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Agenda 06-04-13 Searchable The City of The City of Boynton Beach Boynton Beach 100 E. Boynton Beach Boulevard ● (561) 742-6000 TUESDAY, JUNE 4, 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 319 1. OPENINGS A. Call to order - Mayor Jerry Taylor B. Invocation C. Pledge of Allegiance to the Flag led by Vice Mayor Woodrow Hay 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 None 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following openings exist: Arts Commission: 1 regular and 2 alternates Building Board of Adjustment and Appeals: 3 regulars and 2 alternates 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 Golf Course Advisory Committee: 1 regular Historic Resource Preservation Board: 2 regulars and 1 alternate Library Board: 1 regular and 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 3 of 319 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 PROPOSED RESOLUTION NO. R13-045 A. - Authorize and direct execution of an eleventh amendment to the Site Lease and Joint Use Agreement between the City, Palm Beach County, and New Cingular Wireless PCS, LLC (fka AT&T Wireless) to allow antenna modifications and to update the tower schematics exhibit of the lease for the telecommunications tower at the Rolling Green Municipal Complex (515 NW 14th Court). B. Approve the minutes from the Regular City Commission meeting held on May 21, 2013 C. Authorize the City Manager or City Manager's designee to apply for and execute agreements and documents on behalf of the City of Boynton Beach associated with the Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program (HMGP) for the Utilities Department's project known as North and South Roads Stormwater Improvements. PROPOSED RESOLUTION NO. R13-046 D. - Approve Waiver of Right of First Refusal for The Estate of Myrtle Lee Marshall of 309 N.W. 11th Avenue, Boynton Beach, Florida, 33435. E. Accept the resignation of Dana Rushing, as a regular member of the Community Relations Board 7. BIDS AND PURCHASES OVER $100,000 None 8. CODE COMPLIANCE & LEGAL SETTLEMENTS A. Approve the settlement of the public records lawsuits filed by Joel Edward Chandler and Robert Scott Chandler 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. 13-014 - FIRST READING A. - Approve The Boynton High School Commercial Center (LUAR 13-002) reclassifying subject property from Public and Private Governmental/Institutional (PPGI) to Mixed Use (MX)); and 4 of 319 PROPOSED ORDINANCE NO 13-015 - FIRST READING - Approve The Boynton High School Commercial Center (LUAR 13-002) rezoning subject property from Public Usage (PU) to Mixed Use Low Intensity 1 (MU-L1), consisting of a site plan for the adaptive reuse of the old school building including two (2), two- (2) story additions totaling 6,300 square feet and related site improvements. Applicant: City-initiated. 10. CITY MANAGER’S REPORT A. Accept the FY 2012 -13 Budget Status Report of the General Fund & Utility Fund for the seven (7) month period ended April 30, 2013. 11. UNFINISHED BUSINESS A. 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. Consider request by Mr. David Katz to reevaluate the City Manager's decision regarding a violation of the City's former Lobbying Ordinance. 13. LEGAL PROPOSED ORDINANCE NO. 13-010 - SECOND READING - PUBLIC A. HEARING - Adopt the update to the Boynton Beach Administrative (TABLED ON 5/21/13 Amendments to the 2010 Florida Building Code. ) PROPOSED ORDINANCE NO. 13-011 - SECOND READING - PUBLIC B. HEARING - Approve amending Chapter 2, Article VI of the City of Boynton Beach Code of Ordinances entitled "Impact and Selected Fees" to clarify the TABLED ON 5/21/13) use of Park Impact Fee proceeds.( PROPOSED ORDINANCE NO. 13-012 - SECOND READING - PUBLIC C. HEARING - Approve amendment to Land Development Regulations (LDR) that extend the trial period for temporary feather banners for a second 12-month period, and set a limit of two (2), 90-day display periods. PROPOSED ORDINANCE NO. 13-013 - SECOND READING - PUBLIC D. HEARING - Amend the Land Development Regulations to: 1) Create Transit Oriented Development provisions & minimum standards within the mixed-use zoning district regulations; 2) Revise applicability of Flood Elevation & Freeboard Standards; and 3) Further amend parking requirements in support of adaptive reuse projects. City initiated. 5 of 319 PROPOSED ORDINANCE NO. 13-016 - FIRST READING E. - Amend Section 26.34 "Capital facilities charges and connection charges" and deleting Section 26.35 "Additional Charge" of the City's Code. The revised fee structure will be effective September 1, 2013. PROPOSED ORDINANCE NO. 13-017 - FIRST READING F. - Approve an Ordinance removing unnecessary language on voting by board members PROPOSED ORDINANCE NO. 13-018 - FIRST READING G. - Approve an Ordinance regarding rules of construction 14. FUTURE AGENDA ITEMS A. Consideration of fee amendments for Building and Planning & Zoning services - June 18, 2013. B. Request for funding of a WiFi project which will serve free broadband (WiFi) Internet access to the underserved areas of our community (06/18/13; tentative dependent on CRA Board decision on June 11, 2013). C. 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 D. Discuss the feasibility of constructing a dog park. - This item has been tabled to the Budget Workshops in July 2013 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. 6 of 319 5. A ADMINISTRATIVE June 4, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 4, 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: 1 regular and 2 alternates Building Board of Adjustment and Appeals: 3 regulars and 2 alternates 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 Golf Course Advisory Committee: 1 regular Historic Resource Preservation Board: 2 regulars and 1 alternate Library Board: 1 regular and 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. 7 of 319 FI: None ISCAL MPACT A: Allow vacancies to remain unfilled. LTERNATIVES 8 of 319 9 of 319 10 of 319 11 of 319 12 of 319 13 of 319 14 of 319 15 of 319 16 of 319 17 of 319 18 of 319 6. A CONSENT AGENDA June 4, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 4,2013 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. R13-045 - EQUESTED CTION BY ITY OMMISSION Authorize and direct execution of an eleventh amendment to the Site Lease and Joint Use Agreement between the City, Palm Beach County, and New Cingular Wireless PCS, LLC (fka AT&T Wireless) to allow antenna modifications and to update the tower schematics exhibit of the th lease for the telecommunications tower at the Rolling Green Municipal Complex (515 NW 14 Court). ER: A portion of the Rolling Green Municipal Complex has been XPLANATION OF EQUEST used since November of 1986 for a 320 foot self-supporting lattice telecommunications tower constructed by Cingular (fka AT&T). This tower is primarily shared by various City and County governmental agencies providing emergency services to the area, and by Cingular providing cellular phone and data service to its customers. The City Police Department and the County desire to make modifications to the tower antennas to support future uses. Also, Cingular requests approval for the addition of equipment and frequencies to the tower to upgrade their regional network. In order to accommodate the City’s, County’s, and Cingular’s requests, it is necessary to update the Antenna Tower Schematics (Exhibit “G”) of the Tower Site Lease which tracks antenna loading, locations, and configurations. It has been determined that the antenna modifications to the tower will not adversely affect the structural capacity of the tower or interfere with the frequencies of users on the tower. H? The proposed modifications to OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES antennas and frequencies will provide improved emergency communications for local government agencies and provide improved coverage for Cingular customers. 19 of 319 FI: N/A ISCAL MPACT A: Not approve (which could result in inferior emergency communications LTERNATIVES for the City and County). 20 of 319 RESOLUTION NO. R13- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF THE ELEVENTH AMENDMENT TO THE TOWER SITE LEASE AND JOINT USE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND NEW CINGULAR WIRELESS PCS, LLC AND PALM BEACH COUNTY, FLORIDA FOR THE TELECOMMUNICATIONS TOWER AT THE ROLLING GREEN MUNICIPAL COMPLEX; AND PROVIDING AN EFFECTIVE DATE. th WHEREAS, a portion of the Rolling Green Municipal Complex located at 515 NW 14 Court has been used for a communications tower constructed by Cingular (f/k/a/ AT&T); and WHEREAS, this tower is primarily shared by various City and County governmental agencies providing emergency services to the area and by Cingular providing cellular phone and data service to its customers; and WHEREAS, the City Police Department and County desire to make modifications to the tower antennas to support future uses along with Cingular requesting approval for the addition of equipment and frequencies to the tower to upgrade their regional network; 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 execute an Eleventh Amendment to the Tower Site Lease and Joint Use Agreement with New Cingular Wireless PCS, LLC., and Palm Beach County, Florida; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 21 of 319 approve and authorize execution of the Eleventh Amendment to the Tower Site Lease and Joint Use Agreement with Cingular Wireless and Palm Beach County Communications, attached hereto as Exhibit “A”. Section 3. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this _____ day of June, 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) 22 of 319 ************************************************************************ ELEVENTH AMENDMENT TO TOWER SITE LEASE AND JOINT USE AGREEMENT between CITY OF BOYNTON BEACH, FLORIDA and NEW CINGULAR WIRELESS PCS, LLC, a Delaware limited liability company F/K/A AT&T WIRELESS PCS, LLC and PALM BEACH COUNTY, FLORIDA ************************************************************************ Boynton Beach Tower Exhibits: Exhibit “G” - Antenna Tower Schematics 23 of 319 G:\PREM\PM\Out Lease\City of Boynton AT&T Tower\Amend 11\Tower Site Lease - 11th Amendment.002.hf app 04-17-2013.doc 24 of 319 ELEVENTH AMENDMENT TO TOWER SITE LEASE AND JOINT USE AGREEMENT THIS ELEVENTH AMENDMENT TO TOWER SITE LEASE AND JOINT USE AGREEMENT(R-99-311-D), is made and entered into this ___ day of ____________, 2006, by and between The City of Boynton Beach, Florida, a municipal corporation ("CITY"), NEW CINGULAR WIRELESS PCS, LLC, a Delaware limited liability company (“CINGULAR”) f/k/a AT&T Wireless PCS, LLC (“AT&T”), and Palm Beach County, a political subdivision of the State of Florida, hereinafter referred to as ("COUNTY"). WITNESSETH: WHEREAS, CITY and West Palm Beach Cellular Telephone Company entered into that certain Tower Site Lease and Joint Use Agreement dated November 18, 1986 (the “Original Lease”) for the construction of a 320-foot self-supporting communications tower upon the Premises; and WHEREAS, CITY and Palm Beach County Cellular Telephone Company, as the successor in interest to West Palm Beach Cellular Telephone Company, entered into that certain Amendment to Tower Site Lease and Joint Use Agreement, dated June 21, 1988 (the “First Amendment”); and WHEREAS, CITY and Palm Beach Cellular Telephone Company, as successor in interest to Palm Beach County Cellular Telephone Company, entered into that certain Amendment Number Two to Tower Site Lease and Joint Use Agreement dated June 20, 1989 (the “Second Amendment”); and WHEREAS, CITY, Palm Beach Cellular Telephone Company, and Richard P. Wille as Sheriff of Palm Beach County, entered into that certain Joint Use Agreement dated August 22, 1989 (the “Third Amendment”); and WHEREAS, CITY and AT&T, as the successor in interest to Palm Beach Cellular Telephone Company, entered into that certain Fourth Amendment to Tower Site Lease and Joint Use Agreement in 1998 (the “Fourth Amendment”); and WHEREAS, CITY, AT&T and COUNTY entered into a Fifth Amendment to Tower Site Lease and Joint Use Agreement dated February 23, 1999 (the “Fifth Amendment”); and WHEREAS, CITY, AT&T and COUNTY entered into a Sixth Amendment to Tower Site Lease and Joint Use Agreement dated June 5, 2001 (R2001-0867) (the “Sixth Amendment”) in order to modify the legal description and authorize the County to install a generator with fuel tanks; and WHEREAS, CITY, AT&T and COUNTY entered into a Seventh Amendment to Tower Site Lease and Joint Use Agreement dated May 21, 2002 (R2002-0766) (the “Seventh Amendment”) to allow AT&T to install new antenna and transmission lines to accommodate new third generation Global System Mobil technology; and 25 of 319 WHEREAS, CITY, AT&T and COUNTY entered into an Eighth Amendment to Tower Site Lease and Joint Use Agreement dated January 13, 2004 (R2004-0098) (the “Eighth Amendment”) to allow the CITY to relocate their antennae; and WHEREAS, CITY, AT&T and COUNTY entered into a Ninth Amendment to Tower Site Lease and Joint Use Agreement dated November 16, 2004 (R2004-2366) (the “Ninth Amendment”) to allow the CITY to replace an existing antenna and add two new antennas; and WHEREAS, CITY, AT&T and COUNTY entered into a Tenth Amendment to Tower Site Lease and Joint Use Agreement dated May 16, 2006 (R2006-0857) to allow COUNTY to install communication equipment for the purpose of deploying a countywide paging system and added equipment to upgrade CINGULAR’s regional network. The Original Lease, as amended by the First Amendment, the Second Amendment, the Third Amendment, the Fourth Amendment, the Fifth Amendment, the Sixth Amendment, the Seventh Amendment, the Eighth Amendment, the Ninth Amendment, and the Tenth Amendment is hereinafter referred to as the “Tower Site Lease”; and WHEREAS, West Palm Beach Cellular Telephone Company of Florida, Inc., through a succession of mergers, merged into CINGULAR, and CINGULAR has agreed to be bound by all of the terms and conditions of the Tower Site Lease and Joint Use Agreement (R99-311-D), as amended; and WHEREAS, COUNTY and CITY desire to make modifications to the tower to support future use; and WHEREAS, CINGULAR has requested approval for the addition of equipment and frequencies to the tower to upgrade their regional network; and WHEREAS, in order to accommodate the COUNTY’s, CITY’s and CINGULAR’s request, it is necessary to modify the Antenna Tower Schematics exhibit of the Tower Site Lease; and WHEREAS, CITY, CINGULAR and COUNTY acknowledge and agree that the antenna changes contemplated herein will not adversely affect the structural capacity of the Tower or interfere with the frequencies of users on the Tower. NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth, and various other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. All defined terms as used herein shall have the same meaning and effect as in the Tower Site Lease. 2. Exhibit “G” (Antenna Tower Schematics) attached to the Tenth Amendment to the Tower Site Lease shall be replaced with a new Exhibit “G” (Antenna Tower Schematics) attached hereto and incorporated herein by reference. 3. Section 10.02, Notices, is amended so that Notices shall be sent as follows: As to the County: 26 of 319 Property and Real Estate Management Division Attention: Director 2633 Vista Parkway West Palm Beach, FL 33411 With a copy to: Palm Beach County Attorney’s Office Attention: Real Estate 301 North Olive Avenue, Suite 601 West Palm Beach, FL 33401 As to the City: Communication Division 100 East Boynton Beach Blvd. Boynton Beach, FL 33435 As to AT&T: New Cingular Wireless PCS, LLC By: AT&T Mobility Corporation Attn.: Network Real Estate Administration RE: Cell Site Name: Boynton Beach #WP-05 FA No.: 10070002 12555 Cingular Way, Suite 1300 Alpharetta, GA 30004 With a copy to: New Cingular Wireless PCS, LLC Attn.: Legal Department RE: Cell Site Name: Boynton Beach #WP-05 FA No.: 10070002 1025 Lenox Park Blvd. 5th Floor Atlanta, GA 30319 4. The Tower Site Lease is hereby modified to add the following: Section 18. Non-Discrimination. Tenant shall assure and certify that it will comply with the Title VI of the Civil Rights Act of 1964, as amended, and Palm Beach County Resolution No. R92-13, and shall not discriminate against any individual on the basis of their race, color, national origin, religion, ancestry, sex, age, marital status, familial status, sexual orientation, gender identity or expression, or disability with respect to any activity occurring on the Premises or conducted pursuant to this Lease. Tenant warrants that in the event the facilities constructed or operated upon the Premises are public facilities the same shall be open to and benefit all residents of 27 of 319 Palm Beach County and shall be available thereto on the same cost and availability basis as to residents of the municipality in which the Premises are located. Section 19. Office of the Inspector General. Palm Beach County has established the Office of the Inspector General. The Inspector General’s authority includes but is not limited to the power to review past, present and proposed County contracts, transactions, accounts and records, to require the production of records, and audit, investigate, monitor, and inspect the activities of the parties or entities with which the County enters into agreements, their officers, agents, employees, and lobbyists in order to ensure compliance with contract specifications and detect corruption and fraud. All parties or entities doing business with the County or receiving County funds shall fully cooperate with the Inspector General including granting the Inspector General access to records relating to the agreement and transaction. 5. Except as modified by this Eleventh Amendment, the Tower Site Lease remains unmodified and in full force and effect in accordance with the terms thereof. (REMAINDER OF PAGE INTENTIANALLY LEFT BLANK) 28 of 319 IN WITNESS WHEREOF, COUNTY, CINGULAR, and CITY have executed this Agreement, or have caused the same to be executed by their duly authorized representatives, as of the day and year first above written. WITNESS: NEW CINGULAR WIRELESS PCS, LLC, a Delaware limited liability company By: AT&T Mobility Corporation Its: Manager __________________________ By: _____________________________ __________________________ Print Name __________________________ ATTEST: ________________________ __________________________ ______________________________ ___ Print Name Print Name and Title (SEAL) ATTEST: THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation of the State of Florida City Clerk By:_________________________ ____________________________ Print Name and Title APPROVED AS TO FORM AND LEGAL SUFFICIENCY 29 of 319 ___________________________ City Attorney 30 of 319 ATTEST: SHARON R. BOCK PALM BEACH COUNTY, a political CLERK & COMPTROLLER subdivision of the State of Florida By: By: Deputy Clerk Steven L. Abrams, Mayor Signed and delivered in the presence of: Witness Signature Print Witness Name Witness Signature Print Witness Name APPROVED AS TO FORM APPROVED AS TO TERMS AND LEGAL SUFFICIENCY AND CONDITIONS By:______________________ By: ____________________________ Assistant County Attorney Audrey Wolf, Director Facilities Development & Operations G:\PREM\PM\Out Lease\City of Boynton AT&T Tower\Amend 11\Tower Site Lease - 11th Amendment.002.hf app 04-17-2013.doc 31 of 319 32 of 319 33 of 319 34 of 319 35 of 319 36 of 319 37 of 319 38 of 319 39 of 319 6. B CONSENT AGENDA June 4, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 4, 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 Regular City EQUESTED CTION BY ITY OMMISSION Commission meeting held on May 21, 2013 The City Commission met on May 21st, 2013 and minutes were prepared from the notes taken at the meeting. 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 40 of 319 41 of 319 42 of 319 43 of 319 44 of 319 45 of 319 46 of 319 47 of 319 48 of 319 49 of 319 50 of 319 51 of 319 52 of 319 53 of 319 54 of 319 55 of 319 56 of 319 57 of 319 58 of 319 59 of 319 60 of 319 61 of 319 62 of 319 63 of 319 64 of 319 6. C CONSENT AGENDA June 4, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 4, 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: Authorize the City Manager or City Manager's EQUESTED CTION BY ITY OMMISSION designee to apply for and execute agreements and documents on behalf of the City of Boynton Beach associated with the Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program (HMGP) for the Utilities Department's project known as North and South Roads Stormwater Improvements. ER: The Federal Emergency Management Agency (FEMA) and the XPLANATION OF EQUEST Florida Division of Emergency Management announced the availability of Hazard Mitigation Grant Program (HMGP) funds as a result of the Presidential Disaster Declaration for Hurricane Isaac (FEMA 4084-DR-FL). HMGP funding is authorized by Section 404 of the Robert T. Stafford Disaster Relief Act. This funding helps communities implement measures to reduce or eliminate long-term risk to people and property from natural hazards and their effects. Under this program, applicants can receive up to 75% cost-share funding. If successful, the City will be responsible for 25% of the project costs. Activities that have been reimbursed from either FEMA or other state or federal sources are not eligible. A resolution authorizing the City Manager to apply for and execute agreements and document associated with the HMGP funding is an application requirement. The grant will be used to reimburse the City for costs associated with Phase 1 of the North and South Roads Stormwater Improvements project, which will include selection of a qualified engineering consultant via a Request for Qualifications (RFQ), surveying, engineering design, and permitting services. When the project is ready for construction, the City will be eligible to submit a grant application for the construction costs (Phase 2), depending on available HMGP funding at that time. City staff attended an application development workshop on May 2, 2013 at 65 of 319 the Palm Beach County Emergency Operations Center where the eligibility and application requirements were discussed. H? The North and South Roads OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Stormwater Improvements project will include drainage improvements in a neighborhood that is prone to flooding after both minor rain events and major storms, such as hurricanes and tropical storms. The neighborhood is particularly vulnerable as it is at sea level and is prone to flooding due to tidal influence, rain accumulation, and storm surge. The implementation of the project will improve the drainage in the neighborhood, eliminate the routine flooding nuisances, and provide a positive stormwater outfall. There is public support for the project, based on the number of complaints received whenever it rains. FI: The HMGP funding provides up to 75% of the eligible project costs. The costs ISCAL MPACT for surveying, engineering design, and permitting services for Phase 1 of the project are estimated at $300,000. The City is requesting $225,000 in grant funds. Matching funds in the amount of $75,000 are available in the Utilities Department’s Capital Improvement Program (CIP). A: The Utilities Department could fund the entire project. LTERNATIVES 66 of 319 6. D CONSENT AGENDA June 4, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 4, 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. R13-046 - EQUESTED CTION BY ITY OMMISSION th Approve Waiver of Right of First Refusal for The Estate of Myrtle Lee Marshall of 309 N.W. 11 Avenue, Boynton Beach, Florida, 33435. EXPLANATION OF REQUEST: The house belonging to the late Myrtle Lee Marshall was built in 2008 with the assistance of City funds and insurance proceeds when her home was destroyed by fire in December of 2006. The City’s Community Improvement funding of $75,000 was secured by a fifteen year mortgage with annual forgiveness of $5,000, as well as an Agreement for Right of First Refusal, which gave the City first option to purchase the property should it be put up for sale. The City has no interest or funding available to purchase the house from the estate; therefore, the City has been requested to waive the Right of First Refusal so that the property can be sold. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES: Any funds that the City receives as a result of the sale would be deposited into the Community Improvement Fund and used for future housing related projects/programs. FISCAL IMPACT: The City stands to recoup $45,000 of its original investment of Community Improvement Funds which would then be used for future program funding. ALTERNATIVES: Not to waive the right of first refusal. 67 of 319 RESOLUTION NO. R13-____ A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE WAIVER OF THE CITY’S RIGHT OF FIRST REFUSAL FOR THE PROPERTY TH LOCATED AT 309 N.W. 11 AVENUE, BOYNTON BEACH, FLORIDA 33435; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on February 14, 2008, Myrtle Marshall and the City of Boynton Beach executed a First Mortgage and Security Agreement instituted under the SHIP Program, in which the City provided Myrtle Marshall a $75,000.00 loan for the purchase of the property located at th 309 N.W. 11 Avenue, Boynton Beach, FL 33435 (the “Mortgaged Property”); and WHEREAS, on February 14, 2008, Myrtle Marshall and the City of Boynton Beach entered into an Agreement, granting the City the Right of First Refusal to purchase the Mortgaged Property for the same purchase price as set forth in a written valid offer of a contract for sale and purchase; and WHEREAS, Myrtle Marshall is deceased, and her Estate has received an offer from a buyer to purchase the Mortgaged Property; and WHEREAS, the City has no interest or funding available to purchase the Mortgaged Property from the Estate; and WHEREAS, the City Commission deems it appropriate to authorize and approve a Waiver of the City’s Right of First Refusal for the Mortgaged Property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON : BEACH, FLORIDA, THAT Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby ratified and confirmed by the City Commission Section 2. That the City Commission of the City of Boynton Beach hereby approves th the waiver of the City’s Right of First Refusal for the property located at 309 N.W. 11 Avenue, Boynton Beach, Florida 33435. Section 3. That this Resolution will become effective immediately upon passage. 68 of 319 PASSED AND ADOPTED this _____ day of June, 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) 69 of 319 70 of 319 71 of 319 6. E CONSENT AGENDA June 4, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 4, 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 Dana Rushing, as a EQUESTED CTION BY ITY OMMISSION regular member of the Community Relations Board ER: Dana Rushing has submitted her resignation as a Regular XPLANATION OF EQUEST member of the Community Relations Board. H? The Community Relations Board OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES will have a vacant position. FI: None ISCAL MPACT A: None LTERNATIVES 72 of 319 73 of 319 8. A CODE COMPLIANCE & LEGAL SETTLEMENTS June 4, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 4, 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 settlement of the public records EQUESTED CTION BY ITY OMMISSION lawsuits filed by Joel Edward Chandler and Robert Scott Chandler ER: The City Attorney’s Office has successfully negotiated the XPLANATION OF EQUEST settlement of the following two public records lawsuits for $500 per case: 1. Joel Edward Chandler v. City of Boynton Beach Police Department, Case No. 502012CA022906XXXXMB; and 2. Robert Scott Chandler v. City of Boynton Beach, Case No. 502012CA023348XXXXMB. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: $1,000.00 ISCAL MPACT A: Deny the settlement and litigate the issues. LTERNATIVES 74 of 319 9. A PUBLIC HEARING June 4, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 4, 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. 13-014 - FIRST EQUESTED CTION BY ITY OMMISSION READING - Approve The Boynton High School Commercial Center (LUAR 13-002) reclassifying subject property from Public and Private Governmental/Institutional (PPGI) to Mixed Use (MX)); and PROPOSED ORDINANCE NO 13-015 - FIRST READING - Approve The Boynton High School Commercial Center (LUAR 13-002) rezoning subject property from Public Usage (PU) to Mixed Use Low Intensity 1 (MU-L1), consisting of a site plan for the adaptive reuse of the old school building including two (2), two- (2) story additions totaling 6,300 square feet and related site improvements. Applicant: City-initiated. ER: XPLANATION OF EQUEST The subject property contains a two-story school building designed in a predominantly Mediterranean Revival style by William Manley King. It was built in 1927; in1986, the site was added to the Florida Master Site File, the State of Florida’s official inventory of historical cultural resources. For about the last 15 years, the building has been mostly vacant. During this time, it was a subject of several unsuccessful attempts to identify funding sources to rehabilitate and reuse the structure. In 2012, the City Commission selected a proposal, now led by The Boynton Old School Partnership, for the renovation and adaptive reuse of the building, turning it into a mixed-use venue with retail, restaurants, event and exhibit space. Subsequently, in February 2013, the City Commission approved the historic designation application for 75 of 319 the site, which will help to fund the project by allowing the developer to apply for financial incentives available for historically designated sites. If the conditions specified in the Development Agreement between the City and The Boynton Old School Partnership regarding the project timeline are met, the City will proceed with the transfer of the property ownership to the developer. The subject land use amendment and rezoning requests have been submitted by the City to meet these conditions; concurrently, the developer has applied for the Major Site Plan Modification and also for a Certificate of Appropriateness, as required to process improvements to a historically designated site. The current land use and zoning of the property do not allow for any commercial activity as a principal use. The intended uses, with the exception of “performing arts”, would be allowed in the proposed MU-L1 zoning district. A code amendment to make theater a permitted use in the MU-L1 district is being processed concurrently with the subject request. Staff evaluated the request in accordance with the criteria specified in the Land Development Regulations, Chapter 2, Article II, Section 2.B and Section 2.D.3. The proposal is consistent with the Comprehensive Plan objectives and the CRA’s “Downtown Vision and Master Plan”, promoting historic preservation and the adaptive reuse of the old high school building. Moreover, the project is located within the Transit Oriented Development (TOD) area, and will therefore support TOD’s targets of higher employment intensity in the immediate area of the proposed future commuter station. th The Planning & Development reviewed the subject item on May 28 and forwards it with a recommendation of approval. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: It is difficult to project the annual property tax revenue. In 2012 the ISCAL MPACT building, which will require extensive rehabilitation, was assessed at $373,674, and the land at $462,660. Note that the current boundaries of the high school parcel do not correspond to the boundaries of the property to be transferred; the total acreage of the latter is 1.939, more than double the present size of the old high school parcel. The qualifying exterior improvements, which have yet to be determined, will be tax exempt for up to 10 years. The annual fire assessment fee for the project will be approximately $7,500. The projected annual water, sewer and stormwater charges are estimated to be $5,700. A: None recommended. LTERNATIVES 76 of 319 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 13-013 STAFF REPORT TO: Chair and Members Planning and Development Board THRU:Michael Rumpf Planning and Zoning Director Hanna Matras, Senior P FROM:lanner DATE:May 14, 2013 PROJECT: The Boynton Old School Commercial Center REQUEST: Approve the Boynton Old School Commercial Center (LUAR 13-002) reclassifying subject property from Public and Private Governmental/ Institutional (PPGI) to Mixed Use (MX). REQUEST: Approve the Boynton Old School Commercial Center (LUAR 13-002) rezoning subject property from Public Usage (PU) to Mixed Use Low Intensity 1 (MU-L1) consisting of a site plan for the adaptive reuse of the Old Boynton High School building and related site improvements. ________________ PROJECT DESCRIPTION Property Owner: The Boynton Old School Partnership (contract purchaser) Applicant: City of Boynton Beach Location: 125 East Ocean Avenue (see Exhibit “A”) Existing Land Use/Zoning: Public and Private Governmental/Institutional (PPGI)/ Public Usage (PU) Proposed Land Use/Zoning: Mixed Use (MX)/Mixed Use Low Intensity 1 (MU-L1) Proposed Use: Mixed use of commercial, retail, exhibit and performing arts space Acreage: 1.939 acres Adjacent Uses: st North: The right-of-way for NE 1 Avenue; farther north, the City Hall Complex, classified Public and Private Governmental/Institutional (PPGI) and zoned Public Usage (PU); 77 of 319 South: The Boynton Beach City Library and Civic Center, classified Public and Private Governmental/Institutional (PPGI) and zoned Recreation (REC); East: Schoolhouse Children’s Museum and Learning Center, and Kids Kingdom park, classified Public and Private Governmental/ Institutional (PPGI) and zoned Public Usage (PU); West: Right-of-way for Seacrest Boulevard; and farther west First United Methodist Church, classified Low Density Residential (LDR) and High Density Residential (HDR) and zoned R-3 (Multi-Family Residential) and R-1A (Single-Family Residential). BACKGROUND The subject property contains a two-story school building built in 1927 during the Florida Boom Period (1919 – 1929). The school was designed in a predominantly Mediterranean Revival style by William Manley King, the architect of many Palm Beach County schools and other notable buildings, but also includes elements of Art Deco, which flourished in the early 1930s. In 1986, the site was added to the Florida Master Site File, the State of Florida’s official inventory of historical cultural resources. For about the last 15 years, the building has been mostly vacant. During this time, it was a subject of several unsuccessful attempts to identify funding sources to rehabilitate and reuse the structure. A number of options, which included demolishing the building and redeveloping the parcel, had been considered. In 2012, the City Commission selected a proposal, now led by The Boynton Old School Partnerhip, for the renovation and adaptive reuse of the building, turning it into a mixed- use venue with retail, restaurants, event and exhibit space. Subsequently, in February 2013, the City Commission approved the historic designation application for the site, which will help to fund the project by allowing the developer to apply for financial incentives available for historically designated sites. If the conditions specified in the Development Agreement between the City and The Boynton Old School Partnership regarding the project timeline are met, the City will proceed with the transfer of the property ownership to the developer. The subject land use amendment and rezoning requests have been submitted by the City to meet these conditions; concurrently, the developer has applied for the Major Site Plan Modification and also for a Certificate of Appropriateness, as required to process improvements to a historically designated site. The current land use and zoning of the property do not allow for any commercial activity as a principal use. The intended uses, with the exception of “performing arts”, would be allowed in the proposed MU-L1 zoning district. A code amendment to make theater a permitted use in the MU-L1 district is being processed concurrently with the subject request. 78 of 319 REVIEW BASED ON CRITERIA The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article II, Section 2.B and Section 2.D.3. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map (FLUM) or a rezoning. a. Demonstration of Need. A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. The site is located on Ocean Avenue and is a key element in the city’s downtown redevelopment efforts. Further underscoring the site’s importance is its location within the Transit Core, the one-quarter mile radius around the proposed future station for the commuter service on the FEC tracks along North East 4th Avenue, between Boynton Beach Boulevard and Ocean Avenue. The City’s land development regulations already contain several mixed-use zoning districts that will provide the base for establishing Transit Oriented Development (TOD) regulations, and such regulations are being phased in starting with the addition of minimum density and intensity standards consistent with the State’s recommended framework for TOD. A mixed use land use and zoning designation was not initially envisioned for properties that are part of the City Hall campus. However, the proposed land use amendment and rezoning would allow for uses which can potentially generate a number of jobs, helping the City to reach the minimum target gross employment intensity of 45 jobs per acre within a ½ mile radius of the proposed station as recommmended by the Florida TOD Guidebook (published by FDOT in December of 2012) for a community center-type TOD. The current employment intensity in this area is estimated to be only 16 jobs per acre. Moreover, the approval of the subject request would be the next step in the public-private partnership effort, and potentially the last chance to preserve a property with a significant role in the history of the Boynton Beach community by allowing a financially and economically feasible adaptive reuse of the building. Finally, the intended exhibit and performing arts uses would complement uses described for the Cultural Corridor on Ocean Avenue by the City of Boynton Beach Downtown Vision and Master Plan. b. Consistency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. TOD District . As noted in the previous section, the subject site is located within the Transit Core around the proposed future commuter station. The City is in the process of adopting TOD- regulations into the LDR’s mixed-use urban districts’ provisions and standards. The location standards for the subject area specify that the MU-L1 district shall apply to lands on Ocean thst Avenue between South East 4 Street and South East 1 Street. However, extending this district to the west to apply it to the old high school property is consistent with the need to generate jobs to support commuter ridership as well as with the City’s intent to preserve the old high school building as a valuable historic resource. With respect to the Comprehensive Plan, staff is working with the Treasure Cost Regional Planning Council on drafting the TOD-related Comprehensive Plan text amendments and plans to present them to the Board and Commission within the next six months. 79 of 319 Historic Preservation .The request, if approved, would facilitate preservation of a significant downtown historic property. Historic preservation is embraced by the Comprehensive Plan through Objective 1.14 and its policies: Objective 1.14 The City shall continue to protect native habitat, and preserve wetlands, archaeological sites and historic resources. Historic preservation is also supported by the City’s Land Development Regulations and redevelopment plans. In 2010, the LDRs were amended to include the Historic Preservation Ordinance, designed to promote protection, restoration and reuse of historic resources. Finally, the 2008 “Downtown Vision and Master Plan” of the Boynton Beach CRA, which consolidates earlier redevelopment plans for the area, recommends readaptation of the high school building to new uses to preserve the core structure. c. Land Use Pattern. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and rezonings that would result in more desirable and sustainable growth for the community. Although there are no properties zoned MU-L1 in the vicinity of the subject property, two main factors support the request and offset the evidence of a “spot zoning,“ which is typically avoided according to sound zoning practice.The area surrounding the property has an eclectic land use and zoning pattern, including public usage, recreational, commercial and residential uses of varying type and density, and also, within 1,300 feet, properties zoned Central Business District and MU-H District of considerable potential intensity. Most importantly, the proposed future land use reclassification and rezoning would support restoration and reuse of a historic building, resulting in a desirable and sustainable outcome for the benefit of the community, and one supported by the Comprehensive Plan. d. Sustainability. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would support the integration of a mix of land uses consistent with the Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses; 2) access to alternative modes of transportation; and 3) interconnectivity within the project and between adjacent properties. The proposed amendment and rezoning meets all three criteria of sustainability. The adaptive reuse of this property for a mix of commercial, retail, exhibit and performing arts space would successfully complement existing civic and cultural uses and future uses along the envisioned Cultural Corridor on Ocean Avenue. The project, located within short distance of the proposed commuter station, would also maintain high connectivity to surrounding properites. e. Availability of Public Services / Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. The proposed land use amendment and rezoning are compatible with the existing and planned capacity of utility systems, roadways, and other public facilities. Specifically: Potable Water and Sewer 80 of 319 The City’s water, sewer and wastewater treatment capacity is available to serve the project. Traffic A traffic impact statement for the project was sent to the Palm Beach County Traffic Division for concurrency review in order to ensure an adequate level of service. No permits shall be issued for the project until the County determines the project complies with concurrency requirements. Solid waste On January, 2013, the Palm Beach County Solid Waste Authority notified the City that the sufficient disposal capacity will be available at the existing landfill through approximately the year 2026. Drainage Drainage will be reviewed in detail as part of the site plan, land development, and building permit review processes. All drainage plans shall satisfy all requirements of the city and local drainage permitting authorities. f. Compatibility. The application shall consider the following factors to determine compatibility: (1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties; and See responses to criteria “a” and “c.” The proposed rezoning and the ensuing restoration of the property could have a positive effect on property values. (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. See the response to the criterion “a.” The restoration of the old high school building and the uses that the proposed amendment and rezoning would allow could significantly contribute to the heightened pedestrian activity in the downtown area. g. Direct Economic Development Benefits. For rezoning/FLUM amendments involving rezoning to a planned zoning district, the review shall consider the economic benefits of the proposed amendment, specifically, whether the proposal would: (1) Further implementation of the Economic Development (ED) Program; The proposal would contribute to several target goals of the ED Program. It would: Enhance destination tourism opportunities – by adding another point of interest to o the City’s downtown area; Contribute to a better jobs/housing mix – by adding jobs to improve the TOD o jobs/residential unit balance, currently below the desired target; and Develop and promote a strong brand identity and image for Boynton Beach – by o preserving and reusing a significant historic property; (2) Contribute to the enhancement and diversification of the City’s tax base; 81 of 319 The proposal would enhance the City tax base, though it is difficult to project the annual tax revenue. In 2012, the property, which will require extensive rehabilitation, was assessed at $836,334. (Note that the current boundaries of the high school parcel do not correspond to the boundaries of the property to be transferred.) The qualifying exterior improvements will be tax exempt for up to 10 years. (3) Respond to the current market demand or community needs or provide services or retail choices not locally available; Although the current market demand for uses proposed for the site is uncertain, it should increase as stalled development and redevelopment activities in the area restart, and especially after the commuter service is launched. The amendment and rezoning request does respond to the community needs, since it will allow for preservation of the important historic resource. (4) Create new employment opportunities for the residents, with pay at or above the county average hourly wage; The project will generate a number of jobs, some of them temporary construction and trade jobs during the restoration and building process, and some by uses to be housed in the building. The majority of the jobs are likely to be at or below the county average hourly wage. (5) Represent innovative methods/technologies, especially those promoting sustainability; N/A (6) Be complementary to existing uses, thus fostering synergy effects; and See response to criterion “d.” (7) Alleviate blight/economic obsolescence of the subject area. The proposed land use amendment and rezoning would facilitate the rehabilitation of the historic building, which, although currently in fair structural condition, has suffered deterioration requiring major repairs. h. Economic Development Impact Determination for Conventional Zoning Districts. N/A i. Commercial and Industrial Land Supply. The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for commercial/industrial development. The proposed rezoning and FLUM amendment would remove the property from the public usage and make it available for commercial development. j. Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. N/A. The request is driven by the need to preserve and reuse the historic property. 82 of 319 MAJOR SITE PLAN MODIFICATION The request for a Major Site Plan Modification is being processed concurrently with the subject request. The applicant is seeking approval to rehabilitate the 31,234 square foot building for use as a commercial center comprised of restaurant, retail, and meeting space. The proposed rehabilitation work includes repairs to the building, replacement and repair of missing architectural details, minor demolition, site work, and landscaping. The applicant also proposes to add two (2), two-story additions to the east and west elevations to provide additional floor space of 6,300 square feet. RECOMMENDATION As indicated herein, staff has reviewed the proposed land use amendment and rezoning and found it: (1) consistent with the Comprehensive Plan objectives and the CRA’s “Downtown Vision and Master Plan”, promoting historic preservation and the adaptive reuse of the old high school building; and (2) supporting the TOD’s targets of higher employment intensity in the immediate area of the proposed future commuter station. Therefore, staff recommends that the subject request be approved. S:\Planning\SHARED\WP\PROJECTS\Boynton Old School Commercial Center\LUAR 13-002\Staff Report Copy.doc 83 of 319 84 of 319 10. A CITY MANAGER’S REPORT June 4, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 4, 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$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Accept the FY 2012 -13 Budget Status Report of EQUESTED CTION BY ITY OMMISSION the General Fund & Utility Fund for the seven (7) month period ended April 30, 2013. Explanation of Request: This report summarizes the estimated funding sources and the adopted expenditure budgets for the City’s General Fund and Utility Fund for the seven (7) month period ended April 30, 2013 (58% of the fiscal year). The analysis compares:  Actual results for the current period to the annual budget and  Actual results for the same period of the prior year annual budget. H? The annual budget is what OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES provides and controls the resources for City programs and services. FI: The annual budget and results to date for the General Fund and Utility ISCAL MPACT Fund. 85 of 319 GENERAL FUND FY 2012-13FY 2011-12FY 2013 vs. 2012 Annual Annual Actual to DateActual to Date BudgetActual BudgetBudget Amount%Amount%%% Revenues & Transfers$ 68,822$ 51,50575%$ 65,142$ 46,984 72%6%10% Expenditures$ (68,822)$ (43,179) 63%$ (65,142)$ (40,681)62%6%6% Excess (Deficit)$ - $ 8,326$ -$ 6,303 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 seventh month in FY 2012-13, revenues and transfers realized are approximately $51.5 M of the budget estimate compared to $46.9 M realized to date in FY 2011-12. Ad Valorem Taxes, net of discounts and TIF taxes to the CRA , received to date was $21.9 M as compared to $20.7 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 $2.46 M or 55% actual collected compared to $2.52 M or 56% in FY 2011-12. Business Taxes 2. are due at the beginning of the fiscal year. For FY 2012-13, $1.29 M or 95% has been collected which is almost equivalent to the FY 2011-12 amount of $1.3 M or 88%. State Shared revenues 3. of $3.87 M or 58% have been collected in FY2012-13 as compared to $3.71 M or 57% received in FY 2011-12. Public Safety revenues 4. at this point is on track with the budgeted amount; $2.82 M 86 of 319 or 74% was received compared to $2.70 M or 68% 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 seven month period ending April 30 (58% of the fiscal year) are $43.1 M that is 63% of the $68.8 M expenditure appropriation for FY 2012-13. The table at the top of Exhibit B displays actual expenditures of $43.1 M or 63% of the FY 2012-13 budget. At this point in the fiscal year, we are slightly ahead of spending levels compared to the $40.6 M or 62% 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 $2.2 M fund balance increase for the year based on the budget. FY 2012-13FY 2011-12FY 2013 vs. 2012 Annual Annual Actual to DateActual to Date BudgetActual BudgetBudget Amount%Amount%%% Revenues & Transfers$ 36,758$ 21,72059%$ 37,397$ 21,725 58%-2%0% Expenditures$ (36,758)$ (21,938)60%$ (37,397)$ (18,109)48%-2%21% Excess (Deficit)$ -$ (218)$ -$ 3,616 For the seven month period in FY 2012-13,  Revenues realized are $21.7 M (59%) of the annual budget estimate.  Expenditures incurred are $21.9 M (60%) of the annual appropriated budget. This results in expenditures in excess of revenues of approximately $ 218 K. The following provides brief comments on revenues and expenditures to date. Revenues (Exhibit C) - The $21.7 M in FY 2012-13 actual revenues and fund balance increase are on target with the $21.7 M to date in FY 2011-12, because of two factors:  Water Sales - $10.6 M equivalent to 59% of the annual estimate, compared to 87 of 319 $10.4 M (57%) 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 $21.9 M or 60% of the annual appropriation compared to expenditures of $18.1 M or 48% 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. 88 of 319 89 of 319 90 of 319 91 of 319 92 of 319 11. A UNFINISHED BUSINESS June 4, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 4, 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. 93 of 319  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. 94 of 319 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 95 of 319 96 of 319 97 of 319 98 of 319 12. A NEW BUSINESS June 4, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 4, 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: Consider request by Mr. David Katz to reevaluate EQUESTED CTION BY ITY OMMISSION the City Manager's decision regarding a violation of the City's former Lobbying Ordinance. ER: Attached is a letter addressed to City Manager Lori XPLANATION OF EQUEST LaVerriere requesting she reevaluate her findings that Mr. Katz was in violation of the City’s former lobbying ordinance. The ordinance in effect at the time of the City Manager’s findings has since been rescinded. The City’s lobbyist registration procedures fall under a countywide ordinance. The former ordinance provided an appeal process for the person to have his/her case heard before a special magistrate. Initially Mr. Katz was going to participate in the appeal process then he chose not to. Also attached are: 1) Notice of Violation Letter sent to Mr. Katz w/ attachment; and 2) the City of Boynton Beach’s Position Statement sent to mediator for the Appeal Hearing. The appeal was concluded by special magistrate without further input from Mr. Katz and left the City Manager’s finding of Mr. Katz’s violation of the ordinance in place. A $750 fine was issued. The fine has not been paid. Since the City has rescinded the ordinance under which this action was taken, there is no authority for the City Manager to take any further action. Therefore, it is appropriate to bring this before the City Commission for consideration and disposition. H? n/a OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES 99 of 319 FI: n/a ISCAL MPACT A: not consider request LTERNATIVES 100 of 319 101 of 319 102 of 319 103 of 319 104 of 319 105 of 319 106 of 319 107 of 319 108 of 319 109 of 319 110 of 319 111 of 319 112 of 319 113 of 319 114 of 319 115 of 319 116 of 319 117 of 319 13. A LEGAL June 4, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 4, 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 - EQUESTED CTION BY ITY OMMISSION SECOND READING - PUBLIC HEARING - Adopt the update to the Boynton Beach Administrative Amendments to the 2010 Florida Building Code. (TABLED ON 5/21/13) 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 118 of 319 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. 119 of 319 ORDINANCE NO. 13-010 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 120 of 319 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. th FIRST READING this 7 day of May, 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) 121 of 319 122 of 319 123 of 319 124 of 319 125 of 319 126 of 319 127 of 319 128 of 319 129 of 319 130 of 319 131 of 319 132 of 319 133 of 319 134 of 319 135 of 319 136 of 319 137 of 319 138 of 319 139 of 319 140 of 319 141 of 319 142 of 319 143 of 319 144 of 319 145 of 319 146 of 319 147 of 319 148 of 319 149 of 319 150 of 319 151 of 319 152 of 319 153 of 319 154 of 319 155 of 319 156 of 319 157 of 319 158 of 319 159 of 319 160 of 319 161 of 319 162 of 319 163 of 319 164 of 319 165 of 319 166 of 319 167 of 319 168 of 319 169 of 319 170 of 319 171 of 319 13. B LEGAL June 4, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 4, 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 - EQUESTED CTION BY ITY OMMISSION SECOND READING - PUBLIC HEARING - 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.(TABLED ON 5/21/13) 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 172 of 319 173 of 319 174 of 319 175 of 319 176 of 319 177 of 319 13. C LEGAL June 4, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 4, 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. 13-012 - EQUESTED CTION BY ITY OMMISSION SECOND READING - PUBLIC HEARING - Approve amendment to Land Development Regulations (LDR) that extend the trial period for temporary feather banners for a second 12- month period, and set a limit of two (2), 90-day display periods. ER: On May 7, 2013 the Commission received an update report XPLANATION OF EQUEST from staff regarding temporary feather banners and agreed to extend the temporary provisions for a second 12-month time period. The accompanying ordinance extends these temporary provisions from June 6, 2013 to June 6, 2014. Further, staff recommends that the regulations be amended to limit the number of display periods. The regulations, as established by Ordinance #11-030 and amended by Ordinance #12- 013, allow for unlimited 90-day display periods, with a 1-week renewal holding period to provide priority treatment of first-time applicants (recall that the regulations limit properties to 1 banner per business and 1 banner along the street front per 300 feet of linear frontage). Staff recommends that the LDR be amended to limit the maximum number of display periods to two (2) per year. This amendment would be to the Article IV, Section 4.B.10.e. The proposed change is shown in the attached ordinance. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: Continued contribution to permit revenues if banner regulations are ISCAL MPACT maintained. 178 of 319 A: Not modify regulations and continue allowing additional display periods, LTERNATIVES or make alternative or additional amendments to regulations. 179 of 319 ORDINANCE NO. 13-012 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS, CHAPTER 4 ARTICLE IV “SIGN STANDARDS” BY AMENDING SEC. 4 “STANDARDS”, SUBSECTION B.10e TO SET A LIMIT OF TWO (2) 90 DAY DISPLAY PERIODS; EXTENDING THE TRIAL PERIOD FOR A SECOND TWELVE MONTH PERIOD; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, on May 7, 2013, the City Commission received an updated report from staff regarding temporary feather banners and agreed to extend the temporary provisions for a second 12-month time period; and WHEREAS, the regulations as established by Ordinance 11-030 and amended by Ordinance 12-013 allow for unlimited 90-day display periods, however staff is recommending that the LDR be amended to limit the maximum number of display periods to two (2) per year; and WHEREAS, it is the intent of the City Commission to modify the sign code to limit the maximum number of display periods to two (2) per year and extend the trial basis for a 12-month period after which time the City Commission will evaluate if the use of temporary feather banner signs provides benefit to the business community in balance with aesthetic considerations which might negatively impact the City. 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. Article IV “Sign Standards”, Sec. 4 “Standards”, subsection B.10e shall be amended as follows: … 180 of 319 e. Duration. The maximum display period shall be ninety (90) days per 12-month period, except that feather banner permits may be issued for one (1) additional display periods contingent upon there being available space based on the maximum number of banners allowed per property as described above. In order to ensure priority treatment of first-time applicants, a permit for an additional 90-day display period may be requested after seven (7) working days following permit expiration, if there remains capacity on the property for the additional banner. If desired by a first-time applicant for a feather banner, applications shall be held by the City in queue for the next available display period based on the expiration dates of existing permits. Complete, first-time applications will be processed and held on a first-come, first-served basis. The duration period shall run for consecutive days. … 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 be deemed effective as of June 6, 2013 for a period of twelve (12) months and shall automatically be repealed after twelve (12) months. 181 of 319 st FIRST READING this 21 day of May, 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) 182 of 319 13. D LEGAL June 4, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 4, 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. 13-013 - EQUESTED CTION BY ITY OMMISSION SECOND READING - PUBLIC HEARING - Amend the Land Development Regulations to: 1) Create Transit Oriented Development provisions & minimum standards within the mixed-use zoning district regulations; 2) Revise applicability of Flood Elevation & Freeboard Standards; and 3) Further amend parking requirements in support of adaptive reuse projects. City initiated. 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. 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 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 183 of 319 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 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 minimum 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 BFE 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. The corresponding amendments to the local amendments to the 2010 Florida Building Code are also being proposed by staff within a separate agenda item. 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. 184 of 319 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 185 of 319 ORDINANCE NO. 13-013 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS TO CREATE TRANSIT ORIENTED DEVELOPMENT PROVISIONS AND MINIMUM STANDARDS WITHIN THE MIXED-USE ZONING DISTRICT REGULATIONS; AMENDING APPLICABILITY OF FLOOD ELEVATION AND FREEBOARD STANDARDS; AMENDING PARKING REQUIREMENTS IN SUPPORT OF ADAPTIVE REUSE PROJECTS; 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 as proposed to 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. 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. 186 of 319 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. st FIRST READING this 21 day of May, 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) 187 of 319 DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 13-009 TO: Chair and Members Planning & Development Board FROM: Michael Rumpf Planning and Zoning Director March 20, 2013 DATE: 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 188 of 319 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: 189 of 319 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 190 of 319 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. 191 of 319 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 Downtown Master Plan until such time as the future vision contained within the is realized through planned redevelopment of these parcels. A staff team, including CRA staff, previously collaborated to establish a list of appropriate uses Downtown and development regulations intended to implement the vision contained within the 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 192 of 319 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 193 of 319 194 of 319 195 of 319 196 of 319 197 of 319 198 of 319 199 of 319 200 of 319 201 of 319 202 of 319 203 of 319 204 of 319 205 of 319 206 of 319 207 of 319 208 of 319 209 of 319 210 of 319 211 of 319 212 of 319 213 of 319 214 of 319 215 of 319 216 of 319 217 of 319 218 of 319 219 of 319 220 of 319 221 of 319 222 of 319 223 of 319 224 of 319 225 of 319 226 of 319 13. E LEGAL June 4, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 4, 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. 13-016 - FIRST EQUESTED CTION BY ITY OMMISSION READING - Amend Section 26.34 "Capital facilities charges and connection charges" and deleting Section 26.35 "Additional Charge" of the City's Code. The revised fee structure will be effective September 1, 2013. ER: XPLANATION OF EQUEST Capital facilities charges are imposed on property owners when the property receives water and/or sewage service from systems owned or controlled by the city, or has a change in services. The amendment simplifies the process for calculating capital facilities charges. The amendment reflects charges based on number of bedrooms for residential and meter size or meter equivalent (ME) for commercial or non-residential. The changes to the Ordinance are intended to be revenue neutral. The baseline sets a two bedroom single family home as 1 ME or a ¾” – 5/8” size meter, the most common sized meter. In order to maintain a fee structure for residential, the City will continue to maintain an EDU or equivalent dwelling unit. This is different than a ME; however, the standard is 1 ME=1.4 EDU. Economic The proposed changes will partially fulfill two (2) objectives outlined in the Development Initiatives & Implementation Plan adopted by the City Commission on th October 18, 2011. Objective #16 - Adopt operational goals/objectives to guide all in furthering the economic initiatives. 227 of 319 Objective #17 - Review processes for improvements  By changing the non-residential capital facilities charge calculation process from a use based calculation to a meter size calculation it will streamline the process, eliminate the need for engineered flow calculations, use interpretations, and additional record keeping by the Development Department’s Building Division.  Additionally, the change will speed up the calculation process by providing for a simpler more accurate calculation and be more intuitive and user-friendly for developers, property owners, and design professionals when planning to make building and site improvements.  Finally and simply it will provide a way to correctly assess the cost of capital facilities charges to the project developer and help future tenants avoid realizing unexpected costs of capital facilities charges which are not normally anticipated or planned for by tenants. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES The Amendment to the Ordinance will eliminate the need to perform calculations based on a Palm Beach County Health Department table and staff interpretation of types of commercial establishments that are not listed on the table. The Departments affected will have a more clear and understandable guideline to follow for the calculation of capital facilities charges. FI: ISCAL MPACT The Ordinance is revenue neutral; there is no change in revenue. A: LTERNATIVES The first alternative is to not change the Ordinance and continue with the current system of calculating capital facilities charges. Another alternative is strictly by meter size. Staff comment noted that if this is done, on the residential side, single family homes larger than two bedrooms will leave potential revenue on the table. 228 of 319 ORDINANCE NO. 13- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER 26, “WATER, SEWERS AND CITY UTILITIES”, AMENDING SECTION 26-34, “CAPITAL FACILITIES CHARGES AND CONNECTION CHARGES”, TO SIMPLIFY THE PROCESS FOR CALCULATING CAPITAL FACILITIES CHARGES; DELETING SECTION 26.35 “ADDITIONAL CHARGE” IN IT’S ENTIRETY; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, Capital facilities charges are imposed on property owners when the property receives water and/or sewage service from systems owned or controlled by the city, or has a change in service; and WHEREAS, the amendment simplifies the process for calculating capital facilities charges and reflects charges based on number of bedrooms for residential and meter size or meter equivalent (ME) for commercial or non-residential; and WHEREAS, 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 Section 26.34 Capital Facilities Charges and Connection Charges and to delete Section 26.35, Additional Charges, in its entirety. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2. That Chapter 26, entitled “Water, Sewers and City Utilities”, Article II, Section 26-34, is hereby amended as follows: 229 of 319 Sec. 26-34 Capital facilities charges and connection charges. (A) CAPITAL FACILITIES CHARGE IMPOSED. When property receives water and/or sewage service from systems owned or controlled by the city, the owner of such property shall pay unto the city a water and/or sewage capital facilities charge as follows: Water: (1) ResidentialPproperty located within the municipal limits of Boynton Beach. (a) One thousand one hundred twenty-two dollars ($1,122.00) per equivalent dwelling unit. “Equivalent dwelling unit” is defined as a unit of construction having the same water usage as a one bedroom single-family home, and the number of equivalent dwelling units, for the purpose of this calculation, contained within the property shall be determined in accordance with the schedule attached to Ordinance Number 80-10 [Article II of this chapter] and by reference made a part thereof set forth below in subparagraph (3). Nonresidential property located within the municipal limits of Boynton Beach. (b) One thousand five hundred seventy dollars and eighty cents ($1,570.80) per three- quarter inch by five-eighths inch (3/4” x 5/8”) meter equivalent (ME). The table below indicates for various meter sizes the numbers of ¾” x 5/8” MEs and the charges. Meter Size ¾” x 5/8” ME Water Capital Facilities Charge ¾” x 5/8” 1.0 $1,570.80 1” 2.5 $3,927.00 1-1/2” 5.0 $7,854.00 2” 8.0 $12,566.40 3” 17.5 $27,489.00 4” 31.5 $49,480.20 6” 65.0 $102,102.00 8” 140.0 $219,912.00 10” 210.0 $329,868.00 ResidentialPproperty located beyond the municipal limits of Boynton Beach but (b) (c) within the utility service area. One thousand four hundred three dollars ($1,403.00) per equivalent dwelling unit. “Equivalent dwelling unit” is defined as a unit of construction having the same water usage as a one-bedroom single-family home, and the number of equivalent dwelling units, for the purpose of this calculation, contained within the property shall be determined in accordance with the schedule attached to Ordinance Number 80-10 [Article II of this chapter] and by reference made a part thereof set forth below in subparagraph (3). Nonresidential property located beyond the municipal limits of (d) Boynton Beach but within the utility service area . One thousand nine hundred sixty-two dollars and fifty cents ($1,962.50) per three-quarter inch by five-eighths 230 of 319 inch (3/4” x 5/8”) meter equivalent (ME). The table below indicates for various meter sizes the numbers of ¾” x 5/8” MEs and the charges. Meter Size ¾” x 5/8” ME Water Capital Facilities Charge ¾” x 5/8” 1.0 $1,952.50 1” 2.5 $4,906.25 1-1/2” 5.0 $9,812.50 2” 8.0 $15,700.00 3” 17.5 $34,343.75 4” 31.5 $61,818.75 6” 65.0 $127,562.50 8” 140.0 $274,750.00 10” 210.0 $412,125.00 Sewage: (2) ResidentialPproperty located within the municipal limits of Boynton Beach. (a) Six hundred sixty-five dollars ($665.00) per equivalent dwelling unit. “Equivalent dwelling unit” is defined as a unit of construction generating the same amount of sewage as a one-bedroom single-family home, and the number of equivalent dwelling units, for the purpose of this calculation, contained within the property shall be determined in accordance with the schedule attached to Ordinance Number 80-10 [Article II of this chapter] and by reference made a part thereof set forth below in subparagraph (3). Nonresidential property located within the municipal limits of Boynton Beach. (b) Nine hundred thirty-one dollars ($931.00) per three-quarter inch by five-eighths inch (3/4” x 5/8”) meter equivalent (ME). The table below indicates for various meter sizes the numbers of ¾” x 5/8” MEs and the charges. Meter Size ¾” x 5/8” ME Sewer Capital Facilities Charge ¾” x 5/8” 1.0 $931.00 1” 2.5 $2,327.50 1-1/2” 5.0 $4,655.00 2” 8.0 $7,448.00 3” 17.5 $16,292.50 4” 31.5 $29,326.50 6” 65.0 $60,515.00 8” 140.0 $130,340.00 10” 210.0 $195,510.00 231 of 319 ResidentialPproperty located beyond the municipal limits of the City of (b) (c) Boynton Beach but within the utility service area. Eight hundred thirty-one dollars ($831.00) per equivalent dwelling unit. “Equivalent dwelling unit” is defined as a unit of construction generating the same amount of sewage as a one-bedroom single-family home, and the number of equivalent dwelling units, for the purpose of this calculation, contained within the property shall be determined in accordance with the schedule attached to Ordinance Number 80-10 [Article II of this chapter] and by reference made a part thereof set forth below in subparagraph (3). Nonresidential property located beyond the municipal limits of Boynton (d) Beach but within the utility service area . One thousand one hundred sixty-three dollars and seventy-five cents ($1,163.75) per three-quarter inch by five-eighths inch (3/4” x 5/8”) meter equivalent (ME). The table below indicates for the various meter sizes the numbers of ¾” x 5/8” MEs and the charges. Meter Size ¾” x 5/8” ME Sewer Capital Facilities Charge ¾” x 5/8” 1.0 $1,163.75 1” 2.5 $2,909.38 1-1/2” 5.0 $5,818.75 2” 8.0 $9,310.00 3” 17.5 $20,365.63 4” 31.5 $36,658.13 6” 65.0 $75,643.75 8” 140.0 $162,925.00 10” 210.0 $244,387.50 Said capital facilities charge is designed to cover the cost of existing or additional raw water production facilities, water treatment facilities and water distribution facilities together with sewage transmission facilities either existing or additions and improvements thereto which will be utilized by the city to provide water and sewer service to said property. Said capital facilities charge shall be paid or in part credited if appropriate upon the issuance of the first building permit issued on the owner's property and shall be computed based upon the rate in effect upon that date in full prior to the execution of the Health Department applications or approval of the plans by the Utilities Department or issuance of the first permit of the project on the owner’s or development property or installation of the first water meter on the owner’s property, whichever is achieved first, and shall be computed based upon the rate in effect upon that date. A capital facilities charge shall not be assessed to restaurants for outdoor seating as long as said outdoor seating does not exceed fifty percent (50%) of the total customer seating provided by the restaurant at that location. All outdoor seating at restaurants located within a zoning district allowing a mix of uses in the Community Redevelopment Area, or restaurants located within a public building or the Public Usage Zoning District are exempt from the capital facilities charge. Under no circumstances shall any permanent or temporary seating be located partially or completely within required parking spaces, easements, fire lanes, access aisles, or the public right-of-way except with city approval and in accord with city regulations. 232 of 319 For the purposes of this section, "outdoor seating" is defined as any customer seating placed outside (exterior) of the fixed and permanent walls of the building where the restaurant is located. For properties located within the community redevelopment area that are assessed capital facilities charges pursuant to this section, the capital facilities charge may be paid in full prior to or at the time of building permit issuance or on an installment basis, without interest, for an amortization period not to exceed eighteen (18) months from building permit issuance. Should the installment payment option be utilized, charges will be billed on a monthly basis, and the property shall only be credited for the value of that portion of the capital facilities which has been paid. If oversizing funding has been carried out by a developer (or developers) that funding will have a capital facility charge credited in an amount no greater than the oversizing charge portion of the cost of original construction. Oversizing costs shall be defined to be the relative carrying capacity of the oversized lines as constructed versus the carrying capacity of the minimum sized lines that would have been required to serve the development (or developments) participating in the funding as follows: A.* B. C. Oversized Line Constructed Minimum Sized Lines Required Developer(s) Capital as Required by the Master to Serve Participating Facility Charge Credit as a Plan Developer(s) Percent of costs (Col. A x Col. B Costs) 44.444% 20 16 74.359 20 12 28.571 16 14 52.381 16 12 71.429 16 10 37.500 12 10 65.517 12 8 84.127 12 6 *From “equation of pipe chart attached as Exhibit A” to Ordinance Number 80-10, which exhibit is set out following this division. If in providing water or sewer service to an owner or developer, the city utilizes a part or parts of already installed city facilities that have been oversized pursuant to division 1 of this article, the responsibilities of each developer receiving such service subsequent to the trunk line 233 of 319 construction agreement for connecting to a system that has been previously oversized, will be to pay the proportional share (this developer(s) equivalent dwelling units as a percent of total equivalent dwelling units to be served by the oversize pipe) of the total cost (engineering, construction, etc.) of the system plus the following: (a) An adjustment equal to the engineering consumer price index increase, if any, since the contract date of the construction of the oversizing. (b) An adjustment that represents the interest (assumed to be 9%) that the city would have earned if the related capital facility charge credits were not given to the developer or developers who funded the oversizing. (c) An adjustment that represents an administrative charge to the city for handling the oversizing negotiations and procedures; the amount to be fifteen percent (15%). (d) Equivalent dwelling unit capital facilities charge then in effect for water and sewer services in accord with this chapter as amended. Note: Example-Assume three (3) developers representing four thousand (4,000) equivalent dwelling units require a twelve (12) inch line to serve them, and the three (3) developers jointly agree with the city to fund a sixteen (16) inch line which will serve twelve thousand (12,000) equivalent dwelling units. The three (3) developers will pay the entire cost of the installation of the line, but would receive credits against capital facility charges for 52.318% of the cost of the line divided among the three (3) developers according to their individual share of the four thousand (4,000) units. Developers tying-in to the system at a later date would pay a cost per unit equal to 1/12,000 of the construction costs plus items (a), (b), (c), and (d) above. (3) The following tables shall be used to determine the number of equivalent dwelling units and capital facilities charges for residential property with the indicate number of bedrooms: SINGLE FAMILY INSIDE CITY OUTSIDE CITY # Bedrooms (Multiplier) Water Sewer Water Sewer 1 Bedroom Unit (1.0) $1,122.00 $665.00 $1,402.50 $831.25 2 Bedroom Unit (1.4) $1,570.80 $931.00 $1963.50 $1,163.75 3 Bedroom Unit (1.8) $2,019.60 $1,197.00 $2,524.50 $1,496.25 4 Bedroom Unit (2.0) $2,244.00 $1,330.00 $2,805.00 $1,662.50 5 Bedroom Unit (2.2) $2,468.40 $1,463.00 $3,085.50 $1,828.75 APARTMENTS INSIDE CITY OUTSIDE CITY # Bedrooms (Multiplier) Water Sewer Water Sewer 1 Bedroom Unit (0.8) $ 897.60 $532.00 $1,122.00 $665.00 2 Bedroom Unit (1.2) $1,346.40 $798.00 $1,683.00 $997.50 3 Bedroom Unit (1.6) $1,795.20 $1,064.00 $2,244.00 $1.330.00 For single family dwellings with greater than 5 bedrooms, an additional 0.2 equivalent dwelling units shall be added to the Multiplier for each additional bedroom beyond 5, and the capital facilities charges shall be computed employing said multiplier. Any subdivision where each unit will be responsible for their own water will be classified under SINGLE FAMILY. 234 of 319 Duplexes are classified under apartments and multiplied by the number of bedrooms. Example: if 3 bedrooms per apartment, multiply the cost of 3 bedroom apartment x 2. Mobile homes and trailers are classified as having 1 equivalent dwelling unit (per City Ordinance 80-10) and are charged the same as a 1-bedroom unit. (B) USE OF FUNDS. All revenues derived from the charges imposed by this section, in excess of the sums required for actual reimbursement of costs for connection, shall be placed in a separate capital improvement fund to be known and designated as Capital Improvement Account of the Water and Sewers Utilities Fund, and shall be used only for the construction, acquisition, addition, extension, renewal and replacement of water and sewage systems of the city, as appropriated from time to time by the council Commission. If funds are not available in this fund either through revenue from capital facility charges or balance from bond issue, for the city to approve a project to extend water and sewer systems, the developer may advance fees to the utility trust fund. (C) WATER CONNECTION CHARGE. When property receives water service from the city facilities, the owner of such property shall pay unto the city a water connection charge, based upon the size of the service line and meters, for the cost of making the tap into the city system, installation of the service lateral and meters, together with the cost of the meters themselves. Said water connection charge shall be provided by the city commission, as same shall from time to time be amended. Conversion Factor No. of Type of Dwelling Equivalent Residential Units Annual Reservation Fee (ERU's) Residential: Single-family, per meter 1.0 $ 138.60 Apartment, per meter: 5/8" x 3/4" 1.0 138.60 1" 401.94 2.9 2" 9.8 1,358.28 Nonresidential, per meter: 5/8" x 3/4" 1.4 194.04 1" 5.7 790.02 1½" 8.7 1,205.82 2" 15.2 2,106.72 235 of 319 3" 37.4 5,183.64 4" 59.5 8,246.70 6" 232.1 32,169.06 (D) SEWER CONNECTION CHARGE. When property receives sewage service from the city facilities and the owner of such property requests that the city install the service lateral and make the actual tap into the city system, the owner shall pay to the city the total cost of all labor performed and material supplied prior to the city performing such services. (E) CAPACITY RESERVATION FEES. Any person or property owner requesting a firm reservation of water and/or sewage treatment capacity shall pay the city a reservation fee for said capacity. The reservation fee is intended to equal the costs for financing the necessary capacity and administering this program, and all revenues therefrom shall be placed in the capital improvement fund described in this section. As such, the reservation fee is hereby established as denoted in the following table, for each year that capacity is to be reserved. In cases where the required information is not available in sufficient detail to apply the above, a projected flow or demand for the project, certified by a professional engineer registered in the State of Florida, shall be required. One (1) ERU shall then be equivalent to three hundred eighty- six (386) gallons per day of flow or demand. The reservation fee shall be due and payable at any of the following instances, whichever occurs first: (1) At time of concurrency review and certification; or (2) Upon request for written confirmation of capacity reservation; or (3) Upon request for the utilities director's signature on department of health and rehabilitative services or department of environmental regulation permit applications for water and/or sewer main extensions; or (4) Upon issuance of a development order by the city; or (5) Upon renewal of an existing development order by the city. Reservation fees shall serve to reserve capacity for a period not to exceed one (1) year. If the property owner has not paid all applicable capital facilities charges prior to expiration of the reservation fees, then the fees must be renewed at the rate in effect at that time. Reservation fees are not refundable for any portion of the year during which construction occurs. The property owner, may, at his discretion, pre-pay all required capital facilities charges in lieu of paying reservation fees. In such instances, firm capacity would be reserved indefinitely without need for annual renewal. Section 3. That Chapter 26, entitled “Water, Sewers and City Utilities”, Article II, Section 26-35, is hereby deleted in its entirety: 236 of 319 Sec. 26-35. Additional charge. If the use of any property served by the city's sewage and water systems changes after April 1, 1980, (a) so as to change its classification for the purpose of computation of the charge or (b) so as to increase the number of equivalent units over the number of such units at either the time of payment of the last charge April 1, 1980, whichever is later, then the connection charge and the capital improvement fee resulting from the change in property use shall be due and payable at the time of the change in property use, regardless of whether any charge was ever imposed or paid at the time of initial connection to the system. The increased charge imposed by this section shall be due and payable when the building permit for the activity causing the increased charge is issued. Section 4. Each and every other provision of Chapter 26, not herein specifically amended shall remain in full force and effect as previously enacted. Section 5. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 6. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 7. Authority is hereby granted to codify said ordinance. Section 8. This ordinance shall become effective immediately upon its passage and adoption. 237 of 319 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) 238 of 319 Boynton Beach, FL Code of Ordinances Sec. 26-34. Capital facilities charges and connection charges. (A) CAPITAL FACILITIES CHARGE IMPOSED. When property receives water and/or sewage service from systems owned or controlled by the city, the owner of such property shall pay unto the city a water and/or sewage capital facilities charge as follows: Water: (1) ResidentialPproperty located within the municipal limits of Boynton Beach. (c) One thousand one hundred twenty-two dollars ($1,122.00) per equivalent dwelling unit. “Equivalent dwelling unit” is defined as a unit of construction having the same water usage as a one bedroom single-family home, and the number of equivalent dwelling units, for the purpose of this calculation, contained within the property shall be determined in accordance with the schedule attached to Ordinance Number 80-10 [Article II of this chapter] and by reference made a part thereof set forth below in subparagraph (3). Nonresidential property located within the municipal limits of Boynton Beach. (d) One thousand five hundred seventy dollars and eighty cents ($1,570.80) per three- quarter inch by five-eighths inch (3/4” x 5/8”) meter equivalent (ME). The table below indicates for various meter sizes the numbers of ¾” x 5/8” MEs and the charges. Meter Size ¾” x 5/8” ME Water Capital Facilities Charge ¾” x 5/8” 1.0 $1,570.80 1” 2.5 $3,927.00 1-1/2” 5.0 $7,854.00 2” 8.0 $12,566.40 3” 17.5 $27,489.00 4” 31.5 $49,480.20 6” 65.0 $102,102.00 8” 140.0 $219,912.00 10” 210.0 $329,868.00 ResidentialPproperty located beyond the municipal limits of (b) (c) Boynton Beach but within the utility service area. One thousand four hundred three dollars ($1,403.00) per equivalent dwelling unit. “Equivalent dwelling unit” is defined as a unit of construction having the same water usage as a one-bedroom single-family home, and the number of equivalent dwelling units, for the purpose of this calculation, contained within the property shall be determined in accordance with the schedule attached to Ordinance Number 80-10 [Article II of this chapter] and by reference made a part thereof set forth below in subparagraph (3). 239 of 319 Nonresidential property located beyond the municipal limits of (d) Boynton Beach but within the utility service area . One thousand nine hundred sixty-two dollars and fifty cents ($1,962.50) per three-quarter inch by five-eighths inch (3/4” x 5/8”) meter equivalent (ME). The table below indicates for various meter sizes the numbers of ¾” x 5/8” MEs and the charges. Meter Size ¾” x 5/8” ME Water Capital Facilities Charge ¾” x 5/8” 1.0 $1,952.50 1” 2.5 $4,906.25 1-1/2” 5.0 $9,812.50 2” 8.0 $15,700.00 3” 17.5 $34,343.75 4” 31.5 $61,818.75 6” 65.0 $127,562.50 8” 140.0 $274,750.00 10” 210.0 $412,125.00 Sewage: (2) ResidentialPproperty located within the municipal limits of Boynton Beach. (c) Six hundred sixty-five dollars ($665.00) per equivalent dwelling unit. “Equivalent dwelling unit” is defined as a unit of construction generating the same amount of sewage as a one-bedroom single-family home, and the number of equivalent dwelling units, for the purpose of this calculation, contained within the property shall be determined in accordance with the schedule attached to Ordinance Number 80-10 [Article II of this chapter] and by reference made a part thereof set forth below in subparagraph (3). Nonresidential property located within the municipal limits of Boynton Beach. (d) Nine hundred thirty-one dollars ($931.00) per three-quarter inch by five-eighths inch (3/4” x 5/8”) meter equivalent (ME). The table below indicates for various meter sizes the numbers of ¾” x 5/8” MEs and the charges. Meter Size ¾” x 5/8” ME Sewer Capital Facilities Charge ¾” x 5/8” 1.0 $931.00 1” 2.5 $2,327.50 1-1/2” 5.0 $4,655.00 2” 8.0 $7,448.00 3” 17.5 $16,292.50 4” 31.5 $29,326.50 240 of 319 6” 65.0 $60,515.00 8” 140.0 $130,340.00 10” 210.0 $195,510.00 ResidentialPproperty located beyond the municipal limits of the (b) (c) City of Boynton Beach but within the utility service area. Eight hundred thirty-one dollars ($831.00) per equivalent dwelling unit. “Equivalent dwelling unit” is defined as a unit of construction generating the same amount of sewage as a one- bedroom single-family home, and the number of equivalent dwelling units, for the purpose of this calculation, contained within the property shall be determined in accordance with the schedule attached to Ordinance Number 80-10 [Article II of this chapter] and by reference made a part thereof set forth below in subparagraph (3). Nonresidential property located beyond the municipal limits of Boynton (d) Beach but within the utility service area . One thousand one hundred sixty-three dollars and seventy-five cents ($1,163.75) per three-quarter inch by five-eighths inch (3/4” x 5/8”) meter equivalent (ME). The table below indicates for the various meter sizes the numbers of ¾” x 5/8” MEs and the charges. Meter Size ¾” x 5/8” ME Sewer Capital Facilities Charge ¾” x 5/8” 1.0 $1,163.75 1” 2.5 $2,909.38 1-1/2” 5.0 $5,818.75 2” 8.0 $9,310.00 3” 17.5 $20,365.63 4” 31.5 $36,658.13 6” 65.0 $75,643.75 8” 140.0 $162,925.00 10” 210.0 $244,387.50 Said capital facilities charge is designed to cover the cost of existing or additional raw water production facilities, water treatment facilities and water distribution facilities together with sewage transmission facilities either existing or additions and improvements thereto which will be utilized by the city to provide water and sewer service to said property. Said capital facilities charge shall be paid or in part credited if appropriate upon the issuance of the first building permit issued on the owner's property and shall be computed based upon the rate in effect upon that date in full prior to the execution of the Health Department applications or approval of the plans by the Utilities Department or issuance of the first permit of the project on the owner’s or development property or installation of the first water meter on the owner’s property, whichever is achieved first, and shall be computed based upon the rate in effect upon that date. A capital facilities charge shall not be assessed to restaurants for outdoor seating as long 241 of 319 as said outdoor seating does not exceed fifty percent (50%) of the total customer seating provided by the restaurant at that location. All outdoor seating at restaurants located within a zoning district allowing a mix of uses in the Community Redevelopment Area, or restaurants located within a public building or the Public Usage Zoning District are exempt from the capital facilities charge. Under no circumstances shall any permanent or temporary seating be located partially or completely within required parking spaces, easements, fire lanes, access aisles, or the public right-of-way except with city approval and in accord with city regulations. For the purposes of this section, "outdoor seating" is defined as any customer seating placed outside (exterior) of the fixed and permanent walls of the building where the restaurant is located. For properties located within the community redevelopment area that are assessed capital facilities charges pursuant to this section, the capital facilities charge may be paid in full prior to or at the time of building permit issuance or on an installment basis, without interest, for an amortization period not to exceed eighteen (18) months from building permit issuance. Should the installment payment option be utilized, charges will be billed on a monthly basis, and the property shall only be credited for the value of that portion of the capital facilities which has been paid. If oversizing funding has been carried out by a developer (or developers) that funding will have a capital facility charge credited in an amount no greater than the oversizing charge portion of the cost of original construction. Oversizing costs shall be defined to be the relative carrying capacity of the oversized lines as constructed versus the carrying capacity of the minimum sized lines that would have been required to serve the development (or developments) participating in the funding as follows: A.* B. C. Developer(s) Capital Facility Oversized Line Constructed as Minimum Sized Lines Required to Charge Credit as a Percent of Required by the Master Plan Serve Participating Developer(s) Costs (Col. A x Col. B Costs) 44.444% 20 16 74.359 20 12 28.571 16 14 52.381 16 12 71.429 16 10 37.500 12 10 65.517 12 8 242 of 319 84.127 12 6 *From “equation of pipe chart attached as Exhibit A” to Ordinance Number 80-10, which exhibit is set out following this division. If in providing water or sewer service to an owner or developer, the city utilizes a part or parts of already installed city facilities that have been oversized pursuant to division 1 of this article, the responsibilities of each developer receiving such service subsequent to the trunk line construction agreement for connecting to a system that has been previously oversized, will be to pay the proportional share (this developer(s) equivalent dwelling units as a percent of total equivalent dwelling units to be served by the oversize pipe) of the total cost (engineering, construction, etc.) of the system plus the following: (a) An adjustment equal to the engineering consumer price index increase, if any, since the contract date of the construction of the oversizing. (b) An adjustment that represents the interest (assumed to be 9%) that the city would have earned if the related capital facility charge credits were not given to the developer or developers who funded the oversizing. (c) An adjustment that represents an administrative charge to the city for handling the oversizing negotiations and procedures; the amount to be fifteen percent (15%). (d) Equivalent dwelling unit capital facilities charge then in effect for water and sewer services in accord with this chapter as amended. Note: Example-Assume three (3) developers representing four thousand (4,000) equivalent dwelling units require a twelve (12) inch line to serve them, and the three (3) developers jointly agree with the city to fund a sixteen (16) inch line which will serve twelve thousand (12,000) equivalent dwelling units. The three (3) developers will pay the entire cost of the installation of the line, but would receive credits against capital facility charges for 52.318% of the cost of the line divided among the three (3) developers according to their individual share of the four thousand (4,000) units. Developers tying-in to the system at a later date would pay a cost per unit equal to 1/12,000 of the construction costs plus items (a), (b), (c), and (d) above. (3) The following tables shall be used to determine the number of equivalent dwelling units and capital facilities charges for residential property with the indicate number of bedrooms: SINGLE FAMILY INSIDE CITY OUTSIDE CITY # Bedrooms (Multiplier) Water Sewer Water Sewer 1 Bedroom Unit (1.0) $1,122.00 $665.00 $1,402.50 $831.25 2 Bedroom Unit (1.4) $1,570.80 $931.00 $1963.50 $1,163.75 3 Bedroom Unit (1.8) $2,019.60 $1,197.00 $2,524.50 $1,496.25 4 Bedroom Unit (2.0) $2,244.00 $1,330.00 $2,805.00 $1,662.50 5 Bedroom Unit (2.2) $2,468.40 $1,463.00 $3,085.50 $1,828.75 APARTMENTS INSIDE CITY OUTSIDE CITY # Bedrooms (Multiplier) Water Sewer Water Sewer 1 Bedroom Unit (0.8) $ 897.60 $532.00 $1,122.00 $665.00 2 Bedroom Unit (1.2) $1,346.40 $798.00 $1,683.00 $997.50 243 of 319 3 Bedroom Unit (1.6) $1,795.20 $1,064.00 $2,244.00 $1.330.00 For single family dwellings with greater than 5 bedrooms, an additional 0.2 equivalent dwelling units shall be added to the Multiplier for each additional bedroom beyond 5, and the capital facilities charges shall be computed employing said multiplier. Any subdivision where each unit will be responsible for their own water will be classified under SINGLE FAMILY. Duplexes are classified under apartments and multiplied by the number of bedrooms. Example: if 3 bedrooms per apartment, multiply the cost of 3 bedroom apartment x 2. Mobile homes and trailers are classified as having 1 equivalent dwelling unit (per City Ordinance 80-10) and are charged the same as a 1-bedroom unit. (B) USE OF FUNDS. All revenues derived from the charges imposed by this section, in excess of the sums required for actual reimbursement of costs for connection, shall be placed in a separate capital improvement fund to be known and designated as Capital Improvement Account of the Water and Sewers Utilities Fund, and shall be used only for the construction, acquisition, addition, extension, renewal and replacement of water and sewage systems of the city, as appropriated from time to time by the council Commission. If funds are not available in this fund either through revenue from capital facility charges or balance from bond issue, for the city to approve a project to extend water and sewer systems, the developer may advance fees to the utility trust fund. (C) WATER CONNECTION CHARGE. When property receives water service from the city facilities, the owner of such property shall pay unto the city a water connection charge, based upon the size of the service line and meters, for the cost of making the tap into the city system, installation of the service lateral and meters, together with the cost of the meters themselves. Said water connection charge shall be provided by the city commission, as same shall from time to time be amended. (D) SEWER CONNECTION CHARGE. When property receives sewage service from the city facilities and the owner of such property requests that the city install the service lateral and make the actual tap into the city system, the owner shall pay to the city the total cost of all labor performed and material supplied prior to the city performing such services. (E) CAPACITY RESERVATION FEES. Any person or property owner requesting a firm reservation of water and/or sewage treatment capacity shall pay the city a reservation fee for said capacity. The reservation fee is intended to equal the costs for financing the necessary capacity and administering this program, and all revenues therefrom shall be placed in the capital improvement fund described in this section. As such, the reservation fee is hereby established as denoted in the following table, for each year that capacity is to be reserved. Conversion Factor No. of Type of Dwelling Equivalent Residential Units Annual Reservation Fee (ERU's) Residential: Single-family, per meter 1.0 $ 138.60 244 of 319 Apartment, per meter: 5/8" x 3/4" 1.0 138.60 1" 2.9 401.94 2" 9.8 1,358.28 Nonresidential, per meter: 5/8" x 3/4" 1.4 194.04 1" 5.7 790.02 1½" 8.7 1,205.82 2" 15.2 2,106.72 3" 37.4 5,183.64 4" 59.5 8,246.70 6" 232.1 32,169.06 In cases where the required information is not available in sufficient detail to apply the above, a projected flow or demand for the project, certified by a professional engineer registered in the State of Florida, shall be required. One (1) ERU shall then be equivalent to three hundred eighty- six (386) gallons per day of flow or demand. The reservation fee shall be due and payable at any of the following instances, whichever occurs first: (1) At time of concurrency review and certification; or (2) Upon request for written confirmation of capacity reservation; or (3) Upon request for the utilities director's signature on department of health and rehabilitative services or department of environmental regulation permit applications for water and/or sewer main extensions; or (4) Upon issuance of a development order by the city; or (5) Upon renewal of an existing development order by the city. Reservation fees shall serve to reserve capacity for a period not to exceed one (1) year. If the property owner has not paid all applicable capital facilities charges prior to expiration of the reservation fees, then the fees must be renewed at the rate in effect at that time. Reservation fees are not refundable for any portion of the year during which construction occurs. The property owner, may, at his discretion, pre-pay all required capital facilities charges in 245 of 319 lieu of paying reservation fees. In such instances, firm capacity would be reserved indefinitely without need for annual renewal. (Code 1958, § 30B-4; Ord. No. 80-10, § 1, 4-1-80; Ord. No. 80-21, § 1, 6-3-80; Ord. No. 83-37, §§ 1—4, 10-18-83; Ord. No. 90-35, § 1, 9-18-90; Ord. No. 91-59, § 1, 8-20-91; Ord. No. 93-03, § 1, 4-8-93; Ord. No. 97-02, § 1, 2-4-97; Ord. No. 02-045, § 4, 8-20-02; Ord. No. 07-023, § 4, 9- 2-07; Ord. No. 07-034, § 2, 11-13-07; Ord. No. 08-018, § 2, 7-15-08) Cross references-Service charges, § 26-8; monthly rates, § 26-9. Sec. 26-35. Additional charge. If the use of any property served by the city's sewage and water systems changes after April 1, 1980, (a) so as to change its classification for the purpose of computation of the charge or (b) so as to increase the number of equivalent units over the number of such units at either the time of payment of the last charge April 1, 1980, whichever is later, then the connection charge and the capital improvement fee resulting from the change in property use shall be due and payable at the time of the change in property use, regardless of whether any charge was ever imposed or paid at the time of initial connection to the system. The increased charge imposed by this section shall be due and payable when the building permit for the activity causing the increased charge is issued. (Code 1958, § 30B-4; Ord. No. 80-10, § 1, 4-1-80; Ord. No. 80-21, § 2, 6-3-80) Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing Corporation provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588. © 2011 American Legal Publishing Corporation techsupport@amlegal.com 1.800.445.5588. 246 of 319 247 of 319 248 of 319 249 of 319 250 of 319 251 of 319 252 of 319 253 of 319 254 of 319 255 of 319 256 of 319 257 of 319 258 of 319 259 of 319 260 of 319 261 of 319 262 of 319 263 of 319 264 of 319 265 of 319 266 of 319 267 of 319 268 of 319 269 of 319 270 of 319 271 of 319 272 of 319 273 of 319 274 of 319 275 of 319 276 of 319 277 of 319 278 of 319 279 of 319 280 of 319 281 of 319 282 of 319 283 of 319 284 of 319 285 of 319 286 of 319 287 of 319 288 of 319 289 of 319 290 of 319 291 of 319 292 of 319 293 of 319 294 of 319 295 of 319 296 of 319 297 of 319 298 of 319 299 of 319 300 of 319 301 of 319 302 of 319 303 of 319 304 of 319 13. F LEGAL June 4, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 4, 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. 13-017 - FIRST EQUESTED CTION BY ITY OMMISSION READING - Approve an Ordinance removing unnecessary language on voting by board members ER: The proposed Ordinance is a follow up to the former City XPLANATION OF EQUEST Commission’s decision to bring the City under the provisions of the Palm Beach County Code of Ethics. The Palm Beach County Code of Ethics provides rules for voting conflicts. H? Eliminate redundancy and OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES conflicting language. FI: None ISCAL MPACT A: None LTERNATIVES 305 of 319 ORDINANCE NO. 13-_____ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REPEALING PART II, CHAPTER 2, ARTICLE XVI, “VOTING BY BOARD MEMBERS” OF THE CITY’S CODE OF ORDINANCES; AND REPEALING PART III, CHAPTER 1, ARTICLE VII, ADMINISTRATIVE AND DECISION MAKING BODIES, SECTION 1, “GENERAL” IN ITS ENTIRETY; PROVIDING FOR CONFLICTS; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, on November 7, 2012, the City Commission adopted Ordinance 12-017 rescinding City Ordinance 11-029 which required registration of lobbyists and electing to regulate lobbying activity under the Palm Beach County Lobbyist Registration Ordinance; and WHEREAS, Article XVI, Voting By Board Members was created by the City Commission to require stricter voting requirements; and WHEREAS, that section is no longer required since the City Commission is regulated by the Palm Beach County Code of Ethics; and WHEREAS, the City Commission finds the repeal of Part II, Chapter 2, Article XVI, and Part III, Chapter 1, Article VII, Sec. 1 necessary to comply with the new Palm Beach County Code of Ethics. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct, and are hereby incorporated herein and made a part hereof. Section 2. The City Commission of the City of Boynton Beach hereby repeals City Code of Ordinances, Part II, Chapter 2, Article XVI, Voting by Board Members. Sec. 2-221. Short Title. This article shall be known and cited as the "City of Boynton Beach's Voting Requirements by Board Members Provision". (Ord. No. 06-085, § 2, 11-21-06) 306 of 319 Sec. 2-222. Intent and purpose. It is the intent and purpose of this article to strengthen the confidence of the city's citizens in the integrity of the city's public officials by ensuring that the city's officials discharge their public duties independent of their personal interests. This article is further intended to ensure that city officials do not participate in any decision in which his or her decision would be influenced or materially affected by interests which would influence a reasonable person in his or her decision. (Ord. No. 06-085, § 2, 11-21-06) Sec. 2-223. Applicability. This section shall apply to all city boards, including the City Commission and all city advisory boards of the City of Boynton Beach. This article is intended to supplement state law provisions governing voting and disclosure requirements of state and local government officials. Nothing in this article shall be interpreted as conflicting with F.S. §§ 112.311 et seq., as it applies to the city's public officers. (Ord. No. 06-085, § 2, 11-21-06) Sec. 2-224. Definitions. Board member shall refer to any member of any of the city's boards including the City Commission, the Community Redevelopment Agency, and the city's advisory boards. Agent shall mean a person who is authorized to act for or in the place of a principal. Business associate shall refer to anyone with whom the board member shares in a business enterprise. ConflictConflict of interest or shall mean any situation where the board member must balance his or her private interest with their official duties. Do businessDone business or shall mean to participate or to have participated in the past, in the solicitation, negotiation, or execution of any business transaction as a principal or agent. Gift the term gift shall have the same meaning as set forth in F.S. § 112.312 and shall include anything conferred upon a board member for their gain, directly or indirectly, for their private gain, by another, for which the board member did not tender consideration, financial, in kind, or otherwise, including but not limited to, any real property, tangible or intangible personal property, services, preferential treatment, discounted rate(s), information not disclosed to the public, or forgiveness of any indebtedness. Indirect shall refer to the method in which a benefit is not directly conferred upon the board member. This shall include, but not be limited to, instances where the board member receives a benefit accepted by another party on the board member's behalf; the board member receives a benefit from a person whose interest may be affected by the issue on which the board member may or will vote through a third-party; or, the board member's relative, business associate, or employee receives a benefit. 307 of 319 Interest shall mean anything which may positively or negatively affect the board member's pecuniary interest, liberty, status or recognition in his or her private capacity, or his or her commitment in his or her private capacity to others. Person shall mean a natural person, or his or her agent, or an entity (legally recognized or not) or its principal, agents, or employees. Relative shall have the same meaning as defined in F.S. § 112.3143, to wit: any father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, or daughter-in-law; and grandparents or grandchild(ren). (Ord. No. 06-085, § 2, 11-21-06) Sec. 2-225. Abstention from voting. (a) In addition to the provisions set forth in F.S. § 112.3143, a board member is deemed to have a conflict of interest and shall not be allowed to vote upon or advocate for or against, any decision, ruling, or official act where: (1) The board member, their relative, agent, employee(s), employer, or business associate has any interest, direct or indirect, in the issue upon which the board member will vote. (2) The board member or the board member's spouse works for a business which will benefit from the issue upon which the board member will vote. (3) The board member is a real estate broker or real estate agent and has provided professional services for compensation in a transaction involving all or part of the real property which is the subject of the board's review. (b) A board member who is prohibited from voting must leave the dias following disclosure of their conflict and shall not return until completion of the vote on that matter. A board member who steps down shall be replaced with an alternate board member, if one is present, for the agenda item. (Ord. No. 06-085, § 2, 11-21-06) Sec. 2-226. Disclosure of conflict of interest. (a) If there is, or there appears to be a conflict of interest under the provisions of this article or F.S. §112.313, the board member, prior to the commencement of a meeting which contains an agenda item in which a board member has a conflict, must disclose the conflict to the board by preparing a voting conflict form and submitting it to the City Clerk, or in the Clerk's absence, the person who keeps the minutes of the meeting. When the agenda item is reached, the board member must orally disclose the conflict and the nature of the conflict on the record at the meeting, step down from the proceeding and be replaced, for that agenda item, by an alternate member of the board. (b) In the event that written disclosure has not been made prior to the meeting, the disclosure shall be made orally at the meeting when it becomes known that a conflict exists. 308 of 319 Within five (5) days after the oral disclosure, a written memorandum disclosing the conflict and the nature of the conflict shall be filed with the person responsible for recording the minutes of the board meetings and incorporated into the minutes of the meeting at which the oral disclosure was made. The memorandum shall become a public record, shall immediately be provided to the other members of the board, and shall be read publicly at the next meeting. (c) In the event that a board member has participated in a vote on an issue which the board member has a conflict and is later informed of the conflict, the board member, must, immediately upon notice, inform the other board members by providing notice through the City Clerk in the same manner as set forth above and disclose the conflict orally at the next meeting where the board member shall orally explain the conflict and why the board member was not on notice of the conflict prior to the participating in the vote. The remaining board members must then determine whether the conflict is sufficient enough to have influenced the conflicting board member's vote and by a majority vote, decide whether to recall the decision upon which the conflicting member voted. (Ord. No. 06-085, § 2, 11-21-06) Sec. 2-227. Enforcement. Any appointed board member who violates any of the provisions of this article may be removed from the board on which the member serves by majority vote of the City Commission. Any elected public officer who violates this article shall also be subject to censure by a majority vote of the remaining board members. Secs. 2-228—2-229. Reserved Section 3. The City of Boynton Beach hereby repeals Part III, Chapter 1, Article VII, Administrative and Decision Making Bodies, Section 1, General in its entirety: Sec. 1. General. Conflict of Interest. A. No member of any of these elected or appointed boards established by the City Charter, City Commission, or Code of Ordinances shall have any interest, financial or otherwise, direct or indirect, or engage in any business transaction or professional activities or incur any obligation of any nature which is in conflict with the proper discharge of his/her duties in the public interest. In addition, all members of city boards shall insure compliance with the provisions of City Code of Ordinances Part II, Chapter 2, Article XVI. Appeals. B. See Chapter 1, Article VIII for the procedures to appeal a decision made by any of these elected or appointed members. Section 6. The appropriate members of the City staff are hereby authorized to take any and all steps necessary to effectuate the intent of this Ordinance. 309 of 319 Section 7. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 8. If any clause, section, or other part or application of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and so not affecting the validity of the remaining portions or applications remaining in full force and effect. Section 9. This Ordinance shall become effective on immediately upon passage. 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. Mercer ________________________________ Commissioner – Michael M. Fitzpatrick ________________________________ ATTEST: Commissioner – Joe Casello _______________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 310 of 319 13. G LEGAL June 4, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 4, 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. 13-018 - FIRST EQUESTED CTION BY ITY OMMISSION READING - Approve an Ordinance regarding rules of construction ER: The former City Commission deadlocked on interpretation XPLANATION OF EQUEST and application of the meaning of the word “shall. As a result, the City Charter provision that provides for filing vacancies on the Commission could not be implemented. The proposed ordinance, if adopted, clarifies that “shall” is in all cases to be construed as mandatory even if the interpretation results in an impracticable result. (Example: a special municipal election being required a month prior to a regular municipal election.) The proposed Ordinance provides other clarification of rules for construing terms used in the Code and Charter. H? None OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: None. ISCAL MPACT A: Modify proposed definitions or take no action. LTERNATIVES 311 of 319 ORDINANCE NO. 13-____ AN ORDINANCE OF THE CITY OF BOYNTON BEACH AMENDING SECTION 1-2 OF THE CODE OF ORDINANCES REGARDING RULES OF CONSTRUCTION; PROVIDING THAT THE RULES OF CONSTRUCTION APPLY TO THE CITY CODE, CHARTER, ORDINANCES AND RESOLUTIONS; PROVIDING FOR DELETION OF THE TERM(S) “OFFICER/AGENCY” PROVIDING SEPARATE DEFINITIONS FOR THE WORDS “OR” AND “AND”; PROVIDING FOR A UNIFORM RULE FOR THE DEFINITION OF “COMPUTATION OF TIME”; PROVIDING FOR ADDITION OF A DEFINITION OF THE WORD “SHALL”; PROVIDING FOR OTHER MINOR CORRECTION IN TERMS AND PHRASES; PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY, PROVIDING FOR CODIFICATION, AND PROVIDING FOR AN EFFECTIVE DATE. . WHEREAS, the City Commission finds it in the interest of the public to modify the rules of construction used to interpret, bring clarity to, and apply provision of the City Charter, City Code, ordinances and Resolution. 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 II, Chapter 1, “General Provisions”, Section 1-2, of the City’s Code of Ordinances is hereby amended to read as follows: Section 1-2. Rules of construction In the construction of the Citythis Code, Charter, and of all ordinances and resolutions, the following rules shall be observed, unless the context clearly indicates otherwise: And. The word “and” means in addition to. Example: An applicant must submit a driver’s license and birth certification as means of identification. Interpretation: an applicant must submit both of the two documents. Compare “or” below. 312 of 319 Formatted: Font: Not Italic Formatted: Font: Not Italic Formatted: Font: Not Italic Formatted: Font: Not Italic City. The words “the city” or “this city” shall be construed as if the words “of Boynton Beach” followed it and shall extend to and include its several officers, agents and employees. City council/commission. Whenever the words “city council” are used, they shall be construed to mean the city council ofcommission of the City of Boynton Beach, and all references within the Charter and Code of Ordinances of the City of Boynton Beach to the term “city council” are henceforth defined as synonymous to the term “city commission”; and further, that any reference to the term “councilman” shall be synonymous to the term “commissioner” as provided for in Ordinance No. 87-4. Code 1958. Any reference herein to “Code 1958” shall be construed to mean the “Code of Ordinances, City of Boynton Beach, Florida”, adopted October 20, 1958, by Ordinance Number 315, as from time to time amended and supplemented through and including Ordinance Number 77-37, adopted January 3, 1978. Computation of time. In computing any period of time prescribed or allowed by this Code, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday or legal holiday in which event the period shall run until the end of the next day which is neither a Saturday, Sunday or legal holiday. When the period of time prescribed or allowed is less than seven (7) days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation. County. The words “the county” or “this county” shall mean the county of Palm Beach. Gender. A word importing the masculine gender only may extend and be applied to females and to firms, partnerships and corporations as well as to males. Number. A word importing the singular number only may extend and be applied to several persons and things as well as to one person and thing. Oath. The word “oath” shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words “swear” or “sworn” shall be equivalent to the words “affirm” and “affirmed.” Officers, agencies. Wherever reference is made in this Code to any officer or agency, such as “city manger,” “the mayor”, “the city clerk”, “planning and zoning board”, and so forth, such reference shall be construed to mean such officer or agency of the city and shall include the duly authorized subordinates or personnel of such officer or agency. Or. The word “or” means in the alternative. Example:An applicant must submit a driver’s license or birth certification as means of identification. Interpretation: an applicant need only submit one of the two documents. , and. “Or” may be read “and,” and “and” may be read “or” if the sense requires it. Owner. The word “owner,” applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by the entirety, of the whole or of a part of such building or land. 313 of 319 Formatted: Font: Not Italic Formatted: Font: Not Italic Person. The word “person” shall extend and be applied to associations, clubs, societies, firms, partnerships, co-partnerships, and bodies politic and corporate as well as to individuals. Personal property includes every species of property except real property. Shall . The word “shall” is mandatory. When used is connection with action required by the City Commission it denotes required and therefore ministerial action not subject to discretionary application. State. The words “the state” or “this state” shall be construed to mean the State of Florida. Tense. Words used in the present or past tense include the future as well as the present or Formatted: Font: Italic past. 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. 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. 314 of 319 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 – ______________________________ Vice Mayor – ______________________________ Commissioner – ______________________________ Commissioner – ATTEST: _______________________________ Commissioner- ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) S:\CA\Ordinances\Ordinance - Rules of Construction of the Code.doc 315 of 319 14. A FUTURE AGENDA ITEMS June 4, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 4, 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: Consideration of fee amendments for Building and EQUESTED CTION BY ITY OMMISSION Planning & Zoning services - June 18, 2013. ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 316 of 319 14. B FUTURE AGENDA ITEMS June 4, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 4, 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: Request for funding of a WiFi project which will EQUESTED CTION BY ITY OMMISSION serve free broadband (WiFi) Internet access to the underserved areas of our community (06/18/13; tentative dependent on CRA Board decision on June 11, 2013). ER: The City has been approached by the Palm Beach county XPLANATION OF EQUEST School District to fund a WiFi project which will serve free broadband (WiFi) Internet access to the underserved areas of our community. This project is being discussed in collaboration with the Palm Beach County Broadband Coalition (PBCC) which consists of a partnership with Palm Beach County, the PBC School District, Palm Beach State College, Florida Atlantic University, the South Florida Water Management District and the Palm Beach County Education Commission. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 317 of 319 14. C FUTURE AGENDA ITEMS June 4, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 4, 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 318 of 319 14. D FUTURE AGENDA ITEMS June 4, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 4, 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 This item has been tabled to the Budget Workshops in July 2013 ER: XPLANATION OF EQUEST 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 319 of 319