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Agenda 09-16-14 Searchable The City of The City of Boynton Beach Boynton Beach 100 E. Boynton Beach Boulevard ● (561) 742-6000 TUESDAY, SEPTEMBER 16, 2014 6:30 PM FINAL AGENDA City Commission AGENDA Jerry Taylor Mayor – At Large Joe Casello Vice Mayor – District IV David T. Merker Commissioner – District I Mack McCray Commissioner – District II Michael M. Fitzpatrick Commissioner – District Ill 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 506 1. OPENINGS A. Call to order - Mayor Jerry Taylor B. Invocation C. Pledge of Allegiance to the Flag led by Vice Mayor Casello D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. OTHER A. Conduct a second Public Hearing for the Fiscal Year 2014-2015 Budget in order to: PROPOSED RESOLUTION NO. R14-086 1. - Adopt the Final millage rate for the General Fund for Fiscal Year 2014-2015. PROPOSED RESOLUTION NO. R14-087 2. - Adopt the Final Budget for the General Fund and all other funds for Fiscal Year 2014-2015. PROPOSED RESOLUTION NO. R14-088 B. - Ratification by City Commission of the Boynton Beach Community Redevelopment Agency (CRA) annual budget for fiscal year 2013-2014. C. Informational Items by Members of the City Commission 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Special City Commission Meeting scheduled for Second reading and adoption of Ordinance confirming CRA sunset date. Tuesday – 9/30/14 Beginning at 6:00 p.m. meeting will be held in City Hall Commission Chambers B. Announcement by Recreation & Parks Director Wally Majors regarding the "Let's Get Physical" event, which will be held at Meadows Park on Saturday, September 20 from 9 a.m. to 10:30 a.m. Registration begins at 8:30 a.m. C. Hear update from the Boynton Mental Health Committee. 3 of 506 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following openings exist: Arts Commission: 1 regular and 1 alternate Building Board of Adjustment and Appeals: 1 alternate Cemetery Board: 1 alternate Education & Youth Advisory Board: 1 student N/V Financial Advisory Committee: 3 regulars and 2 alternates Golf Course Advisory Committee: 1 alternate Historic Resource Preservation Board: 2 alternates Library Board: 1 alternate Recreation and Parks Board: 1 alternate 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. Approve the Bid for "ANNUAL BID FOR THE PURHCASE OF CLEANING CHEMICALS AND JANITORIAL SUPPLIES" Bid # 067-1412-14/MFD to the following six (6) companies: Amsan, Calico Industries, Clean All Products, Dade Paper, Neeld Paper and Pyramid School Products on an overall basis, to the lowest, most responsive, responsible bidders who met all specifications. Items will be ordered on an "AS NEEDED" basis for an estimated annual expenditure of $65,000. B. Approve the updated Library Long Range Plan for 2014-2019. C. Approve the one-year extension for RFPs/Bids and/or piggy-backs for the procurement of services and/or commodities as described in the written report for September 16, 2014 - "Request for Extensions and/or Piggybacks". PROPOSED RESOLUTION NO. R14-089 D. - Authorize application and approve the agreement between the Florida Department of State, Division of Library and Information Services and the City of Boynton Beach Library to receive the State Aid to Libraries Grant for FY2014-2015. 4 of 506 PROPOSED RESOLUTION NO. R14-090 E. - Approve and authorize the City Manager to execute the Subscription Agreement between American Funding Innovators, Inc. and the City of Boynton Beach with the expenditure of $7,825 for web-based grant research and management. PROPOSED RESOLUTION NO. R14-091 F. - Approve Subordination Agreement allowing for a subordination of the City's Mortgage for Arden & Sandra Gayle of 702 S.W. 2nd Street, Boynton Beach, Florida, 33435, and authorizing the City Manager to execute the Subordination Agreement. PROPOSED RESOLUTION NO. R14-092 G. - Approve and authorize the City Manager to enter into an interlocal agreement for law enforcement services between Palm Beach County and the City of Boynton Beach/Boynton Beach Police Department for the administering of the manatee protection conservation program. PROPOSED RESOLUTION NO. R14-093 H. - Approve the proposed fee schedule for Certificate of Use and Occupancy, Strategic Plan item 3.1 PROPOSED RESOLUTION NO. R14-094 I. - Amend the FY 2013-2014 budget to adjust budgeted appropriations and revenue sources to provide spending authority for Operating and Capital Improvement Projects as needed to cover anticipated expenditures for the remainder of FY 2013-2014. J. Accept the written report to the Commission for purchases over $10,000 for the month of August 2014. K. Accept the resignation of Dr. Carmela Nanton, an alternate member of the Education and Youth Advisory Board L. Accept the resignation of Michael Bessell, a regular member of the Building Board of Adjustment and Appeals. M. Authorize the Finance Department to reduce the Allowance for Uncollectible Accounts and the Accounts Receivable Accounts by $192,367.50. This amount reflects unpaid ALS Transportation billings that have been in collections for 18 months or longer. N. Approve utilizing Lyle Sumek Associates, Inc. to provide services in connection with the City's strategic planning process during FY 13/14, in the amount $37,500. 7. BIDS AND PURCHASES OVER $100,000 None 8. CODE COMPLIANCE & LEGAL SETTLEMENTS None 5 of 506 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. A. Approve a Conditional Use request to allow a funeral home establishment in an existing 3,312 sq. ft. building, within a C-3 (Community Commercial) zoning district. Applicant:: Daryl L. Johnson, Johnson Memorial Chapel, Inc. PROPOSED ORDINANCE NO. 14-013 - FIRST READING - PUBLIC B. HEARING - Approve High Ridge Landing PUD rezoning (REZN 14-002) from a PUD (Planned Unit Development) with the Master Plan for 110 single-family homes, to a PUD to be combined with adjacent property to the north, establishing a Master Plan consisting of 184 apartments, the Imagine Charter School and athletic fields, located at the NW corner of High Ridge Road and (TABLED TO Miner Road. Applicant: Ron Roan, High Ridge Housing, LLC. 10/7/14) PROPOSED ORDINANCE NO. 14-014 - FIRST READING - PUBLIC HEARING - Approve High Ridge Landing PUD rezoning (REZN 14-002) from R-2 (Single and Two-Family Residential District) to a PUD to be combined with adjacent property to the south establishing a new Master Plan consisting of 184 apartments, the Imagine Charter School and athletic fields, located at the NW corner of High Ridge Road and Minor Road. Applicant: Ron Roan, High Ridge (TABLED TO 10/7/14) Housing, LLC. C. Approve a Major Site Plan Modification (MSPM 14-002) to allow construction of 184 multi-family rental units (High Ridge Landing) consisting of eight (8) two- and three-story apartment buildings, amenity area, and related site improvements at the northwest corner of High Ridge Road and Miner Road, on 8.44 acres within a PUD (Planned Unit Development) zoning district. Applicant: (TABLED TO 10/7/14) Ron Roan of High Ridge Housing, LLC. 10. CITY MANAGER’S REPORT None 11. UNFINISHED BUSINESS A. Provide staff report for Commission discussion on Human Rights Council's request for the City to update its non-discrimination policy and offer domestic partnership benefits. 12. NEW BUSINESS A. Authorize travel by members of the City Commission to attend the FCP3 Conference in Ft. Lauderdale, Fl on October 9-10, 2014 6 of 506 B. Commissioner Merker would like to discuss offering Long Term Care insurance to City employees as an additional benefit to be paid by employee. 13. LEGAL PROPOSED ORDINANCE NO. 14-020 - SECOND READING - PUBLIC A. HEARING - Approve amendment to the Land Development Regulations, Chapter 4, Article 5, Sections 3, 4 and 5 inserting Flexible Parking Provisions Promoting Smart Growth (CDRV 14-002) through the addition of reduced parking ratios and eligibility criteria for projects justifying lower parking needs and accommodating, in part, fuel efficient vehicles, EV charging stations, incentives for use of mass transit and ride sharing. Applicant: City-initiated. (TABLED -- TO BE HEARD ON 9/16/14) PROPOSED ORDINANCE NO. 14-021 - SECOND READING - PUBLIC B. HEARING - Approve amendment to Sections 18-118 and 18-127 of the General Employee's Pension Plan. PROPOSED ORDINANCE NO. 14-022 - SECOND READING - PUBLIC C. HEARING - Approve a Solid Waste rate increase and revise the Code of Ordinances, Chapter 10, Garbage, Trash and Offensive Conditions, to allow for residential rate increase and language change. PROPOSED ORDINANCE NO. 14-023 - FIRST READING D. - Approve the historic designation application for the site of the Boynton Woman's Club located at 1010 South Federal Highway, Boynton Beach. PROPOSED ORDINANCE NO. 14-024 - FIRST READING E. - Approve the extension of the current Mobile Vending Unit regulations for a period of 90 days. PROPOSED ORDINANCE NO 14-025 - FIRST READING F. - Approve ordinance dissolving the Quantum Community Development District. PROPOSED ORDINANCE NO. 14-026 - FIRST READING G. - Approve Boynton Beach Community Redevelopment Plan Amendment. 14. FUTURE AGENDA ITEMS A. Discuss impact of pending legislation legalizing restricted use of medical marijuana - October 7, 2014 B. Commission discussion and direction for the Financial Advisory Committee for the FY 14/15. - TBD 7 of 506 15. ADJOURNMENT NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CITY CLERK'S OFFICE (561) 742-6060 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CITY'S WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE CITY'S WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. 8 of 506 2. A OTHER September 16, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 16, 2014 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: Conduct a second Public Hearing for the Fiscal EQUESTED CTION BY ITY OMMISSION Year 2014-2015 Budget in order to: 1. PROPOSED RESOLUTION NO. R14-086 - Adopt the Final millage rate for the General Fund for Fiscal Year 2014-2015. 2. PROPOSED RESOLUTION NO. R14-087 - Adopt the Final Budget for the General Fund and all other funds for Fiscal Year 2014-2015. ER: XPLANATION OF EQUEST This is the second and final Budget Public Hearing for FINAL adoption of the millage rate and operating budget for FY 2014-2015. ndnd As a result of Budget Workshops that were held on July 21 and 22, 2014 the City Commission approved a tentative millage of 7.9000 mills. At the first budget public hearing on September 3, 2014 the Commission adopted a proposed millage rate for the General Fund and adopted a tentative budget for the General Fund and all other funds for the Fiscal Year 2014-2015. The following items are a result of those workshops and budget public hearing: Budgeted Parks and Recreational Facilities Fund 1) –  Included $100,000 for land acquisition and $118,530 transfer to Capital Improvement Fund and operating expenditures. 9 of 506 Adjusted operating budget for Fire Department 2) –  Added $44,700 – To add back 3 firefighter positions that were funded by Staffing for Adequate Fire and Emergency Response (SAFER) grant that ends July 1, 2015.  Reduced budget by $103,948 that was for Grant Match for Bunker Gear replacement, City has been notified they were not awarded the grant. Decreased Health Insurance Budget Line items in all Departments. 3)  Renewal Rates for Health insurance were received and costs will remain the same, City had included a 15% anticipated increase in the proposed budget. Based on no increase, proposed budget for health insurance was able to be decreased $990,000 City wide.  General Fund reduction was $712,000. Adjustment to Fund Balance Appropriation for General Fund 4) – $983,032 reduction from City Manager’s proposed budget of $1,444,388 to a needed fund balance appropriation of $461,356. Adjustment to ALS Transport Services Revenue 5) - $200,000 increase of proposed revenue from $1,300,000 to $1,500,000 based on adoption of a rate increase for Emergency Medical Transport Services Fees. Adjustments to Fleet Fund 6) - $1,100,655 decrease from $7,044,739 to $5,944,084 due to a couple large vehicle purchases being approved to be ordered in last quarter of FY13/14 because of lead time instead of being ordered in FY14/15. The proposed FY14/15 General Fund Budget is $72,540,113 compared to the approved FY 13/14 General Fund Budget of $71,267,135, an increase of $1,272,978 or 1.78%. The requested actions are: 1. Adopt the Millage Rate for the General Fund for Fiscal Year 2014-2015. 2. Adopt the Final Budget for the General Fund and all other funds for Fiscal Year 2014-2015. The procedure for adopting the millage rate and budget is established by Section 200.065, Florida Statutes. The City of Boynton Beach customarily establishes its millage rate and budget by the adoption of Resolutions. The attached Resolutions meet the State requirements. H? By balancing the proposed budget OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES and adopting the Resolutions, the Commission provides the legal authority to appropriate resources to carry out City programs and services for FY 2014-2015. FI: Currently, the proposed budget utilizes approximately $_461,358_ of General ISCAL MPACT Fund unrestricted fund balance (reserves) 10 of 506 A: The Commission may lower millage that what is proposed but that may LTERNATIVES require a change to the budget resolution. The Commission must adopt an annual budget. 11 of 506 RESOLUTION R14-086 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA ADOPTING A FINAL MILLAGE RATE OF 7.9000 MILLS FOR THE CITY'S GENERAL FUND FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2014 AND ENDING SEPTEMBER 30, 2015; PROVIDING THAT THE FINAL MILLAGE RATE OF 7.9000 MILLS IS 5.81% ABOVE THE ROLLED-BACK RATE OF 7.4664 MILLS; PROVIDING FOR SEVERABILITY, CONFLICTS AND PROVIDING AN EFFECTIVE DATE . WHEREAS, a final budget has been reviewed and considered by the City of Boynton Beach, Florida, for the ensuing year, with detailed information, including revenues to be derived from sources other than ad valorem levy, and the administrative staff of the City has made recommendations as to the amount necessary to be appropriated for the ensuing year; and WHEREAS, the City Commission has given notice of and conducted the public hearings required by law and has considered the recommendations of staff and the comments of the public, the suggested budget, and the proposed millage necessary to be levied to carry on the government of the City for the ensuing year; WHEREAS, the City of Boynton Beach, Florida, has followed the procedures as outlined in Florida Statutes Section 200.065; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida hereby _7.9000 adopts the final millage rate of for the General Fund. The final millage rate is 12 of 506 _5.81_%7.4664 above the computed rolled-back rate of . Section 3. If any clause, section, or other part of this Resolution shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and shall in no way affect the validity of the other provisions of this Resolution. Section 4. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 5. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 16th day of September, 2014. CITY OF BOYNTON BEACH, FLORIDA ____________________________ Mayor – Jerry Taylor ____________________________ Vice Mayor – Joe Casello ____________________________ Commissioner – David T. Merker ____________________________ Commissioner – Mack McCray ____________________________ Commissioner – Michael M. Fitzpatrick ATTEST: ________________________ Janet M. Prainito, MMC City Clerk (corporate Seal) 13 of 506 RESOLUTION R14-087 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING A FINAL BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2014, AND ENDING SEPTEMBER 30, 2015; PROVIDING FOR SEVERABILITY, CONFLICTS, AND AN EFFECTIVE DATE. WHEREAS, a tentative budget has been prepared by the City Manager estimating expenditures, transfers, and revenues of the City of Boynton Beach for the ensuing year, with detailed information, including revenues to be derived from sources other than the ad valorem tax levy, and she has made recommendations as to the amount necessary to be appropriated for the ensuing year; and WHEREAS , the City Commission of the City of Boynton Beach has conducted a public hearing in accordance with s. 200.054 Florida Statutes on the City’s final budget and the final millage rate. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. That the final budget of the City of Boynton Beach, Florida, for the fiscal year beginning October 1, 2014 and ending September 30, 2015, a copy of which is attached hereto, is hereby adopted and the appropriations set out therein are hereby made to maintain and carry on the government of the City of Boynton Beach, Florida. General Section 3. There is hereby appropriated the sum of $ 72,540,113 to the Fund for the payment of operating expenditures, transfers to other funds, and necessary capital outlays for the City Government pursuant to the terms of the above budget. Section 4. That there is hereby appropriated the sum of $ 1,059,000 to Traffic Safety Special Revenue Fund the for the payment of operating expenditures, transfers to other funds, and necessary capital outlays. Local Section 5. That there is hereby appropriated the sum of $ 1,172,030 to the Option Gas Tax Special Revenue Fund for the payment of operating expenditures, transfers to other funds, and necessary capital outlays. Section 6. That there is hereby appropriated the sum of $ 281,362 to the Community Improvements Special Revenue Fund for the payment of operating 14 of 506 expenditures, transfers to other funds, and necessary capital outlays. Parks and Section 7. That there is hereby appropriated the sum of $ 218,530 to the Recreational Facilities Fund for the payment of transfers to other funds and capital outlays pursuant to the terms of the above budget. Public Section 8. That there is hereby appropriated the sum of $ 177,035 to the Arts Special Revenue Fund for the payment of operating expenditures, transfers to other funds, and necessary capital outlays. Section 9. That there is hereby appropriated the sum of $ 1,020,210 to the Recreation Program Special Revenue Fund for the payment of operating expenditures, transfers to other funds, and necessary capital outlays. Public Section 10. That there is hereby appropriated the sum of $ 9,586,388 to the Service Tax Debt Service Fund for the purpose of payment operating expenditures, transfers to other funds, and the principal and interest due on the public service tax bonds of the City not subject to statutory exemptions and for redeeming such bonds as they mature. General Section 11. That there is hereby appropriated the sum of $ 2,311,590 to the Capital Improvement Capital Projects Fund for the payment of transfers to other funds and capital outlays pursuant to the terms of the above budget. Water Section 12. That there is hereby appropriated the sum of $ 40,212,355 to the and Sewer Utility Enterprise Fund for operating expenditures, debt service, transfers to other funds, and necessary capital outlay. 15 of 506 Water Section 13. That there is hereby appropriated the sum of $ 34,136,743 to the and Sewer Utility Capital Improvement Enterprise Fund for the payment of capital outlays pursuant to the terms of the above budget. Golf Section 14. That there is hereby appropriated the sum of $ 2,069,872 to the Course Enterprise Fund for operating expenditures, transfer to other funds, and necessary capital outlays. Solid Section 15. That there is hereby appropriated the sum of $ 12,090,952 to the Waste Enterprise Fund for the payment of operating expenditures, transfers to other funds and necessary capital outlays. Fleet Section 16. That there is hereby appropriated the sum of $ 5,944,084 to the Maintenance Internal Service Fund for the payment of operating expenditures, transfers to other funds, and necessary capital outlays. Section 17. That there is hereby appropriated the sum of $ 310,358 to the Warehouse Internal Service Fund for the payment of operating expenditures, transfers to other funds, and necessary capital outlays. Self- Section 18. That there is hereby appropriated the sum of $ 3,094,379 to the Insurance Internal Service Fund for the payment of operating expenditures, transfers to other funds, and necessary capital outlays. Cemetery Section 19. That there is hereby appropriated the sum of $ 380,414 to the Special Revenue Fund for the payment of operating expenditures, transfers to other funds, and necessary capital outlays. Section 20. All delinquent taxes collected during the ensuing fiscal year as proceeds from levies of operation millages of prior years are hereby specifically appropriated for the use of the General Fund. Section 21. If any clause, section or other part of this Resolution shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and shall in no way affect the validity of the remaining portions of this Resolution. Section 22. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 23. This Resolution shall become effective immediately upon passage. 16 of 506 th PASSED AND DULY ADOPTED this 16 day of September, 2014. CITY OF BOYNTON BEACH, FLORIDA ____________________________ Mayor – Jerry Taylor ____________________________ Vice Mayor – Joe Casello ____________________________ Commissioner – David T. Merker ____________________________ Commissioner – Mack McCray ____________________________ Commissioner – Michael M. Fitzpatrick ATTEST: ________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 17 of 506 2. B OTHER September 16, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 16, 2014 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. R14-088 - EQUESTED CTION BY ITY OMMISSION Ratification by City Commission of the Boynton Beach Community Redevelopment Agency (CRA) annual budget for fiscal year 2013-2014. ER: The Community Redevelopment Agency is a Special District XPLANATION OF EQUEST created by the City Commission. Florida Statute requires that the budget of special districts be contained within the general budget of the local governing authority and clearly stated as a budget of the dependent district. The Community Redevelopment Agency approved their FY 2014-2015 budget at its September 9, 2014 meeting. The attached resolution completes the annual process of accepting and approving the CRA budget. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: None ISCAL MPACT A: None LTERNATIVES 18 of 506 RESOLUTION R14-088 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA RATIFYING THE 2014-2015 ANNUAL BUDGET FOR THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY AND PROVIDING AN EFFECTIVE DATE . WHEREAS, the Boynton Beach Community Redevelopment Agency was created by Ordinance of the City Commission pursuant to Chapter 163, Florida Statutes. The Redevelopment Agency has been designated a Florida Special District; and WHEREAS, Florida Statutes 189.016 provides that the proposed budget of a dependent special district, with the concurrence of the local governing authority, may be budgeted separately; and WHEREAS , a local governing authority may, in its discretion, review the budget or tax levy of any special district located solely within its boundaries; and WHEREAS , a final budget of the Boynton Beach Community Redevelopment Agency has been reviewed and considered by the City Commission for the ensuing year, with detailed information, and the administrative staff of the City has made recommendations as to the amount necessary to be appropriated for the ensuing year. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida hereby ratifies the adoption of the Boynton Beach Community Redevelopment Agency’s 2014-2015 19 of 506 Annual Budget. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _________ day of September, 2014. CITY OF BOYNTON BEACH, FLORIDA ____________________________ Mayor – Jerry Taylor ____________________________ Vice Mayor – Joe Casello ____________________________ Commissioner – David T. Merker ____________________________ Commissioner – Mack McCray ____________________________ Commissioner – Michael M. Fitzpatrick ATTEST: ________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 20 of 506 21 of 506 22 of 506 23 of 506 24 of 506 25 of 506 26 of 506 27 of 506 28 of 506 29 of 506 30 of 506 31 of 506 32 of 506 33 of 506 34 of 506 35 of 506 36 of 506 37 of 506 38 of 506 39 of 506 40 of 506 41 of 506 42 of 506 43 of 506 44 of 506 45 of 506 46 of 506 47 of 506 48 of 506 49 of 506 50 of 506 51 of 506 52 of 506 53 of 506 54 of 506 3. A ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS September 16, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 16, 2014 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 Meeting scheduled for EQUESTED CTION BY ITY OMMISSION Second reading and adoption of Ordinance confirming CRA sunset date. Tuesday – 9/30/14 Beginning at 6:00 p.m. meeting will be held in City Hall Commission Chambers ER: The City Commission has scheduled a special meeting on XPLANATION OF EQUEST September 30, 2014 at 6:00pm to be held in the City Hall Commission Chambers The Meetings will be advertised per Sunshine Law. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 55 of 506 3. B ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS September 16, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 16, 2014 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 by Recreation & Parks Director EQUESTED CTION BY ITY OMMISSION Wally Majors regarding the "Let's Get Physical" event, which will be held at Meadows Park on Saturday, September 20 from 9 a.m. to 10:30 a.m. Registration begins at 8:30 a.m. ER: As part of the Play Outdoors…Unplugged series of XPLANATION OF EQUEST events, the Recreation & Parks Department wishes to extend an invitation to “Let’s Get Physical”. This series of events are intended to provide our community opportunities for healthy, fun activities that will motivate people to keep moving and smiling. The exercises that are part of this event will be taught by trained Crossfit of Boynton Beach instructors. The event will include many fun activities and games. Healthy snacks will be provided. H? This event will not affect other City OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES programs or services. FI: Expenses are included in the Department’s operating budget. ISCAL MPACT A: Do not make the announcement LTERNATIVES 56 of 506 57 of 506 3. C ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS September 16, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 16, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Hear update from the Boynton Mental Health EQUESTED CTION BY ITY OMMISSION Committee. ER: The Boynton Mental Health Committee Chairman Woodrow XPLANATION OF EQUEST Hay will present a brief update to the City Commission on the Committee’s progress to date. Committee members will be in attendance. Fmr. Mayor Woodrow Hay, Chair Gerda Klein Charlee Brown Margaret Newton Mary McClory Ron Washam Sherry Johnson Detective Ray DeLosRios Micheline Avril ALTERNATES: Alisha Agnew Cynthia Shulman Paul Zito 58 of 506 H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: N/A LTERNATIVES 59 of 506 5. A ADMINISTRATIVE September 16, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 16, 2014 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 1 alternate Building Board of Adjustment and Appeals: 1 alternate Cemetery Board: 1 alternate Education & Youth Advisory Board: 1 student N/V Financial Advisory Committee: 3 regulars and 2 alternates Golf Course Advisory Committee: 1 alternate Historic Resource Preservation Board: 2 alternates Library Board: 1 alternate Recreation and Parks Board: 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 A: Allow vacancies to remain unfilled. LTERNATIVES 60 of 506 61 of 506 62 of 506 63 of 506 64 of 506 6. A CONSENT AGENDA September 16, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 16, 2014 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 Bid for "ANNUAL BID FOR THE EQUESTED CTION BY ITY OMMISSION PURHCASE OF CLEANING CHEMICALS AND JANITORIAL SUPPLIES" Bid # 067-1412- 14/MFD to the following six (6) companies: Amsan, Calico Industries, Clean All Products, Dade Paper, Neeld Paper and Pyramid School Products on an overall basis, to the lowest, most responsive, responsible bidders who met all specifications. Items will be ordered on an "AS NEEDED" basis for an estimated annual expenditure of $65,000. : O3,2014–O2,2015 CONTRACT PERIODCTOBER CTOBER ER: On August 7, 2014 Procurement Services opened and XPLANATION OF EQUEST tabulated eleven (11) bids submitted in response to solicitation for Cleaning Chemicals and Janitorial Supplies. All bids were reviewed by the Warehouse Manager. It is . recommended to award this bid in part to six (6) companiesThe awarded vendors are: COMPANY AWARD CATALOG DISCOUNT Amsan - 12 Items 20% Calico Industries - 12 Items 20% Clean All Products - 1 Item 10% Dade Paper - 1 Item - Neeld Paper and Supply - 6 Items 10% Pyramid - 6 Items 20% TOTAL 38 Items 65 of 506 The lowest bidder was not always awarded select items due to their bid proposal restrictions such as, minimum item and/or minimum case orders, and minimum dollar orders ranging from a minimum of $50.00 to $500.00. The bid award will be for the period October 3, 2014 to October 2, 2015 and allow for two (2) additional one (1) year extensions at the same terms and conditions subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. PROGRAM IMPACT: The purpose of this bid is to secure a source of supply for the purchase of cleaning chemicals and janitorial supplies. These supplies will be ordered on an “AS NEEDED BASIS” and stocked within the City’s Warehouse. FI:ACCOUNT NUMBER ESTIMATED ISCAL MPACT WAREHOUSE STOCKANNUAL EXPENDITURE 502-0000-141-0100 $65,000 E: FY2014() $61,029.21 XPENDITURES TO DATE FY2013 $66,791.25 A: Obtain quotes on an “as needed” basis which would not be cost LTERNATIVES effective. 66 of 506 The City of Boynton Beach Finance Department WAREHOUSE DIVISION TO: Tim Howard, Director of Financial Services FROM: Michael Dauta, Warehouse Manager DATE : August 15, 2014 SUBJECT: Janitorial Bid # 067-1412-14/MFD I reviewed the tabulation sheet. My recommendation is a multi-award to overall low vendor with some exceptions. The evaluating factors used were A) Pricing; B) Quantity per order minimum C) Dollar amount per order minimum. Last year’s expenditures were $61,029.21. The previous year’s expenditures were $66,791.25. This year’s expenditures will be an estimated $65,000. Awarded Items: Amsan Item(s) # 1,2,4,6,7,12,24,25,26,33,34,36 Calico Item(s) # 3,5,11,13,14,16,21,22,29,35,37,38 Clean All Item(s) # 31 Dade Paper Item(s) # 67 of 506 27 Neeld Item(s) # 10,15,17,18,28,32 Pyramid Item(s) # 8,9,19,20,23,30 Exceptions Amsan The following items were not awarded to Amsan because the item proposed was not the specified brand. Item 17 should be ODO-BAN Item 19 should be Raid Dade Paper The following items were not awarded to Dade Paper because the minimum quantity per order cannot be met. Item 6 minimum of 60 each Item 4 minimum of 5 each Item 5 minimum of 5 each Item 11 minimum of 25 cases Item 15 minimum of 10 cases Item 18 minimum of 5 each Item 19 minimum of 5 cases Item 20 minimum of 5 cases Item 26 minimum of 8 cases Item 36 minimum of 30 each HD Supply Item 22 was not awarded to HD Supply because of the $50.00 minimum per order. HD was only low on one item. Neeld Item 11 was not awarded to Neeld because Calico does not have a minimum dollar amount per order. Both Neeld, which has a $200 minimum per order, and Calico were low bid on this item. 68 of 506 Pride The following items were not awarded to Pride because it has a $500 minimum per order. If we were to order all potential awarded items at once, we would not meet the $500 requirement. Item 10 $1.70 x order of 36 = $61.20 Item 12 $4.00 x order of 12 = $48.00 Item 13 $4.11 x order of 4 = $16.44 Item 14 $4.02 x order of 12 = $48.24 Item 15 $4.89 x order of 12 = $58.68 Item 16 $3.83 x order of 16 = $61.28 Item 26 $7.00 x order of 12 = $84.00 Total $377.84 Pyramid The following items were not awarded to Pyramid because the minimum quantity per order cannot be met. Item 3 minimum of 12 each Item 4 minimum of 6 each Item 5 minimum of 12 each Item 7 minimum of 12 each Item 21 minimum of 12 each Item 22 minimum of 12 each Item 24 minimum of 6 each Item 25 minimum of 6 each Item 33 minimum of 2 each Item 35 minimum of 12 each Southeastern The following items were not awarded to Southeastern because the minimum quantity per order cannot be met. Item 1 minimum of 60 each Item 2 minimum of 5 cases Item 9 minimum of 96 each Item 10 minimum of 90 each Item 19 minimum of 72 each Item 20 minimum of 72 each Item 22 minimum of 12 each 69 of 506 Item 23 minimum of 180 each Item 27 minimum of 100 each Item 29 minimum of 36 each Item 35 minimum of 12 each In addition, the awarded vendors included a discount of percentage off list for all items not listed on the bid. Amsan 20% Calico 20% Clean All 10% Neeld 10% Pyramid 20% 70 of 506 71 of 506 72 of 506 73 of 506 74 of 506 75 of 506 76 of 506 77 of 506 78 of 506 79 of 506 80 of 506 81 of 506 82 of 506 83 of 506 84 of 506 85 of 506 86 of 506 87 of 506 88 of 506 89 of 506 90 of 506 91 of 506 92 of 506 6. B CONSENT AGENDA September 16, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 16, 2014 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 updated Library Long Range Plan for EQUESTED CTION BY ITY OMMISSION 2014-2019. ER: The State requires that each year, the City Commission XPLANATION OF EQUEST formally approve the Library Long Range Plan in order to be eligible to apply for State Aid Grants. This plan is a five-year rolling plan that is updated each year by Library Administration and approved by City Commission. H? Approval will qualify the Library to OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES apply for State Aid Grants. This plan does not commit the City to any additional budgetary commitments other than what is addressed in the Technology section and is already requested in the FY2014-2015 Budget Request. FI: State Aid Grants bring additional library resources to the community ISCAL MPACT (estimated at $84,664 for FY14-15). The Technology Plan expenses are all addressed in existing budget request. No additional funds are included nor requested in this plan. A: Do not approve and eliminate the Library from the State Aid Grant LTERNATIVES Program. 93 of 506 94 of 506 95 of 506 96 of 506 97 of 506 98 of 506 99 of 506 100 of 506 101 of 506 102 of 506 103 of 506 104 of 506 105 of 506 106 of 506 6. C CONSENT AGENDA September 16, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 16, 2014 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 one-year extension for RFPs/Bids EQUESTED CTION BY ITY OMMISSION and/or piggy-backs for the procurement of services and/or commodities as described in the written report for September 16, 2014 - "Request for Extensions and/or Piggybacks". ER: XPLANATION OF EQUEST As required, the Finance/Procurement Department submits requests for award to the Commission; requests for approval to enter into contracts and agreements as the result of bid solicitations; and to piggy-back governmental contracts. Options to extend or renew are noted in the “Agenda Request Item” presented to Commission as part of the initial approval process. Procurement seeks to provide an accurate and efficient method to keep the Commission informed of pending renewals and the anticipated expenditure by reducing the paperwork of processing each renewal and/or extension individually and summarizing the information in a monthly report (as required). VENDOR(S) COMMODITY/SERVICE BID NUMBER RENEWAL TERM Morton Salt, Inc. Sodium Chloride PBC Bid #14-8-20-2014 to 051R/SWC 8-19-2015 Allied Universal Sodium Hypochlorite PBC Bid #11-9-20-2014 to Corporation 071/SWC 9-19-2015 American Water Polyphosphate Type 074-2821-13/JMA 10-15-2014 to Chemicals Corrosion Inhibitor 10-14-2015 Global Trading and Misc. Uniforms including 008-1412-14/MFD 12-4-2014 to Special Products Embroidery and Silk 12-3-2015 107 of 506 Group Screening H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES This renewal report will be used for those bids, contracts/agreements and piggy-backs that are renewed/extended with the same terms and conditions and pricing as the initial award. FI: Funds have been budgeted under line items as noted on the attached ISCAL MPACT report. A: Not approve renewals and require new bids to be issued. LTERNATIVES 108 of 506 CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGY-BACKS September 16, 2014 REQUESTING DEPARTMENT: Utilities DEPARTMENT CONTACT: Bevis Pigott, Manager of Water Quality and Treatment TERM: August 20, 2014 to August 19, 2015 SOURCE FOR PURCHASE: Piggy-back PBC Term Contract #14051R with Morton Salt ACCOUNT NUMBER: 401-2811-536-52-35 VENDOR(S): Morton Salt, Inc. ANNUAL EXPENDITURE: $65,000.00 DESCRIPTION OF BID EXTENSION: Sodium chloride (salt) is a necessary commodity in water treatment. Palm Beach County opened their bid solicitation for Sodium Chloride June 26, 2014; PBC Board of County Commissioners awarded the contract for sodium chloride to Morton Salt, Inc. for the award price of $118.50 per ton. Palm Beach County has complied with public competitive bid requirements that equal or exceed the City of Boynton Beach bid requirements. Morton Salt has agreed to extend the same terms, conditions and pricing for “Sodium Chloride, Solar Salt Quality, Bulk Delivery”, to the City of Boynton Beach for the term of the PBC contract. REQUESTING DEPARTMENT: Utilities DEPARTMENT CONTACT: Bevis Pigott, Manager of Water Quality and Treatment TERM: September 20, 2014 to September 19, 2015 SOURCE FOR PURCHASE: Piggy-back PBC Term Contract #11071C with Allied Universal Corporation ACCOUNT NUMBER: 401-2811-536-52-28 VENDOR(S): Allied Universal Corporation ANNUAL EXPENDITURE: $150,000.00 DESCRIPTION OF BID EXTENSION: On September 20, 2011, City Commissioners approved piggy-backing a contract between Palm Beach County and Allied Universal Corporation based on PBC Bid No. 11-071/SWC. A contract was executed between the City of Boynton Beach and Allied Universal November 21, 2011 agreeing to the Palm Beach County pricing for Bid no. 11- 071/SWC. Palm Beach County has renewed this contract for another year based on the original terms, conditions and pricing. Allied Universal has again extended the same pricing and terms and conditions to the City of Boynton Beach. This renewal represents the third of four one-year renewal options. REQUESTING DEPARTMENT: Utilities DEPARTMENT CONTACT: Bevis Pigott, Manager of Water Quality and Treatment TERM: October 15, 2014 to October 14, 2015 SOURCE FOR PURCHASE: Bid No. 074-2821-13/JMA ACCOUNT NUMBER: 401-2811-536-52-35 VENDOR(S): American Water Chemicals, Inc. ANNUAL EXPENDITURE: $35,000.00 DESCRIPTION OF BID EXTENSION: 109 of 506 Polyphosphate corrosion inhibitors are used at both water treatment plants for protecting pipe interiors from the buildup of scale as well as corrosion in the wells. On August 21, 2013, Procurement Services received and opened seven bid proposals for the supply of polyphosphate type corrosion inhibitors. Commission approved award of the bid to American Water Chemicals as the lowest, most responsive bidder meeting all specifications on October 15, 2013. The bid documents allow for three (3) one- year renewal options. American Water Chemicals has agreed to renew the existing bid with the same terms, conditions and pricing for a one-year term. This is renewal year one. REQUESTING DEPARTMENT: Finance/Warehouse DEPARTMENT CONTACT: Michael Dauta, Warehouse Manager TERM: December 4, 2014 – December 3, 2015 SOURCE FOR PURCHASE: Bid No. 008-1412-14/MFD ACCOUNT NUMBER: 502-000-141-0100 VENDOR(S): Global Trading and Special Products Group ANNUAL EXPENDITURE: $40,000.00 DESCRIPTION OF BID EXTENSION: City Commission approved the award for the bid for the “Annual Supply of Miscellaneous Uniforms to include Embroidery and Silk Screening” to Global Trading and Special Products Group at the Commission Meeting of December 3, 2013. The purpose of this bid was to secure suppliers for the purchase of apparel/embroidery/silk screening on an “as needed” basis. The bid documents allow for two (2) one-year renewals subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. The two awarded vendors have agreed to extend the bid for an additional year with the same term, conditions, and pricing. 110 of 506 6. D CONSENT AGENDA September 16, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 16, 2014 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. R14-089 - EQUESTED CTION BY ITY OMMISSION Authorize application and approve the agreement between the Florida Department of State, Division of Library and Information Services and the City of Boynton Beach Library to receive the State Aid to Libraries Grant for FY2014-2015. ER: The State requires that each year, the City Commission XPLANATION OF EQUEST formally approve the Library Long Range Plan in order to be eligible to apply for State Aid Grants. This plan is a five-year rolling plan that is updated each year by Library Administration and approved by City Commission. H? Approval will qualify the Library to OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES apply for State Aid Grants. This plan does not commit the City to any additional budgetary commitments other than what is addressed in the Technology section and is already requested in the FY2014-2015 Budget Request. FI: State Aid Grants bring additional library resources to the community ISCAL MPACT (estimated at $84,664 for FY14-15). The Technology Plan expenses are all addressed in existing budget request. No additional funds are included nor requested in this plan. A: Do not approve and eliminate the Library from the State Aid Grant LTERNATIVES Program. 111 of 506 RESOLUTION NO. R14-089 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE STATE AID GRANT APPLICATION AND AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND FLORIDA DEPARTMENT OF STATE, DIVISION OF LIBRARY AND INFORMATION SERVICES FOR THE FISCAL YEAR 2014-2015; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the State of Florida requires that the City of Boynton Beach authorize the Grant Application and Agreement for Library State Aid each year; and WHEREAS , upon recommendation of staff, the City Commission has determined that it is in the best interests of the residents of the City to authorize execution of the Library State Aid Grant Application and Agreement with the Florida Department of State, Division of Library and Information Services for the Fiscal Year 2014-2015. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve and authorize the Mayor to sign the Library State Aid Grant Application and Agreement with Florida Department of State, Division of Library and Information Services for the Fiscal Year 2014-2015, a copy of which is attached hereto as Exhibit “A”. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of September, 2014. CITY OF BOYNTON BEACH, FLORIDA ______________________________ 112 of 506 Mayor – Jerry Taylor ______________________________ Vice Mayor – Joe Casello ______________________________ Commissioner – David T. Merker _______________________________ Commissioner – Mack McCray _______________________________ Commissioner – Michael M. Fitzpatrick ATTEST: ________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 113 of 506 114 of 506 115 of 506 116 of 506 117 of 506 118 of 506 119 of 506 120 of 506 6. E CONSENT AGENDA September 16, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 16, 2014 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. R14-090 - EQUESTED CTION BY ITY OMMISSION Approve and authorize the City Manager to execute the Subscription Agreement between American Funding Innovators, Inc. and the City of Boynton Beach with the expenditure of $7,825 for web-based grant research and management. ER: The City of Boynton Beach Grants Team automated its XPLANATION OF EQUEST grant research and grant management twelve years ago. Automation began with a company called eCivis. At that time, eCivis was the only company who had grant research and grant management specifically designed with local governments in mind. We currently have a one year subscription and service agreement with eCivis for, Grants Network, a research, tracking and reporting web-based grant management system, which will expire on October 31, 2014. The cost for the one year subscription is $27,506.85. The eCivis company has grown over the years and now serves several large metropolitan areas. To better meet their customers’ needs eCivis has incorporated features such as management of extensive numbers of sub-grantees and monitoring of sub-recipients as well as other “extras” that are not essential to a city our size to effectively obtain and manage grant funding. Each year, the Grants Coordinator researches companies that provide grant research and management systems in an effort to obtain a product that would meet the city’s needs at a reduced cost. Over the past few years the market has rapidly expanded with companies who now can deliver a product similar to what we are currently using. Until now, there was no other company or product that included both grant research and 121 of 506 grant management tools. As a result, the City is able to obtain the tools it needs at a greatly reduced price. Staff recommends subscribing to American Funding Innovators’ Grants Navigator, beginning November 1, 2014. The cost of the one year subscription is $7,825.00, which provides a saving of $19,681.85 in the General Fund. In addition, this product includes customizable data fields which allow the City much more flexibility in capturing additional data that is not typically offered in grant management software. American Funding Innovators, Inc. provides access to a centralized federal, state, local and foundation grant database, grant management and reporting tools and organizational wide oversight at a substantially lower cost than our current provider, eCivis and a third provider, StreamLink (see attached product comparison). Grants Team members have previewed this software and are confident it meets their department’s needs to effectively research and manage grants. The Grants Coordinator has researched the company and checked several references. Each reference had nothing but positive things to say regarding the product and customer service. In addition, ITS staff has reviewed the security of the system and finds it ample to secure city grant documents HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES: Subscribing to Grants Navigator will enable the Grants Team members to continue efficiently seek grant opportunities and manage grant awards. Grants Navigator is configurable, web-based software that centralizes information and project management and provides customizable data fields to better meet the individual grant management and reporting needs of the City. The system provides citywide use and oversight by the Grants Coordinator and the Finance Department. The Subscription Agreement includes access to a database of local, state and federal grant opportunities, and a project level document repository for our annual single audit. This allows the auditor on-line access to all grant related documents. This also enables the City to move towards a more paperless process. FISCAL IMPACT: The City of Boynton Beach will receive a discount as a member of the American Association of Grant Professionals (AAGP). The total cost for Grant Navigator for the one year subscription is $7,825. This expense is included in the adopted FY2014/2015 General Fund budget and will be taken from the Grants Team account #001-1210-512-64.14. ALTERNATIVES: 1. Not enter into a Service Agreement with American Funding Innovators, Inc. and dramatically decrease our ability to efficiently and effectively seek and manage grants citywide at a reduced cost. 2. Renew our current agreement with eCivis at $27,506.85 3. Not use any form of grant research or management tools and risk our ability to efficiently and effectively seek and manage grants citywide. 122 of 506 RESOLUTION NO. R14-090 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING A SOFTWARE SUBSCRIPTION AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND AMERICAN FUNDING INNOVATORS, INC., FOR WEB- BASED GRANT RESEARCH AND MANAGEMENT IN THE AMOUNT OF $7,825; AND PROVIDING AN EFFECTIVE DATE. WHEREAS , the City of Boynton Beach Grants Team has been using eCivis grant management products to research and track grant opportunities and awards for the past twelve years; and WHEREAS, the current Agreement approved by the City Commission in 2013 expires on October 31, 2014; and WHEREAS , staff is continuously researching and until now there was no other company that included both grant research and grant management tools; and WHEREAS , staff is recommending subscribing to American Funding Innovators’ Grants Navigator commencing November 1, 2014; and WHEREAS, the City Commission of the City of Boynton Beach, upon recommendation of staff, deems it to be in the best interests of the residents and citizens of the City of Boynton Beach to approve the Subscription Agreement between the City of Boynton Beach and American Funding Innovators, Inc., and authorize the City Manager to sign the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve the Software Subscription Agreement between the City of Boynton Beach and American 123 of 506 Funding Innovators, Inc. for the term November 1, 2014 through October 31, 2015 in the amount of $7,825, and authorize the City Manager to sign the Software Subscription Agreement, a copy of the Agreement is attached hereto as Exhibit “A”. Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of September, 2014. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor ______________________________ Vice Mayor – Joe Casello ______________________________ Commissioner – David T. Merker _______________________________ Commissioner – Mack McCray _______________________________ Commissioner – Michael M. Fitzpatrick ATTEST: _________________________ Janet M. Prainito, MMC, City Clerk (Corporate Seal) 124 of 506 125 of 506 126 of 506 127 of 506 128 of 506 129 of 506 130 of 506 131 of 506 132 of 506 133 of 506 134 of 506 6. F CONSENT AGENDA September 16, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 16, 2014 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. R14-091 - EQUESTED CTION BY ITY OMMISSION Approve Subordination Agreement allowing for a subordination of the City's Mortgage for Arden nd & Sandra Gayle of 702 S.W. 2 Street, Boynton Beach, Florida, 33435, and authorizing the City Manager to execute the Subordination Agreement. ER: Subordination is, by definition, the acceptance by a XPLANATION OF EQUEST lender in first position on a mortgage of new priority charges, claims, or mortgages on a given property. In subordination the original lender loses its priority position on the property and becomes the subordinate to the new charge, claim or mortgage. In this case, Arden & Sandra Gayle purchased their home through the City’s First Time Homebuyer Program in 2009; their first mortgage was financed at that time with Seaside National Bank & Trust for $161,986 at 6.00%, maturing in February of 2039. The Arden’s want to refinance their home to a current 30 year, conventional mortgage in the amount of $150,722 at 4.75%. This will reduce their monthly payment by $116.31. The City’s second mortgage is $13,000 and The Boynton Beach Community Redevelopment Agency (CRA) holds a third mortgage in the amount of $50,000. The request for subordination of this mortgage was approved at the CRA’s September 9, 2014 agenda. H? There is no affect to City OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES programs or services; the Arden’s are merely taking advantage of an prudent opportunity to lower their housing costs. 135 of 506 FI: There is no fiscal impact, as the City’s mortgage will retain second ISCAL MPACT position. However,with today’s financial climate, there is no assurance that the Arden’s will be able to get this rate and term without acting as soon as possible. A: Not to subordinate the mortgage. LTERNATIVES 136 of 506 RESOLUTION NO. R14-091 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE SUBORDINATION OF THE CITY’S MORTGAGE WITH ARDEN M. GAYLE AND SANDRA K. GAYLE, IN FAVOR OF BANK OF AMERICA, N.A; AUTHORIZING THE CITY MANAGER TO EXECUTE THE SUBORDINATION AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, upon recommendation of staff, the City Commission has determined that it is in the best interests of the residents of the City to authorize the City Manager to execute a Subordination Agreement in favor of Bank of America N.A., for Arden M. Gayle and Sandra K. Gayle, his wife. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve the request for subordination of the City’s Mortgages and authorize the City Manager to execute the Subordination Agreement for Arden M. Gayle and Sandra K. Gayle in favor of Bank of America, N.A., a copy of which is attached hereto as Exhibit “A”. Section 3. This Resolution shall become effective immediately upon passage. 137 of 506 PASSED AND ADOPTED this _____ day of September, 2014. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor ______________________________ Vice Mayor – Joe Casello ______________________________ Commissioner – David T. Merker _______________________________ Commissioner – Mack McCray _______________________________ Commissioner – Michael M. Fitzpatrick ATTEST: _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 138 of 506 This Instrument Prepared by: Stacey R. Weinger, Esquire GOREN, CHEROF, DOODY AND EZROL, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 SUBORDINATION AGREEMENT THIS SUBORDINATION AGREEMENT (the “Agreement”) is made this _____ day of September, Bank of 2014 by the City of Boynton Beach, a Florida municipal corporation, (the "CITY") in favor of America, N.A. , (“Lender”). W I T N E S S E T H: WHEREAS, the CITY is the owner and holder of that certain Second Mortgage and Security Agreement in the original principal amount of Thirteen Thousand and 00/100 Dollars ($13,000.00), executed on February 4, 2009, which Mortgage was recorded on February 18, 2009, in Official Records Book 23084, Page 0503 of the Public Records of Palm Beach County, Florida (collectively referred to as the “Mortgage”) by Arden M. Gayle, a married man and Sandra K. Gayle, his spouse (collectively referred to as the “Mortgagors”), and WHEREAS, Mortgagors are the owners in fee simple of the following described real property (the “Property”), which Property is encumbered by the Mortgage: Lot 181, Block C, BOYNTON HILLS, according to the Plat thereof, recorded in Plat Book 4, Page 51 of the Public Records of Palm Beach County, Florida. Tax Parcel No. 08-43-45-21-07-003-1810 WHEREAS, Lender has agreed to refinance the Mortgagors loan, and grant a mortgage loan to the Mortgagors in the amount of $150,722.00 to be secured by a first mortgage encumbering the Property (hereinafter the “New Mortgage”), provided that the CITY’s Mortgage, currently in second position, is subordinated to the New Mortgage; THEREFORE, in consideration of the sum of Ten Dollars and 00/100 ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the CITY hereby represents, covenants and agrees as follows: 1. The foregoing recitals are true and correct and incorporated herein as if set forth in full. 2. The Mortgage has not been assigned, pledged or transferred in any manner whatsoever other than as set forth above. 3. The Mortgage is and shall be subject, subordinate, junior and inferior to the New Mortgage in the principal amount of $150,722.00 given by Mortgagors to Lender, of even date and simultaneously recorded herewith in the Public Records of Palm Beach County, 139 of 506 Florida. This subordination is only to the extent of the $150,722.00 loan and does not apply to any addition or future advances which may be made under the New Mortgage. 4. This Agreement shall bind and inure to the benefit of the parties hereto, their respective heirs, successors and/or assigns. IN WITNESS WHEREOF the undersigned has duly executed this Agreement on September, _____, 2014. CITY OF BOYNTON BEACH, a Signed, sealed and delivered Florida municipal corporation in the presence of: ____________________________ _______________________________ By: Lori LaVerriere, City Manager ____________________________ STATE OF FLORIDA COUNTY OF PALM BEACH Lori The foregoing instrument was acknowledged before me on this day of September, 2014 by LaVerriere, City Manager of theCity of Boynton Beach , on behalf of the CITY, who is either personally known to me or has produced a Florida Driver’s License as identification. ________________________________ NOTARY PUBLIC 140 of 506 141 of 506 142 of 506 143 of 506 144 of 506 145 of 506 146 of 506 147 of 506 148 of 506 149 of 506 150 of 506 151 of 506 152 of 506 153 of 506 154 of 506 155 of 506 156 of 506 6. G CONSENT AGENDA September 16, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 16, 2014 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. R14-092 - EQUESTED CTION BY ITY OMMISSION Approve and authorize the City Manager to enter into an interlocal agreement for law enforcement services between Palm Beach County and the City of Boynton Beach/Boynton Beach Police Department for the administering of the manatee protection conservation program. ER: The Board of County Commissions has established and is XPLANATION OF EQUEST administering a program of conservation and is entering into agreements with other governmental agencies within the boundaries of the County for performance of authorized functions. The Florida Governor and Cabinet have designated Palm Beach county as one of the thirteen “key” manatee counties and the Board of County Commissioners has approved a Manatee Protection Plan that provides for increased law enforcement presence in the County’s waterways, as one means of greater manatee protection. The County will reimburse the City at a rate of $87.50 per hour for services performed under this agreement. The City received the reimbursement in previous years in the following amounts: FY 11/12 $19,906 FY 12/13 $21,933 FY 13/14 $16,975 The Florida Fish and Wildlife Conservation Commission has demonstrated that an increase in law enforcement presence is the most effective means to gain compliance with boater speed zones. Therefore, the County wishes to increase the hours of patrol 157 of 506 and enforcement in estuarine waters of Palm Beach County. This will improve compliance with boater and manatee protection speed zones, and reduce the risks to manatees and members of the public. H? The Boynton Beach Police OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Department Marine Unit will provide law enforcement officer(s) to patrol the waters of the Enforcement Area and enforce all applicable laws. The law enforcement officer(s) will provide services during Manatee Season as specified in the agreement. The services per this agreement will be in addition to the regular patrol functions of the Marine Unit and will not decrease the current coverage/enforcement functions of the Unit. The City of Boynton Beach/Boynton Beach Police Department previously had an agreement with the Palm Beach County for the same from 11/15/11-03/31/14 which was signed under R11-085. FI: The funds will be drawn from the following accounts: Overtime (001- ISCAL MPACT 2110-521-14-10), Gas/Oil/Lube (001-2110-521-52-10), and Equipment Maintenance (001-2110-521-4620). Other contractual services will be used for any maintenance/repair on an as needed basis. A: Not to approve the Interlocal Agreement LTERNATIVES 158 of 506 RESOLUTION R14-092 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT FOR LAW ENFORCEMENT SERVICES BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH FOR THE ADMINISTRATION OF THE MANATEE PROTECTION CONSERVATION PROGRAM FROM NOVEMBER 15, 2014 THROUGH MARCH 31, 2018; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners has established and is administering a program of conservation that provides for increased law enforcement presence in the County’s waterways, as one means of greater manatee protection; and WHEREAS, the Interlocal Agreement allows for the use of law enforcement officers from the Boynton Beach Police Department and for the reimbursement for law enforcement services at a rate of $87.50 per hour for services performed under the Interlocal Agreement; and WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of staff, deems it to be in the best interest of the citizens and residents of the City of Boynton Beach to authorize the City Manager and City Clerk to enter into the Interlocal Agreement with Palm Beach County for the administering of the Manatee Protection Conservation Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Manager and City Clerk are authorized to enter into an Interlocal Agreement between the City of Boynton Beach and Palm Beach County for the administration of the Manatee Protection Conservation Program from November 15, 2014 through March 15, 2018, a copy of the Agreement is attached hereto and made a part here as Exhibit “A”. 159 of 506 Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of September, 2014. CITY OF BOYNTON BEACH, FLORIDA _____________________________ Mayor – Jerry Taylor _____________________________ Vice Mayor – Joe Casello _____________________________ Commissioner – David T. Merker _____________________________ Commissioner – Mack McCray ______________________________ Commissioner – Michael M. Fitzpatrick ATTEST: _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 160 of 506 INTERLOCAL AGREEMENT FOR LAW ENFORCEMENT SERVICES BETWEEN PALM BEACH COUNTY AND ______________________________________ THIS AGREEMENT is made this day of , 2014, between City of Boynton Beach (hereinafter “Contractor”), and Palm Beach County, a political subdivision of the State of Florida, by and through its Board of Commissioners (hereinafter “County”), hereinafter referred to collectively as the “parties.” WITNESSETH WHEREAS, Section 163.01, Florida Statutes, known as the “Florida Interlocal Cooperation Act of 1969" authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies as defined therein to enter into interlocal agreements with each other to jointly exercise any power, privilege, or authority that such agencies share in common and that each might exercise separately; and WHEREAS, pursuant to Chapter 125.01, Florida Statutes, the Board of County Commissioners of Palm Beach County is empowered to establish and administer programs of conservation and to enter into agreements with other governmental agencies within or outside the boundaries of the County for joint performance, or performance of one unit on behalf of the other, of any of either governmental entity’s authorized functions; and WHEREAS, in October of 1989, the Florida Governor and Cabinet directed thirteen (13) “key” manatee counties, including Palm Beach County, to prepare a Manatee Protection Plan (“MPP”); and WHEREAS, on August 21, 2007, the Board of County Commissioners approved a MPP that provides for increased law enforcement presence in the County’s waterways, as one means to provide greater manatee protection; and WHEREAS, on December 18, 2007, the Board of County Commissioners approved a Resolution (2007-2277) with a standard form Interlocal Agreement with law enforcement agencies for an increased law enforcement presence in the estuarine waters of Palm Beach County during manatee season; and WHEREAS, it is in the interest of the Board of County Commissioners to approve a revised standard form Interlocal Agreement for law enforcement services during manatee season; and WHEREAS, studies performed by the Florida Fish and Wildlife Conservation Commission have demonstrated that the increased law enforcement presence is the most effective means to gain compliance with boater speed zones; and 161 of 506 WHEREAS, the parties wish to enter into an agreement for the provision of an increased level of marine law enforcement services during manatee season, as provided herein. NOW THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the Contractor and the County agree as follows: 1)Recitals The recitals set forth above are true and correct and form a part of this Agreement. 2)Purpose. The purpose of this Interlocal Agreement (the “Agreement”) is to provide for additional marine law enforcement services within estuarine waters of the County during manatee season, which begins November 15th and ends the following March 31st. The law enforcement services provided herein are intended to be in addition to the level of law enforcement services already provided by the Contractor and are not a replacement for said services. 3)Location of Law Enforcement Services The Contractor shall provide marine law enforcement services, hereinafter referred to as “services”, within the geographical area over which it has jurisdiction to enforce the law, such shall be hereafter referred to as the “Enforcement Area” and is included within the estuarine waters of Palm Beach County which are more specifically described in Exhibit “A”. 4)Responsibility of Contractor A. The Contractor shall enforce State statutes, administrative rules, local and County ordinances related to vessel control, marine resource protection, and manatee protection; assist in the investigation, apprehension, and prosecution of violators of existing boat and manatee protection speed zones; assist in the monitoring of waterway markings and regulatory signs in the Enforcement Area; and assist in educating boaters about manatee and boater safety issues. B. During the term of this Agreement, the Contractor shall provide law enforcement officer(s) to patrol the waters of the Enforcement Area and to enforce all applicable laws. The law enforcement officer(s) shall provide services on Saturday, Sunday and Martin Luther King Jr. and President’s Day between the hours of 6 A.M. and 6 P.M. During the term of this Agreement, the Contractor shall provide law enforcement services on any day or times aside from a Saturday, Sunday and the above-cited holidays at the request of the County. Requests for the provision of law enforcement services on a day or days in addition to the regularly scheduled days or times shall be made in writing prior to the date when such services are needed. C. The Contractor shall furnish and supply all labor, supervision, equipment (including but not limited to a vessel), insurance, and supplies necessary to perform under this Agreement. D. All marine officers performing services pursuant to this Agreement must be knowledgeable of State statutes, administrative rules, local and County ordinances related to vessel control, marine resource protection, manatee protection, existing boat and manatee protection speed zones, waterway markings, regulatory signs in the enforcement areas and must have the knowledge necessary to assist in educating boaters about manatee and boater safety issues.The County may request documentation of training and experience of each officer who 162 of 506 performs services under this Agreement to ensure that such officers are qualified to perform services pursuant to this Agreement. E. The Contractor shall submit invoices for payment to the County on a monthly basis. Invoices shall include a reference to this Agreement, identify the amount due and payable to the Contractor, and include records sufficient to substantiate the costs incurred. Invoices shall be in sufficient detail for pre-audit and post-audit review. The Contractor shall provide the following information with the invoice: Standard Marine Enforcement Monthly Report Form (form to be provided by the County); documentation of warnings and citations issued to violators by the Contractor; and monthly payroll documentation for hours worked by any officer who performs services under the terms of this Agreement. Unless explicitly requested by the County, the County will not reimburse the Contractor for the presence of more than one officer per boat. F. In the event that during the term of this Agreement an officer issues a citation, which is challenged in the Palm Beach County court system, the Contractor shall immediately inform the County. The County will then determine whether the Contractor will be reimbursed under the terms of this Agreement for the time expended by the officer to attend such court proceeding. 5)Responsibility of the County A. The County will reimburse the Contractor for law enforcement services as provided for herein at the rate of $87.50 per hour per officer for on-water enforcement activity and approved court proceedings, which includes the cost of salaries, fringe benefits, and all other services and expenses incurred by the Contractor in the fulfillment of this Agreement. The County will reimburse the Contractor on a monthly basis at the rate provided herein, provided that a proper invoice detailing such services is received and approved by the County. In no event shall the total amount paid to the Contractor by the County exceed a total amount set annually by the County by October 1st of each year, which will be defined in an award letter (“Award Letter”) sent to the Contractor each year by the Director of the Department of Environmental Resources Management (the “Director”) prior to the beginning of manatee season. th January 15 B. The County may perform an evaluation of each Contractor after of each year to assess the quality and quantity of services being performed by the Contractor between November 15 and January 15 of each year. If it appears that the Contractor is not providing sufficient law enforcement services to expend the funds set aside for the Contractor per the Award Letter, the Director may issue an amended award letter (“Amended Award Letter”) to the Contractor reducing the funds set aside for the Contractor in the Award Letter so that such funds may be reallocated to more productive Contractor(s). 6)Effective Date and Term of the Agreement This Agreement shall take effect November 15, 2014 and shall terminate on March 31, 2018, unless earlier terminated as provided herein or extended by the parties. 7)Authorized Representative A. The County’s authorized representative is the Director of the Department of Environmental Resources Management, (561) 233-2400, West Palm Beach, Florida, or his designee. B.The Contractor’s authorized representative is Officer Jaclyn Smith (561) 742-6195, or his/her successor. 163 of 506 8)Independent Contractor A. The parties shall be considered independent contractors, and no party shall be considered an employee or agent of any other party. Nothing in this Agreement shall be interpreted to establish any relationship other than that of independent contractor between the parties and their respective employees, agents, subcontractors, or assigns during or after the performance of this Agreement. No person employed by any party to this Agreement shall, in connection with the performance of this Agreement or any services or functions contemplated hereunder, at any time, be considered the employee of the other party, nor shall an employee claim any right in or entitlement to any pension, worker’s compensation benefit, unemployment compensation, civil service, or other employee rights or privileges granted by operation of law or otherwise, except through and against the entity by whom they are employed. B. All employees and agents of the Contractor who perform any act or service under the terms of this Agreement shall at all times be considered employees of the Contractor and not of the County. The Contractor will be responsible for supervising, disciplining, and setting policies pertaining to terms and conditions of employment for those employees performing Services as provided herein. C. The Contractor does not have the power or authority to bind the County in any promise, agreement or representation. 9)Payment A. For reimbursement to occur, the Contractor shall submit invoices to the County that shall include a reference to this Agreement, identify the amount due and payable to the Contractor, and include records sufficient to substantiate the costs incurred. Invoices shall be itemized in sufficient detail for prepayment audit thereof. The Contractor shall provide additional documentation to support any invoice if requested by the County. Invoices received from the Contractor shall be reviewed by the Department of Environmental Resources Management and upon approval shall be sent to the County’s Finance Department for final approval and payment. Invoices will normally be paid within forty-five (45) days of receipt. In the case of a dispute involving the amounts due to the Contractor, payment may be delayed. B. In order for both parties herein to close their books and records at the conclusion of each manatee season, the Contractor will clearly state "final invoice" on the Contractor’s final/last invoice to the County. The Contractor will submit the final invoice within thirty (30) days from the end of the manatee season. This shall constitute the Contractor’s certification that all services have been properly performed and all charges and costs have been invoiced to the County. Any other charges not properly included on this final invoice are waived by the Contractor. 10)Compliance with Codes and Laws Each party agrees to abide by all applicable laws, orders, rules, and regulations in the performance of this Agreement. 11)Access to Records and Audits The parties shall maintain, in accordance with generally accepted governmental auditing standards, all financial and non-financial records and reports directly or indirectly related to the negotiation or performance of this Agreement including supporting documentation. The parties shall have the right to examine in accordance with generally accepted governmental auditing 164 of 506 standards all records directly or indirectly related to this Agreement. Such examination may be made only upon reasonable notice, time and place. In the event that the parties should become involved in a legal dispute with a third party arising from performance under this Agreement, the parties shall extend the period of maintenance for all records relating to the Agreement until the final disposition of the legal dispute, and all such records shall be made readily available to the parties. Palm Beach County has established the Office of the Inspector General in Palm Beach County Code, Section 2-421 - 2-440, as may be amended. The Inspector General’s authority includes but is not limited to the power to review past, present and proposed County contracts, transactions, accounts and records, to require the production of records, and to audit, investigate, monitor, and inspect the activities of the Contractor, its officers, agents, employees, and lobbyists in order to ensure compliance with contract requirements and detect corruption and fraud. Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be in violation of Palm Beach County Code, Section 2-421 - 2-440, and punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor. 12)Funding This Agreement is expressly contingent upon annual appropriations by the Palm Beach County Board of County Commissioners. 13)Notice Any notice required or permitted to be given under this Agreement shall be in writing and shall be hand delivered, faxed, or mailed (by certified mail, return receipt requested) to the respective addresses/recipients specified below: As to the Contractor: City of Boynton Beach Attn: City Manager Address: 100 E. Boynton Beach Blvd. City, State, Zip: Boynton Beach, FL. 33435 Fax: 561-742-6011 Copy to: Boynton Beach Police Department Attn: Officer Jaclyn Smith 100 E. Boynton Beach Blvd. Boynton Beach, FL. 33435 561-742-6847 As to County: Palm Beach County Director of Department of Environmental Resources Management 2300 N. Jog Road - 4th Floor West Palm Beach, FL 33411-2743 Fax: (561) 233-2414 Copy to: Palm Beach County 165 of 506 Attn: County Attorney for ERM 301 North Olive Avenue, Suite 601 West Palm Beach, FL 33401 All notices required by this Agreement shall be considered delivered upon receipt. Should any party change its address, written notice of such new address shall promptly be sent to the other party. 14)Default, Termination, Opportunity to Cure A. The parties expressly covenant and agree that in the event either party is in default of its obligations under this Agreement, the party not in default shall provide to the defaulting party ten (10) days written notice as an opportunity to cure the deficiency before exercising any of its rights. B. Either party may terminate this Agreement without cause by giving thirty (30) days prior written notice. 15)Waiver or Breach It is hereby agreed to by the parties that no waiver or breach of any of the covenants or provisions of this Agreement shall be construed to be a waiver of any succeeding breach of the same or any other covenant. 16)Indemnification The Contractor shall be responsible, to the extent permitted by law, for the acts of its officers, agents and employees, arising during and as a result of their performance of the terms of this Agreement or due to the acts or omissions of the Contractor. 17)Insurance A. Without waiving the right to sovereign immunity as provided by s.768.28, f.s., the Contractor acknowledges to be self-insured for General Liability and Automobile Liability under Florida sovereign immunity statutes with coverage limits of $200,000 Per Person and $300,000 Per Occurrence; or such monetary waiver limits that may change and be set forth by the legislature. B. In the eventContractor maintains third-party Commercial General Liability the and Business Auto Liability in lieu of exclusive reliance of self-insurance under s.768.28, f.s., The Contractor shall agree to maintain said insurance policies at limits not less than $500,000 combined single limit for bodily injury or property damage. C. The Contractor agrees to maintain or to be self-insured for Worker’s Compensation & Employer’s Liability insurance in accordance with Florida Statute 440. D. When requested, the Contractor shall agree to provide an affidavit or Certificate of Insurance evidencing insurance, self-insurance and/or sovereign immunity status, which the County agrees to recognize as acceptable for the above mentioned coverages. 166 of 506 E. Compliance with the foregoing requirements shall not relieve the Contractor of its liability and obligations under this Agreement. 18)Applicable Law Any litigation arising from or relating to this Agreement will be governed by the laws of the State of Florida and the venue in any such proceeding will be exclusively in Palm Beach County, Florida. 19)Severability In the event that any section, paragraph, sentence, clause, or provision of this Agreement is held to be invalid by a court of competent jurisdiction, such will not affect the remaining portions of this Agreement and the same will remain in full force and effect. 20)Enforcement Costs Any costs or expenses, including reasonable attorney’s fees, associated with the enforcement of the terms or conditions of this Agreement will be borne by the respective parties. This provision pertains only to the parties to the Agreement. 21)Counterparts This Agreement may be executed in two (2) or more counterparts, each of which will be deemed an original, all of which together will constitute one (1) and the same instrument. 22)Captions The captions and section designations set forth herein are for convenience only and have no substantive meaning. 23)Exhibits The Exhibits referred to and attached to this Agreement are incorporated herein in full by this reference. 24)Assignment This Agreement is not assignable by either party. 25)Non-Discrimination The County and the Contractor agree that no person shall, on the grounds of race, color, sex, national origin, disability, religion, ancestry, age, marital status, sexual orientation, familial status, gender identity or gender expression, or genetic information be excluded from the benefits of, or be subjected to any form of discrimination under any activity carried out by the performance of the Agreement. 26)Construction This Agreement shall not, solely as a matter of judicial construction, be constructed more severely against one of the parties than the other. 27)Modification and Amendment Except as expressly permitted herein to the contrary, no modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formalities used to execute this Agreement. 28)Entirety of Agreement 167 of 506 This Agreement represents the entire understanding between the parties, and supersedes all other negotiations, representations, or agreement, either written or oral, relating to this Agreement. 29)No Third Party Beneficiaries No provision of this Agreement is intended to, or shall be construed to, create any third party beneficiary or to provide any rights to any person or entity not a party to this Agreement, including but not limited to any citizen or employees of the County and/or the Contractor . 31)Remedies . No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity, by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. PALM BEACH COUNTY, FLORIDA BY: _____________________________ __________________________ Robert Robbins, Director Approved as to Terms and Conditions PBC Environmental Resources Management APPROVED TO FORM AND City of Boynton Beach LEGAL SUFFICIENCY: By:____________________________ City Manager ________________________ County Attorney 168 of 506 EXHIBIT A 169 of 506 170 of 506 6. H CONSENT AGENDA September 16, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 16, 2014 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. R14-093 - EQUESTED CTION BY ITY OMMISSION Approve the proposed fee schedule for Certificate of Use and Occupancy, Strategic Plan item 3.1 ER: At the September 3, 2014 meeting, Commission adopted XPLANATION OF EQUEST Ordinance No. 14-018 amending Chapter 13 “Licenses”, renaming the application review to “Business Use Certificate” and clarifying inspection process and provided for fees associated with “Certificate of Use and Occupancy”. The attached Resolution and fee schedule sets the fees for that process. H? Recovery of expenses associated OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES with administration of the Certificate of Use and Occupancy process. FI: Approximately $250,000 ISCAL MPACT A: Adjust the recommended fees LTERNATIVES 171 of 506 RESOLUTION NO. R14-093 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE FEE SCHEDULE FOR CERTIFICATE OF USE AND OCCUPANCY, AND PROVIDING AN EFFECTIVE DATE WHEREAS , the City Commission approved, via Ordinance 14-018, amending the City’s Code of Ordinances, Chapter 13, “Licenses”, renaming the application review to “Business Use Certificate” and clarifying the inspection process and providing for fees associated with “Certificate of Use and Occupancy”; and WHEREAS, the fee scheduled attached to this Resolution sets the fees for that process; and WHEREAS , the City Commission for the City of Boynton Beach approves the proposed fee schedule for Certificate of Use and Occupancy and finds is necessary and is in the best interest of the health, safety and welfare of the citizens or residents of Boynton Beach. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The above referenced whereas clauses are incorporated herein by reference. Section 2. The Certificate of Use and Occupancy Fee schedule attached hereto as Exhibit “A”, incorporated herein by reference, is hereby adopted as the fee schedule for those related activities as indicated on the Fee Schedule. A copy of the Fee Schedule shall be maintained and made available for public inspection in the City Clerk’s office as well as the Development Department. Section 3. This Resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED this _______ day of September, 2014. CITY OF BOYNTON BEACH, FLORIDA 172 of 506 ____________________________________ Mayor – Jerry Taylor ____________________________________ Vice-Mayor – Joe Casello ____________________________________ Commissioner – David T. Merker ____________________________________ Commissioner – Mack McCray ____________________________________ Commissioner – Michael Fitzpatrick ATTEST: ________________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 173 of 506 174 of 506 6. I CONSENT AGENDA September 16, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 16, 2014 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. R14-094 - EQUESTED CTION BY ITY OMMISSION Amend the FY 2013-2014 budget to adjust budgeted appropriations and revenue sources to provide spending authority for Operating and Capital Improvement Projects as needed to cover anticipated expenditures for the remainder of FY 2013-2014. ER: XPLANATION OF EQUEST The FY 13/14 Budget was adopted in September of 2013, as a result of normal day to day operations of the City there is a need to adjust various funds, departments and line items within the adopted budget to reflect actual expenditures for FY 13/14. This request is considered a normal in the annual budget process. Budget adjustments between departments or that will increase a Fund’s total appropriations require City Commission approval. (1) The General Fund (001) budget and budgets for other funds have been modified to accommodate for unforeseen events or shortfall of funding. Staff is requesting approval of these budget adjustments made during FY2013-14. (2) The City’s past practice for all City funds is that any budgeted and unspent appropriations are cancelled at the end of each fiscal year and the unspent money becomes part of the fund balance of each fund. Most capital projects span multiple years and continue into the following year. However, under best budgeting practices and governmental accounting standards, we should re- appropriate these funds to provide the continued spending authority for these projects. 175 of 506 Accordingly during FY2013-14 necessary budget modifications have been made in various Funds between department/divisions. Thus adopted appropriations for some department line items have been presented on Exhibit A. Staff is requesting approval for the budget adjustments made in FY2013-14. The General Fund appropriation for FY2013-14 will increase as a result needed transfers or appropriation of fund balance.  The General Fund has various line items that need adjusted, resulting in the total General Fund appropriations increasing from $71,267,135 to $71,416,503;  The Traffic Fund appropriations will be amended from $1,493,840 to $1,243,840 to adjust appropriations based on current operations;  The Community Improvement Fund will be amended from $337,004 to $397,004 to adjust appropriations for operational expenses;  The Public Art Fund will be amended from $117,200 to $134,300 to adjust appropriations for additional current year expenses;  The Capital Improvement Fund will be amended from $1,642,030 to $1,682,958 to adjust appropriations for capital projects;  The Water & Sewer Utility Fund will be amended from $$39,167,124 to $39,617,124 to provide funding for unanticipated operating expenses;  The Water & Sewer Utility Capital Fund will be amended from $34,439,600 to $39,464,600 to provide appropriations for contracts approved in FY13/14;  The Sanitation Fund will be amended from $11,508,527 to $11,938,527 to cover higher than anticipated disposal costs;  The Fleet Maintenance Fund will be amended from $8,588,112 to $8,738,112 due to higher than anticipated parts and supplies for repairs;  The Self Insurance Fund will be amended from $3,100,000 to $3,208,000 to cover additional legal costs and higher than anticipated self-insured claims. H? The City would continue to follow OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES good and appropriate budgeting practices. FI: See Exhibit A for a summary of the fiscal impact. ISCAL MPACT A: Not approve budget amendment which could cause insufficient LTERNATIVES approved budget for FY 13/14. 176 of 506 RESOLUTION R14-094 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE ADOPTED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2013, AND ENDING SEPTEMBER 30, 2014; PROVIDING FOR SEVERABILITY, CONFLICTS, AND AN EFFECTIVE DATE. WHEREAS, an adopted budget has been prepared by the City Manager estimating expenditures and revenues of the City of Boynton Beach for the fiscal year 2013-2014; and WHEREAS, the City Manager has made recommendations as to amend the amount necessary to be appropriated for fiscal year 2013-2014; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the Boynton Beach, Florida, hereby amends the FY 2013-2014 budget for the various Funds. A copy of such amendments is attached hereto as Exhibit “A” and the appropriations set out therein for the fiscal year beginning October 1, 2013 and ending September 30, 2014, to maintain and carry on the government of the City of Boynton Beach. Section 3. That there is hereby appropriated revised amounts to the General Fund, Traffic Fund, Community Improvement Fund, Public Arts Fund, Capital Improvement Fund, Utility Funds (including Utility General Fund and Utility Capital Improvement Fund), Sanitation Fund, Vehicle (Fleet) Fund, and the Risk Management Fund (see Exhibit A) pursuant to the terms of the budget. Section 4. If any clause, section or other part of this Resolution shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and shall in no way affect the validity of the remaining portions of this Resolution. Section 5. All Resolutions or parts of Resolutions in conflict herewith are hereby 177 of 506 repealed to the extent of such conflict. Section 6. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 16th day of September, 2014. CITY OF BOYNTON BEACH, FLORIDA ____________________________ Mayor – Jerry Taylor ____________________________ Vice Mayor – Joe Casello ____________________________ Commissioner – David Merker ____________________________ Commissioner – Mack McCray ____________________________ Commissioner – Michael Fitzpatrick ATTEST: ________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 178 of 506 179 of 506 180 of 506 181 of 506 182 of 506 6. J CONSENT AGENDA September 16, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 16, 2014 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 written report to the Commission for EQUESTED CTION BY ITY OMMISSION purchases over $10,000 for the month of August 2014. ER: Per Ordinance No.01-66, Chapter 2, Section 2-56.1 XPLANATION OF EQUEST Exceptions to competitive bidding, Paragraph b, which states: “Further, the City Manager, or in the City Manager’s absence, the Acting City Manager is authorized to execute a purchase order on behalf of the City for such purchases under the $25,000 bid threshold for personal property, commodities, and services, or $75,000 for construction. The City Manager shall file a written report with the City Commission at the second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City Manager. Below is a list of the purchases for August 2014: Purchase Order Vendor Amount 141249 Flamingo Shop Serv $ 20,790.87 141257 Jantech Services, Inc. $ 12,651.00 141260 Champion Solutions Group $ 11,760.00 141300 Lyle Sumek Associates, Inc. $ 19,809.34 141302 Carollo Engineers, Inc. $ 24,000.00 141309 Carollo Engineers, Inc. $ 24,500.00 141318 & 141319 The BG Group, LLC $16,575.00 H? Ordinance No.01-66, Chapter 2, OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Section 2-56.1 assists departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled “Request for Purchases over $10,000” and each purchase 183 of 506 request is reviewed and approved by the Department Director, Finance Department, and City Manager. FI: This Ordinance provides the impact of reducing paperwork by ISCAL MPACT streamlining processes within the organization. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead of processing for approval, and allow for making more timely purchases. A: None LTERNATIVES 184 of 506 185 of 506 186 of 506 187 of 506 188 of 506 189 of 506 190 of 506 191 of 506 192 of 506 193 of 506 194 of 506 195 of 506 196 of 506 197 of 506 198 of 506 199 of 506 200 of 506 201 of 506 202 of 506 203 of 506 204 of 506 205 of 506 206 of 506 207 of 506 208 of 506 209 of 506 210 of 506 211 of 506 212 of 506 213 of 506 214 of 506 215 of 506 216 of 506 217 of 506 218 of 506 219 of 506 220 of 506 221 of 506 222 of 506 223 of 506 224 of 506 225 of 506 226 of 506 227 of 506 228 of 506 229 of 506 230 of 506 231 of 506 232 of 506 233 of 506 234 of 506 235 of 506 236 of 506 237 of 506 238 of 506 239 of 506 240 of 506 241 of 506 242 of 506 243 of 506 244 of 506 245 of 506 246 of 506 247 of 506 248 of 506 249 of 506 250 of 506 251 of 506 252 of 506 253 of 506 254 of 506 255 of 506 256 of 506 257 of 506 258 of 506 259 of 506 260 of 506 6. K CONSENT AGENDA September 16, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 16, 2014 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 Dr. Carmela Nanton, an EQUESTED CTION BY ITY OMMISSION alternate member of the Education and Youth Advisory Board ER: Dr. Nanton sent a letter explaining circumstances beyond XPLANATION OF EQUEST her control prevents her from being a member of Education and Youth Advisory Board and attending the meetings. H? The Education and Youth Advisory OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Board will have a vacancy. FI: N/A ISCAL MPACT A: None LTERNATIVES 261 of 506 262 of 506 6. L CONSENT AGENDA September 16, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 16, 2014 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 Michael Bessell, a regular EQUESTED CTION BY ITY OMMISSION member of the Building Board of Adjustment and Appeals. ER: Michael Bessell sent an email explaining he was relocating XPLANATION OF EQUEST and it would prevent him from being a member of the Building Board of Adjustment and Appels and attending the meetings. H? The Building Board of Adjustment OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES and Appeals will have a vacancy. FI: N/A ISCAL MPACT A: None LTERNATIVES 263 of 506 Begin forwarded message: From: <MBessell@aol.com> Date: August 27, 2014 at 7:44:58 AM EDT To: <prainitoj@bbfl.us> Subject:Building Boardd Good morning, This e-mail is to let you know that I will no longer be able to serve of the Building Board of Adjustment and Appeals. I am moving out of the City of Boynton Beach next week. It has been a pleasure serving and give my thanks to all ,especially Jamie Ann Wooley , she is a delight and very informative and extremely helpful.. All city employees should have an attitude like hers. Thank you, Michael F. Bessell Chairman Building Board of Adjustment and Appeals P.S. Not to slight anyone but the assistants you sent to record the minutes are also top notch. However the meeting are so far and few their names slip my memory for now. 264 of 506 6. M CONSENT AGENDA September 16, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 16, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Authorize the Finance Department to reduce the EQUESTED CTION BY ITY OMMISSION Allowance for Uncollectible Accounts and the Accounts Receivable Accounts by $192,367.50. This amount reflects unpaid ALS Transportation billings that have been in collections for 18 months or longer. ER: Per Florida Statutes Title VIII 95.11, the city has four (4) XPLANATION OF EQUEST years to collect an outstanding debt. It has been determined that these accounts are unlikely to be collected at this point and the appropriate action is to write them off completely. Attempts by the City and its Collection Agency to collect these past due amounts have been exhausted since a majority of the accounts are from uninsured patients. The $192,367.50 represents 528 medical incident transportations from 2006 through 2009. The City establishes an amount for the allowance for uncollectible accounts annually based on overall outstanding receivables. By doing this the requested write off approval will have no impact on the City’s financial statements. It is prudent to review at least annually the collectability of accounts that have been sent to the collection agency to determine the benefit of having the collection agency continue to attempt to collect the older accounts. Attached is a schedule of amounts by name and account number. A summary of the amounts to be written off and what percentage of the annual revenue for that year it represents is: 265 of 506 Year Amt to Write off Annual Revenue % W/O of Revenue 2006 $ 778.00 $ 975,714.23 0.08% 2007 $ 12,697.50 $ 887,177.63 1.43% 2008 $ 39,550.16 $1,058,145.68 3.74% 2009 $ 139,346.84 $1,431,582.60 9.73% $ 192,367.50 $4,352,620.14 4.42% As a point of information staff has collected the following data concerning other governmental agencies and amounts that have been written off in recent years: Agency Amount Year % of Revenue West Palm Beach $24M 2014 29% Manatee County, FL $461,000 2014 22% City of Palo Alto, CA $533,000 2007 41% Collier County, FL $11.5M 2010 29% Horry County(Myrtle Beach) $16M 2011 31% H? None. OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: None since this amount has already been accounted for in the ISCAL MPACT Allowance for Uncollectible Accounts on the financial statements. A: Continue to carry the unpaid accounts in the Accounts Receivable LTERNATIVES Accounts and the Allowance for Uncollectible Accounts. 266 of 506 267 of 506 268 of 506 269 of 506 270 of 506 271 of 506 272 of 506 273 of 506 274 of 506 275 of 506 276 of 506 277 of 506 6. N CONSENT AGENDA September 16, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 16, 2014 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 utilizing Lyle Sumek Associates, Inc. to EQUESTED CTION BY ITY OMMISSION provide services in connection with the City's strategic planning process during FY 13/14, in the amount $37,500. ER: The City contracted with Lyle Sumek in FY 12/13 to assist XPLANATION OF EQUEST and prepare a strategic plan for the City of Boynton Beach and CRA. There is a necessity to update the plan, goals and priorities on a yearly basis. It was anticipated that the FY 13/14 update process would be within the $25,000 authorization that the City Manager has to procure services. With this being the first year in the process staff requested Mr. Sumek to facilitate our first semi-annual Workshop/Update to the City Commission. These additional workshops were not originally contemplated. Staff believes that management and Commission/CRA Board has benefited from this planning process and the additional assistance was warranted. The anticipated expenditure for FY13/14 will be in excess of $25,000 and in accordance with the City’s procurement policy requiring approval by the City Commission. For FY 14/15 $15,000 has been budgeted for our Strategic Planning and staff does not anticipate the need for any additional funding. H? Will update the City/CRA strategic OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES plan and develop priorities for the upcoming year for staff and Commission to work on to achieve our vision, mission and goals. FI: The $37,500 is available in the FY 13/14 adopted budget. ISCAL MPACT 278 of 506 A: Do not approve the request above the $25,000 or approve some LTERNATIVES alternate amount to enable the annual review and update of the strategic plan to continue. 279 of 506 9. A PUBLIC HEARING September 16, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 16, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve a Conditional Use request to allow a EQUESTED CTION BY ITY OMMISSION funeral home establishment in an existing 3,312 sq. ft. building, within a C-3 (Community Commercial) zoning district. Applicant:: Daryl L. Johnson, Johnson Memorial Chapel, Inc. ER: XPLANATION OF EQUEST Darryl L. Johnson is seeking conditional use approval for the conversion of a 3,312 square foot building to a funeral home establishment. The subject property is located at 2015 South Federal Highway and is currently vacant. The proposed Funeral Home is generally permitted within C-3 zoning districts; however, since this property is within 200 feet of a residential zoning district, conditional use approval is required which includes City Commission review. The Planning & Development Board at their August 26, 2014 meeting voted to approve the Conditional Use request. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: None recommended. LTERNATIVES 280 of 506 281 of 506 282 of 506 283 of 506 284 of 506 285 of 506 286 of 506 EXHIBIT "C" Conditions of Approval Project name: Johnson Memorial Chapel File number: COUS 14-001 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- Solid Waste x Comments: None PUBLIC WORKS – Forestry & Grounds x Comments: None x PUBLIC WORKS- Traffic Comments: None UTILITIES x Comments: None FIRE x Comments: None POLICE x Comments: None ENGINEERING DIVISION x Comments: None BUILDING DIVISION x Comments: None PARKS AND RECREATION x Comments: None FORESTER/ENVIRONMENTALIST 287 of 506 DEPARTMENTS INCLUDE REJECT x Comments: None PLANNING AND ZONING x Comments: 1. Per Chapter 10, Article IV, Section 10-56(a)(3), Property Maintenance Requirements, restriping and resurfacing of the existing parking lot area is required. Restriping to be in compliance with the previously approved plans. Appropriate approvals must be obtained. 2. The applicant must meet with the City’s waste removal x division of Public Works. Based on their operations and type and amount of waste generated, the applicant may request to be issued rollout containers in lieu of a dumpster. 3. Note that any revisions to the site plan require proper x Planning & Zoning approvals. 4. Any existing dead planting material must be replaced and x maintained. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: x None. ADDITIONAL CITY COMMISSION CONDITIONS Comments: x To be determined. 288 of 506 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Johnson Memorial Chapel APPLICANT’S AGENT: Darryl L. Johnson, Johnson’s Memorial Chapel, Inc. APPLICANT: Willie M. McGriff, Johnson’s Memorial Chapel, Inc. AGENT’S ADDRESS: 1105 North Federal Highway, Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 16, 2014 TYPE OF RELIEF SOUGHT: Conditional Use approval to allow a funeral home establishment in an existing 3,312 sq. ft. building, within a C-3 (Community Commercial) zoning district. LOCATION OF PROPERTY: 2015 South Federal Highway (see Exhibit “A” – Location Map) DRAWING(S): SEE EXHIBIT “B” ATTACHED HERETO. _________ THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City’s Land Development Regulations. 2. The Applicant ___ HAS ___ HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit “C” with notation “Included”. 4. The Applicant’s application for relief is hereby ___ GRANTED subject to the conditions referenced in paragraph 3 hereof. ___ DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other ____________________________________________________________ _________________________________________________________________ 289 of 506 DATED:__________________________ ______________________________________ City Clerk 290 of 506 9. B PUBLIC HEARING September 16, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 16, 2014 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. 14-013 - FIRST EQUESTED CTION BY ITY OMMISSION READING - PUBLIC HEARING - Approve High Ridge Landing PUD rezoning (REZN 14-002) from a PUD (Planned Unit Development) with the Master Plan for 110 single-family homes, to a PUD to be combined with adjacent property to the north, establishing a Master Plan consisting of 184 apartments, the Imagine Charter School and athletic fields, located at the NW corner of High Ridge Road and Miner Road. Applicant: Ron Roan, High Ridge Housing, LLC. (TABLED TO 10/7/14) PROPOSED ORDINANCE NO. 14-014 - FIRST READING - PUBLIC HEARING - Approve High Ridge Landing PUD rezoning (REZN 14-002) from R-2 (Single and Two-Family Residential District) to a PUD to be combined with adjacent property to the south establishing a new Master Plan consisting of 184 apartments, the Imagine Charter School and athletic fields, located at the NW corner of High Ridge Road and Minor Road. Applicant: Ron Roan, High Ridge Housing, LLC. (TABLED TO 10/7/14) ER: The proposed rezoning would recreate a PUD (Planned Unit XPLANATION OF EQUEST Development) zoning originally placed on the subject property in 2005, after it was annexed to the City. The PUD was initially approved for 174 units (48 single family homes and 126 townhomes), then modified in 2007 to include 110 single-family homes. However, the prolonged economic downturn thwarted project construction. In 2009, the subject property was split in two after the owner sold a 4.22-acre parcel at the northern portion of the site for development of a charter school. The school’s part of the property was rezoned from PUD to R-2 (Single-and Two Family Residential District), since schools were not allowed in PUD until 2012, when the LDR regulations were 291 of 506 amended. In 2013, the owner sold another 5.31 acre part of the property for a future school recreational area. The request, if approved, would reunite the three properties under the PUD zoning with a new master plan which would include a multifamily residential component with 184 apartments and the existing school with the soon-to-be developed athletic field. The proposed master plan represents relatively little change from the first master plan approved for the property (184 units as compared to 174 units). The property’s future land use classification is Medium Density Residential, which allows for the requested number of units. The type of units—rental apartments—reflects a strong market demand. Moreover, given the proximity of the school, many alternative uses for the property (particularly the previously proposed industrial use) could create compatibility issues. The proposed rezoning is compatible with the current and future use of adjacent and nearby properties: there is a considerable diversity of land uses in proximity of the subject property, from residential uses of various types and densities to institutional and industrial uses. In addition to proximity of the school, and industrial and commercial uses as employment centers, the project is located within ½ mile from the regional transit network of Tri-Rail, giving future residents convenient access to the three-county labor market. The Planning and Development Board recommended denial of the subject request on July 22, 2014. H? No impact on City programs or OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES services. FI: The project would generate approximately $160,000 of annual ISCAL MPACT revenues in ad valorem taxes and fire assessment. The estimate of total annual fees for water, sewer, and stormwater is $58,800. The necessary services can be provided within the existing capacity of the respective city departments: no additional capital outlays or increased staffing would be required. The park impact fee will be $109,480. A: None recommended LTERNATIVES 292 of 506 ORDINANCE NO. 14-013 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF RON ROAN OF HIGH RIDGE HOUSING, LLC., TO REZONE A PARCEL OF LAND LOCATED ON THE NORTHWEST CORNER OF HIGH RIDGE ROAD AND MINER ROAD, AS MORE FULLY DESCRIBED HEREIN, FROM PLANNED UNIT DEVELOPMENT (PUD) WITH MASTER PLAN FOR 110 SINGLE FAMILY HOMES TO PLANNED UNIT DEVELOPMENT (PUD) WITH MASTER PLAN FOR 184 APARTMENTS, IMAGINE CHARTER SCHOOL AND ATHLETIC FIELDS; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE . WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted a Revised Zoning Map for said City; and WHEREAS, Ron Roan has filed a petition on behalf of the owners, High Ridge Housing, LLC., to rezone a parcel of land more particularly described hereinafter; and WHEREAS, the City Commission, following required notice, conducted a public hearing to consider the rezoning and heard testimony and received evidence which the Commission finds supports a rezoning for the property hereinafter described; and WHEREAS , the City Commission finds that the proposed rezoning is consistent with the Land Use described in the City’s Comprehensive Plan; and WHEREAS, the City Commission deems it in the best interests of the inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. Section 2. The following described land located on the Northwest corner of High Ridge Road and Miner Road, as more fully described herein, is hereby rezoned from Planned Unit Development (PUD) with a Master Plan for 110 single-family homes to Planned Unit 293 of 506 Development (PUD) with a Master Plan for 184 apartments, the Imagine Charter School and athletic fields: LEGAL DESCRIPTION: HIGH RIDGE HOUSING, LLC BEING A PORTION OF HIGH RIDGE PUD, PLAT BOOK 109, PAGES 90 THROUGH 93, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID HIGH RIDGE PUD, RUN THENCE NORTH 01°09'29" EAST ALONG THE WEST LINE OF SAID PLAT, A DISTANCE OF 549.75 FEET; THENCE SOUTH 88°50'31" EAST, A DISTANCE OF 51.26 FEET; THENCE NORTH 28°49'12" EAST, A DISTANCE OF 398.90 FEET; THENCE SOUTH 88°09'31" EAST, A DISTANCE OF 234.09 FEET TO A POINT ON THE EAST LINE OF SAID PLAT, SAID EAST LINE ALSO BEING THE WEST RIGHT-OF-WAY LINE OF HIGH RIDGE ROAD; THENCE SOUTH 01°50'29" WEST ALONG SAID EAST LINE AND ALONG SAID WEST RIGHT-OF- WAY LINE, A DISTANCE OF 851.74 FEET; THENCE SOUTH 46°11'53" WEST, A DISTANCE OF 36.07 FEET TO A POINT ON THE SOUTH LINE OF SAID PLAT, SAID SOUTH LINE ALSO BEING THE NORTH RIGHT-OF-WAY LINE OF MINER ROAD; THENCE SOUTH 88°07'03" WEST ALONG SAID SOUTH LINE AND ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 435.45 FEET TO THE POINT OF BEGINNING. CONTAINING 362,997 SQUARE FEET OR 8.33 ACRES. MORE OR LESS. TOGETHER WITH LEARNING EXCELLENCE FOUNDATION OF SOUTH PALM BEACH, INC. ALL OF THE PLAT OF “HIGH RIDGE PUD” ACCORDING TO THE PLAY THEREOF AS RECORDED IN PLAY BOOK 109, PAGE 90 THRU 93, INCLUSIVE, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. LESS AND EXCEPT A PORTION OF “HIGH RIDGE PUD” ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAY BOOK 109, PAGES 90 THRU 93, INCLUSIVE, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF SAID “HIGH RIDGE PUD” PLAT; THENCE NORTH 88 DEGREES 35 MINUTES 59 SECONDS EAST ALONG THE NORTH LINE OF SAID PLAT, A DISTANCE OF 471.46 FEET; THENCE SOUTH 01 DEGREES 50 MINUTES 29 SECONDS WEST ALONG THE EAST LINE OF SAID PLAT, A DISTANCE OF 400.00 FEET; THENCE NORTH 88 DEGREES 09 MINUTES 31 SECONDS WEST, A DISTANCE OF 475.09 FEET; THENCE NORTH 01 DEGREES 09 MINUTES 29 SECONDS EAST ALONG THE WEST LINE OF SAID PLAT, A DISTANCE OF 242.76 FEET; THENCE NORTH 05 DEGREES 02 MINUTES 00 SECONDS EAST ALONG SAID WEST LINE, A DISTANCE OF 130.80 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT FROM THE TOTAL PARCEL DESCRIBED ABOVE THE FOLLOWING DESCRIBED PARCEL: BEING A PORTION OF HIGH RIDGE PUD, PLAT BOOK 109, PAGES 90 THRU 93, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID HIGH RIDGE PUD, RUN THENCE NORTH 01’09’29” EAST ALONG THE WEST LINE OF SAID PLAT, A DISTANCE OF 549.75 FEET; THENCE SOUTH 88’50’31” EAST, A DISTANCE OF 51.26 FEET; THENCE NORTH 28’49’12” EAST A DISTANCE OF 398.90 FEET; THENCE SOUTH 88’09’31” EAST, A DISTANCE OF 234.09 FEET TO A POINT ON THE EAST LINE OF SAID PLAT, SAID EAST LINE ALSO BEING THE WEST RIGHT-OF-WAY LINE OF HIGH RIDGE ROAD; THENCE SOUTH 01’50’29” WEST ALOND SAID EAST LINE AND ALONG SAID WEST RIGHT- OF-WAY LINE, A DISTANCE OF 851.74 FEET; THENCE SOUTH 46’11’53” WEST, A DISTANCE OF 36.07 FEET TO A POINT ON THE SOUTH LINE OF SAID PLAT, SAID SOUTH LINE ALSO BEING THE NORTH RIGHT-OF-WAY LINE OF MINER ROAD; THENCE SOUTH 88’07’03” WEST ALONG SAID SOUTH LINE AND ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 435.45 FEET TO THE POINT OF BEGINNING. 294 of 506 SAID LANDS SITUAE, LYING AND BEING IN PALM BEACH COUNTY, FLORIDA AND CONTAIN 231,380 SQUARE FEET (5.312 ACRES) MORE OR LESS.. A location map is attached hereto as Exhibit “A” and made a part of this Ordinance by reference. Section 3. That the Zoning Map of the City is amended to reflect this rezoning. Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 6. This ordinance shall become effective immediately upon passage. th FIRST READING this 19 day of August, 2014. 295 of 506 SECOND, FINAL READING and PASSAGE this ___ day of ___________, 2014. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor ______________________________ Vice Mayor – Joe Casello ______________________________ Commissioner – David T. Merker ______________________________ Commissioner – Mack McCray ______________________________ ATTEST: Commissioner – Michael M. Fitzpatrick _______________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 296 of 506 ORDINANCE NO. 14-014 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF RON ROAN OF HIGH RIDGE HOUSING, LLC., AMENDING ORDINANCE 02-013 TO REZONE A PARCEL OF LAND LOCATED ON THE WEST SIDE OF HIGH RIDGE ROAD, APPROXIMATELY 0.25 MILES NORTH OF MINER ROAD, AS MORE FULLY DESCRIBED HEREIN, FROM SINGLE AND TWO FAMILY DWELLING DISTRICT (R-2) TO PLANNED UNIT DEVELOPMENT (PUD) WITH MASTER PLAN FOR 184 APARTMENTS, IMAGINE CHARTER SCHOOL AND ATHLETIC FIELDS; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE . WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and WHEREAS, WDDW RESOURCES, LLC., owner of the property located on the west side of High Ridge Road, approximately 0.25 miles north of Miner Road in Boynton Beach, Florida, as more particularly described herein, has endorsed a Petition filed by applicant Ron Roan of High Ridge Housing, LLC., pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a parcel of land, said land being more particularly described hereinafter, from Single and Two-family Dwelling District (R-2) to Planned Unit Development (PUD) as part of the master plan for 184 apartments, imagine charter school and athletic fields; and WHEREAS, the City Commission conducted a public hearing and heard testimony and received evidence which the Commission finds supports a rezoning for the property hereinafter described; and WHEREAS , the City Commission finds that the proposed rezoning is consistent with an amendment to the Land Use which was contemporaneously considered and approved at the public hearing heretofore referenced; and 297 of 506 WHEREAS, the City Commission deems it in the best interests of the inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. Section 2. The following described land located on the west side of High Ridge Road, approximately 0.25 miles north of Miner Road in Boynton Beach, Florida, as set forth as follows: TRACT "A", IMAGINE CHARTER SCHOOL AT BOYNTON BEACH, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 112, PAGES 186 AND 186 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LANDS SITUATE IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA. CONTAINING 183,902 SQUARE FEET/4.2218 ACRES MORE OR LESS. be and the same is hereby rezoned from Single and Two-Family Dwelling District (R-2) to Planned Unit Development (PUD) as part of the master plan for 184 apartments, imagine charter school and athletic fields. A location map is attached hereto as Exhibit “A” and made a part of this Ordinance by reference. Section 3. That the aforesaid Revised Zoning Map of the City shall be amended accordingly. Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 6. This ordinance shall become effective immediately upon passage. th FIRST READING this 19 day of August, 2014. SECOND, FINAL READING and PASSAGE this _____ day of ___________, 2014. 298 of 506 CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor ______________________________ Vice Mayor – Joe Casello ______________________________ Commissioner – David T. Merker ______________________________ Commissioner – Mack McCray ______________________________ ATTEST: Commissioner – Michael M. Fitzpatrick _______________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 299 of 506 300 of 506 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 14-017 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Michael Rumpf Planning and Zoning Director FROM: Hanna Matras, Senior Planner DATE: July 14, 2014 PROJECT: High Ridge Landing PUD REZN 14-002 REQUEST: Approve High Ridge Landing PUD rezoning (REZN 14-002) from a PUD (Planned Unit Development) with the Master Plan for 110 single-family homes, and from R-2 (Single and Two-Family Residential District) developed with a school (Imagine Charter School), to a PUD with a Master Plan for 184 apartments, the Imagine Charter School and athletic fields. ________________ PROJECT DESCRIPTION Property Owner: High Ridge Housing, LLC and WDDW Resources LLC Applicant: Ron Roan/High Ridge Housing, LLC Northwest corner of High Ridge Road and Miner Road (Exhibit “A”) Location: Existing Land Use/ Zoning: Medium Density Residential (MeDR)/ PUD (Planned Unit Development) with a Master Plan for 110 single-family homes and; R-2 (Single and Two-Family Residential District) Proposed Land Use/ Zoning: Medium Density Residential (MeDR)/ PUD (Planned Unit Development) with a Master Plan for 184 apartments, the school and accessory athletic fields Acreage: +/- 18.44 acres Adjacent Uses: 301 of 506 North: Single family homes in unincorporated Palm Beach County, classified LR-2 Low Density Residential (2 du/acre) and zoned RS Single Family Residential. South: The right-of-way of Miner Road, then developed property (High Ridge Commerce Center) classified Industrial (I) and zoned M-1 Industrial; to the southwest, undeveloped property within unincorporated Palm Beach County classified Industrial (IND) and zoned Single Family Residential (RS). East: The right-of-way of High Ridge Road, then, to the northeast, Cedar Ridge Estates with single family homes and townhomes (townhomes built at 8.04 du/acre), classified Low Density Residential (LDR) and zoned Planned Unit Development (PUD). To the southeast, Cedar Ridge and High Ridge Commerce Park, developed properties classified Industrial (I) and zoned Planned Industrial Development (PID). West: To the west, undeveloped property (High Ridge Country Club) designated Low Density Residential (LDR) and zoned R1AA Single Family Residential. BACKGROUND The subject property was annexed into the City in May 2005 and approved for Medium Density Residential (MeDR) land use, allowing a maximum density of 9.68 dwelling units per acre. As per the concurrently approved master plan and the site plan approved in September 2005, the project included 48 single family homes and 126 townhomes. However, infrastructure issues delayed construction and, faced with a deteriorating housing market, the developer requested a modification, which cut the number December 2007, but by of units by 64 and eliminated townhomes. The modification was approved in then the “Great Recession” took hold and it became clear that the modified project remained financially unfeasible. In October 2008 the developer applied for a land use amendment and rezoning of the site to change the land use and zoning from residential to industrial. The amendment underwent the state review but the developer chose not to pursue the final adoption and the requests were effectively dropped. In 2009, he sold a 4.22-acre parcel at the northern portion of the property, subsequently developed as Imagine Charter School, and, in 2013, another 5.31 acre part of the property for a future school recreational area. Please note that the development order for the modified master plan approved in 2007 remains valid as per extensions granted by state law in 2012. However, given that the portions of the property sold for the school site were a part of the subject master plan, any development plans would require either master plan modification or a new master plan. In this case, the owner of property occupied by Imagine Charter School (currently zoned R-2) and the new owner of the remaining parcel (currently zoned PUD) jointly request rezoning of the entire property to PUD with a new master plan which would include a residential component and the existing school with the soon-to-be developed athletic field. REVIEW BASED ON CRITERIA The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article II, Section 2.B and Section 2.D.3. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map (FLUM) or a rezoning. a. Demonstration of Need. A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the 302 of 506 need for the proposed land use amendment and rezoning must be provided within the application. In terms of overall density, the new Master Plan represents relatively little change from the first Master Plan approved for the property (184 units as compared to 174 units). The property’s current future land use classification is Medium Density Residential, which allows for the requested number of units. The type of units— rental apartments—reflects a strong market demand, fueled by victims of foreclosures and others prevented from getting a mortgage by restrictive underwriting criteria, as well as rising home prices and stagnant wages. Moreover, given the proximity of the school, many alternative uses for the property (particularly the previously proposed industral use) would create compatibility issues. b. Consistency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. The proposed rezoning with a new Master Plan is consistent with all applicable policies of the Comprehensive Plan and Land Development Regulations (see also response to {a}). In particular, the Comprehensive Plan explicitely supports proximity of schools to residential areas (Policy 10 B.1.5). c. Land Use Pattern. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and rezonings that would result in more desirable and sustainable growth for the community. The proposed rezoning will not be contrary to the established land use pattern, will not create an isolated district, nor will it constitute a grant of special privilege to the owner. The property is already classified Medium Density Residential, which allows density of 10 dwelling units per acre. (See also response to “a”.) Moreover, the property is surrounded by diverse land uses, including industrial uses. d. Sustainability. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would support the integration of a mix of land uses consistent with the Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses; 2) access to alternative modes of transportation; and 3) interconnectivity within the project and between adjacent properties. The subject rezoning would support the integration of the two complementary uses, residential apartments and a school with its athletic field area. Pedestrian access gate will provide interconnectivity between the residential part of the project and the athletic field area, while interconnectivity with adjacent properties will be maintained through sidewalks along High Ridge Road and Minor Road. 303 of 506 In addition to proximity of the school, and industrial and commercial uses as employment centers, the project is located within ½ mile from the regional transit network of Tri-Rail, giving future residents convenient access to the three-county labor market. e. Availability of Public Services / Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. This request is for rezoning only. Long-term capacity availability for potable water, sewer and solid waste was reviewed as a part of annexation of the property in 2005. The Palm Beach County Solid Waste Authority determined that sufficient disposal capacity will be available at the existing landfill through approximately the year 2046. Traffic and school concurrency will be reviewed as part of the site plan. Drainage will be reviewed in detail as part of the site plan, land development, and building permit review processes. f. Compatibility. The application shall consider the following factors to determine compatibility: (1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties; and (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. (1) The proposed rezoning is compatible with the current and future use of adjacent and nearby properties: there is a considerable diversity of land uses in proximity of the subject property, from residential uses of various types and densities to institutional and industrial uses. For example, Cedar Ridge Estates, east of the property, are developed with both townhomes and single family homes; the townhome section of the Estates has the density of 8.09 du/acre (as compared with the 10 du/acre for the proposed project). Staff foresees no negative impact on property values. (2) The rezoning, increasing the housing choices, is related to the needs of both. (See also a response to {a}). g. Direct Economic Development Benefits. For rezoning/FLUM amendments involving rezoning to a planned zoning district, the review shall consider the 304 of 506 economic benefits of the proposed amendment, specifically, whether the proposal would: (1) Further implementation of the Economic Development (ED) Program; (2) Contribute to the enhancement and diversification of the City’s tax base; (3) Respond to the current market demand or community needs or provide services or retail choices not locally available; (4) Create new employment opportunities for the residents, with pay at or above the county average hourly wage; (5) Represent innovative methods/technologies, especially those promoting sustainability; (6) Be complementary to existing uses, thus fostering synergy effects; and (7) Alleviate blight/economic obsolescence of the subject area. As already noted in this report, the proposed rezoning does not involve a change in a land use classification of subject property, nor does it represent a significant change in density from the first Master Plan approved on the property. The project certainly complies with criteria #2, #3 (see response to “a”), and also #6, the latter through complementarity between the school and the residential component of the PUD. h. Commercial and Industrial Land Supply. The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions: (1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development; or (2) The proposed rezoning/FLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph “g” above; and (3) The proposed rezoning/FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and/or rezoning. The proposed rezoning does not change the type of land use allowed on the property. i. Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. N/A. The use is already allowed. j. Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursuant to Section 2.D.1.e above, both shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article III and the site development standards of Chapter 4. 305 of 506 The concurrent master plan and site plan shall comply with said requirements. RECOMMENDATION As indicated herein, staff has reviewed the proposed land use amendment and rezoning and determined that it is consistent with the Comprehensive Plan objectives and contributes to economic development. Therefore, staff recommends that the subject request be approved. S:\Planning\SHARED\WP\PROJECTS\High Ridge- New Urban Communities\REZN 14-002\Staff Report High Ridge NUC PUD.doc 306 of 506 9. C PUBLIC HEARING September 16, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 16, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve a Major Site Plan Modification (MSPM 14- EQUESTED CTION BY ITY OMMISSION 002) to allow construction of 184 multi-family rental units (High Ridge Landing) consisting of eight (8) two- and three-story apartment buildings, amenity area, and related site improvements at the northwest corner of High Ridge Road and Miner Road, on 8.44 acres within a PUD (Planned Unit Development) zoning district. Applicant: Ron Roan of High Ridge Housing, LLC. (TABLED TO 10/7/14) ER: The applicant is requesting a major site plan modification for XPLANATION OF EQUEST High Ridge Landing PUD to modify the approved Master Plan and Site Plan by revising the total number of units (184 is the maximum allowed at 10 dwelling units per acre), changing the type of housing proposed, and revising related site improvements. The owner of property occupied by Imagine Charter School (currently zoned R-2) and the new owner of the remaining parcel (currently zoned PUD) are jointly requesting a concurrent rezoning of the entire 18.44 acres to PUD with a new master plan that would integrate the proposed residential component with the existing school and soon-to-be developed athletic field (see REZN 14-002). According to the site plan, a total of 325 parking spaces are provided, which is a deficiency of 55 spaces and an equivalent of 1.7 parking spaces per unit. The applicant has noted that 1.7 parking spaces per unit is an accepted industry standard that has been utilized in other “New Urban” style developments that offer a range of on-site amenities, and are located in close proximity to off-site amenities and uses that will serve the neighborhood. Staff has researched this and is proposing a code revision to the parking regulations (CDRV 14-002) concurrent with this request that will facilitate a reduction in required parking spaces while promoting and recognizing developments 307 of 506 that propose sustainable design or operation. Based on the proposed code revision (CDRV 14-002), parking ratios of 1.33 spaces per each one (1)-bedroom apartment (reduction of .17/unit) and 1.66 spaces per each two (2) or more bedroom apartment (a reduction of .34/unit), the 325 parking spaces proposed would comply with the minimum off-street parking requirements. The Planning & Development Board at their July 22, 2014 meeting voted to deny the major site plan modification request. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: The project would generate approximately $160,000 of annual ISCAL MPACT revenues in ad valorem taxes and fire assessment. The estimate of total annual fees for water, sewer, and stormwater is $58,800. The necessary services can be provided within the existing capacity of the respective city departments: no additional capital outlays or increased staffing would be required. The park impact fee will be $109,480. A: None recommended LTERNATIVES 308 of 506 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 14-025 STAFF REPORT TO: Chair and Members Planning and Development Board and City Commission THRU: Michael Rumpf Planning and Zoning Director FROM: Kathleen Zeitler Planner II DATE: July 15, 2014 PROJECT NAME/NO: High Ridge Landing PUD / MSPM 14-002 REQUEST: Major Site Plan Modification PROJECT DESCRIPTION Property Owner: High Ridge Housing, LLC Applicant: Ron Roan, Vice-President of High Ridge Housing, LLC Agent: Brian Cheguis, Principal Planner with Cotleur & Hearing, Inc. Location: Northwest corner of High Ridge Rd and Miner Rd (see Exhibit “A” – Location Map) Existing Land Use: Medium Density Residential (MeDR) Existing Zoning: PUD, Planned Unit Development (with a Master Plan for 110 single-family homes) Proposed Land Use: No change proposed Proposed Zoning: PUD, Planned Unit Development (with a new Master Plan for 184 multi-family apartments, Imagine Charter School and athletic fields) (see REZN 14-002) Pr Proposed Use: Request major site plan modification to construct 184 multi-family apartments Acreage: 8.33 acres (362,855 square feet) for proposed residential area Adjacent Uses: North: Proposed Imagine Charter School sports field on 5.31 acres on property classified MeDR (Medium Density Residential) future 309 of 506 land use and zoned PUD; and farther north, Imagine Charter school on 4.22 acres on property classified MeDR future land use, and currently zoned R-2 with proposed rezoning to PUD (see REZN 14-002); and single-family homes in unincorporated Palm Beach County, designated PBC LR-2 (Low Density Residential) and zoned PBC RS (Single-Family Residential); South: Right-of-way of Miner Road, then developed property (High Ridge Commerce Center II flex-space warehouse) classified I (Industrial) future land use, and zoned M-1 (Light Industrial); farther south a townhome development (Canterbury) with a density of approximately 9.9 du/acre, classified I (IndustriaI) future land use and zoned PID (Planned Industrial Development); and to the southwest, undeveloped property within unincorporated Palm Beach County classified PBC IND (Industrial) future land use and zoned PBC RS (Single-Family Residential). East: Right-of-way of High Ridge Road, then developed industrial property (High Ridge Commerce Center) classified I (Industrial) future land use, and zoned PID (Planned Industrial Development), and to the northeast, Cedar Ridge Estates PUD with single family homes and townhomes (townhomes built at 8.04 du/acre), classified LDR (Low Density Residential) and zoned PUD (Planned Unit Development); and, West: Undeveloped property (High Ridge Country Club) designated LDR (Low Density Residential) and zoned R1AA (Single Family Residential), and farther west, High Ridge Country Club golf course and clubhouse classified REC (Recreation) future land use, and zoned REC (Recreation). BACKGROUND Agent Brian Cheguis with Cotleur & Hearing Inc., on behalf of applicant Ron Roan, Vice- President of High Ridge Housing LLC, is requesting a major site plan modification for High Ridge Landing PUD to modify the approved Master Plan and Site Plan by revising the total number of units, changing the type of housing proposed, and revising related site improvements (see Exhibit “B” – Site Plan). The owner of property occupied by Imagine Charter School (currently zoned R-2) and the new owner of the remaining parcel (currently zoned PUD) are jointly requesting a concurrent rezoning of the entire 18.44 acres to PUD with a new master plan that would integrate the proposed residential component with the existing school and soon-to-be developed athletic field (see REZN 14-002). Pedestrian walking paths with gate access and a shared driveway access from Miner Road will provide interconnectivity between the residential part of the PUD and the school and athletic field, while interconnectivity with adjacent properties will be maintained through sidewalks along High Ridge Road and Miner Road. The maximum density allowed by the MeDR (Medium Density Residential) land use classification is 10 dwelling units per acre (at time of previous site plan approval MeDR was 9.68 du/ac), which would provide the developer a maximum of 184 units. The previous approval in 2007 (MSPM 07-010) for High Ridge PUD was for 110 single-family detached units on 18.44 5.96 dwelling units per acre (du/ac), a net reduction of 64 units from the acres at a density of previously approved 2005 site plan. The original site plan in 2005 (NWSP 05-016) was approved for 48 single-family detached units and 126 fee-simple townhouse units at a density of 9.43 du/ac. Due to the modified design from single-family lots and interior streets, a revised plat 310 of 506 is required to be submitted to the Engineering Division for their review and approval prior to the issuance of a building permit for the project (see Exhibit “C” – Conditions of Approval). To date, the High Ridge PUD project has been approved for the following: an annexation (ANEX 05-001); a future land use map amendment (LUAR 05-002) from PBC MDR (Medium Density Residential) with a density of 5 dwelling units per acre, and PBC LR-2 (Low Density Residential) with a density of 2 dwelling units per acre to the City’s MeDR (Medium Density Residential) classification with a density of 9.68 dwelling units per acre; a rezoning (LUAR 05- 002) from PBC RS (Single-Family Residential) to PUD (Planned Unit Development); a new site plan (NWSP 05-016); a minor site plan modification (MMSP 06-051); and a site plan time extension (SPTE 06-013), which extended site plan approval to September 20, 2007; a major site plan modification (MSPM 07-010) and a site plan time extension granted by state law in 2012. ANALYSIS Concurrency: Traffic: A traffic impact analysis for the proposed project prepared by Kimley-Horn and Associates, Inc. was sent to the Palm Beach County Traffic Division for concurrency review in order to ensure an adequate level of service. Based on the traffic impact analysis, all significantly impacted links (using Level of Service D and E service volumes) would operate acceptably through build-out of the project in 2019. A traffic concurrency approval letter was received from Palm Beach County indicating that 94 AM peak hour trips and 114 PM peak hour trips would be generated as a result of this project, and that no permits are to be issued after the build-out date of 2019. In 2007, land was dedicated from the previous owner of the subject property to Palm Beach County for future High Ridge Road right-of-way. Per the submitted traffic impact analysis, a review was conducted of the Five Year Plans of Palm Beach County and FDOT, as well as those improvements committed to by the developers of projects in the area. Based on the review, no roadway improvements are projected to be within the project’s impact radius. Also the projected turning movement volumes for the project did not exceed the specified volume thresholds, therefore no additional turn lanes were recommended. The School District of Palm Beach County has reviewed the School: application for a concurrency determination on the proposed project of 184 apartment units and found it complies with the adopted Level of Service (LOS) for Schools. Adequate capacity exists in area public schools to accommodate the projected resident population. Utilities: The City’s water capacity, as increased through the purchase of up to 5 million gallons of potable water per day from Palm Beach County Utilities, would meet the projected potable water needs for this project. Sufficient sanitary sewer and wastewater treatment capacity is also currently available to serve this project. 311 of 506 Drainage: Conceptual drainage information was provided for the City’s review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. All South Florida Water Management District permits and other drainage related permits must be submitted at time of building permit. Police/Fire: The Police Department has reviewed the site plan and all review comments have been acknowledged by the applicant and will be addressed at the time of permitting. Police staff has determined that current staffing levels would be sufficient to meet the expected demand for services. The Fire Department expects to be able to maintain an adequate level of service for the subject project with current or expected infrastructure and/or staffing levels. Further plan review by Police and Fire, including infrastructure requirements such as fire hydrants, would be addressed during the permitting process. Access: The proposed development of rental apartments would be gated for privacy. One (1) main point of ingress/egress via a driveway connection to High Ridge Road is proposed (see Exhibit “B” – Site Plan). The access would be located approximately 400 feet from the intersection of High Ridge Road and Miner Road and align with Commerce Road located on the east side of High Ridge Road. The site plan shows that there are two (2) lanes for ingress into the subject property, and one (1) egress lane to exit, separated by a landscaped median 12 feet wide and approximately 115 feet long. All ingress and egress lanes are 12 feet wide. The left ingress lane includes a call box for visitors to gain entry through the gates, and the right ingress lane serves as a bypass lane for residents. A queuing area 105 feet in length is provided from the access at High Ridge Road to the call box, allowing for the stacking of several vehicles on-site. Past the median is a proposed 2-way drive aisle flanked on the north and south by an access gate that would allow residents entry into the development. The 24 foot wide drive aisle would also serve as a vehicular turn-around area for drivers that cannot enter through the security gates. A secondary point of ingress/egress is from the existing full access drive on Miner Road located approximately 450 feet from the intersection of Miner Road and High Ridge Road. A two-way gated access point for resident access only is located off the existing Miner Road driveway. All gates would have lock boxes for Fire Department access. The driveway openings allow for sufficient ingress and egress of emergency and service vehicles. The plans also show a 20-foot wide emergency access point from High Ridge Road near the northeast corner of the site. This stabilized sod access route would be gated and used for emergency purposes only if the main entrance is obstructed. Vehicular circulation within the development is provided through private drive aisles. Each two (2)-way drive aisle would have 12.5 foot wide travel lanes, which would conform to current engineering standards. Some residents would access their garage space via these drive aisles, while other residents without a garage space would access parking spaces near their residential building. The sidewalks are proposed separately from the vehicular use areas, and provide pedestrian connectivity throughout the site. Sidewalks ranging from four (4) to seven (7) feet wide throughout the development and provide pedestrian access to amenities such as the recreation building, pool, and poolside gazebo, and lake. 312 of 506 Parking: Both garage and surface parking spaces are proposed for the development. The current parking regulations require one and one-half (1.5) parking space per one (1)-bedroom apartment. Two (2) and three (3)-bedroom apartments require two (2) parking spaces per unit. The project proposes 48 one (1)-bedroom units, and 136 two (2)-bedroom and three (3)-bedroom units. The recreational amenity area requires 0.15 per unit for guest parking plus one (1) space per 300 square feet of area within the recreation building that is devoted to leasing and offices. Based on the above current parking regulations, a minimum of 380 spaces are required for the 184 proposed units and recreational amenity area (equivalent to 2.06 parking spaces per unit). According to the site plan, a total of 325 parking spaces are provided, which is a deficiency of 55 spaces and an equivalent of 1.7 parking spaces per unit. The applicant has noted that 1.7 parking spaces per unit is an accepted industry standard that has been utilized in other “New Urban” style developments that offer a range of on-site amenities, and are located in close proximity to off- site amenities and uses that will serve the neighborhood. Staff has researched this and is proposing a code revision to the parking regulations (CDRV 14-002) concurrent with this request that will facilitate a reduction in required parking spaces while promoting and recognizing developments that propose sustainable design or operation. Based on the proposed code revision parking ratios of 1.33 spaces per each one (1)-bedroom apartment (reduction of .17/unit) and 1.66 spaces per each two (2) or more bedroom apartment (a reduction of .34/unit), the 325 parking spaces proposed would comply with the minimum off-street parking requirements, should the code revision (CDRV 14-002) be adopted as proposed. The proposed development is located within close proximity to job centers, institutional uses, public recreational natural lands, and public transportation systems (within 0.5 mile of the Boynton Beach Tri-Rail station and Palm Tran bus stop). The applicant is encouraging a range of sustainable initiatives as part of the built and operational programming of the site by incentivizing the use of alternative modes of transportation. Proposed is a sustainable living environment that accommodates bikes, low-powered mopeds and scooters, motorcycles, compact vehicles, and electric vehicles, and provides integrated pedestrian facilities within the community. Operational rules shall be proposed regarding the maximum number of vehicles per unit, especially lesser used vehicles such as recreational, work, or utility vehicles and equipment. Incentives shall be proposed for single vehicle households or those regularly using or dependent on public transportation, while one (1)-bedroom units with more than one (1) car, and two (2)-bedroom units with more than two (2) cars may pay more rent each month. All proposed parking stalls, including the size and location of the handicap space, were reviewed and approved by both the Engineering Division and Building Division. In addition, all necessary traffic control signage and pavement markings will be provided to clearly delineate areas on site and direction of circulation. Landscape: Site plan tabular data indicates the pervious area (open space, buffer, recreation area, and lake) would total 29% of the entire site. A total of 1.74 acres of the subject property would be landscaped open space and buffers. This pervious surface would account for 21% of the total site. The landscape plan provides a complimentary mix of canopy trees and palms exceeding the City’s minimum 313 of 506 landscape requirements, and proposes buffers around the perimeter of the entire development; landscape islands throughout the off-street parking areas; and foundation plantings around all building elevations. Proposed plant material is limited by the landscape code to native and drought tolerant species with low to medium water needs (waterwise Florida- friendly plants). Tree species would include the following:Black Olive, Gumbo Limbo, Sweet Mahogany, Brazilian Beautyleaf, Cassia, Royal Poinciana, Slash Pine, Live Oak, Silver Buttonwood, and East Palatka Holly. Palm species would include the Green Malayan Coconut, European Fan, Sabal, Montgomery, Alexander, Christmas, Pygmy Date, Royal, and Bismarck palms. The landscape plans indicate compliance with the required minimum buffers around the perimeter of the site. Landscape buffers along the rights-of- way of High Ridge Road and Miner Road would be 15 feet wide and contain alternating Live Oak and East Palatka Holly canopy trees planted every 30 feet and a continuous hedge three (3) feet in height of Red-tip Cocoplum. A decorative five (5) foot high aluminum rail fence with brick columns would be located on the outside edge of the Cocoplum hedge and have clustered Viburnum shrubs around each brick column. Outside the fence would be a continuous hedge of variegated Pittosporum two (2) feet in height and Green Island Ficus groundcover to the property lines. Similar landscaping is proposed along the east side of the Miner Road access drive. The landscape buffer along the west property line is existing and is located adjacent to a buffer for High Ridge Country Club. A total of eight (8) Florida Royal palm trees 22 feet in height are proposed along main entrance leading to the recreational amenity area. Bismarck Palms are proposed within the main entrance median. The pool and cabana area would be heavily landscaped with a variety of plant material. Lake planting will include upland transitional plants such as Bald Cypress and Dahoon Holly. Littoral plantings within the lake would include Canna Lily, Spike Rush, Pickerel Weed, Duck Potato, and Water Lily. The code limits the use of sod to larger open spaces for passive or active recreation purposes, as well as swales, water detention and retention areas, in an effort to reduce water consumption. The applicant has reduced the amount of sodded areas from the original submittal, limiting placement to the rear yard play area. If the areas labeled Active Rec/Sod Areas to the rear of Buildings 1, 2, 4, and 6 remain sodded, staff proposes a condition of approval that the plans be revised to indicate relocation of landscaping to provide pedestrian accessibility to these areas for all residents of the development for recreational purposes, and include continuous walking paths and signage as dog walk areas (see Exhibit “C” – Conditions of Approval). Burford Holly at four (4) feet in height is proposed to screen the trash compactor. All above-ground mechanical equipment such as exterior utility boxes, meters, transformers, and back-flow preventers would be visually screened with three (3)-foot high Viburnum hedges. Each building would have landscape material proposed along all four (4) building sides. Select trees would be installed at half the building height. Buildings: The 184 units are proposed within 8 separate three (3)-story buildings consisting of Type 1, Type II, and Type III buildings. The site plan indicates the 184 314 of 506 proposed units would include the following mix: 48 one (1)-bedroom, one (1)- bath units; 112 two-(2) bedroom, two (2)-bath units; and 24 three (3)-bedroom, two (2)-bath units. Each Type I building would contain a total of 20 two (2) bedrooms units. The Type I building is arranged with eight (8) units on the first and second floor and four (4) units on the third floor. Each unit would be a total of 1000 square feet. The Type 1 buildings proposed are Building #4 and Building #6 located adjacent to High Ridge Road. Each Type II building would contain a total of 24 units consisting of 12 units that are two (2)-bedroom, and 12 units that are three (3)-bedroom. The Type II building is arranged with a mix of four (4) two (2)-bedroom units and four (4) three (3)-bedroom units on each of the three (3) floors. Each two (2)-bedroom unit would be a total of 1000 square feet, and each three (3)-bedroom unit would be 1,200 square feet. The Type II buildings proposed are Building #1 located near the intersection of High Ridge Road and Miner Road, and Building #5 located south of the lake. Each Type III building would contain a total of 24 units consisting of 12 units that are one (1)-bedroom, and 12 units that are two (2)-bedroom.The Type III building is arranged with a mix of four (4) one (1)-bedroom units and four (4) two (2)-bedroom units on each of the three (3) floors. Each one (1)-bedroom unit would be a total of 800 square, and each two (2)-bedroom unit would be 1,000 square feet. The Type III buildings proposed are Buildings #2 and #3 located near the Miner Road access drive, and Buildings #7, and #8 located near the lake. Height: The maximum building height allowed in the PUD zoning district is 45 feet, not to exceed four (4) stories. All of the residential buildings will comply with the maximum height requirement for the PUD zoning district. Each of the proposed buildings is three (3) stories with a total mean building height of 34 feet nine- inches (34’-9”), measured at the mid-point of the highest pitched roof. Setbacks: The minimum required perimeter building setbacks of a PUD are flexible, however, the required perimeter building setbacks of the PUD must resemble the setbacks of the adjacent development where a PUD is adjacent to single-family residential zoning. The largest setback required within single-family residential zoning districts is 25 feet. All proposed buildings would have a minimum setback of 25 feet from perimeter property lines in compliance with PUD setback requirements. Amenities: Residents and their guests will have access to recreational amenities through landscaped pedestrian walkways throughout the development. The proposed amenity area is centrally located and includes a one (1)-story recreation building of 4,000 square feet with the same architectural elements as the residential buildings. The recreation building will offer a large clubroom for meetings and social events, a large fitness room, an internet café, a kid’s playroom, restrooms, covered front and rear porches, and a mail kiosk. A portion of the recreation building will also house the apartment leasing, management, and maintenance offices, including golf cart storage. A swimming pool (approximately 800 square feet), spa, and poolside gazebo are proposed to the rear of the recreation building. Pedestrian amenities throughout the development would include benches, covered bike racks, and trash receptacles. 315 of 506 Design: The proposed buildings have a Florida Vernacular architectural style that includes a textured stucco finish, shaped horizontal banding to break up the mass of the facades, and flat clay tile roofs. Horizontal and vertical articulation is maximized by varying roof lines and building off-sets. Decorative features will include mullioned windows, Bahama shutters, coach lights, balconies with decorative aluminum railings, cast stone pilasters, French doors, and screened patios. A pastel color palette includes a separate building color for each building type. The design, as proposed, would provide for a sense of separation between units and lessen the perceived density typical of multi-family developments. The photometric plan (sheet A5.01 PH) proposes 40 freestanding Lighting: pole light fixtures throughout the development. The plan demonstrates that lighting levels would be adequate and not “spill” over onto adjacent properties. Per the photometric plan, all proposed lights will be shielded to direct light down and away from adjacent properties and rights-of-way as required. Signage: The site plan depicts a two-sided monument entry sign proposed 10 feet from the east property line within the development’s driveway median. The proposed sign will identify the name of the development and include the property address. The sign itself is limited to five (5) feet in height and the maximum sign face allowed is 16 square feet, and shall be externally illuminated. Typically, sign details are provided as part of the site plan review and approval, however no sign details were included on the plans. Staff recommends as a condition of approval that the plans be revised at time of permitting to include all proposed signage. The architecture, building materials, finish, and colors are required to be incorporated into the signage to match the buildings. Public Art: The proposed project is subject to the Art in Public Places Ordinance which requires the developer to either place public art on site or pay the art fee in lieu of on-site art. The developer of this project has indicated that payment will be made at time of permitting into the Public Art fund, rather than placing public art on site. RECOMMENDATION: The Development Application Review Team (DART) has reviewed this request for major site plan modification and recommends approval contingent upon approval of the concurrent request for rezoning (REZN 14-002) ) including a new master plan, and the concurrent code revisions for parking (CDRV 14-002), and upon satisfying all comments indicated in Exhibit “C” – Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\High Ridge- New Urban Communities\MSPM 07-010\Staff Report.doc 316 of 506 317 of 506 318 of 506 319 of 506 EXHIBIT “C” – CONDITIONS OF APPROVAL Project Name: High Ridge Landing File number: MSPM 14-002 nd Reference: 2review plans identified as a Major Site Plan Modification with a June 10, 2014 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: 1. At time of permitting, submit an irrigation plan for review and approval. Landscaping must meet the Engineering Design Manual Standards P-13 and K-8 for sight triangle and there shall be unobstructed cross visibility at a level between 2.5 feet and 8 feet √ above the pavement. (2010 LDR, Chapter 4, Article II, Section 4.A.12.f.) FIRE Comments: None (All previous comments have been addressed). POLICE Comments: None (All previous comments have been addressed). BUILDING DIVISION Comments: 2. Note that changes or revisions to these plans may generate additional comments. Acceptance of these plans during the DART (Development Application Review Team) process does not ensure √ that additional comments may not be generated by the commission and at permit review. 3. At time of permit review, submit signed and sealed working drawings of the proposed construction. √ 4. Buildings, structures and parts thereof shall be designed to withstand the minimum wind loads of 170 mph. Wind forces on every building or structure shall be determined by the provisions of ASCE 7 and the √ provisions of 2010 FBC, Section 1609 (Wind Loads). 320 of 506 DEPARTMENTS INCLUDE REJECT 5. At the time of permit review, submit details of reinforcement of walls for the future installation of grab bars as required by the FFHA, Title 24 CFR, Part 100.205, Section 3, Requirement #6. All bathrooms √ within the covered dwelling unit shall comply. 6. Identify within the site data the finish floor elevation (lowest floor elevation) that is proposed for the building. Verify that the proposed elevation is in compliance with regulations of the code by adding specifications to the site data that address the following issues: a. The design professional-of-record for the project shall add the following text to the site data. “The proposed finish floor elevation ____. __ NGVD is above the highest 100-year base flood elevation applicable to the building site, as determined by the SFWMD’s surface water management construction √ development regulations.” b. From the FIRM map, identify in the site data the title of the flood zone that the building is located within. Where applicable, specify the base flood elevation. If there is no base flood elevation, indicate that on the plans. c. Identify the floor elevation that the design professional has established for the building within the footprint of the building that is shown on the drawings titled site plan, floor plan and paving/drainage (civil plans). 7. A water-use permit from SFWMD is required for an irrigation system that utilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time of √ permit application, F.S. 373.216. 8. Pursuant to approval by the City Commission and all other outside agencies, the plans for this project must be submitted to the Building Division for review at the time of permit √ application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. 9. All areas of the recreation/leasing center shall comply with the Federal Fair Housing Act. √ 10. The east wall of building #2 and the west wall of building #1 shall be of fire rated construction. The required fire rating shall be based on the type of construction as classified in Section √ 602 of the 2010 Florida Building Code, Building Volume, and Table 602. DEPARTMENTS INCLUDE REJECT 321 of 506 11. The full address of the project shall be submitted with the construction documents at the time of permit application submittal. The addressing plan shall be approved by the United States Post Office, the City of Boynton Beach Fire Department, the City’s GIS Division, and the Palm Beach County Emergency √ 911. a. Palm Beach County Planning, Zoning & Building Division, 2300 N. Jog Road, West Palm Beach, Florida 33411- 2741(Sean McDonald – 561-233-5016) b. United States Post Office, Boynton Beach (Michelle Bullard – 561-734-0872) PARKS & RECREATION Comments: 12. The impact fee per dwelling for a multi-family (dwellings in buildings containing 5 or more units) project is $595 per unit. Therefore, the √ impact fee for this project is $109,480 (184 x $595). PLANNING & ZONING Comments: Approval of this project is contingent upon the approval of the 13. √ accompanying request for rezoning (REZN 14-002). √ A re-plat of the subject property shall be required prior to 14. permitting. The parking deficiency on plans shall require the addition of 15. √ spaces to address deficiency, a code revision, or a variance to the current regulations concurrent with or prior to site plan approval. 16. At time of permitting, revise the Master Plan to label the drainage area “Shared Retention Pond”. √ 17. The location of the proposed monument sign in the entrance median is subject to Engineering review (for safe sight distance) and √ approval. 322 of 506 DEPARTMENTS INCLUDE REJECT 18. At time of permitting, correct the Master Plan site data to (1) indicate acreage and square footage breakdown for each land use in the PUD; (2) correct existing and proposed land use to Medium Density Residential (MeDR) and maximum density to √ 10; (3) correct proposed building height; and (4) correct Lot Coverage Calculations to include “square feet” after numbers and percentage of total as an additional column; and (5) correct spelling of Building Lot Coverage under Impervious. 19. At time of permitting, revise rear garage elevation (sheet A2.01G) to include architectural enhancements that do not replicate garage doors in compliance with the design standards √ of the Land Development Regulations and for contribution to project appearance visible from streets and access road. 20. At time of permitting, revise landscape plans to replace sod with groundcovers or other plants except where used for play areas or otherwise where residents have access for recreational purposes. If the areas labeled Active Rec/Sod Areas to the rear of Buildings 1, 2, 4, and 6 remain sodded, the plans shall be √ revised to indicate relocation of landscaping to provide pedestrian accessibility to these areas for all residents of the development for recreational purposes, and include continuous walking paths and signage as dog walk areas. Indicate all existing and proposed utility lines and easements, 21. √ their purposes and widths, on all plans. 22. The applicant shall coordinate with the property owner of the adjacent sports field to ensure that their respective site plans indicate the correct location of the pedestrian gate proposed near Building #8, √ leading to the sports field. At time of permitting, revise plans to include a detail of 23. √ perimeter fence with brick columns and gates (man gates, sliding gates, etc). Indicate height, type, materials, and colors on each detail. 24. At time of permitting, revise all plans to match the revised parking layout showing spaces for motorcycles, compact cars, and spaces √ for charging of electric vehicles, dispersed throughout the development. 323 of 506 DEPARTMENTS INCLUDE REJECT 25. At time of permitting, revise site plan to provide the minimum number of required pedestrian amenities. All bike racks shall be covered, and to the maximum extent feasible, trash receptacles shall include √ ashtrays and be located near other pedestrian amenities. 26. At time of permitting, revise photometrics plan to include an elevation drawing of a typical freestanding outdoor lighting pole (indicating height from grade to top). The typical drawing of the freestanding √ outdoor lighting poles must include the color and materials. 27. At time of permitting, revise photometrics plan to include the following notes: The design, style, and illumination level shall be compatible with the building design (height) and shall consider safety, function, and aesthetic value. A minimum average light level of one (1) foot candle shall be provided, with no more than 10% of the spot readings √ below one (1) foot candle and none below ½ foot candle. Lighting shall not be of an intensity that produces glare on adjacent property. Feature lighting emphasizing plants, trees, barriers, entrances, and exits is encouraged. 28. At time of permitting, revise plans to ensure that the locations of all freestanding light poles are consistent on each sheet and that they √ are not too close to landscaping when it becomes mature. 29. At time of permitting, revise site plan and landscape plan to dimension width of perimeter buffers. √ 30. At time of permitting, revise Landscape Details sheet so that plant list and landscape notes are on right side of page (not legible due to √ stapled set). 31. At time of permitting, revise landscape plan to include the amount of pervious and impervious area (in square feet and percent of site). √ 32. At time of permitting, revise landscape plan plant list to include sod if sod is proposed. Staff recommends further elimination of any small sod areas to reduce irrigation demand, substituting hardy √ groundcovers and shrubs in place of sod. 33. At time of permitting, revise landscape plan to note proposed method of irrigation. An irrigation plan is required to be submitted and √ approved prior to the issuance of a permit for this project. DEPARTMENTS INCLUDE REJECT 34. At time of permitting, revise plans to include materials and color of lettering proposed on monument sign, as well as uplighting detail. √ 324 of 506 35. At time of permitting, revise landscape drawings to show the calculations to demonstrate compliance with the landscape requirements for the following specified areas: perimeter of site; building foundations; vehicular use areas/parking lots (25 sf of √ landscape island area per parking space) and required landscape island size (225 sf and no dimension less than 15’). 36. At time of permitting, revise landscape plan to provide total trees, palms, shrubs, groundcovers required and provided. √ 37. At time of permitting, revise landscape plan (sheet 1) to correct corner conflict between sidewalk and landscaping at Miner Road √ pedestrian entrance. 38. At time of permitting, revise plans to indicate all parking spaces designed for motorcycles, scooters, mopeds, etc. as covered parking √ spaces. 39. At time of permitting, revise plans to indicate a decorative paver pedestrian crosswalk in front of the trash compactor to provide √ continuous pedestrian connectivity to sidewalks. 40. At time of permitting, revise plans to comply with all the requirements of Chapter 4, Article V, Section 3.G., Parking Reductions for √ Sustainability (concurrent CDRV 14-002), as adopted. COMMUNITY REDEVELOPMENT AGENCY Comments: N/A (Property is not located in the CRA area). PLANNING & DEVELOPMENT BOARD COMMENTS Comments: No additional conditions. ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\High Ridge- New Urban Communities\MSPM 14-002\Exhibit C - Conditions of Approval.doc 325 of 506 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: High Ridge Landing (MSPM 14-002) APPLICANT: Ron Roan, High Ridge Housing, LLC APPLICANT’S ADDRESS: 5604 PGA Blvd., Suite 109, Palm Beach Gardens, FL 33418 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 19, 2014 APPROVAL SOUGHT: Major site plan modification to construct 184 multi-family apartments and related site improvements on 8.33 acres zoned PUD. LOCATION OF PROPERTY: NW corner of High Ridge Rd and Miner Rd DRAWING(S): SEE EXHIBIT “B” ATTACHED HERETO. ________ THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the approval sought was made by the 1. Applicant in a manner consistent with the requirements of the City’s Land Development Regulations. 2. The Applicant ___ HAS ___ HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit “C” with notation “Included.” 4. The Applicant’s request is hereby ___ GRANTED subject to the conditions referenced in paragraph 3 above. ___ DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: _______________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ 326 of 506 DATED:__________________________ _____________________________________________ City Clerk S:\Planning\SHARED\WP\PROJECTS\High Ridge Landing\MSPM 14-002\DO.doc 327 of 506 11. A UNFINISHED BUSINESS September 16, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 16, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Provide staff report for Commission discussion on EQUESTED CTION BY ITY OMMISSION Human Rights Council's request for the City to update its non-discrimination policy and offer domestic partnership benefits. ER: XPLANATION OF EQUEST On August 5, 2014, Commission requested staff to provide a report regarding: (1) the current policies and ordinances in effect at the City that address non-discrimination and (2) the impacts of adding domestic partnership benefits. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES (1) Non-discrimination Policies (a) The Palm Beach Human Rights Council has asked the City to consider updating its non-discrimination policies to include “gender identity or expression.” The City’s Personnel Policy Manual contains the following Equal Employment Opportunity Statement: The City of Boynton Beach is an Equal Opportunity Employer and prohibits discrimination because of race, color, creed, religion, national origin, sex, age, political affiliation, disability (except where such factor is a bona fide occupational qualification or is required by State and/or Federal law), sexual orientation, marital status, veteran status and/or other protected class status in all aspects of its personnel policies, programs, practices, recruitment, examination, appointment, training, promotion, retention or any other actions and operations. 328 of 506 The six Collective Bargaining Agreements each have an article that addresses non- discrimination. (Attached) Any changes to expand benefits to the general employee population would then be noticed to each of the Unions. (b) The Palm Beach Human Rights Council has asked the City to consider adopting a Civil Rights Ordinance as modeled on p.2 of their memorandum. (See Attachment) The City does not currently have an ordinance in place. (2) Domestic Partnership Benefits The Palm Beach Human Rights Council has asked the City to consider adding domestic partnership benefits to our group insurance plans and to our family sick leave, bereavement, family and medical leave, and employee assistance programs. With regard to group insurance plans, the IRS now recognizes, for tax purposes, same- sex marriage in states where it is legal. Employees in a same-sex marriage, who are married in a state where same-sex marriage is legal, are able to have their dependents participate in our group employee benefits when eligible. Although this recognition has expanded eligibility for some same-sex couples, it does not address those who are in same-sex relationships who have not married in states where it is legal or those who are opposite sex couples who choose not to get married. Our benefits consultant, Gehring Group, stated that they have seen employer groups consistently adding domestic partnership to their group insurance benefits and that the enrollment is typically less than 1% of the employee population. This statement is consistent with the data provided by The Palm Beach Human Rights Council (p. ii – iii of their memorandum, attached). A couple who wishes to become registered domestic partners in Palm Beach County may register with the county for a $50.00 filing fee. Palm Beach County has established a formal domestic partner registry in which the following requirements must be met: • Each party is at least 18 years old and competent to contract; • Neither party is married, nor a partner to another domestic partnership relationship; • Each party is the sole domestic partner of the other person; • Each party is not related to the other by blood; • Both parties consent to the domestic partnership relationship without force, duress or fraud; • Both parties agree to be jointly responsible for each other’s basic food, shelter, common necessities of life and welfare; • Neither party has been a member of another domestic partnership for the past year; • Each party shares his or her primary residence with the other; • Each party considers himself/herself to be a member of the immediate family of the other partner. In addition to the group insurance coverage, recognition of domestic partner dependents for City employee benefits would also include family sick leave, leave under the Family and Medical Leave Act, access to the employee assistance program, and 329 of 506 bereavement leave. (The SEIU Blue and White Collar Collective Bargaining Agreements currently allow for bereavement benefits to apply to registered domestic partners.) Use of these benefits is either sporadic or uncertain and it is expected that the cost associated with extending City benefits to cover domestic partner dependents to be de minimus. FI: ISCAL MPACT (1) Non-discrimination Policies There is no monetary impact to adding “gender identity or expression” to the City’s non- discrimination policies. (2) Domestic Partnership Benefits Currently, employees pay 100% of the premium for any dependents they cover on their insurance plans; therefore, there is no direct increase in premium costs associated with adding domestic-partnership benefits. Whenever a dependent is added to a City plan, there is an expectation that the dependent will utilize the insurance. Each year, our claims experience is analyzed by the insurance companies who currently hold our business or wish to bid on our business. Through an analysis of our claims experience and demographic make-up as a group, our premiums are calculated. There is no way to pre-determine or to otherwise speculate as to the amount of cost exposure a dependent’s use of insurance will create. For the non-insurance benefits, any costs associated are expected to be de minimus. A: To be determined depending on City Commission Action. LTERNATIVES 330 of 506 331 of 506 332 of 506 333 of 506 334 of 506 335 of 506 336 of 506 337 of 506 338 of 506 339 of 506 340 of 506 341 of 506 342 of 506 343 of 506 344 of 506 345 of 506 346 of 506 347 of 506 348 of 506 349 of 506 12. A NEW BUSINESS September 16, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 16, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Authorize travel by members of the City EQUESTED CTION BY ITY OMMISSION Commission to attend the FCP3 Conference in Ft. Lauderdale, Fl on October 9-10, 2014 ER: The Florida Council for Public Private Partnerships is XPLANATION OF EQUEST holding its annual conference in Ft. Lauderdale, FL from October 9-10, 2014. Three Commissioners have expressed an interest in attending. The City is a member of this organization, therefore a reduced registration fee is available for up to five members of the City to attend. The registration fee is $295.00. H? This is an excellent opportunity to OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES learn more about public/private partnerships. FI: Funding available in City Commission budget – Business meetings ISCAL MPACT account. A: Not attend. LTERNATIVES 350 of 506 351 of 506 352 of 506 12. B NEW BUSINESS September 16, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 16, 2014 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: Commissioner Merker would like to discuss EQUESTED CTION BY ITY OMMISSION offering Long Term Care insurance to City employees as an additional benefit to be paid by employee. ER: To discuss Long Term Care insurance coverage as an XPLANATION OF EQUEST option for City employee’s to participate in. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 353 of 506 13. A LEGAL September 16, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 16, 2014 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. 14-020 - EQUESTED CTION BY ITY OMMISSION SECOND READING - PUBLIC HEARING - Approve amendment to the Land Development Regulations, Chapter 4, Article 5, Sections 3, 4 and 5 inserting Flexible Parking Provisions Promoting Smart Growth (CDRV 14-002) through the addition of reduced parking ratios and eligibility criteria for projects justifying lower parking needs and accommodating, in part, fuel efficient vehicles, EV charging stations, incentives for use of mass transit and ride sharing. Applicant: City-initiated. (TABLED -- TO BE HEARD ON 9/16/14) ER: The proposed amendments represents one component in a XPLANATION OF EQUEST series of changes to the City’s parking requirements intended to directly support Smart Growth initiatives. The staff report elaborates on the background of Smart Growth and it’s connection to parking requirements and development review; however, to summarize, the subject amendments are based on the premise that parking requirements should be tailored based on the specific needs of a given development, which may vary by factors other than a general zoning use category. In addition, it represents a change from traditional thinking that parking standards should be based on maximum possible peak demand. The intended purpose is to minimize impervious site surfaces, maximize green/pervious areas, and incentivize sustainable or smart growth operations. More specifically, the proposed amendments allow certain uses to justify a reduced parking ratio by independent professional parking analysis, and in turn, ensure a more efficiently designed site that accommodates electric and compact vehicles, and other energy efficient modes of transportation such as bicycles, motorcycles and scooters. It also requires promotion of car-pooling and use of mass transit. 354 of 506 A second aspect of the proposed regulations is the amendment to provisions that currently allow the minimum number of required off-street parking spaces for a given project to be satisfied, in part, by including those on-street spaces that immediately abut the frontage of the project. The only areas of the City that are currently eligible for this provision include the CBD, the Mixed Use High Zoning Districts, and properties within the Ocean District Community Redevelopment Plan. Staff proposes that the provisions be expanded to be applicable throughout the Community Redevelopment Area. Lastly, the Planning & Development Board forwards the item with a recommendation for approval, but also recommends that the calculation of required handicap accessible spaces remain unaffected by the proposed parking reduction provisions. This recommendation has been accommodated by wording added to the first paragraph under “Section 3. Special Reductions in Required Off-Street Parking” (see Exhibit “A”), that requires the calculation of accessible parking spaces be pursuant to the base parking requirements and not the reduced parking provisions. Staff supports this recommendation given that the justification for reducing total parking space requirements – smart growth design and operation, would not necessarily reduce the anticipated need for accessible parking spaces for a given project. A cross-reference to this requirement is also proposed to Section 5. B. Handicap Accessible Off-Street Parking. H? The proposed amendments OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES promote smart growth design and operation which furthers the City’s Climate Action Plan and other green initiatives. FI: N/A ISCAL MPACT A: None recommended LTERNATIVES 355 of 506 ORDINANCE 14-020 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING PART III, LAND DEVELOPMENT REGULATIONS, CHAPTER 4, ARTICLE V, “MINIMUM OFF-STREET PARKING REQUIREMENTS”, SECTION 3, 4 AND 5, INSERTING FLEXIBLE PARKING PROVISIONS PROMOTING SMART GROWTH; PROVIDING FOR CONFLICT, SEVERABILITY, INCLUSION; AND EFFECTIVE DATE. WHEREAS, the purpose of this amendment is to insert Flexible Parking Provisions Promoting Smart Growth into the Land Development Regulations through the addition of reduced parking ratios and eligibility criteria for projects justifying lower parking needs and accommodating, in part, fuel efficient vehicles, EV charging stations, incentives for use of mass transit and ride sharing; and WHEREAS, staff recommends the adoption of the amendments to the Land Development Regulations Chapter 4, Article V, Sections 3, 4 and 5, inserting flexible parking provisions promoting smart growth design and operation which furthers the City’s Climate Action Plan and other green initiatives. 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 Article II, Chapter 4, Article V, Minimum Off-Street Parking Requirements, Section 3, 4 and 5 are hereby amended as follows: Chapter 4. Article V. Minimum Off-Street Parking Requirements Section 3.Special Reductions in Required Off-Street Parking. The following provisions to reduce the number of required off-street parking spaces shall be utilized individually and not in conjunction with each other or with any other provision to reduce parking within this article. NOTE: Calculation of needed handicap accessible off-street parking 356 of 506 spaces shall be pursuant to the base parking requirements and not based on the reduced parking requirements described by this section for which a project may be eligible (also see below the section on Handicap accessible Off-Street Parking). B. Handicap Accessible Off-Street Parking. . G. Parking reductions for sustainability. To promote or recognize sustainable design or operation, including increased pervious area, reduced parking fields, promotion of mass transit and uses of renewable energy sources, lower parking requirements will be granted to eligible developments as follows: Use Minimum Number of Required Parking Spaces Building area is based on gross floor area unless specifically expressed otherwise. Efficiency or one (1)-bedroom apartment 1.33 Two (2) or more bedroom apartment 1.66 Shopping Center 1 per 250 Office – Retail Complex 1 per 250 Grocery Store 1 per 250 (Reserved) (Reserved) 1.Applicability. Eligible developments must be able to provide sustainable design and operation, and, except where noted below, must be located within one-half (1/2) mile from a regional transportation facility (e.g. Transit Area), or within 500 feet of a bus stop with direct access to a regional transportation facility, measured from property line to property line. 2.Application and Development Requirements. Requests for parking reduction must occur at time of site plan review, and must include a parking demand study prepared by a professional engineer and/or based on findings from an existing development or other comparable projects experienced by the applicant that include, in part, projects designed to meet lower parking requirements as allowed by this section. The study must provide evidence that the project would not be deficient of parking, that the reduced ratios would not adversely affect the project in any way, or increase the demand for parking spaces upon public streets in the immediate vicinity, or would not increase the demand for parking spaces on private properties in the immediate vicinity unless in conjunction with an approval for shared parking pursuant to City regulations. Eligible applicants must demonstrate that proposed parking design or resources would be adequate, and shall satisfy the following requirements meeting sustainable design and operation (where basic mathematical calculations are involved, rounding will be based on the traditional mathematical rule): a.Describe, in quantifiable terms, how the project provides an increase in green space (pervious area) which otherwise would be paved for parking spaces. b.Accommodate fuel efficient vehicles through provision of covered and well- illuminated locations with apparatus for parking and locking of bikes and low- powered mopeds and scooters, and designated spaces for motorcycles and compact vehicles. Covered storage facilities shall be located on the project site in close 357 of 506 proximity to the destination of the residents, employees, or visitors. c.No more than 3% of the required parking spaces are represented by spaces dedicated to motorcycles, which should be covered as an incentive for use. d.No more than 10% of the required parking spaces are represented by spaces dedicated to compact vehicles, and disbursed throughout the project to maximize accessibility and convenience. e.Provide efficiency in parking design including consideration for space-conserving tandem spaces when functionally feasible. f.Provide vehicle charging stations and dedicated spaces for at minimum Level 2 charging power (1 per 50 dwelling units and 1 per every 50,000 square feet for non- residential developments in excess of 75,000 square feet. g.Design for maximized pedestrian interconnectivity for internal circulation and efficient ingress and egress minimizing travel distance for pedestrians and bike/moped/scooter riders. h.Include a parking contingency plan to show areas on the proposed site plan where parking spaces may be added in the event that a shortage is subsequently realized for average daily parking demand. If such future spaces do not equal or exceed the total deficiency determined by the standard parking requirements for the use, provide operational rules, procedures or strategies at time of site plan approval to off-set the realized deficiency. i.Facilitate a ride-sharing/car pool program by screening, recording and maintaining participants’ travel destination information, schedules and routes for controlled access by residents and employees. j.Maintain bus and train schedules in the management office, accessible to residents and employees. The management shall designate employees who will maintain and distribute schedule and route information enabling them to advise residents and employees as necessary. k.Consider a shuttle service/program providing transportation to the nearest transit facility, whether as an incentive or fee-based. Residents should be polled for interest. l.Include marketing goals and practices targeting residents who work atypical shifts, including incentives for those in fields such as law enforcement, medical, security, etc. m.Provide the following information to residents at time of lease, and post it on a permanent sign visible from a common location and at entry to the management office: “This development offers sustainable living (or working) environment that facilitates a reduction in required parking spaces while accommodating bikes, low- powered mopeds and scooters, motorcycles, compact vehicles and electric vehicles. Contact the management for further information”. 358 of 506 n.Establish and implement operational rules that regulate the maximum number of vehicles per unit, provide incentives for minimizing total vehicles and maximizing compact and electric vehicles, and restrict where lesser used vehicles such as recreational, work, or utility vehicles and equipment can be parked or stored. Incentives shall be provided for single vehicle households or to those regularly using or dependent on public transportation. o.Implement an operational rule prohibiting operators, residents, employees, visitors, etc. from using any parking space, including interior garage spaces, for any purpose other than for the temporary parking of vehicles as intended and designed for the project. p.Consent to providing a report containing evidence of continued compliance with the requirements herein upon request by the City. Chapter 4. Article V. Minimum Off-Street Parking Requirements Section 4. Exceptions to Providing Required Off-Street Parking. C. On-Street Parking. 2. Conditions. The provision for on-street parking space to be used to meet the minimum number of required off-street parking spaces shall be subject to the following conditions: a. The on-street parking provision is applicable to all existing or proposed development located within either the Central Business District (CBD), a subsequent zoning district established to supplement or replace the CBD, or within a lot or parcel located within the adopted Ocean District Community Redevelopment Plan the Community Redevelopment Area. Chapter 4. Article V. Minimum Off-Street Parking Requirements Section 5. Other Parking Regulations. B. Handicap Accessible Off-Street Parking. 1.Applicability. All parking lots shall meet or exceed State Handicap Code requirements, and comply with the Florida Building Code. All residential district parking spaces (surface, covered, enclosed) required pursuant to the Florida/Federal Fair Housing Act shall comply with the mandatory requirements of the Act. There shall be provided off-street handicapped parking spaces available at the time of the erection of any structure of any structure or the enlargement of any structure. 2.Table 4-23. Handicap Accessible Parking Requirements. 359 of 506 Total Spaces* Min. Accessible Up to 25 1 26 to 50 2 51 to 75 3 76 to 100 4 101 to 150 5 151 to 200 6 201 to 300 7 301 to 400 8 401 to 500 9 501 to 1,000 2% Over 1,000 ** Source: Florida Building Code (Florida Building Code should be reviewed for current requirements) *See Section 3. Special Reductions in Required Off-Street parking when calculating required accessible parking spaces for a project designed according to a reduction provision. **Twenty (20) spaces plus one (1) space for each one hundred (100) over one thousand (1,000) In addition to the above parking requirements, the Florida Building Code requires additional accessible spaces for medical uses that provide out-patient treatments or services for persons with mobility impairment. The design and maintenance of accessible parking spaces and signage shall be in accordance with the Florida Building Code. All required handicap accessible parking spaces shall be provided on-site. 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. 360 of 506 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. TH FIRST READING this 19 day of August, 2014. SECOND AND FINAL READING ADOPTED this ___ day of ________, 2014. CITY OF BOYNTON BEACH, FLORIDA _________________________________ Mayor – Jerry Taylor _________________________________ Vice Mayor – Joe Casello _________________________________ Commissioner – David T. Merker _________________________________ Commissioner – Mack McCray _________________________________ Commissioner – Michael M. Fitzpatrick ATTEST: ______________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 361 of 506 362 of 506 363 of 506 364 of 506 365 of 506 366 of 506 367 of 506 13. B LEGAL September 16, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 16, 2014 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. 14-021 - EQUESTED CTION BY ITY OMMISSION SECOND READING - PUBLIC HEARING - Approve amendment to Sections 18-118 and 18- 127 of the General Employee's Pension Plan. ER: The Board of Trustees of the City of Boynton Beach General XPLANATION OF EQUEST Employees’ Pension Plan has requested the City Commission approve amendments to the plan that would amend Section 18-118 to allow a retiree who chose a retirement option with a joint annuitant or beneficiary to change the joint annuitant or beneficiary after commencement of the benefits as more fully described in the attached memorandum from Bonni Jensen, Esquire to the Board of Trustees; and amending Section 18-127 to allow employees in the DROP to name a beneficiary to whom the DROP balance will be left in the event of the employee’s death. In the absence of a designation of beneficiary, the balance is paid to the first of a class of relatives who is a survivor. H? The Ordinance allows (1) for a Plan OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES member who chose a retirement option with a joint annuitant or beneficiary to change that joint annuitant or beneficiary provided that the new annuitant is both alive and in good health, and the Plan member files the appropriate notarized form with the Plan’s Board of Trustees, and (2) allows employees in the Plan’s DROP option to name a beneficiary of the employee’s balance in the event of the employee’s death. Other than to the General Employees’ Pension Plan, there is no effect on the City’s programs or services. FI: The Plan’s actuary has provided a letter as part of the materials with this ISCAL MPACT Ordinance stating that there is no actuarial impact. Accordingly, there should be no fiscal impact on the City. 368 of 506 A: Not approve amendments to the General Employees’ Pension Plan. LTERNATIVES 369 of 506 ORDINANCE 14-021 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ARTICLE III, OF CHAPTER 18 OF THE BOYNTON BEACH CODE OF ORDINANCES, ENTITLED “EMPLOYEES’ PENSION PLAN;” AMENDING SECTION 18-118 RETIREMENT ANNUITY OPTION ALLOWING RETIREES TO CHANGE JOINT SURVIVORS; SECTION 18- 127 DEFERRED RETIREMENT OPTION PLAN ALLOWING EMPLOYEES TO DESIGNATE BENEFICIARIES FOR THE DROP; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE HEREOF. WHEREAS, the Board of Trustees (“Trustees”) of the Employees' Pension Plan of the City of Boynton Beach, Florida (“Pension Plan”) recommends amendment of the Ordinance to allow retirees to change their joint annuitant up to twice after retirement, with the retiree bearing the full actuarial cost of such change; WHEREAS, the Trustees of the Pension Plan also recommends amendment of the Ordinance to provide that an employee can designate a beneficiary for the DROP balance; WHEREAS, the City Commission of the City of Boynton Beach, Florida, desires to so amend the Employees' Pension Plan of the City of Boynton Beach, Florida; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1 . The foregoing “WHEREAS” clauses are hereby certified as being true and correct and are incorporated herein by this reference. Section 2 . Section 18-118 of Article II of Chapter 18 of the Boynton Beach Code of Ordinances is hereby amended as follows: Sec. 18-118. Retirement annuity option. 370 of 506 At any time prior to or upon the date of normal retirement, a member may elect to receive annuity benefits payable under the plan with the approval of the pension board in the form of a joint and survivor annuity instead of the normal annuity form, which shall be the actuarial equivalent of the annuity which he would normally receive. A member may rescind such election at any time prior to his or her normal retirement date. Under the joint and survivor annuity, two-thirds (2/3) of the retirement annuity income continues to the surviving contingent annuitant, until his or her death. The election of a joint and survivor annuity shall be deemed to be automatically cancelled in the event of the death of the joint annuitant prior to the member's actual retirement. and his or her If a retired member has elected an option with a joint annuitant or beneficiary retirement income benefits have commenced, he or she may thereafter change the designated joint annuitant or beneficiary with the approval of the Board of Trustees and the joint annuitant or beneficiary being removed. The retiree is required to provide proof of the good health of the joint annuitant or beneficiary being removed, and the joint annuitant or beneficiary being removed must be living. Any retired member who desires to change his or her joint annuitant or beneficiary shall file with the Board of Trustees a notarized notice of such change. Upon Board approval of a completed change of joint annuitant form or such other notice, the Board of Trustees shall adjust the retiree’s monthly benefit by the application of actuarial tables and calculations developed to ensure that the benefit paid is the actuarial equivalent of the present value of the retiree’s current benefit and there is no impact to the Plan. The actuarial calculation will include a five (5) year age adjustment to keep the cost actuarially neutral. The Board will pay for the cost of the first recalculation of the benefit by the actuary; the retiree will be responsible for the cost of any subsequent recalculations. In the event that no joint annuitant or designated beneficiary survives the retiree, there is no benefit payable unless the retiree has not 371 of 506 received benefit which total or exceed the amount of contributions made by the retiree. No retiree's current benefits shall be increased as a result of the change of joint annuitant or beneficiary. Section 3 . Section 18-127 of Article II of Chapter 18 of the Boynton Beach Code of Ordinances is hereby amended as follows: Sec. 18-127. Deferred retirement option plan. * * * for the monthly If an employee shall die during participation in the DROP, a survivor benefit pension amount shall be payable in accordance with the form of benefit chosen at the time of An employee entering into the DROP entry into the DROP. or a member participating in the beneficiary(ies) to receive payment of the DROP DROP post employment may designate a balance in a lump sum upon his or her death in accordance with Section 18-118 and 18-120. In the absence of the designation of a beneficiary, the remaining balance shall be paid in full to the first class of the following relative which has a member(s) (on a pro rata basis, if there is more than one member): the spouse married to the member on date of death; dependent children of the member; the living parents of the member: or the estate of the member. This payment operates as a complete discharge of all obligations of the Fund under the Plan and shall not be subject to review but shall be final, binding, and conclusive on all persons ever interested hereunder Section 4 . It is the intention of the City Commission of the City of Boynton Beach that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Boynton Beach, Florida. The Sections of this ordinance may be renumbered, re- lettered and the word “Ordinance” may be changed to “Section,” “Article” or such other word or phrase in order to accomplish such intention. 372 of 506 Section 5 . All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 6 . If any clause, section, or other part or application of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and so not effecting the validity of the remaining portions or applications remaining in full force and effect. Section 7 . This Ordinance shall become effective upon passage, unless otherwise provided for in this amendment. 373 of 506 rd FIRST READING THIS 3 DAY OF SEPTEMBER, 2014. SECOND, FINAL READING and PASSAGE THIS DAY OF , 2014. PASSED AND ADOPTED THIS DAY OF , 2014. CITY OF BOYNTON BEACH, FLORIDA Mayor – Jerry Taylor Vice Mayor – Joe Casello Commissioner – David T. Merker Commissioner – Mack McCray Commissioner – Michael M. Fitzpatrick ATTEST: __________________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 374 of 506 375 of 506 376 of 506 377 of 506 378 of 506 379 of 506 380 of 506 381 of 506 382 of 506 383 of 506 384 of 506 385 of 506 13. C LEGAL September 16, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 16, 2014 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. 14-022 - EQUESTED CTION BY ITY OMMISSION SECOND READING - PUBLIC HEARING - Approve a Solid Waste rate increase and revise the Code of Ordinances, Chapter 10, Garbage, Trash and Offensive Conditions, to allow for residential rate increase and language change. ER: The Public Works staff has conducted a cursory review of XPLANATION OF EQUEST the Code of Ordinance, Chapter 10, Garbage, Trash and Offensive Conditions and has proposed minor revisions to the Code language. In addition under Section 10-24 – Single Family Residential Refuse Collection, item 7. Staff has added language to allow for assistance with residents with a disability. This gives the ability for a resident to complete an application request for reasonable accommodation (application attached) for a disability as defined in 42 U.S.C.’s 12102 of the Americans with Disabilities Act. Special accommodation requests from disabled residents typically are for gaining assistance from Solid Waste staff in placement of garbage carts at the curb for pickup, but could also be for other requests that are reviewed by staff. Additionally, Section 10-30. Rates and Charges for City Service, staff is proposing a $1.00 per month increase in residential and multi-family rates, for FY 2014/15 and an additional $1.00 per month increase for FY 2015/16. Residential Multi-family Current rates are: $14.00/month $10.75/month Proposed rates: 10/1/14 $15.00/month $11.75/month 10/1/15 $16.00/month $12.75/month 386 of 506 The rate increase is needed to continue to maintain sound operations and provide service. Increases in operational costs are needed due to increased fuel costs, increased equipment maintenance expenditures and added residential communities. The last residential increase was on October 1, 2010. Attached is a Solid Waste Rate Comparison showing the rates charged for refuse service in various surrounding communities. The proposed rate increase remains competitive with surrounding communities. H? The Code revision for disabled OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES service accommodations will enhance our customer service and allow for staff to go on private property to retrieve garbage carts. The rate increase will allow for continued maintenance on vehicles, and will keep up with increasing fuel costs. FI: Additional revenue (approximately $500,000) will be added in the Solid ISCAL MPACT Waste Account #431-0000-343-41.00 and #431-0000-343-45.00. A: Not to approve Code changes/rate increase. LTERNATIVES 387 of 506 ORDINANCE NO. 14-022 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 10 OF THE CITY’S CODE OF ORDINANCES, “GARBAGE, TRASH AND OFFENSIVE CONDITIONS,” ARTICLE II, “REFUSE, GARBAGE AND TRASH” ALLOWING FOR SOLID WASTE RATE INCREASE AND LANGUAGE CHANGE; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the Public Works staff has conducted a cursory review of the Code of Ordinances, Chapter 10, Garbage, Trash and Offensive Conditions and has proposed minor revisions tothe Code language; and , WHEREASthe rate increase proposed is needed to continue to maintain sound operations due to increased fuel costs, increased equipment maintenance expenditures and added residential communities; and WHEREAS,the City Commission finds the adoption of the proposed ordinance is in the best interest of the health, safety, and welfare of the citizens and residents of the City of Boynton Beach. NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMISSION 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. Chapter 10, Garbage, Trash and Offensive Conditions, Article II, Refuse, Garbage and Trash, is amended as follows: ARTICLE II. REFUSE, GARBAGE AND TRASH* Sec. 10-22. City to collect and dispose of garbage; supervision; regulatory authority. All refuse, garbage, trash of all types, vegetative trash, recycling, construction and demolition material accumulated in the City shall be exclusively collected, conveyed and disposed of by the City under the supervision of the Director of Public Works. The Director of Public Works shall have authority to make administrative regulations concerning the days of collection, type and location of waste containers and such other matters pertaining to the collection, conveyance and disposal not otherwise set by the City Commission or the City Manager as he shall find necessary, and to change and modify the same after notice as required by law, provided that such regulations are not contrary to the provisions hereof. Sec. 10-23. Definitions. For the purpose of this article, the following words and terms are defined as follows: Commercial means any public or private place, building and/or enterprise or business devoted in whole or in part to a business enterprise, whether nonprofit or profit-making in nature, including, but not limited to hotels, motels, restaurants, offices, industries, stores, markets, 388 of 506 theaters, hospitals and other institutions which hold themselves out to the public as places of business, services or accommodations. Containers or receptacles: (1) “Non-containerized” means the use of a "roll-out cart" provided by the City for the use of garbage collection purposes. The cart as defined will be of a special design and construction as to allow for the mechanical or automation of collection of garbage. (2) "Containerized" or "Dumpster" means a detachable metal container provided by the City designed and intended to be mechanically dumped into a packer-type solid waste vehicle and varying in size from two (2) cubic yards to eight (8) cubic yards adaptable to City equipment. This type receptacle is normally associated with collection service for commercial or multifamily developments. (3) "Containerized or Dumpster with wheels" are containers supplied by the occupants, business, or institution who choose to use them inside buildings and roll them to the designated outside location for pickup. This type receptacle is normally associated with multifamily or commercial developments. (4) "Compactor" is a mechanical device to accept garbage, trash, and other types of materials, mechanically press or compact the material into a more dense form, and to be serviced by City trucks designed for such operations. The compactor shall be the property of the business, institution, or customer, and shall not be owned, maintained, or repaired by the City. The City shall service the compactor to the extent of collecting and disposal of the material, and will not be responsible for the mechanical operation, repair, energy to operate, or longevity of the device. The customer shall be responsible for consulting with the City prior to purchasing a compactor to assure the compactor and the City trucks used to service the compactor are compatible. Failure on the part of the customer to conduct such coordination shall not waive the requirement that the compactor is to be serviced by City equipment. The City will bear no responsibility for modifying either the compactor, or its equipment to offer the necessary service. This type receptacle can be associated with commercial, mobile home parks, or institutional type of customers. (5) "Roll-out garbage carts" are specialized garbage carts provided exclusively by the City as a part of the residential garbage collection service. The carts are of a design that would allow the City to mechanically collect the garbage, or to automate the garbage collection process. (6) "Roll-off containers" are various sized metal containers specially designed for the collection of noncombustible trash, construction, demolition, cleaning, renovation, industrial, or garbage wastes normally associated with construction projects or special events. The containers are provided by the City upon request and qualification of the customer, and shall be serviced by the City exclusively on an as needed basis. Dispose means to deliver to approved landfill or transfer station or other approved disposal method. Director of Public Works means the Director of Public Works and/or the duly authorized agent. Mandatory Service Charge means an automatic fifty dollar ($50.00) service charge will be assessed for any bulk trash/vegetation that is placed for pickup on the wrong day. Recycling means any process by which solid waste, or materials which would otherwise become solid waste, are collected, separated, or processed and reused or returned to use in the form of raw materials or products. Refuse shall mean any or all of the following: garbage, noncombustible trash, vegetative trash, contaminated yard trash, bulk trash, construction and demolition material, hazardous, industrial waste, infectious waste, and recycling material. Such items are hereby further defined as follows: (1) "Garbage:" Every accumulation of animal, fruit, or vegetable matter that attends the preparation, use, cooking and dealing in or storage of meats, fish, fowl, fruit or vegetables, and any other matter, of any nature which is subject to decay, putrefaction and generation of noxious 389 of 506 or offensive gases or odors, or which, during or after decay may serve as a breeding or feeding material for flies or other germ carrying insects; and any bottles, cans or other containers, except recyclable containers, which due to their ability to retain water, may serve as a breeding place for mosquitoes or other insects. Garbage shall not include human solid waste. Garbage is collected from each residential unit in the City twice a week, and from each commercial establishment as requested by the customer or as required by the Director of Public Works when public safety or appearance is jeopardized. (2) “Noncombustible trash:” Materials that are not burnable at ordinary incineration temperatures, such as metals, mineral matter, metal furniture and auto bodies and parts, dirt, bricks, paving and other types of building or demolition materials. The City shall not collect non-combustible trash on a scheduled, routine basis. (3) “Yard trash:” Shall mean vegetative matter resulting from gardening, including accumulation of lawn, grass, shrubbery cuttings, dry leaf rakings, palm fronds, small tree branches not to exceed four (4) inches in diameter or four (4) feet in length. Yard trash shall be collected on scheduled pickup days once a week at all residential units throughout the City. All yard trash generated by privately contracted yard services shall be considered as commercial material and shall be disposed of by the private contractor responsible for generation of the material. Tree stumps are prohibited to be placed out for collection. (4) "Contaminated yard waste:" Shall mean any yard and garden waste pile containing material other than containerized grass or leaves, shrubbery cuttings, or vegetative matter of any type incidental to the care of residential lawns and gardens, including limbs and branches less than four (4) inches in diameter or four (4) feet in length. (5) "Bulk trash:" Shall mean large objects and items, however not necessarily limited to the following: washers, dryers, furniture (including mattresses and springs), rugs, cabinets, wooden boxes, and other types of household items. Bulk trash shall also include owner generated construction debris less than one (1) cubic yard. (6) "Construction and demolition material:" Commonly referred to as C&D debris, shall be any byproduct material from either the construction or demolition or remodeling, or repair of any type building, structure, or roadway, or driveway materials. Material would commonly contain, but not be limited to, building materials, rubble, stone, brick, earthwork, paving materials, concrete, blocks, wood, roofing materials of all types, metal, piping, asphalt, fencing, cabinets, HVAC ducting, heating and air conditioning equipment, plumbing fixtures and the like. This material will not be collected routinely by the City. The customer should contact the Director of Public Works to schedule the removal, or arrange for a roll-off container to be provided but the City. The cost of this service will be in accordance with the type of materials and the cost of associated disposal. (7) "Hazardous material:" Shall be any type material or product whose chemical or biological nature make it dangerous to the human health if disposed improperly, or that could cause harm to the environment. This includes any material which requires special handling due to its acute or chronic effects on air and water quality, on fish, wildlife, or other biota and on the health and welfare of the public, including but not limited to explosives, pathological wastes, radioactive materials, oil-based paints, thinners, fluorescent bulbs, auto fluids, pesticides, flares, pool chemicals, sharps or needles, batteries, and acidic, caustic, toxic or highly flammable chemicals. The City will not collect hazardous material on any regular Solid Waste services. Arrangements for the special disposal shall be made by the customer for the proper, safe, and legal disposal of hazardous material by calling the Solid Waste Authority. (8) "Infectious waste:" Is any type of waste material resulting from the operation of medical clinics, hospitals, abattoirs, and other facilities producing waste which may consist of human and/or parts, contaminated bandages, pathological specimens, hypodermic needles, contaminated clothing and surgical gloves. The City will not routinely collect infectious waste. Arrangements 390 of 506 for special disposal shall be made privately by the customer for the proper, safe, and legal disposal of infectious waste according to standards within the relevant industry. (9) "Recyclable materials:" Shall mean newspaper (including inserts), aluminum, plastic containers, glass bottle and jars, milk and juice cartons, aseptic containers, corrugated cardboard, brown paper bags, mixed paper, tin, and ferrous cans, household dry-cell batteries (no wet-cell batteries) and other type materials that have known recycling potential, can be feasibly recycled, and have been diverted and source separated or have been removed from the solid waste stream for sale, use, or reuse as raw materials, whether or not the materials require materials would include items that are capable of being recycled and which would otherwise be processed or disposed of as solid waste. Recycled material shall be collected on a scheduled routine basis from each residential unit in the City. Residential dwelling unit means any structure or shelter, house, apartment building, or any part thereof used or constructed for human habitation and shall include bath and culinary accommodations for one or more families. (1) "Single-family dwelling:" means a residential dwelling unit designed to contain only one (1) family, or any residential dwelling unit, or any number of residential dwelling units receiving Solid Waste service for each individual dwelling unit. (2) "Multi-family dwelling:" means a residential dwelling unit designed to contain more than one (1) family, and received containerized Solid Waste service. Sanitation Supervisor. See Director of Public Works. Special pickup, and costs referenced herein, shall apply when residential solid waste, exclusive of construction debris, greater than six (6) cubic yards must be collected and disposed of separate from other provisions of this Article. Special pickups will be coordinated with the resident and a Solid Waste Supervisor as to time, place, date, and items to be picked up. Items to be picked up will not be deposited at the curbside more than twenty-four (24) hours prior to the scheduled special pickup. All special pickups shall be at additional cost to the resident. An estimate of the cost of the special pickup should be obtained by contacting the office of the Director of Public Works. Special pickups will be made as soon as practicable upon acceptance of the cost estimate by the owner. A service fee will be assessed when the following occurs: vegetation that is cut by commercial tree/lawn services, vegetation that exceeds four (4) inches in diameter and/or four (4) feet in length; construction/demolition material in excess of one (1) cu/yd. The minimum fee for this service is thirty-five dollars ($35.00). seventy-five dollars ($75.00). Sec. 10-24. Single family residential refuse collection. (a) The City will collect noncontainerized residential refuse under the following conditions: (1) Garbage will be collected twice per week at curbside only from each single family residential unit in the City provided with roll-out garbage carts. The placement of household garbage in a loose and uncontained manner on the roadside, swale or other locations adjacent to the roadway with the expectation of collection shall be strictly prohibited. All material intended for disposal with the roll-out garbage carts shall be placed inside the cart, and the lid of the cart must be closed. All refuse cans and carts shall be aboveground, placed off the street, but within three (3) feet of the curb or edge of pavement and shall be located a minimum of three (3) feet from any obstruction that may interfere with routine collection. Yard trash and combustible trash will not be collected with household garbage, but will be picked up once per week on a scheduled trash pickup day. Yard trash and combustible trash capable of being containerized should be placed in a standard garbage can, roll-out garbage cart, plastic bag, or disposable container.,only yard waste generated by residential property will be eligible for collection. Collection of yard trash should be piled separately from all other trash at curbside. Any mixing of household garbage, combustible, noncombustible, or bulk trash with the yard trash shall be strictly prohibited. Placing of yard trash or combustible trash in the paved area of the street or on 391 of 506 vacant lots is prohibited. Materials classified as hazardous material will not be collected by the City. Household garbage, trash or any type of other material intended for collection, shall not be set out prior to 6:00 P.M. of the day proceeding the scheduled pickup. (2) All garbage cans provided by the individual customer shall be subject to inspection and approval by the Director of Public Works or designee at all times. A container not approved by the Director of Public Works and which is set out for collection will have a notice placed upon the container, handed to the owner or occupant, or left at his residence and the occupant shall no longer use the container for collection. (3) Special waterproof disposable refuse bags or any other containers may be used for vegetative materials. When such bags or any other containers are used, the responsibility for protection of either the bag or the container and the contents shall rest with the individuals occupying or residing on the property. Rupture of, or damage to the bag or container, from any cause which results in the scattering of refuse prior to the arrival of City collection personnel will obligate the user to reassemble all of the refuse in an undamaged bag or container prior to pickup by the City. (4) Accumulations of yard trash shall be stacked in compact piles at curbside within the confines of residents' or owners' side property lines. Deposits of yard trash shall not obstruct pedestrian or vehicular traffic. The City will not collect yard trash produced from commercial tree trimming operations, landscape and lawn maintenance operators. Tree trimmers, or privately employed tree trimmers, tree arborists, landscape contractors and operators of tree and shrubbery maintenance services shall remove all trash and debris from the premises upon which they are working, including but not limited to limbs, tree trunks, roots, shrubbery clippings, and other debris emanating from their work. Disposal of yard trash produced by commercial operations or those paid to conduct such operations shall be strictly prohibited. No yard trash shall be placed on property owned or occupied by others without permission. (5) Refuse containers, cans, and carts shall not be kept or maintained upon or adjacent to any street, sidewalk, parkway, front yard, side yard or other place within the view of persons using any street or sidewalk located within the City, except as provided herein. Protection of the containers placed for collection is the responsibility of the resident. (6) Curbside residential recycling service will be given to each residential dwelling unit with the City, once a week. The City shall provide each resident with two (2) recycling bins or carts. One shall be used for the accumulation of plastic containers, glass, aluminum and other allowable co-mingled materials. The other shall be used for newspaper, magazines, glossy paper, office grade paper, and corrugated cardboard. The bins shall be set out on the designated collection day. (7) The responsibility for proper placement and preparation of solid waste materials for collection shall be that of the resident of the dwelling unit. It shall be unlawful for any person, upon vacating or moving from any dwelling, storeroom, or any other building in the City, to fail to remove all garbage, rubbish, and debris from such building and premises, and grounds appurtenant thereto, or to fail to place said waste in an approved sanitary container for disposal in accordance herewith. Failure of a renter, lessee, and/or tenant to comply with this requirement shall obligate the property owner of record to fulfill the responsibility of compliance with this Article. Where the resident of a dwelling unit is physically unable to deliver Residential Solid Waste to curbside the resident can complete an Application For Request for Reasonable Accomodation. The Public Works Director or they’re designee shall review the request and make a determination on the request for reasonable accommodation based upon a finding that the proposed accommodation is reasonable, and the applicant is an individual with a disability as defined in 42 U.S.C.’s 12102 of the Americans with Disabilities Act. The applicant will be notified in writing of the decision on the request for reasonable accommodation. Regardless of any accommodation made pursuant to the facts described in this paragragh, vegetative waste 392 of 506 must continue to be placed at curbside. (8) Hazardous wastes, infectious wastes, construction and demolition material, dead animals and any other prohibited waste shall not be placed in garbage cans, bags. or any other types of containers or placed loose on the ground with the expectation of having the material collected by the City. These materials are not part of Single Family Residential Refuse Collection Service. The resident and/or property owner should contact the Director of Public Works in order to inquire as to the proper disposal method for such materials. Sec. 10-25. Containerized commercial and residential collection. (a) Regulations governing containerized service: (1) Containerized refuse service shall be carried out by the City at commercial or multifamily residential establishments in the promotion of improved sanitary conditions for the prevention of health hazard. Containers are supplied by and shall remain the property of the City. The landowner is responsible for the protection of containers placed to serve the premises. The landowner shall be liable to the extent of the cost of repairs and cleanliness or replacement of containers when damaged by fire, negligence, vandalism or other forms of abuse. (2) Free dumpingUnimpeded access to containers at all times shall be provided by the landowner. All containers shall be located so that the collection vehicle driver can dump containers without leaving the vehicle. (3) Customers using garbage chutes or interior storage shall provide containers on rollers which will be the responsibility of the owner or occupant for maintenance. The landowner shall be responsible for placing (rolling) them to the proper position for emptying and in time for emptying. (4) The size or number of containers shall be determined by the volume of refuse to be deposited and will be in direct relationship to the manner in which the user elects to utilize the space provided in said container or containers. Charges shall be assessed on the basis of cubic yards of refuse removed from premises whether manually compacted or loose. (5) At each multifamily site, located adjacent to the dumpsters, or a location approved by the City, the City shall may place a minimum of two (2) recycling carts. The carts are for the purpose of collecting recycling materials. The landowner must allow space for the carts adjacent to the dumpsters, and properly accessible by the City trucks for servicing. The residents of the multifamily development shall be encouraged to conduct recycling. The carts will be serviced a minimum of once a week. The placement of materials, garbage, yard trash, or any other material not approved in the definition of recyclable materials shall be strictly prohibited. This service is provided as a part of the garbage collection fee. (6) Commercial, institutional, and any other type activity requiring containerized garbage collection, except for multifamily collection service, are encouraged to access the garbage and trash stream, to determine the benefits of recycling. The City will provide dumpsters, designated for cardboard and paper recycling. The service will be provided for a fee. Sec. 10-26. Roll-off services. (a) Construction sites. All construction, renovation, remodeling, and repair sites, requiring a permit from the City for work being conducted, shall be maintained in a clean and sanitary condition at all times. Each construction site shall be provided with solid waste containers adequate in size and sufficient in number to accommodate the accumulation of solid waste during the interval between scheduled removals of solid waste from the project site. The number and type of refuse containers shall be subject to the approval of the Public Works Department. The owner of the property, or the contractor conducting the operations, shall have the right to provide the material removal service with his own containers and equipment. In all other cases, the owner or contractor shall be required to obtain such removal services from the City. The 393 of 506 Public Works Department shall determine exclusively whether this service would require the use of roll-off containers, or the service could be adequately provided by some other means. (b) Stop work. During the construction of any site project the Building Official may at his/her discretion, issue a written order to stop work on a construction project for failure to maintain the construction site in a clean and sanitary condition, or for failing to adhere to the requirement of this chapter. (c) Final cleanup. Solid waste shall be removed from the construction, renovation, remodeling, or repair site, and the area properly cleaned to the satisfaction of the Director of Public Works within five (5) workdays following the completion and final inspections of the work performed under a permit, and in all instances prior to the issuance of a certificate of occupancy by the Building Department. (d) Roll-off location. All roll-off containers shall be placed on the customer's property in a location accessible for service. Roll-offs may be placed in the public right-of-way only if a permit to do so is issued by the Engineering Department. Roll-off containers not serviced within 30-days of issuance may be removed from the property by the City at the Public Works Directors discretion. Sec. 10-27. General regulations. (a) Predetermination of refuse storage sites required. Prior to the issuance of a building permit by the City Building Department for the renovation, modification or erection of a new structure, provisions must be made for the storage and handling of refuse. Such arrangements shall provide free access to containers by mechanized equipment at all times. Acting jointly, the Public Works Department and the City Building Department and the builder-owner- occupant, as applicable, shall mutually arrive at a satisfactory arrangement to meet collection requirements. (b) Refuse from containerized residential units will be collected twice a week or as necessary. Such frequency of service shall be determined exclusively by the Director of Public Works to ensure public safety, health, cleanliness and appearance. In the case of the commercial establishment, the customer will be billed for the amount of service required to meet the solid waste standards. (c) Duty to record and bill users of City system. The Director of Public Works shall cause to be kept, an accurate record of all persons using the services and facilities of the said municipal refuse collection and disposal system and make charges in accordance with the rates and charges herein established. The City may choose to not provide solid waste services because of non- payment. (d) [Unlawful deposits.] It shall be unlawful for any person to deposit on, or bury in, or cause to be deposited on or buried in, upon any land, vacant or unoccupied premises in the City or upon any occupied property public square, or upon any street, alley, park, parkway, or in any canal, waterway, bridge, easement, or other public passageway, or right-of-way, or any storm drain, rock pit and sand pit, pool or lake within the City any noxious, filthy, malodorous or offensive liquid or solid materials, garbage, refuse, or rubbish anywhere within the limits of the City in any vessel or receptacle other than in an approved refuse container which is collected regularly. Nothing in this provision shall prohibit private, backyard, nuisance-free composting practices for home gardening purposes. No person shall burn or cause to be burned any refuse or waste anywhere within the City limits, except as otherwise provided by law. Cross references -Depositing litter in bodies of water, § 15-30; polluting park waters, § 16-26. (e) Mulch or compost piles permitted. Horticultural trash and refuse containing no combustible matter, or which will not, during decay, give off offensive odors, may be accumulated by the owner as a mulch or compost pile in the rear of the residential premises upon which the material is accumulated. Bringing material from offsite onto the property for the sake of composting will be prohibited. Composting for commercial purpose, or composting to develop 394 of 506 a marketable product shall be prohibited except for those cases allowed by commercial enterprise, and properly licensed to conduct such operations. (f) Ownership of collection refuse and waste. (1) Ownership of refuse and waste material shall be vested in the City at the time of collection. (2) It shall be unlawful for any person, not authorized to do so, to open, remove, untie, or to interfere with the orderly and legitimate collection of any refuse containers placed for collection and disposal. It shall be unlawful for any person to scavenge any solid waste within the City. (3) Recycling material to be collected, such as newspaper, newspaper/grade papers, and/or other materials, shall become the property of the City from the time of placement at the curb by the customer, and it shall be a violation of this Article for any person, firm, corporation, or partnership other than the City, to tamper with or to take or remove, or to convert to its own use in any way, such material. Each such collection in violation hereof from one (1) or more residences or businesses during such period shall constitute a separate and distinct offense. (g) Dead animals. It shall be unlawful to place any dead animal or parts thereof in any solid waste container for collection; however, this section shall not apply to animal parts from food preparation for human consumption. (h) Incinerators. No private incineration units shall be erected or operated within the City from the date of this Article except upon approval of the City Commission, and the issuance of the proper permits and licenses from any and all regulating agencies. (i) Landfills. It shall be unlawful for any person to create, use, own, or operate any landfill or dump within the corporate limits of the City. (j) Littering. It shall be unlawful to place, or allow to be placed, any solid waste upon the roads, streets, storm drains, canals, lakes, other bodies of water, of any public or private property within the City except as provided herein. (k) Non-interference. It shall be unlawful for any person to interfere with any employee of the City while in the performance of their duties as authorized by this chapter. Sec. 10-28. Reserved. . Sec. 10-29. Purpose of rates and charges. The rates and charges herein set forth are imposed to provide revenue for the purpose of paying the costs of the operation and maintenance of the refuse collection and disposal system of the City and extensions thereof and replacements thereto and for any other lawful purpose as so determined by the City Commission. Sec. 10-30. Rates and charges for City service. The rates and charges for refuse collection service provided by the City shall be as follows: (a) Commercial containerized, excluding multifamily residential units: (1) Monthly commercial charges shall consist of a total of the following three (3) items: a. Rental charge - The charge assessed to account for expenses related to the provision of commercial refuse containers. The Public Works Director shall annually adjust the container rental fee based upon changing market prices of new containers. b. Disposal charge-A fixed disposal charge as set and modified from time to time by the Palm Beach County Solid Waste Authority. This price shall be passed on to the customer directly. c. Operating charge-A fixed charge per cubic yard to cover all other labor and equipment hauling expenses and charges of the Solid Waste Department. The rate in 201408 - 201509 will be fixed at four dollars ($4.00) per cubic yard and shall be increased annually thereafter based upon changes to operating expenses at the discretion of the Public Works Director at the 395 of 506 beginning of each fiscal year, or as otherwise provided by the City Commission. (2) Partial monthly service will be charged on a prorated basis, based on the rates in subsection (1a.) above. (3) Mechanical compressed or compactor refuse shall have the disposal rate computed at a three-to-one (3:1) ratio of the disposal rates set forth in subsection (1b.) above. Containers with compactors shall be furnished by the owner, therefore, no rental cost shall be charged. (b) Noncontainerized commercial service: Refuse picked up from residential type cans at commercial establishments shall have their level of service negotiated by the Public Works Department. (c) Collection rates: ResidentiMulti- al Family FY $14.0 $10.7 201307-012.2 59.00 1408 5 FY $12.7 $9.50 201408-515.0 11.75 1509 0 FY 2009-$13.2$10.0 102015-516.0012.7 16 0 5 (d) Rate schedule extra pickup of dumpsters at multifamily locations: Four dollars ($4.00) per cubic yard. (de) Roll-off rates. Rates for roll-off dumpsters for construction and demolition debris shall be established and modified from time to time by the Director of Public Works based upon private markets conditions. Sec. 10-31. Violations and enforcement. It is hereby declared unlawful and a violation of this Article for any person to do or permit to be done any of the following acts or practices: (1) To deposit or place in or cause to be deposited or placed in a trash container any materials other than those defined in this Article as refuse. (2) To fail or neglect to keep or cause to be kept clean and sanitary, tightly covered and in good state of repair, all refuse containers. (3) To use or supply garbage cans and refuse containers other than those defined and provided for in this Article. (4) To collect or permit to be collected by anyone, the garbage from any garbage container other than by persons regularly employed by the City for that purpose unless specifically authorized by the City Commission. It shall be unlawful for any person to fail, neglect, or refuse to comply with and abide by each provision of this Article. The performance on each day of any prohibited act or practice shall constitute a separate offense, and shall be punishable as such. Sec. 10-32. Disaster-generated debris removal management plan; authority, priorities and limitations. 396 of 506 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: a. 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; b. 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; c. 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; d. The disaster-generated debris is determined by the City of Boynton Beach Building Official or Public Health Official to be dangerous or hazardous; e. The disaster-generated debris prevents garbage collection, thereby creating a public health and safety hazard; f. The disaster-generated debris contains contaminants which have a reasonable likelihood of leeching into the soil and/or aquifer of the city; g. 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; h. 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; i. 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; j. The presence of the disaster-generated debris significantly adversely impacts the city’s recovery efforts; k. The disaster-generated debris significantly interferes with drainage or water runoff, so as to be a significant hazard in the event of significant rainfall; l. 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 m. 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 397 of 506 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 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. Section 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 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. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act). (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 rights-of- way or on private roads which is deemed not to be disaster-generated debris, 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 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 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 398 of 506 disaster-generated debris unless it is necessary to eliminate an immediate threat to the safety of city work forces. Secs. 10-33—10-49. Reserved. 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 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. rd FIRST READING this 3 day of September, 2014. SECOND, FINAL READING AND PASSAGE this ________ day of ______________, 2014. CITY OF BOYNTON BEACH, FLORIDA _____________________________ Mayor – Jerry Taylor _____________________________ Vice Mayor – Joe Casello _____________________________ Commissioner – David T. Merker _____________________________ Commissioner – Mack McCray _____________________________ Commissioner – Michael M. Fitzpatrick 399 of 506 ATTEST: _______________________ Janet M. Prainito, MMC City Clerk (CORPORATE SEAL) 400 of 506 401 of 506 402 of 506 403 of 506 404 of 506 405 of 506 406 of 506 407 of 506 408 of 506 409 of 506 410 of 506 411 of 506 412 of 506 413 of 506 414 of 506 415 of 506 416 of 506 417 of 506 418 of 506 419 of 506 420 of 506 421 of 506 422 of 506 423 of 506 424 of 506 425 of 506 426 of 506 427 of 506 428 of 506 429 of 506 430 of 506 431 of 506 432 of 506 APPLICATION FOR CURBSIDE EXEMPTION PICKUP Please complete this application, have it notarized by a State of Florida Licensed Notary Public, and return it to the City of Boca Raton, Municipal Services Department, Sanitation Division at 201 W. Palmetto Park Road, Boca Raton, Florida st 33432, by July 31, 2011. The City Manager or his designated representative shall exempt the occupants of any single-family dwelling for the curbside garbage requirement upon the filing of an affidavit stating that the occupants of the dwelling are disabled by medically determinable physical or mental impairment or deformity which render the occupants unable to place such waste at the curb or edge of the street. RESIDENT NAME: _____________________________________________________________________ _ STREET ADDRESS: _____________________________________________________________________ _ PLEASE STATE REASON FOR EXEMPTION: ________________________________________________ _____________________________________________________________________ ___________________ I certify that the above named individual(s) meet the medical requirement as stated above: Physician Name and License Number: _____________________________________________________ Address: _____________________________________________________________________ ________ Telephone: _________________________ AFFIDAVIT I affirm and swear that all occupant(s) of the single-family property identified above are disabled by medically determinable physical or mental impairment or deformity which renders the occupant(s) unable to place such waste at the curb or edge of the street. _______________________________________ ___________________ Signature of Applicant Date 433 of 506 STATE OF FLORIDA COUNTY OF PALM BEACH, TO-WIT: The foregoing affidavit was acknowledged before me, this _____ day of ________________, 20_____, by __________________________________________. My commission expires ______________________. 434 of 506 SOLID WASTE RATE COMPARISON July 2, 2014 Residential Refuse Multi – Family Community Service Level Rate Rate Twice/wk – Garbage N/A Transition to Enterprise Once/wk – Recycling City of Boca Raton $16.00 Once/wk – Vegetation Quarterly – Bulk Trash $14.00/Mo. Current Twice/wk – Garbage $10.75 per Unit City of Boynton Beach ($15.00/Mo. Proposed for Once/wk – Recycling ($11.75/Mo. Proposed for FY2014/15) Once/wk–Bulk/Vegetation FY2014/15) Twice/wk – Garbage N/A City of Lake Worth $20.48/Mo FY2010 Once/wk – Recycling Once/wk–Bulk/Vegetation Twice/wk – Garbage N/A Republic Services Town of Lantana Once/wk – Recycling $18.98/Mo Bi-wkly–Bulk/Vegetation Twice/wk – Garbage $16.00/Mo $14.00/Mo Once/wk – Recycling West Palm Beach + $2.45/Mo Recycling + 1.96/Mo Recycling WMI Once/wk – Vegetation Franchise WMI Once/wk – Bulk Twice/wk – Garbage $6.56 / Unit Franchise to WMI Delray Beach Once/wk – Recycling $12.72/Mo Once/wk-Bulk/Vegetation Twice/wk – Garbage $7.07 / Unit Franchise to WMI Once/wk – Recycling Palm Springs $11.58 / Mo Once/wk – Vegetation Once/wk – Bulk Twice/wk – Garbage Franchise to WMI $4.60 / Per Cubic Yard Once/wk – Recycling Royal Palm Beach $10.76 / Mo Once/wk – Vegetation + $2.62 / Mo Recycling Once/wk – Bulk 435 of 506 13. D LEGAL September 16, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 16, 2014 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. 14-023 - FIRST EQUESTED CTION BY ITY OMMISSION READING - Approve the historic designation application for the site of the Boynton Woman's Club located at 1010 South Federal Highway, Boynton Beach. ER: The owner of the property located at 1010 South Federal XPLANATION OF EQUEST Highway has submitted an application to have the property designated as a historic site. If the application is approved, the property will be added to the Boynton Beach Register of Historic Places. To qualify as a historic site, a property must have significance in American history, architecture, archaeology, engineering or culture, and possess integrity of location, design, setting, materials, workmanship, feeling, and association. The site must also be significant in one or more of the following areas: a. Association with events that have made a significant contribution to the broad patterns of the City’s history; b. Association with the lives of persons significant in the City’s past; c. Embodies the distinctive characteristics of a type, period or method of construction, or represents the work of a master, or possesses high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction; 436 of 506 d. Has yielded, or may be likely to yield, information important in prehistory or history; or e. Is listed in the National Register of Historic Places. The subject property is the site of the Boynton Woman’s Club building which was built from 1925-1926. The clubhouse is a fine example of the Mediterranean Revival style of architecture constructed in Boynton Beach during the Florida Boom Period (1919 – 1929). Since its construction, the building has been in continuous use by the Boynton Woman’s Club as a meeting place and as a center for community activities. It is the only structure in the city designed by the architect Addison Mizner and its construction was partly funded from the estate of Major Nathan S. Boynton as a memorial to him. The site was added to the National Register of Historic Places in 1979. The structure retains almost all of its original architectural features and is in good condition although some repair work is required. A number of alterations have been undertaken; however, they have been carried out in a sensitive manner that has retained the original Mediterranean Revival style characteristics designed by Addison Mizner. As detailed in the designation application, the subject site is significant in a local context for its architecture and social history and, although some alterations have been undertaken, it retains much of its integrity. The site also meets criteria “a”, “b”, “c” and “e” from the above list. Therefore, based on the above described qualities, the site meets the required criteria and is eligible for historic designation. The Historic Resources Preservation Board (HRPB) will consider the application at its meeting on September 8, 2014. H? The site will be added to the OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Boynton Beach Register of Historic Places which will help raise public awareness of the City’s Historic Preservation Program and will promote heritage tourism. The designation and protection of historic sites also meets the requirements of the Certified Local Government Agreement with the Florida Division of Historical Resources. FI: There will be no immediate fiscal impact to the city. ISCAL MPACT A: None recommended. LTERNATIVES 437 of 506 ORDINANCE NO. 14-____ AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, DESIGNATING THE PROPERTY KNOWN AS THE BOYNTON WOMAN’S CLUB LOCATED AT 1010 SOUTH FEDERAL HIGHWAY, WHICH IS MORE FULLY DESCRIBED HEREIN, AS A LOCAL HISTORIC SITE; PROVIDING A NON-SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. WHEREAS , Chapter 4, Article IX, Section 6.C. of the City of Boynton Beach Land Development Regulations provides for the designation and protection of historic sites in the City of Boynton Beach; and WHEREAS, the Boynton Women’s Club is was built from 1925-1926 and is a fine example of the Mediterranean Revival style of architecture constructed in Boynton Beach during the Florida Boom Period (1919 – 1929); and WHEREAS, the Historic Preservation Board of the City of Boynton Beach prepared a designation report for the designation of the Boynton Woman’s Club as a historic site and held a duly noticed public hearing in regard to the designation of the property as an historic site at which no member of the public spoke in opposition to the designation of the property as an historic site; and WHEREAS, the Historic Preservation Board of the City of Boynton Beach on September 8, 2014 recommended that the Boynton Woman’s Club be designated a historic site; and WHEREAS, the City Commission of the City of Boynton Beach has conducted a duly noticed public hearing in regard to the designation of the Boynton Woman’s Club as a historic site. 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. 438 of 506 Section 2. The Boynton Woman’s Club is located at 1010 South Federal Highway, which is legally described on the survey which is attached and incorporated into this Ordinance Exhibit "A" as , and is hereby designated as the Boynton Women’s Club in accordance with and under the provisions of Chapter 4, Article IX, Section 6.C., of the City of Boynton Beach Land Development Regulations. Section 3. It is the intention of the City Commission of the City of Boynton Beach that this Ordinance and each and every of its terms be considered a part of a single whole and that the Ordinance not be severable and that if a court of competent jurisdiction finds that any section of this Ordinance is unlawful or unenforceable the Ordinance shall be unenforceable it its entirety. Section 4. This Ordinance shall become effective immediately upon its passage and adoption. FIRST READING this ____ day of ____________, 2014. 439 of 506 SECOND, FINAL READING AND PASSAGE this ______ day of ________, 2014. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor ______________________________ Vice Mayor – Joe Casello ______________________________ Commissioner – David T. Merker ______________________________ Commissioner – Mack McCray _______________________________ Commissioner- Michael M. Fitzpatrick ATTEST: ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 440 of 506 441 of 506 442 of 506 443 of 506 444 of 506 445 of 506 446 of 506 447 of 506 448 of 506 449 of 506 450 of 506 451 of 506 452 of 506 453 of 506 454 of 506 455 of 506 456 of 506 457 of 506 458 of 506 459 of 506 460 of 506 461 of 506 462 of 506 463 of 506 464 of 506 465 of 506 466 of 506 467 of 506 468 of 506 469 of 506 470 of 506 471 of 506 472 of 506 473 of 506 474 of 506 475 of 506 476 of 506 477 of 506 478 of 506 479 of 506 480 of 506 481 of 506 482 of 506 483 of 506 484 of 506 485 of 506 13. E LEGAL September 16, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 16, 2014 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. 14-024 - FIRST EQUESTED CTION BY ITY OMMISSION READING - Approve the extension of the current Mobile Vending Unit regulations for a period of 90 days. ER: At the August 29, 2014 Commission Strategic Planning XPLANATION OF EQUEST meeting, staff was directed to modify the existing regulations and return to Commission with recommended changes. In order to allow sufficient time to meet with each Commissioner to determine the desired outcome for modification of the current code, staff is requesting to extend the existing regulations for a period of 90 days. H? No change to the current process OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES for 90 days, effective October 1, 2014. FI: N/A ISCAL MPACT A: Provide staff with different policy direction. LTERNATIVES 486 of 506 ORDINANCE NO. 14-024 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA APPROVING THE EXTENSION OF THE CURRENT MOBILE VENDING UNIT REGULATIONS FOR A PERIOD OF NINETY DAYS; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS , at the August 29, 2014 Commission Strategic Planning meeting staff was directed to modify the existing regulations and return to the Commission with recommended changes; and WHEREAS, in order to allow sufficient time to determine the desired outcome for modification of the current code, staff is requesting to extend the existing regulations for a period of 90 days commencing October 1, 2014; and WHEREAS , the City Commission finds it to be in the best interest of the citizens and residents of the City to approve the 90 day extension of the current Mobile Vending Unit regulations to allow staff to determine desired outcome for modification. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: . Section 1The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. The City Commission hereby approves a 90 day extension of the current Mobile Vending Unit regulations commencing October 1, 2014. Section 3. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 4. This Ordinance shall become effective on the date of second reading set forth below. The 90 day extension shall commence October 1, 2014. 487 of 506 FIRST READING this ____ day of ____________, 2014. SECOND, FINAL READING AND PASSAGE this ______ day of ________, 2014. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor ______________________________ Vice Mayor – Joe Casello ______________________________ Commissioner – David T. Merker ______________________________ Commissioner – Mack McCray ______________________________ Commissioner – Michael M. Fitzpatrick ATTEST: ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 488 of 506 13. F LEGAL September 16, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 16, 2014 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 14-025 - FIRST EQUESTED CTION BY ITY OMMISSION READING - Approve ordinance dissolving the Quantum Community Development District. ER: In 1991, the City of Boynton Beach established the XPLANATION OF EQUEST Quantum Community Development District for the purpose of funding a number of infrastructure improvements and to perform routine maintenance. This District was created by the City in conformance with applicable State law at the time. The Board of Supervisors has determined that the Quantum Community Development District need no longer remain in service. All debt of the District has been retired and the District no longer provides maintenance services that would require District revenue. Staff will note that many of the maintenance activities of common grounds are now the responsibility of the Quantum Park Overlay Dependent District. The Overlay District will survive this dissolution. H? NA OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: None ISCAL MPACT A: None LTERNATIVES 489 of 506 ORDINANCE NO. 14-025 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, RELATING TO THE QUANTUM COMMUNITY DEVELOPMENT DISTRICT; PROVIDING FOR LEGISLATIVE FINDINGS; SPECIFYING AUTHORITY; DISSOLVING THE QUANTUM COMMUNITY DEVELOPMENT DISTRICT PURSUANT TO SECTION 190.046(9), FLORIDA STATUTES; PROVIDING FOR RELIANCE UPON REPRESENTATIONS; SPECIFYING INTENT; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the Florida Legislature has enacted and amended chapter 190, Florida Statutes to provide an alternative method to finance and manage basic services for community development; and WHEREAS, on July 16, 1991, the City Commission adopted Ordinance No. 091-48 establishing the Quantum Community Development District (the “District”); and WHEREAS, Section 196.046(9), Fla. Stat. provides that if a district has no outstanding financial obligations and no operating or maintenance responsibilities, upon the petition of the district, the district may be dissolved by a nonemergency ordinance of the City Commission that established the district; and WHEREAS, the Board of Supervisors of the District adopted Resolution No. 2014-01 authorizing District Counsel to file a petition with the City to dissolve and terminate the District (the “Petition”), a copy of the Petition is attached hereto as Exhibit “A”; and WHEREAS, the District submitted the Petition to the City, and requested that the City adopt an ordinance terminating and dissolving the Quantum Community Development District pursuant to Section 190.046(9), Fla. Stat.; and WHEREAS, the Petition represents to the City that the District has no outstanding financial obligations and no operating or maintenance responsibilities; and WHEREAS, in adopting this Ordinance, the City Commission has relied upon the representations made in the Petition; and WHEREAS, the City Commission has conducted the requisite public hearings; and 490 of 506 WHEREAS, the City Commission finds that the termination and dissolution of the Quantum Community Development District is in the best interests of the citizens and residents of the City. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. SECTION 2. This Ordinance is adopted pursuant to Section 190.046(9), Florida Statutes. SECTION 3. Quantum Community Development District, as established by Ordinance No. 091-48, is hereby dissolved. SECTION 4. The dissolution of the District is specifically based upon the representations made in the Petition. SECTION 5. It is the intent of the City Commission of the City of Boynton Beach to not assume any expenses whatsoever for capital financing, construction, installation, operation, or maintenance of any facilities or services of the District. SECTION 6. It is the intention of the City Commission of the City of Boynton Beach that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Boynton Beach, Florida, and that the Sections of this Ordinance may be renumbered, re-lettered and the word “Ordinance” may be changed to “Section,” “Article”, or such other word or phrase in order to accomplish such intention. SECTION 7. If any clause, section, or other part or application of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and so not affecting the remaining portions or applications remaining in full force and effect. 491 of 506 SECTION 8. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. SECTION 9. This Ordinance shall become effective immediately upon its passage and adoption. FIRST READING this ____ day of ____________, 2014. SECOND, FINAL READING AND PASSAGE this ______ day of ________, 2014. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor ______________________________ Vice Mayor – Joe Casello ______________________________ Commissioner – David T. Merker ______________________________ Commissioner – Mack McCray _______________________________ Commissioner- Michael M. Fitzpatrick ATTEST: ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 492 of 506 493 of 506 494 of 506 495 of 506 13. G LEGAL September 16, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 16, 2014 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. 14-026 - FIRST EQUESTED CTION BY ITY OMMISSION READING - Approve Boynton Beach Community Redevelopment Plan Amendment. ER: The Community Redevelopment Agency has requested that the XPLANATION OF EQUEST City Commission approve a Redevelopment Plan Amendment (Ordinance) and re-adopt a finding of necessity (Resolution), the latter of which will be on the Commission’s 9/30/14 special meeting agenda. The finding of necessity, when adopted, will confirm earlier determinations by the City Commission that properties in the CRA area are properly designed slum or blighted. To better understand the meaning of “slum” and “blighted”, see attached. The explanation for this action is set out in the attached agenda memorandum the CRA received from its General Counsel. Approval of the recommended Ordinance and Resolution will complete the CRA Plan clarifications requested by the CRA. H? No change to programs or services OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES will result from this action FI: None ISCAL MPACT A: None LTERNATIVES 496 of 506 ORDINANCE NO. 14-026 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AN AMENDED COMMUNITY REDEVELOPMENT PLAN TO CLARIFY THE TIME CERTAIN FOR THE COMPLETION OF PROJECTS DESCRIBED IN THE COMMUNITY REDEVELOPMENT PLAN; PROVIDING AUTHORITY TO MODIFY OR AMEND SAID PLAN; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT, SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS , the Legislature of the State of Florida enacted Part III of Chapter 163, Florida Statutes, (The Community Redevelopment Act of 1969, referred to as “The Act”); and WHEREAS, the City Commission of the City of Boynton Beach, Florida, pursuant to the Act has created the Boynton Beach Community Redevelopment Agency; and WHEREAS , the City Commission, pursuant to the Act, has previously adopted and amended the Community Redevelopment Plan; and WHEREAS, the City Commission, pursuant to the Act, has declared areas of Boynton Beach, as described in the Community Redevelopment Plan, as it has been amended from time to time, to be a blighted area as defined in the Act, and that the rehabilitation, conservation or redevelopment, or combination thereof, of such area is necessary in the interest of the public health, safety, morals, or welfare of the residents of the City of Boynton Beach; and WHEREAS, the City Commission, pursuant to the Act, finds that the areas of Boynton Beach described in the Community Redevelopment Plan, as it has been amended from time to time, remain blighted as defined in the Act, and that the rehabilitation, conservation or redevelopment, or combination thereof, of such area is necessary in the interest of the public health, safety, morals, or welfare of the residents of the City of Boynton Beach; and WHEREAS, the Community Redevelopment Plan, as it has been amended from time to time, does not currently contain a time certain for the expiration of the Community Redevelopment Agency; and WHEREAS , the City Commission finds that it would be beneficial to clarify or extend the time certain in order to make the Community Redevelopment Plan consistent with the Florida Statutes, the bonds issued to fund the Community Redevelopment Agency, the TIF funding for the Community Redevelopment Agency, and the projects described in the Community Redevelopment Plan; and 497 of 506 WHEREAS, the City Commission has held a public hearing after public notice in conformance with the requirements of the Act; and WHEREAS, the Boynton Beach Community Redevelopment Agency has provided notice to the taxing authorities in conformance with the Requirements of the Act; and WHEREAS, the City Commission has determined that this ordinance is for a proper purpose and in the best interests of Boynton Beach; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1: The WHEREAS clauses set forth above are adopted herein as findings of fact. Section 2: The Time Certain Appendix to all currently existing Community Redevelopment Plans and parts thereof, for the redevelopment areas, the boundaries of which are described in the Community Redevelopment Plans and parts thereof, having been duly received and considered as provided by law, is hereby approved and adopted as attached hereto as Exhibit “A” and made a part of this ordinance by reference. Said Appendix is hereby designated as the Time Certain Appendix to the existing Community Redevelopment Plans and parts thereof. It is the purpose and intent of the City Commission that this Appendix become an appendix to all currently existing Community Redevelopment Plans and parts thereof. Section 3: It is hereby found and determined that the aforementioned Community Redevelopments Plans and parts thereof, as amended by the Time Certain Appendix attached hereto as Exhibit “A,” continue to: (1)Conform with the Community Redevelopment Act of 1969, as amended; (2)Are necessary and in the interests of public health, safety, morals and welfare of the residents of the City of Boynton Beach, and will effectuate the purpose of the Act by revitalizing the area economically and socially, thereby increasing the tax base, promoting sound growth, improving housing conditions, and eliminating the conditions which the Florida Legislature has found in the Act to constitute a menace which is injurious to the public health, safety, welfare and morals of the residents; (3)Are sufficiently complete to indicate such land acquisition, demolition and removal of structures, redevelopment, improvements and rehabilitation as may be proposed to be carried out in the community redevelopment area; zoning and planning changes, if any; land uses; maximum densities; and building requirements; (4)Will not result in the displacement of families from the community redevelopment areas, and therefore it is not necessary to provide a feasible method for the location of families displaced from the community redevelopment area; (5)Conform to the general plan of the City of Boynton Beach as a whole; (6)Give due consideration to the provision of adequate park and recreational areas and facilities that may be desirable for neighborhood improvement, with special consideration for the health, safety and welfare of children residing in the general vicinity of the site covered by the Community Redevelopment Plans and parts thereof; and 498 of 506 (7)Will afford maximum opportunity, consistent with the sound needs of the City of Boynton Beach as a whole, for the rehabilitation or redevelopment of the community redevelopment areas by private enterprise. Section 4: The Appendix attached hereto as Exhibit “A” conforms with the Act, as amended. Section 5: The Community Redevelopment Plan may be amended or modified as set forth in Section 163.361, Florida Statutes, as amended. Section 6: Each and every other provision of the Code of Ordinances not herein specifically amended shall remain in full force and effect as previously enacted. Section 7: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 8: Should any section or provision of this ordinance or any 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 9: This Ordinance shall take effect immediately upon passage. {Remainder of page intentionally left blank} 499 of 506 FIRST READING this ____ day of _____________, 2014. SECOND, FINAL READING AND PASSAGE this ________ day of ______________, 2014. CITY OF BOYNTON BEACH, FLORIDA _____________________________ Mayor – Jerry Taylor _____________________________ Vice Mayor – Joe Casello _____________________________ Commissioner – David T. Merker _____________________________ Commissioner – Mack McCray _____________________________ Commissioner – Michael M. Fitzpatrick ATTEST: _______________________ Janet M. Prainito, MMC City Clerk (CORPORATE SEAL) 500 of 506 Exhibit A TIME CERTAIN APPENDIX The time certain for the completion of all redevelopment financed by increment revenues, specifically the projects described in the Boynton Beach Community Redevelopment Plan[s] and parts thereof, is hereby declared or extended to be September 30, 2044, exactly 60 years after the end of the fiscal year in which the initial community redevelopment plan was approved pursuant to City of Boynton Beach Ordinance No. 84-32. 501 of 506 1 DETERMINATION OF SLUM AREA OR BLIGHTED AREA “Slum area” means an area having physical or economic conditions conducive to disease, infant mortality, juvenile delinquency, poverty, or crime because there is a predominance of buildings or improvements, whether residential or nonresidential, which are impaired by reason of dilapidation, and exhibiting one or more of the following factors deterioration, age, or obsolescence, :  Inadequate provision for ventilation, light, air, sanitation, or open spaces;  High density of population, compared to the population density of adjacent areas within the county or municipality; and overcrowding, as indicated by government-maintained statistics or other studies and the requirements of the Florida Building Code; or  The existence of conditions that endanger life or property by fire or other causes. “Blighted area” means an area in which there are a substantial number of deteriorated, or deteriorating structures, in which conditions, as indicated by government-maintained statistics or other studies, are and in which two or more of the following leading to economic distress or endanger life or property, factors are present :  Predominance of defective or inadequate street layout, parking facilities, roadways, bridges, or public transportation facilities;  Aggregate assessed values of real property in the area for ad valorem tax purposes have failed to show any appreciable increase over the 5 years prior to the finding of such conditions;  Faulty lot layout in relation to size, adequacy, accessibility, or usefulness;  Unsanitary or unsafe conditions;  Deterioration of site or other improvements;  Inadequate and outdated building density patterns;  Falling lease rates per square foot of office, commercial, or industrial space compared to the remainder of the county or municipality;  Tax or special assessment delinquency exceeding the fair value of the land;  Residential and commercial vacancy rates higher in the area than in the remainder of the county or municipality;  Incidence of crime in the area higher than in the remainder of the county or municipality;  Fire and emergency medical service calls to the area proportionately higher than in the remainder of the county or municipality;  A greater number of violations of the Florida Building Code in the area than the number of violations recorded in the remainder of the county or municipality;  Diversity of ownership or defective or unusual conditions of title which prevent the free alienability of land within the deteriorated or hazardous area; or  Governmentally owned property with adverse environmental conditions caused by a public or private entity. at least one of the Exception to foregoing: The term “blighted area” also means any area in which factors [above] are present and all taxing authorities…agree, either by interlocal agreement or agreements with the agency or by resolution, that the area is blighted. Such agreement or resolution shall only determine that the area is blighted. 1 Authority F.S. 163.340 (7)&(8) 502 of 506 503 of 506 504 of 506 14. A FUTURE AGENDA ITEMS September 16, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 16, 2014 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 impact of pending legislation legalizing EQUESTED CTION BY ITY OMMISSION restricted use of medical marijuana - October 7, 2014 ER: Vice Mayor Casello requested a future agenda item for XPLANATION OF EQUEST discussion of the impact of this legislation on city zoning, business licenses, etc. This item will be scheduled for an August commission agenda. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 505 of 506 14. B FUTURE AGENDA ITEMS September 16, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 16, 2014 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: Commission discussion and direction for the EQUESTED CTION BY ITY OMMISSION Financial Advisory Committee for the FY 14/15. - TBD ER: To discuss if there are any topics or tasks that the XPLANATION OF EQUEST Commission want the Financial Advisory Committee to review and report on during the FY 14/15. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 506 of 506