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Agenda 12-01-09 Searchable Boynton Beach Boynton Beach The City of 100 E. Boynton Beach Boulevard ● (561) 742-6000 TUESDAY, DECEMBER 1, 2009 6:30 PM FINAL AGENDA City Commission AGENDA Jerry Taylor Mayor – At Large Woodrow Hay Vice Mayor – District II Ron Weiland Commissioner – District I Jose Rodriguez Commissioner – District III Marlene Ross Commissioner – District IV Kurt Bressner City Manager James Cherof City Attorney Janet M. Prainito City Clerk Visit our Web site www.boynton–beach.org We’re Reinventing City Living for The Millennium 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 - 1. OPENINGS A. Call to order - Mayor Jerry Taylor B. Invocation C. Pledge of Allegiance to the Flag led by Commissioner Marlene Ross D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. OTHER A. Request for Reconsideration by Commissioner Ronald Weiland. B. Informational Items by Members of the City Commission 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announcement of the Holiday Extravaganza. B. Announce Holiday Boat Parade. C. Permission to announce the City's receipt of the 2009 Digital Cities Award. D. Presentation by the Mayor, on behalf of the City, to the Sand Sifters Volunteers of the Year Award recipients. E. Presentation of Certificates of Completion to Vice Mayor Woodrow Hay and Commissioner Marlene Ross for completion of the Institute for Elected Municipal Officials. 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. 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 a - 3 - ll of the accompanying material to become a part of the Public Record and subject t o staff comments . PROPOSED RESOLUTION NO. R09-178 A. -- Adopting fees for building and construction related activities in the City of Boynton Beach. PROPOSED RESOLUTION NO. R09- 179 B. -- Supporting Tri-Rail, providing for a suggested funding mechanism. C. Approve applying for a Department of Housing and Urban Development (HUD) Consolidation Appropriation in the amount of $294,000 to renovate the 1913 Schoolhouse Children's Museum and Learning Center. PROPOSED RESOLUTION NO. R09-180 -- Approve amending the FY2009/2010 CIP to include the $294,000 expense and grant reimbursement. Upon award, the City will have five years to complete the renovations. PROPOSED RESOLUTION NO. R09-181 D. -- Approve Interlocal Service Boundary Agreement initiating a long range annexation plan. E. Approve expenditure of $27,506.85 for annual renewal of Grants Network Master License and Service Agreement with eCivis. F. Approve submittal of a "Revolving Energy Fund for Municipal Facilities" project to the Department of Energy for the Energy Efficiency Conservation Strategy (EECS) and remaining award of the Energy Efficiency Conservation Block Grant (EECBG) 7. CODE COMPLIANCE & LEGAL SETTLEMENTS A. Ratify or modify the decision of the Code Compliance Board to reduce the fine in Code Compliance Case 08-1695 (City of Boynton Beach vs. The Estate of Ann Woods Love). 8. 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 N0. R09-173 - SECOND READING A. - Designating a Portion of the Community Redevelopment Area a Brownfield. PROPOSED RESOLUTION NO. R09-176 – SECOND READING B. -- Approve Land Development Agreement between the City of Boynton Beach and Gulfstream Gardens, LLC that involves a revised City process for expediting site reviews and modifying surety requirements.. - 4 - 9. CITY MANAGER’S REPORT PROPOSED RESOLUTION NO. R09-182 A. -- Approve a piggyback of the City of Palm Bay contract (contract # 39-0-2007/SB) extended through 7-31-10 with Aquifer Maintenance and Performance Systems, Inc. (AMPS, Inc.) with the same terms, conditions, specifications and pricing. This contract will be utilized for well rehabilitation services at an estimated annual expenditure of $350,000. 10. FUTURE AGENDA ITEMS A.Consider request from the Town of Briny Breezes seeking relief from: 1) Annual contract adjustments in the current Police and Fire/EMS Services contracts and 2) Water/Sewer charges. (Tabled on October 20, 2009) B. Review of application packet and process for CRA appointments. City Commission is asked to review the application materials and selection process for appointment of a seven-member Community Redevelopment Board. The timeline for the appointment of the CRA Board per Ordinance 09-030 is subject to the discretion of the City Commission. (Tabled to January 2010) 11. NEW BUSINESS None 12. LEGAL PROPOSED ORDINANCE No. 09-009 -- SECOND READING A. -- New Urban High Ridge, (LUAR 09-001), Land Use Plan Amendment /Rezoning, located at Northwest corner of High Ridge Road and Miner Road. Request to amend the Comprehensive Plan Future Land Use Map classification on +13.66 acres of land from "Medium Density Residential" to "Industrial". Applicant: New Urban High Ridge LLC. (Tabled on August 4, 2009) PROPOSED ORDINANCE No. 09-010-- SECOND READING B. -- New Urban High Ridge, (LUAR 09-001), Land Use Plan Amendment /Rezoning, located at Northwest corner of High Ridge Road and Miner Road. Request to rezone from Planned Unit Development (PUD) to M-1 Industrial. Applicant: New Urban High Ridge LLC. (Tabled on August 4, 2009) PROPOSED ORDINANCE NO. 09-042 -- SECOND READING C. -- Recreational Water Surface Policies, (CPTA 09-001), Comprehensive Plan Text Amendment. Amending Policy 1.3.1 (a) of the Future Land Use Element, and to add policies to the Coastal Management Element and the Intergovernmental Coordination Element. PROPOSED ORDINANCE 09-044 -- SECOND READING D. -- IPUD Zoning District-Marine-Oriented & Water Dependent Uses, (CDRV 09-008). Amending the Land Development Regulations, Chapter 2, Zoning, Section 5.L., changing the intent section to promote water access and recreational opportunities with accommodation of uses including marine-oriented and water-dependent uses, - 5 - and establishment of development regulations for implementation. Applicant:: City-initiated. PROPOSED ORDINANCE 09-045 -- SECOND READING E. -- Request to adopt the 2009 update of the Capital Improvements Element (CIE) of the City's Comprehensive Plan for submittal to the Department of Community Affairs (DCA). PROPOSED ORDINANCE NO. 09-046 F. -- Approve Ordinance Amending Stormwater Utility Fee to add a fifty cent ($0.50) surcharge to the monthly charge per equivalent residential unit (ERU) for a tidal canal dredging program. PROPOSED ORDINANCE No. 09-047 G. -- Amending Stormwater Utility Fee to add a twenty-five cent ($0.25) surcharge to the monthly charge per equivalent residential unit (ERU) for a period of two years commencing January 1, 2010 for fresh water canal aquatic weed control maintenance program. 13. UNFINISHED BUSINESS None 14. 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 PAM WELSH (561) 742-6013 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 - 2. A OTHER December 1, 2009 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: December 1, 2009 OMMISSION EETING ATE A/P CM’R NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT A NB DMINISTRATIVEEW USINESS NO CA L ATURE F ONSENT GENDAEGAL CC&L AI ODE OMPLIANCE EGAL GENDA TEM S UB ETTLEMENTSNFINISHED USINESS PH FAI UBLIC EARINGUTURE GENDA TEMS O O PENINGSTHER RACC: Request for Reconsideration by Commissioner Ronald EQUESTED CTION BY ITY OMMISSION Weiland. ER: At the September 14, 2009 City Commission meeting, the City XPLANATION OF EQUEST Commission approved submittal of a referendum question for the March 2010 ballot regarding funding of a new police facility. A portion of the minutes of the September 14, 2009 City Commission meeting is attached. Commissioner Weiland has requested that this item be placed on the December 1, 2009 agenda for reconsideration, discussion, and action. H? To be determined. OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: To be determined. ISCAL MPACT A: The alternative would be to not reconsider the item requested. LTERNATIVES - 7 - - 8 - - 9 - - 10 - - 11 - - 12 - 3. A ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS December 1, 2009 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: December 1, 2009 OMMISSION EETING ATE A/P CM’R NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT A NB DMINISTRATIVEEW USINESS NO CA L ATURE F ONSENT GENDAEGAL CC&L AI ODE OMPLIANCE EGAL GENDA TEM S UB ETTLEMENTSNFINISHED USINESS PH FAI UBLIC EARINGUTURE GENDA TEMS O O PENINGSTHER RACC: Announcement of the Holiday Extravaganza. EQUESTED CTION BY ITY OMMISSION ER: On Saturday, December 5, 2009 Boynton Beach presents “Holiday XPLANATION OF EQUEST Extravaganza”. The Parade runs from 5:00pm to 6:30pm, north in the southbound lane of Federal Hwy., th from SE 12 Avenue to Ocean Avenue. The Holiday Tree, Menorah and Kwanza display lighting will take place at 6:45pm at the Schoolhouse Children’s Museum at 129 East Ocean Avenue (just east of Seacrest). A FREE Concert, featuring Grammy Award winning “Queen of Disco” GLORIA GAYNOR, starts at st 7:00pm until 10:00pm on East Ocean Avenue between Seacrest and NE 1. Street. Food and beverage vendors will be available. Park and ride the free trolley from the Bank of America on the NE corner of Federal Hwy. & Ocean Ave. to the concert site from 6:30pm until 10:30pm. No pets, please. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: CRA Project Fund budget line item 02-58500-480. ISCAL MPACT A: LTERNATIVES - 13 - 3. B ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS December 1, 2009 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: December 1, 2009 OMMISSION EETING ATE A/P CM’R NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT A NB DMINISTRATIVEEW USINESS NO CA L ATURE F ONSENT GENDAEGAL CC&L AI ODE OMPLIANCE EGAL GENDA TEM S UB ETTLEMENTSNFINISHED USINESS PH FAI UBLIC EARINGUTURE GENDA TEMS O O PENINGSTHER RACC: Announce Holiday Boat Parade. EQUESTED CTION BY ITY OMMISSION ER: On Friday, December 11, 2009 Boynton Beach presentsthe XPLANATION OF EQUEST “Holiday Boat Parade”. The parade starts at 6:30 pm and runs South from the Boynton Inlet to the C-15 canal South of Delray Beach. There is public viewing along the parade route and at the Boynton Harbor Marina. Food and drinks will be available for purchase. No pets please. Parking is available at the Bank of America and Financial Plaza parking lots on the NE corner of East Ocean Avenue and Federal Hwy. To enter your boat in the parade call Rob Larson at 735-7955. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: CRA Budget – Project Fund line item 02-58500-480. Marine Industries ISCAL MPACT donation of $2,500.00. A: LTERNATIVES - 14 - 3. C ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS December 1, 2009 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: December 1, 2009 OMMISSION EETING ATE A/P CM’R NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT A NB DMINISTRATIVEEW USINESS NO CA L ATURE F ONSENT GENDAEGAL CC&L AI ODE OMPLIANCE EGAL GENDA TEM S UB ETTLEMENTSNFINISHED USINESS PH FAI UBLIC EARINGUTURE GENDA TEMS O O PENINGSTHER RACC: Permission to announce the City's receipt of the 2009 EQUESTED CTION BY ITY OMMISSION Digital Cities Award. ER: XPLANATION OF EQUEST The City of Boynton Beach won fifthplace for the 30,000 - 74,999population category in the . 2009 Digital Cities SurveyThe award was presented at the 2009 Digital Cities Survey th Reception and Dinner on Thursday, November 12 during the National League of Cities Conference in San Antonio, Texas. The Center for Digital Government selected the winning cities from the results of their ninth annual Digital Cities Survey. The survey examines how municipalities incorporate information technology to make it easier to engage citizens in their local government. “The Survey clearly shows that cities place a high value on positive experiences for their constituents when using government services. These winners are at the leading edge of the future in digital advances for citizens,” said Cathilea Robinett, Executive Director for the Center for Digital Government. The survey was open to all U.S. cities with a population of 30,000 or more, and respondent cities were classified into four size-based categories. The City’s Information Technology Services Department has now entered the annual competition four consecutive years and placed in the top ten for our City’s population category each time. The Center for Digital Government is a national research and advisory institute on information technology policies and best practices in state and local government - 15 - 3. D ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS December 1, 2009 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: December 1, 2009 OMMISSION EETING ATE A/P CM’R NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT A NB DMINISTRATIVEEW USINESS NO CA L ATURE F ONSENT GENDAEGAL CC&L AI ODE OMPLIANCE EGAL GENDA TEM S UB ETTLEMENTSNFINISHED USINESS PH FAI UBLIC EARINGUTURE GENDA TEMS O O PENINGSTHER RACC: Presentation by the Mayor, on behalf of the City, to the EQUESTED CTION BY ITY OMMISSION Sand Sifters Volunteers of the Year Award recipients. ER: The Sand Sifters is a volunteer group that conducts monthly trash XPLANATION OF EQUEST cleanups at Oceanfront Park. They contribute approximately 5,000 hours of time to the City on an annual basis. The City of Boynton Beach present the Sand Sifters “Volunteer of the Year” award to a member(s) of their organization who has given extra and special efforts to the activities of the Sand Sifters. This year the City is recognizing two recipients. Michael Halasz and David Wagner are two of the founding members. They have spent countless hours volunteering for the Sand Sifters and for the City. This is the second presentation of the Sand Sifters Volunteer of the Year Award. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: N/A LTERNATIVES - 16 - 3. E ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS December 1, 2009 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: December 1, 2009 OMMISSION EETING ATE A/P CM’R NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT A NB DMINISTRATIVEEW USINESS NO CA L ATURE F ONSENT GENDAEGAL CC&L AI ODE OMPLIANCE EGAL GENDA TEM S UB ETTLEMENTSNFINISHED USINESS PH FAI UBLIC EARINGUTURE GENDA TEMS O O PENINGSTHER RACC: Presentation of Certificates of Completion to Vice Mayor EQUESTED CTION BY ITY OMMISSION Woodrow Hay and Commissioner Marlene Ross for completion of the Institute for Elected Municipal Officials. nd ER: Beginning on October 2 and running through October 4, 2009, XPLANATION OF EQUEST Vice Mayor Hay and Commissioner Ross participated in the Institute for Elected Municipal Officials training that was held in West Palm Beach, sponsored by The John Scott Dailey Florida Institute of Government. The intensive program is offered for newly-elected and veteran City officials. It is six sessions consisting of 18 hours of programming. H? We are recognizing Vice Mayor Hay and OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Commissioner Ross for their willingness to go above and beyond to become better leaders in our community. FI: None ISCAL MPACT A: The alternative would be not to attend the Institute. LTERNATIVES - 17 - 5. A ADMINISTRATIVE December 1, 2009 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: December 1, 2009 OMMISSION EETING ATE A/P CM’R NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT A NB DMINISTRATIVEEW USINESS NO CA L ATURE F ONSENT GENDAEGAL CC&L AI ODE OMPLIANCE EGAL GENDA TEM S UB ETTLEMENTSNFINISHED USINESS PH FAI UBLIC EARINGUTURE GENDA TEMS O O PENINGSTHER RACC: Appoint eligible members of the community to serve in EQUESTED CTION BY ITY OMMISSION vacant positions on City advisory boards. ER: The attached list contains the names of those who have applied for XPLANATION OF EQUEST 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. A binder of all of the applications will be placed at your seat on the dais. Staff recommends delaying this item to the December 15, 2009 meeting to allow adequate time for your review. H? The boards listed will not be full boards OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES and may compromise the efficiency of the individual board. FI: None ISCAL MPACT A: Allow vacancies to remain unfilled. LTERNATIVES - 18 - Appointment Length of Term To Be Made Board Expiration Date I Weiland Arts Commission Reg 3 yr term to 12/12 II Hay Arts Commission Reg 3 yr term to 12/12 III Rodriguez Arts Commission Alt 1 yr term to 12/10 IV Ross Arts Commission Alt 1 yr term to 12/10 Mayor Taylor Bldg. Bd. of Adj. & Appeals Reg 3 yr term to 12/12 I Weiland Bldg. Bd. of Adj. & Appeals Reg 3 yr term to 12/12 II Hay Bldg. Bd. of Adj & Appeals Reg 3 yr term to 12/12 III Rodriguez Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/10 (Tabled 3) IV Ross Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/10 IV Ross Cemetery Board Reg 3 yr term to 12/12 Mayor Taylor Cemetery Board Alt 1 yr term to 12/10 Mayor Taylor Code Compliance Board Reg 3 yr term to 12/12 I Weiland Code Compliance Board Reg 3 yr term to 12/12 IV Ross Code Compliance Board Alt 1 yr term to 12/10 II Hay Code Compliance Board Alt 1 yr term to 12/10 IV Ross Community Relations Bd. Reg 3 yr term to 12/12 Mayor Taylor Community Relations Bd. Reg 3 yr term to 12/12 I Weiland Community Relations Bd. Reg 3 yr term to 12/12 II Hay Community Relations Bd. Alt 1 yr term to 12/10 (Tabled 2) III Rodriguez Community Relations Bd. Alt 1 yr term to 12/10 (Tabled 2) Mayor Taylor Education & Youth Advisory Board Reg 2 yr term to 12/11 I Weiland Education & Youth Advisory Board Reg 2 yr term to 12/11 II Hay Education & Youth Advisory Board Reg 2 yr term to 12/11 III Rodriguez Education & Youth Advisory Board Reg 2 yr term to 12/11 II Hay Education & Youth Advisory Board Alt 1 yr term to 12/10 (Tabled 3) IV Ross Education & Youth Advisory Board Alt 1 yr term to 12/10 III Rodriguez Education & Youth Advisory Board Stu N/V 1 yr term to 12/10 (Tabled 3) IV Ross Education & Youth Advisory Board Stu 1 yr term to 12/10 (Tabled 3) Mayor Taylor Education & Youth Advisory Board Stu 1 yr term to 12/10 II Hay Employees’ Pension Board Reg 3 yr term to 12/12 III Rodriguez Library Board Reg 3 yr term to 12/12 IV Ross Library Board Reg 3 yr term to 12/12 II Hay Library Board Alt 1 yr term to 12/10 (Tabled 2) Mayor Taylor Library Board Alt 1 yr term to 12/10 (Tabled 3) I Weiland Planning & Development Board Reg 2 yr term to 12/11 II Hay Planning & Development Board Reg 2 yr term to 12/11 III Rodriguez Planning & Development Board Reg 2 yr term to 12/11 IV Ross Planning & Development Board Reg 2 yr term to 12/11 Mayor Taylor Planning & Development Board Alt 1 yr term to 12/10 Mayor Taylor Planning & Development Board Alt 1 yr term to 12/10 - 19 - Appointment Length of Term To Be Made Board Expiration Date Mayor Taylor Recreation & Parks Board Reg 3 yr term to 12/11 (Tabled 2) I Weiland Recreation & Parks Board Reg 3 yr term to 12/12 II Hay Recreation & Parks Board Reg 3 yr term to 12/12 IV Ross Recreation & Parks Board Alt. 1 yr term to 12/10 (Tabled 2) III Rodriguez Recreation & Parks Board Alt 1 yr term to 12/10 IV Ross Senior Advisory Board Reg 2 yr term to 12/11 Mayor Taylor Senior Advisory Board Reg 2 yr term to 12/11 I Weiland Senior Advisory Board Alt 1 yr term to 12/10 II Hay Senior Advisory Board Alt 1 yr term to 12/10 I Weiland Veterans Adv. Commission Reg 3 yr term to 12/12 II Hay Veterans Adv. Commission Reg 3 yr term to 12/12 III Rodriguez Veterans Adv. Commission Alt 1 yr term to 12/10 IV Ross Veterans Adv. Commission Alt 1 yr term to 12/10 Mayor Taylor Veterans Adv. Commission Alt 1 yr term to 12/10 I Weiland Veterans Adv. Commission Alt 1 yr term to 12/10 - 20 - Last Name First 1 st Choice 2 nd Choice 3 rd Choice Name Barnes Matthew Planning and Development Bd Boruck Morris Veterans Commission Brake James Code Compliance Bd Chiste Robert Education & (STUDENT) Youth Adv. Bd. Cook Dana Arts Commission Cregan Katharine Senior Adv. Bd Davenport Donn Arts Commission dela Torre III Jose Education & Planning & Community Youth Adv. Bd Development Relations Bd. Bd. Farrington John Veterans Commission Foertsch Leah Arts Commission Planning & Development Bd. Frazier Pat Recreation & Senior Adv. Parks Bd. Bd Gavlick Stanley Veterans (Alternate Commission ONLY) Grcevic Sharon Planning & Community Development Bd Relations Guritzky Sanford Bldg. Bd of Adj & Apls Hoban Deborah Library Bd Jones Myra Education & Youth Adv. Bd Killian Candace Planning & Development Bd Krabill Thomas Veterans Commission Kurtz Richard Bldg. Bd. of Adj Planning & Code & Apls Development Compliance Bd Bd Last Name First 1 st Choice 2 nd Choice 3 rd Choice Name LaTour Jamie Code Compliance Bd. - 21 - McVey Jack Recreation & Parks Bd Moeller Christine Arts Commission Morera Mary Education & Youth Adv. Bd Mura Joyce Community Relations Bd Myott Steve Planning & Development Bd North Tiffany Education & Community Recreation & Youth Adv. Bd Relations Bd Parks Bd Orlove William Recreation & Parks Bd Scantlan Don Veterans Commission Stern Phyllis Community Senior Adv. Education & Relations Bd Bd Youth Adv. Bd Taylor Jeannie Library Bd Timm Warren Planning & Development Bd Waldman Stephen Education & Youth Adv. Bd Wolf Halena Arts Commission - 22 - 6. A CONSENT AGENDA December 1, 2009 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: December 1, 2009 OMMISSION EETING ATE A/P CM’R NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT A NB DMINISTRATIVEEW USINESS NO CA L ATURE F ONSENT GENDAEGAL CC&L AI ODE OMPLIANCE EGAL GENDA TEM S UB ETTLEMENTSNFINISHED USINESS PH FAI UBLIC EARINGUTURE GENDA TEMS O O PENINGSTHER RACC: PROPOSED RESOLUTION NO. R09-178 -- Adopting EQUESTED CTION BY ITY OMMISSION fees for building and construction related activities in the City of Boynton Beach. ER: Staff is proposing three revisions to the current Building Fee XPLANATION OF EQUEST Schedule. The first change is a Temporary Certificate of Occupancy (or Completion) (“TCO” or “TCC”) extension fee to be used as a mechanism to fund the services provided to close out projects. The second change is to implement a permit extension fee for permits that need to be extended beyond the normal (90) day period. Our Building Board of Adjustments and Appeals routinely grants permit extensions for a year, but there is no mechanism for collecting fees to provide this service. This revision will cover that oversight. The third revision is the creation of a bifurcated building permit fee schedule in which the City would collect full, regular permit fees for those projects that require City staff to perform all plan review and inspections, and in which the City would collect slightly reduced permit fees (or refund a portion of the permit fee) for those projects that utilize private providers to perform plan review and/or inspections. H? The proposed Building Fee Schedule OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES revisions will provide greater flexibility to contractors and other development professionals. FI: The implementation of a TCO/TCC extension fee will provide the financial ISCAL MPACT motivation to induce the applicant to close out their project. Staff estimates the implementation of a TCO/TCC extension fee will result in an increased revenue of $5,000 per year which will be allocated to the services for which they are collected. The fiscal impact in relation to the other two revisions is harder to determine as it would vary depending on the type of project. A: Allow fees to remain at their current rates as previously adopted. LTERNATIVES - 23 - RESOLUTION NO. 09- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING FEES FOR BUILDING AND CONSTRUCTION RELATED ACTIVITIES IN THE CITY OF BOYNTON BEACH, AND PROVIDING AN EFFECTIVE DATE WHEREAS , the City Commission, pursuant to Part III, “Land Development Regulations”, Chapter 20, “Buildings, Housing and Construction Regulations”, Article 1, “In General”, Section 3D and Section 4, has the authority to establish fees for Building Construction Related Activities pursuant to Resolution; and WHEREAS , the City Commission for the City of Boynton Beach finds that the adoption of this fee schedule is necessary and is in the best interest of the health, safety and welfare of the citizens or residents of Boynton Beach. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The above referenced whereas clauses are incorporated herein by reference. Section 2. The fees for Building and Construction Related Activities attached hereto as Exhibit “A”, incorporated herein by reference, are hereby adopted as the fee schedule for those related activities as indicated on the Fee Schedule. A copy of the Fee Schedule shall be maintained and made available for public inspection in the City Clerk’s office as well as the Planning and Zoning Department. Section 3. This Resolution shall become effective immediately upon its passage and adoption. - 24 - PASSED AND ADOPTED this _______ day of December, 2009. CITY OF BOYNTON BEACH, FLORIDA ____________________________________ Mayor – Jerry Taylor ____________________________________ Vice-Mayor – Woodrow L. Hay ____________________________________ Commissioner – Ronald Weiland ____________________________________ Commissioner – Jose Rodriguez ____________________________________ Commissioner – Marlene Ross ATTEST: ________________________________ Janet M. Prainito, CMC City Clerk (Corporate Seal) - 25 - - 26 - - 27 - City of Boynton Beach Building Division FEE SCHEDULE (Resolution #09- ,Adopted / /09) Permit Fees are based on 2.3% of the value of the proposed construction, or 1.84% of the value of the proposed construction when complete plan review and/or all required inspections are provided by a licensed private provider, in accordance with 553.791, F.S. Plans Filing Fees are calculated at 30% of the permit fee at the time of Permit Application for building related permits. This fee is non-refundable or transferable. (Additional Fees may be required, such as Capital Facility charges, County and City Impact Fees, etc.) $ Minimum Permit Fee (construction valued up to $2,000)…………………... 46 Reinspection Fee……………………………………………………………….. 35 Early Power Release (commercial projects only)……………………………. 150 Stocking Permit Fee…………………………………………………………….. 200 Temporary Certificate of Occupancy (TCO) Fee……………………………. 450 Temporary Certificate of Completion (TCC) Fee……………………………. 225 TCO or TCC Extension Fee (each extension) 200 FPL Meter Placement Fee……………………………………………………... 25 Building Board of Adjustments and Appeals…………………………………. 100 Garage Sale (maximum of two per year)…………………………………….. 5 Permit Extension Fee First Extension………………………………………………………………... 50 Second Extension……………………………………………………………. 75 Third or Greater Extension………….……………………………………….. 100 Permit Extension for Period Beyond 90 Days 250 Permit Application Extension Fee (maximum of three)……………………... First Extension……………………………………………………………… 50 Second Extension……………………………………………………………. 75 Third Extension……………………………………………………………….. 100 Plan Review Submittal – To be paid at time of resubmittal First Re-submittal…………………………………………………………….. 0 Each Additional Re-submittal @10% of original permit fee or $50 minimum………………………………………………... Residential Revision Fee (after plans are approved and permit issued – one and two-family dwellings)………………………….. 30 Each Plan Page…………………………………………………………………. 10 Or 2.3% of the revision value, whichever is greater Commercial Revision Fee (after plans are approved and permit issued – includes multi-family dwellings)………………………... 50 Each Plan Page…………………………………………………………………. 10 Or 2.3% of the revision value, whichever is greater Local Product Approval Fee 1,500 Early Construction Fee 500 - 28 - - 29 - 6. B CONSENT AGENDA December 1, 2009 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: December 1, 2009 OMMISSION EETING ATE A/P CM’R NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT A NB DMINISTRATIVEEW USINESS NO CA L ATURE F ONSENT GENDAEGAL CC&L AI ODE OMPLIANCE EGAL GENDA TEM S UB ETTLEMENTSNFINISHED USINESS PH FAI UBLIC EARINGUTURE GENDA TEMS O O PENINGSTHER RACC: PROPOSED RESOLUTION NO. R09- 179 -- Supporting EQUESTED CTION BY ITY OMMISSION Tri-Rail, providing for a suggested funding mechanism. ER: It has recently come to the attention of the City of Boynton Beach that Tri- XPLANATION OF EQUEST Rail, the commuter rail passenger service for the residents of Miami-Dade, Broward, and Palm Beach Counties, is in imminent danger of default. Such a default would severely disrupt transportation throughout the tri-county region and result in up to $26 billion in lost federal transit funding statewide. As a result, a member of the City Commission has suggested that the City of Boynton Beach join a number of other municipalities in Miami-Dade, Broward, and Palm Beach Counties in passing a resolution in support for Tri-Rail. H? Approval of this resolution will indicate support OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES from the City of Boynton Beach leadership for Tri-Rail, along with other municipalities in the tri-county area. FI: None ISCAL MPACT A: Not join with other government bodies in support of Tri-Rail. LTERNATIVES - 30 - RESOLUTION NO. 09- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, SUPPORTING TRI-RAIL; PROVIDING FOR A SUGGESTED FUNDING MECHANISM; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS , Tri-Rail provides passenger service for the residents of Miami-Dade, Broward and Palm Beach Counties, who account for 30% of the population of the State of Florida; and WHEREAS, the population in Miami-Dade, Broward and Palm Beach Counties has increased 10% in ten years, while Tri-Rail ridership has increased by 77%; and WHEREAS , Tri-Rail is recognized as the spine of the Miami-Dade, Broward and Palm Beach Counties transit system, providing passenger commuter service from the Mangonia Park Station (four miles north of West Palm Beach) to the Miami International Airport Intermodel Center – a distance of 72 miles; and WHEREAS , Tri-Rail connects to transit service to all three of Southeast Florida’s International Airports; and WHEREAS, Tri-Rail riders have connecting service, throughout Miami-Dade, Broward and Palm Beach Counties via the three counties bus systems and Metrorail to Miami; and WHEREAS , Tri-Rail provides passenger stations in the cities of West Palm Beach, Lake Worth, Boynton Beach, Delray Beach, Boca Raton, Deerfield Beach, Pompano Beach, Ft. Lauderdale, Hollywood, Opa-Locka and Hialeah; and WHEREAS , these cities’ future growths are dependent on transit oriented development around its Tri-Rail Station; and WHEREAS , two thousand businesses in Miami-Dade, Broward and Palm Beach Counties participate in the Tri-Rail Employee Discount Program; and WHEREAS , 75% of Tri-Rail riders are choice riders – i.e. they do not have to use Tri-Rail but choose to use Tri-Rail; and - 31 - WHEREAS, almost every Tri-Rail rider takes a motor vehicle off the road, thereby reducing traffic congestion, dependency on foreign oil and pollutants in the air; and WHEREAS, Tri-Rail’s success in reducing headways from 1 hour or more to 20 minutes in the busy morning and afternoon commuting hours has increased operating costs faster than passenger fares can offset; and WHEREAS, Tri-Rail implemented a 25% across-the-board rider fare increase to offset increased operating expenses related to double tracking and increasing weekday service from 30 trains to 50 trains; and WHEREAS, Mimi-Dade, Broward and Palm Beach Counties have been forced to reduce their voluntary extra subsidies to Tri-Rail on account of declining property tax revenues; and WHEREAS, Tri-Rail is in imminent danger of default; and WHEREAS, Tri-Rail’s default will severely disrupt transportation throughout Mimi-Dade, Broward and Palm Beach Counties; and WHEREAS , Tri-Rail’s failure will result in the elimination of transit access to more than 60,000 jobs, within ½ mile of Tri-Rail stations; and WHEREAS, Tri-Rail’s failure will result in up to $26 billion in lost federal transit funding statewide; and WHEREAS, Tri-Rail’s failure will result in the loss of more than $60 billion in local business sales statewide; and WHEREAS, the State of Florida will be held responsible for repaying a $256 million grant when Tri-Rail defaults. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The above referenced whereas clauses are incorporated herein by reference. Section 2. The City of Boynton Beach, Florida hereby calls upon the Honorable Governor Charlie Crist, Florida Senate President, Jeff Atwater, and Florida Speaker of the House, Larry Cretul to - 32 - call a special session of the Florida Legislature to enact funding mechanisms earmarked for support of Tri-Rail, including a $2.00 per day rental car surcharge, with the exception that such surcharge shall not apply to a person renting a car as a substitute vehicle while such person’s motor vehicle is down for maintenance or repair. Section 3. The City Clerk is hereby authorized and directed to provide a true copy of this Resolution to the Honorable Governor Charlie Crist, Florida Senate President, Jeff Atwater, and Florida Speaker of the House, Larry Cretul, the Florida League of Cities, the Palm Beach County League of Cities and each of the several cities, towns and villages of Miami-Dade, Broward and Palm Beach Counties. Section 4. This resolution shall be effective immediately upon its passage and adoption. - 33 - PASSED AND ADOPTED this ___ day of _____________, 2009. CITY OF BOYNTON BEACH, FLORIDA __________________________________ Mayor – Jerry Taylor __________________________________ Vice Mayor – Woodrow L. Hay __________________________________ Commissioner – Ronald Weiland __________________________________ Commissioner – Jose Rodriguez ATTEST: __________________________________ Commissioner –Marlene Ross ________________________ Janet M. Prainito, CMC City Clerk (Corporate Seal) - 34 - 6. C CONSENT AGENDA December 1, 2009 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: December 1, 2009 OMMISSION EETING ATE A/P CM’R NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT A NB DMINISTRATIVEEW USINESS NO CA L ATURE F ONSENT GENDAEGAL CC&L AI ODE OMPLIANCE EGAL GENDA TEM S UB ETTLEMENTSNFINISHED USINESS PH FAI UBLIC EARINGUTURE GENDA TEMS O O PENINGSTHER RACC: Approve applying for a Department of Housing and Urban EQUESTED CTION BY ITY OMMISSION Development (HUD) Consolidation Appropriation in the amount of $294,000 to renovate the 1913 Schoolhouse Children's Museum and Learning Center. PROPOSED RESOLUTION NO. R09-180 -- Approve amending the FY2009/2010 CIP to include the $294,000 expense and grant reimbursement. Upon award, the City will have five years to complete the renovations. ER: The City of Boynton Beach Fire Department submitted a XPLANATION OF EQUEST $1,200,000 Community Budget Issue Request in 2007 to develop an 8-acre training/educational facility on the Rolling Green site. In the spring of 2008, the Department of Housing and Urban Development sent a letter of invitation and application package to the City for a $294,000 Consolidation Appropriation under Economic Development Initiative-Special Project B-08-SP-FL-0052. Due to the economic forecast, the City was unable to fund the balance and was faced with returning the grant. Further conversations with the grant officer at Department of Housing and Urban Development led to the opportunity to retain the grant and make renovations to the 1913 Schoolhouse Children’s Museum and Learning Center. Renovations may include, but not limited to, replacing the current deteriorating windows with hurricane impact windows and frames, evaluating and making structural repairs, and any other electrical, plumbing and HVAC improvements necessary to support continued long term community services from this historic educational building. H? The addition of hurricane impact windows OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES is essential to secure the building of interior damage during a hurricane event. This will help ensure the continuation of museum and educational services to the community. - 35 - FI: No matching funds required, however the total project anticipates use of all the ISCAL MPACT grant monies yielding a full cost of $294,000. A: Not submit the application for the grant. LTERNATIVES - 36 - RESOLUTION NO. R09 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AMENDMENT TO THE CITY’S CAPITAL IMPROVEMENT PLAN FOR FISCAL YEAR 2009/10 TO INCLUDE A $294,000.00 EXPENSE AND GRANT REIMBURSEMENT TO RENOVATE THE 1913 SCHOOLHOUSE CHILDREN’S MUSEUM AND LEARNING CENTER; PROVIDING AN EFFECTIVE DATE. WHEREAS, in the spring of 2008, the Department of Housing and Urban Development sent a letter of invitation and application package to the City for a $294,000.oo Consolidation Appropriation under Economic Development Initiative-Special Project B-08-SP-FL-0052; and WHEREAS , due to the economic forecast, the City was unable to fund the balance and was faced with returning the grant; and WHEREAS , further conversations with the grant officer at the Department of Housing and Urban Development led to the opportunity to retain the grant previously allocated to another project and make renovations to the 1913 Schoolhouse Children’s Museum and Learning Center; and WHEREAS, the City Commission will need to approve an amendment to the FY 2009/2010 CIP to include the $294,000.00 expense and grant reimbursement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach hereby approves the amendment of the City’s Capital Improvement Plan (CIP) for fiscal year 2009/10 by budgeting and appropriating $294,000.00 expense and grant reimbursement to renovate the 1913 Schoolhouse Children’s Museum and Learning Center. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of December, 2009. - 37 - CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor _______________________________ Vice Mayor – Woodrow L. Hay _______________________________ Commissioner – Ronald Weiland ________________________________ Commissioner – Jose Rodriguez _______________________________ Commissioner – Marlene Ross ATTEST: _____________________________ Janet M. Prainito, CMC City Clerk (Corporate Seal) - 38 - - 39 - - 40 - - 41 - - 42 - - 43 - 6. D CONSENT AGENDA December 1, 2009 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: December 1, 2009 OMMISSION EETING ATE A/P CM’R NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT A NB DMINISTRATIVEEW USINESS NO CA L ATURE F ONSENT GENDAEGAL CC&L AI ODE OMPLIANCE EGAL GENDA TEM S UB ETTLEMENTSNFINISHED USINESS PH FAI UBLIC EARINGUTURE GENDA TEMS O O PENINGSTHER RACC: PROPOSED RESOLUTION NO. R09-181 -- Approve EQUESTED CTION BY ITY OMMISSION Interlocal Service Boundary Agreement initiating a long range annexation plan. ER: On June 2, 2009 the Commission unanimously approved the XPLANATION OF EQUEST initiation of an Interlocal Service Boundary Agreement with Palm Beach County to begin the process of drafting a long-range annexation plan. Adoption of this resolution is the first step in that process. H? There will be some staff time required by OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES city departments to provide and analyze data for the plan. FI: None at this time. ISCAL MPACT A: Postpone drafting of the plan, postpone future annexations and forego future LTERNATIVES increased revenues. - 44 - RESOLUTION NO. 09- A RESOLUTION ADOPTED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE CITY OF BOYNTON BEACH TO INITIATE THE NEGOTIATION PROCESS FOR AN INTERLOCAL SERVICE BOUNDARY AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PALM BEACH COUNTY, PURSUANT TO CHAPTER 171, PART II, FLORIDA STATUTES; PROVIDING THAT THIS RESOLUTION SHALL ACT AS THE REQUIRED INITIATING RESOLUTION UNDER CHAPTER 171.203, FLORIDA STATUTES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS , the City Commission of Boynton Beach deems it to be in the best interest of the City to negotiate an Interlocal Service Boundary Agreement with Palm Beach County for the area described in Exhibit “A” attached hereto and by this reference made a part hereof; and WHEREAS, the City of Boynton Beach desires to annex properties within the Palm Beach County Urban Services Area boundary; and WHEREAS , the area described in Exhibit “A” is within the future annexation area of the City of Boynton Beach as set forth in the Intergovernmental Coordination Element of the City’s Comprehensive Plan; and WHEREAS , Chapter 171, Part II, Florida Statutes, establishes a more flexible process of adjusting municipal boundaries through intergovernmental coordination in planning and service delivery; and WHEREAS, Chapter 171.203(1)(a), Florida Statutes, provides that other municipalities may be invited to also participate in the Interlocal Service Boundary Agreement negotiations and the City of Boynton Beach is aware that the Town of Lantana, the Village of Hypoluxo and the City of Delray Beach may desire to be included in the negotiations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The above referenced whereas clauses are incorporated herein by reference. Section 2. The City of Boynton Beach, Florida hereby agrees to negotiate in good faith with Palm Beach County, in accordance with Chapter 171.203, Florida Statutes, regarding a streamlined - 45 - annexation and land use amendment process for property currently in the unincorporated area of the County as outlined in Exhibit “A”, a copy of which is attached hereto and incorporated herein by reference; and further agrees to address during the negotiations the issues outlined in Section 2 and 3 herein; Section 3. The City of Boynton Beach agrees that negotiations regarding an Interlocal Service Boundary Agreement will address, at a minimum, issues concerning service delivery, fiscal responsibilities, and boundary adjustment as they concern the City’s and the County’s responsibilities for the funding and delivery of the following services: 1. Public safety. 2. Fire, emergency rescue, and medical. 3. Water and wastewater. 4. Road ownership, construction, and maintenance. 5. Conservation, parks, and recreation. 6. Stormwater management and drainage. Section 4 . Negotiations regarding an Interlocal Service Boundary Agreement will also address land use designations within the area outlined in Exhibit “A” and the City’s vision for this area. Section 5. The Town of Lantana, the Village of Hypoluxo, the Town of Ocean Ridge, the Town of Briny Breezes, Village of Golf and the City of Delray Beach are hereby invited to participate in the Interlocal Service Boundary Agreement negotiations. However, per Chapter 171.203(2), Florida Statutes, they must, within sixty (60) days of the effective date of this resolution, adopt a responding resolution in order to participate. Section 6. This resolution shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED this ___ day of _____________, 2009. CITY OF BOYNTON BEACH, FLORIDA __________________________________ Mayor – Jerry Taylor - 46 - __________________________________ Vice Mayor – Woodrow L. Hay __________________________________ Commissioner – Ronald Weiland __________________________________ Commissioner – Jose Rodriguez ATTEST: __________________________________ Commissioner –Marlene Ross ________________________ Janet M. Prainito, CMC City Clerk (Corporate Seal) - 47 - - 48 - 6. E CONSENT AGENDA December 1, 2009 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: December 1, 2009 OMMISSION EETING ATE A/P CM’R NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT A NB DMINISTRATIVEEW USINESS NO CA L ATURE F ONSENT GENDAEGAL CC&L AI ODE OMPLIANCE EGAL GENDA TEM S UB ETTLEMENTSNFINISHED USINESS PH FAI UBLIC EARINGUTURE GENDA TEMS O O PENINGSTHER RACC: Approve expenditure of $27,506.85 for annual renewal of EQUESTED CTION BY ITY OMMISSION Grants Network Master License and Service Agreement with eCivis. ER: The City of Boynton Beach Grants Team has been successfully XPLANATION OF EQUEST using eCivis’ grant management products to research and track grant opportunities and awards for the past eight years. In 2007, the City Commission approved entering into a Grants Network Master License and Service Agreement with eCivis, via Resolution No. R07-032. The agreement is automatically renewed for successive one year terms unless either party provides written notice to the other party prior to the end of the term indicating the party’s intent to terminate this agreement effective at the end of the current term. H? Renewal of the Grants Network Master OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES License and Service Agreement will enable the Grants Team members to continue to efficiently seek grant opportunities and manage grant awards. It provides citywide use and oversight by the Grants Coordinator and Finance Department. The agreement includes access to a database of local, state and federal grant opportunities, on-line/on-demand training at no additional cost, news and legislative updates on Recovery Act and other grant opportunities, and a project level document repository for the annual single audit. This allows the auditor on- line access to all grant related documents. This also enables the City to move towards a more paperless process. FI: The City of Boynton Beach receives substantial discounts due to our long ISCAL MPACT standing relationship in testing grant research and management products with eCivis. The renewal rate has not changed since FY2008/09. The total cost for Grant Network Research, Tracking & Reporting, KnowledgeBase and document service is $27,506.85. This expense is funded in the adopted FY2009/2010 General Fund budget and will be taken from the Grants Team account #001-2731-572-34-34. - 49 - A: Not renew the license and service agreement and lose the ability to effectively LTERNATIVES seek and manage grants citywide. - 50 - - 51 - - 52 - - 53 - - 54 - - 55 - - 56 - - 57 - - 58 - 6. F CONSENT AGENDA December 1, 2009 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: December 1, 2009 OMMISSION EETING ATE A/P CM’R NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT A NB DMINISTRATIVEEW USINESS NO CA L ATURE F ONSENT GENDAEGAL CC&L AI ODE OMPLIANCE EGAL GENDA TEM S UB ETTLEMENTSNFINISHED USINESS PH FAI UBLIC EARINGUTURE GENDA TEMS O O PENINGSTHER RACC: Approve submittal of a "Revolving Energy Fund for EQUESTED CTION BY ITY OMMISSION Municipal Facilities" project to the Department of Energy for the Energy Efficiency Conservation Strategy (EECS) and remaining award of the Energy Efficiency Conservation Block Grant (EECBG) ER: Camp Dresser & McKee, Inc (CDM) has completed their evaluation XPLANATION OF EQUEST of projects for submittal to the Department of Energy for the Energy Efficiency Conservation Block Grant. An energy retrofit for the Ezell Hester Community Center located at 1901 N. Seacrest Blvd. in Boynton Beach will be the first project undertaken with funding from the EECBG. The Ezell Hester Community Center was chosen as the first municipal facility for energy retrofit because the project is “shovel ready.” An energy audit had been previously completed by FPL and staff had already researched preliminary costs for ballfield lighting replacement and specified internal retrofits. Working with staff and in partnership with FPL, CDM will complete the final cost analysis and the project submittal application to the Department of Energy no later than January 4, 2009, in order to receive the additional remaining funding of $408,900. H? The project will entail replacement of the OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES outdoor lighting at the football, basketball, handball, tennis and baseball fields, and at the park area adjacent to the tennis courts. Also, partnering with FPL, we would be able to retrofit internal lighting, add window tinting, and reflective roofing. FPL will match up to $8,000 for the cost of the reflective roofing. MUSCO is a sole source vendor for energy efficient outdoor lighting of this kind. MUSCO lighting was used to replace the baseball field lights at Little League field. Energy cost saving for the outdoor lighting alone is expected to be 20%. By - 59 - establishing the Revolving Energy Fund, the energy savings would go into a special account where the funds could then be used to retrofit other city facilities over the course of time. Facilities staff will be working with FPL to conduct energy audits on other city facilities in order to prioritize those facilities based on energy savings and need. FI: Our total allotment from the Department of Energy for the EECBG will include ISCAL MPACT replacement of the outdoor lighting with MUSCO energy efficient lighting will cost $325,000 with an anticipated energy savings of 20%. $75,000 will go to internal administrative costs for reporting and accounting functions. $195,000 pays for our current contract with CDM and the balance of $63,000 will go to retrofits for the building. A: Not to approve the suggested project for submittal and run the risk of losing LTERNATIVES the grant funding. - 60 - 7. A CODE COMPLIANCE & LEGAL SETTLEMENTS December 1, 2009 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: December 1, 2009 OMMISSION EETING ATE A/P CM’R NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT A NB DMINISTRATIVEEW USINESS NO CA L ATURE F ONSENT GENDAEGAL CC&L AI ODE OMPLIANCE EGAL GENDA TEM S UB ETTLEMENTSNFINISHED USINESS PH FAI UBLIC EARINGUTURE GENDA TEMS O O PENINGSTHER RACC: Ratify or modify the decision of the Code Compliance EQUESTED CTION BY ITY OMMISSION Board to reduce the fine in Code Compliance Case 08-1695 (City of Boynton Beach vs. The Estate of Ann Woods Love). ER: As per City Ordinance the Code Compliance Board voted XPLANATION OF EQUEST unanimously to reduce the fine in the above referenced Code Compliance Case to an amount of $5,634.12. (Minutes enclosed as City’s Exhibit “A”) The original fine totaled $182,500.00 plus $632.12 in Administrative costs. The violation involved an in ground swimming pool in complete disrepair to the extent it had to be filled in. The applicant, Scott Yost & Yan Mei Shi purchased the property via Tax Sale on September 2, 2009 for a sum of $10,763.35. The applicants were aware of our lien and filled in the pool including placement of sod over the entire property within 30-45 days of the sale. Additional work was done to clear overgrown vegetation from the property. The applicants presentation to the Code Compliance Board included testimony with respect to the costs of bringing the property into compliance and the fact there were unpaid taxes ($15,011.86) and unpaid water bills ($309.96) that were redeemed in addition to the labor and costs associated with getting the property cleaned up. The applicant’s appeal to the City Commission resulted primarily from the fact they felt their presentation to the Code Compliance Board wasn’t sufficient although they had a more comprehensive presentation with them during the proceedings, but didn’t submit it to the Board. (presentation enclosed as City’s exhibit “B”) H? No impact on City programs or city OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES services. - 61 - FI: No adverse impact unless the reduction is less than the city’s administrative ISCAL MPACT costs of $634.12. Alternatives: Aside from confirming or modifying the order of the code compliance board there are no alternatives. - 62 - - 63 - - 64 - - 65 - - 66 - - 67 - - 68 - - 69 - - 70 - - 71 - - 72 - - 73 - - 74 - - 75 - - 76 - - 77 - - 78 - - 79 - - 80 - - 81 - 8. A PUBLIC HEARING December 1, 2009 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: December 1, 2009 OMMISSION EETING ATE A/P CM’R NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT A NB DMINISTRATIVEEW USINESS NO CA L ATURE F ONSENT GENDAEGAL CC&L AI ODE OMPLIANCE EGAL GENDA TEM S UB ETTLEMENTSNFINISHED USINESS PH FAI UBLIC EARINGUTURE GENDA TEMS O O PENINGSTHER RACC: PROPOSED RESOLUTION N0. R09-173 - SECOND EQUESTED CTION BY ITY OMMISSION READING - Designating a Portion of the Community Redevelopment Area a Brownfield. ER: The Designation of a brownfield area will provide economic XPLANATION OF EQUEST incentives to redevelop properties within the CRA. H? The designation of a Brownfield Area is OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES an economic development program that will provide incentives to property owners to redevelop properties that have or are perceived to have environmental contamination. The existence of brownfields within a community may contribute to, or may be a symptom of, overall community decline, including issues of human disease and illness, crime, educational and employment opportunities, and infrastructure decay. The environment is an important element of quality of life in any community, along with economic opportunity, educational achievement, access to health care, housing quality and availability, provision of governmental services, and other socioeconomic factors. Brownfield redevelopment, properly done, can be a significant element in community revitalization. The State and Federal government offers financial incentives to encourage the redevelopment of designated brownfield areas. Some of the incentives include:  Refund of Sales Tax on Building Materials  $2,500 state corporate tax credit per each new job created  Loan guaranties  Clean-up liability protection  Federal tax credit for clean-up costs - 82 - The CRA is working with several large developments that will create jobs and provide necessary services to the eastern communities. The incentives offered through a brownfield designation will help to make these projects financially feasible. However, the brownfield designation must be in place prior to the approval of the development in order for the developer to access the incentives. The attached map depicts the specific areas that will be designated as Brownfields. FI: The addition of this economic development incentive will lead to job creation ISCAL MPACT and the redevelopment of vacant or underutilized properties thereby increasing the City’s tax base. A: LTERNATIVES Do not adopt the resolution. - 83 - - 84 - - 85 - - 86 - - 87 - 8. B PUBLIC HEARING December 1, 2009 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: December 1, 2009 OMMISSION EETING ATE A/P CM’R NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT A NB DMINISTRATIVEEW USINESS NO CA L ATURE F ONSENT GENDAEGAL CC&L AI ODE OMPLIANCE EGAL GENDA TEM S UB ETTLEMENTSNFINISHED USINESS PH FAI UBLIC EARINGUTURE GENDA TEMS O O PENINGSTHER RACC: PROPOSED RESOLUTION NO. R09-176 -- Second EQUESTED CTION BY ITY OMMISSION Public Hearing. Approve Land Development Agreement between the City of Boynton Beach and Gulfstream Gardens, LLC that involves a revised City process for expediting site reviews and modifying surety requirements.. ER: The Land Development Agreement process is permitted in the XPLANATION OF EQUEST State of Florida, but approval of the Agreement must occur with mandatory public notice requirements and two public hearings, in accordance with 163.3225(2), F.S. This Agenda Memo is prepared for the second mandatory public hearing before the City Commission. At the Commission meeting of November 17, 2009, Michael Weiner, attorney for Gulfstream Gardens presented an overview of his revisions to the proposed Development Agreement. City staff has subsequently reviewed those recommendations; accepting some and revising others. The Agreement attached shows the City’s changes proposed as strike-through or underline provisions to Mr. Weiner’s last draft. This item remains a work in progress at time of the agenda deadline and an updated agreement may be presented at the Commission meeting. H? This Agreement simplifies and reduces OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES City-staff requirements for site permits by addressing all issues relative to the construction site and eliminating the need for multiple site component permits and reviews at a time of diminishing staff and resources. FI: To be determined. ISCAL MPACT A: Not approve Land Development Agreement, resulting in the continuation of LTERNATIVES staff time and resources for site construction inspections and permits. - 88 - - 89 - RESOLUTION NO. R09-176 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING A LAND DEVELOPMENT AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND GULFSTREAM GARDENS, LLC., THAT INVOLVES A REVISED CITY PROCESS FOR EXPEDITING SITE REVIEWS AND MODIFYING SURETY REQUIREMENTS; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE LAND DEVELOPMENT AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Land Development Agreement between the City and Gulfstream Gardens simplifies and reduces City-staff requirements for site permits by addressing all issues relative to the construction site and eliminating the need for multiple site component permits and reviews; and WHEREAS, upon recommendation of staff, the City Commission of the City of Boynton Beach Florida deems it to be in the best interest of the citizens of the City of Boynton Beach to approve and authorize execution of the Land Development Agreement between the City of Boynton Beach and Gulfstream Gardens, LLC.. 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 of the City of Boynton Beach, Florida, hereby approves and authorizes the Mayor and City Clerk to execute the Land Development Agreement between the City of Boynton Beach and Gulfstream Gardens, LLC., which simplifies and reduces City-staff requirements for site permits by addressing all issues relative to the construction site and eliminating the need for multiple site component permits and reviews, a copy of the Agreement is attached hereto as Exhibit “A”. Section 3. That this Resolution shall become effective immediately. PASSED AND ADOPTED this ______ day of December, 2009. - 90 - CITY OF BOYNTON BEACH, FLORIDA ________________________________ Mayor – Jerry Taylor ___________________________________ Vice Mayor – Woodrow L. Hay ___________________________________ Commissioner – Ronald Weiland ___________________________________ Commissioner – Jose Rodriguez ___________________________________ Commissioner – Marlene Ross ATTEST: ___________________________ Janet M. Prainito, CMC City Clerk (Corporate Seal) - 91 - CITY OF BOYNTON BEACH LAND DEVELOPMENT AGREEMENT THIS AGREEMENT, made this ______day of____________, 2009, by and between the CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA, a municipal corporation and a political subdivision of the State of Florida with an address of 100 East Boynton Beach Boulevard, Boynton Beach, Florida, 33435 (hereinafter referred to as “City”) and GULFSTREAM GARDENS, LLC., a Florida limited liability company with an address of 601 Bayshore Boulevard, Suite 650, Tampa, Florida 33606 (hereinafter referred to as “Developer”). W I T N E S S E T H: WHEREAS, this Agreement is the culmination of negotiations and mutual understandings held by the parties, and the parties wish to establish by agreement the terms under which certain Property as hereafter defined may be developed; and WHEREAS, the Developer holds the fee simple title in certain real property located in the City of Boynton Beach, (such property being referred to herein as “Property”) and such property is described ExhibitEXHIBIT “A” on attached hereto; and WHEREAS, the City has passed and approved a Development Order as of October 10, 2005, and modified on August 8, 2008, concerning the Property. Such order, extensions and modifications ExhibitEXHIBIT “B” being attached hereto and made part hereof as (the “Approval”); and WHEREAS, the Developer has received approval of a Final Plan of Land Development from the City, based upon a plan prepared by Shah Drotos & Associates dated May 27, 2008 (hereinafter referred to as the “Plan”)”). The Plan is incorporated by reference and shall be construed as a material part of this Agreement. For purposes of clarity, the parties have initialed each page of the Plan in the lower right corner of each page; and WHEREAS , the Developer contemplates constructing on the Property a development of thirty- two (32) buildings consisting of three hundred eight (308) rental units (the “Project”); and WHEREAS , with respect to such Approval, the parties desire to amend the terms of the Approval as is further set forth in this Agreement; and WHEREAS , with respect to such Approval, the parties desire to amend the terms of the Approval as is further set forth in this Agreement; and WHEREAS , the City is willing to permit Developer to commence said construction after development plan approval by the City’s Engineering Division of the Department of Public Works and upon the execution of and compliance with this Agreement as hereinafter set forth., and WHEREAS, this Agreement is a “Developer’s Agreement” as that term is defined in Florida Local Government Developer Agreement Act (Section 163.3220-163-3243, Florida Statutes) and City Ordinance. In the event of any conflict between the terms or conditions of this Agreement, the Act and the Ordinance, the terms or conditions of the Act shall control. NOW, THEREFORE , for and in consideration of the approval by the City of Developer’s request to commence construction, after development plan approval by the City’s Engineering Division of the Department of Public Works, of the improvements and upon compliance by the Developer with - 92 - the terms and conditions hereof, Developer, intending to be legally bound, covenants and agrees with the City as follows: (1) Developer shall construct or cause to be constructed, at its own expense and without any expense or cost whatsoever to the City, all improvements specified on the Plan. The City is not obligated by this Agreement to pay for any portion of the improvements specified in the Plan. The improvements shall be completed in conformity with the City’s requirements and specifications in a satisfactory manner, except wherefor those different requirements and specifications apply as a result of this EXHIBIT “C”. Agreement.listed on (2) The recitals are true and correct and are hereby incorporated into and made part of this Agreement. All attachments, exhibits and appendices attached hereto shall be deemed hereby adopted and incorporated herein, provided any conflict between the attachments and this Agreement shall be deemed to control. (3) The “Effective Date” of this Agreement shall be the next business day after the competition of the final Adoption HearingDecember 2, 2009. (4) City hereby agrees, subject to all applicable laws, rules, and regulations to issue all necessary permits to allow Developer to construct the improvements specified above on the Plan. City’s agreement to issue said permit(s) is conditioned upon the following: (a) The execution of this Agreement by the Developer and the City; (b) If applicable to the Project, the recording of the final plat of the Project with the office of the Palm Beach County Clerk’s office; (c) The permit application fees that were previously paid by the Developer on January 9, 2006 in the amount of One Hundred Eighty-Two Thousand Seven Hundred and No/100 Dollars ($182,700.00) shall be applied to the revised building permit applicationsapplication fees; (d) The payment by the Developer of all fees and charges described on the Plan, required by this Agreement, or required by the City’s ordinances, regulations and resolutions, unless (i) specifically modified by this Agreement, and (ii) provided further, however, any remaining permit application fees which may be owed, if any, shall be calculated based upon rates in effect as of January 9, 2006October 10, 2005; (e) Acquisition by the Developer, beyond appeal, of all permits, licenses, consents and easements required to be obtained from any agency, department, branch, authority, or other subdivision of any government or governmental agency having jurisdiction over any aspect of the improvements or required to be obtained from any private individual organization, including any public entity (hereinafter referred to as “the Permits”). To the extent that any Permit is required to be issued in the City’s name, the Developer shall prepare, file and prosecute the application for it, including all appeals pertaining to it, at the Developer’s expense. The City agrees that it will execute applications and other documents necessary to obtain said Permits from time to time as required by the circumstances; (f) Notification by the Developer to the City and the City’s engineerCity Engineer of the Developer’s intention to begin the construction on a date which is at least five (5) days after the date the City actually receives the notice; - 93 - (g) Delivery to the City by the Developer of the insurance documents required pursuant to this Agreement; (h) The Developer has delivered recordable easements in favor of the City as shown on the Plan, if any, together with recordable deeds of dedication for streets, open space and other areas to be dedicated to the City, if any, all of which easements and deeds shall be satisfactory to the City in form and substance; (i) Compliance by the Developer with all terms of this Agreement; and (j) All stipulations and undertakings appearing in representations by the minutes of theDeveloper, its attorney(s) and agents during City Commission or City Board meetings are incorporated by reference herein, as well as all agreements, regulations, rules, and orders of the City of Boynton Beach. (5) Construction of all roads, sidewalks, curbs, drainage systems, storm drains, sea walls, rights of way, easements, open space, park and recreation sites and other improvements and installations as set forth on the Plan shall take place and be completed in an expeditious manner as quickly as may be possible but consistent with proper and efficient methods of construction, but in no event, later than September 2, 2014. The construction shall include but not be limited to all off-site improvements and drainage systems. Furthermore, as quickly as possible, but consistent with proper and efficient methods of construction, Developer shall construct all improvements specified on the Plan including, but not limited to, all paving and installation of all surfaces, grading, curbing, drainage facilities and incidental drainage facilities, erosion controls, fencing, landscaping and lighting, and traffic controls related to Developer’s use of the property. (6) Except as otherwise set forth in this Agreement (which limits certain standards applicable to construction, among other things,) Developer shall, if applicable, erect all structures and fixtures on the site and perform all other work to the reasonable satisfaction of the City Engineer and in accordance with the plans filed with the City, all City ordinances and resolutions and the rules and regulations of the Florida Department of Environmental Protection (hereinafter referred to as “DEP”), and any other federal, state, county, or municipal regulatory agency. Developer shall procure and comply with all applicable permits issued by the State of Florida Department of Transportation for the work within the Federal Highway right-of-way. (7) Prior to work beginning on the Project, a pre-construction meeting will be scheduled by the City with representatives of the Developer, including its contractor(s). The pre-construction meeting will be scheduled as soon as possible after this Agreement is executed. It shall occur before any site work is initiated or a building permit issued. (8) The parties agree, acknowledge and understand that the Project is not a subdivision. Anything to the contrary notwithstanding, the Project shall have a private water and sewer system, privately owned and maintained (the “Private Water and Sewer System”). Furthermore, the Developer shall be completing drainage and paving for the Project in a manner as described in this Agreement (the “Drainage and Paving Improvements”). The Private Water and Sewer System and the Drainage and Paving Improvements shall be designed to standards that are in accordance with FDEP, AWWA, and FPA and the number 10 State Standard (the “Private Public Standards”). In the event of any conflict between the requirements of the ordinances of the City of Boynton Beach Florida, or its City Engineer and the Private Standards, the Private Standards shall control. In the event of any conflict regarding interpretation, application, or compliance with the Public Standards between the City Engineer and the Developer, that conflict shall be resolved using the Earlier Neutral - 94 - Evaluation process of the American Arbitration Association (AAA), provided the Parties shall be bound by the recommendations contained in the evaluation. The Parties agree to a process timetable not to exceed 14 business days commencing with either parties demand for submission to AAA. There shall be no more than two (2) master meters for the water system serving the Project. Since the Developer has elected to install and maintain a Private Water and Sewer System, the Backflow Prevention Devices shall be in accordance with City established standards as amended from time to time. The Backflow Prevention Devices may be inspected annually by the City. In the event the Backflow Prevention Devices are not in conformance with City standards the Developer or its successors or assigns shall be required to replace the Backflow Prevention Devices with devices that conform to the City standards. Replacement shall be made within fourteen (14) business days following written demand by the City. All costs associated with the replacement of Backflow Prevention Devices shall be borne by the Developer, or its successors or assigns. The Developer may not transfer nor shall the City accept transfer of the Private Water and Sewer System for a period of twenty-five (25) years following completion and certification of the System. Future transfer of the System shall be conditioned on conformance of the System to City standards in effect at the time of transfer. (9) Except as otherwise set forth herein as to the Private Water and Sewer System, all other systems and/or equipment required to be installed by the DEP, or any other regulatory agency, and/or other safety equipment reasonably required to be installed by the County, City, the City Engineer, Building Official or Fire Marshal shall be installed and maintained to the reasonable satisfaction of the City representatives. Section 8 (10) Without limiting the generality of as to the Private Water and Sewer System, the water system shall be revised to include the following revisions: (a) Revise the DIP water main to C-900 PVC DR-18 material; and (b) Revise the water/sprinkler services to eliminate some gate valves and replace the 2” copper pipe with poly pipe. (11) The Developer shall arrange, in advance, with the City Engineer for inspection of the work as the work progresses. The City Engineer shall inspect or shall require the engineer of record for the Project to inspect the premises promptly after the Developer requests same. Developer agrees that such inspection shall include inspection of those portions of the site improvements, if any, which were approved by DEP. The City Engineer is authorized to issue stop work orders or to require removal of any work which is not completed in accordance with the ordinances, resolutions and/or specifications of the City, the Plan, and the materials submitted to and approved by DEP or, any other regulatory agency, or any portion of the improvements that were not installed in a good and workmanlike manner. Conflicts regarding opinions of the City Engineer shall be resolved using the Earlier Neutral Evaluation process of the American Arbitration Association (AAA), provided the Parties shall be bound by the recommendations contained in the evaluation. The Parties agree to a process timetable not to exceed 14 business days commencing with either parties demand for submission to AAA. (12) Developer agrees to, at all times, hold the City harmless from any claims or suits which any adjoining or nearby property owners or any person whatsoever may bring against the City or against the City officials and employees and against the Developer, and any of its officials and employees, or subcontractors, for any conditions occurring on adjoining or nearby property, caused or alleged to be caused by conditions arising from the Project or in any way caused by Developer or its agents. Such indemnification shall include, but shall not be limited to, attorneys’ fees, paralegal expenses, - 95 - engineering and expert witness fees at both the trial and appellate levels, and any judgment rendered against the City, its officials or employees, in favor of adjoining or nearby property owners and resulting from alleged conditions arising out of Developer’s construction activities or any other aspect of the Project. Nothing herein shall constitute a waiver of the City’s right to sovereign immunity. (13) Developer shall provide to the City evidence of general public liability insurance in an amount of not less than One Million and No/100 Dollars ($1,000,000.00) naming the City as an additional insured. A certificate of such insurance evidencing such insurance, and naming the City as an additional insured, shall be delivered to the City at the time of the execution of this Agreement. If Developer is self-insured, in lieu of exhibiting general public liability insurance, the Developer and City will execute an indemnification agreement acceptable to the City Attorney which provides that the Developer will indemnify and hold harmless the City against all loss, cost, damage and expense from any claims occurring and/or caused by the Developer and/or any aspect of the Project, including but not limited to those specific items and expenses set forth in this Agreement. (14) The entire work on the improvements shall be completed by the Developer no later than five (5) years from the date of this Agreement.on or before December 1, 2014. Failure to complete the entire work in a timely manner shall result in delay damages payable by the Developer to the City of $1,000.00 per day. (15) In the event that the Developer violates any provision of this Agreement, the City, through its authorized representatives, reserves the right to issue a “cease and desist” order, and Developer hereby agrees to comply there with until such time as any deficiency or violations have been corrected to the satisfaction of the City. (16) The Project is not a subdivision; therefore, the City will only require surety for the driveway connections and sidewalk improvements on Dixie Highway, which is estimated to be no more than Fifteen Thousand and No/100 Dollars ($15,000.00). The City will, however, require the Developer to complete certain phases of site construction before occupancy of units. The City agrees to work expeditiously with the Developer to prepare a phased plan of necessary and required site improvements that would allow safe occupancy and access of certain units. Said phasing plan of site work will be paid for and created by the Developer with input and ultimate approval by City staff. (17) Upon the execution of this Agreement, the City shall issue a release letter to M & I Bank directing M & I Bank to return to the Developer the Letter of Credit, LOC No. SB8767, for Dixie Highway, in the amount of Four Hundred Forty Thousand Eighty-Nine and 65/100 Dollars ($440,089.65). (18) The Developer agrees that the City Engineer, Building Official, and the Fire Marshal or their designees may inspect the Project at any time both before and after the issuance of a Certificate of Occupancy. The right of inspection shall continue during the entire period of time that the Developer and/or its successors and/or assigns are operating a business or own property in the City. The time, place, and scope of such inspections shall be at the full discretion of the City Engineer, Chief Building Official, or the Fire Marshall as the case may be, but subject to the terms and conditions of this Agreement which are paramount. (19) The Developer shall comply with the provision of this Agreement, the provisions of all applicable ordinances and resolutions of the City, including but not limited to, the Zoning Ordinance the Land Development Ordinance, Engineering Specifications, the Florida Building Code, the requirements of the Florida Department of Transportation, the requirements of the DEP, all federal and state statutes and/or regulations, and the Plan. However, the generality of the foregoing statement is limited by the - 96 - terms and conditions of this Agreement which are paramount. Such terms and conditions include, but are not limited to, the Private Standards which shall control the Water and Sewer System and the Section 8 Drainage and Paving Improvements as set forth in . (20) The Developer will be responsible for the discarding of waste materials in accordance with City code, such as building materials, papers, cartons and the like (whether discarded by it or others employed by it or by others engaged in the delivery of the aforesaid materials and/or construction of the Project) and agrees to prevent the same from being buried on the site or deposited, either by being thrown or blown upon any land adjacent to, or within, the vicinity of the Project. Developer shall be responsible for the removal of trash and waste material from the site as frequently as necessary to maintain the Project in a neat and tidy fashion. Developer is prohibited from conducting on-site burning of land clearing materials or other wastes. (21) The Developer agrees that it will not erect, or permit to be erected on its behalf any signs within the City of Boynton Beach which do not comply with the City’s Zoning Ordinance or applicable approvals and/or variances granted to Developer. (22) Subject to the terms and conditions of this Agreement which are paramount, the Developer shall comply, in all respects, with the rules, regulations and requirements of all governmental bodies and/or agencies having jurisdiction with respect to this Plan and shall assume all costs, expenses and responsibilities in connection therewith, without any liability whatsoever on the part of the City. (23) All facilities, structures and improvements shall be designed to ensure access for the disabled in accordance with the Americans with Disabilities Act, in addition to any other applicable relevant federal, state and local laws, rules and regulations. (24) If applicable, the Developer shall secure all necessary permits from the United States Army Corps of Engineers, the DEP, the South Florida Water Management District, Florida Department of Transportation and any other regulatory agency with respect to any construction or impact to wetlands as a result of the Project. (25) The Developer shall install at its own expense street lights and traffic control signs and street identification signs as required by the Plan. (26) The City’s progress reviews, tests and inspections under the terms of this Agreement are for the exclusive benefit of the City. They do not confer rights on any other person or organization, and no person or organization may rely upon them for any purpose. By allowing the construction of the Project or accepting dedication of the improvements, the City does not represent or warrant to the Developer or to any third party that the Project or the improvements have been constructed as required by this Agreement or that they are suitable for their intended purposes. (27) This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Developer is an independent contractor under this Agreement and not the City’s employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance law. The Developer shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Developer activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of Developer, which policies of Developer shall not conflict with City, State, or United States policies, rules or regulations relating to the use of any - 97 - funds provided for herein. The Developer agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. (28) This Agreement shall be binding on the City and without limitation of the foregoing, but by way of example, binding upon the Chief Building InspectorOfficial, and City Engineer. , provided, nothing herein shall limit the independent authority of the Building Official as provided in the Florida Building Code or local amendments thereto. This Agreement shall be binding on Developer and its successors and assigns, including successor or assignee. Developer, at its sole discretion, may assign, in whole or in part, this Agreement or any of its rights and obligations hereunder, or may extend the benefits of this Agreement without the prior written consent or any other approval of the City, provided the assignee has obtained independently of such assignment, a real property interest in the Project. (29) By execution of this Agreement, the Developer, for itself; its successors and assigns agrees with the City and its successors and assigns that the obligations undertaken herein by the Developer shall be covenants running with the land and any deed of conveyance of the Project or any part thereto shall be under and subject to the terms and conditions of this Agreement. (30) This Agreement contains the entire agreement between the City and the Developer, and any changes or modifications to this Agreement shall be effective only if the same are in writing and executed by both the City and the Developer. Any changes or modifications to this Agreement shall be made in accordance with the laws of the State of Florida and the pertinent ordinances of the City of Boynton Beach; provided however, that the Approvals and Plan may be changed from time to time in accordance with those ordinances (and notice provisions contained therein) of the City of Boynton Beach, Florida pertaining to site plans and site plan modifications. Changes and modifications to the Approvals and Plan shall not require a change or modification of the Agreement. (31) In the event that either party brings suit for enforcement of this Agreement, the prevailing party shall be entitled to an award of all reasonable attorneys’ fees, paralegal expenses, at both the trial and appellate levels, interest, and Court costs incurred by such prevailing party against the losing party. (32) The Parties agree to cooperate with each other to the full extent practicable pursuant to the terms and conditions of this Agreement. The City shall use its best efforts to expedite, to the extent reasonably practical, the permitting and approval process in an effort to assist Gulfstream in completing its Project. (33) The Parties agree that in connection with the completion of the Project, the City shall waive and not collect any: (i) capacity reservation fees; and (ii) art fees, regardless of manner or method of calculation. Nothing herein shall infer that any art fees were owed; but in the abundance of caution, a Section 34 specific disclaimer is set forth. Since pursuant to , the Project shall be inspected by a private inspection service, the City also agrees to waive and not collect any inspection fees of any kind or nature(33) The Project is exempt from: (i) capacity reservation fees as set forth in Section 26-34 (E) of the Code of Ordinances; and (ii) Art in Public Places Program fees (Article XII of Chapter 2, City Code of Ordinances). (34) The City shall allow inspections and certifications with respect to the completion of the improvements for the Project by the Engineer of record as employed by the Developer. No additional inspections or certifications by the Building, Engineering or Utility Departments of the City shall be required, nor shall any such fees with respect to inspection be required. Specifications for the Private Water and Sewer System and Drainage and Paving Improvements shall allow for - 98 - deviations from the City of Boynton Beach engineering and utility standards; provided however that the engineer of record employed by the Developer deems such deviations acceptable; and further provided that in the event of such deviations, the Private Water and Sewer System and Drainage and Paving Improvements are still in compliance with the Florida Department of Environmental Protection standards “NFPA” standards.Subject to the provisions of paragraph (4) (c) and (d) herein, all building permit application and inspection fees shall be in accord with the Fee Schedule adopted by Resolution No. 09-_____, December 1, 2009. (34) The Developer will be responsible for contracting for professional services for the purpose of performing all site inspections including, but not limited to, civil site work, building construction and utility construction. Those performing such services shall certify to the City that construction conforms to the approved plans and all applicable and recognized codes and standards for the work being performed. Private provider inspection services for building construction shall comply with Florida Statute 553.791. Nothing herein shall prevent the City from performing its own site inspections to ensure compliance with referenced codes and standards. Certificates of Occupancy shall be dependent upon final acceptance of pertinent certifications by the City. (35) The parties acknowledge, understand and agree to the fee calculations reductions and Section 4 waivers set forth herein, including but not limited to . In that regard, the parties understand, acknowledge and agree that the Parks and Recreation fee was incorrectly calculated on the basis of Nine Hundred Twenty-Four and No/100 Dollars ($924.00) per unit and should be calculated based upon Seven Hundred Seventy-One and No/100 Dollars ($771.00) per unit. Anything in the Conditions of Approval for the Project to the contrary notwithstanding, the collection of any Parks and Recreation fee shall be calculated and collected in accordance with this Agreement. IN WITNESS WHEREOF , and intending to bind their successors, assigns, personal representatives and heirs, the City has caused this Agreement to be executed in its name and on its behalf by the Mayor, and the Developer has caused this Agreement to be executed by its corporate officers, all as of the day and year first above written. ATTEST: CITY OF BOYNTON BEACHa Florida , municipal corporation __________________________________ By: Janet Prainito, City Clerk ___________________________________ Jerry Taylor, Mayor Approved as to Form: (SEAL) __________________________________ Office of the City Attorney - 99 - [ACKNOWLEDGMENT(S) ON FOLLOWING PAGE] STATE OF ________________ ) ) ss COUNTY OF ______________ ) BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared _________________________ as ____________________ of ________________________________, who is personally known to me or who has produced _____________________________ as identification, and acknowledged executing the foregoing Agreement as the proper official of ________________________________ for the use and purposes mentioned therein and that the instrument is the act and deed of _____________________. IN WITNESS OF THE FOREGOING , I have set my hand and official seal at in the State and County aforesaid on this __________ day of _____________________, 2009. ____________________________________ Notary Public, State of Florida - 100 - 9. A CITY MANAGER’S REPORT December 1, 2009 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: December 1, 2009 OMMISSION EETING ATE A/P CM’R NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT A NB DMINISTRATIVEEW USINESS NO CA L ATURE F ONSENT GENDAEGAL CC&L AI ODE OMPLIANCE EGAL GENDA TEM S UB ETTLEMENTSNFINISHED USINESS PH FAI UBLIC EARINGUTURE GENDA TEMS O O PENINGSTHER RACC: PROPOSED RESOLUTION NO. R09- _____ -- Approve EQUESTED CTION BY ITY OMMISSION a piggyback of the City of Palm Bay contract (contract # 39-0-2007/SB) extended through 7-31-10 with Aquifer Maintenance and Performance Systems, Inc. (AMPS, Inc.) with the same terms, conditions, specifications and pricing. This contract will be utilized for well rehabilitation services at an estimated annual expenditure of $350,000. ER: The City of Boynton Beach has 29 production wells and 2 Aquifer XPLANATION OF EQUEST Storage and Recovery (ASR) wells. Production wells are used to recover raw water from underground whereas ASR wells are used to inject treated water underground during the rainy season and then reclaim that water during the dry season or as needed. Well yield is affected by the age and physical condition of the wells as well as the underground environment. To increase well yield the wells may be rehabbed, a process that involves a combination of two or more of the following: (i) removal and reinstallation of the pump, motor and well head (ii) air lifting sand and other sediments from the well (iii) chemical cleaning of the well by adding acid to kill bio-mass and other organisms that may clog screens or porous rock structures underground (iv) rebuilding or replacing of pumps and motors, if needed Further, ongoing maintenance of the wells aids in achieving good well yields. This maintenance may include rebuilding or replacing relief and check valves, line cleaning or relining of pipe and calibration, repair or replacement of flow meters. On average, about 10 wells are rehabbed each year and the same will hold true for the coming year. The current agreement between the City of Palm Bay and AMPS was extended for the current fiscal year (’09-’10) on April 28, 2009. The City of Boynton Beach has utilized the piggyback of this bid in the past and AMPS has performed its services satisfactorily. The City of Palm Bay complied with Public Contract Bid requirements equal to or exceeding Boynton Beach's requirements. - 101 - H? Well yield decreases with increasing age OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES of the well and deteriorating physical conditions of the well and underground structures. A decrease in raw water supply in turn leads to less water being available for home and industrial use. The Utilities department began utilizing the City of Palm Bay’s contract with AMPS, Inc. in January 2004 which resulted in successful rehabilitation of wells throughout the City of Boynton Beach at a significantly reduced cost. Thus, good production has continued at efficient pumpage rates for home and industrial consumers. FI: CIP Renewal and Replacement Account number: 403-5000-590-96-02, ISCAL MPACT (WTR075), 401-2811-536-46-50. Prior to 2004, fiscal year expenditure for well rehabilitation was approximately $500,000. Utilizing AMPS, historical fiscal year expenditure has since been: FY 05/06 - $265,000, FY 06/07 - $117,115, FY 07/08 - $188,834, FY 08/09 - $262,822. Cost increases in FY 08/09 and expected increases in FY 09/10 are related to the successful completion and commissioning of the new well 12E and the wellfield flow meter replacement project. There is no price increase for AMPS services from the previous contract. A: The City of Boynton Beach has attempted to retrieve quotes for similar services LTERNATIVES from other providers (most notably Advanced Drilling and East Coast Drilling) to no avail at this time. In addition, most neighboring cities have contracted with AMPS for their well rehab/maintenance services since other companies do not provide the same array of services. Alternatively, the City of Boynton Beach could issue its own bid or look for other contracts to utilize. However, this may lead to well rehabilitation and replacement at a significantly higher cost. - 102 - RESOLUTION NO. R09- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE “PIGGY-BACK” OF A CITY OF PALM BAY CONTRACT#39- 0-2007/SB WITH AQUIFER MAINTENANCE AND PERFORMANCE SYSTEMS, INC., OF WEST PALM BEACH, FLORIDA, FOR WELL REHABILITATION SERVICES ON AN AS-NEEDED BASIS; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, City staff has confirmed that the City of Palm Bay has complied with Public Contract Bid requirements which equal or exceed the City of Boynton Beach’s requirements; and WHEREAS, upon recommendation of staff, it is the City’s desire to “piggy-back” a City of Palm Bay Contract #39-0-2007/SB and authorizes the Mayor and City Clerk to sign a Contract with Aquifer Maintenance and Performance Systems, Inc., of West Palm Beach, Florida for well rehabilitation on an as-needed basis. 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 of the City of Boynton Beach, Florida, hereby approves the “piggy-back” of a City of Palm Bay Contract #39-0-2007/SB and authorizes the Mayor and City Clerk to sign a Contract with Aquifer Maintenance and Performance Systems, Inc., for well rehabilitation on an as-needed basis, a copy of the Agreement is attached hereto as Exhibit “A”. Section 3. That this Resolution shall become effective immediately. PASSED AND ADOPTED this ______ day of December, 2009. CITY OF BOYNTON BEACH, FLORIDA ________________________________ Mayor – Jerry Taylor - 103 - ___________________________________ Vice Mayor – Woodrow L. Hay ___________________________________ Commissioner – Ronald Weiland ___________________________________ Commissioner – Jose Rodriguez ___________________________________ Commissioner – Marlene Ross ATTEST: ___________________________ Janet M. Prainito, CMC City Clerk (Corporate Seal) - 104 - CONTRACT FOR WELL REHABILITATION SERVICES This Agreement is made as of this ____ day of __________, 2009 by and between AQUIFER MAINTENANCE AND PERFORMANCE SYSTEMS, INC., a Florida Corporation, with offices at 7146 Haverhill Road, West Palm Beach, Florida 33407 (“AMPS”), and THE CITY OF BOYNTON BEACH, a Florida municipal corporation, with an address at 100 East Boynton Beach Boulevard, Boynton Beach, FL 33435 (the “City”). RECITALS WHEREAS, The City of Boynton Beach has 29 production wells and 2 Aquifer Storage and Recovery wells; and WHEREAS, ongoing maintenance of the wells aids in achieving good well yields. Maintenance may include rebuilding or replacing relief and check valves, line cleaning or relining of pipe and calibration, repair or replacement of flow meters; and WHEREAS , AMPS, submitted a proposal dated August 13, 2009 to the City to provide well rehabilitation services on an “as needed basis” for an estimated annual expenditure of $600,000.00 at prices based on City of Palm Bay contract #39-0-2007/SB; and NOW THEREFORE , in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT Section 1. The foregoing recitals are true and correct and are hereby incorporated in this Agreement. Section 2. The City and AMPS, agree that AMPS shall provide well rehabilitation services on an “as needed basis” for an estimated annual expenditure of $600,000.00 at prices based on City of Palm Bay contract #39-0-2007/SB, a copy of which is attached hereto as Exhibit “A”, except as hereinafter provided: A. All references to the City of Palm Bay shall be deemed as references to the City of Boynton Beach. B. All Notices to the City shall be sent to: City: Kurt Bressner, City Manager City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 Telephone: (561) 742-6010 / Facsimile: (561) 742-6090 Copy : James A. Cherof, City Attorney Goren, Cherof, Doody & Ezrol, PA. 3099 East Commercial Boulevard, Suite 200 - 105 - Fort Lauderdale, FL 33308 Telephone: (954) 771-4500 Facsimile: (954) 771-4923 C. The proposal from AMPS dated August 13, 2009, is attached hereto Exhibit “B”. Section 3. In the event that the City of Palm Bay Contract is amended, or terminated, AMPS shall notify the City within ten (10) days. In the event the City of Palm Bay Contract is amended or terminated prior to its expiration, this Contract shall remain in full force and effect, and not be deemed amended or terminated, until specifically amended or terminated by the parties hereto. Section 4. The AMPS agrees that in the event it enters into a Contract for the same (or substantially similar) scope of services with another local government in Florida which contains a term or condition, including fees, charges or costs, which the City determines to be more favorable than the terms in this Contract, the parties shall enter into an Addendum to provide those terms to the City. Section 5. The insurance required shall require that the Certificate of Insurance name the City of Boynton Beach as an additional insured. Section 6. In all other aspects, the terms and conditions of the City of Palm Bay Contract are hereby ratified and shall remain in full force and effect under this Contract, as provided by their terms. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY OF BOYNTON BEACH,FLORIDA ATTEST: By:_________________________________ ___________________________________ Mayor City Clerk APPROVED AS TO FORM: ___________________________________ James A. Cherof, City Attorney AMPS PETROLEUM EQUIPMENT INSTALLATIONS, INC. WITNESSES: ____________________________________ BY:_________________________________ Print Name: ____________________________________ Title: _________________________ ATTEST: - 106 - ____________________________________ SECRETARY - 107 - EXHIBIT A AGREEMENT BETWEEN CITY OF PALM BAY AND AQUIFER MAINTENANCE AND PERFORMANCE SYSTEMS, INC. - 108 - - 109 - - 110 - - 111 - - 112 - - 113 - - 114 - - 115 - - 116 - - 117 - - 118 - - 119 - - 120 - - 121 - - 122 - - 123 - - 124 - 12. A LEGAL December 1, 2009 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: December 1, 2009 OMMISSION EETING ATE A/P CM’R NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT A NB DMINISTRATIVEEW USINESS NO CA L ATURE F ONSENT GENDAEGAL CC&L AI ODE OMPLIANCE EGAL GENDA TEM S UB ETTLEMENTSNFINISHED USINESS PH FAI UBLIC EARINGUTURE GENDA TEMS O O PENINGSTHER RACC: PROPOSED ORDINANCE No. 09-009 -- SECOND EQUESTED CTION BY ITY OMMISSION READING -- New Urban High Ridge, (LUAR 09-001), Land Use Plan Amendment /Rezoning, located at Northwest corner of High Ridge Road and Miner Road. Request to amend the Comprehensive Plan Future Land Use Map classification on +13.66 acres of land from "Medium Density Residential" to "Industrial". Applicant: New Urban High Ridge LLC. (Tabled on August 4, 2009) ER: Second Reading was tabled at the request of the applicant on XPLANATION OF EQUEST August 4, 2009. Please note that subsequent to First Reading and review by the Department of Community Affairs (DCA), +4.78 acres were extracted from the site for separate use for a charter school. The size of the subject property has been reduced from +18.44 acres to +13.66 acres. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: Not approve subject request. LTERNATIVES - 125 - ORDINANCE NO. 09- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN FOR A PARCEL OWNED BY NEW URBAN HIGH RIDGE, LLC., AND LOCATED ON THE NORTHWEST CORNER OF HIGH RIDGE ROAD AND MINER ROAD; CHANGING THE LAND USE DESIGNATION FROM MEDIUM DENSITY RESIDENTIAL (MEDR, 9.68 DU/AC) TO INDUSTRIAL; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE . WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element pursuant to Ordinance No. 89-38 and in accordance with the Local Government Comprehensive Planning Act; and WHEREAS, the procedure for amendment of a Future Land Use Element of a Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and WHEREAS, after two (2) public hearings the City Commission acting in its dual capacity as Local Planning Agency and City Commission finds that the amendment hereinafter set forth is consistent with the City’s adopted Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend the aforesaid Element of the Comprehensive Plan as provided. 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: Ordinance No. 89-38 of the City is hereby amended to reflect the following: That the Future Land Use of the following described land located on the Northwest corner of High Ridge Road and Miner Road changing the land use designation from Medium Density Residential (MeDR, 9.68 du/ac) to Industrial: - 126 - See legal description attached hereto as Exhibit “A” CONTAINING APPROX.13.66 ACRES OF LAND. Subject to easements, restrictions, reservations, covenants and rights-of-way of record. Section 3: That any maps adopted in accordance with the Future Land Use Element of the Future Land Use Plan 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: The effective date of this plan amendment shall be the date a final order is issued by the Department of Community Affairs finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration Commission finding the amendment to be in compliance in accordance with Section 163.3184, F.S. FIRST READING this _____ day of _______________, 2009. - 127 - SECOND, FINAL READING and PASSAGE this _____ day of ___________, 2009. CITY OF BOYNTON BEACH, FLORIDA ____________________________ Mayor – Jerry Taylor ____________________________ Vice Mayor – Woodrow L. Hay _____________________________ Commissioner – Ronald Weiland ______________________________ Commissioner – Jose Rodriguez ______________________________ Commissioner – Marlene Ross ATTEST: _______________________ Janet M. Prainito, CMC City Clerk (Corporate Seal) - 128 - - 129 - - 130 - - 131 - - 132 - - 133 - - 134 - - 135 - - 136 - - 137 - - 138 - - 139 - 12. B LEGAL December 1, 2009 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: December 1, 2009 OMMISSION EETING ATE A/P CM’R NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT A NB DMINISTRATIVEEW USINESS NO CA L ATURE F ONSENT GENDAEGAL CC&L AI ODE OMPLIANCE EGAL GENDA TEM S UB ETTLEMENTSNFINISHED USINESS PH FAI UBLIC EARINGUTURE GENDA TEMS O O PENINGSTHER RACC: PROPOSED ORDINANCE No. 09-010 -- SECOND EQUESTED CTION BY ITY OMMISSION READING -- New Urban High Ridge, (LUAR 09-001), Land Use Plan Amendment /Rezoning, located at Northwest corner of High Ridge Road and Miner Road. Request to rezone from Planned Unit Development (PUD) to M-1 Industrial. Applicant: New Urban High Ridge LLC. (Tabled on August 4, 2009) ER: Second Reading was tabled at the request of the applicant on XPLANATION OF EQUEST August 4, 2009. Please note that since First Reading and review by the Department of Community Affairs (DCA), +4.78 acres were extracted from the site for separate use for a charter school. The size of the subject property has been reduced from +18.44 acres to +13.66 acres. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: Not approve subject request. LTERNATIVES - 140 - ORDINANCE NO. 09- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF NEW URBAN HIGH RIDGE, AMENDING ORDINANCE 02-013 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) TO M-1 INDUSTRIAL DISTRICT; 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, New Urban High Ridge LLC., owner of the property located on the northwest corner of High Ridge Road and Miner Road in Boynton Beach, Florida, as more particularly described herein, has filed a Petition, through its agent, Timothy L. Hernandez, 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 Planned Unit Development (PUD) to M-1 Industrial District; 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 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. - 141 - Section 2. The following described land located on the Northwest corner of High Ridge Road and Miner Road in Boynton Beach, Florida, as set forth as follows: See Legal Description attached as Exhibit “A” CONTAINING APPROX. 13.66 ACRES OF LAND. Subject to easements, restrictions, reservations, covenants and rights-of-way of record. be and the same is hereby rezoned from Planned Unit Development (PUD) to M-1 Zoning District. A location map is attached hereto as Exhibit “B” 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. FIRST READING this _____ day of _______________, 2009. SECOND, FINAL READING and PASSAGE this _____ day of ___________, 2009. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor ______________________________ Vice Mayor – Woodrow L. Hay ______________________________ Commissioner – Ronald Weiland ______________________________ Commissioner – Jose Rodriguez ______________________________ ATTEST: Commissioner – Marlene Ross _______________________ Janet M. Prainito, CMC - 142 - City Clerk (Corporate Seal) - 143 - - 144 - - 145 - - 146 - - 147 - - 148 - - 149 - - 150 - - 151 - - 152 - - 153 - - 154 - 12. C LEGAL December 1, 2009 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: December 1, 2009 OMMISSION EETING ATE A/P CM’R NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT A NB DMINISTRATIVEEW USINESS NO CA L ATURE F ONSENT GENDAEGAL CC&L AI ODE OMPLIANCE EGAL GENDA TEM S UB ETTLEMENTSNFINISHED USINESS PH FAI UBLIC EARINGUTURE GENDA TEMS O O PENINGSTHER RACC: PROPOSED ORDINANCE NO. 09-042 -- SECOND EQUESTED CTION BY ITY OMMISSION READING -- Recreational Water Surface Policies, (CPTA 09-001), Comprehensive Plan Text Amendment. Amending Policy 1.3.1 (a) of the Future Land Use Element, and to add policies to the Coastal Management Element and the Intergovernmental Coordination Element. ER: Approval to amend Policy 1.3.1(a) of the Future Land Use XPLANATION OF EQUEST Element, and to add policies to the Coastal Management Element and the Intergovernmental Coordination Element. The subject text amendments to Comprehensive Plan pertain to the recreational water surface policies. Amendments would add marine-oriented and water-dependent uses to uses allowed in the Special High Density Residential Land Use category in conjunction with the Palm Beach County Manatee Protection Plan, and establish siting and other guideline applicable to marinas, boat ramps and other water-dependent uses. The amendments would also uphold the City’s commitment to preserve its two existing recreational and commercial working waterfronts and bring the City into compliance with the requirements of Chapter 163.3178(2)(g), Florida Statutes. Please note that additional text pertaining to land use compatibility, as well as the adoption date of the county Manatee Protection Plan, have been added to the proposed text in Policy 1.3.1 (a) as per recommendation approved at the public hearing and first reading of the subject ordinance on September 1, 2009. This item has been returned from DCA and is now ready for final ordinance processing. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES - 155 - FI: N/A ISCAL MPACT A: Not approve subject request. LTERNATIVES - 156 - ORDINANCE NO. 09- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA ADOPTING THE TEXT AMENDMENTS TO THE COMPREHENSIVE PLAN PERTAINING TO THE RECREATIONAL WATER SURFACE POLICIES; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS , the proposed text amendments would add marine-oriented and water –dependent uses to uses allowed in the Special High Density Residential Land Use category in conjunction with the County Manatee Protection Plan and establish siting and other guidelines applicable to marinas, boat ramps and other water-dependent uses; and WHEREAS, the amendments would also uphold the City’s commitment to preserve its two existing recreational and commercial working waterfronts and bring the City into compliance with requirements of Florida Statutes; and 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, hereby adopts the Text Amendments to the Comprehensive Plan pertaining to the recreational water surface policies, a copy of which is attached hereto as Exhibit “A”. Section 3. All laws and ordinances in conflict with any provisions of this ordinance are hereby repealed. Section 4. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5. Authority is hereby given to codify this Ordinance. Section 6. This Ordinance shall become effective immediately upon passage. - 157 - FIRST READING this ____ day of ______________, 2009. SECOND, FINAL READING AND PASSAGE this ____ day of ___________, 2009. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor ______________________________ Vice Mayor – Woodrow L. Hay ______________________________ Commissioner – Ronald Weiland ______________________________ Commissioner – Jose Rodriguez _______________________________ Commissioner – Marlene Ross ATTEST: ___________________________ Janet M. Prainito, CMC City Clerk (Corporate Seal) - 158 - DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 09-056 TO: Chair and Members Planning and Development Board FROM: Hanna Matras Senior Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: August 11, 2009 PROJECT NAME/NUMBER: Comprehensive Plan Text Amendments Recreational Surface Water Use Policies CPTA 09-001 REQUEST: Request to amend Policy 1.3.1 of the Future Land Use Element; Request to add policies to the Coastal Management Element; Request to add a policy to the Intergovernmental Coordination Element. INTRODUCTION Staff is proposing a set of text amendments to the City of Boynton Beach Comprehensive Plan. The proposed amendments pertain to recreational surface water uses and specifically support economic development and natural resource preservation. The amendments would affect the Future Land Use, Coastal Management and Intergovernmental Coordination elements. Specifically, staff proposes: (1) amendment to Policy 1.3.1 of the Future Land Use Element to add marine-oriented and water- dependent uses to uses allowed in the Special High Density Residential Use category in conjunction with the Palm Beach County Manatee Protection Plan (the MPP); (2) addition of four policies to the Coastal Management Element adopting the MPP by reference, establishing siting and other guidelines applicable to marinas, boat ramps and other water-dependent uses, and committing the City to preservation of its two existing working waterfronts; and (3) addition of a policy to the Intergovernmental Coordination Element to support the implementation of the MPP. PROCEDURE All amendments to adopted Comprehensive Plan policies are considered text amendments, and are therefore “large scale amendments” by Chapter 163, F. S.. Large scale amendments are restricted to the twice-yearly amendment cycles and are transmitted to the Florida Department of Community Affairs for review and comment prior to final adoption by the City Commission. However, as per provisions of Chapter 163.3177(6)(g), amendments that include addition of recreational surface water policies to the coastal management element of the Comprehensive Plan are exempt from the twice per year limit. A preliminary review by DCA has confirmed that the proposed amendments meet this criterion. Therefore, if approved for transmittal to DCA, they will be submitted outside of the twice-a- year cycle. The amendment process will otherwise conform to all state law provisions regarding large scale amendments. - 159 - Adoption of the proposed amendments is tentatively scheduled for late November or early December of this year. PROPOSED TEXT Proposed changes are shown in underlined text. FUTURE LAND USE ELEMENT Policy 1.3.1 (a) Addition of text following the list of uses allowed in the residential land use category. In addition to other allowed non-residential uses, the City may allow marine- oriented and water-dependent uses in the Special High Density Residential category in conjunction with the Palm Beach County Manatee Protection Plan (the MPP) as adopted in August of 2007. A site for a proposed facility must be designated as “preferred” by the Boat Facility Siting Plan contained in the MPP and must be consistent with all applicable Plan recommendations and policies for boat facilities. The City shall also establish land development regulations that maximize land use compatibility and protect residential neighborhoods from negative impacts of subject uses. COASTAL MANAGEMENT ELEMENT Addition of a policy to Objective 7.10, which reads: “The City shall continue to protect, conserve and, where possible, improve local wildlife, coastal wetlands, estuaries, coastal barriers and marine habitats”. Policy 7.10.11 The City shall abide by the 2007 Palm Beach County Manatee Protection Plan herein adopted by reference and shall support the County’s efforts to protect manatees and their habitats. Addition of policies to Objective 7.11, which reads: “The City shall continue to search for opportunities to increase the amount of water-dependent and water-related uses and public access to beach and shoreline facilities by prioritizing shoreline uses with priority given to water-dependent uses”. Policy 7.11.6 The City and the Boynton Beach Community Redevelopment Agency shall continue to seek funding for, and to implement improvements to preserve the City’s two existing public waterfronts: Boynton Harbor Marina and the Boat Club Park. The improvements are intended to maximize public access to waterways for boating and fishing and improve amenities. Policy 7.11.7 The City shall ensure that any new marina or marina expansion minimizes impacts on coastal and marine resources by coordinating review of marina development with input from all appropriate federal, state, regional, and county agencies. The City shall establish land development regulations regarding marina siting consistent with the Palm Beach County Manatee Protection Plan. Policy 7.11.8 The City shall only allow for location of marinas, boat ramps and other water-dependent uses in a manner which protects seagrass and manatees. Upon the siting of such water-dependent uses, the City shall continue to implement adequate provisions to protect seagrass and manatees such as, - 160 - but not limited to, minimizing dredging, marking navigation channels, supporting boat speed restrictions, speed zone enforcement, information and restrictive signage, and construction standards so as to not entrap manatees or damage seagrass. To further this goal, new marinas shall only be permitted within the areas identified as a “Preferred” siting category in accordance with the Palm Beach County Manatee Protection Plan. INTERGOVERNMENTAL COORDINATION ELEMENT Addition of a policy to Objective 8.13, which reads: “The City shall maintain avenues of coordination with those agencies, departments and entities that assist in the development and maintenance of a high quality natural environment based on the preservation, improvement, and wise management of local existing natural resources. Policy 8.13.6 The City shall support the implementation of the Palm Beach County Manatee Protection Plan, and coordinate with the County on all issues regarding compliance with the MPP’s Boat Facility Siting Plan. ANALYSIS Background The proposed amendments are consistent with the 2006 provisions of Chapter 163.3177(6)(g), Florida Statutes, that encourage local governments to include in the coastal management element recreational surface water policies that incorporate applicable criteria for, and consider such factors as natural resources, manatee protection needs, protection of working waterfronts and public access to the water, and recreation and economic demands. The amendments are also consistent with the 2005 provisions to Chapter 163.3177(6)(a), which require that the coastal management element include the strategies that will be used to preserve recreational and commercial waterfronts. In all coastal communities, public water access can provide recreation to residents, promote tourism, and support business and jobs. The above quoted amendments to Florida Statutes reflect the recognition by the state leadership of the significant economic benefit the marine industry can represent to these communities. The Marine Industries Association of Palm Beach estimated that in 2005, the marine industry in Palm Beach County generated over 18 thousand jobs and had an annual economic impact of nearly $2 billion. Preservation of Existing Working Waterfronts The City currently has two “recreational and commercial working waterfronts” as defined by s.342.07(2), Florida Statutes. These are the Boat Club Park with a boat ramp and the Boynton Harbor Marina, formerly known as the Two Georges Marina. The Community Redevelopment Agency purchased the marina in 2006. Basic renovations were completed in 2007; phase two improvements will make the marina more user and pedestrian-friendly. To support the restoration efforts, the CRA received $2 million in Palm Beach County bond money earmarked to help preserve public waterfronts. The Boat Club Park improvements are planned for the fall of 2009. Proposed policy 7.11.6, which upholds the City’s commitment to preserve and improve both facilities, meets the requirement of Chapter 163.3177(6)(a) pertaining to preservation of recreational and commercial waterfronts. New Water-Dependent Uses In addition, the amendments address potential development of new marinas, boat ramps and other water-dependent uses. The main requirement underlying the proposed new policies pertains to siting - 161 - of new facilities. Siting would have to comply with the Boat Facility Siting Plan (BFSP), incorporated into the Palm Beach County Manatee Protection Plan (MPP). The MPP was approved by the Palm Beach County Board of County Commissioners on August 21, 2007. The goal of a boat facility siting element of an MPP is to reduce the potential for manatee/watercraft interaction and impacts to important manatee habitat. The BFSP does not prohibit development of marinas or boat ramps, but allows new facility siting and/or expansion of existing facilities in a manner consistent with the protection of manatees and their habitat. Depending on the relative risk of manatee/boat interactions, the BFSP assigns five major categories to coastal waterways of Palm Beach County: (1) Unrestricted; (2) Preferred; (3) Conditional; (4) Non-Preferred; and (5) Exclusionary. The BFSP maps (figures 44a-e) show the pattern of the above categories along the coastal areas in the Palm Beach County. Most of the Boynton Beach coastal zone has been assigned to a “Conditional” category. The only exception is the City’s small northern-most coastal area, which is labeled as “Preferred” (see Exhibit A). This area extends from the northern boundary of the city to the southern boundary of the Boat Club Park, for about 0.6 miles. As per the BFSP, “Preferred” locations are appropriate for the development of all types of boating facilities, but specific recommendations regarding the density of the boat slips and trailer parking spaces at boat ramps apply. There are also standards that apply to all multi-slip facilities regardless of category. The proposed policies would limit siting of any new marinas, boat ramps and other similar water- dependent uses to the City’s coastal area designated as “Preferred”. Currently, the subject area exhibits a mix of land use designations, with roughly 65% of land in residential categories (Low, High and Special High Density), 30% in Recreational category (the Boat Club Park and Intracoastal Park) and 5% in the Local Retail Commercial Category. At present, only the Local Retail Commercial category allows commercial marinas and boat storage; Recreational category allows for water- dependent uses as part of the “park and recreational facilities” category, both public and private. The proposed amendment to Policy 1.3.1 would also allow the marine-oriented and water-dependent uses in the Special High Density Residential land use category. Staff will also draft corresponding land development regulations for concurrent processing with the ultimate adoption stage of the subject text amendments. The Code amendments would include applicable development standards, and provisions to address and mitigate any potential negative visual and non-visual impacts, such as noise and traffic, on the surrounding residential areas. RECOMMENDATION The proposed text amendments meet the requirements and the recommendations of Chapter 163.3177 and 163.3178, Florida Statutes, and will support marine-oriented and water-dependent uses relative to natural resources, manatee protection needs, and recreation and economic demands. Therefore, staff recommends that: 1.The Planning and Development Board recommend approval of the proposed amendments; and 2.The City Commission, acting in its capacity as the Local Planning Agency, approve the amendments for transmittal to the Florida Department of Community Affairs for their review and comment. ATTACHMENTS S:\Planning\SHARED\WP\SPECPROJ\Comp Plan Text Amendments\CPTA 09-001 MARINAS\STAFF REPORT CPTA 09-001.doc - 162 - - 163 - 12. D LEGAL December 1, 2009 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: December 1, 2009 OMMISSION EETING ATE A/P CM’R NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT A NB DMINISTRATIVEEW USINESS NO CA L ATURE F ONSENT GENDAEGAL CC&L AI ODE OMPLIANCE EGAL GENDA TEM S UB ETTLEMENTSNFINISHED USINESS PH FAI UBLIC EARINGUTURE GENDA TEMS O O PENINGSTHER RACC: PROPOSED ORDINANCE 09-044 -- SECOND EQUESTED CTION BY ITY OMMISSION READING -- IPUD Zoning District-Marine-Oriented & Water Dependent Uses, (CDRV 09-008). Amending the Land Development Regulations, Chapter 2, Zoning, Section 5.L., changing the intent section to promote water access and recreational opportunities with accomodation of uses including marine-oriented and water-dependent uses, and establishment of development regulations for implementation. Applicant:: City-initiated. ER: Request to amend the Land Development Regulations for IPUD XPLANATION OF EQUEST Zoning District-Marine-Oriented & Water Dependent Uses, CDRV 09-008. The City Commission approved the item on First Reading on November 17, 2009, accepting a staff recommendation for changes/additions to the proposed regulations regarding the “Preferred” marina siting zone, a minimum lot width standard, outdoor display of boats, and limited provisions for residing on boats. The ordinance has been modified to include changes discussed on First Reading. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: Proposed amendments may increase the tax base through increasing the ISCAL MPACT development potential of vacant or underutilized property. A:. Not approve or approve with changes LTERNATIVES - 164 - ORDINANCE NO. 09- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS, CHAPTER 2 “ZONING”, SECTION 5L CHANGING THE INTENT SECTION TO PROMOTE WATER ACCESS AND RECREATIONAL OPPORTUNITIES WITH ACCOMMODATION OF USES INCLUDING MARINE-ORIENTED AND WATER-DEPENDENT USES, AND ESTABLISHMENT OF DEVELOPMENT REGULATIONS FOR IMPLEMENTATION; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS , the Development Department has made recommendations to amend the Land Development Regulations changing the intent section to promote water access and recreational opportunities with accommodation of uses including marine-oriented and water-dependent uses, and establishment of development regulations for implementation; and WHEREAS, the City Commission has considered those recommendations and finds that those amendments will be an improvement to the IPUD zoning district and corridor, and mechanism to promoting desirable development activity and growth in the City’s tax base. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clause is true and correct and is now ratified and confirmed by the City Commission. Section 2. Sub-sections L of Section 5 of Chapter 2 of the Land Development Regulations is amend as follows: L. INFILL PLANNED UNIT DEVELOPMENT (IPUD). The Infill Planned Unit Development (IPUD) District standards and regulations are created for the purpose of allowing flexibility to accommodate infill and redevelopment on parcels less than five (5) acres in size. Parcels five or more acres in size shall comply with normal Planned Unit Development regulations found in Chapter 2.5 of the Land Development Regulations. 1. Intent and expectations. a. The IPUD regulations are intended to be used in situations where new development or Federal redevelopment is proposed within an already developed area or neighborhood located in the Highway Corridor Community Redevelopment Plan , Study Areas I and V. A mixture of uses including - 165 - residential, retail commercial and office, may be allowed to the extent that no land use conflicts will result and the basic intent of the Zoning Code and the Comprehensive Plan will be followed. This district is also intended to promote water access and recreational opportunities with accommodations of uses including marine-oriented and water dependent uses in both mixed-use developments and limited single-use projects. b. It is a basic public expectation that landowners requesting the use of the IPUD district will develop design standards that exceed the standards of the basic development standards in terms of site design, building architecture and construction materials, amenities and landscape design. The extent of variance or exception to basic design standards, including but not limited to requirements for parking spaces, parking lot and circulation design, and setbacks, will be dependent on how well the above-stated planning expectations are met in the proposed development plan. c. The IPUD shall minimize adverse impacts on surrounding property. The city is not obligated to automatically approve the level of development intensity requested for the IPUD. Instead, it is expected to approve only such level of intensity that is appropriate for a particular location in terms of land use compatibilities. The city may require, as a condition of approval any limitation condition, or design factor that will provide a reasonable transition to adjacent development. d. In order to be approved, an IPUD project must be compatible with and preserve the character of adjacent residential neighborhoods. Further, it must be an enhancement to the local area and the city in general. Presentation of projects that fail to do so will be denied. e. Each IPUD project is independent and will be evaluated solely on its own merits. The inclusion of certain features in a previously approved IPUD project will not be entertained as a valid argument for the inclusion of that same feature in any other IPUD project if the city decides to reject those features. 2. Application process. a. The procedures and requirements for applying for rezoning to the IPUD district are the same as those for rezoning to the PUD district as stated in Chapter 2.5, Section 10, of the Land Development Regulations. b. When the IPUD is to be developed in a single phase, the site plan for the development may also represent the master plan. c. The entire property proposed for development as an IPUD shall be under common ownership or unified control, so as to ensure unified development. 3. Development standards. Minimum lot area: 1 acre* Maximum lot area: 5 acres Minimum lot frontage:None, except for private marinas* - 166 - Maximum height: 45 feet (lesser height may be required for compatibility with adjacent development) Maximum lot coverage 50% (building): Maximum density: Determined by land use 10.8 du/ac for land classified High Density Residential (HDR) or Local Retail Commercial (LRC); or 20 du/ac for lands classified Special High Density Residential Minimum usable open 200 square feet space per dwelling unit: Perimeter setbacks: Shall mirror setbacks of adjacent zoning district(s) but with a minimum of the setback required for a single-family residence, as determined by the orientation of structures in the IPUD.** Private marinas as a principal use * Single marine-oriented and water dependent uses require a a minimum lot frontage of 150 feet and minimum average width minimum lot area of four (4) acres, of 200 feet . ** Also see “4.h.” below for additional requirements. 4. Additional standards. a. Building design elements. (1) Massing. The proportions and relationships of the various architectural components of the buildings should be utilized to ensure compatibility with the scale of other development in the vicinity. The buildings should not detract from or dominate the surrounding area. (2) Materials. A variety of materials must be utilized to provide visual interest to the buildings. Colors and materials must be selected for compatibility with the site and the neighboring area. The exterior building design must be coordinated on all elevations with regard to color, materials, architectural form, and detailing to achieve design harmony and continuity. (3) Articulation. Well-articulated buildings and architectural interest and variety to the massing of a building and help break up the monotonous facades. A variety of features must be incorporated into the design of the buildings to provide sufficient articulation of the facades. This may be achieved by incorporating the use of vertical and/or horizontal reveals, step backs, modulation, projections, roof detailing, and three dimensional details between surface planes to create shadow line and break up flat surface areas. (4) Overall design. Design of the project shall be tailored to the specific site and shall take into consideration the protection and enhancement of any natural features of or adjacent to the site as an element in the overall design. b. Screening and buffering. (1) Appropriate screening and buffering will be required. (2) Such screening must shield neighboring properties from any adverse effects of the proposed development. - 167 - (3) Screening and buffering must also be used to shield the proposed development from the negative impacts of adjacent uses. (4) Special emphasis should be placed on screening the intrusion of automobile headlights on neighboring properties from parking areas and driveways. c. Pedestrian circulation. (1) Pedestrian circulation should be carefully planned to prevent pedestrian use of vehicular ways and parking spaces. (2)In all cases, pedestrian access shall be provided to public walkways. (3) Pedestrian circulation design shall promote interconnectivity within and between land uses to discourage unnecessary use of the automobile and reduce vehicle miles traveled. d. Usable open space. (1) Shall be required for residential development projects and mixed-use residential projects; (2) Shall include active or passive recreational space; (3) Shall not be occupied by streets, drives, parking areas, or structures other than recreational structures; (4) Shall be designed to be available and accessible to every dwelling unit proposed; (5) Shall, where feasible, be centrally located in the development; and (6) Shall not include private courtyards natural areas and water bodies. e. Trash collection. (1) Special emphasis shall be placed on trash collection points. (2) Trash containers or dumpsters must be screened and designed such that they are not visible from or disruptive to adjacent properties, streets, and rights-of-way while still being conveniently accessible to their users and collectors. (3) Dumpsters or trash containers shall not be located within setbacks abutting single- family residential developments. f. Mixed land uses. (1) Within the IPUD district, mixed land uses may be proposed. (2) Commercial uses shall only be allowed for developments fronting on streets classified as "arterial" on the "Functional Classification of Roadways" map in the Boynton Beach Comprehensive Plan. - 168 - (3) Such development must be found compatible with adjacent uses and established design characteristics. (4) Any commercial uses shall be small-scale retail and services, primarily to serve the residents of the IPUD, and not the public in general, except for uses qualifying under “4.g.” below accruing . (5) Any commercial uses must front on the arterial roadway or on an access wholly contained within the project with neither entrance nor exit on or visible from or disruptive to adjacent properties, streets, and rights-of-way. g. Marine-oriented and water dependent uses. (1) Within the IPUD district, uses shall be encouraged that increase water access and recreational opportunities to the community, so as to support a mix of uses, water access and minimized travel distances. (2) In addition to adherence to the other development regulations and compatibility language contained within the entire IPUD section of the code, any marine-oriented or water dependent use shall also conform to the requirements listed herein. (3) Principal land uses may include boat and yacht clubs, and private or public marinas contingent upon being located within an area identified with the (see Part III, Chapter 1, Definitions) “Preferred” siting designation by the 2007 Palm Beach County Manatee Protection Plan. However major repairs and boatels, or residing on boats, shall be prohibited in the IPUD district. Additionally, all sale or minor repair of boats, or components thereof, shall only occur within a fully enclosed structure except as otherwise allowed by paragraph #6 below . The above noted principal uses, when combined with residential uses, in which the residential component occupies 25% or more of the total land area, shall be considered permitted uses, otherwise such marine uses shall require conditional use approval. (4) Boatels and the residing on boats shall be prohibited within the IPUD district, except that temporary stays shall be allowed for a maximum of 3 nights within a 12-month period. (4) The following uses shall be allowed as accessory to one of the principal marine uses described above: boat brokerages, ship’s stores, tackle shops, maritime museums or other related educational uses, restaurants, boat ramps, and other launching facilities. (5) Marine-oriented and water dependent uses shall meet all requirements of subsection “4.f.” above, with the exception of “4.f.(4)”. (6) No outdoor dry storing or stacking of boats or other related items shall be allowed, except that outdoor displays are allowed for sales purposes as long as the boats are restricted to ground level display, are not visible from abutting rights-of-way or residential properties, and are not placed within landscape areas or required parking spaces. (7) Wash down and other post-use servicing shall be done within the dry storage building or within an enclosed structure (i.e. three-sided and roofed) designed and oriented to minimize external impacts. - 169 - (8) Water used for flushing and other cleaning activities shall be properly pretreated prior to discharge into the stormwater system, and conservation measures shall be considered to facilitate reclamation/recycling. (9) No outdoor speakers shall be allowed other than for low volume music that is not audible off-site. (10) In addition to adhering to the City’s sound regulations, no equipment, machines, or tools shall be used between the hours of 8:00 a.m. and 6:00 p.m. that generates noise unique to a residential neighborhood. (11) Additional design regulations for commercial buildings and boat storage facilities. (a) Architectural integration shall be encouraged through the choice of building materials, architectural style, extensive use of windows, and choice of soft, muted colors. (b) All buildings shall incorporate 360° architecture, a variety of massing and building heights, and stepping roof lines. (c) The use of standardized "corporate" architectural styles associated with chain-type businesses is prohibited. (d) To contribute to physical compatibility and minimize impacts on the residential fabric of adjacent neighborhoods, projects adjacent to residential zoning districts shall be designed with residential character, unless a superior, non-residential design can be demonstrated. Residential designs shall include, but not be limited to, a combination of actual and faux windows, balconies, porches, awnings and related architectural details. The character shall either match or compliment established architectural themes in the vicinity. (e) All building facades shall include a repeating pattern that shall include no less than three (3) of the following elements: color change, texture change, material module change, or a change in plane of at least two (2) feet in depth. At least one of these elements shall repeat horizontally. All elements shall repeat at intervals of no more than 30 feet, either horizontally or vertically, unless a superior design can be demonstrated at greater intervals. Recesses and projections shall be from finished grade to roofline, and be a minimum of 10 feet in width. (f) As an alternative to the required façade offsets noted above, decorative and substantive roofline changes, when coupled with correspondingly aligned façade material changes, may substitute. (g) A minimum of two different types of building materials shall be used, with a 70 percent-30 percent ratio. A change in stucco or use of windows will not count toward meeting this requirement. (h) Articulation in parapet wall shall be required with a minimum of five (5) feet for front and side facades, and any façade oriented towards a street; and, two and one half (2½) feet for rear facades. (i) Parapet walls shall feature three dimensional cornice treatment, to provide a finished look from any angle. Additionally, a parapet return is required with a length equal to or exceeding the required parapet articulation. - 170 - (j) All customer entrances to the building shall be the focal point of design. Architectural elements shall include some combination of the following improvements: pediments, lintels, columns, pilasters, porches, balconies, railings, balustrades, and ornate moldings. (k) On any retail or office building within a marine-oriented or water dependent project, or any portion of a building devoted to such use, windows shall be of pedestrian scale, recessed and vision glass without obstruction. (l) On any retail or office building within a marine-oriented or water dependent project, on any facade on which a customer entrance to the building is located, a minimum of 1.6 square foot of vision glass is required for each one (1) lineal foot of facade. (m) On any retail or office building within a marine-oriented or water dependent project, on any other facade facing a public street, a minimum of 0.8 square foot of vision glass is required for each one (1) foot. (n) Landscaping above and beyond the regulations cited elsewhere in this code shall be required for all non-residential buildings in excess of 40,000 square feet, in order to reduce the perceived scale and massing of such buildings. (o) The width of the foundation planting areas visible from streets or residential properties shall be 50 percent of the facade height. The applicant may submit an alternate planting plan that depicts the required screening/softening of the large building facades, however in no instance shall the planting area be less than 12 feet in width. (p) The height of the plant material shall be in relation to the height of the adjacent facade or wall. Further, the height of 50 percent of the required trees or palms shall be a minimum of two-thirds (2/3) of the height of the building. One (1) canopy tree or a cluster of three (3) palm trees shall be installed within the foundation planting area every 20 feet on center along each façade visible from streets or residential properties. Canopy and palm trees shall be distributed along the entire façade where foundation landscaping areas are required, with understory plant material arranged in the areas between the low growing shrubs and tree or palm canopies. The applicant may submit an alternate planting plan that depicts the rearrangement of plant material in order not to interfere with required building enhances discussed herein. (q) A perimeter landscape barrier shall be required between incompatible uses and/or zoning districts; or where there are differences in density, intensity, or building heights or mass; or for those certain uses requiring additional screening in order to shield outdoor storage or operations. The barrier shall consist of a decorative buffer wall of at least six (6) feet in height, in addition to a variety of densely planted trees, hedges and shrubs. In areas where sufficient width is provided or staff determines additional buffering is warranted, a berm may be required in addition to the above regulations. (r) The applicant shall demonstrate through site design and buffering how sound associated with the non-residential components of the project will be mitigated. h. Compatibility with surrounding development. - 171 - (1) Compatibility will be judged on how well the proposed development fits within the context of the neighborhood and abutting properties. For this purpose, elevations and cross-sections showing adjacent structures shall be included with the site plan application. (2) If vegetation, screening or other barriers and/or creative design on the perimeter of an IPUD achieve compatibility with adjacent uses, the city may grant some relief from the following two requirements: a. Any IPUD located adjacent to an existing single-family residential development(s) must locate structures of the same unit type or height allowed by the adjacent zoning district(s), with the exception of a use approved in accordance with subsection “4.g.” above. b. Structures on the perimeter of an IPUD project, in addition to the basic setback requirements, must be set back one (1) additional foot for each one (1) in height for the perimeter structures that exceed thirty (30) feet. A structure shall be considered to be on the perimeter if there is no intervening building between it and the property line. (3) If an IPUD is located with frontage on the Intercoastal Waterway, conditions of approval shall include a deed restriction requiring that any dockage built will not exceed in width the boundaries of the project's actual frontage on the water, regardless of what any other governing or permitting entity may allow or permit. i. Vehicular circulation. (1) Privately owned streets providing secondary vehicular circulation internal to the IPUD may be considered for approval with rights-of-way and pavement widths less than the requirements stated in the city's Land Development Regulations. However, in no case shall health, safety and/or welfare be jeopardized. (2) Roadways providing external connections to the city's street network shall meet all requirements contained in the city's Land Development Regulations. j. Parking. For minimum parking standards and calculations, see Chapter 2, Zoning, Section 11. H. 16.e (10). k. Exterior lighting. Lighting of the exterior, parking areas and watercraft docking facilities of the planned development shall be of the lowest height, intensity and energy use adequate for its purpose, and shall not create conditions of glare that extend onto abutting properties. l. Natural features. The physical attributes of the site shall be respected with particular concern for preservation of natural features, tree growth and open space. Section 3. Each and every other provision of the Land Development Regulations not herein specifically amended, shall remain in full force and effect as originally adopted. Section 4. All laws and ordinances applying to the City of Boynton Beach in conflict with any provisions of this ordinance are hereby repealed. - 172 - 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. Authority is hereby given to codify this Ordinance. Section 7. This Ordinance shall become effective immediately. FIRST READING this ___ day of ___________, 2009. SECOND, FINAL READING AND PASSAGE this _____ day of ________, 2009. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor ______________________________ Vice Mayor – Woodrow L. Hay ______________________________ Commissioner – Ronald Weiland ______________________________ Commissioner – Jose Rodriguez _______________________________ Commissioner – Marlene Ross ATTEST: ___________________________ Janet M. Prainito, CMC City Clerk (Corporate Seal) - 173 - DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 09-068 Chair and Members TO: Planning & Development Board Michael W. Rumpf FROM: Director of Planning and Zoning October 13, 2009 DATE: Infill Planned Unit Development (IPUD) Zoning District – RE: Marine-oriented & water-dependent uses (CDRV 09-008) Interim amendments to Land Development Regulations NATURE OF REQUEST Staff is proposing interim amendments to the Land Development Regulations (LDR) that correspond with pending Comprehensive Plan text amendments. The intent of the proposed text amendments is to incorporate “surface water” provisions that support greater water access including accommodations for marina uses in the coastal area consistent with the County’s Manatee Protection Plan. The proposed code amendments represent the implementing of land development regulations required by proposed Policies 1.3.1 and 7.11.7. Such amendments incorporate into the Infill Planned Unit Development District (IPUD) use provisions and development standards to guide the addition of certain marine- oriented and water-dependent uses as either mixed-use or limited single-use projects. An excerpt of proposed Policy 1.3.1 reads as follows: The City shall also establish land development regulations that maximize land use compatibility and protect residential neighborhoods from negative impacts of subject uses. The proposed amendments are intended to protect residential neighborhoods from negative impacts through, in part, proper height and setback requirements, appropriate landscaping, and design and operational requirements. BACKGROUND The proposed Comprehensive Plan text amendments were initiated by city staff in July of this year, and approved by the City Commission for transmittal to the Department of Community Affairs (DCA) on st September 1. Said amendments were drafted referencing the general theme of Florida Statutes, Chapter 163.3177(6)(a) to consider manatee protection needs, protection of working waterfronts, public access, and recreation and economic demands within the Comprehensive Plan. Further, the amendments were initiated to support economic development by increasing development options for those properties that are victims of the residential real estate crisis. To encourage both marina and other water-related uses, and particularly to accommodate such uses in a mixed-use setting, the IPUD zoning district was the target of this amendment. The key elements of the proposed Plan and Code amendments include a geographic limitation to those areas identified with the “Preferred” siting category as delineated in Palm Beach County’s Manatee Protection Plan (see proposed Policy 1.3.1), and the proposed development regulations that indicate the new permitted and conditional uses, and design standards intended to maximize the compatibility of - 174 - such facilities within the varying land uses characteristic of the City’s waterfront. Although marinas and other water-dependant uses proposed by these amendments are typically allowed in commercial, recreational or even use-specific zoning districts (i.e. “marina” district), the IPUD zoning district is proposed for this amendment, expanding its role as a mixed-use zoning district for the US-1 corridor, and given the proximity of property currently zoned IPUD to the “Preferred” facility siting designation as adopted in the Manatee Protection Plan. Furthermore, the IPUD zoning district is a planned district, and therefore requires the rezoning process and a master plan as part of its development review. The more thorough review and scrutiny facilitated by the rezoning process is necessary to ensure land use compatibility through the case-by-case application of both objective and subjective design standards. PROPOSED AMENDMENTS The proposed use provisions and development standards are intended to facilitate the integration of selected water dependant uses into that limited portion of the coastline identified with the “Preferred” siting designation. The proposed amendments are attached in their entirety hereto (see Exhibit “A”), with selected portions featured or referenced and explained below. Zoning The proposed land development regulations are to be incorporated into Part 3, Chapter 2. , Infill Planned Unit Development. Section 5.L. With respect to site standards, existing code is to remain unchanged with the exception of two footnotes (as underlined) that 1) add a separate minimum lot size standard for single-use projects; and 2) insert a simple reference for a section containing related Development Standards provisions. Section 3. is proposed with the simple additions as follows (see underlined text): 3. Development standards. Minimum lot area: 1 acre* Maximum lot area: 5 acres Maximum height: 45 feet (lesser height may be required for compatibility with adjacent development) Maximum lot coverage (building): 50% Maximum density: Determined by land use 10.8 du/ac for land classified High Density Residential (HDR) or Local Retail Commercial (LRC); or 20 du/ac for lands classified Special High Density Residential Minimum usable open space per dwelling unit: 200 square feet Perimeter setbacks: Shall mirror setbacks of adjacent zoning district(s) but with a minimum of the setback required for a single-family residence, as determined by the orientation of structures in the IPUD.** * Single marine-oriented and water dependent uses require a minimum lot area of four (4) acres. ** Also see “4.h.” below for additional requirements. The majority of the proposed changes are concentrated in a new Section 4.g, which contains standards and requirements that could be described under five (5) headings: use provisions; operational provisions; building design standards; landscaping/buffering and parking standards. Use Provisions The use provisions are specifically contained within Section 4(g)(3) and (4) which are indicated below: - 175 - (3) Principal land uses may include boat and yacht clubs, and private or public marinas (see Part III, Chapter 1, Definitions). However major repairs and boatels, or residing on boats, shall be prohibited in the IPUD district. Additionally, all sale or minor repair of boats, or components thereof, shall only occur within a fully enclosed structure. The above noted principal uses, when combined with residential uses, in which the residential component occupies 25% or more of the total land area, shall be considered permitted uses, otherwise such marine uses shall require conditional use approval. (4) The following uses shall be allowed as accessory to one of the principal marine uses described above: boat brokerages, ship’s stores, tackle shops, maritime museums or other related educational uses, restaurants, boat ramps, and other launching facilities. The proposed amendment is intended to allow for a range of water-dependent uses with an emphasis on active operations with certain service and other commercial functions being limited to an accessory, and properly regulated role. For example, major boat repairs are not allowed, and sales and minor service functions must occur within an enclosed building to avoid the associated negative aspects such as noise and visual impacts. Operational Provisions The operational standards and provisions are also intended to further minimize noise and visual impacts as well as to promote water quality and conservation. In summary, Section 4(g)(6-10) prohibits any outdoor storage of watercraft; requires post-use servicing to be within the principal building or in an enclosed, or partially enclosed building; requires that pretreatment measures be applied to water used in engine flushing; and promotes the consideration of water recycling or reclamation as part of its service function. Lastly, the operational requirements preclude the use of any outdoor speakers, and restricts the use of equipment that generates noise not typically generated by, and commonly accepted within, a residential neighborhood, to the hours of 8:00 a.m. and 6:00 p.m. The proposed regulations are based, in part, on staff findings from a visit to a modern marina in Deerfield Beach called Marina One. The most noticeable impacts of the operation included sounds generated by the servicing of the boats following use (e.g. engine flushing), and an audible “beeping” sound generated for safety purposes by the heavy boat-lift vehicle while backing up. Design Standards Additional design standards are proposed for application to new marine-oriented and water dependent land uses within the IPUD district. Such standards continue placing the same strong emphasis on land use compatibility as originally written into the IPUD district, with the majority of them specifically intended to optimize residential compatibility, minimize the appearance of bulk and mass, and maximize aesthetic quality. Given the potential size and mass of buildings within a marina or related use, many of the standards are based on the principals of “big box” commercial regulations by precluding large blank walls and the use of minimal materials, and requiring “360 degree architecture”, residential design styles, and the use of both vision (real) glass windows and faux windows. For example, given the possible close proximity to single-family neighborhoods, Section 4.g.11(d) requires large commercial or boat storage buildings to be designed with a residential architectural style and reads as follows: (d) To contribute to physical compatibility and minimize impacts on the residential fabric of adjacent neighborhoods, projects adjacent to residential zoning districts shall be designed with residential characte, unless a superior, non-residential design can be demonstrated. Residential designs shall include, but not be limited to, a combination of actual and faux windows, balconies, porches, awnings and related architectural details. The character shall either match or compliment established architectural themes in the vicinity. - 176 - However, recognizing the importance of flexibility and possible design options, this requirement also allows for an alternative design style which would be reviewed on a case-by-case basis. With respect to the emphasis on avoiding blank walls, Section 4.g.11(b), (d), (e), and (g), all require façade enhancements, whether generally or specifically, and require minimum building materials, muted colors, articulation, repeating patterns, enhanced entrances and real and faux enhancements such as windows, balconies, awnings, and porches. Landscaping Standards Additional landscaping regulations are also proposed, in addition to the screening and buffering requirements currently within the IPUD district. These additional standards are both objective and subjective and require: enhanced landscaping screening and buffering on large projects; landscaping buffer widths and tree sizes to be proportional to the building height; and application of the landscape “barrier” which is the most dense landscaping buffer design as currently defined in the City’s landscaping regulations. The landscape “barrier” is intended to separate land uses with differing intensities. The proposed additional buffering requirements are found in Section 4.g.11(n), (o), (p), and (q). Parking Standards The City’s parking space requirements are within Part III, Chapter 2, Section 11.H.16 of the Land Development Regulations, and Section H.16.e(10) contains the sole parking ratio applicable to marinas; One (1) parking space per boat slip. As this standard is primarily applicable to wet slips and active marinas, and is not sensitive to lower parking requirements of indoor (dry) storage uses as well as other operational components of private marinas, staff proposes to amend and expand Subsection “e(10)” to require the following parking space ratios:  One (1) parking space per five (5) wet or dry storage slips; and  One (1) parking space per 500 square feet of boat showroom. As for the more active and intensive parking users of marinas, requiring at least a 1 per 1 ratio, Subsection “e(11)” of the current regulations will remain unchanged and applies to charter, drift fishing, and sightseeing boats requiring a minimum of one (1) parking space per three (3) seats within a watercraft. Whereas current regulations are tailored more for public, outdoor and/or “working” marinas, the proposed amendments are written to require minimum parking at private marinas containing a combination of principal components such as dry storage, boat sales, and wet slips, and are intended to avoid excessive parking by accounting for operational and use characteristics including accessory components such as meeting or club facilities, supply stores, and office and administrative space. CONCLUSIONS/RECOMMENDATION Currently, marina uses are allowed within the CBD, C-3 and mixed-use zoning districts; however, dry storage, often a typical component of private marinas, is not allowed within the CBD and mixed use districts. As indicated above, the IPUD district is being targeted for this amendment given its intended application along certain segments of the City’s waterfront, its proximity to the “Preferred” facility siting designations as adopted in the County’s Manatee Protection Plan, the opportunity to combine such uses within a mixed-use setting and/or within a planned (master planned) project, and given the opportunity to increase the development or redevelopment potential of properties that have been affected by the residential real estate crisis. Although compatibility with residential neighborhoods continues to be a priority, it should be noted that the land use characteristics along that portion of the shore - 177 - designated for marinas is varied and includes a mix of 2 isolated single-family neighborhoods, townhomes, multi-family projects, two public parks (1 with boat ramps), vacant property and spotted commercial uses along US-1 (see Exhibit “B”). Furthermore, an older marina exists in this vicinity, just north of the City’s boundary and abutting The Peninsula project. With the application of the proposed standards and provisions, including all requirements and reviews necessary to maximize compatibility of land uses, staff promotes the subject amendments as an improvement to the IPUD zoning district and corridor, and mechanism to promoting desirable development activity and growth in the City’s tax base. MR Attachments S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 09-008 Water-dependent uses\Staff report - water related uses in IPUD.doc - 178 - - 179 - - 180 - - 181 - - 182 - - 183 - - 184 - - 185 - - 186 - - 187 - 12. E LEGAL December 1, 2009 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: DECEMBER 1, 2009 OMMISSION EETING ATE A/P CM’R NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT A NB DMINISTRATIVEEW USINESS NO CA L ATURE F ONSENT GENDAEGAL CC&L AI ODE OMPLIANCE EGAL GENDA TEM S UB ETTLEMENTSNFINISHED USINESS PH FAI UBLIC EARINGUTURE GENDA TEMS O O PENINGSTHER RACC: PROPOSED ORDINANCE 09-045 -- SECOND EQUESTED CTION BY ITY OMMISSION READING-- Request to adopt the 2009 update of the Capital Improvements Element (CIE) of the City's Comprehensive Plan for submittal to the Department of Community Affairs (DCA). ER: The annual update of the CIE is required by State law as described XPLANATION OF EQUEST in Section 163.3177(3)(b)2, Florida Statutes. The update is limited to the Capital Improvements Schedule (no amendments to objectives or policies are included). The Capital Improvements Element update is a Comprehensive Plan text amendment; however, as per 163.3177(3)(b)2 and 163.3187(1)(f)., F.S., it is exempt from the normal biannual Comprehensive Plan Amendment cycle. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES The proposed 2009 CIE update is consistent with the 2009/2010 Five Year Capital Improvements Plan, approved by the City Commission on September 22, 2009 as part of the City’s FY 2009/2010 Budget. FI: N/A ISCAL MPACT A: N/A LTERNATIVES - 188 - ORDINANCE NO. 09- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE CITY’S COMPREHENSIVE PLAN TO IMPLEMENT UPDATES TO THE CAPITAL IMPROVEMENT ELEMENT; INCLUDING PRELIMINARY CHANGES TO THE CAPITAL IMPROVEMENTS SCHEDULE; DEMONSTRATING FINANCIAL FEASIBILITY AS REQUIRED BY STATE STATUTE; PROVIDING DIRECTION FOR TRANSMITTAL OF THE PROPOSED COMPREHENSIVE PLAN AMENDMENTS TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, Section 163.3177(3)(b)(2), Florida Statutes, requires that the Capital Improvement Element of the City’s Comprehensive Plan be updated; and WHEREAS, Section 163.3184(15), F.S., requires that the Comprehensive Plan be adopted by the governing body of the local government by Ordinance; and WHEREAS, the Comprehensive Plan Capital Improvement Element 2009 update which updates the five (5) year Capital Improvement Schedule of the Capital Improvements Element of the City’s Comprehensive Plan; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing “Whereas” clauses are hereby ratified as true and correct and incorporated herein by this reference. Section 2. In order to comply with the provisions of Chapter 163, Florida Statutes, the City Commission hereby amends the Capital Improvement Element of the City’s Comprehensive Plan to incorporate changes to the Capital Improvements Schedule as more particularly set forth in the “City of Boynton Beach Comprehensive Plan Capital Improvements 2009 Update, December 1, 2009” a copy of Exhibit “A” which is attached hereto as and incorporated herein. Section 3. The City Commission hereby certifies that it shall and will conduct such public hearings as may be required pursuant to Chapter 163, Florida Statutes, as amended, in order to adopt the - 189 - Comprehensive Plan Amendments and so directs the City Administration to conduct and publish same, as provided by general law. Section 4. The City Commission hereby authorizes the appropriate City officials to submit the appropriate number of copies of this Ordinance and the City’s Comprehensive Plan, as amended herein, to the State of Florida Department of Community Affairs and to any other governmental agency having jurisdiction with regard to the approval of same in accordance with and pursuant to Chapter 163, Florida Statutes, and to keep available copies of the Plan Amendments available for public review and examination at Boynton Beach City Hall. If any clause, section or other part of this Ordinance shall be held by any court of Section 5. competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and in no way affecting the validity of the other provisions of this Ordinance. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict Section 6. herewith, be and the same are hereby repealed to the extent of such conflict. This Ordinance shall become effective upon its passage and adoption. Section 7. FIRST READING this ____ day of ______________, 2009. SECOND, FINAL READING AND PASSAGE this ____ day of _________, 2009. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor ______________________________ Vice Mayor – Woodrow L. Hay ______________________________ Commissioner – Ronald Weiland ______________________________ Commissioner – Jose Rodriguez _______________________________ Commissioner – Marlene Ross ATTEST: ___________________________ Janet M. Prainito, CMC City Clerk (Corporate Seal) - 190 - - 191 - City of Boynton Beach Comprehensive Plan Capital Improvements Element 2009 update December 1, 2009 City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 - 192 - Table of Contents Summary of the 2009 Update of the Capital Improvements Element ……… 1 CIS for Facilities Financed by Non-Enterprise Funds..………………..….....9a-(1-6) Summary Tables ....................................................................................... 9a-(1-3) CIS For Parks and Recreation ........................................................................ 9a-4 CIS For Roads .................................................................................................. 9a-5 CIS For Buildings/General Government ...................................................... 9a-6 CIS For Facilities Financed by Enterprise Funds Sources and Uses of Funds ............................................................................ 9a-7 Project Expenditures ....................................................................................... 9a-8 CIS For Palm Beach County School District - 193 - THE 2009 UPDATE OF CAPITAL IMPROVEMENT ELEMENT: SUMMARY The 2009 update of the Boynton Beach Capital Improvement Element is limited to the Capital Improvements Schedule; no objectives or policies are proposed for amendments. The 2009 update of the Boynton Beach 5-Year Capital Improvements Schedule (CIS) is significantly different from the 2008 CIS adopted on December 18 th, 2008. The ongoing economic recession and the continuing decline of real estate values caused a sharp drop in all City revenues, forcing a substantial overhaul of the CIS. The revenues are not likely to make a significant recovery within the next two years. The 2009 CIS is not - over its 5-year timetable – a financially feasible plan per the statutory definition. However, pursuant to Chapter 163.3177, the annual update to the capital improvements element of the comprehensive plan need not comply with the financial feasibility requirement until December 1, 2011. The City will reassess the plan prior to this date. Please note that the changes to the CIS in the 2009 update will not cause service provision to fall short of the adopted level of service standards. Population Projections The 2007 and 2008 population estimates for the City provided by the University of Florida’s Bureau of Economic and Business Research (BEBR) showed a small population decline, -0.3% for each year, while the preliminary 2009 estimate showed a small increase of about 0.5%. Given the margin of error in estimates, Boynton’s population growth for the last three years has been flat. As part of the 2007 CIS update, the City submitted its own population projections for the 2008- 2015 period, assuming an average (compounded) annual growth of 1.5%. The numbers, approved by the Department and coordinated with the South Florida Water Management District, were lower than those projected by Palm Beach County. By mid-2009, Palm Beach County generated new population projections for its municipalities based on the adjusted and substantially lower BEBR county-wide projections. Based on the new county numbers, the average projected annual growth of Boynton’s population for the 2009-2014 period under consideration in this update is also 1.5%. Therefore, the projections are comparable, as shown in the following table: Boynton Beach Population 2009 2010 2011 2012 2013 2014 Projections 66,8667,7669,5670,9472,26 PB County projections, 2009 66,834 2 0 9 2 2 City projections, at 1.5% annual 66,97867,9668,9669,9771,0072,04 change * 3 2 5 4 7 * 2009 preliminary BEBR estimate - 194 - PROPOSED CHANGES TO CIS: NON-ENTERPRISE FACILITIES Parks As per the analysis provided to the Department of Community Affairs in the 2007 CIS update, the City’s provision of developed parks is well above its adopted level of service of 2.5 acres of developed park per 1,000 population, and is projected to remain above the adopted LOS throughout the next 5 year planning period and beyond. While the City’s population growth has been flat for the last three years and long-term population projections have been adjusted accordingly, the development of new parks as planned for the next five years will add over 64 acres to the existing inventory. The current Palm Beach County’s population projections for Boynton Beach show the 2025 population at 81,406, about 22% increase over the current population of 66,978. If all proposed new parks are developed by 2025 and the projections turn out to be reasonably accurate, the actual level of service would rise from the current level of 3.5 acres to 3.7 acres per 1,000 population. Several new parks have been added to the 2009/2010 CIS, with development to commence in the 2013/2014 fiscal year. These new parks include FPL, Girl Scout, Nichols, Quantum, Winchester and Woolbright/Leisureville. Another addition is the redevelopment of the Sara Sims park, also planned for the 2013/2014. Meadows-Nautica park’s schedule has not changed. Money budgeted for the Barrier-Free Park on Congress Avenue (previously listed as Boundless Park) in 2008/2009 fiscal year has been deferred to fiscal year 2010/2011. Although a number of projects have been deferred or eliminated due to budget shortfalls, development of new parks and facility upgrades and replacements can be financed through the Park and Recreation Facilities Fund. This fund represents impact fee payments by developers of projects with a residential component; while residential construction remains at a virtual standstill, the fund has a positive balance and can be used as needed. The development schedule for new parks, however, needs to be considered in terms of its impact on the operational budget. Municipal Buildings/General Government The City Commission made a major decision regarding two large items in this section of the CIS to place on a March 2010 referendum ballot the construction of a new public safety facility and renovation (or demolition) of the old Boynton Beach High School. The school item has been removed from the 2009 CIS; the funding for the new police facility has been deferred to the 2010/2011 fiscal year. A number of smaller projects has been eliminated or deferred. Two major additions are repairs to the City Hall building and upgrades to the Mangrove Walk at the Marina (a boardwalk around the stormwater pond in the City’s downtown). - 195 - The funding was increased for the “Building Energy and Environmental Initiatives” item for the fiscal year 2009/2010. This project is intended primarily to replace aging mechanical and electrical infrastructure with components that are considerably more energy efficient. Major amendments to the Comprehensive Plan pertaining to energy conservation strategies, including promotion of “green” buildings, are planned for 2010. To correct the omission in the 2008 CIE update, the Fire Rescue CIS has been added to the non-enterprise facilities. As per Policy 9.1.1, the Capital Improvements Schedule “shall include facilities that promote public health and safety and all facilities for which the Level of Service Standard has been adopted”. Transportation There have not been major changes to the Transportation CIS (the heading of this item was changed from “Roads” to “Transportation” in recognition of other transportation modalities). The privately financed projects required as mitigation to the City’s CRALLS program are completed and have been removed from the CIS table. CHANGES IN REVENUE PROJECTIONS There are a number of changes in budgeted and planned revenues. These include: - No transfer from Public Service Gas Tax Debt Fund in the adopted budget for 2009/2010, as the previously planned amount will be redirected to the General Fund to help lower revenue shortfall for operations; - Projections for Local Option Gas Tax revenues lowered by about 60% as compared to the 2008 CIS figures, reflecting significantly lower gas prices and, possibly, a reduction in miles driven by local population; - Changed borrowing timeline: bond issue has been rescheduled for 2010/2011 (see comments above in the Municipal Buildings/General Government section) ; and - Addition of Fire Assessment revenues (see comments above in the Municipal Buildings/General Government section); and - Addition of several grants, mostly for construction of new parks in the outermost year of the current planning period. PROPOSED CHANGES TO CIS: ENTERPRISE FACILITIES Overview The projected utility CIS continues to be affected by factors and trends already present in 2008. Underlying the changes in the projected CI fund balances as compared to last year’s figures (see Sources and Uses of Funds) are deferred expenditures and, on the revenue side, increasing shortfalls in both CI and operating budgets, low reserves; generally issues pertaining to poor fiscal and economic environment. The City is deferring several projects and has restructured its borrowing schedule as shown by the table on the following page. The City will continue to review its options considering both the expenditure and the revenue sides. - 196 - On the expenditure side, the lower population growth may allow for further needs adjustment and, consequently, further delay of major projects. On the revenue side, more borrowing may be considered in the future. The sharp fall in Capital Facilities Charges as shown in the Sources and Uses table (the figures are at approximately 6% of values projected in 2008 CIS), reflects low development activity expected for the next 3 years. Note also the elimination of the $1,000,000 transfer from the Operating Budget from the current fiscal year as well as years 2012 and 2013. Changes in the borrowing schedule Type of 2008/2009 2009/2010 2010/2011 2011/2012 2012/2013 2012/2013 Bond/Description Revenue bond; City Commission approved increased rate schedule $20,000,000 $10,000,000$8,000,000$8,000,000 and capital facilities $11,100,000 $13,000,000 $17,000,000 $17,000,000 charges to ensure revenue for debt service (Ord. 07-023) State revolving loan (see above for debt service $6,000,000 $16,000,000 $4,000,000 $13,000,000 revenue). Funding of Selected Projects Project Name : Wellfield Interconnection; Project #109 Project Location : From West Wellfield to East Wellfield Project Description : This project involves constructing approximately 7 miles of large diameter water main from the western boundary to the eastern boundary of our service area. Project Justification : It will allow the City to utilize water from the western well field at both treatment plants, and reduce long-term demands at the eastern wellfield. The eastern field is limited due to its proximity to the Atlantic Ocean. (UE Obj. 3C.1, Policy 3C.1.10, 3D.1.1) Funding Source : Mixed: Capital Facilities and Reserve funds Estimated Cost 2008/2002009/2012010/2012011/2012012/2012013/201 9 0 1 2 3 4 Design 901,000 Construction 2,000,000 7,701,000 7,701,000 7,701,000 4,701,000 7,001,000 Other - 197 - TOTAL 2,901,000 7,701,000 7,701,000 7,701,000 4,701,000 7,001,000 Project Name: Construction of up to 5 new Floridan aquifer supply wells; Project #110 Project Location : Western portion of service area (see Map B) Project Description : The City is planning to construct up to 5 new Floridan aquifer supply wells in the western portion of its service area, so as to extract a potential 10-12 MGD of brackish water from the Floridan aquifer, for treatment at the West Water Treatment Plant. This project will include constructing the necessary pipelines to connect the new wells to the Treatment Plant site, and also construct a required monitoring well. Project Justification : The Floridan aquifer is a confined aquifer, and although brackish in nature, it is not impacted by droughts increasing demands on the surficial aquifer system. The added capacity afforded by these wells will be necessary to meet buildout demands. This new source of supply will require modifications to the West Treatment Plant, in order to successfully treat the higher salinity water found in the Floridan aquifer. (UE Obj. 3C.1) Funding Source : Mixed: Capital Facilities and Reserve funds Estimated Cost 2008/2002009/2012010/2012011/2012012/2012013/201 9 0 1 2 3 4 Design 500,000 Construction 5,433,000 5,933,000 5,933,000 3,683,000 3,933,000 2,000,000 Other 2,000,000 TOTAL 5,933,000 5,933,000 3,683,000 3,933,000 Project Name : West Water Treatment Plant re-design and modification to treat brackish water; Project # 111 Project Location : West Water Treatment Plant – 5469 W. Boynton Beach Blvd. Project Description : This project is coupled with water supply projects to interconnect the two existing wellfields, and install new Floridan Aquifer wells. The plant will be re-designed and modified to remove the additional dissolved solids found in the brackish water of the Floridan Aquifer. Project Justification : See above (UE Obj. 3C.1, Policy 3.C.1.3) Funding Source : Mixed: Capital Facilities and Reserve funds Estimated 2008/2009 2009/2010 2010/2011 2011/2012 2012/2013 1013/2014 Cost Design 500,000 610,000 500,000 Construction 1,150,000 3,825,000 2,935,000 1,150,000 Other TOTAL 1,650,000 3,435,000 3,435,000 1,650,000 - 198 - Project Name : Expansion of Reuse Water System; Project #1 Project Location:rdth Se 23 Ave., Seacrest Blvd. , SE 4 Street Project Description: The City of Boynton Beach, as a co-owner of the facility, is in the process of increasing the capacity of filters and disinfection units at the regional wastewater treatment plant. Eventually, the plant entire wastewater stream can be treated as irrigation-quality water. This project will include the expansion of the distribution system for reclaimed water. Project Justification : The City intends to use expansion of the reclaimed water system as a means of securing additional water allocations from the surficial aquifer. (UE Obj. 3.C.3) Funding Source : Capital Facilities Fund (expansion-related) Estimated 2008/2009 2009/2010 2010/2011 2011/2012 2012/2013 2013/2014 Cost Reuse - distribution Design 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 600,000 Construction Other TOTAL 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 600,000 Since the above changes are not reflected in the City’s 10-Year Water Supply Facilities Work Plan contained in the Utilities Element of the Comprehensive Plan, and further changes will be made in the subsequent years, internal inconsistency between the Capital Improvements and Utility elements will persist until the water supply plan is amended following the amendments to the Lower East Coast Water Supply Plan by the South Florida Water Management District. - 199 - CAPITAL IMPROVEMENTS SCHEDULE FOR FACILITIES FINANCED BY NON-ENTERPRISE FUNDS - 200 - - 201 - - 202 - - 203 - - 204 - - 205 - - 206 - - 207 - - 208 - - 209 - - 210 - - 211 - - 212 - CAPITAL IMPROVEMENTS SCHEDULE FOR ENTERPRISE FACILITIES - 213 - - 214 - - 215 - - 216 - - 217 - - 218 - - 219 - - 220 - - 221 - - 222 - - 223 - - 224 - - 225 - - 226 - - 227 - - 228 - - 229 - - 230 - 12. F LEGAL December 1, 2009 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: December 1, 2009 OMMISSION EETING ATE A/P CM’R NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT A NB DMINISTRATIVEEW USINESS NO CA L ATURE F ONSENT GENDAEGAL CC&L AI ODE OMPLIANCE EGAL GENDA TEM S UB ETTLEMENTSNFINISHED USINESS PH FAI UBLIC EARINGUTURE GENDA TEMS O O PENINGSTHER RACC: PROPOSED ORDINANCE NO. 09-046 -- Approve EQUESTED CTION BY ITY OMMISSION Ordinance Amending Stormwater Utility Fee to add a fifty cent ($0.50) surcharge to the monthly charge per equivalent residential unit (ERU) for a tidal canal dredging program. ER: On November 17, 2009 the City Commission accepted a joint XPLANATION OF EQUEST report of the City Attorney, Department of Public Works, and Engineering Division regarding Canal and Waterway Reclamation and Maintenance. Following consideration of the report and comments from the public, the City Commission took the following action: 1. Accepted the findings contained in the report. 2. Found that intrusion of aquatic vegetation in the fresh water canals constitutes a health, safety and welfare concern. 3. Directed City staff to implement a fresh water canal maintenance program funded by a twenty five cent per ERU ($0.25/ERU) monthly storm water utility fee surcharge, but directed a delay in maintenance of private canals until legal access is obtained from adjacent property owners. 4. Directed the City staff to provide analysis and feed back regarding dredging of tidal canals and established a fund for such activity by imposition of a fifty cent per ERU ($0.50/ERU) monthly storm water utility fee surcharge. A separate Ordinance addresses the maintenance of fresh water canals. Initiation of dredging will commence after (1) a survey of the tidal canals is performed to determine the extent of storm water silt accumulation in the tidal canals, and (2) means and methods of dredging are determined. - 231 - Whereas Please note that the Ordinance includes in the Fourth clause on page 1 that a finding by the City Commission that “dredging the tidal canals benefits the public interest by improving storm water drainage into the tidal canals; and opening or enhancing the navigability of the tidal canals by the general public.” H? The fees collected will be used to fund a OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES tidal canal dredging study and program. FI: The adoption of this Ordinance will result in a fifty cent per ERU ($0.50/ERU) ISCAL MPACT monthly increase in storm water utility fees effective January 1, 2010. With respect to an impact study, staff is obtaining a preliminary price quote of a study that will evaluate the sources of siltation and possible impact of dredging on boat docks, seawall as well as developing a regulatory agency check list that must be accomplished prior to a dredging program. Based on the actual number of Equivalent Residential Units billed in FY 2008-09, the following fees are projected through FY 2024-25 (15 years and 9 months) to fund the program for a funding cycle for dredging based on 2009 costs of $5.2 M. Fiscal YearMonthsTotal CommercialMulti-FamilyResidential 2009-109$ 251,000$ 86,900$ 61,300$ 102,800 $ 333,700$ 116,100$ 80,500$ 137,100 2010-1112 $ 4,671,800$ 1,625,400$ 1,127,000$ 1,919,400 2012 to 2025168 $ 5,256,500$ 1,828,400$ 1,268,800$ 2,159,300 Totals189 A: LTERNATIVES 1. Do not initiate a tidal canal dredging study or program, or 2. Limit the scope and coverage of the proposed dredging program; or 3. Delay the effective date of the Ordinance until the completion of the tidal canal survey. S:\CA\Agenda Request Forms\Cover Sheet - Canal Dredging Ord.doc - 232 - ORDINANCE NO. 09- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER 26. WATER, SEWERS AND CITY UTILITIES, ARTICLE VII, SECTION 26-403, TO ADD A NEW SUBSECTION (i) TO PROVIDE FOR A FIFTY CENT ($0.50) SURCHARGE TO THE MONTHLY CHARGE PER EQUIVALENT RESIDENTIAL UNIT (ERU) COMMENCING JANUARY 1, 2010 TO FUND A TIDAL CANAL DREDGING PROGRAM; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS , Chapter 26, Article VII of the City of Boynton Beach Code of Ordinances currently provides for the imposition of stormwater fees in the amount of $5.00 per ERU per month, upon all improved properties within the City; and WHEREAS , the City Commission, has deemed it appropriate and in the best interests of the citizens and residents of the City to impose a fifty cent ($0.50) per ERU per month surcharge for the funding of a tidal canal dredging program; and WHEREAS , the City Commission has directed the City administration to undertake a tidal canal survey to determine means and methods for dredging, identify the cost of a tidal canal dredging program, and, WHEREAS , the City Commission finds that dredging the tidal canals benefits the public interest by improving stormwater drainage into the tidal canals; and opening or enhancing the navigability of the tidal canals by the general public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2. That Chapter 26, Article VIII, Section 26-403 is hereby amended by adding the words and figures in underlined type, and by deleting the words and figures in struck-through type, as follows: Sec. 26-403. Schedule of rates. ... - 233 - (i) Commencing January 1, 2010 a fifty cent ($0.50) per ERU per month surcharge shall [a1] be collected to fund a tidal canal dredging program. Expenditure of funds is conditioned upon (1) the completion of the canal survey to determine the extent of stormwater silt accumulation in the tidal canals and (2) the dredging requirements to remove the silt. The surcharge funds collected shall be deposited in a separate “Tidal Canal Dredging Account” account in the Stormwater Utility Enterprise Fund. Section 3. Each and every other provision of Chapter 26, not herein specifically amended shall remain in full force and effect as previously enacted. Section 4. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 5. Should any section or provision of this Ordinance or portion hereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 6. Authority is hereby granted to codify said Ordinance. Section 7. This Ordinance shall become effective during the first full billing cycle after the adoption of the Ordinance on Second Reading. FIRST READING this ____ day of December, 2009. - 234 - SECOND, FINAL READING AND PASSAGE this ________ day of _______________, 2009. CITY OF BOYNTON BEACH, FLORIDA _____________________________ Mayor – Jerry Taylor _____________________________ Vice Mayor – Woodrow L. Hay _____________________________ Commissioner – Ronald Weiland _____________________________ Commissioner – Jose Rodriguez _____________________________ Commissioner – Marlene Ross ATTEST: ___________________________ Janet M. Prainito, CMC City Clerk (CORPORATE SEAL) - 235 - 12. G LEGAL December 1, 2009 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: December 1, 2009 OMMISSION EETING ATE A/P CM’R NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT A NB DMINISTRATIVEEW USINESS NO CA L ATURE F ONSENT GENDAEGAL CC&L AI ODE OMPLIANCE EGAL GENDA TEM S UB ETTLEMENTSNFINISHED USINESS PH FAI UBLIC EARINGUTURE GENDA TEMS O O PENINGSTHER RACC: PROPOSED ORDINANCE No. 09-046 -- Amending EQUESTED CTION BY ITY OMMISSION Stormwater Utility Fee to add a twenty-five cent ($0.25) surcharge to the monthly charge per equivalent residential unit (ERU) for a period of two years commencing January 1, 2010 for fresh water canal aquatic weed control maintenance program. ER: On November 17, 2009 the City Commission accepted a joint XPLANATION OF EQUEST report of the City Attorney, Department of Public Works, and Engineering Division regarding Canal and Waterway Reclamation and Maintenance. Following consideration of the report and comments from the public, the City Commission took the following action: 5. Accepted the findings contained in the report. 6. Found that intrusion of aquatic vegetation in the fresh water canals constitutes a health, safety and welfare concern. 7. Directed City staff to implement a fresh water canal maintenance program funded by a twenty five cent per ERU ($0.25/ERU) monthly storm water utility fee surcharge, but directed a delay in maintenance of private canals until legal access is obtained from adjacent property owners. 8. Directed the City staff to provide analysis and feed back regarding dredging of tidal canals and established a fund for such activity by imposition of a fifty cent per ERU ($0.50/ERU) monthly storm water utility fee surcharge. A separate Ordinance addresses the dredging of tidal canals. - 236 - This Ordinance concerns only the start up of an aquatic vegetation control program in the fresh water canals. The Ordinance contains a specific determination that the intrusion of aquatic vegetation in the fresh water canals impedes stormwater disbursement. Maintenance of the public fresh water canals will commence as soon as a contract is awarded. Maintenance of the private fresh water canals will commence once the property owners grant the City access rights and consents to perform the maintenance. Staff is currently obtaining price quotes from contractors. We also have an existing contract for canal work via piggyback with the Northern Palm Beach County Improvement District. That contract is several years old so we are comparing prices. Because of the Thanksgiving holiday, it was difficult to obtain price quotes. We anticipate having this information for the December 15, 2009 City Commission meeting to coincide with an anticipated second reading of this ordinance. H? The fees collected will be used to fund a OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES five year maintenance program to remove aquatic vegetation from the fresh water canals and treat the fresh water canals to prevent reoccurring infestation of aquatic vegetation. FI: The adoption of this Ordinance will result in a twenty five cent per ERU ISCAL MPACT ($0.25/ERU) monthly increase in stormwater utility fees for a period of two years effective January 1, 2010. Based on the actual number of Equivalent Residential Units billed in FY 2008-09, the following fees are projected to fund this program for the two year period over three fiscal years. Fiscal YearMonthsTotal CommercialMulti-FamilyResidential $ 125,500$ 43,500$ 30,600$ 51,400 2009-109 $ 166,900$ 58,100$ 40,300$ 68,500 2010-1112 $ 41,400$ 14,600$ 9,600$ 17,200 2011-123 Totals24$ 333,800$ 116,200$ 80,500$ 137,100 The estimated initial cost of establishing aquatic vegetation control and maintenance is: $125,000 and an average of $52,200 per year for the next four years for a total projected cost of $333,800. A: LTERNATIVES 4. Do not initiate canal aquatic vegetation control program, or 5. Limit the scope and coverage of the maintenance program S:\CA\Agenda Request Forms\Cover Sheet - Canal Maintenance Ord.doc - 237 - ORDINANCE NO. 09- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER 26. WATER, SEWERS AND CITY UTILITIES, ARTICLE VII, SECTION 26-403, TO ADD A NEW SUBSECTION (h) TO PROVIDE FOR A TWENTY-FIVE CENT ($0.25) SURCHARGE TO THE MONTHLY CHARGE PER EQUIVALENT RESIDENTIAL UNIT (ERU) FOR A PERIOD OF TWO YEARS COMMENCING JANUARY 1, 2010 TO FUND FRESH WATER CANAL VEGETATION REMOVAL AND MAINTENANCE; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS , Chapter 26, Article VII of the City of Boynton Beach Code of Ordinances currently provides for the imposition of stormwater fees in the amount of $5.00 per ERU per month, upon all improved properties within the City; and WHEREAS , the City Commission finds that the intrusion of aquatic vegetation into the fresh water canals constitutes a danger of entrapment and concealment to canal users and also finds that the vegetation, left uncontrolled, impedes the City’s stormwater drainage system; and WHEREAS , the City Commission has deemed it appropriate and in the best interests of the citizens and residents of the City to impose a twenty-five cent ($0.25) per ERU per month surcharge for the funding of fresh water canal vegetative removal and control program. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2. That Chapter 26, Article VIII, Section 26-403 is hereby amended by adding the words and figures in underlined type, and by deleting the words and figures in struck-through type, as follows: Sec. 26-403. Schedule of rates. ... (h) For a period of two (2) years commencing January 1, 2010 and ending December 31, 2012, a twenty-five ($0.25) per ERU per month surcharge shall be collected to fund a five (5) year fresh - 238 - water canal aquatic vegetation removal and control program. The surcharge funds collected shall be deposited in a separate “Fresh Water Canal Maintenance Account” account in the Stormwater Utility Enterprise Fund. Section 3. Each and every other provision of Chapter 26, not herein specifically amended shall remain in full force and effect as previously enacted. Section 4. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 5. Should any section or provision of this Ordinance or portion hereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 6. Authority is hereby granted to codify said Ordinance. Section 7. This Ordinance shall become effective during the first full billing cycle in 2010 after the adoption of the Ordinance on Second Reading. FIRST READING this ____ day of December, 2009. - 239 - SECOND, FINAL READING AND PASSAGE this ________ day of _______________, 2009. CITY OF BOYNTON BEACH, FLORIDA _____________________________ Mayor – Jerry Taylor _____________________________ Vice Mayor – Woodrow L. Hay _____________________________ Commissioner – Ronald Weiland _____________________________ Commissioner – Jose Rodriguez _____________________________ Commissioner – Marlene Ross ATTEST: ___________________________ Janet M. Prainito, CMC City Clerk (CORPORATE SEAL) - 240 -