The URL can be used to link to this page

Agenda 09-19-17The City of Boynton Beach City Commission Agenda Tuesday, September 19, 2017, 6:30 PM Commission Chambers 100 E. Boynton Beach Blvd., Boynton Beach, FL 33435 Regular City Commission Meeting and 2nd Budget Public Hearing Boynton Beach City Commission Mayor Steven B. Grant (At Large) Vice Mayor Justin Katz (District 1) Commissioner Mack McCray (District 11) Commissioner Christina L. Romelus (District III) Commissioner Joe Casello (District IV) Lori LaVerriere, City Manager James Cherof, City Attorney Judith A. Pyle, City Clerk *MISSION* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. www. boynton- beach. org Page 1 of 678 WELCOME Thank you for attending the City Commission Meeting GENERAL RULES AND PROCEDURES FOR PUBLIC PARTICIPATION AT CITYOF 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 and 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). Page 2 of 678 1. OPENINGS A. Call to Order - Mayor Steven B. Grant I nvocation Pledge of Allegiance to the Flag led by Vice Mayor Justin Katz Roll Call Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. OTHER A. PROPOSED RESOLUTION NO. R17-086- Ratification by City Commission of the Boynton Beach Community Redevelopment Agency (CRA) annual budget for fiscal year 2017-2018. B. Conduct Second Public Budget Hearing for FY 2017/2018 Annual Operating Budget. PROPOSED RESOLUTION NO. R17-087 - Adopt the final millage rate for the General Fund for Fiscal Year 2017-2018. PROPOSED RESOLUTION NO. R17-088 - Adopt the Final Budget for the General Fund and all other funds for Fiscal Year 2017-2018. C. Informational items by Members of the City Commission 3. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS A. Announcement of recent national, state and local awards received for the City's marketing and program initiatives. B. Proclaim October 5, 2017 as Energy Efficiency Day in the City of Boynton Beach. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (N/V Stu) openings exist: Arts Commission: 2 Alts Building Board of Adjustments & Appeals: 3 Regs and 2 Alts Employee Pension Board: 1 Reg Page 3 of 678 Library Bd: 1 Alt Senior Advisory Bd: 1 Alt 6. CONSENTAGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. PROPROSED RESOLUTION NO. R17- 089 - Authorize the Mayor to sign the application and agreement for Library State Aid to Public Libraries Grant for FY2017-2018. B. Approve utilizing the Palm Beach County School Board contract #16C -7T with Stokes Mechanical Contractor, Inc. of Lake Worth, FL to replace coils and repair (2) two carrier package units for the West Water Treatment Plant in the amount of $48,542. PBC School Board procurement process satisfies the City's competitive bid requirements. C. Approve funding in the amount not to exceed $12,000 for a Commercial Rent Reimbursement Grant to South Florida Stairs, Inc., 2901 Commerce Drive NW, Boynton Beach, FL 33426. D. Accept the written report to the Commission for purchases over $10,000 for the month of August 2017. E. Legal Expenses - August 2017 - Information at the request of the City Commission. No action required. F. Approve the minutes from the Special City Commission Workshop - Update on Town Square held on August 21, 2017. 7. BIDS AND PURCHASES OVER $100,000 A. Approve issuing purchase orders for the purpose of rehabilitating sidewalks in 11 separate projects that span 8 communities. Cobra Construction, Inc. of Boynton Beach in the amount of $136,608, plus a 10% contingency in the amount of $13,700 for a total cost of $150,308 and; The Paving Lady, Inc. of Boynton Beach in the amount of $18,000, plus a 10% contingency in the amount of $1,800 for a total cost of $19,800. This sidewalk project was divided into 11 projects in order to allow local businesses within Boynton Beach to quote on individual projects and to allow the city to award individual projects as opposed to issuing a formal bid for all projects together. 8. COMMUNITY STANDARDS and LEGAL SETTLEMENTS - None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. PROPOSED ORDINANCE NO. 17-023 - SECOND READING- PUBLIC HEARING -Approve LDR Amendments Group 3/CRA Plan Implementation (CDRV 17-007) —Amending the LAND DEVELOPMENT REGULATIONS, Chapters 1, 3, and 4 to continue implementing Community Redevelopment Plan recommendations with changes in the future land use classification scheme, and establishment of the new R-4, Multi -family Residential Zoning District including amendments and additions to definitions, and use and lot standards. City initiated. B. (1) PROPOSED ORDINANCE NO. 17-024 - SECOND READING - PUBLIC HEARING - Approve The Villages at East Ocean Avenue - North Future Land Use Map Amendment (LUAR 17-002) from Local Retail Commercial (LRC) to Mixed Use High (MXH). Applicant: Arthur B. Page 4 of 678 D'Almeida (2) PROPOSED ORDINANCE NO. 17-025 - SECOND READING - PUBLIC HEARING - Approve The Villages at East Ocean Avenue - North Rezoning (LUAR 17-002) from C-2 Neighborhood Commercial and C-3 Community Commercial to MU -C, Mixed Use Core District with a proposed site plan for 336 multi -family units and 12,257 square feet of commercial space. Applicant: Arthur B. D'Almeida C. PROPOSED ORDINANCE NO. 17-026 - SECOND READING - PUBLIC HEARING - Approve request for abandonment of a portion of rights-of-way (ABAN 17-002 through ABAN 17- 006) consisting mostly of unimproved streets and alleys between NE/SE 3rd Street and the FEC Railroad, from Boynton Beach Boulevard south to SE 1st Avenue, in conjunction with request for major site plan modification approval of the Villages at East Ocean mixed use project. Applicant: Arthur B. D'Almeida. D. Approve The Villages at East Ocean Avenue - North Major Site Plan Modification (MSPM 17- 003) request for a mixed-use development consisting of an eight (8) -story building with 336 dwelling units, commercial space, and associated recreational amenities and parking on a 3.379 acre site. Applicant: Arthur D'Almeida. (TABLED to September 19, 2017 to correspond with 2nd reading of the Land Use Amendment application.) E. (1) PROPOSED ORDINANCE NO: 17-027 - SECOND READING - PUBLIC HEARING - Approve The Villages at East Ocean - South Future Land Use Map Amendment (LUAR 17-003) from Local Retail Commercial (LRC) to Mixed Use Medium (MXM). Applicant: Arthur B. D'Almeida (2) PROPOSED ORDINANCE NO: 17-028 - SECOND READING - Approve The Villages at East Ocean - South Rezoning (LUAR 17-003) from C-2 Neighborhood Commercial to MU -2, Mixed Use 2 District with a proposed site plan for 35 multi -family units and 3,500 square feet of commercial space. Applicant: Arthur B. D'Almeida F. Approve The Village at East Ocean Avenue - South Major Site Plan Modification (MSPM 17-004) for a mixed-use development consisting of 35 dwelling units, commercial space, and associated recreational amenities and parking on a 1.764 acre site. Applicant: Arthur D'Almeida (TABLED to September 19, 2017 to correspond with 2nd reading of the Land Use Amendment application.) G. PROPOSED ORDINANCE NO. 17-029 - SECOND READING - PUBLIC HEARING - Approve Flood Prevention Requirements (CDRV 17-005) - Amending the LAND DEVELOPMENT REGULATIONS, Chapter 1, Article II, Definitions and Article VIII, Section 1.D, Appeals, Chapter 2, Article IV, Sections 2 and 4, and Chapter 4, Article X, to update definitions, Building Division Processes, Standards, and adopt Flood Insurance Rate Maps and Flood Insurance Study in accordance with the NFIP requirements. City initiated. (Ordinance number changed from 17-022 to 17-029 - scrivener error) H. PROPOSED ORDINANCE NO. 17-020 - SECOND READING - PUBLIC HEARING - AMEND THE LAND DEVELOPMENT REGULATIONS, Chapter 1, Article II. Definitions and Article V, Section 2, Workforce Housing Program, to convert the mandatory inclusionary zoning program to an incentivized program emphasizing project density and building height. (Second Reading advertised for September 19, 2017) 10. CITY MANAGER'S REPORT - None 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS - None 13. LEGAL - None 14. FUTURE AGENDA ITEMS Page 5 of 678 A. Discussion relating to the future of the Building Board of Adjustment and Appeals - October 3, 2017 B. Discussion of number of boards people are allowed to serve on at one time, attendance policies, eligibility rules and qualification of members for all boards- October 3, 2017 C. Staff to review and report concerning Florida Textile Recycling, LLC. FTR, LLC which provides automated clothing recycling as a non-profit corporation and provides funding to agencies for other non-profit uses - TBD D. Staff to research possibility of allowing dogs at the beach during certain hours and bring back to Commission - TBD E. The Mayor has requested to discuss the possibility of a resolution by the City in support of development of a boat lift at the C51 canal. - October 3, 2017 F. PROPOSED ORDINANCE NO. 17-021 - SECOND READING -Approve Town Square Future Land Use Map Amendment from Public and Private Governmental/Institutional (PPGI) and High Density Residential (HDR) to Mixed Use Medium (MXM) and rezone from PU Public Usage, REC Recreation and R-3 Multifamily to MU -3 Mixed Use 3 zoning district. City -initiated. (First Reading approved 8/15, Second Reading Pending Fl. Dept. of Economic Opportunity approval, which takes approximately 2 to 4 months.) PROPOSED ORDINANCE NO. 17-022 - SECOND READING - Amending Ordinance 02-013 to Rezone a Parcel of Land Described Herein and Commonly Referred to as Town Square From Public Usage (Pu); Recreation (Rec) And Multifamily (R-3) to Mixed Use 3 (Mu -3). G. Mayor Grant has requested discussion concerning registered lobbyists and their participation on City advisory boards - TBD H. Commission to consider temporarily suspending the enforcement actions of the Community Standards Division for those sections of the code that require corrective action, but may be unattainable due to conditions created by Hurricane Irma. 15. ADJOURNMENT NOTICE IFA PERSON DECIDES TO APPEALANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEEDA RECORD OF THE PROCEEDINGSAND, FOR SUCH PURPOSE, HUSHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING 1S MADE, WHICH RECORD INCLUDES THE TESTIMONYAND EVIDENCE UPON WHICH THEAPPEAL 1S TO BE BASED. (F. S. 286.0105) THE CITY SHALL FURNISH APPROPRIATEAUXII.IARYAIDSAND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL W1THA DISABILITYAN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, ORACTAVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CITY CLERKS OFFICE, (561) 742-6060 OR (TTY)1-800-955-8771, AT LEAST 48 HOURS PRIOR TO THE PROGRAM ORACTIVITY IN ORDER FOR THE CITY TO REA.SONABLYACCOMMODATE YOUR REQUEST. ADD1TIONALAGENDA ITEMS MAY BEADDED SUBSEQUENT TO THE PUBLICATION OF THEAGENDA ON THE C1TYS WEB SITE INFORMATION REGARDING 1TEMSADDED TO THEAGENDA AFTER IT 1S PUBLISHED ON THE C1TYS WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. Page 6 of 678 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/19/2017 REQUESTED ACTION BY COMMISSION: Call to Order - Mayor Steven B. Grant I nvocation Pledge of Allegiance to the Flag led by Vice Mayor Justin Katz Roll Call Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Non -budgeted ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: 1.A. OPENING ITEMS 9/19/2017 Page 7 of 678 2.A. OTHER 9/19/2017 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R17-086 - Ratification by City Commission of the Boynton Beach Community Redevelopment Agency (CRA) annual budget for fiscal year 2017-2018. EXPLANATION OF REQUEST: The Community Redevelopment Agency is a Special District created by the City Commission. Florida Statute requires that the budget of special districts be contained with in the general budget of the local governing authority and clearly stated as a budget of the dependent district. The Community Redevelopment Agency approved their FY 2017-2018 budget at its September 19, 2017 meeting. The attached resolution completes the annual process of accepting and approving the CRA budget. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: None ALTERNATIVES: None STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 8 of 678 ATTACHMENTS: Type D Resolution D Attachment D Attachment Description Resolution of the City Commission ratifying the CRA Budget CRA Special Meeting Notice CRA FY2017-18 Budget Page 9 of 678 I 2 RESOLUTION R17- 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA RATIFYING THE 2017-2018 ANNUAL BUDGET 6 FOR THE BOYNTON BEACH COMMUNITY 7 REDEVELOPMENT AGENCY AND PROVIDING AN 8 EFFECTIVE DATE. 9 10 WHEREAS, the Boynton Beach Community Redevelopment Agency was created 11 by Ordinance of the City Commission pursuant to Chapter 163, Florida Statutes. The 12 Redevelopment Agency has been designated a Florida Special District; and 13 WHEREAS, Florida Statutes 189.016 provides that the proposed budget of a 14 dependent special district, with the concurrence of the local governing authority, may be 15 budgeted separately; and 16 WHEREAS, a local governing authority may, in its discretion, review the budget or 17 tax levy of any special district located solely within its boundaries; and 18 WHEREAS, a final budget of the Boynton Beach Community Redevelopment 19 Agency has been reviewed and considered by the City Commission for the ensuing year, 20 with detailed information, and the administrative staff of the City has made 21 recommendations as to the amount necessary to be appropriated for the ensuing year. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 25 being true and correct and are hereby made a specific part of this Resolution upon adoption 26 hereof. 27 Section 2. The City Commission of the City of Boynton Beach, Florida hereby Page 10 of 678 I ratifies the adoption of the Boynton Beach Community Redevelopment Agency's 2017-2018 2 Annual Budget. 3 Section 3. This Resolution shall become effective immediately upon passage. 4 PASSED AND ADOPTED this day of , 2017. 5 6 CITY OF BOYNTON BEACH, FLORIDA 7 8 YES NO 9 10 Mayor — Steven B. Grant 11 12 Vice Mayor — Justin Katz 13 14 Commissioner — Mack McCray 15 16 Commissioner — Christina L. Romelus 17 18 Commissioner — Joe Casello 19 20 21 VOTE 22 23 ATTEST: 24 25 26 27 Judith A. Pyle, CMC 28 City Clerk 29 30 31 32 (Corporate Seal) 33 34 Page 11 of 678 NOTICE OF A SPECIAL COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING — TUESDAY, SEPTEMBER 19, 2017 AT A TIME NOT CERTAIN, FOLLOWING A CITY COMMISSION MEETING BEGINNING AT 6:30 PM You are hereby notified that a Special Community Redevelopment Agency Board Meeting will be held on Tuesday, September 19, 2017 at a time not certain but following as soon thereafter a City Commission Meeting which begins @ 6:30 pm in Commission Chambers at 100 East Boynton Beach Blvd., Boynton Beach, FL, for the purpose of discussion of: Boynton Beach Community Redevelopment Agency FY 2017 — 2018 Annual Budget Adoption Steven B. Grant, Chairperson Michael Simon, Executive Director Boynton Beach Community Redevelopment Agency 710 N. Federal Highway Boynton Beach, FL 33435 561-737-3256 NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CRA BOARD 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 CRA SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CRA AT (561) 737-3256 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE MEETING PROGRAM OR ACTIVITY IN ORDER FOR THE CRA TO REASONABLY ACCOMMODATE YOUR REQUEST. Page 12 of 678 I CRA BOARD MEETING OF: September 19, 2017 OLD BUSINESS AGENDA ITEM: XIII.D. SUBJECT: Consideration of Resolution 17-02 Adopting the CRA Budget for FY 2017 - 2018 SUMMARY: At the August 8, 2017 CRA Board Meeting, the Board reviewed and approved the proposed FY 2017-2018 Project Fund, General Fund, and Debt Service budgets. See Attachment I for Resolution No. 17-02 for the CRA Budget. See Attachment I I for the Board approved Budget FY 2017-2018. FISCAL IMPACT: Adoption of FY 2017-2018 CRA Budget CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approve Resolution No. 17-02 adopting the attached FY 2017-2018 Budget, subject to ratification by the City of Boynton Beach Commission on September 19, 2017. ATTACHMENTS: Description D Attachment I - R12-02 Budget Adoption FY 2017-2018 D Attachment II - FY2017-2018 Budget Page 13 of 678 RESOLUTION NO: R17-02 RESOLUTION OF THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY ADOPTING A BUDGET FOR THE FISCAL YEAR OCTOBER 1, 2017 TO SEPTEMBER 30, 2018, AND PROVIDING AN EFFECTIVE DATE. WITNESSETH: WHEREAS, the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (BBCRA), in order to implement its Community Redevelopment Plan and provide for its operating expenses, has prepared a Budget for the Fiscal Year beginning October 1, 2017 and ending September 30, 2018, attached hereto as Exhibit "A"; and WHEREAS, the Board has determined that said Budget is in the public's interest and is necessary to implement the BBCRA's goals and objectives. NOW, THEREFORE, BE IT RESOLVED THAT - 1. The Budget attached hereto as Exhibit "A" for financial operations of the Boynton Beach Community Redevelopment Agency for the period from October 1, 2017 through September 30, 2018 is hereby adopted. 2. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 12th day of September, 2017. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Steven B. Grant, Chair J. Casello S. Grant J. Katz M. McCray C. Romelus 0055,570-1 Page 14 of 678 o ^y Eat m o a 16 Y 46 Y- - m - - o _ - - - _ - " - m - w 7 3 > = oo LL v ry o y m . . v ry c m clo o _ So -I ry o'i - - " m co 'no m -I ry m 16 cc 46,46 16 Y cq Y _ 16 14 14 -:16v oN" " 1._Y,_ tD (D N V - to Im cD N �� - _ «�� o W O N O V O N LL V a 0 0 V O N D O It D O m M O N O p r O o = o U E o 13 O V n O ♦ ♦ V N ° V C C � a F i o m0 E `-o y c W 6 2o — 7 o .�°-o .�°-o oW On c m m a m C7 > E o o m >NYaaYi m mLL Z i¢¢ m c �_ r o o'\ a a m Z m� t o o c�rv00� �a o` LL oo o a m_ > O Z m o o r E O O o a — U m �mLL a`ro0�0 rO OOr ¢' 0 (m) o n m o a` E E O F 36..E C5 Zo! 'o ' o J m E 1 m m x O w ° 'o F o � r `m LL r 7 3 > = oo LL — c y E n 00 oo " E o c o U o - a` 2 2 W o E E E a K QQ \ " o LO 0 o" a 0 0 V O N D O It D O m M O N O p r O o = o U E o 3 o a` o n O ♦ ♦ V N ° V C C N - Zo > - '^ � A > U am m E E m o O d o j U o a�F'o � o n r �n �n N mN O m M N � m h h h �n O r Nin m �nm O O O N oo O 0 O O 0 O O O ' O Ln ' O O O m o�noo O N O m O Ln O OO C 0 C N ' O O' Ln o0 O O 0 0 O O n 0 00 O h O O O m 0 M O m O m h 0 Mcn Mm M m M M h - 0 0 o J C o ° - a c c U E (9 > m a c d c A o. o m 0 9 o E 5 c o m a° Q m N m a v m 'o o (?U o m a y o d° m m.oh m Uyo. ?av c EY Ho m �a m a s g A m Q m N o m w Y g ao w w U o£ m N m h v m o a r m E E -g o .o y 'E m 3 E c E m E '` o m o o D° D m E o°°— a o o o `m o c o r m 0 m o 2 2 m w o. U m m 3 w o. Z U o m U m U 2 m v o n m o a` E E O F 36..E C5 Zo! 'o ' o J m E 1 m m x O w ° 'o F o � r `m LL r 7 3 > = oo LL — c y E n 00 oo " E o c o U o - a` 2 2 W o E E E a K QQ \ " o LO 0 o" a 0 0 V O N D O It D O m M O N O p r O o = o U E o 3 o a` o n O ♦ ♦ V N ° V C C N - Zo > - '^ � A > U am m E E m o O d o j U o a�F'o � o n r o n m o a` E E O F 36..E C5 Zo! 'o ' o J m E 1 m m x O w ° 'o F Boynton Beach CRA General Fund - Budget Summary - FY 2017-2018 Tax Increment Revenue (TIF) $10,363,156 $10,363,156 $10,579,150 $11,461,518 $1,098,362 11% (a) Marina Rents & Fuel Sales $ 1,000,000 $ 1,000,000 $ 1,000,000 $ 1,000,000 $ - 0% Fund Balance Allocation - FY14-15 $ 668,607 $ 668,607 $ 668,607 $ - $ (668,607) -100% (b) Fund Balance Allocation - FY15-16 $ - $ 671,909 $ 671,909 $ - $ (671,909) -100% (c) Total Revenues $12,031,763 $12,703,672 $12,919,666 $12,461,518 $ (242,154) -2% EXPENSES CRA Board & Advisory Board $ 29,650 $ 29,650 $ 29,850 $ 30,500 $ 850 Administration Executive Department $ 455,422 $ 455,422 $ 460,886 $ 445,240 $ (10,182) Finance Department $ 282,679 $ 282,679 $ 265,622 $ 186,060 $ (96,619) Planning & Development Department $ 163,668 $ 163,668 $ 161,948 $ 115,290 $ (48,378) Marketing & Business Development $ 141,432 $ 141,432 $ 141,173 $ 167,620 $ 26,188 Special Events Department $ 104,696 $ 104,696 $ 104,596 $ 86,870 $ (17,826) Taxes, Employee Benefits, Compensated Absences, Workers Comp $ - $ - $ - $ 367,938 $ 367,938 Sub -Total $ 1,147,897 $ 1,147,897 $ 1,134,225 $ 1,369,018 $ 221,121 Other General Fund Expenses Insurances $ 179,250 $ 179,250 $ 164,250 $ 172,500 $ (6,750) Professional Services $ 252,000 $ 252,000 $ 227,000 $ 274,000 $ 22,000 Buildings, Grounds, Maintenance $ 505,545 $ 505,545 $ 449,045 $ 592,770 $ 87,225 Marina Operations $ 1,000,000 $ 1,000,000 $ 990,000 $ 1,000,000 $ - Information Technology $ 64,500 $ 64,500 $ 60,000 $ 80,550 $ 16,050 Contingency $ 100,000 $ 100,000 $ - $ 100,000 $ - Sub -Total $ 2,101,295 $ 2,101,295 $ 1,890,295 $ 2,219,820 $ 118,525 Total General Fund Operating $ 3,278,842 $ 3,278,842 $ 3,054,370 $ 3,619,338 $ 340,496 Operating Transfers Out Transfer to Debt Service Fund $ 2,140,220 $ 2,140,220 $ 2,140,220 $ 2,140,955 $ 735 Transfer to Project Fund $ 6,612,701 $ 7,284,610 $ 7,284,610 $ 6,701,225 $ (583,385) Sub -Total $ 8,752,921 $ 9,424,830 $ 9,424,830 $ 8,842,180 $ (582,650) Total General Fund Expenses & Transfers Out $12,031,763 $12,703,672 $12,479,200 $12,461,518 $ (242,154) NOTE: Administrative Costs As a % of General Fund 11% (a) Property values in CRA up 8.3% (b) Source: Audit ending 9/30/15 - General Fund, Unassigned Fund Balance; less $167,152 for insurance reserve. Total audited unassigned = $835,759. (c) Source: Audit ending 9/30/16 - General Fund, Unassigned Fund Balance; less $167,909 for insurance reserve. Total audited unassigned = $839,545. Resolution Budget #1 R17-01 CRA Board Approved 6/13/2017 (d) Due to (1) consolidation of FICA taxes, benefits, workers comp insurance, reemployment and compensated absences in one general ledger department, and (2) addition in Marketing Dept. of advertising costs for Woman's Club and Marina. Marina advertising formerly in Project Fund, moved to General Fund due to completion of all phases of construction. (e) Increase due to website redesign, cost allocation of medical clinic, Woman's Club maintenance costs and insurance, NovusAgenda and LaserFische software. 3% -2% -34% -30% 19% -17% N/A 19% (d) -4% 9% 17% 0% 25% 0% 6% (e) 10% 0% -8% -6% -2% Page 16 of 678 Dept. # Funding Source 49900 Transfers In from General Fund Boynton Beach CRA Debt Service Fund - Budget Summary FY 2016-2017 2017-2018 2017-2018 vs. Prior Year Original Amended Year End Increase/ Decrease Budget Budget I Estimate Budget I Amount I % $ 2,140,220 $ 2,140,220 $ 2,140,220 $ 2,140,955 $ 735 3 0.0% 2.8% 9.0% 0.2% 2.8% -7.8% -0.4% 0.0% 0.0% Page 17 of 678 Expenses Series 2012 (formerly Series 2004 & Series 2005A) - PNC Bank 59800-814 Principal $ 1,265,000 $ 1,265,000 $ 1,265,000 $ 1,300,000 $ 35,000 59800-824 Interest $ 360,935 $ 360,935 $ 360,935 $ 328,550 $ (32,385) Sub -Total $ 1,625,935 $ 1,625,935 $ 1,625,935 $ 1,628,550 $ 2,615 Series 2015 (formerly Series 20058) - BB&T 59800-815 Principal $ 360,000 $ 360,000 $ 360,000 $ 370,000 $ 10,000 59800-826 Interest $ 153,285 $ 153,285 $ 153,285 $ 141,405 $ (11,880) Sub -Total $ 513,285 $ 513,285 $ 513,285 $ 511,405 $ (1,880) 59800-830 Financial Agent Fees $ 1,000 $ 1,000 $ 1,000 $ 1,000 $ - Total Debt Service Expenses $ 2,140,220 $ 2,140,220 $ 2,140,220 $ 2,140,955 $ 735 3 0.0% 2.8% 9.0% 0.2% 2.8% -7.8% -0.4% 0.0% 0.0% Page 17 of 678 BOYNTON BEACH CRA AGGREGATE DEBT SERVICE REQUIREMENTS 7 YEAR 34% Series 2012 - PNC Bank(a) 39% Series 2015 - BB&T(b) 22% TOTAL FY 2017-2018 $ 1,628,551 $ 511,405 $ 2,139,956 FY 2018-2019 $ 1,626,271 $ 509,195 $ 2,135,466 FY 2019-2020 $ 1,628,197 $ 511,655 $ 2,139,852 FY 2020-2021 $ 1,623,202 $ 513,620 $ 2,136,822 FY 2021-2022 $ 1,629,439 $ 510,090 $ 2,139,529 FY 2022-2023 $ 1,624,600 $ 511,230 $ 2,135,830 FY 2023-2024 $ 1,627,943 $ 506,875 $ 2,134,818 FY 2024-2025 $ 1,564,236 $ 752,190 $ 2,316,426 FY 2025-2026 $ 1,569,168 $ 748,925 $ 2,318,093 Total Interest Rates $ 14,521,608 $ 2.56% Proiects Funded Throuah Bonds (2004 - 2012) Boynton Beach Blvd Ext/Promenade Walkway Property Acquisitions Marina Purchase Homeownership Assistance Grants Economic Development Grants Total 5,075,185 $ 3.30% 19,596,793 $ 10,022,149 34% $ 11,485,686 39% $ 6,393,700 22% $ 1,389,493 5% $ 320,648 1% $ 29,611,676 100% (a) Originally issued in 2004 for $18.9 million with net proceeds of $17.1 million (less reserve and insurance costs). Refunded in 2012 for a reduction in interest rate from 5% to 2.56% and interest rate savings of $2.6 million. (b) Originally issued in 2005 for $11.3 million with net proceeds of $10.0 million (less reserve and insurance costs). Refunded in 2015 for a reduction in interest rate from 5.6% to 3.3% and interest rate savings of $1.8 million. Note: Total interest rate savings on remaining debt realized of $4.4 million. 4 t Page 18 of 678 General Fund CRA BOARD & ADVISORY BOARD - 01- 51010 DETAIL 200 CONTRACTUAL EXPENSES $ 7,500 $ 7,500 $ 7,500 $ 7,500 Board Minutes & City Staff Costs CRA Board $ 7,500 $ 7,500 $ 4,000 $ 4,000 Advisory Board $ - $ - $ 3,500 $ 3,500 216 PUBLIC NOTICES SUMMARY 200 CONTRACTUAL EXPENSES 216 PUBLIC NOTICES 225 CONFERENCES, MEETINGS 227 DELIVERY SERVICES 310 OFFICE SUPPLIES DETAIL 200 CONTRACTUAL EXPENSES $ 7,500 $ 7,500 $ 7,500 $ 7,500 Board Minutes & City Staff Costs CRA Board $ 7,500 $ 7,500 $ 4,000 $ 4,000 Advisory Board $ - $ - $ 3,500 $ 3,500 216 PUBLIC NOTICES FY 2016-2017 FY 2017-2018 $ 6,500 $ 6,500 Original Budget Amended I Budget Year End I Estimate Budget Change Incr. $ 6,500 $ 6,500 Amount $ 7,500 $ 7,500 $ 7,500 $ 7,500 $ - $ 6,500 $ 6,500 $ 6,500 $ 6,500 $ - $ 14,500 $ 14,500 $14,500 $ 15,000 $ 500 $ 400 $ 400 $ 600 $ 750 $ 350 $ 750 $ 750 $ 750 $ 750 $ - Total $ 29,650 $ 29,650 $29,850 $ 30,500 $ 850 DETAIL 200 CONTRACTUAL EXPENSES $ 7,500 $ 7,500 $ 7,500 $ 7,500 Board Minutes & City Staff Costs CRA Board $ 7,500 $ 7,500 $ 4,000 $ 4,000 Advisory Board $ - $ - $ 3,500 $ 3,500 216 PUBLIC NOTICES $ 6,500 $ 6,500 $ 6,500 $ 6,500 Board Meetings & Legal Notices CRA Board $ 6,500 $ 6,500 $ 5,000 $ 5,000 Advisory Board $ - $ - $ 1,500 $ 1,500 CONFERENCES, MEETINGS, 225 WORKSHOPS (CRA Board) $ 14,500 $ 14,500 $14,500 $ 15,000 1. ABC's of CRAB $ - $ - $ - $ - 2. Florida Redevelopment Assoc. (FRA) $ 12,000 $ 12,000 $12,000 $ 12,000 3. Training, Workshops, Business Development Board $ 500 $ 500 $ 500 $ 500 $ 2,000 $ 2,000 $ 2,000 $ 2,500 4. FL League of Cities (shared with City) 227 DELIVERY SERVICES 310 OFFICE SUPPLIES CRA Board Advisory Board $ 400 $ 400 $ 600 $ 750 $ 750 $ 750 $ 750 $ 750 $ 600 $ 600 $ 600 $ 600 $ 150 $ 150 $ 150 $ 150 Notes: Increase due to increased redevelopment activity and delivery services to related legal, municipal, state and county agencies and League of Cities cost sharing. 1 0% 0% 3% 88% 0% 3% Page 19 of 678 General Fund EXECUTIVE DEPARTMENT- 01-51230 FY 2016-2017 FY 2017-2018 Total $ 455,422 $ 455,422 $ 460,886 $ 445,240 $ (10,182) -2% DETAIL Salaries Executive Director SUMMARY I Budget I Budget I Estimate I Budget I Amount I% Marketing/Events/Eco. Devi. Asst. 100 PERSONNEL SERVICES $ 409,752 $409,752 $418,116 $ 384,900 $ (24,852) -6% 115 AUTO ALLOWANCE $ 3,000 $ 3,000 $ 3,000 $ 5,220 $ 2,220 74% 225 CONFERENCES, MEETINGS $ 12,400 $ 12,400 $ 9,000 $ 16,500 $ 4,100 33% 226 MEMBERSHIP DUES $ 7,535 $ 7,535 $ 7,535 $ 11,385 $ 3,850 51% 227 DELIVERY SERVICES $ 500 $ 500 $ 500 $ 500 $ - 0% 229 CAREER DEVELOPMENT $ 12,500 $ 12,500 $ 12,500 $ 16,500 $ 4,000 32% 310 OFFICE SUPPLIES $ 2,500 $ 2,500 $ 3,000 $ 3,000 $ 500 20% 315 POSTAGE $ 2,500 $ 2,500 $ 2,500 $ 2,500 $ - 0% 340 CELLULAR PHONES $ 2,880 $ 2,880 $ 2,880 $ 2,880 $ 0% 355 SUBSCRIPTIONS $ 605 $ 605 $ 605 $ 605 $ 0% 360 BOOKS & PUBLICATIONS $ 250 $ 250 $ 250 $ 250 $ 0% 400 EQUIPMENT COSTS $ 1,000 $ 1,000 $ 1,000 $ 1,000 $ 0% Total $ 455,422 $ 455,422 $ 460,886 $ 445,240 $ (10,182) -2% DETAIL Salaries Executive Director Notes: Decrease in personnel services due to Development Services position moved to Planning Department and taxes and benefits consolidated in 01-59000 Taxes & Employee Benefits department. Auto allowance, conferences, memberships and career development increased for Assistant Director addition to Executive Department (previously in Planning Department). Page 20 of 678 Development Services Specialist $ 62,548 $ 62,548 $ 68,303 $ - Marketing/Events/Eco. Devi. Asst. $ 35,000 $ 35,000 $ 40,000 $ 42,500 Overtime - Non -Exempt $ 2,500 $ 2,500 $ 2,500 $ 2,500 Administrative Assistant $ 35,000 $ 35,000 $ 40,000 $ Administrative Services Manager $ $ $ $ 50,000 Part -Time Employee(s) $ 11,700 $ 11,700 $ $ 36,400 Taxes & Benefits $ 132,313 $132,313 $132,313 $ 115 AUTO ALLOWANCE $ 3,000 $ 3,000 $ 3,000 $ 5,220 225 CONFERENCES/MEETINGS/WORKSHOPS $ 12,400 $ 12,400 $ 9,000 $ 16,500 Regional - Local Meetings & Seminars $ 2,500 $ 2,500 $ 2,000 $ 3,500 National Conference $ 4,000 $ 4,000 $ 2,500 $ 6,000 State Conference $ 3,500 $ 3,500 $ 2,500 $ 5,000 Mileage $ 2,400 $ 2,400 $ 2,000 $ 2,000 226 MEMBERSHIP DUES $ 7,535 $ 7,535 $ 7,535 $ 11,385 Urban Land Institute (ULI) $ 600 $ 600 $ 600 $ 600 American Planning Association (APA) $ 810 $ 810 $ 810 $ 810 Florida Redevelopment Association (FRA) $ 1,500 $ 1,500 $ 1,500 $ 1,500 American Institute of Planners (AICP) $ 500 $ 500 $ 500 $ 500 Business Development Board (BDB) $ 2,250 $ 2,250 $ 2,250 $ 2,250 Int'I. Council of Shopping Centers (ICSC) $ - $ - $ - $ 500 American Institute of Architects (AIA) $ - $ - $ - $ 1,250 Realtors Commercial Alliance $ 350 $ 350 $ 350 $ 350 NAIOP Commercial Real Estate Association $ 625 $ 625 $ 625 $ 625 Multiple Listing Service & Realtors Assoc. $ - $ - $ - $ 1,100 Realtors Association of Palm Beaches $ - $ - $ - $ 1,000 Int'I. Economic Development Council (IEDC) $ 500 $ 500 $ 500 $ 500 Chamber of Commerce $ 400 $ 400 $ 400 $ 400 227 DELIVERY SERVICES $ 500 $ 500 $ 500 $ 500 229 CAREER DEVELOPMENT $ 12,500 $ 12,500 $ 12,500 $ 16,500 American Planning Assoc. Cont. Prof. Ed. $ 3,000 $ 3,000 $ 3,000 $ 3,000 Int'I. Economic Development Council (IEDC) $ 3,500 $ 3,500 $ 3,500 $ 3,500 FRA Continuing Education $ 4,000 $ 4,000 $ 4,000 $ 5,500 AIA Continuing Education $ - $ - $ - $ 2,500 Florida Festivals & Events $ 2,000 $ 2,000 $ 2,000 $ 2,000 310 OFFICE SUPPLIES $ 2,500 $ 2,500 $ 3,000 $ 3,000 315 POSTAGE $ 2,500 $ 2,500 $ 2,500 $ 2,500 340 CELLULAR PHONES $ 2,880 $ 2,880 $ 2,880 $ 2,880 355 SUBSCRIPTIONS $ 605 $ 605 $ 605 $ 605 Florida Trend $ 250 $ 250 $ 250 $ 250 South Florida Business Journal $ 130 $ 130 $ 130 $ 130 Downtown Idea Exchange $ 225 $ 225 $ 225 $ 225 360 BOOKS & PUBLICATIONS $ 250 $ 250 $ 250 $ 250 400 EQUIPMENT COSTS $ 1,000 $ 1,000 $ 1,000 $ 1,000 Notes: Decrease in personnel services due to Development Services position moved to Planning Department and taxes and benefits consolidated in 01-59000 Taxes & Employee Benefits department. Auto allowance, conferences, memberships and career development increased for Assistant Director addition to Executive Department (previously in Planning Department). Page 20 of 678 General Fund FINANCE DEPARTMENT - 01-51325 FY 2016-2017 FY 2017-2018 Estimate 200 CONTRACTUAL EXPENSES $ 250 $ 250 $ 250 $ 250 $ 0% 201 BANK FEES $ 2,000 $ 2,000 $ 3,000 $ 3,000 $ 1,000 50% 225 CONFERENCES, MEETINGS $ 10,450 $ 10,450 $ 10,450 $ 10,450 $ - 0% 226 MEMBERSHIP DUES $ 820 $ 820 $ 820 $ 820 $ 0% 227 DELIVERY SERVICES $ 500 $ 500 $ 500 $ 500 $ 0% 229 CAREER DEVELOPMENT $ 5,000 $ 5,000 $ 5,000 $ 5,000 $ 0% 310 OFFICE SUPPLIES $ 2,500 $ 2,500 $ 2,500 $ 2,500 $ 0% 340 CELLULAR PHONES $ 1,440 $ 1,440 $ 1,440 $ 1,440 $ 0% 355 SUBSCRIPTIONS $ 1,300 $ 1,300 $ 1,200 $ 1,300 $ 0% 360 BOOKS & PUBLICATIONS $ 700 $ 700 $ 700 $ 700 $ 0% 365 OFFICE PRINTING COSTS $ 300 $ 300 $ 600 $ 600 $ 300 100% 400 EQUIPMENT COSTS $ 1,500 $ 1,500 $ 1,500 $ 1,500 $ - 0% Total $ 282,679 $282,679 $265,622 $ 186,060 $ (96,619) -34% DETAIL CONFERENCES, MEETINGS, WORKSHOPS $ 10,450 $ 10,450 $ 100 PERSONNEL SERVICES $ 255,919 $255,919 $237,662 $ 158,000 Salaries Finance Director $ 101,036 $101,036 $ 93,000 $ 93,000 Finance Specialist $ 75,221 $ 75,221 $ 65,000 $ 65,000 Taxes & Benefits $ 79,662 $ 79,662 $ 79,662 $ - CONTRACTUAL EXPENSES -Florida Dept. of 200 Economic Opportunity $ 250 $ 250 $ 250 $ 250 201 BANK FEES $ 2,000 $ 2,000 $ 3,000 $ 3,000 225 CONFERENCES, MEETINGS, WORKSHOPS $ 10,450 $ 10,450 $ 10,450 $ 10,450 Regional - Local Meetings & Seminars $ 750 $ 750 $ 750 $ 750 $ Mileage $ 700 $ 700 $ 700 $ 700 Financial Systems Conference (INCODE) $ 4,000 $ 4,000 $ 4,000 $ 4,000 $ Florida Redevelopment Association (FRA) $ 3,000 $ 3,000 $ 3,000 $ 3,000 600 Budget Meeting $ 2,000 $ 2,000 $ 2,000 $ 2,000 226 MEMBERSHIP DUES $ 820 $ 820 $ 820 $ 820 FL Government Finance Officers Assoc. (FGFOA) $ 300 $ 300 $ 300 $ 300 Government Finance Officers Assoc. (GFOA) $ 320 $ 320 $ 320 $ 320 Society for Human Resource Management $ 200 $ 200 $ 200 $ 200 227 DELIVERY SERVICES $ 500 $ 500 $ 500 $ 500 229 CAREER DEVELOPMENT $ 5,000 $ 5,000 $ 5,000 $ 5,000 Finance Certification Programs/Continuing Ed.) - GFOA/FGFOA $ 5,000 $ 5,000 $ 5,000 $ 5,000 310 OFFICE SUPPLIES $ 2,500 $ 2,500 $ 2,500 $ 2,500 340 CELLULAR PHONES $ 1,440 $ 1,440 $ 1,440 $ 1,440 355 SUBSCRIPTIONS - Financial Reporting Agencies $ 1,300 $ 1,300 $ 1,200 $ 1,300 360 BOOKS & PUBLICATIONS $ 700 $ 700 $ 700 $ 700 365 OFFICE PRINTING COSTS -Check Stock/1099s $ 300 $ 300 $ 600 $ 600 400 EQUIPMENT COSTS $ 1,500 $ 1,500 $ 1,500 $ 1,500 Notes: Decrease due to all employee taxes and benefits consolidated in 01-59000 Taxes & Employee Benefits department. 3 Page 21 of 678 General Fund PLANNING & DEVELOPMENT DEPARTMENT - 01-51440 FY 2016-2017 IFY 2017-2018 Original Amended Year End I I Change Incr/(Decr) SUMMARY I Budget Budget Estimate I Budget I Amount I % 225 CONFERENCES, MEETINGS $ 4,820 $ 4,820 $ 4,820 $ 29,820 $ 25,000 519% 226 MEMBERSHIP DUES $ 2,100 $ 2,100 $ 2,100 $ 350 $ (1,750) -83% 227 DELIVERY SERVICES $ 300 $ 300 $ 300 $ 300 $ - 0% 229 CAREER DEVELOPMENT $ 4,300 $ 4,300 $ 4,200 $ 4,300 $ - 0% 310 OFFICE SUPPLIES $ 1,500 $ 1,500 $ 1,500 $ 1,500 $ - 0% 340 CELLULAR PHONES $ 900 $ 900 $ 720 $ 720 $ (180) -20% 355 SUBSCRIPTIONS $ 2,640 $ 2,640 $ 1,200 $ 1,500 $ (1,140) -43% 360 BOOKS & PUBLICATIONS $ 300 $ 300 $ 300 $ 300 $ - 0% 365 OFFICE PRINTING COSTS $ 1,500 $ 1,500 $ 1,500 $ 1,500 $ - 0% Total $ 163,668 $ 163,668 $ 161,948 $ 115,290 $ (48,378) -30% 100 PERSONNEL SERVICES $ 145,308 $ 145,308 $ 145,308 $ 75,000 Salaries Assistant Director $ 101,275 $ 101,275 $ 101,275 $ - Development Services Manager $ - $ - $ - $ 75,000 Taxes & Benefits $ 44,033 $ 44,033 $ 44,033 $ - 225 CONFERENCES, MEETINGS, WORKSHOPS $ 4,820 $ 4,820 $ 4,820 $ 29,820 Regional - Local Meetings & Seminars $ 2,000 $ 2,000 $ 2,000 $ 2,000 Mileage $ 1,320 $ 1,320 $ 1,320 $ 1,320 Economic Development Conferences $ 1,500 $ 1,500 $ 1,500 $ 1,500 Community Workshops & Meetings $ - $ - $ - $ 25,000 226 MEMBERSHIP DUES $ 2,100 $ 2,100 $ 2,100 $ 350 Realtors Commercial Alliance $ - $ - $ - $ 350 Multiple Listing Service & Realtors Assoc. $ 1,100 $ 1,100 $ 1,100 $ - Realtors Association of Palm Beaches $ 1,000 $ 1,000 $ 1,000 $ - 227 DELIVERY SERVICES $ 300 $ 300 $ 300 $ 300 229 CAREER DEVELOPMENT $ 4,300 $ 4,300 $ 4,200 $ 4,300 310 Redevelopment Continuing Education Florida Redevelopment Association (FRA) OFFICE SUPPLIES $ $ $ 2,500 1,800 1,500 $ $ $ 2,500 1,800 1,500 $ $ $ 2,500 1,700 1,500 $ $ $ 2,500 1,800 1,500 340 CELLULAR PHONES $ 900 $ 900 $ 720 $ 720 355 SUBSCRIPTIONS - LoopNet $ 2,640 $ 2,640 $ 1,200 $ 1,500 360 BOOKS & PUBLICATIONS $ 300 $ 300 $ 300 $ 300 365 OFFICE PRINTING COSTS $ 1,500 $ 1,500 $ 1,500 $ 1,500 Notes: Decreases due to Assistant Director position moved to Executive Department with associated expenses. Community Workshops & Meetings moved from Project Fund to General Fund. Page 22 of 678 General Fund MARKETING & BUSINESS DEVELOPMENT 01-57400 SUMMARY MEMBERSHIP DUES FY 2016-2017 Original Amended Budget Budget I Year End Estimate FY 2017-2018 Budget Change Incr/(Decr) Amount % 100 PERSONNEL SERVICES $ 88,737 $ 88,737 $ 89,128 $ 61,035 $ (27,702) -31% 2,500 ADVERTISING/COMMUNITYMOMAN'S $ 3,000 $ 3,000 Bureau (represents 50% of cost to be shared 216 CLUB/MARINA $ 6,000 $ 6,000 $ 5,000 $ 58,540 $ 52,540 876% 218 MARKETING/WOMAN'S CLUB COLLATERAL $ 5,000 $ 5,000 $ 5,000 $ 5,000 $ - 0% 225 CONFERENCES, MEETINGS $ 5,900 $ 5,900 $ 5,900 $ 5,900 $ - 0% 226 MEMBERSHIP DUES $ 5,250 $ 5,250 $ 5,800 $ 5,800 $ 550 10% 227 POSTAGE $ 4,000 $ 4,000 $ 3,000 $ 4,000 $ - 0% 229 CAREER DEVELOPMENT $ 1,800 $ 1,800 $ 2,500 $ 2,500 $ 700 39% 236 PHOTOGRAPHY & VIDEOS $ 15,000 $ 15,000 $ 15,000 $ 15,000 $ - 0% 310 OFFICE SUPPLIES $ 1,500 $ 1,500 $ 1,500 $ 1,500 $ 0% 340 CELLULAR PHONES $ 720 $ 720 $ 720 $ 720 $ 0% 355 SUBSCRIPTIONS $ 1,325 $ 1,325 $ 1,425 $ 1,425 $ 100 8% 360 BOOKS & PUBLICATIONS $ 200 $ 200 $ 200 $ 200 $ - 0% 365 MARKETING PRINTING COSTS $ 6,000 $ 6,000 $ 6,000 $ 6,000 $ - 0% Total $ 141,432 $141,432 $141,173 $ 167,620 $ 26,188 19% DETAIL 100 PERSONNEL SERVICES $ 88,737 $ 88,737 $ 89,128 $ 61,035 Salaries Marketing & Business Development Specialist $ 58,407 $ 58,407 $ 61,035 $ 61,035 Taxes & Benefits $ 30,330 $ 30,330 $ 28,093 $ - ADVERTISING-COMMUNITY/WOMAN'S 216 CLUB/MARINA $ 6,000 $ 6,000 $ 5,000 $ 58,540 Community Advertising $ 6,000 $ 6,000 $ 5,000 $ 6,000 Women's Club $ - $ - $ - $ 10,000 Marina $ - $ - $ - $ 42,540 218 MARKETING & WOMAN'S CLUB COLLATERAL $ 5,000 $ 5,000 $ 5,000 $ 5,000 225 CONFERENCES, MEETINGS, WORKSHOPS $ 5,900 $ 5,900 $ 5,900 $ 5,900 Regional - Local Meetings & Seminars $ 800 $ 800 $ 800 $ 800 Mileage $ 800 $ 800 $ 800 $ 800 State Marketing-related Conferences $ 1,000 $ 1,000 $ 1,000 $ 1,000 Visit Florida Governor's Conference (with City) $ 1,500 $ 1,500 $ 1,500 $ 1,500 Florida Redevelopment Association (FRA) $ 1,800 $ 1,800 $ 1,800 $ 1,800 226 MEMBERSHIP DUES $ 5,250 $ 5,250 $ 5,800 $ 5,800 Visit Florida $ 475 $ 475 $ 475 $ 475 Palm Beach County Convention & Visitors $ 2,500 $ 2,500 $ 3,000 $ 3,000 Bureau (represents 50% of cost to be shared with City) International Downtown Association (IDA) $ 1,725 $ 1,725 $ 1,725 $ 1,725 Gold Coast Public Relations Council $ 50 $ 50 $ 100 $ 100 International Festivals & Events Association $ 500 $ 500 $ 500 $ 500 227 POSTAGE $ 4,000 $ 4,000 $ 3,000 $ 4,000 229 CAREER DEVELOPMENT $ 1,800 $ 1,800 $ 2,500 $ 2,500 Florida Festivals & Events Training $ 1,800 $ 1,800 $ 2,500 $ 2,500 236 PHOTOGRAPHY, VIDEOS, PROMOTIONAL $ 15,000 $ 15,000 $ 15,000 $ 15,000 310 OFFICE SUPPLIES $ 1,500 $ 1,500 $ 1,500 $ 1,500 340 CELLULAR PHONES $ 720 $ 720 $ 720 $ 720 355 SUBSCRIPTIONS $ 1,325 $ 1,325 $ 1,425 $ 1,425 Palm Beach Post $ 425 $ 425 $ 475 $ 475 Sun -Sentinel $ 475 $ 475 $ 475 $ 475 Wall Street Journal $ 425 $ 425 $ 475 $ 475 360 BOOKS & PUBLICATIONS $ 200 $ 200 $ 200 $ 200 365 MARKETING PRINTING COSTS $ 6,000 $ 6,000 $ 6,000 $ 6,000 Notes: Decrease in Personnel Services due to all employee taxes and benefits consolidated in 01-59000 Taxes & Employee Benefits department. Increase in advertising due to (1) acquisition of Women's Club in FY16-17, and (2) Marina advertising and collateral costs moved from Project Fund to General Fund since all phases of Marina construction completed in FY 16-17. Page 23 of 678 BOYNTON BEACH CRA FY 2017-2018 MARINA MARKETING BUDGET - GENERAL FUND 01-57400 Project Seahorse Marina collaborative with City, Palm Beach County $ 5,000 Promotional Collateral Design & Develop a custom brochure, promotional rack cards for the $ 4,000 Marina Coastal Angler 6 1/4 page ads in Coastal Angler Magazine 10,000 circulation $1,440 $ 2,070 creative $630 One custom email for $2,400 — promoting the CRA district and the Marina Marketing amenities available (Marina, dining, eco -adventure) Discover the Palm Native advertising: $1,760 (approximately 90,000 impressions, can run in $ 5,000 Beaches certain time periods to promote the Marina)$840.00 ad placement Waterway Guide Website presence on Waterway Guide.com 1/2 page ad in the annual $ 4,760 hard copy and magazine creative $185 Western community Create and produce 5 full page ads in the Neighborhood News to reach out $ 5 325 Marina Campaign to the Western Community creative 5 ads $825 ' Hotel Touch Screens & Marina information in all the local Hotels at the Touch screens in the lobby $ 2,800 Maps and map circulation 100,000 printed and distributed Visit Florida Rack cards design and development of rack cards to promote Promotional Collateral the Boynton Harbor Marina at the Florida Turnpike Welcome Centers $ 4,000 working with Visit Florida and Discover the Palm Beaches annual fee is $301.61 Printing for 5 locations on 195 from Stateline down to Miami Design 1/4 page ad in Marina Life magazine quarterly and placement on Marina Life the website with a featured listing social media presence contract is for $ 3,400 $2,400 creative 4 ad $1,000 Discover the Palm Full page ad in the Discover the Palm Beaches Visitors guide book Beaches visitors book located in all the Palm Beach county hotel rooms to promote the Marina $ 3,200 creative $200 Delray News 3 Full page ad placement to promote the Marina $795 creative 3 ads $600 $ 2,985 Total Marina Marketing $425540 Page 24 of 678 General Fund CONFERENCES, MEETINGS, WORKSHOPS $ 6,100 $ 6,100 $ 6,100 $ 6,100 SPECIAL EVENTS - 01-57500 Regional - Local Meetings & Seminars FY 2016-2017 FY 2017-2018 $ 1,500 $ 1,500 $ Original Budget Amended I Budget Year End I Estimate $ Budget Change Incr/(Decr) 1,000 SUMMARY Amount % 100 PERSONNEL SERVICES State Event -related Travel $ 72,826 $ 72,826 $ 72,826 $ 55,000 $ (17,826) -24% 225 CONFERENCES, MEETINGS $ 6,100 $ 6,100 $ 6,100 $ 6,100 $ - 0% 226 MEMBERSHIP DUES Florida Redevelopment Association (FRA) $ 500 $ 500 $ 500 $ 500 $ - 0% 229 CAREER DEVELOPMENT MEMBERSHIP DUES $ 2,500 $ 2,500 $ 2,500 $ 2,500 $ - 0% 310 OFFICE SUPPLIES Florida Festival & Events $ 1,500 $ 1,500 $ 1,500 $ 1,500 $ - 0% 340 CELLULAR PHONES CAREER DEVELOPMENT $ 720 $ 720 $ 720 $ 720 $ - 0% 355 SUBSCRIPTIONS Events Training $ 250 $ 250 $ 250 $ 250 $ - 0% 360 BOOKS & PUBLICATIONS OFFICE SUPPLIES $ 300 $ 300 $ 200 $ 300 $ - 0% 365 OFFICE PRINTING COSTS CELLULAR PHONES $ 20,000 $ 20,000 $ 20,000 $ 20,000 $ - 0% 720 355 Total $ 104,696 $ 104,696 $ 104,596 $ 86,870 $ (17,826) -17% DETAIL 100 PERSONNEL SERVICES $ 72,826 $ 72,826 $ 72,826 $ 55,000 Salaries Special Events Coordinator $ 46,350 $ 46,350 $ 50,000 $ 55,000 Taxes & Benefits $ 26,476 $ 26,476 $ 22,826 $ - 225 CONFERENCES, MEETINGS, WORKSHOPS $ 6,100 $ 6,100 $ 6,100 $ 6,100 Regional - Local Meetings & Seminars $ 1,500 $ 1,500 $ 1,500 $ 1,500 Mileage $ 1,000 $ 1,000 $ 1,000 $ 1,000 State Event -related Travel $ 1,800 $ 1,800 $ 1,800 $ 1,800 $ 1,800 $ 1,800 $ 1,800 $ 1,800 Florida Redevelopment Association (FRA) 226 MEMBERSHIP DUES $ 500 $ 500 $ 500 $ 500 Florida Festival & Events $ 500 $ 500 $ 500 $ 500 229 CAREER DEVELOPMENT $ 2,500 $ 2,500 $ 2,500 $ 2,500 Events Training $ 2,500 $ 2,500 $ 2,500 $ 2,500 310 OFFICE SUPPLIES $ 1,500 $ 1,500 $ 1,500 $ 1,500 340 CELLULAR PHONES $ 720 $ 720 $ 720 $ 720 355 SUBSCRIPTIONS $ 250 $ 250 $ 250 $ 250 360 BOOKS & PUBLICATIONS $ 300 $ 300 $ 200 $ 300 400 EQUIPMENT & EVENT SUPPORT $ 20,000 $ 20,000 $ 20,000 $ 20,000 Notes: Decrease due to all employee taxes and benefits consolidated in 01-59000 Taxes & Employee Benefits department Page 25 of 678 General Fund INSURANCES - 01-51410 FY 2016-2017 FY 2017-2018 $ 43,500 Original Budget Amended I Budget Year End I Estimate Budget Change Incr/(Decr) SUMMARY Amount I % 213 PROPERTY & LIABILITY COVERAGE $135,750 $135,750 $120,750 $ 172,500 $ 36,750 27% OTHER INSURANCES $ 43,500 $ 43,500 $ 43,500 $ - $ (43,500) -100% Total $179,250 $179,250 $164,250 $ 172,500 $ (6,750) -4% DETAIL $ 43,500 $ 43,500 $ 43,500 $ - 213 PROPERTY & LIABILITY COVERAGE $135,750 $135,750 $120,750 $ 172,500 Property, General Liabiity, Crime, $ - 59000-154 Workers Comp Insurance $ 2,500 $ 2,500 $ Inland Marina, Public Official & $ 97,750 $ 97,750 $ 97,750 $ 120,000 Management Liability, Auto, Excess $ - 59000-161 Leave Payouts $ 35,000 $ 35,000 $ Liability $ - Storage Tank Pollution Policy (2 yrs.) $ - $ - $ - $ 7,500 Citizens Windstorm Policy $ 18,000 $ 18,000 $ 18,000 $ 25,000 Construction Policies $ 10,000 $ 10,000 $ - $ - Policy Contingencies $ 10,000 $ 10,000 $ 5,000 $ 20,000 OTHER $ 43,500 $ 43,500 $ 43,500 $ - 59000-153 Retirement Plan Fees $ 1,000 $ 1,000 $ 1,000 $ - 59000-154 Workers Comp Insurance $ 2,500 $ 2,500 $ 2,500 $ - 59000-159 Reemployment Payments $ 5,000 $ 5,000 $ 5,000 $ - 59000-161 Leave Payouts $ 35,000 $ 35,000 $ 35,000 $ - Notes: increases aue to carrier estimates, rnciusion or vvoman s UiuD coverage ana wrnastorm coverage increases, offset by consolidation of Workers Comp Insurance, Reemployment Payments, Leave Payouts, Retirement Plan Fees in Taxes & Employee Benefits department 01- 59nnn 8 Page 26 of 678 General Fund PROFESSIONAL SERVICES -01-51420 $ 15,000 FY 2016-2017 FY 2017-2018 $ 22,000 Fire Inspections Original Amended Year End I I Change Incr/(Decr) SUMMARY Budget I Budget I Estimate 18,500 Budget I Amount % 200 CONTRACTURAL SERVICES $137,000 $137,000 $122,000 $ 152,000 $15,000 11% 201 LEGAL SERVICES $100,000 $100,000 $ 90,000 $ 100,000 $ - 0% 204 OTHER PROFESSIONAL FEES $ 15,000 $ 15,000 $ 15,000 $ 22,000 $ 7,000 47% Total $ 252,000 $ 252,000 $ 227,000 $ 274,000 $22,000 9% DETAIL $ 15,000 $ 15,000 $ 15,000 $ 22,000 Fire Inspections $ 500 200 CONTRACTUAL SERVICES $137,000 $137,000 $122,000 $ 152,000 Audit Services $ 18,500 $ 18,500 $ 18,500 $ 18,500 Marina Audit & Tax Compliance $ 15,000 $ 15,000 $ 5,000 $ 15,000 Bond Indenture Compliance & Bond $ 10,000 $ 10,000 $ 5,000 $ 10,000 Continuing Disclosure Dissemination Financial Services $ 30,000 $ 30,000 $ 35,000 $ 35,000 Website Hosting & Related Services $ 15,000 $ 15,000 $ 15,000 $ 15,000 Website Redesign & Maintenance $ 15,000 $ 15,000 $ 15,000 $ 25,000 Personnel Services $ 30,000 $ 30,000 $ 25,000 $ 30,000 Economic Development Financial Assessment $ 3,500 $ 3,500 $ 3,500 $ 3,500 201 LEGAL SERVICES $100,000 $100,000 $ 90,000 $ 100,000 204 OTHER PROFESSIONAL FEES $ 15,000 $ 15,000 $ 15,000 $ 22,000 Fire Inspections $ 500 $ 500 $ 500 $ 500 City HR/Payroll/Benefits ILA $ 14,500 $ 14,500 $ 14,500 $ 14,500 Medical Clinic - CRA Cost Allocation $ - $ - $ - $ 7,000 Notes: Increases due to CRA website redesign and cost allocation for Medical Clinic. Page 27 of 678 General Fund $ 97,500 $ 97,500 $ 97,500 $ 100,725 710 N. Federal Highway BUILDINGS & GROUNDS - 91,000 $ 91,000 $ 91,000 $ 94,000 Storage Facilities $ 01-51620 FY 2016-2017 6,500 FY 2017-2018 $ 6,725 208 EQUIPMENT LEASES $ 20,000 Original Budget I Amended Budget Year End Estimate 19,500 Budget Change Incr/(Decr) Postage Meter SUMMARY Amount % 200 CONTRACTURAL SERVICES $ 3,045 $ 3,045 $ 3,045 $ 3,045 $ - 0% 201 PROPERTY TAXES & ASSOC. DUES $ 75,000 $ 75,000 $ 50,000 $ 75,000 $ - 0% 205 OFFICE RENTAL $ 97,500 $ 97,500 $ 97,500 $ 100,725 $ 3,225 3% 208 EQUIPMENT LEASES $ 20,000 $ 20,000 $ 19,500 $ 20,000 $ - 0% 209 PROPERTY MAINTENANCE COSTS $265,000 $265,000 $240,000 $ 355,000 $ 90,000 34% 224 SIGNAGE $ 15,000 $ 15,000 $ 15,000 $ 15,000 $ - 0% 325 ELECTRIC COSTS $ 15,000 $ 15,000 $ 12,000 $ 12,000 $ (3,000) -20% 326 WATER COSTS $ 15,000 $ 15,000 $ 12,000 $ 12,000 $ (3,000) -20% Total $505,545 $505,545 $449,045 $ 592,770 $ 87,225 17% DETAIL CONTRACTUAL SERVICES - 200 Alarms/Pest Control $ 3,045 $ 3,045 $ 3,045 $ 3,045 PROPERTY TAXES & ASSOCIATION 201 DUES $ 75,000 $ 75,000 $ 50,000 $ 75,000 205 OFFICE RENTAL $ 97,500 $ 97,500 $ 97,500 $ 100,725 710 N. Federal Highway $ 91,000 $ 91,000 $ 91,000 $ 94,000 Storage Facilities $ 6,500 $ 6,500 $ 6,500 $ 6,725 208 EQUIPMENT LEASES $ 20,000 $ 20,000 $ 19,500 $ 20,000 Postage Meter $ 500 $ 500 $ 500 $ 500 Copiers $ 9,500 $ 9,500 $ 9,500 $ 9,500 Vehicle Lease/Maintenance/Fuel $ 10,000 $ 10,000 $ 10,000 $ 10,000 209 PROPERTY MAINTENANCE COSTS $265,000 $265,000 $240,000 $ 355,000 General Repairs $ 25,000 $ 25,000 $ 25,000 $ 25,000 Janitorial Services $ 15,000 $ 15,000 $ 15,000 $ 15,000 Property Maintenance $200,000 $200,000 $200,000 $ 200,000 Woman's Club $ - $ - $ - $ 90,000 Hurricane/Property Contingency $ 25,000 $ 25,000 $ - $ 25,000 224 SIGNAGE $ 15,000 $ 15,000 $ 15,000 $ 15,000 325 ELECTRICITY COSTS $ 15,000 $ 15,000 $ 12,000 $ 12,000 326 WATER COSTS $ 15,000 $ 15,000 $ 12,000 $ 12,000 Notes: Increase in CRA office rental per lease escalations. Increase in Property Maintenance due to acquisitor of Woman's Club, maintenance estimated based on schedule provided by seller. itt Page 28 of 678 General Fund MARINA - 01-51630 FY 2016-2017 FY 2017-2018 500 $ Original Budget Amended I Budget Year End I Estimate Budget Change Incr/(Decr) SUMMARY Amount % 200 CONTRACTURAL SERVICES $ 500 $ 500 $ 500 $ 500 $ - 209 PROPERTY MAINTENANCE COSTS $ 30,000 $ 30,000 $ 25,000 $ 25,000 $(5,000) 241 MARINA MANAGEMENT CONTRACT $ 176,435 $ 176,435 $ 176,435 $ 181,435 $ 5,000 242 FUEL STATION OVERHEAD $ 29,500 $ 29,500 $ 29,500 $ 29,500 $ - 310 OFFICE SUPPLIES $ 1,000 $ 1,000 $ 1,000 $ 1,000 $ - 325 ELECTRIC COSTS $ 8 100 $ 8 100 $ 8 100 $ 8 100 $ - 1 326 WATER COSTS $ 5,400 1 $ 5,400 $ 1 10,000 $ f 159000 $ 9,600 327 GASOLINE & DIESEL CHARGES $ 737,065 $ 737,065 $ 727,465 $ 7279465 $(9,600) 328 DIESEL SALES TAX $ 12,000 $ 12,000 $ 12,000 $ 12,000 $ - Total $1,000,000 $1,000,000 $ 990,000 $ 1,000,000 $ - 200 DETAIL CONTRACTUAL SERVICES - Sea Spill Contract $ 500 $ 500 $ 500 $ 500 209 PROPERTY MAINTENANCE COSTS $ 30,000 $ 30,000 $ 25,000 $ 25,000 241 MARINA MANAGEMENT CONTRACT $ 176,435 $ 176,435 $ 176,435 $ 181,435 242 OPERATIONS - Merchant Fees/Phone & Data Line $ 29,500 $ 29,500 $ 29,500 $ 29,500 310 OFFICE SUPPLIES $ 1,000 $ 1,000 $ 1,000 $ 1,000 325 ELECTRICITY COSTS $ 8,100 $ 8,100 $ 8,100 $ 8,100 326 WATER COSTS $ 5,400 $ 5,400 $ 10,000 $ 15,000 327 GASOLINE & DIESEL CHARGES $ 737,065 $ 737,065 $ 727,465 $ 727,465 328 DIESEL SALES TAX $ 12,000 $ 12,000 $ 12,000 $ 12,000 Notes: Contractual increase in marina management contract and increase in water due to completion of Marina Open Space project based on useage experience. i`l 0% -17% 3% 0% 0% 0% 178% _1% 0% 0% Page 29 of 678 General Fund INFORMATION TECHNOLOGY - 01-51650 FY 2016-2017 FY 2017-2018 Original I Amendedl Year End DETAIL 200 CONTRACTUAL SERVICES $ 3,000 $ 3,000 $ 3,000 $ 3,000 Financial Accounting Software Updates $ 1,000 $ 1,000 $ 1,000 $ 1,000 Maintenance of Phone System $ 2,000 $ 2,000 $ 2,000 $ 2,000 210 IT SUPPORT $ 27,000 $ 27,000 $ 24,000 $ 27,000 211 COMPUTER LICENSES & BACK UP $ 3,500 $ 3,500 $ 4,000 $ 4,550 212 SOFTWARE MAINTENANCE SUMMARY 14,000 $ 14,000 Budget I Budget I Estimate Incode Financial Software Budget Amount 200 CONTRACTURAL SERVICES $ 3,000 $ 3,000 $ 3,000 $ 3,000 $ - 210 CITY IT SUPPORT $ 27,000 $ 27,000 $ 24,000 $ 27,000 $ - 211 COMPUTER SOFTWARE & LICENSES $ 3,500 $ 3,500 $ 4,000 $ 4,550 $ 1,050 212 FINANCIAL & MARINA SOFTWARE MTN. $ 14,000 $ 14,000 $ 12,000 $ 29,000 $ 15,000 330 TELEPHONE SYSTEM & DATA LINES $ 8,000 $ 8,000 $ 8,000 $ 8,000 $ - 400 EQUIPMENT COSTS $ 9,000 $ 9,000 $ 9,000 $ 9,000 $ - Total $ 64,500 $ 64,500 $ 60,000 $ 80,550 $ 16,050 DETAIL 200 CONTRACTUAL SERVICES $ 3,000 $ 3,000 $ 3,000 $ 3,000 Financial Accounting Software Updates $ 1,000 $ 1,000 $ 1,000 $ 1,000 Maintenance of Phone System $ 2,000 $ 2,000 $ 2,000 $ 2,000 210 IT SUPPORT $ 27,000 $ 27,000 $ 24,000 $ 27,000 211 COMPUTER LICENSES & BACK UP $ 3,500 $ 3,500 $ 4,000 $ 4,550 212 SOFTWARE MAINTENANCE $ 14,000 $ 14,000 $ 12,000 $ 29,000 Incode Financial Software $ 10,000 $ 10,000 $ 9,000 $ 10,000 Marina Point of Sale Software (Scribble) $ 4,000 $ 4,000 $ 3,000 $ 4,000 LaserFische Software $ - $ - $ - $ 10,000 Novus Agenda Software $ - $ - $ - $ 5,000 330 TELEPHONE SYSTEM & DATA LINES $ 8,000 $ 8,000 $ 8,000 $ 8,000 400 EQUIPMENT COSTS $ 9,000 $ 9,000 $ 9,000 $ 9,000 Notes: Increase due to ILA with City for IT support and addition of software for Novus Agenda and LaserFische. 211 COMPUTER SOFTWARE & LICENSES Carbonite Adobe Cloud Social Media & General Administration $ 750 $ 1,800 $ 2,000 $ 4,550 ivA 0% 0% 30% 107% 0% 0% 25% Page 30 of 678 General Fund CONTINGENCY - 01-51990 FY 2016-2017 FY 2017-2018 Original Budget Amended I Budget Year End Estimate Budget Change Incr/(Decr) SUMMARY Amount 200 GENERAL FUND CONTINGENCIES $100,000 $100,000 $ - $ 100,000 $ - 0% Notes: Budgeted at approximately 1 % of tax increment revenue. 13 Page 31 of 678 General Fund Notes: Increase due to salary adjustments for Executive Director and Assistant Director positions and potential salary increases. 14 Page 32 of 678 TAXES & EMPLOYEE BENEFITS FY 2016-2017 FY 2017-2018 01-59000 Original Budget Amended Budget Year End Estimate Budget Change Incr/(Decr SUMMARY Amount % 151 FICA - SOCIAL SECURITY $ 42,104 $ 42,104 $ 42,104 $ 46,558 $ 4,454 11% 152 FICA - MEDICARE $ 9,847 $ 9,847 $ 9,847 $ 10,889 $ 1,042 11% 153 RETIREMENT PLANS 457(B) & 401(A) $ 133,479 $133,479 $133,479 $ 142,907 $ 9,428 7% 154 WORKERS COMP INSURANCE $ 2,500 $ 2,500 $ 2,100 $ 2,500 $ - 0% 155 HEALTH INSURANCE $ 99,000 $ 99,000 $ 99,000 $ 99,000 $ - 0% 156 DENTAL INSURANCE $ 4,050 $ 4,050 $ 4,050 $ 4,050 $ - 0% 157 LIFE INSURANCE $ 1,350 $ 1,350 $ 1,350 $ 1,350 $ - 0% 158 LONG TERM DISABILITY $ 3,144 $ 3,144 $ 3,144 $ 3,144 $ 0 0% 159 REEMPLOYMENT CHARGES $ 5,000 $ 5,000 $ - $ 5,000 $ - 0% 160 VISION INSURANCE $ 540 $ 540 $ 540 $ 540 $ - 0% 161 COMPENSATED ABSENCES $ 35,000 $ 35,000 $ 15,000 $ 35,000 $ - 0% AVAILABLE FOR SALARY INCREASES $ - $ - $ - $ 17,000 $ 17,000 N/A Total $ 336,014 $336,014 $310,614 $ 367,938 $ 31,924 10% Notes: Increase due to salary adjustments for Executive Director and Assistant Director positions and potential salary increases. 14 Page 32 of 678 Boynton Beach CRA Project Fund - Budget Summary 2. Rollover FY 2016-2017 (see Budget Overview) $ - V $ - FY 2016-2017 2017-2018 2017-2018 vs. Prior Year Original Amended Year End I Increase/(Decrease) FUNDING SOURCES Budget I Budget I Estimate Budget Amount % 1. Rollover FY 2015-2016 $ 1,592,467 $1,592,467 $1,592,467 $ - $ (1,592,467) -100% 2. Rollover FY 2016-2017 (see Budget Overview) $ - $ - $ - $ 2,805,395 $ 2,805,395 N/A 3. Transfers in from General Fund Property Purchases $ 1,136,607 Contingency $ 119,000 $ 119,000 $ 119,000 Other Financing Sources/Transfers In $ 6,612,701 $ 7,284,610 $ 7,284,610 $ 6,701,225 $ (583,385) -8% 4. Other Revenue/Financing Sources: 830,410 $ 325,000 $ (775,410) -70% Rent Expense 1. Revenue from Sale of 480 E. Ocean Avenue $ 315,986 $ 315,986 $ 315,986 $ - $ (315,986) -100% 2. Committed Fund Balance Allocation $ 500,000 $ 500,000 $ 500,000 $ 500,000 $ - 0% 3. Revenue from Sale of 211 E. Ocean - Budget (25,000) -17% Sub -Total $ 1,382,610 $1,382,610 $1,112,610 $ Amendment #1 R17-01 CRA Board Approved $ (818,210) -59% $ 519,158 $ (264,932) -34% 6/13/17 $ - $ 240,105 $ 240,105 $ - $ (240,105) -100% Sub -Total $ 815,986 $1,056,091 $1,056,091 $ 500,000 $ (556,091) -53% Total Funding Sources/Revenues & Transfers In $ 9,021,154 $ 9,933,168 $ 9,933,168 $10,006,620 $ 73,452 1 % FY 2016-2017 2017-2018 2017-2018 vs. Prior Year Original Amended Year End I Increase/(Decrease) EXPENSES Budget Budqet Estimate Budqet Amount % Professional & Other Expenses Property Purchases $ 1,136,607 Contingency $ 119,000 $ 119,000 $ 119,000 $ 100,000 $ (19,000) -16% Professional Services $ 1,100,410 $1,100,410 $ 830,410 $ 325,000 $ (775,410) -70% Rent Expense $ 13,200 $ 13,200 $ 13,200 $ 14,400 $ 1,200 9% Legal Services $ 150,000 $ 150,000 $ 150,000 $ 125,000 $ (25,000) -17% Sub -Total $ 1,382,610 $1,382,610 $1,112,610 $ 564,400 $ (818,210) -59% Capital Outlay Property Purchases $ 1,136,607 $1,136,607 $ 370,172 $ 766,435 $ (370,172) -33% Construction in Progress $ 1,098,897 $ 275,000 $ 267,667 $ 200,000 $ (75,000) -27% Site Work & Demolition Fees $ 550,000 $ 100,000 $ 26,043 $ 73,957 $ (26,043) -26% Infrastructure & Streetscape $ 1,797,450 $3,771,271 $2,248,601 $ 5,406,670 $ 1,635,399 43% Sub -Total $ 4,582,954 $5,282,878 $2,912,483 $ 6,447,062 $ 1,164,184 22% Economic Development & Housing Rehab Program 955,000 $ 950,000 $ 1,075,000 $ 120,000 13% Economic Development Grant Programs $ 572,000 $ 784,090 $ 784,090 $ 519,158 $ (264,932) -34% Marketing Program $ 228,590 $ 228,590 $ 228,590 $ 121,000 $ (107,590) -47% DI FA - Economic Development $ 1,300,000 $1,300,000 $1,300,000 $ 1,230,000 $ (70,000) -5% Housing Rehab Program $ - $ - $ - $ 50,000 $ 50,000 N/A Sub -Total $ 2,100,590 $2,312,680 $2,312,680 $ 1,920,158 $ (392,522) -17% Proiects & Programs Clean & Safe Program (Clean, Police, Code) $ 447,000 $ 447,000 $ 447,000 $ 372,000 $ (75,000) -17% Community Support Projects $ 95,000 $ 95,000 $ 95,000 $ 125,000 $ 30,000 32% Special Events $ 413,000 $ 413,000 $ 408,000 $ 578,000 $ 165,000 40% Sub -Total $ 955,000 $ 955,000 $ 950,000 $ 1,075,000 $ 120,000 13% Total Project Fund Expenses $ 9,021,154 $ 9,933,168 $ 7,287,773 $10,006,620 $ 73,452 1% 1 Page 33 of 678 Project Fund PROFESSIONAL & OTHER EXPENSES - 02-58100 $ 175,000 $ 175,000 $ 75,000 FY 2016-2017 - FY 2017-2018 $ - Cottage District (a) $ 75,000 $ 75,000 $ 5,000 $ 75,000 Original Budget Amended Budget Year End Estimate $ 600,410 $ 600,410 $ 600,410 Budget - Change Incr/(Decr) $ - SUMMARY Amount % 202 203 207 213 202 CONTINGENCY PROFESSIONAL SERVICES RENT EXPENSE LEGAL SERVICES Total DETAIL CONTINGENCY $ 119,000 $1,100,410 $ 13,200 $ 150,000 $1,382,610 $ 119,000 $ 119,000 $1,100,410 $ 13,200 $ 150,000 $1,382,610 $ 119,000 $ 119,000 $ 830,410 $ 13,200 $ 150,000 $1,112,610 EM $ 119,000 $ $ $ $ 100,000 325,000 14,400 125,000 $ $ $ $ $ (19,000) -16% (775,410) -70% 1,200 9% (25,000) -17% (818,210) -59% $ 564,400 MEM11M $ 100,000 Funding Source Rollover FY17-18 $ - $ 100,000 203 PROFESSIONAL SERVICES $1,100,410 $1,100,410 $ 830,410 $ 325,000 Decrease due to BBB Design completion. (a) $ 100,000 Surveys & Appraisals (a) $ 100,000 $ 100,000 $ 40,000 $ 100,000 Consolidated Plan (a) $ 175,000 $ 175,000 $ 75,000 $ - (a) $ - Cottage District (a) $ 75,000 $ 75,000 $ 5,000 $ 75,000 (a) $ 75,0 Boynton Beach Blvd. - Design $ 600,410 $ 600,410 $ 600,410 $ - $ - $ - 207 RENT EXPENSE - Police Base on MLK $ 13,200 $ 13,200 $ 13,200 $ 14,400 $ - $ 14,4 213 LEGAL SERVICES $ 150,000 $ 150,000 $ 150,000 $ 125,000 $ - $ 125,0 $ - $ 564,4 Notes: Decrease due to BBB Design completion. (a) Rollover Reallocation from FY 2016-2017 as follows: From Professional Services To Amount Surveys & Appraisals Economic Development Grants $ 60,000 Architectural Design Assistance Economic Development Grants $ 40,000 City Code Review Economic Development Grants $ 100,000 Cottage District Design Cottage District Program CIP $ 70,000 $ 270,000 `a Page 34 of 678 Project Fund CONSTRUCTION IN PROGRESS $ 1,098,897 $ 275,000 $ 267,667 $ 200,000 CAPITAL OUTLAY - 02-58200 FY 2016-2017 FY 2017-2018 Original Budget Amended Budget Year End Estimate Budget Change Incr/(Decr) $ SUMMARY Amount % 401 PROPERTY PURCHASES $ 1,136,607 $ 1,136,607 $ 370,172 $ 766,435 $ (370,172) -33% 404 CONSTRUCTION IN PROGRESS $ 1,098,897 $ 275,000 $ 267,667 $ 200,000 $ (75,000) -27% 405 SITE WORK & DEMOLITION FEES $ 550,000 $ 100,000 $ 26,043 $ 73,957 $ (26,043) -26% 406 INFRASTRUCTURE & STREETSCAPE $ 1,797,450 $ 3,771,271 $2,248,601 $ 5,406,670 1 $ 1,635,399 43% (c) Total $ 4.582.954 $ 5.282.878 $ 2.912.483 $ 1.164.184 22% $ 6.447.062 Funding Source DETAIL Rollover FY17-1f 401 PROPERTY PURCHASES $ 1,136,607 $ 1,136,607 $ 370,172 $ 766,435 1 $ 766,435 $ - 404 CONSTRUCTION IN PROGRESS $ 1,098,897 $ 275,000 $ 267,667 $ 200,000 Woman's Club - Capital Improvements & Renovations $ - $ - $ - $ 200,000 $ - $ Marina - Open Space Construction & Southern Drive Lane Repair and Resurface $ 200,000 $ 75,000 (b) $ 67,667 $ - (c) $ 211 E. Ocean Renovation Grant $ 200,000 $ 200,000 $ 200,000 $ $ $ Dog Park - Downtown - Purchase/Design/Construction $ 698,897 (a)(b) (a)(b) $ $ - $ 405 SITE WORK & DEMOLITION $ 550,000 $ 100,000 $ 26,043 $ 73,957 Site Work & Demolition $ 100,000 $ 100,000 $ 26,043 $ 73,957 $ 73,957 $ Stabilization of Old High School- $ 450,000 (b) (b) $ - $ - $ Roof/Windows-EPA Grant Match 406 INFRASTRUCTURE & STREETSCAPE $ 1,797,450 $ 3,771,271 $2,248,601 $ 5,406,670 $ - $ 2 Town Square Project $ 185,450 $ 2,159,271 $2,159,271 $ 2,500,000 MLK Corridor Redevelopment, CRA Property $ 1,162,000 $ 1,162,000 (d) $ 1,200,000 $ 600,000 $ Ocean Breeze East $ - $ - $ $ 551,000 $ 551,000 $ E. Boynton Beach Blvd. Improvements $ $ $ $ 125,000 $ - $ Cottage District Project $ $ $ $ 70,000 $ 70,000 $ Sara Sims Park $ $ - $ $ 600,000 $ Model Block $ 450,000 $ 450,000 $ 89,330 $ 360,670 $ 360,670 $ $ 2,422,062 $ 4 Notes: Increases due primarily Town Square Project and Ocean Breeze East. (a) FY16-17 - CRA Board 4/11/17 original budget line item decreased by $212,000 for Economic Development Grants. (b) FY 16-17 - Budget Amendment #1 R17-01 CRA Board Approved 6/13/2017 Reallocated to: Town Square Old High School $ 450,000 Dog Park $ 486,807 Marina Open Space $ 125,000 Sale of 211 E. Ocean Avenue $ 240,105 Fund Balance Allocation $ 671,909 Total $ 1,973,821 (c) FY 16-17 Rollover of $7,333 reallocated to Economic Development Programs Original Per the Board 7/11/17 (d) MLK Corridor Redevelopment Rollover $ 1,162,000 Reallocated as follows: MLK Corridor Redevelopment -Remaining Rollover $ 600,000 To Ocean Breeze East $ 551,000 To Economic Development Grants $ 11,000 $ 1,162,000 $ 1,162,000 3 200 125,01 600,01 Page 35 of 678 ject Fund ECONOMIC DEVELOPMENT 02-58400 & HOUSING REHAB PROGRAM 02-58300 FY 2016-2017 FY 2017-2018 Amended Year End Budaet I Estimate Budaet AGREEMENTS (TIRFA) $1,300,000 $1,300,000 $ 1,300,000 1 $ 1,230,000 11 (70,000) -5% 5R3nn_AM HOUSING REHAB PROGRAM _ _ _ 50 n00 A 5n_n00 N/A DETAIL Rollover FY17-18 ECONOMIC DEVELOPMENT PROGRAMS 58400-444 (Commercial Fagade, Construction, Interior $ 572,000 $ 784,090 $ 784,090 $ 519,158 $ 383,333 (a) $ 135,825 Build -Out, Rent Reimbursement)(a) 5RAnn_AAr MARKPTIK]r PP(IrPAM 9: 99R 5Qn 9: 99R 5Qn 9: 99R 5Qn 9: 999 nnn 9: _ 9: 191 nnn TAX INCREMENT REVENUE FUNDING 58400-443 AGREEMENTS TIRFA $1,300,000 $1,300,000 $ 1,300,000 $ 1,230,000 Cornerstone - The Preserve Year 3 of 10 $ 100,000 $ 100,000 $ 100,000 $ 105,000 $ Seabourne Cove - Phase 1 Year 5 of 10 $ 415,000 $ 415,000 $ 415,000 $ 390,000 $ Seabourne Cove - Phase 2 Year 4 of 10 $ 180,000 $ 180,000 $ 180,000 $ 165,000 $ Casa Costa Year 8 of 10 $ 545,000 $ 545,000 $ 545,000 $ 550,000 $ Wal-Mart Year 6 of 10 $ 60,000 $ 60,000 $ 60,000 $ 20,000 $ 58300-420 HOUSING REHAB PROGRAM $ - $ - $ - $ 50,000T$ $ 383,333 Notes: Decreases due primarily to economic development grant contractual obligations completed in FY 16-17 and marketing for Marina moved to General Fund. Per the Board Total Original 7/11/17 Rollover (a) Economic Development Grants Rollover $ 165,000 $ 165,000 Rollover Components as follows: From Professional Services Rollover FY16-17 200,000 $ 200,000 From MLK Development Rollover FY 16-17 11,000 $ 11,000 From Marina Open Space FY 16-17 $ 7,333 $ 7,333 4 Page 36 of 678 BOYNTON BEACH CRA FY 2017-2018 MARKETING - PROJECT FUND 02-58400-445 BUSINESS DEVELOPMENT Economic Design & develop a custom brochure for economic development $ 1,350 Development grants Delray Newspaper Bi- Monthly Full Page Ad Placement to promote the businesses and $ 1,990 the Marina at $795 an ad plus creative $1,000 Creative PR Placement for the Working with an Agency to create a PR Placement to further $ 9,250 promote the Marina to a target audience Marina Business Development campaign lottery 2 starter website programs. Many of the small businesses in our district do not have websites or Website lottery websites with updated web pages. This campaign is based on a lottery system budgeting for 2 businesses to receive a free website $ 5,000 campaign to help promote their business online and through social media. Boynton Forum Double page spread monthly ad placement of local business, $ 21,800 marina and events $1,333 plus creative for 12 ads $4,800 Promotional Base Postcard campaign "Meet Your Neighbors" for service businesses Messaging Postcard that will be dropped off at the HOA's and will be available at all $ 1,000 district businesses print 10,000 postcards at $650 plus Design $225 Concierge Event Design develop an evening Concierge VIP tour $ 10,000 Sub-Total Business Development $ 50,390 CRA BUSINESS PROJECTS & COMPLIANCE Annual Report $3,420 design 20 page report $3,583 print 4,000 copies $408 $ 7,689 insertion Sun Sentinel 3,500 homes Promotional Video Promo video for Pirate Fest for the website, Discover the Palm $ 10,000 Tourism Beaches and Visit FL Pirate Fest 30x84 banners $128.80 each 25 banners on BB Blvd. 18 on Federal Hwy. 30x60 banners $96.00 each 42 on Ocean Ave. Holiday 30x84 banners $128.80 each 33 in HOB, 25 banners on BB Downtown Banners Blvd. and 18 on Federal Highway. 42-30x60 banners $96.00 each $ 28,296 on Ocean Ave. MLK banners 25-30x84 $128.80 each on BB Blvd and 33 banners on HOB 18 on Federal Hwy. Plus replacement hardware at $85 each BDB ad in Profile 1/2 page ad in the annual Business Development Board Profile $ 2,625 magazine creative $165 Chamber & Business Development Event & Merchant, redevelopment marketing, business development & $ 10,000 Broker events Trade Shows Video Ad Campaign The campaign films 40 businesses a budget cycle, 5 are presented for Movies in the Park at each Movies in the Park event followed by a drawing of gift $ 12,000 certificates from the featured businesses that encourage winners to intro try new businesses. Each video is $250 which includes 1 edit Sub-Total CRA Business Projects & Compliance $ 70,610 Total Marketing - Project Fund $ 121,000 Page 37 of 678 Project Fund DETAIL CLEAN & SAFE PROGRAM $ 447,000 $ 447,000 $ 447,000 $ PROJECTS & PROGRAMS - 02-58500 FY 2016-2017 Community Clean Program FY 2017-2018 50,000 $ 50,000 Original Budget Amended I Budget Year End I Estimate 460 Budget Change Incr/(Decr) Amount % 263,000 SUMMARY CLEAN & SAFE PROGRAM $ 447,000 $ 447,000 $ 447,000 $ 372,000 $ (75,000) -17% 470 COMMUNITY SUPPORT PROJECTS $ 95,000 $ 95,000 $ 95,000 $ 125,000 $ 30,000 32% 480 SPECIAL EVENTS $ 413,000 $ 413,000 $ 408,000 $ 578,000$ 165,000 40% Total $ 955,000 $ 955,000 $950.0001$ $ 25,000 1,075,000 1 $ 120,000 13% Notes: Increase in Special Events to inclusion of events marketing (formerly in Marketing budget) and increase in expenditures for Pirates Event. Decrease in Clean & Safe due to elimination of Neighborhood Sustainability Code Enforcement included in City's budget for FY17-18. Increase in Community Policing due to addition of one officer (from 2 to 3 officers). Community Planning and Economic Development Worshops/Meetings moved to General Fund. 11 Page 38 of 678 DETAIL CLEAN & SAFE PROGRAM $ 447,000 $ 447,000 $ 447,000 $ 372,000 462 Community Clean Program $ 50,000 $ 50,000 $ 50,000 $ - 460 Neighborhood Police Program $ 263,000 $ 263,000 $ 263,000 $ 372,000 461 Neighborhood Sustainability -Code Enforcement $ 134,000 $ 134,000 $ 134,000 $ - 470 COMMUNITY SUPPORT PROJECTS $ 95,000 $ 95,000 $ 95,000 $ 125,000 $ Community, Planning and Economic Development Workshops & Meetings $ 25,000 $ 25,000 $ 25,000 $ - $ Business Incubator Support $ 70,000 $ 70,000 $ 70,000 $ 125,000 480 SPECIAL EVENTS (a) $ 413,000 $ 413,000 $ 408,000 $ 578,000 Haunted Pirate Fest & Mermaid Splash $ 175,000 $ 175,000 $ 175,000 $ 350,350 Holiday Tree Lighting & Concert $ 65,000 $ 65,000 $ 65,000 $ 80,671 Holiday Parade (City Run - CRA reimburses City) $ 25,000 $ 25,000 $ 25,000 $ 12,000 Holiday Boat Parade $ 12,000 $ 12,000 $ 12,000 $ 12,000 Kinetic Arts Event (City also funding separately at $20,000) $ 20,000 $ 20,000 $ 20,000 $ - MLK Celebration of Unity $ 40,000 $ 40,000 $ 40,000 $ 35,501 St. Patrick's Day - Blarney Bash $ 18,000 $ 18,000 $ 18,000 $ 34,461 Movies in the Park $ 18,000 $ 18,000 $ 18,000 $ 25,111 Music on the Rocks $ 20,000 $ 20,000 $ 20,000 $ 24,906 Special Events Grant Program $ 20,000 $ 20,000 $ 15,000 $ - Public Safety Open House $ - $ - $ - $ 3,000 Notes: Increase in Special Events to inclusion of events marketing (formerly in Marketing budget) and increase in expenditures for Pirates Event. Decrease in Clean & Safe due to elimination of Neighborhood Sustainability Code Enforcement included in City's budget for FY17-18. Increase in Community Policing due to addition of one officer (from 2 to 3 officers). Community Planning and Economic Development Worshops/Meetings moved to General Fund. 11 Page 38 of 678 Funding Source Rollover FY17-18 $ $ 372,000 $ $ 125,000 $ 350,350 $ $ 80,671 $ $ 12,000 $ $ 12,000 $ $ 35,501 $ $ 34,461 $ $ 25,111 $ $ 24,906 $ $ 3,000 $ $ 1,075,000 Notes: Increase in Special Events to inclusion of events marketing (formerly in Marketing budget) and increase in expenditures for Pirates Event. Decrease in Clean & Safe due to elimination of Neighborhood Sustainability Code Enforcement included in City's budget for FY17-18. Increase in Community Policing due to addition of one officer (from 2 to 3 officers). Community Planning and Economic Development Worshops/Meetings moved to General Fund. 11 Page 38 of 678 BOYNTON BEACH CRA FY 2017-2018 SPECIAL EVENTS BUDGET EVENTS DATE 2017/2018 BUDGET THE BOYNTON BEACH HAUNTED Saturday & Sunday October 21 & 22, 2017 $ 309,948 PIRATE FEST & MERMAID SPLASH Marketing $ 40,402 Total Pirates $ 350,350 PUBLIC SAFETY OPEN HOUSE Saturday, November 4, 2017 $3,000 HOLIDAY EXTRAVAGANZA Friday, December 2, 2017 $70,000 TREE LIGHTING & CONCERT Saturday, December 2, 2017 - City Responsible for i PARADE planning and implementation. CRA will reimburse $12,000 City for cost up to a maximum of $12,000 HOLIDAY BOAT PARADE Friday, December 8, 2017 $12,000 Marketing $10,671 Total Holiday ! $104,671 TBD $30,000 MLK Celebration of Unity Marketing $5,501 Total MLK Celebration of Unity $35,501 Saturday, March 17, 2018 ' $25,000 BLARNEY BASH Marketing $9,461 Total Blarney Bash $34,461 Iiv, [S]r/IZyl►a1a:82MNN iri Ll'&i [exil ► a 1:1 :1111 :19191 :may $18,0001 $7,111 $25,111 $20,000 1 Sub -Total Events $ 499,948 Sub -Total Events Marketing $ 78,052 TOTAL COST OF EVENTS► $ 5787000 rA Page 39 of 678 BOYNTON BEACH CRA SUMMARY - ASSESSED PROPERTY VALUES & TAX INCREMENT REVENUE (a) CRA expansion Page 40 of 678 CRA Assessed Tax Increment Property Values % Change Revenue % Change FY 1989-1990 $ 39,466,737 $ 183,535 FY 1990-1991(a) $ 74,997,745 90.0% $ 199,603 8.8% FY 1991-1992 $ 77,257,229 3.0% $ 204,449 2.4% FY 1992-1993 $ 73,396,553 -5.0% $ 158,859 -22.3% FY 1993-1994 $ 70,614,592 -3.8% $ 126,535 -20.3% FY 1994-1995 $ 71,929,663 1.9% $ 141,167 11.6% FY 1995-1996 $ 73,498,930 2.2% $ 158,398 12.2% FY 1996-1997 $ 74,712,938 1.7% $ 172,660 9.0% FY 1997-1998 $ 75,719,530 1.3% $ 189,808 9.9% FY 1998-1999 $ 78,410,383 3.6% $ 219,894 15.9% FY 1999-2000 $ 81,928,346 4.5% $ 261,389 18.9% FY 2000-2001(a) $ 317,835,353 287.9% $ 305,840 17.0% FY 2001-2002 $ 372,405,731 17.2% $ 945,685 209.2% FY 2002-2003 $ 407,644,247 9.5% $ 1,330,409 40.7% FY 2003-2004 $ 511,268,089 25.4% $ 2,500,726 88.0% FY 2004-2005 $ 631,521,600 23.5% $ 3,871,616 54.8% FY 2005-2006 $ 827,149,288 31.0% $ 6,076,347 56.9% FY 2006-2007 $ 1,132,404,172 36.9% $ 9,086,624 49.5% FY 2007-2008 $ 1,270,885,424 12.2% $ 9,520,342 4.8% FY 2008-2009 $ 1,131,010,840 -11.0% $ 8,159,941 -14.3% FY 2009-2010(a) $ 950,585,514 -16.0% $ 6,760,870 -17.1% FY 2010-2011 $ 825,305,342 -13.2% $ 5,637,827 -16.6% FY 2011-2012 $ 815,476,900 -1.2% $ 5,752,745 2.0% FY 2012-2013 $ 787,123,743 -3.5% $ 5,614,228 -2.4% FY 2013-2014 $ 892,694,842 13.4% $ 7,022,119 25.1% FY 2014-2015 $ 1,000,248,846 12.0% $ 8,317,867 18.5% FY 2015-2016 $ 1,105,502,452 10.5% $ 9,585,902 15.2% FY 2016-2017 $ 1,187,947,268 7.5% $ 10,579,150 10.4% FY 2017-2018 $ 1,290,612,142 8.6% $ 11,461,518 8.3% t (a) CRA expansion Page 40 of 678 BOYNTON BEACH CRA TAX INCREMENT REVENUE ("TIR") ESTIMATE - FY 2017-2018 As of: June 29, 2017 1. ASSESSED VALUATIONS FY 2016-2017 FY 2017-2018 ASSESSED VALUES $ 1,187,947,268 $ 1,290,612,142 (a) Estimate As of: 6/29/17 Chg. from Prior Year $ 102,664,874 8.6% 2. TAX INCREMENT REVENUE - ESTIMATED FOR NEW BUDGET YEAR Assessed Values $ 1,187,947,268 1 $ 1,290,612,142 Less Base Year Value $ 309,821,849 309,821,849 TIR Taxable Value $ 878,125,419 980,790,293 95% of Difference $ (Per Florida Statutes Chapter 163.387(1)(a) Redevelopment Trust Fund) Millage Rates City County 834,219,148 I $ 931,750,778 7.9000 4.7815 Tax Increment Revenue City $ 6,590,331 County $ 3,988,819 Sub -Total 3.0% for True -Up Net TIR Assumptio No Millage Change Citv & County 7.9000 4.7815 % of Total TI $ 7,360,831 62% $ 4,455,166 38% $ 10,579,150 $ 11,815,997 $ - $ 354,480 $ 10,579,150 Change from Prev. Year Amount $ 11,461,518 Budgeted $ 882,367 8.3% (a) The Property Appraiser will issue revisions to the CRA's taxable values at the end of June 2017, and in early October 2017, with a final certified tax value in mid -2018. The CRA's budgeted tax increment revenue will be based on the first, or May 26, 2017, "Estimates of Taxable Values" with a 3% deduction for the final Property Appraiser certified tax adjustments ("true -up") in mid- 2018. K, Page 41 of 678 Page 42 of 678 BOYNTON BEACH CRA POSITION CLASSIFICATIONS & SALARY RANGES FY 2017-2018 (b) FLSA = Fair Labor Standard Act; E=Exempt; N=Non-exempt Page 43 of 678 POSITIONFLSA(b) MINIMUM ,, MID -POINT "" "MAXIMUM 1 Executive Director E $ 110,000 $ 130,000 $ 160,000 2 Assistant Director E $ 100,000 $ 120,000 $ 140,000 3 Finance Director E $ 85,000 $ 105,000 $ 125,000 4 Finance Specialist E $ 55,000 $ 75,000 $ 90,000 5 Development Services Manager E $ 55,000 $ 75,000 $ 95,000 6 Development Services Specialist E $ 45,000 ; ° $ 60,000 $ 75,000 7 Marketing & Business Developmentob Specialist E $ 45,000 60,000 . $ 75,000 8 Special Events Coordinator E $ 45,000 75,000 9 Marketing/Events/Business Development Asst. N $ 40,000' $ 50,000,; $ 60,000 10 Administrative Services Manager E $ 45,000 $ 60,000 $ 75,000 11 Administrative Assistant N $ 40,000 $ 50,000 $ 60,000 (b) FLSA = Fair Labor Standard Act; E=Exempt; N=Non-exempt Page 43 of 678 Boynton Beach Community Redevelopment Agency FY 2017-2018 Budget - Personnel Position 1 Executive Director 2 Assistant Director 3 Finance Director 4 Finance Specialist Personnel FY 2016-2017 FY 2017-2018 No.1 No. 5 Development Services Manager 0 1 6 Development Service Specialist 1 0 7 Marketing & Business Development Specialist 1 1 8 Special Events Coordinator 1 1 9 Marketing/Events/Business Development Assistant 1 1 10 Administrative Assistant 1 0 11 Administrative Services Manager 0 1 Total Personnel 9 9 &7 Page 44 of 678 F Z W Cl) M LL W Z F W W m W � F W ] F m Za zCl) O LO co W co Z W IL X W J W Z Z O coW W IL 0 W Q J W Z 00 Z Q O W N S J r U p o N W = Z (A W } J >- >- J U Co co LL O r (fl (b rOOOOO LO Cl) (.0 O J 00000 : LOM 000000 (D Cl) (.0 (fl N O O O r 0 LO N O O 00 O O (fl O O O 0 O 7 O r O Ln r LO M O 7 r (b ON (D O LO N Cl) O O O M to O N N (.0 r :: M Eft N Eft Eft Eft Eft Eft Eft Eft Eft Eft O LO 00 O LO O LO OLO O(D Eft Eft 0 N Eft Eft Eft 0 N Eft Eft Eft O LO Eft LO LO Eft O Eft M Ef) fH 00 N O 00 O O� r O O 0 O 0, O O Eft O O O Eft O O O Eft 0 O O O O O 0 0 O r - (D O O O N O LO O O N0 0 N co LO 7 (A r Cl) O M LO N co O CO N N N Eft Eft Eft Eft Eft Ef) 6,3 Eft Eft Eft Eft O O O O 61) E» O EfJ E» 6f, O 6f, 6f, 6f, O O 6f, O O 6f, 0 O EfJ 0 O 6f, - LO (b C) LO L(') 0 N O N r J J Cj to (O I- (p. M O : O O O co N fn LL UJ O 7 EfJ 7 co co EfJ N N EfJ a5 M EfJ EfJ EfJ EfJ EfJ EfJ EfJ Ef) .. Efi 6,3 N Ef) .. Efi tfs 00 W F 00 O U 00 - 0 0 m (4 0 .0 a) X W W O N N > a) W 0 M U O a5 U, aU U u U c O F W a) m Y Eft Eft Eft Eft Eft Eft Eft Eft c Eft Eft Z Eft W Eft fH 00 a u 00 - O m 00 > O 0..0U) > C (TE C Q_ Wm N N (D (D I (D (D (D U (0 (0 (0 > (0 a) > Y a) > U a W E r a LO EfJ EfJ QLL EfJ EfJ EfJ 2 Do EfJ EfJ EfJ O(n EfJ EfJ '. EfJ EfJ fH 00 00 O 00 O OLO LO LO LO LO LO LO LO LO LO O 7 7 7 7 7 7 7 7 7 ' Eft Eft Eft Eft Eft Eft Eft Eft Eft Eft Eft Eft fH O O 00 O 00 O O O 00 00 O 00 O O O O O 00 O O O O O ' O (A Qfl Eft Eft Eft Eft Eft Eft Eft Eft Eft Eft Eft fH 00 O O N N O N N '61 N Ln Qfl Eft Eft Eft Eft Eft Eft Eft Eft Eft Eft Eft 6% co N O M N LO co O LO O : co r (A L(') O r 7 M 7 O N O N co O r O N r co : N LO T N W W O Qfl Qfl Qfl Efi Efi Efi Efi 691 Efi 691 691 Efi V)T Or (0 O O 7 O LO O LO r 7 W r M 7 Cl) . (D r Cl) O LO (C N r 7(D Cl) O L(') LO N LO O LO Ln co r LO 7 7 co M N M : N (D Eft Eft : Ef1 Eft Eft Eft Eft Eft Eft Eft Eft Eft fH O O 00 O LO O 0 O O l 0 O LO 00 00 O Cl) O O O O : O O Cl) O LO O O O O O LO O LO 7 O M L(')O CO L(') L(') L(') N - O N O - r O M O (fl r O LO 7 LO Cl) — Ln EfJ Q3 Efi Efi Efi Efi Efi 61) 61) 61) 61) Ef) 69 (6 C O N m U) N c U) U a5 O m N a)_ OU a) M O O U)1 C N C Q C a) C m C C> j Z a) a) 06 (A E (T E W E m o > C a) .� SZ N E N a5 U U O ;..a) N O a5 O T EfJ a 'N as as Y> 5? Y> E o C C > a W Q ' LL LL C) 0 U) 0 Q O o rn c2 m m 0 0 r 7 O M M N LO O (n : N M 00 r- N LO 0 7 O 7 00 I- Cl) O (n U E U) U w a O a5 a5 U C w CO C s U 0 C O . N ° CO Z O E. U N W o U z a) —_ U a� E T = m °a' _ r Y m Y U2 E co I- 4 O LO 00000 rOOOOO J 00000 000000 a 0 r O O O N O LO 0 0 7 Fr M N M L(') N (b 0 co O N N F Eft Eft Eft Eft Eft Eft Eft Eft Eft Eft Eft O LO 00 O LO O LO OLO O :6 o 0 N x r 0 O 0 r 0 N LO — LO N r CO O LO r CO LO LO �Ln O r M O : O N O r N O� N Eft Eft Eft Eft Eft Eft Eft Eft Qfl Eft Eft O LO O O O N O LO OLO O r O O N r O r N0 N co LO LO Eft Eft Eft Eft Eft Ef) 6,3 Eft Eft Eft Eft O O O O O O -00000 O O O O O WQ O O O L( O O O O O O M O 0 O 0 L( 0 O 0 LO 0 O LO (b C) LO L(') 0 N O N r J J Cj to (O I- (p. L() 7 Lr) aLL fn LL UJ EfJ EfJ EfJ EfJ EfJ EfJ EfJ EfJ EfJ EfJ a5 C C � g (n F Z (n U) N as n N a) SZ a) W F U N - Q E m (4 0 .0 a) X W W O N N > a) W W Z U O a5 U, aU U u U c O F W a) m Y N W m a) a) c c r >_ Z j W a u 06 a) - m > 0..0U) > C (TE C Q_ Wm N N O E O O D U O O a5 > '� a) > Y a) > U a W E r a W QLL LL 0 2 Do (n 2 Q O(n co I- 4 O LO BOYNTON BEACH CRA General Fund - Fund Balance Analysis (a) Audited Fund Balance 9/30/2016 Less: 1. Committed Fund Balance - Self -Funded insurance Reserve (a) 2. Working Capital - Oct -Dec 2017 3. Compensated Absences 4. Prepaids (Insurance & Rent Deposits) 5. Encumbrances 6. Allocation of Unassigned Fund Balance from FY14-15 (b) 7. Allocation of Unassigned Fund Balance from FY15-16 (c) Sub -Total Estimated Unassigned Fund Balance as of 9/30/17 (a) Components of Self -Funded Insurance Reserve FY 2012-2013 - Resolution No. 14-01 FY 2014-2015 - Resolution No. 16-02 FY 2015-2016 - Resolution No. 17-01 Total Self -Funded Insurance Reserve $ 4,727,433 $ (454,874) $ (2,500,000) $ (75,000) $ (35,000) $ (115,000) $ (668,607) $ (671,636) $ (4,520,117) $ 207,316 $ 119,813 $ 167,152 $ 167,909 $ 454,874 (b) Allocations of Unassigned General Fund - Fund Balance 9/30/15 1. Committed Fund Balance - Self -Funded insurance Reserve $ (167,152) 2. Projects - Allocated in FY 16-17 Budget $ (668,607) Total $ (835,759) (c) Allocations of Unassigned General Fund - Fund Balance 9/30/16 1. Committed Fund Balance - Self -Funded insurance Reserve $ (167,909) 2. Projects - Allocated in FY 16-17 Budget $ (671,636) Total $ (839,545) Note: The annual audit of the CRA's financial statements for the fiscal year are completed by mid-January of the following year. At the completion of the annual audit, the Unassigned Fund Balance will be finalized and the CRA Board can allocate funding according to Florida statute as outlined below. § 163.387, Fla. Stat. Ann. (7) On the last day of the fiscal year of the community redevelopment agency, any money which remains in the trust fund after the payment of expenses pursuant to subsection (6) for such year shall be: (a) Returned to each taxing authority which paid the increment in the proportion that the amount of the payment of such taxing authority bears to the total amount paid into the trust fund by all taxing authorities for that year; (b) Used to reduce the amount of any indebtedness to which increment revenues are pledged; (c) Deposited into an escrow account for the purpose of later reducing any indebtedness to which increment revenues are pledged; or (d) Appropriated to a specific redevelopment project pursuant to an approved community redevelopment plan which project will be completed within 3 years from the date of such appropriation. Page 46 of 678 Promotional/Marketing $ 7,500 Contingency 11,700 Total for FY 17-18 $ 372,000 NOTE: All amounts provided by Police Department with exception of Contingency and ILA amount for FY 2017-2018 Revised by CRA to include promotional/marketing materials and additional equipment. Page 47 of 678 2.B. OTHER 9/19/2017 REQUESTED ACTION BY COMMISSION: Conduct Second Public Budget Hearing for FY 2017/2018 Annual Operating Budget. PROPOSED RESOLUTION NO. R17-087 - Adopt the final millage rate for the General Fund for Fiscal Year 2017-2018. PROPOSED RESOLUTION NO. R17-088 - Adopt the Final Budget for the General Fund and all other funds for Fiscal Year 2017-2018. EXPLANATION OF REQUEST: This is the second and final Budget Public Hearing for FINAL adoption of the millage rate and operating budget for FY 2017-18. As a result of the Budget Workshops that were held on J my 17th and 18th, 2017 the City Commission approved a proposed millage rate of 7.9000 mills. Also the following changes have been incorporated into the proposed budget of $83,347,977 to a tentative budget of $82,241,077 after the Budget Workshops. 1) Adjustments to Various General Fund Revenue: • Decrease transfer from Sanitation ($400,000) • Transfer from Traffic Safety Fund $100,000 • Increase ILA -CRA Neighborhood Policing $ 75,000 2) Adjustment to Fund Balance Appropriation for General Fund: • I ncrease $118,100 from City Mgr proposed amount of $0 to a needed fund balance appropriation of $118,100. 3) Adjust following departments • Police (Div 2110)-TFR staff to Traffic Fund ($181,900) • Police (Div2110)-Add'I person -neighborhood policing $ 75,000 The proposed FY 17/18 General Fund Budget is $83,241,077 compared to the adopted FY 16/17 General Fund Budget of $79,401,314, an increase of $3,839,763 or 4.8%. Based on commission decisions since the July budget workshops, the following changes have been incorporated into the proposed tentative budget. 1) Budgeted the Traffic Safety Special Revenue Fund in the amount of $1,067,500; Revenue -Fines $1,040,000 Revenue -Admin Fees $ 27,500 Expenses: Personnel $ 181,900 Legal $ 10,000 Page 48 of 678 Equipment lease $ 765,000 Operating costs $ 10,600 Transfer to General Fund $ 100,000 2) Reduced the Solid Waste Enterprise Fund from $11,034,288 to $10,574,288. 3) Increased General Government Capital Improvement Funds from $5,827,164 to $5,999,512. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The annual budget provides appropriations to provide City services. FISCAL IMPACT: Budgeted Adoption of the millage rate and budget allows for appropriations to provide City services. ALTERNATIVES: N/A STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Resolution D Resolution Description Reso ® Final Millage 17/18 Reso ® Final Budget 17/18 Page 49 of 678 I RESOLUTION R17- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA ADOPTING A FINAL MILLAGE RATE FOR 5 THE CITY'S GENERAL OPERATING FUND FOR THE 6 FISCAL YEAR BEGINNING OCTOBER 1, 2017 AND 7 ENDING SEPTEMBER 30, 2018, PROVIDING THAT FINAL 8 MILLAGE RATE OF 7.9000 MILLS IS 6.43% ABOVE THE 9 ROLLED -BACK RATE OF 7.4224 MILLS; PROVIDING 10 FOR SEVERABILITY, CONFLICTS AND PROVIDING AN 11 EFFECTIVE DATE. 12 13 WHEREAS, a final budget has been prepared estimating expenditures and revenues 14 of the City of Boynton Beach, Florida, for the ensuing year, with detailed information, 15 including revenues to be derived from sources other than ad valorem levy, and the 16 administrative staff of the City has made recommendations as to the amount necessary to be 17 appropriated for the ensuing year; and 18 WHEREAS, the City Commission has given notice of and conducted the public 19 hearings required by law and has considered the recommendations of staff and the 20 comments of the public, the suggested budget, and the proposed millage necessary to be 21 levied to carry on the government of the City for the ensuing year; 22 WHEREAS, the City of Boynton Beach, Florida, has followed the procedures as 23 outlined in Florida Statutes Section 200.065. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 25 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 27 being true and correct and are hereby made a specific part of this Resolution upon adoption 28 hereof. 29 Section 2. The City Commission of the City of Boynton Beach, Florida herby 30 adopts the final millage rate of 7.9000 for the General Fund. The final millage rate is 31 6.43% above the computed rolled -back rate of 7.4224. Page 50 of 678 32 Section 3. If any clause, section, or other part of this Resolution shall be held by 33 any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or 34 invalid part shall be considered as eliminated and shall in no way affect the validity of the 35 other provisions of this Resolution. 36 Section 4. All resolutions or parts of resolutions in conflict herewith are hereby 37 repealed to the extent of such conflict. 38 Section 5. This Resolution shall become effective immediately upon passage. 39 PASSED AND ADOPTED this day of , 2017. 40 CITY OF BOYNTON BEACH, FLORIDA 41 YES NO 42 43 44 45 46 47 48 49 50 51 52 53 54 ATTEST: 55 56 57 Judith A. Pyle, CMC 58 City Clerk 59 60 61 (Corporate Seal) Mayor — Steven B. Grant Vice Mayor — Justin Katz Commissioner — Mack McCray Commissioner — Christina L. Romelus Commissioner — Joe Casello VOTE Page 51 of 678 I RESOLUTION R17- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, ADOPTING A FINAL BUDGET FOR THE 5 FISCAL YEAR BEGINNING OCTOBER 1, 2017, AND 6 ENDING SEPTEMBER 30, 2018; PROVIDING FOR 7 SEVERABILITY, CONFLICTS, AND AN EFFECTIVE 8 DATE. 9 10 WHEREAS, a final budget has been prepared by the City Manager estimating 11 expenditures, transfers, and revenues of the City of Boynton Beach for the ensuing year, 12 with detailed information, including revenues to be derived from sources other than the ad 13 valorem tax levy, and she has made recommendations as to the amount necessary to be 14 appropriated for the ensuing year; and 15 WHEREAS, the City Commission of the City of Boynton Beach has conducted a 16 public hearing in accordance with s. 200.065 Florida Statutes on the City's final budget and 17 the proposed millage rate. 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 19 THE CITY OF BOYNTON BEACH, FLORIDA: 20 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 21 being true and correct and are hereby made a specific part of this Resolution upon adoption 22 hereof. 23 Section 2. That the final budget of the City of Boynton Beach, Florida, for the 24 fiscal year beginning October 1, 2017 and ending September 30, 2018, a copy of which is 25 attached hereto, is hereby adopted and the appropriations set out therein are hereby made to 26 maintain and carry on the government of the City of Boynton Beach, Florida. 27 Section 3. There is hereby appropriated the sum of $ 83,241,077 to the 28 General Fund for the payment of operating expenditures, transfers to other funds, and 29 necessary capital outlays for the City Government pursuant to the terms of the above budget. 30 Section 4. That there is hereby appropriated the sum of $ 1,067,500 to the 31 Traffic Safety Special Revenue Fund for the payment of operating expenditures, transfers 32 to other funds, and necessary capital outlays. 33 1 Page 52 of 678 34 Section 5. That there is hereby appropriated the sum of $ 1,300,000 to the 35 Local Option Gas Tax Special Revenue Fund for the payment of operating expenditures, 36 transfers to other funds, and necessary capital outlays. 37 Section 6. That there is hereby appropriated the sum of $ 238,756 to the 38 Community Improvements Special Revenue Fund for the payment of operating 39 expenditures, transfers to other funds, and necessary capital outlays. 40 Section 7. That there is hereby appropriated the sum of $ 237,397 to the 41 Public Arts Special Revenue Fund for the payment of operating expenditures, transfers to 42 other funds, and necessary capital outlays. 43 Section 8. That there is hereby appropriated the sum of $ 768,399 to the 44 Recreation Program Special Revenue Fund for the payment of operating expenditures, 45 transfers to other funds, and necessary capital outlays. 46 Section 9. That there is hereby appropriated the sum of $ 9,500,000 to the 47 Public Service Tax Debt Service Fund for the purpose of payment operating expenditures, 48 transfers to other funds, and the principal and interest due on the public service tax bonds of 49 the City not subject to statutory exemptions and for redeeming such bonds as they mature. 50 Section 10. That there is hereby appropriated the sum of $ 1,384,890 to the 51 General Capital Improvement Capital Projects Fund for the payment of transfers to 52 other funds and capital outlays pursuant to the terms of the above budget. 53 Section 11. That there is hereby appropriated the sum of $ 4,614,622 to the 54 Local Government Surtax Capital Projects Fund for the payment of transfers to other 55 funds and capital outlays pursuant to the terms of the above budget. 56 Section 12. That there is hereby appropriated the sum of $ 66,183 to the 57 Parks & Recreation Facilities Trust Fund for the payment of transfers to other funds and 58 capital outlays pursuant to the terms of the above budget. 59 Section 13. That there is hereby appropriated the sum of $ 46,543,793 to the 60 Water and Sewer Utility Enterprise Fund for operating expenditures, debt service, 61 transfers to other funds, and necessary capital outlay. 62 63 2 Page 53 of 678 64 Section 14. That there is hereby appropriated the sum of $ 27,527,200 to 65 the Water and Sewer Utility Capital Improvement Enterprise Fund for the payment of 66 capital outlays pursuant to the terms of the above budget. 67 Section 15. That there is hereby appropriated the sum of $ 1,818,573 to the 68 Golf Course Enterprise Fund for operating expenditures, transfer to other funds, and 69 necessary capital outlays. 70 Section 16. That there is hereby appropriated the sum of $ 10,574,288 to the 71 Solid Waste Enterprise Fund for the payment of operating expenditures, transfers to other 72 funds and necessary capital outlays. 73 Section 17. That there is hereby appropriated the sum of $ 8,201,907 to the 74 Fleet Maintenance Internal Service Fund for the payment of operating expenditures, 75 transfers to other funds, and necessary capital outlays. 76 Section 18. That there is hereby appropriated the sum of $ 365,743 to the 77 Warehouse Internal Service Fund for the payment of operating expenditures, transfers to 78 other funds, and necessary capital outlays 79 Section 19. That there is hereby appropriated the sum of $ 5,287,783 to the 80 Self -Insurance Internal Service Fund for the payment of operating expenditures, transfers 81 to other funds, and necessary capital outlays. 82 Section 20. That there is hereby appropriated the sum of $ 338,505 the 83 Cemetery Special Revenue Fund for the payment of operating expenditures, transfers to 84 other funds, and necessary capital outlays. 85 Section 21. All delinquent taxes collected during the ensuing fiscal year as 86 proceeds from levies of operation millages of prior years are hereby specifically 87 appropriated for the use of the General Fund. 88 Section 22. If any clause, section or other part of this Resolution shall be held by 89 any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional 90 or invalid part shall be considered as eliminated and shall in no way affect the validity of the 91 remaining portions of this Resolution. 92 Section 23. All Resolutions or parts of Resolutions in conflict herewith are hereby 93 repealed to the extent of such conflict. 3 Page 54 of 678 94 Section 24. This Resolution shall become effective immediately upon passage. 95 96 PASSED AND ADOPTED this day of , 2017. 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 ATTEST: Judith A. Pyle, CMC City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Justin Katz Commissioner — Mack McCray Commissioner — Christina L. Romelus Commissioner — Joe Casello VOTE YES NO 4 Page 55 of 678 2.C. OTHER 9/19/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/19/2017 REQUESTED ACTION BY COMMISSION: Informational items by Members of the City Commission EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 56 of 678 3.A. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 9/19/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/19/2017 REQUESTED ACTION BY COMMISSION: Announcement of recent national, state and local awards received for the City's marketing and program initiatives. EXPLANATION OF REQUEST: The City of Boynton Beach has recently received 10 national, state and local awards for its marketing and programming initiatives. Last week, the City received a Silver Circle Award (2nd Place) Savvy Award from the City -County Communications & Marketing Association (3CMA) in the category of Communications & Marketing: Printed Publications for its Annual Report and Calendar. Over 700 entries were submitted and judged by 3CMA, a national organization whose membership consist of public communication employees from national, state, and local municipalities. Entries were judged on problem/opportunity statement; intended goals and outcomes; documentation of achievement and budget and use of outside resources. In August, the City received six SunSational Awards from the Florida Festivals and Events Association (FFEA) Awards Competition. Second Place: Yappy Happy Hour - Collaborative Program Second Place: K-9 Competition - Photo Third Place: Yappy Happy Hour - Invitation Third Place: Event Guide (Recreation & Parks FunFare) Third Place: Volunteer Program (Recreation & Parks) Third Place: Annual Report (Recreation & Parks) FFEA promotes and strengthens the festival, event and fair industry in Florida and has a membership of over 600 organizations that collectively represents 3,500 events throughout the state of Florida. The Sunsational Awards Competition recognizes the creativity, innovation and excellence of its members. Overall, 400 entries were received and judged. In July, the City, for the first time, submitted three entries to the Public Relations Society of America's (PRSA) Palm Beach Chapter Palm Awards and received the following awards: First Place: Excellence Award in Products Award: Writing Article on "City of Boynton Beach Adds Two Therapy Dogs" First Place: Excellence Award (Products Award: Brochures) Annual Report/Calendar Second Place: Award of Quality (Program Award -Special Events or Observances) Yappy Happy Hour Page 57 of 678 Judging was based on planning and content; creativity and quality; technical and excellence and evaluation and results and operated on a point system with excellence awarded at 90 or more points and quality at 80 to 89 points. The PRSA Palm Beach Chapter includes member organizations from Palm Beach County and the Treasure Coast such as FPL, Palm Beach MPO, Hilton Hotels, Palm Beach County School District, FAU, Palm Tran, Community Foundation of Palm Beach and Martin Counties, Discover the Palm Beaches, Port of Palm Beach, AT&T, Society of the Four Arts, etc. The City receives national, state and local press coverage and recognition through these associations. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The City receives national, state and local press coverage and recognition through these associations. FISCAL IMPACT: Budgeted N/A ALTERNATIVES: Do not do permit the presentation. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department City Manager Finance City Manager Reviewer Action Date LaVerriere, Lori Approved 9/14/2017 ® 12:10 PM Howard, Tim Approved 9/14/2017 ® 12:11 PM LaVerriere, Lori Approved 9/14/2017 ® 12:14 PM Page 58 of 678 3.B. REQUESTED ACTION BY COMMISSION: Proclaim October 5, 2017 as Energy Efficiency Day in the City of Boynton Beach. EXPLANATION OF REQUEST: In recognition of the second annual national Energy Efficiency Day (EE Day) on October 5, 2017, the City of Boynton Beach is joining regional and national organizations, businesses, utilities, and individuals working to promote energy efficiency — the cheapest, quickest way to meet our energy needs, cut consumer bills and reduce pollution. Energy efficiency is also an economic engine, supporting 2.2 million jobs nationwide in manufacturing, construction and other fields — most of which can't be outsourced overseas. This year, EE Day offers a national light bulb challenge to encourage engagement by residents and businesses alike. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? EE Day will encourage City staff, elected officials, businesses, and residents to be more energy efficient at work and at home, and take the light bulb challenge to replace incandescent and compact fluorescent (CFL) bulbs with LED light bulbs. Most City buildings and facilities have already been retrofitted with energy efficient lighting and occupancy sensors. FISCAL IMPACT: There is no impact to the City's budget. ALTERNATIVES: Not proclaim October 5, 2017 as Energy Efficiency Day. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: Yes CLIMATE ACTION DISCUSSION: Promote energy efficiency Is this a grant? Grant Amount: Page 59 of 678 ATTACHMENTS: Type D Proclamation Description Proclamation Page 60 of 678 �`'' .I �Imol, , Proclamation WHEREAS, energy efficiency is the art of getting the same or better performance using less energy -all while cutting utility bills for residential, business, and industrial customers; and WHEREAS, reliable affordable energy is vital to our economic prosperity and energy efficiency is the most productive and cost-effective way to meet our energy needs; and WHEREAS, implementing clean energy policies and programs helps boost economic opportunities and job creation while continuing to move toward a sustainable future; and WHEREAS, cutting energy waste saves U.S. Consumers billions of dollars on their utility bills annually, up to $500 per household from appliance efficiency standards alone; and WHEREAS, more the 2.2 million Americans work in the energy efficiency sector in local, good -paying, clean energy jobs that can't be outsourced and increasing efficiency will create more of the; and WHEREAS, residents and businesses of Boynton Beach can continue to contribute to our energy efficiency efforts by learning about participating in our Energy Edge Rebate and Property Assessed Clean Energy Financing programs, WHEREAS, together the residents of Boynton Beach can continue to contribute to our sustainability efforts by learning more about energy efficiency and practicing smarter energy use in their daily lives; NOW THEREFORE, I, Steven B. Grant, Mayor of the City of Boynton Beach, Florida, do hereby proclaim the 5th of October Two Thousand Seventeen as: ENERGY EFFICIENCY DAY IN WITNESS WHEREOF, I have hereunto se my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach Florida, the 19th day of September, Two Thousand Seventeen. Steven B. Grant, Mayor ATTEST: Judith A. Pyle, CMC City Clerk 5.A. ADMINISTRATIVE 9/19/2017 REQUESTED ACTION BY COMMISSION: Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (N/V Stu) openings east: Arts Commission: 2 Alts Building Board of Adjustments & Appeals: 3 Regs and 2 Alts Employee Pension Board: 1 Reg Library Bd: 1 Alt Senior Advisory Bd: 1 Alt EXPLANATION OF REQUEST: The attached list contains the names of those who have applied for vacancies on the various Advisory Boards. A list of vacancies is provided with the designated Commission members having responsibility for the appointment to fill each vacancy. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Appointments are necessary to keep our Advisory Board full and operating as effectively as possible. FISCAL IMPACT: Non -budgeted None ALTERNATIVES: Allow vacancies to remain unfilled. STRATEGIC PLAN: High Performing City Organization STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 62 of 678 ATTACHMENTS: Type D Other Description Appointments 9-19-17 Page 63 of 678 APPOINTMENTS AND APPLICANTS FOR SEPTEMBER 19,201 Arts Commission II McCray Alt 1 yr term to 12/17 IIII Romelus Alt 1 yr term to 12/17 Applicants None Building Board of Adjustments and Appeals Mayor Grant Reg 3 yr term to 12/17 1 Katz Alt 1 yr term to 12/17 11 McCray Alt 1 yr term to 12/17 III Romelus Reg 3 yr term to 12/17 IV Casello Reg 3 yr term to 12/18 Applicants None Employee Pension Board Mayor Grant Reg 3 yr term to 12/17 Tabled (2) Applicants None Library Board I Katz Alt Applicants None Senior Advisory Board Mayor Grant Alt Applicants None 1 yr term to 12/17 Tabled (2) 1 yr term to 12/17 Tabled (3) Page 64 of 678 CONSENTAGENDA 9/19/2017 REQUESTED ACTION BY COMMISSION: PROPROSED RESOLUTION NO. R17- 089 - Authorize the Mayor to sign the application and agreement for Library State Aid to Public Libraries Grant for FY2017-2018. EXPLANATION OF REQUEST. The State requires that each year, the City Commission authorize the Grant Application and Agreement for State Aid to Public Libraries. Final Grant award is based on FY2015- 2016 City of Boynton Beach funds expended for Library Services ($2,572,274). Final grant award, which is estimated to be $71,088, will be announced in February 2018 and is based on State Legislature approval of State Aid Fund allocation to Libraries in the State of Florida. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Approval will qualify the Library to receive a State Aid Grant which is an incentive program designed to encourage communities to provide adequate local funding to support library service. These grant funds will help purchase future library technology equipment. FISCAL IMPACT: Non -budgeted State Aid Grants are operational grants that bring additional library resources to the community. Grants formulas are based on local funds invested in library service. The more local money spent on Library Services, the higher the grant amounts. ALTERNATIVES: Do not approve and eliminate the Library from the State Aid Grant Program. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Yes Grant Amount: 71,088 Page 65 of 678 ATTACHMENTS: Type Description Resolution appro\4ng Library State Aid Grant Application and Agreement State Aid to Libraries Grant Agreement FY2017- 2018 Page 66 of 678 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 RESOLUTION NO. R17 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE GRANT APPLICATION AND STATE AID TO LIBRARIES GRANT AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND FLORIDA DEPARTMENT OF STATE FOR THE FISCAL YEAR 2017-2018; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the State of Florida requires that the City of Boynton Beach authorize the Grant Application and Agreement for Library State Aid each year; and WHEREAS, final grant award is based on FY 2015-2016 City of Boynton Beach funds expended for Library Services and will be announced in February, 2018 and is based on State Legislature approval of State Aid Fund allocation to libraries in the State of Florida; and WHEREAS, upon recommendation of staff, the City Commission has determined that it is in the best interests of the residents of the City to authorize the Mayor to sign the Library State Aid Grant Application and Agreement with the Florida Department of State, Division of Library and Information Services for the Fiscal Year 2017-2018. 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 26 hereof. 27 4;1 ce Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve and authorize the Mayor to sign the Library State Aid Grant Application and Agreement with Florida Department of State, Division of Library and Information Services C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\51A6393D-76CD-46CB-84D4-36D4912B58E9\Boynton Beach. 6687.1. Library_ State_Aid_Grant 2017-18_-_Reso.doc Page 67 of 678 30 for the Fiscal Year 2017-2018, a copy of which is attached hereto as Exhibit "A". 31 Section 3. This Resolution shall become effective immediately upon passage. 32 PASSED AND ADOPTED this day of , 2017. 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Justin Katz Commissioner — Mack McCray Commissioner — Christina L. Romelus Commissioner — Joe Casello ATTEST: Judith A. Pyle, CMC City Clerk (Corporate Seal) VOTE YES NO C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\51A6393D-76CD-46CB-84D4-36D4912B58E9\Boynton Beach. 6687.1. Library_ State_Aid_Grant 2017-18_-_Reso.doc Page 68 of 678 STATE AID TO LIBRARIES GRANT AGREEMENT BETWEEN T14E STATE OF FLORIDA, DEPARTMENT OF STATE AND City of Boynton Beach for and on behalf of Boynton Beach City Library This Agreement is by and bet -ween the State of Florida, Department of State, Division of Library and Information Services, hereinafter referred to as the "Division," and the City of Boynton Beach for and on behalf of Boynton Beach City Library, hereinafter referred to as the "Grantee." The Grantee has submitted an application and has met all eligibility requirements and has been awarded a State Aid to Libraries Grant (CSMA 45.030) by the Division in the amount specified on the "Fiscal Year 2017-18 State Aid to Libraries Final Grants" document (which is incorporated as part of this Agreement and entitled Attachment 13). The Division has the authority to administer this grant in accordance with Section 257, Flor0a Slatittes, By reference, the application and any approved revisions are hereby made a part ofthis agreement. In consideration ofthe mutual covenants and promises contained herein, the parties agree as follows: 1, Grant Purpose.1-his grant shall be used exclusively for the. "State Aid to Libraries Grant," the public purpose for which these funds were appropriated. The Grantee shall perform the following Scope of Work as identified in Section 257,17, 1--lorichi .Statures: Manage or coordinate ftee library service to the residents of its legal service area. The Grantee shall: I . Have a single administrative head employed full time by the library's governing body, 2. Provide ftee library service, including loaning materials available [or circulation flee of charge and providing reference and information set -vices fi-ee of charge-, 3. Provide access to materials, information and services for all residents of the area served; and 4. Have at least one ]library, branch library or member library open 40 hours or more each week. b, The Grantee agrees to provide the following Deliverables related to the Scope of'Work for payi-nents to be awarded. Payment 1, Deliverable/Task 1: Payment will be a fixed price in the amount Of 100% of the grant award. The Grantee will: c) Adopt or approve current year library budget-, * I lave at least one library, branch library or member library open 40 hours or more each week (excluding holidays) diving the grantee's fiscal year; and * Adopt or approve the Annual Plan of Service for the grantee's fiscal year. State Aid to Libmrios Grant A gcmcnt (I onnl)IJSSA02) Pa, -,e I of I Chaptor !R-21 01 1(2_ka). J:jjectivv 07-11017. Page 69 of 678 2. Length of Agreement.. This Ap-cen-ient shall begin the date the agreernent is si(mied by both the Grantee's Governing Body and the Division and continue until all grant funds have been expended, unless terminated in accordance with the provisions of Section 28 of this A goi-ee tile lit. 3. Expenditure of Grant Funds. The Grantee carn-iot obligate or expend any grant i'Unds bef'ore the Agreement has been signed by all parties. No costs incurred after termination of the Agreen-lent shall he allowed unless specifically authorized by the Division. 4. Contract Administration. The parties are legally bound by the requirements of this agreement. Each party's contract manager, named below, will be responsible for monitoring its pertbrinance under this Agreement and will be the official contact for each party. Any notice(s) or other corni-nunications in regard to this a -eernent shall be directed to or delivered to the other party's t7 91 contract manager by utilizing the information below. Any change in the contact information below should be submitted in writing to the contract rnanager within 10 days of the change. For the Division of Library and Information Seiiices: Marian Feeney, I-ibrary Program Adininisti'ator Florida Department of State R,A. Gray Building Mail Station # 9D 500 South Bronough Street Tallahassee, Florida 32399-0250 Phone: 850,245.6620 Facsirnile-, 850.245.6643 Email: iiiarian.deeiieyq.,,dos,iiiyl-loricia.com For the Grantee: Craig Clark, Project Manager 01 208 South Seacrest Boulevard Boynton Beach, Florida 33435 Phone: 561.742.6390 Facsirrille: 561.742,6381 Ernall: clarkc(i ,bbfl,us Grant Payments. The total grant award shall not exceed the amount specified on the "Fiscal Year 2017-18 State Aid to Libraries Final Grants- document (Attachrrient B), which shall be paid by the Division in consideration for the Grantee's raininiurn performance as set forth by the tern -Ls and conditions of this Agreement. Payment will be a fixed price in the amount of 100% of the grant award as specified in Attachment B. payment will be made in accordance with the cornpletion of the Deliverables. 6. Electronic PaNments. The Grantee can choose to use electronic hinds transfier (EFT) to receive ,grant, payments. All grantees wishing to receive their award through EFT ITILISt SUhulit a Vendor Direct Deposit Authorization lbri-ri (incorporated by reference) to the Florida Department of Financial Services. If EFT has already been set up for your organization, You do not need to submit z:1 another authorization fOrrn Unless you have changed bank ',recounts. To download this form visit inyfloriciacio.coiii'DivisiotvAA/Fori-iisI'DFS-AI-26E,pdf. The form also includes tools and information that allow you to check on payments. State Aid to Librancs O,aw Aarecirient (Fomi D SN, C) ('hap[cr 1B-2.01 1(2)(a). P - lorOa Iffloamsfroth c Uo,ie, Ffl'cciivc 07-2017 Pa,,e 2 of'! 5 1 Page 70 of 678 7. Horida Substitute porn nn W-9. A completed Substitute Form W-9 is required fi-orn any entity that receives a payinent frorn the State offlorida that may be Subject to 109,9 reporting,, The Department of Financial Services (DFS) must have the correct Taxpayer Identification Number (TIN) and other related information in order to report accurate tax information to the Internal Revenue Service, (IRS). To register or access a Florida Substitute Form W-9 visit flvLiiciot-.iilyfloridac]6.colil/. A copy of the Grantee's florida Substitute Forni XV -9 must be submitted by the Grantee to the Division with the executed Agreeimnt. 8. Financial Consequences. The Department shall apply the k:illo\ving financial consequences for (allure to perform the minimum level of services required by this Agreement in accordance with Sections 215,971 and 287.058, 1--IorOa Stalwes: Should the library fail to provide lice library service to the public or to be open for at least 40 hours per week, it will no longer be eligible to receive State Aid to Libraries grant fitinding, and its funding c, will be reduced to zero. Payment will be withheld if Deliverables are not satisfiactonly completed. 9. Credit Line(s) to Acknowledge Grant Funding. The Division requires public acknowledgement of State Aid to Libraries Grant funding for activities and publications supported by grant fluids. Any announcements, information, press releases, publications, brochures, videos, web pages, programs, etc. created as part of a State Aid to Libraries Grant project must include an acknowledgment that State Aid to Libraries Grant funds were used to create them. Use the following text: "This project has been funded Wider the provisions ofthe State Aid to Libraries Grant program which is administered by the Florida Department of State's Division of Library and Information Services," 10. Non -allowable Grant Expenditures. The Grantee agrees to expend all &,rant funds received Under this agreement solely for the purposes for which they were authorized and appropriated. Expenditures shall be in compliance with the state guidelines for allowable project costs as outlined in the Department of Financial Services' Rc1`crcncc Guide for State Expenditures (incorporated by reference), which are available online at iiiyfloi-idacfc),coiii!"a,,id'li"i-ef'creiice_(YLil'de. Grant funds may notbe used for the purchase or construction of a library building or library quarters 11. Travel Expenses. The Subgrantee must pay any travel expenses, from grant or local matching fund,;, in accordance to the provisions of Section 112.061, F-lorida. Slamics 11 Unobligated and Unearned Funds and Allowable Costs. In accordance with Section 215.971, Florida Statutes, the Grantee shall refund to the State of Florida any balance of unobligated funds which has been advanced or paid to the Grantee. In addition, funds paid in excess of the amount to which the recipient is entitled under the terms and conditions of the agreement must be refunded to the state agency. Further, the recipient may expend funds only for allowable costs resultin-g, ftom obligations incurred during the specified agreement period. Expenditures of state financial assistance inust be in compliance with the laws, rules and reOUlations applicable to expenditures of State funds, including, but not limited to, the Rele'rence Guide leer- State Exj)enditures. Siwe W io Libraries Grjne Agrccjwnt (Fonn I)LIS.,SA02) Page 3 of 15 (lapter I B-2.(i11(,2)ta)- Flori&j . e Code, Fflective 07-2017. Page 71 of 678 I3. Repayment. All refunds or repayments to be made to the Department under this agreement are to be made payable to the order of "Department of'State" and mailed directly to the following address: Florida Department of State, Attention: Marian Deency, Division of Library and Inf'orinau0n Services, 500 South Br0r10UUh Street, Mall Station #19D, Tallahassee. 1-1- 32399. In accordance with Section 215.34(2), Florida Statutes, if a check or other draft is returned to the Department for collection, Recipient shall pay to the Department a service fee of 515.00 or five percent (5%) ofthe face amount of the returned check or draft, NvIiieliever is (Teater. 14, Single Audit Act. Each grantee, other than a grantee that is a State agency, shall submit to ,in audit pursuant to Section 215.5x7, Flo)-ida Statutes. See Attachment A for additional information regarding this requirement. If a Grantee is not required by law to conduct an audit in accordance with the Florida Single Audit Act because it did not expend at least 5750,000 in state financial assistance. it Must submit a Financial Report on its operations Pursuant to Section 257A 1 (3), Flo i-ida AStcilutes within nine months of the close of its fiscal year, 15, Retention of Accounting Records. Financial records, supporting documents, statistical records and all other records, including electronic storage media pertinent to the Project, shall be retained for a period oil' five (5) fiscal years after the close out of the grant and release of the audit. If any litigation or audit is initiated or claire rnade before the expiration of the five-year period, the records shall be retained for five fiscal years after the litigation, audit or claim has been resolved. 16, Obligation to Provide State Access to Grant Records. The Grantee Must make all (,,:rant records of expenditures, copies of reports, books, and related documentation available to the Division or a duly authorized representative of the State of Florida for inspection at reasonable times for the purpose ofinaking audits, examinations, excerpts and transcripts. 17. Obligation to Provide Public Access to Grant Records. The Division reserves the right to unilaterally cancel this Agreement in the event that the Grantee refuses public access to all documents or other iriaterials made or received by the Grantee that are subject to the provisions Of' Chapter 119, Florida Siamies, known as the F'lot-icla Public Records Act. The Grantee must immediately contact the Division's Contract Manager for -assistance if it receives a public records request related to this Agreement. 18. Noncornpliance. Any Grantee that is not following P'Ioi-ida Slolitics or rules, the terms of the grant agreement, Florida Department of State policies and guidance, local policies, or other applicable law or that has not submitted required reports or satisfied other administrative requirements for other Division of Library and Info r inau on Services grants or grants from any other Office of Cultural, Historical, and Information Prograrns (OCHIP) Division will be in rioncon-1pliance status and subject to the OCHIP Grants Compliance Procedure. OCHIP Divisions include the Division of Cultural All"airs. the Division of I listorical resources, and the Division of Library and Information Services, Grant compliance, issues must be resolved before a grant award agreement may be executed and before gant payments for any OCIIIP grant may be released. State Aid to Librancs Graw Amcn-cm (FomiDUS SAO'-,) Ch a p ter IB -2 011 Florida ('ude, En&kive 07-2-017, Pla ge 4 o f 15 Page 72 of 678 19, Accounting Require me nts. The Grantee Must maintain an accounting system that provides a complete record ofthe use of all grant funds as follows: a) The aWCOLUT(ing system must be able to specifically identify and provide audit trails that trace the receipt, maintenance and expenditure of state funds; b) Accounting records must adequately identi Fy the sources and application of funds for all grant activities and must classify and identify grantftinds by using the same budget categories that were approved in the &,rant application. if Grantee's accounting system accumulates data in a different format than the one in the grant application, subsidiary records must document and reconcile the amounts shown in the Grantee's accounting records to those amounts reported to the Division,C> c) An interest-bearing checking account or accounts in a state or federally chartered institution may be used for revenues and expenses described in the Scope of Work and detailed in the Estimated ProJect Budget; d) The name ofthe account(s) must Include the grant award number; c) The Grantee's accounting records must have eflective control over and accountability for all ftinds, property and other assets; and f) Accounting records must be Supported by source documentation and be in sufficient detail to allow tbr a proper pre -audit and post -audit (such as invoices, bills and canceled checks). 20. Availability of State Funds. The State of Florida's perforn-iancc and obligation to pay under this Aggeernent are contingent upon an annual appropriation by the Florida Legislature. In the event that the state funds upon which this Agreement is dependent are withdrawn, this Ag -cement will be automatically terminated and the Division shall have no further liability to the Grantee beyond those amounts already expended prior to the termination date. Such termination will not affect the responsibility of the Grantee under this Agreement, as to those funds previously distributed. In the event ot'a state revenue shortfall, the total grant may be reduced accordingly. 21. Lobbying. The Subgrantee will not use any grant funds for lobbying the state legislature, the state judicial udicial branch or any state agency. 22. Independent Contractor Status of Grantee. The Grantee, if not a state agency, agrees that its officers, agents and employees, in performance of this Agreement, shall act in the capacity of independent contractors and not as officers, agents or employees ofthe state, The Grantee is not entitled to accrue any benefits of state employment, including retirement benefits and any other rights or privileges connected with employment by the State of Florida. 23. Grantee's Subcontractors. The Grantee shall be responsible for all work performed and all expenses incurred in connection with this Agreement. The Grantee may subcontract, as necessary, to perform the services and to provide commodities required by this Agreement. The Division shall not be liable to any subcontractor(s) for any expenses or liabilities incurred under the Grantee's subcontract(s), and the Grantee shall be solely liable to its subcontractor(s) for all expenses and liabilities incurred under its subcontract(s). "Hie Grantee must take the necessary steps to ensure that each of its Subcontractors will be deemed to be independent contractors and will not be considered or permitted to be agents, servants, joint venturers or partners ofthe Division. statc %K] to Libiarws 0 -am Agrccixm(Form DLYS SAO -2) Pae gc 5 o t' 15 CI w p m I [i-2 011(2)(a), Florida 4 dminiso-wh c Cote, I Tfec I ive 07-2017 Page 73 of 678 24, Liability. The Division will not assume any liability for the acts, omissions to act or negligence of the Grantee. its agents, servants or eiriployees; nor may the Grantee exclude liability for Its own acts, omissions to act or negligence to the Division. a) The Grantee shall be responsible for claims of any nature, including but not limited to injury, death and property damage arising out of acti viti es related to this Agreement by the Grantee,, its agents, ,cuts, servants, ernployees and subcontractors. The Grantee shall indemnify and hold the Division hartnicss from any and all claims of any nature and shall investigate all such claims at its own Z:� expense. If the Grantee is governed by Section 768.28, Puri(ki Stotute.5, it shall only be obligated in accordance with this Section, b) Neither the state nor any agency or subdivision of the state waives any defiense of Sovereign Immunity or increases the limits of its liability by entering into this Agreement. c) The Division shall not be liable for attorney fees, interest, late charges or service fees, or cost of collection related to this Aggreerricrit. d) The Grantee shall be responsible for- all work perfori-ried and all expenses incurred in connection with the protect. The Grantee May Subcontract as necessary to perform the services set forth in this Agreement, ]including entering into subcontracts with vendors far services and commodities, provided that SUCIA Subcontract has been approved in writing by the Department prior to its execution and provided that it is understood by the Grantee that the Department shall not be liable to the subcontractor for any expenses or liabilities Incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor tor all expense,., and liabilities Incurred under the subcontract. 25, Strict Compliance Nvith La-vvs. The Grantee shall perform all acts required by this Agreement in strict confiormity with all applicable laws and regulations of the local, state and federal law. For consequences of noncompliance, see Section 18, Noncompliance. 20. No Discritygiiation. The Grantee may not discriminate against any employee employed Linder this A color, religion gender, Agreement or against any applicant for employment because of race. Z__ I national origin, age, handicap, pregnancy oi- i-mrital status. The Grantee shall insert a similar C, l-;, provision in all of its subcontracts for services Linder this Agreement. 27. Breach of Agreen'ient. The Division will demand the return of grant funds already received, will withhold subsequent payn-ients and/or will terminate this agreement if the Grantee Improperly expends and manages grant fund,;- falls to prepare, preserve or surrender records required by this Agreement; or otherwise violates this Agreement. `stag: V6 to I-ibranes Oram Agr:mcm (Form DUS SAO'-) 11a.,, c 6 of 15 (Ii,jp[er M-2 01 1(2)ra). ('t)z-je, Pfli c6vc 072017 Page 74 of 678 28, Termination of Agreernent. The Division will terminate or end this Agreement If the Grantee falls, to fulfill its obligations herein. In such event, the Division will provide the Grantee a notice ofits violation by letter and shall give the Grantee fifteen ( 15) calendar days frorn the date of receipt to cure its violation. If the violation is not cured within the stated period, the Division will terminate this Agreement. The notice of -violation letter shall be delivered to the Grantee's Contract Manager, personally, or mailed to his/hcr specified address by to method that provides proof ofreceipt. In the event that the Division terminates this Agreement, the Grantee will be compensated for any work completed in accordance with this Agreeirieril prior to the notification of termination if the Division deems this reasonable under the circus-tstanccs. Grant hinds previously advanced and not expended on work cornpleted in accordance with this Agreement shall be returned to the Division, with interest, within thirty (30) days after tcri'llination ofthis Agreement. The Division does not waive any of its rights to additional damages if in -ant Rinds are returned under this Section, 29, Preservation of Remedies. No delay or omission to exercise any right, power or remedy accruing to either party upon breach or violation by either party under this Agreement shall impair any Such right, power or remedy of either party; nor shall such delay or omission be construed as a waiver of any such breach or C10"ClUlt or any slinflar breach or default. 0. Non -Assignment of Agreen-iient. The Grantee may not assi )-ns Liblicense or otherwise transfer its rights, duties or obligations under this Agreement without the prior written consent of'thc Division, which shall not unreasonably be withheld. The agreen-ient transferee must demonstrate compliance with the requirements of the- project. If the Division approves a transfer of the Grantee's obligations, the Grantee shall remain liable for all work performed and all expenses incurred in connection with this Agreement. In the event the Legislature tyarisfcrs the rights, duties and obligations ofthe Division to another governmental entity, pursuant to Section 20,06, Florida Sionaes or otherwise, the rights, duties and obligations under this Agreement shall be transf'erred to the succeeding governmental agency as if it was the original party to this Agreement. 31. Required Procurermnt Procedures for Obtaining Goods and Services. The Grantee shall I I'd e rna xi tion when procuring goods and services related to the g prov u-nurn open cornpet grant -assisted project in accordance with Section 287.057, Florida Statutes. a) Procurement of Goods and Services Not Exceeding 535,000. The Grantee Must use the applicable procurement method described below: I Purchases Up to $2,500: Procurement of goods and services where individual purchases do not C - exceed $2,500 do not require competition and may be conducted at the Grantee's discretion. 2 services 0 Purchases or Contract Amounts Between S2,500 and S35,000: Goods and servic s c sting between 52,500 and $35,000 require informal competition and may be procured by purchase order, acceptance of vendor proposals or other appropriate prOCUrerrient document, b) Procuren-tent of Goods and Services Exceeding 535,000, Goods and services costing over 535,000 may be procured by either Formal Invitation to Bid, Request for proposals or Invitation to Negotiate and iriay be PFOCLLred by purchase order, acceptance ot'vendor proposals or other appropriate procurement document. Staic Aid 10 LAIMa11-iLS 0 -ant Agreen)CTIL (FOMI DLIS. SA02) Charter 113-2 011(2)(;,), 1-7ori,io Adminisirative COfic, I-Ecclive 07-2017. page 7,)f 15 Page 75 of 678 32, Conflicts of Interest. The Grantee hereby certifies that it is cognizant of the prohibition of conflicts ofinterest described in Sections 112.311 through 112.326, Morida Sicaules and affirms that it will not enter into or maintain a business or other relationship with any employee of the Department of State that would violate those provisions, The Grantee further agrees to seek authorization from the General Counsel for the Department of State prior to entering into any business or other relationship with a Department of State Employee to avoid a potential violation ofthose statutes. 33. Binding of Successors. This Agreement shall bind the successors. assigns and leval representatives of the Grantee and of any legal entity that, succeeds to the obligations of the Division of Library and Information Services. 34, Employment of Unauthorized Aliens. The employment of unauthorized aliens by the Grantee is considered onsi ered a violation of Section 274A (a) ofthe immigration and Nationality Act. If the Grantee knowingly employs unauthorized allens, such violation shall be cause for Unilateral cancellation of this Agreement. 35. Severability. If any term or provision of the Agreement is found to be illegal and urienforceable, the remainder will remain in full force and effect, and such term or provision shall be deemed stricken. -'6. Anicricansvvith Disabilities Act. All progran-ts and facilities related to this Agreement must meet 3 the standards of Sections 553.5011-553.51.3, 1�-Ioridci Statutes and the Americans with Disabilities Act of 1990. 37. Governing Law. This Agreement shall be construed, performed and enforced in all respects in accordance with the laws and rules of Florida. Venue or location for any legal action arising under I this Agreement will be in I.eon County, Florida. 38. Entire Agree"nt. The entire Agreement of the parties consists of the following documents: a) This Agreement b) Florida Single Audit Act Requirements (Attachment A) 0 Fiscal Year 2017-18 State Aid to I-ibraries Final Grants (Attachment 13) Smic Aid to Libraries Own ArccincnT (1`omil)LIS SA02) flaswe Sof 15 Chapter M-2 (if 1(2)(a), 1 /m Cock, EfTmk e U"-2097_Page 76 of 678 The Grantee hereby certifies that they have read this entire Agreement and will comply with all of its, requirements. Date of'Agreement! Grantee: By Ct-uw- off-Jctvcminc, Bodv or Chid Exec utivc Officer 1W.110jr.141r, MO. a — - - Tpcd 1 -kill -C OW title Cleric or Chief l'U'Uncial Officer Typed rkum and title Judith Pyle, City Clerk Date rx-pat-taxit of State: BY: Twed ii-mv and title Witness State A)d to Lbniric, Grant Agwellolt (Form DLIS SA02) Pae 9 o6` t5 Chapter I I S --'.O 1 1(21(a), Aclpwm,wr wffe ivc Code. Ect ivc 07-2017_1 Page 77 of 678 ATTACI-IMENT A FEDERAL AND STATE OF FLORIDA SINGLE AUDIT ACT REQUIREMENTS AUDIT REQUIREMENTS The administration of resources awarded by the Department of State to the Grantee rrmy be subject to audits and/or monitoring by the Department of State as described in this Addendum to the Grant Award Agrccirient. MONITORING In addition to rev=iews ews Of audits conducted In accordance with 2 CFR 200.501 Section 215.97, Floridu Statutes, monitoring procedures may Include, but not be limited to., on-site visits by Department of State staff, limited scope audits as defined by 2 CFR 2 §200,425, and' 'or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring PrOCCdUres./processes deemed appropriate by the Departri-rent of State. In the event the Department of State determines that a limited scope audit of the recipient is appropriate, the recipient ao-Tees to comply with any additional instructions provided by the Department of State staffto the recipient regarding such audit. The recipient further am-ces to comply and cooperate with any inspections, reviews, investigations, or audits deenied necessary by the Chieffinancial Officer or Auditor General. AUDIT S PART I- FEDERALLY FUNDED: This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 21 CFR 200.90, 200.64 & 200.70 as revised. 1. In the event that the recipient expends S750,000 for fiscal years ending after Ds ccrnbcr 31, 2014 or more during the non -Federal entity's fiscal year in Federal awards in It,; fiscal year, the recipient must have a single or program -specific audit conducted in accordance with the provisions of 2CFR 200.501. Exhibit I to this agm,ecriient indicates Federal resources awarded through the Department of State. The determination Ofal-1101.111ts ol"Federal awards expended should be in accordance with the guidelines established by 2 CFR 200.502. An audit ofthe recipient conducted by the Auditor General in accordance with the provisions oft CM 200.5 14, as revised, will meet the requirement of this part. 2. In connection with the audit requirements addressed in Part 1, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR 200.508, 3. If the recipient expends less than 5750,000 for fiscal years ending after December 31, 2014 in Federal awards in its fiscal year, pan audit conducted in accordance with the provisions of 2 C17R 200.501 is not required. In the event that the recipient expends less than S750,000 for fiscal years endinc, after December 31, 2014 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200.501, the cost of the audit must be paid from non -Federal resources (i.e., the Cost Of Such an audit must be paid from recipient resources obtained firom other than Federal entities). (d) Exemption when Federal awards expended are less than $750,000. A non -Federal entity that expends less than 5750,000 during the non -Federal entity's fiscal year in Federal awards is exempt from Federal audit requirements for that year, except as noted in 2 CFR §200,503 Relation to other audit requirements, but records must be available for Strut Aid to Libraries Ckam ALreemcm (FonnDLIS SA02) Chapter 113-21.01 1(2)(a),Florido ('ofk, fffccnc 07-2017. f1j,-,C 10 of 15 Page 78 of 678 review or audit by appropriate officials of the Federal agency, pass-through entity, and Government Accountability Office (GAO). The Internet Nveb addresses listed belom, will assist recipients in locating docurrients referenced in the text of this agreemcrit and the interpretation of compliance issues. U,S. Government Printing Office wivi,ii.e(fi--gov PART If: STATE FUNDED: This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2) (1).f7m,-icla stallaes In the event that the recipient expends a total arnOLMt of State financial assistance equal to or M excess of 5750,000 in any fiscal year of such recipient (for fiscal years ending after June 30, 2016), the recipient Must have a State single or project-spccific audit for such fiscal year in accordance with Section 215.97, F'7ot-kiti Slumles; applicable rules of the Executive Office of the Governor and the Chief inanclal Officer.- and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. EXHIBIT I to this agreement indicates state financial assistance awarded through the Department of'State by this agreeincrit. In determining the state financial assistance expended in its fiscal year., the recipient shall consider all sources of state financial assistance, including state financial assistance received frons the Department of State, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal prog ain rriatcluu requirements. In connection with the audit requirements addressed in Part 11, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 2 15.97(7), Flm-icla Slumtes. This includes sublillission of a financial reporting package as defined by Section 215.97(2) (d), Floi-ida Stulutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and Cor -profit organizations), Rules of the Auditor General. If the recipient expends less than 5750,000 in state financial assistance in its fiscal year (for fiscal years ending after June 30, 2016), an audit conducted in accordance with the provisions of Section 215.97, Floi-ida Stotittes, is not required. In the event that the recipient expends less than S750,000 in state financial assistance in its fiscal year ending after June 30, 2016 and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Stc-mats, the cost of the audit must be paid from, the nonstate entity's resources (i.e., the Cost Of Such an audit must be paid from the recipient's resources obtained from other than State entities). The Internet web addresses listed below will assist recipients in locating documents reft renced in the text of this agreement and the interpretation of compliance Issues. State of lorlda Department Financial Services (Chief Financial Officer) l"t ://WWjyfldfscolr1/ State of'Florida Legislature (Statutes, Legislation relating to the Florida Single Audit Act) htq):// vww.leg-state-fLus/ State Aid it) I ibiams Gram A Lrccmm I (FoiIIII)LIS SA(2) Pago I I o H 5 Chapter 1&2.011(2)(a3, Code, I 41c(ive 0 -?Ulf. Page 79 of 678 PART III; REPORT SUBMISSION 1. Copies of reporting packages 16r audits conducted in accordance with ONIB Circular A-1 33, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the fol lowill(y: b A, The Department of State at each of the Co I low Ing addresses: Office of Inspector General Florida Department of State R, A. Gray Building, Room 114A 500 South BronOU.(-111 St. Tallahassee, FL 32399-0250 B, The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, is revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Cel-ISUS 1201 East 10th Street Jeffersonville, IN 47 132 C. Other Federal agencies and pass-throLigh entities in accordance with Sections .3120 (e) and OMB Circular A-133,. as revised. 2. Copies of financial reporting packages required by PART 11 of this a_w, -eernent shall be submitted by or on behalf ofthe recipient direetting: y, to each of the follow' A, The Department of'State at each of the f'ollowing addresses: Office of Inspector General Florida Department of State R. A. Gray BuildinLl, Room 114A 500 South Bronough St. Tallahassee, FL 321399-0250 B. The Auditor General's Office at the fol lowingaddress: Auditor General's Office Room 401, Pepper Building I I I West Madison Street Tallahassee. Florida 32399-1450 3. Any reports, managcment letter, or other information required to be submitted to the Department of State pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133, Floc-ida Siumtes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for- profit organizations), Rules of the Auditor General, as applicable. 4. Recipients, When submitting financial reporting packages to the Department of State for audits done Slatc Aid to Libraries Grant Agrecnwni (Form DDS SA021 Page 12 of 15 Cliap I er I B-101 1(2)(a), CoCle% 1-fliective 07-2017. Page 80 of 678 in accordance with OMB Circular A-133) or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules ofthe Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART IV: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the tern-ts of this agyreemcrit for a period of five years fi-om the date the audit report is issued, and shall allow the Department of State, or its designee, CFO. or Auditor General access to Such records upon request. The recipient shall ensurc that aMcfit working papers are made available to the Department of'State, or its desigmee, CFO. or Auditor General upon request for a period of at least three years from the date the audit report is issued, L1111CSS extended in writing by the Department of State. Smc Aid w Librww, Oam AgrConvill WomIDLIS SA02) Chapict M-201](2)(a)'I 441mi0sinmve Code, 07-2017. fags [ I of 15 Page 81 of 678 EXHIBIT — I FEDERAL RESOURCES AWARDED TOTHE RECIPIENT PURSUANT TO THIS AGREEMENT CON SISTOF'rim FOLLOWING: Not Applicable. COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Not Applicable. STATE RESOURCES AWARDED T0.111E RECIPIENT PURSUANT TO MRS AGREEMENT CONSIST OT THE FOLLOWING: - MATCHING RES OURCES FOR FEDERAL PROGRAM Q. - . Not Applicable. SUBJECT TO SECTION 215.97 FloridaS�Iafut—es:, Florida Department of -State, State Aid to Libraries: CSFA Number 45.030, Award AMOUnt: See Attachment B. COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: The compliance requirernents of this state project may be found in Part Four (State Project ect Compliance Requirements) of the State Projects Compliance Supplement located at lit, Staic aid to Libnmes Oram Agreenvnt (Fonn DLIS SAO?Page 14 ©F 15 Ch a Iner 113-2.011(2)(x}, 1.7m idfi A dinims(rat, I ' Code. Lal m iv c 07-2017. Page 82 of 678 ATTR CHMENT B [Fiscal Year 2017- 18 State A] d to Libraries Final Grants to be attached by the Division upon exec Lition of the agreement] St u,: Aid to Libi-w-ics, O -ant Agrcenvw (Forml-)IJS SAO23 N�,,e 15 of 15 Chlptcr 133-I M 1(2y(a), Cwle, I'll"ectiN c (17-2M7. Page 83 of 678 M CONSENTAGENDA 9/19/2017 REQUESTED ACTION BY COMMISSION: Approve utilizing the Palm Beach County School Board contract#16C-7Twith Stokes Mechanical Contractor, Inc. of Lake Worth, FL to replace coils and repair (2) two carrier package units for the West Water Treatment Plant in the amount of $48,542. PBC School Board procurement process satisfies the City's competitive bid requirements. EXPLANATION OF REQUEST: Contract Period: October 22, 2016 - October 21, 2017 Renewal Period: October 22, 2017 - October 21, 2018 The two carrier package units for the West Water Treatment Plant, RTU 1: M/50JJ-020-GCB60-BB, S/2107G10093. RTU 3: M/50HJ-028-HC60-BB, S/1407G40016 is in need of major repairs. These units serve the West Water Treatment Plant's electrical room which houses the main machines that keep The West Water Treatment Plant running. These machines generate enormous heat and need to be cooled constantly in order for them to function properly. To provide proper cooling and keep these machines working properly, the Utilities Department is requesting to repair these units which will involve replacing of the condenser coils etc. Stokes Mechanical Contractors has given the city a quote of $48,542. Boynton Beach Utilities (BBU) recommends awarding this project to Stokes Mechanical Contractor which is also the present contract holder for the Palm Beach County School Board. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This project is in support of the Utilities ongoing facilities maintenance program. The program preserves the integrity of each structure as well as the appearance of surrounding neighborhoods and community. These repairs are required for preventing any damage to the present machinery that is running The West Plant and that will lead to City of Boynton Beach exhausting more funds for repairs of other machinery. FISCAL IMPACT: Budgeted Will be paid from account 401-2811-536-49-17 ALTERNATIVES: Replace both units with two brand new units. The amount to do so is significantly higher than repairing units which were quoted by the vendors noted above. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No Page 84 of 678 CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Addendum Description Supporting Documents Page 85 of 678 TO. Stol= Mechadad CorAMCtor, hw, 20017" AvemueNarth L" Worth, FL 33461 Aftw- ftm Stakea "A From: Dennis MMWH, PMvbLqWg Agent PhoniL 561-434-8507 Subjed: Fal0ring Cautmd conftwNulshw. 16C -Tr Contmat Title: HVAC Meduu&al Cuaftdon: Prev"Ve Makdanance, Repairs amd Inwintions Expingion DO—, October 21, 2017 MP -71"71 7i5! ;I I : t I Zi 41 r 01 10 P ','i FT rA F► �7774--IFTI x I wish to renew this Bid for an additional yr. All Speefficationg, Taros, Cmftons and pddng will remain the same for an additional year of the conhv& I do not wish to renew dds cwtract. &7/17 Date U- fly 4 T MZ PS '3•,5..... Page 86 of 678 6.C. CONSENTAGENDA 9/19/2017 REQUESTED ACTION BY COMMISSION: Approve funding in the amount not to exceed $12,000 for a Commercial Rent Reimbursement Grant to South Florida Stairs, Inc., 2901 Commerce Drive NW, Boynton Beach, FL 33426. EXPLANATION OF REQUEST: An Economic Development objective is to aid in offsetting costs for new and existing businesses that open or expand within City limits. The Commercial Rent Subsidy grant is available to new and existing businesses as an effort to meet this objective. South Florida Stairs, Inc., an existing business that relocated to Boynton Beach in February 2016 and has grown their business substantially since making Boynton Beach their new home. The growth was measured by the increase of employees. Since relocation the business has grown from 8 to 27 full-time employees, of which 8 was hired within the last 6 months. At least one of the new employees earns at least $17.33 hourly or 10% higher than Palm Beach County's median wage. The Commercial Rent Reimbursement Grant program offers financial assistance up to $12,000 in the form of rent payment reimbursement up to half of the business's monthly rent or $1,000 per month, whichever is less. The applicant meets all program guidelines required to be awarded funds from the Commercial Rent Reimbursement Grant. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The award to South Florida Stairs, Inc. will be an attribute to the City's Economic Development Program and the City's common goal of attracting new businesses as well as promote growth for existing businesses. FISCAL IMPACT: Budgeted A maximum of $12,000 from account 001-2419-559-49-68. The City will reimburse applicant on a quarterly basis. ALTERNATIVES: Commission may approve a reduced funding amount or do not award the grant. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 89 of 678 Is this a grant? No Grant Amount: ATTACHMENTS: Type D Attachment D Attachment REVIEWERS: Department Reviewer Development Pyle, Judith Development Pyle, Judith Development Pyle, Judith Assistant City Manager Pyle, Judith Finance Howard, Tim City Manager LaVerriere, Lori Description So Fl Stairs Grant Checklist Supporting Documents Action Date Approved 9/13/2017 ® 3:19 PM Approved 9/13/2017 ® 3:21 PM Approved 9/13/2017 ® 3:23 PM Approved 9/13/2017 ® 3:24 PM Approved 9/13/2017 ® 4:01 PM Approved 9/14/2017 ® 11:35 AM Page 90 of 678 CHECKLIST FOR RENT and/or BUILDOUT GRANT SUBMITTAL South Florida Stairs El New Business 0 Existing Business Business Name 0 Rent Reimbursement El Build Out Request 2901 Commerce Park Dr NW, Boynton Beach, FL 33426 StreetAddress Alison Fehsal Contact Name Email Phone# Cell# is DOCUMENTATION YES N/A COMMENTS Complete & signed application I W9 Form 2 Business Tax Receipt — City 3 Business Tax Receipt — County 4 Corporate Documents 5 Exec uted/P ro posed Multi -Year Commercial Lease Agreement 6 Resume or qualifications of all owners [describing experience & track record] 7 Two [2] years of Corporate Tax Returns [existing businesses] 7 Two [2] years of Personal Tax Returns [new businesses] N/ Jobs to be Created [newbusiness] • Job Descriptions • Pay Range •Weekly Schedule 8 Jobs Established [existing business] • Job Descriptions • Pay Range •Weekly Schedule Page 91 of 678 9 BUSINESS EXPANSION D- f•; plan and/or construction plans associated with proposed improvements, indicating the existing and proposed square footage size [expansion size must be minimum 30% of 10 1 Additional information J Y' Y U1210 A 7l T -J"' Page 92 of 678 201312014 City of Boynton Beach Commercial Rent Reimbur!snn—.---1 (Please Type or Print Only Additional Sheets if Necessary) BUSINESS INFORMATION: Applicant's Name: SOUTH FLORIDA STAIRS, INC. Applicant's Mailing Address: 2901 COMMERCE PARK DRIVE NW, BOYNTON BEACH 33426 Business Name (D/B/A if applicable): I Current Business Address: 2901 COMMERCE PARK DRIVE Nw, BOYNTON BEACH, FL 33422 9047101=31=101 Ammvi s Email:—jan@southfloridastairs.com Fed ID# 80-0956076 Months/years @ Current Location: 17 New Business to Boynton Beach: Yes x No Do you have an executed lease agreement? Yes x No Monthly Rent: 7720.35 New Business Address (if applicable ): 2901 COMMERCE PARK DRIVE NW, BOYNTON BEACH, FL 33426 Existing Business: Yes x No Number of years in existence: 4 / PREV. CO. 9 Square footage of existing location 2920 apx square footage of new location 8750 Type of Business: STAIR MANUFACTURING Number of Employees: 20 Hours of Operation 7:11AM - 5:00 PM Are you applying for grant assistance under any other program offered by the City? Yes x No If yes, what additional programs are you applying for: COMMERCIAL INTERIOR BUILD -OUT ASSISTANCE PROGRAM ATe yot receiving grant assi-sTa-n—ce7rom any other governmental agencies? Yes No X If yes, list any adonal grant sources and amounts: Page 6 of 9 100 E. Boynton Beach Blvd P.O. Box 310 Boynton Beach, FL 33425-0310 Phone 561-742-6350 Fax 561-742-6357 W-�ny-jmynio�I- —bcViO—,(erg Initials Page 93 of 678 CERTIFICATION AN[j WAIVER OF PRIVACY - 1, the undersigned, applicant(s) certify that all information presented in this application, and all of a icat ion nd all of the information furnished in support of the application, is given for the purpose of obtaining a PPI grant under the City of Boynton Beach.Cap4mord.-d4Mef4ef-Bu4kkgut-PfWf-afl+, and it is true and complete to the best of the applicant nowledge and belief. The applicant(s) further certifies /0 impriso m that �e t• r �s e is aware of the fact th he he can be penalized by fine and/or •imprisonment for making false statements or presenting false information. I further acknowledge that I have read 9,nd understand the terms and conditions set forth and described in the City of Boynton Beach Commercial Interior Build -Out Program Guidelines. I I hereby waive my rights under the privacy and confidentiality provision act, and give my consent to the City of Boynton Beach, its agents and contractors toexamine *• ny confidential information given herein. I further grant permission, and authorize any bank, eployer or other public or private agency to disclose information deemed necessary to complete this application. I give permission to the City or its agents to take photos of myself and business to be used to promote the program. I understand that if this application and the information furnished in support of the application 2.re found to be incomplete, it will not be processed. It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program Application and Guidelines. Principal/Owner's Signature Date Printed Name Title Page 7 of 9 100 E. Boynton Beach Blvd P.O. Box 310 Boynton Beach, FL 33425-0310 Phone 561-742-6350 Fax 561-742-6357 www,boynlon-bcach.o I , -------------- - - ------------------ --- __ - rg , Initials* Page 94 of 678 5/25/2017 Y,riffic-ipallOwner's Signature Date JOSHUA COTE 5/25/2017 Printed Name Title 5/25/2017 Principal/Owner's Signature Date ROBERT LOSIK 5/25/2017 Printed Name Title Principal/Owner's Signature Date Printed Name Title Page 7 of 9 100 E. Boynton Beach Blvd P.O. Box 310 Boynton Beach, FL 33425-0310 Phone 561-742-6350 Fax 561-742-6357 www,boynlon-bcach.o I , -------------- - - ------------------ --- __ - rg , Initials* Page 94 of 678 Notary as to Principal/Owner's Signatures. Multiple Notary pages may be used if signing individually. STATE OF COUNTY OF BEFORE ME, an officer duly authorized by law to administer oaths and take acknodgements, personally appeared wl740,�/?Ivac-- who is personally known to me or produced as identification, and acknowledged he it and �ge executed the foregoing Agreement ;�r nd tha t _,the use and purposes mentioned in it and tha the instrument is s er act and deed. his IN WITNESS OF THE FOREGO 11 NG3V,have set my hand and official seal in the State and County aforesaid on this day of 20ZZ (Notary seal/stamp) ALISON FENSAL MY COMMISSION # FF 057621 EXPIRES! septqMbe 28, 90' skmo ANWW NoRud9etNAryca Page 8 of 9 100 E. Boynton Beach Blvd P.O. Box 310 Boynton Beach, FL 33425-0310 Phone 561-742-6350 Fax 561-742-6357 www.bo i n lea cl Org Initials Page 95 of 678 Notary as to Principal/Owner's Signatures. Multiple Notary pages may be used if signing individually. STATE OF COUNTY O BEFORE ME, an officer duly authorized by law to administer oaths and take ack7�==- personally appeared who is oersonallv known to or produced as identification, and acknowledge h she executed the foregoing Agreement .or the use and purposes mentioned in it and that the instrument is his er act and deed. IN WITNESS OF THE FOR G IN have 7n;7=1 ial seal in the State and County aforesaid on this day of 2012 (Notary seal/stamp) r®gear Pug(ALISON FEI-FW- MY COMMISSION # FF EXPIRES: September 25, 20 1 Bonded Thru Bud$ Notary Services TARY LI Commission Expires: Page 8 of 9 100 E. Boynton Beach Blvd P.O. Box 310 Boynton Beach, FL 33425-0310 Phone 561-742-6350 Fax 561-742-6357 sir ala<?ynjspm.-. g @j,.._Kg Initials Page 96 of 678 SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDIA IRR - • -•• glV 111 & 'YrMl, i7aaspects; of the Grant fA "11 I'V175A Program Application and Guidelines, Land lord/Property Owners Signature Avi Stern manager Printed Name Title • 6/1/2017 Em BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledg�ee personally . ......... s, appeared who is 15'.1sornally known *Me- or produced as identification a-nd'-acknDVVl`bdg& h e executed the foregoing Agreement for the use and purposes mentioned in it and t a the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on thiS 25TH day of MAY 20 17 NEMOM= AUSON FEHSAL MYCOMMISS00170575% EXPIRES; September 25, 2017 w4r .' , 1V01- 4APF0, r� City of Boynton Beach Commercial Rent Reimbursement Program Guidelines Page 9 of 9 100 E- Boynton Beach Blvd P.O. Box 310 Boynton Beach, FL 33425-0310 Phone 561-742-6350 Fax 561-742-6357 t 11 Initials Page nitialI'Page 97 of 678 Page 98 of 678 5/25/2017 Detail by Entity Narrie Florida Profit Corporation SOUTH FLORIDA STAIRS, INC. a] in filing rill at 100 2015 Document Number P13000082088 FEI/EIN Number 80-0956076 Date Filed 10/04/2013 State FL Status ACTIVE R dr! n �c d- —dr e-s—s 2901 NW Commerce Park Drive Boynton Beach, FL 33426 Changed: 03/22/2016 MAf "inAddress 2901 NW Commerce Park Drive Boynton Beach, FL 33426 Changed: 03122/2016 RgS stered Agent Name & Address Cote, Joshua L 3926 89th Road, S Boynton Beach, FL 33436 Name Changed: 04/03/2015 Address Changed: 03/22/2016 OfficorMir—ector Detail Name & Address Title President, Secretary COTE, JOSHUA L 2901 NW Commerce Park Drive Boynton Beach, FL 33426 Title VP, Treasurer Losik, Robert G 2901 NW Commerce Park Drive Boynton Beach, FL 33426 Anirmaj13-m-r—ts Report Year Filed Date 2015 04/03/2015 2016 03/22/2016 2017 03/09/2017 0 -R N 1� T View image in PDPS fKvmat Vmw inmaa in PDF foam�t Vww image in PDF fornat ....... . ... ma�',e 4) F'Df f,',,,rnna, ................... . .. .. .. .. .. .. . ................ - - - -- ... .... ... ---- MY04!Z0"M 'Jil . .... .... ........... PDF - - - - - --------- Detail by Entity Name hftp://search.sunbiz-orgtinquiry/CorporationSearciVSearchResultDetail?inquirybfpe--EnfityName&directionType=lnibal&searchNameOrder=SOPagecOBAQf.6-L6 0 ANNE M. GANNON P.()- Box 3353, West Palm Beach, FL 33402-3353 —LOCATED AT— CONSTITUTIONAL TAX COLLECTOR www-pbctax.com Tel (561) 355-2264 servin'V.PaInz Beach Comity 2901 NW COMMERCE PARK DR Serving you. BOYNTDN BEACH, FL 33426 TYPEOFBusNES$ uNcsRTIFIESuScONTRAcTOR c11TR �L�This document is valid only, hen receipt d by the Tax C,,,,Ctr.Office. 01I9211 Page 100 of 678 STATE OF 1DA PALM BEACH COUNTY 83..269 2016/2017 LOCAL BUSINESS TAX RECEIPT SOUTH FLORIDA STAIRS INC SOUTH FLORIDA STAIRS INC L13TR Number: 201467641 2901 NW COMMERCE PARK DREXPIRES: SEPTEMBER 302017 BOYNTON BEACH, FL 33426 , This receipt grants the privilege of engaging in or managing any business profession or occupation within its jurisdiction and MUST be conspicuously displayed at the place of business and in such a manner as to be open to the view of the public. Page 100 of 678 BUSINESS TAX RECEIPT BUSINESS NAME: SOUTH STAIRS, INC RECEIPT NO: 1700041211 CONTROL NO: LOCATION: *0 -CE PARK r CLASSIFICATION:" 'B•.ISSUED: 8/16/17BUSINESS TAX FEE: 97.24 CARPENTRY FINISH CONTR LOSIK ROBERT.", -`,-4 11 - 2?' 0 DELINQUENT FEE: TRANSFER FEE: SOUTH FLORIDA STAIRS, INC 2901 COMMERCE PARK DR #4ItINESS TAX REcEIPT ISSUED FOR THE PERII . changesBOYNTON BEACH FL 33426 .."-4 'August 16, 2017 to September 30, 2017 BUSINESS TAX RECEIPT MUST BE Any address, CONSPICUOUSLY DISPLAYED TO etc. will require a new application. PUBLIC VIEW AT BUSINESS LOCATION THIS IS NOT A BILL.,_._ ___.__._.._.._____ R -Business• Boynton Beach. continued growth of the City of Boynton Beach. If we can be of assistance, please do not hesitate to contact us by teleph ne 561-742-6360, email us at OLMallbox@bbfl.us, or visit us at City Hall, 100 E. Boynton Beach Blvd., Bovnton Beach. FL 3342 !� • !�• ► ! c• ! •• !yo -Ir! is i •.: • I business.portion conspicuously at your place of business, open t6 the view f the public. Local business tax receipts may be transferred to a new owner when evidence of a sale is provided; the original receipt surrendered and a transfer fee is paid. . Is le be transferred 2r4 Local business tax recei receipt is surrendered and transfer fee is paid. IWO A separate/additional local business tax receipt may be required for each use, service andfor profession performed within yo ' co • f the renewal notice, you must still pay the tax on time. Failure to renew your business tax receipt on or before' September 30th w result in late penalties. The mistaken issuance of a Certi ORCH 41414% Ali "M is 4, Page 101 of 678 City of Boynton Beach BUSINESS TAX RECIEIPT BUSINESS NAME: SOUTH FLORIDA STAIRS, INC RECEIPT NO: 1700036545 CONTROL : LOCATION: 2901 NW COMMERCE PARK DR NO CLASSIFICATION: OFFICES EXECUTIVE & AMlAJI l DA ISSUED: 8/16/17 BUSINESS TAX FEE: 97.24 DELINQUENT FEE; TRANSFER FEE: SOUTH FLORIDA STAIRS, INC ""'§INESS TAX RECEIPT ISSUED FOR THE PERIOD 2901 COMMERCE PARK DR ff4 BOYNTON BEACH FL 33426 August 16, 2017 to September 30, 2017 BUSINESS TAX RECEIPT MUST BE Any changes in name, address, suite, ownership, CONSPICUOUSLY DISPLAYED TO etc, will require a new application. PUBLIC VIEW AT BUSINESS LOCATION -----------------------------T I IS NOT A BILL -------------------------------------- Dear Business Owner: Welcome to the City of Boynton Beach. This is your new local business tax receipt. We appreciate your participation in the continued qrowth of the City of Boynton Beal. Jf iltw C�9 - :: , --Sl -0 -!- 11 1-luWJ-11t 561--142-6360, email us at OLMailbox@bbfl.us, or visit us at City Hall, 100 E. Boynton Beach Blvd., Boynton Beach, rL 33425. Please verify the information accuracy. Detach the top of this form; keep the lower portion for your records and display the top portion conspicuously at your place of business, open to the view of the public. Local business tax receipts may be transferred to a new owner when evidence of a sale is provided; the original receipt is surrendered and a transfer fee is paid. Loc2I Wsixess t,2x re-ceiXts n,2y Ire tr9,xsfA-.rnf 4,2:111 2;rprival 0 za?%i-nit ai-if jIdglirial receipt is surrendered and transfer fee is paid. A separate/additional local business tax receipt may be required for each use, service and/or profession performed within your business. A courtesy renewal notice will be sent 30 to 60 da s nor to ex iration to the address indicated �i 1� I !I; th ,0City of Boynton Beach 13usiness Tax Division 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425-0191 Page 102 of 678 C pv. Ity of Boynton Beach BUSINESS TAX RECEIPT BUSINESS NAME: SOUTH FLORIDA STAIRS, INC RECEIPT NO: 1700036458 CONTROL NO: LOCATION: 2901 NW COMMERCE PARK DR CLASSIFICATION: MANUFAC, MISCELLANEOUS W."Ot"8/16/17 DATE ISSUED: BUSINESS TAX FEE: 324.14 STAIR MANUFACTORING DELINQUENT FEE: TRANSFER FEE: SOUTH FLORIDA STAIRS, IN C 2901 COMMERCE PARK DR #4 _W„INESS TAX RECEIPT ISSUED FOR THE PERIOD BOYNTON BEACH FL 33426 -August 16, 2017 to September 30, 2017 BUSINESS TAX RECEIPT MUST BE Any changes in name, address, suite, ownership, CONSPICUOUSLY DISPLAYED TO etc. will require a new application. PUBLIC VIEW AT BUSINESS LOCATION THIS IS NOT A BILL—_ Dear Business Owner: Welcome to the City of Boynton Beach. This is your new local business tax receipt. We appreciate your participation in t continued growth of the City of Boynton Beach. If we can be of assistance, please do not hesitate to contact us by telephone, 661-742-6360, email us at OLMaiIbox(&_bbfi.us. or visit us at Cltv 0_1R_RVAV_e_"_ Qo nis Torrn; Keep tne lower poffi—on tot your records and display the portion conspicuously at your place of business, open to the view of the public. 'I Local business tax receipts may be transferred to a new owner when evidence of a sale is provided; the original receipt 1 surrendered and a transfer fee is paid. Local business tax receivils maj�, be receipt is surrendered and transfer fee is paid. A separateladditional local business tax receipt may be required for each use, service and/or profession performed wilfthinyOL business. A C renewal notice will be sent 30 to 60 d4vs prior to exeiration to the address indicated on the Mu"i notice, you must sull pay the tax on time. Failure to renew your business tax receipt on or before September 30th w result in late penalties. I The mistaken issuance of a Certificate of Use and Occupancy or Business Tax Receipt shall not be deemed to be a waiver of an provision of the City Code nor shall the issuance of a Certificate of Use and Occupancy or Business Tax Receipt be construed t be a judgment of the city as to the competence of the applicant to transact business. Wa, Page 103 of 678 City of Boynton Beach BUSINESS TAX RECEIPT BUSINESS NAME: SOUTH FLORIDA STAIRS, INC RECEIPT NO: 1700029003 CONTROL NO: LOCATION: 2901 NW COMMERCE PARK DR CLASSIFICATION: CERT OF USE & OCC COMM cDATE ISSUED: 8/16/17 6? BUSINESS TAX FEE: 50.00 DELINQUENT FEE: TRANSFER FEE: SOUTH FLORIDA STAIRS, INC 2901 COMMERCE PARK DR #4 @INESS TAX RECEIPT ISSUED FOR THE PERIOD COY TON BEACH FL 33426 ..:I.',August 16, 2017 to September 30, 2017 BUSINESS TAX RECEIPT MUST BE Any changes in name, address, suite. Ownership, CONSPICUOUSLY DISPLAYED TO etc. will require a new application, PUBLIC VIEW AT BUSINESS LOCATION 11.1 - -1 - -1 - - - - ----- THIS IS NOT A BILL.....--_--__-r I 561-742-6360, email us at OLMallbox@bbfl. us, or visit us at City Hall, 100 E.'Boynton Beach Blvd., Boynton Beach, FIL 33425. Please verify the information accuracy. Detach the top of this form; keep the lower portion for your records and display the top portion conspicuously at your place of business, open to the view of the PUbli6. Local business tax receipts may be transferred to a new owner when evidence of a sale is provided; the original receipt is gurrendered and a transfer fee is paid. Local busigess, t9v tprakcts receipt is surrendered and transfer fee is paid, A separate/additional local business tax receipt may be required for each use, service and/or profession performed within your business. A Cotdasy rAT1flW2qjXlJ the renewal notice, you must still pay the tax on time. Failure to renew your business tax receipt on or before' September 30twwill result in late penalties. The mistaken issuance of a Certificate of Use and Occupancy or Business Tax eceipt shall not be deemed to be a waiver of any ,�rovi ino� I Ito 14A U-11 I 61114AN U vj�j I ffitz Page 104 of 678 I CONSENTAGENDA 9/19/2017 REQUESTED ACTION BY COMMISSION: Accept the written report to the Commission for purchases over $10,000 for the month of August 2017. EXPLANATION OF REQUEST: Per Ordinance No.01-66, Chapter 2, Section 2-56.1 Exceptions to competitive bidding, Paragraph b, which states: "Further, the City Manager, or in the City Manager's absence, the Acting City Manager is authorized to execute a purchase order on behalf of the City for such purchases under the $25,000 bid threshold for personal property, commodities, and services, or $75,000 for construction. The City Manager shall file a written report with the City Commission at the second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City Manager. Below is a list of the purchases for August 2017: Purchase Order Vendor Amount 171334 Container Systems & Equipment $ 11,790.87 171346 NDI Recognition Systems $ 12,295.00 171348 Carollo Engineers, Inc. $ 23,519.00 171349 & 171380 Trek Bicycles $ 10,393.84 171351 Tapco $ 11,352.50 171352 Life Scan Wellness Centers $ 17,100.00 171363 Martin Fence Co. $ 19,188.00 171373 WW Sod & Equipment $ 21,400.00 171378 Empire Office $ 10,558.06 171399 TYCO Integrated Security $ 11,828.82 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Ordinance No.01-66, Chapter 2, Section 2-56.1 assists departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled "Request for Purchases over $10,000" and each purchase request is reviewed and approved by the Department Director, Finance Department, and City Manager. FISCAL IMPACT: Budgeted This Ordinance provides the impact of reducing paperwork by streamlining processes within the organization. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead of processing for approval, and allow for making more timely purchases. ALTERNATIVES: None. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 105 of 678 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Attachment Description Purchases over $10,000 Backup ® Aug 2017 Page 106 of 678 CITY OF BOYNTON BEACH i APPROVED REQUESTS FOR PURCHASES OVER $10,000 FOR AUGUST 2017 1. r: Container Systems & Equipmentc Amount: $11,790.87 Requesting Department: Warehouse Contact Person: Mike Dauta Date: 812117 Brief Description of Purchase: Replace and paint tailgate for solid waste vehicle #1306. Source for Purchase: Sole Source Fund Source: 501-5000-590-0985 2. Vendor: NDI Recognition Systems Purchase Amount: $12,295.00 Requesting Department: Police Contact Person: Capt. Zeller Date: 817117 Brief Description of Purchase: License plate reader for use in CRA. Source for Purchase: Sale Source Fund Source: 001-2112-521-64-15 Vendor:3. Carollo Engineers, IncPurchase t: $23,515.-00 Requesting Department: Utilities Contact Person: Michael Low Brief Description of Purchase: 817117 Carollo Engineers, Inc. Task Order No. U -3A-02 Scope A will provide services to the City to assist with the technical specifications to purchase three (3) standby generators at the East Water Treatment Plant. Carollo Engineers, Inc. is an approved consultant for Scope A, RFQ #017-2821-141DJL General Consulting Services Agreement for the City approved by Commission on July 1, 2014. Source forPurchase: RFQ #017-2821-141DJL Fund Source: 403-5000-533-65-02 WTR021 Fender: Trek Bicycles Purchase Amount: $10,393,84 Requesting Department: Police Contact n: Capt. Deale Brief Description of Purchase: Date: 817117 PO #171349 - (4) bikes for the CRA Neighborhood Officer Program. - $5,196.92 PO#171380 - (4) Additional bikes for the CRA Neighborhood Officer Program. - $5,196.92 Source for Purchase: Three Written Quotes Fund Source: 001-2110-521-64-02 - $2,598.46 001-2111-521-64-02 - $7,795.38 Page 1 Page 107 of 678 5. Vendor: Ta co Purchase Amount: $11,352.50 Requesting Department: Public Works Contact Person: Art Brode Date: 8/7/17 Brief Description of Purchase: Equipment needed fort a streets division for the sign shop. It measures the sign for retroreflectivity. Source for Purchase: Sole Source Fund Source. 001-2512-541-64-02 6. Vendor: Life Scan Wellness Centers Purchase Amount: $17,100.00 Requesting Department: Fire Contact Person: Chief Joseph Date: 8/7117 Brief Description of Purchase: Wellness exams for allFirefighters. Source for Purchase, Sole Source Fund Source: 001-2210-522-31-20 7. Vendor: Martin Fence Co. Purchase Amount: $19,188.00 Requesting Department, Utilities Contact Person: Jim Hart Date. 8/9/17 Brief Description of Purchase: Replace & repair gates at lift stations: 206, 315, 317, 504, 700, 712, 714 and 807. Source for Purchase: Piggyback To of Davie Fund Source: 401-2816-536-46-10 Bid #13-12-76 8. Vendor: WW Sod & Equipment Company Purchase Amount: $21,400.00 Requesting Department- Golf Contact Person: Ron Tapper Date: 8111/17 Brief Description of Purchase: Equipment needed for the maintenance of the new TIfEagIe greens recently installed on the Championship Course. The aerator is for use on the greens only and the sand rake can be used for grooming the greens as well as bunkers. Source for Purchase: Three Written Quotes Fund Source: 411-2911-572-63-01 9. Vendor. Empire Office Purchase Amount: $10,558.06 Requesting Department: Utilities Contact Person: Howard Kerr Date: 8/16/17 Brief Description of Purchase: Furniture for the East Water Treatment Plant's West Gallery. There is no existing furniture located in this area. Source for Purchase: Piggyback State Contract Fund Source: 401-2811-536-52-20 #425-001-12-1 Page 2 Page 108 of 678 '10,Vendor: TYCO Integrated Security Requesting Department: Recreatior Brief Description of Purchase: Source for Purchase: Piggyback NJPA Contract #031913 -TIS Wally Majors 8/31/17 Fund Source: 172-2712-572-64-02 Page 109 of 678 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 171334 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 08/02/17 zpmR W. SHIP TO: TO: CONTAINER SYSTEMS & EQUIPMENT City of Boynton Beach 506 BELLE VUE AVENUE WAREHOUSE DAYTONA BEACH, FL 32114-5279 222 NE 9TH AVENUE BOYNTON BEACH, FL 33435 4 EXTENDED LINES QUANTITY UOM ITEM O. AND DESCRIPTION UNIT COST COST 1.00 EA FREIGHT: 3;500.0000 3500.00 PROCUREMENT SERVICES� n I R0, TOTAL PURCHASING Page 110 of 678 4411� INIA"EVU, TIM M11MI- Explanation for Purchase: renlaen an r aeiIdL-wwW--,a-ibk.-�F �,- T 47 lRecommended Ven,dor Container Systems PollarArnount-kik Purchase $11,790.87 Source for Purchase (check and attach backup materials): Three Written Quotations L --j GSA State ontract r----" L --j PRIDEIRESPECT r -----i L --j SNAPS Sale Source Piggy -Back F-71 Budgeted ftern Emergency Purchase r 7 Other Contract Number: NOTE: Pricing proposal for purchase must be presented In the some detail contained within the contract. Page 111 of 678 I- h I C® OD I I r - I co O E -m Fa I W. Ed I z W X 68 co m W ra ca pq C4 U) In 40 I Ji0 80 0 N cc, rX4 Ix dl I rQ P4 n li E-4 Z 11 M ul z F4 Q W Mtn z z E- H ri H U1 W 0 0 �D u z Ol w MM > H Z u E4 rA 0 wow r4 P4 %p� M IM4 P w wou M mM 04 0NUMH m E4 W - 0 CQM z F4nHo W 1 Onomm HOPW �c �c M s.7'Im � U Er M Ha js z wP40zpmp m 0 mmm Hzs: z H P H H PE� 04 0 ww 01A wonm w p H 0 z z 4 P E0 p P4 D4 DQ W W W 'a9 H �4 0 H (D 0 H u VON Ep ' E, W. 0NH NM �, CMOOW2 H I I OON W 04 1 V) W wrxrm 9x H ME -0 W w VNZE1 0ow[� ad rx Nwmp a Page 112 of 678 Page 113 of 678 hi CV I 1 r, OD I I E-4 CO a% 0 0 Om r- o 0 r- Ln Ln OD co 0 A 1 0 0 H z C14 OD (A V 0 C! C� CY 0 C) co WO 0 0 C; 0 0 a CO C) to cn I H rq H ri Iq EA >4 E� w C, CD 0 0 d 0 .0 W P4 Ln rA v Ln 0 00 Z 0 C� C; 0 0 Ln Ln C) 0 Z I M 00 �,4 SO 1 E4 > 0 co 'A Ln F4 K 0 U F4 Q CY W m P� wz 0 PQ 0 zI O. o 0 �D UO z P CY NO ro 0 U U P4 W co U) ul E4 F4 H p 0 co U) FIZ n Fq W H ko N -i 11H eA ko CII ��c HZHZH H HP4HO4 r ul N o LD Ln o rq Oa 0%D 1110 w N I-qLO C7]Pip 0 w Ln 0 N H 0 ko Ln 0 W MOMO r" H rri 0 coo H. CO3 00 H rl) 0 M C, X, MON GOO r1l 0 0 w M OX49090Z ull OH .0 00 u :11 10 0 i u N u N u rxp u rx{ 8 E P4 ZW p w E+•' Ra' E4zo m z 9 R 0 2 HH m I M 0 HC H UW8 FiOH uw� HCH Na® z 04 P4 H I Ln to m m w w m w F3 1 E-4 - --Q - W I g,% X 0 934 Z Ew ..F4 .. M �4 g H � MW HHE� mm 91X0> 914 m m m Ulmm mm >1 mmmm M> mm MMOREWR z rxzzpz p4zzHz H N Z Z E -q Z ix P Ch m 0 1 H .. ..0 z ....0 z o-4 0 z ....0 z I N lft lfl w H p b4 m V-4 p w 0 9 SHMNHMOQ4 M>QNPMOI% "HnNpwog I HO 0 iD 0 z P I HOZZUUN MH HM POZZUUM rA H Hpaz Q NPOZZUUN �DHJHWZ E+bzzUU 0 0 a 6 E- Q :E IX MA Ej ix 0 w Wx � 2 HZHNZ Q p m E K w C4 N 0 0 0 Om 0 m 0 EA 0 11 OEflIXHO E.".8 j p g4 m E� 0 WHO U,4 r -I H H Ch u Ox wHwgm Ozmw�)N 4 :E 9 E� w UO 0 H 0 H 029CYNMR pq HO WASUR � z PH Hi 9 MWO .1 w5mg WO�D�qcxwwo El 124 0� M IX I% �D 4UMNwM04t 04 u trl N N m m 1-3 P4 MM H H Page 113 of 678 m C/ \ � .� }� . \�} � � ® CL . �\dk \� � ) - %M M Cc 0 > ¥< � CO) co; 2 f mim Cd ' . Page 114 0 678 O -w OR, u � @ m Page 115 0 678 777', 620 N. PO Hbo Street I P 0.0.Box 2�1 5 RJnI Michigan 49:o- _1: LL - 2906 -7-79-1700 FAX 9DS-7791 IGO JanuM 19,2017 Cityof Rgynton Beach ATTN: Jen Paci011o 222;NE'g'hAv.enue:-. In 506. Bellevue AVentji.§ (32-114) P.Q.'AP�X-249 Daytona Beach,. -FL -32115-0249, T,el: (386) 253-555.5 Fax: (386) 253-W37 - . a 0�n - - III I 111 0 1 0 Emrin rm, a Wi 0109"Woug 0 1 0 manufacturer to make or distribute current Lodal replacennerit parts. 77.9-1766 (ExT. 129). 510cerely-, LodIral,,K-.� J- 039��= Page 116 of 678 - 500 BELLEVUE AVE PO BOX 249 DAYMNA BEACH FL 32116 (386) 253-W56 Saw TW. CITY OF BOYNTON BEACH FINANCE D5PT. P.O. BO11310 BOYNTON BEACH, FIL 33425-0310 ATTN:JEN DATE REQUESTED. PURCHASE ORDER NO. 1213115999 JE QUO BUYER ORDER OATS JEN W2712017 mmmy Duall" WICK TAMMTE PINS 0140880. TAILGATE BUSTLE WIA- IZIM P PAINT SUPPLIES QUOTE REQUEST WITH FRIBOW ESTIMATE K= - M. S* To C[TY OF BOYNTON BEACH ViEHI" MAINTENANCE 222 NE OTH AVENUE BOYNTON BEACH. FL 33435 aw old" 2 Tax moo Ed amn Mmuld Ammn AMOM ZL08 CAD 7,717.78 0.0a Boom m EMM Page 117 of 678 Page 118 of 678 Page 119 of 678 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100EAST BOYNTON BEACH BO W ULEVARD P.O. x 310 P.O. #: 171346 DATE: 08/07/17 BOYNTON BEACH, F ORIDA 33425-0310 rs- SHIP TO: TO: NI RECOGNITION SYSTEMS City of Boynton Beach 105 FAST STATE RD 434 POLICE DEPARTMENT WINTER SPRINGS, FL 32708 100 E. BON BCH. BLVD. BOYNTON BEACH, FL 33435 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST PROCUREMENT SERVES: ACCOTINT NO. PROJEC= 001-2112-521.64-15 w 171 i P.O. TOTAL PURCHASING Page 120 of 678 1 1 1 1 1 1 1 rl r - I I I 1 1 1 1 I EO r -i H O I L I O O O I I On O 611 N O O C% 1 yi 1 Ln aD m 1 Clj I I 61 ¢� N I (n 1 Q 1 E-1 E 1 H 1 N I I E E I 1 1 1 1 O ! 1 [) 1 I ha H I 1 Fa 8 i ✓` Q 1 I 1 Q 1 O EI I Q I N vj E-1 I QCDZq1 a w i CN H i> O H i 1 I tr� • W7 1 O O 1 1 O w I I 1 1 H H e-1 I I 1 I 1 U!FA I I 1 1 E I O O O ❑ 1 I O O 1 940 1 O 1 z CD p Q O Z 1 ❑ G] I O O in ra W 1 Ln 1 T UD rj 0 ❑ y Ri I I Q I N N I F� H 1 ri H E-+ I H EEI O 1 a Ln W 1 H M 1 O O O, I I Q U inQ 1 I U I o of Q u I w I O O N d O Ra' I O 0 dV O G4 I I I Ln co 61 ® H Q 1 61 I ri O w I Q I I IU I I M 1 a) a m1-1 1 w w H .h y W > I 0 N C) H E QI E. H 104 ra rr 4 O E n. 163 W WH Q PQ w ! [t7 E 1 F4 I Ag C7 1 E 1 I 1 O w I H E® Q 1 OEw OHw WN.': `--..wry >iwx 1 FY qE ❑MW F4 94 OH EQH 10H 1 to 'J 'IZaM'iJ' Wwo MMO HMO a oo 1 w O OW 0w I u]U HWUDOH v}U aax reyM� Haw WNNu W w I a J9 E a a w0M go ag❑�oe a a 0 Hw E wE ❑ 4. W 04 !r 111 [4 O 1 .... 0 .. .. .. H I lHpp HO PNpry wH® ®V H rh �y1 C4 l F4iu u 1 ci Leu EME N 04 H w 1 x 1 r -i N M w a z 1 1 1 1 1 1 1 1 I I I 1 1 1 1 I EO O O I L I O O O I I On O 611 O C% 1 yi 1 Ln aD m 1 Clj I I 61 ¢� I I 1 1 Q 1 1 H 1 1 E I 1 H 1 I I 1 1 1 O ! 1 [) 1 I 1 1 a I I w I I H 1 1 I I 1 I 1 1 a M 1 I Q I I QCDZq1 i> O a 0� 1 I tr� • 1 I gy O O 1 1 O O O I 1 1 H H e-1 I 1 E I ❑ 1 1 O 1 z CD p O Z 1 ❑ ❑ I H 1 H N 1 N N I F� ri 1 1 a 1 I I Q U 1 I h I I Q 1 1 z I 1 H I I 1 I I I I I E I I I 1 ] k I I I Q I IU I u Page 121 of 678 Date: 7/27/2017 6"kequesting Department: Police Contact Person: Zeller T, k, f pl, Recommended Vendor NDI Recognition Systems Dollar Amount of Purchase 12,295.00 SNAPS �iggy-Back Emergency Purchase Contract Number: Knd attach backup materials): GSA PRIDE/RESPECT Sole Source NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. rFund Source -for Pu ()C 001-2112-521-64-15 Page 122 of 678 NDI Recognition Systems Boynton Beach Police Department 105 E. State Road 434 Speed Trailer Retrofit Quote Winter Springs, Florida 32750 Attn: Asst. Chief Vanessa Snow Toll Free., 866-458-0426 Email snqyg�ybbffus Phone: 561-742-6116 26, Questions: Call Adam S. Black, CPP, SE US Regional Manager@ 954-605-6869 or email a. black@ hdi-rs. n M1 I III I I! 113 111 1 �Ipilijlig� pillipillippiplill IIIII11pil IIIIIIIII pqiii Illi I q 111 V220EX Bundle Mobile -Cam VISCE -Server ln�t; �Ilaflon RETROFIT Parts for PARTS Retrofit d Warranty GOLD 16% of In Year 2 Support Capital $1,679.20 Investment ........ ..... Page 123 of 678 July 26, 2017 Assistant Chief Vanessa Snow Boynton Beach Police Dept. 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 t NfS' �° al Ncii int€ rdrtiitr�tsr RE: Sole Source Memo for VeriPlate ALPR (Automated License Plate Recognition) Fixed ALPR Solutions This is to confirm that NDI Technologies Inc., a Florida Corporation is the designer, developer, author and sole source of supply for the full range of VeriPlate Static, Fixed, and Mobile ALPR solutions, as previously demonstrated and now in current use by the Delray Beach Police Dept., Tequesta Police Dept., Manalapan Police Dept., Palm Beach international Airport Police, Riviera Beach Police Dept., Palm Beach County Sheriffs Office, Palm Beach Gardens Police Dept., Palm Beach Shores Police Dept., Jupiter islands Police, Palm Beach Schools Police, and North Palm Beach Police Dept. just within Palm Beach County, to name a few. (Sole Source) NDYs ALAR Back -Office solution known as VISCE which is today deployed with these agencies is a proprietary application with an associated proprietary database. There is no known vendor in the industry that can send, receive, store, transmit and/or query NDI's proprietary database. NDi, and Only NDI can provide additional ALPR cameras and ALPR processors that can seamlessly integrate with these other cities ALPR database and allow the City of Boynton Beach true data -capabilities for sharing interoperability of your ALPR data. No other ALPR vendor can integrate with NDI's solutions. NDI does not provide any interfaces or custom scripts for any vendor other than NDI to access NDI's proprietary VISCE ALPR database. (Sole Source). Additionally, NDI is the ONLY ALPR vendor/monufacturer, whose US Corporate NQ in Florida (Winter Springs), whose Regional Manager resides in the Tri -County area (Palm Beach County and a Retired Florida Law Enforcement Officer), and who has a mobile, Technical Support Engineer residing in the Tri -County area (Boynton Beach). NDI is also the ONLY LPR vendor/manufacturer to have a brick & mortar," support office located in Broward County, which is specifically in place to service our customers in the Tri -County area of Dade, Broward, and Palm Beach Counties. NO] -RS's entire suite of ALPR products are based on a proprietary and entirely unique neural network recognition engine called Talon. (Sole Source) NDI-RS is the only ALPR provider offering Neural network technology which is superior to any template based Optical Character Recognition (OCR) ALPR system, offering significantly higher performance and accuracy. (Sole Source) A competitive differentiator that continues to support the Sole Source purchase criteria and separate NDI Recognition Systems from all other industry offerings Is our VeriPlate "PREDATOR" and VGate software advantage which includes our unmatched CAD (Computer -Aided Dispatch) integration module (any CAD system, Including Boynton Beach's CAD system) allowing for a Single Click "Live Check"(Sole Source) with the push of a single button, providing real time access to Hotlists and Dynamic Dispatch pushing up to the minute intelligence to the Officer. The LIVE CHECK feature is the ONLY LPR interface allowing an officer to check any registration/tag via NCIC, State, and local databases in REAL TIME. (Sole Source) Sincerely, Adam S. Black, CPP SE US Regional Manager NDI Recognition Systems 954605-6869/Mobile .black ndi-rs.net NDI Recognition Toll Free: 866-458-0426 Mk �� 32708 Page 124 of 678 Lead-time from receipt oYorder tminstallation is typically 4to6weeks unless otherwise agreed upon. Payment Terms NDII will invoice for the hardware / software when shipped from NDI's offices in Winter Springs,Florida and all warranty will commence on that date, regardless of installation date, in-service date or go -live date. All payments are due on receipt of invoice. installation fees will be invoiced and are due as incurred. All Prices are in U.S. Dollars. Fees and prices are exclusive nftariffs, duties ortaxes imposed nrlevied bya government orgovernmental agency. Annual Renewable Software 8&Hardware "Gold Level" Maintenance / "On-site" Support Agreement Provided that the Agency / Client maintain a "Gold Level" active annual support agreement all software and hardware, including travel related expenses, will be covered by on-site repair and/or replacement. Should anAgency/ Client elect to NOT maintain an active support agreement, NDI will charge a daily rate of $1,250,00 for on-site support, and Agency/ Client is also responsible for any parts as may be required. An Agency outside of an active support agreement may also mail inparts pursuant to the annual support agreement for repair in lieu of the on-site charges. in Fixed / Static installations the Agency / Client is continually responsible for ensuring that a properly established and maintained electrical connection and interoetconnection isavailable. Page 125 of 678 Key Features: ,. sbrW%huu%— procedums %3 ' y r Page 126 of 678 Key f4atures: m Page 127 of 678 kava-,*,& a MA (APM a crap:#.fr Smarr rrt �hs$er ..�sataty*.d�s .fie t:aty f z # f # t . atrrrty,'PA cc-dnlySAss ,rwa n, .tat�+3s�a��r'tatu��roi [ray Beach pz4ke, Ct atr m st rx—.�Ao kis e tatonvit A* rmwltn . F#mm.rA as &.sch p€ k* pa rs . Rvkm Kqhwq ROMA m fry' rt,yf� t. tat. FAk% n. cky f w . ate ffsat cqyE*ts . f#dg#tir�lstrtpaEa�t Vit""ar�r jtq'ea blandfdke j p Vii% 3ruka Ov.,potoww f trat.ta zrt3a-e Npmtma,4 bv The sats u4rataj wnty SAk) f�sk tr,Vnew, # tsars t .#acs Sf�rt�,rst trti gmi-C N'' lUv "'dat AO"t 101 ' v vemh N' a Orange City Poke Dtrt % ll t o tblk* cVwwmwff �= w �aivtlrlt:��4.FSat t es�rry saas�y stb w') kfkp,v f�a#taa ' . � dtsasm�str..a��i #sj�.+tttfai 4aa a .'h fly sdWA # S ,ir#at 4 E 'Chi f $:i, Dopanment t Pulwv trust w a ,yG"a toeefts Bart Camu-441 . s'wsr�a:�a�dtr?t�pa,atar��rtx xat :+wFbMV b rtm& * fSntra= Est d,.t 9' r has LII m sr�aat g�tsr^t� ;+ire p�srerev�ett f4cra $Ky C,t .rr rt Depar tMent it Rft € f tgtr sx;a[idce artin"t t S.�-xtttt �9s,� i�ttra�nt ry fo-atm f"tmrk "ttRacnt t° �at�rruat a'#rttr�jt,~rua�t�'xjazw*Sf,�sRratwnzu -, Aa#j.&fir at t s ;iii jr t- t Isrsayar ikAkeDopastttl rtt r c read zmli f a. FA4aa,saya Vis.' jayc;atC; rs yt»pscs Page 128 of 678 m -, Aa#j.&fir at t s ;iii jr t- t Isrsayar ikAkeDopastttl rtt r c read zmli f a. FA4aa,saya Vis.' jayc;atC; rs yt»pscs Page 128 of 678 All I. ro c_ 0 CL 1� 0 0 0 (D =r CD 0 0 M 0 h (D CD 0 0 C- 0 0 :3 0 0 N., I Page 129 of 678 ap 11111111111111" t 0 N., I Page 129 of 678 Krasnoff, Leah From: Flora, Lyndsay Sent: Tuesday, August 01, 2017 11:50 AM To: Krasnoff, Leah Subject: RE: NDI - requisition Hey �=i 11�piiiil 1�111ciiiiiipl IF Lyndsay tFfora Administrative Associate Boynton Beach Pottice Department 100 E Boynton Beach Brvd Boynton Beach, TL 33435 561-742-6106 Office 561-742-6185 'Fax. From: Krasnoff, Leah Sent: Tuesday, August 01, 2017 11:47 To; Flora, Lyndsay Subject: ND1 - requisition Hi Lyndsay, The requisition for NIDI — It looks like they will be coming on City Property for support. Can you confirm this before I send it to risk for a COI? Thank you, Leah Krasnoff Accounting Technician Financial Services City of Boynton Beach 100 E. Boynton Beach Blvd. I �. 561-742-6308 63 KrasnoffL@bbf1.us 1 Of http://www.boynton-beach.org/ 0 Page 130 of 678 '#Wt"T*w 4lezL-Yndaitcorrespridence to me via email may be subject to PsclosureAnder Florida records law, email addresses are public records. Therefore, your e-mail communication and Vour e-mail address may be subject to public disclosure, Page 131 of 678 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. B P.O. #: 171348 BOYNTON BEACH, RXOR3010A 33426-0310 DATE: 08/07/17 SHIP TO: TO: CAROLLO ENGINEERS, INC. City of Boynton each 2700 YGNACIO VALLEY ROAD EAST UTILITY ADMIN SUITE 300 124 E. WOOLBRIGHT ROAD WALZ= CREEK, CA 94598 BOYNTON BEACH, FL 33435 REQUISITION NO, 6�.95110RDERING DEPARTMEN�T:UTIL ENGINEER TP DATE NEEDED; MD NO; COMMISSION APPROVED- .111m, EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 23519.00 DL SCOPE OF WORK: 1.0000 23519.00 TASK I - PREPARE TECHNICAL SPECIFICATIONS TASK 2 - TASK 3 - A3 lt'-TI$-ik'�S'b _:' . I AND.':.�:?NWARD TASK 4 SERVICES FQR - PROCUR9M.M4 T"I.:.: PROCUREMENT SERVICES: ACCOUNT NO. PROJECT 403-5000-533.65-02 WTR021 PURCHASING Page 132 of 678 717 iAtequesting Department: Utilities Contact Person: Michael Low Carollo Engineers, I nc. Task Order No. U -3A-02 S. -cope A -will provide Services to the City to assft- with the technical specifications to purchase three (3) standyby generators at the East Water :-- 7reatment Plant. Carollo Engineers, Inc. Is an approved consultant for Scope A, RFQ #017-2821: 14/DJL General Consulting Services Agreement for the City of Boynton Beach Approved by ,Commission on July 1, 2014 LiRecornm}AS nded Vendor Carollo En2lneers, Inc. Dollar Amount of Purchase $23,519.00 Contract Number RFQ 01 7-2821-14/DJL NOTE: NeIng pwpml for purchan must be prwwW In ft urne diftil wntolned within the contmaL Fund Source for Purchase: 403 -.5000 -533 -65.02 Project # WTR021 Form RWsed 02/01/n Page 133 of 678 Three WrMen OuotaUons State Contract SNAPS piggy -Back Emergency Purchase Contract Number RFQ 01 7-2821-14/DJL NOTE: NeIng pwpml for purchan must be prwwW In ft urne diftil wntolned within the contmaL Fund Source for Purchase: 403 -.5000 -533 -65.02 Project # WTR021 Form RWsed 02/01/n Page 133 of 678 C, r- I �apq 1 ®. ..E4. I 1 I 1 1 I I I 1 1 I 1 1 1 r I I I 1 1 I 1 C9 1 1 ® 7 r I , 1 1 1 1 i 1 CJ 1 s 1 1 1 1 i i �-a 1 in �r r 1 'fir l F� 1 ®• H 1 r I 1 I CO 1 I to I 1 1 r 1 I 1 1 1 r 1 1 I 1 r I I 1 1 1 1 1 1 1 1 I hZ I w I I 1 Ea I I I I 1 1 Ea M I I I H 1 1 1 F I 1 H 1 1 1 r I E I 11 1 Page 134 of 678 REQUES9 H.T.E. E4 NTRY DATE: 7/2112017 H.T.E. UISI' 11 Contract Coordinator- T Procurement set: Director- ir tor-City CityManager (non budgeted capitalor 000+ FREASON rs, Inc. Task --2 ( ) s r r is t rodser s to issue the Technicaldo to c (3) dby Fewer Gens tors ct th review cif acers Shop DCcs ting Se Services Agreement for the City of Boynton Beach was Approved by City Commission o July 1, 2014, RFQ #017-2821-14/DJL VENDOR INFORMATION: II INFORMATION: Name: arollo Engineers, Inc. (X) ate: 7/21/2017 Address: 9897 Lake ort RoadEngineering to Needed: (( }) Confirm. Lake Worth, L 33467 el.ASAP/Conf. ( ASS C ( ) Distribution ( }I BACKUP DOCS. I . hone (contact): ater ual. ( ) Quotes/Verbal ( )0 ( } Elizabeth Fujlka a, PE, P (aver $500) F Vice resident Email: efu°ika rollo.orn horse:561- 00 Pumping QuotesMriften ( )E. WTP1 ( ) Fax.- 561- 401 (over $2000) Vendor Number 1 111 PWTreat. RFQ (X) W. WTP 42( } Meter Sere. Sole SoUrce tr. ( } IU 99 INITIATORi a r Sewage () Insuran ()[SpecialInstructions- 'T o l I Services uire eras: trr. r. ( j 17- 2 - Project Number, 1, Page 135 of 678 Ery n.. ftnders Wdh WW&,* July 20, 2017 Mr. Michael Low Boynton each Utilities 124 East Woolbright Road Boynton Beach, FL 33435 Subject: Proposal for Engineering Services U -3A-02 Standby Power Generator Procurement Dear Mr. Low: As requested, we have prepared the following proposed scope of services to issue technical specifications to purchase three generators with related ancillary items and review the resulting manufacturers shop drawings. BACKGROUND Boynton each Utilities (13BU) is replacing the engine generator at the East Water Treatment Plant. Three now generators will be procured and installed in a new building, to be designed and constructed under a separate scope of or. The generators will be housed in a single building consisting of an addition to the north end of the at WTP, including a new electrical room to house a separate switchgear required for the synchronization of the generators. SCOPE OF WORK The scope of services will include the following: Task I — Prepare Technical Specifications A layout will be created for both the new generator ands itch ear rooms. The layout will be used to coordinate the review of the equipment submittals. Assumptions: * it is assumed that the BBU will construct the generator building under a separate scope of work, including necessary HVAC, plumbing, architectural, structural and electrical work. assumed that the BBU will install the generator equipment under a separate scope of work,, including necessary engineering services fbr testing, start-up and commissioning generator equipment and related electrical switchgear. Deliverables: Speeffications section 01136 —General Equipment Requirements Specifications section 01201 — Measurement and Payment Speciflcations section 01292— Schedule of Values Specifications section 01294 —Applications for Payment BBU Generators Prop July 20, 2017 Page 2 * Speccations section 01330 — Submittal Procedures * Specifications section 01410 — Regulatory Requirements * Specifications section 01766 — Commissioning * Specifications section 01782 — Operations and Maintenance Da * Specifications 011783 - Warranties * Specifications 16232 — Diesel Fuel Engine Generators probable cost will be developed at 90 percent level of completion. . A I I tst fnr tWe 90 Dercent DeliverabM Task 3 —Advertise, Bid and Award Assistance will be provided to answer bidder's questions, develop addenda, review Vendors proposals and provide a recommendation for award Deliverables: Addenda, Review of Bidders Proposal and Recommendation for Award. Task 4 — Engineering Support Services for Procurement Additional support services will consist of: 1. Review of Shop Drawings 2. Review of Pay Applications Services not Included under this scope of engineering services: 1 . Site visits for construction observation 2. Assist the City with development of punch list 3. Witness Generators and Switchgear Equipment Startup and Testing 4. Witness Comprehensive Testing of Interconnection and Functional Operation with the existing Main Power Distribution Switchboard and Power Transfer Controller 5. Review of O&M Manuals and Manufacturers Warranty Certificates 6. Contract closeout .qlqlllrq� 1111111111111111n," 111�111� 1111,11 !F!11r1==0 Carollo understands that time is of the essence for expediting the procurement of three generators. .�AIC_ffhAt'. to Page 137 of 678 July 20, 2017 Page 3 WA� complete• .. The Carollo team will include the following subconsultant: Gamboa Engineers, LLC: Mario Gamboa, P.E., will provide electrical and instrumentation and control engineering services. Gamboa Engineers is a minority- owned firm certified in Broward County and Miami Dade County. this project. 54S - Vice President Page 138 of 678 Page 139 of 678 CITY, OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 171349 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 08/07/17 VENDOR 16763 TO: TREK BICYCLES DL CYCLES HOLDINGS CO LLC 800 N CONGRESS AVE #1A BOYNTON BEACH, FL 33426 mmmmommumm ORDERING DEPARTMENT: SHIP TO: City of Boynton Beach POLICE DEPARTMENT 100 E. BOYNTON BCH. BLVD. I-F-OYNTON BEACH, FL 33435 DATE NEEDED: COMMISSION APPAOVED� — -------------- - EXTENDEI LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST PROCUREMENT SERVICES: W91-42PIK032 PURCHASING Page 140 of 678 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMEN T 100 EAST =# i' BEACH BOULEVARD 17134t BOYNTON BEACH, FLORIDA 33425-0310 DATE: 08/07/17 SHIP TO: City of Boynton Beach CO LLC POLICE DEPARTMENT #1A 100 E. BOY TON BCH.BLVD. 3426 BOYNTON BEACH, FL 33435 EXTENDED LINE# QUANTITY UO M ITEM NO. AND DESCRIPTION UNIT COST COST I PROCUREMENT SERVICES: I P.O. TOTAL I PURCHASING Page 141 of 678 Date: Requesting Department: Contact Person: C Source for Purchase (check and attach backup materials): Three Written Quotations 7 GSA State Contract PRI SNAPS Sole Source P199YI-Back Budgeted Its Emergency Purchase Other Contract Number NOTE: Pricing proposal for purchase must be presented in the some detail contained m4thin the contract. 71,711TVIRRIXIM Page 142 of 678 %D N m 01 Ln m M a Ln O O p ae E W z 0 H E-+ N r� xc F-+ WCR Ix O O I I i 1 i I i 1 I i I I 1 1 I I 1 I 1 I 1 I 1 I I I I o 1 I H I Ed 1 1 1 Ip 1 �4 1 z I 1 H 1 r 1 EI •z I 10 ip U I 1 [} I l 1 1 f I I I I I 1 1 1 I 1 I I I 1 1 I 1 I I 1 I I I I 1 1 I I I I 1 I EI to I; ft W za a N H Fa F, ro Page 143 of 678 04 sm wcy i .+ OW ! 0 P 04 a: � ! " t .� •+ # #; • l i # i ! ! • �' uxu m i� ! ! # • i 1 04.� pq i I I i 1 i I i 1 I i I I 1 1 I I 1 I 1 I 1 I 1 I I I I o 1 I H I Ed 1 1 1 Ip 1 �4 1 z I 1 H 1 r 1 EI •z I 10 ip U I 1 [} I l 1 1 f I I I I I 1 1 1 I 1 I I I 1 1 I 1 I I 1 I I I I 1 1 I I I I 1 I EI to I; ft W za a N H Fa F, ro Page 143 of 678 I; ft W za a N H Fa F, ro Page 143 of 678 Date.- 07/26/2017�� Thank you for visiting your local Trek Bicycle Store! We � � ��i � f iiiarcocle., 072617130541614 Sales Person: Billy Werntz Bill TO Ship To Boynton Beach PD Boynton Beach PD Nasim Davis Nasim Davis BOYNTON BCH FL 33426 BOYNTON BCH FL 33426 Phonel: 92S-984-9717 stai Description MSRP Pdce QtV Extended POL20462021K POLICE MS 29 TREK BLACK $1,359.99 $1,209.99 1 $1,209.99 POL20462021K POLICE 19.5 29 TREK BLACK $1,359.99 $1,209.99 1 $1,209, POL20462021K POLICE 19.5 29 TREK BLACK $1,359.99 $1,209.99 1 $1,209.99 L2 2021K POLICE 19.5 29 TREK BLACK $1,359.99 $1,209.99 1 $1,209.99 35 55 RAG BONTRAGER TRUNK INTERCHANGE $104.99 $89.24 4 $356.96 DELUXE BLACK Subtotal: Tax: Total, $5,560.71 Amount Due., $5,560.71 Total Savings:: $663.00 or forward to helping you w" your cycling experience. Let us know how we can help you today. We price makh, ask for details. The above prices, specifications, and conditions are sat4actory and are herebv ar-rnotfwe. .. ... � . I I I Customer Date. 08/0112017 1:01 PM - Cristian Rodriguez [Page 1] Page 144 of 678 FWnw.-9 (; } 4r Taxpayer IdenOCationNumber and I t/ !)h 1 t 1q r1, YJ _ r, .�-ne .: "t+,a.. r { r? ,,,flLvrSr1 ( •?i'r wl EM 0 — rwe®a e m WIN Page 145 of 678 Trft Bicycle Store of Boca RatoiT 355 North Federal Highway -2 Boca Raton,,.FL 33432 Ph: S61-405-6987 infoboca0trekbikestoreusti" .c`form Date., 08101/2017 ftrcocle: 08011713Q-%656 Sales Person: Joseph Morley Bill To Ship To Boynton Beach PD Boynton Beach PD Nasim Davis Naslm Davis BOYNTON BCH FL 33Q6 BOYNTON BCH FL 33426 Phonel: 925-984-9717 SKU Description MlSRP price Qty Extended POL20462021K POLICE 19.5 29 TREK BLACK $1,359,99 $1,249.99 4 $4,999.96 BAG47791480Y BAG BONTRAGER RACKTRUNK $99m $84.99 4 $339.96 INTERCHANGE POLICE BLACKIGREY Subtotal. (iia Tax. Total: $S,713.72 Amount Due: $5,713.72 Total Sovings-.: $500.00 Bikes are airyently not available. Availability Is anticipated Oct 31. Quote is for one size (19.5") Sizes can be mbeed at no additional ;e. Thank you! Thank you fbr visiting your local Trek Bicycle Store! We look forward to helping you with your cycling eVerience. Let us know how we can help you today. We price match, ask for details. The above prices, spedfrations, and cgWitions are satisfactory and are hereby a.,krj-. Customer Signature, Date. 08/01/2017 1:40 PM - Joseph Morley [Page 1] Page 146 of 678 a 12794 FOREST HILL BLVD.- SUITE 36 - WELLINGTON, -8 & FAX: 561-795-8740 �.OV AMIMM"'Iff" 19419 Rea'd by Aa" Page 147 of 678 Wheels Of Wellington Wellington, FL 33414-8587 561-795-3038 mralr 7 MOM Part Ia. Retail MSRP* Model Color cargo Capacity 424156 $99.99 $99.99 Interchange Police Black/Grey SOO-800 cu in (8-13L, F47 I =ci 34 cm (1) x 19 cm (w) x 16 cm (h) Page 148 of 678 Iii � k s O 3 } { Y 7# Y x #A yr r, a „ a , � k s O 3 } { Y 7# age 149 of 678 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 171380 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 08/17/17 TO: TREK BICYCLES DL CYCLES HOLDINGS CO L 800 N CONGRESS AVE #1A BOYNTON BF.ACH, FL 33421 SHIP TO: City of Boynton Beach POLICE DEPARTMENT 100 E. BOYNTON BCH. BLVD. EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST jr FIROCUREMENT SERVICES: "'—P.0.'TOTAL. 5196.92 ACCOUNT NO. PROJECT 001-2111-521.64-02 PURCHASING Page 150 of 678 I W, W LD N m a% 0% 11; � 1� (q Ln at co (q I -q IV Ull I 0 0 u N N z 2 H 04 n r% q cr— W u no Ch H kn ;j 4 U-4 I cr— C �4 0 41 rig 44 4) tn ai Z 4 M to • 0 W'd W V >1 a4 o P E-' 04 44 H L) fd 0 0 m 0 41 id OH t3l 0 Ed W Z !D a mi -i m Ol N wm 0 4.) WWpl, PQ M m M OU E-1 �D 0 w W, W LD N m a% 0% 11; � 1� (q Ln at co (q I -q IV Ull I 0 0 u N N z 2 H 04 n Page 151 of 678 r% q cr— � (D d) E) kn ;j 4 U-4 I cr— �4 0 41 rig 44 4) tn .H �4 0 A bl-4 r -t �4 0 0 -44 0 W'd W V 4J () 0 'H.H L) fd 0 0 E) rd 4J Vrd M 41 id OH t3l 0 Ed W F -I E4 m .4 -r0A �4 >,to H a) v 4J 0 G) m 0 4.) WWpl, m M OU Page 151 of 678 I C Y Cie's raxs 0 kj GvrL 1 0o I C,� Pdr- Se*-L4'ce,&J(Ae- P6-4� (09OR!,o�V9&.19 Recommended Vendor lar Amount of Ir L Three Written Quotations State Contract SNAPS Piggy -Back Emergency Purchase Contract Number: NOTE: Pricing proposal for purchase must be presented in the same detail contained m4thin the c•ntract. urce for iPurchase: 001 - z( J( - S'z( — &q(-Oj Page 152 of 678 Date: 07/26/2017 Barcode: 072617130541614 Sales Person: Billy Wentz Bill TO Ship To B0Vnt0n Beach PD Boynton Beach PD Nasirn Davis Nasim Davis BOYNTON BCH FL 33426 BOYNTON BCH FL 33426 Phonel., 925-984-9717 SKU Description POL2046202iKPOL . JOE 19.5 29 TREK BLACKMSRP $1,359.99 Price $1,209.99 Extended POL20*2021LI K POCE 19.5 29 TREK BLACK 2021K POL2046POLICE 19.5 29 TREK BLACK $1,359.99 $1,209.99 $1,209.99 $1,209.99 L2 221 PO0460K POLICE 19.5 29 TREK BLACK $1,359.99 $1,359.99 $1,209.99 $1,209.99 $1,209.99 G39850855 SAK BAG BONTRAGER TRUNK INTERCHANGE $04.99 $89.24 $1,209.99 DELUXE BLACK 4 $356.96 Subtatal. Tax: Total. $5,560.71 Amount Due: $5,560.71 Total Savings.: $663.00 Thank You for visiting your local Trek Bicycle Store! We bok forward to helping You with your cycling experience. Let us know how we can help you today. We price match, ask for details. The above prices, specifications, and conditions are sattfactOry and are hereby acceut�,,e nit . an Customer Signature. Dat�e. 08/01/2017 1:01 PM - CrWan Rodriguez [Page 1] Page 153 of 678 DITJ 0 r ifl � gg qgppm� J �. th t j Page 154 of 678 Fan W sit forTaxpayer ,� Identification i,den ti7 Number �' f4 v QUO"W. DO i notf send to Vw Ift T � x qt 2 . ss s � i I DITJ 0 r ifl � gg qgppm� J �. th t j Page 154 of 678 Trek Bicycle Store of Boca Raton 355 North Federal Highway Boca Raton., FL 33432 Ph.w 361-405-6987 infoboca@trekbikestoreusa.com Date: 08/01/2017 NSRP price QtV $1,359.99 $1,249.99 Barco&. 080117134036656 BAG47791480Y BAG BONTRAGER RACK TRUNK Sales Person: Joseph Morley $4,999.96 $339.96 Bill TO Ship To Boynton Beach PD Boynton Beach PD Nasirn Davis Nasim Davis BOYNTON BCH FL 33426 BOYNTON BCH FL 3342V Phonel: 925-984-9717 SKU Description POL20462021K POLICE 19.5 29 TREK BLACK NSRP price QtV $1,359.99 $1,249.99 0ftrided BAG47791480Y BAG BONTRAGER RACK TRUNK 4 $9%99 $84.99 4 $4,999.96 $339.96 INTERMANGE POLICE BLACK/GREY Subtotal: Tax, Total, $5,713.72 Amount Due- $5,713.77, Total Savings:: $500.00 Bikes are currently not available. Availability Is anticipated Oct 31. Quote is for one size (19.511) Sizes can be mixed at no additional price. Tha you! I Thank you for visiting your local Trek Bicycle StDrej We look forward to helping you with your cycling experience. Let us know how we can help you today. We price match, ask for details. The above prices, specifications, and conditions are saWactcxy and are hereby accegrl-,�!- ir . :W L -0 ,ZC&, Customer Signature-, Date: 08/01/2017 1:40 PM - Joseph Morley [Page i] Page 155 of 678 WWW.W1HEELS0FWELL1NGT0N.NET 12794 FOREST HILL BLVD.- SUITE 36 - WELLINGTON, FL 33414 561-796-3038,a FAX: 561-795-8740 All Claims and retumed goods MUST be accompanied by this bill. 19419 Ree'd Page 156 of 678 Wheels Of Wellington Wellington, FL 33414-8587 561-795-3038 Bontrager Interchange Police Rear Trunk Bag Part No. Retail MSRP* Model Color Carp Capacity Dimensions 424156 $99-99 $99.99 Interchange Police Black/Grey 500-800cuin(8-13L) 34 cm (1) x 19 cm (w) x 16 cm (h) Copyright V 2017 Trek Bicycle Corporation. All Rights Reserved, Page 157 of 678 'No Page 158 of 678 Aug 15,2017 1 17 gat:X AM �111- i iw @taan€s�ands FEsipYJf ' K: %C.TC9:Tiavvtane ;8+Account information �, rffl Proj toEM dgatrnlscoxane CL 0T C C i OF C® MAL. SRYS Project Entr�. 'Shona:cum@srance= Fiscal Year, 7 6r' e-onCu"�w2n,-a9[ Budgetr 94, ' m 00nsecions committed! 54,108.46 New o; Mate Eslfir[a: 40,791,54 Geta@i n„ °resr & I . € ending 5-? date Pending de cede; Account Balance by Period # , Payment Information , P oncing t, vear � Prore gn#ceP; Cumulative Vendor t* indicates pending) `J Total Pertedfltonth Actuals Totals q TYCO INTEGRATED SECLPM LLC 2.727,29 a i l j C?, 01 October 517,BG 517 90 Q BARER,s TOOPHY CASE INC, 538.0 rt q2 November 1,527,95 Z045-74 Zi BLOSSOM SHgPPE R Sf 5w,00 - 93 december 2, ,80 5,095 75 �q Q Ekc°S LOCK S - .ITV E .d0 S PORI tt4 January q 3. 8T2.L-0D 0, Ste 74 R CASH -POLICE 9.9i3 im IM, 304. i --..�.,.. - Cancel .,�.,-11.11 1111-,.._ .._._� __11_11 ._. ...e._..._:..� 1111 11.11. 1111.. 1111 1111. ., S Fit: @ Encumbrances 3 Pea Encumbrances s L,.... ,.w.wrvxew uwmwawuma_®.®...y A, Fender balance Type ReiiinProject i dance .. ....uaace..�_.PC 0, It Urm INC. Newtiiiccount C, 17€1195 TYCO INTEGFATEb SEOJR 370.E _1.1,.....11... _1111__.. ms's 170M ZIPS CAR WASH, LLC 2.620,00 gg 24!& C. 171319 NATIONAL C 'E 16, 72& OC ' ¢ }}} Ci. 17135G AXON ENTERPRISE, INC5.70,55 i .»,x..2015 &t 131371 S16I5Y0P2, INC. .,.m9 Account aL._. Sa mentfl3mance DetaNs peftiing trans... ! f Fuad tel GENERAL Original Budget 16%409-00 Department 21 POLICE Revised Budget 94, j nous 11 ADMIRESTF TI9`E SERVICES Current ®xpenditures _.,..._ .... Activity basic 52 PrELIC YT6 expenditures 2& ONE.28 Sdga2a@E a Sib activity 1 LM ENFRw2Kwr unpostad expenditures 2, GSE. 89 Element 49 Cd Ck Encumbrances 19 924 Pcard acc ..._.....iic...__._.,. Page 159 of 678 Aug? X File Edit Cbmtoonda PUND WAOAWPkir.'.'.CTON NaAay:n� 601'2111AM'ei-+02 iF �4i7�tS4it B'PYISD§flaP.� Budge€ ml-telisnej. Enu^urst�rant�<_ ! Pry-er�raresAt�ts�e� 7`eanWa�tanej a€ s ys, date Metall b" code I Detail'rear& Pending Gp daft Pending t; code Pending t# steam Proceramen0 Gari plint „ Exit .N.» previous acc.- »... fielal account I 2016 t w.- Acconnilai. .,_.e.. Parad4.r inawc...k» esBudget Peace— �. Account info len Ic RACHINSW AM EQUIPMENT 0 CeERAL EUPKW Fiscal pear: 2G37 Or Budget= 45,656.00 Committed; 4Se576. i Q 0alance: 799.59 Account iffWance by Period Cumulative Period/Month Actuals Totals DI October u 02 November # Q 93 December .Do �. Q 94 January g_..... ,..,..__71 Encumbeances PO a Vendor Mance' 1700A C-014MON CENTS ENS SUP f.-! 17OW7 SET SLPR=CES INC, 1 P9 1 Q 17ONS SLAITERS TML 6 SLPPL . 171121 .ABY ED FILING. SY TE Q 173205 PAC -S'% INC, 1,675.00 Q, 171323 Fl. ULLLET, Imo. SqgMentlealance Uetails Fund Gel Department 21 POLICE Division 11 ADHIMSTDATIVE SFRVICES Activity basic 52 PL IC SAFETY Sud activity I LAIN ENFURCENEAM Element 64 BACNINERY AND EQUIRCENT Project Data Project Eritri Optional Vendor f* indicates pending) Total CADVANCM FILit Y 6.129 07 c, C CENTS SUPPLY. LLC 2,479,SD 0 BLASTERS TOOL & Y 00, INC 2> ,59 Pre Encumbrances Type RQ/PD Project Balance original Budget 2,000.00 Revised Budget 45,656, Current expenditures 9.924.66 Yno expenditures 2.470.59 unposted expenditures .00 Encumbrances 22.53D,98 Page 160 of 678 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.Q. BOX 310 P.O. #: 171351 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 08/07/17 TO: TAPCO TRAFFIC & PARKING CONTR 5100 WEST BROWN DEER RD BROWN DEER, WI 53223 1 SHIP TO: City of Boynton t®= PUBLIC WORK$ COMPOUND 222 NE 9TH AVENUE BOYNTON BEACH, FL 33435 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST PROCUREMENT SERVICES. ACCOUNT NO. 001-2512-541.64-01 / ) | P.O. To' -I -AL 10165.00 1187.50 PURCHASING Page 181 0 878 I I I I I H I O L9 + m 1 O Ln i - ILO OD ri ra I � , r{ I I 1 I I 1 1 I I I 1 I I � I I &qp a a I C) 1 I 1 1 I I I IZ I IH I I E1 I ,Q� 1 1 I (Y, I El 10 U �z 1 H 1 1 I I Ei i 1 , A I I O , I U 1 U H 1 I ! + WWW I I H H 1 Q + S+ W I i 1 H H I 1 U a Or I I C7 C7 1 1 I I I N N 1 0 1 Ln LLQ I taY N + H H I Ln N I U O O 1 1 I I ri N I H I I l Page 162 of 678 rl rl I N CV 1 � i 1 rd r + 1 H I I HI Q Q I ! Q 0Q Y� O 1 m 1b I M i M 10 I N N I 1 I A 1 1 I I 1 1 I 1 Q H + Cl3 10 Ln W d I H U I f1"8 i4 I kD co W I H H 1 0 1 t-{ I I I 1 N H U] 1 M 01 0 0 � U I I Ln � ® 0 I Lf9 I W N 03 d U 1 r°4 rl ® 1C3r� N I I 5; HO H F RIS H i H I 1 W I f U] I U i OH m u0! C7 pa Pa CO rni HH I H 1 I O ~ mU a 1 MO m A w b + Ou]m O w um H I +b ui U + US I I I H H H MH H A O'•H 1 1 I UH W W H �i W I OM i i HW W BIW W HH r7 HWM U3 W O 1 Cn + H U S<O H H sa Aw W a O + O`Ipa pa MWH OM E+ I U .... awl NWS .. OE� H O IP40>4n H i UHEO Z48t WOi+A 00 WHO � 00 H O H F84 O 0 V y�0,v O HO pa alU i. m Q 99 C7 W U w H Gj 1 H N Uy HM 1 o -a + I I I I I H I O L9 + m 1 O Ln i - ILO OD ri ra I � , r{ I I 1 I I 1 1 I I I 1 I I � I I &qp a a I C) 1 I 1 1 I I I IZ I IH I I E1 I ,Q� 1 1 I (Y, I El 10 U �z 1 H 1 1 I I Ei i 1 , A I I O , I U 1 U H 1 I ! + WWW I I H H 1 Q + S+ W I i 1 H H I 1 U a Or I I C7 C7 1 1 I I I N N 1 0 1 Ln LLQ I taY N + H H I Ln N I U O O 1 1 I I ri N I H I I l Page 162 of 678 Date: 7/25/2017 Requesting Department: Streets Maintenance Contact Person: Art Brode Explanatlon for Purchase: Equipment needed for the Streets Division for the Sign Shop and it measures the sign for retrorefiectivity. E Recommended Vendor rapco �!Dollar Amount of Purchase $11,352.50 Z"Rontract Number. NOTE: Pricing proposal for purchase must be presented In the same detaill contained within the contract. Approvals: Head Date W//7 Purchasing Agent Date Asst City Manager Date City Managert rDate Page 163 of 678 REQUEST FOR OFFICE ASSISTANCE FROM: Date: _71o2r 0A [AII il-671111 A1611 13 Copy Work — Number of Copies: Double -sided I Collated & Stapled Distribution: ►:110 FIM. -Mmn. TM- 71111711111 Vendor or Person to be reimbursed: Account Number: Project No.: 1L� =�rvmz =�U74121 A& Account Number: 06 1 - - s -w 0.2- Project No.: List Items w/Quantities & Unit Costs on the back of this request. u Verbal Quotes ($500 to $1,999): Vendor: Cost-, Vendor: cost Vendor- Cost - L3 Written Quotes ($2,000 to $9,999.99) — Attached. L3 Written Quotes ($10,000 to $24,999) w/Purchases over $10,000 Form —Attached. L3 Bid/City (Over $25,000): Bid # u Bid/Other Entity (Over $25,000): Bid #, Bid Eff. Dates, & Bid Quotes — Attached. 1�� =M 1,11 !1wif Page 164 of 678 Shipment within erchan °a e Fr Tax Tota! Acceptance By Cate $11,352M X11,352.50 By For terms and conditions, please visit: http:! .tapconet.comfierms-and-cmdiirons Page 165 of 678 COPY So To City of Boynton Beach Sho To. City of Boynton Beach Cust. Cslsz Warren Bazemore C t. Warren Bazemore 222 NF 9th Ave 222 NE 9th Ave OY TON BEACH, FL 33426 BOYNTON BEACH, FL 33425 USA USA Customer PO Expiresit r ' fs via 9i1A�Q3 Jenne Ccnre Net AY F�FAI 220 =1 1 ri E n Refrorefl tometer,GRX 1,TAPCO Unit w/Cantera 1 EA 10,165.00 $10,165.06 GPS, Barcode/QR Reader & Wirdess Communication 128386 CRS, MUTCD Library for automatic pass or fail 1 EA 1,187.50 $1,187.50 evaluation Free Freight TAPCO Us Communities Contract 0 2013-100 Thank you so much! - Joanne Conrad Joanne@tapconet.com #877-827-2652 Shipment within erchan °a e Fr Tax Tota! Acceptance By Cate $11,352M X11,352.50 By For terms and conditions, please visit: http:! .tapconet.comfierms-and-cmdiirons Page 165 of 678 ""TAPCO 111EA TRAFFIC & PARKING CONTROL CO., VNC� FIR throughout North America byTAPCO. TAPCO has no dealers for sales and the repair/maintenance facility is located at TAPCO headquarters, A TAPCO employee is the sole source of factory repairs and trouble shooting in the US and Canada. There is no other entity that can provide factory service in North America. The GRX complies with ASTM standards E1709/2540 for road signs and E1809 high visibility clothing.. RetroSign GRX is totally is configured to meet your requirements RetroSign GRX is available for measuring traffic signs, high visibility clothing, license plates and reflective tape. RetroSign GRX features a S" touch display. RetroSign GRX offers a range of valuable features of which several are new to this kind of fg2tures-wXiO—we not available or even possible in earlier generations of instrumentation to include and still keep thel retroreflectometer small and lightweight. IL when measuring, hence avoiding or at least reducing human errors in measurements. In addition, the GRX can report the orientation of the sign face and thereby inform the owner if the sign is exposed to high or low sunshine stress. MM TIM I I l 11ORZ11 kT"71;11-Q4 Nava available being: 0.2a, 0.33o, 0.5o, 0-7o, 1.0o, 1.50 and 2.0a. Furthermore, the instrument has 7 entrance (also called illumination) angles available to cover the demands by different standards. The entrance angles -4,, +So, +100, +2011, +30a, +40D and +450 are provided by using different angle adapters, mountei on the front of the instrument. This makes it easy to adapt the GRX from one to another geometry. RetroSign GRX is first and foremost built for field work but the wide range of available angles will also make it suitable for most laboratory measurement work. Page 166 of 678 117 and legend colors - a possible future standard requirement. In addition, the instrument is able to take pictures of a sign. Such features make a sign evaluation program much faster and easier to complete - and reduce the risks of incorrect results. Using the GRX App and tablet solution makes it possible to mark sign defects or damages and add damage specific information to.the log file, One of the new features of the GRX A is the ossibilit to download .1r, RetroSign GRX operates with a measurement set-up consisting of templates, measurement series and inspections. 'Templates'specify the data variables to be captured during an inspection; it consists of 13 predefined variables and the possibility to add further variables if needed. 'Measurement series'is a grouping of inspections for e.g. a geographical area, a road or another defined area. 'Inspections'are thzz measurements of the individual signs. MV T 39 12 10 5 2 I �41 am- OWN; and made available to the user. In this way, GRX becomes a price flexible instrument solution but does not limit the user to the model initially purchased. IN"Ifflam- UNNININ WIN M-NiMMIMN management solution for advanced data Focrocessing *w Google Earth or other software mapping tools. Page 167 of 678 ' "TAPCCi EL INU IS Tll Safe trave . Joanne Conrad Page 168 of 678 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. ©: 171352 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 08/07/17 TO: LIFE SCAN WELLNESS CENTERS LIFE EXTENSION CLINICS 1011 NORTH MACDILL AVE. TAMPA, FL 33607 SHIP TO: City of Boynton Beach FIRE STATION NO. 5 2080 HIGH RIDGE ROAD BOYNTON BEACH, FL 33426 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST PROM REMEN TSERMES : MIM1190 41 17100.00 �Illlllffl PURCHASING Page 189 0 878 I I Page 170 of 678 Date: 8/1/2017 Requesting Department: Fire Rescue — Contact Person:.Oulda nded Vendor Life Scan Wellness Centers 0 . ..... e for Purchase (check and affach backup materials): Three Written Quotations GSA State Contract PRIDE SNAPS RESPECT Piggy -Back Sole Source Emergency Purchase L --j Other Contract Rumber: NOTE: Pricing proposal for purchase must be presented in the some detail contained Wthin the Contract. Fund Source for Purchase: Acct, #001-2210-522-31-20 City Manager --1- -1 x Date efiij( Form Revised 01;16102 Page 171 of 678 I Page 172 0 878 co CK Ln I Page 172 0 878 co \ . 0 00 %-W a u -u- I Page 172 0 878 WeRness VCenters May 10, 2017 Life Scan Wellness Centers is the sole provider of the Life Scan Wellness Program for public safety which has unique characteristics that are essential to perform the health, wellness, and fitness evaluations for your firefighters. The Life Scan public safety physical is an integrated medical approach to occupational exams t& combines NFPA 1582 physicals, NFPA 1583AVellness Fitness Initiative fitness evaluations, and OSR 1910.134 Respirator Medical Clearance and Mask Fit Testing with advanced medical assessments for th early detection of the major diseases such as heart disease, stroke, cancer, diabetes, and aneurysms befoi they reach a catastrophic level. It provides your employees with a thorough assessment of their health � well as recommendations for achieving and maintaining long term health and managing medical risk Each Life Scan physical exam follows the guidelines of NFPA 1582, FDLE, OSHA, and the IAFF/IAF1 Health and Wellness Initiative and yet has the added -value benefit of ultrasound imaging assessments ( the internal organs and cardiovascular system, more extensive laboratory blood profiles, diet an nutritional analysis, a state-of-the-art fitness evaluation, and a personalized wellness plan. The Life Scan program also has the unique ability to perform all aspects of our program on-site at location provided by the Panama City Fire Department. This includes blood draws, X-rays, physica ultrasound imaging, cardiopulmonary testing, and fitness evaluations. I appreciate your consideration and look forward to continuing to provide Boynton Beach Fire Rescue with our Life Scan Wellness Program for your firefighter physicals. 10 11 North MacDill AventE Tampa, Florida 33607 1 Page 173 of 678 9 i; S Request l Certification i � EM Life fi ' , Inc. stn 9 n , t tuber, . t, and ipt or ii North Mattlill Avenue CRY, D code Tampa, FL X ,. 4 r-TrM.W.Irr, ;M S s rw x • { III SAM en or other U.S. a. -withholdings,I( you have been notified by the IRS that YOU 81's cUrMrI Bubjeot 10 backup r_- Jlq General Instructions 1�1' • T - 4 Form mriation rourn Wim the IRS must "A Im htheIRS "Wo, go = y, person01 debt, or contribuII you m0de to am IPA Use Form W-9 only it you are a U.S. aLrjen), to provAde your correct TIN to the person requesting It Oho retivester) and, when applicable. 1I 1. CartHythat the TIN you am gMng is correct (of you am WSKI for 6L number to be Issued). 2. CeMy the, you are no, subject to backup with"IdIng. or 3. claim exemption from backup withholding V You am a U,& exempt f a Vois must Lm the reQuestors form i" to substantle'lly Similar to this Fbrm W-9. f For federal'taX PurPMS- YOU am colisideied ,. orgienized in the'Uribrd SMMS or UrI the laws. OT the United MMI 301.7701-7). # or alingrghilys. PaKnerships that conduct d trade pr, a 1l,. 011.1141—JWA`1111111119��111111111 A:= Page 174 of 678 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P. 0. #: 1713 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 0810911 TO: IT'I'IkTIA FENCE CO. 862 13TH STREET LAKE PARK, FL 33403-2383 SAIP TO: City of Boynton Beach EAST UTILITY ADMIN 124 E. WOOLBRIGHT ROAD BOYNTON BEACH, FL 33435 EXTENDED LINE # QUANTITY UO M ITEM NO. AND DESCRIPTION UNIT COST COST PROCUREMENT SERVCES: P.O. TOTAL ACCOUNT NO. PROJECT 401-2816-536.46-10 PVRCHASING Page 175 of 678 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P. 0. BOYNTON BEACH, FLORIDA 33425-0310 DATE: 08/09/1 E0'- SHIP TO: TO: MARTIN FENCE CO, City of Boynton each 862 13TH STREET EAST UTILITY ADMIN LAKE PARK, FL 33403-2383 124 E. W00GHT ROAD BOYNTON BEACH, FL 33435 EXTENDED L # QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 4 1118.00 DL LIFT STATION 504 1.0000 It #87Endrst with hookup Vinyl Coated 4t- $299.00= Item quan1t. 7-04.00. 0" Item rerftdVe::&� -:Figri-ee -:2!: at A 4 j 10:.... $120.00 5 1118,00 DL LIFT STATION 700 1.0000 ltest 491, 9' n, d Post with Hookup. V1. n;�' .�y1' Coated 2 at X99;.'00=:�:$598 00' 1'6''.# 6M 96L'�Gate Double swing 121 400.00��:� It # 223 Remove Fence 12: at 01w 00= $120.44 6 2006.00 D.L. '..:LZFT STATION 712 :1.0000 #82. Gau4e V.&icing Fabric $x:44.00 t I :6m # B8 COrna Post with. H ookUp 2::. -'each at 00=� $704. 00 Iteifi:�� #. 223 Remove:;of 61 Fence �.at, $10:00= L - $160.60 7 3237;00 DL LIFT SITABION 714 1.0000 Item `77 9 Gauge Fencing Fabric 35L,V at.$25-6.00::. $8 75 0 Item -VbSt. 'W"i-tb o HookupGal,V& 2ed 2.. 7 a C t $242 4,!0 Item #88 Corner POtt::Wj:t 'Hookup 4each at $282.06=' $1128.00 Item #96 Double Swing Gate 121=$400.00 -A PROCUREMENT SERVICES; e P.O. TOTAL: ACCOUNT NO. PROJECT 401-2816-536.46-10 1161WK PURCHASING Page 176 of 678 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 00E} BOYNTON BEACH BOULEVARD P. 0. P.O. BOX 310 BOYNTON BEACH, FLORIDA 33426-0310 DATE: 08/09/1 DATE NEEDED: BID NO: LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST Item 223 Remove 61 Fence 36.L.F. at $10.00=$350-.0.0. 8 1004.00 DL LIFT STATTQ.Xu8:047:..--.. 1.0000 Item #87Eha.::Pos..t with H.00k.plip: Z PROCUREMENT SERVICES: ACCOUNT NO. 44!1-2816-536.46-11 WRO310NO WARENNIMM PURCHASING Page 177 of 678 J ] 1 H Ga 1 I 1 N r 1 I I W H I I 1 1 V] ^•d 1 1 H Mal 01 1 1 W 1 1 W N 1 1 Q 1 1 H ! 1 H � Itl rel 1 ! H Fi H I 1 I I H H 1 1 f 1 H OD I 7 � H 1 1 1 1 I 1 1 02 Mr I I I G I r f] 1 I 1 1 us 0 i ® i bi Gi ZI ! 0rA tl J10 I % 1 I y Hi 1 H i K 1 f3 hj l J G OI 13 H 1 1 I I I I Q J I Q H 1 1 I 1.03 IT � I I Grl 1 M I yl -3 n L'1 00 I 1Mi H 1 I 1 I I 1 r I I ! I I IRA 1 I 1 [ I I I I 1 1 1 I I I I I 1 1 tj I 1 1 � I l H 1 I I 1 1 1 1 I tTj I 1 Y Q N9 J f iv ! d7 I + Q 1 I 1 f 1-1 H Page 178 of 678 To w In 0 w 0 w Z �d Pd I I 03 1-, 0 (D (D (D '-I• w x 93: tj �j Do �l Ln 00ft :stm 00tiu. uououca 0 0 q 0 P4 M H U 1 n 411- W W H �Otjo 0 M 0 0 0 (D 0 �It4 �g 9 " 0 P, 02 A Nxl�l N w 0 cr MID &10. :4 2 HO C) Zmm "00 ■ LQ H V0 Q3 M pp. w to rt M En 0) ED Irr H 01 En H -Z4 I'tj tJ 0 Z M F- t4 w Ili 0 rt H- 0 W- rt U)� MLQ rr 0 Rt� U rb •0 Pi L-` rt o' 0 rn rt 0 CO UJ ID 0 ftj 0 0 0� pd t1i pz �cm. w 0 a " WOW" mnlm K 0 Fl- rr -vk 10 F- 4*-Lrl--cft H v lb P� e Lj 0obt. Or (D ;j t� N. Ot'i N 00 �r M 114 P, ft 4a 0 cr tj 4.n ia ll� 4A M tj 0 0:) uj tj P) Lrl 'N Ln OD 0 6 0 P) 11 0 rt 11 uj o N 0 K) 0 ci t7' v H In H 0 0 0 0 F, o U.1 ca 0 Ch -ul- H -W H in. H L -I r OCN(D Ln(D lid M 0 H OOC3 0--WO4#w I H 0 H XUo-*c) owl I'd (2 H 0 F3 bi m Fq q tj 14 4A M H -in 0 0 w 00 Oz POA H P) r tv� F1 c3m tQ I- I w 0 00H (D H M ILI '-J I H L, H tzf 0 (D Z w 0 m C to W- P -h rr 0 I s-3 H H ',I t-' F3 t7l Z P- LQ H O cr 1-3 to R' iCO o' N Aj 1> ty, WN 0 0 " q w n m 0 Fl- I 0 D I FA z H m F, (IN I (D 1,91 po ID rr a Qg o' rr -ta F, P) (D 0 cr U) I PO q ro CD C3 o L31 0 Cl L -j M i z '.3 0 u 0 0 WLO cn 1 0-3 w 1�w 0 H H k tj 0 0 z U 0 W z Go w 0) 0 C5 0 F, I Ch LD Ln 0 0 1 0 H (n C) M a% C) I n 1-3 0 VJ 0 CD I t7q r M 0 1-3 w W W Page 1�9 of 678 Z 0 0 n 0 on tj 0 m co co m co 032 I- H H H H H o1 y m Ch m In m m 4-1 H p w H H 0 0 0 0 0 0 w In 0 w 0 w Z �d Pd I I 03 1-, 0 (D (D (D '-I• w x 93: tj �j Do �l Ln 00ft :stm 00tiu. uououca 0 0 q 0 P4 M H U 1 n 411- W W H �Otjo 0 M 0 0 0 (D 0 �It4 �g 9 " 0 P, 02 A Nxl�l N w 0 cr MID &10. :4 2 HO C) Zmm "00 ■ LQ H V0 Q3 M pp. w to rt M En 0) ED Irr H 01 En H -Z4 I'tj tJ 0 Z M F- t4 w Ili 0 rt H- 0 W- rt U)� MLQ rr 0 Rt� U rb •0 Pi L-` rt o' 0 rn rt 0 CO UJ ID 0 ftj 0 0 0� pd t1i pz �cm. w 0 a " WOW" mnlm K 0 Fl- rr -vk 10 F- 4*-Lrl--cft H v lb P� e Lj 0obt. Or (D ;j t� N. Ot'i N 00 �r M 114 P, ft 4a 0 cr tj 4.n ia ll� 4A M tj 0 0:) uj tj P) Lrl 'N Ln OD 0 6 0 P) 11 0 rt 11 uj o N 0 K) 0 ci t7' v H In H 0 0 0 0 F, o U.1 ca 0 Ch -ul- H -W H in. H L -I r OCN(D Ln(D lid M 0 H OOC3 0--WO4#w I H 0 H XUo-*c) owl I'd (2 H 0 F3 bi m Fq q tj 14 4A M H -in 0 0 w 00 Oz POA H P) r tv� F1 c3m tQ I- I w 0 00H (D H M ILI '-J I H L, H tzf 0 (D Z w 0 m C to W- P -h rr 0 I s-3 H H ',I t-' F3 t7l Z P- LQ H O cr 1-3 to R' iCO o' N Aj 1> ty, WN 0 0 " q w n m 0 Fl- I 0 D I FA z H m F, (IN I (D 1,91 po ID rr a Qg o' rr -ta F, P) (D 0 cr U) I PO q ro CD C3 o L31 0 Cl L -j M i z '.3 0 u 0 0 WLO cn 1 0-3 w 1�w 0 H H k tj 0 0 z U 0 W z Go w 0) 0 C5 0 F, I Ch LD Ln 0 0 1 0 H (n C) M a% C) I n 1-3 0 VJ 0 CD I t7q r M 0 1-3 w W W Page 1�9 of 678 W & H H4AH C HH-WHt' iAHH-W"tC w n ct rt Eli cr H mnmffwffH wort r-rwrT A rrk)"" woo ffMrrMrtwrTMrtH M M WM M @OMMWMNJ @CM (D QOM ODM OM P4 g0g-tM C(D COM 0)(D OM �-J 0 0 w tri 90 W ftj -3 WE9 &q 219 5 koq OF -3 WS &5 NN E9 q nip) 9 OFI "Fl 00 nx. xcx3:Axq . . . 00 a to OO:*=WO=WO4#- #tW 0 dr- 0 =W. 0 ft 0 U: zW CO OOOftft0U(Q :Kt:J wcw�3 ROWWOODH ltlmwawo a H ItIO "OWOMOOD -a q xdOWWOCO H Ili M 11 -3 HNMII -J> H N w 11 00 go Q'i � HiQ N M 11 co -j rte H N) Ch -11 HN H 0H3 q OHw -j -4*3 Qq Op< a-MWH � N F- n H tj F4 i& O -W) G3H dFA H1H P) to 0 O liP) Ln pi OHO w ko MW 0 coo 0 0 0 Pd rr %V P+ rt W " M "NH 0 AM A>i4 M Oz 'lj � M M CO mi WS M cu Mrtwo P, 0 MWOEI (A 0 r- x tooH MH U�)tu-j WOO .�w moo -M 0) w W0. 0 - M Id LA W M OC" Ot K) z 0 00 z ZW-14 O" to ZH Omom 0 MF- z <M 00 OU140000 n do 0 am .2) n M F-0 G LQ -4 0 OM 0 to Ln 09 w W Ch NWM & rr w WMW �L v w M w In w �u rt M ED W �-3 H HHS HMM 0 rr H M �4 0 (D H M:Z Htjm�- $ H tJ -F' X HIS - m M HO - P- W :C 0 Hu -H :2 ztzj -M P- zM M 1— zw 0 rr C M z W 0 rt H. a ZM 'M Z H ro- rr (n, N rr rn' ftl A) F- 0 U3'• hh W rlr H. cn' Ma H v30tgw Z' G) M W p'a M �e rr rt 0 a M C pr 0 HGS IOD �1. 0 P- H. � PC• �3 - - L� " 0 M ON rt w M t+tjn 0 0 L� 0@p 0 MO P, M UC M 0 pv 0 IV t -I � 0 (n M LQ 0 ED LQ 0 (0 10 0 TA (D 0 Al En 0 M 0 R— K Rl' F- x Wi- w@ M 0 12J lr" M :T x U, 0- "d' �OHH G tat r G WO 0 PV D) sp r 0 w W w K) MW -W b t4 t4 p 0 r_ M M t. -q N 0 rt w ci bjr). 0 Mn PV C5 to is 10 " lu ci 131 0 R ;l rt rr 11 F.- rr H- tE N n N10ati H H rd -L* F -I V F -I V 11 jjt Hro PJ (D H kd 04j). -LOs, M%HP w M mM rr M w r�d � 0 & M 00 SD H P) n - vo P) 'N P. pqwo (D n L- 0 pr IM N 0 0 00 0 P) k.0 0 a 0 �j 0) P) 0 d a 0 0 Pi . a O' pi 0 p n rt P) 0 0 II rt 11 rr 0 rt 0 rt pr rr 0} P) W in rr -W rr 10 vy pi "'. 4n, w 4j).CD w (D A% rr W k) K) NJ H C) K) -Ea F9 0 . w O N • M 0 0 � 0 P, D Ln 0 0 0 0 rr 0 rt C) 11 H 0 II 0 0 0 d ii 0 II ii F, F, F, co M C3 H 4. Ln 0 OD 0 0 0 a C3 Cl tj Ll Pe w ci :to q rn H H t" ci tHq q k D) H Z rJ3 D) PUM C: to M 2 0 H US tj Sd L21 U >d N 0 w 04 0 0 pu 0 H to 00 M w 0 W H Go HKi 0 Otm to H US tj w "'4 ge 180 of 678 C) 0 0 0 0 0 0 GO 0 in 0 cu 03 0 0 0 Pe w ci :to q rn H H t" ci tHq q k D) H Z rJ3 D) PUM C: to M 2 0 H US tj Sd L21 U >d N 0 w 04 0 0 pu 0 H to 00 M w 0 W H Go HKi 0 Otm to H US tj w "'4 ge 180 of 678 Date: 2 -Aug -17 Requesting Department:Utilities-Pum r Jim Hart �Explanatlonfor Purchase: wd Renali Gites ai Lift Sl tions: 206. 315. 317. 5041, 7W 712. 714,, and 807 Recommended Vendor Martin Fence Co. 1863 Dollar Amount of Purchase $19,188.00 IIZ- Date Date 9,-12 Date _ Page 181 of 678 REQUEST FOR REQUISHION Quan. Unit Price Description & Part Number Fund Dept Basic ffl—em Obi 'I Amount 1 $1004.00 Lift Station # 206 401 2816 536 46 10 $1004.00 ITEM #87 END POST WITH HOOK UP 2 each @ 242.00= $484.00 ITEM #96 DOUBLE SWING GATE 12ft $400.00 IT #223 REMOVE 6'FENCE up tp 100L.F. 12 $120.00 1 — 1 $4854.00 Lift Station # 315 401 2816 536 46 10 $4654.00 Item #77 Gauge Fencing Fabric 64L.F. at $25.00= 1600 Item #87 End post with Hookup 4 each at 242.00= $968.00 Item #88 Corner Post with hookup 3 each at $282.00= $846.00 It #96 Double in gate 12'2 each at $400.00= $800-00 Item #223 Remove 6'fence 64L.F at 10.00 Page 182 of 678 .................. DIVISION: Admin. ------------------------- Date: 07/24/2017 IM, 1299WO ering Date Neede 08111/2017 Cust. Rel. Distribution BACKUP DOCS. �,i SUBMITTED: a er ua. uo s er V r $500) ---------------- Pumping uotes ritten over $2000 ff Sole Source Lrt- . 111,091"Alk MR Special Instructons: ct Number: Quan. Unit Price Description & Part Number Fund Dept Basic ffl—em Obi 'I Amount 1 $1004.00 Lift Station # 206 401 2816 536 46 10 $1004.00 ITEM #87 END POST WITH HOOK UP 2 each @ 242.00= $484.00 ITEM #96 DOUBLE SWING GATE 12ft $400.00 IT #223 REMOVE 6'FENCE up tp 100L.F. 12 $120.00 1 — 1 $4854.00 Lift Station # 315 401 2816 536 46 10 $4654.00 Item #77 Gauge Fencing Fabric 64L.F. at $25.00= 1600 Item #87 End post with Hookup 4 each at 242.00= $968.00 Item #88 Corner Post with hookup 3 each at $282.00= $846.00 It #96 Double in gate 12'2 each at $400.00= $800-00 Item #223 Remove 6'fence 64L.F at 10.00 Page 182 of 678 Page 183 of 678 $4847.00 ---�0-1-2816 Lift Station # 317 It # 77 9 Gauge fencing Fabric 81 L. F. at $25= $2025.00 it # 87 End Post With Hookup 2 each at $242.00= $484.00 Item #88 Corner Post with Hookup 4 each at $282.00= 1128.00 Item #99 24ft Wide Gate Opening $400.00 Item #223 Remove 6' Fence 81 L. F $810.00 $1118.00 Lift Station #504 401 2816 536 46 10 $1118.00 Item #87 End post with hookup Vinyl Coated 2 at $299.00= $598.00 Item #96 Gate Double Swing 1' tit =$400.00 Item #223 remove 6'Fenoe 12' at 10 each= $120.00 $11180.60-- Lift Station #700 401 2816 536 46 10 $1118.00 Item #97 End Post %ftAth Hookup Vinyl Coated 2 at $299.00= $598.00 Item #96 Gate Double swing 12'=$400.00 Item # 223 Remove 6' Fence 12 at $10. 00= $120.00 $2006.00 Lift Station #712 401 2816 536 46 10 $2006.00 It #82 6 Gauge Fencing Fabric L. at $34.00= $544.00 It # 88 Corner Post with Hookup 2 each at $352.00= $704.00 Item. # 223 Remove of O'Fence 1161-5 at $1 0.00= $160.00 - $3237.00 Lift Station # 714 401 2816 536 46 10 $3237.00 Item #77 9 Gauge Fencing Fabric 35L.F at $25.00= $875.00 Item #87 End Post with Hookup Galvanized 2 each at $242.00= $484.00 Item #88 Corner Post with Hookup 4each at $282.00= $1128.00 Item #96 Double Swing Gate 12'=$400.00 Item 223 Remove 6'Fence 35L.F. at $1 0.00=$350.00 $1004.00 Lift Station #807 401--j- 2816 536 46 10 $16-64.00 Item #87 End Post with Hookup 2 $242.00= $484.00 It #96 Double Swing Gate 12'=$400.00 It #223 Remove 6' Fence 12 at $1 0.00= $120.00 TOTAL 401 281 636 46 110 $19188-00 Page 183 of 678 The City of Boynton Beach URN" P*WFftxexf 124K WoodMg1dRo" Roym&n Bmck, Flo rNa 33435 Phone (561) 742 -MV FAX- (561742-6298 ITEMS REQUESTED: Replace and Repair to at Lift Stations: 206, 315, 317, 504, 700, 712, 714, Town of Davis Contract R-2012-237 VENDOR#2: DATE: CONTACT PERSON: PHONE NUMBER: QUOTE: VENDOR #3: DATE: CONTACT PERSON: PHONE NUMBER: QUOTE: ATTACH THE ABOVE QUOTATIONS TO REQUISITION AND SEND TO PURCHASING DEPT. Page 184 of 678 12717MM" Top Rai E LI ne Poe Cor. Posts Gate Posts Tension Wire Core Drills P a n a I we a v Customer authorizes the installation of the fence in res=bility for accuracy of ske �M Customer- . . . . . . . . M wwt r", allllll�W Page 185 of 678 Tension Wire Core Drills �00 Panel ave Customer authorizes t installation of the fence Ic ;I J rMR4T"JM-..,.UkM,AUk,, "'T, responsibility for accuracy sketches, I M!`,'S' I' Total Pricer pprox. Delivery Date Less Deposit Week of:, C.O.D. on Completion This contract subject to Terms and Conditions on reverse side. Oral ct representation's cannot be relied on. No modifications to this contra will be honored unless in writing and signed by both parties. --,-? I I hereby acknowledge the satisfactory —ustomer-- completion of the above described work Page 186 of 678 Cate Posts Gates—IMOYIIIII�AA Tension Wire Core Drills Pane w av:Miji�= -vk x \ �� ® ^ . Customer --115--, Page 187 0 878 Tension Wfre Core Drills real ear linesAll fence by customer or , . ha minimum , Per Salesma++i a Page 188 of 678 so Tension Wlre]&Aiv�, or " Drills 11 Pane1weave by customer or a fee wil charged - $75 per hou minimum of I hour. Custorter-,-- Page 189 0 878 PHONE: 561-¥±¥-\6$$ »FAX: 561 \\:/6}-$±$-7ƒ¥¥ TOLL 4\\ /fEE 1-877-777-3212 ,>21 2 86213TH STREET, *«« PARK, FLORIDA \\f#3-2 3 «)2:\ \\\\f} Phone' u !n ss _ Total Footage Con _e|| Pager — � � Tension Wire Core Drills Panelweave by customer ,r a S: will charged . $75 per <*: . » «r2 u of I hour. Per Customer Page 190 of 678 PURCHASE ORDER CITY OF BOYNTON BEACH. FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. #: 171373 P.O. BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 08/11/17 SHIP TO: TO: WW SOD & EQUIPMENT COMPANY City of Boynton Beach 6201 SE 128TH AVENUE THE LINKS AT BOY TO BCH OKEECHOBEE, FL 34974 8020 JOG ROAD BOYN BEACH, FL 33437 ... ............................................... REQU&TION NO, 69642 FORDERINC3 DEP ARTMFNT�' GOLF COURSE/SFR DATE NEEDEM BID NO: COMWSS�ON APPROVED: . . . .......... . . . ..... EXTENDEJ LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST PROCUREMENT SEWCES: O� TOTAL 21400,00 ACCOUNT O® PROJECT 411-2911-572.63-01 GF1701 PURCHASING Page 191 of 678 >4 � Ra Q E+ i 1.J E+ H 14 H 0 m H FA 0 pp NFA W H UI � Q 0 u] 0 I4 FA v Q V 0 li I m � cJ O C? co m rI rl N a� Cx •• t: a 0 0 0 0 CD 0 ,� ha N H F13 Cl Co b 1 r-1 H N ul W 0 o O00 Cg00c c)o O0000 0 0 0 0 0 0 0 W ® . . H 00C)0o Ln H 00 0Lnm ul %4aI -M H arrar�l Imp ,aHPa� w 0 I I M I 0 o Q I W H I iJ I W o � I W o � r r I 1 00 0 C2 1 0 0 0 1 co (n 1 1 1 1 1 1 t 1 1 1 I I I 1 i I I I 1 r I 0 � I � t 0 0 I ri -1 I I I r I I z ° I 10 H m I Q` C$4 Z7 I I 44 4-I H I H �I prftA i 0 U -40H h6 U I I I I i I H I � 10 H I 1 €.1 u] HUl H � 11 1 QQM4 m 4J I A a VI 'd O U 1mmm H 0 Qi O q 9I^ri 1 0 ul HV as VA 13 4J0 1€ V4 0 V 0M0 €ri44 a) ON H H E� 4 Atn H Ul � p C4 eej d 041 0000 31 r�i'd .G � A.� H M H � 00 NM N Q) 0J4 � U VJ ^� vuJrtal 13 i1 41 0 0 A 13 p 1 S4 -j b7 S4 M S O 4J 1-1 d 4.s W O 0xMMJJ Q) 1 H i7 sa 3i ;j �4Id �4 w A 04J 4a O Q7 1114 1.J O C11N 1J'd••iu .C"'.. 1 0 0 04-4 r1 O ej P44 4J V m R+0 �13* 1. [t5 N wu r Ow 1 C^ Ca VW MM VWM— 440 1 Ln Ln V.00 6J G A 07 m O 1 E -I rl ri Qi ,O 4J 4J O A �4 S4 `d rr H 4, 4200 SO 0 Iv ® vA A dJ d 1 1 O N N U ri H ^®i G O O Glc '� b," $4 JJ O U r -f rl V •rl O r4— ' dJ W m it 1 Sa �OdlQ1€J 1J t[n X64 UJ id r-. d O J -g do €4 iJ W 'd v W A d! 1 H OMVIM W 0W0J 0 W •M u] ®7 to QS W w * NOOA 0" p Page 192 of 678 V,W I I I ILI I I -1 I § I I m Page 193 0 878 7 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $1%000 Requesting If Course Contact Person - EEi2ppE- 'Explanation for Purchase: !The equipment being purchased is needed for maintenance of the new TifEagle greens recently installed on the Championship Course. The aerator is for use on the greens only t can be used for grooming the greens as well as bunkers. Recommended Vendor M Sod & Equipment Dollar Amount of Purchase $21,400.00 Source r Purchase (check and attach backup materials): Three Written Quotations GSA State Contract PRIDEIRESPECT SNAPS Sole o Piggy -Back u t Item Eme r ncy Purchase r Contract Number: NOTE: Pricing proposal be presented in the same detail contained within the contract. Fund Source forPurchase: 411-2911-572-63-01- Funds are from I c remaining from new greens project ( 1701) 'Approvals. t Head Purchasing Agrpt Page 194 of 678 WW SOD & EQUIPMENT CO 6201 SE 128TH AVE Okeechobee, FL 34974 661-662-1936 wopw Name The Links at Boynton Bosch GglenIlLar!d9raf Address 0 Box 310 Ci ty Boynton Beach State FL ZiP 33425 Phone i�- -JUN—ed2'OU Toro SP5040 Sandpro w/ rear tooth 1376 h , 1376 s 1 Used 2012 Toro 648 Po ore Aerator �824 hrs TIMM MLS -- Date LI/I 0/20,17 Order No. Rep -, FOB Unit Price TOTAL — —�—$ �.-40-0bd $ 13,000-00 Page 195 of 678 mffm�� www.cutteronline.corn-'uncategorized,4- :7-;l us comact HswEqWprpmt PreA)wnedEquipmnt Nuwpwb Used PwU SeMms About 11 mTtvx4es j3 To" r Is bwe- �",y Is ij"eEnil-e-, !A yr; x, ai. -DM5 7" TPb- EM Ml CA&L Span, mm KeVwords a �Rp , b L _r� E.,!;, , 52, 40 Lf'j F-0 P -,L 2011 Toro Sand Pro 5040 Bunker Rake Page 196 of 678 I ME I I Page 197 of 678 m 40 _b 4-b ZQ 0 N C, N I Page 198 of 678 F Tod 1,1:11611,11 Herm W.mI,,wrsNrd mmm JobsmfflUn� R—Em cceAmrt us vg�w kew 2005 I ProCore 648 mmum P&A Organizatlam F�rofessiona; Turf SprAces cwy, C01111 Statefflro-Ancw, New York Canta& Parsom Erk Phone- Itern Information Year, 2005 Make- Tmo Model: ProCcre, 648 Hours- IVII Condition. ExcallerA Commoits, nevy battwy, irines and lurt hold downs I BMW& 9 a deal seems wo good to E�� trup , a F=3bablyis. Reasp let us now of k -my mvmd WAUnQ1. SELIERS- mewme any affam W buy vAth Lmmual payawr4 meOwds, padicOady WWI ctw6m WOW tri file s", In pThm, wilt- trarwfo�. to Western Uniorl, w0c, Page 199 of 678 0' STATEMENT OF NEEM FORM Date Prepamd; 03111/1-6 _ gra p.jct Modification Division w t MIN 91'Q'" { �t z I of t Page 200 of 678 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON EACH BOULEVARD P.O. #: 171378 P.O. BOXB310 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 08/16/17 SHIP TO: TO: EMPIRE OFFICE City of Boynton each 2 OAKWOOD BLVD. EAST WATER PLANT SUITE 140 1620 S. SEACREST BLVD. HOLLYWOOD, FL 33020 BOYNTON BEACH, FL 33435 REOWSITION NO,, 69506 ORO RN DEPARTMENTUTIL II /HK DATE NEEDED-. BID NO. COMMISMON APPROVED: EXTENDED LI NE# QUANTITY UO M ITEM NO. AND DESCRIPTION UNIT COST COST 1 10.00 EA ELEMENT TASK CHAIR 152.5100 1525.10 2 3.00 EA E-MW8W4D0I-DUP.LEX.,O.U...TLET-LINE 1 9.7400 29.22 3 3.00 EA . H-MW8W4DO2b- 2 OUT PL-E,K 9.7400 29.22j 4 6.00 EA .4b 3� kk OUT. LE. -T. :3 E-mW8W -DUPL 9.7400 58.44 5 3.00 EA E-M'xq-W - ELECTRI CAL. PFiR 28.2600 84.78 6 3.00 EA 4:�'M.fW4--VTPC--2 l -'ELECT -RIC -AL JUMP R' 2.,9_8200 89.46 7 1.00 EA i� , -, ,,SW4BI--;. L -LH RE C---83��t Ct4 ::8000 68.80 B 1.00 F,A D W43 WAY .0. DEGREE 3 ....:.200 3.12 'RA - E WAY 9 6.00 Ea, :'Pi-.bVBS9Q 2 - WAY .90 X)ECREE BASE 18.7 2 WEWAY 10 6.00 EA. .'HA RD SURFACE P. M...L- POWERED 1'6.1900 1057.14 11 18.00 EA: P X)VFPPM15636-. HARD SURFACE PANEL i24.4100 2329.38 12 6.00 EA: P:--..-V:VSEOR. END OF:. RUN BASE RACEWAY 1 1.200 18.72 13 4.00 EA S4EDBBFJ24-13BF PtbESTAL-724D 0100 : 580.04 14 6.00 EA S'. -FF: PEDgSTAL-24D 1. bloo 870.06 15 12.00 EA �-:R]�CTANGUI-Ah- 2M'EDGE 741.36 16 6.00 EA W4 0 ...' "S liZHE DR. ws 4 3 6 B� RECT AR, -c A.R.. ........ .. 98.6200 591.72 17 3.00 EA . WPS - SSSAL REAR:: ttli-W-SUPPORT . 8.7700 26.31 BRACKET 18 3.00 EA WPS-SSSAR SID8/$Uj?.lj0RT:REAR 8.7700 26,31 BRACKET 19 12.00 EA WPS-UNCT24S-SHARED CANTILEVER 17.9300 215.16 h: Y PROCUREMENT SERVI :5 P.0,'TOTAL: ACCOUNT NO. PROJECT 401-2811-536.52-20 PURCHASING Page 201 of 678 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. #: 171378 P.O. BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 08/16/17 TO: EMPIRE OFFICE 2 OAKWOOD BLVD. SUITE 140 HOLLYWOOD, FL 33020 SHIP TO: City of Boynton Beach FAST WATER PLANT 1620 S. SEACREST BLVD. BOYNTON BEACH, FL 33435 REQUISITION NO. 69506 ORDERING DEPART MENTz UTIL ADMI141MK DATE NEEDED: BID 140COMMISSION APPROVED' LIN E# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST 20 1.00 FKA DELIVERY AND INSTALLATION PROCUREMENI SERVICES: . Ills I of �-I=11111110. w KIB cy-41-Aw 192-ILI --immErMy; 4.A I P.O.TOTAL.: PURCHASING Page 202 of 678 i° E 1 I 1 I 1 1 N N N ri r1 LA 1 ri h ri i7 I� P] h N v-1 I H r a f 4J R i 4t a .R i W Ln Ln a°^y Page 203 of 678 T 4 T W Ln Ln a°^y Page 203 of 678 Rs W G 7 C.1 H FF H in C) 0 o a% N W4 H D4 d 0 aH >4 N AI H H P4 FF E+ HCC L34 ;7 a 5 a w q ul W w E+ w w N ri r -I 6® O i0 0 m r M M H 0 O 0 ri ri to m uti u1 � r W 09 N N ri tT m O r Ln N ri m .. ;.* 04 0 N O ri O 0 b O 4 O O ® O o O 0 0 O li CD N r r M o O r- to r r sc o H 4 • . . Q . Of H I 'E -,w-: In R � UHP � N r H H HO I . . � . • • * • • o • ! ! ! ! .. Hog IC I UO ♦' U to STON um • 124 u m WER mum MOP mum Da u co a 0 O 0 0 O O 0 0 0 O O O O 0 1� N 10 M M N ri H H [w0 N N v m w 0 rl N N -' r d/ - 0 ui m m m d+ m m il N N N 1!1 O m ld Ln ri 0 0 O O 0 0 0 O 0 0 0 O 0 0 OO C' 0 0 Ci 0 0 0 0 0 0 0 0 11 H H H H -1 H ri ri r -I ri r-1 r-1 rd m m m m m m U r4�� H H H U0 0 0 0 0 0 O a= H N M tl' Ln w r H Page 204 of 678 F4 14 .. ;.* 04 0 no M 0 0 0 0 DQO • 0. 4 • . . Q . Of H I 'E -,w-: Up R � UHP � M r HO I . . � . • • * • • o • ! ! ! ! .. Hog IC I UO ♦' U to STON um • 124 u m WER mum MOP mum Da u co Ln w co m [w0 N N v m w 0 rl N N -' r d/ - 0 ui m m m d+ m m il N N N 1!1 O m ld Ln ri 0 0 O O 0 0 0 O 0 0 0 O 0 0 OO C' 0 0 Ci 0 0 0 0 0 0 0 0 11 H H H H -1 H ri ri r -I ri r-1 r-1 rd m m m m m m U r4�� H H H U0 0 0 0 0 0 O a= H N M tl' Ln w r H Page 204 of 678 w a H W a d N N tl+ OD l0 O N N 10 ao N v ri N N O H t- .--I m t. O m 01 w O N N N in o co W e1 th N H O L o M to O O O O o O o O Cl O O O (y O O o O 0 O O 6 O O O O ri 1 10 w N O N N 05 ri N ri Ln t`- N N m O � 6V t� dT M M l0 01 M ry Ln N N `O rd ri W W W W W W G O o O o O O O o O O O O O O o O o O O o O Ci o O O o C; M s! k0 v rC -1 r i■ Y■ n■ 8 ■} ■i a! •■ o ■■ ■! ■■ 0 40 01, ol 0 0 mo no D40 0 NO OND4 tD■ ■+ ■ r r w- r r ■ r ., r -. r ,r . r , w w nHxQ r ■ M0 , r.. IM . r r %40 - rr." ; r .� r zoo MR6 moo tFloo 0 moo C�00 r4OO r HOR M 11B I � HN IXIH PH Rm EZ02 H RRU EN RMIU2 Page 205 of 678 Date: 21 -Jul -17 Requesting Department: Utilities Contact Person: Howard Kerr, lRecommended Vendor Empire Office Dollar Amount of Purchase $10,558.00 [iicurce for Purchase —(cher-k and attach backup materials): 7-,Zr-I Three Written Quotations GSA S Contract PRIDEMESPECTtate SNPS A 17-1 Sole Source L—j Piggy -Back r I Budgeted Item Emergency Purchase L—j Other L --j Contract Number: 425-001-12-1 NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract - Fund Source for Purchase: Account #401-2811-536-&;�r Date 7-,Zr-I Date Date Date Page 206 of 678 H.T.E. ENIRY DATE: 712012017 ELTX. REQUISITION # 69506 Contract Coordinator HLK Pro t s: +s different deDartments includina our Utilities Department. Address: 2 Oakwood Blvd, Suite 14C Hollywood, Fl. 33020 Phone (contact): 954-789-4781 Nick Grennan 0= OTHER INFORMATION, Date: 07120/2017 DateNeeded: Lv- , i� �Sa a�� , SUBMITTED: Quotes/Verbal 11 Page 207 of 678 Pumping i } not s rite (x) E. WTP 41 W ever 0 Vendor Number. 12766 PWTreat. ( id Does. W. WTP2 Meter Serv. Sole Source Ltr. PIU 99 ISewage Insurance PeelI Instruo: e as eats: :Ap`PR:0VE:D: L trr r. Project u r. Unit rice esce puntn. 10 $470.00 Element TaskChair 401 2811 536 64 1,525.00 3 $50.00 1 -Duplex Outlet -Line 1 401 2811 536 6 $29.22 $50.00 - 4 2- le Cutlet -Lige 2 401 2811 536 6 1 $29.22 0.00 - 6 4 - ulOutlet-Line 3 401 2811 53 1 8.44 334.5 4 T Ci - Iecrlcal Jumper 401 11 53 16 $84.78 $197.24 - 4 T 21 -Electrical Jumper 401 2311 ::553:6=f64 L16 L $89.4 Page 207 of 678 1 $353.00 E-UN8W4BIFL-LHReceptacle 401 2811 536 I 64 $68.80 1 $16.0 - -3 Way 90 Degree401 2811 536 64 $3.12 Racewav -DVBSQO 2 -Way 90 Degree Base 401 2811 536 46 e 16.7 a a 04.00 lard Surface 401 2811 3 1 $1,057.14 1 664.00 - 3 - Hard Surface Panel 401 2811 536 64 16 $2,329.38 $16.00 - - rid Of Run Base Raceway 401 2811 536 64 1 L16 $18.72 744.0 J2 -Pedestal-2413 401 2811 536 64 1 $580.04 $744.00 - FJ24- ectal -2 1 2811 536 64 1 $870.06 1 317.00 W-WS2436-Rectangular-2rnm Edge 401 2811 636 6411 16 $741.36 $506.00 - 2 36 - ctillnear Corner 401 2811 536 641 16 $591.72 3 $45.00 WPS-SSSAL Side/Support Rear Bracket 401 2811 53 1 6.31 3 $45M -Side/Support ear Bracket 01 2611 5 1 6.31 1 , 0 WPS-UNCT24S-Shared Cantilever 401 2811 536 1 —;( $215.1 1 $2,195.00 Delivery end Installation 01 2 11 53 $2,195.00 Total $10,558M Page 208 of 678 IPT1170 F1 Quote Date - 07120/17 Customer PO # - CustwW214052 Terms - NET 30 Account Repress NICK GRENNANI Quote ACCOUNTS PAYABLE Customer ACCOUNTS PAYABLE PrGMftd TO CITY OF BOY TON BEACH Ship TO CITY OF BOYNTON BEACH 100 EAST BOYNTON EACH BLV. 100E T BOYNTON BEACH BLV. BOYNTON BEACH, FL 33425 BOYNTON BEACH, FL 33425 Phone 1.561.742.6060 Phone 1.561.742.6060 6 WORKSTATIONS AND 10 CHAIRS 1 4471 - Bolton Mid Back - Black Mash Back & Seat 'H1`4t�w�wd OREM 470.00 4,700.00 awkwed suite 140 396 Route, 6 & WR empire'N`yw�= fAffurAPA18337 M -02)W7_5500 PtLOW707-MO ft (212) r7-SSDD Skipped Option Fk� (212) 60MEWL0 rw (95A) 7"22 FA. C341) 6494M Tw�g� oflanijo ShOw0w R12 Vied Unchaugh Avervee 110 tfkma Sued 3 hdmdwJM &vWwDhi%W TmvqwFL33624 0&nd%FL3M1 AFFORDABLE Contact us today foryaw ratomfian nw&: Pk (65) 4]B -33M Ph -(407)628-2400 movmrvkes@empireoffice.com Fx: (013) -418-3301 ar. (407) 972-3991 IPT1170 F1 Quote Date - 07120/17 Customer PO # - CustwW214052 Terms - NET 30 Account Repress NICK GRENNANI Quote ACCOUNTS PAYABLE Customer ACCOUNTS PAYABLE PrGMftd TO CITY OF BOY TON BEACH Ship TO CITY OF BOYNTON BEACH 100 EAST BOYNTON EACH BLV. 100E T BOYNTON BEACH BLV. BOYNTON BEACH, FL 33425 BOYNTON BEACH, FL 33425 Phone 1.561.742.6060 Phone 1.561.742.6060 6 WORKSTATIONS AND 10 CHAIRS 1 4471 - Bolton Mid Back - Black Mash Back & Seat 10 470.00 4,700.00 Element Task Chair - Black Mesh Back /Upholstered Seat 152.51 67,55% Skipped Option AFFORDABLE 2 E-A*WW4D01 - Duplex Outlet - Line 1 3 50.00 150.00 AFFORDABLE 9.74 Tag For Ll 80.52% 3 E4f*VWMV- Duplex Outlet - Line 2 3 50.00 150-00 AFFORDABLE 9.74 Tag For L2 80.52% 4 E-AAWW4DX- Duplex Outlet - Line 3 6 50.00 300.00 AFFORDABLE 9.74 Tag For L3 80.52% 6 E-AMW4PMC18 -1" Electrical Jumper (Panel To Panel) 3 145.00 435.00 AFFORDABLE 28.26 Tag For ..................... ............... ............... ............... 80,51% .......... a E-AWW4PM=1- 21" Electrical Jumper (Extended Panel To 3 153.00 459.00 Panel) 29.82 AFFORDABLE 80,5136 Tag For ... ,, ............ ........................ 111111111 1 11111I .................. ................... ,.... ..... 7 ............... ................................ E-"W4WFL - LH Receptacle Mounted Bass I nfeed - 72L - 8 1 353.00 353.00 wire, 4 circuit 68.80 AFFORDABLE 80.51% Tag For LH BIF Prices will behold for 30 days but are subject to increase by rnanuffecturer. Roase be advised that this quote rray not include applicable sales and Lee tax. Quote authorizedbv: ACCEPTED BY: ----- — -------- - -- - ----------- A r Gaski�v_ - ent ires 0. T FIL E: — -------------------- _- Tp DA Page 209 of 678 C-pmb H-drpark- . HQAIYW�dsh�am 105 Madlnm Wh Floor 2 d ffaukdant SAP 140 New Ywk NY IOU16 Hodkwas4 R 3N2D Ph -,12123 6073500 PIE (954) 707MO Fx: (M 607-5-60 vP:054)7G7-fi2'22 Tw"aw"M odUWD SNWROW 5112V4adUrmbrwShAwnw 110miffestsbIest FL 24 Q&n4 R. SMI M 03) 418-3300 Irk (40716"00 ft: (03) 418 -SM F*! W) EMI -3m Avcax*rW&0Pd-N9PnxiW 3%RWte6fi209 QuotaUon - 96A 17 #AK6rJ,?AM37 AL tm &9-5500 Page 2 / 5 (oonfcQ 6; 047) ""M a P-DVMW- 3 -Way 90 Degree Base Raceway Shroud 1 16.00 16.00 Shroud - Metal Divider Option: 3.12 Shroud - Color Selection: 80.50% AFFORDABLE Tog For 3W 90 ............. "I'l""I'll""I'llIll"'"""',"""I ............... 9 ...... ................. ........... P-DVBSW- 2 -Way 90 Degree Base Raceway Shroud 6 16.00 96.00 Shroud - Metal Divider Opfion: 3.12 Shroud - Color Selection: 80.50% AFFORDABLE Tag For 2W 90 10 P-DVFPPAf8&W- Hard Surface Panel - Powered - 66H x 36W 6 904,00 5.424.00 Raceway Cover - Color Sekwdon: 176.19 Raceway - Metal Divider Option: 80.51% Fabric Side A. Fabdo Side B, Panel Trim Paint AFFORDABLE Tag For 6636 F 11 P-DVFRPAMWS- Hard Surface Panel - Non Powered - 66H x 18 664.00 11,952.00 36W 129.41 Raceway - Metal Divider OpUon: 80.51% Raceway Cover - Color Selection: Fabric Side k - Fabric Side B: Panel Trim Paint AFFORDABLE Tag For 6636 F 12 P-DVSEOR- End of Run Base Raceway Shroud 6 16.00 96.00 Shroud - Color Selection: 3.12 AFFORDABLE 80-50% Tag For EC ............................................. 1-1-1111--l-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1 .......... ...................... ........... 13 ................. 1-1-1-1-1-1-1 ........... &-PEDff8F"- BBF Pedestal - 24D 4 744.00 2,976.00 Paint Selection: 145.01 AFFORDABLE 80.51% Tag For BBF/24 Riceswilf behold for 30 days but are subled to increase by manufacturer. Please be sdved that this quote may not include applicable sales and use tax. Quoto auti-rofized bw ACC EPTED BY- — — -.r ---------------------- ----- — ------ A r Ga ire ITFL --------- - -------- Page 210 of 678 14 capamteme"quNkm Hd*wmd 9� Accowdin & Oaiir ft�ing Quotation - 969447 Point Selection: 1Q5MP&mA.9hLw,effiF1w 2W�dbnkantsultel4o 396 Pan& 6 & 209 AFFORDABLE empire office r4SwY&tWMMfi Wlywawt FU 3302D ffillanA PA IM37 Page(confd) 607-550) Ph: (954) 707-620D Ph: 02) 607 -MOO 317.00 Emplm Me, Im - UL IM F� QU W'Un Fx (W) 64"ISa wwwmwkVGU1MwM bffpeq� odwdasf�� Girommet of Option - Rectangular Tops, SMWisitimbaughAvanm 1J0F1kmt5trad Laminate Selection: Taw4xL F1 33624 Otb��n3mol Cuntad us Wdq Foryaw MocsUan nands: Ph: UM) 410-3300 Pfr (407) 62B -24W 16 W-KW24"- Rectilinear Comer - 2mm Edge - 24D x 36W Fx: (EW 410 -MM rw.(407)872-3991 2mm Edge Selection: 14 S-PEWFJ24- FF Pedestal - 24D 6 744.00 Point Selection: 145.01 AFFORDABLE 80.51% Tag For FF/24 15 W-kV&MW- Rectangular - 2mm Edge - 24D x 36W 12 317.00 2mm Edge Selection: 61.78 EDGE: 2mm Grade A 80.51% Girommet of Option - Rectangular Tops, Laminate Selection: AFFORDABLE Tag For 24/36/2M 16 W-KW24"- Rectilinear Comer - 2mm Edge - 24D x 36W 6 506.00 2mm Edge Selection: 98.62 EDGE. 2mm Grade A 80.51% Grommet Hole Option - Corner Tops: Laminate Selection: AFFORDABLE Tag For 24136M 17 WMSSSU - Side/Support Rear Bracket - Left 3 45.00 Paint Sakiction: 8.77 AFFORDABLE 80.51% Tag For Sc is l0W&8SS4R- Side/Support Rear Bracket - Right 3 45.00 Paint Selection: B.77 AFFORDABLE 80.51% '75ag For SC 19 WSLUAWNS- Shared Cantilever - Single - 24D 12 92.00 Pairk Selection, 17.93 AFFORDABLE 80.51% Tag For SH -CTL -24 .................. ............ 20 .............................. - I ............................... ..................... .......................... LW- DELIVERY AND INSTALLATION, INCLUDES STAIR CARRY 1 0.00 NORMAL BUSINESS HOURS 2,195-00 EMPIRE OFF 0.00% Quotaffon Totals Sub Total Low 73A6% 0.00 Prices w ill be held for 30 days but are subject to increase by manufacturer. Reese be advised that this quote may not include applicable sales and Lee taw, Quota authorized by: ACCEPTLD errpFdaski;� Fit ire TITTE LE: . . ......... ....................... — 0 51 �ce ....................................... M Page 211 of 678 rr, CWPWAO H -*Me- Awm*4ftfiDFdffftMwft Quotation - 969417 0% IO5,MWIwnAwM%1MhrM Wfiften6&20 empire 07TIC= NgwvbrkNVWM6 HdV".AFL33sW nhrdPA15337 Pop 416 (Cadd) PkMW607-SM M 054) 707-6= Ph: (M 6w-Sw EMPiSOMMInc.-ftLIM VA: (M 6W-500 6 fill (am) 707-= fic, (071 "94M wwwArwirmwicamm Unasm"M ..e rad. Sl12~LIMbMOAwWe 110113cratshad hdraduciocurAhw0kisim' Tsffpt FL 336M Od&rHKFLBZM Contet LE today far yaw FdOMUM me&: Ph: (M) 418-33W Pk- rAM WB -24M Fk(619)419-MM Fk: (407) 872 -n -A OR BW of QUIDW&M Prices w ill be held for 30 days but are subject to increase by rrorudecturer. Please be advised thet mis quote rnoy not include epWftable asks and Lee UK. Clucto authorized by �gr Gwsjk�w- - ant ACCEPTBD BY� ce ire T rrL F--: DATE_ Page 212 of 678 Empire Office Standard Taffne & Conditions of Sale Rinli o isii;u I ip�Q I ""I INU 9 91T�'1'4 ww 1 is AAA Ii 1111111111,10,111 1111HIIIIIII 111111111111111� III "I'll 111111111111111111111111 FV 71W, ----------- — — ------------- 11 Please be advised that this c*jote may not include applicable sales and Les, tax - is ACCIEFFED BY-� Page 213 of 678 CMp"tem"Auxim Hollywood ffi� AccmKdIrC&0Ww Pmmwirtg QuoWtion - 969417 *5 Madimm A,*auk 15th F1wr 2Mkwwd&--Aw24SLftBM0 3%RDL"6&209 empire office NMWY&kUVMGj6 WVwit A. 330 ,1 KNOtA FA 10337 D0 Page a*m OffiI 1I - FA IM 607-5500 fx; (212) 607-5650 r. Fx�(954)707-&M Ph:(A2)607-% N, (347) 649-933 www.emplimMmAmn Tw" Wwma� odwNbsbMwn 5MV*dUnsb3ughA"n� 110KNI 'Whwdv6V ow Alm MI Twnpk% In. 33624 Orbn&6 FL 32601 Z:ontaLl us today foryow relDwrPon nwds� Pk MU) 416-3300V.400 TwftwrViIGMQffxorn4IS-33M Fx(407)M-3991 Empire Office Standard Taffne & Conditions of Sale Rinli o isii;u I ip�Q I ""I INU 9 91T�'1'4 ww 1 is AAA Ii 1111111111,10,111 1111HIIIIIII 111111111111111� III "I'll 111111111111111111111111 FV 71W, ----------- — — ------------- 11 Please be advised that this c*jote may not include applicable sales and Les, tax - is ACCIEFFED BY-� Page 213 of 678 r r r ! ! Account Code: d'Nk`1ua�.i"YAtwNR819R819Rf5k�4F,�.a`tS"�'Sn\GlikAlfw9A'�fi9A�fi9A�fi9A�R�rJJ1@4NWkYdA.sd',TvelONnkfi4€IY�WSN'F,�Y?fiin'rtP tu1W�14i:5cc�SRL5vfift4R.€�@f'�GM" A�'1`"MA'�fa"W".�Al\M'�SPsnM1'Wafi�4�.�tls_.�.a`ket�A"3R.�wfiF€.+W&nRYR�tldAIu:MPUYe':?«A^+dm'b"9R819R819R819AN�.roFtuA4N 3z',§p,+uii4:.I:.��ihnndx�:lbx-�:tP4'.5m'-wL«xi��k':4utglw:3h,�'.%L�:-2't:NNi�rv'�i�-"��Wa-i.��.G�iAttrs2.tkir,En�.:z:�£�-£�_£�-�£�£�_£�-£?'Fw.'F?-vi�.'N�:+b'L-�n�-� FM%u'rv':.;�.\�?f>�£�£�£G..n'LxiYJ ��.«?.'.:'i'i'&Y.l#F6hNn�£�£�£�$d z��»�»�.-E..s.�rv;✓.«`��'��£—::��r-»�»�.Gu�a Discounting for Compete and Compete Plus 1 3 1 Price List: 2016 AIS Price Usts To receive the same discount for add-on orders as the original project, add-on order must be placed 30 days from original ship date. For all add-on orders under $30,ODD list, If add-on discount Is allowed, freight is additional and will be billed at actual freight cost. Applies for one additional order within the 30 -day period. orders. Account must be in good standing, and have no past due balance for purchase order Admin Fee: Not applicable SPIF SPIF must be applied for online in the DealerNet SPIF center. SPIFs must be claimed prior to the order shipping. SPIF will be paid one the order has been paid and the dealer's account Is current. PI]r,771 • • • 0 Page 215 of 678 CD CD Q D C CL 81 M rill m I A I m I • r. rill m I A I m I • rill m I A I m I ■ DepartmentFurniture: Office and Files / State Term Contracts / State Contracts and Agreements / Ven... age I of 3 of Management Services • -Jorida Deoartryient of Management Services > Business 012erations > State lafQrmation > State Cont[pqts Enents > State Term Contraiqts > Furniture: office and Files * Furniture: Office and Files425-001-12-1 Effective 03/02/2012 through • - +; I; Description This state term contract includes for the purchase of office and conference/public area furniture, including lateral and vertical steel files, dispatch/911 furniture, conference or training tables, mail processing furniture, conference or training chairs, map files, storage and presentation accessories, reception desks, single and multiple seating units, sofas and loveseats (public areas), and occasional tables. Fireproof files, Benefits • Discounts of 45 to 78 percent off of list .rice (MSRP) for each contractor, with average discount 4 62 MI' rcent • Additional discounts are negotiable for large quantity orders and one time delivery of large single orders • 90 -day delivery time (some Quick Ship) • Delivery can be based on GSA terms • Statewide coverage m i Manufacturersover r approved • dealers. Certifiedminority vendorsavailable. Toll-free• .customerrepresentatives I- productselection with over r r M 1 1 items on contract.iM options ,■ Dedicated contractor ' I prices, discounts, dealers,I LEED green I. ucts/environ mental information http://www.dms.myflorida.com[business_operations/statepurchasing/vendor information/..P ,�3Df 678 Contract,; Q., L— information How to Use this ContraLt Freauently Asked..Qjlegtjong Contract Microsoft I I �....... • Documents Amendments a ■ Memorandums Contract Administratio I 410-0978 Cindy.Ngwsome. dms.mvflorida.coM 425-650, 425-100, 425-110, 425-120, 425-140, 425-510, 425-060, 425-050, 425-770, 425-070, 425-240, 425-300, 425-020, 425-030, 425-040, 425-090, 90 10 425-630, it ! !i••4� ! y i . i is ! l.. 421-900, r r • 46 11 e . ■ Codes a ay • • • I. • l • i • • 1 1 • ^ i r • i101715, UNSPSC-56111501, UNSPSC-56111600, i 0 0 UNSPSC-56121800 Description This state term contract includes for the purchase of office and conference/public area furniture, including lateral and vertical steel files, dispatch/911 furniture, conference or training tables, mail processing furniture, conference or training chairs, map files, storage and presentation accessories, reception desks, single and multiple seating units, sofas and loveseats (public areas), and occasional tables. Fireproof files, Benefits • Discounts of 45 to 78 percent off of list .rice (MSRP) for each contractor, with average discount 4 62 MI' rcent • Additional discounts are negotiable for large quantity orders and one time delivery of large single orders • 90 -day delivery time (some Quick Ship) • Delivery can be based on GSA terms • Statewide coverage m i Manufacturersover r approved • dealers. Certifiedminority vendorsavailable. Toll-free• .customerrepresentatives I- productselection with over r r M 1 1 items on contract.iM options ,■ Dedicated contractor ' I prices, discounts, dealers,I LEED green I. ucts/environ mental information http://www.dms.myflorida.com[business_operations/statepurchasing/vendor information/..P ,�3Df 678 PURCAASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.C. #: 171399 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 08/31/17 SHIP TO: TO: TYCO INTEGRATED SECURITY City of Boynton Beach TYCO FIRE & SECURITY MGMT JOHN DENSON POOL 6931 VISTA PARKWAY N. #16 225 NW 12TH AVENUE WEST PALM BEACH, FL 33411 BON BEACH, FL 33435 EXTENDED LINE# QUANTITY UOM ITEM O. AND DESCRIPTION UNIT COST COST 1 6,00 EA VIDEO SURVEILLANCE SYSTEM FOR 323.9100 1943.46 DENSON POOL: ILLUSTRA ESSENTIALS 2MP BULLET, 2.8-12MM, OUTDOOR,.... NONVANDAL, 0H ITE, �:. TDN. W/ IR W. VENDOR IT NO..-. TES02B.IBNWIYA 2 1.00 EA HVR, $; $,P, 2 TB D'ESKWp: .0 4080.7700 4080,77 VENDOR:ITEM:NO.- 0804-02T.O 3 400.00 EA 24-4.RUTP-CMP :SOL BC CATSE ..... ,3000 120.00 LSPVc x: R 6:0 OVT.'BONONBOND9D PA .1 .. . ....... VENDOR IT: 'NO. -..:;7105369WTA 4 600.00 24-APUTP-CMP SOL BQ: ZAT-5E 180.00 FRPQ/FEP/"`:FRLSPV..'C WHITE 5:00FT BOX'. NONBONDED:` PAIR. VENDOR ITEM NO.- 710536EWTA 5 1.00 EA 17"'LCD 1280XI024®: HDMI, VGA, 276....4§60 276.49 :Y/.C, 2 IN W/Loop AUDIO, 3D CP & DI, HARD G. VENDOR ITEM NO.- A.DLCD17MP1.3 6 2.00 EA :SINGLE IP CAMERA LICENSE 151.2300 306.46 VENDOR ITEM NO.- EVIP-01 7 250.00 EA CONDUIT 1.2900 322,50 VENDOR ITEM NO. - LOCAL. a 357.14 DL MISCELLANEOUS MATERIALS 1.0000 357.14 (EMT/FLEX, OX: FITTINGS, BOX TAMPERS, ETC). VENDOR ITEM NO.- MIC 9 4242.00 DL INSTALLATION LASOR, PROGRl.kMMING 1.0000 4242.00 TESTING PIGGY13ACK NJPA CONTRACT #031913 -TIS. ------------------------------------------ — ------------------------ PROCUREMENT SEWC 7-137a P.O. TOTAL: -------------------------------------------- ACCOUNT NO. PROJECT 172-2712-572.64-02 — ----------- – — — -------------------- - ------ PURCHASING Page 218 of 678 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOY pl�ON BEACH BOULEVARD 0 Box 310 P.O. #: 171399 BOYNTON BEACH, FLORIDA a.' 08/31/17 SHIP TO: TO: TYCO INTEGRATED SECURITY City of Boynton each TYCO FIRE & SECURITY MGMT JOHN DENS ON POOL 6931 VISTA PARKWAY N. #16 225 NW 12TH AVENUE WEST PALM BEACH, FL 33411 BOYNTON BEACH, FL 33435 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION ITC COST WTOW-IM"AUFAW-1 PROCUREMENT SERWCES� ACCOUNT NO. PROJECT 172-2712-572.64-02 I P.O. TOTAL- 11828. 2 PURCHASING Page 219 of 678 D14 0 H I 0 1st a 0 M Ab 0 w r4 CR 0 .4 A N m m m N 0 n m 0 -4 -P rq H r4 H r4 H rf • rh I E-8 10 u 1 RI ca I z Hra t, a% m 0 9 9 ES m C) 0 N 0 H 0 d 0 X 10 ca LA m tj • E. H m C4 H Do Y, ca m m • I 0 1st a 0 M Ab 0 w r4 CR 0 .4 A N m m m N 0 n m 0 -4 -P rq H r4 H r4 H rf 10 u 1 RI z r19 1 10 0 tj • I 0 1st a 0 M Ab 0 w r4 CR 0 .4 A N m m m N 0 n m 0 -4 -P rq H r4 H r4 H rf N m v m w 11 w 0 I •I I I I Page 220 of 678 10 u 1 RI z 10 0 tj N m v m w 11 w 0 I •I I I I Page 220 of 678 • N m v m w 11 w 0 I •I I I I Page 220 of 678 Page 221 of 678 H w1 N r) m I 04 0 W W �4 0 1 m m CQ M Ln Ln U Z0 0 H U V2 P� cc H 0 H H 0 H H n H 0 0 05 W H z1 1 r- a 0 d1 v Ln 1.4 co fx No F'3 H I m 17 C? 0 UC w Go N M r, (D rq Ln 0 H r1 N fn m m N co W 0 ri 0 0 P, W z 0 F, H CD C3 0 0 0 U) W U HM 1 0 0 0 C) C] 0 0 Cl 0 'A Z w 0 I H r- 0 0 Rt m m 0 0 N E-4 U m r-- m rn tl1 N rq a 0 m z i 0 H MW N 00 r- Ln 0 0 0 1 (n 0 N Hz 0 N u 1 0 0 Ln >1 wCY 0 ul i N w C3 0 H D4 W H I 0 0 0 0 0 d O H 0 H a, � H P4 .. H H I W H C; CJ N 0 M 4 0 0 0 Ln Ln H Q I dd ilo N HO Z 0 0 04 N N CY W W > 04 0 0 H H 0 M8 �D En M I 0 H H U E-! 0 1z 0 E - P4 U) P4 V) I > -Ta P4 p 0 M W u N z 0 1-1 z 104 cq C4 r4 F-4 r., r o W MM -- mW MW cv Mw Mw MW m MW w ul N m M p P4 MH m MH MH MH MH M M p r J, , N M w M w W M m w M W ca N to m ca - Wm H M 1 Z N U�H >4 R, U>4 FT4 U:�4 U Q �%q U�H u �4 x u >4 p U;�� I N ca K m 9 m -- < m -- �4 0 4 0 0 >4 04 A w 04 LS W 66 w 1.8 w law rYr Ls N Z H P4 1 0 P7 Pf U P' 04 U N 04 04 u D14 Pi u 04 u u 04N I- U F, N H x m H N 0 . N � H H m H N m H �) Po- 2: m OIA m OF� m •DO tD CRO �D F�l OG -1 cyq W D — 0,4 �D Ol 14 0 w N w H wl W H pxmH WH WNH W H N H 0 w H 0 0 P r� ca w H 64Z H m 6 Hn W e�® m M W 0 Z> 0 g u Z� H m ME > ?+NCO 8H5 wz> no OE > 96 Z> Q 0 zz WOE ri 4 O� H H a4 OW4 H:D z 0 1 M M H M ril HN -MM UTH�D MQMUI U I H9 M Q [a W mm MUS H FD H m ca H Mm P4 m U3 H CMM W m m H m H NH w H - ." .0H>O �l H >0 H >0 W H H—>O 0 MH m�>o U W PS �z wN,Nww U�->o pp}ln Hr mw N.4 q om>o Ozww M040 op>o ogww m on Nnww 0 AM WW 9 Fl M Wm Fq Q �uwm HW P m < u co EMM 0 Fl 0 ZHDIH M H mmH mwH 14 Q$ w H wwH DQ H W W H Fl 14 9 W w FA 'AWIP> 1p> N Z E� > P4 Z J, XNP> H > > M > -a M H �> Hill :9 0 zo 0 A Z FD rn 1 m 0 z 1 Mul H.. - UZ - uz co (i Orn 0 z CN -q 0 1 >W ->4n -4, >4 n 1 >W I >In N >4n >4r3 940 W rX >1 Q H in zH 0 H� El : �po HY6 WHO 04 X H 0 POHX a48PO HOHX H 0 H 0 MH E 0440 HH E PO HE W F, 0 DaHZ N u PO WHE H P4 1 2 r Im z �HX " �8 Q �D " 2� �D " Q 2 Q Q:E HFA M 9N p Q:E H 0 H E--� 00 mOO u 00 NPEU 00 MHEU u 00 90mu 022 0 H 00 �)Eu �8xo N zu >AP4 000 zu H 4 �x u: om xU 9m Em VNM R4 E HN rIEU 0H zo p CH H 29 F� 0 M m 0 �D 100 T 00 � po zo ZO�D MXO„D m CP4 Ho N I H140UM mD UM qOUM d'OUM tl-UM HUM OUM HOUM Z HX MUM Q I GHz N Ln N Ln _i2cri U H P4 N W H Fel �4zwl I H cq m v LO W r- m H M F4 z Page 221 of 678 Requesting Department. Contact Person: Explanation for Purchase: FO- e ��slj C -Al � Q lir ISource for Pumdhase (check and attach backup materials): OM= I Page 222 of 678 tq a Integrated Secuifty Raturn Purchase Order & Proposal to the Local Account Manager, Thank you! City of Boynton Beach 225 NW 12th Avenue Boynton Beach FL 33435 NJPA Member #21407 TycolS Local Account Mgr. Nathan Galin Local Account Mgr Phone: 11.561-07-305 Local Account Mgr Email: nanlinOrlyco.corn SME: Steve Myers 901-214-2106 Email. skmyers@lyco.com Proposal ..08108117 Proposal Name: John Denson Pool Cameras Compass EstimateM 1-3EOM980 ProDosal of : 11106117 installation Charges: Authorized NJPA Schedule Price Quote VP p .h Lit,�-._SLG Sales Supp ,a NJPA Schedule Products $6,907.18 NJPA installation Labor $4,242.00 Sourced Goods $679.64 Annul rvicesO ons: NJPA 2nd Year - Optional Annual Maintenance Charges (One -Year warranty on Item Equipment and Labor was included for first year) Annual Service Charge Summary. $1,165.63 Note #1. Rates assume that neither the Davis Bacon Act ("DBA), nor �any other Prevailing Wage Actt appi eq. If this Is Incorrect, please advise In writing before submittal of the purchase order and provide he applicable wage determination and we wilt provide a revleed quote. .,., .+ Aote *3: Customer to provide Power and Telco Communications. -4ote *4. Please Include NJPA Contract Number 031913 -TIS on your Purchase Order 61 &J OL•CAMS-MT#j- Bao A Contract 1913 -TIS hmm and condiffans apply to this I nf2 Page 223 of 678 City of Boynton Beach 'NALWARDEP CCD" TR A C7 6 I021NIYA ILLUSTRA ESSENTIALS 2MP BULLET, 2.8-12MM, $323.91 $1,943.46 OUTDOOR, NONVANDAL, WHITE, TDN WAR, 0-02T-DTL HVR, 8AN641P, 2 TB, DESKTOP $4,080.77 $4,080.77 400 7106 TA 24-4P UTP -CMP SOL BC CAT5E FRPO/FEP/FRLSPVC $0.30 $120.00 WHITE 50OFT I 600 710536 TA 24-4P UTP-CMIP SOL BC CAT5E F / IF LS VC $0.30 $180.00 WHITE 60OFT BOX NONBONDED-PAIR 1 ADLCD17MPB 17" LCD 1280x1024, HDMI, VGA, YIC, 2xBNC I $276.49 $276.49 loop, Audio, 3D CIF & DI, Hard 2 VI -01 SINGLE IP CAMERA LICENSE $153.23 $306.46 Installation Labor, Programming and Testing $4,242.00 Total $11, B28.82 CITYBB-JPPOOL-r-AMS-EST#1-3EDLIDBO NJPA Contract 1895 -TIS DCJS l-7575 6!8!2017 terms and conditions y to this purcham 202 Page 224 of 678 From: Majors, Wally Sent: Monday, August 07, 2017 2:07 PM To: LaVerfiere, Lori Cc: Howard, Tim Subject: FW: JOHN DENSON POOL - 8 -CHANNEL NVR WITH 4 & 6 CAMERAS Attachments: JSIMPLE PROPOSAL ohn Denson Pool - 4 & 6 CAMERA PROPOSAL.cloc; JOHN DENSON POOL V41TH 4 OUTDOOR CAMERAS - AGREEMENT.pdf, MAP - JOHN DENSON POOL - 4CAMERAS.pdf; JOHN DENSON POOL WITH 6 OUTDOOR CAMERAS - AGREEMENT.pdf, MAP - JOHN DENSON POOL - 6 CAMERAS.pdf Lori, ra solution allows us to not only monitor the pooL QAWR�A�,,tl but also the front (parking lot side). If this looks ok, I'll get with them regarding the Wally Majors Director Recreation & Parks, Administration City of Boynton Beach 125 S.E. 2nd Ave. I Boynton Beach, Florida 33435 f%w* 561-742-6255 1 Q 561-742-6238 F" MajorsW@bbfl.us 1 Q http://www.boynton-beach.org/ VIA - I &c, L i I RI�Lxnton 660ch, AnqLcoffes,-Pondence to me via email may be subject to clisclosure.Under Florida records law, email addresses are public records. Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. From: Solomon, Doug Sent: Monday, August 07, 2017 1:52 PM To: Majors, Wally Subject: FW; JOHN DENSON POOL - 8 -CHANNEL NVR WrTH 4 & 6 CAMERAS Attached are the proposals. The pricing is in the Word document. The only thing that would need to be changed is the proposal, they have the Video Recorder being installed at the Pool Building. I already responded and told them I wanted it installed at the Sara Sims Center, as that is more secure. Page 225 of 678 # I I I OEEM��=M lot V I MINNIE I I I � I I I �I� I � I 111 11 1 11 1 11 1 I e i far ridam ............ ;t. as well as maos of Q a -- .......... 7-3177-=- # Doug Solomon Technical Services Manager 561.742.6171 solomand0bbfl.us From: Galin, Nathan [mailto:ngalin@tvco.coml Sent: Monday, August 07, 2017 1:39 PM To: Solomon, Doug <Solomon D@ bbfl.us> Subject: JOHN DENSON POOL - B -CHANNEL NVR WITH 4 & 6 CAMERAS Hi Doug, It was a pleasure meeting with you this morning. I have attached the proposal for the 4 and 6 cameras with the 8 -channel — 2Tb Hybrid NVR. max S!x-C'?XMr'4- -!-' �� use my upper management DOA (directive of authority) to get the 4 -camera proposal under the $10,000 budget you asked for. I continued to use his DOA for the six cameras so you will have the same margin savings for both. The color bullet cameras are the same AD cameras you have outside at the police station. Four 113 licenses come with the hybrid NVR at no additional costs. We also are going to install a 17" LCD Color Monitor at the reception desk therefore allowing the person in charge to have a continuous viewing of the live activity in the event that something should happen when the pool is open. Please review both agreements and the proposal and sign the first and last pages of whichever you wish to move forward with. I will then expedite everything for you. T ww' i i IM M, T =7 Nathan Galin I Commercial Senior Account Executive I Tyco Integrated Security Tel: +1.561-207-3535+1.612.2269329 440 Columbia Drive, West Palm Beach, FL. 334091 USA Ingalin0-tyco.com I www.ty�gois.com Johnson Controls ItIqlac /ff tegrated Secufix-y Page 226 of 678 This e-mail contains privileged and confidential information intended for the use of the addressees named above. if you are not the intended recipient of this e F Al".x.,' on in respect of any 'Information contained in it. if you have received this e-mail in error, please notify the sender immediately by e-mail and immediately destroy this e-mail and its attachments. Page 227 of 678 Security Integrated i i i 1 1 P � s 4 w111 liq 1111IF11{, This •Integrated Security Proposal "Proposal") # # proprietary i business ntial informationandmay not besharedwith third parties withoutprior written consentof #'Tyco'sprovision of -equipment, systems,and/or services described in this Proposal is expressly conditioned upon Company's acceptance of the terms #conditionsof -standard #IntegratedSecurity+ COMMERCIAL TERMS AND CONDITIONS posted on htt2:/Awmw.tycois.com/standardtandc. The system design and specified equipment i to final approvalby # department or other authority having jurisdiction. This Proposal is valid for a period of sixty (60) days from ihe above date and any deletions or additions to this Proposal may result in changes to the pricing and/or # conditions. Nathan Galin Tyco integrated Security Phone 561-207-3535 02015rights reserved. Tyco, the Tyco logo4' product 79Y.MADT-Oftialm City of Boynton Bea 225 NW 12th. Aven Boynton Beach, FL 33 Thank you for allowing Tyco Integrated Security (Tyco) the opportunity to provide City of Boynton Beach with our proposal for City of Boynton Beach - John Denson Pool - CCTV. As an industry leader, Tyco's desire is to bring experience, industry insight and value to our customers by providing solutions that deliver lasting results while help keeping risk to a minimum. Your business is our business and helping to reduce your losses while improving operations means Tyco is consistently evaluating your issues and needs. Tyco provides integrated security solutions to businesses like yours throughout the world. In North America, Tyco maintains over 200 full-service brick and mortar offices, staffed by more than 10,000 company -trained employees, including over 3,700 service personnel. With unparalleled presence across the U.S., Tyco service and installation teams are specially irained and focused on our technology offerings. We are proud of our history, financial strength and depth and breadth of services we offer 2nd I look forward to discussing our proposal with you and showing you why Tyco is the premier leader in the electronic security industry. I offer you my personal commitment to help ensure Tyco meets your business needs. Mathan Galin 6;-# flnolt*:i- Page 2 of 8 0 TYCO 2015. ALL RIGHTS RESERVED Page 229 of 678 tqSecurity City of Boynton Beach 225 NW 12th. Avenue Boynton Beach, FL 33435 Estimate Name: City of Boynton Beach - John Denson Pool - CCTV SCOPE OF WORK FOR City of Boynton Beach — Hybrid 8 -channel NVR with ,f outdoor color bullet cameras This proposal presented by Tyco is being provided at the request of City of Boynton Beach to successfully meet the specifications of the City of Boynton Beach - John Denson Pool - CCTV Project at the 225 NW 12th. Avenue, Boynton Beach, FL 33435 location. We propose to install and maintain a Video system which will consist of the following: Contact Information: Doug Solomon - 561-742-6171 Nathan Galin - 612-226-9329 System Operation: Tyco installers will be installing (4) outdoor bullet Color (IR) Infra -red wide dynamic range cameras at the John Denson Pool as shown on the map. Camera 1 - viewing the parking lot area Camera 2 - Viewing North along the pavement next to the pool and SW of the pool area. Camera 3 - Viewing South along the pavement next to the pool and SE of the pool area. Camera 4 - Viewing the North entrance gate area and the North pavement area of the pool area The PVC will be running outside under the overhang. We will be adding (1) 8 -channel - 2Tb. hybrid NVR which will be installed in the network room in the clubhouse, We will also be installing (1) 17 LCD Color Monitor at the reception desk in addition to attempt to add the existing analog dome camera presently installed from the ceiling at the front desk. Tyco installers will connect the system through their network at the pool location. Personnel at the Boynton Beach Police Department will be able to retrieve the video on their laptops and will also be able to be seen remotely on their smart phones or I -pads. All cameras will be focused and f• 1 Ofps in active mode. All cameras will be placed on motion only status. Programming Info: Tyco installers will program the cameras on the Exacq 8 -channel NVIR and focus all cameras. Tyco installers will set the cameras to 1 Dfps when camera is active. Site Conditions: Existing construction. The cameras will be located outside of the clubhouse at the community pool to view the pool area.and the parking lot. We are installing the 17" LCD Monitor at the reception desk to minimize reaction time should an incident occur at the pool. T 717677 7-70-7, - Page 3 of 8 0 TYCO 2015. ALL RIGHTS RESERVED Page 230 of 678 City of Boynton Beach 225 NW 12th. Avenue Boynton Beach, FL 33435 Integrated Security Customer Customer would like to have this completed as soon as possible as Expectations: they are under a time and budget timeline. Training Expectations: Tyco installers will train customer on all aspects of viewing, saving, archiving and burning CD for prosecution and/or insurance purposes. General Comments: No permits needed. Customer Customer will need a Static IP address, Network Drop and Gateway at Responsibilities / Tyco the pool. Customer will allow Tyco installers the space and time to Exclusions: complete the installation. Page 4 of 8 0 TYCO 2015. ALL RIGHTS RESERVED Page 231 of 678 1111111�,�l 111111!1 1114%;i4gill tip ul a Installation Investment Package: $9,972.33 Total Monthly Payment Including Preferred Services: $ 136.67/mon*L,, TYCO INTEGRATED SECURITY CO Page 5 of 8 Page 232 of 678 I" M Closed Circult Telev s on PROVIDED Maintenance Quality Service Plan PROVIDED lES01B1BNW A 0804-02T-DTL HVR, BAN641P, 2 TB, �DESKTOP Conduit Programming Labor Adjustments 2 man rule and wall penetrations through concrete walls Miscellaneous Hardware Outdoor Boxes ADLCD17MPB 1111111�,�l 111111!1 1114%;i4gill tip ul a Installation Investment Package: $9,972.33 Total Monthly Payment Including Preferred Services: $ 136.67/mon*L,, TYCO INTEGRATED SECURITY CO Page 5 of 8 Page 232 of 678 Integrated Security City of Boynton Beach 225 NW 12th. Avenue Boynton Beach, FL 33435 SCOPE OF WORK FOR City of Boynton Beach .- Hybrid 8 -channel NVR with 6 outdoor color bullet cameras This proposal presented by Tyco is being provided at the request of City of Boynton Beach to successfully meet the specifications of the City of Boynton Beach - John Denson Pool - 6 cams. Project at the 225 NW 12th. Avenue, Boynton Beach, FL 33435 location. r mlm M1, �r System Operation: Tyco installers will be installing (6) outdoor bullet Color (IR) Infra- red wide dynamic range cameras at the John Denson Pool as shown on the map. Camera 1 - viewing the parking lot area Camera 2 - Viewing North along the pavement next to the pool and SW of the pool area. Camera 3 - Viewing South along the pavement next to the pool ani, SE of the pool area. Camera 4 - Viewing the North entrance gate area and the North pavement area of the pool area, Camera 5 - Located on the South side of the building viewing the East walkway to the pool and side of the building. Camera 6 - Located on the North side of the building viewing East walkway to the pool and side of the building. The PVC will be running outside under the overhang. We will be adding the 8 -channel - 2Tb. hybrid NVR which will be installed in the network room in the clubhouse. We will also be installing (1) 17" LCD Color Monitor at the reception desk in addition to attempt to add the existing analog dome camera presently installed from the ceiling at the front desk. Tyco installer's will connect the system through their network at the pool location. retrieve the video on their laptops and will also be able to be seen remotely on their smart phones or I -pads. All cameras will be focused and set to 1 Gfps in active mode. All cameras will be placed on motion only status. FOUR CAMERA LICENSES COMES WITH THE HYBRID NEVER — TWO ADDITIONAL LICENSES WERE ORDERED FOR THE ADDITIONAL TWO CAMERAS. Programming Info: Tyco installers will program the cameras on the Exacq 8 -channel NVR and focus all cameras. Tyco installers will set the cameras to 1 Ofps when camera is active. IF '�Yr 1111ulr� C41 " Page 6 of 8 11 0 TYCO 2015. ALL RIGHTS RESERVIED Page 233 of 678 City of Boynton Beach 225 NW 12th. Avenue Boynton Beach, FL 33435 tq Security Estimate Name: City of Boynton Beach - John Denson Pool - CCTV Site Conditions: Existing construction. The cameras will be located outside of ths clubhouse at the community pool to view the pool area and the parking lot. Existing Equipment: We will not be dismantling any of the existing equipment. Customer Expectations: Customer would like to have this completed as soon as possible as they are under a time and budget timeline. Training Expectations: Tyco installers will train customer on all aspects of viewing, saving, archiving and burning CD for prosecution and/or insurance purposes. General Comments: No permits needed. Customer Responsities Customer will need a Static IP address, Network Drop and Gatewfflj Tyco Exclusions: at the pool. Customer will allow Tyco installers the space and time to complete the installation. I If I Page 7 of 8 0 TYCO 2015. ALL RIGHTS RESERVED Page 234 of 678 "1 '7 19 114,111 111111110�1� Outright §lj2121j2g e ui, ment won ourchase. Installation Investment Package: $12,006.78 Total Monthly Payment Including Preferred Services: $ 160.001month T1170 INTETTK—f Page 8 of 8 Page 235 of 678 7777:,3 rcult Television D Intenance Quality Service Plan PROVIDED IESOIBIBNW[YA 0804-02T-DTL C onduit Conduit Programming Programming Labor Adjustments 2 man rule and wall pen etrations through concrete walls Miscellaneous Hardwa re Outdoor Boxes ADLCD17MPB 17" LCD 1280x1024 HDMI, VGA, YIC, 2xBNC IN w/Loop, Audio, 3D CF & 131, Hard Glass Protection EVIP-01 "1 '7 19 114,111 111111110�1� Outright §lj2121j2g e ui, ment won ourchase. Installation Investment Package: $12,006.78 Total Monthly Payment Including Preferred Services: $ 160.001month T1170 INTETTK—f Page 8 of 8 Page 235 of 678 . ... .. .... .. •...•�.. ... .. ....s .t '• �...�• Letter of Agreement to Extend the Contract Tyco rategratied Semrfty LLC (Vendor) 3601 Ebenhower Avenue, 31 Floor Alexandfla� VA 22304 #. i ! 7 f- ;,fk M 202 121h Street NE Staplea, N 56479 Phone: A. G (_ 894-1930 9upplieA. This Agreement has an expiration date of April 23,2017, butttw parUes may extend the Agreement for one additional year by mutual conmt. The partles aclmo*iedge that extmuft the Agreement for anotber yew beneft the Vendor, fl. listed above !� 1,,. t�K�Pr 'xu r.es! q,�p . M t l �e:� a t ssx �,other term and conditions of the Agreemw remain in fbree. 1 1 Joint Powers 1 et! Tfv By: Its: DIMetor of Cooperij&e- ! !- ry Procurent Page 236 of 6T i 'M 17-1 C - 1 LT Date- a 2, 20in CompRpy Address-, 3603. HimenhoWer Avenue, 3rd Floor M, Rmbini; 1-%-14 Page 237 of (To be vompletM only by NJPA) � � t •yet N v ' :;_ ,: ,, �� , in ffiis •! any anumdmentstu.your Response,1 i any exceptions e V / :1 or rejected by NJPA on Form C. kl+ t {) I i t II ;i i s i ;' i optional fifthir feneivaloptiondiservilon National Joint Powerg AIiiauce® (NJPA) RIPA ou D re0i r (Name printed or ty A%Ya'l*d this Lk dry oF2 NJPA Coaft-act Number # 031913---V I S ExcoVied this �kq _ day of 20_JJ_ NJPA Contruct Number ff 03 VIA -TI AW -77777 ki `.i +i ki ;+OwiT, i t4 10771 "1 , y ii r i 4 r altlre!�� I& J. - LE Vendor Autborized sign 'SI Lev S % ` fi ` 1i i "'i t JV i i' i` 13 XJPA Contract NumberEQ11913 HI Page 238 of 6, 6.E. CONSENTAGENDA 9/19/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/19/2017 REQUESTED ACTION BY COMMISSION: Legal Expenses -August 2017 - Information at the request of the City Commission. No action required. EXPLANATION OF REQUEST: Outside counsel has not provided all August 2017 statements to Risk Management and therefore their July invoices (most recent received) are attached. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? n/a FISCAL IMPACT: Budgeted ALTERNATIVES: n/a STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 239 of 678 ATTACHMENTS: Type D Attachment D Attachment D Attachment F61111111111FAM Description Summary Goren Cherof General August Goren Cherof Doody & Ezrol August 2017 Summary Goren Cherof Risk -August Goren Cherof Doody & Ezrol Risk Litigation Oversight I nvoices Summary Outside Counsel Risk -August Outside Counsel ® July and August 2017 1 nvoices Page 240 of 678 Goren, Cherof, Doody & Ezrol, P.A. - August 2017 General Legal Costs Retainer -General Matters onsite office hours agenda item review pre-mtg commissioner mtgs commission mtg followup commission mtg contract review, code issues group homes, NOI research 139.9 Hours 16,165.84 Labor -general 4,920.15 Red light camera 5,372.65 Special Fire Assessment 601.10 Unsecuredc Creditors of Tribune 390.00 Exec Est of BB Homeowners(Dwork, Jonathan) 234.00 Litigation 2,691.00 Model Block Right of Way 390.00 Chandler, Nancy (RIC MAN) 39.00 Olen Properties Corp 78.00 Boynton Old School Partnership 234.00 Donastor,Murat v JP Morgan 0.00 Akyeshia Gums vs. JP Morgan 838.50 Deutsche Bank Natl Trust (Perlowitz, David) 78.00 Predelus, Love (HUD Complaint) 328.09 Bank of NY Mellon (White,Jack) 97.50 Po Ying Sem, Trustee (Stanley, Edmund) 955.50 Villa Del Sol Condo Assoc (Daquay, Marcel) 784.90 Seminole Lakes Homeowners (IH4 Prop) 19.50 Secured Holdings 156.00 FNMA (Moskoff, Eric) 0.00 Bock, Sharon as Clerk & Comptroller PBC 1,055.80 Estate of Hazel Clemmons,James Nutter Co. 0.00 HUD Housing Discrimination 0.00 COBB s/t Habitat for Humanity 0.00 Riverwalk Development Agt 916.50 Town Square 1,229.55 Nationstar Mtg (McBride, Cheryl) 429.00 HSBC Bank (Meriles, Jean) 448.50 US Bank Natl Assoc (Maxi, Kinson) 58.50 Prime Property of PB (Peterson, Steven) 117.00 The bank of NY Mellon(Est of Mordaunt) 448.50 TOTAL General Legal Costs -July 2017 39,077.08 Page 241 of 678 GOREN, CHEROF,r ODROL, P.A. Attorneys 0.. East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone BeachBoynton 334 25 Attn: Lynn Swanson Special Fire Assessment ACCOUNT NO: STATEMENT NO: HOURS 08/02/2017 MDC Review draft of legal advertisement for public hearing. 0.30 08/18/2017 MDC Review materials, research additional property tax exemptions for hardship program; phone conference with Tim Howard; prepare annual assessment resolution. 1.20 08/23/2017 MDC Review hardship application, phone conference with Tim Howard; prepare alternative annual resolutions per TH. 1.10 08/25/2017 MDC Revise alternative resolutions, forward to City. 0.40 FOR CURRENT SERVICES RENDERED 3.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATETOTAL MICHAEL. CiRULLO 3. $195.00 $585.00 Photocopies TOTAL EXPENSES THRU 08/31/2017 TOTAL CURRENT WORK Page: 1 09/01/2017 306-0005370 16726 Page 242 of 678 Attorneys at Law 3099 East Commercial Boulevard Suite 1 Fort Lauderdale, Florida 33308 Telephone + _ ' 1' Page: 1 CITY OF BOYNTON BEACH 09/01/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-0603180 Boynton Beach FL 33425 STATEMENT NO: 16727 Attn: Lynn Swanson 08/23/2017 SHB Receive and review correspondence from Fagan re: Mulheisen pre -d. Coordinate reschedule date. 0.30 08/25/2017 SHB Follow up with city re: various pre -determination conference matters. 0.60 SHB Meetings at City Hall re: group home and building code matters. Meeting at City Hall re: annexation and easement matters. Review and sign cemetery Page 243 of 678 HOURS 08/0412017 SHB Discuss police pre -determination conference matters with Swanson and Woods. 0.10 08/07/2017 SHB Receive and review Matson pre -d documents. Follow up with Oldbury. 2.00 08/08/2017 SHB Receive and review Melo discipline documents. Research re: officer statements. Various correspondence with PBA and City re: Mulheisen pre -d. Receive and review draft SEIU grievance articles; discuss with JAC. Various correspondence and follow up re: pre -determination conference and PBA request for documents. Telephone conference with oldbury; follow up with Katz and PBA. 4.50 JAC Review SEIU grievance and disciplinary appeal rewrite. 0.80 08/09/2017 JAC Review SEIU CBA - grievance draft; pull comp language from CBAs. 0.70 SH13 Telephone conference with Oldbury re. pending matters. Review and revise proposed contract language. Discuss with JAC. 2.50 08110/2017 SHB Telephone conference with JAC and Oldury re: SEIU contract matters. 1.00 JAC Conference call with JO and SB re: SEIU grievance and disciplinary appeal CBA language. 1.00 08/15/2017 SHB Receive, review, and revise grievance return letter. Follow up with Oldbury. 0.60 08117/2017 SHB Telephone conference with Oldbury re: drug test matters. Receive and review various documents and policies; discuss with JAC. Follow up with Oldbury. 1.50 08/22/2017 SHB Review revised Sagel, Rodriguez, and Matson discipline documents; follow up with Oldbury. Follow up re: Mulheisen pre -d. 2.80 08/23/2017 SHB Receive and review correspondence from Fagan re: Mulheisen pre -d. Coordinate reschedule date. 0.30 08/25/2017 SHB Follow up with city re: various pre -determination conference matters. 0.60 SHB Meetings at City Hall re: group home and building code matters. Meeting at City Hall re: annexation and easement matters. Review and sign cemetery Page 243 of 678 Page: 2 CITY OF BOYNTON BEACH 09/01/2017 ACCOUNT NO: 306-0603180 STATEMENT NO: 16727 deeds. 08/28/2017 SHB Telephone conference with Oldbury re: DUI arrest matters. Discuss background check matters with Oldbury. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE JAMES A, CHEROF 2.50 $195-00 SHANA H. BRIDGEMAN 22.50 195.00 Color photocopies Photocopies TOTAL EXPENSES THRU 08/31/2017 TOTAL CURRENT WORK HOURS 6.00 0.60 25.00 4,875.00 TOTAL $487.50 4,387.50 3.85 41.30 45,15 4,920.15 Page 244 of 678 IRS r'� !�•A '# Attorneys !'• East Commercial - • Suite 200 Fort Lauderdale, Florida 33308 Telephone (964) 771-4500 Page: 1 CITY OF BOYNTON BEACH 09/01/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-0806020 Boynton Beach FL 33425 STATEMENT NO: 16728 Attn: Lynn Swanson Red Light Cameras 08/04/2017 SHB Telephone conference with Laverriere re: contract matters, program restart date, and public awareness matters; revise correspondence to ATS. Update JAC and MDC Follow up with Snow. Telephone conference with Reeb. Follow up re: various program restart matters. 2.00 08/07/2017 SHB HOURS 08/02/2017 SHI3 Discuss contract matters with MDC. Telephone conference with MDC and JAC Review start-up and related legal issues. Reeb. 0.90 MDC Meet with SHB, review correspondence re: ATS agreement, phone conference with Harvey Dyer; phone conference with Dan Reeb re: logistics press releases. 2.50 for restart of program. 0.90 08/03/2017 SHB Various correspondence from ATS and City staff re: program restart. SHB Telephone conference with Howard, Chief Katz, Snow. Discuss with MDC and JAC. hearings. 0.30 Draft letter to ATS rescinding termination of service contract; discuss with SHB Discuss pending case matters with FLN. MDC and JAC; to City Manager for review. 3.60 MDC Meet with SHB re: letter to ATS to rescind former Commission action on ATS agreement. 0.20 08/04/2017 SHB Telephone conference with Laverriere re: contract matters, program restart date, and public awareness matters; revise correspondence to ATS. Update JAC and MDC Follow up with Snow. Telephone conference with Reeb. Follow up re: various program restart matters. 2.00 08/07/2017 SHB Revise correspondence to ATS; discuss with JAC and Laverriere. 1.00 08/08/2017 JAC Review start-up and related legal issues. 0.70 SHB Various correspondence with City staff re: program restart matters. Review press releases. 2.50 08/09/2017 JAC Review program restart issues and case status. 0.80 SHB Follow up with Stokes re: program continuation and availability for city hall hearings. 0.30 08/10/2017 SHB Discuss pending case matters with FLN. 0.30 08/11/2017 JAC Review acknowledgement and conference with SB re: resumption of enforcement action and streamlining role of CAO. 0.80 SHB Receive and review ATS letter agreeing to contract continuation. Follow up with City staff. 0.60 08/15/2017 SHB Follow up re: red light special magistrate matters. Prepare and file notices of intent to rely on business records for use at trial. 1.60 Page 245 of 678 CITY OF BOYNTON BEACH 09/01/2017 ACCOUNT NO: 306-0806020 STATEMENT NO: 16728 Red Light Cameras 08/17/2017 SHB Receive and review order on Avallone. Transmit to PD. 0.30 08/18/2017 SHB Receive and review pleadings and objections filed by opposing counsel. 0.60 08/21/2017 SHS Discuss upcoming hearing matters with MDC. Follow up re: $50 payment camera procedures internally/city hall; through the court and status of matters. 0.60 08/23/2017 SHB Attended red light camera hearings with Judge Damico. Follow up with City Discuss legislation matters with Snow. 1.00 staff re: case resolution matters. Follow up with Hollander re: payment conference with Hawkins re: city hall hearing schedule. Follow up with matters. 4.00 08/24/2017 SHB Telephone conference with Laverriere re: direction for trials and hearings pursuant to program restart. Prep for October 4 trials; schedule court reporter. Follow up with Hollander re: erroneous check matters. 1.50 08/25/2017 SHB Follow up re: additional settlement payments and upcoming trials. 0.60 08/2812017 FLN Outlined questions and notes from transcripts in preparation for meeting with Shana Bridgeman; met with Shana Bridgeman to discuss red light camera procedures internally/city hall; through the court and status of existing case law and issues on appeal. 1.00 SHB Meeting with FLN re: pending program matters. Various correspondence and telephone conferences with City staff re: special magistrate coverage. Discuss legislation matters with Snow. 1.00 08/29/2017 SHB Follow up with PD re: City Manager direction for handling trials. Telephone conference with Hawkins re: city hall hearing schedule. Follow up with Howard re: special magistrate matters. 0.60 08/30/2017 SHB Various correspondence with Hollander re: case settlement matters; prepare and file dismissal. Receive and review various orders on trial motions; transmit to PD for review. 1.00 08/31/2017 Telephone conference with Hawkins re: upcoming trial matters. 0.10 FOR CURRENT SERVICES RENDERED 27.50 5,362.50 RECAPITULATION TIMEKEEPERT TTL JAMES A. CHEROF 2.30 $195.00 $448.50 MICHAEL D. CIRULLO 1.10 195.00 214.5 SHANA H. BRIDGEMAN 23.10 195.00 4,504.50 FARAH L. NERETTE 1.00 195.00 195.00 Calor photocopies 1.40 Photocopies 8.75 TOTAL EXPENSES THRU 08/31/2017 10.15 Page 246 of 678 Page: 3 CITY OF BOYNTON BEACH 09/01/2017 ACCOUNT NO: 306-0806020 STATEMENT NO: 16728 TOTAL CURRENT WORK 5,372.65 BALANCE DUE $5,372.65 Page 247 of 678 Attorneys at Law 30 • - 1'' East Commercial+ Suite 200 Fort Lauderdale, Florida 33308 Telephone 771-4500 Page: 1 CITY OF BOYNTON BEACH 09/01/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9001821 Boynton Beach FL 33425 STATEMENT NO: 16729 Attn: Lynn Swanson HOURS 08/01/2017 SHB Office hours at City Hall. Meeting with Lori and Tim re: commission agenda items. Discuss red light agenda item with MDC; contact ATS and County Clerk re: pending NOVs and UTCs. Discuss ethics matters with JAC and TAD. Meeting with Mayor Grant re: red light agenda item and contract matters. Attend City Commission meeting. 14.30 08/02/2017 DNT Confer with KLE re: ability to dedicate via plat; review case law re: requirements for dedication via plat; review subordination request for Williams property. 1.10 08/03/2017 DNT Telephone call with Frantz Lafontant re: quantum plat for lot 52. 0.40 08/07/2017 FLN Reviewed Notioe and Order Administratively Closing reopened case in old foreclosure matter re: Bank of America v. COBB and James L. Ware; 0.30 JAC Onsite - agenda preparation and office administration; prepare W&S agreement and research extra -territorial lien enforcement; follow up re: pension consultants contract. 7.60 DNT Dictate and review email re: Roshawn Baker 2nd mortgage. 0.30 08/08/2017 JAC Review pending cases and assignments; agenda item review and revisions; review Go and Go MD bankruptcy claims and account info; CAO office administration issues related to budget, space and storage; evaluate reoordldocument management issue; finalize and follow up on pension consultants contract; review Fagan letter re: Pre -D and conference with SB re: same; review and preparation re: local business preference APM. 5.20 08/09/2017 JAC Draft Hypoluxo W&S Utility Agreement; research issues related to draft agreement; agenda preparation; review 2040 NE 12th Ave. status and response; research re: DeLong Blvd.; review water and sewer service area agreements; review JJ/contract renewal; review Seacrest Recovery status/correspondence; review Mellgron procurement issue; review side -arms contract issue. 4.80 SHB Follow up with Krusell re: letters of assignment.Various correspondence from Lynne and city staff re: application of group homes ordinance; discuss with JAC. Follow up re: career source matters. 2.00 08/10/2017 FLN TIC with Craig Clark re: agent with Lakeworth Library . 0.30 Page 248 of 678 Page: 2 CITY OF BOYNTONH 09/01/2017 ACCOUNT NO: 306-9001821 STATEMENT NO: 16729 HOURS JAC Onsite; agenda review and preparation; prepare for and attend Town Square public workshop; revise local business preference APM and discuss with TH. 8.50 08/11/2017 SHB Telephone conference with Mark Woods, Majors, Breese, and Brown re 08/18/2017 JAC Review and preparation re: P&D agenda; miscellaneous office administrative issues; conference with attorneys re: pending matters. 4.20 08/21/2017 FLN Reviewed all pending foreclosure matters to update tracking sheet for review by Jim Cherof. 2.00 JAC On site; conference re: canal vegetation and agreement with County; conference re: group homes and building applications - fire code review; prepare for and attend Commission meeting re: status of Town Square; miscellaneous office administration; review Hypoluxo agreement status. 8.80 SHB Telephone conference with JAC, Rumpf Cline, and Kittendorf re: group home, fire, and building code matters. Follow up re: Palmer Road annexation matters. 1.50 08/22/2017 SHB Discuss code lien matters with staff. Fallow up re: group homes ordinance matters. Review RFP for park kayak services. 1.50 Page 249 of 678 trailer ordinance and home-based business matters. Research re: solicitation ordinance matters. Call to David Scott re: Job fair matters. 3.00 FLN Reviewed detailed summary information re: to LSTA grant from library in preparation for drafting of Memorandum of Understanding on City's digitization of files. 1.60 DNT Review sign code inquiry from Mike Rumpf and status of Palmer Road matter. 0.50 JAC Review ebuilder training; review agenda and memos; preparation re: lien/foreclosure reports and collection options; preparation re: Vestors demolition documents and process; sign code research re: uniform sign regulations and trademarks; commercial solicitation research post M. Beach case; review status of Palmer Road annexation -sewer services. 5.20 08/14/2017 JAC Onsite; attend staff meeting; prepare for meeting; review Quantum easement issue and call with Andre Parks re: same; conference with C. Groff; draft Hypoluxo agreement revisions; research lien priority issue and prepare to discuss with FN. 5.50 08/15/2017 JAC Onsite; prepare for and attend Commission meeting; call with A. Parke re: plat issue; follow up email. 6.00 08/16/2017 JAC Meeting follow up; review Lot 52 plat setback issues; draft Hypoluxo letter; conference with FN re: liens; update priority of liens research and policy; review procurement code re: rewrite. 5.40 08/17/2017 DNT Review application for installation of solar shades at Oceanfront Park. 0.50 MDC Review materials re: Seacrest RFP; review addendum; miscellaneous phone conference with (lyse Treistman. 1.50 SHB Follow up with Warren re: public records and clerk website matters; discuss with Snow and Katz. 0.60 08/18/2017 JAC Review and preparation re: P&D agenda; miscellaneous office administrative issues; conference with attorneys re: pending matters. 4.20 08/21/2017 FLN Reviewed all pending foreclosure matters to update tracking sheet for review by Jim Cherof. 2.00 JAC On site; conference re: canal vegetation and agreement with County; conference re: group homes and building applications - fire code review; prepare for and attend Commission meeting re: status of Town Square; miscellaneous office administration; review Hypoluxo agreement status. 8.80 SHB Telephone conference with JAC, Rumpf Cline, and Kittendorf re: group home, fire, and building code matters. Follow up re: Palmer Road annexation matters. 1.50 08/22/2017 SHB Discuss code lien matters with staff. Fallow up re: group homes ordinance matters. Review RFP for park kayak services. 1.50 Page 249 of 678 Page: 3 CITY OF BOYNTON BEACH 09/01/2017 ACCOUNT NO: 306-9001821 STATEMENT NO: 16729 'WER JAC Onsite office administration; review mail -memos; review pending assignment; prepare for and attend P&D Board meeting; follow up re: same 1.70 JAC and issue re: boundary of LUA. 5.20 DNT Review city ordinances related to registration requirements for 3.60 08/28/2017 communication companies installing in public rights of way; research sign code issues and ability to treat trademarks differently. 0.90 08123/2017 SHB Follow up re: public records request matters. Review kayak RFP. Discuss 0.40 JAC group homes ordinance with JAC: follow up with Cline and Kittendorf. 1.50 JAC P&D follow up re: Boynton East project; calls and research; review conflict 6.00 08129/2017 DNT of interest issue; follow up on group home. 3.60 08124/2017 DNT Review emails from Mike Rumpf and sign contractor re: use of logo. 0.40 JAC Vestors Agreement rewrite; call with A. Mock re: same; review assignments and pending issues call with staff; review fire assessment issue. 4.60 SHB Research re: group home, fire, and building code regulations. Telephone conference with Kathy Cline. Telephone conference with Kittendorf. 4.50 SHB Research PRR matters; discuss with JAC. Follow up with Pyle. 3.50 08125/2017 FLN Reviewed 2014 memo issued on issues and effect of lis pendens on city Page 250 of 678 liens as a result of foreclosure; reviewed statutes and case law and outlined issues for global memorandum. 1.70 JAC On site; review pending issues; discuss group home issue with SB; signs code research; revise and send Vestors agreement. 3.60 08/28/2017 Municipal prosecution: receive and review correspondence and police reports re: John Thomas Horton; prepare and file nolle prosse. 0.40 DNT Review sign code information. 0.40 JAC Onsite; staff meetings; prepare agenda items; review budget transfer issue and update TRIM notes. 6.00 08129/2017 DNT Telephone conference call with Mike Rumpf re: group homes and sign code issues; review group home requirements and sign code information; review legislation re: limitation on city's right to enforce sign code against franchises. 1.00 JAC Review agenda and approve/modify items; review for budget hearing; call with clerk. 4.50 SHB Discuss pending group home matters with JAC and DNT. Follow up with Rumpf re: draft of City procedures and fact sheet. 0.60 08/30/2017 FLN Drafted Memorandum of Understanding re: City of BB,City of Lake Worth and Lake Worth Herald Newspaper Digitization project; shared drafted with Jim Cherof before submitted to Craig Clark for review; reviewed Craig Clark's comments and revisions, revised and resent to Craig; meeting re: internal procedures and handling of COBB foreclosures. 4.30 JAC Agenda item review and preparation. 3.50 DNT Telephone conference call with Mike Rumpf re: group homes and sign code issues; conference with MDC re: legislation that limits on city's right to enforce sign code against franchises. 1.00 08/31/2017 SHB Review and approve agenda items. 0.60 Page 250 of 678 Page: 4 CITY OF BOYNTON BEACH 09/01/2017 ACCOUNT NO: 306-9001821 STATEMENT NO: 16729 HOURS FOR CURRENT SERVICES RENDERED 139.90 16,165.84 TOTAL CURRENT WORK 16,165.84 BALANCE DUE $16,16&84 zl;j MLYALvilgi Wfiqs ■ ..s Page 251 of 678 GOREN, CHEROF, DOODY & EZROL, P.A Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 BoyntonBeach FL. 33425 Attn: Lynn Swanson adv, Unsecured Creditors of Tribune Company ACCOUNT NO: STATEMENT NO: HOURS 08/22/2017 BJS Review correspondence re:: Settlement, with review of file, draft update correspondence to JAC 0.50 08/23/2017 BJS t/c with Bonni Jensen re: Settlement 0.30 08/29/2017 BJS Review Settlement correspondence, review prioir filings, and begin draft update memorandum to City for JAC review 1.20 FOR CURRENT SERVICES RENDERED 2.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL BRIAN J. SHERMAN 2.00 $195.00 $390.00 TOTAL CURRENT WORK Page: 1 09/01/2017 306-9904908 16730 390.00 390.00 Page 252 of 678 VT Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH Boynton Beach FL 33425 Attn: Lynn Swanson adv. Olen Properties Corp., et al 08/29/2017 JAC Review Motion Setting Status Conference and related issues; miscellaneous preparation re: position statement. FOR CURRENT SERVICES RENDERED III&Ig.-olgag- NY-117114MM41 - 0 ACCOUNT NO: STATEMENT NO: RECAPITULATION HOURS HOURLY RATE 0.40 $195.00 Page: 1 09/01/2017 306-9904936 16731 HOURS 0.40 0.40 78.00 TOTAL $78.00 78.00 $78,00 Page 253 of 678 GOREN, CHEROF,DOODY & EZROL, Attorneys 3099 East Commercial Boulevard Suite 14 • Lauderdale, Florida 33308 Telephone l Boynton - Attn: Lynn Swanson adv. Boynton Old School Partnership, LLC 1; 1 1 - - - • - I1J .• TOTAL CURRENT WORK 1.1W-1'C+I4111J HOURSRECAPITULATION IX -L RATE 1.20 $195.00 • • R * R ! `'• • HOURS 1.20 1.20 234.00 TOTAL $234.00 234.00 $234.00 Page 254 of 678 Attorneys at Law • East CommercialBoulevard Lauderdale,Suite 200 Fort Telephone 04 Page: 1 CITY OF BOYNTON BEACH 09/01/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9904950 Boynton Beach FL 33425 STATEMENT NO: 16733 Litigation Miscellaneous HOURS 08/01/2017 TAD Attend meeting with City re: litigation status and pending claims. 2.20 08102/2017 TAD Telephone conference with building official. Review correspondence re: demolition issue. 0.30 08/03/2017 TAD Receipt and review of correspondence from building department re: demolition issue and prepare response to same. 0.20 08/09/2017 JAC Follow up re: Go & Go Bankruptcy and utility recovery policy. 0.70 08/10/2017 BJS Review settlement agreement and draft follow up correspondence re: Forfeiture 0.30 08/11/2017 JAC Follow up re: Lori Day; call to Manager ( im ) and related CBA research. 0.80 JAC Review pending cases 1 assignment and review pleadings for discussion litigation and case review. Receipt of correspondence from TPA firm with AC Attomeys. 1.10 08/17/2017 TAD Receipt and review of use of force (Rahming). 0.10 BJS Legal research and review of pending forfeiture matters re:: Rumph 0.60 08/21/2017 BJS Review and follow up re: pending forfeiture matters 0.50 TAD Receipt and review of incident report re: (Babcock) and receipt of incident report (Garafolo) 0.30 08/23/2017 Draft follow up correspondence re: Forfeiture/Adversarial Preliminary Hearing and tic/ with Jack Fleichman 0.30 TAD Meet with City re: status of claims and information on recent developments. 1.90 08/30/2017 TAD Review status of claim files and attend meeting with City re: status of litigation and case review. Receipt of correspondence from TPA firm regarding claim review meeting and prepare response to same. 3.60 08131/2017 TAD Telephone conference with City re: information needed to review agreement. Reveiw licensing agreement re: liability limitations. 0.90 CURRENTFOR SERVICES RENDERED 13.80 2691.00 Page 255 of 678 Page: 2 CITY OF BOYNTON BEACH 09/0112017 ACCOUNT NO: 306-9904950 STATEMENT NO: 16733 Litigation Miscellaneous "'%,ECAPITULATION HOURS HOURLY RATE 2.60 $195.00 1.70 195.00 9.50 195.00 44:11101612 1 Rej RITIT-�I, ; *M 2,691-00 Page 256 of 678 GOREN, CHEROF,D•OD- Attorneys at Law 0.. East Commercial Boulevard 200 Fort Lauderdale, _ 33308 Telephone rt Page: 1 CITY OF BOYNTON BEACH 09/01/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905001 Boynton Beach FL 33425 STATEMENT NO: 16734 Attn: Lynn Swanson adv. Executive Estates of BB Homeowner's Assn. (Dwork, Jonathan Mitchell), 154 Orange Drive, BB HOURS 08104/2017 FLN Reviewed Motion for Entry of Final Judgment for Defendant and Agreed Order on Defendant's Amended Motion for Entitlement to Attny Fees and Notice of Hrg on said Motion; Reviewed Court Orders awarding judgment to Defendant and finding Defendant entitled to attorney fees and costs; Reviewed Defendant's Motion for Attny's fees and Taxable costs; Reviewed Defendant's Notice to Place Defendant's Motion to Tax Attny's fees and Costs on non -jury trial docket; Plaintiffs Request to Produce to defendant; Plaintiffs Notice of Filing Proposed Settlement. 1.00 08/15/2017 FLN Reviewed Plaintiffs Second Request to Produce. 0.20 FOR CURRENT SERVICES RENDERED 1.20 234,00 RECAPITULATION TIMEKEEPER LY RATE TOTAL FARAH L. NERETTE 1.2 $195.00 34.0 TOTAL CURRENT WORK 234.00 BALANCE DUE $234.00 Page 257 of 678 GOREN, CHEROF, DOODY & EZROL, Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 7714500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard ACCOUNT NO Boynton Beach FL 33425 STATEMENT NO Attn: Lynn Swanson City of Boynton Beach Model Block Right of Way Acquisition 08102/2017 KLE Email from Brett re: lot 5, conference with David, telephone calls with Brett, email to Brett; email to Ken Dodge re: status of title work for Lot 5. 08/30/2017 KLE emails from Brett and Joe and Andrew re: replat. 08/31/2017 KLE Review title work and related documents for lot 5, transmit to City. FOR CURRENT SERVICES RENDERED TOTAL CURRENT WORK TO ilq [63:3 pill RECAPITULATION HOURS HOURLY RATE 2.00 $195.00 Page: 1 09/01/2017 306-9905018 16735 HOURS 1.10 0.30 6.6o 2.00 390.00 TOTAL $390.00 390.00 $390= Page 258 of 678 Attorneys at Law 3099 East Commercial• - Suite 200 Fort Lauderdale, Florida 33308 Telephone 9 CITY OF BOYNTON BEACH Boynton Beach Attn: Lynn Swanson adv. Chandler, Nancy (RIC MAN) 08/08/2017 JAC Review trial order and discuss with T. FOR CURRENT SERVICES RENDERED TOTAL CURRENT WORK i� M RECAPITULATION HOURLYHOURS 0.20 $195.00 Page: 1 09/01/2017 306-9905019 16736 HOURS 0.20 0.20 39.00 TOTAL $39.00 39.00 $39.00 Page 259 of 678 GOREN, CHEROF,!` OP.A. Attorneys at Law 3099 , i - 4'. East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone it Page: 1 CITY OF BOYNTON BEACH 0910112017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905138 Boynton Beach FL 33425 STATEMENT NO: 16737 Attn: Lynn Swanson adv. (Akyeshia C. Gums, et al.) vs. JPMorgan Chase Bank 2171 NW 1st Street, Boynton Beach, FL 33435 HOURS 08/22/2017 FLN Emails to OC; Lynn Swanson; reviewed City's possible entitlement to surplus; reviewed file documents and pleadings including docket to confirm and assess City's position as it relates to possible entitlement to available surplus. 1.40 08/23/2017 FLN Reviewed payoff information received from Community Redevelopment; discussed with Lashae Brooks via TIC; TIC to Plaintiffs Counsel to discuss outstanding balance due on City's second mortgage; TIC with City Clerk counsel's office re: issues with City's failure to receive certificates; reviewed relevant case law re: to City's defenses for failure to receive certificates of sale, title and disbursement. 2.40 08/24/2017 FLN Met with Jim Cherof to discuss status of this case, terms of second mortgage and amount of payoff due to City; TIC to Octavia Sherrod with Community Redevelopment to confirm advice re: to City's payoff information. 0.50 FOR CURRENT SERVICES RENDERED 4.30 RECAPITULATION TIMEKEEPER LY RATE TOTAL FARAH L. NERETTE 4.30195.$838.50 TOTAL CURRENT WORK f -RD 7 838.50 Page 260 of 678 Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard ACCOUNT NO: a loynton Beach FL 33425 STATEMENT NO: Attn: Lynn Swanson adv. The Bank of New York Mellon Trust Company, N.A. (White, Jack) 08/15/2017 FLN Reviewed Notice of Appearance of Co -Counsel for Plaintiff; Motion for Leave to Amend filed by PI's Co -Counsel; Notice of Hearing on Motion; email to Plaintiffs firm re. City's position/aftendance at hearing; reviewed email response from PIs counsel. FOR CURRENT SERVICES RENDERED 171-1 MIMI N 041R.14 0 0 IQ RECAPITULATION HOURS HOURLY RATE 0.50 $195.00 Page: 1 09/01/2017 306-9905188 16739 HOURS 0.50 0.50 97.50 TOTAL $97.50 97.50 $97.50 Page 261 of 678 GOREN, CHEROF, DOODY Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard ACCOUNT NO: Boynton Beach FL 33425 STATEMENT NO: Attn: Lynn Swanson adv. Secured Holdings, Inc. 08/11/2017 JAC Review plat issue and status of settlement / land transfer proposal; calls to staff. 0.60 08/28/2017 JAC Follow up with A. Parke re-. status of settlement proposal. FOR CURRENT SERVICES RENDERED pal jTJ mi gris] 2 TOTAL CURRENT WORK RECAPITULATION HOURS HOURLY RAI 0.80 $195Z Page: 1 09/01/2017 306-9905206 16740 0.20 0.80 156.00 TOTAL $156.00 156.00 $156.00 Page 262 of 678 Attorneys 3099 East CommercialBoulevard Suite 4 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 09/01/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905221 Boynton Beach FL 33425 STATEMENT NO: 16741 Attn: Lynn Swanson adv. Bock, Sharon R., as Clerk & Comptroller for PBC HOURS 08/04/2017 FLN Reviewed Plaintifrs Motion for Entry of Final Judgment along with Exhibit A with Proposed Judgment, indicating the City of BB's entitlement to $14,656.90 in surplus; Email to Plaintiffs Counsel re: City's attendance at upcoming hearing on Motion for entry of Final Judgment. 0.50 FOR CURRENT SERVICES RENDERED 0.50 RECAPITULATION TIMEKEEPER HOURS• RATE TOTAL FARAH 0.50 $195.00 Photocopies TOTAL EXPENSES THRU 08/31/2017 -rk 97.50 100.30 Page 263 of 678 Attorr�eys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 NOM �-�OMM Boynton Beach FL 33425 Attn: Lynn Swanson adv. Seminole Lakes Homeowners Association, Inc. (11-14 Property Florida, LP a Delaware Limited Partnership) W=11a I SON �"l r L. -111MAMON 08/31/2017 SCW Review Clerk's website regarding the status of the case. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE SHARI C. WALL EN 0.10 $195.00 TOTAL CURRENT WORK Page: 1 09/01/2017 30$-9906251 16743 HOURS 0.10 0.10 19.50 TOTAL $19.50 19.50 $19M Page 264 of 678 Attorneys at Law 4•• East CommercialBoulSuite evard Fort Lauderdale, Florida 33308 Telephone "' 1 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard ACCOUNT NO: Boynton Beach FL 33425 STATEMENT NO: Attn: Lynn Swanson adv. Sharon R. Bock, as Clerk and Comptroller for Palm Beach County, Florida (Ganoe, William & Blanchard, Joshua) HOURS 08114/2017 FLN Reviewed surplus check amount as reelected on received check; reviewed Final Judgment in attempts to identify discrepancy in amounts as reflected on FJ and on check. 0.30 08/16/2017 SCW Review file, clerk's website and surplus check. Draft memorandum. 0.70 08/17/2017 SCW Research regarding remedial measures and witness fees. Meeting with Tracey DeCarlo. Research regarding remedial measures and experts. 2.00 08/18/2017 JAC File closeout and distributions of proceeds. 0.40 08/21/2017 SCW Evaluate correspondence received regarding final judgment. 0.10 SCW Research regarding expert witnesses and subsequent remedial measures. Meeting with Tracey DeCarlo. 1.10 FOR CURRENT SERVICES RENDERED 4.60 RECAPITULATION TIMEKEEPER HOURS HOURY RATE TOTAL JAMESA,CHEROF 0.40 $195.00 $78.00 FARAH L. NERETTE 0.30 195.00 58.50 SHARI C. WALLEN 3.90 195.00 760.50 TOTAL CURRENT WORK Page: 1 09/01/2017 306-9905252 16744 897.00 Page 265 of 678 Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. Bock, Sharon R. (Corporate Professional Resources, LLC) 0812412017 SHB Receive and review notice of setting trial. FOW, CUTTENT SERVICES RENDERED 6*1 a" F-11 L1 F-111 - N 1.1"N I PAI Q ivir.11 0 Frei V.'W4a W1 kq W;A I I ky Lei; I ■ ACCOUNT NO: STATEMENT NO: RECAPITULATION HOURS HOURLY RATE 0.30 $195.00 Page: 1 09/01/2017 306-9905258 16745 HOURS 0.30 0.30 58.50 TOTAL $58.50 58.50 $58,50 Page 266 of 678 GOREN, CHEROF, rOOD Attorneys at Law ,. East Commercial Boulevard Suite 200 Fort Lauderdale, Telephone (954) i CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson Town Square Development ACCOUNT NO: STATEMENT NO: Photocopies TOTAL EXPENSES THRU 08131/2017 TOTAL CURRENT WORK AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 09/01/2017 306-9905263 16746 1.05 1.05 1,229.55 Page 267 of 678 HOURS 08/16/2017 DNT Dictate and revise First Amendment to Phase 1 services agreement with . 1.50 08/17/2017 JAC Review contract amendment and draft agenda issue. 0.60 DNT Dictate and revise revisions to amendment to Phase 1 services agreement. 0.40 08/18/2017 JAC Prepare for commission meeting and status review. 0.60 08/22/2017 JAC Review financial plan status and option; follow up on central energy system district issue. 0.80 DNT Meeting at City Hall with city manager, Colin Grof, Tim Howard, Mark HefFerin and development team re. financing options. 2.00 08/29/2017 JAC Review financing issues and draft placement services agreement. 0.40 CURRENTFOR SERVICES RENDERED 6.30 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 140 $195.00 $468.00 DAVID N. TOLCES 3.90 195.00 760.50 Photocopies TOTAL EXPENSES THRU 08131/2017 TOTAL CURRENT WORK AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 09/01/2017 306-9905263 16746 1.05 1.05 1,229.55 Page 267 of 678 GWYR�, �ekf , �24 Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 09101r2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905265 Boynton Beach FL 33425 STATEMENT NO: 16747 Attn: Lynn Swanson adv. Nationstar Mortgage, LLC (McBride, Cheryl) HOURS 08117/2017 FLN Reviewed and drafted Answer and Affirmative Defenses to Amended Complaint. 1.20 08/28/2017 FLN Reviewed file documents and amended complaint; drafted ans. and affirmative defenses to amended complaint. 1.00 FOR CURRENT SERVICES RENDERED 2.20 429.00 WHOM'jag 19.11 W"A01 N MON I "MI W Zkq [43 MIDI I I RECAPITULATION HOURS HOURLY RATE TOTAL 2.20 $195.00 $429.00 W LTJ [fill 24 1 Villri V:VA W I&IJ Wd .11 Page 268 of 678 Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 7714500 Page: 1 CITY OF BOYNTON BEACH 09/01/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905269 Boynton Beach FL 33425 STATEMENT NO: 16748 Attn: Lynn Swanson adv. U.S. Bank National Association (Maxi, Kinson & Noncent, Ouze) HOURS 08115/2017 FLN Reviewed Notice of dropping party defendant: unknown spouse of Ouze Noncent., reviewed file documents. 0.30 FOR CURRENT SERVICES RENDERED 0.30 58.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL FARAH L. NERETTE 0.30 $195-00 $58.50 TOTAL CURRENT WORK 58.50 BALANCE DUE $58,50 Page 269 of 678 r Willrex4:41m, "W"10MAYWTSW �' "11 1 ICT@NrL Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771 A500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard ACCOUNT NO: Boynton Beach FL 33425 STATEMENT NO: Attn: Lynn Swanson adv. Prime Property of the Palm Beaches, Inc. (Peterson, Steven & Pamela) 08/04/2017 FLN Reviewed Plaintiffs Notices of Default filed against individuals residing on property; Reviewed Plaintiffs Notice of Filing Original Note; Plaintiffs Motion for Summary Judgment and Notice of Hearing on said Motion. 08/15/2017 FLN Notice of Hearing on Plaintiffs Motion for Summary Judgment; email to staff. FOR CURRENT SERVICES RENDERED TOTAL CURRENT WORK RECAPITULATION HOURS HOURLY RATE 0.60 $195.00 Page: 1 09/01/2017 306-9905270 16749 HOURS 0.60 0.60 117.00 TOTAL $117.00 117.00 $117.00 Page 270 of 678 Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard ACCOUNT NO: Boynton Beach FL 33425 STATEMENT NO: Attn: Lynn Swanson adv. Deutsche Bank National Trust Company (Perlowitz, David) 08/15/2017 FLN Reviewed Plaintiffs Reply to Defendant City of Boynton Beach's Affirmative Defenses; reviewed relevant rules of procedure to confirm no additional pleading is required to preserve City's aff. defenses; Reviewed Plaintiffs proof of service by publication. FOR CURRENT SERVICES RENDERED tarlyX V 1.1 RECAPITULATION HOURS HOURLY RATE 0.40 $195.00 Page: 1 09/01/2017 306-9905274 16750 HOURS 0.40 0.40 78.00 TOTAL $78.00 78.00 $78.00 Page 271 of 678 Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale,0;• Telephone (954) 771-4i 4 Page: 1 CITY OF BOYNTON BEACH 09101/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905275 Boynton Beach FL 33425 STATEMENT O: 16751 Attn: Lynn Swanson adv. Predelus, Love (HUD Complaint) 07/24/2017 Federal Express - Invoice 5-905-92437 16.09 16.09 TOTAL ADVANCES THRU 08/31/2017 16.09 TOTAL CURRENT WORK 328.09 BALANCE DUE $328.09 FA • • ■ • ■ •• Page 272 of 678 HOURS 08101/2017 SHB Receive and review correspondence from HUD re: conciliation option; discuss with Laverriere. 0.30 08/02/2017 SHB Receive and review correspondence from HUD re: Predelus refusal to participate in mediation/conciliation; follow up with HUD. Notify City. 0.30 08/09/2017 JAC Review status and evaluate options to dismiss investigation. 0.70 08/30/2017 SHB Receive and review additional request for information from Investigator. Transmit to City for review. 0.30 FOR CURRENT SERVICES RENDERED 1.60 312.00 RECAPITULATION TIMEKEEPERY RATE TOTAL JAMES A. CHEROF 0.70$195.00 $136.50 SHANA H. BRIDGEMAN 0.90 195.00 175.50 07/24/2017 Federal Express - Invoice 5-905-92437 16.09 16.09 TOTAL ADVANCES THRU 08/31/2017 16.09 TOTAL CURRENT WORK 328.09 BALANCE DUE $328.09 FA • • ■ • ■ •• Page 272 of 678 !' ice! R•#�� h� Attorneys 1" East Commercial Boulevard Suite 11 Fort Lauder -dale, Florida 33308 Telephone ' 10 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard ACCOUNT NO: Boynton Beach FL 33425 STATEMENT NO: Attn: Lynn Swanson adv. Po Ying Sem, Trustee of the Po Ying Sem Trust (Stanley, Edmund) AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 09/01/2017 306-9905279 16752 99 955.50 Page 273 of 678 HOURS 08/14/2017 FLN Discussed utilityllien foreclosure issue with Mike Cirullo; TIC and email withlto and from Plaintifrs attorney Rae Franks of WPB re: status of City's position and extension; started researching issue re: to defending matter given existence of utility and not code lien. 1.00 08/28/2017 FLN Continued researching possible legal defenses applicable to utility lien on property that is subject to foreclosure action. 2.10 08/29/2017 FLN Continued researching relevant basis to defend foreclosure involving utility as opposed to code lien. 1.80 FOR CURRENT SERVICES RENDERED 4.90 RECAPITULATION TIMEKEEPER LY RATE FARAH L. NERE17E 4.90 $19&00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 09/01/2017 306-9905279 16752 99 955.50 Page 273 of 678 Attorneys at Law 3 - 1•' East CommercialBoulevard Suite 11 Fort Lauderdale,FloridaF; Telephone11 CITY OF BOYNTON Boynton Beach FIL 33425 Attn: Lynn Swanson ACCOUNT N0: STATEMENT NO: adv. Villa Del Sol Condominium Association, Inc. (Dacquay, Marcel) HOURS 08/14/2017 FLN Reviewed existing law; dratted Motion to Dismiss foreclosure complaint; reviewed finalized pleading with exhibits before filing. 2.50 08/15/2017 FLN Reviewed Notice of Dropping party defendant: unknown tenants; reviewed file documents including status of accrued fines received from City. 0.30 08/22/2017 FLN Reviewed email from and TIC to HOA Attorney's office re City's position on association liens and upcoming hearing. 0.40 08/23/2017 FLN Drafted Motion to Withdraw City's previously filed MTD; reviewed and filed Answer and Affirmative Defenses. 0.80 .............. FOR CURRENT SERVICES RENDERED 4.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL FARAH L. NERETTE 4.00$780.00 Photocopies TOTAL EXPENSES THRU 08/31/2017 �Zfif1>�+i�17�► i�►TIf7t� Page: 1 09/01/2017 306-9905280 16753 780.00 Page 274 of 678 A' � '• !#•OW R Attorneys at Law 1'• East Commercial• - Suite 11 Fort ■- ■.Florida#. Telephone 10 0 :•r 0 Boynton Beach FIL 33425 Attn: Lynn Swanson Riverwalk Development Agreements ACCOUNT NO: STATEMENT NO: TOTAL CURRENT WORK 1.7_!1_1 10m:4 pill Page: 1 09/01/2017 308-9905283 16754 916.50 916.50 Page 275 of 678 HOURS 08/03/2017 DNT Telephone call with M[Ke Rumpf and Amanda Bassiely re: Riverwalk development agreements; review development agreements. 0.80 08/14/2017 DNT Review and revise agreements for Riverwalk development and transmit to client. 1.30 08/22/2017 DNT Meeting at City Hall with Mike Rumpf, Amanda Bassiely and Mike Weiner re: Riverwalk documents; revise Riverwalk documents and transmit to client. 1.30 08/24/2017 DNT Review additional language to include in Riverwalk agreements for parking and access. 0.50 08/28/2017 DNT Dictate revisions to declaration and public access easement for development. 0.80 FOR CURRENT SERVICES RENDERED 4.70 RECAPITULATION TIMEKEEPER_U S HOURLY RATE TOTAL DAVID N. TOLCES 4.70 $195.00 $916,50 TOTAL CURRENT WORK 1.7_!1_1 10m:4 pill Page: 1 09/01/2017 308-9905283 16754 916.50 916.50 Page 275 of 678 Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH Boynton Beach FL 33425 Attn: Lynn Swanson adv. HSBC Bank, USA (Meriles, Jean) 08/03/2017 FLN Reviewed Summons; Drafted Answer and Affirmative Defenses. 08/17/2017 FLN Reviewed responsive pleadings before efiling. FOR CURRENT SERVICES RENDERED TOTAL CURRENT WORK ACCOUNT NO: STATEMENT NO.- w%'ECAPITULATION HOURS HOURLY RATM 2.30 $195.01 Page: 1 09/01/2017 306-9905284 16755 HOURS 2.00 0.30 ................ 2.30 448.50 TOTAL $448.50 448.50 $448.50 Page 276 of 678 Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 7714500 Page- 1 CITY OF BOYNTON BEACH 09/01/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905285 Boynton Beach FL 33425 STATEMENT NO: 16756 Attn: Lynn Swanson adv. The Bank of New York Mellon (Estate of Mordaunt, Mark G.) HOURS 08/08/2017 FLN Reviewed Summons and Complaint; drafted answer and affirmative defenses. 2.00 08/28/2017 FLN Reviewed pleadings and file before filing of responsive pleadings. 0.30 FOR CURRENT SERVICES RENDERED 2.30 448.50 RECAPITULATION HOURS HOURLY RATE TOTAL 2.30 $195.00 $448.50 EE Wo Page 277 of 678 Goren, Cherof, Doody & Ezrol, P.A. - August 2017 Risk Cases Andrews, Spencer (BBPD Employees) 0.00 Kimsey, Erin (MVA) 39.00 Ford, Sharron(Negligence arrest) 364.50 Laster, Torami(Slip & Fall) 0.00 Mina, German (Slip & Fall) 299.00 Gregory, Mola (Slip & Fall) 3,149.75 Yesnick, Christopher (arrest) 58.50 Robinson, Bennie(False Arrest) 2,731.00 Galindez, Dennis(Slip & Fall) 33,998.16 Caliskan, Hasan(MVA) 9,584.95 Jenkins, Gail & Leon(Demolition) 128.00 Venegas, Jesusa 292.50 Blutcher, Pamela (MVA) 1,050.00 Goldman, Barry(Bike/grate accident) 0.00 Braswell, Jeff rey(Excessive Force) 0.00 Jackson-Evancich, Deborah 0.00 Broberg, Leif Complaint(2015) 819.70 Dunn, Jonathan(arrest w/o probable) 0.00 Wade, George(auto accident) 3,010.50 Caliendo, Giovanni & Emily(Code) 156.00 Coupet, Kenson (Parent of child injured) 817.50 Shevlin, Patrick(false arrest) 97.50 Ryan, Rona Id(whistleblower) 18.90 Estime, Robens(Police Deadly Force) 0.00 Sobriety Now, Inc 78.00 Freeney, James (bike accident) 0.00 Victoria Fire & Casualty(George Wade) 117.00 Clemens, Jennifer (Personal Injury) 39.00 Bolt, Barbara Dilger (MVA) 663.00 Basinski, Donna (MVA garbage truck) 97.50 Estime, Job (Police -Defamation) 1,092.00 Garber M.D. Harvey (excessive force) 154.50 TOTAL Goren,Cherof Risk Legal Costs 58,856.46 Page 278 of 678 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 09/01/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905029 Boynton Beach FL 33425 STATEMENT NO: 16701 Attn: Lynn Swanson adv. Ford, Sharron (negligence arrest) Billing Category 18-RLO HOURS 08/14/2017 TAD Receipt of notice of appearance and receipt of correspondence re: former employees and trial subpoenas. 0.20 08/16/2017 TAD Confer with outside counsel re:status of claims. Receipt of correspondence re: same. 0.30 08/17/2017 TAD Telephone conference with City re: settlement issues. 0.30 08/21/2017 TAD Receipt and review of order re: trial. Telephone conference with City re: settlement. Receipt of correspondence from outside counsel re: status. 0.30 08/28/2017 IR Receipt and review ticklers regarding trial period commencing 8.28.17 before Judge Barkdull; online docket retrieved, regarding status of trial; reviewed unilateral pretrial disclosure prepared and filed by the City of Boynton Beach; reviewed Judge Barkdull's Order Granting Plaintiffs Motion to Continue Trial; prepared follow-up ticklers to retrieve court docket in 30 days, to check for new trial order. 1.20 FOR CURRENT SERVICES RENDERED 2.30 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 1.20 $125.00 $150.00 TRACEY A. DECARLO 1.10 195.00 214.50 TOTAL CURRENT WORK BALANCE DUE .J V'7. J V 364.50 $364.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 279 of 678 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. Mina, German (slip & Fall) Billing Category: 18-RLO Claim #001470 -000340 -GB -01 ACCOUNT NO STATEMENT NO 08/01/2017 TAD Extended telephone conference with Plaintiff counsel re: settlement issues. 08/29/2017 IR Receipt and review of Plaintiffs Notice for Jury Trial filed with the court; online docket search and the court's trial schedule, for Judge David French and prepared email regarding same; conference with TAD regarding opposing counsel and recent court filings and the Court's 2017 - 2018 trial docket. TAD Receipt of correspondence from Plaintiff counsel re: trial setting. Receipt of motion to set trial and notice of hearing on same. FOR CURRENT SERVICES RENDERED TRACEY A. DECARLO TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 1.30 $125.00 0.70 195.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE HOURS 0.30 Page: 1 09/01/2017 306-9905062 16702 1.30 0.40 2.00 299.00 TOTAL $162.50 136.50 299.00 $299.00 Page 280 of 678 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard ACCOUNT NO Boynton Beach FL 33425 STATEMENT NO Attn: Lynn Swanson adv. Kimsey, Erin (MVA) Billing Category 18-RLO Claim #001470 -000228 -AB -01 08/10/2017 TAD Receipt and review of correspondence re: motion to dismiss and prepare response to same. FOR CURRENT SERVICES RENDERED TIMEKEEPER TRACEY A. DECARLO TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.20 $195.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 09/01/2017 306-9905064 16703 HOURS 0.20 0.20 39.00 TOTAL $39.00 39.00 $39.00 Page 281 of 678 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 09/01/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905066 Boynton Beach FL 33425 STATEMENT NO: 16704 Attn: Lynn Swanson adv. Gregory, Mola (slip & fall) Billing Category: 18-RLO Claim #001470 -000341 -GB -01 HOURS 08/14/2017 TAD Receipt of correspondence from adjuster re: status report information. 0.20 08/15/2017 TAD Receipt and review of correspondence from Plaintiff re: mediation. Receipt of correspondence from excess carrier re: status report. 0.30 08/18/2017 TAD Prepare report and budget for claim re:request from adjuster and for mediation. 2.80 08/22/2017 TAD Review deposition of the plaintiff and prepare summary of same. Prepare draft budget and revise report to include additional information. 4.70 08/24/2017 TAD Draft motion for summary judgment with supporting memorandum of law. Review deposition of Williams and prepare summary of same. 4.20 08/28/2017 TAD Revise report and budget re: information from Plaintiff. Receipt of Plaintiffs demand package and medical records provided. Prepare correspondence to City re: report and demand package. 2.80 08/31/2017 IR Conference with TAD regarding upcoming Mediation, scheduled for September 11, 2017 and the Court Order Case Management Conference, scheduled September 15, 2017; initial preparation of index to binders for same; review pleadings and online court docket. 1.70 FOR CURRENT SERVICES RENDERED 16.70 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 1.70 $125.00 $212.50 TRACEY A. DECARLO 15.00 195.00 2,925.00 Photocopies 12.25 Page 282 of 678 CITY OF BOYNTON BEACH adv. Gregory, Mola (slip & fall) TOTAL EXPENSES THRU 08/31/2017 TOTAL CURRENT WORK BALANCE DUE Page: 2 09/01/2017 ACCOUNT NO: 306-9905066 STATEMENT NO: 16704 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 12.25 3,149.75 $3,149.75 Page 283 of 678 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard ACCOUNT NO Boynton Beach FL 33425 STATEMENT NO Attn: Lynn Swanson adv. Robinson, Bennie (false arrest) Billing Category 18-RLO Claim #001470 -000336 -GB -01 08/01/2017 TAD Attend meeting with City re: pending matter and mediation/litigation strategy. 08/02/2017 TAD Receipt and review of correspondence from mediator re: mediation. Prepare correspondence to mediator re: same. 08/04/2017 IR Receipt and initial review of mediation reports for use on August 9, 2017; reviewed and initial preparation of trial order outline for February 20, 2018 trial date in federal court. TAD Attend telephone conference re: mediation. Confer with City re: mediation issues. 08/08/2017 TAD Review claim information and prepare opening for mediation. Receipt of correspondence from plaintiff counsel re: mediation. 08/09/2017 TAD Attend mediation of matter. Confer with city and outside counsel re: strategies. 08/10/2017 TAD Prepare correspondence to adjuster re: mediation and trial issues 08/11/2017 TAD Receipt of correspondence from adjuster re: status. Receipt of mediation report. 08/28/2017 TAD Receipt and review of correspondence from City re: officer Mills and prepare response to same. 08/29/2017 TAD Receipt of correspondence from outside counsel re: Harris issues. Review case law re: claims for motion for summary judgment and pre-trial motions. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE INGRID RIERA 0.60 $125.00 Page: 1 09/01/2017 306-9905073 16705 HOURS 1.80 0.90 0.60 0.70 1.60 4.30 0.30 0.30 0.30 3.20 14.00 2,688.00 TOTAL $75.00 Page 284 of 678 CITY OF BOYNTON BEACH adv. Robinson, Bennie (false arrest) TIMEKEEPER TRACEY A. DECARLO 08/09/2017 Parking - TAD Parking - TOTAL ADVANCES THRU 08/31/2017 TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO HOURS HOURLY RATE TOTAL 13.40 195.00 2,613.00 Page: 2 09/01/2017 306-9905073 16705 43.00 43.00 43.00 2,731.00 $2,731.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 285 of 678 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 09/01/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905077 Boynton Beach FL 33425 STATEMENT NO: 16706 Attn: Lynn Swanson adv. Yesnick, Christopher (arrest) Billing Category 18-RLO Claim #001470-001470000266 HOURS 08/22/2017 TAD Receipt and review of correspondence re: status conference. Review correspondence from City re: response to dismissal request. 0.30 FOR CURRENT SERVICES RENDERED 0.30 58.50 TIMEKEEPER TRACEY A. DECARLO TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE TOTAL 0.30 $195.00 $58.50 58.50 $58.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 286 of 678 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 09/01/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905083 Boynton Beach FL 33425 STATEMENT NO: 16707 Attn: Lynn Swanson adv. Galindez, Dennis (slip & fall) Billing Category: 18-RLO Claim #001470 -000330 -GB -01 08/01/2017 IR Initial preparation of Jury Instructions Trial notebook; jury box chart prepared, with appropriate size, for attorneys' use at voir dire; initial Jury Instructions notebook index prepared; reviewed trial order, entered by the court on 2.28.17, to ensure final compliance with same, by both parties; assisted with trial witness trial preparation [i.e. witness files in order for TAD meeting with law enforcement personnel on 8.2.17]; receipt and initial review of Dr. Sukienik's deposition transcript and deposition exhibits and update to his respective trial witness file folder. TAD Review deposition testimony of Zeller. Prepare outline of issues for pre-trial meeting. Review testimony of plaintiff re: trial cross. 08/02/2017 IR Continuation of trial preparation; extensive preparation and update to Jury Instructions Trial Notebook, which included legal research of 47 citations in jury instructions and shepardized same; organized legal research with proposed jury instructions; prepared law enforcement witness file folders for use at trial [to cross-reference with other discovery prepared by PlaintiffJ; conferences with TAD regarding her trial preparation of law enforcement personnel this date; receipt of potential trial exhibits to be utilized as demonstrative evidence and prepared file for meeting with Trial Graphix regarding same. TAD Attend pre-trial meeting with Zeller and Reinhold. Visit site with Reinhold re: locations and information for trial exhibits. Prepare voir dire. Prepare verdict form. 08/03/2017 IR Continued trial preparation; continuation to create Jury Instructions Trial Notebook and pulled 45 legal citations as referenced in the City of Boynton Beach's jury instructions, continued to shepardize said legal citations; conference with TAD regarding trial projects status; tickler to contact and prepare for TAD meeting with Plaintiffs counsel in an effort to comply with the Court's trial order entered 2.28.17, Re: the parties must exchange trial exhibits, which includes noted objections; receipt and initial review of the continuation deposition of Dennis Galindez from May 26, 2017. TAD Revise opening statement to include additional information. Review depositions of the Plaintiff. Prepare outline of cross examination for trial. HOURS 3.70 4.20 5.90 4.80 4.40 Page 287 of 678 Page: 2 CITY OF BOYNTON BEACH 09/01/2017 ACCOUNT NO: 306-9905083 STATEMENT NO: 16707 adv. Galindez, Dennis (slip & fall) HOURS Review deposition of Marla Galindez. Prepare outline of cross examination for trial. Revise jury instructions and verdict form. Review deposition of Chief Harris and prepare outline for pre -deposition meeting. Prepare outline of cross and direct for Harris for trial. 6.60 08/04/2017 IR Prepared for and attendance at meeting with Trial Graphix regarding potential trial boards to utilize as demonstrative evidence at trial; reviewed various documents and photographs to send to Trial Graphix for boards; preparation of email enclosing package of items to use for trial boards; continuation of trial preparation, revised Jury Instructions Trial Notebook with revised jury instructions, including legal research thereto; 6.20 TAD Prepare correspondence to plaintiff re: depositions. Prepare correspondence to City re: subpoenas. Revise opening to include additional facts/testimony. Prepare correspondence to City re: pre-trial meetings. Review trial subpoenas. Meet with representative re: trail exhibits. Review deposition of Captain Magnanti and prepare outline for meeting. Revise closing statement to include additional information from depositions and meetings. 6.80 08/07/2017 IR Trial preparation continuation; finalized Jury Instructions Trial Notebook, including legal research and shepardized 43 citations, conferences with TAD regarding trial preparation and City of Boynton Beach's trial witnesses, our line up for trial and current status with trial preparation; email to Trial Graphix regarding meeting from August 4, 2017 and receipt and review of cost proposal for trial boards, etc. the initial draft of our trial boards idea as demonstrative evidence to the jury; review of our trial witness file folders and updated our Trial Witness Tracking Chart with information received from our past and current City of Boynton Beach and Boynton Beach Police Department trial witnesses. 5.10 TAD Meet with Faine re: trial testimony. Confer with JAC re: trial issues. Review deposition of Hederian and prepare outline for pre-trial meeting. Review deposition of Koch. Prepare outline of issues for pre-trial meeting. Review exhibits from depositions re: exhibits for use at trial. Review case law re: evidentiary issues at trial re: remedial measures. 6.60 08/08/2017 IR Telephone call to Plaintiffs counsels' office regarding meeting to review, exchange and list objectionable trail exhibits in advance of August 28, 2017 trial; 2.10 TAD Review deposition testimony of Sukienk and prepare outline of trial direct. Reveiw deposition of LePage and prepare trial outline re: same. Review exhibits re: work orders and records from cared access re: trial arguments. 6.50 08/09/2017 IR Conference with TAD regarding trial preparation; review of City of Boynton Beach Police Department substation no. views, as potential demonstrative evidence at trial; reviewed trial order entered by the court this date, on the City's Motion for Partial Summary Judgment, striking portions of the Plaintiffs complaint. 1.20 JAC Review Order and preparation re: closed door. 0.60 TAD Receipt and review of order on motion for partial summary judgment. Review deposition of Le Blanc (Part I) and prepare trial outline. Review deposition of Ramsey and prepare trial outline. Confer with city re: claims status. 4.60 Page 288 of 678 Page: 3 CITY OF BOYNTON BEACH 09/01/2017 ACCOUNT NO: 306-9905083 STATEMENT NO: 16707 adv. Galindez, Dennis (slip & fall) 08/10/2017 TAD Telephone conference with Ramsey re: trial issues. Prepare correspondence to vendor re: trial exhibits. Prepare correspondence to City re: order on partial motion for summary judgment. Revise trial outline for Ramsey and Brode re: additional information. Review depositions of Paula LeBlanc and prepare outline of issue for pre-trial meeting. Receipt of correspondence re: changes to order. Review revised order and prepare correspondence re: same . Review trial subpoenas and prepare revisions to same. HOURS 6.10 08/11/2017 IR Conference with TAD regarding trial preparation, including trial witnesses. 0.40 TAD Meet with Magnanti re: pre-trial issues. Meet with risk manager re: issues with trial witnesses. Receipt of correspondence from City re: order and meetings and prepare response to same. Receipt of correspondence from facilities re: building information and trial exhibits. Prepare response to same. 5.20 08/12/2017 TAD Review pre-trial stipulation and plaintiffs exhibit list re: trial evidence issues. Review jury instructions and revise same. 1.70 08/14/2017 SCW Research regarding comments during closing argument. Research regarding factual inferences in preparation for trial. 3.60 IR Reviewed email from JAC and provided information of same; preparation of deposition summary from the May 1, 2017 deposition of Art Brode [112 pages]; 2.70 JAC Prepare for closed door session. 0.80 TAD Review deposition of Brode and prepare: outline for pre-trial meeting. Prepare examination for trial. Review deposition of Magnanti and notes and prepare examination for trial. Review deposition of Hederian and prepare outline for meeting and trial. Review deposition of Koch and prepare outline for meeting and trial testimony. Review deposition of Shane and prepare trial outline. Review deposition of Turner and prepare examination for trial. Review deposition of Ramsey and prepare trial direct. 7.80 08/15/2017 SCW Research regarding remedial measures. Meeting with Tracey DeCarlo. 0.80 TAD Receipt and review of correspondence from plaintiff re: IePage deposition. Meet with JAC re: trial issues. Meet with Chief Katz re: witness issues. Review case law re: immunity issues for trial. Review deposition of Chalal and prepare outline for trial testimony. Meet with Commission re: case. 8.20 JAC Trial preparation with TD; conference with Chief Katz re: trial issues and witnesses; attend shade session. 2.80 08/16/2017 SCW Research regarding expert witness fee. Meeting with Tracey DeCarlo. 0.60 TAD Revise opening. Telephone conference with Sukienik and prepare correspondence re: same. Meet with Ramsey re: pre-trial meeting. Meet with Lamons and Taylor re: claims. Meet with Koch and Hederian re: pre-trial. Revise trial cross of police officers. Review work order log. Prepare correspondence to City re: work order history. Telephone conference with city re: former employees of facilities. 7.80 IR Conferences with TAD regarding trial strategy and authority; update to Trial Witness Tracking Chart regarding status of TAD's witness preparations with contact information relevant to whom the City will be calling for trial; receipt, Page 289 of 678 Page: 4 CITY OF BOYNTON BEACH 09/01/2017 ACCOUNT NO: 306-9905083 STATEMENT NO: 16707 adv. Galindez, Dennis (slip & fall) HOURS review and responded to demonstrative evidence prepared by Trial Graphix and draft tickler to receive revised proposals; 2.30 08/17/2017 IR Conferences with and emails to TAD regarding trial preparation, including exhibit exchange with opposing counsel; prepared email to Plaintiffs counsel and received responses regarding trial exhibit exchanges and objections, in compliance with the Court's trial order entered on February 28, 2017; trial preparation and updated information pertaining to trial witnesses; 1.60 TAD Review deposition exhibits of Chalal and revise questions for trial testimony. Attend trial deposition of Chalal. Telephone conference with plaintiff counsel re: offer/status. Prepare correspondence to plaintiff re: deposition of medical expert. Telephone conference with judicial assistant re: status of case. Prepare correspondence to facilities re: meeting with employees. 6.70 08/18/2017 IR Conference with deputy clerk regarding pre -marking of trial exhibits, in advance of trial; conferences with TAD regarding specific trial exhibits to mark, utilizing the Palm Beach Circuit Court local rules for same; other trial preparation meetings; initial draft of Art Brode deposition summary; 3.80 08/20/2017 TAD Prepare revisions to cross of plaintiff. Review deposition of Athos and prepare outline of trial cross. Review case law re: directed verdict issues for trial memorandum. 4.20 08/21/2017 IR Continuation with trial preparation; online searches with the Court and the deputy clerk's office, regarding status of trial line up for August 28, 2017; reviewed Plaintiffs 2d Amended Trial Exhibit list [incorrectly called titled] and compared with last filed Trial Exhibits List, to determine what documents, etc. were added; put anatomical illustrations of Plaintiffs knee surgery, first produced at Dr. Chalal's deposition on August 18th; continue preparing for trial on August 28, 2017. 4.30 TAD Revise opening to include additional information. Receipt of plaintiff amended exhibit list. Review plaintiff discovery responses and information re: wage loss claims. Prepare motion to strike amended list. Prepare notice of filing return of service on witnesses. Receipt of correspondence from City re: trial subpoenas. Receipt of correspondence from prior employee re: trial and prepare response to same. Review case law for trial re: subsequent remedial measures taken by city. 5.10 JAC Trial preparation. 0.80 08/22/2017 IR Continuation of trial preparation, with expected trial date to commence August 28th [and review of the City's objections to the late court filings by the Plaintiff and other Plaintiff issues relevant to trial, which trial period is expected to commence on August 28, 2017; review court-ordered trial deadlines and cut-off information, pursuant to our summary; conversations with TAD regarding status of trial line-up and Plaintiffs counsels' late disclosures; emails to Trial Graphix regarding status of the trial boards [need to premark 8.5 x 11 for trial] ordered by the City; continuous update of Trial Witness Tracking Chart; deposition summary of Art Brode testimony from May 1, 2017; initial organization of Palm Beach County courts, trial exhibit stickers, in an effort to pre -mark in advance of trial [at our office, per deputy clerk telephone conversation, this date - advised that we could Page 290 of 678 Page: 5 CITY OF BOYNTON BEACH 09/01/2017 ACCOUNT NO: 306-9905083 STATEMENT NO: 16707 adv. Galindez, Dennis (slip & fall) HOURS premark trial exhibits, without having to come to the courthouse]. 6.80 JAC Discuss continuance request with TD; follow up on same. 0.20 TAD Receipt and review of correspondence from plaintiff re: continuance. Telephone conference with City re: same. Telephone conference with Plaintiff re: trial. Receipt of motion to continue. Revise same and prepare correspondence to plaintiff re: same. Continue trial preparation including cross examination issues and trial memorandum. 3.80 08/23/2017 IR Continued trial preparation, created premarking trial exhibit labels; created lists related to trial exhibits - our actual list of documents that are premarked and to be entered into evidence and brought to premarking with Plaintiffs counsel, on Friday 8.25.17, in advance of trial]; skeleton list of trial exhibits to follow along during trial, with notations which exhibits are moved into evidence and other trial exhibits listed just for identification purposes in the middle of trial and during witness testimony; continue to update trial witness files, including those with deposition and summaries. 7.10 IR Telephone call to TAD Meet with Mierke re: claims. Meet with Chief Harris re: claims. Meet with Brode re trial preparation. Revise trial outline for Harris re: information from hearing. Prepare correspondence to Brode re: transcript and trial information. Meet with Wooten re: trial testimony. Meet with LeBlanc re: trial preparation. 8.30 08/24/2017 IR Continued trial preparation; receipt, review and responded to emails pertaining to court ordered trial exhibit exchange, scheduled for 8.25.17 at the City of Boynton Beach, to premark both parties' trial exhibits; revised City's trial exhibits list, prepared and in the order for our premarking meeting with opposing counsel and his paralegal, for tomorrow morning; prepared blank exhibits list to complete at the trial exhibit exchange conference of 8.25.17 as both parties' review each other's exhibits, for mutually agreed upon exhibits and contested exhibits; re -revised the City's anticipated trial exhibits; conferences with TAD regarding status of trial docket line up for Monday; telephone conference with T. Berger's paralegal regarding status of their case, set as #1 to go, on Judge Barkdull's trial calendar, for the period ending 9.1.17 and conference with TAD regarding same [that trial #1 is going on August 28, 2017]. 5.90 TAD Review case law re: immunity and prepare trial memorandum re: same. Review case law re: inferences. Telephone conference with Plaintiff counsel re: trial setting. Confer with IVR re: trial preparation and exhibits. 3.30 JAC Review trial status and preparation. 0.40 08/25/2017 IR Online court docket searches for any updates to trial line up, for trial period commencing August 28th; continuation of trial preparation regarding same; finalized premarking trial exhibits, using Palm Beach County Evidence / Pre -marking Guidelines, to use at the exhibit review and exchange with opposing counsel and then to provide trial clerk in Judge Barkdull's courtroom at the commencement of trial; finalized review of trial witness folders for use at trial Monday morning; continuous reviews of online court docket, to check if the court ruled on Plaintiffs Motion to be Excused from Trial Docket, filed with the Court 8.23.17; finalized all deposition summaries, in preparation for trial; reviewed, scanned and emailed 'Instructions for Circuit Civil Division AD - Judge Thomas H. Barkdull III' divisions Page 291 of 678 Page: 6 CITY OF BOYNTON BEACH 09/01/2017 ACCOUNT NO: 306-9905083 STATEMENT NO: 16707 adv. Galindez, Dennis (slip & fall) 08/28/2017 08/29/2017 RECAPITULATION TIMEKEEPER HOURS HOURS TOTAL instructions and information, specifying Section X. Trial, listing the court 5.60 $195.00 ordered projects to have been completed prior to and anticipated before INGRID RIERA 73.40 trial commences. 7.20 TAD Prepare correspondence to all witnesses re: trial setting. Continue 195.00 22,503.00 preparation of trial memoranda. Receipt of demonstrative exhibits. Review 5.00 195.00 all exhibits for trial and prepare order of evidence. Review case law re: objections to Plaintiffs demonstrative exhibit. Receipt of deposition of Dr. Chalal and review same re: objections for trial. 3.40 TAD Confer with plaintiff counsel re: exhibits and trial setting. Receipt of correspondence from treating doctor re: trial and prepare response to same. Telephone conference with Officer Koch re: trial setting and assignment issues. Receipt of correspondence from Brode re: contact with plaintiff. Prepare response to same. Telephone conference with Paula LeBlanc re: trial testimony. 1.80 IR Online docket searches, if the Court entered any orders based upon Plaintiffs Motion to be Excused from Trial Docket, filed with the court on 8.23.17; trial preparation [uncertain if the City would be called for trial mid to late week, this week, to go into next week]; updated trial witness tracking chart to advise if our trial witnesses would still be available later in week and potentially first week in September. 1.90 IR Receipt and review of the Court's Order Resetting Jury Trial, entered this date, with new eight-week trial docket, to commence March 26, 2018 with a new calendar call on March 16, 2018; conference with TAD regarding same; preparation of tickler to revise internal trial order outline with newly revised court-ordered deadlines; receipt and review of both of Plaintiffs' Offers of Judgment and preparation of ticklers to respond within the statutory time period; 0.80 TAD Receipt of order continuing trial. Prepare correspondence to City and witnesses re: same. Prepare correspondence to treating physician re: same. Telephone conference with marine officers re: assignment and testimony. Receipt of proposal for settlement from plaintiff Dennis Galindez. Receipt of proposal for settlement from Marla Galindez. 1.90 FOR CURRENT SERVICES RENDERED 199.40 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 5.60 $195.00 $1,092.00 INGRID RIERA 73.40 125.00 9,175.00 TRACEY A. DECARLO 115.40 195.00 22,503.00 SHARI C. WALLEN 5.00 195.00 975.00 Photocopies TOTAL EXPENSES THRU 08/31/2017 33,745.00 233.10 233.10 Page 292 of 678 CITY OF BOYNTON BEACH adv. Galindez, Dennis (slip & fall) Page: 7 09/01/2017 ACCOUNT NO: 306-9905083 STATEMENT NO: 16707 07/26/2017 Federal Express - Invoice 5-905-92437 20.06 20.06 TOTAL ADVANCES THRU 08/31/2017 20.06 TOTAL CURRENT WORK 33,998.16 BALANCE DUE $33,998.16 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 293 of 678 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 09/01/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905092 Boynton Beach FL 33425 STATEMENT NO: 16708 Attn: Lynn Swanson adv. Caliskan, Hasan (MVA) Billing Category: 18-RLO Claim #001470 -000354 -AB -02 HOURS 08/01/2017 IR Conference with TAD regarding trial preparation and potentially additional witnesses; prepared tickler to follow up with City of Boynton Beach regarding same; 0.70 08/02/2017 IR Continuation with trial preparation and organization of trial witness file folders; conference with TAD regarding additional trial preparation projects, regarding additional witnesses who may be needed at trial, currently set for the trial period commencing October 2, 2017 through November 10, 2017; preparation of ticklers regarding same. 0.70 TAD Receipt and review of surveillance video of plaintiff. 1.40 08/03/2017 TAD Receipt and review of surveillance report and correspondence from investigator. Prepare correspondence to City re: same. 1.20 08/07/2017 IR Continued to organize trial exhibits and trial witness file folders, following our court disclosures. 0.70 08/08/2017 IR Continuation of trial preparation, retrieved and updated trial exhibits in respective files for trial; reviewed Subpoenas Duces Tecum and Notice of Production from Non -Party discovery filed in this matter and cross-referenced with records received in compliance therewith; updated Trial Witness Tracking Chart of most recent trial witness contact information and to follow-up with discovery [and any non-compliant entities, etc] ; 4.70 08/09/2017 IR Continued trial preparation and two sets of trial notebooks, operative pleadings and jury instructions; online searches for Plaintiffs past due Trial Witness list and Trial Exhibits list; continuation of preparation of trial exhibits. 1.90 JAC Review case related issues and options. 0.40 08/10/2017 IR Continuation of trial preparation and update of the City of Boynton Beach's main Trial Notebook / binders with operative and revised pleadings and other court ordered documents, put in notebook index into chronological Page 294 of 678 Page: 2 CITY OF BOYNTON BEACH 09/01/2017 ACCOUNT NO: 306-9905092 STATEMENT NO: 16708 adv. Caliskan, Hasan (MVA) HOURS order; updated trial witness files, following the City of Boynton Beach's 31 listed witnesses; online court docket searches, to retrieve Plaintiffs trial disclosure [not filed, 2 weeks past due]; additional input of trial exhibits in folders, in the order of our disclosure. 2.70 TAD Review case history and prepare outline of witnesses and exhibits for trial as well as items to be completed before discovery cut off. 1.80 08/11/2017 IR Conference with TAD to review the City of Boynton Beach's trial exhibits and trial witness file folders; updated Trial Notebook; prepared list of additional, potential new trial witnesses; revised trial exhibits, including recently received discovery; ticklers to follow up with City employees regarding trial preparation. 4.10 TAD Meet with IVR re: trial preparation and review trial exhibits and status of discovery. 0.80 08/14/2017 IR Trial preparation continued; telephone conference with Dr. Zeide's assistant regarding trial testimony and preparation of follow up email to Dr. Zeide's staff pertaining to same; prepared email to litigation team regarding same and ticklers for response; email to City of Boynton Beach regarding police radio calls from 9.9.14; updated Trial Witness Tracking logs regarding availability and other information pertaining to trial preparation; 2.50 08/15/2017 TAD Receipt and review correspondence re: information for trial. Prepare correspondence re: same. Receipt of correspondence from expert re: status and respond to same. 0.80 08/16/2017 IR Continuation of trial preparation that included extensive online research to locate trial witnesses [law enforcement personnel, both current and former, and civilian witnesses], to meet the court's discovery cut-off; online research of court docket, to check if Plaintiff filed his trial witness disclosure and trial exhibits list; telephone conferences with Dr. Robert Friedman's office manager regarding his testimony for deposition and possibly trial; prepared email memoranda pertaining to same; telephone conference with Dr. Steven Chang's office manager regarding same [left voice mail message]. 4.10 TAD Receipt and review of correspondence from City re: reports. Review information on crash and prepare correspondence to City re: additional information requested. 0.80 08/17/2017 IR Continuation of trial preparation, that included discovery scheduled and prepared to meet the cut-off date of September 12, 2017, pursuant to the Court's March 30, 2017 trial order; telephone conferences with Dr. Robert Friedman's office manager regarding his availability and fees for testimony for deposition and possibly trial; prepared emails memoranda pertaining to same; initial telephone conference with Dr. Steven Chang's office manager regarding same [left voice mail message]; prepared email memoranda; legal research Fla.R.Civ.P. 1.312(b)(6) corporate representative depositions; initial draft of subpoena duces tecum for live deposition of appropriate corporate representatives at Braman [BMW & Mini Cooper] and Offlease.com for Plaintiffs employment records. 4.60 08/18/2017 IR Telephone conference with Peggy, office manager with Steven Chang, MD, regarding his deposition and trial testimony; preparation of email verifying Page 295 of 678 Page: 3 CITY OF BOYNTON BEACH 09/01/2017 ACCOUNT NO: 306-9905092 STATEMENT NO: 16708 adv. Caliskan, Hasan (MVA) same; other trial preparation and organization of discovery and list of witnesses to be deposed; continued trial preparation in advance of the cut-off date of September 12, 2017; telephone conferences to obtain information regarding other trial witnesses and initial draft of Plaintiffs past and current employer information, to draft our duces tecum to corporate representatives. TAD Review subpoenas and notice of deposition of employers and medical providers and prepare revisions to same. Review trial order re: pre-trial stipulation and prepare correspondence to plaintiff counsel re: depositions. Prepare correspondence to Dr Friedman and Dr. Chang re: depositions. Reveiw discovery re status and any additional information needed. 08/21/2017 IR Online court docket searches for Plaintiffs Exhibits list and Witness Disclosure, in compliance with the Court's trial Order of 3.30.17; prepared tickler regarding same to follow-up again 8.23.17; reviewed emails regarding physicians' depositions and ticklers to organize anticipated deposition exhibits, for early September, 2017, prior to discovery cut-off; emails to and from the City, enclosing potential trial exhibits to be utilized; conversations with TAD regarding same. TAD Receipt and review of additional information from City re: CAD reports. 08/23/2017 IR Telephone call to 08/28/2017 IR Continuation of trial preparation, for trial period commencing October 2 through November 10, 2017, with consideration as to discovery cut-off date of September 12, 2017; online court docket searches for Plaintiffs witness disclosures and exhibits disclosures, in compliance with the Court's March 30, 2017 Order Resetting Case for Jury Trial; online Palm Beach County court docket and Palm Beach County public records searches for Seher Sezen dismissal as Plaintiff, to be entered and recorded, prior to trial. HOURS 2.90 3.40 1.80 0.20 1.70 08/29/2017 IR Continuation of trial preparation; emails to private investigator regarding dates and fees for testifying at trial; research Fla.R.Civ.P. 1.200 / potentially requesting a Pretrial Conference from the Court, for failure of Plaintiff to prepare Pretrial Stipulation, and failure to timely prepare trial witness disclosures and trial exhibits lists; update trial witness tracking log, with trial witness contact information and dates of unavailability for trial; preparation of summary of discovery records received, pursuant to subpoenas for same; 3.60 TAD Review plaintiffs motion in limine re: damage claims and review additional case law re: response to same. 1.30 08/30/2017 IR Continuation of trial preparation, updated Trial Witness tracking chart and online docket searches for Sezen dismissal and to check if Plaintiff Caliskan filed a trial witness and trial exhibits disclosures, in compliance with the Court's 3.3017 trial order. 0.80 TAD Receipt and review of correspondence re: subpoena. Prepare correspondence to Dr. Friedman re: deposition. Begin preparation of pre-trial report. Extended telephone conference with plaintiff counsel re: potential for resolution. 2.20 08/31/2017 IR Online docket searches for Plaintiffs trial witness and trial exhibits Page 296 of 678 CITY OF BOYNTON BEACH adv. Caliskan, Hasan (MVA) 08/30/2017 ACCOUNT NO STATEMENT NO disclosures and conference with TAD regarding same; TAD Receipt and review of correspondence from plaintiff re: CME and prepare response to same. Review case law re: permanent injury issues and CME report re: issues for damages aspect of trial and upcoming depositions. Review guidelines re: information on impairment and effect on claims. Receipt of correspondence from process server re: issues with Braman and Offlease service. Extended telephone conference with Braman counsel re: response to subpoena and deposition. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE JAMES A. CHEROF 0.40 $195.00 INGRID RIERA 38.70 125.00 TRACEY A. DECARLO 17.70 195.00 Photocopies TOTAL EXPENSES THRU 08/31/2017 Robert J. Friedman, MD PA - Deposition TOTAL ADVANCES THRU 08/31/2017 TOTAL CURRENT WORK BALANCE DUE HOURS 1.20 3.80 56.80 4,837.50 3,451.50 Page: 4 09/01/2017 306-9905092 16708 117.95 117.95 1,100.00 1,100.00 1,100.00 9,584.95 $9,584.95 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 297 of 678 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 09/01/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905093 Boynton Beach FL 33425 STATEMENT NO: 16709 Attn: Lynn Swanson adv. Jenkins, Gail and Leon (Demolition) Billing Code: 18-RLO Claim #001470 -000382 -GD -01 HOURS 08/03/2017 IR Receipt and review of Plaintiffs second Request for Production to City of Boynton Beach [7 items requested] and prepared ticklers to follow-up with client and litigation team [due on 9.5.17, taking into consideration 9.2.17 is a Saturday and Monday is a national holiday]; received email regarding deposition transcript of Andrew Mack and prepared tickler to prepare deposition summary in 20 days. 0.40 08/31/2017 TAD Receipt and review of correspondence from building department re: documents responsive to request for production. Prepare response to same. Confer with City IT department re: response to plaintiffs second request for production. 0.40 FOR CURRENT SERVICES RENDERED 0.80 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 0.40 $125.00 $50.00 TRACEY A. DECARLO 0.40 195.00 78.00 TOTAL CURRENT WORK BALANCE DUE 128.00 128.00 $128.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 298 of 678 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard ACCOUNT NO Boynton Beach FL 33425 STATEMENT NO Attn: Lynn Swanson adv. Venegas, Jesusa Billing Category 18-RLO Claim #001470 -000367 -AB -01 08/07/2017 TAD Receipt of correspondence from adjuster re: status. Review information from claimant. Prepare correspondence to investigator re: surveillance. 08/28/2017 TAD Receipt and review of investigative report. Receipt of correspondence from investigator re: investigation and prepare correspondence to investigator re: continued surveillance. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TRACEY A. DECARLO 1.50 $195.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 09/01/2017 306-9905098 16710 HOURS 0.80 0.70 1.50 292.50 TOTAL $292.50 292.50 $292.50 Page 299 of 678 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 09/01/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905102 Boynton Beach FL 33425 STATEMENT NO: 16711 Attn: Lynn Swanson adv. Blutcher, Pamela (MVA) Billing Category - 18RLO Claim #001470 -000369 -AB -01 HOURS 08/01/2017 IR Continuation and review of responses to the City's numerous subpoenas duces tecum records; reviewed subsequent Returns of Services of same, Plaintiffs various medical records, some dating back to 2003; updated the City's Trial Witness Tracking chart to reflect that when records were produced, that records exist, but need to be pre -paid for hard copies via invoices and/or if no records longer exist; 1.80 08/04/2017 IR Receipt, review of message and several attempts to reach legal department at Bethesda Hospital East regarding their response to our Subpoena Duces Tecum and the possibility of our ordering the medical abstract as opposed medical records [very large amount due for same] and left 2 voice mail messages regarding same; preparation of tickler for Bethesda legal department and/or records custodian to return my messages. 0.30 08/09/2017 IR Telephone conferences with Bethesda Hospital East regarding abstract amount [as opposed to full set of medical records at $600]; update of Trial Witness Tracking Chart regarding same; 0.80 08/30/2017 IR Receipt and review of email from records custodian at JFK Medical Center; telephone conferences with the records custodian at JFK Medical Center and sent her a follow up email regarding status of the medical records and invoice for same; continued extensive review and updating witness and exhibits tracking chart, regarding responses to the City's 27 sets of subpoenas duces tecum served; separated groups of responsive records and initial preparation of summaries of same; prepared folders for hard copies medical records. 2.80 08/31/2017 IR Continued to review Plaintiffs numerous medical records received from various providers, pursuant to the City of Boynton Beach's subpoenas duces tecum served upon 27 entities and other medical providers; continued to update our Witness tracking logs with notations, whether documents received, or if no records exist, continued to track amount of documents received, in order to invoice Plaintiffs counsel for reproduction of subpoenaed documents, as per their Request for Copies; revised our Page 300 of 678 CITY OF BOYNTON BEACH ACCOUNT NO STATEMENT NO adv. Blutcher, Pamela (MVA) Notice of Compliance to Plaintiffs Request for Copies. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE INGRID RIERA 8.40 $125.00 TOTAL CURRENT WORK BALANCE DUE HOURS 2.70 8.40 TOTAL $1,050.00 Page: 2 09/01/2017 306-9905102 16711 1,050.00 1,050.00 $1,050.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 301 of 678 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard ACCOUNT NO Boynton Beach FL 33425 STATEMENT NO Attn: Lynn Swanson Broberg, Leif Complaint (2015) Billing Category: 18-RLO Claim #001470 -000390 -EP -01 HOURS 08/21/2017 TAD Receipt and review of correspondence re: revised discovery responses. Review proposed responses and prepare correspondence re: same. 0.30 08/25/2017 JAC Review and attend Chief Katz deposition; follow up notes to discuss with Chief. 3.60 08/28/2017 TAD Prepare correspondence to outside counsel re: deposition of Chief Karz and receipt of response to same. 0.30 FOR CURRENT SERVICES RENDERED 4.20 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 3.60 $195.00 $702.00 TRACEY A. DECARLO 0.60 195.00 117.00 Photocopies TOTAL EXPENSES THRU 08/31/2017 TOTAL CURRENT WORK BALANCE DUE Page: 1 09/01/2017 306-9905124 16712 0.70 0.70 819.70 $819.70 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 302 of 678 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 09/01/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905132 Boynton Beach FL 33425 STATEMENT NO: 16713 Attn: Lynn Swanson adv. Wade, George (auto accident) Billing Category: 18-RLO Claim #001470 -000380 -AB -01 HOURS 08/04/2017 IR Meeting with TAD to discuss trial order and requested dates by the Plaintiff [before the end of 2017]; prepared tickler to check online docket, check status if Amended Trial Order was prepared and sent to all parties. 0.30 08/07/2017 IR Receipt, review and initial preparation of trial order outline, utilizing information from the Order Setting Jury Trial and Directing Pretrial and Mediation Procedures, entered by the Court this date; prepared ticklers to retrieve online court docket to review and confirm the current status of discovery, as case is now on the Court's docket for trial. 0.70 TAD Receipt of trial order. Prepare correspondence to City re: same. Review information re: plaintiff status of discovery and production re: trial preparation. Review exhibits and status of depositions for pre-trial discovery. Prepare notice of trial conflict. 2.40 08/08/2017 IR Retrieved and reviewed City of Boynton Beach's trial exhibits from the previously scheduled trial period. 0.30 JAC Review case status and trial order; coordinate with attorneys re: discovery. 0.80 08/09/2017 IR Trial preparation and updates to City of Boynton Beach's Trial Notebook and Jury Instructions Trial Notebook [separating out as 2 binders]; online searches for potential trial witnesses, note previously disclosed; reviewed surveillance videos and reports from July 8, 2015 and July 9, 2015; researched Palm Beach County real property appraisers office for trial witnesses information; reviewed and updated trial witness tracking chart, for both parties' trial witness information in one central document and for use to prepare trial witness subpoenas; preparation of ticklers to ensure compliance with trial Court's order are filed timely; update of trial witness tracking chart; revised trial order outline with new trial period through December 15, 2017. 3.60 08/10/2017 IR Trial preparation and updates to City of Boynton Beach's Trial Notebook and Jury Instructions Trial Notebook [separating out as 2 binders]; online searches for potential trial witnesses, note previously disclosed; reviewed surveillance videos and reports from July 8, 2015 and July 9, 2015; Page 303 of 678 Page: 2 CITY OF BOYNTON BEACH 09/01/2017 ACCOUNT NO: 306-9905132 STATEMENT NO: 16713 adv. Wade, George (auto accident) HOURS researched Palm Beach County real property appraisers office for trial witnesses information; reviewed and updated trial witness tracking chart, for both parties' trial witness information in one central document and for use to prepare trial witness subpoenas; preparation of ticklers to ensure compliance with trial Court's order are filed timely; update to trial witness tracking chart. 2.20 TAD Receipt and review of correspondence from City re: trial order. 0.20 08/11/2017 IR Continued trial preparation; conference with TAD to discuss potential new trial witnesses, depositions, trial testimony and to obtain updated medical records and alleged business records, as claimed by the Plaintiff throughout various phases of discovery [written answers to interrogatories, deposition testimony, Complaint allegations]; reviewed draft of Timeline of Events / Plaintiffs Contradiction in Testimony [last updated in May 2017]; finalized trial order outline and cross-referenced dates to the Trial Setting Jury Trial and Directing Pretrial and Mediation Procedures, entered by Judge French on 8.7.17. 2.10 TAD Review status of discovery and prepare outline regarding items to complete before trial. Meet with IVR re: trial preparation. 1.60 08/14/2017 IR Continuation of trial preparation and review of Plaintiffs medical providers, with contact information, regarding trial and other anticipated testimony; telephone conference with Dr. Zeide's assistant regarding trial testimony and preparation of follow up email to Dr. Zeide's staff pertaining to same; prepared email to litigation team regarding same and ticklers for response; updated trial witness files and witness tracking. 0.90 FLN Discussed research assignment with Tracey DeCarlo. 0.20 08/28/2017 IR Reviewed notes from where we left off with trial preparation in April 2017; update of Trial Witness tracking chart; 1.20 08/29/2017 IR Online docket search for most recent court filings by the Plaintiff; online search and retrieval of Judge David French's trial calendar [with the final week of the docket period as listed online is October 23, 2017, the first week of our trial period, through December 15, 2017]; prepared tickler to follow up 9.6.17; conference with TAD regarding Judge French's trial calendar from 2017 into 2018 and the 8 -week docket this case falls under and pending trial preparation projects pending. 0.70 FLN Reviewed various pleadings and file documents in anticipation of related research assignment. 1.20 08/30/2017 IR Continuation of trial preparation; reviewed City of Boynton Beach's trial exhibits, continued preparation of trial exhibits, following Plaintiffs disclosures filed on 3.9.17 and the City's disclosures filed with the Court on 3.6.17, in compliance with the Court's December 2, 2016 trial order [since rolled over to current trial docket of 10.23.17]; online review of Judge French's trial calendars through 2018, reviewed listing of trials and prepared email regarding same. 2.10 FOR CURRENT SERVICES RENDERED 20.50 3,010.50 Page 304 of 678 CITY OF BOYNTON BEACH adv. Wade, George (auto accident) RECAPITULATION Page: 3 09/01/2017 ACCOUNT NO: 306-9905132 STATEMENT NO: 16713 TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 0.80 $195.00 $156.00 INGRID RIERA 14.10 125.00 1,762.50 TRACEY A. DECARLO 4.20 195.00 819.00 FARAH L. NERETTE 1.40 195.00 273.00 TOTAL CURRENT WORK BALANCE DUE 3,010.50 $3,010.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 305 of 678 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard ACCOUNT NO Boynton Beach FL 33425 STATEMENT NO Attn: Lynn Swanson adv. Caliendo, Giovanni & Emily (code violation) Billing Category: 18-RLO Claim #001470 -000400 -PI -01 08/14/2017 TAD Prepare correspondence to plaintiff re: discovery responses and deposition of plaintiff 08/21/2017 TAD Receipt and review of correspondence re: trial setting and deposition and prepare response to same. 08/31/2017 TAD Receipt and review of correspondence from plaintiff re: response to request for production. Review code file and prepare correspondence to plaintiff re: same. FOR CURRENT SERVICES RENDERED TIMEKEEPER TRACEY A. DECARLO TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.80 $195.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 09/01/2017 306-9905171 16714 HOURS 0.20 0.30 0.30 0.80 156.00 TOTAL $156.00 156.00 $156.00 Page 306 of 678 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 09/01/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905186 Boynton Beach FL 33425 STATEMENT NO: 16715 Attn: Lynn Swanson adv. Shevlin, Patrick (false arrest) Billing Category: 18-RLO Claim #001470 -000395 -PP -01 08/21/2017 TAD Receipt and review of correspondence from the plaintiff re: settlement and prepare response to same. 08/31/2017 TAD Receipt and review of correspondence from plaintiff re: discovery. Prepare correspondence to Officer Davis re: deposition and discovery responses. FOR CURRENT SERVICES RENDERED TIMEKEEPER TRACEY A. DECARLO TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.50 $195.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE HOURS 0.20 0.30 0.50 97.50 TOTAL $97.50 97.50 $97.50 Page 307 of 678 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 09/01/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905213 Boynton Beach FL 33425 STATEMENT NO: 16716 Attn: Lynn Swanson adv. Coupet, Kenson (parent of child injured) Billing Category: 18 - RLO Claim #001470 -000405 -GB -01 HOURS 08/11/2017 TAD Telephone conference with plaintiff counsel re: interrogatories and receipt of correspondence re: same. 0.30 08/14/2017 TAD Receipt of plaintiffs answers to Layne interrogatories. Prepare correspondence to plaintiff counsel re: discovery. 0.30 08/21/2017 TAD Receipt and review of correspondence re: discovery and prepare response to same. Receipt of answers to interrogatories from Plaintiff. 0.40 08/28/2017 TAD Receipt and review of plaintiffs response and objections to City's request for production. Receipt of Plaintiff minor answers to interrogatories. Receipt of Plaintiff answers to City's interrogatories. Receipt of Plaintiffs response and objection to Layne request for production. Receipt of Plaintiff minor responses to Layne request for production. 2.20 IR Receipt and review of recently filed discovery responses by both parties and preparation of tickler to follow-up relevant to additional medical providers information listed in said discovery responses. 0.30 08/30/2017 TAD Telephone conference with Layne counsel re: indemnity demand. 0.20 08/31/2017 TAD Receipt and review of notice of non-party production. Receipt and review of subpoenas to BB Fire Rescue; Bethesda Hospital; St Marys Hospital; Advanced Diagnostic Centers; Dr. Friedman; Dr. Martello; Cigna and Xerox recovery systems. Prepare request for copies of non-party records. 0.60 FOR CURRENT SERVICES RENDERED 4.30 817.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 0.30 $125.00 $37.50 TRACEY A. DECARLO 4.00 195.00 780.00 Page 308 of 678 CITY OF BOYNTON BEACH adv. Coupet, Kenson (parent of child injured) TOTAL CURRENT WORK BALANCE DUE Page: 2 09/01/2017 ACCOUNT NO: 306-9905213 STATEMENT NO: 16716 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 817.50 $817.50 Page 309 of 678 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. Ryan, Ronald (whistleblower PD) Billing Category: 18 - RLO Claim #001470 -000410 -EP -01 07/25/2017 Federal Express - Invoice 5-905-92437 TOTAL ADVANCES THRU 08/31/2017 TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO Page: 1 09/01/2017 306-9905216 16717 18.90 18.90 18.90 18.90 $18.90 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 310 of 678 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 09/01/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905224 Boynton Beach FL 33425 STATEMENT NO: 16718 Attn: Lynn Swanson adv. Sobriety Now, Inc. Billing Category: 18 - RLO Claim #001470 -000414 -EP -01 HOURS 08/02/2017 TAD Receipt and review of order regarding lack of prosecution. Prepare correspondence to City and adjuster re: same. 0.40 FOR CURRENT SERVICES RENDERED 0.40 78.00 TIMEKEEPER TRACEY A. DECARLO TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE TOTAL 0.40 $195.00 $78.00 78.00 $78.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 311 of 678 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard ACCOUNT NO Boynton Beach FL 33425 STATEMENT NO Attn: Lynn Swanson adv. Clemens, Jennifer ( Personal Injury) Billing Category: 18 - RLO Claim #001470 -000417 -GB -01 08/17/2017 TAD Receipt and review of correspondence from outside counsel and from City re: response to discovery. FOR CURRENT SERVICES RENDERED TIMEKEEPER TRACEY A. DECARLO TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.20 $195.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 09/01/2017 306-9905237 16719 HOURS 0.20 0.20 39.00 TOTAL $39.00 39.00 $39.00 Page 312 of 678 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. Victoria Fire & Casualty (a/s/o George Wade) Billing Category: 18-RLO Claim #001470 -000380 -AB -01 ACCOUNT NO STATEMENT NO 08/14/2017 FLN Discussed research assignment with Tracey DeCarlo. 08/29/2017 FLN Handled preliminary research on issues of insurance and other pending court case. FOR CURRENT SERVICES RENDERED TIMEKEEPER FARAH L. NERETTE TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.60 $195.00 HOURS 0.20 Page: 1 09/01/2017 306-9905243 16720 117.00 117.00 $117.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 313 of 678 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard ACCOUNT NO Boynton Beach FL 33425 STATEMENT NO Attn: Lynn Swanson adv. Bolt, Barbara Dilger (MVA) Billing Category: 18 - RLO Claim #001470 -000422 -AB -01 HOURS 08/21/2017 TAD Receipt and review of correspondence re: demand and demand package documents. Receipt of correspondence from the City and prepare response to same. 0.80 08/30/2017 TAD Review information on claims and review case law re: potential for exposure re: report to City on same. 2.60 FOR CURRENT SERVICES RENDERED 3.40 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 3.40 $195.00 $663.00 TOTAL CURRENT WORK BALANCE DUE Page: 1 09/01/2017 306-9905253 16721 663.00 $663.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 314 of 678 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard ACCOUNT NO Boynton Beach FL 33425 STATEMENT NO Attn: Lynn Swanson adv. Basinski, Donna (MVA garbage truck) Billing Category: 18 - RLO Claim #001470 -000422 -AB -02 08/11/2017 TAD Receipt of correspondence from city and adjuster re: status. Receipt of correspondence from excess carrier re: questions. FOR CURRENT SERVICES RENDERED TIMEKEEPER TRACEY A. DECARLO TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.30 $195.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 09/01/2017 306-9905256 16722 HOURS 0.30 0.30 58.50 TOTAL $58.50 58.50 $58.50 Page 315 of 678 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard ACCOUNT NO Boynton Beach FL 33425 STATEMENT NO Attn: Lynn Swanson adv. Basinski, Tricia (MVA garbage truck) Billing Category: 18 - RLO Claim #001470 -000422 -AB -03 08/11/2017 TAD Receipt of correspondence from City re: detailed status report and prepare response to same. FOR CURRENT SERVICES RENDERED TIMEKEEPER TRACEY A. DECARLO TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.20 $195.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 09/01/2017 306-9905257 16723 HOURS 0.20 0.20 39.00 TOTAL $39.00 39.00 $39.00 Page 316 of 678 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 09/01/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905281 Boynton Beach FL 33425 STATEMENT NO: 16724 Attn: Lynn Swanson Estime, Job (Police -Defamation Claim) Billing Category: 18 - RLO Claim #001470 -000428 -PP -01 HOURS 08/03/2017 TAD Receipt and review of correspondence from adjuster re: issues with posting. Review information provided by the City re: response to same. 0.30 08/04/2017 TAD Review of correspondence from City and claimant re: issues. Telephone conference with City re: redaction. Telephone conference with claimant counsel re: claims and changes to posting. 0.60 08/18/2017 TAD Review letter from claimant re: posting and demand and prepare response to same. Review case law re: potential claims and damages for meeting with City. 2.80 08/28/2017 TAD Receipt and review of correspondence from adjuster re: claims information and review case law re: response. Receipt of correspondence from claimant counsel re: offer. 0.30 08/29/2017 TAD Telephone call with adjuster re: issues with claim. Review additional case law re: claims for meeting with City. 0.80 08/31/2017 TAD Receipt and review of case law re: absolute immunity. Prepare correspondence to claimant counsel re: offer. 0.80 FOR CURRENT SERVICES RENDERED 5.60 1,092.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 5.60 $195.00 $1,092.00 TOTAL CURRENT WORK 1,092.00 BALANCE DUE $1,092.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 317 of 678 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard ACCOUNT NO Boynton Beach FL 33425 STATEMENT NO Attn: Lynn Swanson adv. Garber M.D., Harvey (excessive force) Billing Category: 18 - RLO Claim #001470 -000429 -PP -01 HOURS 08/02/2017 IR Receipt and review of emails in this matter; set up IVR tracking file and discussed case status and case claims by Dr. Garber with Cindy; prepared tickler to check status of case in 60 days, if filed in the Palm Beach County Circuit Court. 0.30 08/03/2017 TAD Receipt and review of correspondence from adjuster re: claims and information from the City. 0.20 08/04/2017 TAD Receipt of correspondence from adjuster and status report. 0.20 08/28/2017 TAD Receipt and review of correspondence re: preservation letter from adjuster and receipt of correspondence from City re: same. 0.20 FOR CURRENT SERVICES RENDERED 0.90 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 0.30 $125.00 $37.50 TRACEY A. DECARLO 0.60 195.00 117.00 TOTAL CURRENT WORK BALANCE DUE Page: 1 09/01/2017 306-9905282 16725 154.50 154.50 $154.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 318 of 678 Risk -Outside Counsel Robert C Okon, P.A. Harris v City, Martinez 0.00 Lewis, Stroud & Deutsch, PL -June 2017 Hill v City 0.00 Harris v City 0.00 0.00 Roberts, Reynolds, Bedard & Tuzzio, PLLC-July & Aug 2017 Yesnick v City 1,791.50 Braswell v City 0.00 Boynton Old School v City 5,329.50 Andrews v Haugh 0.00 Hill v City 0.00 Kimsey v City & Brooks 0.00 Harris v City 0.00 Broberg v City 1,692.42 8,813.42 TOTAL July & August 2017 Outside Counsel - Risk 8,813.42 Page 319 of 678 REYNOLDS, : ! ; 1 Columbia Drive,f West Palm Beach, Florida 33409 Telephone . 8 .! Tax ID No. 65-0004867 City of Boynton Beach ... P.O. Boynton Beach, FL 33425-0311 Slr;/_m314 :0 Claim BILL •R'FEES AND COSTS! 09/05/17 f] ;11 4�m I• 57MENEWT& 08/16/17 Research and review pleadings and discovery to prepare opposition to Plaintiffs Motion for Extension of Time. 08/17/17 Preparation for hearing on Plaintiffs Motion for Extension of Time to obtain new counsel. 08/18/17 Correspondence to Judge French re: City's Memorandum of Law in response to Plaintiffs Request for Extension to Time to Obtain Counsel. 08/18/17 Preparation of memorandum of law in opposition to Plaintiffs Motion for Extension to Obtain Counsel. 08/18/17 Drafting of proposed order on Plaintiffs Motion Request for Extension to Obtain Counsel per Judge's Instructions. 08/21/17 Correspondence to Julie Oldbury, City, re: outcome of hearing on Plaintiffs Motion for Extension of Time to Obtain Counsel and potential waiver of fees for resolution of case. September 5, 2017 Bili No. 9913300 032 13300 JHL 1.90 JHL 0.50 JHL 0.30 JHL 2.50 JHL 0.40 JHL 0.80 08/21/17 Appear For/Attend hearing on Plaintiffs Motion for Extension of JHL Time to obtain counsel before Judge French at the Palm Beach County Courthouse in West Palm Beach, FL. 08/23/17 Receipt and review of e-mail from Julie Oldbury, City, re: City LHR authorizes waiving fees in exchange for dismissal. 08/23/17 Preparation of email response to Julie Oldbury, City, re: City LHR authorizes waiving fees in exchange for dismissal. 08/24/17 Telephone conference with Mr. Yesnick re: discussion LHR concerning Boynton Beach waiving its attorney's fees and costs in exchange for dismissal of the case with prejudice. 2.50 0.20 0.20 0.30 Page 320 of 678 Client: City of Boynton Beach September 5, 2017 Matter: 13300 - Yesnick v. Boynton Beach Page 2 W ailil ZRI-1 Date Services Attorney Hours 08/25/17 Preparation of Stipulation for Order of Dismissal of Plaintiffs LHR 0.80 Claim and proposed Or -der of Dismissal. 08/25/17 Correspondence to Christopher Yesnick, Plaintiff, re: Stipulation LHR 0.30 for Order of Dismissal of Plaintiffs Claim and proposed Or -der of Dismissal. 08/29/17 Receipt and review of Plaintiffs executed Stipulation for LHR 0.20 Dismissal with Prejudice. 08/29/17 Correspondence to Judge French with executed Stipulation for LHR 0.20 Dismissal and proposed Order of Dismissal with Prejudice. 08129/17 Preparation of correspondence to Dr. Michael Zeide re: advise LHR 0.30 case has settled. 08/30/17 Receipt and review of Court's executed Order of Dismissal with LHR 0.20 Prejudice. 08/30/17 Correspondence to City Risk Manager Julie Oldbury re: Court's LHR 0.20 executed Order of Dismissal with Prejudice. 08/31/17 Receipt and review of e-mail from City Risk Manager Julie LHR 0.20 Oldbury re: acknowledging receipt of Order of Dismissal and final resolution of case. 08/31/17 Preparation of email response to City Risk Manager Julie LHR 0.20 Oldbury re: full and final resolution of case. PROFESSIONAL SERVICES SUMMARY Code Name Hours Rate Amount JHL Jordan H. Lewis, Associate 8.90 140.00 1,246.00 LHR Lyman H. Reynolds, Jr., Partner 3.30 165-00 544.50 Total Professional Services 12.20 $1,790.50 I DI 61J 1-11]"L Date Description 08/21117 Costs Advanced PBCC: attend hearing, Plfs M/Extensior of Time. Parking $1.00 - Jordan H. Lewis Total Disbursements ii ®' Page 321 of 678 Client: City of Boynton Beach September 5, 2017 Matter: 13300 - Yesnick v. Boynton Beach Page 3 CURRENT BILL TOTAL AMOUNT DUE $ 1,791.50 Balance Forward: 395.00 Payments & Adjustments: -395.00 Total Due: 1 J91.50 Page 322 of 678 ROBERTS, f',` 1 Columbia IIS 01 West Palm Beach, Florida41 TeIephone(561)688-6560 Tax ID No. 65-0004867 City of Boynton Beach Attn: claims@bbfl.us P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach MATTER: Boynton Old School v. Boynton Beach Claim #NIA ILL FOR FEES AND COSTS THROUGH 07/31/17 07/10/17 Review, digest and annotate appellants brief, prepare brief outline. 07/11/17 Review and draft certificate of interested persons, certificate of service and begin statement of facts. 07/12/17 Review and continue draft of statement of facts and argument on applicable cases. 07/13/17 Research of law on contract zoning, precedential value, and new cases by appellant, including shepardizing cases and downloading to file. 07/26/17 Review, research Appellant's case citations and draft argument distinguishment on cases; further drafting and citation to record in statement of facts and history of case. 07/30/17 Review, research and draft argument distinguishing Appellants arguments on case law they claim to be applicable. 07/31/17 Review, research and draft argument on Appellee's case law the judge found to be applicable and the doctrine of stare decisis. r Code Name Hours GPR1 George P. Roberts, Jr., Of Counsel 32.30 Total Professional Services 32.30 August 21, 2017 Bill No. 38041 032 13214 Attorney Aours GP91 3.80 GPR1 5.50 GPR1 4.80 GPR1 1.60 GPR9 4.80 GPR1 6.50 GPR1 5.30 Rate Amou 165.00 Page 323 of 678 Client: City of Boynton Beach Matter: 13214 - Boynton Old School v. Boynton Beach rqu.;TX.A Lik-ai-MA&U-3 W-11 IT, [*1 1] k, il d NI I] Payments & Adjustments: $ 5,329.50 5,329.50 Page 324 of 678 ROBERTS, MDv 1 Columbia 0 Beach,West Palm s .. 33409 OF-7919JO 0 , 116 :f City of Boynton Beach .. P.O. :♦ . 1 1 August 21, 2017 Bill No. 38042 Claim #001470 -000390 -EP -01 ILL FOR FEES AND COSTS THROUGH 07/31/17 o +Y, Date iAttorney Hours 07/03/17 Correspondence to City Risk Manager Julie Oldbury re: LHR 0.20 Plaintiffs Motion for Enlargement of Time to Respond to City's Second Interrogatories & Second Request for Production and advising 15 day extension agreed upon. 07/05/17 Telephone conference with Dr. Robert Brodner re: status of RKD 0.30 records pertaining to Plaintiff, Leif Broberg, pursuant to subpoena duces tecum. 07/05/17 Telephone conference with Spine Institute of South Florida re: RKD 0.30 status of records pertaining to Plaintiff, Leif Broberg, pursuant to subpoena duces tecum. 07/05/17 Second telephone conference with Spine Institute of South RKD 0.30 Florida re: status of records pertaining to Plaintiff, Leif Broberg, pursuant to subpoena duces tecum. 07/05/17 Receipt and review of records pertaining to Plaintiff, Leif LHR 0.30 Broberg, received from Spine Institute of South Florida, pursuant to subpoena duces tecum. 07/05/17 Telephone conference with Erica Cortes at Seminole Legal JHL 0.30 Department to follow-up on letter send requesting Broberg's employment application & records. 07/10/17 Receipt and review of e-mail from FBI agent, Lawrence LHR 0.10 Colagiovanni, re: contact email address. 07/12/17 Receipt and review of e-mail from Plaintiffs counsel, Adrian LHR 0.20 Alvarez, re: hearing on Defendant's Motion to Strike Plaintiffs Affirmative Defenses. 07/12/17 Preparation of e-mail to Plaintiffs counsel, Adrian Alvarez, re: LHR 0.20 hearing on Defendant's Motion to Strike Plaintiffs Affirmative Defenses. Page 325 of 678 Client: City of Boynton Beach August 21, 2017 BrobergMatter: 15414 - i et al. Page 2 -# a Date Services r 07/12/17 Drafting of proposed Order on Defendant's Motion to Strike LHR 0.20 Plaintiffs reply to Defendant's Affirmative Defenses. 07/13/17 Correspondence to City Risk Manager Julie Oldbury re: LHR 0.20 Plaintiffs Notice of Hearing on Defendant's Motion to Strike Plaintiffs Reply to Affirmative Defenses. 07/13/17 Telephone conference with Seminole Tribe legal department JHL 0.20 following up on request for Broberg's employment application. 07/17/17 Receipt and review of Plaintiffs Unverified Answers to LHR 0.50 Defendant City's Second Set of Interrogatories and Notice of Serving same. 07/17/17 Receipt and review of Plaintiffs Response to Defendant City's LHR 0.50 Second Request to Produce. 07/17/17 Receipt and review of Plaintiffs Response to Defendant City's LHR 0.50 Request for Admissions. 07/20/17 Telephone conference with Ricardo Reyes, Esq. re: status of JHL 0.20 authorizations for Plaintiff, Leif Broberg's execution pursuant to City's Motion to Require Plaintiff to Sign Authorization dated June 2, 2017. 07/21/17 Telephone conference with Ricardo Reyes, Esq. re: status of JHL 0.30 authorizations for Plaintiff, Leif Broberg's execution pursuant to City's Motion to Require Plaintiff to Sign Authorization dated June 2, 2017. 07/21/17 Preparation of e-mail to Ricardo Reyes, Esq. re: status of LHR 0.20 authorizations for Plaintiff, Leif Broberg's execution pursuant to City's Motion to Require Plaintiff to Sign Authorization dated June 2, 2017. 07/26/17 Review and analyze Plaintiffs Response to Request for JHL 0.50 Admissions for follow-up discovery requests. 07/26/17 Telephone conference with Mr. Petrie, US Attorney, re: status LHR 0.30 of providing FBI interviews with Broberg. 07/28/17 Telephone conference with Julie Oldbury re: status of errata RKD 0.30 sheet for Chief Jeffrey Katz. 07/28/17 Receipt and review of e-mail from Julie Oldbury re: executed LHR 0.20 errata sheet of Chief Jeffrey Katz. 07/28/17 Telephone conference with Erica Cortes re: City's request for JHL 0.30 employment application and other records from Seminole Tribe. 07/28/17 Initial Draft supplemental interrogatories to be propounded JHL 0.90 upon Plaintiff. 07/28/17 Initial Draft supplemental requests for admission to be JHL 0.80 propounded upon Plaintiff. 07/28/17 Research case law and Florida Rules for Motion to Override JHL 0.70 Objections/Compel Answers to City's Request for Admissions. 07/28/17 Initial drafting of Motion to Override Objections/Compel JHL 1.50 Answers to City's Request for Admissions. Page 326 of 678 Client: City of Boynton - August 11 Matter: 15414 - Broberg • o: Beach et al. Page Date Services Attorney Hours 07/31/17 Preparation of correspondence to Prestige Reporting Service, LHR 0.30 inc. re: executed errata sheet of Chief Jeffrey Katz. =T*15 qTffoTLTTW:5l Fri to Code Name Hours Ratet JHL Jordan H. Lewis, Associate 5.70 140.00 798.00 LHR Lyman H. Reynolds, Jr., Partner 3.90 165.00 643.50 RKD Rebecca K. Davis, Paralegal 1.20 80.00 96.00 Total Professional Services 10.80 $1,537.50 al E --i- 11:x. 1A►i& Date Description Amount 07/10/17 Outside Printing medical records - Robert A. Brodner, M.D. 135.65 07/13/17 Outside Printing public records - Town of Gulf Stream 19.27 Total Disbursements CURRENT BILL TOTAL AMOUNT DUE $ 1,692.42 Balance Forward: 6,430.45 Payments & Adjustments: -6,430.45 TotalDue: 1,692.42 Page 327 of 678 6. F. CONSENTAGENDA 9/19/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/19/2017 REQUESTED ACTION BY COMMISSION: Approve the minutes from the Special City Commission Workshop - Update on Town Square held on August 21, 2017. EXPLANATION OF REQUEST: The City Commission met on August 21, 2017, and minutes were prepared from the notes taken at the meeting. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? A record of the actions taken by the City Commission will be maintained as a permanent record. FISCAL IMPACT: Non -budgeted N/A ALTERNATIVES: Do not approve the minutes STRATEGIC PLAN: High Performing City Organization STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Minutes Description Minutes -08-21-17 Page 328 of 678 MINUTES OF SPECIAL CITY COMMISSION MEETING HELD ON MONDAY AUGUST 21, 2017 HELD IN THE LIBRARY PROGRAM ROOM 208 SEACREST BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Steven B. Grant, Mayor Justin Katz. Vice Mayor (arrived 6:43p.m.) Mack McCray, Commissioner Christina Romelus, Commissioner Joe Casello, Commissioner 1. AGENDA ITEMS A. Call to Order - Mayor Steven B. Grant Mayor Grant called the meeting to order at 6:00 p.m. Invocation Commissioner McCray gave the invocation. Pledge of Allegiance to the Flag Mayor Grant led the Pledge of Allegiance to the Flag. ROLL CALL Lori LaVerriere, City Manager James Cherof, City Attorney Judith A. Pyle, City Clerk Judith Pyle, City Clerk, called the roll. A quorum was present. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Mayor Grant asked for a Motion to Approve Motion Commissioner McCray moved to approve. Seconded by Commissioner McCray. B. Update Commission on own Square - Phase 1 Page 329 of 678 Special Meeting Minutes City Commission Boynton Beach, Florida August 21, 2017 Colin Groff Assistant City Manager indicated he was also acting as the Program Manager for this project. He wanted to go through where they are on the project. He indicated that the contractors would present their portions to the Commission. Commissioner McCray asked if questions were allowed. Mr. Groff responded this was an interactive workshop for the elected officials. Lori LaVerriere City Manager, asked for introductions of the contractor. Mr. Groff introduced Mark Hefferin with E2L Real Estate was in charge as the master developer. Wayne Dunkelberger was the primary architect for the Town Square project, Robert High was the contractor for the Police and Fire stations. The team consists of the City of Boynton Beach, Boynton Beach Community Redevelopment Agency. E21L Real Estate Solutions, ADG Architects, for the Police and Fire station, HG High Constructor for the Police and Fire station, REG Architects and Rick Gonzalez for the High School, Straticon was the High School contractors, Baker Barios Architects for City Hall and all the infrastructure downtown, Haskell Construction was the contractors for the infrastructure downtown. Kimley Horn was the primary engineers for all the projects that were being built downtown, JKM Developers are the private developers for the residential portion of the development. E2L are the developers for the commercial portion of the project. There have been many meetings for this project. Commissioner Romelus asked where and how long this meeting was advertised. She stated that she received a few phone calls stating that this meeting was not advertised as much as the other input meetings. Mr. Groff stated that the meeting was advertised two weeks ago, The City used all the same media outlets that were used for the input meetings. This meeting was put together two weeks ago when it was determined that the Commission needed to do a workshop and an update on the project. All the other media outlets were used. The only items that were not used were the brochures. Ms. LaVerriere stated that there was going to be more meetings with the Commission. The City would do everything to get the information out to the public. Commissioner McCray stated that there are four weeks in a month, and two Commission meetings per month. This was an inconvenience to add all of these meetings; these items should be included in the regular Commission meeting. Ms. LaVerriere indicated that was the goal. Mr. Groff agreed that these meetings should be scheduled at the regular Commission meeting. The goal was a workshop for the elected officials. This workshop was to update the Commission on the current status, Public Workshop Summary, and High School N Page 330 of 678 Special Meeting Minutes City Commission Boynton Beach, Florida August 21, 2017 Renovation, Police Department Site Plan, Town Square Site Plan, City Hall/Library (Information, Tech and Arts), District Energy Utility which was the chilled water plant, and then there are some decisions that needs to be made. Mr. Groff continued saying that the conceptual building footprints and space programming has been completed. The conceptual site plans are complete. The City knows how much space was needed in the new building. There have been two public workshops on the playground and architectural styles. There have been multiple financial planning meetings conducted. He said that the High Schools are in the process of getting the permits of the remediation / abatement underway. Commissioner McCray noted that since the fence went up parking has been a premium at City Hall. The employees should not park in front of City Hall. He stated that he has received many complaints. Mr. Groff stated that the employees must park farther away so that the customer has space to conduct business at City Hall. Mr. Groff stated that parking would be at a premium until the garage was built. Mr. Groff noted that the current schedule was as follows: August 21, 2017 tonight was for the Commission's Update. August 22, 2017Job Fair for the New Town Hall was in full swing. The sub -contractors were going to have a morning session and the afternoon would be for those looking for jobs. There are a lot of people signed up for the job fair. August 24. 2017 would be the Open Space/Public Art Workshop, this was the last workshop. September 19, 2017, Tentative Commission Update (if needed), would be done at the Commission meeting. September 28, 2017, Draft Site Plan/Building Plans, based on what happens tonight. October 17, 2017 hopping to have some Draft Financial Plan for review to make any decision. November 7, 2017, Town Square Phase II, Phase II Commission decision to move forward. Mr. Groff stated that he public workshops staff heavily promoted the public workshops and job fair using multiple outlets including: Postcards (5,000) Flyers (5,000) 3 languages, press releases (3) Social Media Outlets, Outdoor Promotional Signs, Email distributions to HOAs and Churches, City website, Commission meeting announcements. These workshops have been well attended. The first workshop was on the playground. Mr. Wayne Dunkelberger said that the first workshop was on the playground, there were about 40 people who showed up at the workshop. He noted that safety was the most important issue that was heard from the public, and saving pieces of the playground. Commissioner McCray asked if they are able to save any of the pieces from the historical playground. Was there a decision made what would be saved? Mr. Dunkelberger stated that the team was looking at what could be saved. There are pieces that could be salvaged. Mr. Dunkelberger noted that approximately 70 people attended the workshop on the architectural styles. There were three distinct styles 3 Page 331 of 678 Special Meeting Minutes City Commission Boynton Beach, Florida August 21, 2017 presented. The Mediterranean Contemporary, Classical Mediterranean and Coastal. The Contemporary Mediterranean was the leader out of the three styles presented. The input from the public the developer would look at those three styles. Mr. Groff said that they had great feedback from the public. The developers believe the citizens chose the Mediterranean contemporary with a flare of coastal influences was the clear winner. This would be unique for Boynton Beach. There was a lot of discussion on colors. The ocean type colors were what the citizens wanted. The public did not want loud or dark colors. Commissioner Romelus stated that she was unable to attend; she wanted to see the different colors and styles. Mr. Groff stated that he would send her some pictures of what was presented. This information was placed on the website. The people did not like the neo classical look; it looked too much like other cities. The Classical Mediterranean was also like other cities. Mr. Dunkelberger stated that in addition to that, the public liked the ability to offer open space and have that architecture provide shade and areas where people could gather. Mr. Groff provided the outdoor space built into the building also provided an outdoor connector to the different areas. When you get to the building footprint the Commission would see how it goes together. Commissioner Casello indicated that he was at that meeting and asked if they spoke about the different paints. Such as the reflective paints. Mr. Dunkelberger stated we talked about reflective paints. The workshop spoke about whites and grays; we also spoke about paints that can save energy on the building. He said they spoke about how paints and roof colors support that concept. Mr. Groff indicated that the High School has been fenced in. He continued they are working on the permits to do the dry in of the building. The abatement must be done first, removing all of the contaminated materials, and then we can go back in and see what can be saved and what needs to be done in order to build a new civic center inside the High School. The temporary utility has been set up. The art work has been relocated. They are coming up with a parking plan. The contractor tried to get the fence as close to the building as possible, while keeping it safe for the public. They are also working on the roof demolition permit. Commissioner Casello stated that he went into the High School with Mr. Livergood with a hazmat suit. He asked structurally, after the bad stuff has been removed are there going to be some type of surprises. The City has earmarked a certain amount of money for the High School, are there going to be any surprises. 4 Page 332 of 678 Special Meeting Minutes City Commission Boynton Beach, Florida August 21, 2017 Mr. Groff replied that Straticon was very conservative with their numbers. The numbers provided by Straticon was the worst case. The numbers included demolishing of everything, only leaving the outside walls. There are many things that could possibly be saved. We are hoping that once we do the abatement, that the cost would be less. There are some things that that are finding that look good. There are some timbers that could be saved; the problem was that no one could go into the building without hazmat suits. Commissioner Casello said the money that was earmarked, was for the worst case scenario. Mr. Groff replied that was what he believed that was worst case. With construction there could always be surprises. Mr. Groff stated that they are staying close to the original plans. The developers are still looking at if we can put some retail businesses. All the things that are being done in the civic center will be able to be done at the High School. The first floor would be used daily. The City was looking at ways in which the rooms can be opened up so that the rooms could be used during the weekend. Between the library groups and the recreation department these rooms would be used daily. Commissioner Casello asked for names of agencies that would use these rooms, seven days a week. Mr. Hefferin replied that they have had interest from event planning group come in. He stated more so for the upper floor. There was a lot of interest from the hotel component. He stated that the City could have dance recital and other functions. Commissioner Casello said this was not if we build it they would come scenario. Mr. Groff stated that they have spoken to many event planners. They all say there was nothing like this in South Palm Beach County. During the week, the Parks and Recreation Department would use the center. During the evening and the weekend if we build it right, we would be able to rent it out. Mr. Groff indicated they are looking at the rooms to be multipurpose rooms. The gymnasium would be great, there could be events for 500 people for concerts, setting up for wedding and events. Commissioner Casello noted that Mr. Groff continues to say if we do it right. I am under the impression we are going to do it right. Mr. Groff stated that the City has a great team, they have done a lot of these building in Palm Beach County, and these buildings are being designed as functional. Commissioner Romelus requested clarification on where the buildings are located. She asked where Seacrest and Ocean Drive was located. Page 333 of 678 Special Meeting Minutes City Commission Boynton Beach, Florida August 21, 2017 Mr. Groff replied what was being presented was east. The gym was on the back. This was very conceptual, full restroom facility. There would be an elevator out front. It was taking the High School and turning it into a civic center, using the similar layouts looking at opening up rooms on the 2"d floor. Commissioner Romelus said on that side she was envisioning glass. Mr. Groff replied one thing about the historic building; we would keep the windows as they are, maybe some of the windows could be turned into French doors. We are trying to convince the historic architect to do. If the historic architect say absolutely not, and say that it would ruin the historic character of the building. Opening up the building to the park would be nice. Commissioner Romelus noted that on that side she was envisioning glass, could see the inside form the outside Mr. Hardin stated that adaptive reuse, how do we take an old building that has some vintage qualities and make it fit into the master plan. It is not just an old historic building. We could make it functional; it creates uses for the community. Part of the suggestion that you are talking about, we cannot go into the building and re fagade. There are limitations for historic buildings, do everything that been done. How can we interact with that and the access ability? We do discuss it. Because historic art they try to be an asset. We do have the functionally for today's use Commissioner McCray stated that the City was calling it Town Square and Delray Beach called theirs Old School Square. They renovated their auditorium, now they cannot find anyone to use it. Mr. Groff replied program wise, the City has both the first and the second floor to be used. What we are talking about was for after hours and weekends. We cannot guarantee people would want to use it. Mr. Groff stated that the City needed space for their programs. Mr. Groff stated he cannot grantee that someone would rent it out. This building does give the City the space that was needed for other City programs. Commissioner Romelus said if we are going to build to suit, term of trying to attract wedding planners and event planners, are we also consulting them as with what they would want to see in a building. Mr. Groff indicated that on the team there is an event planner. Everyone has an input. We have had a lot of discussion. At the same time Parks and Recreation Department need to look at this as well. This was a City building for those programs. Commissioner McCray asked if the developers have made the schematics of the elevators. Page 334 of 678 Special Meeting Minutes City Commission Boynton Beach, Florida August 21, 2017 Mr. Hardin stated that some exist and some are new. The concept was to have the stairway and the elevator will be adjacent to the stairway. One means to access the elevator. Mr. Groff said he believed that it was on the west. Commissioner McCray asked if there are two elevators. Mr. Groff replied that they are planning on having one elevator for the public and one as a freight elevator or a dumb waiter, for the food to go up to different floors. Commissioner McCray indicated that if the City was expecting to host an event with 500 people, there needs to be more than one elevator. Mr. Groff stated that was going through to figure that out. Jeff stated that staff has been in conversation with different vendors; they are working fulltime on how to solve some of the issues that have been raised tonight. Considering the sound and the acoustical and low voltage and sound, considering the facts that we have a budget, we have had several discussions with the structural engineers. Mr. Groff explained he hoped to have that information at the end of September; he wanted to show the Commission the concept of the new building. Commissioner Casello stated that the mention of the hotei. They could possibiy use these rooms for small conferences and meetings. He asked could that mean that they could mean a smaller footprint for the hotel. Mr. Hefferin replied that there are different models of hotels; he does not see a conference hotel based on the size of the lot. The concept was to allow the Old School House is the conferencing center, and let the hotel be solely a hotel. Commissioner Casello stated that he liked the term conferencing center. Mr. Groff stated that High Construction would discuss the Police Department site. Robert High, HJ High Construction responded that they have made progress on the new Police headquarters on the High Ridge site. A combination of a one-story and a two story facility, the possible square footage was about 54,000 square feet. The one story on one side would be a community room that could be used by the City, and the community. There was shared parking with the Fire Department, also some underutilized parking area as well as secure officer parking area to protect the officers. This was denoted as # 6 on the site plan. The thought process was to have a clear delineation between the public and the Police Department with some shared space. He stated that Item 9 would accommodate some vehicle parking as well as for over flow staff parking or additional buildout. He stated that was the concept site plane for the Police Department. Commissioner McCray stated that he understands that there are some storage spaces around the City. He asked can some of that storage be .taken out and relocated to the Page 335 of 678 Special Meeting Minutes City Commission Boynton Beach, Florida August 21, 2017 Police Department. Mr. High said at this point the storage that they have now was for the Police Department. Mr. Groff interjected it would be one of the uses for building nine. Except for the firing range, this would remain. The other storage an area was to be moved into this site. Commissioner McCray noted that what he was speaking of, the evidence storage room. Please explain what you mean about a vehicle storage building. Mr. Groff replied that building nine was for the Police Department specialty vehicles, such as the their ATV, SWAT vehicle, some type of large Humvee. Commissioner McCray stated that he needed to know what he was voting on. Would there be a place where other things can be stored? Mr. Groff stated that building nine would be used to bring all the different storage items to the Police station on High Ridge Road. Commissioner Casello said a few years back there were some plans that were drawn up for a new police station; would any of be incorporated into the new building. Mr. Groff stated that those plans were used as the base. He said that the City was using the same architect that did the original plans. The building footprint has been changed. Commissioner Casello asked what the square footage of the new building was. Mr. Groff replied that originally the square footage was 74,000 feet, which has now been cut back to 54,000 feet. Mr. Groff stated that he has been in conversation with the Police Chief and he was in agreement with the reduction. Commissioner Casello asked why the City needs two conference rooms. He indicated that there was a nice conference room at Fire station #5. Mr. High stated that this was not a conference room; this was more of a community auditorium that can be used as multifunctional for both the Police department and for City events. Commissioner Casello understood that was why the City was building the Civic Center for community events. Commissioner Casello said that the residences are not going to go out to high ridge road. People are not going to go to high ridge room for community events. Mr. High replied that the goal was for interaction between the public and police. Having an area that fosters communication. Commissioner Romelus summarized that the City could potentially use the High Ridge area for community events such as quarterly award ceremonies. Mr. High indicated there was a plaza area which could be an area for public art. Commissioner Casello inquired if this was a police station? Mr. Groff replied that it was required to have public art. 0 Page 336 of 678 Special Meeting Minutes City Commission Boynton Beach, Florida August 21, 2017 Mayor Grant noted that the City was trying to make it friendlier to our community so they are not afraid to go to the police and have more involvement with the police. The Police Department has programs at the middle school, such as the Boys in Blue. Some students who leave the High School and do not have any place to go, could use the room as a safe place. Mr. Groff agreed that was the plan. Commissioner Casello asked how the people would get there and Mayor Grant asserted that they could walk. Mr. Groff said that this was not a difficult place to get to. Commissioner Casello argued this was not a neighborhood oriented area. Mr. Groff stated that the team toured the more modern police stations and they all had these community rooms. Commissioner Casello opined that was so far out of the community it was not approachable. Mr. Groff noted that being off of Gateway and 1-95 was fairly easy to get to. The question was how often the room would be utilized. Ms. LaVerriere indicated if anyone has driven down Miner Road recently where you have seen cars at the gun range, the Police Department partners with other law enforcement agencies and the school board to provide training for a regional impact. She stated that this was a wonderful opportunity to grow out and partner with other agencies. Chief Katz, Police Chief, indicated the Boynton Beach Police Department has 12 outside regional classes for other law enforcement officers. The Police Department does quarterly town hall meetings, quarterly award ceremonies, Teen Police Academy, Citizen Police Academy. We do more community town hall outreach meetings. It is another thing to invite the community to come to the Police Department. We still have plans to move the town hall meetings around the City. We would like to have the public come to their police department. When we have a press conference, we would like to have the public come to their Police Department. The space in the fire department can accommodate 30 or 40 people. Commission McCray said that the space was reduced from 74,000 to 54000, what was the life expectancy of that building. Chief Katz replied that the building has a fifty year life span. The way in which it was designed so when additional space was needed it can be added. Commissioner McCray noted with that in mind, additional areas could be added if needed. Chief Katz indicated that in the future we would be able to add space as needed. Commissioner Casello offered the idea was community policing is to go out to the community not the other way around. For people to come to the Police Department to feel safer and welcomed falls on his deaf ears. Commissioner McCray noted he was glad they were doing something for the Police Department. He would vote for the police station. 9 Page 337 of 678 Special Meeting Minutes City Commission Boynton Beach, Florida ust 21, 2017 Mr. Groff indicated that they were 9 different site pians. There are some issues, it forces traffic on SE 2, and we do not want to put heavy traffic on second. Commissioner McCray asked how old the Library building was. Mr. Groff sated that the Library was 10 years old. The plan is to demolish all Library structures to provide a combined structure, additional private land for development and a buffer for the residential section south of the Square, open SE 1St Avenue to Searcrest Boulevard and remove Town Square traffic from SE 2 Avenue. Also the City wanted to create larger green areas and activity space in the Square and to design a City Hall and Library with a 21St Century building and have a comfort level for the employees. Mr. Hefferin indicated the plan was the original layout in the northern end of Town Square. The Southern end has changed radically. We started off at the hotel, as you were coming up Boynton Beach Boulevard; you are seeing a magnificent addition to the current area where the City Hall is located. The proposed parking garage would allow for the road to remain open for both pedestrians and vehicles. Then open up the green space that now opens up into the park. We want to create something special for the public and the staff. it was also the location of the energy plant we are proposing. Mr. Hefferin stated the new fire station has two story and three bays to replace the one was currently on Boynton Beach Boulevard. Mr. Hefferin indicated that the developers were in negotiations with the current owner of the post office property. The idea was to have a new state of art entrance to Town Square. He continued to say at one point they were looking at a senior living facility, the developers realized that was not the best idea for Town Square. The current residential area will contribute to Town Square. There will be some parking that would serve the City. There was a connector link to link both buildings. There also would be a short notice parking area, and parking for the proposed apartments. The key was opening up the green space. He understood that there was some concerns about the park. Commissioner McCray asked if the parking garage for the employees would have a gate or a pass in order to get into the garage. Mr. Hefferin indicated there would be 1200 covered parking spaces. Right now there are about 425 spaces. There was a parking study done, the Library, Children Museum, some retail space within the parking garage. Commissioner McCray indicated the City has retail space they cannot give away. He hoped this would not be a problem. Mr. Hefferin noted that it does not need to be programmed in, but the developers were the ones that provided him with the information. In order to activate these streets, they were asked to include restrooms. Commissioner Casello noted that he lives west of military; why would he come here. Mr. Hefferin replied for the major events. Zo Page 338 of 678 Special Meeting Minutes City Commission Boynton Beach, Florida August 21, 2017 Commissioner Casello stated that the City has two major events, Barney Blast and Pirate Fest. Mr. Hefferin advised the concept was to activate Ocean Boulevard all the way to the Intracoastal. He said people do not come to the down town. There was a lot of activity with the Library and with the City programs. Commissioner Casello stated that people come to the library, it was not an event for people to come to the library, and people do not come to the Library as an event. Commissioner Casello stated he had visions of tree line streets, people walking the sidewalks, with little unique shops. What he sees now is an apartment building and parking garages. Mr. Groff indicated when you look at the CRA plan, from Ocean to Seacrest, from there to Federal Highway, was what was planned. The government buildings must be placed somewhere. City only has two events. he noted that cities that do this well have events weekly in their downtown parks. Commissioner Casello asked to be shown the space where the events would be. Where are the shops and restaurants? Mr. Groff described where Ocean starts for four blocks would be shops and restaurants. Commissioner Casello only saw white space. Mr. Groff advised that was not owned by the City. This was private development. It was what the CRA plan was encouraging to start to build the development. Commissioner Casello said the City was looking for encouragement. Now the Library is separate, now we have put monstrous building of concrete. The problem was to make the green space very small. We do have avenue building foot print. Mr. Groff noted the first plan was very linear. The problem was it blocked the streets and put all the traffic on 2nd Avenue. Also it strung the building over two blocks. The developers are now proposing 4 stories. Everyone has been asking where the shops are. The City Hall must be some place. Commissioner Casello sought clarification where these events are to be held. Mayor Grant stated one of the things that the City has was the food truck invasions. Whenever there are events the City could have some food trucks. He asked was there going to be some parking available for the food trucks. 11 Page 339 of 678 Special Meeting Minutes City Commission Boynton Beach, Florida ust 21, 2017 Mr. Dunkelberger stated that they have created an active zone, which would activate that area; this was the core of the master plan. Mr. Groff noted that he would close off the streets for these events. Mayor Grant asked if the City was going to block off Ocean Avenue for those events. He said that Atlantic Avenue could not be blocked off any longer. Mr. Groff stated that that City does not have those events, only for the 4th of JUly. Mr. Hefferin suggested to the Commission, one of the concepts that they have would be to come to the event and be able to leave when needed. The entire area would be secure, during a big event it could be locked down. Major Grant stresses that this would be a pedestrian friendly area; need to make sure that cars could not come in. Mr. Hefferin stated that he has been asked by the City to make sure that the entire area could be locked down for a specific event. Unless there was an emergency, there would not be any vehicles allowed. Major Grant noted that we want to make sure that cars could not come in on the pedestrians. Commissioner Romelus pointed out on NE 1`t Avenue that this was a through street with a parking garage. Mr. Hefferin indicated that the garage would have a raised first floor so that if trucks need to get in there to pick up debris that would be available. Commissioner Romelus asked if fire trucks would be able to go through. Mr. Hefferin stated that he was not sure of the height; he believed that it would have a 14 foot clearance. Commissioner Romelus noted if someone was coming from SE 1St , they would need to go up SE 1St Street, walk across and around the pedestrian connector than get into the building. Mr. Hefferin stated that there are a couple of ways. If you are parking, that would be the preferred parking. Ms. LaVerriere stated that we have on street parking along Ocean and Searcrest. Mr. Groff stated that we will be meeting with the County regarding Searcrest and on street parking. Parking was the biggest challenge. It does look as though it would be a long walk, but it was not. Commissioner Romelus asked if the walkway was covered. Mr. Groff confirmed. Commissioner Romelus saw 12 parking spaces should be for the Commission. Mr. Groff replied this would be transit employees during the day and for the Commission for their meetings in the evening. The proposal was for employee and staff. He stated that he was waiting for the Commission input. Commissioner Romelus felt there should be some reserved parking for the Commission during their meeting. 12 Page 340 of 678 Special Meeting Minutes City Commission Boynton Beach, Florida August 21, 2017 Mr. Groff stated from a safety issue the Commission would have a secure area, the proposal would be fluid. Commissioner McCray stated that right now he was not buying this. Commissioner Casello wanted clarification about the seven -story, 834 space garage. Was this a tunnel, would the public be able to drive through? Mr. Groff clarified that it was like a tunnel, but not closed in or underground. Commissioner Romelus saw apartments; she did not see any townhomes or single family homes. Mr. Groff agreed it was for multifamily, but this has not been decided as of yet. Mr. Markey interjected at this time nothing has been provided. Everything was designed to be apartments. What was being done was a new type of urbanism. He said the single family neighborhood was all around us. This was the new urban core, what the developers are trying to soive problems. He stated his team was working on the building every day. He noted there was a need for reconfigurations and there needs to be eyes on the street. Mr. Markey said he believes the building crowds the Children Museum. There was discussion of building heights whether two or three stories. Commissioner McCray asked if they have a plan on what would be on Ocean. Mr. Groff indicated these plans were evolving daily. Mr. Groff stated that the High School and the School House Museum will be kept. The High School would be repurposed to keep the building historic. Commissioner McCray asked when the Commission would see another rendering. Mr. Groff indicated by the end of September. There should be more information provided. Mr. Markey mentioned the design was a process. Commissioner McCray wanted foot traffic on Ocean Avenue. Commissioner Romelus inquired about the little alcove has there been discussion on acquiring the property. Mr. Groff advised the City has not had any contact with the property owner. Commissioner Romelus asked if the developer has approached the owner of the property to ask about acquiring the property. Mr. Hefferin stated they have had discussion to work with them to make them part of the overall planning. This would make a great addition to the park; it completely opens up on Ocean Boulevard. 13 Page 341 of 678 Special Meeting Minutes City Commission Boynton Beach, Florida August 21, 2017 Commissioner Casello wanted to think outside the box. Why not get the Women's Club moving it up facing the green space. Why not move the police station across from the fire station, keep the police station in the Heart of Boynton. Why not sell the property on High Ridge Road; it is worth millions. He recalled the City has been approached by hotel chains on the possible acquisition of that property. He felt what was being shown to the Commission was very weak. Mr. Groff stated that he loved the idea about the Women's Club, but in order to have the police station; it would mean that it would be 8 stories. Commissioner Casello asked what was the height of the hotel be on the corner? Mr. Groff stated that the hotel would be 8 stories. Commissioner Casello thought it would make a nice bookends. Major Grant stated that he was excited about it. Along Ocean Avenue and NE 1st was up to debate; maybe the City needs some commercial activity. We will have a chilled water plant, some type of job growth in the downtown area. Whatever we can do to save the trees, he understands that they would be tearing down some trees. Commissioner McCray stated he was not in agreement. Vice Mayor Katz indicated he wanted to piggyback on some of the concerns about the residential configuration on Ocean. He would like to see retail on the ocean frontage. He stated if this was a true mixed use project, then most of the residential should be on top of the retail. Most of the vacant retail downtown was vacant because there is not enough economy there for them to be successful. He said he wants to see more retail. He does not think there would be an absence of foot traffic. Vice Mayor Katz stated that if there was ample seating he was sure that it would fill up. This would be the first phase. He does not have a problem with the configuration. He said that this should be more imaginative. Commissioner Romelus noted starting at NE 1st going east is this where the proposed Villages were going to be. Ms. LaVerriere added near the railroads. Commissioner Romelus indicated she would like to see more retail on Ocean. She was a little confused, on the west side of the school. She indicated she liked Commissioner Casello idea of the Woman's Club. She indicated that the women club could be the bookend. She liked what had been done. Commissioner Casello said that he would not vote for any site plan that would have a tunnel. The other thing was that he believes that the Library should be in a separate building. We need to do a little more for the residential area. Mr. Groff noted that what the Commission would be reviewing the combined City Hall and Library. This was just the foot print. 14 Page 342 of 678 Special Meeting Minutes City Commission Boynton Beach, Florida ust 21, 2017 Mr. Dunkelberger stated the plans have been rotated 90 degrees. He showed the plans of the City Hall and Library on the first floor. It could be closed off and secured. He indicated that in current City Halls has been heavy community, moving away from the typical office setting. Commissioner Mc Cray asked where he could see one of these City Halls. He stated he would like to take a tour. Mr. Dunkelberger said that could be seen in in Orlando. He said that he would be glad to provide a listing of other places. Commissioner Romelus asked to make sure the orientation is the same throughout the presentation. Mr. Dunkelberger stated that on the 2nd floor the Library, the plans for the Library has not been completed. He continued on the 3rd floor more of the traditional offices. This would have some public areas. Commissioner Casello stated with the new Library, with Wi-Fi, people are reading less and less. The County has a few libraries. Commissioner Casello asked do we really need a Library? Would this have the high tech information? Mr. Groff stated he had some great ideas for the high tech library, such as the genius bar. Commissioner Romelus was speaking for herself; she does not need an office. if a Commissioner needs to meet with someone they could utilize the retail space or a communal office Commissioner McCray noted that the Commission was only here for a short period of time, a new commission maybe elected and they could use the rooms. Commissioner Romelus indicated she did not want to create a room for each Commissioner. Mr. Groff said they were looking into alternatives to rooms for each Commissioner. He continued to say that the Library would be a very cool place for people to gather information and get things done. Commissioner Romelus suggested a "Makers Space"; she would love to partner with Universities and Colleges. Mr. Dunkelberger stated that they would have some "Makers Space" on the first floor. Commissioner McCray acknowledged we already have a barter system. Mr. Groff offered one of the things that was requested was the District energy plant. A consultant was hired to see if it was feasible to have an energy plant in Boynton Beach. The study showed that it was feasible to construct a plant for both public and private buildings. The quality efficiency and operation cost advantage to a central chilled water plant generating and distribution solution for the Town Square development would be beneficial. Customers served can avoid the initial cost of that cooling equipment. The 15 Page 343 of 678 Special Meeting Minutes City Commission Boynton Beach, Florida August 21, 2017 basic cost would be about $10 million. The district energy plant would make money and cut down on the foot print of the building. The conceptual location for the plan was for a two-story facility that would match the High School and have a noise attenuation which would be included. Commissioner Casello asked to see some pictures. He also wanted to make sure that the facade would match the Old School House. Mr. Groff stated that he does not have any pictures in the package. Commissioner Casello asked about the space between the High School and the energy plant. Mr. Groff replied that it would be larger than an alleyway. It was more for employee use. It was about 15 feet. Commissioner Casel.lo asked if the energy plant would be able to serve the Town Square. Mr. Groff responded that it would serve everything in the Town Square, plus outside of that area as well. Commissioner McCray asked if the E2L Solutions and LLC solutions were the same. Mr. Hefferin stated that they were the same company. Commissioner McCray asked if this would be fenced in and try to make something nice. Mr. Groff indicated that the building would not have a fence. The energy plant would be within a building. It would not look like an energy plant. Commissioner McCray said he has seen a plant with something with water rolls down. Mr. Groff said that was the cooling tower. It would be on the second floor, but we will put the sound attenuation around it, so that it cannot be seen or heard. Mr. Groff stated they designed the building to look like it was part of Town Square. The developers can design the building to look like anything. Mayor Grant asked the life span of the chiller system, was it the same as the building? Mr. Groff stated that chillers would be replaced about every 20 years. The cooling tower would be reconditioned every 10 years. The rates are charged for those replacements. Mayor Grant asked if there like a dual system so that if one was down there would be another one that could be used as a backup. Mr. Groff replied these would be built with full back up. Commissioner Romelus indicated that there would be some type of district surtax. Mr. Groff stated there were options. He said that we charged per BTU, so we would collect the rate, just like they would pay for electric. They would get it from their bill. Commissioner Romelus asked if the cost would be less to the City customers. Mr. Groff indicated that we always set the rate lower than or equal to the other power company. Commissioner Romelus asked if the City would make a profit. Mr. Groff responded yes. He continued to say what was being asked tonight would be to authorize the Mayor to move forward with the first part of the design. This would be the funding mechanism. He informed the Commission that this money was budgeted. 16 Page 344 of 678 Special Meeting Minutes City Commission Boynton Beach, Florida August 21, 2017 Commissioner Romelus asked for an explanation of the $307,000 and what was the $69,000. Mr. Groff stated it was for the utility development and the piping. It was a loop system. The $69,000 was for the design for the water pipes the sewer pipes and the storm water pipes. They are both out of the utility funds. Commissioner McCray asked what if this does not fly, what would happen. Mr. Groff stated that this still needs to be done. There are other places where this energy could be used over the next 20 to 30 years. The district energy was good to have. Commissioner McCray stated it bothers him that the City does exploratory plans and does not move forward. We are wasting the citizen's money. He wants to vote on something that will come out of the ground. Mr. Groff stating that the City was building. Commissioner McCray stated maybe Utility plans were being built. Mayor Grant asked for a motion to approve the resolutions. Commissioner Romelus stated that this plant would be built that would allow for growth. Mr. Groff replied that was correct. Commissioner Romelus speculated as we move forward, we would be able to sustain the City. Mr. Groff stated it was designed to be sustainable, for the long term for the citizen of Boynton Beach. Motion Commissioner Romelus moved for a motion to approve. Seconded by Commissioner Casello. Motion passes 4-1 (Commissioner McCray descending) Mr. Groff stated that he was looking for consensus. He stated that was a lot of questions. Was the Police Department draft site plan acceptable? Mayor Grant - Yes. Commissioner McCray - Yes Commissioner Casello - No Vice Mayor Katz - Yes Commissioner Romelus stated she likes it, but she wants to emphasize location wise, if it was to possible negotiate for the property next to the Fire Department. She would like 17 Page 345 of 678 Special Meeting Minutes City Commission Boynton Beach, Florida ust 21, 2017 to see the Fire and Police together. Leave that High Ridge region for private development. She wanted the tax revenue for that property. Vice Mayor Katz noted if he had a choice, would rather keep the Police station on the east end. There are three people on the dais that are in agreement with selling the High Ridge property. Commissioner McCray stated that the property on High Ridge Road was purchased for a new the police department; we promised the citizens we would build the Police and the Fire station and we should keep the promise. Ms. LaVerriere stated that was correct. Major Grant asked Mr. Groff to try to find more land to put the police department. If not move forward with the High Ridge property. Mr. Groff asked does the overall site plan for Town Square meet the vision and requirement for the City. Commissioner McCray indicated that he needed to see more pictures to know. Vice Mayor Katz noted that this should be more imaginative. Commissioner Casello stated no Commissioner Romelus said yes with a more centralized retail being on Ocean, reactivating Ocean. East on Ocean NE 1St would activate that area. Potentially build more retail components. Commissioner McCray asked what they can do with the tunnel. Mayor Grant noted that this was not just retail but commercial as well. Florida was a tax Free State. Commissioner Romelus in term of the tunnel, she has no issue, as long as it was safe she was ok. Mr. Groff stated, assuming the financial plan was feasible, is constructing a new City Hall/Library the best direction for these programs and other comments or directions. Mayor Grant indicated that there was not much height in Boynton Beach. The City has some great views. The sustainability aspects of it maximize the views of Boynton Beach. Commissioner McCray stated he was not in favor of moving forward with the design. �3 Page 346 of 678 Special Meeting Minutes City Commission Boynton Beach, Florida August 21, 2017 Vice Mayor Katz stated that he did not have any comments. Commissioner Casello indicated that he believes that the developers can do better than what was being presented. Commissioner Romelus agreed and commented the City could do better. She also stated that there needs to be more greenery, roof top gardens. Mr. Groff stated that the project needed work. He stated that we will keep moving forward. This was the beginning. Major Grant asked for a motion to adjourn Motion to Adjourn Commissioner Romelus motion to adjourn. Motion was seconded by Commissioner McCray. Meeting was properly adjourned at 8:06 p.m. (Continued on next page) 19 Page 347 of 678 Special Meeting Minutes City Commission Boynton Beach, Florida August 21, 2017 ATTEST Judith A. Pyle, CMC City Clerk ueenester Nieves Deputy City Clerk 20 CITY OF BOYNTON BEACH Mayor - Steven B. Grant Vice Mayor - Justin Katz Commissioner - Mack McCray Commissioner - Christina Romelus Commissioner - Joe Casello Page 348 of 678 7.A. REQUESTED ACTION BY COMMISSION: Approve issuing purchase orders for the purpose of rehabilitating sidewalks in 11 separate projects that span 8 communities. Cobra Construction, Inc. of Boynton Beach in the amount of $136,608, plus a 10% contingency in the amount of $13,700 for a total cost of $150,308 and; The Paving Lady, Inc. of Boynton Beach in the amount of $18,000, plus a 10% contingency in the amount of $1,800 for a total cost of $19,800. This sidewalk project was divided into 11 projects in order to allow local businesses within Boynton Beach to quote on individual projects and to allow the city to award individual projects as opposed to issuing a formal bid for all projects together. EXPLANATION OF REQUEST: Over the past several years, City staff and elected officials have received a growing number of complaints about the deteriorating condition of the sidewalks from the residents living in the communities of: Baytree Clover Bend Dogwood Circle Lake Shore Heatherlakes Mission Hills North East Boynton W indemere Staff developed 11 individual projects in connection with sidewalk work and sent them to 3 (three) vendors. The vendors submitted quotes for each project and after reviewing the pricing submitted, it is being recommended that 10 of the projects be awarded to Cobra Construction, a local business with a City Business Tax Receipt and 1 project to The Paving Lady, Inc, also a local business with a City Business Tax Receipt. These projects are being funded from the Local Government Surtax. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Budgeted This project will be funded by the sales surtax tax dollars. The proposed cost, plus contingency shall be funded from the Transportation/Roadway component of the City's FY 2016/17 Capital Improvement Plan. Funding shall include $170,108.00 from Sidewalks - Replacement (Project Number: CP0263, and Account Number Fund-Location—Exp: 303-4904-541.63-24) ALTERNATIVES: Do not award purchase orders and issue a formal bid for all projects together, staff is recommending to award the purchase orders and utilize companies that in the corporate limits of Boynton Beach. Page 349 of 678 STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Addendum Bid Results for Projects 1 thru 11 D Addendum Cobra Bid page 1 D Addendum Cobra Bid page 2 D Attachment Cobra Const Local Bus Cart D Addendum Pa\Ang Lady Bid page 1 D Addendum Pa\Ang Lady Bid page 2 D Attachment Pa\Ang Lady Local Bus Cart D Addendum Concrete Ser\Aces Bid Page 350 of 678 Projects 1 thru 11 Bid Summary Table Local Bidders Page 351 of 678 Cobra Construction, Inc. FL License: 96-1435-E www.cobrapavers.com Customer Name BOYNTON BEACH PUBLIC WORKS Address City Phone Contact 100 E. BOYNTON BEACH BLVD. BOYNTON BEACH 561-742-6231 GARY DUNMYER South Florida Office: 4010 Thor Drive Boynton Beach, FL 33426 Tel: (561) 276-3820 Fax: (561) 276-6067 —St FL ZIP 33435 Fax Date 8/26/2017 Proposal Job Location Name CITY OF BOYNTON BEACH REVISED 8-8-17 Address SIDEWALK REHAB PROJECT 1 THRU 11 City BOYNTON BEACH St FL ZIP Phone Fax Email DunmverGanbbfl.us Qty Unit Description Price Total SCOPE OF WORK: SUPPLY AND INSTALL : SAWCUT DEMO AND DISPOSE EXISTING CONCRETE SIDEWALKS AND REPLACE WITH NEW CONCRETE SIDEWALKS/ CURB . FORM ,POUR , AND BROOM FINISH 3000 PSI CONCRETE SIDEWALKS, NATURAL COLOR. SEE LINE ITEMS FOR DESCRIPTION. • • iii 717111111 11 PROJECT 1 - BAYTREE 480 SF SAWCUT, REMOVE AND REPLACE 4" SIDEWALK $ 8.50 $4,080.00 80 SF SAWCUT, REMOVE AND REPLACE 6" SIDEWALK $ 9.50 $760.00 PROJECT 1 -CLOVER BEND 860 SF SAWCUT, REMOVE AND REPLACE 4" SIDEWALK $ 8.50 $7,310.00 64 SF SAWCUT, REMOVE AND REPLACE 6" SIDEWALK $ 9.50 $608.00 PROJECT 1 - DOGWOOD CIRCLE 340 SF SAWCUT, REMOVE AND REPLACE 4" SIDEWALK $ 8.50 $2,890.00 92 SF SAWCUT, REMOVE AND REPLACE 6" SIDEWALK $ 9.50 $874.00 PROJECT 2 - WINDEMERE 840 SF SAWCUT, REMOVE AND REPLACE 4" SIDEWALK $ 8.50 $7,140.00 328 SF SAWCUT, REMOVE AND REPLACE 6" SIDEWALK $ 9.50 $3,116.00 6 EA REMOVE/REPLACE CONCRETE FLUMES (DRAINAGE APRONS) $ 1,850.00 $11,100.00 6" THICK NON REINFORCED PROJECT 3-LAKESHORE 560 SF SAWCUT, REMOVE AND REPLACE 4" SIDEWALK $ 8.50 $4,760.00 PROJECT 3 - HEATHER LAKES 500 SF SAWCUT, REMOVE AND REPLACE 4" SIDEWALK $ 8.50 $4,250.00 792 SF SAWCUT, REMOVE AND REPLACE 6" SIDEWALK $ 9.50 $7,524.00 PROJECT 4 - HEATHER LAKES 220 SF SAWCUT, REMOVE AND REPLACE 4" SIDEWALK $ 8.50 $1,870.00 1,368 SF SAWCUT, REMOVE AND REPLACE 6" SIDEWALK $ 9.50 $12,996.00 PROJECT 5 - MISSION HILLS 440 SF SAWCUT, REMOVE AND REPLACE 4" SIDEWALK $ 8.50 $3,740.00 432 SF SAWCUT, REMOVE AND REPLACE 6" SIDEWALK $ 9.50 $4,104.00 Based on Plan Page: QUANTITIES GIVEN Dated/Revised: 7/1/2017 TOTAL $77,122.00 Page 352 of 678 Your Salesperson: JOE SPADA 561-436-1121 Continued on Page 1B Page 353 of 678 1-888-642-6272 www.cobrapavers.com Cobra Construction, Inc. FL License: 96-1435-E South Florida Office: 4010 Thor Drive Boynton Beach, FL 33426 Tel: (561) 276-3820 Fax: (561) 276-6067 Date 8/26/2017 Proposal PRICE IS GOOD THROUGH: 12/30/2017 CONTRACT TOTAL: $77,122.00 TERMS AND CONDITIONS 1. All material and labor is guaranteed for a period of 1 year. 2. Customer is responsible for providing acceptable sub -base of 3-1/2" below finished grade for pavers or within +/- 1" to workable subgrade. 3. Quantities will be billed according to final field measurement. 4. All work changing the scope of this contract must be preceded by a signed Change Order / Extra work Order before any material can be ordered or work can be scheduled. 5. Customer / Contractor is required to carry sufficient levels of insurance coverage for property, theft, liability, fire, wind and other necessary insurance. 6. Title to all materials supplied is retained by Cobra Construction Inc. until paid in full. 7. Cobra Construction Inc. reserves the right to remove sufficient materials, whether in place or not, to satisfy the unpaid balance due. 8. Cobra is not responsible for delays created by other trades, material suppliers, labor strikes or acts of God. 9. Cobra is not responsible for damage to underground sprinklers or utilities, sod or landscaping, dust removal, painting or stucco, during the normal course of construction. 10. Unless otherwise stated in proposal, Cobra is not responsible for permits, inspections, base material, vapor barrier, soil treatment, densities, testing, engineering, surreys, grade stakes, grading, clean-up, traffic control or M.O.T. 11. Past due accounts, 30 days or over, are subject to finance charges of 1.5% per month (18% annum). It is further understood and agreed that in the event it becomes necessary to engage the services of any collection agency or attorney to collect payment for services rendered or related charges, the customer agrees to pay reasonable attorney fees and all collection costs in both pre -judgement and post judgement collection actions. 12. Venue for all actions arising out of this contract and or proposal or any transactions with Cobra Construction Inc., and or Cobra Pavers & Engineering Inc., or any of its affiliates is exclusively in Palm Beach County. 13. Cobra will not be responsible for the supply or installation of electrical grounding or bonding systems at pool decks or any other required areas. 14. Bonding is not included in proposal unless otherwise stated. The proposal, price, specifications and conditions are satisfactory and are accepted. 15. Exclusions : import or export clean fill , irrigation , Landscape , Sod Repacement , Curb 'Pads, Sidev Wk Bases , Root Removal , All Testing, QC Man, Excavation/Grading, Surveying, i .O.T Barricades, Back Full, Road Rock Bases, Signage and striping. COBRA SIGNATURE: DATE CUSTOMER SIGNATURE: DATE: Page 1 B Page 354 of 678 Customer Job Location Name BOYNTON BEACH PUBLIC WORKS Name CITY OF BOYNTON BEACH REVISED 8-8-17 Address 100 E. BOYNTON BEACH BLVD. Address SIDEWALK REHAB PROJECT 1 THRU 11 City BOYNTON BEACH St FL ZIP 33435 City BOYNTON BEACH St FL ZIP Phone - Fax- Phone - Fax - Contact GARY DUNMYER Email DunmyerG@bbfl.us PRICE IS GOOD THROUGH: 12/30/2017 CONTRACT TOTAL: $77,122.00 TERMS AND CONDITIONS 1. All material and labor is guaranteed for a period of 1 year. 2. Customer is responsible for providing acceptable sub -base of 3-1/2" below finished grade for pavers or within +/- 1" to workable subgrade. 3. Quantities will be billed according to final field measurement. 4. All work changing the scope of this contract must be preceded by a signed Change Order / Extra work Order before any material can be ordered or work can be scheduled. 5. Customer / Contractor is required to carry sufficient levels of insurance coverage for property, theft, liability, fire, wind and other necessary insurance. 6. Title to all materials supplied is retained by Cobra Construction Inc. until paid in full. 7. Cobra Construction Inc. reserves the right to remove sufficient materials, whether in place or not, to satisfy the unpaid balance due. 8. Cobra is not responsible for delays created by other trades, material suppliers, labor strikes or acts of God. 9. Cobra is not responsible for damage to underground sprinklers or utilities, sod or landscaping, dust removal, painting or stucco, during the normal course of construction. 10. Unless otherwise stated in proposal, Cobra is not responsible for permits, inspections, base material, vapor barrier, soil treatment, densities, testing, engineering, surreys, grade stakes, grading, clean-up, traffic control or M.O.T. 11. Past due accounts, 30 days or over, are subject to finance charges of 1.5% per month (18% annum). It is further understood and agreed that in the event it becomes necessary to engage the services of any collection agency or attorney to collect payment for services rendered or related charges, the customer agrees to pay reasonable attorney fees and all collection costs in both pre -judgement and post judgement collection actions. 12. Venue for all actions arising out of this contract and or proposal or any transactions with Cobra Construction Inc., and or Cobra Pavers & Engineering Inc., or any of its affiliates is exclusively in Palm Beach County. 13. Cobra will not be responsible for the supply or installation of electrical grounding or bonding systems at pool decks or any other required areas. 14. Bonding is not included in proposal unless otherwise stated. The proposal, price, specifications and conditions are satisfactory and are accepted. 15. Exclusions : import or export clean fill , irrigation , Landscape , Sod Repacement , Curb 'Pads, Sidev Wk Bases , Root Removal , All Testing, QC Man, Excavation/Grading, Surveying, i .O.T Barricades, Back Full, Road Rock Bases, Signage and striping. COBRA SIGNATURE: DATE CUSTOMER SIGNATURE: DATE: Page 1 B Page 354 of 678 Cobra Construction, Inc. FL License: 96-1435-E www.cobrapavers.com Customer Name BOYNTON BEACH PUBLIC WORKS Address City Phone Contact 100 E. BOYNTON BEACH BLVD. BOYNTON BEACH 561-742-6231 GARY DUNMYER South Florida Office: 4010 Thor Drive Boynton Beach, FL 33426 Tel: (561) 276-3820 Fax: (561) 276-6067 —St FL ZIP 33435 Fax Date 8/26/2017 Proposal Job Location Name CITY OF BOYNTON BEACH REVISED 8-8-17 Address SIDEWALK REHAB PROJECT 1 THRU 11 City BOYNTON BEACH St FL ZIP Phone Fax Email DunmverGanbbfl.us Qty Unit Description Price Total SCOPE OF WORK: SUPPLY AND INSTALL : SAWCUT DEMO AND DISPOSE EXISTING CONCRETE SIDEWALKS/ CURB AND REPLACE WITH NEW CONCRETE SIDEWALKS . FORM ,POUR, AND BROOM FINISH 3000 PSI CONCRETE SIDEWALKS, NATURAL COLOR. SEE LINE ITEMS FOR DESCRIPTION. SUBTOTAL FROM PAGE- 1B $77,122.00 PROJECT 6 - N.E. BOYNTON 1,710 SF SAWCUT, REMOVE AND REPLACE 4" SIDEWALK $ 8.50 $14,535.00 3 EA. REMOVE AND DISPOSE OF STREET SIGNS 2" POLE TYPE $ 125.00 $375.00 20 LF REPLACE TYPE D- CURB $ 42.50 $850.00 PROJECT 7 -N.E. BOYNTON 1,520 SF SAWCUT, REMOVE AND REPLACE 4" SIDEWALK $ 8.50 $12,920.00 1 EA. REMOVE AND DISPOSE OF STREET SIGNS 2" POLE TYPE $ 125.00 $125.00 PROJECT 8 -N.E. BOYNTON 1,212 SF SAWCUT, REMOVE AND REPLACE 4" SIDEWALK $ 8.50 $10,302.00 60 SF SAWCUT, REMOVE AND REPLACE 6" SIDEWALK $ 9.50 $570.00 1 EA. REMOVE AND DISPOSE OF STREET SIGNS 2" POLE TYPE $ 125.00 $125.00 PROJECT 9 -N.E. BOYNTON 1,280 SF SAWCUT, REMOVE AND REPLACE 4" SIDEWALK $ 8.50 $10,880.00 80 SF SAWCUT, REMOVE AND REPLACE 6" SIDEWALK $ 9.50 $760.00 3 EA. REMOVE AND DISPOSE OF STREET SIGNS 2" POLE TYPE $ 125.00 $375.00 PROJECT 10 -N.E. BOYNTON 1,640 SF SAWCUT, REMOVE AND REPLACE 4" SIDEWALK $ 8.50 $13,940.00 1 EA. REMOVE AND DISPOSE OF STREET SIGNS 2" POLE TYPE $ 125.00 $125.00 PROJECT 11 -N.E. BOYNTON 1,760 SF SAWCUT, REMOVE AND REPLACE 4" SIDEWALK $ 8.50 $14,960.00 ADD: ITEM NOT LISTED IN SCOPE DETECTABLE WARNING SURFACES ADD $ 27.50 PER /SF PRICING INCLUDES HAULING OFF CONCRETF REFUSE (ONLY) SEE EXCLUSION ON SHEET 2 B �. _....._._._- -- ,.....--- ' ---- - ' Page 355'of 678 based on Man Nage: DUAN I I I IEb VIVtN Uated/Kevised: //1/1011 TOTAL 1 $157,964.00 Your Salesperson: JOE SPADA 561-436-1121 Continued on Page 2B Page 356 of 678 1-888-642-6272 www.cobrapavers.com Cobra Construction, Inc. FL License: 96-1435-E South Florida Office: 4010 Thor Drive Boynton Beach, FL 33426 Tel: (561) 276-3820 Fax: (561) 276-6067 Date 8/26/2017 Proposal PRICE IS GOOD THROUGH: 12/30/2017 CONTRACT TOTAL: $157,964.00 TERMS AND CONDITIONS 1. All material and labor is guaranteed for a period of 1 year. 2. Customer is responsible for providing acceptable sub -base of 3-1/2" below finished grade for pavers or within +/- 1" to workable subgrade. 3. Quantities will be billed according to final field measurement. 4. All work changing the scope of this contract must be preceded by a signed Change Order / Extra work Order before any material can be ordered or work can be scheduled. 5. Customer / Contractor is required to carry sufficient levels of insurance coverage for property, theft, liability, fire, wind and other necessary insurance. 6. Title to all materials supplied is retained by Cobra Construction Inc. until paid in full. 7. Cobra Construction Inc. reserves the right to remove sufficient materials, whether in place or not, to satisfy the unpaid balance due. 8. Cobra is not responsible for delays created by other trades, material suppliers, labor strikes or acts of God. 9. Cobra is not responsible for damage to underground sprinklers or utilities, sod or landscaping, dust removal, painting or stucco, during the normal course of construction. 10. Unless otherwise stated in proposal, Cobra is not responsible for permits, inspections, base material, vapor barrier, soil treatment, densities, testing, engineering, surreys, grade stakes, grading, clean-up, traffic control or M.O.T. 11. Past due accounts, 30 days or over, are subject to finance charges of 1.5% per month (18% annum). It is further understood and agreed that in the event it becomes necessary to engage the services of any collection agency or attorney to collect payment for services rendered or related charges, the customer agrees to pay reasonable attorney fees and all collection costs in both pre -judgement and post judgement collection actions. 12. Venue for all actions arising out of this contract and or proposal or any transactions with Cobra Construction Inc., and or Cobra Pavers & Engineering Inc., or any of its affiliates is exclusively in Palm Beach County. 13. Cobra will not be responsible for the supply or installation of electrical grounding or bonding systems at pool decks or any other required areas. 14. Bonding is not included in proposal unless otherwise stated. The proposal, price, specifications and conditions are satisfactory and are accepted. 15. ExcWsGons :import or Export dean fiii ,irrigation ,Landscape , Sod Repacement , Curb 'Pads, Sideway Bases , Root removal , AIV Testing, QC Man, Excavation/Grading, Surveying , i .O.T Barricades, Back Fuii , Road Rock Bases, Signage and stdpirug. COBRA SIGNATURE: DATE CUSTOMER SIGNATURE: DATE: Page 2B Page 357 of 678 Customer Job Location Name BOYNTON BEACH PUBLIC WORKS Name CITY OF BOYNTON BEACH REVISED 8-8-17 Address 100 E. BOYNTON BEACH BLVD. Address SIDEWALK REHAB PROJECT 1 THRU 11 City BOYNTON BEACH St FL ZIP 33435 City BOYNTON BEACH St FL ZIP Phone - Fax- Phone - Fax - Contact GARY DUNMYER Email DunmyerG@bbfl.us PRICE IS GOOD THROUGH: 12/30/2017 CONTRACT TOTAL: $157,964.00 TERMS AND CONDITIONS 1. All material and labor is guaranteed for a period of 1 year. 2. Customer is responsible for providing acceptable sub -base of 3-1/2" below finished grade for pavers or within +/- 1" to workable subgrade. 3. Quantities will be billed according to final field measurement. 4. All work changing the scope of this contract must be preceded by a signed Change Order / Extra work Order before any material can be ordered or work can be scheduled. 5. Customer / Contractor is required to carry sufficient levels of insurance coverage for property, theft, liability, fire, wind and other necessary insurance. 6. Title to all materials supplied is retained by Cobra Construction Inc. until paid in full. 7. Cobra Construction Inc. reserves the right to remove sufficient materials, whether in place or not, to satisfy the unpaid balance due. 8. Cobra is not responsible for delays created by other trades, material suppliers, labor strikes or acts of God. 9. Cobra is not responsible for damage to underground sprinklers or utilities, sod or landscaping, dust removal, painting or stucco, during the normal course of construction. 10. Unless otherwise stated in proposal, Cobra is not responsible for permits, inspections, base material, vapor barrier, soil treatment, densities, testing, engineering, surreys, grade stakes, grading, clean-up, traffic control or M.O.T. 11. Past due accounts, 30 days or over, are subject to finance charges of 1.5% per month (18% annum). It is further understood and agreed that in the event it becomes necessary to engage the services of any collection agency or attorney to collect payment for services rendered or related charges, the customer agrees to pay reasonable attorney fees and all collection costs in both pre -judgement and post judgement collection actions. 12. Venue for all actions arising out of this contract and or proposal or any transactions with Cobra Construction Inc., and or Cobra Pavers & Engineering Inc., or any of its affiliates is exclusively in Palm Beach County. 13. Cobra will not be responsible for the supply or installation of electrical grounding or bonding systems at pool decks or any other required areas. 14. Bonding is not included in proposal unless otherwise stated. The proposal, price, specifications and conditions are satisfactory and are accepted. 15. ExcWsGons :import or Export dean fiii ,irrigation ,Landscape , Sod Repacement , Curb 'Pads, Sideway Bases , Root removal , AIV Testing, QC Man, Excavation/Grading, Surveying , i .O.T Barricades, Back Fuii , Road Rock Bases, Signage and stdpirug. COBRA SIGNATURE: DATE CUSTOMER SIGNATURE: DATE: Page 2B Page 357 of 678 LOCAL BUSINESS STATUS CERTIFICATION 1, there of (Name of ofkcer of company) VAA (Title of officer of company) 0 ( bran 1 —11'u" ocated at TName of Corporation/Company) (Business Address) certify that I am an authorized representative of the business and, on behalf of the Business, request that it be deemed to be a local business for purposes of the City of Boynton Beach Local Preference Program. Answering yes to Question 1 and Question 2 below will qualify the business as a local business. In support of this request, I certify the following to be true and correct: I understand that misrepresentation of any facts in connection with this request may be cause for removal from the certified local business list. I also agree that the business is required to notify the City in writing should it cease to qualify as a local business. Print Narneftnod 4cd Signat Business License Active: Verified by: ***FOR PURCHASING USE ONLY*** F-1 Year Established: F1 Date: Page 358 of 678 NAME OF BUSINESS:Lt�ca 60=z7N 1 Is the business located within the City ---NEST- NO Number of Years: limits of Boynton Beach, Florida? COrcV 2. Does the business have a business tax IYES ) NO Business License receipt issued in the current year? Number: 3. Is the business registered with the (�98) NO Florida Division of Corporations? I understand that misrepresentation of any facts in connection with this request may be cause for removal from the certified local business list. I also agree that the business is required to notify the City in writing should it cease to qualify as a local business. Print Narneftnod 4cd Signat Business License Active: Verified by: ***FOR PURCHASING USE ONLY*** F-1 Year Established: F1 Date: Page 358 of 678 CONFIRMATION OF MINORITY OWNED BUSINESS Arequested form h]bemade opart ofour files for future use and information. Please fill out and indicate in the appropriate SD@QeG provided which category best d8SChbe8 your company. Return this form with your bid pnDpOs8| sheet making it an OffiCi8| part of your bid response. |Gyour company aMinority Owned Business ? Le< — Yes No If Yea, please indicate by on ^X^ in the appropriate box: ( ) AMERICAN INDIAN ( ) /\8K\N ( ) BLACK / ) HISPANIC / \ WOMEN ( \ OTHER ( \ NOT APPLICABLE Do you possess a Certification qualifying your business as a Minority Owned Business? YESNO � If YES, Name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification Page 359 of 678 STATE OF FLORIDA °++ OF BUSINESS AND PROFESSIONAL REGULATION CONSTfg . £BOARD 1940 NORTH MONROE STREET f, TALLAHASSEE FL 323• 1 b Conratulations' With this license you become one of the nearly one million Ftondians ticensed by the Department of Business and Professional regulation, Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. Every day we work to improve the way we do business in order to serve you better. For information about our services, please tog onto txmyfl€�ridalicer€sezorrm. There you can find more information about our divisions and the regulations that impact you, subscribe to department newsletters and learn snore about the Department'syou, initiatives. our mission at the Department is: License Efficiently, regulate Fairly, We constantly strive to serve you better so that you can serve your customers, Thank you for doing business in Florida, and congratulations on your new license'. ISSUED: 06/0912016 DISPLAY AS REQUIRED BY LAW I v�. N G<7 C I 5 I K 4 exx Alk � 1 dk i xw w 7fdF its M LO 0 W CO Ow 4 a .sI A! l«�42 z oil !y I v�. N G<7 C I 5 I Page 361 of 678 exx oil Page 361 of 678 1000 W Industrial Ave Boynton Beach FI 33428 Office: 561-572-2600 Fax: 561-572-2601 City Sidewalks Rehabilitation Proiects 1-11 Meadows, NE Boynton, Mission Hill Attention: Gary Dunmyer City of Boynton Beach Engineering Division August 7, 2017 As per directions and breakdown provided (pages 1-21) and dated June 23, 2017 Concrete Sidewalk Repairs at Multiple Locations 1. Demo and remove areas of sidewalk as called out on breakdown provided and quantities as shown on bid tabulation provided. 2. Remove any roots causing damage as necessary. 3. Install, grade and compact rock base as necessary. 4. Form, pour and finish concrete sidewalk. Thickness varies 4-6 inches. 5. Any discrepancies in quantities on bid breakdown and actual field quantities will be priced accordingly. Notes: *** Jobsite will be barricaded during work. This contractor will not be responsible for persons breaking through the barricades, tracking sealer, damage or injury to cars or persons trespassing designated areas. *** Contractor not responsible for any buried irrigation or utility line. Relocation or repair is by owner. Due care will be given. *** Contractor is not responsible for any pre-existing environmental conditions or subsurface conditions. *** Contractor is not responsible for damage to sidewalks that are necessary to cross with our heavy equipment to complete the job. Due care will be given. *** This proposal is based on work being completed during the hours of 7:00 am and 5:00 pm, Monday through Friday (excluding holidays and weekends) unless otherwise stated. *** Any changes in the scope of work for any items not specified in this proposal will be an extra to this contract. *** All testing, as-builts, plans, and surveying is by owner. Page 362 of 678 August 7, 2017 1000 W Industrial Ave Boynton Beach Fl 33428 Office: 561-572-2600 Fax: 561-572-2601 *** Contractor not responsible for existing asphalt drainage or standing water problems. Contractor cannot guarantee concrete in areas of standing water. *** Any additional work requested by owner and/or the building department during review or inspections will be priced accordingly. WE PROPOSE to furnish labor and material - complete in accordance with above specifications, and subject to conditions stated herein, for the sum of: $175,507.00 (One hundred seventy-five thousand five hundred seven dollars and 00 cents) Accepted: The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Signature: Print Name: Date: Title: Page 363 of 678 • City of Boynton Beach Sidewalk Bid Tabulations Sheet For Projects 1 thru 11 Project 1 - Baytree Quantity Unit Unit Price Cost Sawcut, Remove and Replace 4" Sidewalk 480 SF $ 9.60 $ 4,608.00 Sawcut, Remove and Replace 6" Sidewalk 80 SF $ 12.00 $ 960.00 Sub Total: $ 5,568.00 Project 1 - Clover Bend Quantity Unit Unit Price Cost Sawcut, Remove and Replace 4" Sidewalk 860 SF $ 9.60 $ 8,256.00 Sawcut, Remove and Replace 6" Sidewalk 64 SF $ 12.00 $ 768.00 Sub Total: $ 9,024.00 Project 1 - Dogwood Circle Quantity Unit Unit Price Cost Sawcut, Remove and Replace 4" Sidewalk 340 SF $ 9.60 $ 3,264.00 Sawcut, Remove and Replace 6" Sidewalk 92 SF $ 12.00 $ 1,104.00 Sub Total: $ 4,368.00 Project 1 Total: $ 18,960.00 Sawcut, Remove and Replace 4" Sidewalk Sawcut, Remove and Replace 6" Sidewalk Remove and Replace Concrete Flume Quantity Unit Unit Price Cost 840 SF $ 9.60 $ 8,064.00 328 SF $ 12.00 $ 3,936.00 6 EA $ 1,000.00 $ 6,000.00 Project 2 Total: $ 18,000.00 act 3'- Lake Shore Quantity Unit Sawcut, Remove and Replace 4" Sidewalk 560 SF Project 3 Heatherlakes Quantity Unit Sawcut, Remove and Replace 4" Sidewalk 500 SF Sawcut, Remove and Replace 6" Sidewalk 792 SF Sawcut, Remove and Replace 4" Sidewalk Sawcut, Remove and Replace 6" Sidewalk Proj Unit Price Cost $ 9.60 $ 5,376.00 Sub Total: $ 5,376.00 Unit Price Cost $ 9.60 $ 4,800.00 $ 12.00 $ 9,504.00 Sub Total: $ 14,304.00 act 3 Total: $ 19,680.00 Quantity Unit Unit Price 220 SF $ 9.60 1,368 SF $ 12.00 Project 4 Total Cost $ 2,112.00 $16,416.00 $ 18,528.00 Page 1 of 21 �99583,36W& 678 City of Boynton Beach Sidewalk Bid Tabulations Sheet For Projects 1 thru 11 Project 5 Mission Hills Quantity Unit Unit Price Cost Sawcut, Remove and Replace 4" Sidewalk 440 SF $ 9.60 $ 4,224.00 Sawcut, Remove and Replace 6" Sidewalk 432 SF $ 12.00 $ 5,184.00 Project 5 Total: $ 9,408.00 act 6 NE Boynton Quantity Sawcut, Remove and Replace 4" Sidewalk 1,710 Remove and Dispose of Sign 3 Replace Type D -Curb 20 Unit Unit Price Cost SF $ 9.60 $ 16,416.00 EA 20 $ 60.00 LF 15 $ 300.00 Project 6 Total: $ 16,776.00 Project 7 ` NE Boynton Quantity Unit Unit Price Cost Sawcut, Remove and Replace 4" Sidewalk 1,520 SF $ 9.60 $ 14,592.00 Remove and Dispose of Sign 1 EA $ 20.00 $ 20.00 Project 7 Total: $ 14,612.00 Project 8 NE Boynton Quantity Sawcut, Remove and Replace 4" Sidewalk 1,212 Sawcut, Remove and Replace 6" Sidewalk 60 Remove and Dispose of Sign 1 Remove and Dispose of Tree 2 Project 9 `- NE Boynton Quantity Sawcut, Remove and Replace 4" Sidewalk 1,280 Sawcut, Remove and Replace 6" Sidewalk 80 Remove and Dispose of Sign 3 Unit Unit Price Cost SF $ 9.60 $ 11,635.20 SF $ 12.00 $ 720.00 EA $ 20.00 $ 20.00 EA $ 450.00 $ 900.00 Project 8 Total: $ 13,275.20 Unit Unit Price Cost SF $ 9.60 $ 12,288.00 SF $ 12.00 $ 960.00 EA $ 20.00 $ 60.00 Project 9 Total: $ 13,308.00 Project 10 - NE Boynton Quantity Unit Unit Price Cost Sawcut, Remove and Replace 4" Sidewalk 1,640 SF $ 9.60 $ 15,744.00 Remove and Dispose of Sign 1 EA $ 20.00 $ 20.00 Project 10 Total: $ 15,764.00 3roject 11 - NE Boynton Quantity Unit Unit Price Cost Sawcut, Remove and Replace 4" Sidewalk 1,760 SF $ 9.60 $ 16,896.00 Project 11 Total: $ 16,896.00 Page 2 of 21 �99583,3691if 678 1'!511111' 11 F 1111 z I, MAURO COMUZZI , the pRRRTpENT of (Name of officer of company) (Title of officer of company) JANICE M RILEY DBA THE PAVING LADY located at 1000 W INDUSTRIAL AVE. BOYNTON BEACH, FL 33426 (Name of Corporation/Company) (Business Address) certify that I am an authorized representative of the business and, on behalf of the Business, request that it be deemed to be a local business for purposes of the City of Boynton Beach Local Preference Program. Answering yes to Question 1 and Question 2 below will qualify the business as a local business. In support of this request, I certify the following to be true and correct: NAME OF BUSINESS: THE PAVING LADY 1. Is the business located within the City YES NO Number of Years: limits of Boynton Beach, Florida? 14 2. Does the business have a business tax YES NO Business License receipt issued in the current year? Number: 17-00018710 X 17-00013668 3. Is the business registered with the YES NO Florida Division of Corporations? X I understand that misrepresentation of any facts in connection with this request may be cause for removal from the certified local business list. I also agree that the busines >is requ!ravo notify the City in writing should it cease to qualify as a local business. Print Name: 1 Signature: ***FOR PURCHASING USE ONLY Business License Active: Verified by: Year Established: ❑ Date: Page 366 of 678 CONFIRMATION OF MINORITY OWNED BUSINESI A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. Is your company a Minority Owned Business ? X Yes No If Yes, please indicate by an "X" in the appropriate box: ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK (x) HISPANIC WOMEN OTHER (specify) Do you possess a Certification qualifying your business as a Minority Owned Business? YES X NO If YES, Name the Organization from which this certification was obtained and date: Issuing Organization for Certification MARCH 20, 2017 Date of Certification Page 367 of 678 MeM M M1, 100 9W re RaVIT-MR, For Projects 1 thru 11 CwCV-4-e- sa\] I cc Project I - Baytree uanti Unit Unit cost Price Sawcut, Remove and Replace 4" Sidewalk 480 SF F3 � `dc) $ t Sawcut, Remove and Replace 6" Sidewalk 80 SF $ Sub Total: $J?5gSc-rO Project 1 - Clover Bend Quantity Unit Unit Price Cost Sawcut, Remove and Replace 4" Sidewalk 860 SF Z-%,50 Sawcut, Remove and Replace 6" Sidewalk 64 SF $ elo Sub Total: Project 1 - Dogwood Circle Quanti!y Unit, Unit Price Cost Sawcut, Remove and Replace 4" Sidewalk 340 SF ?- I 01 li, Sawcut, Remove and Replace 6" Sidewalk 92 SF $ S7, 3a) Sub Total: $ Project I Total: Project 2 - Windernere Quantity Unit Unit Cost Price Sawcut, Remove and Replace 4" Sidewalk 840 SF 7,-1,,5'0 $ 1114P ;' Sawcut, Remove and Replace 6" Sidewalk 328 SF $ Remove and Replace Concrete Flume 6 EA f $ Project 2 Total: 4c7 Project 3 - Lake Shore Quantity Unit Unit Price Sawcut, Remove and Replace 4" Sidewalk 560 SF . -3-, Sub Total 3 - Heatherlakes Sawcut, Remove and Replace 4" Sidewalk Sawcut, Remove and Replace 6" Sidewalk guantify Unit Unit Price 500 SF 2=3 792 SF Sub Total: Project 3 Total: 70M Project 4 - Heatherlakes Quantity Unit Unit Cost Price Sawcut, Remove and Replace 4" Sidewalk 220 SF $ -5i Ido Sawcut, Remove and Replace 6" Sidewalk 1,368 SF Project 4 Total: Page 1 of 21 June 23, 2017 Page 368 of 678 . . ................... City of Boynton Beach Sidewalk Bid Tabulations Sheet For Projects 1 thru 11 Project 5 - Mission Hills Quantitv Unit Sawcut, Remove and Replace 4" Sidewalk 440 SF Sawcut, Remove and Replace 6" Sidewalk 432 SF Unit Cost Price Cost Z-7-1-7 $ is g) p4V 7- $ 101 c ect 5 Total: $,9) i4c Ai'Q Project 6 - NE Boynton Quantity Unit Unit Cost Price Sawcut, Remove and Replace 4" Sidewalk 1,710 SF Z3 t;Z? $ '�-" Vh-6rtv Remove and Dispose of Sign 3 EA No 4 $ Replace Type D -Curb 20 LF - ;70 '1., $ Project 6 Total: $q1_+s6,-cr Project 7 - NE Boynton Quant! Unit Unit Cost Price Sawcut, Remove and Replace 4" Sidewalk 1,520 SF Remove and Dispose of Sign 1 EA $ Ice YV Project 7 Total: $ &;iv - w - Project 8 - NE Boynton Sawcut, Remove and Replace 4" Sidewalk Sawcut, Remove and Replace 6" Sidewalk Remove and Dispose of Sign Remove and Dispose of Tree Quanti Unit Unit Price Cost 1,212 SF C3a� 60 SF SF e3o $ 1 EA EA /4)3"-e , $ 100 2 EA a "�� PC $ iuo Project 8 Total: $33,b92, Project 9 -FSE Boynton Quant!_ Unit Unit Price Cost Sawcut, Remove and Replace 4" Sidewalk 1,280 SF iT-77- Sawcut, Remove and Replace 6°® Sidewalk 80 SF e3o $ Remove and Dispose of Sign 3 EA /4)3"-e , $ Project 9 Total: $,1;w,3gp-70 Project 10 - NE Boynton Quantily Unit, Unit Cost Price Sawcut, Remove and Replace 4" Sidewalk 1,640 SF FTT Remove and Dispose of Sign 1 EA loo "�2 $ Project 10 Total: W .'(�-)o Project 11 - NE Boynton Quantity Unit Unit Cost Price M Sawcut, Remove and Replace 4" Sidewalk 1,760 SF Z. + 1-40 M, Projoctil Total: $LJ4,3CV-vv Page 2 of 21 June 23, 2017 Page 369 of 678 . ..... . .... . . . . . ................ M PUBLIC HEARING 9/19/2017 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 17-023 - SECOND READING- PUBLIC HEARING -Approve LDR Amendments Group 3/CRA Plan Implementation (CDRV 17-007) —Amending the LAND DEVELOPMENT REGULATIONS, Chapters 1, 3, and 4 to continue implementing Community Redevelopment Plan recommendations with changes in the future land use classification scheme, and establishment of the new R- 4, Multi -family Residential Zoning District including amendments and additions to definitions, and use and lot standards. City initiated. EXPLANATION OF REQUEST: The Boynton Beach CRA Community Redevelopment Plan was adopted on October 4th, 2016 and is now being implemented through incremental amendments to the Comprehensive Plan and Land Development Regulations, and will soon undergo a more comprehensive implementation through, in part, an LDR audit to be completed later this year. These proposed amendments primarily involve the future land use (FLU) and zoning district schemes including the merging of certain future land use classifications and zoning districts, establishment of a new future land use classification and zoning district, and minor changes to the titles of the mixed use future land use classifications and corresponding zoning districts. These recommendations are detailed in Tables #1 and #2 of Section "C" of the CRA Plan, and are listed below. • The elimination of the Moderate Density Residential (MoDR) future land use classification and placement of the corresponding zoning districts under the Low Density Residential (LDR) classification; • The increasing of the maximum density allowed in the "High Density Residential' (HDR) future land use classification to 15 dwelling units per acre, along with establishment of a new corresponding zoning district, R-4, Multi -family Residential, to bridge the density gap between the Medium Density Residential (11 dus/acre) and Special High Density Residential (20 dus/acre) future land use classifications; • Movement of the R-3 Multi -family Zoning District from under the HDR Future Land Use Classification to correspond with the McDR FLU Classification. • The conversion of the suburban and urban future land use classification scheme into a single group of mixed use districts applicable city-wide, through elimination of the "Mixed Use Suburban" and "Mixed Use" classifications, replacement with the Mixed Use Low (MXL) and Mixed -Use Medium (MXM) classifications, and renaming "Mixed Use Core" "Mixed Use High" (MXH); • The insertion of references to the Workforce Housing Program to coincide with the recent amendments to, and status of this City program; and • General edits or "clean-up" amendments to provide proper reference to or description of the new CRA Redevelopment Plan, improve clarity, and eliminate redundancy. Staff proposes these LDR amendments to continue implementing the CRAs new Community Redevelopment Plan and to support continued quality development and redevelopment of the downtown and remaining CRA area. The Planning & Development Board reviewed this item on August 22, 2017 and forwards it with a recommendation for approval. Page 370 of 678 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? NA FISCAL IMPACT: Proposed amendments will increase development opportunities and at greater development densities thereby contributing to increased application and processing revenues and ultimately, increased land values. ALTERNATIVES: None recommended STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Completion of the CRA Plan has been in the City's Strategic Plan since 2015. This item furthers the Plan with timely implementation. CLIMATE ACTION: CLIMATE ACTION DISCUSSION: NA Is this a grant? Grant Amount: ATTACHMENTS: Type D Ordinance D Staff Report D Exhibit Description Ordinance amending LDRs CRA Plan implementation Staff Report Exhibit "A" ® Proposed Amendments Page 371 of 678 I ORDINANCE NO. 17- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA 4 AMENDING LAND DEVELOPMENT REGULATIONS, CHAPTER 1, 5 ARTICLE 11, "DEFINITIONS"; AMENDING CHAPTER 1, ARTICLE HI, 6 "RELATIONSHIP TO COMPREHENSIVE PLAN"; AMENDING 7 CHAPTER 3, ARTICLE 1, "OVERVIEW"; AMENDING CHAPTER 3, 8 ARTICLE IH, "ZONING DISTRICTS & OVERLAYS"; AMENDING 9 CHAPTER 3, ARTICLE IH, SECTION 1, "OVERVIEW"; AMENDING 10 CHAPTER 3, ARTICLE HI, SECTION 2, "RESIDENTIAL DISTRICTS"; 11 AMENDING CHAPTER 3, ARTICLE III, SECTION 5, "MIXED-USE 12 (URBAN) DISTRICTS"; AMENDING CHAPTER 3, ARTICLE HI, 13 SECTION 8, "OVERLAY ZONES"; AMENDING CHAPTER 3, ARTICLE 14 V. "SUPPLEMENTAL REGULATIONS"; AMENDING CHAPTER 4, 15 ARTICLE III, "EXTERIOR BUILDING AND SITE DESIGN 16 STANDARDS"; AMENDING CHAPTER 4, ARTICLE V. "MINIMUM 17 OFF-STREET PARKING REQUIREMENTS"; AMENDING CHAPTER 18 3, ARTICLE IV, SECTION 3.D, "ZONING MATRIX"; AMENDING 19 CHAPTER 3, ARTICLE IV, SECTION 3.D., "ZONING MATRIX 20 NOTES"; PROVIDING FOR CONFLICTS, SEVERABILITY, 21 CODIFICATION AND AN EFFECTIVE DATE. 22 23 WHEREAS, the Boynton Beach CRA Community Redevelopment Plan was adopted by 24 the City Commission on October 4, 2016 and is now being implemented through incremental 25 amendments to the Comprehensive Plan and Land Development Regulations; and 26 WHEREAS, these proposed amendments primarily involve the future land use (FLU) 27 and zoning district schemes including the merging of certain future land use classifications and 28 zoning districts, establishment of a new future land use classification and zoning district and 29 minor changes to the titles of the mixed use future land use classifications and corresponding 30 zoning districts; and 31 WHEREAS, staff proposes these amendments to continue implementing the CRA's new 32 Community Redevelopment Plan and to support continued quality development and 33 redevelopment of the downtown and remaining CRA area; and 34 WHEREAS, the City Commission has considered the recommendations and has -1- C (, _s€ocvia.cona xa;C f>„,€s t: 4'� t: n� _'N\ fk ch.t._ )9.I.0 onu nun is If gn 1:Et III'm �F uli Land t ..:on..mi�� szt �fx ��; 44�et-E __�_ . Page 372 of 678 35 determined and finds that it is in the best interest of the citizens and residents of the City of 36 Boynton Beach, Florida to approve the amendments to the Land Development Regulations as 37 contained herein. 38 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 39 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 40 Section 1. The foregoing whereas clauses are true and correct and are now ratified and 41 confirmed by the City Commission. 42 Section 2. The Land Development Regulations of the City of Boynton Beach Code 43 of Ordinances is hereby amended as reflected in Exhibit "A" attached hereto and incorporated 44 herein. 45 Section 3. Each and every other provision of the Land Development Regulations not 46 herein specifically amended, shall remain in full force and effect as originally adopted. 47 Section 4. All laws and ordinances applying to the City of Boynton Beach in conflict 48 with any provisions of this ordinance are hereby repealed. 49 Section 5. Should any section or provision of this Ordinance or any portion thereof 50 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 51 remainder of this Ordinance. 52 Section 6. Authority is hereby given to codify this Ordinance. The City Clerk is 53 directed to work with the Land Development Regulations publisher to consolidate this ordinance 54 and the exhibit for publication. 55 Section 7. This Ordinance shall become effective immediately. 56 FIRST READING this day of , 2017. 57 SECOND, FINAL READING AND PASSAGE this day of , 2017. -2- C ;.P fxas�crn f�'i,l , (, _s€ocvia.cona xa;C f>„,€s t: 4'� t: n� s t C it.};s =,-k t k-- f`C is it.f t }, kf),,; kl�flC i' ,aci€,653 ,ln :Et4'I ;� �:f� , Land t ..:on..mszt �fx ��; tE ;k-__�_ . Page 373 of 678 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 ATTEST: Judith A. Pyle, CMC City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Justin Katz Commissioner — Mack McCray Commissioner — Christina L. Romelus Commissioner — Joe Casello -3- VOTE YES NO (, k1 6�_s€ocvia.cona xa;C f>„,€s t: 4'� t: n� "v fI,= h.t._ 99 I . C onu' nun M 10.1 -111,w Future !,and t ..:�n..mi�� s�szt �fx ��; 44�et-E ;k__�_ ..N Page 374 of 678 DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 17-046 TO: Chair and Members Planning & Development Board FROM: Michael Rumpf Planning and Zoning Director DATE: August 16, 2017 RE: LDR Amendments Group 3/CRA Plan Implementation (CDRV 17- 007) — Amending the LAND DEVELOPMENT REGULATIONS, Chapters 1, 3, and 4 to continue implementing Community Redevelopment Plan recommendations with changes in the future land use classification scheme, and establishment of the new R-4, Multi- family Residential Zoning District including amendments and additions to definitions, and use and lot standards. OVERVIEW The Boynton Beach CRA Community Redevelopment Plan was adopted on October 4t', 2016. Comprehensive implementation of the Plan will require a full "audit" and subsequent revisions of existing zoning and other land development regulations, to be completed by the end of 2017. However, some recommendations have immediate application to pending development projects and will therefore be implemented incrementally as needed. Prior amendments processed or in progress include establishing the MU -4 Mixed Use -4 Zoning District (adopted in January, 2017), and the pending establishment of the Cultural District and Boynton Beach Boulevard District Overlays (temporarily on -hold in the public hearing stage). These recommendations are primarily amendments to the future land use (FLU) and zoning district schemes including the merging of certain future land use classifications and zoning districts, establishment of a new Future Land Use classification and zoning district, and minor changes to the titles of the mixed use future land use classifications and corresponding zoning districts. These recommendations are detailed in Tables #1 and #2 of Section "C" of the CRA Plan, and are described in further detail below. -1- Page 375 of 678 EXPLANATION Changes in FLU and zoning district titles, or the establishment of a new classification or zoning district affects nearly all chapters of the City's Land Development Regulations (LDR). Regardless how minor or simple such changes may be, many chapters, sections and tables within the LDR are affected and must be updated simultaneously to maintain a cohesive document. Although each specific section and page is not described in this report (see attached Exhibit "A" for each amendment), the different types of amendments proposed are each summarized as follows: • The elimination of the Moderate Density Residential (MoDR) Future Land Use Map classification and placement of the corresponding zoning districts under the Low Density Residential (LDR) Classification and using the maximum density threshold from the MoDR classification of 7.5 units per acre; • The establishment of a new "High Density Residential" (HDR) Land Use Classification with a maximum density of 15 dwelling units per acre, along with the establishment of a new corresponding zoning district, R-4, Multi -family Residential, to bridge the density gap between the Medium Density Residential (11 dus/acre) and Special High Density Residential (20 dus/acre) future Land Use Map classifications. Building and site development standards must also be established for the new zoning district which mostly match the standards of the R-3 Zoning District, except that a slightly lower minimum unit size is proposed to, in part, support current market trends. A slightly higher maximum lot coverage standard (50%) is proposed to correspond with denser development characteristics and land values in the targeted environments. Zoning uses proposed to be assigned to the new R-4 District also generally reflect the R-3 District uses except for the exclusion of commercial uses. Commercial uses are shown assigned to the R-3 District as part of the original Ocean Avenue Overlay District. The new R-4 District is not proposed as part of the new overlay area and therefore is not intended to for commercial or mixed use development. • The conversion of the four (4) urban and suburban land use classifications into a single, 3 -classification system which simple entails elimination of the "Mixed Use Suburban" classification, and renaming Mixed Use Core (MX -C) Mixed Use High (MXH). The resulting system includes MX -L, MX -M, and MX -H. • The insertion of references to the Workforce Housing Program to coincide with the recent amendments to, and status of this City program. • General edits or "clean-up" amendments to provide proper reference to or description of the new CRA Redevelopment Plan, improve clarity, and eliminate redundancy. CONCLUSION/RECOMMENDATION Staff proposes these code amendments to continue implementing the CRAB new Community Redevelopment Plan and to support continued quality development and redevelopment of the downtown and remaining CRA area. Attachments S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\EDR Amendments Group 3\StaffReport.doc -2- Page 376 of 678 EXHIBIT "A" LDR AMENDMENTS GROUP 3 / CRA PLAN IMPLEMENTATION Code of Ordinances, Part III. LDR, Ch 1, Art. II. Definitions MIXED USE ZONING DISTRICT - Whenever the words "mixed use district" or "mixed use zoning district" are used, they are construed to include any or all of the following zoning districts: SMU suburban mixed use; MU -61 M4:wixed Ut+se_-- iew iRteRsity 1; MU -62 M4:wixed ++Use -w.__., 4y 2; MU -Q M4:wixed Uese Jew iRteRsity 3; MUm _Mixed Use --- and MU -4C Mixed U se -WO iMeRs.+ Fore PLANNED ZONING DISTRICT - A zoning district in which the zoning of the is accompanied by and conditioned upon an approved master plan for the use and/or development of the property. Whenever the words "planned district" or "planned zoning district" are used, they are construed to include any or all of the following zoning districts: IPUD infill planned unit development; PUD planned unit development; MHPD mobile home planned development; PCD planned commercial development; SMU suburban mixed use; MU -=1 M4:wixed Uese_-_-19w iRteRsity 1; MU -t-2 Mixed Uese_m_- iew iRteRsity 2; MU -=3 .4:Rixed Uese_.m_.-lew iRteRsit., 3; iUm m ixed Use--.-_ 1_MU44 4:Rixed Uese-high and PID planned industrial development. RESIDENTIAL ZONING DISTRICT - Whenever the words "residential district" or "residential zoning district" are used, they are construed to include any or all of the following zoning districts: R-1-AAB single-family residential; R -1 -AA single-family residential; R -1-A single-family residential; R-1 single-family residential; R-2 single and two-family residential; R-3 multi -family residential; R_ multi-famil _Lg2id ntigl° IPUD infill planned unit development; PUD planned unit development; or MHPD mobile home planned development. Page 377 of 678 Code of Ordinances, Part III. LDR, Ch 1, Art. III. Relationship to Comprehensive Plan Sec. 5. Future Land Use Map (FLUM). B. FL UM Classifications and Corresponding Zoning Districts (Table]-]). The following table shows the future land use map classifications and their corresponding zoning districts: Page 378 of 678 Future Land Use Map (FLUNI) Classification (including maximum dwelling units per acre) ning istricts MMENNOMEN NEEMM MEEMENEENEENEENE MEEMENEENEENEENE MEEMENEENEENEENE MEEMENEENEENEENE Page 378 of 678 Future Land Use Map Classifications: LDR: Low Density Residential McDR: Medium Density Residential HDR: High Density Residential SHDR: Special High Density Residential OC: Office Connnercial LRC: Local Retail Connnercial GC: General Commercial 4XS: Mixed Use S -MXC,: M xed Us ; Lo Mv• Mi*e,a Use ilX il: it xi d t.1si ili diem MX -C -H: Mixed Use C-efe i4 b L Industrial R: Recreation PPGL Public & Private Govermnent/Institutional DRI: Development of Regional hnpact Page 379 of 678 Code of Ordinances, Part Ill. LDR, Ch. 3, Art. I. Overview Sec. 4. Official Zoning Map C. Establishment of Zoning Districts. The City of Boynton Beach is hereby divided into zoning districts as follows and as delineated on the official zoning map which, together with all explanatory matter thereon, is hereby declared a part of the official zoning regulations: R-l-AAB Single-family residential district R -1 -AA Single-family residential district R -l -A Single-family residential district R -I Single-family residential district R-2 Single- and two-family residential district R-3 Multi -family residential district R..-.4 MU1tj-Famj1v residential district . ........................................... ... . - ------------------------------------------ IPUD Infill planned unit development district PUD Planned unit development district MHPD Mobile home planned development district C-1 Office and professional commercial district C-2 Neighborhood commercial district C-3 Community commercial district C-4 General commercial district CBD Central business district PCD Planned commercial development district SMU Suburban mixed use district MU -L_1 Mixed use -I&A, ititetisity I district MU -L-2 Mixed use -I&A, ititetisity 2 district MU -L-3 Mixed use-!&v�, intensity 3 district MU -4 Mixed use 4 MU -14C Mixed use- :ore district M-1 Industrial district PID Planned industrial development district PU Public usage district REC Recreation district Page 380 of 678 Code of Ordinances. Part III. LDR, Ch 3, Art. III. Zoning Districts & Overlays Sec. I.B. Residential Building and Site Regulations (Table 3-1) RESIDENTIAL R-1 AAB R-1 AA R-1 A R-1 R-2 Duplex R-3 Multi RR=4 Multi IPUD PUD MHPD Density (dwelling units per acre): 5 5.5 6 7.5 10 Flexible 15 Flexible -L' Flexible10 Flexiblelo Project Area, Minimum (acres) N/A N/A N/A N/A N/A N/A N/A N/A 5+ 10+ Lot Area per unit, Minimum (square feet): 9 000 8,00044 - 7,500 6,000 4,500 4,0004312 44 OOO L2 Flexible Flexible 4,200 Lot Frontage, Minimum (feet): 90 75 60 60 75 100 100 Flexible Flexible' N/A Living Area, Minimum A/C (square feet): 1,800 1,600 1,400 1,200 750 750 650 459 Flexible 494 Flexible N/A Lot Coverage, Maximum: 45% 45% 45% 50% 40% 40% 50% 50% N/A N/A Floor -Area -Ratio (FAR) for Non- Residential, Maximum: N/A N/A N/A N/A 0.106 N/A NSA � 44WN/A N/A N/A Structure Height, Maximum (feet): 30 30 30 30 25' 4586 45 45'-' V5 30 Building Setbacks, Minimum (feet): Front: 25 25 25 25 25 40 20 Flexibles Flexibles 20 Interior side: 10 10448 7.5 7.5 10 20 20 Flexibles Flexibles 5 Corner side: 25' 25' 25' 25' 25' 40 20 Flexibles Flexibles 10}411 Rear: 20' 20' 20' 20' 25' 40 40 Flexibles Flexibles 104`411 Special rear yard setback reductions for 1 -story building additions abutting: Maximum Percentage of Reduction: I-95 or railroad tracks: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Intracoastal Waterway(ICWW): 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Lake: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Golf course: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Canal wider than 150 feet: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Canal narrower than 150 feet: 33% 33% 33% 33% N/A N/A N/A N/A N/A N/A Commercial/industrial: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Public/private park: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Perimeter wall abutting non- 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Page 381 of 678 residential: Administrative Adjustment: Maximum Percentage of Reduction (to standard yard setback): Front yard: 20% 20% 20% 20% N/A N/A N/A N/A N/A N/A Side yard: 20% N/A 20% 20% N/A N/A N/A N/A N/A N/A Rear yard: 25% 25% 25% 25% N/A N/A N/A N/A N/A N/A General Notes: 1,2 1,2 1,2 1,2 3 3 1.3 429 1. The setback reduction provisions shall not supersede any setbacks that are recorded on a plat and shall not be used in conjunction with the setback reductions allowed bv administrative adjustments. 2. An administrative adjustment to reduce a setback maybe granted if any first floor addition follows the building line of a legally non -conforming single-family structure, or a building line previously approved by a variance. 3. Existing and/or planned single-family homes shall conform to the R-1 district requirements. Duplex homes shall conform to the R-2 district requirements. 4. Where orientation of adjacent lots on both street frontages provides typical front yard setbacks, the corner lot shall provide for front yard setbacks along both streets. When two (2) front yard setbacks are provided for on a corner lot, no rear yard back setback shall be required, only side yard setbacks shall be imposed. 5. Minimum required perimeter setbacks of an IPUD or PUD are flexible except where adjacent to single-family residential zoning. Where adjacent to single- family zoning, required perimeter setbacks shall resemble the setbacks of the adjacent development based upon the orientation of structures with said development. Also, perimeter buildings shall have an increased setback of one (1) additional foot for every foot of building height in excess of thirty (30) feet. Project design along abutting roadway(s), including setbacks, shall be based on existing development patterns or applicable recommendation from the respective development plan. 86 Not to P,*eP+d font! (4) ..taro,.. See Note #5 for additional setback requirements relative to building height. 97. A lesser building height may be required for compatibility with adjacent develaptnent properties. See Note #5 for more additional setback requirements relative to building height. 448. The minimum lot area shall be seven thousand, five hundred (7,500) square feet and the minimum side yard shall be seven and one-half (7-1/2) feet for properties developed and/or platted prior to June 13, 1975. 429. Notal usable open space shall be calculated at of two hundred (200) square feet a f usable aper space `hall be .•....u:red f r each per dwelling unit (also see Chapter 4, Article flI, Section 8.). 4-310. The maximum allowable density is determined by the applicable future land use classification of the Comprehensive Plan. 4411. Perimeter building setbacks of the mobile home park district shall mirror the building setbacks of adjacent zoning district(s), but with a minimum of the setback required for a single-family residence. 412. Multi -family dwellings and group homes require four thousand (4,000) square feet. All other uses allowed in R-3 and R-4 require twenty thousand (20,000) square feet. Page 382 of 678 Code of Ordinances, Part III. LDR, Ch. 3, Art. III. Sect. 1. Overview E. Mixed -Use Urban Building and Site Regulations (Table 3-4) MIXED USE, URBAN MU -LI MU -L2 MU -L3 MU -4 MU44C Lot Area, Minimum (acres): Public park N/A N/A N/A N/A N/A All other uses 0.50 0.75 1 1 1 Lot Frontage, Minimum (ft.)' 100 100 1502 200 200 Structure Ht., Minimum (ft.) 30 30 30 45 45 Maximum Height (ft.)33 45 65 75 100 150/1254 a�g Maximum Density (DUs/Acre)fio. 20 4840 4850 60 80 Maximum F.A.R.' 1" 1.0 2.0 3.0 4.0 4.0 Build -to -line All sides abutting a collector or arterial road Factor of Pedestrian Zone Requirement-`�'- Abutting a Local street e-' 0�'7 e-' 0�'7 e-' Interior side 0�'7 e-' 0�'7 e-' Building Setbacks, Minimum Rear abutting: Residential single-family 255 f"� 25 5 255 25 5 255 Intracoastal waterway 255 255 255 255 255 Side abutting Residential single-family 255 f"� 255 255 25 5 25 5 Usable Open Space, Minimum (sq. ft.)L9 N/A N/A N/A 1% 2% 1. Maybe reduced if frontage extends from right-of-way to right-of-way. 2. Minimum of fifty (50) feet, if frontage is on a collector/local collector roadway. 63. Maximum height on any street frontage is forty-five (45) feet. Maximum height on Intracoastal Waterway is thirty-five (35) feet. Heights may require reduction where adjacent to a single-family zoning district where necessary to achieve the compatibility requirements of these regulations. 64. Maximum height reduced to one hundred twenty-five (125) feet for the entire project where property abuts any other MU -L or residential zoning district not separated by a right-of-way. -75. Plus one (1) additional foot for each foot of height over thirty-five (35) feet. 96. Where there is an intervening right-of-way of at least forty (40) feet. 4-07. Buildings and structures shall be located no farther than zero (0) feet from the property line, except in conjunction with providing required visibility at intersections, driveways; open spaces and public plazas; or when additional setback is necessary to provide for required "Pedestrian Zone (PZ). Building placement is a factor of roadway type and CRA district, which determines the min. width and design of the PZ. Except for the Downtown District, where the minimum PZ width is 18', the minimum PZ in all other districts is 16 ft. See Section 5.C.2. below for additional relief provisions from build -to line requirements. 448. Listed eligible historic structures are not required to meet these standards. 449. Usable open space shall be required for all developments two (2) acres in size or larger which shall be devoted to plazas or other public open space, excluding private recreation. See Chapter 4, Article III, Section 8 for additional regulations. 4-410. Projects within the transit core shall have minimum densities as follows: MU -Ll - eleven (11), MU -L2 - twenty (20), MU -L3 - thirty (30), MU -4 - thirty-five (35) and MU44C - forty (40) dwellings per acre (except that minimum density for the MU -44C district applies to projects located within the entire station area). 4511. Projects within the transit core shall have a minimum FAR as follows: MU4,3 - one and three-quarters (1.75), MU -4 (2.0) and MU -44C - two (2.0) (except that minimum FAR for the MU -44C district applies to projects to be located within the entire station area). 4H12. The maximum density for projects within the Downtown Transit -Oriented Development District Owe (the Station Area) may be increased up to twenty-five percent (25%) over the maximum density allowed in the underlying zoning district through participation in the City's Workforce Housing Program. Page 383 of 678 Code of Ordinances, Part III. LDR, Ch 3, Art. III. Zoning Districts & Overlays Sect. 2 Residential Districts G. R-4 Multi -family Residential District. 1. General. The Purpose of the R-4 zoning district is to implement the High Density Residential (HDR) future land use map classification of the Comprehensive Plan. The intent of this conventional district is to provide for higher residential densities that suport infill development opportunities. At the allowed maximum density, intended development can provide a graduated transition to densities and intensities of mixed use redevelopment projects in a compact form. Although this district is not a planned zoning district, development attributes should similarly emphasize design that is sensitive to its context within the urban redevelopment area, including interconnectivity and pedestrian accommodations, sustainable and/or smart growth building and landscaping design, building placement and orientation of project to the local street network and on -street parkin. 2. Use(s) Allowed. See "Use Matrix Table 3-28" in Chanter 3_ Article IV_ Section 3.1). 3. Building and Site Regulations (Table 3-10). a. Existing and/or future single-family dwellings shall conform to the building and site regulations of the R-1 district (see Table 3-8 in Section 2.D.3. above). b. Duplex dwellings shall conform to the building and site regulations of the R-2 district (see Table 3-9 in Section 2.E.3. above). c. Multiple -family and group homes shall conform to the lot and building requirements of that portion of Table 3-10 below pertaining to "residential uses". d. All uses, excluding single-family, duplex, multi -family, and group homes, shall conform to the lot and building requirements of that portion of Table 3-10 below pertaining to "non-residential uses". BUILDING/SITE REGULATIONS R-4 District (Residential Uses) Minimum lot area (per unit): 4,000 s.f. Minimum lot frontage: 100 feet Minimum yard setbacks: Front: 40 feet Rear: 40 feet Interior side: 20 feet Corner side: 40 feet Minimum living area: 650 s.f. Maximum lot coverage: 50% Maximum structure height: :A 45 feet (Non -Residential Uses) Minimum lot area: 20,000 s.f. Minimum lot frontage: 100 feet Page 384 of 678 Minimum yard setbacks: Front: 40 feet Rear: 40 feet Interior side: 20 feet Corner side: 40 feet Minimum livinL area: N/A Maximum lot coverage: 40% Maximum Floor Area Ratio (FAR) N/A Maximum structure height: 45 feet 4. Accessory Structures. Walls_ fences. pools_ sheds. screen -roof enclosures_ and other structures are regulated in accordance with Chapter 3, Article V, Suplemental Regulations. 5. Review and Approval Process. a. Single-family and duplex dwellings and accessory uses thereto shall be allowed upon application to and aproval by the Building Official for structures that require a building permit pursuant to Chapter 2, Article IV, Section 2. b. Community and common areas, such as recreational areas, landscape buffers and tracts, and project signage may be subject to site plan review. In these instances, site plan amay be subject to site plan review. In these instances, site plan roval shall be required prior to application for building permit. c. Multiple -family dwellings and non-residential uses shall require site plan approval in accordance with Chapter 2, Article 11, Section 2.F. prior to aplication for building permit. 6. Parkiniz. Reauired off-street narkiniz is regulated in accordance with Chanter 4. Article V. Minimum Off -Street Parking Requirements. Page 385 of 678 Code of Ordinances, Part III. LDR Chapter 3, Art. III. Sec. S. Mixed -Use (Urban) Districts. A. General. 1. Purpose and Intent. The mixed-use �H4+zoning districts are_ 1o.stiv intended to implement the C RA,_Connnunity Redevelopment Plans, in part, by providing for a mixture of land uses, acconnnodating varying densities and intensities appropriate for each p4-a44+g-w-CRA,_cl5tt.c1, and by establishing quality streetscapes and pedestrian environments as part of a compact urban setting. Thee nixed use districts also support transit ridership, -in particular,_thr��ughhigher density and intensity -ale development o% ter ,� llaaea- plea -pa �i$ e<a iltls ,w—i' a . a_ �. h--Sa=0e+:4w a4- -R�1-Q6_4 **W'it11in t17 €, desi4;nated D�1��n mvii Transit or iemc De ei�lp�nent District €�ffb�}. Additional standards and requirements of this section are based on the proximity to the planned train station, and location within the transit core, which is defined as the area extending one-quarter (1/4) mile from the train station�n -4o4-4@4ue4-*44%A3. To ensure compliance with these Regulations, an application for site plan approval shall be required and reviewed concurrently with any request to rezone lands to a inixed-use (urban) district, except as provided in Section 2.D. Le. Also see Chapter 4, Article III, Section 6.H. for design and compatibility standards._;- w s tI '_w) The objectives of the mixed-use (urban) districts are as follows: a. Support and enhance revitalization efforts in the city's traditional commercial core area through the provision of compact, transit -supportive, high density and intensity development; b. Allow for commercial services to be provided to new residential developments in planned locations with appropriate densities, heights, and mixtures of uses; c. Create optimal pedestrian environments and spaces through well located public plazas, expanded public sidewalks, maximized internal and external interconnectivity and design of pedestrian -friendly vehicular circulation areas; d. Allow flexibility in architectural design and building bulk while maximizing compatibility and hannony with adjoining development; e. Create surrounding areas that complement rather than compete with the downtown; and f. Create higher quality environments for residents, businesses, employees, and visitors as detennined by how well the urban centers function seamlessly with respect to interconnectivity between the principal uses, activity centers, and transportations systems, fonning a cohesive and desirable sense of place. 2. Description of Districts. a. Mixed Use -Law h4ensi4t, 1 (MU --b1). The MU --b1 district implements the Mixed +iUse Low (MXLL) future land use map (FLUM) classification of the Comprehensive Plan and has a maximum residential density of twenty (20) dwelling units per acre, except within the Downtown Transit -Oriented Development District (DTODD) Overlay (the Station Area), where the maximum density is may be twenty-five (25) dwelling units per acre through participation in the City's Workforce Housing Promo rain. In addition, projects located within the transit core of the Station Area shall have a minimum density of eleven (11) dwelling units per acre. This minimum density requirement shall be applicable to any such project regardless of whether the site is partially or entirely located within the transit core. b. Mixed Use -Law h4ensi4t, 2 (MU -Q). The MU -Q district implements the Mixed +iUse Medium (MXM) future land use map (FLUM) classification of the Comprehensive Plan and has a maximum residential density of thirty (30) dwelling units per acre, except within the Downtown Transit -Oriented Development District (DTODD) Overlay (the Station Area), where the maximum density is may be thirty-seven and one-half (37.5) dwelling units per acre through participation in the City's Workforce Housing Program. In addition, projects located within the transit core of the Station Area shall have a minimun density of twenty (20) dwelling units per acre. This minimum density requirement shall be applicable to any such project regardless of whether the site is partially or entirely located within the transit core. c. Mixed Use -Law h4ensi4t, 3 (MU --b3). The MU --b3 district implements the Mixed +iUse Medium (MXM) future land use map (FLUM) classification of the Comprehensive Plan and has a maximum residential density of forty (40) dwelling units per acre, except within the Downtown Transit -Oriented Development District (DTODD) Overlay (the Station Area), where the maximum density is may be fifty (50) dwelling units per acre through participation in the City's Workforce Housing Program. In addition, projects located within the transit core of the Station Area shall have a minimum density of thirty (30) dwelling units per acre. This minimum density requirement shall be applicable to any such project regardless of whether the site is partially or entirely located within the transit core. d. Mixed Use -4 (MU -4). The MU -4 district implements the +nMixed +iUse eare Hi (MX -C -H) future land use map (FLUM) classification of the Comprehensive Plan and has a maximum residential density of sixty (60) dwelling units per acre, except within the Downtown Transit -Oriented Development District (DTODD) Overlay (the Station Area), where the maximum density is may be seventy five (75) dwelling units per acre through participation in the City's Workforce Housing Program. In addition, projects located within the transit core of the Station Area shall have a minimun density of thirty five (35) dwelling units per acre. This minimum density requirement shall be applicable to any such project regardless of whether the site is partially or entirely located within the transit core. The intent of this new district is to facilitate the establishment of high density and intensity Page 386 of 678 development nodes at strategic locations that support downtown redevelopment, while in certain location also providing a proper continuum of, or transition in scale between the Mixed Use Core (MU -14C) and Mixed Use- 3 (MU -E3) Districts. e. Mixed Use -High Core (MU -14f). The MU -14C district implements the }nMixed uUse c -Core (MX -C) future land use map (FLUM) classification of the Comprehensive Plan and has a maximum residential density of eighty (80) dwelling units per acre, except within the Downtown Transit -Oriented Development District (DTODD) Overlay (the Station Area), where the maximum density is may be one hundred (100) dwelling units per acre through participation in the City's Workforce Housing Promo rain. In addition, projects located within the Station Area shall have a minimum density of thirty (30) dwelling units per acre. This minimum density requirement shall be applicable to any such project regardless of whether the site is partially or entirely located within the transit core. The intent of this district is to supplant the cCentral bBusiness dDistrict (CBD) in the historic downtown and marina district. 3. Location and General Use Requirements. a. General. The mixed use (urban) districts are intended for projects that promote sustainable design with respect to land use, energy conservation, resource management, and social equity. Rezoning to any of these districts is encouraged for proposed development or redevelopment on lands that are in close proximity to existing infrastructure, public and alternative transportation routes and modes, employment centers, community areas, or have sustained or are complicated by environmental contamination. The mixed use (urban) zoning districts shall be applied to selected geographic areas east of I-95, where a mixture of uses and building intensities is intended to implement the city's Comprehensive Plan, C R, IC , lnlnunity Redevelopment Plans, and urban design guidelines including goals involving compact design, transit -oriented development, employment, population, transportation, housing, public facilities, and environmental quality. Pennitted uses and associated standards for development vary between the zoning districts each reflecting the importance of the district's location and relationship to the downtown. Maximum heights, densities, and intensities of development are regulated to achieve, in part, the intended vision as established within the Redevelopment Plan for each of the six planning districts, while ensuring land use compatibility. A master plan as a whole, comprised of individual buildings and parcels, would be reviewed for compliance with the requirements below pertaining to a residential component to the project, and commercial use on the first floor of a project. Projects not meeting the requirement for a residential component shall be reviewed for contribution to employment targets in accordance with FDOT standards for a community center TOD. b All Mi*ed Use Law , Teensity Mixed *Use -law ipAensity 1 (MU -El), Mixed use -104A, iPA014sity 2 (MU -E2), and i+iMixed uUse-ty 3 (MU -E3). (1) In order to complement the revitalization efforts in the downtown area, the MU -L zoning districts shall be applied to lands consistent with the Comprehensive Plan F LAUI e Lgiid Use Mijkand a= } c � C RA C 011i111M7 itV fP edevelopment pPlans. Such areas are generally described as Woolbright Road between I-95 and the FLC Railroad, Boynton Beach Boulevard between I-95 and Northwest 1 st Street, Martin Luther King Jr. Boulevard, Southeast 4th Street south to Southeast 5th Avenue, and Ocean Avenue between Southeast 4th Street and Southeast 1st Street. See the fe,,,p� 0111111 nitVRedevelopment pPlan for specific recommendations on locations and boundaries. (2) These MU -E districts are appropriate for low- to inid-rise developments that provide for indium density residential and low to indium intensity commercial and office uses. (3) The review of these applications will emphasize compactness, aesthetics and design quality, and physical compatibility with adjacent land uses. (4) Except where limited by Table 3-21 in Chapter 3, Article III, Section S.C., all new developments within the MU -El and MU -E2 districts that contain a non-residential use shall front on streets designated as "arterial", or "collector", roadways on the Functional Classification of Roadways Map. All projects within the MU -E3 district and proposed within the transit core must contain a residential component, and all projects proposed within these +nMixed uUse4we intensity districts that front on an arterial road must have space on the first floor devoted to coni nercial use. (5) Maximum height may be further limited in certain geographic areas to further applicable redevelopment plans and maintain compatibility with an abutting single-family district. c. Mixed Use- 4 (MU -4). (1) The +HMixed uUse -,:��4 (MU -4) district shall only be applied to lands classified as mixed use -core (MX -C) on the future land use map as recoimnended by the Community Redevelopment Plan. (2) The MU -4 district is appropriate for high density/intensity development intended for designated nodes such as properties at the intersection of US -1 and Woolbright Road, and the downtown area, which is generally located east of the FEC Railroad, including the marina district, and which extends out from the planned train station by approximately three (3) to four (4) blocks. Such developments shall include a mix of uses designed in a compact vertical style. Developments proposed within the Downtown Transit -Oriented Development District Overlay (the Station Area) must contain a residential component and have space on the first floor which shall be devoted to coimnercial uses for those portions of the project having frontage along Ocean Avenue or an arterial road. (3) All new developments within this district shall front on streets designated as "arterial" roadways on the Functional Classification of Roadways Map. d. Rezoning of Single-family Districts. All requests to rezone any single-family residential district to a mixed use zoning district shall be subject to the following additional requirements: Page 387 of 678 (1) Height, density and intensity of development shall be consistent with the redevelopment plan for the redevelopment district; (2) Ratio of lot frontage to depth that is no more than one (1) foot (frontage) to one and one-quarter (1.25) foot (depth); (3) Vehicular access to the property located to minimize impacts on adjacent single-family developments and meet safety standards; and (4) Landscape barriers provided, in accordance with the landscape regulations of this Code, where the rezoned property abuts single-family residential zoning ed. Mixed Use-uig' mens (MU -14C). (1) The +aMixed tiUse ,��C (MU -14!D district shall only be applied to lands classified as mixed use-ee-F€-17i h (MX -C -H) on the future land use map. (2) The MU -14C district is appropriate for high density/intensity development intended for the downtown area, which is generally located east of the FEC Railroad, including the marina district, and which extends out from the planned train station by approximately three (3) to four (4) blocks. Such developments shall include a inix of uses designed in a compact vertical style. Developments proposed within the Downtown Transit -Oriented Development District Overlay (the Station Area) must contain a residential component and have space on the first floor which shall be devoted to coininercial uses for those portions of the project having frontage along Ocean Avenue or an arterial road. (3) All new developments within this district shall front on streets designated as "arterial' roadways on the Functional Classification of Roadways Map. de. Rezoning of Single-family Districts. All requests to rezone any single-family residential district to a mixed use zoning district shall be subject to the following additional requirements: (1) Height, density and intensity of development based on toe read ay f+ai4 ge the standards indicated in Table 3-21; (2) Ratio of lot frontage to depth that is no more than one (1) foot (frontage) to one and one-quarter (1.25) foot (depth); (3) Vehicular access to the property located to minimize impacts on adjacent single-family developments and meet safety standards; and (4) Landscape barriers provided, in accordance with the landscape regulations of this Code, where the rezoned property abuts single-family residential zoning. B. Use(s) Allowed. See "Use Matrix, Table 3-28" in Chapter 3, Article IV, Section 3.D. C. Building and Site Regulations. Page 388 of 678 Sect. 5.C.1. Building and Site Regulations (Table 3-21). MIXED USE, URBAN MU_L1 MU -L2 MU -L3 MU -4 MU44C Lot Area, Minimum (acres): Public park N/A N/A N/A N/A N/A All other uses 0.50 0.75 1 1 1 Lot Frontage, Minimum (ft.)' 100 100 1502 200 200 Structure Ht., Minimum (ft.) 30 30 30 45 45 Maximum Height (ft.)33 45 65 75 100 150/125' Maximum Density (DUs/Acre)}°L0� Lz 20 -3440, 4430, 60 80 Maximum F.A.R.`11 1.0 2.0 3.0 4.0 4.0 Build -to -line (ft.)4�: All sides abutting a collector or arterial road Factor of Pedestrian Zone Requirement�'- Abutting a Local street e-' 0�'7 e-' 0�'7 e-' Interior side e-' 0�'7 e-' 0�'7 e-' Building Setbacks, Minimum (ft.)4�: Rear abutting: Residential single-family 25�5/0r 5"� 25 5 255 25 5 255 Intracoastal waterway 255 255 255 255 255 Side abutting Residential single-family 255 f"� 255 255 25 5 25 5 Usable Open Space, Minimum (sq. ft.)49 N/A N/A N/A 1% 2% 1. Maybe reduced if frontage extends from right-of-way to right-of-way. 2. Minimum of fifty (50) feet, if frontage is on a collector/local collector roadway. 33. Maximum height on any street frontage is forty-five (45) feet. Maximum height on Intracoastal Waterway is thirty-five (35) feet. Heights may require reduction where adjacent to a single-family zoning district where necessary to achieve the compatibility requirements of these regulations. 64. Maximum height reduced to one hundred twenty-five (125) feet for the entire project where property abuts any other MU -L or residential zoning district not separated by a right-of-way. -75. Plus one (1) additional foot for each foot of height over thirty-five (35) feet. 96. Where there is an intervening right-of-way of at least forty (40) feet. 1. c41.: o,.t to P 4-07. Buildings and structures shall be located no farther than zero (0) feet from the property line, except in conjunction with providing required visibility at intersections, driveways; open spaces and public plazas; or when additional setback is necessary to provide for required "Pedestrian Zone (PZ). Building placement is a factor of roadway type and CRA district, which determines the min. width and design of the PZ. Except for the Downtown District, where the minimum PZ width is 18', the minimum PZ in all other districts is 16 ft. See Section 5.C.2. below for additional relief provisions from build -to line requirements. 4-4-8. Listed eligible historic structures are not required to meet these standards. 449. Usable open space shall be required for all developments two (2) acres in size or larger which shall be devoted to plazas or other public open space, excluding private recreation. See Chapter 4, Article III, Section 8 for additional regulations. 4-410. Projects within the transit core shall have minimum densities as follows: MU -Ll - eleven (11), MU -L2 - twenty (20), MU -L3 - thirty (30), MU -4 - thirty-five (35) and MU -44C - forty (40) dwellings per acre (except that minimum density for the MU -44C district applies to projects located within the entire station area). 4511. Projects within the transit core shall have a minimum FAR as follows: MU4,3 - one and three-quarters (1.75), MU -4 (2.0) and MU -44C - two (2.0) (except that minimum FAR for the MU -44C district applies to projects to be located within the entire station area). 4-612. The maximum density for projects within the Downtown Transit -Oriented Development District 0- o (the Station Area) maybe increased up to twenty-five percent (25%) over the maximum density allowed in the underlying zoning district through participation in the Citv's Workforce Housing Program. Page 389 of 678 Code of Ordinances, Part III. LDR Ch. 3, Art. III. Sect. 8. Overlay Zones B. Martin Luther King Jr. Boulevard Overlay Zone. 1. Intent. This overlay zone has been established to implement recommendations from the Vision 20/20 Redevelopment Plan, which identified a segment of the Martin Luther King Jr. Boulevard as an opportunity for redevelopment and revitalization. The ultimate design and site standards of this section are intended to create a traditional street corridor with pedestrian improvements, storefronts along the sidewalk, and a mixture of uses. The corridor is to contain an ambience supported by pleasant signage and building appearance, potted landscaping, store windows and public open spaces. This overlay zone is also appropriate for development of small properties to allow for consistency with the vision represented by the respective mixed use zoning district, and/or as an interim redevelopment mechanism until greater redevelopment occurs using the respective mixed use zoning district. All development within the Martin Luther King Jr. Boulevard corridor shall occur according to the provisions of the adopted plan as stated below. 2. Defined. The Martin Luther King Jr. Boulevard Overlay Zone (MLKBOZ) is hereby established as the area defined by the parcels fronting on that portion of the Boulevard located east of Seacrest Boulevard and west of Federal Highway right-of-way, along with those parcels adjacent to the north and south of these parcels that front on the Boulevard if assembled and development as a unified project. 3. Use(s) Allowed. (See "Use Matrix" - Chapter 3, Article IV, Section 3.D.). 4. Building and Site Regulations. Development within this Overlay Zone shall be in accordance with building and site regulations applicable to the underlying zoning district except as follows: a. Parcels that have frontage along Martin Luther King Jr. Boulevard shall have the same front setback in accordance with the i*Mixed uUse !&v, ifitef sig, 1 zoning district (see Section 5.C. above). b. Minimum interior and corner side setbacks shall be in accordance with the i*Mixed ttUse- intensity I zoning district (see Section 5.C. above). Page 390 of 678 Code of Ordinances, Part III. LDR Ch. 3, Art. V. Supplemental Regulations, Sec. 10. Mobile Vendor Regulations. A. Purpose and Intent. The purpose of this section is to provide for the regulation of mobile vending activities, including assembly on public and private property, in certain commercial and mixed use zoning districts of the city, in order to promote the public interest by contributing to an active and attractive pedestrian environment. In recognition thereof, reasonable regulation of mobile vending is necessary to protect the public health, safety, and welfare and the interests of the city in the primary use of public streets, sidewalks, and parking areas, for use by vehicular and pedestrian traffic. B. Definitions. See Chapter 1, Article 11 for specific definitions applicable to mobile vending units (MVU). C. Approval Required. It shall be unlawful for any establishment or organization to engage in or carry on the business of vending food, goods, or services, upon public or private property in the city without first having secured a permit or permits as required by this section. See Chapter 2, Article 11, Section 7.C. for the process and procedure to obtain approval for an MVU. It is not the intent of these Regulations to be applied to mobile vendors temporarily approved in conjunction with a special sales event or Special Event Permit. See Section 6 above for additional regulations regarding special sales events. D. Districts. The operating area of an MVU shall be entirely located in the following zoning districts: C- 1, C-2, C-3, C-4, CBD, PCD, SMU, MU -E1, MU -L-2, MU -E3, MU -4, MU -14C, M-1, PU, REC, PUD, and PID. Page 391 of 678 e. Zoning Districts and Affiliated Process (Table 3-29). Zoning District Concealed Attached WCF 1 Non- concealed Attached WCF2 Concealed Freestanding WCF 4 Non- concealed Freestanding WCF4 Mitigation of Existing WCF 7 Antenna Element Replacement Co -location 8 R-1 CC 3 AD AD AD R-2 AD CC 3 AD AD AD R-3 AD AD CC 3 AD AD AD R-4 AD AD CC3 AD AD AD PUD AD AD CC AD AD AD IPUD AD AD CC AD AD AD MBPD CC AD AD AD C-1 AD CC AD AD AD C-2 AD CC AD AD AD C-3 AD AD CC AD AD AD C-4 AD AD CC AD AD AD CBD AD AD CC AD AD AD PCD AD AD CC AD AD AD REC AD AD CC CC 5,6 AD AD AD PU AD AD CC CC 5,6 AD AD AD SMU AD AD CC AD AD AD MU4 -1 AD AD CC AD AD AD MU4 -2 AD AD CC AD AD AD MU4 -3 AD AD CC AD AD AD MU -4 AD AD CC AD AD AD MU44C AD AD CC AD AD AD PID AD AD CC CC AD AD AD M-1 AD AD CC CC AD AD AD Page 392 of 678 Legend: AD - Administrative (Staff) Approval CC - City Commission (Public Hearing) Approval Blank - Not Allowed Footnotes: 1 Concealed attached WCF shall only be allowed on building features that are a minimum of forty (40) feet in height, not to exceed fifteen (15) feet above the roofline. 2 Non -concealed attached WCF are allowed on utility poles and freestanding lights within a public right-of-way, subject to agreement with the agency representative with jurisdiction over the right-of-way and/or the utility company. 3 Concealed freestanding WCF in residential districts shall only be allowed on lots of one (1) acre or more that have a non- residential use (school, church). 4 A minimum separation of seven hundred fifty (750) feet is required between freestanding WCF. Requires conditional use approval. In industrial districts, except where prohibited in a mixed use pod with a residential component within a PID, the maximum height shall be limited to one hundred (100) feet if located less than one thousand (1,000) feet from a residential use, and one hundred fifty (150) feet if located in excess of one thousand (1,000) feet from a residential use. 5 Only when located on city -owned property of two (2) acres or more. 6 Restricted to a maximum height of one hundred (100) feet. A setback of three (3) times the height of WCF structure required from the property line of an adjacent residential use. 7 Replacement WCF with increased height requires public hearing approval. 8 Administrative approval unless on city -owned site and the lease requires each tenant to have a separate lease with city (each lease requires City Commission approval as a lease amendment), or the lease requires written consent letter (City Commission consent agenda). Zoning Districts: R-1 Single -Family Residential C-2 Neighborhood Commercial SMU Suburban Mixed Use R-2 Duplex Residential C-3 Community Commercial MU -I.--1 Mixed Use' ^W IRtG^60 1 R-3 Multi -Family Residential C-4 General Commercial MU -6-2 Mixed Use' ^W IRtG^60 2 R-4 Multi -Family Residential CBD Central Business District MU -6-3 Mixed Use' ^W IRtG^60 3 PUD Planned Unit Development PCD Planned Commercial Development MU -4 Mixed Use 4 IPUD Infill Planned Unit Development REC Recreation MU44C Mixed Use 40 Core MHPD Mobile Home Planned Development PU Public Usage PID Planned Industrial Development C-1 Office Professional M-1 Light Industrial Page 393 of 678 f. Maximum Heights of WCF (Table 3-30). Zoning District Concealed Attached WCF Non- concealed Attached WCF Concealed Freestanding WCF Non- concealed Freestanding WCF Mitigation of Existing WCF Antenna Element Replacement Co - location R-1 55' 3,4 7 7 7 R-2 2 55' 3,4 7 7 7 R-3 1 2 55' 3,4 7 7 7 R-4 1 2 55' 3,4 7 7 7 PUD 1 2 75' 3,4 7 7 7 IPUD 1 2 75' 3,4 7 7 7 MHPD 55' 3,4 7 7 7 C-1 2 55' 4 7 7 7 C-2 2 55' 4 7 7 7 C-3 1 2 75' 4 7 7 7 C-4 1 2 75' 4 7 7 7 CBD 1 2 130'4 7 7 7 PCD 1 2 75' 4 7 7 7 REC 1 2 100' 4 100' 4,5,6 7 7 7 PU 1 2 100' 4 100' 4,5,6 7 7 7 SMU 1 2 70' or less 4 7 7 7 MU -6-1 1 2 70' or less 4 7 7 7 MU -6-2 1 2 70' or less 4 7 7 7 MU -6-3 1 2 70' or less 4 7 7 7 MU -4 1 2 70' or less 4 7 7 7 MU44C 1 2 70' or less 4 7 7 7 PID 1 2 100-150' 4 100-150' 4 7 7 7 M-1 1 2 100-150' 4 100-150' 4 7 7 7 Footnotes: I Concealed attached WCF shall only be allowed on buildings that are a minimum of 40 feet in height, not to exceed 15 feet above the roofline. 2 Non -concealed attached WCF are allowed only on utility poles and freestanding lights that are more than 40 feet in height, and located within a public right-of-way (subject to agreement with the agency representative with jurisdiction over the right-of-way and/or the utility company) or on existing ball park light poles that are more than 50 feet in height. The total length of any antenna shall not exceed 15 percent of the height of the existing utility or light pole. 3 Freestanding WCF in residential districts shall only be allowed on lots of one (1) acre or more that have a nonresidential use (school, church, etc.). Maximum height is limited to 25 feet above the maximum building height of the zoning district. 4 A minimum separation of 750 feet is required between freestanding WCF. In industrial districts, except where prohibited in a mixed-use pod with a residential component within a PID, the maximum height shall be limited to 100 feet if located less than 1,000 feet from a residential use, and 150 feet if located in excess of 1,000 feet from a residential use. In all mixed-use districts height is limited to approved building height or 70 feet whichever is less. 5 Only when located on City -owned property of two (2) acres or more. 6 Restricted to a maximum height of 468 100 feet. A setback of three (3) times the height of WCF structure required from the property line of an adjacent residential use. 7 Shall comply with maximum height per table based on WCF type and zoning district. Any additional height requires public hearing approval. Page 394 of 678 g. Setbacks and Separation Between WCF (Table 3-31). Zoning District Concealed Attached WCF Non- concealed Attached WCF Concealed Freestanding WCF Non- concealed Freestanding WCF Mitigation of Existing WCF Antenna Element Replacement Co -location R -I 3,4 6 7 R-2 2 3,4 6 7 R-3 1 2 3,4 6 7 R-4 1 2 3,4 6 7 PUD 1 2 3,4 6 7 IPUD 1 2 3,4 6 7 MBPD 3,4 6 7 C-1 2 3,4 6 7 C-2 2 3,4 6 7 C-3 1 2 3,4 6 7 C-4 1 2 3,4 6 7 CBD 1 2 3,4 6 7 PCD 1 2 3,4 6 7 REC 1 2 3,4 4,5 6 7 PU 1 2 3,4 4,5 6 7 SMU 1 2 3,4 6 7 MU -L -I 1 2 3,4 6 7 MU -b-2 1 2 3,4 6 7 MU -b-3 1 2 3,4 6 7 MU -4 1 2 3,4 6 7 MU44C 1 2 3,4 6 7 Page 395 of 678 PID 1 2 3,4 4,5 6 7 M-1 1 2 3,4 4,5 6 7 Footnotes: 1 Concealed attached WCF shall only be allowed on buildings that are a minimum of forty (40) feet in height, not to exceed fifteen (15) feet above the roofiine. 2 Non -concealed attached WCF are allowed only on utility poles and freestanding lights that are more than forty (40) feet in height, and located within a public right-of-way (subject to agreement with the agency representative with jurisdiction over the right-of-way and/or the utility company) or on existing ball park light poles that are more than fifty (50) feet in height. The total length of any antenna shall not exceed fifteen percent (15%) of the height of the existing utility or light pole. 3 Freestanding WCF in residential districts shall only be allowed on lots of one (1) acre or more that have a non-residential use (school, church, etc.). Maximum height is limited to twenty-five (25) feet above the maximum building height of the zoning district. 4 A minimum separation of seven hundred fifty (750) feet is required between freestanding WCF. In industrial districts, except where prohibited in a mixed use pod with a residential component within a PID, the maximum height shall be limited to one hundred (100) feet if located less than one thousand (1,000) feet from a residential use, and one hundred fifty (150) feet if located in excess of one thousand (1,000) feet from a residential use. In all mixed use districts height is limited to approved building height or seventy (70) feet whichever is less. 5 Only when located on city -owned property of two (2) acres or more. 6 Restricted to a maximum height of one hundred (100) feet. A setback of three (3) times the height of WCF structure required from the property line of an adjacent residential use. 7 Shall comply with maximum height per table based on WCF type and zoning district. Any additional height requires public hearing approval. Page 396 of 678 Code of Ordinances, Part III. LDR Ch. 4, Art. III. Exterior Building and Site Design Standards Sect. S. Design Standards for Specific Uses in the Use Matrix The following uses, which correspond with the Notes and Restrictions of Chapter 3, Article IV, Section 3.1), contain special standards related to exterior building and site design: A. Group Home Type land Type 2. For new construction, the facility shall have building elevations that are residential in character and similar in appearance to the surrounding neighborhood. They shall not be institutional in appearance. B. Auto Dealer, New. Within the MU -L-3 and MU -14C districts, the following shall apply: Overhead doors shall not be visible from any major roadway frontage. C. Auto Dealer, Used. Within the MU -L-3 and MU -14C districts, the following shall apply: Overhead doors shall not be visible from any major roadway frontage. D. Gasoline Stations. All Gasoline Stations located on designated out -parcels to shopping centers, business centers, or other planned commercial developments shall conform in design to the approved design plan of the principal center. E. Automobile Rental. Within the MU -L-3 and MU -14C districts, the following shall apply: Overhead doors shall not be visible from any major roadway frontage. See Section 3.G above for additional regulations regarding overhead doors. H. Storage, Self -Service. For all Self -Service Storage facilities adjacent to or visible from any arterial right- of-way roadway, the following shall apply: 1. The exterior colors, facades, windows, roof, and building materials shall be compatible with the character of, or vision for the surrounding. Self-service Storage facilities shall incorporate design elements to achieve the effect of office structures. 2. All facades visible from arterial roadways shall provide variety and interest in the facade(s). These facades shall not exceed 50 feet in length without visual relief by means of a vertical reveal at least one (1) foot in depth and 10 feet in width, a perceptible change in wall angle, or a corner. Other design attributes shall include, roof slope and materials, windows, awnings, fencing and other aesthetic elements. 3. Within the SMU, MU -L-1, MU -L-2, and MU -L-3 districts, the following shall apply: Buildings shall be designed to have the appearance of a multi -story retail, office, and/or residential structure through the use of similar windows, shutters, and appropriate building elements on the upper floors. Sec. 6. Design Standards for Development in Urban Areas. A. General. 1. Purpose and Intent. The location of buildings/structures and off-street parking areas proposed for a development can directly impact the aesthetic fabric and quality of life for surrounding properties and the community as a whole. It is the purpose of this section to provide design standards that are tailored to distinct geographic areas of the City to ensure that the location and appearance of buildings/structures and off-street parking areas are appropriate with the type, intensity, scale, and location of redevelopment and new development. The intent of this section is to promote standards that are functional, practical, equitable, and creative. 2. Applicability. Unless otherwise specified, these standards shall apply to new projects and major modifications to existing developments located in the following: a. All properties currently zoned: (1) Central Business District (CBD); or Page 397 of 678 (2) Any "Mixed-Use (Urban)" district. For the purpose of this section, Mixed-Use (Urban) districts shall include the Mixed Use- 1 (MU-El), Mixed Use- 2 (MU-L-2), Mixed Use- (MU-E3), Mixed Use-4 (MU-4), and Mixed Use-14igh Tatefis t-yCore (MU-14C) district. b. Any commercially zoned property located: (1) Along Boynton Beach Boulevard, east of Interstate 95 and west of the Florida East Coast (FEC) Railroad right-of-way; (2) Within the Urban Commercial District Overlay Zone (UCDOZ); and (3) Within the Martin Luther King Junior Boulevard Overlay Zone (MLKBOZ). G. Sidewalks. The following regulations shall apply to sidewalks: 1. "Urban Mixed Use" Districts. The following regulations shall apply to sidewalks in all Urban Mixed Use zoning districts as described in Section 6.A.2.a.(2) above: a. Materials. Sidewalks shall, where practical, be Holland -Stone pavers, red/charcoal color mix 2 by Paver Systems, Inc., or equal, laid in a 4 S herringbone pattern to continue the consistent with the current design elements in place along Federal Highway. b. Design. Pedestrian circulation should be carefully planned to prevent pedestrian use of vehicular ways and parking spaces. In all cases, pedestrian access shall be provided to public walkways. 2. Mixed Use- Core (MU -14C) District. Sidewalks constructed along arterial roadways shall be a minimum of ten (10) feet wide, measured from the back of the curb. 3. Mixed Use Developments. Sidewalk accents via pavers or stamped colored concrete shall be utilized in all central pedestrian ways of mixed-use development areas. Sec. 8. Open Space and Plaza Requirements. A. General. 1. Purpose and Intent. Open air and semi -enclosed public gathering spaces can act as central organizing elements in a large development. They can also contribute to the relationship between different land uses and provide focal points and anchors for pedestrian activity. 2. Conflict. Whenever the regulations and requirements of this code are at conflict with any other lawfully enacted and adopted rules, regulations, ordinances, or laws, the most restrictive shall apply. Additionally, specific design provisions within the zoning district regulations of this subsection shall take precedence over the General Design Standards of Section 7.13. below. 3. Applicability (by Zoning District). a. Mixed Use -4 (MU -4) and Mixed Use- Core (MU -14C) Districts. Pursuant to Chapter 3, Article 111, Section 5.C.1, usable open space shall be required for all developments two (2) acres in size or larger. - Such space shall be devoted to usable open space, consisting of plazas or public open space, excluding private recreation areas. Page 398 of 678 Code of Ordinances, Part III. LDR Ch. 4, Art. V. Min. Off -Street Parking Requirements Sect. 2. Standards B. Table 4-17. Residential and Lodging Uses. Residential and Lodging Uses Standard Number of Required Parking Spaces Building area size is based upon gross floor area (in square feet) unless specifically expressed otherwise. Single-family, duplex dwelling, or mobile home: xi' a Efficiency or one (1) -bedroom apartment: 1.5 1,2, 3 Within (Mixed ttUse 4iehCore district: 1.333 Two (2) or more bedroom apartment: 21,2,3 Within ffiMixed uUse Core: 1.66 2,3 Dormitories: 1 per unit Hotel & motel suite: 1.25 per unit Within Mixed uUse Core: 1 per unit Group home (types 1, and 2): 2i° a Group home (type 3) 1 per 3 beds Bed & breakfast: 12,4 Live/work unit: 1 per 2 units 1. A minimum of two (2) spaces are required per unit, or 1 space per bedroom, whichever is greatest. Except that dwellings with 5 or more bedrooms are required 1.5 spaces per bedroom. This requirement shall apply to new construction, reconstruction, expansion of existing homes that increase the number of bedrooms, or when the home is the subject of an application for a business tax receipt or certification of use. 2. Residential driveways can be used to satisfy, or partially satisfy the parking space requirements for single-family detached dwelling units, duplexes, and multi -family dwelling units containing garages, provided such driveways are of sufficient size to meet the parking space requirements of this subsection. A residential driveway of sufficient size shall be provided prior to the issuance of a certificate of occupancy. If garages are used towards meeting minimum parking requirements, said garages shall remain open and available for vehicle parking consistent with the design represented at time of approval. For all required parking spaces not located within an enclosed garage, the first parking space shall be the minimum size required for a handicap space, exclusive of public or private rights-of-way, and all other required spaces must be dimensioned in accordance with current city standards. All driveways shall be setback at least two (2) feet from interior side and corner side property lines, and maintained and drained so as to prevent nuisance conditions or a danger to the public and/or adjacent property owners. Any expansion to an existing driveway shall require a zoning permit from the Planning and Zoning Division in accordance with the procedures specified in Chanter 2, Article 11, Section S.B.; however, any driveway expansion (or similar impervious surface) that is equal to or greater than eight hundred (800) square feet shall require the approval of a land development permit in accordance with Chapter 2, Article 111, Section 3. Any work, such as a driveway, proposed within the swale (right-of-way) shall require a permit from the Engineering Division in accordance with the procedures specified in Chapter 2, Article 111, Section 4. Page 399 of 678 3. Guest parking shall be provided at a rate of 0.15 spaces per unit for residential developments consisting of three (3) or more dwelling units. 4 Required parking shall be calculated on the basis of one (1) space per each employee, manager, or owner and one (1) parking space for each guest unit. Newly created parking may be located only in the rear and side yard. 5 In addition to the required parking for the residential unit, the city requires that one (1) parking space per two (2) live/work units be provided to meet business activity needs. Parking provided to meet this requirement shall be located on the lot, built into or under the structure, or within three hundred (300) feet of the unit in which the use is located. The distance shall be a straight line measurement from a point on the boundary line of the property of the subject unit to the closest boundary line of the property on which the parking is located. Parking provided to accommodate said space, including driveways of adequate depth in front of the unit's garage, shall not serve as meeting required parking for the unit's residential use. 6 Hotel/motel uses open to the general public, such as a restaurant or lounge, shall provide parking at a rate of fifty percent (50%) of the requirement of a standalone operation. Page 400 of 678 w N M N J2 r X m d 0 0 0 0 0 G M < M < M < M < M 0 0 0 0 0 G M < M < M < M < M G M G M M G U Al e. io m e. io m e. v 41 v v o � v v G M v G M o o G G m m m M v � v o z G � v o G U D � a 0 z �M v v o � v o M � v o � v o G � 00 I- 0 N O V N 0) (6 O N C M ay � 9 O N C O N C M O N C G G M G V G G G G N G G M G N G G N G N G M N V G M G r G r G r G M r G r G r G M G N V M O r r r O r O M M J V G G G G G G r G V M v v c_ M N M v c =1 G M co G co G co G 41 U s > U E U 00 I- 0 N O V N 0) (6 }k / S S> S � \ _\ \ S S ( ~ u Q _ 2 e ± - / \- �\ \\ A \ / \ \) ) « j ) S / S / S / _ { § ` _ \ ! / & \ _ \ : \ / # , � ) ) } \\ \ \ \\ \\ }\ - ) \ j \\ \ \ j ~ \ (® ~ } Aj) - } ) \\ ! /\ (/ \k ! <J S uzs � / 2 ) 7 a3 ( ! - °\) 4 ) ) \ k .- \ Code Ordinance ,r...1. e_ri Notes,___..._..d_ 1. General Note. Gross floor area shall not exceed five thousand (5,000) square feet. 2. General Note. The gross floor area shall not exceed ten thousand (10,000) square feet. 3. General Note. Conditional use approval shall be required if located within one hundred (100) feet from a residential zoning district or mixed use zoning district. 4. General Note. As a principal or accessory use, it is allowed if there is a minimum separation of three hundred (300) feet between such use and a residential zoning district. The distance shall be measured in a straight line from the property line of the subject use to the property line of the residential zoning district. 5. General Note. This use shall be prohibited on the first floor. 6. General Note. For those projects with frontage on an arterial road, this use is allowed as a permitted use if the ground floor fronting the arterial is devoted to office or retail use; otherwise, conditional use approval shall be required. 7. General Note. Shall exclude drive-through facilities. 8. General Note. Non-residential uses located in a PUD must serve the needs of the PUD and not the general needs of a surrounding area. Areas designated for commercial activities shall not generally front on exterior or perimeter streets, and shall be located centrally within the project. The only exception to these rules is when a residential mixed-use project would promote new urbanism design standards and helps to further sustainable initiatives. Such developments shall also be designed to further any applicable recommendations within the corresponding redevelopment plan. 9. General Note. a. All districts. The maximum size of a tasting room shall be less than 50% of the gross floor area for that establishment. No use shall be carried out so as to allow the emission of objectionable or offensive odors or fumes in such concentration as to be readily perceptible at any point at or beyond the boundary of the zoning district. See Chapter 4, Article V, Section 2.E for additional regulations pertaining to off-street parking requirements for tasting rooms. b. C-4 district. If proposed on a site that fronts on an arterial or collector roadway, the establishment shall be required to have an accessory commercial component (i.e., tasting room or retail showroom) to the operation. The size of the tasting room/retail showroom shall be at least ten percent (10%) of the gross floor area or one thousand (1,000) square feet, whichever is greater. This minimum size requirement is not applicable to those establishments which do not front on an arterial or collector roadway. See subparagraph d. below for additional provisions pertaining to beverage manufacturing establishments. c. M-1 District. (1) An accessory commercial component (i.e., tasting room or retail showroom) shall be required for any establishment located on an arterial roadway. In all other instances, an accessory commercial component is optional. (2) No drive -up, drive-through, or drive-in facilities shall be allowed. (3) See subparagraph d. below for additional provisions pertaining to beverage manufacturing establishments. d. Beverage Manufacturing. Page 413 of 678 (1) A tasting room, retail showroom, and/or facility tours shall not be open to the public after 10:00 p.m., except Fridays and Saturdays, whereby it may remain open until 11:00 p.m. (2) This type of establishment may be eligible for a live entertainment permit; however, no amplified music shall be allowed. (3) No permanent food preparation is allowed on premises. 10. General Note. Buildings greater than eighty thousand (80,000) square feet shall require conditional use approval. Maximum footprint is one hundred twenty-four thousand (124,000) square feet. Building elevations shall be enhanced with appropriate design elements to break up wall expanses (i.e. articulation, windows, columns, varied rooflines, etc.). 11. General Note. This use shall be integrated into a mixed use building or development. 12. General Note. This use is allowed, but it shall not be located on a lot that fronts on an arterial roadway. 13. General Note. This use is allowed, but it shall not be located on a lot that fronts on an arterial or collector roadway. 14. General Note. The subject use is only allowed on a lot that fronts on an arterial or collector street as defined in Part III, Chapter 1, Article II of the LDR under definitions for "Street -Arterial" and "Street - Collector". Except for uses providing Medical Care or Testing (In-patient) shall be limited to lots that front on an arterial roadway. 15. General Note. This use shall be integrated into a mixed-use building or development. It must not 1) occupy more than fifty percent (50%) of the gross floor area of any given building; and 2) exceed twenty percent (20%) of the gross floor area of the mixed use development. 16. General Note. This use shall be integrated into a mixed-use building or development. It must not 1) occupy more than fifty percent (50%) of the gross floor area of any given building or 2) exceed thirty percent (30%) of the gross floor area of the mixed use development. 17. General Note. a. All Mixed -Use Districts. This use shall be integrated into a mixed-use building or development. It must not 1) occupy more than fifty percent (50%) of the gross floor area of any given building or 2) exceed thirty percent (30%) of the gross floor area of the mixed use development. b. MU -L-1 district, MU -L-2 district, MU -L-3 and. Mt J-4_ndistrict. The subject use is only allowed on lots fronting on arterial or collector roadways. 18. Ocean Avenue Overlay Zone. a. This use is allowed in this zoning district only when proposed on a lot located within the Ocean Avenue Overlay Zone (OAOZ). b. Any proposed non-residential use that would abut a side property line of a residential use located on Northeast 1st Avenue or Southeast 1st Avenue requires conditional use approval. c. Any allowable use is considered permitted by right, provided that it is proposed on property with frontage on Ocean Avenue; otherwise conditional use approval shall be required. Additionally, no existing uses shall be deemed non -conforming. d. Professional and technical schools allowed in the OAOZ are limited to those that teach the culinary and visual arts. Page 414 of 678 19. General Note. This use shall be prohibited on the ground level of buildings located on lots that front on Ocean Avenue located within the Ocean Avenue Overlay Zone. 20. General Note. This use is allowed as an accessory use to any lawful Arts Campus located within the Ocean Avenue Overlay Zone. 21. General Note. This use is allowed as an accessory use to any city -owned and operated park facility. 22. General Note. This non -industrial use is allowed within the M-1 district, provided that it 1) is located within a multiple -tenant development on a lot that fronts on an arterial roadway; 2) does not exceed five thousand (5,000) square feet; 3) excludes a drive -up, drive-through, or drive-in facility; and 4) complies with all off-street parking requirements of Chapter 4, Article V. In addition, the sale of used merchandise is only allowed as accessory to the sale of new merchandise. 23. General Note. This use is allowed on an arterial or collector roadway within the M-1 district provided that it has accessory commercial component to the operation. This establishment will be required to meet the following criteria: a. Location. The accessory commercial component shall be located within a building situated on a lot that fronts on an arterial or collector roadway; and b. Interior. An indoor showroom of at least two hundred fifty (250) square feet for retail sales shall be required for establishments twenty-five thousand (25,000) square feet or less. An indoor showroom area of at least one percent (I%) of the gross floor area shall be required for establishments greater than twenty-five thousand (25,000) square feet. 24. General Note. This non -industrial use is allowed within the PID district provided it is located on a lot that has a Commercial (C) land use option. 25. General Note. This non -industrial use is allowed within the PID district provided it is located on a lot that has a Governmental & Institutional (G&I) land use option. 26. General Note. This use is allowed within the PID, except that if proposed in Quantum Park, it shall be restricted to a lot that has an Industrial (I) land use option. 27. General Note. This non -industrial use is allowed within the PID district provided it is located on a lot that has a Mixed Use (MU) land use option fronting on an arterial roadway or on a MU lot with a development order that is not solely for residential development. 28. General Note. This non -industrial use is allowed within the PID district provided it is located 1) on Lot 3B of the Boynton Commerce Center PID; or 2) on a lot with a Mixed Use (MU) land use option fronting on an arterial roadway or on a MU lot with a development order that is not solely for residential development. 29. General Note. This use is allowed within the PID, except on lots that have either a Governmental & Institutional (G&I) or Mixed Use (MU) land use option. 30. General Note. If proposed on Lot 3B of the Boynton Commerce Center PID, it shall be required to have an on-site manufacturing component to the operation. 31. General Note. This non -industrial use is allowed within the PID district provided it is located on a lot that has an Office (0) land use option. No drive-through facility shall be allowed in connection with this use. 32. General Note. a. Landscaping. All exterior (temporary) storage of equipment shall be adequately screened. Additional buffering may be required as recommended by the Director of Planning & Zoning to ensure compatibility. Page 415 of 678 b. M-1 district. Outdoor storage of equipment shall require conditional use approval if located within two hundred (200) feet of a residential zoning district. No exterior storage of equipment in a wrecked condition shall be permitted. 33. Non -Residential Uses in Single -Family Residential Districts. The following applies to facilities to be located within zoning districts limited to single-family homes (R-1-AAB district, R -1 -AA district, R -1-A district, and R-1 district): a. Location. Along the following roadway types as designated in the City of Boynton Beach Comprehensive Plan: arterials and collectors. b. Minimum Lot size. One (1) acre for all non-residential uses, except for day care establishments, which shall be regulated in accordance with Section 3.D.87 below. c. Frontage. Except for day care establishments, a minimum frontage of one hundred fifty (150) feet for all non-residential uses. d. Landscaping. A minimum buffer width of five (5) feet and a landscaping barrier shall be required for all parking and vehicle use areas, and outdoor recreation areas that abut single-family residential zoning districts. e. Design. Building design shall be consistent with surrounding residential styles. f. Separation. Distances between residential properties and outdoor play areas shall be maximized. 34. Home Occupation. a. Home occupations shall be permitted subject to these specific regulations designed for the protection of residential neighborhoods, where all of the activity takes place within a structure, and where the principal use is for residential purposes. In order for any home occupation to be permitted or continue to be permitted, the following performance standards shall be agreed to in writing by the applicant and be maintained for the duration of the occupational license: (1) Compatibility. The residential character and integrity of the neighborhood must not be disturbed and the occupational activity at the home shall not be noticeable from off the premises. (2) Size. A home occupation shall only be conducted within twenty percent (20%) of the living area of the dwelling including interior halls, closets and storage areas, but excluding garages, screened porches, accessory buildings or any similar space not suited or intended as living quarters. (3) On-site Restrictions. The home occupation shall be conducted at the licensed address only by residents of that dwelling unit and shall only be the type of occupation which does not involve client business visits to the home, and is typified by business transactions conducted by telephone, mail, or off premises of the licensed address. (The giving of individual instruction to one (1) person at a time, such as an art or piano teacher, shall be deemed a home occupation). (4) Performance Standards. No equipment or process shall be used in a home occupation which creates fumes, glare, noise, odors, vibration, or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises. (5) Traffic. No traffic shall be generated by a home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of a home occupation shall be met by off-street parking which complies with Chapter 4, Article VI. (6) Storage. All storage of materials or supplies used in the home occupation shall be done within the living area of the dwelling unit, within the space limitations specified in subsection 2 above and shall not be Page 416 of 678 visible from adjacent residential units. Contractors, tradespersons and the like shall not use their home garage or yard areas for storage of materials and supplies used in business activities. (7) Signage. No sign or display shall be visible other than a non -illuminated sign, not exceeding two (2) square feet in area, placed on the exterior wall of the residence as close as practical to the front entrance. (8) Parking. A panel, pick-up truck, van, or similar type of truck, not to exceed a one (1) ton chassis configuration, may be parked in a residential zoning district. However, such vehicle must be used by a resident of the premises, and no more than one (1) such truck shall be located on each plot. (9) Miscellaneous. A home occupation shall be subject to all business tax provisions defined in Part II of the City Code of Ordinances. 35. Alcoholic Beverages. Subject to the provisions of City Code of Ordinances, Part II, Chapter 3, Alcoholic Beverages. 36. Accessory Dwelling Unit. a. All districts. An accessory dwelling unit is allowed as an accessory use to any lawful non-residential principal use within a non-residential building. Such unit shall have a minimum living area of seven hundred fifty (750) square feet and limited to occupancy by the property owner or business owner/operator. b. M-1 district. This use is allowed as an accessory to any lawful self-service storage facility and which meets the prerequisites contained therein. 37. Bed & Breakfast. a. Generally. A bed & breakfast is a private owner occupied residence having more than three (3) and less than ten (10) guest units, which are subordinate and incidental to the main residential use of the building. Prior to the establishment and operation of a bed & breakfast, all required business licenses and health permits shall be obtained in compliance with all building, sign, sanitary and fire codes. Prior to the issuance of a business tax certificate, which shall be renewed annually, the city shall conduct an inspection of the property to determine compliance with the current requirements of the city's regulations, state building codes, and conditions of approval. b. Interior. (1) Common Area. Within each bed & breakfast establishment, a common area must be provided for a central dining area and for at least one (1) sitting/reading/discussion room. (2) Number of Rooms. The number of bedrooms and bathrooms are to remain unchanged unless modifications are necessary to comply with building, fire, and/or health codes. c. Miscellaneous. (1) Cooking. Except as hereinafter provided, there shall be no cooking facilities or food storage in any guest unit. Breakfast shall be the only meal provided for paying overnight guests. The breakfast meal shall not be served after 11:00 a.m. (2) Maximum Stay. The maximum stay for each guest shall be fourteen (14) consecutive days and not more than fourteen (14) days during any forty-five (45) day period. The owner and/or manager shall maintain a guest book, which accurately identifies all guests for each night's lodging. This register of guests shall be available for city inspection during reasonable business hours. Check-in and check-out shall take place between 8:00 a.m. and 8:00 p.m. only. (3) Owner. The owner of the bed & breakfast establishment must reside on the premises. Page 417 of 678 (4) Commercial. Commercial social activities and events and the sale of merchandise to non -guests are prohibited in the bed & breakfast establishment. (5) Kitchenettes. Existing kitchenettes within one (1) or more guest units are considered within the scope of this section and will not have to be removed. 38. Dwelling, Two -Family (Duplex). a. C-3 district and PCD district. A two-family dwelling (duplex) shall comply with the R-2 district regulations. See Chapter 3, Article III, Section 2.E. 39. Dwelling, Multi -Family. a. C-3 district and PCD district. A multi -family dwelling shall comply with the R-3 district regulations. See Chapter 3, Article III, Section 2.F. 40. Group Home a. Group Home Type 1 Maximum persons per unit. Two (2) persons per bedroom, not to exceed ten (10) persons including a resident caretaker or overseer. b. Group Home Type 1 and 2 (1) Common Area. At least ten percent (10%) of the total floor area shall be devoted to a common area, exclusive of halls, corridors, stairs, and elevator shafts, wherein a variety or recreational or therapeutic activities may occur. (2) Rooms. Residents' rooms or suites shall, in no case, have kitchen facilities available for the preparation of food. (3) Design. Pursuant to Chapter 4, Article III, Section 3.G.1, the appearance of the group home shall be residential in character and similar in appearance to the surrounding neighborhood. (4) Parking. See the Chapter 4, Article V for applicable parking requirements. c. Group Home Types 2. (1) Two (2) persons per bedroom, not to exceed 14 persons including a resident caretaker or overseer. (2) Conditional use approval is not required within a Planning Unit Development (PUD) if approved on the master plan or modified master plan. d. Group Home Types 3. (1) PUD or Mixed Use Zoning District. Conditional use approval is not required within a planned development zoning district (i.e. PUD or MU Zoning District) if approved on the master plan or modified master plan. (2) LlL!. m1,_YU-2, MU-3-andiMtmJ-4. Projects require a minimum of 60% of the dwelling units to be for independent living with full kitchen and bath facilities, and not require licensing by the State of Florida Department of Health. 41. Hotel & Motel (includes Boutique, Extended -stay, Apartment, Timeshare Apartment). Page 418 of 678 a. C-3 District. Timeshare hotel shall comply with R-3 district regulations. Boutique hotels are not listed as permitted uses. b. C-4 District. Boutique hotels and timeshare hotels are not listed as permitted uses. c. CBD District. Apartment hotels require conditional use approval. d. PCD District. Timeshare apartments shall comply with R-3 district regulations. Boutique hotels are not listed as permitted uses. e. SMU District. Hotels require conditional use approval. Apartment hotels, boutique hotels, and timeshare apartments are not listed as permitted uses. Motels are prohibited uses. f. MU -L-1 District, MU -L-2 District, ai+d MU -L-3 District _an,d.,_�1t.J-4 District. Timeshare hotels are not listed as permitted uses. Boutique hotels and motels are prohibited uses. g. MU -4 District and MU -14C District. Boutique hotels require conditional use approval and must be integrated into a commercial or mixed use development and not exceed thirty percent (30%) of the gross floor area of the entire development. Apartment hotels and timeshare apartments are not listed as permitted uses. Motels are prohibited uses. h. PID district. This non -industrial use is allowed within the PID district provided it is located on a lot that has a Hotel (H) land use option. 42. Live -Work Units. a. SMU District. This subsection provides for the use of residential structures to accommodate live/work opportunities. Live -work units shall be specifically designated on the site plan, and comply with the following standards and requirements. These provisions are not applicable to dwellings or occupations that meet the definition of home occupation. All respective site plan pages shall identify all proposed live -work units and buildings. Live -work units shall be tallied in the site plan tabular data. (1) Location. To minimize impacts to the greater neighborhood, units planned for live -work units shall be located at the perimeter of the residential project or along the project's principal roadway, and/or where possible, adjacent to perimeter/external rights-of-way. (2) Use(s): Non-residential uses that are permitted in live -work units are generally limited to professional service, business service, or tutoring services. A listing of common uses permissible in live -work units, subject to issuance of occupational license are located in subsection (16) below. No work activity shall be permitted that by virtue of intensity or number of employees has the potential to create impacts by reason of traffic, parking issues, hazardous materials, or excess waste. The following list identifies the permitted uses within designated live -work units, subject to processing through the city's business tax office: Addressing service/mailing list compiler Arbitrator, mediator services Cleaning services, maid, housekeeping, janitorial Commercial artist/design studio Commercial photography Computer programming service Computer software development Data processing Page 419 of 678 Direct mail advertising services Editing, proofreading, typing service Paralegal Party supplies, rental/leasing (office only, no storage on-site) Private investigator Recording service Secretarial service Boat broker (office only) Alteration, dressmaking shop, tailor Abstract and/or title company Accountant/income tax services Adjusters, insurance Advertising office Appraiser Architect Attorney Auctioneer (office only) Author Broker Business analyst Calculating and statistical service Court reporting/stenographers Credit reporting Engineer's office Importer/exporter (office only) Insurance agency/bond office Interior decorating Loan company office Market research office Model agency Notary public office Page 420 of 678 Public relations office Real estate sales/management office Travel agency Tutoring or instruction (academics, music, art) Art studio with ancillary sales (3) Floor Area. The minimum floor area of a live -work unit shall be one thousand (1,000) square feet. No more than seven hundred fifty (750) square feet of the live -work unit shall be reserved for living space, including kitchen, bathroom, sleeping, and storage areas. The remaining gross floor area of each unit shall be reserved and regularly used for sleeping space. (4) Construction. Each live -work unit shall be a separate unit from other uses in the building. The ground floor of all live -work units shall meet the Florida Building Code requirements for mixed occupancy buildings. Each unit, including the garage, shall be separated by walls from other live -work units or other uses in the building. (5) Accessibility. Buildings designated as live -work units shall provide universal accessibility to the front and to the interior space of the non-residential area of the live -work unit from the public sidewalk adjacent to the street. (6) Miscellaneous. No more than two (2) on-site employees, in addition to the resident(s) of the live - work unit, may undertake business activities from said unit. At least one (1) resident of an individual live -work unit shall maintain a current occupational license for a business located in that unit. Acknowledgment, in the form of an affidavit, of the employee limitation shall be made by the unit resident, at the time of application for an occupational license. The work area shall not be rented separately from the living space. b. MU -L-1 District, MU -E2 District, MU -E3 District, MU -4 District and MU -14C District. The following restrictions apply to projects within zoning districts that contain master plans approved for live -work units: (1) Floor Area. The minimum floor area of a live -work unit shall be one thousand (1,000) square feet. No more than seven hundred fifty (750) square feet of the live -work unit shall be reserved for living space, including kitchen, bathroom, sleeping, and storage areas. The remaining gross floor area of each unit shall be reserved and regularly used for sleeping space. (2) Use(s). The work activity in a building where live -work units are allowed shall be any use permitted by right in the zoning district, except that in order to protect the health and safety of persons who reside in a live -work unit, no work activity shall be permitted that by virtue of size, intensity, number of employees or the nature of the operation, has the potential to create significant impacts by reason of dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration or other impacts, or would be hazardous by way of materials, process, product or wastes. (3) Construction. Each live -work unit shall be a separate unit from other uses in the building. (4) Accessibility. Access to each live -work unit shall be provided from common access areas, common halls or corridors, or directly from the exterior of the building. (5) Separation. Each live -work unit shall be a separate unit from other uses in the building. Access to each live -work unit shall be provided from common access areas, common halls, or corridors, or directly from the exterior of the building. (6) Miscellaneous. At least one (1) resident of an individual live -work unit shall maintain a current business tax receipt for a business located in that unit. No portion of a live -work unit may be separately rented or sold as a commercial space for a person or persons not living in the premises or as a residential space for a Page 421 of 678 person not working in the same unit. No live -work unit shall singly be changed to exclusively commercial or exclusively residential use. No conversion of all live -work units in a single structure to exclusively residential use shall be permitted where the work portion of the units is the only commercial use in a project, nor shall conversion to exclusively commercial use be permitted where the live portion of the units is the only residential use in a project. 43. Art, Book, Craft, Hobby, Music, Sporting Good, & Toy Store. a. CBD District. Bait and tackle shops are permitted as an accessory use to marinas, including yacht clubs. b. PID district. This use is also allowed as an accessory use to an artist studio. 44. Auto Dealer, (New & Used). a. C-4 district. Allowed only as a conditional use accessory to the repair of motor vehicles. No outdoor storage of vehicles, for sale shall be permitted. b. MU -L-3 district and MU -14C district. (1) General. Indoor storage/display only and shall not exceed ten thousand (10,000) square feet. This use excludes automotive, minor repair, and auto car/wash. Conditional use approval shall be required if all or a portion of the inventory is located within a parking garage/structure. (2) Access. Shall not be directly from any major roadway. (3) Storage. No outside storage of materials, parts, and vehicles. (4) Design. Pursuant to Chapter 4, Article III, Section 3.A.7, overhead doors shall not be visible from any major roadway frontage. (5) Loudspeakers. No exterior loudspeakers or paging equipment shall be permitted on-site. c. M-1 district. Allowed only as a conditional use accessory to the repair of motor vehicles. No outdoor storage of vehicles for sale shall be permitted. d. PID district. This non -industrial use is allowed within the PID district as a conditional use. Also, within the Quantum Park PID such uses are limited to lots with an Industrial (I) use option or Industrial/R (with retail sales) option. Vehicle inventories must be stored/displayed indoors. A pre- existing business located on Quantum Park lots 77 through 80 is exempt from the requirements relative to conditional use approval, outdoor storage or display of vehicle inventories, and locating on lots with the "I" and " I/Retail" use options. 45. Boat Dealer/Rental. a. C-3 District. Boat dealer/rental, as a principal use, shall exclude the repair or service of vessels on the premises. No outdoor storage of boats shall be permitted. b. C-4 District. Conditional use approval shall be required if merchandise is to be stored outdoors. Outdoor storage areas shall be adequately screened from abutting properties and rights-of-way, with the exception that a single merchandise item may be visible from abutting rights-of-way. The display must be in combination with project signage, and the setback, landscaping and design of this site feature shall minimize the visual impact on the adjacent roadway. If any vehicle use areas are not separated by an intervening building and visible from an arterial roadway, right -of- way landscaping shall be in accordance with the City's Urban Landscape Code except that the width shall be at least 10 feet, it shall include a berm, and enhanced with additional plants selected and maintenance to facilitate, varying growth heights to provide some screening of the space between the hedge material and tree canopies. The landscaping required to represent "adequate" screening, as well as the appropriate design of the merchandise display feature and right-of-way landscaping shall be determined as part of the conditional use review process. Page 422 of 678 c. PCD District. Boat dealer/rental, as a principal use, shall exclude the repair or service of vessels on the premises. No outdoor storage of boats shall be permitted. Inventories must be stored/displayed indoors. d. MU -4 District and MU -14 District. Boat dealer/rental is allowed as an accessory use to a marina but conditional use approval is required. No exterior loudspeakers or paging equipment shall be permitted on- site. Storage/display allowed only in wet docks or indoor not to exceed ten thousand (10,000) square feet. The sales, rental, service, repairs, and storage of marine trailers are prohibited. e. M-1 District. Allowed only as a conditional use accessory to the repair of boats. Outdoor storage areas shall be adequately screened from abutting properties and rights-of-way. f. PID District. Required conditional use approval. Also, within the Quantum Park PID such uses are limited to lots with an Industrial (I) use option or Industrial /R (with retail sales) option. Inventories must be stored/displayed indoors. 46. Gasoline Station. a. All Districts. (1) Location. Gasoline stations, except where otherwise allowed by these regulations, are only allowed on properties located at three-way or four-way intersections involving arterial and collector road of rights-of- way as designated by the Comprehensive Plan, excluding local streets and alleys. Interchanges with I-95 are included as eligible intersections. Eligible properties at an intersection with I-95 include the first parcel directly west or east of the toe embankment of the I-95 interchange. This may also be defined as the first parcel with frontage on and access from the arterial road that intersects with the I-95 right-of-way. A maximum of two (2) gasoline stations shall be allowed at each intersection. A convenience store with retail gasoline sales is considered to be a gasoline station and is therefore, restricted to these location requirements. (2) Lot Size. Minimum lot size: thirty thousand (30,000) square feet. (3) Frontage. Minimum street frontage: two hundred twenty-five (225) feet on each frontage measured from the intersecting right-of-way lines of the public streets. (4) Access. (a) Only one (1) access driveway is allowed from each major street frontage. Driveways shall be located a minimum of fifty (50) feet from the intersection unless county or state standards require a greater distance; (b) Driveways shall be a minimum of thirty (30) feet and a maximum of forty-five (45) feet in width; and (c) Driveways shall not be located less than thirty (30) feet from any interior property line. (5) Setbacks. (a) No canopy shall be located less than twenty (20) feet from any property line; and (b) No gasoline pump island shall be located less than thirty (30) feet from any property line. (6) Storage. No outside storage of materials, parts, and no overnight storage of vehicles outside. (7) Design. Pursuant to Chapter 4, Article III, Section 3.G.4., all gasoline stations located on designated out -parcels to shopping centers, business centers, or other planned commercial developments shall conform in design to the approved design plan of the principal center. (8) Landscaping. See landscaping standards in Chapter 4. Page 423 of 678 (9) Lighting. See lighting standards in Chapter 4. (10) Except for where otherwise approved on a master sign program, gasoline stations shall only be permitted to advertise on signage located within the property boundaries. (11) Gasoline stations shall be permitted uses if located greater than 200 feet from a boundary of a residential zoning district. Distances for the purpose of this subsection shall be measured from the closest gasoline pump island or canopy of the gasoline station to the closest boundary of the residential or mixed-use zoning district. (12) A station existing prior to amendment of these regulations that is located on a lot that does not conform to the property development regulations of the zoning district, as defined in Section 11 of this chapter, may be enlarged, expanded, reconstructed or restored without limitation based on percent of property value, as long as the magnitude of the non -conformity is not worsened by the improvement. b. C-2 District, C-3 District, and C-4 District. (1) Use(s) Allowed: A convenience store; auto/car wash, automotive, minor repair; and automotive window tinting/stereo installation/alarms are allowed as accessory uses to gasoline stations. (2) Setbacks. Except for properties located within the Urban Commercial District Overlay Zone, the following building setbacks shall apply to all structures on the property including the primary structure, or any accessory structures such as car washes or above -ground storage facilities. (a) Building front (and side corner) - 35 feet; (b) Building side - 20 feet; (c) Building rear - 20 feet; (d) Automated car wash. The entrance to an automatic car wash shall be setback no less than seventy- five (75) feet from the street in order to provide for an area of vehicular queuing (stacking). An accessory auto/car wash shall be fully automatic and recycle all water used in the car washing process. (3) Exceptions to requirement for location at intersections as stated above under section a.(1). When a gas station is accessory to a principal retail use and when all requirements applicable to the PCD District are satisfied. c. PCD District. (1) Use(s) Allowed: A convenience store; auto/car wash, automotive, minor repair; and automotive window tinting/stereo installation/alarms are allowed as accessory uses to gasoline stations. (2) Setbacks. The following building setbacks shall apply to all structures on the property including the primary structure, or any accessory structures such as car washes or above -ground storage facilities. (a) Building front (and side corner) - 35 feet; (b) Building side - 20 feet; (c) Building rear - 20 feet; (d) Automated car wash. The entrance to an automatic car wash shall be setback no less than seventy- five (75) feet from the street in order to provide for an area of vehicular queuing (stacking). An accessory auto/car wash shall be fully automatic and recycle all water used in the car washing process. (3) Separation. No gasoline pump island shall be located less than two hundred (200) feet from any public right-of-way. Page 424 of 678 (4) Exceptions to requirement for location at intersections as stated above under section a.(1). Uses within the PCD District shall not be required to comply with the location standard described above in subsection a.(1). (5) Pre-existing uses. Gasoline stations that were in existence prior to the adoption of these regulations shall not be deemed non -conforming to the corresponding site standards if located in compliance with the location (intersection) standard stated above in section a. (6) Relief from Standards. Waivers from the following standards may be granted in accordance with Chapter 2, Article II by the City Commission for existing projects annexed into the city, when the regulation cannot be fully complied with, but where the intent of the LDR is met: (a) Section 3.D.46.a.(5)(a) above; (b) Section 3.D.46.a.(5)(b) above; (c) Section 3.D.46.c.(3)(a) above; or (d) Section 3.D.46.c.(3)(b) above. The applicant shall provide justification of the waiver and submit a mitigation plan off -setting the impact. d. MU -L-3 District and MU -14C District. (1) Use(s) Allowed. A convenience store is allowed as an accessory use to a gasoline station. (2) Setbacks. (a) Building setbacks shall meet those required by the applicable zoning district. (b) Canopy structure over the fuel pumps shall be located either to the side or rear of its associated principal building. e. PID District. This non -industrial use shall be allowed within the PID district provided it is located on a lot with a Mixed Use (MU) land use option and at an intersection that would satisfy the location requirements of this note. (1) Use(s) Allowed. A convenience store; auto/car wash, automotive, minor repair; and automotive window tinting/stereo installation/alarms are allowed as accessory uses to gasoline stations. (2) Setbacks. Except for properties located within the Urban Commercial District Overlay Zone, the following building setbacks shall apply to all structures on the property including the primary structure, or any accessory structures such as car washes or above -ground storage facilities. (a) Building front (and side corner) - 35 feet; (b) Building side - 20 feet; (c) Building rear - 20 feet; (d) Automated car wash. The entrance to an automatic car wash shall be setback no less than seventy- five (75) feet from the street in order to provide for an area of vehicular queuing (stacking). An accessory auto/car wash shall be fully automatic and recycle all water used in the car washing process. 47. Grocery Store. a. MU -L-1 District MU -E2 District MU -E3 District M1.J-4-District-and MU -14C District. Gross floor area of grocery store must be a minimum of fifteen thousand (15,000) square feet and a maximum of eighty thousand (80,000) square feet. Page 425 of 678 48. Hardware Store. a. CBD District. Excluding lumber or building materials dealers, lawn & garden shops, glass, electrical, plumbing, heating supplies, and the like. b. MU -L-1 District, MU -L-2 District, MU -L-3 District, MU -4 District, MU -14C District, and PID District. Indoor storage/ display only and shall not exceed ten thousand (10,000) square feet. c. PID District. This use excludes an on-site lumber yard and any other exterior (outside) activity or storage. 49. Home Improvement Center. This use excludes an on-site lumber yard and any other exterior (outside) activity or storage. 50. Marine Accessories. a. C-2 District. Excluding any installation on premises, and excluding machine shop service. b. MU -L1 District, MU -E2 District, MU -E3 District, MU -4 District and MU -14C District. Indoor storage/display only and shall not exceed ten thousand (10,000) square feet. The sales, rental, service, repairs, and storage of marine trailers are prohibited. Marine customizing, detailing, service, parts, or repair is also prohibited. 51. Merchandise New. This use excludes an on-site lumber yard and any other exterior (outside) activity or storage. 52. Merchandise, Used (Antique & Consignment Shops and Bookstores). Gross floor area shall not exceed twenty five thousand (25,000) square feet, except if proposed within the Community Redevelopment Area, the maximum size is twenty five hundred (2,500) square feet. The maximum size may be increased up to ten thousand (10,000) square feet if approved as a conditional use. This size restriction shall prevail if it conflicts with the size limit set by another applicable note. An auction house is allowed but only as an accessory use qualifying under this paragraph. 53. Merchandise, Used (Other). This establishment shall be limited to a maximum of five thousand (5,000) square feet of gross floor area except if proposed within the Community Redevelopment Area, the maximum size is twenty five hundred (2,500) square feet, and must be located a minimum distance of two thousand, four hundred (2,400) feet from another merchandise, used (other) or multiple -vendor market establishment, as measured by direct distance between property lines. The floor area of an existing merchandise, used (other) establishment shall not be expanded in instances where located less than the minimum separation requirement. All new applications to operate such uses or applications for building permits to expand such uses shall be accompanied by an affidavit certifying compliance with this restriction. Exterior storage and display in connection with such uses shall be prohibited. 54. Mobile Vending Unit (MVU). See Chapter 3, Article V, Section 10 for additional regulations regarding an MVU. 55. Multiple -Vendor Market. A multiple -vendor market shall be limited to five thousand (5,000) square feet of gross floor area and must be located a minimum distance of two thousand, four hundred (2,400) feet from another multiple -vendor market or merchandise used (other) establishment, as measured by direct distance between property lines. The floor area of an existing multiple -vendor market establishment shall not be expanded in instances where located less than the minimum separation requirement. All new applications to operate such uses or applications for building permits to expand such uses shall be accompanied by an affidavit certifying compliance with this restriction. Exterior storage and display in connection with such uses shall be prohibited. Page 426 of 678 56. Nursery, Garden Center, & Farm Supply. The exterior display of live plants is exempt from the three hundred (300) -foot distance requirement of Chapter 3, Article V, Section S.D. and such plants may remain outdoors after normal business hours provided that their placement complies with the location criteria of Chapter 3, Article V, Section S.C. 57. Pharmacy & Drug Store. a. All Districts. No more than fifteen percent (15%) of the total number of prescriptions sold within a thirty (30) day period can be derived from the sale of Schedule II controlled substances as listed in F.S. § 893.03. All pharmacies and drug stores shall be staffed by a state licensed pharmacist who shall be present during all hours the pharmacy, or pharmacy function of the drug store, is open for business. This restriction on prescription sales shall not apply to a pharmacy operating accessory to a facility licensed pursuant to F.S. Chapter 395 (e.g., hospital). b. MU -4 and MU -14C District. Use shall be subject to the following distance separation requirements from similar uses, measured in a straight line, using the shortest distance between property lines shall be the following: (1) Seven hundred fifty (750) feet: For uses with less than five thousand (5,000) square feet of gross floor area; (2) One thousand, five hundred (1,500) feet: For uses with a gross floor area equal to or greater than five thousand (5,000) gross square feet. 58. Restaurant. a. All Districts. See Chapter 3, Article V, Supplemental Regulations regarding the sidewalk cafe permit. b. C-1 District. A restaurant is allowed as accessory use to a business or professional office and/or a medical or dental office but subject to the following conditions: (1) Signage. No external signage for the restaurant use shall be allowed; (2) Hours of operation shall be limited to coincide with the hours of operation of the principal use. c. M-1 district. This non -industrial use is allowed within the M-1 district, provided that it 1) is located within a multiple -tenant development on a lot that fronts on an arterial or collector roadway; 2) does not exceed two thousand, five hundred (2,500) square feet; 3) excludes a drive -up, drive-through, or drive-in facility; and 4) complies with all off-street parking requirements of Chapter 4, Article V. In addition, the sale of used merchandise is only allowed as accessory to the sale of new merchandise. 59. Restaurant (Take -Out). a. M-1 district. This non -industrial use is allowed within the M-1 district, provided that it 1) is located within a multiple -tenant development on a lot that fronts on an arterial or collector roadway; 2) does not exceed two thousand, five hundred (2,500) square feet; 3) excludes a drive -up, drive-through, or drive-in facility; and 4) complies with all off-street parking requirements of Chapter 4, Article V. In addition, the sale of used merchandise is only allowed as accessory to the sale of new merchandise. 60. Auto/Car Washes (Polishing, Waxing, Detailing). a. C-2 District, C-3 District, C-4 District, and PCD District. Only a fully automated -style auto/car wash facility is allowed as an accessory use to a gasoline station. However, conditional use approval is required for this component of the establishment. b. PID District. Only allowed as an accessory use to an auto dealer, new or used. 61. Automobile Rental. Page 427 of 678 a. C-3 District. Allowed as an accessory use to automotive, minor repair. Conditional use approval is required. In addition, the following criteria must be met: (1) Location. On sites greater than seventy-five (75) acres and only within a separate building in a shopping center, automobile rental is allowed subject to the following additional conditions: (a) The customer service area shall be located within the building being used for an automotive, minor repair; (b) No more than twelve (12) automobiles shall be stored on-site for the purpose of rental, and such automobiles shall be stored in marked stalls; (c) No fueling or refueling of automobiles shall be permitted on-site. b. C-4 District. Automotive, minor repair is allowed as an accessory use to automobile rental, provided that the service and maintenance of the fleet vehicles is relegated to the rental operation and not open to the public. c. PCD District. Uses listed as conditional uses would be considered permitted uses if the following conditions are met: (1) If shown on the originally approved master plan; (2) Uses will not be subject to the minimum acreage requirements of the C-3 zoning district if the site meets the minimum acreage requirement for rezoning to PCD; and (3) All portions of any building dedicated to such use are separated from residentially zoned property by a distance of two hundred (200) feet. d. MU -L-3 District and MU -14C District. The indoor storage/display of fleet vehicles are permitted but shall not exceed ten thousand (10,000) square feet. Conditional use approval shall be required if all or a portion of the inventory is located within a parking garage/structure. (1) Access. Shall not be directly from any major roadway. (2) Storage. No outside storage of materials, parts, and vehicles. (3) Design. Pursuant to Chapter 4, Article III, Section 3.A.7., overhead doors shall not be visible from any major roadway frontage. 62. Automotive, Minor Repair. a. C-2 District. Automotive, minor repair is allowed as an accessory use to a gasoline station. Conditional use approval is required for this component of the establishment. b. C-3 District. (1) As an Accessory Use. Automotive, minor repair is allowed as an accessory use to a gas station and also to automobile rental, provided that the service and maintenance of the fleet vehicles is relegated to the rental operation and not open to the public. (2) As a Principal Use. Automotive, minor repair is allowed as a principal use, provided that it is located on a lot that is at least five (5) acres. The following restrictions shall also apply, where applicable: (a) On sites of greater than five (5) acres and less than seventy-five (75) acres, all such uses shall be located in either a principal building of a shopping center or in a subordinate, stand-alone building and/or outparcel within a commercial master plan, provided that the subordinate stand-alone building and/or outparcel Page 428 of 678 within a commercial master plan is not located between the principal building and an adjoining right-of-way or between the principal building and abutting residentially zoned property. (b) On sites of greater than seventy-five (75) acres all such uses will be allowed to be located in a separate building in a shopping center. For the purpose of this section, motor vehicles shall mean only motorcycles, mopeds, passenger cars (a motor vehicle with motive power, except a multipurpose passenger vehicle or motorcycle, designed for carrying ten (10) persons or less), or multipurpose passenger vehicles (motor vehicle with motive power designed to carry ten (10) persons or less which is constructed either on a truck chassis or with special features for occasional off-road operation). All repair and service of vehicles shall be done within an enclosed building. c. C-4 District. This use is allowed within the C-4 district but it shall not be located on a lot that borders an arterial roadway. All repair functions must occur within enclosed buildings and exterior storage of vehicles in a damaged or disassembled condition must be adequately screened from rights -of- way and adjacent properties. d. PCD District. Automotive, minor repair is allowed as an accessory use to automobile rental, provided that the service and maintenance of the fleet vehicles is relegated to the rental operation and not open to the public. Automotive, minor repair is allowed as a principal use but conditional use approval is required. Uses listed as conditional uses would be considered permitted uses if the following conditions are met: (1) If shown on the originally approved master plan; (2) Uses will not be subject to the minimum acreage requirements of the C-3 zoning district if the site meets the minimum acreage requirement for rezoning to PCD; and (3) All portions of any building dedicated to such use are separated from residentially zoned property by a distance of two hundred (200) feet. e. M-1 District. Excluding the keeping of vehicles in violation of City of Boynton Beach Code of Ordinances, and excluding gasoline stations selling motor fuels at retail. Any exterior storage of motor vehicles or boats in a wrecked condition shall be permitted only in connection with a lawful principal use, and shall be adequately screened. f. PID District. Only allowed as an accessory use to a retail auto dealer, new or used. 63. Automotive, Major Repair. Excluding the keeping of vehicles in violation of the City of Boynton Beach Code of Ordinances, and excluding gasoline stations selling motor fuels at retail. Any exterior storage of motor vehicles or boats in a wrecked condition shall be permitted only in connection with a lawful principal use and shall be adequately screened. 64. Automotive Window Tinting/Stereo Installation/Alarms. a. C-2 District. Automotive window tinting/stereo installation/alarms is allowed as an accessory use to a gasoline station; merchandise, new (supercenter, discount, department, club); or an electronics & appliance store. Conditional use approval is required for this component of the establishment. b. C-3 district. (1) As an Accessory Use. Automotive window tinting/stereo installation/alarms is allowed as an accessory use to automobile rental, provided that the service and maintenance of the fleet vehicles is relegated to the rental operation and not open to the public. (2) As a Principal Use. Automotive window tinting/stereo installation/alarms is allowed as a principal use, provided that it is located on a lot that is at least five (5) acres. The following restrictions shall also apply, where applicable: Page 429 of 678 (a) On sites of greater than five (5) acres and less than seventy-five (75) acres, all such uses shall be located in either a principal building of a shopping center or in a subordinate, stand-alone building and/or outparcel within a commercial master plan, provided that the subordinate stand-alone building and/or outparcel within a commercial master plan is not located between the principal building and an adjoining right-of-way or between the principal building and abutting residentially zoned property. (b) On sites of greater than seventy-five (75) acres all such uses will be allowed to be located in a separate building in a shopping center. For the purpose of this section, motor vehicles shall mean only motorcycles, mopeds, passenger cars (a motor vehicle with motive power, except a multipurpose passenger vehicle or motorcycle, designed for carrying ten (10) persons or less), or multipurpose passenger vehicles (motor vehicle with motive power designed to carry ten (10) persons or less which is constructed either on a truck chassis or with special features for occasional off-road operation). All repair and service of vehicles shall be done within an enclosed building. c. C-4 District. Automotive window tinting/stereo installation/alarms is allowed as an accessory use to automobile rental, provided that the service and maintenance of the fleet vehicles is relegated to the rental operation and not open to the public. d. PCD District. Automotive window tinting/stereo installation/alarms is allowed as an accessory use to automobile rental, provided that the service and maintenance of the fleet vehicles is relegated to the rental operation and not open to the public. Automotive window tinting/stereo installation/alarms is allowed as a principal use but conditional use approval is required. Uses listed as conditional uses would be considered permitted uses if the following conditions are met: (1) If shown on the originally approved master plan; (2) Uses will not be subject to the minimum acreage requirements of the C-3 zoning district if the site meets the minimum acreage requirement for rezoning to PCD; and (3) All portions of any building dedicated to such use are separated from residentially zoned property by a distance of two hundred (200) feet. e. M-1 District. Excluding the keeping of vehicles in violation of the City of Boynton Beach Code of Ordinances, and excluding gasoline stations selling motor fuels at retail. Any exterior storage of motor vehicles or boats in a wrecked condition shall be permitted only in connection with a lawful principal use and shall be adequately screened. 65. Check Cashing. a. C-3 District, C-4 District, and PCD District. Check cashing shall be limited to five thousand (5,000) square feet of gross floor area and must be located a minimum distance of two thousand, four hundred (2,400) feet from another such establishment, as measured by direct distance between property lines. The floor area of an existing check cashing establishment shall not be expanded in instances where located less than the minimum separation requirement. All new applications to operate such uses or applications for building permits to expand such uses shall be accompanied by an affidavit certifying compliance with this restriction. 66. Dry Cleaner. a. All Districts. Cleaning services are limited to retail customers and includes the alteration and/or repair of clothing. b. SMU District, MU -L-1 District, MU -L-2 District, MU -E3 District, MU -4 District and MU -14 District. On-site drop-off and pick-up is allowed as a permitted use; however, any cleaning or laundering activities conducted on the premises requires conditional use approval, and the floor area of such establishment cannot exceed two thousand (2,000) square feet. Page 430 of 678 67. Funeral Home. A funeral home is allowed as an accessory use to a cemetery. 68. Personal Care (Beauty, Hair, Nails). a. R-3 District, PUD District, C-2 District, C-3 District, C-4 District, CBD District, PCD District, all "Mixed Use" Districts and PID District. In these districts, body piercing and tattooing are allowed, but only as accessory to a lawful principal use. In the M-1 district however, such businesses are allowed as a principal use, but only in accordance with Section 3.D.4. above. 69. Pet Care (Boarding and Daycare). a. All Districts. Conditional use applications must include provisions for proper care and mitigation of potential impacts on adjacent properties. Pet care (boarding and daycare) is allowed as an accessory use to either a pet care (grooming) or pet care (veterinary services) establishment, but it requires conditional use approval if it exceeds twenty-five percent (25%) of the floor area or two thousand, five hundred (2,500) square feet, whichever is less. b. C-2 District, C-3 District, C-4 District, CBD District, SMU District, MU -L-1 District, MU -L-2 District, and PID District. No external kenneling is allowed in these districts, either as a principal or accessory use. c. PCD District. No external kenneling is allowed, either as a principal or accessory use. Uses listed as conditional uses would be considered permitted uses if the following conditions are met: (1) If shown on the originally approved master plan; (2) Uses will not be subject to the minimum acreage requirements of the C-3 zoning district if the site meets the minimum acreage requirement for rezoning to PCD; and (3) All portions of any building dedicated to such use are separated from residentially zoned property by a distance of six hundred (600) feet. d. M-1 District. External kenneling shall only be allowed for those establishments located in excess of six hundred (600) feet from residentially zoned property. Such uses shall also comply with the requirements of City Code of Ordinances Part II, Chapter 4, Section 4-4, except that the maximum enclosure size and area standards within 4-4(b)2.a. shall not apply. 70. Postal/Mail Center. a. All Districts. Storage of delivery trucks is prohibited. b. C-1 District. Allowed as an accessory use to a business or professional office or a medical or dental office. Gross floor area shall not exceed two thousand, five hundred (2,500) square feet. c. MU -4 District and MU -14 District. This use shall be limited to a maximum gross floor area of two thousand, five hundred (2,500) square feet. 71. Repair, Rental, & Maintenance of Home/Garden Tools. a. C-3 District. Excluding exterior display or storage of merchandise. b. PCD District. Excluding exterior display or storage of merchandise. The repair and service of merchandise shall be permitted as either an accessory or principal use, for any merchandise, which is typically sold in the PCD district. 72. Hospital. A helipad (also known as a helistop) may be allowed as an accessory use to a hospital establishment, but it shall require conditional use approval. 73. Business or Professional Office. Page 431 of 678 a. "Mixed Use" Districts. This use shall be integrated into a mixed use building or development. It must not 1) occupy more than fifty percent (50%) of the gross floor area of any given building or 2) exceed thirty percent (30%) of the gross floor area of the mixed use development. However, this requirement does not include those developments that contain such uses in excess of one hundred thousand (100,000) square feet. 74. Social Service Agency. a. R-2 District and R-3 District. (1) Location. Along the following roadway types as designated in the City of Boynton Beach Comprehensive Plan: Arterials and collectors. (2) Size. The maximum building size shall be limited to two thousand (2,000) square feet (per lot); however, for properties located within the boundaries of the Federal Highway Corridor Redevelopment Plan, the maximum building size may be larger, but not to exceed five thousand (5,000) square feet. (3) Design. Building design shall be consistent with surrounding residential styles. (4) Landscaping. A minimum buffer width of five (5) feet and a landscaping barrier shall be required for all parking and vehicle use areas, and outdoor recreation areas that abut single-family residential zoning districts. 75. Adult Entertainment a. Finding of Fact. The city acknowledges that nude and exotic dancing and entertainment is an expression protected under the First Amendment of the Constitution of the United States. Such expression communicates a message to the intended audience but shall not be obscene, as defined by the courts, nor involve children. The Supreme Court has upheld local regulations that are not intended to preclude such protected expression, but rather to prevent the harmful side effects known as "secondary effects." Based on various reports, studies, and judicial opinions generated throughout the country, including within the State of Florida, the City of Boynton Beach finds it in the interest of health, safety, peace, property values, and general welfare of the people and businesses of the City of Boynton Beach to regulate said businesses to control the secondary effects associated with them. Secondary effects have been proven to include, in part, increased criminal activities, moral degradation, depreciation of property value, and harm to the economic welfare of the community as a whole. By limiting the location and concentration of such uses, by limiting the proximity of such uses to places of residence and public gathering, and by restricting the sale of alcohol within or nearby said establishments, the secondary effects referenced above will be avoided or minimized. Also contributing to the control of secondary effects are restrictions on operational characteristics, including the interaction between nude or partially nude entertainers, and patrons, customers, other employees and entertainers, given the threat they represent to the health of others through the spread of communicable and social disease. Requirements regarding buffers and stage designs are intended to protect public health while preserving the forms of expression intended by the protected nude and exotic entertainment. b. Terms and Definitions. See Chapter 1, Article II for all terms and definitions (e.g., alcoholic beverage establishment; nudity; partial nudity) pertaining to adult entertainment establishments. c. All Districts. In addition to the requirements of the underlying zoning district, other applicable general regulations, county licensing requirements, and City Code of Ordinances Part II, Section 3-6, the following requirements shall apply to adult entertainment establishments: (1) No adult entertainment establishment shall be located closer than seven hundred fifty (750) feet from any other adult entertainment establishment measured from lot boundary to lot boundary along a straight airline route, except when the property containing the adult entertainment establishment is separated from the above use by the I-95 right-of-way and CSX rights-of-way, or the Boynton (C-16) Canal right-of-way. Page 432 of 678 (2) No adult entertainment establishment shall be located closer than seven hundred fifty (750) feet from any church use (house of worship); residential zoning district (including a mixed use district containing a residential component or a mixed use pod of a planned industrial development); public usage (PU) district; recreation district except where the subject property is a preserved natural area not accessible to the general public; or schools measured from lot boundary to lot boundary along a straight airline route, except when the property containing the adult entertainment establishment is separated from the above uses by the I-95 and CSX Railroad rights-of-way, or the Boynton (C-16) Canal right-of-way. 76. Artist Studio. a. C-3 District, C-4 District, CBD District, PCD District, and all "Mixed Use" Districts. The fabrication, bending, welding, assembly, or processing of any heavy metal, wood, plastic, or similar products shall only be allowed for establishments located within the M-1 district. 77. Entertainment, Indoor. a. C-2 District. Limited to amusement arcades and shall be only allowed in a shopping center located on an arterial roadway. b. M-1 District. Limited to indoor playground/play centers and amusement arcades only. 78. Entertainment, Outdoor. a. C-3 District and PCD District. Must be at least one thousand (1,000) feet from a residential use. 79. Marina, Including Yacht Club. a. All Districts. Marinas, including yacht clubs, are limited to the following uses: mooring and docking of private pleasure craft; sale of fuels and lubricants; occupancy of private craft as living quarters provided that such craft are connected to public sewer facilities; operation of drift and charter fishing boats and sightseeing boats; bait and tackle shops. b. IPUD District. Private marinas, as a principal use, requires the following: (1) Minimum lot area: Four (4) acres. (2) Minimum lot frontage: One hundred fifty (150) feet and minimum average width of two hundred (200) feet. (3) Maximum height: Forty-five (45) feet. (4) Principal land uses may include boat and yacht clubs, and private or public marinas (see Chapter 1, Article II, Definitions) contingent upon being located within an area identified with the "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 twenty-five percent (25%) or more of the total land area, shall be considered permitted uses, otherwise such marine uses shall require conditional use approval. (5) Boatels and the residing on boats shall be prohibited within the IPUD district, except that temporary stays shall be allowed for a maximum of three (3) nights within a twelve (12) -month period. (6) The following uses shall be allowed as accessory to one (1) 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. Page 433 of 678 (7) Marine -oriented and water dependent uses shall meet all the requirements of Section 3.C.5. above, except for subparagraph (a) in that a marina may be the sole principal use of a project and is not required as a component of a mixed use development containing dwelling units. (8) 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. (9) Wash down and other post -use servicing shall be done within the dry storage building or within an enclosed structure (e.g., three -sided and roofed) designed and oriented to minimize external impacts. (10) 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. (11) No outdoor speakers shall be allowed other than for low volume music that is not audible off-site. (12) 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. (13) See Chapter 4, Article III, Section 3.G.6. for additional design regulations for commercial buildings and boat storage facilities. (14) Landscaping above and beyond the regulations cited elsewhere in this Code shall be required for all non-residential buildings in excess of forty thousand (40,000) square feet, in order to reduce the perceived scale and massing of such buildings. (15) The width of the foundation planting areas visible from streets or residential properties shall be fifty percent (50%) 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 twelve (12) feet in width. (16) The height of the plant material shall be in relation to the height of the adjacent facade or wall. Further, the height of fifty percent (50%) 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 twenty (20) feet on center along each facade visible from streets or residential properties. Canopy and palm trees shall be distributed along the entire facade 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. (17) 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. (18) The applicant shall demonstrate through site design and buffering how sound associated with the non-residential components of the project will be mitigated. 80. Rentals, Recreational (Bicycles, Canoes, Personal Watercraft). a. MU -L-1 District, MU -L-2 District, and MU -L-3 District. Indoor storage/display only and shall not exceed ten thousand (10,000) square feet. 81. Sightseeing & Scenic Tours. Page 434 of 678 a. All Districts. Vehicles used in support of the operation that are of a size in excess of a standard parking stall shall be stored in a zoning district where outdoor storage of vehicles is allowed. b. CBD District, MU -El District, MU -E2 District, MU -E3 District, MU -4 District and MU -14C. District. Sightseeing boats are allowed in conjunction with a marina, including yacht club. 82. Theater. All outdoor style theaters (i.e. band shell, amphitheater) require conditional use approval. 83. Cemetery. a. C-1 District, C-2 District, C-3 District, C-4 District, PCD District, MU -L-1 District, MU -L-2 District, and MU -L-3 District. On parcels ten (10) acres or greater, a cemetery may be allowed as an accessory use to a funeral home establishment. 84. Church. a. R-1-AAB District, R -1 -AA District, R -1-A District, and R-1 District. Expansions and improvements to, and redevelopment of pre-existing places of worship that do not meet the minimum lot standards of the zoning district, or the other requirements of Section 3.D.33 above shall be allowed in accordance with the following requirements: (1) Improvements shall only be allowed if the subject property was under proper ownership prior to the adoption of these regulations. Ownership shall be based on the records of the County Property Appraiser's Office. (2) Rights-of-way for primary access shall be adequate and improved in accordance with (Engineering Design Handbook and Construction Standards); (3) The size of building improvements shall be allowed up to a maximum of 100% of the pre- existing area. (4) Expansions that would increase operational space or capacity, shall require that all existing parking areas and related landscaping meet the requirements of the city's land development regulations. (5) Parking. Projects eligible for parking space reductions of the MLK Overlay District, shall be required to meet a minimum of seventy-five percent (75%) of the spaces required under Chapter 4, Article V, Section 3.D. (6) Non -conforming and blighted conditions. Expansions that increase operational space or capacity shall require improvements to all existing facilities to raise them to a similar appearance level as the proposed improvement and additions. Sidewalks shall be added where partially or totally absent along the boundary of the subject use. This requirement shall apply to all parcels used to support the principal use, including those lots that abut the principal lot or that are separated from the principal lot by other properties or rights-of-way. (7) Design. Additions or new facilities shall be designed to be compatible with its surroundings and/or adopted community redevelopment plan to further the historic and architectural character of the neighborhood. (8) No newly proposed physical improvements other than a wall/fence or landscaping shall be placed closer than thirty (30) feet from a parcel containing or zoned for a single-family residence. (9) Any outdoor play areas shall be located a minimum of thirty (30) feet from a parcel containing or zoned for single-family residence. (10) The foregoing conditions shall also apply to any repairs or reconstruction required due to damage from fire, a major storm event, or other natural occurrence. b. R-2 District and R-3 District. Page 435 of 678 (1) Separation. Distances between residential properties and outdoor play areas shall be maximized. (2) Landscaping. A minimum buffer width of five (5) feet and a landscaping barrier shall be required for all parking and vehicle use areas, and outdoor recreation areas that abut single-family residential zoning districts. 85. Government, Municipal Office/Emergency/Civic Facilities. a. All Districts. Conditional use approval shall be required for gross floor area in excess of five thousand (5,000) square feet. 86. Government, Non -Municipal Office Facilities. a. All "Mixed Use," M-1 District, and PID District. This use shall be integrated into a multiple -tenant building. It must not 1) occupy more than fifty percent (50%) of the gross floor area of any given building; or 2) exceed thirty percent (30%) of the gross floor area of the mixed use development, where applicable. b. M-1 District. This non -industrial use is allowed within the M-1 district, provided that it 1) excludes a drive -up, drive-through, or drive-in facility; and 2) complies with all off-street parking requirements of Chapter 4, Article V. 87. Day Care. a. R-1-AAB District, R -1 -AA District, R -1-A District, R-1 District, and PUD District. The following applies to facilities to be located within zoning districts limited to single-family homes: (1) Design. Building design shall be consistent with surrounding residential styles in accordance with Chapter 4, Article III, Section S.G. (2) Lot Size. A minimum of one-half (0.5) acre. (3) Separation. Minimum separation requirement between day cares shall be two thousand, four hundred (2,400) feet (this distance separation requirement should not apply to day care uses limited to specific groups such as church members, and should not be intended to place restrictive limits on the expansion/improvement of those uses existing prior to codification. b. R-2 District and R-3 District. (1) Location. Along the following roadway types as designated in the City of Boynton Beach Comprehensive Plan: arterials and collectors; (a) Lot size. A minimum of one-half (0.5) acre; (b) Landscaping. A minimum buffer width of five (5) feet and a landscaping barrier shall be required for all parking and vehicle use areas, and outdoor recreation areas that abut residential zoning districts. Distances between outdoor play areas shall be maximized; (c) Design. Building design shall be consistent with surrounding residential styles in accordance with Chapter 4, Article III, Section S.G. c. PCD District. Uses listed as conditional uses would be considered permitted uses if the following conditions are met: (1) If shown on the originally approved master plan; (2) Uses will not be subject to the minimum acreage requirements of the C-3 zoning district if the site meets the minimum acreage requirement for rezoning to PCD; and Page 436 of 678 (3) All portions of any building dedicated to such use are separated from residentially zoned property by a distance of two hundred (200) feet. 88. Stone Cutting & Finishing. Conditional use approval shall be required if located within two hundred (200) feet of a residential zoning district or a Mixed Use Pod of a PID. 89. Storage, Boats/Motor/Recreational Vehicles. a. CBD District, MU -L-2 District, MU -L-3 District, and MU -14 District. The wet storage of boats is allowed as an accessory use to a marina, including yacht club. The dry storage of boats shall be prohibited. b. M-1 District. No exterior storage of boats, motor, or recreational vehicles in a wrecked condition shall be permitted. (1) Landscaping. All exterior (temporary) storage of fleet vehicles shall be adequately screened. Additional buffering may be required as recommended by the Director of Planning and Zoning to ensure compatibility. (2) Lighting. If a facility abuts a residential zone, outdoor lighting fixtures shall be no more than twenty (20) feet in height and shall be shielded away from residential property. 90. Storage, Self -Service. a. All Districts. All self -storage facility uses shall comply with the following: (1) Rental Facility Office. A maximum of one thousand (1,000) square feet of the rental office may be devoted to the rental and/or sale of retail items used for moving and storage and including, but not limited to carton, tape and packing materials. (2) Security Quarters. A single residential unit for security purposes, not to exceed one thousand, two hundred (1,200) square feet may be established on the site of a self-service storage facility provided that said facilities are at least thirty thousand (30,000) square feet. This dwelling unit shall be considered a limited exception to the general prohibition of residential uses in industrial zones. The security quarters may continue only so long as the self-service storage facility remains active. The security quarters shall be for the exclusive use of, and shall be occupied only by a guard, custodian, caretaker, owner, manager, or employee of the owner of the facility, and respective family. (3) Use of Bays. The use of storage bays shall be limited to dead storage of household goods, personal property, or records for commercial businesses. Storage bays shall not be used to manufacture, fabricate or process goods; service or repair vehicles, boats, small engines or electrical equipment, or to conduct similar repair activities; conduct garage sales or retail sales of any kind; or conduct any other commercial or industrial activity. Individual storage bays or private postal boxes within a self-service storage facility shall not be considered a premises for the purpose of assigning a legal address in order to obtain approval or other governmental permit or license to conduct business. Other prohibited uses include storage, sale, salvage, transfer, or disposal of junk, scrap, garbage, offal, refuse, or other waste materials. Further: (a) The maximum size of a storage bay shall be limited to four hundred fifty (450) square feet. (b) Storage bay doors shall not face any abutting property that is residentially zoned or any public or private right-of-way. (c) Lighting. If a facility abuts a residential zone, outdoor lighting fixtures shall be no more than twenty (20) feet in height and shall be shielded away from residential property. (d) Loudspeakers. No exterior loudspeakers or paging equipment shall be permitted on- site. Page 437 of 678 (e) Design. For all self-service storage facilities adjacent to or visible from any right-of-way, the following shall apply: (i) The exterior colors, facades, windows, roof and building materials of all structures located on-site shall be compatible with the character of or vision for the surrounding area. Self-service storage facilities shall incorporate design elements to achieve the effect of office structures. (ii) All facades viewable from rights-of-way shall provide variety and interest. These facades shall not exceed fifty (50) feet in length without visual relief by means of a vertical reveal at least one (1) foot in depth and ten (10) feet in width, a perceptible change in wall angle, or a corner. Other design attributes shall include, roof slope and materials, windows, awnings, fencing and other aesthetic elements. (f) Refuse. Dumpsters and trash receptacles shall be screened from view of adjacent lots and streets. (g) Exterior storage. (i) Vehicles shall not be stored within the area set aside for minimum building setbacks or in areas designated for landscaping buffering purposes. (ii) Pleasure boats stored on-site shall be placed and maintained upon wheeled trailers. No dry stacking shall be permitted on-site. (iii) The outside storage area shall be constructed with a dust -free surface. b. Multi -Access Self -Storage Facilities. In addition to the general standards above, multi-access self- service storage facilities shall comply with the following regulations: (1) Lot Size. The minimum lot size for a multi-access self -storage facility shall be two (2) acres. (2) Circulation. The following on-site circulation standards shall apply: (a) Interior: Interior loading areas shall be provided in the form of aisleways adjacent to the storage bays. These aisleways shall be used both for circulation and temporary customer parking while using storage units. The minimum width of these aisleways shall be twenty-five (25) feet if only one-way traffic is permitted, and thirty (30) feet if two-way traffic is permitted. A minimum width of twelve (12) feet between aisleways will be required when utilized for outdoor storage. (b) Flow: The one- or two-way traffic flow patterns in aisleways shall be clearly marked. Markings shall consist of standard directional signage and painted lane markings with arrows. (c) Access: Appropriate access and circulation by vehicles and emergency equipment shall be ensured through the design of internal turning of aisleways. (3) Height. Limited access and combination multi-access and limited -access self-service storage facilities shall conform to the maximum height for that district. The maximum height for multi-access self- service storage facilities shall not exceed twenty-five (25) feet. These heights will include any screening required to conceal air-conditioning or any other mechanical equipment. c. Limited Access Self -Storage Facilities. In addition to the general standards above, limited -access self - storage facilities shall comply with the following regulations: (1) Lot Size. The minimum lot size for a limited access self -storage facility shall be one (1) acre. (2) Loading. (a) Each entry point used to access hallways leading to the storage bays shall accommodate a minimum of two (2) loading berths and related maneuvering area. Page 438 of 678 (b) The loading areas shall not interfere with the primary circulation system on-site. (3) Circulation. The following on-site circulation standard shall apply: (a) Interior. If a minimum twenty (20) feet accessway is provided adjacent to the building and serves no other use except the self-service storage facility, then the loading area may be established parallel and adjacent to the building. It will be required to satisfy current regulations for driveway accessibility dependent on one-way or two-way traffic. (i) One-way: 25 feet; and (ii) Two-way: 30 feet. d. SMU District, MU -L-1 District, MU -L-2 District, and MU -L-3 District. Only limited -access self-service storage facilities are allowed within mixed use districts. Multi-access self-service storage facilities are prohibited. (1) Location. Permitted only on lots fronting on major arterial roadways. Retail uses unrelated to the storage business are relegated to the ground -floor. Street frontages of the ground floor area shall be devoted to one (1) or more principal retail and office uses, not related to the self -storage use, to a depth of at least twenty (20) feet. (2) Driveways. Access to the self-service storage use portion of the structure shall not be from/to an arterial roadway and must be screened from public rights-of-way. (3) Design. Buildings shall be designed to have the appearance of a multi -story retail, office, and/or residential structure through the use of windows, shutters, and appropriate building elements on the upper floors. e. M-1 District. (1) Buffers. All perimeter buffers adjacent to residentially -zoned property shall contain a continuous wall or hedge and trees, installed no less than twenty-five (25) feet on -center. (2) Exterior Storage. In connection with a self-service storage facility, open storage of boats, motor, or recreational vehicles of the type customarily maintained by private individuals for their personal use and commercial vehicles shall be permitted provided the following: (a) The outdoor storage area shall not exceed forty percent (40%) of the area of the site. (b) Outdoor storage areas shall be entirely screened from public and private rights-of-way and non- industrial properties. Screening materials shall be comprised of a buffer wall, eight (8) feet in height, or by the project's principal and/or accessory building(s) or a combination thereof. Trees, installed no less than twenty- five (25) feet on -center, in conjunction with shrubs and/or other foundation plantings, shall be placed on the outside of the buffer wall, within a landscaping strip of at least five (5) feet in width. The shrubs and foundation plantings shall be at least four (4) feet in height at the time of installation. However, their inclusion may be waived by the Director of Planning and Zoning if determined to be unnecessary. 91. Boat Repair. a. Landscaping. All exterior (temporary) storage shall be adequately screened. Additional buffering may be required as recommended by the Director of Planning and Zoning to ensure compatibility. b. C-4 District. Shall not be located on a lot that borders an arterial roadway unless accessory to a Boat Dealer. No repair shall be allowed outside an enclosed structure, and exterior storage of boats and equipment must be adequately screened from adjacent rights-of-way and properties. Page 439 of 678 c. M-1 District. The exterior storage of boats or equipment must be adequately screened from adjacent rights-of-way and properties. The dry stacking of any boats shall be prohibited. d. PID District. Only allowed as an accessory use to a retail boat dealer. 92. Carpet and Upholstery Cleaning Services. Permitted off-site only. 93. Contractor. a. Refuse. Dumpsters and trash receptacles shall be screened from view of adjacent lots and streets. b. C-4 District. (1) Location. This use is allowed within the C-4 district but it shall not be located on a lot that fronts on an arterial roadway. (2) Use(s) Allowed. (a) Office and showroom only as a permitted use. (b) Contractors' outdoor storage and workshop shall require conditional use approval if located within two hundred (200) feet of a residential zoning district. c. M-1 District. Contractors' outdoor storage and workshop shall require conditional use approval if located within two hundred (200) feet of a residential zoning district. 94. Lawn Maintenance & Landscaping Service. a. Refuse. Dumpsters and trash receptacles shall be screened from view of adjacent lots and streets. b. C-4 District. (1) Location. This use is allowed within the C-4 district but it shall not be located on a lot that fronts on an arterial roadway. (2) Use(s) Allowed. (a) Office and showroom only as a permitted use. (b) Outdoor storage and workshop shall require conditional use approval if located within two hundred (200) feet of a residential zoning district. 95. Radio & TV Broadcasting. Refer to the wireless communication facilities section in Chapter 3, Article V (Supplemental Regulations) of the Land Development Regulations. 96. Research & Development, Scientific/Technological. Excluding treatment, storage, or processing of human or animal bodies or body parts. Medical or scientific research which involves the use, treatment, storage, or processing of human or animal bodies or body parts would require conditional use approval. 97. Sewer/Septic & Waste Mgmten Cleaning. This use excludes the storage, treatment, transfer, dumping, or disposal of waste on -premises. 98. Taxi, Limo, Charter Bus. a. C-2 District, C-3 District, C-4 District, CBD District, and PCD District. Office only; fleet vehicles shall be stored in a zoning district where storage, boats/motor/recreational vehicles is allowed. b. M-1 district. No exterior (temporary) storage of fleet vehicles in a wrecked condition shall be permitted. In addition, the following shall apply: Page 440 of 678 (1) Landscaping. All exterior (temporary) storage of fleet vehicles shall be adequately screened. Additional buffering may be required as recommended by the Director of Planning and Zoning to ensure compatibility. (2) Lighting. If a facility abuts a residential zone, outdoor lighting fixtures shall be no more than twenty (20) feet in height and shall be shielded away from residential property. (3) Loudspeakers. No exterior loudspeakers or paging equipment shall be permitted on-site. 99. Community Garden. a. All Districts. (1) Setbacks. The cultivation area shall be setback or designed (planted) a minimum distance so as to not violate any cross -visibility requirements and safe -sight standards required near vehicular use areas. (2) Design. Walkways shall be unpaved except as necessary to meet the needs of individuals with disabilities. (3) Parking. Community gardens shall be exempt from the off-street parking requirements of Chapter 4, Article V, Minimum Off -Street Parking Requirements. No vehicles, including harvesting machinery shall be stored on the subject property or within the abutting right-of-way, except that such vehicles may be on the property as necessary for completion of grading performed in accordance with a land development permit. See Chapter 2, Article III, Section 3 for the regulations pertaining to the land development permit. (4) Hours of Operation. No activity shall be conducted on-site between the hours of 9:00 p.m. and 7:00 a.m. (5) Exterior Lighting. No temporary or permanent exterior lighting shall be used beyond the lawful hours of operation. (6) Walls and Fences. Walls and fences shall be allowed and regulated in accordance with Chapter 3, Article V, Section 2. (7) Open Burning. The open burning of neighborhood gardens shall be prohibited. See City Code of Ordinances Part II, Chapter 9, Article 11, Section 9-18 for the restrictions on open burning. (8) Signage. Pursuant to Chapter 4, Article IV, Section 1.E., a non -illuminated sign with non- commercial copy is allowed, provided that it does not exceed three (3) square feet in area. If proposed as a freestanding structure, the sign shall not be greater than four (4) feet in height and must be located at least ten (10) feet from any property line. (9) Grading and Ground Elevation. The subject site shall not be excavated, graded, dredged, or filled to the extent that it would change existing drainage patterns or cause rainwater to outfall onto abutting properties or rights-of-way. b. Residential Districts. (1) IPUD District, PUD District, and MHP District. A community garden shall only be allowed on lands considered common area by the homeowners or property owners' association or upon lots that are owned by such association. (2) Lot Size. The maximum lot size shall not exceed one-half (0.5) acre. (3) Freestanding Structures and Site Amenities. No freestanding structures or site amenities allowed under Chapter 3, Article V, Section 3 (e.g., sheds and storage containers, generators and fuel tanks, compost bins and tumblers, agricultural structures) shall be allowed. Page 441 of 678 (4) Seed and Fertilizer. No seed or fertilizer shall be stored on-site. (5) Approval Process. A community garden shall require the approval of a zoning permit in accordance with Chapter 2, Article 11, Section S.B. c. All Commercial and Mixed Use Districts. (1) Lot Size. The maximum lot size shall not exceed one (1) acre. (2) Separation. A community garden shall be separated from another community garden by a minimum of one thousand (1,000) feet. (3) Freestanding Structures and Site Amenities. Freestanding structures and site amenities, including but not limited to sheds and storage containers, generators and fuel tanks, compost bins and tumblers, or agricultural structures are allowed, provided that they are installed, placed, erected, or constructed in accordance with the respective provisions of Chapter 3, Article V, Section 3. (4) Lot Coverage. The ground area of all freestanding structures and site amenities allowed under Chapter 3, Article V, Section 3 that are installed, placed, erected, or constructed shall count towards lot coverage; and all of these, including principal structures, shall not exceed the maximum allowed by the respective zoning district. (5) Approval Process. A community garden shall require the approval of a zoning permit in accordance with Chapter 2, Article 11, Section S.B. However, those containing storage and/or agricultural structures greater than one hundred (100) square feet as provided for in the Supplemental Regulations (Chapter 3, Article V, Section 3) shall require approval of conditional use and site plan applications in accordance with Chapter 2, Article II, Section 2. (6) Retail Sales. The on-site sale of fruits, vegetables, nuts, or herbs harvested on-site is allowed, but only in connection with the approval of a special event permit. Any temporary farm stand used during the special event period shall be no larger than seventy-two (72) square feet and seven (7) feet in height. No fruits, vegetables, nuts, or herbs harvested off-site or any products produced off-site shall be brought to the subject property and sold on-site. 100. Warehouse, showroom (single product line). a. All Districts (for recreational vehicles only). (1) Minimum property size for the particular use shall be ten (10) acres. (2) Must be located in a multi -tenant building. (3) Interior display of recreational vehicles is required. Ancillary display outside an enclosed building shall not exceed one and one-half (1-1/2)times the number of units displayed indoors. (4) If ancillary outdoor display is proposed, the property shall not be located on an arterial or collector roadway. (5) Only one row of recreational vehicles may be displayed between the building and any road right-of- way. No recreational vehicle may be displayed within ninety (90) feet of any road right-of-way. (6) No ancillary outdoor display shall occur within required parking spaces. (7) Location of ancillary outdoor display shall not obstruct or impede vehicular movements or pedestrian access. (8) Landscaping shall be in conformance with either "perimeter landscape buffer" or "landscape strip abutting right-of-way" requirements, whichever is applicable. Page 442 of 678 (9) No maintenance shall occur on site. 101. Medical Care or Testing (In-patient). Other requirements and site standards: a. Conditional use approval shall be required if there exists less than a fifty (50) foot setback between the subject use and an abutting residential or mixed use zoning district. This separation is intended to enable proper site design regarding secured access, private outdoor patron amenities, buffering, and the like. b. Site security shall be ensured through a minimum of surveillance cameras, limited and controlled access points, and operational procedures to restrict unauthorized and/or unarranged accessing or exiting of the facility and/or property. This subsection may be proven unnecessary based on the use or operation, surrounding land uses and/or site design. Justification shall be provided to staff in conjunction with site plan review or when applying for Certificate of Use approval. c. Privacy and access control shall be ensured through a minimum of perimeter fencing and landscape buffering intended to support the objective to control access and increase privacy of areas intended for client or patient use. This subsection may be proven unnecessary based on the use or operation, surrounding land uses and/or site design. Justification shall be provided to staff in conjunction with site plan review or when applying for Certificate of Use approval. d. In addition to the locational restriction of footnote No. 14 (arterial roadway frontage), allowed locations within the CRA shall exclude Planning Areas 42, 43, and 44 as defined within the Federal Highway Corridor Community Redevelopment Plan Update adopted in 2006, and the Boynton Beach Boulevard corridor. The intent of this standard is to reserve certain areas within the CRA to those uses that contribute to, and enhance, the entries into the downtown, the fabric of the streetscape, harmonious land use relationships, downtown retail and commerce, and other urban development efforts that establish a sense of place along the key routes leading to, and within, the downtown pursuant to an adopted redevelopment plan. 102. Pre-existing. Such pre-existing uses which are no longer allowed uses pursuant to amendments to the Zoning Matrix shall not be construed as non -conforming uses. However, major modifications to such uses shall be in accordance with the conditional use approval process if required pursuant to the Zoning Matrix, and adhere to the site design and operational restrictions of the applicable footnotes. 103. Landscape Debris Stockpiling. a. The commercial stockpiling of landscaping debris is allowed as a conditional use in the M-1 zoning district subject to the following conditions: 1) Prior to commencing the operation of a landscaping debris storage site, a property owner must first obtain a Business Tax Receipt and Certificate of Use from the city. 2) A site plan notated to show operational components of the storage facility (i.e. access, storage area, setback, etc). 3) No stockpiling of landscaping debris shall be permitted on properties of less than 0.5 acres. 4) A minimum 20 -foot wide stabilized all weather access road around the perimeter of the stockpile. 5) All stored landscaping debris shall be setback at least 30 feet from any residential property line and 25 feet from all other property lines. 6) All storm water drainage shall be maintained on the site by appropriate infrastructure and improvements as approved by the City Engineer or his or her designees. 7) No chipping of stockpiled debris is permitted on the site. Page 443 of 678 8) The perimeter of a storage site shall be screened with a wall or fence that obstructs the view of the storage area from adjacent properties, except where such use abuts a residential zoning district screening shall also include landscape elements that meet the intent of the Landscape Barrier as defined in Chapter 4, Article II of the Land Development Regulations. 9) The hours of operation shall be limited to 8:00 a.m. to 6:00 p.m. Monday through Friday and Saturday from 8:00 a.m. to 2:00 p.m. or as established during the conditional use approval process. 10) Access to operations shall be only from a public right-of-way. In no case, shall a delivery or removal of the stored landscaping debris utilize a private road or alley serving residential uses for access. 11) The delivery, removal and storage shall utilize dust control measures. 12) Debris piles shall nol be placed on surfaces intended or designed for open space, or for parking or vehicle circulation. 13) Storage areas shall include fire protection monitoring, alert and suppression systems as approved by the City Fire Marshal. The following are minimum requirements which must be demonstrated to obtain Fire Marshal approval: a) No pile shall be higher than 10 feet. During any declared drought the height shall be limited to six feet. b) All piles shall be covered with a "breathable blanket" or site provided with a sprinkler system approved by the City Fire Marshal. c) All piles shall be secured behind a fence or other approved barrier that will be locked at all times when not in use. d) Because of the health hazards from the rotting vegetation and the vermin that may live there and the fire hazard these piles shall be a minimum of 25 feet from any commercial building and 40 feet from any residence. e) A working garden hose shall be at the ready at all times to put out small spot fires. f) Each pile shall be churned at least once per week and so noted on a roster to be maintained onsite and made available to a Fire Department representative on request. b. These provisions shall be in effect until August 22, 2018 as a pilot program and shall sunset unless extended or made a permanent part of these regulations by a subsequent ordinance of the city. (Ord. 10-025, passed 12-7-10; Am. Ord. 11-002, passed 3-1-11; Am. Ord. 11-018, passed 7-5-11; Am. Ord. 11- 023, passed 10-4-11; Am. Ord. 11-028, passed 10-18-11; Am. Ord. 12-006, passed 4-17-12; Am. Ord. 12-010, passed 6-19-12; Am. Ord. 13-020, passed 7-2-13; Am. Ord. 13-025, passed 10-1-13; Am. Ord. 13-029, passed 11-19-13; Am. Ord. 15-002, passed 3-17-15; Am. Ord. 15-003, passed 3-17-15; Am. Ord. 15-019, passed 8-18- 15; Am. Ord. 15-030, passed 11-3-15; Am. Ord. 16-010, passed 7-5-16; Am. Ord. 16-011, passed 7-5-16; Am. Ord. 16-023, passed 1-3-17; Am. Ord. 17-005, passed 2-21-17) Page 444 of 678 M PUBLIC HEARING 9/19/2017 REQUESTED ACTION BY COMMISSION: (1) PROPOSED ORDINANCE NO. 17-024 - SECOND READING - PUBLIC HEARING - Approve The Villages at East Ocean Avenue - North Future Land Use Map Amendment (LUAR 17-002) from Local Retail Commercial (LRC) to Mixed Use High (MXH). Applicant: Arthur B. D'Almeida (2) PROPOSED ORDINANCE NO. 17-025 - SECOND READING - PUBLIC HEARING - Approve The Villages at East Ocean Avenue - North Rezoning (LUAR 17-002) from C-2 Neighborhood Commercial and C- 3 Community Commercial to MU -C, Mixed Use Core District with a proposed site plan for 336 multi -family units and 12,257 square feet of commercial space. Applicant: Arthur B. D'Almeida EXPLANATION OF REQUEST: The proposed Villages at East Ocean Avenue is a mixed use development on 5.14 acres which extend between the FEC Railroad to the east and 3rd Street on the west, with Ocean Avenue beeing a dividing line between the project's North and South components. The North component covers the area north of Ocean Avenue to Boynton Beach Boulevard, while the South part of the development extends from Ocean Avenue to the alley south of SE 1St Avenue. The land use amendments, rezonings and site plans for the North and South sections are processed concurrently (see the respective staff reports). The subject request pertains to the North section of the Villages project. The project area consists of 11 parcels, 6 of which are currently vacant This section is proposed to be redeveloped under the highest density Future Land Use (FLU) category of Mixed Use High, with Mixed Use Core zoning. The project will also avail itself of the 25% Downtown Transit -Oriented Development District's density bonus, bringing its maximum density to 100 dwelling units per acre. The request, if approved, would implement the CRA Plan's future land use (FLU) recommendation for the area. The Villages' North area is split between the Cultural and Boynton Beach Boulevard districts; each district's section carries the same FLU recommendation of Mixed Use High (MXH). The Planning & Development Board reviewed this item on August 22, 2017 and forwards it with a recommendation for approval. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The project will not require capacity adjustment to the City services. FISCAL IMPACT: The project, if approved and constructed, would ultimately lead to an increase in the City's tax base. ALTERNATIVES: Staff does not recommend any alternatives. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: NA Page 445 of 678 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: NA Is this a grant? No Grant Amount: ATTACHMENTS: Type D Staff Report D Location Map D Exhibit D Exhibit D Exhibit Description Ordinance appro\Ang Villages at East Ocean Avenue North Land Use amendment Ordinance appro\Ang rezoning at The Villages of East Ocean Avenue ® North Staff Report ExhibitA. Location Map Exhibit B. Villages proposed FLU Exhibit C. Villages proposed zoning Exhibit D. CRA FLU recommendation Page 446 of 678 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 ORDINANCE NO. 17 - 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 PROPERTY COMMONLY KNOWN AS THE VILLAGES AT EAST OCEAN AVENUE - NORTH AND DESCRIBED HEREIN, OWNED BY THE ARTHUR B. D'ALMEIDA; CHANGING THE LAND USE DESIGNATION FROM LOCAL RETAIL COMMERCIAL (LRG) TO MIXED USE HIGH (MXH); 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 Future Land Use Element (designation) of the Comprehensive Plan as hereinafter 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 described in Exhibit "A" is Page 447 of 678 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 amended from Local Retail Commercial (LRC) to: MIXED USE HIGH (MXH). Section 3 : This Ordinance shall take effect on adoption, subject to the review, challenge, or appeal provisions provided by the Florida Local Government Comprehensive Planning and Land Development Regulation Act. No party shall be vested of any right by virtue of the adoption of this Ordinance until all statutory required review is complete and all legal challenges, including appeals, are exhausted. In the event that the effective date is established by state law or special act, the provisions of state act shall control. FIRST READING this day of , 2017. SECOND, FINAL READING and PASSAGE this day of , 2017. CITY OF BOYNTON BEACH, FLORIDA ATTEST: Judith A. Pyle, CMC City Clerk (Corporate Seal) Mayor — Steven B. Grant Vice Mayor — Justin Katz Commissioner — Mack McCray Commissioner — Christina L. Romelus Commissioner — Joe Casello VOTE YES NO Page 448 of 678 NORTH PROPERTY LEGAL DESCRIPTION 08-43-45-28-03-002-0070 (ORB 25999 PAGE 1961) LOT 7, BLOCK 2, ORIGINAL TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 23, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. LESS THOSE LANDS CONVEYED TO THE STATE OF FLORIDA IN WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 1324, PAGE 13. TOGETHER WITH ALL IMPROVEMENTS, TENEMENTS, HEREDITAMENTS, AND APPURTENANCES THERETO BELONGING OR IN ANYWISE APPERTAINING AND TOGETHER WITH ALL RIGHTS AND EASEMENTS OF RECORD. SUBJECT TO ALL COVENANTS, RESTRICTIONS AND EASEMENTS OF RECORD, WITHOUT REIMPOSING SAME, AND TAXES FOR THE CURRENT AND SUBSEQUENT YEARS. 08-43-45-28-03-002-0050 (ORB 14860 PAGE 1691) LOTS 5 AND 6, BLOCK 2, OF TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, AT PAGE 23, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SUBJECT TO CONDITIONS, RESTRICTIONS, LIMITATIONS, RESERVATIONS, AGREEMENTS, DECLARATIONS, DEDICATIONS AND EASEMENTS OF RECORD, APPLICABLE ZONING LAWS AND TAXES FOR THE YEAR 2003 AND ALL SUBSEQUENT YEARS. 08-43-45-28-03-002-0030 (ORB 23738 PAGE 1529) LOTS 3 AND 4, BLOCK 2, BOYNTON, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE(s) 23, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA 08-43-45-28-03-002-0020 (ORB 21484 PAGE 1820) LOT 2, BLOCK 2, OF TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 23, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA Page 449 of 678 08-43-45-28-03-002-0080 (ORB 26000 PAGE 1) LOTS 8, 9 AND 10, BLOCK 2 OF THE TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 23, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH ALL IMPROVEMENTS, TENEMENTS, HEREDITAMENTS, AND APPURTENANCES THERETO BELONGING OR IN ANYWISE APPERTAINING AND TOGETHER WITH ALL RIGHTS AND EASEMENTS OF RECORD. SUBJECT TO ALL COVENANTS, RESTRICTIONS AND EASEMENTS OF RECORD, WITHOUT REIMPOSING SAME, AND TAXES FOR THE CURRENT AND SUBSEQUENT YEARS. 08-43-45-28-03-002-0110 (ORB 21535 PAGE 575) LOTS 11, 12, AND 13, BLOCK 2, BOYNTON, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 23, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA ORB 26546 PAGE 1: 08-43-45-28-03-005-0040 PARCEL 1: LOTS 4 THROUGH 6, BLOCK 5, TOWN OF BOYNTON, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 1, PAGE 23, AS RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 08-43-45-28-03-005-0091 PARCEL 2: THE EAST 30 FEET OF LOT 9, BLOCK 5, TOWN OF BOYNTON, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 1, PAGE 23, AS RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 08-43-45-28-03-005-0100 PARCEL 3: LOTS 10 AND 11, BLOCK 5, TOWN OF BOYNTON, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 1, PAGE 23 AS RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. Page 450 of 678 08-43-45-28-03-005-0020 (ORB 26484 PAGE 125) THAT CERTAIN REAL PROPERTY LOCATED IN SECTION 28, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA MORE PARTICULARLY DESCRIBED AS FOLLOWS: LOTS 2 AND 3, BLOCK 5, TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 23, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH ALL IMPROVEMENTS, TENEMENTS, HEREDITAMENTS, AND APPURTENANCES THERETO BELONGING OR IN ANYWISE APPERTAINING AND TOGETHER WITH ALL RIGHTS AND EASEMENTS OF RECORD. SUBJECT TO ALL COVENANTS, RESTRICTIONS AND EASEMENTS OF RECORD, WITHOUT THE INTENT TO REIMPOSE SAME, AND TAXES FOR THE CURRENT AND SUBSEQUENT YEARS. 08-43-45-28-03-005-0080 (ORB 27636 PAGE 849) LOTS 8 AND 9, LESS THE EAST 30 FEET, BLOCK 5, TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 1, PAGE 23. SAID LANDS SITUATE, LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. TOGETHER WITH ALL IMPROVEMENTS, TENEMENTS, HEREDITAMENTS, AND APPURTENANCES THERETO BELONGING OR IN ANYWISE APPERTAINING AND TOGETHER WITH ALL RIGHTS AND EASEMENTS OF RECORD. SUBJECT TO ALL COVENANTS, RESTRICTIONS AND EASEMENTS OF RECORD, WITHOUT THE INTENT TO REIMPOSE SAME, AND TAXES FOR THE CURRENT AND SUBSEQUENT YEARS. THE PERSONAL REPRESENTATIVES RELEASE ALL LIENS OR RIGHTS TO LIENS PURSUANT TO SEC. 733.608, FLA. STAT. Page 451 of 678 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ORDINANCE NO. 17 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE 02- 013 TO REZONE A PARCEL OF LAND DESCRIBED HEREIN AND COMMONLY REFERRED TO AS THE VILLAGES AT EAST OCEAN AVENUE — NORTH FROM NEIGHBORHOOD COMMERCIAL (C-2) AND COMMUNITY COMMERCIAL (C-3) TO MIXED USE CORE WITH THE MAXIMUM DENSITY OF 80 DWELLING UNITS/ACRE (MU -C); 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; 18 and 19 20 21 22 23 24 25 26 27 28 29 30 31 32 WHEREAS, the City of Boynton Beach, owner of the property has made application to rezone a parcel of land, said land being more particularly described hereinafter, from Neighborhood Commercial (C-2) and Community Commercial (C-3) to Mixed Use Core with the maximum density of 80 dwelling units/acre (MU -C); and WHEREAS, the City Commission conducted public hearings as required by law 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: C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\63197723-CE03-42B2-9670-239EDDOOFB74\Boynton Beach. 6549.1.Villages_at East _Ocean_Avenue_-_North_-_Rezone.doc Page 452 of 678 33 Section 1. The foregoing Whereas clauses are true and correct and incorporated 34 herein by this reference 35 Section 2. The land described in Exhibit "A" be and the same is hereby rezoned 36 from Neighborhood Commercial (C-2) and Community Commercial (C-3) to Mixed Use 37 Core with the maximum density of 80 dwelling units/acre (MU -C). A location map is 38 attached hereto as Exhibit "B" and made a part of this Ordinance by reference. 39 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 40 accordingly. 41 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby 42 repealed. 43 Section 5. Should any section or provision of this Ordinance or any portion thereof 44 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect 45 the remainder of this Ordinance. 46 Section 6. This ordinance shall become effective immediately upon passage. 47 FIRST READING this day of , 2017. W o C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\63197723-CE03-42B2-9670-239EDDOOFB74\Boynton Beach. 6549.1.Villages_at East _Ocean_Avenue_-_North_-_Rezone.doc Page 453 of 678 50 SECOND, FINAL READING and PASSAGE this day of , 2017. 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Justin Katz Commissioner — Mack McCray Commissioner — Christina L. Romelus Commissioner — Joe Casello ATTEST: Judith A. Pyle, CMC City Clerk (Corporate Seal) VOTE YES NO C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\63197723-CE03-42B2-9670-239EDDOOFB74\Boynton Beach. 6549.1.Villages_at East _Ocean_Avenue_-_North_-_Rezone.doc Page 454 of 678 W. C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\63197723-CE03-42B2-9670-239EDDOOFB74\Boynton Beach. 6549.1.Villages_at East _Ocean_Avenue_-_North_-_Rezone.doc Page 455 of 678 EXHIBIT A NORTH PROPERTY LEGAL DESCRIPTION 08-43-45-28-03-002-0070 (ORB 25999 PAGE 1961) LOT 7, BLOCK 2, ORIGINAL TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 23, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. LESS THOSE LANDS CONVEYED TO THE STATE OF FLORIDA IN WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 1324, PAGE 13. TOGETHER WITH ALL IMPROVEMENTS, TENEMENTS, HEREDITAMENTS, AND APPURTENANCES THERETO BELONGING OR IN ANYWISE APPERTAINING AND TOGETHER WITH ALL RIGHTS AND EASEMENTS OF RECORD. SUBJECT TO ALL COVENANTS, RESTRICTIONS AND EASEMENTS OF RECORD, WITHOUT REIMPOSING SAME, AND TAXES FOR THE CURRENT AND SUBSEQUENT YEARS. 08-43-45-28-03-002-0050 (ORB 14860 PAGE 1691) LOTS 5 AND 6, BLOCK 2, OF TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, AT PAGE 23, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SUBJECT TO CONDITIONS, RESTRICTIONS, LIMITATIONS, RESERVATIONS, AGREEMENTS, DECLARATIONS, DEDICATIONS AND EASEMENTS OF RECORD, APPLICABLE ZONING LAWS AND TAXES FOR THE YEAR 2003 AND ALL SUBSEQUENT YEARS. 08-43-45-28-03-002-0030 (ORB 23738 PAGE 1529) LOTS 3 AND 4, BLOCK 2, BOYNTON, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE(s) 23, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA 08-43-45-28-03-002-0020 (ORB 21484 PAGE 1820) LOT 2, BLOCK 2, OF TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 23, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA 08-43-45-28-03-002-0080 (ORB 26000 PAGE 1) C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\63197723-CE03-42B2-9670-239EDDOOFB74\Boynton Beach. 6549.1.Villages_at East Ocean_Avenue_- North_-_Rezone.doc Page 456 of 678 LOTS 8, 9 AND 10, BLOCK 2 OF THE TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 23, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH ALL IMPROVEMENTS, TENEMENTS, HEREDITAMENTS, AND APPURTENANCES THERETO BELONGING OR IN ANYWISE APPERTAINING AND TOGETHER WITH ALL RIGHTS AND EASEMENTS OF RECORD. SUBJECT TO ALL COVENANTS, RESTRICTIONS AND EASEMENTS OF RECORD, WITHOUT REIMPOSING SAME, AND TAXES FOR THE CURRENT AND SUBSEQUENT YEARS. 08-43-45-28-03-002-0110 (ORB 21535 PAGE 575) LOTS 11, 12, AND 13, BLOCK 2, BOYNTON, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 23, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA ORB 26546 PAGE 1: 08-43-45-28-03-005-0040 PARCEL 1: LOTS 4 THROUGH 6, BLOCK 5, TOWN OF BOYNTON, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 1, PAGE 23, AS RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 08-43-45-28-03-005-0091 PARCEL 2: THE EAST 30 FEET OF LOT 9, BLOCK 5, TOWN OF BOYNTON, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 1, PAGE 23, AS RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 08-43-45-28-03-005-0100 PARCEL 3: LOTS 10 AND 11, BLOCK 5, TOWN OF BOYNTON, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 1, PAGE 23 AS RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 08-43-45-28-03-005-0020 (ORB 26484 PAGE 125) THAT CERTAIN REAL PROPERTY LOCATED IN SECTION 28, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA MORE PARTICULARLY DESCRIBED AS FOLLOWS: LOTS 2 AND 3, BLOCK 5, TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 23, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\63197723-CE03-42B2-9670-239EDDOOFB74\Boynton Beach. 6549.1.Villages_at East Ocean_Avenue_- North_-_Rezone.doc Page 457 of 678 TOGETHER WITH ALL IMPROVEMENTS, TENEMENTS, HEREDITAMENTS, AND APPURTENANCES THERETO BELONGING OR IN ANYWISE APPERTAINING AND TOGETHER WITH ALL RIGHTS AND EASEMENTS OF RECORD. SUBJECT TO ALL COVENANTS, RESTRICTIONS AND EASEMENTS OF RECORD, WITHOUT THE INTENT TO REIMPOSE SAME, AND TAXES FOR THE CURRENT AND SUBSEQUENT YEARS. 08-43-45-28-03-005-0080 (ORB 27636 PAGE 849) LOTS 8 AND 9, LESS THE EAST 30 FEET, BLOCK 5, TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 1, PAGE 23. SAID LANDS SITUATE, LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. TOGETHER WITH ALL IMPROVEMENTS, TENEMENTS, HEREDITAMENTS, AND APPURTENANCES THERETO BELONGING OR IN ANYWISE APPERTAINING AND TOGETHER WITH ALL RIGHTS AND EASEMENTS OF RECORD. SUBJECT TO ALL COVENANTS, RESTRICTIONS AND EASEMENTS OF RECORD, WITHOUT THE INTENT TO REIMPOSE SAME, AND TAXES FOR THE CURRENT AND SUBSEQUENT YEARS. THE PERSONAL REPRESENTATIVES RELEASE ALL LIENS OR RIGHTS TO LIENS PURSUANT TO SEC. 733.608, FLA. STAT. C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\63197723-CE03-42B2-9670-239EDDOOFB74\Boynton Beach. 6549.1.Villages_at East Ocean_Avenue_- North_-_Rezone.doc Page 458 of 678 M-10111111114:1-111 A A TO: Chair and Members Planning and Deveripment Board THRUMichael Ru �q Planning and Zoning Director FROM: Hanna MatraSenior Planner E. August 11, 2017 PROJECT: The Villages at East Ocean Avenue -No LUAR 17-002 1 REQJEST. Approve The Villages at East Ocean -North Future Land Use MaA Amendment from Local Retail Commercial (LRC) to Mixed Usiz High (MXH) and rezoning from C-2 Neighborhood Commercial an;1' C-3 Community Commercial to MU -C, Mixed Use Core District with a proposed site plan for 336 multi -family units and 12,257 square. feet of commercial space. Agent: Bradley D. Miller, Miller Land Planning Inc. -ocation: Area extending west from FEC Railway tracks to NE Street, bounded by E. Ocean Avenue on the south and E. Boynton Beach Boulevard on the north (Exhibit "A") Existing Land Use/ Zoning: Local Retail Commercial (L C)/ C-2 Neighborhood Commercial and C-3 Community Commercial Proposed Land Use/ Zoning- Mixed Use High (MXH)/ MU -C Mixed Use Core with the maximum density of 80 dwelling units/acre (Exhibits "B" and "C") Acreage: 3.379 acres Page 459 of 678 Page r LUAR 17-002 North: Right-of-way for Boynton Beach Boulevard; farther north, developed commercial properties classified Local Retail Commercial (LRC) future land use and zoned C-3 Community Commercial; South: Right-of-way for Ocean Avenue; farther south, proposed Villages of East Ocean Avenue South with Mixed Use Medium future land use and MU -2 Mixed Use 2 zoning (currently, developed commercial property classified Local Retail Commercial (LRC) future land use and zoned C-2 Neighborhood _ • • •f -way for FEC Railroad;• • for th • then developed commercial property, parking, City -owned green and a vacant property, all classified Mixed Use High (MXH) future land use and zoned CBD Central Business'District; West: Right-of-way for NE 3rd Street, and farther west, developed condominium and commercial properties classified Local Retail Commercial (LRC) and High Density Residential (HDR) future land use and zoned C-3 Community Commercial and R-3 Multifamily. The proposed Villages of East Ocean Avenue is a mixed use development on 5.14 rd acres which extend between the FEC Railroad to the east and 3 Street on the west, with Ocean Avenue beeing a dividing line between the project's North and South components. The North component covers the area north of Ocean Avenue to Boynton Beach Boulevard, while the South part of the development extends from Ocean Avenue to the alley southof SE 1st Avenue. The land use amendments, rezonings plans for the North and South sections are processed concurrently (see the respective staff '!• The proposed development is located within the Community Redevelopment Area and carries three transportation -related designations: the Downtown Transit -Oriented Development (DTOD) District, Transportation Concurrency Exception Area (TCEA) and Coastal Residential Exception. The DTOD district covers a one-half mile radius around the station of the planned Tri -Rail Coastal Link commuter service on the FEC Rail line, to be located just south of Boynton Beach Boulevard. The district's regulations support increased intensity of development through a 25% density bonus. The TCEA, in addition to the Coastal Residential Exception applicable east of 1-95, exempts all projects within a predetermined threshold from the Palm Beach County traffic concurrency ordinance, further supporting redevelopment in the City's downtown and surrounding neighborhoods. 9 Page 460 of 678 The subject request pertains to the North section of the Villages project. The property consist of 11 parcels, 6 of which are currently vacant (the Boynton Center No. 5 condominium property on the corner of Ocean Avenue and 3rd Street is not included in the project). This section is proposed to be redeveloped under the highest density Future Land Use (FLU) category of Mixed Use High, with Mixed Use Core zoning. The project will also avail itself of the 25% DTOD district's density bonus, bringing its density to 100 dwelling units per acre. I The following criteria used to review Comprehensive Plan Map amendments an• rezonings are listed in the Land Development Regulations, Chapter 2, Article 11, Sectio 2.13 and Section 2.D.3: 2. Demonstration of Need A demonstration of need may be based upon changin I conditions that represent a demand for the proposed land use classification an I zoning district. Appropriate data and analysis that adequately substantiates th I need for the proposed land use amendment and rezoning must be provided with, the application. The need for the requested Future Land Use Map amendment (FLUM)/rezoning of the subject site is closely aligned with the City's long standing vision and desire to expand housing in and around the downtown to foster pedestrian activity needed for creation of a vibrant city center. The City has supported this vision by allowing the highest residential densities in the area; more so in recent years, as the plan for a new Tri -Rail Coastal Link commuter service with a downtown station provided a heightened rationale for intensification of future redevelopment in proximate locations. The increased development intensity and related regulations for the Downtown Transit -Oriented Development (DTOD) District, established in 2014, are consistent with recommendations of the Florida Department of Transportation (FDOT), included the department's 2012 Florida TOD Guidebook. The proposed project is adjacent to the planned Coastal Link station. Note FDOT model for the Boynton Beach DTOD District is a Community Center station with stipulated densities between 11 and 16 dwelling units per acre, much higher than 7-.4; ftelling units per acre, the current gross density within the District. The proposed rezoning will bring the density closer to the number at which planned commuter service can operate efficiently. In addition, the subject request reflects an ongoing high demand for rental apartment Despite rising vacancy rates, international real estate companies Marcus & Millicha and CBRE 2017 multifamily forecasts for Palm Beach county predict another year rent gains, fuelled by continuous job growth and in -migration. I Page 461 of 678 Page 4 The Vilages at East Ocean Avenue - North LUAR 17-002 b. Consistency. Whether the proposed Future Land Use Map amendment (FL11,Ti) and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. Consistency with the Comprehensive Plan and Redevelopment Plan The proposed future land use amendment and rezoning are consistent with several applicable policies of the Comprehensive Plan, such as: Policy 1. 18. 1 The City shall implement the Transit -Oriented Development (TO approach, as described in the 2012 Florida Department Transportation's TOD Guidebook, to manage future growth within a mile radius around the intersection of Ocean Avenue and the ri rid East Coast rail corridor, which is the anticipated location of th,_ Downtown Boynton Beach Station for the planned commuter Tri -RI Coastal Link service on the FEC Corridor. This area will be referred al 7 the Downtown TOD District hereforth. The inner X -mile core of th rl" District shall be designed to accommodate the greatest density an intensity of development. Policy 1. 18.2 The City shall aim to transform the Downtown TOD District area into an active, mixed-use, pedestrian -friendly activity zone, supporting new housing to increase potential ridership, intensifying land development activity, and adding amenities and destination uses for future transit riders. The City shall strive to achieve this goal through facilitating compact, high density and intensity development of a varied mix of land uses. Note that the subject property is located within the inner one-quarter—mile core of the DTOD District. The request, if approved, would implement the FLU proposed for the area by the 2016 CRA Community Redevelopment Plan. The Villages' North area is split between the Cultural and Boynton Beach Boulevard districts; each district's section carries the same FLU recommendation of Mixed Use High (MXH), as demonstrated by Exhibit "D." The proposed Mixed Use Core zoning corresponds to the Mixed Use High future land use category of the new future land use/zoning structure of the CRA Plan. It is the higher intensity district of the two districts corresponding to the MXH future land use. The subject property location in close proximity to the planned Coastal Link station represents a clear preference for the highest possible density in support of the commuter service. The application for the master/site plan complies with the recommendations of the CRA 4 Page 462 of 678 Page 5 MA, 69 NO Plan. The development regulations for the requested Mixed Use Core (MU -C) zoning Cstrict are subject of the code review under concurrent consideration. c. Land Use Pattem. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUMreclassifications and rezonings that would result in more desirable and sustainable growth for the community. These actions aim to continue implementation of changes that wouldresult in mol"M desirable and sustainable growth for the commun in an area that abuts a railro corridor and consists of underutilized commercial property and old storage bays that a non -conforming by current zoning regulations. For lands in or near the City's downtow r v the CRA Plan recommends significantly more intense development and high residential density — particularly within the ' Downtown Transit Oriented Developme District, which already allows for an additional 25% density bonus over all zoniiins districts with the permitted density beginning at 20 dwelling units per acre. Dens development is needed to sustain the level of activity necessary for a lively downto and success of the planned Coastal Link commuter service. d Sustainability. Whether the proposed Future Land Use Map amendment (FLUIVII and rezoning would support the integration of a mix of land uses consistent with th Smart Growth or sustainability initiatives, with an emphasis on 1) complementa vi land uses, 2) access to alternative modes of transportation; and 3) interconnecti within the project and between adjacent properties. Igo Water and Sewer Long-term capacity availability for potable water and sewer for t: subject request has been confirmed by the Utilities Department. I KTARZA Page 463 of 678 Page 6 Thz_v LUAR 17-002 fisposal capacity will be available at the existing landfill through approximately the yea 2046. Drainage. Drainaqe will be reviewed in detail as part of the site plan, land development, and building permit review processes. Traffic. The property is under the Coastal Residential exception and TCEA designations and is therefore exempted from the concurrency requirements of the Palm Beach County Traffic Performance Standards Ordinance. The monitoring of the maximum allowable residential uses and square footage of commercial, industrial and other non- residential uses as well as applicable use ratios under the TCEA Planned 2025 Land Use Table indicate that the current (cumulative) numbers remain significantly off the allowable thresholds. Schools. The School Capacity Availability Determination application will be submitted with a site plan/master plan package. f. Compatibilit The application shall consider the following factors to determine compatibility., (1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties, and (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. As already discussed in response to criteria "c" and "d," the proposed FLUM and rezoning follows the recommendations of the CRA Plan for the area, and thus will be compatible with the future use of the surrounding properties. The Plan's vision is to transform the area into a high intensity, walkable, bustling urban environment, with a further impetus to be provided by the planned Costal Link commuter service. As shown on Exhibit "D," the FLU recommendation for the remaining portion of the Cultural District is the Mixed Use Medium future land use category with a maximum density of 50 dwelling units per acre. Between NW 1st Str- B• • Boulevard District carries the same recommendation of Mixed Use Medium; east of NE Td Street and in proximity of the future Coastal Link station, it transitions into Mixed Use High. The 25% density bonus (incorporated into the project) will further intensify redevelopment in both districts. Property values in the area are expected to rise significantly as the implementation of the CRA plan continues with the proposed FLUM amend ment/rezoning and the planned redevelopment of the civic campus into a mixed use Town Square project. Z Page 464 of 678 Page 7 LUAR 17-002 The scale of the proposed action will transform the neighborhood while answering t City's need to create a vibrant downtown. I g. Direct Economic Development Benerits. For rezoningIFLUM amendmenil-, involving rezoning to a planned zoning district, the review shall consider t economic benefits of the proposed amendment, specifically, whether the propos, (1) Further implementation of the Economic Development (ED) Program, (2) Contribute to the enhancement and diversification of the City's tax base; (3) Respond to the current market demand or community needs or provide services or retail choices not locally available, (4) Create new employment opportunities for the residents, with pay at or above the county average hourly wage; (5) Represent innovative methodsltechnologies, especially those promoting (6) Be complementary to existing uses, thus fostering synergy effects, and (7) Alleviate blightleconomic obsolescence of the subject area. The proposed project would be yet another major catalyst and synergy contributor support of a successful, lively downtown (see review criteria "gl" and "g6"), bringi more development to the area and attracting more residents and visitors to the City. already noted in this report, the requests reflect the ongoing economic recovery and t. current market demand, adhering to criterion "gW, and would, if approved, effect significant enhancement of the City's tax base (criterion "g2"). Direct impact on j generation would be negligible, with indirect (multiplier) effects having a more significa potential through increased demand for retail and restaurant uses. I h. Commercial and Industrial Land Supply. The review shall consider whether the proposed rezoningIFLUM amendment would reduce the amount of land available for commerciallindustrial development. If such determination is made, the approval can be recommended under the following conditions: (1) The size, shape, andlor location of the property makes it unsuitable for commerciallindustrial development, or (2) The proposed rezoningIFLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph "g" above; and (3) The proposed rezoningIFLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation andlor rezoning. 7 Page 465 of 678 Page 8 LUAR 17-002 development. The MXC future land use classification is already in place; however, although we encourage more commercial uses in mixed use developments and would have liked the project to have a more substantial commercial component, developers have a great deal of flexibility to respond to the market. L Alternative Sites. Whether there are adequate sites elsewhere in the City • the proposed use in zoning districts where such use is already allowed. As explained earlier in this report, the proposed FLU amendment and rezoning, constitute implementation of the CRA Plan recommendation for the subject site. [MV1771WO =11T I f 104 - For the master plan/site plan review, see the corresponding staff report. The application for the master/site plan complies with the recommendations of the CRA Plan. Ti=�� development regulations • the requested Mixed Use Core (MU -C) zoning district are subject of the code review under concurrent consideration. As indicated herein, staff has reviewed the proposed FLU amendment and rezoning and determined that it constitutes the implementation of the CRA Community Redevelopment Plan and the policies of the Comprehensive Plan. Therefore, staff recommends approvals of the subject requests. S:\Planning\SHARED\WP\PROJECTS\Villages at East Ocean\Villages LUARs\Villages North LUAR 17-002\LUAR 17-002 Villages North Staff Report.doc 8 Page 466 of 678 *:1:11:1 k &I LOCATION MAP Page 467 of 678 EXHIBIT B VILLAGES AT OCEAN AVENUE (LUAR 17-002/003): FLU Legend LOW DENSITY RESIDENTIAL (LDR), 7.5 D.U./Acre LOCAL RETAIL COMMERCIAL (LRC) MEDIUM DENSITY RESIDENTIAL (MEDR), 11 D.U./Acre MIXED USE MEDIUM (MXM), 50 D.U./Acre HIGH DENSITY RESIDENTIAL (HDR),15 D.U./Acre MIXED USE HIGH (MXH), P.- UU-4ftrPbf 678 EXHIBIT C VILLAGES AT OCEAN AVENUE (LUAR 17-002/003): ZONING Legend: Zoning Districts C3 Community Commercial R1A Single Family CBD Central Business District R3 Multi Family �, MU -2 Mixed Use 2 0 C2 Neighborhood Commercial MU -C Mixed Use Core Page 469 of 678 CRA PLAN'S FLU RECOMMENDATIONS M N E 3rd �4ve W Z U I IM K�,H E -Boynton -Beach Blvd N W Z 3� SE 2074 Io►ve LEGEND PNEWst _ve _jl_/./_:_ Exhibit D 9.C. PUBLIC HEARING 9/19/2017 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 17-026- SECOND READING -PUBLIC HEARING -Approve request for abandonment of a portion of rights-of-way (ABAN 17-002 through ABAN 17-006) consisting mostly of unimproved streets and alleys between NE/SE 3rd Street and the FEC Railroad, from Boynton Beach Boulevard south to SE 1st Avenue, in conjunction with request for major site plan modification approval of the Villages at East Ocean mixed use project. Applicant: Arthur B. D'Almeida. EXPLANATION OF REQUEST: Bradley Miller, agent for Arthur B. D'Almeida, is requesting to abandon the following segments: • Parcel No. 1: The 20 foot wide alley immediately south of Boynton Beach Boulevard, easterly from NE 3rd Street and terminating at the FEC Railroad right-of-way; • Parcel No. 2: The 40 foot wide unimproved right-of-way of NE 1st Avenue, easterly from NE 3rd Street terminating at the FEC Railroad right-of-way; • Parcel No. 3: The 20 foot wide alley immediately north of Ocean Avenue, beginning at the west property line of Lot 8 of Block 5, Plat of Boynton, easterly and terminating at the FEC Railroad right- of-way. This request exempts out that portion of the alley immediately north of Lot 7 of Block 5, containing an existing condominium building and access to the parking adjacent thereto, which are not part of the Villages at East Ocean proposed development project; • Parcel No. 4: The 20 foot wide alley immediately south of Ocean Avenue, easterly from SE 3rd Street and terminating at the FEC Railroad right-of-way; • Parcel No. 5: The 40 foot wide improved right-of-way of SE 1st Avenue, easterly from SE 3rd Street terminating at the FEC Railroad right-of-way; All of the rights-of-way to be abandoned would all be completely surrounded within, and redeveloped as part of the 5.14 -acre Villages at East Ocean mixed use project. Existing utilities within these rights-of-way will be relocated at the developer's expense. The Planning & Development Board reviewed this item on August 22, 2017, a condition of approval report is attached. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: NA Page 471 of 678 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: NA Is this a grant? No Grant Amount: ATTACHMENTS: Type D Staff Report D Location Map D Drawings D Letter D Memo D Conditions of Approval D Development Order Description Ordinance abandoning portions of rights of way for Villages of East Ocean Avenue project Staff Report Location Map Legal Descriptions & Sketches Applicant's Justification Utilities Report Memo Conditions of Approval Development Order Page 472 of 678 1 ORDINANCE NO. 17- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING ABANDONMENT OF A 5 PORTION OF RIGHTS OF WAY CONSISTING OF MOSTLY 6 UNIMPROVED STREETS AND ALLEYS BETWEEN NE/SE 7 3RD STREET AND THE FEC RAILROAD FROM BOYNTON 8 BEACH BOULEVARD SOUTH TO SE 1sT AVENUE, MORE 9 PARTICULARLY DESCRIBED HEREIN, SUBJECT TO 10 STAFF COMMENTS; AUTHORIZING THE CITY 11 MANAGER TO EXECUTE A DISCLAIMER, WHICH SHALL 12 BE RECORDED WITH THIS ORDINANCE IN THE PUBLIC 13 RECORDS OF PALM BEACH COUNTY, FLORIDA; AND 14 PROVIDING AN EFFECTIVE DATE. 15 16 17 WHEREAS, Ocean One Boynton LLC., Applicant is requesting the City abandon 18 a portion of rights of way consisting of mostly unimproved streets and alleys between 19 NE/SE 3rd Street and the FEC Railroad from Boynton Beach Boulevard south to SE 1st 20 Avenue, subject to staff comments; and 21 22 WHEREAS, comments have been solicited from the appropriate City 23 Departments, and public hearings have been previously held before the City's Planning & 24 Development Board, and the City Commission on the proposed abandonments; and 25 26 WHEREAS, staff has determined that the subject portions of the rights-of-way 27 requested to be abandoned do not adversely impact traffic, or affect other adjacent 28 property owners and therefore no longer serve a public purpose, and the City Commission 29 adopts that finding. 30 31 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 32 OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: 33 34 Section 1. The foregoing Whereas clauses are true and correct and 35 incorporated herein by this reference. 36 37 Section 2. The City Commission of the City of Boynton Beach, Florida, does 38 hereby abandon a portion of rights of way consisting of mostly unimproved streets and 39 alleys between NE/SE 3rd Street and the FEC Railroad from Boynton Beach Boulevard 40 south to SE 1st Avenue, subject to staff comments. The property being abandoned is more 41 particularly described as follows: 42 43 PARCEL NO. 1 CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\BC6ECCA6-9074-43BB-8C89-DE03B6254420\Boynton Beach. 6595.1. ViIlages_at_East _Ocean_ Abandonment - Ordinance.doc Page 473 of 678 44 The 20' Alley lying in Block 2 of the Plat of Boynton, recorded in Plat Book 1, page 45 23, of the Public Records of Palm Beach County, Florida, bounded on the West by the 46 East Right -of -Way of N.E. 3RD Street (Palm Street) and on the East by the West Right - 47 of -Way of the Florida East Coast Railroad. 48 Containing 5,779 square feet, more or less. 49 PARCEL NO. 2 50 That portion of N.E. 1st Avenue (Poinciana St.) lying between Blocks 2 and 5 of the 51 Plat of Boynton, recorded in Plat Book 1, page 23, of the Public Records of Palm 52 Beach County, Florida, bounded on the West by the East Right -of -Way of N.E. 3M 53 Street (Palm Street) and on the East by the West Right -of -Way of the Florida East 54 Coast Railroad. 55 Containing 10,549 square feet, more or less 56 PARCEL NO. 3 57 That portion of 20' Alley lying in Block 5 of the Plat of Boynton, recorded in Plat 58 Book 1, page 23, of the Public Records of Palm Beach County, Florida, bounded on 59 the West by the Northerly extension of the West line of Lot 8, Block 5, and on the East 60 by the West Right -of -Way of the Florida East Coast Railroad. 61 Containing 3,770 square feet, more or less. 62 PARCEL NO. 4 63 The 20' Alley lying in Block 8 of the Plat of Boynton, recorded in Plat Book 1, page 64 23, of the Public Records of Palm Beach County, Florida, bounded on the West by the 65 East Right -of -Way of N.E. 3m Street (Palm Street) and on the East by the West Right - 66 of -Way of the Florida East Coast Railroad. 67 Containing 3,726 square feet, more or less. 68 PARCEL NO. 5 69 That portion of S.E. 1st Avenue (Jessamine St.) lying between Blocks 8 and 11 of the 70 Plat of Boynton, recorded in Plat Book 1, page 23, of the Public Records of Palm 71 Beach County, Florida, bounded on the West by the East Right -of -Way of N.E. 3RD 72 Street (Palm Street) and on the East by the West Right -of -Way of the Florida East 73 Coast Railroad. 74 Containing 6,441 square feet, more or less 75 76 77 Section 3. The City Manager is hereby authorized and directed to execute the 78 attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public 79 Records of Palm Beach County, Florida. CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\BC6ECCA6-9074-43BB-8C89-DE03B6254420\Boynton Beach. 6595.1. ViIlages_at_East _Ocean_ Abandonment - Ordinance.doc Page 474 of 678 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 Section 4. This Ordinance shall take effect immediately upon passage. FIRST READING this day of , 2017. SECOND, FINAL READING AND PASSAGE this , 2017. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Justin Katz Commissioner — Mack McCray Commissioner — Christina L. Romelus Commissioner — Joe Casello ATTEST: Judith A. Pyle, CMC City Clerk (Corporate Seal) VOTE YES NO day of CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\BC6ECCA6-9074-43BB-8C89-DE03B6254420\Boynton Beach. 6595.1. ViIlages_at_East _Ocean_ Abandonment - Ordinance.doc Page 475 of 678 DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that The City Commission of the City of Boynton Beach, Florida, does hereby abandon a portion of rights of way consisting of mostly unimproved streets and alleys between NE/SE 3rd Street and the FEC Railroad from Boynton Beach Boulevard south to SE 1st Avenue, subject to staff comments. The property being abandoned is more particularly described as follows: PARCEL NO. 1 The 20' Alley lying in Block 2 of the Plat of Boynton, recorded in Plat Book 1, page 23, of the Public Records of Palm Beach County, Florida, bounded on the West by the East Right -of -Way of N.E. 3RD Street (Palm Street) and on the East by the West Right -of -Way of the Florida East Coast Railroad. Containing 5,779 square feet, more or less. PARCEL NO. 2 That portion of N.E. 1st Avenue (Poinciana St.) lying between Blocks 2 and 5 of the Plat of Boynton, recorded in Plat Book 1, page 23, of the Public Records of Palm Beach County, Florida, bounded on the West by the East Right -of -Way of N.E. 3RD Street (Palm Street) and on the East by the West Right -of -Way of the Florida East Coast Railroad. Containing 10,549 square feet, more or less PARCEL NO. 3 That portion of 20' Alley lying in Block 5 of the Plat of Boynton, recorded in Plat Book 1, page 23, of the Public Records of Palm Beach County, Florida, bounded on the West by the Northerly extension of the West line of Lot 8, Block 5, and on the East by the West Right - of -Way of the Florida East Coast Railroad. Containing 3,770 square feet, more or less. PARCEL NO. 4 The 20' Alley lying in Block 8 of the Plat of Boynton, recorded in Plat Book 1, page 23, of the Public Records of Palm Beach County, Florida, bounded on the West by the East Right -of -Way of N.E. 3RD Street (Palm Street) and on the East by the West Right -of -Way of the Florida East Coast Railroad. Containing 3,726 square feet, more or less. PARCEL NO. 5 That portion of S.E. 1st Avenue (Jessamine St.) lying between Blocks 8 and 11 of the Plat of Boynton, recorded in Plat Book 1, page 23, of the Public Records of Palm Beach County, Florida, bounded on the West by the East Right -of -Way of N.E. 3RD Street (Palm Street) and on the East by the West Right -of -Way of the Florida East Coast Railroad. CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\BC6ECCA6-9074-43BB-8C89-DE03B6254420\Boynton Beach. 6595.1. ViIlages_at_East _Ocean_ Abandonment - Ordinance.doc Page 476 of 678 Containing 6,441 square feet, more or less IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this day of , 2017. ATTEST: Judith A. Pyle, CMC City Clerk STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) CITY OF BOYNTON BEACH, FLORIDA Lori LaVerriere, City Manager BEFORE ME, the undersigned authority, personally appeared Lori LaVerriere and Judith A. Pyle, CMC, City Manager and City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this day of 2017. NOTARY PUBLIC, State of Florida My Commission Expires: CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\BC6ECCA6-9074-43BB-8C89-DE03B6254420\Boynton Beach. 6595.1. ViIlages_at_East _Ocean_ Abandonment - Ordinance.doc Page 477 of 678 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 17-035 TO: Chair and Members Planning & Development Board THRU: Michael W. Rumpf Planning and Zoning Director FROM: Ed Breese Principal Planner DATE: August 8, 2017 SUBJECT: Request for abandonment of a portion of rights-of-way (ABAN 17-002 through ABAN 17-006) consisting mostly of unimproved streets and alleys between NE/SE V Street and the FEC Railroad, from Boynton Beach Boulevard south to SE 1 st Avenue, in conjunction with request for major site plan modification approval of the Villages at East Ocean mixed use project. NATURE OF REQUEST Bradley Miller, agent for Arthur B. D'Almeida, is requesting to abandon portions of rights-of-way consisting mostly of unimproved streets and alleys between NE/SE 31d Street and the FEC Railroad, from Boynton Beach Boulevard south to SE 1 st Avenue, in conjunction with request for major site plan modification approval of the Villages at East Ocean mixed use project (see Exhibit "A" — Location Map). More specifically, the applicant is requesting to abandon the following segments: • Parcel No.1: The 20 foot wide alley immediately south of Boynton Beach Boulevard, easterly from NE 3,d Street and terminating at the FEC Railroad right-of-way; • Parcel No. 2: The 40 foot wide unimproved right-of-way of NE 1St Avenue, easterly from NE 31d Street and terminating at the FEC Railroad right-of-way; • Parcel No. 3: The 20 foot wide alley immediately north of Ocean Avenue, beginning at the west property line of Lot 8 of Block 5, Plat of Boynton, easterly and terminating at the FEC Railroad right-of-way. This request exempts out that portion of the alley immediately north of Lot 7 of Block 5, containing an existing condominium building and access to the parking adjacent thereto, which are not part of the Villages at East Ocean proposed development project; • Parcel No. 4: The 20 foot wide alley immediately south of Ocean Avenue, easterly from SE 31d Street and terminating at the FEC Railroad right-of-way; • Parcel No. 5: The 40 foot wide improved right-of-way of SE 1 st Avenue, easterly from SE 3,d Street and terminating at the FEC Railroad right-of-way; The rights-of-way to be abandoned would all be completely surrounded within, and redeveloped as part of, the 5.14 -acre mixed use project. Each individual abandonment request has been depicted and described in Exhibit "B" — Legal Descriptions & Sketches. Page 478 of 678 Page 2 Memorandum No. PZ 17-035 ABAN 17-002 through 17-006 BACKGROUND The applicant is requesting to abandon portions of rights-of-way currently surrounded by properties under the developer's control. In order to develop a unified mixed use project extending 3.5 City blocks, from Boynton Beach Boulevard south to SE 1St Avenue, certain rights-of-way require abandoning. This same process was followed during the development of the 500 Ocean mixed use project, which encompassed 2 full City blocks. As noted above, each of the right-of-way segments requested to be abandoned terminate at the FEC Railroad and essentially serve only the traffic needs of the parcels abutting them, which are all under the control of the developer. Existing utilities within these rights-of-way will be relocated at the developer's expense. The applicant has submitted a justification statement for the requests (see Exhibit "C" — Applicant's Justification), which indicates that the rights-of-way are no longer needed for access purposes, as all parcels abutting the segments to be abandoned are under the applicant's control. The justification statement further notes that any utilities and drainage existing in any of the segments are planned to be relocated as part of the redevelopment plan for the site. ANALYSIS Owners of properties within 400 feet of the subject site were mailed a notice of these requests and respective hearing dates. The applicant has certified that they posted signage and mailed notices in accordance with Ordinance No. 04-007. A summary of the responses follows: CITY DEPARTMENTS/DIVISIONS Engineering - No objection w/ provision of necessary easements. Public Works/Utilities - No objection, subject to compliance with all of the conditions of approval noted in the August 7, 2017 memo from Milot Emile, Associate Engineer in Utilities (see Exhibit D). Planning and Zoning - No objection. PUBLIC UTILITY COMPANIES Florida Power and Light - No objection w/ provision of necessary easements and relocation of utilities at developer's cost, if necessary. AT & T - No objection w/ provision of necessary easements and relocation of utilities at developer's cost, if necessary. Florida Public Utilities - No objection w/ provision of necessary easements and relocation of utilities at developer's cost, if necessary. Comcast - No objection w/ provision of necessary easements and relocation of utilities at developer's cost, if necessary. Page 479 of 678 Page 3 Memorandum No. PZ 17-035 ABAN 17-002 through 17-006 RECOMMENDATION Staff has determined that the subject portions of the rights-of-way requested to be abandoned do not adversely impact traffic, do not adversely affect other adjacent property owners, and therefore no longer serve a public purpose, subject to the conditions of approval for the necessary utility relocations/improvements noted by staff during their review. Based on the above analysis, staff recommends APPROVAL of the applicant's request to abandon these portions of the rights-of-way, subject to the attached conditions. Any conditions requested by the Planning and Development Board or required by the Commission will be placed in Exhibit "E" - Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Villages at E. Ocean\ABAN 17-002 through 17-006\Staff Report.doc Page 480 of 678 *:1:11:1 k ra LOCATION MAP Page 481 of 678 ^/ �. Page 483 of 678 Page 483 of 678 1o� _..,.._..__"_m"_ ol 7 _ 20 40 80 S07'48'36-WWEST R^v FLORID 04 S07 -48,36"W ® ______.__________________.... m E LO cL CL _ uj .- 0 co cs co moo, ________ C7 C)E 1nto T F T 1 PAGE 23 �-C:i �f}y 00 E a m mad j� 20` LO w in p a� 6 0g__ 1 *2257"E 126.68' .25' 6# 6T LINE OF LOT 8co, r °�T INCWDED SOCK 5 Sol E22 7" 01' '7" 01 *2257"E 1W 04 .3rd STREET 601 *22'57"F 0 c ® (PAL STREET P. a1 PW 14 0 04 WEST R/W 04 04 LOT 1 Page 484 of 678 AB13SEM UMN—S (P) - DISTANCE PER PLAT BOOK 1 'PAGE 23 0 20 40 80 P.B. - PLAT BOOK CENTERLINE R/W - RIGHT-OF-WAY SCALE: 1' =40 - SF - SQUARE FEET 1003- FLORIDA ETC COAS-TRAILWAy (�' 13- _1P G. S07 -48'36-W R /W FLORIDA EASTCOAST RAI 0 6 LROAD S07 -4836-W 7• _j _j z In 0 0 40.40 _j W % W 04 In S07 -4,8'36-W - - - - - - - - - - - - - - - – – – – – d z in CL 0) w n _j 0 - Ln 0 0 r4 U-5 0 _j Cq W W6 a w – – – – – _-, – 04 CL ------.. – – Y !e to w to I .-- — U') CL w z n M 0) M W w w PLAT OF BOYNTON W W, *" z z < ui P.B. 1 PAGE 23 f5 :- m 2 00 Ito m 0) w- Uj cr) z Uj :2 z t4 U5 to Uj C14 0 b' 0 (D CD 0 _j 20 20 Lr) Ln U-,) _j 20 S01 *2257"E 126.69 400 S01 *2257"E S01*22'57"E_ EAST R/W C14 N.E.3rd STREET S01 -22-57-E S01 *2257"E (PALM STREET - P -B.1 PG.23) 0 C-4 C-4 C14 WEST R/W LOT 16 LOT 1 LOT 1 LBLOCK 9 BLOCK, 10 BOCK 9 i E—Mail: info@brown—phillips.com i 1 : VILLAGES OF EAST OCEAN AVENUE (PBROWN & PHILLIPS, INC. (This sketch is not a survey) PROFESSIONAL SURVEYING SERVICES PROJ. No. 15-065 CERTIFICATE OF AUTHORIZATION # LB 6473 1860 OLD OKEECHOBEE ROAD., SUITE 509, SKETCH TO ACCOMPANY WEST PALM BEACH, FLORIDA 33409 LEGAL DESCRIPTION TELEPHONE (561)-615-3988, 615-3991 FAX R/W ABANDONMENT Page 485 of 678 508 E. Boynton Beach Blvd. Boynton Beach, FL 33435 Phone (561)736-8838 Fox (561)736-8079 Web in milleflandplanning.corn THE VILLAGES AT EAST OCEAN AVENUE Original: March 1, 2017 Revisions: June 19, 2017 Overall Project Summary Review Criteria. The vacation and abandonment of a right-of-way, special purpose easement, or other a. Access, Does the subject land provide a legal means of access to a lot of record, subdivision, or development? Would the vacation and abandonment cause or result in a permanent stoppage, interruption, or an unacceptable level of service for the subject lot or on neighboring lots, subdivisions, or developments with respect to police, fire, or other emergency services; or solid waste removal? Page 486 of 678 . . .. .... .. ..... . MILLER LAND ""I" PLANNING, INC. 508 E. Boynton Beach Blvd. Boynton Beach, FL 33435 Phone (561)736-8838 Fox (561)736-8079 Web in milleflandplanning.corn THE VILLAGES AT EAST OCEAN AVENUE Original: March 1, 2017 Revisions: June 19, 2017 Overall Project Summary Review Criteria. The vacation and abandonment of a right-of-way, special purpose easement, or other a. Access, Does the subject land provide a legal means of access to a lot of record, subdivision, or development? Would the vacation and abandonment cause or result in a permanent stoppage, interruption, or an unacceptable level of service for the subject lot or on neighboring lots, subdivisions, or developments with respect to police, fire, or other emergency services; or solid waste removal? Page 486 of 678 Boynton ach, Florida 3 35 Office: (561) 742-6400 Fax: (561) 742-6298 RE: Review of "The Villages at East Ocean" Request to abandon Water & Sanitary Sewer maiI s within the development area fti! ;. - Right-of-way Abandonment S I IM fol MARWAS *14K JIUM111101AM I '6=0fl—b-TITIFT-arT. 11 MORE p7lilperacs Uc JAMET ME UMILF1911 loot In 19711101- 113 L110 TUT0111 "01 11 11 f"M-CT-iff objection on removing the existing 8 -inch sewer main and services located wn the 20 feet wide alley north of NE I" Avenue. The developer/or owner shall completely remove the upstream manhole, Mpose and remove the entire length of P-i9eline up to the downstream manho—le located on NE 3d Street, unless otherwise noted. The pipe penetration at the downstream manhole shall be plugged. This downstream manhole is particularly susceptible to structural degradation and shall be rehabilitated, as specified in our construction standard and specifications. 2. Right-of-way Abandomnel VE I't Avenue the NE I't Avenue right of way. The developer/or owner shall completely remove the upstream (offsite) manhole, expose and remove the entire length of pipeline up to the downstream manhole, unless otherwise noted. The pipe penetration at the downstream manhole shall be plugged. This downstream manhole is particularly susceptible to structural degradation and shall be rehabilitated, as specified in our construction standard and specifications. 3. Right-of-way Abandom-nent Alley South of NE I't Avenue Boynton Beach OWN M-M77991"i 1 the 20 feet wide alley south of NE Pt. The remaining of 8 -inch sewer main will require a 20 -foot wide utility easement if the entire City alley is to be abandoned. The developer/or owner shall completely remove the upstream manhole, expose and remove the section of pipeline where they mtend to construct a new manhole. It has yet to be determined if the remaining existing pipeline wil. Page 487 of 678 44 structural degradation and shall be rehabilitated, as specified in our construction standard and specifications. Line stops shall be used in place of plugs for the existing 4 -inch water main. The water main shall be abandoned between the east and west limits of the property and the pipeline shall be completely removed. Boynton Beach Utilities will limit the tapping of our 24 -inch water main on NE Yd Street; therefore, the existing two-story building needs to be fed from other service lines. 4. Right-of-way Abandonment Alley South of E. Ocean Blvd Boynton Beach expose and remove the sewer pipeline up to the downstream manhole on SE P Street, unless otherwise noted. The pipe penetration at the downstream manhole shall be plugged. The existing downstream manhole is particularly susceptible to structural degradation and shall be rehabilitated, Rs specified in our construction standard and specifications. The existing 8 -inch water main is asbestos cement pipe (AC) and shall be replaced at the developer/or owner cost. As we specified in the Dart Comments, "Two independent sources of water, as well as a looped system, must be provided during all phases of construction - No Exceptions Taken." To loop the system, Boynton Beach Utilities will work with the applicant during permitting of the underground work to detennine the best place to make the connection. ql YVr71Y(XY'dffq__s,"#_, U011-11cuff,941 �jlldll 111111'T1�9,C; LJJat7-+10'M.L(#P'0J/I9Ir t#)'JT_nQE SIR111 11,9111LA-MI, Jr -AM S_i 'OF its acts perform within or abutting said easements if any loss or damage is caused to abutting property. ,m## 1 MIMMIGHIMMM - a 1121MM Wo ___ T; C TV111 rUJUrC W1 UISCHIGHL-111i MIS TIL11 da:7��Pv!r .# #- Vi Ullit the developer/owner. Notes: All on-site remaining manholes and sewer mains, as well as manholes and sewer mains NE/SE P street, along the project's property line, shall be rehabilitated, as specified in our construction standard and specifications. I Please let me know if need any additional information. Sincerely, 2 Page 488 of 678 Milot Emile, E.I. Associate Ene ineer Page 489 of 678 EXHIBIT "E" CONDITIONS OF APPROVAL Project Name: Villages at East Ocean File number: ABAN 17-002 through 17-006 Reference: 41h review plans identified as a Maior Site Plan Modification with a July 14, 2017 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: 1. Relocation of utilities, utility improvements and dedication of new utility easements as specified in the City's Utility Department's memo of August 7, 2017 (Exhibit "D") shall be performed at the developer's expense prior to the issuance of a building permit. X FIRE Comments: None. POLICE Comments: None. BUILDING DIVISION Comments: None. PARKS AND RECREATION Comments: None. PLANNING AND ZONING Comments: 2. Any conditions of approval from the various utility companies requiring new or revised easements and developer relocation of their facilities will be required to be addressed prior to issuance of a building permit. X 3. Approval is subject to approval of the concurrent applications for Rezoning, Major Site Plan Modification and Community Design Appeals. X Page 490 of 678 Villages at East Ocean (ABAN 17-002 through 17-006) Conditions of Approval Paae 2 of 2 DEPARTMENTS INCLUDE REJECT COMMUNITY REDEVELOPMENT AGENCY Comments: None. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None. CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Villages at E. Ocean\AbandonmentSWBAN 17-002 through 17-006\COA.doc Page 491 of 678 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Villages at East Ocean (ABAN 17-002 through 17-006) APPLICANT: Bradley Miller, Miller Land Planning, Inc. APPLICANT'S ADDRESS: 508 E. Boynton Beach Blvd., Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 19, 2017 APPROVAL SOUGHT: Request for abandonment of a portions of rights-of-way (ABAN 17-002 through ABAN 17-006) consisting mostly of unimproved streets and alleys between NE/SE 3 d Street and the FEC Railroad, from Boynton Beach Boulevard south to SE 1St Avenue, in conjunction with request for major site plan modification approval of the Villages at East Ocean mixed use project. LOCATION OF PROPERTY: 405 E. Ocean Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant _ HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby _ GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Villages at E. OceanWbandonmentSWBAN 17-002 through 17-006\DO.doc Page 492 of 678 I PUBLIC HEARING 9/19/2017 REQUESTED ACTION BY COMMISSION: Approve The Villages at East Ocean Avenue - North Major Site Plan Modification (MSPM 17-003) request for a mixed-use development consisting of an eight (8) -story building with 336 dwelling units, commercial space, and associated recreational amenities and parking on a 3.379 acre site. Applicant: Arthur D'Almeida. (TABLED to September 19, 2017 to correspond with 2nd reading of the Land Use Amendment application.) EXPLANATION OF REQUEST: The Villages at East Ocean Avenue is a proposed mixed use development on 5.14 acres split into two different master plans with Ocean Avenue being the dividing line —the south portion extends from Ocean Avenue to the alley south of SE 1st Avenue, while the north part covers the area from Ocean Avenue north to Boynton Beach Boulevard. Mr. Bradley Miller, agent for the owner, is requesting approval of several concurrent applications for the development of The Villages at East Ocean Avenue project (See the respective staff reports). The requests include two (2) Future Land Use Map Amendments and Rezonings, two (2) Major Site Plan Modifications, and a series of Right -Of -Way Abandonments. This request is for a Major Site Plan Modification for the north parcel for approval to construct an 8 -story, mixed-use development consisting of 336 multi -family residential units, 12,257 square feet of commercial space and a supporting parking garage with 644 parking spaces. The Planning and Development Board recommended approval of the subject request on August 22, 2017. The Board added a comment to the Conditions of Approval requesting that the applicant and staff review the commercial space proposed along Boynton Beach Boulevard to consider the possibility of live -work units in its place. However, live -work uses at this location would be in conflict with the LDR which requires the first floor of a mixed-use project to contain commercial space where there is frontage along an arterial road and Ocean Avenue. Furthermore, the CRA Plan recommends that "active commercial uses are required" on certain street frontages. Staff recognizes that not all locations are equally viable for commercial uses, limiting such locations to those roads with higher traffic volumes or planned pedestrian activity. Therefore, Boynton Beach Boulevard and Ocean Avenue are targeted for commercial uses that "activate the street" and contribute to the commercial space needed to serve the budding Downtown District and serve the additional residential units being built. Live -work units have been proposed, and supported by staff, along SE 3rd Street. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: If approved and developed, the project would increase application and processing revenues and ultimately, the City's tax base. ALTERNATIVES: None recommended STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A Page 493 of 678 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? No Grant Amount: ATTACHMENTS: Type D Staff Report D Location Map D Drawings D Conditions of Approval D Development Order Description Staff Report Exhibit A ® Location Map Exhibit B ® Project Plans Exhibit C ® Conditions of Approval Development Order Page 494 of 678 a I MEMORANDUMO STAFF REPORT TO: Chair and Members Planning and Develop nt Board THRU: Michael W. Rumpf�� Director of Planning and Zoning FROM: Amanda Bassiely Senior Planner — rban Designer DATE: August 11, 2017 PROJECT NAME: The Villages at East Ocean Avenue - North (MSPM 17-003) REQUEST: Major Site Plan Modification approval for a mixed-use development consisting an eight (8) -story building with 336 dwelling units, commercial space, and associated recreational amenities and parking on a 3.379 acre site. Property Owner: 206 Boynton LLC, Boynton Beach Property Holdings LLC, 416 Boynton LLC, 422 Boynton LLC, First Avenue Boynton LLC, East Ocean Avenue LLC Applicant: Aurther B. D'Almeida, Managing Member Agent: Bradley D. Miller, Miller Land Planning Location: South side of Boynton Beach Boulevard to Ocean Avenue between the F.E.C. Railroad and NE 3rd Street (see Exhibit "A" - Site Location Map). Existing Land Use: LRC (Local Retail Commercial) Proposed Land Use: MXH (Mixed Use High) Existing Zoning: C-2 (Neighborhood Commercial) and C-3 (Community Commercial) Proposed Use: rTiixed use development with 336 dwelling units, commercial space, recreational amenities, parking, and other related site improvments. Page 495 of 678 The Villages at East Ocean Avuene Staff Report (MSPM 17-003) Memorandum No PZ 17-043 Page 2 Adjacent Uses: North: Right-of-way for Boynton Beach Boulevard and farther north is developed commerical properties with a Land Use designation of Local Retial Commercial (LRC) and zoning designation of Community Commercial (C-3); South: Right-of-way for East Ocean Avenue and farther south is the planned site of the southern portion of the subject project, Villages at East Ocean – South, with a propsed Land Use classification of Mixed Use Medium (MXM) and a zoning designation of MU -2 (Mixed Use 2); East: Right-of-way for the Florida East Coast (FEC) Railroad and NE 4th Street and father east are developed commerical properties with a Land Use classification of Mixed Use (pending reclassfication to MXH) and zoning designation of CBD (Central Business District); and West: Right-of-way for NE 3rd Street and farther west are developed commerical and multi -family properties with a Land Use classification of High Density Residential (HDR) and a zoning designation of C-3 (Community Commerial) and R-3 (Multi -Family) PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject request were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007. BACKGROUND Proposal: The Villages of East Ocean Avenue is a proposed mixed use development on 5.14 acres split into two different master plans with Ocean Avenue being the dividing line —the south portion extends from the Ocean Avenue to the alley south of SE 1st Avenue, while the north part covers the area from Ocean Avenue to Boynton Beach Boulevard. Mr. Bradley Miller, agent for the owner, is requesting approval of several concurrent applications for the development of The Villages at East Ocean Avenue project. (See the respective staff reports). The requests include two (2) Future Land Use Amendments and Rezonings, two (2) Major Site Plan Modifications, and a series of Right -Of -Way Abandonments. This request is for a Major Site Plan Modification for the north parcel for approval to construct an 8 -story, mixed-use development consisiting of 336 multi -family residential units, 12,257 square feet of commercial space and a supporting parking garage with 644 parking spaces. 2 Page 496 of 678 The Villages at East Ocean Avuene Staff Report (MSPM 17-003) Memorandum No PZ 17-043 Page 3 Traffic: A traffic study was sent to the Palm Beach County Traffic Division for review. The project is located within the boundaries of the City of Boynton Beach TCEA (Traffic Concurrency Exception Area) and therefore meets the Palm Beach County Traffic Performance Standards. The entire project (both the north and south parecels) generate 1,635 new daily trips with 192 AM peak trips and 130 PM peak trips. School: The School District of Palm Beach County has confirmed that area schools have adequate capacity to accommodate the potential public school students who will reside in the proposed dwelling units with their families. Utilities: The City's water capacity, as increased through the purchase of up to five (5) million gallons of potable water per day from Palm Beach County Utilities, would meet the projected potable water demand for this project. Sufficient sanitary sewer and wastewater treatment capacity is also currently available to serve the project. The applicant will be making several upgrades to utility lines in the vicinity of the project as part of the site development. Police/Fire: The Police Department has reviewed the site plan and all review comments have been acknowledged by the applicant and will be addressed at the time of permitting. The Fire Department notes that they will be able to provide an adequate level of service for this project with current or expected infrastructure and/or staffing levels. Further plan review by Police and Fire will occur during the building permit process. Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. Access: The property's main vehicular access point is on NE 3rd Street. This access leads directly into the garage which serves the development. Sidewalks are provided along the street rights-of-way. The sidewalks proposed are a minimum of eight (8) feet in width and are lined with street trees for shade. The sidewalks along Ocean Avenue and Boynton Beach Boulevard also abut an active area that may be used for outdoor dinning and commercial uses. There is limited pedestrian access from Boynton Beach Boulevard into private amenities for the residences. There are three (3) separate plazas proposed to encourage pedestrian interaction, with the first located at the center of the Ocean Avenue frontage. A second plaza is proposed on NE 3rd Street at the main entrance of the residential building and the third on Boynton Beach Boulevard at the entry of the amenites area. The project also proposes a publicly accessible greenway along the eastern property line. The greenway connects Boynton Beach Boulevard to Ocean Aveue. 3 Page 497 of 678 The Villages at East Ocean Avuene Staff Report (MSPM 17-003) Memorandum No PZ 17-043 Page 4 Parking: Off-street parking for the MU -C zoning district requires 1.33 parking spaces for one -bedroom units and 1.66 parking spaces for two (2) or more bedroom units. The project proposes 336 units (a mixture of one and two bedrooms), which would require 513 parking spaces. Additionally, the code requires the provision of guest parking at a rate of 0.15 spaces per unit, which adds another 51 parking spaces to the total. The commercial space, which would allow a mix of retail, office and restaurant uses, requires one (1) parking space per 200 square feet of gross floor area. The site plan proposes 12,257 square feet of retail, thereby requiring an additional 84 parking spaces. Under this standard methodology for calculating required off-street parking spaces, a grand total of 648 parking spaces would be required. Per Chapter 4, Article V, Sec.3,(A), a 5% reduction of non-residential space may be applied, reducing the total number of required parking space to 643. The site plan proposes 644 parking spaces, an excess of 1 space. Regular parking space dimensions would conform to code requirements for the CRA of 9 feet by 18 feet for 90 degree parking and 9 feet by 25 feet for parallel spaces. The thirteen (13) handicap spaces would be dimensioned 12 feet in width by 18 feet long. The applicant is proposing a seven (7) -story parking garage that would accommodate up to 625 vehicles. A resident gate would be placed in the garage with a turnaround space for non-residents. The developer will be required to comply with the City's residential parking requirements to ensure that the designated resident parking spaces are reserved for, and made available to the residents, so that there is no reason for residents to utilize guest and retail parking spaces. This requirement shall be monitored and enforced by the developer. There are an additional 19 on -street parking spaces; six (6) on Ocean Avenue; ten (10) on NE 3rd Street; and three (3) on Boynton Beach Boulevard. Landscaping: The Plant List (Sheets L3 & L4) indicates that the project would add a total of 119 canopy and palm trees, 1,946 accent and shrub specimens, and 4,851 small shrubs/groundcover plants. All plant materials to be used in the landscape design are required to be Florida number one grade and must be identified as having "low" or "medium" watering needs in the South Florida Water Management's "Waterwise" publication. The proposed tree species would include the following: Cathedral Live Oak, Crape Myrtle, Green Buttonwoon, Foxtail Palms, Silver Date Palms, and Canary Island Date Palms along with a variety of other tree types. Projects proposed in the Mixed Use Core (MU -C) zoning district are subject to the "Streetscape Design" portion of the landscape code regulations. These code provisions recognize the desire for reduced building setbacks, thus creating an urban setting. The purpose of the "Streetscape Design" concept is to create a landscape design that encompasses both the private and public domain, to blend the two areas into one unified landscape scheme and optimize the pedestrian experience. This is accomplished through hardscape and landscape choices, covered walkways (arcades, awnings, tree canopy), and streetscape amenities (benches/seatwalls, lighting, accent 4 Page 498 of 678 The Villages at East Ocean Avuene Staff Report (MSPM 17-003) Memorandum No PZ 17-043 Page 5 lighting, accent plantings). The landscape design proposed by the applicant depicts the use of street trees and covered arcades to create the streetscape theme, with the lower landscape material placed at points along the building foundation and between the street and sidewalk, in an effort to provide maximum clear pedestrian pathways. Building and Site: The proposed site area totals 3.377 acres. The dwelling units are located above the retail spaces fronting Boynton Beach Boulavard and Ocean Avenue, wrapping the ground floor amenity deck, and wrapping a parking garage. The retail portion of the project totals 12,537 square feet and fronts the main roadways and the public plaza. As noted previously, the parking garage has seven (7) levels of parking, with dedicated resident parking. Of the 336 residential units, three are loft, seven are studio, 135 are one (1) bedroom, 181 are two (2) bedroom, and 10 are (3) bedroom units. The units range in size from 693 square feet to 1,530 square feet. Each unit also has a balcony or terrace that either faces out towards the street or in towards the courtyard. Relative to the floor area ratio (FAR) regulations within the code, the Mixed Use Core (MU -C) zoning district has a maximum FAR of 4.0. The project is also located within the "Transit Core" (1/4 mile radius of the planned station), which requires that new development have a minimum density of 40 dwelling units per acre (99.5 du/ac proposed) and a minumum FAR of 2.0 (2.92 proposed). Building Height: Overall, the building design has the most intensity along the frontage of Boynton Beach Boulevard, decreasing in intensity as the project approaches Ocean Avenue. The maximum building height allowed in the MUC (Mixed Use Core) zoning district is 150 feet. The proposed building elevations depict the typical roof deck height of the mixed-use building at ninty (90) feet, with an overal height of approximitly ninety-five (95). Along Ocean Avenue, the building height is reduced in height to approxmitly thirty-five feet (35), per the CRA plan. Setbacks: The MU -C zoning district requires no building setbacks, but rather a zero (0) build -to line. However, the CRA plan recommends the building be setback to allow for an enhanced public realm that includes street trees, sidewalks, plazas, and active areas such as outdoor seating and retail uses. The building setback is measured from the property line to the exterior surface of the building or supporting columns. Along Boynton Beach Boulevard, the proposed building setback along the length of the building is between eight feet and twenty-seven feet. Along NE 3rd Street, the building setback is approximately 16 feet except for the areas of the plaza / building entry, which is setback to approximately 57 feet. The building along Ocean Avenue has a setback of approximately 15 feet and includes a courtyard area where the setback is 31 feet from the property line. The eastern property line abuts the FEC Railroad right-of-way where the setback varies between 13 feet and 18 feet. 5 Page 499 of 678 The Villages at East Ocean Avuene Staff Report (MSPM 17-003) Memorandum No PZ 17-043 Page 6 Amenities: As noted above, there are three (3) separate plazas proposed to encourage pedestrian interaction, with the first located at the center of the Ocean Avenue frontage. A second plaza is proposed on NE 3rd Street at the main entrance of the residential building and the third on Boynton Beach Boulavard at the entry of the amenities area. The plazas are connected with pedestrian zones that front along the rights -or -way. The pedestrian zones include a street tree area, sidewalks, active areas and covered walkways. The project also proposes a publicly accessible greenway along the eastern property line. The project has been designed with a large interior courtyard for resident use, containing the community pool, spa, outdoor dining areas, and lush tropical landscaping. The amenities located within the building include a clubhouse, fitness center, and secured bike storage. The developer will also be working with Palm Tran of Palm Beach County to relocate and create a new transit shelter, designed utilizing some of the architectural characteristics of the mixed use project. Design: The intended architectural style for the project is "Coastal Village", which is a variation of Florida Vernacular Architecture. This architectural style fosters a sense of place and identity for the district. The Coastal Village architectural style blends tropical motifs such as climate -sensitive roof forms with contemporary design elements such as vertical orientation, sparsely used ornamentation, vertically-oriented windows, and materials such as concrete and steel structural frames, standing seam metal roofs and use of colors. The project materials and finishes are consistent with this architectural style. The mixed-use projects are designed to create a pedestrian -friendly environment by placing the buildings along pedestrian zones and articulating the building mass avoiding a repetitive, continuous, monotonous building block. The building mass fronting SE 3rd Street on both the north and south parcels is articulated and scaled down as one moves from north to south. This approach maintains the highest building mass and density closer to Boynton beach Boulevard and a lower scale on both sides of Ocean Avenue, terminating with a small townhouse building at the south end. The buildings facing Boynton Beach Boulevard are stepped back ten feet at a height of 45 feet in order to move the mass of the building farther from the pedestrian environment. Lighting: The photometric plans (Sheets PH -1 & PH -2) include 32 freestanding pole light fixtures, with pole height ranging from 12 feet to a maximim of 15 feet. The poles are designed to match the poles and light fixture already approved along the Casa Costa, 500 Ocean and Boynton Promenade projects. The poles and fixtures would be constructed of cast aluminum, black in color and the light fixtures would have a flat lens to ensure the on-site illumination would not "spill over" onto adjacent properties and rights-of-way as required by code. There are no spot readings in excess of the maximum 5.9 foot- candles allowed. Also proposed are a series of pedestian-scale, lit bollards. Signage: Locations have been identified to ensure proper wayfinding for public 0 Page 500 of 678 The Villages at East Ocean Avuene Staff Report (MSPM 17-003) Memorandum No PZ 17-043 Page 7 parking. Site and building signage have not been finalized and a Sign Program must be approved prior to requesting any sign permits for the site (see Exhibit "C" — Conditions of Approval). Public Art: The project is subject to the Art in Public Places requirement, and the applicant has been in discussions with the Public Arts Administrator regarding the art and its placement. The project proposes Public Art throughout the site including utilizing the building walls, site fountains, public courtyards and walkways. RECOMMENDATION Staff has reviewed this request for a Major Site Plan Modification and recommends APPROVAL, subject to approval of the accompanying applications and satisfying all comments indicated in Exhibit "C" — Conditions of Approval. Any additional conditions recommended by the Board or required by the City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Villages at East Ocean\Villages North (MSPM 17-003)\StaffReport\Staff Report - MSPM 17- 003.doc 7 Page 501 of 678 *:1:11:1 k &I LOCATION MAP Page 502 of 678 Z J LU O m co X LU MICC -1d HOV99 NOlMOS g g _ mN3AV NV3OCG M7 3 -lDOHVd H1HON - - P �mNgAV P Q '3-w >, NVDOO 1SV3 1V SD!DV-nlA DHl - ogo - goo J A,- $x (n N (O -zg o W O N I I L—— ----- _— L —L_ & a z — I.I 59 I I � ---f `- I I I y I I , I 3AV NV 3 — I I - I I ? 5 I - - I I , - I s v c e a I II - I � fl�i , w, I, I CL i I ,I n wa 1� �e We HOV39 NO1NA09 tom, x w i li co ,.,.noon_ ono 8 .....co men - S N v t S o O '0 V ! LL O '0 V ! LL -1d HOV99 NOIMOS gnN3AV NV9099 SOb T T -lDOHVd H1HON - T �mNgAV 3-w NVD00 1SV3 1V SDOV- A DHl P Q co ti O 4- 0 O LO N O1 Am ■ III IN Miamilommm Rl -WRAV Wmi��UA 901P -1901AVC1 HiHON . . . anN30 . ..... .... ... ... ... .. ... ... ... ... .... ... ... ... ... .. ... ... OrM NV900 ISV9 IV SgOV71L& AH -L 0 0 A oll 0, a Nil ,11 0, co (C) 4- 0 (C) woo, a 0 LO z rA 11 NO OFF Ill 0 a a FA Miamilommm Rl Q s s f ea da ea da ee ea �� da yy R G u 9 — n I � - Q�QQQQ m � g U Z W �. s tl•tl 4a��5M ~ p _aF e '-;s;g,•a ,gNT:z s £ 99,E :� � $gFm�an. Ev, 8ia:.��` �➢ '�Qe m R 8 - � �l i�O' �1�/ �� co ti 4-- 0 I- 0 LO 0) m 0— s s yy R G — n I � uNu Q�QQQQ m co ti 4-- 0 I- 0 LO 0) m 0— s s yy R G co ti 4-- 0 I- 0 LO 0) m 0— I � ' I I I I I —. \ i 1= I i m✓ V =-,=I IN('J=INhulc� :� >� coU a= I ¢ � YL . I � S I a®aaa I Lrl— co o I NC 4- 0 I I A A o � LtlLL 6 0 0 t I i I II I } I I lu I I m S, —. \ i 1= I i m✓ V =-,=I IN('J=INhulc� :� E o� >� coU a= ¢ � YL . O � � n an o a®aaa 0 o Lrl— co o a NC 4- 0 co co o � LO 6 0 0 E o� >� coU a= ¢ � co � n o- n co > Lrl— co o (C) NC 4- 0 co 0 o � LO 6 0 0 ro � n B o � D �_0 6 0 0 YI m S, Nx� Q4 m u�u JQ m – d z d Q z z° z°mz EXHIBIT "C" Conditions of Approval Project Name: Villages at East Ocean (North) File number: MSPM 17-003 Reference: 4th review of plans identified as a Maior Site Plan Modification with a July 14, 2017 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: 1. Civil plans, including drainage calculations, in accordance with the X 2010 LDR, Chapter 4, Article VIII, Section 3.G. will be required at the time of permitting. 2. Coordinate with Stormwater Utilities to ensure that the consultant X models the stormwater discharge to the ultimate outfall. 3. Prior to permit application, please contact the Public Works X Department (561-742-6200) regarding the removal of refuse during the construction phase per the CODE, Section 10-26 (a). 4. Section 26-34(A) of the code mandates the payment of water X and/or sewer capital facilities charges when a project is to receive services from the city's systems, and as an option, a capacity reservation fee may be obtained at an additional cost and will only be valid for a period of one (1) year after the fee has been paid. Capacity reservation fees shall be paid upon the request for the Utilities Department's signature on the Health Department application forms or within seven (7) days of site plan approval, whichever occurs first. All fees will be determined based on the final meter size(s), or expected demand. 5. The existing drainage infrastructure to remain within the project X limits and along the project frontage shall be Tele -inspected before and after construction. Prior to the post construction tele - inspection, the same lines shall be cleaned. 6. Please provide an Addressing Plan, prior to permit issuance. X 7. Provide irrigation plans with the landscape plan, prior to permit X issuance. 8. Applicant shall work with the Utilities Department to determine the X project wastewater flow discharge, which will be entered into the Page 509 of 678 Villages at East Ocean (North) MSPM 17-003 4th Review Comments Paae 2 of 4 DEPARTMENTS INCLUDE REJECT City's hydraulic model to determine if a lift station is required. 9. Please address storm water treatment for first inch of rainfall, as well as conception detail and conveyance. Please note SFWMD requirements may be more restrictive. Calculations for exfiltration shall be submitted at time of permitting. X 10. The attendance at a mandatory Pre -Construction Conference is required prior to the start of any utilities work on site. X FIRE Comments: None. All previous comments addressed at DART Meeting. POLICE Comments: None. All previous comments addressed at DART Meeting. BUILDING DIVISION Comments: Building comments will be addressed at time of permitting. PARKS AND RECREATION Comments: 11. Per City Ordinance, the Park Impact Fee for the North Parcel is $199,920 (336 apartments X $595.00). X PLANNING AND ZONING Page 510 of 678 Villages at East Ocean (North) MSPM 17-003 4th Review Comments Paae 3 of 4 DEPARTMENTS INCLUDE REJECT Comments: 12. Sheet AS100 has the incorrect boundary for the project area X proposed to be rezoned. Please revise boundary to exclude properties not owned by the applicant. 13. Sheet AS1.10 data Sheet AS1.10 data is incomplete. Please add X FAR calculations and revise parking calculations to accurately reflect the plan. 14. In order to promote interconnectivity, as required per code, to X support the 5% parking reduction for the non-residential uses, the applicant shall remove any fencing and gates at the north and south termination of the pedestrian path adjacent to the railroad, in order to allow free public access from Ocean Ave to Boynton Beach Blvd along the east side of the project and to the public space noted on the plans. 15. Please provide a detail drawing of the design of the bus shelter, X matching the architectural design, materials and colors of the building. 16. Please depict the access points from the garage to the retail X spaces. Enhance public access points so they are clearly discernable for the public. 17. Revise elevations to consistently match the submitted color chip, X "Adventure Orange". 18. Please provide calculations and dimensions of ground floor X building facades which indicate that 50% (all mixed use buildings) and 30% (for all residential buildings) of the area is occupied by transparent windows or door openings. Note that the maximum sill height of 2' and minimum head height of 6'8" is required. 19. Please provide details of any proposed building signs. A Sign X Program will be required for the project. No sign permits will be issued until the program is approved. 20. All applicable drawings should depict the improvements within the X right-of-way along the west side of the abutting condominium building, including roadway, sidewalk, light poles, landscaping, etc., in order to continue the proposed streetscape design from Page 511 of 678 Villages at East Ocean (North) MSPM 17-003 4th Review Comments Paae 4 of 4 DEPARTMENTS INCLUDE REJECT Boynton Beach Boulevard south to Ocean Avenue. 21. Any approvals are subject to the approval of the associated right- X of -way abandonment applications. HISTORIC PRESERVATION Comments: Comments have been acknowledged and will be addressed during site construction. COMMUNITY REDEVELOPMENT AGENCY Comments: 22. Clearly identify the location of the required parking spaces X associated with the proposed retail/restaurant and guests. Sheets AS 1.10 parking table, AS 1.11 and A1.01. 23. As part of the applicant's design and construction of the NE 3rd X Street r -o -w improvements, continue the pedestrian improvements all the way to the corner of NE 3rd Street and E. Ocean Avenue. Sheets AS1.11 and A1.01. 24. Overhead utilities must be undergrounded. An easement may X need to be retained in order to continue the undergrounding of utilities along 3rd Street to continue south of Ocean Ave. PLANNING & DEVELOPMENT BOARD CONDITIONS 25. The applicant and staff shall discuss the possibility of live/work X units as an option for the commercial space along Boynton Beach Boulevard. CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Villages at East Ocean\Villages North (MSPM 17-003)\StaffReport\ExhibitC_COA - P&D.doc Page 512 of 678 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Villages at East Ocean- North (MSPM17-003) APPLICANT: Arthur B. D'Almeida APPLICANT'S ADDRESS: 105 East Palmetto Park Road, Boca Raton, FL, 33432 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 19, 2017 APPROVAL SOUGHT: Request for a Major Site Plan Modification approval for a mixed-use development consisting of 336 dwelling units, commercial space, and associated recreational amenities and parking on a 3.379 acre site. LOCATION OF PROPERTY: South side of Boynton Beach Boulevard to Ocean Avenue between the F.E.C. Railroad and NE 3 d Street DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant _ HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby _ GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Villages at East Ocean\Villages North (MSPM 17-003)\StaffReport\MSPM17-003_ DO.doc Page 513 of 678 9.E. PUBLIC HEARING 9/19/2017 REQUESTED ACTION BY COMMISSION: (1) PROPOSED ORDINANCE NO: 17-027 - SECOND READING - PUBLIC HEARING - Approve The Villages at East Ocean - South Future Land Use Map Amendment (LUAR 17-003) from Local Retail Commercial (LRC) to Mixed Use Medium (MXM). Applicant: Arthur B. D'Almeida (2) PROPOSED ORDINANCE NO: 17-028 - SECOND READING - Approve The Villages at East Ocean - South Rezoning (LUAR 17-003) from C-2 Neighborhood Commercial to MU -2, Mixed Use 2 District with a proposed site plan for 35 multi -family units and 3,500 square feet of commercial space. Applicant: Arthur B. D'Almeida EXPLANATION OF REQUEST: The proposed Villages at East Ocean Avenue is a mixed use development on 5.14 acres which extend between the FEC Railroad to the east and 3rd Street on the west, with Ocean Avenue beeing a dividing line between the project's North and South components. The North component covers the area north of Ocean Avenue to Boynton Beach Boulevard, while the South part of the development extends from Ocean Avenue to the alley south of SE 1St Avenue. The Future Land Use Map amendments, rezonings and site plans for the North and South sections are processed concurrently (see the respective staff reports). The subject request pertains to the South section of the Villages project. The property consist of 7 parcels, currently developed with commercial and single-family uses. This section is proposed to be redeveloped under the Mixed Use Medium (MXM) future land use category and Mixed Use 2 zoning. The request, if approved, would implement the CRA Plan's future land use recommendation for the area. The Planning & Development Board reviewed this item on August 22, 2017 and forwards it with a recommendation for approval. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The project will not require capacity adjustment to the City services. FISCAL IMPACT: If approved and developed, the project would encourage development and at higher densities which would increase application and processing revenues and ultimately, the City's tax base. ALTERNATIVES: Staff does not recommend any alternatives. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: NA Page 514 of 678 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: NA Is this a grant? No Grant Amount: ATTACHMENTS: Type D Staff Report D Location Map D Exhibit D Exhibit D Exhibit Description Ordinance appro\Ang Villages at East Ocean Avenue South land use amendments Ordinance appro\Ang Villages at East Ocean Avenue ® South rezoning Staff Report ExhibitA. Location Map Exhibit B. Villages proposed FLU Exhibit C. Villages proposed zining Exhibit D. CRA FLU recommendations Page 515 of 678 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 ORDINANCE NO. 17 - 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 PROPERTY COMMONLY KNOWN AS THE VILLAGES AT EAST OCEAN AVENUE - SOUTH AND DESCRIBED HEREIN, OWNED BY ARTHUR B. D'ALMEIDA; CHANGING THE LAND USE DESIGNATION FROM LOCAL RETAIL COMMERCIAL (LRG) TO MIXED USE MEDIUM (MXM); 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 Future Land Use Element (designation) of the Comprehensive Plan as hereinafter 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 described in Exhibit "A" is Page 516 of 678 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 amended from Local Retail Commercial (LRC) to: MIXED USE MEDIUM (MXM). Section 3 : This Ordinance shall take effect on adoption, subject to the review, challenge, or appeal provisions provided by the Florida Local Government Comprehensive Planning and Land Development Regulation Act. No party shall be vested of any right by virtue of the adoption of this Ordinance until all statutory required review is complete and all legal challenges, including appeals, are exhausted. In the event that the effective date is established by state law or special act, the provisions of state act shall control. FIRST READING this day of , 2017. SECOND, FINAL READING and PASSAGE this day of , 2017. CITY OF BOYNTON BEACH, FLORIDA ATTEST: Judith A. Pyle, CMC City Clerk (Corporate Seal) Mayor — Steven B. Grant Vice Mayor — Justin Katz Commissioner — Mack McCray Commissioner — Christina L. Romelus Commissioner — Joe Casello VOTE YES NO Page 517 of 678 SOUTH PROPERTY LEGAL DESCRIPTION ORB 27497 PAGE 1800 PARCEL 1: LOT 5, BLOCK 8, TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 1, PAGE 23. PCN: 08-43-45-28-03-008-0050 PARCEL 2: LOT 3, LESS THE NORTH 10 FEET THEREOF, AND ALL OF LOTS 4, 9 AND 10, BLOCK 8, TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 1, PAGE 23. PCN: 08-43-45-28-03-008-0030 PARCEL 3: THE EAST '/z OF LOT 8, BLOCK 8, TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 1, PAGE 23. PCN: 08-43-45-28-008-0081 PARCEL 4: LOT 6, BLOCK 8, ORIGINAL TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 23, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. PCN: 08-43-45-28-03-008-0060 PARCEL 5: THE NORTH 60 FEET OF LOT 7 AND THE NORTH 60 FEET OF THE WEST HALF (W '/2) OF LOT 8, BLOCK 8, TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM Page 518 of 678 BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 1, PAGE 23. SAID LANDS SITUATE LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. PCN: 08-43-45-28-03-008-0071 PARCEL 6: LOTS 4, 5 AND 6, BLOCK 11, TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 23, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. PCN: 08-43-45-28-03-011-0040 PARCEL 7: LOT 7, LESS THE NORTH 60 FEET THEREOF AND THE WEST HALF OF LOT 8, LESS THE NORTH 60 FEET THEREOF, BLOCK 8, TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 1, PAGE 23. SAID LANDS SITUATE, LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. PCN: 08-43-45-28-03-008-0072 TOGETHER WITH ALL IMPROVEMENTS, TENEMENTS, HEREDITAMENTS, AND APPURTENANCES THERETO BELONGING OR IN ANYWISE APPERTAINING AND TOGETHER WITH ALL RIGHTS AND EASEMENTS OF RECORD. SUBJECT TO ALL COVENANTS, RESTRICTIONS AND EASEMENT OF RECORD, WITHOUT THE INTENT TO REIMPOSE SAME, AND TAXES FOR THE CURRENT AND SUBSEQUENT YEARS. Page 519 of 678 1 ORDINANCE NO. 17- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AMENDING ORDINANCE 02- 5 013 TO REZONE A PARCEL OF LAND 6 DESCRIBED HEREIN AND COMMONLY 7 REFERRED TO AS THE VILLAGES AT EAST 8 OCEAN AVENUE — SOUTH FROM 9 NEIGHBORHOOD COMMERCIAL (C-2) TO 10 MIXED USE 2 WITH THE MAXIMUM DENSITY 11 OF 40 DWELLING UNITS/ACRE (MU -2); 12 PROVIDING FOR CONFLICTS, SEVERABILITY, 13 AND AN EFFECTIVE DATE. 14 15 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 16 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; 17 and 18 WHEREAS, the City of Boynton Beach, owner of the property has made application 19 to rezone a parcel of land, said land being more particularly described hereinafter, from 20 Neighborhood Commercial (C-2) to Mixed Use 2 with the maximum density of 40 dwelling 21 units/acre (MU -2); and 22 WHEREAS, the City Commission conducted public hearings as required by law and 23 heard testimony and received evidence which the Commission finds supports a rezoning for 24 the property hereinafter described; and 25 WHEREAS, the City Commission finds that the proposed rezoning is consistent 26 with an amendment to the Land Use which was contemporaneously considered and approved 27 at the public hearing heretofore referenced; and 28 WHEREAS, the City Commission deems it in the best interests of the inhabitants of 29 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 30 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 31 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 32 Section 1. The foregoing Whereas clauses are true and correct and incorporated C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\476CECC0-3872-4605-BD6A-39BA081C5EF9\Boynton Beach. 6569.1.Villages_at East Ocean_Avenue_-_South_-_Rezone.doc Page 520 of 678 33 herein by this reference. 34 Section 2. The land described in Exhibit "A" be and the same is hereby rezoned 35 from Neighborhood Commercial (C-2) to Mixed Use 2 with the maximum density of 40 36 dwelling units/acre (MU -2). A location map is attached hereto as Exhibit "B" and made a 37 part of this Ordinance by reference. 38 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 39 accordingly. 40 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby 41 repealed. 42 Section 5. Should any section or provision of this Ordinance or any portion thereof 43 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect 44 the remainder of this Ordinance. 45 Section 6. This ordinance shall become effective immediately upon passage. 46 FIRST READING this day of , 2017. 47 SECOND, FINAL READING and PASSAGE this day of , 2017. 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Justin Katz Commissioner — Mack McCray Commissioner — Christina L. Romelus Commissioner — Joe Casello ATTEST: VOTE YES NO C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\476CECC0-3872-4605-BD6A-39BA081C5EF9\Boynton Beach. 6569.1.Villages_at East_Ocean_Avenue_-_South_-_Rezone.doc Page 521 of 678 68 Judith A. Pyle, CMC 69 City Clerk 70 71 72 73 (Corporate Seal) 74 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\476CECC0-3872-4605-BD6A-39BA081C5EF9\Boynton Beach. 6569.1.Villages_at East_Ocean_Avenue_-_South_-_Rezone.doc Page 522 of 678 75 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\476CECC0-3872-4605-BD6A-39BA081C5EF9\Boynton Beach. 6569.1.Villages_at East_Ocean_Avenue_-_South_-_Rezone.doc Page 523 of 678 EXHIBIT A SOUTH PROPERTY LEGAL DESCRIPTION ORB 27497 PAGE 1800 PARCEL 1: LOT 5, BLOCK 8, TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 1, PAGE 23. PCN: 08-43-45-28-03-008-0050 PARCEL 2: LOT 3, LESS THE NORTH 10 FEET THEREOF, AND ALL OF LOTS 4, 9 AND 10, BLOCK 8, TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 1, PAGE 23. PCN: 08-43-45-28-03-008-0030 PARCEL 3: THE EAST '/z OF LOT 8, BLOCK 8, TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 1, PAGE 23. PCN: 08-43-45-28-008-0081 PARCEL 4: LOT 6, BLOCK 8, ORIGINAL TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 23, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. PCN: 08-43-45-28-03-008-0060 PARCEL 5: THE NORTH 60 FEET OF LOT 7 AND THE NORTH 60 FEET OF THE WEST HALF (W '/2) OF LOT 8, BLOCK 8, TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 1, PAGE 23. SAID LANDS SITUATE LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\476CECC0-3872-4605-BD6A-39BA081C5EF9\Boynton Beach. 6569.1.Villages_at East_Ocean_Avenue_-_South_-_Rezone.doc Page 524 of 678 PCN: 08-43-45-28-03-008-0071 PARCEL 6: LOTS 4,5 AND 6, BLOCK 11, TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 23, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. PCN: 08-43-45-28-03-011-0040 PARCEL 7: LOT 7, LESS THE NORTH 60 FEET THEREOF AND THE WEST HALF OF LOT 8, LESS THE NORTH 60 FEET THEREOF, BLOCK 8, TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 1, PAGE 23. SAID LANDS SITUATE, LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. PCN: 08-43-45-28-03-008-0072 TOGETHER WITH ALL IMPROVEMENTS, TENEMENTS, HEREDITAMENTS, AND APPURTENANCES THERETO BELONGING OR IN ANYWISE APPERTAINING AND TOGETHER WITH ALL RIGHTS AND EASEMENTS OF RECORD. SUBJECT TO ALL COVENANTS, RESTRICTIONS AND EASEMENT OF RECORD, WITHOUT THE INTENT TO REIMPOSE SAME, AND TAXES FOR THE CURRENT AND SUBSEQUENT YEARS. C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\476CECC0-3872-4605-BD6A-39BA081C5EF9\Boynton Beach. 6569.1.Villages_at East Ocean_Avenue_-_South_-_Rezone.doc Page 525 of 678 TO: Chair and Members Planning and Development or THRU: Michael Rumpf A4'� Planning and Zoning Director 0% FROM: Hanna Matras, Senior Planner DATE: August 15, 2017 PROJECT: The Villages at East Ocean Avenue -South LUAR 17-003 REQUEST: Approve The Villages at East Ocean -South Future Land Use M--,F"- Amendment from Local Retail Commercial (LRC) to Mixed U Medium (MXM) and rezoning from C-2 Neighborhood Commerci to MU -2, Mixed Use 2 District with a proposed site plan for multi -family units and 3,500 • feet • • space. I 1k] A NI :A I I*j 0 ,TIT4WWr'TITMMM@Y_'IrII =17. Location: Area extending • the • side • E. Ocean Avenue to the alley south of SE ls� Avenue, bounded by the FEC Railway • the east and SE 3rd Street • the west (Exhibit Zoning: Local Retail Commercial (L )/ C-2 Neighborhood Commercial Proposed Land Use/ Zoning: Mixed Use Medium (MXM)/ MU -2 Mixed Use 2 with the maximum density of 40 dwelling units/acre Acreage: 1.764 acres Page 526 of 678 Page 2 The Wages at East Ocean Avenue - South LUAR 17-002 North: Right-of-way for Ocean Avenue; farther north, proposed Villages of East Ocean Avenue North with Mixed Use High future land use and Mixed Use Core zoning (currently, developed residential and commercial properties and vacant land, classified • Retail Commercial (LRC) future land use and zoned C-3 • • South: Alley (previously abandoned); farther south a developed single-family home, classified Low Density Residential (LDR) and zoned RII-A, Single Family Residential; East: Right-of-way for FEC Railroad; further east, developed • properties, classified Mixed Use High (MXH) future land use and zoned CBD Central Business District; and West: Right-of-way for NE 3rd Street, and farther west, developed single -and multifamily properties classified Local Retail Commercial (LRC), High and • Density Residential (HDR and LDR)) and zoned R-3 Multifamily and R -1A •' Family Resi•- • a e plans for the • and South sections are processed concurrently (see the respectiv�.- staff reports). The proposed development is located within the Community Redevelopment Area and carries three transportation -related designations: the Downtown Transit -Oriented Development (DTOD) District, Transportation • Exception Area (TCEA) and Coastal Residential Exception. The DTOD district covers a one-half mile radius around the station of the planned Tri -Rail Coastal Link commuter service on the FEC Rail line, to be located just south of Boynton Beach Boulevard, The district's regulations support increased intensity of development through a 25% density bonus. The TCEA, in addition to the Coastal Residential Exception applicable east of 1-95, exempts all projects within a predetermined threshold from the Palm Beach County traffic concurrency ordinance, further supporting redevelopment in the City's downtown and surrounding neighborhoods. 2 Page 527 of 678 Page 3 LUAR 17-002 The subject request pertains to the South section of the Villages project. The properin consist of 7 parcels, currently developed with commercial and single family uses (t" latter nonconfroming under the commercial C-2 zoning). This section is proposed to redeveloped under the Mixed Use Medium (MXM) future land use category and Mix Use 2 zoning. The project's proposed density is appoximately 20 dwelling units p acre, one-half of the maximum base permitted density under the MU -2 district. 01 I il Zin IvaA %9J k, Irsi m. -LI k fga L'I The following criteria used to review Comprehensive Plan Map amendments ani rezonings are listed in the Land Development Regulations, Chapter 2, Article 11, Section 2.B and Section i a. Demonstration of Need A demonstration of need may be based upon chang 'il con ns that represent a demand for the proposed land use classification a I zoning district. Appropriate data and analysis that adequately substantiates need for the proposed land use amendment and rezoning must be provided wit�h the application. The need for the requested Future Land Use Map amendment (FLUM)/rezoning of the subject site is closely aligned with the City's long standing vision and desire to expand housing in and around the downtown to foster pedestrian activity needed for creation of a vibrant city center. The City has supported this vision by allowing the highest residential densities in the area; more so in recent years, as the plan for a new Tri -Rail Coastal Link commuter service with a downtown station provided a heightened rationale for intensification of future redevelopment in proximate locations. The increased development intensity and related regulations for the Downtown Transit -Oriented Development (DTOD) District, - established in 2014, are consistent with recommendations of the Florida Department of Transportation (FDOT), included the department's 2012 Florida TOD Guidebook. The proposed project is adjacent to the planned Coastal Link station. However, the FDOT model for the Boynton Beach DTOD District is a Community Center station with stipulated densities between 11 and 16 dwelling units per acre, much higher than 7.0 4welling units per acre, the current gross density within the District. The proposed rezoning will bring the density closer to the number at which planned commuter service can operate efficiently. I- 0 - _• - - 0 - - 0 9 Page 528 of 678 Page 4 The Vilages at East Ocean Avenue - South LUAR 17-002 2pplicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. The proposed future land use amendment and rezoning are consistent with several applicable policies of the Comprehensive Plan, such as: Policy 1. 18. 1 The City shall implement the Transit -Oriented Development (TO approach, as described in the 2012 Florida Department Transportation's TOD Guidebook, to manage future growth within a mile radius around the intersection of Ocean Avenue and the East Coast rail corridor, which is the anticipated location of thl- I Downtown Boynton Beach Station for the planned commuter Tri -R Coastal Link service on the FEC Corridor. This area will be referreda I the Downtown TOD District hereforth. The inner Y4 -mile core of th, District shall be designed to accommodate the greatest density an intensity of development. Policy 1. 18.2 The City shall aim to transform the Downtown TOD District area into an active, mixed-use, pedestrian -friendly activity zone, supporting new housing to increase potential ridership, intensifying land development activity, and adding amenities and destination uses for future transit riders. The City shall strive to achieve this goal through facilitating compact, high density and intensity development of a varied mix of land uses. The request, if approved, would implement the FLU of Mixed Use Medium proposed for the area by the 2016 CRA Community Redevelopment Plan. 'r I . fle masferrw"ian-cumpi - - * - 0) A Plan. The development regulations for the requested Mixed Use 2 (MU -2) zoning district are subject of the code review under concurrent consideration. c. Land Use Pattern. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and rezonings that would result in more desirable and sustainable growth for the community. Page 529 of 678 Page 5 ffWi�&1-2po-21t&vot #Isenk LUAR 17-002 desirable and sustainable c irowth for the commun in an area that abuts a railro corridor and consists of underutilized commercial property and old storage bays that a non -conforming by current zoning regulations. For lands in or near the City's downtow a the CRA Plan recommends significantly more intense development and high residential density — particularly within the Downtown Transit Oriented Developme District, which already allows for an additional 25% density bonus over all zonin] districts with the permitted density beginning at 20 dwelling units per acre. Dens development is needed to sustain the level of activity necessary for a lively downtow and success of the planned Coastal Link commuter service. d Sustainability. Whether the proposed Future Land Use Map amendment (FLU and rezoning would support the integration of a mix of land uses consistent with th - Smart Growth or sustainability initiatives, with an emphasis on 1) complementa , v] land uses, 2) access to alternative modes of transportation; and 3) interconnecti i within the project and between adjacent properties. See the response to criterion "c" above. The proposed amend ment/rezoning constitutes a major contribution to sustainable, high density redevelopment integrating a mix of land uses in the City's downtown area within the DTOD District. The project would follow the recommendations of the CRA Plan, which consistently incorporates sustainability features in all aspects of redevelopment, including intensity, urban design and connectivity. (See the master/site plan report under concurrent consideration.) e. Availabiffit y of Public Services / Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. Water and Sewer Long-term capacity availability for potable water and sewer for the subject request has been confirmed by the Utilities Department. Solid Waste. The Palm Beach County Solid Waste Authority determined that sufficien'll disposal capacity will be available at the existing landfill through approximately the year 2046. Qrainaoe. Drainaqe will be reviewed in detail as part of the site plan, land development, and building permit review processes. Traff1c. The property is under the Coastal Residential exception and TCEA designatio and is therefore exempted from the concurrency requirements of the Palm Bea County Traffic Performance Standards Ordinance. The monitoring of the maximu allowable residential uses and square footage of commercial, industrial and other no residential uses as well as applicable use ratios under the TCEA Planned 2025 Land U Table indicate that the current (cumulative) numbers remain significantly off t: allowable thresholds. I Page 530 of 678 Page 6 The Vilages at East Ocean Avenue - South LUAR 17-002 Schools. The School Capacity Availability Determination application will be submitted with a site plan/master plan package. e Compatibilit The application shall consider the following factors to determine compatibility., (1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties; and (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezonin,11r, is of a scale which is reasonably related to the needs of the neighborhood and the City as a • As already discussed in response to criteria "c" and "d," the proposed FLUM and rezoning follows the recommendations of the CRA Plan for the area, and thus will be compatible with the future use of the surrounding properties. The Plan's vision is to transform the area into a high intensity, walkable, bustling urban environment, with a further impetus to be provided by the planned Costal Link commuter service. The FLU recommendation for the remaining portion of the Cultural District is the Mixed Use Medium with a maximum density of 50 dwelling units per acre (see Exhibit "D"). The scale of the proposed action will transform the neighborhood while answering the City's need to create a vibrant downtown. , g. Direct Economk Development Benefits. For rezoningIFLUM amendments involving rezoning to a planned zoning district, the review shall consider the economic benefits of the proposed amendment, specifically, whether the proposal would. (1) Further implementation of the Economic Development (ED) Program; (2) Contribute to the enhancement and diversification of the City's tax base; (3) Respond to the current market demand or community needs or provide services • retail choices not locally available; (4) Create new employment opportunities for the residents, with pay at or above the • average • wage; (5) Represent innovative methodsltechnologies, especially those promoting sustainability; (6) Be complementary to existing uses, thus fostering synergy effects, and (7) Alleviate blightleconomic obsolescence of the subject area. Page 531 of 678 Page 7 LUAR 17-002 The proposed project would be yet another major catalyst and synergy contributor support of a successful, lively downtown ("gl" and "g6"), bringing more development the area and attracting more residents and visitors to the City. As already noted in th report, the request reflect the ongoing economic recovery and the current mark demand, adhering to criterion "gY, and would, if approved, effect a significa I enhancement of the City's tax base (criterion "g2"). Direct impact on job generati ti would be negligible, with indirect (multiplier) effects having a more significant poten through increased demand for retail and restaurant uses. h. Commercial and Industrial Land Supply. The review shall consider whether thp-9 proposed rezoningIFLUM amendment would reduce the amount of land available commerciallindustrial development. ff such determination is made, the approval c�a be recommended under the following conditions: (1) The size, shape, andlor location of the property makes it unsuitable for cornmerciallindustrial development; or (2) The proposed rezoningIFL satisfying at least four of the Direct Economic Development Benefits listed in subparagraph "g" above; and (3) The proposed rezoningIFLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation andlor rezoning. Even though the proposed land use amendment/ rezoning would replace the current commercial zoning with a mixed use zoning, the latter allows considerably more intense commercial development. Moreover, high density residential development permitted under the new districts would increase population and thus the demand for commercial uses downtown and in the surrounding neighborhoods. i. Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. MTI RI,1900911111WIMILOK1001 a to] a I Argme I Oj 1:1st I&I I ow For the master plan/site plan review, see the corresponding staff report. The application f lor the master/site plan complies with the recommendations of th- !- -•• Veveopment regulations for the requested Mixed Use 2 (MU -C) zoning district subject of the code review under concurrent consideration. N Page 532 of 678 Page 8 The Wages at East Ocean Avenue - South LUAR As indicated herein, staff has reviewed the proposed FLUM amendment and rezoning and determined that it constitutes the implementation of the CRA Community Redevelopment Plan and the policies of the Comprehensive Plan. Therefore, staff recommends approvals of the subject requests. S-.\Planning\SHARED\WP\PROJECTS\Villages at East Ocean\Villages LUARs\Villages South LUAR 17-003\LUAR 17-003 Villages South Staff Report.doc Page 533 of 678 *:1:11:1 k &I LOCATION MAP Page 534 of 678 EXHIBIT B VILLAGES AT OCEAN AVENUE (LUAR 17-002/003): FLU Legend LOW DENSITY RESIDENTIAL (LDR), 7.5 D.U./Acre LOCAL RETAIL COMMERCIAL (LRC) MEDIUM DENSITY RESIDENTIAL (MEDR), 11 D.U./Acre MIXED USE MEDIUM (MXM), 50 D.U./Acre HIGH DENSITY RESIDENTIAL (HDR),15 D.U./Acre MIXED USE HIGH (MXH), P.- W� 9(bf 678 EXHIBIT C VILLAGES AT OCEAN AVENUE (LUAR 17-002/003): ZONING Legend: Zoning Districts C3 Community Commercial R1A Single Family CBD Central Business District R3 Multi Family �, MU -2 Mixed Use 2 0 C2 Neighborhood Commercial MU -C Mixed Use Core Page 536 of 678 CRA PLAN'S FLU RECOMMENDATIONS M N E 3rd �4ve W Z U I IM K�,H E -Boynton -Beach Blvd N W Z 3� SE 2074 Io►ve LEGEND PNEWst _ve _jl_/./_:_ Exhibit D 9. F. PUBLIC HEARING 9/19/2017 REQUESTED ACTION BY COMMISSION: Approve The Village at East Ocean Avenue - South Major Site Plan Modification (MSPM 17-004) for a mixed-use development consisting of 35 dwelling units, commercial space, and associated recreational amenities and parking on a 1.764 acre site. Applicant: Arthur D'Almeida (TABLED to September 19, 2017 to correspond with 2nd reading of the Land Use Amendment application.) EXPLANATION OF REQUEST: The Villages at East Ocean Avenue is a proposed mixed use development on 5.14 acres split into two different master plans with Ocean Avenue being the dividing line —the south portion extends from the Ocean Avenue to the alley south of SE 1st Avenue, while the north part covers the area from Ocean Avenue to Boynton Beach Boulevard. Mr. Bradley Miller, agent for the owner, is requesting approval of several concurrent applications for the development of The Villages at East Ocean Avenue project. (See the respective staff reports). The requests include two (2) Future Land Use Map Amendments and Rezonings, two (2) Major Site Plan Modifications, and a series of Right -Of -Way Abandonments. This request is for a Major Site Plan Modification for the south parcel for approval to construct a mixed-use development consisting of 35 multi -family residential units, 3,500 square feet of commercial space and corresponding parking. The Planning & Development Board reviewed this item on August 22, 2017 and conditions of approval are attached. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: If approved and developed, the project would increase application and processing revenues and ultimately, the City's tax base. ALTERNATIVES: N/A STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: CLIMATE ACTION DISCUSSION: N/A Page 538 of 678 Is this a grant? Grant Amount: ATTACHMENTS: Type D Staff Report D Location Map D Drawings D Conditions of Approval D Development Order Description Staff Report Exhibit A ® Location Map Exhibit B ® Project Plans Exhibit C ® Conditions of Approval Development Order Page 539 of 678 TO: Chair and Members Planning and Devel%oppm Board THRU: Michael W. Rumpf ' `V - Director of Planning and Zoning FROM: Amanda Bassiely Senior Planner — U an Designer DATE: August 11, 2017 PROJECT NAME: The Villages at East Ocean Avenue - South (MSPM 17-004) REQUEST: Major Site Plan Modification approval for a mixed-use development consisting of 35 dwelling units, commercial space; and associated recreational amenities and parking on a 1.764 acre site. PROJECT DESCRIPTION Property Owner: 206 Boynton LLC, Boynton Beach Property Holdings LLC, 416 Boynton LLC, 422 Boynton LLC, First Avenue Boynton LLC, East Ocean Avenue LLC ManagingApplicant: Arthur B. D'Almeida, - • IN Agent: Bradley D. Miller, Miller Land Planning Location: South side of Ocean Avenue to the alley south of SE 1st Avenue between the F.E.C. Railroad and SE 3rd Street (see Exhibit "A" - Site Location Map). Existing Land Use: LRC (Local Retail Commercial) Proposed Land Use: MXM (Mixed Use Medium) Existing Zoning: C-2 (Neighborhood Commercial) Proposed Zoning: MU -2 (Mixed Use 2) Proposed Use: 35 dwelling units, 3,500 square feet of commercial space, and associated recreational amenities and parking on a 1.764 acre site. 7•4 acres Page 540 of 678 The Villages at East Ocean Avuene Staff Report (MSPM 17-004) Memorandum No PZ 17-044 Page 2 Uses:Adjacent North: Right-of-way for Ocean Avenue and farther north is a proposed mixed use development of the Villages at East Ocean Avenue (north parcel) which is proposed to have a Land Use classification of Mixed Uses High (MXH) and a zoning designation of MU -C (Mixed Use Core); South: Developed single-family properties with a Land Use classification of Low Density Residential (LDR) and zoned R1 (Single Family); East: Right-of-way for the Florida East Coast Railroad and NE 4I' Street and father east are developed commerical properties with a Land Use classification of Mixed Use (MX) and a zoning designation of CBD (Central Business District); and West: Right-of-way for NE 3rd Street and farther west are developed multi- family properties zoned R-3 (Multi -Family) w-RoluAfluMMY 114-w 0 Owners of properties within 400 feet of the subject request were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007. Proposal: The Villages of East Ocean Avenue is a proposed mixed use development on 5.14 acres split into two different master plans with Ocean Avenue being the dividing line —the south portion extends from the Ocean Avenue to the alley south of SE 1st Avenue, while the north part covers the area from Ocean Avenue to Boynton Beach Boulevard. Mr. Bradley Miller, agent for the owner, is requesting approval of several concurrent applications for the development of The Villages at East Ocean Avenue project. (See the respective staff reports). The requests include two (2) Future Land Use Amendments and Rezonings, two (2) Major Site Plan Modifications, and a series of Right -Of -Way Abandonments. This request is for a Major Site Plan Modification for the south parcel for approval to construct a mixed-use development consisting of 35 multi -family residential units, 3,500 square feet of commercial space and a supporting parking. 2 Page 541 of 678 The Villages at East Ocean Avuene Staff Report (MSPM 17-004) Memorandum No PZ 17-044 Page 3 Traffic: A traffic study was sent to the Palm Beach County Traffic Division for review. The project is located within the boundaries of the City of Boynton Beach TCEA (Traffic Concurrency Exception Area) and therefore meets the Palm Beach County Traffic Performance Standards. The entire project (both the north and south parecels) generate 1,635 new daily trips with 192 AM peak trips and 130 PM peak trips. School: The School District of Palm Beach County has confirmed that area schools have adequate capacity to accommodate the potential public school students who will reside in the proposed dwelling units with their families. Utilities: The City's water capacity, as increased through the purchase of up to five (5) million gallons of potable water per day from Palm Beach County Utilities, would meet the projected potable water demand for this project. Sufficient sanitary sewer and wastewater treatment capacity is also currently available to serve the project. The applicant will be making several upgrades to utility lines in the vicinity of the project as part of the site development. Police/Fire: The Police Department has reviewed the site plan and all review comments have been acknowledged by the applicant and will be addressed at the time of permitting. The Fire Department notes that they will be able to provide an adequate level of service for this project with current or expected infrastructure and/or staffing levels. Further plan review by Police and Fire will occur during the building permit process. Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. Access: The property has two vehicular access points on SE 3rd Street. Both access points lead directly into the parking areas which serve the residential units. Sidewalks are provided along the street rights-of-way. The sidewalks proposed are a minimum of eight (8) feet in width and are lined with street trees for shade. The sidewalks along Ocean Avenue abut an active area that may be used for outdoor dinning for commercial uses. There is a central plaza located on the Ocean Avenue frontage to encourage pedestrian interaction. The development also proposes two green areas, one in the center of the parking area, which may be used as a dog park and a second adjacent to the historical structure at the southern end of the project. Parking: Off-street parking for the MU -2 zoning district requires 1.5 parking spaces for one -bedroom units and two parking spaces for two (2) or more bedroom units. The project proposes 35 units (a mixture of studio, loft, one and two 3 Page 542 of 678 The Villages at East Ocean Avuene Staff Report (MSPM 17-004) Memorandum No PZ 17-044 Page 4 bedroom units), which would require 54 parking spaces. Additionally, the code requires the provision of guest parking ata rate of 0.15 spaces per unit, which adds another 6 required parking spaces to the total. The commercial space, which would allow a mix of retail, office and restaurant uses, requires one (1) parking space per 200 square feet of gross floor area. The site plan proposes 3,500 square feet of retail, thereby requiring an additional 18 parking spaces. The existing historic structure has not been assigned a use and does not seem to be accounted for in the parking calculations. Staff requests this deficiency, if one exists, be rectified (See Exhibit C — Conditions of Approval). The site plan contains 88 required parking spaces. Regular parking space dimensions would conform to code requirements for the CRA of 9 feet by 18 feet for 90 degree parking and 9 feet by 25 feet for parallel spaces. The four (4) handicap spaces would be dimensioned 12 feet wide by 18 feet long. The applicant is proposing a surface parking lot that is located behind the residential units. The parking area is completely screened from both SE 3rd Street and Ocean Avenue. The parking lot would accommodate up to 61 vehicles. The developer will be required to comply with the City's residential parking requirements to ensure that the designated resident parking spaces are reserved for, and made available to the residents so there is no reason for residents to utilize guest and retail parking spaces. There are an additional 17 on -street parking spaces; six (6) on Ocean Avenue and eleven (11) on SE Sd Street. Lastly, the 5 townhomes each have a two -car garage (totaling 10 parking spaces). Landscaping: The Plant List (Sheets L3 & L4) indicates that the project would add a total of 49 canopy trees, 26 palm trees, 952 accent and shrub specimens, and 4,760 small shrubs/groundcover plants. All plant materials to be used in the landscape design are required to be Florida number one grade and must be identified as having "low" or "medium" watering needs in the South Florida Water Management's "Waterwise" publication. The proposed tree species include the following: Cathedral Live Oak, Crape Myrtle, Green Buttonwoon, Sabel Palms, Silver Date Palms, and along with a variety of other tree types. The CRA Plan recommends the Ocean Avenue streetscape include reduced building setbacks and encourage building placement abutting the street, thus creating an urban setting. The concept creates a landscape design that encompasses both the private and public domain, to blend the two areas into one unified landscape scheme to optimize the pedestrian experience. This is accomplished through hardscape and landscape choices, covered walkways (arcades, awnings, tree canopy), and streetscape amenities (benches/seatwalls, lighting, accent plantings). The landscape design proposed by the applicant depicts the use of street trees and covered arcades to create the streetscape theme, with the lower landscape material placed at points along the building foundation and between the street and sidewalk, in an effort to maximize clear pedestrian pathways. 4 Page 543 of 678 The Villages at East Ocean Avuene Staff Report (MSPM 17-004) Memorandum No PZ 17-044 Page 5 Building and Site: The proposed site area totals 1.764 acres. The dwelling units are located above the retail spaces fronting Ocean Avenue and along SE 3rd Street. The retail portion of the project totals 3,500 square feet and fronts the main roadways and the public plaza. The parking area, as noted previously, has 61 parking spaces, with dedicated resident parking. Of the 35 residential units, nine (9) are studios, six (6) are one (1) bedroom, four (4) are livework units, eleven (11) are two (2) bedroom, and five (5) are (3) bedroom units. The units range in size from a 954 square foot to a 3,044 square foot. Relative to the floor area ratio (FAR) regulations within the code, the Mixed Use 2 (MU -2) zoning district has a maximum FAR of 2.0 (0.91 FAR proposed). The project is also located within the "Transit Core" (1/4 mile radius of the station), which requires that new development have a minimum density of 20 dwelling units per acre (20 du/ac are proposed). Building Height: Overall, the building design has the most intensity along the frontage of Boynton Beach Boulevard, decreasing in intensity as the project approaches Ocean Avenue. The maximum building height allowed in the MU -2 (Mixed Use- 2) zoning district is 65 feet. The proposed building elevations depict the typical roof deck height of aproximaity fifty-four (54) feet; with an overal height of approximately sixty-four (64) feet. Along Ocean Avenue, the building height is reduced in hieght to approximately thirty-five feet (36), per the CRA plan. Setbacks: The MU -2 zoning district requires no building setbacks, but rather a zero (0) build -to line. However, the CRA plan recommends the building be setback to allow for an enhanced public realm that includes street trees, sidewalks, plazas, and active areas such as outdoor seating for retail uses. The building setback is measured from the property line to the exterior surface of the building or supporting columns. Along Ocean Avenue and SE 3rd Street the building has a setback of approximately 16 feet and approximately 18 feet along the FEC right-of-way. Amenities: As noted above, there is a central plaza loacted on the Ocean Avenue frontage to encourage pedestrian interaction. The development also proposes two green areas, one in the center of the parking area, which may be used as a dog park and a second adjacent to historical structure at the southern end of the project. Design: The intended architectural style for the project is "Coastal Village", which is a variation of Florida Vernacular Architecture. This architectural style fosters a sense of place and identity for the district. The Coastal Village architectural style blends tropical motifs such as climate -sensitive roof forms with contemporary design elements such as vertical orientation, sparsely used ornamentation, vertically-oriented windows, and materials such as concrete and steel structural frames, standing seam metal roofs and use of colors. The project materials and finishes are consistent with this architectural style. 0 Page 544 of 678 The Villages at East Ocean Avuene Staff Report (MSPM 17-004) Memorandum No PZ 17-044 Page 6 The mixed-use projects are designed to create a pedestrian -friendly environment by placing the buildings along pedestrian zones and articulating the building mass avoiding a repetitive, continuous, monotonous building block. The building mass fronting SE 3rd Street on both the north and south parcels is articulated and scaled down as one moves from north to south. This approach maintains the highest building mass and density closer to Boynton beach Boulevard and a lower scale on both sides of Ocean Avenue, terminating with a small townhouse building at the south end. The buildings facing Boynton Beach Boulevard are stepped back ten feet at a height of 45 feet in order to move the mass of the building farther from the pedestrian environment. Lighting: The photometric plans (Sheets PH -1 & PH -2) include 33 freestanding pole light fixtures, with pole height ranging from 12 feet to a maximim of 15 feet. The poles are designed to match the poles and lightfixture already approved along the Casa Costa, 500 Ocean and Boynton Promenade projects. The poles and fixtures would be constructed of cast aluminum, black in color and the light fixtures would have a flat lens to ensure the on-site illumination would not "spill over" onto adjacent properties and rights-of-way as required by code. There are no spot readings in excess of the maximum 5.9 foot- candles allowed. Signage: Locations have been identified to ensure proper wayfinding for public parking. Site and building signage have not been finalized and a Sign Program must be approved for the site prior to requesting any sign permits for the site (see Exhibit "C" — Conditions of Approval). Public The project is subject to the Art in Public Places requirement, and the applicant has been in discussions with the Public Arts Administrator regarding the art and its placement. The project proposes Public Art throughout the site including utilizing the building walls, site fountains, public courtyards and walkways. RECOMMg—NDATION Staff has reviewed this request for a Major Site Plan Modification and recommends APPROVAL, subject to approval of the accompanying applications and satisfying all comments indicated in Exhibit "C — Conditions of Approval. Any additional conditions recommended by the Board or required by the City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Villages at East OceanWillages South (MSPM 17-004)\Staff Report - MSPM 17-004.doc N Page 545 of 678 *:1:11:1 k &I LOCATION MAP Page 546 of 678 eo^fir " SSb66 1d HOV39 NOIMOS a 3 - mN3AV NV3O03 SOb 3 (_1308 dd H1f10S) '3-w NVD00 1SV3 1V SD!DV-nlA DHl Q ogo goo J sso - $❑ (n N (O -zg o W O N I � J ( II i i I �� • € I I II I n F z I 5 I I I f I y a z n L ............... u a z Zi M ec vo I �r4w ° I ° r L I�-------� _ I `- I I I 0 I li I I y� vi � •'i -� �. Ems' II I I wi I IEip 3 I, ° i it I ti II fr x IIT CL LLJ r7 I, I I f 3 J 1 m o � C1AlB HOV39 NO1NA09 SN` Id 103M' Jd '..8..1181HX3 - J$$ 6 MICC -1d HOV99 NOIMOS mN3AV NV3OCG SOb (-130HVd HinoS) 3-W NVD00 1SV3 1V SDOV-RA DHl P =..evo /� ly�r SEb6E ld HOV38 NO1NA08 DrNDAV NV3003904 (�Soa`dd Hlnos> ---- ----- ........ ......... ---- ...... b Q� O T r� " 8 \` // 3nNDAd NV300 1S'dd 1'd SDO`d-171A DHl ---- 0 Z �� J Q Z �0 n ~O 2 L 0 OO Q N O O z w e 0 a', a o A N N o- w m m''N a❑ {l titii,6ii Lp r II „ WIN 3 EM lul Lemz ,\ �I E o ® T w W I ` E am to to [min �� Zm moul N WEI a *FRI E TMe! M- fp 1 0gin Z o z Q Q w W � W W - MA w' (n V)LLJ LLJ O 3:N Z �� j 07 J Z,. m O - r m Oa i- d'M MM SEb6E" ld HOV39 NO1NA08 DrNDAV NV3003904 (�SOFi`dd Hlnos> .... ... .. b _ Q O orw o ------- i 3nNDAd---- 9 � Q NV3001SVD iV SDrJ`�lA �Hl Z Z a GsJ c N CD N j N N nm O Z - , 00 - o --. ZJ }} w z r r I r 0 0l a � �� 1 T F I� r - r- 3 MFM a( c� r. - .., in _. ifflo 0 wa ML Z Z O f Z O 2L" z O J Q 'li rl Q a a > > W r ' ,. W — w J w J x LI, W H o H D 0 a I T' I I N N N N s OCD O J 0 �_ 0 - Z4 e -- - ZR e 2: e Zi '. � D •e Q �a a m $ m m M. d M M M N M t� t� f8 38 sg q q if a g 'B�fl iS QE O - e= ➢=F ens %a, X €4 p P➢ 3 y N. •y L) a w$aFs; y�°9 i ETAS NSy ol➢E fig: g% aFse$`' t� t� f8 38 sg q q if J - a 44A A! tiu -H �g g $E _� 3 �•�'B` , � z's 's: } �`� � �Na a�aaaa o J - a 44A A! tiu -H �g g $E _� 3 �•�'B` , � z's 's: } �`� EXHIBIT "C" Conditions of Approval Project Name: Villages at East Ocean (South) File number: MSPM 17-004 Reference: 4th review of plans identified as a Maior Site Plan Modification with a July 14, 2017 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: 1. Full drainage plans, including drainage calculations, in accordance X with the 2010 LDR, Chapter 4, Article VIII, Section 3.G. will be required at the time of permitting. 2. Please coordinate with Stormwater Utilities to ensure modeling of X the stormwater discharge to the ultimate outfall. 3. Prior to permit application, please contact the Public Works X Department (561-742-6200) regarding the removal of refuse during the construction phase per the CODE, Section 10-26 (a). 4. The CODE, Section 26-34(A) mandates the payment of water X and/or sewer capital facilities charges when a project is to receive services from the city's systems, and as an option, a capacity reservation fee may be obtained at an additional cost and will only be valid for a period of one (1) year after the fee has been paid. Capacity reservation fees shall be paid upon the request for the Utilities Department's signature on the Health Department application forms or within seven (7) days of site plan approval, whichever occurs first. All fees will be determined based on the final meter size(s), or expected demand. 5. The existing drainage to remain within the project limits and along X the project frontage shall be Tele -inspected before and after construction. Prior to the post construction tele -inspection, the same lines shall be cleaned. 6. Profile sections shall be required along each property line. This X comment can be addressed in the Land Development submittal. 7. Provide an Addressing Plan, prior to permit issuance. X Page 553 of 678 Villages at East Ocean (South) MSPM 17-004 3rd Review Comments Paae 2 of 4 DEPARTMENTS INCLUDE REJECT 8. Provide irrigation plans with the landscape plan, prior to permit issuance. X 9. Applicant shall work with the Utility Department to determine the project wastewater flow discharge, which will be entered into the City's hydraulic model to determine if a lift station is required. X 10. Please address storm water treatment for first inch of rainfall, as well as conception detail and conveyance. Please note SFWMD requirements may be more restrictive. Calculations for exfiltration shall be submitted at time of permitting. X 11. The attendance at a mandatory Pre -Construction Conference is required prior to the start of any utilities work on site. X FIRE Comments: None. All previous comments addressed at DART Meeting. POLICE Comments: None. All previous comments addressed at DART Meeting. BUILDING DIVISION Comments: Building comments will be addressed at time of permitting. PARKS AND RECREATION Comments: 12. Per City Ordinance, the Park Impact Fee for the South Parcel is $22,225 (30 apartments X $595 + 5 townhomes X $875). X Page 554 of 678 Villages at East Ocean (South) MSPM 17-004 3rd Review Comments Paae 3 of 4 DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: 13. Sheet AS1.10 data is incomplete. Please add FAR calculations X and revise parking calculations to accurately reflect the plan. 14. Please provide calculations and dimensions of ground floor X building facades which indicate that 50% (all mixed use buildings) and 30% (for all residential buildings) of the area is occupied by transparent windows or door openings. 15. Please provide details of any proposed building signs. A Sign X Program will be required for the project. No sign permits will be issued until the program is approved. 16. Any approvals are subject to the approval of the associated right- X of -way abandonment applications. 17. Revise elevations to consistently match the submitted color chip, X "Adventure Orange". 18. Existing historic structure on the property does not seem to have X an assigned use or associated parking. Please mark the plans and include the tabular date to ensure parking is provided. 19. Provide square footages by use on the plan to ensure parking X tabular data is accounting for all proposed areas. HISTORIC PRESERVATION Comments: None. COMMUNITY REDEVELOPMENT AGENCY Comments: Page 555 of 678 Villages at East Ocean (South) MSPM 17-004 3rd Review Comments Paae 4 of 4 DEPARTMENTS INCLUDE REJECT 20. Clearly identify the location of the required parking spaces associated with the proposed retail/restaurant and guests. Sheets AS 1.10 parking table, AS 1.11 and A1.01. X 21. Overhead utilities must be undergrounded. An easement may need to be retained in order to continue the undergrounding of utilities along 3rd Street to continue south of Ocean Ave. X PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None. CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Villages at East Ocean\Villages South (MSPM 17-004)\StaffReport\ExhibitC COA.doc Page 556 of 678 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Villages at East Ocean- South (MSPM17-004) APPLICANT: Arthur B. D'Almeida APPLICANT'S ADDRESS: 105 East Palmetto Park Road, Boca Raton, FL, 33432 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 19, 2017 APPROVAL SOUGHT: Major Site Plan Modification approval for a mixed-use development consisting of 35 dwelling units, commercial space, and associated recreational amenities and parking on a 1.764 acre site. LOCATION OF PROPERTY: South side of Ocean Avenue to the alley south of SE 1st Avenue between the F.E.C. Railroad and SE 3rd Street DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant _ HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby _ GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WRPROJECTS\Villages at East Ocean\Villages South (MSPM 17-004)\StaffReport\MSPM17-004_ DO.doc Page 557 of 678 9.G. PUBLIC HEARING 9/19/2017 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 17-029 - SECOND READING - PUBLIC HEARING - Approve Flood Prevention Requirements (CDRV 17-005) - Amending the LAND DEVELOPMENT REGULATIONS, Chapter 1, Article 11, Definitions and Article VIII, Section 1.D, Appeals, Chapter 2, Article IV, Sections 2 and 4, and Chapter 4, Article X, to update definitions, Building Division Processes, Standards, and adopt Flood Insurance Rate Maps and Flood Insurance Study in accordance with the NFIP requirements. City initiated. (Ordinance number changed from 17-022 to 17-029 - scrivener error) EXPLANATION OF REQUEST: In 1982, the Federal Emergency Management Agency (FEMA) issued Flood Insurance Rate Maps (FIRM) and a Flood Insurance Study (FIS) report that identified special flood hazard areas in the City. Recently, FEMA completed a re-evaluation of flood hazards in Palm Beach County. FEMA provided the City with preliminary and revised preliminary copies of the FIRM and FIS report on May 31, 2013 and August 18, 2014, respectively, that identified existing flood hazards in the City. As part of this process, FEMA conducted a series of four (4) public workshops in Palm Beach County; of which one (1) was hosted at the Boynton Beach Library program room. The workshops were intended to provide the public an opportunity to view maps, obtain technical assistance, and ask questions of FEMA consultants, County, and City staff. Notice was subsequently published in the Palm Beach Post, the Sun Sentinel, the Town Crier, EI Latino, and the Palm Beach Daily News on or about December 26, 2014 and January 2, 2015. An additional publication was completed in the Federal Register on November 10, 2014. The 90 -day appeal period, which began upon the publishing of the second notice, has ended and FEMA did not receive any appeals during this time. Hence, the Flood Hazard Determination is considered final and the Flood Insurance Study and Flood Insurance Rate Maps will become effective on October 5, 2017. On April 5, 2017, the City received notice from FEMA of the final Flood Hazard Determination and update of the Flood Insurance Study, Flood Insurance Rate Maps (FIRM), and the requirement to adopt aforementioned items by reference within six (6) months. In addition the City is required, prior to October 5, 2017, as a condition of continued eligibility in the National Flood Insurance Program (NFIP), to adopt or show evidence of adoption of floodplain management regulations that meet the standards of Paragraph 60.3(e) of the NFIP regulations (44 CFR 59, etc.) by the effective date of the F I RM. The proposed amendments to Chapter 1, 2, and 4 of the L D R is provided in their entirety in Exhibit "A, B, and C" respectively, along with a list of F I RM Maps and the F I S Report in Exhibit "D". The most notable amendments are summarized below: • Reorganization and update of flood related definitions for clarity and compliance with NFI P. • Reorganization and update of flood related requirements/standards for clarity and compliance with NFIP. • Striking of redundant provisions that are now included in the Florida Building and Residential Code. Page 558 of 678 • Insertion of flood specific requirements for variances according to NFIP. • Clarification of designated Flood Plain Administrator and duties. • Listing of specific federal and state permits that may be required. • Requirement for issuance of development permits or approvals other than buildings and structures that are exempt from the Florida Building Code. • Adoption by reference to the October 5, 2017 FIRM Maps and FIS report. All FIRM Maps and FIS Report are available online for viewing at http://msc.fema.gov/portal/advanceSearch Staff is recommending approval of the proposed code amendments as required by the NFIP and to update reference to the newly finalized Palm Beach County Flood Insurance Study and Flood Insurance Rate Maps. The Planning & Development Board reviewed this item on August 22, 2017 and forwards it with a recommendation for approval. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? City currently participates and manages the National Flood Insurance Program and does not anticipate any changes to programs or services. FISCAL IMPACT: Continued participation through the National Flood Insurance Program affords all City residents in a special flood hazard area a discount of 15% on flood insurance premiums. ALTERNATIVES: None recommended STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: NA CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: NA Is this a grant? No Grant Amount: Page 559 of 678 ATTACHMENTS: Page 560 of 678 Type Description D Ordinance Ordinance appro\Ang amendments to LDR Flood Prevention REquirements D Staff Report Staff Report D Letter FEMA Letter of Final Determination D Exhibit Exhibit "A" ® Chapter 1—Article I I — Definitions and Article V I I I—Section 1.D Apppeals Exhibit "B" ® Chapter 2—Article IV—Section 2 and D Exhibit 4—Building Permit and Variances D Exhibit Exhibit "C" ® Chapter 4 — Article X—Flood Prevention Requirements D Exhibit Exhibit "D" ® List of FIRM Maps and FIS Report D Other Presentation Page 560 of 678 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 ORDINANCE NO. 17 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS, CHAPTER 1, ARTICLE II, "DEFINITIONS"; AMENDING CHAPTER 1, ARTICLE VIII, SECTION 1.D, "APPEALS"; AMENDING CHAPTER 2, ARTICLE IV, SECTION 2, "BUILDING PERMIT"; AMENDING CHAPTER 2, ARTICLE IV, SECTION 4, "VARIANCES; AMENDING CHAPTER 4, ARTICLE X. "FLOOD PREVENTION REQUIREMENTS" TO UPDATE DEFINITIONS, BUILDING DIVISION PROCESSES, STANDARDS, AND ADOPT FLOOD INSURANCE RATE MAPS AND FLOOD INSURANCE STUDY IN ACCORDANCE WITH NFIP REQUIREMENTS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the Federal Emergency Management Agency (FEMA) issued Flood Insurance Rate Maps and a Flood Insurance Study report that identified special flood hazard areas in the City and has recently completed a re-evaluation of flood hazards in Palm Beach County; and WHEREAS, on April 5, 2017, the City received notice from FEMA of the final Flood Hazard Determination and update of the Flood Insurance Study, Flood Insurance Rate Maps (FIRM) and the requirement to adopt the items by reference within six (6) months; and WHEREAS, staff is recommending approval of the proposed amendments as required by the NFIP and to update reference to the newly finalized Palm Beach County Flood Insurance Study and Flood Insurance Rate Maps; and WHEREAS, the City Commission has considered the recommendations and has determined and finds that it is in the best interest of the citizens and residents of the City of Boynton Beach, Florida to approve the amendments to the Land Development Regulations as contained herein. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: -1- C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\00654A8F-C1E8-4895-85BC-562BC62C2A51\Boynton Beach. 6607.1. Flood_Prevention_Requirements_-_LDR_Amendment _-_Ordinance.docx Page 561 of 678 32 Section 1. The foregoing whereas clauses are true and correct and are now ratified and 33 confirmed by the City Commission. 34 Section 2. Chapter 1, Article II, Definitions and Article VIII, Section 1.D, Appeals 35 of the Land Development Regulations of the City of Boynton Beach Code of Ordinances is 36 hereby amended as reflected in Exhibit "A" attached hereto and incorporated herein. 37 Section 3. Chapter 2, Article IV, Section 2, Building Permits and Section 4, 38 Variances of the Land Development Regulations of the City of Boynton Beach Code of 39 Ordinances is hereby amended as reflected in Exhibit "B" attached hereto and incorporated 40 herein. 41 Section 4. Chapter 4, Article X, Flood Prevention Requirements of the Land 42 Development Regulations of the City of Boynton Beach Code of Ordinances is hereby amended 43 as reflected in Exhibit "C" attached hereto and incorporated herein. 44 Section 5. Each and every other provision of the Land Development Regulations not 45 herein specifically amended, shall remain in full force and effect as originally adopted. 46 Section 6. All laws and ordinances applying to the City of Boynton Beach in conflict 47 with any provisions of this ordinance are hereby repealed. 48 Section 7. Should any section or provision of this Ordinance or any portion thereof 49 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 50 remainder of this Ordinance. 51 Section 8. Authority is hereby given to codify this Ordinance. The City Clerk is 52 directed to work with the Land Development Regulations publisher to consolidate this ordinance 53 and the exhibit for publication. 54 Section 9. This Ordinance shall become effective immediately. -2- C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\00654A8F-C1E8-4895-85BC-562BC62C2A51\Boynton Beach. 6607.1. Flood_Prevention_Requirements_-_LDR_Amendment _-_Ordinance.docx Page 562 of 678 55 FIRST READING this day of , 2017. 56 -3- C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\00654A8F-C1E8-4895-85BC-562BC62C2A51\Boynton Beach. 6607.1. Flood_Prevention_Requirements_-_LDR_Amendment _-_Ordinance.docx Page 563 of 678 57 SECOND, FINAL READING AND PASSAGE this day of , 2017. 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 ATTEST: Judith A. Pyle, CMC City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Justin Katz Commissioner — Mack McCray Commissioner — Christina L. Romelus Commissioner — Joe Casello -4- VOTE YES NO C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\00654A8F-C1E8-4895-85BC-562BC62C2A51\Boynton Beach. 6607.1. Flood_Prevention_Requirements_-_LDR_Amendment _-_Ordinance.docx Page 564 of 678 DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 17-029 TO: Chair and Members Planning & Development Board FROM: Andrew P. Mack, P.E., Director of Development' DATE: August 2, 2017 RE: Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 1, Article II, Definitions and Article VIII, Section 1.D, Appeals, to update definitions and administrative official that regulate Flood Prevention in accordance with National Flood Insurance Program requirements. Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 2, Article IV, Sections 2 and 4, to update Building Division processes that regulate Flood Prevention in accordance with National Flood Insurance Program requirements. Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 4, Article X, to update standards, adopt Flood Insurance Rate Maps, and Flood Insurance Study that regulate Flood Prevention in accordance with National Flood Insurance Program requirements. OVERVIEW The rewrite of the City's Land Development Regulations (LDR) in late 2010 allowed staff to perform a complete review and analysis of each standard, regulation, and process. As part of the post -adoption process, staff anticipates the periodic need for, and is prepared to expeditiously process, updates and amendments to the LDR for one or more of the following reasons: 1. Furthering business and economic development initiatives; 2. Advancing sustainability initiatives; 3. Maintaining internal consistency; 4. Achieving regulatory compliance; and 5. Incorporating implementation feedback to meet original objectives or new vision. The proposed amendment would support item 44 BACKGROUND In 1982, the Federal Emergency Management Agency (FEMA) issued Flood Insurance Rate Maps (FIRM) and a Flood Insurance Study (FIS) report that identified special flood hazard areas in the City. Recently, FEMA completed a re-evaluation of flood hazards in Palm Beach County. ME Page 565 of 678 On May 31, 2013 and August 18, 2014 respectively, FEMA provided the City with preliminary and revised preliminary copies of the FIRM and FIS report that identified existing flood hazards in the City. Notice was subsequently published in the Palm Beach Post, the Sun Sentinel, the Town Crier, El Latino, and the Palm Beach Daily News on or about December 26, 2014 and January 2, 2015. An additional publication was completed in the Federal Register on November 10, 2014. The 90 -day appeal period, which began upon the publishing of the second notice, has ended and FEMA did not receive any appeals during this time. Hence, the Flood Hazard Determination is considered final and the Flood Insurance Study and Flood Insurance Rate Maps will become effective on October 5, 2017. On April 5, 2017, the City received notice from FEMA of the final Flood Hazard Determination and update of the Flood Insurance Study, Flood Insurance Rate Maps (FIRM), and the requirement to adopt aforementioned items by reference within six (6) months. In addition the City is required, prior to October 5, 2017, as a condition of continued eligibility in the National Flood Insurance Program (NFIP), to adopt or show evidence of adoption of floodplain management regulations that meet the standards of Paragraph 60.3(e) of the NFIP regulations (44 CFR 59, etc.) by the effective date of the FIRM. PROPOSED DEVELOPMENT STANDARDS The proposed amendments to Chapter 1, 2, and 4 of the LDR is provided in their entirety in Exhibit "A, B, and C" respectively, along with a list of FIRM Maps and the FIS Report in Exhibit "D". The most notable amendments are summarized below: • Reorganization and update of flood related definitions for clarity and compliance with NFIP. • Reorganization and update of flood related requirements/standards for clarity and compliance with NFIP. • Striking of redundant provisions that are now included in the Florida Building and Residential Code. • Insertion of flood specific requirements for variances according to NFIP. • Clarification of designated Flood Plain Administrator and duties. • Listing of specific federal and state permits that may be required. • Requirement for issuance of development permits or approvals other than buildings and structures that are exempt from Florida Building Code. • Adoption by reference the October 5, 2017 FIRM Maps and FIS report. All FIRM Maps and FIS Report are available online for viewing at htlp:Hmsc.fema.gov/portal/advanceSearch. CONCLUSION/RECOMENDATION Staff is recommending approval of the proposed code amendments as required by the NFIP and to update reference for the newly finalized Palm Beach County Flood Insurance Study and Flood Insurance Rate Maps. Attachment S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 17-005 Flood Ordinance\Staff Report - Flood Ordinance.docx -2- Page 566 of 678 >, Federal . ,1. . Management 1 g . ncy s, Washington,1 April 5, 2017 The Honorable Steven Grant Mayor, City of Boynton Beach City Hall 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 Dear Mayor Grant: Community: City of Boynton Beach, Palm Beach County, Florida Community No.: 120196 Map Panels Affected: See FIRM Index This is to notify you of the final flood hazard determination (FHD) for the City of Boynton Beach in compliance with Title 44, Chapter I, Section 67.11, Code of Federal Regulations (44 CFA 67.11). This section requires that notice of final FHDs shall be sent to the Chief Executive Officer of the community, all individual appellants, and the State Coordinating Agency, and shall be published in the Federal Register. On September 30, 1982, the Department of Homeland Security's Federal Emergency Management Agency (FEMA) issued a Flood Insurance Rate Map (FIRM) that identified the Special Flood Hazard Areas (SFHAs), the areas subject to inundation by the base (I -percent -annual -chance) flood, in your community. Recently, FEMA completed a re-evaluation of flood hazards in your community. On May 31, 2013, and August 18, 2014, FEMA provided you with Preliminary and Revised Preliminary copies, respectively, of the FIRM and Flood Insurance Study (FIS) report that identify existing flood hazards in your community. The proposed FHDs for your community were published in the Palm Beach Post, the Sun Sentinel, The Town Crier, El Latino, and the Palm Beach Daily News on or about December 26, 2014, and January 2, 2015; and in the Coastal Star on January 3, 2015, and in the Federal Register, at Part 67, Volume 79, Pages 66733, on November 10, 2014. The statutory 90 -day appeal period, which was initiated on the second newspaper publication date cited above, has ended. FEMA did not receive any appeals of the proposed FHDs during that time. Accordingly, the FHDs for your community are considered final. The final notice for FHDs will be published in the Federal Register as soon as possible. The FIRM for your community will become effective on October 5, 2017. Before the effective date, FEMA will send you final printed copies of the FIRM and FIS report. Because the FIS report establishing the FHDs for your community has been completed, certain additional requirements must be met under Section 1361 of the National Flood Insurance Act of 1968, as amended, within 6 months from the date of this letter. It must be emphasized that all the standards specified in Paragraph 60.3(e) of the NFIP regulations must be enacted in a legally enforceable document. This includes adoption of the current effective FIS report and FIRM to which the regulations apply and other modifications made by this map revision. Some of Page 567 of 678 2 the standards should already have been enacted by your community in order to establish initial eligibility in the NFIP. Your community can meet any additional requirements by taking one of the following actions: 1. Amending existing regulations to incorporate any additional requirements of Paragraph 60.3(c); 2. Adopting all the standards of Paragraph 60.3(e) into one new, comprehensive set of regulations; or 3. Showing evidence that regulations have previously been adopted that meet or exceed the minimum requirements of Paragraph 60.3(e). Also, prior to October 5, 2017, your community is required, as a condition of continued eligibility in the National Flood Insurance Program (NFIP), to adopt or show evidence of adoption of floodplain management regulations that meet the standards of Paragraph 60.3(e) of the NFIP regulations (44 CFR 59, etc.) by the effective date of the FIRM. These standards are the minimum requirements and do not supersede any State or local requirements of a more stringent nature. Many States and Communities have adopted building codes based on the International Codes (I -Codes); the model I -Codes (2009 and more recent editions) contain flood provisions that either meet or exceed the minimum requirements of the NFIP for buildings and structures. The model codes also contain provisions, currently found in an appendix to the International Building Code, that apply to other types of development and NFIP requirements. In these cases, communities should request review by the NFIP State Coordinator to ensure that local floodplain management regulations are coordinated (not duplicative or inconsistent) with the State or Local building code. FEMA's resource, Reducing Flood Losses through the International Code: Coordinating Building Codes and Floodplain Management Regulations, 4`h Edition (2014) provides some guidance on this subject and is available at htt salt -w.fe a, govt edia-library/assets/ ocu ts/96634. Please note, any enclosed correspondence from the State Floodplain Manager is provided to assist States and communities in coordinating to meet State requirements. Its inclusion with this determination should not be construed as FEMA's specific endorsement of its contents. Communities that fail to enact the necessary floodplain management regulations will be suspended from participation in the NFIP and subject to the prohibitions contained in Section 202(x) of the Flood Disaster Protection Act of 1973 (Public Law 93-234) as amended. In addition to your community using the FIS report and FIRM to manage development in the floodplain, FEMA will use the FIS report and FIRM to establish appropriate flood insurance rates. On the effective date of the revised FIRM, actuarial rates for flood insurance will be charged for all new structures and substantial improvements to existing structures located in the identified SFHAs. These rates may be higher if structures are not built in compliance with the floodplain management standards of the NFIP. hi general, flood insurance rates increase as the lowest floor elevations (including basements) of new and substantially improved structures decrease in relation to the BFEs or base flood depths (if determined). This is an important consideration for new construction because building at a higher elevation can greatly reduce the cost of flood insurance. Page 568 of 678 To assist your community in maintaining the FIRM, we have enclosed a Summary of Map Actions (SOMA) to document previous Letter of Map Change (LOMC) actions (i.e., Letters of Map Amendment [LOMAs], Letters of Map Revision [LOMRs]) that will be superseded when the revised FIRM panels referenced above become effective. Information on LOMCs is presented in the following four categories: (1) LOMCs for which results have been included on the revised FIRM panels; (2) LOMCs for which results could not be shown on the revised FIRM panels because of scale limitations or because the LOMC issued had determined that the lots or structures involved were outside the Special FIood Hazard Area as shown on the FIRM; (3) LOMCs for which results have not been included on the revised FIRM panels because the flood hazard information on which the original determinations were based are being superseded by new flood hazard information; and (4) LOMCs issued for multiple lots or structures where the determination for one or more of the lots or structures cannot be revalidated through an administrative process Iike the LOMCs in Category 2 above. LOMCs in Category 2 will be revalidated through a single letter that reaffirms the validity of a previously issued LOMC; the letter will be sent to your community shortly before the effective date of the revised FIRM and wiII become effective 1 day after the revised FIRM becomes effective. For the LOMCs listed in Category 4, we will review the data previously submitted for the LOMA or LOMR request and issue a new determination for the affected properties after the revised FIRM becomes effective. The FIS report and FIRM for your community have been prepared in our countywide format, which means that flood hazard information for all jurisdictions within Palm Beach County has been combined into one FIS report and FIRM. When the FIS report and FIRM are printed and distributed, your community will receive only those panels that present flood hazard information for your community. We will provide complete sets of the FIRM panels to county officials, where they will be available for review by your community The FIRM panels have been computer-generated. Once the FIS report and FIRM are printed and distributed, the digital files containing the flood hazard data for the entire county can be provided to your community for use in a computer mapping system. These files can be used in conjunction with other thematic data for floodplain management purposes, insurance purchase and rating requirements, and many other planning applications. Copies of the digital files or paper copies of the FIRM panels may be obtained by calling our FEMA Map Information eXchange (FMIX), toll free, at 1 -877 -FEMA MAP (1-877-336-2627). In addition, your community may be eligible for additional credits under our Community Rating System if you implement your activities using digital mapping files. For assistance with your floodplain management ordinance, please contact the Florida Division of ]Emergency Management by email at .00dsmordinance m llorida. m. For general assistance with floodplain management, contact Steve Martin, NFIP State Coordinator for Florida by telephone at (850) 413-9960 or by email at ste.r°t` Pity oricla.co If you should require any additional information, we suggest that you contact the Director, Federal Insurance and Mitigation Division of FEMA in Atlanta, Georgia, at (770) 220-5200 for assistance. If you have any questions concerning mapping issues in general or the enclosed SOMA, please call our FMIX at the toll free number shown above. Additional information and resources your community may find helpful regarding the NFIP and floodplain management, such as The National Flood Insurance Program Code of Federal Regulations, Answers to Questions About the National Flood Insurance Program, Frequently Asked Questions Regarding the Effects that Revised Flood Hazards have on Existing Structctres, Use of Flood Insurance Page 569 of 678 E! Study (FIS) Data as Available Data, and National Flood Insurance Program Elevation Certificate and Instructions, can be found on our website at http://www.floodmaps.fema.gov/lfd. Paper copies of these documents may also be obtained by calling our FMIX. Sincerely, Luis Rodrigi&,-iE., Chief Engineering Management Branch Federal Insurance and Mitigation Administration Enclosure: Final SOMA Adoption of NFIP-Compliant Hood Ordinances with the FBC cc: Community Map Repository Mr. Shane Kittendorf, Floodplain Administrator, City of Boynton Beach Page 570 of 678 EXHIBIT "A" Chapter 1, Article 11, Definitions and Article VIII, Section 1.13 Appeals. BASE FLOOD - See "Flood, Base Flood." BUILDING/STRUCTURE HEIGHT - The vertical distance in feet measured from the lowest point at the property line of an adjacent property or from the minimum base flood elevation as established by FEM^ whichever is highest, to the highest point of the roof for flat roofs, to the deck line for parapet roofs with parapets less than five (5) feet in height. Gable, mansard, and hip roof heights shall be measured to the midpoint between the eaves and the ridge. Rooftop penthouses, stairwells, mechanical and electrical equipment shall be concealed by or constructed of exterior architectural materials or features of the same type or quality used on the exterior walls of the main building and may only exceed the maximum building height pursuant to the provisions of the Land Development Regulations. Walls or retaining walls shall also be measured from the lowest adjacent property line to the top of the structure excluding column caps, column capitals and other similar architectural items. COASTAL HIGH HAZARD AREA - The area below the elevation of the category 1 storm surge line as established by a Sea, Lake, and Overland Surges from Hurricanes (SLOSH) computerized storm surge model. CROWN OF ROAD - The elevation of the highest surface of street pavement within the right-of-way abutting the property or otherwise approved by the City Engineer. DEVELOPMENT - A single use or combination of uses, proposed or approved, that may include but not be limited to a single-family subdivision, townhomes, rental apartments, condominiums, public facilities, commercial buildings, shopping centers, or industrial projects, possibly of similar design, constructed as a unified community. Development shall also include the meaning given it in F.S. § 380.04, pursuant to a development order or permit. With respect to workforce housing, it shall mean a proposed development at one (1) location which includes at least ten (10) residential units for which site plan approval is required. With respect to flood prevention requirements, see "Flood, Development." it shall ,nea any ma dr -edging, filling, gr-adin5, F---5, _ea-,�a+iens, dr-illing eper- ether- land distttfbing aeti FLOOD (FLOODING) - A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters or the unusual and rapid accumulation of runoff of surface waters from any source. For purposes of Chapter 4, Article X, Flood Prevention Requirements: 1. ALTERATION OF A WATERCOURSE - A dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, Page 571 of 678 or any other form of modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood. 2 AREA A O SHALLOW T T OW F !1llilING A designated AO 3,10 zone a ., eammunity's fl ,, a instir-anee rate fnap (FH4A4) with base flood depths ffafn one (1) to three (3) feet where a elear4y defined ehanne! does not emst, where the path of flooding is unpr-edietable and indetefminate, and where veleeity flow may be evident. 2.-3--. ASCE 24 -A standard titled Flood Resistant Design and Construction that is referenced by the Florida Building Code. ASCE 24 is developed and published by the American Society of Civil Engineers, Reston, VA. 3. 4 BASE FLOOD - A flood having a one percent (1%) chance of being equaled or exceeded in any given year. The base flood is commonly referred to as the "one hundred (100) year flood" or the "one percent (1%) annual chance flood." 4.45- BASE FLOOD ELEVATION -The elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum specified on the Flood Insurance Rate Map (FIRM). 5. 6-. BASEMENT - The portion of a building having its floor subgrade (below ground level) on all sides. 6. BREAKAWAY WALL - A wall that is not Dart of the structural suDDort of the building and is intended to collapse without causing damage to the elevated portion of the building or the foundation system. 7. COASTAL CONSTRUCTION CONTROL LINE - The line established by the State of Florida pursuant to F.S. § 161.053, and recorded in the official records of the community, which defines that portion of the beach -dune system subject to severe fluctuations based on a one hundred (100) -year storm surge, storm waves or other predictable weather conditions. 8. COASTAL HIGH HAZARD AREA - A special flood hazard area extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. Coastal high hazard areas are also referred to as "high hazard areas subject to high velocity wave action" or "V Zones" and are designated on Flood Insurance Rate Maps (FIRM) as Zone V1 -V30, VE, or V. The e below the elevation oftheeategafy , stafm s e gine as established by a Sea, bake, and Over -land Stir-ges f+em Hidr-r4eanes (SLOS14) eemptttefii�ed stefffl stir-ge fnec el. 9. DESIGN FLOOD - The flood associated with the greater of the following two (2) areas: 1) area with a floodplain subject to a one percent (1%) or greater chance of flooding in any year; or 2) area designated as a flood hazard area on the community's flood hazard map, or otherwise legally designated. 10. DESIGN FLOOD ELEVATION -The elevation of the "design flood," including wave height, relative to the datum specified on the community's legally designated flood hazard map. In areas designated as Zone AO, the design flood elevation shall be the elevation of the highest existing grade of the building's perimeter plus the depth number (in feet) specified on the flood hazard map. In areas designated as Zone AO where the depth number is not specified on the map, the depth number shall be taken as being equal to two (2) feet. 11. DEVELOPMENT — Any man-made change to improved or unimproved real estate, including but not limited to, buildings or other structures, tanks, temporary structures, temporary or permanent storage of equipment or materials, mining , dred iin filling, illinggrading,paving, excavations, drilling operations or any other land disturbing activities. 12.44-. ENCROACHMENT -The placement of fill, excavation, buildings, permanent structures or other development into a flood hazard area which may impede or alter the flow capacity of riverine flood hazard areas. Page 572 of 678 13. EXISTING BUILDING and EXISTING STRUCTURE - Any buildings and structures for which the "start of construction" commenced before January 3, 1979. 14. EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before January 3, 1979. 15. EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OF SUBDIVISON - The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site ,gradin or r the pouring of concrete pads). 16. 4z? FLOOD DAMAGE -RESISTANT MATERIALS - Any construction material capable of withstanding direct and prolonged contact with floodwaters without sustaining any damage that requires more than cosmetic repair. 17. 44- FLOOD HAZARD AREA - The greater of the following two (2) areas: 1) the area within a floodplain subject to a one percent (1%) or greater chance of flooding in any year; and/or 2) the area designated as a flood hazard area on the community's flood hazard map, or otherwise legally designated. 14. FLOOD HAZARD BOUNDARY MAP (FHBAI) An affieial fnap of a ssued by the Feder -a! Emer-geney Management Ageney where the batiadar-ies of the areas of speeial fle-A-d- have been defined-. 18.4-5- FLOOD INSURANCE RATE MAP (FIRM) -An official map of a community on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. 19. 46-. FLOOD INSURANCE STUDY - The official report provided by the Federal Emergency Management Agency which contains flood profiles, flood boundary-floodway map and water surface elevation of the base flood. 20. FLOODPLAIN ADMINISTRATOR - The office or position designated and charged with the administration and enforcement of this chapter (may be referred to as the Floodplain Manager). 21. FLOODWAY - The channel of a watercourse and the adj acent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one 1 foot. 22. 4-7-. FLOODWAY ENCROACHMENT ANALYSIS - An engineering analysis of the impact that a proposed encroachment into a floodway is expected to have on the floodway boundaries and base flood elevations; the evaluation shall be prepared by a qualified Florida licensed engineer using standard engineering methods and models. 23. 4-9-. FUNCTIONALLY DEPENDENT USE - A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, including only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities; the term does not include long term storage or related manufacturing facilities. 24.4-9-.- HIGHEST ADJACENT GRADE -The highest natural elevation of the ground surface prior to construction next to the proposed walls or foundation of a structure. 25. HISTORIC STRUCTURE - Any structure that is determined eligible for the exception to the flood hazard area requirements of the Florida Building Code, Existing Building, Chapter 12 Historic Buildings. 26.2-0-. LETTER OF MAP CHANGE (LOMC) -An official determination issued by FEMA that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change 3 Page 573 of 678 include: a. LETTER OF MAP AMENDMENT (LOMA) - An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area. b. LETTER OF MAP REVISION (LOMR) - A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features. c. LETTER OF MAP REVISION BASED ON FILL (LOMR-F) - A determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community's floodplain management regulations. d. CONDITIONAL LETTER OF MAP REVISION (CLOMR) - A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study; upon submission and approval of certified as -built documentation, a Letter of Map Revision may be issued by FEMA to revise the effective FIRM. 27. 24-. LOWEST FLOOR - The lowest floor of the lowest enclosed area of a building or structure, including basement, but excluding any unfinished or flood -resistant enclosure, other than a basement, usable solely for vehicle parking, building access or limited storage provided that such enclosure is not built so as to render the structure in violation of the non -elevation requirements of the Florida Building Code or ASCE 24. 28. MARKET VALUE - The price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge of relevant facts. As used in Chapter 4, Article X, the term refers to the market value of buildings and structures, excluding the land and other improvements on the parcel. Market value may be established by a qualified independent appraiser, Actual Cash Value (replacement cost depreciated for age and quality of construction), or the ad valorem tax assessment value adjusted to approximate market value by a factor provided by the Property Appraiser. 29. NEW CONSTRUCTION - For the purposes of administration of Chapter 4, Article X, and the flood resistant construction requirements of the Florida Building Code, structures for which the "start of construction" commenced on or after January 3, 1979 and includes any subsequent improvements to such structures. 30. NEW MANUFACTURED HOME PARK OR SUBDIVISION - A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final siterg adin or r the pouring of concrete pads) is completed on or after January 3, 1979. 31.? SAND DUNES - Naturally occurring accumulations of sand in ridges or mounds landward of the beach. 32. SPECIAL FLOOD HAZARD AREA - Land in the floodplain subject to a one percent (1%) or greater chance of flooding in any given year. Special flood hazard areas are shown on FIRMS as Zone A, AO, Al, A30, AE, A99, AH, V1, V30, VE or V. 33. SUBSTANTIAL DAMAGE -Damage of any origin sustained by a building or structure whereby the cost of restoring the building or structure to its before -damaged condition would equal or exceed 50 percent of the market value of the building or structure before the damage occurred. 4 Page 574 of 678 34. SUBSTANTIAL, IMPROVEMENT - Any repair, reconstruction, alteration, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the improvement or repair is started, or if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include (1) Any project for improvement of a building required to correct existing health, sanitary, or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions, or (2) Any alteration of a historic structure provided the alteration will not preclude the structure's continued designation as a historic structure. 35. WATERCOURSE -For the purposes of Chapter 4, Article X, a river, creek, stream, channel or other topographic feature in, on, through, or over which water flows at least periodically. MANUFACTURED HOME - A structure, transportable in one or more sections, which is eight (8) feet or more in width and greater than four hundred (400) sauare feet. and which is built on a bermanent_ integral chassis and is designed for use with or without a permanent foundation when attached to the required utilities. Alse knewn as a mebile heme, (HUD) and emale of being r-elaeated f of one (1 ` 1 ' ' 9+er The structure is designed for long term occupancy as a complete dwelling unit and containing all conveniences and facilities, with plumbing and electrical connections provided for attachment to approved utility systems. All wheels shall be removed prior to the issuance of a certificate of occupancy. MANUFACTURED HOME PARK - Premises typically referred to as a mobile home or trailer park, where manufactured homes are installed par -ked for non -transient living or sleeping purposes. START OF CONSTRUCTION (P.L. 97 34 - The date a building permit is issued for new construction and substantial improvements, provided the actual start of construction, repair, reconstruction or improvement is within one hundred eighty (180) days of the permit date. The actual start means the first placement of permanent construction (including a manufactured home) on a site, such as the pouring of slabs or footings, installation of piles, construction of columns or any work beyond excavation or placement of a manufactured home on a foundation. Permanent construction excludes land preparation such as clearing, grading and filling; installation of streets and/or walkways; excavation for a basement, footings, piers or foundations or the erection of temporary forms; installation on the property of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor or other 5 Page 575 of 678 A. ON "IRAWN 41-01 MANUFACTURED HOME - A structure, transportable in one or more sections, which is eight (8) feet or more in width and greater than four hundred (400) sauare feet. and which is built on a bermanent_ integral chassis and is designed for use with or without a permanent foundation when attached to the required utilities. Alse knewn as a mebile heme, (HUD) and emale of being r-elaeated f of one (1 ` 1 ' ' 9+er The structure is designed for long term occupancy as a complete dwelling unit and containing all conveniences and facilities, with plumbing and electrical connections provided for attachment to approved utility systems. All wheels shall be removed prior to the issuance of a certificate of occupancy. MANUFACTURED HOME PARK - Premises typically referred to as a mobile home or trailer park, where manufactured homes are installed par -ked for non -transient living or sleeping purposes. START OF CONSTRUCTION (P.L. 97 34 - The date a building permit is issued for new construction and substantial improvements, provided the actual start of construction, repair, reconstruction or improvement is within one hundred eighty (180) days of the permit date. The actual start means the first placement of permanent construction (including a manufactured home) on a site, such as the pouring of slabs or footings, installation of piles, construction of columns or any work beyond excavation or placement of a manufactured home on a foundation. Permanent construction excludes land preparation such as clearing, grading and filling; installation of streets and/or walkways; excavation for a basement, footings, piers or foundations or the erection of temporary forms; installation on the property of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor or other 5 Page 575 of 678 structural part of a building, whether or not that alteration affects the external dimensions of the building. 44 01 !T%V WK11611d IN 1=1 W,11 MINE ELVAM•. ME M1 .� MUM 111111 Oil NINON I W." NEW 1111 IN Chapter 1, Article VI 11, Section 1. D Appeals. Sec. 1. Administrative Official. D. Assignment ofAppeals. The City Commission or the Building Board of Adjustment and Appeals shall review all appeals. The assignment of each is as follows: 1. City Commission. The City Commission shall hear and decide all appeals regarding the administration, interpretation, or enforcement of any standard, provision, or regulation contained in the land development regulations, except for that which is identified in subparagraph b. below. 2. Building Board of Adjustment and Appeals. The owner of a building, structure, or service system, or duly authorized agent may appeal a decision of the Building Official or the Floodplain Administrator, as applicable, in his/her enforcement or administration of Chapter 4, Article IX, Building, Construction and Historic Preservation Requirements; Chapter 4, Article X, Flood Prevention Requirements; or whenever any one (1) of the following conditions are claimed to exist: a. The Building Official or the Floodplain Administrator, as applicable, rejected or refused to approve the mode or manner of construction proposed to be followed or materials to be used in the installation or alteration of a building, structure, or service system; b. The provisions of the city's current edition of the Administrative Amendments to the Florida Building Code do not apply to this specific case; c. That an equally good or more desirable form of installation can be employed in a specific case; or d. The true intent and meaning of the city's current edition of the Administrative Amendments to the Florida Building Code have been misconstrued or incorrectly interpreted. 11 Page 576 of 678 Chapter 2, Article IV, Section 2 and 4, Building Permit and Variances. Sec. 2. Building Permit. A. General. 1. Purpose and Intent. The purpose and intent of this section is to set forth a well-defined application process, review criteria, and uniform procedure for the processing of permit applications, to ensure that certain buildings, structures, and systems comply with the respective requirements and standards described in the Florida Building Code, including the City Administrative Amendments thereof, and these Land Development Regulations. 2. Applicability. A building or other structure shall not be erected, moved, added to, or structurally altered (including substantial improvements as defined by Chapter I, Article II), unless a building permit is issued by the city. A building permit shall not be issued by the Building Official or designee unless the application complies with the requirements of this article and the Florida Building Code, including the city's Administrative Amendments. All permit applications for new buildings, building expansions, major modifications or certain other improvements, must be consistent with any applicable and corresponding site plan, master plan or record plat. 3. Scope. The Florida Building Code is based on national model building codes and national consensus standards which are amended where necessary for Florida's specific needs. The code incorporates all building construction -related regulations for public and private buildings in the State of Florida other than those specifically exempted by F.S. § 553.73. It has been harmonized with the Florida Fire Prevention Code, which is developed and maintained by the Department of Financial Services, Office of the State Fire Marshal, to establish unified and consistent standards. B. Submittal Requirements. Application forms for building permits shall be provided by the Building Division. Unless the Building Official or designee determines otherwise, the applicant shall submit completed forms, provide all documentation, including plans and exhibits required by such applications, and pay all applicable fees as adopted by resolution by the City Commission. In addition to the information required on the applications, the permittee for any permit for construction in special flood hazard areas, which upon its completion would result in the issuance of a certificate of occupancy or certificate of completion, shall, ' prior to the issuance of such certificate of occupancy/completion- submit a stm 2. Elevation in relation to fnean sea level to whieh any Ron residential stmettir-e will be flead pr-aafed. 3. Gei4ifieafiaa by a Fier-ida registered engineer- or- ar-ehiteet that the stmettir-e fneets the flood proofing de elo PA 5. flood elevation or flood proofing certification after placement of the lowest floor and prior to further vertical construction meted, or in instances where the structure is subject to the regulations applicable to coastal high hazard areas, after placement of the horizontal structural members of the lowest floor and prior to further vertical construction. Within twenty-one (21) calendar days of establishment of the lowest floor elevation, or flood proofing by whatever construction means, or upon placement of the horizontal structural members of the lowest floor, whichever is applicable, the permit holder shall submit to the Development Department a certification of the elevation of the lowest floor, flood proofing elevation, or the elevation of the lowest portion of the horizontal structural members of the lowest floor, whichever is applicable, in relation to mean sea level. Said certification shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer. When flood proofing is utilized, certification shall be prepared by or under the direct supervision of a professional engineer or architect. Any work done within the twenty-one (21) -day calendar period and prior to submission of the certification shall Page 577 of 678 be at the permit holder's risk. The Development Department shall review the flood elevation survey data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to continuation of the work. Failure to submit the survey or failure to make said corrections shall cause issuance of a stop -work order for the project. 6. n stwvey E) f mangr-eve tree 14— Sec. 4 Sec.4. Variances. A. General. 1. Purpose and Intent. The purpose of this section is to provide an efficient relief process to allow for deviations from certain requirements and standards of the Florida Building Code, including the city's Administrative Amendments thereof, and the applicable regulations in the city's Land Development Regulations, in circumstances when the applicant is able to demonstrate a hardship. The intent of this application is not to provide a means for circumventing any such requirement or standard, but to allow for a departure from the code upon demonstration that the subject request satisfactorily addresses the review criteria contained herein, and without the necessity of amending the regulation to accommodate the requested relief. 2. Applicability. a. The owner of a building, structure, or service system, or duly authorized agent may appeal a decision from the Building Official whenever any one (1) of the following conditions is claimed to exist: (1) The Building Official rejected or refused to approve the mode or manner of construction proposed to be followed or materials to be used in the installation or alteration of a building, structure, or service system; (2) The provision of the Florida Building Code, including the city's Administrative Amendments thereto does not apply to this specific case; (3) That an equally good or more desirable form of installation can be employed in a specific case; or (4) The true intent and meaning of the Florida Building Code, including the city's Administrative Amendments thereto have been misconstrued or incorrectly interpreted; or b. The owner of a building, structure, or service system, or duly authorized agent may request relief to any of the following: (1) The Florida Building Code, including the city's Administrative Amendments and Technical Amendments; (2) Chapter 4, Article IX, Building, Construction, and Historic Preservation Requirements of the City's Code of Ordinances; or (3) Chapter 4, Article X, Flood Prevention Requirements of the City's Code of Ordinances; or c. Notice of appeal shall be filed within thirty (30) calendar days after the Building Official renders the refuted decision. B. Submittal Requirements. The application form shall be approved by the Building Official and maintained by the Building Division. In order for an application to be considered, it shall be accompanied by all documentation required by the application checklist. C. Review Criteria. The Building Board of Adjustment and Appeals, when so petitioned, and after a hearing, may vary the application of any provision of this Code to any particular case when, in its opinion, the enforcement thereof would do manifest injustice and would be contrary to the purpose and intent of this or the technical codes or public interest, and also finds all of the following general criteria in subsection 1. below: 1. General Criteria for All Variance Requests. a. That special circumstances exist that are peculiar to the building, structure, or service system involved, and which are not applicable to others; b. That the special conditions and circumstances do not result form the action or inaction of the applicant; c. That granting the variance requested will not confer on the applicant any special privilege that is RA Page 578 of 678 denied by this Code to other buildings, structures, or service systems; d. That the variance granted is the minimum variance that will make possible the reasonable use of the building, structure, or service system; and e. That the granting of the variance will be in harmony with the general intent and purpose of this Code and will not be detrimental to the public health, safety, and general welfare. 2. Special Criteria for Variance Applications Involving Deviations from Flood Prevention Regulations or the Flood Resistant Design Requirements of the Florida Building Code. An applicant for a variance shall submit a showing of good and sufficient cause and that failure to grant the variance would result in exceptional hardship due to the physical characteristics of the land (increased costs to satisfy the requirements or inconvenience do not constitute hardship). Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief, and Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. In passing upon such variance requests appeals, the Board shall determine that the granting of the variance will not result in increased flood heights; additional threats to public safety; extraordinary public expense; create nuisance; cause fraud on or victimization of the public; or conflict with existing local laws or ordinances. The Board shall consider all technical evaluations, all relevant factors, all standards specified in other sections of these Land Development Regulations, and: a. The danger that materials may be swept onto other lands to the injury of others. b. The danger to life and property due to flooding or erosion damage. c. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. d. The importance of the services provided by the proposed facility to the community. e. The necessity to the facility of a waterfront location, where applicable. f The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use. g. The compatibility of the proposed use with existing and anticipated development. h. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area. i. The safety of access to the property in times of flood for ordinary and emergency vehicles. j. The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site. k. The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. 3. Additional Reauirements for Flood Prevention Variances. a. Written Notice. Any applicant to whom a variance from the flood prevention requirements has been granted to allow construction of a lowest floor below the required elevation shall be given written notice specifying the difference between the base flood elevation and the elevation to which the structure is to be built and stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation (up to amounts as high as $25 for $100 of insurance coverage) and stating that construction below the base flood elevation increases risks to life and property. b. Historic Buildings and Structures. The repair, improvement, reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places, the State Inventory of Historic Places, or the Boynton Beach Register of Historic Places, are eligible for variances from the flood prevention requirements of the LDR without regard to the procedures set forth in this section upon evidence by the applicant that such actions would not adversely impact the historic designation of the structure. The Director of Development or designee shall maintain the records of granted variances. c. Functionally Dependent Uses. A variance is authorized to be issued for the construction or 3 Page 579 of 678 substantial improvement necessary for the conduct of a functionally dependent use, as defined in Chapter 1, Article II, provided the variance is the minimum necessary considering the flood hazard, and all due consideration has been given to use of methods and materials that minimize flood damaue during occurrence of the base flood. D. Approval Process. An application for variance approval requires review by staff to ensure it is eligible to be considered by the Building Board of Adjustment and Appeals. Once determined to be eligible for consideration, staff shall forward the variance application to the Building Board of Adjustment and Appeals, and such Board will review the request based on the review criteria listed above, and render its decision. See Section 112 of the City's Administrative Amendments to the Florida Building Code for the rules and regulations regarding the operating procedures of the Board. E. Expiration. See Section 112 of the city's Administrative Amendments to the FBC for the rules and regulations regarding the expiration of a variance granted by the Building Board of Adjustment and Appeals. F. Miscellaneous. 1. Conditions of Approval. The Building Board of Adjustment and Appeals may prescribe appropriate conditions and safeguards on the approval of any variance in accordance with Section 112 of the city's Administrative Amendments to the FBC. s has been granted shall be given wr-44ea nottee speeifying the diff-er-enee be:�weea the base flood will be eammeastir-ate with the iner-eased r-isk r-estilting ffam the r-edtieed lowest floor- elevation. r-ester-ation of stmettir-es listed an the National Register- of Histar-ie Plaees, the State laventafy of Histar-ie Development or- designee shall maintain the r-eear-ds of all appeal aetions and r-epai4 s to the "a" above, is the fmatfntifn neeessafy fninifnize flood damage dtir-ing aeetifFeaee of the base flood. (Ord. 10-025, passed 12-7-10; Am. Ord. 13-020, passed 7-2-13) 4 Page 580 of 678 EXHIBIT "C" Chapter 4, Article X, Flood Prevention Requirements. Sec. 1. General. A. Short Title. This article shall hereafter be known and cited as the "City Flood Prevention Code." B. Purpose and Intent. The purpose of this article and the flood load and flood resistant construction requirements of the Florida Building Code (FBC) are to establish minimum requirements to safeguard the public health, safety, and general welfare and to minimize public and private losses due to flooding through regulation of development in flood hazard areas to: 1. a. Minimize unnecessary disruption of commerce, access, and public service during times of flooding; b. Require the use of appropriate construction practices in order to prevent or minimize future flood damage; c. Manage filling, grading, dredging, mining, paving, excavation, drilling operations, storage of equipment or materials, and other development which may increase flood damage or erosion potential; d. Manage the alteration of flood hazard areas, watercourses, and shorelines to minimize the impact of development on the natural and beneficial functions of the floodplain; e. Minimize damage to public and private facilities and utilities; f Help maintain a stable tax base by providing for the sound use and development of flood hazard areas; g. Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events; h. Meet the requirements of the National Flood Insurance Program (NFIP) for community participation as set forth in the Title 44 Code of Federal Regulations (44 CFR); and i. To insure that potential homebuyers are notified that property is in a flood area. 2. Methods of Reducing Flood Loss. In order to accomplish its objectives, this article includes methods and provisions that are designed to: a. Restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; b. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; c. Control the alteration of natural floodplains, stream channels and natural protective barriers which are involved in the accommodation of flood waters; d. Control filling, grading, dredging and other development which may increase erosion or flood damage; and e. Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands. 3. This article is intended to be administered and enforced in conjunction with the Florida Building Code. Where cited, ASCE 24 refers to the edition of the standard that is referenced in the Florida Building Code. C. Administration. 1. Administrator. The Building Official is designated the Floodplain Administrator. The Floodplain Administrator shall have the authority to interpret and administer this article and may 1 Page 581 of 678 delegate performance of certain duties to other employees. The Floodplain Administrator shall have the authority to render interpretations of this article consistent with the intent and purpose of this article and may establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies, and procedures shall not have the effect of waiving requirements specifically provided in this article without the granting of a variance issued in accordance with Chapter 2, Article IV, Section 4. 2. Duties. Duties of the administrator or his designee shall include, but not be limited to: a. Review all development permits to determine whether proposed new development will be located in flood hazard areas to assure that the permit requirements of this article have been satisfied. This includes reviewing applications for modifications of any existing development in flood hazard areas. b. Advise permittee that additional federal or state permits may be required, and if specific federal or state permits are known, require that copies of such permits be provided and maintained on file with the development permit. Such permits include but are not limited to: i. The South Florida Water Management District, section 373.036, F.S. ii. Florida Department of Health for onsite sewage treatment and disposal systems, section 381.0065, F.S. and Chapter 64E-6, F.A.C. iii. Florida Department of Environmental Protection for construction, reconstruction, changes, or physical activities for shore protection or other activities seaward of the coastal construction control line, section 161.141, F.S. iv. Florida Department of Environmental Protection for activities subject to the Joint Coastal Permit, section 161.055, F.S. v. Florida Department of Environmental Protection for activities that affect wetlands and alter surface water flows, in conjunction with the U.S. Army Corps of Engineers, Section 404 of the Clean Water Act. vi. Federal permits and approvals. c. Notify adjacent communities and the state division of emergency management prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency (FEMA). d. Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood -carrying capacity is not diminished. (ifieluding basement) of all fiew or- substantially improved stpdetur-es, in aeear-dafiee with Ghapte.r- 2, An iAl, Seetien ? f Ver-ify and r-eear-d the aetual elevation (in r -elation to mean sea level) to whieh the fiew Al Seetien 2. pilings er- eeltimns in er-der- te withstand veleeity waters and httr+ieftne wft-�e Wash. h. hi eeastal high hazard areas, the administr-ater- shall obtain eet4ifieation for- the e. J -.--Where interpretation is needed as to the exact location of the boundaries of the areas Page 582 of 678 of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), the administrator shall make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Chapter 1, Article VIII, Section 1.D.2. k. When base flead elevation data has not been pr-evided in aeear-danee with Seetion 1.D. below, the administr-ater- shall obtain, review, and reasonably titilize any base flood elevation data available fFafn a federal, state, or- other- satir-ee, in order- to administer- the provisions of this ai4eeS to s2 and 4 below. 1. All r-eear-ds the provisions of this ai4iele shall be maintained in the Depai4fneat of Development and shall be open for- publie in f. fft, Determine whether additional flood hazard data shall be obtained from other sources or shall be developed by an applicant. g_ rr. Review applications to determine whether proposed development will be reasonably safe from flooding. h. Issue development permits or approvals for development other than buildings and structures that are subject to the FBC, including buildings, structures and facilities exempt from the FBC, when compliance with this article is demonstrated, or disapprove the same in the event of noncompliance. i. Coordinate with and provide comments to the Building Official to assure that applications, plan reviews, and inspections for buildings and structures in flood hazard areas comply with the applicable provisions of this article. 3. Substantial Improvement and Substantial Damage Determinations. For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, change of occupancy, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the Building Official, shall: a. Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made; b. Compare the cost to perform the improvement, the cost to repair a damaged building to its pre -damaged condition, or the combined costs of improvements and repairs, if applicable, to the market value of the building or structure; c. Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage; and d. Notify the applicant if it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the FBC and this article is required. 4. Modifications of the strict application of the requirements of the Florida Building Code. The Floodplain Administrator shall review requests submitted to the Building Official that seek approval to modify the strict application of the flood load and flood resistant construction requirements of the Florida Building Code to determine whether such requests require the granting of a variance pursuant to Chapter 2, Article IV, Section 4. 5.4 Notice and Orders. The Bttilding Offieial Floodplain Administrator shall coordinate with appropriate local agencies for the issuance of all necessary notices or orders to 3 Page 583 of 678 ensure compliance with this article. 6. Inspections. The Floodplain Administrator shall make the required inspections for development that is not subject to the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code and manufactured homes. The Floodplain Administrator shall inspect flood hazard areas to determine if development is undertaken without issuance of a permit. 7. Other Duties. The Building Offieial Floodplain Administrator shall have other duties, including but not limited to: a. Establish, in coordination with the Building Official, procedures for administering and documenting determinations of substantial improvement and substantial damage; b. Require that applicants proposing alteration of a watercourse notify adjacent communities and the Florida Division of Emergency Management, State Floodplain Management Office, and submit copies of such notifications to the Federal Emergency Management Agency (FEMA); c. Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the Flood Insurance Rate Maps (FIRM) if the analyses propose to change base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within six (6) months of such data becoming available; d. Review required design certifications and documentation of elevations specified by this e article and the FBC and this article to determine that such certifications and documentations are complete; e. Notify FEMA when the corporate boundaries of the city are modified; and f. Advise applicants for new buildings and structures, including substantial improvements, that are located in any unit of the Coastal Barrier Resources System established by the Coastal Barrier Resources Act (Pub. L. 97-348) and the Coastal Barrier Improvement Act of 1990 (Pub. L. 101-590 that federal flood insurance is not available on such construction; areas subject to this limitation are identified on the FIRM as "Coastal Barrier Resource System Areas" and "Otherwise Protected Areas." g. Floodplain Management Records. Regardless of any limitation on the period required for retention of public records, the Bttilding Offieial Floodplain Administrator shall maintain and permanently keep and make available for public inspection all records that are necessary for the administration of this e article and the flood resistant construction requirements of the FBC, including FIRM; Letters of Map Change; records of issuance of permits and denial of permits; determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; required design certifications and documentation of elevations specified by the FBC and this article ems: notifications to adjacent communities, FEMA, and the state related to alterations of watercourses; assurances that the flood carrying capacity of altered watercourses will be maintained; documentation related to appeals and variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to this e article and the flood resistant construction requirements of the FBC. These records shall be available for public inspection at the Development Department. D. Applicability. 1. Scope. This article applies to all development of real property located within the city, including areas of special flood hazard. Development shall include but not be limited to the subdivision of land; filling, grading, and other site improvements and utility installations; :l Page 584 of 678 construction, alteration, remodeling, enlargement, improvement, replacement, repair, relocation or demolition of buildings, structures, and facilities that are exempt from the Florida Building Code; placement, installation, or replacement of manufactured homes and manufactured buildings; installation or replacement of tanks; plaeomeat of - eati ,na ..ehiele ; installation of swimming pools; and any other development. 2. Basis for Establishing Flood Hazard Areas. The Flood Insurance Study (FIS) for Palm Beach County, Florida and Incorporated Areas dated October 5, 2017 the Goy .,f i2.,..nto Be h dated Mar -Eh 31,1992, and all subsequent amendments and revisions, and the accompanying FIRMS 120196 0001 0005 dated September- 30 1992, and all subsequent amendments and revisions to such maps, are adopted by reference as a part of this article and shall serve as the minimum basis for establishing flood hazard areas. Studies and maps that establish flood hazard areas are on file in the Development Department at the city. 3. Additional Data to Establish Flood Hazard Area. To establish flood hazard areas and base flood elevations pursuant to this article the Building Offieial Floodplain Administrator may require submission of additional data. Where field surveyed topography prepared by a Florida licensed professional surveyor or digital topography accepted by the community indicates that ground elevations: a. Are below the closest applicable base flood elevation, even in areas not delineated as a special flood hazard area on a FIRM, the area shall be considered as flood hazard area and subject to the requirements of this o article and, as applicable, the requirements of the FBC. b. Are above the closest applicable base flood elevation, the area shall be regulated as special flood hazard area unless the applicant obtains a Letter of Map Change (LOMC) that removes the area from the special flood hazard area. E. Terms and Definitions. See Chapter 1, Article 11 for all applicable terms and definitions which pertain to the regulations and standards contained herein. F. Rules. 1. Compliance. No structure or land shall hereafter be located, extended, converted, or structurally altered without full compliance with the terms of this article and other applicable regulations. 2. Abrogation. This article supersedes any ordinance in effect for management of development in flood hazard areas. However, it is not intended to repeal or abrogate any existing ordinances including but not limited to land development regulations, zoning ordinances, stormwater management regulations, or the FBC. In the event of a conflict between this e article and any other ordinance, the more restrictive shall govern. This article shall not impair any deed restriction, covenant or easement, but any land that is subject to such interests shall also be governed by this article. 3. Interpretation. In the interpretation and application of this article all provisions shall be: a. Considered as minimum requirements; b. Liberally construed in favor of the governing body; and c. Deemed neither to limit nor repeal any other powers granted under state statutes. G. Conflict. Whenever the regulations and requirements of this article Code conflict with any other lawfully enacted and adopted rules, regulations, ordinances, or laws, the most restrictive shall apply, unless otherwise stated herein. The provisions of this article shall not be deemed to nullify any provisions of local, state, or federal law. H. Relief from Requirements. Unless described otherwise, any deviation from the flood 61 Page 585 of 678 prevention regulations contained herein shall require approval of variance application, which is subject to review and approval by the Building Board of Adjustment and Appeals. A request for a variance shall be reviewed in accordance with Chapter 2, Article IV, Section 4. I. Warning and Disclaimer. The degree of flood protection required by this article and the FBC, as amended by this community, is considered the minimum reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by man made or natural causes. This a article does not imply that land outside of mapped special flood hazard areas, or that uses permitted within such flood hazard areas, will be free from flooding or flood damage. The flood hazard areas and base flood elevations contained in the FIS and shown on FIRM and the requirements of 44 CFR may be revised by the FEMA, requiring this community to revise these regulations to remain eligible for participation in the NFIP. No guaranty of vested use, existing use, or future use is implied or expressed by compliance with this o article. This article shall not create liability on the part of the city or by any officer or employee thereof for any flood damage that results from reliance on this e article or any administrative decision lawfully made thereunder. Sec. 2. City Approval Required. Any owner or owner's authorized agent who intends to undertake any development activity within the scope of this article, which is wholly within or partially within any flood hazard area shall first make application to the Building Offieia Floodplain Administrator or designee and shall obtain the required permit(s) and approval(s). No such permit or approval shall be issued until compliance with the requirements of this article and all other applicable codes and regulations has been satisfied. Flood zone elevation certification shall be required for improvements in applicable flood zones, and reviewed in accordance with the procedures set forth in Chapter 2, Article IV, Section 2 for any type of building permit application that upon its completion, would result in the issuance of a certificate of occupancy. With respect to building and land development permits, the site plan or construction documents for any development subject to the requirements of this article shall be drawn to scale and shall include, as applicable to the proposed development: A. Development in Flood Hazard Areas. 1. Delineation of flood hazard areas, floodway boundaries and flood zone(s), base flood elevation(s), and ground elevations if necessary for review of the proposed development. 2. Where base flood elevations, or floodway data are not included on the FIRM or in the FIS, they shall be established in accordance with Section 2.13. or Section 2.C. below. 3. Where the parcel on which the proposed development will take place will have more than fifty (50) lots or is larger than five (5) acres and the base flood elevations are not included on the FIRM or in the FIS, such elevations shall be established in accordance with Section 2.13. below. 4. Location of the proposed activity and proposed structures, and locations of existing buildings and structures; in coastal high hazard areas, new buildings shall be located landward of the reach of mean high tide. 5. Location, extent, amount, and proposed final grades of any filling, grading, or excavation. 6. Where the placement of fill is proposed, the amount, type, and source of fill material; compaction specifications; a description of the intended purpose of the fill areas; and evidence that the proposed fill areas are the minimum necessary to achieve the intended purpose. 7. Delineation of the Coastal Construction Control Line (CCCL) or notation that the site is seaward of the coastal construction control line, if applicable. L Page 586 of 678 8. Extent of any proposed alteration of sand dunes or mangrove stands, provided such alteration is approved by the Florida Department of Environmental Protection. 9. Existing and proposed alignment of any proposed alteration of a watercourse. The Building Offieial Floodplain Administrator is authorized to waive the submission of site plans, construction documents, and other data that are required by this article, but that are not required to be prepared by a registered design professional if it is found that the nature of the proposed development is such that the review of such submissions is not necessary to ascertain compliance with this o article. B. Information in Flood Hazard Areas without Base Flood Elevations (Approximate Zone A). Where flood hazard areas are delineated on the FIRM and base flood elevation data have not been provided, the Floodplain Administrator shall: 1. Require the applicant to include base flood elevation data prepared in accordance with currently accepted engineering practices. 2. Obtain, review, and provide to applicants base flood elevation and floodway data available from a federal or state agency or other source or require the applicant to obtain and use base flood elevation and floodway data available from a federal or state agency or other source. 3. Where base flood elevation and floodway data are not available from another source, where the available data are deemed by the Building Offs is Floodplain Administrator to not reasonably reflect flooding conditions, or where the available data are known to be scientifically or technically incorrect or otherwise inadequate: a. Require the applicant to include base flood elevation data prepared in accordance with currently accepted engineering practices; or b. Specify that the base flood elevation is two (2) feet above the highest adjacent grade at the location of the development, provided there is no evidence indicating flood depths have been or may be greater than two (2) feet. 4. Where the base flood elevation data are to be used to support a LOMC from FEMA, advise the applicant that the analyses shall be prepared by a Florida licensed engineer in a format required by FEMA, and that it shall be the responsibility of the applicant to satisfy the submittal requirements and pay the processing fees. C. Additional Analyses and Certifications. As applicable to the location and nature of the proposed development activity, and in addition to the requirements of this section, the applicant shall have the following analyses signed and sealed by a Florida licensed engineer for submission with the site plan and construction documents: 1. For development activities proposed to be located in a regulatory floodway, a floodway encroachment analysis that demonstrates that the encroachment of the proposed development will not cause any increase in base flood elevations; where the applicant proposes to undertake development activities that do increase base flood elevations, the applicant shall submit such analysis to FEMA as specified in Section 2.C.6. 2.G.5. below and shall submit the Conditional Letter of Map Revision (CLOMR), if issued by FEMA, with the site plan and construction documents. 2. For development activities proposed to be located in a riverine flood hazard area for which base flood elevations are included in the FIS or on the FIRM and floodways have not been designated, hydrologic and hydraulic analyses that demonstrate that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachments, will not increase the base flood elevation more than one (1) foot at any point within the community. This requirement does not apply in isolated flood hazard areas not 7 Page 587 of 678 connected to a riverine flood hazard area or in flood hazard areas identified as Zone AO or Zone AH. 3. Where small streams exist, but where no base flood data has been provided or where no floodways have been provided, no encroachments, including fill material or structures, shall be located within a distance of the stream bank equal to five (5) times the width of the stream at the top of bank or twenty (20) feet on each side from top of bank, whichever is greater, unless certification by a Florida registered engineer is provided demonstrating that such encroachments will not result in anv increase in flood levels during the occurrence of the base flood discharue. 4. For alteration of a watercourse, an engineering analysis prepared in accordance with standard engineering practices which demonstrates that the flood -carrying capacity of the altered or relocated portion of the watercourse will not be decreased, and certification that the altered watercourse shall be maintained in a manner which preserves the channel's flood -carrying capacity; the applicant shall submit the analysis to FEMA as specified in Section 2.C.6. 2.G.5. below. 5.4. For activities that propose to alter sand dunes or mangrove stands in coastal high hazard areas (Zone V), an engineering analysis that demonstrates that the proposed alteration will not increase the potential for flood damage. 6. -5- When additional hydrologic, hydraulic or other engineering data, studies, and additional analyses are submitted to support an application, the applicant has the right to seek a Letter of Map Change from FEMA to change the base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMS, and to submit such data to FEMA for such purposes. The analyses shall be prepared by a Florida licensed engineer in a format required by FEMA. Submittal requirements and processing fees shall be the responsibility of the applicant. Sec. 3. Minimum Finished Floor Elevation (Non -Flood Hazard Area). The finished floor elevation of all habitable space of new construction not located in a flood_ hazard areae shall be elevated a minimum of twelve (12) inches above the average crown height of the adjacent roadway. The finished floor elevation of all habitable space of building additions and/or substantial improvements not located in a flood hazard area zone shall be no lower than the existing finished floor elevation. Sec. 4. Minimum Lowest Floor in Areas of Indeterminate Drainage (Zone ,_,X001inimum Requirements and Higher Regulatory Standards for Flood— Hazard Areas. In areas of indeterminate drainage subject to sheet flow (Zone AO), lowest floors shall be at or above the elevation specified in the Florida Building Code or at least 2 feet above the average crown of road, whichever is higher. in all areas of speeial flood hazard the f ii,,,, in., r are-eda Page 588 of 678 ............ . . ..... . .......... �. !. MI - ------------ al-0,M. ............. !. i • . 111 . 11,111 I � I "M 110111.111ORM.- • . I I ... 11 1 mill 1101i'll...-Iiii.-.. WON I. 10 W- ElI. Page 589 of 678 10 Page 590 of 678 NRMI Mill a IN i WORM . ♦ !. ♦ ♦ !. M1. i \ . LIA 10 Page 590 of 678 i.10. .. NOVI) I. • ♦ !. MET!.liI! L 1,11,11 11111,11iOWN 11 Page 591 of 678 b. Be eampletely flead pr-aafed to E)r- above that levei se that any spaee belaw that level has watei4ight walls substantially impefmeable to the passage of water-; stmetur-al eampefients F. Ninq4 N#eams. Wher-e small streams &Eist, but where fie base flead data has been pr-avided E)r- where fie fleadways have been pr-avided, the fallowing pr-evisions app!�- within a distanee of the str-eam bank equal to five (5) times the width of the s4eam at the top of bank ar-:�wefity (20) feet an eaeh side ffam top of bank, whiehever- is greater-, tifiless eel4ifieation— stmetur-es shall be elevated E)r- flead pr-aafed in aeear-dafiee with elevations established M aeee ee with Seetien 1.G.4—abeve l hazard area, buildings and stmettir-es shall be designed and eanstmeted to eamply with the me Sec. 5. Specific Requirements by Type of Improvement or Development. A. Site Improvements, Utilities and Limitations. 1. General. All proposed new development shall be reviewed to determine that: a. Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding; b. All public utilities and facilities such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage; and c. Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwaters around and away from proposed structures. 2. Sanitary Sewage Facilities. All new and replacement sanitary sewage facilities, private sewage treatment plants (including all pumping stations and collector systems), and on-site waste disposal systems shall be designed in accordance with the standards for onsite sewage treatment and disposal systems in FAC Chapter 64E-6 and ASCE 24, Chapter 7 to minimize or eliminate infiltration of floodwaters into the facilities and discharge from the facilities into floodwaters, and impairment of the facilities and systems. 3. Water Supply Facilities. All new and replacement water supply facilities shall be designed in accordance with the water well construction standards in FAC Chapter 62-532.500 and ASCE 24, Chapter 7 to minimize or eliminate infiltration of floodwaters into the systems. 4. Limitations on Placement of Fill. Subject to the limitations of this e article, fill shall be designed to be stable under conditions of flooding including rapid rise and rapid drawdown of floodwaters, prolonged inundation, and protection against flood -related erosion and scour. In addition to these requirements, if intended to support buildings and structures (Zone A only), fill shall comply with the requirements of the FBC. 12 Page 592 of 678 5. Limitations on Sites in Regulatory Floodways. No development, including but not limited to site improvements, and land disturbing activity involving fill or regrading, shall be authorized in the regulatory floodway unless the floodway encroachment analysis required in Section 2.C.1 of this article demonstrates that the proposed development or land disturbing activity will not result in any increase in the base flood elevation. B. Subdivision Standards. 1. General. The following provisions shall apply for all subdivision proposals: a. All subdivision proposals shall be consistent with the need to minimize flood damage. b. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. c. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards. d. Base flood elevation data shall be provided for subdivision proposals and other proposed development which contains more than fifty (50) lots or is larger than five (5) acres. e. Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwaters around and away from proposed structures. 2. Subdivision Plats. Where any portion of proposed subdivisions, including manufactured home parks and subdivisions, lies within a flood hazard area, the following shall be required: a. Delineation of flood hazard areas, floodway boundaries and flood zones, and design flood elevations, as appropriate, shall be shown on preliminary plats ; b. Where the subdivision has more than fifty (50) lots or is larger than five (5) acres and base flood elevations are not included on the FIRM, the base flood elevations determined in accordance with the requirements contained herein; and c. Compliance with the site improvement and utilities requirements contained herein of this a article C. Manufactured Homes. 1. General. All manufactured homes installed in flood hazard areas shall be installed by an installer that is licensed pursuant to F.S. § 320.8249, and shall comply with the requirements of FAC Chapter 15C-1 and the requirements of this article. If located seaward of the CCCL, all manufactured homes shall comply with the more restrictive of the applicable requirements. 2. Foundations. All new manufactured homes and replacement manufactured homes installed in flood hazard areas shall be installed on permanent, reinforced foundations that: a. In flood hazard areas (Zone A) other than coastal high hazard areas, are designed in accordance with the foundation requirements of the FBC, Residential Section R322.2 and this article. Foundations for manufactured homes subject to Section 5.C.6 below are permitted to be reinforced piers or other foundation elements of at least equivalent strength. b. In coastal high hazard areas (Zone V), are designed in accordance with the foundation requirements of the FBC, Residential Section R322.3 and this article. 3. Anchoring. All new manufactured homes and replacement manufactured homes shall be installed using methods and practices which minimize flood damage and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement. Methods of anchoring include, but are not limited to, use of over -the -top or frame ties to ground anchors. This anchoring requirement is in addition to applicable state and local anchoring requirements for wind resistance. 13 Page 593 of 678 4. Elevation. Manufactured homes that are placed, replaced, or substantially improved shall comply with Section 5.C.5. or aPA Section 5.C.6. below, as applicable. 5. General Elevation Requirement. Unless subject to the requirements of Section 5.C.6. below, all manufactured homes that are placed, replaced, or substantially improved on sites located: 1) outside of a manufactured home park or subdivision; 2) in a new manufactured home park or subdivision; 3) in an expansion to an existing manufactured home park or subdivision; or 4) in an existing manufactured home park or subdivision upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated such that the bottom of the frame is at or above the elevation required, as applicable to the flood hazard area, in the FBC, Residential Section R322.2 (Zone A) or Section R322.3 (Zone V). 6. Elevation Requirement for Certain Existing Manufactured Home Parks and Subdivisions. Manufactured homes that are not subject to Section 5.C.5. of this article, including manufactured homes that are placed, replaced, or substantially improved on sites located in an existing manufactured home park or subdivision, unless on a site where substantial damage as result of flooding has occurred, shall be elevated such that either the: a. Bottom of the frame of the manufactured home is at or above the elevation required, as applicable to the flood hazard area, in the FBC, Residential Section R322.2 (Zone A) or Section R322.3 (Zone V); or b. Bottom of the frame is supported by reinforced piers or other foundation elements of at least equivalent strength that are not less than thirty-six (36) inches in height above grade. 7. Enclosures. Enclosed areas below elevated manufactured homes shall comply with the requirements of the FBC, Residential Section R322 for such enclosed areas, as applicable to the flood hazard area. 8. Utility Equipment. Utility equipment that serves manufactured homes, including electric, heating, ventilation, plumbing, and air conditioning equipment and other service facilities, shall comply with the requirements of the FBC, Residential Section R322, as applicable to the flood hazard area. D. Tanks. 1. Underground Tanks. Underground tanks in flood hazard areas shall be anchored to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty. 2. Above -Ground Tanks, Not Elevated. Above -ground tanks that do not meet the elevation requirements of Section 5.13.3. below shall: a. Be permitted in flood hazard areas (Zone A) other than coastal high hazard areas, provided the tanks are anchored or otherwise designed and constructed to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty and the effects of flood -borne debris. b. Not be permitted in coastal high hazard areas (Zone V). 3. Above -Ground Tanks, Elevated. Above -ground tanks in flood hazard areas shall be attached to and elevated to or above the design flood elevation on a supporting structure that is designed to prevent flotation, collapse or lateral movement during conditions of the design flood. Tank -supporting structures shall meet the foundation requirements of the applicable flood hazard area. 4. Tank Inlets and Vents. Tank inlets, fill openings, outlets and vents shall be: 14 Page 594 of 678 a. At or above the design flood elevation or fitted with covers designed to prevent the inflow of floodwater or outflow of the contents of the tanks during conditions of the design flood; and b. Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the design flood. E. Buildings and Structures. 1. Buildings, structures, and facilities that are exempt from the Florida Building Code. Buildings, structures, and facilities that are exempt from the Florida Building Code, including substantial improvement or repair of substantial damage of such buildings, structures and facilities, shall be designed and constructed in accordance with the flood load and flood resistant construction requirements of ASCE 24. Structures exempt from the Florida Building Code that are not walled and roofed buildings shall comply with the requirements of Section 5.F below. 2. Buildings and structures seaward of the coastal construction control line. If extending, in whole or in part, seaward of the coastal construction control line and also located, in whole or in part, in a flood hazard area: a. Buildings and structures shall be designed and constructed to comply with the more restrictive applicable requirements of the Florida Building Code, Building Section 3109 and Section 1612 or Florida Building Code, Residential Section R322. b, Minor structures and non -habitable major structures as defined in section 161.54, F. S., shall be designed and constructed to comply with the intent and applicable provisions of this ordinance and ASCE 24. F. Other Development. 1. General Requirements for Other Development. All development, including man-made changes to improved or unimproved real estate for which specific provisions are not specified in this article or the Florida Building Code, shall: a. Be located and constructed to minimize flood damage, b. Meet the limitations of Section 5.A.5 of this article if located in a regulated floodway, c. Be anchored to prevent flotation, collapse or lateral movement resultingfrom rom hydrostatic loads, including the effects of buoyancy, during conditions of the design flood, d. Be constructed of flood damage -resistant materials, and e. Have mechanical, plumbing, and electrical systems above the design flood elevation or meet the requirements of ASCE 24, except that minimum electric service required to address life safety and electric code requirements is permitted below the design flood elevation provided it conforms to the provisions of the electrical part of building code for wet locations. 2. Fences in Regulated Floodways. Fences in regulated floodways that have the potential to block the passage of floodwaters, such as stockade fences and wire mesh fences, shall meet the limitations of Section 5.A.5 of this article. 15 Page 595 of 678 3. Retaining Walls, Sidewalks and Driveways in Regulated Floodways. Retaining walls and sidewalks and driveways that involve the placement of fill in regulated floodways shall meet the limitations of Section 5.A.5 of this article. 4. Roads and Watercourse Crossings in Regulated Floodways. Roads and watercourse crossings, including roads, bridges, culverts, low-water crossings and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side, that encroach into regulated floodways shall meet the limitations of Section 5.A.5 of this article. Alteration of a watercourse that is part of a road or watercourse crossing shall meet the requirements of Section 2.C.1 of this article. 5. Concrete Slabs Used as Parking Pads, Enclosure Floors, Landings, Decks, Walkways, Patios and Similar Nonstructural Uses in Coastal High Hazard Areas (Zone V). In coastal high hazard areas, concrete slabs used as parking pads, enclosure floors, landings, decks, walkways, patios and similar nonstructural uses are permitted beneath or adjacent to buildings and structures provided the concrete slabs are designed and constructed to be: a. Structurally independent of the foundation system of the building or structure, b. Frangible and not reinforced, so as to minimize debris during flooding that is capable of causing significant damage to any structure, and c. Have a maximum slab thickness of not more than four (4) inches. 6. Decks and Patios in Coastal High Hazard Areas (Zone V). In addition to the requirements of the Florida Building Code, in coastal high hazard areas decks and patios shall be located, designed, and constructed in compliance with the following_ a. A deck that is structurally attached to a building or structure shall have the bottom of the lowest horizontal structural member at or above the design flood elevation and any supporting members that extend below the design flood elevation shall comply with the foundation requirements that apply to the building or structure, which shall be designed to accommodate any increased loads resulting from the attached deck. b. A deck or patio that is located below the design flood elevation shall be structurally independent from buildings or structures and their foundation systems, and shall be designed and constructed either to remain intact and in place during design flood conditions or to break apart into small pieces to minimize debris during flooding that is capable of causing structural damage to the building or structure or to adjacent buildings and structures. c. A deck or patio that has a vertical thickness of more than twelve (12) inches or that is constructed with more than the minimum amount of fill necessary for site drainage shall not be approved unless an analysis prepared by a qualified registered design professional demonstrates no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to the building or structure or to adjacent buildings and structures. d. A deck or patio that has a vertical thickness of twelve (12) inches or less and that is at natural grade or on nonstructural fill material that is similar to and compatible with local soils M Page 596 of 678 and is the minimum amount necessary for site drainage may be approved without requiring analysis of the impact on diversion of floodwaters or wave runup and wave reflection. 7. Other Development in Coastal High Hazard Areas (Zone V). In coastal high hazard areas, development activities other than buildings and structures shall be permitted only if also authorized by the appropriate federal, state or local authority, if located outside the footprint of, and not structurally attached to, buildings and structures, and if analyses prepared by qualified registered design professionals demonstrate no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to adjacent buildings and structures. Such other development activities include but are not limited to: a. Bulkheads, seawalls, retaining walls, revetments, and similar erosion control structures, b, Solid fences and privacy walls, and fences prone to trapping debris, unless designed and constructed to fail under flood conditions less than the design flood or otherwise function to avoid obstruction of floodwaters, and C. On-site sewage treatment and disposal systems defined in 64E-6.002, F.A.C., as filled systems or mound systems. 8. Nonstructural Fill in Coastal High Hazard Areas (Zone V). In coastal high hazard areas: a. Minor grading and the placement of minor quantities of nonstructural fill shall be permitted for landscaping and for drainage purposes under and around buildings. b. Nonstructural fill with finished slopes that are steeper than one unit vertical to five units horizontal shall be permitted only if an analysis prepared by a qualified registered design professional demonstrates no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to adjacent buildings and structures. c. Where authorized by the Florida Department of Environmental Protection or applicable local approval, sand dune construction and restoration of sand dunes under or around elevated buildings are permitted without additional engineering analysis or certification of the diversion of floodwater or wave runup and wave reflection if the scale and location of the dune work is consistent with local beach -dune morphology and the vertical clearance is maintained between the ton of the sand dune and the lowest horizontal structural member of the building. Sec. 6. Appeals. The Building Board of Adjustment and Appeals shall hear and decide on requests for appeals from the strict application of this article and of the flood resistant construction requirements of the FBC, excluding Section 3109 or latest supplement thereof. Sec. 7. Penalties. The city or any other legal authority shall enforce any violation of this article pursuant to the penalty provisions contained in Chapter 1, Article I, Section 7 of these Land Development Regulations. 17 Page 597 of 678 EXHIBIT "D" Description Number I Date 1. Flood Insurance Study (FIS) 12099CVOOOA I October 5, 2017 All FIRM Maps and FIS Report are available online for Page 598 of 678 Description Map Number Date 1. Flood Insurance Rate Map (FIRM) Index 12099CINDIA October 5, 2017 2. Flood Insurance Rate Map (FIRM) Index 12099CIND2A October 5, 2017 3. Flood Insurance Rate Map (FIRM) 12099C0778F October 5, 2017 4. Flood Insurance Rate Map (FIRM) 12099C0779F October 5, 2017 5. Flood Insurance Rate Map (FIRM) 12099C0783F October 5, 2017 6. Flood Insurance Rate Map (FIRM) 12099C0786F October 5, 2017 7. Flood Insurance Rate Map (FIRM) 12099C0787F October 5, 2017 8. Flood Insurance Rate Map (FIRM) 12099C0788F October 5, 2017 9. Flood Insurance Rate Map (FIRM) 12099C0789F October 5, 2017 10. Flood Insurance Rate Map (FIRM) 12099C0791F October 5, 2017 11. Flood Insurance Rate Map (FIRM) 12099C0793F October 5, 2017 12. Flood Insurance Rate Map (FIRM) 12099C0976F October 5, 2017 13. Flood Insurance Rate Map (FIRM) 12099C0977F October 5, 2017 14. Flood Insurance Rate Map (FIRM) 12099C0981F October 5, 2017 All FIRM Maps and FIS Report are available online for Page 598 of 678 0 O Ul) �+ 4-j o -- a� cn co 0 0 0 a W m E =1■ 11 w O a) 7� O V w w E V • I 0 9 E a) 7� O c� I Gil MR, El O N E co 0 0 co 0- rm m I�T m m 0 O O CA O - ER, E R, ER, O O V WA u E CA - cm .r 4-jict- CA M. I PIC 'A E ©■ E -6 0 0c 6-6 2 2 -6 0 0 rl$ 0 0 71 0 0m N CD 0 V 0 i_— CL r - U 0— 5T, o CL Ic Si. 10 o I E o E stl> 0 0 0 —E 0 0 22 SW A 00 I- 0 C) co E 5% q, 'S", wSIE Ax ma", Fy t uj V z Ix 74 01 00 I- 0 C) co 5% q, 'S", wSIE Ax ma", t Hitt z Ix fists ms 01 Ul, AS GNU 1, MS s3 ss,'IS ui iN SAV 1 fl, co 0 LO 0 co `J co I- 0 m 0 a� co d 9.H. PUBLIC HEARING 9/19/2017 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 17-020- SECOND READING -PUBLIC HEARING -AMEND THE LAND DEVELOPMENT REGULATIONS, Chapter 1, Article 11. Definitions and Article V, Section 2, Workforce Housing Program, to convert the mandatory inclusionary zoning program to an incentivized program emphasizing project density and building height. (Second Reading advertised for September 19, 2017) EXPLANATION OF REQUEST: On November 15, 2016, the City Commission suspended the Workforce Housing Program (WHP) for one (1) additional year to allow staff time to update the 2006 Housing Study Assessment and to develop recommended changes to the program. On April 19, 2017, a City Commission workshop was held to discuss the recommended changes by staff and to provide direction on how to amend the W HP. On June 6, 2017, staff presented draft amendments to the City Commission for discussion and feedback prior to commencement of the codification process. The proposed amendments to the Workforce Housing Program within Chapter 1 of the LDR are indicated in Exhibit "A" (Article 11. "Definitions"), and Exhibits "B 1" and "132" (Article V. amendments to program details) in both strikethrough and clean -text versions, respectively. The most notable amendments are summarized below: • Conversion from mandatory to voluntary program. • Utilization of Downtown Transit -Oriented Development District (DTODD) 25% density bonus as incentive for workforce housing. • Addition of a height bonus as incentive for workforce housing in the Downtown Transit -Oriented Development District. • Adjustment to set-aside percentages to increase participation • Addition of an in -lieu fee option for rental projects. • Adjustment of in -lieu fees based on current market data. • Adjustment to duration of restrictive covenants for rental and for sale projects. The Planning and Development Board reviewed the subject amendments at their July 25, 2017 meeting and forwards the request with a recommendation of approval. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The proposed code amendment will provide flexibility in the workforce -housing program by encouraging participation through incentives and options that promote workforce housing based on current market data/trends. FISCAL IMPACT: Non -budgeted Future responsibility for, and funding of, ongoing monitoring and compliance. ALTERNATIVES: Page 607 of 678 Do not approve amendments to the work -force housing program and allow to remain in suspension. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Staff Report D Exhibit D Exhibit Description Ordinance Amending Work -force Housing Program Staff Report Exhibit "A" ® Definitions Exhibit " B 1" - Work -force Housing Program—Strikethrough Exhibit "132" - Work -force Housing Program—Clean Work -force Housing Program Presentation Page 608 of 678 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 ORDINANCE NO. 17 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS, CHAPTER 1, ARTICLE 11, "DEFINITIONS"; AMENDING CHAPTER 1, ARTICLE V. "HOUSING INITIATIVES", SECTION 2, "WORKFORCE HOUSING PROGRAMS" TO CONVERT THE MANDATORY INCLUSIONARY ZONING PROGRAM TO AN INCENTIVIZED PROGRAM EMPHASIZING PROJECT DENSITY AND BUILDING HEIGHT; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the Workforce Housing Program was adopted by the City Commission on April 3, 2007; and WHEREAS, on November 15, 2016 the City Commission approved the suspension of the Workforce Housing Program for one additional year to allow staff time to update the 2006 Housing Study Assessment and to develop recommended changes to the program; and WHEREAS, a City Commission workshop was held to discuss the recommended changes by staff and to provide direction on how to amend the Workforce Housing Program; and WHEREAS, staff presented draft amendments to the City Commission for discussion and feedback prior to commencement of the codification process; and WHEREAS, the City Commission has considered the recommendations and has determined and finds that it is in the best interest of the citizens and residents of the City of Boynton Beach, Florida to approve the amendments to the Land Development Regulations Workforce Housing Program as contained herein. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. -1- C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\7F9868E4-BFCA-4340-8963-A6DAFB91F97F\Boynton Beach. 6360.1.Workforce_Housing_ Program_(2017)_-_0rdinance.docx Page 609 of 678 I Section 2. The Land Development Regulations of the City of Boynton Beach Code 2 of Ordinances, Chapter 1, Article II, Definitions is hereby amended as follows: 3 Chapter I, Article II, Definitions 4 DEED RESTRICTION - Each workforce housing unit created under the program shall be deed 5 restricted for fifteen (15) years. The deed restriction shall be recorded and serve to restrict the 6 sales or rental price and/or the income of the purchaser or renter. 7 DEVELOPMENT - A single use or combination of uses, proposed or approved, that may 8 include but not be limited to a single-family subdivision, townhomes, rental apartments, 9 condominiums, public facilities, commercial buildings, shopping centers, or industrial projects, 10 possibly of similar design, constructed as a unified community. Development shall also include 11 the meaning given it in F.S. § 380.04, pursuant to a development order or permit 12 13 ELIGIBLE OCCUPANT - Relative to the workforce housing program contained in these 14 Regulations, it is a person who qualifies for participation in the program whose income does not 15 exceed one hundred twenty percent (120%) of median household income for the City of Boynton 16 Beach. Priority will be given to persons who have lived or worked within the city limits of 17 Boynton Beach continually for one (1) year immediately prior to the date of application for a 18 workforce housing unit. 19 20 LOW INCOME HOUSEHOLD - Under the workforce housing program provisions of these 21 regulations, it is a household with a gross, combined income below eighty percent (80%) of the 22 City of Boynton Beach median household income. 23 MEDIAN HOUSEHOLD INCOME (MHI) - Under the workforce housing program 24 provisions of these regulations, it is the City of Boynton Beach Median Household Income, as 25 determined by the most recent 5 -year estimate of the U.S. Census Bureau American Community 26 Survey. 27 28 MODERATE INCOME HOUSEHOLD - Under the workforce housing program provisions 29 of these regulations, it is a household with a gross, combined income between eighty percent 30 (80%) and one hundred twenty percent (120%) of the City of Boynton Beach median household 31 income. 32 33 RESTRICTIVE COVENANT AND AGREEMENT - The covenants that govern the initial 34 sale and rental and subsequent resale and releasing of workforce housing units created under the 35 workforce housing program. The term of the restrictive covenant and agreement is fifteen (15) 36 years. 37 WORKFORCE HOUSING UNIT - A dwelling to be sold or leased to an individual or family 38 that is income qualified in which the rent or mortgage payments (including principal, interest, -2- C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\7F9868E4-BFCA-4340-8963-A6DAFB91F97F\Boynton Beach. 6360.1.Workforce_Housing_ Program_(2017)_-_0rdinance.docx Page 610 of 678 I taxes, insurance and homeowner association fees) does not exceed thirty percent (30%) of the 2 gross income of households that are classified as low or moderate income households. 3 4 Section 3. The Land Development Regulations of the City of Boynton Beach Code 5 of Ordinances, Chapter 1, Article V, Section 2, "Workforce Housing Program" is hereby 6 amended as follows: 7 ARTICLE V. HOUSING INITIATIVES 8 9 Sec. 2. Workforce Housing Program. 10 A. Findings. 11 1. Housing Shortage. The City Commission having conducted a Housing Assessment 12 Study (Attachment A) has determined that new home prices and rents are not affordable to the 13 everyday working families and citizens of the city; 14 2. Florida Statutes. F.S. § 166.04151 provides that a municipality may adopt and maintain 15 any ordinance that is adopted for the purpose of increasing the supply of workforce housing 16 using land use mechanisms not withstanding any other provision of law; 17 3. Housing Cost/Wage Gap. The City Commission recognizes that there is a growing gap 18 between housing costs and wages in the city; 19 4. Public Interest. The City of Boynton Beach has a legitimate public interest in 20 preserving the character and quality of neighborhoods which requires assuring the availability 21 of workforce housing for low and moderate income persons in the city; 22 5. Sense of Community. The city recognizes that the need to provide workforce housing 23 is critical to maintaining a diversified and sustainable city having the character and sense of 24 community where people can live and work in the same area; and 25 6. Housing Availability. The city is encouraging the production and availability of 26 workforce housing and at the same time is cognizant that escalating land costs and rapidly 27 diminishing amounts of land hinder the provision of sufficient workforce dwelling units by the 28 private sector. 29 B. Applicability. The program is voluntary. Developers who choose to participate may be 30 awarded incentives outlined further in this article. The following regulations shall apply only to 31 development applications for projects eligible for the Downtown Transit -Oriented 32 Development District's (DTOD's) density increase of twenty five percent (25%), with an 33 underlying land use and zoning category permitting the density in excess of fifteen (15) 34 dwelling units per acre. 35 36 3. Developments whose previous approval was consistent with Section 2.13.1. above. 37 -3- C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\7F9868E4-BFCA-4340-8963-A6DAFB91F97F\Boynton Beach. 6360.1.Workforce_Housing_ Program_(2017)_-_0rdinance.docx Page 611 of 678 I C. Provisions. The developer may elect to obtain higher density as part of the DTODD's 2 25% density bonus and/or a height bonus through the construction of the workforce units on - 3 site or off-site, monetary contribution, donation of land or purchase of units to be designated as 4 workforce, subject to the limits and requirements of this article. 5 I. Construction of workforce units on-site: 6 1. To be eligible for the requested higher density as part of the DTODD's (25%) density 7 bonus through the construction of workforce units on-site, the developer must incorporate such 8 units into the development as follows: 9 10 11 12 a. Projects using DTODD density bonus alone or in conjunction with the height bonus of 13 one (1) additional story (up to a maximum of 12 feet) shall designate ten percent (10%) of the 14 total proposed units as workforce housing units. 15 b. Projects with the Mixed Use Medium or Mixed Use High future land use classifications 16 may use the height bonus alone; such bonus can include two (2) additional stories (up to a 17 maximum of 24 feet) and shall only be granted to projects located in the Cultural or Boynton 18 Beach Boulevard district, designating twenty percent (20%) of the total proposed units as 19 workforce housing units. 20 21 22 c. Eligible land use classifications and zoning districts (Table 1-2). 23 24 Land Use Classification Zoning Districts M H Infill Planned Unit Development (Il'UD) 11 du/acre S Infill Planned Unit Development 20 du/acre Mixed Use Low MU -1 Mixed Use Medium MMU -2 and MU -3 8 Mixed Use High Mixed Use MU -4 and MU -Core Mixed Use -Low Intensity 3 (MU -L3 40 du/acre -4- C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\7F9868E4-BFCA-4340-8963-A6DAFB91F97F\Boynton Beach. 6360.1.Workforce_Housing_ Program_(2017)_-_Ordinance.docx Page 612 of 678 1 2. Household (Income) Type. Twenty-five percent (25%) of the total required workforce 2 housing units shall be set aside for low income households. Seventy-five percent (75%) of the 3 total required workforce housing units shall be set aside for moderate income households. 4 3. Fractions. If the number of workforce housing units results in a fractional remainder 5 greater than one-half (0.50), the number shall be rounded up. If the required number of 6 workforce housing units results in a fractional number less than one-half (0.50), the number 7 shall be rounded down. 8 4. Number of Units. The workforce housing units provided shall have the same 9 percentage of unit types as market rate units within the development. The unit types include 10 the category of structure (single-family detached and attached, multifamily), for rent versus for 11 sale units, and the number of bedrooms. Relief from this provision may be granted if the 12 intended purpose is to address particular needs of the community, substantiated by the provided 13 data/analysis. 14 5. Staff Approval. At the time of application for land use amendment and rezoning, 15 the project must be reviewed and signed off by the Community Improvement Division of the 16 city as part of the site plan approval process for compliance with affordability guidelines and 17 number of units qualifying as workforce. 18 6. Site Plan. The site plan shall clearly identify the location of workforce housing 19 units. Additionally, tabular data must be included on the site plan showing the address or unit 20 number, total number of units, number of bedrooms of workforce housing units and the 21 targeted income levels. This shall be included with the market rate data. 22 7 Sale Restrictions. Workforce housing units shall, be regulated in terms of: 23 a. Initial sales price or rent levels; and 24 b. Subsequent resale prices or leasing rates. 25 c. If compliance with a land development standard would preclude construction of a 26 residential or mixed use development in which workforce housing units are included, pursuant 27 to this chapter, the applicant may submit a proposal for waiver or reduction of the development 28 standard. The applicant shall show that the waiver or reduction of the development standard is 29 necessary to make the workforce housing units economically feasible and that such a waiver 30 will not compromise any of the city's life or safety standards. 31 8. Recording the Restrictive Covenant. Prior to the issuance of any building permit, the 32 restrictive covenant and agreement shall be recorded in the public records of Palm Beach 33 County. The term of the restrictive covenant shall be fifteen (15) years. A copy of the 34 recorded covenant and agreement shall be provided to the city prior to the issuance of the 35 building permit. 36 37 11. In -Lieu and off-site options. The following options in -lieu of construction of workforce 38 unit on-site will be based on the number of units as indicated in sections C.I.a/b and C.I.3 39 above. 40 1. Payment In -Lieu (Table 1-3). Contributions per unit listed in the table below shall accrue 41 to the Boynton Beach Housing Trust to be utilized to subsidize the creation of workforce -5- C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\7F9868E4-BFCA-4340-8963-A6DAFB91F97F\Boynton Beach. 6360.1.Workforce_Housing_ Program_(2017)_-_Ordinance.docx Page 613 of 678 I housing within the city. In -lieu of fees shall be paid in full prior to the issuance of building 2 permit. Payment In Lieu of Construction of Workforce Housing Units (per unit) OFor-sale unit $ $39,293 TFor rent units $ $18,380 T $ 4 Note: Payment -in -lieu amounts shall be revised every two (2) years, based on (i) median single-family home sale 5 price for Palm Beach County provided by Realtors' Association of the Palm Beaches, and (ii) average monthly 6 apartment rent for the Boynton Beach market provided by Reinhold P. Wolff Economic Research, Inc. 8 2. Donation of Land. The value of the land shall equal or exceed the total "in -lieu of" fee 9 for all workforce units or shall be of sufficient size to develop the same number of units. The 10 value of the donated land must be verified by a MAI appraisal no more than three (3) months 11 old. The appraisal shall be obtained by developer at developer's cost to verify the value of 12 donated land. The land shall be deeded to the city prior to the issuance of a final certificate of 13 occupancy for the development. 14 3. Off -Site Construction. The workforce housing units may be built off-site. All off-site 15 workforce housing units shall comply with all sections of these Regulations. 16 4. Purchase Market Rate Units. Purchase an equivalent number of existing market rate 17 units to be deeded to the city or sold to eligible households. Such units shall be deed restricted 18 to comply with the Workforce Housing Ordinance. The developer may retain the title to off - 19 site units subject to recordation of a city approved deed restriction. 20 21 D. The following requirements shall apply to built or purchased workforce units: 22 I. Rental Housing Units. 23 1. Recording of the Restrictive Covenant. A restrictive covenant shall be recorded in the 24 public records specifying the income level served, rent levels, reporting requirement and all 25 restrictions applicable to the workforce housing units. All leases on workforce housing units 26 shall contain language incorporating the restrictive covenant applicable to the workforce 27 housing units and shall reference the recorded restrictive covenant. The restrictive covenant 28 shall remain in force for fifteen (15) years. 29 30 2. Rental Rates. 31 a. Units targeted to low income households at below eighty percent (80%) of the City 32 ofBoynton Beach median household income shall not have rental rates that exceed one hundred 33 percent (100%) of the HUD determined fair market rent for the area. -6- C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\7F9868E4-BFCA-4340-8963-A6DAFB91F97F\Boynton Beach. 6360.1.Worktorce_Housing_ Program_(2017)_-_0rdinance.docx Page 614 of 678 I b. Units targeted to moderate income households at eighty percent (80%) to the one 2 hundred twenty percent (120%) of the City ofBoynton Beach median household income shall 3 not exceed one hundred percent (100%) of the HUD determined fair market rent for the area. 4 3. Tenant Income Qualification. Tenant income qualification records shall be maintained 5 on-site and a yearly report shall be forwarded to the Community Improvement Division of the 6 City of Boynton Beach for compliance determination. 7 11. For -Sale Housing Units. 8 1. Restrictive Covenant. All deeds shall include the restrictive covenant applicable to 9 workforce housing units. All sales contracts shall state that the unit is part of a workforce 10 housing program and subject to the Land Development Regulations of the city. The restrictive 11 covenant shall remain in force for fifteen (15) years. The form of deed for workforce housing 12 units shall be approved by the City Attorney. 13 2. Resale. The restrictive covenants shall state that during the affordability term, the 14 resale of a workforce housing unit shall be subject to the following resale requirements. 15 a. All workforce housing unit owners shall notify the city immediately that the unit is for 16 sale. The city shall have first right of refusal to purchase the unit. Upon receipt of notice that a 17 valid offer has been made on the unit, the city shall have fifteen (15) days to invoke its right of 18 refusal to purchase the units. 19 b. All workforce housing units are to be resold only to low or moderate income qualified 20 households at an attainable housing cost for each targeted income range. 21 3. Required Occupancy. Purchasers of workforce housing units shall be required to 22 occupy the unit. 23 4. Closing Costs. No charges or fees shall be imposed by the seller on the purchaser of a 24 workforce housing unit which is in addition to or more than charges imposed upon purchasers 25 of market rate units, except for administrative fees charged by the city/CRA, or their designee. 26 5. Sales Price Calculations. Sales prices for workforce housing units will be calculated on 27 the basis of: 28 a. An available fixed-rate thirty (30) -year mortgage, consistent with a "blended rate" for 29 Palm Beach County banks, and/or the Florida Housing Finance Authority. A lower rate may be 30 used in calculating workforce housing prices if the developer can guarantee the availability of 31 fixed-rate thirty (30) -year mortgage at this lower rate for all workforce housing units required 32 for the covered project; 33 b. A down payment of no more than ten percent (10%) (including any down payment 34 assistance provided by SHIP or other sources) of the purchase price; 35 c. A calculation of property taxes; and 36 d. A calculation of homeowner insurance, mortgage insurance, homeowner association 37 fees, property management fees and other closing costs. 38 6. Compliance. Prior to request for final certificate of occupancy for the development, the 39 developer shall provide to the city's Community Improvement Department, or designee, 40 documentation sufficient to demonstrate compliance with the workforce housing -7- C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\7F9868E4-BFCA-4340-8963-A6DAFB91F97F\Boynton Beach. 6360.1.Workforce_Housing_ Program_(2017)_-_0rdinance.docx Page 615 of 678 I program. Such documentation shall include but is not limited to information regarding the 2 identity and income qualification documentation for all occupants of the workforce housing 3 units, proof of recordation of restrictive covenant in approved form. 4 7. Resale Requirements. To maintain the availability of workforce housing units which may 5 be constructed or substantially rehabilitated pursuant to the requirements of this program, the 6 following resale conditions shall be imposed on the workforce housing units and included in 7 the deed and restrictive covenant recorded in the Public Records of Palm Beach County: 8 a. Location of Units. All workforce housing units constructed or substantially 9 rehabilitated under this program shall be situated within the development so as not to be in less 10 desirable locations than market -rate units in the development and shall, on average, be no less 11 accessible to public amenities, such as open space, as the market -rate units. 12 b Integration. Workforce housing units within a development shall be integrated with the 13 rest of the development and shall be compatible in exterior design and appearance, 14 construction, and contain comparable HV/AC systems as market rate units. 15 16 c. Construction Phasing. The construction schedule for workforce housing units shall be 17 consistent with or precede the construction of market rate units. All workforce housing units 18 must be deeded to the City, deed-resticted, or receive a certificate of occupancy prior to 19 issuance of more than eighty percent (80%) of the certificate of occupancies in the subject 20 development. 21 d. Lot Premiums. There shall be no lot premiums charged on the workforce housing units. 22 e. Sales Price. All required workforce housing units shall be offered for sale or rent at an 23 attainable housing cost for each of the targeted income ranges. 24 f City Approval. The city, its successors and assigns may enforce the covenants. No de 25 amendments to the restrictive covenant shall be maunless by written instrument approved by 26 the city. 27 E. Monitoring and Compliance. 28 1. Qualified Buyers. Final approval conditions: Final conditions of approval shall specify 29 that the workforce housing units are sold to buyers whose income does not exceed one hundred 30 twenty percent (120%) of the Boynton Beach median household income.. The conditions will 31 also specify the requirements for reporting to the city's Community Improvement Division on 32 buyer eligibility, housing prices, as well as any applicable requirement to record the restrictive 33 covenant or to enforce resale restrictions. 34 2. Surety. Developers may substitute surety as outlined in Chapter 2, Article III, Section 35 6, Land Development Regulations, in the amount of one hundred ten percent (110%) of the 36 developers' obligation for workforce housing provision according to this section. The city 37 shall, at all times, have the authority to draw upon the surety to enforce the provisions of this 38 article should the applicant be in default of these requirements, 39 3. Enforcement. The city may enforce the requirements of the Workforce Housing 40 Ordinance through any cause of action available at law or equity, including but not limited to -8- C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\7F9868E4-BFCA-4340-8963-A6DAFB91F97F\Boynton Beach. 6360.1.Workforce_Housing_ Program_(2017)_-_0rdinance.docx Page 616 of 678 I seeking specific performance, injunctive relief, rescission of any unauthorized sale or lease, 2 during the term of the restrictive covenant. 3 4. Annual Report. The Community Improvement Department shall submit an annual 4 report to the City Commissioners indicating the status of the Workforce Housing Ordinance, 5 including but not limited to the revenues accrued to the Housing Trust Fund, the number of 6 units created, leased and sold. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Section 4. 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 5. All laws and ordinances applying to the City of Boynton Beach in conflict with any provisions of this ordinance are hereby repealed. Section 6. 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 7. Authority is hereby given to codify this Ordinance. Section 8. This Ordinance shall become effective immediately. FIRST READING this day of , 2017. SECOND, FINAL READING AND PASSAGE this day of , 2017. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Steven B. Grant Vice Mayor — Justin Katz Commissioner — Mack McCray Commissioner — Christina L. Romelus Commissioner — Joe Casello -9- C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\7F9868E4-BFCA-4340-8963-A6DAFB91F97F\Boynton Beach. 6360.1.Workforce_Housing_ Program_(2017)_-_0rdinance.docx Page 617 of 678 I VOTE 2 3 ATTEST: 4 Cif 7 Judith A. Pyle, CMC 8 City Clerk 10 11 12 (Corporate Seal) 13 14 -10- C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\7F9868E4-BFCA-4340-8963-A6DAFB91F97F\Boynton Beach. 6360.1.Workforce_Housing_ Program_(2017)_-_0rdinance.docx Page 618 of 678 TO: Chair and Members Planning & Development Board FROM: Andrew P. Mack P.E. Director of Development > v h� , DATE: July 11, 2017 RE: Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 1, Article II, Definitions, to modify definitions that regulate the Workforce Housing Program. Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 1, Article V, Section 2, Workforce Housing Program, to convert mandatory inclusionary zoning program to a voluntary density and height bonus program. OVERVIEW The rewrite of the City's Land Development Regulations (LDR) in late 2010 allowed staff to perform a complete review and analysis of each standard, regulation, and process. As part of the post -adoption process, staff anticipates the periodic need for, and is prepared to expeditiously process, updates and amendments to the LDR for one or more of the following reasons: 1. Furthering business and economic development initiatives; 2. Advancing sustainability initiatives; 3. Maintaining internal consistency; 4. Achieving regulatory compliance; and 5. Incorporating implementation feedback to meet original objectives or new vision. The proposed amendment would support items 41 and 45. BACKGROUND On November 15, 2016, the City Commission suspended the Workforce Housing Program (WHP) for one (1) additional year to allow staff time to update the 2006 Housing Study Assessment and to develop recommended changes to the program. On April 19, 2017, a City Commission workshop was held to discuss the recommended changes by staff and to provide direction on how to amend the WHP. Staff were directed to break up the amendments into two phases a short and long-term approach. The short-term approach centered on converting the existing mandatory WHP to a voluntary WHP by utilizing the Downtown Transit -Oriented Development District (DTODD) 25% density bonus as incentive for workforce BE Page 619 of 678 housing. The long term approach is a comprehensive review of the land development regulations that could possibly entail; overlay regulations, micro units, flexible lots sizes, accessory units, and parking reductions to support the WHP. The proposed amendments to Chapter 1 of the LDR are provided in its entirety in Exhibits "A & B", with the most notable amendments summarized below: • Conversation from mandatory to voluntary program. • Utilization of Downtown Transit -Oriented Development District (DTODD) 25% density bonus as incentive for workforce housing. • Addition of a height bonus as incentive for workforce housing in the Downtown Transit - Oriented Development District. • Adjustment to set-aside percentages to increase participation. • Addition of in -lieu fee option for rental projects. • Adjustment of in -lieu fees based on current market data. • Adjustment to duration of restrictive covenants for rental and for sale projects. See Exhibit "A" for proposed amendments to definitions, and Exhibits "Bl" and "B2" for a strikethrough and clean text, respectively, of the proposed amendments to the program. CONCLUSION/RECOMENDATION Staff is recommending approval of the proposed code amendment to provide flexibility in the workforce -housing program by encouraging participation through incentives and options that promote workforce housing based on current market data/trends. Attachment S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 17-004 Workforce Housing\Staff Report - Workforce Housing Program.docx -2- Page 620 of 678 Exhibit "A" Chapter I, Article II, Definitions. DEED RESTRICTION - Each workforce housing unit created under the program shall be deed restricted for fifteen (-3815) years. The deed restriction shall be recorded and serve to restrict the sales or rental price and/or the income of the purchaser or renter. DEVELOPMENT - A single use or combination of uses, proposed or approved, that may include but not be limited to a single-family subdivision, townhomes, rental apartments, condominiums, public facilities, commercial buildings, shopping centers, or industrial projects, possibly of similar design, constructed as a unified community. Development shall also include the meaning given it in F.S. § 380.04, pursuant to a development order or permit With FeSpest to errehewsiRg, it Sha" MeaR a PF9PBSed ..I X, , _r__Mar- it _ ELIGIBLE OCCUPANT - Relative to the workforce housing program contained in these Regulations, it is a person who qualifies for participation in the program whose income does not exceed one hundred twenty percent (120%) of median household income for Pal.. R -ea .h G,., Rty as set by H 4D the City of Boynton Beach. Priority will be given to persons who have lived or worked within the city limits of Boynton Beach continually for one (1) year immediately prior to the date of application for a workforce housing unit. LOW INCOME HOUSEHOLD - Under the workforce housing program provisions of these regulations, it is a household with a gross, combined income below eighty percent (80%) of the City of Boynton Beach median household incomeAhe Pal.. Q G,., Rty RR,,.,' Mead-;aR H, useaheld- 'Rese ffle as deafiRed by H1 ID MEDIAN HOUSEHOLD INCOME (MHI) - Under the workforce housing program provisions of these regulations, it is the City of Boynton Beach Palm R_ea ." GewRty Median Household Income, adjW as determined y the most recent 5 -year estimate of the U.S. Census Bureau American Community Survey. MODERATE INCOME HOUSEHOLD - Under the workforce housing program provisions of these regulations, it is a household with a gross, combined income between eighty percent (80%) and one hundred twenty percent (120%) of the Pal.. R -ea h G,., Rty M,,, iaR H,.use.held- lRr=9 ffle (as defiRed by the Flerid-0; Heiw iRg FiRaRr=e G_9FP9Fati9R) City of Boynton Beach median household income. Page 621 of 678 RESTRICTIVE COVENANT AND AGREEMENT - The covenants that govern the initial sale and rental and subsequent resale and releasing of workforce housing units created under the workforce housing program. The term of the restrictive covenant and agreement is fifteen (--48 15) years. WORKFORCE HOUSING UNIT - A dwelling to be sold or leased to an individual or family that is income qualified in which the rent or mortgage payments (including principal, interest, taxes, insurance and homeowner association fees) does not exceed thirty-f+ve percent (3015%) of the gross income of households that are classified as low or moderate income households. Page 622 of 678 Exhibit `131" ARTICLE V. HOUSING INITIATIVES Sec. 2. Workforce Housing Program. A. Findings. 1. Housing Shortage. The City Commission having conducted a Housing Nee AssessmenttUdy(Attachment A) has determined that � _ � * „ a, - t`i '� acb isncw �1mome L1Lg _anci ret are--n-ot affordable to the everyday working families and citizens of the city; 2. Florida Statutes. F.S. § 166.04151 provides that a municipality may adopt and maintain any ordinance that is adopted for the purpose of increasing the supply of workforce housing using land use mechanisms not withstanding any other provision of law; 3. Housing Cost/Wage Gap. The City Commission recognizes that there is a growing gap between housing costs and wages in the city; 4. Public Interest. The City of Boynton Beach has a legitimate public interest in preserving the character and quality of neighborhoods which requires assuring the availability of workforce housing for low and moderate income persons in the city; 5. Sense of Community. The city recognizes that the need to provide workforce housing is critical to maintaining a diversified and sustainable city having the character and sense of community where people can live and work in the same area; and 6. Housing Availability. The city is encouraging the production and availability of workforce housing and at the same time is cognizant that escalating land costs and rapidly diminishing amounts of land hinder the provision of sufficient workforce dwelling units by the private sector. B. Applicability. :i hg.prouarn is voluntat """ 3 vt 1"cit wino ci oo to t atttctpat ""ria awatdl.e.c1_incd.ntiv-es OLttli-n-e l.m `Lii-t-he- in this t_I`e _ follo~win _Rregulations shall apply mly""to development applications for t `oleos 1� � 1m m o� t�1mt Downtown Tran sit-0 ri etedmmDcv(201 g tm District's � m�� 'S density increase cif twenty Eivt�")cLrcent�25°0} wife an undld.�lying land. Use and. zoning catc�o��„ permitting the density in excess of inen" fiFteen (4'- 15) dwelling units per acre .----' """"""""«... xwel-a.... C. Provisions.e'ermay l - x' _ ' c1.e t to t -d > t-e-d_c2- tainm higher density �,, a„s „ . n a ,v 4 .. as"pan t"111c l 1 " "s"2 "° �" c1c n ty" 17OnLiS and. _o� _a 11�.� 11tml�c�n� t1� a the conStRlCtic�ilmof t1�e workforce _ i- g"units ' i"st" be-.on—site or off-site. Monetary contribUtion. donation of land. or DUrchase of Units to be c1. l: ii 4I atc:d.masmwc rk-forc-e,__ subject to the limits and requirements of this article. Page 623 of 678 4, Cons1ruclion ofit,o1-kfbrce units on-site. . ............................................................. . . . . . . — 1. 44+-ix�' To be eligible for the requested higher density of the f&14-Ow4*" LLIQ221-S --- of workforce 4&tF,iii�units on-site.. the cit velgpgLmust�jqggi orate SLIch Units into the development as follows: ------------ ------------ -- """""" C+ T TQ" tC3' 'x Z'e'E Y 4 n Y"1 4 pry n N r nk'14 n qH n � ! k'i r� r4 �g�� F r'ae• n �'y !l -v Yt rt r Z "CtL7T L'� 2 CE 'C..CE�„. 'C d1.:' V '4✓'"��' 6. & ESC. '� &. E8.Ci2 R78.✓ "C.dL..'�''... -. ". Y Y �.�CO"L M✓ b�'�":&. E"� "C'�T'iT L'� e ae RE DTODD density bOnUs alone or in con ' ith the height bOnLIS Of 2!1eL 1 2 feet� shall desig!Lqt(� e _L_) .. additional story LIti i�naxirrlUrrl Of I -------------------------------- -- ---------- ----------------------------- --- !2IW mg ---------- b-,--P-r iccts withhe Mixed. t Jse MedJUM or Mixed. t Js ILI--t-LI reI_an_d._LISeclassifications bOnUs a e W . _(YI (Yn S LICh bOnLIS can inClUd m_axi_M_LI_Moff` __2_4 --- fe.et.) and. Shall Beach BOUlevard. dist c ....de 'gnating twent �Lrcent (20%) of s as .......................................................................................... . ......... . ................... w-o-rkfo-rc-e--hOLISi_n�-Emits' . 4c, _El ble land. Use classifications d. oni , tistricts ------------ ------ J Eli - - ------ - - - and z ------- nL_L --------------- Land Use Zoning A4*x+Hmi* Classification Districts 4en*it-v i �,44eff+i4Y4 "ig-�, 6"en„n �_)e Re4&ff4ff4_+&WPIR4 44+�� 1�4-&pffi7e-w 10444) 1 Mixed. t Jse I..,ow I Mt J-1 - I Mixed arsI MedJUM and. .................................. . . ................ ............. ........... Mixed Use 04X-.)B.j&,h o Page 624 of 678 2. Household (Income) Type. Twenty-five percent (25%) of the total required workforce housing units shall be set aside for low income households. Seventy-five percent (75%) of the total required workforce housing units shall be set aside for moderate income households. 3. Fractions. If the --reed number of workforce housing units results in a fractional remainder greater than one-half (0.50), the number shall be rounded up. If the required number of workforce housing units results in a fractional number less than one-half (0.50), the number shall be rounded down. 4. Number of Units. The workforce housing units provided shall have the same percentage of unit types as market rate units within the development The unimt t� l�e� inclUde the caory of t "c ctu"( in lc a�n�l cic.tac��c c "anc ""ana l "c.c . �n� ltifa�nil o� rent very for gale s in and the mnUmbc. o%ccirccr ys" r ti" lffdle4l 4-0 ". -e"ss".:1+ -t+ - xd >1 z°�tis`".te'l�"tE:.. .":�. �� . -e � 3l- f39E -%rE-v-c-s%�a':s_a" ffi af 1C.l1C.f f(on1 111j l�rovisi(Yn rnay_%c._gLan1( cdJ_`_thc.inten dec� LI-niose is to ad.dr-ess partiCUlar needs ofthe c" � � n .ty ...................%tant ate c "%y"t� "c."t�rovidecl c ataianaly� .,.. 5. ------------Staff Approval. At the time of application for land use _ amendment and rezoning cate"gp -c a., the project must be reviewed and signed off by the Community Improvement Division of the city as part of the site plan approval process for compliance with affordability guidelines and number of units qualifying as workforce. 76. Site Plan. The site plan shall clearly identify the location of workforce housing units. Additionally, tabular data must be included on the site plan showing the address or unit number, total number of units, number of bedrooms of workforce housing units and the targeted income levels. This shall be included with the market rate data. &7 Sale Restrictions. Workforce housing units ffieR, regulated in terms of: a. Initial sales price or rent levels; and b. Subsequent resale prices or leasing rates. c. If compliance with a land development standard would preclude construction of a residential or mixed use development in which workforce housing units are included, pursuant to this chapter, the applicant may submit a proposal for waiver or reduction of the development standard. The applicant shall show that the waiver or reduction of the development standard is necessary to make the workforce housing units economically feasible and that such a waiver will not compromise any of the city's life or safety standards. 48. Recording the Restrictive Covenant. Prior to the issuance of any building permit, the restrictive covenant and agreement shall be recorded in the public records of Palm Beach County. The term of the restrictive covenant shall befiftn "(:tel) years. A copy of the Page 625 of 678 recorded covenant and agreement shall be provided to the city prior to the issuance of the building permit. ll, lnj.,iCU and. off-site: o tions. ,l n following o tions in-liCLI of constt�uction of workforce .".".". """" unit on site will be base:cl on tl-c nU-m-b- t of units as -in -di c.at-e din sections C-,-f,a,,"b and C-,-f,3above. ,.ff44ea +*'eff , °&, o 4+h +&t f� n„. '4✓Y.. - ��'�Cd'L GM,,. _ Li'TT E"� 'C'�L7T L�'7 9_E8.C3'Y R.78,,, 'C _ 'CC.."."'C J'T 'd..CE'e.✓i'i�SC.' _. _ [q , ;4�4n +� n ", �� _ 1. Payment In -Lieu (Table 1-3). Contributions 8.; V... "'� ✓B 8 -PP2 L F.E2 CE L.CE'8,,. �'i-S�C:' per unit p4` listed in the table below s,a1,�"ac_c [LI,C,_to the Boynton Beach Housing Trust to be utilized to -subsidize the creation of workforce housing within the city, inn -lieu of fees shall be paid in full prior to the issuance of building permit. Payment In Lieu f f" ; -a ` , i -r of Construction of Workforce Housing Units (per unit-- e -d) " `o- rent -Linits "." , l �,m3-8 Nate"""P iynrcnt-in-lica an7onznts shall be revised every two (21 c� ars laasecl «n (}._��€ clia�7"yi17{ le-iamih, home sale r icy I«r Pa1nr B� ach C �nzntc r «� cls cl lac Realtors Association «I th€, Palm Beaches, and (i a� c r a{ e n7� nthly ajc rtnl ,nt rent ro the Bo nton Beach narkc t pztl�"icl cl"lati Reinhold P. WohT E,cononlic Research, Inc. 2.oRate"I3onatimo-ninon Land. The value of the land shall equal or exceed the total "in -lieu of fee for all famed -workforce units or shall be of sufficient size to develop the same number ofqtiie-€ -units. The value of the donated land must be verified by a MAI appraisal no more than three (3) months old. The appraisal shall be obtained by developer at developer's cost to verify the value of donated land. The land shall be deeded to the city prior to the issuance of a final certificate of occupancy for the development. 3. Off -Site Construction. The-" -qtiie"d workforce housing units may be built off-site. All off-site workforce housing units shall comply with all sections of these Regulations. ` ,'8..e. s; e•x �ve• 4�w 4��t� + c.sz rn e�n,� �s �'-w, �.e•�n 4�n sro r. eC..'._ .. Qi .. °. r, .. L` Page 626 of 678 4. Purchase Market Rate Units. Purchase an equivalent number of existing market rate units to be deeded to the city or sold to eligible households. Such units shall be deed restricted to comply with the Workforce Housing Ordinance. The developer may retain the title to off-site units subject to recordation of a city approved deed restriction. D, ............T..e...........o.l...l... ements shall t Qbi....l...t... _oE.)u- rchased. warldarce units- Rental Housing Units. 1. Recording of the Restrictive Covenant. A restrictive covenant shall be recorded in the public records specifying the income level served, rent levels, reporting requirement and all restrictions applicable to the workforce housing units. All leases on workforce housing units shall contain language incorporating the restrictive covenant applicable to the workforce housing units and shall reference the recorded restrictive covenant. The restrictive covenant shall remain in force for years. 2. Rental Rates. a. Units targeted to low income households below - eighty percent (80%) of the CiS h median h.01I.S..0 h.o.1J,.Jncome-; ad'i&hex -fe+4ater` y,-sw-,e shall not have rental rates that exceed one hundred percent (100%) of J t the HUD determined fair market rent for the area. b. Units targeted to moderate income households at eighty percent (80%) to the one hundred twenty percent (120%) of the j..-Igyal ' ac ' h 'median hOLISehold.---- shall not exceed one hundred percent (100%) of the ------------------ HUD determined fair market rent for the area. 3. Tenant Income Qualification. Tenant income qualification records shall be maintained on-site and a yearly report shall be forwarded to the Community Improvement Division of the City of Boynton Beach for compliance determination. 4ZI.J. For -Sale Housing Units. 1. Restrictive Covenant. All deeds shall include the restrictive covenant applicable to workforce housing units. All sales contracts shall state that the unit is part of a workforce housing program and subject to the Land Development Regulations of the city. The restrictive covenant shall remain in force for years. The form of deed for workforce housing units shall be approved by the City Attorney. 2. Resale. The restrictive covenants shall state that during the affordability term, the resale of a workforce housing unit shall be subject to the following resale requirements. a. All workforce housing unit owners shall notify the city immediately that the unit is for sale. The city shall have first right of refusal to purchase the unit. Upon receipt of notice that a valid offer has been made on the unit, the city shall have fifteen (15) days to invoke its right of refusal to purchase the units. Page 627 of 678 b. All workforce housing units are to be resold only to low or moderate income qualified households at an attainable housing cost for each targeted income range. 3. Required Occupancy. Purchasers of workforce housing units shall be required to occupy the unit. 4. Closing Costs. No charges or fees shall be imposed by the seller on the purchaser of a workforce housing unit which is in addition to or more than charges imposed upon purchasers of market rate units, except for administrative fees charged by the city/CRA, or their designee. 5. Sales Price Calculations. Sales prices for workforce housing units will be calculated on the basis of: a. An available fixed-rate thirty (30) -year mortgage, consistent with a "blended rate" for Palm Beach County banks, and/or the Florida Housing Finance Authority. A lower rate may be used in calculating workforce housing prices if the developer can guarantee the availability of fixed-rate thirty (30) -year mortgage at this lower rate for all workforce housing units required for the covered project; b. A down payment of no more than ten percent (10%) (including any down payment assistance provided by SHIP or other sources) of the purchase price; c. A calculation of property taxes; and d. A calculation of homeowner insurance, mortgage insurance, homeowner association fees, property management fees and other closing costs. 6. Compliance. Prior to request for final certificate of occupancy for the development, the developer shall provide to the city's Community Improvement Department, or designee, documentation sufficient to demonstrate compliance with the workforce housing program. Such documentation shall include but is not limited to information regarding the identity and income qualification documentation for all occupants of the workforce housing units, proof of recordation of restrictive covenant in approved form. 7. Resale Requirements. To maintain the availability of workforce housing units which may be constructed or substantially rehabilitated pursuant to the requirements of this program, the following resale conditions shall be imposed on the workforce housing units and included in the deed and restrictive covenant recorded in the Public Records of Palm Beach County: -a. Location of Units. All workforce housing units constructed or substantially rehabilitated under this program shall be situated within the development so as not to be in less desirable locations than market -rate units in the development and shall, on average, be no less accessible to public amenities, such as open space, as the market -rate units. 2.1) Integration. Workforce housing units within a development shall be integrated with the rest of the development and shall be compatible in exterior design and appearance, construction, and contain comparable HV/AC systems as market rate units. i , ..'.. ..`€ t+ ,-, < t+E vviclEx'ri �lE acv rrcricv s e e Page 628 of 678 _.............. x ,° ...-•'"'t-t"te- c. n� r� e.nx^+t rz�x4c� 4�sn s^.e.r>s ------------ S-- 4c. Construction Phasing. The construction schedule for workforce housing units shall be consistent with or precede the construction of market rate units. .11mwo-rkfo_rce_hOItsin Units . L.1.st...�?.e.. d..e.d .c� to t��.�.� ?:iy.a..c�ccc� �c.�t�ct�c� or receive a ce ti icate ofocc t�anc� ��g to iSSUance c- Arlo-t�--- t11an_eig11t� )e cent ��QOA mc�� t11c. ce ti icate ofocCUpancics in the SL�%icct cicvclot��r�c.nte &.. Lot Premiums. There shall be no lot premiums charged on the workforce housing units. Vic. Sales Price. All required workforce housing units shall be offered for sale or rent at an attainable housing cost for each of the targeted income ranges. -----------f. City Approval. The city, its successors and assigns may enforce the covenants. No amendments to the restrictive covenant shall be made unless by written instrument approved by the city. L. Monitoring and Compliance. 1. Qualified Buyers. Final approval conditions: Final conditions of approval shall specify that the workforce housing units are sold to buyers whose income does not exceed one hundred twenty percent (120%) of tions will the alslo specify household incomew fe€ 1'-a n B c ify the requirements for reporting to the city's Community Improvement Division on buyer eligibility, housing prices, as well as any applicable requirement to record the restrictive covenant or to enforce resale restrictions. 2. Surety.�-�-'-�_ n.« t +x+ tis $`t -s-4 �` _•.x. a�.3 t�sn rnY-a-ca zrsl trz 1 �-..3-�_x ..xn s^. ., x t � 1 1 f%' _. ".&. d'RPLC VL V'V (J ['k �Ct � a^E rt ZrtY4n flH ` € -_ evt lc�t�c� s �na� SUbStitUtC SUrety..a�..c��tl�nt c� �n � ��:ai�t�:�:..�.c. � �t�c1c ..�� ct�c�n.6 ..1..a d 3c.velc� �r�cntm c � lat c�� s i the amOUntmc��`c�ne hUnc� ed ten 1?c�c�nt X1.1 °_0l of the develo rs obligation for woritEorce housing nrovisio� accorclin to this section. rhe city shall. at all times. ....... ....... have the aUthority to draw upon tl�e SUrety to enforce tl�e t�rovisions of this article shOUld the a13?1J.cant t �n c1.c faltlt cel h.tesc 3. Enforcement. The city may enforce the requirements of the Workforce Housing Ordinance through any cause of action available at law or equity, including but not limited to seeking specific performance, injunctive relief, rescission of any unauthorized sale or lease, during the term of the restrictive covenant. Page 629 of 678 ........ 4. Annual Report. The Community Improvement Department shall submit an annual report to the City Commissioners indicating the status of the Workforce Housing Ordinance, including but not limited to the rev-en-LI-Cs--ac-CrLted.-to--t-he--HOLts-in�-4-'I-'-i-List--F-Linc .,-th-c number of units created, leased and sold. -DeC-e41+1+C+-44-; - .2-04-6 _(Ord. 10-025, passed 12-7-10; Am. Ord. 11-031, passed 12-6-11; Am. Ord. 13-034, passed 12- 3-13; Am. Ord. 14-035, passed 1-6-15; Am. Ord. 15-031, passed 12-1-15) Page 630 of 678 Exhibit `132" ARTICLE V. HOUSING INITIATIVES Sec. 2. Workforce Housing Program. A. Findings. 1. Housing Shortage. The City Commission having conducted a Housing Assessment Study (Attachment A) has determined that new home prices and rents are not affordable to the everyday working families and citizens of the city; 2. Florida Statutes. F.S. § 166.04151 provides that a municipality may adopt and maintain any ordinance that is adopted for the purpose of increasing the supply of workforce housing using land use mechanisms not withstanding any other provision of law; 3. Housing Cost/Wage Gap. The City Commission recognizes that there is a growing gap between housing costs and wages in the city; 4. Public Interest. The City of Boynton Beach has a legitimate public interest in preserving the character and quality of neighborhoods which requires assuring the availability of workforce housing for low and moderate income persons in the city; 5. Sense of Community. The city recognizes that the need to provide workforce housing is critical to maintaining a diversified and sustainable city having the character and sense of community where people can live and work in the same area; and 6. Housing Availability. The city is encouraging the production and availability of workforce housing and at the same time is cognizant that escalating land costs and rapidly diminishing amounts of land hinder the provision of sufficient workforce dwelling units by the private sector. B. Applicability. The program is voluntary. Developers who choose to participate may be awarded incentives outlined further in this article. The following regulations shall apply only to development applications for projects eligible for the Downtown Transit -Oriented Development District's (DTOD's) density increase of twenty five percent (25%), with an underlying land use and zoning category permitting the density in excess of fifteen (15) dwelling units per acre. C. Provisions. The developer may elect to obtain higher density as part of the DTODD's 25% density bonus and/or a height bonus through the construction of the workforce units on-site or off-site, monetary contribution, donation of land or purchase of units to be designated as workforce, subject to the limits and requirements of this article. L Construction of workforce units on-site: 1. To be eligible for the requested higher density as part of the DTODD's (25%) density bonus through the construction of workforce units on-site, the developer must incorporate such units into the development as follows: a. Projects using DTODD density bonus alone or in conjunction with the height bonus of one (1) additional story (up to a maximum of 12 feet) shall designate ten percent (10%) of the total proposed units as workforce housing units. Page 631 of 678 b. Projects with the Mixed Use Medium or Mixed Use High future land use classifications may use the height bonus alone; such bonus can include two (2) additional stories (up to a maximum of 24 feet) and shall only be granted to projects located in the Cultural or Boynton Beach Boulevard district, designating twenty percent (20%) of the total proposed units as workforce housing units. c. Eligible land use classifications and zoning districts (Table 1-2). Land Use Classification Zoning Districts Mixed Use Low MU -1 Mixed Use Medium MU -2 and MU -3 Mixed Use High MU -4 and MU -Core 2. Household (Income) Type. Twenty-five percent (25%) of the total required workforce housing units shall be set aside for low income households. Seventy-five percent (75%) of the total required workforce housing units shall be set aside for moderate income households. 3. Fractions. If the number of workforce housing units results in a fractional remainder greater than one-half (0.50), the number shall be rounded up. If the required number of workforce housing units results in a fractional number less than one-half (0.50), the number shall be rounded down. 4. Number of Units. The workforce housing units provided shall have the same percentage of unit types as market rate units within the development. The unit types include the category of structure (single-family detached and attached, multifamily), for rent versus for sale units, and the number of bedrooms. Relief from this provision may be granted if the intended purpose is to address particular needs of the community, substantiated by the provided data/analysis. 5. Staff Approval. At the time of application for land use amendment and rezoning, the project must be reviewed and signed off by the Community Improvement Division of the city as part of the site plan approval process for compliance with affordability guidelines and number of units qualifying as workforce. 6. Site Plan. The site plan shall clearly identify the location of workforce housing units. Additionally, tabular data must be included on the site plan showing the address or unit number, total number of units, number of bedrooms of workforce housing units and the targeted income levels. This shall be included with the market rate data. 7 Sale Restrictions. Workforce housing units shall, be regulated in terms of: a. Initial sales price or rent levels; and b. Subsequent resale prices or leasing rates. c. If compliance with a land development standard would preclude construction of a residential or mixed use development in which workforce housing units are included, pursuant to Page 632 of 678 this chapter, the applicant may submit a proposal for waiver or reduction of the development standard. The applicant shall show that the waiver or reduction of the development standard is necessary to make the workforce housing units economically feasible and that such a waiver will not compromise any of the city's life or safety standards. 8. Recording the Restrictive Covenant. Prior to the issuance of any building permit, the restrictive covenant and agreement shall be recorded in the public records of Palm Beach County. The term of the restrictive covenant shall be fifteen (15) years. A copy of the recorded covenant and agreement shall be provided to the city prior to the issuance of the building permit. H. In -Lieu and off-site options. The following options in -lieu of construction of workforce unit on-site will be based on the number of units as indicated in sections C.La/b and C.L3 above. 1. Payment In -Lieu (Table 1-3). Contributions per unit listed in the table below shall accrue to the Boynton Beach Housing Trust to be utilized to subsidize the creation of workforce housing within the city. In -lieu of fees shall be paid in full prior to the issuance of building permit. Payment In Lieu of Construction of Workforce Housing Units (per unit) For -sale unit $39,293 For rent units $18,380 Note: Payment -in -lieu amounts shall be revised every two (2) years, based on (i) median single-family home sale price for Paha Beach County provided by Realtors' Association of the Paha Beaches, and (ii) average monthly apartment rent for the Boynton Beach market provided by Reinhold P. Wolff Economic Research, Inc. 2. Donation of Land. The value of the land shall equal or exceed the total "in -lieu of fee for all workforce units or shall be of sufficient size to develop the same number of units. The value of the donated land must be verified by a MAI appraisal no more than three (3) months old. The appraisal shall be obtained by developer at developer's cost to verify the value of donated land. The land shall be deeded to the city prior to the issuance of a final certificate of occupancy for the development. 3. Off -Site Construction. The workforce housing units may be built off-site. All off-site workforce housing units shall comply with all sections of these Regulations. 4. Purchase Market Rate Units. Purchase an equivalent number of existing market rate units to be deeded to the city or sold to eligible households. Such units shall be deed restricted to comply with the Workforce Housing Ordinance. The developer may retain the title to off-site units subject to recordation of a city approved deed restriction. D. The following requirements shall apply to built or purchased workforce units: I. Rental Housing Units. 1. Recording of the Restrictive Covenant. A restrictive covenant shall be recorded in the public records specifying the income level served, rent levels, reporting requirement and all restrictions applicable to the workforce housing units. All leases on workforce housing units shall contain language incorporating the restrictive covenant applicable to the workforce housing Page 633 of 678 units and shall reference the recorded restrictive covenant. The restrictive covenant shall remain in force for fifteen (15) years. 2. Rental Rates. a. Units targeted to low income households at below eighty percent (80%) of the City of Boynton Beach median household income shall not have rental rates that exceed one hundred percent (100%) of the HUD determined fair market rent for the area. b. Units targeted to moderate income households at eighty percent (80%) to the one hundred twenty percent (120%) of the City ofBoynton Beach median household income shall not exceed one hundred percent (100%) of the HUD determined fair market rent for the area. 3. Tenant Income Qualification. Tenant income qualification records shall be maintained on-site and a yearly report shall be forwarded to the Community Improvement Division of the City of Boynton Beach for compliance determination. II. For -Sale Housing Units. 1. Restrictive Covenant. All deeds shall include the restrictive covenant applicable to workforce housing units. All sales contracts shall state that the unit is part of a workforce housing program and subject to the Land Development Regulations of the city. The restrictive covenant shall remain in force for fifteen (15) years. The form of deed for workforce housing units shall be approved by the City Attorney. 2. Resale. The restrictive covenants shall state that during the affordability term, the resale of a workforce housing unit shall be subject to the following resale requirements. a. All workforce housing unit owners shall notify the city immediately that the unit is for sale. The city shall have first right of refusal to purchase the unit. Upon receipt of notice that a valid offer has been made on the unit, the city shall have fifteen (15) days to invoke its right of refusal to purchase the units. b. All workforce housing units are to be resold only to low or moderate income qualified households at an attainable housing cost for each targeted income range. 3. Required Occupancy. Purchasers of workforce housing units shall be required to occupy the unit. 4. Closing Costs. No charges or fees shall be imposed by the seller on the purchaser of a workforce housing unit which is in addition to or more than charges imposed upon purchasers of market rate units, except for administrative fees charged by the city/CRA, or their designee. 5. Sales Price Calculations. Sales prices for workforce housing units will be calculated on the basis of: a. An available fixed-rate thirty (30) -year mortgage, consistent with a "blended rate" for Palm Beach County banks, and/or the Florida Housing Finance Authority. A lower rate may be used in calculating workforce housing prices if the developer can guarantee the availability of fixed-rate thirty (30) -year mortgage at this lower rate for all workforce housing units required for the covered project; b. A down payment of no more than ten percent (10%) (including any down payment assistance provided by SHIP or other sources) of the purchase price; Page 634 of 678 c. A calculation of property taxes; and d. A calculation of homeowner insurance, mortgage insurance, homeowner association fees, property management fees and other closing costs. 6. Compliance. Prior to request for final certificate of occupancy for the development, the developer shall provide to the city's Community Improvement Department, or designee, documentation sufficient to demonstrate compliance with the workforce housing program. Such documentation shall include but is not limited to information regarding the identity and income qualification documentation for all occupants of the workforce housing units, proof of recordation of restrictive covenant in approved form. 7. Resale Requirements. To maintain the availability of workforce housing units which may be constructed or substantially rehabilitated pursuant to the requirements of this program, the following resale conditions shall be imposed on the workforce housing units and included in the deed and restrictive covenant recorded in the Public Records of Palm Beach County: a. Location of Units. All workforce housing units constructed or substantially rehabilitated under this program shall be situated within the development so as not to be in less desirable locations than market -rate units in the development and shall, on average, be no less accessible to public amenities, such as open space, as the market -rate units. b Integration. Workforce housing units within a development shall be integrated with the rest of the development and shall be compatible in exterior design and appearance, construction, and contain comparable HV/AC systems as market rate units. c. Construction Phasing. The construction schedule for workforce housing units shall be consistent with or precede the construction of market rate units. All workforce housing units must be deeded to the City, deed -restricted, or receive a certificate of occupancy prior to issuance of more than eighty percent (80%) of the certificate of occupancies in the subject development. d. Lot Premiums. There shall be no lot premiums charged on the workforce housing units. e. Sales Price. All required workforce housing units shall be offered for sale or rent at an attainable housing cost for each of the targeted income ranges. f. City Approval. The city, its successors and assigns may enforce the covenants. No amendments to the restrictive covenant shall be made unless by written instrument approved by the city. E. Monitoring and Compliance. 1. Qualified Buyers. Final approval conditions: Final conditions of approval shall specify that the workforce housing units are sold to buyers whose income does not exceed one hundred twenty percent (120%) of the Boynton Beach median household income.. The conditions will also specify the requirements for reporting to the city's Community Improvement Division on buyer eligibility, housing prices, as well as any applicable requirement to record the restrictive covenant or to enforce resale restrictions. 2. Surety. Developers may substitute surety as outlined in Chapter 2, Article III, Section 6, Land Development Regulations, in the amount of one hundred ten percent (110%) of the developers' obligation for workforce housing provision according to this section. The city shall, Page 635 of 678 at all times, have the authority to draw upon the surety to enforce the provisions of this article should the applicant be in default of these requirements, 3. Enforcement. The city may enforce the requirements of the Workforce Housing Ordinance through any cause of action available at law or equity, including but not limited to seeking specific performance, injunctive relief, rescission of any unauthorized sale or lease, during the term of the restrictive covenant. 4. Annual Report. The Community Improvement Department shall submit an annual report to the City Commissioners indicating the status of the Workforce Housing Ordinance, including but not limited to the revenues accrued to the Housing Trust Fund, the number of units created, leased and sold. (Ord. 10-025, passed 12-7-10; Am. Ord. 11-031, passed 12-6-11; Am. Ord. 13-034, passed 12- 3-13; Am. Ord. 14-035, passed 1-6-15; Am. Ord. 15-031, passed 12-1-15) Page 636 of 678 W 0 �Q � � O � � O w Q elm I O c� aj 4-j O O � u a) .�. 4-j ' O m -� 4 72 m X C) bt +, O .o o ro w �D m co 0 co M N 0) co d Sm W" u m f m F b�A .+, I O elP Well O i co 0 M N 0) co a N J LL he C9 Ln rx � w Ln VI q o ria VI cq AA 00 00 00 ko 00 uo N 00 in 00 W 0 CLC) 4A a� a Q 00 '' (" r 2 E o � M a E c CL J u CP D u L C L to Zdi m w 0 m� m chW E (D L. m 0 m> -0m _ __ WN a -M M .§ M 46 M co 0 a� co d r w 4�J 15R rrH ID os s 4*4 s 0 co 0 a� co d co 0 N N co d 0, r-; 0 M. II II II O; ; Ln i - 0;: u . Ln 4-J : : a) Lr)41 : : co 0 N N co d 0 O; ; 0;: : a) co 0 N N co d I n n � � \ § V % 7 k f R k 2 70 > E A 7 £ k k to � n n � � co 0 co a O � � � V W OV bA O 14 �., •� O V -� � V V 4-j 1 7 7� •> O •> O V O � co 0 co a `J co I- 0 LO a� co d 14.A. FUTURE AGENDA ITEMS 9/19/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/19/2017 REQUESTED ACTION BY COMMISSION: Discussion relating to the future of the Building Board of Adjustment and Appeals - October 3, 2017 EXPLANATION OF REQUEST: Commissioner Romelus has requested discussion on the future need for the Building Board of Adjustments and Appeals. The Board has not met since November 2014. There are currently only four members on the Board.and an alternate. Ms. Roberta Mann indicated by phone she would prefer not to continue on the Board. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 646 of 678 14. B. FUTURE AGENDA ITEMS 9/19/2017 REQUESTED ACTION BY COMMISSION: Discussion of number of boards people are allowed to serve on at one time, attendance policies, eligibility rules and qualification of members for all boards- October 3, 2017 EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 647 of 678 14.C. FUTURE AGENDA ITEMS 9/19/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/19/2017 REQUESTED ACTION BY COMMISSION: Staff to review and report concerning Florida Te)dile Recycling, LLC. FTR, LLC which provides automated clothing recycling as a non-profit corporation and provides funding to agencies for other non-profit uses - TBD EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Non -budgeted ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type D Attachment Description TR, LLC Brochure Page 648 of 678 p O C d _ O C 'a -o -o a> a> ON N -O O c t ant c C U O cC C -O � "O 0 g cz Y cz Nct d UiN O cz UN tC 'O bA } cn O '6 O -0 N U 03 Q -U6 O C co O C C 7 co N a--� (C U N co '6 C a- <G m O C :3t U t N U C fC a+ C Q +�+ N bA bA bA N Q N O m Q +� Qa- o �U U U d U N U U E -O N U O C Y U N U N C a'' 7 > O N O aT+ o: O CE -) d U O U � N U i E U J N O tC m2 T 3 c- 261 `` N (C a--� -O a--' N � ,A... C 'a = N •N O L ++ 7 E U C � U ++ c O d U ++ (C cC 2i N E i Uj +� T 7 m O C C U (C O UV O C C X a-+ a m N O C i C U L U O O E a" C X aL d E U d T N d •U t O i O bA d U 0 N Q cC cC d E03 0 C N 7 O N G O co E CZ O O - EMUm:Z3ONQ UN E+EEN� O 7 Na�CISU > • +�iNON i � O • -O -aU O O O O b O ON--� UOLU O 'E c > E te C,5"7 Q L cN o 0 48 L U �j' O N tO •� 0 U ta"'C Q O Q E Q J O_ ate-+ O d' C L j cz U O 7 C 0 +i_-! m . w > > a E +� +� • +t+ 0. 5;= cz N b).2, 0 U D Iz N t O O -E O Q � C E O —O E +' �' *Z, O L L bA N p N a cc j O O O bA m �j C C N O U Q U -O V U =� U N 2Oti d cTC c�OU 'OU QNOX C C Q T U D O a O N O U 2� U N O- O ci E cz 4 JL N T -- N .� d N tC O QE C 7•CZ t:3 O�UmsE C +� + tWw� -0U O �n 1� -o U > �+ N cC C A cC ,$cz U O Q a--; Uco Qo) d Q +' N O C d' O U " Ocu a 0 0 o c c � cu 2 x o a v U LL cc cc O E o FT n 14.D. FUTURE AGENDA ITEMS 9/19/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/19/2017 REQUESTED ACTION BY COMMISSION: Staff to research possibility of allowing dogs at the beach during certain hours and bring back to Commission - TBD EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 651 of 678 14. E. FUTURE AGENDA ITEMS 9/19/2017 REQUESTED ACTION BY COMMISSION: The Mayor has requested to discuss the possibility of a resolution by the City in support of development of a boat lift at the C51 canal. - October 3, 2017 EXPLANATION OF REQUEST: The Board of Directors of the PBC League of Cities passed Resolution 2016-01 on January 27, 2016 supporting and encouraging development of the chain of lakes blueway trail project (see attached) HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Non -budgeted ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 652 of 678 14. F. FUTURE AGENDA ITEMS 9/19/2017 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 17-021 - SECOND READING -Approve Town Square Future Land Use Map Amendment from Public and Private Governmental/Institutional (PPGI) and High Density Residential (HDR) to Mixed Use Medium (MXM) and rezone from PU Public Usage, REC Recreation and R-3 Multifamily to MU -3 Mixed Use 3 zoning district. City -i nitiated.(First Reading approved 8/15, Second Reading Pending Fl. Dept. of Economic Opportunity approval, which takes approximately 2 to 4 months.) PROPOSED ORDINANCE NO. 17-022 - SECOND READING - Amending Ordinance 02-013 to Rezone a Parcel of Land Described Herein and Commonly Referred to as Town Square From Public Usage (Pu); Recreation (Rec) And Multifamily (R-3) to Mixed Use 3 (Mu -3). EXPLANATION OF REQUEST: This future land use amendment and rezoning have been initiated by City staff in preparation for the redevelopment of the civic campus, now referred to as Town Square, into a mix use project. The project is proposed as a partnership between the City, the CRA and the private development team, based on the Public - Private Partnership (P3) development model pursuant to Chapter 255.065, Florida Statutes. In addition to the civic campus, the subject actions apply to the property occupied by the Park Lane Condominium, a small condominium development partially surrounded by the project area. At present there is no formal, full Master Plan application for the project accompanying the zoning request. Since 2015, the City has been able to proactively initiate and process future land use reclassifications and rezonings to selected sites for which there already is a specific vision, supported by a redevelopment or other plan of major importance. The subject request meets this criterion, as the Town Square project is supported by both the CRA Plan and the City's Strategic Plan. The proposed Mixed Use Medium (MXM) future land use category implements the CRA Plan's FLU recommendation for the property. The maximum density for the MXM is 50 du/acre. However, since the site is located within the Downtown Transit -Oriented Development (DTOD) district, its redevelopment density can potentially be increased by 25%, to 63 du/acre. Currently, the City is considering linking eligibility for a 25% density bonus to participation in the Workforce Housing Program. Since the site exceeds 10 acre, the amendment, if approved, will have to undergo state review prior to the City final approval. Moreover, the requested Mixed Use Medium FLU classification, as well as the MU -3 zoning district, require updates to the regulatory framework, including the Comprehensive Plan Future Land Use Element and the Land Development Regulations (LDRs). The Comprehensive Plan amendments were adopted by the City Commission on July 18th and subsequently resent to the state for a final review. If not challenged, the amendments will become effective 31 days after amendment package is deemed complete. Amendments to the LDRs—currently in drafting—will implement the Comprehensive Plan -modified FLU structure as well as changes to the zoning structure recommended by the CRA Plan. The LDR amendments Page 653 of 678 are anticipated to be adopted by September 19th. The Planning and Development Board recommended denial of the subject request on July 25, 2017. The chief concern was perceived lack of adequate protection for historic properties.. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The relocation/rehousing of city departments planned as part of the Town Square project has a potential to significantly enhance efficiency of the public service provision. FISCAL IMPACT: The project will generate new ad valorem tax stream revenues from the previously tax exempt properties through the involvement of the private sector. ALTERNATIVES: Staff does not recommend any alternatives. STRATEGIC PLAN: Great Neighborhoods: Safe, Affordable and Livable STRATEGIC PLAN APPLICATION: This action represents a critical task for achieving the "Town Square Redevelopment" strategic objective. CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Ordinance D Staff Report D Location Map D Exhibit D Exhibit D Exhibit D Exhibit D Exhibit Description Ordinance approving Town Square Land Use Amendment Ordinance approving Rezoning of Town Square Staff Report Location Map Exhibit B1 Exhibit B2 Exhibit C1 Exhibit C2 Exhibit D Page 654 of 678 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 ORDINANCE NO. 17 - 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 PROPERTY COMMONLY KNOWN AS TOWN SQUARE AND DESCRIBED HEREIN, OWNED BY THE CITY OF BOYNTON BEACH; CHANGING THE LAND USE DESIGNATION FROM PUBLIC AND PRIVATE GOVERNMENTAL/INSTITUTIONAL (PPGI) AND HIGH DENSITY RESIDENTIAL TO MIXED USE MEDIUM(MXM); 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 Future Land Use Element (designation) of the Comprehensive Plan as hereinafter 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: Page 655 of 678 31 That the Future Land Use of the following described land described in Exhibit "A" is 32 amended from Public and Private Governmental/Institutional (PPGI) and High Density 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 Residential (HDR) to: MIXED USE MEDIUM (MXM). Section 3 : This Ordinance shall take effect on adoption, subject to the review, challenge, or appeal provisions provided by the Florida Local Government Comprehensive Planning and Land Development Regulation Act. No party shall be vested of any right by virtue of the adoption of this Ordinance until all statutory required review is complete and all legal challenges, including appeals, are exhausted. In the event that the effective date is established by state law or special act, the provisions of state act shall control. FIRST READING this day of , 2017. SECOND, FINAL READING and PASSAGE this day of , 2017. CITY OF BOYNTON BEACH, FLORIDA ATTEST: Judith A. Pyle, CMC City Clerk (Corporate Seal) Mayor — Steven B. Grant Vice Mayor — Justin Katz Commissioner — Mack McCray Commissioner — Christina L. Romelus Commissioner — Joe Casello VOTE YES NO Page 656 of 678 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ORDINANCE NO. 17 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE 02- 013 TO REZONE A PARCEL OF LAND DESCRIBED HEREIN AND COMMONLY REFERRED TO AS TOWN SQUARE FROM PUBLIC USAGE (PU); RECREATION (REC) AND MULTIFAMILY (R-3) TO MIXED USE 3 (MU -3); 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; 15 and 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 WHEREAS, the City of Boynton Beach, owner of the property has made application to rezone a parcel of land, said land being more particularly described hereinafter, from Public Usage (PU); Recreation (REC) and Multifamily (R-3) to Mixed Use 3 (MU -3); and WHEREAS, the City Commission conducted public hearings as required by law 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. C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\1D06F304-491E-437D-8541-40828E375B54\Boynton Be ach.6369.1. Town_S quare_ -_Rezone. do c Page 657 of 678 31 Section 2. The land described in Exhibit "A" be and the same is hereby rezoned 32 from PU Public Usage; REC Recreation and R-3 Multifamily to Mixed Use 3 (MU -3). A 33 location map is attached hereto as Exhibit "B" and made a part of this Ordinance by 34 reference. 35 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 36 accordingly. 37 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby 38 repealed. 39 Section 5. Should any section or provision of this Ordinance or any portion thereof 40 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect 41 the remainder of this Ordinance. 42 Section 6. This ordinance shall become effective immediately upon passage. 43 FIRST READING this day of , 2017. 44 SECOND, FINAL READING and PASSAGE this day of , 2017. 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Steven B. Grant Vice Mayor — Justin Katz Commissioner — Mack McCray Commissioner — Christina L. Romelus Commissioner — Joe Casello ATTEST: Judith A. Pyle, CMC City Clerk VOTE C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\1D06F304-491E-437D-8541-40828E375B54\Boynton Be ach.6369.1. Town_S quare_ -_Rezone. do c Page 658 of 678 66 67 (Corporate Seal) C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\1D06F304-491E-437D-8541-40828E375B54\Boynton Be ach.6369.1. Town_S quare_ -_Rezone. do c Page 659 of 678 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 17-001 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Michael Rumpf Planning and Zoning Director FROM: Hanna Matras, Senior Planner DATE: July 10, 2017 PROJECT: Town Square LUAR 17-005 REQUEST: Approve Town Square Future Land Use Map Amendment from Public and Private Governmental/Institutional (PPGI) and High Density Residential (HDR) to Mixed Use Medium (MXM) and rezone from PU Public Usage, REC Recreation and R-3 Multifamily to MU -3 Mixed Use 3 zoning district. City -initiated. PROJECT DESCRIPTION Property Owner: City of Boynton Beach (7 parcels) and owners of 14 Park Lane Condominium units Applicant: City of Boynton Beach Location: Area bounded by Seacrest Boulevard on the west, NE 1St Street on the east, Boynton Beach Boulevard on the north and SE 2nd Avenue on the south (Exhibit "A") Existing Land Use/ Zoning: Public and Private Governmental/Institutional (PPGI) and High Density Residential (HDR) / PU Public Usage; REC Recreation and R-3 Multifamily (no residential allowed in PPGI and REC; maximum density of 11 du/acre in R-3); see Exhibit "1131" and Exhibit "1132" Proposed Land Use/ Zoning: Mixed Use Medium (MXM) / MU -3 Mixed Use 3 zoning district Page 660 of 678 Page 2 Town Square LUAR 17-005 (maximum density 50 du/acre plus 25% density bonus for Downtown TOD District); see Exhibit "Cl" and Exhibit "C2" Acreage: +/- 16.5 acres Adjacent Uses: North: Right-of-way for Boynton Beach Boulevard and farther north, developed commercial properties classified Local Retail Commercial (LRC) and zoned C-3 (Community Commercial District); South: Right-of-way for SE 2nd Avenue, and farther south, 10 developed single-family homes and 1 vacant parcel, classified Low Density Residential (LDR) and Medium Density Residential (MEDR) and zoned R -1-A, (Single -Family Residential District) and R-2, (Single- and Two -Family Residential District); East: Right-of-way for NE/SE 1St Street; on the Northeast side, a developed commercial property clasified Local Retail Commercial (LRC) and zoned C-3 (Community Commercial); further south, a parking lot and Green Acres condominium, both classified High Density Residential (HDR) and zoned R-3, Multi -Family; further south, a vacant parcel and Ocean East Apartments, both classified Local Retail Commercial (LRC) and zoned R-3, Multi - Family; the Vivienne condominium on the south side has the same zoning but is classified High Density Residential (HDR); in the southeastern section, two developed single-family homes and a duplex classified Low Density Residential (LDR) and zoned R- 1 -A, (Single -Family Residential District). West: Right-of-way for Seacrest Boulevard; on the Northwest side, the USPS facility and an office building, both classified Local Retail Commercial (LRC) and zoned C-2 (Neighborhood Commercial District); farther south, First United Methodist Church, classified High Density Residential (HDR) and zoned R-3, Multi -Family (on the part of properties fronting Seacrest Boulevard); south of W. Ocean Avenue, developed single-family homes and small residential rental properties, classified High Density Residential (HDR) and zoned R-3, Multi -Family. 2 Page 661 of 678 Page 3 Town Square LUAR 17-005 BACKGROUND The Site The subject area covers four blocks, bounded by Seacrest Boulevard on the west, NE 1St Street on the east, Boynton Beach Boulevard on the north and SE 2nd Avenue on the south. It includes seven (7) parcels owned by the City of Boynton Beach, for a total of 15.05 acres, the right-of-way for NE 1St Avenue of 0.7 acre, part of the right-of-way for SE 1St Avenue of approximately 0.09 acres (currently with no future land use classification or zoning designation) and a 14 -unit Park Lane condominium site on approximately 0.63 acres. The City -owned parcels contain the civic campus with the following structures: • 1913 Schoolhouse Museum, including amphitheatre • Art Center • City Hall Complex, including parking garage • Civic Center • Old High School • Kid's Kingdom Playground • Library • Madsen Senior Center (presently housing Code Compliance), including shuffleboard courts As a redevelopment site, the property has several pertinent locational characteristcs: • It is situated within the Community Redevelopment Area, giving a potential development access to a number of incentives, and allowing the Community Redevelopment Agency to become a partner in the incoming project (see "The Proposed Action" section below); • It is enclosed within the Downtown Transit -Oriented Development (DTOD) district, which covers a '/2 mile radius around the intersection of Boynton Beach Boulevard and NE 4t" Street, the site of the future station for the planned Tri -Rail Coastal Link commuter train system on the FEC Rail, which will provide passenger service between Miami and West Plam Beach. The DTOD district regulations support increased intensity of development through a 25% density bonus. • It is also enclosed within both the Coastal Residential Exception area, which exempts all residential development east of 1-95 from the Palm Beach County traffic concurrency, and the Transportation Concurrency Exception Area (TCEA), which, while setting limits on the amount of development that will be allowed, carries additional traffic concurrency exemption for commercial and other non-residential development. 3 Page 662 of 678 Page 4 Town Square LUAR 17-005 • The site is split between two CRA districts, the Cultural District and the Boynton Beach Boulvard District, which—together with four others—have been identified and designated as distinctive planning areas by the CRA Community Redevelopment Plan adopted in October of 2016. (See Exhibit "D") The addition of the Park Lane Condominium site squares the project's boundary. The site lays within the Cultural district and is a subject to the same future land use CRA Plan's recommendation as the Town Square. The Proposed Action This action—the future land use amendment and rezoning—has been initiated by City staff in preparation for the redevelopment of the civic campus, now referred to as Town Square, into a mix use project. The project is proposed as a partnership between the City, the CRA and the private development team, based on the Public -Private Partnership (P3) development model pursuant to Chapter 255.065, Florida Statutes. P3s are agreements formed between public and private entities that allow for greater private -sector participation in the financing and delivery of public building and infrastructure projects. (In February of 2015, the City adopted Resolution 15-020, which established procedures for processing of P3s.) Even though a conceptual Town Square Master Plan has been made public, at present there is no Master Plan application for the project accompanying the subject zoning request as would be required by the Land Development Regulations (LDRs) for a privately -initiated application involving a planned zoning district. Since 2015, the City has been able to proactively initiate and process future land use reclassification and rezoning to selected sites—if recommended by a significant planning document(s)— without a concurrent review of a master plan. Such "proactive" actions assures that these properties will have the recommended future land use classification and a corresponding zoning designation "on the ground," ready for incoming projects. The City makes use of this provision for sites for which there already is a specific vision, supported by a redevelopment or other plan of major importance. The subject request meets this criterion, as the Town Square project is supported both by the 2016 CRA Community Redevelopment Plan and the City's Strategic Plan. Previous FLU Amendment/Rezoning Applications for the Site In 2013, the City processed a FLU amendment and rezoning for a small part of the subject site (about 2 acres) occupied by the Old High School, as part of a development agreement in a public/private partnership with an applicant planning the renovation and adaptive reuse of the building. Of the two requests, for a mixed use future land use and zoning, only the first one was approved by the City Commission. The project was subsequently abandoned and the City took the action to revert the site to its previous (and current) PPGI future land use classification. ALI Page 663 of 678 Page 5 Town Square LUAR 17-005 Prerequisites for Approval: the Process The regulatory framework for the requested FLU classification of Mixed Use Medium (MXM) and the zoning designation of MU -3 Mixed Use 3 has not as yet been completed. The framework requires text amendments to both the Comprehensive Plan Future Land Use Element and the Land Development Regulations (LDRs). The status of this process is as follows: • The Comprehensive Plan amendments were adopted by the City Commission on July 18th and subsequently resent to the state for a final review. If not challenged, the amendments will become effective 31 days after amendment package is deemed complete (anticipated by September 1S) • Amendments to the LDRs—currently in drafting—will implement the Comprehensive Plan -modified FLU structure as well as changes to the zoning structure recommended by the CRA Plan. The LDR amendments are anticipated to be adopted by September 19tH Since the size of the property under consideration for the Town Square project exceeds ten acres, the proposed FLU amendments are subject to the Expedited State Review Process per provisions of Chapter 163.3184(3) and (5), Florida Statutes. The Expedited State Review Process applies to all comprehensive plan amendments except for small scale amendments and amendments that must follow the State Coordinated Review Process, such as the Evaluation and Appraisal Review (EAR) -based amendments to the Coastal Management Element adopted by the City in 2016. If the Commission approves the proposed amendments, they will be transmitted for review to the Florida Department of Economic Opportunity (DEO), the state land planning agency. The final adoption by the City Commission is tentatively scheduled for October 17th, by which date the required regulatory framework will be updated. REVIEW BASED ON CRITERIA The following analysis adresses all the criteria for review of Comprehensive Plan Map amendments and rezonings listed in the Land Development Regulations, Chapter 2, Article II, Section 2.13.3 and Section 2.D.3. (although City -initiated requests must meet at a minimum criterion "b"): a. Demonstration of Need. A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. A need for redevelopment of the Boynton Beach civic campus has been recognized for over 20 years. The campus occupies a large track of land close to downtown, and has a 5 Page 664 of 678 Page 6 Town Square LUAR 17-005 significant potential to contribute to the quality of the downtown experience through the creation of an attractive, functionally unified built environment. In its current condition, it represents an inefficient use of the valuable land in the City's center, with several disconnected sections, a few obsolete/outdated structures and a historic Old High School building in a state of severe disrepair. It has also been recognized early on that redevelopment of the Town Square and, specifically, the adaptive reuse of the High School, will likely require an involvement of the private sector. In 2015, the City decided on the use of the P3 process in transforming Town Square into a mixed use project with civic as well as residential and commercial uses, and included the project as a high priority item in its Strategic Plan. The project requires a mixed use future land use classification to allow for addition of residential and commercial uses not permitted under the current Public and Private Governmental/Institutional category. The choice of the Mixed Use Medium (MXM) category with a density cap of 50 du/acre (with an additional Downtown TOD District's 25% density bonus) fulfills the recommendation of the CRA Community Redevelopment Plan warranted by the project's proximity to the core of the downtown and to the future station of the planned Coastal Link commuter train service. The MXM category is in- between the proposed new Mixed Use Low, with the density cap of 20 du/acre arguably too low for the location, and the Mixed Use High (renamed Mixed Use Core), whose 80 du/acre density cap is reserved for the core of the downtown. b. Consistency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. Consistency with Comprehensive Plan and Redevelopment Plan The future land use classification of MXM proposed for the site is consistent with, and implements, the CRA Community Redevelopment Plan's recommendations for the Cultural and Boynton Beach Boulevard districts in the subject location (the site is split between the two districts). The proposed FLU amendment and rezoning is also explicitely consistent with a number of the policies of the Comprehensive Plan pertaining to mixed use development, most importantly (current) policies 1.18.1 and 1.18.2 of the Future Land Use element: Policy 1.18.1 The City shall implement the Transit -Oriented Development (TOD) approach, as described in the 2012 Florida Department of Transportation's TOD Guidebook, to manage future growth within a mile radius around the intersection of Ocean Avenue and the Florida East Coast rail corridor, which is the anticipated location of the Downtown Boynton Beach Station for the planned commuter C Page 665 of 678 Page 7 Town Square LUAR 17-005 Tri -Rail Coastal Link service on the FEC Corridor. This area will be referred as the Downtown TOD District hereforth. The inner %-mile core of this District shall be designed to accommodate the greatest density and intensity of development. Policy 1. 18.2 The City shall aim to transform the Downtown TOD District area into an active, mixed-use, pedestrian -friendly activity zone, supporting new housing to increase potential ridership, intensifying land development activity, and adding amenities and destination uses for future transit riders. The City shall strive to achieve this goal through facilitating compact, high density and intensity development of a varied mix of land uses. Note that not only is the subject property located within the DTOD District, but most of its area falls within the transit core (the District's 1/4—mile radius), therefore justifying the requested MXM future land use classification which would allow a maximum density of 63 du/acre (with the District's 25% density bonus). Consistency with Land Development Regulations (LDR) See "Prerequisits for Approval: the Process" section on page 4 of this report. The Land Development regulations implementing the new future land use/zoning structure will be adopted prior to the adoption of the proposed amendment, anticipated in October. c. Land Use Pattern. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and rezonings that would result in more desirable and sustainable growth for the community. It is indeed the staff's opinion that the proposed FLUM reclassification and rezoning would result in more desirable and sustainable growth for the community and improve the general public welfare. While both actions will temporarily create "isolated" districts, the requested FLU category (as already stated) is consistent with the recommendation of the CRA Plan, which also recommends the MXM category for areas west (between Boynton Beach Boulevard and 1St NW Avenue only), north, and east of Town Square (see Exhibit D). Going forward, these recommendations aim to achieve a major transformation of the subject area, implementing the City's and the CRA's vision for it. d. Sustainability. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would support the integration of a mix of land uses consistent with the 7 Page 666 of 678 Page 8 Town Square LUAR 17-005 Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses; 2) access to alternative modes of transportation, and 3) interconnectivity within the project and between adjacent properties. The proposed FLUM amendment and rezoning clearly meets the definition of "sustainable" as it supports a mixed use, high density redevelopment of the site. Residents and visitors will have access to public transit via Palm Tran bus service on Seacrest and Boynton Beach boulevards (with bus stops located in front of the proposed project), as well as, in the future, to the planned Coastal Link commuter train service. e. Availability of Public Services / Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. Water and Sewer. Long-term capacity availability for potable water and sewer for the subject request has been confirmed by the Utilities Department. So/id Waste. The Palm Beach County Solid Waste Authority determined that sufficient disposal capacity will be available at the existing landfill through approximately the year 2046. Drainage. Drainage will be reviewed in detail as part of the site plan, land development, and building permit review processes. Traffic. The property is under the Coastal Residential exception and TCEA designations and is therefore exempted from the concurrency requirements of the Palm Beach County Traffic Performance Standards Ordinance. (The required Traffic Statement will be submitted with a site plan/master plan package.) The monitoring of the maximum allowable residential uses and square footage of commercial, industrial and other non- residential uses as well as applicable use ratios under the TCEA Planned 2025 Land Use Table indicate that the current (cumulative) numbers remain significantly off the allowable thresholds. Schools. The School Capacity Availability Determination application will be submitted with a site plan/master plan package. f. Compatibility. The application shall consider the following factors to determine compatibility. (1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties, and 9 Page 667 of 678 Page 9 Town Square LUAR 17-005 (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. The adjacent and nearby properties include both residential and commercial uses, albeit low rise, while the maximum height of the proposed zoning is 75 feet. However, as indicated in response to criterion "c," future uses in the areas northwest, north and east of the subject property are planned to be compatible in general character and scale to the Town Square project as per recommendations of the CRA Plan. Possible incompatiblity with single-family homes along SE 2nd Avenue will be addressed at the site plan review phase through the project's design. The redevelopment of the subject site is expected to spur more redevelopment activities in the surrounding area, and positively affect the property values. The potential positive impacts will be magnified by the eventual availability of the Coastal Link train commuter service. As was already stated in this report, the need for redevelopment of the Boynton's civic campus has long been recognized as vital for both the area and the city as a whole, and now has a strong support in the CRA Community Redevelopment Plan, the City's Strategic Plan and the Economic Development (ED) Strategic Plan. The requested actions lay the groundwork for the realization of the City's vision for the Town Square. g. Direct Economic Development Benefits. For rezoning/ FLUM amendments involving rezoning to a planned zoning district, the review shall consider the economic benefits of the proposed amendment, specifically, whether the proposal would: (1) Further implementation of the Economic Development (ED) Program,- (2) rogram,(2) Contribute to the enhancement and diversification of the City's tax base,- (3) ase,(3) Respond to the current market demand or community needs or provide services or retail choices not locally available,- (4) vailable,(4) Create new employment opportunities for the residents, with pay at or above the county average hourly wage,- (5) age,(5) Represent innovative methods/technologies, especially those promoting sustainability; (6) Be complementary to existing uses, thus fostering synergy effects, and (7) Alleviate blight/economic obsolescence of the subject area. As mentioned above (criterion 'T'), the Town Square project is supported by the City 2016-2021 ED Strategic Plan—which has now supplanted the Economic Development Program—and therefore the requested actions meet criterion g(1). Specifically, the project is listed under the ED Strategic Plan's ACTION PLAN FOR CHANGE, Goal 4, Objective 4.1: Promote Economic Development /Redevelopment in the Eastern Section of the City; Strategy 4.1.4.: Work with the CRA to develop a Town Spuare in the downtown to include City Hall, Library, Children's School House Museum, Old Hiph 9 Page 668 of 678 Page 10 Town Square LUAR 17-005 School, Civic Center, Arts Center, and Madsen Center. The proposed FLUM amendment/rezoning supports a project that would constitute a major catalyst for creating a successful, lively downtown, bringing more development to the area and attracting more residents and visitors to the City. The project would or at least has a potential to: • Generate new ad valorem tax stream revenues from the previously tax exempt properties through the involvement of the private sector (criterion g2); • Respond to the community needs by enhancing efficiency of the public service provision (criterion g3); • Create jobs, though most will likely be low wage retail positions; and • Alleviate economic/functional obsolescence in the subject area, including underutilization of land on the subject property (criterion g7). In addition, the requested actions and the project they will support include restoration/preservation and adaptive reuse of the Old High School. h. Commercial and Industrial Land Supply The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions: (1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development, or (2) The proposed rezoning/FLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph "g" above, and (3) The proposed rezoning/FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and/or rezoning. The proposed FLUM amendment and rezoning would add a commercial component to the civic campus: the current land use and zoning do not allow commercial uses. L Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. N/A (See responses above to criteria "a," "b," and "c.") 10 Page 669 of 678 Page 11 Town Square LUAR 17-005 j. Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursuant to Section 2.D.1.e above, both shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article 111 and the site development standards of Chapter 4. The City -initiated rezonings can proceed in advance of the master plan submittal. When submitted, the master plan will comply with Land Development Regulations (see the "Prerequisites for Approval: the Process" section of this report). CONCLUSION/RECOMMENDATION As indicated herein, staff has reviewed the proposed requests and determined that they are consistent with the policies of the Comprehensive Plan and implement the recommendations of the CRA Community Redevelopment Plan, the City's Strategic Plan and the Economic Development Strategic Plan. It is anticipated that the Comprehensive Plan and LDR amendments required for the approval of the proposed FLU Map amendment and rezoning will be finalized prior to its expected adoption date. Staff recommends approval of the proposed Future Land Use Map amendments for the transmittal to the State for an Expedited State Review. ATTACHMENTS S:\Planning\SHARED\WP\PROJECTS\Town Square LUAR 17-005\Town Square LUAR 17-005 Staff Report.doc 11 Page 670 of 678 CITY OF BOYNTON BEACH EXHIBIT A TOWN SQUARE LOCATION MAP Total Town Square area: 16.5 acres 0 0.0125 0.025 0.05 0.075 0.1 Miles Source: Palm Beach County GIS Digital Data 2006-2015 Copyright Palm Beach County Florida 2006-2015 All rights reserved - Subject to a Licence Agreement Page 671 of 678 CITY OF BOYNTON BEACH EXHIBIT 131 CURRENT FLU CLASSIFICATIONS FOR TOWN SQUARE AND ADJACENT AREAS 1 1 NE 3rd Ave " 1 I E Boynton Beach Blvd NE 1st E Ocean Ave st zna Legend Future Land Use Classifications l LOW DENSITY RESIDENTIAL (LDR) Max. 5 D.U./Acre MEDIUM DENSITY RESIDENTIAL (MEDR) Max. 10 D.U./Acre HIGH DENSITY RESIDENTIAL (HDR) Max. 11 D.U./Acre 2 LOCAL RETAIL COMMERCIAL (LRC) GENERAL COMMERCIAL (GC) p%j4 N`Q,\t INDUSTRIAL (1) PUBLIC & PRIVATE GOVERNMENTAL/INSTITUTIONAL (PPGI) Town Square Last amended October 20, 2015 N W E S 0 0.0125 0.025 0.05 0.075 0.1 Miles Source: Palm Beach County GIS Digital Data 2006-2015 Copyright Palm Beach County Florida 2006-2015 All rights reserved - Subject to a Licence Agreement Page 672 of 678 CITY OF BOYNTON BEACH EXHIBIT B2 CURRENT ZONING DESIGNATIONS FOR TOWN SQUARE AND ADJACENT AREAS L° I I ' NE 3rd Ave I I C2 Neighborhood Commercial C3 Community Commercial C4 General Commercial CBD Central Business District 0 M1 Light Industrial PU Public Usage `;''' REC Recreation 0 0.0125 0.025 0.05 0.075 0.1 Miles Source: Palm Beach County GIS Digital Data 2006-2015 Copyright Palm Beach County Florida 2006-2015 All rights reserved - Subject to a Licence Agreement Town Square Page 673 of 678 CITY OF BOYNTON BEACH EXHIBIT C1 PROPOSED FLU CLASSIFICATION FOR TOWN SQUARE* 1 1 NE 3rd Ave " 1 I E Boynton Beach Blvd st °Ave st zna * NOTE: Areas adjacent to Town Square shown N with the current FLU classifications W E S 0 0.0125 0.025 0.05 0.075 0.1 Miles Source: Palm Beach County GIS Digital Data 2006-2015 Copyright Palm Beach County Florida 2006-2015 All rights reserved - Subject to a Licence Agreement Page 674 of 678 CITY OF BOYNTON BEACH EXHIBIT C2 PROPOSED ZONING DESIGNATION FOR TOWN SQUARE 90POV-11, L° I I ' NE 3rd Ave I I E Boynton Beach Blvd st Ave C2 Neighborhood Commercial C3 Community Commercial C4 General Commercial CBD Central Business District 0 M1 Light Industrial MU -3 Mixed Use 3 Town Square 0 0.0125 0.025 0.05 0.075 0.1 Miles Source: Palm Beach County GIS Digital Data 2006-2015 Copyright Palm Beach County Florida 2006-2015 All rights reserved - Subject to a Licence Agreement Page 675 of 678 CITY OF BOYNTON BEACH: TOWN SQUARE EXHIBIT D CRA COMMUNITY REDEVELOPMENT PLAN'S FLU RECOMMENDATIONS FOR CULTURAL AND AND BOYNTON BEACH BOULEVARD DISTRICTS LEGEND Town Square Cultural District Q Boynton Beach Blvd District Mixed Use High (MXH), Max. Density 80 D.U./Acre Mixed Use Medium (MXM), Max. Density 50 D.U./Acre Low Density Residential , Max. Density 7.5 D.U./Acre N W E S 0 0.0125 0.025 0.05 0.075 0.1 Miles Source: Palm Beach County GIS Digital Data 2006-2015 Copyright Palm Beach County Florida 2006-2015 All rights reserved - Subject to a Licence Agreement Page 676 of 678 14.G. FUTURE AGENDA ITEMS 9/19/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/19/2017 REQUESTED ACTION BY COMMISSION: Mayor Grant has requested discussion concerning registered lobbyists and their participation on City advisory boards - TBD EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 677 of 678 14. H. FUTURE AGENDA ITEMS 9/19/2017 REQUESTED ACTION BY COMMISSION: Commission to consider temporarily suspending the enforcement actions of the Community Standards Division for those sections of the code that require corrective action, but may be unattainable due to conditions created by Hurricane Irma. EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 678 of 678