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Agenda 07-02-13 Searchable The City of The City of Boynton Beach Boynton Beach 100 E. Boynton Beach Boulevard ● (561) 742-6000 TUESDAY, JULY 2, 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 350 1. OPENINGS A. Call to order - Mayor Jerry Taylor B. Invocation by Rev. Nancy Norman from the Unity Church of Delray C. Pledge of Allegiance to the Flag led by Commissioner Casello D. Brand Promise Statement E. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. OTHER A. Informational Items by Members of the City Commission 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Allow presentation by Florida House Representative Bill Hager District 89 to provide a legislative update. B. Proclaim the month of July 2013 as National Parks & Recreation Month C. Announcement of the Fourth of July Celebration D. Announcement of the annual change to free chlorination of the water supply from July 15 through August 16, 2013 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 Voting Delegate for Florida League of Cities Annual Conference to be held August 15-17, 2013 B. 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 3 of 350 Community Relations Board: 1 regular and 1 alternate Education & Youth Advisory Board: 1 alternate Financial Advisory Committee: 2 regulars and 2 alternates Historic Resource Preservation Board: 1 alternate Library Board: 2 alternates 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 C. Appoint John Huntington as the fifth trustee on the Boynton Beach Police Officers' Pension Board. 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. Approve release of the performance bond in the amount of $44,000 for the maintenance of the improvements to Gulfstream Boulevard in association with the Walmart project. B. Accept the FY 2012 -13 Budget Status Report of the General Fund & Utility Fund for the eight (8) month period ended May 31, 2013. PROPOSED RESOLUTION NO. R13-055 C. - Approve piggy-backing the U.S. Coast Guard Basic Ordering Agreement (BOA) HSCB84-09-A-100113 contract with Clean Harbors Environmental Services, Inc. for emergency response support on an "As Needed " basis, effective July 1, 2013 and authorize the City Manager to execute an Agreement between the City of Boynton Beach and Clean Harbors Environmental Services, Inc. PROPOSED RESOLUTION NO. R13-056 D. - Approve a Professional Services Agreement for "Building Inspections and Plan Review Services", RFP No. 044- 2411-13/JMA, with Hy-Byrd, Inc. of Lake Worth, FL as the primary vendor and with G.F.A. International, Inc. of Delray Beach, FL as secondary vendor for a one-year term, on an "As Needed" basis. PROPOSED RESOLUTION NO. R13-057 E. - Approve Waiver of Right of First Refusal for Shannon Skiba of 293 Meadows Drive, Boynton Beach, Florida, 33426. F. Approve release of performance bond #104708964 in the amount of $363,000.00 for the construction of a traffic signal at Old Boynton Road and Renaissance Commons Boulevard. G. Approve the minutes from the Regular City Commission meeting held on June 18, 2013 4 of 350 PROPOSED RESOLUTION NO. R13-058 H. - Approve piggy-backing the Orange County, FL Contract Y12-1086F with Fisher Scientific Company, LLC., with the same terms, conditions, specifications and pricing. This bid will be utilized for the procurement of turn out gear at an estimated expenditure of $70,000. and authorize the City Manager to execute the City's Agreement with Fisher Scientific Company, LLC. I. Accept the resignation of Cory Kravit, a regular member of the Planning and Development Board J. Accept the resignation of Irma Khoja, a regular member of the Community Relations Board 7. BIDS AND PURCHASES OVER $100,000 A. Approve award for the "Annual Supply of Medical and Medication Supplies", Bid No. 046-2210-13/JMA to Bound Tree Medical, LLC; Henry Schein, Inc.; Kentron Healthcare, Inc.; Midwest Medical Supply Co, Inc. and Quadmed, Inc. , as the lowest, most responsive, responsible bidders for a projected annual expenditure of $110,000.00. Items will be ordered on an "As Needed" basis. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS A. Approve or modify the Code Compliance Board's Lien Reduction Modification Order (Exhibit "A") in Case #10-43 filed 5/31/13. 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 . None 10. CITY MANAGER’S REPORT None 11. UNFINISHED BUSINESS None 12. NEW BUSINESS None 5 of 350 13. LEGAL PROPOSED ORDINANCE NO. 13-020 - SECOND READING - PUBLIC A. HEARING - Approve amendments to the LDR to 1) amend the definitions to distinguish between governmental uses, and create new commercial/warehouse uses and parking regulations; 2) amend zoning matrix regarding theater, day care, manufacturer’s representative and automotive repair uses; 3) update Ocean Avenue Overlay Zone by adding uses intended for the corridor consistent with redevelopment plan; 4) create definitions and regulations for small wind energy systems; 5) amend regulations for decks, patios, steps, stoops, and terraces; and 6) amend the flood prevention regulations consistent with the State of Florida Model Ordinance. Staff-initiated PROPOSED ORDINANCE NO. 13-021 - SECOND READING - PUBLIC B. HEARING - Approve Section, 10-32: Disaster-Generated Debris Removal Management Plan; Authority, Priorities and Limitations. PROPOSED ORDINANCE NO. 13-022 - SECOND READING - PUBLIC C. HEARING - Amend Code of Ordinances, Chapter 13, Licenses, Section 13-4, Classification and Fee Schedule to provide for a five percent (5%) increase in Business Tax fees PROPOSED ORDINANCE NO. 13-023 - SECOND READING - PUBLIC D. HEARING - Approving a one-year suspension of Garage Sale Permit requirement 14. FUTURE AGENDA ITEMS A. 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 B. 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 6 of 350 NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CITY CLERK'S OFFICE (561) 742-6060 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CITY'S WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE CITY'S WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. 7 of 350 3. A ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS July 2, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 2, 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: Allow presentation by Florida House EQUESTED CTION BY ITY OMMISSION Representative Bill Hager District 89 to provide a legislative update. ER: Informational only XPLANATION OF EQUEST H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: Not to allow the presentation. LTERNATIVES 8 of 350 3. B ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS July 2, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 2, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Proclaim the month of July 2013 as National Parks EQUESTED CTION BY ITY OMMISSION & Recreation Month ER: National Parks & Recreation Month is scheduled for July. It XPLANATION OF EQUEST is a great time to enjoy many of the popular activities that are organized by the Recreation & Parks Department. The U.S. House of Representatives has designated July as Parks and Recreation Month. By making this proclamation in Boynton Beach, all citizens will be encouraged to celebrate by participating in their choice of fun activities and enjoy the benefits derived from quality public recreation. H? The proclamation will help promote OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Parks and Recreation in our community. FI: N/A ISCAL MPACT A: Do not proclaim July as Parks & Recreation Month. LTERNATIVES 9 of 350 Proclamation WHEREAS, parks and recreation programs are an integral part of communities and are vitally important to establishing and maintaining the quality of life in Boynton Beach; and WHEREAS, parks and recreation programs build healthy, active communities that aid in the prevention of chronic disease, provide therapeutic recreation services for those who are mentally or physically disabled and improve the mental and emotional health of all citizens; and WHEREAS, parks and recreation programs increase a community’s economic prosperity through increased property values, expansion of the local tax base, increased tourism, the attraction and retention of businesses and crime reduction; and WHEREAS, our parks and natural recreation areas ensure the ecological beauty of our community and provide a place for children and adults to connect with nature and recreate outdoors; and WHEREAS, the City of Boynton Beach recognizes the benefits derived from parks and recreation resources NOW, THEREFORE, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim July 2013 as: Parks and Recreation Month IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton nd Beach, Florida, to be affixed at Boynton Beach, Florida the 2 day of July, Two Thousand and Thirteen. ______________________ Jerry Taylor, Mayor ATTEST: _____________________ City Clerk (Corporate Seal) 10 of 350 3. C ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS July 2, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 2, 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: Announcement of the Fourth of July Celebration EQUESTED CTION BY ITY OMMISSION ER: The Fourth of July Celebration will be held at Intracoastal XPLANATION OF EQUEST Park. Along with the fireworks, this year’s event will feature two bands; JJ and Connection and The Ocoee River Band; a “Kid’s Corner”, plenty of good food and refreshments. Activities will begin at 6pm and Fireworks at 9pm. A free shuttle providing transportation to the park will be available from 5:30pm – 10pm from Boynton Beach High School and the City hall parking lots. H? This is an annual event that serves OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES the entire Boynton Beach Community. No significant impact on other City programs or services. FI: Total cost for the event is approximately $80,000. Funding for the ISCAL MPACT event is included in the City’s General Fund budget. A: Do not make the announcement. LTERNATIVES 11 of 350 12 of 350 3. D ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS July 2, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 2, 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: Announcement of the annual change to free EQUESTED CTION BY ITY OMMISSION chlorination of the water supply from July 15 through August 16, 2013 ER: The City of Boynton Beach will temporarily modify the XPLANATION OF EQUEST disinfection process utilized to treat its drinking water from July 15 through August 16. Customers may notice a slight chlorine taste, or odor, in their tap water. These temporary conditions will not cause adverse health effects. Those sensitive to the taste, or odor, of chlorine, can place an open container of drinking water in the refrigerator for a few hours to allow the chlorine to dissipate. Users of home dialysis machines, owners of tropical fish and managers of stores, and restaurants with fish and shellfish holding tanks are advised to seek professional advice as the method for removing chlorine residuals differs from removing chloramine residuals from tap water. This is a preventative maintenance process in order to maintain the City’s high standard of clean water distribution. For more information, please call 561-742-6964. H? Water supply will be maintained OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: None ISCAL MPACT A: None LTERNATIVES 13 of 350 5. A ADMINISTRATIVE July 2, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 2, 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 Voting Delegate for Florida League of EQUESTED CTION BY ITY OMMISSION Cities Annual Conference to be held August 15-17, 2013 ER: The Florida League of Cities annual conference is held each XPLANATION OF EQUEST August in various locations throughout the state. Approximately 1,000 city officials from across Florida attend this meeting to share ideas, attend educational workshops and sessions, discuss strategies for Florida’s future, determine League policies, and visit the Municipal Marketplace. This year’s conference will be held at the World Center Marriott in Orlando. The conference will be packed with topical workshops, engaging speakers and chances to network and share ideas with colleagues from throughout the state. Each year, the City Commission appoints a delegate to vote on behalf of the City of Boynton Beach at the annual meeting. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: Do not appoint a delegate. LTERNATIVES 14 of 350 5. B ADMINISTRATIVE July 2, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 2, 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 regular and 1 alternate Education & Youth Advisory Board: 1 alternate Financial Advisory Committee: 2 regulars and 2 alternates Historic Resource Preservation Board: 1 alternate Library Board: 2 alternates 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. FI: None ISCAL MPACT 15 of 350 A: Allow vacancies to remain unfilled. LTERNATIVES 16 of 350 17 of 350 18 of 350 19 of 350 20 of 350 5. C ADMINISTRATIVE July 2, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 2, 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 John Huntington as the fifth trustee on the EQUESTED CTION BY ITY OMMISSION Boynton Beach Police Officers' Pension Board. ER: At the Boynton Beach Police Officers' Pension Board XPLANATION OF EQUEST meeting of May 14, 2013, the Trustees unanimously selected John Huntington to join the Board as the fifth Trustee. John Huntington is a recently retired Police Officer with 21 years of service with the Police Department. He was active since 2006 with the Police Pension Advisory Committee within the Police Department and has voluntarily attended numerous Board meetings. In accordance with Section 18-166 of Ordinance 10-005, the board is submitting his name to the City Commission, which shall, as a ministerial duty, appoint John Huntington to the Police Pension Board as a fifth Trustee. H? The Police Pension Board will have OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES five trustees as established in Ordinance No. 10-005 FI: N/A ISCAL MPACT A: Not make the appointment and the Board will have only four trustees. LTERNATIVES 21 of 350 22 of 350 23 of 350 24 of 350 25 of 350 26 of 350 6. A CONSENT AGENDA July 2, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 2, 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 release of the performance bond in the EQUESTED CTION BY ITY OMMISSION amount of $44,000 for the maintenance of the improvements to Gulfstream Boulevard in association with the Walmart project. st ER: On May 1, 2012 the City Commission reduced the XPLANATION OF EQUEST performance bond associated with the improvements to Gulfstream Boulevard to $44,000 representing a ten percent (10%) warranty against defect for a one (1) year period from the date of approval. The Public Works Department Engineering Division requests release of the performance bond #105483202 TR#7944 in the amount of $44,000.00 for the maintenance of the improvements to Gulfstream Boulevard associated with the Walmart project. The one (1) year warranty period has expired and there are no warranty issues. The Public Works Engineering Division has inspected the improvements and found  no items needing correction. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: None ISCAL MPACT A: None LTERNATIVES 27 of 350 28 of 350 29 of 350 30 of 350 31 of 350 32 of 350 33 of 350 34 of 350 35 of 350 36 of 350 37 of 350 38 of 350 6. B CONSENT AGENDA July 2, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 2, 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$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Accept the FY 2012 -13 Budget Status Report of EQUESTED CTION BY ITY OMMISSION the General Fund & Utility Fund for the eight (8) month period ended May 31, 2013. Explanation of Request : This report summarizes the estimated funding sources and the adopted expenditure budgets for the City’s General Fund and Utility Fund for the eight (8) month period ended May 31, 2013 (67% of the fiscal year). The analysis compares:  Actual results for the current period to the annual budget and  Actual results for the same period of the prior year annual budget. H? The annual budget is what OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES provides and controls the resources for City programs and services. FI: The annual budget and results to date for the General Fund and Utility ISCAL MPACT Fund. 39 of 350 GENERAL FUND FY 2012-13FY 2011-12FY 2013 vs. 2012 Annual Annual Actual to DateActual to Date BudgetActual BudgetBudget Amount%Amount%%% Revenues & Transfers$ 68,822$ 54,82680%$ 65,142$ 51,227 79%6%7% Expenditures$ (68,822)$ (47,298) 69%$ (65,142)$ (44,868)69%6%5% Excess (Deficit)$ - $ 7,528$ -$ 6,359 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 eighth month in FY 2012-13, revenues and transfers realized are approximately $54.8 M of the budget estimate compared to $51.2 M realized to date in FY 2011-12. Ad Valorem Taxes, net of discounts and TIF taxes to the CRA , received to date was $21.9 M as compared to $21.3 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 $2.80 M or 62% actual collected compared to $2.87 M or 64% in FY 2011-12. Business Taxes 2. are due at the beginning of the fiscal year. For FY 2012-13, $1.30 M or 96% has been collected which is almost equivalent to the FY 2011-12 amount of $1.33 M or 89%. State Shared revenues 3. of $4.54 M or 68% have been collected in FY2012-13 as compared to $4.35 M or 67% received in FY 2011-12. 40 of 350 Public Safety revenues 4. at this point is on track with the budgeted amount; $3.10 M or 81% was received compared to $3.01 M or 76% 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 eight month period ending May 31 (67% of the fiscal year) are $47.3 M that is 69% of the $68.8 M expenditure appropriation for FY 2012-13. The table at the top of Exhibit B displays actual expenditures of $47.3 M or 69% of the FY 2012-13 budget. At this point in the fiscal year, we are ahead of spending levels compared to the $44.9 M or 69% 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$ 24,79667%$ 37,397$ 24,766 66%-2%0% Expenditures$ (36,758)$ (24,510)67%$ (37,397)$ (20,918)56%-2%17% Excess (Deficit)$ -$ 286$ -$ 3,848 For the eight month period in FY 2012-13,  Revenues realized are $24.8 M (67%) of the annual budget estimate.  Expenditures incurred are $24.5 M (67%) of the annual appropriated budget. This results in revenues in excess of expenditures of approximately $ 286 K. The following provides brief comments on revenues and expenditures to date. Revenues (Exhibit C) - The $24.8 M in FY 2012-13 actual revenues and fund balance increase are on target with the $24.8 M to date in FY 2011-12, because of two factors:  Water Sales - $12.0 M equivalent to 67% of the annual estimate, compared to 41 of 350 $11.9 M or 65% 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 $24.5 M or 67% of the annual appropriation compared to expenditures of $20.9 M or 56% 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. 42 of 350 43 of 350 44 of 350 45 of 350 46 of 350 47 of 350 6. C CONSENT AGENDA July 2, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 2, 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. R13-055 - EQUESTED CTION BY ITY OMMISSION Approve piggy-backing the U.S. Coast Guard Basic Ordering Agreement (BOA) HSCB84-09-A- 100113 contract with Clean Harbors Environmental Services, Inc. for emergency response support on an "As Needed " basis, effective July 1, 2013 and authorize the City Manager to execute an Agreement between the City of Boynton Beach and Clean Harbors Environmental Services, Inc. ER: XPLANATION OF EQUEST The City has utilized the contract between the U.S. Coast Guard and Clean Harbors Environmental Services for emergency response support in the event of a major wastewater spill or environmental clean-up since June 15, 2010. The Department of Environmental Protection consent order requires that the Utilities Department have an effective contract for emergency assistance. Terms and conditions of this contract meet and/or exceed the City of Boynton Beach Procurement policies. The contract between the Clean Harbors and the U.S. Coast Guard remains in effect “unless it is discontinued upon thirty days written notice by the Contractor or the Government.” Clean Harbors has confirmed that the contract is still in effect with the U.S. Coast Guard. Clean Harbors Environmental Services has agreed to extend the Agreement with the City of Boynton Beach for the duration of the contract between the U.S. Coast Guard and Clean Harbors. This agreement is also available to other City Departments on an “As Needed” basis. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES 48 of 350 Major spills can occur as a result of tropical storms, hurricanes, equipment and infrastructure failures. Clean Harbors assists Cities and agencies with logistics, manpower, and equipment to mitigate hazardous and non-hazardous emergency spills. Their expert services would give the City and Utilities assurance that there would be additional equipment and personnel available to support a spill or disaster. These services include working with regulatory agencies that require regulated clean-up and removal of wastewater. FI: ISCAL MPACT Funding would be made available from various departments’ operating and reserve budgets. Depending on the nature of the event, reimbursement may be possible from government agencies A: LTERNATIVES The Utilities Department would need to search for an alternative arrangement with another emergency response company as required by the Department of Environmental Protection consent order. 49 of 350 RESOLUTION NO. R13- _____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE PIGGY-BACKING OF A CONTRACT BETWEEN THE UNITED STATES COAST GUARD AND CLEAN HARBORS ENVIRONMENTAL SERVICES, INC., FOR VARIOUS SERVICES THAT MAY BE NEEDED IN THE EVENT OF A MAJOR WEATHER EVENT, DISASTER OR LARGE UTILITY SYSTEM FAILURE FOR A TERM OF ONE (1) YEAR COMMENCING JULY 1, 2013; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF BOYNTON BEACH AND CLEAN HARBORS ENVIRONMENTAL SERVICES, INC.; PROVIDING AN EFFECTIVE DATE. WHEREAS, on June 15, 2010, the City Commission approved a two year Agreement with Clean Harbors Environmental Services, Inc., for emergency response support, based on the piggy-backing of a United States Coast Guard Basic Ordering Agreement HSCB84-09-A-100113; and WHEREAS, City staff recommends entering into a one (1) year Agreement with Clean Harbors Environmental Services, Inc., based on the prices, terms and conditions of the previous Agreement, for emergency response in the even of a major wastewater spill, or other environmental clean-up; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2. The City Commission hereby approves the piggy-backing of a United States Coast Guard Contract with Clean Harbor Environmental Services, Inc., for a one (1) year period effective July 1, 2013 for various services that may be needed for disaster 50 of 350 recovery on an as needed basis. Section 3. The City Commission of the City of Boynton Beach hereby authorizes the City Manager to execute an Agreement between the City of Boynton Beach and Clean Harbor Environmental Services, Inc., a copy of which is attached hereto as Exhibit “A”. Section 4. That this Resolution shall become effective immediately. PASSED AND ADOPTED this _____ day of July, 2013. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor ______________________________ Vice Mayor – Woodrow L. Hay ______________________________ Commissioner – David T. Merker _______________________________ Commissioner – Michael T. Fitzpatrick _______________________________ Commissioner – Joe Casello ATTEST: _____________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 51 of 350 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND CLEAN HARBORS ENVIRONMENTAL SERVICES, INC. THIS IS AN AGREEMENT, dated this _____ day of _______________, 2013, by and between: CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter referred to as “City,” and CLEAN HARBORS ENVIRONMENTAL SERVICES, INC., a Massachusetts corporation authorized to do business in the State of Florida, with its principal address as 42 Longwater Drive, Norwell, MA 02061, hereinafter referred to as “Contractor.” WHEREAS, the City has the need to procure the services, on an “as needed basis” of qualified contractors capable of providing emergency response services for containment, cleanup, and/or to mitigate the harmful effects of oil spills and hazardous substance incidents on or in waters within the City (“Services”) in the event of a hurricane landfall, or other natural and/or manmade disasters; and WHEREAS, the United States Coast Guard competitively bid for these Services under United States Vendor Solicitation Number HSCG84-09-A-100113; and WHEREAS, Contractor submitted a bid in response to the United States Coast Guard solicitation; and WHEREAS, after receipt of said bid from Contractor, the United States Coast Guard entered into a Basic Ordering Agreement (“U.S.C.G. Agreement”) with Contractor to provide labor, materials and equipment to contain, cleanup, and/or mitigate the harmful effects of oil spills and hazardous substance incidents on or in waters subject to the jurisdiction of the United States, as well as the bottom and adjoining shoreline of such waters and inland areas, said Agreement being attached hereto and made part hereof as Exhibit “A”; and WHEREAS, the City has reviewed the scope of services of the competitively bid U.S.C.G. Agreement, and has determined that it is an agreement that can be utilized by the City to provide said services to the City of Boynton Beach; and WHEREAS, the City has reviewed procurement process used by the United States Coast Guard for the U.S.C.G. Agreement and find its process acceptable; and WHEREAS, Contractor has agreed to honor the prices and terms and conditions of the U.S.C.G. Agreement in performing said Services for the City as evidenced in a letter dated May 21, 2013, a copy of which is attached hereto and made a part hereof as Exhibit “B”; and WHEREAS, City desires to retain the services of Contractor based on the U.S.C.G. Agreement; and 52 of 350 NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and adequacy of which are acknowledged, the parties agree as follows: Section 1. The foregoing recitals are true and correct and are hereby incorporated into this Agreement. Section 2. Attached hereto and made a part hereof by reference as Exhibit “A” is the U.S.C.G. Agreement referenced-above. The prices, terms and conditions of this U.S.C.G. Agreement shall govern the relationship between the City and Contractor, except as amended below: A. The Scope of Services for work to be performed under this Agreement shall be as set forth in Exhibit “A,” except said services shall be performed in and for the City of Boynton Beach. B. All references in the U.S.C.G. Agreement to the United States Coast Guard and the United States of America shall be considered references to the City of Boynton Beach. C. Contractor shall perform the services in and for the City of Boynton Beach as detailed in the U.S.C.G. Agreement utilizing the prices set forth in Exhibit “A.” D. As discussed in Part I, Section F.1. of the U.S.C.G. Agreement, term period of this Agreement shall commence July 1, 2013 and terminate one (1) year from that date. The remainder of this section of the U.S.C.G. Agreement shall remain the same. E. The venue of any action taken to enforce this Agreement shall be in Palm Beach County, Florida and this Contract shall be interpreted under the laws of the State of Florida. F. Contractor shall provide City with proof of insurance as required by the U.S.C.G. Agreement naming the City of Boynton Beach as the “Additional Insured” and providing the City with all the same endorsements provided to the United States Coast Guard and the United States of America in the U.S.C.G. Agreement. G. All Notices to the City shall be sent to: City of Boynton Beach Attn: City Manager 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425 Section 3. In all other respects, the terms and conditions of the U.S.C.G. Agreement, are hereby ratified and shall remain in full force and effect under this “piggybacking” arrangement, as provided by their terms. 53 of 350 IN WITNESS OF THE FOREGOING, the parties have hereunto set their hands and seals on the dates written below. CITY OF BOYNTON BEACH BY: ________________________________ LORI LAVERRIERE CITY MANAGER ATTEST: BY: ________________________________ Janet M. Prainito, MMC, City Clerk Approved as to form: BY: _______________________________ James A. Cherof, City Attorney WITNESSED BY: CLEAN HARBORS ENVIRONMENTAL SERVICES, INC. ___________________________ BY: ________________________________ _______________________________ (Print Name and Title) ___________________________ STATE OF _________________ COUNTY OF ________________ The foregoing Agreement was acknowledged before me this _____ day of _______________, 2013, by_____________________, as __________________ of CLEAN HARBORS ENVIRONMENTAL SERVICES, INC., who is personally known to me, and who has affirmed that he/she has been duly authorized to execute the above document on behalf of the corporation. NOTARY'S SEAL: _________________________________________ NOTARY PUBLIC _________________________________________ Name of Acknowledger, typed, printed, or Stamped 54 of 350 EXHIBIT “A” AGREEMENT BETWEEN UNITED STATES COAST GUARD AND CLEAN HARBORS ENVIRONMENTAL SERVICES, INC. 55 of 350 EXHIBIT “B” LETTER FROM CLEAN HARBORS ENVIRONMENTAL SERVICES, INC. AGREEING TO HONOR THE RATES PROVIDE IN THE U.S.C.G. CONTRACT IN ITS AGREEMENT WITH THE CITY OF BOYNTON BEACH 56 of 350 57 of 350 58 of 350 59 of 350 60 of 350 61 of 350 6. D CONSENT AGENDA July 2, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 2, 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. R13-056 - EQUESTED CTION BY ITY OMMISSION Approve a Professional Services Agreement for "Building Inspections and Plan Review Services", RFP No. 044-2411-13/JMA, with Hy-Byrd, Inc. of Lake Worth, FL as the primary vendor and with G.F.A. International, Inc. of Delray Beach, FL as secondary vendor for a one- year term, on an "As Needed" basis. AGREEMENTPERIOD:JULY3,2013TOJULY2,2014 ER: XPLANATION OF EQUEST The Building Division of the Development Department in their effort to maintain good service for the City of Boynton Beach requested that a Request for Proposal be issued to solicit proposals from qualified firms that would perform plan review for residential and commercial building applications; and building inspection services for building, plumbing, electric and mechanical HVAC for structures issued a City permit. Inspection and Plan Review Services will be performed in accordance with Florida State Statutes 468, Part XII, Building Code Administrators and Inspectors. On May 20, 2013, Procurement Services opened seven proposals submitted in response to the RFP for “Building Inspections and Plan Review Services”. The Evaluation Committee reviewed and scored the responses to the RFP as outlined in the Evaluation Criteria of the RFP: 1. Qualifications and Experience 2. Technical Approach and Methodology 3. Proposed Fees 4. References 62 of 350 Based on the rankings, the Evaluation Committee recommends Hy-Byrd, Inc. as the primary awarded vendor. In the event that Hy-Byrd, Inc. is unable to provide services as requested by the City, G.F.A. International, Inc. is recommended as a secondary awarded vendor. The Professional Services Agreement is for a period of one year and may be renewed at the same terms, conditions, and prices for three (3) one-year periods subject to the Professional’s acceptance, satisfactory performance, and determination that renewal will be in the best interest of the City. The estimated annual expenditure for these services is $50,000.00. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES By utilizing a Professional Services Agreement for the inspections and plan review, the City will have the ability to optimally staff the Building Department with contracted services as required by workflow. FI: ISCAL MPACT Funds for these services are available in account number 001-2411-524-49-17. A: LTERNATIVES The Building Department would need to advertise and hire additional inspectors and plan review analysts. 63 of 350 RESOLUTION NO. R13- A RESOLUTION OF THE CITY COMMISSION OF BOYNTON BEACH, FLORIDA, APPROVING A PROFESSIONAL SERVICES AGREEMENT FOR BUILDING INSPECTIONS AND PLAN REVIEW SERVICES WITH HY-BYRD, INC., AS PRIMARY VENDOR AND GFA INTERNATIONAL, INC., AS SECONDARY VENDOR; AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE SAID AGREEMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on May 20, 2013 Procurement Services opened seven proposals submitted in response to RFP No. 044-2411-13/JMA for “Building Inspections and Plan review Services;” and WHEREAS, the Evaluation Committee review and scored the responses to the RFP as outlined in the Evaluation criteria of the RFP; and WHEREAS, based on the rankings, the evaluation Committee recommends Hy-Byrd, Inc., as the primary vendor and in the event that Hy-Byrd, Inc., is unable to provide services as requested by the City, GFA International, Inc., is recommended as a secondary vendor; and WHEREAS, the City Commission of the City of Boynton Beach deems it in the best interest, health, safety and welfare of the citizens and residents of Boynton Beach to enter into a Professional Services Agreement For Building Inspections and Plan Review Services with Hy- Byrd, Inc., as primary vendor and GFA International, Inc., as secondary vendor for a period of one year with three additional one year renewals. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida hereby 64 of 350 approves and authorizes the City Manager and City Clerk to execute a Professional Services Agreement For Building Inspections and Plan Review Services with Hy-Byrd, Inc., as primary vendor and GFA International, Inc., as secondary vendor for a period of one year with three additional one year renewals, a copy of said Agreements are attached hereto as Exhibits “A” and “B” respectively. Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of July, 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) 65 of 350 66 of 350 67 of 350 68 of 350 69 of 350 70 of 350 71 of 350 72 of 350 73 of 350 74 of 350 75 of 350 76 of 350 77 of 350 78 of 350 79 of 350 80 of 350 81 of 350 82 of 350 83 of 350 84 of 350 85 of 350 86 of 350 87 of 350 88 of 350 89 of 350 90 of 350 91 of 350 92 of 350 93 of 350 94 of 350 95 of 350 96 of 350 97 of 350 98 of 350 99 of 350 100 of 350 101 of 350 102 of 350 103 of 350 104 of 350 105 of 350 106 of 350 107 of 350 108 of 350 109 of 350 PROFESSIONAL SERVICES AGREEMENT FOR BUILDING INSPECTIONS AND PLAN REVIEW SERVICES THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to _____Hy-Byrd, Inc.____________________ as “the City”, and , hereinafter referred to as “Professional”, in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Building PROJECT DESIGNATION. The Professional is retained by the City to perform Inspections and Plan Review ServicesPrimary for the Building Department as the Vendor . 2. SCOPE OF SERVICES. Professional agrees to perform the services as outlined in RFP No. 044-2411-13/JMA, and incorporated herein: “Section II, D. RESPONSIBILITIES”, and including the provision of all labor, materials, equipment and supplies as required by “Section II, H. EQUIPMENT”. No modifications will be made to the original scope of work without the written approval of the City Manager or her designee. DRESPONSIBILITIES . a. Inspection and Plan Review services shall include, but not be limited to, general building, mechanical (HVAC), plumbing, structural and electrical, as well as providing all administrative documentation as required by the City. Inspect permitted construction within the City limits, for compliance with b. City codes and ordinances and permitted plans and specifications. Receive and investigate alleged complaints of working without permits, c. code violations, etc., by citizens, City employees, and others including appearances before the Code Enforcement Board where appropriate. Prepare written reports of inspections and investigations of complaints and d. other reports as may be reasonably requested by the City. City inspection forms must be used. Maintain records of inspection and investigations. Log daily inspections e. and results in the computer system. Review plans for code compliance. Maintain records of reviews and f. investigations. Log daily reviews and results in the computer system. Contact contractors, architects, engineers, and citizens about construction g. projects, code questions, and other concerns. Perform other duties that are related to or incidental to Inspector’s or Plan h. Reviewer’s primary duties as herein described and that the City may from time to time assign. Perform these duties during normal business hours of 7:00 AM to 6:00 PM, i. Monday through Thursday as needed, or as may be altered with mutual agreement. 110 of 350 Report to the City’s Building Official or designee. j. k. Inspection Services and Plan Review shall be provided in the event of a natural disaster (i.e. hurricane). l. Inspection personnel may be required to attend meetings or to provide consultation to the City. H. EQUIPMENT Each inspector shall be required to provide the following items at their own cost: a) An inspection vehicle in good operating condition, subject to approval by the City, capable of transporting one ladder. Vehicle may be required to display a City of Boynton Beach magnetic sign (provided by the City) on the doors. b) Cellular telephone. c) One ladder capable of reaching the roof of a typical one story home. d) Uniform provided by the firm contracting with the City. e) Safety shoes, hardhats, and other safety related equipment. 3. TIME FOR PERFORMANCE. Work under this agreement shall commence upon written notice by the City to the Professional to proceed. Professional shall perform all services and provide all work product required pursuant to this agreement upon written notice to proceed. 4. TERM: This Agreement shall be for a period of one (1) year – July 3, 2013 through July 2, 2014. This Agreement may be renewed at the same terms, conditions, and prices, for three (3) one-year periods subject to Professional’s acceptance, satisfactory performance, and determination that renewal will be in the best interest of the City. 5. PAYMENT. The Professional shall be paid by the City for completed work and for services rendered under this agreement as follows: a. Payment for the work provided by Professional shall be made promptly on all invoices submitted to the City properly and in accordance with “PRICE PROPOSAL” outlined in RFP No. 044-2411-13/JMA. b. The Professional may submit invoices to the City once per month during the progress of the contract term. Such invoices will be reviewed by the City, and upon approval thereof, payment will be made to the Professional in the amount approved. c. Final payment of any balance due the Professional of the total price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. d. Payment as provided in this section by the City shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. 111 of 350 e. The Professional’s records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after the termination of the Agreement. Copies shall be made available upon request. 6. OWNERSHIP AND USE OF DOCUMENTS. All documents, and other materials produced by the Professional in connection with the services rendered under this Agreement shall be the property of the City. 7. COMPLIANCE WITH LAWS. Professional shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. 8. INDEMNIFICATION. Professional shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Professional’s own employees, or damage to property occasioned by a negligent act, omission or failure of the Professional. 9. INSURANCE. The Professional shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of $1,000,000 per occurrence to 2 million aggregate with defense costs in addition to limits; workers’ compensation insurance, and vehicular liability insurance. Said general liability policy shall name the City of Boynton Beach as an “additional named insured” and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. 10. INDEPENDENT CONTRACTOR. The Professional and the City agree that the Professional is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Professional nor any employee of Professional shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Professional, or any employee of Professional. 11. COVENANT AGAINST CONTINGENT FEES. The Professional warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Professional, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Professional, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 112 of 350 12. DISCRIMINATION PROHIBITED. The Professional, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 13. ASSIGNMENT. The Professional shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 14. NON-WAIVER. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15. TERMINATION. a. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Professional. b. In the event of the death of a member, partner or officer of the Professional, or any of its supervisory personnel assigned to the project, the surviving members of the Professional hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Professional and the City, if the City so chooses. 16. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to Professional shall be sent to the following address: Michael Crisafulle Hy-Byrd, Inc. 511 South East Coast Street Lake Worth, FL 33460 18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Professional and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Professional. DATED this _____ day of ________________________________________, 20____. 113 of 350 CITY OF BOYNTON BEACH _________________________________ __________________________________ City Manager Professional Attest/Authenticated: __________________________________ Title _________________________________ (Corporate Seal) City Clerk Approved as to Form: Attest/Authenticated: _________________________________ __________________________________ Office of the City Attorney Secretary EXHIBIT “A” 114 of 350 PROFESSIONAL SERVICES AGREEMENT FOR BUILDING INSPECTIONS AND PLAN REVIEW SERVICES THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to ____GFA International, Inc._____________ as “the City”, and , hereinafter referred to as “Professional”, in consideration of the mutual benefits, terms, and conditions hereinafter specified. 12. Building PROJECT DESIGNATION. The Professional is retained by the City to perform Inspections and Plan Review ServicesSecondary for the Building Department as the Vendor in the event the Primary Vendor is unable to provide the services requested. 13. SCOPE OF SERVICES. Professional agrees to perform the services as outlined in RFP No. 044-2411-13/JMA, and incorporated herein: “Section II, D. RESPONSIBILITIES”, and including the provision of all labor, materials, equipment and supplies as required by “Section II, H. EQUIPMENT”. No modifications will be made to the original scope of work without the written approval of the City Manager or her designee. DRESPONSIBILITIES . k. Inspection and Plan Review services shall include, but not be limited to, general building, mechanical (HVAC), plumbing, structural and electrical, as well as providing all administrative documentation as required by the City. Inspect permitted construction within the City limits, for compliance with l. City codes and ordinances and permitted plans and specifications. Receive and investigate alleged complaints of working without permits, m. code violations, etc., by citizens, City employees, and others including appearances before the Code Enforcement Board where appropriate. Prepare written reports of inspections and investigations of complaints and n. other reports as may be reasonably requested by the City. City inspection forms must be used. Maintain records of inspection and investigations. Log daily inspections o. and results in the computer system. Review plans for code compliance. Maintain records of reviews and p. investigations. Log daily reviews and results in the computer system. Contact contractors, architects, engineers, and citizens about construction q. projects, code questions, and other concerns. Perform other duties that are related to or incidental to Inspector’s or Plan r. Reviewer’s primary duties as herein described and that the City may from time to time assign. Perform these duties during normal business hours of 7:00 AM to 6:00 PM, s. Monday through Thursday as needed, or as may be altered with mutual agreement. 115 of 350 Report to the City’s Building Official or designee. t. k. Inspection Services and Plan Review shall be provided in the event of a natural disaster (i.e. hurricane). l. Inspection personnel may be required to attend meetings or to provide consultation to the City. H. EQUIPMENT Each inspector shall be required to provide the following items at their own cost: f) An inspection vehicle in good operating condition, subject to approval by the City, capable of transporting one ladder. Vehicle may be required to display a City of Boynton Beach magnetic sign (provided by the City) on the doors. g) Cellular telephone. h) One ladder capable of reaching the roof of a typical one story home. i) Uniform provided by the firm contracting with the City. j) Safety shoes, hardhats, and other safety related equipment. 14. TIME FOR PERFORMANCE. Work under this agreement shall commence upon written notice by the City to the Professional to proceed. Professional shall perform all services and provide all work product required pursuant to this agreement upon written notice to proceed. 15. TERM: This Agreement shall be for a period of one (1) year – July 3, 2013 through July 2, 2014. This Agreement may be renewed at the same terms, conditions, and prices, for three (3) one-year periods subject to Professional’s acceptance, satisfactory performance, and determination that renewal will be in the best interest of the City. 16. PAYMENT. The Professional shall be paid by the City for completed work and for services rendered under this agreement as follows: a. Payment for the work provided by Professional shall be made promptly on all invoices submitted to the City properly and in accordance with “PRICE PROPOSAL” as outlined in RFP No. 044-2411-13/JMA. b. The Professional may submit invoices to the City once per month during the progress of the contract term. Such invoices will be reviewed by the City, and upon approval thereof, payment will be made to the Professional in the amount approved. c. Final payment of any balance due the Professional of the total price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. d. Payment as provided in this section by the City shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. 116 of 350 e. The Professional’s records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after the termination of the Agreement. Copies shall be made available upon request. 17. OWNERSHIP AND USE OF DOCUMENTS. All documents, and other materials produced by the Professional in connection with the services rendered under this Agreement shall be the property of the City. 18. COMPLIANCE WITH LAWS. Professional shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. 19. INDEMNIFICATION. Professional shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Professional’s own employees, or damage to property occasioned by a negligent act, omission or failure of the Professional. 20. INSURANCE. The Professional shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of $1,000,000 per occurrence to 2 million aggregate with defense costs in addition to limits; workers’ compensation insurance, and vehicular liability insurance. Said general liability policy shall name the City of Boynton Beach as an “additional named insured” and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. 21. INDEPENDENT CONTRACTOR. The Professional and the City agree that the Professional is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Professional nor any employee of Professional shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Professional, or any employee of Professional. 22. COVENANT AGAINST CONTINGENT FEES. The Professional warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Professional, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Professional, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 117 of 350 12. DISCRIMINATION PROHIBITED. The Professional, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 13. ASSIGNMENT. The Professional shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 14. NON-WAIVER. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15. TERMINATION. a. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Professional. b. In the event of the death of a member, partner or officer of the Professional, or any of its supervisory personnel assigned to the project, the surviving members of the Professional hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Professional and the City, if the City so chooses. 16. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to Professional shall be sent to the following address: Thomas Ortner GFA Inernational, Inc. 1215 Wallace Drive Delray Beach, FL 33444 18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Professional and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Professional. DATED this _____ day of ________________________________________, 20____. 118 of 350 CITY OF BOYNTON BEACH _________________________________ __________________________________ City Manager Professional Attest/Authenticated: __________________________________ Title _________________________________ (Corporate Seal) City Clerk Approved as to Form: Attest/Authenticated: _________________________________ __________________________________ Office of the City Attorney Secretary EXHIBIT “A” 119 of 350 6. E CONSENT AGENDA July 2, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 2, 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. R13-057 - EQUESTED CTION BY ITY OMMISSION Approve Waiver of Right of First Refusal for Shannon Skiba of 293 Meadows Drive, Boynton Beach, Florida, 33426. EXPLANATION OF REQUEST: The City Commission, at their February 5, 2013, meeting gave their permission via the adoption of Resolution R13-011 for Ms. Skiba to sell her home through a “short sale” process in order to avoid foreclosure. Prior to closing, the title company is in need of a Waiver of Right of First Refusal to allow clear title to the property. The City has no interest or funding available to purchase the house; 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: There is no affect to city programs or services. FISCAL IMPACT: The City stands to recoup $4,000 of its original investment that would be used for program funding. ALTERNATIVES: None at this time. 120 of 350 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 LOCATED AT 293 MEADOWS DRIVE, BOYNTON BEACH, FLORIDA 33426; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Shannon Skiba and the City of Boynton Beach executed a Second Mortgage under the City’s first time homebuyer assistance program in the amount of $58,930.00 loan for the purchase of the property located at 293 Meadows Drive, Boynton Beach, FL 33426 (the “Mortgaged Property”); and WHEREAS, Shannon Skiba has received an offer to sell her home through a short sale process in order to avoid foreclosure of the Mortgaged Property; and WHEREAS, the City has no interest or funding available to purchase the Mortgaged Property from Ms. Skiba; 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 the waiver of the City’s Right of First Refusal for the property located at 293 Meadows Drive, Boynton Beach, Florida 33426. Section 3. That this Resolution will become effective immediately upon passage. 121 of 350 PASSED AND ADOPTED this _____ day of July, 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) 122 of 350 123 of 350 124 of 350 125 of 350 126 of 350 6. F CONSENT AGENDA July 2, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 2, 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 release of performance bond EQUESTED CTION BY ITY OMMISSION #104708964 in the amount of $363,000.00 for the construction of a traffic signal at Old Boynton Road and Renaissance Commons Boulevard. ER: As part of the Boynton Town Center project, the City XPLANATION OF EQUEST accepted surety for the construction of a traffic signal on Old Boynton Road at Renaissance Commons Boulevard. The intent of this surety is to provide funding for the traffic signal, if warranted by the County Engineer, upon the full completion of this development including the residential component. The original developer, The Sembler Company, has sold the residential portion of this project to BR Cortina Acquisition LLC. As part of this land transfer, BR Cortina has provided a replacement bond (#0622553) in the full amount of $363,000 to guarantee construction of the referenced traffic signal if so warranted after final build out. The Public Works Department of Engineering Division requests release of performance bond #104708964 in the amount of $363,000.00 for the construction of a traffic signal at Old Boynton Road and Renaissance Commons Boulevard. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: None ISCAL MPACT A: None LTERNATIVES 127 of 350 128 of 350 129 of 350 130 of 350 131 of 350 132 of 350 133 of 350 134 of 350 135 of 350 136 of 350 137 of 350 138 of 350 139 of 350 6. G CONSENT AGENDA July 2, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 2, 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 June 18, 2013 The City Commission met on June 18, 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 140 of 350 141 of 350 142 of 350 143 of 350 144 of 350 145 of 350 146 of 350 147 of 350 148 of 350 149 of 350 150 of 350 151 of 350 152 of 350 153 of 350 154 of 350 155 of 350 156 of 350 157 of 350 158 of 350 159 of 350 160 of 350 161 of 350 162 of 350 163 of 350 164 of 350 165 of 350 166 of 350 167 of 350 6. H CONSENT AGENDA July 2, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 2, 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. R13-058 - EQUESTED CTION BY ITY OMMISSION Approve piggy-backing the Orange County, FL Contract Y12-1086F with Fisher Scientific Company, LLC., with the same terms, conditions, specifications and pricing. This bid will be utilized for the procurement of turn out gear at an estimated expenditure of $70,000. and authorize the City Manager to execute the City's Agreement with Fisher Scientific Company, LLC. B:S22,2012–S21,2015 ID TERM EPTEMBER EPTEMBER ER: Firefighter Turn Out gear (Bunker Gear) is part of the XPLANATION OF EQUEST structural firefighting gear required to perform the duties of firefighter. This gear is required to meet NFPA guidelines and each member is required to have their own gear fit to their specific measurements. In compliance with the SAFER Grant and the employment of the 7 new and 3 open positions, the first 10 sets of gear are to outfit these personnel with the current gear utilized by BBFD. The additional 30 sets of gear are to replace gear that has reached its end of life and or has shown significant wear and tear that it can no longer be utilized or provide the safety protection needed by NFPA standards. Orange County, FL complied with the Public Bid requirements equal to or exceeding the City of Boynton Beach requirements. H? In order to function and perform OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES firefighting duties, members must have Bunker Gear to provide them protection from heat, direct flame and potential contact injuries. This essential part of the safety gear 168 of 350 ensemble is required to meet NFPA guidelines and specifications. Without this safety gear, firefighters would not be able to perform their duties. FI: $19,000 is budgeted in the FY 2013 budget for the 10 new firefighters ISCAL MPACT under account number 001-2210-522-5223. $51,000 will be expended from the Fire Department’s Donation account 691-5000-590-04-97 as part of the replacement program. A: The City of Boynton Beach could issue its own bid for the purchase of LTERNATIVES turn out gear. 169 of 350 RESOLUTION NO. R13- _____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE PIGGY-BACKING OF A CONTRACT BETWEEN ORANGE COUNTY, FLORIDA AND FISHER SCIENTIFIC COMPANY, LLC., FOR THE PROCUREMENT OF TURN OUT GEAR AT AN ESTIMATED ANNUAL EXPENDITURE OF $70,000.00; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF BOYNTON BEACH AND FISHER SCIENTIFIC COMPANY, LLC; PROVIDING AN EFFECTIVE DATE. WHEREAS, Firefighter Turn Out gear (Bunker Gear) is part of the structural firefighting gear required to perform the duties of a firefighter; and WHEREAS, this gear is required to meet the NFPA guidelines and each member is required to have their own gear fit to their specific measurements; and WHEREAS, City staff recommends piggy-backing an Orange County, Florida Contract with Fisher Scientific Company, LLC., for a three (3) year period effective September 22, 2012 through September 21, 2013 for the procurement of turn out gear at an estimated annual expenditure of $70,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2. The City Commission hereby approves the piggy-backing of an Orange County, Florida Contract with Fisher Scientific Company, LLC., for a three (3) year period effective September 22, 2012 through September 21, 2013 for the procurement of turn out gear at an estimated annual expenditure of $70,000.00. 170 of 350 Section 3. The City Commission of the City of Boynton Beach hereby authorizes the City Manager to execute an Agreement between the City of Boynton Beach and Fisher Scientific Company, LLC, a copy of which is attached hereto as Exhibit “A”. Section 4. That this Resolution shall become effective immediately. PASSED AND ADOPTED this _____ day of July, 2013. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor ______________________________ Vice Mayor – Woodrow L. Hay ______________________________ Commissioner – David T. Merker _______________________________ Commissioner – Michael T. Fitzpatrick _______________________________ Commissioner – Joe Casello ATTEST: _____________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 171 of 350 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND FISHER SCIENTIFIC COMPANY THIS IS AN AGREEMENT, dated this _____ day of _______________, 2013, by and between: CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter referred to as “City,” and FISHER SCIENTIFIC COMPANY, a Pennsylvania corporation authorized to do business in the State of Florida, with its principal address at 300 Industry Drive, Pittsburgh, PA 15275, hereinafter referred to as “Contractor.” WHEREAS, the City needs to procure Firefighter Turn Out gear which is required to meet NFPA guidelines and each firefighter is required to have their own gear fit to their specific measurements; and WHEREAS, Orange County, Florida, competitively bid for these Services under Invitation to Bid No. Y12-1086-JS, Fire Rescue and Hazmat Supplies and Equipment; and WHEREAS, Contractor submitted a bid in response to the Orange County, Florida solicitation; and WHEREAS, after receipt of said bid from Contractor, Orange County, Florida entered into Term Contract No. Y12-1086F (“Orange County Agreement”) with Contractor to provide Fire Rescue and Hazmat Supplies and Equipment, said Agreement being attached hereto and made part hereof as Exhibit “A”; and WHEREAS, the City has reviewed the scope of services of the competitively bid Orange County Agreement, and has determined that it is an agreement that can be utilized by the City to provide said services to the City of Boynton Beach; and WHEREAS, the City has reviewed procurement process used by Orange County, Florida the Orange County Agreement and find its process acceptable; and WHEREAS, Contractor has agreed to honor the prices and terms and conditions of the Orange County Agreement in performing said Services for the City as evidenced in a Sales Quotation dated March 6 and June 17, 2013, a copy of which is attached hereto and made a part hereof as Exhibit “B”; and WHEREAS, City desires to retain the services of Contractor based on the Orange County Agreement; and NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and adequacy of which are acknowledged, the parties agree as follows: 172 of 350 Section 1. The foregoing recitals are true and correct and are hereby incorporated into this Agreement. Section 2. Attached hereto and made a part hereof by reference as Exhibit “A” is the Orange County Agreement referenced-above. The prices, terms and conditions of this Orange County Agreement shall govern the relationship between the City and Contractor, except as amended below: H. The Scope of Services for work to be performed under this Agreement shall be as set forth in Exhibit “A,” except said services shall be performed in and for the City of Boynton Beach. I. All references in the Orange County Agreement to Orange County, Florida shall be considered references to the City of Boynton Beach. J. As discussed in 2B, of the Orange County Agreement, term period of this Agreement shall commence September 22, 2012 and shall remain in effect through September 21, 2015, however the estimated annual expense shall be approximately $70,000.00. K. The venue of any action taken to enforce this Agreement shall be in Palm Beach County, Florida and this Contract shall be interpreted under the laws of the State of Florida. L. Contractor shall provide City with proof of insurance as required by the Orange County Agreement naming the City of Boynton Beach as the “Additional Insured” and providing the City with all the same endorsements provided to Orange County, Florida in the Orange County Agreement. M. All Notices to the City shall be sent to: City of Boynton Beach Attn: City Manager 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425 Section 3. In all other respects, the terms and conditions of the Orange County Agreement, are hereby ratified and shall remain in full force and effect under this “piggybacking” arrangement, as provided by their terms. 173 of 350 IN WITNESS OF THE FOREGOING, the parties have hereunto set their hands and seals on the dates written below. CITY OF BOYNTON BEACH BY: ________________________________ LORI LAVERRIERE CITY MANAGER ATTEST: BY: ________________________________ Janet M. Prainito, MMC, City Clerk Approved as to form: BY: _______________________________ James A. Cherof, City Attorney WITNESSED BY: FISHER SCIENTIFIC COMPANY, LLC. ___________________________ BY: ________________________________ _______________________________ (Print Name and Title) ___________________________ STATE OF _________________ COUNTY OF ________________ The foregoing Agreement was acknowledged before me this _____ day of _______________, 2013, by_____________________, as __________________ of FISHER SCIENTIFIC COMPANY, LLC., who is personally known to me, and who has affirmed that he/she has been duly authorized to execute the above document on behalf of the corporation. NOTARY'S SEAL: _________________________________________ NOTARY PUBLIC _________________________________________ Name of Acknowledger, typed, printed, or Stamped 174 of 350 EXHIBIT “A” AGREEMENT BETWEEN ORANGE COUNTY, FLORIDA AND FISHER SCIENTIFIC COMPANY 175 of 350 EXHIBIT “B” SALES QUOTATION FROM FISHER SCIENTIFIC COMPANY AGREEING TO HONOR THE RATES PROVIDE IN THE ORANGE COUNTY AGREEMENT WITH THE CITY OF BOYNTON BEACH 176 of 350 177 of 350 178 of 350 179 of 350 180 of 350 181 of 350 182 of 350 183 of 350 184 of 350 185 of 350 186 of 350 187 of 350 188 of 350 189 of 350 190 of 350 191 of 350 192 of 350 193 of 350 194 of 350 195 of 350 196 of 350 197 of 350 198 of 350 199 of 350 200 of 350 201 of 350 202 of 350 203 of 350 204 of 350 205 of 350 206 of 350 207 of 350 208 of 350 209 of 350 210 of 350 211 of 350 212 of 350 213 of 350 214 of 350 215 of 350 216 of 350 217 of 350 218 of 350 219 of 350 6. I CONSENT AGENDA July 2, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 2, 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 Cory Kravit, a regular EQUESTED CTION BY ITY OMMISSION member of the Planning and Development Board ER: Cory Kravit has submitted his resignation as a Regular XPLANATION OF EQUEST member of the Planning and Development Board. H? The Planning and Development OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Board will have a vacant position. FI: None ISCAL MPACT A: None LTERNATIVES 220 of 350 221 of 350 6. J CONSENT AGENDA July 2, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 2, 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 Irma Khoja, a regular EQUESTED CTION BY ITY OMMISSION member of the Community Relations Board ER: Irma Khoja 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 222 of 350 223 of 350 7. A BIDS AND PURCHASES OVER $100,000 July 2, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 2, 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 award for the "Annual Supply of Medical EQUESTED CTION BY ITY OMMISSION and Medication Supplies", Bid No. 046-2210-13/JMA to Bound Tree Medical, LLC; Henry Schein, Inc.; Kentron Healthcare, Inc.; Midwest Medical Supply Co, Inc. and Quadmed, Inc. , as the lowest, most responsive, responsible bidders for a projected annual expenditure of $110,000.00. Items will be ordered on an "As Needed" basis. BID TERM: JULY 3, 2013 TO JULY 2, 2014 ER: XPLANATION OF EQUEST The City of Boynton Beach is lead agency on this joint bid with the City of Delray Beach for medical and medication supplies. These are Warehouse stocked supplies that are used by the Fire Department’s Emergency Medical Services Staff and are ordered “As Needed”. On May 16, 2013, Procurement opened six proposals. The bid contained 237 items that were divided into seven groups. Per Bid “Special Conditions” the City of Boynton Beach intends to award by Group. A primary and a secondary vendor are identified by group. A secondary vendor is named in the event that a primary vendor cannot supply the required item in a timely manner, the Warehouse would then contact the secondary vendor. Group 1 – Airway Management Equipment and Supply Primary - Midwest Medical Supply Co., Inc. Secondary – Bound Tree Medical, LLC Group 2 – Intravenous Supplies Primary - Bound Tree Medical, LLC Secondary – Midwest Medical Supply Co., Inc. 224 of 350 Group 3 – Medications Primary - Bound Tree Medical, LLC Secondary – Henry Schein, Inc. Group 4 – Diagnostics and Instruments Primary - Kentron Healthcare, Inc. Secondary – Quadmed, Inc. Group 5 – Splints, Immobilization Supplies and Equipment Primary - Quadmed, Inc. Secondary – Bound Tree Medical, LLC Group 6 – Bandages and Dressing Primary - Henry Schein, Inc. Secondary – Midwest Medical Supply Co., Inc. Group 7 – Infection Control Equipment and Supplies Primary - Henry Schein, Inc. Secondary – Bound Tree Medical, LLC This bid may be renewed at the same terms, conditions, and prices for two one-year extensions subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interests of the City. FY 2012/2013 Expenditures to date - $80,716.00 FY 2011/2012 Expenditures - $93,966.00 H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES By utilizing the pricing established in this joint bid with the City of Delray Beach, the City of Boynton Beach Fire Department EMS will be provided with medical supplies and medications from the recommended vendors at the lowest, competitive prices. FI: ISCAL MPACT Funds are budgeted for these items under Fire Department account number 001-2210-522-52-66. A: LTERNATIVES These supplies are required to operate the City’s Emergency Medical Services. Staff has reviewed other procurement methods and does not have any alternatives to suggest other than to re-bid these items. 225 of 350 226 of 350 227 of 350 228 of 350 229 of 350 230 of 350 231 of 350 232 of 350 233 of 350 234 of 350 235 of 350 236 of 350 237 of 350 238 of 350 239 of 350 240 of 350 241 of 350 242 of 350 243 of 350 244 of 350 245 of 350 246 of 350 8. A CODE COMPLIANCE & LEGAL SETTLEMENTS July 2, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 2, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve or modify the Code Compliance Board's EQUESTED CTION BY ITY OMMISSION Lien Reduction Modification Order (Exhibit "A") in Case #10-43 filed 5/31/13. ER: Pursuant to Chapter 2, Article V of the City of Boynton XPLANATION OF EQUEST Beach Code of Ordinances, the applicant filed an appeal to the Board’s Lien Modification Order. The basis for the appeal is further described in the applicant’s correspondence and is included in the back up (Exhibit ”B”). th Countrywide Home Loans is the subject to the lien involving property at 228 SW 8 Ave. The applicant states in the appeal memo that the property in question is valued at $87,000.00 and the reduction of the lien to the amount of $65,634.12 is excessive. Countrywide was originally cited on 1/8/10 under the CH10 SEC.10-51.5 INC. that holds the bank responsible to register and maintain the property once the property becomes vacant or is in default. The violations on the property were to register the property with FPRC, mow lawn, trim bushes, remove trash and debris, secure structure at all openings and maintain pool in a sanitary condition. Notices were sent to Countrywide and also to the foreclosing attorney. The violations were not corrected and a lien was recorded on 6/18/10. Code Compliance was contacted in January 2013 and requested to verify compliance and perform a lien reduction inspection. The case complied and the fine ran for a total of $1,065 days at $250.00 per day plus administrative fees for a total amount of $266,884.12. 247 of 350 The lien reduction inspection revealed that the screens on the windows needed to be replaced, glass on jalousie window needed to be replaced, the wood on the shed needed to be repaired, awnings needed to be repaired and the decks and awnings needed to be pressure cleaned. In addition, an outstanding water bill in the amount of $121.93 had to be paid. Code Compliance was contacted at the end March 2013 for a re-inspection. All of the above was corrected but the Code Officer found that the sprinkler pump was now missing and needed to be replaced and the pool needed to be cleaned. At the beginning of April the property was re-inspected and met all requirements for lien reduction. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES The property is in compliance and therefore has no impact on our programs or services. FI: The primary concern is a safety and welfare, as well as compliance with ISCAL MPACT City codes. Any monies over and above the administrative fees of 634.12 will be supplemental A: Modify finding of Code Board. LTERNATIVES 248 of 350 249 of 350 250 of 350 251 of 350 252 of 350 253 of 350 13. A LEGAL July 2, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 2, 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. 13-020 - EQUESTED CTION BY ITY OMMISSION SECOND READING - PUBLIC HEARING - Approve amendments to the LDR to 1) amend the definitions to distinguish between governmental uses, and create new commercial/warehouse uses and parking regulations; 2) amend zoning matrix regarding theater, day care, manufacturer’s representative and automotive repair uses; 3) update Ocean Avenue Overlay Zone by adding uses intended for the corridor consistent with redevelopment plan; 4) create definitions and regulations for small wind energy systems; 5) amend regulations for decks, patios, steps, stoops, and terraces; and 6) amend the flood prevention regulations consistent with the State of Florida Model Ordinance. Staff-initiated ER: As explained in the accompanying staff report, this item is XPLANATION OF EQUEST comprised of 6 different topics or groups of amendments initiated for various purposes with 4 of them directly promoting development, redevelopment or economic development. The subject amendments are generally described as follows: Ocean Avenue Overlay Zone – This first group of amendments are minor changes to the existing zoning matrix and represent the continued implementation of the Downtown Vision and Master Plan which calls for mixed-use buildings lining the Avenue along with historic structures housing galleries and supportive retail. This segment of Ocean Avenue is referred to in the Master Plan as the Cultural Corridor, and is intended to connect the Cultural Campus to the downtown TOD District. The overlay was established as a zoning tool in 2010 given that this segment of Ocean Avenue consists of two different zoning districts – R-3 and 254 of 350 C-2. These amendments are a product of a joint effort by City and CRA staff, in connection with the CRA’s current efforts to identify a business venture to adaptively reuse their property at 211 E. Ocean Avenue (aka Magnusson House). Uses to be added or changes proposed include retail stores handling cosmetics and beauty items, and pets and pet supplies; professional offices and small gyms/fitness centers (limited to upper floors); and schools limited to those that teach the culinary and visual arts. Theatres in MU L1 and L2 – This is a very simple amendment to the Zoning Matrix in connection with the plan for the adaptive reuse of the Old High School building including application of the MU-L1 zoning district. The MU-L1 district is intended for the Cultural Corridor and this is a logical extension of the zoning district and consistent with the ultimate plan for private ownership of the school and removal of the property from the Public Usage district. The amendment merely adds “Theatres” as a permitted use to the MU-L1 district. As a “cleanup” action for consistency purposes, staff is proposing to also amend the matrix changing “Theatres” as a conditional use to a permitted use in the MU-L2 district. Governmental Uses – These amendments represent a continuation of the analysis of tax exempt uses that began as part of the phase 1 zoning study and which concentrated on churches, schools and social service agencies. This current task has concentrated on those uses within a governmental service category, and its principal effect is to differentiate between city services and non-city agencies and adopt regulations intended to maximize industrial and commercial land ownership to tax paying entities, while providing appropriate zoning districts for such varying governmental uses that provide necessary services to our residents and businesses. This is accomplished with added terms and definitions, and use provisions including limiting certain uses within multi- tenant buildings and to upper floors within certain commercial districts, and setting a maximum square footage standard. Manufacturer’s Rep – Prompted by the opportunity to accommodate a unique office-type use which otherwise would be limited to commercial retail zoning districts (e.g. C-2, C-3), staff proposes to establish this new use, and corresponding provisions/restrictions, to the zoning matrix. The use would be added to the C-1 district, as an office type use as long as the use would not be the location for direct sales of the subject limited product line. The initial inquiry targeted a building zoned C-1 and located in the CRA. 255 of 350 Showroom/Warehouses – This item that would establish the new use “Showroom, warehouse (single product line), is being pulled from this set of amendments for further review, particularly with the involvement of the City’s newly hired Economic Development Manager. Staff will continue work on these amendments and if ready, include them in a subsequent set of amendments. Changes to minimum setbacks for pools, spas and decks – This is another very simple amendment, initiated in response to past variances to such setbacks and current inquiries for reductions, and to recognize the opportunities to reduce minimum setbacks applicable to those properties that abut undevelopable land uses such as canals and other water bodies, roadways, common areas, golf courses or other recreation areas which would be unaffected by the location of a pool, spa, or deck on an adjacent parcel. The minimum required setback for in-ground pools (and spas) and above-ground pools is currently eight (8) feet and ten (10) feet, respectively, from side interior and rear yards. The proposed amendment would allow both types of pools to be regulated similarly (as long as the above-ground pool is no greater than 36 inches above the ground), and reduce the minimum setback to two (2) feet in those instances where the subject property abuts the above-described land uses. Small Wind Energy Systems – This proposed amendment furthers the City’s Climate Action Plan and is the next step in introducing zoning provisions for windmills. Recall that in 2010 the City adopted its first windmill regulations, being limited to the aeration of water retention ponds. The proposed amendment expands the provisions to allow them for wind generation and educational purposes. The Galaxy Elementary School Rebuild project prompted this next phase of regulations, as the new school is planned to have windmills that will contribute to its label of being the school with the highest green certification in the state. Flood Prevention Requirements – The City participates in the National Flood Insurance Program (NFIP), and therefore adopts and enforces floodplain management regulations that meet or exceed the minimum NFIP standards and requirements. These standards, from Chapter 44 of the Code of Federal Regulations (44 CFR), are intended to prevent loss of life and property, as well as economic and social hardships that result from flooding. On January 15, 2013, the State of Florida adopted a Model Floodplain Management Ordinance. As part of the City’s initiative to achieve regulatory compliance, the proposed code amendment would add language that is recommended by the Model Ordinance. The new language would add flood-related definitions as well as reformatting and clarifying the City’s procedures in the administration of the floodplain 256 of 350 regulations. It should be noted that no new processes or substantive changes are being proposed at this time; therefore, there would be no difference in how the City administrates the flood prevention provisions should the proposed ordinance be adopted. Lastly, this set also proposes two “house-keeping” (minor) amendments to the LDR, to allow minor automobile repair as accessory to C-3 (similar to C-2), and to decrease the minimum property size from one (1) acre to 0.5 acre for a daycare business in the R-2 and R-3 zoning districts (consistent with the standard applicable to the single family zoning districts). Staff has recently realized these inconsistencies in the regulations and recommends the subject amendments to maximize consistency and clarity. H? The proposed amendments will OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES further the City’s Climate Action Plan and economic development initiatives, and maintain an LDR that is user-friendly and supportive of desirable development and redevelopment. FI: Several amendments will directly promote development or ISCAL MPACT redevelopment within the City and therefore contribute to the City’s tax base. A: None recommended. LTERNATIVES 257 of 350 ORDINANCE 13-020 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING PART III, LAND DEVELOPMENT REGULATIONS WITH AMENDMENTS TO CHAPTER 1, “GENERAL ADMINISTRATION”, ARTICLE II, “DEFINITIONS”, CHAPTER 2, “LAND DEVELOPMENT PROCESS”, ARTICLE IV, “BUILDING DIVISION SERVICES”, CHAPTER 3, “ZONING”, ARTICLE IV, “USE REGULATIONS”, ARTICLE V, “SUPPLEMENTAL REGULATIONS”, CHAPTER 4, “SITE DEVELOPMENT STANDARDS”, ARTICLE V, “MINIMUM OFF-STREET PARKING REQUIREMENTS”, ARTICLE VII, “EXTERIOR LIGHTING STANDARDS”, ARTICLE X, “FLOOD PREVENTION REQUIREMENTS”; PROVIDING FOR CONFLICT, SEVERABILITY, INCLUSION; AND EFFECTIVE DATE. WHEREAS, in 2010, the City Commission approved a comprehensive update to the City’s Land Development Regulations; and WHEREAS, as part of the process, staff anticipates the periodic need for updates and amendments in connection with the establishment of new programs or processes or from information gained from the application of current regulations to past or present development proposals or concepts; and WHEREAS, staff recommends the adoption of the attached amendments to the Code of Ordinances and Land Development Regulations as it will help promote business/economic development, make the code more user-friendly, and provide the necessary updates based on lessons learned and processes established subsequent to the 2012 update of the Land Development Regulations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. That the foregoing "WHEREAS" clause is true and correct and hereby ratified and confirmed by the City Commission. Section 2. That Part III, "Land Development Regulations", of the City of Boynton Beach is hereby amended as follows: See attached Exhibit “A” 258 of 350 Section 3. All prior ordinances or resolutions or parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 4. If any section, sentence, clause, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. Section 5. It is the intention of the City Commission of the City of Boynton Beach, Florida, that the provisions of this Ordinance shall become and be made a part of the City of Boynton Beach Code of Ordinances; and that the sections of this ordinance may be renumbered or re-lettered and the word "ordinance" may be changed to "section," "article," or such other appropriate word or phrase in order to accomplish such intentions. Section 6. This Ordinance shall be effective immediately after adoption by the City Commission. 259 of 350 th FIRST READING this 18 day of June, 2013. SECOND AND FINAL READING ADOPTED 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) 260 of 350 DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 13-014 TO: Chair and Members Planning & Development Board FROM: Michael Rumpf Planning and Zoning Director May 22, 2013 DATE: RE: Approve amendments to the LDR to 1) amend the definitions to distinguish between governmental uses, and create new commercial/warehouse uses and parking regulations; 2) amend zoning matrix regarding theater, day care, manufacturer’s representative and automotive repair uses; 3) update Ocean Avenue Overlay Zone by adding uses intended for the corridor consistent with redevelopment plan; 4) create definitions and regulations for small wind energy systems; 5) amend regulations for decks, patios, steps, stoops, and terraces; and 6) amend the flood prevention regulations consistent with the State of Florida Model Ordinance. 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: 1. Furthering business and economic development initiatives; 2. Advancing 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; #4 achieving regulatory compliance; and #5 by adjusting existing regulations to achieve original or current objectives. ANALYSIS Changes to the Ocean Avenue Overlay Zone (OAOZ) 261 of 350 The Ocean Avenue Overlay Zone (OAOZ) was established within the City’s Land Development Regulations in 2010 as part of the comprehensive update and rewrite of the LDR. The OAOZ was established to implement a recommendation of, and the vision represented by the City of Boynton Beach Downtown Vision & Master Plan, as approved in 2009 by the Community Redevelopment Agency Board (CRA). The Plan labels a segment of Ocean Avenue as the “Ocean Avenue Cultural Corridor,” which is also described as connecting “the Cultural Campus to the Transit Oriented Development District”. The Plan calls for mixed-use buildings to line “the Avenue along with historic structures readapted to galleries and supportive retail”. With the Plan’s emphasis on historic preservation, human-scale architecture, infill development and a diversity of uses including galleries, retail and professional offices, the overlay was initially established to promote adaptive reuse of existing buildings and maintaining new construction that is consistent in scale with the corridor. The overlay zone was established due to the existence of varying zoning districts existing along the corridor, namely a combination of R-3, Multi-family and C-2, Neighborhood Commercial. The recent efforts by the CRA to partner with a developer as part of the Magnusson House project (aka 211 E. Ocean Avenue) prompted the close examination of the use provisions of the OAOZ against current market characteristics and known opportunities. As a result of this review of the current regulations, and to increase the marketability of the Magnuson House, the subject changes are proposed to the Zoning Matrix and corresponding Notes, as adopted within the Land Development Regulations, Chapter 3, Article IV. The proposed amendments simply 1) add a few uses not previously included in the overlay, such as retail stores with cosmetics and beauty items, and pets and pet supplies; 2) amend the matrix for consistent treatment of professional and office uses and limit such uses to upper floors; 3) allow for gyms and fitness centers within the overlay but again limited to upper floors; and 4) allow the teaching of culinary and visual arts of those educational uses that comprise the “School, Professional & Technical” use category. Theatres Allowed in MU-L1 and MU-L2 Zoning District A theater is allowed as a conditional use in the MU-L2 zoning district, and is allowed as a permitted use in the MU-L3 and MU-H zoning districts. All three districts require theaters to be integrated into mixed use buildings or developments. This code amendment is intended to add the use “Theatre” to the MU-L1 zoning district as a permitted use. Also proposed is an amendment to the MU-L2 zoning district to change the theatre use from “conditional” to a “permitted”. Theaters would be required to locate on parcels that front on arterial or collector roadways when proposed in the MU-L1, MU-L2, and MU-L3 zoning districts. This would be consistent with how indoor entertainment is regulated. Likewise, in all mixed-use urban districts, conditional use approval would be required if the theatre is designed as an outdoor facility. Adding a theater as a permitted use in MU-L1, and changing it from a conditional use to a permitted use in the MU-L2, is consistent with the City’s vision for the downtown and the surrounding areas and promotes economic development. The mixed-use urban districts are envisioned for selected geographic areas east of I-95, with a mixture of uses and increased building intensity intended to further the City's Comprehensive Plan and redevelopment plans promoting compact design, transit oriented development, and jobs and housing balance. The mix 262 of 350 of uses should work in synergy, heightening pedestrian activity and creating a sustainable and interesting urban environment. Even though theater attendance has generally been waning in recent years, theaters are vital components of such synergistic mix of uses in many successful downtowns, providing a destination and attracting people to local restaurants and shops. Flexible venues featuring all types of performing arts may be more viable as contributors to “culturally-based economic development.” “Theater” is already a permitted use in the C-3 and C-4 districts and in the C-2-zoned sections of the Ocean Avenue Overlay. A number of areas zoned C-3 and C-4 are eligible for MU-L1 and MU-L2 zoning. Finally, the request to rezone the Old High School property to MU-L1 is being processed concurrently with the subject request. As one of the uses proposed for this adaptive reuse project, performing arts would complement uses envisioned along the Cultural Corridor on Ocean Avenue by the City of Boynton Beach Downtown Vision and Master Plan. Redefining Governmental Uses As part of confronting budget issues, the City Commission last year directed staff to comprehensively examine the zoning map and Land Development Regulations against the objectives of maximizing land development value, and optimizing locations for non-profit uses. Over the past several years such tax exempt uses such as churches, schools and social service agencies have been added to most zoning districts, and acres of industrial land have been converted for non-industrial uses including residential. Staff conducted the evaluation and identified necessary changes intended to preserve industrial lands, and concentrate certain not- for-profit uses within zoning districts that include, or are in close proximity to their typical customer base. The City Commission approved staff recommendations. Not specifically addressed in this prior effort are the group of non-profit businesses falling under the “governmental” heading. Most (if not all) governmental uses enjoy tax exempt status if they own title to the property. The LDR generally recognizes three (3) such principal uses - “community facilities,” “essential services,” and “post office.” Excluding post offices, the code does not differentiate between the varying levels of governmental entities, such as municipal, county, regional, state, or federal. Likewise, the code does not differentiate between uses with moderate-to-high volumes of public interaction/customer-service traffic compared with those which serve principally a utility function, such as a warehouse, storage yard, or support operation. This ambiguity in the code can be burdensome to staff to interpret as well as ultimately contrary to the objective of maximizing development and land values. The code amendment proposes to define governmental uses in five (5) different categories with a distinction between City and non-City agencies. The reason for the distinction is that City uses should be given a higher degree of “home rule” privilege than the non-City counterparts, because the City’s elected officials can carry out the will of the people when choosing appropriate locations for City facilities (within the city limits). Also, the purpose and intent of this amendment is to accommodate more industrial and commercial businesses in order to diversify the City’s economy, which is consistent with the economic development goals. This analysis of such uses also allowed consideration of needs to prevent exclusion of necessary governmental operations that serve the local residents. 263 of 350 Manufacturer’s Representative and Showroom/Warehouses Staff has been approached by an entrepreneur desiring to operate a business in a vacant bay of an existing building located within a redevelopment area of the City. The entrepreneur wants to serve as a manufacturer’s representative in the clothing industry. The business would provide customer service in an office-type setting, primarily through pre-arranged appointments. The inventory is mainly kept off-premises, although a small showroom could be available. Business offices are allowed in the C-1 zoning district. Currently, the code does not appropriately define this unique type of business, and staff’s interpretation of the proposed business activities/operations categorizes it with principal uses which are more intensive in nature and limited to the C-4 and M-1 zoning districts. Without amending the code, the types of principal uses with which the subject business would be categorized are not allowed in the C-1 zoning district, unlike business offices. Business attraction and retention are important to the health of the City; therefore, staff is proposing to create a new principal use to address the issue. Showroom/Warehouses Staff, in an effort to increase business opportunities for larger scale retailers and assist in facilitating the leasing of some of the vacant commercial and industrial spaces within the City, is suggesting amendments to the LDR involving new definitions that separates uses that were Merchandise, New Warehousing. formerly grouped under major headings such as and Understanding that Showroom-type establishments have different operational characteristics than department stores and home improvement big box stores relative to peak customer traffic and parking needs, the proposed amendment recommends the creation of a new principal use in the Use Matrix to recognize and regulate the use differently, including provisions within the Warehouse, Showroom (limited product line) Planned Indutrial Development District. would be defined as a showroom-type establishment in which the principal use consists of a showroom for large household items such as furniture, major appliances, flooring, mattresses or the like. These establishments generally have a single product line, which differentiates them from department stores, electronics stores, home improvement stores and warehouse clubs in that they do not sell a wide range and mix of merchandise. Parking for this particular use would be one (1) parking space per each 500 square feet of gross floor area for the first 10,000 square feet and one (1) parking space for each 1,000 square feet thereafter, rather than being grouped in with typical retail uses at one (1) parking space for each 200 square feet, again based upon the lower volume of customer traffic associated with stores that sell the limited product line. Warehouse, Internet Similarly, the proposed amendment would create another principal use, Sales , which is generally a warehouse use with a limited retail component. The business is typically a warehouse type of operation, selling items over the internet and would allow limited showroom floor area and weekend auction activities. This use would be defined as a warehouse- type business for the storing, packing and shipping of merchandise primarily sold through internet sales. This business has little on-premise client/customer contact with limited showroom sales and limited on-premise auction activities (weekends only). Showroom area is not to exceed 20% of total gross floor area. Parking for this particular use would be one (1) parking space per each 500 square feet of gross floor area devoted to showroom/auction room and one (1) parking space for each 700 square feet of dedicated warehouse space, rather than one (1) parking space for each 500 square feet of warehouse space currently in the code, based upon the minimal on- premise customer contact associated with internet sales. Again, the ability of the business to hold auctions is limited to weekends when parking demand in the industrial areas decreases. 264 of 350 Changes to the Minimum Setbacks Required for Swimming Pools/Spas and Decks The LDR currently contains provisions for swimming pools (and spas) and decks/patios. The code recognizes two (2) types of swimming pools/spas - in-ground and above-ground, and each are regulated differently. Both types are allowed within side interior and rear yards, but none are permitted within front or side corner yards. The minimum required setback for in-ground pools (and spas) is eight (8) feet from side interior and rear yards. The rear setback may be reduced to five (5) feet in certain instances where the subject property abuts “undevelopable lands” (e.g., body of water; Interstate Highway; golf- course; etc.). Above-ground swimming pools (and spas) are required to be setback 10 feet from side interior and rear property lines and there are no special provisions to reduce their required setbacks. The proposed code amendment would modify how in-ground and above-ground swimming spools (and spas) are regulated. As proposed, in-ground and above-ground swimming pools and spas (36 inches in height or less) would be regulated in the same manner. The minimum required setback (from side interior and rear property lines) would remain at eight (8) feet; however, the provision to reduce the setback along qualifying rear property lines would change from five (5) feet to two (2) feet (by right). Furthermore, this setback may be reduced to zero (0) setback, but only upon the discretion of the Director of Planning and Zoning where determined to pose no impact to abutting properties. In addition, this provision for reduced setbacks would be extended to side interior property lines as well. Decks and patios are site improvements that are typically associated with swimming pools and spas. As such, the aforementioned provision to reduce the side interior and rear setbacks are applicable to them as well, if designed concurrently with a swimming pool or spa. Nothing would change with respect to above-ground pools that are taller than 36 inches in height – they would still be subject to the 10-foot setback. No change is proposed to either type regarding the prohibition of swimming pools and spas in front or side corner yards. Provisions for Small Wind Energy Systems (SWES) In creating a more sustainable community, staff recognizes great benefits in drafting land development regulations (LDR) that promote renewable energy, recycling, and conservation. Through the years and particularly after the adoption of the Climate Action Plan, staff has been systematically and proactively drafting “green” regulations, such as provisions for photovoltaic (PV) arrays, compost bins, rain barrels, community gardens, electric vehicle (EV) charging stations and windmills for aeration purposes. In 2010, the City adopted provisions for non-energy producing windmills, to be allowed within nonresidential zoning districts for the sole purpose of aerating wet detention areas. At the time, the Utilities Department wanted to install two (2) windmills (25 feet in height) at the wet detention area of Mangrove Walk Park/Downtown Stormwater Pond as part of a resolution to a water quality problem involving the Florida Department of Environmental Protection (DEP). The windmills were intended to assist in the aeration of the wet detention pond that stores water before being released into the Intracoastal Waterway. The code amendment was approved on an “interim basis” in order for staff to have time to observe, measure, and record any adverse impacts resulting from the windmills. One main concern was the potential for impacting 265 of 350 bird/wildlife. After the ordinance was adopted, staff conducted monthly inspections over the course of the following year and observed no dead birds or animals. During the public hearing process, it was understood that future code provisions could be considered once the windmills were tested and yielded little or no adverse impact, or if the benefit of having them far outweighed the costs. The windmills, along with two fountains located within the Downtown Stormwater Pond, now aerate the pond and help to maintain adequate dissolved oxygen levels to support a healthy aquatic environment for fish, turtles, plants, and other aquatic life. The Utilities Department has been pleased with the operation and effectiveness of the windmills since their installation in 2010. The current provisions in the LDR allow windmills only on non- residential sites for the sole purpose of aerating wet detention areas. This proposed amendment would expand their provision to allow for energy production and storage. Staff acknowledges that Florida’s geography does not avail it the same wind characteristics as that which is experienced in other regions of the country for optimum wind energy production; however, it is staff’s opinion that incorporating provisions for small wind energy systems (SWES) into the code will expand educational programs and energy-saving options for property owners, as well as reduce local energy costs and/or our carbon footprint. In drafting regulations for SWES, staff took into consideration the current provisions for Wireless Communication Facilities (WCF), particularly the “non-concealed freestanding structures,” given that they are the most likely of all WCFs to have the potential for negative impacts. Under the current regulations, non-concealed WCFs are allowed in the Planned Industrial Development (PID), Light Industrial (M-1), Recreation (REC), and Planned Unit Development (PUD) zoning districts. In all instances, WCFs are required to be separated from each other by 750 feet. Other restrictions may apply (e.g., maximum height, minimum setbacks, minimum acreage, etc.), depending on the location and size of the property; however, the tallest structure may be constructed up to 150 feet in height. Because SWES have moving components, staff determined that their provisions should be more restrictive, particularly with respect to maximum allowable height. Windmills are currently allowed (for aeration purposes) in commercial and mixed use districts with a maximum height of 25 feet. The proposed regulations would not change the height restriction, but would now allow windmills for energy production purposes as well as for aerating lakes and ponds. The most significant change proposed in connection with this amendment is the provision to allow SWES in industrial (i.e., PID and M-1) and “miscellaneous” (i.e., PU and REC) zoning districts with a maximum height of 75 feet. Each structure would have to meet minimum setbacks (1-foot of setback from property line for each foot of structure height). Staff understands that at least two (2) SWES may be proposed to Galaxy Elementary School in the near future. Modifications to these regulations may be warranted once more is determined on planned locations and specifications of the SWES at the rebuilt elementary school. Changes to the Flood Prevention Requirements 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. These standards are intended to prevent loss of life and property, as well as economic and social hardships that result from flooding. 266 of 350 The City of Boynton Beach participates in the NFIP and regulates structures in the floodplain in accordance with Chapter 44 of the Code of Federal Regulations (44 CFR). On January 15, 2013, the State of Florida adopted a Model Floodplain Management Ordinance. As part of the City’s initiative to achieve regulatory compliance, the proposed code amendment would add language that is recommended by the Model Ordinance. The new language would add flood-related definitions as well as reformatting and clarifying the City’s procedures in the administration of the floodplain regulations. It should be noted that no new processes or substantive changes are being proposed at this time; therefore, there would be no difference in how the City administrates the flood prevention provisions should the proposed ordinance be adopted. CONCLUSION / RECOMENDATION Staff is recommending approval of the proposed code amendments. Overall, these amendments encourage/promote business/economic development; and simplify regulations thereby making the code more user-friendly. S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 13-002 Interim Amendments II\CDRV 13-002 Staff Report(rev).doc 267 of 350 268 of 350 269 of 350 270 of 350 271 of 350 272 of 350 273 of 350 274 of 350 275 of 350 276 of 350 277 of 350 278 of 350 279 of 350 280 of 350 281 of 350 282 of 350 283 of 350 284 of 350 285 of 350 286 of 350 287 of 350 288 of 350 289 of 350 290 of 350 291 of 350 292 of 350 293 of 350 294 of 350 295 of 350 296 of 350 297 of 350 298 of 350 299 of 350 300 of 350 301 of 350 302 of 350 303 of 350 304 of 350 305 of 350 306 of 350 307 of 350 308 of 350 309 of 350 310 of 350 311 of 350 312 of 350 313 of 350 314 of 350 315 of 350 316 of 350 13. B LEGAL July 2, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 2, 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. 13-021 - EQUESTED CTION BY ITY OMMISSION SECOND READING - PUBLIC HEARING - Approve Section, 10-32: Disaster-Generated Debris Removal Management Plan; Authority, Priorities and Limitations. ER: The Federal Emergency Management Agency (FEMA) uses XPLANATION OF EQUEST a criteria policy to evaluate the eligibility of debris removal work from private property under the Public Assistance Program. Sections 403(a)(3)(A) and 407 of the Stafford Act, 42 U.S.C. 5170b and 5173, respectively, provide FEMA authority to fund debris removal from private property provided that the State or local government arranges an unconditional authorization for removal of the debris, and agrees to indemnify the Federal government against any claim arising from the removal. The regulations implementing Sections 403 and 407 of the Stafford Act at 44 CFR 206.224 establish the requirement that debris removal be in the “public interest” in order to be eligible for reimbursement. “Public interest” is defined as being necessary to: 1. eliminate immediate threats to life, public health, and safety; or 2. eliminate immediate threats of significant damage to improved public or private property; or 3. ensure economic recovery of the affected community to the benefit of the community-at-large Generally, debris removal from private property following a disaster is the responsibility of the property owner. However, large-scale disasters may deposit enormous quantities of debris on private property over a large area resulting in widespread immediate 317 of 350 threats to the public-at-large. In these cases, the State or local government may need to enter private property to remove debris to: eliminate immediate threats to life, public health, and safety; eliminate immediate threats of significant damage to improved property; or ensure economic recovery of the affected community to the benefit of the community-at-large. In these situations, debris removal from private property may be considered to be in the public interest and thus may be eligible for reimbursement under the Public Assistance Program (44 CFR 206.224). In order to be eligible for FEMA reimbursement for debris removal from private property the applicant (City) requesting assistance must demonstrate the legal basis as established by law, ordinance, or code upon which it exercised or intends to exercise its responsibility following a major disaster to remove disaster-related debris from private property. H? This Ordinance is necessary to be OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES in place for reimbursement purposes by establishing a legal basis for debris removal from private property prior to and post disaster, using the criteria that FEMA uses to evaluate the eligibility of debris removal work from private property. FI: If the Ordinance is not in place this would affect reimbursement for ISCAL MPACT collecting debris from private property which could result in possibly millions of dollars the City would be responsible to pay. A: Not to pass the attached Ordinance and risk not receiving LTERNATIVES reimbursement from FEMA. 318 of 350 ORDINANCE NO. 13-021 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER 10, ENTITLED “GARBAGE TRASH AND OFFENSIVE CONDITIONS”, ARTICLE II, “REFUSE, GARBAGE AND TRASH”, BY CREATING A NEW SECTION 10-32, “DISASTER-GENERATED DEBRIS REMOVAL MANAGEMENT PLAN; AUTHORITY, PRIORITIES AND LIMITATIONS”; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, debris removal from private property following a disaster is the responsibility of the property owner, however, large-scale disasters may deposit enormous quantities of debris on private property over a large area resulting in widespread immediate threats to the public-at-large; and WHEREAS, in these cases, the State or local government may need to enter private property to remove debris to: eliminate immediate threats to life, public health, and safety; eliminate immediate threats of significant damage to improved property; or ensure economic recovery of the affected community to the benefit of the community-at-large; 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, in order to be eligible for FEMA reimbursement for debris removal from private property the City must demonstrate the legal basis as established by law, ordinance, or code upon which it exercised or intends to exercise its responsibility following a major disaster to remove disaster-related debris from private property; 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 Chapter 10, Article II, to create a new Section 10-32 entitled, “Disaster-generated debris removal management plan; authority, priorities and limitations. 319 of 350 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 10, entitled “Garbage Trash and Offensive Conditions”, Article II, “Refuse, Garbage and Trash”, is hereby amended to create a new section as follows: Sec. 10-32 Disaster-generated debris removal management plan; authority, priorities and limitations. The City Manager, or designee, shall have the authority, to remove disaster-generated debris located within The City of Boynton Beach on city-owned property, county/state-owned roads, and private roads after the declaration of any state of emergency pursuant to this article. The removal of such disaster-generated debris is authorized only after a major disaster or a catastrophic disaster and upon the determination by the City Manager, or designee, that such removal is reasonable necessary to (i) eliminate immediate threats to life, public health, and safety; (ii) eliminate immediate threats of significant damage to city property or facilities; or (iii) ensure economic recovery of the affected community to the benefit of the community-at-large. 1. An immediate threat to life, public health, and safety shall be deemed to exist if any one of the following conditions is satisfied: -There is a significant likelihood that rescue vehicles will be significantly hindered from rendering emergency services if the disaster-generated debris is allowed to remain in place; -The type of disaster-generated debris is such that it may reasonably cause disease, illness, or sickness which could injure or adversely affect the health, safety, or general welfare of those residing and working in the area if it is allowed to remain; -The removal of the disaster-generated debris is necessary to effectuate orderly and expeditious restoration of City-wide utility services including, but not limited to, power, water, sewer, telephone and solid waste collection; -The disaster-generated debris is determined by the City of Boynton Beach Building Formatted: Justified Official or Public Health Official to be dangerous or hazardous: -The disaster-generated debris prevents garbage collection, thereby creating a public health and safety hazard; -The disaster-generated debris contains contaminants which have a reasonable likelihood of leeching into the soil and/or aquifer of the City; -The disaster-generated debris has a substantial negative impact upon public health and safety by preventing or adversely affecting emergency repairs to buildings and/or property; -The disaster-generated debris presents a reasonable danger of being transported by wind and/or water to neighboring properties, thereby increasing the cost of recovery and removal; 320 of 350 Formatted: Justified, Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Tab after: 0.75" + Indent at: 0.75" Formatted: Justified -The disaster-generated debris is significantly likely to produce mold or may otherwise cause disease, illness, or sickness which could injure or adversely affect the health, safety, or general welfare of the public. -The presence of the disaster-generated debris significantly adversely impacts the City’s recovery efforts; -The disaster-generated debris significantly interferes with drainage or water runoff, so as to be a significant hazard in the event of significant rainfall; -The sheer volume of the disaster-generated debris is such that it is impractical and unreasonable to remove in an orderly and efficient manner absent action by the City; or -The type, extent and nature of the disaster-generated debris is such that it would cause much greater damage if not removed immediately. 2. An immediate threat of significant damage to City property or facilities shall be deemed to exist if the cost to remove the disaster-generated debris is less than the cost of potential damage to the City property or facility, thereby being a cost effective removal. 3. In removing disaster-generated debris from county-owned or state owned property and rights-of-way, the highest priority shall initially be given to responding to immediate threats to life, public health, and safety; eliminating immediate threat of significant damage to county and state property or facilities; and pushing or removing disaster- generated debris from county/state rights-of-way to permit safe passage. 4. The removal of disaster-generated debris shall begin as soon as functionally feasible after the occurrence of a major disaster or catastrophic disaster. The primary operation of the city work forces will be to cut and toss disaster-generated debris depositing it along county or state rights-of-way, thereby creating access to the major arterial roadways to allow for expedited search and rescue efforts as well as recovery efforts. Upon completion of the cut and toss operation, city work forces will begin the removal of other disaster-generated debris. The owners of private property, or those individuals otherwise in possession of private property, adjoining county/state rights-of-way may place Formatted: Justified disaster-generated debris in the county and or state right-of-way. The community-at- large will be notified via press releases, City web-page, local media of the initial start date for removal of disaster-generated debris by city work forces and will subsequently be notified prior to the last removal pass by city work forces. After the last such removal pass, city residents will be responsible for the removal of any remaining disaster- generated debris in compliance with pre-disaster collection requirements whether they be self-provided, provided through a private contractor, or provided through regular waste disposable services. 5. The city shall, subject to the restrictions and requirements of F.S. 768.28, indemnify and hold the Federal Government, its agencies and employees, harmless from any claims arising from or based upon the exercise or performance of, or the failure to exercise or Formatted: Justified, Numbered + Level: 1 + perform, a discretionary function or duty on the part of any Federal agency or any employee of the Federal Government in carrying out the provisions of the Robert T. Numbering Style: 1, 2, 3, … + Start at: 3 + Stafford Disaster Relief and Emergency Assistance Act (Stafford Act). Alignment: Left + Aligned at: 0.25" + Tab after: 0.5" + Indent at: 0.5" 321 of 350 Formatted: Justified Formatted: Justified Formatted: Justified 6. The owners of private property, or those individuals otherwise in possession of private property, shall be responsible for assuring that the placement of any disaster-generated debris in city/county/state rights-of-way or on private roads for removal by City work forces satisfies the following conditions: a. The disaster-generated debris shall be neatly stacked, piled, or placed with its leading edge lying within the three-foot roadside shoulder area on either side of the travel lanes of the road. b. The disaster-generated debris shall be separated into stacks or piles of the following types of debris as defined in this article: 1. Putrescent debris and mixed common household items. 2. Vegetative debris. 3. Construction and demolition debris. 4. White goods. 5. Hazardous household waste and electronic waste. c. The disaster-generated debris shall be placed so that it is not under any power lines, not on top of any water meters, or not within three feet of any power poles, fire hydrants, vehicles, mailboxes, or fences. 7. Any damage to personal property by City work forces resulting from the placement of disaster-generated debris in a manner inconsistent with this section shall be the responsibility of the private property owner, or individual otherwise in possession of private property, who misplaced such debris. 8. Any owners of private property, or any individuals otherwise in possession of private property, who stack, pile, or otherwise place anything for removal on city/county/state Formatted: Justified, Numbered + Level: 3 + rights-of-way or on private roads which is deemed not to be disaster-generated debris, Numbering Style: 1, 2, 3, … + Start at: 1 + shall be responsible for removing such unauthorized debris no later than 24-hours after notification of such removal requirement by a member of the city work forces. Any such Alignment: Left + Aligned at: 1.63" + Tab owner or other individual who fails to timely comply with such removal requirement shall thereafter be responsible for any costs associated with the removal of such after: 2.13" + Indent at: 2.13" unauthorized debris by city work forces. 9. Removal of hazardous trees or hazardous limbs. The removal of disaster-generated debris consisting of either hazardous trees or hazardous limbs overhanging or otherwise endangering a private road shall be deemed to be the responsibility of the adjacent private property owners and, as such, the city work forces shall not be authorized to remove or to otherwise act upon such disaster-generated debris unless it is necessary to eliminate an Formatted: Justified, Numbered + Level: 2 + immediate threat to the safety of city work forces. Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 1" + Tab after: 1.5" + Indent at: 1.5" Section 3. Each and every other provision of Chapter 10, not herein specifically amended shall remain in full force and effect as previously enacted. Section 4. All ordinances or parts of ordinances in conflict herewith be and the same Formatted: Justified, Indent: Left: 0.25", 322 of 350 Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 7 + Alignment: Left + Aligned at: 0.63" + Tab after: 0.88" + Indent at: 0.88" Formatted: Indent: Left: 0.25", Line spacing: single, Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 7 + Alignment: Left + Aligned at: 0.63" + Tab after: 0.88" + Indent at: 0.88", Widow/Orphan control, Tab stops: 0.5", List tab Formatted: List Paragraph, Left, No bullets or numbering, Tab stops: Not at 0.5" Formatted: Indent: Left: 0.25", Line spacing: single, Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 7 + Alignment: Left + Aligned at: 0.63" + Tab after: 0.88" + Indent at: 0.88", Widow/Orphan control, Tab stops: 0.5", List tab Formatted: Not Strikethrough are hereby repealed. Section 5. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 6. Authority is hereby granted to codify said ordinance. Section 7. This ordinance shall become effective immediately upon its passage and adoption. th FIRST READING this 18 day of June, 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) 323 of 350 13. C LEGAL July 2, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 2, 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. 13-022 - EQUESTED CTION BY ITY OMMISSION SECOND READING - PUBLIC HEARING - Amend Code of Ordinances, Chapter 13, Licenses, Section 13-4, Classification and Fee Schedule to provide for a five percent (5%) increase in Business Tax fees ER: The City’s Business Tax Receipts fees were last modified XPLANATION OF EQUEST on June 20, 2006, by Ordinance 06-049. Pursuant to Florida State Statute, 205.0535, the governing body of a municipality may increase by ordinance the rates of local business tax receipts by up to five percent (5%) every other year. Past increases were proposed by staff in 2008, and 2009, and by the Financial Advisory Committee in 2010, 2011, and 2012, but were denied by the Commission due to the state of the economy. As economic recovery continues to appear strong, staff is again recommending Business Tax Receipt fees be increased as allowed by State Statute. H? An increase in revenues OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES contributes toward general fund balance, and a portion of the fees could be returned to the business community through economic development incentives to spur retention, growth and new business. Should this request be approved, the typical annual increase in an individual business tax fee would range between $4 to $15. A few examples of this increase per selected business type are as follows: veterinarian, $9.82; landscaper, $4.39; AC or roofing contractor, $12.23; manufacturing, $14.70 (for 324 of 350 an operation having between 6 and 10 employees); restaurant, 17 cents/seat and $3.58 st minimum; bar, $24.47; retail store, 1 $5,000 in value - $4.88 (for every $1,000 increment – 26 cents); apartment building, 18 cents/room; nail salons and barber shops, st $3.68 / 1 table/chair and $1.00 / each additional table/chair; and physician, dentist, engineer, architect, accountant, etc., $9.82. FI: FY 13/14 projected Business Tax Receipts revenues are estimated at ISCAL MPACT $1,300,000. A five percent (5%) increase in Business Tax Receipts would result in an estimated $65,000 in additional revenue to the General Fund. A: Do not increase Business Tax Receipts LTERNATIVES 325 of 350 ORDINANCE NO. 13-022 Formatted: Font: Bold AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 13 OF THE CODE OF ORDINANCES, SECTION 13-4, “CLASSIFICATION AND FEE SCHEDULE” TO PROVIDE FOR A FIVE PERCENT (5%) INCREASE IN BUSINESS TAX FEES; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City’s Business Tax Receipt fees were last modified on June 20, 2006 via Ordinance 06-049; and WHEREAS, the City Commission for the City of Boynton Beach desires to increase the business tax receipt fees for all business operating within the City of Boynton Beach; and WHEREAS, pursuant to Section 205.0535(4), Florida Statutes, the City Commission is authorized to increase the business tax receipt fees up to 5% every other year; and WHEREAS, the City Commission finds it is in the best interest of the health, safety, and welfare of the public to increase the business tax receipt fees for businesses in the City of Boynton Beach. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, THAT: Section 1. The foregoing "Whereas" clauses are true and correct and incorporated herein by this reference. Section 2. That Chapter 13, "Licenses," Article I, "Business Tax Receipt," Section 13-4, entitled “Classification and fee schedule” of the City of Boynton Beach Code of Ordinances, be, and the same is hereby amended in its entirety to read as follows: Sec. 13-4 Classification and fee schedule. See Exhibit “A” attached hereto Section 3. Each and every other provision of Chapter 13, of the Code of Ordinances of the City of Boynton Beach not herein specifically amended shall remain in full force and effect as previously enacted. 326 of 350 Section 4. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed, provided that no portion of the City of Boynton Beach Noise Control Ordinance shall be repealed. Section 5. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 6. Authority is hereby granted to codify said ordinance. Section 7. This ordinance shall become effective immediately upon passage. th FIRST READING this 18 day of June, 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) 327 of 350 Sec. 13-4 Classification and fee schedule. The City Commission establishes classifications for businesses or groups of business and Business Tax Receipt taxes therefor as set forth below. (Ord. No. 94-15, Appendix A, 6-21-94; Ord. No. 95-22, § 2, 7-5-95; Ord. No. 06-096, § 2, 1-2- 07; Ord. No. 12-012, § 2, 7-3-12) Business Tax Receipt Tax Rate Structure Standard Industrial Classification Businesses, Professions, Occupations (* - See note, end of schedule; NEC - See note, end of schedule) The businesses, professions and occupations subject to the provisions of Chapter 13, the Business Tax Receipt taxes imposed and levied, the Standard Industrial Classifications assigned, and other requirements pertaining thereto are as follows: SIC Description Fee 0742 Veterinarian* 206.17 0752 Animal Specialty Service 92.61 0781 Landscape Architect* 206.17 0782 Lawn & Garden Service 154.35 0783 Tree Trimming 154.35 1520 Contractor - Residential 256.88 1530 Contractor - Building 256.88 1540 Contractor - General 256.88 1611 Contractor - Paving 256.88 1620 Contractor - Heavy Construction 256.88 1623 Contractor - TV Antenna & Tower 256.88 1624 Contractor - Underground Utilities (Ref. 1623) 256.88 1625 Contractor - Concrete (Ref. 1771) 256.88 1626 Contractor - Marine (Ref. 1629) 256.88 1629 Contractor - Tennis Court 256.88 1700 Miscellaneous Specialty 92.61 1701 Asphalt Sealing & Coating (Ref. 1799) 92.61 1702 Landscaping (Ref. 0782) 92.61 1703 Lathing (Ref. 1742) 92.61 328 of 350 1704 Residential Gutter & Downspout Installation (Ref. 1761) 92.61 1705 Striping (Ref. 1721) 92.61 1706 Vinyl Clad Metal Shelving (Ref. 1799) 92.61 1707 Mirror/Shower Door Installation (Ref. 1799) 92.61 1710 Contractor - Irrigation Sprinkler (Ref. 1711) 256.88 1711 Contractor - Plumbing 256.88 1712 Contractor - Air Conditioning (Ref. 1711) 256.88 1713 Contractor - Mechanical (Ref. 1711) 256.88 1714 Contractor - Fire Sprinkler (Ref. 1711) 256.88 1715 Contractor - Refrigeration (Ref. 1711) 256.88 1716 Contractor - Room Air Conditioning (Ref. 1711) 256.88 1717 Contractor - Septic Tank (Ref. 1711). 256.88 1718 Contractor - Solar Water Heating (Ref. 1711) 256.88 1721 Contractor - Painting 256.88 1731 Contractor - Electrical 256.88 1732 Contractor - Communication & Sound (Ref. 1731) 256.88 1733 Contractor - Burglar & Fire Alarm (Ref. 1731) 256.88 1734 Contractor - Sign - Electrical (Ref. 1731) 256.88 1741 Contractor - Masonry 256.88 1742 Contractor - Plastering 256.88 1743 Contractor - Tile, Terrazzo, & Marble 256.88 1744 Contractor - Drywall (Ref. 1742) 256.88 1745 Contractor - Insulation (Ref. 1742) 256.88 1746 Contractor - Acoustical Tile (Ref. 1742) 256.88 1750 Contractor - Window (Ref. 1751) 256.88 1751 Carpentry & Cabinet Installation 92.61 1752 Contractor - Flooring, NEC 92.61 1753 Contractor - Door (Ref. 1751) 256.88 1754 Contractor - Garage Door (Ref. 1751) 256.88 1761 Contractor - Roofing 256.88 1762 Contractor - Roof Deck (Ref. 1761) 256.88 1763 Contractor - Sheet Metal (Ref. 1761) 256.88 1772 Contractor - Gunite (Ref. 1771) 256.88 1781 Contractor - Well Driller 256.88 329 of 350 1791 Contractor - Reinforcing, Iron & Steel 256.88 1793 Contractor - Glass & Glazing 256.88 1794 Excavation/Grading 92.61 1795 Contractor - Demolition 256.88 1796 Contractor - Elevator 256.88 1797 Contractor - Sign - Nonelectrical (Ref. 1799) 256.88 1799 Contractor - Miscellaneous Special Trade 256.88 1800 Contractor - Aluminum Specialty (Ref. 1799) 256.88 1801 Contractor - Awnings (Ref. 1799) 256.88 1802 Contractor - Boilers and Pressure Piping (Ref. 1799) 256.88 1803 Contractor - Fence Erection (Ref. 1799) 256.88 1804 Contractor - Liquified Petroleum Gas (Ref. 1799) 256.88 1805 Contractor - Ornamental Iron (Ref. 1799) 256.88 1806 Contractor - Pollutant Storage Systems (Ref. 1799) 256.88 1807 Contractor - Pool/Spa (Ref. 1799) 256.88 1808 Contractor - Pool/Spa Service (Ref. 1799) 256.88 1809 Miscellaneous Contractor (Ref. 1799) 256.88 2024 Manufacturer - Frozen Desserts Number of workers fee schedule: Not exceeding 2 persons 113.56 Not exceeding 4 persons 190.73 Not exceeding 6 persons 256.88 More than 6, not exceeding 10 persons 308.70 More than 10, not exceeding 20 persons 385.88 More than 20 persons 578.81 2099 Manufacturer - Food Preparation See 2024 2299 Manufacturer - Textile Goods See 2024 2389 Manufacturer - Apparel and Accessories See 2024 2392 Manufacturer - Slipcovers 92.61 2396 Manufacturer - Fabricated Trimmings See 2024 2399 Manufacturer - Fabricated Textile Products See 2024 2431 Manufacturer - Millwork See 2024 2434 Manufacturer - Cabinetry See 2024 2439 Manufacturer - Structural Members See 2024 330 of 350 2511 Manufacturer - Wood Furniture See 2024 2512 Manufactured - Wood Furniture, Upholstered See 2024 2515 Manufacturer - Mattresses See 2024 2591 Manufacturer - Window Coverings See 2024 2671 Manufacturer - Plastic Packaging See 2024 2711 Manufacturer - Newspaper Publishing/Printing See 2024 2759 Manufacturer - Commercial Printing See 2024 2834 Manufacturer - Pharmaceutical Preparations See 2024 2842 Manufacturer - Cleaning Preparations See 2024 2844 Manufacturer - Cosmetic Preparations See 2024 2899 Manufacturer - Chemical Preparations See 2024 3083 Manufacturer - Plastic Sheets/Rods See 2024 3089 Manufacturer - Plastic Products, NEC See 2024 3231 Manufacturer - Glass Products See 2024 3271 Manufacturer - Concrete Block/Brick See 2024 3272 Manufacturer - Concrete Products See 2024 3281 Manufacturer - Stone Products See 2024 3354 Manufacturer - Aluminum Extruded Products See 2024 3442 Manufacturer - Metal Products See 2024 3446 Manufacturer - Ornamental Metal Products See 2024 3479 Manufacturer - Coating Application See 2024 3499 Manufacturer - Fabricated Metal Accessories See 2024 3542 Manufacturer - Machinery/Equipment See 2024 3559 Manufacturer - Special Industry Machinery See 2024 3569 Manufacturer - General Industrial Machinery See 2024 3571 Manufacturer - Computers See 2024 3599 Manufacturer - Machine Shop See 2024 3629 Manufacturer - Electrical Industrial Products See 2024 3663 Manufacturer - Communications Equipment See 2024 3679 Manufacturer - Electronic Components See 2024 3728 Manufacturer - Aircraft Parts See 2024 3861 Manufacturer - Photographic Equipment Processing See 2024 3911 Manufacturer - Jewelry See 2024 3942 Manufacturer - Dolls See 2024 331 of 350 3949 Manufacturer - Sporting Goods See 2024 3993 Manufacturer - Advertising Specialties See 2024 3999 Manufacturer - Miscellaneous, NEC See 2024 4013 Railroad Company 206.17 4118 Ambulance Service (Ref. 4119) 102.53 plus 35.28 per vehicle 4119 Transportation Service, NEC 102.53 plus 35.28 per vehicle 4121 Taxi/Limousine Service 102.53 plus 35.28 per vehicle 4131 Bus Service 102.53 plus 35.28 per vehicle 4173 Bus Service/Depot 102.53 4210 Trucking Service 77.18 per vehicle 4222 Cold Storage, per square foot Warehouse, per square footage fee schedule: 5,000 square feet or fraction thereof 231.53 Each additional 5,000 square feet 22.50 4225 Warehouse - Storage, per square foot See 4222 4493 Marina 92.61 4498 Marine Detailing (Ref. 4499) 92.61 4522 Air Transportation, Nonscheduled 92.61 4724 Travel Bureau* 154.35 4725 Tour Operator 92.61 4731 Freight Forwarding Service 154.35 4780 Packing & Crating 154.35 4783 Express Company 308.70 4813 Telephone Communications 308.70 4822 Telegraph & Other Communications 92.61 4841 Television Services 154.35 4899 Communication Services, NEC 92.61 4924 Natural Gas Distribution 308.70 4925 Liquified Petroleum Gas Distribution 308.70 5099 Merchant - Wholesale, per inventory Wholesale, per inventory fee schedule: Not exceeding $5,000 256.88 More than $5,000, not exceeding $25,000 359.42 More than $25,000, not exceeding $100,000 513.77 332 of 350 More than $100,000, not exceeding $500,000 771.75 More than $500,000 925.00 5197 Advertising Specialties Sales (Ref. 5199) 92.61 5211 Lumber Company, per inventory See 5399 5261 Nursery: Trees/Plants, per inventory See 5399 5399 Merchant - Retail, per inventory Retail, per inventory fee schedule: Not exceeding $5,000 102.53 More than $5,000, for each additional $1,000 or fraction 5.41 thereof 5411 Grocery, per inventory See 5399 5421 Market - Meat/Fish/Poultry, per inventory See 5399 5461 Bakery 154.35 5511 Automobile Dealer* 206.17 5531 Auto Parts, per inventory See 5399 5541 Gas Station 154.35 5699 Dressmaking Shop 61.74 5719 Blinds, Shades, Drapery 154.35 5810 Ice Cream Parlor 61.74 5811 Caterer 154.35 5812 Restaurant 3.58 per seat, 102.53 minimum 5813 Drinking Places 513.77 5912 Pharmacy, per inventory See 5399 5930 Antique Shop 154.35 Antique stores and auction houses, selling only objects of value such as quality restored antiques, art objects, jewelry, and the like, but not used merchandise generally. 5932 Used Merchandise Stores 154.35 5933 Pawnbroker 689.06 5944 Jewelry Shop, per inventory See 5399 5945 Handicraft Shop, per inventory See 5399 5961 Mail Order/Catalog 92.61 5962 Vending Machine - Coin-Operated (a) Amusement Vending Machines: Each operator 206.73 In addition, for each machine 27.56 333 of 350 (b) Service Vending Machines: Each operator 68.91 In addition, for each machine 27.56 (c) Merchandise Vending Machines: Each operator 68.91 In addition, for each machine as follows: Requiring deposit under .35 27.56 Requiring deposit over .35 41.35 (Coin-operated Auto Wash and Laundry Machines are addressed separately, under SIC 7543 and SIC 7215, respectively.) The following coin-operated machines are exempt from Business Tax Receipt requirements: Cigarette vending machines (F.S. 210.03) Federal postage stamp machines, Parcel checking lockers, and Toilets (F.S. 205.63) Unadulterated Florida-produced citrus juice vending machines (F.S. 205.632) Furthermore, no Business Tax Receipt shall be required for coin-operated machines where the vending machines are owned and operated by charitable or benevolent nonprofit organizations and where the entire proceeds of such machines are used solely for recognized charitable or benevolent purposes. No Business Tax Receipt shall be required for the operation of any machines where such machines are owned by a person who is otherwise issued a Certificate of Use by the city, and such machines are located and operated at the owner's regular place of business. 5963 Vending - Mobile 92.61 5964 Ice Cream Truck (Ref. 5963) 102.53 plus 35.28 per vehicle 5965 Lunch Wagon (Ref. 5963) 102.53 plus 35.28 per vehicle 5992 Florist, per inventory See 5399 5995 Optician* 206.17 5998 Auction Company (Ref. 5999) 1,515.94 6020 Bank - Commercial 385.88 6030 Bank - Savings 385.88 6098 Check Cashing Agency 308.70 6099 Financial Services, NEC 308.70 6141 Investment & Trading 308.70 6162 Mortgage Company* 308.70 334 of 350 6163 Mortgage Broker* 154.35 6211 Broker - Securities* 308.70 6282 Investment Advice 92.61 6410 Insurance Agent 51.82 6411 Insurance Company 92.61 6412 Medical Claims Processing Service (Ref. 6411) 92.61 6513 Apartment Building 3.86 per room, 35.28 minimum 6514 Rental property four (4) units or less, including single 3.86 per room 35.28 minimum Licensing Procedure: family residential rentals Business Tax Receipts Procedure: Every rental unit used for residential living purposes in the city must have a Certificate of Use and unless otherwise exempt, must be issued a Business Tax Receipt. This includes rental property four units or less, including single family residential rentals, condominiums, and mobile homes. st Business Tax Receipts are issued for a period of twelve months, from October 1 to the th following September 30. They must be renewed annually. To avoid renewal late fees, rental stth Business Tax Receipt fees are payable by October 1. After January 30, late renewals require a Code Compliance (interior and exterior) inspection of the property. Whenever a rental property is sold or otherwise changes ownership, the new owner must do the following: (1) Apply for a new Certificate of use and rental Business Tax Receipt; (2) Schedule an inspection of the rental with the Code Compliance Division. If the inspection process should reveal Zoning, Building, Housing or Fire Code violations, they must be corrected and a re- inspection made by the appropriate department. The owner is given adequate time to correct any violations. All violations must be corrected before occupancy will be approved. Any property that has been found in violation by a code compliance board of the city shall be required to be inspected after six (6) months from the date of the hearing, and again at twelve (12) months after the date of the hearing in which the property was found to be in violation. The owner of a property that has been found to be in violation by a code compliance board of the city shall be required to pay an inspection fee of seventy-five dollars ($75.00) for each of the inspections required. The required inspection fees shall be included as part of the administrative costs assessed by the city and shall be included in any liens filed by the city. NOTE: Fees may change from time to time by Ordinance of the City Commission. The application for Certificate of Use and information forms for rental Business Tax Receipts are available on line at the city's website and at the Development Services Division of City Hall, 100 335 of 350 East Boynton Beach Boulevard. It should be noted that post office boxes are not acceptable addresses for mailing purposes, and actual street addresses are required on the application. Designation of resident agent: No Certificate of Use and Business Tax Receipt shall be issued by the city for a rental dwelling located on a rental premises unless the applicant therefor designates in writing to the city the name, address, and local telephone number of the owner or resident agent to receive service of notice of violation of this Code. The owner may designate as his or her resident agent any natural person eighteen (18) years of age or older who is customarily present at a business location within the city for the purposes of transacting business, or who actually resides within the city. An owner may change his or her designation of a resident by notifying the city in writing of the name, address, and local telephone number of the person designated by the owner to replace the previous resident agent. Any notice of violation or legal process which has been delivered or served upon the previous resident agent prior to the receipt of the city of notice of change of the resident agent shall be deemed effective service. It shall be the sole responsibility of the owner to appoint a reliable resident agent and to inform the resident agent of his correct mailing address. Failure to do so shall be no defense to a violation of this Code. No owner shall designate as a resident agent any person who does not expressly comply with the provisions of this section. The owner or the resident agent shall be deemed to be the “violator” as the term is used in F. S. § 162.06(2). Service of notice of the resident agent shall be deemed service of notice of the owner, tenant and violator. 6530 Property Management* 92.61 6531 Real Estate Broker* 92.61 6541 Title Abstract Office 308.70 6552 Subdividers & Developers, NEC 154.35 7011 Hotels & Motels 3.86 room, 35.28 minimum 7033 Trailer Parks & Campsites 102.53 plus 3.58 per lot or site 7212 Laundry/Dryclean - Drop Only 102.53 7214 Carpet Cleaning, Mobile (Ref. 7217) 92.61 7215 Laundry Machines, Coin-Operated 68.91 plus 1.38 per machine 7216 Dry Cleaning Establishments 206.17 7217 Carpet/Upholstery Cleaning, Commercial 206.17 7219 Laundry & Garment Services, NEC 61.74 7221 Photography 154.35 7230 Beauty school 206.17 7231 Beauty Parlor, Etc.* One chair 77.18 336 of 350 Each additional chair or manicurist 20.95 7232 Nail Salon* (Ref. 7231) One manicurist table 77.18 Each additional manicurist 20.95 7241 Barber Shops* One chair 77.18 Each additional chair 20.95 7251 Shoe Repair & Shoe Shine Parlor 61.74 7261 Funeral Director* 206.17 7290 Debt Counseling Service (Ref. 7299) 92.61 7291 Income Tax Service 154.35 7292 Valet Parking (Ref. 7299) 92.61 7293 Tanning Salon (Ref. 7299) 92.61 7294 Weight Loss Center (Ref. 7299) 92.61 7295 Family - Home Child Care (Ref. 7299) 92.61 7296 Dating Service (Ref. 7299) 92.61 7297 Electrolysis* (Ref. 7299) 92.61 7298 Massage Therapist* 102.53 7299 Miscellaneous Personal Services, NEC 92.61 7311 Publication Service, NEC 154.35 7319 Advertising 256.88 7322 Collection Agency* 154.35 7323 Credit Association 154.35 7334 Photocopying/Duplicating Service 92.61 7336 Commercial Art/Graphic Design 92.61 7337 Typing Service 92.61 7338 Secretarial Services 154.35 7342 Exterminator 154.35 7348 Miscellaneous Commercial Services, NEC 92.61 7349 Janitorial Service 154.35 7359 Rental Service 154.35 7361 Employment Agency 92.61 7362 Nursing Registry 92.61 7370 Data Processing Service 92.61 337 of 350 7371 Computer Programming Service 154.35 7376 Computer Services 92.61 7378 Computer Maintenance & Repair 92.61 7379 Computer Related Services 92.61 7380 Private Detective* 92.61 7381 Security Service* 92.61 7384 Photofinishing Laboratories 154.35 7385 Books, Periodicals, News Bureaus (Ref. 7389) 92.61 7386 Auto Broker (Ref. 7389) 154.35 7387 Messenger Service (Ref. 7389) 61.74 7388 Appraiser* (Ref. 7389) 206.17 7389 Business Services, NEC 92.61 7390 Handyman (No new licenses only renewals) 154.35 7391 Interior Designer* (Ref. 7389) 206.17 7392 Manufacturer's Representative (Ref. 7389) 154.35 7393 Telemarketing/Soliciting* (Ref. 7389) 154.35 7394 Auctioneer* (Ref. 7389) 256.88 7395 Interior Decorator (Ref. 7389) 154.35 7396 Agent or Agency (Ref. 7389) 92.61 7397 Answering Service (Ref. 7389) 92.61 7398 Arts & Crafts - Handmade (Ref. 7389) 92.61 7399 Asbestos Consultant (Ref. 7389) 92.61 7400 Boat Broker (Ref. 7389) 92.61 7401 Draftsman (Ref. 7389) 92.61 7402 Executive Office (Ref. 7389) 92.61 7403 Furniture Installation (Ref. 7389) 92.61 7404 Home Demonstrator (Ref. 7389) 92.61 7405 Import-Export (Ref. 7389) 92.61 7406 Interpretation & Translation (Ref. 7389) 92.61 7407 Mail Depot (Ref. 7389) 92.61 7408 Music Recording Studio (Ref. 7389) 92.61 7409 Paralegal (Ref. 7389) 92.61 7410 Pool Cleaning - NO chemicals (Ref. 7389) 92.61 7411 Pressure Cleaning (Ref. 7389) 92.61 338 of 350 7412 Sign Painting & Lettering (Ref. 7389) 92.61 7413 Water Softening Service (Ref. 7389) 92.61 7414 Yacht Broker* (Ref. 7389) 92.61 7415 Merchandise Broker (Ref. 7389) 92.61 7416 Financial Consultant (Ref. 7389) 92.61 7417 Showroom (Ref. 7389) 92.61 7418 Courier Service (Ref. 7389) 92.61 7419 Aquarium Service (Ref. 7389) 92.61 7420 Religious/Charitable Organization (Ref. 7389) 92.61 7421 Pet Sitting (Ref. 7389) 92.61 7422 Housesitting (Ref. 7389) 92.61 7423 Embroidery Service (Ref. 7389) 92.61 7424 Diver - Commercial (Ref. 7389) 92.61 7425 Inspection Service - No Appraisal (Ref. 7389) 92.61 7426 Consultant (Ref. 7389) 92.61 7427 Mediation Counselor 92.61 7513 Truck Rental & Leasing 256.88 7514 Passenger Car Rental 256.88 7530 Auto Pinstriping (Ref. 7532) 92.61 7532 Auto Body Shop, per number of workers* See 2024 7536 Auto Glass Installation* 92.61 7538 Auto Mechanical Repair*, per number of workers See 2024 7542 Car Wash 92.61 7543 Car Wash - coin-operated 102.53 plus 20.95 per machine 7544 Auto Detailing 61.74 7549 Automotive Services, NEC* 92.61 7550 Wrecker/Towing Service (Ref. 7549) 77.18 per vehicle 7551 Window Tinting (Ref. 7549) 92.61 7629 Appliance Repair 92.61 7631 Jewelry Repair 29.77 7641 Reupholstery, per number of workers See 2024 7692 Welding, per number of workers See 2024 7697 Locksmith, per number of workers (Ref. 7699) See 2024 7698 Repair Shops, per number of workers (Ref. 7699) See 2024 339 of 350 7699 Miscellaneous Repair Services, NEC 92.61 7700 Mobile Repair (Ref. 7699) 92.61 7701 Bicycle Repair 92.61 7702 Screen Repair 92.61 7832 Motion Picture Theatre .49 per seat, 102.53 minimum 7910 Carnival or Circus (Ref. 7999) 513.77 7911 Dance Studio/School 154.35 7922 Miscellaneous Theatrical Services 92.61 7928 Adult Entertainment (Ref. 7929) 1,102.50 A floor plan showing square footage of building, indicate portion to be allotted for this use and seating chart if applicable, plus a site plan to show the off-street parking, shall be submitted for review with the Certificate of Use application and filing fee. 7929 Entertainers & Entertainment Groups 92.61 7933 Bowling Alley 51.82 per alley 7987 Martial Arts Instruction (Ref. 7999) 92.61 7988 Fishing Guide (Ref. 7999) 92.61 7989 Boat Captain Service (Ref. 7999) 92.61 7990 Athletic Clubs (Ref. 7991) 154.35 7991 Fitness Trainer 92.61 7993 Amusement Arcade, per machine See 5962 7994 Billiards (Ref. 7993) 51.82 per table 7995 Special Events (Ref. 7996) 154.35 7997 Bankruptcy Sale (Ref. 7389) 154.35 7998 Miscellaneous Recreation Services, NEC 92.61 7999 Boats - Recreation Small motor crafts, each 22.50 1 - 5 passenger capacity 77.18 6 - 10 passenger capacity 102.53 10 - 50 passenger capacity 154.35 Over 50 passenger capacity 256.88 8011 Physician* 206.17 8012 Psychiatrist* 206.17 8013 Ophthalmologist 206.17 8021 Dentist* 206.17 340 of 350 8031 Osteopath* 206.17 8034 Relaxation Therapist (Ref. 8049) 206.17 8035 Psychotherapist (Ref. 8049) 206.17 8036 Psychologist (Ref. 8049) 206.17 8037 Physical Therapist (Ref. 8049) 206.17 8038 Occupational Therapist (Ref. 8049) 206.17 8039 Midwife (Ref. 8049) 206.17 8040 Mental Health Counselor (Ref. 8049) 206.17 8041 Chiropractor* 206.17 8042 Optometrist* 206.17 8043 Podiatrist* 206.17 8044 Hypnotist (Ref. 8049) 206.17 8045 Dietitian (Ref. 8049) 206.17 8046 Clinical Social Worker (Ref. 8049) 206.17 8047 Audiologist (Ref. 8049) 206.17 8048 Acupuncturist (Ref. 8049) 206.17 8049 Health Practitioners, NEC* 206.17 8051 Skilled Nursing Care Facilities 154.35 8059 Nursing Care Facility, NEC 3.58 per room, 35.28 minimum 8062 General Medical/Surgical Centers* 206.17 8069 Hospital 154.35 8070 Diagnostic Lab (Ref. 8071) 92.61 8072 Dental Laboratory 206.17 8096 Nursing (Ref. 8099) 102.53 8097 Surgical Technician (Ref. 8099) 102.53 8098 Hearing Aid Specialist (Ref. 8099) 206.17 8099 Health & Allied Services, NEC 102.53 8111 Attorney* 206.17 8243 Computer Assembly/Setup 92.61 8244 Business School 154.35 8249 Art School 154.35 8296 Ceramic Studio (Ref. 8299) 154.35 8297 Auto Driving School (Ref. 8299) 154.35 8298 Piano/Instrument Instruction 92.61 341 of 350 8299 Schools & Education Services, NEC 154.35 8322 Individual & Family Social Services 216.48 8323 Counselor 92.61 8324 Marriage/Family Therapist* (Ref. 8322) 216.48 8351 Day Care - Children 154.35 8361 Adult Congregate Living Facility* 3.58 per room, 35.28 minimum 8399 Social Work Consultant* 92.61 8422 Aquarium 92.61 8610 Business Associations (Ref. 8611) 92.61 8611 Real Estate Board 92.61 8711 Engineer* 206.17 8712 Architect* 206.17 8713 Surveyor* 206.17 8721 Certified Public Accountant* 206.17 8722 Bookkeeper (Ref. 8721) 92.61 8733 Research Organization 92.61 8742 Business/Management Consultant 92.61 8748 Traffic Manager 92.61 8900 Construction Inspector (Ref. 8999) 92.61 8998 Geologist* (Ref. 8999) 206.17 8999 Services, NEC 92.61 9991 Merchant - temp./regional mall concourse For four (4) or less temporary (less than a week), and portable, regional mall promotion activities with sales and located within any or all of the mall concourse areas, mall owners shall pay a Business Tax Receipt fee of $137.81. 9992 Temporary retail/mall carts Activities which would otherwise be subject to retail Business Tax Receipt fees, but which are temporary and portable and located in mall concourse areas, shall be charged a Business Tax Receipt fee of $ $41.35 for each three-month period or portion thereof. Fees will be paid quarterly in advance by the mall operator. Fees shall be paid based upon the maximum projected number of spaces the mall allocates for temporary and portable retail locations within the mall for the twelve- month period commencing October the first of each year. Fees paid shall be subject to adjustment to reflect actual operating locations. Adjustment shall be made yearly during the month of August for the preceding twelve-month period and on written request from the mall operator. The mall operator shall submit sufficient records to support its request for adjustment. 9993 Itinerant or Transient Merchant Covers persons who travel from city to city and sell and deliver goods, merchandise or services to business establishments; or who sell, demonstrate or deliver goods, merchandise or services to the general public, and do 342 of 350 not have a permanent place of business in the city. Each person, per day 9.92 Each person, per week 51.82 Each person, per month 206.17 (I.D. registration required for each person.) Notes: * Requires a license from one of the following: Department of Professional Regulation, Department of Business Regulation, Department of Agriculture & Consumer Services, Department of Highway Safety & Motor Vehicles, Florida Bar Association, Department of Banking & Finance. NEC - Not Elsewhere Classified (Ord. No. 94-15, App. A, 6-21-94; Ord. No. 95-22, Appendix A, 7-5-95; Ord. No. 98-38, § 1, 9- 15-98; Ord. No. 06-049, § 2, 6-20-06; Ord. No. 06-096, § 2, 1- 2-07; Ord. No. 12-012, § 2, 7-3- 12) 343 of 350 13. D LEGAL July 2, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 2, 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. 13-023 - EQUESTED CTION BY ITY OMMISSION SECOND READING - PUBLIC HEARING - Approving a one-year suspension of Garage Sale Permit requirement ER: City Commission first approved issuance of Garage Sale XPLANATION OF EQUEST permits in May of 1983, in response to repeated garage sales occurring at a few residential properties in the City. Current regulations for Garage Sale permits are contained within Chapter 13, Licensing and require a permit to be issued by the Building Official, with a limit of two (2) permits per residence, per year. An average of 225 permits, at $5 per permit, are issued each year generating an average of $1,125 annually. Enforcement of the permit requirement is administered through the Police Department, Code Compliance division. Residents are required to apply in person at City Hall to obtain Garage Sale Permits, and are accepted through the Development Services intake process, with an average wait time of 20 minutes. Once they meet with an Application Technician and are registered in the system (a process which takes less than 5 minutes), they are directed to the City Hall Casher to make payment. The entire process can take in excess of 30 minutes and the City does not fully recover staff costs with the existing permit fee. Staff has researched Code Violations issued from January 2000 through June 2013, and found that no Garage Sale violations have been issued in the 12.5 year period. Review of regulations from the communities of West Palm Beach, Delray Beach, Boca Raton, Wellington, Jupiter, Greenacres, Palm Beach County, Royal Palm Beach and 344 of 350 Lake Worth, indicate that just Lake Worth and Royal Palm Beach require a permit, with only Royal Palm Beach charging a fee ($10). Noting the absence of any violations over this extended period staff is recommending suspending the Garage Sale Permit requirement for a period of one-year. During the study period, activity will be monitored through complaints to determine the necessity for permit. H? Residents will no longer be OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES required to drive to City Hall to apply for permit and wait in queue with customers submitting for building permit, zoning permit, or business tax application. An estimated 1,500 vehicle miles traveled will be saved due to less trips to City Hall, in keeping with the City’s Sustainability initiatives. If staff review at the end of the study period determines the necessity to continue registration for this activity, code revision to add provisions to Chapter 15, Offenses- Miscellaneous would be considered. FI: Reduction of $1,125 in Garage Sale revenue. ISCAL MPACT A: 1) Do not alter the existing regulations. LTERNATIVES 2) Direct staff to amend the Code a) to remove the permit requirement without a temporary suspension. b) amend code to move administration provisions to Chapter 15, under the direction of Police Department, Code Compliance division. 345 of 350 ORDINANCE NO. 13-023 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA APPROVING THE ONE YEAR SUSPENSION OF THE GARAGE SALE PERMIT REQUIREMENT; PROVIDING FOR AUTOMATIC REIMPLEMENTATION OF REQUIREMENT FOR GARAGE SALE PERMITS AND ENFORCEMENT UPON THE EXPIRATION OF THE STATED TIME PERIOD UNLESS EXTENDED; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, residents are required to apply in person at City Hall to obtain a Garage Sale Permit and are accepted through the Development Services intake process; and WHEREAS, staff has researched Code violations for a twelve and a half year period and found that no Garage Sale violations have been issued; and WHEREAS, noting the absence of violations, staff is recommending suspending the requirement for a Garage Sale Permit for a period of one year during which time a study of violations will be monitored through complaints; and WHEREAS, the City Commission has considered the recommendations and has determined and finds that it is in the best interest of the citizens and residents of the City of Boynton Beach, Florida to suspend the Garage Sale Permit requirement for a period of one year. The requirement to obtain a Garage Sale Permit will automatically be re-implemented upon expiration of the suspension of the Garage Sale Permit requirement, unless extended by the City Commission. 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. The City Commission of the City of Boynton Beach desires to suspend the requirement for Garage Sale Permits for a period of one (1) year from the date of passage of this ordinance on second reading. The requirement to obtain a Garage Sale Permit will automatically 346 of 350 be re-implemented upon expiration of the suspension of the Garage Sale Permit requirement, unless extended by the City Commission. 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. All laws and ordinances applying to the City of Boynton Beach in conflict with any provisions of this ordinance are hereby repealed. Section 5. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 6. This Ordinance shall become effective immediately. {remainder intentionally left blank} 347 of 350 th FIRST READING this 18 day of June, 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) 348 of 350 14. A FUTURE AGENDA ITEMS July 2, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 18, 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 349 of 350 14. B FUTURE AGENDA ITEMS July 2, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 18, 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 350 of 350