment plan of utility fee arrearage. EQUESTED CTION BY ITY OMMISSION ER: An internal audit of utility accounts disclosed that Pelican Point at XPLANATION OF EQUEST Boynton Beach Condominium Association was in arrears in the payment of utility fees. As the result of a billing discrepancy there was an arrearage exceeding $140,000.00. After several months of negotiations the City reached a tentative payment plan with the Association whereby the Association will re-pay the City $140,893.17 in monthly installments to bring its account current. H? The payment plan will immediately OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES bring a significant utility account current and the need to carry over or litigate collection of the arrearage will be eliminated. FI: The City will receive $140,893.17 in uncollected utility fees in full. ISCAL MPACT A: Reject payment plan and revise re-payment schedule of unpaid fees. LTERNATIVES 423 of 430 424 of 430 425 of 430 14. A FUTURE AGENDA ITEMS May 7, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 7, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Hear quarterly report for the 1st Qtr 2013 update on EQUESTED CTION BY ITY OMMISSION Climate Action Plan Implementation - May 21, 2013 ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 426 of 430 14. B FUTURE AGENDA ITEMS May 7, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 7, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Presentation of Legislative Update by State EQUESTED CTION BY ITY OMMISSION Representative Lori Berman District 86 - May 21, 2013 ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 427 of 430 14. C FUTURE AGENDA ITEMS May 7, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 7, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Cost/Benefit comparison for televised City EQUESTED CTION BY ITY OMMISSION Commission meetings - 05/21/13 ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 428 of 430 14. D FUTURE AGENDA ITEMS May 7, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 7, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Update on Utilities CAP Fees - June 4, 2013 EQUESTED CTION BY ITY OMMISSION ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 429 of 430 14. E FUTURE AGENDA ITEMS May 7, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 7, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Special City Commission Budget Meetings, EQUESTED CTION BY ITY OMMISSION Monday, July 22, 2013 @ 3:00 p.m., Tuesday, July 23, 2013 @ 10:00 a.m. and Wednesday, July 24, 2013 @ 3:00 p.m. in the Library Program Room at the City Library ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 430 of 430