Loading...
Agenda 10-21-14 Searchable The City of The City of Boynton Beach Boynton Beach 100 E. Boynton Beach Boulevard ● (561) 742-6000 TUESDAY, OCTOBER 21, 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 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 714 1. OPENINGS A. Call to order - Mayor Jerry Taylor B. Invocation by Reverend Dr. William Stomski, St. Joseph's Episcopal Church C. Pledge of Allegiance to the Flag led by Commissioner Mack McCray D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. OTHER A. Informational Items by Members of the City Commission 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Due to Election Day on Tuesday, November 4, 2014, the first City Commission meeting in November will be held on Wednesday, November 5, 2014. B. Early Voting for the November 4, 2014 General Election began on Monday, October 20, 2014 and will continue through Sunday, November 2, 2014. The Early Voting hours are 7:00 a.m. until 7:00 p.m. daily at the Ezell Hester Community Center located at 1901 North Seacrest Boulevard. A listing of Early Voting locations throughout Palm Beach County is available in the boxes located in the parking lot outside of City Hall. C. Proclaim October 24th, 2014 as Horace B. Murray, Sr. Day, recognizing him as the first elected Mayor and first family of Boynton Beach. 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 regular and 1 alternate Cemetery Board: 1 alternate Education & Youth Advisory Board: 1 alternate and 1 student N/V Financial Advisory Committee: 4 regulars and 2 alternates Golf Course Advisory Committee: 1 alternate 3 of 714 Historic Resource Preservation Board: 2 alternates Library 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 purchase of three (3) battery-powered stretchers from Stryker- EMS Equipment of Portage, MI, as a sole source vendor for a total cost of $37,332. B. Approve and authorize the City Manager to execute Task Order U-2A-01 with MWH Americas of West Palm Beach, FL at a cost of $28,595 for the evaluation of the nanofiltration membrane elements used at the City of Boynton Beach's (the City) West Water Treatment Plant (West WTP) and provide recommendations on a suitable replacement. This is in accordance with the approval of RFQ 017-2821-14/DJL, General Consulting Services, Scope Category A as approved by the City Commission on July 1, 2014. C. Approve the minutes from the Regular City Commission meeting held on October 7, 2014 D. Accept the written report to the Commission for purchases over $10,000 for the month of September 2014. E. Approve payment to the Florida East Coast Railway for Grade Crossing Maintenance at NE 22nd Avenue in the amount of $52,025.69 and for Grade Crossing Maintenance at SE 5th Street in the amount of $31,669.40 for a total of $83,695.09. F. 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 October 21, 2014 - "Request for Extensions and/or Piggybacks". PROPOSED RESOLUTION NO. R14-103 G. - Approve the temporary closing of Federal Highway on December 6, 2014 for the Holiday Parade and authorize the City Manager (or designee) to apply for the State permit for the temporary road closure. PROPOSED RESOLUTION NO. R14-104 H. – Approve Addendum to Professional Agreement between the City of Boynton Beach and Ballard Partners, Inc. for appropriation lobbyist services extending the agreement for one year in the amount of $45,000 plus expenses for FY 14/15. PROPOSED RESOLUTION NO. R14-105 I. - Accept the Florida Department of State, Division of Historical Resources grant award (No. F1401) in the amount of $27,200 and authorize the City Manager to execute agreements and 4 of 714 documents associated with the Historic Preservation Grant on behalf of the City of Boynton Beach. PROPOSED RESOLUTION NO. R14-106 J. - Approve revised Management Agreement between the City of Boynton Beach and the Boynton Cultural Centre, Inc. (Schoolhouse Children's Museum) 7. BIDS AND PURCHASES OVER $100,000 A. Award the Bid with the Palm Beach County Cooperative Purchasing Council for Chemicals and Fertilizers to multiple vendors as listed below, as the lowest, most responsive and responsible bidders meeting all specifications. Items will be ordered on an "AS NEEDED BASIS". The City's anticipated annual expenditure is $106,300. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. PROPOSED RESOLUTION NO. R14-107 A. - Authorize the City Manager to enter into a Purchase and Development Agreement between the City of Boynton Beach and Boynton Beach Faith-Based Community Development Corporation (BBFBCDC). 10. CITY MANAGER’S REPORT PROPOSED RESOLUTION NO. R14-108 A. - Adopt the City of Boynton Beach Strategic Plan 2014-2015. 11. UNFINISHED BUSINESS None 12. NEW BUSINESS None 13. LEGAL PROPOSED ORDINANCE NO. 14-013 - SECOND READING - PUBLIC A. 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, 5 of 714 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. 11/5/14) PROPOSED ORDINANCE NO. 14-014 - SECOND 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 11/5/14) Housing, LLC. B. 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 11/5/14) Ron Roan of High Ridge Housing, LLC. PROPOSED ORDINANCE NO. 14-027 - SECOND READING - PUBLIC C. HEARING - Approve Amendment to Ordinance 13-003 to restate the terms of appointees Woodrow L. Hay and James "Buck" Buchanan PROPOSED ORDINANCE NO. 14-028 - SECOND READING - PUBLIC D. HEARING - Approve the abandonment of an existing 12 ft. utility easement along Military Trail as part of the construction of a Walmart store at Military Trail and Coconut Lane. Accept dedication of additional right-of-way to Palm Beach County. 14. FUTURE AGENDA ITEMS A. Commission discussion and direction for the Financial Advisory Committee for the FY 14/15 - TBD 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. 6 of 714 3. A ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS October 21, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 7, 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: Due to Election Day on Tuesday, November 4, EQUESTED CTION BY ITY OMMISSION 2014, the first City Commission meeting in November will be held on Wednesday, November 5, 2014. ER: In observance of Election Day and in accordance with Sec. XPLANATION OF EQUEST 8, City Charter, the regular City Commission meeting scheduled for Tuesday, November 4, 2014 should be deferred to Wednesday, November 5, 2014 H? There will be no effect on City OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES programs or services. FI: None ISCAL MPACT A: Conducting the meeting on Tuesday would be in conflict with the City LTERNATIVES Charter. 7 of 714 3. B ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS October 21, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 21, 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: Early Voting for the November 4, 2014 General EQUESTED CTION BY ITY OMMISSION Election began on Monday, October 20, 2014 and will continue through Sunday, November 2, 2014. The Early Voting hours are 7:00 a.m. until 7:00 p.m. daily at the Ezell Hester Community Center located at 1901 North Seacrest Boulevard. A listing of Early Voting locations throughout Palm Beach County is available in the boxes located in the parking lot outside of City Hall. ER: In cooperation with the Palm Beach County Supervisor of XPLANATION OF EQUEST Elections, the Ezell Hester Community Center will be an Early Voting location. This location is available to all citizens within Palm Beach County. H? Arrangements have been made OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES through staff and therefore, there will be no effect on City programs or services. FI: None ISCAL MPACT A: The alternative would be to not cooperate with the Palm Beach County LTERNATIVES Supervisor of Elections in this effort to provide additional opportunities for our citizens to cast their votes. 8 of 714 3. C ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS October 21, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 21, 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 th RACC: Proclaim October 24, 2014 as Horace B. Murray EQUESTED CTION BY ITY OMMISSION Sr. Day, recognizing him as the first elected Mayor and first family of Boynton Beach. ER: Horace Murray, Sr. came to Boynton Beach in 1896 and XPLANATION OF EQUEST raised his family in the City. He was elected Mayor of the incorporated Town of Boynton in 1921 and recognized as Boynton’s first family. The descendants are thth returning to Boynton Beach October 24 and 25 to celebrate their family’s history in the town. H? None OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: N/A LTERNATIVES 9 of 714 C I T A T I O N Horace B. Murray, Sr. came to the Boynton settlement on January 6, 1896 from Bailey, Michigan. Murray and his wife Mary raised 10 children in Boynton with a canvas tent in the scrub serving as their first home. Murray, a building contractor, served as Major Nathan S. Boynton’s construction supervisor on Boynton’s oceanfront hotel. Murray built many of the early frame homes in Boynton, and the first bridge across the Intracoastal canal, a wooden swing bridge at the present day Ocean Avenue. On December 10, 1897, Mary Murray purchased two lots for $25 each from Byrd Spilman Dewey in the original Town of Boynton plat, making the Murray family Boynton’s first family. The Murray home, built partially from lumber of the 1909 Coquimbo shipwreck cargo, still stands today on SE 3rd Street, a fine example of frame vernacular construction. Mr. Murray served the public in many roles, including serving on the County Board of Public Instruction from 1910-1916. In 1921, Horace B. Murray, Sr. served as the first elected mayor of the incorporated Town of Boynton, beating Harry Benson. The vote was 47 to 31. th On October 24th and 25, 2014, descendants of Horace B. Murray, Sr. are convening in Boynton Beach, Florida to celebrate their family’s history in the town. Now, therefore , I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, proclaim October 24, 2014 as Horace B. Murray, Sr. Day in honor of Boynton’s first family. In witness whereof , I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 21st day of October, 2014. ___________________ Jerry Taylor, Mayor Attest: ___________________________ Janet M. Prainito, MMC City Clerk 10 of 714 5. A ADMINISTRATIVE October 21, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 21, 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 regular and 1 alternate Cemetery Board: 1 alternate Education & Youth Advisory Board: 1 alternate and 1 student N/V Financial Advisory Committee: 4 regulars and 2 alternates Golf Course Advisory Committee: 1 alternate Historic Resource Preservation Board: 2 alternates Library 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 11 of 714 APPOINTMENTS AND APPLICANTS FOR OCTOBER 21, 2014 Arts Commission II McCray Reg 3 yr term to 12/14 I Merker Alt 1 yr term to 12/14 Tabled (2) Applicants None ______________________________________________________________________ Building Board of Adjustment & Appeals IV Casello Alt 1 yr term to 12/14 Tabled (3) Mayor Taylor Reg 3 yr term to 12/14 Tabled (2) Applicants None Cemetery Board III Fitpatrick Alt 1 yr term to 12/14 Tabled (3) Applicants None ____________________________________________________________________________________________ Education and Youth Advisory Board II McCray Stu/NonVoting 1 yr term to 12/14 Tabled (2) III Fitzpatrick Alt 1 yr term to 12/14 Tabled (2) Applicants None ______________________________________________________________________ Financial Advisory Committee I Merker Alt 1 yr term to 6/15 Mayor Taylor Alt 1 yr term to 6/15 Tabled (3) II McCray Reg 3 yr term to 6/17 III Fitzpatrick Reg 3 yr term to 6/17 IV Casello Reg 3 yr term to 6/17 Tabled (3) Applicants None 12 of 714 Golf Course Advisory Committee II McCray Alt 5 yr term to 6/16 Tabled (2) Applicants None ________________________________________________________________________________ Historic Resources Preservation Board III Fitzpatrick Alt 2 yr term to 4/16 Tabled (2) IV Casello Alt 2 yr term to 4/16 Tabled (2) Applicants None _____________________________________________________________________________________________ Library Board II McCray Alt 1 yr term to 12/14 Tabled (2) Applicants None ______________________________________________________________________ 13 of 714 6. A CONSENT AGENDA October 21, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 21, 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 purchase of three (3) battery-powered EQUESTED CTION BY ITY OMMISSION stretchers from Stryker-EMS Equipment of Portage, MI, as a sole source vendor for a total cost of $37,332. ER: The Boynton Beach Fire Rescue Department is seeking to XPLANATION OF EQUEST update and replace its current inventory of six (6) battery-powered stretchers which have been in service since 2008 with a new state-of-the-art version power stretcher (6506 POWERPRO XT) which feature a more robust battery system and enhanced safety features. Stryker-EMS Equipment is a sole source for the powerpro xt stretcher, sole source letter attached. H? This purchase will allow the fire OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES department to successfully begin replacement of our six older battery-powered stretchers. This will ensure our equipment continues to the in the best working condition possible for our patients and paramedics. FI: This has been budgeted in the department’s FY 14/15 approved ISCAL MPACT budget, line item 001-2210-522-64-23 for $37,332.00. A: Not to approve the purchase thus delaying the replacement plan of our LTERNATIVES current inventory of battery-powered stretchers. 14 of 714 15 of 714 16 of 714 6. B CONSENT AGENDA October 21, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 21, 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 and authorize the City Manager to EQUESTED CTION BY ITY OMMISSION execute Task Order U-2A-01 with MWH Americas of West Palm Beach, FL at a cost of $28,595 for the evaluation of the nanofiltration membrane elements used at the City of Boynton Beach's (the City) West Water Treatment Plant (West WTP) and provide recommendations on a suitable replacement. This is in accordance with the approval of RFQ 017-2821-14/DJL, General Consulting Services, Scope Category A as approved by the City Commission on July 1, 2014. ER: The City is considering replacing the nanofiltration (NF) XPLANATION OF EQUEST membrane elements in trains 1, 2 and 3 at the West WTP. The elements are currently stnd Dow NF90-400 in the 1 stage and Dow NF270-400 in the 2 stage, and have been in operation for over 10 years. The City wishes to evaluate when the elements should be replaced and if an alternate NF element should be considered for water quality, energy and fouling/life characteristics. As such, MWH is being assigned task order U-2A-01 to prepare a Technical Memorandum for the City detailing their recommendations on the aforementioned basis. MWH’s professional services were approved under RFQ 017-2821-14/DJL by Commission on July 1, 2014 for Scope A – Water Plant Modifications and Capacity Evaluation/Wellfield Development and Hydrogeological Services, and have been selected for this task based upon the approved rotational system. H? Determining when the membrane OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES elements should be replaced will eliminate the need for costly full scale replacement and ensure no interruption of service or compromised water quality to City customers. In addition to further reinforcing continued good water quality, the selection of the most 17 of 714 suitable replacement membrane will also ensure that equipment life and energy consumption goals are met. FI: Funding for this project is approved in the Utility CIP under the following ISCAL MPACT account:- 403-5000-533-65-02; WTR 022 A: The City could also choose to cancel the project or reassign it to one of LTERNATIVES the two other approved contractors. 18 of 714 19 of 714 20 of 714 21 of 714 22 of 714 23 of 714 24 of 714 6. C CONSENT AGENDA October 21, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 21, 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 minutes from the Regular City EQUESTED CTION BY ITY OMMISSION Commission meeting held on October 7, 2014 The City Commission met on October 7, 2014 and minutes were prepared from the notes taken at the meeting. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. H? A record of the actions taken by OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES the City Commission will be maintained as a permanent record. FI: N/A ISCAL MPACT A: N/A LTERNATIVES 25 of 714 26 of 714 27 of 714 28 of 714 29 of 714 30 of 714 31 of 714 32 of 714 33 of 714 34 of 714 35 of 714 36 of 714 37 of 714 38 of 714 39 of 714 40 of 714 41 of 714 42 of 714 43 of 714 44 of 714 45 of 714 46 of 714 47 of 714 48 of 714 49 of 714 50 of 714 51 of 714 52 of 714 53 of 714 54 of 714 55 of 714 56 of 714 6. D CONSENT AGENDA October 21, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 21, 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 September 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 September 2014: Purchase Order Vendor Amount 141321 123 Security Products $ 11,035.78 141337 Globaltech, Inc. $ 18,082.00 141338 MWH Global, Inc. $ 21,881.00 141342 Anzco, Inc. $ 74,428.00 141346 Mathews Consulting, Inc. $ 24,612.00 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 request is reviewed and approved by the Department Director, Finance Department, and City Manager. 57 of 714 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 58 of 714 59 of 714 60 of 714 61 of 714 62 of 714 63 of 714 64 of 714 65 of 714 66 of 714 67 of 714 68 of 714 69 of 714 70 of 714 71 of 714 72 of 714 73 of 714 74 of 714 75 of 714 76 of 714 77 of 714 78 of 714 79 of 714 80 of 714 81 of 714 82 of 714 83 of 714 84 of 714 85 of 714 86 of 714 87 of 714 88 of 714 89 of 714 90 of 714 91 of 714 92 of 714 93 of 714 94 of 714 95 of 714 96 of 714 97 of 714 98 of 714 99 of 714 100 of 714 101 of 714 102 of 714 103 of 714 104 of 714 105 of 714 106 of 714 107 of 714 108 of 714 109 of 714 110 of 714 111 of 714 112 of 714 113 of 714 114 of 714 115 of 714 116 of 714 117 of 714 118 of 714 119 of 714 120 of 714 121 of 714 122 of 714 123 of 714 124 of 714 125 of 714 126 of 714 127 of 714 128 of 714 129 of 714 130 of 714 131 of 714 132 of 714 133 of 714 134 of 714 135 of 714 136 of 714 137 of 714 138 of 714 139 of 714 140 of 714 141 of 714 142 of 714 143 of 714 144 of 714 145 of 714 146 of 714 147 of 714 6. E CONSENT AGENDA October 21, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 21, 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 payment to the Florida East Coast EQUESTED CTION BY ITY OMMISSION nd Railway for Grade Crossing Maintenance at NE 22 Avenue in the amount of $52,025.69 and th for Grade Crossing Maintenance at SE 5 Street in the amount of $31,669.40 for a total of $83,695.09. ER: In January, 2014 the FEC Railway notified the City (letters XPLANATION OF EQUEST attached) that two of the grade crossings scheduled for annual maintenance had declined to the point of needing additional repair. The referenced grade crossings are ndth located at NE 22 Avenue and SE 5 Street. In accordance with the terms of the agreement dated June 18, 1952, certain portions of the cost of the crossing maintenance are the responsibility of the City. The costs to the City are outlined in the attached estimate from FEC; however as per the Agreement the City is responsible only for actual costs of repair. The work has been completed and the FEC has billed the City for the work that was completed. This work is routine and is not related to the All Aboard Florida project. H: OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES ndth Improves the railroad crossings located at NE 22 Avenue and SE 5 Street FI: ISCAL MPACT The notification of this work was sent to the City after the budget was approved therefore no dollars were allocated in the fiscal year. Funding is available in CIP for street improvements ($145,000) and bridge improvements ($65,000). Once approved dollars from the two accounts referenced will be transferred in to CIP Acct. #302-4905- 580-63-23 for FY13/14. 148 of 714 A: None LTERNATIVES 149 of 714 150 of 714 151 of 714 152 of 714 153 of 714 154 of 714 155 of 714 156 of 714 157 of 714 158 of 714 159 of 714 160 of 714 161 of 714 162 of 714 163 of 714 164 of 714 165 of 714 166 of 714 167 of 714 168 of 714 169 of 714 170 of 714 171 of 714 172 of 714 173 of 714 174 of 714 175 of 714 6. F CONSENT AGENDA October 21, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 21, 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 October 21, 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 Tanner Industries, Anhydrous Ammonia City of Stuart Bid No. Sept. 24, 2014 to Inc. 2012-278 Sept. 23, 2015 176 of 714 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 177 of 714 CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGY-BACKS October 21, 2014 REQUESTING DEPARTMENT: Utilities DEPARTMENT CONTACT: Bevis Pigott TERM: September 24, 2014 to September 23, 2015 SOURCE FOR PURCHASE: Piggy-back City of Stuart Bid No. 2012-278 ACCOUNT NUMBER: 401-2821-536-52-35 VENDOR(S): Tanner Industries, Inc. ANNUAL EXPENDITURE: $40,000. DESCRIPTION OF BID EXTENSION: On October 16, 2012, City Commission approved the piggyback of the City of Stuart Bid No. 2012-078 with Tanner Industries to provide ammonia to be used in the water treatment process. Ammonia is used in combination with sodium hypochlorite to form chloramines which destroy the bacteria found in the water. Tanner Industries leases the ammonia storage tanks to the Utilities Department for an annual fee of $1.00. This is the last renewal year for the City of Stuart bid. 178 of 714 6. G CONSENT AGENDA October 21, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 21, 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. R14-103 - EQUESTED CTION BY ITY OMMISSION Approve the temporary closing of Federal Highway on December 6, 2014 for the Holiday Parade and authorize the City Manager (or designee) to apply for the State permit for the temporary road closure. EXPLANATION OF REQUEST : Federal Highway, between Woolbright Road and Ocean Avenue, serves as the route for the City’s Annual Holiday Parade. The closing of this road requires a permit from the Florida Department of Transportation (FDOT). HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Parade is scheduled to begin at 3 p.m. on Saturday, December 6. It will travel north on the th southbound lane of Federal Highway beginning at SE 12 Avenue until Ocean Avenue where the Parade turns west. It will be necessary to close the Highway beginning at 12:30 p.m. between Boynton Beach Blvd. and Woolbright Road. Pursuant to Chapter 14-65 of the Florida Administrative Code, FDOT requires local governments to submit a Request for Temporary Closing/Special Use of State Road along with a resolution authorizing the special event. FISCAL IMPACT : None ALTERNATIVES : Cancel the Parade. 179 of 714 RESOLUTION NO. R14 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE TEMPORARY CLOSING OF FEDERAL HIGHWAY ON DECEMBER 6, 2014, FOR THE ANNUAL HOLIDAY PARADE AND AUTHORIZING THE CITY MANAGER OR HER DESIGNEE TO APPLY FOR STATE PERMITS FOR THE TEMPORARY ROAD CLOSING; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City of Boynton Beach’s annual Holiday Parade is scheduled to be held on Saturday, December 6, 2014 at 3:00 p.m.; and WHEREAS , in order to provide for the safety of the participants and citizens attending the Holiday Parade, Federal Highway will be required to be closed from Boynton Beach Boulevard south to Woolbright Road beginning at 12:30 p.m.; and WHEREAS, the Florida Department of Transportation requires the local government to authorize all temporary road closures on state roadways; and WHEREAS , the City Commission of the City of Boynton Beach desires to authorize the temporary closing of Federal Highway from Boynton Beach Boulevard south to Woolbright Road on December 6, 2014, to provide for the safety of the participants and citizens attending the Holiday Parade; and WHEREAS, the City Manager (or her designee) is authorized to apply for the permit for temporary closing of state roads for special events, pursuant to Chapter 14-65, Florida Administrative Code, for said temporary closings; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON : BEACH, FLORIDA, THAT Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby ratified and confirmed by the City Commission Section 2. That the City Commission of the City of Boynton Beach authorizes the temporary closing of Federal Highway from Boynton Beach Boulevard south to Woolbright Road commencing at 12:30 p.m. on Saturday, December 6, 2014, for the annual Holiday Parade. Section 3. The City Manager (or her designee) is hereby authorized to apply for permits from the Florida Department of Transportation pursuant to Chapter 14-65, Florida Administrative Code, for said temporary closings. Section 4. That this Resolution will become effective immediately upon passage. 180 of 714 PASSED AND ADOPTED this _____ day of October, 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) 181 of 714 182 of 714 6. H CONSENT AGENDA October 21, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 21, 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. R14-104 - EQUESTED CTION BY ITY OMMISSION Approving Addendum to Professional Agreement between the City of Boynton Beach and Ballard Partners, Inc. for appropriation lobbyist services extending the agreement for one year in the amount of $45,000 plus expenses for FY 14/15. ER: In October 2013 the City entered into agreement with XPLANATION OF EQUEST Ballard Partners, Inc. to assist the City in developing a legislative agenda as needed to advocate for the City's position on priority issues. Ballard also advises the City regarding any proposed and/or actual changes in laws, with particular emphasis on changes which might result in "unfunded mandates" or negatively impact the City's home rule authority. Additionally, Ballard will continue to seek funding and assist the City in the acquisition of funds from local, state and federal sources for project funding. H? The consultant will represent the OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES City and advocate on our behalf in Tallahassee before and during the legislative session on priority issues established by the City Commission. Any acquisition of funds would assist to offset potential costs to the City. FI: The cost for these services is $45,000 which is $5,000 less than the ISCAL MPACT first year contract. Funds are budgeted in FY 14/15 budget under line item 001-1211- 512-49-17. A: Not approve the Resolution/contract. LTERNATIVES 183 of 714 RESOLUTION NO. R14- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AN ADDENDUM TO PROFESSIONAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND BALLARD PARTNERS, INC., FOR APPROPRIATION LOBBYIST SERVICES EXTENDING THE AGREEMENT FOR ONE YEAR AND IN AN AMOUNT NOT TO EXCEED $45,000.00 PLUS EXPENSES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE ADDENDUM TO PROFESSIONAL AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on October 1, 2013 via Resolution R13-107, the City Commission approved a one year Professional Agreement for Lobbyist Services with Ballard Partners, Inc., in an amount not to exceed $50,000 plus expenses, annually; and WHEREAS, the Professional Agreement provides for three (3) one-year extensions with the same terms and conditions as the original Agreement; and WHEREAS , the amount of the Agreement has been re-negotiated to $45,000.00 plus expenses, annually and therefore an Addendum to the Professional Agreement was created; and WHEREAS , the City Commission of the City of Boynton Beach, Florida deems it to be in the best interests of the citizens and residents of the City of Boynton to enter into an Addendum to Professional Agreement with Ballard Partners, Inc., for Appropriation Lobbyist Services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT : Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission hereby approves the Addendum to Professional Agreement with Ballard Partners, Inc., in the amount of $45,000.00 plus expenses, annually, for a period of one year from October 1, 2014 to September 30, 2015 and authorizes the City 184 of 714 Manager to execute the Addendum, 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 October, 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) 185 of 714 ADDENDUM TO PROFESSIONAL AGREEMENT FOR LOBBYIST SERVICES This Addendum shall take effect on signature by both parties. THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, hereinafter referred to as "CITY", and BALLARD PARTNERS, INC., a Florida corporation, hereinafter referred to as “Firm” WITNESSETH: 1.The Professional Agreement for Lobbyist Services between the City and the Firm commencing the 1st day of October, 2013 is amended as follows: In consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, City and Firm agree as follows: 3. TERM. This Agreement shall be for a period of one year commencing October 1, 2014 and ending on September 30, 2015. The City of Boynton Beach may extend the contract with the same terms and conditions for two (2) one-year terms subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. 4.PAYMENT. The Firm shall be paid by the City for completed work and for services rendered under this agreement as follows, not to exceed $45,000 + expenses, annually. a. The total contract price, as referred to herein, shall be the total amount of payment to Firm for services provided under this agreement for the entire term of the Agreement b. Payment for the work provided by Firm shall be made promptly on all invoices submitted to the City properly, provided that the total amount of payment to Firm shall not exceed the total contract price without express written modification of the Agreement signed by the City Manager or his designee. c. The Firm may submit invoices to the City once per month during the progress of the work for partial payment for project completed to date. Such invoices will be reviewed by the City, and upon approval thereof, payment will be made to the Firm in the amount approved. d. Final payment of any balance due the Firm of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. e. Payment as provided in this section by the City shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. f. The Firm’s records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three 186 of 714 (3) years after the termination of the Agreement. Copies shall be made available upon request. 2.All other terms and conditions of the Agreement not specifically amended shall remain in full force and effect for the balance of the term of the agreement. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY BY:____________________________ Lori LaVerriere, City Manager ATTEST: APPROVED AS TO FORM: ___________________ __________________________ Janet M. Prainito, MMC James A. Cherof, City Attorney City Clerk STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared Lori LaVerriere, as City Manager of the City of Boynton Beach, Florida, and acknowledged she executed the foregoing Agreement for the use and purposes mentioned in it, and that the instrument is her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this ___ day of _______ 2014. _____________________________ NOTARY PUBLIC My Commission Expires: 187 of 714 BALLARD PARTNERS, INC. WITNESSES: _________________ BY:__________________________ _______________________ _________________ (Print Name) STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared ____________________, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it, and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this ___ day of _______ 2014. _______________________________ NOTARY PUBLIC My Commission Expires: 188 of 714 6. I CONSENT AGENDA October 21, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 21, 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. R14-105 - EQUESTED CTION BY ITY OMMISSION Accept the Florida Department of State, Division of Historical Resources grant award (No. F1401) in the amount of $27,200 and authorize the City Manager to execute agreements and documents associated with the Historic Preservation Grant on behalf of the City of Boynton Beach. ER: The City has been awarded a grant to fund a cultural XPLANATION OF EQUEST resources smart phone application which will provide information on approximately 50 cultural sites. Content will include site information and images, audio in at least two languages for the most significant sites, and a link to an interactive map. The application will benefit students, city residents, visitors, and the local economy. All project work must be completed by June 30, 2015. H? This grant will allow the City to OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES implement stage two of its award winning Heritage Education Program. Stage one of the program was successfully completed by creating two heritage trails and associated online content. Future plans include adding further sites to the application, integrating the sites with the greenway, bikeway & blueway trails throughout the city, and providing additional online educational features. FI: The grant is a 100% reimbursable grant. There is no city match ISCAL MPACT required. Reimbursements are made in three payments based on achieving milestones detailed in the grant award agreement. The project will be accounted for in the Grants Fund 105 189 of 714 A: Not accept the grant award, which would result in not creating the smart LTERNATIVES phone application. 190 of 714 RESOLUTION NO. R13- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING THE GRANT AWARD (#F1401) IN THE AMOUNT OF $27,200 AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENTS AND ALL ASSOCIATED DOCUMENTATION BETWEEN THE CITY OF BOYNTON BEACH AND STATE OF FLORIDA, DEPARTMENT OF STATE, DIVISION OF HISTORICAL RESOURCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City has been awarded a grant to fund a cultural resources smart phone application which will provide information on approximately 50 cultural sites; and WHEREAS, the application will include site information and images, audio in at least two languages for the most significant sites, a link to an interactive map and will benefit students, city residents, visitors and the local economy; 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 accept the Grant in the amount of $27,200 and authorize the City Manager to execute the Grant Award Agreement and all associated documentation between the City Of Boynton Beach and State Of Florida, Department Of State, Division Of Historical Resources. 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 does hereby accept the Grant in the amount of $27,200 and authorize the City Manager to execute the Grant Award Agreement and all associated documentation between the City Of Boynton Beach and State Of Florida, Department Of State, Division Of Historical Resources, a copy of which is attached hereto as Exhibit “A”. 191 of 714 Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of October, 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) 192 of 714 193 of 714 194 of 714 195 of 714 196 of 714 197 of 714 198 of 714 199 of 714 200 of 714 201 of 714 202 of 714 203 of 714 204 of 714 205 of 714 206 of 714 207 of 714 208 of 714 209 of 714 210 of 714 211 of 714 212 of 714 213 of 714 6. J CONSENT AGENDA October 21, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 21, 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. R14-106 - EQUESTED CTION BY ITY OMMISSION Approving revised Management Agreement between the City of Boynton Beach and the Boynton Cultural Centre, Inc. (Schoolhouse Children's Museum) ER: In 2010 the City and the Schoolhouse Museum entered into XPLANATION OF EQUEST a management agreement to formally define the operation and maintenance of the Schoolhouse Museum. This year the City increased its contribution to the Museum by $148,589 for a total of $336,444 for FY 14/15. Staff recommends that the Museum provide a quarterly report on operations to the Commission. The revised agreement states such and the report will be placed on the City Commission agenda for review by the City Commission. Additionally, the old agreement specifically identified what the City’s appropriation was to be used for, i.e. personnel costs. The increased appropriation by the City will not be specifically for personnel. It is intended to assist with overall operational expenses. The amended agreement reflects this change. Further, the revised agreement states the City’s distribution of funds will be on a quarterly basis by letter of request from the Museum management. H? The revised agreement more OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES clearly defines obligations of both parties and aligns it better with current operations. FI: n/a ISCAL MPACT A: Not approve the revised agreement. LTERNATIVES 214 of 714 RESOLUTION NO. R14- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A MANAGEMENT AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND BOYNTON CULTURAL CENTRE, INC., REGARDING THE OPERATION OF THE 1913 SCHOOLHOUSE MUSEUM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in 2010 the City and the Schoolhouse Museum entered into a management agreement to formally define the operation and maintenance of the Schoolhouse Museum; and WHEREAS, the revised Agreement requires the Museum provide a quarterly report on operations to the Commission and the City’s distribution of funds will be on a quarterly basis by letter of request from the Museum management; 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 the Mayor and City Clerk to execute the Management Agreement between the City of Boynton Beach and the Boynton Beach Cultural Centre, Inc., regarding the operation of the 1913 Schoolhouse Museum. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission hereby approves and authorizes the Mayor and City Clerk to execute a Management Agreement between the City of Boynton Beach and the Boynton Cultural Centre, Inc., regarding the operation of the 1913 Schoolhouse Museum, a copy of said Agreement being attached hereto as Exhibit “A”. Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ______ day of October, 2014. 215 of 714 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) 216 of 714 MANAGEMENT AGREEMENT This Agreement, made and entered into at Boynton Beach, Florida on the ___ day of _________ 2014, by and between the City of Boynton Beach, Florida, a Florida Municipal Corporation, hereinafter referred to as the "City" and Boynton Cultural Centre, Inc., a Florida non-profit corporation, hereinafter referred to as the "Cultural Centre". WITNESSETH : WHEREAS , The City of Boynton Beach has a fee simple ownership of the old Boynton Beach Elementary School site, which is to be restored and converted into a Museum, currently known as the “Schoolhouse Childrens’ Museum and Learning Center” to provide cultural and educational opportunities for children and families; and WHEREAS , The City desires to enter into this Management Agreement with the Cultural Centre to formally define the operation and maintenance of the 1913 Schoolhouse Museum; and WHEREAS , Boynton Cultural Centre is a non-profit 501(c) 3 corporation organized under the laws of the State of Florida and licensed to do business in the State of Florida; and WHEREAS , The Cultural Centre is established to plan, develop, coordinate, fund and oversee the “Schoolhouse Childrens’ Museum and Learning Center” that provides educational opportunities through exhibits, programs and activities in order to create a focal point for the cultural renewal of Historic Boynton Beach by tying together cultures, generations, and ethnic groups; and WHEREAS , The Cultural Centre will continue to raise funds through grants, community donations and special events to be used for purchase and development of exhibitions, programs, and other purposes related to the operation of the Cultural Centre; and WHEREAS , The Culture Centre plans to purchase exhibits and other items for use in and about the Museum, and shall be sole owner of all such personal property purchased with funds obtained throughout the Cultural Centre and located within and/or about the premises; and WHEREAS , The City and the Cultural Centre wish to clarify their joint and separate roles and responsibilities in the operation and maintenance of the Schoolhouse Childrens’ Museum and Learning Center. NOW, THEREFORE , for and in consideration of the premises and conditions contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: The foregoing whereas clauses are hereby ratified and confirmed as being true and incorporated herein by this reference. 217 of 714 Section1.0.Board of Directors: 1.1. The Cultural Centre Articles of Incorporation and by-laws as they now exist are attached hereto and incorporated herein as Exhibit A. In the future, the City will be provided with an updated copy of the by- laws within thirty calendar days of any changes therein. 1.2. The Cultural Centre agrees to appoint the City Library Director and the City Manager or designee to serve on the Board of Directors as voting members of the Board of Directors and the Board Executive Committee through the duration of this Agreement. Section 2.0. Obligations of the Cultural Centre: 2.1. With the exception of the City’s obligations as outlined in this agreement, the Cultural Centre has the sole responsibility of funding and operation of the Museum, including exhibits, designs, programs, hours of operation, schedule of events, publicity, advertisement and fund raising etc. 2.2. The Cultural Centre may execute and enter into agreements with consultants, architects, engineers and contractors; design and install permanent or travelling exhibits; schedule and manage programs for the Cultural Centre or Museum. The Cultural Centre may also schedule the Museum for use by other organizations, determine policies and procedures, set fees, develop and manage all Cultural Centre fundraising campaigns, maintain its funds, manage all grant proposals and administer all general program, gift, admission and special event revenues generated through the Cultural Centre. 2.3. The Cultural Centre shall report quarterly to the City Commission on all of its activities, achievements, revenues and expenditures. A quarterly written report shall be submitted to the City and placed on City Commission Agenda. 2.4. The Cultural Centre Board shall submit a budget request to the City, including itemized estimated operating costs, revenue or funding projections and a detailed summary of funding support requested by the Cultural Centre. Section 3.0. City obligations: 3.1 The City agrees to continue to provide at no cost to the Cultural Centre the following services: utilities, telephone, IT support, HVAC, electricity, water and sewage, building and grounds maintenance, property and liability insurance for building structure, security, pest control, computer maintenance, professional and technical support and other building or property-related expenditures relating to Schoolhouse Childrens’ Museum and Learning Center as adopted by the City Commission in the City’s budget each year. The City shall include detailed estimates of any support costs for the Cultural Centre, inclusive of supplemental funding requests from the Cultural Centre as a separate division of the Boynton Beach Library. Nothing shall obligate the City to support the Cultural Centre other than the approved City budget appropriation. 3.2 The City shall provide funding to the Cultural Centre as approved by the City Commission and appropriated in the City budget each fiscal year. The funds will be disbursed to the Cultural Centre on a st Quarterly basis commencing each October 1 by letter of request from the Cultural Centre. 218 of 714 Section 4.0. City’s right to schedule City meetings: 4.1. With prior approval of the Cultural Centre and on a space available basis, the City reserves the right to schedule official City meetings or events at the Cultural Centre without being charged any type of fee. Section 5.0. Right to audit and inspect records: 5.1. Upon reasonable notice, the City shall have the right and discretion to audit the records of the Cultural Centre. 6.0. Insurance obligations: 6.1. The Cultural Centre shall secure and maintain in effect at all times, at its expense insurance of the following kinds and limits to cover all activities of the Cultural Centre’s operations of the Museum: a. Workers’ Compensation and Employer’s Liability Insurance covering employees, agents, volunteers of the Centre as deemed appropriate by the City’s Risk Manager; b. Workers’ Compensation Insurance coverage with statutory limits of liability as deemed appropriate by the Risk Manager; c. Employer’s liability Insurance with a limit of liability that is mutually agreed upon by the parties; d. Professional Liability and or Directors’ and Officers’ Liability Insurance for all facets of Cultural Centre’s operations and work including, but not limited to errors, omissions and negligent acts covering this Agreement with minimum limits of $1,000,000,00 liability per occurrence and $1,000.000.00 in aggregate; 7.0. Indemnification: 7.1. The City agrees to indemnify and hold harmless the Cultural Centre from and against any and all claims, damages, costs and expenses, including reasonable attorneys fees to the extent caused by or arising out of (a) the City’s negligent acts or omissions of or willful misconduct in the operations or activities at the Schoolhouse Children’s Museum and Learning Center or (b) a breach of any obligation of the City under the Agreement, unless caused by the Cultural Centre or its employees, agents, contractors, subcontractors or representatives. Notwithstanding the foregoing, this indemnification shall not extend to indirect, special, incidental, or consequential damages, including, without limitation, loss of profits, income, or business opportunities to the Cultural Centre or anyone claiming through the Cultural Centre. 7.2. The Cultural Centre agrees to so conduct its activities and the activities of its agents, employees, and subcontractors, so as not to endanger any person, and to indemnify and hold harmless the City, its officers, agents and employees from and against all claims, suits, actions, damages, liabilities, expenditures or causes of action of any kind arising out of or in any way connected to activity or inactivity of the Cultural Centre, its agents, employees, or subcontractors, and resulting or occurring from any negligent act, omission or error of the 219 of 714 Cultural Centre, its agents, employees, or subcontractors, resulting in or relating to injuries to body, life, limb or property sustained as a result of activities associated with this Agreement, or arising out of the use of said premises by the Cultural Centre, its agents, employees, or subcontractors. City shall not be responsible for any property damage or bodily injury sustained by the Cultural Centre, its employees, agents, or subcontractors for any cause whatsoever, prior, during, or subsequent to the period of time during which this Agreement is in effect. 7.3. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity may be applicable. Nothing herein shall be construed as consent by a state agency or political subdivision of the State of Florida to be sued by third parties in any matter arising out of this Agreement or any other contract. Section 8.0. Waiver: 8.1. A waiver of any breach or default of any provision of this Agreement shall not constitute or operate as a waiver of any other breach or default of such provision or of any other provisions, nor shall any failure to enforce any provisions hereof operate as a waiver of such provision or any other provision Section 9.0. Default: 9.1. This Agreement may be terminated upon the default of any condition of this Agreement by giving notice in writing and thirty (30) days to correct such default. Should any party fail to correct said default within the thirty (30) day period, the agreement shall be automatically terminated, unless additional time to correct the default is granted in writing by the non- defaulting party. Section 10.0. Successors: 10.1. This agreement may not be assigned or transferred without express written consent of the City Manager and approved the City Commission. Section 11.0. Authorship: 11.1. In the event it becomes necessary for any reason to construe this Agreement as permitted by the Rules of Evidence of the State of Florida, this Agreement shall be construed as being jointly prepared and drafted by the parties hereto, and shall be interpreted under the laws of the State of Florida. Section 12.0. Entirety: 12.1. This Agreement, together with attachments represents the entire and integrated Agreement between the parties and supersedes all prior negotiations, representations, or agreements written or oral. This Agreement may be modified or amended only by written Addendum to Agreement duly executed by both parties hereto. Section 13.0. Severability: 220 of 714 13.1. If any provision of this Agreement or application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. Section 14.0. Term: 14.1. The term of this Agreement shall be for fifteen years with the option to renew if agreeable to both parties. Within the fifteen-year term this Agreement may be amended in writing from time to time by mutual agreement of the parties. Section 15.0. Ongoing review and appropriations: 15.1. The City Commission retains the inherent authority to maintain ongoing review of the activities of the Cultural Centre and may with six months notice, through the annual budget process, at anytime before the expiration of this Agreement cease appropriations of funding and assistance to the Centre. 15.2. Upon default of this Agreement, or cessation of funding or assistance by the City, the Cultural Centre has the authority to remove exhibits and other items of personal property belonging to the Cultural Centre. Section 16.0. Binding Authority: 16.1. Each person signing this Agreement on behalf of either party individually warrants that she or he has full legal authority to execute this Agreement on behalf of the party for whom she or he is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. IN WITNESS WHEREOF , the parties hereto have caused these presents to be executed on the date and year indicated below: Witnesses: CITY OF BOYNTON BEACH Jerry Taylor, Mayor Attest: Date: _______ Janet M. Prainito, MMC, City Clerk Approved as to form: James A. Cherof, City Attorney Witnesses: BOYNTON BEACH CULTURAL CENTRE INC. 221 of 714 _________, President Date: 222 of 714 7. A BIDS AND PURCHASES OVER $100,000 October 21, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 21, 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: Award the Bid with the Palm Beach County EQUESTED CTION BY ITY OMMISSION Cooperative Purchasing Council for Chemicals and Fertilizers to multiple vendors as listed below, as the lowest, most responsive and responsible bidders meeting all specifications. Items will be ordered on an "AS NEEDED BASIS". The City's anticipated annual expenditure is $106,300. BIDTERM: OCTOBER7,2014THROUGHOCTOBER6,2015 ER: The City of Delray Beach, lead agency for this Cooperative XPLANATION OF EQUEST Bid No. 2014-33, received ten bids for chemicals and five bids for fertilizers for 141 items. A tabulation of bids with the lowest priced items highlighted and awarded to the lowest bidder is attached as well as the Memorandum to the Mayor and City Commission for the City of Delray Beach. Award letters with the awarded commodities are also attached. The City of Delray Beach Commission approved the bid award on October 7, 2014. The awarded vendors are as follow: 1. Crop Production Services 2. Diamond R. Fertilizer Co., Inc. 3. Helena Chemical Company 4. Howard Fertilizer and Chemical Co. 5. John Deere Landscapes 6. Sunniland Corporation 7. Univar USA 8. Upstart Products, Inc. 9. Winfield Solutions, LLC 223 of 714 This bid allows for two (2) additional one-year extensions at the same terms, conditions and prices subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the Cooperative. The City of Delray Beach as lead agency complied with public bid requirements equal to or exceeding the City of Boynton Beach bid requirements. H? By participating in a PBC OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Cooperative Bid, the City benefits from the buying strength of multiple governmental agencies: Delray Beach, Boca Raton, Greenacres and Boynton Beach, resulting in lower pricing for the solicited items. FI: All chemicals and fertilizers will be ordered on an “As Needed Basis”. ISCAL MPACT Following are expenditures for Fiscal Year 2013 and Fiscal Year 2014: Department Account Number FY 2013 Expense FY 2014 Expense Golf Course Fertilizer 411-2911-572-52-19 $15,208.00 $38,883.00 Golf Course Chemicals 411-2911-572-52-21 61,121.00 63,394.00 Warehouse Herbicide 502-0000-141-01-00 3,475.00 2,308.00 Cemetery Chemicals 631-3110-539-52-21 1,048.00 531.00 F & G/Parks Chemicals 001-2730-572-52-21 6,066.00 1,100.00 TOTAL $86,918.00 $106,216.00 A: The City of Boynton Beach could issue a bid for chemicals and LTERNATIVES fertilizers which would result in higher costs due to higher quotes based on smaller quantities of product. 224 of 714 225 of 714 226 of 714 227 of 714 228 of 714 229 of 714 230 of 714 231 of 714 232 of 714 233 of 714 234 of 714 235 of 714 236 of 714 237 of 714 238 of 714 239 of 714 240 of 714 241 of 714 242 of 714 243 of 714 244 of 714 245 of 714 246 of 714 247 of 714 248 of 714 249 of 714 250 of 714 251 of 714 252 of 714 253 of 714 254 of 714 9. A PUBLIC HEARING October 21, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 21, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R14-107 - EQUESTED CTION BY ITY OMMISSION Authorize the City Manager to enter into a Purchase and Development Agreement between the City of Boynton Beach and Boynton Beach Faith-Based Community Development Corporation (BBFBCDC). ER: The City of Boynton Beach has an inventory of buildable lots XPLANATION OF EQUEST located within the Heart of Boynton Redevelopment Area (HOB) that are available for the purpose of providing affordable homes for income eligible first time homebuyers. Over a period of time, Community Development Block Grant (CDBG) funds were invested in acquiring these properties in an effort to further the city’s mission to improve the redevelopment area as they became available. st The lots are bordered between Seacrest Boulevard on the East and Northwest 1 street on the th West, and Northwest 11 Avenue on the North, and Northwest MLK Boulevard on the South; this area has been designated as the “Model Block.” It is the main focus of attention in the City’s redevelopment efforts in this area, and is currently undergoing major infrastructure improvements via an UrbanLift Grant recently acquired by Neighborhood Renaissance LLC. In an effort to meet the national objective of providing housing as prescribed by the U. S. Department of Housing and Urban Development, staff would like to convey title of four parcels to the Boynton Beach Faith- Based Community Development Corporation and enter into an agreement with them to construct four new single family homes for families whose incomes are identified as low or low-moderate. The Boynton Beach Faith-Based CDC is a Community Based Development Corporation and has successfully facilitated the City’s efforts to provide workforce housing for a number of years, 255 of 714 having assisted with 32 first time homebuyers in newly constructed homes within the Heart of Boynton alone. The CDC is also a recipient of an UrbanLift Grant to purchase foreclosed upon properties within the surrounding HOB area. This agency has successfully facilitated the City with the Neighborhood Stabilization Programs (NSP) with the acquisition, rehabilitation, and sale or rental of 21 foreclosed upon properties. H? The conveyance will provide four (4) OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES newly constructed affordable homes for income eligible families, reducing the number of vacant parcels currently being maintained by the city staff. FI: City staff is diligent in following the administrative code process in conveying ISCAL MPACT these properties according to Chapter 2 Article IV. 2-56 of the City of Boynton Beach Code of Ordinance which reads as follows: (c) Real property. Real property may be sold in the manner recommended by the City Manager and determined by the City Commission to be in the best interest of the city. With regard to the sale of any real estate owned by the city which has an appraised value exceeding $100,000.00 as determined by the most recent valuation of the Palm Beach County Property Appraiser, no such sale shall be conducted or consummated until such time as subject property has been appraised by a disinterested qualified appraiser to be designated by the city commission for the purpose of establishing a fair market value thereon. The sale of real property for less than the fair market value shall require the approval by a vote of four-fifths (4/5) of the City Commission. (d) The foregoing provision for sale of real property do not apply to real property located within the city's community redevelopment area if the property was acquired by the city for the purposes of community redevelopment or if the sale of the property will facilitate redevelopment consistent with the CRA plan; Parcels affected by this transaction are as follows: Property Control Number Purchased Amount 2014 Tax Assessment 1. 08--43-45-21-25-001-0250 2008 $92,000 $12,100 2. 08-43-45-21-25-001-0240 2006 $200,000 $ 7,260 3. 08-43-45-21-24-000-0101 (CRA) 2005 $219,542 $ 6,000 4. 08-43-45-21-19-000-0150 (CRA) 2004 $ 61,000 $ 6,000 5. 08-43-45-21-24-000-0103 (CRA) 2005 $109,721 $ 6,000 The Parcels purchased by the CRA were previously conveyed to the City of Boynton Beach to further Redevelopment efforts. Information regarding sales prices was derived from CRA, City of Boynton Beach files, and Palm Beach County Tax Appraisers web site. Four (4) Affordable housing units to conform with the Heart of Boynton master plan schematic Plans, not to exceed the current City of Boynton Beach Local Housing Plan maximum purchase price of $211,375. 256 of 714 The city will meet the national objective of providing housing as determined by the activity for properties purchased with HUD funds. A: Do not convey the parcels. LTERNATIVES 257 of 714 RESOLUTION NO. R14- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING A PURCHASE AND DEVELOPMENT AGREEMENT WITH THE BOYNTON BEACH FAITH-BASED COMMUNITY DEVELOPMENT CORPORATION TO CONVEY FOUR LOTS WITHIN THE HEART OF BOYNTON TO PROVIDE AFFORDABLE HOMES FOR INCOME ELIGIBLE FIRST TIME HOMEBUYERS; AUTHORIZING THE CITY MANAGER TO SIGN THE PURCHASE AND DEVELOPMENT AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach has an inventory of buildable lots located within the Heart of Boynton Redevelopment Area (HOB) that are available for the purpose of providing affordable homes for income eligible first time homebuyers;; and WHEREAS , the area designated as the Model Block is the main focus of attention in the City’s redevelopment efforts in this area and is currently undergoing major infrastructure improvements through an UrbanLift Grant recently acquired by Neighborhood Renaissance, LLC; and WHEREAS, staff would like to convey title of four parcels to the Boynton Beach Faith- Based Community Development Corporation and enter into an agreement with them to construct four new single family homes for families whose incomes are identifiable as low or low- moderate; and WHEREAS, the City Commission has determined that it is in the best interests of the residents of the City to approve a Purchase and Development Agreement with the Boynton Beach Faith-Based Community Development Corporation to convey title of four parcels of land for the construction of four new single family homes for families whose incomes are identifiable as low or low-moderate. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT : 258 of 714 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 does hereby approve and authorize the City Manager to sign a Purchase and Development Agreement with the Boynton Beach Faith-Based Community Development Corporation to convey title of four parcels of land for the construction of four new single family homes for families whose incomes are identifiable as low or low- moderate, a copy of the Agreement is attached hereto as Exhibit “A”. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of October, 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) 259 of 714 PURCHASE AND DEVELOPMENT AGREEMENT This Purchase and Development Agreement (hereinafter "Agreement") is made and entered into as of the Effective Date (hereinafter defined), by and between THE CITY OF BOYNTON BEACH, a political subdivision of the State of Florida, (hereinafter "SELLER") and BOYNTON BEACH FAITH­BASED COMMUNITY DEVELOPMENT CORPORATION (hereinafter "PURCHASER"), having an address of 2191 N. Seacrest Blvd., Boynton Beach, Florida, 33435. In consideration of the mutual covenants and agreements herein set forth, the Parties hereto agree as follows: 1. PURCHASE AND SALE/PROPERTY. SELLER agrees to sell and convey to PURCHASER and PURCHASER agrees to purchase and acquire from SELLER, on the terms and conditions hereinafter set forth, the Property which consists of four (4) parcels located in Palm Beach County, Florida (the "Property") and more particularly described as follows: See Attached Exhibit "A". 2. PURCHASE PRICE AND PAYMENT. The Purchase Price to be paid for the Property shall be Ten Dollars ($10.00), receipt of which is hereby acknowledged. The parties agree that SELLER is conveying the Property to PURCHASER for the construction of four single-family homes to be sold to families who earn below 120% of Median Household Income for Palm Beach County. SELLER has complied with Section 163.380, Florida Statutes, in proceeding with the sale of the Property to PURCHASER. 3. DEPOSIT. Not applicable. 4. EFFECTIVE DATE. The date of this Agreement (the "Effective Date") shall be the date when the last one of the SELLER and PURCHASER has signed the Agreement. 5. CLOSING. The purchase and sale transaction contemplated herein shall close on or before October 31, 2014 (the "Closing"), unless extended by other provisions of this Agreement or by written agreement, signed by both parties, extending the Closing. 6. TITLE TO BE CONVEYED. At Closing, SELLER shall convey to PURCHASER, by Warranty Deed complying with the requirements of the Title Commitment (hereinafter defined), valid, good, marketable and insurable title in fee simple to the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, restrictions and other conditions except only the following (collectively, the "Permitted Exceptions"): (a) general real estate taxes and special assessments for the year of Closing and subsequent years not yet due and payable; (b) covenants, conditions, easements, dedications, rights-of-way and matters of record included on the Title Commitment or shown on the Survey (defined in Section 7), to which .1 PURCHASER fails to object, or which PURCHASER agrees to accept, pursuant to Section 7 and Section 7.2 hereof. INVESTIGATION OF THE PROPERTY. During the term of this Agreement 7. 260 of 714 ("Feasibility Period"), PURCHASER, and PURCHASER'S agents, employees, designees, Contractors, surveyors, engineers, architects, attorneys and other consultants (collectively, "Agents"), shall have the right, at PURCHASER'S expense, to make inquiries of, and meet with members of Governmental Authorities regarding the Property and to enter upon the Property, at any time and from time to time with reasonable notice to SELLER and so long as said investigations do not result in a business interruption, to perform any and all physical tests, inspections, and investigations of the Property, including but not limited to Phase I and Phase II investigations, which PURCHASER may deem necessary. During this Feasibility Period, PURCHASER may elect, in PURCHASER'S sole and absolute discretion, to terminate this contract. PURCHASER elects to terminate this Agreement in If accordance with this Section, PURCHASER shall: (i) leave the Property in substantially the condition existing on the Effective Date, subject to such disturbance as was reasonably necessary or convenient in the testing and investigation of the Property; (ii) to the extent practicable, shall repair and restore any damage caused to the Property by PURCHASER'S testing and investigation; and (iii) release to SELLER, at no cost, all reports and other work generated as a result of the PURCHASER'S testing and investigation. PURCHASER hereby agrees to indemnify and hold SELLER harmless from and against all claims, losses, expenses, demands and liabilities, including, but not limited to, attorney's fees, for nonpayment for services rendered to PURCHASER (including, without limitation, any construction liens resulting therefrom) or for damage to persons or property (subject to the limitation on practicability provided above) arising out of PURCHASER'S investigation of the Property. PURCHASER'S obligations under this Section shall survive the termination, expiration or Closing of this Agreement. SELLER hereby agrees to indemnify and hold PURCHASER harmless from and against all claims, losses, expenses, demands and liabilities, including, but not limited to, attorney's fees, for nonpayment for services rendered to SELLER or for damage to persons or property (subject to the limitation on practicability provided above) arising out of PURCHASER'S investigation of the Property. SELLER'S obligations under this Section shall survive the termination, expiration or Closing of this Agreement. However, SELLER'S indemnification obligations shall not exceed the statutory limits provided within Section 768.28, Florida Statutes, and SELLER does not otherwise waive its sovereign immunity rights. Seller's Documents. SELLER shall deliver to PURCHASER the 7.1 following documents and instruments within five (5) days of the Effective Date of this Agreement: copies of any reports or studies (including environmental, engineering, surveys, soil borings and other physical reports) in SELLER'S possession or control with respect to the physical condition of the Property, if any. Title Review. Within ten (10) days of the Effective Date, PURCHASER 7.2 shall obtain, at the PURCHASER'S expense, from a Title Company chosen by PURCHASER (hereinafter "Title Company"), a Title Commitment covering the Property and proposing to insure PURCHASER in the amount of the Purchase Price subject only to the Permitted Exceptions, together with complete and legible copies of all instruments identified as conditions or exceptions in Schedule B of the Title Commitment. SEU.BR shall examine the Title Commitment and deliver written notice to PURCHASER no later than twenty (20) days after the Effective Date notifying SELLER of any objections PURCHASER has to the condition of title (hereinafter "PURCHASER'S Title Objections"). 261 of 714 If PURCHASER fails to deliver PURCHASER'S Title Objections to SELLER within the aforesaid review period, title shall be deemed accepted subject to the conditions set forth in the Title Commitment. If PURCHASER timely delivers the PURCHASER'S Title Objections, then SELLER shall have thirty (30) days to diligently and in good faith undertake all necessary activities to cure and remove the PURCHASER'S Title Objections (hereinafter "Cure Period"). In the event that SELLER is unable to cure and remove, or cause to be cured and removed, the PURCHASER'S Title Objections within the Cure Period to the satisfaction of PURCHASER, then PURCHASER, in PURCHASER'S sole and absolute (i) discretion, shall have the option of extending the Cure Period and the Closing for one (ii) additional thirty (30) day period, or accepting the Title to the Property as of the time of (iii) Closing or canceling and terminating this Agreement, in which case, the Deposit shall be returned to PURCHASER and the Parties shall have no further obligations or liability hereunder, except for those expressly provided herein to survive termination of this Agreement. Prior to the Closing, PURCHASER shall have the right to cause the Title Company to issue an updated Title Commitment ("Title Update") covering the Property. If any Title Update contains any conditions which did not appear in the Title Commitment, and such items render title unmarketable, PURCHASER shall have the right to object to such new or different conditions in writing prior to Closing. All rights and objections of the Parties with respect to objections arising from the Title Update shall be the same as objections to items appearing in the Title Commitment, subject to the provisions of this Section. 7.3 Survey Review. PURCHASER, at PURCHASER'S expense, may obtain a current boundary survey (the "Survey") of the Property, indicating the number of acres comprising the Property to th the nearest I/100 of an acre. If the Survey discloses encroachments on the Property or that improvements located thereon encroach on setback lines, easements, lands of others or violate any restrictions, covenants of this Agreement, or applicable governmental regulations, the same shall constitute a title defect and shall be governed by the provisions of Section 7.2 concerning title objections. 8. CONDITIONS TO CLOSING. PURCHASER shall not be obligated to close on the purchase of the Property unless each of the following conditions (collectively, the "Conditions to Closing") are either fulfilled or waived by PURCHASER in writing: 8.1 Representations and Warranties. All of the representations and warranties of SELLER contained in this Agreement shall be true and correct as of Closing. 8.2 Condition of Property. The physical condition of the Property shall be the same on the date of Closing as on the Effective Date, reasonable wear and tear excepted. 8.3 Pending Proceedings. At Closing, there shall be no litigation or administrative agency or other governmental proceeding of any kind whatsoever, pending or threatened, which has not been disclosed, prior to closing, and accepted by PURCHASER. 8.4 Compliance with Laws and Regulations. The Property shall be in compliance with all applicable federal, state and local laws, ordinances, rules, regulations, codes, requirements, licenses, permits and authorizations as of the date of Closing. 262 of 714 9. CLOSING DOCUMENTS. The SELLER shall prepare, or cause to be prepared, the Closing Documents set forth in this Section, except for documents prepared by the Title Company. At Closing, SELLER shall execute and deliver, or cause to be executed and delivered to PURCHASER the following documents and instruments: 9.1 Deed. A Warranty Deed (the "Deed") conveying to PURCHASER valid, good, marketable and insurable fee simple title to the Property free and clear of all liens, encumbrances and other conditions of title other than the Permitted Exceptions. Seller's Affidavits. SELLER shall furnish to PURCHASER an owner's 9.2 affidavit attesting that, to the best of its knowledge, no individual or entity has any claim against the Property under the applicable construction lien law; and that there are no parties in possession of the Property other than SELLER. SELLER shall also furnish to PURCHASER a non-foreign affidavit with respect to the Property. In the event SELLER is unable to deliver its affidavits referenced above, the same shall be deemed an uncured title objection. Closing Statement. A closing statement setting forth the Purchase 9.3 Price, all credits, adjustments and prorations between PURCHASER and SELLER, all costs and expenses to be paid at Closing, and the net proceeds due SELLER, which SELLER shall also execute and deliver at Closing. Connective Documents. Documentation required to clear title to the 9.4 Property of all liens, encumbrances and exceptions, if any, other than Permitted Exceptions. Additional Documents. Such other documents as PURCHASER or the 9.5 Title Company may reasonably request that SELLER execute and deliver, and any other documents required by this Agreement or reasonably necessary in order to close this transaction and effectuate the terms of this Agreement. 10. PRORATIONS, CLOSING COSTS AND CLOSING PROCEDURES. 10. 1 Prorations. Taxes for the Property shall be prorated through the day before Closing. Cash at Closing shall be increased or decreased as may be required by prorations to be made through the day prior to Closing. Taxes shall be prorated based upon the current year's tax with due allowance made for maximum allowable discount. If Closing occurs at a date when the current year's millage is not fixed and current year's assessment is available, taxes will be prorated based upon such assessment and prior year's millage. current year's assessment is not available, then taxes will be prorated on If prior year's tax. A tax proration based on an estimate shall, at request of either party, be readjusted upon receipt of tax bill. Closing Costs. SELLER shall pay for documentary stamps on the 10.2 deed, recording the deed and all general closing expenses (settlement fee, courier fees, overnight packages, etc.). Closing Procedure. PURCHASER shall fund the Purchase Price 10.3 subject to the credits, offsets and prorations set forth herein. SELLER and PURCHASER 263 of 714 (as applicable) shall execute and deliver to Closing Agent the Closing Documents. The (i)(ii) Closing Agent shall, at Closing: disburse the sale proceeds to SELLER; deliver the Closing Documents and a "marked-up" Title Commitment to PURCHASER, and promptly thereafter, record the Deed and other recordable Closing Documents in the appropriate public records. I 0.4 Existing Mortgages and Other Liens. At Closing, SELLER shall obtain, or cause to be obtained, satisfaction or release of record of all mortgages, liens and judgments applicable to and encumbering the Property. 11. REPRESENTATIONS, COVENANTS AND WARRANTIES. 11.1 Seller's Representations and Warranties. SELLER hereby represents, covenants and warrants to PURCHASER, as of the Effective Date and as of the Closing Date, as follows: 11.2 Authority. The execution and delivery of this Agreement by SELLER and the consummation by SELLER of the transaction contemplated by this Agreement are within SELLER'S capacity and all requisite action has been taken to make this Agreement valid and binding on SELLER in accordance with its terms. The person executing this Agreement on behalf of SELLER has been duly authorized to act on behalf of and to bind SELLER, and this Agreement represents a valid and binding obligation of SELLER. 11.3 Title. SELLER is and will be on the Closing Date, the owner of valid, good, marketable and insurable fee simple title to the Property, free and clear of all liens, encumbrances and restrictions of any kind, except the Permitted Exceptions (and encumbrances of record which will be discharged at Closing). 12. DEFAULT. 12.1 Purchaser's Default. In the event that this transaction fails to close due to a wrongful refusal to close or default on the part of PURCHASER, subject to the provisions of Paragraph 12.3 below, neither PURCHASER nor SELLER shall have any further obligation or liabilities under this Agreement, except for those expressly provided to survive the termination of this Agreement; provided, however, that PURCHASER shall also be responsible for the removal of any liens assessed against the Property by persons claiming by, through or under PURCHASER, but not otherwise. 12.2 Seller's Default. In the event that SELLER shall fail to fully and timely perform any of its obligations or covenants hereunder or if any of SELLER'S representations are untrue or inaccurate, then, notwithstanding anything to the contrary contained in this Agreement, PURCHASER may, at its option: declare SELLER in default under this Agreement by notice delivered to SELLER, in which event PURCHASER may terminate this Agreement and neither Party shall have any further rights hereunder. 12.3 Notice of Default. Prior to declaring a default and exercising the remedies 264 of 714 described herein, the non-defaulting Party shall issue a notice of default to the defaulting Party describing the event or condition of default in sufficient detail to enable a reasonable person to determine the action (15) necessary to cure the default. The defaulting Party shall have fifteen days from delivery of the notice during which to cure the default provided, however, that as to a failure to close, the cure period shall only be three (3) Business Days from the delivery of notice. Both parties agree that if an extension is requested, If such extension shall not be unreasonably withheld. the default has not been cured within the aforesaid period, the non-defaulting Party may exercise the remedies described above. 12.412 Survival. The provisions of this Section shall survive the termination of this Agreement. 13. NOTICES. All notices required in this Agreement must be in writing and shall be considered delivered when received by ce1iified mail, return receipt requested, or personal delivery to the following addresses: If to Seller: City of Boynton Beach Attention: Octavia S. Sherrod 100 East Boynton Beach Blvd. 33435 Boynton Beach, Florida With a copy to: City of Boynton Beach Attn: James Cherof, City Attorney 100 East Boynton Beach Blvd. 33435 Boynton Beach, Florida If to Buyer: Boynton Beach Faith-Based CDC Attention: Keturah Joseph 2191 N. Seacrest Blvd. 33435 Boynton Beach, Florida 14. BINDING OBLIGATION/ASSIGNMENT. The terms and conditions of this Agreement are hereby made binding on, and shall inure to the benefit of, the successors and permitted assigns of the Parties hereto. SELLER may not assign its interest in this Agreement without the prior written consent of PURCHASER, which shall not be unreasonably withheld. PURCHASER may not assign this Agreement to any other party without the prior written approval of SELLER. 15. RISK OF LOSS. In the event the condition of the Property, or any part thereof, is materially altered by an act of God or other natural force beyond the control of SELLER, PURCHASER may elect, as its sole option, to terminate this Agreement and the parties shall have no further obligations under this agreement, or PURHCASER may accept the Property without any reduction in the value of the Property. 16. BROKER FEES. The Parties hereby confirm that neither of them has dealt with any broker in connection with the transaction contemplated by this Agreement. Each Party shall indemnify, defend and hold harmless the other Party from and against any and all claims, losses, damages, costs or expenses (including, without limitation, attorney's fees) of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by either Party or on its behalf with any broker or finder in connection with this Agreement. However, SELLER'S indemnification obligations shall not exceed the statutory limits provided within Section 768.28, Florida Statutes, and SELLER does not otherwise waive its sovereign immunity rights. The provisions of this Section shall survive Closing or termination of this Agreement. 17. ENVIRONMENTAL CONDITIONS. To the best of SELLER'S knowledge, the Property and the use and operation thereof are in compliance with all applicable county and governmental 265 of 714 laws, ordinances, regulations, licenses, permits and authorizations, including, without limitation, applicable zoning and environmental laws and regulations. 18. DEVELOPMENT AND SALE OF THE PROPERTY. SELLER and PURCHASER acknowledge that the Property is being sold to PURCHASER for the sole purpose of developing, marketing and selling four (4) 120% single-family homes to families whose income does not exceed of median household income for Palm Beach County as set by HUD. 18.1 Construction and Sale. PURCHASER agrees to construct four (4) single family homes pursuant to the construction schedule and requirements provided herein. PURCHASER must construct all four homes concurrently (phasing is not permitted). Each home may not exceed a sale price . of that stated in the City’s current Local Housing Assistance Plan (LHAP) at time of closingEach home must be sold to a first-time homebuyer and must be occupied by the owner. 18.2 Construction Requirements. The following amenities are required in each home and must conform to or exceed City of Boynton Beach codes and regulations unless otherwise specified: a. Three (3) bedrooms with one master bedroom. b. Two full bathrooms including one in the master bedroom. 14' c. The master bedroom must be a minimum of 13'x and must contain a walk-in closet. d. Double kitchen sink with a minimum of 7” depth. e. Interior and exterior light package featuring Energy Star fixtures. f. Ceramic tile in the entryway, living room, dining room, kitchen, hall and bathrooms. Bedrooms may be ceramic tile, wood, bamboo or carpet. g. Appliances must be new and include: self-cleaning range, garbage disposal, combination microwave range vent exhausted to the exterior, dryer, Energy Star washer, Energy Star refrigerator with ice maker, Energy Star dishwasher, Energy Star hot water heater (Geo-Spring or equivalent), and t2: ceiling fans in all bedrooms and the living room. Water Sense toilets, 1.5 GPM shower heads, .5 GPM bathroom g. faucets, 1.5 GPM kitchen faucet. The air conditioner shall be a variable speed 16 SEER or greater i. with a programmable thermostat. Wiring for: alarm, cable, internet and phone. j. Window treatments must be mini blind or upgrade. k. Automated in-ground sprinkler system, including swale. l. 266 of 714 One-car garage or more. m. Energy Star windows with accordion shutters (Dade County) and n. Energy Star impact resistant doors. Standing seam metal roof or Energy Star dimensional shingles. o. Landscaping must exceed City of Boynton Beach Code p. requirements. Overall design of each home must confirm to the design q. recommendation in the Heart of Boynton (“HOB”) Community Redevelopment Plan and the HOB Master Plan Schematic Designs. Seller Design Approval. SELLER shall have the right to approve of 18.3 the design of each home and such approval shall be provided in writing to PURCHASER within three (3) business days of receipt of final plans. . Development TimelineThe following events must be documented in 18.4 writing and provided to the SELLER upon completion of each. Time is calculated from the Effective Date. Secure Construction Loan within three (3) months (copy of a. funding commitment letter shall be provided to SELLER). Completion of construction documents within three (3) months b. (stamped plans shall be submitted to SELLER). Permitting and installation of project marketing sign which is to c. include SELLER'S logo and board member names and shall be pre-approved by SELLER within four (4) months. Executed agreement with General Contractor within two (2) d. months (copy of executed agreement to be provided to SELLER). Homes must be marketed within three (3) months (copies e. of advertisements or other marketing materials to be provided to SELLER). Construction permit to be issued within four (4) months (copy f. of permit to be provided to SELLER). Groundbreaking ceremony to be coordinated with SELLER'S g. Marketing within seven (6) months. Commencement of construction within four (4) months h. (photographs of site and/or written description of progress to be 267 of 714 provided to SELLER). Qualification of Buyers within twelve (12) months (copy i. of private mortgage funding commitment and documentation proving buyers qualify to income limits as set above to be provided to SELLER). Certificate of Occupancy to be provided within nine (9) j. months. Homes must be conveyed to buyers within nineteen (19) k. months (copies of closing statement, proof of income qualification and executed deeds to be provided to SELLER). Reverter. the timeline outlined in Section 18.4 above is not strictly 18.5 If met, and PURCHASER has not provided SELLER with a written notification as to the reason explaining that circumstances not under the control of PURCHASER have prevented PURCHASER from meeting the timeline, then the Property shall automatically revert back to the SELLER. SELLER agrees to work reasonably with PURCHASER in working within the timeframes set forth above, but PURCHASER and SELLER agree that time is of the essence. Furthermore, if each home is not sold to income-qualified buyers as defined herein, the Property shall revert back to SELLER. Property reverts to If SELLER, SELLER shall complete the construction of the homes and satisfy any outstanding construction loans held by PURCHASER and shall reimburse PURCHASER from the sale of the homes if there are sufficient funds. MISCELLANEOUS. 19. General. This Agreement, and any amendment hereto, may be 19.1 executed in any number of counterparts, each of which shall be deemed to be an original and all of which shall, together, constitute one and the same instrument. The section and paragraph headings herein contained are for the purposes of identification only and shall not be considered in construing this Agreement. Reference to a Section shall be deemed to be a reference to the entire Section, unless otherwise specified. No modification or amendment of this Agreement shall be of any force or effect, unless in writing executed by Parties. This Agreement sets forth the entire agreement between the Parties relating to the Property and all subject matter herein and supersedes all prior and contemporaneous negotiations, understandings and agreements, written or oral, between the Parties. This Agreement shall be interpreted in accordance with the laws of the State of Florida. The Parties hereby agree that jurisdiction of any litigation brought arising out of this Agreement shall be in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, should any cause of action be limited to federal jurisdiction only, in the United States District Court for the Southern District Court of Florida. 19.2 Computation of Time. Any reference herein to time periods which are not measured in Business Days and which are less than six (6) days, shall exclude Saturdays, Sundays and legal holidays in the computation thereof. Any time period provided for in this Agreement which ends on a Saturday, Sunday or legal holiday shall extend to 5:00 p.m. on the next full Business Day. Time is of the essence in the performance of all obligations under this Agreement. Time periods commencing with the Effective Date shall not include the Effective Date in the calculation thereof. 268 of 714 19.3 Waiver. Neither the failure of a party to insist upon a strict performance of any of the terms, provisions, covenants, agreements and conditions hereof, nor the acceptance of any item by a party with knowledge of a breach of this Agreement by the other party in the performance of their respective obligations hereunder, shall be deemed a waiver of any rights or remedies that a party may have or a waiver of any subsequent breach or default in any of such terms, provisions, covenants, agreements or conditions. This paragraph shall survive termination of this Agreement and the Closing. 19.4 Construction of Agreement. The Parties to this Agreement, through counsel, have participated freely in the negotiation and preparation hereof. Neither this Agreement nor any amendment hereto shall be more strictly construed against any of the Parties. As used in this Agreement, or any amendment hereto, the masculine shall include the feminine, the singular shall include the plural, and the plural shall include the singular, as the context may require. Provisions of this Agreement that expressly provide that they survive the Closing shall not merge into the Deed. 19.5 Severability. If any provision of this Agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law. The provisions of this Section shall apply to any amendment of this Agreement. 19.6 Handwritten Provisions. Handwritten provisions inserted in this Agreement and initialed by City and SELLER shall control all printed provisions in conflict therewith. 19.7 Waiver of Jury Trial. As an inducement to PURCHASER agreeing to enter into this Agreement, PURCHASER and SELLER hereby waive trial by jury in any action or proceeding brought by either party against the other party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement. 19.8 Attorney’s Fees and Costs. Should it be necessary to bring an action to enforce any of the provisions of this Agreement, reasonable attorneys' fees and costs, including those at the appellate level, shall be awarded to the prevailing party. 19.9 Binding Authority. Each party hereby represents and warrants to the other that each person executing this Agreement on behalf of the SELLER and PURCHASER has full right and lawful authority to execute this Agreement and to bind and obligate the party for whom or on whose behalf he or she is signing with respect to all provisions contained in this Agreement. 19.10 Recording. This Agreement may be recorded in the Public Records of Palm Beach County, Florida. 19.11 Survival. The covenants, warranties, representations, indemnities and undertakings of SELLER set forth in this Agreement, shall survive the Closing, the delivery and recording of the SELLER Property Deed and PURCHASER'S possession of the Property. 19.12 SELLER Attorney’s Fees and Costs. SELLER acknowledges and agrees that SELLER shall be responsible for its own attorney’s fees and all costs, if any, incurred by SELLER in connection with the transaction contemplated by this Agreement. 269 of 714 SIGNATURES ON FOLLOWING PAGE 270 of 714 IN WITNESS WHEREOF, the Parties have executed this agreement as of the Effective date. BUYER SELLER Boynton Beach Faith-Based Community City of Boynton Beach Development Corporation S S IGNATUREIGNATURE Courtney Cain Gerald Taylor PN PN RINT AMERINT AME President Mayor T T ITLE ITLE D D ATEATE WS WS ITNESS IGNATUREITNESS IGNATURE PN PN RINT AMERINT AME Approved as to form and legal sufficiency: CA ITY TTORNEY 271 of 714 "A" Exhibit Legal Description PCN: 08-43-45-21-25-001-0250 AND PCN: 08-43-45-21-25-001-0240 AND PCN: 08-43-45-21-19-000-0150 AND PCN: 08-43-45-21-24-000-0103 272 of 714 273 of 714 274 of 714 275 of 714 276 of 714 10. A CITY MANAGER’S REPORT October 21, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 21, 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. R14-108 - Adopt EQUESTED CTION BY ITY OMMISSION the City of Boynton Beach Strategic Plan 2014-2015. ER: At the August 29, 2014 City Commission Strategic Planning XPLANATION OF EQUEST Workshop, the City Commission, CRA Board and staff reviewed the 2013-2014 Strategic Plan Focused Work Program and Action Items to determine which projects and objectives have been completed and are still in progress, and to provide clear direction to staff on the project and funding priorities of the Commission for the 2014- 2015 plan update. The Strategic Plan and Action Agenda for the FY2014-2015 have been updated and are now ready for formal adoption by the City Commission. City staff will continue to provide periodic updates to the City Commission on the status and progress of the Work Program and Action Agenda. H? The Strategic Planning document OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES in its entirety establishes a model for the city that provides:  Value-based principles that describe the preferred future in 15 years.  Strategic goals that focus outcome-based objectives and potential actions for 5 years.  Focus for one year a work program that includes a policy agenda for the Mayor and Commission, management agenda for staff and major projects.  Principles that define the responsibility of City government and frame the primary services and core service businesses 277 of 714  Personal values that define performance standards and expectations for employees. FI: Adopting the Strategic Plan creates the blueprint for future budgeting ISCAL MPACT concerns and facilitates a more effective and efficient utilization of resources. A: Not to adopt the Strategic Plan in its entirety. LTERNATIVES 278 of 714 RESOLUTION R14- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND ADOPTING THE 2014-2015 CITY OF BOYNTON BEACH STRATEGIC PLAN, IN ITS ENTIRETY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS , at the August 29, 2014 City Commission Strategic Planning Workshop the City Commission, CRA Board and staff reviewed and 2013-2014 Strategic Plan Focused Work Program and Action Items to determine which projects and objectives are still in progress and to provide clear direction to staff on the project and funding priorities of the Commission for the 2014-2015 plan update; and WHEREAS , the Strategic Plan and Action Agenda for the Fiscal Year 2014-2015 have been updated and are now ready for formal adoption by the City Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption. Section 2. The City Commission does hereby approve and adopt the 2014-2015 City of Boynton Beach Strategic Plan in its entirety, a copy of which is attached hereto as Exhibit “A”. Section 3. This Resolution will become effective immediately upon passage. 279 of 714 PASSED AND ADOPTED this ___ day of October, 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) 280 of 714 281 of 714 282 of 714 283 of 714 284 of 714 285 of 714 286 of 714 287 of 714 288 of 714 289 of 714 290 of 714 291 of 714 292 of 714 293 of 714 294 of 714 295 of 714 296 of 714 297 of 714 298 of 714 299 of 714 300 of 714 301 of 714 302 of 714 303 of 714 304 of 714 305 of 714 306 of 714 307 of 714 308 of 714 309 of 714 310 of 714 311 of 714 312 of 714 313 of 714 314 of 714 315 of 714 316 of 714 317 of 714 318 of 714 319 of 714 320 of 714 321 of 714 322 of 714 323 of 714 324 of 714 325 of 714 326 of 714 327 of 714 328 of 714 329 of 714 330 of 714 331 of 714 332 of 714 333 of 714 334 of 714 335 of 714 336 of 714 337 of 714 338 of 714 339 of 714 340 of 714 341 of 714 342 of 714 343 of 714 344 of 714 345 of 714 346 of 714 347 of 714 348 of 714 349 of 714 350 of 714 351 of 714 352 of 714 353 of 714 354 of 714 355 of 714 356 of 714 357 of 714 358 of 714 359 of 714 360 of 714 361 of 714 362 of 714 363 of 714 364 of 714 365 of 714 366 of 714 367 of 714 368 of 714 369 of 714 370 of 714 371 of 714 372 of 714 373 of 714 374 of 714 375 of 714 376 of 714 377 of 714 378 of 714 379 of 714 380 of 714 381 of 714 382 of 714 383 of 714 384 of 714 385 of 714 386 of 714 387 of 714 388 of 714 389 of 714 390 of 714 391 of 714 392 of 714 393 of 714 394 of 714 395 of 714 396 of 714 397 of 714 398 of 714 399 of 714 400 of 714 401 of 714 402 of 714 403 of 714 404 of 714 405 of 714 406 of 714 407 of 714 408 of 714 409 of 714 410 of 714 411 of 714 412 of 714 413 of 714 414 of 714 415 of 714 416 of 714 417 of 714 418 of 714 419 of 714 420 of 714 421 of 714 422 of 714 423 of 714 424 of 714 425 of 714 426 of 714 427 of 714 428 of 714 429 of 714 430 of 714 431 of 714 432 of 714 433 of 714 434 of 714 435 of 714 436 of 714 437 of 714 438 of 714 439 of 714 440 of 714 441 of 714 442 of 714 443 of 714 444 of 714 445 of 714 446 of 714 447 of 714 448 of 714 449 of 714 450 of 714 451 of 714 452 of 714 453 of 714 454 of 714 455 of 714 456 of 714 457 of 714 458 of 714 459 of 714 460 of 714 461 of 714 462 of 714 463 of 714 464 of 714 465 of 714 466 of 714 467 of 714 468 of 714 469 of 714 470 of 714 471 of 714 472 of 714 473 of 714 474 of 714 475 of 714 476 of 714 477 of 714 478 of 714 479 of 714 480 of 714 481 of 714 482 of 714 483 of 714 484 of 714 485 of 714 486 of 714 487 of 714 488 of 714 489 of 714 490 of 714 491 of 714 492 of 714 493 of 714 494 of 714 495 of 714 496 of 714 497 of 714 498 of 714 499 of 714 500 of 714 501 of 714 502 of 714 503 of 714 504 of 714 505 of 714 506 of 714 507 of 714 508 of 714 509 of 714 510 of 714 511 of 714 512 of 714 513 of 714 514 of 714 515 of 714 516 of 714 517 of 714 518 of 714 519 of 714 520 of 714 521 of 714 522 of 714 523 of 714 524 of 714 525 of 714 526 of 714 527 of 714 528 of 714 529 of 714 530 of 714 531 of 714 532 of 714 533 of 714 534 of 714 535 of 714 536 of 714 537 of 714 538 of 714 539 of 714 540 of 714 541 of 714 542 of 714 543 of 714 544 of 714 545 of 714 546 of 714 547 of 714 548 of 714 549 of 714 550 of 714 551 of 714 552 of 714 553 of 714 554 of 714 555 of 714 556 of 714 557 of 714 558 of 714 559 of 714 560 of 714 561 of 714 562 of 714 563 of 714 564 of 714 565 of 714 566 of 714 567 of 714 568 of 714 569 of 714 570 of 714 571 of 714 572 of 714 573 of 714 574 of 714 575 of 714 576 of 714 577 of 714 578 of 714 579 of 714 580 of 714 581 of 714 582 of 714 583 of 714 584 of 714 585 of 714 586 of 714 587 of 714 588 of 714 589 of 714 590 of 714 591 of 714 592 of 714 593 of 714 594 of 714 595 of 714 596 of 714 597 of 714 598 of 714 599 of 714 600 of 714 601 of 714 602 of 714 603 of 714 604 of 714 605 of 714 606 of 714 607 of 714 608 of 714 609 of 714 610 of 714 611 of 714 612 of 714 613 of 714 614 of 714 615 of 714 616 of 714 617 of 714 618 of 714 619 of 714 620 of 714 621 of 714 622 of 714 623 of 714 624 of 714 625 of 714 626 of 714 627 of 714 628 of 714 629 of 714 630 of 714 631 of 714 632 of 714 633 of 714 634 of 714 635 of 714 636 of 714 637 of 714 638 of 714 639 of 714 640 of 714 641 of 714 642 of 714 643 of 714 644 of 714 645 of 714 646 of 714 647 of 714 648 of 714 649 of 714 650 of 714 651 of 714 652 of 714 653 of 714 654 of 714 13. A LEGAL October 21, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 21, 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 - EQUESTED CTION BY ITY OMMISSION SECOND 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 11/5/14) PROPOSED ORDINANCE NO. 14-014 - SECOND 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 11/5/14) 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 655 of 714 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 656 of 714 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 657 of 714 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. 658 of 714 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. 659 of 714 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) 660 of 714 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 661 of 714 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. 662 of 714 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) 663 of 714 664 of 714 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: 665 of 714 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 666 of 714 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. 667 of 714 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 668 of 714 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. 669 of 714 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 670 of 714 13. B LEGAL October 21, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 21, 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 11/5/14) 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 671 of 714 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 672 of 714 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 land use 673 of 714 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 674 of 714 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. School: The School District of Palm Beach County has reviewed the 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. The City’s water capacity, as increased through the purchase of up to 5 million Utilities: 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. 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. 675 of 714 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. 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 676 of 714 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 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- 677 of 714 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 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 678 of 714 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. 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 679 of 714 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. Lighting: The photometric plan (sheet A5.01 PH) proposes 40 freestanding 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 680 of 714 681 of 714 682 of 714 683 of 714 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). 684 of 714 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 685 of 714 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. 686 of 714 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. 687 of 714 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. √ 688 of 714 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 689 of 714 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: 1. Application for the approval 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 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: _______________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ DATED:__________________________ _____________________________________________ City Clerk 690 of 714 S:\Planning\SHARED\WP\PROJECTS\High Ridge Landing\MSPM 14-002\DO.doc 691 of 714 13. C LEGAL October 21, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 21, 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. 14-027 - EQUESTED CTION BY ITY OMMISSION SECCOND READING - PUBLIC HEARING - Approve Amendment to Ordinance 13-003 to restate the terms of appointees Woodrow L. Hay and James "Buck" Buchanan ER: Pursuant to FL. St. 163.357(c) A governing body(City XPLANATION OF EQUEST Commission) which consists of five members may appoint two additional persons to act as members of the community redevelopment agency. The terms of office of the additional members shall be for 4 years, except that the first person appointed shall initially serve a term of 2 years. Persons appointed under this section are subject to all provisions of this part relating to appointed members of a community redevelopment agency. On March 1, 2011, per Ordinance 11-009, the City Commission expanded the CRA by adding two additional members to the Board. Also on March 1, 2011, per Ordinance 11-010, the City Commission appointed James Buchanan to a 2-year term and Mark Karageorge to a 4-year term. James Buchanan’s initial 2-year term ended March of 2013 and he was re-appointed in February, 2013 to a two year term but should have been appointed to a four year term. Mark Karageorge resigned before the expiration of his term and Woodrow L. Hay was appointed to fill the unexpired portion of his term. This amendment to Ordinance 13-003 will clarify the current status of the current Commission appointee’s respective terms to reflect:  James “Buck” Buchanan – four year term ending March 1, 2017.  Woodrow L. Hay- completing four year term of Mark Karageorge ending March 1, 2015. 692 of 714 H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: None. ISCAL MPACT A: None. The terms of office of the CRA appointee members must conform to LTERNATIVES rule set forth in FL. St. 163.357(c) as stated above. 693 of 714 ORDINANCE NO. 14-027 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE 13-003; CONFIRMING PRIOR COMMISSION ACTION APPOINTING JAMES “BUCK” BUCHANAN AND WOODROW L. HAY AND STATING THEIR RESPECTIVE TERMS OF APPOINTMENT TO THE BOYNTON BEACH COMMUNITY REDEVELOPMENT BOARD, AND AN EFFECTIVE DATE. WHEREAS , in 2011 the City of Boynton Beach determined that it was in the best interests of the citizens and residents of the City to appoint two members to the Board of Commissioners of the Community Redevelopment Agency to serve with the City Commissioners; and WHEREAS, the City Commission thereafter appointed Mark Karageorge to a four (4) year term and James “Buck” Buchanan to a two (2) year term; and WHEREAS , when James “Buck” Buchanan’s two (2) year term expired he was reappointed to another two (2) year term when the appointment should have been to a four (4) year term to conform to the requirement of state statute; and WHEREAS , Mark Karageorge resigned his position before the end of his initial term and Woodrow L. Hay was appointed to serve the remaining portion of his term. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. That the foregoing "WHEREAS" clause is true and correct and hereby ratified and confirmed by the City Commission. Section 2. The term of James “Buck” Buchanan’s appointment to the Community Redevelopment Board is for a four (4) year term which ends March 1, 2017. Section 3. Woodrow L. Hay’s appointment to the unexpired four (4) year term of Mark Karageorge ends March 1, 2015. 694 of 714 Section 4 The City Clerk is directed to issue a certificate of appointment to the appointees consistent with this Ordinance. Section 5. This Ordinance shall be effective immediately after adoption. th FIRST READING this 7 day of October, 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 ATTEST: ______________________________ Commissioner – Michael M. Fitzpatrick _______________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 695 of 714 13. D LEGAL October 21, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 21, 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. 14-028 - EQUESTED CTION BY ITY OMMISSION SECOND READING - PUBLIC HEARING - Approve the abandonment of an existing 12 ft. utility easement along Military Trail as part of the construction of a Walmart store at Military Trail and Coconut Lane. Accept dedication of additional right-of-way to Palm Beach County. ER: The construction of a Walmart store located at the northeast XPLANATION OF EQUEST corner of Military Trail and Coconut Lane requires the dedication of additional right of way to Palm Beach County for a right turn lane. The City of Boynton Beach currently has a 12 ft. utility easement and an existing water main and force main in the area of the new turn lane. The owner of the property, Flavor Pict Properties, LLC, has agreed to grant a new City of Boynton Beach utility easement on the site, and the existing utility easement will be abandoned prior to dedication of the additional right of way. The abandonment is required as part of the site development for the Walmart store, which was approved by Palm Beach County. In addition, Flavor Pict Properties, LLC will relocate the City owned water main and force main into the new easement on the site without expense to the City. A separate City of Boynton Beach utility easement will be recorded on the property, which is owned by Flavor Pict Properties, LLC, and the City owned utilities will be relocated into the new easement without expense to the City. H? There will be no adverse impact on OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES City services. Upon abandonment of the easement, additional right of way will be dedicated to Palm Beach County, a City of Boynton Beach utility easement will be 696 of 714 recorded on Flavor Pict Properties, LLC’s property, and City owned utilities will be relocated into the new easement. FI: There is no fiscal impact to the City. ISCAL MPACT A: Deny the request for abandonment of the easement and recordation of LTERNATIVES a new City of Boynton Beach utility easement on Flavor Pict Properties, LLC’s property. 697 of 714 ORDINANCE NO. 14-028 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ABANDONMENT OF A 12-FOOT WIDE UTILITY EASEMENT ALONG MILITARY TRAIL AS PART OF THE CONSTRUCTION OF A WALMART STORE AT MILITARY TRAIL AND COCONUT LANE; ACCEPT DEDICATION OF ADDITIONAL RIGHT OF WAY TO PALM BEACH COUNTY WHICH WILL INCLUDE THE AREA VACATED BY THE EASEMENT, SUBJECT TO STAFF COMMENTS; AUTHORIZING THE CITY MANAGER TO EXECUTE A DISCLAIMER, WHICH SHALL BE RECORDED WITH THIS ORDINANCE IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Flavor Pict Properties, LLC., is requesting the abandonment of a 12 foot utility easement along Military Trail as part of the construction of a Walmart store located at the northeast corner of Military Trail and Coconut Lane which requires the dedication of additional right of way to Palm Beach County for a right turn lane; and WHEREAS, the City of Boynton Beach currently has a 12 foot utility easement and an existing water main and force main in the area of the new turn lane; WHEREAS , the owner of the property has agreed to grant a new City of Boynton Beach utility easement on the site and the existing utility easement will be abandoned prior to the dedication of the additional right of way; and WHEREAS, comments have been solicited from the appropriate City Departments, and public hearings have been held before the City's Planning and Development Board, and the City Commission on the proposed abandonment; and WHEREAS, staff finds that the 12 foot-wide utility easement no longer serves a public purpose, and the City Commission adopts that finding. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby abandon an existing 12 foot utility easement along Military Trail as part of the construction of a Walmart store located at the northeast corner of Military Trail and Coconut Lane which requires the dedication of additional right of way to Palm Beach County for a right turn lane, subject to staff comments. The property being abandoned is more particularly described as follows: A 12 FOOT UTILITY EASEMENT LYING WITHIN A PARCEL OF LAND SITUATED IN SECTION 1, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM 698 of 714 BEACH COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 12 FEET OF THE FOLLOWING DESCRIBED PARCEL: THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, LESS THE RIGHT OF WAYS FOR COCONUT ROAD AND MILITARY TRAIL (S.R. 809), AS LAID OUT AND IN USE. Section 3. The City Manager is hereby authorized and directed to execute the attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records of Palm Beach County, Florida. Section 4. This Ordinance shall take effect immediately upon passage. th FIRST READING this 7 day of October, 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 ATTEST: _____________________________________ Commissioner – Michael M. Fitzpatrick Janet M. Prainito, MMC City Clerk (Corporate Seal) DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City of Boynton Beach, Florida, does hereby abandon an existing 12 foot utility easement along 699 of 714 Military Trail as part of the construction of a Walmart store located at the northeast corner of Military Trail and Coconut Lane which requires the dedication of additional right of way to Palm Beach County for a right turn lane, subject to staff comments. The property being abandoned is more particularly described as follows: A 12 FOOT UTILITY EASEMENT LYING WITHIN A PARCEL OF LAND SITUATED IN SECTION 1, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 12 FEET OF THE FOLLOWING DESCRIBED PARCEL: THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, LESS THE RIGHT OF WAYS FOR COCONUT ROAD AND MILITARY TRAIL (S.R. 809), AS LAID OUT AND IN USE. IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this ____ day of ______________, 2014. ATTEST: CITY OF BOYNTON BEACH, FLORIDA ___________________ _____________________________ Janet M. Prainito, MMC Lori LaVerriere, City Manager City Clerk STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) BEFORE ME , the undersigned authority, personally appeared Lori LaVerriere and Janet M. Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this _____ day of ________________, 2014. _____________________________ NOTARY PUBLIC, State of Florida My Commission Expires: 700 of 714 701 of 714 702 of 714 703 of 714 704 of 714 705 of 714 706 of 714 707 of 714 708 of 714 709 of 714 710 of 714 711 of 714 712 of 714 713 of 714 14. A FUTURE AGENDA ITEMS October 21, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 21, 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 714 of 714